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HomeMy WebLinkAboutItem 01 Proposed Amendments to Article 26 - Hillside Development Overlay District Extending the Allowed Use of Density Transfer From South-Facing Slopes Only to All-Facing Slopes SPRINGFIELD CITY COUNCIL Meeting Date: Meeting Type: Department: Staff Contact: Staff Phone No: Estimated Time: June 25, 2007 Work Session Development~ Srvic . Mark Metzger. 726-3775 15 minutes AGENDA ITEM SUMMARY DISCUSSION/ FINANCIAL IMP ACT: PROPOSED AMENDMENTS TO ARTICLE 26-IDLLSIDE DEVELOPMENT OVERLAY DISTRICT EXTENDING THE ALLOWED USE OF DENSITY TRANSFER FROM SOUTH-FACING SLOPES ONLY TO ALL-FACING SLOPES. No action requested at this time. Staff will provide a briefing on proposed changes to Article 26 that will come before the Council on July 2nd. Development standards currently allow a "density transfer" from steep slopes to areas of lesser slope on south-facing hillsides in exchange for the preservation,ofthe steep slopes. At issue is whether to extend the density transfer provision to north, west and east facing slopes. Attachment 1: Staff Report Attachment 2: Background Report Attachment 3: Article 26 Amendments (Legislative Version) Attachment 4: Planning Commission Order Approximately 48% of Springfield's remaining inventory of residential land is affected by steep slopes. The Springfield Development Code allows for a transfer of the calculated number of homes that might be built on steep slopes to south-facing hillsides with slopes between 15 and 25% through a "density transfer." ITEM TITLE: ACTION REQUESTED: ISSUE STATEMENT: ATTACHMENTS: Density transfer is proposed for use in the Heritage Park development (Gray-Jaqua property in South Thurston Hills) on a north-facing hillside to allow an exchange of higher density development on lower slopes and the preservation of the upper slopes for park land. The pre-development agreement signed by the City with the developer of the Gray-Jaqua property includes a provision allowing consideration of a density transfer on the north facing slope of the property, provided that such density transfer is consistent'with the City's development code and land use' regulations. Other developments are being considered in the Thurston Hills that would benefit from an expanded application of density transfer to north, east and west facing slopes. Density transfer has been allowed since the Development Code was first adopted in 1986. Attachment 2 provides background on the origins of Article 26. Public Works has indicated that there is no known design or safety rationale for limiting density transfer to south-facing slopes. Staff is proposing to extend the density transfer provision to north, west and east facing slopes of 15 to 25%. All engineering and construction standards that have applied historically to development on south facing slopes would apply to the broader application of density transfer under the proposed revisions. The proposed changes to Article 26 include: 1) various changes needed to implement an extension of density transfer to all-facing hillsides with a slope of 15 to 25%; 2) allowing "average slope" to be used when calculating the number of units eligible for density transfer; and 3) the addition of a requirement in the Development Code that the developer pay for "peer review" of the sophisticated geotechnical and engineering analysis by a consultant of the City's choice for hillside development in order to ensure safe development and stable slopes. The Planning Commission met three times between February and April 2007, to evaluate the safety and prudence of allowing the proposed expansion of density transfers. These meetings spanned the time when the MountainGate slide was under scrutiny. Density transfer issues are not related to the circumstances of that slide. The Commission then voted unanimously to approve the changes to Article 26 found in Attachment 3 that will come before the Council at a public hearing on July 2nd. " City Of Springfield Development Services Department June 25, 2007 Staff Report Applicant: Journal No. City of Springfield LRP2006-00037 Request: ProcedureType: To make text amendments to the Springfield Development Code, Type IV-- Legislative Articles 26-Hillside Development Overlay District. Tbe purpose is to extend the ability to locate cluster development on all qualified hillsides with slopes of 15-25%. Article 26 currently allows cluster development on slopes between 15-25% on south-facing slopes only. Attachments: Attachment 2: Summary of Proposed Changes to Articles 26 in Legislative Format. Attachment 3: Background-Hillside Development Overlay District Attachment 4: Planning Commission Order I. Executive Summary The proposed amendments to Article 26-Hillside Development Overlay District (HDOD) are intended to: 1) extend the ability to locate cluster development to all-facing hillsides with slopes of between 15 and 25%; 2) adjust the formula for computing the number of units for density transfers; and 3) to require developers to pay for peer review of sophisticated geotechnical and engineering studies required for hillside development. . The practice of cluster development on slopes between 15 and 25% is already allowed by Article 26 on south-facing hillsides. The proposed amendments would allow that practice to be extended to all-facing hillsides between 15 and 25%, where such a development is deemed to be safe through a review process that includes a rigorous geo-technical analysis. The proposed amendments to the HDOD relate to inquiries that have been made by area developers and the larger issue of Springfield's remaining vacant buildable residential land. Table I-Vacant and Buildable Lands by Slope was produced by Lane Council of Governments for the Homebuilders Association of Lane County in 2005 as part of a larger report. The table shows that about 48% of Springfield's remaining land zoned for low density residential development is located on slopes of 15% or more. ATTACHMENT Staff Report: Proposed Amendments to Article 26 June 25,2007 1-1 1 Table 1. Vacant Buildable Land in Springfield by Slope Total LDR 1145..5 446.9 615.3 2207.7 51.9% 20.2% 27.9% With almost half of Springfield's remaining single-family residential inventory located on slopes affected by the HDOD, a review of the standards is appropriate as new development is poised to impact these lands. Cluster development is a tool which.. is designed to help communities to protect natural resource areas from development while allowing property owners to "transfer" some of the development density that they are losing to another, less ,sensitive site. Article 26 allows development on steep slopes, but requires large lots. Generally, largerlot sizes mean lower development density. Article 26 makes provisions for density transfers (cluster development) in areas affected by slopes. The idea is to credit developers for not developing on steep slopes by allowing them to increase the density of development on land with lesser slope. The developer must agree to protect the steeper slopes from any future development to be allowed the increased density (density transfer). Clustering of residential density from preserved hillsides is illustrated above. Staff Report: Proposed Amendments to Article 26 June 25, 2007 2 1-2 Section 26.050 of Article 26 describes two options for development on slopes that affect density. Option "A" requires increasingly larger lots for homes on increasingly steeper slopes. Option "B" allows for a transfer of density from steep areas to lesser slopes to achieve higher development density. Development density is capped at 8 dwelling units per acre, which is less than the I 0 units per acre allowed within the LDR zone. Under Option B density transfer can be made to land with slopes up to 15%. Density transfers may be made to slopes up to 25% on south-facing slopes. No rationale is offered for allowing density transfers on steeper south facing slopes and not on other slopes. A staff review of the legislative history of Article 26 failed to reveal the reason for the limitation. Through a series of meetings between public works engineering, environmental services, and planning staff, no specific reason could be identified for limiting cluster development on 15,,25% slopes to just south-facing hillsides. The critical issue that was identified was the need to conduct a thorough geotechnical review of each site to determine if the area is stable enough support increased development. The same concern for requiring a rigorous geotechnical review was promoted by private practice engineers and a developer who were interviewed. The private practice engineer further suggested that developers be required to fund a "peer review" of the geotechnical report fora property (at the discretion ofthe City) to verify the accuracy of the findings and recommendations of report. The specific text of the amendments are scattered throughout Article 26. Please see Attachment 1 to examine the proposed changes in legislative format that show the existing text and highlight changes. U. Procedural Requirements Procedural requirements for amending the Springfield Development Code (SDC) are described in Article 8 and Article 14. Article 8 indicates that the Planning Director, Planning Commission, City Council or 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 COnlmission and the City Council. Type IV procedures are detailed in Article 3.100 of the SDC. The proposed revisions to Articles 26 have b,een initiated by the Planning Direc~or. 