HomeMy WebLinkAboutMiscellaneous APPLICANT 9/16/2009
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ORDINANCE NO. 4-09
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF LANE COUNTY, OREGON
IN THE MATTER OF AMENDING CHAPTER 10 OF LANE
CODE TO ADOPT AMENDMENTS TO THE SPRINGFIELD
DEVELOPMENT REGULATIONS FOR APPLICATION TO
URBANIZABLE LANDS WITHIN THE SPRINGFIELD
URBAN GROWTH AREk(LC 10.600-15) AND ADOPTING
SAVINGS AND SEVERABILITY CLAUSES
WHEREAS, on November 24, 1986 the Lane County Board of Commissioners enacted Ordinance
No. 16-86 to adopt the City of Springfield land use regulation for application to urbanizable lands within
the Springfield Urban Growth Boundary in accordance with an urban transition agreement with the City
of Springfield; and
WHEREAS, that urban transition agreement provides for joint development and adoption of land
use regulations applicable to urbanizable lands within the Springfield Urban Growth Boundary; and
WHEREAS, the Springfield Planning Commission held a public hearing and after further
deliberation, recommended approval of the amendments to the Springfield Development Code; and
WHEREAS, the Springfield City Council held hearings and adopted the amendments to the
Springfield Development Code and has requested adoption of the proposed changes py the Lane
County Board of Commissioners for application to the urbanizable lands within the Springfield Urban
Growth Area; and
WHEREAS, the Board of County Commissioners has conducted a public hearing, reviewed the
record, and is ready to take action.
NOW, THEREFORE, the Board of County Commissioners of Lane County ORDAINS as follows:
Section 1. The provisions of the Springfield Development Code, as adopted by Lane County
Ordinance No. 16-86 and amended by Lane County Ordinance Nos. 5-89, 18-90,9-91, 13-91, 14-92; 5-
93, 13-94, 3-97, 7-99, 10-00, 13-04, 2-05 and 16-07 are hereby further amended to add the
amendments as specified in the attached Exhibit "Aft (City Ordinance No. 6238), incorporated here by
this reference. These amendments are adopted and incorporated herein by this reference for
application on the urbanizable lands within the Springfield Urban Growth Area and shall not be codified
into Lane Code.
Section 2. Chapter 10 of Lane Code is hereby amended by removing and inserting the following
sections:
REMOVE THIS SECTION
10.600-15
as located on page 10-814
(a total of 1 page)
INSERT THIS SECTION
10.600-15
as located on page 10-814
(a total of 1 page)
Said section is attached hereto and incorporated herein by this reference. The purpose of this
substitution and addition is to amend Lane Code Chapter 10 to include specific reference to this Board
of County Commissioners action adopting amendments to the City of Springfield land use regulaiions to
be applied by the City of Springfield on urbanizable lands within the Springfield Urban Growth Area. ;,.
Date Received: 'J.:./!!!.-o.!.. "
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1:\LegaN..EGAVCodeandMarlual'tC:odr,~HAPTER IO\ORDrNANCE LCIO 600-IS ..(l9 2009 08 U.doe 9 ,~~!~_-
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Section 3. Ordinances and regulations amended by this Ordinance shall remain in force to
authorize a punishment, penalty or forfeiture incurred, or a suit, prosecution or proceeding pending when
the amendment takes effect, for an offense or violation committed under the amended Ordinance or
regulation prior to the effective date of this Ordinance.
Section 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for
any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision, and such holding shall not affect the validity of
the remaining portions hereof.
While not part of this Ordinance, the findings attached as Exhibit 'B' and incorporated herein by this
reference are adopted in support of this decision.
ENACTED this
/0
day of
~ dC-m ~ , 2009.
'/3\/~
Chair, Lane County Board of Commissioners
of the Board
APPROVED AS TO FORM
Dat. ft' - (1- . )llO' Lan. County
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OF AL OOUNSEL
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IEXhibit AI
ORDINANCE NO. ,,~'O
(General)
AN ORDINANCE AMENDING THE SPRINGFIELD DEVELOPMENT CODE BY AMENDING
SECTIONS 3.2-210; 3.2-215; 3.2-235A.; 3.2-440; 3.2-610; 3.2-715; 3.3-205: 3.3-220; 3.3-225;
3.3-235; 3.3-815; 3.3-825G.; 3.3-9108.; 4.3-110E.; 4.7-105A.; 4.7-140; 4.7-180A.; 4.7-190A.;
5.1-120; 5.3-115C.; 5.13-100; 5.13-105: 5.13-110; 5.13-115; 5.13-120; 5.13-125; 5.13-130;
5.13-135; 5.13-140; 5.14-110A.;5.15-120H.; 5.15-125; 5.16-120B.; 5.20-120C.; TABLE 4.4-1;
TABLE 5.4-1; AND SECTION 6.1-110 DOWNTOWN EXCEPTION AREA, INCIDENTAL
EQUIPMENT, AND PARTITION PLAT; AND ADDING SECTIONS 5.13-116; 5.13-117; 5.13-
131; 5.13-132; 5.13-133; 5.13-134; 5.20-140 AND APPENDIX 3 TEMPORARY GLENWOOD
RIVERFRONT PLAN DISTRICT MASTER PLAN STANDARDS; AND ADOPTING A
SEVERABILITY CLAUSE.
THE CITY COUNCIL OF THE CITY OF SPRINGFIELD FINDS THAT:
WHEREAS, the reformatted Springfield Development Code (SDC) was adopted by the
Springfield City Council on September 17, 2007, and previous amendments thereto were
subsequenUy adopted by Ordinance; and
WHEREAS, the Development Services Director has determined there is a need to
improve the Master Plan review process and make this process applicable to more development
proposals; and
WHEREAS, a revision from the Uniform Fire Code to the Springfield Fire Code has
necessitated the need to amend portions of the Drinking Water Protection Overiay District; and,
WHEREAS, the volume of work involved in the SDC reformatting process resulled in a
number of Scrivener's errors arising from renumbering, inadvertent omissions and punctuation
requiring correction; and
WHEREAS, SDC Section 5.6-100 sets forth procedures for the amendment of this
document; and
WHEREAS, on September 16, 2008, the Springfield Planning Commission held a work
session regarding these SDC amendments; and
WHEREAS, on October 7,2008, the Springfield Planning Commission conducted a
public hearing on this SDC amendment application and the record was left open until December
2,2008; and
WHEREAS, on December 2, 2008, the Springfield Planning Commission voted, 6 toO.
with one abstention, to recommend approval of the proposed Ordinance to the City Council
based upon public input and findings in support of adoption of these SDC amendments as set
forth in the Staff Report and the Recommendation to the Council incorporated herein; and
WHEREAS, on January.26, 2009, the Springfield Common Council held a work session
regarding these SDC amendments;
WHEREAS, on February 17, 2009, the Springfield Common Council conducted a public
hearing and first reading on this Ordinance;
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WHEREAS, on March 2, 2009 the Springfield Common Council is now ready to take
action on this application based upon findings in support of adoption of these SDC amendments
as set forth in the aforementioned Staff Report to the Council incorporated herein and the
evidence and testimony already In the record as well as. the evidence and testimony presented
at this public hearing held in the matter of adopting this Ordinance amending the SDC;
WHEREAS, The Springfield Common Council has reviewed the findings and
conclusions set forth in the staff report (Case Number 2008-00011). and adopts them in support
of this Ordinance as Exhibit 1 attached hereto; and
WHEREAS, In order to facilitate the understanding of the amendments and additions to
the SDC occurring through the adoption of this Ordinance. the legislative format depicting such
amendments and additions are attached hereto as Exhibit 2.
NOW THEREFORE, THE CITY OF SPRINGfiELD ORDAINS AS FOllOWS:
SECTION 1: CHAPTER 3 LAND USE DISTRICTS, Section 3.2-210 Is hereby
amended to read as foll_s:
I "3.2.210 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 5.11-100.
"P" = PERMITTED USE subject to the standards of this Code.
"s" = SPECIAL DEVELOPMENT STANDARDS subject to speciallocational andlor 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 Ofliciallevel.
"N" = NOT PERMITTED
"." = SITE PLAN REVIEW REQUIRED
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Attached slnnle-famllv dwellin"" O' P' P'
Cluster Subdivision (Sections 3.2-230 and 5.12-100\ P P P
Condominiums (Section 4.7-135\ S' po P'
Detached sinale-famlly dwellinas P P P
Ouolexes (Section 4.7-140\ S P P
Multiple family dwelling including triplexes, 4-plexes, quads, N P' P'
I auints and aaartment comolexes over 4 units.
RVs as a pennanent new use N N N
RVs in existing RVor Manufactured Dwelling Parks P N N
RVs as a temporary use - Emergency Medical Hardship
I (Section 5.10-1001 . P N N
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Prefabricated dwellln s P P P'
Group Care Facilities (SectIon 4.7-155)
Foster homes for over 5 children P' P' P'
Residential care faclllUes with more than 15 persons
Include: Group care homes, congregate care facilities, 0' S' S'
nursln homes and retirement homes
Halfwa houses N 0' O'
Residential Facilities - 6 to 15 persons P P' P'
Residential Home - 5 or fewer persons P P P
Shelter Homes for abused and baltered ersons P P' P'
Manufactured dwellln all<. Section 3.2-235 S' N N
Manufactured home P P N
Manufactured home subdivision P P N
Mobile home P N N
Manufactured home as a temporary resldential use S' N N
Section 4.8-105
Child Care Horne Faclll - 1 to 5 children P P P
Child Care Grou Home Faelli - 6 to 12 children P P P
Child Care Cenler-13 or more children (abutting an S' S' S'
arterial streel Section 4.7-125
Child Care Center -13 or more children (abutting a collector 0 S' S'
or local street Section 4.7-125
Adult Da Care - facilities u 10 12 adults P P P
Adult Day Care - facilities with more than 13 adults
abullin an arterial street P' P* P'
Adult Day Care - facilities with more than 13 adults
abuttin a collector or local street O' P' P'
Bed and breakfast faciliUes Section 4.7-120 S' S' S'
Boarding and rooming houses (SectIon 4.7-215)
lto 2 bedrooms P* P' P'
3 to 5 bedrooms S' P' P'
more than 5 bedrooms N P* P'
Accesso structures Section 4.7-105
A ricultural structures
Cultivation of undevelo ed land
Tem ora sales/dis la of roduce Section 4.8-125
Tree fellin and removal Section 5.19-100
Public Utili Facilities
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High Impact facilities (Section 4.7-160) S' S' S'
Low Im';act facilities P P P
Certain Wireless Telecommunications Systems Facilities) Section Section Section
4.3-145 4.3-145 4.3-145"
SECTION 2: CHAPTER 3 LAND USE DISTRICTS, Section 3.2.215 Is hereby
amanded to read as follows:
I "3.2.215 Base Zone Development Standards
Minimum Area:
East-West Streets
North-Soulh Streets:
Minimum 5treet Fronta e
East-West Streets
North-5outh Streets
4 500 uare feet
5 000 uare feet
4 500 uare feet
5 000 uare feet
4 500 uare feet
5,000 uare feet
45 feet
60 feet
45 feet
60 fee!
45 feet
60 feet
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Minimum Area:
East-West Streets
North-South Streets
6 000 uare feet
45 feet
60 feet
6,000 uare feet
45 feet
60 feet
6,000 uare feet
45 feet
60 feet
ifitIiiiI$
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51 Ie Panhandla:
Minimum Area in Pan Portion
4,500 square feet
Minimum Street Fronta e
Multi Ie Panhandles:
Minimum Area in Pan Portion
20 feet
4,500 square feet
20 feet
4,500 square feet
20 feet
4,500 square feet
4,500 square feet
4,500 square feet
<15 reent sl
Minimum Area 10 000 s uare feet 10000 s uare feet 10,000 uare feet
Minimum Street Fronta e 60 feet 60 feet 60 feet
15-25 reant slo :
Minimum Area 10,000 s uare feet 10,000 s uare feet 10,000 s uare feet
Minimum Street Fronta e gO feet gO fee! gO feet
25-35 ereant slo :
Minimum Area 20,000 s uare feet 20 000 s uare feet 20,000 s uare feet
Minimum Street Fronta e 150 feet 150 feet 150 feet
>35 reent slo e:
Minimum Area 40,000 s uare feet 40 000 s uare feet 40,000 s uare feet
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Minimum Street Fronta e
'n
200 feet
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The crealian of new lots/parcels In the Clty's urbanizable area shall be either
10 acres, 5 acres or shall meet the area standards of this Section when
fied I SectI 512 100
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Front Yard 10 feet 10 feet 10 feet
Street Side Yard 10 feet 10 feet 10 feet
Rear Yard 10 feet 10 feet 10 feet
Interior Yard Setbacks 5 feet 5 feet 5leet
Front Yard Setback- 18 feet measured along the driveway from:
Garages and Carports (6) 1. The property line fronUng the street to the face of the garage or carport; or
2, The property line fronUng the street to the far wall of the garage or carport
where the face of the structure Is perpendicular to the streel
3. Where a gerage or carport faces a panhandle driveway, the 18 feet Is
measured fro the Inner travel edge (pavement or gravel) within the
panhandle to the face of the structure; the setback Is 3 feet when the garage
f" or caroort fronts an allev.
Accessory Structures A~ory 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 lol/parcelllnes.
Panhandle and Duplex All setbacks for panhandle lots/parcels are based on the orientation of the front
LotslParcels and rear of the dwelling occupying the Iol/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 ourooses.
Base Solar Standards SectIon 3.2-225.
Maximum Building Height 30 feet 35 feet 35 feet
111lf12111311141
(1)
(2)
6,000 square feet in area for one duplex in the LOR District. This standard prohibits the division of
the lol/parcel to create separate ownership for each duplex dwelling unll
10,000 square feet in area for one duplex in the LOR District as specified In this SectIon and
SectIon 4.7-140. This standard allows for the future the division of the lal/parcel to create separate
ownership for each half of the duplex.
