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HomeMy WebLinkAboutOrdinance 6062 07/21/2003 . . . ORDINANCE NO. 6062 (General) AN ORDINANCE AMENDING THE SPRINGFIELD DEVELOPMENT CODE, ARTICLE 2 DEFINITIONS, BY AMENDING PORTIONS OF SECTION 2.020; ARTICLE 3 BY AMENDING THE TITLE PAGE AND SECTION 3.040; ARTICLE 33 PROPERTY LINE ADJUSTMENT STANDARDS BY AMENDING EXISTING SECTIONS AND ADDING NEW SECTIONS, ADDING ARTICLE 42 REPlAT STANDARDS; AND AMENDING APPENDIX 1, FEES RELATING TO REPlATS AND TYPE II SERIAL PROPERTY LINE ADJUSTMENTS; AND ADOPTING A SEVERABILITY CLAUSE. 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, the intent of the proposed SDC amendments is to bring the SDC into compliance with Oregon Revised Statutes (ORS), specifically ORS 92 pertaining to processing Partition, Subdivision, Property Line Adjustment and Replat applications and case law, specifically Wart v. Coos County Land Use Board of Appeals Final Opinion and Order No. 2002-087, which gives direction concerning the review of individual and serial (multiple) Property Line Adjustment applications; and WHEREAS, Article 8 of the SDC sets forth procedures for the amendment of this document; and WHEREAS, on June 10, staff presented a brief overview of the proposed SDC amendments to the Midwest Chapter of the Professional Land Surveyors of Oregon and received no negative comments. WHEREAS, on June 18, staff met with Roxie Cuellar of the Lane County Home Builders Association to discuss the proposed SDC amendments and received no negative comments. WHEREAS, on July 1, 2003, the Springfield Planning Commission held a work session and public hearing on this SDC amendment request (Jo. No. LRP 2003-00017); and WHEREAS, on July 7, 2003, the Springfield City Council held a work session and public hearing and is now ready to take action on this matter based upon the recommendation from the Planning Commission 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 DOES ORDAIN AS FOLLOWS: Section 1: SPRINGFIELD DEVELOPMENT CODE ARTICLE 2 DEFINITIONS, SECTION 2.020 MEANING OF SPECIFIC WORDS AND TERMS is hereby amended or terms added as described below: "FINAL SURVEY. The recorded survey of a property line adjustment which contains information necessary to comply with this Code and any conditions of approval resulting from review of the Preliminary Survey." "The term "lOT LINE ADJUSTMENT." is hereby deleted." ,"PARCEL This term includes a unit of land created by partitioning land as defined in ORS 92.010 that is in compliance with this Code and in the case of Property Line Adjustments, properties created by deed or land sales contract, if there were no applicable planning, zoning or partitioning ordinances or regulations. A Parcel does not include a unit of land created solely to establish a separate tax account." Ordinance 6062 Page 1 . . . "PARTITION lAND. The division of land into 2 or 3 parcels within a calendar year, but does not include: A. A division of land resulting from a lien foreclosure, foreclosure of a recorded contract for the sale of real property or the creation of cemetery lots. B. An adjustment of a property line (Lot Line Adjustment) by the relocation of boundaries where an additional unit of land is not created and where the existing unit of land reduced in size by the adjustment is not in conflict with any applicable ordinance: or C. A sale or grant by a person to a public agency or public body for state highway, county road, city street or other right of way purposes provided that such road or right of way complies with the applicable comprehensive plan and ORS 215.213(2)(q) to (s) and 215.283(2)(p) to (s). However, any property divided by the sale or grant of property for state highway, county road, city street or other right of way purposes shall continue to be considered a single unit of land until such time as the property is further subdivided or partitioned; D. The division of land resulting from the recording of a subdivision or condominium plat; or E. A sale or grant by a public agency or public body of excess property resulting from the acquisition of land by the state, a political subdivision or special