HomeMy WebLinkAboutOrdinance 5764 11/07/1994
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ORDINANCE NO. 5764
AN ORDINANCE ADDING ARTICLE 37 MASTER PLANS TO THE SPRINGFIELD
DEVELOPMENT CODE SETTING FORTH PROVISIONS, STANDARDS AND PROCESSES
TO ALLOW PHASED DEVELOPMENT OF PUBLIC, COMMERCIAL, INDUSTRIAL OR
RESIDENTIAL lAND FIVE ACRES OR LARGER AND DECLARING AN EMERGENCY.
THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS:
Section 1. Article 37 Master Plans is hereby added to the Springfield Development Code as
described below:
37.010 GENERAL.
(1) A Master Plan is a comprehensive development plan that allows phased
development of a specific development area over several years in accordance
with the provisions of this Code for public, commercial, industrial or residential
development. By addressing public service impacts and development
requirements at the time of approval of a Master Plan, such impacts and
requirements need not be readdressed at subsequent phases and the developer
may rely on the Master Plan approval in implementing the development.
(2)
The purpose of a Master Plan is to:
(a) 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;
(b) Assure that individual phases of a development will be coordinated with
each other;
(c) Provide the applicant an assurance of the City's expectation for the
overall development as a basis for detailed planning and investment by
the developer.
(3) The Planning Commission or Lane County Hearings Officer 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 zone
change application, discretionary use application, variance application and any
other application or approval sought by the applicant related to the Master Plan.
(4)
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.
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(5)
Approval of a Master Plan shall be effective for up to seven (7) years; provided
however the approved Master Plan time limit may be extended pursuant to
Section 37.060, MODIFICATIONS TO THE MASTER PLAN AND SCHEDULE.
37.015 APPLICABILITY
The Master Plan process shall apply when initiated by an applicant when the following criteria
are met:
(1) The development area is under one ownership; or
(2) If the development area has multiple owners then all owners of record have
consented in writing to the Master Plan review process; and
(3) The development area is five acres or greater.
Notwithstanding the foregoing, the Director may determine that the proposed development
is inappropriate as a Master Plan and the application will not be accepted.
37.020 REVIEW.
(1 )
Master Plans shall be reviewed under Type III
procedure.
(2)
A preapplication review is required prior to submittal of an application for
Master Plan Approval.
(3) Pursuant to Section 3.050, a complete application together with all required
materials shall be accepted by the Director prior to review of the request.
37.030 MASTER PLAN SUBMITTAL REQUIREMENTS
A Master Plan shall contain all of the elements prepared in a clear and legible manner
necessary to demonstrate that the requirements of this Code are being fulfilled and shall
include but not be limited to the following:
(1) Existing Metro Plan designation and zone classification.
(2) A vicinity map drawn to scale on a street base map.
(3) A legal description of the property together with a map drawn to scale
depicting the legal boundaries of the subject property.
(4)
Topography map and narrative depicting present uses of the land, existing
structures, roads, significant vegetation, wetlands, drainageways and other
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relevant natural and man-made features.
(5)
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.
(6) The density or intensity of proposed uses.
(7) The maximum height and size of proposed structures.
(8) 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.
(9) 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.
(10) The Director may require additional information necessary to evaluate the
proposed development including but not limited to an ESEE analysis, geology,
soils, stormwater, sanitary, tree preservation, historical, archaeological, and
traffic impact. All related maps except vicinity and detail maps shall be at the
same scale.
(11) Provisions, if any, for reservation, dedication, or use of land for public
purposes, including rights of way, easements, parks, open spaces, and school
sites.
(12) An overall schedule or description of phasing; and the development to occur in
each phase. If phasing alternatives are contemplated, these alternatives should
be described.
(13) 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.
(14) Designation of responsibility for providing infrastructure and services.
(15) A general schedule of annexation consistent with the phasing plan if applicable.
37.040 CRITERIA
A Master Plan may be approved if the Planning Commission or Hearings Officer finds that the
proposal conforms with all of the following criteria. In the event of a conflict with criteria in
this subsection, the more specific requirements shall apply.
