HomeMy WebLinkAboutMiscellaneous APPLICANT 8/22/2008 (3)
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OVERVIEW 07/31/08'
The reformatted Springfield Development Code (SDC) was adopted by the Springfield
City Council on September 17,2007. The reformatting process was a substantial
undertaking that resulted in the reorganization of hundreds of Code regulations in what
were formerly 45 'Articles' into 6 Chapters. The volume of the reorganization task
resulted in some unintentional omissions; some inaccurate references due to
renumbering; and some errors in punctuation known as Scrivener's errors. Thus, on
December 3, 2007 the City Council adopted the first round of what are called Scrivener's
errors: The items listed below are the second, and hopefully the last round of Scrivener's
errors. The proposed amendments do not include policy or policy implementation
changes.
ADDITIONAL SCRIVENER'S ERRORS PART 2
Commentary. Proposed chanaes are hiahliahted. 'RewsetJ":textM,tiiiaenifler;{,(Oeiet'el:J
w~,jr~rv;iftfjifllJffiOKl!ls:.JiWit~stfji{E'ButifJ
I 3.2-210 Schedule Of Use Categories
Commentary. "Day Care Center' was previously changed to "Child Care Center' to be
consistent with State regulations, but the "old SOC" listing for the use on collector and
local streets was inadvertently omitted.
The following uses are permitted in the districts as indicated, subject to the provisions,
additional restrictions and exceptions specified in this Code. Uses not specifically listed
may be approved as specified in Section 5.11-100.
"P" = PERMITTED USE subject to the standards of this Code.
. "5" = SPECIAL DEVELOPMENT STANDARDS subject to speciallocational andlor siting
standards as specified in Section 4.7-100,
"D" = DISCRETIONARY USE subject to review and analysis under Type III procedure
(Section 5.9-100) at the Planning Commission or Hearings Official level.
"N" = NOT PERMITTED
"." = SITE PLAN REVIEW REQUIRED
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Commentary. Several footnotes are amended due to inadvertently deleted "old SDC"
text when creating the table and/or for clarity,
I 3.2-215 Base Zone Development Standards
The following base zone development standards are established,
Minimum Area:
East-West Streets
North-South Streets: ,
Minimum Street Fronta e
East-West Streets
North-South Streets
:iComerl1J.otsllliiij;e/siX1
Minimum Area:
East-West Streets
North-South Streets 60 feet 60 feet 60 feet'
;,/?ifii/fiiiiCl/e;J[otSilliifCe/s! SeelSec;tioii!3,2f22()!"Additioriii/feiiiiliiiridle"J[otllliircelt{)eve/ii'mentfStiindiiros.lI""x!!!
Sin Ie Panhandle:
Minimum Area in Pan Portion
4,500 s uare feet
5,000 s uare feet
4,500 s uare feet
5,000 s uare feet
4,500 s uare feet
5,000 s uare feet
45 feet
60 feet
45 feet
60 feet
45 feet
60 feet
4,500 square feet
4,500 square feet
4,500 square feet
Minimum Street Fronta e 20 feet 20 feet 20 feet
Multi Ie Panhandles:
Minimum Area in Pan Portion 4,500 square feet 4,500 square feet 4,500 square feet
Minimum Street Fronta e
Minimum Area
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10,000 s uare feet 10,000 s uare feet 10,000 s uare feet
60 feet 60 feet 60 feet
. 10,000 s uare feet 10,000 s uare feet 10,000 s uare feet
- 90 feet 90 feet 90 feet
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20,000 s uare feet
150 feet
20,000 s uare feet
150 feet
20,000 s uare feet
150 feet
40,000 s uare feet
40,000 s uare feet
40,000 s uare feet
200 feet
Panhandle and Duplex
Lots/Parcels
t$s1 A '5
10 feet
10 feet
10 feet
5 feet 5 feet
18 feet measured along the driveway from:
1. The property line fronting the street to the face of the garage or carport; or
2. The property line fronting the street to the far wall of the garage or carport
where the face of the stnucture is perpendicular to the street.
3. Where a garage or carport faces a panhandle driveway, the 18 feet is
measured fro the inner travel edge (pavement or gravel) within the
panhandle to the face of the structure. .
3 feet when the ara e or ca ort fronts an aile .
Accessory stnuctures shall not be located between any front or street side yard
of a primary structure and shall be set back at least 3 feet from interior side and
rear loti arcellines.
