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HomeMy WebLinkAboutNotes, Meeting PLANNER 9/12/2008 . . MEMORANDUM CITY OF SPRINGFIELD DATE OF WORKSESSION: September 16, 2008 TO: Springfield Planning Commission FROM: Gary M. Karp, Planner III PLANNING COMMISSION TRANSMITTAL MEMORANDUM SUBJECT: Proposed Springfield Development Code (SDC) Amendments - Section 5.13- 100 Master Plans; Section 3.3-200 Drinking Water Protection (DWP) Overlay District; and various sections to correct Scrivener's errors created with the adoption of the reformatted SDC; Case Number LRP 2008-00011, City of Springfield, Applicant ISSUE The proposed SDC amendments address the following issues: Streamlining the Master Plan process; updating Fire regulations in the DWP Overlay District; and addressing additional Scrivener's errors. '. DISCUSSION Staff has divided the proposed SDC amendments into three parts for ease of review (Attachments 1, 2 and 3). Each part contains an overview and commentary. The proposed Master Plan amendment address staff's concerns regarding the current Master Plan review process and responds to these concerns with clear and specific regulations. The proposed updated Fire regulations for the DWP Overlay District were proposed jointly by the City's Fire and Life Safety Department and the Springfield Utility Board. The proposed amendment of Scrivener's errors are the second, and hopefully last, SDC amendment of this type regarding the Development Code reformatting process adopted last year. Staff has distributed a copy of the proposed Master Plan amendments to private sector planners who have submitted past Master Plan applications for comment. The proposed text includes responses to comments submitted to date. Staff has scheduled a public haring before the Planning Commission on the proposed SDC amendments on October 7,2008. RECOMMENDATION/ACTION REQUESTED Review the proposed SDC amendments and provide feedback to staff. ATTACHMENTS Attachmeht 1: SDC Section 5.13-100 Master Plans Attachment 2: SDC Section 3.3-200 Drinking Water Protection Overlay District Attachment 3: Various Sections - Scrivener's Errors Date Received; oq I?, 00 Planner: GK . . ATTACHMENT 1 sec SECTION 5.13-100 MASTER PLANS OVERVIEW The proposed amendment of Section 5.13-100 Master Plans arises from issues occurring during and after the review of the Marcola Meadows, RiverBend and MountainGate Master Plan applications. The proposed amendment addresses the following issues: I 1. Incomplete applications - by requiring the same Pre-Submittal Meeting! review process that currently applies to Site Plan, Subdivision and Partition applications to ,also apply to Preliminary and Final Master Plan applications (see Sections 5.13-115'!and 5.13-132). 2. The lack of a formal Final MasterPlan review process - by establishing a specific Preliminary Master Plan application review process (see Sections 5.13c115 through 5.13- 130) and a specific Final Master Plan application review process (see Sections 5.13-131 through 5.13-134). ' ,I 3. The broad purpose statement - by stating that the Master Plan specifically applies to phasing of development over several years (see Section 5.13-105). !! 4. The appropriate level of review - by limiting the Master Plan process p~rpose to phasing, the level of Preliminary Master Plan review can be reduced from a Typ~ III/IV procedure to a Type 11I111 procedure. The Fi~al Master Plan application is specified as a Type 1/11 procedure (see Sections 5.13-115 and 5.13-131). '5. Broad Preliminary Master Plan submittal reouirements and approval criteria - by establishing clearer Preliminary Master Plan submittal requirements arid approval criteria sections (see Sections 5.13-120 and 5.13-125). 6, Vaoue reoulation - by deleting the reference to "basic underlying assurt,ptions" that had to be addressed during the Master Plan modification process (see Sections 5.13-120 and 5.13-135). :, 7. Perceived lack of public involvement - by requiring the applicant to hold a Neighborhood Meeting prior to Preliminary Master Plan submittal (see Section 5.13-117). . 1 The proposed SDC amendment establishes the following Master Plan review process: 1. 'Pre-Application Report application - the applicant asks questions of staff; staff responds in Writing and explains the review process (applicant submits/staff reviews); 2. Neighborhood Meeting (applicant's responsibility, including notice); ii 3. Pre-Submittal Meeting application for the Preliminary Master Plan application - completeness review (applicant submits/staff reviews); 4. Preliminary Master Plan application formal submittal and acceptance (applicant submits/staff reviews); 5. Preliminary Master Plan approval/denial (staff or Planning Commission decision). 6. Pre-Submittal Meeting application for Final Master Plan - completeness review applicant submits/staff reviews); 7. Final Master Plan application formal submittal and acceptance (applicant submits/staff reviews); 8. Final Master Plan approval/denial (staff) - The Final Master Plan application must be submitted within one year of Preliminary Master Plan approval to be reviewed under Type I or Type II procedure; 9. Recordation of a Memorandum of Final Master Plan approval and any ,additional conditioned documents (applicant); i! 10. Final Master Plan approvi;ll granted effective on date of recordation (applicant/staff); and , Date Received; Oq 'J.) aS . Planner: GK ATTACHMENT 1 - 1 . . 11. Submittal of the Subdivision and Site Plan Review applications to initiate the various phases (applicant submits/staff reviews). Commentary. Current Section 5.13-100 is deleted in its entirety to make room for the proposed amendments. However, the term "Master Plan" is currently mentioned In SDC Sections 3.4-215 through 3.4-225 (the Glenwood Riverfront Plan District). This current version . will be placed in SDC Appendix until such time as the Glenwood Refinement Plan and the Glenwood Riverfront Plan District are updated. Text proposed to be deleted is shown as: [stFike throufJh]. Language proposed to be added is shown as: lanauaae added. [SectieR 5.13 1 QQ Master Plans 16.13106 PUFJlBSe A ". I'. Master Plan is a sempreRensi'/e plaR tRat alle.....& phasing sf a spesms Ele'/elepmeRt area e'ler se'.<eral yeaFS fer pulins. commeFSial. iREI!,Jstrial or resiElential Ele'JelepmeRt. 1\ Master P13n. iR Ihis cenlem. is speGmc 10 this Ceee aRe is net sensider-eEl te ee a FefineR'lent plan er aRY elRer similar subset ef the Motre Plan. By aeElressiRg public service impasts ane Ele'JelOpmeRt requir-ements at tRe time sf appr-eval ef Master Plan, these impacts aRe r-eq!,Jirements need Rat be reaedresseEl at subseqblent phases ane tRe Ele'Jeleper may rely OR tRe Master Plan approval in implementinglhe development. B. The pblFpese sf a Master Plan is Ie: 1. Pre'lide preliR'linary appreval fer tRe entir-e eevelepment area iR relatieR te lanEl !,Jses, a range ef minimum to R'laximblm petential inteRsilies anEl deRsities, aFFangeR'lent ef uses. aREI tRe lesatieR ef pblelis fasilities and IraRspertatieR systems when a ElevelepR'lent area is propeseElle ee Ele'/eloped in pRases; 2. Jl.ssblre Ihat inElividual pRases sf a Elevelepment will be seerdinateEl witR eash elher; 3. PreviEle Ihe applisant aR assuranse ef tRe Cit}'s e*pectatieR fer Ihe e'lerall ElevelopmeRt as a basis fer EletaileEl plaRRiRg anEl iRvestment by tRe Eleveleper. C. The PlaRRing CemR'lissien sRall appro\<e Il'1e Master PlaR prier Ie City appreval ef a relateEl S!,JbElivisian or Site Plan applisalieR; Rewever, tl'1e Master PlaR may ee re'JieweEl sonc(,IFr:eRlly with a ZeRing Map amemlmeRt. DiscretisRary Use. VariaRse and/er aRY elher applicatien or appre'/al sellght by tRe applisant relateElle Il'1e Master PlaR. D. SllbjeGt te prier appro'/al ef a Master Plan. a separate SlleElivisioR.ar Site Plan applisation sRall be appreveEl fer easR phase. TRe Master PlaR shall be the Basis fer the e'Jaluation ef all pRases ef Ele'JBlopment an any iss(,Ies that it aElElr-esses. Phases may ee seR'lbineEl fer sensiEleratieR. E. .I\pprs'Ial ef a Master PlaR is effective fer IIp to 7 years; hewever tRe approveEl Master .PlaR time limit may be emeREleEl pllFSllaRt te Sectien.5.1 ~.1~5, Meriifif;a~;OAs Ie Ihs Masler Plan aAri aeRedu.'e. . I 6.13 110 Applisaeility Date Received: .' PCf .../ 2. .00 Planner: -<3K' -" .~" ..,',.~-,! ATTACHMENT 1 - 2 A .... . . r "4:len initiatea by an appliGant VmeR the fellowins sFiteria aFe The Master Plan pr.esess app les .. . met; B. Tl:1e aevelaj:lment area is !,lnder ane awnership: ar . '. fA all a"fIlers af FeGom l:1a'le Gonsentea in If tl:1e ae'/eloj:lment aFea l:1as multiple owners, en .. \liming to the Mastor Plan Feview proGess; and Tl:1e develaj:lment aroa is Ii aGr.ElS or gr.Elater. ~~~~~;~~~~~:es ~:~ r:::t:i;~i;~:~:~:a~;;~~a~~~:I~:a~: t::s:~::~ea aevelaj:lment c. D. 16.13 120 Submittal Rell!,lireRleAts . aFea in a Glear ana legible manner nesessary A Master Plan shall Gantaln ~I~ af tl:1e el~menls prep b' fulfillea and shall iRsluae but nat be ta aemanstr-ato that the j:lra'llslans af tl:11S Cade are elns . Iimitea te tl:1e fellewing: A. The el(istinll Metra Plan aesillnatian ana zene tllassifiGatian. ^ 'fiGinil>' map ara\'m ta ssale an a street base maj:l. ... ./ fl. lellal dessfiplisn of tRe property tellether \VitA a map drawn ta ssale aepistinll tl:1e lellal ba!,lnaaries af tl:1e s!,llljest waperty. . 'st' Fesent !,lses af tl:1e land, el(istinll stRJst!,lres, . .^. tapagraph!, map ana Ra~tl:.: ~Iep~ 1R:~inalle ways ana ather rele':ant natural ana slreets, slgnifiGant 'Ieselatian, ..13 an s, man maae feat!,lFeS. a Fapasea apj:lroximate aGr-ease ana .^. site j:llan sha.....inlllaGalian ana ~'j:le af all Ian !,lfses j:l aEljaGe~t j:lr-ej:leFty !,lses ana approximate n!,lmber af !,lnits ar s~!,lar-e featalle a !,lses, relevant features. . F. G. H. A .... e. e.. c. D. E. The aensit}' ar intensity af pFepasea !,lses. The maJliRUIFR heilll:1t ana size sf propesed strustUFes. . .. €I Fapesea streets utilities sanitary sewer, ^ p!,lblis faGilities pielA shsl'll.ns el(lstJnll an ..,p . bike'ana pedestrian ways ana natuFal ana pipea E:tsrm aralnalle system, ..ater ser.<lGe, tF:1Asit leeatisns. bate Received: 0'1 1'2. ae - .P/anner:GK ~:" ., ATTACHMENT 1 - 3 . . I. MailS ana narrati'/e showinll oft site publis impro'/ements neoossary to serve tAe pFElllasea ae'/elallment an8lGr ta FRitillate imllasls ta adjasent pFElllerty ar Ilublis fasilities. The DiFector ~ay r-e~l,Iir-e .aaaitional infaFFRation necessary to evaluate the prapasea ae'/~la~FRent, Incll,lalnll: but ~at li~ited te: an Ea~E analysis, lleolallY, sails, EtaFFR\'Jater, sanila,!, l~e.ll.r-eser\'atlan, hlsloncal, ar-tlhaea.lalllcal, ana lFaffis iFRllact. .'\11 relatea mails, m<Glualnll vlclnlly ana aetail FRalls, sllall De at tile saFRe scale. J. K. Pr-evisia~s: if any, ~ar reservalion, aeaisation, or I,Ise af lana fer Ill,lblis IlI,lFJlases, insluainll, . but not hFRllea ta: nllht!> of way, easements, llaFks, Ollen spases, aRa sSAaal sites. J\n averall sSAeaule ar aeseFiption Elf Ilhasing; ana tAe clevclollFRent te eeeur in easA phase. If Ilhasinll alteFRali'/es ar:e sontemplatea, IAese alternatives sAall be aessFibea. 't/Re.Fe.eft sile ar ather infrostnlslur-e imllrovements are requirea, the alllllisaRl sAall spesify tAe tl~lnll and FRetho~ Elf Easuring the iFRllrOvement, insluaing Dona, leller of sr-edit, jaint dellaEit ar ether e:esunly satisfastory far said imllr-e'/ement sonEtnlstian. DeEillnation of r:eEponsibilily far proviainll infraElructl,lr-e ana sefvises. L. M. N. O. ^ llener.;]1 sSAeal,lle af annmmtion sensistent with the IlAasing Illan, if aplllisable. I 6.13 125 Criteria 1'. Masler Plan ~ay be allllFGvea if the Plan Ring Cammissian finaE IAattlle IlFElllaEal saRfarmE '/lith all of tAe folla'....lng allllra'lal snteFia. In tAe evant af a sanflist witA allpraval sFiteria in this . al,lbsestian, the more sllesifis requir:ementE allllly. . A. The .zoninll at the WOller-ty shall be consiEtent v:ith the Metro Plan aiagram anal<lr =sable Refinement Plan aiallFam, Plan Distnst map, and Csnsepwal Oe\'elapFReRt , B. The :-equest, as sanaitianea, sAall sanferm 10 applisable allrinllfiela De'/elollment Coele requlreFRents, Metro Plan Ilolisies, Refinement Plan, Plan Distrisl, anel Conselltl,lal Develellment Plan Ilolieies. C. PrOIlElSea an site ana aft site impre'leFRents, bath Ilublis ana pFivate, a~e e:uffisient ta . aS~~':lmaelate the Ilrell~s~a Ilhased aevelallment ana any sallasity Fequiremenls of Ilublis fasl!ltles 'plans.; ana prevlslans are maae te assure sem:tnlsliEln of off site imIlFG\'ements in sanJl,lnsllon \',IitA a ssheaule af tAe IlAasing. D. The Fequest shall Ilreviae aclequate guiaance for the elesign ana searainalian of MUFe Ilhases; . . E. . Phys!~al features, i~sluclinll but not limitea to steell slalles 'fIith unstable soil or gealagic OOAaltlons, areas '.'11th susselltibilily 10 f1eaainll, signifisaAt slusters of lrees ana shrubs, wa~r-courses .sAaONn on IAe WOL'N Mall ami their ilssasiatea FillaFian ar-eas, wetlilnas, f~C . auteralllllngs ana allen sllases ana aFeas af histeFis anGlar aFGhaeelegisal slgRifisanse as may be sllecifiea in aesliaA 3.3 900 sr ORa 97.710 71l0, 358.905 955 ana 3~0.2,~5 210 s~all ~?Ilrelestea as sllecifiea in this Caae or in atate sr FeeleFallaw; ana . ._ DateReceived:,'O!"'12D0 Planner: GK . ..J .,....... ATTACHMENT 1 - 4 . . F. lSGal "meliG faGilities /llans and ISGal street plans sl'lall nat ee asversely irnl'lastes BY the I'lrepssea seveleprnent. I 6:13 139 CeRElitieRs The I\Pl'lrs':al Autherity FRay atlasl'l Feasonably necessary senditions te FRinirnize negati'~e i.FRl'lasts as speGified in this Case to ensure t!:lat the I'lrol'losed develepm?nt san full~ ~eet tl'le sritena of Section 5.1 J 125, ans FRay re"luim guarantees to ensur-e so~~lIaRse. ".s~lt!onally, tl'le ~ppro':al FRay sontain any conditisns nesessar)' to impleFRent tl'le pro'~ls!ons of Section 5.1 J 1 ~Q !nGluslng a schesule af fees and GhaFges, a sGhesule sf cOFRl'lliance review ans the extent to whlsl'lthe Master Plan is assignable. 16.13136 MeElifieatieRs te tile Master PlaR aREI SslleEllJle !