HomeMy WebLinkAboutApplication Applicant 9/28/2023�City of Springfield SPRINGFIELD
Development & Public Works
225 Fifth Street 0,
Springfield, OR 97477 Ovtara-o
Interpretation
Interpretation of new uses, terms or phrases will 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 the Springfield Development Code,
adopted refinement plans or the Metro Plan shall be reviewed under Type IV procedure.
INew Use: TVDe III I Tvne TIT 1 1 I Clarifv Planninn Pnliru• Tuna TV
Term or Phrase: Type II k� !we III ❑
Required Project Information (Applicant:
complete this
Jed Truett
A plicant Name:
Phone: 541 302-9830
_
Company: Metro Planning, Inc.
Fax:
Address: 846 A Street Springfield, OR 97477
Jed Truett
Applicant's Rep.:
Phone: 541 302-9830
Fax:
Company: Metro Planning, Inc
Address: 4F) A StrQ ,-Springfietd—M 97477
Properq Owner: Finley Heights, LLC
Phone:
Company: 869 NW Wall St Ste 204
Fax:
Address: Bend, OR
ASSESSOR'S MAP NO: 18-02-02-24 TAX LOT NOS :
1600, 1700, 1800
Propert _Address: na
Size of Property: Acres ❑ Square Feet ❑
Description of if you are filling in this form by hand, please attach your proposal description to this application.
Proposal: See attached narrative
Existin_q Use. Vacant land
lSi natures: Please si n and oront vour name and date in thea ro
riate box on the next aan&Lj.
Required Project Information (City Intake Staff.-
complete this section)
Associated Applications: Signs;
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Case No.: 6
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Date:
Reviewed
by: Y"
Application Fee: Technical Fee: 5. ��
Postage Fee. w
TOTAL FEES: $ PROJECT NUMBER:
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Signatures
The undersigned acknowledges that the Information In this application Is correct and accurate.
Appiicant: ( -
_ _ Date: (- -
Signatu
Print
If the applicant is o the owner, the owner hereby grants permission for the applicant to act in his/her behalf.
Owner:
/f Date:
ign6ture
Print
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Section 5.11-100 Interpretations (Springfield Development Code)
5.11-105 Purpose
The purpose of an Interpretation is to:
A. Consider the applicability of new uses within each zoning district that are not specifically identified in this Code;
B. Clarify the meaning of terms or phrases found in this Code; or
C. Clarify planning policy contained in this Code, adopted refinement plans or the Metro Plan, or other policy
documents.
5.11-110 Authority
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.
5.11-115 Review
A request for an Interpretation of this Code concerning new uses and terms and phrases is 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 is reviewed under
Type IV procedure.
5.11-120 Interpretation of New Uses
A. Application Submittal. The request shall include information on the following characteristics of the new use:
1. A description of proposed structures and the operational characteristics of the new use.
2. Where commercial and industrial uses are involved, the following topics are considered:
a. Emission of smoke, dust, fumes, vapors, odors, and gases;
b. Use, storage and/or disposal of flammable or explosive materials;
C. Glare;
d. Use of hazardous materials that may impact groundwater quality;
e. Noise;
f. The potential for ground vibration; and
g. The amount and type of traffic to be generated, parking required and hours of operation.
3. Where residential uses are involved, the following topics are considered:
a. Density; and
The amount and type of traffic to be generated and parking required.
Revised 1/9/09 ddk
B. Criteria. A new use may be considered to be a permitted use when, after consultation with the City Attorney or
other City staff, the Director determines that the new use:
1. Has the characteristics of one or more use categories currently listed in the applicable zoning district;
2. Is similar to other permitted uses in operational characteristics, including but not limited to, traffic
generation, parking or density; and
3. Is consistent with all land use policies in this Code which are applicable to the particular zoning district.
5.11-125 Interpretation of Terms or Phrases
A. Application Submittal. The request shall include:
1. The particular term or phrase requiring Interpretation; and
2. The applicant's statement describing what the particular term or phrase means.
B. Criteria. The Director shall interpret a term or phrase, after consultation with the City Attorney and City staff. The
meaning of any term or phrase:
1. Shall be consistent with the purpose and intent of this Code, including any Chapter or Section to which the
term or phrase is related;
2. May be determined by legislative history, including staff reports and public hearing tapes and minutes; and
3. Shall be consistent with any dictionary of common usage, if criteria 1. and/or 2., above cannot be applied.
5.11-130 Interpretations Reviewed Under Type III and Type IV Procedure
A. Interpretations that the Director may elevate from a Type II to a Type III review shall follow the approval criteria
specified in either Section 5.11-120 or 5.11-125 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.
B. 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.
C. Where there is an Interpretation of planning policy, the matter is forwarded to the City Council:
1. For consideration on the record;
2. To consider appropriate revisions to this Code to resolve the question; or
3. To revise or supplement a policy issue.
5.11-135 Effect of a Decision
An approved Interpretation is effective on the date of approval, unless appealed. An approved Interpretation may be
superseded by a subsequent Interpretation or a Code amendment.
Revised 1/9/09 ddk
Interpretation Application Process
1. Applicant Submits an Interpretation Application to the Development & Public Works
Department
• The application must conform to the Interpretation Submittal Requirements
Checklist on page 6 of this application packet.
• Planning Division staff screen the submittal at the front counter to determine
whether all required items listed in the Interpretation Submittal Requirements
Checklist have been submitted.
• Applications missing required items will not be accepted for submittal.
2. City Staff Conduct Detailed Completeness Check
• Planning Division staff conducts a detailed completeness check within 30 days of
submittal.
• The assigned Planner notifies the applicant in writing regarding the completeness of
the application.
• An application is not be deemed technically complete until all information necessary
to evaluate the proposed development, its impacts, and its compliance with the
provisions of the Springfield Development Code and other applicable codes and
statutes have been provided.
• Incomplete applications, as well as insufficient or unclear data, will delay the
application review process and may result in denial.
3. City Staff Review the Application and Issue a Decision
A Type II decision, made after public notice, but without a public hearing, unless
appealed, is issued within 120 days of submittal of a complete application.
• Mailed notice is provided to property owners and occupants within 300 feet of the
property being reviewed and to any applicable neighborhood association. In
addition, the applicant must post one sign, provided by the City, on the subject
property.
• There is a 14 -day public comment period, starting on the date notice is mailed.
• Applications are distributed to the Development Review Committee, and their
comments are incorporated into a decision that addresses all applicable approval
criteria and/or development standards, as well as any written comments from those
given notice.
• Applications may be approved, approved with conditions, or denied.
• The City mails the applicant and any party of standing a copy of the decision, which
is effective on the day it is mailed.
• The decision issued is the final decision of the City but may be appealed within 15
calendar days to the Planning Commission or Hearings Official.
Revised 1/9/09 ddk 5 of 6
Interpretation Submittal Requirements Checklist
NOTE: If you feel an item does not apply, please state the reason why and attach the
explanation to this form.
PE Submitted Concurrently with Site Plan Review or Minimum Development Standards,
where applicable
Application Fee - refer to the Development Code Fee Schedule for the appropriate fee
calculation formula. A copy of the fee schedule is available at the Development & Public
Works Department. The applicable application, technology, and postage fees are collected
at the time of complete application submittal.
