HomeMy WebLinkAboutOrdinance 5819 04/15/1996
ATTACHMENT 2
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ORDINANCE NO. 5819
(EMERGENCY)
AN ORDINANCE AMENDING THE SPRINGFIELD DEVELOPMENT CODE ARTICLE 38 TREE
FELLING STANDARDS AND APPENDIX 1 DEVELOPMENT CODE FEES AND DECLARING AN
EMERGENCY.
THE CITY COUNCIL OF THE CITY OF SPRINGFIELD FINDS mAT:
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 2, 1996, the Springfield Planning Commission held a public hearing on this
SDC amendment request (Jo. No. 96-03-60). The Springfield Planning Commission voted ~ in favor
and -1L opposed, 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. 96-03-60) incorporated herein by reference.
4. Based on the above record and findings, the City Council concludes that the SDC
amendments are consistent with the criteria of approval as set forth in the Staff Report and
Recommendation to the Council (Jo. No. 96-03-60) incorporated herein by reference.
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Now therefore, based on the above findings,
THE CITY OF SPRINGFIELD CITY COUNCIL DOES ORDAIN AS FOLLOWS:
Section 1: Section 38.010(2) is hereby amended as described below:
(2) Except as provided in Subsection (3) of this Section, no person may fell more than 5 trees 5" dbh or
larger within a single calendar year from a lot or abutting lots of private or public property under common
ownership consisting of 10,000 square feet or more of total area without a permit except lots within
approved developments which have building envelopes and a Tree Protection Plan.
Section 2: Appendix 1, Type II Review, is hereby amended with the following additions as
described below:
Expedited Land Division
$1,600.00(***)
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(***) The fee for an Expedited Land Division (ELD) includes $600 to defray the costs of a Hearings
Official in the event the decision is appealed. If the decision is not appealed, the applicant for the ELD
shall be refunded $600. A separate postage fee of $100.00 is also required for an ELD.
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Section 3: 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 City of
Springfield and that this Ordinance shall, therefore, take effect immediately upon its passage by the
Council and approval by the Mayor.
Ordinance No.
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ADOPTED by the Common Council of the City of Springfield by a vote of ~ for and
~against this 15t&y of April, 1996.
APPROVED by the Mayor of the City of Springfield this15th day of April, 1996.
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Mayor
ATTEST:
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City Recorder
~,l;,:V~[;;WE:D {1 APPROVED
{'oS TO FORM
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OFFICE OF CiTY ATTORNEY
ClTV ~)r- SPRINGFIELD
Ordinance No. 5819 2
ATTACHMENT 3
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BEFORE THE PLANNING COMMISSION
OF THE
CITY OF SPRINGFIELD
REQUEST FOR AMENDMENT OF THE ]
SPRINGFIELD DEVELOPMENT CODE ]
TO AMEND ARTICLE 38 AND ]
APPENDIX 1 ]
Jo. No. 96-03-60
RECOMMENDATION
TO THE CITY COUNCIL
NATURE OF THE APPLICATION
The City is proposing to amend the following: ARTICLE 38 TREE FELLING STANDARDS AND
APPENDIX 1 DEVELOPMENT CODE FEES.
1. On March 14,1996, the following amendment application was initiated:
City of Springfield - Jo. No. 96-03-60
2. The application was initiated and submitted in accordance with Article 3 of the Springfield
Development Code. Timely and sufficient notice of the public hearing, pursuant to Section 14.030 of the
Springfield Development Code, has been provided.
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3. On April 2, 1996, a public hearing to amend the Springfield Development Code was held.
The Development Services Department staff notes and recommendation together with the testimony and
submittals of the persons testifying at that hearing have been considered and are part of the record of this
proceeding.
CONCLUSION
On the basis of this record, the requested amendment application is consistent with the criteria of Section
8.030 of the Springfield Development Code. This general finding is supported by the specific findings of
fact and conclusions in the attached staff report.
RECOMMENDATION
The Planning Commission hereby recommends the City Council amend the Springfield Development
Code as indicated above.
