HomeMy WebLinkAboutNotice PLANNER 3/4/2009
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MAILING DATE OF NOTICE:
DATE OF DECISION:
EFFECTIVE DATE:
JOURNAL NUMBER:
APPLICANT:
March 4, 2009
March 2, 2009
April 1 , 2009
LRP 2008-00011
City of Springfield
Date Received:
Planner: GK
03 Olf 07
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.; 3.3-910B.; 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.; 5.1.5-
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 intent of the proposed amendments is to:
1. Establish a clearly defined Master Plan review process (Section 5.13-100)
2. Address updated Springfield Fire Code regulations in the .oWP Overlay District (Section 3.3-
200).
3. Eliminate Scrivener's errors that resulted as part of the SDC reformat project adopted by the
Council in 2007 (various Sections).
The Planning Commission held a work session on the proposed amendments on September 19,
2008, and a public hearing on October 7,2008, which was held over until December 2, 2008. At
that meeting, the Planning Commission voted 6-0, with one abstention to recommend that the City
Cou.ncil approve the amending Ordinance. There was public testimony regarding the Master Plan
review process. The proposed Master Plan text includes staff's responses to comments raised by
private sector planners who submitted oral and written comments and the Planning Commission's
comments. There was no public testimony regarding the proposed DWP Overlay District or
Scrivener's errors amendments. The City Council held a work session on the proposed
amendments on January 26, 2009 and a public hearing (first reading) on February 17, 2009. No
one testified for or against the proposed amendments. On March 2, 2009 the City Council voted 6-
o to approve the amending Ordinance.
If you have questions concerning the amendment or the decision of the City Council in this
matter, please contact Gary M. Karp, Senior Planner at 541.726.3775. E-mail address:
qkarp@cLsprinqfield.or.us. The adopting ordinance, along with supporting staff reports and
documents, are available for review between 8:00AM and 4:00PM, at the Development Services
Department counter, Springfield City Hall, at 225 Fifth Street. These documents can be e-mailed
to interested parties if an e-mail address is provided.
All parties are advised that a Notice of Intent to Appeal conforming to the requirements of the
Oregon Revised Statutes 197.830(9) shall be filed on or before the 21st day after the mailing date
of this notice. All parties are further advised to consult an attorney or land use consultant
regarding their appeal.
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ORDINANCE NO. 6238
. (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.; 3.3-910B.; 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.
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i 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
subse~uently 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 Overlay District; and,
WHEREAS, the volume of work involved in the SDC reformatting process resulted"in ~
number of Scrivener's errors arising from renumbering, inadvertent omissions and punctuation
requiring correction; and
. D~te Rae' rI. O:J 04- 0"1
WHEREAS, SDC Section 5.6-100 sets forth pro~l:lHWts10~IK~'l!l1..eRQI+lOnt Afthi~
document; and er. GK
WHEREAS, on September 16, 2008, the Springfield Planning Commission held a work.
session r~ga:ding these SDC ,!mendments; and
WHEREAS, on October?, 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 to O.
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 iegislative 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 follows:
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 specifieally 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 specialloeational and/or siting
standards as 'specified in Section 4.7-100.
"0" = DISCRETIONARY USE subjectto review and analysis under Type III procedure (Section
5.9-1 ooy at the Planning Co'mmission or Hearings Officialleve!.
"N" = NOT PERMITTED
"." = SITE PLAN REVIEW REQUIRED
D:1te Received: 0 J 04-' 0 '1'
Hanner: GK
O' P' P'
P P P
S' P' P'
P P P
S P P
N P' P'
N N' N
p N N
p N N
n~nTNANrF Nn h?~~
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. .... '". ,. .., '..... '. Zoning Districts :""Xi
Use Categod~si 'J~~s ,'-"AD:.',>;i .... .'
.~~ . . ",.-:;,' LOR .' ':''.'MDR .,':.I':."ilHDRT:'!
Prefabricated dwellinCls P P P'.
Group Care Facilities (Section 4.7-155)
Foster homes for over 5 children P' P' P'
. Residential care facilities with more than 15 persons
include: Group care homes, congregate care facilities, D' S' S'
nursino homes and retirement homes
Halfway houses N D' D'
Residential Facilities 6 to 15 persons P P' P'
Residential Home - 5 or fewer persons. P P P
Shelter Homes for abused and battered persons P P' P'
Manufactured dwellino park (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 residential use S' N N
(Section 4.8-105)
Child Care Home Facility - 1 to 5 children P P P
Child Care Group Home Facility 6 to 12 children P P P
Child Care Center -13 or more children (abutting an S' S' S'
arterial street) (Section 4.7-125)
Child Care Center -13 or more children (abutting a collector D S' S' .
or local street) (Section 4.7-125)
Adult Dav Care - facilities UP to 12 adults P P P
Adult Day Care - facilities with more than 13 adults
(abuttinCl: an arterial street) P' P' P'
Adult Day Care - facilities with more than 13 adults
(abutting a collector or local street) D' P' P'
Bed and breakfast facilities (Section 4,7-120) S' S' S'
Boarding and rooming houses (Section 4.7-215) . P' 01.\' -Pi__
1 to 2 bedrooms ..... P'
3 to 5'bedrooms ',' ~<>.\"e ~"~ P' P'
more than 5 bedrooms ~.I". . P' P'
Public and Institutional Uses .- ':X:::-
Churches (Section 4.7-130) ';.,\<=\(\(\\;;' . D' D' D'
Educational facilities - Public / Private elemenfary/middle
schools (Section 4.7-195)
1 to 5 students in a private home (in a 24 hour period) P' P' P'
6 or more students iSection 4.7-195) . D' D' D'
Parks - Neighborhood and private (Section 4,7-200) D' D' D'
. Commercial Uses, ~;::: :!\~~?*~rf~l~~
Home Occupation (Section 4.7-165) S S S
Professional offices (Section 4.7-190) S' S' S'
Residential dwelling units as temporary sales offices
(Section 4,8-130) P P P
Youth hostels ~ N D' D'
.Miscellaneous Uses' '/i.' I',:\':,.:~":,
Accessory structures (Section 4.7-105) S S S
Agricultural structures P P P
Cultivation of undeveloped land P P P
Temporar" salesidisplav of produce (Section 4.8-125) S N N
Tree fellino and removal (Section 5.19-100\ P P P
Public Utility Facilities
ORDINANCE NO. 6238
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. Use Cate aries/ Uses"':h::
High impact facilities (Section 4.7-160)
Low im act facilities
Certain Wireless Telecommunications Systems Facilities)
'\~""bi(:HZonin' Districts;'
LDR 'jiMDR HDR..;;
S* S. S.
P P P
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
amended to read as follows:
I "3.2.215 Base Zone Development Standards
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e o oWlnq ase zone eve opment stan ards are established.
. . Residential Zoning District'.,', ...... ..},....
. . Low Density .' . Medium'Density: ':;keZ:~:~~i~7~g~k;;L~I
Development Standard . . Residential (LDR) Residential (MDR).
Standard Lots/Parcels . 'c,
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Minimum Area:
'East-West Streets. 4,500 square feet 4,500 square feet 4,500 square feet
North-South Streets: 5,000 square feet 5,000 square feet . 5,000 square feet
Minimum Street Frontaoe
East-West Streets 45 feet 45 feet 45 feet
North-South Streets 60 feet 60 feet 60 feet
Comer Lots/Parcels (1)(2) . .... , >+. " .'. '...::'A' ,::
Minimum Area: : 6,000 souare feet 6,000 souare feet 6,000 square feet
East-West Streets 45 feet 45 feet 45 feet
North-South Streets 60 feet 60 feet ~ 60 feet
Panhandle Lots/Parcels (See Section.3.2-220 Additional Panhandle Lot/ParcfH Deve eritSt,fridiirds)'(.(
Sino Ie Panhandle: _ "l ~
Minimum Area in Pan Portion 4,500 square feet 4,500 ~~~?)fIf!f 4,500 square feet
Minimum' Street Frontaqe 20 feet Q~ 20 feet
Multiple Panhandles: .' ~.
Minimum Area in Pan Portion 4,500 square feet ~'II, 0 square feet 4,500 square feet
Minimum Street Frontaoe.. 26 feet total: each individual frontaqe is based upon the number of panhandies~
Lots/Parcels on bulb oortlon of a cul-ds-sac. . .' '.. ".' .'.,.. .. .,.
Minimum Area I 6,000 square feet I 6,000 square feet 6,000 square feet
Minimum Street FrontaQe I 35 feet I 35 feet 35 feet
Lots/Parcels within the Hillside Deve/oDment Overlav District (Section 3.3.500) . .....:.:.:...,,,...; ..:.c
< 15 percent Slope:
Minimum Area 10,000 square feet 10,000 square feet 10,000 square feet
Minimum Street FrontaQe 60 feet 60 feet 60 feet
15-25 percent slope:
Minimum Area 10,000 square feet 10,000 square feet 10,000 square feet
Minimum Street Frontaqe 90 feet 90 feet 90 feet
25-35 percent slope:
Minimum Area 20,000 square feet 20,000 square feet 20,000 square feet
Minimum Street FrontaQe 150 feet 150 feet 150 feet
> 35 percent Slope:
Minimum Area 40,000 square feet 40,000 square feet 40,000 square feet
ORDINANCE NO. 6238
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Minimum Street Frontaoe 200 feet I 200 feet I 200 feet
Lots/Parcels in the Urbanizable Frinae Overlav District (Section 3.3-800): , '.
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Lot/Parcel Area The creation of new lots/parcels in the City's urbanizable area shall be either
10 acres, 5 acres or shall meet the area standards oflhis Section when
aooroved throuah the Partition process soecified in Section 5,12'100.
Maximum Lot/Parcel Coverage 45 percent ,45 percent 45 p!,rcent ,"\;;
(31 , ','
Minimum Setbacks for Primary Structures (4)(5J(7J(8)(9)(10)
Front Yard 10 feet 10 feet 10 feet
Street Side Yard 10 feet 10 feet 10 feet
~.'l:::ard 10 feet 10 feet 10 feet
Interior Yard Setbacks 5 feet 5 feet 5 feet
Front Yard Setback- 18 feet measured along the driveway from:
Garages and Carports (6) 1, The property line fronting the street to the face of the garage or carport; or
2, The property line fronting the street to the far wall of the garage or carport
where the face of the structure is perpendicular to the street.
3, Where a garage or carport faces a panhandle driveway, the 18 feet is
measured fro the inner travel edge (pavement or gravel) within the
panhandle to the face of the structure; the setback is 3 feet when the garage
or careort fronts an allev,
Accessory Structures Accessory structures shall not be located between any front or street side yard
of a primary structure and shall be set back at least 3 feet from interior side and
rear lot/oarcellines,
Panhandle and Duplex All setbacks for panhandle lots/parcels are based on the orientation of the front
Lots/Parcels and rear of the dwelling occupying the lot/parcel. All setbacks for duplexes on
corner lots/parcels are based upon the front yard of each unit established by
the street or streets for address ourooses,
Base Solar Standards Section 3,2-225,
Maximum Building Height 30 feet 35 feet 35 feet
111H12H13H14\ ' ,
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
6,000 square feet in area for one duplex in the LDR District. This standard prohibits the division of
the iot/parcel to create separate ownership for each duplex dwelling unit.
10,000 square feet in area for one duplex in the, LDR District as specified in this Section ahd
Section 4.7-140, This standard allows for the future the division of the lot/parcel to'create separate
ownership for each half of the duplex,
The 45 percent coverage standard applies to covered structures only. On lots/parcels with more
than 15 percent siope or above 'an elev~tion of 670 feet, the maximum impervious surface inclusive
of structures, patio,S, .and driveways, shall not exceed 35 percent, unless specified in Section 3,3-
500. __, ~
Determination of all yard'setbacks for duplex'es on corner lots/parcels are based upon the front yard
"of ,epch unit as 'established by the streets used for address purposes. . 03 o'r 0"1
AII.setbacksshall be landscaped, unless a setback is for a garage aatit~Qpelved.
Accessory Structure Exceptions to Setback standards: 'Planner: GK
(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 built 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 to Setback standards:
(a) Attached dwellings (zero lot line) on individual lots/parcels; and
ORDINANCE NO. 6238
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(b) A dwelling constructed over the common property line of 2 lots/parcels, where there is a
recorded deed restriction.
(c) In multi-family developments, the setback standards in Section 3.2-240 shall take precedence.
(11) See Section 3.2-225 for residential building height limitations for solar protection.
(12) Incidental equipment may exceed the height standards. . .
(13) Height limitations within the Hillside Development Overlay District may be removed provided the
additional height does not exceed 45 feet and the base residential solar standards are met.
(14) In the MDR and HDR Districts, the building height may be increased to 50 feet as specified in
Subsection 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
The siting of manufactured dwellings in Low and Medium Density Residential Districts is permitted
subject to the provisions of this Section:
A. Manufactured Home - as a permitted use in manufactured home subdivisions,
manufactured dwelling parks and all lots/parcels zoned and designated Low and
Medium Density Residential provided that units placed on individual lots/parcels
outside of existing 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 parks, interior lots of existing platted
manufactured home subdivisions and in muiti-family developments."
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 for all new CI Districts over 50 acres in size
approved after July 6, 2004, unless a SitePlcin or Master Plan is proposed for the entire CI
District. A Master Plan may be submitted when phased developments exceeding 3 years in
duration are proposed. A Master Plan shall comply with any applicable approved Conceptual
Development Plan or upon approval of a Master Plan or Site Plan for the entire CI District, the
Master Plan or Site Plan may supplant and take precedence over an approved Conceptual
Development Plan. Master Plan approval for a CI District site shall be as specified in Section
5.13-100."
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. . . , SECTION 5:' CHAPTER 3 LAND USE DISTRICTS, Section 3.2-61'P\a~GK
amended to read 'as follows:
03 ol.f 01
I "3.2-610 Schedule of Use Categories
The following uses are permitted in the districts as indicated, subject to the provisions,
additional restrictions and exceptions specified in this Code. Uses not specifically listed may be
approved as specified in Section 5.11-100.
"P" = PERMITTED USE subject to the standards of this Code.
ORDINANCE NO. 6238
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"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
use districts unless exempted elsewhere in this Code..
CateClories/Uses
Accessor,r Use Structures
Accessorv Structures (Section 4.7-105)
Aoricultural And Animal Sales And Services
Aqricultural cultivation of undeveloped land
Garden supplies
Automotive Repair and Service
Garaae, reoair
Parkinq lots and parkinq structures (Section 4.7-180)
Tires, batteries and accessories
Operation, maintenance, repair, expansion and
replacement ' , . _' .
of automobile, light truck s'ales, 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 by a single entity
Business And Professional Offices And Personal
Services . , . ..
Accountants, bookkeeoers and auditors
Adyertisina/marketina aaencies
Architects, landscaoe architects and desianers
Art studios, fine
Art restoration
Attorneys
Audio/video oroduction studio
Authors/comoosers
Banks, crEidit unions and saYings and loans
Barber and beauty shops
Blue orintinq, Photostattinq, and ohoto develooinq
Business schools
Business, labor, scientific and professional organizations
and headquarters
Caterinq services
Clinics and research/orocessina laboratories
Collection aqencies
Commodity contract brokers and dealers
: .Districts ..'t.. "',:
MUC' MUE MURi;
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N P S
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N P P
P N N
.... ..
N P N
S P S
N P N
P' N N
'O~in . O'6O'lfoq
Dow t,mRecelved:
Mix~lij!Wer: GK
area
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P P P
P P P
P P P
P N P
P N P
P P P
P P N
P N P
P P P
P P P
P P N
P N N
P P P
P P N
P P P
P N P
P P P
ORDINANCE NO. 6238
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CateQories/Uses MUC "MUE 'MUR:
Computer and information services P P P
Dentists P P P
Detective and protective aQencies P N P
Doctors P P P
Draftinq, qraphic and copv services P P P
Employment aQencies and services P P P
Enqineers and survevors P P P
Financial planninQ, investment services P P P
Graphic art services P P P
Gvmnastics instruction P P N
House c1eaninQ services P N N
Insurance carriers, aqents, brokers and services P P P
Interior decorator and desiqners P N P
Laundry, dry cleaners, including self-service, and ironing P P N
services
Loan companies, other than banks P P P
Locksmiths P P P
Lumber brokers P P P
Mailinq services/mail order sales P P P
Manaqement and planninq consultants P P P
Manufactured unit as a temporary construction office, PIS PIS N,
night watch person's quarters or general office (Sections Date Recei~ 00: 03,0 ~ 0")
4.8-110,4.7-185, and 4.7-170) .1'"
Motion picture studio/distribution 'P" P N
Non:profit orqaniiations' P N ,P
Opticians 0, P P P
Performinq arts instruction P N P
Photocopying P P P
Pholoqraphy studios P P P
Planners, land use P P P
Printinq/publishinq ...., u._ .,..... P P N
Psycholoqists and counselors P P P
Real estate sales and manaqement P N P
Scientific and educational research P. P P
Securitv svstems services P P N
Self-defense studio P P N
Shoe repair P P P
Stenoqraphers and secretarial services P P P
Stockbrokers P P P
Swimminq pool c1eaninq . P N N
Tailors P N P
Tanninq salons P N P
Title companies P N P
Telephone answerinq services P P P
Travel aqencies - P P P
II v and radio broadcasting studios (does not include P P N
antennae)
ORDINANCE NO. 6238
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Districts "",' ",:
CateQories/Uses MUC MUE MUR.,
Typing services P P P
Window c1eaninq P N N
Communications Facilities - ,,. . .
Communications towers, including antennas and relay N D N
equipment. Certain Wireless Telecommunications N D N
Systems Facilities (See Section 4.3-145)
Communications antennas for public agencies and D D D
emerqency serVices
Care Facilities . . .:"'::,',::-.,
Child care facilities (Section 4.7-125) S S S
Adult day care facilities P P P
Eating and Drinking Establishments . ...'.
Cafeteria (servinq employees only) P P N
Cocktaillounqes P P N
Delicatessens and sit down restaurants including P P P
espresso shops
Drive up restaurants and espresso shops (Section 4.7- S ,P N
180)
Taverns and brew pubs P P N
Educational Facilities- Public and Private .. '. .. ....'..:
'~;;:<.i:
Elementarv and Middle Schools '"
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... ,
1 to 5 students in a private home (in a 24-hour period) N N P
6 or more'students in.a private home N D D
Private/public elementary and middle Schools (Section N D D
4.7-195) .
Secondarv schools and colleqes N D N
GroufiCare Facilities - ': >.,', .
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Foster homes for UP to 5 children N N P
Residential care facilities with more than 15 persons N N S
include: Group care homes, congregate care facilities, C ate ReceiVE d: 0301; oq
nursinq homes and retirement homes (Section 4.7-155) ~
Halfway Houses (See Specific Development . . \:11\ >,:. . . '.- ,:'c'..:'r"
Standards for Group Care Facilities) " ': .;;(;i-:.,
Residential Facilitv-6 to 15 persons N N D
Residential Home-5 or fewer persons N N D
Shelter homes for abused and battered persons N N D
Home Occupations ',., .....:'.,:':."':
Home Occupations (Section 4,7-165) S S S
Manufacture and/or Assemblv of: .'.
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Appliances N P N
Apparel and other finished products made from canvas, P P N
cloth, fabrics, feathers, felt, leather, textiles, wool, yarn
and similar materials
Communication equipment, including radio and N P N
television equipment
Costume jewelry, novelties, buttons and misc. notions N P N
Cutlery, hand tools and hardware N P N
ORnTNANr.F NO h?~A
.
.
. , "'. . . .' "," '. ,<, Districts' "', ';:"1',' ','.
CateClories/Uses ' ......... .,' , MUC . :iMUE ' MURr"
',.
Electronic components and accessories N P N
Electronic transmission and distribution equipment N P N
Engineering, laboratory, scientific, and research N P N
instruments
Finished wood manufacturing and assembly including N P N
cabinets and door frames.
Furniture, including restoration N P N
Greeting cards, business forms and other business . N P N
related printinq
Measurinq, analvzinq, and controllinq instruments N P N
Medical, dental, and surqical equipment and supplies N P N
Medicinal chemicals and pharmaceutical products N P N
Metal fabrication and machine shops N P N
Musical instruments N P N
Prosthetic and orthopedic devices N P N
Office computinq and accountinq equipment N P N
Optical instruments, includinq lenses N P N
Perfumes and toiletries N P N
Photoqraphic equipment and supplies N P N
Siqns and advertising display N P N
Tovs, sportinq and athletic qoods N P N
Watches, clocks, and related components N P N
Other Industrial Uses: ..' .;:i". ".""',"',,",' ''',', . '. .'.,", ",-. I<?,."i;j;;",-'Ab,.' :;'....'ir,'
Industrial/Business Parks (Section 3,2-450) N S N
Media productions, including TV and radio broadcasting, P P N
motion picture production and 'Date Recei\ ed: 030 Of 0"1
newspaper/book/periodical publishinq
Regional distribution headquarters, including indoor 'Iannlilr: ~I P N
storage
Research development and tes~ing laboratories and N P N
facilities , ' .
