HomeMy WebLinkAboutOrdinance 6384 06/25/2018 CITY OF SPRINGFIELD, OREGON
ORDINANCE NO. 6384 - (GENERAL)
AN ORDINANCE AMENDING THE SPRINGFIELD DEVELOPMENT CODE TO ALLOW
ACCESSORY DWELLING UNITS IN THE URBANIZABLE FRINGE OVERLAY ZONE BY
AMENDING PROVISIONS IN SECTIONS 3.3-200, 3.3-800, AND SECTION 5.5;
ADOPTING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
THE CITY COUNCIL OF THE CITY OF SPRINGFIELD FINDS THAT:
WHEREAS, on March 5, 2018, the City Council adopted Ordinance 6376 which amended the
Springfield Development Code to make it easier and potentially less expensive to add an
accessory dwelling unit within the city limits;
WHEREAS, ORS 197.312(5) requires that as of July 1, 2018, accessory dwelling units be
allowed in areas of the urban growth boundary zoned for detached single-family dwellings;
WHEREAS, notice was sent to the Department of Land Conservation and Development (DLCD)
on April 26, 2018, less than the 35 days prior to the first evidentiary hearing required by OAR
660-0180020, but that the untimely submission of notice to DCLD has been cured by
scheduling the public hearing of the City Council at least 23 days after the Planning
Commission's initial public hearing;
WHEREAS, on May 8, 2018, the Springfieid Planning Commission held a duly noticed public
hearing on the proposed text amendments which was conducted in accordance with Springfield
Development Code Sections 5.2-120 through 5.2-145;
WHEREAS, on May 8, 2018, after review of the staff report, evidence in the record, written
comments, and testimony of those who spoke at the public hearing, the Planning Commission
recommended approval of text amendments based on the findings of fact set forth in the
Commission's Order and Recommendation;
WHEREAS, on June 4, 2018, the Springfield City Council conducted a first reading and held a
duly noticed public hearing on the recommended text amendments; and
WHEREAS, on June 25, 2018, after review of the staff report, evidence in the record, written
comments, and testimony of those who spoke at the public hearing, the Springfield City Council
approved the text amendments in Exhibit B based on the findings of fact set forth in Exhibit A;
NOW, THEREFORE, BASED ON THE FOREGOING RECITALS, THE COMMON COUNCIL OF THE
CM OF SPRINGFIELD ORDAINS AS FOLLOWS:
Section 1. The Staff Report and Findings attached as Exhibit A are incorporated
herein by reference and adopted.
Section 2. The Springfield Development Code is amended as shown in Exhibit B.
Section 3. Savings Clause. Except as specifically amended herein, sections 3.3-215,
3.3815, 3.3-820, 3.3-825, 5.5-110, 5.5-125, and 5.5-130 of the Springfield Development Code
shall continue in full force and effect.
Section 4. Severability Clause. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is, for any reason, held invalid or unconstitutional by a court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shalt not affect the validity of the remaining portion hereof.
Section 5. Effective date of Ordinance. This Ordinance shall take effect 30 days
after its adoption by the Council and approval by the Mayor.
ADOPTED by the Common Council of the City of Springfield this ,�5_ day of_ June
_2Q13 by a vote of _5— for and —0- against. (1 absent - Stoehr)
APPROVED by the Mayor of the City of Springfield this 25 day of June
2018
Mayor
ATTEST:
City Recorder
REVIEWED &APPROVED
AS TO FQ
�R
bATE: 'r '-4--
OFFICE OF CITY ATTORNEY
ORDINANCE NO.6384
Exhibit A-Staff Report and Findings, Page I of 7
STAFF REPORT AND FINDINGS
CODE AMENDMENTS
ALLOWING ACCESSORY DWELLING UNITS (ADUs) IN T111,' URBAN FRINGE
Planning Commission Public Hearing Date: May 8, 2018
City Council Public I Icaring Date: .lune 4. 2018
Springfield Journal 4: 811-17-000057--l'YP4
PROPOSAL DESCRIPTION
Proposal: In compliance with state legislation passed in 2017 (Senate Bill 1051) and 2018 (14otisc
Bill X1031), these code amendments would allow accessory dwelling Units (ADUs) within the urbanizable
area of Springfield's urban growth boundary. 'I"he amendments proposed affect Springfield Development
Codc, Section 3.2-200 Residential Zollin" Districts, Section 3.3-800 Urbanizable Frinoe Overlay District.
and Section 5.5 Accessory Dwelling= knits. 1hese code amendments would allovv owners ofresidentially-
zoned property between the city limits and urban gro%vih boundary to add an ADU on land developed
with a single farni1v detached home. subject to specific conditions identified in Sections 3.3-825 and 5.5.