Planning Commission Chairperson
ATTEST
AYES:
NAYS:
ABSENT:
ABSTAIN:
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RECOMMENDATION TO COUNCIL - 1
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FINDINGS IN SUPPORT OF JOURNAL NUMBER 96-03-60
SPRINGFIELD DEVELOPMENT CODE AMENDMENTS
Criteria of approval for amendments to the Springfield Development Code (SDC)
Amendments to the Springfield Development Code must be based on conformance to the following
criteria:
(1) The Metro Plan;
(2) Applicable State Statutes; and
(3) Applicable State-wide Planning Goals and Administrative Rules.
The amendments proposed in the attached Ordinance are intended to: 1) clarify the threshold size for tree
felling subject to a permit; and 2) establish a fee for the Expedited Land Division application. The
former amendment will implement a clear and objective standard intended to compliment certain
elements of State-wide Planning GoalS Natural Resources and the Metro Plan's Environmental
Resources Element, Willamette River Greenway, River Corridors, and Waterway Elements and the
Environmental Design Element. The latter amendment is a specific requirement ofORS 197.380 and
has no relevant corollary in Metro Plan policies, State-wide Planning Goals or Administrative Rilles.
Criteria (1) Conformance with the Metro Plan;
The SDC is a primary tool to implement the Metro Plan. Establishing a threshold diameter at breast
height for tree felling permit requirements is instrumental in implementing the following Plan policies:
1. Springfield, Lane County, and Eugene shall consider downstream impacts when planning for
urbanization, flood control, urban storm runoff, recreation, and water quality along the Willamette and
McKenzie Rivers. (III -C-7)
14. Metropolitan goals relating to scenic quality, water quality, vegetation and wildlife, open space, and
recreational potential shall be given a higher priority than timber harvest within the urban growth
boundary. (III-C-9)
18. Local governments shall develop plans and programs which carefully manage development on
hillsides and in water bodies and restrict development in wetlands in order to protect the scenic quality,
surface water and groundwater quality, forest values, vegetation, and wildlife values of those areas. (III -C-
9)
26. Eugene shall maintain and improve and Springfield shall adopt hillside development regulations.
(III-C-IO)
2. Lane use regulations and acquisition programs along river corridors and waterways shall take into
account all the concerns and needs of the community, including recreation, resource, and wildlife
protection; enhancement of river corridor and waterway environments; potential for supporting
nonautomobile transportation; opportunities for residential development; and other compatible uses. (III-
D-4)
5. New industrial development that locates along river corridors and waterways shall be limited to uses
that are compatible with the natural, scenic, and environmental qualities of those water features. (II1-D-4)
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2. Natural vegetation, natural water features, and drainageways shall be protected and retained to the
maximum extent practicable, considering the economic, social, environmental, and energy consequences
in the design and construction or urban developments and landscaping shall be utilized to enhance those
natural features. (II1-E-3)
4. Public and private facilities shall be designed and located in a manner that preserves and enhances
desirable features oflocal and neighborhood areas and promotes their sense of identity. (III-E-3)
Criteria (2) Conformance with Applicable State statutes;
ORS does not regulate tree felling within adopted urban growth boundaries.
ORS 197.380 specifies the following: "Within 120 days of September 9, 1995, each city and county shall
establish an application fee for an expedited land division. The fee shall be set at a level calculated to
recover the estimated full cost of processing an application, including the cost of appeals to the referee
under ORS 197.375, based on the estimated average cost of such applications." The attached fee analysis
provides a cost estimate of the average cost to process minor partition and subdivision applications. The
proposed fee, including estimate of Hearings Official costs, and postage, is consistent with the
requirements of this statute.
Criteria (3) Conformance with Applicable State-wide Planning Goals and Administrative Rilles.
The objective in establishing a threshold size for tree felling subject to a permit is to ensure that the
benefit provided by the trees in regard to erosion control, water quality, wildlife habitat and scenic values
is not diminished without purpose. Development as specified in the Plan can occur, but not without
adequate evaluation of the consequences of tree removal and, in many cases, preservation of trees. In this
regard Goal 5 Open Spaces, Scenic and Historic Areas, and Natural Resources, Goal 7 Areas Subject to
Natural Disasters and Hazards, Goal 8 Recreational Needs, Goal 9 Economic Development, Goal 11
Public Facilities and Services, and Goal 15 Willamette River Greenway are all served by an urban tree
felling ordinance.
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