Accessory structures ; N P N
Administrative professional or business offices N P N
Public Utility Facilities: . , ,~~", ..'n' '.. " ::,. . ;;.'~, ;'2,'",';.". '.'-'-1-: .".,..,/" N~
, ",
Hiqh impact facilities (Section 4.7-160\ N S
Low impact facilities' P P N
Recreational Facilities: ' ." .,. . ~. , "',"';'::;",\" " ,,'V.,\, ,.',;'
"''",: '. >, .
Arcades P P N
Art studios, performinq P P N
Auditoriums N P N
Bingo parlors N P N
Bowlinq allevs N P N
Dance halls N P N
Exercise studios P P P
Gvms and athletic clubs P P N
Hot tub establishments P P P
Miniature auto race track (e.g., slot car track) P N P
ORDINANCE NO. 6238
.
.
Districts
Cateaories/Uses MUC MUE MUR
Miniature golf P N N
Movie theaters, indoor, sinale screen P P N
Non Alcoholic Niqht Club (Section 4.7-205) S P N
Off-track bettinq facility P P N
Parks, private and public P P P
Plavqround P P P
Play/tot lot P P P
Pool halls P P N
Recreation center P P N
Skatinq rinks N P N
. Tennis, racquetball and handball courts P P P
Theater, leqitimate (live staael P P N
RetiQious, Social and Civic Institutions:
Branch educational facilities P P D
Charitable services P N D
Churches, mosques, temples and weekly religious D ,N D
school (Section 4.7-130)
Community and senior centers P N P
Fraternal and civic oraanizations P N N
Hospitals P P N
Public offices, including, but not limited to: administrative P N D
offices, libraries, museums, courts, and detention
facilities. .
Private/Public Elementary and Middle Schools (Section N D D
4.7-195) .
Residential Uses in Areas Designated Mixed-Use inOa . ". . .. .' . CJCI' < ....
~e Receive( ;' OJ 04 "'.',,;,,):
the Metro Plan or Refinement Plans . .
Accessory structures (Section 4.7-105) . 'S\,;J" P S
Attached sinqle-familY dwellinqs includinq rowhouses P N P
Cluster Subdivision (Section 3.2-230) P N P
Condominiums (Section 4.7-135) .~. S S S
Duplexes (Section 4.7-140) N N S
Multiple family dwellings including triplexes, 4-plexes, P P P
quads, quints, and aoartment comolexes over 4 units
Retail Sales : ..':'
Antiques P N P
Apparel P N P
Art qalleries and museums P N P
Art supplies P N P
Bakeries P P P
Bicycles . P N P
Books . P N P
.
Cameras and photoqraohic suoolies P N P
Candies, nuts and confectioneries P N P
China, glassware and metalware .P N P
Ciaars and ciqarettes P N N
Comouters, calculators and other office machines P P N
ORDINANCE NO. 6238
.
.
, " "Districts ,',,'i/:,%D,
Categories/Uses i,.., MUC " MUE ': ',,:MUR,;'
Convenience stores ,p P P
Dairy products P P P
Department stores P N N
Draperv, curtains arid upholsterv P N P
Dry Goods and general merchandise P N P
Electrical supplies P N N
Fabrics and accessories P N P
Film drop off and pick up (not a drive-through) P N P
Fish P N N
Floor coverinqs P N P
Florists P N P
Fruits and veqetables P N P
Furniture P N N
Furriers P N N
Groceries P N P
Hardware P N N
Hobbv supplies P N N
Household appliances P N N
Jewelrv P N N
Liquor outlets (State) P N N
Luggage and leather P N N
Maqazines and newspapers P N N
Mail order' houses P N N
Meats P N N
Medical and dental supplies P N N
Musical instruments and supplies P N N
Novelties and gifts P N N
Office equipment , ' .. P P N
Paint, glass and wallpaper P N N
Pharmacies P P P
Pollerv P N N
Radios, televisions and stereos P N N
Second hand'and pawn shops P N N
Sewinq machines P N N
Shoes P N P
Small electrical appliances P N N
Sportinq qoods P N P
Stationary P P P
Supermarkets P N N
Tovs P N P
Small Scale Repair and Maintenance Services lJate f eceived; , ):1 0'4,o'l ~;jt~;~;~i41
(Se'ction 4.7-180) , ' ','''' , ' , ' Plahn ' GK""
r' :" "
Business machine repair S P P
Electrical appliance repair S P N
Furniture 'repair S P N
Janitorial serVices N P N
Small enqine repair S N N
ORDINANCE NO. 6238
.
.
Districts
CateQories/Uses MUC MUE MUR
Watch repair P P P
Transient Accommodations
Bed and breakfast facilities (Section 4.7-120) P N S
Emerqencv shelter facilities N N P
Hotels (Section 4.7-180) S N N
Youth hostels P N N
Transportation Facilities '.
Heliports N P N
Helistops N P N
Public transit station, without park and ride lot P P P
Transportation Related, Non-Manufacturing .
"'
Kev/card lock fuel facilities N P N
Warehouse Commercial Retail and Wholesale Sales "'
and Distribution
Cold storage lockers N P N
Electrical supplies and contractors N P N
Floor coverinq sales .' N . P N
Indoor storage, other than mini-warehouses, and N P N
'outdoor storaqe areas/yards
Larqe electrical appliance sales N P N
Merchandise vendinq machine operators N P N
Plumbinq .and heatinq supplies and contractors N P N
Unfinished furniture N P N
Uses listed under automotive and retail which are N ,N N
wholesale uses
Regional distribution headquarters, including indoor N P N
storaqe
Warehouse/commercial uses engaged primarily in the N N N
wholesalinq of materials to the construction industrv
Wholesale trade, warehousing, distribution and storage N N N
(to include mini-storaqe)
Secondary Uses Serving or Related to on Site D . ' ',03'64-1; 9'..X/
. Commercial or Industrial Uses: . ate ~eceived;
. ,... .' . ... ,...... .
Manufacture or assembly of goods or products to be r: ~ P N
sold on premises
Accessorv structures N P N
Administrative professional or business offices P P P
Blueprintinq, photostattinq, and photo developinq P P N
Cafeteria (servinq emplovees on Iv) N P N
Child care facilities (primarilv servinq emplovees on site) P P P
Developed recreation area (serving the development N P P
area)
Heliports and helistops N P N
Financial institutions p p p
Manufactured home used as' a night watch person's N S N
quarters (Section 4.7-185) ,
Outdoor storaqeof materials directlv related to a N p N"
ORDINANCE NO. 6238
.
..
'Cate ories/Uses
ermitted use. Section 3.2-630B.3.
"
-'. Districts
MUC. .... MUE"
SECTION 6: CHAPTER 3 LAND USE DISTRICTS, Section 3.2-715 is hereby
amended to read as follows:
I "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.
Deve/o ment Standard
Minimum Loti arcel Size
Lotlparcel Coverage and
Planting Standard
PLO Zonin District Re riireinentW.~i'
Landsca ed Setbacks
Street Setback
Residential Pro e Line
Parkin and Drivewa
Maximum Building Height
5
PLO District abuts
Residential District
None
Parking, driveways and structures shall not exceed 65 percent 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 arkin lots 6.
2, 3 and 4 . 0':;: 0
15 feet
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
future right-of-way locations. Dedication of needed right-of-way shall be required prior to the
issuance of any building permit that increases parking or gross floor area.
(3) Structural extensions may extend into any 5 foot or larger setback area by not more than 2
feet.
(4) In the Downtown Exception Area, there are no minimum setbacks for administrative offices
and other public uses listed under Section 3.2-710.
(5) Incidental equipment may exceed the height standards.
(6) In the Downtown Exception Area, there shall be no minimum planted area except for parking
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) Overlay District is established to protect
aquifers used as potable water supply sources by the City from contamination,
This Section establishes procedures and standards for the physical use of
hazardous or other materials harmful to groundwater within TOTZ by new and
existing land uses requiring development approval. The provisions of this Section
are designed to:
1. Protect the City's drinking water supply which is obtained from
'groundwater resources from impacts by facilities that store, handle, treat,
use, produce, or otherwise have on premises substances that pose a
hazard to groundwater quality; and
2. Provide standards for hazardous or other materials that pose a risk to
groundwater within the TOTZ.
B. In order to accomplish this purpose, the DWP Overlay District includes methods
and provisions to:
1. Restrict or prohibit the use of hazardous or other materials which are
.' potential groundwater contaminants;
~
Set standards for the storage, use, handling, treatment, and production of
hazardous or other materials that pose a risk to groundwater within
TOTZ; and Date Received: 030q.-0,,!
.' Planner: GK
, Revi!,!w new or expanded uses of hazardous or ollier materials that pose
a risk to groundwater,"
2.
3.
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 Overlay District includes 4 TOTZ: 0-1 year; 1-5 years; 5-10 years; and
10-20 years. The locations of the TOTZ for each wellhead are shown on Drinking
Water Protection Area Maps on file with the City's Development Services, Public
Works, and Fire and Life Safety Departments; and Springfield Utility Board (SUB)
and Rainbow Water District (RWD).
B. The areas within specified wellhead TOTZ are those drinking water protection
areas certified by the Oregon Health Division, under the Oregon Administrative
Rules that apply to Oregon's EPA-approved DrinkingWater Protection Program,
in Oregon Health Division Delineation Certification #0002R, March 18, 1999.
C. In determining 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
ORDINANCE NO. 6238
.
.
restrictions applicable to that TOTZ.
3. Tax lots having parts lying within more than one TOTZ are governed by
the standards of the more restrictive TOTZ.
EXCEPTION: The Director may waive the requirement that the more
restrictive standards apply when all of the following apply:
a. Storage, use, handling, treatment, and/or production of hazardous
or other materials that pose a risk to groundwater will not take
place within the portion of the tax lot having the more restrictive
TOTZ standards; and
b. Storage, use, handling, treatment, and/or production of hazardous
or other materials that pose a risk to groundwater will not take
place within 50 feet of the portion of the tax lot having more
,restrictive TOTZ standards; and
c. The tax lot is 20,000 square feet or larger.
4. A property owner may request the TOTZ be modified by submitting a
Zone Change application to the City. Any request for modification of the
TOTZ shall be accompanied by certification of-the TOTZ as proposed to
be modified by the Oregon Health Division, under the Administrative
,Rules that apply to Oregon's EPA-approved Drinking Water Protection
Pr?~ram: Date Received: Cis olf 00;
, Planner: GK
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 I,and use, occupancy or tenancy of a
property, including, but not limited to: a change from vacant to
occupied; or
b. During the Building Permit process; or
c. In conjunction with any development application, including, but not
limited to: Site Plan review and Minimum Development Standards.
2. The action in Subsection A.1., above will:
a. Affect the storage, use, and/or production of hazardous or other
materials that pose a risk to groundwater; or
ORDINANCE NO. 6238
.
.
b. Increase the quantity of hazaraousor 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 information:
1. A Hazardous Material Inventory Statement and a Material Safety Data
Sheet for any or all materials entered in the Statement unless exempted
under Section 3.3-230. Hazardous material weights shall be converted to
volume measurement for purposes of determining amounts - 10 pounds
shall be considered equal to one iJallon as specified in Springfield Fire
Code 2703.1.2.; Date Received: 0:1. 04- 0'( "
" Planner: GK
2. A list of the chemicals to be monitored through the analysis of
groundwater samples and a monitoring schedule if ground water
monitoring is anticipated to be required;
3. A detailed description of the activities conducted at the facility that involve
the storage, handling, treatment, use or production of hazardous
materials in quantities greater than the maximum allowable amounts as
stated in Section 3.3-235 A.;
4. A description of the primary and any secondary containment devices
proposed, and, if applicable, clearly identified as to whether the devices
will drain to the storm or 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 haza"rdous material;
6. A description of the procedures for inspection and maintenance of
containment devices and emergency equipment;
7. A description of the plan for disposition of unused hazardous materials or
hazardous material waste products over the maximum allowable amounts
.including the type of transportation, and proposed routes.
E. For those development proposals requiring Site Plan Review (Section 5.17-100)
or Minimum Development Standards review (Section 5.15-100), applications may
be submitted. concurrently. .
. ,
. - ....
F. The Director shall review the application and make a decision based on the
standards contained in Section 3.3-235, after consulting with the Building Official,
Fire Marshall, Public Works Director, and the managers.of SUB andRWD, as
appropriate."
ORDINANCE NO. 6238
.
.
SECTION 10: CHAPTER 3 LAND Ul?E DISTRICTS, Section 3.3-235 is hereby
amended to read as follows:
I "3.3-235 Standards for Hazardous Materials within Time of Travel Zones
Applications shall comply with the following standards. Where the following standards are more
restrictive than the standards of the 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 allowedonly'upon'compliance with containment and safety standards
specified by the mosnecent Fire Code adopted by the City.
. A waiver of the 5-gallon maximum size may be given by the Director if
the applicant can demonstrate that a larger size container would pose
less risk to the aquifer.
2. Unless exempted, all hazardous or other materials that pose a risk to
groundwater shall be stored in areas with approved secondary
containment in place 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 drai~ Received: OJ, oLf 0'7
Planner: GK
Solid waste landfills and transfer stations;
d.
e.
Fill materials containing hazardous materials;
nRnTNANr~ Nn. h?1R
.
.
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 ard 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 shaii 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.
B.
8. Application of fertilizers containing nitrates are restricted to no more than
the amount recommended by the lane County, Oregon State University
Extension Service for turf grass and are prohibited within 100 feet of a
wellhead. In no event shall a single application exceed one half pound per
1,000 square feet of area per single application or a total yearly
application of 5 pounds nitrogen fertilizer per 1,000 square feet.
Date Received: Ol oq..01
1-5 year TOTZ Standards. Planner: GK
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:
ORDINANCE NO. 6238
. .
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. Date Rae .
PI elved: 0.1 04- 09
EXCEPTION: Dry wells for roorgF1T~~~!<
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
program and monitoring methods to detect hazardous or other materials
in the secondary containment system shall be met for all amounts of
hazardous materials that pose a risk to groundwater unless exempted.
7. The 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;)ime, ang 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 daily 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
ORDINANCE NO. 6238 .
.
.
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 Industrial District
The following uses may be permitted in the underlying residential, commercial, or industrial district
subject to the provisions, additional restrictions and exceptions specified in this Code. EXCEPT
AS SPECIFIED IN SECTION 3.3-810B., URBAN USES (e.g., multiple-family or churches)
NOT LISTED IN THE UF-IO OVERLAY DISTRICT ARE NOT PERMITTED.
"P" = PERMITTED USE subject to the standards of this Code.
"S" = SPECIAL DEVELOPMENT STANDARDS subje'ct to speciallocational and/or siting
standards as specified in Section 4.7-100.
"D" = DISCRETIONARY USE subject to review and analysis under Type III procedure (Section
5.9-100) at the Planning Commission or Hearings Official level. .
"N" = NOT PERMITTED
. = SITE PLAN REVIEW REQUIRED
Date Received: 0.1. at{- 01
Planner: GK
Underlvina Zonina District.. '.,
. Use Cateaorv Residential Commercial Industrial'
AQricultural 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 Occupations (Section 4.7-165 ) S S S
Neighborhood parks that do not require urqan services S' N N
(Section
onnTMAMr~ MO. n?~R
.
.
4.7-200)
Partitions (Section 3.3-825E.) P N N
ProperlY Line Adiustments P N N
Hiqh Impact Facilities (Section 4.7-160) S' S' S'
Low Impact Facilities P P P
Temporary sales/dispiay of produce, the majority of P P P
which is grown on the premises (Section 4.8-125)
Tree fellinq (Section 5.19-100) P P P
R.V. parks and campo rounds (Section 4.7-2200.) S' N N
RV parks and campgrounds that do not require urban N O' O'
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
/ICU or IIU Oistrict to the properlv (Section 3.3-385F.l
Expansion or replacement of lawful uses permitted in the N P' P'
underlying commercial or industrial district (Section 3.3-
825F.i
Expansion or replacement of lawful Oiscretionary Uses in N O' O'
the underlyinq zoninq district (Section 3.3-825F.)
New Permitted and Specific Oevelopment Standards in N P' 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. parks and campgrounds shall be located on land classified Public Land and Open
Space (PLO) and be subject to the specific development standards specified Section
4.7-220."
,'. ." ,-
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 Landmark Inventory within the City orOatgr~l1iila':easO
including the foilowing individually designated Historic Land~ner: GI(' .1 (/ If Oi
Historic Site! Structure
Stevens and Perkins Buildin
W.O.F. Buildin
Pacific Power & Li ht Buildin
Address
330 Main Street
346 Main Street
590 Main Street
ORDINANCE NO. 6238
.
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... '" " ~
Southern Pacific Railroad De ot
Srattain'f.Hadle 'House
Stewart House C -
Dou las House
Thurston Gran e
101 South A Street
1260 Main Street
214 Pioneer Pk ,West
3362 Osa eStreet
66 Street and Thurston Rd,"
SECTION 14: CHAPTER 4 DEVELOPMENT STANDARDS, Section 4.3-110E. is
hereby amended to read as follows:
I "4.3-110
Stormwater Management
E. A development is required to employ stormwater management practices approved by
the Public Works Director and consistent the Engineering Design Standards and
Procedures Manual, which minimize the amount and rate of surface water run-off into
receiving streams. The following stormwater management practices may be required in
order to relieve demand on the City's piped drainage system and to alleviate future costs
of treating the piped discharge: to promote water quality, to preserve groundwater and
the vegetation and rivers it supports, and to reduce peak storm flows:
1. 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 permitted/allowed 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,"
Date Received: 6 3 o,!- 0 \
Planner: GK
ORDINANCE NO. 6238
.
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SECTION 15: CHAPTER 4 DEVELOPMENT STANDARDS, Table 4.4-1 is hereby
amended to read as follows: Date Received: 02 a if 0 CJ
Planner: GK
"Table 4.4-1
" Base Height by Zoning' District . j;:;,::", ';';ic':.\,"',:::)
Yard Tvpe Residential Commercial Industrial PLO .,';,',:: MS',..;,,;"!i
Front Yard (1) 6' (21 6' 6'i 8' 3) 6' 6'
Street Side Yard (4) 6' 6' 6'/8' 31 6' 6'
Rear Yard 6' 6' 6'/8' 3) 6' 6'
Heillht Exceptions 8'/10' (5) 8' 8' 61 8' N/A
Vision Clearance 2~' 2Y>' 2 Yz' 2 YZ' 2 :;"
Area (7)
Barbed/ Razor Y(8) Y(8) Y(8) Y/N (8) N
Wire/ Electric
(1)
(2)
The fence shall be located behind the front yard setback in all districts unless allowed in (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.
In the Campus Industrial District the base height standard is 6', In all other industrial districts, the
base height standard is 8'.
In the residential districts, a fence may be located along the property line. In all other districts, the
fence shall be located behind the street yard setback.
Situations where the base fence height may be exceeded:
(a) 8' in residential, commercial and the PLO Districts for public utility facilities, school yards and
playgrounds, provided that the fence is located behind the.front yard and street side yard
landscaped area and outside of the vision clearance area. Residential districts abutting these
facilities, railroad tracks or residential property side and rear yards abutting streets with 4 or
more travel lanes, may have fences of 8' along common property lines and right-of-way.
(b) 10' for residential properties abutting commercial or industrial districts along common
property lines, and around permitted storage areas in residential districts. Yards of single-
family homes shall not constitute permitted storage areas, .
(c) In residential districts, any fence located within a required setback, and which exceeds the
allowable fence height for that setback by more than 20 percent, shall be reviewed under
Discretionary Use procedure for fences as specified in Section 5.9-100.
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 compietely 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.
No fence shall exceed the 2Y>' height limitation within the vision clearance area as specified in
Section 4.2-130. " , .
Barbee wire, razo(wire or.electrified-iencing shall be permitted atop a six foot chain link fence. The
totai height of the fence'a'rie barbed 'wire shall not exceed 8'. These materials shall not extend into
the vertical plane of adjoining public sidewalks. Barbed wire or razor wire only fences are
prohibited. Electrified fencing shall be posted with warning signs every 24 feet.
EXCEPTIONS: '
(a) In the PLO District in the Downtown Exception Area and in the MUC, MUE and MUR
Districts, no barbed razor wire or electrified fences shall be permitted.
(b) In the residential districts, barb-wire and electrified fencing on lots/parcels less than 20,000
square feet, and razor wire on any 10Uparcel, regardless of size, shall be reviewed under
(3)
(4)
(5)
(6)
(7)
(8)
ORDINANCE NO. 6238
.
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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. is
hereby amended to read as follows:
I "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 site.
A. Accessory Structure Groups. Accessory structures are divided into 3 groups based on
their characteristics. Accessory structures may be attached or separate from primary
structures.
1. Group A. This group includes buildings and covered structures for example,
garages, bedrooms or living rooms, including bathrooms that are not an
accessory dwelling unit as defined in Section 5.5-100, art studios, gazebos,
carports, greenhouses, storage buildings, boathouses, covered decks and
recreational structures. Agricultural structures as defined in this Code are
deemed Group A accessory structures if located on lots/parcels less than 2 acres
in size.