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: # I. The Planning Director has initiated these amendments to Article 26-Hillside Development Overlay District. The amendments are not site specific and fall under the definition of a legislative action. - Staff Report: Proposed Amendments to Article 26 June 25, 2007 3 1-3 #2. A "DLCD Notice Proposed Amendment" was mailed to the Department of Land Conservation and Development on December 19, 2007, alerting the agency to the City's intent to amend the Article 26. The notice was mailed more than 4;5 days i~ advance of the first evidentiary hearing as required by ORS 197.610. No comment has been received from the Department concerning the amendments. #3. Notice ofthe public hearing concerning this matter was published on June 11,2007 in the Eugene Register Guard, advertising the hearing before the Springfield City Council on July 2, 2007. The content ofthe notice followed the direction given in Section 14.030 (2) of the SDC for legislative actions. Conclusion: 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 (Metro Plan) is the basic guiding land use policy document for the City of Springfield. A text search related to development on steep slopes and hillside development yielded little specific policy. #5. Steep slopes are recognized as a development constraint for residential lands by findings made in Section A-Residential Element (pg. III-A-2). #6. Section E-Environmental Design Element, Polley E.8 states, "Site planning standards developed by local jurisdictions shall allow for flexibility in design that will achieve site planning objectives while allowing for creative solutions to design problems" (pg. III-E- 3). #7. The Springfield Development Code (SDC) implements the Metro Plan. It contains various planning policies and standards including Article 26-Hillside Development Overlay District which sets forth standards for development on hillsides with a slope of 15% and greater. When the Springfield Development Code was adopted in May 1986, it was found by the City Council to be consistent with the Metro Plan. The Development Staff Report: Proposed Amendments to Article 26 June 25, 2007 4 1-4 Code was subsequently acknowledged by the Land Conservation and Development Commission as being consistent with the Metro Plan and with Statewide Planning Goals. #8. Section 26.010 of the Hillside Development Overlay District makes the following purpose statement: "The HD Overlay District ensures that development in hillside areas: Minimizes the potential for earth movement and resultant hazards to life and property; Protects water quality by minimizing soil erosion and siltation; Retains and protects natural vegetation, natural water features and drainageways, scenic quality and open space by minimizing vegetation removal in sloped areas; Assure compatibility with new development with surrounding areas; Encourages site and building design that is consistent with the natural topography in order to minimize the cost of public infrastructure; Provides for adequate access for emergency services and protects the public health and safety." #9. The proposed amendments provides for cluster development on hillsides with a slope between 15 and 25% with certain standards and prior analysis meant to ensure that such d~velopment meets the purposes listed in Finding #8. Such cluster development is currently allowed on south-facing as described in Section 26.050, "Option B." The amendments would extend cluster development to all-facing hillsides with 15-25% slope. The same standards for geotechnical reporting and other planning and engineering analysis remain in place. #10. Cluster development is a widely recognized tool for addressing site design problems while achieving the objective of making the best use ofland of inventoried residential land on constrained sites while protecting valuable natural areas. The amendments clarify and facilitate the greater use of cluster development, consistent with the Metro Plan policies cited in Findings #5 and #6. Conclusion The findings show that the proposed amendments facilitate Metro Plan policies and are consistent with those few policies related to hillside development found in the Metro Plan. The proposed amendments to Article 26, based on the findings included above, are consistent with the Metro Plan. It is the conclusion of,staff that the proposed amendments comply with this criterion. Staff Report: Proposed Amendments to Article 26 June 25, 2007 5 1-5 Criterion #2 "Conformance with Applicable State Statutes" Finding #11. A text search of the Oregon Revised Statutes yielded no references to hillside development or development on steep slopes that prevent or limit their location as a land use policy. The statutes authorized the establishment of Oregon's Statewide Planning Goals which include Goal 7-Areas Subject to Natural Disasters and Hazards. Conclusion The Oregon Revised Statutes appear to be silent on the specifics of hillside development policy. The statutes do address hillside development issues through Statewide Planning Goal 7 which is discussed below under Criterion #3. For lack of a prohibition against it, hillside development and cluster development are presumed to be allowable development forms. This action clarifies how cluster development on hillsides may be accomplished in a safe manner that is sensitive to multiple community purposes. The proposed amendments to Articles 26, based on the findings included above, are consistent with applicable state statutes. It is the conclusion of staffthat the proposed amendments comply with this criterion. Criterion #3 "Applicable State-wide Planning Goals and Administrative Rules" Findings Compliance with Administrative Rules #12. A text search of the Oregon Administrative Rules (OAR) yielded no references to specific policies related to hillside development or cluster development. OAR Division 15 describes Oregon's Statewide Planning Goals. Goal 7-Areas Subject to Natural Hazards is among the Goal listed. #13. Statewide Planning Goal 7 states that "Local governments shall adopt comprehensive plans (inventories, policies and implementing measures) to reduce risk to people and property from natural hazards. Among these hazards are "landslides." # 14. The standards 'found in Article 26 are intended to protect the community from landslides and related hazards caused by improper development of slopes. The proposed amendments embrace the existing standards while allowing the extension of cluster development to all-facing slopes and not just south facing slopes. Staff Report: Proposed Amendments to Article 26 June 25, 2007 6 1-6 #15. The proposed amendments include strengthen provisions for emergency access and water lines in hillside areas and precludes the finalizing of plats or sale of lots before such facilities have been tested and approved by the Fire Marshal. Compliance with Statewide Planning Goals #16. Goal] - Citizen Involvement. Goall calls for "the opportunity for citizens to be involved in all phases of the planning process." The proposed amendments to Article 26 were the subject oflegislative public hearings advertised in the Eugene Register Guard on January 26, 2007. The Planning Commission is conducted a public hearing on February 6, 2007. The Commission continued the hearing twice to include March 13 and April 17, 2007. The City Council is scheduled to hold a public hearing on July 2, 2007. # 17. Goal 2 - Land Use Planning. Goal 2 outlines the basic proc'edures 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 SDC implements the policies and direction of the Metro Plan. The proposed amendments to Articles 26 will modify existing standards for development that implement adopted policies found in the Metro Plan as cited in Findings #8-#10 above. #18. 