HomeMy WebLinkAboutOrdinance 6133 07/18/2005
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ORDINANCE
ORDINANCE NO. 6133
(General)
AN ORDINANC~ AMENDING THE SPRINGFIELD DEVELOPMENT CODE,
ARTICLE 1 GENERAL PROVISIONS; ARTICLE 2 DEFINITIONS; ARTICLE 3
DEVELOPMENT APPROVAL AND LAND USE DECISION PROVISIONS; ARTICLE 4
INTERPRETATIONS; ARTICLE 5 NON-CONFORMING USES; ARTICLE 6
ANNEXATIONS; ARTICLE 9 VACATIONS; ARTICLE 10 DISCRETIONARY USE;
ARTICLE 11 VARIANCES; ARTICLE 12 OFFICIAL ZONING MAP AMENDMENTS;
ARTICLE 14 PUBLIC HEARINGS; ARTICLE 15 APPEALS; ARTICLE 16
RESIDENTIAL ZONING DISTRICTS; ARTICLE 17 DWP DRINKING WATER
PROTECTION OVERLAY DISTRICT; ARTICLE 18 COMMERCIAL ZONING
DISTRICTS; ARTICLE 26 HD HILLSIDE DEVELOPMENT OVERLAY DISTRICT;
ARTICLE 29 UF-I0 URBANIZABLE FRINGE OVERLAY DISTRICT; ARTICLE 31
MINIMUM DEVELOPMENT STANDARDS AND SITE PLAN REVIEW STANDARDS;
ARTICLE 32 PUBLIC AND PRIVATE IMPROVEMENTS; ARTICLE 34 PARTITION
STANDARDS; ARTICLE 35 SUBDIVISION STANDARDS; ARTICLE 37 MASTER
PLANS; AND ARTICLE 38 TREE FELLING STANDARDS; ADOPTING A
SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY.
THE CITY COUNCIL OF THE CITY OF SPRINGFIELD FINDS THAT:
WHEREAS, the Springfield Development Code (SDC) was adopted by the Springfield
City Council on May 5, 1986, and amendments thereto were subsequently adopted by
Ordinance; and
WHEREAS, Article 7 of the SDC sets forth procedures for the amendment of this
document; and
WHEREAS, the intent of the proposed SDC 'housekeeping" amendments is to: reformat
articles; clarify text, comply with recently adopted Oregon Revised Statutes amendments and to
follow Planning Commission direction to have more applications reviewed by staff; and
WHEREAS, on May 3, 2005, the Springfield Planning Commission held a work session
on this SDC "housekeeping" amendment application (Case Number LRP 2005-00012).
WHEREAS, on June 7, 2005, the Springfield Planning Commission held another work
session and a public hearing on this SDC "housekeeping" amendment application and voted 7 to
o to recommend approval of these amendments to the City Council based upon findings in
support of adoption of these amendments to the SDC as set forth in the Staff Report and the
Recommendation to the Council incorporated herein by reference; and
WHEREAS, on June 27,2005, the Springfield City Council held a work session on this
SDC "housekeeping" amendment application.
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WHEREAS, on July 18, 2005, the Springfield City Council held a public hearing and
is now ready to take action on this matter based upon the above recommendation and the
evidence and testimony already in the record as well as the evidence and testimony presented at
this public hearing held in the matter of adopting this ordinance amending the SDC.
NOW THEREFORE, THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS:
Section 1: The Article 1 Title page is hereby amended to read as follows:
"ARTICLE 1
GENERAL PROVISIONS
1.010 TITLE
1.020 PURPOSE
1.030 APPLICABILITY
1.035 OFFICIAL ZONING MAPS
1.040 ENFORCEMENT
. 1.050 VIOLATION AND PENALTIES
1.060 SEVERABILITY
1.070 FEES"
Section 2: Section 1.020 is hereby amended to read as follows:
"1.020 PURPOSE.
The regulations contained in this Code are intended to ensure that development shall be:
(1) Sited on property zoned in accordance with the applicable Metro Plan diagram and/or
applicable Refinement Plan diagram, Plan District map, and Conceptual Development
Plan;
(2) Served by a full range of key urban facilities and services that can be provided in an
orderly and efficient manner; and
(3) Consistent with the applicable standards of this Code."
Section 3: Section 1.030, Subsection (2) is hereby amended to read as follows:
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"1.030 APPLICABILITY.
(2) It is the intent of this Code that all development will comply with the applicable
requirements of the following: Federal prof,Jfams, regulations and statutes, including
but not limited to, the Clean Water Act, the Safe Water Act and the Endangered
Species Act; State programs, regulations and statutes, including but not limited to,
permitting agencies such as the Oregon Division of State Lands, the Oregon
Department of Transportation and the Oregon Department of Environmental Quality;
and local programs, regulations and statutes, including but not limited to, the Metro
Plan together with functional plans and applicable refinement plans, the Springfield
Municipal Code (SMC) 1997, the Springfield Building Safety Codes and the
Springfield Fire and Life Safety Codes which may be applicable to a development.
All citations of other City, regional, state, or federal regulations in this Code refer to
the most current version and citation for those regulations in effect at the time of the
development application submittal, unless specifically indicated otherwise. The
specific enforcement of and compliance with applicable state and Federal regulations
shall be under the jurisdiction ofthe appropriate agency, unless specified in this Code
or the SMC. Therefore, approvals granted through the administration ofthis Code do
not constitute Federal or state approvals."
Section 4: Section 1.035 is hereby amended by the addition of the following section:
"1.035 OFFICIAL ZONING MAPS. Zoning district boundaries are shown on the Official
Zoning Maps of the City. The Official Zoning Maps are a part of this Code, but are published
separately. Maps that delineate areas subject to additional zoning regulations may be'included in
this Code, attached to an adopting ordinance, or adopted by reference. The Development
Services Department shall maintain the Official Zoning Maps.
(1) Zone changes. A proposed change to the Official Zoning Maps shall be subject to the
amendment process described in Article 12 of this Code.
(2) Determination of Zoning District Boundaries. Where uncertainty exists relating to
any zoning district boundaries shown on the Official Zoning Maps, the Director shall
determine the boundaries in accordance with the following standards:
(a) Lot Lines. Where zoning district boundaries are indicated as approximately
following lot lines, the lot lines shall be considered to be the boundaries.
(b) Multi-zoned Lots. Where a zoning district's boundary line divides a lot and
the boundary line location is not otherwise designated by ordinance, the
location of the boundary line shall be determined by use of the scale appearing
on the Official Zoning Maps.
(c) Street Lines.
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1.
Where zoning district boundaries are indicated as approximately
following the centerline of a public right-of-way, these lines shall be
considered to be the district boundaries.
2. When a public right-of-way is lawfully vacated, the zoning district
boundary shall be in the center, unless specifically indicated otherwise.
3. The lands formerly within the public right-of-way shall be subject to
the same zoning regulations that are applicable to the underlying
property, unless the zoning is changed by separate action.
(d) Water Courses. Zoning district boundary lines shall follow the center lines of
water courses, unless the boundary lines are fixed by dimensions shown on
the Official Zoning Maps.
(e) Geographic Areas. Zoning District boundary lines may follow ridgelines, the
toe of a hill and/or specific elevation contours.
(3) A property owner may obtain a written verification of the zoning of a lot or parcel by
applying for a Land Use and Zoning Compatibility Statement."
Section 5: Section 1.070 is hereby amended to read as follows:
. "1.070 FEES.
(1) The City Council shall establish fees by separate Resolution for the performance of
the actions and reviews required by this Code. The list of fees is available at the
Development Services Department.
(2) Payment of these fees shall be required at the time of application submittal. No
application will be accepted without paymen.t of the appropriate fee in full, unless the
applicant qualifies for a fee waiver.
(3) Fee Waivers. The following fee waivers shall apply only within the Springfield city
limits.
(a) Non-profit affordable housing providers.
1. Applicable development fees required by this Code may be waived for
up to 50 affordable housing units per year or more, upon the
detennination of need by the Director in order to encourage the
construction of affordable housing. Affordable housing is defined as
newly constructed housing that shall be either for:
a.
Rental housing, rented to households with incomes below 60%
of the area median income, as determined by the Federal
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(4)
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Housing and Urban Development (HUD) income limits in
effect at the time of submittal; or
b.
Home ownership housing sold to households with incomes
below 80% of the area median income, as determined by the
HUD income limits in effect at the time of submittal.
2. The property owner shall enter into a contractual agreement with the
City for a five-year period of affordability for each project to assure
compliance with the stated intent of the project. In addition, all of the
approval criteria listed below shall be met:
a Proof of registered non-profit status;
b. Adequate documentation that the housing meets appropriate
standards regarding household income; rent levels, sales price,
location, and number of units;
c. For rental housing, adequate documentation that such housing
shall remain exclusively available to low-income households at
affordable rents for the period of affordability;
d.
For home ownership housing, adequate documentation that this
housing shall be sold exclusively to low-income households at
an affordable sales price, and additional documentation that if
the housing is resold within the period of affordability, such
housing shall only be sold another low-income household at an
affordable sales price.
e. Adequate documentation that if, within the period of
affordability, the use of the property is no longer for low-
income housing, the owner shall pay the waived development
fee from which the owner or any prior owner was exempt; and
f. Recording of appropriate covenants and documentation to
insure compliance with the requirements set forth in this
Subsection.
(b) Low income citizens. Applicable development fees required by this Code may
be waived by the Director when the applicant is considered to be low income,
as determined by the HUD income limits in effect at the time of submittal.
After denial of an application by the Approval Authority, application resubmittal shall
occur as specified in Section 3.050(7) of this Code. However the fees in effect at the
time of application resubmittal shall be imposed.
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(5)
For modifications or amendments to an approved application requiring Development
Approval, an additional fee shall be required.
(6) Application withdrawal. The Director shall determine the return of any fees upon a
written request by the applicant based upon the following factors:
(a) The time and level of review that went into the preparation ofthe staff report;
and
(b) City expenses prior to and during the preparation of the staff report.
(c) Postage fees shall not be returned in any case."
Section 6: Section 2.020 is hereby amended to read as follows:
"ABUT. To share a common lot/parcel/property line or zoning district boundary that mayor may
not be separated by a street or alley.
ADJACENT. To share a common lot/parcel/property line or zoning district boundary that is
separated by a street or alley.
AGRICUL TURE. The cultivation oftree crops, plants, orchards, pasture, flower, berry and bush
crops or the keeping, raising or breeding oflivestock or poultry where permitted by the Springfield
Municipal Code 1997, and on any lot or parcel with a valid farm deferral tax classification from the
Oregon State Department of Revenue. Agricultural structures, as defined elsewhere in this Code,
also shall be defined as "Agriculture."
ANNEXATION AGREEMENT. A written agreement between the City and owners of land
requesting annexation that states theterms, conditions and obligations of the parties to mitigate
fiscal and service impacts to the City associated with the annexation and future development of
the property. The agreement may be used to ensure annexation consistent with the Metro Plan.
BUILDING BOARD OF APPEALS. A board appointed in accordance with Section 2.500 to
2.522 of the Springfield Municipal Code 1997, to hear requests for alternate building
methods/materials.
BUILDING ENVELOPE. That portion of a lot or parcel that has no development restrictions
where the placement of driveways and structures can be established. The building envelope shall
not include the area of any required setbacks, tree protection plans, conservation zones or other
protected areas in a tree protection plan as authorized by a limited land use decision.
CHANGE OF USE. A change from an existing permitted to another permitted use in the
applicable zoning district.
FUTURE DEVELOPMENT PLAN. A line drawing (required for some land division
proposals, or building permits in the City's urbanizable area) that include the following
information: the location of future right-of-way dedications based on TransPlan, the Local Street
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Plan or block length and lot size standards of the SDC; a re-division plan at minimum urban
density based on the existing Metro Plan designation of the property for any lot that is large
enough to further divide; and the location of hillsides, riparian areas drainage ways, jurisdictional
wetlands and wooded areas showing how future development will address preservation,
protection or removal.
HAZARDOUS MATERIALS. Those chemicals or substances which are physical or
health hazards as defined and classified in the most recently adopted or amended Fire
Code by the City, whether the materials are in usable or waste condition.
OFFICIAL ZONING MAPS. Maps delineating the boundaries of the various zoning districts
within the city limits and the City's urbanizable area that are adopted by ordinance and maintained
by the Planning and Development Department.
PLAN DISTRICT. A planning tool that addresses concerns unique to an area when other
zoning tools cannot achieve the desired results. An area may be unique based on natural,
economic or historic attributes; be subject to problems from rapid transition in land use; or
contain public facilities that require specific land use regulations for their efficient operation.
Plan Districts provide a means to modify zoning regulations for specific areas defined in special
plans or studies. Each Plan District has its own nontransferable set of regulations. This contrasts
with base zone and overlay zone provisions, which are intended to be applicable in more than
one area. However, Plan Districts are not intended for small areas or individual properties.
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SPRINGFIELD MUNICIPAL CODE. Springfield Municipal Code, 1997 and any amendment
thereto."
Section 7: The Article 3 Title page is hereby amended to read as follows:
"ARTICLE 3
DEVELOPMENT APPROVAL AND LAND USE DECISION PROCEDURES
3.010 DESCRIPTION OF PERMIT/DECISION-MAKING PROCEDURES
3.020 DEVELOPMENT APPROVAL - EXEMPTIONS
3.030 THE DEVELOPMENT REVIEW COMMITTEE
3.040 THE DEVELOPMENT ISSUES MEETING, THE PRE-APPLICATION
REPORT AND THE PRE-SUBMITTAL MEETING
3.050 APPLICATION SUBMITTAL
3.060 RESERVED FOR FUTURE USE
. 3.070 REVIEW - TYPE I PROCEDURE
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. 3.080 REVIEW - TYPE II PROCEDURE
3.090 REVIEW - TYPE III PROCEDURE
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3.100 REVIEW - TYPE IV PROCEDURE
3.110 EXPEDITED LAND DIVISION"
Section 8: Section 3.010 is hereby amended to read as follows:
"3.010 DESCRIPTION OF PERMIT/DECISION-MAKING PROCEDURES.
All applications required by this Code are decided by using Type I, II, III, and IV review
procedures. The procedure "type" assigned to each application governs the decision-making
process for that application. Sections 3.070 through 3.100 describe the four review procedure
types and list all of this Code's applications applicable to that procedure type. The Building
Official shall not issue a Building Permit for which Development Approval is required and has
not been obtained."
Section 9: Section 3.020, Subsections (1) and (7) are hereby amended to read as
follows:
"3.020 DEVELOPMENT APPROVAL - EXEMPTIONS.
The following developments and activities do not require Type I, II, III, or IV review procedures,
but shall conform to all other applicable provisions of this Code or any other applicable Code as
detennined by the Director.
(1) Normal maintenance, replacement or enhancement of existing landscaping consistent
with approved plans.
EXCEPTION. Development approval may be required for replacement or
enhancement oflandscaping as specified in Articles 25, 26, 31, 32, 34, 35 and 38 of this
Code.
(6) Excavatlon or filling of land in accordance with Springfield Municipal Code, 1997.
EXCEPTION:
Work in the FP Flood Plain and WG Willamette Greenway Overlay Districts or
when an identified GoalS resource is present.
(7) Single-family homes on lawfully created lots or parcels within the city limits and
duplexes on MDR and HDR property that do not require Site Plan Review.
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(8)
Single-family homes on lawfully created lots or parcels in the City's urbanizable area
zoned LDR that are less than 5 acres."
Section 10: Section 3.040, Subsections (1) and (3) are hereby amended to read as
follows:
"3.040 THE DEVELOPMENT ISSUES MEETING, THE PRE-APPLICATION REPORT
AND THE PRE-SUBMITTAL MEETING
Pre-Application Options. The City has established three pre-application processes to assist
prospective applicants through the application review process:
(1) The Development Issues Meeting. The purpose of the Development Issues
Meeting is to give a prospective applicant the opportunity to discuss a limited
number of development issues with City staff. The discussions can be general
or specific depending on the questions submitted with the application. The
Development Issues Meeting is voluntary, unless specifically required
elsewhere in this Code.
(3) The Pre-Submittal Meeting. The purpose of the Pre-Submittal Meeting is to provide an
opportunity for the property owner, applicant and the development team to meet with
City staff to determine that an application is complete for processing prior to formal
submittal to the City. A complete application will facilitate the review process. The
Pre-Submittal Meeting will examine key elements ofthe application, including but not
limited to: transportation, storm water management, sanitary sewer facilities, and
landscaping. The Pre-Submittal Meeting shall be mandatory for all Site Plan Review,
Subdivision and Partition applications. The Pre-Submittal Meeting shall be required
even if the meetings specified in Subsection (1) and (2) of this Section have been
utilized. Applications shall be reviewed by the Director within 30 days of receipt to
determine ifthey meet the requirements specified in Section 3.050 of this Article and
are complete."
Section 11: Section 3.050, Subsections (4) and (6) are hereby amended to read as
follows:
"3.050 APPLICATION SUBMITTAL.
(2) All applications required by this Code shall be submitted to the Development Services
Department.
(4)
When the Director determines that an application is incomplete, a written list of items
shall be provided to the applicant describing the omitted infonnation. For those.
incomplete applications that require a Pre-Submittal Meeting, the application shall be
deemed complete by the Director upon receipt of the revised submittal that provides the
missing information. For those incomplete applications that do not require a Pre-
Submittal Meeting, the completeness regulations specified in ORS 227.178 shall apply.
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(6)
A final decision on an application, including any local appeal, shall be granted within
120 calendar days of the Director's acceptance of a completed application as specified
in ORS 227.178, unless specified elsewhere in this Code. The 120 days may be
extended for a reasonable period of time at the request of the applicant."
Section 12: Section 3.070 is hereby amended to read as follows:
"3.070 TYPE I PROCEDURE (MINISTERIAL). Type I decisions shall be made by the
Director without public notice and without a public hearing. Type I procedure is used when there
are clear and objective approval criteria, and/or City standards that do not require the use of
discretion. Type I applications shall be reviewed as described below:
(1) Type I applications shall be submitted in accordance with the submittal requirements
of Section 3.050. The Director shall determine application completeness.
(2) The Director's decision shall address all of the applicable approval criteria and/or
development standards. The Director may approve, approve with conditions, or deny
the application.
(3) The Director's decision shall be the final decision ofthe City. The Director's decision
shall be effective on the day it is mailed or otherwise provided to the applicant.
TABLE 3-1
TYPE I APPLICATIONS
Application SDC Reference
Accessory Dwelling Unit Article 16
Determination ofNon-Confonning Use Status Article 5
Development Issues Meeting Article 3
Drinking Water Protection Overlay District Development Article 17
Final Site Plan Review/Development Agreement Article 31
Final Site Plan Equivalent Article 31
Floodplain Development Article 27
Historic Commission Review - Minor Alterations Article 30
Home Occupations Article 16
Manufactured Dwelling Park Space Line Adiustment Article 36
Manufactured Home - Temporary Residential Use Article 36
Minimum Development Standards Article 31
Partition/Replat Plat Articles 34 + 42
Pre-Application Report Article 3
Pre-Submittal Meeting Article 3
Property Line Adiustment - Single Article 33
Site Plan Modification - Minor Article 31
Subdivision/Replat Plat Articles 35 + 42
Time Extensions for conditioned improvements Article 31
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Wireless Telecommunications Systems Facilities
Article 32
Section 13: Section 3.080 is hereby amended to read as follows:
"3.080 TYPE II PROCEDURE (ADMINISTRATIVE). Type II decisions shall be made by
the Director after public notice, but without a public hearing, unless appealed. Type II
applications shall be reviewed as described below, unless the Director detennines that the
application should be reviewed as a Type III decision due to the complexity of the application or
the need for discretionary review:
(1) Type II applications shall be submitted in accordance with the submittal requirements
of Section 3.050 of this Code. The Director shall determine application completeness.
(2) The Director shall provide mailed notice to the property owners and occupants within
300 feet of the property being reviewed and to the applicable neighborhood
association. In addition, the applicant shall post one sign, approved by the Director,
on the subject property: For all Type II notices, an affidavit shall be completed by
staff stating that the required notice was provided to the appropriate individuals.
There shall be a 14 day period, beginning from the date of the notice, for persons to
provide written comments to the Director. The Type II notice shall:
(a)
State that issues which may provide the basis for an appeal shall be raised in
writing prior to the expiration of the comment period. Issues shall be raised
with sufficient information to enable the Approval Authority to respond to the
Issue;
(b) List the applicable approval criteria from this Code that apply to the decision;
(c) Provide the street address and/or Lane County Tax Assessor's Map and tax lot
number of the subject property;
(d) State the place, date and time that written comments are due;
(e) State that copies of all evidence relied upon by the applicant are available for
review, and that copies can be obtained at cost;
(f) Include the name and phone number of the assigned planner;
(g) Briefly summarize the local decision making process for the limited land use
decision being made;
(h) Include a map locating the subject property and/or a Site Plan;
(i) Identify the application by Department file number;
(j)
Identify the property owner and applicant; and
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Explain the nature of the application and the proposed use or uses that could be
authorized by the decision.
(3) The Director shall distribute the application to the Development Review Committee
or the Historical Commission for comments.
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(4) The Director's decision shall address all of the applicable approval criteria and/or
development standards and any written comments from those persons who received
notice. The Director may approve, approve with conditions, or deny the application.
(5) The Director's decision shall be the City's final decision and is effective the day it is
mailed to the applicant, property owner and those persons who submitted written
comments, unless appealed. The Director's decision shall include an explanation of
the rights of each party to appeal the decision.
(6) The Director's decision may be appealed within 15 calendar days to the Planning
Commission or Hearing's Official in accordance with Article 15, Appeals. Any action
taken to begin development prior to the expiration of the appeal period is solely at the
applicant's risk and expense. The City assumes no liability or expense if the
development is ultimately terminated based upon the outcome of the appeal.
TABLE 3-2
TYPE II APPLICATIONS
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Application
SDC Reference
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Expansion/Modification of a Non-Conforming Use
Expedited Land Division
Hillside Development Overlay District
Historic Commission Review - Maior Alteration
HS Hospital Support Overlay District
Interpretation
Manufactured Dwelling Medical Hardship
ManufactUred Dwelling Park
Minor Variance
Partition Tentative Plan
Partition Replat Tentative Plan
Property Line Adiustment - Serial
Site Plan Review
Site Plan Review Modification - Maior
Solar Access Guarantee
Subdivision Replat Tentative Plan
Subdivision Tentative Plan
Tree Felling Permit
Vacation of Public Easements
Wireless Telecommunications Systems Facilities
Article 5
Articles 34 + 35
Article 26
Article 30
Article 28
Article 4
Article 36
Article 36
Article 11
Article 34
Article 42
Article 33
Article 31
Article 31
Article 39
Article 42
Article 35
Article 38
Article 9
Article32
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Section 14: Section 3.090 is hereby amended to read as follows:
"3.090 TYPE III PROCEDURE (QUASI-JUDICIAL). Type III decisions shall be made by
the Planning Commission or Hearings Official after a public hearing. Type III decisions may be
complex in nature and generally use discretionary approval criteria. Type III applications shall be
reviewed as described below:
(1) Type III applications shall be submitted in accordance with the submittal
requirements of Section 3.050 of this Code. The Director shall determine application
completeness.