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( 1 )
The zoning of the property is consistent with the Metro Plan Diagram and/or
applicable refinement plan diagram;
(2)
The request as conditioned conforms to the applicable Springfield Development
Code requirements, Metro Plan policies, functional or refinement plan policies,
applicable state statutes and administrative rules. The requirements of this
criterion may be modified by the more specific requirements implementing
Metro Plan policies, refinement plan policies, state statutes or administrative
rules.
(3) Proposed on-site and off-site public and private improvements 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.
(4) The request provides adequate guidance for the design and coordination of
future phases;
(5) Inventoried natural resources, wetlands, open space areas, archaeologic and
historic features are evaluated and considered consistent with the Oregon
Administrative Rule procedure for Statewide Planning Goal 5; and
(6) Local public facilities plans and local street plans will not be adversely impacted
by the proposed development.
37.050 CONDITIONS OF APPROVAL.
In addition to any applicable Discretionary Use conditions, the Planning Commission or
Hearings Officer may attach other conditions as may be reasonably necessary to minimize
negative impacts in accordance with this Code to ensure that the proposed development can
fully meet the criteria of Section 37.040 of this Article, and may require guarantees and
evidence that such conditions will be complied with as a condition of use. Additionally, the
conditions of approval may contain any conditions necessary to implement the provisions of
Section 37.030 including a schedule of fees and charges, a schedule of compliance review
and the extent to which the Master Plan is assignable.
37.060 MODIFICATIONS TO THE MASTER PLAN AND SCHEDULE.
Applications for phase approval which are in substantial conformity with an approved Master
Plan shall not be deemed a modification. Modifications to the Master Plan must be processed
under the applicable procedures described below to amend the Plan:
(1) Those modifications that do not affect the basic underlying assumptions of the
adopted Master Plan and which are not determined to be similar to (2) or (3)
below shall be processed as ministerial decisions by the Director.
(2)
Those modifications that are significant but do not affect the basic underlying
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assumptions of the approved Master Plan shall be processed under a Type II
procedure. The changes include:
(a) Request by the applicant for a change of density allocation within the
density range allowed in the applicable zoning district;
(b) Request by the applicant for a change to the alignment or right of way
requirements of local streets;
(c) Request by the City or applicant for a change to the sizes or location of
public facilities;
(d) Request 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;
(e) Requests for Master Plan amendments initiated by the City based on the
requirement to implement newly adopted state or federal regulations;
(f) A request by the applicant for a one time extension of the approved time
limit for up to 3 years. Such extensions shall be granted provided the
applicant has made reasonable progress in the implementation of the
Master Plan and public services and facilities remain available;
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(g)
A request 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
(h) Other changes to the final approved Master Plan as requested by the
applicant that the Director determines to be similar to the modifications
set forth in this subsection.
(3) Those modifications which affect the underlying basic assumptions of the
approved Master Plan or that prohibit, restrict or significantly affect its
implementation shall be processed under the Type III procedure, and include:
(a) Zone Change or Discretionary Use applications initiated by the applicant;
(b) Requests for re-alignment or re-designation of arterial or collector streets
initiated by the applicant;
(c) Inability of the City or the applicant to provide essential public
infrastructure;
(d) Requests for Master Plan amendments initiated by the City based on the
requirement to implement newly adopted state or federal regulations;
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(e)
A request by the applicant for extension of the time limit of the Master
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Plan beyond the approved time limit specified in Section 37.010(5) or
the extension permitted in Section 37 .060(2)(f), but in no case shall the
extension exceed 1 5 years from the original Master Plan approval date;
or
(f)
Other changes to the final approved Master Plan as requested by the
applicant that the Director determines to be similar to the modifications
set forth in this subsection.
37.070 ASSURANCE TO THE APPLICANT
(1 ) Approval of the Master Plan shall assure to the applicant the right to proceed with the
development and substantial conformity with the Master Plan, subject to such changes
as may be approved pursuant to Section 37.060. Changes to ordinances, policies and
standards adopted after the date of approval of the Master Plan shall not apply to the
development.
(2) Phase approvals shall occur through the subdivision review process, Article 35, or the
site plan review process, Article 31, as applicable.
(3)
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 shall be granted
subject to the terms and conditions of the Master Plan, but subject to the applicable
Development Code provisions and City ordinances on issues which the Master Plan
does not address.
