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HomeMy WebLinkAboutOrdinance 6023 09/16/2002 . - '=~. IV .; ~ ORDINANCE NO. 6023 (Special) ) AN ORDINANCE ESTABLISHING LIENS FOR INSTALLATION OF PAVING, CURBS AND GUTTERS, SIDEWALKS, STORM DRAINAGE, STREET LIGHTS, AND STREET TREES, FOR WATER STREET, FROM F TO G STREETS,AND M TO N STREETS, AND F STREET FROM KELLY BOULEVARD TO WATER STREET, AND VICINITY, PROJECT #P20 1 00, IN THE CITY OF SPRINGFIELD, LANE COUNTY, OREGON AND DECLARING AN EMERGENCY. THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS: Section 1: In accordance with Section 3.004 of the Springfield Municipal Code, an engineer's report, for street improvements to serve Water Street, from F to G Streets, and M to N Streets, and F Street from Kelly Boulevard to Water Street, and vicinity, Project #P20100, was filed in the office of the Finance Director on April 10, 2001, and accepted by the Common Council ofthe City of Springfield as Ordinance No. 5981 on April 16, 2001, for the total area more particularly described in Exhibit "A", attached, and is by reference hereto incorporated herein and made a part of this ordinance. Owners of benefited property and all interested persons were invited to appear at a public hearing on September 16,2002. Section 2: The total cost of the improvement construction, based upon the contract awarded, was $288,948.39. The City will pay, ~s its share of said construction, the sum of $210,768.39. The remaining balance of $78, 180.00 is hereby assessed against the property benefited by the improvement and in the reputed ownership of persons named as follows: (See Exhibit "A") Section 3: The council hereby declares the assessments set forth to be liens upon the property and orders the Finance Director to enter the liens in the City lien docket to be collected in accordance with existing statutory provisions governing assessments for City improvements. The lien docket entry shall include a complete legal description of the property assessed, the name of the reputed owner or owners, the amount of the assessment, and the number of this authorizing ordinance. Section 4: It is hereby found and determined by the Common Council, tha't matters pertaining to public improvements, and assessments therefore, are matters affecting the public health, safety and welfare, and that an emergency therefore exists, 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 5 against this 16th day of September 2002. in favor and 0 APPROVED by the Mayor of the City of Springfield this 16th day of ,2002. A~,~ City Recorder September r f~ '1ft REVIEWED t. MP~OY@D AS TO f<<)fJ~ \ L 0~"'..I"".lr....l ~\""""' DATE:~_J_Iti2.COc- f)FFICE OF CITY ATTORNEY . . . Ordinance No. Page 3 of 5 Margolis Family Limited Partnership $ 4,650.00 2050 West25th Avenue Eugene, Oregon 97405 " On: 153 West "G" Street ~, . . " l . Beginning at the Northwest corner of Lot 1, Block 17, Plat of Emerald Heights Addition to Springfield, as platted and recorded in Book 4, Page 14, Lane County Oregon Plat Records and run thence North 10.56' West 10.185 feetai6rig the Westerly line, if extended, of said Lot 1; thence Easterly parallel with and 10 feet NoiiH of the North line of said lot, 130 feet; thence South 10.56' East 58.105 feet along the Easterly line and the Easterly line, extended, of said Lot 1 to a point on said Easterly line 3.0 feet North 10.56' West of the Southeast corner thereof; thence Westerly 130 feet parallel with the South line of said Lot 1 to the Westerlly line thereof; thence North10.56' West 47.92 feet to the point of beginning, in Lane County, Oregon. TL 1703352210100 Jennifer Wagner $ 7,200.00 240 West "F" Street Springfield, Oregon 97477 On: 240 West "F" Street Lot 5, Block 16, Plat of Emerald Heights Addition to Springfield, as platted and recorded in Book 4, Page 14, Lane County Oregon Plat Records in Lane County, Oregon. TL 1703352212400 Aaron J. & Tricia A. Howery $ 9,000.00 7735 SW Bayberry Drive Aloha, Oregon 97007 On: 652 Water Street Lot 8, Block 19, Plat of Emerald Heights Addition to Springfield, as platted and recorded in Book 4, Page 14, Lane County Oregon Plat Records in Lane County, Oregon. TL 1703352301300 Richard J. Davis $ 3,600.00 1605 Cal Young Road Eugene, Oregon 97401 On: 655 Kelly Boulevard Lot 1, Block 19, Emerald Heights Addition to Springfield, as platted and recorded in . Book 4, Page 14, Lane County Oregon Plat Records in Lane County, Oregon. TL 1703352301400 Vernon A. &,Katherine M. Edwards $ 5,000.00 220 West "M" Street Springfield, Oregon 97477 On: 1408 Water Street Lot 1 0, Block 11, Sunnyside Addition to Springfield, as platted and recorded in Book 4, Page 31, Lane County Oregon Plat Records in Lane County, Oregon. TL.17 03 274408500 ./ .' . Ordinance No. Page 5 of 5 Donald E. Splane $ 0.00 1415 Water Street Springfield, Oregon 97477 ,',' '. ," ", On: 1415 Water Street Lot 7 and the South one-half of Lot 8, Block 1 b, Sunnyside Additon to Springfield, as platted and recorded in Book 4, Page 31, Lane County Oregon Plat Records in Lane County, Oregon. TL 17 03 27 44 07800 Harold B. Turley $ 4,060.00 2478 15th Street Springfield, Oregon 97477 On: 154 West "M" Street Lot 6, Block 10, Sunnyside Additon to Springfield, as platted and recorded in Book 4, Page 31, Lane County Oregon Plat Records in Lane County, Oregon. TL 17 03 27 44 07700 . . . ADOPTED by the Common Council of the City of Springfield this 7th day of October, 2002, with a vote of ~ for and L against. Approved by the Mayor of the City of Springfield this ih day of October, 2002. ATTEST: ~~ REVIEWED & APPROVED AS TO FORM ~ O"'<<..c' ~ .J L~~ "C DATE:---.:Ll ~c \ "200<- OFFICE OF CITY ATTORNEY Mayor L. · l1IIIIIm'll . EXHlJ3IT A PROPERTY DESCRIPTION 'P ARCEl I The South :-i of the foHowing descn'bed parcel, to~wit: , Begiruling at a point J 04.0 feet North 89 degrees 44' West of a point on tbe east line of the Thomas D. Ed\vards Donation Land Claim No. 55, Township 17 South, Ra:b.ge 2 West of the Wi11amette Meridian; said last mentioned point being 1492.1 feet SO'uth 0 degrees 10' West from the northeast comer of said Claim, from sa1d begin."ling point run South 0 degrees 10' West 165.0 fcet; thence North 89 degrees 44' West, 266.5 feet to the center of a 20.0 foot roadway; thence North 0 degrees lay" , West along center of said roadway, 165.0 feet; thence South 89 degrees 44' East 268~25 feet to the place of beginning, being a part of said Donation Land Claim No. 55, Section 32, said Township and Range, Lane County, Oregon. EXCEPTING the West 10.0 feet thereof conveyed to the City of Springfield, by Deed recorded April 20, 1965, Reception No. 1474, Lane County Oregon ;Deed Records, in Lane County, Oregon. ALSO EXCEPTlN,G that portion conveyed to the City of Springfield by Deed recorded February 6, 1979, Reception No. 79-07133, Official Records of Lane County, Oregon. ALSO EXCEPTING the East 50.00 feet thereof. .. " . . . . " ORDINANCE NO. 6025 (General) AN ORDINANCE ADDING "TRANSIT STATION" TO THE SCHEDULE OF USE CATEGORIES FOUND IN SECTION 19.060 (BOOTH KELLY MIXED.:USE ZONING DISTRICT) OF THE SPRINGFIELD DEVELOPMENT CODE AND AMENDING SECTION 19.110 (5) SPECIAL USE STANDARDS, TO CLARIFY THAT THE 200 FT. SETBACK REQUIREMENT FOR BUS TERMINALS AND HELIPORTS FROM RESIDENTIAL USES SHALL NOT APPLY TO "TRANSIT STATIONS;" AND ADOPTING A SEVERABILITY CLAUSE. WHEREAS, The Eugene-Springfield Metropolitan Area General Plan is the basic guiding land use policy document for the City of Springfield; and WHEREAS, The "Purpose" section of the Metro Plan describes it as a framework plan and it is intended that more detailed refinement plans, programs, and policies should supplement the Metro Plan (E. Relationship to Other Plans and Policies, page 1-5, Metro Plan); and WHEREAS, Springfield's various neighborhood refinement plans, including the Springfield Downtown Refinement Plan and the Booth Kelly Conceptual Development Plan, are adopted supplements to the Metro Plan, and are authoritative in stating the land use policies that will guide development in the City; and WHEREAS, The Springfield Downtown Refinement Plan and the Booth Kelly Conceptual Development Plan, supports pedestrian-oriented connections with the Booth Kelly District as well as the support of multimodal transportation opportunities; and WHEREAS, The Springfield Development Code was adopted in May 1986 and revised in March 1998, to ensure that development within the planning jurisdiction of the City of Springfield is of a proper type, design and location; and WHEREAS, The Springfield Development Code implements the planning policies and land use designations set forth in the Eugene-Springfield Metro Area General Plan; and WHEREAS, the current Springfield Development Code, adopted in 1987 and amended in 1992 and 2000, is in need of modification to reflect changes in State law and local public facilities and services needs; and