HomeMy WebLinkAboutOrdinance 6274 01/17/2012ORDINANCE NO. 6274 (General) ^�
• AN ORDINANCE AMENDING THE SPRINGFIELD DEVELOPMENT CODE SECTIONS: 51( 100 -125 5.17 -105 .
5.17 -120, and 4.2- 105A.4, MODIFYING SITE PLAN REVIEW, MINIMUM DEVELOPMENT AND
TRANSPORTATION IMPACT STUDY SUBMITTAL STANDARDS AND PROCEDURES.
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, the City of Springfield's Development Services and Public Works Departments have
reviewed development application requirements.and procedures with the development community and
identified process improvements to increase efficiency, reduce costs and improve communication.
WHEREAS, certain administrative process improvements proposed under this application
require, Springfield Development Code amendments prior to implementation; 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 November 1, 2011, the Springfield Planning CocWmission held a work session and
conducted a. public hearing on this SDC amendment application (T 11-00004) voting 5 to 0 to
recommend approval of the proposed changes 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.
WHEREAS, on November 28, 2011, the Springfield Common Council conducted a public hearing
and 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 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.
NOW THEREFORE, based on the forgoing recitals, the City Council of the City of Springfield does
ordain -as follows:
Section 1: SDC Section 5.0:100 -125 is amended to read:
"5.15-105 Purpose
Minimum Development. Standards (MDS) are intended to support economic development by minimizing
City review for minor additions or expansions, changes in approved use categories, or where land use
conflicts have been mitigated or eliminated as a result of prior development approvals, zoning or
regulation. The purpose of MDS procedures is to provide the minimum level of ministerial review that
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guarantees compliance with applicable development standards. MDS approvals shall ensure compliance
• with specific appearance; transportation safety and efficiency, and storm water management standards
of this Code or other applicable regulations as necessary to protect the public health, safety and welfare..
Minimum Development Standards include the following range of review procedures which shall be
applied subject to applicability and locational standards contained herein. The Director shall determine
the appropriate MDS approach from the following list of MDS review procedures:
1. Building Permit Only (BPO): If no additional site review or MDS procedures are required by this
code, building permit procedures and timelines shall be used to determine compliance with
applicable standards of this code. Applicable zoning overlay applications may be processed
concurrently with building permit applications.
2. Land Use Compatibility Inspection Application (LUCI): This ministerial planning review and /or
site inspection process may be used to demonstrate that: a) the subject site is in substantial
compliance with previous approvals, and b) existing improvements satisfy required standards.
LUCI process shall not be used when other provisions of MDS or Site Plan review apply.
3. MDS Minor Application: This' process shall be u.sed'for expansions or additions on an existing
development site that do not exceed five thousand square feet.
4. MDS Major Application: This process shall be used for expansions or additions to certain
existing development sites where the expansion or addition does not exceed twenty five
thousand square feet of new impervious area.
All MDS applications maybe submitted concurrently with a complete Building Permit application; the
applicant assumes all liability and responsibility if concurrent reviews necessitate the revision of either
permit in response to ministerial review.
5.15 -110 Applicability
A. MDS regulations shall apply as described below:
1. Land Use Compatibility Inspection procedures shall .apply where the property is \
currently in compliance with'all of the standards specified in Section 5.15 -120, and the
Director has verified compliance with the above standards through a ministerial land use
compatibility inspection and /or review of prior land use approvals.
2. MDS Minor provisions shall apply within all commercial, industrial and public land
zoning districts, where there is a) new construction, an addition or expansion on a
development site of up to five - thousand square feet, or b) a change in land use category or
building occupancy of a structure or property. MDS Minor submittals'shall comply with the
standards of Section 5.15- 120 Subsections A. -H.
3. MDS Major provisions shall apply only within Community Commercial, Light or Heavy
Industrial and Public Land and Open Space zoning districts where:
a. The proposed development does not abut a zoning district other than
Community Commercial, Light or Heavy Industrial and Public Land and Open
Space, or,
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b. The proposed development area is not located within 50 feet of
• residentially zoned or designated property (as measured from the property line
of the subject site and excluding public rights of way), and,
C. The proposed construction, addition or expansion will not exceed
25,000 square feet of combined gross floor area and /or'substantially
reconstructed impervious area (excluding asphalt overlays), and
d. Where the proposal will comply with the standards of Section 5.15 -120
Subsections A. -I.
