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HomeMy WebLinkAboutOrdinance 5737 05/02/1994 . . . 1 ORDINANCE NO. 5737 (GENERAL) AN ORDINANCE REVISING THE SPRINGFIELD DEVELOPMENT CODE BY AMENDING PORTIONS OF ARTICLE 16 RESIDENTIAL ZONING DISTRICTS; ARTICLE 18 COMMERCIAL ZONING DISTRICTS; ARTICLE 32 PUBLIC AND PRIVATE IMPROVEMENTS; ARTICLE 36 MANUFACTURED DWELLING STANDARDS; and APPENDIX 1 FEES AND DECLARING AN EMERGENCY. THE CITY COUNCIL OF THE CITY OF SPRINGFIELD FINDS THAT: 1. The Springfield Development Code (SDC) was adopted by the Springfield City Council on May 5, 1986, and amendments thereto were subsequently adopted by Ordinance. 2. On APRIL 20, 1994, the Springfield Planning Commission held a public hearing on this SDC amendment request (Jo, No, 94-04-70). The Springfield Planing Commission voted 4 to 0 to recommend approval of these amendments to the City Council. 3. Findings in support of adoption of these amendments to the SDC are set forth in the Staff Report and the Recommendation to the Council (Jo. No. 94-04-70) incorporated herein by reference. 4. Based on the above record and findings, the City Council concludes that the SDC amendments are consistent wi th the cri teria of approval as set forth the Staff Report and the Recommendation to the Council (Jo. No. 94-04-70) incorporated herein by reference. Now therefore, based on the above findings, THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS: Section 1: Section 16.020 is hereby amended as described below: USE CATEGORIES/ USES DISTRICTS LDR MDR HDR (10) Manufactured Dwellings (a) Manufactured dwelling park (Article 36) s* (b) Manufactured home (Article 36) P P (c) Manufactured home subdivision (Articles 35 & 36) P P (d) Mobile home (Article 36) P (e) Manufactured home as a temporary residential use (Article 36) s* (f) Residential trailers (Article 36) P ORDINANCE 5737 PAGE 1- Section 2: Section 16.030 is hereby amended as described below: . The minimum lot size in all residential districts shall be as follows: . (3) Exceptions shall be as follows: (b) In the residential districts, panhandle lots created through the Subdivision and Partition process shall have at least 6,000 square feet in the pan portion, exclusive of the driveway (panhandle), In the case of one single family dwelling, a single panhandle shall have a minimum of 20 feet of frontage. In the case of one or multiple duplexes, a single panhandle shall have a minimum of 25 feet of frontage. Except for panhandle driveways approved prior to June 1, 1994, triplexes, fourplexes and other multi-family dwellings shall not take access from panhandle driveways, In all cases, multiple panhandles shall have a minimum of 25 feet of frontage (two panhandles shall each have 12 1/2 feet of frontage per lot; three panhandles shall each have 8 1/3 feet of frontage per lot, and four panhandles shall each have 6 1/4 feet of frontage per lot), The paving width for a single panhandle driveway in the case of one single family dwelling shall be 12 feet; the paving width for all other panhandle driveways shall be 18 feet. This latter standard takes precedence over the driveway width standard for multiple family driveway width specified in Table 32-2. No more than 4 lots or 8 dwelling units shall be permitted to take primary access from panhandle driveways, Multiple panhandles shall be permitted only in cases where dedication of public right of way is impractical. No variance shall be granted from these standards, since they already are the minimum standards permitted. Section 3: Section 16.050 is hereby amended as described below: In all residential districts, each lot shall have setbacks of not less than the following sizes unless otherwise provided for in this Code: (3) Exception: A garage or carport shall be setback at least 18 feet (on average) measured from the property line abutting the street to the face of the garage or carport. When taking access from an alley, the garage or carport shall otherwise meet the rear and side yard setback standards of the primary structure. Section 4: Section 18.020 is hereby amended as described below: (3) Business and professional offices and personal services (Section 18.110(3): CATEGORIESI USES DISTRICTS NC CC HRC GO ( 11) Manufactured unit as a temporary construction office, security quarters or temporary general office (36,160(1), (3) and (4)) ORDINANCE 5lIL PAGE 2 S S S S . . . . Section 5: Section 32.010 is hereby amended as described below: (2) Specifications for the construction, reconstruction or repair of streets, alleys, sidewalks, transit stops, and accessways in land divisions and/or developments, curbs, gutters, construction of drainage facili ties, street trees and planter strips wi thin the public right-of-way and other public improvements within the City shall be in accordance with this Code, the Springfield Code, 1965 and the current Standard Construction Specifications on file with the City Engineer. Specifications for private street improvements shall be approved by the Public Works Director. Other pri va te improvements shall be as specified in this Code and/or approved by the Building Official. All applicable public and private improvements shall also meet current Americans with Disabilities Act standards, Section 6: Table 32-1 is hereby amended as described below: TABLE 32-1 (See Diagram 32-A) STREET RIGHT OF VAY AND CURB TO CURB VIDTHSPECIFICATIONS TYPE OF STREET MINIMUM RIGHT OF VAY MINIMUM CURB TO CURB Maj or Arterial Minor Arterial Collector 100' 70' 70' 76' 48' 36'*** , *** A center turn lane may be required for collector streets if there is the opportunity for multiple access points along the street, Section 7: Section 32.030 is hereby amended as described below: , (6) In residential subdivisions, streets shall have a mlnlmum curb radius at intersections of 25 feet. In commercial or industrial developments, streets shall have a minimum curb radius of 35 feet, or larger as determined by the Public Works Director, ORDINANCE 5737 PAGE 3- . DIAGRAM 32-A 48' Street cs . ~ w <1J w z z ~ ~ <( <( ~ <( ~ ~ <( 3: 3: w w w w 0 ~ ~ 0 IJ) OJ OJ IJ) - 5' -- 4.5'- - 6' 12' 12' 12' 6' - .... 4.5' - - 5'- .5 .5' 70' . ROW COLLECTOR / MINOR ARTERIAL TYPICAL Mlt:-JOR ARTERIAL STREET CROSS SECTION . ORDINANCE 5737 PAGE 4- . (9) Where necessary to provide access to encourage urban development of adjacent land, streets shall be extended to the most distant property line of that portion of the property proposed to be developed, parti tioned or subdivided to provide for the orderly development and/or division of adjacent land, or the transportation and access needs of the Ci ty and its urbanizable area. A City standard barricade shall be constructed at the developer's expense at the end of, and/or parallel to the street. (10) Additional Right of Way and Street Improvements. (c) In subdivisions, an approved performance bond or sui table substitute in a sufficient amount to ensure the completion of all required improvements, including the installation of sidewalks and accessways, prior to occupancy or Final Plat approval may be required. (12) Signs and Signals. (a) All traffic control signs, traffic signals pavement markings and street name signs shall be in conformance with the U.S. Department of Transportation's Manual of Uniform Traffic Control Devices for Streets and Highways (including Oregon Supplements), the Standard Construction Specifications and this Code. Section 8: Section 32.040 is hereby amended as described below: 32.040 SIDEVALK, ACCESSVAY AND PLANTER STRIP STANDARDS. . (1) Sidewalks and accessways shall be constructed, replaced or repaired in accordance with the Standard Construction Specifications and the provisions of this Code. Sidewalks shall be located as follows: (a) On both sides of minor arterial and collector streets, except as specified in Subsection (3) of this Section, and shall be built at the time of construction of new streets. (c) To provide safe, convenient and direct access for pedestrians and bicyclists to adjacent residential areas; transit stops; neighborhood activity centers, including schools, parks, shopping centers, and other commercial and industrial areas; or where required by adopted plans. The Director shall require the dedication and improvement of accessways to connec t to cul-de-sacs, or to pass through blocks. Public accessways