City of Corvallis Community Development Department Welcome to the Community Development Department City Home | About Corvallis | Find It A-Z | Departments | City Services | Calendar | Contact a71 Draft Code Language a71 Map Changes Home Departments Community Development Planning Division Land Development Code Update, Ph. I & II Land Development Code Update, Ph. I & II Phase II of the Corvallis Land Development Code Update The Corvallis Planning Commission has held four worksessions addressing items for update of the Land Development Code (LDC). The primary purpose of this effort is to develop interim protection regulations for wetlands and streams while more complete information is accumulated through the Natural Features Inventory (NFI) project. The State refers to these interim measures as "safe harbor" protection and they are to be used until the full State-mandated Planning Goal 5 process is completed. The full process will include the need to balance the protection of environmental features with the need to provide land for economic development and housing needs. In addition to the interim wetland and stream protection standards currently being developed, several policies from the new Corvallis Stormwater Master Plan are being implemented. Incentives for removal of structures and impervious surface from within the 100-yr floodplain are being developed as are standards for stream shading. Finally, work is being done to clarify processes for modifications to planned developments and to create the opportunity to modify conditional developments and subdivision tentative plats under specific circumstances. For more information, contact Fred Towne, Senior Planner, at: 541-766-6908, e- mail. Office Location: City Hall, Upper Level, 501 SW Madison Avenue Mailing Address: City of Corvallis, Planning Division, P.O. Box 1083, Corvallis, OR http://www.ci.corvallis.or.us/index.php?option=content&task=view&id=286&Itemid=239 (1 of 3)8/18/2005 1:50:15 AM City of Corvallis Community Development Department 97330 Background Information Regarding Land Development Code Update, Phase I: In December, 2000, the City Council approved a revised draft of the Land Development Code (the City’s Zoning Ordinance), as well as the associated Zoning Map changes, and amendments to the Corvallis Comprehensive Plan Text and Map. The changes are intended to implement the adopted 1998 Comprehensive Plan. The proposed changes apply Citywide. The Oregon Land Conservation and Development Commission reviewed the City's revised Land Development Code in June, 2001. For further information about the status of the proposed Land Development Code, contact the City's Planning Division at 541-766-6908. Available Documents: a71 Notice of Disposition, including associated findings and conclusions and approved changes to "Draft D": a72 Notice of Disposition (Order 2000-132) a72 Ordinance 2000-38 - Comprehensive Plan Amendment (CPA00- 00007) a72 Ordinance 2000-42 - Comprehensive Plan and Comprehensive Plan Map Amendment (CPA00-00007) a72 Ordinance 2000-43 - Land Development Code Text Amendment and Zoning Map Amendment (LDT00-00002, ZDC00-00009) a71 Draft E of Proposed Land Development Code - Includes Staff Report to City Council a71 Zoning and Comprehensive Plan Map Changes a71 City Council hearing minutes (excerpts relating to LDC Update): a72 November 20, 2000 a72 November 29, 2000 a72 December 4, 2000 a72 December 11, 2000 a72 December 18, 2000 Other Background Information: a71 Self-Guided Tour of Pedestrian-Oriented Development Standards (8341 KB)* a71 Code Update Case Studies (3719 KB)* - These case studies tested the feasibility and cost impacts of the proposed new Code requirements. http://www.ci.corvallis.or.us/index.php?option=content&task=view&id=286&Itemid=239 (2 of 3)8/18/2005 1:50:15 AM City of Corvallis Community Development Department *Note: These are both large files which may take awhile to load on your computer. denotes Adobe Acrobat "PDF" file: these documents must be viewed with Adobe Acrobat Reader software which is available free from Adobe Systems. Download Adobe Acrobat Reader software now! Some of these file are large and may take awhile to download on your computer. Last Updated ( Friday, April 30 2004 ) Appropriate Use Policy | Privacy Policy | Contact Webmaster | Sign-up for Newsletters 501 SW Madison Ave., Corvallis, OR 97333 ph: (541) 766-6981 Fax: (541) 766-6936 http://www.ci.corvallis.or.us/index.php?option=content&task=view&id=286&Itemid=239 (3 of 3)8/18/2005 1:50:15 AM City of Corvallis Community Development Department Welcome to the Community Development Department City Home | About Corvallis | Find It A-Z | Departments | City Services | Calendar | Contact a71 Draft E Home Departments Community Development Planning Division Land Development Code Update, Ph. I & II Draft Code Language Draft Code Language Draft E of all approved changes to the Land Development Code is available. Draft E has been approved by the State Department of Land Conservation and Development; however, the revised Code currently is subject to a legal challenge and is not yet in effect. For further information about the legal status of the revised Code, contact the Planning Division at (541) 766-6908. Copies of Draft E also are available for review at the City/County Public Library (645 NW Monroe Avenue) and at the Planning Division (501 SW Madison Avenue). Staff Report Information for Draft Land Development Code: Note: Some of these are large files which may take awhile to load on your computer. denotes Adobe Acrobat "PDF" file: these documents must be viewed with Adobe Acrobat Reader software which is available free from Adobe Systems. Download Adobe Acrobat Reader software now! a71 November 9, 2000 Cover Memo to City Council for November 20 Public Hearing from Ken Gibb, Community Development Director a71 Draft Proposed Zoning & Comprehensive Plan Map Changes (November 8 Version for November 20 City Council Public Hearing) a71 Planning Commission Notice of Disposition a71 Miscellaneous Additional Testimony Received During and After the October, 2000 City Council Work Sessions a71 Minutes from the October, 2000 City Council Work Sessions a71 October 26, 2000 Memo to City Council from Ken Gibb, Community Development http://www.ci.corvallis.or.us/index.php?option=content&task=view&id=287&Itemid=862 (1 of 3)8/18/2005 1:50:28 AM City of Corvallis Community Development Department Director a71 October 24, 2000 Memo to City Council from Kathy Seeburger, Associate Planner (re: additional property owner mapping requests) a71 October 24, 2000 Memo to City Council from Kathy Seeburger, Associate Planner (re: letter from Bert Meyer) a71 October 19, 2000 Memo to City Council from Kelly Schlesener, Planning Manager a71 October 17, 2000 Handout with Additional Testimony a71 October 16, 2000 Memo to City Council from Fred Towne, Associate Planner, and Kelly Schlesener, Planning Manager a71 Cover Memo to City Council Outlining Agendas and Meeting Format for October Work Sessions a71 Attachment I - Planning Commission Minutes for September 20, 2000 Meeting a71 Attachment II - Written Testimony Submitted After September 20, 2000 Planning Commission Deliberations a71 Attachment III - Planning Commission Minutes for September 13, 2000 Meeting a71 Attachment IV - Supplemental Staff Memo to Planning Commission dated September 13, 2000 (re: additional written testimony) a71 Attachment V - Supplemental Staff Memo to Planning Commission dated September 12, 2000: a72 Attachment A - Additional Discussion Items Identified for the September 13, 2000 Planning Commission Deliberations & Commercial Technical Review Group (CTRG) Meeting Minutes Regarding the Development of the Mixed Use Community Shopping (MUCS) & Mixed Use General Commercial (MUGC) Zones a72 Attachment B - Written Testimony Submitted at September 6, 2000 Planning Commission Public Hearing and Between Then and Deadline of September 11, 2000 a72 Attachment C - Matrix of All Discussion Items for Planning Commission Deliberations of September 13 & 20, 2000 (taken from written and verbal testimony received through September 11, 2000, e-mails, etc.) a71 Attachment VI - Planning Commission Minutes for September 6, 2000 Public Hearing a71 Attachment VII - Supplemental Staff Memo to Planning Commission dated September 6, 2000 (re: additional testimony) a71 Attachment VIII - Supplemental Staff Memo to Planning Commission dated September 6, 2000 (re: additional discussion items) a71 Attachment IX - August 25, 2000 Staff Report to the Planning Commission: a72 Executive Summary/Overview for Readers of the Land Development Code Staff Report http://www.ci.corvallis.or.us/index.php?option=content&task=view&id=287&Itemid=862 (2 of 3)8/18/2005 1:50:28 AM City of Corvallis Community Development Department a72 Introduction & Part I - Evaluation of Legislative Amendment to the Land Development Code (LDT00-00002) a72 Part II - Evaluation of Comprehensive Plan Amendment (CPA00-00007) a72 Part III - Evaluation of District (Zoning) Map Change (ZDC00-00009) a72 Part IV - Statewide Planning Goal Analysis a72 Attachments A - C (Maps): a73 Attachment A - Draft Proposed Zoning & Comprehensive Plan Map Changes (September 28 Version to Planning Commission) a73 Attachment B - Existing Zoning Map a73 Attachment C - Existing Comprehensive Plan Map a72 Attachments D - P: a73 Attachment D - Proposed Comprehensive Plan Text Amendments to Article 40 a73 Attachment E - Table of Comprehensive Plan Map Designations & Corresponding Zones a73 Attachment F - Tables Outlining Proposed Zone Changes by Acreage a73 Attachment G - Timberhill Area Mapping Corrections Information a73 Attachment H - North Campus Area Plan Map a73 Attachment I - Central Park Neighborhood Association Mapping Information a73 Attachment J - Legal Issues Associated with Supply of Vacant Residential Land a73 Attachment K - Written Testimony Received Regarding Specific Map Change Requests a73 Attachment L - Written Testimony Received Regarding Specific Land Development Code Text Change Requests a73 Attachment M - Written Comments - General a73 Attachment N - Work Order RE: Periodic Review and DLCD Letter Approving Comprehensive Plan a73 Attachment O - Table Showing Proposed Uses By Zone Contacts for More Information: If you have any questions, please contact Planning Manager Kelly Schlesener or Senior Planner Fred Towne at the City of Corvallis Planning Division at (541) 766-6908 or send an e-mail. Last Updated ( Friday, April 30 2004 ) Appropriate Use Policy | Privacy Policy | Contact Webmaster | Sign-up for Newsletters 501 SW Madison Ave., Corvallis, OR 97333 ph: (541) 766-6981 Fax: (541) 766-6936 http://www.ci.corvallis.or.us/index.php?option=content&task=view&id=287&Itemid=862 (3 of 3)8/18/2005 1:50:28 AM City of Corvallis Community Development Department Welcome to the Community Development Department City Home | About Corvallis | Find It A-Z | Departments | City Services | Calendar | Contact a71 Draft Code Language a71 Map Changes Home Departments Community Development Planning Division Land Development Code Update, Ph. I & II Map Changes Land Development Code Map Changes As part of the Land Development Code Update process, the City has approved changes to the Zoning Map that implement the new Comprehensive Plan and Comprehensive Plan Map. Some limited changes to the Comprehensive Plan Map also were approved. These map changes addressed the following objectives: a71 Implement changes reflected in the 1998 adopted Comprehensive Plan Map on the Zoning Map. a71 Implement subsequent mapping recommendations from the Commercial and Neighborhood Technical Review Groups. a71 Correct existing inconsistences with the Comprehensive Plan and/or Zoning Maps. All Zoning and Comprehensive Plan Map changes have been consolidated onto one map (see below). This map reflects what was approved by the City Council on December 18, 2000 following a public hearing. Further information about the Council's decision and implementation of the new Land Development Code and associated map changes. If you have any questions about the map changes, please contact Planning Manager Kelly Schlesener or Associate Planners Fred Towne and Kathy Seeburger at the City of Corvallis Planning Division at (541) 766-6908 or send an e-mail. The following Comprehensive Plan and Zoning Map files are available for review: a71 Zoning & Comprehensive Plan Map Changes (1565 KB) http://www.ci.corvallis.or.us/index.php?option=content&task=view&id=840&Itemid=888 (1 of 2)8/18/2005 1:50:38 AM City of Corvallis Community Development Department a71 New Comprehensive Plan Map Adopted in 1998 (2255 KB) a71 Existing Zoning Map (1808 KB) Note: These are all large map files which may take awhile to load on your computer. Once the file is open, you can use the magnifying glass to view specific sections of the map in more detail. denotes Adobe Acrobat "PDF" file: these documents must be viewed with Adobe Acrobat Reader software which is available free from Adobe Systems. Download Adobe Acrobat Reader software now! Last Updated ( Friday, April 30 2004 ) Appropriate Use Policy | Privacy Policy | Contact Webmaster | Sign-up for Newsletters 501 SW Madison Ave., Corvallis, OR 97333 ph: (541) 766-6981 Fax: (541) 766-6936 http://www.ci.corvallis.or.us/index.php?option=content&task=view&id=840&Itemid=888 (2 of 2)8/18/2005 1:50:38 AM City of Corvallis Community Development Department Welcome to the Community Development Department City Home | About Corvallis | Find It A-Z | Departments | City Services | Calendar | Contact a71 Draft E Home Departments Community Development Planning Division Land Development Code Update, Ph. I & II Draft Code Language Draft E Draft E LAND DEVELOPMENT CODE UPDATE - DRAFT E Article I: General Provisions Article II: Administrative Procedures Article III: Development Districts Article IV: Development Standards denotes Adobe Acrobat "PDF" file: these documents must be viewed with Adobe Acrobat Reader software which is available free from Adobe Systems. Download Adobe Acrobat Reader software now! Article I: General Provisions a71 Chapter 1.0 - Introduction a71 Chapter 1.1 - The City Council and Its Agencies and Officers a71 Chapter 1.2 - Legal Framework a71 Chapter 1.3 - Enforcement a71 Chapter 1.4 - Nonconforming Development a71 Chapter 1.5 - Reserved a71 Chapter 1.6 - Definitions http://www.ci.corvallis.or.us/index.php?option=content&task=view&id=351&Itemid=863 (1 of 4)8/18/2005 1:51:06 AM City of Corvallis Community Development Department Article II: Administrative Procedures a71 Chapter 2.0 - Public Hearings a71 Chapter 2.1 - Comprehensive Plan Amendment Procedures a71 Chapter 2.2 - Development Zone Changes a71 Chapter 2.3 - Conditional Development a71 Chapter 2.4 - Subdivsions and Major Replats a71 Chapter 2.5 - Planned Development a71 Chapter 2.6 - Annexations a71 Chapter 2.7 - Extension of Services Outside the City Limits a71 Chapter 2.8 - Vacating of Public Lands and Plats a71 Chapter 2.9 - Historic Preservation Provisions a71 Chapter 2.10 - Major Neighborhood Center Master Site Plan Requirements a71 Chapter 2.11 - Reserved a71 Chapter 2.12 - Lot Development Option a71 Chapter 2.13 - Plan Compatiblity Review a71 Chapter 2.14 - Partitions, Minor Replats, and Lot Line Adjustments a71 Chapter 2.15 - Hillside Development and Density Transfer a71 Chapter 2.16 - Request for Interpretation a71 Chapter 2.17 - Reserved a71 Chapter 2.18 - Solar Access Permits a71 Chapter 2.19 - Appeals Article III: Development Districts a71 Chapter 3.0 - Use Classifications a71 Chapter 3.1 - RS-3.5 (Low Density) Zone a71 Chapter 3.2 - RS-5 (Low Density) Zone a71 Chapter 3.3 - RS-6 (Low Density) Zone a71 Chapter 3.4 - RS-9 (Medium Density) Zone http://www.ci.corvallis.or.us/index.php?option=content&task=view&id=351&Itemid=863 (2 of 4)8/18/2005 1:51:06 AM City of Corvallis Community Development Department a71 Chapter 3.5 - RS-9U (Medium Density - University) Zone a71 Chapter 3.6 - RS-12 (Medium-High Density) Zone a71 Chapter 3.7 - RS-12U (Medium-High Density - University) Zone a71 Chapter 3.8 - RS-20 (High Density) Zone a71 Chapter 3.9 - MUR (Mixed Use Residential) Zone a71 Chapter 3.10 - Minor Neighborhood Center Master Site Plan Requirements (Reserved) a71 Chapter 3.11 - P-AO (Professional and Administrative Office) Zone a71 Chapter 3.12 - (SA) (Shopping Area) District - Proposed to be Deleted a71 Chapter 3.13 - (SAU) (Shopping Area-University) District - Proposed to be Deleted a71 Chapter 3.14 - CS (Community Shopping) District - Proposed to be Deleted a71 Chapter 3.14 - Neighborhood Center (NC) Zone a71 Chapter 3.15 - LC (Linear Commercial) District - Proposed to be Deleted a71 Chapter 3.15 - RF (Riverfront) Zone a71 Chapter 3.16 - CB (Central Business) Zone a71 Chapter 3.17 - CBF (Central Business Fringe) Zone a71 Chapter 3.18 - RSC (Regional Shopping Center) District - Proposed to be Deleted a71 Chapter 3.19 - SSD (Special Shopping District) District - Proposed to be Deleted a71 Chapter 3.19 - MUCS (Mixed Use Community Shopping) Zone a71 Chapter 3.20 - MUC (Mixed Use Commercial) District - Proposed to be Deleted a71 Chapter 3.20 - MUGC (Mixed Use General Commercial) Zone a71 Chapter 3.21 - MUT (Mixed Use Transitional) Zone a71 Chapter 3.22 - LI-O (Limited Industrial-Office) Zone a71 Chapter 3.23 - LI (Limited Industrial) Zone a71 Chapter 3.24 - GI (General Industrial) Zone a71 Chapter 3.25 - II (Intensive Industrial) Zone a71 Chapter 3.26 - RTC (Research Technology Center) Zone a71 Chapter 3.27 - MUE (Mixed Use Employment) Zone a71 Chapter 3.28 - Reserved a71 Chapter 3.29 - Reserved http://www.ci.corvallis.or.us/index.php?option=content&task=view&id=351&Itemid=863 (3 of 4)8/18/2005 1:51:06 AM City of Corvallis Community Development Department a71 Chapter 3.30 - WRG (Willamette River Greenway) Zone Overlay a71 Chapter 3.31 - HPO (Historic Preservation Overlay) Zone a71 Chapter 3.32 - PD (Planned Development) Zone Overlay a71 Chapter 3.33 - Reserved a71 Chapter 3.34 - Reserved a71 Chapter 3.35 - Reserved a71 Chapter 3.36 - OSU (Oregon State University) Zone a71 Chapter 3.37 - AG-0S (Agriculture-Open Space) Zone Article IV: Development Standards a71 Chapter 4.0 - Improvements Required With Development a71 Chapter 4.1 - Parking, Loading and Access Requirements a71 Chapter 4.2 - Landscaping, Buffering, Screening and Lighting a71 Chapter 4.3 - Accessory Development Regulations a71 Chapter 4.4 - Land Division Standards a71 Chapter 4.5 - Flood Control and Drainageway Provisions a71 Chapter 4.6 - Solar Access a71 Chapter 4.7 - Corvallis Sign Regulations a71 Chapter 4.8 - Manufactured Dwelling Facility Standards a71 Chapter 4.9 - Additional Provisions a71 Chapter 4.10 - Pedestrian Oriented Design Standards a71 Preliminary Code Graphics Contacts for More Information: If you have any questions, please contact Associate Planners Kelly Schlesener or Fred Towne at the City of Corvallis Planning Division at (541) 766-6908 or send an e-mail. Last Updated ( Friday, April 30 2004 ) Appropriate Use Policy | Privacy Policy | Contact Webmaster | Sign-up for Newsletters 501 SW Madison Ave., Corvallis, OR 97333 ph: (541) 766-6981 Fax: (541) 766-6936 http://www.ci.corvallis.or.us/index.php?option=content&task=view&id=351&Itemid=863 (4 of 4)8/18/2005 1:51:06 AM November 20, 2000 Council Minutes Page 728 CITY OF CORVALLIS COUNCIL ACTION MINUTES November 20, 2000 The regular meeting of the City Council of the City of Corvallis, Oregon, was called to order at 12:04 pm on November 20, 2000, in the Downtown Fire Station, 400 NW Harrison, Corvallis, Oregon, with Mayor Berg presiding. PLEDGE OF ALLEGIANCE I. ROLL CALL PRESENT: Mayor Berg, Councilors Schmidt, Wogaman, Beilstein, Tomlinson, Barlow-Pieterick, Grosch, Howell (12:08) ABSENT: Councilors Griffiths, Peters (both excused) Mayor Berg expressed the Council’s pride in the Oregon State University (OSU) Beavers and the Corvallis community, which celebrated the Beavers’ recent football victory over the University of Oregon (UofO) Ducks without any injuries, on or off the playing field. Mayor Berg directed Councilors’ attention to items at their places, including: 1. An e-mail message dated November 19th from Rebecca Landis supporting the Land Development Code (LDC) update; 2. An e-mail message from Steve and Jolene Broich dated November 17th supporting the new LDC rules; 3. A pamphlet published by the Corvallis Area Chamber of Commerce (Chamber) regarding experimental “new urbanism”; 4. A letter dated November 16th from OSU Federal Credit Union expressing some concern about the LDC update; 5. A letter from Tim Willis dated November 16th expressing concern about the LDC update; 6. A letter from Bruce Osen dated November 20th supporting adoption of the LDC without significant change; 7. A letter from Jane Averill dated November 16th expressing support for the LDC update and providing perspective from the viewpoint of international students; and 8. A memorandum to the Mayor, City Council, and Planning Commission from Deputy City Attorney Brewer, dated November 20th, regarding statewide Measure 7. II. CONSENT AGENDA It was moved, seconded, and unanimously carried to adopt the Consent Agenda as follows: A. Reading of Minutes 1. City Council Meeting - November 6, 2000 2. City Council - elect Work Session - November 15, 2000 November 20, 2000 Council Minutes Page 734 Councilor Tomlinson concurred with Councilor Grosch. He inquired whether the HOME program has the same eligibility requirements as the CDBG program and, specifically, whether students are excluded from the program. Housing Programs Coordinator Weiss responded that the HOME and CDBG programs are almost identical, in that people qualify for assistance based upon income. The HOME program tries to target housing efforts toward lower income levels. The majority of the HOME resources go toward very-low-income housing activities for people earning less than 50 and 60 percent of local median income. A smaller portion of the HOME funding will target housing for people earning less than 80 percent of local median income. He expects that students would not be excluded, as long as they qualify based upon their incomes. Councilor Tomlinson noted that, in the CDBG program, students were not designated as a recipient class. Mr. Weiss confirmed that students are not a presumed low-income group, so they do not qualify automatically as a target group and must qualify individually as a low-income person or as a member of a low-income household. He confirmed that the same type of restrictions apply to the HOME program. RESOLUTION 2000-62 passed unanimously. Mayor Berg reviewed the format for the evening Council meeting. Mayor Berg recessed the Council at 12:40 pm and reconvened the Council at 7:00 pm in the LaSells Stewart Center, SW 26th Street & SW Western Boulevard, Corvallis, Oregon. I. ROLL CALL PRESENT: Mayor Berg, Councilors Schmidt, Wogaman, Beilstein, Tomlinson, Barlow-Pieterick, Grosch, Howell, Peters ABSENT: Councilor Griffiths (excused) Mayor Berg announced that Councilor Howell was re-elected to his fifth Council term with 295 write-in votes. Mayor Berg directed Councilors’ attention to items at their places, including: 1. A memorandum from David Livingston, Gary Feuerstein, Dick Bryant, Kent Daniels, Jerry Davis, and John Evans regarding the Riverfront Zone, LDC Chapter 3.15. 2. A memorandum to the Mayor and Council from Community Development Director Gibb regarding a review of the riverfront parking standards. 3. A memorandum to the Mayor and Council from Associate Planner Towne regarding the LDC update project and related cases. She explained that the handout contained copies of materials that would be used during staff’s overhead presentation this evening. 4. Additional testimony for the LDC update project to be considered during tonight’s public hearing. Mayor Berg announced that, during the noon Council meeting, the Council was provided with copies of the City’s Emergency Operations Plan. Any Councilors not desiring to keep a personal copy of the Plan may return their copy to Ms. Mariner, and the Fire Department will retain the extra copies. November 20, 2000 Council Minutes Page 735 VI. VISITORS’ PROPOSITIONS Justin Roach, President of Associated Students of OSU (ASOSU), appeared before the Council concerning the following issues: 1. He welcomed the Council to the OSU campus, noting it was home of the nationally fifth- ranked Beaver football team. 2. He reported that ASOSU completed a voter registration drive, registering 4,200 students for the recent general election. He thanked Councilors Tomlinson and Grosch for their assistance in the registration efforts. 3. He congratulated the Council on the recent passage of the open space bond measure. 4. He stated that ASOSU was in the process of determining the response rate of the predominately student precincts in the recent election, but he thinks the precincts did well. 5. He thanked the Council candidates who spoke to the Interfraternity and Panhellenic Councils regarding student concerns. 6. He thanked staff for talking with students concerning rehabilitation loans for fire prevention in fraternity and sorority houses on campus. 7. He noted that additional CDBG funds are available; he assured the Council that ASOSU will be involved in allocation discussions as early as possible to determine how students can benefit from the CDBG funds. 8. Referencing the recent football game with UofO, he opined that the game was great, and he reported that a lot of orange was visible on campus recently. He participated in the Corvallis Police Department (CPD) ride-along program the evening before the football game. He noted that the CPD anticipated a busy evening Saturday and had almost all units on duty. Instead, Saturday evening was pretty calm and safe. He speculated that the interactions of students, CPD, Councilors Tomlinson and Beilstein, the Community Policing Forum, and neighborhood associations were having positive effects. 9. He stated that he looks forward to working with the recently elected Councilors. Mayor Berg remarked that Corvallis citizens who are also OSU students should be commended for their demeanor after winning an exciting football game. She said it was wonderful to read in the newspaper the following morning that there were no problems from the game or the subsequent celebrations. Referencing the CDBG and HOME funds, she stated that she spoke with Housing Programs Specialist Loewen. She explained that ASOSU will soon receive a report comparing people, instances, and circumstances reported during the first six months of the rental housing program, compared with the most recent six-month period. Councilor-Elect Stewart Wershow reported that he was approached by a constituent of his ward who was concerned about speeding traffic at the intersection of NW 17th Street and NW Cleveland Avenue. A resident near the intersection was almost hit four times while trying to exit their driveway. The constituent believes that stop signs at the intersection would be beneficial and expressed this suggestion to staff but received no response. He assured the constituent that he would report the problem to the Council. VIII. & IX. STANDING COMMITTEE REPORTS AND ORDINANCES, RESOLUTIONS, AND MOTIONS - Continued A. Administrative Services Committee - November 13, 2000 - Continued November 20, 2000 Council Minutes Page 736 2. Annual Utility Rate Review - Continued Mr. Nelson announced that the Council requested that this issue be discussed during the evening meeting to allow opportunity for citizens to submit testimony during Visitors’ Propositions. He explained that the issue was first presented to the Committee for review and recommendation; it is now before the Council for consideration. Public Works Administrative Division Manager Steckel explained that staff conducts annual reviews of the water, wastewater, and stormwater funds and fund viability and recommends rate increases, if appropriate, to maintain the fund viability. She reported that staff recommended a combined rate increase of two and one-half percent, applied as follows: one percent for water, three percent for wastewater, and five percent for stormwater. She stated that staff is following Council’s direction from last year to keep the combined utility rate increases under three percent per year. Mayor Berg commented that the Council voted in 1993 to keep utility rate increases below seven percent. Mr. Fewel read an ordinance relating to utility rates, amending Municipal Code Chapters 2.09, “Storm Water System; Charges”; 3.01, “Water Regulations”; and 4.03, “Sewer Regulations and Charges,” establishing rates for 2000. Councilor Howell expressed his appreciation for the Committee’s review of the issue. He believes the rate increase is appropriate and equitable for ratepayers. He is pleased that, even with the rate increases, the City would stay in the middle of the range for comparable communities in the Willamette Valley. ORDINANCE 2000-33 passed unanimously. Mayor Berg reviewed the proceedings for the evening. Because there were no citizens in attendance desiring to speak to the Council under Visitors’ Propositions, and the public hearing was advertised to begin at 7:30 pm, Mayor Berg recessed the meeting from 7:16 pm until 7:30 pm. VII. PUBLIC HEARINGS A. A public hearing to consider a rate increase proposal for Corvallis Disposal Company (Bio- Med Services) Mayor Berg reviewed the order of proceedings and opened the public hearing. Staff Report Franchise Utility Specialist Krieg reported that, on October 1st, the City received a request from Corvallis Disposal Company (CDC), on behalf of its subcontractor Bio-Med of Oregon November 20, 2000 Council Minutes Page 737 (BMO), to increase rates for the collection of medical waste, effective January 1, 2001. The last approved rate increase for medical waste collection occurred during 1996. The request was based upon revenue projections for August and September customer accounts. The request would result in an overall rate increase of 26 percent. BMO’s two largest local customers, Good Samaritan Hospital (GSH) and The Corvallis Clinic (TCC), would receive lower rate increases because of volume discount provisions in the rate schedule. The rate increase would cover increased disposal costs and offset increased expenses resulting from inflationary pressures on operating, labor, and fuel costs, equipment replacement, and increased expenses related to hiring additional personnel, education, and outreach. BMO submitted an income statement for its Oregon operations. At the Committee’s request, BMO submitted an income statement for its Corvallis operations. Staff recommends approval of the requested rate increase. Councilor Schmidt observed that the report shows a 33 percent average increase, yet Mr. Krieg cited a 26 percent increase. He questioned whether BMO committed to a specific rate increase percentage. Mr. Krieg responded that BMO submitted a revised projected revenue, based upon current customer counts and determined that the rate increase could be lower than originally requested. Rate increases for GSH and TCC would be 21 percent because of their volume discounts. Questions of Staff - None. Public Testimony in Support - None. Testimony in Opposition - None. Neutral Testimony - None. Mayor Berg closed the public hearing. Questions of Staff - None. Deliberations Mr. Fewel read a resolution adopting the submitted rate schedule revisions, subject to a public hearing, and effective January 1, 2001. Councilor Barlow-Pieterick stated that he received letters concerning this issue, with one citizen questioning why rate payers must pay for services that benefit a small group of people. He inquired how the rate increase became applicable to the general population. Mr. Krieg responded that a newspaper article several days ago contained incorrect information. He explained that the rate increase did not affect the general public, applied strictly to collection and disposal of medial waste, and affected 147 customers in Corvallis. Mayor Berg observed that, despite the fee being paid only by the affected users, any rate increase falls under the City’s franchise legislation and must be reviewed through a public hearing process and approved by the Council. November 20, 2000 Council Minutes Page 738 Final Decision RESOLUTION 2000-63 passed unanimously. B. A public hearing to consider revisions to the Land Development Code (LDT00-00002, CPA00-00007, ZDC00-00009) Mayor Berg welcomed everyone to the public hearing. She reported that statewide Measure 7 did not pass in Benton, Multnomah, or Lane County; in fact, the measure failed 60 percent to 40 percent in Benton County. She explained that, at the November 29th special Council meeting, the Council will consider an ordinance outlining procedures for processing claims under Measure 7; findings will be adopted December 4th. She noted that there will be a great deal of discussion statewide concerning implementation of Measure 7. Corvallis intends to finish updating the LDC and submit it to the State for review; the State review will require approximately six months. The Council will have opportunity to discuss implementation of the LDC mid-year, after it is approved by the Land Conservation and Development Commission (LCDC). By that time, more will be known about the effects of Measure 7. Mayor Berg thanked the citizens, Planning Commission, technical review groups (TRGs), and workshop participants who, four years earlier, began development of the Corvallis 2020 Vision Statement (2020 VS). She explained that the 2020 VS was used as the basis for the Comprehensive Plan, which was accepted by LCDC. She noted that the LDC is the culmination of work during the preceding four years and is intended to implement the Comprehensive Plan. She stressed that tonight’s public hearing is an opportunity for citizens to tell the Council what they like and dislike about the proposed LDC. She stated that she did not expect the Council to deliberate this evening; deliberations will be conducted during the November 29th special Council meeting. Mayor Berg reviewed the order of proceedings, asked that citizens testifying to the Council limit their remarks to four minutes each, and opened the public hearing. Declaration of Conflicts of Interest - None November 20, 2000 Council Minutes Page 739 Staff Report Community Development Director Gibb reviewed the information to be presented in the staff report. Following the handout (see Attachment A), he explained the periodic review tasks acknowledged by LCDC as completed, the outstanding tasks from the original periodic review work program, and the tasks added as part of LCDC’s acknowledgment of the periodic review of tasks one through eight. He stated that the additional tasks should be completed during the first portion of 2001, and any changes resulting from completion of the additional tasks will be incorporated into future LDC updates. Planning Manager Schlesener, continuing with the handout, explained that the statewide planning goals and the 2020 VS, which was updated four years ago, were the basis for the updated Comprehensive Plan, which was adopted by the Council during December 1998 and acknowledged by LCDC during June 1999. The LDC will implement the Comprehensive Plan policies. The LDC update process began during May 1999 with an open house to inform citizens of the update process and schedule. She reviewed the LDC update project activities timeframe. Between September 1999 and June 2000, there were approximately 35 TRG meetings, during which several drafts of the LDC were reviewed. Other activities included outreach meetings to stakeholders and development of case studies. She reviewed the actions requested of the Council and the activities of the Neighborhood and Commercial TRGs. Associate Planner Towne explained that six drafts of the LDC were submitted to the TRGs during the past two years. The Council is now reviewing its fourth draft. He noted that, overall, ten drafts of the LDC have been reviewed. Continuing with the handout, he reviewed the major policies of the Comprehensive Plan affecting commercial development. Continuing with the handout, Ms. Schlesener reviewed the key changes the Planning Commission made to Drafts B and C of the LDC and the key changes the Council made to Draft C. She again reviewed the actions requested of the Council. She stated that staff recommends approval of the LDC, subject to the findings contained in the staff report. Public Testimony in Support Keta Tom, 2650 NE Asbahr Avenue, stated that she and her husband own Fingerboard Extension. She read a prepared statement (see Attachment B) and asked that the draft LDC be left unchanged, especially the provisions affecting NW Ninth Street (Ninth). She cited differences between Office Max and Lehnert’s Office Supply in terms of product selection and availability. She stated that the 2020 VS promotes pedestrian accessibility. John Foster, 1205 NW Fernwood Circle, said he previously submitted written testimony. He stated that the LDC had been extensively discussed and opined that delaying implementation would not resolve any issues. He acknowledged that the benchmarks need more work but are currently good starting points. He said he reviewed the proposed changes affecting Ninth and envisioned possible means of complying with the proposed LDC changes. He implored the Council not to further weaken development potentials of Ninth. He referenced the increased size limit in Minor Neighborhood Centers (Minor NC). He stated that 5,000 square feet would accommodate a local branch bank, while 15,000 square feet would accommodate a November 20, 2000 Council Minutes Page 740 major bank that could not operate profitably in a Minor NC without input from outside the area. He believes the proposed change has opened the potential for businesses to enter Minor NCs that should not be in Minor NCs. Susan Christie, 360 NW Leprechaun Lane, stated that the Bicycle and Pedestrian Advisory Commission favors proceeding with development of pedestrian-oriented designs (POD). She said she reviewed the LDC and wants to see Corvallis continue to be a livable community. She encouraged the Council to proceed with the next step of the process. She was aware that in many communities several generations have grown up not knowing what is possible in terms of development options. She noted that Money magazine declared Portland, Oregon, to be one of the most livable cities because of its POD. She opined that adopting the new LDC provisions will not take the City toward some type of strange, unrecognizable, new world; she believes it will take the City toward more traditional development and a more conservative approach. She stated that the new LDC will be more effective if citizens, businesses, and the Chamber work together. She suggested that members of the Chamber read James Howard Kuntsler’s “Geography of Nowhere” and “Home from Nowhere.” Mayor Berg concurred that the City’s goal is a beautiful and prosperous community. Sheila Lyons, 635 SE Goodnight Avenue, stated that she was a member of “Getting There,” a local bicycle advocacy group. She encouraged the Council to adopt the updated LDC. She observed that the City has a wonderful bicycling environment, with approximately 15 percent of the citizens commuting by bicycles. She believes this level of bicycle use can continue growing, and the City can keep the pedestrian climate of the community alive and improving by adopting the updated LDC. She stated that the updated LDC will encourage the types of neighborhood centers that welcome people, not just automobiles. Corrine Gobeli, 1485 NW Emperor Drive, identified herself as Co-President of the Corvallis League of Women Voters and read a prepared statement (see Attachment C). Bob Frenkel, 1431 NW Vista Place, stated that he saw advertisements and flyers around town complaining about the proposed LDC update. He said he understands that the LDC flows from the 2020 VS (which, he acknowledged, many citizens worked hard to develop), to the Comprehensive Plan, and into the LDC. He opined that the Planning staff did an exemplary job. He observed that Corvallis has steered away from what he considers to be the ugly, dysfunctional model of Beaverton and the anonymous strip of Bend and has maintained a vibrant City core and a variety of neighborhoods with different densities and styles. He urged continuance of the City’s planning process and approval of Draft D. Doris Waring, 2911 NW 13th Place, stated that she moved to Corvallis during 1963. She read a prepared statement (see Attachment D). She opined that bicycling in Corvallis is possible, explaining that her husband, who works on the OSU campus, has never had an OSU parking permit and has bicycled over three miles to and from work every day. Jennifer Gervais, 705 SW Fifth Street, stated that she lives in the Avery-Helm Historic District. She read a prepared statement (see Attachment E). She expressed concern that the Chamber’s efforts to weaken the zoning restrictions and guidelines would have negative November 20, 2000 Council Minutes Page 741 impacts on the attempts to keep Corvallis a livable community with a vibrant and functioning Downtown area. She estimated that she conducts 95 percent of her errands by walking or bicycling. Dan Rosenberg, 705 SW Fifth Street, stated that he lives in the Avery-Helm Historic District. He expressed support for adoption of the LDC without significant revision. He considered the comments in the Chamber’s brochure to be ill-conceived and narrowly focused for a special-interest group. He urged the Council to promote livability of Corvallis for the citizens at large, and he opined that adoption of the LDC, as it is currently written, is a step in a positive direction. He asked that the views of Corvallis citizens be considered in planning for the community’s future, rather than the views of large corporate interests identified in the Chamber’s brochure. Mayor Berg observed that Corvallis residents often debate, but she does not believe that any individual or group in the community has the “upper hand” in expressing their opinion. Carolyn Verlinden, 644 SW Fifth Street, stated that she lives in a historic district. She read a prepared statement (see Attachment F). Bruce Hecht, 321 SW Second Street, stated that he represented the Board of Directors of the Corvallis Environmental Center (CEC). He read a prepared statement (see Attachment G) and quoted statements from the 2020 VS. He said the CEC supports adoption of the LDC. Charles Goodrich, 2340 SE Crystal Lake Drive, expressed his thanks to the Council and recognized the time invested in developing the LDC update. He thanked the citizens who invested their time in reaching this point in the procedure. He expressed support for the pedestrian and mixed-use commercial and residential development provisions of the LDC. He stated that he worked on the South Corvallis Refinement Plan (SCRP) and that everyone involved supported the POD for South Third Street (Third), the establishment of a neighborhood center, and improvement of automobile circulation and efficiency. He believes the LDC is friendly and conducive to good automobile circulation. He stated that the SCRP committee established provisions that would make Third a better place to shop; the LDC has not been adopted, and Third is becoming a strip development. He stated that the ideas presented through the SCRP were not derived from a text book. He concurred with Ms. Gobeli, stating that it seemed risky to let the work of many citizens be jeopardized late in the process. He said he just received notice of the North Corvallis Area Plan workshops and opined that the participants of those workshops need to know that their efforts will hold up over time. He urged the Council to adopt the LDC. Patricia Daniels, 242 NW Kings Boulevard, stated that she was a member of the Commercial TRG. She read a prepared statement (see Attachment H). She stressed the many opportunities for public input into the LDC review process. She emphasized that the LDC represents the implementation of the policies already set forth and approved in the Comprehensive Plan, which includes the desires of local citizens and the directives of the Federal and State governments. She urged the Council to consider how changes in the Mixed Use Community Shopping and Major Neighborhood Center (Major NC) provisions will impact the Downtown area. She requested that the POD standards be retained for commercial November 20, 2000 Council Minutes Page 742 zones. She stressed that the existence and use of automobiles cannot be ignored. She challenged information being circulated that claims the current LDC draft contains potential violations of the State Transportation Planning Rule (STPR). She stressed that the STPR is aimed toward reduction of vehicle miles traveled and was enacted during the early 1990s. She contended that the proposed LDC would help implement the STPR. Chick Gerke, 321 NW 12th Street, read a prepared statement (see Attachment I). Ruth Gallagher, 124 NW Seventh Street, Apt. 313, stated she lives in the Downtown area. She enjoys many aspects of the Downtown area but is concerned that there could be more business Downtown. She told the Council about her experiences in Exeter, England, and Palo Alto, California. She reported that downtown Palo Alto is so busy that its multi-story parking structure is now insufficient. She urged the Council to follow the 2020 VS. Mayor Berg recessed the meeting from 9:10 pm until 9:23 pm. Mayor Berg stated that, because this was the prescribed procedure for land use decision public hearings, the Council was accepting testimony in support of the LDC and would then accept testimony opposing the LDC. She observed that the Council could have accepted testimony on each issue in turn, but she observed that testimony given thus far had not followed that format; she speculated that it could be confusing to accept supporting and opposing testimony based upon issues. She noted that the Council had received testimony for one hour. She urged citizens still wishing to testify to state their concurrence with previously given testimony and adhere to the four-minute limit. Greg Bennett, 2514 SE Micah Place, opined that it was important that there had been a process to updating the LDC and that changes had not been “pulled out of a hat.” He characterized the process as democratic. He speculated that the LDC would not prevent corporations from entering the local business market, but it will require compliance with community standards and guidelines; no one will be excluded. Kent Daniels, 242 NW Kings Boulevard, referenced a memorandum distributed to the Council at the beginning of the meeting concerning parking standards. He expressed support for the LDC concerning the Downtown area. He concurred with statements by Mr. Foster and others concerning the footprint size increases for some of the commercial zones; he suggested that the Council and staff conduct another review of the issue before changing the footprint size stated in the LDC. He urged adoption of the LDC without delay. He noted that several years had been spent getting to this point. He expressed his view that the Chamber should have been more involved, if it wanted to have more input in the LDC update process. He said he was troubled by the Chamber’s recent statement that work done to date, including the 2020 VS, the revised Comprehensive Plan, and the updated LDC, was primarily the work of City planners and public officials. He said this statement was untrue, and he stated that a great deal of public input was incorporated into the documents. He opined that Corvallis does not have “new urbanism.” Citizen input supported POD standards, began discussions concerning how Ninth will appear in the future, and expressed a strong local desire to limit big box commercial development in the community and concentrate on locally or regionally owned businesses. He stated that revisions could be considered after the LDC is approved. November 20, 2000 Council Minutes Page 743 Kathy J. Phillips, P. O. Box 1465, stated that she met with her neighbors, who are concerned about property located north of the intersection of SW Philomath Boulevard and SW Technology Loop. She explained that she owns land near the intersection and submitted to the City a letter from herself, Mr. and Mrs. Mitchel, and Mr. and Mrs. Dawley. She said she supports some of the zoning changes and likes the idea of annexations being designated as Low Density Residential (RS-6). She stated that the property she referenced is part of a large area of Low Density Residential development. She requested an amendment of the Comprehensive Plan Map and an increase in zoning density to RS-6 for the referenced property. She read her letter (see Attachment J). She explained that the parcels in question are larger than one acre, and staff recommended increasing the zoning density. She requested that the record be held open for submission of additional testimony regarding her testimony and the properties adjoining the referenced property. She hopes to be able to abide by the new RS-6 standards. When development occurs, she hopes to avoid some of the problems that occurred on parcels to the west of the referenced site. John Deagen, 1135 NW Tenth Street, concurred with Ms. Christie, who suggested Mr. Kuntsler’s books. He opined that the proposed LDC embodies the goals contained in those books. He also concurred with Ms. Daniels’ comment concerning the land use transportation connection and that the provisions of the LDC address some of the concerns cited in the STPR. He opined that speed humps, traffic circles, and curb extensions are negative reactions to traffic problems; he speculated that following the provisions of the LDC would avoid the necessity for these traffic devices. He expressed support for the Council’s efforts. He reminded the Council and Planning staff that consumers are more multi- dimensional than merely being consumers. Jim Moorefield stated that he served as Chair of the SCRP. He received an e-mail message that prompted his attendance tonight; the message presented a rhetorical question from the Chamber, which he read. He observed that adoption of the LDC represented the long-time requests of Corvallis citizens. He noted that the Chamber received input concerning citizen involvement in the LDC update process, and he commented concerning the hours invested in the Comprehensive Plan revision. He opined that the Chamber “forgot” about the many citizens who contributed input during the eight years the Comprehensive Plan was being updated. He stated that the West Corvallis Plan (WCP) dates to 1992, with a 1996 report suggesting adoption of the land use regulatory mechanisms needed to achieve the vision for West Corvallis. During the four-year period, public meetings, open houses, and workshops were held with 200 to 500 in attendance at each occasion. The SCRP involved a committee of 17 people who conducted meetings, workshops, and open houses attended by 75 to 150 people each. He noted the suggestions to “go slow and wait.” He stated that the Council promised to complete the review and update of the LDC. The update efforts covered a period of several years. He noted that the Council and City will experience a change of leadership in the very near future. He opined that the current Council knows the Comprehensive Plan and LDC very well and is best suited to make a decision concerning adoption of the LDC. Melissa Hartley, NW Pendleton Place, expressed support for the LDC plan, especially the provisions regarding Third and Ninth. She stated that she avoids Third and Ninth because she considers them to be unpleasant. She believes the businesses in these areas would benefit from additional customers if they improved the appearance of the properties. She opined that November 20, 2000 Council Minutes Page 744 the standards should be applied to existing businesses. She believes that adoption of the proposed LDC standards would improve property values, explaining that, from her perspective, property values are diminished when big box stores or businesses with large parking lots are developed. Robert Kennedy, 5370 SW Whitby Avenue, stated that he really enjoys living in Corvallis. He thanked the people who invested time in the LDC update process and attended tonight’s public hearing, which represents the citizen-involvement aspect of Corvallis. He opined that the LDC articulates the visions people have for Corvallis. He urged the Council to adopt the LDC. Ed Epley, 3053 NW Harrison Boulevard, encouraged the Council to approve the LDC without modification. He stated that he is a small business owner dealing primarily in rental housing. He does not see any problems with the LDC that cannot be accommodated, especially regarding his business interests. He would like to see access for students, such as opportunity for short bicycle trips to small residential stores and emphasis on bicycle and alternative transportation. He noted that students like to live in newly constructed residences, but tend to move back toward OSU because of commuting issues. He said he is very happy with the proposed LDC. Jerry Davis, 3328 SW Long Avenue, concurred with Mr. Moorefield and other citizens who testified tonight. He noted that the long review process began in the 1990s with the WCP. He believes the citizens involved in the review process should be applauded, along with elected officials and staff. He commented that the LDC is well written and contains good policy statements and design elements concerning the desires of the community’s citizens. He opined that the community should stop encroaching on resource lands and natural areas. He stated that he invested in a building in the Downtown area for mixed-use applications. He urged adoption of the LDC in its current form. John Evans, 528 NW Eighth Street, concurred with statements previously made. He referenced recent articles in Money Magazine, The Wall Street Journal, The American Enterprise, Time, Newsweek, and The Business Journal which support the type of LDC provisions proposed by Corvallis to promote livability and encourage cleaner environments and better business opportunities. He observed that Money may have chosen Portland as one of the most livable communities because of its unique characteristics, but he noted that Portland “went a long way” to avoid big box strip developments. He acknowledged that the LDC may deter some of the standard chain developments, but he opined that such results may not be bad. He speculated that, in some cases, big box stores will adjust their plans to meet local standards, but he does not believe that communities should adjust their standards to accommodate big box stores. Sally Utt, 1765 NW Menlo Drive, stated that she is a pedestrian by necessity and finds Corvallis to be a very livable community. She walks and rides the buses wherever she needs to go. She supports any actions which will increase livability in the community. Christina Calkins, 505 SW Third Street, stated that she is a property owner on Third. She said the Chamber advertised for citizens to speak in opposition to the proposed LDC. She November 20, 2000 Council Minutes Page 745 supports pedestrian-friendly development in Corvallis and small business owners. She expressed support of the LDC in its current form. Terry Gerding, 727 SW Tenth Street, referenced map 3A in the LDC. He proposed changing, from mixed use to High Density Residential (RS-20), the Comprehensive Plan Map designation for a specific lot shown on the map. He stated that he would like his property re- zoned to RS-20. He explained that the developer of the adjacent property would like the property line adjusted, which would be more difficult if the properties had different zone designations. In response to Councilor Howell’s inquiry, Mr. Gerding confirmed that he owns the three lots between his lot and SW Western Boulevard. He explained that his lot is 7,200 square feet in size, and he believes it is appropriate to re-zone the lot now. Testimony in Opposition Randy Jones stated that, in 1980, Wayne Buck was unable to purchase property in the City for an automobile dealership because of zoning requirements. The zoning has changed, and Kmart is now located on the site Mr. Buck had desired. In 1990, when Mr. Jones purchased Mr. Buck’s business, customers of the dealership claimed that the location on Oregon Highway 34 (Hwy 34) near SW Riverside Drive was too far away, and it was too dangerous to drive on Hwy 34. In 1994, Mr. Jones bought the former Roth’s IGA Foodliner store on Ninth and met all the zoning requirements to develop an automobile dealership. Since then, his business has flourished. He stressed that his dealership is a family enterprise. He said he shares the desires of others for pedestrian, bicyclist, and mass transit accessibility. He characterized Ninth as being very diverse and doing well. He supports maintaining the vitality and viability of the Downtown area and applauds and commends the Comprehensive Plan. He noted that the 2020 VS stated that the community wanted a viable Downtown, but no mention was made of other areas of the community. He believes that Ninth plays an integral part of the economic vitality of Corvallis. He believes that re-zoning is intended to reduce automobile traffic and develop a more pedestrian-friendly community by promoting mass transportation, bicycling, and walking. He opined that the size, use, expansion, and parking limitations proposed for the LDC are wrong. He noted that Ninth has parking availability. He asked the Council to work with the businesses on Ninth. He observed that Ninth serves as a major corridor for North/South traffic in Corvallis. Patricia Mulder noted that much had been said about the length of the LDC review process, along with complaints that some people entered the process late with requested corrections. She stated that these allegations are untrue, noting that the Chamber was present throughout the process and represented businesses. She stated that many of the early changes to the LDC came from businesses. She said the concerns expressed two to three years ago were expressed consistently. She said the Chamber is concerned about the unintended consequences of the LDC, citing: 1. Increased housing costs, which will create greater difficulty for low- and middle- income families attempting to purchase and rent housing. 