(4) Notwithstanding the preceding provision, the city is not obligated to provide public
improvements affecting implementation of the Master Plan if public funds are not
available.
(5) The City is not required to approve development of any phase described in the Master
Plan if such approval violates applicable Federal or State statutes or administrative
rules.
(6) The approved Master Plan shall be recorded at Lane County Deeds and Records and
the original returned to the City.
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Section 2: The recommendation of the Springfield Planning Commission, Order No. 94-09-
1 61, has been reviewed and is hereby adopted in support of the adoption of these
amendments as Attachment C.
Section 3: While not just a part of this Ordinance, Findings in Attachment D are adopted in
suport of this decision.
Section 4: 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 independent provision and such holding shall
not affect the validity of the remaining portions hereof.
Section 5: It is hereby found that matters effecting standards and processes to allow phased
development of public, commercial, industrial or residential land five acres or greater are
matters affecting the public health, safety and welfare of the City of Springfield, and this
ordinance shall take effect immediately upon its passage by the Council and approval by the
Mayor.
ADOPTED by the Common Council of the City of Springfield this 7th day of November, 1994
by a vote of 6 for and 0 against.
ATTEST:
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Ordinance No. 5764
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. ATTACt~MENT C
THE PLANNING CO~1ISSION
OF THE
CITY OF SPRINGFIELD, OREGON
: REQUEST .FOB CODE TEXT
. ~. . -}~}1ENDMENT' --APPROVAL -.
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JO: NO. 94-08-161
. F.INOINGS:~.' CONCLUSTON. _
AND RECb~lliENDATION
NATURE OF THE APPLICATION
The application \is for approval of an amendmeht to the springfield
Development Code adding Article 37 Master, Plan and establishing a
fee of $750.00 for master plan applications.
RELEVANT FACTS, CRITERIA AND FINDINGS
1.
The application was initiated and submitted in accordance with
section 3.050 of the springfield Development Code. Timely and
sufficient notice of the Public Meeting, purs~ant to Section
14.030 of the springfield Development Code, has been provided.
2. On September 21, 1994 a public hearing on the Code Text
Amendment request was held. The Development Services
Department staff notes and recommendations together with the
testimony and submittal of the applicant and other persons
testifying at the hearing have been considered and are part of
the record of this proceeding.
CONCLUSIONS
On the basis of this record, the Code Text Amendment request is
consistent with the applicable criteria set forth in section 8.030
(1)-(3) of the springfield Development Code. This general finding
is supported by the specific findings of fact and conclusions set
out in the findings of fact adopted sept~mber 21, 1994 (Exhibit A)
and attached hereto.
RECOMJ"IENDATION
It is RECOMMENDED by the Planning Commission of Springfield, th.at
Journal Number 94 -08-161, Code Text J:>.mendment for Article 37 I'Jaster
Plans and Fee, be forwarded to the city Council for APPROVAL.
THIS RECOr1MENDATION was presented to and approved as amended by the
Planning commission on september 21, 1994.
ATTEST
AY.~S ~ .5
NOES: p
ABSENT: -:L-
ABSTAIN: f5
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~TTACfi'~MENT D
DEVELOPMENT CODE AMENDMENT
~O. NO. 94-08-161
EXHIBIT-A
STAFF REPORT AND FINDINGS
I. APPLICANT _
The applicant" is ~he city of Sp~ingfield.
IT . REQUEST
The applicant requests approval of amendments to the springfield
Development Code (SDC) to add provisions "for ~eview of master plans
and ~n application fee of $750.00. -.
III. APPLICATION
The provisions of Article 37 Master Plans would apply to any large
residential, commercial, industrial or public development when
initiated by the applicants or Director under certain conditions.
IV. BACKGROUND
In 199-3 the Oregon Legislature enacted HB3045 authorizing a city or
county to enter into a long term development agreement with any
person having legal or equitable interest in real property for
development of that property. -The development agreement must be
approved in a public hearing and the duration of the development
agreement is seven years (7) years. The agreement specifies
proj ect phasing, approvals necessary to complete construction,
specify the underlying assumptions related to the approval, and
specify the City's ability to serve the development.