WHEREAS, Article 8 of the Springfield Development Code sets forth procedures for amendments of the Development Code text and those procedures were followed; and WHEREAS, on October 15,2002, the Springfield Planning Commission unanimously approved a resolution recommending approval of the proposed amendment of Article 19-Booth Kelly Mixed-Use Zoning District; and WHEREAS, the Springfield City Council has conducted a public hearing on November 5, 2002 and having considered the matter in regular session on that date, is now ready to take action based upon the above recommendations and the evidence and testimony already in the record as well as the evidence and testimony presented at the public hearing held in the matter of adopting the amendment to the Springfield Development Code adding "transit station" to the schedule of use categories found in Section 19.060 (Booth Kelly Mixed-Use Zoning District) of the Springfield Development Code and amending Section 19.110 (5) Special Use Standards, to clarify that the 200 ft. setback ORDINANCE NO, 6025 PAGE 1 OF 2 requirement for bus terminals and heliports from residential uses shall not apply to transit stations. . NOW THEREFORE, BASED ON THE FOREGOING RECITALS THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS: Section 1. Article 19, "BKMU Booth Kelly Mixed-Use Zoning District" Section 19.060 "Schedule of Use Categories" is hereby amended in Subsection 8 "Transportation Facilities" by the addition of "(e) Transit Stations" to the list of transportation facilities as follows: "(8) Transportation facilities, (Section 19.110(5)): (a) (b) (c) (d) (e) Bus terminals Docks and marinas Heliports Helistops Transit Stations D D S S pIt Section 2. Article 19, "BKMU Booth Kelly Mixed-Use Zoning District" Section 19.110 "Special Use Standards" is hereby amended to clarify that the 200-foot setback requirement for bus terminals, heliports and helistops does not apply to transit stations as follows: "(5) Transportation Facilities. New bus terminals, heliports and helistops shall not be located within 200 feet of any residential use (transit stations are exempt from this requirement). Noise attenuating barriers shall be constructed where necessary to mitigate land use conflicts. " . Section 3. 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. FURTHER, although not part of this Ordinance, the Springfield City Council adopts the findings set forth in the Staff Report which demonstrate conformance of this amendment to the Metro Plan, applicable State statutes and applicable State-wide Planning Goals and Administrative Rules, and is attached as Exhibit B. ADOPTED by the Common Council of the City of Springfield this 18th day of November 2002 by a vote of ~ for and ~ against. APPROVED by the Mayor of the City of Springfield this--.UL day of November c ,2002. ~ATIEST: City Recorder . REVIEVVED & APPROVED A..S TO FORM ~\:::)'>~,-\. ~ ~~\.~ DATE: l () \ 2 C( 120tl"""2- OFFICE OF CITY ATTORNEY ORDINANCE NO. 6025 PAGE20F2 Exhibit B . City Of Springfield Development Services Department October 15, 2002 Staff Report Applicant: Journal No. City of Springfield 2002-09-0306 225 Fifth Street Springfield, OR 97477 Request: ProcedureType: To amend the text of the Springfield Development Code, adding Type IV -- Legislative "transit station" to the Schedule of Use Categories found in Section 19.060 (Booth Kelly Mixed-Use Zoning District). Section 19.110 (5) Special Use Standards, is also amended to clarify that the 200 ft. setback requirement for bus terminals and heliports from residential uses shall not apply to "transit stations." . 1. Executive Summary Lane Transit District, together with the City of Springfield conducted a lengthy public process for selecting the location of a new transit station in Downtown Springfield. The selected site is located within the Booth-Kelly Mixed-Use Zoning District. Article 19. 060 of the Springfield Development Code lists the allowed uses that can be located within the District. "Transit Station" is not among the uses listed. Until recently, transit stations in Downtown Eugene and Springfield were little more than an aggregated group of bus stops. As such the Springfield Development Code did not envision a purpose-built facility as a "transit station." Thus the Development Code does not mention "transit station" in any of its zoning districts, with the exception of the recently adopted Mixed- Use District. In 2000, LTD constructed a true transit station facility in Eugene. LTD now plans to construct such a facility in Springfield. As such, an amendment to the Springfield Development Code is needed to locate a transit station in the Downtown. The proposed text amendment adds "transit station" to the Schedule of Use Categories found in Section 19.060 (Booth Kelly Mixed-Use Zoning District). Section 19.110 (5) Special Use Standards, is also amended to clarify that the 200 ft. setback requirement for bus terminals and heliports from residential uses shall not apply to "transit stations." . Staffhas reviewed the criteria for approval oftext amendments of the Springfield Development Code and find the proposal to be consistent with those criteria. Based on the staff review, it is recommended that the proposed text amendment be approved. Jo. No. 2002-09-0306 Text Amendment to Article 19 of the SDCs October 15, 2002 1 II. Procedural Requirements . Procedural requirements for processing text amendments to the SDC are described in Article 8 and Article 14. Article 8 indicates that the Planning Director, Planning Commission, City Councilor a resident of the City can initiate amendments to the SDC. Such amendments of are reviewed under a "Type IV" procedure and require public hearings before the Planning Commission and the City Council. Type IV procedures are detailed in Article 3.1 00 of the SDC. In this case, the proposed revision to the SDC is being initiated by the Planning Director (staff). Article 14.030 (2) requires that legislative land use decisions be advertised in a newspaper of general circulation, providing information about the legislative action and the time, place and location of the hearing. Findings: 1. The Planning Director has initiated this amendment of the SDC to add "transit station" to the Schedule of Use Categories found in Section 19.060 (Booth Kelly Mixed-Use Zoning District). The amendment also includes a modification of Section 19.110 (5) to clarify that the 200 ft. setback requirement for bus tenninals and heliports from residential uses , shall not apply to "transit stations." The amendment is not site specific and falls under the definition of a legislative action. . 1. A "DLCD Notice Proposed Amendment" was mailed to the Department of Land Conservation and Development on September 25,2002, alerting the agency to the City's intent to amend the SDC. The notice is generally required to be mailed to DLCD 45 days in advance of the first evidentiary hearing. ORS 197.610 (2) waives this requirement under emergency circumstances. The City has requested that the proposed amendment be considered under this emergency provision. 2. The proposed text amendment affects only those properties within the Booth-Kelly Mixed-Use zoning District. Mailed notice ofthe proposed text amendment was sent to both property owners and residents 1ivingwithin the Booth-Kelly District and those residents living within 100 feet of the District. This notice was mailed on September 25, 2002. 3. Notice ofthe public hearing concerning this matter was published on October 2, 2002 in the Springfield News, advertising both the hearing before the Springfield Planning Commission on October 15th and the City Council on November 4th. The content of the notice followed the direction given in Section 14.030 (2) ofthe SDC for legislative actions. . Conclusion: Jo. No. 2002-09-0306 Text Amendment to Article 19 of the SDCs October 15, 2002 2 . Procedural requirements described in Article 8 and Article 14 of the SDC have been followed. Notice requirements established by DLCD for amending the Development Code have also been followed. IV. Decision Criteria and Findings Article 8 describes the criteria to be used in approving an amendment to the SDC. It states that in reaching a decision, the Planning Commission and the City Council must adopt findings which demonstrate conformance with "1) the Metro Plan; 2) applicable State statutes; and to 3) applicable State-wide Planning Goals and Administrative Rules. " Criterion #1 "Conformance with the Metro Plan" Findings 4. The Eugene-Springfield Metropolitan Area General Plan is the basic guiding land use policy document for the City of Springfield. The "Purpose" section of the Metro Plan describes it as a framework plan. It is intended that more detailed refinement plans, programs, and policies should supplement the Metro Plan (E. Relationship to Other Plans and Policies, page I-5, Metro Plan). 