district for highways, county roads, city streets or other right of way purposes when the sale or grant is part of a property line adjustment incorporating the excess right of way into adjacent property. The property line adjustment shall be approved or disapproved by the applicable local government. If the property line adjustment is approved, it shall be recorded in the deed records of the county where the property is located." "PROPERTY LINE ADJUSTMENT. The relocation of a common property line between two abutting properties." "RELOCATION. A shift or rotation of a common boundary between two abutting lots or parcels." "REPlAT. The act of platting the lots, parcels and easements in a recorded subdivision or partition plat to achieve a reconfiguration of the existing subdivision or partition plat or to increase or decrease the number of lots in the subdivision." Section 2: SPRINGFIELD DEVELOPMENT CODE ARTICLE 3 DEVELOPMENT APPROVAL AND LAND USE DECISION PROCEDURES, the Title Page is hereby amended as described below: "ARTICLE 3 DEVELOPMENT APPROVAL AND LAND USE DECISION PROCEDURES 3.010 DEVELOPMENT APPROVAL - REQUIRED 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 Ordinance 6062 Page 2 . . . 3.070 REVIEW - TYPE I PROCEDURE 3.080 REVIEW - TYPE II PROCEDURE 3.090 REVIEW - TYPE III PROCEDURE 3.100 REVIEW - TYPE IV PROCEDURE" Section 3: SPRINGFIELD DEVELOPMENT CODE ARTICLE 3 DEVELOPMENT APPROVAL AND LAND USE DECISION PROCEDURES, SECTION 3.040 THE DEVELOPMENT ISSUES MEETING, THE PRE-APPLICATION REPORT AND THE PRE-SUBMITTAL MEETING is hereby amended as described below: "SECTION 3.040 THE DEVELOPMENT ISSUES MEETING, THE PRE-APPLICATION REPORT AND THE PRE-SUBMITTAL MEETING. Pre-Application Options. The City has established 3 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. (2) Pre-Application Report. The purpose of the Pre-Application Report is to give a prospective applicant the opportunity to discuss an entire development proposal with City staff. This meeting is recommended for large and/or complex proposals to avoid unanticipated costs or delay during the formal application process. The Pre-Application Report is voluntary. Exception: The Pre-Application Report shall be required for Master Plan application as specified in Section 37.020(2). (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 of the application including but not limited to: transportation, stormwater management, sanitary sewer facilities, and landscaping. The Pre-Submittal Meeting shall be mandatory for all Site Plan Review and Subdivision applications and only those Partition applications that abut Water Quality Limited Watercourses, are in the Hillside Overlay District or include double panhandle or access easement proposals. The Pre- Submittal Meeting shall be required even if the meetings specified in Subsections (1) and (2) of this Section have been utilized. Ordinance 6062 Page 3 . Section 4: SPRINGFIELD DEVELOPMENT CODE ARTICLE 33 LOT LINE ADJUSTMENTS, the Title Page is hereby amended as described below: "ARTICLE 33 PROPERTY LINE ADJUSTMENT STANDARDS 33.010 PURPOSE 33.020 APPLICABILITY 33.030 SPECIAL SITUATIONS 33.040 REVIEW 33.050 PRELIMINARY SURVEY DRAFTING REQUIREMENTS 33.060 CRITERIA OF APPROVAL 33.070 PRELIMINARY APPROVAL 33.080 CONDITIONS OF APPROVAL 33.090 FINAL SURVEY SUBMITTAL, COMPLIANCE WITH CONDITIONS OF APPROVAL AND RECORDATION OF DOCUMENTS 33.100 EXPIRATION OF APPROVAL" Section 5: SPRINGFIELD DEVELOPMENT CODE ARTICLE 33 PROPERTY LINE ADJUSTMENTS, SECTION, 33.010 PURPOSE is hereby amended as described below: . "33.010 PURPOSE. These regulations are intended for the review of Property Line Adjustments and are separate from Lane County Deeds and Records lot and/or parcel consolidation policies. A Property Line Adjustment is the relocation of a common boundary between two abwtting properties. A Serial Property Line Adjustment is the relocation of more than one common property line involving two or more abutting properties. Serial Property line Adjustments can be reviewed individually or combined in a single application as specified in Section 33.040 of this Article." Section 6: SPRINGFIELD DEVELOPMENT