This section of the Springfield Development Code (SDC) provides uniform procedures for the granting or denial of applications and determinations by the City of Springfield under the applicable State of Oregon statutes and rules, Springfield Comprehensive Plan, Springfield Development Code, and other ordinances which by their terms incorporate by reference the procedures in this section.

All applications required by this code are reviewed using Type 1, 2, 3, and 4 procedures. The procedure “type” assigned to each application governs the decision-making process for that application. SDC 5.1.300, 5.1.400 and 5.1.600 describe the 4 review procedure types. SDC 5.1.1200 lists the applications’ procedure types.

The provisions of this section do not apply to the issuance, suspension, or revocation of any on-site sewage disposal, sign, building, electrical or plumbing permits, except as they relate to consideration of permitted uses.

For lands located inside the Springfield Urban Growth Boundary, but outside the city limits, the applicability of this code is set forth through intergovernmental agreements.

The following developments and activities do not require Type 1, 2, 3, or 4 review procedures, but must conform to all other applicable provisions of this code or any other applicable code as determined by the Director.

The Building Official will not issue a Building Permit for which Development Approval is required and has not been obtained.

Development Initiation Meeting (DIM). The purpose of a development initiation meeting is to give a prospective applicant the opportunity to discuss a limited number of development topics with City staff. The discussions can be general or specific depending on the questions submitted with the application. The development initiation meeting is voluntary, unless specifically required elsewhere in this code.

Pre-Application Meeting. A pre-application meeting is highly recommended for complex applications or for applicants who are unfamiliar with the land use process. The purpose of the meeting is to acquaint the applicant with the substantive and procedural standards of the Development Code and to identify issues likely to arise in processing an application. The pre-application meeting is required for a Master Plan application as specified in SDC 5.13.115.

Application Completeness Check Meeting. The purpose of the completeness check meeting is to determine whether the proposed development application is complete prior to acceptance of the application for processing by the City. A complete application is required for the review process. The completeness check meeting will examine if the submittal standards of SDC 5.1.220 are met. A completeness check meeting is required for some Type 1 and most Type 2, 3 and 4 applications in accordance with provisions of the SDC. The completeness check meeting is required even if the meetings specified in subsections (A) and (B) above have been utilized. For any application that requires a completeness check meeting, completeness review will be conducted according to SDC 5.1.405.

General. The submission of any materials by any party including application materials, supplemental information, written comments, testimony, evidence, exhibits, or other documents that are entered into the record of any land use application must be submitted either at the offices of the Director or at a public hearing, unless specified otherwise by the hearing notice or Hearings Authority prior to the close of the record. Materials are considered submitted when received in compliance with the requirements of this subsection, or in the case of materials submitted at a public hearing, placed before the Hearings Authority.

Electronic Materials.

Deadline. Where any materials, including both hard and electronic copies, are required to be submitted to the offices of the Director subject to a date-certain deadline, the materials must be received by the Director by 5:00 p.m. on that date.

Property Owner. For the purposes of this section, the term “property owner” means the owner of record and does not include a person or organization that holds a security interest.

Applications must:

The following applications are not subject to the ownership requirement set forth in subsection (B)(1) above:

An application submitted to the Director will not be considered accepted for processing solely because of having been received. Upon receipt of an application, the Director will date stamp the application and verify that the appropriate application fee and materials have been submitted before accepting the application for processing.

Acceptance of an application for processing will not preclude a later determination that the application is incomplete.

An application will be reviewed for completeness according to SDC 5.1.405.

Department of Land Conservation and Development. The City must notify the Department of Land Conservation and Development (DLCD) according to ORS 197.610 when any application proposes a change to an acknowledged comprehensive plan or land use regulation. The City must provide this notice within the time period designated by DLCD rule.

Oregon Department of State Lands. The City must notify the Oregon Department of State Lands (DSL) in writing of any development application that involves lands that are wholly or partially within areas that are identified on the Statewide Wetlands Inventory. Notice will be in writing using the DSL Wetland Land Use Notification Form, and must be sent within 5 working days of acceptance of a complete application. (See ORS 227.350)

Department of Fish and Wildlife. The City will notify the Oregon Department of Fish and Wildlife (ODFW) in writing of any development application that involves lands that are wholly or partially within the riparian corridor. ODFW may make recommendations to the Approval Authority on strategies to avoid or replace habitat that is damaged by the proposed development, consistent with the standards and criteria of approval of this code. (See OAR Chapter 635, Division 415)

Parks and Recreation Department. The City will notify the Oregon Parks and Recreation Department (OPRD) in writing of any development application that involves lands that are wholly or partially within the Willamette River Greenway.

Lane County. The City must notify Lane County in writing of any development application or any appeal outside city limits but within the Springfield Urban Growth Boundary, except for applications for annexation to the City. Lane County will automatically be considered a party to such applications.

Other Agencies. The City will notify other public agencies, as appropriate, that have statutory or administrative rule authority to review or issue State permits associated with local development applications.

Except when otherwise provided, the time within which an act is required to be done is computed by excluding the first day and including the last day, unless the last day is a Saturday, Sunday, legal holiday, or any day on which the City is not open for business pursuant to a City ordinance, in which case it will also be excluded.

For the purposes of determining whether a person has complied with a time limitation in this code for filing any document with the Director, the time prescribed by this code does not include the day on which the specific period begins to run. The designated period also does include the last day unless the last day is:

If the last day of a designated period is excluded under the subsection (B) of this section, the act must be performed on the next day that the offices of the Director are open for the purpose of filing pleadings and other documents.

The Type 1 application involves the ministerial review of an application based on clear and objective standards. In general, potential impacts of development allowed through a Type 1 application have been recognized through the adoption of standards. The Type 1 procedure does not require interpretation or exercise of policy or legal judgment when evaluating development standards. A Type 1 determination is made by the Director without public notice or a hearing.

The Director may elevate a Type 1 application to a Type 2 application when there is a need to interpret or exercise policy or legal judgment, or to apply discretionary land use standards. The Director’s decision to elevate a Type 1 application to a Type 2 application is not an appealable decision.

The applicant may elevate a Type 1 application to a Type 2 application by submitting a Type 2 application and paying the applicable fee associated with the Type 2 process.

A Type 1 application is reviewed according to the following procedures.

The Director’s decision must address all the applicable approval criteria and/or development standards. The Director may approve, approve with conditions, or deny the application.

The Director's decision for a Type 1 application is the final decision of the City. The Director’s decision is effective on the day it is mailed or otherwise provided to the applicant.

An application must be submitted to the Director as provided in SDC 5.1.215, 5.1.220, and 5.1.225.

An application will be evaluated for completeness with applicable application submittal standards of SDC 5.1.220.

Supplementation of Application Within First 30 Days of Submittal. An applicant may not submit any supplemental information for an application within the first 30 days following acceptance of the application or until the application has been deemed complete, whichever is first, except when requested according to subsection (E) below, or otherwise authorized by the Director. Any supplemental information submitted by an applicant in violation of this section will not be considered in determining whether the application is complete and will be returned to the applicant.

Complete Application. An application will be deemed complete if the application submittal standards have been fully satisfied upon initial filing or through the procedures set forth in subsection (E)(1)-(3) below. When the Director deems the application complete, the Director will notify the applicant in writing. If the Director has not issued in writing a completeness determination within 30 days from the date the application is received by the Director, the application is automatically deemed complete on the 31st day after it was received.

Incomplete Application. Except as otherwise provided for through a Completeness Check Meeting, if a Type 2 or Type 3 application is incomplete, the City must notify the applicant in writing of exactly what information is missing within 30 days of receipt of the application and allow the applicant to submit the missing information. The application will be deemed complete for the purpose of SDC 5.1.410(1) upon receipt by the Director of:

120-Day Time Limit.

100-Day Time Limit.

Void Application. On the 181st day after first being submitted, an incomplete application is void if the applicant has been notified of missing information and the application has not been deemed complete according to SDC 5.1.405(E)(1) through (3).

Extension. The 120-day time limit in subsection (A) or the 100-day time limit in subsection (B) may be extended for a specified period of time at the written request of the applicant. The total of all extensions cannot exceed 245 days.

A Type 2 application involves the Director’s interpretation and exercise of discretion when evaluating approval standards. Uses or development evaluated through this process are uses that are conditionally permitted or allowed after Director review that may require the imposition of conditions of approval to ensure compliance with development and approval standards.

A Type 2 decision is made by the Director after public notice, but without a public hearing, unless appealed. A Type 2 application is reviewed according to the procedures below, unless the Director determines that the application should be reviewed as a Type 3 decision. A Type 2 decision may be appealed according to SDC 5.1.800.