2. Group B. (Architectural extensions) This group includes uncovered, generally
horizontal. structures for example, decks, stairways, in ground or above ground
swimming pools,tenniscourts, 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 corner lots/parcels of 6,000 square feet in the
LDR District, unless as may be permitted below. A corner duplex or duplex
10tLparcel in any residential district may be partitioned for the purpose of allowing
independent ownership of each dwelling unit, if each of the two resulting
lots/parcels meets the size standards specified in Section 3.2-215. Duplexes or
duplex lots/parcels eligible for this type of partition shall meet the partition
standards of Section 5.12~100 and the following: Date Received: O.J oq- 01
Planner: GK .
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.
ORDINANCE NO. 6238
.
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3. The property line separating the two units shall have not more than two
angle points. The angle points shall not occur within the wall between
abutting units.
B. Duplexes on interior lots/parcels zoned Low Density Residential, approved prior
to the adoption of this Code, as part of a Planned Unit Development shall not be
considered to be non-conforming uses.
C. Duplexes on 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 Residential, 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
I
A. Specific development standards for the MUC District shall be the same as those
specified in Section 3.2-310 as an "S. use and listed in applicable Subsections of
Section 4.7-100, and the following:
EXCEPTIONS:
Date Received: O.s 0 Zf 0 9
Planner: GK
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 Section, is defined as a business activity involving buying or
selling goods or provision of services wherever one of the parties conducts the
activity from withi~ a motor vehicle. Facilities 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 incidenfal 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.
nRnTNANr.F Nn. h?1R
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a. In MUC 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 Iimited.to: public or private streets, pedestrian accessways,
greenways, transit stations, shelters, or plazas, shall provide a
pedestrian-scale environment on the fa<;:ade 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 MUC Districts, parking lots shall be located beside or behind buildings,
intern;:!1 to 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:
_...1 "4.7-190 Professional Offices
. . Date Received'
A. Professional offices in residential districts are permitted vm.rmner: GK .
'1. .... Thei'lots(parcels are adjacent to CC, MUG or MRC Districts; and
2. The majority of the square footage of the structure on the 10Vparcel is not more
than 100 feet from CG, MUC or MRG Districts. Where public-right-of-way
separates the residential district from the commercial district, the right-of-way
width is not counted in the measurement."
I
0,3 Olf 09
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:
nRnTNANr~ Nn h?~~
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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 for large and/or complex proposals to avoid unanticipated costs
or delay during the formal application process.
EXCEPTION: The Pre-Application Report is required for a Master Plan application as
specified in Section 5.13-115.
C. The Pre-Submittal Meeting. The purpose of the Pre-Submittal Meeting is to provide an
opportunity for the property owner, applicant and the development team to meet with City
staff to determine that an application is complete for processing prior to formal submittal to
the City. A complete application will facilitate the review process. The Pre-Submittal
Meeting will examine key elements of the application, including, but not limited to:
transportation, stonnwater management, wastewater facilities, 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 determine 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:
1"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 all persons who submitted comments or
requested not[ce of the decision as part of the process leading to the Director's or
Hearings Offidah!> decision. The notice of the appeal hearing shall be as specified in
. Section 5.2-1.15.". 03,01- 0'1
- . "SECTION 22: CHAPTE~ 5 THE DEVELOPMENT REVIEW pg~~~c=d:
APPLICATIONS, Table 5.4-1 is hereby amended to read as followi:' .
"Table 5.4-1 Development Applications
Type of Application ...., ,,' , Decision Type ',.i;it;'APP~~~~b~~~g~~ii,~{
'.
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 Type IV 5.6-100
Annexation Type IV 5.7-100
Appeal of a Type II Director's Decision Type III 5.3-100
Appeal of Type III Decision to City Council Type IV 5.3-100
ORDINANCE NO. 6238
.
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"(<
Appeal of an Expedited Land Division Type III 5.3-125
Conceptual Development Plan Type III Applicable Section
Conceptual Development Plan Amendment Type III Applicable Section
Demolition of Historic Landmark Type III 3.3-900
Determination of Non-Conforming 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 Landmark Inventory Type III 3.3-900
Expansion/Modification of a Non-Conforming Use Type II 5.8-100
Expedited Land Division Type II 5.1-145
Extraterritorial Extension of Water or Sewer Service Type IV 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 J 3.3-900
Home Occupations .. Type I 4.7-165
HS Hospital Support. Overlay District Type II 3.3-1100
Interpretatior) 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 Park Type II 3.2-235
Manufactured Dwelling Park Space Line 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 lor II 5.13-100
Metro Plan Amendment Type I (text) or Type II cTM'~~'beived: C J,.ol-fo'f 5.14-100.
(diagram) .. . ,....1
Minimum Development Standards Type"l" .. 5.15-100
Minor Variance Type 5.21-100
Partition Replat Tentative Plan Type 5.12-100
Partition Tentative Plan Type 5.12-100
Pre-Application Report Type 5.1-100
Property Line Adjustment-Single Type 5.16-100
Property Line Adjustment-Serial Type 5.16-100
Site Plan Modification-Minor Type 5.17-100
Site Plan Review Modification-Major Type 5.17-100
Site Plan Review Type 5.17-100
Solar Access Protection Type 5.18-100
Subdivision Replat Tentative Plan Type 5.12-100
ORDINANCE NO. 6238
.
o
Subdivision Tentative Plan Type II 5.12-100
Subdivision/Replat Plat Type I 5:12-100
Tree Felling Permit 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 is 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
5.13-1,30
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 Master Plan - Application Concurrency
OJ otf oc/
Preliminary Master Plan - Neighborhood Meetin~li€: Received' 1
Preliminary Master Plan - Submittal ReqUiremMa~ner' GK .
Preliminary Master 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 phasi'ng the' development of a specific property over several years.
B. The purpose of a Master Plan is to:
1. Facilitate the review of rilulticphased 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;
ORDINANCE NO. 6238
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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
alternatives for mitigating these impacts to affected properties and/or public
facilities;
5. Provide the property owner an opportunity for the concurrent review of
discretionary land use decisions; 'and
6. Provide the property owner with the assurance needed over the long term to plan
for and execute the proposed development."
SECTION 25: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS, Section 5.13-110 is hereby amended to read as follows:
I "5.13-110 APplicability
A. Appro~al 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
applicant requests phasing for more than 3 years.
B. A Master Plan may include public, commercial, indu~rial or resic!ential development, or
any combination thereof." uate ReceIved; o.:s 0 If 0' '1
. Planner: GK
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
I
A. The Preliminary Master Plan shall be reviewed under Type II procedure.
EXCEPTIONS: The Preliminary Master Plan shall be reviewed under Type III procedure
if:
1. During the Pre-Application Rep'ort process, the Director determines that the
proposed development is:
ORDINANCE NO. 6238
.
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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-Submittal Meeting application, as specified in Section 5.1-120.C., is required
prior to the formal submittal of the Preliminary Master Plan application."
SECTION 27: CHAPTER 5 THE D.EVELOPMENT REVIEW PROCESS AND
APPLICATIONS, Section 5.13-116 is hereby added: i.A:ii8 Received: 03. 0 if 0'9
"5.13-116 Prelimina Master Plan - A lication Concurrenc
A. If the applicant requires or proposes to change the Metro Plan diagram and/or text, the
applicant shall apply for and obtain approval of a Metro Plan diagram and/or text
ame.ndment 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 concurrently with the Preliminary Master Plan. These
applications shall not be submitted until Final Master Plan approval is effective, as
specified in Section '5.13-13~."
"
SECTION 28: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS, Section 5.13-117 is hereby added:
[ "5.13-117 Preliminary Master Plan - Neighborhood Meeting
To provide the opportunity for early 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 staff's 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
ORDINANCE NO. 6238
.
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questions. The notice shall provide ii brief description of the proposal and shall be mailed to 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:
1"5.13-120 Preliminary Master Plan - Submittal Requirements I
The Preliminary and Final Master Plan applications shall be prepared by a professional design
. team. The 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
additior:al standards shall also be addressed; .
The locaii6n and proposed number of residential units and/or square footage of
commercial, industrial and/or public uses;
2.
3.
The density or intensity of proposed uses, including ~lliicable Floor Area Ratios
(FARs); and Date Received: ~ of-{ (J" q .
Planner: GK
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
transportation/fire access issues within 300 feet of the proposed Master
Plan site; and
c. A legal description of the properly 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:
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1.
A full size map depicting the proposed Master Plan boundary together with
existing lot/parcel lines;
2.
The 1 OO-year floodplain and f100dway boundaries on the proposed Master Plan
site, as specified in the latest adopted FEMA Flood Insurance Rate Maps or
FEMA approved Letter of Map Amendment or Letter of Map Revision;
3.
The Time of Travel Zones, as specified in Section 3.3-200 and delineated on the
Wellhead Protection Areas Map on file in the Development Services Department;
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 site 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 PiOtection Report is required;
4.
5.
Soil types and water table information as mapped and specified in the Soils
Survey of Lane County. A Geotechnical report prepared by a licensed
Geotechnical 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 .') 'ved' 0..2 otf CJC}
0Cit0 r,ecel .
Planner: GK
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 antic:ipated for portions of, or the entire proposed Master Plan site.
On hillsides, the plan shall show'pad sites and their relationship to the public right-of-way
with existing contours at 1-foot'iniervals and percent of slope. In areas where the percent
of Slope is 10 percent or more, contours may be shown at 5-foot intervals.
D. A Stormwater Management Plan diagram which includes the stormwater management
system for the entire proposed Master Plan site 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
ORDINANCE NO. 6238
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proposed type offinancial 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 submit a summary of issues raised
at the neighborhood meeting as specified in Section 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 limited 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
.submitte,d ccncurrently with the Preliminary Master Plan application, where there is a
wetland on the propo~ed Master Plan Si%t~~eceived: O:J, at{- acy
3. Historical and/or archaeological studiellanner: GK
R. Any concurrent land use applications as specified in Subsections 5.13-1168."
SECTION 30 CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS, Section 5.13-125 is hereby amended to read as follows:
I "5.13-125 Preliminary Master Plan - Criteria
A Preliminary Master Plan shall be approved, or approved with ccnditions, if the Approval
Authority finds that the proposal conforms with all of the applicable approval criteria.
A. Plan/Zone 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.
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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 determine transportation system
capacity. The Preliminary 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 Preliminary 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 traffic 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 Preliminary
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 stormwater management facilities either have
suffiCient capacity to support the proposed development in all future 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 determine
capacity issues. The Preliminary Master Plan shall also comply with applicable utility
standards specified in SDC Chapters 4 and 5. Uate Received: 0:$ 0 'f...!2:J
'. Planner: GK
G. Protectianaf physical features. Physical features, including, but not limited to sbpes 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 (yVQLW) Map and their associated riparian areas, wetlands, rock
outcroppings 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 Chapter 4.
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 multi-
modal transportation that limit and/or mitigate identified conflicts between the site and
adjacent uses."
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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 attach 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 RE'iJEW PROCESS AND
APPLICATIONS, Section 5.13-131 is hereby added as folloi-J~e Received: 03 0 If l7'CJ
, ~M~~
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 l:mderType 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, parking 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 ea'ch 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 submit 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 will be
submitted within the requested extension lime line. The Director may grant or amend the
extension request upon determining that the applicant is making progress on the Final
Master Plan application.
^nnTM^M~~ ~^ ~~~o
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B. APre-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 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 conforms to the provisions of the Preliminary
Master Plan approval; and
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.'2:
. Ail app[oval 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
format approved by the City Attorney, any other required documents at Lane County
Deeds and Records and retum a recorded copy of the Memorandum ofFirial 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 effect until the permitted development has been
constructed or it is modified, superseded or expires.
D. Once the Final Master Plan effective date 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 terms and conditions of approval of
the Final Master Plan and the provisions of this Section. Notice of the Final Master Plan
effective date will bemailedtotheappIiCant....DtR.O.../L
a e, scelVed' -5 (J.., 0'1
SECTION 35: CHAPTER 5 THE DEVELOPMENT REVIEvr/iwOO-I:~N'D
APPLICATIONS, Section 5.13-134 is hereby added as follows:
1"5.13-134 Final Master Plan - Phasing Implementation
A. No Subdivision and/or 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 and/or Site Plan Review applications.
C. The approved Final Master Plan and all applicable conditions of approval shall be
addressed for each Subdivision and/or Site Plan Review application (phasing
implementation) as part of application completeness during the Pre-Submittal Meeting
application process, specified in Section 5.1-120C:
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SECTiON 36: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND
APPLICATIONS, Section 5.13-135 is hereby amended to read as follows:
I "5.13-135 Final Master Plan - Modifications
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
described 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 specific phase of
development when the proposed change does not affect the construction of
scheduled public improvements;
2. By the City based on the requirement to implement newly adopted State or Federal
regulations; or . 0"" OI.J.- 0Y-'11
Date Received: ...> -, .
3. By the applicant for a one time extensidi1laf1lll1iN'l3~ved 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 detennined 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
. in~ll!ding, blltn()t Iimited.lo noise and traffic. These modifications include a request:
1. Bylhe ai:;pli';,nl if ~ proposed permitted non-residential use, for example, a church
or a sc~ool,affects the approved Final Master Plan residential density;
2. By the applicant for 10 percent or greater increases or decreases in the overall
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 decreases 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
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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 alter 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 Final Master Plan time limit beyond the
maximum approved time limit of 7 years or the extension permitted in Subsection
B.3., above. In no case shall the extension exceed 15 years from the date of Final
. Master,Plan.approval as specified in Subsection 5.13-133.C. An extension
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 penmit, if required:
1. Building interior improvements; Date Received: 0'3 Oif 01
Planner: GK
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. Installation 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 c:pplicant shall demonstrate compliance with the following:
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H.
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5. A stormwater 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 Manual.
,.
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, transformers,
neighborhood mailbox units and similar public facilities.
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 ;s 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 Plan.
'. . . .. Date Received: 0] oLf 0,
An Architectural Plan with maps, Including: Planner: GK
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 SDC 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 information to describe the proposed
Architectural Plan.
I. A Parking Plan and Parking Study.
1. A Parking Plan shall be submitted for all proposed development and shall contain
the following information:
a. The location and number of proposed parking spaces;
b. On-site vehicular and pedestrian circulation;
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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;
0':] O'~ OJ
d.
Date Received:
The location of and number proposed bicy~apasr$; GK
e.
The amount of gross floor area applicable to the parking requirements for
the proposed use; and
f.
The 10c<Jticn and dimensions of off-street loading areas, if any.
2. A Parking Study, for other than single family developments, 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-site Lighting Plan depicting the location and maximum height of all proposed
exterior light fixtures, both free standing and attached.
K. A Public Right-of-Way/EasemenVPublic Place Map depicting the reservation, dedication,
or use of the proposed Master Plan site for public purposes, including, but not limited to:
rights-of-way showing the name and location of all existing and proposed public and
private streets within or on the boundary of the proposed Master Plan site, the right-of-way
and paving dimensions, and the ownership and maintenance status, if applicable, and the
location, width and construction 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 4.2-1 05.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 t~at 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 t6 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, stonmwater management, electricity and
water. The Phasing Plan shall consist of maps and a narrative with an overall schedule or
description of on-Ioff-site phasing including, but not limited to: the type, location and timing
of proposed uses, building locations; proposed public facilities including on-Ioff-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
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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 and/or new Master Plans shall apply to 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 follows:
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. H8(3ffor the'? 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 to any modifications as may be approved as specified in Section
5,13-135. ''', ' R' 0.., otf c;>
,-,ate ece.ved: ~ 0 I
Planner: GK
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:
I "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:
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1"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 4.3-130 and comply with 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 5.15-125 is hereby amended to read as follows:
1"5.15-125 Timelines and Conditions
The property owner and/or applicant shall comply with the standards specified in Subsection 5.15-
120 within 90 days of the Director's approval as follows:
A. Submittal of a Final Plot Plan within 30 days of the Director's approval that states the
starting date of all required improvements demonstrating compliance with all approval
conditions required to meet the standards specified in Subsection 5.15-120. Submittal of a
Final Plot Plan shall include the following additional material, where applicable:
1.
The original recorded Improvement Agreement. 0
. . ate Received:
Any required ODOT Right-of-Way Approach pePr/,wlner: GK
03 olf oq
2.
EXCEPTION: If the ODOT Right-of-Way Approach Permit cannot be obtained by
the time line specified in Subsection A., above, the Director may defer the submittal
of this document until the start of construction date specified in Subsection 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 utility easement.
~,. .. .-
B. The signing of a Development Agreement.bythe property 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-day start of construction time line
specified in Subsection C., above due to situations including, but not limited to, required
permits from the City or other agencies, weather conditions, and the unavailability of
asphalt or street trees. If the time extension is allowed, security shall be provided as
specified in Section 5.17-150. The time line extension shall not exceed 90 days.
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 Director shall .
declare the application null and void if the property is occupied and the property. owner
shall be considered in violation of this Code.
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
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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. is hereb amended to read as follows:
"5.16-120 Submittal Re uirements
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 Line
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-of-way, easement or Plat to be vacated
prepared by an Oregon Licensed Land Surveyor or other professional approved by
the Director;
2.
The reason for the Vacation;
Date Received: 01 <7'lf OOj
Planner: GK
3. The proposed use of the property after Vacation;
4. For citizen initiated Vacations of public rights-of-way or Partition and Subdivision
Plats, the petition of affected property owners;
5. A map prepared by an Oregon Licensed Land Surveyor or other professional
approved by the Director of the area proposed to be vacated. The map shall
show:
a. The date, north arrow, and standard scale;
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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
APPLICATIONS, Section 5.20-140 is hereby added:
I "5.20-140 Zoning of Vacated Right-of-Way
~~t;;;~c::r: 0 ~ 10'f 0'7
Vacated right-of-way is incorporated into the abutting property, typically to the centerline.
However, in cases where only one abutting property dedicated right-ot-way, all the vacated
right-of-way would be incorporated into that property. 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: CH~PTER 6,DEFINITIONS Section 6.1-110 is hereby amended as
follows:
"Downtown Exception Area. An area defined by the Willameite River on the west, 8th Street on
the east, the alley between north B and north C Streets on the north, and a line north of the
Southern Pacific Railroad tracks on the south."
"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)."
ORDINANCE NO. 6238
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"Partition Plat. A final map and other writing containing all the descriptions, locations,
specifications, provisions and information concerning a partition."
SECTION 45: APPENDIX 3 TEMPORARY GLENWOOD RIVERFRONT PLAN
DISTRICT MASTER PLAN STANDARDS is hereby added:
"Appendix 3
TEMPORARY GLENWOOD RIVERFRONT PLAN DISTRICT MASTER PLAN STANDARDS
Section 5.13-100 Master Plans
Subsections:
5.13-105
5.13-110
5.13-115
5.13-120
5.13-125
5.13-130
5J 3-135
5.13-140
Purpose
Applicability
Review
Submittal Requirements
Criteria
Conditions
. Modifications to the Master Plan and Schedule
Assurance to the Applicant
Date Received'
Planner: GK .
03 oq 0>1.
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 Master
Plan, in this context, is specific to this Code and is not considered to be a refinement
plan or any. other similar subset of the Metro Plan. By addressing public service impacts
. . 'an~:Lde".~lopC]lent requirements at the time of approvai of Master Plan, these impacts
. and req'iJirements need not be readdressed at subsequent phases and the developer
may rely on the Master Plan approval in implementing the development.
B. The purpose of a Master Plan is to:
1. 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;
2. Assure that individual phases of a development will be coordinated with each
other;
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.
C. The Master Plan shall be approved by the Planning Commission prior to City approval of
a related Subdivision or Site Plan application; however, the Master Plan may be .
ORDINANCE NO. 6238
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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 Site Plan
application shall be approved for each phase. The Master Plan shall be the basis for the
evaluation of all phases of development on any issues that it addresses. Phases may be
combined for consideration.
E. Approval of a Master Plan is effective for up to 7 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
ApplicabjJity .'
c
The Master Plan process applies when initiated by an applicant when the following criteria are
met: [" 'R . dO"" 01Loer
)at~1 ecelve: ' s ...,.. !
Planner: GK
The development area is under 1 ownership; or
A.
B. If the development area has multiple owners, then all owners of record have consented
in w~iting 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 shaii 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.
t"\n.....T...,.........."'" ...'0.... t:"'I"'IO
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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.
D. A topography map and narrative depicting present uses of the land, existing structures,
streets, significant vegetation, wetlands, drainage ways and other relevant natural and
man-made features.
E. A site plan showing location and type of all land uses proposed, approximate acreage
and approximate number of units or square footage of uses, adjacent property uses and
relevant features.
Date Received: O:.s 0 if 01.
Planner: GK
G. The maximum height and size of proposed structures.
F.
The density or intensity of proposed uses.
H. A public facilities plan showing existing and proposed streets, utilities, sanitary sewer,
natural and piped storm drainage system, water service, bike and pedestrian ways and
transit locations.
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.
J. The Director may require additional information necessary to evaluate the proposed
development, including, but not limited to: an ESEE analysis, geology, soils, stormwater,
sanitary, tree preservation, historical, archaeological, and traffic impact. All related maps,
excluding vicinity and detail maps, shall be at the same scale.