\J'll'llisations fsr I'lhase FResificatien al'lpnl\'al 'lA:1ish are in slJestan~ial s?nfermity wilh an al'll'lre':ed Moster Plan shall not be seemes a medifisatisn oUl'le I'lla~. Mss!fisalions Ie the Maste~ Plan shall ee I'lrsGesses under the al'll'llisable I'lFeGeaures described eelow Ie aFRens Ihe Plan. A Msaifisations that ao net affect the BasiG underlying assuFRl'ltions of the aasl'ltea Master n. Plan and whish am nat setermines te ee siFRilar te Suesectien B. er C., belaw sRall Be weGessea as a FRinisteFial deGisisn ey t!:le Direster. MoaifiGations tl'lat ar-e signifisant, but SS net affect the basis b1nderlying aSSblFRJ:ll~ens ~f t!:le aJ'll'lre\'ed Masler Plan, sl'lall ee wocesses under TYl'le II precedure. These FRSSifisatlens inGluse a re"lblest: B. 1. By tRe appliGant fer a shange of sensity alleGalion with in the sensity Fange allowea in tl'le appliGaele zening sistrist; By the al'lJ'llisant fer a shange te the alignment of Fight of way Fe"lblir-eFRcmts ef losal streets; By tRe apJ'llicant er City fer a Ghange te tl'le size~ er lecatien ofl'lubliG faGilities; By the a/lplicant fer a shange sf scheabllea phasingbeyons tRe appF8\'es tiFR~ IiFRit fer the phasea sevelopment when t!:le pFoposes shan!le affests tRe senstrustlon af schesblles Pblelis irnpra'lemenls; By the City bases an tl'le Fe"lblir-emenl te implement ne'.vly asepted Slate erfeseral r-e!lbllations; By t!:le applicant fer a ene tiFRe extensien of tl'le al3~reves tiFRe Ii~it for b1pto tl'lree years. The time line extension will be gFantes I3l-Elvlses the al'lpllsant h~s mas.e Feasonaele pr-egr-ess in t!:le impleFRentation ef the Master Plan. ans I3b1BlIs seMces ans fasilities remain a'/ailable; . By the al3l'llisantto aller si!lnifisant natuFaI r-esouFces, wetlands, al3en sl3ase areas, arshaeolagis and histaRc featblr-es Bayand the ssel3e af the al3l3F8':ed Master Plan; Elf 2. 3. 4. 6. 6. 7. Date Received: 09 /2 0'6 Planner: GK . . . .' . ; " .! .. '1 I: t. ATTACHMENT 1 - 5 c. A. B. c. D. . . B~ the allllliGan~ f.er atRer me~ifilJtltians te the tlIlIlFO'JeS Master Plan that the Dlmster seteFmlnes te be slFfular ts tRe mssifiGatisns sllesif.ies in tRis Subsestil1n. ~~~if.itatia::.~':hi6h ~st t~e ,llndeFlying basis assumlltisns af tRe appra'Jee Master Plan the T~::~1I1 I, r-e:tnst sr sl€lnificantly af.f-est its implemenlatian sRall be Pr-ElSeSSeS llnder prase llFe, and Inclllae: 8. 1. 2. 3. 4. 6. 6. ~.p!.r~'Jal sf t~e Master ~IQn sRall aSSUFe tAe applisant the Fight ts procees witR tRe e. e o~~ent In s.llbstantlal c~nfaFmily witR tRe Master Plan, sllbjeGt to any FJloaif.ications as FJla~ e appr-e led as spesifies in Sestisn 5.13 135. Changes ts Oi'8inanaes alicies ~nd dstan~ards adslllod <lller the Gate af appra'Jal af the Master Plan sh<lll nat a~:IY ta e o','e apFJIent. PRa~e apllr-e'.'als sRall aSSllr thr-allgR tRe lana aivisian Fevie"" prasess, as spesifiea in se~.lsnbT.12 199, artRe Site PI<ln mvie..... Ilr-€lcess, as specifies in Sestian 517199 as 3~~I~O. . I Th~ ,Master PI~n ~hall be the basis far the evalllatian af all pRases sf de':elspmeRt an ~n~hls~ues Wl'llcR It ad~.msses. ApprEl'J<l1 at sevelopment Ilhases .....i11 be gFantes sllbjeGt o e erms and csndltlons at tRe Master Plan, blll sllbjest ta tRe alllllisable De'Jelspment Cade pFEl':isians and City Or-dinances sn iSSllOS WRiGh the Master Plan aaes nat addr-ess. . ~stvJi~stansing the ~r-e~aing pravision, the City "Rail net be obligated to pravide Illlblic :":~~b~:ents <If.f-e61lnglmplementatian sf the Master Plan if public funds ar-e not E. ~e ICi~ sha~1 nst be m(jllir-e~ te <lPPFEl'Je ~evelspFJIent sf any pRase desGribed in tI'le . . .' ":'" ._ ~~~~f1.,.if ~~ apPFElval Violates applisable FeaeFaI sr State st<ltlles sr administrative I... - ". Date Received:' 'Dc;~Jio 6 Planner: GK ATTACHMENT 1 - 6 . . F. TRe appreved Master Plan sRall ~e r-eserded at Lane CSl,lAty Deeds and Reser.as and the sFillinal retl,lFAed te the City.] Commentary. . The proposed subsections are listed below. Subsections: 5.13-105 5.13-110 5.13-115 5.13-116 5.13-117 5.13-120 5.13-125 5.13-130 5.13-131 5.13-132 5.13-133 5.13-134 5.13-135 5.13-140 Section 5.13-100 Master Plans PurDose ADDlicabilitv Preliminarv Master Plan -' Review Preliminarv Master Plan -ADDlication Concurrencv Preliminarv Master Plan - Neiahborhood Meetina Preliminarv Master Plan - Submittal Reauirements Preliminarv Master Plan - Criteria Preliminarv Master Plan - Conditions Final Master Plan - Review Final Master Plan - Submittal Reauirements Final Master Plan - Criteria. Recordation and Effective Date Final Master Plan - Phasina ImDlementation Final Master Plan - Modifications Final Master Plan - Assurance to the ADDlicant and City Disclaimers I 5.13-105 PurDose Commentary. The "definition" of a Master Plan is ciearer- the specific purpose is to allow phasing of development over time. A. A Master Plan allows phasina the development of a specific prooertv over several vears. Commentary. The current purpose statements are revised to give them more substance. B. The purpose of a Master Plan is to: 1. FaCilitate the review of multi-phased developments that are desired to be developed for more than 3 vears and ensure that individual phases will be coordinated with each other over the duration of the Final Master Plan: 2. Ensure that a full ranae of public facilities and services are available or will be provided for the proposed phased development and to plan the extension of necessary public infrastructure in a timelv and efficient manner. 3. Determine soecific land uses. a ranae of minimum to maximum potential intensities of non-residential uses and a ranae of minimum to maximum densities of residential uses. the arranaement of uses. and the location of public facilities and transportation svstems; 4. Identify the incremental and cumulative impacts. includina. but not limited to noise. shadina. alare. utility capacity and traffic. raised durina the review of the proposed Date Received: Ocr /2 e~ Planner: GK . . : '~, .: '. ' ... ~ :"":1'-:'. ATTACHMENT 1 - 7 . . development and consider altematives for mitiqatinq these impacts to affected properties and public facilities: 5. Provide the property owner an opportunity for the concurrent review of discretionary land use decisions: and 6. Provide the property owner with the assurance needed over the lonq term to plan for and execute the proposed development. I 5.13-110 Applicability Commentary. The current SDC Master Plan review process implies there is a two-step process, but is not specific. The proposed review process is formalized into two distinct steps - the Preliminary Master Plan and the Final Master Plan. . A. Approval of a Master Plan is a two-step process that includes Preliminary Master Plan Approval and Final Master Plan Approval. This process applies when the followinq criteria are met: 1. The property is under sinqle ownership: or if the property has multiple owners. all owners of record consent in writinq to the Master Plan review process: and Commentary. There is no change to the current 5 acre minimum, except that there may be situations where a person owns less than 5 acres and desires more time to develop than is currently allowed by the Site Plan Review process, which is 2 years, with up to a one year extension. There is no change to the current maximum allowable time}ine of 7 years, unless an . extension is requested and granted as discussed in Section 5.13-135. 2 The property is 5 acres or qreater and the applicant desires development to be phased over a period not to exceed 7 vears. EXCEPTION: The Director mav allow an exception to the 5 acre minimum. if the applicant requests phasinq for more than 3 vears. Commentary. Origimilly, the Master Plan process was adopted in the 1980's to apply to MountainGate, a residential development. Most recent Master Plan applications have involved either commercial or commerciaVresidential mixed use. Subsection B. lists proposed development options that may occur in a number of zones or mix of zones. B. A Master Plan mav include public. commercial. industrial or residential development. or anv combination thereof. I 5.13-115 Preliminary Master Plan - Review Commentary. There is a change proposed for the level of review for a Preliminary Master Plan. Currently, a Type 11/ procedure (Planning Commission review) is required for all Master Plan applications. A Type II procedure is proposed because the intent of the Master Plan . process is similar to a Site plan application, which is a Type /I review. The difference between the two applications is that Site Plan approval is good for 2 years and the Master Plan approval is good for 7 years and the Site Plan Review application requires more specific information. . _ ,....0-' ~ :L .....n. 'to ...~ .;..."'~' ., .. - '.- ~. {.'l" 0 /:. Date Received: ,,;0 . ,~~:., . '0 Planner: GK ATTACHMENT 1 - 8 . . A. The Preliminary Master Plan shall be reviewed under Tvpe 1\ procedure. EXCEPTIONS: The Preliminary Master Plan shall be reviewed under Tvpe III procedure if: 1. The Director determines that the proposed development is: a. Complex andlor b. Mav have potential impacts on public facilities. indudinq. but not limited to availability and capacity. and/or other properties. includinq. but not limited to noise. and traffic: andlor 2. The applicant chooses to submit concurrent Tvpe III procedure applications as mav be permitted in SDC 5.13-116.B. B. Prior to the submittal of a Preliminary Master Plan application: Commentary. The .Pre-Application Report" process is currently used to allow the applicant to ask staff an unlimited number of questions regarding the proposed development. No change is proposed regarding the use of this process. 1. A Pre-Application Report application. as specified in Section 5.1-120.B.. is required prior to the formal submittal of the Prelim.inary Master Plan application. Commentary. A Master Plan is a complex application. Requiring the Pre-Submittal Meeting application will allow staff to 'evaluate the Preliminary Master Plan application for completeness, Drior to formal submittal by the applicant and the start of the state-mandated 12D-day review time line. . 2. A Pre-Submittal Meetinq application. as specified in Section 5.1-120. C.. is required prior to the formal submittal of the Preliminary Master Plan application. I 5.13-116 Preliminary Master Plan - Application Concurrencv Commentary. Currently; there is no prohibition on concurrent Metro Plan diagram and/or text amendment applications, but past City practice has been that any required Metro Plan diagram and/or text amendment application was approved Drior to the submittal of the Preliminary Master Plan application. The text in Subsection A., below continues this past practice. A.. If the applicant requires or proposes to chanqe the Metro Plan diaqram andlor text. the applicant shall applv for and obtain approval of a Metro Plan diaqram and/or text amendment prior to the submittal of the Preliminary Master Plan application. The Metro Plan diaqram and/or text amendment mav also require amendment of an applicable refinement plan diaqram or Plan District Map. B.. The Preliminary Master Plan mav be reviewed concurrently with other Type III applications indudinq a Zoninq Map amendment Discretionary Use. Maior Variance. or a Willamette Greenway development application. Date ReceiVed' Planner: GK . ':0:. 1. -'1' O'cr (2 0'0 ATTACHMENT 1 - 9 . . Commentary. Currently, SDC Section 5. 13-105C. states: "The Planning Commission shall approve the Master Plan prior to City approval of a related Subdivision or Site Plan application..... This language now specifically refers to the "Final" Master Plan. Th.ere is no change to the intent of this requirement. C. Subdivision and/or Site Plan applications that initiate the various phases of proposed development shall not be submitted concurrentlv with the Preliminarv Master Pial'\. These applications shall not be submitted until Final Master Plan approval is effective. as specified in Section 5.13-133. 15.13-117 Preliminarv Master Plan - Neighborhood Meeting Commentary. During the Marcola Meadows Metro Plan diagram and Zoning Map amendment process,. the applicant voluntarily provided notice and held a neighborhood meeting to explain the proposed development. This undertaking helped educate neighbors to the intent of the proposal prior to the public hearing process. This is now a requirement for Master Plan applications because it allows the public to be involved in a maior development while still in its early stages and complies with/utilizes State-wide planning Goal 1, Citizen Involvement. To provide the opportunity forearlv citizen involvement in the Master"Plan review process. the . applicant shall provide notice and invite citizen participation bv initiatina a Neiahborhood Meetina. ; The meetin!:! shall be scheduled after receipt of staff's response to the Pre-Application Report application reauired in Subsection 5.13-1178.1.. and prior to the formal submittal of a Preliminarv Master Plan application. The meetina is not intended to produce complete consensus on all applications. It is intended to encouraae applicants to be dood neiahbors. The applicant shall be responsible for schedulina and orqanizina the meetina. arranaina the meetina place. notice and all related. costs. City staff will attend the neiahborhood meetina in an advisory capacity to answer auestions. The notice shall provide a brief description of the proposal and shall be mailed to those property owners and residents within 300 feet of the proposed development. The meetina may be held in any public or private buildina capable of accommodatina the proceedina. The buildina selected should be in the vicinity of the proposed development. The applicant shall submit a summary of the auestions raised and responses made at this meetina with the Preliminarv Master Plan application as required in Subsection 5.13-120N. I 5.13-120 Preliminarv Master Plan - Submittal Requirements Commentary. The submittal requirements Section is updated to incorporate certain aspects of the Site Plan Review application in order to provide more specificity to the applicant. The Preliminarv and Final Master Plan applications shall be prepared bva desiQn team comprised. at a minimum. of a planner..architect. civil enaineer. and landscape architect. The applicant shall select a proiect coordinator. All related maps. excludinQ vicinity and detail maps. shall be at the same scale. A Preliminarv Master Plan shall contain all of the elements necessary to demonstrate compliance with the applicable provisions of this Code and shall include. but not be limited to: A. General Submittal Requirements. The applicant shall submit a narrative aenerallv describinQ the purpose and operational characteristics of the proposed development. The narrative shall include: Date Received: G q f'2- 00 Planner:GK . . , . .~.,- ;'1.;':. ~.~,..-~ --"" . . .. -' . ~.. ...JH:. . ATTACHMENT 1 - 10 . . 1. The existinQ Metro Plan desiQnation and zoninQ. Where the proposed Master Plan site is within an overlav district. Plan District or Refinement Plan the applicable additional standards shall also be addressed;. 2. The location and type of land uses proposed; 3. The proposed number of residential units and/or square footaQe of commercial. industrial and/or public uses; 4. The density or intensity of proposed uses. includinQ applicable Floor Area Ratios (FARs); and . 