5. The Eugene-Springfield Transportation System Plan, TransPlan, was adopted in 2001. Under state law, TransPlan is a functional plan of the Metro Plan. . 6. TransPlan TSI Transit Policies #1 and #2 (Chapter. 2 pg. 27,28) made findings and established policies that support and promote (1) the improvement of transit facilities and (2) the development of a Bus Rapid Transit System (BRT). 7. A Downtown Springfield transit station is listed as capital proj ect # 1135 in TransPlan (Chapter 3, Page 37). 8~ A planned Springfield Transit Station is designed to improve the accessibility, attractiveness and convenience of transit use for Springfield area transit users. 9. Lane Transit District (LTD) has stated that the Springfield Transit Station will be a hub in the first segment of the new BR T system that is in development. A downtown location for the Station is essential to its function as a hub linking service to Gateway and Thurston, as well as Eugene. 10. The Springfield City Council participated together with L TDin a lengthy public process to select a downtown location for a transit station. On June 4,2001, the Council approved a resolution (01-41) specifying a site south of S. A Street, near the intersection with Pioneer Parkway East, to be the appropriate site for the planned transit station. The site is within the Booth-Kelly Zoning District. . 11. Section 19.060 (8) of the SDC (Booth-Kelly Mixed Use Zoning District) does not list "Transit Station" as a permitted use. The term "bus terminal" is listed as a discretionary use in 19.060, but it is generally construed to mean an intercity bus transportation facility such as those operated by private bus companies (Greyhound, Trailways, etc.). Jo. No. 2002-09-0306 Text Amendment to Article 19 of the SDCs October 15, 2002 ' 3 . 12. Insertion of "transit station" in 19.060 (8) would facilitate the development of a downtown Springfield station and improve the accessibility, attractiveness, and convenience of transit use in the community. Insertion of "transit station" into the SDC would also facilitate the action of the Springfield City Council to select a site for the station in the Booth Kelly Mixed-Use District. 13. Section 19.110 (5) states that new bus terminals, heliports and helistops shall not be located within 200 feet of any residential use. Amending 19.110 (5) to read: "Transportation Facilities. New bus terminals, heliports, and helistops shall not be located within 200 feet of any residential use (transit stations are exempt from this requirement). Noise attenuating barriers shall be constructed where necessary when-abutting residential or commercial uses." would make clear the 200-foot exclusion shall not apply to the location of a transit station. Transit stations would still be required to install noise attenuating barriers as needed when abutting residential or commercial uses. Conclusion . The findings shown above demonstrate that TransPlan supports the improvement of transit facilities and the development of support facilities for BR T. L TD and the City of Springfield have determined that a downtown location within the Booth-Kelly Mixed-Use District is the appropriate location for a new transit station. Amending the SDC to include "transit station" among the list of permitted uses in the Booth Kelly District is consistent with TransPlan TSI Policies #1 and #2 that promote and support transit facility improvement and BRT development. Criterion #2 "Conformance with Applicable State Statutes" Findings 14. The Oregon Revised Statutes (ORS) Chapter 267 describes the status and general powers of Mass Transit Districts including Lane Transit District. Section 267.200 (7) empowers L TD to "construct, acquire, maintain and operate and lease, rent and dispose of passenger terminal facilities, motor vehicle parking facilities and other facilities for the purpose of encouraging use of the mass transit system within the district." 15. ORS 267.200(8) allows transit districts to "enter into contracts under ORS 190.003 to 190.620 with units oflocal government of the State of Oregon [i.e., the City of Springfield], whether within or without the district, or with the State of Washington or with public agencies ofthe State of Washington, to act jointly or in cooperation with them or to provide mass transit services to areas under their jurisdictions.. .". . 16. ORS 267.210 requires transit districts to prepare a general plan for transit service within the District. That plan is intended to be completed in cooperation with cities and counties within and adjacent to the district. The plan is also intended to promote coordination and planning of future construction, improvement and equipment acquisition of the district, governmental agencies and private interests to assure maximum efficiency and use of Jo. No. 2002-09-0306 Text Amendment to Article 19 of the SDCs October 15, 2002 ' 4 . mass transit in the district. LTD's General Plan for Mass Transit specifies the development of a transit station in Downtown Springfield. The location of the Downtown Station was determined through an extensive public involvement program coordinated with the City of Springfield that culminated in a resolution passed by the City Council in June 2001. Conclusion The Oregon Revised Statues empower and direct transit districts to coordinate with cities in the development of transit facilities. Lane Transit District collaborated with the City in the selection of a site for the planned Downtown Springfield transit station. ,Amending the SDC to allow a "transit station" use in the Booth-Kelly Mixed-Use District implements a planning decision jointly made by the City and Lane Transit District as required by state statutes. The proposed text amendment to the SDC is consistent with this criterion of approval. Criterion #3 "Applicable State-wide Planning Goals and Administrative Rules" Findings Compliance with Administrative Rules 17. The Oregon Administrative Rules (OAR) 660-012 is replete with references to transit use. These references generally support and encourage transit use as an alternative to auto dependence. . 18. OAR 660-12-0015 (6) states that mass transit, transportation, airport and port districts shall participate in the development of TSPs for those transportation facilities and services they provide. These districts shall prepare and adopt plans for transportation facilities and services they provide. Such plans shall be consistent with and adequate to carry out relevant portions of applicable regional and local TSPs. Cooperative agreements executed under ORS 197.185(2) shall include the requirement that mass transit, transportation, airport and port districts adopt a plan consistent with the requirements of this section. 19. Lane Transit District participated in the development of TransPlan, the transportation system plan for the Eugene-Springfield area. That planning includes the location of transit stops and stations within the service area. Further, L TD has listed the Downtown Springfield Station among capital projects included in, and approved through, TransPlan. Compliance with Statewide Planning Goals . 20. Goal] - Citizen Involvement. Goal 1 calls for "the opportunity for citizens to be involved in all phases of the planning process." The decision to locate a transit station in the Booth-Kelly District was the culmination of a public process that lasted more than a year. That process included a Steering Committee that included the general citizenry, Open Houses, and finally, an adoption by both the Springfield City Council and the Lane Transit District Board. This text amendment is needed to implement the decision that was jointly made by the community and LTD. Jo. No. 2002-09-0306 Text Amendment to Article 19 of the SDCs , October 15, 2002 5 . 21. Goal 2 - Land Use Planning. Goal 2 outlines the basic procedures of Oregon's statewide planning program. It says that land use decisions are to be made in accordance with a comprehensive plan, and that suitable "implementation ordinances" to put the plan's policies into effect must be adopted. The Eugene-Springfield Metropolitan Area General Plan (Metro Plan) is the acknowledged comprehensive plan that guides land use planning in Springfield. Various adopted refinement plans and specific area plans provide more detailed direction for planning under the umbrella of the Metro Plan. The Downtown Refinement Plan, of which the Booth-Kelly Conceptual Development Plan is a subset, supports pedestrian oriented development as well as transportation improvements that encourage the use of alternative modes of transportation. The SDC implements the policies and direction of the Booth-Kelly Conceptual Development Plan, Downtown Refinement Plan as well as the Metro Plan. Amendment of the SDC to allow transit facilities that would benefit the Booth-Kelly District is consistent with local land use planning policies for the area. 22. Goal 3 - Agricultural Land. Goal 3 defines" agricultural lands. " It then requires counties to inventory such lands and to "preserve and maintain" them through farm zomng. . This goal does not apply within adopted, acknowledged urban growth boundaries. The City of Springfield does not have any agricultural zoning districts. This amendment applies only within the Booth-Kelly Mixed-Use District, and does not apply outside the urban growth boundary. All land in the City's urban transition area carries City zoning. An exception to this goal was taken in 1982 when the comprehensive plan was acknowledged. 