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 zoning. This goal does not apply within adopted, acknowledged urban growth boundaries. The City of Springfield does not have any agricultural zoning districts. These amendments do not apply outside the urban growth boundary anq, because of limitations 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. #19. Goal 4 - Forest Land. This goal defines forest rands 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. These amendments do not apply outside the urban growth boundary and, because of limitations on commercial and . industrial development without full urban services, generally do not apply outside the city Staff Report: Proposed Amendments to Article 26 June 25, 2007 7 1-7 limits. All land in the City's urban transition area carries City zoning. Ai1 exception to this goal was taken in 1982 when the comprehensive plan was acknowledged. #20. Goal 5 - Open Spaces, Scenic and Historic Areas, and Natural Resources. GoalS 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. The amendments to Articles 26 do 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 GoalS are affected by these amendrrients. 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. The amendments to Article 26 do not repeal, replace or void existing Metro Plan policy or Development Code regulations with respect to any identified air, water or land resource issues. No changes to supporting ordinances or policy documents adopted to comply with Goal 6 are affected by these amendments. #21. Goal 7 - Areas Subjectto Natural Disasters and Hazards. Goal 7 deals with development in places subj ect 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 amendments do not remove or exempt compliance with other Code staFldards that may apply to development. The standards found in Article 26 are intended to protect the community from landslides and related hazards caused by improper development of slopes. The proposed amendments embrace the existing standards while allowing the extension of cluster development to all-facing slopes and not just south facing slopes. The proposed amendments include strengthen provisions for emergency access and water lines in hillside areas and precludes the finalizing of plats or sale of lots before such facilities have been tested and approved by the Fire Marshal. #22. 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 Recr~ation District is the entity responsible for park planning, development and maintenance in the urban transition area as well as the city limits. The proposed amendments to do not alter policies encouraging the provision of recreational facilities or the incorporation of community open space in development design. Expanding the opportunity to apply density transfer holds the possibility of Staff Report: Proposed Amendments to Article 26 June 25,2007 8 1-8 . preserving property in the hills that might be acquired by the Willamalane Park and Recreation District. #23. 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 amendments to Articles 26 do not repeal, replace or void existing Metro Plan policy or Development Code regulations with respect to any economic development issues. No changes to supporting ordinances or policy documents adopted to comply with Goal 9 are affected by these amendments. / #24. Goal] 0 - Housing. This goal specifies that each city must plan for and accommodate needed housing types, such as multifamily and manufactured housing. The amendments to Articles 26 do not repeal, replace ,or void existing Metro Plan policy or Development Code regulations with respect to any housing issues. No changes to supporting ordinances or policy documents adopted to comply with Goal, 10 are affected by these amendments; . The proposed amendments may encourage more efficient development of residential land located on hillsides by facilitating cluster development as a means of increasing development density while protecting sensitive natural areas. #25. Goalll-Public Facilities and Services. Goal l1.calls for efficient planning ofpublic services such as sewers, water, law enforcement, and fire protection. The Eugene-Springfield 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 amendments to Articles 26 do not repeal, replace or void existing Metro Plan policy or Development Code regulations with respect to any public facilities. No changes to supporting ordinances or policy documents adopted to comply with Goal II are affected by these amendments. The proposed amendments include strengthen provisions for emergency access and water lines in hillside areas and precludes the finalizing of plats or sale of lots before such facilities have been tested and approved by the Fire Marshal. #26. Goal]2 - Transportation. The goal aims toproyide "a safe, convenient and economic transportation system." Section 660-012-0060 of the Transportation Planning Rules requires evaluation ofa comprehensive plan or land use regulation amendment to determine if an amendment to the Springfield Development Code significantly affects a transportation facility. 'The proposed amendments do 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 Staff Report: Proposed Amendments to Article 26 June 25,2007 9 1-9 . level of service of a facility below the minimum acceptable level identified in the Metropolitan Area Transportatio!l Plan (TransPlan). #27. 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 amendments to Articles 26 do not repeal, replace or void existing Metro Plan policy or Development Code regulations with respect to energy conservation. No changes to supporting ordinances or policy documents adopted to comply with Goal 13 are affected ~~~~~. . #28. Goal]4 - 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 amendments to Articles 26 do not repeal, replace or void existing Metro Plan policy or Development Code regulations with respect to Springfield's inventory of buildable lands. No changes to supporting ordinances or policy documents adopted to comply with Goal 14 are affected by these amendments. . The proposed amendments may increase the viable use oflands within the UGB that are currently shown on the residential land inventory that are constrained by steep slopes. Cluster development has been used effectively in some communities to safely develop some hillside areas, without undue loss of property value for land owners, while preserving steeper areas as community open space. #29. Goal]5 - Willamette River Greenway. Goal 15 sets forth procedures for administering the 300 miles of greenway that protects the Willamette River. The proposed amendments to Articles 46 do 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. #30. 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 proposed amendments to Articles 26, based on the findings included above, are consistent with Oregon Administrative Rules and Oregon's Statewide Planning Goals. It is the conclusion of staff that the proposed amendments comply with this criterion. Staff Report: ProposedAmendments to Article 26 June 25, 2007 10 1-10 V. Conclusion and Recommendation of Staff . Based on the findings of staff with respect to the criteria defined in Article 8 for approving amendments to the SDC, staff finds the proposed amendments to Articles 26 to be consistent with these criteria and recommend approval of the proposed amendments. Staff Report: Proposed Amendments to Article 26 June 25, 2007 1-11 11 I BACKGROUND ARTICLE 26--HILLSIDE DEVELOPMENT OVERLAY DISTRICT BACKGROUND AND ORIGINAL INTENT. Article 26, the Hillside Development Overlay District (HDOD), was adopted as part of the original Springfield Development Code on May 5, 1986. It was not a later addition to the Code. As such, there is little discussion in the record that is specific to the purpose or intent of the HDOD. The original text of the HDOD includes a "Commentary" page at the beginning of the Article. The Commentary provides background about the derivation of the HDOD. This commentary text is shown below in its entirety. COMMENTARY ARTICLE 26 HD HILLSIDE DEVELOPMENT OVERLAY DISTRICT. Ref. Gresham Development Code. This article establishes the HD Overlay District: Gresham's ,standards were used as the basis of this Article since that city's topographic conditions are similar to Springfield's. This Article is less restrictive than Gresham's. The introductory provisions of ~resham's Ordinance state: "The Hillside Physical Constraint District includes all areas of the City where the slope of the land is 15% or greater and shown on the Community Development Code map. Contained in this section are the special requirements which apply to development within these areas. . The uses permitted in the Physical Constraint District are such uses which are consistent with the Community Development Plan, such as, but not limited to, housing, open space, parks, and any subsequent use which may be permitted by the City Council. The maximum residential development shall be one dwelling unit per existing lot of record on slopes greater than 35% prior to grading. Open space, greenways, and recreational trails may be developed. Two options have been created for the development of land within this constraint district. The