HomeMy WebLinkAboutOrdinance 6267 05/02/2011ORDINANCE NO. 6267 .(General)
AN ORDINANCE AMENDING THE SPRINGFIELD DEVELOPMENT CODE, SECTIONS: 5.4-100, TABLE
5.44; 5.12-155; 5.12-160; 5.12-165; 5.16-120; and 6.1-110; AND ADOPTING A SEVERABILITY CLAUSE.
THE CITY COUNCIL OF THE CITY OF SPRINGFIELD FINDS THAT:
WHEREAS, the Springfield Development Code (SDC) was adopted by the Springfield City Council
on May 5, 1986, and amendments thereto were subsequently adopted by Ordinance; and
WHEREAS, several citizens have approached City staff to establish a more efficient Partition and
Subdivision Replat review process and the revise the Property Line Adjustment submittal requirements;
and
WHEREAS, the SDC amendments comply with the City Council Goal regarding Community and
Economic Development and Revitalization; and
WHEREAS, Section 5.6-100 of the SDC sets forth procedures for the-amendment of this
document; and
WHEREAS, on March 15, 2011, the Springfield Planning Commission held a worksession and
conducted a public hearing on this SDC amendment application (TYP411-00002) voting 5 to 0, with 2
absent.to recommend approval of the proposed Ordinance to the City Council based upon findings in
support of adoption of these amendments to the SDC as set forth in the Staff Report and the
Recommendation to the Council incorporated herein; and
WHEREAS, on April 18, 2011, the Springfield Common Council conducted a public hearing and is
nowready 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 by
reference 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.
NOW THEREFORE, THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS:
SECTION 1: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND APPLICATIONS, Section
5.4-100 Development Applications, Table 5.4-1 is hereby amended as follows:
"Table 5.4-1 Development Applications
Type:of Apphcafion" Decision Type Applicable SDCSections
Accessory Dwelling Unit Type 1 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
Appeal of an Expedited Land Division Type 111 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 1 5.1-100
Discretionary Use Type 111 5.9-100
Drinking Water Protection Overlay District Development Type 1 3.3-200
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 1 5.17-100
Final Site-Plan Review/Development Agreement Type 1 5.17-100
Floodplain Development Type 1 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 1 3.3-900
Home Occupations Type 1 4.7-165
HS Hospital Support Overlay District Type II 3.3-1100
Interpretation involving policy Type IV 5.11-100
Interpretation not involving policy Type II 5.11-100
Land Use and Zoning Compatibility Statement Type 1 3.1-100
Major or Minor Replat Tentative Plan Type II 5.12-100
Major or Minor Replat Plat Type 1 5.12-100
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 1 3.2-235
Manufactured Home *Temporary Residential Use Type 1 3.2-235
Master Plan Type III 5.13-100
Master Plan Amendment Various 5.13-100
Metro Plan Amendment Type I (text) or Type II (diagram) Type IV 5.14-100 .
Minimum Development Standards Type f 5.15-100
Minor Variance Type II 5.21-100
Partition Replat Tentative Plan Type II 5.12-100
Partition Tentative Plan Type II 5.12-100
Pre-Application Report Type 1 5.1-100
Property Line Adjustment-Single Type 1 5.16-100
Property Line Adjustment-Serial Type 11 5.16-100
Site Plan Modification-Minor Type 1 5.17-100
Site Plan Review Modification-Major Type II 5.17-100
Site Plan Review Type 11 5.17-100
Solar Access Protection Type II 5.18-100
Subdivision Tentative Plan Type II 5.12-100
Tree Felling Permit Type II 5.197-100
Vacation of Plats, Public Right-of-way, or Other Public Type IV 5.20-100
ORDINANCE NO. 6267
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 2: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND APPLICATIONS, Section
5.12-155 is hereby amended as follows:
"5.12-155 Major or Minor Replat - General
A. A Major Replat is the elimination and/or relocation of more than two exterior and/or interior
common boundary lines or property lines within a recorded Subdivision; or an increase in the
number of lots; or decrease of two or more lots within a recorded Subdivision.
B. A Minor Replat is the elimination and/or relocation no more than two exterior and/or interior
common boundary lines or property lines within a recorded Subdivision or Partition; or a
decrease of one lot/parcel within a recorded Subdivision or Partition.
C. No Replat shall be used to vacate public right-of-way in a recorded Subdivision or Partition. In
this case, a concurrent Vacation application is reviewed under Type IV procedure as specified in
Section 5.20-100."
SECTION 3: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND APPLICATIONS, Section
5.12-160 is hereby amended as follows:
"5.12-160 Major or Minor Replat Review
The Major Replat is processed as a Subdivision. The Minor Replat is processed as a Partition.
A. All Replat Plats are reviewed under Type. I procedure.
B. All Replat Tentative Plans are reviewed under Type II procedure.
C. In addition to the Type II notice requirement specified in Section 5.1-130, when'a utility
easement is proposed to be realigned, reduced or increased in width or omitted by any Replat,.
all affected utility companies shall also be notified. Any utility company that desires to maintain
an easement subject to vacation under this Section shall notify the City in writing within 14 days
of the mailing of the notice."