,1M Interpretation Application Form
r, Interpretation of New Uses Narrative - explaining the proposal and any additional
information that may have a bearing in determining the action to be taken, including
findings demonstrating compliance with the Criteria described in SDC 5.11-120 B and
information on the following characteristics of the new use:
❑ Description of proposed structures and operational characteristics of the new use
❑ Commercial/Industrial Uses
❑ Emission of smoke, dust, fumes, 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
❑ Potential for ground vibration
❑ Amount and type of traffic to be generated and parking required
❑ Hours of operation
❑ Residential Uses
❑ Density
❑ Amount and type of traffic to be generated and parking required
>X Interpretation of Terms or Phrases Narrative - explaining the proposal and any
additional information that may have a bearing in determining the action to be taken,
including findings demonstrating compliance with the Criteria described in SDC 5.11-125
B, as well as the following information:
Particular term or phrase requiring interpretation
a Applicant's statement describing what the particular term or phrase means
NOTE: Before the Director or Planning Commission can make an Interpretation, information
submitted by the applicant must adequately support the request. All of the Interpretation
Criteria must be addressed by the applicant. Incomplete applications, as well as insufficient or
unclear data, will delay the application review process and may result in denial.
Revised 1/9/09 ddk 6 of 6
DECLARATORY RULING
INTERPRETATION OF SDC 3.3.520
September 25, 2023
LAND USE PLANNING AN CONSULTING SERVICES
846 A STREET
SPRINGFIELD, OREGON 97477
(541( 302-9830
W W W.M ETROPLAN NING.COM
I. DETAILS:
Applicant: Jed Truett on behalf of Finley Estates
Agent: Metro Planning, 846 A Street, Spfd, OR 97477
Map/TL: Map 18-02-02-24, TLs 1600, 1700 and 1800.
Map 18-02-02, TL 500 and 600
Site Address: NA
II. BACKGROUND/PROPOSAL:
This interpretation is requested to: (1) open a dialog between the applicant and the city on
how to best clarify several ambiguities in the Density Transfer Bonus option within SDC
3.3.520, and (2) to get finality on any such interpretation. The applicant requests
feedback on the below proposal before any decision is made.
Background:
The applicant is proposing development of the above identified tract, which is located in
the Hillside Development Overlay District. The developer wishes to utilize the Density
Transfer Bonus option found in SDC 3.3.520(C)(2). This option requires a determination
of "average slope." Average slope is defined by formula in SDC 3.3.520(B) and SDC
3.3.520(C)(1)((b).
LDC 3.3.520(B) provides the following formula and definitions (emphasis added):
(B) Where the average sloe of the portion of the development area below 670
feet in elevation is less than 15 percent, the number of dwelling units allowed
must be within the net density range provided below, calculated in conformance
with SDC 3.2.235.
Finley Estates: Declaratory Ruling
September 25, 2023
Page 2 of 2
For the purposes of this section, the "average slope " is defined as follows:
S = 0.00229 IL
A
Where:
S = Average % of slope for the area.
I = Contour Interval (not greater than 10 feet).
L = Summation of length of the contour lines within the area.
A = Area.
SDC 3.3.520(C) provides,
(C) Where the average slope of the development area exceeds 15 percent
and/or is above 670 feet in elevation, an applicant may develop under Option
"A, " Option `B, " or a combination of both, in conformance with this section.
Option "A, " is designed to correlate minimum lot/parcel sizes to the average
slope of the development area. Option "B, " is designed to allow for a density
transfer bonus to stimulate development on those portions of'the development
area where the slope of the land is less than 15 percent.
SDC 3.3.520(C)(1)(b) provides the following formula and definitions.
S = 0.00229 I
A
Where:
S = Average percent of slope for the area where the slope ranges from 15
percent to 35 percent.
I = Contour interval. (Not greater than 10 feet).
L = Summation of the length of the contour lines within the area where the
slope is from 15 percent to'35 percent.
A = Area in acres of the portion of the parcel where the slope is from 15
percent to 35 percent.
The above formulas were developed prior to common usage of accurate slope data such
as Lidar. The applicant seeks an interpretation that will allow use of modern data that
will also reflect accurate average slope. In addition, the density transfer bonus provisions
apply to the development area. While this term is defined in the SDC, it remains
ambiguous. As such, interpretation is warranted.