first option; Option A, id designed to tie the lot siz_es of a land division to the average slope of the parcel. The second option, Option B, is to allow for a density transfer bonus to stimulate development on those areas of the parcel where the slope of the land is les than 15%." In-house has added: an additional area for the transfer bonus; south facing slopes between 15 and percent, Section 26.030 (2). Out-house has added: street grade standards, Section 26.040. The commentary notes that Article 26 was derived from the City of Gresham's Hillside Physical Constraint District. In the absence of a legislative history in the form of staff Hillside Development Policy Review June 25, 2007 1 A TT ACHMENT -- 2- L _ _ presentation or discussion of Article 26 before the Planning Commission or Council, staff has looked to the purpose statements contained in both the Gresham Hillside Physical Constraint District and the HDOD to gain some understanding of what both cities were attempting to achieve through the standards each adopted. Table 1 shows the similarities between the Gresham and Springfield purpose statements found in their respective hillside development policies. Table 1. Comparison of Purpose Statements (A) Minimize the potential for earth movement and resultant hazards to life and property; (B) Minimize soil erosion and siltation; (C) Protect water quality; (D) Minimize vegetation removal in sloped areas; (E) Protect the aesthetic and scenic qualities of hillside areas; (F) Assure the compatibility of a new development with surrounding areas; (G) Encourage site and building design which is consistent with the natural topography; and; Hillside Development Policy Review June 25. 2007 Minimizes the potential for earth movement and resultant hazards to life and property; Protects water quality by minimizing soil erosion and siltation; Retains and protects natural vegetation, natural water features and drainageways, scenic quality and open space by minimizing vegetation remov_al in sloped areas; Assure compatibility with new development with surrounding areas; Encourages-site and building design that is consistent with the natural topography in order to minimize the cost of ublic infrastructure; 2 2-2 (H) Minimize the cost of public , infrastructure provision... . . . and provide for adequate access for Provides for adequate access for emergency services." emergency services and protects the public health and safety" The elements of Gresham and Springfield's purpose statements are virtually identical. This is consistent with the statement in the "Commentary" to the original Article 26 that "Gresham's standards were used as the basis of this Article since that city's topographic conditions are similar to Springfield's." Clearly, the ordinance was intended to address more than just the safety and infrastructure issues related to building on slopes. Aesthetics, water quality and retention of vegetation were also important issues. PROBLEM STATEMENT: CONTEXT Robert Olshansky, writing in Planning for Hillside Development], raises the question, "From a planning point of view, as opposed to engineering or landscape design, what is the best form of hillside development? Is it better to have well-designed high-density development that respects natural features? Such a system can meet housing needs, provide for safety in intensely developed zones, and protect the natural qualities in open space areas. Is it best to have well-engineered mass grading? This is the optimal way to meet American demands for single-family homes and views in a manner that is safe and relatively affordable to the middle class. Or is it best to simply reduce density on slopes, thereby retaining their visual qualities for all of the people who look at them from the valleys. Finally, is it possible to meet all of the goals-provide for safety, protect the environment, maintain the aesthetic quality, and provide affordable dwellings?" Conventional Development Cluster Development 1 Planning for Hillside Development; Robert Olshansky, Planni;1g Advisory Servi~e Report Number 466, American Planning Association, 1996. Hillside Development Policy Review 3 June 25, 2007 2-3 Olshansky continues, "Planners often devise multipurpose "hillside ordinances," not admitting the inherent contradictions of purpose that some of these represent." Are some of the purposes in Section 26.010 inherently contradictory? Can we meet all of the purposes and allow the development of housing that is affordable to Springfield residents? The importance of reviewing Springfield's HODO'at this time relates to both the inquiries that have been made recently by area developers and the larger issue of Springfield's remaining vacant buildable residential land. The Table 2 was produced by L-COG for the Homebuilders Association of Lane County in 2005. It demonstrates how much of Springfield's remaining residential inventory is affected by step slopes. Table 2, below, shows that Springfield has about 2207.7 acres of vacant buildable acres designated for Low Density Residential development. Of that total, 1062.2 acres are located on slopes of 15% or more. That's about 48% of Springfield's remaining single- family residential inventory. The Medium and High Density Residential inventories are less affected. Of a total of 324 acres, only 16.8 (5%) are affected by slopes of 15% or more. With half of Springfield's remaining residential inventory located on slopes affected by the HDOD, a review of the standards is appropriate as new development is poised to impact these lands. Table 2. Vacant Buildable Land in Springfield by Slope Low Densi Residenti3lotal of all Residential Districts Slo e: U to 15% 15 to 25 Greater than 25 Total LDR 1145.5 446.9 615.3 2207.7 Medium Densi Residential Slo e: U to 15% 15 to 25 Greater than 25 Total MDR 281.4 4.8 I 1.4 297.6 Hillside Development Policy Review June 25, 2007 25.9 .4 .2 4 2-4 The HDOD reduces development densities on slopes that are 15% or greater and on lots that have an elevation above 670 feet. Minimum lot sizes increase as the slope of the land increases. Generally, larger lot sizes mean lower development density. Some provisions are made for density transfers in areas affected by slopes: Section 26.050 describes two options for development on slopes that affect density. Option "A" requires increasingly larger lots for homes on increasingly steeper slopes. Option "B" allows for a transfer of density from steep areas to lesser slopes to achieve higher development density. This density transfer is allowed on slopes up to 15% on most slopes. Density transfers may be made to slopes up to 25% on south facing slopes (no rationale is offered for allowing density transfers on steeper south facing slopes). Table 3 shows how minimum lot size increases with in greater slope. The table also shows how slopes are treated under Option A and Option B described in Section 28.050 of the HDOD.' , . Table 3. Section 26.050 Options "A" and "B" Less than 1 0,000 sq. ft. 60 ft. 3 Up to 8 15% and above 670 ft. 15%-25% 10,000 sq. ft. 90 ft. 3 Up to 8 on south-facing slo es 25%-35% 20,000 sq. ft. 150 ft. 2 N/A Over 35% 40,000 sq. ft. 200 ft. <1 N/A Standard 4500-5000 sq. ft. 45-60 ft. Typical density: Lot 6000 sq. ft. for 35 ft. for 4 to 5 units In LDR cul-de-sac cul-de-sac Problem Statement: Can the City allow development density on slopes greater than 15% to be increased above current levels and continue to achieve the purposes detailed in Section 26.010? In particular, can the level of density achieved through density transfer on south facing slopes (15-25%) be extended to other areas? Hillside Development Policy Review June 25, 2007 5 2-5 How DOES SPRINGFIELD'S HDOD COMPARE WITH OTHER COMMUNITIES? Olshansky's report collected and analyzed more than 190 hillside development plans and ordinances. In doing so, he summarized the characteristics of these ordinances in the form of tables. .These tables are shown below. Statements of Purpose Aesthetics Natural Phenomena Geologic Hazards Health, Safety, General Welfare Natural Resources Access 75% X 71% 64% X 64% X 60% X 30% X (For Emergency Vehicles) Fire Protection 29% Thresholds for Hillside Regulation 40% 5 35% 1 30% 10 25% 16 20% 16 17% 4 15% S rin field 31 Median avera e)* 12% 5 10% 54 5%" 8 * About 65% of reporting jurisdictions have thresholds that are triggered by slopes of 15% or less. Implementing Strategies Used by Responding Jurisdictions Land Use and Lot Size Specifying maximum densit S eci in minimum 43 Hillside Development Policy Review June 25, 2007 TreeN e etation Restrictions Mandated replacement or re lantin Limited removal 57 6 2-6 lot size Specifying permitted 36 Fire safety as basis 36 uses Require no-build areas 10 Vegetation management 28 (% oflot) mandated Site Design and 87 ** Road and Parking 61 ** Construction