HomeMy WebLinkAboutOrdinance 6238 03/02/2009
ORDINANCE NO. 6238
(General)
AN ORDINANCE AMENDING THE SPRINGFIELD DEVELOPMENT CODE BY AMENDING
SECTIONS 3.2-210; 3.2-215; 3.2-235A.; 3.2-440; 3.2-610; 3.2-715; 3.3-205; 3.3-220; 3.3-225;
3.3-235; 3.3-815; 3.3-825G.; 3.3-910B.; 4.3-110E.; 4.7-105A.; 4.7-140; 4.7-180A.; 4.7-190A.;
5.1-120; 5.3-115C.; 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; 5.14-110A.; 5.15-120H.; 5.15-125; 5.16-120B.; 5.20-120C.; TABLE 4.4-1;
TABLE 5.4-1; AND SECTION 6.1-110 DOWNTOWN EXCEPTION AREA, INCIDENTAL
EQUIPMENT, AND PARTITION PLAT; AND ADDING SECTIONS 5.13-116; 5.13-117; 5.13-
131; 5.13-132; 5.13-133; 5.13-134; 5.20-140 AND APPENDIX 3 TEMPORARY GLENWOOD
RIVERFRONT PLAN DISTRICT MASTER PLAN STANDARDS; AND ADOPTING A
SEVERABILITY CLAUSE.
THE CITY COUNCIL OF THE CITY OF SPRINGFIELD FINDS THAT:
WHEREAS, the reformatted Springfield Development Code (SDC) was adopted by the
Springfield City Council on September 17,2007, and previous amendments thereto were
subsequently adopted by Ordinance; and
WHEREAS, the Development Services Director has determined there is a need to
improve the Master Plan review process and make this process applicable to more development
proposals; and
WHEREAS, a revision from the Uniform Fire Code to the Springfield Fire Code has
necessitated the need to amend portions of the Drinking Water Protection Overlay District; and,
WHEREAS, the volume of work involved in the SDC reformatting process resulted in a
number of Scrivener's errors arising from renumbering, inadvertent omissions and punctuation
requiring correction; and
WHEREAS, SDC Section 5.6-100 sets forth procedures for the amendment of this
document; and
WHEREAS, on September 16, 2008, the Springfield Planning Commission held a work
session regarding these SDC amendments; and
WHEREAS, on October 7,2008, the Springfield Planning Commission conducted a
public hearing on this SDC amendment application and the record was left open until December
2,2008; and
WHEREAS, on December 2, 2008, the Springfield Planning Commission voted, 6 to O.
with one abstention, to recommend approval of the proposed Ordinance to the City Council
based upon public input and findings in support of adoption of these SDC amendments as set
forth in the Staff Report and the Recommendation to the Council incorporated herein; and
WHEREAS, on January 26, 2009, the Springfield Common Council held a work session
regarding these SDC amendments;
WHEREAS, on February 17, 2009, the Springfield Common Council conducted a public
hearing and first reading on this Ordinance;
WHEREAS, on March 2, 2009 the Springfield Common Council is now ready to take
action on this application based upon findings in support of adoption of these SDC amendments
as set forth in the aforementioned Staff Report to the Council incorporated herein 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;
WHEREAS, The Springfield Common Council has reviewed the findings and
conclusions set forth in the staff report (Case Number 2008-00011), and adopts them in support
of this Ordinance as Exhibit 1 attached hereto; and
WHEREAS, In order to facilitate the understanding of the amendments and additions to
the SDC occurring through the adoption of this Ordinance, the legislative format depicting such
amendments and additions are attached hereto as Exhibit 2.
NOW THEREFORE, THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS:
SECTION 1: CHAPTER 3 LAND USE DISTRICTS, Section 3.2-210 is hereby
amended to read as follows:
I "3.2-210 Schedule Of Use Categories
The following uses are permitted in the districts as indicated, subject to the provisions,
additional restrictions and exceptions specified in this Code. Uses not specifically listed may be
approved as specified in Section 5.11-100.
"P" = PERMITTED USE subject to the standards of this Code.
"S" = SPECIAL DEVELOPMENT STANDARDS subject to speciallocational and/or siting
standards as specified in Section 4.7-100.
"D" = DISCRETIONARY USE subject to review and analysis under Type III procedure (Section
5.9-100) at the Planning Commission or Hearings Official level.
"N" = NOT PERMITTED
"*" = SITE PLAN REVIEW REQUIRED
D* P* P*
P P P
S* P* P*
P P P
S P P
N P* P*
N N N
P N N
P N N
ORDINANCE NO. 6238
1""":',1"', ..... /r""::~;"I'II" . '~., '';'''':'/;''1:.''''':'/ ':'i.I;::!.:. ""..','::'::Zoning. Districts
.UseCategonesl I. .., ....I>f/:... ....,... >!:,:':"LDR: ,....'.MDR . HDR
Prefabricated dwellings P P P*
Group Care Facilities (Section 4.7-155)
Foster homes for over 5 children
Residential care facilities with more than 15 persons
include: Group care homes, congregate care facilities,
nursinq homes and retirement homes
Halfwav houses
Residential Facilities - 6 to 15 persons
Residential Home - 5 or fewer persons
Shelter Homes for abused and battered persons
Manufactured dwellinq park (Section 3.2-235)
Manufactured home
Manufactured home subdivision
Mobile home
Manufactured home as a temporary residential use
(Section 4.8-105)
Child Care Home Facilitv - 1 to 5 children
Child Care Group Home Facility - 6 to 12 children
Child Care Center - 13 or more children (abutting an
arterial street) (Section 4.7-125)
Child Care Center -13 or more children (abutting a collector
or local street) (Section 4.7-125)
Adult Day Care - facilities UP to 12 adults
Adult Day Care - facilities with more than 13 adults
(abuttinq an arterial street)
Adult Day Care - facilities with more than 13 adults
(abuttinq a collector or local street)
Bed and breakfast facilities (Section 4.7-120)
Boarding and rooming houses (Section 4.7-215)
1 to 2 bedrooms
3 to 5 bedrooms
more than 5 bedrooms
"P.ublica,fiJ'/nstitutiona/ Uses.:'::....,...':.:i.::: " ';., ,,'i' . ...........
Churches (Section 4.7-130)
Educational facilities - Public / Private elementary/middle
schools (Section 4.7-195)
1 to 5 students in a private home (in a 24 hour period)
6 or more students (Section 4.7-195)
Parks - Neighborhood and private (Section 4.7-200)
:.Commercia/Uses!...' "
Home Occupation (Section 4.7-165
Professional offices (Section 4.7-190)
Residential dwelling units as temporary sales offices
(Section 4.8-130)
Youth hostels
:'Miscel!aiJ~i)LliJJses:;:.i;;~?f' ,1' ,.....,
Accessory structures (Section 4.7-105)
Aqricultural structures
Cultivation of undeveloped land
Temporary sales/display of produce (Section 4.8-125)
Tree felling and removal (Section 5.19-100)
Public Utility Facilities
P*
D*
N
P
P
P
S*
P
P
P
S*
P
P
S*
D
P
P*
D*
S*
P*
S*
D*
P*
P
P*
N
P
P
N
N
P
P
S*
S*
P
P*
P*
S*
P*
S*
D*
P*
P
P*
N
N
N
N
N
P
P
S*
S*
P
P*
P*
S*
P* P* P*
S* P* P*
N P* P*
.... , ..... ".",.'1;' .......... ....<. .','
D* D* D*
P*
D*
D*
P* P*
D* D*
D* D*
,........ "':,"" ">i;/',.' ;
S S
S* S*
P P
D* D*
"''>.<... ...;.';'.... I',' 1';.<' ".
S S
P P
P P
N N
P P
"';"'::;')"" ,.'
S
S*
P
N
II "
'i., """,..
S
P
P
S
P
ORDINANCE NO. 6238
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UseCategories/'Uses:;':< :,.3 ~", '.
High impact facilities (Section 4.7-160)
Low im act facilities
Certain Wireless Telecommunications Systems Facilities)
S*
P
Section
4.3-145
'SECTION 2: CHAPTER 3 LAND USE DISTRICTS, Section 3.2-215 is hereby
amended to read as follows:
I "3.2-215 Base Zone Development Standards
The followlnQ base zone deve opment standards are established.
. ...,.. .' , I, ." Residential Zoning District
,,' .' ',> ........, .,' ,LowDensity Medium Density
,Deve/opmentStandard Residential (LDR) Residential (MDR)'
High Density
Residential (HDR)
Standard Lots/Parcels, '.' '.
Minimum Area:
East-West Streets
North-South Streets:
Minimum Street Frontage
East-West Streets
North-South Streets
Corner Lots/Parcels (1)(2) ... .
Minimum Area: 6,000 square feet 6,000 square feet 6,000 square feet
East-West Streets 45 feet 45 feet 45 feet
North-South Streets 60 feet 60 feet 60 feet
Panhandle Lots/Parcels (See Section 3.2-220 Additional Panhandle Lot/Parcel Development Standards)
Single Panhandle:
Minimum Area in Pan Portion
'.
4,500 square feet
5,000 square feet
4,500 square feet
5,000 square feet
4,500 sauare feet
5,000 square feet
45 feet
60 feet
45 feet
60 feet
45 feet
60 feet
4,500 square feet
4,500 square feet
4,500 square feet
Minimum Street Frontaqe
Multiple Panhandles:
Minimum Area in Pan Portion
20 feet
20 feet
20 feet
4,500 square feet
4,500 square feet
4,500 square feet
Minimum Street Frontaqe 26 feet total, each individual frontaqe is based upon the number of panhandles.
Lots/Parcels on bulb portion of a cul-de-sac: . n
Minimum Area 6,000 square feet 6,000 square feet
Minimum Street Frontage 35 feet 35 feet
Lots/Parcels within the Hillside Development Overlay District (Section 3.3-500)
6,000 square feet
35 feet
'.
< 15 percent slope:
Minimum Area 10,000 square feet 10,000 square feet 10,000 sauare feet
Minimum Street Frontaqe 60 feet 60 feet 60 feet
15-25 percent slope:
Minimum Area 10,000 square feet 10,000 square feet 10,000 sauare feet
Minimum Street Frontaqe 90 feet 90 feet 90 feet
25-35 percent slope:
Minimum Area 20,000 square feet 20,000 square feet 20,000 square feet
Minimum Street Frontaqe 1 50 feet 1 50 feet 1 50 feet
> 35 percent slope:
Minimum Area 40,000 square feet 40,000 square feet 40,000 square feet
ORDINANCE NO. 6238
Base Solar Standards
Maximum Building Height
11 12 13 14
(1) 6,000 square feet in area for one duplex in the LDR District. This standard prohibits the division of
the lot/parcel to create separate ownership for each duplex dwelling unit.
(2) 10,000 square feet in area for one duplex in the LDR District as specified in this Section and
Section 4.7-140. This standard allows for the future the division of the lot/parcel to create separate
ownership for each half of the duplex.
(3) The 45 percent coverage standard applies to covered structures only. On lots/parcels with more
than 15 percent slope or above an elevation of 670 feet, the maximum impervious surface inclusive
of structures, patios, and driveways, shall not exceed 35 percent, unless specified in Section 3.3-
500.
(4) Determination of all yard setbacks for duplexes on corner lots/parcels are based upon the front yard
of each unit as established by the streets used for address purposes.
(5) All setbacks shall be landscaped, unless a setback is for a garage or carport.
(6) Accessory Structure Exceptions to Setback standards:
(a) Stand alone garages and carports shall meet the street side yard, interior side yard and rear
yard setback standards of the primary structure.
(b) Group C Accessory structures are permitted within setbacks as specified in Section 4.7-1 05E.
(7) Where an easement is larger than the required setback standard, no building or above grade
structure, except a fence, may be built upon or over that easement.
(8) When additional right-of-way is required, whether by City Engineering standards, the Metro Plan
(including the TransPlan), or the City's Conceptual Street Plan, setbacks are based on future right-
of-way locations. Right-of-way shall be dedicated prior to the issuance of any building permit that
increases parking requirements.
(9) Architectural extensions may protrude into any 5-foot or larger setback area by not more than 2 feet.
(10) General Exceptions to Setback standards:
(a) Attached dwellings (zero lot line) on individual lots/parcels; and
Minimum Street Fronta e
Lot/Parcel Area
MaxirrJUm Lot/Parcel c.overage
3 '
Minimum Setbacks for Prima
Front Yard
Street Side Yard
Rear Yard
Interior Yard Setbacks
Front Yard Setback-
Garages and Carports (6)
Accessory Structures
Panhandle and Duplex
Lots/P arcel s
200 feet
Structures 4 5 7 8 9 10
1 0 feet
1 0 feet
1 0 feet
5fu~ 5fu~
18 feet measured along the driveway from:
1. The property line fronting the street to the face of the garage or carport; or
2. The property line fronting the street to the far wall of the garage or carport
where the face of the structure is perpendicular to the street.
3. Where a garage or carport faces a panhandle driveway, the 18 feet is
measured fro the inner travel edge (pavement or gravel) within the
panhandle to the face of the structure; the setback is 3 feet when the garage
or car ort fronts an aile .
Accessory structures shall not be located between any front or street side yard
of a primary structure and shall be set back at least 3 feet from interior side and
rear loti arcellines.
All setbacks for panhandle lots/parcels are based on the orientation of the front
and rear of the dwelling occupying the lot/parcel. All setbacks for duplexes on
corner lots/parcels are based upon the front yard of each unit established by
the street or streets for address ur oses.
Section 3.2-225.
30 feet
1 0 feet
1 0 feet
1 0 feet
5 feet
35 feet
35 feet
ORDINANCE NO. 6238
(b) A dwelling constructed over the common property line of 2 lots/parcels, where there is a
recorded deed restriction.
(c) In multi-family developments, the setback standards in Section 3.2-240 shall take precedence.
(11) See Section 3.2-225 for residential building height limitations for solar protection.
(12) Incidental equipment may exceed the height standards.
(13) Height limitations within the Hillside Development Overlay District may be removed provided the
additional height does not exceed 45 feet and the base residential solar standards are met.
(14) In the MDR and HDR Districts, the building height may be increased to 50 feet as specified in
Subsection 3.2-240D.3.c."
SECTION 3: CHAPTER 3 LAND USE DISTRICTS, Section 3.2-235A. is hereby
amended to read as follows:
I "3.2-235 Residential Manufactured Dwellings
The siting of manufactured dwellings in Low and Medium Density Residential Districts is permitted
subject to the provisions of this Section:
A. Manufactured Home - as a permitted use in manufactured home subdivisions,
manufactured dwelling parks and all lots/parcels zoned and designated Low and
Medium Density Residential provided that units placed on individuallots/parcels
outside of existing platted manufactured home subdivisions shall be Type 1
classification and all density standards are satisfied. A Type 2 manufactured home
may be sited in manufactured dwelling parks, interior lots of existing platted
manufactured home subdivisions and in multi-family developments."
SECTION 4: CHAPTER 3 LAND USE DISTRICTS, Section 3.2-440 is hereby
amended to read as follows:
I "3.2-440 CI District - Conceptual Development Plans and Master Plans
A Conceptual Development Plan is required for all new CI Districts over 50 acres in size
approved after July 6, 2004, unless a Site Plan or Master Plan is proposed for the entire CI
District. A Master Plan may be submitted when phased developments exceeding 3 years in
duration are proposed. A Master Plan shall comply with any applicable approved Conceptual
Deyelopment Plan or upon approval of a Master Plan or Site Plan for the entire CI District, the
Master Plan or Site Plan may supplant and take precedence oyer an approved Conceptual
Development Plan. Master Plan approval for a CI District site shall be as specified in Section
5.13-100."
SECTION 5: CHAPTER 3 LAND USE DISTRICTS, Section 3.2-610 is hereby
amended to read as follows:
I "3.2-610 Schedule of Use Categories
The following uses are permitted in the districts as indicated, subject to the provisions,
additional restrictions and exceptions specified in this Code. Uses not specifically listed may be
approved as specified in Section 5.11-100.
"P" = PERMITTED USE subject to the standards of this Code.
ORDINANCE NO. 6238
"S" = SPECIAL DESIGN STANDARDS subject to speciallocational and siting standards to be
met prior to being deemed a permitted use (Section 4.7-100).
"D" = DISCRETIONARY USE subject to review and analysis under Type III procedure (Section
5.9-100) at the Planning Commission or Hearings Official level.
"N" = NOT PERMITTED
SITE PLAN REVIEW SHALL BE REQUIRED for all development proposals within all mixed
use districts unless exempted elsewhere in this Code.
...,.'.; ': <. .'. ". .' . Districts
' .. ", ,
. ! , . .' Categories/Uses ,.. '.' .', MUC MUE MUR
....
Accessory Use Structures '. ". . ..... .
.
Accessory Structures (Section 4.7-105) N P S
. Agricultural And Animal Sales And Services , ,
AQricultural cultivation of undeveloped land N P P
Garden supplies P N N
Automotive RepairandService . . .
. ,. . .
GaraQe, repair N P N
ParkinQ lots and parking structures (Section 4.7-180) S P S
Tires, batteries and accessories N P N
Operation, maintenance, repair, expansion and P* N N
replacement
of automobile, light truck sales, new and used, including *Only in
.. accessory repair garages, parts and accessory sales on Downtown
land where such uses lawfully existed as of June 3, Mixed-use
2002, owned, leased and controlled by a sinQle entity area
Business AIJdProfessiona.l Offices And Personal ,. .' ,
;. Services ........ . . ..,..,.:".. .....
.' ,
Accountants, bookkeepers and auditors P P P
AdvertisinQ/marketing agencies P P P
Architects, landscape architects and designers P P P
Art studios, fine P N P
Art restoration P N P
Attorneys P P P
Audio/video production studio P P N
Authors/composers P N P
Banks, credit unions and savings and loans P P P
Barber and beauty shops P P P
Blue printing, Photostatting, and photo developinQ P P N
Business schools P N N
Business, labor, scientific and professional organizations P P P
and headquarters
CaterinQ services P P N
Clinics and research/processinQ laboratories P P P
Collection aQencies P N P
Commodity contract brokers and dealers P P P
ORDINANCE NO. 6238
"',;. .. ",', "",;;", ')" ' " " ..' , ' ,. ..... Districts
" ., ' , ,
'.;, ;', . Categories/Uses ."... ,.' MUC. MUE MUR
Computer and information services P P P
Dentists P P P
Detective and protective agencies P N P
Doctors P P P
Drafting, graphic and copy services P P P
Employment agencies and services P P P
Engineers and surveyors P P P
Financial planning, investment services P P P
Graphic art services P P P
Gymnastics instruction P P N
House cleaning services P N N
Insurance carriers, agents, brokers and services P P P
Interior decorator and designers P N P
Laundry, dry cleaners, including self-service, and ironing P P N
services
Loan companies, other than banks P P P
Locksmiths P P P
Lumber brokers P P P
Mailing services/mail order sales P P P
Management and planning consultants P P P
Manufactured unit as a temporary construction office, PIS PIS N
night watch person's quarters or general office (Sections
4.8-110,4.7-185, and 4.7-170)
Motion picture studio/distribution P P N
Non-profit organizations P N P
Opticians P P P
Performing arts instruction P N P
Photocopying P P P
Photography studios P P P
Planners, land use P P P
Printing/publishing P P N
Psychologists and counselors P P P
Real estate sales and management P N P
Scientific and educational research P P P
Security systems services P P N
Self-defense studio P P N
Shoe repair P P P
Stenographers and secretarial services P P P
Stockbrokers P P P
Swimming pool cleaning P N N
Tailors P N P
Tanning salons P N P
Title companies P N P
Telephone answering services P P P
Travel agencies P P P
TV and radio broadcasting studios (does not include P P N
antennae)
ORDINANCE NO. 6238
.' .',.,: ,..,::;. .'. .', ,.J . '>. ','(1,;,',<j' ..... . Districts
.'. ' '. Categories/Uses" . ' , MUC MUE MUR
Typing services P P P
Window c1eaninq P N N
Communications 'Facilities" ..., . .... .. .........:..:...... '.
'. ..:
Communications towers, including antennas and relay N D N
equipment. Certain Wireless Telecommunications N D N
Systems Facilities (See Section 4.3-145)
Communications antennas for public agencies and D D D
emerqency services
Care Facilities " ..............< '. '< "
. . . , ',. ...
Child care facilities (Section 4.7-125) S S S
Adult day care facilities P P P
Eating and Drinking Establishments , .: ....
.'
Cafeteria (servinq employees only) P P N
Cocktaillounqes P P N
Delicatessens and sit down restaurants including P P P
espresso shops
Drive up restaurants and espresso shops (Section 4.7- S P N
180)
Taverns and brew pubs P P N
Educational Facilities- Pu,Plic and, Private . . '." ",.'
Elementary and Middle Schools , .........,
1 to 5 students in a priyate home (in a 24-hour period) N N P
6 or more students in a private home N D D
Priyate/public elementary and middle Schools (Section N D D
4.7-195)
Secondary schools and colleQes N D N
Group Care Facilities . , .' '<,..
.. ..'
Foster homes for up to 5 children N N P
Residential care facilities with more than 15 persons N N S
include: Group care homes, congregate care facilities,
nursinQ homes and retirement homes (Section 4.7-155)
Halfway Houses (See. Specific Development .:',..,'. ' "." .....
..... .
. Standaidsfor Group Care Facilities) '.' '.. ' .'. '.'
Residential Facility-6 to 15 persons N N D
Residential Home-5 or fewer persons N N D
Shelter homes for abused and battered persons N N D
Home Occupations '.. . . J'. . ?
,,'
Home Occupations (Section 4.7-165) S S S
Manufacture and/or Assembly of: ." " '. " '. .' ,
., . . "
Appliances N P N
Apparel and other finished products made from canvas, P P N
cloth, fabrics, feathers, felt, leather, textiles, wool, yarn
and similar materials
Communication equipment, including radio and N P N
teleyision equipment
Costume jewelry, novelties, buttons and misc. notions N P N
Cutlery, hand tools and hardware N P N
ORDINANCE NO. 6238
." .', . < " .' '.> " .':;,::,~,~:. "''':."",.' < " Districts
,
Categories/Uses ,- ,"I< MUC MUE MUR
.'
Electronic components and accessories N P N
Electronic transmission and distribution equipment N P N
Engineering, laboratory, scientific, and research N P N
instruments
Finished wood manufacturing and assembly including N P N
cabinets and door frames
Furniture, including restoration N P N
Greeting cards, business forms and other business N P N
related printinQ
MeasurinQ, analyzing, and controllinQ instruments N P N
Medical, dental, and surgical equipment and supplies N P N
Medicinal chemicals and pharmaceutical products N P N
Metal fabrication and machine shops N P N
Musical instruments N P N
Prosthetic and orthopedic devices N P N
Office computinQ and accounting equipment N P N
Optical instruments, includinQ lenses N P N
Perfumes and toiletries N P N
Photographic equipment and supplies N P N
SiQns and advertisinQ display N P N
Toys, sportinQ and athletic Qoods N P N
Watches, clocks, and related components N P N
OtherJndustrial Uses: ..' . ... .<,r .
..........,... I,' .... ,
Industrial/Business Parks (Section 3.2-450) N S N
Media productions, including TV and radio broadcasting, P P N
motion picture production and
newspaper/book/periodical publishing
Regional distribution headquarters, including indoor N P N
storage
Research development and testing laboratories and N P N
facilities
Accessory structures N P N
Administrative professional or business offices N P N
Public UtilityFacilities: ". .,.~ .,' , .' .' . ."
. " .. i . .
Hioh impact facilities (Section 4.7-160) N S N
Low impact facilities P P N
Recreational Facilities:':"::, ". , '. ',. <.
.... .' '. . ..
Arcades P P N
Art studios, performino P P N
Auditoriums N P N
BinQo parlors N P N
BowlinQ alleys N P N
Dance halls N P N
Exercise studios P P P
Gyms and athletic clubs P P N
Hot tub establishments P P P
Miniature auto race track (e.Q., slot car track) P N P
ORDINANCE NO. 6238
.. '. ..,,;':',<;w .r <y.,:,:r,:. Districts
, " ..... .... ". '" .
Categories/Uses .' ". MUC MUE MUR
. ....
Miniature Qolf P N N
Movie theaters, indoor, single screen P P N
Non Alcoholic Night Club (Section 4.7-205) S P N
Off-track betting facility P P N
Parks, private and public P P P
Playground P P P
Play/tot lot P P P
Pool halls P P N
Recreation center P P N
SkatinQ rinks N P N
Tennis, raCQuetball and handball courts P P P
Theater, leQitimate (live staQe) P P N
Religious, ,Socia/and Civic Institutions: , .,. ,....
..
Branch educational facilities P P D
Charitable services P N D
Churches, mosques, temples and weekly religious D N D
school (Section 4.7-130)
Community and senior centers P N P
Fraternal and civic organizations P N N
Hospitals P P N
Public offices, including, but not limited to: administrative P N D
offices, libraries, museums, courts, and detention
facilities.
Private/Public Elementary and Middle Schools (Section N D D
4.7-195)
Residential Uses in Areas Designated Mixed-Use in .' '.'
the Metro Plan or Refinement Plans
Accessory structures (Section 4.7-105) S P S
Attached single-family dwellings includinQ rowhouses P N P
Cluster Subdiyision (Section 3.2-230) P N P
Condominiums (Section 4.7-135) S S S
Duplexes (Section 4.7-140) N N S
Multiple family dwellings including triplexes, 4-plexes, P P P
quads, quints, and apartment complexes over 4 units
Retail Sales ..... .' ., cr. ". . ." "
,. .. <; . '.
Antiques P N P
Apparel P N P
Art Qalleries and museums P N P
Art supplies P N P
Bakeries P P P
Bicycles P N P
Books P N P
Cameras and photographic supplies P N P
Candies, nuts and confectioneries P N P
China, Qlassware and metalware P N P
CiQars and ciQarettes P N N
Computers, calculators and other office machines P P N
ORDINANCE NO. 6238
,. . < / ." .'....... .... 'J ,,;:,....,;/ .1' . '/'.1,:, , Districts
.', ". ...." Categories/Uses. ", MUC. , MUE MUR
< .. . ,'. .
Convenience stores P P P
Dairy products P P P
Department stores P N N
Drapery, curtains and upholstery P N P
Dry Goods and Qeneral merchandise P N P
Electrical supplies P N N
Fabrics and accessories P N P
Film drop off and pick up (not a drive-through) P N P
Fish P N N
Floor coverinQs P N P
Florists P N P
Fruits and veQetables P N P
Furniture P N N
Furriers P N N
Groceries P N P
Hardware P N N
Hobby supplies P N N
Household appliances P N N
Jewelry P N N
Liauor outlets (State) P N N
LUQQaQe and leather P N N
MaQazines and newspapers P N N
Mail order houses P N N
Meats P N N
Medical and dental supplies P N N
Musical instruments and supplies P N N
Novelties and qifts P N N
Office eauipment P P N
Paint, Qlass and wallpaper P N N
Pharmacies P P P
Pottery P N N
Radios, televisions and stereos P N N
Second hand and pawn shops P N N
SewinQ machines - P N N
Shoes P N P
Small electrical appliances P N N
Sportina Qoods P N P
Stationary P P P
Supermarkets P N N
Toys P N P
SmaIISca/eRepair~nc:! Maintenance Services. '. '. "
(Section 4.7-180) ':'< .,. , , ..
Business machine repair S P P
Electrical appliance repair S P N
Furniture repair S P N
Janitorial services N P N
Small enaine repair S N N
ORDINANCE NO. 6238
, ';.<," ~,?o,' "'..:", Districts ,
,0, .