(2) The Director shall provide newspaper notice and mailed notice to the property owners
and occupants within 300 feet of the property being reviewed and to the appropriate
neighborhood association as specified in Section 14.030 of this Code. In addition, the
applicant shall post one sign, approved by the Director on the subject property. For all
Type III mailed notices, an affidavit shall be completed by staff stating that the
required notice was provided to the appropriate individuals. Any person may provide
written comments to the Director through the day of the public hearing or may testify
III person.
(3) The Director shall distribute the application to the Development Review Committee
or the Historical Commission for comments, where applicable.
(4)
The Planning Commission or Hearings Official may approve, approve with
conditions, or deny the application. The Planning Commission's or Hearings Official's
decision shall include findings that address all of the applicable approval criteria
and/or development standards and any written or oral testimony.
(5) The Planning Commission's or the Hearings Official's decision shall be the City's
final decision, unless appealed. The decision shall be effective the day notice is
mailed to the applicant, property owner and those persons who submitted written or
oral testimony. The notice of decision shall include an explanation of the rights of
each party to appeal the decision.
(6) The Planning Commission's decision may be appealed within 15 calendar days to the
City Council in accordance with Article 15, Appeals. The Hearings Official's
decision may be appealed within 21 calendar days to the Land Use Board of Appeals
in accordance with Article 15, Appeals. Any action taken to begin development prior
to the expiration of the appeal period is solely at the applicant's risk and expense. The
City assumes no liability or expense if the development is ultimately terminated based
upon the outcome of the appeal.
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TABLE 3-3
TYPE III APPLICATIONS
Application
SDC Reference
Appeal of a Type II Director's Decision
Appeal of an Expedited Land Division
Conceptual Development Plan
Conceptual Development Plan Amendment
Demolition of Historic Landmark
Discretionary Use
Establishment of Historic Landmark Inventory
Maior Variance
Master Plan Amendment - Type II
Master Plan Amendment - Type III
Master Plan Amendment - Approval
Willamette Greenway Overlay District Development
Wireless Telecommunications Systems Facilities
Zoning Map Amendment
Article 15
Article 34 & 35
Applicable Article
Applicable ArtiCle
Article 30
Article 10
Article 30
Article 11
Article 37
Article 37
Article 37
Article 25
Article32
Article 12
Section 15: Section 3.100 is hereby amended to read as follows:
"3.100 TYPE IV PROCEDURE (LEGISLATIVE). Type IV decisions shall be made by the
City Council after a public hearing, upon a recommendation by the Planning Commission, where
applicable. Type IV decisions apply to legislative matters involving the creation, revision, or
large-scale implementation of public policy (e.g., adoption of land use regulations which apply to
entire districts, Metro Plan amendments, etc.). Type IV applications shall be reviewed as
described below:
(1) Type IV applications shall be submitted in accordance with the submittal
requirements of Section 3.050 of this Code. The Director shall determine application
completeness.
(2) The Director shall provide newspaper notice and mailed notice to the property owners
and occupants within 300 feet of the property being reviewed and to the appropriate
neighborhood association, where applicable. In addition, the applicant shall post one
sign, approved by the Director on the subject property. For all Type IV mailed
notices, an affidavit shall be completed by staff stating that the required notice was
provided to the appropriate individuals. Where required, the Director shall also mail
notice to the Department of Land Conservation and Development in accordance with
OAR 660-18-0020. Any person may provide written comments to the Director
through the day of the public hearing or may testify in person.
(3)
The Director shall distribute the application to the Development Review Committee
or the Historical Commission for comments, where applicable.
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(4)
The Planning Commission's decision shall address all of the applicable approval
criteria and/or development standards and any written or oral testimony. The Planning
Commission shall make a recommendation to the City Council to approve, approve
with conditions, or deny the application.
(5) The City Council may approve, approve with conditions, or deny the application. The
City Council's decision shall include findings that address all of the applicable
approval criteria and/or development standards and any written or oral testimony.
(6) The City Council's decision shall be the City's final decision either on the date the
decision is made, or 30 days after the decision is made if there is no emergency clause
in the adopting ordinance. Notice of decision shall be mailed to the applicant,
property owner and those persons who submitted written or oral testimony. Where
required, the notice of decision shall also be mailed to the Department of Land
Conservation and Development in accordance with OAR 660-18-0040.
EXCEPTION: For annexations, the City Council decision is final only upon
concurrence of the Lane County Local Government Boundary Commission. For Metro
Plan amendments that require adoption by the City, Eugene and/or Lane County, the
City Council decision is final only upon concurrence of the Lane County
Commissioners and the City of Eugene, as appropriate.
(7)
The City Council's decision may be appealed within 21 calendar days to the Land Use
Board of Appeals in accordance with Article 15, Appeals. Any action taken to begin
development prior to the expiration of the appeal period is solely at the applicant's risk
and expense. The City assumes no liability or expense if the development is ultimately
tenninated based upon the outcome of the appeal.
TABLE 3-4
TYPE IV APPLICATIONS
Application
SDC Reference
Amendment of Development Code Text
Amendment of Refinement Plan Text or Diagram
Annexation, including extraterritorial extensions
Appeal of Type III Decision to City Council
Metro Plan Amendment Type I
Metro Plan Amendment Type II
Vacation of Plats, Public Right-of-Way, or Other Public Property
Article 8
Article 8
Article 6
Article 15
Article 7
Article 7
Article 9
Section 16: Section 3.110 is hereby amended by the addition of the following section:
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"3.110 EXPEDITED LAND DIVISION.
An application for and any appeal of an expedited land division is subject to the process
provisions in ORS 197.360 through ORS 197.380, however, the applicable standards of Articles
34 and 35 shall apply during application submittal and processing."
Section 17: The Article 4 Title page is hereby amended to read as follows:
"ARTICLE 4
INTERPRET A TION
4.010 PURPOSE
4.015 APPLICABILITY
4.020 REVIEW
4.030 INTERPRETATION OF NEW USES
4.040 INTERPRET A TION OF TERMS OR PHRASES
4.050 INTERPRETATIONS REVIEWED UNDER TYPE III PROCEDURE
4.060 EFFECT OF A DECISION"
Section 18: Section 4.010 is hereby amended to read as follows:
"4.01 0 PURPOSE.
The purpose of an Interpretation is to:
(1) Consider the applicability of new uses within each zoning district that are not
specifically identified in this Code;
(2) Clarify the meaning of tenns or phrases found in this Code; or
(3) Clarify planning policy contained in this Code, adopted refinement plans or the Metro
Plan, or other policy documents." .
Section 19: Section 4.015 is hereby amended by the addition ofthe following section:
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"4.015 APPLICABILITY.
The Director shall have the initial authority and responsibility to interpret the appropriateness of
new uses and the meaning of all terms and phrases in this Code. The City Council shall have the
authority to interpret planning policy contained in this Code, adopted refinement plans or the
Metro Plan, or other policy documents."
Section 20: Section 4.020 is hereby amended to read as follows:
"4.020 REVIEW.
A request for an Interpretation of this Code concerning new uses and terms and phrases shall be
reviewed under Type II procedure, unless the Director determines that the application should be
reviewed as a Type III decision by the Planning Commission or Hearings Official due to the
complexity of the application or the need for discretionary review. Planning policy issues that
include, but are not limited to this Code, adopted refinement plans or the Metro Plan shall be
reviewed under Type IV procedure."
Section 21: Section 4.030 is hereby amended to read as follows:
"4.030 INTERPRETATION OF NEW USES.
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Application Submittal. The request shall be submitted in accordance with Section
3.050 ofthis Code and shall include infonnation on the following characteristics of
the new use:
(1)
(a) A description of proposed structures and the operational characteristics of the
new use.
(b) Where commercial and industrial uses are involved, the following topics shall
be considered:
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6.
7.
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Emission of smoke, dust, fume's, vapors, odors, and gases;
Use, storage and/or disposal of flammable or explosive materials;
Glare;
Use of hazardous materials that may impact groundwater quality;
Noise;
The potential for ground vibration; and
The amount and type of traffic to be generated, parking required and
hours of operation.
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(b)
Where residential uses are involved, the following topics shall be considered:
1, Density; and
2. The amount and-type of traffic to be generated and parking required.
(2) Criteria of Approval. A new use may be considered to be a permitted use when, after
consultation with the City Attorney or other City staff, the Director detennines that
the new use:
(a) Has the characteristics of one or more use categories currently listed in the
applicable zoning district;
(b) Is similar to other permitted uses in operational characteristics, including but
not limited to, traffic generation, parking or density; and
(c) Is consistent with all land use policies in this Code which are applicable to the
particular zoning district."
Section 22: Section 4.040 is hereby amended by the addition of the following section:
"4.040 INTERPRETATION OF TERMS OR PHRASES.
(1)
Application Submittal. The request shall be submitted in accordance with Section
3.050 ofthis Code and include:
(a) The particular term or phrase requiring Interpretation; and
(b) The applicant's statement describing what the particular term or phrase
means.
(2) Criteria of Approval. The Director shall interpret a term or phrase, after consultation
with the City Attorney and City staff. The meaning of any term or phrase:
(a) Shall be consistent with the purpose and intent ofthis Code, including any
Article or Section to which the term or phrase is related;
(b) May be determined by legislative history, including staff reports and
public hearing tapes and minutes; and
(c) Shall be consistent with any dictionary of common usage, if criteria
(a) and/or (b) cannot be applied."
Section 23: Section 4.050 is hereby amended by the addition of the following section:
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"4.050 INTERPRET A TIONS REVIEWED UNDER TYPE III AND TYPE IV
PROCEDURE.
(1) Interpretations that the Director may elevate from a Type II to a Type III review shall
follow the approval criteria specified in either Section 4.030 or 4.040 of this Article
depending upon the nature of the interpretation requested. In addition, the Planning
Commission or Hearings Official shall consider the Metro Plan and any refinement
plans or other policy documents of the City, where applicable.
(2) The Planning Commission or Hearings Official, upon a finding in support of a
particular Interpretation, shall make a decision and may impose reasonable conditions
to ensure compliance with the approval criteria.
(3) Where there is an Interpretation of planning policy, the matter shall be forwarded to
the City Council:
(a) For consideration on the record;
(b) To consider appropriate revisions to this Code to resolve the question; or
(c) To revise or supplement a policy issue."
Section 24: Section 4.060 is hereby amended by the addition of the following section:
"4.060 EFFECT OF A DECISION.
An approved Interpretation shall be effective on the date of approval, unless appealed. An
approved Interpretation may be superseded by a subsequent Interpretation or a Code
amendment. "
Section 25: The Article 5 Title page is hereby amended to read as follows:
"ARTICLE 5
NON-CONFORMING USES
5.010 PURPOSE
5.015 APPLICABILITY
5.020 REVIEW
5.025 DETERMINATION OF NON-CONFORMING USE STATUS
5.030 CONTINUANCE
5.040 EXPANSION OR MODIFICATION
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5.050 ABANDONMENT
5.060 LOTS OF RECORD
5.070 VESTED RIGHTS - COMPLETION OF A NON-CONFORMING BUILDING OR
STRUCTURE.
5.080 BALLOT MEASURE 37 DEMANDS"
Section 26: Section 5.010 is hereby amended to read as follows:
"5.010 PURPOSE.
(1) This Article:
(a) Provides for the regulation oflegally created: non-conforming uses; buildings
and/or structures; and lots of record; and
, (b) Specifies those circumstances and conditions under which a non-conforming
situation may be permitted to continue and/or expand.
(2)
Approval of a Variance in accordance with Article 11 of this Code, by the Approval
Authority, shall not be considered to make a use, building or structure, or lot of record
non-conforming. "
Section 27: Section 5.015 i~ hereby amended by the addition of the following section:
"5.015 APPLICABILITY.
The procedures in this Article shall apply to all properties within the city limits and within the
City's urbanizable area."
Section 28: Section 5.020 is hereby amended to read as follows:
"5.020 REVIEW.
(1) A request for non-conforming use status shall be reviewed under Type I procedure.
(2) A request for an expansion or modification of a non-conforming use and/or the
expansion of a non-conforming building or structure shall be reviewed under Type II
procedure, unless the Director determines that the application should be reviewed as a
_ Type III decision by the Planning Commission or Hearings Official due to the
complexity of the application or the need for discretionary review.
(3)
A complete application together with all required materials shall be submitted to the
Director prior to the review ofthe request in accordance with Section 3.050,
Application Submittal." .
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Section 29: Section 5.025 is hereby amended by the addition of the following section:
"5.025 DETERMINATION OF NON-CONFORMING USE STATUS.
A non-conforming use is an activity involving land, buildings, and/or structures for purposes
which were legally established prior to the effective date ofthis Code, but which do not fully
comply with the current development regulations, or subsequent amendments to this Code.
These activities would not be permitted by this Code as a new use in the zone in which it is
currently located. The Director shall make a determination regarding the legal status of a non-
conforming use using the following approval criteria. The burden of proof shall be upon the
property owner.
(1). The applicant shall submit any of the following items as proof that the use was
permitted by this Code at the time it was adopted or amended:
(a). Copies of building and/or land use permits issued at the time the use was
established; and/or
(b) Copies of zoning code provisions and/or maps.
(2)
The applicant shall submit any of the following as proofthat the use has been in
operation over time and has not been abandoned as specified in Section 5.050 of this
Article:
(a) Utility bills;
(b) Income tax records;
(c) Business licenses;
(d) Listings in telephone, business directories;
(e) Advertisements in dated publications, e.g., trade magazines;
(f) Building, land use or development permits and/or
(g) Any other information which the applicant believes is relevant."
Section 30: Section 5.030 is hereby amended to read as follows:
"5.030 CONTINUANCE.
A non-conforming building, structure or use may continue so long as it remains otherwise
lawful as specified below:
- (1)
A non-conforming building or structure, which:
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(a)
Requires routine maintenance and repairs may be repaired in compliance with
the Building Safety Codes;
(b) Is determined to be substandard by the Building Official may be restored to a
safe condition in compliance with the Building Safety Codes; or
. (c) Suffers any damage may be restored to its original condition, provided
development approval is obtained, where applicable, and a Building Pennit is
issued within the time line specified in Section 5.050 of this Article.
(2) A non-conforming use within a building or structure discussed in Subsection (1) ofthis
Section may continue until abandoned as specified in Section 5.050 ofthis Article.
(3) Existing single-wide manufactured dwellings on individual lots in Glenwood and in the
Adams Plat area may be replaced with a single-wide manufactured dwelling of
approximately the same size within the time line specified in Section 5.050 ofthis
Article.
(4) Agriculture and agricultural uses and structures on land in Glenwood permitted under
Section 9.384 of the Eugene Code prior to the adoption ofthe Glenwood Refinement
Plan by the City, may continue until the land is annexed to the City at the request ofthe
property owner."
Section 31: Section 5.040 is hereby amended to read as follows:
"5.040 EXPANSION OR MODIFICATION.
An expansion or modification of a non-conforming use and/or the expansion of a non-confonning
building or structure resulting in an increased impact upon adjacent properties shall be considered
an expansion of a non-conforming use. Approval may be granted only when the Director
determines that there will be no significant impact ofthe expansion upon adjacent properties. The
Director may require conditions of approval to mitigate a significant impact. The applicant shall
demonstrate all of the following applicable approval criteria have been met:
(1) For residential zones, the expansion shall not lessen the residential character of the
residential zone taking into account factors, including but not limited to:
(a) Building scale, placement, and facade;
(b) On-site parking placement;
(c) Vehicle trips to the site and impact on surrounding on-street parking;
(d) Buffering and the potential loss of privacy to abutting residential uses;
and
(e)
On-site lighting.
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(2)
For all other zones other than residential, there shall be no significant impact
compared to the current use or building or structure on the surrounding area taking
into account factors, including but not limited to:
(a) The hours of operation;
(b) An increase in building size or height;
(c) On-site parking placement;
(d) Vehicle trips to the site and impact on surrounding on-street parking;
(e) Noise, vibration, dust, odor, fumes, glare, smoke and on-site lighting; and
(f) The amount, location, and nature of any outside displays, storage, or activities.
(3) EXCEPTIONS: The following situations shall not be considered to be an expansion
or modification of a non-conforming use:
(a)
An existing building or structure conforming to use, but non-conforming as to
height, setback and other dimensional standards, may be expanded or
modified provided the expansion or modification does not result in an
increased violation of this Code.
(b)
The replacement of a single-wide manufactured dwelling as may be pennitted
in Section 5.030(3) of this Article."
Section 32: Section 5.050 is hereby amended to read as follows:
"5.050 ABANDONMENT.
(1) Any non-conforming use which is discontinued for 6 months or more, or any
non-conforming building or structure which is not occupied or used for 6 months or
more, shall be deemed abandoned and lose its status as a non-conforming use, building
or structure on:
(a) The date the building or structure is vacated; and/or
(b) The date the use ceases.
(2) Any subsequent use or development shall be in compliance with the provisions of this
Code."
Section 33: Section 5.060 is hereby amended to read as follows:
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"5.060 LOTS OF RECORD.
A lot of record is any legally approved lot which, at the time it was created, fully complied with
all applicable laws and ordinances of the City, or Lane County for those lots within the City's
urbanizable area, but which is now non-confonning because the lot does not fully comply with
the current requirements of this Code or any amendment to this Code.
(1) Any lot of record that is non-conforming due to area, width and/or depth shall be a
buildable lot, provided that the development standards of this Code can be met. For
example, if a setback standard cannot be met due to lot area, a Variance to the setback
standards of the applicable zoning district as specified in Article 11 of this Code shall
be required prior to the issuance of a Building Permit.
(2) Any lot of record that is non-conforming due to a public facility deficiency, including
but not limited to, unimproved streets, lack of sidewalks, sanitary sewers or storm water
facilities may be further developed in accordance with this Code. However, the public
facility deficiency shall be addressed at the time of development.
(3) EXCEPTION: The dedication of right-of-way during the development review process
shall not be considered to create a non-conforming lot due to lot size or dimension."
Section 34: Section 5.070 is hereby deleted and replaced by the addition of the
following language:
"5.070 VESTED RIGHTS - COMPLETION OF A NON-CONFORMING BUILDING OR
STRUCTURE.
(1) A building or structure that has receiveq a valid Building Pennit prior to the adoption
of this Code or subsequent amendments to it may be completed in accordance with
the terms ofthat Building Permit and used for the purpose for which it was permitted.
The structure and its use shall then be considered non-conforming. The burden of
proof shall be on the applicant to demonstrate that the structure has received a valid
Building Permit.
(2) If a Building Permit is revoked by the Building Official or for any reason becomes
void, all rights granted by this Section are terminated and the project shall thereafter
be required to conform to all the provisions ofthis Code."
Section 35: Section 5.080 is hereby amended by the addition of the following section:
"5.080 BALLOT MEASURE 37 DEMANDS.
Notwithstanding the foregoing provisi6ns and regulations of this Article, any waivers to the
standards of this Code granted by the City Council in response to a Demand for compensation, as
may be permitted in accordance with the Springfield Municipal Code 1997, shall supersede the
provisions and regulations of this Article and shall-be transferable to a future purchaser of the
property to the extent required by ORS 197."
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Section 36: The Article 6 Title page is hereby amended to read as follows:
"ARTICLE 6
ANNEXATIONS
6.010 PURPOSE
6.015 APPLICABILITY
6.020 REVIEW
6.030 DEVELOPMENT ISSUES MEETING
6.040 ANNEXATION INITIATION AND APPLICATION SUBMIT AL
6.050 NOTICE
6.060 FISCAL IMP ACT AND ANNEXATION AGREEMENT
6.070 CRITERIA OF APPROVAL
6.080 SUBMITTAL OF THE COUNCIL'S RESOLUTION TO THE LCLGBC
6.090 ZONING
6.100 NOTIFICATION OF UTILITIES
6.110 WITHDRAWAL FROM SPECIAL SERVICE DISTRICTS"
Section 37: Section 6.010 is hereby amended to read as follows:
"6.010 PURPOSE.
The purpose of this Article is to:
(1) Clearly define the process for Annexation of territory to the City; and
(2) Provide a process for the withdrawal of territory from special service districts."
Section 38: Section 6.015 is hereby amended by the addition of the following section:
"6.015 APPLICABILITY.
This Article applies to any Annexation ofterritory to the City that is within the City's urbanizable
area. "
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Section 39: Section 6.020 is hereby amended ~o read as follows:
"6.020 REVIEW.
(1) Annexation applications shall be reviewed under Type IV procedure, without Planning
Commission consideration.
(2) The Annexation of all territory to the City requires final action by the Lane County
Local Government Boundary Commission (LCLGBC) in accordance with ORS
199.425."
Section 40: Section 6.030 is hereby amended to read as follows:
"6.030 DEVELOPMENT ISSUES MEETING.
The applicant shall schedule a Development Issues Meeting (DIM) prior to filing an
Annexation application, unless waived by the Director. The DIM will allow staffto inform
the applicant of the Annexation application submittal requirements specified in this Article."
Section 41: Section 6.040 is amended to read as follows:
"6.040 ANNEXATION INITIATION AND APPLICATION SUBMIT AL.
(1)
Annexation of territory to the City may be initiated either by a citizen or the City
Council.
(2) All Annexation applications shall be submitted to the Development Services
Department in accordance with Section 3.050 of this Code and shall include
information to address the approval criteria specified in Section 6.070 of this Article."
Section 42: Section 6.050 is hereby amended to read as follows:
"6.050 NOTICE.
Newspaper notice shall be required as specified in Section 14.030(2) ofthis Code."
Section 43: Section 6.060 is hereby amended to read as follows:
"6.060 FISCAL IMPACT AND ANNEXATION AGREEMENT.
(1) The Director shall utilize the information submitted by the applicant to determine the
fiscal impact of the proposed Annexation on the City and whether the applicant has
addressed the approval criteria in Section 6.070 of this Article.
(2)
Fiscal impacts may be resolved by using an Annexation Agreement. The Annexation
Agreement shall address, at a minimum, connection to and extension of public
facilities and services. Connection to public facilities and services shall be at the
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discretion of the City. Where public facilities and services are available and can be
extended, the applicant shall be required to do so."
Section 44: Section 6.070 is hereby amended to read as follows:
"6.070 CRITERIA OF APPROVAL.
The City Council shall approve, modify or deny any Annexation application based upon the
following approval criteria:
(1) The territory proposed to be annexed is within the City's urbanizable area;
(2) Key urban services and facilities can be provided to the area in an orderly and
efficient manner;
(3) There will be a logical area and time within which to delive!" urban services and
facilities; and
(4) Where applicable, fiscal impacts to the City have been mitigated through an
Annexation Agreement or other mechanism approved by the City Council."
Section 45: Section 6.080 is hereby amended by the addition of the following section:
"6.080 SUBMITTAL OF THE COUNCIL'S RESOLUTION TO THE LCLGBC.