The 45 percent coverage standard applies \0 covered structures only. On lots/parcels with more
than 15 percent slope or above an elevation of 670 feet, the maximum Impervious surface Inclusive
of structures, patios, and driveways, shall not exceed 35 percent unless specified in SectIon 3.3-
500. '
Determination of all yard setbacks for duplexes on corner 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 carporl
Accessory Structure Exceptions to Setback standards:
(a) Stand alone garages and carports shall meet the street side yard, Interior side yard 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.
Where an easement Is larger than the required setback standard, no building or above grade
structure, except a fence, may be buill upon or over that easement.
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.
Architectural extensions may protrude Into any 5-foot or larger setback area by not more than 2 feet.
General Exceptions \0 Setback standards:
(a) Attached dwellings (zero lot line) on Individual lots/parcels; and
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
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(b) A dwelling constructed over the common property line of 2 lots/parcels, where there Is a
recorded deed reslrictian.
(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 IimltaUons far solar proteelion.
(12) Inddental equipment may exceed the height standards. .
(131 Height limitations within the Hillside Development Overlay Dlstrtct may be removed provtded the
additional height does not exceed 45 feet and the base resldenUal solar standards are met
(14) In the MDR and HDR Districts. the building height may be Increased to 50 feet as specffied In
SubsecUan 3.2-240D.3.c."
SECTION 3: CHAPTER 3 LAND USE DISTRICTS. Section 3.2-235A. Is hereby
amended to read as follows: .
I "3.2-235 Residential Manufactured Dwellings I
The siting of manufactured dwellings in Low and Medium Density Residential Districts is pennitled
subject to the provisions of this Section:
A. Manufactured Home - as a permitted use in manufactured home subdivisions,
manufactuned dwelling parlls and all lots/parcels zoned and designated Low and
Medium Density Residential provided that units placed on Indivlduallotslparcels
outside of existlng platted manufactured home subdivisions shall be Type 1
classification and all density standards are satisfied. A Type 2 manufactured home
may be sited In manufactured dwelling parlls, interior lots of existing platted
manufactured home subdivisions and in multi-family developments."
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SECTION 4: CHAPTER 3 LAND USE DISTRICTS, Section 3.2-440 Is hereby
amended to read as follows: .
I "3.2-440 CI District - Conceptual Development Plans and Master Plans
A Conceptual Development Plan is required far 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 may be submitted when phased developments exceeding 3 years In
duration ana 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 Seelion
5.13-100.'
SECTION 5: CHAPTER 3 LAND USE DISTRICTS, Section 3.2-610 Is hereby
amended to read as follows:
1"3.2-610 Schedule of Use Categories
The following uses are pennitted 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 subjeclto the standards of this Code.
.
.
"S" = SPECIAL DESIGN STANDARDS subject to speciallocational and siting standards to be
met prior to being deemed a permitted use (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 SHALL BE REQUIRED for all development proposals within all mixed
usa districts unless exempted elsewhere In this Code.
Gara
Parkin lots and rkl structures Section 4.7-180
Tires, batteries and accessories
Operation, maintenance, repair. expansion and
replacement
of automobile, light truck sales, new and used, including
accessory repair garages, parts and accessory sales on
land where such uses lawfully existed as of June 3,
2002. owned, leased and controlled b a sin Ie ent"
.Only in
Downtown
Mixed-use
area
p
p
p
P
P
P
P
P
P
P
P
p
p
laboratories
p
p
p
p
p
P
P
N.
N
P
P
N
P
P
P
N
P
p
P
N
P
P
P
P
P
P
P
N
P
P
P
N
N
p
N
P
P
p
.
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.'~'__ .~__.'i}D ---'.___ _._.-"---..___. --''-'-' _ --'L.dJ!.J~.._ - ~
Comouter and infonnation services p p p
Dentists p p P
Detective and orotective aoencies P N P
Doctors P P P
Draftina. araohlc and coov services P P P
Emolovment aoencles and services P P P
Ennineers and surveyors p P P
Financial olannlno. Investment services P P P
Graohic art services P P P
Gvmnasticslnsbuction P P N
House cleanlno services P N N
Insurance camers aaents brokers and services P P P
Interiar decorator and desioners P N P
Laundry, dry cleaners, Including self-service, and ironing P P N
services
Loan comoanies, other than banks P P P
Locksmiths P P P
Lumber brokers P P P
Mallina services/mail order sales P P P
Manaoement and olannino consultants P P P
Manufactured unit as a temporary construction office. PIS PIS N
night watchperson's quarters or general office (Sections
4.8-110 4.7-185. and 4.7-1701
Motion oicture studio/distribution P P N
Non-orofrt oroanizations P N P
Ooticians P P P
Perfonnino arts instruction P N P
Photocoovino P p. P
Photooraohv studios P P P
Planners, land use P P P
Printin%ublishino P P N
Psvcholonists and counselors P P P
Real estate sales and manaoement P N P
Scientific and educational research P P P
Securitv s""tems services P p N
Self-defense studio P p N
Shoe reoair P p P
Stenooraohers and secretarial services - P P P
Stockbrokers P P P
Swlmmlno 0001 cleanino P N N
Tailors P N P
Tannino salons P N P
Title comnanies P N P
Teleohone answerino services P P P
Travel aoencies P P P
TV and radio broadcasting studios (does not include P P N
antennae)
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.
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Communications towers, including antennas and relay
equipment. Certain Wireless Telecommunications
S stems Facilities See Section 4.3-145
Communications antennas for public agencies and
eme en services
N
N
o
o
o
N
N
o
S
p
N
A Iiances
Apparel and other finished products made from canvas,
cloth, fabrics, feathers, felt, leather, textiles, wool, yam
and similar materials
Communication equipment, including radio and
television e ui ment
Costume 'ewel ,novelties, buttons and misc. notions
Culle ,hand tools and hardware
N
p
N
N
N
p
p
N
N
.
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L.__~_:_~~.:....::..,..i:....~...!..8..rJ~~~L:.---d_.....:...1 J._L~L..:..:~~:~L.:~:_..:..
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
IndustriaVBusiness Parks Section 3.2-450
Media productions, including TV and radio broadcasting,
motion picture production and
news a rlbookl riodical ublishin
Regional distribution headquarters, including indoor N P N
stora e
Research development and testing laboratories and N P N
facilities
Accesso structures
Administrative rofessional or business offices
Arcades P P . N
Art studios, P P N
Aud~oriums N P N
Bin 0 arlors N P N
Bowlin aile s N P N
Dance halls N P N
Exercise studios P P P
G ms and athletic clubs P P N
Hot tub establishments P P P
Miniature auto race track e, . slot car track P N P
.
.
L -- .._.~,..=,=--=:=:=, =.~~.:..:,,= '.:::~-::=='::J. _.:-::-~, .," '::-=--'c:=-.T:=-=';:-~-=- '.::!lli.i.I.BU::- ':-:'-'::7:;
F'. "". "--.' ..-;... -.,-"",,,,.:",',"E'V;!;=;:,";"""~'-----"" ,,_. .:.'-.'..1Tlr.<'--,,-.....r.-,::,' .,.-."""10'1::':"'
L_ __..:_~_ _"=-~_.c..:_~!~....~........:...:..:.......:.......<~..J~::-_ t:.:...:::.uJ~....:L_'::":~~_..
P N N
P P N
S 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
Branch educational facilities P P D
Charitable services P N D
Churches. mosques, temples and weekly religious 0 N D
school Section 4.1-130
Commun and senior centers P N P
Fraternal and civic 0 anizations P N N
Hos itals P P N
Public offices, including, but not limited to: administrative P N 0
offices, libraries, museums, courts, and detention
facilities.
PrivatelPublic Elementary and Middle Schools (Section N 0 0
4.1-195
P
P
P
P
P
P
P
P
P
P
P
P
N.
N
N
N
P
N
N
N
N
N
N
p.
P
P
P
P
P
P
P
P
P
P
N
N
.
.
[:C~:'~~'-.~,~~~~~:-:__'-~'~.~".:: ~~:-~~='"=__~~C~=-~~~~~----:~l': -_:..:_~~:~~ _-_~rJia~L-~_"_-':. ~_:
ET'" ". r '." ...'" :";;"'~''lib.TW'" "~'l'~ .--- --.,..., "l,r'-'~[ ]JlJ3,'" T..:-::rBii "
_"':~"_'_h"-"'O~',,", -'lliJ.c.~.-,,-...l..."... ....1.._.iJ ~_..:.. ...... ,'"
Convenience stores P P P
Dairv products P P P
Department stores P N N
Draoerv. curtains and uoholsterv P N P
Drv Goods and oeneral merchandise P N P
Electrical suoolies P N N
Fabrics and accessories P N P
Film droo off and Dick uo Inot a drive-throu!!h) P N P
Fish P N N
Floor coverinos P N P
Florists P N P
Fruits and vlllletables P N P
Fumiture P N N
Furriers P N N
Groceries . P N P
Hardware P N N
Hobbv supolies P N N
Household aooliances P N N
Jewelrv P N N
liQuor ouUets (State) P N N
Luooaoe and leather P N N
Maoazines and newsosoers P N N
Mail order houses P N N
Meats P N N
Medical and dental suoolies P N N
Musical instruments and suoolies P N N
Novelties and oifls P N N
Office eQuipment P P N
Paint !!Iass and wallpaoer P N N
Phannacies P P P
Potterv P N N
Radios, televisions and stereos P N N
Second hand and pawn shops P N N
Sewina machines P N N
Shoes P N P
Small electrical aooliances P N N
SpOrtin!! aoods P N P
Stationarv P P P
Supermar1<ets P N N
. .: ,,(//1 ~<v, _,fJ, :'.('-1, 1:.' /".1 ,'1 ,L~?_)}t'r,'-r,ll:-.:( "J!"'\':' ~ ......... __ -
~:'(;:b~Ulw~ ~;< kd~~'lr~;~' .\~~, :~~'''[;~!.f,t.~ :r]!.~_L ~_.._~J'=-~;A' J. ~ ~. ~":v ,'1 :_,:'~,..,',.._:'. ;~_"_..,:L~<,.~: ~t:.X':-:~l
Business machine reoair S P P
Electrical appliance repair S P N
Fumiture repair S P N
Janitorial services N P N
Small enaine repair S N N
T
P
N
P
.
.
: fr.lil1.';' ;1,,,'(<11/ ;-1..'11;,' ',1 . - : ;
N
N
N
N
N
p
p
p
P
N
N
N
N
N
N
N
p
N
N
N
N
N
N
N
.
.~ ~. I,i':';", !. :.~ .
- - ., 'r(':{ ,.:,.,f,'",;!, :\i,
'-'Jlli":.'" './' . _.r,.. ~In" ,,: _
Manufacture or assembly of goods or products to be P P N
sold on nremises
AccessoN structures N P N
Administrative nrofesslonal or business offices P P P
Bluenrintinll, ohotostattino, and nholo develonino P P N
Cafeterialservinn eniOiOvees oriM N P N
Child care facilities Inrimarilv servinn emnlovees on site\ P P P
Developed recreation area (serving the development N P P
areal .
Helinorts and helistoos N P N
Financial institutions P P P
Manufa~~red home used as a night watch person's N S N
. ouarters Section 4.7-185\
Outdoor storane of materials directlv related to a N P N"
.
.
SECTION 6: CHAPTER 3 LAND USE DISTRICTS, Section 3.2-715 Is hereby
amended to read as follows:
'''3.2-715 Base Zone Development Standards
The following base zone development standards are established. The base zone development
standards of this Section and any other additional provisions, restrictions or exceptions specified
in this Code shall apply.
, I '
'. , .'. .,",. .
I , III ./1 .', I, ,f, , j ( /"1/'" C" ,. t' .{ "i: 'I _ I'
I . d I.
Minimum Lo~ reel Size
Lot/parcel Coverage and
Planting Standard
None
Par1dng, driveways and structures shall not exceed 65 pereent of the
development area. At least 25 percent of the development area shall
be landscaped. EXCEPTION: In the Downtown Exception Area, there
shall be no minimum lot coverage standards and no minimum planted
area exce t for r1dn lots 6.
2 3 and'4
15 feet 6
20 feet 6
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
Mure right-of-way locations. Dedication of needed right-of-way shall be required prior to the
issuance of any building permit that increases par1dng 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.
(6) In the Downtown Exception Area, there shall be no minimum planted area except for par1dng
lots as specified elsewhere in this Code. "
SECTION 7: CHAPTER 3 LAND USE DISTRICTS, Section 3.3-205 Is hereby
amended to read as follows:
I "3.3-205 Purpose
.
.
A. The Drinking Water Protection (DWP) Overtay 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 hannfulto 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 Overtay 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
3. Review new or expanded uses of hazardous or other materials that pose
a risk to groundwater.'
SECTION 8: CHAPTER 3 LAND USE DISTRICTS, Section 3.3.220 is hereby
amended to read as follows:
I "3.3.220 Time of Travel Zones
A. The DWP Overtay 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 #0002R, March 18, 1999.
C. In detennining the location of a property 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 TOTl.
3. Tax lots having parts lying within more than one TOTl are governed by
the s\endards of the more restrictive TOTl.
EXCEPTION: The Director may waive the requirement that the more
restrictive s\endards apply when all of the following apply:
a. Storage, use, handling, treatment, and/or production of hazardous
or other materials that pose a risk to groundwater will not \eke
place within the portion of the tax lot having the more restrictive
TOTl s\endards; and
b. Storage, use, handling, treatment, and/or production of hazardous
or other materials that pose a risk to groundwater will not \eke
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 TOTl be modified by submitting a
Zone Change application to the City. Any request for modification of the
TOTZ shall be accompanied by certllication 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..
SECTION 9: CHAPTER 3 LAND USE DISTRICTS, Section 3.3-225 is hereby
amended to read as follows:
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 S\endards.
2. . The action in Subsection A.i., 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 Infonnation:
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 detennlnlng amounts - 10 pounds
shall be considered aqualto one gallon as specified in Springfield 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 stonn or sanitary 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 materlal 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."
.
.
