HomeMy WebLinkAboutOrdinance 6202 07/16/2007
ORDINANCE NO.
6202
(General)
AN ORDINANCE AMENDING SECTIONS 26.030, 26.050 (INCLUDING TABLE 26-1) AND
26.070 OF ARTICLE 26 "HD HILLSIDE DEVELOPMENT OVERLAY DISTRICT" OF THE
SPRINGFIELD DEVELOPMENT CODE TO EXPAND THE APPLICATION OF "DENSITY
TRANSFER" TO MAKE MORE EFFICIENT USE OF REMAINING BUILDABLE
RESIDENTIAL LANDS; REQUIRING DEVELOPERS TO PAY FOR PEER REVIEW OF
TECHNICAL STUDIES REQUIRED FOR HILLSIDE DEVELOPMENT; AND ADOPTING A
SEVERABILITY CLAUSE.
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, Article 26 (HD Hillside Development Overlay District) of the Springfield
Development Code describes the policies and development standards that apply to hillside
development; and
WHEREAS, Section 8.010 of the Springfield Development Code allows the Director, the
Planning Commission, the City Councilor a resident ofthe City of Springfield to initiate an
amendment of the Springfield Development Code; and
WHEREAS, the Director initiated a text amendment's to Sections 26,030, 26.050 (including
Table 26-1) and 26.070 of Article 26 of the Springfield Development Code on December 12,
2006; and
WHEREAS, Article 8 ofthe Springfield Development Code sets forth procedures for
amendments of the Development Code text and those procedures were followed; and
WHEREAS, the Springfield Planning Commission unanimously recommended the proposed
amendments to Article 26 ofthe Springfield Development Code be approved by the Springfield
City Council by action taken at a public meeting held on April 17,2007; and
WHEREAS, the Springfield City Council conducted a public hearing on July 2, 2007 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
amendments to Article 26 of the Springfield Development Code (Hillside Development Overlay
District).
NOW THEREFORE, THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS:
Section 1. The Amendments to Sections 26.030, 26.050 (including Table 26-1) and 26.070 of
Article 26, HD Hillside Development Overlay District, of the Springfield Development Code as
set forth in Exhibit A, attached and incorporated herein, are hereby adopted, added to, and made
part of the Springfield Development Code,
Section 2. 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.
ORDINANCE Page -1-
Section 3. This ordinance shall take effect 30 days after the date action is taken by the Common
Council of the City of Springfield to approve this amendment.
Section 4. 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 16 th day of
July , 2007 by a vote of ~ for and ~ against.
APPROVED by the Mayor of the City of Springfield this 16thday of Jul y
,2007.
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ORDINANCE Page -2-
ORDINANCE NO. 6202
EXHIBIT A
"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 to development areas below 670 feet in
elevation where any portion of the development area exceeds 15 % slope as determined using
the slope calculation described in subsection 26.050 (1)(a) 'Step A-I '."
"26.050 DEVELOPMENT DENSITY AND OPTIONS.
(1) For the purpose of calculating the allowed number of dwelling units in a development area
below 670 feet in elevation, the "average slope" as defined below may be used.
S = 0.00229 I L
A
Where:
S = Average % of slope for the area.
I = Contour interval. (Not greater than 10 feet).
L = Summation of length of the contour lines within the area.
A = Area in acres.
Where the 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 16.010(1).
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 - 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 of minimum lot size where the
slope is 15 percent or greater is a 3 step process.
(a) Step 'A-I' Determine the area of the parcel where the slope of the land is:
1. Less than 15 percent.
EXHIBIT A Page -1-
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 15 percent to 35 percent; and greater than 35 percent then
use a planimeter or other technology acceptable to the City Engineer to
determine the land area of each category.
(b) Step 'A-2' Determine the average slope ofthe 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 15 percent to
35 percent.
I = Contour interval. (Not greater than 10 feet).
L = Summation of length 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' Determine the minimum lot size for the portion ofthe 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 I MINIMUM PER LOT
PER DWELLING UNIT FRONTAGE
Less than 15% and below 670' See the applicable lot/parcel size and frontage requirements
in Article 16.030 (1)-(4) and (6) of this Code.
