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HomeMy WebLinkAboutMiscellaneous APPLICANT 8/22/2008 (3) \ . . 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 .., ; -r . ::>~, <.:::> = !.....~ :;:'4' i- '-' ~: ~. P' -., '- N D , "." AUG 22 Z008 By: 61( 1 . ,. .- , ,,'-"" .;,1',: ;"-r'.~;;I J; ': 1~ (' ~. {',' I f V!....! _, ..... ~.L', . ti't",::l . ., ;, P' P' P' O' S' S' N O' O' P P' P' P P P P P' P' S' N N P P N P P N P N N S' N N P P P P P P S' S' S' !2 S~ ~a P P P P' P' P' O' P' P' S' S' S' P' P' P' S' P' P' P' P' 00 = = ~G1 .<..':1 ::=> <( . ... "" a 2 . . S' P Section 4,3-145 S' P Section 4,3-145 S' P Section 4,3-145 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 ::-~ 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 1'--" ',- . AUG 22 20ds 61( c.,. . . 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~ ..-. 105E.. ',0 ~ (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 , .:. ,. \ " :.t. ~~ ';~, ./J ~. -:.. ~i' J: ".it (5) (6) . . > OJ ::rr;'"' r, ;',' ';;1' .. lL , u,_- 4 J,. ' . . 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. 11.n!'i:lln;lI'iejMDR;ana:HElR:[;)istriCts~the:tJuilain~:nejQnt;mav:De;incteasea:tO'501fi~et'aS;specjfiea iir$bbsectioni3I2~2i!O[;)f-3;a 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 ." .1.,.1- "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. ____1,0- i.--._,' ~ ,'.- i "' AUG 222008 By: gl( 5 . . 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. 16jl!rmtl18'i[")OWiitOWnlEXCePilon1Area:nthere~Snall[oeiri()rmihlrfjUrfj'PlaiitEiaf<lrealexceot1farl0ai"KioCl,...,.., lotS~sispeClfleaielse\M1ereiinrtliiS1eGaej . L-I 3.3-815 Schedule of Use Categories when there is an Underlying Residential, Commercial or Industrial District ........ 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.... . .,',' ;. ,'.J u-... .- , ,;' 6 ~~ ~ ~ '-" ::::> <( . . ~ OJ . . 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 . ' pr>lirr",l!IifCJiirJ 'iilrZii.l'lib '!Oi$t/jct;,~~;]i' ~R~idefitialli >>C6inmercia(i!:' ,'lilaiJStna(r p p p S N N P N N S S S S' N N .p N N P N N S' S' S' P P P P P P P P P S* N N N 0* 0* N 0* 0* N P* P* N 0* 0* N p' P* N N S* See Section See Section 4.3-145 4.3-145 See Section .3-145 By: AUG 222008 C( 7 . .. I 3.3-825 Additional Provisions Commentary. Development in the Urban Fringe -10 Overlay zone is limited. The proposed amendments to Section 3.3-815 were required due to the deletion of duplicative language in current Subsection G. Therefore, Subsection H. becomes the "new" Subsection G. There is no change to Subsection F. F. Uses requiring Discretionary review, uses requiring specific development standards, new permitted uses and expansion of permitted uses in commercial and industrial districts shall demonstrate that the use will not generate singly or in the aggregate additional need for key urban services. ~ R.V. parks and campgrounds shall be located on land classified Public Land and Open Space (PLO) and be subject to the specific development standards specified Section 4.7-220. I 3.3-910 Applicability B. On the adopted Historic Landmark Inventory within the City or its urbanizing areas, including the following individually designated Historic Landmarks: 0 W > ........ W o w a: Commentary. The Thurston Grange was inadvertently omitted from the Historic Landmark Inventory list. 'H:';;'w,,,.0iS'tiliS6r't-.,,.,>!?,,Z'f0';;;jQ> s!tt(jitressiOO..j.Ull~~l~; . . 1$ ,.,C.. Ii ;Uc UTe.it;;"]"".;;;;,!,,,;; 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 00 = ~G~ '-'" :::> <t . . >- m 6' 8' 2W . ",': ~- ~ 8 . . Barbedl Razor !}i!~),;oo 1f,i!"i!~i!jl+i(8) 1(00 . ),;/N (8) N 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 AUG 222008 By: G /{ 9 o UJ "2 LU (.) uJ a: . .. 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 00 c::> c::> N c:q c:q <.!:> :::> <t :oriH:located,bnicomer'lots/ . arcelsvof!S'OaOls l1lai'enfeet:ilil 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. . . " ';::>\ 2. All walls connecting abutting units shall be fire resistive walls as CO." specified in the Structural Specialty Code and Fire and Life Safety , "'i.: ("'?\-'.; il )..,-,'1 ,.QoSie. . \ ',';'" ": ~ t I ;._, ,: :~ : ,\ " H' '." ." .f,.'...... 'i-' ri .r' ~ Zo. =:., '- ~\; ;'.W:~' .. ~ 111r I) . ,~, 10 '\\ ~~. '. ~. I. . ' . . 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. , .~~ ! ."':'l .~ , , 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. -. /'~ '.' " , , ., I 4.7-190 Professional Offices :i '. i \' .... Commentary. The MUG District is added to the list. The intent was to include all primary commercial districts. .-.' 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 By: GK 11 o LU > - UJ (.) LU a: . I) 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. 00 = = ('oJ ~ ~ .~ :=> <:( . . ~ 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. :IYI" "'I,. ";, ;'J. '.1;"'.' , .. ".} 12 . . 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. . ~ 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. [!!lifF@ 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. AUG 222008 BY:~13 . .. " 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. 0 UJ ~ 00 = = N ~ uJ ~ ~ (.) '-" :::> . 4: ~ . . ~ 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 ~~~1Wii~F$~jij:t:E1~~J . . [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; . -- ': -'\ c:.'.~:': f...,~; . .' :",/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: ." ...\.l I, <t( 14 , . . 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.. . AUG 222008 15 By:.i2.;( , . . . . 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 AUG 222008 By: ~{I( :,. :.. ',', '.. ','0, I I,,'; .~i ~...{. ,..:.. 'I'.'.y. .- ;' '.~ ,. 'I,' 16