HomeMy WebLinkAboutCorrespondence DLCD 9/27/2007
Oregon
Theodore R. Kulongoski, Governor
Department of Land Conservation and Development
635 Capitol Street, Suite 150
Salem, OR 97301-2540
(503) 373-0050
Fax (503) 378.55'18
www.lcd.state.or.us
September 27, 2007
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AMENDED NOTICE OF ADOPTED AMENDMENT
TO:
Subscribers to Notice of Adopted Plan
or Land Use Regulation Amendments
Date R~iVed: cq - 2. 7 -0 7
Planner: GK D LC D ()JfIWrIcJ..uJ.....
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FROM:
Mara Ulloa, Plan Amendment Program Specialist
SUBJECT; City of Springfield Plan Amendment
OLCO File Number 007.07
The Department of Land Conservation and Development (OLCO) received the attached notice of
adoption., Oue,to the size of amended material submitted, a complete copy has not been attached. A
copy ofthe adopted plan alllendment is available for review at the OLCO office in Salem and the local
government office.
, A ppeal Procedures'
DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: October 10,2007
This amendment was submitted to OLCO for review 45 days prior to adoption, Pursuant to ORS 197,830
(2Xb) only persons who participated in the local government proceedings leading to adoption of the
amendment are eligible to appeal this decision to the Land Use Board of Appeals (LUBA),
If you wish to appeal, you must file a notice of intent to appeal with the Land Use Board of Appeals
(LUBA) no later than 21 days from the date the decision was mailed to you by the local government. If
. you have questions, check with the local government to determine the appeal deadline. Copies of the
notice of intent to appeal must be served upon the local government and others who received written
notice of the final decision from the local government. The notice of intent to appeal must be served and
filed in the form and manner prescribed by LUBA, (OAR Chapter 661, ~ivision 10), Please call
LUBA at 503-373-1265, if you have questions about appeal procedures.
'NOTE: THE APPEAL DEADLINE IS BASED UPON THE DATE THE DECISION WAS
MAlLED BY LOCAL GOVERNMENT. A DECISION MAY HAVE BEEN,
MAlLED TO YOU ON A DIFFERENT DATE THAN IT WAS MAILED TO
DLCD. AS A RESULT YOUR APPEAL DEADLINE MAY BE EARLIER THAN
THE ABOVE DATE SPECIFIED.
Cc: Gloria Gardiner, OLCO Urban Planning Specialist
Marguerite Nabeta, OLCO Regional Representative
Steve Oulman, OLCO Transportation Planner
Amanda Punton, OLCO Natural Resource Specialist
Gary Karp, City of Springfield '
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ORDINANCE NO.
6206
(General)
AN O.RDINANCE AMENDING AND REFORMATTING THE SPRINGFIELD DEVELOPMENT CODE,
ADOPTING", SEVERABILITY CLAUSE. AND DECLARING AN EMERGENCY.
THE CITY COUNCIL OF THE CITY OF SPRINGFIELD FINDS THAT:
WHEREAS, the Springfield Development Code (SDC) was adop!ed by t.he Springfield City
Council on May 5,.1986, and amendments thereto were subsequently. adopted by Ordinance; and
WHEREAS,,in the 21 years since the adoption 01 the SDC, the City has made numerous minor
amendments to the SDC to implement both State arid local planning mandates and local planning
priorities; and
WHEREAS, over time, these SDC amendments have resulted in a document that has become
cumbersome and difficult to understand for both staff and potential developers; and
WHEREAS,. in order to address these issues, the City contracted V'ith Eaton Planning Services
to perform an audit of the SDC in early 2005 funded by the Oregon Department of Land Conservation and
Development (DLCD) with a Technical Assistance Grant; and .'
. WHEREAS, the results 01 the a~dit were reviewed by the Planning C9rnmis~lonand City Council
in Spring 2005 and staff was authorized to proceed with the SDC Edit and Relormat Project in order to
make the SDC more contemporary and user-friendly; and ' ',' ,
WHj:REAS. the propose!! amended and reformatted SDC is generally based on a layout used lor
the "Model DevelopmentCode lor Small Cities" and converts the current three Chapters and 44 Articles
into 6 Chapters; and .' '
WHEREAS, the proposed amended and reformattEtd, SDC does not include any "policy" changes;
and
WHEREAS, the proposed amended and relormatted SDC does notcreate new land use
regulations that may give rise to Ballot Measure 37 claims, or claims. under proposed Ballot Measure 49;
and
WHEREAS, Article 7 of the current SDC sets lorth procedures lor the amendment 01 this
document; and .
WHEREAS, on June 5, 2007, the Springfield Planning Commission held a work session and
conducted a public hearing on this SDC reformat and amendment application (CaSe Number LRP 2007-
00015) voting 5 to .0, with 2 absent to recommendapproval9f the proposed Ordinance \0 the City Council
based upon findings in support of adoption 01 these amendments to the SDC as set lorth in the Staff
Report and the Recommendation to the Council ipcorporated herein by relerence; and
.
WHEREAS, on July.16, 2007, staff prepared and distributed a copy of the proposed amended
and relormatted SDC lor Council review and comment.
WHEREAS, on September 17. 2007, the Springfield Common Council held a work session and
conducted a public hearing and is now ready to take action on this application based upon findings in
support 01 adoption 01 these amendments to the SDC as set lorth in the alorementioned Staff Report to
the Council incorporated herein by relerence and the evidence and testimony already in the record as
well as the evidence and testimony presented at this public hearing held in the matter of adopting this
Ordinance amending the SDC.