SECTION 10: CHAPTER 3 LAND USE DISTRICTS. Section 3.3-23515 hereby
amended to read as follows:
~.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 Springfield 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 5ilallon 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 Springfield 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
EXCEPTION: Dry wells for roof drainage;
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 Springfield Fire Code 2704.2.2.5 for a monitoring
program and 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 following requirements 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 Inspecting safety and monitoring and emergency
equipment. The applicant shall develop and follow a written Inspection
procedure acceptable to the Director for inspecting the facility for events
or practices which could lead to unauthorized discharges 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 countersignature of the designated safety manager for the facility.
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 prohlMed 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 (Springfield Fire Code 2702.1 and 2704.2.2).
3. All new use of DNAPLs are prohibited.
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 Springfield Fire Code 2704.2.2.5 for a monitoring
progrem and monitoring methods to detect hazardous or other materlals
in the secondary containment system shall be met for all amounts of
hazardous materials that pose a risk to groundwater unless exempted.
7. The following requirements for InsP.BCtJon 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 inspecting safety and monitoring and emergency
equipment. The applicant shall develop and follow a written inspection
procedure acceptable to the Director for inspecting the facility for events
or practices which could lead to unauthorized discharges 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 countersignature of the designated safety manager for the facility.
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
2. All hazardous or other materials that pose a risk to groundwater shall be
stored in areas with approved secondary containment in place
(Springfield 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 dally inventory
quantity of any DNAPL is considered a new use and is prohibited.
5. The following requirements 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 inspecting safety and monitoring and emergency
equipment. The applicant shall develop and follow a written inspection
procedure acceptable to the Director for inspecting the facility for events
or practices which could lead to unauthorized discharges 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 countersignature of the designated safety manager for the facility.
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."
SECTION 11: CHAPTER 3 LAND USE DISTRICTS, Section 3.3-815 Is hereby
amended to read as follows:
"3.3-815 Schedule of Use Categories when there Is an Underlying Residential,
Commercial or tndustrial District
The following uses may be pen:nltted 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 USTED IN THE UF-IO OVERLAY DISTRICT ARE NOT PERMmED.
"P" = PERMITTED USE subject to the standards of this Code.
"S" = SPECIAL DEVELOPMENT STANDARDS subject to speciallocational andlor siting
standards as specified in Section 4.7-100.
"D" = DISCRETIONARY USE subject to review and analysis under Type III procedure (Section
5.9-100) at the Planning Commission or Hearings OfIiciallevel.
"N" = NOT PERMITTED
. = SITE PLAN REVIEW REQUIRED
. . . ~~ '-.~J~I~!>/I.(!}~ /:"I'ii,!~! !,:-,r;i:"~ ~___
.. . . - . .
<'-" -.. . ... .. - - .-r,.::.:..' .(~ I ':,<JII,;~_ , __.~:.:.I;. __ "._
: .. . - . . ... :'I, ~~fr!..t':{'.:r' f 'i,PIIII:,"',f')!: It:,.'!JI;;:' i If
Allricultural uses and structures P P P
Child care facilitv (Section 4.7-125\ S N N
Detached single-family dwellings and manufactured P N N
homes (Section 3.3-825)
Home Occuoatlons (Section 4.7-165\ S S S
Neighborhood parks that do not require urban services S. N N
(Section
.
.
4.7-200\
Partitions (Section 3.3-825E.\ P N N
Property Line Adiustments P N N
Hiah Imoact Facilities (Section 4.7-1601 S' S' S'
Low Imoact Facilities P P P
Temporary sales/display of produce, the majority of P P P
which Is orown on the oremlses (Section 4.8-125\
Tree felllno (Section 5.19-1001 P P P
R.V. oar1<s and camoorounds (Section 4.7-2200.\ S' N N
RV par1<s and campgrounds that do not require urban N 0' 0'
services (Section 4.7-2200.\
Expansion of non-conforming uses existing on the N O' O'
effective date of Lane County's application (on either the
IICU or I/U District to the oroperty (Section 3.3-385F.\
Expansion or replacement of lawful uses permitted in the N P' P'
underlying commercial or Industrial district (Section 3.3-
825F.l
Expansion or replacement of lawful Discretionary Uses in N O' O'
the undertvina zonin!! district (Section 3.3-825F.i
New Pennltted and Specific Development Standards in N po P'
the underlying zoning district within existing structures
(Section 3.3-825F.\
Manufactured home (night watch person) or N N S'
manufactured unit (office) in an industrial district
(Sections 4.7-185 and 4.7-170\
Certain Wireless Telecommunications Systems Facilities See See Section See
Section 4.3-145 Section
4.3-145 4.3-145"
SECTION 12: CHAPTER 3 LAND USE DISTRICTS, Section 3.3-825G. is hereby
amended to read as follows:
I "3.3-825 Additional Provisions
G. R.V. par1<s 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." '
SECTION 13: CHAPTER 3 LAND USE DISTRICTS, Section 3.3-910B. is hereby
amended to read as follows:
I "3.3-910 Applicability
B. On the adopted Historic Landmar1< Inventory within the City or its urbanizing areas,
including the following individually designated Historic Landmar1<s:
""=r,,,,,,,,"W'C7""I',",w"'''T''"'I'~~ ""'1""1' "'\"""'1';-:"", ,,' C:"",_~;l
""f!-'!I.lfr~),!"'''''iii:.' -."}Iri{f"n~: '''':::'1'1 <t~'i:l>(y. .,.... "10 ~_11-'''i '0 ~""" ""'-<:'''..'Jf'j,~,!;<>'''R~,",,~<
t _ ~~ .,..,.... ",,"_ ,,_ _ _-' ~ _~{ _..1 h ,!,> _. "'.. " .. e., ~d. ,. ,,,,.....
330 Main Street
346 Main Street
590 Main Street
.
.
Southern Pacific Railroad Deoot 101 South A Street
Brattain I Hadlev House 1260 Main Street
Stewart House 214 Pioneer Pkwy. West
Doualas House 3362 Osaae Street
Thurston Granne 66'" Street and Thurston Rd:
SECTION 14: CHAPTER 4 DEVELOPMENT STANDARDS. Section 4.3-110E.ls
hereby amended to read as follows:
1"4.3"110
Stonnwater Management
E. A development is required to employ stormwater management practices approved by
the Public Works Director and consistent \he Engineering Design Standards and
Procedures Manual, which minimize the amount and rate of surface water run-off into
receiving streams. The following stormwater management practices may be required in
order to relieve demand on \he City's piped drainage system and to alleviate Mure costs
of treating \he piped discharge; to promote water quality, to preserve groundwater and
the vegetation and rivers it supports, and to reduce peak storm flows:
1. Temporary ponding of water;
2. Permanent storage basins;
3. Minimizing impervious surfaces;
4. Emphasizing natural water percolation and natural drainageways;
5. Preventing water flowing from the street in an uncontrolled fashion;
6. Stabilizing natural drainageways as necessary below drainage and culvert
discharge points for a distance sufficient to convey the discharge without channel
erosion, as permittedlallowed by City, State and Federal regulations;
7. On-site filtration or skimming of run-off, which will enter natural drainageways to
maintain water quality; and
8. On-site constructed wetlands.'
.
.
SECTION 15: CHAPTER 4 DEVELOPMENT STANDARDS. Table 4.4-1 Is hereby
amended to read as follows:
"Table 4.4-1
Front Yard 1
Street Side Yard 4
Rear Yard
He ht Exce Uons
Vision Claarance
Araa
Barbed! Razor Y(8) Y(8) Y(8) YIN (8) N
Wire! Electric
(1) The fence shall be located behind the front yard setback In all dlslrlcts 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 Induslrlal Dlslrlct the base height standard Is 6'. In all other Industrial dlslrlcts, the
base height standard Is 8'.
(4) In the residential districts, a fence may be IociIted along the properly line. In all other districts, the
fence shall be located behind the slreet yard setback.
(5) Situations where the base fence height may be exceeded: . .
(a) 8' in residential, commercial and the PlO Districts for public utility facilities, schooI!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 properly side and rear yards abutting streets with 4 or
more travel lanes, may have fences of 8' along common property lines and right-of-way.
(b) 10' for residential properties abutting commercial or industrial districts along common
properly 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 may be permitted as
screening devices around parking lots.
(b) Chain link fences shall be permitted only when combined with plantings of evergreen shrubs
or climbing vines that will completely cover the fence(s) within 5 years of installation (as
certified by a landscape architect or licensed nursery operator).
(c) Painted fences shall match the building color scheme of the development area.
(7) No fence shall exceed the 214' height limitation within the vision clearance area as specified In
Section 4.2-130.
(8) Barbed wire, razor wire or electrified fencing shall be permitted atop a six foot chain link fence. The
total height of the fence and barbed wire shall not exceed 8'. These materials shall not extend into
the vertical plane of adjoining public sidewalks. Barbed wire or razor wire only fences are
prohibited. Electrified fencing shall be posted with warning signs every 24 feet.
EXCEPTIONS:
(a) In the PlO District in the Downtown Exception Area and in the MUC, MUE and MUR
Districts, no barbed razor wire or eleclrlfied fences shall be permitted.
(b) In the residential districts, barb-wlre 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.'
SECTION 16: CHAPTER 4 DEVELOPMENT STANDARDS. Section 4.7.105A.ls
hereby amended to read as follows:
1"4.7.105
Accessory Structures
This Subsection regulates structures that are incidental to allowed residential uses to prevent
them from becoming the predominant element of the sne. '
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, stahways, in ground or above ground
swimming pools, tennis courts, and hot tubs.
3. Group C. (Incidental equipment) This group includes generally vertical structures
for example, flag-poles, trellises and other garden structures, play structures,
radio antennas, satellite receiving dishes and lampposts. This group also
includes rooftop solar collectors. Fences are addressed in Section 4.4-115."
SECTION 17: CHAPTER 4 DEVELOPMENT STANDARDS. Section 4.7.140 Is
hereby amended to read as follows:
I "4.7-140 Duplexes
A. A duplex may be on located on comer lots/parcels of 6,000 square feet in the
LOR District, unless as may be pennitted below. A comer duplex or duplex
lotlparcelln 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:ÿ
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
abutting units.
B. Duplexes on interior lots/parcels zoned Low Density Reslden,tial, approved prior
to the adoption of this Code, as part of a Planned Unit Development shall not be
considered to be non-conforming uses.
C. Duplexes on interior lots/parcels 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 lots/parcels zoned Low Density Residentlal, which meets the
density requirements of this zoning district, shall not be considered a non-
conforming use."
SECTION 18: CHAPTER 4 DEVELOPMENT STANDARDS, Section 4.7-180 Is
hereby amended to read as follows:
1"4.7-180
Mixed Use Districts
A. Specific development standards for the MUC District shall be the same as those
specified in Sectlon 3.2-310 as an .S. use and listed in applicable Subsectlons of
Sectlon 4.7-100, and the following:
EXCEPTIONS:
1. Drive-through uses may conflict with safe and convenient movement of
pedestrians and bicycles within MUC Districts. A drive-through use, for the
purposes of this Sectlon, is defined as a business actlvity involving buying or
selling goods or provision of services wherever one of the parties conducts the
activity from within a motor vehicle. Facllitles usually associated with a drive- -
through usually involve queuing lines, service windows, service Islands, and
service bays for vehicular use. Drive-through uses are therefore not permitted in
MUC Districts unless the use Is incidental to a primary site use, and when
designed in conformance with the following standards:
a. The drive-through use shall be limited to service windows which are part
of a primary use structure, and no more than 2 queuing lanes.
b. Drive-up facilities shall be designed so that circulation and drive-up
windows are not adjacent to sidewalks or between buildings and the
street, to the maximum extent practicable.
2. Parking Lots and Parking Structures, Public and Private.
.
.
8. In MUe Districts, surface parking lots abutting public streets shall include
perimeter landscaping and shade trees as specified in Sections 3.2-315
and 4.4-100.
b. Parking structures located within 20 feet of pedestrian facilities, including,
but not limited to: public or private streets, pedestrian accessways,
greenways, transit stations, shelters, or plazas, shall provide a
pedestrian-scale environment on the faltBde facing the pedestrian facility.
One or more of the following techniques may be used:
I. Provide retail or office uses on the ground floor of the parking
structure facing the pedestrian facility;
II. Provide architectural features that enhance the ground floor of a
parking structure adjacent to the pedestrian facility, for example,
building articulation, awnings, canopies, building ornamentation
and art; and/or
III. Provide pedestrian amenities in the transition area between the
parking structure and pedestrian facility, including landscaping,
trellises, seating areas, kiosks, water features with a sitting area,
plazas, outdoor eating areas, and drinking fountains.
c. In MUe Districts, parking lots shall be located beside or behind buildings,
intemalto the development on a site. Existing or new outparcel buildings
between a large parking lot and the street shall be. used to help define the
streetscape, and lessen the visual impact of the parking lot from the
street.
SECTION 19: CHAPTER 4 DEVELOPMENT STANDARDS, Section 4.7-190A. is
hereby amended to read as follows:
I "4.7-190 Professional Offices
A. Professional offices in residential districts are permitted when:
1. The lots/parcels are adjacent to ee, Mue 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 ee, MUe 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."
SECTION 20: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS, Section 5.1-120 is hereby amended to read as follows:
I "5.1-120 Pre-Development Meetings
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 the Pre-Application Report is to give a prospective
applicant the opportunity to discuss an entire development proposal with City Staff. This
meeting is recommended lor large and/or complex proposals to avoid unanticipated costs
or delay during the Ionnal application process.
EXCEPTION: The Pre-Application Report is required lor a Master Plan application as
speclfied In Section 5.13-115.
C. The Pre-Submittal Meeting. The purpose of the Pre-Submittal Meeting Is to provide an
opportunity lor the property owner, applicant and the development team to meet with City
staff to detennlne that an application is complete for processing prior to fonnal submittal to
the City. A compleie application will facilitate the review process. The Pre-Submittal
Meeting will examine key elements of the application, including, but not limited to:
transportation, stonnwater management, wastewater facUities, and landscaping. The Pre-
Submittal Meeting is mandatory for all Site Plan Review, Subdivision, Partition and Master
Plan applications. The Pre-Submittal Meeting is required even if the meetings specified in
Subsections A and B., above have been utilized. Applications shall be reviewed by the
Director within 30 days of receipt to detennine if they meet the requirements specified in
Section 5.4-105 and are complete."