..... CateQories/Uses .' MUC MUE MUR
Watch repair P P P
Transient Accommodations . " '. .'
Sed and breakfast facilities (Section 4.7-120) P N S
Emeraency shelter facilities N N P
Hotels (Section 4.7-180) , S N N
Youth hostels P N N
TransDorlation Facilities . .. ....,'
Heliports N P N
Helistops N P N
Public transit station, without park and ride lot P P P
TransDorlation Related, Non-Manufacturing:. .' I.', " ;
Key/card lock fuel facilities N P N
Warehouse,Commercial Retail and Wholesale Sales
and Distribution , , . . ,
Cold storage lockers N P N
Electrical supplies and contractors N P N
Floor coverinq sales N P N
Indoor storage, other than mini-warehouses, and N P N
outdoor storage areas/yards
Larae electrical appliance sales N P N
Merchandise vendinq machine operators N P N
Plumbinq and heatinq supplies and contractors N P N
Unfinished furniture N P N
Uses listed under automotive and retail which are N N N
wholesale uses
Regional distribution headquarters, including indoor N P N
storaae
Warehouse/commercial uses engaged primarily in the N N N
wholesalinq of materials to the construction industry
Wholesale trade, warehousing, distribution and storage N N N
(to include mini-storaqe)
Secondary Uses Serving or Related to on Site .' , '.,
Commercial or Industrial Uses: ' , , ,
Manufacture or assembly of goods or products to be P P N
sold on premises
Accessory structures N P N
Administrative professional or business offices P P P
Slueprintinq, photostattinq, and photo developing P P N
Cafeteria (serving employees only) N P N
Child care facilities (primarily serving employees on site) P P P
Developed recreation area (serving the development N P P
area)
Heliports and helistops N P N
Financial institutions P P P
Manufactured home used as a night watch person's N S N
Quarters (Section 4.7-185)
Outdoor storage of materials directly related to a N P N"
ORDINANCE NO. 6238
MUR
SECTION 6: CHAPTER 3 LAND USE DISTRICTS, Section 3.2-715 is hereby
amended to read as follows:
I "3.2-715 Base Zone Development Standards
The following base zone development standards are established. The base zone development
standards of this Section and any other additional provisions, restrictions or exceptions specified
in this Code shall apply.
DeveJo ment Standard'
Minimum Lot/ arcel Size
Lot/parcel Coverage and
Planting Standard
Landsca ed Setbacks 1 J
Street Setback
Residential Pro ert Line
Parkin and Drivewa
Maximum Building Height
5
PLO District abuts
Residential District
PLOZoninDistrict Re uirement
None
Parking, driveways and structures shall not exceed 65 percent of the
development area. At least 25 percent of the development area shall
be landscaped. EXCEPTION: In the Downtown Exception Area, there
shall be no minimum lot coverage standards and no minimum planted
area, except for parkin lots (6).
2 J 3 and 4
15 feet (6)
20 feet 6
5 feet
None, unless abutting a residential district
When a PLO District abuts a residential district, the maximum building
height shall be defined as the height standard of the applicable
residential district for a distance of 50 feet measured from the
boundary of the adjacent residential zoning district. Beyond the 50
foot measurement, there is no buildin hei ht limitation.
(1) Where an easement is larger than the required setback standard, no building or above grade
structure, except a fence, shall be built upon or over that easement.
(2) When additional right-of-way is required, whether by City Engineering standards, the Metro
Plan (including TransPlan), or the City's Conceptual Street Plan, setbacks are based on
future right-of-way locations. Dedication of needed right-of-way shall be required prior to the
issuance of any building permit that increases parking or gross floor area.
(3) Structural extensions may extend into any 5 foot or larger setback area by not more than 2
feet.
(4) In the Downtown Exception Area, there are no minimum setbacks for administrative offices
and other public uses listed under Section 3.2-710.
(5) Incidental equipment may exceed the height standards.
(6) In the Downtown Exception Area, there shall be no minimum planted area except for parking
lots as specified elsewhere in this Code. "
SECTION 7: CHAPTER 3 LAND USE DISTRICTS, Section 3.3-205 is hereby
amended to read as follows:
I "3.3-205 Purpose
ORDINANCE NO. 6238
A. The Drinking Water Protection (DWP) Overlay District is established to protect
aquifers used as potable water supply sources by the City from contamination.
This Section establishes procedures and standards for the physical use of
hazardous or other materials harmful to groundwater within TOTZ by new and
existing land uses requiring development approval. The provisions of this Section
are designed to:
1. Protect the City's drinking water supply which is obtained from
groundwater resources from impacts by facilities that store, handle, treat,
use, produce, or otherwise have on premises substances that pose a
hazard to groundwater quality; and
2. Provide standards for hazardous or other materials that pose a risk to
groundwater within the TOTZ.
B. In order to accomplish this purpose, the DWP Overlay District includes methods
and provisions to:
1. Restrict or prohibit the use of hazardous or other materials which are
potential groundwater contaminants;
2. Set standards for the storage, use, handling, treatment, and production of
hazardous or other materials that pose a risk to groundwater within
TOTZ; and
3. Review new or expanded uses of hazardous or other materials that pose
a risk to groundwater."
SECTION 8: CHAPTER 3 LAND USE DISTRICTS, Section 3.3-220 is hereby
amended to read as follows:
I "3.3-220 Time of Travel Zones
A. The DWP Overlay District includes 4 TOTZ: 0-1 year; 1-5 years; 5-10 years; and
10-20 years. The locations of the TOTZ for each wellhead are shown on Drinking
Water Protection Area Maps on file with the City's Development Services, Public
Works, and Fire and Life Safety Departments; and Springfield Utility Board (SUB)
and Rainbow Water District (RWD).
B. The areas within specified wellhead TOTZ are those drinking water protection
areas certified by the Oregon Health Division, under the Oregon Administrative
Rules that apply to Oregon's EPA-approved Drinking Water Protection Program,
in Oregon Health Diyision Delineation Certification #0002R, March 18, 1999.
C. In determining the location of a property within a TOTZ, the following criteria
apply:
1. The Lane County Department of Assessment and Taxation maps shall be
used as a base map with the addition of TOTZ boundaries.
2. That portion of a tax lot that lies within a TOTZ is governed by the
ORDINANCE NO. 6238
restrictions applicable to that TOTZ.
3. Tax lots having parts lying within more than one TOTZ are governed by
the standards of the more restrictive TOTZ.
EXCEPTION: The Director may waive the requirement that the more
restrictive standards apply when all of the following apply:
a. Storage, use, handling, treatment, and/or production of hazardous
or other materials that pose a risk to groundwater will not take
place within the portion of the tax lot having the more restrictive
TOTZ standards; and
b. Storage, use, handling, treatment, and/or production of hazardous
or other materials that pose a risk to groundwater will not take
place within 50 feet of the portion of the tax lot having more
restrictive TOTZ standards; and
c. The tax lot is 20,000 square feet or larger.
4. A property owner may request the TOTZ be modified by submitting a
Zone Change application to the City. Any request for modification of the
TOTZ shall be accompanied by certification of the TOTZ as proposed to
be modified by the Oregon Health Division, under the Administrative
Rules that apply to Oregon's EPA-approved Drinking Water Protection
Program."
SECTION 9: CHAPTER 3 LAND USE DISTRICTS, Section 3.3-225 is hereby
amended to read as follows:
I "3.3-225 Review
A. A DWP Overlay District Development Application is required when the criteria of
both Subsections A.1. and 2., below are met:
1. A site is affected by one of the following:
a. There is a change of land use, occupancy or tenancy of a
property, including, but not limited to: a change from vacant to
occupied; or
b. During the Building Permit process; or
c. In conjunction with any development application, including, but not
limited to: Site Plan review and Minimum Development Standards.
2. The action in Subsection A.1., above will:
a. Affect the storage, use, and/or production of hazardous or other
materials that pose a risk to groundwater; or
ORDINANCE NO. 6238
B.
b. Increase the quantity of hazardous or other rraterials that pose a
risk to groundwater that are stored, used anc!l/or produced.
Prior to the submittal of a DWP Overlay District Developmeht Application, an
exemption request may be submitted to the Director as spe,bfied in Section 3.3-
230B.1.
DWP Overlay District applications shall be reviewed under fype I procedures.
Prior to undertaking an activity covered by Section 3.3-225 'A., the owner or
tenant shall submit a DWP Overlay District Application to tHe City for review and
approval. Applications shall include the following informatioh:
1. A Hazardous Material Inventory Statement and a Mlterial Safety Data
Sheet for any or all materials entered in the Statem~nt unless exempted
under Section 3.3-230. Hazardous material weights Ishall be converted to
volume measurement for purposes of determining amounts - 10 pounds
shall be considered equal to one gallon as specified in Springfield Fire
Code 2703.1.2.;
c.
D.
2. A list of the chemicals to be monitored through the analysis of
groundwater samples and a monitoring schedule if ground water
monitoring is anticipated to be required; I
3. A detailed description of the actiyities conducted at the facility that involve
the storage, handling, treatment, use or production bf hazardous
materials in quantities greater than the maximum all1bwable amounts as
stated in Section 3.3-235 A.;
4. A description of the primary and any secondary containment devices
proposed, and, if applicable, clearly identified as to ~hether the devices
will drain to the storm or sanitary sewer; I
5. A proposed Hazardous Material Management Plan for the facility that
indicates procedures to be followed to prevent, cont~ol, collect and
dispose of any unauthorized release of a hazardou~ material;
6. A description of the procedures for inspection and J1 aintenance of
containment devices and emergency equipment;
7. A description of the plan for disposition of unused hazardous materials or
hazardous material waste products over the maximum allowable amounts
including the type of transportation, and proposed routes.
E. For those development proposals requiring Site Plan Review (Section 5.17-100)
or Minimum Development Standards review (Section 5.15-100), applications may
be submitted concurrently.
F. The Director shall review the application and make a decision based on the
standards contained in Section 3.3-235, after consulting with the Building Official,
Fire Marshall, Public Works Director, and the managers of SUB and RWD, as
appropriate."
ORDINANCE NO. 6238
SECTION 10: CHAPTER 3 LAND USE DISTRICTS, Section 3.3-235 is hereby
amended to read as follows:
I "3.3-235 Standards for Hazardous Materials within Time of Travel Zones
Applications shall comply with the following standards. Where the following standards are more
restrictiye than the standards of the Springfield Fire Code, the following standards apply:
A. 0 -1 year TOTZ Standards.
1. Within the 0-1 year TOTZ, hazardous materials that pose a risk to
groundwater may be stored in aggregate quantities of no more than 500
gallons if in original containers not exceeding 5 gallons* in size. Within
that aggregated 500-gallon inventory, no more than 150 gallons of
hazardous materials that pose a risk to groundwater may be on the
premises in opened containers for handling, treatment, use production, or
dispensing on site. Hazardous materials that pose a risk to groundwater
are allowed only upon compliance with containment and safety standards
specified by the most recent Fire Code adopted by the City.
*A waiver of the 5-gallon maximum size may be given by the Director if
the applicant can demonstrate that a larger size container would pose
less risk to the aquifer.
2. Unless exempted, all hazardous or other materials that pose a risk to
groundwater shall be stored in areas with approved secondary
containment in place Springfield Fire Code 2702.1 and 2704.2.2).
3. All new uses of Dense Non-Aqueous Phase Liquids (DNAPLs) are
prohibited.
4. Any change in type of use or an increase in maximum daily inventory
quantity of any DNAPL shall be considered a new use and prohibited.
5. The following certain types of new facilities or changes in use and/or
storage of hazardous or other materials that pose a risk to groundwater
are prohibited:
a. Underground hazardous material storage facilities;
b. Hazardous material product pipelines used to transport the
hazardous material off of the tax lot where it is produced or used;
c. Injection wells
EXCEPTION: Dry wells for roof drainage;
d. Solid waste landfills and transfer stations;
e. Fill materials containing hazardous materials;
ORDINANCE NO. 6238
f. Land uses and new facilities that will use, store, treat, handle,
and/or produce DNAPLs.
6. Requirements found in Springfield Fire Code 2704.2.2.5 for a monitoring
program and monitoring methods to detect hazardous materials in the
secondary containment system shall be met for all amounts of hazardous
or other materials that pose a risk to groundwater unless exempted.
7. The following requirements for inspection and record keeping procedures
for monthly in-house inspection and maintenance of containment and
emergency equipment for all amounts of hazardous or other materials
that pose a risk to groundwater shall be met unless exempted: Schedules
and procedures for inspecting safety and monitoring and emergency
equipment. The applicant shall develop and follow a written inspection
procedure acceptable to the Director for inspecting the facility for events
or practices which could lead to unauthorized discharges or hazardous
materials. An inspection check sheet shall be developed to be used in
conjunction with routine inspections. The check sheet shall provide for
the date, time, and location of inspection; note problems and dates and
times of corrective actions taken; and include the name of the inspector
and the countersignature of the designated safety manager for the facility.
8. Application of fertilizers containing nitrates are restricted to no more than
the amount recommended by the Lane County, Oregon State University
Extension Service for turf grass and are prohibited within 100 feet of a
wellhead. In no event shall a single application exceed one half pound per
1,000 square feet of area per single application or a total yearly
application of 5 pounds nitrogen fertilizer per 1,000 square feet.
B. 1-5 year TOTZ Standards.
1. The storage, handling, treatment, use, application, or production or
otherwise keeping on premises of more than 20 gallons of hazardous
materials that pose a risk to groundwater in aggregate quantities not
containing DNAPLs are allowed only upon compliance with containment
and safety standards specified by the most recent Fire Code adopted by
the City.
2. Unless exempted, all hazardous or other materials that pose a risk to
groundwater shall be stored in areas with approved secondary
containment in place (Springfield Fire Code 2702.1 and 2704.2.2).
3. All new use of DNAPLs are prohibited.
4. Any change in the type of use or an increase in maximum daily inventory
quantity of any DNAPL is considered a new use and is prohibited.
5. The following certain types of facilities or changes in chemical use and/or
storage of hazardous or other materials that pose a risk to groundwater
are prohibited:
ORDINANCE NO. 6238
a. Hazardous material product pipelines used to transport the
hazardous material off of the tax lot where it is produced or used;
b. Injection wells.
EXCEPTION: Dry wells for roof drainage;
c. Solid waste landfills and transfer stations;
d. Fill materials containing hazardous materials;
e. Land uses and new facilities that will use, store, treat handle,
and/or produce DNAPLs.
6. Requirements found in Springfield Fire Code 2704.2.2.5 for a monitoring
program and monitoring methods to detect hazardous or other materials
in the secondary containment system shall be met for all amounts of
hazardous materials that pose a risk to groundwater unless exempted.
7. The following requirements for inspection and record keeping procedures
for monthly in-house inspection and maintenance of containment and
emergency equipment for all amounts of hazardous or other materials
that pose a risk to groundwater shall be met unless exempted: Schedules
and procedures for inspecting safety and monitoring and emergency
equipment. The applicant shall develop and follow a written inspection
procedure acceptable to the Director for inspecting the facility for events
or practices which could lead to unauthorized discharges or hazardous
materials. An inspection check sheet shall be developed to be used in
conjunction with routine inspections. The check sheet shall provide for
the date, time, and location of inspection; note problems and dates and
times of corrective actions taken; and include the name of the inspector
and the countersignature of the designated safety manager for the facility.
c. 5-10 year TOTZ Standards.
1. The storage, handling, treatment, use, production or otherwise keeping
on premises of more than 20 gallons of hazardous materials that pose a
risk to groundwater in aggregate quantities not containing DNAPLs is
allowed upon compliance with containment and safety standards
specified by the most recent Fire Code adopted by the City
2. All hazardous or other materials that pose a risk to groundwater shall be
stored in areas with approved secondary containment in place
(Springfield Fire Code 2702.1 and 2704.2.2).
3. All new use of DNAPLs are prohibited.
4. Any change in type of use or an increase in the maximum daily inventory
quantity of any DNAPL is considered a new use and is prohibited.
5. The following requirements for inspection and record keeping procedures
for monthly in-house inspection and maintenance of containment and
ORDINANCE NO. 6238
emergency equipment for all amounts of hazardous or other materials
that pose a risk to groundwater shall be met unless exempted: Schedules
and procedures for inspecting safety and monitoring and emergency
equipment. The applicant shall develop and follow a written inspection
procedure acceptable to the Director for inspecting the facility for events
or practices which could lead to unauthorized discharges or hazardous
materials. An inspection check sheet shall be developed to be used in
conjunction with routine inspections. The check sheet shall provide for
the date, time, and location of inspection; note problems and dates and
times of corrective actions taken; and include the name of the inspector
and the countersignature of the designated safety manager for the facility.
D. 10-20 year TOTZ Standards. The storage, handling, treatment, use, production
or keeping on premises of more than 20 gallons of hazardous materials that pose
a risk to groundwater in aggregate quantities is allowed only upon compliance
with containment and safety standards specified by the most recent Fire Code
adopted by the City." ~~
SECTION 11: CHAPTER 3 LAND USE DISTRICTS, Section 3.3-815 is hereby
amended to read as follows:
"3.3-815 Schedule of Use Categories when there is an Underlying Residential,
Commercial, or Industrial District
The following uses may be permitted in the underlying residential, commercial, or industrial district
subject to the provisions, additional restrictions and exceptions specified in this Code. EXCEPT
AS SPECIFIED IN SECTION 3.3-810B., URBAN USES (e.g., multiple-family or churches)
NOT LISTED IN THE UF-IO OVERLAY DISTRICT ARE NOT PERMITTED.
"P" = PERMITTED USE subject to the standards of this Code.
"S" = SPECIAL DEVELOPMENT STANDARDS subject to speciallocational and/or siting
standards as specified in Section 4.7-100.
"D" = DISCRETIONARY USE subject to reyiew and analysis under Type III procedure (Section
5.9-100) at the Planning Commission or Hearings Official level.
"N" = NOT PERMITTED
* = SITE PLAN REVIEW REQUIRED
S
S*
S
N
S
N
ORDINANCE NO. 6238
4.7-200)
Partitions (Section 3.3-825E.) P N N
Property Line Adiustments P N N
Hiqh Impact Facilities (Section 4.7-160) S* S* S*
Low Impact Facilities P P P
Temporary sales/display of produce, the majority of P P P
which is qrown on the premises (Section 4.8-125)
Tree fellinq (Section 5.19-100) P P P
R.V. parks and campqrounds (Section 4.7-220D.) S* N N
RV parks and campgrounds that do not require urban N D* D*
services (Section 4.7-220D.)
Expansion of non-conforming uses existing on the N D* D*
effective date of Lane County's application (on either the
IICU or I/U District to the property (Section 3.3-385F.)
Expansion or replacement of lawful uses permitted in the N P* P*
underlying commercial or industrial district (Section 3.3-
825F.)
Expansion or replacement of lawful Discretionary Uses in N D* D*
the underlyinq zoninq district (Section 3.3-825F.)
New Permitted and Specific Development Standards in N P* P*
the underlying zoning district within existing structures
(Section 3.3-825F.)
Manufactured home (night watch person) or N N S*
manufactured unit (office) in an industrial district
(Sections 4.7-185 and 4.7-170)
Certain Wireless Telecommunications Systems Facilities See See Section See
Section 4.3-145 Section
4.3-145 4.3-145"
SECTION 12: CHAPTER 3 LAND USE DISTRICTS, Section 3.3-825G. is hereby
amended to read as follows:
I "3.3-825 Additional Provisions
G. R.V. parks and campgrounds shall be located on land classified Public Land and Open
Space (PLO) and be subject to the specific deyelopment standards specified Section
4.7-220. "
SECTION 13: CHAPTER 3 LAND USE DISTRICTS, Section 3.3-910B. is hereby
amended to read as follows:
I "3.3-910 Applicability
B. On the adopted Historic Landmark Inventory within the City or its urbanizing areas,
including the following individually designated Historic Landmarks:
Historic Site/ Structure
Stevens and Perkins Buildin
1.0.0.F. Buildin
Pacific Power & Li ht Buildin
Address
330 Main Street
346 Main Street
590 Main Street
ORDINANCE NO. 6238
Southern Pacific Railroad De ot
Brattain / Hadle House
Stewart House
Dou las House
Thurston Gran e
101 South A Street
1260 Main Street
214 Pioneer Pk . West
3362 Osa e Street
66 Street and Thurston Rd."
SECTION 14: CHAPTER 4 DEVELOPMENT STANDARDS, Section 4.3-110E. is
hereby amended to read as follows:
I "4.3-110
Stormwater Management
E. A development is required to employ stormwater management practices approved by
the Public Works Director and consistent the Engineering Design Standards and
Procedures Manual, which minimize the amount and rate of surface water run-off into
receiving streams. The following stormwater management practices may be required in
order to relieve demand on the City's piped drainage system and to alleviate future costs
of treating the piped discharge; to promote water quality, to preserve groundwater and
the vegetation and rivers it supports, and to reduce peak storm flows:
1. Temporary ponding of water;
2. Permanent storage basins;
3. Minimizing impervious surfaces;
4. Emphasizing natural water percolation and natural drainageways;
5. Preventing water flowing from the street in an uncontrolled fashion;
6. Stabilizing natural drainageways as necessary below drainage and culvert
discharge points for a distance sufficient to convey the discharge without channel
erosion, as permitted/allowed by City, State and Federal regulations;
7. On-site filtration or skimming of run-off, which will enter natural drainageways to
maintain water quality; and
8. On-site constructed wetlands."
ORDINANCE NO. 6238
SECTION 15: CHAPTER 4 DEVELOPMENT STANDARDS, Table 4.4-1 is hereby
amended to read as follows:
"Table 4.4-1
Yard T e
Front Yard 1
Street Side Yard
Rear Yard
Hei ht Exce tions
Vision Clearance
Area 7
Barbedl Razor
Wirel Electric
(1) The fence shall be located behind the front yard setback in all districts unless allowed in (2).
(2) Fences may be allowed within the front yard setback as follows:
(a) 4' high unslatted chain link - this standard does not apply to multi-family developments.
(b) 3' high sight obscuring fence.
(3) In the Campus Industrial District the base height standard is 6'. In all other industrial districts, the
base height standard is 8'.
(4) In the residential districts, a fence may be located along the property line. In all other districts, the
fence shall be located behind the street yard setback.
(5) Situations where the base fence height may be exceeded:
(a) 8' in residential, commercial and the PLO Districts for public utility facilities, school yards and
playgrounds, provided that the fence is located behind the front yard and street side yard
landscaped area and outside of the vision clearance area. Residential districts abutting these
facilities, railroad tracks or residential property side and rear yards abutting streets with 4 or
more travel lanes, may have fences of 8' along common property lines and right-of-way.
(b) 10' for residential properties abutting commercial or industrial districts along common
property lines, and around permitted storage areas in residential districts. Yards of single-
family homes shall not constitute permitted storage areas.
(c) In residential districts, any fence located within a required setback, and which exceeds the
allowable fence height for that setback by more than 20 percent, shall be reviewed under
Discretionary Use procedure for fences as specified in Section 5.9-100.
(6) Special standards in the Campus Industrial District:
(a) No fencing shall be permitted within 35' of a CI District perimeter or 20 feet of any
development area perimeter or within interior lots/parcels of development areas.
EXCEPTION: 3' maximum height decorative fencing or masonry walls may be permitted as
screening devices around parking lots.
(b) Chain link fences shall be permitted only when combined with plantings of evergreen shrubs
or climbing vines that will completely cover the fence(s) within 5 years of installation (as
certified by a landscape architect or licensed nursery operator).
(c) Painted fences shall match the building color scheme of the development area.
(7) No fence shall exceed the 2W height limitation within the vision clearance area as specified in
Section 4.2-130.
(8) Barbed wire, razor wire or electrified fencing shall be permitted atop a six foot chain link fence. The
total height of the fence and barbed wire shall not exceed 8'. These materials shall not extend into
the vertical plane of adjoining public sidewalks. Barbed wire or razor wire only fences are
prohibited. Electrified fencing shall be posted with warning signs every 24 feet.
EXCEPTIONS:
(a) In the PLO District in the Downtown Exception Area and in the MUC, MUE and MUR
Districts, no barbed razor wire or electrified fences shall be permitted.
(b) In the residential districts, barb-wire and electrified fencing on lots/parcels less than 20,000
square feet, and razor wire on any loUparcel, regardless of size, shall be reviewed under
Commercial
6'
6'
6'
8'
2W
District
PLO
6'
6'
6'
8'
2W
MS
6'
6'
6'
N/A
2W
Y(8)
Y(8)
Y(8)
Y/N (8)
N
ORDINANCE NO. 6238
Discretionary Use procedure as specified in Section 5.9-100, using the criteria specified in
Subsection C., below."
SECTION 16: CHAPTER 4 DEVELOPMENT STANDARDS, Section 4.7-105A. is
hereby amended to read as follows:
I "4.7-105
Accessory Structures
This Subsection regulates structures that are incidental to allowed residential uses to prevent
them from becoming the predominant element of the site.
A. Accessory Structure Groups. Accessory structures are divided into 3 groups based on
their characteristics. Accessory structures may be attached or separate from primary
structures.
1. Group A. This group includes buildings and covered structures for example,
garages, bedrooms or living rooms, including bathrooms that are not an
accessory dwelling unit as defined in Section 5.5-100, art studios, gazebos,
carports, greenhouses, storage buildings, boathouses, covered decks and
recreational structures. Agricultural structures as defined in this Code are
deemed Group A accessory structures if located on lots/parcels less than 2 acres
in size.
2. Group B. (Architectural extensions) This group includes uncovered, generally
horizontal structures for example, decks, stairways, in ground or above ground
swimming pools, tennis courts, and hot tubs.
3. Group C. (Incidental equipment) This group includes generally vertical structures
for example, flag-poles, trellises and other garden structures, play structures,
radio antennas, satellite receiving dishes and lampposts. This group also
includes rooftop solar collectors. Fences are addressed in Section 4.4-115."
SECTION 17: CHAPTER 4 DEVELOPMENT STANDARDS, Section 4.7-140 is
hereby amended to read as follows:
I "4.7-140 Duplexes
A. A duplex may be on located on corner lots/parcels of 6,000 square feet in the
LDR District, unless as may be permitted below. A corner duplex or duplex
10tLparcel in any residential district may be partitioned for the purpose of allowing
independent ownership of each dwelling unit, if each of the two resulting
lots/parcels meets the size standards specified in Section 3.2-215. Duplexes or
duplex lots/parcels eligible for this type of partition shall meet the partition
standards of Section 5.12-100 and the following:
1. Utility service to each unit shall be separate.
2. All walls connecting abutting units shall be fire resistive walls as specified
in the Structural Specialty Code and Fire and Life Safety Code.
ORDINANCE NO. 6238
3. The property line separating the two units shall have not more than two
angle points. The angle points shall not occur within the wall between
abutting units.
B. Duplexes on interior lots/parcels zoned Low Density Residential, approved prior
to the adoption of this Code, as part of a Planned Unit Development shall not be
considered to be non-conforming uses.
C. Duplexes on interior lots/parcels zoned Low Density Residential, approved prior
to the adoption of this Code on property previously zoned RG Garden
Apartments shall not be considered to be a non-conforming use.
D. Duplexes on interior lots/parcels zoned Low Density Residential, which meets the
density requirements of this zoning district, shall not be considered a non-
conforming use."
