HomeMy WebLinkAboutOrdinance 5522 08/06/1990
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ORDINANCE NO. 5522
(GENERAL)
AN ORDINANCE AMENDING THE SPRINGFIELD DEVELOPMENT CODE BY AMENDING
PORTIONS OF ARTICLE 16 RESIDENTIAL DISTRICTS, ARTICLE 18 COMMERCIAL DISTRICTS,
ARTICLE 21 SPECIAL LIGHT INDUSTRIAL DISTRICT, AND ARTICLE 32 PUBLIC AND PRIVATE
IMPROVEMENTS.
THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS:
Section 1: Section 16.100(11)(e) is hereby amended as described below:
(11) Professional Offices.
(e) Professional offices permitted are limited to: accountants,
architects, attorneys, computer programmers, designers,
engineers, insurance agencies, investment counselors,
licensed real estate agents, medical and dental
practitioners, counselors, planners, and studios for artists,
interior decorators and photographers, and similar general
office uses engaged in support services to other businesses
and/or their parent companies.
Section 2: Section 18.010(1) is hereby amended as described below:
(1) NC NEIGHBORHOOD COMMERCIAL DISTRICT. The NC District is intended
to implement Metro Plan Text addressing Neighborhood Commercial
facilities. This district designates sites to provide day to day
commercial needs of the neighborhood and may include individual
convenience stores. Neighborhood commercial centers typically
include a convenience store or market and several personal service
establishments. This district shall be no more than 5 acres in
size.
Section 3: Section 21.020(1) is hereby amended as described below:
(1) The minimum lot size for tracts of unincorporated SLI land that
do not have Conceptual Development Plan approval shall be 50
acres. The minimum development area for the SLI district with
Conceptual Development Plan approval shall be 5 acres. Office
complexes shall have a minimum development area of 2 acres.
Section 4: Section 21.030 is hereby amended as described below:
(1) Approval of a Conceptual Development Plan for a special light
industrial site shall occur prior to the development of the site.
The plan may be prepared and submitted by the initial developer of
a portion of the site covered by the Conceptual Development Plan,
the City, or as part of a refinement plan or amendment of the
Metropolitan Area General Plan.
Ordinance 5522 Page 1
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Ordinance No. 5522
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(2)
All development of a site which has received
Development Plan approval shall be consistent with
provided, however, the initial developer, a subsequent
or the City may seek modification of the Plan.
Conceptual
the Plan;
developer,
(3)
Applications for initial Conceptual Development
shall consider to the extent applicable, the
information:
Plan approval
following site
(a) Natural features and amenities;
(b) Access and circulation needs;
(c) Access to arterial and collector streets;
(d) Provision of public facilities and services;
(e) Development needs of future users; and
( f)
Preservation of river access
sites that abut the McKenzie
Greenway.
for all properties within SLI
River or the Willamette River
(4) Applications for Conceptual Development Plans and applications for
modification of Conceptual Development Plans are exempt from the
requirements of Section 3.050(2)(b) of this Code.
(5) Applications for Conceptual Development Plans or substantial
modifications to Conceptual Development Plans, submitted by the
initial developer, subsequent developer, or the City shall be
reviewed in accordance with Type III procedure. Conceptual
Development Plans which are part of a refinement plan or amendment
of the Metropolitan Area General Plan shall be reviewed in
accordance with Type IV procedure.
Section 5: Section 32.120(4) is hereby amended as described below:
(4) Major Electrical Power Transmission Lines.
(a) Except as provided in (b) and (c) below, in the event it is
necessary to increase the capacity of major electrical power
transmission lines to provide service, utility providers
shall provide such increase by use of existing rights of way
or easements.
(b) In the event that a utility provider determines that it
cannot provide such increase by use of existing rights of way
or easements, siting of major electrical power transmission
lines shall be permitted in accordance with the provisions of
the Metropolitan Area General Plan.