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NOW THEREFORE, THE CITY OF SPRINGFIELD ORDAINS AS FOllOWS:
Section 1: The most-recent version of the Springfield Development Code, including: the Tille Page;
Table of Contents; Chapter I Procedures, including Articles 1-15, Chapter II Zoning and Overlay Districts,
including Articles 16-30; Chapter,lIJ Development Standards, including Articles 31-44; and the Appendix 1-3
are hereby amended and reformatted as follows: the Title Page is revised; Table 01 Contents which
complies with the new lormat; Chapter 1, Introduction, which explains the relationship of the SDC to the
State-wide Planning Goals and the Metro Plan; Chapter 2, General Provisions, which contains the SDC's
purpose and applicability, enlorcement regulations'and a discussion 01 application fees; Chapter 3, land
Use Districts, which discusses the City's Official Zoning' Map and lists all Base Zoning Districts, Overlay
Districts and Plan Districts and base development standards; Chapter 4, Development Standards, which
contains both development standards not listed in Chapter 3 and specific development standards for certain
uses; Chapter 5, land Use Applications, which discusses the development review, the public hearing and
appeals processes, and lists the procedures lor land use, limited land use and other required applications;
and Chapter 6, Definitions, which contains definitions for terms used throughout the Code.
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Section 2: The amended and reformatted Springfield Development .Code, a true copy 01 which is
attached hereto and incorporated herein by relerence, is herby adopted,
Section 3: 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 01 competent jurisdiction, such
portion shall be deemed a separate, distinct and individual provision and such holding shall not affect the
, validity of the remaining portions' hereol. .
Section 4: Construction/Interpretation. In amending and re-formatting the Springfield Development
Code it is not the intent 01 the City'of Springfield to create new land use regulations which may give rise to
"Ballot Measure 37" claims or similar claims. In the event that a land use regulation re-formatted as
described herein as a result of the reformatting is capable ot'lwo interpretations, one which may give rise to
a claim for compensation pursuant to Ballot Measure 37, or proposed Ballot Measure 49, or other similar
claims, and one which does not, the land use regulation should be interpreted in a way which does not give
rise to the Ballot Measure 37, or proposed Ballot Measure 49 claim.
. Section 5: Declaration of Emergency. It is hereby lound and declared that matters
pertaining to this amendment of the Springfield Development Code regarding the relormat affect
the public health, safety and welfare of the City of Springfield and that this Ordinance shall,
therefore, take effect immediately upon its passage by the Council and approval by the Mayor.
ADOPTED by the Common Council of the City of Springfield by a vote of ~ for and JL. against,
this 17tbdayof Seotember ,2007.
APPROVED by the Mayor of the City of Springfield, this 1 7thday 01
ATTEST:
Seotember .2007.
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OFFICE OF ;';~"T\' ,ATTORNCY
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CITY OF SPRINGFIELD
DEVELOPMENT SERVICES DEPARTMENT
225 FIFTH STREET .
SPRINGFIELD, OREGON 97477
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MAILING DATE OF NOTicE:
DATE OF DECISION:'
EFFECTIVE DATE:
JOURNAL NUMBER:
APPLICANT:
NATURE OF REQUEST
AN ORDINANCE AMENDING AND REFORMATTING THE SPRINGFIELD DEVELOPMENT CODE,
ADOPTING A SEVERABILITY CLAUSE AND DECLARING AN EMERGENCY.
I pURPOSE OF THE.AMDNEMENTS :. ,', c ,
The SDC was adopted in May, 1986. In the 21 years since its adoption, the City has made
piecemeal amend.ments to the SDC to implement both State and local planning mandates and
local planning priorities. Over time, these SDC amendments have resulted in a document that has
become cumbersome and difficult to understand for both staff and potential developers. In order
to address these issues, the City contracted with Eaton Planning Services to pertonn an audit of
the SDC in early 2005. That project was funded by the Oregon Department of Land Conservation
and Development (DLCD) with a Technical Assistance Grant. The results of the audit were
reviewed by the Planning Commission and Council in Spring 2005. Staff was authorized to
proceed with the SDC Edit and Refonnat Project In order to make the SDC more contemporary
and user-friendly. Staff established a technical advisory committee to assist with the project The
.proposed refonnatted SDC is generally based on a layout used for the "Model Development Code
for Small Cities" and converts the current 44 articles into 6 chapters. The proposed refonnatted
SDC also places current text describing various standards into tables, combines Subdivision and
Partition regulations Into one Section and reduces redundant language, for example, "consistency
with the Metro Plan" is placed In one location and deleted from each IndivIdual zoning district
description. The proposed refonnatted SDC does not include any "policy" changes, such as
additions to use lists or new development standards. These issues will be addressed later this
year or early next year, in work sessions with the Planning Commission and Council.
I PROCEEDINGS "AND DECISION "'t :','; .'
On June 5, 2007, the Planning Commission held a work session antI public hearing on this matter.,
There was no public .testimony. The Planning Commission voted 5-0, with 2 absent t~ ,advise the
Council to approve the proposed SDC amended and refonnatted Ordinance. In July, due to the
size of the document, staff provided the Council an opportunity to become familiar with the
refonnatted SDC in advance of thi,s scheduled public hearing. Staff is requesting the adopting
Ordinance include an emergency clause for this reason and in order to meet the time line for Lane
County adoption, which is scheduled In October. Lane County must adopt amendments to the
SDC as specified in the Intergovernmental Agreement which gives the City zoning authority
between the city limits and the urban growth boundary. On September 17, 2007, the City Council
held a work session and public hearing on this matter. There was no public testimony. The City
Council voted 6-0 to approve SDC amended and refonnatted Ordinance
I ADDITIONAL INFORMATION ' ,
If you have queStions concerning the amendment or the decision of the CIty Council In this
matter, please contact Gary M. Karp, Senior Planner at 541.726.3775. E-mail address:
okaroliilci.sorinafieid.or.us. The adopting ordinance, along with supporting staff reports and
documents, are available for review between 8:00AM and 4:00PM, at the Development Services
Department counter, Springfield City Hall, at 225 Fifth Street These documents can be e-malled
to Interested parties if an e-mail address is provided.
I APPEAL,
All parties are advised that a Notice of Intent to Appeal confonning to the requirements of the
Oregon Revised Statutes 197.830(9) shall be filed on or before the 21st day after the mailing date
of this notice. All parties are further advised to consult an attorney or land use consultant
regarding their appeal. .