'there are also soine minor amendments affectins-, the setback fironi an allev vvheii converting a aaraoe to
an ADU, requiring that Unpaved off-street parking spaces be rocked and maintained. and always requiritip
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a ation for maut'tactured homes and towable structures,
, ,und rt
Applicant: City ofSprin-field
Location: I lie proposed amendrnents'WOUld alloNN accessory dwelling, units on residentially-zoned
properties within the Urbanizable Fringe Overlay District.
BACKGROUND
In 2017. the City Council developed in afl'ordablc housing strale-, with the goal of increasinoZ7 the supply
and accessibility of 11olisim, In SpniqJ-1eld 11IT-01-1U)II01-it Ille 11OLISilILI C011tinUtflfl. One oftlic slratcgIt,ics islo
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C.11COUraqe the construction of ADUs, On iMarch 5. 1-018. the Council adopted Ordinance 6376 which
ainvildcd the Springfield Development Code to make it easier and potentially less expensive to add ail
ADU within the cite limits. I (rose ainendinews "crc acknowledged by the Department ol'l,and
ConNcr\mion and 6c\clopincnt and become effeelk c on April 1. 2019, Kev clian,,es included allo\\ino
ADI,s in the 'Medium and High Density Residential zones(in addition 1") the Low Density Residential
zone) it"flic resulting development meets inininiuni densities. allowing ADUs in the Wasliburne HistoricI _-
District, removing the ox\ner occupancy requirement. relaxing the off-street parking requirements. and
providing snore flexibility in design standards.
Now. in conipliance Nkitl) Senate Bill 1051 and I louse Bill 1(.131 wliicb is codificclas ORS 1973 12(5).ilic
City and Lane County are aniendiriv, the code to allow accessory&kellim-1 units outside the city. Within
the urban ormvili boundary. The development and design standards f'or an ADI-1' outside the city limits are
proposed tel be the same as those required for ADt"s inside the city. Tlie existing
requirements for
detached sin-lc-family dwclliiws outside the city limits to allow for future property divisions and/or more
intense use elf property are proposed to also apply tel the ADUs outside the city.
Benefittino firom some experience applying the newly adopted code languaoc for AI)Us, city starf also
identified a fc\v 1111nor edits to bell)clarify alley setbacks. unpavcd parking, and foundations for
rnan(.111101.ired homes and towable structures.
ORDINANCE NO.5384
Exhibit A—Staff Report and Findings, Page 2 of 7
NOTIFICATION AND WRITTEN COMMt'NTS
In accordance with the Ore-non Administrative Rules (OARS) 660-018-0020, prior to adopting, it change to
all acknowictiged comprehensive plan or land use regulation. local Lloyernments are required to nwify the
state 0cpartment. of Land Conservation and Development (DI.CD) at least 3*5 days prior to the first
evidentiary hearinu. A Notice of Proposed Amendment was transmitted to the DLC6 on April 26, 2017.
which is less than 35 days prior to the Planning Commissions' public hearing on the matter. Patrick
Win-ard. the Southern Willamette Valley Regional Representative of DL.CD. has been aware of tile city and
county's offiorts to comply with state requirements and has no issue with the late submittal. The City of
Springfield and Lane County intend to cure the UntillICIN' submission of materials to DLCD as allowed in
016 197.620 (3)by scheduling the public hcarin,,,,,of the City Council and Board of Commissioners at Ica�l
23 days after the Plannink) Commissions' public hearill1(y
I Z�l .
Notice of the Plannim,C zn
. orninissicins public hearing was mailed to the Washburne Neighborhood
Association Board and interested parties (ilICILidill() those who testified on the recently adopted ADU
amendments) oil April 26 as required by Springfield Development Code 5.2-115 A. posted on the city's
-vkcbsite on April 26-, entailed to the interested parties and public q,Icncies on April 27: and published in
the Ic"al notices section ofTheRegislei-Giau-cIoii April 28 as required by Springfield Development ('ode
5-1-115 13 and Lane County,.
Notice of the City C'ouncil's public hearing �ti as trailed to the \k"ashburne Nei olihorhood Association
Board and interested parties(including those who testified oil the recently adopted ADU amendments).