Ordinance 5522 Page 2
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Ordinance No. 5522
Page 3
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(c)
Notwithstanding (a) and
locate major electrical
identified on Auxiliary
Metropolitan Area General
(b) above, a
transmission
Map Number
Plan.
utili ty
lines
I dated
provider may
along routes
1982 of the
(d)
Applications for siting of new major
transmission lines are exempt from the
Section 3.050(2)(b) of this Code.
electrical power
requirements of
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Section 6: The recommendation of the Springfield Planning Commission,
Order No. 90-06-98, has been reviewed and is hereby adopted in support of the
adoption of these amendments. (See Attachment A attached hereto and
incorporated herein by reference).
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ADOPTED
for and 0
by the Common Council of the City of Springfield by
against this 6th day of August, 1990.
a vote of
APPROVED by the Mayor of the Ci ty of Springfield this 6th day of August,
1990.
ATTEST:
Mayor
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Ordinance 5522 Page 3
RCVI EWED 11 APPROVED
.AS TO FORM "
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DATE: Rub 2, \qC\O
OFFICE OF CITY ATTORNEY
CITY OF SPRINGFIELD
Ordinance No; 5522 ATTACHMENT A
Page'4 ," 'R'eCOMMENDATION AND STAFF REPORT
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BEFORE THE PLANNING COHHISSION
OF THE
CITY OF SPRINGFIELD
REQUEST FOR AMENDMENT]
OF THE SPRINGFIELD ]
DEVELOPMENT CODE TO ]
AMEND ARTICLES 16, ]
18, -AND 21; AND, 32 ]
Jo. No. 90-06-98
RECOMMENDATION TO
THE CITY COUNCIL
NATURE OF THE APPLICATION
The application is to: Amend portions of ARTICLE 16 RESIDENTIAL
DISTRICTS, ARTICLE 18 COMMERCIAL DISTRICTS, ARTICLE 21 SLI SPECIAL
LIGHT INDUSTRIAL DISTRICT, and ARTICLE 32 PUBLIC AND PRIVATE
IMPROVEMENTS of the Springfield Development Code.
RELEVANT FACTS, CRITERIA AND FINDINGS
1. On June 15, 1990, the following amendment application was
accepted:
City of Springfield Jo. No. 90-06-98.
2.
The application was initiated and submitted in accordance with
Section 3.050 of the Springfield Development Code. Timely and
sufficient notice of the public hearing, pursuant to Section
14.030 of the Springfield Development Code, has been provided.
3.
On July 5, 1990, a public hearing to amend the Springfield
Development Code was held. The Development Services Department
staff notes and recommendation together with the testimony and
submittals of the persons testifying at that hearing have been
considered and are part of the record of this proceeding.
CONCLUSION
On the basis of this record, the requested amendment application is
consistent with the criteria of Section 8.0~0 of the Springfield
Development Code. This general finding is supported by the specific
findings of fact an conclusion.
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RECOMMENDATION
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Ordinance No. 5522
Page 5
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RECOMMENDATION
The Planning Commission hereby recommends
the Springfield Development Code as .
Council to amend
nning Commission Chairperson
ATTEST
AYES: 7
NOES: 0
ABSENT: 0
ABSTAIN: 0
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RECOMMENDATION
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Ordinance.No. 5522
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SPRINGFIELD DEVELOPMENT CODE TEXT AMENDMENT REQUEST
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STAFF REPORT
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APPLICANT
City of Springfield - Jo. No. 90-06-98.
PROPOSAL
Amend portions of ARTICLE 16 RESIDENTIAL DISTRICTS, ARTICLE 18 COMMERCIAL
DISTRICTS, ARTICLE 21 SLI SPECIAL LIGHT INDUSTRIAL DISTRICT, and ARTICLE 32
PUBLIC AND PRIVATE IMPROVEMENTS' of the Springfield Development Code. See
EXHIBIT 1.
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DISCUSSION
1. ARTICLE 16 is being amended to permit additional uses which have minimal
traffic impact to allow those uses which may b~ elements or divisions within
a larger business to become an RP use.
2. Article 18 is being amended to increase the size of Neighborhood" Commercial
development areas from 3 acres to 5 acres and to delete the size limitations
for buildings.