CODE ARTICLE 33 PROPERTY LINE ADJUSTMENTS, SECTION 33.020 APPLICABILITY is hereby amended as described below: "SECTION 33.020 APPLICABILITY. (1 ) This Article applies to Property Line Adjustments involving lots and parcels within the City and its urban services area. (2) Property Line Adjustments may occur within a recorded Subdivision or Partition in accordance with this Article as long as the adjustment is not a reconfiguration of or an increase or decrease of the number of lots in a subdivision. In these cases, the Replat review process specified in Article 42 of this Code shall apply." . Ordinance 6062 Page 4 . . . Section 7: : SPRINGFIELD DEVELOPMENT CODE ARTICLE 33 PROPERTY LINE ADJUSTMENTS, SECTION 3.030 SPECIAL SITUATIONS is hereby amended as described below: "SECTION 3.030 SPECIAL SITUATIONS. (1) Where the elimination of a lot or parcel line is desired within the boundary of a recorded Subdivision or Partition, the following options are available: (a) A Replat shall be processed in accordance with Article 42 of this Code; or (b) A Plat Vacation shall be processed in accordance with Article 9 of this Code. (2) Where property owner desires to construct a building over a common property line, and there are no easements abutting that property line, or a primary structure is proposed on one lot or parcel and a secondary structure is proposed on the other, the Director may require a deed restriction during the building permit and/or Site Plan Review process that allows the construction of these structures. The lots or parcels under the deed restriction shall be sold as one unit of land, unless the structures are removed. (3) The allocation of vacated public right-of-way to abutting properties as specified in ORS 271.140 and processed in accordance with Article 9 of this Code or a sale or grant of public right-of-way by the City in accordance with ORS 92.010(7)(e) shall not be considered to be a Property Line Adjustment and thus not subject to the provisions of this Article. (4) A Property Line Adjustment will not remove relocate or replace any public easements on the lots or parcels." Section 8: SPRINGFIELD DEVELOPMENT CODE ARTICLE 33 PROPERTY LINE ADJUSTMENTS, SECTION 33.040 REVIEW is hereby amended as described below: "SECTION 33.040 REVIEW. (1) Property Line Adjustments shall be reviewed under Type I procedure. (2) Serial Property Line Adjustments may be combined into a single application. If the latter occurs, serial Property Line Adjustments shall be reviewed under Type II procedure. (3) A complete application together with all required materials shall be accepted by the Director prior to the review of the request as specified in Section 3.050, Application Submittal." Section 9: SPRINGFIELD DEVELOPMENT CODE ARTICLE 33 PROPERTY LINE ADJUSTMENTS, SECTION 33.050 PRELIMINARY SURVEY DRAFTING REQUIREMENTS is hereby amended as described below: "SECTION 33.050 PRELIMINARY SURVEY DRAFTING REQUIREMENTS. (1) The Preliminary Survey shall be prepared, stamped and signed by an Oregon registered Land Surveyor. The format of the Preliminary Survey and the data to be shown shall be as follows: Ordinance 6062 Page 5 (a) The Preliminary Survey shall be drawn in compliance with ORS 92. . (b) The scale shall be appropriate to the area involved and the amount of detail and data, normally 1" = 20', 1" = 50' or 1" = 1 00'. (c) A north arrow, date of preparation and shall include in the title the following "Proposed Property Line Adjustment Survey." (d) The name and address of the property owners, and the applicant, if different. (e) A drawing of the boundaries of the lots or parcels involved to include dimensions and square footage calculations. (f) The zoning and plan designation of the lots or parcels. (g) The existing property line and proposed property line clearly differentiated by line type. ' (h) The location and outline to scale of all existing structures to include their required setbacks from the property boundaries and those from the proposed property line. (i) The locations, widths and names of all existing streets, alleys, or other rights of way within or adjacent to the lots or parcels and the