September; 19, 2007
September 17, 2007
September 17, 2007
LRP 2007-00015
City of Springfield
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.ATTACHMENT 1
STAFF REPORT, F1N.oINGS AND ORDER
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Attachment
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MEMORANDUM
CITY OF SPRINGFIELD
DATE OFWORKSESSION/PUBLlC HEARING: June 5, 2007
TO:
Springfield Planning Commission
PLANNING COMMISSION
TRANSMITTAL
MEMORANDUM
FROM:
Gregory S, Mott, Planning Manager
Gary M, Karp, Planner III
SUBJECT: Amendment and reformat 01 the Springfield Development Code, City..ol Springfield, Applicant
Case Number - LRP 2007-00015
ISSUE
Conduct a work session and a public hearing on the proposed amendment and relormat of the Springfield
Development Code (SDC) and decide whether to advise the City Council to approve, approve with amendments or
deny the application.
'DlSCUSSION
The SDC was adopted in May, 1986. In the nearly 21 years since its adoption, the City has made piecemeal
amendments to the SDC to implement both state and local planning mandates and local planning pnorities. Over
time, these SDC amendments have resulted in a document that has become cumbersome and difficult to
.understand lor both,staff and potential developers. In order to address these issues, the City contracted with Eaton
Planning Services to perform an ,audit 01 the SDC in early 2005. That project was funded by the Oregon
Department of Land Conservation a'nd Development (DLCD) with a Technical Assistance Grant" The results 01 the
audit were reviewed by the Planning Commission and City Council in Spring 2005. At that time, the Planning
Commission recommended, and the City Council endorsed, proceeding with this SDC Edit and Reformat Project in
order to make the SDC more contemporary and user-friendly. Staff established a technical advisory committee and
has updated the Planning Commission several times during the course of this project. The proposed amended and
relormatted SDC is generally based on a layout used for the "Model Development Code lor Small Cities" and '
converts the current 44 articles into 6 chapters: Chapter 1, Introduction, explains the relationship 01 the SDC to the
State-wide Planning Goals and the Metro Plan; Chapter 2, General Provisions, contains the SDC's purpose and
applicability, enlorcement regulations and a discussion 01 applica1ion lees; Chapter 3, Land Use Districts, discusses
the City's Official Zoning Map and lists all Base Zoning Districts, Overlay Districts and Plan Districts and base
development standards: Chapter 4, Development Standards, contains both development standards not listed in
Chapter 3 and specific development standards lor certain uses; Chapter 5, Land Use Applications, discusses the
development review, the public hearing and appeals processes, and lists the procedures lor land use, limited land
use and other required applications; and Chapter 6, Definitions, con1ains definitions lor terms used throughout the
Code. The proposed amended and relormatted SDC also places current text describing various standards into
tables, combines Subdivision and Partition regulations into one Section and reduces redundant language, for
example, "consistency with the Metro Plan" is piaced in one location and deleted Irom each individual zoning district
description. The proposed amended and reformatted SDC does not in.clude any "policy" changes, such as
additions to use lists or new development standards. Policy issues and other potential text revisions that may be
addressed after adoption 01 the SDC amendment and relormat are included in Attachment 3.
RECOMMENDATION
Staff recommends approval 01 the proposed SDC amendmen1 and relormat based on the attached findings.
ACTION REQUESTED
Advise the City Council, by motion and signature of the attached order and recommendation by the Planning
Commission Chairperson, to approve the proposed SDC amendment and reformat at their public hearing on July 2,
2007 (First Reading).
ATTACHMENTS
Attachment 1: Staff Report, Findings and Order
Attachment 2: Proposed Amended and Relormatted Springfield Development C'ode
Attachment 3: list of Potential Policy Issues and Text Revisions
1-2
ATTACHMENT 1
STAFF REPORT, FINDINGS AND ORDER
PROPOSED SPRINGFIELD DEVELOPMENT CODE AMENDMENT AND REFORMAT
APPLICANT
City of Springfield - Jo. No. LRP 2007-00015
REQUEST
Amendment and Reformat of the Springfield Development Code (SDC).
BACKGROUND
The SDC was adopted in May, 1986. In the nearly 21 years since its adoption, the City has
made piecemeal amendments to the SDC to implemerit both state and local planning mandates
and local planning priorities. Over time, these SDC amendments haye resulted ina document
that has become cumbersome and difficult to understand for both staff and potential developers.
In order to address these issues, the City contracted with Eaton Planning Services to perform
an audit of the SDC in early 2005. That project was funded by the Oregon Department of Land
Conservation and Development (DLCD) with a Technical Assistance Grant. The results of the
audit were reviewed by the Planning Commission and City Council in Spring 2005. At that time,
the' Planning Commission recommended"and the City Council endorsed, proceeding with this
SDC Edit and Reformat Project in order to make the SDC more contemporarY and user-friendly.
Staff has updated the Planning Commission several times during the course of this project. The
amended and reformatted SDC is generally based on a layol:Jt used for the "Model Development
Code for Small Cities" and converts the current 44 arlicles into 6 chapters. The proposed
amended and reformatted SDC also places text describing various standards into tables,
combines Subdivision and Partition regulations into one Section and reduces redundant
language, for example, "consistency with the Metro Plan" is placed in one location and deleted
from each individual zoning district description. The proposed amended and reformatted SDC
does no! include any "policy" changes, such as additions to use lists or new development
standards. .
SPRINGFIELD DEVELOPMENT CODE CRITERIA FOR SDC AMENDMENTS
SDC 8.030 of the Springfield Development Code establishes criteria that must be met in order
to approve this request. "In reaching a decision on these actions, the Planning
Commission and the City Council shall adopt findings which demonstrate conformance
to the following: (1) The Metro Plan; (2) Applicable State statutes; and (3) Applicable
State-wide Planning Goals and Administrative Rules."
