Loading...
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 ~ 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..... ~ I - 2k pa1f'..tJ 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 ' <paa> ya ;; 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. ~- ._..._.r",:;::;;!::1::Wl:._~"--"-- 'J _=:'C _...._'.-,,-....--:~ - -~"'-'E.,.",-' . '-:'--"-"-"_.~:;"2"';' ....._;-"'l'..- ~~j Ii, . t; i: ~. . ~: I' ! 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. j 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. 'vl (\ l~ ~--~ City Recor#r . r'-';-''''r-\ ';--, , ~ ~,.". """l-n t',~ " ~.... ,,",1 .. I. I' I..;~ ',) 1<' ;. .';'M ,:, -:-0\ ;..:;... ':::: ,-:,/ ; 1". Vi!_ AC- ,',-. r-(".-. ',_ ~.r.;~S ~\_ G,c,T.:::_=LU9101 OFFICE OF ;';~"T\' ,ATTORNCY "-,,..~,,_.._--- ~ ,I ! .I j CITY OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT 225 FIFTH STREET . SPRINGFIELD, OREGON 97477 .i 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 .; ; . I , .ATTACHMENT 1 STAFF REPORT, F1N.oINGS AND ORDER ( Attachment 1-1 f . I !l i 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) 1-5 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,' . 1-6 , '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 1-7 ATTACHMENT 2 PROPOSED REFORMATTED SDC Attachment 2-1 ti-......'... -_...._~-- ~h.....~""..~= ,,,.._,:,,,,,",,,I'<"'''''~-''''~' . . . ~~.'~~~_'_">f~_,_<<:"",,,-,,,,>>>tt>>>...-.~.....,,".,,_.._ _1~l~_~j.i'O#.;.",-,.#qN:: < c. L -, r '.. , 1.1-100 1.2-100 1.2-105 1.2-110 1.2-115 1.2-120 1.2-125 1"'""', , 2.1-100 2.1-105 2.1-110 2.1-115 2'.1-120 . 2.1-125 2.1-130 2,1-135 r 3.1-100 3.1-105 3.1-110 3,1-115 3,1-120 3.2-100 3.2-200 3.2-205 3.2-210 3.2-,215 3.2-220 3.2-225 3.2-230 3.2-235 3.2-240 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 r'" ' r, 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 .. '.. ' '.- ~ ..".-...--.....".,,_....,_..._- 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 I 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 r 3.3-820 3.3-825 3.3-900 3.3-905 3.3-910 3.3-915 3,3-920 3,3-925 ; f""""', . 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 -... i i r 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 r 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) , , , . 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. 1 r , /'-\ j , I ~. r ., j '~ ,r' , f 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 /"""". : 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 /""",,, , 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 /""",,, , 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 r'. 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 r', 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 r: !"""" 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 .' Springfield Development Code, Table of Contents . , . , Page 8 r --. r \ -- I ' 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 r'. (\ r 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 ~. .(~; Page 10