The City Council shall adopt by resolution any Annexation recommendation. The Director shall
forward all City Annexation recommendations to the LCLGBC. "
Section 46: Section 6.090 is hereby amended by the addition of the following section:
"6.090 ZONING.
Currently, all Lane County land within the City's urbanizable area is zoned in compliance with
the zoning districts listed in this Code and is designated in compliance with the Metro Plan.
Land within the urbanizable area is distinguished from land within the city limits by the addition
of the Urban Fringe (UF -10) Overlay District established in Article 29 of this Code. Upon
approval of the Annexation by the LCLGBC:
(1) The UF-l 0 Overlay District designation shall cease to apply automatically; and
(2) / The current zoning shall apply, unless a zoning map amendment has been submitted
and approved by the City."
Section 47: Section 6.100 is hereby amended by the addition of the following section:
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"6.100 NOTIFICATION OF UTILITIES.
The City Recorder shall provide notice by certified mail to all public utility providers operating in
the City within 10 days of receipt of the LCLGBC action approving the Annexation. The notice
shall contain each site address as recorded on the Lane County assessment and tax rolls, a legal
description, a map ofthe boundary change and a copy ofthe LCLGBC action."
Section 48: Section 6.110 is hereby amended by the addition of the following section:
"6.110 WITHDRAWAL FROM SPECIAL SERVICE DISTRICTS.
Withdrawal from a special service district is not automatic when annexed territory remains
within that district. The Director shall instruct the City Council to consider withdrawal from a
special service district in accordance with ORS 222 upon receipt of the LCLGBC action
approving the Annexation, and after the effective date of the Annexation."
Section 49: The Article 9 Title page is hereby amended to read as follows:
"ARTICLE 9
VACATIONS
9.010 PURPOSE
. 9.020 APPLICABILITY
9.030 REVIEW
9.040 APPLICATION SUB MITT AL
9.050 NOTICE
9.060 CRITERIA OF APPROV AL
9.070 CONDITIONS OF APPROVAL"
Section 50: Section 9.010 is hereby amended to read as follows:
"9.010 PURPOSE.
As land develops, and as land uses change over time, certain public property and easements may
no longer be necessary or may need to be relocated. The reconfiguration of Subdivisions and
Partitions may also be desired. This Code, the Springfield Municipal Code Sections 3.200
through 3.206 and ORS 271.080 et seq. provide procedures, requirements, and approval criteria
for Vacations."
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Section 51: Section 9.020 is hereby amended to read as follows:
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"9.020 APPLICABILITY.
(1) The Vacation process shall apply to public rights-of-way, other public land, public
utility and other easements and recorded Subdivision and Partition Plats under the
jurisdiction of the City.
(2) The City's Vacation process shall not apply to:
(a) Lands over which Lane County or the State have jurisdiction such as public
rights-of-way or Subdivision and Partition Plats within the City's urbanizable
area; or
(b) Lane County streets and State highways within the city limits where
jurisdiction has not been transferred to the City."
Section 52: Section 9.030 is hereby amended to read as follows:
"9.030 REVIEW.
(1)
The Vflcation of all public easements shall be reviewed under Type II procedure.
EXCEPTION: Public utility easements within Partition and Subdivision Plats may
also be realigned, reduced in width or omitted as part of the Replat process as
specified in Article 42 of this Code.
(2)
The Vacation of any public rights-of-way, any other public land as specified in ORS
271.080 et seq., and the Vacation of Partition and Subdivision Plats in part or in their
entirety, including public rights-of-way and public utility easements located within
the Plat, shall be reviewed under Type IV procedure."
Section 53: Section 9.040 is hereby amended by the addition of the following section:
"9.040 APPLICATION SUBMITTAL.
(1) Vacation of public rights-of-way and public easements may be applied for by
property owners, public agencies, or initiated by the City Council.
(2) Vacation of Partition and Subdivision Plats may be applied for by property owners.
(3) A complete application together with all required materials shall be submitted to the
Director prior to the review of the request as specified in Section 3.050, Application
Submittal. The application shall include:
(a)
A legal description of the public rights-of-way, easement or plat to be vacated
prepared by an Oregon Licensed Land Surveyor or other professional approved
by the Director;
. (b) The reason for the Vacation;
(c) The proposed use of the property after Vacation;
(d) For citizen initiated Vacations of public rights-of-way or Partition and
Subdivision Plats, the petition of affected property owners;
(e) A map prepared by an Oregon Licensed Land Surveyor or other professional
approved by the Director of the area proposed to be vacated. The map shall
show:
1. The date, north arrow, and standard scale;
2. The Assessor's Map and Tax Lot numbers of the affected properties
and adjacent properties;
3. A Vicinity Map on the Site Plan (Vicinity Map does not need to be to
scale);
4. All adjacent streets including street name, alleys, and accessways, and
right-of-way and paving widths;
5. All dimensions of existing public utility easements and any other areas
. restricting use of the parcels, such as conservation areas, slope
easements, access easements, etc.;
6. Existing dimensions and square footage of the lots/parcels involved;
7. Proposed dimensions and square footage of the lots/parcels involved
(applies to Vacations of undeveloped Subdivision Plats and right-of-
way Vacations);
8. For public easement and right-of-way Vacations, clearly show
dimensions of entire easement or right-of-way on_or adjacent to the
subject lots/parcels. Also clearly show dimensions ofthat portion
proposed for Vacation, including square footage; and
9. For right-of-way Vacations, demonstrate compliance with the boundary
requirements ofORS 271.080 et seq.
10. The legal description of the easement, right-of-way or Plat, or portion
thereof, proposed to be vacated.
(4) Where public easements are proposed to be vacated, a notarized letter of
concurrence with the Vacation from all utility providers other than the City
. (telephone, cable TV, electric, water and gas), shall be submitted with the
application."
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Section 54: Section 9.050 is hereby amended by the addition of the following section:
"9.050 NOTICE.
(1) Notice for Vacations reviewed under Type II procedure shall be as specified in
Section 3.080(2) of this Code.
(2) Notice for Vacations reviewed under Type IV procedure shall be as specified in
Section 14.030(2) of this Code.
EXCEPTIONS:
(a) Newspaper notice shall be published once each week for two consecutive
weeks prior to the public hearing. The first day of publication and the posting
shall be not less than 14 days before the hearing.
(b) The applicant shall post two signs, approved by the Director on the subject
property, or if right-of-way is proposed to be vacated, the notice shall be
attached to a telephone or other similar utility pole within the Vacation area.
(3) Notice for all Vacations shall be mailed to all utility providers providing service
within the city limits and the City's urbanizable area."
Section 55: Section 9.060 is hereby amended by the addition of the following section:
"9.060 CRITERIA OF APPROVAL.
(1) For the Vacation of public utility easements, the Director shall approve, approve with
conditions, or deny the application. The application shall be approved if the Vacation
is found to be consistent with the following criteria:
(a) There are no present or future services, facilities, or utilities deemed to be
necessary by a utility provider and the easement is not necessary; or
(b) If the utility provider deems the easement to be necessary, public services,
facilities, or utilities can be extended in an orderly and efficient manner in an
alternate location.
(2) Where the proposed Vacation of public rights-of-way, other City property, or
Partition or Subdivision Plats is reviewed under Type IV procedure, the City Council
shall approve, approve with conditions, or deny the Vacation application. The
application shall be approved if the Vacation is found to be consistent with the
following approval criteria.
(a). The Vacation shall be in confonnance with the Metro Plan, TransPlan, the
Conceptual Local Street Map and adopted Functional Plans, and applicable
Refinement Plan diagram, Plan District map, or Conceptual Development Plan;
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(b)
The Vacation shall not conflict with the provisions of Springfield Municipal
Code 1997; and this Code, including but not limited to, street connectivity
standards and block lengths; and
(c) There shall be no negative effects on access, traffic circulation, emergency
service protection or any other benefit derived from the public right-of-way
publicly'owned land or Partition or Subdivision Plat."
Section 56: Section 9.070 is hereby amended by the addition of the following section:
"9.070 CONDITIONS OF APPROVAL.
If the Director or the City Council approves a Vacation, the following conditions may be
attached:
(1) For a Vacation involving public right-of-way, where applicable, an easement for a
public facility, publicly owned utility or other utility shall be retained.
(2) A public facility, publicly owned utility or other utility shall be constructed, relocated
or removed at the applicant's expense or through cost sharing with the City as may be
available. A new public easement shall then be required.
(3)
A Vacated Partition or Subdivision Plat shall be replatted, where necessary.
(4)
A public right-of-way shall be relocated and rebuilt at the applicant's expense or
through cost sharing with the City, as may be available.
(5) Where the Vacation of a City right-of-way results in an assessment of special benefit
to the remaining property, the property owner shall provide compensation to the City
in accordance with Section 3.204 ofthe Springfield Municipal Code 1997.
(6) The City Council may attach any conditions as may be reasonably necessary in order
to allow the Vacation to be granted."
Section 57: The Article 10 Title page is hereby amended to read as follows:
"ARTICLE 10
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DISCRETIONARY USES
10.010 PURPOSE
10.013 APPLICABILITY
10.015 SITING OF SCHOOLS
10.020 REVIEW
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10.030 CRITE~A OF APPROVAL
10.035 CRITERIA FOR MULTI-UNIT DEVELOPMENTS
10.040 CONDITIONS OF APPROVAL"
Section 58: S~ction 10.010 is hereby amended to read as follows:
"10.010 PURPOSE.
There are certain uses which, due to the nature of their impacts on nearby uses and
public facilities, require a case-by-case review and analysis at the Planning Commission or
Hearings Official level. These impacts, include but are not limited to, the size of the area
required for the full development of a proposed use, the nature of the traffic problems
incidental to operation of the uses, and the effect such uses have on any nearby uses. To
mitigate these and other possible impacts, conditions may be applied to address potential
adverse effects associated with the proposed use. This Article provides standards and
procedures under which a Discretionary Use may be permitted, expanded or altered."
Section 59: Section 10.013 is hereby amended by the addition ofthe following section:
"10.013 APPLICABILITY.
. This Article shall apply to all Discretionary Uses identified in the various zoning and overlay
districts in this Code, both within the city limits and Springfield's urban services area."
Section 60: Section 1 0.015 is hereby amended by the addition of the following section:
"10.015 SITING OF SCHOOLS.
Schools are identified in the Metro Plan as key urban services, which shall be provided in an
efficient and logical manner to keep pace with demand. Schools may be located in any zone that
pennitsschools. The siting of public and private elementary, middle and high schools shall
require Discretionary Use approval, unless exempted elsewhere in this Code."
Section 61: Section 10.020, is hereby amended to read as follows:
"10.020 REVIEW.
(1) New Discretionary Uses shall be reviewed under Type III procedure.
(2) Expansions and alterations shall be reviewed under:
(a)
Type I or Type II Site Plan Modification procedures as specified in Section
31.100, if the Director detennines that there will be no adverse impact on
adjoining land uses; or
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.
(b)
Type III Discretionary review, if the Director determines that there may be an
adverse impact on adjoining land uses.
(3) A complete application together with all required materials shall be submitted to the
Director prior to the review ofthe request as specified in Section 3.050, Application
Submittal."
Section 62: Section 10.030 is hereby amended to read as follows:
"10.030 CRITERIA OF APPROVAL.
A Discretionary Use may be approved only ifthe Planning Commission or Hearings Official finds
that the proposal conforms with the Site Plan Review approval criteria specified in Section 31.060
of this Code, where applicable, and the following approval criteria:
(1) The proposed use confonns with applicable:
(a) Provisions of the Metro Plan;
(b) Refinement plans;
(c) Plan District standards;
(d)
Conceptual Development Plans or
(e) Special use standards in this Code;
(2) The site is suitable for the proposed use, considering:
(a) The location, size, design and operating characteristics of the use (operating
characteristics include but are not limited to parking, traffic, noise,
vibration, emissions, light, glare, odor, dust, visibility, safety, and aesthetic
considerations, where applicable);
(b). Adequate and safe circulation exists for vehicular access to and from the proposed
site, and on-site circulation and emergency response as well as pedestrian, bicycle
and transit circulation;
(c) The natural and physical features of the site, including but not limited to,
riparian areas, regulated wetlands, natural stormwater management/drainage
areas and wooded areas shall be adequately considered in the project design;
and
(d)
Adequate public facilities and services are available, including but not limited
to, utilities, streets, storm drainage facilities, sanitary sewer and other public
infrastructure.
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(3)
Any adverse effects of the proposed use on adjacent properties and on the public
can be mitigated through the:
(a) Application of other Code standards, for example buffering from less
intensive uses, increased setbacks, etc.;
(b) Site Plan Review conditions of approval, where applicable;
(c) Other conditions of approval that may be required by the Approval
Authority; and/or
(d) A proposal by the applicant that meets or exceeds the cited Code standards
and/ or conditions of approval.
EXCEPTION:
Wireless telecommunications systems facilities requiring Discretionary Use approval shall be
exempt from Subsections (1)-(3) above, but shall comply with the approval criteria specified in
Section 32.130 of this Code."
Section 63: Section 10.040 is hereby amended to read as follows:
"10.040 CONDITIONS OF APPROVAL.
The Approval Authority may. attach any conditions as may be reasonably necessary in order to
allow the Discretionary Use approval to be granted." .
Section 64: The Article 11 Title page is hereby amended to read as follows:
"ARTICLE 11
VARIANCES
11.010 PURPOSE
11.013 APPLICABILITY
11.015 PROHIBITED VARIANCES
11.020 REVIEW
11.030 MINOR VARIANCES - CRITERIA OF APPROVAL
11.033 MAJOR VARIANCES - CRITERIA OF APPROVAL
11.035 CRITERIA FOR MULTI-UNIT DESIGN STANDARDS
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11.040 CONDITIONS OF APPROVAL"
Section 65: Section 11.010 is hereby amended to read as follows:
"11.010 PURPOSE.
It is the intent of this Article that a Variance may be granted when the strict application of certain
provisions of this Code create a unique circumstance caused by unusual conditions related to a
specific property, building or structure. An authorized Variance is not personal to the applicant,
but runs with the land and/or use, as applicable. The granting of a Variance does not create a
non-conforming use, lot or parcel."
Section 66: Section 11.013 is hereby amended by the addition of the following section:
"11.013 APPLICABILITY.
The Variance provisions apply:
(1) To buildings, structures and lots/parcels;
(2) Within in the city limits and the City's urbanizable area."
Section 67: Section 11.015 is hereby amended by the addition of the following section:
"11.015 PROHIBITED VARIANCES.
No Variance shall be granted that:
(1) Authorizes a use that is not permitted in the applicable zoning, overlay or Plan
District;
(2) Conflicts with adopted Fire and Life Safety Codes or Building Safety Codes; and/or
(3) Varies from state or federally mandated regulations, unless otherwise specified in this
Code.
EXCEPTION: Floodplain Variances are processed as specified in Article 27 of this
Code."
Section 68: Section 11.020 is hereby amended to read as follows:
"11.020 REVIEW.
(1) A Minor Variance shall be reviewed under Type II procedure.
(2)
A Major Variance shall be reviewed under Type III procedure.
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(3)
A complete application together with all required materials shall be submitted to the
Director prior to the review of the request as specified in Section 3.050, Application
Submittal."
Section 69: Section 11.030 is hereby amended to read as follows:
"11.030 MINOR VARIANCES - CRITERIA OF APPROVAL.
(1) Minor Variances are limited to certain specific numeric standards in this Code. The
Director may adjust the following numeric standards by up to 30 percent as a Minor
Variance:
(a) . Building setbacks;
(b) Lot/parcel dimensions that do not reduce the required lot/parcel size below the
minimum required in the applicable zoning district;
(c) Building height;
(d) Lot/parcel coverage outside of the HD Overlay District as described in Section
26.030 of this Code; and
(e) Parking standards on certain infilllots.
(2)
If the Minor Variance involves a setback, the plot plan shall be prepared by an
Oregon registered surveyor.
(3) The Director may consider additional categories of Minor Variance, on a case by case
basis, without the need for an Interpretation, as specified in Article 4 of this Code.
(4) The Director shall approve the Minor Variance if the applicant demonstrates
compliance with all of the applicable approval criteria:
(a) Locational or dimensional problems have been identified that can be resolved
by a Minor Variance;
(b) The request is the minimum necessary to alleviate the identified dimensional or
locational problem;
(c) Where applicable, the request shall result in the preservation of on-site trees
5" dba and above;
(d) The request shall not impede adequate emergency access to the site;
(e)
The request shall not unreasonably adversely impact public or private
easements; and
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(f)
The request shall not unreasonably limit solar access standards for abutting
properties. In order to meet this criterion, the Director may require that the
building or structure be placed as close to the south property line as possible.
(g) In addition to the applicable approval criteria specified in Subsections (a)-(t)
above, the following approval criteria shall also apply to a request involving
parking reductions on infilllots in the Commercial and Industrial Districts.
when there is a change of use, addition or expansion that requires Site Plan
Review Modification. The Minor Variance for parking reductions shall not
apply to MDS applications as specified in Section 31.01O(4)(d) of this Code:
1. The individual characteristics of the proposed use require more
parking than is generally required for a use of this type;
- 2. The Minor Variance for a parking reduction shall run with the use or
uses to which it pertains and not run with the land itself;
3. The need for additional parking cannot reasonably be met through
provision of on-street parking or shared parking with adjacent or
nearby uses because:
a.
The owners of abutting properties cannot agree to execute a
joint access/parking agreement, and/or
b. The Public Works Director has determined the proposed
shared parking area is a safety hazard because it is located too
far from the proposed use;
4. The request shall not result in the parking or loading of vehicles on
public streets in such a manner as to interfere with the free flow of
traffic on the streets.
5. The property otherwise complies with the regulations of this Code. "
Section 70: Section 11.033 is hereby amended by the addition of the following section:
"11.033 CRITERIA OF APPROVAL FOR MAJOR VARIANCES.
Major Variances involve discretionary decision-making and apply to those Variances that are not
Minor Variances as specified in Section 11.030 ofthis Article. The Approval Authority may
approve or approve with conditions a Major Variance on finding that all of the following
approval criteria are satisfied, otherwise the request shall be denied:
(1)
An unusual condition exists that is unique to: a lot, building or structure; lot size,
shape or topography; the location or size of physical improvements; or other similar
.
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circumstances not anticipated by this Code related to the property that would
deprive the owner of rights commonly enjoyed by other property owners similarly
situated in the same zoning district;
(2)
The Variance shall not be inconsistent with the development standards ofthis Code or
of any applicable Refinement Plan diagram, Plan District map, Conceptual
Development Plan or other applicable plans or studies;
(3)
The Variance shall have no significant adverse affects on other properties in the same
zoning district and/or vicinity, or the request can be conditioned so that there are no
significant adverse affects;
(4)
The unusual condition described in Subsection (1) ofthis Section shall not; arise from
a previous Code violation or rely only on loss of profit or financial need.
(5)
The Variance requested is the minimum necessary to alleviate the unusual
condition. "
Section 71: Section 11.040 is hereby amended to read as follows:
"11.040 CONDITIONS OF APPROVAL.
The Approval Authority may attach conditions as may be reasonably necessary in order to allow
the Minor or Major Variance to be granted."
Section 72: The Article 12 Title page is hereby amended to read as follows:
"ARTICLE 12
OFFICIAL ZONING MAP AMENDMENTS
12.010 PURPOSE
12.015 APPLICABILITY
12.020 REVIEW
12.030 CRITERIA
12.040 CONDITIONS OF APPROVAL
12.050 MOBILE HOME PARKS"
Section 73: The Article title and Section 12.010 is hereby amended to read as follows:
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.
"ARTICLE 12
OFFICIAL ZONING MAP AMENDMENTS
12.010 PURPOSE.
The purpose of this Article is to provide standards and procedures for legislative and quasi- -
judicial amendments to the Official Zoning Maps."
Section 74: Section 12.015 is hereby amended by the addition of the following section:
"12.015 APPLICABILITY.
The provisions of this Article apply to all lots and parcels within the city limits and the City's
urbanizable area."
Section 75: Section 12.020 is hereby amended to read as follows:
"12.020 REVIEW.
(1) Official Zoning Map amendments may be initiated by the Director, the Planning
Commission, the Hearings Official, the City Councilor a property owner. Zoning Map
amendments shall be reviewed as follows:
(a)
Legislative Zoning Map amendments involve broad public policy decisions
that apply to other than an individual property owner, generally affecting a
large area and! or require a concurrent Metro Plan diagram amendment as
specified in Article 7 of this Code. Legislative Zoning Map amendments
shall be reviewed using Type IV procedure.
1. Metro Plan diagram amendment determination. An amendment to the
Metro Plan diagram shall be required if the proposed Zoning Map
amendment is not consistent with the Metro Plan diagram. Both
amendments may be processed concurrently.
2. Transportation Planning Rule Compliance. Where applicable,
legislative Zoning Map amendments shall be reviewed to determine
whether the application significantly affects a transportation facility,
in accordance with Oregon Administrative Rule (OAR) 660-012-
0060. In this case a Traffic Impact Study shall be submitted in
,:!ccordance with Section 32.020(1)(c) of this Code.
(b)
Quasi-judicial Zoning Map amendments involve the application of existing
policy to a specific factual setting, generally affecting a single or limited
group of properties and mayor may not include a Metro Plan diagram
amendment. Quasi-judicial Zoning Map amendments shall be reviewed
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using Type III procedure, unless a Metro Plan diagram amendment is
required. In this case, the Quasi-judicial Zoning Map amendment shall be
raised to a Type IV review.
(2)
A complete application together with all required materials shall be submitted to the
Director prior to the review ofthe request as specified in Section 3.050, Application
Submittal."
Section 76: Section 12.030 is hereby amended to read as follows:
"12.030 CRITERIA.
(1) Quasi-judicial Zoning Map amendments. The Planning Commission or Hearings
Official. may approve, approve with conditions or deny a quasi-judicial Zoning Map
amendment based upon approval criteria (3)(a)-(c), below. The Planning
Commission or Hearings Official shall make the final local decision on all quasi-
judicial Zoning map amendments that do not include a Metro Plan diagram
amendment.
(2)
Legislative Zoning Map amendments and quasi-judicial Zoning Map amendments
raised to a Type IV review. The Planning Commission or Hearings Official may
make a recommendation to the City Council to approve, approve with conditions or
deny Zoning Map amendment and Metro Plan diagram amendment based upon
approval criteria (3)(a)-(d), below. The City Council shall make the final local
decision on all Zoning Map amendments involving a Metro Plan diagram
amendment.
(3) Zoning Map amendment criteria of approval:
(a) Consistency with applicable Metro Plan policies and the Metro Plan diagram;
(b) . Consistency with applicable Refinement Plans, Plan District maps, Conceptual
Development Plans and functional plans; and
(c) The property is presently provided with adequate public facilities, services
and transportation networks to support the use, or these facilities, services
and transportation networks are planned to be provided concurrently with the
development of the property.
(d) Legislative Zoning Map amendments that involve a Metro Plan Diagram
amendment shall:
1. Meet the approval criteria specified in Article 7 of this Code; and
2.
Comply with Oregon Administrative Rule (OAR) 660-012-0060,
where applicable."