(1) The Metro Plan;"
"The Eugene-Springfield Metropolitan Area General Plan [Metro Plan] is the official long-
range general plan (public policy document) of metropolitan Lane County and the cities
of Eugene and Springfield. Its policies and land use designations apply only within the
area under the jurisdiction of the Plan. The Plan sets forth general planning policies and
land use allocations and seNes as the basis for the coordinated development of
programs concerning the use and conseNation of physical resources, furtherance of
assets, a'nd development or redevelopment of the metropolitan area." P. 1-1
1-3
,Staff ReSDonse and Findina,:
This is an amendment and reformat of an existing specific regulation, the SOC. The SOC
adopted in 1986 and the 60 plus amendments to the document since that time have complied
with the Metro Plan policies. The intent is to make the SOC more contemporary and user-
friendly, with !!Q .policy" changes. Therefore, the proposed amended and reformatted SOC has'
no effect on, nor is it affected by Metro Plan policies..
"(2) Applicable State statutes,"
CHILD CARE FACILITIES
ORS 657 A.250
Staff Resoonse and Findino,:
The proposed amended and reformatted SOC includes the change i..n terminology from "day
care" to' .child care" based on a recent amendment of ORS 657 A.250, which regulates child
care facilities in Oregon. This use is found in various use lists in proposed Chapter 3 and
requires' special siting standards as specified in proposed Section 4.7-125. Staff discussed this
issue with the Planning Commission at a work session on January 17, 2007., The Planning
Commission agreed with staff that the change in terminology was not a .policy" issue. This is
an amendment and reformat of an existing specific regulation, the SOC. The intent is to make
the SOC more contemporary and user-friendly, with no .policy" changes. However, the
proposed amended and reformatted SOC is now consistent with the .child care" terminology
contained in ORS 657 A.250.
POST ACKNOWLEDGEMENT PROCEDURES
ORS 197.610
"197.610 Local government notice of proposed amendment or new regulation;
exceptions; report to commission.
(1) A proposal to amend a local government acknowledged comprehensive plan or land
use regulation or to adopt a new land use regulation shall be forwarded to the Director of
the Department of Land Conservation and Development at least 45 days before the first
evidentiary hearing on adoption. The proposal forwarded shall contain the text and any
'supplemental information that the local government believes is necessary to inform the
director as to the effect of the proposal. The notice shall include the date set for the first
evidentiary hearing. The director shall notify persons who have requested notice that the
proposal is pending.
(2) When a local government determines that the goals do not apply to a particular
proposed amendment or new regulation, notice under subsection (1)'of this section is
not required. In addition, a lo.cal government may submit an amendment or new
regulation with less than 45 days' notice if the local government determines that there
are emergency circumstances requiring expedited review. In both cases:
(a) The amendment or new regulation shall be submitted after adoption as provided in
ORS 197.615 (1) and (2); and .
(b) Notwithstanding the requirements of ORS 197.830 (2), the director or any other
1-4
person may appeal the decision to the board under ORS 197.830 to 197.845...:'
Staff ResDonse and FindinQ:
The ORS ,cited above applies to the Department of Land Conservation and Development
(OLCO) notification as required as part of the processing of this amended and reformatted SOC.
The City sent notice for the proposed amended and reformatted SOC via FedEx to the OLCO on
April 19, 2007. The notice included the proposed amended and reformatted SOC with
commentary and background information. The notice needed to be received by OLCD by April
22, 45 days prior to the first evidentiary hearing (before the Planning Commission) scheduled for
June 5.2007, FedEx acknowledged OLCO receipt of the proposed amended and'reformatted
SDC on April 20, 2007. Therefore, the OLCO notice process cited above complies with ORS
197,610.
"(3) Applicable State-wide Planning Goals and Administrative Rules."
GOAL 1: CITIZEN INVOLVEMENT - OAR 660-015-0000(1)
GOAL 2: LAND USE PLANNING OAR 660-015-0000(2)
GOAL 3: AGRICULTURAL LAND OAR 660-015-0000(3)
GOAL '4: FOREST LANDS OAR 660-015"0000(4)'
GOAL 5: NATURAL RESOURCES, SCENIC AND HISTORIC AREAS, AND OPEN SPACES
OAR 660-015-0000(5)
GOAL 6: AIR, WATER AND LAND RESOURCES QUALITY OAR 660-015-0000(6)
GOAL 7: AREAS SUBJECT TO NATURAL HAZARDS
GOAL 8: RECREATIONAL NEEDS OAR 660-015-0000(8)
GOAL 9: ECONOMIC DEVELOPMENT OAR 660-015-0000(9)
GOAL 10: HOUSING OAR 660-015-0000(10)
GOAL 11: PUBLIC FACILITIES AND SERVICES OAR 660-015-0000(11)
GOAL 12: TRANSPORTATION OAR 660-015-0000(12)
GOAL 13: ENERGY CONSERVATION OAR 660-015-0000(13) ,
GOAL 14: URBANIZATION OAR 660-015-0000(14)
GOAL 15: WILLAMETTE RIVER GREENWAY OAR 660-015-000(15)
GOAL 16: ESTUARINE RESOURCES OAR 660-015-000(16)
GOAL 17: COASTAL SHORELANDS OAR 660-015-000(17)
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GOAL 18: BEACHES AND l:lUNESOAR 660-015-000(18)
GOAL 19: OCEAN RESOURCES OAR 660-015-000(19)
Staff Resoonse and Findinos,:
Goals 1-15 This is an amendment and reformat of an e::<isting specific regulation, the soe.
The intent is to make the SDC more contemporary and user-friendly, with no 'policy' changes.
Therefore, except for Goal 1 , the proposed amended and reformatted SOC has no effect on, nor'
is it affected by the State-wide Planning Goals (2 through 15),
Goals 16-19. .These goals do not apply because there are no coastal, ocean, estuarine, or
beach and dune resources within the City's jurisdiction.