location and width of driveways. U) The location of all public and private easements and utility lines within or crossing the lots or parcels. For properties outside the city limits but within the urban services area, the septic and drain fields shall be shown. . (k) Reference to the recorded Subdivision or Partition by name or reference number and blocks, lots and parcel numbers, where applicable. (2) The following additional information shall be submitted with the Preliminary Survey: (a) A brief narrative explaining reason for the proposed Property Line Adjustment and the existing use of the lots or parcels. (b) A copy of the current deeds for the lotsor parcels. (c) If the applicant is not the property owner, written permission from all property owners shall be required. (d) A daft of the Property Line Adjustment deeds. For serial Property Line Adjustments are reviewed under Type II procedure, separate deeds shall be prepared for each adjustment. (e) For serial Property Line Adjustments reviewed under Type II procedure, the following shall be submitted: 1. A written explanation of the sequencing of adjustments; and 2. A diagram identifying each adjustment, in sequence, cross referenced to the Property Line Adjustment deeds required in Subsection (c), above." . Ordinance 6062 Page 6 . . . Section 10: SPRINGFIELD DEVELOPMENT CODE ARTICLE 33 PROPERTY LINE ADJUSTMENTS, SECTION 33.060 CRITERIA OF APPROVAL is hereby amended as described below: "SECTION 33.060 CRITERIA OF APPROVAL. The Director shall approve, approve with conditions, or deny the Property Line Adjustment application. Approval or approval with conditions shall be based on compliance with the following criteria. The Property Line Adjustment shall not: (1) Create a new lot or parcel; (2) Create a landlocked lot or parcel; (3) Reduce an existing lot or parcel below the minimum size standard or reduce setbacks below the minimum established by the applicable zoning districts in this Code; (4) Violate any previous conditions the Approval Authority may have imposed on the lots or parcels involved in the application; (5) Detrimentally alter the availability of existing public and/or private utilities to each lot or parcel in the application or to abutting lots or parcels; or (6) Increase the degree of non-conformity of each lot, parcel or structure that is non-conforming at the time of application." Section 11: SPRINGFIELD DEVELOPMENT CODE ARTICLE 33 PROPERTY LINE ADJUSTMENTS, SECTION 33.070 PRELIMINARY APPROVAL is hereby added as described below: "SECTION 33.070 PRELIMINARY APPROVAL. (1) If the Director determines that the Preliminary Survey satisfies the criteria of approval in Section 33.060 of this Article, or that conditions are necessary to satisfy the requirements of this Code, then the applicant shall be notified in writing and may proceed with the preparation of the required Final Survey. (2) If the Director determines that the Preliminary Survey does not comply with the provisions of this Code, then the application shall be denied and the applicant so notified in writing." Section 12: SPRINGFIELD DEVELOPMENT CODE ARTICLE 33 PROPERTY LINE ADJUSTMENTS, SECTION 33.080 CONDITIONS OF APPROVAL is hereby added as described below: "SECTION 33.080 CONDITIONS OF APPROVAL. (1) The following conditions of approval shall be required: (a) (b) The submittal of a Final Survey; and Property Line Adjustment deeds as specified in Section 33.090(4) of this Article. Ordinance 6062 Page 7 . . . (2) The following conditions of approval may be required: (a) A public or private utility easement may be required to be vacated, relocated or created. (b) A joint use/access and/or parking agreement. (c) The signing of an Improvement Agreement for frontage improvements." Section 13: SPRINGFIELD DEVELOPMENT CODE ARTICLE 33 PROPERTY LINE ADJUSTMENTS, SECTION 33.090 FINAL SURVEY SUBMITTAL, COMPLIANCE WITH CONDITIONS OF APPROVAL AND RECORDATION OF DOCUMENTS is hereby added as described below: "SECTION 33.090 FINAL SURVEY SUBMITTAL, COMPLIANCE WITH CONDITIONS OF APPROVAL AND RECORDATION OF DOCUMENTS. (1) A Final Survey shall be prepared, stamped and signed by an Oregon