4. MDS provisions shall only apply to developed properties located within Springfield's land use
jurisdiction. Development proposals that exceed the size provisions of MDS standards shall
require Site Plan Review as specified in Section 5.17 of this code.
B. Where there is an MDS application for addition, expansion or change of use category for a
building or property containing multiple uses, the property owner may bring the entire property
into compliance with the standards specified in Section. 5.15 -120 or the property owner may
req.uest that required improvements be reviewed, approved and installed in proportion to the
relative impacts of the businesses on the property.
For example, if there are 3 businesses on the property with equal impacts and there is only one
change of use, then approximately 1/3 of the improvements necessary for the entire
development area shall be required to be completed to serve the proposed use. Improvements
mitigating identified safety concerns shall be given priority.
Alternatively,-if a multi- tenant space is being upgraded an owner may submit an MDS Mayor
Application where applicable proposing full improvements to the entire development site with a
proposed phasing plan stipulating a proportional percentage of the property shall comply with
specified MDS requirements for each change of use category or expansion with the intent that
the total property will meet MDS requirements over time. Upon approval of an MDS phasing
plan, improvements consistent with.'the approval shall be reviewed under building permit
.procedures. This agreement shall not exceed the MDS timelines specified in Section 5.15 -125
unless otherwise approved by the Director.
5.15 -115 Review
A. LUCI and MDS applications are reviewed under the Type I review process; unless the applicant
requests or the Director finds that the proposed use should provide public notice. The target
date.for MDS approvals shall be 30 days from the date of submittal.
B. Required public improvements and any additional required land use permits or approvals shall
be' reviewed in accordance with this code.
5.15 -120 SDC Standards Applicable to MDS Approval
In order to grant MDS approval, the Director shall determine compliance with all applicable standards
specified below. Subject to review and approval by the Director, the applicant may request deferral of
Ian details demonstrating -
p compliance with standards of SDC 5.15 120 until Final MDS Plan Submittal,
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building permit submittal or building permit occupancy as noted herein. ''final approvals and /or
• occupancy is contingent upon the completion of all required site improvements. Application materials
shall be submitted as required on application submittal checklists and in sufficient detail to demonstrate
compliance with the following standards:
A. A 5 -foot wide landscaped planter strip, including street trees, with approved irrigation or
approved drought resistant plants as specified in Sections 4.4 -100 and 4.2 -140 shall be installed
between the sidewalk and parking areas or buildings.*
EXCEPTIONS:
1. Where there is an unimproved street, a 4 -foot wide landscaped planter strip shall be
required to be set back 1 foot from the property line.
2. Where there is insufficient space for the landscaped strip required in Subsection A.J.
above due'to existing buildings, street width, paved parking, changes of elevation or
location of utilities. including catch basins, the Director may approve:
a. Decorative fencing located immediately behind the property line. The fencing
maybe wrought iron or masonry and shall be subject to the fence height
standards of the applicable zoning district and the vision clearance setbacks of
Section 4.2 -130; and /or
• b. Landscaping equivalent to the amount required in Subsection A., above may be
placed at the property corners or other areas of the property that are visible
from the street.
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*Property lines, setbacks and dimensioned landscape areas shall be shown on all applications;
however street trees, fencing and planting information maybe noted and details deferred to
Final MDS Plan Approval or Building Permit Submittal.
B. Trash receptacles shall be screened, covered and connected to the sanitary system in
accordance with the Engineering Design Standards Manual as applicable. All outdoor storage
areas shall be screened by a structure or enclosure permanently affixed to the ground as
specified in Section 4.4 -110.*
*Property lines, setbacks, and the location of covers and screens shall be shown on all
applications; however materials and construction types may be noted and details deferred to
Final MDS Plan Approval or Building Permit Submittal.
C. Bicycle parking spaces shall be added to meet the numerical standards for the appropriate use
or upgraded to meet the standards specified in Sections 4.6 -140, 4:6 -145 and 4.6 -155.*
*Lo.ng term and short term bicycle parking areas may be noted on all applications; however,
details may be deferred to Final MDS Plan Approval or Building Permit Submittal.
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EXCEPTION: In cases where the number of bicycle parking spaces cannot be met due to lot /parcel size or
physical constraint, the Director, in consultation with the Public Works Director, may reduce the
standard without a Variance if a finding is made that the reduction will not have an adverse impact on
public safety.