23. Goal 4 - Forest Land. This goal defines forest lands and requires counties to inventory them and adopt policies and ordinances that will "conserve forest lands for forest uses." This goal does not apply within adopted, acknowledged urban growth boundaries. The City of Springfield does not have any forest zoning districts. This amendment does not apply outside the urban growth boundary and, because oflimitations on commercial and industrial development without full urban services, generally do not apply outside the city limits. All land in the City's urban transition area carries City zoning. An exception to this goal was taken in 1982 when the comprehensive plan was acknowledged. 24. Goal 5 - Open Spaces, Scenic and Historic Areas, and Natural Resources. Goal 5 covers more than a dozen natural and cultural resources such as wildlife habitats and wetlands. It establishes a process for each resource to be inventoried and evaluated. . This amendment does not repeal, replace or void existing Metro Plan policy or 'Development Code regulations with respect to any identified natural resources. No changes to supporting ordinances or policy documents adopted to comply with Goal 5 are affected by these amendments. Jo. No. 2002-09-0306 Text Amendment to Article 19 of the SDCs October 15, 2002 6 . 25. Goal 6 - Air, Water and Land Resources Quality. This goal requires local comprehensive plans and implementing measures to be consistent with state and federal regulations on matters such as groundwater pollution. This amendment supports the location of a mass transit facility that holds the potential for contributing to the reduction of auto-dependence in the Springfield area. It has long been assumed that increased transit ridership and reduced auto use would have a beneficial impact on air quality. An Environmental Assessment (EA) completed by Lane Transit District in October 1999. The Federal Transit Administration issued a Finding of No Significant Impact (FONSI) on January 24,2000. LTD then sought and received a'Categorical Exclusion to the EA on March 22, 2001. The EA concluded that a transit station in the Booth Kelly Mixed- Use District south o[.S. A at Pioneer Parkway E., would have no significant impact on the area. 26. Goal 7 - Areas Subject to Natural Disasters and Hazards. Goal '7 deals with development in places subject to natural hazards such as floods or landslides. It requires that jurisdictions apply "appropriate safeguards" (floodplain zoning, for example) when planning for development there. . All sites within Springfield that are subject to these hazards (floodplain, erosion, landslides, earthquakes, weak foundation soils) are inventoried through a variety of sources. The proposed text amendments do not remove or exempt compliance with other Code standards that may apply to development. The selected transit station site in the Booth Kelly District is not listed on the inventories of hazard areas. 27. Goal 8 - Recreational Needs. This goal calls for each community to evaluate its areas and facilities for recreation and develop plans to deal with the projected demand for them. Willamalane Park and Recreation District is the entity responsible for park planning, development and maintenance in the urban transition area as well as the city limits. The proposed amendment will not affect the provision of recreational service. Transit stations may support access to recreational facilities by those who are unable to drive or who choose to use alternative modes of transportation. 28. Goal 9 - Economic Development. Goal 9 calls for diversification and improvement of the economy. It asks communities to inventory commercial and industrial lands, project future needs for such lands, and plan and zone enough land to meet those needs. . The proposed text amendment allows transit stations to be sited within the Booth-Kelly Mixed-Use District. A new transit facility located in the district would improve transportation access to the District for both employees and consumers. Improved access would support future development and re-development efforts within the District. Jo. No. 2002-09-0306 Text Amendment to Alticle 19 of the SDCs October 15, 2002 7 29. Goal] 0 - Housing. This goal specifies that each city must plan for and accommodate needed housing types, such as multifamily and manufactured housing. . TransPlan seeks to promote the location of higher density residential development along transit corridors and near transit stations. The station could serve asa focal point for future transit-oriented residential development in the Downtown. Such a pattern can be documented as occurring in the Portland area near newly established transit stations. 30. Goal]] - Public Facilities and Services. Goal 11 calls for efficient planning of public services such as sewers, water, law enforcement, and fire protection. The Eugene-Springfielq Metropolitan Public Services and Facilities Plan (PFSP) is a refinement plan of the Metro Plan that guides the provision of public infrastructure, including water, sewer, storm water management, and electricity. The plan made no findings nor did it establish policies relating directly to transit stations or transit use. The transit station, when constructed, will be subject to the policies promulgated by the PFSP. 31. Goal]2 - Transportation. The goal aims to provide" a safe, convenient and economic transportation system. " . Section 660-012-0060 of the Transportation Planning Rules requires evaluation of a comprehensive plan or land use regulation amendment to detennine if an amendment to the SDC significantly affects a transportation facility. The proposed SDC amendment does not: change the functional classification of an existing or planned transportation facility; change standards implementing a functional classification system; allow types of levels of use which would result in levels of travel or access which are inconsistent with the functional classification of a transportation facility; or reduce the level of service of a facility below the minimum acceptable level identified in the Metropolitan Area Transportation Plan (TransPlan). A transit station located in the Booth Kelly Mixed-Use District, would serve to improve transit services for commuters and residents accessing Downtown Springfield, or who are making transfer connections to other parts ofLTD's service area. Goal 12 encourages development that avoids principal reliance on one mode of transportation. The ability to locate a transit station in the heart of Downtown Springfield, and the ability to link that station to other areas of the community with Bus Raid Transit will likely make transit use more attractive and thereby reduce the reliance of some Springfield residents on the automobile. 32. Goal]3 - Energy Conservation. Goal 13 declares that "land and uses developed on the land shall be managed and controlled so as to maximize the conservation of all forms of energy, based upon sound economic principles. " . The location of a transit station in Downtown Springfield and the establishment of the Downtown Station as a Bus Rapid Transit hub is likely to increase overall transit Jo.lVo.2002-09-0306 Text Amendment to Article 19 of the SDCs October 15, 2002 8 ridership. Transit has long been assumed to be an important means of reducing the consumption of fossil fuels in our country. . ' 33. Goal 14 - Urbanization. This goal requires cities to estimate future growth and needs for land and then plan and zone enough land to meet those needs. The Eugene-Springfield Metropolitan Residential Lands and Housing Study, Policy Recommendations Report (1999) found "there is sufficient buildable residential land within the existing urban growth boundary to meet the future need of the projected population. This amendment will not directly affect the availability ofland for future growth. Proponents of transit-oriented development assert that a compact urban form, supported by a weli developed transit system will postpone the need to expand urban growth boundaries. 