2. Increased housing costs will increase the percentage of people working in Corvallis and living elsewhere. November 20, 2000 Council Minutes Page 746 3. An increase in the number of people commuting to Corvallis for work will increase automobile traffic and air pollution. 4. Increased housing prices will mitigate against families with younger children and exacerbate the problems Corvallis School District 509J is experiencing in filling its classrooms. 5. The commercial segments of the LDC will make it more difficult for businesses to expand or renovate, including locally owned businesses, despite the 2020 VS stating that those businesses are encouraged. 6. Some of the commercial segments of the LDC will virtually ensure that some of the proposed Major NCs will not occur. 7. It has been difficult to attract a grocery store to South Corvallis because of design provisions that are difficult for big box and chain stores to accommodate. 8. As more commercial activities are pushed to other communities, the Downtown area will be weakened because people want to perform multiple errands in one trip; this will increase total vehicle miles. Ms. Mulder stated that, during the past month, the Chamber experienced an increase in calls from people wanting to shop in Corvallis but, instead, driving to Salem, Eugene, or Portland. She noted that the Council and the Planning Commission want concrete examples of how the Chamber would like the LDC improved. She stated that most of the people in the business community are not City planners, so the Chamber invited Wally Hobson, Bev Bookin, and Bill Kloos to present the Chamber’s perspective and give examples of how the LDC can be improved. Wally Hobson identified himself as a real estate economist with 25 years’ consulting experience in the Northwest. He opined that the LDC provisions are based upon new urbanism, which is designed to improve the appearances of retail businesses, reduce automobile traffic, and eliminate or provide alternatives to big box retail. He acknowledged that the LDC contained good, legitimate goals. He stated that new urbanism has a place and is a legitimate form of development which will become more important in the future. He explained that new urbanism requires adjacent high density housing and is typically most successful in highly urbanized areas. He stated that new urbanism is not intended to be appropriate in every location of a community. A grocery store typically needs 4,000 to 5,000 households to be economically viable. Many cities are trying to exclude big box stores, but such stores are increasing in quantity. He observed that consumers will drive long distances to get to big box stores. He opined that forcing new urbanism and POD where pedestrians are not present and population densities are inadequate to create pedestrian traffic serves no purpose. He continued, stating that developers will not develop under such conditions, retailers will not rent the space, and consumers cannot be forced from their automobiles, particularly for shopping trips which require transporting merchandise from the store to the home. Beverly Bookin stated that she analyzed Draft C of the LDC. She reviewed her analysis conclusion. She opined that the LDC is somewhat hostile to commercial development and will displace legitimate, local, commercial demand. She explained that the LDC essentially outlaws larger automobile-oriented retail uses from within the City limits without taking responsibility for the resulting negative impacts. She believes the LDC indiscriminately November 20, 2000 Council Minutes Page 747 imposes POD requirements. She said the LDC institutionalizes what she considers to be unrealistic modal split objectives through unreasonably tight parking maximums. She explained that a 35% modal split is not realistic in a community the size of Corvallis and will not be successful. She said there are many valuable aspects of the LDC, but they seem to be somewhat broadly and indiscriminately imposed. She noted that the Portland parking ratios are larger in all but the most densely developed areas. She submitted the following recommendations: 1. Reduce the number of commercial zoning districts to a more manageable number. 2. Create a clear progression of commercial zones, from least to most intense. 3. Apply POD standards in less-intense zones near residential areas, the university district, Downtown, and transit corridors where the mix of uses provides meaningful opportunities for alternative modes but considers significantly less restrictive design and development standards in at least one or more intense commercial zone that would also allow more automobile-intensive uses. 4. Reduce the discretionary land use review, plan compatibility, conditional development, and master plan in commercial zones, relying, instead, on clear and objective design and development standards that are appropriate for the intensity and range of uses allowed. 5. Review the maximum parking ratios with the goal of creating an on-site parking pool for each use that is adequate but not excessive. Councilor Barlow-Pieterick observed that Ms. Bookin’s comments suggest analysis of the City’s Transportation Master Plan. He opined that Ms. Bookin seemed to be confused over the intent of the LDC. He inquired whether Ms. Bookin had talked with staff or the City’s consultant concerning the intent of the LDC. Ms. Bookin responded that she reviewed all of the supplementary information that accompanied Draft C. She said she had not seen Draft D. She clarified that the LDC has the impact of outlawing developments by establishing a maximum square footage requirement. Councilor Barlow-Pieterick countered that Ms. Bookin was using strong terms. He explained that the LDC is intended to set a level for development review but not to outlaw specific types of development. He inquired whether Ms. Bookin had reviewed the City’s transit route map. Ms. Bookin responded that she had. She said it was important to build alternative modes and land uses that support and facilitate people who use them. She characterized the situation as an issue of balance and considering modal splits that are reasonably achievable in the community as a whole and in specific locations. She urged the Council to review site-specific considerations more closely and have a greater range of options. Mayor Berg summarized Ms. Bookin’s recommendations that the Council must consider size limitations, adequate parking, and development costs. Councilor Howell stated that the Downtown area has a 27 percent modal split. He referenced Ms. Bookin’s statement that many commercial areas do not have access to transit, and he was attempting to determine which areas those might be. Ms. Bookin clarified that there are areas without large residential neighborhoods, so there are fewer pedestrians. She stated that the Council must review the commercial areas and reasonably achievable modal splits, along with November 20, 2000 Council Minutes Page 748 design standards. She noted that many types of commercial purchases do not lend themselves to alternative transportation modes, and many people shop while en route to other activities. Bill Kloos stated that he reviewed Draft C of the LDC in detail and identified what he considered to be hard-core legal problems. He summarized his findings in a table. He stated that the gist of his work focused on the actual standards that will be used to evaluate the LDC. He explained that the LDC is the bottom level of the land use planning pyramid, which is topped, in sequence, by the Comprehensive Plan, LCDC rules, LCDC goals, and statutes. He said the LDC rules anticipate that the periodic review should be based upon an economic opportunities analysis, which, he noted, Corvallis had not completed. He opined that issues Corvallis does not like are being pushed to other communities. He said the basic commercial uses are discretionary with decision makers, so he doubts that the LDC will be in compliance with State Planning Goal 10. Within the proposed LDC, the Council has what he considers a pervasive failure to adopt clear and objective standards for housing projects, which are required by State statutes, State Planning Goal 10, and the Goal 10 Rule. He stated that staff “stripped” some of the discretionary overlays from vacant residential lands, and he noted that the same requirement applies to developed and partially developed residential zones. Councilor Howell explained that some discretionary reviews are requested by property owners who want more flexibility than the clear and objective standards allow. He inquired whether the City should remove that provision and only allow objective standards that have no flexibility. Mr. Kloos responded that planned development overlays requested by property owners are fine. The statute requires that all standards the City adopts for needed housing must be clear and objective, along with the review processes and the conditions imposed. However, the City may adopt standards that are not clear and objective, provided that alternate tracks are offered to any land owner. He noted that Corvallis does not have two tracks. He stated that Eugene is at the same point in its land use update but now has two tracks for the five approaches to developing houses. He explained that Eugene complies with the statute by having a clear and objective track and offering developers options. He said Corvallis has one discretionary track for housing. Gary Sawyer identified himself as president of the Chamber. He thanked the Council for its work on the LDC and the Comprehensive Plan. He stated that the Chamber’s well- orchestrated discussion of the LDC is in the best interest of democracy. He said it was unfair to criticize any organization for exercising its democratic rights. He explained that the Chamber had been involved in the update process for a long time. He said the Chamber membership supports the City’s 2020 VS and the Comprehensive Plan but believes there are other solutions. He opined that another perspective presents additional questions, and he does not believe that the Council has considered enough perspectives. He encouraged the Council to delay adoption of the LDC and obtain input from additional perspectives. He said the consequences of the proposed LDC are unknown, and he opined that the Council should listen to the concerns of the local business owners. He asked that the Council stop criticizing corporations in general, complete the tasks assigned by LCDC, and establish a baseline of facts. He believes the proposed LDC is contrary to retail and consumer demands. He acknowledged that consumers like big box stores. If consumers do not have places to shop locally, they will go elsewhere. Some provisions of the LDC will prevent realization of the Comprehensive Plan and the 2020 VS. He said the Chamber opposed Measure 7. He noted November 20, 2000 Council Minutes Page 749 that other jurisdictions have postponed implementation of LDC provisions until the effects of Measure 7 are known. He urged the Council to wait until more is known about the consequences of Measure 7. He opined that reducing the LDC to a discussion of local ownership versus big box stores over-simplifies the issue and polarizes the parties involved. He noted that the LDC affects all businesses. The majority of the businesses represented at tonight’s public hearing and in the Chamber’s membership roster are locally owned and operated. The nationally owned chain stores are significant contributors to the economy. He believes that government should fairly establish rules but not favor one type or size of business over another. He again urged the Council to postpone changing the LDC and, instead, to work through the issues of contention. In response to Mayor Berg’s inquiry, Mr. Sawyer explained that grocery store developers who looked at property in South Corvallis determined that they could not develop a grocery store under the proposed zoning designations. He explained that grocery stores need back doors for loading and unloading freight. Julie Manning stated that she served as chair of the 2020 VS committee. She concurred with statements made about the many people who invested time in the LDC review process. She read a prepared statement (see Attachment K). She urged the Council to consider the comments made by many citizens. It was moved and seconded to continue the meeting until 11:30 pm. Councilor Peters inquired whether the Council could complete accepting testimony by 11:30 pm. He explained that he would like to continue the meeting if testimony could be completed by 11:30 pm; however, if it was expected that testimony would not be completed until 12:30 am, he would rather continue the meeting at a later date. Mayor Berg surveyed the audience to determine how many citizens desired to speak to the Council. The motion passed five to three, with Councilors Tomlinson, Grosch, and Peters opposing. Rob Specter identified himself as Vice President for Finance and Administration at OSU and introduced Dean Ron Adams of OSU’s College of Engineering. He stated that OSU had enjoyed a good working relationship with the City as the OSU campus developed. He acknowledged that OSU was not an active participant in the public work sessions regarding the LDC update, but OSU representatives conversed with staff concerning the impacts of the proposed changes in the LDC. He expressed concern about how the LDC will impact OSU. He said there was considerable confusion regarding nine LDC provisions and how they will affect OSU. He said OSU has grown over the years. This year OSU has a significantly greater enrollment and scholarly activity, creating more demand on the surrounding community. He is hopeful that the LDC will not directly inhibit OSU’s ability to provide access to qualified Oregonians seeking higher education services. He said OSU representatives are worried that some of the LDC provisions relating to OSU may create hardships for faculty, staff, and students and those OSU seeks to attract, specifically citing the higher cost of living and perceived lack of available shopping. Ron Adams stated that OSU is on its way toward being one of the top 25 colleges of engineering in the nation. This high ranking will attract more top-level faculty and students. He expects that there will be a tendency for engineering-related research operations to locate near the university, which would be advantageous. November 20, 2000 Council Minutes Page 750 Mr. Specter stated that he does not know what the proposed LDC will mean in terms of OSU’s operating costs. He observed that there had been a great deal of focus on residential and commercial aspects of the LDC, but little emphasis on university-related aspects. He requested that the Council consider addressing unfunded mandates that are placed upon OSU, as an extension of the State. He said OSU intends to continue its solid working relationship with the City. He suggested that the Council, City staff, and OSU representatives work together to resolve issues of concern. Councilor Howell encouraged Mr. Specter and Mr. Adams to meet with staff to discuss the implications of the LDC provisions. Eric Blackledge, 233 SW Second Street, reviewed his involvement in City planning efforts over the past several years. He reviewed a prepared statement (see Attachment L). He believes that the LDC does not adequately accommodate growth. He opined that only one percent of the City’s population was involved in the LDC update process. He observed that most of the features mandated in the proposed LDC are voluntary options under the current land use planning goals and guidelines of the current LDC. He speculated that the people who proposed revisions to the LDC actually want to stop growth of the community. He believes residents should choose their shopping options, rather than the Council. He opined that a minimum height requirement of three stories along First Street is impractical. Ron Theis stated that he attended five meetings concerning the LDC update. His best friend served on the Commercial TRG, so he stayed current with the process for two years. At each meeting he attended, he observed that more potential issues and problems were raised, which prompts him to proceed cautiously. He is trying to play by the rules, he believes the rules are being changed, and he feels this is “unfair.” Carol Harmon, 3985 NW Highland Drive, stated that she owns two buildings on Ninth, which she identified. She read a prepared statement (see Attachment M). She stated that placing grocery and furniture stores close to sidewalks would create problems with loading and unloading procedures and would place customer parking a long distance from the back door of the business, while the entrance is at the front of the building. Councilor Barlow-Pieterick inquired whether a difference would be made if it was not required to place parking behind the building. Ms. Harmon responded that lack of the proposed parking requirement would make the developments as they are now. She stated that Ninth is a fully developed commercial strip. She speculated that existing buildings which are set back from Ninth and newer buildings which would be constructed along the sidewalk will create an unsatisfactory commercial development, with businesses in older buildings suffering a loss of visibility from automobile traffic. Councilor Wogaman stated that he felt a moral obligation to continue the meeting for another 30 minutes to allow all citizens present opportunity to speak to the Council. He suggested that the Council take a break and moved to then extend the meeting to 12:00 midnight; the motion was seconded and passed five to three, with Councilors Tomlinson, Grosch, and Peters opposing. Mayor Berg recessed the meeting from 11:24 pm until 11:35 pm. November 20, 2000 Council Minutes Page 751 Carol Lee Woodstock identified herself as chair of the Chamber’s Business Advocacy Committee. She said she had heard about the LDC emanating from the 2020 VS, followed by the Comprehensive Plan. She expressed appreciation for the many people involved in the LDC review process. She commented that some people said concerns were expressed but not addressed. She expressed concern that some of the case studies were based upon faulty assumptions, but the challenges were brushed aside with the response that it was okay because the faulty assumptions were applied consistently. She stated that the Chamber was not advocating big box stores or large corporations. As owner of a local enterprise, she competes with large corporations daily. She stated that many of the businesses affected by the footprint increases in the LDC were small, locally owned businesses that needed to grow. She stressed that Chamber members were not last-minute attendees at LDC review meetings. She believes that the Chamber’s views have been expressed. She said the Chamber is not finding in the LDC alternative modes of transportation. As much as she would like Third to be different, she does not believe it is an appropriate place to force POD, despite efforts to do so. She said it may be more appropriate to place PODs in new developments, speculating that successful PODs will be copied. She opined that it was unfair to change the rules on business owners mid-game. Based upon the concerns expressed tonight, the studies not conducted, and the unknown impacts of Measure 7, she believes it would be prudent to postpone implementation of the proposed LDC. She referenced comments that LDC problems and inconsistencies can be corrected later and suggested that it would be better to correct the problems and inconsistencies now. She inquired what harm would come from delaying approval of the LDC. She does not believe that the City will experience a rush of big box stores wanting to develop before implementation of the LDC. She expressed concern about the time frame to fully explore the issues presented and to enact the LDC. In response to Councilor Howell’s request, she stated that she would forward to staff the LDC inconsistencies she has heard reported. Councilor Barlow-Pieterick expressed his appreciation for Ms. Woodstock’s desire for an answer. He explained that the Council must determine whether the issues presented were worthy of reconsideration. He opined that asking one person to answer the question was inappropriate. Councilor Wogaman stated that any substantive response would require time for the Council to deliberate the issue. He commented that there was not sufficient time tonight for such a discussion, but deliberations will be held at a later date. Sue Napier, 1306 NW 17th Street, stated that she represented a business on Ninth and had been a Corvallis resident since 1972. She said she was told by staff that, if her building on Ninth burned and she did not re-build on the previous building footprint, under the proposed LDC she would be required to build adjacent to the sidewalk with parking behind the building. She learned about the potential LDC change in July and attended 30 to 40 hours of LDC review meetings. She said she spoke with someone who attended the September 6th Planning Commission work session and left the meeting believing that the commercial decisions represented in the LDC should be re-addressed. She does not want to alienate her bicycle and pedestrian customers, but she noted that these customers are unable to purchase large products. She does not believe that a POD is appropriate for Ninth because of its linear November 20, 2000 Council Minutes Page 752 distance and the inclement weather inherent to Corvallis. She stated that Downtown and Ninth complement each other. She expressed concern that some of the proposed LDC changes might jeopardize some of the small businesses. She speculated that a median down the center of Ninth would end a great deal of business activity. She expressed concern about the proposed grandfathering provisions of the LDC. Councilor Wogaman stated that he would like to end the public testimony portion of the public hearing tonight. It was moved and seconded to extend the meeting to 12:30 am; the motion passed five to three, with Councilors Tomlinson, Grosch, and Peters opposing. Tom Gerding stated that he represented Ramsey/Gerding Construction. Overall, he agrees with many of the people who support the LDC, if all the concerns presented could be resolved. As a developer of commercial property and a general contractor, he is concerned what would happen if the proposed LDC fails and who will finance the City’s vision. He said it seems there is a perception that there is always money available to lend, but this is a fallacy. He explained that lenders consider complex developments to be high-risk loans and require more up-front funding. From the developer’s standpoint, the issue involves a return on investment. He stated that mixed-use developments are difficult to finance, but adding other development- related issues increases the financing difficulty. He remarked that Ramsey/Gerding has 40 local families represented on its payroll, all of whom rely on the local economy. Lu Ratzlaff, 3871 NW Jameson Drive, stated that he came to Corvallis during 1958, and his father served on the Council. He worked at Pumelite Building Materials and later purchased Schaefers’ Recreation, which had two employees; his business now has 11 employees. He purchased a building on Ninth south of his previous location but did not receive notice about the pending LDC update. He stated that businesses along Ninth should have been notified about the pending LDC update. He explained that his business involves loading and unloading stoves, hot tubs, and chemicals behind the store. He does not want customers behind the store and the associated liability. If Ninth is changed so drastically that consumers do not want to drive along the street, they will go elsewhere. He said it hurts when people say they do not shop Ninth. He stated that he asked about the development rules before purchasing the building but was not told about the pending LDC update. Councilor Howell inquired how Mr. Ratzlaff’s building could be expanded under the current LDC. Mr. Ratzlaff responded that his bookkeeping facility could be placed on the second floor, if the structure could support a second floor. He explained that his business has four cargo containers, which he would like to remove from the property; in the meantime, the containers provide safe storage of spa chemicals. He would like to have a more decorative building and a covered loading area. To make major changes, the LDC provisions must be flexible. Tom Grigsby, P. O. Box E, stated that, during the past three or four years, he attended many meetings concerning the LDC update. He asked the Council to consider delaying approving and implementing the LDC. He said it seems there are still issues needing resolution. He requested a delay because of concern about the implications and impacts of Measure 7 relating to the LDC. He urged the Council to proceed with deliberations, solicit input from outgoing Councilors, and continue accepting input from outgoing Councilors after the new Council is November 20, 2000 Council Minutes Page 753 seated. He expects that LCDC will not consider the City’s LDC until the impacts of Measure 7 are known. Neutral Testimony Terry Lavlin stated that he was a 28-year resident of the area and served on the Benton County Planning Commission. He noted the many testimonies this evening concerning the length of the LDC update process and the objectors who had earlier opportunities to present their contributions. He said the claims about the process are false because the process is not yet completed. He opined that the process is on-going, so every argument should be considered on its merit, regardless when it is presented. He stressed that, despite the time invested by any individual, the Council must make a decision that it believes is right; and the momentum of the decision-making process should not impact the Council’s final analysis. He noted that much of the argument may be moot, as on-line shopping may destroy all commercial business. Marvin Gloege stated that he represented the Benton County Historical Society (BCHS), which has carefully reviewed the impact of the riverfront zone on the prospective museum location on SW First Street between SW Washington and SW Adams Avenues. The BCHS has concerns about the literal interpretation of the zone, as it relates to the planned museum. He explained that it would be difficult to develop the museum if the riverfront zone requirements are literally applied. In addressing these concerns, the BCHS proposed language that would place large-scale cultural and civic facilities, such as a museum, in a planned development category and provide a basis for the BCHS to acquire variances from the various requirements of the zone as part of the planned development process. Councilor Wogaman reported that he was elected President of the BCHS November 16th, so he will not participate in Council discussions specifically regarding the proposed BCHS museum. Request for Continuance - None. Request to Hold Record Open Mayor Berg noted that Ms. Phillips requested that the record remain open for submittal of additional testimony. It was moved, seconded, and unanimously passed to hold open the record until Monday, November 27th, at 5:00 pm. Mayor Berg asked that Councilors submit to Mr. Nelson their questions of staff concerning this public hearing. Mayor Berg closed the public hearing. X. NEW BUSINESS XI. ADJOURNMENT November 20, 2000 Council Minutes Page 754 The meeting was adjourned at 12:20 am. APPROVED: MAYOR ATTEST: CITY RECORDER November 29, 2000 Council Minutes Page 757 CITY OF CORVALLIS COUNCIL ACTION MINUTES November 29, 2000 A special meeting of the City Council of the City of Corvallis, Oregon, was called to order at 5:37 pm on November 29, 2000, in the Downtown Fire Station, 400 NW Harrison, Corvallis, Oregon, with Mayor Berg presiding. PLEDGE OF ALLEGIANCE I. ROLL CALL PRESENT: Mayor Berg, Councilors Wogaman, Beilstein, Griffiths, Tomlinson, Barlow-Pieterick (7:05), Grosch, Howell, Peters (6:56), Schmidt Mayor Berg announced that business cards are being ordered for Councilors-elect and will be re-printed for all Councilors to correct the e-mail addresses. She asked that Councilors notify City Recorder Mariner if they need more note pads printed. Mayor Berg announced that Senator Gordon Smith will be at the Corvallis-Benton County Public Library Saturday, December 2nd, at 9:30 am to present to the City a check for funding the purchase of land for construction of the Corvallis transit and operations maintenance facility. She noted that the City has not had such a facility in the past, and this will be a great addition. She stated that Senator Smith and his staff were very instrumental in obtaining funding for the project. She said everyone is invited to the event. Mayor Berg reviewed the business before the Council this evening. Mayor Berg directed Councilors’ attention to items at their places, including a memorandum from Community Development Director Gibb concerning suggested changes to Draft D of the Land Development Code (LDC), a diagram of roadway cuts, and a letter from attorney Bill Kloos. II. UNFINISHED BUSINESS A. An ordinance relating to Ballot Measure #7 requiring compensation for “takings” City Manager Nelson stated that, at the November 20th Council meeting, it was announced that a draft ordinance concerning statewide Measure 7 would be presented tonight. Since the November 20th meeting, staff from Finance and Community Development Departments, and the City Attorney’s and the City Manager’s Offices worked on several drafts of an ordinance implementing Measure 7. Each departmental group of the draft team contacted their counterparts in other communities concerning the best language to include in the ordinance. He stressed the importance of having legislation in place by December 7th concerning claim applications and processing, as Measure 7 becomes effective December 8th. He said staff recommends the ordinance, which best reflects keeping open all options available to the Council, as more is known about the implications of Measure 7. November 29, 2000 Council Minutes Page 770 11th and a second reading December 18th. She observed that this would allow more time for the public to respond to the proposed ordinance. If the Council’s comments are submitted by December 4th for sharing with staff, staff’s feedback could be presented December 11th, with a second reading of the ordinance December 18th. Mayor Berg inquired what might happen between December 8th and 18th, if a claim was filed. Mr. Fewel responded that, if the ordinance is adopted, anyone filing a claim must follow the application requirements in the ordinance. He expressed doubt that any citizen might have anticipated the requirements, and he expects that it would take some time for a citizen wanting to file a claim to comply with the application requirements. Mayor Berg inquired whether there would be a problem, from the City’s perspective, if the Council passed the second portion of the ordinance after someone filed a claim. Mr. Fewel responded that the potential for legal problems would depend upon the legislation passed by the Council. If the adopted ordinance provides a process for the removal of the regulation, the City could remove or waive the regulation to avoid compensation. Councilor Howell inquired whether there were elements removed tonight that would be critical to having a “bridge.” He asked if additional language was significant to include until a new ordinance could be implemented. He said he would like input concerning this issue December 4th, so the Council could consider including appropriate language in the ordinance. B. Deliberations regarding revisions to the Land Development Code (LDT00-00002, CPA00- 00007, ZDC00-00009) Mayor Berg stated that the Council received a memorandum from Mr. Nelson concerning this evening’s discussion of the LDC. She noted that several Councilors contacted staff with questions, which will be addressed tonight. She stated that the Council was asked to deliberate this evening concerning the testimony it received November 20th. Continued deliberations concerning the LDC could occur December 4th, with action concerning findings December 11th, and a second reading of the ordinance, if necessary, December 18th. She inquired whether the Council agreed with the proposed schedule to adopt the revised LDC. Councilor Peters opined that the Council should continue to follow the proposed schedule. He noted that adoption of the revised LDC was a Council goal. He believes there are good reasons to follow the schedule and expects there will always be discussion and controversy in the community. He noted that there had been an extensive public process to review the proposed updates, including work sessions and public hearings. He said he was comfortable proceeding and adhering to the schedule. Councilor Wogaman concurred that the Council should continue with its goal. He opined that, if hearings are to have any meaning, the Council should be open to seriously consider any good ideas presented. He said he was open to further discussion on two or three issues that were presented during the public hearing. He does not favor deferring adoption of the revised LDC to the next Council. He opined that the Council should try to follow the schedule, while considering the input received during the public hearing. November 29, 2000 Council Minutes Page 771 Councilor Griffiths stated that she talked with Councilor Tomlinson concerning the issue of delay and the comments that the Council should delay adoption of the revised LDC because the LCDC probably would not review it until more is known about the implications of Measure 7. She inquired whether staff had heard if LCDC would delay reviewing the LDC. Community Development Director Gibb reported that LCDC is conducting an initial review of the LDC. LCDC’s representative reported that the agency will proceed along its normal course of reviewing the LDC. Mr. Nelson added that the volatility of discussions concerning Measure 7 can cause serious reconsideration of whether staff and the Council should proceed. He reported that staff believes the review should be conducted based upon what the Council wants to accomplish during its term, rather than waiting for news from a State agency. Mayor Berg referenced the lengthy public hearing November 20th and the extensive amount of public input received. She stated that staff would respond to issues presented during the public hearing and that the Council indicated it wanted addressed. She said the Council should try to reach a resolution concerning what it would like to see presented in a draft December 4th. If a resolution is not possible, staff will present a draft, which the Council would address through amendments. Mr. Gibb clarified that staff would make further revisions to Draft D of the LDC, based upon the Council’s consensus decisions tonight, rather than presenting a new draft. He reported that staff and the City Attorney’s Office reviewed the input from citizens and the Council. He explained that the proposed changes were categorized as those recommended by staff and related to portions of the Code that have been under review for the past one and one-half years and those that could be implemented now or later. He briefly reviewed a handout prepared by staff (see Attachment A). Planning Manager Schlesener, using the handout, reviewed staff’s recommended changes, noting that all of the changes were discussed with the City Attorney’s Office. Regarding Section 1.4.50.02, all zone names were removed, so the provision applies to all zones for existing legally conforming uses. Councilor Howell observed that the language did not refer to the LDC becoming effective, but it applies to re-zoning of a subject property. He inquired about the intent of the wording revision. Ms. Schlesener responded that an effective date could be inserted. Councilor Beilstein stated that maintaining the status of conforming uses for one year was objected to by citizens who believed that one year was not sufficient. Ms. Schlesener stated that the proposed language is considered standard and is used in most jurisdictional codes. The time period is stated as one year in the current LDC. Councilor Beilstein said he was not suggesting a change, but he wanted to note that citizens had objected to the time restriction. Councilor Griffiths opined that one year was appropriate under the current LDC, but she said she would like the time period longer, for the reasons cited by Councilor Beilstein, to provide more flexibility. She said she had considered 18 months, but she would agree to one year, if the Council deemed that appropriate. November 29, 2000 Council Minutes Page 772 Councilor Howell stated that the LDC provision was structured to assume that changes in allowed use were done thoughtfully and in a manner that helped evolving areas become more compatible with their surroundings or provide different services in a different way. He opined that the LDC had become more flexible in terms of non-conforming uses, compared with past LDCs. He said he had not heard complaints from existing non-conforming users that the time period stated in the current LDC was considered unreasonable. He opined that extending the time period delays the area’s transition to a more compatible use. Ms. Schlesener stated that the language revisions proposed for Section 2.4.30.01.f.5 would be applied to Section 4.0.60.a.1. Referencing proposed revisions to Section 2.4.30.01.f.5, Councilor Peters observed that the revision creates a clear and objective standard. He said it is still vague what effect the traffic impact study would have. He noted that there had been complaints about some traffic impact studies being more detailed than others. He speculated that the provision could leave open the possibility of a developer submitting a very small traffic study. He inquired whether it was possible to include specific requirements while maintaining a clear and objective standard. Engineering Supervisor Gescher responded that staff would review the traffic impact studies. Applicants typically discuss with staff their perceived pertinent issues, and the scope of the study is then defined. He does not expect that the proposed provision would impact the interaction between developers and staff, nor does he foresee the provision interfering with an effective traffic impact study. Councilor Peters inquired whether staff or the Council had the authority to recommend or deny a development, based upon the unknown impacts of a traffic study. Mr. Gescher responded that the Council can deny a project, if it is believed that the traffic impact study is incomplete. Ms. Schlesener added that the City was in a difficult predicament of trying to have a clear and objective standard because State laws require clear and objective standards for residential developments. Staff is trying to ensure that all aspects of the LDC that could pertain to residential developments are clear and objective. The best solution would involve including in Chapter 4.0 a requirement that the development shall not impact surrounding road networks to result in a Level of Service D or below. Alternatively, the requirement could be included in the Subdivision Chapter. She explained that Mr. Gescher could then review a traffic impact study and determine whether the study was complete. Mayor Berg summarized that the amendment involved replacing “if required by the City Engineer” with “prepared by a licensed transportation engineer.” She noted that the Planning Commission and the Council would retain the authority to determine whether the study was adequate. Councilor Peters opined that any language concerning national standards for traffic engineers or traffic impact studies should be included in the LDC. Ms. Schlesener responded that staff tried this suggestion but was unable to reach a solution that satisfied this concern. She noted that Chapter 4.0 contains criteria for public and private streets, which she quoted; she opined that this language was sufficient. Councilor Howell inquired whether the word “considered” is discretionary or if the wording should be changed to “required.” Ms. Schlesener responded that staff will check with the City Attorney’s Office and suggested using the word “developed.” November 29, 2000 Council Minutes Page 773 Referencing Section 2.4.30.04, Councilor Howell opined that the proposed revision may work for some of the elements cited, but he would like the assessment completed by staff. He would also like staff to develop language to insert in the Residential Chapters for any elements not addressed elsewhere in the LDC. Ms. Schlesener responded that most of the elements are addressed in the LDC. She said odors and emissions can be handled two ways. There is not a specific provision, but the act of creating a residential subdivision is not likely to create odor or emission issues. Provisions are included for industrial zones that might have odors or emissions. Councilor Howell observed that siting of dumpsters in RS-20 zones could present an issue. Ms. Schlesener stated that this issue was addressed later in staff’s memorandum. In response to Councilor Howell’s request for cross-referencing, Ms. Schlesener stated that cross-referencing is included at the ends of each Zoning Chapter. She noted that, in zones where off-site parking impacts are considered a problem, the issue is addressed through the Parking Standards Chapter and the way the uses are established in each zone. Referencing Section 2.4.30.05, Councilor Tomlinson opined that the proposed language revision was a significant change, noting that the Council normally considers the Comprehensive Plan and the LDC. Ms. Schlesener responded that the revision would maintain the language of the current LDC. She explained that the previous Comprehensive Plan did not subject subdivisions to compatibility criteria for this reason. Staff and the City Attorney’s Office considered the revision to be the best way to address subdivision developments. If the proposed revision is not made, subdivisions would be reviewed at the administrative level to meet State requirements. She stated that the proposed revision is the only way to conduct a public hearing and maintain a clear and objective standard. Referencing Section 4.0.60.j.1, Ms. Schlesener explained that most jurisdictions use the language contained in the Comprehensive Plan and Draft D of the LDC; however, the City is now required to use specific measurements and be clear and objective. Associate Planner Towne reviewed the cut and fill diagram for local and arterial/collector streets. Mr. Gibb stated that the clear and objective standard removes some flexibility from the staff level and places developers in positions that might not otherwise have occurred. In response to Councilor Peters’ inquiry, Ms. Schlesener stated that streets can be as narrow as 20 feet, if they do not include sidewalks. Councilor Peters inquired about the slope steepness that might be created with the narrowest possible street. Mr. Towne added that streets can only be narrowed through a planned development process. Councilor Griffiths expressed concern about the language concerning structures which was proposed for removal. Ms. Schlesener explained that the sentence was in the wrong section, and the issue was addressed in a different section. Referencing Section 3.15.60.05, Councilor Howell noted that the Riverfront Commission recommended a planned development related to parking only. He inquired whether the lot development option is adequate to address the concerns cited by the consultant. Mr. Gibb responded that the mix of uses in the buildings will be a determining factor. Councilor Howell inquired whether there was a simple way, short of a full planned development, to consider November 29, 2000 Council Minutes Page 774 parking options pending full development of the riverfront. Mr. Gibb responded that staff had not considered the possibility but will provide feedback December 4th. Referencing Sections 4.10.50.01.d, 4.10.60.01.d, 4.10.70.b.8, and 4.10.70.01.d.2, Councilor Schmidt inquired whether the “bench” would allow cars to level out their progression up or down a slope. Mr. Towne drew a sample diagram of a driveway with bench areas. Ms. Schlesener concurred