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posted on the city's website. and einailed to the interested parties May 25. notice was published in tile
legal notices section of'The Rcgi.4et-Guar(l May 27 is required by Springfield Development Code 5.2-
1 1514,
APPROVAL CRITERIA
Springfield Development Code Section 5.6-115 lists the approval criteria fbrart amendment to the Code.
A. In reaching a decision on the adoption or amendment of refillement plans and this Code's text. the
City Council shall adopt findiim.q that demonstrate conformance to the following:
1- I lic Metro Plin.
2. Applicable State mallites', awd
3. Applicable Staic-\ti ido Planning Goals and Admink1r;,-t11'%c Rule4.
FINDINGS OF FACT
Finding: Public tCStil)1011\ included comments of'supporl and other corrinicrits not directly related
to the. development code amendinenis: systern development charge(SDC) waivers f*or
ADIN constructed ill the urbanizable Erijl�'C and �111111CSIy f`01- un-permitted ADI."s. 'Ehe
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SOC waiver for ADL's Naas pit( in place through COLHICil resolution and not the
Development Code, The city already has a process in place to allow after-the-fact
pcynilts and no code amendment is needed, 011C pUS011 SLI()igeSted that one of-(lie
Design Standards in Section 5-5-130 be removed. but that standard ryas adopted and
acknowledued thl-011011 the PIVViOUs amendment process and is not part ofthis
amendment packa-e. None of the people testifying on these other topics cited a
criterion of approval in support of their requests. 1'hUS none of these other comments
are relevant to the development code amendments.
ORDINANCE NO. 6384
Exhibit A—Staff Report and Findings, Page 3 of 7
1. Consistency with the Metro Plan
The Fiugew-,Yjn-higfiekl Nfetroj)olilan Area Gewral MOW NMI) is the preVai fin---
Comprehensive [']an. The Sjwinglield 2030 Rcfiaemenl Man Residential Lancl U.Se cuid Hotisilliz
Element v.-as adopted in 2011 through Springfield Ordinance 6268 and Lane County Ordinance
No. PA. 1274 as a refinernent to the Metro Plan. Amendments to the development code must be
considered within the context of adopted policies. Thus any proposed amendments must be
consistent with the Akiro I'lun and the Springfield 2030 Resiclenlial Land Elsa and Housing
Flentew. Applicable policies and Findings of (act sho,&ing compliance with those policies are
presented below.
The Iollokvin- 41elro Plun policy from the "Citizen Involvement Element" is an applicable
approval criterion foir the development code amendments.
K.3 hn1wo re and waintain local wechanisins that provide/he ol)I)orlunif,iv/or residents(11161
proj)eqv ou-ners 111 4��Xisling 1-clsi(lenlial ureas to In'll-licipale ill the inlivenlentation of
1)olicLs ill the.1 fell-o Plan that mal-q/
I fect the characte)-of those arcus.
Finding. The code aincridnients impleirent the housing policies of the Afelro Plan. Residents
and property owners have the opportunity to participate in the adoption process for the
code amendments. All CON Council and Planning Commission meetings are advertised
and open to the public, includino the public hearings during which the elected and
appointed officials discussed the code amendments. The general public is informed
throughout the process by public hearing notices published in the newspaper, the city's
website, and the cit).s Mailing list of'pc(.)plc interested in housing issues. including those
who lestilied on the recentIv-adopted AI)L.j code amendments.
The following /'lull policies from the "Growth Management Goals. Findinus. and Policies"
are applicable approval criteria for the development code amendments.
25. Base(i oil direction provided in Policies 4, 8, all(]23 of this section, all v(levelopment
luking lo/uce in an urhaiiLuhle arcl,(i,sIwll be cIesigmecl to the of the
call, which moult/he resi)onsihlejor evenluall'y providing a mininatill level of urbt in
wri,i.ce4 to the urea. . . .
Findino: Section 5.5 Of the Springfield Development Code that reo u lates A DU's applies eq Ila I I
to ADUs inside and Outside the city limits. I lie amendments to Section 33-820 and ..3..i-
825D
3..)-
82--)D ensure that the siting,of,ADI''s allow fir the future division and/or more inlcnsise
use Of the property. In this way. the new ADU development will be dcsioncd to the
development standards of the(.-:itv Of Sprin-ficId.