5. The applicant shall attach; a. A map depictinQ existinQ zoninQ and land uses within 300 feet of the proposed Master Plan boundary; b. A Vicinity Map drawn to scale depictinQ existinQ bus stops. streets. drivewavs. pedestrian connections. fire hvdrants and other transportationlfire access issues within 300 feet of the proposed Master Plan site; and' c. A leQal description of the property within the proposed Master Plan boundary. B. A Site Assessment of the entire proposed Master Plan site that preciselv maps and delineates the existinQ conditions on the site. Proposed modifications to phvsical features shall be clearly indicated. Information required for adiacent properties may be Qeneralized to show the connections to physical features. A Site Assessment shall contain the followinQ information. as applicable; 1. A full size map depictinQ the proposed Master Plan boundary tOQether with existinQ lot/parcel lines; 2. The 1 OO-Year floodplain and floodway boundaries on the proposed Master Plan site. as specified in the latest adopted FEMA Flood Insurance Rate Maps or FEMA approved Letter of Map Amendment or Letter of Map Revision; 3. The Time of Travel Zones. as specified in Section 3.3-200 and delineated on the Wellhead Protection Areas Map on file in the Development Services Department; 4. Physical features includinQ. but not limited to siQnificant clusters of trees and shrubs. wetlands as specified in.Section 4.3-117. rock outcroppinQs and watercourses shown on the Water Quality Limited Watercourse N'JLQWl Map and their riparian areas on file in the Development Services Department. In the latter case. the name. location. dimensions; direction of flow and top of bank shall be depicted. If the proposed Master Plan site is located within 150 feet of the top Date Received: 0'1 /;2 0'2 .~'ann~r: .GK ':'.: ';;.-' ATTACHMENT 1 - 11 . . of bank of any WQLW or within 100 feet of the top of bank of any WQLW direct tributarv. a Riparian Area Protection Report is reauired: 5. Soil types and water table information as mapped and specified in the Soils Survey of Lane County. A GeotechniCal report prepared by a licensed Geotechnical Enaineer shall be submitted concurrently if the Soils Survey indicates the proposed Master Plan site has unstable soils and/or a hiah water table: and 6. Existina eleyations and contours. c. A Gradina Plan which includes: existinQ and proposed elevations and where 2 or more feet of fill or aradina is anticipated for portions of or the entire proposed Master Plan site. On hillsides. the plan shall show pad sites and their relationship to the public riQht-of-way with existinQ contours at 1-foot intervals and percent of slope. In areas where the percent. of slope is 10 percent or more. contours may be shown at 5-foot intervals. D. A Stormwater ManaQementPlan diaaram which includes the stormwater manaQement system for the entire proposed Master Plan site and any impacts on adiacent properties. The plan shall contain the followina components: 1. Roof drainaQe pattems and discharae locations: 2. Pervious and impervious area drainaae patterns: 3. The size and location of stormwater manaQement systems components. includina. but not limited to: drain lines. catch basins. drv wells andlor detention ponds: stormwater Quality measures: and natural drainaQeways to be retained andlor modified: 4. ExistinQ and proposed elevations. site Qrades and contours: and 5. A storrnwater manaQement system plan with supportina calculations and documentation as specified in Section 4.3-110 shall be submitted supportinQ the proposed system. The plan. calculations and documentation shall be consistent with the Enaineerina Desian Standards and Procedures Manual. E. A Wastewater Manaaement Plan with maps and a narrative depictinQ the location and size of existina and proposed wastewater facilities with supportina calculations and documentation consistent with the Enaineerina Desian Standards and Procedures Manual. F. A Conceptual Utilities Plan with maps and a narrative depictina the location and size of existina and proposed water. electrical. aas and telephone service: and the location of existina and required traffic control devices. fire hydrants. street liahts. power poles. transformers. neiQh~orhood mailbox units and similar public facilities. . 1-~..- (if' I, '; 4 ;~.~, , I' -Date Received;,J09: r'::1C?,0~: Planner: GK ATTACHMENT 1 -12 . . G. A Conceptual Landscape Plan with maps and a narrative iIIustratina proposed landscapina for the entire proposed Master Plan site. includina. but not limited to: where existina veaetation is proposed for preservation. especiallv riparian and wetland areas and trees: installation of veaetative bufferina: street trees: aenerallandscapina: and a percentaae ranae for the total amount of reauired open space. broken down bv the type of open space. public and private. as applicable, H. A Conceptual Architectural Plan with maps. illustrative examples. includina buildina elevations utilizing applicable SDC desian standards. and a narrative providina sufficient information to describe proposed architectural stvles. buildina heights and buildina materials. ' I. AParkina Plan and Parkina StudY. 1. A Parking Plan shall be submitted for all proposed development and shall contain the followina information: a. The location and number of proposed parkina spaces: b. On-site vehicular and pedestrian circulation: c. Access to streets. allevs and properties to be served. includina the location and dimensions of existina and proposed driveways and any existina driveways proposed to be closed: d. The location of and number proposed bicvcle spaces: e. The amount of aross floor 'area applicable to the parking reauirements for the proposed use: and f. The location and dimensions of off-street loadina areas. if any. 2. A ParkinaStudv. for other than sinale familv developments. with maps and a narrative depicting proiected parking impacts. including. but not limited to: proiected peak parkina demand: an analvsis of peak demand compared to. or . use of. the proposed on-site and off-site supplv: potential impacts to the on-street parking system and adiacent land uses: and proposed mitigation measures. if necessary . J. A Conceptual On-site Lightina Plan depictina the location and maximum' height of all proposed exterior light fixtures. both free standina and attached. K. A Public Riaht-of-WavlEasementlPublic Place Map depictina the reservation. dedication. or use of the proposed Master Plan site for public purposes. includina. but not limited to: rights-of-way showina the name and location of all existina and proposed public and private streets within or on the boundary of the proposed Master Plan site. the riaht-of-wav and pavina dimensions. and the ownership and maintenance status. if applicable. and .the location. width and construction material of all existina and proposed sidewalks: pedestrian _ Date Received: 09 12 oS' P/anner:GK. ~ !,., ,', ATTACHMENT 1 -13 . . access ways and trails: orooosed easements: existinq easements: Darks: ooen soaces. includinq olazas: transit facilities: and school sites. L. A Traffic Imoact Study. as soecified in Section 4.2-105.A.4. the scooe of which may be established bv the Public Works Director. The Traffic Imoact Study shall contain maos and a narrative deoictinq oroiected transoortation imoacts. includinq. but not limited to: the exoected number of vehicle trios (oeak. soecial events that may be qenerated bv the orooosed develooment. and dailv): an analysis of the imoact of vehicle trios on the adiacent street system: and orooosed mitiqation measures to limit any oroiected neqative imoacts. Mitiqation measures may include imorovements to the street system itself or soecific oroqrams and strateqies to reduce traffic imoacts such as encouraqinq the use of oublic transit. caroools. vanoools. and other alternatives to sinqle occuoant vehicles. M. A Phasinq Plan. The' Phasinq Plan shall illustrate the orooosed location of buildinqs. streets. utilities and landscaoinq. Phasinq shall oroqress in a sequence that orovides street connectivity between the various ohases and accommodates other required oublic imorovements such as wastewater facilities. stormwater manaqement. electricity and water. The Phasinq Plan shall consist of maos and a narrative with an overall schedule or descriotion of on-Joff-site ohasinq includinq. but not limited to: the Me. location and timinq of orooosed uses. buildinq locations: orooosed oublic facilities includinq on-Joff-site streets and traffic siqnals or other traffic control devices and utilities with the desiqnation of construction and maintenance resoonsibility: estimated startlcomoletion dates with a orooosed tyoe of financial quarantee to ensure olanned infrastructure imorovements will occur with each chase or when required bv the City. affected local aqencv or the State - the formal submittal of the quarantee tyoicallv occurs durinq the Final Master Plan review orocess andJor imolementation: a statement of the aoolicant's intentions with reqard to the future sellinq or leasinq of all or oortions of the orooosed develooment (where a residential subdivision is orooosed. the statement shall also include the aoolicant's intentions whether the aoolicant or others will construct the homes): and the relationshio of oedestrian and bicycle connectivity and ooen soace requirements to the orooosed ohasinq. N. Neiqhborhood Meetinq Summary. The aoolicant shall submit a summary of issues raised at the neiqhborhood meetinq as soecified in Section 5.13-117. O. A coov of all orooosed and any existinq covenants. conditions. and restrictions that may . control develoomenl. if aoolicable. P. Annexation. A qeneral schedule of orooosed annexation consistent with the ohasinq olan. if aoolicable. a. The Director may require additional information necessary to evaluate the orooosed develooment. includinq. but not limited to a: 1. ESEE analvsis. as may be needed to comolv with Statewide Planninq Goal 5. Natural Resources for site attributes that may not be on an adooted City inventory: 2. Wetland delineation aooroved bv the Oreqon Deoartment of State Lands shall be submitted concurrentlv with the Preliminarv Master Plan aoolication. where there is a . wetland on the orooosed -Master Plan site: and '.>~..:"~'@OJ:r-?, Q'O . ~ ~ ...., 't\.eCt:.:lve9,__ ,f ....To . PI~~ner: GK'::.':c " ~. . . ATTACHMENT 1 -14 . . 3. Historical and/or archaeoloaical studies. R. AnY concurrent land use applications as specified in Subsections 5.13-1168. I 5.13-125 Preliminary Master Plan - Criteria Commentary. The Preliminary Master Plan approval criteria are clearer. For example, criterion '5.13-125 B. currently states: "The request, as conditioned, shall conform to applicable Springfield Development Code requirements." This is too broad because it refers to any SDC requirement. The following Subsections now connect specific aspects of the proposed Preliminary Master Plan criteria to the applicable SDC Chapter and/or Sections. The SDC defines "Approval Authority" as the Director, Hearings Official, Planning Commission or the City Council. A Preliminary Master Plan shall be approved. or approved with conditions. if the Approval Authority finds that the proposal conforms with all of the applicable approval criteria. Commentary. The current "Metro Plan diagram" reference is deleted because either the applicant has recently applied for and obtained a Metro Plan diagram and/or text amendment, and/or the "correct" designation is already in place. Therefore, there should be no need to revisit " Metro Plan policy as part of the Master Plan review process. A. PlanlZone Consistency. The existinq or proposed zonina shall be consistent with the Metro Plan'diaaram and/or applicable text. In addition. the Preliminary Master Plan shall be in compliance with applicable City Refinement Plan. Conceptual Development Plan or Plan District standards. policies and/or diaqram and maps. Commentary. This criterion specifically refers to "all applicable standards of the zoning district" which include building height, setbacks, specific design standards, etc. B. Zonina district standards. The Preliminary Master Plan shall be in compliance with applicable standards of the specific zonina district and/or overlay district. Commentary. This criterion specifically refers to the required Traffic Impact Analysis from a transportation system capacity aspect in relation to proposed phases, in addition to the transportation standards contained in SDC Chapter 4. C. Transportation system capacity. With the addition of traffic from the proposed development. there is either sufficient capacity in the City's existina transportation system to accommodate the development proposed in all Mure phases or there will be adeauate capacity by the time each phase of development is completed. Adopted State and/or local mobility standards. as applicable. shall be used to determine transportation system capacity. The Preliminary Master Plan shall also comply with any conditions of approval from a Metro Plan diaaram and/or text amendment reaardina transportation and all applicable transportation standards specified in SDC Chapter 4. Commentary. This criterion refers to current parking standards in SDC Chapter 4 Development Standards that apply to speCific transportation issues, D. Parkina. Parkina areas have been desianed to: facilitate traffic safety and avoid conaestion: provide bicycle and pedestrian connectivity within the propertv;;ihd'to nearby . lJate ReceiVed: " 01' '/,;z O@ Planner: GK ATTACHMENT 1 -15 . . transit stops and public areas. The PreliminarvMaster Plan shall also comply with all applicable vehicular and bicycle parkinq standards specified in SDC Chapter 4. Commentary. This criterion refers to current ingress-egress standards in SDC Chapter 4 Development Standards that apply to specific transportation issues. . E. lnqress-eqress. Inqress-eqress points have been desiqned to: facilitate traffic safety and avoid conqestion; provide bicycle and pedestrian connectivity within the property and to adjacent residential areas. transit stops. neiqhborhood activity centers. and commercial. industrial and public areas: and minimize driveways on arterial and collector streets as specified in this Code or other applicable City and State requlations. The Preliminarv Master Plan shall also comply with all applicable inqress/eqress standards specified in SDC Chapter 4. Commentary. This criterion refers to current standards in SDC Chapters 4 and 5 that apply to specific utility issues. Availability of public utilities. Existinq public utilities. includinq but not limited to. water. electricity. wastewater facilities. and stormwater manaqement facilities either have sufficient capacity to support the proposed development in all future phases adequately. or there will be adequate capacity available bv the time each phase of development is completed. The Public Works Director or appropriate utility provider. shall determine capacity issues. The Preliminarv Master Plan shall also complv with applicable utility standards specified in SDC Chapters 4 and 5. Commentary. This criterion refers to current standards in SDC Chapter 4 Development Standards that apply to specific physical feature issues. F. G. Protection of physical features. Physical features: includinq but not limited to slopes 15 percent or qreater with unstable soil or qeoloqic conditions. areas with susceptibility to f1oodinq. siqnificant clusters oftrees and shrubs. watercourses shown on the Water Quality Limited Watercourses (\NQLWl Map and their associated riparian areas. wetlands. rock outcroppinqs and open spaces and areas of historic and/or archaeoloqicalsiqnificance as may be specified in Section 3.3-900 or ORS 97.740-760. 