Restrictions Grading 72 Road standards 42 Setbacks 56 Roads parallel to contours 38 Open Space 39 Parking restrictions 35 Clustering 32 Common access drives 14 Impervious surface 26 Other Design Regulations 28 Coverage Buildim! Restrictions 72 ** Lighting 22 Type or design 53 Signage 12 Maximum height 45 Procedural and Policy 89 ** Strategies Materials restricted 39 Require technical studies by 59 professionals Fire safety as basis 26 Variances for special 42 exceptions Orientation! siting 21 Grandparenting of existing 36 uses Maximum footprint 12 Conditional uses permitted 29 Transfer development rights, 21 density bonuses Homeowners Association 10 ** Included in Springfield Ordinances SUCCESS OR FAILURE TO ACHIEVE HDOD PURPOSES TO DATE? Using GIS, staff identified 176 homes built since 1986 in areas of Springfield with a sloge of 15% or more. Most of these homes were located in the Thurston Hills between 67 and 73rd Streets, south of Main. Some additional homes were 10cated in the Kelly Butte area off of Prescott Street, and in the Ambleside subdivision, north of 31 st Street and Marcola Rd near Moe Mt. New houses have be~n completed and others are under construction in the Mountaingate subdivision. I have attached maps of these neighborhoods showing the location of the new construction. HILLSIDE DEVELOPMENT SINCE 1986 The following maps show homes that have been built on slopes since the adoption of the HDOD in 1986. The maps were created using GIS to illuminate tax lots that have been build upon since 1986 in areas that have a slope of 15% or more. -Hillside Development Policy Review June 25,2007 7 2-7 o Lots on Slopes >15% Hillside Development Since 1986 Thurston Hills (1) 200 0 200 400 Feet 1""""1I t..-......IIII Hillside Development Policy Review June 25, 2007 2-8 8 CD Lots on Slopes >15% Hillside Development Since 1986 Mountaingate Cl) 200 0 200 400 Feet 1"""""'1II Hillside Development Policy Review June 25,2007 2-9 9 CJ lots on Slopes >15% Hillside Development Since 1986 Kelly Butte ClJ 200 0 200 400 Feet l""""""lI Hillside Development Policy Review June 25, 2007 2-10 10 o Lots on Slopes >15% Hillside Development Since 1986 Ambleside (l) ,200 0 200 400 Fe< I"""'""""l Hillside Development Policy Review June 25, 2007 2-11 11 Summary of Proposed Amendments to Article 26 Hillside Development Overlay District tiF, i>ttJIf'iiftfil,",..5t\,",',', ':,',', '\1107' ib\;UUeUcRliext Dclctcd Text ARTICLE 26 HD HILLSIDE DEVELOPMENT OVERLAY DISTRICT 26.010 PURPOSE 26.020 RESERVED FOR FUTURE USE 26.030 APPLICABILITY 26.040 REVIEW 26.050 DEVELOPMENT DENSITY OPTIONS 26.060 STREET GRADE STANDARDS 26.070 REPORTS REQUIRED 26.080 MODIFICATION OF STANDARDS 26.090 FIRE PROTECTION REQUIREMENTS ATTACHMENT 3-1 ARTICLE 26 HD HILLSIDE DEVELOPMENT OVERLAY DISTRICT 26.010 PURPOSE. The HD Overlay District ensures that development in hillside areas: Minimizes the potential for earth movement and resultant hazards to life and property; protects water quality by minimizing soil erosion and siltation; retains and protects natural vegetation, natural water features and drainageways, scenic quality and open space by minimizing vegetation removal in sloped areas; assures the compatibility of new development with surrounding areas; encourages site and building design that is consistent with the natural topography in order to minimize the cost of providing public infrastructure; provides for adequate access for emergency services; and otherwise protects the public health and safety. 26.020 RESERVED FOR FUTURE USE. 26.030 APPLICABILITY. The HD Overlay District shall apply in residential zoning districts within the city limits and the City's urbanizable areas above 670 feet elevation or . 26.040 REVIEW. (1) Development within the HD Overlay District shall be reviewed under Type II procedure, submitted concurrently with the applicable application for a: Site Plan Review, Property Line Adjustment, or a Partition or Subdivision Tentative Plan. (2) A complete application together with all required materials shall be submitted to the Director prior to the review of the request as specified in Section 3.050, Application Submittal. 26.050 DEVELOPMENT DENSITY ~i\) OPTIONS. ~fitl'~t~IfWel~~ ~lig~ 3-2 ~~~f~e!!im1i~~s] '^-"-=="%^^'WV,%.~~W^^~-' :;"":;''''''':'fli&f,,"0Vth'^^, ,,;"10:, el1Qls:ess:, ,an The developer has two options for the development of steeply sloped land. The first option, Option" A", is designed to correlate minimum lot sizes to the average slope of the development area. The second option, Option "B", is designed to allow for a density transfer bonus to stimulate d~velopment on those portions of the development area where the slope of the land ~s less than 15 percent. A combination of Options "A" and "B" may be used. (2) OPTION' "A" - AVERAGE SLOPE - MINIMUM LOT SIZE. The site development requirements of the LDR District shall apply, with the exception of the minimum lot size and duplex standards. Determination ofminimUIll lot size where the slope is 15 percent or greater is a 3 step process. - (a) Step 'A-I' Determine the area ofthe parcel where the slope of the land is: 1. Less than 15 percent. 2. From 15 percent to 35 percent. 3. ^ Greater than 35 percent. Use the following formula to determine the % of slope: Vertical distance between contours = V x 100 = % slope Horizontal distance between contours = H Indicate the portions of the development area that are less than 15 percent; from - 0'\1 15 percent to 35 percent; and greater than 35 percent then use a planimeter OF ~tm;ted1fiblbgy~lT~tKf,'~&lrn~l@i~'lrffirgill~~ to determine the land area of each category. (b) Step 'A-2' Determine the average slope of the portion of the development area where the slope of land is from IS percent to 35 percent by using the following formula: S = 0.00229 I L A Where: S = Average % of slope for the area where the slope ranges from 15 percent to 35 percent. 3-3 I = Contour interval. (Not greater than 10 feet). L = Summation oflength of the contour lines within the area where the slope is from 15 percent to 35 percent. A = Area in acres of the portion ofthe parcel where the slope is from 15 percent to 35 percent. (c) Step 'A-3' Determine the minimum lot size for the portion of the development area where the slope of the land is greater than 15% by using the following Table: TABLE 26-1 MINIMUM LOT SIZE PER DWELLING UNIT Less than 15% ~filw{i)'t)aeznfit)fS** 10,000 sq. ft. 60 ft. 15% - 25% 10,000 S . Ft. 90 ft. 25% - 35% 20,000s . ft. 150 ft. Over 35% 40,000 s . ft. . 200 ft. * Panhandles are permitted only when requirements of this Section pertaining to fire protection and lot size are met and the lot cannot be served with a public street. Minimum frontage standards for all other lots may be amended by the Director when it is found that the topography or location of natural features prevent achieving the standard. CuI de sac frontages are as specified in Section 16.030. E"'V ** 'floodcd lots only. ** '.' ~1'~~~tib"\':i::wm~li:(~6fitlr, ma OPTION "B" DENSITY TRANSFER BONUS. In order to promote the preservation of natural slopes greater than [~~~' perc~~t.~d~~~~~~?~~81~.~~~~~s, development density transfer is encouraged when dividing land ~ItJi,tslOpe~;;:gt~~t~t~Itliai1g@S~~ The density transfer bonus is only feasible where there are sizable portions of the development area which have slopes less than [+S pcrcent, or which havc a south facing slopes oflcs3 than] 25 percent. Determination of the density transfer bonus is a 4 step process: (a) Step 'B-I ' Determine the area of the parcel where the average slope of the land is: 1. Less than IS percent. 2. From 15 percent to [35] ~~IWercent. 3. [Greater than 35 pcrccnt] 3-4 (b) (c) (d) 4. p'?z>2;~WjY})Jf'~Tf;*7.4?F:Jt.ff"?~~W.w%"H%WprqX1?: [South facing slopes 15 to 25 pereent ]G1.tel.lteF5th'a.rJ.ThS;~jIP~c1iIit;~ Step 'B-2' Determine the average slope of the area of the parcel where the average slope 8:':~?~~7F.'W,?:-:tlw~n[,"::1:-):''''7~m~~p-W'''~lwr;-::'::~7]jt':;T?~~;'~ of the land is [from 15 to 3 5 percent] greater;;than']5~ip~cent by using the formula identified in Option A, Step 'A-2'. Step 'B-3' Determine the number of potential lots for the total development area which could have been permitted, for the portion of the parcel where the average slope is greater than 15 percent, if the average slope option had been considered by using Table 26-1 in Option "An, Step 'A-3'. Step 'B-4' Multiply the number of potential lots by 1.2 to determine the density that may be transferred to those sections of the development area where the slopes are less than [H percent, or v/hcn the a';emge south facing slope is between 15 and] 25 percent. In no . case shall the density of the developed portion of the site exceed 8 dwelling units per . developable acre, (i.e., excluding streets and open space). Land of eater than l~"%" . percent average [slope subject to density transfer provisions] "h~;~ \t\,:::,:'::"?:'1~'~':wyt:;.'