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HomeMy WebLinkAbout2021 03 16 AIS Code Update WS 3_16_21AGENDA ITEM SUMMARY Meeting Date: 3/16/2021 Meeting Type: Work Session Staff Contact/Dept.: Mark Rust/DPW Staff Phone No: 541-726-3654 Estimated Time: 50 minutes S P R I N G F I E L D PLANNING COMMISSION Council Goals: Encourage Economic Development and Revitalization through Community Partnerships ITEM TITLE: DEVELOPMENT CODE UPDATE PROJECT – QUARTERLY CHECK IN ACTION REQUESTED: No formal action is needed or requested. This meeting is an opportunity for staff to report to the Planning Commission on the City Council direction received at the March 15, 2021 meeting and for the Planning Commission to provide input and feedback on the Development Code Update Project process. ISSUE STATEMENT: Staff will give the Planning Commission an update on the Development Code Update Project. The Purpose of the Development Code Update Project is to change the Springfield Development Code to support efficient, timely, and clear development review. The updated Development Code will support Springfield’s economic development priorities and will honor Springfield’s hometown feel now and in the future. ATTACHMENTS: Attachment 1: Communication Memo Attachment 2: Presentation Slides Attachment 3: Spectrum of options for Siting and Design Standards Attachment 4: Draft Revised Project Schedule (3/16/21) DISCUSSION: Background Staff last presented to the Planning Commission on this project on October 6, 2020. At this meeting staff gave the Planning Commission an update on the progress of both Phase 1, Housing, and Phase 2, Employment Lands, of the Development Code Update Project. A Communication memo was sent on January 19, 2021 summarizing the final rule making adoption for middle housing that directly impacts the Phase 1 Housing portion of the Development Code Update Project. Discussion Staff reengaged with the Housing Technical Advisory Committee for the Housing phase of the project. Staff, together with the feedback from the Housing Technical Advisory Committee, has revised the draft housing code sections to be in conformance with the new state middle housing rules and is working to finalize the code sections for public review. Staff plans to release these draft code sections for public review in June 2021. Staff is working on the code revisions for the Phase 2, Employment Lands, of the Development Code Update Project. Staff is working with other city staff and the appointed Employment Lands Technical Advisory Committee on draft employment lands code sections that will also be ready for public release in June 2021. Next Steps Staff will continue making progress on the Development Code Update Project. Staff anticipates releasing draft public review sections of the code in June 2021. Staff will provide the next regularly planned quarterly check in in June 2021. COMMUNICATION MEMORANDUM Meeting Date: 3/16/2021 Meeting Type: Work Session Staff Contact/Dept.: Mark Rust/DPW Staff Phone No: 541-726-3654 Estimated Time: 50 Minutes S P R I N G F I E L D PLANNING COMMISSION Council Goals: Encourage Economic Development and Revitalization through Community Partnerships ITEM TITLE DEVELOPMENT CODE UPDATE PROJECT – QUARTERLY CHECK IN BACKGROUND Staff last presented to the Planning Commission on this project on October 6, 2020. At this meeting staff gave the Planning Commission an update on the progress of both Phase 1, Housing, and Phase 2, Employment Lands, of the Development Code Update Project. A communication memo was sent to the Planning Commission on January 19, 2021 summarizing the final rule making adoption for middle housing that directly impacts the Phase 1 Housing portion of the Development Code Update Project. Staff has continued to meet with the Housing Technical Advisory Committee and the Employment Lands Technical Advisory Committee. Additionally, staff met with the Governance Committee on January 20, 2021 to get feedback and direction on how to ensure the development code amendments would be consistent with the Springfield Comprehensive Plan. The issue of consistency with the Comprehensive Plan was discussed in the January 19, 2021 communication memo including a flowchart specifying different options for addressing the consistency question. The direction received from the Governance Committee, which is the same as the input also received from the Housing Technical Advisory Committee on this issue, is to proceed with adopting bridge language into the Comprehensive Plan in the interim, until a comprehensive update to the Residential Land and Housing Element is completed in the future. DISCUSSION Phase 1 – Housing code The housing phase of the Development