1hes11ing ofull reshknce, oil urbane--able loisserveti by on-site sewag),c c/i.s/)osU1syst(-.,ws
shall be rei,iewel h,v Lane owil,v to ensure the C'tficielajwllre (:om'ersioll elf these lots to
whan (iellsilie,s acc(w(jillg to Metro Plait ussunilvions and minimum density
req uirelliews-
Finding: Section 3.3-82513 of the Springfield l')evelopment Code requires that the Lane County
Sanitarian certify that the proposed individual waste water disposal system meets I)EQ,
standards prior to Development Approval. Section 3.3-825C stipulates that Lane COUntV
is an affected party and IS I-CCILlircd to be notified of all development applications. With
these to Code provisions in place, Lane County can review the siting ofADUs on
ORDINANCE NO. 6384
- Exhibit A-Staff Report and Findings, Page 4 of 7
Urbartizable 10(S to ensure the efficient future conversion of these lots to urban densities
according to the Afelm Plan assumptions and minimum density requireimn1s.
The fibllowiq iWeim Plan policies firom the -Metropolitan Residential Land Use and Housing
policies
Llement" are applicable approval criteria for the development code amendments.
Re.s1dewiol Tknsilv
A,10 I'vomole hghee-)-osidelaial densly} inside the (,-G8 that wilizes i_'.visfing iqlr"aso,uctuve,
impi-oves the efficiencly(efpuhlic seiwices and,facilifies, and rui-al resow-ce
lands outvi(le Me 1,i'(;13.
Finding: In the LDR zone. add'iw,an ADU doubles the number of dwellim,,, units on the lot and
therefore increases the residential density. Ill the MDR and I[DR zones, cither one or
two ADL's will be peri-nitted bringing the density of the lot up to the minimum density
allowed in the zone. The ADI.is Nxill tap into utility lines ill place to serve the primary
dvvelling. Fransporlition access to the ADUs LN ill be from ri.g.lits-of-way which ill most
cases will already be developed. Public services and t'acilitics already in place to serve
the residents in the primary dwellings would also be available to serve the residents ill the
ADUs. Thus. promoting ADUs promotes hi-her residential density inside the UGF3
kvhllc utilizing existing Infrastructure, improving the efficiency of public services and
facilities, and conserving rural resource lands outside the L G
A 13 Increase overall residential dell"Sily in the meti,opoliko?wreu hl'cl-ealilk("more
olyww-lwnties/ol-offeclivclv doss tined in-fill, ?-etlevelolmiew, and mixed use while
considel-im"impacts qfilwreuse(l i-esi(lewial density on hisloric, existing and futitre
nefhborhoodV
Finding: ADUs are lie", units designed as projects. either within existing, strlicturc-s or as
new StrUCtUres on developed residential lots. All the development standards such as lot
covera-c. setbacks. and solar access swill continue to apply to all buildings oil the lot.
These standards thus will continue to address potential impacts ot'development oil
adjacent neighbors. The design standards for ADL is require that the ADU either matches
the primary dvw1lillo or meets clear and objective standards, with all option to meet other
standards SL11jCCt to kl'['vpe 11 land use decision. Thus these standards ensure that the
A[)U i,,deslunied to be collipalible \wllh either the Primary d\vcllim, or the neighborhood.
T111111. (11c propo-,cd anicildincilts 1,11cl-caSc (A crall 1-c111dclitial dcwity ill the llictropolliall
arca by crewill" 1110rc Oppol-111111ties 161-ciTcolvely cicsi,mcd in-fill while considcrill"
impacts of increased residential dvilsitv oil historic. existing and future neighborhoods.
Housingiy2e
-E -and-Temn-c
A.17 Provide oj)j)o1-t1111i1iC8fi)1-a./l/l/1-am'c ol choice ofhoits int�type, cJciisitv, size. cost, and
Finding: ADUs offer a small size home(800 square feet or less) option in neighborhoods that
will oftell be developed with single-family homes. This housing type newly allowed
v,ithin the urban fringe provides all alternative to apartment complexes for renters that are
�encrailv available in mcdium and high density residential areas. ADUs also provide all
01)6011 101'Il0Ll-,iu2 family members or on-site caregivers that Facilitate independence and
proximity. Due to their smaller size and the fact that they do not need additional land,
ADUs are more aff'ordable than single4anilly homes. Thus ADUs add to the range of
choice of housing t-ypes, density, size, cost and location.