~'.wm>::'::_~f/~X>:,'i;:::-'X'~"C\:<'\r,:-:\? ~~sitVfitraIlsIer::bon:us shall be maintained as permanent open space or dedicated for park ~~;f Modification of standards as stated in Section 26.(R.~0 of this Article may be applied to the entire development area. 26.060 STREET GRADE STANDARDS. (1) Streets shall be contoured in hillside areas to minimize environmental and scenic disruption. (2) Street grades may exceed the 12 percent local street standard specified in Section 32.020, Street Standards - Public only where topographical conditions make it impractical to meet the 12 percent standard, subject to the following conditions: (a) Except for lots created prior to the adoption of the Comprehensive Zoning Code, 1982, no driveways or intersections shall be permitted where street grades exceed 12 percent. (b) No street with a grade of 15 percent or greater shall be 'permitted for a distance of more than 200 feet. (c) In no case shall a street grade exceed 18 percent for any distance. 26.070 REPORTS REQUIRED. Where the buildable portion of the land to be developed exceeds 15 percent average slope, the following reports shall be required and their conclusions applied in order to prevent or mitigate possible hazards to life and rope and adverse impacts on the natural environment, consistent with the purpose of this Article. ~ ""'}W!!fiW:-j-~"~:~;;":?QW ffilie he:iCli "j (1) Geotechnical Report. This report shall include data regarding the geology of the site, the nature, distribution, and strength of existing soils, conclusions and recommendations for grading 3-5 procedures, design criteria for corrective measures, and options and recommendations to maintain soil and slope stability and minimize erosion of the site to be developed in a manner imposing the minimum variance from the natural conditions. The investigation and report shall be prepared by a civil engineer/geologist or a geotechnical engineer. (2) Grading Plan Report. This plan shall include the following information: (a) Existing and proposed details and contours (five-foot intervals) of property; (b) Details of terrain and area drainage; (c) Location of any existing buildings or structures on the property where the work is to be performed, the location of any existing buildings or structures on land of adjacent owners which are within 10.o feet of the property or which may be affected by the proposed grading operations, and proposed or approximate locations of structures relative to adjacent topography; (d) The direction of drainage flow and the approximate grade of all streets with the final determination to be made in accordance with Section 26.070(4) of this Article; (e) Limiting dimensions, elevations, or finished contours to be achieved by the grading, including all cut and fill slopes, proposed drainage channels, and related construction; (f) Detailed plans and locations of all surface and subsurface drainage devices, walls, dams, sediment basins, storage reservoirs, and other protective devices to be constructed with, or as a part ,of, the proposed work, together with a map showing drainage areas, the complete drainage network, including outfall lines and natural drainageways which may be affected by the proposed development, and the estimated run-off of the area served by the drains; (g) A schedule showing when each stage of the project will be completed, including the total area of soil surface which is to be disturbed during each stage, and estimated starting and completion dates; the schedule shall be drawn up to limit to the shortest possible period the time that soil is exposed and unprotected. In no event shall the existing "natural" vegetative ground cover be destroyed, removed, or disturbed more than 15 days prior to grading or construction of required improvements. Within IS days of grading or other pre-development activity that removes or significantly disturbs ground cover vegetation, exposed soil shall either be built upon (i.e., covered with gravel, a slab foundation or . other construction), landscaped (i.e., seeded or planted with ground cover) or otherwise protected; and (h) The Grading Plan shall be prepared by a civil engineer. (3) Vegetation and Re-vegetation Report. . This report shall be in accordance with Section 38.030(2) of this Code if tree felling is proposed. 3-6 (4) Verification of Slope and Grade Percentages. Prior to acceptance of the Final Plat, all streets shall be cross-sectioned and their center-lines staked in the field, to determine the accuracy of preliminary slope and grade percentages. If there are significant differences between preliminary and final grade and slope determinations, i.e., density or street gradients exceed the limits set forth in this Article, the Tentative Plan shall be modified to reflect the revised information and resubmitted. (5) Development Plan Report. A proposed development plan shall be submitted, depicting building envelopes for each lot, including driveway approaches and all other associated impervious surface areas. The applicant shall specify whether trees will be felled under one Tree Felling Permit, in accordance with Article 38 of this Code, as part of the subdivision construction process or by separate Tree Felling Permit for each individual lot prior to the issuance of a Building Permit. The plan shall be based upon the findings of the required reports in this Section and the lot coverage standards of Section 16.040. 'Building envelopes shall be specified in Covenants, Conditions, and Restrictions recorded with the Subdivision Plat. 26.080 MODIFICATION OF STANDARDS. The Director may modify the standards of this Code, as they apply to the entire development area, within the following prescribed limits: (1) Front, side and rear yard setbacks may be reduced to zero (when in conformance with the Building Safety Codes); provided, however, where attached dwellings are proposed there shall not be more than 5 dwelling units in any group. (2) The reduction of public right of way, pavement width, and/or requirements for the installation of sidewalks as specified in Table 32-1 of this Code, may be allowed if provisions are made to provide off-street parking in addition to that required in Article 16, Residential Districts. The Director may require combinations of collective private driveways, shared. parking areas and on-street parallel parking bays where topography, special traffic, building, grading, or other circumstances necessitate additional regulation to minimize land and soil disturbance and minimize impervious surface areas. (3) Height limitations may be removed, provided such additional height does not exceed 45 feet and that solar access standards are met. 26.090 FIRE PROTECTION REQUIREMENTS Additional fire protection requirements may be required in hillside development areas which are considered vegetated areas subject to wildfires as determined by the Fire Marshal. (1) All buildings with a gross area in excess of 1,500 square feet shall be constructed within 50 feet of an approved fire lane or public street. Fire apparatus access shall be provided to within 50 feet of the building (This may mean modifying the driveway ~esigns for width, grade and construction material in order to meet fire lane requirements). Installation of a residential fire 3-7 sprinkler system will be considered as an alternative to the requirement to be within 50 feet of a fire lane or street. (2) The developer shall specify in the recorded Covenants, Conditions and Restrictions that a wildfire defense plan for each lot, approved by the Fire Marshal, will be required prior to the issuance of a building permit. (3). All buildings located in or adjacent to vegetated areas subject to wildfires shall have a Class A or B roofing in accordance with the Oregon State Structural Specialty Code. (Ord. 5764 11/06/94): Sections 26.030; 26.050; 26.070; 26.090. (Ord. 5804 12/18/95): Section 26.050. (Ord. 58493/17/97): Section 26.010. (Ord. 6133 07/18/05): Sections 26.010, 26.020,26,040,26.070, and 26.080. 3-8 BEFORE THE PLANNING COMMISSION OF THE CITY OF SPRINGFIELD TEXT AMENDMENT OF THE ( SPRINGFIELD DEVELOPMENT CODE ( ( Case Number: LRP2006-00037 ( FINDINGS, CONCLUSION AND ORDER ( NATURE OF THE APPLICATION The proposed amendments to Article 26-Hillside Development Overlay District (HOOD): 1) extends the ability to locate cluster deve.lopment to all-facing hillsides with slopes of between 15 and 25%; 2) adjusts the formula for computing the acreage for density transfers to avoid double counting of eligible land; and 3) ~lIows the City to require the payment of fee necessary to conduct a peer review of certain engineering and geotechnical reports. 