Concurrently, the City was presented two large phased developments:
MountainGate and Sony. These developments are large single owner
projects involving long term commitments to develop the land in
phases over many years. -- The owners submitted "master plans" for
review in conjunction with their, first phases. MountainGate
Company desired master plan approval, however, the city had no
process for reviewing and approving master plans for any large
development. -
Using the recently enacted provisions of HB3045 in conjunction with
master plan ordinances from Lake Oswego and Washington County,
Oregon, staff drafted Article 37, Master Plans.
V.
CRITERIA FOR DEVELOPMENT CODE AMENDMENT APPROVAL
Pursuant to Article 8.30 of the Springfield Development Code, in
reaching a decision on this action, the Planning commis~ion and the
city council shall adopt findings which demonstrate conformance to
the fdTlowing criteria:
(1) The Metro plan:
(2) Applicable state Statutes; and ,
(3) ~pp.licable stc:-te-wide .pl?nning Goa~s and Administ~ati ve Rules.
(1) Con'formance with the Metro Plan,'
The. fourth fundamental principle of the' Metro Plan (page 11-1)
requires that implementation techniques shall generally be
consistent with the precepts established in the Metro Plan. The
proposed Code amendment is generally consistent with the Metro Plan
in that' is facilitates development within, the adopb:hd urban growth
boundary in a comprehensive manner, utilizing urban and urbanizable
land efficiently as required by the Growth Management goal on page
II-B-2. The Metro Plan does not specifically address an arcane
issue like ,master plans and phased developments. . However, one
Metro' Plan policy does relate to implementation of residential
development in conjunction with coordination of adequate services
and may be related to this amendment:
Residential Land Use and Housinq Element, Policy 1, page II-A-4,
"Coordinate new residential development with the provision of an
adequate level of services and facilities, such as sewers, water,
transportation facilities, schools and parks.eI
The proposed amendment would allow a comprehensive review of large
phased developments providing for the timing and funding of
adequate services over the period of phasing. Currently,
subdivision approval is effective for only two years. This limits
the size of development that can be realistically platted in the
short term, and discourages long term phased developments. The
existing review process does not lend itself to comprehensive
review of long term, phased projects. Consequently, an inclusive
review of all the services needed for a phased development, and 'the
sequencing of the services in conjunction with a phase plan, can
not be effectively accomplished under the current code provisions.
Assurance for either the city or the applicant can not be made that
development will proceed as planned or that services will be
provided as needed for each phase. The best that' can be
accomplished under the existing provisions is review and approval
of phases that can be platted in two years. Since platting
requirements necessitate the construction of all public
improvements at the expense of the applicant, the applicant will
not plat more than the market will absorb. subsequent phases must
begin the review process anew. The master plan approval will give
the applicant assurance of the city's expectation for an overall
phased development as a basis for detailed planning and investment.
staff finds the proposed amendment conforms to ~he Metro Plan.
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( 2 )
Applicable state statutes
Chapter 780 of the Oregon Revised statutes relates to development
agreements. Section 3.(1) allows cities or counties to -adopt by
ordinance agreement provisions \.,rhich establish procedures and
requirements for the consideration of phased developments. The
statute specifies that an agreement must be approved in a noticed
public hearing. section 1. (1) sets forth the cr iter ia for an
agreement including the duration (seven years), responsibilities
for provision of services, permitted uses, density, compliance
schedule-and the extent to which the approval is assignable.
".Th~ Ci~y has used this statute as the basis f6r developing the
master plan review and approval process. However, the City is not
proposing "that master plan approval be in the form of a development
agreement. The City already utilizes development agreements in a
more limited manner to implement site plan approvals. The proposed
master plan process is a quasi-judiciallY approved land use
decision approved by the Planning commission or Hearings Officer
and is more akin to a zone change approval than a development
agreement. The proposed amendment does not conflict with any state
statute, and in fact, uses a related state statute as a basis for
~ developing the structure of the amendment. Staff finds the
proposed amendment conforms to applicable state statutes.
(3) Applicable statewide Goals and Guidelines
This amendment does not rise to the level of statewide goal
signlficance. It is merely an enhancement of the existing
subdivision and site plan review processes to allow for a more
comprehensive review of large phased developments. Staff finds
that no statewide goals or guidelines apply.