SECTION 21: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS, Section 5.3-115C. is hereby amended to read as follows: .
I "5.3.115 Appeals of the Director's or Hearings OffIcial's Type II Decision
C. Notice. The Director shall provide notice of the public hearing to the property owner,
applicant, if different, the appellant and ali persons who submitted comments or
requested notice of the decision 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."
SECTION 22: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
. APPLICATIONS, Table 5.4-1 Is hereby amended to read as follows:
uTable 5.4-1 Development Applications
.' I . ... I . , '\~}!,:f ~ -1":'- )..:, '(
- .r '_,,", "I' _"1._>, I . I" . C::"i ~-1' .j. .,1.
1:'- , -. " . '.'':''
-. .:.;, :;' .. -
. .. .
- ,~ ...
Accessory Dwelling Unit Type I 5.5-100
Amendment of Development Code Text Type IV 5.6-100
Amendment of Refinement Plan Text or Diagram Tvpe IV 5.6-100
Annexation Type IV 5.7-100
Appeal of a Tvpe II Director's Decision Type III 5.3-100
Appeal of Type III Decision to City Council Type IV 5.3-100
.
.
Appeal of an Expedited land Division Type III 5.3-125
Conceptual Development Plan Type III Applicable Section
Conceptual DevelopmentPlan Amendment Type III Applicable Section
Demolition of Historic landmari<. Type III 3.3-900
Detemination of Non..confomlng Use Status Type I 5.8-100
Development Issues Meeting . Type I 5.1-100
Discretionary Use Type III 5.9-100
Drinking Water Protection Overlay District Type I 3.3-200
Development
Establishment of Historic landmari<. Inventory Type III 3.3-900
Expansion/Modification of a Non-COnfomlng Use Type I! 5.8-100
Expedited land DMsion Type II 5.1-145
Extraterritorial Extension of Water or Sewer Service TYDElIV 3.3-825
Final Site Plan Equivalent Type I 5.17-100
Final Site Plan Review/Development Agreement Type I 5.17-100
Floodplain Development Type I 3.3-400
Hillside Development Overlay District Type II 3.3-500
Historical Commission Review-Major Alteration Type II 3.3-900
Historical Commission Review-Minor Alterations Type I 3.3-900
Home Occupations Type I 4.7-165
HS Hospital Support Overlay District Type I! 3.3-1100
Interpretation involving policy Type IV 5.11-100
Interpretation not involving policy Type II 5.11-100
land Use and Zoning Compatibility Statement Type I 3.1-100
Major Variance Type III .5.21-100
Emergency Medical Hardship Type II 5.10-100
Manufactured Dwelling Pari<. Type II 3.2-235
Manufactured Dwelling Pari<. Space Une Adjustment Type I 3.2-235
Manufactured Home- Temporary Residential Use Type I 3.2-235
Master Plan Type II 5.13-100
Master Plan Amendment Type I or II 5.13-100
Metro Plan Amendment Type I (text) or Type II Type IV 5.14-100
(diagram)
Minimum Development Standards Type 5.15-100
Minor Variance Type 5.21-100
Partition Replat T enlative Plan Type 5.12-100
Partition Tentative Plan Type 5.12-100
Pre-Application Report Type 5.1-100
Property Line Adjustment~ingle Type 5.16-100
Property Line Adjustment~erial Type 5.16-100
Site Plan Modification-Minor Type 5.17-100
Site Plan Review Modification-Major Type 5.17-100
Site Plan Review Tvpe 5.17-100
Solar Access Protection Type 5.18-100
Subdivision Replat Tentative Plan Type 5.12-100
.
.
Subdivision Tentative Plan Type II 5.12-100
Subdivision/Replat Plat Type I 5.12-100
Tree Fellina Penni! Type II 5.19-100
Vacation of Plats, Public Right-of-way, or Other Type IV 5.20-100
Public Property
Vacation of Public Easements Type II 5.20-100
Willamette Greenway Overlay District Development Type III 3.3-300
Wireless Telecommunications SyStems Facilities Type I, II, or III 4.3-145
Zoning Map Amendment Type III 5.22-100'
SECTION 23: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS, Section 5.13-100 Iii hereby amended to read as follows:
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
Purpose
Applicability
Preliminary Master Plan - Review
Preliminary Muter Plan - AppllCBtlon Concurrency
Preliminary Muter Plan - Nelghborllood Meeting
Preliminary Muter Plan - Submittal Requirements
Preliminary Muter Plan - Criteria
Preliminary Master Plan - Conditions
Final Master Plan - RevIew
Final Master Plan - Submittal Requirements
Final Master Plan - Criteria, Recordation and Effective Date
Final Master Plan - Phasing Implementation
Final Master Plan - Modifications
Final Master Plan -Assurance to the Applicant and City Disclaimers"
SECTION 24: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS, Section 5.13-105 Is hereby amended to read as follows:
I '5.13-105 Purpose
A. A Master Plan allows phasing the development of a specific property over several years.
B. The purpose of a Master Plan is to:
1. Facilitate the review of multi-phased developments that are desired to be
constructed over a 3 to 7 year period and ensure that individual phases will be
coordinated with each other over the duration of the Final Master Plan; .
2. Ensure that a full range 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 timely and efficient manner;
.
.
3. Determine specific land uses, a range of minimum to maximum square footage of
non-residential uses and a range of minimum to maximum densities of residential
uses, the arrangement of uses, and the location of public facilities and
transportation systems; .
4. Identify, during the public review process, potential impacts, including, but not
limited to noise. shading, glare, utility capacity and traffic and consider
aitematives for mitigating these impacts to affected properties and/or public
facilities;
5. Provide the property owner an opportunity for the concument review of
discretionary land use decisions; and
6. Provide the property owner with the assurance needed over the long tenn to plan
for and execute the proposed development"
SECTION 25: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS, Section 5.13-110 Is hel'1lby amended to l'1Iad as follows:
1"5.13-110 Applicability
A. Approval of a Master Plan is a two-step process that includes a Preliminary Master Plan
application and a Final Master Plan application. This process applies when the following
criteria are met:
1. The property Is under single ownership; or if the property has multiple owners, all
owners of record consent in writing to the Master Plan review process; and
2. The property is 5 acres or greater and the applicant desires development to be
phased over a period not to exceed 7 years, unless modified as specified in
Section 5.13.135.
EXCEPTION: The Director may allow an exception to the 5 acre minimum, if the
appUcant requests phasing for more than 3 years.
B. A Master Plan may include public, commercial, industrial or residential development, or
any combination thereof."
SECTION 26: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS. Section 5.13-115 Is hereby amended to read as follows:
I "5.13-115 Preliminary Master Plan - Review
A. The Preliminary Master Plan shall be reviewed under Type II procedure.
I
EXCEPTIONS: The Preliminary Master Plan shall be reviewed under Type III procedure
if:
1. During the Pre-Application Report process, the Director detennines that the
proposed development is:
.
.
a. Complex; and/or
b. May have potential impacts on public facilities, including, but not limited to
availability and capacity; and/or other properties including, but not limited
to noise and traffic; and/or
2. The applicant chooses to submit concurrent Type III procedure applications as may
be permitted in Section 5.13-116.8.
B. Prior to the submittal of a Preliminary Master Plan application:
1. A Pre-Application Report application, as specified in Section 5.1-120.8., is required
prior to the formal submittal of the Preliminary Master Plan application.
2. A Pre-Submlttal Meeting application, as specified In Section 5.1-120.C., is required
prior to the lormal submittal of the Preliminary Master Plan application."
SECTION 27: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS, Section 5.13-11618 hereby added:
I "5.13-116 Preliminary Master Plan - Application Concurrency
A. If the applicant requires or proposes to change the Metro Plan diagram and/or text, the
appficant shall apply for and obtain approval of a Metro Plan diagram and/or text
amendment prior to the submittal of the Preliminary Master Plan application. The Metro
Plan diagram and/or text amendment may also require amendment of an applicable
refinement plan diagram or Plan District Map.
B. The Preliminary Master Plan may be reviewed concurrently with other Type III applications
Including a Zoning Map amendment, Discretionary Use, Major Variance, or a Willamette
Greenway Permit application.
C. Subdivision and/or Site Plan applications that initiate the various phases of proposed
development shall not be submitted concurrenUy with the Preliminary Master Plan. These
applications shall not be submitted until Final Master Plan approval is effective, as
specified in Section 5.13-133."
SECTION 28: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS, Section 5.13-117 is hereby added:
I "5.13-117 Preliminary Master Plan - NeIghborhood Meeting
To provide the opportunity lor earty citizen involvement in the Master Plan review process, the
applicant shall provide notice and invite citizen participation by initiating a Neighborhood Meeting.
The meeting shall be scheduled after receipt of staffs response to the Pre-Application Report
application required in Subsection 5.13-1158.1., and prior to the formal submittal of a Preliminary
Master Plan application. The meeting is not intended to produce complete consensus on all
applications. It is intended to encourage applicants to be good neighbors. The applicant shall be
responsible for scheduling and organizing the meeting, arranging the meeting place, notice and all
related costs. City staff will attend the neighborhood meeting in an advisory capacity to answer
.
.
questions. The notice shall provide a brie' description of the proposal and shall be mailed 10 those
property owners and residents within 300 feet of the proposed development. The meeting may be
held in any public or private building capable of accommodating the proceeding. The building
selected should be in the vicinity of the propOsed development. The applicant shall submit a
summary of the questions raised and responses made at this meeting with the Preliminary Master
Plan application as required in Subsection 5.13-120N."
SECTION 29: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS, Section 5.13-120 Is hereby amended to read as follows:
I "5.13-120 Preliminary Master Plan - Submittal Requirements I
The Preliminary and Final Master Plan applications shall be prepared by a professional design
team. Tha applicant shall select a project coordinator. All related maps, excluding vicinity and
detail maps, shall be at the same scale. A Preliminary 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 Preliminary Master Plan
that includes all applicable elements described below and a narrative generally
describing the purpose and operational characteristics of the proposed development.
The narrative shall Include:
1. The existing Metro Plan designation and zoning. Where the proposed Master Plan
site is within an overlay district, Plan District or Refinement Plan the applicable
additional standards shall also be addressed;
2. . The location and proposed number of residential units and/or square footage of
commercial, industrial and/or public uses;
3. The density or intensity of proposed uses, including applicable Floor Area Ratios
(FARs); and
4. The applicant shall attach:
a. A map depicting existing zoning and land uses within 300 feet of the
proposed Master Plan boundary;
b. A Vicinity Map drawn to scale depicting existing bus stops, streets,
driveways, pedestrian connections, fire hydrants and other
transportationlfire access issues within 300 feet of the proposed Master
Plan site; and
c. A legal description of the property within the proposed Master Plan
boundary.
B. A Site Assessment of the entire proposed Master Plan site that precisely maps and'
delineates the existing conditions on the site. Proposed modifications to physical
features shall be clearly indicated. Information required for adjacent properties may be
generalized to show the connections to physical features. A Site Assessment shall
contain the following information, as applicable:
.
.
1. A full size map depicting the proposed Master Plan boundary together with
existing 10Uparcellines;
2. The tOO-year floodplain and f100dway boundaries on the proposed Master Plan
sne, 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 Including, but not limited to significant clusters of trees and
shrubs, wetlands as specified in Section 4.3-117, rock outcroppings and
watercourses shown on the Water Quality Limited Watercourse (WLQW) 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 sne Is located within 150 feet of the top
of bank of any WQLW or within 100 feet of the top of bank of any WQLW direct
tributary, a Riparian Area Protection Report is required;
5. Soil types and water table infonnation as mapped and specified in the Soils
Survey of Lane County. A Geotechnical report prepared by a licensed
Geotechnical Engineer shall be submitted concurrently if the Soils Survey
Indicates the proposed Master Plan site has unstable soils and/or a high water
table; and
6. Existing elevations and contours.
C. A Grading Plan which Includes: existing and proposed elevations and where 2 or more
feet of fill or grading Is anticipated for portions of, or the entire proposed Master Plan site.
On hillsides, the plan shall show pad snes and their relationship to the public right-of-way
with existing 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 Stonnwater Management Plan diagram which includes the stonnwater management
system for the entire proposed Master Plan sne and any impacts on adjacent properties.
The plan shall contain the following components:
1. Roof drainage patterns and discharge locations;
2. Pervious and impervious area drainage patterns;
3. The size and location of stormwater management systems components,
Including, but not limited to: drain lines, catch basins, dry wells and/or detention
ponds; stormwater quality measures; and natural drainageways to be retained
and/or modified;
4. Existing and proposed elevations, site grades and contours; and
.
.
5. A stonnwater management system plan with supporting calculations and
documentation as specified in Section 4.3-110 shall be submitted supporting the
proposed system. The plan, calculations and documentation shall be consistent
with the Engineering Design Standards and Procedures Menual.
E. A Wastewater Management Plan with maps and a narrative depicting the location and
size of existing and proposed wastewater facilities' with supporting calculations and
documentation consistent with the Engineering Design Standards and Procedures
Manual.
F. A Utilities Plan with maps and a narrative depicting the location and size of existing and
proposed water, electrical, gas and telephone service; and the location of existing and
required traffic control devices, fire hydrants, street lights, power poles, transfonners,
neighborhood mailbox units and Similar public facilities.
G. A conceptual Landscape Plan with maps and a narrative Illustrating proposed
landscaping for the entire proposed Master Plan site, including, but not limited to: where
existing vegetation is proposed for preservation, especially riparian and wetland areas
and trees; installation of vegetative buffering; street trees; general landscaping; and a
percentage range for the total amount of required open space, broken down by the type
of open space, public and private, as applicable. A conceptual Landscape Plan is more
appropriate at the Master Plan level. A detailed Landscape Plan will be required during
the Site Plan Review application process required to Implement the Final Master Pian.
H. An Architectural Plan with maps, including:
1. Building elevations, overall commercial, industrial or public floor area, the number
of dwelling units, building height, number of stories and the building location or
building mass of the primary structures (as defined in this Code);
2. Illustrative examples of applicable soe design standards and building materials
may be considered conceptual. In this case, this requirement, if changed in the
future, will not require Final Master Plan modification as specified in Section 5.13-
135; and a
3. Narrative. A narrative providing sufficient infonnation to describe the proposed
Architectural Plan.