All setbacks for panhandle lots/parcels are based on the orientation of the front
and rear of the dwelling occupying the lot/parcel. All setbacks for duplexes on
corner lots/parcels are based upon the front yard of each unit established by
the street or streets for address ur oses.
Section 3.2-225.
30 feet
35 feet
35 feet
Front Yard
Street Side Yard
Rear Yard
Interior Yard Setbacks
Front Yard Setback-
Garages and Carports (6)
Accessory Structures
Base Solar Standards
Maximum Building Height .
11 12 13 14
(1) 6iOOO1SQuareXfeettjffearealfot;rone1lup)exliri1thEHliDRiDistiiet. This standard prohibits the
division of the lot/parcel to create separate ownership for each duplex dwelling unit.
(2) 10,000 square feet in area fcfi10netaiiiilex in the LOR District as specified in this Section
and Section 4.7-140. This standard lis:r:e!lUi1'ell'iQl allow~ for the future the division of the
lot/parcel to create separate ownership for each half of the duplex @VJejjfJ'lg~ll!
(3) mner45ipercentloo\ieraC:lE~fstanaardJaPPl1esrtoICoveFeCl?S!1'i'iCh.Jl'eS!Oril~. On lots/parcels with
more than 15 percent slope o!i1aoove:antelevation1ofT67.b'i:reet, the maximum impervious
surface inclusive of structures, patios, and driveways, shall not exceed 35 percent, unless
specified in Section 3.3-500. . r"\
(4) Determination of all yard setbacks for duplexes on comer lots/parcels are based upon iIte-I
front yard of each unit as established by the streets used for address purposes. W
All setbacks shall be landscaped, unless a setback is for a garage or carport.
Accessory Structure Exceptions to Setback standards: > = ,)
(a) Stand alone garages and carports shall meet the street side yard, interior side yard;aa&.. ~ GV\\
rear yard setback standards of the primary structure. D I I ..-..
(b) Group C Accessory structures are permitted within setbacks as specified in Sectio~ ..-.
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(7) ,'J.Where an'easement is'larger than the required setback standard, no building or above <l:
grade stnucture, except a fence, may be built upon or over that easement. ~.
(8) When additional right-of-way is required, whether by City Engineering standards, the M
" .:', ,~~Plaii (iri~~di~g}he TransPlan), or the City's Conceptual Street Plan, setbacks are base 0
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(5)
(6)
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future right-of-way locations. Right-of-way shall be dedicated prior to the issuance of any
building permit that increases parking requirements.
(9) Architectural extensions may protrude into any 5-foot or larger setback area by not more
than 2 feet.
(10) General Exceptions to Setback standards:
(a) Attached dwellings (zero lot line) on individuallots/parcels; and
(b) A dwelling constructed over the common property line of 2 lots/parcels, where there is
a recorded deed restriction.
(c) In multi-family developments, the setback standards in Section 3.2-240 shall take
precedence. ,
(11) See Section 3.2-225 for residential building height limitations for solar protection.
(12) Incidental equipment may exceed the height standards.
(13) Height limitations within the Hillside Development Overlay District may be removed
provided the additional height does not exceed 45 feet and the base residential solar
standards are met.
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3.2-235 Residential Manufactured Dwellin s
Commentary. . The text added was inadvertently deleted during the SDC Reformat
Project.
The siting of manufactured dwellings in Low and Meaium Density Residential Districts is
permitted subject to the provisions of this Section:
A.
Commentary. This CI Section requires amendment because the Master plan is
required. The Master Plan currently in SDC Sections 3.4-215 through 3.4-225 (the
Glenwood Riverfront Plan District) will be addressed during the Glenwood Refinement
Plan amendment process. No amendment is required for Section 3.2-630 (Mixed Use).
3.2-440 CI District - Conce tual Develo ment Plans and Master Plans
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"A Conceptual Development Plan is required for all new CI Districts over 50 acres in size
approved after July 6, 2004, unless a Site Plan or Master Plan is proposed for the entire
CI District. A Master Plan [~lillifel:l];milV'be:suDmittea when phased developments
exceeding [t\",ol1-~ years in duration are proposed. A Master Plan shall comply with any
. applicable approved Conceptual Development Plan or upon .approval of a Master Plan or
,'Siie'Plan for the entire CI District, the Master Plan or Site Plan may supplant and take
: pre.cedence over an approved Conceptual Development PlattECETVE D
:a CI'District site shall be as specified in Section 5.13-100.