SECTION 18: CHAPTER 4 DEVELOPMENT STANDARDS, Section 4.7-180 is
hereby amended to read as follows:
I "4.7-180
Mixed Use Districts
A. Specific development standards for the MUC District shall be the same as those
specified in Section 3.2-310 as an "s" use and listed in applicable Subsections of
Section 4.7-100, and the following:
EXCEPTIONS:
1. Drive-through uses may conflict with safe and convenient movement of
pedestrians and bicycles within MUC Districts. A drive-through use, for the
purposes of this Section, is defined as a business activity involYing buying or
selling goods or provision of services wherever one of the parties conducts the
activity from within a motor vehicle. Facilities usually associated with a drive-
through usually involve queuing lines, service windows, service islands, and
service bays for vehicular use. Drive-through uses are therefore not permitted in
MUC Districts unless the use is incidental to a primary site use, and when
designed in conformance with the following standards:
a. The drive-through use shall be limited to service windows which are part
of a primary use structure, and no more than 2 queuing lanes.
b. Drive-up facilities shall be designed so that circulation and drive-up
windows are not adjacent to sidewalks or between buildings and the
street, to the maximum extent practicable.
2. Parking Lots and Parking Structures, Public and Private.
ORDINANCE NO. 6238
a. In MUC Districts, surface parking lots abutting public streets shall include
perimeter landscaping and shade trees as specified in Sections 3.2-315
and 4.4-100.
b. Parking structures located within 20 feet of pedestrian facilities, including,
but not limited to: public or private streets, pedestrian accessways,
greenways, transit stations, shelters, or plazas, shall proYide a
pedestrian-scale environment on the fac;ade facing the pedestrian facility.
One or more of the following techniques may be used:
i. Provide retail or office uses on the ground floor of the parking
structure facing the pedestrian facility;
ii. Provide architectural features that enhance the ground floor of a
parking structure adjacent to the pedestrian facility, for example,
building articulation, awnings, canopies, building ornamentation
and art; and/or
iii. Provide pedestrian amenities in the transition area between the
parking structure and pedestrian facility, including landscaping,
trellises, seating areas, kiosks, water features with a sitting area,
plazas, outdoor eating areas, and drinking fountains.
c. In MUC Districts, parking lots shall be located beside or behind buildings,
internal to the development on a site. Existing or new outparcel buildings
between a large parking lot and the street shall be used to help define the
streetscape, and lessen the visual impact of the parking lot from the
street.
SECTION 19: CHAPTER 4 DEVELOPMENT STANDARDS, Section 4.7-190A. is
hereby amended to read as follows:
I "4.7-190 Professional Offices
A. Professional offices in residential districts are permitted when:
1. The lots/parcels are adjacent to CC, MUC or MRC Districts; and
2. The majority of the square footage of the structure on the lot/parcel is not more
than 100 feet from CC, MUC or MRC Districts. Where public-right-of-way
separates the residential district from the commercial district, the right-of-way
width is not counted in the measurement."
SECTION 20: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS, Section 5.1-120 is hereby amended to read as follows:
I "5.1-120 Pre-Development Meetings
Pre-Development Options. The City has established three pre-development processes to assist
prospective applicants through the application review process:
" ORDINANCE NO. 6238
A. The Development Issues Meeting. The purpose of the Development Issues Meeting is to
give a prospective applicant the opportunity to discuss a limited number of development
issues with City staff. The discussions can be general or specific depending on the
questions submitted with the application. The Development Issues Meeting is voluntary,
unless specifically required elsewhere in this Code.
B. Pre-Application Report. The purpose of the Pre-Application Report is to give a prospective
applicant the opportunity to discuss an entire development proposal with City Staff. This
meeting is recommended for large and/or complex proposals to avoid unanticipated costs
or delay during the formal application process.
EXCEPTION: The Pre-Application Report is required for a Master Plan application as
specified in Section 5.13-115.
C. The Pre-Submittal Meeting. The purpose of the Pre-Submittal Meeting is to provide an
opportunity for the property owner, applicant and the development team to meet with City
staff to determine that an application is complete for processing prior to formal submittal to
the City. A complete application will facilitate the review process. The Pre-Submittal
Meeting will examine key elements of the application, including, but not limited to:
transportation, stormwater management, wastewater facilities, and landscaping. The Pre-
Submittal Meeting is mandatory for all Site Plan Review, Subdivision, Partition and Master
Plan applications. The Pre-Submittal Meeting is required even if the meetings specified in
Subsections A. and S., above have been utilized. Applications shall be reviewed by the
Director within 30 days of receipt to determine if they meet the requirements specified in
Section 5.4-105 and are complete."
SECTION 21: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS, Section 5.3-115C. is hereby amended to read as follows:
I "5.3-115 Appeals of the Director's or Hearings Official's Type II Decision
C. Notice. The Director shall provide notice of the public hearing to the property owner,
applicant, if different, the appellant and all persons who submitted comments or
requested notice of the decision as part of the process leading to the Director's or
Hearings Official's decision. The notice of the appeal hearing shall be as specified in
Section 5.2-115."
SECTION 22: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS, Table 5.4-1 is hereby amended to read as follows:
"Table 5.4-1 Development Applications
,Decision Type'
Accessory Dwelling Unit
Amendment of Development Code Text
Amendment of Refinement Plan Text or Diagram
Annexation
Appeal of a Type II Director's Decision
Appeal of Type III Decision to City Council
Type I
Type IV
Type IV
Type IV
Type "'
Type IV
ApplicableSDC
:Sections '
5.5-100
5.6-100
5.6-100
5.7-100
5.3-100
5.3-100
ORDINANCE NO. 6238
Appeal of an Expedited Land Division Type "' 5.3-125
Conceptual Development Plan Type III Applicable Section
Conceptual Development Plan Amendment Type III Applicable Section
Demolition of Historic Landmark Type III 3.3-900
Determination of Non-Conforming Use Status Type I 5.8-100
Development Issues Meeting Type I 5.1-100
Discretionary Use Type III 5.9-100
Drinking Water Protection Overlay District Type I 3.3-200
Development
Establishment of Historic Landmark Inventory Type III 3.3-900
Expansion/Modification of a Non-Conforming Use Type II 5.8-100
Expedited Land Division Type II 5.1-145
Extraterritorial Extension of Water or Sewer Service Type IV 3.3-825
Final Site Plan Equivalent Type 5.17-100
Final Site Plan Review/Development Agreement Type 5.17-100
Floodplain Development Type 3.3-400
Hillside Development Overlay District Type 3.3-500
Historical Commission Review-Major Alteration Type 3.3-900
Historical Commission Review-Minor Alterations Type 3.3-900
Home Occupations Type 4.7-165
HS Hospital Support Overlay District Type 3.3-1100
Interpretation involving policy Type V 5.11-100
Interpretation not involving policy Type II 5. 11-1 00
Land Use and Zoning Compatibility Statement Type I 3.1-100
Major Variance Type III 5.21-100
Emergency Medical Hardship Type II 5.10-100
Manufactured Dwelling Park Type II 3.2-235
Manufactured Dwelling Park Space Line Adjustment Type I 3.2-235
Manufactured Home- Temporary Residential Use Type I 3.2-235
Master Plan Type II 5.13-100
Master Plan Amendment Type I or II 5.13-1 00
Metro Plan Amendment Type I (text) or Type II Type IV 5.14-100
(diagram)
Minimum Development Standards Type 5.15-100
Minor Variance Type 5.21-100
Partition Replat Tentative Plan Type 5.12-100
Partition Tentative Plan Type 5.12-100
Pre-Application Report Type 5.1-100
Property Line Adjustment-Single Type 5.16-100
Property Line Adjustment-Serial Type 5.16-100
Site Plan Modification-Minor Type 5.17-100
Site Plan Review Modification-Major Type I 5.17-100
Site Plan Review Type II 5.17-100
Solar Access Protection Type II 5.18-100
Subdivision Replat Tentative Plan Type II 5.12-100
ORDINANCE NO. 6238
Subdivision Tentative Plan Type II 5.12-100
SubdiYision/Replat Plat Type I 5.12-100
Tree Felling Permit Type II 5.19-100
Vacation of Plats, Public Right-of-way, or Other Type IV 5.20-100
Public Property
Vacation of Public Easements Type II 5.20-100
Willamette Greenway Overlay District Development Type III 3.3-300
Wireless Telecommunications Systems Facilities Type I, II, or III 4.3-145
Zoning Map Amendment Type III 5.22-100"
SECTION 23: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS, Section 5.13-100 is hereby amended to read as follows:
Subsections:
5.13-105
5.13-110
5.13-115
5.13-116
5.13-117
5.13-120
5.13-125
5.13-130
5.13-131
5.13-132
5.13-133
5.13-134
5.13-135
5.13-140
"Section 5.13-100 Master Plans
Purpose
Applicability
Preliminary Master Plan - Review
Preliminary Master Plan - Application Concurrency
Preliminary Master Plan - Neighborhood Meeting
Preliminary Master Plan - Submittal Requirements
Preliminary Master Plan - Criteria
Preliminary Master Plan - Conditions
Final Master Plan - Review
Final Master Plan - Submittal Requirements
Final Master Plan - Criteria, Recordation and Effective Date
Final Master Plan - Phasing Implementation
Final Master Plan - Modifications
Final Master Plan - Assurance to the Applicant and City Disclaimers"
SECTION 24: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS, Section 5.13-105 is hereby amended to read as follows:
I "5.13-105 Purpose
A. A Master Plan allows phasing the development of a specific property over several years.
B. The purpose of a Master Plan is to:
1. Facilitate the reYiew of multi-phased developments that are desired to be
constructed over a 3 to 7 year period and ensure that individual phases will be
coordinated with each other over the duration of the Final Master Plan;
2. Ensure that a full range of public facilities and services are available or will be
provided for the proposed phased development and to plan the extension of
necessary public infrastructure in a timely and efficient manner;
ORDINANCE NO. 6238
3. Determine specific land uses, a range of minimum to maximum square footage of
non-residential uses and a range of minimum to maximum densities of residential
uses, the arrangement of uses, and the location of public facilities and
transportation systems;
4. Identify, during the public review process, potential impacts, including, but not
limited to noise, shading, glare, utility capacity and traffic and consider
alternatives for mitigating these impacts to affected properties and/or public
facilities;
5. Provide the property owner an opportunity for the concurrent reyiew of
discretionary land use decisions; and
6. Provide the property owner with the assurance needed over the long term to plan
for and execute the proposed development."
SECTION 25: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS, Section 5.13-110 is hereby amended to read as follows:
I "5.13-110 Applicability
A. Approval of a Master Plan is a two-step process that includes a Preliminary Master Plan
application and a Final Master Plan application. This process applies when the following
criteria are met:
1. The property is under single ownership; or if the property has multiple owners, all
owners of record consent in writing to the Master Plan review process; and
2. The property is 5 acres or greater and the applicant desires development to be
phased over a period not to exceed 7 years, unless modified as specified in
Section 5.13.135.
EXCEPTION: The Director may allow an exception to the 5 acre minimum, if the
applicant requests phasing for more than 3 years.
B. A Master Plan may include public, commercial, industrial or residential deyelopment, or
any combination thereof."
SECTION 26: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS, Section 5.13-115 is hereby amended to read as follows:
I "5.13-115 Preliminary Master Plan - Review
A. The Preliminary Master Plan shall be reviewed under Type II procedure.
EXCEPTIONS: The Preliminary Master Plan shall be reviewed under Type III procedure
if:
1. During the Pre-Application Report process, the Director determines that the
proposed development is:
ORDINANCE NO. 6238
a. Complex; and/or
b. May have potential impacts on public facilities, including, but not limited to
availability and capacity; and/or other properties including, but not limited
to noise and traffic; and/or
2. The applicant chooses to submit concurrent Type III procedure applications as may
be permitted in Section 5.13-116.8.
B. Prior to the submittal of a Preliminary Master Plan application:
1. A Pre-Application Report application, as specified in Section 5.1-120.8., is required
prior to the formal submittal of the Preliminary Master Plan application.
2. A Pre-Submittal Meeting application, as specified in Section 5.1-120.C., is required
prior to the formal submittal of the Preliminary Master Plan application."
SECTION 27: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS, Section 5.13-116 is hereby added:
I "5.13-116 Preliminary Master Plan - Application Concurrency
A. If the applicant requires or proposes to change the Metro Plan diagram and/or text, the
applicant shall apply for and obtain approval of a Metro Plan diagram and/or text
amendment prior to the submittal of the Preliminary Master Plan application. The Metro
Plan diagram and/or text amendment may also require amendment of an applicable
refinement plan diagram or Plan District Map.
B. The Preliminary Master Plan may be reviewed concurrently with other Type III applications
including a Zoning Map amendment, Discretionary Use, Major Variance, or a Willamette
Greenway Permit application.
C. Subdivision and/or Site Plan applications that initiate the various phases of proposed
development shall not be submitted concurrently with the Preliminary Master Plan. These
applications shall not be submitted until Final Master Plan approval is effective, as
specified in Section 5.13-133."
SECTION 28: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS, Section 5.13-117 is hereby added:
I "5.13-117 Preliminary Master Plan - Neighborhood Meeting
To provide the opportunity for early citizen involvement in the Master Plan review process, the
applicant shall provide notice and invite citizen participation by initiating a Neighborhood Meeting.
The meeting shall be scheduled after receipt of staffs response to the Pre-Application Report
application required in Subsection 5.13-1158.1., and prior to the formal submittal of a Preliminary
Master Plan application. The meeting is not intended to produce complete consensus on all
applications. It is intended to encourage applicants to be good neighbors. The applicant shall be
responsible for scheduling and organizing the meeting, arranging the meeting place, notice and all
related costs. City staff will attend the neighborhood meeting in an advisory capacity to answer
ORDINANCE NO. 6238
questions. The notice shall provide a brief description of the proposal and shall be mailed to those
property owners and residents within 300 feet of the proposed development. The meeting may be
held in any public or priyate building capable of accommodating the proceeding. The building
selected should be in the Yicinity of the proposed development. The applicant shall submit a
summary of the questions raised and responses made at this meeting with the Preliminary Master
Plan application as required in Subsection 5.13-120N."
SECTION 29: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS, Section 5.13-120 is hereby amended to read as follows:
I "5.13-120 Preliminary Master Plan - Submittal Requirements I
The Preliminary and Final Master Plan applications shall be prepared by a professional design
team. The applicant shall select a project coordinator. All related maps, excluding vicinity and
detail maps, shall be at the same scale. A Preliminary Master Plan shall contain all of the
elements necessary to demonstrate compliance with the applicable provisions of this Code and
shall include, but not be limited to:
A. General Submittal Requirements. The applicant shall submit a Preliminary Master Plan
that includes all applicable elements described below and a narrative generally
describing the purpose and operational characteristics of the proposed development.
The narrative shall include:
1. The existing Metro Plan designation and zoning. Where the proposed Master Plan
site is within an overlay district, Plan District or Refinement Plan the applicable
additional standards shall also be addressed;
2. The location and proposed number of residential units and/or square footage of
commercial, industrial and/or public uses;
3. The density or intensity of proposed uses, including applicable Floor Area Ratios
(FARs); and
4. The applicant shall attach:
a. A map depicting existing zoning and land uses within 300 feet of the
proposed Master Plan boundary;
b. A Vicinity Map drawn to scale depicting existing bus stops, streets,
driveways, pedestrian connections, fire hydrants and other
transportation/fire access issues within 300 feet of the proposed Master
Plan site; and
c. A legal description of the property within the proposed Master Plan
boundary.
B. A Site Assessment of the entire proposed Master Plan site that precisely maps and
delineates the existing conditions on the site. Proposed modifications to physical
features shall be clearly indicated. Information required for adjacent properties may be
generalized to show the connections to physical features. A Site Assessment shall
contain the following information, as applicable:
ORDINANCE NO. 6238
1. A full size map depicting the proposed Master Plan boundary together with
existing lot/parcel lines;
2. The 1 OO-year floodplain and floodway boundaries on the proposed Master Plan
site, as specified in the latest adopted FEMA Flood Insurance Rate Maps or
FEMA approved Letter of Map Amendment or Letter of Map Revision;
3. The Time of Travel Zones, as specified in Section 3.3-200 and delineated on the
Wellhead Protection Areas Map on file in the Development Services Department;
4. Physical features including, but not limited to significant clusters of trees and
shrubs, wetlands as specified in Section 4.3-117, rock outcroppings and
watercourses shown on the Water Quality Limited Watercourse (WLQW) Map
and their riparian areas on file in the Development Services Department. In the
latter case, the name, location, dimensions, direction of flow and top of bank shall
be depicted. If the proposed Master Plan site is located within 150 feet of the top
of bank of any WQLW or~ within 100 feet of the top of bank of any WQLW direct
tributary, a Riparian Area Protection Report is required;
5. Soil types and water table information as mapped and specified in the Soils
Survey of Lane County. A Geotechnical report prepared by a licensed
Geotechnical Engineer shall be submitted concurrently if the Soils Survey
indicates the proposed Master Plan site has unstable soils and/or a high water
table; and
6. Existing eleyations and contours.
c. A Grading Plan which includes: existing and proposed elevations and where 2 or more
feet of fill or grading is anticipated for portions of, or the entire proposed Master Plan site.
On hillsides, the plan shall show pad sites and their relationship to the public right-of-way
with existing contours at 1-foot intervals and percent of slope. In areas where the percent
of slope is 10 percent or more, contours may be shown at 5-foot intervals.
D. A Stormwater Management Plan diagram which includes the stormwater management
system for the entire proposed Master Plan site and any impacts on adjacent properties.
The plan shall contain the following components:
1. Roof drainage patterns and discharge locations;
2. Pervious and impervious area drainage patterns;
3. The size and location of stormwater management systems components,
including, but not limited to: drain lines, catch basins, dry wells and/or detention
ponds; stormwater quality measures; and natural drainageways to be retained
and/or modified;
4. Existing and proposed elevations, site grades and contours; and
ORDINANCE NO. 6238
5. A stormwater management system plan with supporting calculations and
documentation as specified in Section 4.3-110 shall be submitted supporting the
proposed system. The plan, calculations and documentation shall be consistent
with the Engineering Design Standards and Procedures Manual.
E. A Wastewater Management Plan with maps and a narrative depicting the location and
size of existing and proposed wastewater facilities with supporting calculations and
documentation consistent with the Engineering Design Standards and Procedures
Manual.
F. A Utilities Plan with maps and a narrative depicting the location and size of existing and
proposed water, electrical, gas and telephone service; and the location of existing and
required traffic control devices, fire hydrants, street lights, power poles, transformers,
neighborhood mailbox units and similar public facilities.
G. A conceptual Landscape Plan with maps and a narrative illustrating proposed
landscaping for the entire proposed Master Plan site, including, but not limited to: where
existing vegetation is proposed for preservation, especially riparian and wetland areas
and trees; installation of vegetative buffering; street trees; general landscaping; and a
percentage range for the total amount of required open space, broken down by the type
of open space, public and priyate, as applicable. A conceptual Landscape Plan is more
appropriate at the Master Plan level. A detailed Landscape Plan will be required during
the Site Plan Review application process required to implement the Final Master Plan.
H. An Architectural Plan with maps, including:
1. Building elevations, overall commercial, industrial or public floor area, the number
of dwelling units, building height, number of stories and the building location or
building mass of the primary structures (as defined in this Code);
2. IlIustratiye examples of applicable SDC design standards and building materials
may be considered conceptual. In this case, this requirement, if changed in the
future, will not require Final Master Plan modification as specified in Section 5.13-
135; and a
3. Narrative. A narrative providing sufficient information to describe the proposed
Architectural Plan.
I. A Parking Plan and Parking Study.
1. A Parking Plan shall be submitted for all proposed development and shall contain
the following information:
a. The location and number of proposed parking spaces;
b. On-site vehicular and pedestrian circulation;
ORDINANCE NO. 6238
c. Access to streets, alleys and properties to be served, including the
location and dimensions of existing and proposed driveways and any
existing driveways proposed to be closed;
d. The location of and number proposed bicycle spaces;
e. The amount of gross floor area applicable to the parking requirements for
the proposed use; and
f. The location and dimensions of off-street loading areas, if any.
2. A Parking Study, for other than single family developments, with maps and a
narrative depicting projected parking impacts, including, but not limited to:
projected peak parking demand; an analysis of peak demand compared to, or
use of, the proposed on-site and off-site supply; potential impacts to the on-street
parking system and adjacent land uses; and proposed mitigation measures, if
necessary.
J. An On-site Lighting Plan depicting the location and maximum height of all proposed
exterior light fixtures, both free standing and attached.
K. A Public Right-of-Way/Easement/Public Place Map depicting the reservation, dedication,
or use of the proposed Master Plan site for public purposes, including, but not limited to:
rights-of-way showing the name and location of all existing and proposed public and
private streets within or on the boundary of the proposed Master Plan site, the right-of-way
and paving dimensions, and the ownership and maintenance status, if applicable, and the
location, width and construction material of all existing and proposed sidewalks; pedestrian
access ways and trails; proposed easements; existing easements; parks; open spaces,
including plazas; transit facilities; and school sites.
L. A Traffic Impact Study, as specified in Section 4.2-105.A.4., the scope of which may be
established by the Public Works Director. The Traffic Impact Study shall contain maps
and a narrative depicting projected transportation impacts, including, but not limited to:
the expected number of vehicle trips that may be generated by the proposed
development (peak and daily); an analysis of the impact of vehicle trips on the adjacent
street system; and proposed mitigation measures to limit any projected negative impacts.
Mitigation measures may include improvements to the street system itself or specific
programs and strategies to reduce traffic impacts such as encouraging the use of public
transit, carpools, vanpools, and other alternatives to single occupant vehicles.
M. A Phasing Plan. The Phasing Plan shall illustrate the proposed location of buildings,
streets, utilities and landscaping. Phasing shall progress in a sequence that provides
street connectivity between the various phases and accommodates other required public
improyements such as wastewater facilities, stormwater management, electricity and
water. The Phasing Plan shall consist of maps and a narrative with an overall schedule or
description of on-/off-site phasing including, but not limited to: the type, location and timing
of proposed uses, building locations; proposed public facilities including on-/off-site streets
and traffic signals or other traffic control devices and utilities with the designation of
construction and maintenance responsibility; estimated start/completion dates with a
ORDINANCE NO. 6238
proposed type of financial guarantee, including, but not limited to a bond, letter of credit,
joint deposit or other security in a form acceptable to the City, submitted by the property
owner, a future buyer and/or a developer, to ensure planned infrastructure improvements
will occur with each phase, if necessary, or when required by the City, affected local
agency or the State (the formal submittal of a required guarantee typically occurs during
the Final Master Plan review process and/or development implementation); a statement
of the applicant's intentions with regard to the future selling or leasing (if known at the
time of Preliminary Master Plan submittal) of all or portions of the proposed development
(where a residential subdivision is proposed, the statement shall also include the
applicant's intentions whether the applicant or others will construct the homes); and the
relationship of pedestrian and bicycle connectivity and open space requirements to the
proposed phasing.
N. Neighborhood Meeting Summary. The applicant shall submit a summary of issues raised
at the neighborhood meeting as specified in Section 5.13-117.
O. A copy of all proposed and any existing covenants, conditions, and restrictions that may
control development, if applicable.
P. Annexation. A general schedule of proposed annexation consistent with the phasing plan,
if applicable.
Q. The Director may require additional information necessary to evaluate the proposed
development, including, but not limited to:
1. An ESEE analysis, as may be needed to comply with Statewide Planning Goal 5,
Natural Resources, for site attributes that may not be on an adopted City inventory;
2. A wetland delineation approved by the Oregon Department of State Lands shall be
submitted concurrently with the Preliminary Master Plan application, where there is a
wetland on the proposed Master Plan site; and
3. Historical and/or archaeological studies.
R. Any concurrent land use applications as specified in Subsections 5.13-1168."
SECTION 30 CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS, Section 5.13-125 is hereby amended to read as follows:
I "5.13-125 Preliminary Master Plan - Criteria
A Preliminary Master Plan shall be approved, or approved with conditions, if the Approval
Authority finds that the proposal conforms with all of the applicable approval criteria.
A. Plan/Zone consistency. The existing or proposed zoning shall be consistent with the Metro
Plan diagram and/or applicable text. In addition, the Preliminary Master Plan shall be in
compliance with applicable City Refinement Plan, Conceptual Development Plan or Plan
District standards, policies and/or diagram and maps.
B. Zoning district standards. The Preliminary Master Plan shall be in compliance with
applicable standards of the specific zoning district and/or overlay district.
ORDINANCE NO. 6238
c. Transportation system capacity. With the addition of traffic from the proposed
development, there is either sufficient capacity in the City's existing transportation system
to accommodate the development proposed in all future phases or there will be adequate
capacity by the time each phase of development is completed. Adopted State and/or local
mobility standards, as applicable, shall be used to determine transportation system
capacity. The Preliminary Master Plan shall also comply with any conditions of approval
from a Metro Plan diagram and/or text amendment regarding transportation and all
applicable transportation standards specified in SDC Chapter 4.
D. Parking. Parking areas have been designed to: facilitate traffic safety and avoid
congestion; provide bicycle and pedestrian connectivity within the property and to nearby
transit stops and public areas. The Preliminary Master Plan shall also comply with all
applicable vehicular and bicycle parking standards specified in SDC Chapter 4.
E. Ingress-egress. Ingress-egress points have been designed to: facilitate traffic safety and
avoid congestion; provide bicycle and pedestrian connectivity within the property and to
adjacent residential areas, transit stops, neighborhood activity centers, and commercial,
industrial and public areas; and minimize driveways on arterial and collector streets as
specified in this Code or other applicable City and State regulations. The Preliminary
Master Plan shall also comply with all applicable ingress/egress standards specified in
SDC Chapter 4.
F. Availability of public utilities. Existing public utilities, including, but not limited to, water,
electricity, wastewater facilities, and stormwater management facilities either have
sufficient capacity to support the proposed development in all future phases adequately, or
there will be adequate capacity available by the time each phase of development is
completed. The Public Works Director or appropriate utility provider shall determine
capacity issues. The Preliminary Master Plan shall also comply with applicable utility
standards specified in SDC Chapters 4 and 5.
G. Protection of physical features. Physical features, including, but not limited to slopes 15
percent or greater with unstable soil or geologic conditions, areas with susceptibility to
flooding, significant clusters of trees and shrubs, watercourses shown on the Water Quality
Limited Watercourses (WQLW) Map and their associated riparian areas, wetlands, rock
outcroppings and open spaces and areas of historic and/or archaeological significance as
may be specified in Section 3.3-900 or ORS 97.740-760, 358.905-955 and 390.235-240
shall be protected as specified in this Code or in State or Federal law. The Preliminary
Master Plan shall also comply with applicable physical feature protection standards
specified in SDC Chapter 4.
H. Phasing Plan. The Phasing Plan shall: demonstrate that the construction of required public
facilities shall occur in a logical sequence, either in conjunction with, or prior to each phase,
or that there are appropriate financial guarantees as specified in Subsection 5.13-120M. to
ensure the phased public facilities construction will occur.
I. Adjacent use protection. The proposed Preliminary Master Plan contains design, elements
including, but not limited to landscaping/screening, parking/traffic management, and multi-
modal transportation that limit and/or mitigate identified conflicts between the site and
adjacent uses."
ORDINANCE NO. 6238
SECTION 31: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS, Section 5.13-130 is hereby amended to read as follows:
I "5.13-130 Preliminary Master Plan - Conditions
The Approval Authority may attach conditions as may be reasonably necessary to the Preliminary
Master Plan in order to ensure compliance with the approval criteria in Section 5.13-125, and
with all other applicable provisions of this Code. All conditions shall be satisfied prior to Final
Master Plan approval. Certain conditions may require an adequate financial guarantee in a form
acceptable to the City to ensure compliance."