34. Goal 15 - Willamette River Greenway. Goal IS sets forth procedures for administering the 300 miles of greenway that protects the Willamette River. The proposed text amendment does not change the obligation to comply with the City's existing standards for development with respect to the Willamette River Greenway. The Greenway provisions allow development of permitted uses in the underlying zone, provided that all other Greenway requirements are satisfied. The City's adopted, acknowledged Greenway ordinance will not be changed. . 3S.Goals 16 through 19 - Estuarine Resources, Coastal Shorelands, Beaches and Dunes, and Ocean Resources. There are no coastal, ocean, estuarine, or beach and dune resources within the City's jurisdiction. These goals do not apply in Springfield. Conclusion The Oregon Revised Statutes, Oregon Administrative Rules and the Statewide Planning Goals clearly support transit use and the development of improved transit facilities in collaboration with local government. Lane Transit District and the City of Springfield jointly sponsored an extensive public process that led to the selection of a site in the Booth Kelly Mixed-Use District. The proposed text amendment that would add "transit station" to the list of uses permitted in the Booth Kelly District and by that, implements the decision of the two jurisdictions. It is the conclusion of staff that the proposed amendment is consistent with this criterion. V. Conclusion and Recommendation of Staff . Jo. No, 2002-09-0306 Text Amendment to Article 19 of the SDCs October 15, 2002 9 . . . Based on the findings of staff with respect to the criteria defined in Article 8 for approving the amendment of the SDC, staff finds the proposed text amendment of the Springfield Development Code, adding "transit station" to the Schedule of Use Categories found in Section 19.060 (Booth Kelly Mixed-Use Zoning District); as well as the modification of Section 19.110 (5) Special Use Standards, to clarify that the 200 ft. setback requirement for bus terminals and heliports from residential uses shall not apply to "transit stations," to be consistent with these criteria and recommends approval of the amendment.. VI. Attachments Attachment A: Attachment B: Proposed Text Amendment to the Springfield Development Code Map of the Booth-Kelly Mixed-Use Zoning District. Jo. No. 2002-09-0306 Text Amendment to Article 19 of the SDCs October 15, 2002 10 . . . ATTACHMENT A Proposed Text Amendment to the Springfield Development Code The proposed amendment to the Springfield Development Code, adds "transit station" to the Schedule of Use Categories found in Section 19.060 (Booth Kelly Mixed-Use Zoning District). The underlined section below shows the proposed insertion of "Transit Station" to the list of uses. (8) Transportation facilities, (Section 19.110(5): ! . (a) Bus tenninals D (b) Docks and marinas D (c) Heliports S (d) Helistops S (e) Transit Stations p Section 19.110 (5) Special Use Standards, is also amended to clarify that the 200 ft. setback requirement for bus terminals and heliports from residential uses shall not apply to "transit stations." The underlined phrase in parenthesis shows the proposed clarification that exempts transit stations from the 200 ft. setback, but not from noise attenuating barriers where they are deemed necessary. (5) Transportation Facilities. New bus terminals, heliports and helistops shall notbe located within 200 feet of any residential use (transit stations are exempt from this requirement). Noise attenuating barriers shall be constructed where necessary to mitigate land use conflicts. Jo.JVo.2002-09-0306 Text Amendment to Article 19 of the SDCs October 15, 2002 11 . Jooth Kelly Mixed Use Zoning District :>ortions of three tax lots ,hown on this map (TL 7500, 13200, and 13400) are , Jroposed for the location of ~ :ransit station by Lane Transit Jistrict and the City of Springfi Zoning special areas ~ Booth Kelly Mixed Use ~ Campus Industrial ~ LMIICC Mi~ed Use LM.I & CC :ttJjj Major Retail Commercial ~ Special Heavy Industrial , 1 (f) 3P.o o 300 600 ' Feet I L-- U llLillJ wJ(n l I -' ~ ff1tj am rnm /Hili ~ ~ e- fBfIj m ~ BEl ffid fPj BRtHHB 8fllHrf33 I _ ~"~, 00 ~ I 'BIB 2E t!1 ~ ltHB ~ ttm.~ I 'L-~, , ~J~ DBL~~ ~mmrm~O~Ql]]] IlllTn ~ Efa' [[I]) I' ~ -'fflU_ - ~ ~ m _ ~ ~-1rL:LCJCJ,!~\. ~-TL13', I . t=tj l -1 =11_1 t- -,- ~ -- ~~~~ " ~ ~ILl L-.\-t- II-. 1) 'i;';~it~ ~~ ,?; ><^>< '>0 r- ---.....L-- ~DI1J dUDO ~v~ ..~~.~ ~ .-= - CD, ~~ r-- BE [[[]] L7 :. . :'-~';Z~~~*?'_ , ;::::: .> 6<> a~jh~K~I,!Y;~!~~_g~~~<,,>, L - illIJ ~W~\S.:?'X ><~ ~~'.:)-_ -;r.'1o- 't;;.. ;;.::(::x.><~x --.__ ~ Zonmg.:uls 1,1~:t:,,-<>~ )->< - fTTTI OJ]] ><"-><"~~~<;>-~>Q<~__ bLLO ,.- ~>O<'<:''>~>'?X$$%:--Q->x:':v~> BJJ BJJ - ~:>:~m-3$<S~~:>~ ': ITIDfIDJ '. ~ .8E ITII1~! HI 'I 2~~~~. CEJ EB' 'M'--~~~~x ~ 'x~~~X-x~'~x " - '- / - -- ---- -, ~"'''''--'<>-'-'::-;:::;:.>y,:~'<.<~- r-- ITTl -<~:;"~:"''(S-::-::'':::::'>:Y'::''(;''_: " "Y,< 0, I- - I...-LLJ >&9:S-2':<:??>~?-<5<~>,> ~ . ><><x>-,z"x.",,,,~;,, ~~I ,I I I' I II ~ -- ~ \\ ~ ~ :c :s: m z -I OJ \ I ~\ '\.'\.~ \\ . . . ~ ORDINANCE NO. 6026 (General) AN ORDINANCE REGARDING AIR POLLUTION AND AMENDING CHAPTER 4, SECTION 4.500 "LANE REGIONAL AIR POLLUTION AUTHORITY", AMENDING SECTION 4.506 "DEFINITIONS", AND AMENDING SECTION 4.508 "PROHIBITIONS" OF THE SPRINGFIELD MUNICIPAL CODE. The City of Springfield, Oregon, does ordain as follows: Section 1: Section 4.506 "Definitions" of the Springfield Municipal Code is hereby amended to add the following definitions: "Opacity". The degree to which an emission reduces transmission of light or obscures the view of an object in the background. "PM2.5". Solid or liquid particulate matter (excluding uncombined water) with an aerodynamic diameter less than or equal to 2.5 micrometers. Section 2: section 4.506 "Definitions" of the Springfield Municipal Code is hereby amended to amend and add the following definitions: "Green Advisory. A 24-hour period beginning at 4:00 p.m. when PM10 levels are forecast by LRAPA to be less than 100 micrograms per cubic meter and PM2.5 levels are forecast to be less than 41 micrograms per cubic meter." "Yellow Advisory. A 24-hour period beginning at 4:00 p.m. when PM10 levels are forecast by LRAPA to be greater than or equal to 100 micrograms per cubic meter but less than 125 micrograms per cubic meter, or when PM2.5 levels are forecast to be greater than or equal to 41 micrograms per cubic meter but less than 55 micrograms per cubic meter." "Stage I Red Advisory. A 24-hour period beginning at 4:00 p.m. when PM10 levels are forecast by LRAPA to be greater than or equal to 125 micrograms per cubic meter but less than 150 micrograms per cubic meter, or when PM2.5 levels are forecast by LRAPA to be greater than or equal to 55 micrograms per cubic meter but less than 65 micrograms per cubic meter, within the Eugene/Springfield Metropolitan Area General Plan Urban Growth Boundary." "Stage II Red Advisory. A 24-hour period beginning at 4:00 p.m. when PM10 levels are forecast by LRAPA to be greater than or equal to 150 micrograms per cubic meter, or when PM2.5 levels are forecast by LRAPA to be greater than or equal to 65 micrograms ORDINANCE Page -1- per cubic meter, within the EUgene/Springfield Metropolitan Area General Plan Urban Growth Boundary." . Section 3: Section 4.508 nprohibitions" of the springfield Municipal Code is hereby amended by the addition of subsections (3) and (4) as follows: n(3) No person in charge of property shall at any time allow to be initiated or maintained in a solid-fuel space-heating device the burning of any plastics, wire insulation, petroleum by-products, petroleum-treated materials, rubber products, animal remains, or animal or vegetable matter resulting from the handling, preparation, cooking or service of food, or of any other material which normally emits dense smoke, noxious odors, or hazardous air contaminants. This section does not prohibit use of natural gas fuels to light solid fuels." n(4) During a green or yellow advisory, no person in charge of property shall operate or allow to be operated a solid-fuel space-heating device which discharges emissions that are of an opacity greater than forty (40) percent. This provision does not apply to the emissions during the building of a new fire, for a period or periods aggregating no more than ten (10) minutes in any four(4)-hour period." . Section 4: Except as specifically amended herein all other terms and conditions of Springfield Municipal Code Section 4.506 and 4.508 shall remain in full force and effect. Adopted by the Common Council of the City of Springfield this 2nd day of December , 2002 by a vote of ~ in favor -1L against. Approved by the Mayor of the ~:u' Mayor / 0 City of Springfield this ~ day of ATTEST: REVIEWED & APPROVED Af\ TO FOR~ L ...-Jcn \"5..r\~ ~~ DATE: \CJ \ '3~ ~2~-l..e OFFICE OF CITY ATTORNEY c:J\.w.~ ~ . N:\CITY\ORDINANC\GENERAL\Amending 4.506 and 4,508 Ordinance,wpd ORDINANCE Page -2- . . . "I , . ~ 't \ ORDINANCE NO. 6027 AN ORDI~ANCE OF THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD AMENDING APPENDIX 1, DEVELOPMENT CODE FEES SCHEDULE, AS ESTABLISHED IN THE SPRINGFIELD DEVELOPMENT CODE AND DECLARING AN EMERGENCY (Jo. No: 2002-09-313). 