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Section 77: Section 12.040 is hereby amended to read as follows:
"12.040 CONDITIONS OF APPROVAL.
The Approval Authority may attach conditions as may be reasonably necessary in order to allow
the Zoning Map amendment to be granted."
Section 78: Section 12.050 is hereby amended to read as follows:
"12.050 MOBILE HOME PARKS.
If a Zoning Map amendment involves property containing an existing mobile home park, the
Director shall provide written notice to each unit in the mobile home park as specified in Section
14.030 of this Code and in accordance with ORS 90.630(5)."
Section 79: The Article 14 Title Page is hereby amended to read as follows:
"ARTICLE 14
PUBLIC HEARINGS
14.010 PURPOSE
14.020 APPLICABILITY
14.030 NOTICE.
14.040 RESERVED FOR FUTURE USE
14.050 NATURE AND CONDUCT - GENERAL
14.060 CONFLICTS, DISCLOSURE AND CHALLENGE FOR BIAS
14.070 DUTIES OF THE PRESIDING OFFICER
14.080 ORDER OF PROCEDURE
14.090 BURDEN OF PROOF
14.100 RECORD OF PROCEEDINGS, EVIDENCE AND SUMMARY OF
TESTIMONY
14.110 AMENDMENT AND SUSPENSION
14.120 FINALITY OF DECISION"
Section 80: Section 14.010 is amended to read as follows:
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"
"14.010 PURPOSE.
This Article provides a public hearing process that makes available a venue for citizen
involvement before the Planning Commission, Hearings Official and the City Council."
Section 81: Section 14.020, Subsections (1) and (7) are hereby amended to read as
follows:
"14.020 APPLICABILITY.
(1) The Planning Commission shall hear:
(a) Type II review procedure administrative appeals within the city limits;
(b) Type III review procedure quasi-judicial applications within the city limits;
(c) Type IV review procedure legislative applications that require a
recommendation to the City Council; and
(d) Appeals as may be assigned by the City Council.
(2) The Hearings Official shall hear:
(a)
Type II review procedure administrative appeals within the City's urbanizable
area and appeals of all expedited land division actions as defined in ORS
197.360;
(b) Type III review procedure quasi-judicial applications within the City's
urbanizable area; and
(c) Appeals as may be assigned by the City Council.
(3) The City Council shall hear:
(a) Type III review procedure quasi-judicial appeals within the city limits; and
(b) Type IV review procedure legislative applications final decisions."
Section 82: Section 14.030, Subsections (1) and (3) are hereby amended to read as
follows:
"14.030 NOTICE.
(1)
Mailed Notice. Where required, notice of the public hearings shall be given by mail
sent at least 20 days before the date of the hearing. If two public hearings are required,
notice may be sent 10 days before the first public hearing. The mailed notice shall be
sent to the applicant and the owners of record of the subject property, all property
.
owners and occupants within 300 feet of the subject property and to the appropriate
neighborhood association. In addition, the applicant shall post one sign, approved by
the Director on the subject property. Information pertaining to property ownership
shall be obtained from the most recent property tax assessment role. The mailed notice
shall contain the following:."
Section 83: The Article 15 Title page is hereby amended to read as follows:
"ARTICLE 15 APPEALS
APPEALS
15.003 PURPOSE
15.005 APPLICABILITY
15.010 REVIEW
15.020 APPEALS OF THE DIRECTOR'S OR HEARINGS OFFICIAL'S DECISION
15.030 APPEALS OF THE PLANNING COMMISSION'S DECISION
15.040 APPEALS OF THE HEARINGS OFFICIAL'S AND CITY COUNCIL'S FINAL
. ACTION"
.
Section 84: Section 15.003 is hereby amended by the addition of the following section:
"15.003 PURPOSE.
This Article provides procedures and approval criteria for the review of appeals of the Director's,
Hearings Official's, Planning Commission's or City Council's decision on land use and
development matters."
Section 85: Section 15.005 is hereby amended by the addition of the following section:
"15.005 APPLICABILITY.
The procedures in this Article apply to all properties within the city limits and within the City's
urbanizable area."
Section 86: Section 15.010 is hereby amended to read as follows:
"15.010 REVIEW.
Appeals of decisions under this Code shall be reviewed as follows.
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(1)
Type III procedure. The Director's decision, which is a Type II procedure, may be
appealed to the Planning Commission or Hearings Official by a party as specified in
Section 15.020 ofthis Article.
(a) The Planning Commission shall hear appeals of the Director's decision within
the city limits.
(b) The Hearings Official shall hear:
1. Appeals of the Director's decision outside ofthe city limits but inside
the City's urbanizable area;
2. Appeals of expedited land division actions as specified in ORS
197.375; and
3. Appeals of a Drinking Water Protection application in accordance with
Sections 17.050(7), 17.060 and 17.070(l)(a) of this Code.
(2) Type IV procedure. The Planning Commission's quasi-judicial decision, which is a
Type III procedure, may be appealed to the City Council by a party as specified in
Section 15.030 of this Article.
(3)
If more than one party files an appeal on a decision, the Director may consolidate the
appeals which then may be heard as one proceeding.
(4) A complete application together with all required materials shall be submitted to the
Director prior to the review of the request as specified in Section 3.050 Application
S ubmi ttal. "
Section 87: Section 15.020, Subsections (1) and (7) are hereby amended to read as
follows:
"15.020 APPEALS OF THE DIRECTOR'S OR HEARINGS OFFICIAL'S DECISION.
(1) Standing to Appeal. Only the property owner, applicant, if different and those persons
who submitted written comments within the specific comment period for limited land
use decisions, or those persons entitled to notice for non-limited land use decisions
shall have standing to appeal the Director's or Hearings Official's decision.
(2) Filing an Appeal. An appeal application shall be filed with the Director within 15
calendar days ofthe Director's or Hearings Official's decision.
(3)
Notice. The Director shall provide notice ofthe public hearing to the property owner,
applicant, if different, the appellant and all persons previously noticed as part of the
process leading to the Director's or Hearings Official's decision. The notice of the
appeal hearing shall be in accordance with Section 14.030 ofthis Code.
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(4)
Review. The review shall be de novo and the public hearing shall be conducted as
specified in Section 14.080 of this Code.
(5) Decision. The Planning Commission or Hearings Official shall consider the
Director's report and all other evidence presented, including oral and written
testimony in making their decision. The Planning Commission or Hearings Official
may affinn, modify or reverse the decision of the Director and shall adopt findings in
support oftheir decision. The Planning Commission or Hearing's Official may attach
conditions as may be reasonably necessary in order to allow the appeal to be granted.
The Planning Commission's or Hearings Official's decision shall be final.
EXCEPTION: A Type III appeal decision may be reviewed as an appeal by the City
Council on their own motion."
Section 88: Section 15.030 is hereby amended to read as follows:
"15.030 APPEALS OF THE PLANNING COMMISSION'S DECISION.
(1) Standing to Appeal. Only those persons who participated either orally or in writing
have standing to appeal the decision of the Planning Commission. Grounds for appeal
are limited to those issues raised either orally or in writing before the close of the
public record. -
(2)
Filing an Appeal. An appeal application shall be filed with the Director within 15
calendar days of the Planning Commission's decision.
(3) Notice. The Director shall provide notice of the public hearing to all parties who
participated either orally or in writing before the close of the public record leading to
the Planning Commission's decision. The notice of the appeal hearing shall include
the infonnation specified in Section 14.030 of this Code.
(4) Review. The review shall be as determined by the City Council. The parties may be
permitted to present their oral or written arguments as to all matters within that
record. The public hearing shall be conducted as specified in Section 14.080 of this
Code.
(5) Decision. The City Council shall consider the Director's report and all other evidence
presented, including oral and written testimony in making their decision. The City
Council may affinn, modify or reverse the decision of the Director and shall adopt
findings in support of their decision. The City Council may attach conditions as may
be reasonably necessary in order to allo,w the appeal to be granted. The City
Council's decision shall be final."
Section 89: Section 15.040 is hereby amended by the addition of the following section:
"15.040 APPEALS OF THE HEARINGS OFFICIAL'S AND CITY COUNCIL'S FINAL
ACTION.
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A decision of the Hearings Official or the City Council shall be appealed to the Oregon Land
Use Board of Appeals in accordance with ORS Chapter 197.
EXCEPTION: A decision ofthe HearingsOfficial on an Expedited Land Division shall be
appealed to the Oregon Court of Appeals in accordance with ORS Chapter 197."
Section 90: Section 16.010, Subsections (2) and (3) are hereby amended to read as
follows:
"16.010 ESTABLISHMENTOF RESIDENTIAL ZONING DISTRICTS.
In order to fully implement the policies of the Metro Plan, regulate the use of land, structures
and buildings, and protect the public health, safety and welfare, the following zoning districts
are established in this Article:
(2)
MDR MEDIUM DENSITY RESIDENTIAL DISTRICT. The MDR District is
intended to fully implement the Metro Plan Medium Density Residential
designation, any applicable refinement plan and establishes sites for medium density
residential development where the minimum level of urban services are provided.
Single family or multiple family dwellings are permitted with a minimum density
of more than 10 units per developable acre and a maximum density of 20 units per
developable acre, consistent with the provisions of this Code. Fractions will be
rounded down to the next whole number. Land divisions shall not be used to
diminish the minimum density standard.
(3) HDR HIGH DENSITY RESIDENTIAL DISTRICT. The HDR District is
intended to fully implement the Metro Plan High Density Residential designation,
any applicable refinement plan and establishes sites for high-density residential
development where the minimum level of urban services are provided. Single
family or multiple family dwellings are permitted with a minimum density of more
than 20 units per developable acre and a maximum density of 30 units per
developable acre, consistent with the provisions of this Code. Fractions will be
rounded down to the next whole number. Land divisions shall not be used to
diminish the minimum density standard."
Section 91: Section 16.020, Subsections (5)(b) is hereby amended to read as follows:
"16.020 SCHEDULE OF USE CATEGORIES
USE CA TEGORIES/
USES
DISTRICTS
LDR MDR HDR
/
(5) Dwellings
(b)
Cluster Development (Section 16.100(3))
S
S"
S
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Section 92: Section 16.030 is hereby amended to read as follows:
"16.030 LOT SIZE STANDARDS
Minimum lot/parcel sizes in the residential districts shall be as follows:
(1) Lots/parcels on east-west streets shall be:
4,500 square feet in area with 45 feet of street frontage.
(2) Lots/parcels on north-south streets shall be:
5,000 square feet in area with 60 feet of street frontage.
(3) Lots/parcels on the bulb portion of a cul-de-sac shall be:
6,000 square feet in area with 35 feet of street frontage.
(4) Lots/parcels (duplexes) on corners in all residential districts shall be:
6,000 square feet in area with street frontage as specified in Subsections (1) and (2) of
this Section. This standard prohibits the division of the lot/parcel to create separate
ownership for each dwelling unit.
EXCEPTION:
10,000 square feet in area in the LDR District as specified in Section 16.100(5) of this
Article with street frontage as specified in Subsections (1) and (2) of this Section.
This standard is required to allow for the future the division of the lot/parcel to create
separate ownership for each dwelling unit.
(5)
Lots/parcels within the boundary of the HD Hillside Development Overlay District
shall be determined as specified in Section 26.050 of this Code:
(a) 10,000 square feet (less than 15 percent slope) with 60 feet of street frontage.
(b) 10,000 square feet (between 15 percent and 25 percent slope) with 90 feet of
street frontage.
(c) 20,000 square feet in area when the slope is between 25 percent and 35
percent with 150 feet of street frontage.
(d) 40,000 square feet (over 35 percent slope) with 200 feet of street frontage.
(6) Lots/parcels with panhandles shall be:
(a) 4,500 square feet in area in the pan portion with:
1.
20 feet of street frontage for a single panhandle; or
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2.
26 feet of street frontage for multiple panhandles. The street frontage
for each panhandle parcel shall be determined by the number of
parcels, i.e., if there are two panhandles, the frontage for each will be
13 feet.
(b) Special provisions for lots/parcels with panhandle driveways:
1. Panhandle driveways shall be permitted where dedication of public
right-of-way is impractical or to comply with the density standards in
the applicable zoning district. Panhandle driveways shall not be
permitted in lieu of a public street, as determined by the Director.
2. Panhandle driveways shall not encroach upon or cross a watercourse,
other body of water or other topographic feature except as approved by
the Director and the City Engineer.
3. The area of the pan portion does not include the area in the panhandle
driveway.
4. No more than 4 lots/parcels or 8 dwelling units shall take primary
access from one multiple panhandle driveway.
5.
The paving standards for panhandle driveways shall be:
"\
a. 12 feet-wide for a single panhandle driveway from the front
property line to a distance of 18 feet, where there is an
unimproved street and from the front property line to the pan of
the rear lot/parcel, where there is an improved street; and
b. 18 feet-wide for a multiple panhandle driveway from the front
property line to the pan of the last lot/parcel. This latter.
standard takes precedence over the .driveway width standard for
multiple family driveways specified in Table 32-2 of this Code.
6. The Director may waive the requirement that buildable lots/parcels
have frontage on a public street when access has been guaranteed via a
private street, or driveway with an irrevocable joint use/access
easement.
a. Private streets shall be constructed as specified in Section
32.030 of this Code and not be pennitted in lieu of public
streets shown on the City's adopted Conceptual Street Plan or
TransPlan.
b.
An irrevocable joint use/access easement may be used when a
proposed land division includes a single or multiple panhandle
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lots/parcels where the front lot/parcel contains an existing
primary or secondary structure and the land required for the
panhandle diminishes the required 5 foot-wide side yard
setback applicable to that front lot/parcel and/or the panhandle
width standard cannot be met.
1. For a single panhandle lot/parcel in the LDR District,
the irrevocable access easement width shall be not less
than 14 feet-wide.
11. For a single panhandle in the MDR and HDR District,
or where multiple panhandles are proposed in any
residential district, the irrevpcable access easement
width shall be not less than 20 feet-wide"
(7) The creation of new parcels in the City's urbanizable area shall be either 10 acres,S
acres or shall meet the size standards of Sections (1 )-( 6) of this Section when
approved through the Partition process specified in Article 34 of this Code."
Section 93: Section 16.050, Subsections (1) - (4) are hereby amended to read as
follows:
"16.050 SETBACK STANDARDS.
The following setback standards shall apply to all residential lots/parcels, unless multi-family
development is proposed. In this case the setback standards specified in Section 16.110 of this
Article shall take precedence. All setbacks shall be landscaped, unless a setback is for a garage
or carport.
(1) 10 feet for front yard, street side and rear yard setbacks. Determination of all yard
setbacks for duplexes on corner lots shall be based upon the front yard of each unit as
- established by the streets used for address purposes.
EXCEPTIONS: Garages and Carports
(a) 18 feet measured along the driveway from:
1. The property line fronting the street to the face of the garage or
carport; or
2. The property line fronting the street to the far wall of the garage or
carport where the face of the structure is perpendicular to the street.
3.
Where a garage or carport faces a panhandle driveway, the 18 feet
shall be measured from the inner travel edge (pavement or gravel)
within the panhandle to the face of the structure.
~
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(b)
There shall be no setback required when the garage or carport fronts an alley.
(2) 5 feet for interior side yard setbacks.
EXCEPTIONS:
(a) Attached dwellings (zero lot line) on individual lots/parcels; and
(b) A dwelling constructed over the common property line of two lots/parcels
where there is a recorded deed restriction.
(3) Accessory structures shall not be located between any front or street side yard and a
primary structure and shall be set back at least 3 feet from interior side and rear lot
lines.
EXCEPTIONS:
(a) Stand alone garages and carports shall meet the setback standards specified in
Subsections (1) and (2) ofthis Section.
(b) Group C accessory structures shall be permitted within setbacks as specified
in Section 16.1 OO( 1)( e) of this Article.
.
(4)
Special provisions for panhandle and duplex lots/parcels.
(a) All setbacks for panhandle lots/parcels shall be based on the orientation of the
front and rear of the dwelling occupying the lot/parcel
(b) All setbacks for duplexes on comer lots/parcels shall be based upon the front
yard of each unit established by the street or streets used for address
purposes."
Section 94: Section 16.090, Subsection (1))a)4. is hereby amended to read as follows:
"16.090 FENCE STANDARDS.
(1) General.
(a) Except as specified elsewhere in this Code, fences shall not exceed the height
standards listed below and shall be located as follows:
4.
Eight feet for public utility facilities, school yards and playgrounds,
provided that the fence is located behind the front yard and street ~ide
yard planted area and outside of the vision clearance area. Residential
properties abutting these facilities, railroad tracks or residential
property side and rear yards abutting streets with 4 or more travel
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lanes, may have fences of equal height (eight feet) along common
property lines and right-of-way."
Section 95: Section 16.100, Subsections (1)(a)1.; (1)(c)1.; (1)e); (4)(a)-(e); and (5)(a) are
hereby amended to read as follows:
"16.100 SPECIAL USE STANDARDS.
(1) Accessory Structures. This subsection regulates structures that are incidental to
allowed uses to prevent them from becoming the predominant element of the site.
(a) Accessory Structure Groups. Accessory structures are divided into three
groups based on their characteristics. Accessory structures may be attached
or separate from primary structures.
1. Group A. This group includes buildings and covered structures such
as garages, bedrooms or living rooms, including bathrooms that are not
an accessory dwelling unit as defined in Section 16.120 of this Article,
art studios, gazebos, carports, greenhouses, storage buildings,
boathouses, covered decks and recreational structures. Agricultural
structures as defined in this Code shall be deemed Group A accessory
structures if located on lots or parcels less than 2 acres.
(c)
Group A Standards.
1. Lot Coverage. The combined square footage of all Group A
accessory structures and the primary structure may not exceed the lot
coverage standards specified in Section 16.040 of this Article.
(e) Group C Standards. Group C accessory structures are only allowed in
required building setbacks if they are no more than two feet in width, or
diameter, and no taller than 8 feet.
EXCEPTION: Flagpoles may be located outside of required setbacks or
easements with a maximum height of 30 feet.
(4) Day Care Centers
(a) The Day Care Center shall meet Children Services Division (CSD)
regulations.
(b) The outdoor play area shall be enclosed by a 6-foot high sight obscuring
fence, In addition, the Director may require up to a 10-foot landscape buffer
from an outdoor play area if conflicts with neighboring properties are
identified.
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(c)
Public sidewalks shall be installed in all cases where there are curb and gutter
streets.
(d) The Day Care Center shall have a planted front yard setback of 10 feet.
(e) Wherever possible, each Day Care Center site shall have a circular drive for
drop-offs. L-shaped drives or street side drop-offs may also be approved.
(5) Duplexes
(a) On Comer Lots. A comer duplex or duplex lotLparcel in any residential
District may be partitioned for the purpose of allowing independent ownership
of each dwelling unit, if each of the two resulting lots/parcels meets the size
standards specified in Section 16.030(4) of this Article. Duplexes or duplex
lots eligible for such a partition shall meet the partition standards of Article 34
of this Code and the following:"
Section 96: Section 17.070, Subsection (4) is hereby amended to read as follows:
"17.070 STANDARDS FOR APPROVAL OF DWP OVERLAY DISTRICT
APPLICATIONS WITHIN TIME OF TRAVEL ZONES
Applications shall comply with the following standards. Where the following standards are more
restrictive than the standards of the Unifonn Fire Code, the following standards shall apply:
(4) 10-20 year TOTZ Standards. The storage, handling, treatment, use,
production or keeping on premises of more than 20 gallons of hazardous
materials that pose a risk to groundwater in aggregate quantities shall be
allowed only upon compliance with containment and safety standards set by
the most recent Fire Code adopted by the City."
Section 97: Section 18.010, Subsection (4) is hereby amended to read as follows:
"18.010 ESTABLISHMENT OF COMMERCIAL ZONING DISTRICTS.
In order to fully implement the policies of the Metro Plan, regulate the use ofland,
structures and buildings, and protect the public health, safety and welfare, the following
zoning districts are established in this Article:
(4) GO GENERAL OFFICE DISTRICT. The GO district is intended to
encourage appropriate office development and to implement neighborhood
refinement plans. This district is designed to be a transition zone, providing a
buffer between residential and more intensive commercial development at the
boundaries of a Community Commercial or Major Retail Commercial
designation. A development area of at least one acre shall be required."
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Section 98: Section 18.02p; Subsections (6)(cc) and (8) are hereby amended to read as
follows:
"18.020 COMMERCIAL ZONING DISTRICTS.
CA TEGORIESI
USES
DISTRICTS
NC CC MRC GO
(6)
Recreational facilities (Section 18.110(5)):
(cc) Shooting range (Also subject to provisions of
Springfield Municipal Code, 1997
S
s
CA TEGORIES/
USES
DISTRICTS
NC CC MRC GO
(8) Residential uses in areas designated mixed use in the Metro
Plan~ Refinement Plans or Mixed Use Districts in this
Code (Section 18.110(6)) S
S
S
(14)(b) One single family dwelling, attached or detached as a
secondary use (Section 18.110(6))
P
P
"
Section 99: Section 18.070, Subsection (.15) is hereby amended to read as follows:
"18.070 OFF-STREET PARKING STANDARDS",
USE CATEGORIES
NUMBER OF SPACES
(15) Shopping centers or malls
1 for each 250 square feet of gross floor area,
exclusive of covered pedestrian walkways.
Once a shopping center or mall has been
approved, no additional parking shall be
required, unless there is new construction."
Section 100: Section 18.110, Subsections (5)(a) and (6)(a)-(c) are hereby amended to
read as follows:
"18.110 SPECIAL USE STANDARDS.
(5) Recreational Facilities.
(a) Arcades, Auditoriums, Bingo Parlors (licensed by the state of Oregon
in accordance with ORS 167.118), Dance Halls, Non-Alcohol Night
Clubs, Hydrotubes and Skating Rinks shall not be permitted to abut a
residential district.
(6)
Residential Uses.
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(a)
In areas designated mixed use in the Metro Plan or a
Refinement Plan diagram, Plan District map, or Conceptual
Development Plan, multiple family development shall be
required to meet development standards as specified in
applicable reguiation. MDR and HDR District standards
contained in this Code shall be followed where a Refinement
Plan diagram, Plan District map, or Conceptual Development
Plan does not specify development standards, or in areas where
no applicable regulation has been prepared.
(b) In areas with mixed use zoning, the residential development
standards of the applicable mixed use zoning and/or overlay
district shall apply.
(c) One single family dwelling, detached or attached to a
commercial building in the NC or CC Districts as a secondary
use, shall comply with the residential development standards of
Article 16 of this Code concerning setbacks and height."
Section 101: The Article 26 Title page is hereby amended to read as follows:
"ARTICLE 26
HD HILLSIDE DEVELOPMENT OVERLAY DISTRICT
26.010 PURPOSE
26.020 RESERVED FOR FUTURE USE
26.030 APPLICABILITY
26.040 REVIEW
26.050 DEVELOPMENT DENSITY OPTIONS
26.060 STREET GRADE STANDARDS
26.070 REPORTS REQUIRED
26.080 MODIFICATION OF STANDARDS
26.090 FIRE PROTECTION REQUIREMENTS"
Section 102: Section 26.010 is hereby amended to read as follows:
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"26.010 PURPOSE.