with Councilor Howell’s observation that the bench design seems appropriate for driveways, but not for structures. Ms. Schlesener explained that the second group of recommendations was not part of the first phase of the update. She noted that the changes are legitimate and could be implemented now. Referencing Section 2.0.50.01, Ms. Schlesener explained that the City has strict criteria for what application changes constitute a need to mail additional public notices. Referencing Section 2.0.30.01, Councilor Barlow-Pieterick inquired who would review the Director’s decision to waive a requirement. Ms. Schlesener explained that the Director would not waive anything handled at the staff level. Issues presented to the Planning Commission are governed by a list of application requirements. If an item on the list is not in the application, the Director waived the requirement, or staff flagged the item as incomplete and brought it to the attention of the Planning Commission. Ms. Schlesener stated that she received comments and suggestions from Councilor Howell, but she thought the Council might want to discuss them before staff proceeded to research them. Councilor Tomlinson reviewed his list of concerns, including the riverfront parking zone standards. He noted that affordable housing was mentioned during the November 20th public hearing. He acknowledged that staff conducted case studies to ensure that the LDC does not impact housing prices, but he wants to ensure that there is something in the record indicating that the Council reviewed the LDC and does not believe that the LDC will impact housing affordability. Ms. Schlesener responded that staff is comfortable with this issue. The case studies were conducted. A member of the Neighborhood Technical Review Group (TRG) was the head of Corvallis Neighborhood Housing Services (CNHS). As part of developing the menus in the pedestrian oriented design standards (PODs), CNHS had a project which members of their organization evaluated against the PODs. The results of the evaluation were presented to the Neighborhood TRG. CNHS could meet the standards without impacting the cost of that particular project. She said there were earlier discussions regarding whether there should be two tiers of standards for the menus in the pedestrian oriented residential design standards: one for traditional housing and one for affordable housing. The members of the Neighborhood TRG, CNHS, staff, and the developers were uncomfortable with this proposal, opining it would create a value judgment and that people who could only qualify for affordable housing would receive second-class housing. Staff designed the number of menu items that must be selected based upon what the affordable housing projects could do without increasing their costs. November 29, 2000 Council Minutes Page 775 Councilor Tomlinson stated that he would like Council discussion concerning the 75-foot building height along First Street. He expressed concern that 75 feet was too high, noting that penthouse residences would be allowed on top of the buildings. Councilor Griffiths concurred, stating that, at a minimum, she would like to remove the language about building height exceeding 75 feet. She acknowledged that 75 feet and three stories are the current standard for Downtown, but she believes that the riverfront area is different. She opined that the Council should consider not demanding that buildings on the riverfront be that tall. She said she would like discussion from staff concerning the issue. Councilor Tomlinson stated that he would prefer a minimum of two stories and a maximum of five stories on the west side of First Street. He said he would be inclined to retain the planned development penthouse language, if the building height was reduced. Councilor Barlow-Pieterick stated that he was unsure the reason for the objection, but he assumed that people envisioned a block of buildings seven stories and 75 feet high. If this were the condition, he would consider a street frontage with a setback, outlined in the LDC, to prevent buildings from being built this way. He does not like design standards included in the LDC, but he understands the sensitivity of the riverfront in this issue. He stated he did not want to cancel the entire project based upon a single image. He said he had faith in the value of the property and the sensitivity any designer would have in developing a building along First Street after the park is developed, so that the buildings will not be objectionable structures. He suggested that the developers be steered toward the desired goal in terms of pedestrian scale at the street level. He opined that staff should develop a setback provision. Councilor Peters said he did not want to change the language tonight, but he would like to see the height of buildings and projected shadows on the park. Mr. Gibb responded that the Park Plaza apartment building at Seventh and Monroe is six stories and 65 feet high. He commented that the riverfront district involved many years of work by the Riverfront Commission and a committee. Some of these issues were discussed by the Commercial TRG with a great deal of passion. He opined that staff would want the Council to hear from the Riverfront Commission, if Council is considering significant changes. Mr. Nelson added that staff can supply information, but the Riverfront Commission members would present their views with passion. Councilor Schmidt observed that the riverfront has trees and added that tall buildings will impact tree growth. Councilor Howell stated that 75 feet is the existing maximum building height. The City wanted to ensure an adequate residential component to meet the goals of the riverfront, providing safety and security and supporting retail establishments. Accomplishing this goal involved a degree of flexibility that matches Downtown in terms of maximum building heights. Reducing the maximum building height will make it more difficult to develop residential properties along the riverfront where they are most needed. Conversely, allowing development above the second floor encourages development of a residential component. November 29, 2000 Council Minutes Page 776 Mayor Berg stated that the Council could amend the LDC or postpone a decision until the second phase of the LDC update. Councilor Griffiths stated that she was unwilling to postpone a decision, speculating that the Riverfront Commission is like other advisory boards and commissions which make recommendations to the Council and the Planning Commission. She would prefer that the Council reach a decision tonight. She said she was becoming more convinced by Councilor Howell that the provision might be appropriate as written. She would like to remove the reference to 75 feet for the penthouse residences. She expressed concern with the potential appearance of the riverfront if all new developments were six stories or higher. She believes that Councilor Peters’ question concerning shadows was valid and that the information would be helpful. Mr. Gibb noted that much of the area south of the riverfront district is in the Willamette River Greenway zone, so there would be a chance to review building height and impact on the greenway for the southern portion of the riverfront. Councilor Grosch commented that some of the discussion conveys the image that all construction along First Street would be 75 feet high. He said the Council must remember that 75 feet is a height option. He stated that developers were being asked to enter the community and invest in structures along the riverfront. To make the developments successful, the City must allow the maximum amount of flexibility. He opined that it was inconceivable that all of the undeveloped lots along First Street would develop at 75 feet or higher. He believes the option should be retained for flexibility. Councilor Wogaman explained that two and one-half stories is the minimum height requirement, with nothing required beyond that height. He concurred that any development above two and one-half stories was apt to be residential in nature. He concurred with Councilor Grosch that it was unlikely that First Street would be continuous six-story developments the length of the riverfront. Councilor Schmidt concurred with Councilor Grosch. He does not expect all buildings along the Corvallis riverfront will be the height of the buildings along the Portland riverfront. Mayor Berg recessed the meeting from 9:38 pm until 9:48 pm. Mayor Berg opined that the decision of building height should not be deferred to staff. Councilor Tomlinson stated that Oregon State University (OSU) raised several issues during the November 20th public hearing. He expressed hope that OSU and the City would discuss the LDC; he said he would like to be involved in those discussions. Councilor Tomlinson said he talked with Mr. Gibb concerning the LCDC review timeline. According to Mr. Gibb, the LCDC field representative committed to reviewing the product. Councilor Tomlinson referenced Mr. Kloos’ testimony and noted that staff and the Council spent a great deal of time this evening reviewing Mr. Kloos’ concerns. He inquired whether all issues presented by Mr. Kloos were addressed and would be included in findings. Ms. Schlesener responded affirmatively, clarifying that the minor issues presented by November 29, 2000 Council Minutes Page 777 Mr. Kloos were corrected by staff and the City Attorney’s Office. The remaining concerns were categorized as needing findings or not being issues. Mr. Fewel cautioned that there were no guarantees. Councilor Tomlinson referenced the 120-day approval cycle from completed application to Council deliberation. He inquired whether this cycle would be outlined in the LDC via a timeline graphic. Ms. Schlesener responded that the existing LDC has a timeline graphic, which will be updated based upon changes in the final LDC. Councilor Beilstein returned at 9:52 pm. Councilor Barlow-Pieterick stated that citizens commented regarding building orientation along NW Ninth Street (Ninth). He believes this provision is the product of a strictly worded Comprehensive Plan policy. He asked staff to describe whether there was flexibility in the Comprehensive Plan policy for buildings facing Ninth but not being built up to the street to avoid the problem of businesses closer to the street obscuring from view the businesses farther from the street. Ms. Schlesener responded that the Council spent a great deal of time addressing this concern with the latest version of PODs for Ninth. Several options were added concerning how buildings were oriented toward the street and how setbacks were measured. She noted that one option is further delineated in Councilor Howell’s suggestions. She explained that buildings could be set back as far as future improvements might dictate. She noted the Comprehensive Plan policy concerning parking between the building and the street. The Council’s added options to the building orientation standards and the additional sign element suggested by Councilor Howell, which involved placement of a monument sign in front of a commercial establishment, will assist in the visibility problem referenced by Councilor Barlow-Pieterick. She said the Comprehensive Plan does not specify a minimum setback, so there is flexibility. The Mixed Use Community Shopping (MUCS) zone has a maximum 20-foot setback. The LDC contains specific setbacks, but the Comprehensive Plan provides some flexibility. Mr. Towne added that the MUCS includes a maximum 20-foot setback, but specific conditions allow changing the maximum allowed setback. Councilor Howell observed that existing commercial buildings could be expanded to the sides. Mr. Barlow-Pieterick confirmed that his concern affected new construction. Councilor Schmidt referenced a letter from a business owner on Ninth who, several years ago, wanted to build at the street and was told to place the building farther from the street. Now the LDC contains some flexibility. He heard citizens testifying that some buildings were built adjacent to the street, obscuring visibility of businesses set back. Ms. Schlesener responded that the current LDC allows building orientation up to the sidewalk along Ninth. Councilor Schmidt queried where parking and freight trucks should be located. Councilor Barlow-Pieterick opined that staff developed a LDC that is satisfactory to him. He expressed hope that it was a misunderstanding that the new LDC setback provisions would be detrimental to businesses. Councilor Grosch stated that testimony alleged that the City had not met the State’s required standard for an economic analysis pertaining to the LDC. He inquired whether information November 29, 2000 Council Minutes Page 778 was available to indicate that the City considered the economic impacts of the proposed LDC. Mr. Gibb referenced to economic opportunities analysis, the City having sufficient buildable lands, and needed housing. He said the City completed a buildable lands inventory consistent with State requirements, which was approved as part of the Comprehensive Plan work tasks one through eight. The City, by request, will conduct a review of the economic opportunities analysis that was completed for the region through the Linn-Benton Housing and Economic Study. During the next few months, staff will conduct the required housing analysis, consistent with the work task. The analysis will be reviewed before the Council, and necessary changes to the LDC can be made. Councilor Howell reviewed his suggested changes, contained in his November 22nd memorandum (see Attachment B). He stated that the Comprehensive Plan Amendment criteria were addressed. Referencing Councilor Howell’s suggested addition of the word “habitat” to Section 2.3.30.01.e.5.c, Councilor Griffiths inquired whether fish and wildlife would be included or only the habitat. Ms. Schlesener responded that the word “habitat” was accidently omitted, but fish, wildlife, and related habitat would be included. Councilor Howell said he had asked about a size differentiation in Minor and Major Neighborhood Centers for purposes of religious assembly without a conditional development or plan compatibility review process. According to Draft D of the LDC, less than 5,000 square feet would require a plan compatibility review, and greater than 5,000 square feet would require a conditional development. He inquired whether there was a smaller size that would permit use outright without conflicts. Ms. Schlesener responded that the suggestion of allowing religious assembly in areas up to 5,000 square feet is fine for both minor and major neighborhood centers. Councilor Howell stated that the Bicycle and Pedestrian Advisory Commission had asked that the Council consider setting back buildings the equivalent of the standard park strip and sidewalk. He noted that the change was made for new development, but the setback would only be an option for existing developments. Ms. Schlesener responded that staff considered the suggestion and believes it is fine. For the benefit of the rebroadcast viewing audience, Mayor Berg quoted the new language. Councilor Howell referenced non-residential alley parking provisions and noted that 45-degree parking is required in alleys. He said he is aware of some alley parking that is 90 degrees and seems to work. He does not object to requiring that the property owner provide the extra width for 90-degree parking. He said a comment was made that parallel parking might work in some areas. He expressed interest in staff’s thoughts about 90-degree and parallel parking in alleys. Ms. Schlesener said staff considered the suggestion but was concerned about alleys being widened for sufficient maneuvering room for 90-degree parking. She said staff concurred with Councilor Howell’s suggestion that the property owner be required to provide the additional width. Mr. Gescher stated that parallel parking should work, provided sufficient space was available. Councilor Howell explained that a monument sign positioned by the street to attract attention to a business which is set back from the street should resolve the problem of the business November 29, 2000 Council Minutes Page 779 being obscured from view by adjacent businesses positioned adjacent to the street. Ms. Schlesener stated that this provision was a good idea and could be included in the MUCS Chapter as Section 3.19.40.09. She said the concern seemed to come from businesses along Ninth, which is primarily the MUCS zone; the zone includes South Third Street (Third). She added that the proposed monument size dimensions are fine, and the signs would be up to eight feet high and 32 square feet in size. Councilor Howell referenced the design variety menu in Chapter 4.10 and stated that redevelopment proposals require two of the five items listed. He questioned whether two storage units could be approved without requiring a major remodeling of the part of the building not being changed. Ms. Schlesener responded that staff would prefer that the applicant choose one standard, if the expansion or enlargement is for space not open to customers or the public. She said staff considers this proposal appropriate. Councilor Griffiths queried why an exception would not be allowed, if the expansion involved space that was not open to the public. Mr. Towne responded that, according to the proposed LDC, the business would choose one of the appropriate standards. Councilor Howell added that this provision would only affect expansions in excess of 500 square feet and over 20 percent or 3,000 square feet. Councilor Howell referenced testimony concerning excessive review. He observed that the Council made several changes concerning residential development. He opined that most uses were permitted outright in one or more commercial zones, except those that tend to be less compatible. Mr. Towne responded that staff made some major changes from Council direction following the work sessions, primarily concerning the MUCS zone. He explained that the MUCS had a 3,000 square foot limit and plan compatibility and conditional development reviews. At Council’s direction, staff changed the LDC to allow outright all uses in Minor Neighborhood Centers and Major Neighborhood Centers of less than 7,500 square feet. For areas larger than 7,500 square feet, more uses require conditional development or plan compatibility reviews. Now more than three-fourths of the uses are permitted outright. In addition, the allowed building footprints were increased for neighborhood local, collector, and arterial streets. Councilor Howell noted that, during several work sessions, multiple possibilities for wording were suggested concerning structured parking, but nothing seemed to achieve the objective. He noted that the Council wanted the first three floors to meet the criteria individually. He commented that Councilor Peters had a concern about a business with 198 parking spaces that was able to expand 30 percent with no requirement. Mr. Towne acknowledged that the language was difficult to develop, and staff was satisfied with Councilor Howell’s proposal. Mayor Berg read the proposed language for the benefit of the audience. She opined that the provision would address the need for parking but not allow parking to get out of hand. Mr. Towne added that the provision was in compliance with the Comprehensive Plan policy. Councilor Howell requested staff’s comments regarding a letter to the Council from Corinne C. Sherton. Ms. Schlesener stated that staff considered the wording changes proposed by Ms. Sherton to be minor and acceptable. November 29, 2000 Council Minutes Page 780 Mayor Berg referenced Gary Sawyer’s testimony concerning the difficulty in establishing a large grocery store in South Corvallis. She inquired whether the City was requiring something that would discourage a large grocery store in terms of requiring that all parking and freight deliveries be located behind the building. Mr. Towne cited the configuration of the Downtown Safeway store, which, he observed, functions. He said an alternative would allow parking along the sides of buildings. There are ways to develop the site and provide for loading in areas other than where the customers would be parking. Councilor Peters expressed doubt that Mr. Towne’s suggested configuration would work. Mr. Towne stated that there are options to make the configuration work. Councilor Howell described the proposed South Corvallis Town Center. Councilor Griffiths stated she had the same concern and inquired whether the issue involved the physical possibility of developing a site under the requirements or whether the corporations wanting to develop a site have desired site and building designs to maintain uniformity among their stores. Mr. Towne responded that that may be a significant issue. He commented that many of the corporations are placing more stores in communities with standards such as those proposed by Corvallis, so options are being developed to comply with the standards. Councilor Peters opined that the site proposal was not applicable to Ninth because the proposal involves a corner site. Mr. Towne stated that a new grocery outlet would not be allowed on Ninth and would only be allowed in neighborhood centers. Councilor Peters contended that all stores receive deliveries and will have the same problem of customers crossing the delivery area. Ms. Schlesener said the new Staples store is oriented to the main street, with parking behind the building and loading on the side of the building opposite the street. Councilor Peters said he was not convinced that the proposed orientation would be satisfactory because of the space needed for parking and loading areas. He expressed appreciation for Councilor Howell’s work on the issue of structured parking. Councilor Schmidt opined that the problem before the Council involves parking delivery trucks. He explained that his business does not have a back door, so the side of the building is used for deliveries. The other businesses in the building do not have back doors. To reserve parking for his customers, he installed planting boxes to keep Dari Mart’s delivery trucks from interfering with his customers’ parking. He expressed concern about customer parking to the rear and side of businesses. He believes the options should be included in the LDC. He opined that the Corvallis Business Park on NE Circle Boulevard is “messed up” because a previous Council would not let Heritage Mall develop on the site, and now a “hodge podge” of buildings is developing. During the November 20th public hearing, he observed testimony that the Comprehensive Plan is acceptable because people like a small-town atmosphere, but people leave town to shop. He believes the Comprehensive Plan is too restrictive concerning building size and that the City is eliminating the possibility of larger buildings being built in South Corvallis. He noted that minimum sizes were increased, but maximum sizes remain. He referenced the temporary metal buildings used for storage and inquired whether they were allowed in the LDC and where they could be used or placed. He noted that they are appearing on parking lots. He believes that temporary use of metal buildings should be allowed in designated parking areas. Mr. Towne responded that Planning November 29, 2000 Council Minutes Page 781 staff could talk with Development Services staff to determine the allowances. He explained that parking is allowed on the side to accommodate other portions of the LDC, such as loading facility provisions. Councilor Wogaman said he now feels there is more flexibility concerning building orientation. He concurs that it would be undesirable for customers to be required to pass loading areas. Councilor Beilstein expressed concern about the proposed pedestrian islands and median strips. He expects these will eventually be installed along Third and Ninth. He inquired about the conditions under which these features would be installed and the provisions so that the islands and medians would not interfere with adjacent businesses traffic. Mr. Towne responded that the South Corvallis Refinement Plan (SCRP) included extensive discussion concerning how traffic flowed in and out of South Corvallis as development occurred. Development in South Corvallis resulted in the portion of Third between SW Avery Avenue and the Marys River Bridge becoming overloaded within the planning period. To alleviate this problem, it would be necessary to add an extra lane in each direction or install a median to reduce the number of left-turn opportunities. The SCRP recommendation involves the median, because it would be a better choice to restrict movement. He said the need for a median along Ninth had not been identified; if one is installed, it would be primarily as a pedestrian amenity, such as the pedestrian island in front of Richey’s Market on NW Circle Boulevard. He said it was less likely that pedestrian islands would be installed mid-block along Ninth because motorists are not expecting pedestrians to cross Ninth mid-block; he expects they will be installed at intersections. He said there was also discussion regarding consolidating accesses as development occurs; this opportunity was identified in the Comprehensive Plan. Councilor Beilstein stated that he did not want a business to feel it was threatened because a pedestrian island was blocking access. Mr. Towne responded that there are currently no plans for installation of medians or pedestrian islands along Ninth. Councilor Howell referenced the testimony from Ninth business owners. He stated that the installation of medians or pedestrian islands along Ninth was not a pressing need, noting the number of traffic signals for safe pedestrian crossing. In 50 years, Ninth may be in the same situation as Third. One advantage of bringing buildings closer to the street and consolidating driveways is the potential for alleys. He noted that, in South Corvallis, the situation involves a choice of losing 15 or 20 feet of property or having a median. Commercial business owners would rather keep the 15 feet of property and deal with a median. New development south of SE Kiger Island Drive will include medians. Businesses will be accessed from side streets and clustered, rather than spread out. He opined that it would be prudent to discuss what situations prompt installation of medians. A Ninth plan could include ways to avoid pedestrian islands on Ninth. Councilor Griffiths reported that she talked with Ms. Schlesener concerning language changes. She will discuss the rest of her issues with Ms. Schlesener. Councilor Tomlinson noted that Kathy Phillips talked to the Council concerning a requested re-zoning at Highway 20/34 and SW Technology Loop. Ms. Schlesener stated that staff will November 29, 2000 Council Minutes Page 782 have information for the Council December 4th concerning Ms. Phillips’ request. At the same meeting, an answer can be provided by staff concerning Mel Stewart’s request. III. NEW BUSINESS Councilor Beilstein moved that the City of Corvallis instruct Mr. Fewel to join in the LOC suit concerning Measure 7; the motion was seconded. Councilor Schmidt observed that the gesture was good; but he opined, given pending circumstances, that the City should remain neutral. He said he realized what LOC is attempting to do, but he would not support the City becoming involved. It was moved and seconded to extend the meeting ten minutes, to 11:10 pm; the motion passed seven to two, with Councilors Grosch and Schmidt dissenting. Councilor Howell stated that, during a previous, similar situation, the City set a limit on its financial contribution in advance. He inquired whether the Council should include this provision with the motion or address it later. Mr. Fewel said he understood from the motion that the City would contact LOC and ask how LOC could use the City in support of the suit. The motion passed eight to one, with Councilor Schmidt dissenting. III. ADJOURNMENT The meeting was adjourned at 11:02 pm. APPROVED: MAYOR ATTEST: CITY RECORDER December 4, 2000 – Council Minutes Page 789 CITY OF CORVALLIS COUNCIL ACTION MINUTES December 4, 2000 The regular meeting of the City Council of the City of Corvallis, Oregon, was called to order at 12:07 pm on December 4, 2000, in the Downtown Fire Station, 400 NW Harrison, Corvallis, Oregon, with Mayor Berg presiding. PLEDGE OF ALLEGIANCE I. ROLL CALL PRESENT: Mayor Berg, Councilors Beilstein, Griffiths, Tomlinson, Barlow-Pieterick, Grosch, Howell, Schmidt, Wogaman ABSENT: Councilors Peters (excused) Mayor Berg directed Councilors’ attention to items at their places, including the November 30th Councilor- elect work session minutes, a December 4th memorandum from City Manager Nelson concerning the riverfront project, a December 4th memorandum from Mr. Nelson concerning the Measure 7 implementation ordinance, a November 30th letter from Marilyn Dilles concerning Draft D of the Land Development Code (LDC), a December 1st e-mail from the Corvallis Area Chamber of Commerce (Chamber) entitled “The Virtual F.A.X.,” a sun study concerning potential shadows on First Street, and a December 4th memorandum from Community Development Director Gibb concerning revised motions for the LDC update project and related cases. She explained that the motion accompanying Mr. Gibb’s memorandum incorporates elements that were referred to in a memorandum in the meeting packet. She noted that Councilor Barlow-Pieterick distributed a form for ordering Fiesta Bowl tickets. II. CONSENT AGENDA Councilor Wogaman referenced his report on page 730 of the November 20th Council meeting minutes, and he clarified that he lost his Civil War game wager with a fellow member of the Linn- Benton Community College (LBCC) Board of Directors because he gave points. He said he appreciated receiving the abstract of votes report, and he inquired where he could learn about the votes for the LBCC bond measure. City Recorder Mariner responded that the Benton County Elections Department has the election results. Mayor Berg noted that information is also available by precincts. It was moved and seconded to adopt the Consent Agenda as presented. Councilor Barlow-Pieterick announced that there will be vacancies on the Planning Commission and said candidates would be interviewed during February 2001. He said any interested citizens should contact Planning Division staff. He commented that he enjoyed reviewing the abstract of votes reports, and he thanked staff for providing the reports following each election. He acknowledged that he forgot to submit his City Manager performance evaluation form, but he concurred with the cumulative evaluation. He thanked Mr. Nelson for his efforts during the past four years of Councilor Barlow- December 4, 2000 – Council Minutes Page 797 force an applicant to go to court to recover an application fee. He believes the provision was attempting to keep the procedure consistent. Councilor Barlow- Pieterick concurred, noting that not all of the applications would be decided in Court. Mr. Fewel clarified that an affirmative action by the Council would be required to authorize payment of the claim and refunding the fee. Mayor Berg observed that there was only one week until the December 11th work session, and she encouraged Councilors to submit their input to staff. Mr. Fewel read, for a second time, an ordinance establishing a new Chapter 1.26 within the Corvallis Municipal Code entitled “Review of Applications for Compensation under Article 1, Section 18, of the Constitution of Oregon (Ballot Measure 7 passed November 7, 2000) and declaring an emergency.” Mr. Fewel confirmed that the second reading of the ordinance included the amendment approved today. ORDINANCE 2000-36 passed unanimously. The Council entered Executive Session at 1:10 pm. The Council discussed the City Manager’s annual performance evaluation. Mayor Berg recessed the Council at 1:40 pm and reconvened the Council at 7:-04 pm in the Downtown Fire Station, 400 NW Harrison, Corvallis, Oregon. I. ROLL CALL PRESENT: Mayor Berg, Councilors Beilstein, Griffiths, Tomlinson, Barlow-Pieterick, Grosch, Howell, Schmidt, Wogaman ABSENT: Councilors Peters Mayor Berg circulated a sign-up sheet for Saturday morning Government Comment Corner sessions. She said it was important to schedule sessions for the next month or so. She announced that each Councilor had received a form on which they should record their expected absences for the next few months. Mayor Berg directed Councilors’ attention to items at their places, including definitions of target populations concerning the CDBG human services fund allocation, which is the topic of the second public hearing this evening; a memorandum from the Chamber president concerning the LDC; and a memorandum from Messrs. Livingston and Feuerstein concerning the riverfront zone. December 4, 2000 – Council Minutes Page 798 VI. VISITORS’ PROPOSITIONS Gary Sawyer, identified himself as president of the Chamber and said he lives in Northwest Corvallis. He reviewed the Chamber’s memorandum presented to the Council (see Attachment A) and stated that the Chamber would like the Council to consider issues and alternatives. He observed that many business people testified that the proposed changes to the LDC will harm their business activity. He opined that the Council should consider whether the proposed changes match the desires of the community. He noted that the Chair of the 2020 Vision Committee said the proposed LDC changes are not what everyone wants, adding that citizens want more shopping options. He said the proposed LDC was not the only LDC option available, adding that it was possible to follow the Comprehensive Plan and develop a LDC that is more amenable to commerce. He opined that the proposed LDC relies heavily on discretionary reviews. He said the Council must be careful when saying that some things may be allowed in certain zones. He opined that there was no clear set of rules. He said the State requires two planning processes. He stated that the case study assumptions are flawed. He acknowledged that the impacts of Measure 7 are unknown. He referenced the Council’s earlier questions about the Chamber’s suggested changes. He reported that the Chamber would like allowance for regional shopping development with fewer restrictions outside the Downtown area. He stated that the Chamber spoke with many national and regional firms concerning how they select development sites. He asked that the Council allow NW Ninth Street (Ninth) to remain primarily as it is; develop incentives for retail, commercial, and residential development Downtown; offer incentives to develop neighborhood shopping centers; allow zoning on South Third Street (Third) to accomplish the City’s vision of a retail town center in the area; reduce the amount of discretionary review; and develop objective standards. He said it was difficult for developers to proceed with so many reviews to complete. He questioned the risks associated with delaying adoption of the LDC. Councilor Tomlinson thanked Mr. Sawyer for his succinct presentation. Citing the exception of the issue of affordable housing, he considered Mr. Sawyer’s statement to be a good representation of the Chamber’s position. He said he would respond to the statement during Council deliberations. Councilor Barlow-Pieterick thanked Mr. Sawyer for his efforts. He referenced the third proposal cited in the memorandum and inquired what types of incentives Mr. Sawyer or the Chamber would suggest and what types of restrictions the City has imposed on development. Mr. Sawyer responded that he did not have a prepared list of incentives. He stated that other communities probably have incentives. He opined that the philosophy of the current LDC seems to be to restrict a lot of development outside the Downtown area in order to meet the Comprehensive Plan’s vision of a regional shopping area Downtown. He said the Chamber is not opposed to regional shopping Downtown, nor is it against regional shopping anywhere else it would be appropriate. He suggested that the Council consider incentives for desired development without restricting growth in the rest of the community. Councilor Barlow-Pieterick said he did not know what restrictions were placed on growth Downtown. Mr. Sawyer responded that restrictions on growth Downtown are relatively limited. Councilor Barlow- Pieterick acknowledged that there could be mixed perceptions of the public review process. He explained that the public review process allows a developer to present a scenario of how a regional development on Ninth or Third could enhance Downtown. He stressed that the scenario would not be known without a public review process. He said he had not been convinced that the proposed LDC would be a problem. Mr. Sawyer stated that prospective commercial property owners cannot receive financing until they can show the bank what will be developed and how it will be financed. He said the City is asking developers to invest time and money up front. He noted that it is difficult for large December 4, 2000 – Council Minutes Page 799 chain stores to get through the City’s development process, opining that the current LDC places too many issues into discretionary review. Councilor Grosch observed that Mr. Sawyer seemed to be assuming that developers cannot proceed without a discretionary review. He said he saw many features that were allowed outright. He observed that the general layout seems to be different in transitioning from a linear commercial to a compact standard. He said he is not convinced that this is the only way to proceed. He does not believe that everything requires a discretionary review. Mr. Sawyer concurred, but he noted that developers say the discretionary reviews are a problem. He agreed that developers can create features different ways, but it is unknown if they will. He opined that the Council could consider and study this issue. Councilor Wogaman thanked Mr. Sawyer for his memorandum and commended him for its tone. He expressed appreciation for Mr. Sawyer’s input. Mayor Berg thanked Mr. Sawyer for the list of suggestion. She asked whether Mr. Sawyer had heard developers complain about the specifications of the current LDC or whether it was considered workable. Mr. Sawyer responded that developers have complained. He believes that the current LDC is fairly workable, but the discretionary reviews are a point of friction. He said he was not speaking to the Council to determine whether the discretionary reviews were right or wrong. He noted that the reviews cause people to question what they really want to do. He said the parking restrictions in the current LDC do not work. Mayor Berg inquired what aspects of Corvallis the Chamber considers to be desirable when attracting potential developments. Mr. Sawyer responded that Corvallis has one of the highest income levels in the United States, Corvallis citizens are highly educated, and Corvallis has good schools and good infrastructure. He cautioned that the Council must be careful about messing with the economic health of the community. He said the Council should pay attention when business owners say something will cause problems for their business or that of others. Mayor Berg referenced the fifth proposal cited in the memorandum and inquired whether Mr. Sawyer or the Chamber had a particular zoning designation in mind or one that would be developed. Mr. Sawyer acknowledged that it might be necessary to develop a zoning designation. He noted that there were certain development barriers on Third. He stated that each additional complication or restriction increases the likelihood that a site becomes too difficult to develop. Mayor Berg summarized Mr. Sawyer’s testimony by stating that features in the LDC cause a potential development to be too difficult to pursue and that this is a more important factor than zoning of any specific area of Corvallis. Mr. Sawyer responded that all of the factors combine toward a decision about pursuing development. If a specific type of development is wanted on Third, the City must understand that it must make some provisions for that type of development. He said there must be a meeting of the minds concerning what developers will build and what the community wants. He suggested that a LDC be adopted which developers might not like completely but can follow. December 4, 2000 – Council Minutes Page 800 VII. PUBLIC HEARINGS A. A public hearing to consider withdrawing recently annexed property from the Rural Fire Protection District (Furtick Annexation) Mayor Berg reviewed the order of proceedings and opened the public hearing. Staff Report Mr. Nelson explained that when property is annexed into the City, it is withdrawn from the rural fire protection district to avoid double-taxation of the property owners for fire protection services. He reported that the ordinance before the Council would withdraw from the Corvallis Rural Fire Protection District the Furtick property, which was annexed as a result of the November 7th election. He said the property is located just off SW Brooklane Drive. Public Testimony in Support - None. Testimony in Opposition - None. Neutral Testimony - None. Mayor Berg closed the public hearing. Deliberations Mr. Fewel read an ordinance proclaiming the withdrawal of certain described real property heretofore annexed to the City of Corvallis from the Corvallis Rural Fire Protection District (Furtick Annexation). Final Decision ORDINANCE 2000-37 passed unanimously. B. A public hearing to consider amendment of the Community Development Block Grant (CDBG) Consolidated Plan for Human Service Fund Allocation Mayor Berg reviewed the order of proceedings and opened the public hearing. Staff Report Mr. Weiss stated that it had been almost one year since staff first spoke to the Council concerning the CDBG program. He explained that the Human Services Fund would allocate CDBG funding for human services. He said staff spoke to the Council during September concerning the process developed by the HCDC to create a request for proposal (RFP) for use of CDBG funding to expand or create new services, as required by CDBG regulation, for a set of target populations, which were established in the Consolidated Plan. He reported that HCDC received proposals from ten agencies seeking CDBG funding; the proposals were December 4, 2000 – Council Minutes Page 801 outlined in the staff report. HCDC proposed fully funding seven of the ten proposals. He said the staff report explained the rationale for the funding determination. He noted that the Consolidated Plan language must be amended to carry out the human services funding activity. He explained that, when the City first developed the Plan, Housing and Urban Development (HUD) believed that a higher level of specificity was needed within the human services portion. Rather than allocating to a general group of services, HUD asked the City to amend the Plan after the allocation process and specify how the funds would be allocated. Staff supports the HCDC allocation recommendations. He reviewed the actions requested of Council. HCDC Chair Bruce Sorte said HCDC met with citizens from throughout the community. He observed that HCDC members, staff, and liaisons from the Planning Commission and the Council were energetic and creative. A new approach for award allocations was developed. Agencies will determine how HCDC will measure their effectiveness. He opined that HCDC stayed with the desired themes of bringing services closer to the people needing the services and letting the people needing services work together to resolve their problems. Agencies will collaborate so that multiple agencies will not provide similar services that must later be supported by additional funding. Councilor Grosch said it was important that the Council understand the magnitude of HCDC’s task. He opined that HCDC developed some good ideas for outreach activities. He noted that it was an interesting process with a group inexperienced in allocating funds. He observed that the group quickly determined the core issues related to the funding. Councilor Howell said it appeared to be a good list of proposals and programs providing good services. He thanked staff for the list of target populations, and he surmised that the fund was intended to provide services for any of the target populations. He inquired how staff determines that a person who is considered to be at risk but not low income really meets the income guidelines. Mr. Weiss explained that the program focuses on providing services to people meeting the income guidelines, and 51 percent of the service recipients must meet the guidelines. He expects that almost 100 percent of service recipients will meet the guidelines. If a person is presumed to be low income, such as homeless or severely disabled, no income tracking is necessary. Income must be tracked for those persons at risk of homelessness or generally low income. Agencies must maintain income information and report to staff the number of low-income people receiving services through Federal funds. Referencing programs where services are not targeted toward specific population groups, Councilor Howell inquired whether all service recipients would meet the income guidelines. Mr. Weiss responded that those participants would provide income information. He stated that children receiving services through the Boys and Girls Club (BGC) are considered to be at risk, according to HUD guidelines. He said there is some at-risk nature to the parent enhancement program. Income verification will be conducted when it is not certain that a service recipient is homeless or presumed low income or disabled. The experiences of the service agencies indicate that the clientele are all low income. If a service recipient is below the poverty level and qualifies for a program based upon income, the agency must merely document that that is the case; income need not be further verified. December 4, 2000 – Council Minutes Page 802 Councilor Grosch noted that the participants in the parent enhancement program would be considered to be at risk of becoming homeless because they are pregnant or parenting teens. He said the participants in the BGC are at risk because they are youth being referred from the Benton County Juvenile Department. He expects that there would be a higher level of screening for participants in the BGC and parent enhancement programs. Councilor Howell inquired whether there would be a youth at-risk category. Mr. Weiss responded that these youth would fall into the youth at risk of homelessness category. He said HUD supports the types of services offered through the Benton County Youth Shelter or the BGC where youth are proceeding through the juvenile justice system. He said there is a likelihood that continuation of the lifestyle will result in homelessness. Mr. Sorte expects that the frequence of these situations, as outlined in the City’s reports, should cause HUD to help the City direct more funding toward homelessness than at-risk youth. He said the BGC was asked to focus on neighborhoods, with the hope that this action will garner support. Councilor Howell inquired whether activities were being held outside the BGC center. Mr. Sorte responded that BGC was asked to focus on neighborhoods and choose youth who will, or should, know each other. He said BGC was encouraged to conduct outreach activities and subcontract with an organization that was capable of making home visits. There is a concern that people in the program come and go, resulting in a lower impact. It is hoped that BGC will have more surety of working together with other agencies. Mr. Weiss reported that he met with BGC to review specific information the agency must provide. He said there is assurance that BGC would become a certain funder, given that it can meet HCDC’s requests. BGC and Big Brother Big Sister at OSU reached a working agreement concerning mentoring and additional program structure. While youth are at BGC, administrators will know their activities. Mentors will seek opportunities to work with the families in the homes. Mr. Weiss confirmed Councilor Tomlinson’s understanding that citizens age 62 and older are presumed to be low income. He added that HCDC’s subjective view will be considered concerning this group of people. He explained that HCDC will know whether something being proposed would actually serve low-income elderly citizens; if it will not, he does not expect that it will be funded. Councilor Wogaman questioned a notation in the definitions that stated that members of specific categories are not presumed to be low income. Mr. Weiss explained that if people are presented as low income, they are not presumed to be low income, and the income verification will be required. Mayor Berg summarized that funds will be targeted toward low-income population groups and will be monitored and documented. Mr. Sorte stated that HCDC is attempting to reach low- income senior citizens. Public Testimony in Support Judy Wilson said she considered it good news that Mid-Valley Housing Plus (MVHP) was selected to receive CDBG funding. She said many of the Councilors were with her when she December 4, 2000 – Council Minutes Page 803 looked at Benton Plaza (BP) and The Julian Hotel (JH) and what might happen to those facilities, which were moderate rehabilitation apartments for low-income persons with disabilities and senior citizens. She began to meet with the BP owner and contact the owners of JH because she felt it would be a great loss to the community to lose housing for people with disabilities and mental illnesses. She said MVHP has had one-year renewals of the contracts. She has chaired the Benton Committee, talking with BP residents about their needs to improve living together in a community atmosphere; efforts would make the facility a better place to live and aid residents in becoming acquainted with each other, socializing, and becoming more integrated into the facility’s community and the broader community. She explained that the funding will give MVHP opportunity to initiate these activities. She said several residents told her they were excited about the prospects. She met with the building’s management company, which is pleased about the proposed support for BP residents. The owner stated that he was not in the “social service business,” but he is very interested in serving the low-income population through services provided in the community. There is a new manager at BP. She believes BP is a wonderful place to begin the program. The population of mentally ill citizens, the residents of BP and JH, and the recipients of MVHP’s community outreach fall into the low-income category. Many of MVHP’s service recipients receive Supplemental Security Income of $512 per month. She looks forward to hiring a coordinator for the program. Mayor Berg inquired whether Federal funding for BP and JH was still received annually. Ms. Wilson responded affirmatively, adding that the contracts are renewed annually. She said she will contact the new owners of JH, and she has regular contact with the owners of BP. Councilor Grosch announced that the National Association of Mental Illness (NAMI) holiday dinner will be held December 8th, and everyone is invited to attend. Ms. Wilson added that the dinner is a wonderful event and concurred that everyone is welcome. Mayor Berg announced that Corvallis resident Dee Porter