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.) Findings in support of adoption of these amendments to the SDC are set below: a.) The proposed fee increases are consistent with City council policy to achieve full recovery of the average cost of processing land use applications. b.) A comprehensive study of the average cost of processing land use applications was conducted by the City in 1999 and the results of that study have been updated to reflect service cost adjustments since that time. c.) The fee increases are consistent with the facts of the fee recovery study and reflect the true and average cost of processing such land use applications. 3.) Based on the above record of findings, the City Council concludes that the SDC amendments are consistent with the Council policy on fee recovery for City services. Now therefore, based on the above findings, THE CITY OF SPRINGFIELD CITY COUNCIL DOES ORDAIN AS FOLLOWS: Section 1: Appendix 1, DEVELOPMENT CODE FEES, is hereby amended as follows: Application DEVELOPMENT CODE FEE SCHEDULE Ci Limits Fee I Urban Transition Area Fee Pre-Application Meeting (Conference) Pre-Application Report (50% credit) ## $353 $1,824 $424 $1,824 I TYPE I REVIEW Application I City Limits Fee I Urban Transition Area Fee Accessory Dwelling Unit Subdivision or Partition Replat Plat Time Extension for Certain Improvements Property Line Adjustment Partition Plat Subdivision Plat Manufactured Dwelling Park-Space Line Adjustment Manufactured Home-Temporary Residential Use Land Fill and Alteration (plus a volume fee) 40 Minimum Development Standards Site Plan Review Modification - Minor $492 $241 $165 $241 $942 $1,530 $193 $251 $284 + volume $492 $364 N/A $241 $203 $321 $942 N/A $214 $251 $284+ volume N/A $396 . . . . ^ , , Ordinance No. 6027 Page 2 TYPE I REVIEW - continued Application Ci Limits Fee Urban Transition Area Fee Land Use and Zoning Compatibility Statement Plan Review Final Site Plan Review/Development Agreement Final Site Plan Inspection for Occupancy Floodplain Development Fee '" Historic Conunission Review Under Type I DWP Overlay District Development Department of Motor Vehicle License Department of Motor Vehicle - Renewal Note: Type I applications are not subject to a separate postage fee. # 10% of the fee charged for the Site Plan Review ## If the subsequent development application substantially confonns to the pre-application report, then up to 50% of the cost of the pre-application fee can be credited to the development application fee (i,e, subdivision or site plan), ### For subdivisions there shall be a $54 fee per lot and for partitions and site plan reviews a $107 fee per acre in addition to the base fee, For development areas over 5 acres a $10,700 deposit is required. '" Any LDAP, Floodplain, or Tree Felling pennit processed after land use activity conducted without required City approvals shall be charged a non-refimdable fee of $1 ,070 for parcels less than one acre, $2,675 for parcels more than one acre and equal to or less than 5 acres, and $5,350 for parcels greater than 5 acres, In addition the following provisions apply: a) For development areas greater than 5 acres, there shall be an additional fee of $107 per acre plus a $10,700 refimdable deposit required; b) For tree felling without City approval, there shall be a non-refimdable fee of $107 per unauthorized felled tree, This fee schedule shall be implemented whether or not the City pursues other remedies available to it through state, local, or federal laws, TYPE II REVIEW , Application Modification of Provisions Hospital Support Overlay District Hillside Development Overlay District Site Plan Review Site Plan Review Modification - Major(*****) Partition - Tentative Plan Subdivision - Tentative Plan Subdivision or Partition Tentative Replat Manufactured Dwelling Medical Hardship + Manufactured Dwelling Park Solar Access Guarantee Tree Felling Permit '" Expedited Land Division Historic Conunission Review Under Type II $59 $59 # $118 $428 ### $54 $433 $210 $110 $59 $59 # $118 $642 ### $134 $647 $210 $110 Ci Limits Fee Urban Transition Area Fee $1,648 $856(*) $1,766(**) $1,140(****) $1,140(****) $1,660 $2,610+ $107/1ot $241 $187 $2,894 $401 $535 (***) $161 $1,648 N/A $2,001(**) $1,335(****) $1,335(****) $2,062 $3,175+ $107/lot $321 $187 N/A $401 $540 (***) $321 (*) Development in the HS Overlay District that requires Site Plan Review shall be charged only the Site Plan Review Fee, Development in this District that requires Discretionary Use approval shall be subject only to the fee for Discretionary Use/Site Plan Review, (**) This fee applies only to land divisions in the Hillside Overlay District (Article 26) and is in addition to the land division review fee, (***) The fee for an Expedited Land Division (ELD) shall be twice the fee calculated for a regular land division plus an appeal fee established in ORS 197.360 to defray costs in the event the decision is appealed. If the decision is not appealed, the appeal fee for the ELD shall be refimded. A separate postage fee of $117 is required for an ELD. . , Ordinance No. 6027 Page 3 . (****) Site Plan $1,140 for less than 5,000 sq. ft, impervious surface; fee for greater than 5,000 sq, ft, is $1,140 plus $107 per additional 1,000 sq, ft, Major Modification entails re-notification of surrounding property owners and DRC meeting. The Director may waive the fee upon verification oflow-moderate income status of the applicant. Any LDAP, Floodplain, or Tree Felling permit processed after land use activity conducted without required City approvals shall be charged a non-refundable fee of$I,070 for parcels less than one acre, $2,675 for parcels more than one acre and equal to or less than 5 acres, and $5,350 for parcels greater than 5 acres, ill addition the following provisions apply: a) For development areas greater than 5 acres, there shall be an additional fee of$107 per aCre plus a $10,070 refundable deposit required; b) For tree felling without City approval, there shall be a non-refundable fee of $107 per unauthorized felled tree. This fee schedule shall be implemented whether or not the City pursues other remedies available to it through state, local, or federal laws, Note: All Type II applications, except where noted in this Appendix, are subject to a separate postage fee of $58. Note: Any request to prioritize and expedite the review of a particular application submittal out of the order in which applications were received shall be approved at the discretion of the Director and shall be charged a non-refundablefie of$5,885 or two times the application fie, whichever is greater; where the development area is greater than ten acres an additional fee of $107 per acre will be charged. (*****) . ",. TYPE III REVIEW Ci Limits Urban Transition Area Application Fee Fee Discretionary Use/Site Plan Review Combined '\1 Combined '\1 + $2,354 deposit Discretionary Use $1,482 $1,840 + $2,354 deposit Establishment of Historic Landmark Inventory $1,348 $1,675+ $2,140 deposit Non-Conforming Use - ExpansionIModification $1,482(*) $1,840+ $1,177 deposit . Willamette Greenway Overlay District Development; Greenway Setback Line Already Established $1,482(*) $1,840(*)+ $1,177 deposit Greenway Setback Line Not Already Established $2,418(*) $3,007(*)+ $1,177 deposit Variance $1,589 $1,600+ $1,177 deposit Formal Interpretation $674 $674+ $2,354 deposit Zoning/Overlay District Change $1,862(**) $1,958(**)+ $1,177 deposit Demolition of Historic Landmark $1,054 $1,054+ $1,177 deposit Conceptual Development Plan $3,702 $5,457+ $2,354 deposit Conceptual Development Plan Amendment $1,434+ $107/ac~e $1,787+ $107/acre + $2,354 deposit Master Plan Approval JC $5,083 + $107/acre + $6,361+ $107/acre + $11,770 deposit $11,770 deposit Master Plan Amendment $1,434+ $2,354 deposit $1,787+ $2,354 deposit Appeal of the Director's Decision $268(***) $268(***) Appeal of an Expedited Land Division $32!(****) $321(****) . (*) The fee for these applications includes the review ofDiscnitionary Use criteria and does not require a separate Discretionary Use application. (**) No fee is charged for removal of the UF-1O Overlay District. (***) This fee is established by ORS. Council acknowledged Neighborhood Associations shall not be charged a fee for this type of appeal if the land subject to the decision is within the Boundaries of the Association. (****) This fee established by ORS, ~l.{lJO l~PlI!EW~l ~q1 'AlP!IEA Sl! 01 se UO!lElJ!UU~l~P IEUY ~l.{l ~upu~d uno:) q:)ns Aq P~lI!'EJ1S~1 ~~J Alre JO 1lli)UI~:)10JU~ ~l.{l10 Uo!pps!lnf lU~~dUIO:) JO uno:) Alre 10 MEI JO UO!lE1~do Aq P!IEAlI! PI~q ~q PInoqs ~fu:mp 1~l.{l0 10 ::mJ ~InfX)qos s::mi{ ~poJ 1u~wdOI~A~Q 'I xpu~ddy AUt? JI : ( uo~p~S . 