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HomeMy WebLinkAboutOrdinance 6360 11/21/2016 CITY OF SPRINGFIELD, OREGON ORDINANCE NO. 6360 (GENERAL) AN ORDINANCE AMENDING THE SPRINGFIELD DEVELOPMENT CODE, SECTION 5.15 MINIMUM DEVELOPMENT STANDARDS, SPECIFICALLY SECTIONS 5.15-100- PURPOSE AND 5.15-110- APPLICABILITY; EXPANDING THE LOCATION, SIZE AND TYPE OF DEVELOPMENT PROJECTS ELIGIBLE FOR MINISTERIAL PROCESSING; ADOPTING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Metro Plan is the adopted and acknowledged long range comprehensive pian establishing land use policy for the City of Springfield and its urbanizable area; and WHEREAS, the Springfield Development Code (SDC} is the adopted and acknowledged implementing ordinance for the orderly and efficient conservation and development of land and resources within the City of Springfield's land use jurisdiction in accordance with the Metro Plan; and WHEREAS, SDC Section 5.15 contains Minimum Development Standards intended to support economic development by minimizing City review for minor additions or expansions, changes in approved use categories, or where land use conflicts have been mitigated or eliminated as a result of prior development approvals, zoning or regulation, and the purpose of the MDS procedures is to provide the minimum level of ministerial review that guarantees compliance with applicable development standards; and WHEREAS, the Common Council of the City of Springfield has appointed the Development Advisory Committee as an ad hoc committee of the Council to review development standards and recommend revisions thereto, with the stated goal of improving the efficiency, and thereby the competitiveness, of Springfield's development review procedures; WHEREAS, Staff initiated the proposed amendments on recommendation of the Development Advisory Committee for consideration of the Springfield Planning Commission and the Common Council; and WHEREAS,the proposed text amendments to Springfield Development Code, Section 5.15-100-110, Minimum Development Standards (MDS) would extend the ministerial MDS provisions to properties up one acre in size that are located in the Commercial, Industrial, Medium and High Density Residential Districts whenever the on-site conditions permit; and WHEREAS, Section 5.6 -100 of the SDC sets forth procedures for the amendment of the Springfield Development Code; and WHEREAS, the Springfield Planning Commission conducted a work session and a public hearing concerning the proposed text amendments to SDC Section 5.15 on September 20, 2016, and voted unanimously to recommend approval of the amendments to the City Council. The Planning Commission recommendation to the City Council is based upon findings set forth in the Staff Report and on the evidence and testimony in the record; and WHEREAS, the Council conducted a public hearing concerning the proposed text amendments to SDC Section on October 17, 2016; and WHEREAS, on November 7, 2016, the Council conducted a second reading of the ordinance and is now ready to take action on this application based upon findings in support of adoption of this SDC text amendment as set forth in the aforementioned Staff Report incorporated herein as Exhibit A and the Page 1 of 3 evidence and testimony already in the record as well as the evidence and testimony presented at the public hearing held in the matter of adopting this Ordinance, NOW,THEREFORE,THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS: Section 1. SDC Section 5.15-1O0C. and D, are amended to read: C. MDS Minor Application. This process shall be used for expansions or additions on an existing development site that do not exceed 10,000 square feet. D. MDS Major Application. This process shall be used for expansions or additions to certain existing development sites where the expansion or addition does not exceed 50,000 square feet of new impervious and/or combined gross floor area. Section 2. SDC Section 5,15-11OA.2. and 3. are amended to read: 2. MDS Minor provisions shall apply within all commercial, industrial and public land zoning districts,where there is: (a) new construction, an addition or expansion on a development site of up to 10,000 square feet; or(b)a change in land use category or building occupancy of a structure or property. MDS Minor submittals shall comply with the standards of Section 5.15-120 Subsections A. through H. 3. MDS Major provisions shall apply only within Commercial, Industrial, High Density Residential, Medium Density Residential and Public Land and Open Space zoning districts where: a. The proposed development area is not located within 50 feet of Low Density Residential zoned or designated property(as measured from the property line of the subject site and including public rights-of-way); and b. The proposed construction,addition or expansion will not exceed 50,000 square feet of new impervious and/or combined gross floor area; and C. Where the proposal will comply with the standards of Section 5.15-120 Subsections A. through L Section 3. Savings Clause. Except as specifically amended herein, SDC Section 5.15 shall continue in full force and effect. Section 4. Severability Clause. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 5. Effective Date of Ordinance. Notwithstanding the effective date of ordinances as provided by Section 2.110 of the Springfield Municipal Code 1997,this ordinance shall become effective Page 2 of 3 ORDINANCE NO.6360 30 days from the date of passage by the City Council and approval by the Mayor, or upon the date of acknowledgement as provided in ORS 197.625, whichever date is later. ADOPTED by the Common Council of the City of Springfield this 21 day of NOV._...EMB.? , ? by a vote of 5 for and 0 against.E 1 absent - Moore) APPROVED by the Mayor of the City of Springfield this 21 day of NOVEMBER 2016 Mayor A­[TEST: City Record4 . REVIEWED&APPROVED AS TO,F RK& DATE. LEGAL COONSItC Page 3 Of 3 ORDINANCE N0. 6360