I. A Par1<ing Plan and Par1<ing Study.
1. A Par1<ing Plan shall be submitted for all proposed development and shall contain
the following infonnation: .
a. The location and number of proposed par1<lng spaces;
b. On-site vehicular and pedestrian circulation;
.
.
c. Access to streets, alleys and properties to be served, including the
location and dimensions of existing and proposed driveways and any
existing driveways proposed to be closed;
d. The location of and number proposed bicycle spaces;
e. The amount of gross floor area applicable to the parking requirements for
tha proposed use; and
f. The location and dimensions of off-street loading areas, if any.
2. A Parking Study, for other than single family davelopments, with maps and a
narrative depicting projected parking Impacts, Including, but not limited to:
projected peak parking demand; an analysis of peak demand compared to, or
use of, the proposed on-site and off-site supply; potential impacts to the on-street
parking system and adjacent land uses; and proposed mitigation measures, if
necessary.
J. An On-slte Lighting Plan depicting the location and maximum height of all proposed
exterior light fixtures, both free standing and attached.
K. A Public Right-<lf-WaylEasementlPublic Place Map depicting the reservation, dedication,
or use of the proposed Master Plan site for public purposes, including, but not limited to:
rights-<lf-way showing the name and location of all existing and proposed public and
private streets within or on the boundary of the propo5lld Master Plan site, the right-<lf-way
and paving dimensions, and the ownership and maintenance status, if applicable, and the
location, width and constnlction material of all existing and proposed sidewalks; pedestrian
access ways and trails; proposed easements; existing easements; parks; open spaces,
including plazas; transit facilities; and school sites.
L. A Traffic Impact Study, as specified in Section 4.2-105.A.4.. the scope of which may be
established by the Public Works Director. The Traffic Impact Study shall contain maps
and a narrative depicting projected transportation impacts, including, but not limited to:
the expected number of vehicle trips that may be generated by the proposed
development (peak and daily); an analysis of the impact of vehicle trips on the adjacent
street system; and propOsed mitigation measures to limit any projected negative impacts.
Mitigation measures may include improvements to the street system Itself or specific
programs and strategies to reduce traffic impacts such as encouraging the use of public
transit, carpools, vanpools, and other alternatives to single occupant vehicles.
M. A Phasing Plan. The Phasing Plan shall illustrate the proposed location of buildings,
streets, utilities and landscaping. Phasing shall progress in a sequence that provides .
street connectivity between the various phases and accommodates other required public
improvements such as wastewater facilities, stonnwater management, electricity and
water. The Phasing Plan shall consist of maps and a narrative with an overall schedule or
description of on-/off-site phasing including, but not limited to: the type, location and timing
of proposed uses, building locations; proposed public facilities including on-/off-site streets
and traffic signals or other traffic control devices and utilities with the designation of
construction and maintenance responSibility; estimated start/completion dates with a
.
.
proposed type of financial guarantee, including, but not limited to a bond, letter of credit,
joint deposit or other security in a form acceptable to the City, submitted by the property
owner, a future buyer and/or a developer, to ensure planned infrastructure improvements
will occur with each phase, if necessary, or when required by the City, affected local .
agency or the State (the formal submittal of a required guarantee typically occurs during
the Final Master Plan review process and/or development implementation); a statement
of the applicant's intentions with regard to the future selling or leasing (if known at the
time of Preliminary Master Plan submittal) of all or portions of the proposed development
(where a residential subdivision Is proposed, the statement shall also Include the
applicant's intentions whether the applicant or others will construct the homes); and the
relationship of pedestrian and bicycle connectivity and open space requirements to the
proposed phasing.
N. Neighborhood Meeting Summary. The applicant shall submtt a summary of issues raised
at the neighborhood meeting as specified in SecIIon 5.13-117.
O. A copy of all proposed and any existing covenants, conditions, and restrictions that may
control development, if applicable.
P. Annexation. A general schedule of proposed annexation consistent with the phasing plan,
if applicable.
Q. The Director may require additional Information necessary to evaluate the proposed
development, including, but not Bmited to:
1. An ESEE analysis, as may be needed to comply with Statewide Planning Goal 5,
Natural Resources, for site attributes that may not be on an adopted City inventory;
2. A wetland delineation approved by the Oregon Department of State Lands shall be
submitted concurrently with the Preliminary Master Plan application, where there is a
wetland on the proposed Master Plan site; and
3. Historical and/or archaeological studies.
R. Any concurrent land use applications as specified in Subsections 5.13-116B."
SECTION 30 CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLlCA liONS, Section 5.13-125 Is hereby amended to read as follows:
1"5.13-125 Preliminary Master Plan - Criteria
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.
A. PlanlZone consistency. The existing or proposed zoning shall be consistent with the Metro
Plan diagram 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 diagram and maps.
B. Zoning district standards. The Preliminary Master Plan shall be in compliance with
applicable standards of the specific zoning district and/or overlay district.
.
.
C. Transportation system capacity. With the addition of traffic from the proposed
development, there is either sufficient capacity in the City's existing transportation system
to accommodate the development proposed in all future phases or there will be adequate
capacity by the time each phase of development is completed. Adopted State and/or local
mobility standards, as applicable, shall be used to detennine transportation system
capacity. The Preliminal)' Master Plan shall also comply with any conditions of approval
from a Metro Plan diagram and/or text amendment regarding transportation and all
applicable transportation standards specified in SDC Chapter 4.
D. Parking. Parking areas have been designed to: facilitate traffic safety and avoid
congestion; provide bicycle and pedestrian connectivity within the property and to nearby
transit stops and public areas. The Preliminal)' Master Plan shall also comply with all
applicable vehicular and bicycle parking standards specified in SDC Chapter 4.
E. Ingress-egress. Ingress-egress points have been designed to: facilitate traflic safety and
avoid congestion; provide bicycle and pedestrian connectivity within the property and to
adjacent residential areas, transit stops, neighborhood 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 regulations. The Preliminal)'
Master Plan shall also comply with all applicable ingress/egress standards specified in
SDC Chapter 4.
F. Availability of public utilities. Existing public utilities, including, but not limited to, water,
electricity, wastewater facilities, and stonnwater management facilities either have
sufficient capacity to support the proposed development in all Mure phases adequately, or
there will be adequate capacity available by the time each phase of development is
completed. The Public Works Director or appropriate utility provider shall detennine
capacity issues. The Prelimlnal)' Master Plan shall also comply with applicable utility
standards specified in SDC Chapters 4 and 5.
G. Protection of physical features. Physical features, including, but not limited to slopes 15
percent or greater with unstable soil or geologic conditions, areas with susceptibility to
flooding, Significant clusters of trees and shrubs, watercourses shown on the Water Quality
Limited Watercourses (WQLW) Map and their associated riparian areas, wetlands, rock
outcrop pings and open spaces and areas of historic and/or archaeological significance 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 Preliminary
Master Plan shall also comply with applicable physical feature protection standards
specified in SDC Chaptef4.
H. Phasing Plan. The Phasing Plan shall: demonstrate that the construction of required public
facilities shall occur in a logical sequence, either in conjunction with, or prior to each phase,
or that there are appropriate financial guarantees as specified In Subsection 5.13-120M. to
ensure the phased public facilities construction will occur.
I. Adjacent use protection. The proposed Preliminary Master Plan contains design, elements
including, but not limited to landscaping/screening, parking/traffic management, and muiti-
modal transportation that limit and/or mitigate identified conflicts between the site and
adjacent uses."
.
.
SECTION 31: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS, Section 5.13-130 Is hereby amended to read as follows:
I "5.13.130 Preliminary Master Plan - Conditions
The Approval Authority may atlach conditions as may be reasonably necessary to the Preliminary
Master Plan In order to ensure compliance with the approval criteria in Section 5.13-125. and
with all other applicable provisions of this Code. All conditions shall be satisfied prior to Final
Master Plan approval. Certain conditions may require an adequate financial guarantee in a form
acceptable to the City to ensure compliance."
SECTION 32: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS. Section 5.13-13118 hereby added a8 follows:
I "5.13-131 Final Master Plan - Review
A. 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. the Director
may require the Final Master Plan to be reviewed under Type II procedure.
B. A Pre-Submittal Meeting application. as specified in Section 5.1-120.C.. is required prior to
. the formal submittal of the Final Master Plan application."
SECTION 33: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS. Section 5.13-132 Is hereby added as follows:
I "5.13-132 Final Master Plan - Submittal Requirements
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 buildings.
streets. utilities, parl<ing and landscape areas. The Final Master Plan shall Incorporate all
Approval Authority conditions of approval. The Final Master Plan application 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 and diagrams or plan
sheets that required revision as a condition of approval;
2. The specific maps. diagrams. plan sheets or other documents referenced above
that have been revised and/or demonstrate conformance with the Preliminary
Master Plan approval; and
3. Any other information that may be required by the Director.
EXCEPTION: The applicant may request an extension of the Final Master Plan submittal
for up to one additional year. The applicant shall submn the request for the extension in
writing to the Director no later than 30 days prior to the expiration of the Preliminary Master
Plan effective date as specified in Section 5.13-133C. The applicant shall explain why the
request Is necessary and demonstrate how the Final Master Plan application wiil be
submitted within the requested extension time line. The Director may grant or amend the
extension request upon determining that the applicant is making progress on the Final
Master Plan application.
.
.
B. A Pre-Submittal Meeting application, as specified in Section 5.1-120.C.. is required prtor to
the fonnal submittal ofthe Final Master Plan application:
SECTION 34: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS. Section 5.13-133 Is hereby added as follows;
I "5.13-133 Final Master Plan - Criteria, Recordation and Effective Date
A. Criteria. The Approval Authority shall grant Final Master Plan approval upon finding that:
1. The Final Master Plan substantially confonns to the provisions of the Preliminary
Master Plan approval; and
2. All approval conditions have been met or can be guaranteed to be met.
B. Recordation. The applicant shall record a Memorandum of Final Master Plan approval in a
fonnat approved by the City Attorney, any other required documents at Lane County
Deeds and Records and retum a recorded copy of the Memorandum of Final Master Plan
approval and all other applicable documents to the Development Services Department.
C. Effective Date.
1. Final Master Plan approval is effective on the date of recordation of the
Memorandum of Final Master Plan Approval. the effective date, for not more than 7
'years, unless modified as specified in Section 5.13-135.
2. The Final Master Plan remains in effed until the pennitted development has been
construded or n is modified, superseded or expires.
D. Once the Final Master Plan effective dale Is established, all persons and parties, and their
successors. heirs or assigns. who have or will have any interest in the real property within
the Final Master Plan boundary, shall be bound by the tenns and conditions of approval of
the Final Master Plan and the provisions of this Section. Notice of the Final Master Plan
effective date will be mailed to the applicant."
SECTION 35: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS. Section 5.13-134 Is hereby added as follows:
I "5.13-134 Final Master Plan - Phasing Implementation
A. No Subdivision andlor Site Plan Review applications (phasing implementation) shall be
submitted until the Memorandum of Final Master Plan has been recorded. delineating the
effective date, and returned to the City.
B. The approved Final Master Plan shall be the basis for the evaluation of all phases of
proposed development, including Subdivision andlor S~e Plan Review applications.
C. The approved Final Master Plan and all applicable cond~ions of approval shall be
addressed for each Subdivision andlor Site Plan Review application (phasing
implementation) as part of application completeness durtng the Pre-Submittal Meeting
application process, specified in Section 5.1-120C:
.
.
SECTION 36: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS, Section 5.13-13515 hereby amended to read as follows:
I '5.13,135 Final Master Plan - Modlflcatlons
A proposed Final Master Plan modification, or a proposed modification to a Master Plan approved
prior to the effective date of this regulation, shall be processed under the applicable procedures
descnbed below:
A. The following modifications to a Final Master Plan shall be processed under Type I
procedure. These modifications include a request
1. By the applicant to modify the Master Plan phasing schedule for a specltic phase of
development when the proposed change does not affact the construction of
scheduled pubrlC improvements;
2. By the City based on the requirement to implement newly adopted State or Federal
regulations; or
3. By the applicant for a one time extension of the approved time limit for up to 3
years. An extension request shall be filed in writing with the Director at least 60
days prior to the expiration of the Initial 7 year period. If the applicant has made
reasonable progress, as determined by the Director, in the implementation of the
Final Master Plan and public services and public facilities will be available to serve
the'site, the time line extension will be granted.
4. By the applicant for modifications that are less than the 10 percent thresholds
specified in those specific instances specified in Subsection B., below.
B. The following 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, based on the proposed size of the Master Plan site;
and/or the availability/capacity of public facilities; and/or impacts to adjacent properties
including, but not limited to noise and traffic. These modifications include a request:
1. By the applicant if a proposed permitted non-r'esidential use, for example, a church
or a school, affectS the approved Final Master Plan residential density;
2. By the applicant for 10 percent or greater increases or decreases in the overa)1
gross floor area of commercial, industrial or public buildings; the number of dwelling
units; building height; and the location or building mass of the primary structure
(as defined in this Code);
3. By the applicant for increases or decreasas in the amount of approved or required
parking by a factor of 10 percent or greater. The applicant shall provide a new
parking analysis related to the proposal;
4. By the applicant for a Zoning Map amendment or Discretionary Use application;
5. By the applicant for proposals that would Increase the number of PM peak-hour
vehicular trips by 10 percent or greater, except in cases where a trip cap has been
imposed on development of the property. Where such a trip cap is in effect, a
.
.
modification of the land use decision that imposed the trip cap shall be required. In
all cases. the applicant shall provide a Traffic Impact Analysis supporting the
proposal;
6. By the applicant to a~er the placement of interior streets by 10 percent or greater
from their approved location. as long as the modification maintains the connectivity
established by the approved Final Master Pan.
7. By the City or the applicant when essential public infrastructure cannot be provided;
8. By the applicant to modify the Master Plan phasing schedule for a specific phase of
development when the proposed change affects the construction of scheduled
public Improvements;
9. By the applicant for extension of the Rnal Master Plan time limit beyond the
maximum approved time fimit 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
request shall be filed in writing with the Director at least 60 days prior to the
expiration of the Initial 7 year period or any subsequently approved extensions.