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I 3.2-715 Base Zone Development Standards
Commentary. The Downtown Refinement Plan was amended in 2006. Specific
setback regulations in the Downtown Exception area were revised, but the SDC was
never amended.
The following base zone development standards are established: The base zone
development standards of this Section and any other additional provisions, restrictions or
exceptions specified in this Code shall apply.
Lot/parcel Coverage and
Planting Standard
Landsca ed Setbacks 1,
Street Setback
Residential Pro e Line
Parkin and Drivewa
Maximum Building Height
5
PLO District abuts
Residential District
15 feet' 6
20 feet' I)
5 feet
None, unless abutting a residential district
When a PLO District abuts a residential distric~ the maximum building
height shall be defined as the height standard of the applicable
residential district for a distance of 50 feet measured from the
boundary of the adjacent residential zoning district. Beyond the 50 foot
measurement, there is no buildin hei ht limitation.
(1) Where an easement is larger than the required setback standard, no building or above grade
structure, except a fence, shall be built upon or over that easement.
(2) When additional right-of-way is required, whether by City Engineering standards, the Metro Plan
(including TransPlan), or the City's Conceptual Street Plan, setbacks are based on future right-
of-way locations. Dedication of needed right-of-way shall be required prior to the issuance of
any building pemnit that increases parking or gross floor area.
(3) Structural extensions may extend into any 5 foot or larger setback area by not more than 2 feet.
(4) In the Downtown Exception Area, there are no minimum setbacks for administrative offices and
other public uses listed under Section 3.2-710.
(5) Incidental equipment may exceed the height standards.
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3.3-815 Schedule of Use Categories when there is an Underlying Residential,
Commercial or Industrial District
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Commentary. Development in the Urban Fringe -10 Overlay zone is limited. The W
proposed amendments revises references to permitted development listed in Section
3.3-825. . ()
, ~ The.follpwingu~es,may,~e:pe.mnitted in the underlying residential, commercial, or W
indus!rial.district.subjectto,the provisions, additional restrictions and exceptions specifi~
in this Code. 'EXCEPT-AS SPECIFIED IN SECTION 3.3-810B., URBAN USES (e.g., u....
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multiple-family or churches) NOT LISTED IN THE UF-IO OVERLAY DISTRICT ARE
NOT PERMITTED.
"P" = PERMITTED USE subject to the standards of this Code.
"S" = SPECIAL DEVELOPMENT STANDARDS subject to speciallocational and/or siting
standards as specified in Section 4.7-100:
"0" = DISCRETIONARY USE subject to review and analysis under Type III procedure
(Section 5.9-100) at the Planning Commission or Hearings Official level.
"N" = NOT PERMITTED
. = SITE PLAN REVIEW REQUIRED
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S N N
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P P P
S* N N
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See Section See Section
4.3-145 4.3-145
See
Section
.3-145
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AUG 222008
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I 3.3-825 Additional Provisions
Commentary. Development in the Urban Fringe -10 Overlay zone is limited. The
proposed amendments to Section 3.3-815 were required due to the deletion of
duplicative language in current Subsection G. Therefore, Subsection H. becomes the
"new" Subsection G. There is no change to Subsection F.
F. Uses requiring Discretionary review, uses requiring specific development
standards, new permitted uses and expansion of permitted uses in commercial
and industrial districts shall demonstrate that the use will not generate singly or in
the aggregate additional need for key urban services.
~ R.V. parks and campgrounds shall be located on land classified Public Land and
Open Space (PLO) and be subject to the specific development standards
specified Section 4.7-220.
I 3.3-910 Applicability
B. On the adopted Historic Landmark Inventory within the City or its urbanizing areas,
including the following individually designated Historic Landmarks: 0
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Commentary. The Thurston Grange was inadvertently omitted from the Historic
Landmark Inventory list.
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Stevens and Perkins Building 330 Main Street
I.O.O.F. Building 346 Main Street
Pacific Power & Liaht Building 590 Main Street
Southern Pacific Railroad Depot 101 South A Street
Brattain I Hadlev House 1260 Main Street
Stewart House 214 Pioneer pkwy. West
Doualas House 3362 Osaae Street
mt,i'liIfstonieranae fi6~Streetl'anClii]JT;fiUrsIonjRa!