A Type 3 quasi-judicial application involves discretion but implement established policy. A request will generally be considered a quasi-judicial decision if it involves the following factors:

A Type 3 decision is made by the following Hearings Authority after a public hearing following the quasi-judicial hearings procedures of SDC 5.1.500:

Notice of a Type 2 application must be mailed at least 14 days prior to the issuance of a decision to persons listed below. Notice of a Type 3 application must be mailed at least 20 days before the hearing, or if more than 1 hearing is provided, at least 10 days before the first hearing. The applicant is responsible for the cost (i.e., mailing, etc.) of any notice. The notice must include all the applicable information specified under SDC 5.1.430. Written notice must be sent by mail to the following persons:

The notice requirements of this section will be deemed met when the Director can provide an affidavit or other certification that such notice was given.

The Director may increase the minimum notice area up to 400 feet beyond what is otherwise required under subsection (A)(2) above, at their sole discretion.

A map locating the subject property;

Identification of the application by City case number;

Identification of the subject property by reference to the Lane County assessment map and tax lot number, and the property address/location;

Identification of the property owner and applicant;

An explanation of the nature of the application and the proposed use or uses that could be authorized by the decision;

The applicable approval criteria from this code or from an applicable comprehensive plan, functional plan, or refinement plan that applies to the decision;

The name and phone number of the assigned planner;

If the application proposes a change to a zoning map, refinement plan map, or comprehensive plan map, a copy of the map that is to be altered;

A statement that the application, all documents and evidence relied upon by the applicant, and the applicable standards are available for inspection at no cost and that copies will be provided at reasonable cost;

The date, time, and location of any hearing or date by which written comments must be received;

A statement that any person may comment in writing and include a general explanation of the requirements for submission of testimony and the procedures for conduct of testimony including, but not limited to, a party’s right to request a continuance or to have the record held open;

A statement briefly summarizing the local decision-making process for the particular application;

For Type 2 applications, a statement that issues which may provide the basis for an appeal must be raised in writing prior to the expiration of the comment period, and that issues must be raised with sufficient information to enable the Approval Authority to respond to the issue; and

For Type 3 applications, a statement that failure to raise an issue in a hearing, in person or in writing, or failure to provide statements or evidence sufficient to afford the Approval Authority an opportunity to respond to the issue preclude appeal to the Oregon Land Use Board of Appeals based on that issue.

Notice of a Type 3 application must be published in a newspaper of general circulation in the City of Springfield at least 20 days before the hearing, or, if more than 1 hearing is provided, at least 10 days before the first hearing.

The published notice must include the time and place of the hearing and contain a statement describing the general subject matter of the ordinance under consideration.

Review and Decision. Upon determination of completeness required by SDC 5.1.405, a Type 2 or 3 application will be reviewed according to the following procedures:

Final Decision. A decision on a Type 2 or 3 application is not final until the Approval Authority issues a written decision, the decision or notice of the decision has been mailed, and the appeal period to the next higher Approval Authority within the City has expired.

Appeal to the Oregon Land Use Board of Appeals (LUBA). Appeals of the final City decision by the Hearings Officer or City Council may be appealed to the Land Use Board of Appeals according to ORS 197.830, as further described at SDC 5.1.800.

Unless a temporary use permit has been issued, no building permit will be issued until a decision is final. Appeal of a final decision to LUBA does not affect the finality of a decision for purposes of issuing building permits, unless stayed by LUBA or by court order. If an applicant elects at their own discretion to proceed under a land use action with a pending LUBA appeal, they must proceed only if:

An applicant may modify an application at any time during the approval process up until the issuance of a Type 2 decision, or the close of the record for a Type 3 decision, subject to the provisions of SDC 5.1.405 and this section.

The Approval Authority must not consider any evidence submitted by or on behalf of an applicant that would constitute modification of an application (as that term is defined in SDC 6.1.100, Definitions), unless the applicant submits an application for a modification, pays all required modification fees and agrees in writing to restart the 120-day time limit as of the date the modification is submitted. The 120-day time limit for an application, as modified, may be restarted as many times as there are modifications up to a total of 365 days from the day the application was accepted as complete.

The Approval Authority may require that the application be re-noticed and additional hearings be held.

Up until the issue of a Type 2 decision or the day a hearing is opened for receipt of oral testimony for a Type 3 decision, the Director has the sole authority to determine whether an applicant’s submittal constitutes a modification. After such time, the Hearings Authority makes any modification determination. For both Type 2 and Type 3 decisions, the Approval Authority’s determination on whether a submittal constitutes a modification is appealable only to LUBA and is appealable only after a final decision is entered by the City on an application.

The Director will set a hearing date at the time an application is deemed complete as provided in SDC 5.1.560, if the application requires a hearing in the judgment of the Director.

A staff report must be completed 7 days prior to the first hearing. If the report is not completed by such time, the hearing must be held as scheduled, but at the hearing or in writing prior to the hearing, any party may request a continuance of the hearing to a date that is at least 7 days after the date the initial staff report is complete. The Hearings Authority has discretion whether to grant a continuance under these circumstances.

A copy of the staff report must be mailed to the applicant, made available at a reasonable cost to such other persons who request a copy, and filed with the Hearings Authority.

Notwithstanding subsection (B) of this section, oral or written modifications and additions to the staff report must be allowed prior to or at the hearing.

Any interested person may appear and be heard in a Type 3 hearing, except that in appeals heard on the record, a person must have participated in a previous proceeding on the subject application.

Any person appearing on the record at a hearing (including appeals) or presenting written evidence in conjunction with an administrative action or hearing has standing and is a party. A person whose participation consists only of signing a petition will not be considered a party.

An electronic recording of the hearing must be made.

All exhibits presented must be marked to show the identity of the person offering the exhibit.

Exhibits must be numbered in the order presented and must be dated.

When exhibits are introduced, the exhibit number or letter must be read into the record.

When a digital storage device is submitted into the record, a transcript of the contents must also be submitted.

Publicly announce for the record the substance of such communication; and

Announce the parties’ right to rebut the substance of the ex parte communication during the hearing.

Communication between City staff and members of the Planning Commission or City Council is not considered to be an ex parte contact.

If the Hearings Authority or any member thereof uses personal knowledge acquired outside of the hearing process in rendering a decision, the Hearings Authority or member thereof must state the substance of that knowledge on the record and allow all parties the opportunity to rebut such statement on the record.

For the purposes of this section, a site visit by the Hearings Authority or member thereof is deemed to fall within this rule. After the site visit has concluded, the Hearing Authority or member thereof must disclose its observations and conclusions gained from the site visit on the record and allow all parties the opportunity to rebut such observations or conclusions.

The Hearings Authority must explain the purpose of the hearing and announce the order of proceedings, including reasonable time limits on presentations by parties.

A statement by the Hearings Authority must declare any ex parte contacts, bias, or conflicts of interest.

Any facts received, noticed, or recognized outside of the hearing must be stated for the record.

Challenges to the Hearing Authority’s or its member’s qualifications to hear the matter must be stated and challenges entertained.

At the commencement of a hearing in a quasi-judicial Type 3 decision, the Hearings Authority or their designee must make a statement to those in attendance that:

At the commencement of the initial public hearing, the Hearings Authority or its designee must make a statement to the applicant that the applicant’s failure to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow the Hearings Authority to respond to the issue precludes an action for damages in circuit court. An applicant is not required to raise constitutional or other issues relating to proposed conditions of approval unless the conditions of approval are stated with sufficient specificity to enable the applicant to respond to the conditions prior to the close of the final local hearing.

An issue which may be the basis for an appeal to the Oregon Land Use Board of Appeals must be raised not later than the close of the record at or following the final hearing on the proposal before the local government. Such issues must be raised and accompanied by statements or evidence sufficient to afford the Hearings Authority and the parties an adequate opportunity to respond to each issue.

Order of Presentation.

In appeal proceedings, the applicant is the party who initiated the application which is under appeal. Those person(s) opposed to the application must testify under the “Testimony by those opposed to the application” portion of the appeal proceeding. Those persons in favor of the application must testify under the “Testimony by those in favor of the application” portion of the appeal proceeding.

The record must be available for public review at the hearing.

After an application is deemed accepted a hearing date must be set. A hearing date may be changed by the City staff, or the Hearings Authority up until the time notice of the hearing is mailed. After the notice of hearing is mailed, changes in the hearing date must be processed as a continuance in accordance with SDC 5.1.570, unless a new notice of hearing is provided at the City’s expense.

If an applicant requests that a hearing date be changed before notice of hearing is mailed, such request can be granted only if the applicant agrees that the extended time period for the hearing will not count against the 120-day time limit set forth in ORS 227.178.

Except as set forth herein, the record must be closed to further testimony or submission of further argument or evidence at the end of the presentations before the Hearings Authority.

If the hearing is continued or the record is held open under SDC 5.1.570, further evidence or testimony must be taken only according to the provisions of that subsection.

Otherwise, further testimony or evidence will be allowed only if the record is reopened under SDC 5.1.570, Reopening the Record.

An applicant must be allowed, unless waived, to submit final written arguments in support of its application after the written record has closed to other parties, within such time limits as the Hearings Authority sets. The Hearings Authority must allow applicant at least 7 days to submit their argument, which time is not counted against the 120-day time limit.