358.905-955 and 390.235-240 shall be protected as specified in this Code or in State or Federal law. The Preliminarv Master Plan shall also comply with applicable physical feature protection standards specified in SDC Chapter 4. Commentary. This criterion addresses a specific phasing issue that arose during the Marcola Meadows Master Plan review process. H. Phasinq Plan. The Phasinq Plan shall: demonstrate that the construction of required public facilities will either oCcur in coniunction with. or prior to each phase. or there are appropriate financial quarantees to ensure the phased public facilities construction will occur. if necessary: explain the timinq of construction and maintenance. and identify the party responsible for financinq and constructinq and maintaininq each phase. if necessary. Commentary. Compatibility and mitigation criteria are specifically addressed. .um", Received: 00; fA 00 Planner: GK.'.J;-'" "ld. ,,'i':; .~.... -~ ~ .- - '- .::.l~,,~ .~.~:.~ i~~:::JC: ATTACHMENT 1 - 16 . . I. Adiacent use protection. The proposed Preliminary Master Plan contains desian, landscapina/screenina. parkina/traffic manaaement and multi-modal transportation elements that limit and/or mitiaate identified conflicts between the site and adiacent uses. J. Mitiaation of off-site impacts. Potential off-site impacts includina. but not limited to noise. shadina. alare. utility capacity and traffic. have been identified and mitiaated. I 5.13-130 Preliminary Master Plan - Conditions Commentary. This text is similar to text in Section 5.17-125, Site Plan Review Conditions. " The Preliminary Master Plan shall complv the criteria of Section 5.13-125 and "with all applicable provisions of this Code. To mitiaate identified on-site conflicts and impacts. the Approval Authority mav impose conditions. Certain conditions mav reauire an adeauate financial auarantee in a form acceptable to the City to ensure compliance.:, I 5.13-131, Final Master Plan - Review 'I I, Commentary. Currently, there is no formalized "Final" Master Plan process; it's implied by past practice. This Section establishes the "Final" Master Plan review process. ~' . jl " .' 'A Final Master Plan application shall be reviewed under Type I procedure. However. if the Preliminary Master Plan approval was reviewed under Type III procedure. theJ:Director may reauire the Final Master Plan to be reviewed under Type II procedure. ' I 5.13-132 Final Master Plan - Submittal Reauirements , Commentary. Currently there is no time.line for Final Master Plan submittal. The one year time line is the same as the current Partition Plat submittal time line. Additionally, thete is a time . line extension similar to the current Partition Plat submittal process because iof the complexity of most Master Plan applications. The Final Master Plan submittal packet is alsp described. " A. Within one year of Preliminary Master Plan Approval. the applicant shall submit the Final Master Plan. The Final Master Plan shall illustrate the location of proposed buildinas. streets. utilities. parkina and landscape areas. The Final Master Plan shall incorporate all Approval Authority conditions of approval. The Final Master Plan appli~tion shall include: 1. , A narrative that lists the conditions of approval. explains how each condition is met and references the applicable Preliminary Master Plan maps, diaarams or plan sheets that require revision: . II 2. The specific maps. diaarams. plan sheets or other documents have been revised and/or demonstrate conformance with the Preliminary Master F?lan approval: and I , " 3. Any other information that may be reauired by the Director. EXCEPTION: The applicant may reauest an extension of the Final Ma~ter Plan submittal for up to one additional year. The applicant shall submit the reauest for the extension in writina to the Director no later than 30 days prior to the expiration of the Preliminary Master Plan effective date. The applicant shall explain why the reauest is necessary and .!~ . Date Receivec/' Ocr ./;2.' GS Planner: GK . - ATTACHMENT 1 -17 . . demonstrate how the Final Master Plan application will be submitted within the requested extension time line. The Director may Qrant or amend the extension request upon determininQ that the applicant is makinQ prOQress on the Final Master Plan application. Commentary. Requiring the Pre-Submittal Meeting application will allow staff to evaluate the Final Master Plan application for completeness, prior to formal submittal by the applicant. B. A Pre-Submittal MeetinQ application. as specified in Section 5.1-120.C.. is required prior to the formal submittal of the Final MasterPlan application. I 5.13-133 Final Master Plan - Criteria. Recordation and Effective Date Commentary. There are two criteria for Final Master Plan approval. A. Criteria. The Approval Authority shall Qrant Final Master Plan approval upon findinQ that: 1. The Final Master Plan substantially conforms to the provisions of the Preliminary Master Plan approval: and 2. All approval conditions have been met or can be Quaranteed to be met. ;. ;Commentary. Staff is aware of the cost and difficulty of recording the Final Master Plan as the regulations are currently written. The recordation of a Memorandum of Final Master Plan approval will reduce costs to the applicant. . B. Recordation. The applicant shall record a Memorandum of Final Master Plan approval in a format approved by the City Attorney and any other required documents at Lane County Deeds and Records and return a recorded COpy of the Memorandum of Final Master Plan approval all other applicable documents to the Development Services Department. C. Effective Date. 1. Final Master Plan approval is effective on the date of recordation. the effective date. for not more than 7 years. unless modified as specified in Section 5.13-135. Commentary. Currently, there is no language regarding an Rend timeR for Final Master Plan approval. 2. The Final Master Plan remains in effect until the permitted development has been constructed or the plan is modified. superseded or expires. D. Once the Final Master Plan effective date is established. all persons and parties. and their . successors. heirs or assiQns. who have or will have any interest in the real property within the Final Master Plan boundary. shall be bound by the terms and conditions of approval of the Final Master Plan and the provisions of this Section. .1 5.13-134 Final Master Plan - Phasina Implementation Commentary. Subsection A. is from current Section 5.13-140. ')3(81"1eCdlveCl: 0 1/2. o~, . Planner: GK ....~'.;': . '. . ., ~. ~ '.... . i;~.~ ,,~,\\~~'.l,~" oJ"- ,". ':. ATTACHMENT 1 -18 . . A. The Final Master Plan shall be the basis for the evaluation of all phases of proposed development. includina Subdivision or Site Plan Review applications. . f . B. Subdivision and Site Plan Review applications within the Master Plan boundary may be submitted on or after the Final Master Plan effective date. '" " Commentary. A Pre-Submittal Meeting application is currently required for all Subdivision and Site Plan Review applications. This is not another layer of staff review. However, it is necessary to determine Master Plan compliance and which Master Plan conditions of approval apply to a particular development phase. Not all approval conditions may apply to a particular phase. !! C. The Pre-Submittal Meetina application process as soecified in Section 'S.1-120.C. for each Subdivision or Site Plan Review application shall also address the Final Master Plan and all applicable conditions of approval. I 5.13-135 Final Master Plan - Modifications Commentary. This Section specifically states that modifications are made to the "Final" Master Plan. The three current review categories remain. However, Subsection D. is added to list those modifications for which no planning review is required. :: 11 I . ',A proposed Final Master Plan modification shall be processed under the applicable procedures described below: . A. The followina modifications to a Final Master Plan shall be processed under Tvoe I . procedure. These modifications include a reauest: :: I, 1. By the applicant for a chanae of scheduled phasina beyond the approved time limit for the phased development when the proposed chanae does not affect the construction of scheduled public improvements; .. 2. By the City based on the reauirement to implement newly adooted State or Federal reaulations; , 3. By the applicant for.a one time extension of the approved time limit for UP to 3 years. An extension reauest shall be filed in writina with the Director at least 60 days prior to the expiration of the initial 7 year period. If the applicant has made reasonable proaress. as determined by the Director. in the implementation of the Final Master Plan and public services and public facilities remain available to serve the site. the time line extension will be aranted; or " 4. By the applicant for other modifications to the approved Final Master Plan that the Director determines to be similar in scope to the modifications specified in this Subsection and/or those modifications listed in Subsection B. below that are less' than the thresholds specified. I, " II Commentary. This Subsection is based upon current text and adds specifi~ thresholds in certain situations. The level of review is reduced to a Type /I or Type 1/1 procedure to be consistent with the level of review for the Preliminary Master Plan applicatio~. .. -.~,' j~ DateReeeived: I, 09 /.2 os Planner: GK '! ATTACHMENT 1 - 19 . . B. The followina modifications to the Final Master Plan shall be processed under Type II procedure. unless the Director determines that the proposed modification should be reviewed as a Type III procedure due to the complexity of the application or the need for discretionary review. These modifications include a reauest: 1. By the applicant for a chanae of density allocation within the density ranae allowed . in the applicable zonina district: 2. By the applicant or City for a chanae to the size. location or capacity of public . facilities: 3. By the applicant to alter sianificant natural resources. wetlands. riparian area. open space areas. archaeoloaic and historic features beyond the scope of the approved Final Master Plan: 4. By the applicant for 10 percent or areater increases or decreases in the overall commercial. industrial or public floor area or the number of dwellina units: 5. By the applicant for increases or decreases in the amount of approved or reauired pamina by a factor of 10 percent or areater. The applicant shall provide a new pamina analysis related to the proposal; 6. By the applicant for a Zoninq Map amendment or Discretionary Use application (when a buildina or use is proposed) that was not part of the approved Final Master Plan: 7. By the applicant to re-alian or chanae the functional classification of arterial or collector streets: 8. By the applicant for proposals that would increase the number of PM peak-hour . vehicular trips by 10 percent or more. except in cases where a trip cap has been imposed on development of the prooertv. Where such a trip cap is in effect. a modification of the land use decision that imposed the trip cap shall be reauired. In all cases. the applicant shall provide a Traffic Impact Analysis supportina the proposal: 9. By the City or the applicant when essential public infrastructure cannot be provided: 10. By the applicant for extension of the Final Master Plan time limit beyond the maximum approyed time limit of 7 years or the extension permitted in Subsection B.3.. above. In no case shall the extension exceed 15 years from the date of Final . Master Plan approval as specified in Subsection 5.13-'133.C. An extension reauest shall be filed in writina with the Director at least 60 days prior to the expiration of the initial 7 year period or any subseauently approved extensions. The time line extension will be qranted provided the applicant has made reasonable proaress in the implementation ofthe Final Master Plan and public seryices and facilities remain available: 11. By the applicant for a chanae to the approved Final Master Plan boundary; "-G"'ili"",.. OC;: /.1: 0 e'.... '-'anner: GK _ .:...,'1\ ",' ". ':. . ~-+~ ..... - ."~l :~.., ". . ATTACHMENT 1 - 20 . . 12. Bv the applicant for other modifications to the approved Final Master Plan that the Director determines to be similar in scope to the modifications specified in this Subsection. Commentary. A limitation on the number of modifications is proposed. II 13. Upon the submittal of any modification within this cateqorv. if the Director determines that previous modifications and the proposed modification siqnificantlv impact the approved Final Master Plan, the applicant may be required to submit a new Master Plan application. Commentary. Criteria are established for modifications. " C. For all Final Master Plan modification applications submitted in Subsections A and B, above, the applicant shall demonstrate that the proposed modification complies with the followinq: " 1. Anv applicable Preliminary Master Plan criteria of approval specified in Section 5,13-125: and " 2. Arw other applicable standard of this Code that may be required to iustify the proposed modification. . , Commentary. This Subsection adds specific situations where additional P/~nning review of Final Master Plan modifications is not necessary.' D. The followinq modifications to the Final Master Plan do not require subsequent land use review and are allowed upon issuance of a buildinq permit. if required: I' 1. Buildinq interior improvements: " 2. Exterior improvements associated with existina buildinqs that do not involve a chanae in floor area. subject to all applicable base zone development and desian standards and relevant conditions of approval as approved in the Final Master Plan: ' 3. Installation of new mechanical or electrical eauipment. or modification of existinq eauipment. subject to all applicable base zone development arid desian standards and relevant conditions of approval as approved in the Final Master Plan: 4. Routine maintenance of existina buildinas. facilities and landscapina:, and/or 5. Bv the applicant for other modifications to the approved Final Master Plan that the Director determines to be similar in scope to the modifications specified in this Subsection. ATTACHMENT 1 - 21 . . I 5.13-140 Final Master Plan - Assurance to the Applicant and City Disclaimers Commentary. The specific intent of this assurance is to protect the applicant from "new" development standards for the first 7 year time line granted upon Final Master Plan approval and one 3 year extension for a total of 10 years. Final Master Plan time line extensions that are more than 10 years, and up to the 15 year maximum would be under regulations in effect at the time of submittal of this additional time line extension. A. Assurances to the applicant: 1. The applicant is entitled to relv on land use reQulations in effect on the date the Master Plan application was submitted. in accordance with ORS 227.178(3) for the 7 year approval time limit with a sinQle 3 year extension. or as otherwise previouslv approved. EXCEPTION: Anv time line extension proposed for more than a combined total of 10 years shall complv with land use reQulations in effect at the time of the time line extension application submittal specified in Subsection 5.13-135.C.10. 