SECTION 32: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS, Section 5.13-131 is hereby added as follows:
I "5.13-131 Final Master Plan - Review
A. A Final Master Plan application shall be reviewed under Type I procedure. However, if the
Preliminary Master Plan approyal was reviewed under Type III procedure, the Director
may require the Final Master Plan to be reviewed under Type II procedure.
B. A Pre-Submittal Meeting application, as specified in Section 5.1-120.C., is required prior to
the formal submittal of the Final Master Plan application."
SECTION 33: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS, Section 5.13-132 is hereby added as follows:
I "5.13-132 Final Master Plan - Submittal Requirements
A. Within one year of Preliminary Master Plan Approval, the applicant shall submit the Final
Master Plan. The Final Master Plan shall illustrate the location of proposed buildings,
streets, utilities, parking and landscape areas. The Final Master Plan shall incorporate all
Approyal Authority conditions of approval. The Final Master Plan application shall include:
1. A narratiye that lists the conditions of approval, explains how each condition is met
and references the applicable Preliminary Master Plan maps and diagrams or plan
sheets that required revision as a condition of approval;
2. The specific maps, diagrams, plan sheets or other documents referenced above
that have been revised and/or demonstrate conformance with the Preliminary
Master Plan approval; and
3. Any other information that may be required by the Director.
EXCEPTION: The applicant may request an extension of the Final Master Plan submittal
for up to one additional year. The applicant shall submit the request for the extension in
writing to the Director no later than 30 days prior to the expiration of the Preliminary Master
Plan effective date as specified in Section 5.13-133C. The applicant shall explain why the
request is necessary and demonstrate how the Final Master Plan application will be
submitted within the requested extension time line. The Director may grant or amend the
extension request upon determining that the applicant is making progress on the Final
Master Plan application.
ORDINANCE NO. 6238
B. A Pre-Submittal Meeting application, as specified in Section 5.1-120.C., is required prior to
the formal submittal of the Final Master Plan application."
SECTION 34: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS, Section 5.13-133 is hereby added as follows:
I "5.13-133 Final Master Plan - Criteria, Recordation and Effective Date
A. Criteria. The Approval Authority shall grant Final Master Plan approval upon finding that:
1. The Final Master Plan substantially conforms to the provisions of the Preliminary
Master Plan approval; and
2. All approval conditions have been met or can be guaranteed to be met.
B. Recordation. The applicant shall record a Memorandum of Final Master Plan approval in a
format approved by the City Attorney, any other required documents at Lane County
Deeds and Records and return a recorded copy of the Memorandum of Final Master Plan
approval and all other applicable documents to the Development Services Department.
C. Effective Date.
1. Final Master Plan approval is effective on the date of recordation of the
Memorandum of Final Master Plan Approval, the effective date, for not more than 7
years, unless modified as specified in Section 5.13-135.
2. The Final Master Plan remains in effect until the permitted development has been
constructed or it is modified, superseded or expires.
D. Once the Final Master Plan effective date is established, all persons and parties, and their
successors, heirs or assigns, who have or will have any interest in the real property within
the Final Master Plan boundary, shall be bound by the terms and conditions of approval of
the Final Master Plan and the provisions of this Section. Notice of the Final Master Plan
effective date will be mailed to the applicant."
SECTION 35: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS, Section 5.13-134 is hereby added as follows:
I "5.13-134 Final Master Plan - Phasing Implementation
A. No Subdivision and/or Site Plan Review applications (phasing implementation) shall be
submitted until the Memorandum of Final Master Plan has been recorded, delineating the
effective date, and returned to the City.
B. The approved Final Master Plan shall be the basis for the evaluation of all phases of
proposed development, including Subdivision and/or Site Plan Review applications.
C. The approved Final Master Plan and all applicable conditions of approval shall be
addressed for each Subdivision and/or Site Plan Review application (phasing
implementation) as part of application completeness during the Pre-Submittal Meeting
application process, specified in Section 5.1-120C."
ORDINANCE NO. 6238
SECTION 36: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS, Section 5.13-135 is hereby amended to read as follows:
I "5.13-135 Final Master Plan - Modifications
A proposed Final Master Plan modification, or a proposed modification to a Master Plan approved
prior to the effective date of this regulation, shall be processed under the applicable procedures
described below:
A. The following modifications to a Final Master Plan shall be processed under Type I
procedure. These modifications include a request:
1. By the applicant to modify the Master Plan phasing schedule for a specific phase of
development when the proposed change does not affect the construction of
scheduled public improvements;
2. By the City based on the requirement to implement newly adopted State or Federal
regulations; or
3. By the applicant for a one time extension of the approved time limit for up to 3
years. An extension request shall be filed in writing with the Director at least 60
days prior to the expiration of the initial 7 year period. If the applicant has made
reasonable progress, as determined by the Director, in the implementation of the
Final Master Plan and public services and public facilities will be available to serve
the site, the time line extension will be granted.
4. By the applicant for modifications that are less than the 10 percent thresholds
specified in those specific instances specified in Subsection B., below.
B. The following modifications to the Final Master Plan shall be processed under Type II
procedure, unless the Director determines that the proposed modification should be
reviewed as a Type III procedure, based on the proposed size of the Master Plan site;
and/or the availability/capacity of public facilities; and/or impacts to adjacent properties
including, but not limited to noise and traffic. These modifications include a request:
1. By the applicant if a proposed permitted non-residential use, for example, a church
or a school, affects the approved Final Master Plan residential density;
2. By the applicant for 10 percent or greater increases or decreases in the overall
gross floor area of commercial, industrial or public buildings; the number of dwelling
units; building height; and the location or building mass of the primary structure
(as defined in this Code);
3. By the applicant for increases or decreases in the amount of approved or required
parking by a factor of 10 percent or greater. The applicant shall provide a new
parking analysis related to the proposal;
4. By the applicant for a Zoning Map amendment or Discretionary Use application;
5. By the applicant for proposals that would increase the number of PM peak-hour
vehicular trips by 10 percent or greater, except in cases where a trip cap has been
imposed on development of the property. Where such a trip cap is in effect, a
ORDINANCE NO. 6238
modification of the land use decision that imposed the trip cap shall be required. In
all cases, the applicant shall provide a Traffic Impact Analysis supporting the
proposal;
6. By the applicant to alter the placement of interior streets by 10 percent or greater
from their approved location, as long as the modification maintains the connectivity
established by the approved Final Master Pan.
7. By the City or the applicant when essential public infrastructure cannot be provided;
8. By the applicant to modify the Master Plan phasing schedule for a speCific phase of
development when the proposed change affects the construction of scheduled
public improvements;
9. By the applicant for extension of the Final Master Plan time limit beyond the
maximum approved time limit of 7 years or the extension permitted in Subsection
B.3., above. In no case shall the extension exceed 15 years from the date of Final
Master Plan approyal as specified in Subsection 5.13-133. C. An extension
request shall be filed in writing with the Director at least 60 days prior to the
expiration of the initial 7 year period or any subsequently approved extensions.
The time line extension will be granted provided the applicant has made
reasonable progress in the implementation of the Final Master Plan and publiC
services and facilities remain ayailable;
10. By the applicant for a change to the approved Final Master Plan boundary.
c. Proposed Final Master Plan modifications other than those described in Subsections A.
and 8., above, shall require the submittal of a new Preliminary Master Plan application.
D. The following modifications to the Final Master Plan do not require subsequent land use
review and are allowed upon issuance of a building permit, if required:
1. Building interior improvements;
2. Exterior improvements associated with existing buildings that do not involve a
change in floor area, subject to all applicable base zone development and design
standards and relevant conditions of approval as approved in the Final Master
Plan;
3. Installation of new mechanical or electrical equipment, or modification of existing
equipment, subject to all applicable base zone development and design standards
and releyant conditions of approval as approved in the Final Master Plan;
4. Routine maintenance of existing buildings, facilities and landscaping; and/or
E. A Pre-Submittal Meeting application, as specified in Section 5.1-120.C., is required prior to
the formal submittal of the Final Master Plan modification application.
F. For all Final Master Plan modification applications described in Subsections A and B,
above, the applicant shall demonstrate compliance with the following:
ORDINANCE NO. 6238
1. Any applicable Preliminary Master Plan criteria of approval specified in Section
5.13-125; and
2. Any other applicable standard of this Code that may be required to justify the
proposed modification.
G. The Master Plan procedures in Appendix 3 of this Code regarding Master Plan
Modifications and/or new Master Plans shall apply to properties within the Glenwood
Riverfront Plan District, Section 3.4-200, until these regulations are updated."
SECTION 37: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS, Section 5.13-140 is hereby amended to read as follows:
I "5.13-140 Final Master Plan - Assurance to the Applicant and City Disclaimers
A. Assurances to the applicant:
1. The applicant is entitled to rely on standards and criteria in effect on the date the
Preliminary Master Plan application was submitted, in accordance with ORS
227.178(3) for the 7 year approval time limit, with a single 3 year extension, or as
otherwise previously approved.
EXCEPTION: Any time line extension proposed for more than a combined total of
10 years shall comply with on standards and criteria in effect at the time of the time
line extension application submittal as specified in Subsection 5.13-135.8.9.
2. The applicant shall have the right to proceed with development as long as it is in
substantial compliance with the Final Master Plan and other required approvals and
permits, subject to any modifications as may be approved as specified in Section
5.13-135.
B. City Disclaimers:
1. The City will not be required to approve development of any phase described in the
Final Master Plan if the approval violates applicable Federal or State statues or
administrative rules.
2. The City will not be obligated to provide public improvements affecting
implementation of the Final Master Plan if public funds are not available."
SECTION 38: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS, Section 5.14-110A. is hereby amended to read as follows:
I "5.14-110 Review
A. A Development Issues Meeting is encouraged prior to a formal Metro Plan amendment
application."
SECTION 39: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS, Section 5.15-120H. is hereby amended to read as follows:
ORDINANCE NO. 6238
[ "5.15-120 SDC Standards Applicable to MDS Approval
H. The development shall connect to public utilities as specified in Sections 4.3-105, 4.3-110,
4.3-120,4.3-125 and 4.3-130 and comply with the Springfield Building Safety Codes,
where applicable. Easements may be required as specified in Subsection 4.3-140."
SECTION 40: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS, Section 5.15-125 is hereby amended to read as follows:
I "5.15-125 Timelines and Conditions
The property owner and/or applicant shall comply with the standards specified in Subsection 5.15-
120 within 90 days of the Director's approval as follows:
A. Submittal of a Final Plot Plan within 30 days of the Director's approval that states the
starting date of all required improvements demonstrating compliance with all approval
conditions required to meet the standards specified in Subsection 5.15-120. Submittal of a
Final Plot Plan shall include the following additional material, where applicable:
1. The original recorded Improvement Agreement.
2. Any required ODOT Right-of-Way Approach Permit.
EXCEPTION: If the ODOT Right-of-Way Approach Permit cannot be obtained by
the time line specified in Subsection A., above, the Director may defer the submittal
of this document until the start of construction date specified in Subsection C.,
below.
3. A copy of a recorded joint use access/parking agreement.
4. A copy of a recorded private easement or the original public utility easement.
B. The signing of a Development Agreement by the property owner within 45 days of the
Director's approval of the Final Plot Plan.
C. The construction of the required improvements shall begin within 90 days of the MDS
decision. If this time line cannot be met, the applicant may submit a written request for a
time line extension as specified in Subsection D., below.
D. The Director may allow a one-time extension of the 90-day start of construction time line
specified in Subsection C., aboye due to situations including, but not limited to, required
permits from the City or other agencies, weather conditions, and the unavailability of
asphalt or street trees. If the time extension is allowed, security shall be provided as
specified in Section 5.17-150. The time line extension shall not exceed 90 days.
E. If the time line established in Subsection C"', above is not met and the applicant has not
requested an extension as specified in Subsection D., above, then the Director shall
declare the application null and void if the property is occupied and the property owner
shall be considered in violation of this Code.
F. If the time line established in Subsection C., above is not met and the applicant has
requested an extension as specified in Subsection D., above and that time line as not
ORDINANCE NO. 6238
been met, then the Director may require that the improvements be installed as specified in
Subsection 5.17-150."
SECTION 41: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS, Section 5.16-120B. is hereb amended to read as follows:
"5.16-120 Submittal Requirements
B. The following additional information shall be submitted with the Preliminary Survey:
1. A brief narrative explaining reason for the proposed Property Line Adjustment
and the existing use of the lots/parcels.
2. A copy of the current deeds for the lots/parcels.
3. A draft of the Property Line Adjustment deeds. For serial Property Line
Adjustments that are reviewed under Type II procedure, separate deeds shall be
prepared for each adjustment.
4. For serial Property Line Adjustments reviewed under Type II procedure, the
following shall be submitted:
a. A written explanation of the sequencing of adjustments; and
b. A diagram identifying each adjustment, in sequence, cross referenced to
the Property line Adjustment deeds required in Subsection 4., above."
SECTION 42: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS, Section 5.20-120C. is hereby amended to read as follows:
I "5.20-120 Submittal Requirements
C. The application shall include:
1. A legal description of the public rights-of-way, easement or Plat to be vacated
prepared by an Oregon Licensed Land Surveyor or other professional approved by
the Director;
2. The reason for the Vacation;
3. The proposed use of the property after Vacation;
4. For citizen initiated Vacations of public rights-of-way or Partition and Subdivision
Plats, the petition of affected property owners;
5. A map prepared by an Oregon Licensed Land Surveyor or other professional
approved by the Director of the area proposed to be vacated. The map shall
show:
a. The date, north arrow, and standard scale;
ORDINANCE NO. 6238
b. The Assessor's Map and Tax Lot numbers of the affected properties and
adjacent properties;
c. A Vicinity Map on the Site Plan (Vicinity Map does not need to be to
scale );
d. All adjacent streets including street name, alleys, and accessways, and
right-of-way and paving widths;
e. All dimensions of existing public utility easements and any other areas
restricting use of the parcels, for example: conservation areas, slope
easements, access easements;
f. Existing dimensions and square footage of the lots/parcels involved;
g. Proposed dimensions and square footage of the lots/parcels involved
(applies to Vacations of undeyeloped Subdivision Plats and right-of-way
Vacations);
h. For public easement and right-of-way Vacations, clearly show dimensions
of entire easement or right-of-way on or adjacent to the subject
lots/parcels. Also clearly show dimensions of that portion proposed for
Vacation, including square footage; and
i. For right-of-way Vacations, demonstrate compliance with the boundary
requirements of ORS 271.080 et seq."
SECTION 43: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS, Section 5.20-140 is hereby added:
I "5.20-140 Zoning of Vacated Right-of-Way
Vacated right-of-way is incorporated into the abutting property, typically to the centerline.
However, in cases where only one abutting property dedicated right-of-way, all the vacated
right-of-way would be incorporated into that property. In any case, the vacated right-of-way
acquires the zoning of the abutting property, without the need of a separate Zoning Map
amendment."
SECTION 44: CHAPTER 6 DEFINITIONS Section 6.1-110 is hereby amended as
follows:
"Downtown Exception Area. An area defined by the Willamette River on the west, 8th Street on
the east, the alley between north B and north C Streets on the north, and a line north of the
Southern Pacific Railroad tracks on the south."
"Incidental Equipment. Rooftop or pole mounted structures that cast insubstantial shadows or
have minimal visual impact, including, but not limited to: antennas, chimneys, solar collectors,
small satellite dishes and flagpoles, but excluding large satellite dishes (See also Accessory
Structure)."
ORDINANCE NO. 6238
"Partition Plat. A final map and other writing containing all the descriptions, locations,
specifications, provisions and information concerning a partition."
SECTION 45: APPENDIX 3 TEMPORARY GLENWOOD RIVERFRONT PLAN
DISTRICT MASTER PLAN STANDARDS is hereby added:
"Appendix 3
TEMPORARY GLENWOOD RIVERFRONT PLAN DISTRICT MASTER PLAN STANDARDS
Section 5.13-100 Master Plans
Subsections:
5.13-105
5.13-110
5.13-115
5.13-120
5.13-125
5.13-130
5.13-135
5.13-140
Purpose
Applicability
Review
Submittal Requirements
Criteria
Conditions
Modifications to the Master Plan and Schedule
Assurance to the Applicant
15.13-105
Purpose
A. A Master Plan is a comprehensive plan that allows phased development on a site over
several years for public, commercial, industrial or residential development. A Master
Plan, in this context, is specific to this Code and is not considered to be a refinement
plan or any other similar subset of the Metro Plan. By addressing public service impacts
and development requirements at the time of approval of Master Plan, these impacts
and requirements need not be readdressed at subsequent phases and the developer
may rely on the Master Plan approval in implementing the development.
B. The purpose of a Master Plan is to:
1. Provide preliminary approval for the entire development area in relation to land
uses, a range of minimum to maximum potential intensities and densities,
arrangement of uses, and the location of public facilities and transportation
systems when a development area is proposed to be developed in phases;
2. Assure that individual phases of a development will be coordinated with each
other;
3. Provide the applicant an assurance of the City's requirements for the overall
development as a basis for detailed planning and investment by the developer.
C. The Master Plan shall be approved by the Planning Commission prior to City approyal of
a related Subdivision or Site Plan application; however, the Master Plan may be
ORDINANCE NO. 6238
reviewed concurrently with a Zoning Map amendment, Discretionary Use, Variance
and/or any other application or approval sought by the applicant related to the Master
Plan.
D. Subject to prior approval of a Master Plan, a separate Subdivision or Site Plan
application shall be approved for each phase. The Master Plan shall be the basis for the
evaluation of all phases of development on any issues that it addresses. Phases may be
combined for consideration.
E. Approval of a Master Plan is effective for up to 7 years; however the approved Master
Plan time limit may be extended pursuant to Section 5.13-135, Modifications to the
Master Plan and Schedule.
15.13-110
Applicability
The Master Plan process applies when initiated by an applicant when the following criteria are
met:
A. The development area is under 1 ownership; or
B. If the development area has multiple owners, then all owners of record have consented
in writing to the Master Plan review process; and
c. The deyelopment area is 5 acres or greater;
D. Notwithstanding the foregoing, the Director may determine that the proposed
development is inappropriate as a Master Plan and the application will not be accepted.
15.13-115
Review
A. Master Plans are reviewed under Type III procedure, unless the Director determines that
the application should be reviewed as a Type IV decision by the City Council due to the
complexity of the application.
B. A Pre-Application Report application as specified in Section 5.1-100 is required prior to
submittal of a Master Plan application.
15.13-120
Submittal Requirements
A Master Plan shall contain all of the elements prepared in a clear and legible manner
necessary to demonstrate that the provisions of this Code are being fulfilled and shall include
but not be limited to the following:
A. The existing Metro Plan designation and zone classification.
ORDINANCE NO. 6238
B. A vicinity map drawn to scale on a street base map.
c. A legal description of the property together with a map drawn to scale depicting the legal
boundaries of the subject property.
D. A topography map and narrative depicting present uses of the land, existing structures,
streets, significant vegetation, wetlands, drainage ways and other relevant natural and
man-made features.
E. A site plan showing location and type of all land uses proposed, approximate acreage
and approximate number of units or square footage of uses, adjacent property uses and
relevant features.
F. The density or intensity of proposed uses.
G. The maximum height and size of proposed structures.
H. A public facilities plan showing existing and proposed streets, utilities, sanitary sewer,
natural and piped storm drainage system, water service, bike and pedestrian ways and
transit locations.
I. Maps and narrative showing off-site public improvements necessary to serve the
proposed development and/or to mitigate impacts to adjacent property or public facilities.
J. The Director may require additional information necessary to evaluate the proposed
deyelopment, including, but not limited to: an ESEE analysis, geology, soils, stormwater,
sanitary, tree preservation, historical, archaeological, and traffic impact. All related maps,
excluding vicinity and detail maps, shall be at the same scale.
K. ProYisions, if any, for reservation, dedication, or use of land for public purposes,
including, but not limited to: rights-of-way, easements, parks, open spaces, and school
sites.
L. An overall schedule or description of phasing; and the development to occur in each
phase. If phasing alternatives are contemplated, these alternatives shall be described.
M. Where off-site or other infrastructure improvements are required, the applicant shall
specify the timing and method of securing the improvement, including bond, letter of
credit, joint deposit or other security satisfactory for said improvement construction.
N. Designation of responsibility for providing infrastructure and services.
o. A general schedule of annexation consistent with the phasing plan, if applicable.
I 5.13-125
Criteria
ORDINANCE NO. 6238
A Master Plan may be approyed if the Planning Commission finds that the proposal conforms
with all of the following approval criteria. In the event of a conflict with approval criteria in this
Subsection, the more specific requirements apply:
A. The zoning of the property shall be consistent with the Metro Plan diagram and/or
applicable Refinement Plan diagram, Plan District map, and Conceptual Development
Plan;
B. The request, as conditioned, shall conform to applicable Springfield Development Code
requirements, Metro Plan policies, Refinement Plan, Plan District, and Conceptual
Development Plan policies;
C. Proposed on-site and off-site improvements, both public and private, are sufficient to
accommodate the proposed phased development and any capacity requirements of
public facilities plans; and provisions are made to assure construction of off-site
improvements in conjunction with a schedule of the phasing;
D. The request shall provide adequate guidance for the design and coordination of future
phases;
E. Physical features, including, but not limited to: steep slopes with unstable soil or geologic
conditions; areas with susceptibility of flooding; significant clusters of trees and shrubs;
watercourses shown on the WQLW Map and their associated riparian areas; other
riparian areas and wetlands specified in Section 4.3-117; rock outcroppings; open
spaces; and areas of historic and/or archaeological significance, as may be specified in
Section 3.3-900 or ORS 97.740-760,358.905-955 and 390.235-240, shall be protected
as specified in this Code or in State or Federal law;
F. Local public facilities plans and local street plans shall not be adversely impacted by the
proposed development.
15.13-130
Conditions
The Approval Authority may attach reasonably necessary conditions to minimize negative
impacts as specified in this Code to ensure that the proposed development can fully meet the
criteria of Section 5.13-125, and may require guarantees to ensure compliance. Additionally, the
approval may contain any conditions necessary to implement the provisions of Section 5.13-120
including a schedule of fees and charges, a schedule of compliance review and the extent to
which the Master Plan is assignable.
15.13-135
Modifications to the Master Plan and Schedule
Applications for phase modification approval which are in substantial conformity with an
approved Master Plan shall not be deemed a modification of the plan. Modifications to the
Master Plan shall be processed under the applicable procedures described below to amend the
Plan:
ORDINANCE NO. 6238
A. Modifications that do not affect the basic underlying assumptions of the adopted Master
Plan and which are not determined to be similar to Subsection B. or C., below shall be
processed as a ministerial decision by the Director.
B. Modifications that are significant, but do not affect the basic underlying assumptions of
the approved Master Plan, shall be processed under Type II procedure. These
modifications include a request:
1. By the applicant for a change of density allocation with in the density range
allowed in the applicable zoning district;
2. By the applicant for a change to the alignment of right-of-way requirements of
local streets;
3. By the applicant or City for a change to the sizes or location of public facilities;
4. By the applicant for a change of scheduled phasing beyond the approved time
limit for the phased development when the proposed change affects the
construction of scheduled public improvements; :
5. By the City based on the requirement to implement newly adopted State or
Federal regulations; .';-,,~'
6. By the applicant for a 1-time extension of the approved time limit for up to 3
years. The time line extension will be granted provided the applicant has made
reasonable progress in the implementation of the Master Plan and public
services and facilities remain available; ,
7. By the applicant to alter significant natural resources, wetlands, open space
areas, archaeologic and historic features beyond the scope of the approved
Master Plan; or
8. By the applicant for other modifications to the approved Master Plan that the
Director determines to be similar to the modifications specified in this Subsection.
c. Modifications which affect the underlying basic assumptions of the approved Master
Plan or that prohibit, restrict or significantly affect its impl~mentation shall be processed
under the Type III procedure, and include:
1. A Zoning Map amendment or Discretionary Use application initiated by the
applicant;
2. A request for the re-alignment or re-designation of arterial or collector streets
initiated by the applicant;
3. The inability of the City or the applicant to provide essential public infrastructure;
ORDINANCE NO. 6238
4.
A request by the City based on the requirement to implement newly adopted
State or Federal regulations;
5.
A request by the applicant for extension of the time limit of the Master Plan
beyond the approved time limit specified in Subsection 8.6., above or the
extension permitted in Section 5.13-135, but in no case shall the extension
exceed 15 years from the original Master Plan approval date; or
6.
Other changes to the final approved Master Plan as requested by the applicant
that the Director determines to be similar to the modifications specified in this
Subsection.
Assurance to the Applicant
I 5.13-140
A. Approval of the Master Plan shall assure the applicant the right to proceed with the
development in substantial conformity with the Master Plan, subject to any modifications
as may be approved as specified in Section 5.13-135. Changes to Ordinances, policies
and standards adopted after the date of approval of the Master Plan shall not apply to
the development.
B. Phase approvals shall occur through the land division review process, as specified in
Section 5.12-100, or the Site Plan review process, as specified in Section 5.17-100, as
applicable.
c. The Master Plan shall be the basis for the evaluation of all phases of development on
any issues which it addresses. Approyal of development phases will be granted subject
to the terms and conditions of the Master Plan, but subject to the applicable
Development Code proYisions and City Ordinances on issues which the Master Plan
does not address.
D. Notwithstanding the preceding provision, the City shall not be obligated to proYide public
improvements affecting implementation of the Master Plan if public funds are not
available.
E. The City shall not be required to approve development of any phase described in the
Master Plan if the approval violates applicable Federal or State statues or administrative
rules.
F. The approved Master Plan shall be recorded at Lane County Deeds and Records and
the original returned to the City."
ORDINANCE NO. 6238
.
.
.
SECTION 46: 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 of 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 hereof.
SECTION 47: The Springfield Common Council has reviewed the findings and
conclusions set forth in the staff report (Case Number 2008-00011), and adopts them in support
of this Ordinance as Exhibit 1 attached hereto.
ADOPTED by the Common Council of the City of Springfield by a vote of ~ for and
_ against, this 2nd day of March , 200~.
APPROVED by the Mayor of the City of Springfield, this 2nd day of March
200~.
ATTEST:
City
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ORDINANCE NO. 6238
EXHIBIT 1
SDC AMENDMENT
STAFF REPORT
APPLICANT
City of Springfield - Case Number LRP 2008-0011
REQUEST
Springfield Development Code (SDC) Amendments - Section 5.13-100 Master Plans; Section
3.3-200 Drinking Water Protection (DWP) Overlay District; and various sections to correct
Scrivener's errors created with the adoption of the reformatted SDC.