The HD Overlay District ensures that development in hillside areas: Minimizes the potential for
earth movement and resultant hazards to life and property; protects water quality by minimizing
soil erosion and siltation; retains and protects natural vegetation, natural water features and
drainageways, scenic quality and open space by minimizing vegetation removal in sloped areas;
assures the compatibility of new development with surrounding areas; encourages site and building
design that is consistent with the natural topography in order to minimize the cost of providing
public infrastructure; provides for adequate access for emergency services; and otherwise protects
the public health and safety."
Section 103: Section 26.020 is hereby amended to read as follows:
"26.020 RESERVED FOR FUTURE USE."
Section 104: Section 26.030 is hereby amended to read as follows:
"26.030 APPLICABILITY.
The HD Overlay District shall apply to all land within the city limits and the City's urbanizable
area above 670 feet elevation or where the percent of slope is 15 percent or greater, in residential
zoning districts."
Section 105: Section 26.040, Subsection (1) is hereby amended to read as follows:
"26.040 REVIEW.
(1) Development within the HD Overlay District shall be reviewed under Type II
procedure, submitted concurrently with the applicable application for a: Site Plan
Review, Property Line Adjustment, or a Partition or Subdivision Tentative Plan."
Section 106: Section 26.070, Subsections (1) and (5 are hereby amended to read as
follows:
"26.070 REPORTS REQUIRED.
Where the buildable portion of the land to be developed exceeds 15 percent average slope, the
following reports shall be required and their conclusions applied in order to prevent or mitigate
possible hazards to life and property and adverse impacts on the natural environment, consistent
with the purpose of this Article.
(1)
Geotechnical Report. This report shall include data regarding the geology of the site,
the nature, distribution, and strength of existing soils, conclusions and
recommendations for grading procedures, design criteria for corrective measures, and
options and recommendations to maintain soil and slope stability and minimize erosion
of the site to be developed in a manner imposing the minimum variance from the
natural conditions. The investigation and report shall be prepared by a civil
engineer/geologist or a geotechnical engineer.
.
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.
(5)
Development Plan Report. A proposed development plan shall be submitted, depicting
building envelopes for each lot, including driveway approaches and all other associated
impervious surface areas. The applicant shall specify whether trees will be felled
under one Tree Felling Permit, in accordance with Article 38 of this Code, as part of the
subdivision construction process or by separate Tree Felling Permit for each individual
lot prior to the issuance of a Building Pennit. The plan shall be based upon the findings
of the required reports in this Section and the lot coverage standards of Section 16.040.
Building envelopes shall be specified in Covenants, Conditions, and Restrictions
recorded with the Subdivision Plat."
Section 107: Section 26.080, Subsections (1) and (2) are hereby amended to read as
follows:
"26.080 MODIFICATION OF STANDARDS.
The Director may modify the standards ofthis Code, as they apply to the entire development
area, within the following prescribed limits:
(1) Front, side and rear yard setbacks may be reduced to zero (when in conformance with
the Building Safety Codes); provided, however, where attached dwellings are
proposed there shall not be more than 5 dwelling units in any group.
(2)
The reduction of public right of way, pavement width, and/or requirements for the
installation of sidewalk as specified in Table 32-1 of this Code, may be allowed if
provisions are made to provide off-street parking in addition to that required in
Article 16, Residential Districts. The Director may require combinations of
collective private driveways, shared parking areas and on-street parallel parking bays
where topography, special traffic, building, grading, or other circumstances
necessitate additional regulation to minimize land and soil disturbance and minimize
impervious surface areas."
Section 1 08: The Article 29 Title page is hereby amended to read as follows:
"ARTICLE 29
UF-I0 URBANIZABLE FRINGE OVERLAY DISTRICT.
29.010 PURPOSE
29.020 RESERVED FOR FUTURE USE
29.030 APPLICABILITY
29.040 REVIEW
29.050 SCHEDULE OF USE CATEGORIES WHEN THERE IS AN UNDERLYING
RESIDENTIAL DISTRICT
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.
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29.060 SCHEDULE OF USE CATEGORIES WHEN THERE IS AN UNDERLYING
COMMERCIAL OR INDUSTRIAL DISTRICT
29.070 SPECIAL USE STANDARDS"
Section 109: Section 29.010 is hereby amended to read as follows:
"ARTICLE 29
UF-I0 URBANIZABLE FRINGE OVERLAY DISTRICT
29.010 PURPOSE.
To effectively control the potential for urban sprawl and scattered urbanization, compact growth
and the urban service area concepts are, and will remain, the primary growth management
techniques for directing geographic patterns of urbanization in the City. The UF-lO Overlay
District implements the "Growth Management and the Urban Service Area" policies ofthe Metro
Plan by limiting the interim parcelization and prohibiting urban development of unincorporated
urbanizable land. This land will eventually be annexed to the City, and provided with a minimal
level of key urban services to allow development at urban levels. All interim development shall be
designed and constructed to City standards. The regulations ofUF-lO Overlay District supplement
the regulations of the underlying City district. Where the regulations and permitted uses of an
underlying district conflict with those of an Overlay District the more restrictive standards shall
apply."
Section 110: Section 29.020 is hereby amended to read as follows:
"29.020 RESERVED FOR FUTURE USE."
Section 111: Section 29.030 is hereby amended to read as follows:
"29.030 APPLICABILITY.
(1) The provisions of the UF-lO Overlay District shall apply to all of the City's urbanizable
area.
EXCEPTION: The provisions ofthe UF-lO Overlay District shall not apply to land
designated Government and Education on the Metro Plan Diagram.
(2) The UF-lO Overlay District shall cease to apply upon annexation to the City."
Section 112: Section 29.040 is hereby amended to read as follows:
"29.040 REVIEW.
(1)
The siting of single-family residences in the UF -10 Overlay District that require a
Future Development Plan shall be reviewed under Type I procedure.
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(2)
Partitions shall be reviewed under Type II procedure.
(3) All other requests shall be reviewed in accordance with the procedures applicable in the
underlying district (refer to Section 32.130 for siting standards and review process for
certain wireless telecommunications systems facilities).
(4) The Hearings Official shall hear all Type III land use requests.
(5) A complete application together with all required materials shall be submitted to the
Director prior to the review of the request as specified in Section 3.050, Application
Submittal."
Section 113: Section 29.050, Subsections (3), (6) and (6.5) are hereby amended to read
as follows:
"29.050 SCHEDULE OF USE CATEGORIES WHEN THERE IS AN UNDERLYING
- -
RESIDENTIAL DISTRICT.
(3)
Detached single-family dwellings and manufactured homes
S
(6)
Partitions (29.070(5))
P
(6.5) Property Line Adjustments
P"
Section 114: Section 26.060 is hereby amended to read as follows:
"29.060 SCHEDULE OF USE CATEGORIES WHEN THERE IS AN UNDERLYING
COMMERCIAL OR INDUSTRIAL DISTRICT.
Only the following urban uses specifically listed may be permitted when the UF -10 District
overlays a commercial or industrial zone, subject to the provisions, additional restrictions and
exceptions set forth in this Code."
Section 115: Section 29.070, Subsections (1)(a) and (e) and (5) are hereby amended to
read as follows:
"29.070 SPECIAL USE STANDARDS.
(1) General.
(a) The City shall not extend water or sanitary sewer service outside the city limits,
unless the property owner obtains annexation approval from the LCLGBC.
(e) Lane County shall be considered an affected party and notified of all
development applications.
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(5) Partitions. Proposed Partitions in the City's urbanizable area shall meet the standards
and approval criteria of Article 34 of this Code. Any property to be partitioned that is
within the distances specified in OAR 340-071-0160(4) shall require annexation to the
City, unless the Director determines that a topographic or man-made feature makes the
connection physically impractical."
Section 116: The Article 31 Title page is hereby amended to read as follows:
"ARTICLE 31
MINIMUM DEVELOPMENT STANDARDS AND SITE PLAN REVIEW STANDARDS
31.010 MINIMUM DEVELOPMENT STANDARDS
31.020 SITE PLAN REVIEW - PURPOSE AND APPLICABILITY
31.030 SITE PLAN REVIEW - REVIEW PROCESS
31.040 PHASED DEVELOPMENT
31.050 SITE PLAN REVIEW - INFORMA nON REQUIREMENTS
31.060 SITE PLAN REVIEW - CRITERIA
31.070 SITE PLAN REVIEW - CONDITIONS OF APPROVAL
31.080 SITE PLAN REVIEW - FINAL SITE PLAN/FINAL SITE PLAN EQUIVALENT MAP
31.090 SITE PLAN REVIEW - DEVELOPMENT AGREEMENT
31.100 SITE PLAN REVIEW - MODIFICATIONS
31.110 SITE PLAN REVIEW - SECURITY AND ASSURANCES
31.120 SITE PLAN REVIEW - MAINTAINING THE USE
31.130 SITE PLAN REVIEW - LANDSCAPING STANDARDS
31.140 SITE PLAN REVIEW - PLANTING STANDARDS
31.150 SITE PLAN REVIEW - PLANTING INSTALLATION STANDARDS
31.160 SITE PLAN REVIEW - SCREENING AND LIGHTING STANDARDS
31.170 SITE PLAN REVIEW - PARKING STANDARDS
31.180 SITE PLAN REVIEW - PARKING LOT DESIGN STANDARDS - RESERVED FOR
FUTURE USE
31.190 SITE PLAN REVIEW - PARKING AREA IMPROVEMENT STANDARDS
31.200 SITE PLAN REVIEW - OFF-STREET LOADING STANDARDS
31.210 SITE PLAN REVIEW - BICYCLE PARKING STANDARDS
31.220 SITE PLAN REVIEW - MINIMUM REQUIRED BICYCLE PARKING SPACES
31.230 SITE PLAN REVIEW - BICYCLE COMMUTER FACILITIES
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31.240 SITE PLAN REVIEW - WATER QUALITY PROTECTION"
Section 117: Section 31.010, Subsections (2)(a) and (b) and (4)(d) are hereby amended
to read as follows:
"31.010 MINIMUM DEVELOPMENT STANDARDS
(2) Applicability.
(a) MDS shall apply:
1. To developed properties that do not require either Site Plan Review as
specified in Section 31.020 of this Code or Site Plan Modification as
specified in Section 31.100 of this Code; and
2. Within Springfield's city limits only; and
3. Within commercial, industrial and public land zoning districts only,
where there is:
a. An addition or expansion that is:
i.
50 percent or less than the existing building gross floor
area and/or impervious surface area; or
ii. 5,000 square feet or less of additional building gross
floor area and/or impervious surface area, whichever is
less.
iii. Serial expansions shall be limited so that the standards
specified in i and ii are not exceeded in a 3-year period.
EXCEPTION: The installation of items, including but not limited to,
internal sidewalks or bases for benches that are less than 50 square feet
in area, or covering existing storage areas with a permanent structure
that is not enclosed, or a fully enclosed temporary structure shall not
initiate MDS review; and
b. A change in use of a building or property.
(b) Where there is an addition, expansion or change in use of a building or property
containing multiple uses, the property owner shall bring the entire property into
compliance with the standards specified in Subsection (4) of this Section.
However, required improvements shall be installed under the rule of
proportionality, based upon the number of businesses on the property. For
example, if there are three businesses on the property and there is only one
change of use, then only one-third of the improvements necessary for the entire
.
.
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property area shall be required to be completed for that use. If the property
contains more than three uses, the Director and property owner may enter into
an agreement so that as a use changes or expands, a percentage of the property
shall comply with MDS requirements with the intent that the total property will
meet MDS requirements over time. This agreement shall not affect the MDS
timelines specified in Subsection (5) of this Subsection.
EXCEPTION: In cases where the proposed addition, expansion or change in
use is an espresso stand, the Director may waive the MDS requirement on
properties containing existing multiple uses.
(4) SDC Standards Applicable to MDS Approval. In order to grant MDS approval, the
Director shall detennine compliance with all applicable standards specified below.
Final occupancy shall be contingent upon the completion of required site
improvements.
(d)
Parking and circulation areas shall be paved and striped and wheel stops
installed as specified in Sections 31.170 and 31.190 of this Article. Required
paving and other impervious surfaces on the site shall comply with on-site
stormwater management standards as specified in Section 32.110 of this Code
for required parking, circulation area and storage area impervious surfaces only.
EXCEPTION: In cases where the number of vehicular parking spaces cannot
be met due to lot size or physical constraint, the Director, in consultation with
the Transportation Planning Engineer, may reduce the standard without a Minor
Variance if a finding is made that the reduction will not have an adverse impact
on public safety."
Section 118: Section 31.020, Subsections (2)(c) and (f) and (3) are hereby amended to
read as follows:
"31.020 SITE PLAN REVIEW - DESCRIPTION AND APPLICABILITY.
(2) Applicability. Within the city limits and the City's urbanizable area, Site Plan Review
shall be required for:
(a) Single family and duplex dwellings on properties zoned Medium Density
Residential and High Density Residential in order to meet the minimum
density requirements of these zones;
EXCEPTION: Site Plan Review does not apply to certain single-family and
duplex dwellings on properties zoned Medium Density Residential and High
Density Residential subject to building permit approval when:
1.
The lot size allows only one such dwelling, or
.
2.
There is an addition, remodel or replacement of an existing single-
family dwelling or duplex/or an accessory structure is proposed.
(b) Multi-family residential, commercial, public and semi-public, and industrial
development or uses, including construction of impervious surfaces for
parking lots and storage areas, including:
1. New development on vacant sites and redevelopment as a result of
demolition and removal of existing buildings and impervious surfaces
on a formerly occupied site.
2. Additions or expansions that exceed either 50 percent of the existing
building gross floor area or 5,000 square feet or more of new building
gross floor area and/or impervious surface area.
3. Additions,- expansions and changes of use, regardless of size or
intervening use, that:
a. Contain or are within 150 feet ofthe top of bank (as measured
from the property line ofthe subject property) of any Water
Quality Limited Watercourses (WQL W) identified on the
WQL W Map on file in the Development Services Department;
.
b.
Contain or are within 100 feet of the top of bank (as measured
from the property line of the subject property) of any direct
tributaries of WQL W identified on the WQL W Map on file in
the Development Services Department;
c. Are located within the City's urbanizable area, outside of the
city limits; or
d. Are located within 50 feet of residentially zoned or designated
land (as measured from the property line of the subject
property).
e. EXCEPTIONS:
i.
The Director may determine that a Type II Site Plan
Review does not apply to certain changes of use
required under Subsections 1. through 4. if a finding is
made that the change of use will not have an adverse
impact on water quality and/or residential uses. In this
case, the change of use may be reviewed under
Minimum Development Standards procedures specified
in Section 31.0 I 0(2) of this Article or a Minor Site Plan
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Modification in accordance with Section 31.100(3) of
this Article.
ii.
Developed or partially developed industrial properties 5
acres or greater in size that have never obtained Final
Site Plan Review approval prior to the adoption of this
Code may obtain Final Site Plan Equivalent Map
approval as specified in Section 31.080 of this Article.
This approval is necessary to allow the property owner
to use the Site Plan Modification process specified in
Section 31.100 of this Article for future additions or
expansIOns.
4. Discretionary Uses, where applicable.
5. Development within the area of adopted Development Area Plans and
Conceptual Development Plans.
6. Any uses listed in the applicable zoning, overlay or plan district, which
specifically require Site Plan Review.
7.
Certain wireless telecommunications systems facilities (Article 32);
Refer to Section 32.130 for siting standards and review process for
applicable underlying zoning district.
(3) No development permit will be issued by the City prior to approval ofthe Preliminary
Site Plan application.
EXCEPTION: As may be permitted in the Springfield Municipal Code, 1997 and/or
by Resolution No. 03-40, the Director may issue a Land and Drainage Alteration
Permit prior to approval of the Preliminary Site Plan."
Section 119: Section 31.030, Subsections (1) and (2) are hereby amended to read as
follows:
"31.030 SITE PLAN REVIEW - REVIEW PROCESS.
(1) Pre-Application Options. Although voluntary, prospective applicants are generally
encouraged to request a Pre-Submittal Meeting (informal process) or Pre-Application
Report (formal process) as specified in Section 3.040 of this Code.
(2) Site Plans shall be reviewed under Type II procedure, unless otherwise specified
elsewhere in this Code. A complete application, together with all required materials,
shall be submitted to the Director prior to the review ofthe request as specified in
Section 3.050, Application Submittal."
Section 120: Section 31.040 is hereby amended to read as follows:
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"31.040 SITE PLAN REVIEW - PHASED DEVELOPMENT.
The Director may approve phasing of development with the Site Plan Review application,
subject to the following standards and procedures:
(1) A Phased Development Plan shall be submitted with the Site Plan Review application
as specified in Section 31.050(7) of this Article.
(2) The Director shall approve a time schedule for developing a site in phases, but
in no case shall the total time period for all phases be greater than 2 years, with a
possible one-time one year extension as specified in Section 31.080( 1) of this Article.
EXCEPTIONS:
(a) If a longer phasing time line is desired, the applicant may submit a Master
Plan in accordance with the provisions of Article 37 of this Code.
(b) Multiple Type II Site Plan Modification applications shall not be permitted to
circumvent the Master Plan process (See also Section 31.1 OO( 1) of this .
Article.
(3)
Approval of a phased Site Plan Review application shall require satisfaction of the
following approval criteria:
(a) The public facilities required to serve each phase shall be constructed in
conjunction with or prior to each phase, unless during the Site Plan Review
process the Director finds that a public facility necessary for a subsequent
phase is necessary as part of an earlier phase; and
(b) The phased development shall not result in requiring the City or other
property owners to construct public facilities that were required as part of the
approved development proposal."
Section 121: Section 31.050, Subsections (7), (8) and (9) are hereby amended to read
as follows:
"31.050 SITE PLAN REVIEW - INFORMATION REQUIREMENTS.
All Site Plan applications that contain structures over 4,000 square feet of gross floor area shall be
prepared by an Oregon licensed Architect or Engineer. The services of an Oregon registered
Engineer may also be required by the City in order to resolve utility issues, especially stormwater
management, street design and transportation issues, site constraint and/or water quality. A Site
Plan shall contain all the elements necessary to demonstrate that requirements of this Code are
being fulfilled and shall include but not be limited to the following:
(7)
A Phased Development Plan. Where applicable, the Site Plan application shall include
a phasing plan that indicates any proposed phases for development, including the
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boundaries and sequencing of each phase as may be permitted in Section 3.040 of this
Article. Phasing shall progress in a sequence that promotes street connectivity between
the various phases of the development and accommodates other required public
improvements, including but not limited to, sanitary sewer, stonnwater management,
water and electricity.
(8)
On-site Lighting Plan, The lighting plan shall show the location, orientation, and
maximum height of all proposed exterior light fixtures, both free standing and
attached. The lighting plan shall also detail the type and extent of shielding, including
cut-off angles and the type of illumination, the wattage, luminous area, and a
photometric test report for each light source.
(9)
Additional information and/or applications required at the time of Site Plan Review
applications submittal shall include following items, where applicable:"
Section 122: Section 31.060 is hereby amended to read as follows:
"31.060 SITE PLAN REVIEW - CRITERIA.
The Director shall approve or approve with conditions: a Type II Site Plan Review application
upon detennining that approval criteria (1) through (5) ofthis Section have been satisfied. If
conditions cannot be attached to satisfy the approval criteria, the Director shall deny the
application.
(1) The zoning is consistent with the Metro Plan diagram, and/or the applicable
Refinement Plan diagram, Plan District map, and Conceptual Development Plan.
(2) Capacity requirements of public improvements, including but not limited to, water and
electricity; sanitary sewer and stormwater management facilities; and streets and traffic
safety controls shall not be exceeded and the public improvements shall be available to
serve the site at the time of development, unless otherwise provided for by this Code
and other applicable regulations. The Public Works Director or a utility provider shall
determine capacity issues.
. (3) The proposed development shall comply with all applicable public and private design
and construction standards contained in this Code and other applicable regulations to
ensure the connection to public utilities and the installation of streets.
(4) Parking areas and ingress-egress points have been designed to: facilitate vehicular
traffic, bicycle and pedestrian safety to avoid congestion; provide connectivity within
the development area and to adjacent residential areas, transit stops, neighborhood
activity centers, and commercial, industrial and public areas; minimize curb cuts on
arterial and collector streets as specified in this Code or other applicable regulations and
comply with the ODOT access management standards for state highways.
(5)
Physical features, including but not limited to, significant clusters of trees and shrubs,
watercourses shown on the Water Quality Limited Watercourse Map and their
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associated riparian areas, wetlands, rock outcroppings and historic features have been
evaluated and protected as specified in this Code or other applicable regulations."
Section 123: Section 31.070, Subsections (3) and (7) are hereby amended to read as
follows:
"31.070 SITE PLAN REVIEW - CONDITIONS OF APPROVAL.
To the extent necessary to satisfy the approval criteria of Section 31.060 of this Article, comply
with all applicable standards of this Code and to mitigate identified negative impacts to
surrounding properties, the Director may impose conditions of approval. Conditions imposed to
satisfy the Site Plan application approval criteria shall not be used to exclude "needed housing"
as defined in OAR 660-08-015. All conditions shall be satisfied prior to Final Site Plan approval:
Conditionsof approval may include, but are not limited to:
(3) Installation of medians, traffic signals and signs; restricting access to and from arterial
or collector streets; requiring a frontage road; restricting and strategically locating
driveways; and/or requiring the joint use of driveways to serve 2 or more lots through
a Joint Use/Access Agreement when transportation safety issues are identified by the
Transportation Planning Engineer and/or a Transportation Impact Study.
(7)
Phasing of development to match the availability of public facilities and services,
including but not limited to, water and electricity; sanitary sewer and stormwater
management facilities; and streets and traffic safety controls when these facilities and
services are near capacity, as determined by the Public Works Director or the utility
provider."
Section 124: Section 31.080 is hereby amended to read as follows:
"31.080 SITE PLAN REVIEW - FINAL SITE PLAN/FINAL SITE PLAN EQUIVALENT
MAP.
(1) Final Site Plan, Generally. Within 90 days of an affirmative decision by the Approval
Authority, a complete Final Site Plan shall be submitted to the Development Services
Department. The Final Site Plan submittal shall incorporate all conditions of approval
listed in the staff report. The Final Site Plan shall become null and void if construction
has not begun within two years of the signing of the Development Agreement required
in Section 31.090 ofthis Article.
(2) Final Site Plan Equivalent Map. -In the case of developed or partially developed
industrial properties of more than 5 acres in size that did not receive Final Site Plan
approval prior to the adoption of this Code, the Director may approve a Final Site
Plan Equivalent Map to allow the property owner to use the Site Plan Modification
process specified in Section 31.100 of this Article for future additions or expansions.
(a)
Final Site Plan Equivalent Map - Review.
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1.
Final Site Plan Equivalent Map applications shall be reviewed under
Type I Procedure.
2. The approval criteria shall be compliance with the submittal
requirements of Subsection (2)(b) of this Section.