shall be 20 feet wide with a 10 foot paving width (ei ther asphalt concrete or Portland Cement concrete) and planter strips of 4.5 feet to contain street trees and low planting materials approved by the Public Works Director. The Director shall also require improvements to existing unimproved accessways on properties abutting and adjacent to the property to be divided and/or developed, Where possible, the improvements to unimproved accessways shall continue to the closest public street or developed accessway. Where possible, accessways may also be employed to accommodate public utilities. . ORDINANCE ~ PAGE 5- (7) Planter Strips. . (a) In addi tion to planting required in accordance wi th Section 31.140 of this Code, planter strips may be required. The minimum width of planter strips shall be 4.5 feet. (8) Maintenance of sidewalks, accessways and planter strips, except for street trees, shall be the continuing obligation of the abutting property owner (in the case of accessways, maintenance shall be the continuing obligation of the abutting property owners) . Section 9: Section 32.050 is hereby amended as described below: In addition to required planting as specified in Section 31.140 of this Code, street trees shall be required for all developments approved under Type I, Type II, III, or IV procedure in accordance with the specifications of this Section. The intent is to have tree-lined streets throughout the City. (6) Existing street trees shall be retained unless approved for removal. during si te development or in conjunction wi th a street construction project. Any street tree removed shall be replaced where possible. It shall be the responsibility of the City to plan t and maintain any replacement tree. Whenever the property owner, lessee, occupant or person having the control or custody of any premises or unimproved property removes a tree wi thout the City's authorization, that person shall be responsible for reimbursing the Ci ty for the full value of the removed tree and replanting costs. . (9) Maintenance of street trees shall be performed by the City. Section 10: Section 32.060 is hereby amended as described below: (1) Street lighting design shall be in accordance wi th the Standard Construction Specifications. The placement of street lights shall be approved by the public Works Director. (2) Street lighting shall be included with all new developments. Existing street lights shall also be upgraded to current lighting standards with all developments as determined by the Public Works Director The developer shall be responsible for lighting installation costs. (3) A developer may choose to install decorative street lights, as indicated in the City of Springfield Standard Construction Specifica tions. If the developer does choose to install decorative street lights, one complete spare installation for every 10 lights required to be ins taIled (one minimum) shall be provided to include: a pole, base cover, globe, fixture and all required appurtenances. All spare decorative street light parts shall be delivered to the Springfield Utility Board, prior to City acceptance of all required improvements. ORDINANCE 5737 PAGE 6- . . . . Section 11: Section 36.160 is hereby amended as described below: A manufactured home, provided it meets City and State standards for safety and cons truc t ion of uni ts used for commercial purposes, may be commercially used in the following instances: (4) A manufac tured uni t , provided it mee ts Ci ty and S ta te standards for safety and construction for manufactured units, may be used as a permanent residence for employees of businesses or property owners in commercial districts when their presence is required for securi ty purposes by the employer 24 hours a day; provided the following conditions are implemented: (a) A permanent foundation shall be provided for the manufactured unit unless the manufactured unit will be used for less than 120 days. (b) The manufactured unit shall be removed from the premises within 30 days if the business requiring security personnel or the property owner ceases operation. (c) Foundation cover-skirting, landscaping, and backfill shall be required. (d) The