Grounds.

Except for continuance requests made under subsections (A)(1)-(3) above, the choice between granting a continuance or leaving the record open is at the discretion of the Hearings Authority. After a choice has been made between leaving the record open or granting a continuance, the hearing is governed thereafter by the provisions that relate to the path chosen.

Hearing Continuances.

Leaving Record Open. If the Hearings Authority leaves the record open for additional written evidence or testimony after the conclusion of the hearing, the Hearings Authority must allow for response to written evidence or testimony submitted during the period the record is held open.

A continuance or record extension granted under this subsection is subject to the 120-day time limit unless the continuance or extension is requested or otherwise agreed to by the applicant. When the record is left open or a continuance is granted after a request by an applicant, the time during which the 120-day time limit is suspended includes the time period made available to the applicant and any time period given to parties to respond to the applicant’s submittal.

The Hearings Authority may reopen the record at its discretion, either upon request or on its own initiative. The Hearings Authority must not reopen the record at the request of an applicant unless the applicant has agreed in writing to an extension or a waiver of the 120-day time limit.

Procedures.

A Type 4 application applies to a legislative matter involving the creation, revision, or large-scale implementation of public policy, including, but not limited to, adoption of land use regulations that apply to entire districts, the annexation of large areas initiated by the City, and comprehensive plan, functional plan, or refinement plan amendments that are not quasi-judicial in nature.

A Type 4 legislative decision is made after public notice, public hearings, and a recommendation by the Planning Commission to the City Council, except the City Council is the sole approval authority for vacations and annexations.

No legislative change can be adopted without review by the Planning Commission and a final public hearing before the City Council, except the City Council is the sole approval authority for vacations and annexations. Public hearings are set at the discretion of the Director, unless otherwise required by State law.

Order of Presentation.

Published Notice.

Posted Notice. Notice must be posted at the discretion of the Director.

Individual Notice. Notice must be mailed as provided in ORS 227.186 prior to the first hearing on an ordinance to rezone property or the first hearing on an ordinance to adopt or amend a comprehensive plan that would require property to be rezoned to comply with the amended or new plan.

Neighborhood Associations. Notice of a Type 4 legislative change must be mailed to the designated land use chair of any neighborhood association recognized by the City of Springfield, where the legislative change affects any land within the boundary of such neighborhood association.

The Director will distribute the application to the Development Review Committee or the Historic Commission for comments, where applicable.

A Type 4 legislative change entirely within city limits must be reviewed by the Planning Commission prior to action being taken by the City Council, except the City Council is the sole approval authority for annexations and vacations.

A Type 4 legislative change to a comprehensive plan that is entirely or partially outside city limits and within the Springfield Urban Growth boundary must be reviewed jointly with Lane County as provided in SDC 5.14.130.

A Type 4 legislative change to land use regulations that apply entirely or partially outside city limits must be reviewed by the Planning Commission, and Lane County Planning Commission at Lane County’s discretion, prior to action being taken jointly by the City Council and Lane County Board of Commissioners.

A Type 4 legislative change must be adopted by ordinance.

The Planning Commission must make a recommendation to the City Council to approve, approve with conditions, or deny the application. The Planning Commission's recommendation must address all of the applicable approval standards and criteria and any written or oral testimony.

The City Council may approve, approve with conditions, or deny the application. The City Council's decision must include findings that address all the applicable approval standards and/or development standards and any written or oral testimony.

The City Council’s decision is the City’s final decision. The decision becomes effective 30 days after the decision is made if there is no emergency clause in the adopting ordinance, unless provided otherwise on the face of the ordinance. Where required, the notice of decision must be mailed to the Department of Land Conservation and Development as specified in ORS 197.615 and by DLCD rule.

For Comprehensive Plan amendments that require adoption by the City, Eugene and/or Lane County, the City Council decision is final only upon concurrence of the Lane County Commissioners and the City of Eugene City Council, as appropriate.

The City Council's decision may be appealed within 21 calendar days to the Land Use Board of Appeals as specified in ORS 197.830 and SDC 5.1.800.

An applicant may request that the Approval Authority’s decision be reconsidered as set forth herein. A request for reconsideration must be accompanied by a fee established by the City and by applicant’s written consent that the 120-day time limit will not run during the period of the reconsideration and the resulting extended appeal period. The fee will be waived when, in the opinion of the Director, the reconsideration is requested to correct a clerical or technical error that is the City’s fault.

Grounds for reconsideration of a Type 1 or Type 2 decision are limited to the following instances:

Grounds for reconsideration of the Hearing Authority’s decision are limited to the following instances where an alleged error substantially affects the rights of the applicant:

A request for reconsideration must be filed with the Director within 12 days of the date the decision was mailed. The request must identify the condition or issue to be considered and must specify how the applicant would be adversely affected if the issue were to remain uncorrected.

Upon receipt of a request for reconsideration of a Type 1 or 2 decision, the Director must determine whether the request for reconsideration has merit. No comment period or prior notice is required for an administrative reconsideration.

Upon receipt of a request for reconsideration of a Type 3 decision, the Director must notify all parties to the proceeding of the request and allow for a 10-day comment period on the request. In those instances, in which the only grounds for reconsideration of a Type 3 decision are technical or clerical in nature, at the end of the comment period, the Director must determine whether the request for reconsideration has merit. In all other instances, at the end of the comment period, the Hearings Authority must determine whether the request for reconsideration has merit.

The Approval Authority must modify the decision upon a determination that the request has merit and the issue substantially affects the applicant. Notice of the modification must be sent to all parties to the proceeding. If the Approval Authority determines that no modification is warranted, a denial must be issued and sent to all parties to the proceeding.

Filing a request for a reconsideration is not be a precondition for appealing a decision.

Filing a request for reconsideration stays the deadline for any party to file an appeal of the Approval Authority’s decision. A new 12-day appeal period for all parties to the proceeding commences upon mailing of a modification or upon mailing a determination that a modification is not warranted. The new 12-day appeal period will not be calculated as part of the 120-day time limit. If an opponent files an appeal and an applicant has requested reconsideration, the opponent’s appeal must be stayed pending disposition of the request for modification. If the decision is not modified, the appeal will be processed according to the procedures set forth in SDC 5.1.800. If the decision is modified, the appellant must, within 12 days of the mailing of the modified decision, file in writing a statement requesting that its appeal be activated or the appeal will be automatically dismissed.

The following may file an appeal:

A person to whom notice is mailed is deemed notified even if notice is not received.

To file an appeal, an appellant must file a completed notice of appeal on a form prescribed by the Director and pay an appeal fee.

Unless a request for reconsideration has been filed, the notice of appeal and appeal fee must be received by the Community Development Director no later than the close of the public counter on the 12th day following mailing of the decision. If a decision has been modified on reconsideration, an appeal must be filed no later than the 12th day following mailing of the decision as modified. Notices of appeals must not be received by facsimile machine or e-mail.

In the case of an appeal of a Type 2 decision to the Hearings Officer or to the Planning Commission, the Hearings Authority’s decision on appeal is final 12 days after the decision is mailed. Except that, within 12 days after the decision is mailed, the City Council may, on its own motion and at its discretion, call up a decision of the Planning Commission and conduct an on the record review of the decision and limit issues identified in the Council’s motion.

In the case of an appeal of a Type 3 decision, the City Council’s decision whether to grant review is discretionary. If the City Council declines review, the appellant may be entitled to a partial refund according to the City’s adopted Fees Resolution.

The Hearings Officer’s decision on a Type 3 decision or upon appeal of a Type 2 decision is the City’s final decision and is appealable only.

The Notice of Appeal must contain:

Any failure to conform to the requirements of SDC 5.1.810, Filing Appeals, and 5.1.815, Notice of Appeal, will constitute a jurisdictional defect and the appeal will be dismissed.

Determination of jurisdictional defects in an appeal must be made by the Approval Authority to which an appeal has been made.

If more than 1 party files a notice of appeal on a land use action decision, the appeals must be consolidated and noticed and heard as 1 proceeding.

In instances of multiple appeals where separate appellants have asked for a differing scope of review, any grant of de novo review controls over a separate request for a more limited review on appeal.

Before Hearings Official or Planning Commission. The review of a Type 2 decision on appeal before a Hearings Authority is de novo.

Before the Council.

The appellant and all other parties to the decision below must be mailed notice of the hearing on appeal at least 20 days prior to any de novo hearing or deadline for submission of written arguments.

Except as otherwise provided in this section, the appeal must be heard as provided in SDC 5.1.500, Quasi-Judicial Hearings. The applicant must proceed first in all appeals.

The order of Approval Authority must be as provided in SDC 5.1.550, Hearings Procedure.

The record of the proceeding from which appeal is taken must be a part of the record on appeal.

