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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; k;�5— p ` �'� Case No.: 6 V0DOrzw--P Date: Reviewed by: Y" Application Fee: Technical Fee: 5. �� Postage Fee. w TOTAL FEES: $ PROJECT NUMBER: .'J'ix'�_ Ei:kf?y.. _ _ y'1'�'i`�liX _ .`� _ ^ i�:+''.'4 QMY rc ; if s'G Yiwrw• I of 6 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 omdc—i 1 io/nQ ime 2 of 6 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� N. gm.rcJw I f! t! lJyJ f1! J! ]f'.f Ih�4ret�M *** 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." r 43 -RiJ_S • •' J 0 w EXHIBIT c J =L�aad =aao� n e;os�`a o�@SQA=o r V U g ss €o. X s€tia`m. azo E r S n 9 g g SEa`ocn n� io: s �CEN3 . P _ _ A 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 sa 4 T3 1p a C7 Ti FA k w �i k ti Cn O .a Ln I+a P 4h r ED y m k m t q in 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 0 2s rP ch -es Er I� r x z P. ER sa v v h 0 c a c m 0 a m r"D 3 JIQD 2' rD 10 N r O w x, w N r Q V U LnU L, Icaoin to 12 w go Ln N " En C p C 4 ro r�D_mam 13- > rD > 11 cn 11 O) 11 �-4 11 4-4 11 00 F -I N W U1 F� N W Ln V1 -I 0 0000 -4%J l0 l0 NO � 0 0 o 0 0 0 0 0 0 N W Un O W N W N `........... 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