Code Update Project is nearing the public review draft step. As you may recall we released a public review draft of housing code sections in February of 2020. Since the adoption of the new Oregon Administrative Rules (OARs or rules) implementing House Bill (HB) 2001 included provisions that were not anticipated when we released the previous draft code, staff has revised the housing code to be in conformance with the new OARs. Even though the draft rules are fairly prescriptive in detailing the manner in which a city must implement the new middle housing legislation, there are some areas of flexibility allowed. The main areas for local decisions around flexible implementation are discussed below. As discussed in more detail in the January 19, 2021 communication memo, there are two major options for cities in implementing the new adopted rules. A city can choose to adopt the state Model Code or adopt their own regulations under the Minimum Compliance Standards. • The state Model Code is available for cities to adopt wholesale if a city doesn’t want to or doesn’t have the capacity to go through the process of modifying/amending their code to be in conformance with the Middle Housing regulations. The Model Code also will be directly applied to a city if that city does not adopt its own code changes by June 30, 2022. Attachment 1 Page 1 of 5 • The Minimum Compliance Standards in the rules are fairly prescriptive and are therefore likely to have a significant influence on the approach to middle housing regulations. The Minimum Compliance Standards establish the standards that a city must meet to be deemed compliant with the provisions of HB 2001. The standards constitute the range of reasonable Siting and Design Standards that local governments may adopt to regulate the development of middle housing. These standards are intended to allow cities more flexibility than the standards included in the Model Code. Density and lot size One area of flexibility centers around lot sizes (or density) for triplexes and fourplexes. There are two main paths to choose within the rules, the Minimum Compliance Standards and the Model Code provisions. • The Minimum Compliance Standards allow a city to limit triplexes to 5000 square foot lots and larger and fourplexes to 7000 square feet and larger. These are the largest lot minimum sizes that a city can require. • The Model Code provisions do not have any limitation on minimum lot size for these two middle housing types. Rather under the Model Code provisions triplexes and fourplexes would be allowed on the same size lot that allows a detached single-family home. In discussions with the Housing Technical Advisory Committee (TAC) it was generally agreed that Springfield should pursue implementing the minimum lot sizes as allowed in the Minimum Compliance Standards. Staff intends to propose this option in the new public review draft code while explaining that this is an area that flexibility could be provided. One potential option for providing flexibility in the lot size, or density is around affordable housing. A “deeper affordability” option would allow a density bonus for a housing project if a certain number of the units were committed to being provided at a defined affordability threshold. An example might be that instead of being limited to a triplex or a fourplex, up to six units could be allowed if half (or all) of the units were affordable to households earning nor more than 60% of the area median income. This concept has not been fully vetted and could be considered further through the public outreach step of the project. Defining Housing Types (attached vs. detached) A second area of flexibility in the rules is in how certain housing types are defined. The Model Code requires duplex, triplex and fourplex units to be attached. The Minimum Compliance Standards allow a city to define “plexes” to include detached units in addition to attached units. Similarly, for the cottage cluster housing type the Model Code only allows multiple cottages on one lot. But a city could choose to also allow each cottage being on their own lot (similar to our current cluster subdivision provision). This option could provide additional opportunity for fee simple ownership of a dwelling. Staff will present some figures representing some potential different configurations illustrating these differences in the presentation slides (Attachment 2). Attachment 1 Page 2 of 5 Parking Parking is a topic that generates a lot of input. The Minimum Compliance Standards specify a maximum amount of parking that a city can require. • The Minimum Compliance Standards allow a city to require no more than 1 space per unit for triplexes and fourplexes, or 