K. Provisions, if,.any, for reservation, dedication, or use of land for public purposes,
iricluding, but noi limited to: rights-of-way, easements, parks, open spaces, and school
sites.
L. An overall schedule or description of phasing; and the deveiopment to occur in each
. phase. If phasing alternatives are contemplated, these alternatives shall be described.
M. 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.
N. Designation of responsibility for providing infrastructure and services.
O. . A general schedule of annexation consistent with the phasing plan, if applicable.
15.13-125
Criteria
ORDINANCE NO. 6238
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A Master Plan may be approved if the Planning Commission finds thai 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 District 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
aCfommodate the proposed phased development and any capacity requirements of
-. 'p~blic 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 future
phases;
E. Physical features, including, but not limited to: steep slopes with unstable soil 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
ripadan areas and wetlands 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 or ORS 97.740-760, 358.905-955 and 390.235-240, shall be protected
as specified in this Code or in State or Federal law;
F.
Local public facilities plans and local street plans shall not be adversely impacted by the
proposed development. Date Received: o.:s 0 4- oq
PI'ilnner' GK
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
Moqifications 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:
ORDINANCE NO. 6238
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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 a change of density allocation with in the density range
allowed in the applicable zoning district; Date Received: (J J 04 @'1
Planner: GK
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 1-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-alignment or re-designalion of arterial or collector streets
initia!ed by the applicant;
3. The inability of the City or the applicant to provide essential public infrastructure;
ORDINANCE NO. 6238
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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. .
15.13-140
, .
Assurance to the Applicant
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, orthe 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 shal! be recorded at Lane County Deeds and Records and
the original returned to the City."
Oat,1 ReCeived' 0 3: 0 1- 07
Planner: GK .
ORDINANCE NO. 6238
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SECTION 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 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. .
ADOPTED by the Common Council of the 'City of Springfield by a vote of _ for and
_ against, this _ day of , 200_"
APPROVED by the Mayor of the City of Springfield, this _ day of
200_"
ATTEST:
CitY~
(
0:1 oif OJ
Date Received:
Planner: GK
. Tn P, ^ l"""C>'i'lc-n
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Jo...,........ i ld.A''''-i
.n?:-L~--1-C'1
.- ,~, ~"f .".,r-; C-'.-~:i',!;::y
City of Springfield, Oregon
CERTIFIED TRUE COPY
~xf liU!L--
City R order .
ORDINANCE NO. 6238
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EXHIBIT 1
SDC AMENDMENT
STAFF REPORT
APPLICANT
o:s 04 o~
Date Received:
Planner: GK
City of Springfield - Case Number LRP 2008-0011
REQUEST
Springfield Development Code (SDC) Amendments - Section 5.13-100 Master Plans; Section
3.3-200 Drinking Water Protection (DWP) Overlay District: and various sections to correct
Scrivener's errors created with the adoption of the reformatted SDC.
BACKGROUND
1. Proposed Master Plan amendments. The proposed amendment of Section 5.13-100 Master
Plans arises from issues occurring during and after the review ofthe Marcola Meadows,
RiverBend and MountainGate Master Plan applications. The proposed 'amendment
addresses the following issues:
a. Incomplete applications - by requiring the same Pre-Submittal Meeting review process
that currently applies to Site Plan, Subdivision and Partition applications to also apply to '
Preliminary and Final Master Plan applications (see Sections 5.13-115 and 5.13-132).
b. The Jack of a formal Final Master Plan review process - 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 brmid purpose 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 IIIIIV
procedure to an initial Type 111111 procedure. The Final Master Plan application is
specified asa Type I1II procedure (see Sections 5.13-115 and 5.13-131).
e. Broad Preliminarv Master Plan submittal requirements and approval criteria - by
establishing clearer Preliminary Master Plan submittal requirements and approval criteria
sections (see Sections 5.13-120 and 5.13-125).
f. Vaque requlation - 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 try;s 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 materi41~' a:ccording 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 Springfield Development Code'
(SDC) was adopted by the Springfield City Council on September 17,2007. The
reformatting process was a substantial undertaking that resulted in the reorganization of
hundreds of Code regulations in what were formerly 45 "Articles" into 6 Chapters. The
volume of the reorganization task resulted in some unintentional omissions; some
inaccurate references due to renumbering; and some errors in punctuation known as
Scrivener's errors. Thus, on December 3, 2007 the City Council adopted the first round of
what are called Scrivener's errors. The 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.
SPRINGFIELD DEVELOPMENT CODE CRITERIA FOR SDC AMENDMENTS
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;"
Date ~eceived:
Planner: GK
0], 04- o>'}
"The Eugene-Springfield Metropolitan Area General Plan [Metro Plan] is the official long-
range general plan (public policy 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 FindinQ:
The proposed Master Plan amendments involve proposed process changes discussed in
general in B.1., above and specifically in the proposed text in Attachment 4. The term "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 term "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 as 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 as 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 Scribner'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 Reformat 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
imple'ments Metro Plan policies. The proposed amendments do not rise to the Metro Plan
policy level. The proposed amendments, as with the reformatted 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.
"B.) Applicable State statutes,"
Date Received: o:s O'Lf 0')
Planner: GK
Staff Response and Findinq:
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. Except 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
.
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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 Response and Findinq:
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 as required on August 22, 2008. The first
scheduled hearing will be held by the Planning Commission on October 7, 2008. The .
Department will receive notice of Council adoption as specified in (2)(a) above.
"C. Applicable State-wide Planning Goals and Administrative Rules. "
GOAL 1: CITIZEN INVOLVEMENT - OAR 660-015-0000(1)
GOAL 2: LAND USE PLANNING O~R 660-015-0000(2)
GOAL 3: AGRICULTURAL LAND OAR'660-015-0000(3)
GOAL 4: F.OREST LANDS OAR 660-015-0000(4)
GOAL 5: NATURAL RESOURCES, SCENIC AND HISTORIC AREAS, AND OPEN SPACES
OAR 660~015-0000(5)
Date Received: 02, Of or
Planner: GK
. 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: WILLAMETTE RIVER GREENWAY OAR 660-015-000(15)
GOAL 16: ESTUARINE RESOURCES OAR 660-015-000(16)
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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)pDate Received; 0:3 0 if 09
tanner: GK
Staff Response and Findinq:
Goal 1 Citizen Involvement: The 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 Planning Commission on Tuesday, October 7,2008; a
public hearing on these amendments will be conducted by the City Council on Monday,
November 17, 2008. Specifically, In addition, there was a Planning Commission work session
held on September 16, 2008 and a City Council work session will be held 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 major development while still in its early stages and complies
with/utilizes State-wide Planning Goal 1, Citizen Involvement.
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 recently 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.
CON CLUSION/RECOMMENDA TlON/REQUESTED ACTION
Staff has demonstrated consistency with criteria of approval listed in SDC Chapter 5, Section
5.6-115; with Metro Plan policies; with State statutes; and with State-wide Planning Goals and
Administrative Rules where such law applies to these amendments. Staff recommends the
Planning Commission: approve the attached Order and forward the proposed amendment of
Chapters 3, 4, 5 and 6 of the SDC to the City Council with a recommendation for adoption. .
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EXHIBIT 2
LEGISLATIVE FORMAT
MASTER PLAN PROCESS
DRINKING WATER PROTECTION OVERLAY DISTRICT
SCRIVENER'S ERRORS
SECTION 5.13-100 MASTER PLANS
Commentary. Current Section 5.13-100 is deleted in its entirety to make room for the
proposed amendments. However, the term "Master Plan" is currently mentioned In SDC
Sections 3.4-215 through 3.4-225 (the Glenwood Riverfront Plan District). This current version
will be placed in SDC Appendix until such time as the Glenwood Refinement Plan and the
Glenwood Riverfront Plan District are updated. Text proposed to be deleted is shown as: [~
through]. Language proposed to be added is shown as: lanauaae added. L
[Section 5.13 1 gg Master Plans
I 5.1 J 1 Q5 Purpese
^
...
t. Master Plan is a comprohensive plan tRat allows pRasing of a speGific sevelopR'lent area
ovor seveFaI yoars fur public, cOR'lR'lerc;ial, industrial er FOsisential development. t.Master
Plan, in tRis context, is spocific te this Cese and is not considereste se a r-olinement fllan
er any etRer simibr subset ef tRe Metre Plan. By assressing public; so'rvic;e impacts ans
deve\epFRent requiroments at the tiR'le ef approval ef Master Plan, these iFRpacts and
~;~~=:r"~~~ ~:~~~~~~~~~:~O~~i~~~:~~~~a~~:d;;~O;~ R'l:1 rely
8.
ne purpese ef a Master Plan is to:
1. Provise preliminary approval for the entire develepR'lont area in relation to bnd
uses, a range ef FRiRiR'lum to R'laximum pelential intensitiec ans sem:ities,
:mangement of uses, and tRe location of public; facilities and transportalio'n systems
when a sevelepR'lent area is propesed 10 se sevelopod in flhaGos;
2. t.ssuro thaI individual flhases of a sovelopment will se coor-Elinates with each othor; .
J. Previse tRe applicant an assurance ef the Citis ol\pectation fer tho everall
seyelepment as a sasis fer setailed planning and invee;tR'lent 13)' Ihe sevelefler.
C. The Planning COR'lR'lise;ien shall appreve IRe Masler Plan flrior tG City apflFOval of a relates
Subdivision er Sile Plan aflplication; however, IRe Macter Plan R'la)' be reviewos
concurrently l'.'itR a Zoning Map aR'lensR'lent, Discrelionarj Use, Variance andieI' an)' elher
application or aflflroval sOI,J€jRI sy the applisant relales 10 IRe Master Plan.
g. SI,Jejoct to flrior i'lflpreval of a Master Plan, a separ.alo SI,Jssivision or Sito Plan application
shall so aflproved fer each phae;e. TAD Master Plan shall be IRe sasis fer IRe evalI,Jalion of
all phases of development en any issI,Jes that it assrose;es. Phasee; R'la)' be combined fer
cem;iseration.
.
.
E.
ApFiroval of a Master Plan is effeGtive for \,IFi to 7 'ears' R ... ..
time limit may be extended pursuant to Section 5) 13 1Ja o;t~r the aFipr-o'/od Master Pbn
:lng $Gheeule, ' , ,. e~flfiG:lt:ons te tRe Master Plan
O . R 03 ,y1.J. o>cJ'
ate eceived: I
Planner: GK
I 5.13119 Jl.l'll'lliGallility
~ Moster Pl3n process applies when inili:lted by an aFiplicant "'hen the fell' 'I '
. . .. oWing rs:F1~en:J ::ire
The sO'lolopmonl area is \,Inder one ol'lnership; or
If the se'lelopFRent area has multiFile owners th II ..,
writing to the Master Plan review Firocess; a~d en a 0.. ReFS: of record have eonsentod in
The dovelopment aroa is 5 acros or greater.
Nolwithstanding tho foregoing, the Director ma ' doterFRi
IS InapprowiiJte as a Master PI3A aAd the al'lPli~ation "'il~: ~h~t the FiFOl'losed develoFiFAOnt
.' .. 0 ~e aGcepted,
I 5.13115 Review
^
...
8.
c.
g.
E.
^
...
8.
c.
D.
^
...
Moster Pbns: are reviewed under TYl'le III preeesblFe blAI IR g'
the iJpplicotion should De ro\'iewes as a TYl3e I" d :, o~~ e lroctor determinos that
. .complexity of the application, . OCISlon ) the City CounGl1 suo to tho
8.
The el(isting Metro PliJ~ Gosignation and zone €:lassificatio
n.
,^. '.'ieinily FRal3 sra'....n to scale on a streot ease FRap.
A legal description of the I'lrel3erP' togolher '"'ilh ' .
eOUnGarios of tho subject property. .. a FRap drawA te seale Gepieting the legal
!\ topography mop and narr-otive Gepicting I3resent ' ,
streets, significanl vegetation, wotbnds srai ..~s~s of the laAG, eXisting stnJ€:lures,
maA .A'liJde features, ' nage ..a) sane ethor relevant natural ans
^ sito plan showing localion oAe type of all lane \,ISSS '
apl3FElxiA'late AUFReer ef \,IAils or square feel:lge f prGj3~see, apprElXIA'late acreage aAG
rele'/anl maluro€:. 0 blses, a8pcentl3Foporty uses ::md
o.
.
.
F.
TAS dem:ity or inton~ity of 13r-Gl3osea u~e~.
G.
The maximum height and sizo of propo~od strucluro~.
.^. public f3cilitio~ plan showing oxi~ting' :mal3r-Gl3o~od E;treets, utilities, sanitary sower,
natur.LJ1 anal3ipoa storm drain:Jge E:~'~tom, wator ~or\'ioo,bike anal3edo~trian ways and
tran~it 10cationE;.
1-1.
I.
Map~ and narrativo showing off sito public imI3Hl'/emont~ neoe~~ary to seFVe the l3r-Gposed
dovelol'ment ana/or to mitigato iml3aots to adjacent Wel30rty or l3ublic facilities.
J.
TFio Director may require additien:J1 informatien neoessarj to evaluate tFie wopoE;ea
dC',Iclol3ment, inGluding. but not limiteato: an ",See analy~is, geology, ~oil6, stormwator,
s:miklry, troel3fesor'latien, Ristorical,archaeological, ana traffic iml3aGt. ^" relatod maps,
excludin€! "ioinity and detail 'maps, shall bo at the same ~Gale.
K.
Previsions, if any, for re~orvation, deaiGation, or UE;e ef lana for l3ublio l3urpo~e6, inGluding,
but net Iimitoa to: ri€!ht~ ef way, ea~ements, parks, open 6pace~, and sORool sites.
.'\n overall sGhodule er de~cription of phasin€!;and the de'/olopmsnt te occur in eaGh
phase. If I3hacing altorn:Jtivo~ are Gontompl3tod, those altern:Jtives shall be dosoribod.
L
M.
Where off sito or othor infFa~tructuro improvoment~ arc reEjuired, the apl3licant ~hall spocify
the timin€! ana method ef socuring the iml3revomont, incluaing bond, lellor of creail, jeint
dopqsit er ether socurity satisfactory fer said improvoment construc!itlliJ ,ReceiVed: 03 Glf 0'1
".' . f .....1.1 f .~.. f I 'I ~ . Planner: GK
uO~lgnatlen 0 ro~ponSILJII y or provl"lng In ras rUG UFCl an" ~Or'llces.
N.
^ general ~chedulo of annexatien consistent with the I3hasiR!:! I3lan, if applicaelo.
I 5.1 J 125 Criteria
^ Master Plan may be approved if tho Planning Commissien Hnd~ tRat tRe I3rel3osal GeRfeFR'lS with
all of the following appro'/ai criteria. In tRe evont of a GenfliGt with al3woval criteria iR tFiis
Subsoction, the mor.e ~pOCiHC requirement!: apl3ly.
, A The zenin!:! ef tRe pmporl'j shall be consisteRt with the Melro Plan Giagram andlor
applicable RefinemeRt Plan Giagram, Plan Distriot map, ;:lRa Conooptual Develol3moRt
PIaf!;
8. The roquo~l, a~ conditionod, ~hall cORferm to applicable SI3RngHold Devolol3ment COGe
requirements, Metro Plan policies, ReHnoment Plan, Plan District, aRa CeRGeptual
Development Plan policios.
C. Prol3osed on site :Jnd off site improvements, both publio ana I3rivate, are suffiGient to
aGGemmodate Iho proposod pha~od aevelol3ment and any Gal3aGily roquiromeRls of public
faGilitie~ plan~: and provisieRs are made to a~~OIre Gon~truction of off ~ite improvemenls in
conjunction with a ~chedOlle of the phasing.
D. The roque~t ~halll3rovide adoquate guiGaRGe for tRe ae~ign aRG GeerdinatioA of ftJtOlre
pha~os;
.
.
E. PhysiG31 foatl,Jres, iRcl\,Jding b\,Jt ROt IimitoEl te steel3 slopes with um:table soil er geologic
conElltleRs, aroas with susceptibility to flooding, significant clusters of trees anEl si:lrI,1bs,
water-Geursos .shown 131'1 tRe WQLW Map :mEl tRoir Qssodatod riparian areas, wotl:Jnds,
r~ck. outcrop pings aREI open spaces aREI areas ef historic aRd,lor archaeological
significance as m3Y be sl3ecified in Sectien a.a 900 or ORS 97.710 7eO, a511.905 955 and
a90.235 210 shall be l3Fotected as specifieEl iA this Cede or iR State or Federal law; and
F. LeGal public f3cilities I3l3ns and local t:treet I3laRs t:hall Ret 1313i3dversely impacted by the
prol3ot:eEl dl3vl3lopment. Date Received: Q 3 olf 0'1
I 5.13130 CORt:!itioRS PlaAACr: 01(
The ^l3l3roval ^OItherity may alt3ch reat:enably necest:ary conditioRs to minimizl3 Re!'j3tivl3 impactt:
at: sl3ec!ficd In thiS Coge to ORt:um that the proposed development C3n fully meet the criteria ef
SeGtlon 5.1 d 125, and. may reEjuire !'juarantees to ent:OIre CeFRl3liaRce. Additionally, the 3pprov31
FT13Y cont3/R any condlll8ns nocet:sal)' to impleFRORt tRe provisions of Sectien 5.1 d 120 including a
sohodule ef foet: and ch3rgos, a schedule of compliance review aRd the exteRt ts wRicR tho
M3ster PI3n is at:signable.
I 5.13 135 Mot:!ificatioRs to tile Master PlaR aRt:! SGllet:!!;Ile
Applications for ph3se FRodifiGation 3ppmval which are in substanti;J1 conformitY'/iitR aR al3wsved
Master Plan Sh311 Ret 130 d9~FRed a modificalioFl of the pl3n. ModifiG3tions to tho M3ster PlaR
sh31113e pre~essed uREleFtho applic3ble procedures det:cribed below te amend the Pl3n:
^. Medifications th3t do Ret affect the b3sic underlyiFl!'j assuFRptions of thl3 adopted M3t:ter .
Plan and which are Ret determineEl te 13e siFRilar to Subsection B. or C., below shall be
procot:t:ed as a ministerial E1ecit:ion by the Dir8E;tor.
, ",\.'
8. Modifications that 3re significant, but do not atfect the basic underlying assuFRptions of the
apl3roved M3t:tor. i=?laR, .shall be preGessed under Type II pmcedure. These modific3tions
inclOlEle a request;
1.
BYt:e aPflic~~t fer a ch:n~o ~f density allecation with in the dem;;it,! range allewed
In e app lea 0 zORlng IS rlC ;
2.
By the al3plicant for a chaRge te the alignment of right of '.'lay roquiromeRts of looal
streets; .
3.
By the applie:lnt or City fer a change to the sizes or leC31ion of publie f3cilities;
By the applieant fer a ehange of scheduled phasiRg beyonEl tRe appr-eveEl tiFRe liFRit
fer the ph3E:eEl E1e\'eleI3FRent 'Nhenlhe proposed cRange affects the censlructien of
scheduled pul3lic iFRl3Fs'/ementt:;
1.
5.
By the Cit'! eased en the r.equirement to impleFReRt Rewly aElopted St3te or Federal
regulatiens;' . ' .
Ii.
By the al3l3li~ant f?r a ene ti~e extensien ef tRe al3l3fe'/ed time limit fer OIp to tRree
years. The time liRe extension will be granted provideEl the appliS3nt h3S FR3de
.
.
rea~omble pro@res~ in the iFRplemontation of the Ma~ter Plan and pul3lit;; ~ervicOE:
and facilitie~ r.emain aV::Iil3l3le;
7. By the ::IPI3Iit;;ant to aller signilicant natuFal resource~, '....ellans~, open ~pace ar.ea~,
archaeologic and hiderit;; fealures beyond tAo sGope of the approvos Ma~ter Plan;
~ .
8. By the appliG(]nt fer othor FRosilications to Iho approved Ma~ler Plan tAat the
Director determine~ 10 ee ~imibr 10 tho mosilit;;ations speGilies in IAis Sul3soGtion.
C. M08ilication~ whisA affeGt the unqElrlyin@ ea~ic a~sblrnplion~ of lhe appr-oved Ma~ler Plan
or that prohibit, re~triGt or ~ignilisantly affect it~ implementalion ~hClII ee pret;;e~sod unsor .
tAe Type IIII3FeGodure, ans inGlude:
1. .\ Zoning MClp amondment or Discretionary Us:e Clpplicatien inilialod ey tho
appliG(]nl; .
2.. /\ m(juest for lhe ro alignment er re sesi@nation of ClrteRal or collector streets
iniliatod ey the applieant;
3. The imeility of the City or the applicant lGl provide es:senlial puelis infras:truGltJre;
4. .\ ro~b10~t ey lhe Cil'j easos on the requiremont to implemont newly aseples Stale
or Federal re@ulatiens:; .