3. ARTICLE 21 is being amended to decrease the size of minimum development
areas from 10 acres to 5 acres and to revise the Conceptual Development Plan
(CDP) process by:
a. providing for citizen or City initiated CDP submittal.
b. specifying design elements for inclusion in the CDP~
c. exempting citizen initiated applications from the provisions of Section
3.0S0(2)(b) of the SDC.
d. establishing a Type III or Type IV review process for CDP approval.
Exemption of the consent requirement in SDC 3.050(2)(b) prevents
individuals, without basis, from blocking the application submittal.
This change does not affect the public hearing process or the right of
appeal.
4. ARTICLE 32 is being amended to revise the review process and siting of major
electrical transmission lines.
CRITERIA OF APPROVAL
SDC, Section 8.030 states: "In reaching a decision on these actions, the
Planning Commission and the City Council ,shall adopt findings which demonstrate
conformance to the following":
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SDC AMENDMENT' STAFF REPORT
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Ordinance No. 5522
Page 7
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1.
THE METRO PLAN;
REF. - AMENDMENT TO ARTICLE 16 - RP STANDARDS.
"Land Use Designations
1. Residential
This category is expressed in gross acre density ranges. Using gross acres,
approximately 30 percent of the area is available for auxiliary uses, such as
streets, elementary and junior high schools, neighborhood parks, other public
facilities, neighborhood commercial services, and churches not actually shown on
the diagram. Such auxiliary uses shall be allowed within residential,
designations if compatible with refinement plans, zoning ordinances, and other
local controls for allowed uses in residential neighborhoods." P. II-E-2
Residential Professional (RP) uses are a buffer between residential and more
intensive commercial uses. RP uses are allowed in residential districts upon
meeting the standards of Section 16.100(11) of the Springfield Development Code. .
The Springfield Development Code has been found to be in compliance with the
Metro Plan by DLCD.
"12. Promote compatibility between residentially zoned land and adjacent areas."
P. III-A-5.
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The language proposed to be added to the Code will allow additional uses which
have the same or less impact than uses already permitted. RP uses require Site
Plan Review approval which considers compatibility issues.
"16. Encourage location of nonresidential uses, such as neighborhood commercial
and ~mall scale light industry, within residential designated areas when
those auxiliary uses are. compa~ible with refinement plans, zoning
ordinances, and other local controls for allowed uses in residential
neighborhoods."
The proposed amendment allows lesser uses than may be permitted by the Metro
Plan, i.e., general office uses, not retail or industrial uses.
REF. - AMENDMENT TO ARTICLE 18 - NEIGHBORHOOD COMMERCIAL.
"1. Residential
This category is expressed in gross acre density ranges. Using gross acres,
approximately 30 percent of the area is available for auxiliary uses, such as
streets, elementary and junior high schools, neighborhood parks, other public
facilities, neighborhood commercial services, and churches not actually shown on
the diagram. Such auxiliary uses shall be allowed within residential,
designations if compatible with refinement plans, zoning ordinances, and other
local controls for allowed uses in residential neighborhoods." P. II-E-2
PAGE 2
SDC AMENDMENT STAFF REPORT
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Ordinance No. 5522
Page 8
Neighborhood commercial services are part of the
residential designation which may be used for
Commercial uses are permitted as specified in
Development Code. The Springfield Development
compliance with the Metro Plan by DLCD.
approximately 30 percent of
auxiliary uses. Neighborhood
Article 18 of the Springfield
Code has been found to be in
"2. Commercial
e. Neighborhood Commercial Facilities (Not shown on the Plan Diagram)
Oriented to the day-to-day needs of the neighborhood served, these facilities
are usually centered on a supermarket as the principal tenant. They are also
characterized by convenience goods outlets (small grocery, variety, and hardware
stores); personal services (medical and dental offices, barber shops);
Laundromats; dry cleaners (not plants); and taverns and small restaurants. The
determination of the appropriateness of specific sites and uses or additional
standards is left to the local jurisdiction. Minimum location-standards and
site criteria include:
(1) Within convenient walking or bicycling distance of an adequate support
population. For a full-service neighborhood commercial center at the high
end of the size criteria, an adequate support population would be about
4,000 persons (existing or anticipated) within an area conveniently
accessible to the site. For smaller sites or more limited services, a
smaller support population or service area may be sufficient.