BACKGROUND
1. Proposed Master Plan amendments. The proposed amendment of Section 5.13-100 Master
Plans arises from issues occurring during and after the review of the Marcola Meadows,
RiverBend and MountainGate Master Plan applications. The proposed amendment
addresses the following issues:
a. Incomplete applications - by requiring the same Pre-Submittal Meeting review process
that currently applies to Site Plan, Subdivision and Partition applications to also apply to
Preliminary and Final Master Plan applications (see Sections 5.13-115 and 5.13-132).
b. The lack of a formal Final Master Plan review process - by establishing a specific
Preliminary Master Plan application review process (see Sections 5.13-115 through
5.13-130) and a specific final Master Plan application review process (see Sections
5.13-131 through 5.13-134).
c. The broad purpose statement - by stating that the Master Plan specifically applies to
phasing of development over several years (see Section 5.13-105).
d. The appropriate level of review - by limiting the Master Plan process purpose to phasing,
the level of Preliminary Master Plan review can be reduced from an initial Type III/IV
procedure to an initial Type II/III procedure. The final Master Plan application is
specified as a Type 1/11 procedure (see Sections 5.13-115 and 5.13-131).
e. Broad Preliminary Master Plan submittal requirements and approval criteria - by
establishing clearer Preliminary Master Plan submittal requirements and approval criteria
sections (see Sections 5.13-120 and 5.13-125).
f. Vaque requlation - by deleting the reference to "basic underlying assumptions" that had
to be addressed during the Master Plan modification process (see Sections 5.13-120
and 5.13-135).
g. Perceived lack of public involvement - by requiring the applicant to hold a Neighborhood
Meeting prior to Preliminary Master Plan submittal (see Section 5.13-117).
2. Proposed Drinking Water Protection Overlay District amendments. The amendment to the
Drinking Water Overlay District is primarily necessitated by the recently adopted Springfield
Fire Code which supersedes the current Uniform Fire Code. This requires amending the
appropriate Fire Code references specified in this Section. In addition to the specific Fire
Code references, there are several instances where text is added from the current Uniform
Fire Code because the Springfield Fire Code does not have any requirements equivalent to
the inspection and record-keeping requirements (see Sections 3.3-235A.7., 8.7., and C.5.).
This is necessary in order to preserve the existing inspection and record-keeping
requirement for drinking water protection. The inserted text does not represent a policy
change since these requirements in the Uniform Fire Code have been and continue to be
the standard used for drinking water protection. Also, the phrase "hazardous materials that
pose a risk to groundwater" is changed to "hazardous or other materials that pose a risk to
groundwater." (See Sections 3.3-205 through 3.3-225 and 3.3-235) because while the SDC
defines hazardous materials according to Fire Code definitions, some materials that pose a
risk to groundwater (e.g., certain pharmaceuticals, fertilizers) may not currently be regulated
by this Section. This amendment is considered to be a clarification of current practice.
3. Proposed Scrivener's Errors amendments. The reformatted Springfield Development Code
(SDC) was adopted by the Springfield City Council on September 17, 2007. The
reformatting process was a substantial undertaking that resulted in the reorganization of
hundreds of Code regulations in what were formerly 45 "Articles" into 6 Chapters. The
volume of the reorganization task resulted in some unintentional omissions; some
inaccurate references due to renumbering; and some errors in punctuation known as
Scrivener's errors. Thus, on December 3, 2007 the City Council adopted the first round of
what are called Scrivener's errors. The proposed SDC amendments in this staff report are
the second, and hopefully the last round of Scrivener's errors. The proposed amendments
do not include policy or policy implementation changes.
SPRINGFIELD DEVELOPMENT CODE CRITERIA FOR SDC AMENDMENTS
SDC 5.6-115 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: A. The Metro Plan; B. Applicable State statutes; and C. Applicable State-
wide Planning Goals and Administrative Rules. "
A. The Metro Plan; "
liThe 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 serves as the basis for the coordinated development of
programs concerning the use and conservation of physical resources, furtherance of
assets, and development or redevelopment of the metropolitan area." P. 1-1
Staff Response and Findino:
The proposed Master Plan amendments involve proposed process changes discussed in
general in B.1., aboye and specifically in the proposed text in Attachment 4. The term "Master
Plan" is mentioned in the Metro Plan, but not in the context of Springfield's utilization of the
word. In the Metro Plan there is a reference to the Eugene Airport Master Plan and Local
Facility Master Plans. Springfield's use of the term "Master Plan" regards approval of phased
development for at least 7 years. The proposed amendment to the Master Plan regulations
concerns an existing process. When this process as added to the SDC in 1994, that application
addressed all applicable Metro Plan policies. Therefore, there are no applicable Metro Plan
policies that apply to this proposed amendment.
The proposed Drinking Water Protection Overlay District amendments involve changes in the
Fire Code. There are no policy implementation issues regarding this amendment. While there
are goals, findings and policies in the Metro Plan's Environmental Resources Element, the
proposed Drinking Water Protection Overlay District amendments amend existing regulations
and regard Fire Code references/text only. When this process as added to the SDC in 2000,
that application addressed all applicable Metro Plan policies. Therefore, there are no applicable
Metro Plan policies that apply to this proposed amendment.
The proposed Scribner's errors amendments correct; they do not seek to add, delete or amend
the intent, purpose or meaning of any of these provisions, regulations or standards. Nothing
about the original instruction from Council during the SDC Reformat Project allowed any change
to policy implementation; nothing about the reformatting end product contained any change to
policy implementation; nothing about any of these proposed corrections changes any policies or
the implementation of policies held forth in this Code. The Springfield Development Code
implements Metro Plan policies. The proposed amendments do not rise to the Metro Plan
policy level. The proposed amendments, as with the reformatted Code, continue to implement
the Eugene-Springfield Metropolitan Area General Plan as demonstrated in the findings of
Journal LRP 2007-00020 adopted on September 17,2007. Therefore, there are no applicable
Metro Plan policies that apply to this proposed amendment.
liB.) Applicable State statutes,"
Staff Response and FindinQ:
As stated under criterion A., above, the proposed Master Plan amendments revise existing
procedure and the proposed Drinking Water Protection Overlay District amendments are
necessary due to changes in Fire Code regulations. The Scrivener's error amendments are
undertaken exclusively to correct omissions, reference citations and punctuation that resulted in
the reformatting of the Springfield Development Code. Nothing contained in any of these
proposed amendments is of sufficient magnitude, impact or effect to rise to the level of
assessment intended by the application of state statutes. Except as specified below in
response to ORS 197.610, there are no other applicable ORS that apply.
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 local 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
person may appeal the decision to the board under ORS 197.830 to 197.845...."
Staff Response and FindinQ:
Although these amendments have no direct impact or consequential degree of impact on the
Goals, staff FedExed the 45 day notice to Department of Land Conservation and Deyelopment
(DLCD) prior to the first evidentiary hearing as required on August 22, 2008. The first
scheduled hearing will be held by the Planning Commission on October 7,2008. The
Department will receive notice of Council adoption as specified in (2)(a) above.
"c. Applicable State-wide Planning Goals and Administrative Rules. II
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)
GOAL 18: BEACHES AND DUNES OAR 660-015-000(18)
GOAL 19: OCEAN RESOURCES OAR 660-015-000(19)
Staff Response and Findina:
Goal 1 Citizen Involvement: The public hearings to consider these amendments were noticed in
the Eugene Register Guard on Monday, September 29, 2008. A public hearing on these
amendments was conducted by the Planning Commission on Tuesday, October 7,2008; a
public hearing on these amendments will be conducted by the City Council on Monday,
November 17, 2008. Specifically, In addition, there was a Planning Commission work session
held on September 16, 2008 and a City Council work session will be held on November 3, 2008.
The proposed Master Plan amendment, specifically, SDC Section 5.13-117 adds language that
requires an applicant to schedule and hold a public meeting to explain the proposed
development to neighboring property owners prior to the public hearing process. This allows the
public to be involved in a maior deyelopment while still in its early stages and complies
with/utilizes State-wide Planning Goal 1, Citizen Involvement.
Goal 2 Land Use Planning: Although these amendments are exclusively corrections to an
existing land use document, that document was adopted in compliance with the Goals;
implements an acknowledged comprehensive plan in compliance with the Goals; and therefore
furthers the state's interest in the proper and appropriate observation of land use planning goals
and guidelines.
Goals 3-15. Except for portions of the Master Plan process and the changes to the Fire Code
references in the Drinking Water Protection Overlay District, these amendments do not change
any of the provisions, standards or regulations in the recently reformatted Code. Howeyer,
nothing about these amendments rises to the level of assessment of impact or relation to the
Goals contemplated by the legislature or the Commission when post acknowledgment
provisions were adopted.
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.
There are no State-wide Planning Goals or Administrative Rules which apply to this amendment
or which this amendment seeks to implement other than compliance with Goal 1, Citizen
Involvement, pertaining to public notice for these proposed amendments and the Master Plan
neighborhood meeting process. Notice of Planning Commission and City Council work sessions
and public hearings were printed in the Eugene Register Guard and placed on the City's web
site on September 29, 2008.
CONCLUSIONjRECOMMENDA TIONjREQUESTED ACTION
Staff has demonstrated consistency with criteria of approval listed in SDC Chapter 5, Section
5.6-115; with Metro Plan policies; with State statutes; and with State-wide Planning Goals and
Administrative Rules where such law applies to these amendments. Staff recommends the
Planning Commission: approve the attached Order and forward the proposed amendment of
Chapters 3, 4, 5 and 6 of the SDC to the City Council with a recommendation for adoption.
EXHIBIT 2
LEGISLATIVE FORMAT
MASTER PLAN PROCESS
DRINKING WATER PROTECTION OVERLAY DISTRICT
SCRIVENER'S ERRORS
SECTION 5.13-100 MASTER PLANS
Commentary. Current Section 5.13-100 is deleted in its entirety to make room for the
proposed amendments. However, the term "Master Plan" is currently mentioned In SDC
Sections 3.4-215 through 3.4-225 (the Glenwood Riverfront Plan District). This current version
will be placed in SDC Appendix until such time as the Glenwood Refinement Plan and the
Glenwood Riverfront Plan District are updated. Text proposed to be deleted is shown as: [stf:ik:e
through]. Language proposed to be added is shown as: lanquaqe added.
[Section 5.13 100 Master Plans
I 5.13 1 Q5 Purpose
A. A M3ster Plan is a comprohonsive plan that allows ph3sing of 3 specific dovolopmont are3
over se'ler31 ye3rs for public, commorci3l, industrial or residonti::ll developmont. 1\ Master
Plan, in this contoxt, is specific to this Code 3nd is not considered to bo 3 refinemont pl3n
or 3ny other similar subset of the Metro P13n. By 3ddressing public sorvice imp3cts 3nd
dovolopmont roquiroments 3t the time of 3ppro'l31 of M3stor P13n, those imp3cts 3nd
requirements neod not bo ro3ddrossod 3t subsequent ph3sos and tho dovoloper may roly
on the Master Plan 3pprov-31 in implomonting the devolopmont.
B. Tho purposo of 3 Master PI3n is to:
1. Provide preliminary appro'.'31 for the ontire deyolopment aro3 in relation to 13nd
usos, 3 F3nge of minimum to maximum potonti31 intensitios 3nd donsitios,
3rFangement of uses, 3nd tho location of public f3cilitios 3nd tr3nsportation systoms
whon 3 deyelopmont 3r03 is proposod to bo deyolopod in ph3sos;
2. Assuro th3t individu31 ph3S0S of a devolopment will bo coordin3tod '.vith o3ch other;
3. Provide the 3pplicant 3n 3ssur3nco of the City's oxpect3tion for tho ovorall
dovolopment 3S 3 b3sis for det3ilod pl3nning 3nd invostmont by tho developor.
c. Tho Planning Commission sh311 3pprove tho M3ster Pl3n prior to City 3pproval of 3 rolated
Subdivision or Site Pl3n 3pplication; however, tho M3stor Plan m3Y be reviowed
concurrontly with 3 Zoning M3p 3mondmont, Discrotionary Uso, V3ri3nco and/or any othor
application or 3pprovol sought by tho 3pplic3nt rolatod to the Master P13n.
D. Subject to prior 3ppro'l31 of a M3stor P13n, 3 separ3te Subdivision or Sito Plan 3pplication
sh311 bo 3ppro'.'od for o3ch ph3se. Tho Master Plan sh311 be tho b3sis for tho o'/alu3tion of
all ph3sos of dovolopment on 3ny issuos th3t it 3ddrossos. Ph3ses m3Y be combinod for
consideration.
't . are
f 1I0wing CrI erla
I 5.13 110 AppliG3bility . .. led by an applicont when the 0 ..
ros whon Inltla
I wocoss app I
The Master P an
me!; o"'nee;hip; or ted in
· is under OAe .. rd have conson
The development are h A all owne,. of r<loa
Itiple owners, t e
t area has mu . and
f tho dovolopmon n reviev: process,
~\Titing to tho M'~~~'fs 5 'Gros or greater. . t tho pr<lposod de""'opmont
II de'<olopmoA d teATllnO tha d
T e.. the Director may ne., "ill not be ."""pto .
tl:l feregolng, ~~"C3tlon ..I
Notwithstan?ing s ~ Master Plan and the a
is inappropriate a
E.
E.
d Master Plan
~roqe .
~ te 7 years; howev~; ~~e~~ to tho Mastor Plan
. ffective for u . 3 135 Moc1: 'e . .
4 tor Plan IS e Section 5.1 ,
^ ppro'.'al of a I\. as ded purEuant to
. . r 't may be exten
ij~e Iml
and Schodule.
A.
B.
c.
D.
.^..
B.
A
B.
c.
D.
F. The density or intonsity of proposed uses.
G. The m::lximum hoight ::lnd size of proposed structuros.
H. .^. public f:::tcilities plan showing oxisting ::lnd proposod stroots, utilitios, s::lnitary SO'Nor,
n3tural and piped storm dr3in3ge system, water sorvice, bike 3nd pedestri3n W::lYs 3nd
tr3nsit locations.
I. M3pS 3nd narrative showing off sito public improvomonts nocoss::lry to sorvo tho proposed
deyelopment and/or to mitig3to imp3cts to 3dj3cont proporty or public facilities.
J. The Director may requiro ::lddition::ll information nocessary to eV31u3te tho proposod
do'.'olopment, including, but not limited to: an ESEE 3nalysis, goology, soils, stormwater,
sanitary, tree preservation, historical, archaeological, and tr3ffic imp3ct. /\11 rolated maps,
excluding '.'icinity and detail maps, shall be at the same scale.
K. Provisions, if 3ny, for rosorvation, dodication, or uso of bnd for public purposoc:, including,
but not limitod to: rights of '....ay, o3somonts, p3rks, open spaces, 3nd school sitos.
L /\n overall schedule or description of phasing; 3nd tho dovolopment to occur in o3ch
ph3so. If ph3sing ::lltornativos ::lro contompbtod, these 31tern3tivos sh::lll be described.
M. Where off sito or othor infr::lstructuro improvements 3m roquirod, the applicant shall specify
the timing 3nd method of socuring tho impro'.'ement, including bond, letter of credit, joint
deposit or other security s3tisf3ctory for s3id improvement construction.
N. Design3tion of rosponsibility for pro'.'iding infrastructuro ::lnd servicos.
o. ^ general schedulo of 3nnox::ltion consistent with tho phasing pl3n, if ::lpplicable.
I 5.13 125 Criteria
/\. M::lster Plan m3Y bo approved if the PI3nning Commission finds th3t tho propos31 conforms v.lith
311 of tho following approv31 critori:::t. In the evont of 3 conWct with approval criteria in this
Subsection, tho more specific roquiroments apply.
ft.. The zoning of tho property sh311 bo consistent with the Motro Pkm di:::tgr::lm and/or
applicable Refinemont Plan di3gr3m, Plan District map, 3nd Conceptu::l1 Dovolopmont
PIaRi
8. Tho roquest, 3S conditioned, sh::lll conform to 3ppliC3ble Springfield Dovolopmont Codo
requirements, Motro PI3n policios, Refinomont P13n, Plan District, ::lnd Concoptu31
Dovolopment PI3n policies.
C. Proposed on sito 3nd off sito impro'.<emonts, both public 3nd priv3to, ::lre sufficient to
accommodate tho proposed ph3sod developmont 3nd ::lny c3pacity roquiremonts of public
f:::tcilities pbns; 3nd provisions ::lre mado to assuro construction of off sito impro'loments in
conjunction with a schodule of the ph3sing.
D. The requost shall provido adequ::lto guid3nco for tho design ::lnd coordination of future
ph::lsos;
E. PhysiC31 fe3tures, including but not limited to steep slopes with unstablo soil or geologic
conditions, 3re3S 'Nith susceptibility to flooding, signifiC3nt c1ustors of treos 3nd c:hrubs,
w3torcoursos shown on the WOL'.^.' Map 3nd thoir 3ssoci3tod rip3ri3n 3re3S, wotl3nds,
rock outcroppings 3nd opon Sp::lCOS 3nd 3re3S of historic 3nd/or 3rch3eologic31
signific3nce 3S m3Y be specified in Section 3.3 900 or ORS 97.740760,358.905955 and
390.235 240 sh311 bo protocted 3S specified in this Code or in St3te or Feder31l3w; 3nd
F. Local public bcilitios pl3ns 3nd 10C31 street pl3ns c:h311 not be 3dvorsoly impacted by the
proposod dovolopmont.
I 5.13 130 Conditions
Tho .^.pprov3I Authority m3Y 3tt3ch re3son3bly nocoss3ry conditions to minimize neg3ti'.'o imp3cts
3S specified in this Code to ensure th3t the proposed development C3n fully moot the criteri3 of
Soction 5.13 125, 3nd m3Y roquire gU3r3ntoos to ensure compliance. Addition3l1y, tho 3ppro'.'al
m3Y cont3in 3ny conditions necess31)' to implomont tho provisions of Soction 5.13 120 including 3
schodulo of foos 3nd ch3rgos, 3 schodulo of compli3nce reviow 3nd the extont to 't.'hioh tho
M3stor PI3n is 3ssign3blo.
I 5.13 135 Modifications to the Master Plan and Schedule
l\ppliC3tions for ph3so modific3tion 3pproval which 3re in subst3nti31 conformity with ::m 3pprovod
Master PI3n sh311 not be doemod 3 modifiC3tion of tho pl3n. ModifiC3tions to tho M3stor Pl3n
sh311 be processod undor tho 3pplic3blo procedures doscribod below to 3mond the Pl3n:
A. Modifications th3t do not 3ffoct tho b3sic underlying 3ssumptions of tho 3dopted M3stor
Pl3n 3nd which 3re not dotorminod to be simil3r to Subsection B. or C., below sh311 be
procossod 3S 3 ministeri31 decision by tho Diroctor.
8. ModifiC3tions th3t 3re signifiC3nt, but do not 3ffect the b3Sic underlying 3ssumptions of tho
3pprovod Master Pkm, sh311 bo processed undor Type II procedure. Those modific3tions
include a request:
1. By the 3pplic3nt for 3 ch3nge of donsity 3110c3tion with in tho density r3nge 3110wod
in tho 3pplic3blo zoning district;
2. By tho 3pplic3nt for 3 ch3ngo to the 31ignmont of right of woy requiroments of 10C31
streets;
3. By tho 3ppliC3nt or City for 3 ch3ngo to the sizos or 10C3tion of public bcilitios;
4. By the 3ppliC3nt for 3 ch3ngo of schedwlod ph3sing beyond the 3pproved time limit
for tho ph3sed dovolopment whon the proposed ch3nge 3ffocts the oonstruction of
schodulod public improvoments;
5. By tho City based on tho requiremont to implement newly 3doptod St3te or Foder31
regul3tions;
6. By tho 3pplic3nt for a one time extonsion of the 3pproved time limit for up to throo
Y03rs. The timo line extonsion will bo gr3ntod provided tho 3pplic3nt h3s m3do
. - .
: .. . .:... I : . .1 . J.
t$ .. 1 . t
D. Not'l.'ithst3nding the preceding provision, the City shall not be obligated to provide public
improvements 3ffocting implement3tion of the M3ster Pl3n if public funds 3re not
3v3il3ble.
E. The City sh311 not be required to approve development of 3ny ph3se described in the
M3ster Plan if the approv-31 violates applicable Federal or State statues or 3dministr3tive
fI:He&..
F. The 3pprovod M3ster PI3n sh311 bo recorded 3t L3ne County Deeds and Records and
the origin31 returned to the City.]
Subsections:
5.13-105
5.13-110
5.13-115
5.13-116
5.13-117
5.13-120
5.13-125
5.13-130
5.13-131
5.13-132
5.13-133
5.13-134
5.13-135
5.13-140
Section 5.13-100 Master Plans
Purpose
Applicability
Preliminary Master Plan - Review
Preliminary Master Plan - Application Concurrency
Preliminary Master Plan - NeiQhborhood MeetinQ
Preliminary Master Plan - Submittal ReQuirements
Preliminary Master Plan - Criteria
Preliminary Master Plan - Conditions
Final Master Plan - Review
Final Master Plan - Submittal ReQuirements
Final Master Plan - Criteria. Recordation and Effective Date
Final Master Plan - PhasinQ Implementation
Final Master Plan - Modifications
Final Master Plan - Assurance to the Applicant and City Disclaimers
I 5.13-105 Purpose
Commentary. The "definition" of a Master Plan is clearer - the specific purpose is to aI/ow
phasing of development over time.
A. A Master Plan allows phasinq the development of a specific property over several years.
Commentary. The current purpose statements are revised to give them more substance.
B. The purpose of a Master Plan is to:
1. Facilitate the review of multi-phased developments that are desired to be
developed for more than 3 years and ensure that individual phases will be
coordinated with each other over the duration of the Final Master Plan;
2. Ensure that a full ranqe of public facilities and services are available or will be
provided for the proposed phased development and to plan the extension of
necessary public infrastructure in a timely and efficient manner;
3. Determine specific land uses, a ranqe of minimum to maximum square footaqe of
non-residential uses and a ranqe of minimum to maximum densities of residential
uses, the arranqement of uses, and the location of public facilities and
transportation systems;
4. Identify. durinq the public review process, potential impacts. includinq but not
limited to noise. shadinq. qlare. utility capacity and traffic and consider
alternatives for mitiqatinq these impacts to affected properties and/or public
facilities;
5. Provide the property owner an opportunity for the concurrent review of
discretionary land use decisions: and
6. Provide the property owner with the assurance needed over the lonq term to plan
for and execute the proposed development.
I 5.13-110 Applicability
Commentary. The current SDC Master Plan review process implies there is a two-step
process, but is not specific. The proposed review process is formalized into two distinct steps -
the Preliminary Master Plan and the Final Master Plan.
A. Approval of a Master Plan is a two-step process that includes Preliminary Master Plan
Approval and Final Master Plan Approval. This process applies when the followinq
criteria are met:
1. The property is under sinqle ownership; or if the property has multiple owners. all
owners of record consent in writinq to the Master Plan review process; and
Commentary. There is no change to the current 5 acre minimum, except that there may be
situations where a person owns less than 5 acres and desires more time to develop than is
currently aI/owed by the Site Plan Review process, which is 2 years, with up to a one year
extension. There is no change to the current maximum allowable time line of 7 years, unless an
extension is requested and granted as discussed in Section 5. 13-135.
2 The property is 5 acres or qreater and the applicant desires development to be
phased over a period not to exceed 7 years, unless modified as specified in
Section 5.13.135.
EXCEPTION: The Director may allow an exception to the 5 acre minimum, if the
applicant requests phasinq for more than 3 years.
Commentary. Original/y, the Master Plan process was adopted in the 1980's to apply to
MountainGate, a residential development. Most recent Master Plan applications have involved
either commercial or commercial/residentia/ mixed use. Subsection B. lists proposed
development options that may occur in a number of zones or mix of zones.
B. A Master Plan may include public, commercial. industrial or residential development. or
any combination thereof.
I 5.13-115 Preliminary Master Plan - Review
Commentary. There is a change proposed for the level of review for a Preliminary Master
Plan. Currently, a Type 11/ procedure (Planning Commission review) is required for all Master
Plan applications. A Type /I procedure is proposed because the intent of the Master Plan
process is similar to a Site plan application, which is a Type /I review. The difference between
the two applications is that Site Plan approval is good for 2 years and the Master Plan appro va/
is good for 7 years and the Site Plan Review application requires more specific information.
A. The Preliminary Master Plan shall be reviewed under Type II procedure.
EXCEPTIONS: The Preliminary Master Plan shall be reviewed under Type III procedure
if:
1. The Director determines durinq the Pre-Application Report process that a Type II
procedure is not acceptable based on the proposed size of the Master Plan site;
and/or the availabilitylcapacity of public facilities; and/or impacts to adiacent
properties includino but not limited to noise and traffic; and/or
2. The applicant chooses to submit concurrent Type III procedure applications as may
be permitted in SDC 5.13-116.8.
B. Prior to the submittal of a Preliminary Master Plan application:
Commentary. The "Pre-Application Report" process is currently used to allow the applicant to
ask staff an unlimited number of questions regarding the proposed development. No change is
proposed regarding the use of this process.
1. A Pre-Application Report application, as specified in Section 5.1-120.8., is required
prior to the formal submittal of the Preliminary Master Plan application,
Commentary. A Master Plan is a multifaceted application. Requiring the Pre-Submittal Meeting
application will allow staff to evaluate the Preliminary Master Plan application for completeness,
prior to formal submittal by the applicant and the start of the State-mandated 120-day review
time line.
2. A Pre-Submittal Meetinq application, as specified in Section 5.1-120.C., is required
prior to the formal submittal of the Preliminary Master Plan application.
I 5.13-116 Preliminary Master Plan - Application Concurrency
Commentary. Currently, there is no prohibition on concurrent Metro Plan diagram and/or text
amendment applications, but past City practice has been that any required Metro Plan diagram
and/or text amendment application was approved prior to the submittal of the Preliminary Master
Plan application. The text in Subsection A., below continues this past practice.
A. If the applicant requires or proposes to chanqe the Metro Plan diaqram and/or text, the
applicant shall apply for and obtain approval of a Metro Plan diaqram and/or text
amendment prior to the submittal of the Preliminary Master Plan application. The Metro
Plan diaqram and/or text amendment may also require amendment of an applicable
refinement plan diaoram or Plan District Map.
B. The Preliminary Master Plan may be reviewed concurrently with other Type III applications
includinq a Zoninq Map amendment. Discretionary Use. Maior Variance. or a Willamette
Greenway development application.
Commentary. Currently, SDC Section 5. 13-1 05C. states: 'The Planning Commission shall
approve the Master Plan prior to City approval of a related Subdivision or Site Plan
application. . .." This language now specifically refers to the "Final" Master Plan. There is no
change to the intent of this requirement.
C. Subdivision and/or Site Plan applications that initiate the various phases of proposed
development shall not be submitted concurrently with the Preliminary Master Plan. These
applications shall not be submitted until Final Master Plan approval is effective, as
specified in Section 5.13-133.
I 5.13-117 Preliminary Master Plan - NeiQhborhood MeetinQ
Commentary. During the Marcola Meadows Metro Plan diagram and Zoning Map amendment
process, the applicant voluntarily provided notice and held a neighborhood meeting to explain
the proposed development. This undertaking helped educate neighbors to the intent of the
proposal prior to the public hearing process. This is now a requirement for Master Plan
applications because it allows the public to be involved in a maior development while stiff in its
early stages and complies with/utilizes State-wide planning Goal 1, Citizen Involvement.
To provide the opportunity for early citizen involvement in the Master Plan review process, the
applicant shall provide notice and invite citizen participation by initiatinQ a Neiqhborhood MeetinQ.
The meetinQ shall be scheduled after receipt of staff's response to the Pre-Application Report
application required in Subsection 5.13-1178.1.. and prior to the formal submittal of a Preliminary
Master Plan application. The meetinQ is not intended to produce complete consensus on all
applications. It is intended to encouraQe applicants to be Qood neiqhbors. The applicant shall be
responsible for schedulinq and orQanizinQ the meetinq, arranqinQ the meetinQ place. notice and all
related costs. City staff will attend the neiQhborhood meetinQ in an advisory capacity to answer
Questions. The notice shall provide a brief description of the proposal and shall be mailed to those
property owners and residents within 300 feet of the proposed development. The meetinQ may be
held in any public or private buildinQ capable of accommodatinQ the proceedinq. The buildinQ
selected should be in the vicinity of the proposed development. The applicant shall submit a
summary of the Questions raised and responses made at this meetina with the Preliminary Master
Plan application as required in Subsection 5.13-120N.