5. .^. FOquost by lhe applicant for extendon of lhe time limit of the Ma~ler Pbn eeyond
the Clpproved time limit ~pecilies in Sueseelion B.a., al3e\'o or lhe extons:ion .
permittes in Section 13.13 1 ila, sut in no C:Js:e s:hall the extension exceod 1 a YGI::IFS
from the original Mas:ter Pl3n apwoval €late; er
6. Other Ghange~ Ie the linal approyos Mas:tor Plan as reEjuostoe by tho applicant thClt
tho Director determines 10 ee siRli1ar 10 the medilications: ~pocitied in this
Subsection. ','_" R . d 0 ~ 0 d 00
...",,6 . ecelve: ~ ~J
I 5.13 14Q AsSIlr3AGe to tile ^ppliG3At ;"iaflfler. 01<
A. ^ppro\'al of the Master Plan s:hall Cls~um the app.licant the right to procoes with Ihe
eevelopment in s<Jbstanlial conformity '....Jth the Master Plan, S:b19jsct to any mediticalions:
as A'lay be appreved as ~pocities in Section 5.13 135. Chang os: 10 OraiFlancss:, policios:'
ane stand,mls: Cldopte8 after lhe sate ef appre'lal of the Master Plan shClII net apply to
the development.
a. Ph::l50 opprovals: s:hall OGctJr thFablgh lhe laFlS divis:ion FOvie....' process:, as speeilied in
Section 5.12 100, or the aita Plan roview proces:s:, as s:pot;;iliee in SectioR 5.17 1 QQ, as
ap~lica91e.
C. ThEi Master PlaFl sA311 ee lhe easis fer the e'ialblation ef allllhases ef de\<elepment en
any is:GbIes which it asaresses:. .I'.pprovClI ef sO'lelopment phas:es lI.'illl;)e grantee s:tJeject
to the lerms: and conditions: af the Macter Plan, eut subject to the applisaele
CGvelopmEl~t Code previs:ioRS and City OrsiRances: en is:wes: wi:1ish the Master Plan
doos not Clsdross.
..
.
D. Notwithst3nding the ~receding WO'liGion, the City shall not he obligated to provide ~1d81ic
irnproveA'leAtG 3ffecting implemontation of the M3stor PlaA if ~1d81iG ftlnds are not
a'l3ilable. -
I;;. The City SRClII not 8e roquirod te ap~rove development of any phase described in the
Master PICln if the approval violates applicable j;:eeer:J1 or State et:Jtldee or adrninietr:Jtive
FHIe&,
F. Tho Clpproved Mastor PICl!l shall bo rocorded at Lano Celdnty Deede :Jnd Recorde :Jnd.
iho origin:J1 retldfAe8 to tho City.]
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
5.13-1.34
5.13-135
5.13-140
Section 5.13-100 Master Plans
;:.
Date Received:
Planner: GK
0;:'0 lfo1
, '
\;..
Purpose
Applicability
Preliminary Master Plan - Review
Preliminary Master Plan - Application Concurrency
Preliminary Master Plan - NeiQhborhood MeetinQ
Preliminary Master Plan - Submittal Requirements -
Preliminary Master 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 - PhasinQ Implementation
Final Master Plan - Modifications
Final Master Plan - Assurance to the Applicant and City Disclaimers
I 5.13-105 Purpose
Commentary. The "definition" of a Master Plan is clearer - the specific purpose is to aI/ow
phasing of development over time.
A. A Master Plan allows phasina the development of a specific properlY over several years.
Commentary. The current pUlpeise.statements are revised to give them more substance,
B. The purpose of a Master Plan is to: .
1. Facilitate the review of multi-phased developments that are desired to be
'developed for more than 3 years and ensure that individual phases will be
coordinated with each other over the duration of the Final Master Plan:
2. Ensure that a full ranae of public facilities and services are available or will be
provided for the proposed phased development and to plan the extension of
necessary public infrastructure in a timely and efficient manner.
3. Determine specific land uses, a ranae -of minimum to maximum square footaae of
non-residential uses and a ranqe of minimum to maximum densities of residential
.
.
uses. the arranqement of uses. and the location of public facilities and
transportation systems;
4. Identify. durinq the public review process. potential impacts. includinq but not
limited to noise. shadinq. qlare. utility capacity and traffic and consider
alternatives for mitiqatinq these impacts to affected properties andlor public
facilities; .
5. Provide the property owner an opportunity for the concurrent review of
discretionary land use decisions: and
6. Provide the property owner with the assurance needed over the lonq term to plan
for and execute the proposed developmentDate Received: <:>.2 <=> Z.f 0<;]
Planner: GK
I 5.13-110 Applicabilitv
Commentary; The current sac Master Plan review process implies there is a two-step
process. but is not specific. The proposed review process is formalizeq into two distinct steps -
the PreliminalY Master Plan and the. Final Master Plan.
A. Approval of a Master Plan is a two-step process that includes Preliminary Master Plan
Approval and Final Master Plan Approval. This process applies when the followinq
criteria are met:
1. The property is under sinqle ownership: or if the property has multiple owners. all
owners of record consent in writinq to the Master Plan review process; and
Commentary. There is no change to the current 5 acre minimum. except that there may be
situations where a perron owns less than 5 acres and desires more time to develop than is
currently allowed by the Site Plan Review process, which is 2 years, with up to a one year
extension. There is no change to the current maximum allowable time line of 7 years, unless an
extension is requested and granted as discussed in Section 5.13-135.
2 The property is 5 acres or qreater and the applicant desires development to be
phased over a period not to exceed 7 Years. unless modified as specified in .
Section 5.13.135. .
EXCEPTION: The Director may allow an exception to the 5 acre minimum. if the
applicant requests phasinq for more than 3 Years.
Commentary. Originally, the Master Plan process was adopted in the 1980's to apply to
Mountain Gate, a residential development. Most recent Master Plan applications have involved
either commercial or commercial/residential mixed use. SubsEfction B. lists proposed
development options that may occur in a number of zones or mix of zones.
. B. A Master Plan may include public. commercial. industrial or residential development. or
any combination thereof.
I 5.13-115 Preliminary Master Plan - Review
.
.
Commentary. There is a change proposed for the level of review for a Preliminary Master
Plan. Currently, a Type III procedure (Planning Commission review) is required for all Master
Plan applications. A Type II procedure is proposed because the intent of the Master Plan
process is similar to a Site plan application, which is a Type II review. The difference between
the two applications is that Site Plan approval is good for 2 years and the Master Plan approval
is good for 7 years and the Site Plan Review application requires more specific information.
A. The Preliminary Master Plan shall be reviewed under Tvpe II procedure.
EXCEPTIONS: The Preliminary Master Plan shall be reviewed under Type III procedure
if:
1. The Director determines durinq the Pre-Application Report process that a Type II
procedure is not acceptable based on the proposed size of the Master Plan site:
arid/or the availabilitvlcapacity of public facilities; and/or impacts to adiacent
properties inciudinq but not limited to noise and traffic; and/or
2. The applicant chooses to submit concurrent Type III procedure applications as may
bepermittedinSDC5.13-116.B. ~U^'r'eR' 0'"
. co ~celved: -.5 0'4" oCZ
B. Prior to the submittal of a Preliminary Master Plan apbM!~, GK .
Commentary. The "Pre-Application Repol f"' plOcess is curre,~tiy used to allow the applicant to
ask staff an unlimited flumber of questions regarding the proposed development. . No change is
proposed regarding the use of this process.
1. A Pre-Application Report application. as specified in Section 5. 1-120.B" is required
prior to the formal submittal of the Preliminary Master Plan application.
Commentary. A Master Plan is a multifaceted application. Requiring the Pie-Submittii' Meeting
application will allow staff to evaluate the Preliminary Master Plan application for COmpleteness,
orior to formal submittal by the applicant and the start of the State-mandated 120-day review
time line.
2. A Pre-Submittal Meetinq application, as specified in Section 5.1-12Q.C" is required
prior to the formal submittal of the Preliminary Master Plan application.
I 5.13-116 Preliminary Master Plan - Application Concurrency
Commentary. Currently, there is no prohibition on concurrent Metro Plan diagram and/or text
amendment applications, but past City practice has been that any required Metro Plan diagram
and/or text amendment application was approved orior to the submittal of the Preliminary Master
Plan application. The text in Subsection A., below continues this past practice.
A. If the applicant requires or proposes to chanqe the Metro Plan diaqram and/or text, the
applicant shall apply for and obtain approval of a Metro Plan diaqram andlor text
amendment prior to the submittal of the Preliminary Master Plan application. The Metro
Plan diaqram and/or text amendment may also require amendment of an applicable
refinement plan diaqram or Plan District Map. .
.
.
B. The Preliminary Master Plan may be reviewed concurrently with other Type III applications
includinq a Zoninq Map amendment. Discretionary Use. Maior Variance, or a Willamette
Greenway development application.
Commentary. Currently, SDC Section 5. 13-105C. states: 'The Planning Commission shall
approve the Master Plan prior to City approval of a related Subdivision or Site Plan
application...." This language now specifically refers to the "Final" Master Plan. There is no
'change to the intent of this requirement.
C. Subdivision and/or Site Plan applications that initiate the various phases of proposed
development shall not be submitted concurrently 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. Date ~eceived: 03 oLf o~
5.13-117 Prelimina Master Plan - Nei hborhood Meetin
Commentary. During .the Marcola Meadows Metro Plan diagram and Zoning Map amendment
process, the applicant voluntarily provided notice and held a neighborhood meeting to explain
the proposed deveiopment, This undertaking helped educate neighbors to the intent of the
proposaj orior to. the pubJic hearing:process., This is now a requirement for Master Plan '
applications because it allows the public to be involved in a maior development while still in its
early stages and complies with/utilizes State-wide planning Goal 1. Citizen Involvement.
To provide the opportunity for early citizen involvement in the Master Plan review process, the'
applicant shall provide notice and invite citizen participation by initiatinq a Neiqhborhood Meetinq.
The meetino shall be scheduled after receipt of staffs response to the Pre-Application Report
application required In Subsection 5.13-1178.1.. and prior to the formal submittal of a Preliminary
Master Plan application. The meetinq is not intended to produce complete consensus on all
applications. It is intended to encouraqe applicants to be qood neiqhbors. The applicant shall be
responsible for schedulinq and orqanizinq the meetinq. arranqinq the meetinq place. notice and all
related costs. City staff will attend the neiqhborhood meetinq in 'an advisory capacity to answer
questions. The notice shall provide a brief description of the proposal and shall be mailed to those
property owners and residents within 300 feet of the proposed development. The meetinq may be
held in anv public or private buildlnq capable of accommodatinq the proceedinq. The buildinq
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 meetinq with the Preliminary Master
Plan application as required in Subsection 5.13-120N.
I 5.13-120 Preliminary Master Plan - Submittal Requirements
Commentary. The submittal requirements Section is'updated to incorporate certain aspects of '
the Site Plan Review application in order to provide more specificity to the applicant. The basis
for the detail req'uired in these submittal requirements is found is Section 5. 13-140A. 1.. which
states: "The applicant is entitled to rely on land use regulations in effect on the date the Master
Plan application was submitted, in accordance with ORS 227.178(3) for the 7 year approval time
limit, with a single 3 year extension. or as otherwise previously approved." Staff needs to
determine that the application of the current standards will allow for approval of the Preliminary
Master Plan application. In addition. the terms: "Certified Planner" and "Civil Engineer" have been
add'oid to the design team, '
.
.
The Preliminarv and Final Master Plim applications shall be prepared bva professional Desian
Team. The applicant shall select a proiect coordinator. All related maps. excludina vicinity and
detail maps. shall be at the same scale. A Preliminarv Master Plan shall contain all of the
elements necessary to demonstrate' compliance with the applicable provisions of this Code and
shall include. but not be limited to:
A. General Submittal Reauirements. The applicant shall submit a Preliminarv Master Plan
that includes all applicable elements described below and a narrative aenerallv
describina the purpose and operational characteristics of the proposed development.
The narrative shall include: .
1.
The existina Metro Plan desianation and zonina, Where the proposed Master Plan
site is within an.overlav district. Plan District or Refinement Plan the apPlicable
additional standards shall also be addressed;
2.
The location and proposed number of residential units and/or sauare footaae of
commercial. industrial and/or public uses;
3.
The density 0'[ intensitv of proposed uses. includina applicable Floor Area Ratios
WARs); and
Date Received; (:).3 O'f o~.
Planner; GK
4.
The applicant shall attach:
a. A map depictina existina zonina and land uses within 300 feet of the
proposed Master Plan boundary; .
b. A Vicinity Map .drawn to scale depictina existina bus stops. streets.
drivewavs. pedestrian connections. fire hvdrants and other
transportation/fire access issues within 300 feet of the proposed Master
Plan site; and
c. A leaal description of the propertv within the proposed Master Plan
boundary.
B. A Site Assessment of the entire proposed Master Plan site that preciselv maps and
deiineates the existina conditions on the site. Proposed modifications to phvsical
features shall be clearlv indicated. Information reauired for adiacent properties mav be
aeneralized to show the connections to phvsical features. A Site Assessment shall
. contain the followina information. as applicable:
1. A full size map deoictina the proposed Master Plan boundary toaether with
existina lot/parcel lines;
2. The 1 OO-vear floodplain and f100dwav boundaries on the proposed Master Plan
site. as specified in the latest adopted FEMA Flood Insurance Rate Maps or
FEMA approved Letter of Map Amendment or Letter of Map Revision;
3. The Time of Travel Zones. as specified in Section 3.3-200 and delineated on the
Wellhead Protection Areas Map on file in the Development Services Department;
.
.
4. Physical features includinq. but not limited to siqnificant clusters of trees and
shrubs. wetiands as specified in Section 4.3-117. rock outcroppinqs and
watercourses shown on the Water Quality Limited Watercourse (lNLQW) Map
and their riparian areas on file in the Development Services Department. In the
latter case. the name. location. dimensions. direction of flow and top of bank shall
be depicted. If the proposed Master Plan site is located within 150 feet of the top
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 information as mapped and specified in the Soils
Survey of Lane County. A Geotechnical report prepared by a licensed
Geotechnical Enqineer shall be submitted concurrently if the Soils Survey
indicates the proposed Master Plan site has unstable soils and/or a hiqh water
table; and
6.
Existinq elevations and contours.
Date Received: 63 OlfOCf
Planner: GK
C. A Gradinq Plan which includes: existinq and proposed elevations and where 2 or more
feet of fill or qradinq is anticipated for portions of or the entire proposed Master Plan. site.
On hillsides, the plan shall show pad sites and their relationshlb to the public riqht-of-way
with existinq contours at 1-foot intervals and percent of slope. In areas where the percent
of sl0pe is 10 percent or more. contours may be shown at 5ofoot intervals.
D. A Stormwater Manaqement Plan diaqram which includes the stormwater manaqement
system for the entire proposed Master Plan site and any impacts on adjacent properties.
The plan shall contain the followinq components:
1. Roof drainaqe patterns and discharqe locations:
2. Pervious and irnpervious area drainaqe patterns;
3. The size and location of storrnwater manaqement systems components.
includinq but not limited to: drain lines. catch basins. drv wells and/or detention
ponds; stormwater quality measures: and natural drainaqeways to be retained
and/or modified:
4. Existinq and proposed elevations. site qrades and contours: and
5. A stormwater manaqement system plan with supportinq calculations and
documentation as specified in Section 4.3-110 shall be submitted supportinq the
proposed system. The plan. calculations and documentation shall be consistent
with the EnGineerinG DesiGn Standards and Procedures Manual.
E. A Wastewater Manaqement Plan with maps and a narrative depictinq the location and
size of existinq and proposed wastewater facilities with supportinq calculations and
.
.
documentation consistent with the EnGineerinG DesiGn Standards and Procedures.
Manual.
F. A Utilities Plan with maps and a narrative depictina the location and size of existina and
proposed water. electrical. aas and telephone service: and the location of existina and
required traffic control devices. fire hydrants. street liqhts. power poles. transformers.
neiGhborhood mailbox units and similar public facilities.
Commentary. The Landscape Plan can remain conceptual to help reduce development costs.
The detailed SDC landscape standards will be required to be addressed and met during the Site
Plan Review process.
G. A conceptual Landscape Plan with maps and a narrative illustratina proposed
landscapina for the entire proposed Master Plan site. includina. but not limited to: where
existina veaetation is proposed for preservation. especially riparian and wetland areas
and trees; installation of veGetative bufferinG; street trees: aenerallandscapina: and a
percentaae ranae for the total amount of reauired 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 reauired durina
the Site Plan Review application process required .10 implement the Final Master Plan.
Commentary. The need for an overall Site Plan and whether or not the Architectural Plan
should be made conceptual.has been addressed in Subsection A., above. However, for the
purpose of reducing applicant costs and to clarify which portions of the Architectural Plan may
be modifier!, the text has been revised. The detailed SDC design standards will be required to
be addressed and met during the Site Plan Review proc.ess. .
uate Received; 03 eJ''f 0'9
H. An Architectural Plan with maps, includina: Planner; GK
1. Buildina elevations. overall commercial. industrial or public floor area. the number
of dwellina units, buildina heiaht. number of stories and the buildina location or
buildina mass of the primarv structure (as defined in this Code):
2. Illustrative examples of applicable SDC desionstandards and buildina materials
may be considered conceptual. In this case. this requirement. if chanqed in the
future. will not reauire Final Master Plan modification as specified in Section 5.13-
135: and a
3. Narrative. A narrative providina sufficient information to describe the proposed
Architectural Plan.
I. A Parkino Plan and Parkina Study.
1. A Parkina Plan shall be submitted for all probosed development and shall contain
the followina information:
a. The location, dimensions and number of proposed parkina spaces:
b. On-site vehicular and pedestrian circulation:
.
.
c. Access to streets. alleys and properties to be served. includina the
location and dimensions of existina and proposed driveways and any
existina driveways proposed to be closed;
d. The location of and number proposed bicycle spaces;
e. The amount of aross floor area applicable to the parkina reauirements for
the proposed use: and
f. The location and dimensions of off-street loadina areas. if any.
2. A Parkina Study. for other than sinale family developments. with maps and a
narrative depictina proiected parkina imbacts. includina. but not limited to:
proiected peak parkina 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
parkina svstem and adiacent land uses: and proposed mitiaation measures. if
necessary.
J. An On-site Liahtina Plan depictina the location and maximum heiaht of all proposed
exterior liaht fixtures. both free standina and attached. Date Received: 62. a If 09
Planner: GK
K. A Public Riaht-of-Wav/EasementJPublic Place Map depictinQ the reservation. dedication.
or use of the proposed Master Pian site for public purposes. includina. but not limited to:
riQhts-of-way showina the name and location of all existinQ and proposed public and
private streets within or on the boundary of the proposed Master Plan site. the riaht-of-way
and pavina dimensions. and the ownership and maintenance status. if applicable. and the
location. width and construction material of all existina and proposed sidewalks: pedestrian
access ways and trails; proposed easements: existina easements: parks: open spaces.
includina plazas: transit facilities: and school sites.
L. A Traffic Impact Studv. 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 depictina proiected transportation impacts. includina. but not limited to:
the expected number of vehicle trips that may be aenerated by the proposed
development (peak and daily): an analysis of the impact of vehicle trips on the adiacent
street system: and proposed mitiaation measures to limit any projected neaative impacts.
Mitiaation measures may include improvements to the street system itself or specific
proarams and strateaies to reduce traffic impacts such as encouraaina the use of public
transit. carpools. vanpools. and other alternatives to sinale occupant vehicles.
M. A Phasina Plan. The Phasina Plan shall illustrate the proposed location of buildinas.
streets. utilities and landscapina. Phasiria shall proaress in a sequence that provides
street connectivity between the various phases and accommodates other reauired public
improvements such as wastewater facilities. stormwater manaaement. electricity and
water. The Phasina Plan shall consist of maps and a narrative with an overall schedule or
description of on-Ioff-site phasina includina. but not limited to: the type. location and timina
of proposed uses, buildina locations; proposed public facilities includina on-Ioff-site streets
and traffic sianals or other traffic control devices and utilities with the desianation of
.
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construction and maintenance responsibility; estimated start/completion dates with a
proposed tvpe of financial quarantee. includinq but not limited to a bond. letter of credit.
joint deposit or other securitv in a form acceptable to the Citv. submitted bv the properly
owner. a future buver and/or a developer. to ensure planned infrastructure improvements
will occur with each phase. if necessary, or when reauired bv the City. affected loeal
aaencv or the State (the formal submittal of a reauired auarantee tvpicallv occurs durina
the Final Master Plan review process and/or development implementation); a statement
of the applicant's intentions with reqard to the future sellina or leasina (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 bicvcle connectivitv and open space reauirements to the
proposed phasinq.
N. Neiahborhood Meetinq Summary. The applicant shall submit a summar; of issues raised
at the neiqhborhood meetinq as specified in Section 5.13-117.
O. A copv of all proposed and anv existinq covenants. conditions, and restrictions that mav
control development, if applicable.
P. Annexation. A qeneral schedule of proposed annexation consistent with the phasina plan.
if applicable.