The record for a review on the record must consist of the following:

The City Council must not consider any new factual information in an “on the record” proceeding. Brief oral argument by the applicant and the appellant on the record may be allowed by the City Council.

The City must conduct a review on any remanded decision if requested by the applicant in writing or initiated by the City for a City project. The remand procedure must be according to the applicable provisions of this section and the decision by LUBA, DLCD, LCDC, or Appellate Court, and applicable State law. Unless State law requires otherwise, only those persons who were parties to the proceedings before the City are entitled to notice and entitled to participate in any hearing on remand.

The review procedures must comply with State law and with the requirements of this code for either legislative or quasi-judicial procedures, whichever was employed for the initial decision or as required by the remand.

On remand, the Approval Authority must review only those issues that LUBA, DLCD, LCDC, or an appellate court required to be addressed. The Approval Authority has the discretion to reopen the record as it deems appropriate.

If additional testimony is required to comply with the remand, parties may raise new, unresolved issues that relate to new evidence directed toward the issue on remand. Other issues that were resolved by LUBA, DLCD, LCDC, or the Appellate Court or that were not appealed are deemed to be waived and may not be reopened.

Notwithstanding subsections (A) and (B) above, for remands of City-initiated legislative amendments or for any voluntary or stipulated remand reviewed by the City Council, the City Council may allow the introduction and processing of new work tasks, issues, evidence, and testimony if the Council determines that the information or task is necessary and/or valuable.

Scope.

Duration of Approvals.

Time Extensions.

Effect of Appeals. The time period set forth in subsection (B) of this section will be tolled upon filing of an appeal to LUBA, until all appeals are resolved.

For the purposes of this section, development undertaken under a development approval described in SDC 5.1.1005, Expiration of Approval, has been “initiated” if it is determined that:

For the purposes of this section, substantial construction has occurred when the holder of an approval has physically altered the land or structure or changed the use thereof and such alteration or change is directed toward the completion and is sufficient in terms of time, labor or money spent to demonstrate a good faith effort to complete the development.

Initiation of use must not be granted in lieu of a phased approval.

A determination of whether a land use has been initiated must be processed as a declaratory ruling.

An approval may be modified at any time after a decision becomes final.

Modification of Type 2 Approval Procedures.

An application for a modification of a Type 1 approval must be processed as a Type 1 application. All other modifications must be processed as a Type 2 application unless elevated to a Type 3 process by the Director.

The original approval time limitation is governed by SDC 5.1.1005.

Modifications of development approvals must meet the approval standards required in subsection (B) of this section in the appropriate corresponding section of this code (e.g., modification of a site plan review approval is subject to SDC 5.17; modification of a discretionary use permit is subject to SDC 5.9, modification of a master plan is subject to the applicable sections in SDC 5.13).

Proceedings to revoke a development approval must be initiated by the Director by giving notice of intent to revoke to the property owner.

The Director may revoke a development approval for the following reasons:

Revocations must be processed as a declaratory ruling according to SDC 5.1.1100.

Subject to the other provisions of this section, the Declaratory Ruling process is available for the City’s comprehensive plan and this code for the following categories of rulings. Such a determination or interpretation is known as a “declaratory ruling” and will be processed according to this section. In all cases, as part of making a determination or interpretation the Approval Authority Director (where appropriate) or Hearings Official (where appropriate) has the authority to declare the rights and obligations of persons affected by the ruling.

A declaratory ruling is available only in instances involving a fact-specific controversy and to resolve and determine the particular rights and obligations of particular parties to the controversy. Declaratory proceedings must not be used to grant an advisory opinion on a specific quasi-judicial development application. Declaratory proceedings must not be used as a substitute for seeking an amendment of general applicability to a legislative enactment.

Declaratory rulings must not be used as a substitute for an appeal of a decision or for a modification of an approval. In the case of a ruling on a City development approval, a declaratory ruling is not available until 60 days after a decision is final.

The Director may refuse to accept, and the Hearings Authority may deny an application for a declaratory ruling if:

The following may initiate a declaratory ruling under this section:

A request for a declaratory ruling must be initiated by filing an application with the Director and, except for applications initiated by the Director, must be accompanied by such fees as have been set by the City Council. Each application for a declaratory ruling must include the precise question on which a ruling is sought. The application must set forth whatever facts are relevant and necessary for making the determination and such other information as may be required by the Director.

A declaratory ruling will be conclusive on the subject of the ruling and bind the parties thereto as to the determination made.

SDC 5.1.1030 Limitations on Refiling Applications notwithstanding, and except as specifically allowed therein, parties to a declaratory ruling are not entitled to reapply for a declaratory ruling on the same question.

Except when a declaratory ruling is made by the City Council, the ruling does not constitute a final policy of the City of Springfield.

Multiple party or partnership situations;

Large infrastructure requirements;

Timing issues;

Litigation;

Urban renewal.

Public hearings must follow the applicable rules of procedure in SDC 5.1.500 et seq. for quasi-judicial public hearings and SDC 5.1.600 et seq. for legislative public hearings.

Except where provided otherwise under this code or by State statute or rule, all procedural matters will be determined by Robert’s Rules of Order Newly Revised, 12th Edition.

Regulate the course and decorum of the hearing;

Dispose of the procedural request or similar matters;

Rule on offers of proof and relevance of evidence and testimony;

Take other action authorized by the hearing body appropriate for conduct commensurate with the nature of the hearing;

Impose reasonable time limits on those testifying; and

Rule upon a challenge for bias, prejudgment, or personal interest under SDC 5.1.545.

A new refinement plan and/or Development Code may be initiated by the Director, the Planning Commission, or the City Council.

Amendment of adopted refinement plans, refinement plan diagrams and this code’s text may be initiated by the Director, the Planning Commission, the City Council or a citizen.

Citizen initiated amendments are allowed only twice each calendar year; on or before January 5th or July 5th.

In reaching a decision on the adoption or amendment of refinement plans and this code’s text, the City Council shall adopt findings that demonstrate conformance to the following:

Applications specified in SDC 5.6.105 may require co-adoption by the Lane County Board of Commissioners.

Clearly define the process for the review of applications to annex territory to the City;

Provide a process for the subsequent withdrawal of territory from special service districts; and

Provide a process for City approval of annexations to the Willamalane Park and Recreation District.

These regulations apply to annexation applications as specified in SDC 5.7.125; and

Other annexation applications permitted by ORS 222 must be processed as provided in ORS 222.

For an owner consent annexation (pursuant to ORS 222.125:

For a double majority (ORS 222.170(2)) or triple majority (ORS 222.170(1)) annexation:

Initiation Method Requirements. An annexation may be initiated by City Council resolution, or by written consents from electors and/or property owners as provided below.

Application Requirements. In addition to the provisions in SDC 5.7.125(A), an annexation application must include the following

Mailed Notice. Notice of the public hearing at which an annexation application will be considered must contain the contents listed in section 5.1.430 and be mailed at least 20 days prior to the public hearing date to:

Newspaper Notice. Notice of the public hearing at which an annexation application will be considered shall be published in a local newspaper with general circulation once each week for 2 successive weeks prior to the hearing date.

Posted Notice. Notice of the public hearing at which an annexation application will be considered shall be posted in 4 public places in the City for 2 successive weeks prior to the hearing date.

The affected territory proposed to be annexed is within the City’s urban growth boundary; and is

The proposed annexation is consistent with applicable policies in the Springfield Comprehensive Plan, Metro Plan, and in any applicable refinement plans or Plan Districts;

The proposed annexation will result in a boundary in which the minimum level of key urban facilities and services, as defined in the Springfield Comprehensive Plan, can be provided in an orderly, efficient and timely manner; and

Where applicable, fiscal impacts to the City have been mitigated through an Annexation Agreement, a development agreement per section 5.1.1200, a waiver of remonstrance, or other mechanism approved by the City Council.

Where the UF-10 Overlay District applied prior to annexation, the overlay will cease to apply automatically; and

Except for removal of the UF-10 Overlay District, the current zoning will apply, unless a zoning map amendment has been submitted and approved by the City concurrently with the annexation.

The Director will not deem complete an application for a zoning map amendment until the annexation has been approved by the City Council and becomes effective, as that term is described in SDC 5.7.155.

The effective date of an approved annexation is according to ORS 222.040, 222.180 or 222.465.

Notice of Approved Annexation.

The Director will recommend to the City Council for consideration the withdrawal of annexed territory from special districts as specified in ORS chapter 222. Withdrawal from special districts may occur:

Territory may be withdrawn from a special district at any time after annexation to the City, subject to Type 4 review procedures and the following public hearing requirements. Withdrawal from special districts processed separate from an annexation requires a Public Hearing with notice as required below.

Criteria. In determining whether to withdraw the territory, the City Council must determine whether the withdrawal is in the best interest of the City.

Effective Date. The effective date of the withdrawal is as specified in ORS 222.465.

Notice of Withdrawal. Notice will be provided in the same manner as specified in SDC 5.7.155.