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Ordinance No. 6027 Page 5 Appendix 1, Development Code Fees Schedule fees and charges shall not be affected thereby and shall remain in full force and effect. Section 4: Future Ordinances of the Common Council may be adopted to amend, add, or delete any rate, permit fee, license fee, or other fee or charge. Section 5: It is hereby found and determined that matters relating to the imposition of the Development Code Fees Schedule are matters affecting the public health, safety, and welfare and that an emergency therefore exists and this Ordinance shall take effect January 1,2003. ADOPTEO by the Common Council of the City of Springfield by a vote of ~ for and ~ against this 2nd day of December, 2002. APPROVED by the Mayor of the City of Springfield this 2nd day of December, 2002. \ "'- ATTEST: ~~ d\.t.tl-G U)~ REVIEWED &. APPROVED S TO fOR~ \.. J "'-A\~ DATE: \ ~ J c;- ':)ou'2-- OFFICE OF CITY ATTORNEY ORDINANCE No. 6028 . AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD AMENDING ARTICLE 1, "SPRINGFIELD BUILDING CODE ADMINISTRATIVE CODE" OF THE SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT; COMMUNITY SERVICES p DIVISION "BUILDING SAFETY CODES", AND DECLARING AN EMERGENCY. WHEREAS, the Building Safety Codes specifies that rates, permit fees, license fees, and other fees and charges are adopted by Ordinance of the Common Council; and WHEREAS, the opportunity for public comment at a public hearing has been provided prior to the adoption of this Ordinance; and WHEREAS, the proposed Building Safety Codes maintains all rates, permit fees, license fees, and other fees and charges at their previous rates except for Tables 3-A, 3-B, 3-C, and 3-D, which are increased as specified below. NOW THEREFORE, THE CITY OF SPRINGFIELD CITY COUNCIL DOES ORDAIN AS FOLLOWS; Section 1: Amend the Building Safety Codes, Article 1; as specified in Tables 3-A, 3.B, 3-C, and 3-D, which are attached hereto and incorporated herein by reference: . Section 2: In the event a particular rate, permit fee, license fee, or other fee or charge previously adopted in the Building Safety Codes or by Ordinance has been inadvertently omitted from those designated in Article 1 attached hereto and incorporated herein by reference, such rate, permit fee, license fee or other fee or charge shall be deemed to be included and incorporated into this Ordinance and adopted herein by reference. It is the intent of this Ordinance to reestablish all such omitted fees and charges at the amounts that they existed immediately prior to this Ordinance. Section 3: If any particular rate, permit fee, license fee, and other fee or charge should be held invalid by operation of law or any court of competent jurisdiction or the enforcement of any fee restrained by such court pending the final determination as to its validity, the remainder of the rates, permit fees, license fees, fees and charges specified in the Building Safety Codes, Article 1, shall not be affected thereby and shall remain in full force and effect. Section 4; Future Ordinances of the Common Council may be adopted to amend, add, or delete any rate, permit fee, license fee, or other fee or charge. Section 5: It is hereby found and determined that matters relating to the imposition of Building Safety Codes are matters affecting the public health, safety, and welfare and that an emergency therefore exists, and that this Ordinance shall take effect on January 1,2003. This Ordinance adopted by the Common Council of the City of Springfield this 2nd day of December, 2002, by a vote of ~ for and -L against. ' . Attest: ~~ ~; - , l, ~ \' RE\!IEV\fED ~ j}1='["I~0\fr-::D ~gR~ ~~\~ , DATE: - \. ~ \7') )20~-:L- OFFICE OF CITY ATTORNEY . CITY OF SPRINGFIELD DEVELOPMENTSER~CEDEPARTMENT COMMUNITY SER~CES DMSION BUILDING SAFETY CODES Article l;Table 3-A Structural Permit Fees In Reference to Article 2; Structural Specialty Code and Fire and Life Safety Code To the following fees, please add 7% State Surcharge and 10% Administrative Fee. Total Value Fee $1 - $2,000 $45.00 $2,001 - $25,000 $45.00 for the first $2,001 in value plus $7.80 for each additional $1,000 or fraction thereof. $25,001 - $50,000 $224.40 for the first $25,001 in value plus $5.85 for each additional $1,000 or fraction thereof. $50,001 - $100,000 $370.65 for the first $50,001 in value plus $3.90 for each additional $1,000 or fraction thereof. . $100,001- and Up $565.65 for the first $100,001 in value plus $3.25 for each additional $1,000 or fraction thereof. . Article 1; Table 3-A Page 1 of 1 Effictive 01/0J/03 . CITY OF SPRINGFIELD DEVELOPMENT SERVICE DEPARTMENT COMMUNITY SERVICES DMSION BUILDING SAFETY CODES Article l;Table 3-B Electrical Permit Fees In Reference to Article 4; Electrical Specialty Safety Code To the following fees, please add 7% State Surcharge and 10% Administrative Fee. . (a) (b) (c) (d) (e) (t) (g) (h) (i) (j) (k) (I) (m) (n) (0) (p) (q) (r) (s) (t) (u) (v) (w) (x) (y) (z) (aa) (bb) . ID Description Residence wiring less than 1,000 square fee Each additional 500 square feet or portion thereof Manufactured Home or Modular Dwelling (Service or Feeder) Temporary Power - 200 amps or less Temporary Power - 201 - 400 amps Temporary Power - 401 - 600 amps Permanent Service or Feeder - 200 amps or less Pennanent Service or Feeder - 201 to 400 amps Permanent Service or Feeder - 401 to 600 amps Permanent Service or Feeder - 601 - 999 amps Permanent Service or Feeder - 1,000 amps or volts Electrical Service Reconnection with no changes to existing service size One New/ AlterationlExtension of Circuit Each Additional Circuit Each Irrigation Pump Each Electrical Sign or Outline Lighting Each Signal Panel Limited Energy - Residential Limited Energy - CommerciallMulti Family Inspections not covered by this schedule Reinspection Fee Partial Inspection Inspection Outside Nonnal Business Hours - 1 hr minimum Minimum Permit Fee Investigation Fee Inspections for which no fee is specifically indicated - 1 hr minimum Minor Electrical Labels (sold in 10 only) Building Without Pennit Penalty Fee $106.00 $19.00 $50.00 $50.00 $69.00 $100.00 $63.00 $75.00 $125.00 $163.00 $375.00 $50.00 $43.00 $3.00 $50.00 $50.00 $50.00 $25.00 $45.00 $45.00 $45.00 $45.00 $67.50 $45.00 $45.00 $45.00 $50.00 Permit Fee Article 1; Table 3-B Page 1 of 1 Effictive 01/01/03 . CITY OF SPRINGFIELD DEVELOPMENT SERVICE DEPARTMENT COMMUNITY SERVICES DIVISION BUILDING SAFETY CODES Article l;Table 3-C Plumbing Permit Fees In Reference to Article 5; Plumbing Specialty Code To the following fees, please add 7% State Surcharge and 10% Administrative Fee. ID Description Fee (a) Fees for the construction, alteration or repair of plumbing on one and two family dwellings, shall be calculated as described below. Fees include drain, waste and vent, installation, water distribution piping, the first 50 feet of water service and up to 40 fixtures: (1) One or two family with one bath $145.00 (2) One or two family with two bath $254.00 (3) One or two family with three bath $306,00 (4) Each additional fixture over 40 fixtures $14.00 . (b) Single Plumbing Fixture $14.00 (c) Sanitary Sewer: (1) For the first 50 feet ofline $45.00 (2) Each additional 100 feet ofline or portion $14.00 (d) Water Service: (1) For the first 50 feet ofline $45.00 (2) Each additional 100 feet of line or portion $14.00 (e) Storm and Rain Drain: ( 1 ) For the first 50 feet of line $45.00 (2) Each additional 100 feet ofline or portion $14.00 (f) Sewer Ejector Pump $14.00 (g) Special Waste Connection $14.00 (h) Manufactured Home hook-up on improved lot $45.00 (i) Backflow Prevention Device $14.00 G) Relocated Structure $45.00 (k) Sanitary or Storm Sewer Cap $45,00 . Article 1; Table 3-C Page 10f2 Effictive 01/01/03 ID Description Fee . (1) Any trap or waste not connected to a fixture $14.00 (m) Any plumbing installation not listed in this schedule with sanitary waste $14.00 or portable water supply (n) Minimum Plumbing Permit Fee $45.00 (0) Partial Inspection Fee $45.00 (P) Reinspection Fee $45.00 (q) Inspections not covered by schedule $45.00 (r) Inspections Outside Normal Business Hours - 1 hr minimum $67.50 (s) Investigation Fee $45.00 (t) Building Without Permit Penalty Permit Fee (u) Accessible Minor Plumbing Labels $100.00 (v) Not Accessible Minor Plumbing Labels $100.00 (w) Hourly Inspection Fee for requests not in permit table - I hr minimum $45.00 . . Article 1; Table 3-C Page 2 of2 Efftctive 01/01/03 . CITY OF SPRINGFIELD DEVELOPMENTSER~CEDEPARTMENT COMMUNITY SER~CES DMSION BUILDING SAFETY CODES Article l;Table 3-D Mechanical Permit Fees In Reference to Article 3; Mechanical Specialty Code and Mechanical Fire and Life Safety Code To the following fees, please add 7% State Surcharge and 10% Administrative Fee. ID Description Fee (a) HVAC Up to 100,000 btu $12.00 More than 100,000 $15.00 Unit Heater $12.00 (b) Boiler/Compressor Up to 100,000 btu $12.00 3-15 Horsepower or 100,001 - 500,000 btu $22.00 Over 15 to 30 Horsepower or 500,001 - 999,000 btu $30.00 Over 30 to 50 Horsepower or 1,000,000 - 1,750,000 btu $44.00 . Over 50 Horsepower or over 1,750,001 btu $75.00 (c) Air Handling Unit Up to 10,000 cfin $8.00 10,001 cfin and over $15.00 Evaporative Cooler/Fan $9.00 (d) Vents Hood and Exhaust $9.00 Vent Fan to One Duct $6,00 Appliance Vent $6.00 (e) Gas Piping Each Piping System 1-4 Outlets $4.00 Each Outlet Over 4 $1.00 (t) Air, Oxygen, Other Medical Specialty Piping Each Piping System 1-4 Outlets $4.00 Each Outlet Over 4 $1. 