ORDINANCE NO. 6384
- Exhibit A-Staff Report and Findings, Page 5 of 7
,J.18 a mix qfsh-uclul-e tij)es an(J(lensitics ij Ain residential clesigmitions by
reviell'ing alul, U117eWfilig /OCVl--orling and development reguldaliolm
Findino : These amendments that allow ADUs in the urban fringe provide increased opportunities
for small homes to be a part of the unix of structure types available within residential
designations,
I lie following policies From the Springfield 2030 Comprehensive Plan Residewial Land Use (111(1
Housing,P.'Iement are applicable approval criteria tor the development code amendments.
fi)r Groityli
11.6 Continue to seek isqys to re&ice oevc1oin1zew impethments to inore of Utilization q/
the resitIcinial land suppl,y insi(le the C.'(3B. e.V)ecialiv in the Cii.v'A sloped areas(sollfheasl,Sprhl,gfield and H"illamene lleighls).
finding: ADUs help make efficient use ofthe residential land supply inside the UGB as they are
added to developed lots and don't require additional land. ]'lie code amendments
increase the area where AD(Js are allo-,veo by allmvin(-, them within the urban frinoc.
Thus,the arnendinents reduce development impediments to more efficient utilization of
the I-CSi(ICTItial land supply inside the UGB
Finding: The code amendments comply with applicable policies from the Metro Plan
including the Springfield 2030 Comprehensive Plan Residential Land Use and
Housing Element, and therefore meet Criterion x-1.1.
2. Consistency with State statues.
In 201 7. the legislature passed Senate Bill 1051. House Bill 40')I passed in 2018 added 1,911"WitlCe
(shmyn in bold)to make it clear that ADUs are required to be allowed in the urbanizable area of
the urban oroNvth boundary. Hie applicable statutes amended by the Icgislature are listed below
as approval criteria,
19 7,312 5 (c,)
A citY ii,i/h u populalion ir1,ealer than 2,-500 or a cowdlv 10111 a popidotion
greater 1han 15.000sholl olloiv in areas ivilhili the urban groivth boundary, r
dil-ClImus the(1c,velopflicill Of0l /COA/ 0170 th'COSNOI•J'dli'effill" 1111if
fiir each do j(4Ch(r1(J sh1111c-fiiwilry d1rul/i/kc". Sidycct to reasonable local 1-cgidalion'N ver
los/./I.ng and desig-n.
(b) As usM i)i thissubseclioa, -acce.ssory dJlvellhlg Infil- means an imerior, allacheel or
delached residenlial struclure Mal is used in connection ivith oi-that is accessory to a
Aj)2gle-
l'inding- i
Sprngficli
d's estmated population for 201 6 is 6189
. 3) making� -! this statute applicable to
the city. Lane COLVIt-N!"S estimated population is 369,519 making this statute applicable to
Lane CO1
111tV. The lie LDR, MDR. and HDR zones alloNk, detached single-family d\,vellings
and therefore are required to allow at least one ADU fi-)r each detached single-family
dwelling. The city's definition of accessory dxyellini-, states that it-may be located
within. attached to or detached from the primary single-family'dwelling" which complies
with subsection (b). The city's acknowledged development code already allows for one
or two ADUs in areas coned for detached single-fanii1v dwellings. Sub' We
I dwellings. subject to reasonable
local regulations relatin- to sitin--,and desiun. The codc amendments would allow AD(hs
ORDINANCE NO. 6384
Exhibit A-Staff Report and Findings, Page 6 of 7
within the urbanizable fringe subject to the same reasonable local regulations relating to
sitim., and desi-ri. The code amendments include a few minor clarifications ofthe
development and design standards which are also reasonable, I"hus,the code
amendments comply with this statute.
ORS 19;'.30! (4)(b)IA) A city,,in(r)`)lot 41en.v all ell)171ication,/or a ho us ing(it,ielolnnenl locate(i
it'ithif i the urban gron-th boundary if the(Je%�elol)mew complies with clear awl objectiti!e
916110arels, ille'lutling but not limileal tel clear and ohjecfive tiesign slandar(is contoilwti its
the'cily eoin1)rehc)i.iive Allan or land use regulalions,
(B) This 1)aragrq1A sloes not a/)I)/Iv to.
(i) AJ)JVicatiolls residential develolmlew in areas tiescribetl ill 016
l9".307 (5): or
(ii) AJpPlications 01-Ilerillits rei1eti,ed w7cler an alternative qly)rovalprocess adol)tel
under ORS 19".307(6).
f=inding: 'Che amendments provide for minor amendments to the development and n desli4nu
standards - that unpaved off-street parking must be rocked. and relocating the
Wclarifying,_ L,
requirement for foundation so that it applies to all manufactured hornes or towable
structure. not
Just those being rcvicwed through clear and objective standards. They also
chane the setback from an alley if an existing ()ara(-,e is converted to ,in ADU. 1-hus the
amendments maintain the clarity and ob-)ectiveness of the design and development
standards for ADUs.