(2) Adequate area to accommodate off-street parking and loading needs and
landscaping, particularly between the center and adjacent residential
property, as well as along street frontages next door to outdoor parking
areas.
(3) Sufficient frontage to ensure safe and efficient automobile, pedestrian and
bicycle access without conflict with moving.traffic at intersections and
along adjacent streets.
(4) The site shall be no more than five acres, including existing commercial
development. The exact size shall depend on the numbers of establishments
associated with the center and the population to be served.
Neighborhood commercial facilities may
the latter meets applicable location
though community commercial centers
size.
include community commercial centers when
and site . criteria as listed above, even
are generally larger than five acres in
In certain circumstances, convenience grocery stores', or similar retail
operations play an important role in providing servic~s to existing
neighborhoods. These types of operations which currently exist can be
recognized and allowed to continue through such actions as rezoning." P.
II-E-6.
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SDC AMENDMENT STAFF. ,REPORT .
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.O.rdinance No. 5522
Page 9
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. The Springfield Development Code is more restrictive than the Metro Plan .in
terms of development area size and square footage requirements for convenience
stores and markets. The intent of this amendment is to change the current 3
acre development area to 5 acres to be consistent with Metro Plan language cited
above. In addition, as written, the Neighborhood commercial District
effectively precludes markets larger than 3,000 square feet. When the SDC was
adopted, it ap~lied only within Springfield's City Limits. The only
neighborhood commercial businesses within the City were "Mom and Pop" or
convenience stores. Once the City took over administration of the urbanizable
area, this situation changed. . There is an existing market zoned Neighborhood
Commercial in a 3 acre site located at 20th and Yolanda that has become a
non-conforming use. Deletion of the 3,000 square foot limitation cited above
will allow the existing market to be conforming. The Metro Plan does not place
a limitation on the square footage of a structure. Each development area is
restricted only by the required parking, loading, landscape and setback
standards. Therefore the 2,000 square foot building standard is also proposed
to be deleted.
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REF. - ARTICLE 21 - SLI DEVELOPMENT AREAS AND CONCEPTUAL DEVELOPMENT PLANS.
Land Use Designations
rie.' Special Light Industrial
...Local governments shall take actions to protect
premature or piecemeal development and subdivision."
the identified sites
P. II-E-8.
from
The protection afforded by the Springfield Development Code is the Conceptual
Development Plan (CDP). The CDP process is being amended to exempt the
developer from the current requirement of obtaining the consent of all property
owners in the SLI before submitting a CDP and to make all CDP submittals subject
to Type III procedure to ensure public input in this process. In order to
encourage development in the SLI, the minimum development area is proposed to be
reduced from 10 acres to 5 acres subject to CDP review and approval.
REF. - ARTICLE 32 - REVIEV AND LOCATION OF MAJOR ELECTRICAL POWER LINES.
"G. Public Utilities, Services and Facilities Element
19.
Additions to or deletions from the project list or
project location requires amending the ,Public
III-G-7.
significant change to
Facilities Plan." P.
The text of the Springfield Development Code has been amended to comply with the
Metro Plan Policy cited above.
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SDC AMENDMENT STAFF REPORT .
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. Ordinance ~o. 5522
Page ,116
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APPLICABLE STATE STATUTES.
There are no applicable State Statutes.
3. APPLICABLE STATE-VIDE PLANNING GOALS AND ADMINISTRATIVE RULES.
There are no applicable.. State-wide Planning Goals or Administrative Rules.
Goals 1 and. 2 process requirements are being followed through the
Springfield Development Code's public notice and public hearing processes.
There no other applicable Metro Plan Issues, State Statutes, State-wide Planning
Goals or Administrative Rules applicable to this request. This request is in
conformance with the above.
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SDC AMENDMENT STAFF REPORT
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