00 (g) LP Gas Tank and Piping $12,00 . Article 1; Table 3-D Page I of 2 Effictive 01/01/03 ID Description Fee . (h) .Miscellaneous Domestic Incinerator $15.00 Commercial Incinerator $60.00 W ood/Pellet Stove $30.00 Heat Pump $12.00 Preliminary Inspection $45.00 (i) Each Appliance not listed on this schedule $9.00 G) Inspections not covered by this schedule $45.00 (k) Reinspection Fee $45.00 (1) Mechanical Issuance Fee $10.00 (m) Minimum Permit Fee $45.00 (n) Partial Inspection $45.00 (0) Inspections Outside Normal Business Hours - 1 hr minimum $67.50 (P) Investigation Fee $45.00 (q) Building Without Permit Penalty Permit Fee . (r) Hourly Inspection Fee for requests not in permit tables - I hr minimum $45.00 . Article 1; Table 3-D Page 2 of 2 Effective 01/01/03 ..., ORDINANCE NO. 6029 (General) . AN ORDINANCE AMENDING SECTION 105.9 AND 105.9.1 OF THE UNIFORM FIRE CODE AS AMENDED, CHANGED AND MORE P ARTICULARL Y DESCRIBED AND SET FORTH IN THE "CITY OF SPRINGFIELD 1997 UNIFORM FIRE CODE AMENDMENT" PRESCRIBING FEES FOR INSPECTION OF OCCUPANCIES REQUIRING HAZARDOUS MATERIALS PERMITS AND DECLARING AN EMERGENCY. THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS: Section 1- Section 105.9 of the Uniform Fire Code as amended and changed as more particularly described and set forth in the "City of Springfield 1997 Uniform Fire Code Amendment" is amended to read as follows: "105.9 Fees for Permits. Annual fees for the inspection of occupancies requiring Hazardous Materials Permits shall be set by the Springfield City Council by resolution. " Section 2 - Section 105.9.1 of the Uniform Fire Code as amended and changed as more particularly described and set forth in the "City of Springfield 1997 Uniform Fire Code Amendment" is amended to read as follows: . "Section 105.9.1. Fees for inspection of occupancies requiring hazardous materials permits other than annual permits shall be set by the Springfield City Council by resolution." Section 3 - In the event any section, clause, sentence Of provision of this Ordinance should be declared for any reason to be invalid, such declaration of invalidity shall not affect the validity of any other section, clause, sentence or provision of this Ordinance which can be given effect without such invalid part or parts. Section 4 - It is hereby found and determined that matters relating to the imposition of the Uniform Fire Code Fees are matters affecting the public health and welfare and that an emergency exists, and therefore this Ordinance shall take effect December 2, 2002. Adopted by the Common Council of the City of Springfield this 2nd day of December, 2002 by a vote of 6 in favor and 0 against. Approved by the Mayor of the City of Springfield this . ATTEST: ... O\d\<' lA)u ~ REVIEWED &. APPROVED AS TO FOAl\l'" &<fI:o\-\ J \~~ DATE: \,\12., L'2C~ OFFICE OF C~TY ATTORNEY . ORDINANCE NO. 6030 (REGULAR) AN ORDINANCE AMENDING THE METROPOLITAN AREA GENERAL PLAN DIAGRAM BY REDESIGNATING 22 ACRES OF LAND FROM PARKS AND OPEN SPACE AND COMMUNITY COMMERCIAL TO CAMPUS INDUSTRIAL. The City Council of the City of Springfield finds that: A. Article 7 of the Springfield Development Code sets forth criteria for Plan diagram amendments. B. On March 11,2002, the Springfield City Council initiated the following Metro Plan diagram amendment: Redesignate 22 acres of land from Parks and Open Space and Community Commercial to Campus Industrial, Jo. No. 2002-03-0062, Tax Lot 100, Assessor's Map 17-03-15-13 and a portion of Tax Lot 1000, Assessor's Map 17-03-15. C. On November 19,2002, the Springfield Planning Commission conducted public hearings to accept testimony and hear comments on this land use proposal. After the close of this public hearing the Planning Commission considered the testimony provided, including the staff report and all materials submitted in the application. The Planning Commission voted six in favor, none opposed, to forward a recommendation of approval to the Springfield City Council. . D. On December 2, 2002, the Springfield City Council held public hearings on this proposal. E. Evidence exists within the record and the findings attached hereto that the proposal meets the requirements of Article 7 of the Springfield Development Code. NOW, THEREFORE, THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS: Section 1: The above findings, and the findings set forth in Exhibit A attached hereto and incorporated herein by reference are hereby adopted. Section 2: The Metro Plan designation of Tax Lot 100, Assessor's Map 17-03-15-13, more particularly described in Exhibit B attached hereto and incorporated herein by reference, is hereby amended from Community Commercial to Campus Industrial, and the Metro Plan designation of a portion of Tax Lot 1000, Assessor's Map 17-03-15, more particularly described in Exhibit B attached hereto and incorporated herein by reference, is hereby amended from Parks and Open Space to Campus Industrial. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, that portion shall be deemed a separate, distinct, and independent provision and that holding shall not affect the validity of the remaining portions of this Ordinance. . ADOPTED by the Common Council of the City of Springfield by a vote of 5 for and ~ against this --2.!h day of December, 2002. Council President APPROVED by the~ayo:r of the City of Springfield this ~ day of December, 2002. . ATTEST: REVIEWED & APPROVED ~S~ FORM '" l .......,.() I ~ ~ ~ DATE:-1..L '2 \ ~'200<- . OFFICE OF CITY ATTORNEY . . C. I ; . . . ORDINANCE NO. 6031 (REGULAR) AN ORDINANCE AMENDING THE GA TEW A Y REFINEMENT PLAN DIAGRAM BY REDESIGNATING 22 ACRES OF LAND FROM PARKS AND OPEN SPACE AND COMMUNITY COMMERCIAL TO CAMPUS INDUSTRIAL CONSISTENT WITH THE METROPOLITAN AREA GENERAL PLAN DIAGRAM DESIGNA nONS FOR THIS PROPERTY. The City Council of the City of Springfield finds that: A. Article 7 of the Springfield Development Code sets forth the requirement for automatic amendment of refinement plan diagrams for consistency with the Metro Plan diagram. B. On March 11,2002, the Springfield City Council initiated the following Gateway Refinement Plan diagram amendment: Redesignate 22 acres of land from Parks and Open Space and Community Commercial to Campus Industrial consistent with the Metro Plan diagram designation for this land, Jo. No. 2002-03-0062, Tax Lot 100, Assessor's Map 17-03-15-13, and a portion of Tax Lot 1000, Assessor's Map 17-03-15. C. On November 19, 2002, the Springfield Planning Commission conducted public hearings to accept testimony and hear comments on this land use proposal. After the close of the public hearing the Planning Commission considered the testimony provided, including the staff report and all materials submitted in the application. The Planning Commission voted six in favor, none opposed, to forward a recommendation of approval to the Springfield City Council. D. On December 2, 2002, the Springfield City Council held public hearings on this proposal. E. Evidence exists within the record and the findings attached hereto that the proposal meets the requirements of Article 7 of the Springfield Development Code. NOW, THEREFORE, THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS: Section 1: The above findings, and the findings set forth in Exhibit A attached hereto and incorporated herein by reference are hereby adopted. Section 2: The Gateway Refinement Plan designation of Tax Lot 100, Assessor's Map 17-03-15-13, more particularly described in Exhibit B attached hereto and incorporated herein by reference, is hereby amended from Community Commercial Campus Industrial, and a portion of Tax Lot 1000, Assessor's Map 17-03-15, more particularly described in Exhibit B attached hereto and incorporated herein by reference, is hereby amended from Parks and Open Space to Campus Industrial. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, that portion shall be deemed a separate, distinct, and independent provision and that hold shall not affect the validity of the remaining portions of this Ordinance. . . . ... and ADOPTED by the Common Council of the City of Springfield by a vote of 5 o against this 9th day of December, 2002. Council Pfesident /~ APPROVED by th~iUtO the City of Springfiel 1:~', 9th day of December, //,~ / ~' " ~' v ~ for 2002. ATTEST: REVIEWED & APPROVED At:\. TO FORM \.. -..J ,:r, .....,. ~ "\ \"-A' ~ D/"Tt::-1.L\~ \ ~ ?~'- OFFICE OF CITY ATTORNEY