IX. DISCUSSION
All the applicable requirements of the Metro Plan, state statutes,
Statewide Goals and Guidelines, and the Springf ield Development
Code will be met and applied during implementation of the proposed
master plan approval process.
IV. RECOMMENDATION
The proposal is consistent with the criteria for approval pursuant
to Article 8, ADOPTION OR j\MENDI1ENT OF REFINEI1ENT PLAN TEXT OR
REFINEMENT PLAN DIAGRA11S AND DEVELOPI'-1ENT CODE TEXT, of the
Springfield Development Code. Staff- recommends that the Planning
Commission consider recommending approval of this proposal to the
City Council at their October 17, 1994 meeting.
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10.600-10
Lane Code
10.600-15(2)
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-10 Sprinqfield Urban Growth Boundary. The City of Springfield
shall have the responsibility and the authority to
administer its land use regulations on urbanizable land within the
Springfield Urban Growth Boundary. For the purpose of this
subSEction, the following words and phrases shall mean: _
(1) Springfield Urban Growth Boundary. All land within the
Urban Growth Boundary, as defined by the Eugene-Springfield
Metropolitan Area General Plan on November 21, 1989, or as amended
thereafter on the effective date of any Pl an amendment enacted by
Lane County, east of 1-5, excluding the area known as Glenwood
(bounded on the north and east by the Willamette River and the west
and south by 1-5).
(2) Urbanizable Land. Urbanizable lands, as defined by the
Eugene-Springfield Metropolitan Area Plan, are those unincorporated
lands between the Springfield City Limits and the Springfield Urban
Growth Boundary.
-15 Applicable Land Use Requlations. Lane County has adopted the
following land use regulations to be applied by Spring-
field on urbanizable land within the Springfield Urban Growth
Boundary;
(1) The Spri ngfi e 1 d Development Code adopted by the Lane
County Board of Commissioners as part of Ordinance No. 16-86, and
amended by Ordinance Nos. 5-89, 18-90, 9-91, 13-91, 14-92, 5-93 and
13-94.
(2) Copies of these applicable land use regulations shall be
on file at the Lane County Land Management Division.
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16-86,11.24.86
5-89; 5.31.89
11-89; 11. 21. 89
18-90; 12.19.90
9-91; 9.20.91
13-91; 9.25.91
14-92; 1.8.93
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10-358
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LEGISLATIVE
FORMAT
Underlining _ indiUlles material being added
13rackcts [ ] indicate material being deleted
10.600-10
Lane Code
10.600-15(2)
-10 Sprinqfield Urban Growth Boundary. The City of Springfield
shall have the responsibility and the authority to
administer its land use regulations on urbanizable land within the
Spn-ngfield Urban Growth Boundary. For the purpose of this
subsection, the following words and phrases shall mean:
(1) Sprinqfield Urban Growth Boundary. All land within the
Urban Growth Boundary, as defined by the Eugene-Springfield
Metropolitan Area General Plan on November 21, 1989, or as amended
thereafter on the effective date of any Plan amendment enacted by
Lane County, east of 1-5, excluding the area known as Glenwood"
(bounded on the north and east by the Wi 11 amette Ri ver and the west
and south by 1-5).
(2) Urbanizable Land. Urbanizable lands, as defined by the
Eugene-Springfield Metropolitan Area Plan, are those unincorporated
lands between the Springfield City Limits and the. Springfield Urban
Growth B~undary.
-15 Applicable Land Use Requlations. Lane County has adopted the
following land use regulations to be applied by Spring-
fi e 1 d on urban i zab 1 e, 1 and wi th i n the Spri ngfi e 1 d Urban Growth
Boundary.
(1) The Spri ngfi e 1 d Development Code adopted by the Lane
County Board of Commissioners as part of Ordinance No. 16-86, and
amended by Ordinance Nos. 5-89, 18-90, 9-91, 13-91, 14-92~[ and] 5-
93 and 13-94.
(2) Copies of these applicable land use regulations shall be
on file at the Lane County Land Management Division.
16-86, 11.24.86
5-89; 5.31.89
11-89; 11. 21. 89
18-90; 12.19.90
9-91; 9.20.91
13-91; 9.25.91
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