2. The applicant shall have the riQht to proceed with development as 10nQ as it is in substantial compliance with the Final Master Plan and other required approvals and permits. subiect to any modifications as may be approved as specified in Section 5.13-135. Commentary. These Subsections appear in other Sections of the current SOC. B. City Disclaimers: 1. The City shall not be required to approve development of any phase described in the Final Master Plan if the approval violates applicable Federal or State statues or administrative rules. 2. The City shall not be obliQated to provide public improvements affectinQ implementation of the Final Master Plan if public funds are not available. Commentary. Currently, SDC Section 3.4-200 Glenwood Riverfront Plan District utilizes the Master Plan if an applicant desires to modify development standards. The Glenwood Refinement Plan Update Project is now underway and will include a review of the Plan District development standard and the process for modifying those standards. These.standards will remain in effect to be utilized in the Plan' District until such time the Plan District is amended. These standards will be placed in SDC Appendix 3 and will be deleted upon the adoption of any amendment of the Plan District. Appendix 3 Section 5.13-100 Master Plans Subsections: 5.13-105 Purpose 5.13-110 Applicabilitv P':5:13~MI\led:.Re.;jew 0,/ '12 06 . I<mner. . uK.. _ .'""'.'.: ,,,~.t'~., . ,..~ "'- ATTACHMENT 1 - 22 . . 5.13-120 5.13-125 5.13~130 5.13-135 5.13-140 Submittal Reauirements Criteria Conditions Modifications to the Master Plan and Schedule Assurance to the ADDlicant 15.13-105 PurDose A. A Master Plan is a comprehensive plan that allows phasina of a specific development area over several vears for public. commercial. industrial or residential development. A Master Plan. in this context. is specific to this Code and is not considered to be. a refinement plan or any other similar subset of the Metro Plan. By address in a public serVice impacts and development reauirements at the time of approval of Master Plan. these impacts and reauirements need not be readdressed at subseauent phases and the developer may rely on the Master Plan approval in implementina the development. " B. The purpose of a Master Plan is to: 1. Provide preliminary aoproval for the entire development area in relation to land uses. a ranae of minimum to maximum potential intensities and densities. arranaement of uses. and the location of public facilities and transportation systems when a development area is Droposed to be developed in phases: 2. Assure that individual phases of a development wiil be coordinated with each . other. 3. Provide the aDPlicant an assurance of the City's expectation for the overall development as a basis for detailed plannina and investment by the developer. " " C. The Plannina Commission shall approve the Master Plan prior to CitY approval of a related Subdivision or Site Plan application: however. the Master Plan may be reviewed concurrentlv with a Zonina Map amendment. Discretionary Use. Variance and/or any. other application or approval souaht by the applicant related to the Master Plan. D. Subiect to prior aPDroval of a Master Plan. a separate Subdivision or Site Plan application shall be approved for each phase. The Master Plan shall be the basis for the evaluation of all phases of development on any issues that it addresses. Phases may be combined for consideration. E. Approval of a Master Plan is effective for UP to 7 vears: however the approved Master Plan time limit mav be extended pursuant to Section 5.13c135. Modifications to.the Master Plan and Schedule. :: . .',,' ":'.:' .~ .. ~:::: ~ . -w: : :'." Date Received: O'er f/ 08 Planner: GK : . . , Jl;...";"', 't.... ATTACHMENT 1 - 23 . . 15.13-110 Applicabilitv The Master Plan process applies when initiated bv an applicant when the followina criteria are met: A. The development area is under 1 ownership; or B. If the development area has multiple owners. then all owners of record have consented . in writina to the Master Plan review process: and C. The development area is 5 acres or areater. D. Notwithstandina the foreaoina. the Director may determine that the proposed development is inappropriate as a Master Plan and the application will not be accepted. 15.13-115. Review A. Master Plans are reviewed under Tvpe III procedure. unless the Director determines that the application should be reviewed as a Tvpe IV decision bv the City Council due to the complexity of the application. B. A Pre-Application Report application as specified in Section 5.1-100 is reauired prior to . submittal of a Master Plan application. 15.13-120 Submittal Reauirements A Master Plan shall contain all of the elements prepared in a clear and leaible manner necessary to demonstrate that the provisions of this Code are beina fulfilled and shall include but not be limited to the followina; A. The existina Metro Plan desianation and zone classification. B. A vicinity map drawn to scale on a street base map. C. A leaal description of the property toaether with a map drawn to scale depictina theleaal boundaries of the subiect property. D. A topoaraphv map and narrative depictina present uses of the land. existina structures. streets. sianificant veaetation. wetlands. drainaae ways and other relevant natural and man-made features. E. A site plan showina location and type of all land uses proposed. approximate acreaae and approximate number of units or sauare footaaeof uses. adiacent property uses and relevant features. F. The density or intensity of proposed uses. -. I" " "ft..l "..1. . ~ .'- . ",ae R~C~i'~ectS~):2: 'o6'r:f:" . ~Planner: GK ATTACHMENT 1 - 24 . . G. The maximum heiaht and size of proposed structures. H. A public facilities plan showina existina and proposed streets. utilities. sanitary sewer. natural and piped storm drainaae system. water service. bike and pedestrian ways and transit locations. I. Maps and narrative showina off-site public improvements necessary to serve the proposed development and/or to mitiaate impacts to adiacent property or public facilities. J. The Director mav reauire additional information necessary to evaluate the proposed development. includina. but not limited to: an ESEE analvsis.aeoloay. soils. stormwater. sanitary. tree preservation. historical. archaeoloaical. and traffic impact. All related maps. excludina vicinity and detail maps. shall be at the same scale. K. Provisions. if any. for reservation. dedication. or use of land for public purposes. inciudina. but not limited to: riahts-of-way. easements. parks. open sPaces. and school sites. L. . An overall schedule ordescription of phasina: and the development to occur in each .phase. If phasina alternatives are contemplated. these alternatives shall be described. M. Where off-site or other infrastructure improvements are reauired. the applicant shall specify the timina and method of securina the improvement. includina bond. letter of credit. ioint deposit or other security satisfactory for said improvement construction. N. Desianation of resoonsibility for providina infrastructure and services. O. A aeneral schedule of annexation consistent with the phasina plan. if applicable. 1.5.13-125 Criteria A Master Plan may be aoproved if the Plannina Commission finds that the proposal conforms with all of the followina approval criteria. In the event of a conflict with approval criteria in this Subsection. the more specific reauirements apply: A. The zonina of the property shall be consistent with the Metro Plan diaaram and/or applicable Refinement Plan diaaram. Plan District map. and Conceptual Development Plan: B. The reauest. as conditioned. shall conform to applicable Sprinafield Development Code reauirements. Metro Plan policies. Refinement Plan. Plan District. and Conceptual . Development Plan policies: C. Proposed on-site and off-site improvements. both public and private, are sufficient to accommodate the proposed phased development and anv capacity reauirements of . . Date Received: -oq)jZo:e. Planner: GK ' . . ATTACHMENT 1 - 25 . . public facilities plans: and provisions are made to assure construction of off-site improvements in conjunction with a schedule of the phasina: D. The reauest shall provide adeauate auidance forthe desian and coordination of future phases: E. Phvsical features. includina. but not limited to: steep slopes with unstable soil.or aeoloaic conditions: areas with susceptibility of f1oodina: sianificant clusters of trees and shrubs: watercourses shown on the WQLW Map and their associated nparian areas: other riparian areas and wetlands specified in Section 4.3-117: rock outcroppinas: open spaces: and areas of historic and/or archaeoloaical sianificance. as may be specified in Section 3.3-900 or ORS 97.740-760. 358.905-955 and 390.235-240. shall be protected as specified in this Code or in State or Federal law: F. Local public facilities plans and local street plans shall not be adversely impacted by the proposed development. 15.13-130 Conditions >The Approval Authority may attach reasonably necessary conditions to minimize neaative impacts as specified in this Code to ensure that the proposed development can fully meet the criteria of Section 5.13-125. and may reauire auarantees to ensure 'compliance. Additionally. the approval may contain any conditions necessary to implement the provisions of Section 5.13-120 includinaa schedule of fees and charaes. a schedule of compliance review and the extent to which the Master Plan is assi!:mable. 15.13-135 Modifications to the Master Plan and Schedule Applications for phase modification approval which are in substantial conformity with an approved Master Plan shall not be deemed a modification of the plan. Modifications to the Master Plan shall be processed under the applicable procedures described below to amend the Plan: A. Modifications that do not affect the basic underlyina assumptions of the adopted Master Plan and which are not determined to be similar to Subsection B. or C.. below shall be processed as a ministerial decision by the Director. B. Modifications that are sianificant. but do not affect the basic underlyina assumptions of the approved Master Plan. shall be processed under Type II procedure. These modifications include a reauest: 1. By the applicant for a chanae of density allocation with in the density ranae allowed in the applicable zonina district: ~."' f !Jare Received: Planner: .GK . . . . '.' ocr I;. 0 s ....., " ;'".;..'..: .:':~ I." .... . - . .',"-, .' .. .." i'~' .', 1<' ATTACHMENT 1 - 26 . . 2. By the applicant for a chanae to the aliQnment of riaht-of-way reauirements of local streets: 3. By the applicant or City for a chanae to the sizes or location of public facilities: 4. By the applicant for a chanae of scheduled phasina bevond the approved time limit for the phased development when the proposed chanae affects the construction of scheduled public improvements: 5. By the City based on the reauirement to implement newly adopted State or Federal reaulations: 6. By the applicant for a 1-time extension of the approved time limit for UP to 3 Years. The time line extension will be aranted provided the applicant has made reasonable proaress in the implementation of the Master Plan and public services and facilities remain available: 7. By the applicant to alter sianificant natural resources. wetlands. open space areas. archaeoloaic and historic features beyond the scope of the approved Master Plan: or 8. Bv the applicant for other modifications to the approved Master Plan that the Director determines to be similar to the modifications specified in this Subsection. C. Modifications which affect the underlyina basic assumptions of the approved Master Plan or that prohibit. restrict or sianificantly affect its implementation shall be processed under the Tvpe III procedure. and include: 1. A Zonina Map amendment or Discretionarv Use application initiated bv the applicant: 2. A request for the re-alianment or re-desianation of arterial or collector streets initiated bv the applicant: 3. The inability of the City or the applicant to provide essential public infrastructure: 4. A reauest bv the City based on the requirement to implement newlvadopted State or Federal reaulations: 5. A reauest by the applicant for extension. of the time limit of the Master Plan beyond the approved time limit specified in Subsection B.6.. above or the extension permitted in Section 5.13-135. but in no case shall the extension exceed 15 years from the oriainal Master Plan approval date: or Date Received; CA (2 S? Planner; GK ~r. ,~'.' .r' ATTACHME.NT 1 -27 . . 6. Other chanaes to the final approved Master Plan as reauested bv the applicant that the Director determines to be similar to the modifications specified in this Subsection. 