I 5.13-120 Preliminary Master Plan - Submittal Requirements
Commentary. The submittal requirements Section is updated to incorporate certain aspects of
the Site Plan Review application in order to provide more specificity to the applicant. The basis
for the detail required in these submittal requirements is found is Section 5. 13-140A. 1., which
states: "The applicant is entitled to rely on land use regulations in effect on the date the Master
Plan application was submitted, in accordance with ORS 227. 178(3) for the 7 year approval time
limit, with a single 3 year extension, or as othelWise previously approved. " Staff needs to
determine that the application of the current standards will allow for approval of the Preliminary
Master Plan application. In addition, the terms: "Certified Planner" and "Civil Engineer" have been
added to the design team.
The Preliminary and Final Master Plan applications shall be prepared by a professional Desion
Team. The applicant shall select a proiect coordinator. All related maps. excludinq vicinity and
detail maps. shall be at the same scale. A Preliminary Master Plan shall contain all of the
elements necessary to demonstrate compliance with the applicable provisions of this Code and
shall include. but not be limited to:
A. General Submittal Requirements. The applicant shall submit a Preliminary Master Plan
that includes all applicable elements described below and a narrative oenerally
describinq the purpose and operational characteristics of the proposed development.
The narrative shall include:
1. The existino Metro Plan desionation and zonino. Where the proposed Master Plan
site is within an overlay district, Plan District or Refinement Plan the applicable
additional standards shall also be addressed:
2. The location and proposed number of residential units and/or square footaqe of
commercial. industrial and/or public uses;
3. The density or intensity of proposed uses. includinq applicable Floor Area Ratios
(FARs): and
4. The applicant shall attach:
a. A map depictinq existinq zoninq and land uses within 300 feet of the
proposed Master Plan boundary;
b. A Vicinity Map drawn to scale depictinq existino bus stops. streets,
driveways. pedestrian connections. fire hydrants and other
transportationlfire access issues within 300 feet of the proposed Master
Plan site; and
c. A leqal description of the property within the proposed Master Plan
boundary.
B. A Site Assessment of the entire proposed Master Plan site that precisely maps and
delineates the existinQ conditions on the site. Proposed modifications to physical
features shall be clearly indicated. Information required for adiacent properties may be
Qeneralized to show the connections to physical features. A Site Assessment shall
contain the followinq information. as applicable:
1. A full size map depictinq the proposed Master Plan boundary toqether with
existino lot/parcel lines:
2. The 1 OO-year floodplain and floodway boundaries on the proposed Master Plan
site. as specified in the latest adopted FEMA Flood Insurance Rate Maps or
FEMA approved Letter of Map Amendment or Letter of Map Revision;
3. The Time of Travel Zones. as specified in Section 3.3-200 and delineated on the
Wellhead Protection Areas Map on file in the Development Services Department;
4. Physical features includinQ. but not limited to siQnificant clusters of trees and
shrubs. wetlands as specified in Section 4.3-117, rock outcroppinos and
watercourses shown on the Water Quality Limited Watercourse (WLQW) Map
and their riparian areas on file in the Development Services Department. In the
latter case, the name, location, dimensions. direction of flow and top of bank shall
be depicted. If the proposed Master Plan site is located within 150 feet of the top
of bank of any WQLW or within 100 feet of the top of bank of any WQLW direct
tributary. a Riparian Area Protection Report is reouired;
5. Soil types and water table information as mapped and specified in the Soils
Survey of Lane County. A Geotechnical report prepared by a licensed
Geotechnical Enoineer shall be submitted concurrently if the Soils Survey
indicates the proposed Master Plan site has unstable soils and/or a hioh water
table; and
6. Existino elevations and contours.
c. A Gradino Plan which includes: existino and proposed elevations and where 2 or more
feet of fill or oradino is anticipated for portions of or the entire proposed Master Plan site.
On hillsides. the plan shall show pad sites and their relationshi'p to the public riQht-of-way
with existino contours at 1-foot intervals and percent of slope. In areas where the percent
of slope is 10 percent or more. contours may be shown at 5-foot intervals.
D. A Stormwater ManaQement Plan diaQram which includes the stormwater manaQement
system for the entire proposed Master Plan site and any impacts on adiacent properties.
The plan shall contain the followinQ components:
1. Roof drainaQe patterns and discharQe locations;
2. Pervious and impervious area drainaoe patterns:
3. The size and location of stormwater manaoement systems components,
includino but not limited to: drain lines. catch basins, dry wells and/or detention
ponds: stormwater ouality measures; and natural drainaQeways to be retained
and/or modified:
4. ExistinQ and proposed elevations, site orades and contours; and
5. A stormwater manaoement system plan with supportinQ calculations and
documentation as specified in Section 4.3-110 shall be submitted supportino the
proposed system. The plan, calculations and documentation shall be consistent
with the EnGineerinG DesiGn Standards and Procedures Manual.
E. A Wastewater ManaQement Plan with maps and a narrative depictinQ the location and
size of existinQ and proposed wastewater facilities with supportino calculations and
documentation consistent with the Enqineerinq Desian Standards and Procedures
Manual.
F. A Utilities Plan with maps and a narrative depictinq the location and size of existinq and
proposed water. electrical. qas and telephone service; and the location of existinq and
required traffic control devices. fire hydrants, street liqhts. power poles. transformers.
neiqhborhood mailbox units and similar public facilities.
Commentary. The Landscape Plan can remain conceptual to help reduce development costs.
The detailed SDC landscape standards will be required to be addressed and met during the Site
Plan Review process.
G. A conceptual Landscape Plan with maps and a narrative illustratinq proposed
landscapinq for the entire proposed Master Plan site. includinq, but not limited to: where
existinq veqetation is proposed for preservation, especially riparian and wetland areas
and trees: installation of veqetative bufferinq; street trees; qenerallandscapinq; and a
percentaqe ranqe for the total amount of required open space. broken down by the type
of open space, public and private, as applicable. A conceptual Landscape Plan is more
appropriate at the Master Plan level. A detailed Landscape Plan will be required durinq
the Site Plan Review application process required to implement the Final Master Plan.
Commentary. The need for an overall Site Plan and whether or not the Architectural Plan
should be made conceptual has been addressed in Subsection A., above. However, for the
purpose of reducing applicant costs and to clarify which portions of the Architectural Plan may
be modified, the text has been revised. The detailed SDC design standards will be required to
be addressed and met during the Site Plan Review process.
H. An Architectural Plan with maps, includinq:
1. Buildinq elevations, overall commercial. industrial or public floor area, the number
of dwellinq units, buildinq heiqht. number of stories and the buildinq location or
buildinq mass of the primary structure (as defined in this Code);
2. Illustrative examples of applicable SDC desiqn standards and buildinq materials
may be considered conceptual. In this case. this requirement. if chanqed in the
future. will not require Final Master Plan modification as specified in Section 5.13-
135; and a
3. Narrative. A narrative providinq sufficient information to describe the proposed
Architectural Plan.
I. A Parkinq Plan and Parkinq Study.
1. A Parkinq Plan shall be submitted for all proposed development and shall contain
the followinq information:
a. The location. dimensions and number of proposed parkinq spaces;
b. On-site vehicular and pedestrian circulation;
c. Access to streets, alleys and properties to be served. includinq the
location and dimensions of existinq and proposed driveways and any
existinq driveways proposed to be closed;
d. The location of and number proposed bicycle spaces;
e. The amount of qross floor area applicable to the parkinq requirements for
the proposed use; and
f. The location and dimensions of off-street loadinq areas. if any.
2. A Parkinq Study, for other than sinqle family developments. with maps and a
narrative depictinq proiected parkinq impacts. includinq, but not limited to:
proiected peak parkinq demand: an analysis of peak demand compared to, or
use of, the proposed on-site and off-site supply: potential impacts to the on-street
parkinq system and adiacent land uses: and proposed mitiqation measures, if
necessary.
J. An On-site Liqhtinq Plan depictinq the location and maximum heiqht of all proposed
exterior liqht fixtures, both free standinq and attached.
K. A Public Riqht-of-Way/Easement/Public Place Map depictinq the reservation, dedication,
or use of the proposed Master Plan site for public purposes. includinq, but not limited to:
riqhts-of-way showinq the name and location of all existinq and proposed public and
private streets within or on the boundary of the proposed Master Plan site, the riqht-of-way
and pavinq dimensions, and the ownership and maintenance status, if applicable, and the
location, width and construction material of all existinq and proposed sidewalks: pedestrian
access ways and trails: proposed easements: existinq easements: parks: open spaces.
includinq plazas: transit facilities; and school sites.
L. A Traffic Impact Study, as specified in Section 4.2-105.A.4. the scope of which may be
established by the Public Works Director. The Traffic Impact Study shall contain maps
and a narrative depictinq proiected transportation impacts, includinq, but not limited to:
the expected number of vehicle trips that may be qenerated by the proposed
development (peak and daily): an analysis of the impact of vehicle trips on the adiacent
street system: and proposed mitiqation measures to limit any proiected neqative impacts.
Mitiqation measures may include improvements to the street system itself or specific
proqrams and strateqies to reduce traffic impacts such as encouraqinq the use of public
transit. carpools, vanpools, and other alternatives to sinqle occupant vehicles.
M. A Phasinq Plan. The Phasinq Plan shall illustrate the proposed location of buildinqs.
streets, utilities and landscapinq. Phasinq shall proqress in a sequence that provides
street connectivity between the various phases and accommodates other required public
improvements such as wastewater facilities, stormwater manaClement. electricity and
water. The Phasinq Plan shall consist of maps and a narrative with an overall schedule or
description of on-/off-site phasinq includinq, but not limited to: the type. location and timinq
of proposed uses, buildinq locations: proposed public facilities includinq on-/off-site streets
and traffic siqnals or other traffic control devices and utilities with the desiqnation of
construction and maintenance responsibility: estimated start/completion dates with a
proposed type of financial quarantee. includinQ but not limited to a bond. letter of credit.
ioint deposit or other security in a form acceptable to the City. submitted by the property
owner. a future buyer and/or a developer, to ensure planned infrastructure improvements
will occur with each phase. if necessary, or when required by the City. affected local
aQency or the State (the formal submittal of a required Quarantee typically occurs durinq
the Final Master Plan review process and/or development implementation); a statement
of the applicant's intentions with reqard to the future sellinQ or leasinQ (if known at the
time of Preliminary Master Plan submittal) of all or portions of the proposed development
(where a residential subdivision is proposed. the statement shall also include the
applicant's intentions whether the applicant or others will construct the homes); and the
relationship of pedestrian and bicycle connectivity and open space requirements to the
proposed phasinq.
N. Neiqhborhood MeetinQ Summary. The applicant shall submit a summary of issues raised
at the neiqhborhood meetinq as specified in Section 5.13-117.
o. A COpy of all proposed and any existinQ covenants. conditions. and restrictions that may
control development. if applicable.
P. ' Annexation. A qeneral schedule of proposed annexation consistent with the phasinQ plan.
if applicable.
Q. The Director may require additional information necessary to evaluate the proposed
development. includinq. but not limited to a:
1. ESEE analysis, as may be needed to comply with Statewide PlanninQ Goal 5.
Natural Resources for site attributes that may not be on an adopted City inventory;
2. Wetland delineation approved by the OreQon Department of State Lands shall be
submitted concurrently with the Preliminary Master Plan application. where there is a
wetland on the proposed Master Plan site; and
3. Historical and/or archaeoloQical studies.
R. Any concurrent land use applications as specified in Subsections 5.13-1168.
I 5.13-125 Preliminary Master Plan - Criteria
Commentary. The Preliminary Master Plan approval criteria are clearer. For example, criterion
5. 13-125 B, currently states: "The request. as conditioned, shall conform to applicable
Springfield Development Code requirements. ',' This is too broad because it refers to any SDC
requirement. The following Subsections now connect specific aspects of the proposed
Preliminary Master Plan criteria to the applicable SDC Chapter and/or Sections. The SDC
defines "Approval Authority" as the Director, Hearings Official, Planning Commission or the City
Council.
A Preliminary Master Plan shall be approved. or approved with conditions. if the Approval
Authority finds that the proposal conforms with all of the applicable approval criteria.
Commentary. The current "Metro Plan diagram" reference is deleted because either the
applicant has recently applied for and obtained a Metro Plan diagram and/or text amendment,
and/or the ('correct" designation is already in place. Therefore, there should be no need to revisH
Metro Plan poHcy as part of the Master Plan review process.
A. Plan/Zone consistency. The existinq or proposed zonino shall be consistent with the Metro
Plan diaoram and/or applicable text. In addition. the Preliminary Master Plan shall be in
compliance with applicable City Refinement Plan. Conceptual Development Plan or Plan
District standards. policies and/or diaqram and maps.
Commentary. This cr;[erion specmcally refers to "all appHcable standards of the zoning disMct"
which include building height, setbacks, specmc design standards, etc.
B. Zoninq district standards. The Preliminary Master Plan shall be in compliance with
applicable standards of the specific zoninq district and/or overlay district.
Commentary. This criterion specifically refers to the required Traffic Impact Analysis from a
transportation system capacity aspect in relation to proposed phases, in addition to the
transportation standards contained in SDC Chapter 4.
C. Transportation system capacity. With the addition of traffic from the proposed
development. there is either sufficient capacity in the City's existinq transportation system
to accommodate the development proposed in all future phases or there will be adeouate
capacity by the time each phase of development is completed. Adopted State and/or local
mobility standards. as applicable, shall be used to determine transportation system
capacity. The Preliminary Master Plan shall also comply with any conditions of approval
from a Metro Plan diaoram andlor text amendment reqardinq transportation and all
applicable transportation standards specified in SDC Chapter 4.
Commentary. This criterion refers to current parking standards in SDC Chapter 4 Development
Standards that apply to specific transportation issues.
D. Parkino. Parkino areas have been desioned to: facilitate traffic safety and avoid
conoestion; provide bicycle and pedestrian connectivity within the property and to nearby
transit stops and public areas. The Preliminary Master Plan shall also comply with all
applicable vehicular and bicycle parkino standards specified in SDC Chapter 4.
Commentary. This criterion refers to current ingress-egress standards in SDC Chapter 4
Development Standards that apply to specific transportation issues.
E. Inqress-eoress. Inoress-eoress points have been desiqned to: facilitate traffic safety and
avoid conqestion; provide bicycle and pedestrian connectivity within the property and to
adiacent residential areas, transit stops. neiohborhood activity centers. and commercial,
industrial and public areas; and minimize driveways on arterial and collector streets as
specified in this Code or other applicable City and State reoulations. The Preliminary
Master Plan shall also comply with all applicable inoress/eqress standards specified in
SDC Chapter 4.
Commentary. This criterion refers to current standards in SDC Chapters 4 and 5 that apply to
specmc utility issues.
F. Availability of public utilities. Existino public utilities. includino but not limited to. water.
electricity. wastewater facilities. and stormwater manaqement facilities either have
sufficient capacity to support the proposed development in all future phases adequately. or
there will be adequate capacity available by the time each phase of development is
completed. The Public Works Director or appropriate utility provider shall determine
capacity issues. The Preliminary Master Plan shall also comply with applicable utility
standards specified in SDC Chapters 4 and 5.
Commentary. This criterion refers to current standards in SDC Chapter 4 Development
Standards that apply to specific physical feature issues.
G. Protection of physical features. Physical features, includinq but not limited to slopes 15
percent or qreater with unstable soil or qeoloqic conditions, areas with susceptibility to
floodinq. siqnificant clusters of trees and shrubs, watercourses shown on the Water Quality
Limited Watercourses (WQLW) Map and their associated riparian areas, wetlands, rock
outcroppinqs and open spaces and areas of historic and/or archaeoloQical siQnificance as
may be specified in Section 3.3-900 or ORS 97.740-760.358.905-955 and 390.235-240
shall be protected as specified in this Code or in State or Federal law. The Preliminary
Master Plan shall also comply with applicable physical feature protection standards
specified in SDC Chapter 4.
Commentary. This criterion addresses a specific phasing issue that arose during the Marcola
Meadows Master Plan review process.
H. Phasinq Plan. The PhasinQ Plan shall: demonstrate that the construction of required public
facilities shall occur in a loqical sequence, either in coniunction with, or prior to each phase,
or that there are appropriate financial quarantees as specified in Subsection 5.13-120M. to
ensure the phased public facilities construction will occur.
I. Adiacent use protection. The proposed Preliminary Master Plan contains desiqn. elements
includinq, but not limited to landscapinQ/screeninq, parkinq/traffic manaQement. and multi-
modal transportation that limit andlor mitiqate identified conflicts between the site and
adiacent uses.
I 5.13-130 Preliminary Master Plan - Conditions
The Approval Authority may attach conditions as may be reasonably necessary to the Preliminary
Master Plan in order to ensure compliance with the approval criteria in Section 5.13-125. and
with all other applicable provisions of this Code. All conditions shall be satisfied prior to Final
Master Plan approval. Certain conditions may require an adequate financial Quarantee in a form
acceptable to the City to ensure compliance.
I 5.13-131 Final Master Plan - Review
Commentary. Currently. there is no formalized "Fina/" Master Plan process; it's implied by past
practice. This Section establishes the "Final" Master Plan review process.
A. A Final Master Plan application shall be reyiewed under Type I procedure. However, if the
Preliminary Master Plan approval was reviewed under Type III procedure. the Director
shall require the Final Master Plan to be reviewed under Type II procedure.
B. A Pre-Submittal Meetinq application. as specified in Section 5.1-120.C.. is required prior to
the formal submittal of the Final Master Plan application.
I 5.13-132 Final Master Plan - Submittal ReQuirements
Commentary. Currently there is no time line for Final Master Plan submittal. The one year
time line is the same as the current Partition Plat submittal time line. Additionally, there is a time
line extension similar to the current Partition Plat submittal process because of the complexity of
most Master Plan applications. The Final Master Plan submittal packet is also described.
A. Within one year of Preliminary Master Plan Approval. the applicant shall submit the Final
Master Plan. The Final Master Plan shall illustrate the location of proposed buildinqs,
streets, utilities. parkinq and landscape areas. The Final Master Plan shall incorporate all
Approval Authority conditions of approval. The Final Master Plan application shall include:
1. A narrative that lists the conditions of approval. explains how each condition is met
and references the applicable Preliminary Master Plan maps, diaqrams or plan
sheets that require revision;
2. The specific maps, diaqrams, plan sheets or other documents have been revised
and/or demonstrate conformance with the Preliminary Master Plan approval; and
3. Any other information that may be required by the Director.
EXCEPTION: The applicant may request an extension of the Final Master Plan submittal
for up to one additional year. The applicant shall submit the request for the extension in
writinq to the Director no later than 30 days prior to the expiration of the Preliminary Master
Plan effective date. The applicant shall explain why the request is necessary and
demonstrate how the Final Master Plan application will be submitted within the requested
extension time line. The Director may qrant or amend the extension request upon
determininq that the applicant is makinq proqress on the Final Master Plan application.
Commentary. Requiring the Pre-Submittal Meeting application will allow staff to evaluate the
Final Master Plan application for completeness, prior to formal submittal by the applicant.
B. A Pre-Submittal Meetinq application, as specified in Section 5.1-120.C.. is required prior to
the formal submittal of the Final Master Plan application.
I 5.13-133 Final Master Plan - Criteria, Recordation and Effective Date
Commentary. There are two criteria for Final Master Plan approval.
A. Criteria. The Approval Authority shall qrant Final Master Plan approval upon findinq that:
1. The Final Master Plan substantially conforms to the provisions of the Preliminary
Master Plan approval; and
2. All approval conditions have been met or can be quaranteed to be met.
Commentary. Staff is aware of the cost and difficulty of recording the Final Master Plan as the
regulations are currently written. The recordation of a Memorandum of Final Master Plan
approval vs. all approval documents will reduce costs to the applicant.
B. Recordation. The applicant shall record a Memorandum of Final Master Plan Approval in a
format approved by the City Attorney and any other required documents at Lane County
Deeds and Records and return a recorded copy of the Memorandum of Final Master Plan
Approval and all other applicable documents to the Development Services Department.
C. Effective Date.
1. Final Master Plan approval is effective on the date of recordation of the
Memorandum of Final Master Plan Approval. the effective date. for not more than 7
years. unless modified as specified in Section 5.13-135.
Commentary. Currently, there is no language regarding an "end time" for Final Master Plan
approval.
2. The Final Master Plan remains in effect until the permitted deyelopment has been
constructed or the plan is modified. superseded or expires.
D. Once the Final Master Plan effective date is established, all persons and parties, and their
successors. heirs or assiqns. who have or will have any interest in the real property within
the Final Master Plan boundary. shall be bound by the terms and conditions of approval of
the Final Master Plan and the provisions of this Section. Notice of the Final Master Plan
effective date will be mailed to the applicant.
I 5.13-134 Final Master Plan - PhasinQ Implementation
A. No Subdivision and/or Site Plan Review applications (phasinq implementation) shall be
submitted until the Memorandum of Final Master Plan has been recorded (effective date)
and returned to the City.
B. The approved Final Master Plan shall be the basis for the evaluation of all phases of
proposed development, includinq Subdivision and/or Site Plan Review applications.
Commentary. A Pre-Submittal Meeting application is currently required for all Subdivision and
Site Plan Review applications. This is not another layer of staff review. However, it is necessary
to determine Master Plan compliance and which Master Plan conditions of approval apply to a
particular development phase. Not all approval conditions may apply to a particular phase.
C. The approved Final Master Plan and all applicable conditions of aoproval shall be
addressed for each Subdivision and/or Site Plan Review application (phasinq
implementation) as part of application completeness durinq the Pre-Submittal Meetinq
application process. specified in Section 5.1-120.C.
I 5.13-135 Final Master Plan - Modifications
Commentary. This Section specifically states that modifications are made to the "Final" Master
Plan. The current review categories remain, but the level of review is changed from Type II/III to
the proposed Type 1/11 because the "basic underlying assumptions" category has been deleted.
Additionally, the permitted Master Plan amendments are now limited to those listed below in
order to reduce the number of modification applications. If an applicant requests a modification
of an item that is not listed, then a new Master Plan application would be required. Finally,
Subsection D. is added to list those modifications for which no planning review is required.
A proposed Final Master Plan modification. or a proposed modification to a Master Plan approved
prior to the effective date of this requlation, shall be processed under the applicable procedures
described below:
A. The followinq modifications to a Final Master Plan shall be processed under Type I
procedure. These modifications include a request:
Commentary. As part of this additional review, staff is reevaluating all of the current and
proposed Final Master Plan modification categories.
1. By the applicant to modify the Master Plan phasinq schedule for a specific phase of
development when the proposed chanqe does not affect the construction of
scheduled public improvements:
2. By the City based on the requirement to implement newly adopted State or Federal
requlations: or
3. By the applicant for a one time extension of the approved time limit for UP to 3
years. An extension request shall be filed in writinq with the Director at least 60
days prior to the expiration of the initial 7 year period. If the applicant has made
reasonable proqress, as determined by the Director. in the implementation of the
Final Master Plan and public services and public facilities will be available to serve
the site, the time line extension will be qranted.
Commentary. Those categories that require the 10 percent standard in Subsection B., below
will be processed as a Type I procedure..
4. By the applicant for modifications that are less than the 10 percent thresholds
specified in those specific instances specified in Subsection B., below.
Commentary. This Subsection is based upon current text and adds specific thresholds in
certain situations. The level of review is reduced to a Type /I or Type 11/ procedure to be
consistent with the level of review for the Preliminary Master Plan application.
B. The followinq modifications to the Final Master Plan shall be processed under Type II
procedure, unless the Director determines that the proposed modification should be
reviewed as a Type III procedure, based on the proposed size of the Master Plan site;
and/or the availability/capacity of public facilities: and/or impacts to adiacent properties
includinq but not limited to noise and traffic. These modifications include a request:
1. By the applicant if a proposed permitted non-residential use for example. a church
or a school. affects the approved Final Master Plan residential density:
2. By the applicant for 10 percent or qreater increases or decreases in the overall
qross floor area of commercial. industrial or public buildinqs: the number of dwellinq
units: buildinq heiqht; and the location or buildinq mass of the primary structure
(as defined in this Code):
3. By the applicant for increases or decreases in the amount of approved or required
parkinq by a factor of 10 percent or qreater. The applicant shall provide a new
parkinq analysis related to the proposal;
4. By the applicant for a ZoninQ Map amendment or Discretionary Use application;
5. By the applicant for proposals that would increase the number of PM peak-hour
vehicular trips bv 10 percent or Qreater. except in cases where a trip cap has been
imposed on development of the property. Where such a trip cap is in effect, a
modification of the land use decision that imposed the trip cap shall be required. In
all cases. the applicant shall provide a Traffic Impact Analysis supportinQ the
proposal;
6. By the applicant to alter the placement of interior streets by 10 percent or Qreater
from their approved location. as 10nQ as the modification maintains the connectivity
established bv the approved Final Master Pan.
7. By the City or the applicant when essential public infrastructure cannot be provided;
8. By the applicant to modify the Master Plan phasinQ schedule for a specific phase of
development when the proposed chanqe affects the construction of scheduled
public improvements;
9. By the applicant for extension of the Final Master Plan time limit beyond the
maximum approved time limit of 7 years or the extension permitted in Subsection
B.3., above. In no case shall the extension exceed 15 years from the date of Final
Master Plan approval as specified in Subsection 5.13-133. C. An extension
request shall be filed in writinq with the Director at least 60 days prior to the
expiration of the initial 7 year period or any subsequently approved extensions.
The time line extension will be Qranted provided the applicant has made
reasonable proQress in the implementation of the Final Master Plan and public
services and facilities remain available;
10. By the applicant for a chanQe to the approved Final Master Plan boundary.
c. Proposed Final Master Plan modifications other than those described in Subsections A.
and 8., above, shall require the submittal of a new Preliminary Master Plan application.
D. The followinQ modifications to the Final Master Plan do not require subsequent land use
review and are allowed upon issuance of a buildinQ permit, if required:
1. Buildinq interior improvements;
2. Exterior improvements associated with existinQ buildinqs that do not involve a
chanQe in floor area. subiect to all applicable base zone development and desiqn
standards and relevant conditions of approval as approved in the Final Master
Plan;
3. Installation of new mechanical or electrical equipment, or modification of existinq
equipment, subiect to all applicable base zone development and desiQn standards
and relevant conditions of approval as approved in the Final Master Plan;
4. Routine maintenance of existinq buildinqs, facilities and landscapinQ; and/or
E. A Pre-Submittal MeetinQ application. as specified in Section 5.1-120.C.. is required prior to
the formal submittal of the Final Master Plan modification application.
Commentary. Criteria are established for modifications.
F. For all Final Master Plan modification applications described in Subsections A and B,
above. the applicant shall demonstrate compliance with the followinQ:
1. Any applicable Preliminary Master Plan criteria of approval specified in Section
5.13-125: and
2. Any other applicable standard of this Code that may be required to iustify the
proposed modification.
Commentary. This Subsection adds specific situations where additional Planning review of
Final Master Plan modifications is not necessary.
G. The Master Plan procedures in Appendix 3 of this Code reqardinQ Master Plan
Modifications and/or new Master Plans shall apply to properties within the Glenwood
Riverfront Plan District. Section 3.4-200. until these reQulations are updated.