The SOC adopted in 1986 and the 60 plus amendments to the document since that time have
complied with the State-wide Planning Goals, In this case, there are no State-wide Planning
Goals or Administrative Rule which apply to this amended and reforr,natted SOC other than
compliance with Goal 1 , Citizen Involvement, pertaining to public notice. Notice of Planning
Commission and City Council public hearings 'were printed in the Register Guard and placed on
the City's web site 'on or before May 26, 2007, In addition, in April 2006, a questionnaire
concerning this project was mailed to forty-three area architects, engineers, landscape
architects, land surveyors 'and planners. Only two replied and those comments were deemed
to be "policy' issues that will be addressed separately from this proposed amended and
reformatted SOC. '
Therefore, other than Goal 1, no other State-wide Planning Goals apply to the proposed
amended and reformatted SOC,
CONCLUSION/RECOMMENDA nON/REQUESTED ACTION
Staff has demonstrated criteria of approval listed in SOC 8,030: (1) Metro Plan policies; (2)
State statutes; and (3) State-wide Planning Goals and Administrative Rules either do not apply
to, or this proposed amended and reformatted SOC minimally impacts, the criteria,
Staff recommends the Planning Commission: approve the attached Order and forward the
proposed amended and reformatted SOC to the City Council with a recommendation for
adoption,' .
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'BEFORE THE PLANNING COMMISSION
OF THE CITY OF SPRINGFIELD, OREGON
ORDER AND RECOMMENDATION FOR ]
THE SPRINGFIELD DEVELOPMENT CODE]
AMENDMENT AND REFORMAT ]
RECOMMENDATION TO THE CITY COUNCil
JO. NO. lRP 2007-00015
NATURE OF THE APPLICATION
"
In Spring 2005, the Planning Commission recommended, and the City Council endorsed, proceeding
with the SDC Edit and Reformat Project in order to make the SDC more contemporary and user-
friendly. The amended and reformatted SDC is generally based ona layout used for the "Model
Development Code for Small Cities. and converts the current 44 articles into 6 chapters. The
proposed amended and reformatted SDC also places text describing various standards into tables,
combines Subdivision and Partition regulations into one Section and reduces redundant language, for
example, "consistency with the Metro Plan" is placed in'one location and deleted from each individual
zoning district description. The proposed amended 'and reformatted SDC sloes not include any
'policy. changes, such as additions to use lists or new development standards.
1. On April 17, 2007 the following application was accepted:
Jo. No. lRP 2007-00015 - City of Springfield, Applicant - Springfield Development Code
Amendment and Reformat.
2. The application was initiated and submitted in accordance with Section 3.050 of the Springfield
Development Code, Timely and sufficient notice of the public hearing, pursuant to Section 14.030
of the Springfield' Development Code, has been provided. ' .
3, On June 5, 2007 the Planning Commission held awork session and publiC hearing on,the
proposed amended and reformatted SOC. The Development Services Department staff notes and
recommendation together with the oral testimony and written submittals of the persons testifying at
that hearing have been considered and are part of the record of this proceeding,
CONCLUSION
On the basis of this record, the proposed amended and relormatted SDC is consistent with the criteria
of Section 8.030(1-3) of the Springfield Development Code. This general finding is supported by
the specific findings of fact and conclusion in Attachment 1, Staff Report and Findings.
ORDERfRECOMMENDA TlON
"', ORDERil't~~' Sprie"'1d PI''''"' Comm'''''' tho< 'PD", val of JO. NO, LRP 2007-00015,
'" ~y l' RECOMMENDATION ,<X 'PD'"'' fo~"d" " th, Sprio",1d C'y Co,","
Plaririg Commission Chairperson
ATTEST .
AYES: 'i"
NOES: 0
ABSENT: A
ABSTAIN: 0
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ATTACHMENT 2
PROPOSED REFORMATTED SDC
Attachment
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3,2-245
3.2-250
3.2-300
TABLE OF CONTENTS
CHAPTER 1
INTRODUCTION
SYNOPSIS
LEGAL FRAMEWORK
Statewide Planning Goals and the Metro Plan
Oregon's Limd Use Planning Program - Comprehensive Plans
Oregon's Land Use Planning Program - Local Implementation Regulations
Local Implementation Regulations - Springfield Development Code
Application Review Procedures
Local Implementation Regulations - Roles of the Planning Commission and
City Council
CHAPTER 2
GENERAL PROVISIONS
GENERAL PROVISIONS
Title
Purpose
Applicability
Enforcement
Violation and Penalties
Severability
Fees
'.
CHAPTER3 ,
LAND USE DISTRICTS
OFFICIAL ZONING MAPS
Official Zoning Maps - Description
Zoning Map Amendments
Determination of Zoning District Boundaries
Zoning Verification
BASE ZONING DISTRICTS
RESIDENTIAL ZONING DISTRICTS
Establishment of Residential Zoning Districts
Schedule of Use Categories
Base Zone Development Standards
Additional Panhandle Lot/Parcel Development Standards
Base Solar Standards
Cluster Subdivisions
Residential Manufactured Dwellings
Multi-Unit Design Standards
, Multi-Unit Alternative Design Discretionary Criteria
Multi-Unit Design Standard Variances'
COMMERCIAL ZONING DISTRICTS
Springfield Development Code, Table of Conten~s
Page 1
(""-.