designed a Christmas card that was featured in NAMI’s national catalog. Mayor Berg closed the public hearing. Questions of Staff Mayor Berg stated that, during the past six years, she developed an admiration for Bonney Enterprises. She said she noticed that HCDC’s decision did not target the population served by Bonney Enterprises. She inquired whether it was deemed inappropriate to use CDBG funding to raise other funds. Mr. Weiss confirmed, explaining that a priority was determined to provide funds to agencies that would provide direct client benefit. He noted that Bonney Enterprises’ request would involve funding resources that would eventually become services to clients. He said HCDC recognized the merit of the funding request, but HCDC wanted to focus on direct benefit. He explained that HUD feels strongly about direct benefit. In response to Mayor Berg’s inquiry, Mr. Weiss confirmed that funding to Lincoln Council on Aging would be used for homebound and frail elderly in Corvallis. He explained that the agency is located in Lincoln City but also serves Linn and Benton Counties. December 4, 2000 – Council Minutes Page 804 Deliberations Councilor Barlow-Pieterick moved to approve the CDBG Human Services Fund allocations, as submitted; the motion was seconded. Councilor Howell said he considered the proposed allocations to be a good set of services that compliments the other aspects of the Consolidated Plan. He noted that HCDC and the Council will monitor the funding and activities of the program. He said there were many worthwhile programs and needs in the community. He acknowledged that it was difficult to target social service allocations toward emergency and transitional services and differentiate those needs from the services provided by United Way. He cautioned that the Council must be watchful and target CDBG funds toward groups that are defined within HUD as being most at need in the community. He expects that HCDC will receive proposals that do not quite fit the criteria but are well deserving of funding. He cautioned that, if HCDC and the Council are not careful and try to give funding to all requesting agencies, some programs that more appropriately meet the funding guidelines may not get as much funding as they need. He expressed appreciation for HCDC’s care in making its selections. Councilor Grosch acknowledged that there will be additional work regarding the program; he stated that this is the first round of funding allocations, which will be conducted annually. He said he would like to see HCDC align goals and directions between this fund and the social services fund and consider other community plans to determine the best use of available funding to reach clearly identified goals of the City and agencies. During the next few years he expects that the Council will see the goals of the program evolve. He opined that this was a good first step. Final Decision The motion passed unanimously. It was moved, seconded, and unanimously passed to approve the Consolidated Plan amendment that will allow implementation of the allocations and the use of Community Development Block Grant funds. VI. VISITORS’ PROPOSITIONS – Continued Carol Lee Woodstock stated that members of the 2020 Vision Committee said the proposed LDC was not what they envisioned. Additionally, members of the Commercial Technical Review Group claimed the proposed LDC would not work. She said the Council requested specific suggestions, input was provided, and some changes were made. She commented that some of the problems are invasive of the entire proposed LDC. She said the community does not have the densities needed to support some of the features that would be imposed. She elaborated, saying that affordable housing is needed to obtain the necessary densities. She said it was unreasonable to have one plan to fit all situations. She opined that the discretionary reviews are onerous and expensive, noting that the amount of work involved to prepare for hearings adds 25 to 30 percent to the cost of a development. She said she saved for over 15 years to be able to afford the expansion of her business. She stated that there have been recent questions regarding whether the current LDC is workable. The business community hoped December 4, 2000 – Council Minutes Page 805 for improvement of the current LDC, rather than something that would be more difficult. She said she is a member of the North Corvallis Citizen Advisory Committee (NCCAC), which met Saturday. She observed that members of NCCAC want choices. As an example, she noted that many people like cul- de-sacs, and NCCAC members questioned why developments could not include cul-de-sacs, rather than developing on a grid plan. Some people like garages behind their houses, but this should not be mandated. One member of NCCAC opined that there was a large disconnect between what people would like to see as planners and what actually works. She said the Chamber presented its best suggestions for changes to the LDC. She encouraged the Council to consider the Chamber’s suggestions. Mayor Berg summarized Ms. Woodstock’s statement by saying that, primarily because of the discretionary reviews and diminishing choices for financial decisions, it was Ms. Woodstock’s view that the LDC will not bring the City closer to its vision, the LDC will not work, and there will be a lack of commercial development in Corvallis. Ms. Woodstock added that she believes the LDC will also discourage redevelopment and reduce pedestrian friendliness. She said demographic studies indicate that Corvallis’ population is aging. She opined that, when issues become requirements, it is easier to continue with the current situation than attempt to make changes. She said she attended a meeting with business owners from Ninth, who contend that the issues cited in the Chamber’s memorandum are still their concerns following the November 29th Council meeting. Gary Feuerstein stated that he supports the riverfront zone. He thanked the Council for re-considering parking in the riverfront area, which is a critical issue. He encouraged the Council to reconsider and find alternatives for the type of development desired along the riverfront. He said he understood there was concern about the height limitations in the riverfront zone. The height limit is currently 75 feet. He said property owners in the riverfront zone are not asking for a higher limit; 75 feet is the current maximum and should be maintained. He explained that the floor area ratio of 2.5 to 3.0 pushes the buildings to the height of 75 feet. The floor area ratio must be supported by adequate parking. He said six floors are required to make the floor area ratio successful. He explained that reducing the maximum building height would not resolve the problem. The upper floors would primarily be used for housing, which is needed in the Downtown area to make Downtown a more livable, active area. He believes that buildings along First Street can provide this amenity. Mayor Berg inquired whether Mr. Feuerstein had an opinion concerning the three-floor minimum building height requirement along the riverfront. Mr. Feuerstein responded that the floor area ratio of 3.0 is fine, and it would be a great result of the riverfront zone if that ratio could be achieved. December 4, 2000 – Council Minutes Page 806 IV. UNFINISHED BUSINESS - Continued B. Continued Deliberations on the Land Development Code Revision and tentative decision (Findings of Fact and ordinance to be developed for December 11th meeting) Mayor Berg noted that staff was asked to respond to the Council’s questions from the November 29th Council meeting. Community Development Director Gibb referenced the Council’s concerns about building orientations in terms of loading areas, parking, and entrances; how changes made in the proposed LDC are designed to provide more choices for expansion of existing buildings; and shadows along First Street in relation to building heights. Associate Planner Towne distributed photographs of various commercial developments in Corvallis. Planning Manager Schlesener reviewed the photographs, describing how the businesses’ entrances, loading docks, and parking areas co-exist. Photographs included the Downtown Safeway store, Fred Meyer, BiMart on Ninth, Staples, Avery Square, Nappa Auto Parts, Smith Glass, Global Communications, Fashion Eyewear, Albin Plumbing, Sharis, and Lyons. She noted that many grocery stores larger than Safeway tuck a loading dock into the same facade as the main entrance. She said most smaller buildings would take advantage of LDC provisions that allow loading in the rear and parking on the side, such as Smith Glass and Global Communications. The current LDC allows smaller buildings to have side entrances, provided the entrances are within 50 feet of the fronting street. She demonstrated that Albin Plumbing uses a fence at the end of the customer parking area to separate the customer area from the loading and storage area. Mayor Berg commented that the businesses represented in the photographs made choices, and she inquired if there were others. Ms. Schlesener responded affirmatively. She said an informal survey of businesses along Ninth between Avery Square and NW Walnut Boulevard indicated that 80 percent have a combination of rear or side loading and rear or side parking; 30 percent of the buildings are built near the fronting sidewalk with no parking in front of the building. Councilor Schmidt noted that, for some businesses along Ninth, specific options were forced into the development because the commercial zone borders a residential area, eliminating the possibility of setbacks. Ms. Schlesener responded that some developments may have been restricted by narrow lots, particularly the older businesses. Councilor Schmidt observed that Safeway and Fred Meyer were mixing customer parking with delivery trucks. He said the photograph of Fred Meyer did not show that there is another freight door available on NW 19th Street, although it is seldom used. He stated that longer delivery trucks trying to maneuver in customer parking areas present safety problems. If the loading area were in the rear of the building, it would be out of the public’s view. Ms. Schlesener explained that the photographs merely show that customer parking and loading areas can co-exist. Councilor Griffiths stated that she often shops at the fish market on Ninth and typically parks in front of the building because she is unsure where parking is located behind the building. She quoted the language in Section 4.10.60.02.a.1(d) and inquired whether there was a similar December 4, 2000 – Council Minutes Page 807 standard for commercial developments. She noted that such a standard is pedestrian friendly for people walking or bicycling, but it is pedestrian unfriendly for automobiles. Ms. Schlesener stated that the pictures show businesses which chose to have side entrances for this reason. She said most businesses have side entrances that are convenient for both automobiles and pedestrians. Councilor Griffiths inquired whether more than 100 feet separated the parking area behind the building and the front entrance of the fish market. Ms. Schlesener responded that the same standard would not be used for residential and commercial developments. Mr. Towne stated that concern was raised regarding vehicle circulation and parking. He reviewed the current and proposed language for Section 4.10.70.04 regarding vehicle circulation, design standards, and parking lots. He said staff received a request concerning how Town and Country Animal Clinic (TCAC) could be expanded. He explained that the site is constrained from expansion by the current LDC. He stated that an expansion must be 20 percent of the existing square footage before pedestrian oriented design (POD) standards are required. PODs are not required for second-story expansions. He reviewed the parking lot requirements for expansions. If the TCAC site were not constrained by size, the POD requirements would not be particularly onerous. He said most developments could accomplish these types of retrofit fairly easily. Ms. Schlesener noted that many of the issues reviewed by Mr. Towne were added to the LDC at the direction of the Council to increase flexibility. Mr. Towne added that two-thirds of the choices were added by the Council during the work sessions. Mayor Berg commented that the veterinarian and her family live above TCAC. She inquired whether the doctor receives a parking adjustment because of the living arrangement. She noted the mixed use of the facility. Mr. Towne estimated that the living space size would account for one parking space. Councilor Schmidt stated that the Council received a letter from Dr. Stone of TCAC. When the building was originally constructed, the owner wanted to build beside the sidewalk, but the LDC in effect at the time did not permit that arrangement, so the building was set back. Councilor Howell stated that, under the current LDC, residences are allowed as an accessory use. He cited NW VanBuren Avenue as having a mixture of residential and commercial uses. If the owner or operator of the commercial business resided on site, the residential use is allowed; residential use is not allowed if the residence is unrelated to the commercial business. Mr. Towne confirmed. Councilor Howell stated that the LDC update was to include increased flexibility to allow more types of mixed use development. Mr. Towne added that the upper floors of a development could be used as rental residences under the proposed LDC. Mr. Towne reviewed the sun study. He explained that the LDC requires that solar access studies be conducted November 21st to indicate natural winter lighting conditions. He noted that shadows from a 70-foot building have little impact on the riverfront. During the winter, when the sun is lower in the sky, it is important to protect solar access to surrounding structures. Ms. Schlesener stated that the current LDC cites when solar studies are December 4, 2000 – Council Minutes Page 808 conducted. The study was prepared by Dick Bryant, who is a member of the Riverfront Commission and an architect. Mayor Berg recessed the meeting from 8:57 pm until 9:05 pm. Councilor Griffiths said she had questions involving clarifications and concerns she would like the Council to discuss. She referenced Section 2.1.30.11, and she questioned the intended meaning of the middle sentence of the paragraph. She speculated that the Director would not correct the Comprehensive Plan Map. She suggested that the sentence should read, “The amendment shall not be corrected if the City Council subsequently approves a Comprehensive Plan Map amendment affecting the initial improvement.” She noted the sentence in question appeared in two places in the LDC. Ms. Schlesener responded that Councilor Griffiths’ suggested language was fine and could be used in the cited Section and in Chapter 2.2, where the questioned language is also used. Councilor Griffiths referenced Section 2.3.40.02 and stated that, by the time the reader reaches sub-paragraph n, the train of thought may be lost. She believes the language is confusing, She stated that sub-paragraphs a through m are factors that contain thresholds and that if an applicant proposes changes that do not exceed the thresholds, the changes may be processed as a Conditional Development Modification. She believes that n is a separate statement, apart from the list of options. Ms. Schlesener explained that Section 2.3.40.02 is intended to stress that the thresholds stated are meant to differentiate between minor and major modifications. If the modification is below the thresholds, it is a minor modification; if it is above the thresholds, it is a major modification and needs to be processed as a new Conditional Development application. Councilor Griffiths proposed the following language: “No modifications to specific requirements established at the time of conditional development approval, including conditions of approval, code requirements, and all aspects of the approved conditional development proposal, can be made, except as outlined in a through m above.” After further discussion, the Council directed staff to word a statement similar to this statement and place it with the introductory language above thresholds a - m, rather than including it as part of the list. The Council also directed staff to make similar changes in Chapters 2.4 and 2.5. In response to Mayor Berg’s inquiry, Mr. Nelson recommended that the Council approve proposed changes by consent. Proposals that are not approved by consent should be presented as motions. Councilor Howell said he had a different understanding of sub-paragraph n. He explained that he thought the provision allowed some variation in a modification that was established at the time of conditional development approval that was not included in thresholds a through m. Councilor Griffiths responded that she had the same interpretation, but staff explained to her the intent of sub-paragraph n. Councilor Howell concurred with Councilor Griffiths’ proposed language change. Ms. Schlesener opined that Councilor Griffiths’ proposed language is a good clarification of the intent of the provision. She suggested refining the proposed language as follows: “No modifications to specific requirements established at the time of conditional development December 4, 2000 – Council Minutes Page 809 approval, including conditions of approval, code requirements, and all aspects of the approved conditional development proposal, can be made as a minor modification, unless they are less than the thresholds outlined in a through m, above.” Councilor Howell suggested placing Ms. Schlesener’s proposed language in the opening paragraph of the Section, noting that it is different from thresholds a through m, or including it at the end of the Section without an enumeration designation. Councilor Griffiths concurred. Councilor Griffiths referenced the livability indicators and benchmarks relating to the Corvallis Vision 2020 Statement category of “Economic Vitality.” She said she believed that “Unemployment/Housing” should read “Employment/Housing.” She also stated that the livability indicator should apply to residential land use designations, contrary to what is indicated in the table. Councilor Barlow-Pieterick concurred, noting that the Council discussed keeping the terminology of the LDC positive and reflecting opportunity. Councilor Griffiths referenced Section 3.15.40.02 and said she was still struggling with the issue of structure height. She said she would like to delete sub-paragraph e and requested discussion of sub-paragraph a. Councilor Tomlinson noted that the last Council discussion concerning the issue disclosed no support from the Council to address the language in this Section. Councilor Griffiths referenced the discussion in the staff report concerning Section 1.4.50.02 and the period of time that a non-conforming use is vacant before it must comply with all the PODs. She re-stated that she would like to change the time period from one year to 18 months for the zones where major changes are being made. Councilor Schmidt concurred with the proposal for 18 months. He questioned when the 18- month period would begin and opined that it should be stated. Ms. Schlesener explained that the period begins at the time of vacancy. Mr. Gibb stated that Development Services staff occasionally deals with this issue. He said it is dependent upon when there is no more use of the facility for the established purpose. Each case must be evaluated individually. Councilor Beilstein inquired whether a landlord who was recruiting a tenant for the same type of use could legitimately claim that the use did not cease, merely because the facility was vacant. Mr. Gibb responded that Associate Planner Kasper of Development Services would need to make the decision. Mr. Fewel added that this issue was presented several years ago concerning a neighborhood store. In that case, staff determined that the use was pre-existing and non-conforming. Staff used eyewitness testimony to determine that the facility had not been used as a grocery store for a period of 12 months. The decision was appealed to the Council, and a factual hearing was held. He said that the act of recruiting a new tenant while the facility was vacant would not qualify as “use.” Councilor Beilstein expressed support of Councilor Griffiths’ suggestion. He does not believe that the additional six months would make a great deal of difference. He opined that the additional time would allow leniency. December 4, 2000 – Council Minutes Page 810 Councilor Griffiths referenced Section 3.26.30.01.2 (e) and (f). She noted that these use types were added at the request of Economic Development Partnership and were added to other zones, but they were not added as a permitted use outright. The uses were added to the Mixed Use Employment zone with the provision that they were permitted outright with 20 or fewer employees per shift. She stated that there is a Research Technology Overlay in Ward 8 near a potential housing development. She expressed concern about the location of the Research Technology Center (RTC) zone because technical support and telemarketing centers bring in large numbers of employees per shift, often in small spaces. She expressed uncertainty whether permitting these uses outright had been discussed adequately. She would like to place a limit on the zone in terms of outright permitted use until it has been discussed further. Councilor Howell noted that RTC was shifted from the overlay system to a designated zone, and he inquired how the shift was being conducted. He noted that, under the Comprehensive Plan, RTC would shift to its own zone, rather than to an overlay on another zone. Ms. Schlesener responded that most of the existing RTC sites have existing zoning overlays; no changes were made to the zoning map concerning RTC zones. Councilor Griffiths asked staff to investigate the issue. Ms. Schlesener stated that the City previously had a Research Technology Overlay on the Comprehensive Plan Map, but the overlay does not appear on the current Comprehensive Plan Map in the Timberhill area; the overlay no longer exists. She stated that RTCs are located at Sunset Research Park, Corvallis Business Park, and the intersection of SW 35th Street and SW Western Boulevard. In the Urban Growth Boundary there were seven RTC sites. The Comprehensive Plan includes a requirement for three sites within the City limits. Councilor Griffiths expressed concern about the height limitations for projections above building height, particularly those next to residential areas. The LDC language reads 20 feet over the height, which, in some cases, is higher than she believes is appropriate. She referenced the Riverfront zone, where buildings could be as high as 75 feet, and non-occupied projections could be 20 feet above the building or 85 feet, whichever is less. Ms. Schlesener responded that the projection would be ten feet above the 75-foot-high building, for a total of 85 feet. Mayor Berg noted that the staff report listed recommended motions for the LDC update project, including the components of the Comprehensive Plan amendment, the legislative amendment to the LDC, and the Zoning Map change. She suggested that the Council address the query concerning potential harm from delaying adoption of the revised LDC. Councilor Tomlinson opined that there was harm in not moving forward, noting that staff, citizens, and the Council had worked on the update for four years. He speculated that a LDC would not be developed that would meet everyone’s expectations. He would like to present the LDC to Department of Land Conservation and Development (DLCD) for its comments. The implications of Measure 7 will become more clear with time. He stated that the Council should proceed to adopt the revised LDC. Councilor Barlow-Pieterick said he was prepared to address adopting the revised LDC. He stated that the LDC will always be a work in progress because there will be objections to provisions of the LDC, which may warrant modifications to the provisions. December 4, 2000 – Council Minutes Page 811 Councilor Griffiths said she agonized over the issue and considered proposing implementation of specific sections of the LDC and delay implementation of the most contentious sections. She concurred with Councilor Tomlinson that the update is a process, and the next step is review by DLCD. She noted that the Council received testimony favoring and opposing adoption of the revised LDC. She said the Neighborhood Technical Review Group made changes at the request of the business community with the intent of providing more options and not make the LDC as onerous as people claimed. She acknowledged that the revised LDC was not perfect and that some issues could be discussed further. She believes it may be a better document than people believe it is. Until the City receives DLCD’s comments, it will not be known if there are continuing problems. She does not believe the LDC is as experimental as had been alleged. She acknowledged the issue of densities, some of which currently exist and will accommodate some of the proposed development. She believes that the LDC will encourage densities. She speculated that those who believe in “new urbanism” would say the City had not gone far enough. She believes the Council has struck a balance, and she does not want to delay implementation. Councilor Wogaman said the decision is a judgment call and that those wanting to delay implementation must prove why the LDC should not be implemented now. Update of the LDC was established as a Council goal two years ago and has been worked on diligently by many people who received an extensive amount of public testimony. He does not believe that delaying implementation would resolve differences of opinion in the community. He noted that the Council made changes in response to public input. Without sound justification for postponing implementation, he does believe it is good civic practice for a Council to work for a long period of time developing a product that implements the Comprehensive Plan and then postpone its adoption for another Council to address, with only four of nine Councilors returning. The five new Councilors would need to learn the Comprehensive Plan and LDC before they could make a prudent decision to adopt the new LDC. He believes the new LDC is a better document because of public input. He said he was willing to consider other changes proposed by the Council, but he would not support postponing adoption until the next Council takes office. Councilor Grosch stated that he seriously considered the issue of delaying implementation and is inclined to proceed with adoption. He opined that the testimony supporting postponement of adoption centered on two issues: 1) uncertainty about the economic impact, and 2) concerns related to Measure 7 that must be addressed. He stressed that proceeding with the LDC did not, in fact, constitute implementation. He explained that the Council had done all it could and now needed feedback from DLCD, which has the role of approving the LDC. He noted that the DLCD review process allows public comment. He expects that the response from DLCD will require the City to conduct additional work. A preliminary response from DLCD indicates that the City’s direction is acceptable, but some issues need further consideration. He opined that it was appropriate to proceed; and he expects that, when the response is received from DLCD, the City will have a better understanding of the future impacts from Measure 7. He expects that more changes will be requested by DLCD. Councilor Howell concurred with other Councilors concerning the timing of the LDC update. He noted that this is the first phase of the LDC update, and a second phase is scheduled during the next two years. Other updates will be done as planning processes are completed and December 4, 2000 – Council Minutes Page 812 amendments are needed, such as the North Corvallis Area Plan. Under the City’s current noticing requirements, it is a major step to abandon a noticed hearing process and postpone action indefinitely to a time that would require a full noticing to the community. He expects that future LDC updates will be conducted at regular intervals. He believes that many of the elements do not have community consensus, but there has been a balancing over the two years of work to try to accommodate the different points of view in the community. The issues for which the Council is receiving the most testimony are not new for cities in Oregon. He said he talked with the Gresham Community Development staff and was told that Gresham had PODs for four or five years regarding commercial developments. Initially developers were concerned, but solutions were found for each situation. Exceptions are provided for specific uses. Four or five years ago Gresham worked with Albertson’s and Walgreen to develop within the city, and neither company had dealt with standards similar to Gresham’s PODs. Based upon comments from people who have been anxiously waiting for implementation of the South Corvallis Refinement Plan, it is his opinion that there are forces that would like the Council to continue proceeding. He believes the new LDC has sections that are more flexible and may give opportunities to property owners for types of uses that cannot be developed now and might be more successful. Additionally, the new LDC gives more options for housing types in residential districts. Councilor Schmidt acknowledged that the LDC update has been underway for four years. He said he was skittish concerning impacts from Measure 7. He noted that the footprint size of buildings on Ninth was increased, but not to the satisfaction of the business owners. If building footprints are not further increased, he anticipates someone will file a claim under Measure 7. He said the Council should delay adoption and answer existing questions or amend the LDC to more satisfactorily address the concerns from business owners on Ninth. He opined that a little caution in adopting the LDC would not hurt after this amount of time. Councilor Beilstein opined that the only way to protect the City from Measure 7 would be not to have land use rules at all. He explained that new land use rules will not be more dangerous than old ones. He feels a great responsibility to the new Councilors assuming office in January 2001, who must become familiar with the LDC. He opined that it would be disrespectful to the next Council not to proceed and to burden them with the public process of further revisions before adoption. He believes the LDC is in a good condition at this time, although it might not satisfy everyone. The Council has had a good chance to revise the LDC, and there is consensus among the Councilors that they are satisfied with the product. He would like to have the LDC approved by the end of the Council term. Councilor Barlow-Pieterick acknowledged that the LDC was the product of good consultant and staff work, and staff received a positive letter from DLCD concerning the contents of the LDC. He said it seems that many arguments made against the new LDC could be made against the existing LDC, where provisions were not changed. He is confident that the Council’s actions did not reduce property values. He expects that, once developers start working with the new LDC, the City will see a new attitude toward development. Mayor Berg noted that the Council must make a thoughtful decision. The issue involves a question of choices and whether there are enough or too many choices. Developers make investment choices and want their investment to be profitable. The decision also involves the December 4, 2000 – Council Minutes Page 813 question of whether the new LDC will move the community closer to the Vision 2020 Statement, which includes a strong local economy. If the Council delays adoption of the LDC, it risks being overcome by events and having developments that the community does not want. She stressed the importance of recognizing that, if the Council adopts a LDC that reduces the amount of new development, there are long-term consequences. The Council must consider what type of quick action it must implement if the LDC is unsuccessful. The Council is obliged to produce a LDC that implements the new Comprehensive Plan. She acknowledged that updating the LDC is not easy. She commented that she knows the update is a unique situation because it is the first time the business community said the Council was moving too quickly. It was moved, seconded, and unanimously passed to approve the portion of CPA00-00007 that pertains to the amendment of Comprehensive Plan Article 51.5 as depicted in Attachment B, subject to the review and approval of a final order. It was moved and seconded to approve the portion of CPA00-00007 that pertains to the amendment of Comprehensive Plan text as outlined in “a” through “d” of Attachment C and Attachment D, subject to the review and approval of a final order. Councilor Griffiths referenced Section 40.3.3 and said she thought the Council discussed limited industrial uses, while the language in Attachment D states predominant industrial uses. Ms. Schlesener explained that the intent was always to address limited industrial uses. She said the word “limited” could be inserted, with the sentence reading “. . . opportunities by allowing for primarily limited industrial uses but also will allow . . .” Councilor Griffiths said she would like this amendment included. Councilor Howell said he had a similar request concerning Section 40.3.2, which he would like considered as a friendly amendment. He explained that the definition omitted the office portion of the Limited Industrial-Office zone. Ms. Schlesener responded that the sentence was taken almost verbatim from the new Limited Industrial-Office Zone Purpose Statement. A sentence would be added to the end of the definition, as follows: “Refers also to the development of the large-scale office industry (rather than small-scale, single-use, stand-alone office buildings) and related uses.” The suggested language was accepted as a friendly amendment. The motion passed unanimously. It was moved, seconded, and unanimously passed to approve the portion of CPA00-00007 that pertains to the amendment of Comprehensive Plan Map as outlined in Attachment E and Attachment F, subject to the review and approval of a final order. It was moved and seconded to approve LDT00-00002, as depicted in Draft D of the LDC and as modified by Attachment G and as further modified by the Council during its deliberations of December 4, 2000, subject to the review and approval of a final order. Mayor Berg reviewed the modifications made by the Council tonight. December 4, 2000 – Council Minutes Page 814 Councilor Griffiths moved to amend Section 3.15.40.02 to delete item e concerning occupied towers or penthouses above 75 feet; the motion was seconded. Councilor Barlow-Pieterick inquired whether the deletion would create an absolute limit of 75 feet with no process for exemptions. Ms. Schlesener responded that any exemption must follow the Lot Development Option (LDO) process in Section 2.12 for changes up to 20 percent; larger changes must follow the Plan Development (PD) process in Section 2.5. She confirmed that there is opportunity for small adjustments. Councilor Howell inquired whether there was an accepted definition of penthouses versus additional floors; staff confirmed. He asked if the Conditional Development Review would be required for anything over 75 feet for occupied towers or penthouses. Ms. Schlesener explained that, if the provision were deleted, the developer could pursue a LDO or PD process to build above 75 feet. If the provision is retained, the developer must pursue a Conditional Development process for an occupied tower or penthouse. She confirmed that there is more scrutiny in the Conditional Development process, including a public hearing. A LDO is handled at the staff level. Councilor Beilstein summarized that deleting item e would impose a less stringent review for modifications above 75 feet and less than 20 percent of overall floor area. Councilor Griffiths said she made the motion because she did not believe the issue had been discussed enough, as evidenced by the clarification Councilor Howell requested. She said she was concerned because there is no definition concerning an occupied tower or penthouse. She questioned whether a penthouse could include an office or was restricted to residential use. She noted that a LDO would allow an additional 15 feet of building height. The motion failed two to six on the following roll-call vote: AYES: Griffiths, Tomlinson NAYES: Beilstein, Barlow-Pieterick, Grosch, Howell, Schmidt, Wogaman. Councilor Howell noted that, although there is some disagreement concerning the LDC, it represents great progress in moving toward the vision for the community. The LDC is consistent with the directions of DLCD. He acknowledged that there was more work to do concerning providing adequate housing and working together as a region to provide affordable housing. He expects the City will see neighborhoods with a greater mix of residential housing types and more affordable housing types integrated into every new subdivision. The LDC should provide other types of affordability and accessibility to services close to home and make walking and public transit more workable over time for more people. He anticipates that problems will be found and corrected as time passes. The other portion of the LDC that was not addressed in this update will move the community toward the full vision. Councilor Barlow-Pieterick clarified that the vision statement represents the community’s vision, rather than merely the Council’s vision. He noted that citizens ask for certain provisions, but the business community views the LDC differently. He does not want people to characterize the vision as being that of the Council. He believes the community residents December 4, 2000 – Council Minutes Page 815 will find value in what is being done and making the vision successful for the community. As a designer he sees opportunities for people to create designs that will be successful. He said he was comfortable voting in favor of the LDC. Councilor Tomlinson said he was pleased to be at the end of the procedure, but he expects that more work is needed. He opined that the LDC represents a balanced view, and not everyone got what they wanted. He expects that the challenge in proceeding will involve public transportation. He said the Council must continue to work on public transit. The business community said the LDC presents them with challenges; but he believes the LDC also presents challenges to the Council in terms of developing a strong public transit system, adhering to the City’s density strategy, and promoting multi-modal options. He looks forward to facing future decisions regarding the LDC. The motion passed unanimously. It was moved, seconded, and unanimously passed to approve ZDC00-00009, as outlined in Attachment H and Attachment F, subject to review and approval of final order. Mayor Berg announced that staff will return to the Council December 11th with formal findings and an ordinance. X. NEW BUSINESS XI. ADJOURNMENT The meeting was adjourned at 10:36 pm. APPROVED: ATTEST: MAYOR CITY RECORDER December 11, 2000 – Council Minutes Page 818 CITY OF CORVALLIS COUNCIL ACTION MINUTES December 11, 2000 A special meeting of the City Council of the City of Corvallis, Oregon, was called to order at 7:02 pm on December 11, 2000, in the Downtown Fire Station, 400 NW Harrison, Corvallis, Oregon, with Mayor Berg presiding. I. ROLL CALL PRESENT: Mayor Berg, Councilors Griffiths, Tomlinson, Barlow-Pieterick, Grosch, Howell, Peters, Schmidt, Wogaman, Beilstein Mayor Berg directed Councilors’ attention to items at their places, including the annual report from Committee for Citizen Involvement (CCI), which was requested by the Council when CCI was formed; an e-mail message from John Fradet concerning the cost of approval fees; “Just the Facts” from the Corvallis Area Chamber of Commerce (Chamber); and a memorandum from Planning Manager Schlesener addressing three changes to the findings concerning the Land Development Code (LDC). II. UNFINISHED BUSINESS A. Deliberations on the Land Development Code Revision 1. Adoption of Findings of Fact Community Development Director Gibb stated that the meeting packet contained the proposed ordinances and findings. Staff, with consultation from the City Attorney’s Office, developed the findings of fact supporting the Council’s December 4th decision. He noted that staff was asking the Council to consider three ordinances this evening: 1) one addressing “bridge” language concerning the Comprehensive Plan, 2) a second addressing amendments to the Comprehensive Plan and the Comprehensive Plan Map associated with the LDC changes and the work performed during the past 18 months, and 3) a third addressing the LDC amendments and the changes to the LDC zoning map. He referenced Ms. Schlesener’s memorandum outlining changes associated with the findings of fact. He suggested that the changes be adopted as a group with the findings of fact. In response to Mayor Berg’s inquiry, Deputy City Attorney Brewer confirmed that it would be appropriate to consider a motion for each set of findings. 2. Mr. Brewer read an ordinance relating to land use, amending a comprehensive plan for the City of Corvallis, amending Ordinance 98-53, and stating an effective date. Mayor Berg, for the audience, explained that the ordinance addresses the fact that the City currently has a Comprehensive Plan acknowledged by the Land Conservation December 11, 2000 – Council Minutes Page 819 and Development Commission (LCDC) and a LDC adopted by the City and approved some time ago. The City will now have a revised LDC. The ordinance being considered by the Council addresses how land use decisions will be made prior to the implementation order of the Council, which will follow approval by LCDC. She noted that the purpose of the ordinance constitutes the term “bridge language.” ORDINANCE 2000-38 passed unanimously. 3. Mayor Berg stated that the second ordinance concerns major revisions to the current Comprehensive Plan and Comprehensive Plan Map, particularly newly defined zones which, for the most part, replace previous zones. City Manager Nelson noted that Sections 6, 7, and 8 reference Exhibits A, B, and C and that the Council did not need a separate motion for findings because the ordinance covers all of the findings. Mr. Brewer responded that he talked with Mr. Gibb before the meeting, and they determined that there might be benefit to considering a motion to adopt the findings and then consider the ordinance. It was moved and seconded to adopt the findings of fact and conclusions for amendments to the Comprehensive Plan and Comprehensive Plan Map; the motion passed eight to one, with Councilor Schmidt opposing. Mr. Brewer read an ordinance relating to land use, amending a Comprehensive Plan and Comprehensive Plan Map for the City of Corvallis, establishing findings, amending Ordinance 98-53, as amended, and stating an effective date. The ordinance passed eight to one, with Councilor Schmidt opposing, and will be read a second time December 18th. 4. Mayor Berg stated that the third ordinance to be considered tonight concerned amendments to the LDC and zoning district changes. She referenced Ms. Schlesener’s memorandum, which outlined changes to the findings [Exhibit A of the third ordinance]. She stressed that the changes do not change the intent of the Council, but change the wording of the findings to reflect the Council’s intent; Ms. Schlesener confirmed. She said the first change takes language agreed upon by the Council during the December 4th meeting concerning Ms. Philips request for re- zoning. The second change updates the building size limitation and square footage limitations for the footprints in the Mixed Use Community Shopping (MUCS) zone to reflect the Council’s most recent changes. The third change updates the statement concerning historic preservation provisions. The previous statement reflected the Planning Commission’s direction, which said the Council would consider changes; but the changes have already occurred. The proposed change implements the Council’s previous action. Councilor Schmidt referenced the new chapter concerning the MUCS zone and said he understood that the property owners would have discretion concerning use of the property. He referenced Finding 41, which states that pedestrian oriented design December 11, 2000 – Council Minutes Page 820 (POD) standards are required, with parking lots behind or beside buildings. Because the POD standards are required, he will vote against the findings. Ms. Schlesener explained that Finding 41 outlines the statements of the Comprehensive Plan. Ms. Schlesener explained that Chapter 4.10 requires that buildings meet the stated standards, but developers may choose from many “menu” options to satisfy the requirements. While the features are required to comply with the POD standards, the developers are allowed to use the menu options to obtain flexibility. In response to Councilor Wogaman’s inquiry, Ms. Schlesener explained that the features stated in Finding 41 are required, but each is accompanied by a menu of choices. Some menus allow more flexibility than others. Mayor Berg said it was helpful for the Council to know Councilor Schmidt’s reason for voting against the findings. Councilor Howell stated that the findings are an explanation of how the LDC implements the Comprehensive Plan, and the Comprehensive Plan states that the LDC will require specific elements. The Council chose some flexibility so developers can meet the requirement in a variety of ways. He explained that the degree of flexibility is contained in the LDC. He said the findings are also a summary of all commercial districts, but the Council gave the most attention to additional flexibility in the MUCS districts along NW Ninth Street and South Third Street. There is less flexibility in the Neighborhood Center zones. The findings were intended to summarize the overall impact and how the LDC complies with the Comprehensive Plan. Mayor Berg added that the findings are the basis for the Council’s decision and respond to and meet a need. It was moved and seconded to approve findings and conclusions for LDT 00-00002 and ZDC 00-00009, with amendments presented in the staff memorandum to the Council dated December 11, 2000. The motion passed eight to one, with Councilor Schmidt opposing. Mr. Brewer read an ordinance relating to land use; amending a Land Development Code and Zoning Map for the City of Corvallis; establishing procedures, development standards, and findings; amending Ordinance 93-20, as amended; and stating an effective date. Councilor Howell stated that the LDC is a methodology to implement the community vision, which created policies and directions. He noted that there were agreements and disagreements in the community concerning the proposed provisions of the LDC. The majority of community discussions focused on the impact on affordability. He observed that there are differences of opinion concerning the most affordable method to use. He said the findings the Council approved gave a good analysis of one perspective of how the LDC may be more affordable in the future. If the City has compact residential and commercial development, there would be opportunities for December 11, 2000 – Council Minutes Page 821 multi-story and mixed-use development that would allow more efficient use of land, reduce the cost of land for developments, reduce costs for infrastructure development, and protect farm and forest land. A compact community also allows people to reduce their personal transportation costs because residential and commercial districts are located closer together. He acknowledged the differences of opinion concerning whether compact development would be the best means of achieving affordable housing and a variety of commercial uses. He believes this is the most likely way that the City can successfully develop an affordable community. Mayor Berg noted that the Council worked very hard to bring improvements and the community’s vision into a workable document. Councilor Barlow-Pieterick noted that this evening’s Council action marked the end of a four-year process, not merely the two years the Council worked on the LDC. He explained that the process began when the State identified what should be the community’s focus in terms of development. Then the Vision Statement was developed, followed by the Comprehensive Plan, and then the LDC. He referenced citizens who do not feel that the LDC is what they wanted, and he invited them to get involved when the process begins again. He urged them to remember what they considered objectionable during this update procedure and work toward resolving differences. He said the Council was at the end of the process when it learned the unspoken concerns of citizens. He acknowledged that he did not know the severity of the complaints, so it was difficult for him to weigh them against the changes the Council was making and the volume of justification for the Council’s final action. If citizens want to impact the next LDC update, he believes they should begin introducing themselves and their issues early in the process and try to continue participating throughout the process. He acknowledged that he, the other Council members, and many citizens invested hundreds of hours in the process. He opined that, in general, when people follow the process from beginning to end, they benefit. As soon as the State determines the community’s next focus, citizens should begin considering how the focus will affect how they want to do business in Corvallis. He acknowledged that the business community is a vital part of Corvallis. He said he did not like being on the opposite side of the fence from the Chamber. Councilor Griffiths thanked the members of the Council who stayed with the process from the stages of the 2020 Vision Statement and the Comprehensive Plan and those who joined the Council later. She noted that no one knew how the Vision Statement and the Comprehensive Plan would finally develop. She expects that some were surprised, some were pleased, and some had mixed reactions. She opined that the number of citizens who actively participated in Council discussions added excitement to the process. She observed that staff deserve a great deal of praise for the amount of time they spent on details and answering questions. She added that they exercised patience and thoroughness. She said staff effectively carried out the policy directions of the Council. She opined that everyone involved deserved congratulations. Councilor Schmidt recognized that four years were spent on the [Comprehensive Plan]/LDC update project; he was involved in the project during the last two years. December 11, 2000 – Council Minutes Page 822 He noted that he is not a member of the Chamber, so he is not persuaded by the Chamber’s views. From the perspective of a small business owner in Corvallis, he believes that the LDC limits the “big box” stores from coming to town. As a business owner, he does his best, but shopping options in Corvallis are limited. Despite