1. The application conforms to the provisions of Section 3.050 of the Springfield Development Code. Timely and sufficient notice of the public hearing, pLirsuant to Section 14.030 of the Springfield Development Code was provided. 2. On February 6,2007, a public hearing on the proposed text amendments to the Springfield Development Code was held. The Development Services staff notes, including criteria of approval, findings, and recommendations, together with the testimony and submittals of those persons testifying at the hearing or in writing, have been considered and are part of the record of this proceeding. 3. The hearing was continued to the March 13, 2007 meeting at which time additional staff information was presented and recommendations to further amend Article 26 were made. 4. The March 13, 2007 hearing was held and additional testimony was received. The hearing was continued to April 17, 2007 at which time additional staff information was presented and recommendations to further amend Article 26 were made. CONCLUSION The proposed text amendments are presented for approval as amendments to the Springfield Development Code, Article 26, Hillside Development Overlay District. On the basis of this record, the requested text amendment to the Springfield Development Code is consistent with the criteria of approval of Section 8.030 of the Development Code. This general finding is supported by the specific findings of fact and conclusion in the Staff Report and attached hereto. ATTACHMENT 4-1 RECOMMENDATION It is RECOMMENDED by the Planning Commission of Springfield that Journal Number LRP2006-0037, Amendment to the Springfield Development Code, (be approved) (be approved with revisions) (be denied) (no action be taken at this time) by the Springfield City Council. This RECOMMENDATION was presented to and approve on April 17, 2007. nning Commission ATTEST: AYES: ( NOES: $- ABSENT: -i- ABSTAIN: ~ 4-2 Summary of Proposed Amendments to Article 26 Hillside Development Overlay District Added Text Deleted Text ARTICLE 26 HD HILLSIDE DEVELOPMENT OVERLAY DISTRICT 26.010 PURPOSE 26.020 RESERVED FOR FUTURE USE 26.030 APPLICABILITY 26.040 REVIEW 26.050 DEVELOPMENT DENSITY OPTIONS 26.060 STREET GRADE STANDARDS 26.070 REPORTS REQUIRED 26.080 MODIFICATION OF STANDARDS 26.090 FIRE PROTECTION REQUIREMENTS 4-3 ARTICLE 26 HD HILLSIDE DEVELOPMENT OVERLAY DISTRICr 26.010 PURPOSE. The HD Overlay District ensures that development in hillside areas: Minimizes the potential for earth movement and resultant hazards to life and property; protects water quality by minimizing soil erosion and siltation; retains and protects natural vegetation, natural water features and drainageways, scenic quality and open space by minimizing vegetation removal in sloped areas; assures the compatibility of new development with surrounding areas; encourages site and building design that is consistent with the natural topography in order to minimize the cost of providing public infrastructure; provides for adequate access for emergency , services; and otherwise protects the public health and safety. 26.020 RESERVED FOR FUTURE USE. 26.030 APPLICABILITY. The HD Overlay District shall apply in residential zoning districts within the city limits and the City's ur~anizable [te] areas above670 feet elevation or to development areas below 670 feet in elevation whereanv portion of the development area exceeds 15 % slope as detenllined using the slopecalc1ilatiorl described in subsection 26.050 (l)(a) "Step A-I." 26.040 REVIEW. (1) Development within the HD Overlay District shall be reviewed under Type II procedure, submitted concurrently with the applicable application for a: Site Plan Review, Property Line Adjustment, or a Partition or Subdivision Tentative Plan. (2) A complete application together with all required materials shall be submitted to the Director prior to the review of the request as specified in Section 3.050, Application Submittal. 26.050 DEVELOPMENT DENSITY AND OPTIONS. (1) For the plirpo~e'ofcalclllating the allowednumber of gwellingllnits in a deve16prii\::ni'area below 670 feet in elevation. the "average slope" as defined below mav be used. S = 0.00229TL A VYhere: S:bAverage%of slope for the area. I;';ContdtrinierVal.' (Not greaterthaU 10 feet). 4-4 L = Slllmnation oflength of the contour lines within the area. A = Area in acres. Wherethe average slope of the portion of the development area below 670 feet in elevation IS less than 15%, the number of dwelling units allowed shall be as provided in Article 16. The developer has two options for the development of steeply sloped land. The first option, Option" A", is designed to correlate minimum lot sizes to the average slope of the development area. The second option, Option "B", is designed to allow for a density transfer bonus to stimulate development on those portions of the development area where the slope of the land is less than 15 percent. A combination of Options" A" and "B" may be used. (2) OPTION "A" - AVERAGE SLOPE - MINIMU1y1 LOT SIZE. The site development requirements of the LDR District shall apply, with the exception of the minimum lot size and duplex standards. Determination of minimum lot size where the,slope is 15 percent or greater is a 3 step process. (a) Step 'A-I' Detennine the area of the parcel where the slope of the land is: 1. Less than 15 percent. 2. From 15 percent to 35 percent. 3. Greater than 35 percent. Use the following formula to detennine the % of slope: Vertical distance between contours = V x 100 = % slope Horizontal distance between contours == H Indicate the portions of the development area that are less than 15 percent; from .15 percent" to 35percent; and greater than 35 percent then use a planimeter or othertechnologv acceptable to the City Engineer to determine the land area of each category. (b) Step 'A-2' Determine the average slope of the portion of the development area where the slope of land is from 15 percent to 35 percent by using the following formula: S = 0.00229 I L A Where: S = Average % of slope for the area where the slope ranges from IS percent to 35 percent. 4-5 I = Contour interval. (Not greater than 10 feet). L = SUlmnation oflength of the contour lines within the area where the slope is from 15 percent to 35 percent. A = Area in acres of the portion of the parcel where the slope is from 15 percent to 35 percent. (c) Step 'A-3' Detennine the minimum lot size for the portion of the development area where the slope of the land is greater than 15% by using the following Table: TABLE 26-1 AVERAGE SLOPE MINIMUM LOT SIZE PER MINIMUM PER LOT FRONTACE DWELLING UNIT FRONTAGE Less than 15% and below 670' See the applicable lot/parcel size and frontage requirements in Article 16 of this Code. Less than 15% on wooded lots** 10,000 sq. ft. 60 ft. 15% - 25% 10,000 Sq. Ft. 90 ft. 25% - 35% 20,000 sq. ft. 150 ft. Over 35% 40,000 sq. ft. 200 ft. * Panhandles are permitted only when requirements of this Section pertaining to fire protection and lot size are met and the lot cannot be served with a public street. Minimum frontage standards for all other lots may be amended by the Director when it is found that the topography or location of natural features prevent achieving the standard. CuI de sac frontages are as specified in Section 16.030. ".. '; ,,'." "_':-:..':'~'::-' '__' ;'-~<-- :"J'.':!.'-:.:-" ......,--",~' :,.- ":,,,... ,': -' ',' - ".-:" ."" ,. ". .-' ,,^" ,** \Voodcd lots only. **Wooded lotis defined asa 16tor parcell 0,000 sq: ft. or larger, above 670feetin elevation \vlllch cOI1tainsmore than 5 trees ei ht inches or eaterdbh. ' Section 2.010 of this - Code. ill OPTION "B" DENSITY TRANSFER BONUS. In order to promote the preservation of natural slopes greater than [+Sj 25 percent and encourage solar access, development density transfer is encouraged when dividing land with slopes greater than 25%. The density transfer bonus is only feasible where there are sizable portions of the development area which have slopes less than [B percent, or which have a south faeing slopes oflcs; than] 25 percent. Determination of the density transfer bonus is a 4 step process: (a) Step 'B-1' Detennine the area of the parcel where the average slope ofthe land is: 1. Less than 15 percent. 2. From 15 percent to [3-5] 25 'percent. 3. [Greater than 35 percent] From 25percertt to 3.5D~rcent. 