I 5.13-140 Final Master Plan - Assurance to the Applicant and City Disclaimers
Commentary. The specific intent of this assurance is to protect the applicant from "new"
development standards for the first 7 year time line granted upon Final Master Plan approval
and one 3 year extension for a total of 10 years. Final Master Plan time line extensions that are
more than 10 years, and up to the 15 year maximum would be under regulations in effect at the
time of submittal of this additional time lihe extension.
A. Assurances to the applicant:
Commentary. A question arose regarding the appropriate review regulations for existing
Master Plan applications approved prior to the adoption of this proposed amendment regarding
Section 5. 13-135 Modifications. The current text has no specific criteria but refers to "basic
underlying assumptions': which was deleted as part of this project because it is vague. Staff has
proposed specific criteria of approval in Section 5. 13-135F1. and 2.:. "Any applicable Preliminary
Master Plan criteria of approval specified in Section 5. 13-125; and Any other applicable standard
of this Code that may be required to justify the proposed modification. " Staff contends that the
portion of Section 5. 13-135 that lists the categories of Final Master Plan have had the review
procedure reduced from a Type /I and //I to a Type I and /I and have been made clearer by
adding 10 percent thresholds, in some cases, but do not substantially differ from those listed in
the current text. In addition, the proposed specific review criteria are the clarification of a
common practice - addressing the Preliminary Master Plan criteria of approval and any
applicable SDC standards. The "or as otherwise previously approved" is added to assure
applicants of previously approved Master Plans that their approvals are vested for the timelines
established as approved.
1. The applicant is entitled to rely on standards and criteria in effect on the date the
Master Plan application was submitted. in accordance with ORS 227.178(3)(8) for
the 7 year approval time limit. with a sinqle 3 year extension, or as otherwise
previously approved.
EXCEPTION: Any time line extension proposed for more than a combined total of
10 years shall comply with on standards and criteria in effect at the time of the time
line extension application submittal as specified in Subsection 5.13-135.8.9.
2. The applicant shall have the riqht to proceed with development as lonq as it is in
substantial compliance with the Final Master Plan and other required approvals and
permits, subject to any modifications as may be approved as specified in Section
5.13-135.
Commentary. These Subsections appear in other Sections of the current SOC.
B. City Disclaimers:
1. The City shall not be required to approve development of any phase described in
the Final Master Plan if the approval violates applicable Federal or State statues or
administrative rules.
2. The City shall not be obliqated to provide public improvements affectinq
implementation of the Final Master Plan if public funds are not available.
Commentary. Currently, SDC Section 3.4-200 Glenwood Riverfront Plan District utilizes the
Master Plan if an applicant desires to modify development standards. The Glenwood
Refinement Plan Update Project is now underway and will include a review of the Plan District
development standard and the process for modifying those standards. These standards will
remain in effect to be utilized in the Plan District until siJch time the Plan District is amended.
These standards will be placed in SDC Appendix 3 and will be deleted upon the adoption of any
amendment of the Plan District.
Appendix 3
For use with SDC Section 3.4-200 Glenwood Riverfront Plan District until amended
Section 5.13-100 Master Plans
Subsections:
5.13-105
5.13-110
5.13-115
5.13-120
5.13-125
5.13-130
5.13-135
5.13-140
Purpose
Applicabilitv
Review
Submittal ReQuirements
Criteria
Conditions
Modifications to the Master Plan and Schedule
Assurance to the Applicant
15.13-105
Purpose
A. A Master Plan is a comprehensive plan that allows phasinq of a specific development
area over several years for public, commercial, industrial or residential deyelopment. A
Master Plan, in this context. is specific to this Code and is not considered to be a
refinement plan or any other similar subset of the Metro Plan. By addressinq public
service impacts and development requirements at the time of approval of Master Plan,
these impacts and requirements need not be readdressed at subsequent phases and
the developer may rely on the Master Plan approval in implementinq the development.
B. The purpose of a Master Plan is to:
1. Provide preliminary approval for the entire development area in relation to land
uses. a ranqe of minimum to maximum potential intensities and densities,
arranqement of uses, and the location of public facilities and transportation
systems when a development area is proposed to be developed in phases:
2. Assure that individual phases of a development will be coordinated with each
other:
3. Provide the applicant an assurance of the City's expectation for the overall
development as a basis for detailed planninq and investment by the deyeloper.
c. The Planninq Commission shall approve the Master Plan prior to City approval of a
related Subdivision or Site Plan application; however. the Master Plan may be reviewed
concurrently with a Zoninq Map amendment. Discretionary Use. Variance and/or any
other application or approval souqht by the applicant related to the Master Plan.
D. Subiect to prior approval of a Master Plan. a separate Subdivision or Site Plan
application shall be approved for each phase. The Master Plan shall be the basis for the
evaluation of all phases of development on any issues that it addresses. Phases may be
combined for consideration.
E. Approval of a Master Plan is effective for UP to 7 years; however the approved Master
Plan time limit may be extended pursuant to Section 5.13-135, Modifications to the
Master Plan and Schedule.
15.13-110
Applicability
The Master Plan process applies when initiated by an applicant when the followinq criteria are
met:
A. The development area is under 1 ownership: or
B. If the development area has multiple owners, then all owners of record have consented
in writino to the Master Plan review process; and
c. The development area is 5 acres or oreater:
D. Notwithstandino the foreooino, the Director may determine that the proposed
development is inappropriate as a Master Plan and the application will not be accepted.
15.13-115
Review
A. Master Plans are reviewed under Type III procedure, unless the Director determines that
the application should be reviewed as a Type IV decision by the City Council due to the
complexity of the application.
B. A Pre-Application Report application as specified in Section 5.1-100 is reouired prior to
submittal of a Master Plan application.
15.13-120
Submittal ReQuirements
A Master Plan shall contain all of the elements prepared in a clear and leoible manner
necessary to demonstrate that the provisions of this Code are beino fulfilled and shall include
but not be limited to the followino:
A. The existino Metro Plan desionation and zone classification.
B. A vicinity map drawn to scale on a street base map.
c. A leoal description of the property tooether with a map drawn to scale depictino the leoal
boundaries of the subiect property.
D. A topooraphy map and narrative depictino present uses of the land, existino structures,
streets, sionificant veoetation, wetlands, drainaoe ways and other relevant natural and
man-made features.
E. A site plan showino location and type of all land uses proposed, approximate acreaoe
and approximate number of units or souare footaoe of uses, adiacent property uses and
relevant features.
F. The density or intensity of proposed uses.
G. The maximum heioht and size of proposed structures.
H. A public facilities plan showino existino and proposed streets, utilities, sanitary sewer,
natural and piped storm drainaoe system, water service, bike and pedestrian ways and
transit locations.
I. Maps and narrative showinQ off-site public improvements necessary to serve the
proposed development and/or to mitiQate impacts to adiacent property or public facilities.
J. The Director may require additional information necessary to evaluate the proposed
development. includinQ. but not limited to: an ESEE analysis. oeolooy. soils. stormwater.
sanitary. tree preservation. historical. archaeolooical. and traffic impact. All related maps,
excludinQ vicinity and detail maps. shall be at the same scale.
K. Provisions. if any. for reservation, dedication. or use of land for public purposes,
includinQ. but not limited to: riohts-of-way, easements. parks, open spaces, and school
sites.
L. An overall schedule or description of phasinQ; and the development to occur in each
phase. If phasinQ alternatives are contemplated. these alternatives shall be described.
M. Where off-site or other infrastructure improvements are required, the applicant shall
specify the timinQ and method of securinQ the improvement. includinQ bond. letter of
credit. ioint deposit or other security satisfactory for said improvement construction.
N. DesiQnation of responsibility for providinQ infrastructure and services.
o. A Qeneral schedule of annexation consistent with the phasino plan. if applicable.
15.13-125
Criteria
A Master Plan may be approved if the Plan nino Commission finds that the proposal conforms
with all of the followinQ approval criteria. In the event of a conflict with approval criteria in this
Subsection, the more specific requirements apply:
A. The zoninQ of the property shall be consistent with the Metro Plan diaQram and/or
applicable Refinement Plan diaoram, Plan District map, and Conceptual Development
Plan:
B. The request. as conditioned. shall conform to applicable SprinQfield Development Code
requirements, Metro Plan policies. Refinement Plan. Plan District. and Conceptual
Development Plan policies;
C. Proposed on-site and off-site improvements, both public and private. are sufficient to
accommodate the proposed phased development and any capacity requirements of
public facilities plans; and provisions are made to assure construction of off-site
improvements in coniunction with a schedule of the phasinQ;
D. The request shall provide adequate Quidance for the desiQn and coordination of future
phases;
E. Physical features. includinq, but not limited to: steep slopes with unstable soil or qeoloqic
conditions; areas with susceptibility of floodinq; siqnificant clusters of trees and shrubs:
watercourses shown on the WQLW Map and their associated riparian areas; other
riparian areas and wetlands specified in Section 4.3-117: rock outcroppinqs: open
spaces; and areas of historic and/or archaeoloqical siqnificance. as may be specified in
Section 3.3-900 or ORS 97.740-760.358.905-955 and 390.235-240, shall be protected
as specified in this Code or in State or Federal law;
F. Local public facilities plans and local street plans shall not be adversely impacted by the
proposed development.
15.13-130
Conditions
The Approval Authority may attach reasonably necessary conditions to minimize neqative
impacts as specified in this Code to ensure that the proposed development can fully meet the
criteria of Section 5.13-125. and may require quarantees to ensure compliance. Additionally. the
approval may contain any conditions necessary to implement the provisions of Section 5.13-120
includinq a schedule of fees and charqes, a schedule of compliance review and the extent to
which the Master Plan is assiqnable.
15.13-135
Modifications to the Master Plan and Schedule
Applications for phase modification approval which are in substantial conformity with an
approved Master Plan shall not be deemed a modification of the plan. Modifications to the
Master Plan shall be processed under the applicable procedures described below to amend the
Plan:
A. Modifications that do not affect the basic underlyinq assumptions of the adopted Master
Plan and which are not determined to be similar to Subsection B. or C., below shall be
processed as a ministerial decision by the Director.
B. Modifications that are siqnificant. but do not affect the basic underlyinq assumptions of
the approved Master Plan. shall be processed under Type II procedure. These
modifications include a request:
1. By the applicant for a chanqe of density allocation with in the density ranqe
allowed in the applicable zoninq district:
2. By the applicant for a chanqe to the aliqnment of riqht-of-way requirements of
local streets:
3. By the applicant or City for a chanqe to the sizes or location of public facilities:
4. By the applicant for a chanqe of scheduled phasinq beyond the approved time
limit for the phased development when the proposed chanqe affects the
construction of scheduled public improvements;
5. By the City based on the requirement to implement newly adopted State or
Federal requlations;
6. By the applicant for a 1-time extension of the approved time limit for UP to 3
years. The time line extension will be qranted provided the applicant has made
reasonable proqress in the implementation of the Master Plan and public
services and facilities remain available;
7. By the applicant to alter siqnificant natural resources, wetlands, open space
areas, archaeoloqic and historic features beyond the scope of the approved
Master Plan; or
8. By the applicant for other modifications to the approved Master Plan that the
Director determines to be similar to the modifications specified in this Subsection.
c. Modifications which affect the underlyinq basic assumptions of the approved Master
Plan or that prohibit, restrict or siqnificantly affect its implementation shall be processed
under the Type III procedure, and include:
1.
A Zoninq Map amendment or Discretionary Use application initiated by the
applicant;
2.
A request for the re-aliqnment or re-desiqnation of arterial or collector streets
initiated by the applicant;
3.
The inability of the City or the applicant to provide essential public infrastructure;
4.
A request by the City based on the requirement to implement newly adopted
State or Federal requlations;
5.
A request by the applicant for extension of the time limit of the Master Plan
beyond the approved time limit specified in Subsection B.6.. above or the
extension permitted in Section 5.13-135. but in no case shall the extension
exceed 15 years from the oriqinal Master Plan approval date; or
6.
Other chanqes to the final approved Master Plan as requested by the applicant
that the Director determines to be similar to the modifications specified in this
Subsection.
I 5.13-140
Assurance to the Applicant
A. Approval of the Master Plan shall assure the applicant the riqht to proceed with the
development in substantial conformity with the Master Plan. subiect to any modifications
as may be approved as specified in Section 5.13-135. Chanqes to Ordinances. policies
and standards adopted after the date of approval of the Master Plan shall not apply to
the development.
B. Phase approvals shall occur throuqh the land division review process. as specified in
Section 5.12-100. or the Site Plan review process. as specified in Section 5.17-100. as
applicable.
C. The Master Plan shall be the basis for the evaluation of all phases of development on
any issues which it addresses. Approval of development phases will be qranted subiect
to the terms and conditions of the Master Plan. but subiect to the applicable
Development Code provisions and City Ordinances on issues which the Master Plan
does not address.
D. Notwithstandinq the precedinq provision, the City shall not be obliqated to provide public
improvements affectinq implementation of the Master Plan if public funds are not
available.
E. The City shall not be required to approve development of any phase described in the
Master Plan if the approval violates applicable Federal or State statues or administrative
rules.
F. The approved Master Plan shall be recorded at Lane County Deeds and Records and
the oriqinal returned to the City.
SDC SECTION 3.3-200 DRINKING WATER PROTECTION OVERLAY DISTRICT
Commentary. The amendment to the Drinking Water Overlay District is primarily
necessitated by the recently adopted Springfield Fire Code which supersedes the current
Uniform Fire Code. This requires amending the appropriate Fire Code references specified
in this Section. In addition to the specific Fire Code references, there are several instances
where text is added from the current Uniform Fire Code because the Springfield Fire Code
does not have any requirements equivalent to the inspection and record-keeping
requirements (see Sections 3.3-235A. 7., B. 7., and C.5.). This is necessary in order to
preserve the existing inspection and record-keeping requirement for drinking water
protection. The inserted text does not represent a policy change since these requirements in
the Uniform Fire Code have been and continue to be the standard used for drinking water
protection. Also, the phrase "hazardous materials that pose a risk to groundwater" is
changed to "hazardous or other materials that pose a risk to groundwater. " (See Sections
3.3-205 through 3.3-225 and 3.3-235) because while the SDC defines hazardous materials
according to Fire Code definitions, some materials that pose a risk to groundwater (e.g.,
cerlain pharmaceuticals, fertilizers) may not currently be regulated by this Section. This
amendment is considered to be a clarification of current practice. Only those specific
Sections being amended are listed below.
Section 3.3-200 Drinking Water Protection Overlay District
I 3.3-205 Purpose
A. The Drinking Water Protection (DWP) Overlay District is established to protect
aquifers used as potable water supply sources by the City from contamination.
This Section establishes procedures and standards for the physical use of
hazardous or other materials harmful to groundwater within TOTZ by new and
existing land uses requiring development approyal. The provisions of this Section
are designed to:
1. Protect the City's drinking water supply which is obtained from
groundwater resources from impacts by facilities that store, handle, treat,
use, produce, or otherwise have on premises substances that pose a
hazard to groundwater quality; and
2. Provide standards for hazardous or other materials that pose a risk to
groundwater within the TOTZ.
B. In order to accomplish this purpose, the DWP Oyerlay District includes methods
and provisions to:
1. Restrict or prohibit the use of hazardous or other materials which are
potential groundwater contaminants;
2. Set standards for the storage, use, handling, treatment, and production of
hazardous or other materials that pose a risk to groundwater within
TOTZ; and
3. Review new or expanded uses of hazardous or other materials that pose
a risk to groundwater.
I 3.3-220 Time of Travel Zones
A. The DWP Overlay District includes 4 TOTZ: 0-1 year; 1-5 years; 5-10 years; and
10-20 years. The locations of the TOTZ for each wellhead are shown on Drinking
Water Protection Area Maps on file with the City's Development Services, Public
Works, and Fire and Life Safety Departments; and Springfield Utility Board (SUB)
and Rainbow Water District (RWD).
B. The areas within specified wellhead TOTZ are those drinking water protection
areas certified by the Oregon Health Division, under the Oregon Administrative
Rules that apply to Oregon's EPA-approved Drinking Water Protection Program,
in Oregon Health Division Delineation Certification #0002R, March 18, 1999.
c. In determining the location of a property within a TOTZ, the following criteria
apply:
1. The Lane County Department of Assessment and Taxation maps shall be
used as a base map with the addition of TOTZ boundaries.
2. That portion of a tax lot that lies within a TOTZ is governed by the
restrictions applicable to that TOTZ.
3. Tax lots having parts lying within more than one TOTZ are governed by
the standards of the more restrictive TOTZ.
EXCEPTION: The Director may waive the requirement that the more
restrictive standards apply when all of the following apply:
a. Storage, use, handling, treatment, and/or production of hazardous
or other materials that pose a risk to groundwater will not take
place within the portion of the tax lot having the more restrictive
TOTZ standards; and
b. Storage, use, handling, treatment, and/or production of hazardous
or other materials that pose a risk to groundwater will not take
place within 50 feet of the portion of the tax lot having more
restrictive TOTZ standards; and
c. The tax lot is 20,000 square feet or larger.
4. A property owner may request the TOTZ be modified by submitting a
Zone Change application to the City. Any request for modification of the
TOTZ shall be accompanied by certification of the TOTZ as proposed to
be modified by the Oregon Health Division, under the Administrative
Rules that apply to Oregon's EPA-approved Drinking Water Protection
Program.
I 3.3-225 Review
A. A DWP Overlay District Development Application is required when the criteria of
both Subsections A.1. and 2., below are met:
1. A site is affected by one of the following:
a. There is a change of land use, occupancy or tenancy of a
property, including, but not limited to: a change from vacant to
occupied; or
b. During the Building Permit process; or
c. In conjunction with any development application, including, but not
limited to: Site Plan review and Minimum Development Standards.
2. The action in Subsection A.1., aboye will:
a. Affect the storage, use, and/or production of hazardous or other
materials that pose a risk to groundwater; or
b. Increase the quantity of hazardous or other materials that pose a
risk to groundwater that are stored, used and/or produced.
B. Prior to the submittal of a DWP Overlay District Development Application, an
exemption request may be submitted to the Director as specified in Section 3.3-
230B.1.
c. DWP Overlay District applications shall be reviewed under Type I procedures.
D. Prior to undertaking an activity covered by Section 3.3-225 A., the owner or
tenant shall submit a DWP Overlay District Application to the City for review and
approval. Applications shall include the following information:
1. A Hazardous Material Inventory Statement and a Material Safety Data
Sheet for any or all materials entered in the Statement unless exempted
under Section 3.3-230. Hazardous material weights shall be converted to
volume measurement for purposes of determining amounts - 10 pounds
shall be considered equal to one gallon as specified in [Uniform Fire Codo
8001.15.1] Sprinqfield Fire Code 2703.1.2.;
2. A list of the chemicals to be monitored through the analysis of
groundwater samples and a monitoring schedule if ground water
monitoring is anticipated to be required;
3. A detailed description of the activities conducted at the facility that involve
the storage, handling, treatment, use or production of hazardous
materials in quantities greater than the maximum allowable amounts as
stated in Section 3.3-235 A.;
4. A description of the primary and any secondary containment devices
proposed, and, if applicable, clearly identified as to whether the devices
will drain to the storm or sanitary sewer;
5. A proposed Hazardous Material Management Plan for the facility that
indicates procedures to be followed to prevent, control, collect and
dispose of any unauthorized release of a hazardous material;
6. A description of the procedures for inspection and maintenance of
containment devices and emergency equipment;
7. A description of the plan for disposition of unused hazardous materials or
hazardous material waste products over the maximum allowable amounts
including the type of transportation, and proposed routes.
E. For those development proposals requiring Site Plan Review (Section 5.17-100)
or Minimum Development Standards review (Section 5.15-100), applications may
be submitted concurrently.
F. The Director shall reyiew the application and make a decision based on the
standards contained in Section 3.3-235, after consulting with the Building Official,
Fire Marshall, Public Works Director, and the managers of SUB and RWD, as
appropriate.
I 3.3-235 Standards for Hazardous Materials within Time of Travel Zones
Applications shall comply with the following standards. Where the following standards are more
restrictive than the standards of the [Uniform] Sprinqfield Fire Code, the following standards
apply:
A. 0 -1 year TOTZ Standards.
1. Within the 0-1 year TOTZ, hazardous materials that pose a risk to
groundwater may be stored in aggregate quantities of no more than 500
gallons if in original containers not exceeding 5 gallons* in size. Within
that aggregated 500-gallon inyentory, no more than 150 gallons of
hazardous materials that pose a risk to groundwater may be on the
premises in opened containers for handling, treatment, use production, or
dispensing on site. Hazardous materials that pose a risk to groundwater
are allowed only upon compliance with containment and safety standards
specified by the most recent Fire Code adopted by the City.
*A waiver of the 5-gallon maximum size may be given by the Director if
the applicant can demonstrate that a larger size container would pose
less risk to the aq uifer.
2. Unless exempted, all hazardous or other materials that pose a risk to
groundwater shall be stored in areas with approved secondary
containment in place [(Uniform Fire Codo I\rticles 2 ::md 800d.1.d.3]
Sprinofield Fire Code 2702.1 and 2704.2.2).
3. All new uses of Dense Non-Aqueous Phase Liquids (DNAPLs) are
prohibited.
4. Any change in type of use or an increase in maximum daily inventory
quantity of any DNAPL shall be considered a new use and prohibited.
5. The following certain types of new facilities or changes in use and/or
storage of hazardous or other materials that pose a risk to groundwater
are prohibited:
a. Underground hazardous material storage facilities;
b. Hazardous material product pipelines used to transport the
hazardous material off of the tax lot where it is produced or used;
c. Injection wells
EXCEPTION: Dry wells for roof drainage;
d. Solid waste landfills and transfer stations;
e. Fill materials containing hazardous materials;
f. Land uses and new facilities that will use, store, treat, handle,
and/or produce DNAPLs.
6. Requirements found in [(Uniform Fire Code Appendix II E 3.2.6]
Sprinqfield Fire Code 2704.2.2.5) for a monitoring program and [ffi
8003.1.3.3 for] monitoring methods to detect hazardous materials in the
secondary containment system shall be met for all amounts of hazardous
or other materials that pose a risk to groundwater unless exempted.
7. The followinq requirements [found in Uniform Firo Code J\ppondix II E
Section 3.2.7] for inspection and record keeping procedures for monthly
in-house inspection and maintenance of containment and emergency
equipment for all amounts of hazardous or other materials that pose a risk
to groundwater shall be met unless exempted: Schedules and procedures
for inspectinq safety and monitorino and emeroency equipment. The
applicant shall develop and follow a written inspection procedure
acceptable to the Director for inspectino the facility for events or practices
which could lead to unauthorized discharoes or hazardous materials. An
inspection check sheet shall be developed to be used in coni unction with
routine inspections. The check sheet shall provide for the date, time. and
location of inspection; note problems and dates and times of corrective
actions taken: and include the name of the inspector and the
countersionature of the desiqnated safety manaqer for the facility.
8. Application of fertilizers containing nitrates are restricted to no more than
the amount recommended by the Lane County, Oregon State University
Extension Service for turf grass and are prohibited within 100 feet of a
wellhead. In no event shall a single application exceed one half pound per
1,000 square feet of area per single application or a total yearly
application of 5 pounds nitrogen fertilizer per 1,000 square feet.
B. 1-5 year TOTZ Standards.
1. The storage, handling, treatment, use, application, or production or
otherwise keeping on premises of more than 20 gallons of hazardous
materials that pose a risk to groundwater in aggregate quantities not
containing DNAPLs are allowed only upon compliance with containment
and safety standards specified by the most recent Fire Code adopted by
the City.
2. Unless exempted, all hazardous or other materials that pose a risk to
groundwater shall be stored in areas with approved secondary
containment in place [(Unif{)rm Firo Code l\rticlos 2 3nd 8003.1.3.3
Sprinofield Fire Code 2702.1 and 2704.2.2).
3. All new use of DNAPLs are prohibited.
4. Any change in the type of use or an increase in maximum daily inventory
quantity of any DNAPL is considered a new use and is prohibited.
5. The following certain types of facilities or changes in chemical use and/or
storage of hazardous or other materials that pose a risk to groundwater
are prohibited:
a. Hazardous material product pipelines used to transport the
hazardous material off of the tax lot where it is produced or used;
b. Injection wells.
EXCEPTION: Dry wells for roof drainage;
c. Solid waste landfills and transfer stations;
d. Fill materials containing hazardous materials;
e. Land uses and new facilities that will use, store, treat handle,
and/or produce DNAPLs.
6. Requirements found in [Uniform Fire Code Appendix II E 3.2.6 for 3
monitoring progr3m 3nd in 8003.1.3.3 for] Sprinqfield Fire Code
2704.2.2.5 for a monitorinq proqram and monitoring methods to detect
hazardous or other materials in the secondary containment system shall
be met for all amounts of hazardous materials that pose a risk to
groundwater unless exempted.
7. The followinq requirements [found in Uniform Fire Code .^.ppendix II E
Section 3.2.7] for inspection and record keeping procedures for monthly
in-house inspection and maintenance of containment and emergency
equipment for all amounts of hazardous or other materials that pose a risk
to groundwater shall be met unless exempted: Schedules and procedures
for inspectinq safety and monitorinq and emerqency equipment. The
applicant shall develop and follow a written inspection procedure
acceptable to the Director for inspectinq the facility for events or practices
which could lead to unauthorized discharqes or hazardous materials. An
inspection check sheet shall be developed to be used in coniunction with
routine inspections. The check sheet shall provide for the date, time, and
location of inspection; note problems and dates and times of corrective
actions taken; and include the name of the inspector and the
countersiqnature of the desiqnated safety manaqer for the facility.
C. 5-10 year TOTZ Standards.
1. The storage, handling, treatment, use, production or otherwise keeping
on premises of more than 20 gallons of hazardous materials that pose a
risk to groundwater in aggregate quantities not containing DNAPLs is
allowed upon compliance with containment and safety standards
specified by the most recent Fire Code adopted by the City
2. All hazardous or other materials that pose a risk to groundwater shall be
stored in areas with approved secondary containment in place ([Uniform
Firo Coda /\rticlas 2 ::md 8003.1.3.3] Sprinqfield Fire Code 2702.1 and
2704.2.2).
3. All new use of DNAPLs are prohibited.
4. Any change in type of use or an increase in the maximum daily inventory
quantity of any DNAPL is considered a new use and is prohibited.
5. The followinq requirements [found in Uniform Fire Code Appendix II E
Saction 3.2.7] for inspection and record keeping procedures for monthly
in-house inspection and maintenance of containment and emergency
equipment for all amounts of hazardous or other materials that pose a risk
to groundwater shall be met unless exempted: Schedules and procedures
for inspectinq safety and monitorinq and emerqency equipment. The
applicant shall develop and follow a written inspection procedure
acceptable to the Director for inspectinq the facility for events or practices
which could lead to unauthorized discharqes or hazardous materials. An
inspection check sheet shall be developed to be used in coni unction with
routine inspections. The check sheet shall provide for the date. time. and
location of inspection: note problems and dates and times of corrective
actions taken; and include the name of the inspector and the
countersiqnature of the desiqnated safety manaqer for the facility.
D. 10-20 year TOTZ Standards. The storage, handling, treatment, use, production
or keeping on premises of more than 20 gallons of hazardous materials that pose
a risk to groundwater in aggregate quantities is allowed only upon compliance
with containment and safety standards specified by the most recent Fire Code
adopted by the City.