people wanting to save gasoline, Albany is receiving more business from Corvallis residents. He said this is a case where building size, which the Council increased slightly, is eliminated for anyone coming to Corvallis. He noted this was cited as a problem for potential developments in South Corvallis. He reminded the Council that Heritage Mall was developed in Albany because of building size restrictions in Corvallis. He said he would vote against the LDC because of these restrictions. He congratulated staff and the Council for completing the LDC update project. Mayor Berg noted that it is important that Councilor Schmidt’s reservations be stated and that it be clear that the deliberations of the Council include more than one viewpoint. The ordinance passed eight to one, with Councilor Schmidt opposing, and will return for a second reading December 18th. Mayor Berg announced that, during the December 18th Council meeting, the last two ordinances will be read for a second time. The findings and conclusions were adopted by motion and need not be read again. Mayor Berg noted that the meeting packet included a memorandum from Mr. Nelson concerning Measure 7. She solicited comments from Mr. Nelson or Mr. Brewer. She reported that a temporary injunction had been issued concerning implementation of the measure. Mr. Nelson commented that implementation of Measure 7 is a work in progress. Councilor Beilstein requested clarification of the City’s strategy concerning Measure 7. He noted that the Council passed an incomplete ordinance to address Measure 7 claims. He inquired whether the Council would complete the legislation and adopt a hearing process, to accompany the claims process, or wait for results from the court challenges. Mayor Berg reported that she attended a League of Oregon Cities (LOC) Measure 7 Strategy Team meeting today. She said she did not know if Mr. Nelson or Mr. Brewer wanted to make recommendations to the Council. She reported that the LOC suit was consolidated with the suit filed by Governor McCall’s widow. The LOC attorneys involved in the case are advising cities not to pass implementation legislation. Apparently 1000 Friends of Oregon are determined to challenge any ordinances that include waivers; challenges must be filed within 21 days of passage of the applicable legislation. She expects that there will not be a decision from the Circuit Court for approximately one month; the case could be appealed to the Court of Appeals, which could delay a decision for eight additional months. Unless there is an order that Measure 7 be implement, the LOC’s previous advice has been overridden. She reminded the Council that it approved joining the legal challenge. She said she learned today that there are advantages to participating in the lawsuit. She explained that, if there is any question concerning whether Measure 7 could take effect, the cities which are parties to the lawsuit would retain the injunction, but other cities would not. December 11, 2000 – Council Minutes Page 823 Mr. Brewer concurred with Mayor Berg concerning the LOC’s position. He said his office did not necessarily agree with the LOC. He cautioned that the LOC may not have considered the fact that the injunction is temporary in nature. If the injunction is dropped, and no legislation is established, the immediate issue is how to handle claims. He said there is thought concerning using the time the injunction is in place to develop a better strategy. Unless there is litigation giving parameters for Measure 7, cities probably will not know any more than is known now. It is known that 1000 Friends of Oregon and LCDC stated that they would not look favorably upon ordinances with waiver provisions. It is also known that the measure’s sponsors will consider filing suits against any cities that establish procedures for processing claims because the measure does not contain language giving cities that authority. He expects that a definitive answer will not be available until a lawsuit is concluded. Mr. Nelson stated that staff does not intend to do any additional work until an indication is received from a court or other authority concerning what is specified. He said the City is in no worse position by not having a hearing process established than it was when the application process was established. Mr. Brewer added that Corvallis may be in a better position than cities that adopted a hearings process. Mr. Nelson stated that staff knows what is expected from LOC, LCDC, and 1000 Friends of Oregon. According to information he has received, most city managers are advising their Councils to retain what they have established at this time. Councilor Beilstein observed that it seemed that the Council’s actions were prudent. He opined that having a claims filing procedure will limit the filing of some frivolous claims because claims will not be accepted if the procedure is not followed. With the threat of a lawsuit from 1000 Friends of Oregon, the City is wise not to include the possibility of granting a waiver. He opined that the Council’s actions were not entirely accidental, but the City “lucked out.” Mayor Berg observed that the City Attorney’s Office and the City Manager worked hard on the legislation adopted and the remainder of the draft ordinance. Councilor Griffiths noted that the newspapers have consistently reported the parties to the lawsuit, but Corvallis has not been included in the listing. She inquired about the City’s standing in the lawsuit. Mayor Berg responded that, at today’s LOC meeting, it was announced that Ashland and Corvallis joined the suit. Mayor Berg stressed the importance of keeping the issue before the community and the Council. She assured the Council that it would be informed of anything she or staff learns. Mayor Berg announced that December 18th will mark the last meeting for the 1999-2000 Council. She remarked that she had often referred to the Council as the “Turn of the Millennium Council” She noted that this had been a lively year for the Council. Upon inquiry, all Councilors responded that they would be in attendance December 18th. December 11, 2000 – Council Minutes Page 824 III. ADJOURNMENT The meeting was adjourned at 7:50 pm. APPROVED: MAYOR ATTEST: CITY RECORDER December 18, 2000 – Council Minutes Page 831 CITY OF CORVALLIS COUNCIL ACTION MINUTES December 18, 2000 The regular meeting of the City Council of the City of Corvallis, Oregon, was called to order at 12:02 pm on December 18, 2000, in the Downtown Fire Station, 400 NW Harrison, Corvallis, Oregon, with Mayor Berg presiding. PLEDGE OF ALLEGIANCE I. ROLL CALL PRESENT: Mayor Berg, Councilors Griffiths, Tomlinson, Barlow-Pieterick, Grosch, Howell, Peters, Schmidt, Beilstein ABSENT: Councilors Wogaman (excused) Mayor Berg welcomed to the meeting the Council’s special guest, Oregon State University (OSU) mascot Benny Beaver. Councilor Tomlinson played the OSU fight song, and the Council members and supporting staff performed the O-S-U cheer, complete with arm gestures, and waved pompoms. The Council posed for photographs with Benny. Councilor Tomlinson presented Benny with a Corvallis pin, which he asked Benny to wear to the Fiesta Bowl in Tempe, Arizona. Mayor Berg announced that the Council would send holiday greetings to the mayor and city council of South Bend, Indiana, home of Notre Dame University, with the added caution, at Councilor Griffiths’ suggestion, to “Rest up because your New Year’s Day will be difficult!” She added that a greeting would also be sent to Notre Dame football coach Davie, who thought his team would be playing Oklahoma State University. At Councilor Griffiths’ suggestion, a post script will be added to the greeting indicating that OSU has an excellent geography department. Mayor Berg directed Councilors’ attention to items at their places, including December 12th and 13th e-mail messages from Jeff Skilansky and Christina Sever, respectively, concerning Heartland Humane Society (HHS) and the City’s living wage legislation; a December 15th memorandum from Portland State University announcing a certified population estimate of 52,215 for Corvallis, effective July 1, 2000; the August 1999 “Notice of City Measure Election” living wage ballot title; and Municipal Code Chapter 1.25, “Living Wage,” and a proposed motion for the Council’s consideration at the conclusion of today’s executive session. II. CONSENT AGENDA It was moved, seconded, and unanimously carried to adopt the Consent Agenda as follows: A. Reading of Minutes 1. City Council Special Meeting - November 29, 2000 2. City Council Meeting - December 4, 2000 3. City Council Special Meeting - December 11, 2000 4. For Information and Filing (Draft minutes may return if changes are made by the Board or Commission) December 18, 2000 – Council Minutes Page 844 considered an “internal use.” He said the City and County would be exempt from rental fees for use of Library rooms. He said the fees were increased to $15 per hour for the large room and $10 per hour for the small room. It was moved, seconded, and unanimously passed to approve Council Policies CP 92- 4.05, “Library Meeting Rooms Policy,” CP 92-4.06, “Library Displays, Exhibits, and Bulletin Boards,” and CP 95-4.08, “Code of Conduct on Library Premises,” as amended. 4. Liquor License Process Councilor Beilstein reported that the revisions to the Council Policy address legislative changes passed by the Oregon Legislature which are effective January 1, 2001. Through the legislative changes, the liquor license application review by the City is now limited to 30 days, and a fee schedule is established. He reviewed the changes as follows: a. A single reading before the Council is required for approval of liquor license requests. b. The application fee is now classified as an application processing fee. c. Advertising costs associated with the liquor license request are now included in the application processing fee. d. It is required that the Finance Director file for an extension, in the event the Council votes against the liquor license request. It was moved, seconded, and unanimously passed to approve the recommended changes to Council Policy CP-91-1.02, “Liquor Licenses Approval Procedures.” Mr. Fewel read an ordinance relating to liquor license processing fees, amending Municipal Code Chapter 8.03, “Fees.” ORDINANCE 2000-41 passed unanimously. C. Urban Services Committee - None D. Other Related Matters 1. Mr. Fewel read for a second time an ordinance relating to Land Use, amending a Comprehensive Plan and Comprehensive Plan Map for the City of Corvallis, establishing findings, amending Ordinance 98-53 as amended, and stating an effective date (CPA00-00007). Councilor Schmidt stated that he would oppose this and the next ordinance, based upon many citizens objecting to the proposed Land Development Code (LDC). He believes it would be appropriate to reconsider the LDC. He said several councilors attended the Corvallis Area Chamber of Commerce breakfast meeting recently and heard citizens’ comments concerning the LDC. He had hoped the meeting could have been held prior to the Council’s first vote on the ordinance. When he was a child December 18, 2000 – Council Minutes Page 845 living on NW Ninth Street (Ninth), he did not think he would end up on the City Council determining zoning for Ninth, where his family lived and his grandfather farmed. He observed that changes in the LDC regarding Ninth were very minor. He believes that Ninth has been pedestrian friendly since he was a child walking on wooden plank sidewalks and riding a bicycle on a gravel street. He noted that most traffic bypasses Ninth by using Oregon Highway 99-West (Hwy 99W). He referenced the many comments concerning potential effects on businesses along Ninth, noting that the proposed LDC restricts the size of buildings. Referencing his own business, he said it took him six months to get a permit to construct an addition to his building. He believes the LDC changes will impact businesses throughout the community. He suggested reconsidering the proposed LDC changes. In response to Mayor Berg’s inquiry, he said he would not propose amendments to the ordinance. ORDINANCE 2000-42 passed seven to one, with Councilor Schmidt opposing. 2. Mr. Fewel read for a second time an ordinance relating to Land Use, amending a Land Development Code and Zoning Map for the City of Corvallis, establishing Procedures, Development Standards, and Findings, amending Ordinance 93-20 as amended, and stating an effective date (LDT00-00002, ZDC00-00009). ORDINANCE 2000-43 passed seven to one with Councilor Schmidt opposing. 3. Mr. Fewel read an ordinance ratifying amendments to the Intergovernmental Agreement which created the Oregon Cascades West Council of Governments. ORDINANCE 2000-44 passed unanimously. 4. Mr. Fewel read a resolution authorizing the issuance of General Obligation Bonds (open space land acquisition) in the principal amount not to exceed $7,900,000 for the purpose of financing the acquisition of land for open spaces, and providing for related matters. RESOLUTION 2000-66 passed unanimously. Mayor Berg stated that this was the last meeting of the 1999-2000 “Turn of the Millennium City Council.” When the Council took office, she had no idea the broad array of issues that would be reviewed by the Council. She recognized the departing Councilors as follows: Patrick Peters – She characterized Councilor Peters as unique among City Councilors, noting that he served three terms from two different wards. He served principally on the Human Services Committee, as Council liaison to the Community Services Consortium Board, the Benton County Human Services Advisory Board, and the Affordable Housing Task Force. When Councilor Peters moved from Ward 1 to Ward 2 and the Downtown area moved from Ward 3 to Ward 2, Councilor Peters became the Council liaison to the Downtown Corvallis Association. He served as Council Vice President and then President. She noted that, over the years, Councilor Peters kept a close eye on the Mayor’s parliamentary procedures. 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GR AN T P L GR AN T A VEN U EDALE DR IVE KL INE PL AC EDALE P L SO US A P L FER NW OOD CIR CL E LIN CO LN CO U RT LI N CO L N AVEN U E OA K D EL L P L WE ST WO O D PL ME RR IE DR IVE FE RN WO OD PL 3 6T H S TR EE T WO O D L A ND DR IVE MUL KE Y AVE N UE 26 TH ST RE E T HIL LC RE ST DR IV E LI N CO L N AVEN U E LI N CO L N AVEN U E 35 TH ST RE E T EL IZA BE TH DR IV E WI TH AM DR IVE 36 TH ST RE E T 35 TH ST RE E T FIL L MO RE AVEN U E FIL L MO RE AVEN U E 34 TH ST RE E T 33 RD ST RE ET 33 RD ST RE ET 32 ND ST RE ET 31 ST ST RE E T 30 TH ST RE E T TAY LO R AVEN U E PO LK AVEN U E 30 TH ST RE ET PO LK A VEN UE 29 TH ST R E ET 28 TH ST RE E T 28 TH ST RE E T 27 TH S T RE E T 27 TH S T RE E T 26 TH ST RE E T 25 TH ST RE E T 25 TH ST RE E T TAY LO R AVEN U E COO L ID G E W A Y HA RR I SON B O U LE V ARD ELI Z A B E TH P LA C E CL AR EN CE CIR CL E ME R RIE DR IV E WI T H A M DR IV E TY L E R PLACE 35 TH ST RE E T 33 RD ST RE ET 31 ST ST RE E T 30 TH ST RE ET HA RR I SON B O U LE V ARD HA RR 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TUNISON AVE NUE BU TT ER FIE LD P LA CE BU TTE RF IEL D PL AC E DE BO RD S TR EE T MAYB E RR Y AVE N UE AL EX AN DE R PLA CE LI L LY AVEN U E ST ON E S TR E E T BE TH EL S TR EE T BE TH E L P LA CE LI L LY PL ACE CRY STA L C IRC LE CR YS TA L L AK E DR IVE S 3R D ST RE ET OR EG ON H IGH WA Y 9 9 W SE CHE R AVE N UE RE DT O P D R I VE BL U EST EM D R I VE BA RL E Y HI L L DR IV E CO UN T RY CL UB D R I VE CO UN T RY CL UB D R I VE COU NT R Y CLU B D R IV E LO N G AV EN U E WI LL AME T TE AV EN U E CHI NT I MI N I AVEN U E CASCAD E AVEN U E WH ITE SID E A VE N U E HI L L TO P D R I V E WH I TE S ID E D R I V E BR OO K L AN E D RIV E BR OO KLA NE DR IV E FAI RHAVE N D RI VE DE AR MO N D DR IVE FA IRM ON T D RIV E FA I R H A V EN DR WHI TE SI D E D R IV E AGAT E AV EN U E CO UN T RY CL UB D R I VE 71S T S T R EE T PHI LO MA T H B OUL E V A RD HERBERT AVE NUE 72 ND ST RE ET 69 TH ST RE E T PHI LO MA T H B OUL E V A RD AL LE N ST RE ET KIN GS BO U L EV AR D GA RR YA NN A S TR EE T PE N D L DO U G LA S PL AC E FIR WO O D DR CIR C L E B O U L EV A RD S P R R DR I V E BU T TE R CU P D R IV E BU TT ER CU P D RIV E OW L P L H ER O N P LOSPRE Y PL ACACI A D R OT AN A DR IVE OT AN A PL BU C KW HEA T DR RO SEB E RR Y ST R EE T ASTE R ST R EE T 49 TH ST RE E T CO UN TR Y C LU B P LA CE IVY PL AC E 37 TH ST RE ET PA RK PL SU M M ER FIE L D CT ST EL LA R D R PAR TR IDGE DR WE ST HIL LS P L 45 TH ST RE ET ST RE E T LO NG HIL L RO TH ST RE ET ANJNI C IRCLE DR IVE GL EN RI DG E MARY'S RIVER WIL LA ME TTE WILL AME TTE RIV ER MA RY ' S RIV E R RIVER MA RY ' S RIVER Dr Conifer Blvd Airport Ave Gl en rid ge D r Elks Dr Research Way Herbert Ave 3rd St 45 th St ree t 53 rd St West Hills Rd Philom ath Bl vd. Country Club Dr ORE 34 US 20 Blvdestern Br oo kla ne US H W Y 99 W Cr ys tal La ke D r Rivergreen Ave Kiger Island Dr Park Ave Goodnight Ave Monro e Ave 29 th St Oa k C ree k D r Reservoir Ave. 36 th St Harrison Blvd 53 rd St 35 th S t Ponderosa Ave. Walnut Blvd Wi tha m H ill Kin gs B lvd 4th St Grant Ave ORE HWY 34 Seavy Ave. US HW Y 2 0 BlvdCircle 9th St U. S. H wy 99 W Ell iot t D r Cr es ce nt Va l Hi gh lan d D From Community Shopping to Major Neighborhood Center From Shopping Area to Major Neighborhood Center From Linear Commercial to Mixed Use General Commercial From Linear Commercial to Mixed Use Community Shopping From Linear Commercial to Major Neighborhood Center From Shopping Area to Minor Neighborhood Center From Shopping Area to Major Neighborhood Center From Shopping Area to Minor Neighborhood Center From Linear Commercial to Mixed Use General Commercial From Shopping Area to Minor Neighborhood Center North Campus Area: From R -9 to RS-9(U) From RS-20 to RS-12 From Mixed Use Commercial to Mixed Use Community Shopping From Central Business to Riverfront From Central Business to Agriculture - Open Space From Shopping rea to Mixed Use Community Shopping From RS-5 to RS-9 From OSU to Research Technology Center From RS-3.5 to RS-5 From RS-3.5 to RS-5 From RS-5 to RS-6 From RS-9 to RS-12 From Shopping Area to RS-12 From RS-3.5 to RS-5 From RS-6 to RS-9 From Shopping Area to Mixed Use Community Shopping From Linear Commercial to Mixed Use Community Shopping From Special Shopping District to Mixed Use General Commercial From RS-3.5 to RS-5 From RS-3.5 to RS-5 From Community Shopping to Mixed Use General Commercial From RS-3.5 and RS-5 to RS-6 From RS-20 and Limited Industrial to RS-9 Changes to Mixed Use Employment From General and Intensive Industrial to Mixed Use Transitional From Linear Commercial to Mixed Use Community Shopping From RS-3.5 to RS-5 Changes to Mixed Use Employment From Linear Commercial to Minor Neighborhood Center From Linear Commercial to Mixed Use Community Shopping From RS-12 to Mixed Use Community Shopping From Mixed Use Commercial to Major Neighborhood Center From Linear Commercial to Mixed Use Community Shopping From General and Intensive Industrial to Limited Industrial - Office From General Industrial to Limited Industrial - Office From RS-9 to RS-12 From RS-9 to RS-12 From General Industrial to Mixed Use Employment From RS-9 to Minor Neighborhood Center From RS-3.5 to RS-5 From RS-3.5 to RS-5 Zoning: From RS-3.5 to RS-9 Comp Plan: From LD to MD Zoning Correction: From RS-3.5 to RS-9 Zoning Correction: From RS-12 to RS-9 From RS-3.5 to RS-5 Comp Plan Correction: From MD to MHD Zoning Correction: From RS-12 to RS-9 From Shopping Area University to Minor Neighborhood Center Comp Plan Correction: From LD to MD Comp Plan Correction: From MD to MHD Comp Plan Correction: From GI to MUC Zoning Map Corrections: From RS-9 to GI and From GI to RS-9 Comp Plan Correction: MHD portion to MD Zoning Correction: From RS-3.5 to RS-9 Comp Plan Correction: From LD to OS-C Comp Plan Correction: From LD to MD Comp Plan Correction: From MD to LD Zoning Correction: From RS-12 to RS-9 Comp Plan: From Mixed Use Residential to Medium-High Density Residential Comp Plan: From Mixed Use Residential to Public Institutional Comp Plan: From Mixed Use Residential to Medium-High Density Residential Comp Plan: From Medium Density Residential to Low Density Residential Comp Plan: Minor Neighborhood Center Circle Proposed to be Deleted Comp Plan Correction: From MHD to PI Comp Plan: Minor Neighborhood Center Circle Proposed to be Deleted Comp Plan: Minor Neighborhood Center Circle Proposed to be Deleted Comp Plan Correction: From MHD to MD Comp Plan: From MUR to MHD Comp Plan: Portion From MUC to MUR Walnut Park: From RS-3.5 to AG-OS City-owned Drainageway: Comp Plan: from LD to OS-C Zoning: From PD(RS-3.5) to PD(AG-OS) City-owned Drainageway: From PD(RS-3.5) to PD(AG-OS) City-owned Drainageway: From PD(RS-3.5) to PD(AG-OS) Timberhill Park: From PD(RS-3.5) to PD(AG-OS) Timberhill Park: From PD(RS-20) to PD(AG-OS) Brandis Park: From RS-3.5 to AG-OS Brandis Park: From PD(RS-5) to PD(AG-OS) City-owned Drainageway: From PD(RS-5) to PD(AG-OS) Comp Plan: From LD to MD Zoning: From RS-3.5 to RS-9 Village Green Park: From RS-3.5 to AG-OS City-owned Drainageway: Comp Plan: From MHD to OS-C Zoning: From RS-12 to AG-OS City-owned Drainageway: Comp Plan: From LD to OS-C Zoning: From RS-6 to AG-OS City-owned Drainageway: Comp Plan: From MHD to OS-C Zoning: From PD(RS-12) to PD(AG-OS) City-owned Drainageway: Comp Plan: From LD to OS-C Zoning: From RS-3.5 to AG-OS Porter Park: From RS-3.5 to AG-OS Cloverland Park: From RS-3.5 to AG-OS From Shopping Area to Mixed Use Community Shopping Woodland Meadow Park: From RS-3.5 to AG-OS Woodland Meadow Park (Corl House Area): Comp Plan: From LD to OS-C Zoning: From RS-3.5 to AG-OS Arnold Park: Comp Plan: From LD to OS-C Zoning: From RS-3.5 to AG-OS North Campus Area: From RS-9 to RS-9(U) Chintimini Park: From RS-20 to AG- S Franklin Square Park: From RS-9 to AG-OS Central Park: From RS-12 to AG-OS From Community Shopping to Major Neighborhood Center Sunset Park: From PD(R -9) to PD(AG-OS) Starker Arts Park: From PD(RS-3.5) to PD(AG-OS) Comp Plan Correction: MUC portion to RTC: Zoning Correction: Community Shopping portion to RTC From PD(RS-3.5) to PD(AG-OS) From RS-3.5 to AG-OS City-owned Drainageways From RTC to AG-OS From PD(RS-5) to PD(AG-OS) Comp Plan: From LD to OS-C Zoning: From PD(RS-5) to PD(AG-OS) Oak Creek Park: From RS-20 to AG-OS City-owned: From RS-3.5 to AG-OS Avery Park: From RS-3.5 to AG-OS Pioneer Park: From RS-12 to AG-OS City-owned: From RS-20 to AG-OS City-owned Drainageway: Changes to AG-OS Lilly Park: From RS-5 to AG-OS City-owned Drainageway: From RS-5 to AG-OS Area A Comp Plan Correction: From MD to MHD Area B Area C Area D Area E Area F Comp Plan: From Medium Density Residential to Low Density Residential From RS-5 to RS-9 Tunison Park: From RS-12 to AG-OS Key to Explanatory Tags: Other Recommended Zoning Map and/or Comprehensive Plan Map Changes Property Owner Mapping Requests Proposed Changes to Implement Comprehensive Plan, as Recommended by Technical Review Groups and/or Planning Commission Peanut Park: Comp Plan: From HD to OS-C Zoning: From RS-20 to AG-OS From Shopping Area to MUCS Comp Plan: From MUR to LD From PD(CS) to PD(MUCS) From PD(LC) to PD(MUCS) From PD(P-AO) to GI Area G From PD(RS-12) to PD(RS-9) Area H Area J Area L Area M Area N Area O Area P Area Q Area R Area S Area T Area K From RS-12 to Minor Neighborhood Center Timberhill Area: Map Discrepancies and Adjustments to Low Density Residential Lands to be Reviewed Through Separate Process City-owned Wetland: Comp Plan: From LD to OS-C Zoning: From RS-3.5 to AG-OS Proposed Removal of PD Overlay Zone Zoning Correction: From PD(RS-12) to RS-9 From PD(RS-3.5) to RS-5 Proposed Removal of PD Overlay Zone Proposed Removal of PD Overlay Zone From PD(RS-20) to Minor Neighborhood Center From PD(RS-3.5) to RS-5 From PD(RS-3.5) to RS-3.5 Proposed Removal of PD Overlay Zone Changes to Implement Adopted Comprehensive lan, as Recommended by Technical Review Groups and/or Planning Commission Proposed Agriculture - Open Space Zoning for City-Owned Properties Subject to Open Space - Conservation Comprehensive Plan Designation Chang s to Impl ment Adopt d Co prehensive Plan, as Recommended by Technical Review Groups and/or Planning Commission i l i i i j Proposed Corrections to Zoning Map and/or Comprehensive Plan Map Discrepancies r rt r i t Proposed Removal of Planned Development Overlay on Zoning Map From PD(RS-12) to RS-12 Request 8: Sherton Not Recommended by Commission & Council From Linear Commercial to Mixed Use Community Shopping Request 3: Pacheco, et al: Recommended by Planning Commission Request 9: Post Not Recommended by Commission & Council Request 10: Jones - Not Recommended by Commission & Council Request 11: Dasteur Not Recommended by Commission & Council Request 7: Timmons Recommended by Planning Commission Request 1: Weber Not Recommended by Commission & Council Request 2: Theis Not Recommended by Commission & Council Area I Request 5: Snyder, et al Not Recommended by Commission & Council Request 6: Holst - Not Recommended by Commission & Council Comp Plan: Neighborhood Center Study Area Proposed to be Deleted Comp Plan: Neighborhood Center Study Area Proposed to be Deleted Comp Plan: Neighborhood Center Study Area Proposed to be Deleted Comp Plan: Neighborhood Center Study Area Proposed to be Deleted Comp Plan: Neighborhood Center Study Area Proposed to be Deleted Comp Plan: Neighborhood Center Study Area Proposed to be Deleted Request 4: Kimmel Not Recommended by Commission & Council Request 12: Meyer Motels Change back to MUCS; Recommended by Council Request 16: Baco Recommended by Council Request #13: Bennett Retain PD Overlay for res'l properties, S. Corvallis Town Center; rec. by Council Request #15: Hotchkiss - Retain RS-3.5 zone; recommended by Council From PD(RS-12) to Mixed Use Residential Request #14: Kings Circle Assembly of God - Move RS-12/MUR zone boundary to align with water line; recommended by Council Request #17: Gerding - From MUCS to RS-20; Not yet review ed by Council City-owned Drainageway: Comp Plan: From LD to OS-C; Zoning: From PD(RS-3.5) to PD(AG-OS) City-owned Drainageway: Comp Plan: From GI to OS-C; Zoning: From GI to AG-OS DRAFT PROPOSED ZONING & COMPREHENSIVE PLAN MAP CHANGES (Includes Planning Commission & City Council Recommendations) Last Revised 11-8-2000 Zoning Map Designations: GI = General Industrial LI-0 = Limited Industrial - Office MUE = Mixed Use Employment MUT = Mixed Use Transitional RTC = Research Technology Center Industrial: MUCS = Mixed Use Community Shopping MUGC = Mixed Use General Commercial Major NC = Major Neighborhood Center Minor NC = Minor Neighborhood Center Commercial: MUR = Mixed Use Residential RS-12 = Medium-High Density Residential RS-5 = Low Density Residential RS-6 = Low Density Residential RS-9 = Medium Density Residential RS-9(U) = Medium Density Residential - University Residential: AG-OS = Agriculture - Open Space Planned Development Overlay RF = Riverfront Other: MUR = Mixed Use Residential OS-C = Open Space - Conservation LD = Low Density Residential MD = Medium Density Residential MHD = Medium-High Density Residential MUC = Mixed Use Commercial PI = Public Institutional RTC = Research Technology Center Minor Neighborhood Centers (Proposed for Deletion) Comprehensive Plan Map Designations: (Limited to Those Designations Shown on Map) Residential: Commercial: Industrial: Other: Parcels Urban Growth Boundary City Limits (Limited to Those Designations Shown on Map) City of Corvallis Planning Division Proposed Zoning & Comprehensive Plan Map Changes For Review: November 20, 2000 City Council Public Hearing (Last Revised November 8, 2000) N RS-3.5 = Low Density Residential 500 0 500 1000 Feet ATTACHMENT A The Major and Minor Neighborhood Center Circles on the Comprehensive Plan Map will be centered on the areas zoned Neighborhood Center (Major or Minor) on the Zoning Map. A Comprehensive Plan Text Amendment is recommended to include the following definition for Neighborhood Center Study Area: "Areas of the City that are more than 1/4-mile from an existing Neighborhood Center (Major or Minor), with density sufficient to support a Neighborhood Center. " Neighborhood Centers: Notes: Drainageways: Publicly-owned drainageways are proposed to be zoned Agriculture - Open Space (AG-OS). The appropriate zoning for privately-owned drainageways will be evaluated in conjunction with a future phase of the Land Development Code Update. 20 TH S TR E E T DR EA M PL WOOD CIR C L E S P R R SPRUCE AV ENUE SYCA MOR E A VE NUE JA NS SE N ST R E ET SE QUO I A A VE N UE CYPRESS AVEN UE IR ONWO OD A VE N UE WA YL A N D ST RE ET OAK AV ENUE FA IRL AW N ST RE ET HI GH LA N D D RIV E LI NDE N AV E NUE OAK AV ENUE BE LV UE S TR EE T WOOD CREST AVE LAWN DA LE P L BE LV UE S TR EE T JA CK LO ND ON S T CO NS ER STR EE T SEA VY A VENU E SO R R EL PLAC EJ AS PE R S TR E E T CO NS ER S T RE ET DI ANE PLACE PL ACE LO R VIK KIR ST EN PLACE ANG EL E E PLAC E G L AC IER W A Y BOU LD E R PL CO N ROY PL CON S E R P L BU R KE P L MA N C HE S TE R S TRE ET LO ND ON BE RRY WA Y CA NTERB URY C I CLE DORC HES TER WA Y SH ER WO OD PL SHE RWOOD WAY CA MBRI D GE CIRCLE PL Y M OU TH CI RC LE LA NC AS TE R ST RE ET LA NC A S TE R S TRE E T ME AD O W PAR K C IR CL E NE W CA ST LE PLA CE PO WDERHORN D RIVE FL 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T H S TR EE T 11T H S TR EE T 13 TH ST RE ET 14 TH ST RE ET 16 TH ST RE ET 17T H S TR EE T 18 TH ST RE ET 18 TH ST RE ET 17 T H S TR EE T 16 TH S T RE ET 15 TH S TR EE T 14 TH S TR EE T 13 TH ST RE ET 12T H S TR EE T 11T H S TR EE T 10 TH ST R E ET 19 TH ST RE ET TY L ER AVE N UE POLK A VENU E TAY L O R A VE NU E HAR RI SON B L VD VAN B U RE N AVE N UE JACK S ON AV E NUE 6T H S TR EE T 5T H S TR EE T FRE M ONT A VE NU E FI LLM O R E AV E NU E RE I MA N AVE NUE FI LL MO R E AV E NUE BU CH A NAN AVEN U E BUCH AN AN A VE NUE LI NC OLN AV ENUE 12 TH S T R EE T DI XO N ST RE ET 14 TH ST RE ET 15 TH ST RE ET 16 TH S TR E E T 17T H ST RE ET 18 TH S T R EE T 19 TH S TR EE T KIN GS BO UL EV AR D 11T H ST R E ET 10 TH S T R EE T GRAN T A VENUE BE C A A VE N UE 20 TH S T GRAN T CIRC LE 17TH PL 20TH PL LI N CO L N AVEN U E DRAP ER PL DI VIS IO N S T GRE E LE Y A VE NUE 15TH ST REET 13 TH S TR EE T 14 TH STRE E T GA RF IE LD A VE NUE REN NIE P LA C E BYRON P LA CE HA Y E S A VE N UE GARF I E LD AV 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AV E NUE MONR OE AV E NUE MONR OE AV E NU E JEFFERSON AV ENUE 15 TH ST RE E T U S HW Y 20 OR EG ON H IG H W AY 9 9W 8T H S TR EE T 10 TH ST RE ET 15 TH ST RE ET ETO N PL 27 TH S TR E E TC IRC LE PL AC E 29 TH S TR E E T ARTH UR A VENUE GARF IELD AV ENUE 27 TH S T R EE T DOUGL AS AV ENUE HOUS TO N PL W OO DL AN D DR IVE MO R GA N P L JA ME SO N PL JA MES ON DRIV E ES TA VIE W LA NT AN A D RIV E NOR W OO D D RI V E LY NW OO D C IRC LE HA WT HO R N E PL JU NI PER PL AR BO L P LA CE CREST DRIV E CRE S T D R I V E HAYES AVEN UE GARF IELD AV ENUE HA YES A VEN UE GR EENWO OD AVEN UE GR EE NW OO D P LH A Y E S A V E N U E SY L V A N D R IV E VIS TA PL AC E FO RE ST D R I V E AL TA VI ST A DR IVE GR EE NW O O D D RIV E SP RIN G ST RE E T AL TA VI S T A DR I VE MULKEY A VEN UE 30 TH S T RE ET GREELEY AV ENUE 29 TH S TR E E T GR AN T P L GRAN T A VENUEDAL E DR IV E KL IN E P LA CEDAL E P L SO US A P L FER N W O O D CIR CL E LIN C O LN CO U RT LI NC OLN AV ENUE OA K D EL L P L WE ST WO OD PL ME RR IE DR IVE FE RN WO OD PL 3 6T H ST RE ET WO O D L A ND DR IVE MULKEY A VEN UE 26 TH ST RE ET HI LL CR E S T D RI V E LINC OLN AV ENUE LI NC OLN AV ENUE 35 TH S TR E E T EL IZA BE TH DR I VE WI TH AM D RIV E 36 TH S TR E E T 35 TH S TR E E T FILLM ORE A VEN UE FI LLM ORE A VEN UE 34 TH S TR E E T 33 RD S TR E E T 33 RD S TR E E T 32 ND S TR E E T 31 ST S TR EE T 30 TH ST RE ET TAYLOR AV ENUE PO LK AV ENUE 30 TH ST RE ET POL K AV E NU E 29 TH S TR EE T 28 TH S TR E E T 28 TH S TR E E T 27 TH S TR E E T 27 TH S TR E E T 26 TH S TR E E T 25 TH S TR E E T 25 TH S TR E E T TAYLOR AV ENUE CO O L ID G E W A Y HA RRI SON BO ULEVA RD EL IZ AB E TH P LA C E CL AR EN CE CIR CL E ME R RI E D RIV E WIT H A M D R IV E TYL E R PLACE 35 TH S TR E E T 33 RD S TR E E T 31 ST S TR EE T 30 TH ST RE ET HA RRI SON BO ULEVA RD HA RRI SON BO ULEVA RD VA N BU REN A VENU E JA CKS ON AV ENUE 35 TH S TR E E T 33 RD S TR E E T 32 ND S TR E E T VA N BU REN A VENU E JA CKS ON AV ENUE 31 ST S TR EE T 30 TH ST RE ET 29 TH S TR E E T 28 TH S TR E E T 27 TH S TR E E T AR N O L D W A Y SHO RT A VE 25 TH S TR E E T TY LE R AV E NUE JOH NS ON AV ENUE ORC HA RD A VEN UE WIT H A M H ILL D R IVE CIR CL E B O U L E V A R D W IT H A M H IL L D RI V E CIRC LE B OUL EVA RD CIRC LE B OULEVA RD WES TER N B OUL EV A R D 26 TH ST RE ET MOR RI S A VEN UE GR OV E S T RE ET GR OV E S TR E E T PO PL AR PL AC E ST AM M PL AC E HI L-W OO D PL 35 TH S TR EE T 35 TH S TR EE T U S H WY 2 0 OE TJE N BLV D WES TERN BOULEV ARD WE ST ER N B OU LEV A RD U S H WY 2 0 ST OP P P LA CE SU NS ET DR IVE SU NS E T DR I VE TIM IA N S TR EE T 47 TH S TR EE T DAKO TA AV ENUE DRESD EN A VEN UE NEER A VENUE SU NS ET D R IVE SC O T T S TR EE T WES T H ILLS ROAD RESERVO I R A VENUE CH E RR Y AV E NU E 56 TH S TR EE T 55 TH S TR EE T 54 TH S TR E E T 53 RD S TR E E T WI LLOW A VEN UE DON OVAN PL WES T H I LLS ROA D WES T H I LLS ROA D 53 RD S TR EE T 53 RD S TR E E T PHI LO MATH BOU L EVA R D HELEN AV EN UE TECH NOLO GY LO OP RESEA RCH WA Y 53 RD S TR E E T MA RT IN ST RE ET SQ U AW C RE EK PL PAR P LACE BI R DI E D R IVE BI RD IE DR IVE 35 TH S TR EE T COUN TRY C LUB D R I VE RE SE AR CH W AY RE ED PL AC E KN OLLB ROOK A VEN UE KN O LLB RO O K PLACE 35 TH S TR E E T BR OO KL AN E D RIV E U S HW Y 20 WES T H ILLS ROAD PHI LO MATH BOU L EVA R D OAKS HA DE D RI VE 66 T H ST RE ET LI NC OLN AV ENUE TYLE R A VE N U E MONR O E AVE NUE RI VERGREEN A VENUE VIL L A PL VIL LA DR IV E CH AR LO T TE PL HA T HA WA Y PL HA TH A WA Y D RI VE HA TH A WA Y GOOD NIGHT AVEN UE GL EN N ST RE ET CO LL I NS P LA CE AL DR IN PL AC E DE BO RA H P LA CE LIN DA S T RE ET SU M ME RFI E L D KE N W AY GR EE N DRI V E DR I VE MO R E PL DENNIS AVEN U E WAKE R OBI N A VENUE PA RK A VEN UE PIC KF OR D ST RE ET WA K E RO BIN PL LE ON AR D ST RE ET PIC KF OR D ST RE ET PA RK A VE N UE BELL A VEN UE BE LL AVE N U E DE N M AN AVE N UE PO WE LL A VE N UE MA RI ON A VENUEMA RI ON A VENUE RY AN S TR EE T TH OM PS ON S TR EE T RICH LAN D AV ENUE RICH LAN D AV ENUE MA SO N P LA CE MI CA H PL AC E PO WE LL PL AC E PO WELL AV EN UE VIEWM ONT AV ENUE ALEX A NDER AV ENUE TH OM PS ON S TR EE T RY AN S TR EE T VI EWM ONT AV ENUE DORO THY A VEN UE CU RR IER S T ALEX A NDER AV ENUE S. P. R. R. TUNISON AV ENUE BU TT ER FIE LD P L A CE BU TT ER FIE LD P LA CE DE BO RD S TR EE T MA YBERRY AV ENUE AL EX AN DE R PLA CE LI LLY A VENUE ST ON E S TR E E T BE TH E L S T R EE T BE TH E L P LA C E LILLY PLACE CR Y ST AL CIR CL E CR YS TA L LA KE D RIV E S 3R D S TR EE T OR EG ON H IG H W AY 9 9W SEC HER A VEN UE RED TOP D RIVE BLUEST EM D RIVE BA RL E Y H IL L D RI V E CO UNTRY C LUB DRI VE CO UNTRY C LUB DRIVE COUNTR Y C LUB D RI VE LONG AV E NUE WI LLAM ETTE A VEN UE CH I NTI M I NI A VEN UE CA SC A DE A VEN UE WH ITE SID E A V E NU E HI LLTOP D RI VE WH I TE SI DE D RIV E BR OO K L AN E DR IV E BR OO KL A N E D RIV E FA IRHA VEN DRIV E DE AR MO N D D RIV E FA IRM O N T D R IV E FA IR HA V EN DR WHI TE S I DE DR IV E AGA TE A VE N UE CO UNTRY C LUB DRIVE 71S T S T R EE T PHI LO MATH BOU L EVAR D HERBERT AV ENUE 72 ND S TR EE T 69 TH S TR E E T PHI LO MATH BOU L EVA R D AL LE N ST RE ET KIN GS BO UL EV AR D GA RR YA NN A ST RE ET PE N DL DO UG LA S PL A C E FIR WO O D D R CIR CLE B O ULE V AR D S P R R D R I V E BU T TE R CU P D R IV E BU TT ER CU P D RI VE OW L P L H ER O N P L OSP R EY PL ACACI A D R OTANA DR IVE OTAN A PL BU C KW HEA T DR ROSEB ERRY STR EET AS TER STREET 49 TH S TR EE T CO UN TR Y C LU B PL AC E IVY PL AC E 37 TH S TR EE T PA RK PL SU M M ER FIE L D CT ST EL LA R D R PAR TR IDGE DR WE ST HI L L S P L 45 TH S TR E E T ST RE E T LO NG HI LL RO TH S TR EE T ANJ N I CI RC LE DR IVE GL EN RI DG E MARY'S RIVER WIL LA ME TTE WILL AME TTE RIV ER MA RY 'S RIV E R RIVER MA RY ' S RIVER Dr Conifer Blvd Airport Ave Gl en rid ge D r Elks Dr Research Way Herbert Ave 3rd St 45 th St ree t 53 rd St West Hills Rd Philom ath Bl vd. Country Club Dr ORE 34 US 20 Blvdestern Br oo kla ne US H W Y 99 W Cr ys tal La ke D r Rivergreen Ave Kiger Island Dr Park Ave Goodnight Ave Monro e Ave 29 th St Oa k C ree k D r Reservoir Ave. 36 th St Harrison Blvd 53 rd St 35 th S t Ponderosa Ave. Walnut Blvd Wi tha m H ill Kin gs B lvd 4th St Grant Ave ORE HWY 34 Seavy Ave. US HW Y 2 0 BlvdCircle 9th St U. S. H wy 99 W Ell iot t D r Cr es ce nt Va Hi gh lan d From Community Shopping to Major Neighborhood Center From Shopping Area to Major Neighborhood Center From Linear Commercial to Mixed Use General Commercial From Linear Commercial to Mixed Use Community Shopping From Linear Commercial to Major Neighborhood Center From Shopping Area to Minor Neighborhood Center From Shopping Area to Major Neighborhood Center From Shopping Area to Minor Neighborhood Center From Linear Commercial to Mixed Use General Commercial From Shopping Area to Minor Neighborhood Center orth Campus Area: From RS-9 to RS-9(U) From RS-20 to RS-12 From Mixed Use Commercial to Mixed Use Community Shopping From Central Business to Riverfront From Central Business to Agriculture - Open Space From Shopping rea to Mixed Use Community Shopping From RS-5 to RS-9 From OSU to Research Technology Center From RS-3.5 to RS-5 From RS-3.5 to RS-5 From RS-5 to RS-6 From RS-9 to RS-12 From Shopping Area to RS-12 From RS-3.5 to RS-5 From RS-6 to RS-9 From Shopping Area to Mixed Use Community Shopping From Linear Commercial to Mixed Use Community Shopping From Special Shopping District to Mixed Use General Commercial From RS-3.5 to RS-5 From RS-3.5 to RS-5 From Community Shopping to Mixed Use General Commercial From RS-3.5 and RS-5 to RS-6 From RS-3.5 to RS-5 From RS-20 and Limited Industrial to RS-9 Changes to Mixed Use Employment From General and Intensive Industrial to Mixed Use Transitional From Linear Commercial to Mixed Use Community Shopping From RS-3.5 to RS-5 Changes to Mixed Use Employment From Linear Commercial to Minor Neighborhood Center From Linear Commercial to Mixed Use Community Shopping From RS-12 to Mixed Use Community Shopping From Mixed Use Commercial to Major Neighborhood Center From Linear Commercial to Mixed Use Community Shopping From General and Intensive Industrial to Limited Industrial - Office From General Industrial to Limited Industrial - Office From RS-9 to RS-12 From RS-9 to RS-12 From General Industrial to Mixed Use Employment From RS-9 to Minor Neighborhood Center From RS-3.5 to RS-5 From RS-3.5 to RS-5 Zoning: From RS-3.5 to RS-9 Comp Plan: From LD to MD Zoning Correction: From RS-3.5 to RS-9 Zoning Correction: From RS-12 to RS-9 From RS-3.5 to RS-5 Comp Plan Correction: From MD to MHD Zoning Correction: From RS-12 to RS-9 From Shopping Area University to Minor Neighborhood Center Comp Plan Correction: From LD to MD Comp Plan Correction: From MD to MHD Comp Plan Correction: From GI to MUC Zoning Map Corrections: From RS-9 to GI and From GI to RS-9 Comp Plan Correction: MHD portion to MD Zoning Correction: From RS-3.5 to RS-9 Comp Plan Correction: From LD to OS-C Comp Plan Correction: From LD to MD Comp Plan Correction: From MD to LD Zoning Correction: From RS-12 to RS-9 Comp Plan: From Mixed Use Residential to Medium-High Density Residential Comp Plan: From Mixed Use Residential to Public Institutional Comp Plan: From Mixed Use Residential to Medium-High Density Residential Comp Plan: From Medium Density Residential to Low Density Residential Comp Plan: Minor Neighborhood Center Circle Proposed to be Deleted Comp Plan Correction: From MHD to PI Comp Plan: Minor Neighborhood Center Circle Proposed to be Deleted Comp Plan: Minor Neighborhood Center Circle Proposed to be Deleted Comp Plan Correction: From MHD to MD Comp Plan: From MUR to MHD Comp Plan: Portion From MUC to MUR Walnut Park: From RS-3.5 to AG-OS City-owned Drainageway: Comp Plan: from LD to OS-C Zoning: From PD(RS-3.5) to PD(AG-OS) City-owned Drainageway: From PD(RS-3.5) to PD(AG-OS) City-owned Drainageway: From PD(RS-3.5) to PD(AG-OS) Timberhill Park: From PD(RS-3.5) to PD(AG-OS) Timberhill Park: From PD(RS-20) to PD(AG-OS) Brandis Park: From RS-3.5 to AG-OS Brandis Park: From PD(RS-5) to PD(AG-OS) City-owned Drainageway: From PD(RS-5) to PD(AG-OS) Comp Plan: From LD to MD Zoning: From RS-3.5 to RS-9 Village Green Park: From RS-3.5 to AG-OS City-owned Drainageway: Comp Plan: From MHD to OS-C Zoning: From RS-12 to AG-OS City-owned Drainageway: Comp Plan: From LD to OS-C Zoning: From RS-6 to AG-OS City-owned Drainageway: Comp Plan: From MHD to OS-C Zoning: From PD(RS-12) to PD(AG-OS) City-owned Drainageway: Comp Plan: From LD to OS-C Zoning: From RS-3.5 to AG-OS Porter Park: From RS-3.5 to AG-OS Cloverland Park: From RS-3.5 to AG-OS From Shopping Area to Mixed Use Community Shopping Woodland Meadow Park: From RS-3.5 to AG-OS Woodland Meadow Park (Corl House Area): Comp Plan: From LD to OS-C Zoning: From RS-3.5 to AG-OS Arnold Park: Comp Plan: From LD to OS-C Zoning: From RS-3.5 to AG-OS North Campus Area: From RS-9 to RS-9(U) Chintimini Park: From RS-20 to AG- S Franklin Square Park: From RS-9 to AG-OS Central Park: From RS-12 to AG-OS From Community Shopping to Major Neighborhood Center Sunset Park: From PD(R -9) to PD(AG-OS) Starker Arts Park: From PD(RS-3.5) to PD(AG-OS) Comp Plan Correction: MUC portion to RTC: Zoning Correction: Community Shopping portion to RTC From PD(RS-3.5) to PD(AG-OS) From RS-3.5 to AG-OS City-owned Drainageways From RTC to AG-OS From PD(RS-5) to PD(AG-OS) Comp Plan: From LD to OS-C Zoning: From PD(RS-5) to PD(AG-OS) Oak Creek Park: From RS-20 to AG-OS City-owned: From RS-3.5 to AG-OS Avery Park: From RS-3.5 to AG-OS Pioneer Park: From RS-12 to AG-OS City-owned: From RS-20 to AG-OS City-owned Drainageway: Changes to AG-OS Lilly Park: From RS-5 to AG-OS City-owned Drainageway: From RS-5 to AG-OS Area A Comp Plan Correction: From MD to MHD Area B Area C Area D Area E Area F Comp Plan: From Medium Density Residential to Low Density Residential From RS-5 to RS-9 Tunison Park: From RS-12 to AG-OS Key to Explanatory Tags: Other Recommended Zoning Map and/or Comprehensive Plan Map Changes Property Owner Mapping Requests Proposed Changes to Implement Comprehensive Plan, as Recommended by Technical Review Groups and/or Planning Commission Peanut Park: Comp Plan: From HD to OS-C Zoning: From RS-20 to AG-OS From Shopping Area to MUCS Comp Plan: From MUR to LD From PD(CS) to PD(MUCS) From PD(LC) to PD(MUCS) From PD(P-AO) to GI Area G From PD(RS-12) to PD(RS-9) Area H Area J Area L Area M Area N Area O Area P Area Q Area R Area S Area T Area K From RS-12 to Minor Neighborhood Center Timberhill Area: Map Discrepancies and Adjustments to Low Density Residential Lands to be Reviewed Through Separate Process City-owned Wetland: Comp Plan: From LD to OS-C Zoning: From RS-3.5 to AG-OS Proposed Removal of PD Overlay Zone Zoning Correction: From PD(RS-12) to RS-9 From PD(RS-3.5) to RS-5 Proposed Removal of PD Overlay Zone From PD(RS-12) to Mixed Use Residential Proposed Removal of PD Overlay Zone From PD(RS-20) to Minor Neighborhood Center From PD(RS-9) to RS-9 From PD(RS-12) to RS-12 From PD(RS-3.5) to RS-5 From PD(RS-3.5) to RS-3.5 Proposed Removal of PD Overlay Zone Changes to Implement Adopted Comprehensive lan, as Recommended by Technical Review Groups and/or Planning Commission Proposed Agriculture - Open Space Zoning for City-Owned Properties Subject to Open Space - Conservation Comprehensive Plan Designation Chang s to Impl ment Adopt d Co prehensive Plan, as Recommended by Technical Review Groups and/or Planning Commission i lt - i f it - ti j t t - i i l i i Proposed Corrections to Zoning Map and/or Comprehensive Plan Map Discrepancies r erty er a i e ests Proposed Removal of Planned Development Overlay on Zoning Map Proposed Removal of PD Overlay Zone (All Res'l Properties, South Corvallis Town Center) From PD(RS-12) to RS-12 Request 8: Sherton Not Recommended by Planning Commission From Linear Commercial to Mixed Use Community Shopping Request 3: Pacheco, et al: Recommended by Planning Commission Request 9: Post Not Recommended by Planning Commission Request 10: Jones - Not Recommended by Planning Commission Request 11: Meyer Motel Recommended by Planning Commission If Property Owner Concurs Following Additional Review Request 11: Dasteur Not Recommended by Planning Commission Request 7: Timmons Recommended by Planning Commission Request 1: Weber Not Recommended by Planning Commission Request 2: Theis Not Recommended by Planning Commission Area I Request 5: Snyder, et al Not Recommended by Planning Commission Request 6: Holst - Not Recommended by Planning Commission Comp Plan: Neighborhood Center Study Area Proposed to be Deleted Comp Plan: Neighborhood Center Study Area Proposed to be Deleted Comp Plan: Neighborhood Center Study Area Proposed to be Deleted Comp Plan: Neighborhood Center Study Area Proposed to be Deleted Comp Plan: Neighborhood Center Study Area Proposed to be Deleted Comp Plan: Neighborhood Center Study Area Proposed to be Deleted Request 4: Kimmel Not Recommended by Planning Commission DRAFT PROPOSED ZONING & COMPREHENSIVE PLAN MAP CHANGES (Includes Planning Commission Recommendations) Last Revised 9-28-2000 Zoning Map Designations: GI = General Industrial LI-0 = Limited Industrial - Office MUE = Mixed Use Employment MUT = Mixed Use Transitional RTC = Research Technology Center Industrial: MUCS = Mixed Use Community Shopping MUGC = Mixed Use General Commercial Major NC = Major Neighborhood Center Minor NC = Minor Neighborhood Center Commercial: MUR = Mixed Use Residential RS-12 = Medium-High Density Residential RS-5 = Low Density Residential RS-6 = Low Density Residential RS-9 = Medium Density Residential RS-9(U) = Medium Density Residential - University Residential: AG-OS = Agriculture - Open Space Planned Development Overlay RF = Riverfront Other: MUR = Mixed Use Residential OS-C = Open Space - Conservation LD = Low Density Residential MD = Medium Density Residential MHD = Medium-High Density Residential MUC = Mixed Use Commercial PI = Public Institutional RTC = Research Technology Center Minor Neighborhood Centers (Proposed for Deletion) Comprehensive Plan Map Designations: (Limited to Those Designations Shown on Map) Residential: Commercial: Industrial: Other: Parcels Urban Growth Boundary City Limits (Limited to Those Designations Shown on Map) City of Corvallis Planning Division Proposed Zoning & Comprehensive Plan Map Changes (Last Revised September 28, 2000) N RS-3.5 = Low Density Residential 500 0 500 1000 Feet ATTACHMENT A The Major and Minor Neighborhood Center Circles on the Comprehensive Plan Map will be centered on the areas zoned Neighborhood Center (Major or Minor) on the Zoning Map. A Comprehensive Plan Text Amendment is recommended to include the following definition for Neighborhood Center Study Area: "Areas of the City that are more than 1/4-mile from an existing Neighborhood Center (Major or Minor), with density sufficient to support a Neighborhood Center. " Neighborhood Centers: # # # # # # # # # S S S S S S S S S S S S S S S S S U R B A N G R O W T H B O U N D A R Y U R B A N G R O W T H B O U N D A R Y U R B A N G R O W T H B O U N D A R Y U R B A N G R O W T H B O U N D A R Y U R B A N G R O W T H B O U N D A R Y U R B A N G RO W T H B O U N D A R Y U R B A N G R O W T H B O U N D A R Y U R B A N G R O W T H B O U N D A R Y U R B A N G R O W T H B O U N D A R Y C I T Y L I M I T C I T Y L I M I T C I T Y L I M I T C I T Y L I M I T C I T Y L I M I T C I T Y L I M I T C I T Y L I M I T C I T Y L I M I T C I T Y L I M I T C I T Y L I M I T C I T Y L I M I T C I T Y L I M I T C I T Y L I M I T C I T Y L I M I T Circle Boulevard U.S. Hwy 20 9th St ree t Bou leva rd U.S . H wy 20 29 th St ree t West Hills Road Conser Garfield Avenue 15 th ST 4th St ree t Walnut Boulevard Cr ys tal La ke D riv e Park Avenue 3rd St ree t 11 th Str ee t Rivergreen Avenue 9th St ree t Country Club Drive 53 rd St ree t Harrison Boulevard Herbert Avenue 35 th St ree t ORE Hwy 34 Kiger Island Drive Monro e Aven ue Western Ki ng s B ou lev ard Reservoir Avenue 45 th St ree t Philom ath Bo ulevar d Goodnight Avenue U. S. H wy 99 W Br oo kla ne Dr ive Wi tha m Hil l Ponderosa Avenue 36 th St ree t ORE Hwy 34 Oa k C ree k D rive 53 rd St ree t The Corvallis Comprehensive Plan Map was adopted by the City Council on December 21, 1998. It was acknowledged by the Land Conservation and Development Commission on June 21, 2000. Further amendents have been made intermitantly, with the major changes coming through adoption of the North Corvallis Area Plan on January 28, 2002. N O R T H The Neighborhood Centers denote commercial areas that are designed with a pedestrian orientation and serve the general community and/or surrounding neighborhood. Neighborhood centers may be designed to incorporate a mixture of uses. The dots denote the conceptual location of the Neighborhood Centers and the circles represent a quarter-mile distance from the Centers, which is considered to be a comfortable walking distance. Additional proposed Neighborhood Center Study Areas are depicted with a dotted outline. Future land use proposals that enhance the viability of Neighborhood Centers as pedestrian-oriented commercial areas will be encouraged. NEIGHBORHOOD CENTER DEFINITION: (From Section 40.10 of the Comprehensive Plan) Corvallis Comprehensive Plan Street Functional Classification System Street Functional Classification System Neighborhood Collector Future Neighborhood Collector Collector Future Collector Arterial Street Future Arterial Street Arterial Highway Future Arterial Highway Street Functional Classification System NOTE: Circles represent a 1/4-mile distance from Centers. Location of Centers is approximate only. Neighborhood Centers: S Proposed Minor Neighborhood Center Proposed Neighborhood Center Study Area # Proposed Major Neighborhood Center Some drainageways have Open Space - Conservation buffers that are identified on the Comprehensive Plan Map. The actual buffer width for these and other drainageways that will be required at the time of development may vary. The actual width will be determined through a formula in the Land Development Code. Drainageways: General Industrial - Office Limited Industrial Limited Industrial - Office Mixed Use Employment General Industrial Residential - Low Density Residential - Medium Density Residential - Medium - High Density Residential - High Density Mixed Use Residential Central Business District Professional Office Mixed Use Commercial Intensive Industrial Mixed Use Transitional Research Technology Public Institutional Open Space - Agriculture Open Space - Conservation Probable Wetland Overlay Significant Stream Corridor Overlay Revised: March, 2004 Parcel boundaries shown outside of city limits have been provided by Benton and Linn Counties. All efforts have been made to provide accurate information. However, errors may exist. If you feel there is a discrepancy, please consult the Official Development District Map on file with the City of Corvallis Community Development Department office. This map is periodically revised. Please contact the City of Corvallis Planning Division at 1-541-766-6908 for the current version. Planning related information can also be obtained from the City's website (http://www.ci.corvallis.or.us). 