15.13-140 Assurance to the ADDlicant A. Approval of the Master Plan shall assure the applicant the riaht to proceed with the development in substantial conformity with the Master Plan. subiect to anv modifications as mav be approved as specified in Section 5.13-135. Chanaes to Ordinances. policies and standards adopted after the date of approval of the Master Plan shall not applv to the development. B. Phase approvals shall occur throuah the land division review process. as specified in Section 5.12-100. or the Site Plan review process. as specified in Section 5.17-100. as applicable. C. The Master Plan shall be the basis for the evaluation of all phases of development on anv issues which it addresses. Approval of development phases will be aranted subiect to the terms and conditions of the Master Plan. but subiect to the applicable Development Code provisions and City Ordinances on issues which the Master Plan does not address. D. Notwithstandina the precedina provision. the City shall not be obliaated to provide public improvements affectina implementation of the Master Plan if public funds are not available. E. The Citvshall not be reauired to approve development of anv phase described in the Master Plan if the approval violates applicable Federal or State statues or administrative rules. F. The approved Master Plan shall be recorded at Lane County Deeds and Records and the oriainal returned to the City. Date R~ceived:Ml"I'l "0 <2:. ," :. '. Planner: GK ' '. . l ,.... ATTACHMENT 1 - 28 . . ATTACHMENT 2 SDC SECTION 3.3-200 DRINKING WATER PROTECTION OVERLAY DISTRICT Commentary. The amendment to the Drinking Water Overlay District is primarily necessitated by the recently adopted Springfield Fire Code which supersedes the current Uniform Fire Code. This requires amending the appropriate Fire Code references specified in this Section. In addition to the specific Fire Code references, there are several instances where text is added from the current Uniform Fire Code because the Springfield Fire Code does not have any requirements equivalent to the inspection and record-keeping requirements (see Sections 3.3-235A. 7., B.7., and C.5.). This is necessary in order to preserve the existing inspection and record-keeping requirement for drinking water protection. The inserted text does not represent a policy change since these requirements in the Uniform Fire Code have been and continue to be the standard used for drinking water protection. Also, the phrase "hazardous materials that pose a risk to groundwater" is changed to "hazardous or other materials that pose a risk to groundwater." (See Sections 3.3-205 through 3.3-225 and 3.3-235) because while the SDC defines hazardous materials according to Fire Code definitions, some materials that pose a risk to groundwater (e.g., certain pharmaceuticals, fertilizers) may not currently be regulated by this Section. This amendment is considered to be a clarification of current practice. Section 3.3-200 Drinking Water Protection Overlay District 13.3-205 Purpose A. The Drinking Water Protection (DWP) Overlay District is established to protect aquifers used as potable water supply sources by the City from contamination. This Section establishes procedures and standards for the physical use of hazardous or other materials harmful to groundwater within TOTZ by new and existing land uses requiring development approval. The provisions of this Section are designed to: ,1. Protect the City's drinking water supply which is obtained from groundwater resources from impacts by facilities that store, handle, treat, use, produce, or otherwise have on premises substances that pose a . hazard to groundwater quality; and 2. Provide standards for haZardous or other materials that pose a risk to groundwater within the TOTZ. B. In order to accomplish this purpose, the DWP Overlay District includes methods' and provisions to: 1.' Restrict or prohibit the use of hazardous or other materials which are potential groundwater contaminants; 2. Set standards for the storage, use, handling, treatment, and production of hazardous or other materials that pose a risk to groundwater within TOTZ; and Date Received: OC; /2 06 ___ ___~Ianner:. G.~: 'l ;}!~. t ATTACHMENT 2 - 1 . . 3. Review new or expanded uses of hazardous or other materials that pose , a risk to groundwater. ' I 3.3-210 Applicability , As of May 15, 2000, all areas within specified wellhead TOTZ automatically are rezoned to add the DWP Overlay District to the underlying zoning district. The areas to which the OW? Overlay District is applied are shown on the Drinking Water Protection Area Maps on file in the Development Services Department and incorporated in this Section by reference. I 3.3-215 Warning and Waiver of Liability The degree of aquifer protection required by this Section in the areas designated in Section 3.3- 220 is based on scientific and engineering considerations. The nature of these considerations is that the exact boundaries of Time of Travel Zones (TOTZ) have an associated uncertainty that renders conclusions based on them to be estimates. Under no conditions should this Section be construed to guarantee the purity of the ambient ground water or guarantee the prevention of ground water contamination. Therefore, this Section shall not create liability on the part of th.e City, or any City personnel, for any contamination that may result from reliance on this Section . or any administrative decision made under this Section. 13.3-220 Time of Travel Zones A. The OW? Overlay District includes 4 TOTZ: 0-1 year; 1-5 years; 5-10 years; and 10-20 years. The locations of the TOTZ for each wellhead are shown on Drinking Water Protection Area Maps on file with the City's Development Services, Public Works, and Fire and Life Safety Departments; and Springfield Utility Board (SUB) and Rainbow Water District (RWD). B. The areas within specified wellhead TOTZ are those drinking water protection areas certified by the Oregon Health Division, under the Oregon Administrative Rules that apply to Oregon's EPA-approved Drinking Water Protection Program, in Oregon Health Division Delineation Certification #O002R, March 18, 1999., C. In determining the location of a p'roperty within a TOTZ, the following criteria apply: 1. The Lane County Department of Assessment and Taxation maps shall be used as a base map with the addition of TOTZ boundaries. 2. That portion of a tax lot that lies within a TOTZ is governed by the restrictions applicable to that TOTZ. ' 3. Tax lots having parts lying within more than one TOTZ are governed by the standards of the more restrictive TOTZ. EXCEPTION: The Director may waive the requirement that the more , restrictive standards apply when all of the following apply: _ "".: ,(~..'i~. ~,:~.(,..;.l~':::. ~ . Jdte Receivel:f:~ CJtq'I;J. 001 Planner:'GK',' , ATTACHMENT 2 - 2 . . a. Storage, use, handling, treatment, and/or production of hazardous or other materials that pose a risk to groundwater will not take place within the portion of the tax lot having the more restrictive TOTZ standards; and b. Storage, use, handling, treatment, and/or production of hazardous or other materials that pose a risk to groundwater will not take place within 50 feet of the portion of the tax lot having more restrictive TOTZ standards; and c. The tax lot is 20,000 square feet or larger. 4. A property owner may request the TOTZ be modified by submitting a Zone Change application to the City. Any request for modification of the TOTZ shall be accompanied by certification of the TOTZ as proposed to be modified by the Oregon Health Division, under the Administrative Rules that apply to Oregon's EPA-approved Drinking Water Protection Program. I 3.3-225 Review A. A DWP Overlay District Development Application is required when the criteria of both Subsections A.1. and 2., below are met: . 1. A site is affected by one of the following: a. There is a change of land use, occupancy or tenancy of a property, including, but not limited to: a change from vacant to occupied; or b. During the Building Permit process; or c. In conjunction with any development application, including, but not limited to: Site Plan review and Minimum Development Standards. 2. The action in Subsection A.1., above will: a. Affect the storage, use, and/or production of hazardous or other materials that pose a risk to groundwater; or b. Increase the quantity of hazardous or other materials that pose a risk to groundwater that are stored, used and/or produced. B. Prior to the submittal of a DWP Overlay District Development Application, an exemption request may be submitted to the Director as specified in Section 3.3- 230B.1. c. DWP Overlay District applications shall be reviewed under Type I procedures. D. Prior to undertaking an activity covered"by Section 3.3-225 A., the owner or tenant shall submit a DWP Overlay District Application to the City for review and approval. Applications shall include the following inf~tlY<Received; 09 0.. De '. . .Ianner:GK ATTACHMENT 2 - 3 . . 1. A HaZardous Material Inventory Statement and a Material Safety Data Sheet for any or all materials entered in the Statement unless exempted under Section 3.3-230. Hazardous material weights shall be converted to volume measurement for purposes of determining amounts - 10 pounds shall be considered equal to one gallon as specified in [URifer:m fir-e Cede 8091.15.1] Sorinafield Fire Code 2703.1.2.; 2. A list of the chemicals to be monitored through the analysis of groundwater samples and a monitoring schedule if ground water monitoring is anticipated to be required; 3. A detailed description of the activities conducted at the facility that involve the storage, handling, treatment, use or production of hazardous materials in quantities greater than the maximum allowable amounts as stated in Section 3.3-235 A.; 4. . A description of the primary and any secondary containment devices proposed, and, if applicable, clearly identified as to whether the devices will drain to the storm or s~nitary sewer; 5. A proposed Hazardous Material Management Plan for the facility that indicates procedures to be followed to prevent, control, collect and dispose of any unauthorized release of a hazardous material; 6. A description of the procedures for inspection and maintenance of containment devices and emergency equipment; 7. A description of the plan for disposition of unused hazardous materials or hazardous material waste products over the maximum allowable amounts including the.type of transportation, and proposed routes. E. For those development proposals requiring Site Plan Review (Section 5.17-100) or Minimum Development Standards review (Section 5.15-100), applications may . be submitted concurrently. F. The Director shall review the application and make a decision based on the standards contained in Section 3.3-235, after consulting with the Building Official, Fire Marshall, Public Works Director, and the managers of SUB and RWD, as appropriate. I 3.3-230 Exemptions This Section does not exempt any material or use from Fire Code regulations adopted by the City. A. Exemptions' are as specified in this Section unless the Director, in consultation with SUB and Fire/Life Safety, determines that a hazardous material, activity, and/or facility th!lt is exempt pursuant to this Section has a significant or substantial potential to degrade groundwater quality. Then the Director may . l' \,~~quirecompliance with the requirements of this Section related to that .. - -' 'i:.l;jtG'RElceived:', 0/<:/,<'1] 0:[" Planner: GK . .' ',,' ' ATTACHMENT 2 - 4 . . . hazardous material, activity or facility. This determination will be based upon site and/or chemical-specific data and are eligible for appeal to the Hearings Official as specified in Section 3.3-245. B. Unless otherwise provided herein, the following materials are exempt from regulation hereunder. 1. Use, storage and handling of specific hazardous materials that do not present a risk to the aquifer, as determined and listed by the Director in consultation with SUB, are exempt from all regulation under this Section with the exception of the potential requirement to list these hazardous materials on the Hazardous Material Inventory Statement as found in the most recent Fire Code regulations adopted by the City. A Hazardous Materials Exemption Request may be submitted to the Director for Hazardous Materials that can be demonstrated to pose no threat to the aquifer. These materials may be exempted from regulation and added to the list. The demonstration of no threat is the responsibility of the applicant seeking the exemption and will be subject to review by technical experts. . 2. Hazardous materials offered for sale in their original sealed containers of 5 gallons or less are exempt from the 500 gallon storage limit specified in Section 3.3-235A.1. 3; Hazardous materials in fuel tanks and fluid reservoirs attached to a private or commercial motor vehicle and used directly in the motoring operation of that vehicle, or machinery, including, but not limited to: fuel, engine oil and coolant. 4. Fuel oil used in existing heating systems. 5. Emergency use, storage, and handling of hazardous materials by govemmental organizations in the public interest. 6. Hazardous materials used and stored specifically for water treatment processes of public water systems and private systems for the same purposes when approved by the Director. .7. Hazardous materials contained in properly operating sealed units (including, but not limited to: transformers, refrigeration units) that are not opened as part of routine use. 8. Local natural gas distribution lines. 9. Fuel for emergency generators located at facilities that provide essential community services (including, but not limited to: hospitals, firellife safety, police, public shelters, and telephone systems). . 10. Any commonly used office supply - including, but not limited to: correcting fluid for typewriters, toner for computer printers or cleaners for , ." . Date Re~ived: .""OCr <),"06 - Planner: GK ATTACHMENT 2 - 5 . . windows and bathrooms - where the supplies are purchased off-site for use on-site. . 11. Aggregate quantities equal to or less than 20 gallons of hazardous materials that do not contain DNAPLs. I 3.3-235 Standards for Hazardous Materials within Time of Travel Zones Applications shall comply with the following standards. Where the following standards are more restrictive than the standards of the [URifGrm] SorinQfield Fire Code, the following standards apply: A. 0 -1 year TOTZ Standards. 1. Within the 0-1 year TOTZ, hazardous materials that pose a risk to groundwater may be stored in aggregate quantities of no more than 500 gallons if in original containers not exceeding 5 gallons. in size. Within that aggregated 500-gallon inventory, no more than 150 gallons of hazardous materials that pose a risk to groundwater may be on the premises in opened containers for handling, treatment, use production, or dispensing on site. Hazardous materials that pose a risk to groundwater are allowed only upon compliance with containment and safety standards specified by the most recent Fire Code adopted by the City. . A waiver of the 5-gallon maximum size may be given by the Director if . the applicant can demonstrate that a larger size container would pose . less risk to the aquifer. 2. Unless exempted, all hazardous or other materials that pose a risk to groundwater shall be stored in areas with approved secondary containment in place [(URifGFm Fire Cade .^.Ftisles 2 aRe! 8993.1.3.3] SorinQfield Fire Code 2702.1 and 2704.2.2). 3. All new uses of Dense Non-Aqueous Phase Liquids (DNAPLs) are prohibited. . 4. Any change in type of use or an increase in maximum daily inventory quantity of any DNAPL shall be considered a new use and prohibited. 