3. In the staff report, the Director shall condition the approved Final Site
Plan Equivalent Map to require its submittal with any future Site Plan
Modification application.
(b) Final Site Plan Equivalent Map - Submittal requirements. The Final Site Plan
Equivalent Map application may be submitted concurrently with a Site Plan
Review Modification application. The applicant shall submit a map based on
City Government Infonnation System maps at a 'scale not less than 1" =100'
that contains the following information:
1. The property lines;
2. The location of all existing buildings to include their use and
dimensions;
3. Paved parking areas to include the number of parking spaces;
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4.
The location of public utilities on the property, specifically
stormwater, sanitary sewer, electricity and water;
5. The location and identification of all outfalls, if there are waterways
that abut the property. For properties that abut Water Quality Limited
Watercourses the approximate location oftop of bank, and the 150
foot required setback from top of bank;
6. Existing landscaping along the frontage of abutting public rights-of-
way; and
7. Any additional information required by the Director that may be
specific to a particular property.
(c) Final Site Plan Equivalent Map - Applications for proposed additions or
expanSIOns
1. The Director shall detennine whether a Major or Minor Site Plan
Modification application is required. The applicable development
standards and approval criteria for the proposed addition or expansion
shall be addressed as part of the Site Plan Modification application.
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2.
The applicant shall update the Final Site Plan Equivalent Map as a
condition of Site Plan Modification preliminary approval.
3. The applicant shall submit the revised Final Site Plan Equivalent Map
with the Final Site Plan for the Site Plan Modification.
4. No formal amendment of the original Site Plan Equivalent Map
application shall be required in order to update the map. The intent is
to have an up to date record of development on the industrial property
on file in the last Site Plan Modification application."
Section 125: Section 31.090 is hereby amended to read as follows:
"31.090 SITE PLAN REVIEW - DEVELOPMENT AGREEMENT.
(1)
To complete the Site Plan Review Process, a Development Agreement shall be prepared
by the Director to be signed by the applicant. The purpose of the Development
Agreement is to ensure that the tenns and conditions of Site Plan Review approval are
understood and binding upon both the applicant and the City. The Development
Agreement and the Final Site Plan approval shall be valid for two years from the date
the document is signed. If construction does not begin within this timeline, both the
Final Site Plan and the Development Agreement shall become null and void. However,
one extension, not to exceed one year may be granted by the Director upon receipt of a
written request by the applicant, including an explanation of the delay. Work under
progress shall not be subject to Final Site Plan or Development Agreement expiration.
EXCEPTION:
No Development Agreement shall be required for a Final Site Plan Equivalent Map
application that is approved as specified in Section 31.080(2) of this Code.
(2) A Building Permit may be issued by the Building Official only after the Development
Agreement has been signed by the applicant. -
(3) No building or structure shall be occupied until all improvements are made in
accordance with this Article, unless otherwise permitted in Section 31.110, Security and
Assurances.
(4) Upon satisfactory completion of site development, as detennined by a Final Site
Inspection (prior to the final building inspection), the City shall authorize the provision
of public facilities and services and issue a Certificate of Occupancy."
Section 126: Section 31.100, Subsection (1) is hereby amended to read as follows:
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"31.100 SITE PLAN REVIEW - MODIFICATIONS.
(1) Purpose. The Site Plan Modification process establishes procedures to allow certain
adjustments to an approved Site Plan, either after Preliminary Approval or after Final
Approval. This process shall assure that any proposed Major Site Plan Modification
continues to comply with the approval criteria specified in Section 31.060 of this
Article."
Section 127: Section 31.140, Subsections (3)(a)-(c) are hereby amended to read as
follows:
"31.140 SITE PLAN REVIEW - PLANTING STANDARDS.
(2) Except in the LDR District (single family and duplex dwellings only) and as specified in
Subsection (3) ofthis Section, at least 65 percent of each required planting area shall be
covered with living plant materials within 5 years of the date of installation. The living
plant materials shall be distributed throughout the required planting area. The planting
acceptable per 1000 square feet of required planting area shall be as follows:
(a) As a minimum, two trees not less than 6 feet in height that are at least 2 inches in
caliper (at the time of planting, not including root ball); and
(b) As a minimum, ten shrubs, five gallons or larger.
(c) Lawn and/or ground cover may be substituted for trees or shrubbery, unless
required for screening when there are adequate provisions for ongoing
maintenance.
(3) Parking lot planting areas shall include one canopy tree at least 2 inches in caliper that
meets City street tree standards as may be permitted by the City's Engineering Design
Standards and Procedures Manual and at least 4 shrubs,S gallon or larger, for each 100
square feet of planting area. Shrubbery that abuts public right-of.;.way or that is places
in the interior of any parking lot shall generally not exceed 2 12 feet in height at
maturity. Parking lot planting areas shall include:
(a) Parking and driveway setback areas specified in the applicable zoning district;
and
(b) Five percent of the interior of a parking lot, exclusive of any required parking
setbacks, if24 or more parking spaces are located between the street side of a
building and an arterial, orcollector street, and are visible from any street.
(c) See also Section 16.11O(4)(h)3 ofthis Code for multi-family design standards."
Section 128: Section 31.160, Subsections (2)(a) and (b) and (3) are hereby amended to
read as follows:
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"31.160 SITE PLAN REVIEW ~ SCREENING AND LIGHTING STANDARDS.
(2) Screening shall be vegetative, earthen and/or structural and shall be designed to
minimize visual and audible incompatible uses from adjacent properties. Except as
specified elsewhere in this Subsection, screening shall be continuous to at least 6 feet
above ground level. The following standards shall apply:
(a) Vegetative Screening. Evergreen shrubs shall be planted which will grow to
form a continuous hedge. When immediate screening is necessary, a sight-
obscuring fence shall be installed in place of, or in conjunction with the
plantings. The 6-foot height standard specified in Subsection (2) of this Section
shall occur within 4 years of planting.
EXCEPTION: In the case of multi-family development, the vegetative
screening standard of Section 16.11O(4)(h)4. of this Code shall apply.
(b)
Earthen Screening. Earthen berms may be used to screen either visual or
noise impacts. A benn shall be combined with evergreen plantings or a fence
to form an attractive sight and noise buffer. The maximum height of a benn
shall be 6 feet along local streets and 8 feet along collector and arterial streets
or railroad rights-of-way, unless an acoustical engineer detennines a lower or
higher height can be utilized. Height shall be measured from the base of the
berm to the top of the berm and does not include additional fences or
landscaping. The exterior face of the berm shall be constructed as an earthen
slope. The interior face of the berm may be constructed as an earthen slope or
retained by means of a wall, terrace or other means acceptable to the Building
Official. The maximum slope shall be 1 :3. The crest area shall be a minimum
of 4 feet in width. The slopes shall be protected to prevent erosion by trees,
shrubs and groundcover. Berms shall be irrigated in accordance with Section
31.140(3) of this Section. No part of a benn shall encroach into an easement.
The toe of a berm over 3 feet in height shall be set back at least 5 feet from
any property line, unless when abutting public right-of-way. Berms shall not
interfere with the drainage patterns of the property.
"
(3) On-site Lighting Standards.
(a) Purpose. On-site lighting standards are established to create a safe and secure
environment during hours of darkness and reduce or prevent light pollution by
minimizing glare.
(b) Applicability.
1. On-site lighting standards shall apply to any development requiring
Site Plan Review approval.
2.
EXCEPTIONS:
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On-site lighting standards shall not apply to:
a. Individual single family or duplex dwelling units;
b. City street light standards and design criteria. Street lights
shall be regulated by Section 32.060 of this Code and by the
City's Engineering Design Standards and Procedures Manual;
c. Lighting necessary for emergency equipment and work
conducted in the interests oflaw enforcement or for the safety,
._ health, or welfare of the City; and
d. Sign lighting. Signs shall be regulated in Springfield
Municipal Code 1997.
(c) General. On-site lighting shall be the minimum illumination necessary for a
given application. All exterior light fixtures shall be shielded or recessed so
that direct glare and reflection are contained within the boundaries of the
property, and shall be directed downward and away from abutting properties;
public rights-of-way; and riparian, wetlands and other protected areas
identified in this Code on the same property.
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(d)
Height.
1. The height of a free standing exterior light fixture shall not exceed 25
feet or the height of the principal permitted structure, whichever is
less. Height shall be measured as the vertical distance between the
paved surface and the bottom of the light fixture.
2. EXCEPTIONS:
a. The Director may allow an increase to the standard in
Subsection (d) I. when a detennination is made that personal
security is an issue, special security needs exist, or where
vandalism or crime are possible. The Director may consider
specific site characteristics, level of vehicle and pedestrian
conflict, special security needs, and history or likelihood of
crimes in making the determination.
b. The height of a free standing exterior light fixture within 50
feet of any residential district and riparian, wetlands and other
similarly protected areas shall not exceed 12 feet.
c.
The height restriction in Subsection (d) 1. shall not apply to
lighting used to illuminate outdoor performance areas, sport
and recreation facilities, and playfields, unless these light
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fixtures are located within 50 feet of a residential zoning
district.
(e)
The lighting standards in this Subsection shall be addressed in the On-site
Lighting Plan as specified in Section 31.050(8) of this Article,"
Section 129: Section 31.180 is hereby amended to read as follows:
"31.180 SITE PLAN REVIEW - PARKING LOT DESIGN - RESERVED FOR FUTURE
USE."
Section 130: Section 31.190, Subsections (8)(a) and (b) and (10) are hereby amended
to read as follows:
"31.190 SITE PLAN REVIEW - PARKING AREA IMPROVEMENT STANDARDS.
All parking areas shall confonn to the setback, vision clearance, planting and screening provisions
of this Code and shall be completed prior to occupancy. Required parking spaces shall be
improved in accordance with the following standards:
(8) Parking Spaces for disabled persons.
(a)
Parking spaces for disabled people and accessible passenger loading zones that
serve a particular building shall be located on the shortest possible circulation
route to an entrance of the building.
(b) The number and dimensions of parking spaces for disabled persons shall be as
specified in Section 1104 of the Structural Specialty Code.
(10) Any lights provided to illuminate any public or private parking area or vehicle sales
area shall be arranged so as to reflect the light away from any less intensive use_and
comply with the lighting standards specified in Section 31.160(3) of this Article."
Section 131: The Article 32 Title page is hereby amended to read as follows:-
"ARTICLE 32
PUBLIC AND PRIVATE IMPROVEMENTS
32.010 PURPOSE
32.020 STREETS - PUBLIC
32.030 STREETS - PRIVATE
32.040 SIDEWALK AND PLANTER STRIP STANDARDS
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32.050 STREET TREES
32.060 STREET LIGHTS
32.070 VISION CLEARANCE AREAS
32.080 ACCESS AND CURB CUTS
32.085 INTERSECTIONS
32.090 BIKEWAYS, PEDESTRIAN TRAILS AND ACCESSW A YS
32.100 SANITARY SEWERS
32.110 STORMW A TER MANAGEMENT
32.120 UTILITIES
32.130 SITING AND REVIEW PROCESS FOR WIRELESS TELECOMMUNICATIONS
SYSTEMS FACILITIES"
Section 132: Section 32.010 is hereby amended to read as follows:
. "32.010 PURPOSE.
(1) Planning references for public and private improvements. The intent of this Article is
to ensure that public and private improvements within the city limits and the City's
urbanizable area are installed and serve all lots, parcels, buildings or structures in
accordance with applicable Metro Plan policies, including Auxiliary Map# I,
TransPlan, other functional plans; the Conceptual Local Street Map; applicable
Refinement Plans, Plan Districts, Master Plans, and- Conceptual Development Plans;
this Code; and any other applicable regulations.
(2) Construction and design references for public improvements under City jurisdiction.
Specifications for the design, construction, reconstruction or repair of streets, alleys,
sidewalks, bus turnouts, accessways, curbs, gutters, street lights, street signs, sanitary
sewers, stormwater management systems, street trees and planter strips within the ,-
public right-of-way, medians and other public improvements within the city limits and
the City's urbanizable area shall be in accordance with this Code, the Springfield
Municipal Code 1997, the City's Engineering Design Standards and Procedures
Manual and, the Public Works Standard Construction Specifications. The Public
Works Director retains the right to modifY their cited references on a case-by-case
basis.
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(3)
Construction and design references for other public agency improvements. Each public
agency, including but not limited to; the provider of water, electricity, parks and public
transit service that have specific construction standards shall submit correspondence
during the Development Review process that addresses their construction requirements.
(4) Construction design references for private improvements.
(a) Specifications for private street improvements within the city limits and the
City's urbanizable area shall be approved by the Public Works Director in
accordance with Section 32.030 ofthis Article and the City's Engineering
Design Standards and Procedures Manual and any other applicable
regulations.
(b) Other private improvements within the city limits and the City's urbanizable
area shall be as specified in this Code and/or approved by the Building Official.
(5) Americans with Disabilities Act. All applicable public and private improvements shall
also meet current applicable standards of the Americans with Disabilities Act."
Section 133: Section 32.020, Subsections (1)(a)1.b. and i., (1)(b), (1)(c)1.-3., (1)(d);
(1)(e)5., (3)-(6), (7)(d)1., (8), (9)(a) and (10) are hereby amended/and or renumbered to read
as follows:
"32.020 STREETS - PUBLIC.
(1)
General Provisions.
(a) The location, width and grade of streets shall be considered in their relation to
existing and planned streets, to topographical conditions, and to the planned use
ofland to be served by the streets. The street system shall assure efficient
traffic circulation that is convenient and safe. Grades, tangents, curves and
intersection angles shall be appropriate for the traffic to be carried, considering
the terrain. Street location and design shall consider solar access to building
sites as may be required to comply with applicable solar regulations specified in
this Code, the need for utility locations, and the preservation of natural and
historic resources inventoried in the Metro Plan. Street locations shall ordinarily
be shown in TransPlan; applicable Refinement Plans, Plan Districts, Master
Plans, Conceptual Development Plans; or the Conceptual Local Street Map.
The arrangement of public streets shall provide for the continuation or
appropriate projection of existing streets in the surrounding area, unless
topographical or other conditions make continuance or confonnance to existing
street alignments impractical.
1. The following street connection guidelines shall be used in evaluating
street alignment proposals not shown on an adopted plan or that are
different from the Conceptual Local Street Map:
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b.
The layout of streets should not create excessive travel lengths,
particularly for pedestrians and cyclists. Block length for local
streets shall not exceed 600 feet, unless the developer
demonstrates that a block length must be greater than 600 feet
because of the existence of one or more of the following
conditions:
i. Physical conditions preclude a block length 600 feet or
less. These conditions may include topography or the
existence of physical features, including but not limited
to: wetlands, ponds, streams, channels, rivers, lak~s or
steep grades, or a resource under protection by state or
federal law .
ii. Buildings or other existing development on adjacent
lands, including previously subdivided but vacant lots
or parcels that physically preclude a block length 600
feet or less, considering the potential for
redevelopment.
Hi
In the case where the extension of a public street into
the proposed development would create a block length
exceeding 600 feet, the t~tal block length shall be as
close to 600 feet as possible.
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i. Streets shall meet all design standards in this Code, the City's
Engineering Design Standards and Procedures Manual, the
Public Works Standard Construction Specifications, and the
Springfield Municipal Code 1997.
(b) All streets and alleys shall be dedicated and improved in accordance with this
Code.
(c) All lots/parcels shall have approved access to a public street or alley. The
access shall be provided by either:
1. Direct access to a public street or alley;
2. Direct access to a private street; or
3. An irrevocable joint use/access easement that has been approved by the
City Attorney, where:
a.
Private driveways in lieu of a panhandle driveway, where
specified elsewhere in this Code; or
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b.
Combined access for two or more lots/parcels are required to
reduce the number of access points along a street, as determined
by the Public Works Director.
(d) Development Approval shall not be granted where a development will create
dangerous or hazardous traffic conditions.
(e) A developer may be required to prepare a Traffic Impact Study to show how the
design and installation of on-site and off-site improvements will minimize
identified traffic impacts. The study shall be included with a development
application, in any of the following instances:
5. The Public Works Director will determine the nature and the extent of
the Traffic Impact Study requirements relating to the number of trips
associated with a specific development and potential traffic hazards.
(3) Street right of way widths shall be as specified in Table 32-1, unless otherwise
indicated in TransPlan, the Conceptual Local Street Plan, or where necessary to achieve
right of way and street alignment.
(4)
Functional classification of streets. The City's street system consists of Major
Arterial; Minor Arterial; Collector and Local streets consistent with the Federally
Designated Roadway Functional Classification map, contained in TransPlan.
Local Streets include all streets not classified as an Arterial or Collector street.
.
(5) Dead-end streets.
(a) Dead-end streets shall terminate in cul-de-sac bulb, "hammerhead" or other
design that provides an adequate vehicular turn around area as may be
approved by the Public Works Director and the Fire Marshal.
(b) A cul-de-sac, excluding the bulb, or other approved vehicular turn-around
area, shall have a minimum length of 65 feet and shall have a maximum
length of 400 feet as measured from the nearest curb line of the intersecting
street. The right-of-way and paving requirements for cul-de-sacs, including
the bulb or other approved vehicular turn around area, shall be in accordance
with the Public Works Standard Construction Specifications and the City's
Engineering Design Standards and Procedures Manual.
EXCEPTION:
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Where new streets intended to be through streets are partially constructed
during phased development, temporary dead end streets with temporary
vehicular turn-around areas shall be permitted in accordance with the City's
Engineering Design Standards and Procedures Manual. In this case, the 400
foot maximum length standard shall not apply.
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(c)
Where there is an existing dead end street without a turn around at the time of
development that generates additional vehicular trips, the property owner shall
provide for a turn around area to the satisfaction of the Public Works Director
and the Fire Marshall. Pennitted vehicular turn around areas may include, but
are not limited to: hammerheads, partial cul-de-sac bulbs and private
driveways.
(6) Where necessary to ensure that adequate access will be feasible for the orderly
development and/or division of adjacent land or to provide for the transportation and
access needs of the City as determined by the Public Works Director, streets shall be
extended to the appropriate boundary of the property proposed to be developed,
partitioned or subdivided. A City standard barricade and/or signs and markings as may
be necessary to adequately warn traffic shall be constructed at the developer's expense
at the end of, and/or parallel to the street.
(7) Additional Right of Way and Street Improvements.
(d) Partial width (two-thirds) streets shall be pennitted only if all of the following
approval criteria are met:
1. There is inadequate right of way to install a full-width street improvement
without changing street alignments.
(8)
Where a development will result in the need to improve a railroad crossing, or an
approach to a railroad crossing, the developer shall bear the cost for such
improvements. When other property owners are benefited, other equitable means of
cost distribution may be approved by the City.
(9) Signs and Signals.
(a) All traffic control signs, traffic signals pavement markings and street name
signs shall be in conformance with the U.S. Department of Transportation's
Manual ofUnifonn Traffic Control Devices for Streets and Highways
(including Oregon supplements), the City's Engineering Design Standards and
Procedures Manual, the Public Works Standard Construction Specifications
and this Code.
(10) Street names shall be assigned as specified in the Springfield Municipal Code 1997. ..
Section 134: Section 32.040 is hereby amended to read as follows:
"32.040 SIDEWALK AND PLANTER STRIP STANDARDS.
(1)
Sidewalks and planter strips abutting public streets shall be located wholly within the
public street right-of-way, unless otherwise approved by the Public Works Director.
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(2)
Sidewalks shall be designed, constructed, replaced or repaired in accordance with the
City's Engineering Design Standards and Procedures Manual, the Public Works
Standard Construction Specifications and the Springfield Municipal Code 1997. New
sidewalk design shall be consistent with existing sidewalk design in the same block in
relation to width and type
(3) Planter strips may be required as part of sidewalk construction. Planter strips shall be
at least 4.5 feet in width. Maximum planter strip width is dependent upon the type of
tree selected as specified in the City's Engineering Design Standards and Procedures
Manual.
(4) Maintenance of sidewalks shall be the continuing obligation of the abutting property
owner."
Section 135: Section 32.050, Subsections (3) and (7) are hereby amended to read as
follows:
"32.050 STREET TREES.
Street trees are those trees located within the public right-of-way. Street trees may be located
within planter strips, in individual tree wells within a sidewalk, round-abouts or medians. The
primary purpose of street trees is to create a streetscape that benefits from the aesthetic and
enviromnental qualities of an extensive tree canopy along the public street system. Street trees
are attractive amenities that improve the appearance of the community, providing shade and
visual interest. Streets trees also improve air quality, reduce stormwater runoff and moderate the
micro-climate impacts of heat absorbed by paved surfaces.
EXCEPTION: Where there is no planter strip and street trees cannot be planted in the public
right-of-way, trees shall be planted in the required front yard or street side yard setback of private
property as specified in the applicable zoning district, in order to meet street tree requirements.
(1) New street trees. New street trees shall be 2 inches in caliper. New street trees shall
be selected from the City Street Tree List and installed as specified in the City's
Engineering Design Standards and Procedures Manual. The Public Works Director
shall determine which species are permitted or prohibited street trees.
(2) Existing street trees.
(a)
Street tree retention standards. Existing trees may meet the requirement for
street trees (i.e., trees on the City Street Tree List specified in the City's
Engineering Design Standards and Procedures Manual with a minimum
caliber of2 inches) if excavation or filling for proposed development is
minimized within the dripline of the tree. Sidewalks of variable width,
elevation and direction may be used to save existing trees, subject to approval
by the Director and Public Works Director. Existing street trees shall be
retained in accordance with the Engineering Design Standards and
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Procedures Manual;unless approved for removal as a condition of
Development Approval or in conjunction with a street construction project.
(b)
Street tree removal standards.
1. Any existing street trees in the public right-of-way proposed to, be
removed by the City shall be exempt from the tree felling regulations
specified in Article 38 ofthis Code.
2. Any existing street trees on private property proposed to be removed
shall require notification ofthe Public Works Director prior to removal.
Removal of 5 or more street trees shall be subject to the tree felling
standards specified in Article 38 of this Code.
(c) Street tree replacement standards. Where, possible, any street tree proposed to
be removed shall be replaced with a tree at least 2 inches in caliper.
1. It shall be the responsibility of the City to plant any replacement tree
within the public right-of-way.
2.
It shall be the responsibility of the property owner to plant any
replacement street tree on private property, either as a condition of a
Tree Felling Permit or when the property owner removes a street tree on
private property without the City's authorization. Any replacement
street tree shall be listed on the City Street Tree List specified in the
City's Engineering Design Standards and Procedures Manual.
3. Whenever the property owner removes a street tree within the public
right-of-way without the City's authorization, that person shall be
responsible for reimbursing the City for the full value of the removed
tree, to include replanting and watering during the two year
establishment period.
(3) Street tree maintenance responsibility.
(a) Maintenance of street trees in the public right-of-way shall be performed by
the City.
(b) Maintenance of street trees on private property shall be performed by the
property owner."
Section 136: Section 32.060 is hereby amended to read as follows:
"32.060 STREET LIGHTING STANDARDS.
.
.
.