This section:

Approval of a Variance as specified in SDC 5.21.100 shall not be considered to make a use, building or structure, or lot of record non-conforming.

A request for non-conforming use status is reviewed under Type 1 procedure.

A request for an expansion or modification of a non-conforming use and/or the expansion of a non-conforming building or structure is reviewed under Type 2 procedure, unless the Director determines that the application should be reviewed as a Type 3 decision by the Planning Commission or Hearings Official due to the complexity of the application or the need for discretionary review.

The applicant shall submit any of the following items as proof that the use was permitted by this code at the time it was adopted or amended:

The applicant shall submit any of the following as proof that the use has been in operation over time and has not been abandoned as specified in SDC 5.8.130:

A non-conforming building or structure, which:

A non-conforming use within a building or structure discussed in subsection (A), above may continue until abandoned as specified in SDC 5.8.130.

Existing single-wide manufactured dwellings on individual lots/parcels in Glenwood and in the Adams Plat area may be replaced with a single-wide manufactured dwelling of approximately the same size within the time line specified in SDC 5.8.130.

Agriculture and agricultural uses and structures on land in Glenwood permitted under Section 9.384 of the Eugene Code prior to the adoption of the Glenwood Refinement Plan by the City on November 8, 1999, may continue until the land is annexed to the City at the request of the property owner.

For residential districts, the expansion will not lessen the residential character of the residential district taking into account factors, including, but not limited to:

For districts other than residential, there will be no significant impact compared to the current use or building or structure on the surrounding area taking into account factors, including but not limited to:

The following situations are not considered to be an expansion or modification of a non-conforming use:

Any non-conforming use which is discontinued for 6 months or more, or any non-conforming building or structure which is not occupied or used for 6 months or more, shall be deemed abandoned and lose its status as a non-conforming use, building or structure on:

Any subsequent use or development shall be in compliance with the provisions of this code.

Any lot of record that is non-conforming due to area, width and/or depth is a buildable lot/parcel, provided that the development standards of this code can be met. For example, if a setback standard cannot be met due to lot/parcel area, a Variance to the setback standards of the applicable zoning district as specified in SDC 5.21.100 is required prior to the issuance of a Building Permit.

Any lot of record that is non-conforming due to a public facility deficiency, including but not limited to, unimproved streets, lack of sidewalks, sanitary sewers or storm water facilities may be further developed as specified in this code. However, the public facility deficiency shall be addressed at the time of development.

The dedication of right-of-way during the development review process shall not be considered to create a non-conforming lot/parcel due to lot/parcel size or dimension.

Residential buildings and uses existing and legally permitted, or permitted under Discretionary Use approval in the LMI district or LMI plan designation in Glenwood as of January 27, 1982 must be exempt from SDC 5.8.115, 5.8.120 and 5.8.125. Commercial and industrial buildings and uses existing and legally permitted or permitted under Discretionary Use approval in the LMI district or LMI plan designation in Glenwood as of December 7, 1998 must be exempt from SDC 5.8.115, 5.8.120 and 5.8.125.

Any proposed expansion on property zoned or designated LMI that has a use listed under HI, as specified in SDC 3.2.410, and abuts any residential use requires Site Plan Review approval. The exemption applies: to expansions, regardless of the direction, of buildings or land or both; and expansions onto contiguous properties under the same ownership.

The conversion from commercial to residential use within the city limits, subject to the standards in SDC 4.7.215.

A building or structure that has received a valid Building Permit prior to the adoption of this code or subsequent amendments to it may be completed in accordance with the terms of that Building Permit and used for the purpose for which it was permitted. The structure and its use shall then be considered non-conforming. The burden of proof is on the applicant to demonstrate that the structure has received a valid Building Permit.

If a Building Permit is revoked by the Building Official or for any reason becomes void, all rights granted by this section are terminated and the project shall then be required to conform to all the provisions of this code.

New Discretionary Uses are reviewed under Type 3 procedure concurrently with or prior to a Site Plan or Minimum Development Standards application, as applicable. No Site Plan or Minimum Development Standards application may be approved or conditionally approved for a use requiring Discretionary Use Approval prior to approval of the Discretionary Use application.

Expansions, alterations, and modifications are reviewed under:

The proposed use conforms with applicable:

The site under consideration is suitable for the proposed use, considering:

Any adverse effects of the proposed use on adjacent properties and on the public can be mitigated through the:

Purpose.

Applicability. The Emergency Medical Hardship process is permitted only on lots/parcels designated Low Density Residential (LDR) and zoned R-1 within the city limits or R-1/UF-10 within the City’s urban service area.

Review. The initial application and any time line extensions are reviewed under Type 2 procedure.

Submittal Requirements.

Criteria. The Director shall grant approval of the emergency medical hardship application if all of the following criteria are met, including any conditions imposed in accordance with subsection (F), below.

Conditions.

Time Line Extensions. A request for an extension will not require a new application; however, a written request shall be submitted to the Director 30 days prior to the expiration of the initial 12-month approval time line. The request shall include written verification from a licensed physician stating that the person requiring care as specified in subsection (D)(2)(a), above continues to need care. Staff shall review the request to ensure that the applicant remains compliant with the approval criteria specified in subsection (E), above and any conditions of approval required under subsection (F), above. Upon expiration of the initial 12-month approval time line, the temporary living unit may be extended as follows:

Compliance. The temporary living quarters shall maintain compliance with all conditions of approval. Violation of the provisions of this section, or determination that the need can no longer be verified, is the basis for termination of approval.

Consider the applicability of new uses within each zoning district that are not specifically identified in this code;

Clarify the meaning of terms or phrases found in this code; or

Clarify planning policy contained in this code, adopted refinement plans or the Metro Plan, or other policy documents.

Application Submittal. The request must include information on the following characteristics of the new use:

Criteria. A new use may be considered to be a permitted use when, after consultation with the City Attorney or other City staff, the Director determines that the new use:

Application Submittal. The request shall include:

Criteria. The Director shall interpret a term or phrase, after consultation with the City Attorney and City staff. The meaning of any term or phrase:

Interpretations that the Director may elevate from a Type 2 to a Type 3 review shall follow the approval criteria specified in either SDC 5.11.120 or 5.11.125 depending upon the nature of the interpretation requested. In addition, the Planning Commission or Hearings Official shall consider the Metro Plan and any refinement plans or other policy documents of the City, where applicable.

The Planning Commission or Hearings Officer, upon a finding in support of a particular interpretation, shall make a decision and may impose reasonable conditions to ensure compliance with the approval criteria.

Where there is an interpretation of planning policy, the matter is forwarded to the City Council:

Purpose. The purpose of the Partition and Subdivision process is to: Facilitate and enhance the value of development; Maintain the integrity of the City’s watercourses by promoting bank stability, assisting in flood protection and flow control, protecting riparian functions, minimizing erosion, and preserving water quality and significant fish and wildlife areas; Minimize adverse effects on surrounding property owners and the general public through specific approval conditions; Ensure the provision of public facilities and services; Provide for connectivity between different uses; Utilize alternative transportation modes including walking, bicycling and mass transit facilities; Implement the applicable Comprehensive Plans, applicable refinement plans, specific area plans and specific development plans; Minimize adverse effects on surrounding property owners and the general public through specific approval conditions; and Otherwise protect the public health and safety.

The Partition process regulates land divisions that create 2 or 3 parcels within a calendar year. If the Director determines that a property proposed to be partitioned has been, or is in the process of being divided into 4 or more lots, full compliance with the Subdivision regulations specified in this code may be required.

The Subdivision process regulates land divisions that create 4 or more lots within a calendar year.

Applicability.

The lot/parcel dimensions shall conform to the minimum standards of this code. When lots/parcels are more than double the minimum area permitted by the zoning district, the Director shall require that these lots/parcels be arranged:

Double frontage lots/parcels shall be avoided, unless necessary to prevent access to residential development from collector and arterial streets or to overcome specific topographic situations.

Panhandle lots/parcels shall comply with the standards specified in SDC 3.2.215 and 4.2.120(A). In the case of multiple panhandles in Subdivisions, construction of necessary utilities to serve all approved panhandle lots/parcels shall occur prior to recording the Plat.

Public street standards as specified in SDC 4.2.105.

General Requirements.

A Site Assessment of the Entire Development Area. The Site Assessment shall be prepared by an Oregon Licensed Landscape Architect or Engineer and drawn to scale with existing contours at 1-foot intervals and percent of slope that precisely maps and delineates the areas described below. Proposed modifications to physical features shall be clearly indicated. The Director may waive portions of this requirement if there is a finding that the proposed development will not have an adverse impact on physical features or water quality, either on the site or adjacent to the site. Information required for adjacent properties may be generalized to show the connections to physical features. A Site Assessment shall contain the following information.