The time line extension will be granted provided the applicant has made
reasonable progress in the implementation of the Final Master Plan and public
services and facilities remain available;
10. By the applicant for a change to the approved Final Master Plan boundary.
C. Proposed Final Master Plan modifications other than those described in Subsections A.
and B., above, shall require the submittal of a new Preliminary Master Plan application.
D. The following modifications to the Final Master Plan do not require subsequent land use
review and are allowed upon issuance of a building permit, if required:
1. Building interior improvements;
2. Exterior improvements associated with existing buildings that do not involve a
change in floor area, subject to all applicable base zone development and design
standards and relevant conditions of approval as approved in the Final Master
Plan;
3. Instaftation of new mechanical or electrical equipment, or modifICation of existing
equipment, subject to all applicable base zone development and design standards
and relevant conditions of approval as approved in the Final Master Plan; .
4. Routine maintenance of existing buildings, facilities and landscaping; and/or
E. A Pre-Submittal Meeting application, as specified in Section 5.1-120.C., is required prior to
the formal submittal of the Final Master Plan modification application.
F. For all Final Master Plan modification applications described in Subsections A and B,
above. the applicant shall demonstrate compliance with the following:
.
.
1. Any applicable Preliminary Master Plan criteria of approval specified in Section
5.13-125; and
2. Any other applicable standard of this Code that may be required to justify the
proposed modification.
G. The Master Plan procedures In Appendix 3 of this Code regarding Master Plan
Modifications andlor new Master Plans shall apply 10 properties within the Glenwood
Riverfront Plan District, Section 3.4-200, until these regulations are updated:
SECTION 37: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS, Section 5.13-140 Is hereby amended to read as foll~ws:
I "5.13-140 Final Master Plan - Assurance to the Applicant and City Disclaimers
A. Assurances to the applicant:
1. The applicant is entitled to rely on standards and criteria in effect on the date the
Preliminary Master Plan application was submitted, in accordance with ORS
227.178(3) for the 7 year approval time limit, with a single 3 year extension, or as
otherwise previously approved.
EXCEPTION: Any time line extension proposed for more than a combined total of
10 years shall comply with on standards and criteria in effect at the time of the time'
line extension application submittal as specified In Subsection 5.13-135.8.9.
2. The applicant shall have the right to proceed with development as long as it is in
substantial compliance with the Final Master Plan and other required approvals and
permits, subject 10 any modifications as may be approved as specified in Section
5.13-135.
B. City Disclaimers:
1. The City will 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 will not be obligated to provide public improvements affecting
Implementation of the Final Master Plan if public funds are not available."
SECTION 38: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS, Section 5.14-110A. Is hereby amended to read as follows:
'"5.14-110 Review
A. A Development Issues Meeting is encouraged prior to a formal Metro Plan amendment
application."
SECTION 39: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS. Section 5.15-120H. Is hereby amended to read as follows:
.
.
I "5.15-120 SDC Standards Applicable to MDS Approval
H. The development shall connect to public utilities as specified in Sections 4.3-105, 4.3-110.
4.3-120,4.3-125 and 4.3-1,30 and comply w~h the Springfield Building Safety Codes,
where applicable. Easements may be required as specified in Subsection 4.3-140'-
SECTION 40: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS, Section 5.15-12515 hereby amended to read as follows:
1"5.15-125 Tlmellnes and Conditions
The property owner and/or applicant shall comply with the standards specified in Subsection 5.15-
120 within 90 days of the Dlrilctor's approval as follows:
A. Subm~1 of a Final Plot Plan within 30 days of the Director's approval that states the
starting date of all required improvements demonstrating compliance with all approval
conditions required to meet the standards specified In Subsection 5.15-120. Subm~1 of a
Final Plot Plan shall Include the following additional material, where applicable:
1. The original recorded Improvement Agreemenl
2. Any required OooT Right-of-Way Approach Permit.
EXCEPTION: If the OooT Right-of-Way Approach Perm~ cannot be obtained by
the time line specified in Subsection A., above, the Director may defer the subm~1
of this document until the start of construction date specified in Subsection C.,
below.
3. A copy of a recorded joint use access/parking agreement.
4. A copy of a recorded private easement or the original public util~ easemenl
B. The signing of a Development Agreement by the properly owner within 45 days of the
Director's approval of the Final Plot Plan.
C. 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 D., below.
D. The Director may allow a one-time extension of the 90-<lay start of construction time line
specified in Subsection C., above due to situations including, but not limited to, required
permits from the C~ or other agencies, weather conditions, and the unavailabil~ 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.
E. If the time line established in Subsection C~, above is not met and the applicant has not
requested an extension as specified in Subsection D., above, then the Directorshall
declare the application null and void if the properly is occupied and the property owner
shall be considered In violation of this Code.
F. If the time line established in Subsection C., above is not met and the applicant has
requested an extension as specified in Subsection D., 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."
SECTION 41: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS. Section 5.16-120B.ls hereby amended to read as follows:
I "5.16-120 Submittal Requirements
B. The following additional information shall be submitted with the Preliminary Survey: .
1. A brief narrative explaining reason for the proposed Property Line Adjustment
and the existing use of the lots/parcels.
2. A copy of the current deeds for the lots/parcels.
3. A draft of the Property Line Adjustment deeds. For serial Property Une
Adjustments that are reviewed under Type II procedure, separate deeds shall be
prepared for each adjustment.
4. 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."
SECTION 42: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS, Section 5.20-120C. is hereby amended to read as follows:
I "5.20-120 Submittal Requirements
C. The application shall include:
1. A legal description of the public rights-Qf-way, easement or Plat to be vacated
prepared by an Oregon licensed Land Surveyor or other professional approved by
the Director;
2. The reason for the Vacation;
3. The proposed use of the property alter 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);
d. All adjacent streets including street name, alleys, and accessways, and
. right-of-way and paving widths;
e. All dimensions of existing public utility easements and any other areas
restricting use of the parcels, for example; conservation areas, slope
easements, access easements;
f. Existing dimensions and square footage of the lots/parcels involved;
g. Proposed dimensions and square footage of the lots/parcels Involved
(applies to Vacations of undeveloped Subdivision Plats and right-of-way
Vacations);
h. For public easement and right-of-way Vacations, clearly show dimensions
of entire easement or right-of-way on or adjacent to the subject
lots/parcels. Also clearly show dimensions of that portion proposed for
Vacation, including square footage; and
I. For right-of-way Vacations, demonstrate compliance with the boundary
requirements of ORS 271.080 et seq."
SECTION 43: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLlCA TrONS. Section 5.20-140 is hereby added:
1"5.20-140 Zoning of Vacated Right-of-Way
Vacated right-of-way is incorporated into the abutting properly, typically to the centerline.
However, in cases where only one abutting properly dedicated right-of-way, all the vacated
right-of-way would be incorporated into that properly. In any case, the vacated right-of-way
acquires the zoning of the abutting property, without the need of a separate Zoning Map
amendment-
SECTION 44: CHAPTER 6 DEFINITIONS Section 6.1-110 is hereby amended as
follows: .
"Downtown Exception Area. An area defined by the Willamette River on the west, 8" Street on
the east, the alley between north B and north C Streets on the north, and a line north of the
Southem Pacific Railroad tracks on the south:
"Incidental Equipment Rooftop or pole mounted structures that cast insubstantial shadows or
have minimal visual impact, including, but not limited to: antennas, chimneys, solar collectors,
small satellite dishes and flagpoles, but excluding large satellite dishes (See also Accessory
Structure )."
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-Partition Plat. A final map and other writing containing all the descriptions, locations, I
specifications, provisions and information conceming a partition."
SECTION 45: APPENDIX 3 TEMPORARY GLENWOOD RIVERFRONT PLAN I
DISTRICT MASTER PLAN STANDARDS Is hereby added: I
-Appendix 3
I
TEMPORARY GLENWOOD RIVERFRONT PLAN DISTRICT MASTER PLAN STANDARDS
Section 5.13-100 Masler Plans
Subsections:
5.13-105
5.13-110
5.13-115
5.13-120
5.13-125
5.13-130
5.13-135
5.13-140
Purposa
Applicability
Review
Submittal Requirements
Criteria
Conditions
Modifications to the Master Plan and Schedule
Assurance to the Applicant
15.13-105
Purpose
A.
A Master Plan is a comprehensive plan that allows phased development on a site over
several years for public, commercial, industrial or residential development. A Mast~r
Plan, in this context, is specific to this Code and is not considered to be a refinemeht
plan or any other similar subset of the Metro Plan. By addressing public service impacts
and development requirements at the time of approval of Master Plan. these impaCts
. I
and requirements need not be readdressed at subsequent phases and the developer
I
may rely on the Master Plan approval in implementing the development.
B.
I
I
I
Provide preliminary approval for the entire development area in relation to land
uses, a range of minimum to maximum potential intensities and densities. '
arrangement of uses, and the location of public facilities and transportation
systems when a development area is proposed to be developed in phases;
The purpose of a Master Plan is to:
1.
I
2. Assure that individual phases of a development will be coordinated with each
~~ . . I
3. Provide the applicant an assurance of the City's requirements for the overall
development as a basis for detailed planning and investment by the developer.
The Master Plan shall be approved by the Planning Commission prior to City approlal of
a related Subdivision or Site Plan application; however, the Master Plan may be !
I
C.
.
.
reviewed concurrently with a Zoning Map amendment, Discretionary Use, Variance
and/or any other application or approval sought by the applicant related to the Master
Plan.
D. Subject to prior approval of a Master Plan, a separate Subdivision or Sne 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 n addresses. Phases may be
combined for consideration.
E. Approval of a Master Plan Is effective for up to 7 years; however the approved Master
Plan time limit may be extended pursuant to Section 5.13-135. Modifications to the
Master Plan and Schedule.
15.13-110
Applicability
The Master Plan process applies when Initiated by an applicant when the following 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 writing to the Master Plan review process; and
C. The development area is 5 acres or greater;
D. Notwithstanding the foregoing, 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 Type III procedure, unless the Director determines that
the application should be reviewed as a Type IV decision by the City Council due to the
complexity of the application.
B. A Pre-Application Report application as specified in Section 5.1-100 is required prior to
submittal of a Master Plan application.
15.13-120
Submittal Requirements
A Master Plan shall contain all of the elements prepared in a clear and legible manner
necessary to demonstrate that the provisions of this Code are being fulfilled and shall include
but not be limited to the following:
A. The existing Metro Plan designation and zone classification.
.
.
B.
A vicinity map drawn to scale on a street base map.
C.
A legal description of the property together with a map drawn to scale depicting the legal
boundaries of the subject property. . I
A topography map and narrative depicting present uses of the land, existing struct~res,
streets, significant vegetation, weUands, drainage ways and other relevant natural and
man-made features. I
A site. plan showing location and type of all land uses proposed, approximate acre~ga
and approximate number of units or square footage of uses, adjacent property uses and
relevant features. . I
The density or intensity of proposed uses. I
The maximum height and size of proposed structures. I
I
A public facilities plan showing existing and proposed streets, utilities, sanitary seJer,
natural and piped stonn drainage system, water service, bike and pedestrian waysiand
transit locations. .
D.
E.
F.
G.
H.
I.
Maps and narrative showing off-site public improvements necessary to serve the
proposed development and/or to mitigate impacts to adjacent property or public facilities. .
The Director may require additional infonnation necessary to evaluate the ProPOse~
development, including, but not limited to: an ESEE analysis, geology, soils, storm\yater,
sanitary, tree preservation, historical, archaeological, and traffic impact. All related maps,
excluding vicinity and detail maps, shall be at the same scale.
J.
K.
Provisions, if any, for reservation, dedication, or use of land for public purposes,
including, but not limited to: rights-of-way, easements, parks, open spaces, and school
sites.
L.
An overall schedule or description of phasing; and the development to occur in each
phase. If phasing alternatives are contemplated, these alternatives shall be described.
I
i
Where off-site or other infrastructure Improvements are required, the applicant shall
specify the timing and method of securing the improvement, including bond, letter of
credit, joint deposit or other security satisfactory for said improvement construction.
Designation of responsibility for providing infrastructure and services.
M.
N.
o.
A general schedule of annexation consistent with the phasing plan, If applicable.
15.13.125
Criteria
.
.
A Master Plan may be approved if the Planning Commission finds that the proposal conforms
with all of the following approval criteria. In the event of a conflict with approval criteria in this
Subsection. the more specific requirements apply;
A. The zoning of the property shall be consistent with the Metro Plan diagram and/or
applicable Refinement Plan diagram. Plan Dislricl map, and Conceptual Development
Plan; .
B. The request, as conditioned, shall conform to applicable Springfield Development Code
requirements. 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 any capacity rliqulrements of
publiC facilities plans; and provisions are made to assure construction of off-site
improvements in conjunction with a schedule of the phasing;
D. The request shall provide adequate guidance for the design and coordination of Mure
phases;
E. Physical features. including, but not limited to: steep slopes with unstable soli or geologic
conditions; areas with susceptibility of flooding; significant clusters of trees and shrubs;
watercourses shown on the WQLW Map and their associated riparian areas; other.
riparian areas and weOands specified in Section 4.3-117; rock outcroppings; open
spaces; and areas of historic and/or archaeological significance, as may be specified in
Section 3.3-900 orORS 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 negative
impacts as specified in this Code to ensure that the proposed development can fully meet the
criteria of Section 5.13-125. and may require guarantees to ensure compliance. Additionally. the
approval may contain any conditions necessary to implement the provisions of Section 5.13-120
including a schedule of fees and charges. a schedule of compliance review and the extent to
which the Master Plan is assignable.