SECTION 4: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND APPLICATIONS, Section
5.12-165 is hereby amended as follows:
"5.12-165 Major or Minor Replat - Application Processing
ORDINANCE NO. 6267
All Replat Tentative Plans and Plats shall, comply with all current land division provisions as specified in
Sections 5.12-105 through 5.12-165.
EXCEPTIONS:
A. All of the following additional information shall be required on the Tentative Plan. Items 1.
through 5. shall also be required on the Replat Plat:
1. The word "Major Replat" or "Minor Replat" shall be shown in the title block;
2. The name or reference number of the previous Plat and any additional recording
information shall be retained in the title of the Replat;
3. Blocks, lots/parcels and portions thereof which are being replatted shall be identified,
where applicable;
4. Original Plat information being deleted, abandoned, or changed by the Replat shall be
shown in a distinct line type on the drawing with a note of explanation; and
5. Any Replat of existing lots/parcels containing buildings shall show existing building
outlines including their setbacks from the proposed property lines and lot/parcel
coverage requirements, where applicable.
6. If applicable, obtain conveyance approval from the mortgage holder..
B. The Director may exempt certain aspects of and/or reports required at Tentative Plan submittal,
if a finding is made that the exemption will not have an adverse impact on public safety.
However, the applicant shall submit a written request for an exemption to the Director prior to
submittal of the Tentative Plan.
C. If the existing land division abuts a Water Quality Limited Watercourse (WQLW), as shown on
the WQLW Map on file in the Development Services Department, the water quality protection
specified in Section 4.3-115 shall not apply to the Tentative Plan where that Plan includes one or
more existing single-family dwellings or duplexes in the Low Density Residential. District on
lots/parcels 10,000 square feet in size or less. However, the water quality protection specified in
Section 4.3-115 shall apply if the intent of the Replat Tentative Plan is to create additional
lots/parcels and/or if the size of the lots/parcels containing existing single-family dwellings or
duplexes is increased to more than 10,000 square feet in size."
SECTION 5: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND APPLICATIONS, Section
5.16-1.20 is hereby amended as follows:
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"5.16-120 Submittal Requirements a
A. A Preliminary Survey shall be prepared, stamped and signed by an Oregon registered Land
Surveyor. The format of the Preliminary Survey and the data to be shown shall be as follows:
ORDINANCE NO. 6267
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1. The Preliminary Survey shall be drawn in compliance with ORS 92.
2. The scale shall be appropriate to the area involved and the amount of detail and data,
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normally 1 20', 1" = 50' or 1" = 100'.
-3. A north arrow, date of preparation and the title which shall include the following
language: "Proposed Property Line Adjustment Survey.".
4. The name and address of the property owners, and the applicant, if different.
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5. A drawing of the boundaries of the lots/parcels/tracts of land involved, to include
dimensions and square footage calculations.
6. The zoning and plan designation of the lots/parcels.
7. The existing-property line and proposed property line, clearly differentiated by line type.
8. The location and outline to scale of all existing structures to include their required.
setbacks from the current property lines and those from the proposed property line.
9. The locations, widths and names of all existing streets, alleys, or other rights-of-way
within or adjacent to the lots/parcels and the location and width of driveways.
10. The location of all public and private easements and utility lines within or crossing the
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lots/parcels. For properties outside the city limits but within the City's urban service
area, septic and drain fields shall be shown.
11. Reference to the recorded Subdivision or Partition by name or reference number and
blocks, lot/parcel numbers, where applicable.'
6. 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
t existing use of the lots/parcels.
2. A copy of the current deeds for the lots/parcels.
3. If the applicant is not th.e property owner, written permission from all property owners
is required.
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For serial Property Line Adjustments reviewed under Type II procedure,. the following
sha'LI also be submitted:
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a. ,; A written explanation of the sequencing of adjustments; and
ORDINANCE NO. 626.7
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b. A diagram identifying each adjustment, in sequence."
SECTION 6: CHAPTER 6 DEFINITIONS, Section 6.1-110 is hereby amended as follows:
s "ReplatLMajor. The elimination and/or relocation of more than two exterior and/or interior common
boundary lines or property lines within a recorded Subdivision; or an- increase in the number of lots; on
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decrease of two or more lots within a recorded Subdivision.
Replat, Minor. The elimination and/or relocation no more than two exterior and/or interior common
+ boundary lines or property lines within a recorded Subdivision or Partition; or a decrease of one
lot/parcel within a recorded Subdivision or Partition."
SECTION 7: 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.
ADOPTED by the Common Council of the City of Springfield by a vote of 6 for and 0 against,
this 2ndday of May , 2011.
APPROVED by the Mayor of the City of Springfield, this 2nd day of May , 2011.
ATTEST:
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Mayor
City Recor