Commentary. The barbed wire standards apply in the residential, commercial and
industrial zoning districts, except as specified in notation (8).
Table 4.4-1
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Wirel Electric
(1) The fence shall be located behind the front yard setback in all districts unless allowed in (2).
(2) Fences may be allowed within the front yard setback as follows:
(a) 4' high unslatted chain link - this standard does not apply to multi-family
developments.
(b) 3' high sight obscuring fence. .
(3) In the Campus Industrial District the base height standard is 6'. In all other industrial
districts, the base height standard is 8'.
(4) In the residential districts, a fence may be located along the property line. In all other
districts, the fence shall be located behind the street yard setback.
(5) Situations where the base fence height may be exceeded:
(a) 8' in residential, commercial and the PLO Districts for public utility facilities, school
yards and playgrounds, provided that the fence is located behind the front yard and
street side yard landscaped area and outside of the vision clearance area.
Residential districts abutting these facilities, railroad tracks or residential property
side and rear yards abutting streets with 4 or more travel lanes, may have fences of
.8' along common property lines and right-of-way.
(b) 10' for residentiai properties abutting commercial or industrial districts along common
property lines, and around permitted storage areas in residential districts. Yards of
single-family homes shall not constitute permitted storage areas.
(c) In residential districts, any fence located within a required setback, and which
exceeds the allowable fence height for that setback by more than 20 percent, shall
be reviewed under Discretionary Use procedure for fences as specified in Section
5.9-100.
(6) Special standards in the Campus Industrial District:
(a) No fencing shall be permitted within 35' of a.CI District perimeter or 20 feet of any
development area perimeter or within interior lotslparcels of development areas.
EXCEPTION: 3' maximum height decorative fencing or masonry walls may be
permitted as screening devices around parking lots.
(b) Chain link fences shall be permitted only when combined with plantings of evergreen
shrubs or climbing vines that will completely cover the fence(s) within 5 years of
installation (as certified by a landscape architect or licensed nursery operator).
(c) Painted fences shall match the building color scheme of the development area.
(7) No fence shall exceed the 2%' height limitation within the vision clearance area as specified
in Section 4.2-130.
(8) Barbed wire, razor wire or electrified fencing shall be permitted atop a six foot chain link
fence. The total height of the fence and barbed wire shall not exceed 8'. These materials
shall not extend into the vertical plane of adjoining public sidewalks. Barbed wire or razor
wire only fences are prohibited. Electrified fencing shall be posted with warning signs every
24 feet.
EXCEPTIONS:
(a) In the PLO District in the Downtown Exception Area and in the MUC, MUE and MUR
Districts, no barbed razor wire or electrified fences shall be permitted.
(b) In the residential districts, barb-wire and electrified fencing on lotslparcels iess than '
20,000 square feet, and razor wire on any lol/parcel, regardless of size, shall be
reviewed under Discretionary Use procedure as specified in Section 5.9-100, using .'
the criteria specified in Subsection C., below. .
Commentary. The SDC does not exempt solar.collectors from the building height limit.
If a developer wants to go solar we require them to submit a Minor Variance application,
which is a disincentive for energy conservation. The proposed text .allows rooftop solar
collectors as "incidental equipment". The definition of "Incidental E~ment" in lqal)ftJ;..,. 0
6 is also amended. R t: eEl V C
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14.7-105
Accessory Structures
This Subsection regulates structures that are incidental to allowed residential uses to
prevent them from becoming the predominant element of the site.
A. Accessory Structure Groups: Accessory structures are divided into 3 groups
based on their characteristics. Accessory structures may be attached or separate
. from primary structures.
1. Group A. This group includes buildings and covered structures for
example, garages, bedrooms or living rooms, inciuding bathrooms that
are not an accessory dwelling unit as defined in Section 5.5-100, art
studios, gazebos, carports, greenhouses, storage buildings, boathouses,
covered decks and recreational structures. Agricultural structures as
defined in this Code are deemed Group A accessory structures if located
on lots/parcels less than 2 acres in size.
2. Group B. (Architectural extensions) This group includes uncovered,
generally horizontal structures for example, decks, stairways, in ground or
above ground swimming pools, tennis courts, and hot tubs.