manufactured unit shall be either a Type 1 or Type 2, ORDINANCE 5737 PAGE 7- . . . Section 12: Appendix 1, Fees is hereby amended as described below: DEVELOPMENT CODE FEE SCHEDULE Pre-Application Conference $150.00(#) TYPE I REVIEW Application Time Extension For Certain Improvements Lot Line Adjustment Partition Plat Subdivision Plat Manufactured Dwelling Park - Space Line Adjustment Manufactured Home - Temporary Residential Use $ 75.00(#) $100.00(#) $155,00(#) $250.00+10,OO/lot(#) $100.00 $155.00 TYPE II REVIEW Application Home Occupation Modification of Provisions HS Overlay District Development H Historic Overlay District Development HD Overlay District Development Site Plan Review Site Plan Review - Modification Partition - Tentative Plan Subdivision - Tentative Plan Manufactured Dwelling Hardship Manufactured Dwelling Park Solar Access Guarantee Tree Felling $ 25.00 $375.00 (**) $375.00 $375,00(*) $375.00+10.00/ac. $100.00 $375.00 $375.00+10.00/lot $ 50,00 $250.00+10.00/space $100.00 $155.00 (*) This fee only applies to land divisions in the Hillside Overlay District (Article 26) and is in addition to the land division review fee. (**) All development in the HS Overlay District that is subject to Site Plan Review shall be subject to the Site Plan Review fee. Some applications in this District may be subject to Discretionary Use approval and the addi tional fee charged for such application. In addition to the above fees, Type I (except as noted above with a #) and Type II applications are subject to separate charges of $50.00. In the case of concurrent applications, the Director may waive the lower or duplicate fee. ORDINANCE 5737 PAGE 8- TYPE III REVIEW . Application Discretionary Use/Site Plan Review Discretionary Use Expansion of Non-Conforming Use WG Overlay District Development Greenway Setback Line is established Greenway Setback Line is not established Variance Formal Interpretation Zoning/Overlay District Changes Demolition of Historic Landmark Conceptual Development Plan Appeal of the Director's Decision $ 250,00(**) $ 600.00 $ 600.00(*) $ 250.00(*) $ 600.00(*) $ 600.00 $ 375.00 $ 600.00 $ 300.00 $ 625,OO+10.00/ac. $ 100.00(***) (*) The fee charged for these applications includes the review of Discretionary Use cri teria and does not require separate Discretionary Use application. (**) This fee combines the cost of Site Plan Review and Discretionary Approval for churches, public agencies and those non-profit organizations which do not qualify for fee deferral under SDC 1.070(4). (***) State law limits appeals charges at $100.00 for individuals and -0- for recognized neighborhood associations. Fees are returned to appellants who succeed in having decisions overturned. TYPE IV REVIEW . Application Annexation Metro Plan Amendment: Minor Plan Amendment Major Plan Amendment Amendment of Refinement Plan Text, Refinement Plan Diagrams and Development Code Text Vacation Easements Rights-of-way, subdivisions and other public properties Appeal of the Planning Commission's Decision $ 310.00(#) $1,000.00 $2,500.00 $ 850.00 $ 300.00 $ 850.00 $ 100.00 (*) Fees are returned to appellants who succeed in having decisions overturned. In addition to the above fees (except as noted above with a #), all Type III and Type IV applications are subject to separate postage charges of $100.00. In the case of concurrent applications, the Director may waive the lower or duplicate fee. . ORDINANCE 5l3.L. PAGE 9 . . . . Section 13: It is hereby found and declared that matters pertaining to the amendment of the Springfield Development Code are matters affecting the public health, safety and welfare of the Ci ty of Springfield and that this Ordinance shall, therefore, take effect immediately upon its passage by the Council and approval by the Mayor. ADOPTED by the Common Council of the City of Springfield by a vote of L for and 0 against this 2nCldday of May, 1994. APPROVED by the Mayor of the City of Springfield this 2nd day of May, 1994. ATTEST: ~~ ~tJUkd? ~~ City Recorder Cl~V[ ;';:V\f:-::C. [l l\;'?~1~)\::~:J ~~-:O~l~J~. '.. ~_ _ .. - ~,~~ J.~.\f"~\ UP.TE: ~ 2~ _t:J'7~ OFFICE OF crrv ATTORI~EY CITY cr 8P;11~"jGFi~'_D ORDINANCE PAGE 10