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 underlying 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 significant, but do not affect the basic underlying assumptions of
the approved Master Plan, shall be processed under Type II procedure, These
modifications include a request:
1. By the applicant for e change of density allocation with in the density range
allowed in the applicable zoning district;
2. By the applicant for a change to the alignment of right-of-way requirements of
local streets;
3. By the applicant or City for a change to the sizes or location of public facilities;
4. By the applicant for a change of scheduled phasing beyond the approved time
limit for the phased development when the proposed change affects the
construction of scheduled public improvements;
5. By the City based on the requirement to implement newly adopted State or
Federal regulations;
6. By the applicant for a I-time extension of the approved time limit for up to 3
years. The time line extension will be granted provided the applicant has made
reasonable progress in the implementation of the Master Plan and public
services and facilities remain ,available;
7. By the applicant to alter significant natural resources, wetlands. open space
areas, archaeologic and historic features beyond the scope of the approved
Master Plan; or
8. By 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 underlying basic assumptions of the approved Master
Plan or that prohibit, restrict or significantly affect its implementation shall be processed
under the Type III procedure, and include:
1. A Zoning Map amendment or Discretionary Use application initiated by the
applicant;
2. A request for the re-allgnment or re-designation of arterial or collector streets
initiated by the applicant;
3. The inability of the City or the applicant to provide essential public infrastructure;
.
.
4.
A request by the City based on the requirement to implement newly adopted
State or Federal regulations;
5.
A request 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 original Master Plan approval date; or
6.
Other changes to the final approved Master Plan as requested by the applicant
that the Director determines to be similar to the modifications specified in this
Subsection.
Assurance to the Appllcent
15,13.1410
A. . Approval of the Master Plan shall assure the applicant the right to proceed with the
development in substantial conformity with the Master Plan, subject to any modifications
as may be approved as specified In Section 5.13-135. Changes to Ordinances, policies
and standards adopted after the date of approval of the Master Plan shall not apply to
the development.
B. Phase approvals shall occur through 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
any issues which it addresses. Approval of development phases will be granted subject
to the terms and conditions of the Master Plan, but subject to the applicable
Development Code provisions and City Ordinances on issues which the Master Plan
does not address.
D. Notwithstanding the preceding provision, the City shall not be obligated to provide public
improvements affecting Implementation of the Master Plan if public funds are not
available.
E. The City shall not be required to approve development of any 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 original returned to the City."
.
.
SECT ON 46; Severability Clause. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid or unconstitutional by a court of competent
jurisdiction, such portion shall be deemed a separate, distinct and individual provision and such
holding shall not affect the validity of the remaining portions hereof.
SECTION 47: The Springfield Common Coundl has reviewed the findings and
conclusions set forth in the staff report (Case Number 2008-00011). and adopts them in support
of this Ordinance as Exhibit 1 alladhed hereto.
ADOPTED by the Common Coundl of the City of Springfield by a vote of -L for and
_ against, this ~ day of March ,200..11..:
. APPROVED by the Mayor of the City of Spring!ield, this ~ day of March
200~.
ATTEST:
Clty~
I
":!" '- "'f"f"'':')r''t'I:-n
City of Springfield. Oregon
CERI1AED TRUE coPy
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ORDINANCE NO. 6238
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(jSGl::Ji:~ II"S X\':i :i;:' iiO :1.1.L GO 0:: "SO
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.
10.600-10
lane Code
10.600-25
SPRINGFIELD URBAN GROWfH BOUNDARYIEUGENE URBAN GROWTH
BOUNDARY
10.600-10 Springfield Urban Growth Boundary.
The City of Springfield shall have the responsibility and the authority to administer its
land use regulations on urbanizable land within the Springfield Urban Growth Boundary.
For the purpose of this subsection, the following words and phrases shall mean:
( I ) Sprinlzfield Urban Growth BoundaJy. All land within the Urban Growth
Boundary, as defined by the Eugene-Springfield Metropolitan Area General Plan on
November 21, 1989, or as amended thereafter on the effective date of any Plan
amendment enacted by Lane County, east of .-5.
(2) Urbanizable Land. Urbanizable lands, as defined by the Eugene-
Springfield Metropolitan Area Plan, are those unincorporated lands between the
Springfield City Limits and the Springfield Urban Growth BoundaJy. (Revised by OrdiNJ1lCe
No. 16-86. /1.14.86; II-M. /1.21.89; 3-99. 8.27.99)
10.600-15 AppUcable Land Use RegulaliollS.
Lane County has adopted the following land use regulations to be applied by Springfield
on utbanizable land within the Springfield Urban Growth BoundaJy.
(I) The Springfield Development Code adopted by the Lane County Board of
Commissioners as part of Ordinance No. 16-86, and amended by Ordinance Nos. 5-89,
18-90,9-91. 13-91, 14-92,5-93, 13-94,3-97,7-99,10-00,13-04, 2"{)5, 2..{)6, 16..{)7 and
4-09.
(2) Copies of these applicable land use regulations shall be on file at the Lane
County Land Management Division. (Revised by Ordirrona! No. /6-86. Effective 1/.14.86; 5-89.
5.31.89: //-89, 1/.2/.89; /8-90. 12./9.90: 9-9/, 9.20.9/: /3-91. 9.25.91: /4-92. /.8.93: 5-93. 8.26.93; 13-
94. /.//.95: 3.97. 4.18.97; 7-99. 12.8.99; /1J4J0. 12.13.00; 1341. 7.1.04; 2-05.9.9.05; 2-06. 4.14.06; 16-07,
1.4.08)
10.600-20 Engene Urban Growth BonDdary.
The City of Eugene shall have the responsibility and the authority to administer its land
use regulations on urbanizable land within the Eugene Urban Growth BoundaJy. For the
purpose of this subsection, the following words and phrases shall mean:
(1) EUl!ene Urban Growth BoundaJy. All urbanizab1e land within the urban
growth boundaJy, as defined by the Eugene-Springfield Metropolitan Area General Plan,
on November 21, 1989, or as amended thereafter on the effective date of any Plan
amendment enacted by Lane County, which is west ofI-5.
(2) Urbanizable Land. Urbanizable lands are those unincorporated lands
between the Eugene City Limits and the Eugene Urban Grown BoundaJy. (Revised by
Ordinance No. /8-86. Effective 4.27.87; 21~7. 11.25.87; / 1~9. /1.2/.89; 3-99. 7.28.99)
10.600-25 Applicable Land Use Regulations.
Lane County has adopted the following land use regulations to be applied by Eugene on
urbanizable land within the Eugene Urban Growth Boundary.
(1) The Eugene Land Use regulations as adopted by the Lane County Board of
Commissioners as part of Ordinance No. 18-86 as amended in Ordinance Nos. 16-87, 5-
88,6-88,7-88,1-89,2-89, 13-89,2-90,2-91,12-91,14-91,7-92, 10-00,2-02 and 3-02.
(2) Copies of these applicable land use regulations shall be on file at the
Lane County Land Management Division. (Revised by Ordinance No. 18~6. Effective 4.27.87; 2/-
87, /1.25.87; /:HJ9.1.12.90; 2-90, 7.20.90; 2-9/. 3.29.9/; /2-9/, 9.20.9/; 14-9/. 9.25.9/; 7-92. 8.28.92; fO-
00, /2./3.00; 2-02.2./3.02; 3-02,2.13.02)
LC 1 0.345_ 6OO.0000I.BCCREV .doc
10-814
LCIO.34S_600
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.
At rigbt margin Indicat.. cbang..
Bold indica'" material being added
Et'i_Ih....gh iadicata material being deleted
10.600-10 Lane Code 10.600-25
SPRINGFIELD URBAN GROWTH BOUNDARYIEUGENE URBAN GROWTH
BOUNDARY
LEGISLATIVE
FORMAT
10.600-10 Springfield Urban Growtb Boundary.
The City of Springfield shall have the responsibility and the authority to administer its
land use regulations on urhanizable land within the Springfield Urhan Growth Boundary.
For the purpose of this subsection, the following words and phrases shall mean:
(I) Snrinldield Urhan Growth Boundarv. All land within the Urhan Growth
Boundary, as defined by the Eugene-Springfield Metropolitan Area General Plan on
November 21, 1989, or as amended thereafter on the effective date' of any Plan
amendment enacted by Lane County, east of 1-5.
(2) UrhanilBble Land. UrbanilBble lands, as defined by the Eugene-
Springfield Metropolitan Area Plan, are those unincorporated lands between the
Springfield City Limits and the Springfield Urhan Growth Boundary. (Revised by Ordinance
No. /6-&, //.24.86; //-89. //.2/.89; 3-99. 8.27.99)
10.600-15 Applicable Land Use Regulations. .
Lane County has adopted the following land use regulations to be applied by Springfield
on urbanizable land within the Springfield Urhan Growth Boundary.
(1) The Springfield Development Code adopted by the Lane County Board of
.Commissioners as part of Ordinance No. 16-86, and amended by Ordinance Nos. 5-89,
18-90,9-9], 13-91, 14-92, 5-93, 13-94,3-97,7-99, 10-00, 13-04, 2~5, 2~6, 1IIKI-]~7
and 4-09.
(2) Copies of these applicable land use regulations shall be on file at the Yme
County Land Management Division. (R~ised by Ordinance No. /6-86. Effective 11.24.86; 5-89,
53/.89; //-89. //.2/.89; /8-90. /2./9.90; 9-9/. 9.20.9/; /3-9/, 9.25.9/; /4-92, /.8.93: 5-93. 8.26.93; /3-
94. /.//.95; 3-97. 4./8.97; 7-99. 12.8.99; /(}.(JO, /2./3.00; /34)4. 7./.04; 24)5. 9.9.05; 2-06. 4.14.06; /6-07.
/.4.08)
10.600-20 Engene Urban Growth Bonndary.
The City of Engene shall have the responsibility and the authority to administer its land
use regulations on urbanizable land within the Eugene Urhan Growth Boundary. For the
purpose of this subsection, the following words and phrases shall mean:
(I) Eu!!ene Urban Growth BoundaJv. All urbanizable land within the urban
growth boundary, as defmed by the Eugene-Springfield Metropolitan Area General Plan,
on November 21, 1989, or as amended thereafter on the effective date of any Plan
amendment enacted by Lane County, which is west ofl-5.
(2) UrhanilBble Land. Urbanizable lands are those unincorpotated lands
between the Eugene City Limits and the Eugene Urban Grown Boundary. ~iMd by
Ordinance No. /8-86, E;jJective 4.27.87; 2/-87, //.25.87; / /-89. / /.2/.89; 3-99. 7.28.99)
10.600-25 Applicable Land Use Regulations.
Lane County has adopted the following land use regulations to be applied by Eugene On
urbanizable land within the Eugene Urban Growth Boundary.
(I) The Eugene Land. Use regulations as adopted by the Lane County Board of
Commissioners as part of Ordinance No. 18-86 as amended in Ordinance Nos. 16-87,5-
88,6-88,7-88, 1-89,2-89, 13-89,2-90,2-91, 12-9], 14-91,7-92, 10-00, 2~2 and 3-02.
(2) Copies of these applicable land use regulations shall be on file at the
Lane County Land Management Division. (Revised by Ord~ No. 18-86, Effective 4.27.87; 2/-
8? 1/.25.87; /3-89.1./2.90; 2-90.7.20.90; 2-9/,3.29.91; /2-91. 9.20.9/; 14-91. 9.25.91; 7-92.8.28.92; /0-
00, /2./3.00; 2-02, 2./J.02; 3-02, 2./J.02)
LC I 0.345_600.0000 1. LEGVER.doc
10-814
LCIO.J45_600
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EXHIBIT B
Ordinance No. If -09
Findings of Fact and Compliance With
Statewide Planning Goals
1. City of Springfield has updated and amended the Springfield Development Code
(SDC) 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 in 2007. .
2. Proposed Master Plan amendments. 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:
a. Incomolete aoolications - 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).
b. The lack of a formal Final Master Plan review .orocess - by establishing a specific
Preliminary Master Plan application review process (see Sections 5.13-115
through 5.13-130) and a specific Final Master Plan application review process
(see Sections 5.13-131 through 5.13-134).
c. The broad ouroose statement - by stating that the Master Plan specifically
applies to phasing of development over several years (see Section 5.13-105).
d. The appropriate level of review - by limiting the Master Plan process purpose to
phasing, the level of Preliminary Master Plan review can be reduced from an
initial Type IIII1V procedure to an initial Type 11/111 procedure. The Final Master
Plan application is specified as a Type 1/11 procedure (see Sections 5.13-115 and
5.13-131).
e. Broad Preliminarv Master Plan submittal reauirements and approval criteria - by
establishing clearer Preliminary Master Plan submittal requirements and approval
criteria sections (see Sections 5.13-120 and 5.13-125).
1. Vacue reaulation - by deleting the reference to "basic underlying assumptions.
that had to be addressed during the Master Plan modification process (see
Sections 5.13-120 and 5.13-135).
g. 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).
2. Proposed Drinking Water Protection Overlay District amendments: 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.
3. Proposed Scrivener's Errors amendments. The reformatted Springfl8ld
Development Code (SDC) was adopted by the Springfield City Council on
September 17, 2007. The reformatting process was a substantial undertaking that
resulted in the reorganization of hundreds of Code regulations in what were formerly
45 "Articles" into 6 Chapters. The volume of the reorganization task resulted in some
unintentional omissions; some inaccurate references due to renumbering; and some
errors in punctuation known as Scrivener's errors. Thus, on December 3, 2007 the
. City Council adopted the first round of what are called Scrivener's errors. The
proposed SDC amendments in this staff report are the second, and hopefully the last
round of Scrivener's errors. The proposed amendments do not include policy or
policy implementation changes.
Lane Code, The Eugene-Sprlngfield Metro Plan, State Law And Statewide Planning
Goals
Lane Code 10.315-20 establishes criteria that must be met in order to approve this
request. UZonings, rezonings, and changes in the requirements of this chapter
shall be enacted to achieve the general purpose of this chapter and shall not be
contrary to the public interest. In addition, zonings and rezonings shall be
consistent with the specific purposes of the Zone District classification proposed,
applicable Comprehensive Plan elements and components, and Statewide
Planning Goals for any portion of Lane County which has not been acknowledged
for compliance with the Statewide Planning Goals by the Land Conservation and
Development Commission. Any zoning or rezoning may be effected by Ordinance
or Order of the Board of County Commissioners, the Planning COmmission or the
Hearings Official in accordance with the procedures In this section. "
The Eugene-Springfield Metropolitan Area General Plan (Metro Plan) is the applicable
Comprehensive Plan. Adoption of consistent development regulations for application to
urbanizable lands that are transitioning into urban uses is not contrary to the public
interest, as it provides clear guidelines for urban development throughout the urban
transition area of Springfield. These amendments are consistent with and support the
purposes of the existing applicable zone district classifications. Therefore, the adoption
of the SDC amendments by reference for application to developing property in the
. urbanizable area of Springfield meets the general purpose of this chapter, and will be
specifically referenced in Lane Code 10.600-20. These findings respond to applicable
Metro Plan policies, the Statewide Planning Goals and applicable State Statutes.