A Stormwater Management Plan drawn to scale with existing contours at 1-foot intervals and percent of slope that precisely maps and addresses the information described below. In areas where the percent of slope is 10 percent or more, contours may be shown at 5-foot intervals. This plan shall show the stormwater management system for the entire development area. Unless exempt by the Director, the City shall require that an Oregon Licensed Civil Engineer prepare the plan. Where plants are proposed as part of the stormwater management system, an Oregon Licensed Landscape Architect may also be required. The plan shall include the following components:

A response to transportation issues complying with the provisions of this code.

A Future Development Plan. Where phasing and/or lots/parcels that are more than twice the minimum lot/parcel size are proposed, the Tentative Plan shall include a Future Development Plan that:

Additional information and/or applications required at the time of Tentative Plan application submittal shall include the following items, where applicable:

The request conforms to the provisions of this code pertaining to lot/parcel size and dimensions.

The zoning is consistent with the Springfield Comprehensive Plan Map and/or applicable Refinement Plan diagram, Plan District map, and Conceptual Development Plan.

Capacity requirements of public and private facilities, including but not limited to, water and electricity; sanitary sewer and stormwater management facilities; and streets and traffic safety controls shall not be exceeded and the public improvements shall be available to serve the site at the time of development, unless otherwise provided for by this code and other applicable regulations. The Director or a utility provider shall determine capacity issues.

The proposed land division shall comply with all applicable public and private design and construction standards contained in this code and other applicable regulations.

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 riparian areas and wetlands specified in SDC 4.3.117; rock outcroppings; open spaces; and areas of historic and/or archaeological significance, as may be specified in SDC 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.

Parking areas and ingress-egress points have been designed to: facilitate vehicular traffic, bicycle and pedestrian safety to avoid congestion; provide connectivity within the development area and to adjacent residential areas, transit stops, neighborhood activity centers, and commercial, industrial and public areas; minimize driveways on arterial and collector streets as specified in this code or other applicable regulations and comply with the ODOT access management standards for State highways.

Development of any remainder of the property under the same ownership can be accomplished as specified in this code.

Adjacent land can be developed or is provided access that will allow its development as specified in this code.

Where the Partition of property that is outside of the city limits but within the City’s urbanizable area and no concurrent annexation application is submitted, the standards specified below shall also apply.

Where the Subdivision of a manufactured dwelling park or mobile home park is proposed, the following approval criteria apply:

Dedication of Right-of-Way and/or Utility Easements.

Installation of a sight obscuring fence, and/or vegetative screen whenever a party of record or the Director identifies a land use conflict.

Installation of traffic signals and signs; restricting access to and from arterial or collector streets; requiring a frontage road; restricting and strategically locating driveways; and/or requiring the joint use of driveways to serve 2 or more lots/parcels through a Joint Use/Access Agreement when transportation safety issues are identified by the Transportation Planning Engineer and/or a Traffic Impact Study.

Modification of the layout of parcel lines caused by the location of streets, required stormwater management systems, including, but not limited to: swales and detention basins or when required by the Geotechnical report specified in SDC 5.12.120.

Installation of a noise attenuating barrier, acoustical building construction and/or site modifications as specified in SDC 4.4.110, or similar measures approved by an acoustical engineer registered in the State of Oregon, to minimize negative affects on noise sensitive property from noise found to exceed acceptable noise levels prescribed in the Oregon Administrative Rules or the Federal Highway Administration Noise Abatement Criteria.

Phasing of development to match the availability of public facilities and services, including but not limited to, water and electricity; sanitary sewer and stormwater management facilities; and streets and traffic safety controls when these facilities and services are near capacity, as determined by the Public Works Director or the utility provider.

Submittal of a Land and Drainage Alteration Permit.

The Director may waive the requirement that buildable City lots/parcels have frontage on a public street when the following apply:

Retention and protection of existing physical features and their functions, including, but not limited to: significant clusters of trees and shrubs, watercourses shown on the WQLW Map and their riparian areas and wetlands, by:

The applicant shall submit copies of required permits to demonstrate compliance with applicable: Federal programs, regulations and statues; State programs, regulations and statutes; and/or local programs, regulations and statutes prior to the approval of the Plat. When a Federal or State agency issues a permit that substantially alters an approved Tentative Plan, the Director shall require the applicant to resubmit the Tentative Plan for additional review.

Approval of a Stormwater Management Plan for the development demonstrating compliance with the applicable provisions of SDC 4.3.110 and the Engineering Design Standards and Procedures Manual.

Where there are multiple panhandles, compliance with approval criteria SDC 5.12.125 shall require construction of necessary utilities to serve all approved panhandle parcels prior to recording the Plat.

Where there is a land division with a concurrent annexation application, if there is an existing dwelling, that dwelling shall connect to sanitary sewer prior to recording the Plat.

Where there is a land division with a panhandle parcel, if a noticed party requests screening, a solid screen, as specified in SDC 4.4.110 shall be provided along the property line of the abutting property and the proposed panhandle driveway. If a fence is required, the standards of SDC 4.4.115 shall apply.

In the case of the Subdivision of a manufactured dwelling park or mobile home park, the following approval conditions shall be completed prior to the recording of the Subdivision Plat:

In the case of a Partition of property that is outside of the city limits but within the City’s urban growth boundary and no concurrent annexation application is submitted, Consent to Annex forms shall be signed and recorded by the property owner prior to recording the Partition Plat.

When required as specified in SDC 5.12.120(E), the Final Future Development Plan shall be recorded at Lane County at the applicant’s expense. The applicant shall then deliver a reproducible copy of the recorded Future Development Plan to the Director.

The Plat Pre-Submittal Meeting and Timelines.

The Plat submittal shall:

The City Surveyor has approved the Plat for compliance with applicable platting requirements in accordance with State law, Lane County Ordinances and any other applicable regulations.

Streets, bicycle paths, accessways, and alleys for public use have been dedicated without any reservation or restriction other than reversionary rights upon vacation.

Public improvements, as required by this code or as a condition of Tentative Plan approval, are completed, or:

Public assessments, liens, and fees with respect to the land division have been paid, or:

All conditions of Tentative Plan approval have been met and the Plat substantially conforms to the provisions of the approved Tentative Plan.

After the Plat has been signed by the City, the applicant’s surveyor or other designated person shall deliver the Plat to the Lane County Surveyor for recording.

The applicant shall deliver a reproducible copy of the recorded Plat to the City Engineer. Once the City has proof that the Plat has been recorded, the parcels may be sold and the City may issue a Building Permit.

A Major Replat is the elimination and/or relocation of more than 2 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 2 or more lots within a recorded Subdivision.

A Minor Replat is the elimination and/or relocation of no more than 2 exterior and/or interior common boundary lines or property lines within a recorded Subdivision or Partition; or a decrease of 1 lot/parcel within a recorded Subdivision or Partition

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 4 procedure as specified in SDC 5.20.100.

All Replat Plats are reviewed under Type 1 procedure.

All Replat Tentative Plans are reviewed under Type 2 procedure.

In addition to the Type 2 notice requirement specified in SDC 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.

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:

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.

If the existing land division abuts the riparian area of a Water Quality Limited Watercourse (WQLW), as shown on the WQLW Map, the water quality protection specified in SDC 4.3.115 shall not apply to the Tentative Plan where that Plan includes 1 or more existing single-unit detached dwellings or middle housing in the R-1 District on lots/parcels 10,000 square feet in size or less. However, the water quality protection specified in SDC 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-unit detached dwellings or middle housing is increased to more than 10,000 square feet in size.

Purpose. The purpose of the Expedited and Middle Housing Land Division process is to implement requirements in ORS 197.360 to 197.380 for expedited land divisions in residential districts, and 2021 Oregon Laws Ch. 103 (S.B. 458) regarding middle housing land divisions.

Applicability. The procedures of this section are applicable to partitions and subdivisions within residential zoning districts as provided in ORS 197.365.

An application for an expedited land division or middle housing land division is subject to the completeness check requirements of SDC 5.1.405 and timeliness provisions of SDC 5.1.410 except as follows:

Mailed notice of an application for an expedited land division or middle housing land division must be provided in the same manner as for a Type 2 decision, as specified in SDC 5.1.425 and 5.1.430, to the following persons:

A notice of decision must be provided to the applicant and to all parties who received notice of the application. The notice of decision must include:

The Director will approve or deny an application for expedited land division within 63 days of receiving a complete application, based on whether it satisfies the applicable criteria of approval. The Director may approve the land division with conditions to ensure the application meets the applicable land use regulations.

The land subject to the application is within the R-1, R-2, or R-3 districts.

The land will be used solely for residential uses, including recreational or open space uses that are accessory to residential use.

The land division does not provide for dwellings or accessory buildings to be located in the following areas:

The land division satisfies the minimum street and right-of-way connectivity standards in SDC 4.2.105 Public Streets; SDC 4.2.125 Intersections; SDC 4.2.135 Sidewalks; SDC 4.2.150 Multi-Use Paths; and SDC 4.2.160 Accessways.