Finding: The code amendments comply with applicable statues anti therefore meet
Criterion A.2.
3. Applicable State-wide Planning Goals and Administrative Rules.
The purpose of'Statewide Planninc, Goal 10"1 lousing" is to ensure the opportunity for the
provision of adequate numbers ofneedcd housing units. the efficient use of buildable land within
I
urban '77'1_0\,Vth boundaries. and to pr()vide greater certainty in the development process so as to
reduce 110LISing costs.
The following OARS provide standards for compliance with (30,11 10 "1-lousing" to implement
ORS 197.303 through 197.30T
I R 0t0-008-(X110 E111ocatioll o/Buihlah le Laid
The mix ond densit'v ofneeded housilig i.s GIefortnine(l ill the hovving,neeos lirqicclion.
Sq��Icienl 111117(l)I buildahle land he (lesigiiated on the collqwehen..�,ive ph to
holrsillg lleeds b-1,tivye will cIcnsit.v range as delerinined in the housing necds pr(yection.
7-he local buildable lawls invewory must tloczanew tht-.,alnozoii ql'buil(hible land in each
res identiol I)lan de.s igynalioll.
Finding: 'Fhe Sllrin,(gfield Residential Land ane!Housiig Neefis Analvsis was adopted as a
Technical Supplement to the S�7ringafield 2030 Re lnemcw Plait Resioclaial L417d Use anel
llousiiig Element in 2011. ADRs are not a clsVellirl(y unit type called Out in this analysis.
Given that by definition, ADI,.*s are only permitted in con*junction with a single-family
Y
detached dwellinu, tile will not utilize Vacant or partially vacant land(as defined in the
Analysis). The% provide an infill opportunity that was not accounted for In the Buildable
Land InVC11torv. Therefore, allowin(, ADL)s in the Urbanizable Fringe Overlay /one willt�l W
not have an effect of reducing the buildable land in the residential plan designations. Yhe
ORDINANCE NO. 6384
I Exhibit A—Staff Report and Findings, Page 7 of 7
code amendments have no detrimental impact on the Buildable Land Inventory and have
the potential to allow for more housing within the developed areas of the UGB
particularly the smaller rental Wilts that meet the projected need ol'sinaller households
who need affordable options. Therefore.the proposed code amendments comply \,N]th
this administrative male,
600-008-0015 (,'fear and Objective Approv-al Standards Required
(1) L.icep (is provhled in section (2) of this rule. a locul g-overnment way a(lopl and
q111)1y only elect?,and ohieciive standards, conditions and1wocedures regulating the
develolmiew of needed housin-on buildable lan(1 The.standards, conditions and
procedures may not have /he effect, either in themselves oi-citninfalivelv, ol'discouraging
needed housing through unreasonable cosi or(,Iehiv.
(2) In addition to an alyn-oveil process for needed housh7g-halved(,)it clear and ojective
siondortis. cowlitions am]In-ocedures us 1)ro via'ed in section (1) of1his rille, a locul
governinelil wo'I'adopt and q7ply an opional allernative ul)jwoval processfi)r
(JI)Plications development based on approval criteria
rel()idoiing, in is hula or in part, apiwurunce or aesthetics that are not clear and ohiective
(a) The upl)licunt retains the option cif Proceeding awler the approval process that mccis
the requirelliews ofseclion (1):
(17) The alywo i!al criteriafin-the alicriievivC op1woval I)rocess comj�4!14ith alyVicahle
stoteis1cle land useplawfing goals and rules: and
(c) The approval criteria for the allernotivc alyn-ovalprocessauthorize a density at or
above 117C density level aulhori:ed in the zone under the alyn-oval 17rocess lwovided in
section (/) of this rule.
(3) Szijest to section (1). this rule does not iqlHikge on a local governinew's prerogative
to.,
(q) S(..,l approval standards w0er ii7hich a jr,�artictilar housing tvy.w is permitted outright.
(b) hnpowslxecial conditions upon qj)ln-oveil of asl)ecific development 1)roj7osak or
(c) Establish qjprovalprocethires,
F1nd1nL,,: '['he amendments add options for housing within the w-banizable area OfSpriwdleld's
UGB by allowing ADUs where none were.allowed previously. ADUs can be approved
under a Type I process based on clear and oh*jective standards. The code also allows
g
applicants to o through a Type 11 process if they want to obtain approval through
Conformance w i1h other standards. The proposed anicndnicnts allow Ibr ADUs in (lic
Urbanizable fringe overlay zone and make minor modifications to design and
development standards that are clear and objective. Thus the amended code provides
clear and objective land Use rC&Itdations for development of ADUs in the Urbanizable
fringe.