SDC 5.6-115 of the Springfield Development Code establishes criteria that must be met
in order to approve this request.
"In reaching a decision on these actions, the Planning Commission and the City
Council shall adopt findings which demonstrate conformance to the following: A.
.
.
The Metro Plan; B. Applicable State statutes; and C. Applicable State-wide
Planning Goals and Administrative Rules. "
A. The Metro Plan;"
"The Eugene-Springfield Metropolitan Area General Plan [Metro Plan] Is the
official long-range general plan (public polley document) of metropolitan Lane
County and the cities of Eugene and Springfield. Its policies and land use
designations apply only within the area under the Jurisdiction of the Plan. The
Plan sets forth general planning policies and land use allocations and serves as
the basis for the coordinated deVelopment of programs concerning the use and
conservation of physical resources, furtherance of assets. and development or
redevelopment of the metropolitan area. " P. 1-1
Staff Response and Flndina:
The proposed Master Plan amendments involve proposed process changes discussed
in general in 8.1., above and specifically in the proposed text in Attachment 4. The tenn
"Master Plan" is mentioned in the Metro Plan, but not in the context of Springfield's
utilization of the word. In the Metro Plan there is a reference to the Eugene Airport
Master Plan and Local Facility Master Plans. Springfield's use of the tenn "Master Plan"
regards approval of phased development for at least 7 years. The proposed amendment
to the Master Plan regulations concerns an existing process. When this process was
added to the SDC in 1994, that application addressed all applicable Metro Plan policies.
Therefore, there are no applicable Metro Plan policies that apply to this proposed
amendment.
The proposed Drinking Water Protection Overlay District amendments involve changes
in the Fire Code. There are no policy implementation issues regarding this amendment.
While there are goals, findings and policies in the Metro Plan's Environmental
Resources Element, the proposed Drinking Water Protection Overlay District
amendments amend existing regulations and regard Fire Code references/text only.
When this process was added to the SDC in 2000, that application addressed all
applicable Metro Plan policies. Therefore, there are no applicable Metro Plan policies
that apply to this proposed amendment.
The proposed Scrivner's errors amendments correct; they do not seek to add, delete or
amend the intent, purpose or meaning of any of these provisions, regulations or
standards. Nothing about the original instruction from Council during the SDC Refonnat
Project allowed any change to policy implementation; nothing about the reformatting end
product contained any change to policy implementation; nothing about any of these
proposed corrections changes any policies or the implementation of policies held forth in
this Code. The Springfield Development Code implements Metro Plan policies. The .
proposed amendments do not rise to the Metro Plan policy level. The proposed
amendments, as with the refonnatted Code, continue to implement the Eugene-
Springfield Metropolitan Area General Plan as demonstrated in the findings of Journal
LRP 2007-00020 adopted on September 17, 2007. Therefore, there are no applicable
Metro Plan policies that apply to this proposed amendment.
.
.
UBJAppn~b~Sm~smt~e~U
Staff Response and Flndina:
As stated under criterion A., above, the proposed Master Plan amendments revise
existing procedure and the proposed Drinking Water Protection Overlay District
amendments are necessary due to changes in Fire Code regulations. The Scrivener's
error amendments are undertaken exclusively to correct omissions, reference citations
and punctuation that resulted in the reformatting of the Springfield Development Code.
Nothing contained in any of these proposed amendments is of sufficient magnitude,
impact or effect to rise to the level of assessment intended by the application of state
statutes. Excapt as specified below in response to ORS 197.610, there are no other
applicable ORS that apply.
POST ACKNOWLEDGEMENT PROCEDURES
ORS 197.610
"197.610 Local government notice of proposed amendment or new regulation;
exceptions; report to commission.
(1) A proposal to amend a local government acknowledged comprehensive plan or
land use regulation or to adopt a new land use regulation shall be forwarded to
the Director of the Department of Land Conservation and Development at least 45
days before the first evidentiary hearing on adoption. The proposal forwarded
shall contain the text and any supplemental information that the local government
believes is necessary to inform the director as to the effect of the proposal. The
notice shall include the date set for the first evidentiary hearing. The director shall
notify persons who have requested notice that the proposal is pending.
(2) When a local government determines that the goals do. not apply to a particular
proposed amendment or new regulation, notice under subsection (1) of this
section is not required. In addition, a local government may submit an amendment
or new regulation with less than 45 days' notice if the local government
determines that there are emergency circumstances requiring expedited review. In
both cases:
(a) The amendment or new regulation shall be submitted after adoption as
provided in ORS 197.615 (1) and (2); and ,
(b) Notwithstanding the requirements of ORS 197.830 (2), the director or any other
person may appeal the decision to the board under ORS 197.830 to 197.845......
Staff ResDonse and Findina:
Although these amendments have no direct impact or consequential degree of impact on
the Goals, staff FedExed the 45 day notice to Department of Land Conservation and
Development (DLCD) prior to the first evidentiary hearing at the city as required on
August 22, 2008. The first hearing was be held by city Planning Commission on October
7, 2008. The Department received notice of cOuncil adoption as specified in (2)(a)
above. Lane County submitted an update to add Lane County as co-adopting
juirsdiction to the DLCD Notice of Proposed Amendment to co-adopt the SDC
Amendments.
.
.
"C. Applicable State-wide Planning Goals and Administrative Rules."
GOAl 1: CITIZEN INVOLVEMENT - OAR 660-015-0000(1)
GOAL 2: LAND USE PLANNING OAR 660-015-0000(2)
GOAL 3: AGRICULTURAL LAND OAR 660-015-0000(3)
GOAL 4: FOREST LANDS OAR 660-015-0000(4)
GOAL 5: NATURAL RESOURCES, SCENIC AND HISTORIC AREAS, AND OPEN
SPACES OAR 660-015-0000(5)
GOAL 6: AIR, WATER AND LAND RESOURCES QUALITY OAR 660-015-0000(6)
GOAL 7: AREAS SUBJECT TO NATURAL HAZARDS
GOAL 8: RECREATIONAL NEEDS OAR 660-015-0000(8)
GOAL 9: ECONOMIC DEVELOPMENT OAR 660-015-0000(9)
GOAL 10: HOUSING OAR 660-015-0000(10)
GOAL 11: PUBLIC FACILITIES AND SERVICES OAR 660-015-0000(11)
GOAL 12: TRANSPORTATION OAR 660-015-0000(12)
GOAL 13: ENERGY CONSERVATION OAR 660-015-0000(13)
GOAL 14: URBANIZATION OAR 660-015-0000(14)
GOAl 15: W1LLAMETTE RIVER GREENWAY OAR 660-015-000(15)
GOAL 16: ESTUARINE RESOURCES OAR 660-015-000(16)
GOAL 17: COASTAL SHORELANDS OAR 660-015-000(17)
GOAl 18: BEACHES AND DUNES OAR 660-015-000(18)
GOAL 19: OCEAN RESOURCES OAR 660-015-000(19)
Staff ResDonse and Flndina:
Goal 1 Citizen Involvement: The city public hearings to consider these amendments
were noticed in the Eugene Register Guard on Monday, September 29, 2008. A public
hearing on these amendments was conducted by the city Planning Commission on
Tuesday, October 7, 2008; and a public hearing was conducted by the City Council on
Monday, November 17, 2008. In addition, the city held a Planning Commission work
session on September 16, 2008 and a City Council work session on November 3, 2008.
The proposed 'Master Plan amendment, specifically, SDC Section 5.13-117 adds
.
.
language that requires an applicant to schedule and hold a public meeting to explain the
proposed development to neighboring property owners prior to the public hearing
process. This 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.
Lane County noticed the public hearing before the Board of Commissioners in the
Register Guard on Wednesday, August 26. A public hearing was held by the Board on
adopting these amendments for application within the urbanizable area of Springfield on
September 16, 2009.
Goal 2 Land Use Planning: Although these amendments are exclusively corrections to
an existing land use document, that document was adopted in compliance with the
Goals; implements an acknowledged comprehensive plan in compliance with the Goals;
and therefore furthers the state's interest In the proper and appropriate observation of
land use planning goals and guidelines.
Goals 3-15. Except for portions of the Master Plan process and the changes to the Fire
Code references in the Drinking Water Protection Overlay District, these amendments
do not change any of the provisions, standards or regulations in the recenUy reformatted
Code. However, nothing about these amendments rises to the level of assessment of
impact or relation to the Goals contemplated by the legislature or the Commission when
post acknowledgment provisions were adopted.
Goals 16-19. These goals do not apply because there are no coastal, ocean, estuarine,
or beach and dune resources within the City's jurisdiction.
There are no State-wide Planning Goals or Administrative Rules which apply to this
amendment or which this amendment seeks to implement other than compliance with
Goal 1, Citizen Involvement, pertaining to public notice for these proposed amendments
and the Master Plan neighborhood meeting process. Notice of Planning Commission
and City Council work sessions and public hearings were printed in the Eugene Register
Guard and placed on the City's web site on September 29, 2008. Notice of the Lane
County hearing was 'printed In the Register Guard on WedneSday, August 26, 2009.
CONCLUSION
Staff has demonstrated consistency with criteria of approval listed in Lane Code Chapter
10, SDC Chapter 5, Section 5.6-115; with Metro Plan policies; with Slate statutes; and
with State-wide Planning Goals and Administrative Rules where such law applies to
these amendments. Staff recommends the Board adopt Ordinance No. -H--09 for
amendment of Chapters 3, 4, 5 and 6 of the SDC as applicable within the Springfield
urban growth boundary.
.
.
LEGISLATIVE FORMAT
MASTER PLAN PROCESS
DRINKING WATER PROTECTION OVERLAY DISTRICT
SCRIVENER'S ERRORS
SECTION 5.13-100 MASTER PLANS
Attachment :1
Commentary. Current Section 5.13-100 is deleted in its entirety to make room for the
proposed amendments. However. the tenn "Master Plan" is currently mentioned In SDC
Sections 3.4-215 through 3.4-225 (the G/enwood Riverfront Plan District). This current version
wl71 be placed in SDC Appendix untO such time as the Glenwood Refinement Plan and the
G/enwood Riverfront Plan DiStrict ara updated. Text proposed to be deleted is shown as: [6lFike
tflreugh]. Language proposed to be added is shown as: lanauaae added.
[SeatleA 5.13 1 gg Master PlaA6
I &.13 10& PUfIIsse
A. A Mas:ter RaA is a sempreheRSi')9 pleA #let 8119\-16 pf:tasiAg at a &poeifis ge~.~lapFAeRt area
ever S9'IOFaI yeaF6 fer (3l:1blis, 66R1meF6ial, iAa1;lstrial Sf FesiEteRtial d(welefJRlBRt. .~. Master
PlaA. iA this 6eRtelEt is sf)9aifis la this ~9de SAd is Rat 66RSideFeEt Ie ge a FefiAemeRt plaR
sr any ather similar slJbset at lIle MelFe PlaR. By aElElRlsGiFl!llllJblie seMse imllaGt6 aREI
EtevelapFR8Rt FeEll;liFefAeAls at tho time af appmval af Master PleA, theta imps. sAEI
Fel:\lIiFements ReeEl Flat be reaElelresssa at slJbseEllJeRt Ilt:!ases aRa It:!e ae'lelSller may r~ly
SA tl=te M3&tor P-taA a(3'fJFBval iR imf:llemeRtiR!:J IRe Ele'JelepmeRt.
8. Tt:!e IllJFJlsse sf a Masler PlaR is Ie:
1. PHl':iEle IlFeliminar:y allllreval fer the SFltiRl Ele'1B1ellmeRt aFEla iR RllatieR te laREI
Idees, a FaRgS at miRimblFR te mwaFRblFR peteRtial iAteASitios SAd EleAsities,
aFl'an!lemeRt of lIses. aREI lAe Iseatian at IllJblis faGilities aREllRIRsllaFlatisR sy&tems
wl'leR a E1svolellment area is pRlIlSseEl ta be Ele'/elelleEl iR Ill'lases;
2. Ass!,Jr~ lAat iAaiviEllJallll'lases af a Ele"'B1ellmeRt will be GBSl'6iRateEl':lith eaet:! slAer;
3. PRl'liEle lIle alllllieaFlt aR aSGlJFanGe at lAe City'-s 9l{pestatisR far lAe SVBFaIl
Ele'.'BISllmeRt as a basis fer ElalaileEllllaRFliR!l anEl in\'BstmeRI by lAa Elevelsller.
C. The PlaFlRiR!l CammissioA shall allllr~'1B lAe Masler PlaR pFisr Ie City allPRlval sf a Rllatea
Sl,IeElivisisR sr Site PlaR alllllisatiaR; I'ls....'B'IBF. tt:!e Master PlaR may be FEl'naweEl
eOAGl.IA"8Atly'.\'ith a lelRing Map ameR8m8At, DisGFetioRary Usa, ~FiaRGe aAa/()r aAY atl=lar
allllliealisR or allllRlvsl selJ!lt:!t by the alllllieaRI FEllaleEl te tt:!a Masler PlaR.
D. SlJbjsst le prier allIlRl'1a1 Elf a Masler PlaR, a sSllar-ale SlJoEli'lisien sr Site PlaA appliGalisA
shall be allflRlvea fer eaElh Ilt:!ase. The Macter PlaR shall be Ills basis for the e'laluatisn of
all Ilhases of Ele':elsllmeAt eA aAY issues that it aElElRlssos. Pl'lasos may be GSmeiAeEl far
eSRsiEleFatisR.