Finley Estates: Declaratory Ruling
September 25, 2023
Page 3 of 2
III. AUTHORITY
The authority for the City to interpret its land development ordinance is found in SDC
5.11.100-135. The interpretation process can be used to "clarify the meaning of terms or
phrases found in this code." SDC 5.11.105(B). 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. SDC 5.11.110. An interpretation shall be reviewed
under Type 2 procedure, unless the Director determines that the application should be
reviewed as a Type 3 decision due to the complexity of the application or the need for
discretionary review. SDC 5.11.115. An approved interpretation is effective on the date
of approval, unless appealed. An approved interpretation may be superseded by a
subsequent interpretation or a code amendment. SDC 5.11.135
IV. INTERPRETATION CRITERIA
DSC 5.11.125 governs interpretation of terms or phrases. Under subsection (A), an
interpretation request shall include:
(1) The particular term or phrase requiring interpretation; and
RESPONSE: There are three terms/phrases that require interpretation/clarification:
Contour Interval, Summation of Length of the Contour Lines, and Development Area.
(2) The applicant's statement describing what the particular term or phrase means.
RESPONSE:
To allow use of modern data, "Contour Interval" should be defined as "an outline of
space or area (shape) between objects or points." To allow use of modern data, "Length"
should be defined as "a measured distance or dimension." These definitions come from
Webster's Third dictionary. "Webster's Third defines "contour" as, "an outline
especially of a curving or irregular figure." Synonym is "shape." "Interval" is defined as,
"a space between objects, units, points of states." "Length," is defined as, "a measured
distance or dimension." "Area," is defined as "a particular extent of space or surface."
When these definitions are applied to the formula above, a more accurate slope model
can be developed.
The term "development area" is defined in SDC 6. 1.110 as,
"Development Area. The area subject to any application required by this code. "
Finley Estates: Declaratory Ruling
September 25, 2023
Page 4 of 2
However, this definition is ambiguous. Does it mean the subject parcel, the unit of land
proposed for review or the area proposed development. To best use any development site,
"development area," as used in SDC 5.11. 100 et. al. should be defined as "the area
proposed for development." The following graphics depict how this definition will allow
the best use of a development site, while still upholding the purpose of the Hillside
Development Overlay district.
Graphic I and Graphic 2 show why "development area" should not be defined as the
entire lot/parcel/tract. In these graphics, which depict the parcel from a side view, the
parcel has varying terrain.
If the average slope is taken across the entire parcel (Graphic 1), a skewed and flawed
conclusion is made about slope. Under Graphic 1, the definition of development areas is
limited to the entire property as a single area. Under a Graphic 1 interpretation, there can
only be one development area.
Graphic 1
.Y
run
X x
W.M.
*** the above graphics are also included as attachments.
In Graphic 2, weight is given to topography. Topography is broken into general areas.
"Development area" is defined as "the area proposed for development." The effect is to
have several development areas within one property. This allows a more accurate
development scheme to be created. In Graphic 2, the development areas of the tract are
carefully identified so that there are multiple development areas within the tract, and each
of these development areas get an independent analysis of average slope. Flatter areas
Finley Estates: Declaratory Ruling
September 25, 2023
Page 5 of 2
can obtain denser development, but areas of greater slope are developed at lower
densities to preserves. Used together, the hillside is preserved.
Graphic 2
ss as as >x o..dm...M..
l CJS )J U LJ l JO 1�y JwN l�
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*** the above graphics are also included as attachments.
(B) Criteria. The Director shall interpret a term or phrase, after consultation with
the City Attorney and City staff. The meaning of any term or phrase:
(1) Shall be consistent with the purpose and intent of this code, including any
chapter or section to which the term or phrase is related,
(2) May be determined by legislative history, including staff reports and public
hearing tapes and minutes; and
(3) Shall be consistent with any dictionary of common usage, if criteria (B)(1)
and/or (B)(2), above cannot be applied.
RESPONSE: The purpose and intent of the Springfield Development Code are stated in
SDC 2.1.110,
The regulations contained in this code are intended to ensure that development is:
(A) 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;
Finley Estates: Declaratory Ruling
September 25, 2023
Page 6 of 2
(B) Served by a full range of key urban facilities and services that can be
provided in an orderly and efficient manner; and
(C) Consistent with the applicable standards of this code.