Street lighting design and placement shall be in accordance with the City's Engineering
Design Standards and Procedures Manual and the Public Works Standard Construction
Specifications and shall be approved by the Public Works Director.
(1) Street lighting shall be included with all new developments or redevelopment. Existing
street lights shall be upgraded to current lighting standards with all new developments
or redevelopment as determined by the Public Works Director. The developer shall be
responsible for lighting installation costs.
(2) A developer may choose to install decorative streetlights, as may be permitted in the
City's Engineering Design Standards and Procedures Manual and the Public Works
Standard Construction Specifications."
Section 137: Section 32.080 is hereby amended to read as follows:
"32.080 ACCESS AND DRIVEWAY STANDARDS.
(1) Driveway Specifications - General.
(a) All developed lots/parcels shall have an approved access to a public street,
private street or alley as specified in Section 32.020( 1 )( c) ofthis Article.
(b)
Joint use of driveways at a property line shall be required whenever necessary
to reduce the number of access points to streets as specified in Section
32.020(1)(c)3. of this Article.
(c) Driveway access to designated State Highways shall be subject to the
provisions of this Article in addition to requirements of the Highway Division,
Oregon Department of Transportation. Where regulations of the City and
State conflict, the more restrictive regulations shall apply.
(2) Driveway access to local streets is generally encouraged in preference to access to
streets of higher classification.
(a) Driveway access to arterial and collector streets may be permitted ifno
reasonable alternative street access exists or where heavy use of local streets is
inappropriate due to traffic impacts in residential areas.
(b) Where a proposed development abuts an existing or proposed Arterial or
Collector Street, the development design and off-street improvements shall
minimize the traffic conflicts.
(c} Bus turn out lanes shall be required consistent with adopted Lane Transit
District plans and policies.
(d)
Additional improvements or design modifications necessary to resolve
identified transportation conflicts may be required on a case by case basis.
,
.
.
.
(3)
Driveways shall be designed to allow safe and efficient vehicular ingress and egress in
accordance with Tables 32-2, 32-3, 32-4, 32-5 and 32-6 and the City's Engineering
Design Standards and Procedures Manual and the Public Works Standard
Construction Specifications. Minimum separation between a standard driveway and
the nearest intersection curb return (the end ofthe curb radius at an intersection) on the
same side of the street shall be as shown on Table 32-2."
Section 138: Table 32-2 is hereby amended to read as follows: -
"TABLE 32-2
DRIVEWAY DESIGN SPECIFICATIONS
DRIVEWAY DRIVEW A Y
WIDTH I-WAY WIDTH 2-WAY
MINIMUM MIN. MAX.
TRANSITION DRIVEWAY
WIDTH THROA T DEPTH
MIN. _,MAX.
LAND USE
Single Family
and Duplexes***
24'*
3'
3'
n/a
n/a
12'
Multi-family
Residential
35'*
5'
8'
18'**
16'
24'
Commercial!
Public Land
16'
24'
35'*
8'
18'**
Industrial
16'
24'
35'*
8'
18'**
* Driveway widths and throat depths may be varied if no other reasonable alternative exists to
accommodate on-site development needs and traffic safety is not impaired.
** Measured from the face of curb to the first stall.
***Single driveways serving single family and duplex dwellings shall be paved for the first 18 feet
when abutting a curb and gutter street; these driveways may be graveled for the remainder of their
length. Driveways abutting unimproved streets shall be graveled."
Section 139: Table 32-3 is hereby amended to read as follows:
"T ABLE 32-3
CURB RETURN DRIVEWAY DESIGN SPECIFICA TIONS*
, DRIVEWAY
WIDTH
RADIUS OF
CURB
DRIVEWAY
THROAT DEPTH
.
.
.
LAND USE
Single family
and Duplexes
Multi-family
Residential
Commercial/
Public Land
Industrial
*
**
***
MIN. MAX.**
MIN. MAX.***
MINIMUM****
n/a
n/a
n/a
n/a
n/a
24'
30'
10'
20'
60'
24'
24'
35'
35'
15'
15'
35'
35'
60'
60'
Curb return driveways shall be used where the driveway will serve more than 1,000
vehicle trips per day in accordance with Institute of Transportation Engineer's Trip
Generation Informational Report. Driveways that serve less than 1,000 vehicle
trips per day shall be constructed with standard transitions.
Wider driveways may be perinitted to accommodate traffic demands and/or to
improve traffic safety.
Greater curb radii may be permitted where high volumes of large trucks' are
anticipated.
**** Measured from the face of the curb to the first stall or aisle."
Section 140: Table 32-4 is hereby amended to read as follows:
"T ABLE 32-4
MINIMUM SEPARATIONS BETWEEN A STANDARD DRIVEWAY AND THE
NEAREST INTERSECTION CURB RETURN ON THE SAME SIDE OF THE STREET.*
LAND USE
Industrial
Commercial!
Public Land
Multi-family
Residential
Single-family
Residential
and Duplexes
STREET TYPE
ARTERIAL
COLLECTOR
LOCAL
200'
200'
150'
200'
100'
75
200'
100'
75
200'
50'
30'
.
.
.
* Each category of street shall be considered separately. Distances may be reduced in the
following circumstances:
1. Access is from a one-way street.
2. The driveway is marked "right turn entrance only" and is designed to prevent two-way
traffic.
3. The driveway is marked "exit only" and is designed to prevent left turns.
4. In cases where an existing lot and/or use make compliance with these specifications
unreasonable, a new driveway or an existing driveway required to be relocated by this Code
shall be placed at the furthest point from the intersection curb return, considering both safety
and internal circulation requirements of the development."
Section 141: Section 32.085 is hereby amended by the addition of the following
section:
"32.085 INTERSECTIONS.
Intersections shall be designed and constructed in accordance with the City's Engineering
Design Standards and Procedures Manual and the following requirements.
(1)
In order to minimize traffic conflicts and provide for efficient traffic signalization,
intersections involving curb return driveways and streets, whether public or private,
shall be directly opposed, unless a Traffic Impact Study indicates that an offset
intersection benefits public safety to a greater degree.
(2) Streets shall be laid out so as to intersect as nearly as possible at right angles. The
angle of intersection between two intersecting streets shall be at least 80 degrees. At
intersections, each local street shall be straight or shall have a radius greater than 400
feet for a distance of 100 feet from each intersection. At intersections, each collector
or arterial street shall be straight or shall have a radius greater than 600 feet for a
distance of 100 feet from each intersection.
(3) The minimum offset between two local streets that do not have left turn storage needs
shall be 150 feet. The minimum offset between two streets other than local streets
shall be determined by the Public Works Director. Tables 32-5 and 32-6 discuss
minimum offset specifications where left turn storage needs are necessary. In all
cases, the minimum distances shall be the offset of the centerlines of side streets or
driveways. These minimums may be increased based on traffic safety considerations."
Section 142: Section 32.090 is hereby amended to read as follows:
"32 090 BIKE\Y A YS, PEDESTRIAN TRAILS AND ACCESSW A YS.
(1)
Bikeways. Development abutting existing or proposed bikeways identified in the
TransPlan or Springfield Bicycle Plan shall include provisions for the extension of
these facilities through the development area by the dedication of easements or rights of
.
way. The developer shall bear the cost of bikeway improvements, unless additional
property owners are benefited. In this case, other equitable means of cost distribution
may be approved by the City. Bikeways shall be designed and constructed in
accordance with the City's Engineering Design Standards and Procedures Manual.
(2)
Pedestrian Trails.
(a) Developments abutting existing or proposed pedestrian trails identified on the
adopted Willamalane Park and Recreation District Comprehensive Plan shall
provide for the future extension of such pedestrian trails through the dedication
of easements or right-of-way. Thy developer shall be responsible for trail
surfacing, as approved by the Wiliamalane Parks and Recreation District or the
City, as appropriate. Trails shall be constructed to allow for adequate drainage
and erosion control.
(b) In dedicating an easement or right-of-way for public trails, the owner shall
demonstrate compliance with the following criteria:
1.
Trail easements or right-of-way shall be 25 feet. This standard may be
reduced if the Planning Director finds this standard to be impractical
due to physical constraints. In all cases the adopted easement or right-
of-way must accommodate trails built to the standards adopted by the
City.
.
2. Trail easements or rights-of-way shall allow for future construction of
trails in accordance with specifications as to width and surfacing as
contained in the ODOT Bicycle and Pedestrian Plan and/or with the
City's Engineering Design Standards and Procedures Manual.
3. Trail easements or rights-of-way shall be located within a site in such a
manner as to allow the trail to be buffered from existing and proposed
dwellings on the site and on adjacent properties, and to maintain the
maximum feasible privacy for residents.
4. Trail easements or rights-of-way shall be located within a site so that
future trails construction will avoid parking and driveway areas and
other activity areas which might conflict with pedestrian movements.
5. Site area included within a trail easement or right-of-way shall be
counted as a portion of the landscaped and open space area required for
the proposed development.
(3) Accessways.
.
(a)
Where no public street access exists, accessways allow pedestrians and
bicyclists convenient linkages to adjacent streets, residential areas,
Q
~:
f".
.
neighborhood activity centers; industrial or commercial centers, transit
facilities, parks, schools, open space, or trails and paths. Accessways may also
be used as a secondary emergency access. Accessways shall be dedicated as
public right-of-way during the development review process.
EXCEPTIONS:
,1. There is an existing building or conditions on an abutting property that
makes the accessway impractical; or
2. There are slopes in excess of 30 percent.
(b) Accessways shall comply with the following design standards:
1. In the case where an accessway is proposed for only bicycle and/or
pedestrian travel, the right-of-way shall be a minimum of 12 feet wide
paved with either asphalt concrete or Portland Cement concrete. Any
necessary light standards shall be installed outside of the 12-foot
travelway, but within the public right-of-way.
2.
In the case where an accessway is proposed as a secondary access for
emergency vehicles or in combination with bicycle and/or pedestrian
travel, the right-of-way shall be 20 feet wide consisting of a 10 foot
wide area paved with either asphalt concrete or Portland Cement
concrete and with two additional 5 foot wide areas that may be turf
block, grass-crete or other similar permeable material approved by the
Public Works Director on a base of gravel capable of supporting fire
equipment weighing 80,000 pounds. Any necessary light standards
shall be installed outside the 20 foot travelway, but within the public
right-of-way.
3. In addition to the locational standards accessway lighting specified in
Subsections (b) 1. and 2. any street light installed in an accessway shall
be a City approved decorative streetlight.
(c) The Director may require improvements to existing unimproved accessways on
properties abutting and adjacent to the property to be divided and/or developed.
Where possible, the improvements to unimproved accessways shall continue to
the closest public-street or developed accessway. The developer shall bear the
cost of accessway improvements, unless other property owners are benefited.
In this case, other equitable means of cost distribution may be approved by the
City. Where possible, accessways may also be employed to accommodate
public utilities."
Section 143: Section 32.100, Subsections (1) and (5) are hereby amended to read as
follows:
.
"32.100 SANITARY SEWERS.
(1) Sanitary sewers shall be installed to serve each new development within the city limits
and to connect developments to existing mains. Installation of sanitary sewers shall
provide sufficient access for maintenance activities and shall comply with the
provisions of this Code, with the Public Works Standard Construction Specifications,
the City's Engineering Design Standards and Procedures Manual the Springfield
Municipal Code, 1997 and Department of Environmental Quality (D EQ) regulations.
(5) For proposed developments in unincorporated urbanizable land, the Lane
County Sanitarian shall approve all septic system designs."
Section 144: Section 32.120, Subsections (3) is hereby amended to read as follows:
"32.120 UTILITIES. .
(3) Each development area shall be provided with a water system having sufficiently
sized mains and lesser lines to furnish adequate supply to the development and
sufficient access for maintenance. Fire hydrants and mains shall be installed by the
developer as required by the Fire Marshal and the utility provider."
Section 145: The Article 34 Title page is hereby amended to read as follows:
. "ARTICLE 34
PARTITION STANDARDS
34.010 PURPOSE AND APPLICABILITY
34.020 TENT A TIVE PLAN REVIEW
34.030 TENTATIVE PLAN SUBMITTAL REQUIREMENTS
34.040 SUBDIVISION DETERMINATION
34.050 TENTATIVE PLAN CRITERIA OF APPROVAL
34.060 TENTATIVE PLAN WATER QUALITY PROTECTION
34.070 TENT AIVE PLAN CONDITIONS OF APPROVAL
34.080 PARTITION PLAT REVIEW
.
34.090 PARTITION PLAT SUBMITTAL REQUIREMENTS
34.100 PARTITION PLAT CRITERIA OF CITY APPROVAL
.
.
.
34.110 RECORDING THE PARTITION lLA T AT LANE COUNTY AND CITY
DEVELOPMENT APPROVAL"
Section 146: Section 34.010, Subsection (2) is hereby amended to read as follows and
Subsection (3) is hereby deleted:
"34.010 PURPOSE AND APPLICABILITY
(2) Applicability. The Partition process shall apply within the city limits and the City's
urbanizable area. No parcel may be created without being partitioned in accordance
with the standards of this Code. No development pennit will be issued by the City
prior to approval ofthe Partition Tentative Plan application.
EXCEPTION: As may be pennitted in the Springfield Municipal Code, 1997 and/or
by Resolution No. 03-40, the Director may issue a Land and Drainage Alteration
Pennit prior to approval of the Partition Tentative Plan."
Section 147: Section 34.030, Subsections (1)(f)-(1) are renumbered, and (6)(i) and (7)
are hereby amended to read as follows:
"34.030 TENT A TIVE PLAN SUBMITTAL REQUIREMENTS.
A Partition Tentative Plan shall contain the elements necessary to demonstrate that requirements
of this Code are being fulfilled. In the case of Partitions that involve the donation ofland to a
public agency, the Director may waive any submittal requirements that can be addressed as part
of a future development application during the Pre-Submittal Meeting.
(1) General Requirements.
(f). City boundaries, the Urban Growth Boundary (UGB) and any special service
district boundaries or railroad right-of-way, which cross or abut the proposed
partition.
(g) Applicable zoning districts and the Metro Plan designation of the proposed
partition and of properties within 100 feet of the boundary of the subject
property.
(h) The dimensions (in feet) and size (either in square feet or acres) of each parcel
and the approximate dimensions of each building site, where applicable, and
the top and toe of cut and fill slopes to scale.
(i) The location, outline to scale and present use of all existing structures to
remain on the property after platting and their required setbacks from the
proposed new property lines.
(D
The location and size of existing and proposed utilities and necessary
easements and dedications on and adjacent to the site, including sanitary sewer
.
.
.
mains, stonnwater management systems, water mains, power, gas, telephone,
and cable TV. Indicate the proposed connection points.
(k)
The locations widths and purpose of all existing or proposed easements on and
abutting the proposed partition; the location of any existing or proposed
reserve strips.
(I)
The locations of all areas to be'dedicated or reserved for public use, with the
purpose, condition or limitations of the reservations clearly indicated.
(6) Additional information and/or applications required at the time of Subdivision
Tentative Plan application submittal shall include the following items, where
applicable:
(i) A Geotechnical Report for slopes 15 percent or greater and in accordance with
Article 26 of this Code and/or if the required Site Assessment Section
34.030(2)(e) of this Article indicates the proposed development area has
unstable soils and/or high water table as specified in the Soils Survey of Lane
County.
(7)
The locationsand size of all existing and proposed utilities, including but not limited
to, sanitary sewer mains, storm drains, water lines, electric, telephone, TV cable, and
gas lines. In the case of multiple panhandle Partitions, include a utility plan showing
how the multiple panhandle parcels will be served by these utilities."
Section 148: Section 34.040, is hereby amended to read as follows:
"34.040 TENTATIVE PLAN SUBDIVISION DETERMINATION.
Ifthe Director detennines that a property has been or is in the process of being divided into 4 or
more lots, full compliance with the subdivision regulations specified in this Code may be required.
EXCEPTIONS.
(1) When the parcels of a partition can be redivided, a Future Development Plan may be
required as specified elsewhere in this Code.
(2) Land within the City's urbanizable area may be partitioned more than once as long as
no proposed parcel is less than 5 acres in size."
Section 149: Section 34.050 is hereby amended to read as follows:
"34.050 TENTATIVE PLAN CRITERIA OF APPROVAL.
The Director shall approve or approve with conditions a Tentative Plan application upon
determining that all applicable criteria of approval have been satisfied. If conditions cannot be
attached to satisfy the approval criteria Director shall deny the application. In the case of Partitions
.
.
.
that involve the donation ofland to a public agency, the Director may waive any approval criteria
upon detennining the particular criterion can be addressed as part of a future development
application.
(1) The request conforms to the reql;lirements of this Code pertaining to parcel size and
dimensions.
(2) The zoning is consistent with the Metro Plan diagram and/or applicable Refinement
Plan diagram, Plan District map, and Conceptual Development Plan.
(3) Capacity requirements of public improvements, including but not limited to, water and
electricity; sanitary sewer and stonnwater management facilities; and streets and traffic
safety controls shall not be exceeded and the public improvements shall be available to
serve the site at the time of development, unless otherwise provided for by this Code
and other applicable regulations. The Public Works Director or a utility provider shall
determine capacity issues.
(4) The proposed development shall comply with all applicable public and private design
and construction standards contained in this Code and other- applicable regulations to
ensure the connection to public utilities and the installation of streets.
(5)
Parking areas and ingress-egress points have been designed to: facilitate vehicular
traffic, bicycle and pedestrian safety to avoid congestion; provide connectivity within
the development area and to adjacent residential areas, transit stops, neighborhood
activity centers, and commercial, industrial and public areas; minimize curb cuts on
arterial and collector streets as specified in this Code or other applicable regulations and
comply with the ODOT access management standards for state highways.
(6) Physical features, including but not limited to, significant clusters of trees and shrubs,
watercourses shown on the Water Quality Limited Watercourse Map and their
associated riparian areas, wetlands, rock outcroppings and historic features have been
evaluated and protected as specified in this Code or other applicable regulations.
(7) Development of any remainder of the property under the same ownership can be
accomplished in accordance with the provisions of this Code.
(8) Adjacent land can be developed or is provided access that will allow its development
in accordance with the provisions of this Code.
(9) When no concurrent annexation application is submitted with a Partition Tentative
Plan on property that is outside of the city limits but within the City's urbanizable
area, the standards specified below shall also apply.
(a) The minimum area for the partitioning ofland -in the UF-l 0 Overlay District
shall be 10 acres.
(b)
EXCEPTIONS:
.
(.
.
.
1.
Any proposed new parcel between 5 and 10 acres shall require a Future
Development Plan as specified in Section 29.070(1)(c) for ultimate
development with urban densities as required in this Code.
2. In addition to the standards of Subsection (9)(b) 1, any proposed new
parcel that is less than 5 acres shall meet one of the following standards:
a. The property to be partitioned shall be owned or operated by a
governmental agency or public utility; or
b. A majority of parcels located within 100 feet of the property to
be partitioned shall be smaller than five acres.
3.
No more than three parcels shall be created while the property remains
within the UF-l 0 Overlay District, unless permitted by Section
34.040(2)."
Section 150: Section 34.070, Subsection (6) is hereby amended and Subsections (14)-
(16) are hereby amended by the addition of the following subsections:
"34.070 TENT A TIVE PLAN CONDITIONS OF APPROVAL.
To the extent necessary to satisfy the approval criteria of Section 34.050 of this Article, comply
with all applicable standards of this Code and to mitigate identified negative impacts to
surrounding properties, the Director shall impose conditions of approval. All conditions shall be
satisfied prior to Partition Plat approval. Conditions of approval may include, but are not limited
to:
(6) Phasing of development to match the availability of public facilities and services,
including but not limited to, water and electricity; sanitary sewer and stormwater
management facilities; and streets and traffic safety controls when these facilities and
services are near capacity, as determined by the Public Works Director or the utility
provider.
(14) Where there are multiple panhandle Partitions, compliance with approval criteria
Section 34.050(3) and (4) shall require construction of necessary utilities to serve all
approved panhandle parcels prior to recording the Partition Plat.
(15) Where there is a Partition with a concurrent annexation application, if there is an
existing dwelling, that dwelling shall connect to sanitary sewer prior to recording the
Partition Plat.
(16) Where there is a Partition with a panhandle parcel, if a noticed party requests
screening, a solid screen, in accordance with Section 31.160 of this Code shall be
provided along the property line of the abutting property and the proposed panhandle
driveway."
.
.
.
Section 151: Section 34.080 is hereby amended to read as follows:
"34.080 PARTITION PLAT REVIEW.
(1) Partition Plats shall be reviewed under Type I procedure.
EXCEPTION:
Until the intergovernmental Agreement with Lane County regulating planning outside
of the City Limits, but within Springfield's UGB is amended, Partition Plats for
partitions within Springfield's UGB shall be reviewed and approved by the Lane
County Surveyor.
(2) A complete application together with all required materials shall be submitted to the
Director prior to the review of the request as specified in Section 3.050, Application
Submittal."
Section 152: Section 34.090 is hereby amended to read as follows:
"34.090 PARTITION PLAT SUBMITTAL REQUIREMENTS.
(1)
The Partition Plat pre-submittal meeting shall be held within 1 year of the date of
Tentative Plan approval. The mylars and application fee shall be submitted within 180
days of the pre-submittal meeting. If the applicant has not submitted the Partition Plat
within these times, Tentative Plan approval shall become null and void and re-submittal
of the Tentative Plan shall be required.
EXCEPTION: The applicant may request an extension ofthe Partition Plat submittal
time line for up to one year. The applicant shall submit the request writing to the
Director no later than 30 days prior to the expiration ofthe Partition Tentative Plan
approval and shall explain why the request is necessary and demonstrate how the
Partition Plat application will be submitted within the requested extension time line.
The Director may grant or amend the request if a determination can be made that the
applicant is making progress on the Partition Plat application.
(2) The Partition Plat submittal shall:
(a) Be surveyed and monumented in accordance with ORS Chapters 92 and 209;
(b) Include documentation addressing all conditions of Tentative Plan approval.
Conditions may include showing the following information on the Partition
Plat: floodplain boundaries and spot elevations; riparian area boundaries;
building envelopes; and any other information required by the Director; and.
(c)
Comply with the submittal requirements of Section 3.050 of this Code and the
application form. The applicant shall also submit the following information:
.
.
.
1.
A copy of any deed restrictions.
2. A copy of any dedication requiring separate documents.
3. Boundary and lot closure computations and the total area of each lot and
any open space dedication in square feet or acres.
4. A statement of water rights.
5. A copy of any document required as a condition of Tentative Plan
approval.
6. A current title report."
Section 153: Section 34.100 is hereby amended to read as follows:
"34.100 PARTITION PLAT CRITERIA OF APPROVAL.
The Director, in consultation with the City Surveyor and City Engineer, shall approve or deny
the Partition Plat. Approval shall be based on compliance with the following approval criteria:
(1)
The City Surveyor has approved the Partition Plat for compliance with applicable
platting requirements in accordance with State law, Lane County ordinances and
any other applicable regulations.
(2) Streets, bicycle paths, accessways, and alleys for public use have been dedicated
without any reservation or restriction other than reversionary rights upon vacation.