3. Group C. (Incidental equipment) This group includes generally vertical
structures for example, flag-poles, trellises and other garden structures,
play structures, radio antennas, satellite receiving dishes and lampposts.
ml1i~!QWouptalsoki1\'cJljdest.f.ooft6pt.soraf:cbllectorS~ Fences are addressed in
Section 4.4-115.
Commentary. The amendment specifies that duplexes are permitted only on corner
lots/parce/s in the LOR District.
14.7-140 Duplexes
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thellID fUr1Iess:asimEt"!'t:le'tennirleal6e1ow~ A comer duplex or
duplex 10tLparcel in any residential district may be partitioned for the
purpose of allowing independent ownership of each dwelling unit, if each
of the two resulting lots/parcels meets the size standards specified in
Section 3.2-215. Duplexes or duplex lots/parcels eligible for this type of
partition shall meet the partition standards of Section 5.12-100 and the
following:
1. Utility service to each unit shall be separate.
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CO." specified in the Structural Specialty Code and Fire and Life Safety
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3.. The property line separating the two units shall have not more
than two angle points. The angle points shall not occur within the
wall between abutting units.
B. Duplexes on interior lotslparcels zoned Low Density Residential,
approved prior to the adoption of this Code, as part of a Planned Unit
Development shall not be considered to be non-conforming uses.
C.
Duplexes on inte'rior lotslparcels zoned Low Density Residential,
approved prior to the adoption of this Code on property previously zoned
RG Garden Apartments shall not be considered to be a non-conforming
use.
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D. Duplexes on interior lotslparcels zoned Low Density Residential, which
meets the density requirements of this zoning district, shall not be
considered a non-conforming use.
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I 4.7-190 Professional Offices
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Commentary. The MUG District is added to the list. The intent was to include all
primary commercial districts.
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A. Professional offices in residential districts are permitted when:
1. The lotslparcels are adjacent to CC!'MEle or MRC Districts; and
2. The majority of the square footage of the structure on the lot/parcel is not
more than 100 feet from CC~6 or MRC Districts. Where public-right-
of-way separates the residential district from the commercial district, the
right-of-way width is not counted in the measurement.
I 5.1-120 Pre-Development Meetings
Commentary. This Section reflects amendments to the Master Plan review
process in Section 5. 13-100. The Pre-Application Report has been and still is
required during the Master Plan Review process. The Pre-Submittal Meeting is
now required for the Master Plan Review process in order to guarantee a
complete application at the initiation of the State mandated 120 day review
time-line.
Pre-Development Options. The City has established three pre-development processes
to assist prospective applicants through the application review process:
A. The Development Issues Meeting. The purpose of the Development Issues
Meeting is to give a prospective applicant the opportunity to discuss a limited
number of development issues with City staff. The discussions can be general or
specific depending on the questions submitted with the aMi~t3~\Ver::D
D~velopment Issues Meeting is voluntary, unless specifi re ell!!:.
thiS Code.
AUG 22 Z008
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B. Pre-Application Report. The purpose of the Pre-Application Report is to give a
prospective applicant the opportunity to discuss an entire development proposal
with City Staff. This meeting is recommended for large and/or complex proposals
to avoid unanticipated costs or delay during the formal application process.
EXCEPTION: The Pre-Application Report is required for a Master Plan application
as specified in SeCt1ori~5~13:t~~5~
C.
The Pre-Submittal Meeting. The purpose of the Pre-Submittal Meeting is to
provide an opportunity for the property owner, applicant and the development team
to meet with City staff to determine that an application is complete for processing
prior to formal submittal to the City. A complete application will facilitate the review
process. The Pre-Submittal Meeting will examine key elements of the application,
including but not limited to: transportation, stormwater management, sanitary sewer
facilities, and landscaping. The Pre-Submittal Meetin~ mandatory for all Site
Plan Review, Subdivision, [;3i'Kll Partition antl;Maste!l;R)aD applications. The Pre-
Submittal Meeting is required even if the meetings specified in Subsections A. and
B. haile been utilized. Applications shall be reviewed by the Director within 30 days
of receipt to determine if they meet the requirements specified in Section 5.4-105
and are complete.
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15.3-115 Appeals ofthe Director's or Hearings Official's Type II Decision
Commentary. In Subsection C., who is required to receive the notice of decision is now
clearer and consistent with State regulations.