Finding: The code amendments comply with applicable Statewide Planning Goals and
Administrative Rules and therefore meet Criterion A.3.
ORDINANCE NO.6384
Exhibit B—Amendments to the Springfield Development Code, Page I of 5
Exhibit B
Amendments to the Springfield Development Code
to Allow Accessory Dwelling Units (ADUs) in the Urbanizable Fringe
The amendments are shown in legislative format (deleted text with strike-thru red font and new text
with double underline red font). Commentary is shown in purple italics font.
Chapter 3 Land Use Districts
3.2-200 Residential Zoning Districts
Commentary: Allow for an existing garage that is less than 5 jeer(rear alley to convert to on ADU.
3.2-215 Base Zone Development Standards
The following base zone development standards are established.
-[Residential Zoning District
Development 'low Density Small Lot Medium Density High Density
I
Standard Residential(LDR) Residential(SLR) Residential(MDR) I Residential("DR)
Minimum Setbacks for Primary Structures and Accessory Dwelling Units
(19) Accessory dwelling units may be located up to 5 feet from an alley. If the accessory
dwelling is located above an alley access garage, or the existing oaraqQ is co Y. rted to an
agqe the setback for the garage from the alley also applies to the accessory
dwelling unit, even if it is less than 5 feet.
Chapter 3 Land Use Districts
Section 3.3-800 Urbanizable Fringe Overlay District
Commentary: Allow ADUs as a Permitted use in res.:den .1ro,1?Pne,; the
3.3-815 Schedule of Use Categories when there is an Underlying Residential,Commercial, or Industrial
District
The following uses may be permitted in the underlying residential, commercial, or industrial district
subject to the provisions, additional restrictions and exceptions specified in this Code. EXCEPT AS
SPECIFIED IN SECTION 3.3-810B., URBAN USES (e.g., multiple-family or churches) NOT LISTED IN THE
UF-10 OVERLAY DISTRICT ARE NOT PERMITTED.
"P" =PERMITTED USE subject to the standards of this Code,
"S" =SPECIAL DEVELOPMENT STANDARDS subject to special locational and/or siting standards as
specified in Section 4.7-100.
"D"= DISCRETIONARY USE subject to review and analysis under Type III procedure (Section 5.9-100) at
the Planning Commission or Hearings Official level.
ORDINANCE NO. 6384
Exhibit 8—Ammemdrnenty�tmthe Springfield Development Code, Page 2mf5
"N° = NOT PERMITTED
~
SITE PLAN REVIEW REQUIRED
0sder�yiftg Zoning District
Child care facility(Section 4.7-12'�) S N N__
33-825)
flc)rric Occupations(Section 4.7-16_5
3.3-820 Review
A. The siting ofsingle-family residences Urjg,unlitsinthe UF-IOOverlay
District that require Future Development Plan as specified in Section 5.12-120E. shall be
reviewed under Type | procedure.
3.3-825 Additional Provisions
D. Siting ofResidential Uses. Detached single-family dwellings
shall be sited to allow the future division and/or more intensive use of the property.The
app|icab|eon'sitesewagpdispnua| 6aci|ityshaUbcconditiona|' andmadenpar1ofanypermit
necessary to achieve the standards of this Overlay District.The following standards apply�
1. In order to achieve ultimate densities provided in the Metro Plan,the siting of
single-family homes and accessorydxve.1 _un its nnany lot/parcel designated MDR o,
HDR,orany lot/parcel 5 acres ormore in size and designated LDK' shall require approval
ofaFuture Development Plan asspecified inSection 5.12 120E.
2. Additional development restrictions that limit the location ofbuildings and on-
site sewage disposal facilities shall be applied where necessary toreserve land for future
urban development,
[ommeotory: Asrecunm/endedbythe p/mnmnq [owiv/ccon' o//ovvAD�')so//dh/ghdensty
zo/7edporceb ('j/) be shuwn (hut Lhe.g/occ/neotu/rheADUsw///o//ow/!pr
deve/upnncnt thut /nwe(/ dens/tyre4u/red.
3. — -Onp ortwQaccessory dweiling. -nay be built ty
zoned parcels that., iiam�ectLLe o�!he__parcel size, could-meet the necessLt�y.densjtjes in
the future as shown o.n a future develo42r.��_ent [)!an.