4-6 4. [South facing slopes 15 to 25 percent] Greater than 35 percent. (b) Step 'B-2' Determine the average slope of the area of the parcel where the average slope of the land is [from 15 to 35 percent] greater than 15 percent by using the formula identified in Option A, Step 'A-2'. (c) Step 'B_3' Determine the number of potential lots for the total development area which could have been pennitted, for the portion of the parcel where the average slope is greater than 15 percent, if the average slope option had been considered by using Table 26-1 in Option "A", Step 'A-3'. (d) Step 'B-4' Multiply the number of potential lots by 1.2 to determine the density that may be transferred to those sections of the development area where the slopes are less than [B perccnt, or 'vYhcn the fr'y'cragc south facingslopc is boovccn 15 and] 25 percent. In no case shall the density of the developed portion of the site exceed'8 dwelling units per developable acre, (i.e., excluding streets and open space), Land of greater than IS percentaverage [slope subjcct todcnsity transfcr provisions] slope used to ca1cuIate;a density-transfer bonus shall be maintained as pem1anent open space or dedicated for park use. Modification of standards as stated in Section 26.070 of this Article may be applied to the entire development area. 26.060 STREET GRADE STANDARDS. (1) Streets shall be contoured in hillside areas to minimize environmental and scenic-disruption. (2) Street grades may exceed the 12 percent local street standard specified in Section 32.020, Street Standards _ Public only where topographical conditions make it impractical to meet the 12 percent standard, subject to the following conditions: (a) Except for lots created prior to the adoption of the Comprehensive Zoning Code, 1982, no driveways or intersections shall be pennitted where street grades exceed 12 percent. (b) No street with a grade of 15 percent or greater shall be pennitted for a distance of more than 200 feet. (c) In no case shall a street grade exceed 18 percent for any distance. 26.070 REPORTS REQUIRED. Where the buildable portion of the land to be developed exceeds 15 percent average slope, the following ~ep()~sshallbe~equired and their conclusions applied to the satisfaction ofthc Director, the City Enginccr and the Firc Marshall in order to prevent or mitigate possible hazards to life and property and adverse impacts on the natural environment, consistent with the purpose of this Article. The applicant shall fund peerFe\'iew()fthereportsa~ deemed necessarvbythe City. 4-7 (1) Geotechnical Report. This report shall include data regarding the geology ofthe site, the nature, distribution, and strength of existing soils, conclusions and recommendations for grading procedures, design criteria for corrective measures, and options and recommendations to maintain soil and slope stability and minimize erosion of the site to be developed in a manner imposing the minimum variance from the natural conditions. The investigation and report shall be prepared by a civil engineer/geologist or a geotechnical engineer. '(2) Grading Plan Report. This plan shall include the following information: (a) Existing and proposed details and contours (fi ve- foot intervals) of prop,erty; (b) Details of terrain and area drainage; (c) Location of any existing buildings or structl,lres on the property where the work is to be perfonned, the location of any existing buildings or structures on land of adjacent owners which are within 100 feet of the property or which may b,e affected by the proposed grading operations, and proposed or approximate locations of structures relative to adjacent topography; (d) The direction of drainage flow and the approximate grade of all streets with the final detennination to be made in accordance with Section 26.070(4) of this Article; (e) Limiting dimensions, elevations, or finished contours to be achieved by the grading, including all cut and fill slopes, proposed drainage channels, and related construction; (f) Detailed plans and locations ofall surface and subsurface drainage devices, walls, dams, sediment basins, storage reservoirs, and other protective devices to be constructed with, or as a part of, the proposed work, together with a map showing drainage areas, the complete drainage network, including outfall lines and natural drainageways which may be affected by the proposed development, and the estimated run-off of the area served by the drains; (g) A schedule showing when each stage of the project will be completed, including the total , area of soil surface which is to be disturbed during each stage, and estimated starting and completion dates; the schedule shall be drawn up to limit to the shortest possible period the time that soil is exposed and unprotected. In no event shall the existing "natural" vegetative ground cover be destroyed, removed, or disturbed more than 15 days prior to grading or construction of required improvements. Within 15 days of grading or other pre-development activity that removes or significantly disturbs ground cover vegetation, exposed soil shall either be built upon (i.e., covered with gravel~ a slab foundation or other construction), landscaped (i.e., seeded or planted with ground cover) or otherwise protected; and (h) The Grading Plan shall be prepared by a civil engineer. 4-8 (3) Vegetation and Re-vegetation Report. This report shall be in accordance with Section 38.030(2) of this Code if tree felling is proposed. (4) Verification of Slope and Grade Percentages. Prior to acceptance of the Final Plat, all streets shall be cross-sectioned and their center-lines staked in the field, to determine the accuracy of preliminary slope and grade percentages. If there are significant differences between preliminary and final grade and slope determinations, i.e., density or street gradients exceed the limits set forth in this Article, the Tentative Plan shall be modified to reflect the revised infonnation and resubmitted. (5) Development Plan Report. A proposed development plan shall be submitted, depicting building envelopes for each lot, including driveway approaches and all other associated impervious surface areas. The applicant shall specify whether trees will be felled under one Tree Felling Permit, in accordance with Article 38 of this Code,.as part of the, subdivision construction process or by separate Tree Felling Pennit for each individual lot prior to the issuance of a Building Permit. The plan shall be based upon the findings of the required reports in this Section and the lot coverage standards of Section 16.040. Building envelopes shall be specified in Covenants, Conditions, and Restrictions recorded with the Subdivision Plat. 26.080 MODIFICATION OF STANDARDS. The Director may modify the standards of this Code, as they apply to the entire development area, within the following prescribed limits: ' (1) Front, side and rear yard setbacks may be reduced to zero (when in conformance with the Building Safety Codes); provided, however, where attached dwellings arepropo$ed there shall not be more than 5 dwelling units in any group. (2) The reduction of public right of way, pavement width, and/or requirements for the installation of sidewalks as specified in Table 32-1 of this Code, may be allowed if provisions are made to provide off-street parking in addition to that required in Article 16, Residential Districts. The Director may require combinations of collective private d~veways, shared parking areas and on-street parallel parking bays where topography, special traffic, building, grading, or other circumstances necessitate additional regulation to minimize land and soil disturbance and minimize impervious surface areas. . (3) Height limitations may be removed, provided such additional height does not exceed 45 feet and that solar access standards are met. 26.090 FIRE PROTECTION REQUIREMENTS Additional fire protection requirements may be required in hillside development areas which are considered vegetated areas subject to wildfires as determined by the Fire Marshal. (1) All buildings with a gross area in excess of 1,500 square feet shall be constructed within 50 feet of an approved fire lane or public street. Fire apparatus access shall be provided to within 4-9 50 feet of the building (This may mean modifying the driveway designs for width, grade and construction material in order to meet fire lane requirements). Installation ofa residential fire sprinkler system will be considered as an alternative to the requirement to be within 50 feet of a fire lane or street. (2) The developer shall specify in the recorded Covenants, Conditions and Restrictions that a wildfire defense plan for each lot, approved by the Fire Marshal, will be required prior to the issuance of a building permit. (3) All buildings located in or adjacent to vegetated areas subject to wildfires shall have a Class A or B roofing in accordance with the Oregon State Structural Specialty Code. (4) " , Notv{ithstandingScction 35.1 bb(3)(b), Firo and Life Safcty c111crgcney acccssand "vater lines for fue'tljl;e3SiO~ ,hull be ooRSlru~Ied~ te!ltcdffiid "l'pmved by the Fire Mar9hall BR<l Ihe SUB Vlfrtcr cpartmcnt prior to Final Plat approval and/or the transfer oflots/oarecls. (Ord. 5764 11/06/94): Sections 26.030; 26.050; 26.070; 26.090. (Ord. 5804 12/18/95): Section 26.050. (Ord. 5849 3/17/97): Section 26.010. (Ord. 6133 07/18/05): Sections 26.010, 26.020, 26.040, 26.070, and 26.080. 4-10