C. Notice. The Director shall provide notice of the public hearing to the property
owner, applicant, if different, the appellant and all persons rn~~ocmm;)ijj
~m1ttedircommeritsiror;reauestedmotice,oMHe:aecisiorn as part of the
process leading to the Director's or Hearings Official's decision. The notice of the
appeal hearing shall be as specified in Section 5.2-115.
15.14-110 Review
Commentary. The term 'Pre-Application Conference" in Subsection A was changed to
"Development Issues Meeting" in 2005, but this reference was not revised at that time.
A. A [~~l1R.!iG;Jti(rFi:CGRfer$fjooJiilDevelbpmenti')lssuesiiMeetiriCi is encouraged prior to
a formal Metro Plan amendment application.
1 5.15-120 SDC Standards Applicable to MDS Approval
Commentary. Subsection H is amended to be consistent with the "old SDC" by adding
references to under grounding utilities (4.3-125) and to water service and fire protection
(4.3-130).
H. . lh~. 9.e"velopment shall connect to public utilities as specified in Sections 4.3-105,
i'4.3;!nOr!iirnaI4.3~120!:.4!3WJ1,25iahdi4!3!130 and comply with the Springfield
; ".' 'Buiidi:ng.SafelY,'Cc;,des, where applicable. Easements may be required as specified
. ili'Subsection 4.3~140.
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I 5.15-125 Timelines and Conditions
Commentary. Two references are proposed to be changed requiring this Section to be
relettered.
The properlY. owner and/or applicant shall comply with the standards specified in
Subsection [~'S?:15;120 within 90 days of the Director's approval as follows:
A. Submittal of a Final Plot Plan within 30 days of the Director's approval that states
the starting date of all required improvements demonstrating compliance with all
approval conditions required to meet the standards specified in Subsection [~
ir51Q1.\']{S;j5!i:120. Submittal of a Final Plot Plan shall include the following
additional material, where applicable:
1. The original recorded Improvement Agreement.
2. . Any required aDaT Right-of-Way Approach Permit.
EXCEPTION: If the aDaT Right-of-Way Approach Permit cannot be
obtained by the time line specified in Subsection A., above, the Director
may defer the submittal of this document until the start of construction date
specified in Subsection f~:J;jlje., below..
3. A copy of a recorded joint use access/parking agreement.
4. A copy of a recorded private easement or the original public utility
easement.
[@j~B~ The signing of a Development Agreement by the property owner within 45 days of
the Director's approval of the Final Plot Plan.
tIme!
The construction of the required improvements shall begin within 90 days of the
MDS decision. If this time line cannot be met, the applicant may submit a written
request for a time line extension as specified in Subsection r~];D., below.
[@I'D!
The Director may allow a one-time extension of the SO-day start of construction
time line specified in Subsection t~~:Q]:e., above due to situations including but
not limited to, required permits from the City or other agencies, weather conditions,
and the unavailability of asphalt or street trees. If the time extension is allowed,
security shall be provided as specified in Section 5.17-150. The time line extension
shall not exceed 90 days.
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If the time line established in Subsection [~n~l:e., above is not met and the
applicant has not requested an extension as specified in Subsection 12., above,
then the Director shall declare the application null and void if the property is
occupied and the property owner shall be considered in violation of this Code.
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If the time line established in Subsection [{\:1[:~]'e., above is not ~i!lrJ!!!l~ E i VE D
applicant has requested an extension as specified in Subsection ~ ~ I
. that time line as not been met, then the Director may require that tlie
improvements be installed as specified in Subsection 5.17-150.
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I 5.16-120 Submittal Requirements
Commentary. Duplicative language regarding submittal requirements for Property Line
Adjustments in Subsection 8.3., is deleted. The remaining Subsections are renumbered
accordingly. Consent language is found in reformatted Section 5.4-10582, which
applies to all applications, but is lot listed in this document.
B. The following additional information shall be submitted with the Preliminary Survey:
1. A brief narrative explaining reason for the proposed Property Line
Adjustment and the existing use of the lots/parcels.
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2. A copy of the current deeds for the lots/parcels. .
[3:'~~~lf~tRe~QRlica'i;it4it;nottheS~r6~::OWi'let:;W{ittell;:l?ermi!$~i6lrffom:afl
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[418. A draft of the Property Line Adjustment deeds. For serial Property Line
Adjustments that are reviewed under Type II procedure, separate deeds
shall be prepared for each adjustment.