3.2-305
3.2-310
3.2c315
3.2-400
3.2-405
3.2-410
3.2-415
3.2-420
3.2-425
3.2-430
3.2-435
3.2-440
3,2-445
3.2-450
3.2-500
3.2-505
3.2-510
3.2-515
3.2-600
3.2-605
3.2-610
3.2-615
3.2-620
3.2-625
3.2-630 ,
3.2-635
3.2-700
3.2-705
3.2-710
3.2-715
3.2-800
3.2-805
3,2-810
3.2-815
3.2-820
3.2-825
3,2-830
3.3-100
3.3-200
3.3-205
3.3-210
3.3-215
3,3-220
3,3-225
3,3-230
3,3-235
, 3,3-240
3.3-245
3.3-300
3.3-305
3.3-310
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Establishment of Commercial Zoning Districts
Schedule of Use Categories
Base Zone Development Standards
INDUSTRIAL ZONING DISTRICTS
Establishment of Industrial Zoning Districts
Schedule of LMI, HI and SHIUse Categories
Schedule of CI Use Categories
Base Zone Development Standards
CI District - Operational Performance Standards
CI District - Monitoring Uses
CI District - Status of Existing Uses
. CI District - Conceptual Development Plans and Master Plans
CI District - Design Standards
'Business/lndustrial Parks
MEDICAL SERVICES ZONING DISTRICT
Establishment of the Medical Services District
Schedule of Use Categories
Base Zone Development Standards
MIXED USE ZONING DISTRICTS
Establishment of Mixed-Use Zoning Districts
Schedule of Use Categories
Base Zone Development Standards
Mixed Use Development Standards - Conflicts and Exemptions
Mixed Use Development Standards - General
Mixed Use Development Standards'- Specific
Phased Development
PUBLIC LAND AND OPEN SPACE ZONING DISTRICT
Establishment of the Public Land and Open Space District
Schedule of Use Categories '
Base Zone Development Standards
QUARRY AND MINING OPERATIONS ZONING DISTRICT
Establishment of the Quarry and Mine Operations Zoning District
Review
Schedule of Use Categories'
Permits for Quarry and Mine Extraction
Operation and Reclamation Standards
Blasting Standards
OVERLAY DISTRICTS
DRINKING WATER PROTECTION OVERLAY DISTRICT
Purpose
Applicability
Warning and Disclaimer of Liability
Time of Travel Zones
Review
Exemptions ,
Standards for Hazardous Materials within Time of Travel Zones
Conditions
AppealS
W1LLAMETTE GREENWAY OVERLAY DISTRICT
Purpose
Applicability
Springfield Development Code, Table of Contents
Page 2
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3.3-315
3.3-320
3.3-325
3.3-330
3.3-400
3.3-405
3.3-410
3.3-415
3.3~20
3.3-425
3.3-430
3.3-435
3.3-440
3;3-445
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3.3-500
3.3-505
3,3-510
3.3-515
3.3-520
3.3-525
3.3-530
3.3-535
3.3-540
3.3-600
3.3-700
3.3-800
3.3-805
3.3-810
3,3-815
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3.3-820
3.3-825
3.3-900
3.3-905
3.3-910
3.3-915
3,3-920
3,3-925
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. 3.3-930
3.3-935
3.3-940
3.3-945
3.3-950
3.3-1000
3.3-1005
3.3-1010
3,3-1015
3.3-1020
3.3-1025
Review
Permitted and Discretionary Uses
Greenway Setback
Development Standards
. FLOODPLAIN OVERLAY DISTRICT
Purpose .
Applicability
Review
Development Standards
Emergency Approval
Variance Procedures
Post-Flood Substantial Damage Procedures
Periodic Floodplain Inspections and Enforcement Actions
Land and Drainage Alteration Permits - Enforcement of Requirements and
Penalties .
HILLSIDE DEVELOPMENT OVERLAY DISTRICT
Purpose
Applicability
Review
. Development Density Options
Street Grade Standards
Reports Required
Modification of Standards
Fire Protection Requirements
RESERVED FOR FUTURE USE
RESERVED FOR FUTURE USE
URBANIZABLE FRINGE OVERLAY DISTRICT'
Purpose
Applicability
Schedule of Use Categories when there is an Underlying Residential,
Commercial, or Industrial District
Review
Additional Provisions
HISTORIC OVERLAY DISTRICT
Purpose
Applicability
Review
Establishment oUhe Historic LandmarK Inventory
Removal of Individual Historic LandmarK Sites and Structures from the Historic
LandmarK Inventory . .
Establishment and Modification of Historic Landmark Districts
Schedule of Use Categories
Development Standards
Major and Minor Alteration Standards
Demolition Standards
NODAL DEVELOPMENT OVERLAY DISTRICT
Purpose, Applicability and Review
Permitted Uses and Prohibited Uses.
Location Standards
Minimum Density and General Development Standards
Specific Design Standards
Springfield Development Code, Table of Contents
Page 3
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3.3-1100
3.3-1105
3.3-1110
3.3-1115
3~3-1120
3,3-1125
3.4-100
3.4-200
3,4-205
3.4-210
3.4c215.
3.4-220
3.4-225
3.4-230
3.4-235
3.4-240
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3.4-245
3.4-250
3.4-255
3.4-260
3.4-265
3.4-270
3.4-300
3.4-305
3.4-310
3.4-315
3,4-320
3.4-325
3.5-100
:r--.
4.1-100
4.1-105
4.1-110
4.2-100
, 4.2-105
4.2-110
4.2-115
4.2-120
4.2-125
4.2-130
4.2-135
4.2-140
4.2-145
4.2-150
4.2-155
4.2-160
HOSPITAL SUPPORT OVERLAY DISTRICT
Purpose
Applicability
Review
Permitted or Discretionary Uses
Hospital Support Overlay Design Standards
PLAN DISTRICTS '
GLENWOOD RIVERFRONT PLAN DISTRICT
Purpose
Applicability
Review
New Master Plan,and Master Plan Modifications Criteria of Approval
New Master Plan or Master Plan Modificatiol)s Conditions of Approval
Schedule Of Use Categories
Prohibited Uses
Base Zone Development Standards; Off-Street Parking, and Fence
~~~ '
Specific Development Standards
Minimum Density and General Development Standards
Standards Specific to Residential Development
Special Standards for Development Fronting the Willamette River
Street, Sidewalk, and Alley Standards
Drainage System Standards
BOOTH-KELLY MIXED USE PLAN DISTRICT
Establishment ofthe Booth-Kelly Mixed Use (BKMU) District
Development Area Plan and Design StandardS
Conceptual Development Plail
Schedule of Use Categories
Base Zone pevelopment Standards
REFINEMENT PLAN POLICIES (Reserved for Future Use)
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CHAPTER 4
DEVELOPMENT STANDARDS
INFRAsTRUCTURE STANDARDS -REFERENCE DOCUMENTS
Purpose
Applicable Documents
INFRASTRUCTURE STANDARDS- TRANSPORTATION
Public Streets
Private Streets
Block Length
Site Access and Driveways
Intersections
Vision Clearance
Sidewalks
Street Trees
Street Lighting
Bikeways
Pedestrian Trails
Accessways .