Q. The Director mav require additional information necessary to evaluate the proposed
development, includina. but not limited to a:
1. ESEE analvsis. as mav be needed to complv with Statewide Planninq Goal 5.
Natural Resources for site attributes that mav not be on an adopted City inventory:
2.' Wetland delineation approved bv the Oreqon Department of State Lands shall be
submitted concurrentlv with the Preliminary Master Plan app/leatlon. where there is a
wetland on the proposed Master Plan site; anIDate Rece' d' 0.2 0'1 OQ
. . Ive . 1
3. Historieal and/or archaeoloaical studies. Planner: GK
R. Anv concurrent land use applications as specified in Subsections 5.13-1168.
15.13-125 Preliminary Master Plan - Criteria
Commentary. The Preliminary Master Plan approval criteria are clearer. For example, criterion
5. 13-125 B. currently states: "The request, as conditioned, shall conform to applicable
Springfield Development Code ,squirements." This is too broad because it refers to any SDC
requirement. The following Subsections now connect specific aspects of the proposed
Preliminary Master Plan criteria to the applicable SDC Chapter and/or Sections. The SDC
defines "Approval Authority" as the Director, Hearings Official, Planning Commission or the City
Council.
A Preliminary Master Plan shall be approved. or approved with conditions, if the Approval
Authority finds that the proposal conforms with all of the applicable approval criteria.
Commentary. The current "Metro Plan diagram" reference is deleted because either the
applicant has recently applied for and obtained a Metro Plan diagram and/or text amendment,
.
.
and/or the "correct" designation is already in place. Therefore, there should be no need to revisit
Metro Plan policy as part of the Master Plan .review process.
A. PlanlZone consistency. The existinq or proposed zoninq shall be consistent with the Metro
Plan diaqram andlor applicable text. In addition, the Preliminary Master Plan shall be in
compliance with applicable City Refinement Plan. Conceptual Development Plan or Plan
District standards, policies and/or diaqram and maps.
Commentary. This criterion specifically refers to "all applicable standards of the zoning district"
which include building height, setbacks, specific design standards, etc. .
B. Zoninq district standards. The Preliminary Master Plan shall be in compliance with
applicable standards of the specific zoninq district and/or overlay district.
Commentary. This criterion specifically refers to the required Traffic Impar:t Analysis from a
transportation system capacity asp~ct in relation to proposed phases, in addition to the
transportation standards contained in SDC Chapter 4.
C. Transportation system capacity. With the addition of traffic from the proposed
development. there is either sufficient capacity in the City's existinq 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 determine transportation system
capacity. The Preliminary Master Plan shall also comply with any conditions of approval
from. a Metro Plan diaqram and/or text amendment reqardinq transportation and all
applicable transportation standards specified in SDC Chapter 4.
Commentary. This criterion refers to current parking standards in SDC Chapter 4 Development
Standards that apply to specific transportation issues. Date Received: OJ <J 'f 07
Planner: GK
D. Parkinq. Parkinq areas have been desiqned to: facilitate traffic safety arid avoid
conqestion: provide bicycle and pedestrian connectivity within the property and to nearby
transit stops and public areas. The Preliminary Master Plan shall also comply with all
applicable vehicular" and bicycle parkinq standards specified in SDC Chapter 4.
Commentary. This criterion refers to current ingress-egress standards in SDC Chapter 4
Development Standards that apply to specific transportation issues.
E. Inqress-eqress. Inqress-eqress points have been desiqned to: facilitate traffic safety and
avoid conqestion; provide bicvcle and pedestrian connectivity within the properly and to
adjacent residential areas, transit stops. neiqhborhood activity centers. and commercial.
industrial and public areas; and minimize driveways on arterial and collector streets as
specified in this Code or other applicable City and State requlat/ons. The Preliminary
Master Plan shall also comply with all applicable inqress/eqress standards specified in
SDC Chapter 4.
Commentary. This criterion refers to current standards in SDC Chapters 4 and 5 that apply to
specific utility issues.
F. Availability of public utilities. Existinq public utilities. includinq but nollimited to. water,
electricity. wastewater facilities. and stormwater manaqement facilities either have
.
.
sufficient capacity to support the proposed development in all future phases adequately, or
there will be adequate capacity available by the time each phase of development is
. completed. The Public Works Director or appropriate utility provider shall detemnine
capacity issues. The Preliminary Master Plan shall also comply with applicable utility
standards specified in SDC Chapters 4 and 5.
Commentary. This entenon refers to current standards in SDC Chapter 4 Deve/opment
Standards that apply to specific physical feature issues.
G. Protection of physical features. Physical features, includinq but not limited to slopes 15
percent or qreater with unstable soil or qeoloqic conditions. areas with susceptibility to
floodinQ, siQnificant clusters of trees and shrubs. watercourses shown on the Water Quality
Limited Watercourses (WQLW) Map and their associated riparian areas, wetlands. rock
outcroppinqs and open spaces and areas of historic and/or archaeoloqical siqnificance as
may be soecified 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 Chapter 4. .
. Date Received' 03 0 If oq
Commentary. This criterion addresses a specific phasin!P/~a~se OUl/l/y l:,() ,\1a..;0Ia
Meadows Master Plan review process.
H. Phasinq Plan. The Phasinq Plan shall: demonstrate that the construction of required public
facilities shall occur in a loqical sequence. either in conjunction with. or prior to each phase,
or that there are appropriate financial quarantees as specified in Subsection 5.13-120M. to
ensure the phased public facilities construction will occur.
I. Adiacent use protection. The proposed Preliminary Master Plan contains desiqn, elements
includino. but not limited to landscapinq/screeninq. parkinq/traffic manaqement, and multi-
modal transportation that limit and/or mitiqate identified conflicts between the site and
adjacent uses.
[ 5.13-130 Preliminary Master Plan - Conditions
The Approval Authority mav attach conditions as may be reasonablv 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 Quarantee in a form
acceptable to the City to ensure compliance.
I 5.13-131 Final Master Plan - Review
Commentary. Currently, there is no formalized "Final" Master Plan process; it's implied by past
practice. This Section establishes the "Final" Master Plan review process.
A. A Final Master Plan application shall be reviewed under Type I procedure. However, if the
Prelimjnary Master Plan approval was reviewed under Type III procedure, the Director
shall require the Final Master Plan to be reYiewed under Type II procedure.
B. A Pre-Submittal Meetinq application. as specified in Section 5.1-120.C.. is required prior to
the formal submittal of the Final Master Plan application.
.
..
I 5.13-132 Final Master Plan - Submittal Requirements
Commentary. Currently there is no time line for Final Master Plan submittal. The one year
time line is the same as the current Partition Plat submittal time line. Additional/y, there is a time
line extension similar to the current Partition Plat submittal process because of the complexity of
most Master Plan applications. The Final Master Plan submittal packet is also described.
A. Within one year of Preliminary Master Plan Approval. the applicant shall submit the Final
Master Plan. The Final Master Plan shall illustrate the location of proposed buildinos,
streets. utilities. parkino 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. diaorams or plan
sheets that reouire revision:
The specific maps. diaorams. plan sheets or other documents have been revised
andlordemonstrate conformance with the Preliminary Master Plan approval: and
.' . . . Oatt;! Received: 03 olf 0'1
Any other information that may be required by the DiRJemner: GK
EXCEPTION: The applicant may request an extension of the Final Master Plan submittal
for UP to one additional year. The applicant shall submit the request for the extension in
writinQ to the Director no later than 30 days prior to the expiration of the Preliminary Master
Plan .effective date. The applicant shall explain why the request is necessary and
demonstrate how the Final Master Plan application will be submitted within the requested
extension time line. The Director may Qrant or amend the extension request upon
determininQ that the applicant is makinQ prOQress on the Final Master Plan application.
2.
3.
Commentary. Requiring the Pre-Submittal Meeting application will aI/ow staff to evaluate the
Final Master Plan application for completeness, prior to formal submittal by the applicant.
B. A Pre-Submittal Meetino application, as specified in Section 5.1-120.C.. is required prior to
the formal submittal of the Final Master Plan application.
I 5.13-133 Final Master Plan - Criteria, Recordation and Effective Date
Commentary. There are two criteria for Final Master Plan approval. .
A. Criteria. The Approval Authority shall orant Final Master Plan approval upon findino that: .
1. The Final Master Plan substantially conforms to the provisions of the Preliminary
Master Plan approval: and
2. All approval conditions have been met or can be Quaranteed to be met.
Commentary. Staff is aware of the cost and difficulty of recording the Final Master Plan as the
regulations are currently written. The recordation of a Memorandum of Final Master Plan
approval vs. al/ approval documents wil/ reduce costs to the applicant.
.
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B. Recordation. The applicant shall record a Memorandum of Final Master Plan Approval in a
format approved bv the City Attorney and any other required documents at Lane County
Deeds and Records and return a recorded COpy of the Memorandum of Final Master Plan
Approval 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.
Commentary. .Currently. there is no language regarding an "end time" for Final Master Plan
approval. . Date Received: 0,3 04 otj
Planner: GK
2. The Final Master Plan remains in effect until the permitted development has been
constructed or the plan is modified. superseded or expires.
D. Once the Final Master Plan effective date is established. all persons and parties. and their
successors. heirs or assiqns. who have or will have any interest in the real property within
the Final Master Plan boundary. shall be bound by the terms and conditions of approyal 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.
I 5.13-134 Final Master Plan - Phasinq Implementation
A. No Subdivision and/or Site Plan Review applications (phasinq implementation) shall be
submitted until the Memorandum of Final Master Plan has been recorded (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. includinq Subdivision andlor Site Plan Review applications.
Commentary. A Pre-Submittal Meeting application is currently required for all Subdivision and
Site Plan Review applications. This is not another layer of staff review. However, it is necessary
to determine Master Plan compliance and which Master Plan conditions of approval apply to a
particular development phase. Not all approval conditions may apply to a particular phase.
C. The approved Final Master Plan and all applicable conditions of approval shall be
addressed for each Subdivision and/or Site Plan Review application (phasinq
implementation) as part of application completeness durinq the Pre-Submittal Meetinq
application process. specified in Section 5.1-120.C. .
I 5.13-135 Final Master Plan - Modifications
Commentary. This Section specifically states that modifications are made to the "Final" Master
Plan. The current review categories remain, but the level of review is changed from Type 111/11 to
the proposed Type 1//1 because the "basic underlying assumptions" category has been deleted.
Additionally, the permitted Master Plan amendments arc now limited to those listed below in
order to reduce the number of ,;;odification applications. If an applicant requests a modification
of an item that is not listed, then a new Master Plan application would be required. Finally,
Subsection D. is added to list those modifications for which no planning review is required.
.
.
A proposed Final Master Plan modification, or a proposed modification to a Master Plan approved
prior to the effective date of this requlation, shall be processed under the applicable procedures
described below:
A. The followin'q modifications to a Final Master Plan shall be processed under Tvpe I
procedure, These modifications include a request:
Commentary. As part of this additional review, staff is reevaluating all of the current and
proposed Final Master Plan modification categories,
1. Bv the applicant to modify the Master Plan phasinq schedule for a specific phase of
development when the proposed chanqe does not affect the construction of
f",,' .' scheduled public improvements:
2. Bv the City based on the requirement to implement newlv adopted State or Federal
requlations: or
3. Bv the applicant for a one time extension of the approved time limit for UP to 3
years. An extension request shall be filed in writinq with the Director at.least 60
days prior to the expiration of the initial 7 year period. If the applicant has made
reasonable proqress, as determined bv 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 qranted. Date Received: oJ, o'-f oq
Commentary. Those categories that require the 10 percent ft~~OOnF;n%bsection B., below
will be processed as a Type I procedure..
4. Bv the applicant for modifications that are less than the 10 percenfthresholds
specified in those specific instances specified in Subsection B.. below.
Commentary. This Subsection is based upon curr~nt text a;d adds specific thresholds in
certain situations. The level of review is reduced to a Type /I or Type /II procedure to be
consistent with the level of review for the Preliminary Master Plan application,
B. The followinq 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 Tvpe III procedure, based on the proposed size of the Master Plan site:
and/or the availabilitv/capacitv of public facilities: and/or impacts to adiacent properties
includinq but not limited to noise and traffic. These modifications include a request:
1. By the applicant if a proposed permitted non-residential use for example, a church
or a school. affects the approved Final Master Plan residential density:
2. Bv the applicant for 10 percent or qreater increases or decreases in the overall
qross floor area of commercial. industrial or public buildinds: the number of dwellino
units: buildinq heioht: and the location or buildino mass of the primary structure
(as defined in this Codel:
3. By the applicant for increases or decreases in the amount of approved or reouired
parkino by a factor of 10 percent or oreater. The applicant shall provide a new
parkino analysis related to the proposal,;
.
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4.
Bv the applicant for a Zoninq Map amendment or Discretionary Use application:
5.
Bv the applicant for proposals that would increase the number of PM peak-hour
vehicular trips bv 10 percent or qreater, 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 Analvsis supportinq the
proposal:
6.
Bv the applicant to alter the piacement of interior streets bv 10 percent or qreater
from their approved location, as lonq as the modification maintains the connectivity
established bv the approved Final Master Pan,
7.
Bv the Citv or the applicant when essential public infrastructure cannot be provided:
8.
Bv the applicant to modify the Master Plan phasinq schedule for a specific phase of
development when the proposed chanqe affects the construction of scheduled
public improvements: LYle'R' O'ry
"''' ecelved: V 04- 0''1
Bv the applicant for extension of the~!R!lIllfis~lan time limit bevona the
maximum approved time limit of 7 vears or the extension permitted in Subsection
B.3.. above. In no case shall the extension exceed 15 vears from the date of Final
Master Plan approval as specified in Subsection 5.13-133.C. An extension
request shall be filed in writinq with the Director at least 60 davs prior to the
expiration of the initial 7 vear period or anv subsequentlv approved extensions.
The time line extension will be qranted provided the applicant has made
reasonable proqress in the implementation of the Final Master Plan and public
services and facilities remain available:
.,
9.
10.
Bv the applica"nt fora chanqe 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 followinq modifications to the Final Master Plan do not require subsequent land use
review and are allowed upon issuance of a buildinq penmit. if required:
1. Buildinq interior improvements:
2. Exterior improvements associated with existinq buildinqs that do not involve a
chanqe in fioor area, subiect to all applicable base zone development and desiqn
standards and relevant conditions of approval as approved in the Final Master
Plan;
3. Installation of new mechanical or electrical equipment. or modification of existinq
equipment. subject to all applicable base zone development and desiqn 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 Meetinq application. as specified in Section 5.1-120.C., is required prior to
the formal submittal of the Final Master Plan modification application.
Commentary. Criteria are established for modifications.
F. For all Final Master Plan modification applications described in Subsections A and B.
above. the applicant shall demonstrate compliance with the followihq:
1. Anv applicable Preliminarv Master Plan criteria of approval specified in Section
5.13-125: and
,2. Anv other applicable standard of this Code that may be required to justify the
proposed modification.
Commentary. This Subsection adds specific situations where additional Planning review of
Final Master Plan modifications is not necessary.
G. The Master Plan procedures in Appendix 3 of this Code reqardinq Master Plan
Modifications andlor new Master Plans shall applv to properties within the Glenwood
Riverfront Plan District, Section 3.4-200, until these requlations are updated.
I 5.13-140 Final Master Plan - Assurance to the Applicant and City Disclaimers
Commentary. The specific intent ofthis assurance is to protect the applicant from "new"
development standards for the first 7 year time line granted upon Final Master Plan approval
and one 3 year extension for a total of 10 years. Final Master Plan time line extensions that are
more than 10 years, and up to the 15 year maximum would be under regulations in effect at the
time of submittal of this additional time line extension. n t R' 0') OiL 01
. 1.,8 e ecelved: '-" ..,
A. Assurances to the applicant: . Planner: GK
Commentary. A question arose regarding the appropriate review regulations for existing
Master Plan applications 'approved prior to the adoption of this proposed amendment regarding
Section 5.13-135 Modifications. The current text has no specific criteria but refers to "basic ,
underlying assumptions': which was deleted as part of this project because it is vague. Staff has
proposed specific criteria of approval in Section 5. 13-135F1. and 2.:. ';4ny applicable preliminary
Master Plan cn'teria of approval specified in Section 5.13-125; and Any other applicable standard
of this Code that may be required to justify the proposed modification." Staff contends that the
portion of Section 5.13-135 that lists the categories of Final Master Plan have had the review
procedure reduced from a Type 1/ and 1/1 to a Type I and /I and have been made clearer by
adding 10 percent thresholds, in some cases, but do not substantially differ from those listed in
. the current text. In addition. the proposed specific review criteria are the clarification of a
common practice - addressing the Preliminary Master Plan criteria of approval and any
applicable SDC standards. The "or as otherwise previously approved" is addAd to assure
applicants of previously approved Master Plans that their approvals are vested for the timelines
established as approved.
1. The applicant is entitled to relv on standards and criteria in effect on the date the
Master Plan application was submitted. in accordance with ORS 227.178(3)(a) for
.
.
the 7 year approval time limit. with a sinqle 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 riqht to proceed with development as lonq as it is in
substantial compliance with the Final Master Plan and other required approvals and
permits. subiect to any modifications as may be approved as specified in Section
5.13-135.
Commentary. These Subsections appear in other Sections of the current SDG.
B. City Disclaimers:
1. The City shall not be required to approve development of any phase described in
the Final Master Plan if the approval violates applicable Federal or State statues or
administrative rules.
2. The City shall not be obliqated to provide public improvements affectinq
implementation of the Final Master Plan if public funds are not available.
Commentary. Currently, SDC Section 3.4-200 Glenwood Riverfront Plan District utilizes the
Master Plari if an applicant desires to modify development.standards. The Glen wood
Refinement Plan Update Project is now underway and will include a review of the Plan District
development standard and the process for modifying those standards. These standards will
remain in effect to be utilized in the Plan District until such time the Plan District is amended.
These standards will be placed in SDC Appendix 3 and wi!! be deleted upon the adoption of any
amendment of the Plan District.
Appendix 3
Dale Received' 03 ot{- Ole; .
Planner: GK . -
For use with SDC Section 3.4-200 Glenwood Riverfront Plan District until amended
Section 5.13-100 Master 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
." -'
".
Purpose
Applicability
Review
Submittal Reauirements
Criteria
Conditions
Modifications to the Master Plan and Schedule
Assurance to the Applicant
.
.
I 5.13-105
Purpose
A. A Master Plan is a comprehensive plan that allows phasinQ of a specific development
area over several years for public. commercial. industrial or residential development. A
Master Plan. in this context. is specific to this Code and is not considered to be a
refinement plan or any other similar subset of the Metro Plan. By addressinQ public
service impacts and development requirements at the time of approyal of Master Plan.
these impacts and requirements need not be readdressed at subse~uent phases and
the developer may rely on the Master Plan approval in implementino the development.
B. The purpose of a Master Plan is to:
1. Provide preliminarv approval for the entire development area in relation to land
uses. a ranQe of minimum to maximum potential intensities and densities.
arranoement of uses. and the location of public facilities and transportation
.. ..~Ystems wh:~a d~~elopment area is proposed to be developed in phases;
2. Assure that individual phases of a development will be coordinated with each
other;
3. Provide the applicant an assurance of the Citv's expectation for the overall
development as a basis for detailed plannino and investment by the developer.
C. The PlanninQ Commission shall approve the Master Plan prior to City approval of a
related Subdivision or Site Plan application; however. the Master Plan mav be reviewed
concurrentlv with a Zonino Map amendment. Discretionarv Use. Variance and/or any
other application or approval souoht by the applicant related to the Master Plan.
D. . Subject io prior approval of a Master Plan. a separate Subdivision or Site Plan
application shall be approved for each phase. The Master Plan shall be the basis for the
evaluation of all phases of development on any issues that it addresses. Phases may be
combined for consideration.
E. Approval of a Master Plan is effective for UP to 7 years; however the approved Master
Plan time limit may be extended pursuant to Section 5.13-135. Modifications to the
Master Plan and Schedule. Date Received:
Planner: GK 02, 0 if 0 9
15.13-110
Applicability
The Master Plan process applies when initiated by an applicant when the followinQ criteria are
met:
A. The development area is under 1 ownership: or
.
.
B. If the development area has multiple owners. then all owners of record have consented
in writina to the Master Plan review process; and
C. The development area is 5 acres or areater;
D. Notwithstandina the foreaoina. the Director mav determine that the proposed
development is inappropriate as a Master Plan and the application will not be accepted.
15.13-115
Review
A. Master Plans are reviewed under Tvpe III procedure. unless the Director determines that
the application should be reviewed as a Tvpe IV decision bv the Citv 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.
Date Received'
rlal/fler: l:iK .
OJ oq C?~
15.13-120
Submittal Requirements
A Master Plan shall contain all of the elements prepared in a clear and leQible manner
necessary to demonstrate that the provisions of this Code are beinQ fulfilled and shall include
but not be limited to the followinQ:
A. The existinQ Metro Plan desiQnation and zone classification.
B. A vicinitv map drawn to scale on a street base map.
C. A leQal description of the property tOQether with a map drawn to scale depictinQ theleQal
boundaries of the subiect property.
D. A topoaraphy map and narrative depictinq present uses of the land. existinq structures.
streets. siQnificant veQetation. wetlands. drainaQe wavs and other relevant natural and
man-made features.