3 total off-street spaces for a triplex and 4 total off-street spaces for a fourplex. • In contrast the Model Code specifies that a total of only one off-street parking space is required for a triplex or fourplex. The OARs give a city the ability to allow for on street parking credits as well as reducing the parking requirement to zero if desired. Based on the discussion with the TAC, staff has included the maximum parking requirement, together with allowing on street parking credit that is already allowed the development code. Staff anticipates that this will be a topic of debate through the public outreach and hearing process. Siting Standards and Design Standards The OARs allow a city to require Siting Standards and Design Standards. Both terms are defined in the rules. • Siting Standards relate to the position, bulk, and scale of the housing on the lot. Examples include such things as setbacks, lot coverage standards, height, parking requirements, utility standards, and access. • Design Standards relate to the arrangement, orientation, materials, appearance, articulation, or aesthetics of the housing. The standards allowed through the rules and Model Code are considered “safe harbor” rules that meet the statutory test of not causing unreasonable cost or delay to permit middle housing. For Siting Standards, the rules allow three options: 1. Require the standards provided in the rules or Model Code. The rules specify minimum compliance provisions related to triplexes or fourplexes. For the other middle housings types the Model Code is relied upon for the Siting Standards that are acceptable as not causing unreasonable cost or delay. 2. Implement standards that are less restrictive than what is in the rules or Model Code. 3. Go through the Alternative process and make findings for each standard that is different from what is in the rules or Model Code. For Design Standards there are four options: 1. Require what is allowed in the Model Code. 2. Implement standards that are less restrictive than what is in the Model Code. 3. Use the same clear and objective standards that are applicable to detached single family structures in the same zone. 4. Go through the Alternative process and make findings for each standard that is different from what is in the Model Code. Attachment 1 Page 3 of 5 Through consideration of the input from the TAC on these standards, staff in planning to include a combination of the Minimum Compliance Standards and Model Code standards in the public review draft code. Generally, the Siting Standards are proposed at the minimum compliance standard level and the Design Standards are proposed at the Model Code level of standards. See Attachment 3 for a table illustrating the spectrum of options for the Siting and Design Standards. Alternative Siting or Design Standards Process The alternative option for including additional Siting or Design Standards that are outside of the safe harbor provisions specifically allowed by rule is to pursue the alternative standards process. This process would include writings findings based on the established set of criteria in the rules to justify to the state that the additional standards should be allowed and would not individually or cumulatively cause unreasonable cost or delay to the development of Middle Housing. Staff has not contemplated pursuing this option at this point. However, discussions around standards such as solar setbacks may warrant further conversation and consideration of this option. Phase 2 – Employment Lands (commercial and industrial) code The Employment Lands Technical Advisory Committee for Phase 2 has convened four times and will continue meeting to discuss new draft code for employment lands chapters of the Development Code. The Employment Lands phase of the project includes Site Plan Review, Infrastructure Standards, and Development Standards that are also applicable to housing development. Planning staff is working integrally with other city staff on the infrastructure standards sections, as well as the other sections. The infrastructure standards are proving to be technically complex considering state law requirements for clear and objective standards for housing. Specifically related to stormwater management there are competing requirements to meet state and federal regulations that complicate the drafting of standards. Phase 3 – Other Code Sections (“Everything else”) Staff has not yet begun Phase 3 of the project. See the discussion below under the Timeline heading below. When Phase 3 is initiated it will include many sections of Development Code that are not being amended during Phases 1 and 2. Examples of some of the sections that have been highlighted