1000 0 1000 2000 Feet Transportation Plan Functional Classification System: (Approximate Locations) Proposed Collectors, Arterials, and Arterial Highways Existing Collectors, Arterials, and Arterial Highways South and West Corvallis Plans Boundaries City Limits å School Parcel Boundaries Urban Growth Boundary City of Corvallis Community Development Department Planning Division # # # ## # # # # # # # # # ## # # # # ## # # # ## # # # # # # # #### # # ### # ### # # ## # ### # ### # ## ## # ## ## ## ## # # ## # # # ## # # ## ## # ## # #### # ## # # ## # # # ## # # ## ## # # # # # # # # # # ## ## # # # # # # # # # ### # # # # # # # # # # å å å å å å å å åå å å å å å å C I T Y L I M I T C I T Y L I M I T C I T Y L I M I T C I T Y L I M I T C I T Y L I M I T C I T Y L I M I T C I T Y L I M I T C I T Y L I M I T C I T Y L I M I T C I T Y L I M I T C I T Y L I M I T C I T Y L I M I T C I T Y L I M I T C I T Y L I M I T U R B A N G R O W T H B O U N D A R Y U R B A N G R O W T H B O U N D A R Y U R B A N G R O W T H B O U N D A R Y U R B A N G R O W T H B O U N D A R Y U R B A N G R O W T H B O U N D A R Y U R B A N G RO W T H B O U N D A R Y U R B A N G R O W T H B O U N D A R Y U R B A N G R O W T H B O U N D A R Y U R B A N G R O W T H B O U N D A R Y e DI MP LE H ILL R OA D HO UT S TR EE T STA NDISH AVE GA GN ON S TR EE T LO W E ST CONVIL L AVENUE AIRPORT AVENUE BO ON EV ILL E D R 3 MILE LANE ZE DW IC K ST RE ET CORL IS S A VENUEWELTZIN AVENUE BROOKLANE DRIVE 45 TH ST RE ET 49 TH AV EN UE NASH A VENUE 53 RD S TR EE T WHITBY AVE GOL F VIEW AVE BEALS KIGER ISL AND DRIV E STRATTON WAY HOAGLAND DRIVE 53 RD S TR EE T OAK CREE K DRIVE HARRISON BOUL EVARD DE ER R UN S TR EE T PL 60TH EL LIO TT C IR CL E HI GH LA ND D RI VE SH ILO H PL CRES CENT VAL LEY DRIV E LESTER AV ENUE FRAZIE R CREEK DR MARSHAL DR R USSE LL P L BROWNL Y H EIGHTS DR JACKS ON CREEK ROAD BA RB AR A ST JAMES P L JAMES AVENUE HI GH LA ND D RI VE WIL D ROS E DRIVE HIGH LAND PL ME AD OW VIE W DR BURGUNDY DR BURGUNDY PL MO SEL LE P L LEWISBURG AVENUE HUNTI NGTON DR CR ES CE NT VA LL EY DR M OU NT AI N VI EW D RI VE FULL ER RD VI NE YA RD D RI VE HA PP Y VA LL EY D R SUL PHUR SPRINGS RD BE LL HA VE N DR SH AS TA A VE NU E GRANGER AVENUE Western View Intermediate School Adams Elementary School Lincoln Elementary School LBCC Benton Center Corvallis High School Franklin Elementary School Oregon State University Garfield Elementary School Highland View Intermediate SchoolJefferson Elementary School Wilson Elementary School Hoover Elementary School Cheldelin Intermediate School Fairplay Elementary School Crescent Valley High School Harding Elementary School L I N N C O U N T Y B E N T O N C O U N T Y L I N N C O U N T Y R i v e r W i l l a m e t t e W i l l a m e t t eR i v e r M a r y 's R i v e r R i v e r W i l l a m e t t e S P R R S. 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ET PL VAN BURE N AV ENUE PLACE 1 5 TH S TR EE T COUN TRY CLU B DRI V E BU TT ER FIE LD P LA CE VAN BURE N AVENUE GRANT AVENUE 2 9 TH S TR EE T MARI ON AVENUE JEFFERSON AVENUE 2 3 RD S TR EE T L A NT AN A DR IV E 12 TH S TR EE T S P R R HARR I SON BLVD 2 1 ST S TR EE T 4T H ST RE ET CI RCLE BOULEVARD HARR I SON BLVD JACK SON AVEN UE PL 3 3 RD S TR EE T 3 0 TH S TR EE T DR IVE CONSER ST REET 2N D ST RE ET EL MW OO D DR IVE PL W OO DL AN D DR I V E 2 5 TH S T R EE T K I NG S BO UL EV AR D 3 5 TH S TR EE T PL 1 3 TH S TR EE T HW Y 99 W U S HW Y 20 R O O SE V E LT D R I VE 6T H ST RE ET HARRISON BOULEVARD B R OO KL A N E DR IV E 2 7 TH S TR E E T BELL AVENUE DR IV E 2 5 TH S T R EE T TYLER AVE NUE JEFF ERSO N AV ENUE WHITESI DE DRIVE S P R R CIR CLE BO ULE VA RD T H OM PS ON S T R EE T G LE N R ID GE D RI V E OAK AVENUE K I NG S BO UL EV AR D AVENUE S U NS ET D RI VE PHIL OMAT H BO ULEV ARD 3 0 TH S T R EE T JACK SON AVEN UE PL AC E DR IV E 4T H ST RE ET FILLMO RE AVENUE 2N D ST RE ET S A TIN W O OD S TR EE T PLA C E PL 35 TH S TR EE T BR UN O P L CI RC LE 11 TH S TR EE T ME RR IE DR IVE 3 5 TH S TR EE T 5 3 RD S T R EE T LI NCOLN AVENUE GREELEY AVENUE 14 T H S TR EE T 1 4 TH S TR EE T WALNUT BOULEVARD DR IVE CI RCLE BOULEVARD S P R R 6T H ST RE ET WEST ERN BLVD GARFI ELD AVENUE CIR CLE BO ULE VAR D A L TA V IS TA D RI VE 11 TH S TR EE T 3 0 TH S TR EE T 14 TH ST RE ET WEST ERN BLVD DR IV E PLA CE WES TERN BOU LEVA RD W AL NU T BO UL EV AR D 2 7 TH S TR EE T RI CHLAND AVENUE PLYM OUT H CIRCLE CONI FER BLVD 1 1 TH S TR EE T 4T H ST RE ET C AVENUE OAK AVENUE FILLMO RE AVENUE C R YS TA L LA KE D RI VE MAD I SON AVEN UE 7T H ST RE ET U S HWY 20 PHIL OMAT H BO ULEV ARD 16 TH S TR EE T PL WA LNU T BO ULE VAR D 2 8 TH S TR EE T VI EWM ONT AVENUE 10 T H S TR EE T 3 2 ND S TR EE T E AVENUE H I GH LA ND D RI V E JACKSON AVENUE 3 6 TH S TR EE T HARRISON BOULEVARD CR ES T D RIV E POLK AVE NUE 13 TH ST RE ET M A SER DR IVE DR IV E BIK EP AT H PL PL K I NG S BO UL E V AR D CO NS ER S TR EE T PL B E LV UE S TR EE T MONR OE A VENUE PLAC E SU NS ET D RIV E 18 T H S TR EE T 1 6 TH S TR EE T BECA AVENUE PLACE 1 0 TH S TR EE T TWI N OAKS CI RCLE MULKEY AVENUE B E TH EL S TR EE T CI RCLE BOULEVARD 29T H ST REE T G RO VE S TR E E T 5 3 RD S TR EE T ELMW OOD DRIVE GL EN R IDG E DR IVE PHIL OMAT H BO ULEV ARD POLK AVEN UE A AVENUE PLACE 1 4 TH S TR EE T 3R D ST RE ET 2N D ST RE ET COUNTRY CLUB DRIVE 15T H ST REET D I XO N ST RE E T TAYLOR AVENUE JACKS ON AVE NUE PONDEROSA AVENUE PLACE LI NCOLN AVENUE 1 5 TH S TR EE T 1S T ST RE ET ADAM S AV ENUE PONDEROSA AVENUE D AVENUE 12 TH S TR EE T LI NCOLN AVENUE 1 5 TH S T R EE T GARFI ELD AVENUE TYLE R AV ENUE 3R D ST RE ET 3 3 RD S TR EE T D I XO N ST RE E T O RE GO N H IG HW AY 9 9W 10 TH S TR EE T WEST HI LLS ROAD POL K AV ENU E DR IVE 8T H ST RE ET MONR OE A VENU E DR IVE TYLE R AV ENUE 3 5 TH S TR EE T PLACE 17 TH S TR EE T HAYES AVENUE 2 9 TH S TR EE T TYLER AVENUE BIK EP AT H WALNUT BOULEVARD POLK AVENUE H I GH LA ND D RI VE DR COUNTRY CLUB DRIVE HA YE S A VE NU E G AR RY AN NA 1 3 TH S TR EE T VAN BUREN AVENUE TAYLOR AVENUE PLACE 13 TH S TR EE T 2 9 TH S TR EE T WALNUT BOULEVARD BUCHANAN AVENUE 10 T H S TR EE T AVENUE AVENUE 2 8 TH S T R EE T WI T H AM HI LL DR IVE K I NG S BO UL EV AR D 17 TH ST RE ET 35 TH S TR EE T DRIVE CI RC LE S P R R WEST HI LLS ROAD R E SE AR CH W AY 3 1 ST S TR EE T 15 TH S TR EE T 2 7 TH S T R EE T WEST HI LLS ROAD TYLER AVENUE ROO SEVELT DRI VE JACKSON AVENUE 14T H ST REET 13 T H S TR EE T CIR CL E B OU L EV AR D 9T H ST RE ET CIR CL E ELMW OOD DRIVE 1 9 TH S TR EE T GRANT AVENUE WALNUT BOULEVARD DR IVE N O R T H RS-3.5 RS-5 RS-6 RS-9 RS-12 RS-12U RS-20 RESIDENTIAL ZONES: High Density Residential Medium Density Residential Low Density Residential Low Density Residential (The designation represents the approximate number of dwelling units per acre typically achievable given district standards. Please refer to Section II of the Land Development Code.) COMMERCIAL AND OFFICE ZONES: SA SAU SSD CB CBF LC CS P-AO MUC Mixed Use Commercial Professional & Administrative Offices Community Shopping Linear Commercial Central Business Fringe Central Business Special Shopping District Shopping Area University Shopping Area INDUSTRIAL ZONES: MUE RTC LI GI II Mixed Use Employment Research Technology Center Limited Industrial General Industrial Intensive Industrial PD( ) Planned Development Overlay OTHER ZONES: AG-OS OSU Agriculture - Open Space Oregon State University All efforts have been made to provide accurate information. However, errors may exist. If you feel there is a discrepancy, please consult with the City of Corvallis Community Development Department. Planning related information also can be obtained from the city's website (http://www.ci.corvallis.or.us). Parcel boundaries shown outside of city limits have been provided by Benton and Linn Counties. Revised: January 2005 City of Corvallis Community Development Department Planning Division å Public School City Limit Willamette River Greenway Boundary # Historic Preservation Overlay Urban Growth Boundary Solar Access Overlay Low Density Residential Medium-High Density Residential Medium-High Density Residential - University Historic District N 500 0 500 1000 Feet Corvallis Land Development Code Districts 1.0 - 1 LDC December 18, 2000 CHAPTER 1.0 INTRODUCTION Section 1.0.10 - ADOPTION This document shall be known as the Land Development Code, or the “Code.” This Code is adopted pursuant to the authority found in the Oregon Constitution, Article XI, Section 4; Corvallis Charter Section 4; and Oregon Revised Statutes 227.215 et seq. Section 1.0.20 - STATEMENT OF PURPOSES a. The land development regulations contained in this Code are in accordance with the Comprehensive Plan and are intended to ensure that development is of the proper type, design, and location; serviced by a proper range of public facilities and services; and in all other respects consistent with the goals and policies of the Corvallis Comprehensive Plan; and b. The development approval process shall not result in the exclusion of needed housing at densities permitted by the underlying zone designations or result in unreasonable cost or delay. Section 1.0.30 - ORGANIZATION OF THIS CODE The Code is organized as a reference document. Tables and graphics are used to summarize and illustrate information. a. The Code is divided into four articles: 1. Article I - General Provisions 2. Article II - Administrative Procedures 3. Article III - Development Zones 4. Article IV - Development Standards b. Article I describes the responsibilities of the City Council, Planning Commission, Land Development Hearings Board, and Community Development Director. It also provides basic information on the legal framework of the Code, definitions of uncommon words or words that have a specific meaning to the Code, and enforcement provisions. c. Article II contains administrative procedures and review criteria for land use actions that require some discretion in approval. 1.0 - 2 LDC December 18, 2000 d. Article III presents Use Type classifications and zones. Use types are divided into six general headings: Residential, Civic, Commercial, Industrial, Agricultural, and Extractive. Development zones authorize specific use types and approval processes, and contain zoning specifications for lot sizes, building setbacks, and building heights. All zones have been grouped into the following categories: 1. Residential 2. Commercial/Office 3. Industrial 4. Overlay Zones 5. Other Zones e. Article IV addresses provisions for new development or intensification of existing development, including standards for parking, landscaping, accessory development, land divisions, signs, and special requirements for certain use types. 1.1 - 1 LDC December 18, 2000 CHAPTER 1.1 THE CITY COUNCIL, ITS AGENCIES, AND OFFICERS Section 1.1.10 - THE CITY COUNCIL 1.1.10.01 - Authority and Responsibility The State has delegated to the City Council responsibility for adopting land use plans and controls. The City has adopted this Code pursuant to its responsibilities to secure the health, safety, and welfare of its citizens and also pursuant to its home rule authority. The City Council has created a Planning Commission and Land Development Hearings Board to implement such plans and controls. In addition, the State has authorized the Council to act upon applications for development or to delegate its authority to act upon such applications. 1.1.10.02 - Powers and Duties The City Council has the following powers and duties in addition to any others it may now have, be given, or confer upon itself. The City Council: a. May adopt, amend, supplement, or repeal plans and policies for development of the community; b. May adopt, amend, supplement, or repeal the text of any provisions or regulations of this Code or the boundaries of zones established on the Official Zoning Map; c. Shall review decisions of the Planning Commission and Land Development Hearings Board upon appeal; d. Shall appoint members of the Planning Commission; and e. May establish a reasonable schedule of fees with respect to matters under this Code. Section 1.1.20 - THE PLANNING COMMISSION The Planning Commission, appointed in accordance with the Boards and Commissions Ordinance, shall have the powers and duties provided therein and provided by this Code. Section 1.1.30 - LAND DEVELOPMENT HEARINGS BOARD The Land Development Hearings Board shall hear and act on appeals resulting from alleged errors in orders, requirements, decisions, and interpretations of the Director or 1.1 - 2 LDC December 18, 2000 designated administrative officers charged with the enforcement of this Code and other matters as required by this Code. 1.1.30.01 - Membership a. All members of the Planning Commission are eligible to serve on the Land Development Hearings Board. The Land Development Hearings Board shall consist of three members appointed from the Planning Commission by the chair of the Planning Commission. One member shall be appointed to a 1-year term, one to a 2-year term, and one to a 3-year term. All succeeding appointments shall be 3-year terms or until the appointees are no longer members of the Planning Commission, whichever comes first. b. Any vacancy on the Board shall be filled by an appointment by the Planning Commission chair for the unexpired portion of the term of the Board member whose office became vacant. c. The members of the Land Development Hearings Board shall continue as voting members of the Planning Commission. d. The chair of the Planning Commission may appoint alternates to serve in the absence of Board members. 1.1.30.02 - Quorum Two members of the Land Development Hearings Board shall constitute a quorum. Any position in the Land Development Hearings Board may be filled, or a substitution made, to allow any members of the Planning Commission to serve for purposes of a quorum. 1.1.30.03 - Powers and Duties The Land Development Hearings Board shall conduct hearings and prepare findings of fact in accordance with Chapter 2.0 - Public Hearings and take such actions concerning appeals as required by this Code. Section 1.1.40 - COMMUNITY DEVELOPMENT DIRECTOR 1.1.40.01 - Position The City Manager may delegate the powers and duties herein to the administrative officer of the City, defined as the Community Development Director, to supervise, organize, direct, and control activities defined under this Code. The Community Development Director shall be referred to as “Director” throughout the Code. 1.1.40.02 - Powers and Duties 1.1 - 3 LDC December 18, 2000 The Director provides professional planning assistance to citizens, the City Council, Planning Commission, Land Development Hearings Board, and City Manager, and is authorized to interpret provisions of this Code and to perform other such duties in the Code’s administration as are required herein. Such powers and duties may be accomplished by person(s) as designated by the Director. Section 1.1.50 - CONFLICT OF INTEREST A member of the hearing authority shall not participate in any proceedings or actions in which the member has a conflict of interest as defined by State law. Any actual or potential conflict of interest shall be disclosed at the meeting of the hearing authority where the action is being taken. Examples of conflict of interest include: a. Member owns property within the area entitled to receive notice of the public hearing; b. Member has a direct private interest in the proposal; or c. For any other valid reason, the member has determined that participation in the hearing and decision cannot be impartial. Section 1.1.60 - PARTICIPATION BY INTERESTED OFFICERS OR EMPLOYEES No officer or employee of the City who has a financial interest in a land use decision shall participate in discussions with or give an official opinion to the hearing body without first declaring for the record the nature and extent of such interest. 1.2 - 1 LDC December 18, 2000 CHAPTER 1.2 LEGAL FRAMEWORK Section 1.2.10 - RULES OF CONSTRUCTION This Code shall be construed liberally in order to achieve its purposes. Unless specifically prescribed otherwise in this Code, the following provisions shall govern its interpretation and construction: a. When consistent with the context, words in the present tense include the future, words in plural include the singular, and words in singular include the plural. b. Unless specified otherwise in this Code, any action authorized or required to be taken by the City may be accomplished by the Council or by an official or agent designated by the Council. Section 1.2.20 - SEVERABILITY AND CONSTITUTIONALITY If any section, subsection, sentence, clause, or phrase of this Code is for any reason held illegal, invalid, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. The Council hereby declares that it would have passed this Code and each section, subsection, sentence, clause, and phrase hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared illegal, invalid, or unconstitutional. Section 1.2.30 - DESCRIPTIVE HEADINGS The paragraph captions and headings in this Code are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Code. Section 1.2.40 - CALCULATION OF TIME Where the performance of any act, duty, matter, or payment is required and the period of time or duration for the performance is prescribed and fixed, the time shall be computed to exclude the first day and include the last day of the prescribed or fixed period or duration of time. When the last day of the period falls on a Saturday, Sunday, or a legal holiday, that day shall be omitted from the computation. The word "day" means calendar day unless specified otherwise. Section 1.2.50 - SAVINGS CLAUSE The amended Corvallis City Ordinance 93-20, which is repealed by the ordinance adopting this Code, shall remain in force to authorize the arrest, prosecution, conviction, and punishment of a person who violates Corvallis City Ordinance 93-20, as amended, prior to the effective date of this Code. 1.2 - 2 LDC December 18, 2000 Section 1.2.60 - REVIVAL The repeal of Corvallis City Ordinance 93-20, as amended, does not thereby revive any provision, ordinance, or section that was in effect prior to the adoption or amendment of Corvallis City Ordinance 93-20 as amended. This repeal does not affect any punishment, penalty, or fine incurred before the repeal took place or any prosecution or proceeding begun or pending prior to the adoption of this Code. Section 1.2.70 - NONDISCRIMINATION The City shall not discriminate on the basis of race, religion, national origin, age, color, gender, sexual orientation, or physical disability in the administration or enforcement of this Code. Section 1.2.80 - TEXT AMENDMENTS 1.2.80.01 - Background This Code may be amended whenever the public necessity, convenience, and general welfare require such amendment and where it conforms with the Corvallis Comprehensive Plan and any other applicable policies. 1.2.80.02 - Initiation An amendment may be initiated through one of the following methods: a. Majority vote of the City Council; or b. Majority vote of the Planning Commission. 1.2.80.03 - Review of Text Amendments The Planning Commission and City Council shall review proposed amendments in accordance with the legislative provisions of Chapter 2.0 - Public Hearings. Section 1.2.90 - THE OFFICIAL ZONING MAP Zone boundaries established by this Code are shown on the Official Zoning Map, which is on file in the Community Development office. The City’s Official Zoning Map shall be the City’s geographic information system (GIS) version of the Zoning Map, as retained by the City’s Mapping and GIS Services Division, and as adopted on December 31, 2000 and amended from time to time. The Official Zoning Map and all amendments and other matters entered on the Official Zoning Map are a part of this Code and have the same legal effect as if fully set out herein. 1.2 - 3 LDC December 18, 2000 1.2.90.01 - Amendments Amendments to the Official Zoning Map shall be adopted as provided in Chapter 2.2 - Zone Changes. After adoption of an amendment, the Director shall alter the Official Zoning Map to indicate the amendment. 1.2.90.02 - Interpretation of Zone Boundaries Zone boundaries shown on the Official Zoning Map shall be located as described in the ordinance or order establishing and amending such zone boundaries. Public streets and highways shall not be zoned, nor shall private streets be zoned unless specifically included within a particular zone. If uncertainty exists as to the boundaries of the zones and the uncertainty is not resolved by the ordinance or orders that establish and amend such boundaries, the following rules shall apply: a. Boundaries indicated as approximately following property lines shall be construed as following such lines; b. Boundaries indicated as approximately following railroad lines shall be construed as midway between the main track or tracks; c. Boundaries indicated as following the contours of certain elevations or soils of a particular type shall be construed as following the actual height or soil contour as determined by accepted surveying practices; d. Boundaries indicated as parallel to, or extensions of natural or human-made features indicated in "a" through "c" above shall be so construed as following these features; e. Where a boundary between zones is present on a lot or parcel, the portions of the lot within the given zone shall be subject to the applicable uses and development standards of that zone. If a boundary between zones is present on a lot or parcel and neither portion of the lot or parcel is developable under the applicable zone, then a property owner may petition the Land Development Hearings Board to apply one or the other zone to the entire lot or parcel. Such a petition shall follow the procedures and review criteria established for a zone change in Chapter 2.2 - Zone Changes; and f. Boundaries indicated as approximately following the center lines of alleys, streams, rivers, lakes, or other bodies of water shall be construed as following such center lines. Where uncertainties continue to exist after application of the above rules, the Land Development Hearings Board shall determine the location of such boundaries. 1.2 - 4 LDC December 18, 2000 Section 1.2.100 - DEVELOPMENT REVIEW FEES 1.2.100.01 - Required Fees The Director is authorized to charge and collect fees for the provision of municipal services outlined in this Code. The City Council shall set fees in accordance with the Council's financial policies and shall charge no more than the actual or average cost of providing planning and development review services in accordance with ORS 227.175(1). The Director shall maintain a current schedule of fees for public review. 1.2.100.02 - Annual Review Development review fees shall be reviewed annually and revised to reflect the change in costs to the City for wages and benefits of appropriate represented employees in the current fiscal year. The annual adjustment of fees shall be effective January 1 of each year. Section 1.2.110 - DEVELOPMENT REVIEW PROCESS 1.2.110.01 - Ministerial Development Ministerial Development includes nondiscretionary development activities that are permitted outright, subject to compliance with the criteria and standards of this Code. Those uses that are listed in the zones in Article III as "Permitted Uses" are Ministerial Development activities. These uses require staff review upon application for a building permit and are subject to zoning standards and other development provisions of the Code and applicable City ordinances and requirements, including all City-adopted plans such as the Transportation Plan, the public facilities master plans, the Parks Master Plan, etc. Additionally, these uses are subject to all applicable Federal and State standards and regulations, such as the Uniform Building and Fire Codes, regulations by the State Department of Environmental Quality (DEQ), the Division of State Lands (DSL), etc. Review of building permits shall be accomplished according to ministerial procedures. 1.2.110.02 - General Development General Development includes development activities that require at least some discretion. General Development requires less discretion than Special Development and involves review and approval by staff without a public hearing. General Development requires public notice prior to a staff decision. A notice of disposition is provided to persons who respond in writing to the public notice. Appeals are made to the Land Development Hearings Board and City Council in accordance with Chapter 2.19 - Appeals. As with Ministerial Development, approval of a General Development use is subject to zoning standards and other development provisions of the Code and City ordinances and requirements. 1.2 - 5 LDC December 18, 2000 General Development activities that may be approved by staff without a public hearing are described in the following sections of Article II - Administrative Procedures: Chapter 2.5 - Expedited Land Division, section 2.5.100. Chapter 2.9 - Historic Preservation Provisions (excluding the activities identified in Chapter 2.9 as needing a public hearing, such as in section 2.9.30), sections 2.9.40 - 2.9.100. Chapter 2.12 - Lot Development Option, section 2.12.30. Chapter 2.13 - Plan Compatibility Review, section 2.13.30. Chapter 2.14 - Partitions, Minor Replats, and Lot Line Adjustments, sections 2.14.30 - 2.14.80. Chapter 2.15 - Hillside Development and Density Transfer, section 2.15.40. Chapter 2.16 - Request for Interpretations, section 2.16.30. Chapter 2.18 - Solar Access Permits, section 2.18.40. 1.2.110.03 - Special Development Special Development includes development activities that require considerable discretion. It involves a public hearing, in accordance with the provisions of Chapter 2.0, as well as approval by an established hearing authority. As with Ministerial Development, approval of a Special Development use is subject to zoning standards and other development provisions of the Code and City ordinances and requirements. Special development activities are described in the following sections of Article II - Administrative Procedures: Chapter 2.1 - Comprehensive Plan Amendments, section 2.1.30. Chapter 2.2 - Zone Changes, sections 2.2.30 and 2.2.40. Chapter 2.3 - Conditional Development, section 2.3.30. Chapter 2.4 - Subdivisions and Major Replats, sections 2.4.30 - 2.4.80. Chapter 2.5 - Planned Developments and Refinement Plans, sections 2.5.40 - 2.5.90. Chapter 2.6 - Annexations, section 2.6.30. Chapter 2.7 - Extension of City Services Outside the City Limits, section 2.7.50. Chapter 2.8 - Vacating of Public Lands and Plats, section 2.8.40. Chapter 2.9 - Historic Preservation Provisions (excluding the activities identified in Chapter 2.9 that do not involve a public hearing), section 2.9.30. 1.2 - 6 LDC December 18, 2000 Chapter 2.10 - Major Neighborhood Center Master Site Plan Review, sections 2.10.40 - 2.10.60. 1.2.110.04 - Conditions of Approval Conditions of approval placed on developments shall be based upon Comprehensive Plan and Code criteria. Section 1.2.120 - ROUGH PROPORTIONALITY If an applicant intends to assert that he/she cannot legally be required, as a condition of building permit or development approval, to provide easements, dedications, or improvements at the level otherwise required by this Code, the building permit or site plan review application shall include a “rough proportionality” report submitted by the applicant and prepared by a qualified civil or traffic engineer (or qualified professional in the field of the issue in question), as appropriate, showing: a. The estimated extent, on a quantitative basis, to which the improvements will be used by persons served by the building or development, whether the use is for safety or convenience; b. The estimated level, on a quantitative basis, of improvements needed to meet the estimated extent of use by persons served by the building or development; c. The estimated impact, on a quantitative basis, of the building or development on the public infrastructure system of which the improvements will be a part; and d. The estimated level, on a quantitative basis, of improvements needed to mitigate the estimated impact on the public infrastructure system. For building permits that do not involve any City planning processes, the applicant shall submit the report outlined above at the time of its related appeal period. For building permits that do involve City planning processes, the applicant shall submit the report either during the period following the staff review committee (SRC) meeting and prior to the mailing of the public notice, or during the regular appeal period associated with such planning applications. Appeal processes are outlined in Chapter 2.19 - Appeals of this Code. 1.3 - 1 LDC December 18, 2000 CHAPTER 1.3 ENFORCEMENT Section 1.3.10 - RESPONSIBLE OFFICER This Code shall be administered and enforced by the Director. Section 1.3.20 - BUILDING PERMIT No building permit shall be issued by the Building Official for any development unless the Director has determined the following: a. Proposed development complies with the provisions of this Code, including any conditions of approval (established by the authority of the City Council, the Planning Commission, the Land Development Hearings Board, or otherwise authorized by this Code, City Ordinances, or State law); b. Proposed development complies with all applicable City ordinances and requirements (including all City-adopted plans such as the Transportation Plan, the public facilities master plans, the Park and Recreation Facilities Plan, etc.); c. Proposed development complies with the Uniform Building and Fire Codes; and d. Required special or general development permit(s) have been issued. It is the applicant’s responsibility to ensure that building permit applications are consistent with applicable Federal and State standards and regulations, such as those by the State Department of Environmental Quality (DEQ), the Division of State Lands (DSL), etc., that are not regulated by the City through this Code, City ordinances and requirements, and/or conditions of approval. Section 1.3.30 - CERTIFICATE OF OCCUPANCY No certificate of occupancy shall be issued by the Building Official for any development unless all requirements of this Code have been met, including any conditions of approval (established by the authority of the City Council, the Planning Commission, the Land Development Hearings Board, or otherwise authorized by this Code, City Ordinances, or State law), or until the applicant has provided some written form of assurance acceptable to the Director guaranteeing the completion of all requirements. Section 1.3.40 - NONCOMPLIANCE WITH THE APPROVED DEVELOPMENT PLANS If the Director determines that a development substantially differs from the approved plans or the provisions of this Code, including any conditions of approval (established by the authority of the City Council, the Planning Commission, the Land Development Hearings Board, or otherwise authorized by this Code, City Ordinances, or State law), the Director 1.3 - 2 LDC December 18, 2000 shall notify the developer and Building Official in writing. Thereafter, the Building Official may issue orders to the developer as are within the range of authority available to the Building Official, and upon continued noncompliance may withhold site development and/or building permits for further construction or revoke those permits previously issued until compliance is achieved. Section 1.3.50 - STOP WORK ORDER Whenever any work is done contrary to the provisions of this Code, including any conditions of approval (established by the authority of the City Council, the Planning Commission, the Land Development Hearings Board, or otherwise authorized by this Code, City Ordinances, or State law), the Director may order the work stopped by notice in writing served on any persons engaged in the work, and any such persons shall immediately stop such work until authorized by the Director to proceed. Section 1.3.60 - VIOLATIONS Use of land in the City of Corvallis not in accordance with the provisions of this Code, including any conditions of approval (established by the authority of the City Council, the Planning Commission, the Land Development Hearings Board, or otherwise authorized by this Code, City Ordinances, or State law), constitutes a violation. Upon receiving information concerning a violation of this Code, the Director may conduct an investigation to determine whether a violation exists. The Director may request the assistance of other City agencies and officers in the conducting of such investigations. The Director may prepare and deliver to the City Attorney a request for prosecution indicating the location and nature of the suspected violation, applicable Code sections, and other information provided by the staff. 1.3.60.01 - Notice of Violation After receiving a report of an alleged violation from the Director, the City Attorney shall, if he/she determines that probable cause exists, promptly give notice of the alleged violation by certified first-class mail, return receipt requested, or by personal service to the owner of record for tax purposes and to the person in charge of the property. Such a notice shall indicate the following: a. Location and nature of the violation; b. Provision or provisions of this Code allegedly violated; c. Whether immediate enforcement shall be sought or if 15 days shall be allowed to correct or remove the violation. Immediate enforcement shall be sought in a situation involving a health hazard or other nuisance that clearly exists and that poses an imminent danger to human life or property; and 1.3 - 3 LDC December 18, 2000 d. The date when the notice was personally served or, if the notice was sent by first-class mail, the date three days after mailing. A defect in the notice of violation with respect to this notice delivery provision shall not prevent enforcement of this Code. 1.3.60.02 - City Attorney to Pursue Enforcement When the compliance deadline expires, the City Attorney shall proceed with any legal or equitable action deemed appropriate unless: a. It has been demonstrated to the City Attorney that the violation has been corrected, removed, or will not be committed; or b. A court of competent jurisdiction has halted enforcement pending the outcome of a proceeding concerning the violation. 1.3.60.03 - Penalties Code violations may be subject to criminal, civil, or other sanctions authorized under ordinance of the City. a. Criminal Penalties - Unless specified otherwise, every violation of the terms of this Code is a Class A infraction, punishable by a fine of up to $500.00. Each day such violation continues shall be considered a separate offense. (Sign Code violations are addressed in Chapter 4.7 - Sign Regulations.) b. Civil Penalties and Remedies - In addition to, or in lieu of, criminal actions, a violation of this Code or a permit issued hereunder may be the subject of a civil action in the nature of a debt or of any appropriate remedy issuing from a court of competent jurisdiction, including mandatory and prohibitory injunctions and orders of abatement. (Sign Code violations are addressed in Chapter 4.7 - Sign Regulations.) 1. The Director is authorized to impose a civil penalty of up to $1,000.00 for any violation of this Code. 2. In imposing a penalty amount pursuant to the schedule authorized by this section, the Director shall consider the following factors: (a) The history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation; (b) Any prior violations of statutes, rules, orders, and permits pertaining to development regulations; 1.3 - 4 LDC December 18, 2000 (c) The economic and financial conditions of the person incurring a penalty; (d) The gravity and magnitude of the violation; (e) Whether the violation was repeated or continuous; and (f) Whether the cause of the violation was an unavoidable accident, negligence, or an intentional act. 3. Imposition and enforcement of civil penalties is not an exclusive remedy, but shall be in addition to any other procedures or remedies provided by law. Imposition or payment of a civil penalty under this section shall not bar any criminal proceeding authorized under this ordinance. 4. A civil penalty shall be imposed under this section by issuance of a notice of penalty. A civil penalty may be imposed for each 30 days the condition continues. The notice of penalty shall be provided in the manner as described under "5" below. 5. Any civil penalty imposed under this section shall become due and payable when the notice of penalty is served upon the person incurring the penalty. Service shall be by personal service or by certified mail, return receipt requested, to the last known address of the person incurring the penalty. The notice of penalty shall include the following: (a) Reference to the particular provision or law violated; (b) Statement of the matters asserted or charged; (c) Statement of the amount of the penalty or penalties imposed; (d) Statement of the owner's right to appeal the penalty; and (e) Statement that if the penalty is not paid within the time required under "10" below, the penalty and any costs of service and recording fees shall be recorded by the City Recorder in the City Lien Docket and shall become a lien on the property of the person incurring the penalty. 6. If the notice of penalty is returned to the City without service upon the named person, the Director shall post a notice of penalty on the premises where the violation has occurred. The notice shall be posted so as to be visible from the public right-of-way and shall be 1.3 - 5 LDC December 18, 2000 delivered to a person, if any, occupying the premises. The posted notice shall be affixed to the premises and shall also indicate that tampering or removal of the notice shall constitute a misdemeanor. 7. The person to whom the notice of penalty is issued shall have 20 days from the date of service of the notice in which to appeal the penalty before the municipal judge, after which time the notice of penalty becomes a final order. The appeal shall be as provided in "8" and "9" below. 8. Any appeal shall be in writing and signed by the person against whom the penalty has been assessed or the attorney for that person. The appeal shall state the grounds of the appeal. The appeal shall be accompanied by a deposit in the amount of the civil penalty assessed and an appeal fee of $50.00. The appeal shall be filed with the municipal court and served upon the City Attorney. Failure to comply with these provisions shall result in the appeal’s dismissal. 9. The only issues to be decided by the municipal judge are determinations of whether the condition of the property was as alleged in the notice of penalty and if so, whether that condition violated this Code. If the judge finds that the alleged condition existed at the time and date specified on the notice of penalty, and that the condition violated this Code, the municipal judge shall issue an order affirming the penalty. The order shall contain a provision for court costs to be paid by the violator in the amount of $100.00. If the judge finds that the condition alleged in the notice of penalty did not exist at the time and date specified on the notice, the municipal judge shall void the notice of penalty. The order voiding the notice of penalty shall provide for return of the deposit, including the appeal fee. The judge's order is final. 10. Unless the amount of penalty imposed under this section is paid within 10 days after the notice of penalty or the order becomes final by operation of law or after appeal, the order shall constitute a lien on the owner's subject property and shall be recorded in the City Lien Docket. Where the service has been made by certified mail or other means providing a receipt, the returned receipt shall be attached to and made a part of the recorded order. The penalty and any added costs imposed by the order become a lien upon the real property. That lien shall have priority over all other liens and encumbrances of any form. The lien shall accrue interest at the rate applicable for municipal assessment liens from the date of docketing until clearance. The lien may be foreclosed on and the property sold as may be necessary to discharge the lien in the manner specified in ORS 223.505 through 223.650. 1.3 - 6 LDC December 18, 2000 11. Any lien for a civil penalty shall be released when the full amount determined to be due has been paid to the City. The owner or person making such payment shall receive a receipt stating that the full amount of penalties, interest, recording fees, and service costs have been paid, and that the lien is thereby released and the record of the lien satisfied. 1.3.60.04 - Tampering with Official Notice a. No person shall remove or tamper with a notice posted on property pursuant to the provisions of this chapter unless authorized by the Director. b. A violation of this provision shall be a Class "C" misdemeanor. 1.4 - 1 LDC December 18, 2000 CHAPTER 1.4 NONCONFORMING DEVELOPMENT Section 1.4.10 - BACKGROUND As used in the Code, nonconforming development includes nonconforming structures and nonconforming uses. A nonconforming structure does not fully comply with zoning provisions for setbacks, building height, and/or off-street parking, or does not fully comply with some other standard of the zone. A nonconforming use is not permitted outright or has not received conditional approval in the zone in which it exists. Within the zones established by this Code, development may exist that was lawful at the time it began, but would be nonconforming and prohibited in the future under the terms of this Code or future amendments. In order to avoid undue hardship to developers, nothing in this Code shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Code and upon which actual building construction has been carried out diligently. Construction is considered to have started if excavation, demolition, or removal of an existing building has begun in preparation for rebuilding, and a building permit has been acquired, prior to the effective date of adoption or amendment of this Code. Section 1.4.20 - PURPOSES a. Permit nonconforming development to continue, but not to encourage its perpetuation. b. Ultimately bring development into conformance with this Code and the Comprehensive Plan. Section 1.4.30 - NONCONFORMING STRUCTURES 1.4.30.01 - Alteration of a Nonconforming Structure Where the use of a structure is permitted by the applicable zone but the structure is nonconforming, an alteration, expansion, or relocation may be ministerially approved if the improvement, evaluated separately from the existing structure, would be in compliance, and is not within a vision clearance area as defined in Chapter 1.6 - Definitions and/or determined by the City Engineer. For structures in existence prior to December 31, 2000, reconstruction of structures (both residential and nonresidential) may occur consistent with how the structures previously existed in their nonconforming state, except for the following: 1.4 - 2 LDC December 18, 2000 a. Any substantial improvement to a nonconforming structure located within the 100-year flood plain shall be accompanied by raising the finished grade of any nonhabitable space to an elevation at or above the base flood elevation, and raising the lowest floor of any habitable space to an elevation 1 ft. above the base flood elevation. This requirement for raising the lowest floor of a nonconforming structure applies to all nonconforming structures within the 100-year flood plain, regardless of when the structure was originally constructed. Note: Pursuant to section 4.5.70 of Chapter 4.5 - Flood Control and Drainageway Provisions, new construction, substantial improvements, and encroachments are prohibited within the 0.2-ft.-rise floodway; and b. Where a structure is designated as historic, any alteration, expansion, enlargement, extension, reconstruction, relocation, or demolition shall be consistent with the provisions in Chapter 2.9 - Historic Preservation Provisions. 1.4.30.02 - Damage to a Nonconforming Structure within the 100-Year Flood Plain If a nonconforming structure within the 100-year flood plain is substantially damaged, the finished grade of any nonhabitable space shall be raised to an elevation at or above the base flood elevation and the lowest floor of any habitable space shall be raised to an elevation 1 ft. above the base flood elevation. Refer to Chapter 1.6 for a definition of “substantial damage to structures within the 100-year flood plain.” Note: Pursuant to section 4.5.70 of Chapter 4.5 - Flood Control and Drainageway Provisions, new construction, substantial improvements, and encroachments are prohibited within the 0.2-ft.-rise floodway. Section 1.4.40 - NONCONFORMING USES 1.4.40.01 - Alterations of a Nonconforming Use (within a structure or on land) No building, structure, or land area devoted to a nonconforming use shall be expanded. Reconstruction, relocation, or structural alteration shall conform to the provisions of this Code. Nothing in this chapter shall be construed as prohibiting normal repair, maintenance, and nonstructural alterations to such development, nor the alteration, strengthening, or restoration to safe condition as may be required by law. 1.4.40.02 - Continuance of a Nonconforming Use A nonconforming use shall not be expanded or relocated to a different or greater area of land, buildings, or structures than it occupied at the time it became nonconforming. Additionally, where a nonconforming use exists on a site, its use type may continue to exist, provided it is in accordance with the provisions of this Code. 1.4 - 3 LDC December 18, 2000 1.4.40.03 - Discontinuance of a Nonconforming Use Whenever a nonconforming use is discontinued for more than one year, further use shall conform with the provisions of this Code. For purposes of this Code, rental payments or lease payments and taxes shall not be considered a continued use. "Discontinued" shall mean non-use and shall not require a determination of the voluntary or involuntary nature of the discontinuance or the intent to resume the nonconforming use. 1.4.40.04 - Damage to a Nonconforming Use If a structure containing a nonconforming use is substantially damaged, any future development on the site shall use a land use type conforming to those allowed within the applicable zone in which it is located. Refer to Chapter 1.6 for a definition of “substantial damage to structures containing nonconforming uses.” 1.4.40.05 - Reclassification to Conditional Development Whenever a nonconforming use is permitted conditionally, it shall be reclassified as conforming upon receipt of an approved Conditional Development application in accordance with Chapter 2.3 - Conditional Development. Section 1.4.50 - EXCEPTIONS 1.4.50.01 - Commercial Uses in RS-12 Zone along SW Third, SW Fifth, and SW Sixth Streets a. Specific commercial use types in existence on individual sites as of December 31, 2000, in the RS-12 Zone along SW Fifth and SW Sixth Streets from SW Adams Avenue to SW Western Boulevard, shall not be classified as nonconforming development. b. Specific commercial use types in existence on individual sites as of December 31, 2000 (e.g., Automotive and Equipment - Light Equipment Repairs), in the Mixed Use Community Shopping Zone at 2220 SW Third Street (Assessor's Map #12-5-11BC, Tax Lot 700 and 701), shall not be classified as nonconforming development. Upon further development, perimeter buffers shall be established consistent with Mixed Use Community Shopping Zone standards. 1.4.50.02 - Existing Uses Uses that were permitted by the underlying zone prior to a subject property’s rezoning via ZDC00-00009 (the zoning map changes related to the Code Update Project), shall not be classified as nonconforming development unless the uses on 1.4 - 4 LDC September 29, 2000 the subject property have been discontinued for a period of more than 18 months (in which case section 1.4.40.03 shall apply). 1.4.50.03 - Office Uses in the RS-9, RS-9(U), RS-12, RS-12(U), and RS-20 Zones Office uses (defined in Chapter 1.6) in existence as of December 31, 2000, in the RS-9, RS-9(U), RS-12, RS-12(U) and RS-20 zones shall not be classified as nonconforming development. 1.4.50.04 - North Campus Area (defined in Chapter 1.6) a. Multi-dwellings in existence as of December 31, 2000, shall not be classified as nonconforming development. However, redevelopment or expansion requires compliance with current parking standards contained in Chapter 4.1 - Parking, Loading, and Access Requirements. b. Office uses (defined in Chapter 1.6) in existence as of December 31, 2000, shall not be classified as nonconforming development. However, redevelopment or expansion requires compliance with current parking standards contained in Chapter 4.1 - Parking, Loading, and Access Requirements. 1.4.50.05 - Nonconforming Lots of Record A lot of record may not meet the lot size requirements of the zone in which it is located. Such a lot may be occupied by a use permitted in the zone. If, however, the lot is smaller than the size required in its zone, residential use shall be limited to one dwelling unit or to the number of dwelling units consistent with density requirements of the zone. 1.4.50.06 - Street and Drainageway Dedications The act of conveyance to or appropriation by the City for street or drainage purposes shall not in itself render as nonconforming the use of land, structure, or other improvement maintained upon a lot. 1.4.50.07 - Nonconforming Duplexes Where a duplex fails to meet the building type requirements in the zone in which it is located and has been damaged as described in 1.4.40.04 above, it may be reconstructed provided such reconstruction commences within one year of the damage and complies with required development standards. 