The land division satisfies the following development standards contained in this code, in an adopted neighborhood refinement plan, or in an applicable Master Plan:

The land division will result in development that either:

The Director will approve a tentative plan for middle housing land division based on whether it satisfies the following criteria of approval:

The application provides for the development of middle housing in compliance with SDC 3.2.250 as applicable to the original lot or parcel.

Separate utilities are provided for each dwelling unit.

The application provides for easements necessary for each dwelling on the plan for:

The application proposed exactly 1 dwelling unit on each resulting lot or parcel, except for lots, parcels, or tracts used as common areas.

The application demonstrates that buildings or structures on a resulting lot or parcel will comply with applicable building codes provisions relating to new property lines and, notwithstanding the creation of new lots or parcels, that structures or buildings located on the newly created lots or parcels will comply with the Oregon residential specialty code.

The original parcel or lot dedicated and improved the abutting street right-of-way sufficient to comply with the following:

The Director may add conditions of approval of a tentative plan for a middle housing land division or expedited land division as necessary to comply with the applicable criteria of approval. Conditions may include, but are not limited to, the following:

A condition to prohibit the further division of the resulting lots or parcels.

A condition to require that a notation appear on the final plat indicating that the approval was given under Section 2 of Senate Bill 458 (2021) as a middle housing land division.

A condition to require recording of easements required by the tentative plan on a form acceptable to the City, as determined by the City Attorney.

An expedited land division or middle housing land division is subject to the final plat standards and procedures as specified in SDC 5.12.140 to 5.12.150, and to the replat standards and procedures in SDC 5.12.155 to 5.12.165, except as specifically provided otherwise in this section.

A middle housing land division tentative plan is void if and only if a final plat is not approved within 3 years of the tentative approval.

A Master Plan allows phasing the development of a specific property over several years.

The purpose of a Master Plan is to:

Approval of a Master Plan is a 2-step process that includes a Preliminary Master Plan application and a Final Master Plan application. This process applies when the following criteria are met:

A Master Plan may include public, commercial, industrial or residential development, or any combination thereof.

The Preliminary Master Plan shall be reviewed under Type 2 procedure.

EXCEPTIONS: The Preliminary Master Plan shall be reviewed under Type 3 procedure if:

Prior to the submittal of a Preliminary Master Plan application:

If the applicant requires or proposes to change the Springfield Comprehensive Plan Map and/or applicable Comprehensive Plan text, the applicant must apply for and obtain approval of a Springfield Comprehensive Plan Map and/or Comprehensive Plan text amendment prior to the submittal of the Preliminary Master Plan application. The Map and/or text amendment may also require amendment of an applicable refinement plan diagram or Plan District Map.

The Preliminary Master Plan may be reviewed concurrently with other Type 3 applications including a Zoning Map amendment, Discretionary Use, Major Variance, or a Willamette Greenway Permit application.

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 SDC 5.13.133.

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 must include:

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:

A Grading Plan which includes: existing and proposed elevations and where 2 or more feet of fill or grading is anticipated for portions of, or the entire proposed Master Plan site. On hillsides, the plan shall show pad sites and their relationship to the public right-of-way with existing contours at 1-foot intervals and percent of slope. In areas where the percent of slope is 10 percent or more, contours may be shown at 5-foot intervals.

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:

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.

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 is more appropriate at the Master Plan level. A detailed Landscape Plan will be required during the Site Plan Review application process required to implement the Final Master Plan.

An Architectural Plan with maps, including:

A Parking Plan and Parking Study. A Parking Plan must be submitted for all proposed development that includes parking and/or required bicycle parking. The Parking Plan must contain the following information:

An On-Site Lighting Plan depicting the location and maximum height of all proposed exterior light fixtures, both free standing and attached.

A Public Right-of-Way/Easement/Public 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.

A Traffic Impact Study, as specified in SDC 4.2.105(A)(4), the scope of which may be established by the Public Works Director. The Traffic Impact Study shall contain maps and a narrative depicting projected transportation impacts, including, but not limited to: the expected number of vehicle trips that may be generated by the proposed development (peak and daily); an analysis of the impact of vehicle trips on the adjacent street system; and proposed mitigation measures to limit any projected negative impacts. Mitigation measures may include improvements to the street system itself or specific programs and strategies to reduce traffic impacts such as encouraging the use of public transit, carpools, vanpools, and other alternatives to single occupant vehicles.

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, stormwater management, electricity and water. The Phasing Plan shall consist of maps and a narrative with an overall schedule or description of on-/off-site phasing including, but not limited to: the type, location and timing of proposed uses, building locations; proposed public facilities including on-/off-site streets and traffic signals or other traffic control devices and utilities with the designation of construction and maintenance responsibility; estimated start/completion dates with a proposed type of financial guarantee, including, but not limited to, a bond, letter of credit, joint deposit or other security in a form acceptable to the City, submitted by the property owner, a future buyer and/or a developer, to ensure planned infrastructure improvements will occur with each phase, if necessary, or when required by the City, affected local agency or the State (the formal submittal of a required guarantee typically occurs during the Final Master Plan review process and/or development implementation); a statement of the applicant’s intentions with regard to the future selling or leasing (if known at the time of Preliminary Master Plan submittal) of all or portions of the proposed development (where a residential subdivision is proposed, the statement shall also include the applicant’s intentions whether the applicant or others will construct the homes); and the relationship of pedestrian and bicycle connectivity and open space requirements to the proposed phasing.

Neighborhood Meeting Summary. The applicant shall submit a summary of issues raised at the neighborhood meeting as specified in SDC 5.13.117.

A copy of all proposed and any existing covenants, conditions, and restrictions that may control development, if applicable.

Annexation. A general schedule of proposed annexation consistent with the phasing plan, if applicable.

The Director may require additional information necessary to evaluate the proposed development, including, but not limited to:

Any concurrent land use applications as specified in SDC 5.13.116(B).

Plan/Zone Consistency. The existing or proposed land use district must be consistent with the Springfield Comprehensive Plan Map and/or applicable text. In addition, the Preliminary Master Plan must be in compliance with applicable City Refinement Plan, Conceptual Development Plan or Plan District standards, policies and/or diagram and maps.

Land Use District Standards. The Preliminary Master Plan must be in compliance with applicable standards of the specific land use district and/or overlay district.

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, must be used to determine transportation system capacity. The Preliminary Master Plan must also comply with any conditions of approval from a Springfield Comprehensive Plan Map and/or applicable text amendment regarding transportation and all applicable transportation standards specified in SDC Chapter 4.

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.

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.

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 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.

Protection of Physical Features. Physical features, including, but not limited to, slopes 15 percent or greater with unstable soil or geologic conditions, areas with susceptibility to flooding, significant clusters of trees and shrubs, watercourses shown on the Water Quality Limited Watercourses (WQLW) Map and their associated riparian areas, wetlands, rock outcroppings and open spaces and areas of historic and/or archaeological significance as may be specified in SDC 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.

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 SDC 5.13.120(M) to ensure the phased public facilities construction will occur.

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.

A Final Master Plan application shall be reviewed under Type 1 procedure. However, if the Preliminary Master Plan approval was reviewed under Type 3 procedure, the Director may require the Final Master Plan to be reviewed under Type 2 procedure.

A Pre-Submittal Meeting application, as specified in SDC 5.1.120(C), is required prior to the formal submittal of the Final Master Plan application.

Within 1 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:

A Pre-Submittal Meeting application, as specified in SDC 5.1.120(C), is required prior to the formal submittal of the Final Master Plan application.

Criteria. The Approval Authority shall grant Final Master Plan approval upon finding that:

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 return a recorded copy of the Memorandum of Final Master Plan approval and all other applicable documents to the Development Services Department.

Effective Date.

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 be mailed to the applicant.

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.

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.

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 SDC 5.1.120(C).

The following modifications to a Final Master Plan shall be processed under Type 1 procedure. These modifications include a request:

The following modifications to the Final Master Plan shall be processed under Type 2 procedure, unless the Director determines that the proposed modification should be reviewed as a Type 3 procedure, based on the proposed size of the Master Plan site; and/or the availability/capacity of public facilities; and/or impacts to adjacent properties including, but not limited to noise and traffic. These modifications include a request:

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.

The following modifications to the Final Master Plan do not require subsequent land use review and are allowed upon issuance of a building permit, if required:

A Pre-Submittal Meeting application, as specified in SDC 5.1.120(C), is required prior to the formal submittal of the Final Master Plan modification application.

For all Final Master Plan modification applications described in subsections (A) and (B), above, the applicant shall demonstrate compliance with the following:

The Master Plan procedures in the Appendix of this code regarding Master Plan Modifications and/or new Master Plans shall apply to properties within the Glenwood Riverfront Plan District, SDC 3.4.200, until these regulations are updated.

Assurances to the Applicant.

City Disclaimers.

A Development Initiation Meeting is encouraged for citizen initiated amendment applications.