ORDINANCE NO. 6384
Exhibit 8—Amendments tmthe Springfield Development Code, Page 3ofS
Chapter 5The Development Review Process and Applications
Section 5.5 Accessory Dwelling Units
[n/nnocntory: Allow ADib/nthe urbanizoh/pfr/ogeoutside the city 0rn/zzs
5.5-110 Applicability
A. Accessory dwelling units are permitted on LDR properties with a primarydwe|Un§�
Within
Accessory dwelling units are permitted on MDR properties with a primary dwelling,
within the city4�, according tothe following standards:
I. On a lot or parcel with area 6,650 square hse1 or less, 1 or accessory dwelling
units are permitted.
2. On a lot or parcel with area greater than 6'65Osquare feet but not greater than
10,000 square feet, 2 accessory dwelling units are permitted. A single accessory dwelling
unit on such lot or parcel is not permitted.
3. An accessory dwelling unit|s not permitted ona lot or parcel with area greater
than 10,000 square feet.
4, If 2 accessory dwellings are constructed, at least 1 must be detached from the
primary dwelling.
C. Accessory dwelling units are permitted on H DR properties with a primary dwelling,
according iothe following standards:
2. Ona lot or parcel with area 3,ZD0square feet orless, 1 orlaccessory dwelling
units are permitted.
2. On a )ot or parce| with a/ea greater than 3'200 square feet but not greater than
4'OOOsquare feet, 2 accessory dwelling units are permitted. Asingle accessory dwelling
unit onsuch lot orparcel isnot permitted,
3. An accessory dwelling is not permitted on a lot or parcel with area greater than
4'ODOsquare feet.
4. |(2 accessory dwellings are constructed, atleast lmust bedetached from the
primary dwelling.
(o/nmuotory Require that unpovedporking spaces provided off-street must be rockedoncimainroined,
5.5-125 Development Standards
An accessory dwelling unit shall meet the following standards:
ORDINANCE NO.6304
Exhibit B—/\rnemdmnents,to the Springfield Development Code, Page 4mf 5
F. There shall be one parking space 9 feet by 18 feet in size for the accessory dwelling unit,
in addition to the parking spaces required by Section 4.6-100 for the primary dwelling. Off-
street
neThe parking
space for the accessory dwelling may be provided either on-street or off-street as described
below:
Commentary: Move the/e4uiremcnt/oromanufactured homaortowmblestruc1u,etoben/occdpnu
permanentfoundotion into the Development Standards rather t hon the Design Stondards so that it
applies to all manufactured homes and d»w'ob6r5tzuc/ureS' not/usr those that vv/0be reviewed under
{]eo/ondC)6/ecbveStondunds. Rrn:/nberremo/n/n�De�u7n��ondords
�pp1h,e-locatauthority ha _inpjurisdiction 15 bhesite as
izonIIgte.lr n^24
inchos-of has a I=d
g( iDi 1,shall yPh@|�\���
the h oty}.
5.5'l3ODesign Standards
An accessory dwelling unit within or attached to the main dwelling shall either match the primary
dwelling or meet the alternative standards. A newly constructed detached accessory dwelling unit shall
match the primary dwelling, rneet clear and objective standards, or meet the alternative standards.
Conversion of a structure permitted under Section 4.7-105A to an accessory dwelling unit is not required
to meet the design standards and may be approved under a Type 1 procedure; however, exterior
alterations such as those necessary to meet building codes shall meet relevant design standards below
(match primary dwelling or meet clear and objective standards).
B. Meet Clear and Objective Standards.A detached accessory dwelling unit may be
approved under Type | procedure if it meets the following design standards:
;44 be pac=ed 9R aH e)�Eavated and bac* filled fouqdiation,
�1.
Only non-reflective siding and roofing materials are allowed.
3.2. Minimum roof pitch is in 12.
ORDINANCE NO. 63O4
Exhibit B—Amendments tothe Springfield Development Code, Page 5 of 5
4.3. Eaves shall project from the accessory dwelling unit aLleast 1foot onall
elevations.
��.
The primary entry must have acovered mrroofed entrance with anminimum
depth and width of feeL�
65. The accessory dwelling may not exceed the height ofthe primary dwelling.
-76. The exterior wall shall provide anoffset every Z5feet bvproviding arecess or
extension, a minimum depth of J feet and a minimum width of feet for the full height
ofthe wall.
ORDINANCE NO. 6384