[6n~.. For serial Property Line Adjustments reviewed under Type II procedure,
the following shall be submitted:
a. A written explanation of the sequencing of adjustments; and
b. A diagram identifying each adjustment, in sequence, cross
referenced to the Property line Adjustment deeds required in
Subsection 4., above. .
I 5.20-120 Submittal Requirements
Commentary. The text proposed to be deleted in Subsection 5.j. is duplicative. Virtually
the same text is found in reformatted Subsection C. 1.
C. The application shall include:
1. A legal description of the public rights-of-way, easement or Plat to be
vacated prepared by an Oregon Licensed Land Surveyor or other
professional approved by the Director;
2. The reason for the Vacation;
3. The proposed use of the property after Vacation;
4. For citizen initiated Vacations of public rights-of-way or Partition and
. .._ Subdivision Plats, the petition of affected property owners;
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. .' :",/5.,:. '~,-A'.~ap prepared by an Oregon Licensed Land Surveyor or other
., . professional approved by the Director of the area proposed to be vacated.
'.':'.."; '. "j'.! ,. The map shall show:
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a. The date, north arrow, and standard scale;
b. The Assessor's Map and Tax Lot numbers of the affected
properties and adjacent properties;
c. A Vicinity Map on the Site Plan (Vicinity Map does not need to be
to scale);
d. All adjacent streets including street name, alleys, and
accessways, and right-of-way and paving. widths; .
e. All dimensions of existing public utility easements and any other
areas restricting use of the parcels, for example: conservation
areas, slope easements, access easements;
f. Existing dimensions and square footage of the lots/parcels
involved;
g. Proposed dimensions and square footage of the lots/parcels
involved (applies to Vacations of undeveloped Subdivision Plats
and right-of-way Vacations);
h. For public easement and right-of-way Vacations, clearly show
dimensions of entire easement or right-of-way on or adjacent to
the subject lots/parcels. Also clearly show dimensions of that
portion proposed forVacation, including square footage; and
i. For right-of-way Vacations, demonstrate compliance with the
boundary requirements of ORS 271.080 et seq.
. ~!i~~\lfl~!:,Eli~iJP!!Q~fie,;~g~'€!f:1t;(tightQ['lf4Y~er,PI~
. . .' IiQrti9R;t~.gQ!:;PlQ~SE(l1:l'lQ~1'1e'/aC5ted:]. .
Commentary; The proposed new Section and text explains a part of the current
vacation process. '. i;;acated right-ot-way has a/ways assumed the zoning ot the abutting
property.' . I
I 5~26~1'411fZoi'iinQ:oa;"acatea:R.iallt:.:ofLWaY
f.:Tacatecnn[jnt:;Of.twaw.isQin~ajrito.tlie:aI5UttiriQ:pr6pertV.'tVi5iCaIIvit6..theeentenineJ
ilTffelvacaled,f1ahllCof,w;:iYfaCQCJiresitneizoninafof'lfreiaDuttinQ:OroDE!i:t\/:WiffloLlt;ltlemeea
ofiaiseparatei:Z:6nina:l\llaO:amenamenf~
CHAPTER 6 DEFINITIONS
Commentary. The Downtown Exception Area was modified during the Downtown
Refinement Plan approval process in 2006. The SDC was not amended at that time.
Downtown Exception Area. An area defined by the Willamette River f1t;~,=" .
~1h Street on the east, the alley between north B and north C Streets on an I VE D
line north of the Southern Pacific Railroad tracks on the south.. .
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Commentary. The SDC does not exempt solar collectors from the building height limit.
If a developer wants to go solar we require them to submit a Minor Variance application,
which is a disincentive for energy conservation. The proposed text allows rooftop solar
collectors and also small satellite dishes as "incidental equipment". See also the
amendment of Subsection 4.7-1 05C, above.
Incidental Equipment Rooftop or pole mounted structures that cast insubstantial
shadows or have minimal visual impact, including, but not limited to: antennas, chimneys
sOlar~lIeatO"rS'1SiI'iailtil'atellite1'aishe~ and flagpoles, but excluding rnmaE:G(m($Gt"af~;5fI(11
"t1i7~
larqe satellite dishes (See also Accessory Structure).
Commentary. The terms "major or minor" partition no longer apply. This definition is
now consistent with ORS 92.010(9).
Partition Plat A final map and other writing containing all the descriptions, locations,
specifications! provisions and information conceming a [~Qt~ej:f:liijQl] partition.
RECEIVED
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