(3) Public improvements, as required by this Code or as a condition of Tentative
Plan approval, are completed, or:
(a) A petition for public improvements and for the assessment of the real
property for the improvements has been signed by the property owner
seeking the partition and the petition has been accepted by the City
Engineer; or
(b) A performance bond or suitable substitute as agreed upon by the City
Engineer and the applicant has been filed with the City in an amount .
sufficient to assure the completion of all required public improvements.
(4) Public assessments, liens, and fees with respect to the partition have been paid, or:
(a) A segregation of assessments and liens has been applied for and granted by
the City, or
(b)
An adequate guarantee in a form acceptable to the City has been
.
provided assuring the liens, assessments and fees will be paid prior to
recording the final plat.
(5)
All conditions of Tentative Plan approval have been met and the Partition Plat
substantially conforms to the provisions of the approved Tentative Plan. "
Section 154: Section 34.110 is hereby amended to read as follows:
"34.110 RECORDING THE PARTITION PLAT AT LANE COUNTY AND CITY
DEVELOPMENT APPROVAL.
(1) After the Partition Plat has been signed by the City, the applicant's surveyor or other
designated person shall deliver the Plat to the Lane County Surveyor for recording.
(2) The applicant shall deliver a reproducible copy of the recorded Partition Plat to the City
Engineer. Once the City has proof that the Partition Plat has been recorded, the parcels
may be sold and the City may issue a Building Pennit."
Section 155: Section 34.120 is hereby deleted.
Section 156: The Article 35 Title page is hereby amended to read as follows:
"ARTICLE 35
. SUBDIVISION STANDARDS
35.010 PURPOSE AND APPLICABILITY
35.020 TENTATIVE PLAN REVIEW
35.030 TENTATIVE PLAN - GENERAL
35.040 TENTATIVE PLAN SUBMITTAL REQUIREMENTS
35.050 TENTATIVE PLAN CRITERIA OF APPROVAL
35.055 TENTAIVE PLAN - WATER QUALITY PROTECTION
35.060 TENTATIVE PLAN - CONDITIONS OF APPROVAL
35.070 RESERVED FOR FUTURE USE
35.080 SUBDIVISION PLAT REVIEW
35.090 SUBDIVISION PLAT SUBMITTAL REQUIREMENTS
. 35.100 SUBDIVISION PLAT CRITERIA OF CITY APPROVAL
.
.
.
Section 159: Section 35.040, Subsections (2)(g)-(m) and (13) and (14) are renumbered,
and (5), (6) and (8) are hereby amended to read as follows:
"35.040 SUBDIVISION STANDARDS TENTATIVE PLAN SUBMITTAL
REQUIREMENTS
A Subdivision Tentative Plan shall contain the elements necessary to demonstrate that
requirements of this Code are being fulfilled:
(1) General Requirements.
(g) City ~oundaries, the Urban Growth Boundary (UGB) and any special service
district boundaries or railroad right-of-way, which cross or abut the proposed
Subdivision.
(h) Applicable zoning districts and the Metro Plan designation of the proposed
Subdivision and of properties within 100 feet of the boundary of the subject
property.
(i) The dimensions (in feet) and size (either in square feet or acres) of each parcel
and the approximate dimensions of each building site, where applicable, and
the top and toe of cut and fill slopes to scale.
(j)
The location, outline to scale and present use of all existing structures to
remain on the property after platting and their required setbacks from the
proposed new property lines.
(k) The location and size of existing and proposed utilities and necessary
easements and dedications on and adjacent to the site, including sanitary sewer
mains, stormwater management systems, water mains, power, gas, telephone,
and cable TV. Indicate the proposed connection points.
(I) The locations widths and purpose of all existing or proposed easements on and
abutting the proposed Subdivision; the location of any existing or proposed
reserve strips.
(m) The locations of all areas to be dedicated or reserved for public use, with the
purpose, condition or limitations ofthe reservations clearly indicated.
(5) A Future Development Plan.
(a)
Where phasing is proposed, the Subdivision Tentative Plan shall include a
Future Development Plan as specified in Section 29.070(1)(c) that indicates
any proposed redivision, including the boundaries and sequencing of each
proposed redivision. Any phasing shall progress in a sequence that promotes
street connectivity between the various phases of the development and
accommodates other required public improvements, including but not limited
to, sanitary sewer stormwater management, water and electricity.
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35.110 RECORDING THE SUBDIVISION PLAT AT LANE COUNTY AND CITY
DEVELOPMENT APPROV AL"
Section 157: Section 35.010, Subsection (2) is hereby amended to read as follows and
Subsection (3) is hereby deleted:
"35.010 PURPOSE AND APPLICABILITY.
(2) Applicability. The Subdivision process shall apply within the city limits and the City's
urbanizable area. No lots may be created without being subdivided in accordance with
the standards ofthis Code. No development permit will be issued by the City prior to
approval of the Subdivision Tentative Plan application.
EXCEPTION: As may be pennitted in the Springfield Municipal Code, 1997 and/or
by Resolution No. 03-40, the Director may issue a Land and Drainage Alteration
Permit prior to approval ofthe Subdivision Tentative Plan."
Section 158: Section 35.030 is hereby amended to read as follows:
"35.030 TENT A TIVE PLAN - GENERAL.
In any residential land division, lots and blocks shall conform to the following standards:
(1)
The lot dimensions shall conform to the minimum standards of this Code. When lots
are more than double the minimum area pennitted by the district, the Director shall
require that such lots be arranged:
(a) To allow redivision; and
(b) To allow for the extension of streets to serve future lots.
(c) Placement of structures on the larger lots shall be subject to approval by the
Director upon a determination that the potential maximum density of the larger
lot is not impaired. In order to make this determination, the Director may
require a Future Development Plan as specified in Section 35.040(5) of this
Section.
(2) Double frontage lots shall be avoided, unless necessary to prevent access to
residential development from collector and arterial streets or to overcome specific
topographic situations.
(3) Panhandle lots shall comply with the standards specified in Section 16.030(6) ofthis
Code. In the case of multiple panhandles in Subdivisions, construction of necessary
utilities to serve all approved panhandle lots shall occur prior to recording the
Subdivision Plat.
(4)
Block length for local streets shall be as specified in Section 32.020 of this Code."
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(b)
A Future Development Plan may also be required as specified in Section
35.030(1) of this Article when large lots are proposed.
(6) Additional information and/or applications required at the time of Subdivision
Tentative Plan application submittal shall include the following items, where
applicable: '
(a) A brief narrative explaining the purpose of the proposed Subdivision and the
existing use of the property.
(b) For common wall divisions with an existing structure, a copy of a housing
inspection obtained through the Community Service Division.
(c) Ifthe applicant is not the property owner, written permission from the property
owner shall be required.
(d) A Vicinity Map drawn to scale showing bus stops, streets, curb cuts,
pedestrian connections, fire hydrants and other transportation/fire access issues
within 200 feet of the proposed Subdivision and all existing Subdivisions,
Partitions and tracts ofland immediately adjacent to the proposed Subdivision.
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(e)
A draft of proposed restrictions and covenants affecting the Subdivision,
where applicable.
(h) A Geotechnical Report for slopes 15 percent or greater and in accordance with
Article 26 of this Code and/or ifthe required Site Assessment Section
35.030(2)(e) ofthis Article indicates the proposed development area has
unstable soils and/or high water table as specified in the Soils Survey of Lane
County.
(8) The location and size of all existing and proposed utilities, including but not limited to,
sanitary sewer mains; storm drains; water lines; electric, telephone, TV cable"and gas
lines; and street lights. In the case of multiple panhandle lots in Subdivisions, include a
utility plan showing how the multiple panhandle lots will be served by these utilities.
(13) For Cluster Subdivision the following additional information shall be submitted with
the Tentative Plan:
(14) Where the Subdivision of a manufactured dwelling park or mobile home park is
proposed, the Director may waive certain submittal requirements specified in Section
(I) through (12) ofthis Section. However, the Tentative Plan shall address the
applicable standards listed under the park Subdivision approval criteria specified in
Section 35.050(9)."
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Section 160: Section 35.050 is hereby amended to read as follows:
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"35.050 TENT A TIVE PLAN - CRITERIA OF APPROVAL.
The Director shall approve or approve with conditions a Subdivision Tentative Plan application
upon determining that all applicable approval criteria of approval have been satisfied. If conditions
cannot be attached to satisfy the approval criteria, the Director shall deny the application.
(1) The request conforms to the requirements of this Code pertaining to lot size and
dimensions.
(2) The zoning is consistent with the Metro Plan diagram and/or applicable Refinement
Plan diagram, Plan District map, and Conceptual Development Plan.
(3) Capacity requirements of public improvements, including but not limited to, water and
electricity; sanitary sewer and stormwater management facilities; and streets and traffic
safety controls shall not be exceeded and the public improvements shall be available to
serve the site at the time of development, unless otherwise provided for by this Code
and other applicable regulations. The Public Works Director or a utility provider shall
determine capacity issues.
(4) The proposed development shall comply with all applicable public and private design
and construction standards contained in this Code and other applicable regulations to
ensure the connection to public utilities and the installation of streets.
(5) Parking areas and ingress-egress points have been designed to: facilitate vehicular
traffic, bicycle and pedestrian safety to avoid congestion; provide connectivity within
the development area and to adjacent residential areas, transit stops, neighborhood
. activity centers, and commercial, industrial and public areas; minimize curb cuts on
arterial and collector streets as specified in this Code or other applicable regulations and
comply with the ODOT access management standards for state highways.
(6) Physical features, including but not limited to, significant clusters oftrees and shrubs,
watercourses shown on the Water Quality Limited Watercourse Map and their
associated riparian areas, wetlands, rock outcroppings and historic features have been
evaluated and protected as specified in this Code or other applicable regulations.
(7) Development of any remainder of the property under the same ownership can be
accomplished in accordance with the provisions of this Code.
(8) Adjacent land can be developed or is provided a"ccess that will allow its development
in accordance with the provisions of this Code.
(9) Where the Subdivision of a manufactured dwelling park or mobile home park is
proposed, the following approval criteria shall apply:
(a)
The park was approved before July 2, 2001 and is in compliance with the
standards in Article 36 or other land use regulations in effect at the time the site
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was approved as a manufactured dwelling park or mobile home park; or the
park is an approved non-confonning use. In the latter case, a park is in
compliance if the City has not issued a notice of noncompliance on or before
July 2, 2001.
(b)
The number of lots proposed shall be the same or less than the number
of mobile home spaces previously approved or legally existing in the park.
(c)
The external boundary or setbacks of the park shall not be changed.
(d)
The use oflots, as shown on the Tentative Plan, shall be limited to the
installation of manufactured dwellings; i.e., "stick-built" houses shall be
prohibited.
(e)
Any other areas in the Subdivision other than the proposed lots shall be used as
common property, unless park streets have previously been dedicated to the
City or there are public utilities in the park. All common property shall be
addressed in a Homeowner's Association Agreement.
1. Areas that are used for vehicle circulation (streets), driveways that serve
more than two lots or common parking areas, shall be shown in a Tract
or easement on the Tentative Plan.
2.
All other services and utilities that serve more than one lot shall be in a
Tract or easement. Where a service or utility serves only one lot, but
crosses another, that service or utility shall also be in an easement
shown on the Tentative Plan.
3. Existing buildings in the park used for recreational, meetings or other
purposes for the park residents shall be in a Tract shown on the
Tentative Plan.
(f) Any public utilities shall be within a public utility easements.
(g) If public utilities or services are required to serve the Subdivision, the park
owner shall sign and execute a waiver of the right to remonstrate against the
formation of a local improvement district to provide the public utilities or
services."
Section 161: Section 35.060, Subsection (6) is hereby amended and Subsection (12) is
hereby amended by the addition of the following subsection:
"35.060 TENTATIVE PLAN - CONDITIONS OF APPROVAL.
To the extent necessary to, satisfy the approval criteria of Section 35.050 of this Article, comply
with all applicable standards of this Code and to mitigate identified negative impacts to
surrounding properties, the Director shall impose conditions of approval. All conditions shall be
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satisfied prior to Subdivision Plat approval. Conditions of approval may include, but not limited
to:
(6) Phasing of development to match the availability of public facilities and services,
including but not limited to, water and electricity; sanitary sewer and stomiwater
management facilities; and streets and traffic safety controls when these facilities and
services are near capacity, as detennined by the Public Works Director or the utility
provider.
(12) In the case of the Subdivision of a manufactured dwelling park or mobile home park,
the following conditions of approval shall be completed prior to the recording of the
Subdivision Plat;
(a) A Homeowners' Association Agreement shall be submitted that discusses the
maintenance for all common areas shown in Tracts, unless otherwise specified
in the Tentative Plan decision;
(b) The recording of any required public or private easements;
(c) The signing of a remonstrance waiver and establishment of a local improvement
district, if public utilities are required to serve the subdivision; and
(d)
Any other condition of approval required during the Tentative Plan review
process."
Section 162: Section 35.070 is hereby amended to read as follows:
"35.070 RESERVED FOR FUTURE USE."
Section 163: Section 35.080 is hereby amended to read as follows:
"35.080 SUBDIVISION PLAT REVIEW.
(1) Subdivision Plats shall be reviewed under Type I procedure.
(2) A complete application together with all required materials shall be submitted
to the Director prior to the review of the request as specified in Section 3.050,
Application Submitta1."
Section 164: Section 35.090 is hereby amended to read as follows:
"35.090 SUBDIVISION PLAT SUBMITTAL REQUIREMENTS.
(1)
The Subdivision Plat pre-submittal meeting shall be held within 2 years of the date of
Tentative Plan approval. The mylars and application fee shall be submitted within 180
days of the pre-submittal meeting. If the applicant has not submitted the Subdivision
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Plat within these times, Tentative Plan approval shall become null and void and re-
submittal of the Tentative Plan shall be required.
EXCEPTIONS:
(a) For most situations, the applicant may request an extension ofthe Subdivision
Plat submittal time line for up to two years. The applicant shall submit the
request writing to the Director no later than 30 days prior to the expiration of
the Subdivision Tentative Plan approval and shall explain why the request is
necessary and demonstrate how the Subdivision Plat application will be
submitted within the requested extension time line. The Director may grant or
amend the request if a determination can be made that the applicant is making
progress on the Subdivision Plat application.
(b) For a subdivision subject to Master Plan approval, where Subdivision Tentative
Plan approval is granted for the entire subdivision and then portions are allowed
to be platted in phases over time, the Director may allow consecutive 2 year
periods for the completion of each phase up to and not to exceed the duration of
the Master Plan. This issue shall be addressed as a condition of Subdivision
Tentative Plan approval under Section 35.060 of this Article. Where the agreed
to Subdivision Plat submittal time line can not be met, the applicant may submit
a time line extension as specified in Subsection (1 )(a), above.
(2)
The Subdivision Plat submittal shall:
(a) Be surveyed and monumented in accordance with ORS Chapters 92 and 209.
(b) Include documentation addressing all conditions of Tentative Plan approval.
Conditions may include showing the following information on the Partition
Plat: floodplain boundaries and spot elevations; riparian area boundaries;
building envelopes; and any other information required by the Director.
(c) Comply with the submittal requirements of Section 3.050 of this Code and the
application form. The applicant shall also submit the following information:
1. A copy of any deed restrictions.
2. A copy of any dedication requiring separate documents.
3. Boundary and lot closure computations and the total area of each lot and
any open space dedication in square feet or acres.
4. A statement of water rights.
5.
A copy of any document required as a condition of Tentative Plan
approval.
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6.
A current title report."
Section 165: Section 35.100 is hereby amended to read as follows:
"35.100 SUBDIVISION PLAT CRITERIA OF CITY APPROVAL.
The Director, in consultation with the City Surveyor and City Engineer shall, approve or deny
the Subdivision Plat. Approval shall be based on compliance with the following approval
criteria:
(1) The City Surveyor has approved the Subdivision Plat for compliance with applicable
platting requirements in accordance with State law, Lane County ordinances and
any other applicable regulations.
(2) Streets, bicycle paths, accessways, and alleys for public use have been dedicated
without any reservation or restriction other than reversionary rights upon vacation.
(3) Public improvements, as required by this Code or as a condition of Tentative
Plan approval, are completed, or:
(a)
A petition for public improvements and for the assessment of the real
property for the improvements has been signed by the property owner
seeking the Subdivision and the petition has been accepted by the City
Engineer; or
(b) A performance bond or suitable substitute as agreed upon by the City
Engineer and the applicant has been filed with the City in an amount
sufficient to assure the completion of all required public improvements.
(4) Public assessments, liens, and fees with respect to the Subdivision have been paid,
or:
(a) A segregation of assessments and liens has been applied for and granted by
the City, or
(b) An adequate guarantee in a form acceptable to the City has been
provided assuring the liens, assessments and fees will be paid prior to
recording the final plat.
(5) All conditions of Tentative Plan approval have been met and the Subdivision Plat
substantially conforms to the provisions of the approved Tentative Plan. "
Section 166: Section 35.110 is hereby amended to read as follows:
"35.110 RECORDING THE SUBDIVISION PLAT AT LANE COUNTY AND CITY
DEVELOPMENT APPROVAL.
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(1)
After the Subdivision Plat has been signed by the City, the applicant's surveyor or other
designated person shall deliver the Plat to the Lane County Surveyor for recording.
(2) The applicant shall deliver a reproducible copy of the recorded Subdivision Plat to the
City Engineer. Once the City has proof that the Subdivision Plat has been recorded, the
lots may be sold and the City may issue a Building Permit."
Section 167: Sections 35.120 and 35.130 are hereby deleted.
Section 168: Section 37.010, Subsection (1) is hereby amended to read as follows:
"37.010 PURPOSE.
(1) A Master Plan is a comprehensive plan that allows phased development of a specific
development area over several years in accordance with the provisions ofthis Code for
public, commercial, industrial or residential development. A Master Plan, in this
context, is specific to this Code and not considered to be a refinement plan or any other
similar subset of the Metro Plan. By addressing public service impacts and
development requirements at the time of approval of Master Plan, such impacts and
requirements need not be readdressed at subsequent phases and the developer may rely
on the Master Plan approval in implementing the development."
Section 169: Section 37.020 is hereby amended to read as follows:
"37.020 REVIEW.
(1) Master Plans shall be reviewed under Type III procedure, unless the Director
determines that the application should be reviewed as a Type IV decision by the City
Council due to the complexity ofthe application.
. (2) A Pre-Application Report application as specified in Article 3 ofthis Code shall be
required prior to submittal of a Master Plan application.
(3) A complete application together with all required materials shall be submitted to the
Director prior to the review of the request in accordance with Section 3.050,
Application SubmittaL"
Section 170: Section 37.040 is hereby amended to read as follows:
"37.040 CRITERIA.
A Master Plan may be approved if the Planning Commission finds that the proposal conforms with
all of the following approval criteria. In the event of a conflict with approval criteria in this
Subsection, the more specific requirements shall apply.
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(1)
The zoning of the property shall be consistent with the Metro Plan diagram and/or
applicable Refinement Plan diagram, Plan District map, and Conceptual Development
Plan;
(2) The request as conditioned shall conform to applicable Springfield Development Code
requirements, Metro Plan policies, Refinement Plan, Plan District, and Conceptual
Development Plan policies.
(3) Proposed on-site and off-site public and private improvements shall be sufficient to
accommodate the proposed phased development and any capacity requirements of
public facilities plans; and provisions shall be made to assure construction of off-site
improvements in conjunction with a schedule of the phasing.
(4) The request shall provide adequate guidance for the design and coordination offuture
phases;
(5) Physical features, including but not limited to, significant clusters of trees and shrubs,
watercourses shown on the Water Quality Limited Watercourse (WQLW) Map and
their riparian areas, wetlands, open spaces; and areas of historic and/or archaeological
significance as may be specified in Article 30 of this Code or ORS 97.740-760,
358.905-955 and 390.235-240 shall be protected as specified in this Code or in state or
F ederallaw; and
(6)
Local public facilities plans and local street plans shall not be adversely impacted by
the proposed development."
Section 171: The Article 38 Title page is hereby amended to read as follows:
"ARTICLE 38
TREE FELLING STANDARDS
38.010 PURPOSE
38.015 APPLICABILITY
38.020 REVIEW
38.030 PLOT PLAN REQUIREMENTS
38.040 STANDARDS
38.050 CONDITIONS OF APPROVAL"
Section 172: Section 38.010 is hereby amended to read as follows:
"38.010 PURPOSE.
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to
This Article ensures that tree felling is in accordance with Metro Plan policies which call for the
retention of natural vegetation, natural water features and drainageways, scenic quality, wildlife
habitat and archaeological sites to the maximum extent possible on urbanizable land. Timber
harvesting is secondary to preservation of other natural resources and cultural values within the
Urban Growth Boundary. The natural amenities of developable properties are to be retained to
enhance their future urban use in the Metropolitan Area General Plan, until these properties are
ready for urban development. Significant tree removal is pennitted only when specific
development plans have been approved by the City, consistent with plan policies and City
development regulations. Interim removal of trees may be permitted to the extent that such
removal does not significantly detract from the natural and cultural amenities that make a particular
site attractive for future urban development."
Section 173: Section 38.015 is hereby amended by the addition of the following
section:
"38.015 APPLICABILITY.
The provisions of this Article apply within the city limits and the City's urbanizable area. A Tree
Felling Pennit shall be required prior to the felling of more than five trees 5" dbh (diameter at
breast height) or larger within a period of 12 consecutive months from a lot/parcel of private
property under common ownership consisting of 10,000 square feet or more of total area.
. EXCEPTIONS:
No Tree Felling Permit shall be required in the following instances:
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(1) The action of the Director and/or Public Works Director or any public utility
necessary to remove or alleviate an immediate danger to life or property, to restore
utility service or to reopen a public street to traffic.
(2) Any felling necessary to install or maintain improvements such as streets and sewers
within publicly owned and accepted rights-of-way or utility easements pursuant to
approved construction plans or encroachment permits.
(3) Felling of trees that obstruct vision clearance at intersections as specified in Section
32.070 of this Code.
(4) Where a Tree Felling Permit has been issued that includes a tree protection plan
incorporating a procedure for tree removal, or designating specific trees to be
removed within established building envelopes identified in an approved subdivision
or partition no additional Tree felling Permit shall be required"
Section 174: 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 a separate, distinct and individual
provision and such holding shall not affect the validity of the remaining portions hereof.
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Section 175: Declaration of Emergency. It is hereby found and declared that matters
pertaining to the amendment of, and additions to the Springfield Development Code affect the
public health, safety and welfare of the City of Springfield and that this Ordinance shall,
therefore, take effect immediately upon its passage by the Council and approval by the Mayor.
ADOPTED by the Common Council of the City of Springfield by a vote of ~ for and
---2- against, this 18tlrlayof July ,2005.
APPROVED by the Mayor of the City of Springfield, this 18th day of July
2005.
ATTEST:
~X~
City Recorde
Rt7:VIEWED t1 t\PPROVEr>>
,IV",; '"() FORM
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D(:"F!CE OF CITY ATTORNEY