for needed updates include the following: 5.7-100 - Annexations 5.13-100 - Master Plans 5.19-100 - Tree Felling Permits 3.3-500 - Hillside Development Overlay District Project Schedule According to the overall project schedule as revised (Attachment 4, revised version 3/16/21) staff is on track with the project phases. Staff will proceed with Phase 3 in the fall of 2021. Phases 1 and 2 will move into public outreach and the public hearings process in the spring and summer of 2021. Attachment 1 Page 4 of 5 NEXT STEPS Staff will also be meeting with the Planning Commission in its capacity as the Committee for Citizen Involvement (CCI). Staff is asking the CCI for approval of the revised project timeline (11/16/20 version), as part of the project Community Engagement Plan, that was previously discussed with the Council at the October 5, 2020 work session. Staff will continue to work on Phase 1, Housing, and Phase 2, Employment Lands, of the Development Code Update Project. The city’s Technical Advisory Committee for Phase 2 has been meeting virtually and will continue meeting to review new draft code for employment lands. Staff will continue working on planning for the public outreach efforts to engage the community to receive feedback and input on the draft code sections. Staff is considering combining the community engagement efforts on both the housing and employment lands phases. Staff anticipates releasing public review drafts of the code sections for Phase 1 and Phase 2 in June 2021. As part of the public outreach staff is planning a virtual open house that will provide information and receive input from the community. Additionally, staff is working on other public outreach efforts. Staff will provide the next regularly planned quarterly check in to the Planning Commission in June 2021. RECOMMENDED ACTION No formal action is needed or requested. This meeting is an opportunity for staff to report to the Planning Commission on the City Council direction received at the March 15, 2021 meeting and for the Planning Commission to provide input and feedback on the Development Code Update Project process. Attachment 1 Page 5 of 5 3/5/2021 1 Quarterly Check In Code Update Project Planning Commission Work Session March 16, 2021 Purpose •The purpose of the Development Code Update project is to change the Springfield Development Code to support efficient, timely, and clear development review. The updated Development Code will support Springfield’s economic development priorities and will honor Springfield’s home town feel now and in the future. 2 1 2 Attachment 2 Page 1 of 13 3/5/2021 2 Objectives 1.Quick review of development applications 2.Easy to understand, clear, and user-friendly format 3.Straight forward processing path 4.Supports/furthers economic development 5.Beautiful city, encourage investment, and improve image 6.Complies with mandatory regulatory requirements 7.Implement the City’s adopted policies 3 House Bill (HB) 2001-Middle Housing •Bill passed in 2019 •Department of Land Conservation and Development (DLCD) –Rule advisory committee (RAC), drafted rules (2020) •Land Conservation and Development Commission (LCDC) –Adopted new rules December 9, 2020 4 3 4 Attachment 2 Page 2 of 13 3/5/2021 3 What is Middle Housing •Duplex, Triplex, Fourplex, Townhomes, and Cottage Clusters •Large City –must allow duplexes on every lot and allow the other middle housing types “in areas”. 5 Housing Types -Duplex 6 5 6 Attachment 2 Page 3 of 13 3/5/2021 4 Housing Types -Duplex 7 Housing Types -Duplex 8 7 8 Attachment 2 Page 4 of 13 3/5/2021 5 Housing Types -Duplex 9 Housing Types -Duplex 10 9 10 Attachment 2 Page 5 of 13 3/5/2021 6 Housing Types –Triplex 11 Housing Types –Triplex 12 11 12 Attachment 2 Page 6 of 13 3/5/2021 7 Housing Types –Fourplex 13 Housing Types –Fourplex 14 13 14 Attachment 2 Page 7 of 13 3/5/2021 8 Housing Types –Townhomes 15 Housing Types –Cottage Cluster 16 15 16 Attachment 2 Page 8 of 13 3/5/2021 9 Minimum Compliance Standards •Large Cities must allow duplexes on every residentially zoned lot that a single-family home is allowed. •Large Cities must allow triplex, fourplex, townhomes, and cottage clusters on all lots that single-family homes are allowed, except: •Goal protected lands (floodplain, landslide hazard, etc.) •Master Planned communities •Federally regulated lands 17 Performance Standards •Allows analysis by cities •Triplexes –80% of lots •Fourplexes –70% of lots •Townhomes –60% of lots •Cottage Clusters –70% of lots •Equitable distribution test •Allowed on 75% or more of all lots in each census tract 18 17 18 Attachment 2 Page 9 of 13 3/5/2021 10 19 Model Code •Stand alone code that cities can adopt. •Will be directly applied if a large city doesn’t adopt its own standards by June 30, 2022. 