1.4.50.08 - Residential Uses 1.4 - 5 LDC September 29, 2000 Any residential building type permitted prior to December 31, 2000, but which is no longer allowed as a new use, may be modified, enlarged, or rebuilt, provided it complies with required development standards of the zone. 1.6 - 1 LDC December 18, 2000 CHAPTER 1.6 DEFINITIONS Section 1.6.10 - GENERAL MEANING OF WORDS All words and terms assume their dictionary definitions unless they are specifically defined in this Code or the context in which they are used clearly indicates to the contrary. Section 1.6.20 - COMMON WORDS a. All words in present tense include the future tense. b. All words in plural include the singular, and all words in singular include the plural unless the context clearly indicates to the contrary. c. The word "shall" is mandatory and the word "may" is permissive. d. The word "building" includes the word "structure." e. The phrase "used for" includes the phrases "arranged for," "designed for," "intended for," "maintained for," and "occupied for." f. The words "land" and "property" are used interchangeably unless the context clearly indicates to the contrary. g. The words “lot” and “parcel” are used interchangeably unless the context clearly indicates to the contrary. Section 1.6.30 - SPECIFIC WORDS AND TERMS Abutting Lots - Two or more lots joined by a common boundary line or point. Access - Place, means, or way by which ingress and egress are provided (see also definition for "Solar Access"). Accessory Structure - Structure customarily incidental and subordinate to the main use of property and located on the same lot as the main use; freestanding and structurally separated from the main use. Accessory Use - Use customarily incidental and subordinate to the main use of a property and located on the same lot or site as the main use. Accessway - Narrow strip of land connecting a parcel to a public street right-of-way or a private street located within its own separate tract. The accessway ensures access to the parcel. Actual pavement widths within an accessway are in accordance with the City’s Off- 1.6 - 2 LDC December 18, 2000 Street Parking and Access Standards established by and available through the City Engineer and amended over time. Acre - Unit of land equal to 43,560 sq. ft. Actual Construction - Permanent placing and fastening of construction materials. Affordable Housing - Housing for which ownership costs (mortgage loan principal, interest, property taxes, and insurance) or rental costs (unit rent and utilities) require no more than 30 percent of the gross monthly income of a household that has income at or below 80 percent of the Corvallis area median. The Corvallis area median is calculated annually by the U.S. Department of Housing and Urban Development (HUD) and applied based on household size. Note: These numbers are updated annually by HUD and are on file in the City's Housing Division. Agriculture - Nursery, horticulture, and similar activities for the cultivation of commercial crops; pasturing, breeding, dairying, and similar uses of animals; and poultry farming for commercial use. Does not include processing, slaughtering, large-scale poultry farming, or forestation. Alley - Public or private right-of-way designed and intended to serve as secondary access to the side or rear of those properties having a street as primary access. Alteration - Change, addition, or modification in construction or occupancy of a building or structure. Apartment - Dwelling unit located within a multi-dwelling, but excluding condominiums. ("Multi-Dwelling" is defined under "Building Types.") Application - Materials submitted or to be submitted. Area, Gross - Total area of a parcel or site, usually expressed in acres. Area, Net - Total area of a parcel or site, usually expressed in acres and excluding existing public street rights-of-way and, if a developer desires, excluding public parks, significant natural feature areas dedicated to the public, and/or other areas permanently precluded from development due to development constraints or conservation easements. Planned streets shall not be excluded from the net area. Average Setback - The formula for determining Average Setback is as follows: AS = (y1 x SD1) + (y2 x SD2) where: AS = Average Setback 1.6 - 3 LDC December 18, 2000 y = Percent of wall length at a particular distance from property line SD1 = Farthest Setback Distance (actual distance from property line) SD2 = Closest Setback Distance (actual distance from property line) Example: Average Setback = 50 ft. y1 = 0.33 (33%) SD1 = 90 ft. y2 = 0.67 (67%) SD2 = 30 ft. (0.33 x 90) + (0.67 x 30) = 50-ft. average setback Base Flood Event - Flood event during periods of higher than normal stream flow that has a 1 percent chance of being equaled or exceeded in any given year. A base flood event affects the relatively flat area lying adjacent to a river or stream that is covered by water when the river or stream overflows its banks. This flat area is commonly referred to as the 100-year flood plain. See “Flood Plain.” Block - Tract of land bound by a street or a combination of streets and public parks, cemeteries, railroad rights-of-way, drainageways, pedestrian connections, or unsubdivided land. Bond - Form of security in an amount and form satisfactory to the City. See “Performance Guarantee” in section 2.4.40.08.01. Buffer - Area designed to provide space or distance, obstruct undesirable views, serve as an acoustic barrier, or generally reduce impacts of adjacent development. 1.6 - 4 LDC December 18, 2000 Building - Structure having a roof supported by columns or walls and used or intended for the shelter, housing, or enclosure of any individuals, animals, processes, equipment, goods, or materials of any kind. Building Envelope - Portion of a lot or development site exclusive of the areas required for front, side, and rear yards and other required open spaces; and which is available for siting and constructing a building or buildings. Building Height - See "Height of Buildings." Building Line - Line on a plat indicating the limit beyond which buildings or structures may not be erected, or the minimum distance as prescribed by this Code between the property line abutting a street and the closest point of the foundation of any related building or structure. Building Official - Development Services Manager. Building Types a. Nonresidential - Group of building types comprising the following: 1. Detached - One main building, freestanding and structurally separated from other buildings. 1 unit 2. Attached - Two or more main buildings placed side by side so that some building walls are in common for a minimum length of 5 ft. Fences, trellises, etc. attached between buildings do not create “attached” structures. 1 unit 1 unit 1.6 - 5 LDC December 18, 2000 b. Residential - Group of building types comprising the following: 1. Single Detached - One dwelling unit, freestanding and structurally separated from other dwelling units or buildings, located on a lot or development site. Includes manufactured homes. 1 unit 2. Single Detached (Zero Lot Line) - One dwelling unit, freestanding and structurally separated from other buildings, with no setback from one lot line. 1 unit 3. Duplex - Two dwelling units on a single lot placed side by side so that some building walls are in common for a minimum length of 5 ft. Fences, trellises, etc. attached between buildings do not create “attached” units. “Stacked” duplex units (where one unit is on top of another) are acceptable. 1 unit 1 unit 1.6 - 6 LDC December 18, 2000 4. Single Attached (Zero Lot Line) - Two dwelling units on separate lots but placed side by side so that some building walls are in common for a minimum length of 5 ft. at a common property line. Fences, trellises, etc. attached between buildings do not create “attached” structures. 1 unit 1 unit 5. Attached - Three or more dwelling units on separate lots, but placed side by side so that some building walls are in common for a minimum length of 5 ft. at a common property line. Fences, trellises, etc. attached between buildings do not create “attached” structures. 1 unit 1 unit 1 unit 1 unit 1 unit 6. Multi-Dwelling - Three or more dwelling units in any vertical or horizontal arrangement, located on one lot or development site, and where some building walls are in common for a minimum length of 5 ft. Fences, trellises, etc. attached between buildings do not create “attached” units. 1 unit 1 unit 1 unit 1.6 - 7 LDC December 18, 2000 7. Manufactured Dwelling Facility - A facility where four or more manufactured or mobile homes are within 500 ft. of one another on a lot, tract, or parcel of land under the same ownership. The primary purpose of the facility is to rent spaces for manufactured or mobile homes. The applicable Oregon Revised Statutes that pertain to manufactured dwellings and facilities are ORS 197.314, ORS 197.307(5), ORS 197.475 through 197.490, and ORS 446.003 through 446.285. 8. Accessory Dwelling Unit - One dwelling unit, either detached or structurally attached, located on the same lot as at least one other dwelling unit. Provisions for accessory dwelling units require that the owner of the lot occupy either the principal residence or the accessory unit. Refer to section 4.9.40 of Chapter 4.9 - Additional Provisions for additional development standards. c. The following terms are not considered building types for purposes of this Code, but some are considered housing types for the purposes of meeting Code requirements for housing type variations. See “Housing Types.” 1. Cluster - Dwelling units arranged to retain open space areas equal to or greater than the cumulative total open space areas normally required under the applicable zone; the permitted gross density of a site is maintained. 2. Condominium - Form of ownership where the owner has a deed to a volume of space; governed by the provisions of ORS Chapter 100. 3. Townhouse - Three or more attached dwelling units, each on a separate lot, often with two stories and with ground floor access. 4. Rowhouse - Three or more attached dwelling units, each on a separate lot. 5. Triplex, Fourplex, Fiveplex, Sixplex, etc. - Multi-dwelling with three or more attached dwelling units on the same lot. 6. Apartment House - Multi-dwelling building or portion thereof designed, built, rented, leased, let, or hired out to be occupied; or the residence of three or more families living independently of one another. Carport - Roofed structure or a portion of a building open on two or more sides; used primarily for parking of motor vehicles. Cemetery - Land used or intended to be used for burial of the dead and related cemetery activities, including columbarium, crematoriums, mausoleums, and mortuaries, when operated in conjunction with and within the boundary of the cemetery. 1.6 - 8 LDC December 18, 2000 Church - Permanently located, fully enclosed building used primarily for religious worship. City - City of Corvallis, a municipal corporation of the State of Oregon, involved in activities in either its governmental or its corporate capacity; otherwise, that officer, department, or agency of the City indicated by the context; or City Manager where the context does not clearly indicate a specific officer, department, or agency. Comprehensive Neighborhood - A primarily residential area that offers a range of uses to provide for the daily needs and activities of residents within easy walking distance of residences. Comprehensive neighborhoods contain a variety of housing opportunities, at overall densities that can support appropriately scaled commercial development and viable public transportation. The core of a comprehensive neighborhood contains a Major Neighborhood Center that serves community-wide shopping and office needs. The design of a comprehensive neighborhood fosters a sense of community with safe, vital public areas, while working to ensure compatibility and effective transitions between diverse uses. Conservation Easement - Nonpossessory interest of a holder in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic, or open space values of real property; ensuring its availability for agricultural, forest, recreational, or open space use; protecting natural resources; maintaining or enhancing air or water quality; or preserving the historical, architectural, archaeological, or cultural aspects of real property. Also defined in ORS 215.715. Consolidation - Elimination of property line(s) of unplatted land to create a single unit of land. Contiguous - Same as “abutting,” except that properties separated by a street may also be considered contiguous. Cupola - Small dome or tower-like structure on a roof. Day(s) - Calendar days unless working days are specified. Day Care, Commercial Facility - Institution, establishment, or place that commonly receives at one time more than 12 persons, for a period not to exceed 12 hours per day. The facility provides the persons with board, care, or training apart from their parents or guardians for compensation or reward in accordance with ORS 657A.250-440. Refer to section 4.9.70 of Chapter 4.9 - Additional Provisions for additional development standards (area per child and buffering). Day Care, Family - "Babysitting," care of 12 or fewer children, including resident family members, as accessory to any residential use. Family day care is not subject to the definition of "Home Business." 1.6 - 9 LDC December 18, 2000 Density Calculation - Density is calculated as either gross density or net density. The minimum density for a site is net density and the maximum density is gross density. a. Density, Gross - Number of dwelling units per gross area, in acres. Gross acreage refers to all acreage in a development site. Additionally, in calculating gross density for a Minor Land Partition site, applicants may include in their acreage calculation 50 percent of the area of any street rights-of-way that front the subject site (for the distance the streets front the subject site). b. Density, Net - Number of dwelling units per net area, in acres. Net acreage refers to all acreage in a development site minus (excluding) public parks, publicly dedicated significant natural feature areas, and/or other areas permanently precluded from development due to development constraints and/or conservation easements. Note: Planned streets shall not be excluded from net acreage. Density Transfer - Permits residential density on a single tax lot or adjoining tax lots under a single development application to be shifted from one part of a site to another part of the same site. Density transfer does not permit a net increase in density for the entire site; however, it can specify that more intense residential building types are permitted within the area of the site that is to receive the density transfer. Developer - Any person, including a governmental agency, undertaking development. Development - Making a material change in the use or appearance of a structure or land, dividing land into two or more parcels, changing the land use designation, or creating or terminating a right of access. Where appropriate to the context, development refers to the act of developing or the result of development. Development Constraints - Conditions that preclude development of an area such as location within a 4th-level water service area, geologic hazards, or significant natural feature areas that require preservation or are permanently preserved via a conservation easement. Development, Intensity of - Relative measure of development impact as defined by characteristics such as the number of dwelling units per acre, amount of traffic generated, and amount of site coverage. Development Site - Legally established lots or parcels of land occupied or capable of being occupied by a building or group of buildings including accessory structures and accessory uses, together with yards or open spaces, setback areas, and access as required by this Code. Director - Community Development Director of the City of Corvallis, or the Director's official designee, with responsibility for administration of this Code. 1.6 - 10 LDC December 18, 2000 Discontinued Use - Non-use; a use that has ceased to be active. Shall not require a determination of the voluntary or involuntary nature of the discontinuance or intent to resume the use. Rental payments or lease payments and taxes are not considered a continued use. Downtown Pedestrian Core Area - Area bound by the Willamette River on the east, Fifth Street on the west, Jackson Avenue on the north (excluding the Benton County Courthouse), and Jefferson Avenue on the south (including Adams Avenue between Second and Third Streets). Downtown Residential Neighborhood - Area generally bound by Sixth Street on the east, Ninth Street on the west, Fillmore Avenue on the north, and Mary’s River on the south. This area is intended to provide housing in close proximity to the Central Business Zone and is identified by the map following Comprehensive Plan Finding 13.5.n. Drainageway - Natural or artificial watercourse, including adjacent riparian vegetation, that transmits natural stream or stormwater runoff from a higher elevation to a lower elevation. Drive-Through Facilities - Facilities that provide services directly to patrons in motor vehicles. Typically, these types of facilities rely on a long driveway or lane that provides adequate room for vehicle stacking at a drive-up service window. 1.6 - 11 LDC December 18, 2000 Dwelling Unit - One or more rooms, with bathroom and kitchen facilities (limited to one kitchen only), designed for occupancy by one family. See “Family.” Easement - Right that a person has to use another’s land for a specific purpose, such as for access or for utilities. Effects of Buoyancy - Uplift force of water on a submerged or partially submerged object. Excavation - Process of mechanically altering the natural grade by stripping or cutting the earth. See “Grading.” Family - An individual or two or more persons related by blood, adoption, or marriage, or a group of not more than five adults unrelated by blood or marriage, living together in a dwelling unit. As used in this Code, "family" also refers to not more than five unrelated physically or mentally handicapped, elderly, or drug- or alcohol-dependent persons receiving treatment, and any number of resident staff persons engaged in their care. The relevant Oregon Revised Statutes that pertain to this definition include ORS 197.660(2) and ORS 197.665. Family Day Care - See "Day Care, Family." FAR - See “Floor Area Ratio.” Final Plat - Final recorded version of a subdivision plat, replat, or partition plat. Final Plat, Partition - Final recorded map, diagram, drawing, replat, or other writing containing all the descriptions, locations, specifications, provisions, easements, dedications, and information concerning a partition. Final Plat, Subdivision - Final recorded map, diagram, drawing, replat, or other writing containing all the descriptions, locations, specifications, dedications, provisions, easements, dedications, and information concerning a subdivision. Flag Lot - Lot not meeting the minimum street frontage requirements and that gains access to the nearest public or private street (private street must be within a separate tract) by means of a narrow strip of land. Flood Insurance Rate Map (FIRM) - Official map on which the Federal Insurance Administration has delineated areas of special flood hazards and the risk premium zones applicable to portions of the community. Flood Plain - The relatively flat area lying adjacent to a river or stream that is covered by water when the river or stream overflows its banks because of a base flood event. See “Base Flood Event.” A flood plain consists of two parts: 1.6 - 12 LDC December 18, 2000 a. Floodway - River channel or other watercourse and the adjacent land areas that accommodate a base flood event without cumulatively rising to a water surface elevation of more than 0.2 ft. b. Floodway Fringe - Area of the flood plain lying outside of the floodway. Floor Area Ratio (FAR) - Gross floor area of all buildings on a lot or development site divided by the net area (see “Area, Net”) of a lot or development site on which the buildings are located. In cases where outdoor areas are directly related to the subject land use(s) (e.g., outdoor storage areas; planting areas for nurseries, tree farms, and agricultural businesses; portions of parking lots used for storage and circulation of moving vans associated with moving businesses; etc.), these outdoor areas may be included in the floor area ratio square footage calculation. However, unless specified otherwise, in no case shall standard parking and circulation areas, landscaping, etc., be included in the floor area ratio square footage calculation. Frontage - Portion of a development site that abuts a public or private street. Full-Line Department Store - Store that provides a depth and variety of general merchandise, apparel, furniture, appliance, and home furnishings. General Development Decision - Development decision that requires some discretion in applying the criteria and standards of this Code. Requires review and approval by staff without a public hearing; public notice prior to the staff decision; and the mailing of a notice of disposition to persons who responded in writing to the public notice. Appeals are made to the Land Development Hearings Board and City Council in accordance with Chapter 2.19 - Appeals. Grade - Average elevation of the land; the percent of rise or descent of a sloping surface. Usually described as finished or natural, and measured in feet above sea level. Grade, Finished - Final elevation of the ground level after development. Grade, Natural - Elevation of the ground level in its natural state, before construction, filling, or excavation. Grading - Stripping, cutting, filling, or stockpiling of earth or land, including the land in its cut or filled condition, to create new grades. Green Area - Includes a site’s landscaping, private preservation areas, and/or pedestrian amenities such as sidewalks, plazas, multi-use paths, unenclosed patios, and decks. Does not include areas covered by buildings, covered structures enclosed on one or more sides, parking areas, or vehicle circulation areas. Habitable Floor - Floor usable for living purposes, which includes working, sleeping, eating, cooking, or recreation, or a combination of these. 1.6 - 13 LDC December 18, 2000 Height of Buildings - Vertical distance above a reference datum measured to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitched or hipped roof. The height of a stepped or terraced building is the maximum height of any segment of the building. The reference datum shall be selected by either of the following, whichever yields a greater height of building: 1.6 - 14 LDC December 18, 2000 a. Elevation of the highest adjoining sidewalk or ground surface within a 5-ft. horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than 10 ft. above lowest grade. b. Elevation 10 ft. higher than the lowest grade when the sidewalk or ground surface described in "a" is more than 10 ft. above lowest grade. Hearing Authority - City Council or an agency or officer of the Council designated by this Code to conduct public hearings regarding applications for development. Home Business - Lawful commercial activity commonly conducted within a dwelling by members of the family occupying the dwelling, with up to one additional employee not to exceed 40 hours per week. The residential character of the dwelling shall be maintained and the activity conducted in such a manner as not to give an outward appearance nor manifest any characteristic of a business in the ordinary meaning of the term. The activity also does not infringe upon the right of neighboring residents to enjoy the peaceful occupancy of their homes. Garage sales are considered to be home businesses. Bed and breakfast businesses that rent up to two bedrooms within owner-occupied dwellings are also considered to be home businesses. To be considered a home business, the use must comply with all of the following: a. No display shall indicate from the exterior that the building is being used in whole or in part for any purpose other than a dwelling, except that signage consistent with section 4.7.90.01 of Chapter 4.7 - Sign Regulations is allowed. Garage sales are exempt from this provision. 1.6 - 15 LDC December 18, 2000 b. No outside storage of merchandise or materials. Garage sales are exempt from this provision. c. The amount of commercial activity is less intensive than activities permitted in a commercial zone. d. The use will not cause excessive or unusual traffic in the vicinity because of deliveries, pick-ups, parking, sales, or other activities. e. Noise, smoke, or odors do not exceed those created by normal residential use. f. Each garage sale is limited in duration to two consecutive days. No more than six garage sales in one calendar year may be conducted at a residence. Home Occupation - See "Home Business." Homeowners’ Association - Private, incorporated, nonprofit organization operating under recorded land agreements through which each lot owner of a Planned Development or other described land area is automatically subject to a charge for a proportionate share of the expenses for the organization's activities, such as maintaining a common property. Homeowners’ associations are authorized by ORS Chapter 94 and are not City government organizations. Household - Domestic establishment including a member or members of a family and/or others living under the same roof. Housing Types - Residential housing types comprising the following: a. Single Detached # 1,200 sq. ft. - Same as Building Type “Single Detached,” but containing a total footage less than or equal to 1,200 sq. ft. b. Single Detached , 1,200 sq. ft. - Same as Building Type “Single Detached,” but containing a total footage greater than 1,200 sq. ft. c. Single Detached (Zero Lot Line) # 1,200 sq. ft. - Same as Building Type “Single Detached (Zero Lot Line),” but containing a total footage less than or equal to 1,200 sq. ft. d. Single Detached (Zero Lot Line) , 1,200 sq. ft. - Same as Building Type “Single Detached (Zero Lot Line),” but containing a total footage greater than 1,200 sq. ft. e. Accessory Dwelling Unit - Same as Building Type “Accessory Dwelling Unit.” f. Single Attached (2 units) - Same as Building Type “Single Attached (Zero Lot Line).” 1.6 - 16 LDC December 18, 2000 g. Duplex - Same as Building Type “Duplex.” h. Attached (3 - 5 units) - Same as Building Type “Attached,” but containing three to five dwelling units. Can include such housing types as townhouses, rowhouses, flats, and condominiums. i. Attached ( , 5 units) - Same as Building Type “Attached,” but containing greater than five dwelling units. Can include such housing types as townhouses, rowhouses, flats, and condominiums. j. Triplex - Same as Building Type “Multi-Dwelling,” but containing three dwelling units. k. Fourplex - Same as Building Type “Multi-Dwelling,” but containing four dwelling units. l. Apartment Buildings - Same as Building Type “Multi-Dwelling,” but containing greater than four dwelling units. Human Occupancy - Consistent with the definition for Habitable Space (Room) from section 209-H of the 1998 Oregon Structural Specialty Code. Refers to space in a structure for living, sleeping, eating, or cooking. Does not include bathrooms, toilet compartments, closets, halls, storage and utility spaces, and similar areas. Human Scale - A synonym of pedestrian scale, human scale is an informal and relative standard. It suggests that the relationship between a person and the environment, whether natural or human-made, is comfortable, intimate, and contributes to the person’s sense of accessibility. Additionally, human scale refers to the proportional relationship of a particular building, structure, or streetscape element to the human form and function. Hydrodynamic Load - Force of water in motion. Hydrostatic Load - Force of water at rest. Improvement Plan - Maps or drawings showing the layout of improvements to be installed as a condition of approval for development. Irrigation System - Manual or mechanically controlled method of supplying water to an area that needs it. Kitchen - Any room used, intended, or designed for preparation of food and storage of food, including any room with a sink and either a 3/4-in. gas opening or provision for a range or stove. Land Area, Net - See “Area, Net.” 1.6 - 17 LDC December 18, 2000 Land Division - Land divided to create legally separate areas in one of the following ways: a. Partition - Division of land that creates three or fewer parcels within a calendar year when such parcels exist as a unit or contiguous units of land under single ownership at the beginning of the year. See also "Replat, Minor." A partition does not include division of land resulting from any of the following: 1. Establishment or modification of a "tax lot" by the County Assessor; 2. A lien foreclosure, foreclosure of a recorded contract for the sale of real property, or creation of cemetery lots; 3. An adjustment of a property line where an additional unit of land is not created and where the existing unit of land reduced in size by the adjustment complies with any applicable zone criteria established by this Code; or 4. Sale or grant by a person to a public agency or public body for state highway, county road, city street, or other right-of-way purposes provided that such road or right-of-way complies with the applicable Comprehensive Plan policies and ORS 215.213 (2)(q)-(s) and 215.283 (2)(p)-(r). See "Lot Line Adjustment." b. Subdivision - Division of land that creates four or more lots within a calendar year when such lots exist as a unit or contiguous units of land under a single ownership at the beginning of such year. A subdivision does not include division of land resulting from any of the activities in “a.” See also "Replat, Major." Land, Parcel of - Unit of land with established boundaries or a unit of land created by a partition or subdivision. Legal Nonconforming Development - Lawful existing structure or use that does not conform to current requirements of the Code, but which existed before this Code or any amendment to it became effective. Legislative Decision - Formulation of policy characteristic of the actions by a city council. Ex parte contact requirements are not applicable to legislative hearings. In general, personal notice to citizens of proposed changes is not required, although this Code specifies that in some cases notice shall be mailed to property owners if a decision will change the land use designation. In general, the burden of being informed rests on the citizen. See also “Limited Land Use Decision” and “Quasi-Judicial Decision.” Limited Land Use Decision - Land use decision made by City staff through an administrative process and that qualifies as a Limited Land Use Decision under ORS 197.195. Limited land use decisions are included as part of General Developments. 1.6 - 18 LDC December 18, 2000 Lot - Unit of land created from a subdivision and intended for immediate or future transfer of ownership and/or development. See also “Land, Parcel of” and “Parcel.” Lot Area - Total horizontal area within the lot lines of a lot. Lot, Corner - Lot situated at the intersection of two streets, with the interior angle not exceeding 135 degrees. Lot Coverage - Portion of a development site covered by building footprints, structures enclosed on one or more sides, parking areas, and vehicle circulation areas. Lot Depth - Distance from the midpoint of the front lot line to the midpoint of the rear lot line. Lot, Interior - Lot with frontage on only one street. Lot Line - Property line bounding a lot. Lot Line Adjustment - Relocation of a common property line, where no additional lots are created and the lot reduced in size complies with any applicable zoning regulations. Lot Line, Front - In the case of an interior lot, a property line that abuts the public street right-of-way or private street within a separate tract. In the case of a corner lot or a lot where vehicular access is provided off an alley and there is no frontage on a public or private street, the front lot line is based on the structure’s orientation and at least two of the following factors: a. Location of the front door; b. Location of the driveway (when accessed off a public or private street); and/or c. Legal street address. For the purposes of remodeling, rebuilding, constructing additions or accessory structures, etc., a corner lot’s front lot line that was determined at the time of original construction of structure(s) on the lot may be considered valid. Lot Line, Rear - Lot line or lines most distant from and generally opposite the front lot line. In the case of an interior triangular lot or a lot with more than four sides, however, the rear lot line is a straight line 10 ft. in length that: a. Runs parallel to the front lot line or its chord; and b. Intersects the other lot lines at points most distant from the front lot line (see figure below). 1.6 - 19 LDC December 18, 2000 Lot Line, Side - Lot boundary other than a front or rear lot line (see figure under Lot Line, Rear). Lot of Record - Lot or parcel created through applicable land division regulations before adoption of this Code. Lot, Reversed Corner - Corner lot with a rear lot line bordering the side yard of another lot. May or may not be separated by an alley. Lot, Tax - Parcel of real property shown on the County Assessor's map and identified by a tax lot number. A tax lot is not necessarily a lot of record. Lot, Through - Lot with both front and rear lot lines abutting streets. Lot Width - Horizontal distance between the midpoints of side lot lines. Lowest Floor - Lowest floor of the lowest enclosed area in a building, including a basement. Manufactured Dwelling Facility - See "Building Types." Manufactured Home - Dwelling constructed to U.S. Department of Housing and Urban Development (HUD) standards since June 15, 1976, but does not necessarily meet State Building Code standards. Manufactured Home Space - Portion of a Manufactured Dwelling Facility (see Manufactured Dwelling Facility under "Building Types") designated for occupancy of a manufactured home or mobile home. Includes space for accessory structures and outdoor living areas, but excludes common areas (roadways, guest parking, etc.). Manufactured Home Stand - Portion of the Manufactured Home Space (see above) reserved solely for the manufactured home or mobile home structure. 1.6 - 20 LDC December 18, 2000 Ministerial Decision - Nondiscretionary decision made at City-staff level using the criteria and standards of this Code. Mobile Home - Dwelling constructed for movement on public highways and constructed prior to adoption of the June 15, 1976, U.S. Housing and Urban Development (HUD) standards, but meeting the requirements of Oregon's mobile home laws in effect at the time of original construction. Mobile Home Park - See Manufactured Dwelling Facility under "Building Types." Modular Structure - Structure built offsite but placed on a permanent foundation. Meets State Building Code standards. National Geodetic Vertical Datum - Elevation reference mark used in determining a flood boundary and floodway maps, formerly referred to as Mean Sea Level. Nonconforming Development - See “Legal Nonconforming Development.” Also pertains to an unlawful existing structure or use that does not conform to the requirements of the Code or any of its predecessors. North Campus Area - Area generally located north of Monroe Avenue, south of Fillmore Avenue, east of Arnold Avenue, west of Eighth Street, and as particularly described in City Ordinance 92-28. 1.6 - 21 LDC December 18, 2000 Notice of Disposition - Written communication that specifies the action of a hearing authority or Director concerning a development proposal. Nuisance - Interference with the enjoyment and use of property and is annoying, unpleasant, and/or obnoxious. Office - Place designated for the civic and commercial use types of administrative services; business support services; financial, insurance and real estate services; medical services; and professional and research services. See Chapter 3.0 - Use Classifications for definitions of these use types. Open Space - Undeveloped or predominately undeveloped land, including waterways, in and around an urban area. Open space lands are reserved for general community use, and include parks, preserves, general drainageway corridors, and other areas permanently precluded from development. Order - Final disposition of a case, which can be affirmative, negative, injunctive, or declaratory in form. Includes grant, conditional grant, or denial of an application for development. Outdoor Space, Common - Areas intended for common outdoor active or passive recreational use. Normally includes swimming pools, recreation courts, patios, open landscaped areas, preserved natural areas, and/or greenbelts with pedestrian, equestrian, and/or bicycle trails, etc. Does not include off-street parking, loading areas, or driveways. Can be privately owned and maintained, or dedicated to the City. Outdoor Space, Private - Areas intended for private outdoor active or passive recreational use by residents of an individual dwelling unit. Normally includes patios and landscaped areas. Does not include off-street parking, loading areas, or driveways. Overlay Zone - Zone created by ordinance in recognition of a property’s or area’s unique characteristics, such as environmental or historic resources or natural hazards; or a zone created by ordinance to signify that a Planned Development exists or is needed. An overlay zone is applied over the top of a property’s main zone. For example, a Planned Development applied to all or a portion of a Low Density Residential (RS-6) property would result in a PD (RS-6) overlay zone. Parcel - Unit of land created from a partition or subdivision and intended for immediate or future transfer of ownership and/or development. See also “Land, Parcel of” and “Lot.” Partition - See “Land Division.” 1.6 - 22 LDC December 18, 2000 Patio - Inner courtyard or a space for dining or recreation, adjacent to a dwelling, that has a permanent hard surface for a floor (not gravel). Periodic Review - Process between the State, local governments, and others, requiring local governments to update their Comprehensive Plans and land use regulations to carry out State and local goals and objectives. Required every four to 10 years. Permitted Outright - Development activity not subject to discretionary review. An example is a detached single-family residence in an RS-3.5 Zone. Person - Individual, corporation, governmental agency, business trust, estate, personal trust, partnership, association, two or more people having a joint or common interest, or any other legal entity. Planned Development - Land development project comprehensively planned as an entity via a unified site plan. Permits modifications to the site development standards of the underlying zone while maintaining the intent behind the standards. Often proposed to allow for better preservation of significant natural features and/or for innovation in site planning and architectural design. Requires compensating benefits that offset the requested development standard modifications. Plat - See “Final Plat.” Plat, Partition - See “Final Plat, Partition.” Plat, Subdivision - See “Final Plat, Subdivision.” Practicable - Capable of being effected; feasible. Principal Use - Primary or predominant use. Quasi-Judicial Decision - Similar to a court proceeding in which affected parties are afforded procedural safeguards. The quasi-judicial process is characteristic of most meetings of the Planning Commission and Land Development Hearings Board. Personal notice must be mailed to property owners and occupants living within a prescribed distance from the affected area. Unlike legislative cases, the Planning Commissioners or Land Development Hearings Board members are expected to avoid outside discussion of the business at hand and must declare ex parte contacts. See also “Legislative Decision.” Replat, Major - Reconfiguration of lots in a recorded subdivision plat that results in the creation or deletion of four or more lots within one calendar year. Replat, Minor - Reconfiguration of a portion of the lots in a recorded subdivision or partition plat that results in the creation or deletion of three or fewer lots within one calendar year. 1.6 - 23 LDC December 18, 2000 Reserve Strip - Strip of land dedicated to the City and reserved for use as part of a future public street or facility. Residential Care Facility - Facility licensed by the State to accommodate more than five and fewer than 15 mentally or physically handicapped, elderly, or drug- or alcohol- dependent persons. Does not include resident staff persons engaged in their care. Right-of-Way - Public travel route dedicated for vehicular, bicycle, or pedestrian use. Can and often does contain public and franchise utilities. Riparian Management Zone - Area within the Willamette River Greenway, extending from the edge of the waterway to either the top of the bank or to the 10-year flood plain, whichever is greater. Setback - Minimum allowable horizontal distance from a property line (unless otherwise noted) to the nearest vertical wall of a building or structure, fence, or other element as defined by this Code. Sign - Device or medium affixed to property (including the device or medium’s structure, lighting, materials, and component parts) which by reason of its form, color, wording, symbol, design, and illumination, visually communicates, identifies, advertises, informs, announces, or attracts attention to the subject thereof. Sign, Area - Square footage of a sign face within a single continuous rectilinear perimeter that encloses the extreme limits of a sign. Excludes the pole or base of free-standing signs. Where a sign is more than 1 ft. thick, has more than two faces, or is three dimensional, the sign area calculation is based on 50 percent of the surface area of the four vertical faces of the smallest rectangular solid that can be formed around the sign. The area of a sign on an awning, where the awning projects more than 6 ft. from the building face over a walkway to provide weather protection, is determined using the smallest rectangle around the graphic on the awning. A sign on an awning that projects less than 6 ft. shall be considered a three-dimensional sign. 1.6 - 24 LDC December 18, 2000 Sign, Attached - Sign attached to the primary building on the subject property. Includes wall, projecting, fin, parapet, marquee, and awning signs. Sign, Blade - Narrow sign extending perpendicular to a building over a sidewalk. Sign Clearance - Height measured from the highest grade directly beneath the sign to the bottom of the sign structure enclosing the sign face. Sign, Detached - Structurally self-supporting sign not attached to a building, including pole, ground, and monument signs. Sign Frontage, Primary - Length of the property line parallel to and along the street right-of-way adjacent to a property. On through-lots, primary frontage corresponds to the legal street address, auto entrance, building entrance, or front yard of the property. Sign Frontage, Secondary - Face of a building oriented toward an onsite parking lot, private roadway, or public alley. Sign Height - Height as measured from the lowest grade directly beneath the sign to the top of the sign structure enclosing the sign face. 1.6 - 25 LDC December 18, 2000 Sign, Permanent - Sign permanently affixed or attached to a building, structure, or to the ground. Sign, Temporary - Sign temporarily affixed or attached to a building, structure, or to the ground, and/or intended to be displayed for a limited time. Significant Shrub - Living, standing plant over 4 ft. tall (excluding blackberries or poison oak and similar noxious vegetation). Significant Tree - Living, standing woody plant with a trunk 8 in. or more in diameter at breast height (diameter at breast height - DBH). Site - Lot or parcel of land or, when involved in a development proposal, any combination of contiguous lots or parcels of land. Solar Access - Line-of-sight path to the sun during hours that provide beneficial use of solar energy. Solar Access Easement - Private agreement between property owners that protects solar access. Solar easements are prepared and recorded pursuant to ORS 105.880-105.895. Solar-Access-Friendly Trees - Trees with minimal effect on solar access during winter months because of their leafing and branching characteristics; deciduous trees. Solar Access Protection - Right to unobstructed solar access for at least four hours between 9 a.m. and 3 p.m. on November 21 of each year. Solar Building Line - Southern-most place that the south wall of a house can be located and still receive shade protection from buildings located offsite to the south. Solar Collector - Heating or cooling system in which the thermal energy of solar radiation is captured and stored for later release. Solar Energy System - Set of devices used to collect solar energy and convert and store it for purposes including heating and cooling of buildings or for the production of power. a. Active - Solar energy system that uses a separate collector to transform solar radiation into usable heat and a mechanical system to transfer heat to its point of use. b. Passive - Solar energy system that uses natural and architectural components to collect and store solar energy using minimal or no external mechanical equipment. Solar Envelope - Drawing or representation by contour lines of a three-dimensional space over a lot or development site representing the allowable height of structures and vegetation that provides solar access protection for neighboring lots. 1.6 - 26 LDC December 18, 2000 Solar South - Thirty degrees east to 30 degrees west of true south. In Corvallis, true south is 20 degrees east of magnetic south. Special Development Decision - Development decision that requires considerable discretion in applying the criteria and standards of this Code. Involves a public hearing in accordance with the provisions in Chapter 2.0 - Public Hearings, as well as approval by an established hearing authority. Special Zone - Zone created by ordinance in recognition of an area's unique characteristics such as environmental or historic resources, natural hazards, or an identified need for redevelopment. Specification Standards - Measurable standards applicable to development. These standards contain the minimum requirements for design and construction of improvements covered by this Code. Staff - Administrative officers responsible for the operation and management of the City’s departments and divisions. Streets - Designated in the City of Corvallis Transportation Plan as follows: a. Arterial Highways - These consist of State highways, which are the primary gateways into Corvallis and carry nearly all vehicles entering, leaving, or passing through the Corvallis area. The ORE 34/US 20 corridor is designated a Statewide Highway on the National Highway System (NHS) and is a key corridor between I-5 and the Oregon coast. b. Arterial Streets - These connect the State highways, linking major commercial, residential, industrial, and institutional areas. Arterial streets are critical to the Corvallis street network because they generally serve the highest traffic volumes and longest trips. Access control is critical on these facilities to ensure safe and efficient operation. c. Collector Streets - These provide both access and circulation within residential neighborhoods and commercial/industrial areas. Collectors differ from arterials in two ways: 1. Controlled access may not be required for all collectors; and 2. Collectors penetrate neighborhoods, distributing vehicles from the arterials through the area to their ultimate destinations. The standard collector is characterized by a range of uses that typically result in a greater intensity of development along its route or at major intersections with other collectors or arterials. 1.6 - 27 LDC December 18, 2000 d. Neighborhood Collector Streets - These minimize the impact of traffic to adjacent land uses and provide necessary access to residential areas. Neighborhood collectors are similar to standard collectors in that controlled access is unnecessary and that they penetrate neighborhoods, distributing vehicles from the arterials through the area to their ultimate destinations. In the case of a neighborhood collector, however, land use along its route is generally low to medium density residential. The intensity of development at intersections along its route is also generally less intense than might occur for standard collectors. Traffic calming devices such as traffic circles, bulbed intersections, or speed humps are typical means of controlling traffic speeds on neighborhood collectors, and, if used, must be constructed at the time of development. e. Cul-de-Sac - Local street with one outlet and a turnaround. Because emphasis should be placed on the creation of a roughly rectilinear street pattern that encourages the dispersion of local traffic through a number of streets, the use of cul-de-sacs should be minimized. See Comprehensive Plan Policy 11.3.8). f. Local Streets - These provide access to immediately adjacent land. Although through-traffic movement on new local streets usually is deliberately discouraged, this may not be practical for particular neighborhoods. Local Connector or Local Street designations shall be applied to newly developing areas based on review of a street network plan and, in some cases, a traffic study provided with the development application. These designations are based on a number of factors, including density of development, anticipated traffic volumes, and the potential for through traffic. Street network plans must provide for connectivity within the transportation system to the extent that, generally, both local connector and local streets shall be created within a development. Identified traffic calming devices (bulbed intersections, etc.) are to be constructed at the time of development. g. Local Connector Streets - These provide some through-traffic functions within a particular development and access from local streets to arterials, collectors, neighborhood collectors, or other local streets. Local connectors are generally the means by which traffic accesses the community arterial-collector system. h. Shopping Streets - These are located within Neighborhood Centers and may include local, local connector, neighborhood collector, and/or collector streets. Access control and traffic calming along shopping streets shall be typical, sidewalks shall be wider to enhance special pedestrian accessibility and shopping opportunities, and planting strips shall be reduced or eliminated, provided that tree wells and other vegetation amenities are furnished and maintained (such as permanent on-ground or hanging planters). Structure - Combination of materials to form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water. Structure Height - See "Height of Buildings." 1.6 - 28 LDC December 18, 2000 Subdivision - See “Land Division.” Substantial Damage - Damage to structures within the 100-year flood plain or damage to structures containing nonconforming uses, as defined below: a. Substantial Damage to Structures within the 100-Year Flood Plain - Damage of any origin sustained by a structure located within the 100-year flood plain, whereby the cost of restoring the structure to its prior condition would equal or exceed 50 percent of the structure’s market value before the damage occurred. Substantial damage also pertains to flood-related damages sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25 percent of the structure’s market value before the damage occurred. Note: Pursuant to section 4.5.70 of Chapter 4.5 - Flood Control and Drainageway Provisions, new construction, substantial improvements, and encroachments are prohibited within the 0.2-ft.-rise floodway. b. Substantial Damage to Structures Containing Nonconforming Uses - Damage of any origin sustained by a structure containing a nonconforming use, to an extent exceeding 60 percent of the structure’s market value before the damage occurred. Substantial Improvement - Any rehabilitation, repair, reconstruction, or other improve- ment of a structure, the cost of which equals or exceeds 50 percent of the structure’s market value (before “start of construction”). Note: Pursuant to section 4.5.70 of Chapter 4.5 - Flood Control and Drainageway Provisions, new construction, substantial improvements, and encroachments are prohibited within the 0.2-ft.