E. A site plan showinQ location and tvpe of all land uses proposed. approximate acreaae
and approximate number of units or square footaQe of uses. adiacent propertv uses and
reievant features.
F. The densitv or intensitv of proposed uses.
G. The maximum heiQht and size of proposed structures.
H. A public facilities plan showinq existinQ and proposed streets. utilities. sanitary sewer.
natural and piped storm drainaQe svstem. water seryice. bike and pedestrian wavs and
transit locations.
.
.
I. Maps and narrative showinq off-site public improvements necessarv to serve the
proposed development and/or to mitiqate impacts to adjacent property or public facilities.
J. The Director mav require additional information necessarv to evaluate the proposed
development. includinq. but not limited to: an ESEE analvsis. qeoloqv. soils. stormwater.
sanitarv. tree preservation. historical. archaeoloqical. and traffic impact. All related maps,
excludinq vicinitv and detail maps. shall be at the same scale.
K. Pr?\lisions. if anv. for reservation. dedication. or use of land for public purposes.
- iricludinq. but not limited to: riqhts-of-wav. easements, parks. open spaces. and school
sites. - -. -- -
L. An overall schedule or description of phasinq; and the development to occur in each
phase. If phasinq alternatives are contemplated. these alternatives shall be described.
M. Where off-site or other infrastructure improvements are required. the applicant shall
specifv the timinq:and method of securinq the improvement. includinq bond. letter of
credit. ioint deposit or other securitv satisfactorv for said improvement construction.
N. Desiqnation of responsibilitv for providinq infrastructure and services.
O. A qeneral schedule of annexation consistent with the phasinq plan. if applicable.
15.13-125
Criteria
A Master Plan mav be approved if the Planninq Commission finds that the proposal conforms
with all of the followinq approval criteria. In the event of a conflict with approval criteria in this
Subsection. the more specific requirements applv:
A. -The zoninq of the property shall be consistent with the Metro Plan diaqram and/or
applicable Refinement Plan diaqram. Plan District map. and Conceptual Development
Plan;
B. The request. as conditioned. shall conform-to applicable Sprinqfield 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 anv capacity requirements of
public facilities plans: and provisions are made to assure construction of off-site
improvements in coniunction with a schedule of the phasinq:
D. The request shall provide adequate quidance for the desiqn and coordination of future
phases:
g:~;:;~~'.V~d: 0.] oc;- ~
.
.
E. Phvsical features. includinq. but not limited to: steep slopes with unstable soil or qeoloqic
conditions: areas with susceptibilitv of f1oodinq: siqnificant clusters of trees and shrubs:
watercourses shown on the WQLW Map and their associated riparian areas: other
riparian areas and wetlands specified in Section 4.3-117: rock outcroppinqs: open
spaces: and areas of historic and/or archaeoloqical siqnificance. as may be specified in
Section 3.3-900 or ORS 97.740-760. 358.905-955 and 390.235-240. shall be protected
as specified in this Code or in State or Federal law:
F. Local public facilities plans and local street plans shall not be adverselv impacted bv the
proposed development.
15.13-130
Conditions
~/:~n:~~~ed. 0:3. (11 6~
The Approval Authoritv mav attach reasonablv necessary conditions to minimize neqative
impacts as specified in this Code to ensure that the proposed development can fullv meet the
criteria of Section 5.13-125. and may require quarantees to ensure compliance. Additionallv. the
approval may contain any conditions necessary to implement the provisions of Section 5.13-120
includinq a schedule of fees and charqes. a schedule of compliance review and the extent to
which the Master Plan is assiqnable.
I 5.13-135
Modifications to the Master Plan and Schedule
Applications for phase modification approval which are in substantial conformitv 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 underlvinq 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 bv the Director.
B. Modifications that are siqnificant. but do not affect the basic underlvinq assumptions of
the approved Master Plan. shall be processed under Tvpe II procedure. These
modifications include a request:
1. Bv the applicant for a chanqe of density allocation with in the density ranqe
allowed in the applicable zoninq district:
2. Bv the applicant for a chanqe to the aliqnment of riqht-of-wav requirements of
local streets:
3. Bv the applic.ant or City for a chanqe to the sizes or location of public facilities:
,~.
.
41
4. By the applicant for a chanqe of scheduled phasinq beyond the approved time
limit for the phased development when the proposed chanqe affects the.
construction of scheduled public improvements;
5. - By the City based on the requirement to implement newly adopted State or
Federal requlations;
6. By the applicant for a 1-time extension of the approved time limit for UP to 3
years. The time line extension will be qranted provided the applicant has made
reasonable proqress in the implementation of the Master Plan and public
services and facilities remain available;
7. By the applicant to alter siqnificant natural resources. wetlands. open space
areas. archaeoloqic 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 underlyinq basic assumptions of the approved Master
Plan or that prohibit. restrict or siqnificantly affect its implementation shall be processed
under the Type III procedure. and include:
5.13-140
1.
A Zoninq Map amendment or Discretionarv Use application initialed by the
applicant;
2.
A request for the re-aliqnment or re-desiqnation of arterial or collector streets
initiated bv the applicant;
3.
The inability of the City or the applicant to provide essential public infrastructure;
4.
A request by the Citv based on the requirement to implement newlv adopted
State or Federal requlations;
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 oriqinal Master Plan a.pprovaI date; or
6.
Other chanqes 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. Date Ree . 0"')
PI e,ved:_ ---' 01{- 0- 9
anner: G
Assurance to the Aoplicant
.
.
A. Approval of the Master Plan shall assure the applicant the riGht to proceed with the
development in substantial confonmity with the Master Plan. subiect 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 subiect 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 reGuired 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. Date Received: 0 2 0 Lf 09
Planner: GK
SDC SECTION 3.3-200 DRINKING WATER PROTECTION OVERLAY DISTRICT
Commentary. The amendment to the Drinking Water Overlay District is primarily
necessitated by the recently adopted Springfield Fire Code which supersedes the current
Uniform Fire Code. This requires amending the appropriate Fire Code references specified
in this Section. In addition to tl'le 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 po/iry 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 groundw,ater (e.g.,
certain pharmaceuticals, fertilizers) may not currently be regulated by this Section. This
amendment is considered to be a clarification of current practice. Only tfiose spbcific
Sections being amended are listed below.
.
.
Section 3.3-200 Drinking Water Protection Overlay District
I 3.3-205 Purpose
A. The Drinking Water Protection' (DWP) Overlay District is established to protect
aquifers used as potable water supply sources by the City from contamination,
This Section establishes procedures and standards for the physical use of
hazardous or other materials harmful to groundwater within TOTZ by new and
existing land uses requiring development approval. The provisions of this Section
are designed to:
1. Protect the City's drinking water supply which is obtained from
groundwater resources from impacts by facilities that store, handle, treat,
use, produce, or otherwise have on premises substances that pose a
hazard to groundwater quality; and
2. Provide standards for hazardous or other materials that pose a risk to
groundwater within the TOTZ.
B. In order to accomplish this purpose, the DWP Overlay District includes methods
and provisions to:
1. Restrict or prohibit the use of hazardous or other materials which are
potential groundwater contaminants;
2. Set standards for the storage, use, handling, treatment, and production of
hazardous or other materials that pose a risk to groundwater within
TOTZ; and
3.
, . .
Review new or expanded uses of hazardous or other materials that pose
a risk to groundwater.
Daie Roceived: 0.3 0 If 0
Planner: GK
3.3-220 Time of Travel Zones
A. The DWP Overlay District includes 4 TOTZ: 0-1 year; 1-5 years; 5-10 years; and
10-20 years. The locations of the TOTZ for each wellhead are shown on Drinking'
Water Protection Area Maps on file with the City's Development Services, Public
Works, and Fire and Life Safety Departments; and Springfield Utility Board (SUB)
and Rainbow Water District (RWD).
B. The areas within specified wellhead TOTZ are those drinking water protection
areas certified by the Oregon Health Division, under the Oregon Administrative
Rules that apply to Oregon's EPA-approved Drinking Water Protection Program,
in Oregon Health Division Delineation Certification #0002R, March 18, 1999.
C. In determining 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 TOTZ.
3. Tax lots having parts lying within more than one TOTZ are governed by
the standards of the more restrictive TOTZ.
EXCEPTION: The Director may waive the requirement that the more
restrictive standards apply when all of the following apply:
a. Storage, use, handling, treatment, and/or production of hazardous
or other materials that pose a risk to groundwater will not take.
place within the portion of the tax lot having the more restrictive
TOTZ standards; and
b. . Storage, use, handling, treatment, and/or production of hazardous
or other materials that pose a risk to groundwater will not take
place within 50 feet of the portion of the tax lot having more
restrictive TOTZ standards; and
c. The tax lot is 20,000 square feet or larger.
4. A property owner may request the TOTZ be modified by submitting a
Zone Change application to the City. Any request for modification of the
TOTZ shall be accompanied by certification of the TOTZ as proposed to
be modified by the Oregon Health Division, under the Administrative
Rules that apply to Oregon's EPA-approved Drinking Water Protection
.' . . .. Prqgram.
Date Received: 0.2 0 if 0'1
Planner: GK
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 Penmit process; or
c. In conjunction with any development application, including, but not
Iiniited to: Site Plan review and Minimum Development Standards.
2. The action in Subsection A.1., above will:
a. Affect the storage, use, and/or production of hazardous or other
materials that pose a risk to groundwater; or
. ..
b. Increase the quantity of hazardous or other materials that pose a
. risk to groundwater that are stored, used and/or produced.
B. Prior to the submittal of a DWP Overlay District Development Application, an
exemption request may be submitted to the Director as specified in Section 3.3-
230B.1.
C. DWP Overlay District applications shall be reviewed under Type I procedures.
D. Prior to undertaking an activity covered by Section 3.3-225 A., the owner or
tenant shall submit a DWP Overlay District Application to the City for review and
approval. Applications shall include the following information:
1. A Hazardous Material Inventory Statement and a Material Safety Data
Sheet for any or all materials entered in the Statement unless exempted
under Section 3.3-230. Hazardous material weights shall be converted to
volume measurement for purposes of determining amounts - 10 pounds
shall be considered equal to one gallon as specified in [Unif.orm Fire Code
8001.18.1] SprinQfield 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.greaterthan ttjy-cl'llil~~able amounts as
stated in Sect!on ~.3.-235 A.; Planner: GK 02, Olf 01
., .
4. A description of ihe pril1)ary and any secondary containment devices
proposed, and, if applicable, clearly identified as to whether the devices
will drain to the storm 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 material waste products over the maximum allowable amounts
including the type of transportation, and proposed routes.
E. For those development proposals requiring Site Plan Review (Section 5.17-100)
or Minimum Development Standards review (Section 5.15-100), applications may
be submitted concurrently.
F. The Director shall review the application and make a decision based on the
standards contained i':l Section 3.3-235, after consulting with the Building Official,
.
.
Fire Marshall ,-Public Works Director, and the managers of SUB and RWD, as
appropriate.
I 3.3-235 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 [URiferR'l] Sprinqfield Fire Code, the following standards
apply:
A. 0 -1 year TOTZ Standards.
1.
Within the 0-1 yearTOTZ, 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.
2.
. A waiver of the 5-gallon maximum size may be given by the Director if
the applicant can. demonstrate that a larger size container would pose
less risk to the aq uifer. 0
ate Received: 0.3 oLl 0' 2
Unless exempted, all hazardcPuI;latletl:ie6Katerials that pose a risk to
. groundwater shall be stored in areas with approved secondary
containment in place [(Uniform Fire Code Arlicles 2 and llQQJ.1.J.J]
Sprinqfield 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 cerlain 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;
. ..
. Date Received: 03 oq 0
e. Fill materials containing hazardousfi'I~t:.;GK J
f. Land uses and new facilities that will use, store, treat, handle,
and/or produce DNAPLs. .
6. Requirements found in [(UnifeFfR Fire CeEls AppsnEli)( II e: 3.2.6]
SprinQfield Fire Code 2704.2.2.5) for a monitoring program and [iA
g003.1.3.3 for] 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 followinQ requirements [fl3blnEi in Uniforr:n Firs Cads /'.flflsndi)( II E
Sootien 3.2.7] for inspection and record keeping procedures for monthly
in-house inspection and maintenance of containment and emergency
equipment for all amounts of hazardous or other materials that pose a risk
to groundwater shall be met unless exempted: Schedules and procedures
for inspectinQ safety and monitorinQ and emerQencv equipment. The
applicant shall develop and follow a written inspection procedure
acceptable to the Director for inspectinQ the facility for events or practices
which could lead to unauthorized discharQes or hazardous materials. An
inspection check sheet shall be developed to be used in coniunction with
routine inspections. The check sheet shall provide for the date. time. and
location of inspection; note problems and dates and times of corrective
actions taken; and include the name of the inspector and the
countersiQnature of the desiQnated safetv manaQer 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 prohibited within 100 feet of a
wellhead. In no event shall a single application exceed one half pound per
1,000 square feet of area per single application or a total yearly
application of 5 pounds nitrogen fertilizer per 1,000 square feet.
B. 1-5 year TOTZ Standards.
1. The storage, handling, treatment, use, application, or production or
otherwise keeping on premises of more thail 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 [(Uniferr:n Fire Coel3 ,A.rtiels!: 2 ane ggg:l.1.3.3
SprinQfield 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. Date Rece' d'
PI IVe.
EXCEPTION: Dry wells for ro'6?grJ;'i,~~
03 olfo~
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 [UniforR"l Fire CeEle I'.flflsndix II E J.2.e for :3
R"IenitGring progr:3R"1 and in !!OOJ.1.J.J fer] Sprinqfield Fire Code
2704.2.2.5 for a monitorinq proqram and monitoring methods to detect
hazardous or other materials in the secondary containment system shall
be met for all amounts of hazardous materials that pose a risk to
groundwater unless exempted.
7. The followinq requirements [found in Uniferm Fire CoEle l'.flflsnEli)( II E
Section J.2.7] for inspection and record keeping procedures for monthly
. in~house inspection and maintenance of containment and emergency
equipm~nt for all amounts of hazardous or other materials that pose a risk
to groundwater shall be met unless exempted: Schedules and procedures
for inspectinq safety and monitorinq and emerqency equipment. The
applicant shall develop and follow a written inspection procedure
acceptable to the Director for inspectinq the facility for events or practices
which could lead to unauthorized discharqes or hazardous materials. An
inspection check sheet shall be developed to be used in coni unction with
routine inspections. The check sheet shall provide for the date. time. and
location of inspection: note problems and dates and times of corrective
actions taken; and include the name ofthe inspector and the
countersiqnature of the desiqnated safety manaqer 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 ~dopted 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 ([Uniform
.
.
Fire Code Artieles 2 anEl ggQJ.1.J.J] Sprinqfield Fire Code 2702.1 and
2704.2.2).
3. All new use ofDNAPLs are prohibited.
4. Any change in type of use or an increase in the maximum daily inventory
quantity of any DNAPL is considered a new use and is prohibited.
5. The followinq requirements [found in UAifen'fl Fire CeEle /'.PlleAElix II E
Seetion J.2.7]for inspection and record keeping procedures for monthly
in-house inspection and maintenance of containment and emergency
equipment for all amounts of hazardous or other materials that pose a risk
to groundwater shall be met unless' exempted: Schedules and procedures
for inspectinq safety and monitorinq and emerqencv equipment. The
applicant shall develop and follow a written inspection procedure
acceptable to the Director for inspectinq the facility for events or practices
which could lead to unauthorized discharqes or hazardous materials. An
inspection check sheet shall be developed to be used in coniunction with
routine inspections. The check sheet shall provide for the date. time. and
location of inspection: note problems and dates and times of corrective
actions taken: and include the name of the inspector and the
countersiqnature of the desiqnated safetvmanaqer for the facilitv.
D.
10-20 year TOTZ Standards. The storage, handling, treatment, use, production
or keeping on premises of more than 20 gallons of hazardous materials that pose
a risk to groundwater in aggregate quantities is allowed only upon compliance
with containment and safety standards specified by the most recent Fire Code
i;ldoptedby th~ City.
oJ e>Lj- oq
Date Received:
m_'_~'---VARIOUS SECTIONS - SCRIVENE~I!1I1f1~9~
OVERVIEW
The reformatted Springfield Development Code (SDC) was adopted by the Springfield City
Council on September 17, 2007. The reformatting process was a substantial undertaking that
resulted in the reorganization of hundreds of Code regulations in what were formerly 45
"Articles" into 6 Chapters. The volume of the reorganization task resulted in some unintentional
omissions; some inaccurate references due to renumbering; and some errors in punctuation
known as Scrivener's errors. Thus, on December 3, 2007 the City Council adopted the first
round of what are called Scrivener's errors. The items listed below are the second, and
hopefully the last round of Scrivener's errors. The proposed amendments do not include policy
or policy implementation changes.
ADDITIONAL SCRIVENER'S ERRORS PART 2
Commentary. Prooosed chanGes are hiGhliGhted. Revised text is underlined. WeID/ec! text is
I'/flf:1fn brooke/s. wfth "stifko Obit'?
I 3.2-210 Schedule Of Usa Categories
.
.
Commentary. 'Day Care Center' was previously changed to "Child Care Center'to be
consistent with State regulations, but the "old SDC" listing for the use on collector and local
streets was inadvertently omitted This is the only use in this Section that is being amended.
ZoninQ Districts" ~:.::. .;;:
Use Categoriesl Uses .. LDR .; MDR "HDR,:
Residential Uses
Child Care Center -13 or more children (abuttina a collector Q S. ~.
or local street) ISp.ction 4.7-125)
Commentary. Several footnotes are amended due to inadvertently deleted "old SDC" text
when creating the table and/or for clarity. The footnotes to the base zone development
standards are the only portion of this Section that is being amended.
I 3.2-215 Base Zone Development Standards
(1) 6.000 sauare feet in area for one duplex in the LOR District. This standard prohibits the division of
the 10Vparcel to create separate ownership for each duplex dwelling unit.
(2) 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 [is r8q~ira8 ta] allow~ for the future the division of the 10Vparcel to
.create separate ownership for each half of the duplex'[8,^,9I1in~ ~Ait].
(3) The 45 percent coverace standard applies to covered structures onlv. On lotslparcels 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. :
1141 In the MDR and HDR Districts. the buildinc heicht mav be increased to 50 feet as specified in
Subsection 3.2-240D.3.c.
I 3.2-235 Residential Manufactured Dwellings Date Rf!l".Aivf!n' @:] 0 LI- oC)
, ' . " Planner: GK
Commentary. The text added was inadvertently deleted during the SDC Reformat Project.
The siting of manufactured dwellings in Low and Medium Density Residential Districts is permitted
subject to the provisions of this Section:
A. Manufactured Home - as a permitted use in manufactured home subdivisions,
manufactured dwelling parks and all lots/parcels zoned and designated Low and
Medium Density Re'sidential provided that units placed on individual lots/parcels
outside of existinq piatted manufactured home subdivisions shall be Tvpe 1
classification and all densitv standards are satisfied. A Type 2 manufactured home
may be sited in manufactured dwellinq parks, interior lots of existino platted
manufactured home subdivisions and in multi-familv developments.
Commentary. This CI Section requires amendment because the Master Plan is required. The
Master Plan currently in SDC Sections 3.4-215 through 3.4-225 (the Glenwood Riverfront Plan
District) will be addressed during the Glenwood Refinement Plan amendment process. No
amendment is required for Section 3,2-630 (Mixed Use).
I 3.2-440 CI District - Conceptual Development Plans and Master Plans
.
.
A Conceptual Development Plan is' required for all new CI Districts over 50 acres in size
approved after July 6, 2004, unless a Site Plan or Master Plan is proposed for the entire CI
District. A Master Plan [is re~,"ireEl] mav be submitted when phased developments exceeding
[twe] .;l. years in duration are proposed. A Master Plan shall comply with any applicable
approved Conceptual Development Plan or upon approval of a Master Plan or Site Plan for the
entire CI District, the Master Plan or Site Plan may supplant and take precedence over an
approved Conceptual Development Plan. Master Plan approval for a CI District site shall be as
specified in Section 5.13-100.
Commentary. Hotels were inadvertently omitted from the MUG use list. The intent to allow
hotels as a MUG use has been established by the fo!!owing text in the Glenwood Riverfront Plan
District, specifically, Subsection 3.4-260B.4.c. under view protection: "Restaurants, outdoor
cafes. housing, public gathering places and hotels shall be oriented to available views,
especially views of the Willamette River, wherever possible."
I 3.2-610
Schedule of Use Categories
The following uses are permitted in the districts as indicated, subject to the provisions,
additional restrictions and exceptions specified in this Code. Uses not specifically listed may be
approved as specified in Section 5.11-100. 0.3 ocr oq
Date Received:
"P" = PERMITTED USE subject to the standards of this cdal!!nner: GK
"S" = SPEQIAL 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) atthe Planning Commission or Hearings Official level.
"N" = NOT PERMITTED
SITE PLAN REVIEW SHALL BE REQUIRED for all development proposals within all mixed
use districts uniess exempted elsewhere in this Code.