D. Parking and circulation areas shall.be provided. Paving, striping and. wheel stops shall be
installed as specified in Sections 4.6 -100 and 4.6 -120. Required paving and other impervious
surfaces on the site shall comply with on -site storm water management standards as specified in
Section 4.3 -110.
EXCEPTION: In cases where the number of vehicular parking spaces cannot be met due to
lot /parcel size or physical. constraint, the Director, in consultation with the Public Works
Director, may reduce the standard without a Minor Variance if a finding is made that the
reduction will not have an adverse impact on public safety.
E. Access from the proposed development area to the public right -of -way shall comply with
Section 4.2 -120.
1. Where the proposed development area abuts an improved street, any non - conforming
or unsafe driveways, as determined by the Public Works Director, shall be removed and
replaced with curb, gutter and sidewalk.
2. Where the proposed development area abuts an unimproved street, any non-
conforming or unsafe access points, as determined by the Public Works Director, shall .
be:
a. Removed by the use of fencing, extruded curbs or other method of approved
barricade; and
b. The property owner shall sign an Improvement Agreement guaranteeing future
participation in a Local Improvement District.
3. If an existing driveway or access point is closed, the Director may approve a joint use
access agreement with a neighboring property as specified in Section 4.2 -120.
F. Concrete sidewalks shall be installed where the proposed development area abuts a curb and
gutter street as'specified in Section 4.2 -135.
G. Streetlights required to serve the development area shall be installed as specified in Section 4.2-
145.
H. The development area 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. (6238)
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I. MDS Major Approval pursuant to Section 5.15 -110, Subsection A.3 shall also meet the following
submittal standards in addition to A -H:
a. The applicant shall prepare an MDS Site Assessment of Existing Conditions meeting the
following standards:
• The plan shall be drawn by a licensed engineer, architect, landscape architect, or
land surveyor.
• The plan shall provide the name, location and dimensions of all existing site
features including, but not limited to significant stands of trees, watercourses
shown on the Water Quality Limited Watercourse Map and their riparian areas,
wetlands, flood designations and slopes.
b. The applicant shall provide an MDS Site Plan meeting the following standards:
o Prepared by a licensed engineer, architect, landscape architect, or land surveyor.
o Proposed building envelopes
o Location and dimension of proposed landscape areas including percentage of
landscaped coverage
o Required screening*
o Required street tree location and types
o Planting List*
o Dimensions of the Development Area
o Where applicable, location of existing planned or proposed transit facilities*
• o Area of all property to be reserved conveyed of dedicated.
c. The applicant shall submit an Improvement and Public Utilities Plan meeting the following
standards:
• Prepared by a licensed engineer where utility systems are proposed.
• Location and width of proposed easements
• Location and dimensions of all existing and proposed rights of way
• Location of existing of proposed utilities and infrastructure on or adjacent to the
subject site including the following as applicable: storm water management
systems, sanitary sewer mains, power, water mains, gas, telephone and cable
connections. .
• Drainage patterns and connection points with supporting documentation to
demonstrate the proposed system will function consistent with the City of
Springfield Engineering Design Standards and Procedures Manual.
* The applicant may request deferral of plan details demonstrating compliance with standards
of SDC 5.15 -120 until Final MDS Plan Submittal, building permit submittal or building permit
occupancy as noted herein.
5.15 -125 Timelines and Conditions
The property owner and /or applicant shall comply with the standards specified in Subsection 5.15 -120
within 3 years of the Director's approval as follows:
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A. Submittal of a Final MDS Plan within 90 days of the Director's approval, including the following
additional material, where applicable:
1. The original recorded copy of any required Improvement Agreement.
2. Where applicable, any required ODOT Right -of -way Approach Permit shall be submitted
prior to., construction of improvements with ODOT right of way.
3. Where approved, 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 by the property owner within 90 days-of the Director's
Final MDS Plan approval and issuance of the'Development Agreement. A Building Permit may be
issued by the Building Official only after the Development Agreement has been signed by the
applicant. No structure or site shall be occupied until all improvements are made as specified in
this Section, unless otherwise permitted below.
C. The construction of the required improvements shall begin within 2 years of the signing of the
Development Agreement. If this time line cannot be met, the applicant may submit a written
request for a single one year extension of the 2 year start of construction time line specified
above.