The purpose of the Hillside Development Overlay District is stated in SDC 3.3.505,
"The Hillside Development (HD) Overlay District is established to ensure 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. "
To achieve the purposes of the code, it is important to have accurate and current data.
The interpretations of "contour interval" and "length" will allow better use of modern
data in a way that best reflects actual ground-truthed slope. Webster's Third defines
"contour" as, "an outline especially of a curving or irregular figure." Synonym is
"shape." "Interval" is defined as, "a space between objects, units, points of states."
"Length," is defined as, "a measured distance or dimension." "Area," is defined as "a
particular extent of space or surface." When these definitions are applied to the formula
above, a more accurate slope model can be developed.
Defining "development area" as "the area proposed for development," and allowing
multiple development areas within one property, will ensure that urban levels of
development can occur consistent with the requirements of the city's buildable lands
inventory, city comprehensive plan, and state law, while still preserving sloped areas for
refined development under the Hillside Development Overlay district. To achieve the
purposes of the SDC, Springfield Comprehensive Plan and statewide planning goals,
urban land should be developed at urban densities. These densities should be executed in
a manner that minimizes the need for urban growth boundary expansion. As such, dense
development is supported and encouraged. Where site constraints dictate a
modified/lesser density to accommodate slope, the modified density should be
implemented only where triggered. Such an interpretation frees lands that are not
encumbered by great slope to be developed at urban level density. Based on the above,
Finley Estates: Declaratory Ruling
September 25, 2023
Page 7 of 2
the interpretation is supported both the City Comprehensive Plan and the overlay district,
and represents a balance that is consistent with state land use laws and regulations.
Further, based on a plain language interpretation of SDC 3.3.500 under Portland General
Electric Company v. Bureau of Labor and Industries, 317 Or 606, 610, 859 P2d 1143
(1993)("PGE"), "development area" is something different than "lot" or "parcel." The
terms "lot" and "parcel" are used in SDC 3.3.500 and are defined in SDC 6.1.1001. As
such, the city could not have intended the term "development area" to mean "lot" or
"parcel." If such a definition was intended, the Council would have simply used the
defined terms. The definition of "lot coverage'," conclusively shows that "lot, "parcel",
"property," and "development area" are different things. The proposed definition of
"development area" is a feasible interpretation.
Exhibits:
Location map
Graphics
1 Lot/parcel: lawfully established units of land. See ORS 92.
Property: area of land that may or may not be lawfully created. See ORS 92.
Tax lot: Identification designation created by the County assessment and taxation office.
2 "Lot Coverage. The area of a lot, parcel, property, or development area covered with a structure excluding
up to 18 -inch cave overhangs."
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EXHIBIT B
GRAPHIC 1- AVERAGE SLOPE
y
Run (horizontal distance)
Rise {Y} = 6.0
Run (X) = 12.0
Average Slope = 506
Developable =
The graph aboveis for illustrative purposes only. In this illustration,
Segment as represents a n average slope across the entire site. The
average slope across the entire site falsely represents slope in the
flatter areas; such as the plateau across the top left of the figure.
DECLARATORY RULING - INTERPRETATION OF SDC 3.3.520
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GRAPHIC 2 - DEVEOPLMENT AREA
Run (horizontal dMancle-)
Segment 01
Rise (Y) = D.5
Run (X) _ &D
AverageSlope = 6%
Developable =
1
Rise (Y) = 5.5
Run (X) = 4.0
Average Slope = 138°
Developable =
In this illustration, Segment 01 represents relatively flat 1.0 --acre
developable area. Segment 02 represents a: steep .80-a.cre
undevelopable area.. Applicant seeks recognition of developable
areas like those represented by Segment 01 and authorization to
build in these areas.
DECLARATORY RULING - INTERPRETATION OF SDC 3.3.520
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