20 19 20 Attachment 2 Page 10 of 13 3/5/2021 11 Siting Standards •Related to position, bulk, scale •Setbacks •Bulk/scale (FAR) •Lot coverage •Height •Parking requirements •Utilities •Public Facilities 21 Design Standards •Related to arrangement, orientation, materials, appearance, articulation, or aesthetics •Entry treatment •Façade orientation •Window coverage •Driveways 22 21 22 Attachment 2 Page 11 of 13 3/5/2021 12 Design Standards 23 Alternative Siting or Design Standards •Must not individually or cumulatively cause unreasonable cost or delay to the development of middle housing •The total time and cost of construction. •The total cost of the land. •The availability and acquisition of land. •The total time and cost of permitting and fees. •The cumulative livable floor area that can be produced. •The proportionality of cumulative time and cost of the proposed standard in relationship to the public need or interest the standard fulfills. 24 23 24 Attachment 2 Page 12 of 13 3/5/2021 13 WE ARE HERE 25 QUESTIONS 26 25 26 Attachment 2 Page 13 of 13 Spectrum of Options for Implementation of Siting and Design Standards Standard Option 1 Allow Option 2 Encourage Option 3 Incentivize Defining Housing Types Duplex, Tri/fourplex Limit to attached only -- Allow attached or detached Cottage Cluster Only allow multiple units on one lot -- Allow individual units on lots Siting Standards Lot sizes Use OAR minimums Lesser minimum No minimum Triplex 5,000 sq. ft. lot Lesser minimum No min. Fourplex 7,000 sq. ft. lot Lesser minimum No min. Townhome 1,500 sq. ft. lot Lesser minimum No min. Cottage Cluster 7,000 sq. ft. lot Lesser minimum No. min. Building Height Use OAR maximum Higher maximum No maximum Tri/fourplex 25 feet or 2 stories 30-50 feet (depending on zone) No max. (certain zones) Townhomes Same as SFD (30 ft.) or 2 stories 35-50 feet (depending on zone) No max. (certain zones) Cottage Cluster None specified -- -- Lot Coverage/FAR Use OAR standard Higher maximum No maximum* Tri/fourplex Same as SFD (45%) 50-60% (depending on zone) No max. Townhomes Same as SFD (45%) 50-60% (depending on zone) No max. Cottage Cluster No limit/not allowed -- -- *Limited by other development standards (ex. stormwater, setbacks, parking, etc.) More Permissive More Restrictive Attachment 3 Page 1 of 2 Design Standards Use OAR standards Lesser standards No Standards Duplex None allowed (or same as SFD) -- -- Tri/fourplex Entry orientation, windows, garage width, driveway. Lesser standards No standards Townhomes Entry orientation, unit definition, windows, driveway access and parking Lesser standards No standards Cottage Cluster Cottage orientation, courtyard design, community building, pedestrian access, windows, parking design, screening, garages and carports, accessory structures, existing structure. Lesser standards No standards Parking Use OAR standards Lesser standards (ex. Allow on street parking credit) No parking standard (along corridors?) Triplex 3 spaces total Ex. 1-2 spaces total No requirement Fourplex 4 spaces total Ex. 1-3 spaces total No requirement Townhome 1 space per unit -- No requirement Cottage Cluster 1 space per unit .5 space per unit No requirement Solar Setbacks Require Solar Setbacks for only SD-D and Duplex Require Solar Setbacks only for SD-D No Solar Setbacks More Restrictive More Permissive Attachment 3 Page 2 of 2 Qtr 3 Qtr 4 Qtr 1 Qtr2 Qtr 3 Qtr 4 Qtr 1 Qtr2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Task 1: Project Management and Oversight Task 2: Formation of Advisory Committee Task 3: Develop Community Engagement Plan Task 4: Implement Community Engagement Plan Task 5: Conduct Audit of Housing Code Sections Task 6:Draft Housing Code Sections Task 7: Public Outreach for Housing Code Sections Task 8: Adoption Process for Housing Code Sections Task 9: Conduct Audit of Comm./Ind. Code Sections Task 10: Draft Comm./Ind. Code Sections Task 11: Public Outreach for Comm./Ind. Code Sections Task 12: Adoption Process for Comm./Ind. Code Sections Task 13: Conduct Audit of Other Code Sections Task 14: Draft Other Code Sections Task 15: Public Outreach for Other Code Sections Task 16: Adoption Process for Other Code Sections IMPLEMENTATION PROCESES Council - Work Session or Communication Memo Planning Commission - Work Session or Communication Memo NOTE: The dashed lines and shadowed colored bars are the original timeline. The brighter colored bars and bars outlined in red represent the revised timeline. 2023 20242022 Development Code Update Project Schedule (revised 3/16/21) 2019 2020 2021 IMPLEMENTATION IMPLEMENTATION IMPLEMENTATION IMPLEMENTATION Attachment 4 Page 1 of 1