. , ". ,"::. '. 0 ',,<<"':: ; ,'~1;-"~'3, ;>:ci.t? ': -DiSfficts;/L '::::~~;';/,L,t::~-:?;: :~~~
"":. -';::--.; -
'-., Catee:orieslUses )", . " ',", . " MUC,:;:. 'o",MUEic". "I\:fUR '..'?!
Transient Accommodations.:;.. '. '.e,'::".;' c.... '::~,.. .i:,......,::,""..: I" ','," ....,
" ,"".
Bed and breakfast facilities (Section 4.7-120) P N S
Emergencv shelter facilities N N P
Hotels {Section 4.7-180\ S N N
Youth hostels P N N
Commentary. SDG Section 3.2-310 (under recreational facilities) lists non-alcoholic nightclubs
as a special use; Section 4.7-205 limits where this use may be located. Section 3.2-610 (under
recreational facilities) lists this use and should have the same reference. This is the only use
under Recreational Facilities in this Section that is being amended.
.
.
I 3.2-610
Schedule of Use Categories
Date Received: O.J 04- 0' J
Planner: GK
. Districts . , . .
Categories/Uses MUC MUE MUR
Recreational Facilities:
Non Alcoholic Niqht Club (Section 4.7-205) rP1S P N
I 3.2-715 Base Zone Development Standards
Commentary. The Downtown Refinement Plan was amended in 2006. Specific setback
regulations in the Downtown Exception area were revised, but the SDC was never amended.
The following base zone development standards are established. The base zone development
standards of this Section and any other additional provisions, restrictions or exceptions specified
in this Code shall apply.
Deve/o ment Standard
Minimum Lot/ arcel Size
PLO Zonin District Re uirement
,',
Lot/parcel Coverage and
Planting Standard
None
Parking, driveways and structures shall not exceed 65 percent 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 coveraqe standards. and no minimum planted
area exce t for arkin lots 6.
2, 3 and 4
Landsca ed "Setbacks
Street Setback
Residential Pro e Line
Parkin and Drivewa
Maximum Building Height
5
PLO District abuts
Residential District
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
future right-of-way locations. Dedication of needed right-of-way shall be required prior to the
issuance of any building permit that increases parking or gross floor area.
(3) Structural extensions may extend into any 5 foot or larger setback area by not more than 2
feet.
(4) In the Downtown Exception Area, there are no minimum setbacks for administrative offices
and other public uses listed under Section 3.2-710.
(5) Incidental equipment may exceed the height standards.
(6) In the Downtown Exception Area, there shall be no minimum planted area except for parkinq
lots as specified elsewhere in this Code.
.
.
3.3-815 Schedule of Use Categories when there is an Underlying Residential,
Commercial, or Industrial District
Commentary. Development in the Urban Fringe -10 Overlay zone is limited. The proposed
amendments revises references to permitted development listed in Section 3.3-825. These are
, the only uses in this Section that are being amended.
t',
" Underl inZoninDistifi:t;':~;%1~', ,
Residential Commercia/"lnaiJstrial'
N P* P*
Use Cate 0
Expansion or replacement of lawful uses permitted in the
underlying commercial or industrial district (Section 3.3-
825 J.4 F.
Expansion or replacement of lawful Discretionary Uses in
the underl in zonin district Section 3.3-825 J.4 F.
New Permitted and Specific Development Standards in
the underlying zoning district within existing structures
Section 3.3-825 J.4 F.
N
0*
0*
N
P*
P*
I 3.3-825 Additional Provisions
Commentary. Development in the Urban Fringe -10 Overlay zone is limited. The proposed
amendments to Section 3.3-815 were required due to the deletion of duplicative language in
current Subsection G. Therefore, Subsection H. becomes the "new" Subsection G. These are
the only items in this Section that are being amended.
[G. ~Iew permitted usee: :md oxp::me:ions af permitted ue:ee: in saR'lmercial ana indue:lrial
districte: e:hall aeR'lone:trate that tRs ue:o will nat generate singly, or in 'tRs aggregate,
adailienal noea fer key urban servicee:.]
[W] G. R.V. parks and campgrounds shall be located on land classified Public land and Open
Space (PlO) and be subject to the specific developm!i!nt,sta..ndar9s specified Section
4.7-220. . LJale Kecelvea: , '
Planner: GK ,d....> 04- 01
I 3.3-910 Applicability
Commentary. The Thurston Grange was inadvertently omitted from the Historic Landmark
Inventory list.
B. On the adopted Historic landmark Inventory within the City or its urbanizing areas,
~ including the following individually designated Historic landmarks:
Historic Site! Structure'>\,
Stevens and Perkins Buildin
I.O.O.F. Buildin
Pacific Power & Li ht Buildin
Southern Pacific Railroad De ot
Brattain / Hadle House
Stewart House
Oou las House
Thurston Gran e
'Address
330 Main Street
346 Main Street
590 Main Street
101 South A Street
1260 Main Street.
214 Pioneer Pk . West
3362 Osa e Street
66 Street and Thurston Rd.
.
.
Commentary. The barbed wire standards apply in the residential, commercial and industrial
zoning districts, except as specified in notation (8).
Table 4.4-1
Date Received'
Planner: GK .
0:] elf CXj
Base He/oht bv Zonina District
Yard Tvne Residential Commercial Industrial PLO MS
Front Yard (1) 6' (2) 6' 6'/8'73f 6' 6'
Street Side Yard 141 6' 6' 6'/8' 13l 6' 6'
Rear Yard 6' 6' 6'/8'73f 6' 6'
HeTqht Exceptions 8'/10' (5) 8' 8' 16\ 8' NIA
Vision Clearance 2 )1,' 2 Yi 2Yi 2%' 2Yi
Area (7)
Barbedl Razor Yill Yill Yill Y/N (8) N
Wire} Electric
(1) The fence shall be located behind the front yard setback in all districts unless allowed in (2).
(2) Fences may be allowed within the front yard setback as follows:
(a) 4' high unslatted chain link - this standard does not apply to multi-family developments.
(b) 3' high sight obscuring fence.
(3) In the Campus Industrial District the base height standard is 6', In all other industrial districts, the
base height standard is 8'.
(4) tn the residential districts, a fence may be located along the property line. In all other districts, the
fence shall be located. behind the street yard setback.
(5) Situations where the base fence height may be exceeded:
(a) 8' in residential, commercial and the PLO Districts for public utility facilities, school yards and
playgrounds, provided that the fence is located behind the front yard and street side yard
I?ndscaped area and outside of the vision clearance area. Residential districts abutting these
facilities, railroad tracks or residential property side and rear yards abutting streets with 4 or
more travel lanes, may have fences of 8' along common property lines and right-of-way.
(b) 10' for residential properties abutting commercial or industrial districts along common
property lines, and around permitted storage areas in residential districts. Yards of single-
family homes shall not constitute permitted storage areas.
(c) In residential districts, any fence located within a required setback, and which exceeds the.
allowable fence height for that setback by more than 20 percent, shall be reviewed under
Discretionary Use procedure for fences as specified in Section 5.9-100,
(6). Special standards in the Campus Industrial District:
(a) No fencing shall be permitted within 35' of a CI District perimeter or 20 feet of any
development area perimeter or within interior lotslparcels of development areas.
EXCEPTION: 3' maximum height decorative fencing or masonry walls may be permitted as
screening devices around parking lots.
(b) Chain link fences shall be permitted only when combined with plantings of evergreen shrubs
or climbing vines that will completely cover the fencers) 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 2Yi 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 feel..
EXCEPTIONS: .
(a) In the PLO District in the Downtown Exception Area and in the MUG, MUE and MUR
Districts, no barbed razor wire or electrified fences shall be permitted. .
(b) In the residential districts, barb-wire and electrified fencing on lotslparcels less than 20,000
square feet, and razor wire on any lot/parcel, regardless of size, shall be reviewed under
.
.
Discretionary Use procedure as specified in Section 5.9-100, using the criteria specified in
Subsection C., below.
Commentary. The term "drainagf( should be "stormwater" and the text added to Subsection 6.
is for clarity.
14.3-110
Stormwater Management
E. A development is required to employ [9r3In390] stormwater management practices
approved by the Public Works Director and consistentthe Engineering Design
Standards and Procedures Manual, which minimize, the amount and rate of surface
water run-off into receiving streams. The following [9r3in3go] stormwater management
practices may be required in order to relieve demand on the City's piped drainage
system and to alleviate future costs of treating the piped discharge; to promote water
quality, to preserve groundwater and the vegetation and rivers it supports, and to reduce
peak storm flows:
1. Temporary ponding of water;
2.
Permanent storage basins;
Date Received: OJ 0 if 02
Planner: GK
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 bv Citv. State and Federal reQulations;
7. On-site filtration or skimming of run-off, which will enter natural drainageways to
maintain water quality; and
8. On-site constructed wetlands.
Commentary. The SDC does not exempt'solar collectors from the building height limit. If a
developer wants to go solar we require them to submit a Minor Variance application, which is a
disincentive for energy conservation. The proposed text allows rooftop solar collectors as
"incidental equipment", The definition of "Incidental Equipment" in Chapter 6 is also amended.
14.7-105
Accessory Structures
This Subsection regulates structures that are incidental to allowed residential uses to prevent
them from becoming the predominant element of the site.
.
.
A. Accessory Structure Groups. Accessory structures are divided into 3 groups based on
their characteristics. Accessory structures may be attached or separate from primary
structures. " D-
" pate Received: 02 0 If 0''1"
1. Group A. This group includes buildings and co~7Qg~t~res 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/parceis less than 2 acres
in size.
2. Group B. (Architectural extensions)This group includes uncovered, generally
horizontal structures' for example, decks, stairways, in ground or above ground
swimming pools, tennis courts, and hot tubs.
3. Group C. (Incidental equipment) This group includes generally vertical structures
for example, flag-"poles, trellises and other garden structures, play structures,
radio antennas, satellite receiving dishes and lampposts. Th'is Qroup also
includes rooftop solar collectors. Fences are addressed in Section 4.4-115.
Commentary. The am8ndment specifies that duplexes are permitted on/yon corner
/ots/parcels.in the LOR District. This is the only item in this Section that is being amended.
14.7-140 Duplexes
A. A duplex may be on located on corner lotsiparcels of 6,000 square feet in the LOR
District. unless as may be permitted below. A comer duplex or duplex lollparcel in any
residential district may be partitioned for the purpose of allowing independent ownership
of each dwelling unit, if each of the two resulting lots/parceis 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 5.12-1 DO" and the following:
I 4.7-180 Mixed Use Districts
A. Specific development standards for the MUC District shall be the same as those
specified in Section 3.2-310 as an "SO use and listed in applicable Subsections of
Section 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 Section, is defined as a business activity involving buying or
selling goods or provision of services wherever one of the parties conducts the
.
.
activity from within a motor vehicle. Facilities 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
.MUG 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.
a. In MUG 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. Date Rec.eived: V 3, 04 0 CJ
Planner: GK
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 fa"ade 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 fioor 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.
Commentary. Hotels in the MUC District require siting standards.
c. In MUG Districts. parkinq lots shall be located beside or behind buildinqs.
internal to the development on a site: Existinq or new outparcel buildinqs
between a larqe parkinq lot and the street shall be used to help define the
streetscape. and lessen the visual impact of the parkinq lot from the
street.
14.7-190 Professional Offices
.
.
Commentary. The MUC District is added to the list. The intent was to include all primary
commercial districts. This is the only item in this Section that is being amended.
.' Date Received' O.s C> 4 0 q
A. Professional offices in residential districts are permitted when: Planner: GK . .J
1. The lotslparcels are adjacent to CC. MUC or MRC Districts; and
2. The majority of the square footage of the structure on the lot/parcel is not more
than 100 feet from CC. MUC or MRC Districts. Where public-right-of-way
separates the residential district from the commercial district, the right-of-way
. width is not counted in the measurement. .
I 5.1-120 Pre-Development Meetings
Commentary. This Section reflects amendments to the Master Plan review process in
Section 5.13-100. The Pre-Application Report has been andstil/.is required during the
Master Plan Review process. The Pre-Submittal Meeting is now required for the
Master Plan Review process in order to guarantee a complete application at the
initiation of the State mandated 120 day review time-line. These are the only items in
this Section that are being amended.
Pre-Development Options. The City has established three pre-development processes to assist
prospective applicants through the application review process:
B. Pre-Application Report. The purpose of the Pre-Application Report is to give a prospective
applicant the opportunity to discuss an entire development proposal with City Staff. This
meeting is recommended for large and/or complex proposals to avoid unanticipated costs
or delay during the formal application process. .
EXCEPTION: The Pre-Application Report is required for a Master Plan application as
specified in Section 5.13-115.
C. The Pre-Submittal Meeting. The purpose of the Pre-Submittal Meeting is to provide an
opportunity for the property owner, applicant and the development team to meet with City
staff to determine that an application is complete for processing prior to formal submittal to
the City. A complete application will facilitate the review process. The Pre-Submittal
Meeting will examine key elements of the application, including but not limited to:
transportation, stormwater management, wastewater facilities, and landscaping. The Pre-
Submittal Meeting is mandatory for all Site Plan Review, Subdivision. [aflEl] Partition and
Master Plan applications. The Pre-Submittal Meeting is required even if the meetings
specified in Subsections A. and B. have been utilized. Applications shall be reviewed by
the Director within 30 days of receipt to determine if they meet the requirements specified
in Section 5.4-105 and are complete.
I 5.3-115 Appeals of the Director's or Hearings Official's Type II Decision
Commentary. In Subsection C., who is required to receive the notice of decision is now clearer
and consistent with State regulations.
.
.
;
,
C. Notice. The Director shall provide notice of the public hearing to the property owner,
applicant, if different, the appellant and all persons [previouEly noticed] 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.
I 5.14-110 Review
Commentary. The term "Pre-Application Conference" in Subsection A was changed to
'Development Issues Meeting" in 2005, but this reference was not revised at that time.
A. A [Pro /\ppIiCiJli8A Conloronce] Development Issues Meetinq is encouraged prior to a
formal Metro Plan amendment application.
I 5.15-120 SDC Standards Applicable to MDS Approval
Commentary. Subsection H is amended to be consistent with the "old SDC" by adding
references to under grounding utilities (4.3-125) and to water service and fire protection (4.3-
130).
H. The development shall connect to public utilities as specified in Sections 4.3-105,4.3"110,:
[afl€l] 4.3-120. 4.3-125 and 4.3-130 and comply with the Springfield Building Safety Codes,
where applicable. Easements may be required as specified in Subsection 4.3-140.
Date Received: 0 3. 0 Lf oq
Planner: GK
I 5.15-125 Timelines and Conditions'
Commentary. Two references are proposed to be changed requiring this Section to be
relettered.
The property owner and/or applicant shall comply with the standards specified in Subsection [G-c]
5.15-120 within 90 days of the Director's approval as follows:
A. Submittal of a Final Plot Plan within 30 days of the Director's approval that states the
starting date of all required improvements demonstrating compliance with all approval
conditions required to meet the standards specified in Subsection [g., 8elow] 5.15-120.
Submittal of a Final Plot Plan shall include the following additional material, where
applicable:
1. The original recorded Improvement Agreement.
2. Any required ODOT Right-of-Way Approach Permit.
EXCEPTION: If the ODOT Right~f-Way Approach Permit cannot be obtained by
the time line specified in Subsection A., above, the Director may defer the submittal
of this document until the start of construction date specified in Subsection [A4.-9]
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 utility easement.
.
.
[a] B. The signing of a Development Agreement by the property owner within 45 days of the
Director's approval of the Final Plot Plan.
[b]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 [B] Q., bel~te Received: 0:5 olf 0 oy
. .. Planner: GK . . .
The Director may allow a one-time extension of the 90-day start of construction lime line
specified in Subsection [A4.lJ] C., above due to situations including but not limited te,
required permits from the City .or ether agencies, weather conditiens, and the unavailability
of asphalt .or street trees. If the time extensien is allewed, security shall be provided as
specified in Sectien 5.17-150. The time lineextensien shall net exceed 90 days.
If the tiinelihe estab.listied in Subsectien [A4.lJ] C., abeve is net met and the applicant has
net requested an extension' as specified in Subsectien Q., abeve, then the Directer shall
declare the applicatien null and veid if the property is .occupied and the property .owner
shall be censidered in violation .of this Cede.
[8]0.
[C]g.
[QlE.
If the time line established in Subsection [A4.lJ] C., above is net met and the applicant has
requested an extensien as specified in Subsectien D., above and that time line as net
been met, then the Director may require that the improvements be installed as specified in
Subsectien 5.17-150.
I 5.16-120 Submittal Requirements
Commentary. Duplicative language regarding submittal requirements for Property Line
Adjustments in Subsection B.3., is deleted. The remaining Subsections are renumbered
accordingly. Consen/language is found in reformatted Section 5.4-105B.2., which applies to aI/
applications, but is lot listed in this document.
B. The following additional infermatien shall be submitted with the Preliminary Survey:
1. A brief narrative explaining reason for the propesed Property Line Adjustment
and the existing use of the lets/parcels.
2. A cepy .of the current deeds for ihe lets/parcels.
[3. If the 3pplic:3Rt iE: not the properly owner, written permiE:E:ioFl freFR 311 flfoperty
ovmers is required.] .
[4]~. A draft .of the Preperty Line Adjustment deeds. Fer serial Preperty Line
Adjustments that are reviewed under Type II precedure, separate deeds shall be
prepared fer each adjustment.
[a] ,1. Fer serial Property Line Adjustments reviewed under Type II procedure, the
follewing shall be submitted:
a. A written explanatien of the sequencing .of adjustments; and
.
.
b. A diagram identifying each adjustment, in sequence, cross referenced to
the Property line Adjustment deeds required in Subsection 4., above.
I 5.20-120 Submittal Requirements
Commentary. The text proposed to be deleted in Subsection 5.j. is duplicative. Virtually the
same text is found in reformatted'Subsection C. 1,
C. The application shall include:
1. A legal description of the public rights~of-way, easement or Plat to be vacated
prepared by an Oregon Licensed Land Surveyor or other professional approved by
the Director; Date Received: 01 0 If 0 ~
2. The reason for the Vacation; Planner: GK
3. The proposed use of the property after Vacation;
4. For citizen initiated Vacations of public rights-of-way or Partition and Subdivision
Plats, the petition of affected property owners;
5. A map prepared by an Oregon Licensed Land Surveyor or other professional
approved by the Director of the area proposed to be vacated. The map shall '
show:
..
a. The date, north arrow, and standard scale;
b. The Assessor's Map and Tax Lot numbers of the affected properties and
adjacent properties;
c. A Vicinity Map on the Site Plan (Vicinity Map does not need to be to
scale);
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. Forright-of-way Vacations, demonstrate compliance with the boundary
requirements of ORS 271.080 et seq.
u. no lesal eescriptiEln of tRe ea8eFAent, risht of way Elr Plat, er j3ertien
thereElf, proj3El8ed tEl be vacatod.]
Commentary. The proposed new Section and text explains a part of the current vacation
process. Vacated right-ot-way has always assumed the zoning of the abutting property.
I 5.20-140 Zoninq ot Vacated Riqht-ot-Way
Vacated riqht-of-way is incorporated into the abuttina property, typically to the centerline.
However, in cases where only one abuttinq property dedicated riqht-ot-way. all the vacated
riqht-ot-way would be incorporated into that property. In any case. the vacated riqht-of-way
acquires the zoninq of the abuttinq property, without the need of a separate Zonina Map
amendment.
Date Received:
Planner: GK
03 o2f ocr
CHAPTER 6 DEFINITIONS
Commentary. The Downtown Exception Area was modified during the Downtown Refinement
Plan approval process in 2006. The SDC was not amended at that time.
Downtown Exception Area. An area defined by the Willamette River on the west, [.:w] ~th 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.
Commentary. The SDC does not exempt solar collectors from the building height limit. If a
developer wants to go solar we require them to submit a Minor Variance application, which is a
disincentive for energy conservation. The proposed text allows rooftop solar collectors and also
small satellite dishes as "incidental equipment". See also the' amendment of Subsection 4.7-
105C, above.
Incidental Equipment. Rooftop or pole mounted structures that cast insubstantial shadows or
have minimal visual impact, including, but not limited to: antennas, chimneys solar collectors,
small satellite dishes and flagpoles, but excluding [8elar collector8 and] larqe satellite dishes
(See also Accessory Structure).
Commentary. The terms "major or minor" partition no longer apply. This definition is now
consistent with ORS 92.010(9),
Partition Plat. A final map and other writing containing all the descriptions, locations, .
specifications~ provisions and information concerning a [majElr or minor] partition.
.
1. Add "S" to e-mail address
2. Put DLCD notice on green colored paper
3. Ordinance:
a. 2 copies go to DLCD
b.
1 copy goes to
Philip Farrington, AICP
Director, Land Use Planning & Development
Peace Health Oregon Region
123 International Way
Springfield, OR 97477
c. 1 copy goes to
Richard M. Satre, AICP, ASLA, CSI, President
Satre Associates, P.c.
101 East Broadway, Suite 480
Eugene, Oregon 97401
d. 1 copy goes to the file
.
Date Received'
Planner: GK .
030'1-01.