registered Land Surveyor in accordance with ORS 92.010 (7)(b), ORS 92.060(3) and ORS 209.250. , (2) One copy of the Final Survey shall be delivered to the Development Services Department together with any conditioned documents. (3) Once the Director and City Surveyor have certified that all conditions listed under Preliminary Survey approval have been met, the Final Survey may be recorded at the Lane County Surveyor's Office. (4) The owners of the lots or parcels included in the application shall record with Lane County Deeds and Records Property Line Adjustment deeds, as specified in ORS 92.190(4). The Property Line Adjustment deeds shall contain the names of the parties, the description of the adjusted line, references to original recorded documents and signatures of all parties with proper acknowledgment. The Property Line Adjustment deeds shall also identify the Planning file number and shall contain a statement declaring that the purpose of the deeds is for a Property Line Adjustment. Reference to the affected properties by map and tax lot number shall be in addition to reference by legal description. In the case of serial Property Line Adjustments processed under Type II procedure, each Property Line Adjustment deed for the lots or parcels in the series shall be recorded separately, in the sequence of City approval. (5) A copy of the recorded Final Survey and deeds shall be delivered to the Development Services Department together with any other recorded documents that may have been required as a condition of approval." Section 14: SPRINGFIELD DEVELOPMENT CODE ARTICLE 33 PROPERTY LINE ADJUSTMENTS, SECTION 33.100 EXPIRATION OF APPROVAL is hereby added as described below: "SECTION 33.100 EXPIRATION OF APPROVAL. The Property Line Adjustment preliminary approval shall become null and void if: (1) The Final Survey and any conditions of approval have not been submitted to the City in a complete form within 90 days of the date of Preliminary Survey approval; or Ordinance 6062 Page 8 . . . (2) The Final Survey is 'not submitted to the Lane County Surveyor within 30 days of the City approval; or (3) The Property Line Adjustment deed or other conditioned documents have not been recorded with Lane County Deeds and Records with the Final Survey." Section 15: SPRINGFIELD DEVELOPMENT CODE ARTICLE 42 REPLAT STANDARDS, the Title Page is hereby added as described below: "ARTICLE 42 REPLA T STANDARDS 42.010 PURPOSE 42.020 APPLICABILITY 42.030 SPECIAL SITUATIONS 42.040 REVIEW 42.050 REPLAT PROCESSING" Section 16: SPRINGFIELD DEVELOPMENT CODE ARTICLE 42 REPLAT STANDARDS, SECTION 42.010 PURPOSE is hereby added as described below: "SECTION 42.010 PURPOSE. These regulations are intended for the review of Replats. A Replat is the act of platting the lots, parcels and easements in a recorded Subdivision or Partition Plat to achieve a reconfiguration of the existing Subdivision or Partition Plat or to increase or decrease the number of lots in the subdivision." Section 17: SPRINGFIELD DEVELOPMENT CODE ARTICLE 42 REPLAT STANDARDS, SECTION 42.020 APPLICABILITY is hereby added as described below as described below: "SECTION 42.020 APPLICABILITY. (1) This Article applies to all Replats in recorded Subdivisions and Partitions within the City and its urban services area. (2) Exception: The relocation of a common boundary line between lots or parcels within a recorded Subdivision or Partition shall not be considered a Replat. A Property Line Adjustment may occur within a recorded Subdivision or Partition in accordance with Article 33 of this Code." Section 18: SPRINGFIELD DEVELOPMENT CODE ARTICLE 42 REPLAT STANDARDS, SECTION 42.030 SPECIAL SITUATIONS is hereby added as described below: "SECTION 42.030 SPECIAL SITUATIONS. A Replat is permitted only within a recorded Subdivision or Partition. A Replat shall not be used to vacate public right-of-way or the outer boundary of a recorded Subdivision or Partition. In these cases, a concurrent Vacation application shall be reviewed under Type IV Review in accordance with Article 9 of this Code." Ordinance 6062 Page 9 . . . Section 19: SPRINGFIELD DEVELOPMENT CODE ARTICLE 42 REPLAT