Springfield Development Code, Table of Contents
Page 4.
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4.3-100
4.3-105
4.3-110
4.3-115
4.3-120
4.3-125
4.3-130
4.3-135
4.3-140
4.3-145
4.4-100
4.4-105
4.4-110
4.4-115
4.5-100
4.5-105
4.5-110
4.6-100
4.6-105
4.6-110
4.6-115
4.6-120
4.6-125
4.6-130
4.6-135
4.6-140
4.6-145
4.6-150
4.6-155
4.7-100
4.7-105
4.7-110
4.7-115
4.7-120
4.7-125
4.7-130
4.7-135
4.7-140
4.7-145
4.7-150
4.7-155
4.7-160
4.7-165
4.7-170
4.7-175
4.7-180
4.7-185
4.7-190.
4.7-195
4.7-200
4.7-203
INFRASTRUCTURE STANDARDS - UTILITIES
Sanitary Sewers
Stormwater Management
Water Quality Protection
Utility Provider Coordination
Underground Placement of Utilities
Water Service and Fire Protection .
Major Electrical Power Transmission Lines
Public Easements
Wireless Telecommunications Systems Facilities
LANDS.CAPING, SCREENING AND FENCE STANDARDS'
Landscaping
Screening
Fences
ON-SITE LIGHTING STANDARDS
. Purpose and Applicability
Illumination and Height
VEHICLE PARKING, LOADING AND BICYCLE PARKING STANDARDS
Vehicle Parking - Purpose and Applicability
Vehicle Parking - General
Vehicle Parking ~ Parking Lot Design
Vehicle Parking - Parking Lot Improvements
Vehicle Parking - Number of Spaces Required
Loading Areas - Purpose and Applicability
Loading Areas - Facility Design and Improvements
Bicycle Parking - Purpose and Applicability
Bicycle Parking - Facility Design
Bicycle Parking - Facility Improvements
Bicycle Parking - Number of Spaces Required
SPECIFIC DEVELOPMENT STANDARDS FOR CERTAIN USES
Accessory Structures
Animal Overnight Accommodations
Auto and Truck Sales, ~ervice and Rentals
Bed and Breakfast Facilities
Child Care Facilities
. !
Churches '
Condominiums
Duplexes
Eating and Drinking Establishments
Garden Supply and Feed Stores
Group Care Facilities
High Impact Public Utility Facilities
Home Occupations
Manufactured Dwelling as a Permanent Office
Manufacturing as a Secondary Use
Mixed Use Districts
Night Watchman's Quarters
Professional Offices
.Public/Private Elementary/Middle Schools
Public and Private Parks
Public Land and Open Space
Springfield Development Code, Table of Contents
Page 5
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4.7-205
4.7~210
4.7-215
4.7-220
4.7-225
4.7-230 .
4.7-235
4.7-240
4.7-245
4.7-250
4.8-100
4.8-105
4.8-110
4.8-115
4.8"120
4.8-125
4.8-130
Recreational Facilities
Residential Uses in Commercial Districts
Rooming and Boarding Houses
RV Park Standards
RVs as a Residential Use
Secondary Retail Uses
Small Scale Repair and Maintenance Services
Transportation Facilities
Warehouse Commercial Retail and Wholesale
Wellness Centers
TEMPORARY USE STANDARDS
Manufactured Dwelling as a Temporary Residence after a Disaster
Manufactured Dwelling as a Construction Office
Manufactured Dwelling as a Sales Office on a Manufactured Dwelling Sales
Lot
Manufactured .Dwelling asa Temporary Office Prior to the Construction of a
Permanent Office
Sales/Display of Produce Grown.on the Property
Residential Dwelling as a Sales Office in a Subdivision
CHAPTER 5
THE DEVELOPMENT REVIEW PROCESS AND APPLICATIONS
('.
5.1-100
5.1-105
5.1-110
.5.1-115
5.1-120
5.1-125
5.1-130
5.1-135
5.1-140
5.1-145
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5.2-100
5.2-105
5.2-110
5.2-115
5.2-120
5.2"125
5.2-130
5.2-135
5.2-140
5.2-145
5.2-150
5.2-155
5.3-100
5.3-105
5.3-110
5.3-115
THE DEVELOPMENT REVIEW PROCESS
Description
Development Exemptions
The Development Review Committee
Pre-Development Meetings
Type I Applications (Ministerial)
Type II Applications (Administrative)
Type III Applications (Quasi-Judicial)
Type IV Procedure (Legislative)
Expedited Land Divisions
PUBLIC HEARINGS PROCESS
Purpose
Hearing Body Jurisdiction
Notice
Rules of Conduct
Conflicts, Disclosure and Challenge for Bias
Duties of the Presiding Officer
Order of Procedure
Burden of Proof
Record of Proceedings, Evidence and Summary of Testimony
Amendment and Suspensions
Finality of Decision
APPEALS
Purpose
Review
Appeals of the Director's or Hearings Official's Type II Decision,
Springfield Development Code, Table of Contents'
Page 6
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5.3-120
5.3-125
5.4-100
5.4-105
5.5-100
5.5-105
5.5-110
5.5~115
5.5-120
5.5-125
5.5-130
5.5-135
5.5-140
5.5-145
5.6-100
r,
5.6-105
5.6-110
5.6-115
5.7-100
5.7-105
5.7-110
5.7-115
5.7-120
5.7-125
5.7-130
5.7-135
5.7-140
5.7-'145
5.7-150
5.7-155
5.7-160
5.8-100
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5.8-105
5.8-1.10
5.8-115
5.8-120
5.8-125
5.8-130
5.8-135
5,8-140
5.8-145
5.8-150
5.9-100
5.9-105
5.9-110
5.9-115
5.9-120
5.9-125
Appeals of the Planning Commission's Type III Decision .