5. The following certain types of new facilities or changes in use and/or storage of hazardous or other materials that pose a risk to groundwater are prohibited: a. Underground hazardous material storage facilities; b. Hazardous material product pipelines used to transport the hazardous material off of the tax lot where it is produced or used; c. Injection wells ~ .' (:late Received:-.O 0; (2 .OS,' :EXCEPTION: Dry wells for roof drainage; Planner: GK . _ :~.:...:.,;.t;.. :., .:.... ... ,-..\. . ATTACHMENT 2 - 6 . . d. Solid waste landfills and transfer stations; e. Fill materials containing hazardous materials; f. Land uses and new facilities that will use, store, treat, handle, and/or produce DNAPLs. . 6. Requirements found in [(Uniform Fire Cose .I\ppeRsix II E 3.2.6] Sprinafield Fire Code 2704.2.2.5) for a monitoring program and [iR 8003.1.3.3 fer] monitoring methods to detect hazardous materials in the secondary containment system shall be met for all amounts of hazardous or other materials that pose a risk to groundwater unless exempted. 7. The followina requirements [founs in Unifer:m Fire Cose Appeneix II E Sestien 3.2.7] for inspection and record keeping procedures for monthly in-house inspection and maintenance of containment and emergency equipment for all amounts of hazardous or other materials that pose a risk to groundwater shall be met unless exempted: Schedules and procedures for inspectina safety and monitorinQ and emeraencv eauipment. The applicant shall develop and follow a written inspection procedure acceptable to the Director for inspectina the facility for events or practices which could lead to unauthorized discharaes or hazardous materials. An inspection check sheet shall be developed to be used in conjunction with routine inspections. The check sheet shall provide for the date. time. and location of inspection; note problems and dates and times of corrective actions taken: and include the name of the inspector and the countersianature of the desianated safety manaaer for the facilitv. 8. Application of fertilizers containing nitrates are restricted to no more than the amount recommended by the Lane County, Oregon State University Extension, Service for turf grass and are prohibited within 100 feet of a , wellhead. In no event shall a single application exceed one half pound per 1,000 square feet of area per single application or a total yearly application of 5 pounds nitrogen fertilizer per 1,000 square feet. B. 1-5 year TOTZ Standards. 1. The storage, handling, treatment, use, application, or production or otherwise keeping on premises of more than 20 gallons of hazardous materials that pose a risk to groundwater in aggregate quantities not containing DNAPLs are allowed only upon compliance with containment and safety standards specified by the most recent Fire Code adopted by the City. 2. Unless exempted, all hazardous or other materials that pose a risk to groundwater shall be stored in areas with approved secondary containment in place [(UnifeFFR Fir-e Coee Ar:lisles 2 3F1S 8093.1.3.3 Sprinafield Fire Code 2702.1 and 2704.2.21, 3. All new use of DNAPLs are prohibited. Date Received: 0''1. /2 06 Planner: GK -' '. :., ATTACHMENT 2 - 7 . . 4. . Any change in the type of use or an increase in maximum daily inventory quantity of any DNAPL is considered a new use and is prohibited. 5. The following certain types of facilities or changes in chemical use and/or storage of hazardous or other materials that pOse a risk to groundwater are prohibited: a. Hazardous material product pipelines used to transport the hazardous material off of the tax lot where it is produced or used; b. Injection wells. EXCEPTION: Dry wells for roof drainage; c.Solid waste landfills and transfer stations; d. Fill materials containing hazardous materials; e. Land uses and new facilities that will use, store, treat handle, and/or produce DNAPLs. 6. Requirements found in [UnifaFFA Fire Ceee Appeneix II EO J.2.6 far a meRiteriR!j pregFam aREI iR !!QQJ.1.J.J fer] SprinQfield Fire Code 2704.2.2.5 for a monitorinQ prOQram and monitoring methods to detect hazardous or other materials in the secondary containment system shall be met for all amounts of hazardous materials that pose a risk to groundwater unless exempted. 7. The followinQ requirements [feblRe iR IJRiferm Fire Cees AJ;lpeReix II E Sestien J.2.7] for inspection and record keeping procedures for monthly in-house inspection and maintenance of containment and emergency equipment for all amounts of hazardous or other materials that pose a risk to groundwater shall be met unless exempted: Schedules and procedures for inspectinQ safety and monitorinQ and emerQency equipment. The applicant shall develop and follow a written inspection procedure acceptable to the Director for inspectinQ the facilitv for events or practices which could lead to unauthorized discharoes or hazardous materials. An inspection check sheet shall be developed to be used in coni unction with routine inspections. The check sheet shall provide for the date. time. and location of inspection: note problems and dates and times of corrective . actions taken: and include the name of the inspector and the countersiQnature of the desiQnated safety manaQer for the facilitv. C. 5-10 year TOTZ Standards. 1. The storage, handling, treatment,use, production or otherwise keeping on premises of more than 20 gallons of hazardous materials that pose a risk to groundwater in aggregate quantities not containing DNAPLs is allowed upon compliance with containment and safety standards . .... . specified by the most recent Fire Code adopted by the City . D~te Re~eiVed:' '0. 'j /26'0 . , ....t.;. Planner: GK ATTACHMENT 2 - 8 . . 2. All hazardous or other materials that pose a risk to groundwater shall be stored in areas with approved secondary containment in place ([UnifGmI Fire Cede .^.r:ticleB 2 and 8003.1.3.3] Sprinafield Fire Code 2702.1 and 2704.2.2): 3. All new use of DNAPLs are prohibited, 4. Any change in type of use or an increase in the maximum daily inventory quantity of any DNAPL is considered a new use and is prohibited. 5. The followina requirements [found in UnifeFFR Fir-e Cede Appendix II E Section 3.2.7] for inspection and record keeping procedures for monthly in-house inspection and maintenance of containment and emergency "equipment for all amounts of hazardous or other materials that pose a risk to groundwater shall be met unless exempted: Schedules and procedures for inspectina safety and monitorina and emeraencv eauipment. The applicant shall develop and follow a written inspection procedure acceptable to the Director for inspectina the facilitv for events or practices which could lead to unauthorized discharoes or hazardous materials. An inspection check sheet shall be developed to be used in coniunction with " routine inspections. The check sheet shall provide for the date. time. and location of inspection: note problems and dates and times of corrective actions taken; and include the name of the inspector and the countersianature of the desianated safety manaaer for the facilitv. D. 10-20 year TOTZ Standards. The storage, handling, treatment, use, production or keeping on premises of more than 20 gallons of hazardous materials that pose a risk to groundwater in aggregate quantities is allowed only upon compliance with containment and safety standards specified by the most recent Fire Code adopted by the City. I 3.3-240 Conditions The Director may attach conditions of approval that will minimize negative impacts of regulated substances on groundwater and ensure that the facility or the proposed development can fully meet the standards specified in Section 3.3-235. These conditions may include, but are not limited to: on-site monitoring wells, Wellhead Protection Area signs, special storm water facilities or other conditions to address specific risks associated with the proposed development. I 3.3-245 Appeals The only portions of this Section that are subject to appeal are Section 3.3-225F., the Director's decision on a DWP application, Section 3.3-230, Exemptions, and Section 3.3-235A.1., Waiver. The appeal of a decision of the Director may be appealed as specified in Section 5.3-115. Date Received: ocr /2 . OS" PI~~ner: ~K ATTACHMENT 2 - 9 . . ..' 'I f ,'j!,,',}'. '~., . ; .is' '[~!:/:1~~1f .:~ '. ,: . . ATTACHMENT 3 VARIOUS SECTIONS - SCRIVENER'S ERRORS OVERVIEW 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 formerly45 "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 I. eviseClllext'lis 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. "S" = SPECIAL DEVELOPMENT STANDARDS subject to speciaIfocationaf andiorsiting 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 Date Received: 0'9 /.2, q:; Planner; GK ATTACHMENT 3 - 1 . Oate Reqe.ived.: Planner: GK : ','.t'f:-" ATTACHMENT 3 - 2 . 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' ~ ~ P P P P' P' . P' O' P' P' .S' S' S' P' P' P' S' P' P' N P' P' . . 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 SOC' 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 Franta e East-West Streets North-South Streets .rwme'ij1!6tslJ{ar;;i1S~ Minimum Area: East-West Streets North-South Streets ~~l"f/ific"ille'tJ;;rs!E?arififS'{. 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 45 feet 60 feet ~ 6,000 s uare feet 45 feet 60 feet 60 feet 60 feet ee'iSection;B!2,,"220;lA:dilitipna1;ea1iIlaiiClfilEotl/?i'iI:efJb.eYi!lomenflSiinctaros 4,500 square feet 4,500 square feet 4,500 square feet Minimum Street Franta e Multi Ie Panhandles: Minimum Area in Pan Portion 20 feet 20 feet 20 feet 4,500 square feet 4,500 square feet 4,500 square feet 10,000 s uare feet 60 feet 10,000 s uare feet 60 feet . 10,000 s uare feet 60 feet 10,000 s uare feet 10,000s uarefeeL.. .. 10,000s uarefeet Date Received: P/annElr: GK ~.;'.:.; ~.. ,j, . , 09' Q 0'6 ATTACHMENT 3 - 3 . . 90 feet 90 feet 90 feet 20,000 s uare feet 150 feet 20,000 s uare feet . 150 feet 20,000 s uare feet 150 feet 40,000s uare feet Panhandle and Duplex Lots/Parcels ' u~'. 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 structure 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 ttie face of the structure. 3 feet when the ara e or ca ort fronts an aile . Accessory structures 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 IoU arcellines. All setbacks for panhandle lots/parcels are based on the orientation of the front and rear of the dwelling occupying the IoU parcel. All setbacks for duplexes on comer lots/parcels are based upon the front yard of each unit established by the street or streets for address u oses. Section 3.2-225. 3D feet 10 feet 10 feet 10 feet 5 feet JMiiit 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) $j:aD(ftSa'arafee~.ln,-f'i!alfOiOoe!autirexfinnth~t!IilR~isma This standard prohibits the division of the 10Uparcel to create separate ownership for each duplex dwelling unit . (2) 10,000 square feet in area in the LDR District as specified in this Section and Section 4.7-140. This standa allo~ for the future the division of the 10Uparcelto cre~te separate ownership for each half of the duplex ~.J\II~ . (3) I, e' . i e~cen fCOvere e ell's . .ct~eSj.on .. On lots/parcels With more than 15 percent slope , the maximum impervious surface inclusive of structures, patios, and driveways, shall not exceed 35 percent, unless specified in Section 3.3-, 500. (4) Determination of all yard setbacks for duplexes on comer lots/parcels are based upon the front yard of each unit as established by the streets used for address purposes.. 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 ya~d and rear yard setback standards of the primary structure. (b) Group C Accessory structures are permitted within setbacks as specified in Section 4.7-105E. (7) Where an easement is larger than the required setback standard, no building or above grade structure, except a fence, may be built upon or over that easement Date Received: 0"( /;). 0 0 . . Planner: GK.", 35 feet 35 feet (5) (6) . '.;.: -..:' ~ : "'. l'! ',' .") ATTACHMENT 3 - 4 . . (8) When additional right-of-way is required, whether by City Engineering standards, the Metro Plan (including the TransPlan), or the City's Conceptual Street Plan, setbacks are based on 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 feel (10) General Exceptions to Setback standards: (a) Alt!ched dwellings (zero lot line) on individual lots/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 hei ht does not exceed 45 feet and the base residential solar standards are met 'In' !!>EMDI netS, Ell' uilOin Ell ,ma -' 'e,increase ',5,jeetia iSeClfie 0]:311:' 'I 3.2-235 Residential Manufactured Dwellings I Commentary. The text added was inadvertently deleted during the SDC Reformat Project. The siting of manufactured dwellings in Low and Medium 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). I 3.2-440 CI District - Conceptual Development Plans and Master Plans 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 ~1@!rmnhmavJD'~l1f)1nittei'l when phased developments exceeding . l~J~ 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 Site Plan for the entire CI District, the Master Plan or Site Plan may supplant and take precedence over an approved Conceptual Development Plan. Master Plan approval for a CI District site shall be as specified in Section 5.13-100. ' '. Commentary. SDC Section 3.2-310 (under recreational facilities) lists non-alcoholic nightclubs as a special use; Section 4. 7-205 limits where this use may be located. Section 3.2-610 (under recreational facilities) lists this use and should have the same reference. ' Date Received:" 0912 OB . .Planner: 'GK..', . , I -. ATTACHMENT 3 - 5 . . I 3.2-610 Schedule of Use Categories 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 5.11-1 bOo "P" = PERMITTED USE subject to the standards of this Code. "5" = SPECIAL DESIGN STANDARDS subject to speciallocational and siting standards to be met prior to being deemed a permitted use (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 SHALL BE REQUIRED for all development proposals within all mixed use districts unless exempted elsewhere in this Code. . .Only in Downtown Mixed-use area P P P P P P ners p P P P N . P P N P P P P P P N P N P s and loans P P P P P P ATTACHMENT 3 - 6 . . Blue printinll, Photostattinll, and photo developinCl P P N Business schools P N N Business, labor, scientific and professional organizations P P P and headQuarters Caterinll services P P N Clinics and research/processing laboratories P P P Collection agencies P N P Commodity contract brokers and dealers P P P Computer and information services P P P Dentists P P P Detective and protective aClencies P N P Doctors P P P Drafting, graphic and copy services P P P Employment agencies and services P P P EnClineers and surveyors P P P Financial planninll, investment services P P P Graphic art services P P P Gymnastics instruction P P N House cleaning services P N N Insurance carriers, aClents, brokers and services P P P Interior decorator and designers P N P Laundry, dry cleaners, including self-service, and ironing P P N services Loan companies, other than banks P P P Locksmiths P P P Lumber brokers P P P Mailing services/mail order sales P P P Manallement and planninll consultants P P P Manufactured unit as a temporary construction office, PIS PIS N night watch person's quarters or general office (Sections 4.8-110,4.7-185, and 4.7-170) Motion picture studio/distribution P P N Non-profit orClanizations P N P Opticians P P P PerforminCl arts instruction P N P PhotocopvinCl P P P Photography studios P P P Planners, land use P P P Printing/publishing P P N Psycholollists and counselors P P P Real estate sales and management P N P Scientific and educational research , P P P Security systems services P p N Self-defense studio P P N Shoe repair P p P Stenoqraphers and secretarial services P P P Stockbrokers P P P . ~ -. .