Comprehensive Plan amendments are reviewed under Type 4 procedures as specified in SDC 5.1.140.

A special review, and if appropriate, Comprehensive Plan amendment, must be initiated if changes in the Metro Plan basic assumptions occur. An example would be a change in public demand for certain housing types that in turn may affect the overall inventory of residential land.

A Type 1 amendment requires approval by Springfield only:

A Type 2 amendment requires approval by Springfield and Lane County only:

A Type 3 amendment requires approval by Springfield, Eugene, and Lane County.

In addition to a Metro Plan update, refinement studies may be undertaken for individual geographical areas and special purpose or functional elements, as determined appropriate by Springfield, Eugene, or Lane County.

All refinement and functional plans must be consistent with the Metro Plan. Should inconsistencies occur, the Metro Plan is the prevailing policy document.

When a Comprehensive Plan amendment also requires an amendment of a refinement plan or functional plan map or diagram and/or text for consistency, the Metro Plan, refinement plan and/or functional plan amendments must be processed concurrently.

When a Comprehensive Plan amendment is enacted that requires an amendment to a refinement plan or functional plan map or diagram for consistency, the Springfield Comprehensive Plan Map amendment automatically amends the diagram or map if no amendment to the refinement plan or functional plan text is involved.

A Type 1 amendment may be initiated by Springfield at any time. A property owner may initiate an amendment for property they own at any time. Owner initiated amendments are subject to the limitations for such amendments set out in this code (see also subsection (E)).

A Type 2 amendment may be initiated by Springfield or Lane County at any time. A property owner may initiate an amendment for property they own at any time. Owner initiated amendments are subject to the limitations for such amendments set out in this code and the Lane Code (see also subsection (E)).

EXCEPTION: Consideration of a property owner initiated Comprehensive Plan amendment (Type 1 and 2) will be postponed by the Director if the proposed amendment is also part of an existing planned refinement plan or special area study adoption or amendment process, or one that is scheduled to commence within 3 months of the date of application submittal. The requested Comprehensive Plan amendment will be considered in the legislative proceedings of the refinement plan or special area study. If the refinement plan or special area study process has not begun within the 3-month period, the Comprehensive Plan amendment application process will begin immediately following the 3-month period. The Director may exempt particular plan amendment applications from postponement under this subsection and require more immediate review if there is a finding that either there is a public need for earlier consideration or that review of the proposed amendment as part of a general refinement plan or special area study adoption or amendment process will interfere with timely completion of that process.

A Type 3 amendment may be initiated at any time by Springfield, Eugene, or Lane County.

Only Springfield, Eugene, or Lane County may initiate a refinement plan, a functional plan, a special area plan, Periodic Review, or a Metro Plan update.

Comprehensive Plan updates must be initiated no less frequently than during the state required Periodic Review of the Comprehensive Plan, although Springfield, Eugene, and Lane County may initiate an update of the Metro Plan at any time.

The initiating government body of any Type 1, Type 2 or Type 3 amendment shall notify all governing bodies of the intended amendment and the Type of amendment proposed within 20 days. If any governing body disagrees with the Type of proposed amendment, that governing body may refer the matter to the process specified in subsection (E) or (F), as appropriate.

For any Type 1, Type 2 or Type 3 amendment, a public hearing date shall be set for the Springfield Planning Commission, and the Planning Commissions of Eugene and Lane County, as applicable, within 90 days.

For Type 1, Type 2 and Type 3 amendments, the Springfield Planning Commission and the Planning Commissions of Eugene and Lane County, shall conduct a single or joint public hearing, as appropriate, and forward that record and their recommendations to the Springfield City Council and to their respective elected officials. The Springfield City Council and the participating elected officials shall also conduct a public hearing, as appropriate, prior to making a final decision.

If all participating governing bodies reach a consensus to approve a proposed Type 2 or Type 3 amendment, substantively identical Ordinances effecting the applications shall be adopted. Where there is no consensus a proposed amendment, it may not be re-initiated, except by either Springfield, Eugene or Lane County, for 1 year (see also SDC 5.14.150).

A Type 2 amendment for which there is no consensus shall be referred to the Chair of the Lane County Board of Commissioners and the Mayor of Springfield for further examination of the issues in dispute and recommendation back to the governing bodies. If no recommendation is made back to the governing bodies within 6 months, the plan amendment is denied.

A Type 3 amendment for which there is no consensus, shall be referred to the Chair of the Lane County Board of Commissioners and the Mayors of Springfield and Eugene for further examination of the issues in dispute and recommendation back to the governing bodies. If no recommendation is made back to the governing bodies within 6 months, the plan amendment is denied.

If a plan amendment is denied because of a lack of consensus, the director of the jurisdiction where the application originated shall issue a denial. For quasi-judicial amendments, the denial shall include findings and conclusions on why the proposed amendment does not meet the approval criteria. Those findings and conclusions may incorporate findings and conclusions previously adopted by 1 or both of the government bodies. The decision of the planning director is final.

When identical action is required of 2 or 3 government bodies on an amendment, and the amendment results in a number of different plan changes, unless otherwise specified in the adoption Ordinance of any of the government bodies, action by all of the government bodies to adopt some but not all of the plan changes shall result in the adoption of the changes for which there is consensus and the forwarding of only those changes for which there is no consensus as specified under subsections (E) and (F), above.

A different process, time line, or both, than the processes and time lines may be established by the governing bodies of Springfield, Eugene and Lane County for any government initiated Metro Plan amendment.

The amendment shall be consistent with applicable Statewide Planning Goals; and

Plan inconsistency:

The purpose of Minimum Development Standards (MDS) review is to:

The MDS review process applies to Commercial, Industrial, Residential, and Public Land and Open Space land use districts.

If an application triggers the need for a Traffic Impact Study (TIS) as specified in SDC 4.2.105(B), then the application does not qualify for an MDS and must be processed through a Site Plan Review process.

A proposal for developments in Commercial, Industrial, or Residential land use districts where the development is within 150 feet of a locally significant wetland or riparian area is not eligible for the MDS process. Site Plan Review is required according to SDC 4.3.117(D) in these cases.

The MDS process is not applicable to new multiple-unit housing development. Multiple-unit housing development is approved through Site Plan Approval in SDC 5.17.100 or multiple-unit housing review in SDC 4.7.380.

Minimum Development Standards review procedures are applied subject to applicability and locational standards.

MDS provisions only apply to properties located within Springfield’s city limits. Development proposals that do not conform to the MDS applicability standards require Site Plan Review according to SDC 5.17.

An MDS application may be 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 review.

Where there is an MDS application for addition, expansion, or change of use category for a building or property containing multiple uses, the entire property may be brought into compliance with the standards specified in SDC 5.15.125, or the application may request that required improvements be reviewed, approved, and installed in proportion to the relative impacts of the businesses on the property.

The required plans that must be submitted with an MDS application as specified below must be prepared by a design professional, licensed in the State of Oregon, when required by State law, such as:

An MDS application must include the following information:

An MDS application is reviewed under the Type 1 ministerial review process without notice or an opportunity to appeal. The applicant may request that the application process include public notice according to SDC 5.1.425. In this case the applicant is responsible for paying the notice fee.

The Director must approve, approve with conditions, or deny an application for Minimum Development Standards review based upon the approval standards listed below.

Required public improvements and any additional required land use permits or approvals will be reviewed in accordance with this code.

In order to grant MDS approval, the Director must verify compliance with all applicable standards specified below.

Final approvals and/or occupancy is contingent upon the completion of all required site improvements. Development must not commence until the applicant has received all the appropriate land use and development approvals including but not limited to: Final Minimum Development Standards review approval, grading permits, and building permits. Construction of any public improvements must not commence until the City has approved all required public improvement plans (e.g., utilities, streets, public land dedication, etc.). The City may require the applicant to enter into an agreement (e.g., for phased developments and developments with required public improvements), and may require bonding or other assurances for improvements, in accordance with SDC 5.15.135, Bonding and Assurances for Development.

The applicant must comply with the Tentative MDS approval and any conditions of approval within 3 years of the Tentative MDS Plan approval as follows:

If public improvements are required, the applicant must submit to the City a signed Development Agreement within 90 days of the Director’s Final MDS Plan approval.

A Building Permit may be issued by the Building Official only after the Development Agreement has been signed by the property owner and submitted to the City.

No structure or site approved as part of the MDS approval can be occupied until all improvements are made as specified in this section, unless otherwise permitted below.

The construction of the required improvements must begin within 2 years of the Final MDS approval. If this time line cannot be met, the applicant may submit a written request for a 1 year extension of the 2 year start of construction timeline specified above.

If the timeline established for the start of construction in subsection (F) above is not met and the applicant has not requested an extension, then the approval decision is null and void.

Upon satisfactory completion of site development, as determined by a Final Site Inspection (prior to the final building inspection), the City will authorize the provision of public facilities and services and issue a Certificate of Occupancy or otherwise authorize use of the site.