Appeals of the Hearings Official's and City Council's Final Action
DEVELOPMENT APPLICATIONS
Basic Application Submittal Requirements and Completeness Time Lines
ACCESSORY DWELLING UNIT
Purpose
. Applicability
Review
Submittal Requirements
Development Standards
. Design Standards
Prior Uses
Non-Conforming. Uses
. Prohibited Uses .
REFINEMENT PLANS, PLAN DISTRICTS AND THE DEVELOPMENT
CODE - ADOPTION OR AMENDMENT
Initiation
Review
Criteria
. ANNEXATIONS
Purpose
Applicability
Review
Development Issues Meeting
Annexation Initiation. and Application Submittal
Notice
Fiscallmpacl and Annexation Agreement
Criteria
Submittal of the Council's Resolution to the LCLGBC
Zoning
Notification of Utilities
Withdrawal from Special Service Districts
NON-CONFORMING USES - DETERMINATION, CONTINUANCE,
EXPANSION OR MODIFICATION
Purpose
Review
Determination of Non-Conforming Use Status
Continuance
Expansion or Modification
Abandonment
Lots of Record
Exemptions
Vested Rights - Completion of a Non-Conforming Building' or Structure
Ballot Measure 37 Demands
DISCRETIONARY USES
Purpose
Siting of SchoolS
Review
Criteria
Conditions
Springfield Development Code, Table of Contents
Page 7
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5.10-100
5.10-105
5.10-110
5.10-11.5
5.10-120
5.10c125
5.10-130
5.10-135
5.10-140
5.11-100
5.11-105
5.11-110
5.11-115
5.11~120
5.11-125
5.11-130
5.11-135
5.12-100
5.12-105
5.12-110
5.12-115
5.12-120
5.12-125
5.12-130
5.12-135
5.12-140
5.12-145
5.12-150
5.12-155
5.12-160
5.12-165
5.13-100
5.13-105
5.13-110
5.13-115
5.13-120
5.13-125
5.13-130
5.13-135
5.13-140
5.14-100
5.14-105
5.14-110
5.14-115
5.14-120
5.14-125
5.14-130
5.14-135
5.14-140
5.14-145
. 5.14-150
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EMERG'ENCY MEDICAL HARDSHIP
Purpose
Applicability
Review
Submittal Requirements
Criteria
Conditions .
Time Line Extensions
Compliance
INTERPRETATIONS
Purpose
Authority
Review
Interpretation of New Uses
Interpretation of Terms or Phrases
Interpretations Reviewed Under Type III and Type IV Procedure
Effect of a Decision .
LAND DIVISIONS- PARTITIONS AND SUBDIVISIONS
Purpose and Applicability
Tentative Plan Review
Tentative Plan- General
Tentative Plan Submittal Requirements
Tentative Plan Criteria
Tentative Plan Conditions
Plat Review
Plat Submittal Requirements
Plat Criteria
Plat - Recording at Lane County and City Development Approval
Replat - General' .
Replat - Review'
Replat- Application Processing
MASTER PLANS .
Purpose
Applicability
Review
Submittal Requirements
Criteria
Conditions
Modifications to the Master Plan and Schedule
Assurance to the Applicant
METRO PLAN AMENDMENTS
Purpose
Review
Definitions
Initiation
Referral
Fee
Approval
Single Jurisdiction
Two Jurisdictions
Three Jurisdictions
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Springfield Development Code, Table of Contents
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5.14-155 General Provisions
5.15-100 MINIMUM DEVELOPMENT STANDARDS
5.15-105 Purpose
5.15-110 Applicabiiity
5.15-115 Review
5.15-120 SDC Standards Applicable to MDS Approval
5.15-125 Timelines and Conditions
5.16-100 PROPERTY LINE ADJUSTMENTS
5.16-105 Purpose and Applicability
5.16-110 Special Situations
5.16-115 Review
5.16-120 Submittal Requirements
5.16-125 Criteria
5.16-130 Preliminary Approval
5.16-135 Conditions
5.16-140 Final Survey Submittal, Compliance with Conditions and Recordation of
Documents .
. 5.16-145 Expiration of Approval
5.17-100 SITE PLAN REVIEW
5.17-105 Purpose and Applicability
5.17-110 Review
5..17-115 Phased Development
5.17-120' Submittal Requirements
5.17-125 Criteria
5.17-130 Conditions .
5.17-135 Final Site PlanlFinal Site Plan Equivalent Map
5.17-140 Development Agreement
5.17-145 Modifications .
5.17-150 Security and Assurances
5.17-155 Maintairiing the Use
5.18-100 SOLAR ACCESS PROTECTION'
5.18-105 Purpose
5.18-1.10 Review
5.18-115 Additional Requirements
5.W-120 Standards
5.18-125 Recordation
5.18-130 Effect and Enforcement
5.18-135 Termination
5.19-100 TREE FELLING STANDARDS
5.19-105 Purpose
5.19-110 Applicability
5..19-115 Review
5.19-120 Submittal Requirements
5.19-125 Crill,iria
5.19-130 Conditions
5.20-100 VACATION OF RIGHTS~F-WAY AND EASEMENTS
5.20-105 Purpose
5.20-110 Applicability
5.20-115 Review
5.20-120 Submittal Requirements
5.20-125 Notice
Springfield Development Code, Table of Contents
Page 9
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5.20-130 Criteria
5.20-135 Conditions
5.21-100 VARIANCES
5.21-105 Purpose ...
5.21-110 Applicability
5.21-115 Prohibited Variances
5.21-120 Review
5.21-125 Minor Variances - Criteria
5.21-130 Major Variances - Criteria
5.21-135 Conditions
5.22-100 ZONING MAP AMENDMENTS
5.22-105 Purpose .
5.22-110 Review
5.22-115 Criteria
5.22-120 Conditions
5.22-125 Mobile Home Park Notice
CHAPTER 6
DEFINITIONS
6.1-105 ,Meaning of Common Words
6.1-110' Meaning Of Specific Words and Terms
Springfield Development Code, Table of Contents
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