-"- "Date Receive~;,'Q9 6 Planner: GK og ATTACHMENT 3 - 7 . . N N D D N N s p N ...." ATTACHMENT 3 - 8 . . N P N N P N N P N N P N N P N N P N N P N N P N N P N N P N N P N N P N N P N N P N N P N N P N N P N N P N N P N N P N N P N N P N N p N N p N N P N . Date Received:. ,0'7 /2 0>3 '----Plann'er: GI(' ATTACHMENT 3 - 9 . . N P N N P N N P N N P N P P P P P N P P P .. slot car track P N P P N N P P N PS P N P P N P P .p P P P P P P P P N P P N N P N ,. P P P P P N P P .0 P N 0 0 N 0 P N P P N N P P' N P N 0 N 0 0 a0 ATTACHMENT 3 - 10 . . :ifEra"Crn'i;$lti Bakeries p P P Bicycles . P N P Books P N P Cameras and photooraphic supplies P N P Candies, nuts and confectioneries P N P China, glassware and metalware P N P Ciaars and cigarettes P N N Computers, calculators and other office machines P P N Convenience stores P P P Dairv products P .p P Department stores P N N Drapery, curtains and upholsterv P N P Drv Goods and general merchandise P N P Electrical supplies P N N Fabrics and accessories P N P Film drop off and pick UP (not a drive-throullhl P N P Fish P N N Floor coverin~s P N P Florists P N P . Fruits and velletables P N P Furniture P N N Furriers P N N Groceries P N P Hardware P N N Hobbv supplies P N N Household appliances P N N Jewelrv . P N N liquor outlets (State 1 P N N Luooalle and leather P N N Maaazines and newspapers P N N Mail order houses P N N Meats P N N Medical and dental supplies P N N Musical instruments and supplies P N N Novelties. and aifts P N N Office equipment . P P N Paint, lllass and wallpaper P N N Pharmacies P P P PotterY P N N Radios, televisions and stereos P N N Second hand and pawn shops P . N N Sewino machines P N N Shoes P N P Small electrical appliances P N N Sporting lloods P N P StationarY P P P Supermarkets P N N ... Date Receive(f;."091;2 OS Planner: GK . . ATTACHMENT 3 - 11 . . N N N N N p p p P N N N N N N N p N N N N N N N p p N N P p N P p p p p p N P N N p ATTACHMENT 3 - 12 . . e O_i Developed recreation area (serving the development area Heli orts and helisto s Financial institutions Manufactured home used as a night watch person's uarters Section 4.7-185 Outdoor storage of materials directly related to a ermitled use. Section 3.2-630B.3. N P N P P S N P N N P N 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 exceptiohs specified in this Code shall apply. . ~itG:eizonirrraiSt1i1Hi8e -. ,'i_erf Lot/parcel Coverage and Planting Standard Landsca ed Setbacks 1, Street Setback Residential Pro ert Line Parkin and Drivewa Maximum Building Height 5 PLO District abuts Residential District 15 feen~; 20 feet 'G' 5 feet None, unless abutting a residential district When a PLO District abuts a residential district, 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 permit 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. "Date R~c~i~ed;' ~Q9/2 oe) Planner: 'GK" , ATTACHMENT 3 -13 . . 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 proposed amendments revises references to permitted development listed in Section 3.3-825. The following uses may be permitted in the underlying residential, commercial, or industrial district subject to the provisions, additional restrictions and exceptions specified in this Code. EXCEPT AS SPECIFIED IN .SECTION 3.3-810B., URBAN USES (e.g., 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 o Planner., ,~K.". '.::~/=.' :''":', _: I ATTACHMENT 3 - 14 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 D* D* N P* P* N N S* See See Section See Section 4.3-145 Section 4.3-145 4.3-145 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. fBlff~l 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 ." ; IsrQdl!lSftills'fl1u~li.fI Stevens and Perkins Buildin La.O.F. Buildin Pacific Power & Li ht Buildin Southern Pacific Railroad De ot Brattain I Hadle House Stewart House Dou las House 330 Main Street 346 Main Street 590 Main Street 101 South A Street 1260 Main Street 214 Pioneer P . West 3362 Osa e Street" ATTACHMENT 3 - 15 .:,< .. .:.~;~: t. ".?" '::~ _ .....1 . Date Receiit~c!l: : (/1/7 Planner: GK OG . . I~~"'-~ ! 1 'l'SWn,braFl' e ' , I. 66i"&'emiai'CIlii1ll'lt!ffiStlrmRB(J Commerrtary. The barbed wire standards apply in the residential, commercial and industrial zoning districts, except as specified in notation (8). Table 4.4-1 Il)X<i"",. Front Yard 1 Street Side Yard Rear Yard Hei ht Exce tions Vision Clearance Area 7 Barbed! Razor l;t;lst YIN (8) N Wire! 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 B'. (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) B' 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 B' along common property lines and right-of-way. (b) 10' for residential 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 lots/parcels of development areas. EXCEPTION: 3' maximum height decorative fencing or masonry walls maybe 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 2Yz' 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 B'. 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 waming signs every 24 feel EXCEPTIONS: . Date ReCeived: oq/)., 06 Planner: . GI:< ., "',' n ,.' ,.1 ~, > 11:.-' . .' ATTACHMENT 3 - 16 (a) (b) . . 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. In the residential districts, barb-wire and electrified fencing on lots/parcels less than 20,000 square feet, and razor wire on any lot/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 term "drainage" should be "stormwater" and the text added to Subsection 6. is for clarity. 14,3-110 Stormwater Management E. . A dev~lopment is required to employ rtR~_waret management practices approved by the Public Works Director and consistent the Engineering Design standards and Procedures Manual, which minimize the amount and rate of surface water run-off into receiving streams. The following ~~~~ management practices may be required in order to relieve demand on the City's piped drainage system and to alleviate future costs of treating the piped discharge; to promote water quality, to preserve groundwater and the vegetation and rivers it supports, and to reduce peak storm flows: .' '. 1. 2. 3. 4. 5. 6. Temporary ponding of water; Permanent storage basins; Minimizing impervious surfaces; Emphasizing natural water percolation and natural drainageways; Preventing water flowing from the street in an uncontrolled fashion; 7. On-site filtration or skimming of run-off, which will enter natural drainageways to maintain water quality; and 8. On-site constructed wetlands. 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 aI"lncidental Equipment" in Chapter 6 is also amended. Date Received: 0'1( 12 0 G --Planner: GK"" . ~~. _. ........ I ATTACHMENT 3 - 17 . . I U-10S 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, including 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, lay structures, radio antennas, satellite receiving dishes and lampposts. ill, 1$;, rOl!J', s in't:nl1a~"IIr~fto~I~If~ Fences are addressed in Section 4.4-115. Commentary. The amendment specifies that duplexes are permitted only on comer /ots/parcels in the LOR District. I 4.7-140 Duplexes A. fil6, ,00 are; eell'l.Bt A cOrJ:1er duplex or duplex lot[parcel 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 specified in the Structural Specialty Code and Fire and Life Safety Code. 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 . . ".'0' ,q.. ,/2: .abutting units. ' Date Received: . _ QU Planner: GK'" ".-;. .', ;!, " , ATTACHMENT 3 -18 . . B. Duplexes on interior lotslparcels zoned Low Densit}iResidential, approved prior to the adoption of this Code, as part of a Planned U~it Development shall not be considered to be non-confonT)ing uses. C. Duplexes on interior 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. 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 Commentary. The MUC 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!lit\lll!.!~ 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~ 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. [ 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 application. The Development Issues Meeting is voluntary, ' unless specifically required elsewhere in this Code. ' B. Pre-Application Report. The purpose of ttie 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. Date Received: . <1 '1. /.J 06" Planner;' GK ;". ' . ATTACHMENT 3 -19 . . EXCEPTION: The Pre- lication Report is required for a Master Plan application as specified inection~!S!:~~ C. The Pre-Submittal Meeting. The purpose ofthe 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: transporta~ion, stolT!l~ter management, sa~itary sewer ~acilities, ~~d.lan1ming. The Pre-Submlttal Meeting IS mandatory for all Site Plan Review, SubdivIsion.' . . Partition aiiiQ!MastetJElIan applications. The Pre-Submittal Meeting is required even if the meetings specified in Subsections A. and B. have 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. I 5.3-115 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, '" a licant, if different, the a ellant and all ersons ~~i{ml;~alk~uornitti*l cami'tlenteatJ e ' oDce,' . :itl1lel:oeclslo, 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. I 5.14-110 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 tetc;;'~~iPQt~~nIDeveTOPmentlrSsi!'les,"'fllleetind is encouraged prior to a formal Metro Plan amendment application. \5.15-120 SDC Standards Applicable to MDS Approval Commentary. Subsection H is amended to be consistent. with the .old SOC" by adding references to under grounding utilities (4.3-125) and to water service and fire protection (4.3- 130). H. The developm~nt shall connect to public utilities as specified in Sections 4.3-105, 4.3-1101 ~ 4.3-120titlB~5:rlm(jjf~1i30 and comply with the Springfield Building Safety Codes, where applicable. Easements may be required as specified in Subsection 4.3-140. I 5.15-125 Timelines and Conditions Commentary. Two references are proposed to be changed requiring this Section to be relettered. The property owner and/or applicant shall comply with the standards specified in Subsection I~ D.ate'R~ witb\90!~y~~ the Director's approval as follows: Planner; GK'~' .... ATTACHMENT 3 - 20 . . 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 apgroval conditions required to meet the standards specified in Subsection ~':~!tW1if3t\1~t'Q(!j. Submittal of a Final Plot Plan shall include the following additionalmaterial, where applicable: . 1. The original recorded Improvement Agreement. 2. Any required ODOT Right-of-Way Approach Permit. EXCEPTION: If the ODOT 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 ~~ = ~., 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. film! The signing of a Development Agreement by the property owner within 45 days of the Director's approval of the Final Plot Plan. lhti ~ [~3~1 IQ~ 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 fGlilil., below. The Director may allow a one-time extension of the 90-day start of construction time line specified in Subsection r~~., 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 [~llG., above is not met and the applicant has not requested an extension as specified in Subsection m., 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. If the time line established in Subsection [~l~., above is not met and the applicant has requested an extension as specified in Subsection lilI, above and that time line as not been met, then the Director may require that the improvements be installed as specified in Subsection 5.17-150. I 5.16-120 Submittal Requirements Commentary. Duplicative language regarding submittal requirements for Property Line Adjustments in Subsection B.3., is deleted. The remaining Subsections are renumbered accordingly. Consent language is found in reformatted Section 5. 4-1 05B. 2., which applies to a/l applications, but is lot listed in this document. B. The following additional information shall be submitted with the Prel~minary surv.ey: {}cr I 0 6 Dare Recel''1!':ldr.. . 2. . . Plariri'er;' G' K .r: .:"','"' -' . . ..-- ..- \. ATTACHMENT 3 - 21 . . 1. A brief narrative explaining reason for the proposed Property Line Adjustment and the existing use of the lots/parcels. 2. A copy of the current deeds for the lots/parcels. a. 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. . tlili. 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 Plattobe 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; 5. A map prepared by an Oregon Licensed Land Surveyor or other professional approved by the Director of the area proposed to be vacated. The map shall show: 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); . . Date Receive,!: .a 0;, j) 0 <8 Planner: GK "c', ;".1.." ' ATTACHMENT 3 - 22 . . 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 invoived; 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 for Vacation, including square footage; and i.For right-of-way Vacations, demonstrate compliance with the boundary requirements of ORS 271.080 et seq. Commentary. The proposed new Section and text explains a part of the current vacation process. Vacated right-of-way has a/ways assumed the zoning of the abutting property. I '$f2or1~O}ZQniGf.41ilacafEla[Rlqi:lt~~w~ CHAPTER 6 DEFINITIONS Commentary. The Downtown ~ception Area was modified during the Downtown Refinement Plan approval process in 2006. The SDC was not amended at that time. J Downtown Exception Area. An area defined by the Willamette River on the west, ~Street on the east, the alley between north B and north C Streets on the north, and a line north of the Southern Pacific Railroad tracks on the south. 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 a/so small satellite dishes as "incidental equipmenr. See a/so the ame~~~~tf.!!on 4.7-09 (2 0 g 105C, above. Planner: GK . " . ... ...... . . ~.. ~.. ..~. . . .' ATTACHMENT 3 - 23 . . Incidental Equipment Rooftop or pole mounted structures that cast insubstantial shadows or have m~ni~,~ual impact, inCluding, but not I!mited to: anten~as,chim. ~OO1f~"m . ~~felIlitelClim and flagpoles, but excluding ~;~~ ... 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, specificationsl provisions and information concerning a r~;;~15Orl partition. :~v-. ;fl'~ -~. ,',L'" Date Received: '0 9 /11. (j 'C Planner: GK ATTACHMENT 3 - 24