D. If the time line established for the start of construction in Subsection C. above is not met and
the applicant has not requested an extension, then the Director shall declare the application null
and void.
E. Upon satisfactory completion of site development, as determined by a Final Site Inspection (prior
to the final building inspection), the City shall authorize the provision of public facilities and
services and issue a Certificate of Occupancy or otherwise authorize use of the site.
F. All required improvements shall be installed prior to the issuance of a Certificate of Occupancy or
Final Building Inspection for the development, unless improvements have been deferred for
good cause by the Director as noted below:
1) A Temporary Certificate of Occupancy may be issued prior to complete installation and
approval of improvements, if security is filed with the City.
2) Required security shall equal 110 percent of the cost of the design, materials and labor,
as determined by the Director. Required security may consist of cash, certified check,
time certificate or deposit, or lending agency certification to the City that funds are
being held until completion.
3) ' if the installation of improvements is not completed within the period stipulated by the
Director, or if the improvements have been improperly installed, the security may be
used by the City to complete the installation, or the security may be held by the City and
other enforcement powers employed to prevent final occupancy until the
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improvements are completed. Upon completion of the improvements as certified by the
• Director, any portion of the remaining security deposited with the City, including any
accrued interest, shall be returned."
Section 2: SDC Section 5.17- 105B.2. is amended to read:
. "B. Site Plan Review is required for:
2. Multifamily residential, commercial, public and semi - public, and industrial
development or uses, including construction of impervious surfaces for parking lots and
storage areas, including:
a. New development on vacant sites and redevelopment as a result of
demolition and removal of existing buildings and impervious surfaces on a
formerly occupied site, except where a proposed development qualifies as an
MDS Application in accordance with SDC Section 5.15.
b. Additions or expansions that exceed either 50 percent of the existing
building gross floor area or 5,000 square feet or more of new building gross
floor area and /or impervious surface area, except where a proposed
development qualifies as an MDS Application in accordance with SDC Section
5.15."
Section 3: SDC Section 5.17 -120 is amended to read:
5.17 -120 Submittal Requirements
"All Site Plan applications shall be prepared by an Oregon licensed Architect, Landscape Architect, Civil
Engineer or Surveyor as determined by the Director. A Site Plan shall contain all the elements deemed
necessary by the Director to demonstrate that provisions of this Code are being fulfilled and may include,
but not be limited to, the following:"
Section 4: SDC Section 4.2- 105A.4 is amended to read:
"4. An applicant may be required to prepare a Traffic Impact Study (TIS) to identify potential
traffic impacts from proposed development and needed mitigation measures. A TIS is
required if any of the following criteria are met:
a. Peak Hour Threshold
If a change in land use or intensification of an existing use generates 100 or
more trips during any peak hour as determined by procedures contained in the
most recent edition of the Institute of Transportation Engineers Trip Generation'
Manual, a TIS shall be performed by a registered professional engineer.
b. Average Daily Traffic Threshold
If a change in land use or intensification of an existing use generates 1,000 or
more trips per day as determined by procedures contained in the most recent
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411
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edition of the Institute of Transportation Engineers Trip Generation Manual, a
TIS shall be performed by a registered professional engineer.
c. Variance and Known Issues Threshold
The Public Works Director may determine that a TIS is necessary to support a
request for a Variance from the transportation, provisions of this code or where
traffic safety, street capacity, future planned facility, or multimodal concerns
may be associated with the proposed development.
d. The nature and extent of the TIS scope shall be determined by,the Public Works
Director based upon a trip distribution and assignment prepared. by the
Applicant. At a minimum, locations impacted by more than 20 trips during the
identified peak hour shall be included in the trip distribution and assignment.
e. The Director, with the approval of the Public Works Director, may modify TIS
requirements consistent with applicable local and regional transportation..
system plans and the intent of this Code when existing conditions make their
strict application impractical or inconsistent with accepted site planning or
transportation planning principles."
Section 5: 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 thereof.
January, 2012
ADOPTED by the Common Council of the City of Springfield this 17th day of Bee&-Y�ber; -29 -11-,
by a vote of 6 for and 0 against.
January, 2012
APPROVED, by the Mayor of the City of Springfield this 17th day of Qeeermber; 2.0. 1.
Mayor
ATTEST:
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City Record
FOORM
01TY ATTORNEY;
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ORDINANCE NO. 6274