Less than 15% on wooded lots** 10,000 sq. ft. I 60 ft.
EXHIBIT A Page -2-
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 pennitted 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.
* * Wooded lot is defined as a lot or parcel 10,000 sq. ft. or larger, above 670 feet in elevation,
which contains more than 5 trees eight inches or greater dbh. (Section 2.010 ofthis Code).
(3) OPTION "B" DENSITY TRANSFER BONUS. In order to promote the preservation
of natural slopes greater than 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 25 percent. Determination of the density
transfer bonus is a 4 step process:
(a) Step 'B-1' Determine the area ofthe parcel where the average slope ofthe land
IS:
1. Less than 15 percent.
2. From 15 percent to 25 percent.
3. Prom 25 percent to 35 percent.
4. Greater than 35 percent.
(b) Step 'B-2' Detennine the average slope of the area of the parcel where the
average slope of the land is 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 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 "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 25 percent. In no case shall the density of the developed
portion of the site exceed 8 dwelling units per developable acre, (Le., excluding
streets and open space). Land of greater than 15 _percent average slope used to
calculate a density transfer bonus shall be maintained as permanent open
EXHIBIT A Page -3-
space or dedicated for park use. Modification of standards as stated in Section
26.080 of this Article may be applied to the entire development area."
"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 property and adverse impacts on the natural environment, consistent
with the purpose of this Article. The applicant shall fund peer review of the reports as deemed
necessary by the City.
(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 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 strucmres 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 100 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;
(I) 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;
EXHIBIT A Page-4-
(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.
(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 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
ofthe 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."
EXHIBIT A Page -5-
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. The 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.
J
The practice of cluster development on slopes between 15 and25% 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.
Staff Report: Proposed Amendments to Article 26
"June 25, 2007
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 ofthe development density that they are losing to another, less sensitive site.
Article 26 allows development on steep slopes, but requires large lots. Generally, larger lot 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
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 1 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 detennine 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 for a property (at the discretion of the City) to verify the accuracy ofthe
findings and recommendations of report.
The specific text of the amendments are scattered throughout Article 26. Please see Attachment
I to examine the proposed changes in legislative format that show the existing text and highlight
changes.
II. 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 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 3.100 of the SDC. The proposed revisions
to Articles 26 have been initiated by the Planning Director.
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 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
#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 45 days in 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 of the 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 of the 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 confonnance 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, Policy 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. T~e Development
Staff Report: Proposed Amendments to Article 26
June 25,2007 .
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
development 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 of land 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
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 fonns. 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 staff that 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
#15. The proposed amendments include strengthen provisions for emergency access and
water lines in hillside areas and precludes the finalizing of plats or sale oflots before such
facilities have been tested and approved by the Fire Marshal.
Compliance with Statewide Planning Goals
#16. Goal] - Citizen lnvolvement. Goal 1 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 of legislative 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 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 ofthe 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
zomng.
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 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.
# 19. 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. These amendments do 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
Staff Report: Proposed Amendments to Article 26
June 25,2007
7
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.
#20. GoalS - Open Spaces, Scenic and Historic A reas, 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.
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 Goal 5 are
affected by these amendments.
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 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 amendments do not remove or exempt compliance with other
Code standards 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 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 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
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 10 - 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. Goal 11 - Public Facilities and Services. Goal 11 calls for efficient planning of public
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 12 - 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 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 oflevels of use which would result in levels oftravel 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
level of service of a facility below the minimmp acceptable level identified in the
Metropolitan Area Transportation Plan (TransPlan).
#27. Goal 13 - 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 fonns 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
by these amendments.
#28. 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 amen~ments 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 15 - 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 26 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 ofpennitted uses in the
underlying zone, provided that all other Greenway requ,irements are satisfied. The City's
adQpted, 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: Proposed Amendments to Article 26
June 25, 2007
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 ofthe proposed amendments.
Staff Report: Proposed Amendments to Article 26
June 25, 2007
11