VARIOUS SECTIONS - SCRIVENER'S ERRORS
OVERVIEW
The reformatted Springfield Development Code (SDC) was adopted by the Springfield City
Council on September 17, 2007. The reformatting process was a substantial undertaking that
resulted in the reorganization of hundreds of Code regulations in what were formerly 45
"Articles" into 6 Chapters. The volume of the reorganization task resulted in some unintentional
omissions; some inaccurate references due to renumbering; and some errors in punctuation
known as Scrivener's errors. Thus, on December 3, 2007 the City Council adopted the first
round of what are called Scrivener's errors. The items listed below are the second, and
hopefully the last round of Scrivener's errors. The proposed amendments do not include policy
or policy implementation changes.
ADDITIONAL SCRIVENER'S ERRORS PART 2
Commentary. Proposed changes are hiGhlighted. Revised text is underlined. [Ooleted text is
within brackets. with "striko out']
I 3.2-210 Schedule Of Use Categories
Commentary. "Day Care Center' was previously changed to "Child Care Center" to be
consistent with State regulations, but the "old SDC" listing for the use on collector and local
streets was inadvertently omitted. This is the only use in this Section that is being amended.
, ,
, ,
UseCategories/Uses
Residential Uses
Child Care Center -13 or more children (abuttinq a collector
or local street Section 4.7-125
Q
S*
~*
Commentary. Several footnotes are amended due to inadvertently deleted "old SDC" text
when creating the table and/or for clarity. The footnotes to the base zone development
standards are the only portion of this Section that is being amended.
I 3.2-215 Base Zone Development Standards
(1) 6.000 square feet in area for one duplex in the LDR District. This standard prohibits the division of
the lot/parcel to create separate ownership for each duplex dwelling unit.
(2) 10,000 square feet in area for one duplex in the LDR District as specified in this Section and
Section 4.7-140. This standard [is required to] allow2 for the future the division of the lot/parcel to
create separate ownership for each half of the duplex [dY:elling unit].
(3) The 45 percent coveraqe standard applies to covered structures only. On lotslparcels with more
than 15 percent slope or above an elevation of 670 feet, the maximum impervious surface inclusive
of structures, patios, and driveways, shall not exceed 35 percent, unless specified in Section 3.3-
500.
(14) In the MDR and HDR Districts. the buildinq heiqht may be increased to 50 feet as specified in
Subsection 3.2-240D.3.c.
I 3.2-235 Residential Manufactured Dwellings
Commentary. The text added was inadvertently deleted during the SDC Reformat Project.
The siting of manufactured dwellings in Low and Medium Density Residential Districts is permitted
subject to the provisions of this Section:
A. Manufactured Home - as a permitted use in manufactured home subdivisions,
manufactured dwelling parks and alllots/parcels zoned and designated Low and
Medium Density Residential provided that units placed on individuallots/parcels
outside of existinq platted manufactured home subdivisions shall be Type 1
classification and all density standards are satisfied. A Type 2 manufactured home
may be sited in manufactured dwellinq parks. interior lots of existinq platted
manufactured home subdivisions and in multi-family developments.
Commentary. This CI Section requires amendment because the Master Plan is required. The
Master Plan currently in SDC Sections 3.4-215 through 3.4-225 (the Glenwood Riverfront Plan
District) will be addressed during the Glenwood Refinement Plan amendment process. No
amendment is required for Section 3.2-630 (Mixed Use).
I 3.2-440 CI District - Conceptual Development Plans and Master Plans
A Conceptual Development Plan is required for all new CI Districts over 50 acres in size
approved after July 6, 2004, unless a Site Plan or Master Plan is proposed for the entire CI
District. A Master Plan [is requirod] may be submitted when phased deyelopments exceeding
[twe] ~ years in duration are proposed. A Master Plan shall comply with any applicable
approved Conceptual Development Plan or upon approval of a Master Plan or Site Plan for the
entire CI District, the Master Plan or Site Plan may supplant and take precedence over an
approved Conceptual Development Plan. Master Plan approval for a CI District site shall be as
specified in Section 5.13-100.
Commentary. Hotels were inadvertently omitted from the MUG use list. The intent to allow
hotels as a MUG use has been established by the following text in the Glenwood Riverfront Plan
District, specifically, Subsection 3.4-260B.4.c. under view protection: "Restaurants, outdoor
cafes, housing, public gathering places and hotels shall be oriented to available views,
especially views of the Willamette River, wherever possible."
I 3.2-610
Schedule of Use Categories
The following uses are permitted in the districts as indicated, subject to the provisions,
additional restrictions and exceptions specified in this Code. Uses not specifically listed may be
approyed as specified in Section 5.11-100.
"P" = PERMITTED USE subject to the standards of this Code.
"S" = SPECIAL DESIGN STANDARDS subject to speciallocational and siting standards to be
met prior to being deemed a permitted use (Section 4.7-100).
"D" = DISCRETIONARY USE subject to reyiew and analysis under Type III procedure (Section
5.9-100) at the Planning Commission or Hearings Official level.
"N" = NOT PERMITTED
SITE PLAN REVIEW SHALL BE REQUIRED for all development proposals within all mixed
use districts unless exempted elsewhere in this Code.
, '. . . " " , ..... Districts ' '
Catee:orieslUses MUC MUE MUR
Transient Accommodations . ,,' .
Bed and breakfast facilities (Section 4.7-120) p N S
Emergency shelter facilities N N P
Hotels (Section 4.7-180) S N N
Youth hostels p N N
Commentary. SDG Section 3.2-310 (under recreational facilities) lists non-alcoholic nightclubs
as a special use; Section 4. 7-205 limits where this use may be located. Section 3.2-610 (under
recreational facilities) lists this use and should have the same reference. This is the only use
under Recreational Facilities in this Section that is being amended.
I 3.2-610
Schedule of Use Categories
Districts
MUE MUR
P N
I 3.2-715 Base Zone Development Standards
Commentary. The Downtown Refinement Plan was amended in 2006. Specific setback
regulations in the Downtown Exception area were revised, but the SDC was never amended.
The following base zone development standards are established. The base zone development
standards of this Section and any other additional provisions, restrictions or exceptions specified
in this Code shall apply.
PLO Zonin DistrictRe uirement
Lot/parcel Coverage and
Planting Standard
Landsca ed Setbacks
Street Setback
Residential Pro ert Line
Parkin and Drivewa
Maximum Building Height
5
PLO District abuts
Residential District
15 feet
20 feet 6
5 feet
None, unless abutting a residential district
When a PLO District abuts a residential district, the maximum building
height shall be defined as the height standard of the applicable
residential district for a distance of 50 feet measured from the
boundary of the adjacent residential zoning district. Beyond the 50
foot measurement, there is no buildin hei ht limitation.
(1) Where an easement is larger than the required setback standard, no building or above grade
structure, except a fence, shall be built upon or over that easement.
(2) When additional right-of-way is required, whether by City Engineering standards, the Metro
Plan (including TransPlan), or the City's Conceptual Street Plan, setbacks are based on
future right-of-way locations. Dedication of needed right-of-way shall be required prior to the
issuance of any building permit that increases parking or gross floor area.
(3) Structural extensions may extend into any 5 foot or larger setback area by not more than 2
feet.
(4) In the Downtown Exception Area, there are no minimum setbacks for administratiye offices
and other public uses listed under Section 3.2-710.
(5) Incidental equipment may exceed the height standards.
(6) In the Downtown Exception Area, there shall be no minimum planted area except for parkinq
lots as specified elsewhere in this Code.
3.3-815 Schedule of Use Categories when there is an Underlying Residential,
Commercial, or Industrial District
Commentary. Development in the Urban Fringe -10 Overlay zone is limited. The proposed
amendments revises references to permitted development listed in Section 3.3-825. These are
the only uses in this Section that are being amended.
N
D*
D*
N
P*
P*
I 3.3-825 Additional Provisions
Commentary. Development in the Urban Fringe -10 Overlay zone is limited. The proposed
amendments to Section 3.3-815 were required due to the deletion of duplicative language in
current Subsection G. Therefore, Subsection H. becomes the "new" Subsection G. These are
the only items in this Section that are being amended.
[G. New permitted uses and expansions of pormittod us~s in commercial and industrial
districts shall demonstrate that the use will not gonorato singly, or in tho aggrogate,
additional nood for koy urban sorvicos.]
[H] G. RV. parks and campgrounds shall be located on land classified Public Land and Open
Space (PLO) and be subject to the specific development standards specified Section
4.7-220.
I 3.3-910 Applicability
Commentary. The Thurston Grange was inadvertently omitted from the Historic Landmark
Inventory list.
B. On the adopted Historic Landmark Inventory within the City or its urbanizing areas,
including the following individually designated Historic Landmarks:
Address
330 Main Street
346 Main Street
590 Main Street
ot 101 South A Street
1260 Main Street ,
214 Pioneer Pk . West
3362 Osa e Street
66 Street and Thurston Rd.
Commentary. The barbed wire standards apply in the residential, commercial and industrial
zoning districts, except as specified in notation (8).
Table 4.4-1
"...' . ."..'ec.. ", ':' Base Height by Zoning District
Yard TVDe '. Residential' ..' Commercial Industrial '" PLO MS
Front Yard (1) 6' (2) 6' 6'/8' 3 6' 6'
Street Side Yard (4) 6' 6' 6'/8' 3 6' 6'
Rear Yard 6' 6' 6'/8' 3 6' 6'
Heiaht Exceptions 8'1 10' (5) 8' 8' 6 8' N/A
Vision Clearance 2W 2W 2W 2W 2W
Area (7)
Barbedl Razor YOO YOO YOO Y/N (8) N
Wirel Electric
(1) The fence shall be located behind the front yard setback in all districts unless allowed in (2).
(2) Fences may be allowed within the front yard setback as follows:
(a) 4' high unslatted chain link - this standard does not apply to multi-family developments.
(b) 3' high sight obscuring fence.
(3) In the Campus Industrial District the base height standard is 6'. In all other industrial districts, the
base height standard is 8'.
(4) In the residential districts, a fence may be located along the property line. In all other districts, the
fence shall be located behind the street yard setback.
(5) Situations where the base fence height may be exceeded:
(a) 8' in residential, commercial and the PLO Districts for public utility facilities, school yards and
playgrounds, provided that the fence is located behind the front yard and street side yard
landscaped area and outside of the vision clearance area. Residential districts abutting these
facilities, railroad tracks or residential property side and rear yards abutting streets with 4 or
more travel lanes, may have fences of 8' along common property lines and right-of-way.
(b) 10' for residential properties abutting commercial or industrial districts along common
property lines, and around permitted storage areas in residential districts. Yards of single-
family homes shall not constitute permitted storage areas.
(c) In residential districts, any fence located within a required setback, and which exceeds the
allowable fence height for that setback by more than 20 percent, shall be reviewed under
Discretionary Use procedure for fences as specified in Section 5.9-100.
(6) Special standards in the Campus Industrial District:
(a) No fencing shall be permitted within 35' of a CI District perimeter or 20 feet of any
development area perimeter or within interior lotslparcels of development areas.
EXCEPTION: 3' maximum height decorative fencing or masonry walls may be permitted as
screening devices around parking lots.
(b) Chain link fences shall be permitted only when combined with plantings of evergreen shrubs
or climbing vines that will completely cover the fence(s) within 5 years of installation (as
certified by a landscape architect or licensed nursery operator).
(c) Painted fences shall match the building color scheme of the development area.
(7) No fence shall exceed the 2W height limitation within the vision clearance area as specified in
Section 4.2-130.
(8) Barbed wire, razor wire or electrified fencing shall be permitted atop a six foot chain link fence. The
total height of the fence and barbed wire shall not exceed 8'. These materials shall not extend into
the vertical plane of adjoining public sidewalks. Barbed wire or razor wire only fences are
prohibited. Electrified fencing shall be posted with warning signs every 24 feet.
EXCEPTIONS:
(a) In the PLO District in the Downtown Exception Area and in the MUC, MUE and MUR
Districts, no barbed razor wire or electrified fences shall be permitted.
(b) In the residential districts, barb-wire and electrified fencing on lots/parcels Jess than 20,000
square feet, and razor wire on any lot/parcel, regardless of size, shall be reviewed under
Discretionary Use procedure as specified in Section 5.9-100, using the criteria specified in
Subsection C., below.
Commentary. The term "drainage" should be "storm water" and the text added to Subsection 6.
is for clarity.
I 4.3-110
Stormwater Management
E. A deyelopment is required to employ [dr3inago] stormwater management practices
approved by the Public Works Director and consistent the Engineering Design
Standards and Procedures Manual, which minimize the amount and rate of surface
water run-off into receiving streams. The following [dr3in3go] stormwater management
practices may be required in order to relieve demand on the City's piped drainage
system and to alleviate future costs of treating the piped discharge; to promote water
quality, to preserve groundwater and the vegetation and rivers it supports, and to reduce
peak storm flows:
1. Temporary ponding of water;
2. Permanent storage basins;
3. Minimizing impervious surfaces;
4. Emphasizing natural water percolation and natural drainageways;
5. Preyenting water flowing from the street in an uncontrolled fashion;
6. Stabilizing natural drainageways as necessary below drainage and culvert
discharge points for a distance sufficient to convey the discharge without channel
erosion, as permitted/allowed by City, State and Federal requlations;
7. On-site filtration or skimming of run-off, which will enter natural drainageways to
maintain water quality; and
8. On-site constructed wetlands.
Commentary. The SDC does not exempt solar collectors from the building height limit. If a
developer wants to go solar we require them to submit a Minor Variance application, which is a
disincentive for energy conservation. The proposed text allows rooftop solar collectors as
"incidental equipmenr The definition of "Incidental Equipment" in Chapter 6 is also amended.
14.7-105
Accessory Structures
This Subsection regulates structures that are incidental to allowed residential uses to prevent
them from becoming the predominant element of the site.
A. Accessory Structure Groups. Accessory structures are divided into 3 groups based on
their characteristics. Accessory structures may be attached or separate from primary
structures.
1. Group A. This group includes buildings and covered structures for example,
garages, bedrooms or living rooms, including bathrooms that are not an
accessory dwelling unit as defined in Section 5.5-100, art studios, gazebos,
carports, greenhouses, storage buildings, boathouses, covered decks and
recreational structures. Agricultural structures as defined in this Code are
deemed Group A accessory structures if located on lots/parcels less than 2 acres
in size.
2. Group B. (Architectural extensions) This group includes uncovered, generally
horizontal structures for example, decks, stairways, in ground or above ground
swimming pools, tennis courts, and hot tubs.
3. Group C. (Incidental equipment) This group includes generally vertical structures
for example, flag-poles, trellises and other garden structures, play structures,
radio antennas, satellite receiving dishes and lampposts. This qroup also
includes rooftop solar collectors. Fences are addressed in Section 4.4-115.
Commentary. The amendment specifies that duplexes are permitted only on corner
lots/parcels in the LOR District. This is the only item in this Section that is being amended.
14.7-140 Duplexes
A. A duplex may be on located on corner lots/parcels of 6.000 square feet in the LDR
District. unless as may be permitted below. A corner duplex or duplex lotLparcel in any
residential district may be partitioned for the purpose of allowing independent ownership
of each dwelling unit, if each of the two resulting lots/parcels meets the size standards
specified in Section 3.2-215. Duplexes or duplex lots/parcels eligible for this type of
partition shall meet the partition standards of Section 5.12-100 and the following:
14.7-180
Mixed Use Districts
A. Specific development standards for the MUC District shall be the same as those
specified in Section 3.2-310 as an "S" use and listed in applicable Subsections of
Section 4.7-100, and the following:
EXCEPTIONS:
1. Drive-through uses may conflict with safe and convenient movement of
pedestrians and bicycles within MUC Districts. A drive-through use, for the
purposes of this Section, is defined as a business activity involving buying or
selling goods or provision of services wherever one of the parties conducts the
activity from within a motor vehicle. Facilities ~sually associated with a drive-
through usually involve queuing lines, service windows, service islands, and
service bays for vehicular use. Drive-through uses are therefore not permitted in
MUC Districts unless the use is incidental to a primary site use, and when
designed in conformance with the following standards:
a. The drive-through use shall be limited to service windows which are part
of a primary use structure, and no more than 2 queuing lanes.
b. Drive-up facilities shall be designed so that circulation and drive-up
windows are not adjacent to sidewalks or between buildings and the
street, to the maximum extent practicable.
2. Parking Lots and Parking Structures, Public and Private.
a. In MUC Districts, surface parking lots abutting public streets shall include
perimeter landscaping and shade trees as specified in Sections 3.2-315
and 4.4-100.
b. Parking structures located within 20 feet of pedestrian facilities, including,
but not limited to: public or private streets, pedestrian accessways,
greenways, transit stations, shelters, or plazas, shall provide a
pedestrian-scale environment on the fa<;ade facing the pedestrian facility.
One or more of the following techniques may be used:
i. Provide retail or office uses on the ground floor of the parking
structure facing the pedestrian facility;
ii. Provide architectural features that enhance the ground floor of a
parking structure adjacent to the pedestrian facility, for example,
building articulation, awnings, canopies, building ornamentation
and art; and/or
iii. Provide pedestrian amenities in the transition area between the
parking structure and pedestrian facility, including landscaping,
trellises, seating areas, kiosks, water features with a sitting area,
plazas, outdoor eating areas, and drinking fountains.
Commentary. Hotels in the MUC District require siting standards.
c. In MUC Districts. parkinq lots shall be located beside or behind buildinQs.
internal to the development on a site. ExistinQ or new outparcel buildinqs
between a larqe parkinq lot and the street shall be used to help define the
streetscape. and lessen the visual impact of the parkinq lot from the
street.
I 4.7-190 Professional Offices
Commentary. The MUC District is added to the list. The intent was to include all primary
commercial districts. This is the only item in this Section that is being amended.
A. Professional offices in residential district.s are permitted when:
1. The lots/parcels are adjacent to CC, MUC or MRC Districts; and
2. The majority of the square footage of the structure on the lot/parcel is not more
than 100 feet from CC. MUC or MRC Districts. Where public-right-of-way
separates the residential district from the commercial district, the right-of-way
width is not counted in the measurement.
I 5.1-120 Pre-Development Meetings
Commentary. This Section reflects amendments to the Master Plan review process in
Section 5. 13-100. The Pre-Application Report has been and still is required during the
Master Plan Review process. The Pre-Submittal Meeting is now required for the
Master Plan Review process in order to guarantee a complete application at the
initiation of the State mandated 120 day review time-line. These are the only items in
this Section that are being amended.
Pre-Development Options. The City has established three pre-development processes to assist
prospective applicants through the application review process:
B. Pre-Application Report. The purpose of the Pre-Application Report is to give a prospective
applicant the opportunity to discuss an entire development proposal with City Staff. This
meeting is recommended for large and/or complex proposals to avoid unanticipated costs
or delay during the formal application process.
EXCEPTION: The Pre-Application Report is required for a Master Plan application as
specified in Section 5.13-115.
C. The Pre-Submittal Meeting. The purpose of the Pre-Submittal Meeting is to provide an
opportunity for the property owner, applicant and the development team to meet with City
staff to determine that an application is complete for processing prior to formal submittal to
the City. A complete application will facilitate the review process. The Pre-Submittal
Meeting will examine key elements of the application, including but not limited to:
transportation, stormwater management, wastewater facilities, and landscaping. The Pre-
Submittal Meeting is mandatory for all Site Plan Review, Subdivision~ [aM] Partition and
Master Plan applications. The Pre-Submittal Meeting is required even if the meetings
specified in Subsections A. and B. have been utilized. Applications shall be reviewed by
the Director within 30 days of receipt to determine if they meet the requirements specified
in Section 5.4-105 and are complete.
I 5.3-115 Appeals of the Director's or Hearings Official's Type II Decision
Commentary. In Subsection C., who is required to receive the notice of decision is now clearer
and consistent with State regulations.
C. Notice. The Director shall provide notice of the public hearing to the property owner,
applicant, if different, the appellant and all persons [pro'.'iously noticed] who submitted
comments or requested notice of the decision as part of the process leading to the
Director's or Hearings Official's decision. The notice of the appeal hearing shall be as
specified in Section 5.2-115.
I 5.14-110 Review
Commentary. The term "Pre-Application Conference" in Subsection A was changed to
'Development Issues Meeting" in 2005, but this reference was not revised at that time.
A. A [Pre Application Conference] Development Issues Meetinq is encouraged prior to a
formal Metro Plan amendment application.
I 5.15-120 SDC Standards Applicable to MDS Approval
Commentary. Subsection H is amended to be consistent with the "old SDC" by adding
references to under grounding utilities (4.3-125) and to water service and fire protection (4.3-
130).
H. The development shall connect to public utilities as specified in Sections 4.3-105,4.3-110.1
[aM] 4.3-120. 4.3-125 and 4.3-130 and comply with the Springfield Building Safety Codes,
where applicable. Easements may be required as specified in Subsection 4.3-140.
I 5.15-125 Timelines and Conditions
Commentary. Two references are proposed to be changed requiring this Section to be
relettered.
The property owner and/or applicant shall comply with the standards specified in Subsection [f>.:.]
5.15-120 within 90 days of the Director's approval as follows:
A. Submittal of a Final Plot Plan within 30 days of the Director's approval that states the
starting date of all required improvements demonstrating compliance with all approval
conditions required to meet the standards specified in Subsection [D., bolow] 5.15-120.
Submittal of a Final Plot Plan shall include the following additional material, where
applicable:
1. The original recorded Improvement Agreement.
2. Any required ODOT Right-of-Way Approach Permit.
EXCEPTION: If the ODOT Right-of-Way Approach Permit cannot be obtained by
the time line specified in Subsection A., above, the Director may defer the submittal
of this document until the start of construction date specified in Subsection [A-4,.9]
C., below.
3. A copy of a recorded joint use access/parking agreement.
4. A copy of a recorded private easement or the original public utility easement.
[a] B. The signing of a Development Agreement by the property owner within 45 days of the
Director's approval of the Final Plot Plan.
[0] C. The construction of the required improvements shall begin within 90 days of the MDS
decision. If this time line cannot be met, the applicant may submit a written request for a
time line extension as specified in Subsection [8] D., below.
[8] D. The Director may allow a one-time extension of the 90-day start of construction time line
specified in Subsection [A:4:-b] C., above due to situations including but not limited to,
required permits from the City or other agencies, weather conditions, and the unavailability
of asphalt or street trees. If the time extension is allowed, security shall be provided as
specified in Section 5.17-150. The time line extension shall not exceed 90 days.
[G].E. If the time line established in Subsection [A:4:-b] C., above is not met and the applicant has
not requested an extension as specified in Subsection D., above, then the Director shall
declare the application null and void if the property is occupied and the property owner
shall be considered in violation of this Code.
[0] E. If the time line established in Subsection [A:4:-b] C., above is not met and the applicant has
requested an extension as specified in Subsection D., above and that time line as not
been met, then the Director may require that the improvements be installed as specified in
Subsection 5.17-150.
I 5.16-120 Submittal Requirements
Commentary. Duplicative language regarding submittal requirements for Property Line
Adjustments in Subsection B.3., is deleted. The remaining Subsections are renumbered
accordingly. Consent language is found in reformatted Section 5.4-105B.2., which applies to all
applications, but is lot listed in this document.
B. The following additional information shall be submitted with the Preliminary Survey:
1. A brief narrative explaining reason for the proposed Property Line Adjustment
and the existing use of the lots/parcels.
2. A copy of the current deeds for the lots/parcels.
[3. If the 3pp/ic3nt is not the property owner, 'Nritten permission from 311 property
owners is required.]
[4]~. A draft of the Property Line Adjustment deeds. For serial Property Line
Adjustments that are reviewed under Type II procedure, separate deeds shall be
prepared for each adjustment.
[6] 1. For serial Property Line Adjustments reviewed under Type II procedure, the
following shall be submitted:
a. A written explanation of the sequencing of adjustments; and
b. A diagram identifying each adjustment, in sequence, cross referenced to
the Property line Adjustment deeds required in Subsection 4., above.
I 5.20-120 Submittal Requirements
Commentary. The text proposed to be deleted in Subsection 5.j. is duplicative. Virtually the
same text is found in reformatted Subsection C. 1.
C. The application shall include:
1. A legal description of the public rights-of-way, easement or Plat to be vacated
prepared by an Oregon Licensed Land Surveyor or other professional approved by
the Director;
2. The reason for the Vacation;
3. The proposed use of the property after Vacation;
4. For citizen initiated Vacations of public rights-of-way or Partition and Subdivision
Plats, the petition of affected property owners;
5. A map prepared by an Oregon Licensed Land Surveyor or other professional
approved by the Director of the area proposed to be vacated. The map shall
show:
a. The date, north arrow, and standard scale;
b. The Assessor's Map and Tax Lot numbers of the affected properties and
adjacent properties;
c. A Vicinity Map on the Site Plan (Vicinity Map does not need to be to
scale );
d. All adjacent streets including street name, alleys, and accessways, and
right-of-way and paving widths;
e. All dimensions of existing public utility easements and any other areas
restricting use of the parcels, for example: conservation areas, slope
easements, access easements;
f. Existing dimensions and square footage of the lots/parcels involved;
g. Proposed dimensions and square footage of the lots/parcels involved
(applies to Vacations of undeveloped Subdivision Plats and right-of-way
Vacations);
h. For public easement and right-of-way Vacations, clearly show dimensions
of entire easement or right-of-way on or adjacent to the subject
lots/parcels. Also clearly show dimensions of that portion proposed for
Vacation, including square footage; and
i. For right-of-way Vacations, demonstrate compliance with the boundary
requirements of ORS 271.080 et seq.
fj. Tho log31 doscription of tho o3somont, right of W3Y or P13t, or portion
thoreof, proposed to be vacated.]
Commentary. The proposed new Section and text explains a part of the current vacation
process. Vacated right-of-way has always assumed the zoning of the abutting property.
I 5.20-140 Zoninq of Vacated Riqht-of-Wav
Vacated riqht-of-wav is incorporated into the abuttinq propertv, tvpicallv to the centerline.
However. in cases where onlv one abuttinq propertv dedicated riqht-of-wav. all the vacated
riqht-of-wav would be incorporated into that propertv. In anv case. the vacated riqht-of-wav
acquires the zoninq of the abuttinq propertv. without the need of a separate Zoninq Map
amendment.
CHAPTER 6 DEFINITIONS
Commentary. The Downtown Exception Area was modified during the Downtown Refinement
Plan approval process in 2006. The SDC was not amended at that time.
Downtown Exception Area. An area defined by the Willamette River on the west, [W] ~th Street
on the east, the alley between north B and north C Streets on the north, and a line north of the
Southern Pacific Railroad tracks on the south.
Commentary. The SDC does not exempt solar collectors from the building height limit. If a
developer wants to go solar we require them to submit a Minor Variance application, which is a
disincentive for energy conservation. The proposed text allows rooftop solar collectors and also
small satellite dishes as "incidental equipment". See also the amendment of Subsection 4.7-
105C, above.
Incidental Equipment. Rooftop or pole mounted structures that cast insubstantial shadows or
have minimal visual impact, including, but not limited to: antennas, chimneys solar collectors.
small satellite dishes and flagpoles, but excluding [solar colloctors 3nd] larqe satellite dishes
(See also Accessory Structure).
Commentary. The terms "major or minor" partition no longer apply. This definition is now
consistent with ORS 92.010(9).
Partition Plat. A final map and other writing containing all the descriptions, locations,
specifications~ provisions and information concerning a [major or minor] partition.