STANDARDS, SECTION 42.040 REVIEW is hereby added: "SECTION 42.040 REVIEW. (1) Replat Plats shall be reviewed under Type I procedure. (2) Replat Tentative Plans shall be reviewed under Type II procedure. (3) In addition to the Type II notice requirements specified in Section 3.080 of this Code, when a utility easement is proposed to be realigned, reduced or increased in width or omitted by a Replat, all affected utility companies shall also be notified. Any utility company that desires to maintain an easement subject to vacation under this Article shall notify the City in writing within 14 days of the mailing of the notice. (4) A complete application together with all required materials shall be accepted by the Director p.rior to the review of the request as specified in Section 3.050, Application Submittal." Section 20: SPRINGFIELD DEVELOPMENT CODE ARTICLE 42 REPLAT STANDARDS, SECTION 42.050 REPLAT PROCESSING is hereby added as described below: "SECTION 42.050 REPLA T PROCESSING. A Replat Tentative Plan and Plat shall comply with all current Subdivision and Partition provisions as specified in Articles 35 and 34 of this Code. Exceptions: (1 ) All of the following additional information shall be required on the Replat Tentative Plan; Items (a) - (c) shall also be required on the Replat Plat: (a) The word "Replat" shall be shown in the title block; (b) The name or reference number of the previo~s Plat and any additional recording information shall be retained in the title of the Replat; (c) Blocks, lots and portions thereof which are being replatted shall be identified, where applicable; (d) Original Plat information being deleted, abandoned, or changed by the Replat shall be shown lightly sketched or dotted on the drawing with a note of explanation; (e) Any Replat of existing lots or parcels containing buildings shall show existing building outlines including, their setbacks from the proposed property lines, and lot coverage requirements, where applicable." (2) The Director may exempt certain aspects of and/or reports required at Replat Tentative Plan submittal, if a finding is made that the exemption will not have an adverse impact on public i safety. However, the applicant must submit a written request for an exemption to the Director prior to submittal of the Replat Tentative Plan. Ordinance 6062 Page 10 . . . (3) If the existing Subdivision or Partition abuts a Water Quality Limited Watercourse (WQLW), as shown on the WQL W Map on file in the Development Services Department, the water quality protection specified in Section 35.055 or Section 34.060 of this Code shall not apply to the Replat Tentative Plan where that Plan includes one or' more existing single family dwellings or duplexes in the Low Density Residential district on lots or parcels 10,000 square feet in size or less. However, the water quality protection specified in Section 35.055 or Section 34.060 of this Code shall apply if the intent of the Replat Tentative Plan is to create additional lots or parcels and/or if the size of the lots or parcels containing existing single family dwellings or duplexes is increased to more than 10,000 square feet in size." Section 21: SPRINGFIELD DEVELOPMENT CODE, APPENDIX 1 DEVELOPMENT CODE FEES is hereby amended as described below: Type I Review Urban Transition Area City Limits "Partition and Partition Replat Plat $ 942 "Subdivision and Subdivision Replat Plat $1,530 $ 942" N/A" Type" Review "Partition and Partition Replat Tentative Plan $1,600 "Subdivision and Subdivision Replat Tentative Plan $2,610 + 107/10t "Delete: Subdivision or Partition Tentative Replat $ 241 "Add: Serial Property Line Adjustments $ 482 $2,062" $3,175+& 107 Ilot" $ 321" $ 642" Section 22: A severability clause is hereby added as described below: .Section 22: 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. . ADOPTED by the Common Council of the City of Springfield by a vote of ~ for and ~ against, this 21stday of July, 2003. APPROVED by the Mayor of the City of Springfield, this ATTEST: ,2003. CitY~X~ REVIEWED & APPROVED AS~ ~(Q. AM ..J \ ~e"'\~ ~\.~ DATE: ., \ \C 1'2~ OFFICE OF CITY ATTORNEY Ordinance 6062 Page 11