-rise floodway. Substantial improvement exempts the following: a. Any improvement to a structure that would make it comply with existing state or local health, sanitary, or safety regulations to ensure safe living conditions; or b. Any alteration of a structure listed on the National Register of Historic Places. Sunchart - Photograph showing the sun’s positions during different hours and seasons of the year and any trees, buildings, or topographies that obstruct solar access. The sunchart shall include as coordinates the solar altitude in 10-degree increments and solar azimuth in 15-degree increments. Through Lot - Lot that fronts two parallel streets or that fronts two streets that do not intersect at the lot’s boundaries. Through Lot Easement - Landscape easement adjacent to a street and adjacent to or part of a through lot. Contains landscape screening. 1.6 - 29 LDC December 18, 2000 Traffic Calming - Use of devices to slow traffic speeds. Devices include bulbed intersections, speed humps, raised planted medians, mid-block curb extensions, traffic circles, signage, and varied paving materials. Traffic calming is addressed in the Transportation Plan. Use - Purpose of or activity on a site. Use Type - Classification of a use or uses on the basis of common functional, product, or compatibility characteristics, thereby regulating uses in accordance with criteria directly relevant to the public interest. See Chapter 3.0 - Use Classifications for definitions of specific use types. Vacate - Release of interest in a piece of property. Vision Clearance Area - Triangular area located at the intersection of two streets, a street and a railroad, or a street and a driveway. The area is defined by a line across the corner, the ends of which are on the street or alley lines, an equal and specified distance from the corner. Specific distances and prohibitions on visual obstructions within vision clearance areas are contained in Chapter 4.1 - Parking, Loading, and Access Requirements. Visual Obstruction - Fence, hedge, tree, shrub, device, wall, or structure between the elevations of 2 ft. and 8 ft. above the adjacent curb height or above the elevation of the gutter line of a street edge where there is no curb, as determined by the City Engineer, and so located at a street, driveway, or alley intersection as to limit the visibility of pedestrians or persons in motor vehicles. Water-Dependent - Use or activity that can be carried out only on, in, or adjacent to water areas because the use requires access to the water source or to the water body for water- borne transportation, recreation, or energy production. Water-Related - Use not directly dependent upon access to a water body, but that provides goods or services directly associated with water-dependent land or waterway use and that, if not located adjacent to water, would result in a public loss of quality in the goods or services offered. Residences, parking lots, spoil and dump sites, roads and highways, restaurants, businesses, factories, and manufactured home facilities are not generally considered water-dependent or water-related. Yard - Open space unobstructed from the ground upward except as otherwise provided in this Code. In the case of a corner lot, the front, rear, and side yards that were determined at the time of original construction of structure(s) on the lot may be used for the purposes of remodeling, rebuilding, and/or constructing additions, accessory structures, etc. 1.6 - 30 LDC December 18, 2000 Yard, Exterior Side - Yard extending from the front yard to the rear lot line on the street side of a corner lot. Yard, Front - Yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel to the nearest point of the main building. Yard, Rear - Yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and a line parallel to the nearest point of the main building. Yard, Side - Yard between the main building and the side lot line extending from the front yard or front lot line where no front yard is required, to the rear yard. The width of the required side yard is the minimum horizontal distance between the side lot line and a line parallel to the nearest point of the main building. Zone - Area of land within City limits designated for specific types of permitted developments. 2.0 - 1 LDC December 18, 2000 CHAPTER 2.0 PUBLIC HEARINGS Section 2.0.10 - BACKGROUND The following procedures establish the conduct of legislative and quasi-judicial public hearings required by the provisions of this Code. Where this Code and a provision of State law address the same subject, the requirement of State law shall take precedence. Section 2.0.20 - PURPOSES a. Describe rules of conduct, notice requirements, order of proceedings, and action required for legislative and quasi-judicial hearings; and b. Provide clear and consistent rules to ensure that the legal rights of individual property owners and the general public are protected. Section 2.0.30 - DETERMINATION OF HEARING TYPE Within seven days from the date of the Director's request for a hearing, the City Attorney shall determine whether a legislative or a quasi-judicial hearing is required. The decision shall be based upon consideration of applicable State regulations and relevant court decisions. Section 2.0.40 - LEGISLATIVE HEARINGS If this Code requires the City Council or an agency of the City to conduct a legislative hearing, the hearing shall be in accordance with the procedures set forth below. 2.0.40.01 - Notice a. Notice Published in Newspaper - Notice of the hearing shall be published in a newspaper of general circulation at least 10 days prior to the hearing and shall contain the following information: 1. Terms of, or a statement of, the proposed public action; 2. Department of the City from which additional information can be obtained; and 3. Time, place, date, and methods for presentation of views by interested persons. b. Notice Requirements Pursuant to ORS 227.175 - Notice shall be provided to property owners affected by legislative land use actions in the following manner: 2.0 - 2 LDC December 18, 2000 1. Notice Recipients - The statutory notices required by Measure 56 (adopted as ORS 227.175) shall be provided in addition to any other notice required by the Code. These notices include: (a) Notice to all owners of property that will be rezoned to comply with a proposed legislative amendment to the Comprehensive Plan, when the proposed legislative amendment is not required as part of Periodic Review; (b) Notice to all owners of property that will be rezoned as a result of a proposed ordinance; (c) Notice to all owners of property that will be affected by a text amendment that limits or prohibits uses permitted by that zone, when the proposed amendment is not required as part of Periodic Review; and (d) Notice to all owners of property that will be rezoned as the result of a proposed amendment to the Comprehensive Plan or Zoning Ordinance that is a component of the Periodic Review process. 2. Timing of Notices - Notices under 1(a), 1(b), and 1(c) above shall be sent within 20 to 40 days before the first Planning Commission public hearing to review the proposed draft ordinance or amendment. Notices under 1(d) above shall be sent 30 days before the first Planning Commission public hearing to review the proposed draft ordinance or amendment. 3. Rezoning Defined - Notices under this policy are required only if the legislation will require a change to the development zone of the property affected or if the legislation limits or prohibits land uses previously allowed in the affected zone. In cases where zoning standards are changed (e.g., setback changes, landscaping requirements, etc.), a determination shall be made regarding whether the change would limit or prohibit land uses previously allowed. In cases where a previously allowed use would be limited or prohibited, notice is required. 4. Renotification Required - If, during the legislative land use action for which notices have been provided in accordance with ORS 227.175, the hearing authority has rezoned property not previously noticed, or further limited or prohibited uses not previously identified, then renotification shall occur in accordance with these provisions. 2.0 - 3 LDC December 18, 2000 c. Source of Information for Mailed Notification - The County Assessor’s Office most recent property tax assessment roll shall be used for mailed notification. Failure of property owners to receive notice shall not invalidate the action if a good-faith attempt was made to notify all persons entitled to personal notice. 2.0.40.02 - Submission of Written Testimony Any person may submit written recommendations and comments regarding a public hearing item, copies of which shall be kept on file and made available for public inspection. Time limitations on the acceptance of written testimony shall be determined by the hearing authority. 2.0.40.03 - Order of Proceedings Components of the Proceedings - The public testimony portion of the proceedings (“f” through “h” below) is presented in the order in which it shall occur. The order of the remaining components of the proceedings may be varied at the discretion of the hearing authority. a. The presiding officer shall state the case and call the public hearing to order, informing those present that testimony and evidence is to be directed toward the applicable criteria for the case. The presiding officer shall also inform those present that failure to raise an issue in a hearing, in person, or by letter, or failure to provide statements or evidence sufficient to afford the hearing authority an opportunity to respond to the issue, precludes appeal to the State Land Use Board of Appeals on that issue. The presiding officer shall also state that any participant may request that the written record remain open an additional seven days in order to present additional evidence, arguments, or testimony regarding the case. The presiding officer may establish the time allowed for presentation of information. b. City staff shall announce what the record contains. c. Any objections on jurisdictional grounds shall be noted in the record. d. Any abstentions or disqualifications shall be determined. Hearing authority members shall announce all potential conflicts of interest. e. City staff shall present reports. Staff may also present additional information when allowed by the presiding officer. f. Persons who support the proposed action shall present information or make inquiries. 2.0 - 4 LDC December 18, 2000 g. Persons who oppose the proposed action shall present information or make inquiries. h. Persons who do not necessarily support or oppose the proposed action shall present information or make inquiries. i. At the close of presentation of public testimony, the presiding officer shall declare that the hearing is closed unless there is a motion to continue the public hearing. If the hearing is closed, no further information shall be received and, unless the presiding officer has ordered otherwise, no further argument shall be received. j. Once a decision has been made, the presiding officer or staff shall announce the appropriate time and place for appeals. For appeals to the State Land Use Board of Appeals, the appeal period shall be 21 days from the date the decision is signed. 2.0.40.04 - Action by Hearing Authority a. The hearing authority may: 1. Hold the written record open for at least seven days to allow the submittal of additional written testimony; 2. Continue the public hearing; 3. Refer the matter to a committee; 4. Approve the action; or 5. Deny the action. Findings of fact in support of any decision shall be required by State law and shall be in the record of proceedings prior to any final action by the hearing authority. b. If a quorum of the hearing authority does not appear for a hearing, the hearing shall be continued to the date and time of the next regularly scheduled meeting. 2.0.40.05 - Findings of Fact The hearing authority shall state findings of fact prior to any final action. These findings include: 2.0 - 5 LDC December 18, 2000 a. Applicable policies, criteria, and standards against which a proposal was tested; b. Statements ensuring the compliance or noncompliance of the proposed actions with each applicable policy, criterion, and standard; and c. Reasons supporting a conclusion to approve or deny. 2.0.40.06 - Signing of the Order A written order setting forth the action of the hearing authority shall be signed by the presiding officer and shall become effective upon the expiration of the appeal period unless an appeal has been filed in accordance with Chapter 2.19 - Appeals. 2.0.40.07 - Notice of Disposition After the order is signed, the Director shall issue a notice of disposition that describes the decision of the hearing authority, a reference to findings leading to it, and appeal period deadline. The notice of disposition shall be issued to persons who participated in the public hearing (orally or in writing). The notice of disposition shall also be sent to all owners of property proposed for redesignation. Section 2.0.50 - QUASI-JUDICIAL HEARINGS Where a quasi-judicial hearing is required by this Code, it shall be conducted in accordance with the procedures set forth below. Table 2.0 -1 provides a summary of this process. Applicants of development projects within the City are strongly urged to conduct their own informational meetings in the affected neighborhood. This would typically occur sometime prior to the application’s initial submittal. Applicants are also urged to work closely with City staff and are strongly encouraged to attend a pre- application meeting prior to the application’s initial submittal. 2.0.50.01 - Acceptance of Application a. The Director shall review applications for completeness as soon as possible after they are filed. Within 30 days of the original filing, each application shall be formally accepted as complete or rejected as incomplete. The applicant shall be notified of the acceptance or rejection of the application. If the application is rejected, the applicant shall be advised on information needed to complete the application. The applicant also shall be advised that the hearing authority will be unable to approve an incomplete application if it cannot ensure that required criteria have been met. b. After an application is accepted as complete, any revisions to it that result in the need for an additional public notice to be mailed shall be regarded as 2.0 - 6 LDC December 18, 2000 a new application. Such new application shall require additional filing fees and rescheduling of the required public hearing. 2.0.50.02 - Processing an Application Unless otherwise ordered by the hearing authority, the Director shall process applications in the order in which they are filed. 2.0 - 7 LDC December 18, 2000 Table 2.0-1 2.0 - 8 LDC December 18, 2000 2.0.50.03 - Prenotification to Neighborhoods a. Citizens, neighborhood associations, and organizations on file with the City shall receive prenotification if their boundaries include or border the subject property. Prenotification occurs before the 20-day time period referenced in section 2.0.50.04. Prenotification shall contain the following information: 1. Date, time, and place of hearing; 2. Nature of the proposed development, and proposed uses that could be authorized; 3. Address, legal descriptions, or some other means of identifying the subject property; and 4. Name and phone number of a staff member from whom additional information can be obtained. b. Regardless of proximity to property boundaries as mentioned in “a,” prenotification shall be sent to neighborhood contact persons and any citizen who has requested such information. These prenotification mailing lists shall be updated annually. c. Prenotification shall be mailed within approximately 30 days of a pending land use application’s submittal, or when an application for a pending land use action is deemed complete by City staff. 2.0.50.04 - Public Notice a. Notice for Quasi-Judicial Comprehensive Plan Amendment Applications 1. Notice to all owners of property proposed to be redesignated, pursuant to section 2.0.40.01.b; 2. Notice to all owners of property affected by a text amendment that limits or prohibits uses permitted by the property’s land use designation pursuant to section 2.0.40.01.b; and 3. Notice to applicants (who are not owners of property involved in the quasi-judicial Comprehensive Plan Amendment application) and surrounding property owners shall be consistent with section 2.0.50.04.b through 2.0.50.04.g below. 2.0 - 9 LDC December 18, 2000 b. Notice for Quasi-Judicial Applications Not Involving Comprehensive Plan Amendments 1. Date, time and place of the hearing; 2. Nature of the proposed development and the proposed uses that could be authorized; 3. Legal description, address, or tax map designations; 4. Map showing the location of the proposed zone change, subdivision, annexation, and/or conditional development; 5. Name and phone number of a staff member from whom additional information can be obtained; 6. Where a zone change or site development plan is involved, the notice shall state that the hearing authority may consider modifications to the applicant’s request; 7. A list of Code and Comprehensive Plan criteria that apply to the decision; 8. A statement that failure to raise an issue in a hearing, in person, or by letter, or failure to provide statements or evidence sufficient to afford the hearing authority an opportunity to respond to the issue, precludes appeal to the State Land Use Board of Appeals on that issue; 9. A statement that the following are available for inspection at no cost and will be duplicated upon request at reasonable cost: (a) The application; (b) All documents and evidence used by the applicant; and (c) Applicable criteria. 10. A statement that the staff report will be available for review at no cost seven days before the hearing and will be duplicated upon request at reasonable cost; and 11. A description of the hearing procedure with encouragement for concerned citizens to submit testimony orally or in writing. 2.0 - 10 LDC December 18, 2000 c. Notice List - The notice shall be sent by mail at least 20 days prior to the hearing to the following persons: 1. The applicant or authorized agent. 2. Any person who resides on or owns property within 500 ft., excluding street right-of-way, of a parcel of land proposed for: (a) Zone Changes or Comprehensive Plan Amendments (excluding Historic Preservation Overlay Zones and Research Technology Center time extensions). (b) Subdivisions and replats that create 10 or more lots. (c) Conditional Development on parcels greater than 1 acre (including Planned Developments and Willamette River Greenway Permits). (d) Annexation proposals. (e) Establishment/removal of a Historic District Overlay Designation, and/or reclassification of properties within a Historic District. 3. Any person who resides on or owns property within 300 ft., excluding street right-of-way, of a parcel of land proposed for: (a) Subdivisions and major replats that create fewer than 10 lots. (b) Conditional Development on parcels less than 1 acre (including Planned Developments and Willamette River Greenway Permits). 4. Any person who resides on or owns property within 100 ft., excluding street right-of-way, of a parcel of land proposed for: (a) Appeals of a General Development decision of the Director. (b) New construction on an individual property within a Historic Preservation Overlay. Also, new construction on an individual property designated as having historic/contributing properties within a Historic District. (c) Alterations of historic structures using dissimilar materials on an individual property within a Historic Preservation Overlay Zone. Also, alterations of historic structures on an individual 2.0 - 11 LDC December 18, 2000 property designated as having historic/contributing properties within a Historic District. (d) Request for extension of services outside the City limits. In addition, all property owners between the City limits and the subject property shall be mailed a notice. (e) Sign variance. 5. Tenants of an existing manufactured home facility for which a development zone change is proposed. 6. Any other person, agency, or organization required to receive notice per the requirements for vacating public lands, including subdivision plats and street rights-of-way, as provided in Chapter 2.8 - Vacating of Public Lands and Plats and ORS 271.080. 7. Any other person, agency, or organization that has filed a request to the Director to receive notices of hearings and has paid a reasonable fee to cover receipt; 8. Any other person, agency, or organization that may be designated by this Code, the City Council, or its agencies; and 9. Any other resident owner of property whom the Director determines is affected by the application. d. The County Assessor's Office most recent property tax assessment roll shall be used for mailed notification. Notices shall be sent to the occupant and to the owner if the Assessor's records indicate that the owner's address differs from the site address. Persons whose names and addresses are not on file at the time of the application’s filing need not be notified of the action. Failure of property owners to receive notice shall not invalidate the action if a good-faith attempt was made to notify all persons entitled to mailed notice. e. Notice shall be posted in at least one conspicuous place along each street frontage of a site, at least 20 days prior to the hearing date. Notices shall be posted pursuant to administrative procedures established by the Director. f. Notice shall be published in a newspaper of general circulation at least 10 days prior to the hearing date. In addition, where the Director determines that persons may be affected outside of the notice area, a display ad may be published in a newspaper of general circulation at least seven days prior to the hearing date. 2.0 - 12 LDC December 18, 2000 g. Where a hearing is continued by the hearing authority to a specific date, no additional notice need be given. 2.0.50.05 - Hearing Authority The City Council or an agency of the City Council shall be designated by this Code as the hearing authority for specific types of development proposals that require a quasi-judicial hearing. 2.0.50.06 - Order of Proceedings Components of the Proceedings - The public testimony portion of the proceedings (“i” through “l” below) is presented in the order in which it shall occur. The order of the remaining components of the proceedings may be varied at the discretion of the hearing authority. a. The presiding officer will state the case and call the public hearing to order, informing those present that testimony and evidence is to be directed towards the applicable criteria for the case. The presiding officer shall also inform those present that failure to raise an issue in a hearing, in person, or by letter, or failure to provide statements or evidence sufficient to afford the hearing authority an opportunity to respond to the issue, precludes appeal to the State Land Use Board of Appeals on that issue. The presiding officer shall also state that any participant may request that the written record remain open an additional seven days in order to present additional evidence, arguments, or testimony regarding the application. The presiding officer may establish the time allowed for the presentation of information. b. City staff shall announce what the record contains. c. Any objections on jurisdictional grounds shall be noted in the record. d. Any abstentions or disqualifications shall be determined. Hearing authority members shall announce all potential conflicts of interest and areas of bias and shall disclose the time, place, and nature of any ex parte contacts they have had. Parties to the case shall have the opportunity to rebut any information contained in the ex parte contact. e. The hearing authority may view the area in dispute for purposes of evaluating the proposal, but shall state in the record the place, time, manner, and circumstances of such viewing. f. City staff shall present an overview of the case, including the location of the site and general information such as the applicable land use designations. 2.0 - 13 LDC December 18, 2000 g. The applicant or those representing the applicant shall present information. h. City staff shall present a report, including a list of criteria applying to the case. Staff may also present additional information when allowed by the presiding officer. i. Persons who support the proposed change shall present evidence or make inquiries. If additional evidence or documents are provided in support of an application, any party shall, upon request, be entitled to prepare a written rebuttal to the new evidence. If an opportunity for such written rebuttal is requested, the hearing authority shall hold the written record open for a minimum of seven days to allow for the submission of written rebuttals. When requested by the applicant, such a continuance is exempt from the time limits established in State law for development review processes. j. Persons who oppose the proposed change shall present evidence or make inquiries. k. Persons who do not necessarily support or oppose the proposed change shall present evidence or make inquiries. l. Rebuttal testimony may be presented by persons who have testified. The scope of material presented during rebuttal shall be limited to matters raised during the course of the hearing. The applicant or the applicant’s representative shall present the first rebuttal, followed by surrebuttal by those who testified in opposition to the proposed change. Those persons who testified neutrally may not participate in surrebuttal. The presiding officer shall limit rebuttal and surrebuttal to avoid repetition. Prior to the close of the public hearing, the presiding officer shall ask the applicant to state a preference to either provide a final written argument within seven days or to waive that opportunity. m. At the close of presentation of public testimony, the presiding officer shall declare that the hearing is closed unless there is a motion to continue the public hearing. If the hearing is closed, any participant in the initial hearing may request that the record remain open for submittal of additional written testimony for seven days after the close of the hearing. At the discretion of the hearing authority, the record may be permitted to remain open for a longer period for the submittal of additional written testimony. n. Once a hearing has been closed, no further evidence shall be received except in response to specific questions directed to staff or one of the parties to clarify earlier evidence and except as allowed in “m" above. Opportunity for brief rebuttal shall also be afforded to opposing parties. 2.0 - 14 LDC December 18, 2000 A closed hearing shall be reopened only upon a majority vote of the hearing authority and only after a reasonable showing that: 1. There is evidence that was not reasonably available at the time of the hearing; 2. Evidence is now available to the person seeking to reopen the hearing; and 3. The evidence is factual, substantial, and material. Upon reopening a hearing, any person may raise new issues that relate to the new evidence, testimony, or criteria for decision-making that apply. o. Once a decision has been made, the presiding officer or staff shall announce the appropriate time and place for appeals. For appeals from a lower City hearing authority to a higher City hearing authority, the appeal period shall be 12 days from the date the written decision is signed. Appeals to the State Land Use Board of Appeals shall be made in accordance with the provisions of State law. 2.0.50.07 - Testimony Rules of Procedure a. Formal rules of evidence shall not apply. b. Written exhibits, visual aids, affidavits, maps, and the like may be submitted as part of the evidence. Any signed writing presented to or received by any member of the hearing authority or by any other City agency or official outside the public hearing may be received as argument and placed in the record. Unless the hearing authority specifically allows later filing of argument, no writings received after the close of the hearing will be considered as argument. c. All information received by the hearing authority shall be retained, preserved, and transmitted to an appellate body in the event an appeal is filed in accordance with Chapter 2.19 - Appeals. Certified copies of original information may be substituted for original documents. d. All evidence and argument shall be as brief as possible, consistent with full presentation. e. Redundancy shall be avoided. f. With the exception of Code enforcement-related interruptions by the presiding officer, each person presenting information or argument shall be allowed to complete the presentation without interruption. 2.0 - 15 LDC December 18, 2000 g. Discussion of personalities shall be avoided to the extent possible in making a complete presentation. h. No person present shall engage in applause, cheers, or other vocal or outward expressions of approval or disapproval, agreement or disagreement. If any person persists in such conduct after receiving warning by the presiding officer, such person may be expelled from the hearing. i. The presiding officer has complete authority to enforce these provisions and to ensure that a fair hearing is held. The presiding officer also has the authority to expel from the public hearing and to bar from further appearance at the public hearing any person who willfully violates any of these provisions. 2.0.50.08 - Voting Eligibility When a member of the hearing authority becomes ineligible to vote due to absence from a portion of the public hearing on the proposed development, the member may revive voting eligibility by listening to the completed tape recording of the portion of the hearing missed. The member shall then announce to the hearing authority that he or she has listened to the tapes. 2.0.50.09 - Action by Hearing Authority The hearing authority shall act upon the development proposal application within 120 days after the application is deemed complete unless such time limitation is ex- tended with the consent of the applicant or as required by law. Unless otherwise ordered by the hearing authority, the Director shall process applications in the order in which they are filed. a. The hearing authority may: 1. Hold the written record open for at least seven days to allow the submittal of additional written testimony; 2. Continue the public hearing; 3. Refer the matter to a committee; 4. Approve the applications as submitted; 5. Deny the request; or 6. Approve the request with conditions in accordance with "b" below. 2.0 - 16 LDC December 18, 2000 Findings of fact in support of any decision shall be required in accordance with 2.0.50.10 below, and shall be in the record of proceedings prior to any final action by the hearing authority to approve, approve with conditions, or deny a request. b. The following limitations shall be applicable to conditional approvals: 1. Conditions shall be fulfilled within the time limitations set forth in the conditional approval; and 2. Such conditions may concern any matter subject to regulation under this Code or other law, policy, or ordinance of the City. c. The hearing authority may vote to continue any public hearing to a later date and time. If a quorum of the hearing authority does not appear for a hearing, the hearing shall be continued to the date and time of the next regularly scheduled meeting. 2.0.50.10 - Findings of Fact Findings shall include: a. A preamble summarizing basic facts regarding the property and action taken prior to the public hearing by the hearing authority. This preamble shall include but is not limited to statements regarding: 1. Size and location of property in question, including tax lot numbers and map numbers; 2. Purpose of application; 3. Date of original application; 4. Statement of applicant's legal interest in the property; 5. Whether applicant represents self or another person; 6. Date of all public hearings and actions taken at those hearings; and 7. Other relevant background facts, as appropriate. b. Identification of applicable legal criteria for decision making. These may include this Code, the Corvallis Charter, Comprehensive Plan, applicable Statewide Planning Goals, and applicable State statutes. 2.0 - 17 LDC December 18, 2000 c. Conclusions, individually numbered. Such findings must relate relevant facts to the legal criteria identified previously. The findings may require an explanation of possible conflict between provisions of identified legal criteria and an explanation of how any such conflicts were resolved. d. All parties shall be encouraged to prepare and submit written findings for the consideration of the hearing authority. The hearing authority may direct staff to prepare proposed findings or, in the event that the authority does not follow staff's recommendation, the prevailing party may be directed to prepare findings. 2.0.50.11 - Signing of the Order A written order setting forth the action of the hearing authority shall be signed by the presiding officer or designate of the hearing authority and shall become effective upon the expiration of the appeal period unless an appeal has been filed in accordance with Chapter 2.19 - Appeals. 2.0.50.12 - Notice of Disposition After the order is signed, the Director shall issue a notice of disposition that describes the decision of the hearing authority, a reference to findings leading to it, any conditions of approval, and appeal period deadline. The notice of disposition shall be issued to persons who participated in the public hearing (orally or in writing). The notice of disposition shall also be sent to applicants and all owners of property involved in the application. 2.0.50.13 - Public Information a. A copy of these provisions shall be made available to any interested persons. b. Copies of the Testimony Rules of Procedure (section 2.0.50.07) shall be available to the public within the hearing room prior to and during every public hearing conducted pursuant to this chapter. 2.0.50.14 - Applicant’s Request for Delay Upon receipt of an applicant’s written request for a delay in the processing of an application, the Director may allow the request, provided that the time that the application is placed on hold does not exceed one year from the date the request is filed with the Community Development Department, and provided that the applicant agrees in writing to waive the 120-day processing time frame. After this 1-year period has expired, a new application and fee are required. 2.0 - 18 LDC December 18, 2000 2.0.50.15 - Reapplication Following Denial Upon final denial of a development proposal, a new application and fee for the same development or any portion thereof shall not be accepted for a period of one year from the date of denial. Upon consideration of a written statement by the applicant showing how the proposal has been sufficiently modified to overcome the findings for denial or that conditions have changed sufficiently to justify reconsideration of the original or a similar proposal, the Director may waive the 1-year waiting period. 2.0.50.16 - Multiple Applications Filed Together When more than one application has been filed at one time for a specific property or development, and any of those applications would ordinarily be heard by the Planning Commission, all of the applications shall be heard by the Planning Commission at the same meeting. For example, applications for Zone Changes are ordinarily heard by the Land Development Hearings Board. When a zone change is sought simultaneously with an amendment to the Comprehensive Plan, however, the two applications shall be considered together by the Planning Commission and no action by the Land Development Hearings Board is required. 2.0.50.17 - Filing Deadlines Unless specified otherwise in this Code, an application that has been filed on or before the last Monday of the month, and found to be complete within the next 30 days, shall be scheduled for a Planning Commission public hearing in the third month following the application submittal. For example, applications filed the last Monday in January, and found to be complete by the end of February, shall be heard by the Planning Commission in April. Section 2.0.60 - PROCEDURES FOR HEARINGS INVOLVING REMANDS FROM THE STATE LAND USE BOARD OF APPEALS (LUBA) Procedures for hearings involving both voluntary and involuntary remands from the State Land Use Board of Appeals shall be as follows: a. The Director shall present the remand directly to the City Council so that it can decide how to proceed. The Director shall inform the City Council of the nature of the remand, and the Council shall make a formal decision regarding procedures prior to any hearing to decide the matter. The Council may decide to do any of the following: 1. Send the matter to another authorized decision-making body (e.g., Land Development Hearings Board or Planning Commission); 2.0 - 19 LDC December 18, 2000 2. Set a hearing date to decide the matter without re-opening the public hearing on the case; or 3. Set a hearing date and re-open the public hearing for consideration. b. When considering a remand, the hearing authority may consider the case in whole or in part. c. Procedures for public notice and order of proceedings for remands on legislative matters shall be in accordance with section 2.0.40. d. Procedures for public notice and order of proceedings for remands on quasi-judicial matters shall be in accordance with section 2.0.50. 2.1 - 1 LDC December 18, 2000 CHAPTER 2.1 COMPREHENSIVE PLAN AMENDMENT PROCEDURES Section 2.1.10 - BACKGROUND The adopted Comprehensive Plan is the City’s official statement of major policies concerning desired future development of the community. The Comprehensive Plan is the controlling land use planning instrument for the City and, as such, land development regulations and related actions are required to conform with the Plan. This chapter pertains to lands within the City limits. Those portions of the Comprehensive Plan that apply to areas outside the City limits but within the urban growth boundary shall be amended in accordance with the provisions of the Corvallis Urban Fringe Management Agreement. Section 2.1.20 - PURPOSES This chapter describes the review criteria and procedural requirements to accomplish the following: a. Respond to changing conditions and community attitudes; b. Ensure flexibility while maintaining the integrity of the Comprehensive Plan; and c. Establish procedures by which the Plan text and map may be amended. Section 2.1.30 - PROCEDURES 2.1.30.01 - Initiation Comprehensive Plan amendments shall be initiated by one of the following: a. An application submitted by the property owners or their authorized agents; or b. A majority vote of the City Council. City Council initiation of Comprehensive Plan Map amendments shall be considered to accomplish the following: 1. Respond to changed circumstances; 2. Correct inconsistencies with State goals; 3. Accomplish legislative changes affecting a relatively large number of properties or community-wide issues; 2.1 - 2 LDC December 18, 2000 4. Correct inconsistencies between the Comprehensive Plan Map and other policies and maps; 5. Respond to changes in property boundaries; and/or 6. Respond to changes as a result of neighborhood or area-specific master planning efforts. 2.1.30.02 - Frequency of Plan Amendments Applications for Comprehensive Plan amendments initiated by property owners shall be reviewed semi-annually in March and September by the Planning Commission. The City Council may initiate amendments to the Comprehensive Plan at any time. Applications for Comprehensive Plan amendments filed in conjunction with an application for annexation shall be reviewed concurrently. Comprehensive Plan amendments are exempt from the time limits established in State law for development review processes and shall be exempt from time restrictions set forth in this Code. 2.1.30.03 - Application Requirements Notice shall be provided to the Land Conservation and Development Commission (LCDC) of any proposed amendment or new regulation as provided by State law. When the Director deems any requirement below unnecessary for the proper evaluation of a proposed application, it may be waived. The Director may also require additional information, if needed, to adequately evaluate the proposal. Prior to formal submittal of an application, the applicant is encouraged to participate in an informal pre-application conference with Community Development Department staff to discuss the proposal, the applicant’s requirements, and the applicant’s materials developed in response to the applicable Code requirements. Applications for Comprehensive Plan amendments shall be made on forms provided by the Director and shall be accompanied by: a. Fifteen copies of the narrative, on 8.5- by 11-in. sheets and, for Comprehensive Plan Map amendments, 15 copies of graphics at an 8.5- by 11-in. size. The Director may request additional copies of the narrative and/or graphics for routing purposes, if needed. Related names/numbers must be legible on the graphics. The Director may also require some or all graphics at an 11- by 17-in. size if, for legibility purposes, such a size would be helpful; 2.1 - 3 LDC December 18, 2000 b. For Comprehensive Plan Map amendments, six sets of full-scaled black line or blueprint drawings of the graphic(s), with sheet size not to exceed 24- by 36-in. Where necessary, an overall plan with additional detail sheets may be submitted; c. An electronic version of these documents (both text and graphics, as applicable) if an applicant has produced part or all of an application in an electronic format. The applicant shall coordinate with the City regarding compatible electronic formats, to the greatest extent practicable; d. Written consent to the amendment signed by the property owner(s) and/or their legal representative. If a legal representative is used as a signatory, written proof of ability to be a signatory shall be furnished to the City; e. For Comprehensive Plan text amendments, the proposed text changes; f. For Comprehensive Plan Map amendments, a legible vicinity map identifying the area to be amended and showing adjacent City and County territory at least 300 ft. beyond the boundaries of the subject site. The map shall include features such as existing streets and parcel boundaries, existing structures, major drainageways, riparian areas, utilities, and any other information that, in the Director’s opinion, would assist in providing a context for the proposed map amendment. Maps shall be submitted at an 8.5- by 11-in. size and 24- by 36-in. size. The Director may also require maps at an 11- by 17-in. size, and/or may require an area greater than 300 ft. beyond the site if such a map would be helpful; g. Existing and proposed zoning maps (typically 1 in. = 400 ft., but up to 1 in. = 800 ft., depending on the size of the site) with a key that identifies each zone on the site and within 1,000 ft. of the site as per City format; h. Existing and proposed Comprehensive Plan maps (typically 1 in. = 800 ft.) with a key that identifies each land use designation on the site and within 1,000 ft. of the site as per City format; i. Existing land use map (typically a topographic map that extends at least 1,000 ft. beyond the site). The map shall include building footprints and distinguish between single-family, multi-family, commercial, and industrial uses, as well as other significant features such as roads, drainageways, riparian areas, parks, and schools; j. For Comprehensive Plan Map amendments, Significant Natural Features map(s) and a preservation plan that together identify significant natural features of the site and proposed methods of preservation, including but not limited to: 2.1 - 4 LDC December 18, 2000 1. Watercourses, floodplains, wetlands, and riparian areas. The map shall indicate boundaries, acreages, and names, where applicable. Where watercourses are involved, the map shall also show the top of existing banks and channel depth, and indicate the boundaries of any riparian areas and required drainageway dedications. Calculations used to determine the width of the drainageway dedications shall be provided, as well as cross-sections (at 50-ft. intervals) to support the calculations. The cross-sections shall show a width encompassing the watercourse and at least 20 ft. on either side of the top of banks (refer to Chapter 4.5 - Flood Control and Drainageway Provisions for additional guidance). 2. Significant natural vegetation (refer to Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting for guidance). The map shall indicate species, canopies, and diameters at breast height for trees. In cases where a site contains large groves of significant vegetation that result in a single large canopy, the map may indicate the outer perimeter of the canopy of each grove, and state the species and ranges of tree diameters at breast height for each species within the grove. 3. Plants, plant communities, and fish and wildlife habitat found on the site that are listed as threatened or endangered with the National Marine Fisheries Service or the U.S. Fish and Wildlife Service, as well as significant native vegetation as defined in the Oregon National Heritage Plan (1998), which may include certain woodlands, grasslands, wetlands, riparian vegetation, and plant species. 4. Archaeological sites recorded by the State Historic Preservation Office (SHPO). k. One set of assessor’s maps of the subject site and surrounding area, with the subject site outlined in red; l. Statement of availability, capacity, and status of existing water, sewer, storm drainage, transportation, park, and school facilities. The applicant shall obtain this information using GIS base maps where available; m. Statement of increased demand for the facilities that will be generated by the proposed change in land use designation. The applicant shall refer to the criteria of the City’s facility master plans (available via the City Engineer) to determine the methodology used to estimate public facility demands. Information related to an actual development proposal may be included for informational purposes. At minimum, the demand calculations associated with the full range of development potential (min. to max.) under current vs. proposed land uses designations shall be addressed in the analysis; . 2.1 - 5 LDC December 18, 2000 n. Statement of additional facilities required to meet the increased demand and phasing of such facilities in accordance with projected demand. The applicant shall review adopted public facility plans, master plans, and capital improvement programs, and state whether additional facilities are planned or programmed for the subject area. Information related to an actual development proposal may be included for informational purposes. At minimum, the demand calculations associated with the full range of development potential (min. to max.) under current vs. proposed land uses designations shall be addressed in the analysis; o. Traffic impact study, if required by the City Engineer. The City Engineer shall define the scope of the traffic impact study based on established procedures. Information related to an actual development proposal may be included for informational purposes. At minimum, the traffic calculations associated with the full range of development potential (min. to max.) under current vs. proposed land uses designations shall be addressed in the analysis; p. Statement outlining the method and source of financing required to provide additional facilities; and q. Statement of the reasons for the change, and how the proposal meets the review criteria in section 2.1.30.06 or 2.1.30.07, whichever is applicable. 2.1.30.04 - Acceptance of Application a. The Director shall review the application in accordance with Chapter 2.0 - Public Hearings. b. After accepting a complete application, the Director shall schedule a public hearing to be held by the Planning Commission. Notice of the hearing shall be provided in accordance with Chapter 2.0 - Public Hearings. 2.1.30.05 - Staff Evaluation The Director shall prepare a report that evaluates whether the proposal complies with the review criteria below. The report shall include a recommendation for approval or denial. 2.1.30.06 - Review Criteria for the Majority of Comprehensive Plan Amendments a. This section addresses review criteria for the following: 1. Text amendments to the Comprehensive Plan; and 2.1 - 6 LDC December 18, 2000 2. Amendments to the Comprehensive Plan Map that do not involve a map amendment to Open Space-Conservation or Public Institutional, when such a map amendment is required as part of an annexation request per Chapter 2.6 - Annexations. Comprehensive Plan amendments shall be reviewed to ensure consistency with the purposes of this chapter, policies of the Comprehensive Plan, and any other applicable policies and standards adopted by the City Council. b. Amendments shall be approved only when the following findings are made: 1. There is a demonstrated public need for the change; 2. The advantages to the community resulting from the change shall outweigh the disadvantages; and 3. The change proposed is a desirable means of meeting the public need. c. Proposed amendments to the Comprehensive Plan Map shall demonstrate compatibility in the following areas, as applicable: 1. Basic site design (e.g., the organization of uses on a site and the uses’ relationships to neighboring properties); 2. Visual elements (scale, structural design and form, materials, etc.); 3. Noise attenuation; 4. Odors and emissions; 5. Lighting; 6. Signage; 7. Landscaping for buffering and screening; 8. Transportation facilities; 9. Traffic and offsite parking impacts; 10. Utility infrastructure; 11. Effects on air and water quality (note: a DEQ permit is not sufficient to meet this criterion); 2.1 - 7 LDC December 18, 2000 12. Consistency with the applicable development standards, including the applicable pedestrian oriented design standards; 13. Preservation and/or protection of significant natural features and wildlife habitat, consistent with the Comprehensive Plan; and 14. To the maximum extent practicable, grading (cuts and fills) shall be minimized, streets shall be designed along contours, and structures shall be designed to fit the topography of the site. 2.1.30.07- Review Criteria for Remainder of Comprehensive Plan Amendments a. This section addresses review criteria for Comprehensive Plan Map amendments that involve a map amendment to Open Space-Conservation or Public Institutional, when such a map amendment is required as part of an annexation request per Chapter 2.6 - Annexations. This type of a Comprehensive Plan Map amendment shall be reviewed to ensure consistency with the purposes of this chapter, policies of the Comprehensive Plan, and any other applicable policies and standards adopted by the City Council. b. Amendments shall be approved only when the following findings are made: 1. The proposed Comprehensive Plan Map amendment is part of an annexation proposal; and 2. The annexation proposal includes areas planned for open space, general community use, or public or semi-public ownerships; and the proposed Comprehensive Plan Map amendment to Open Space- Conservation or Public Institutional pertains to these lands, as follows: (a) Areas planned for open spaces or future general community use, including planned parks, preserves, and general drainageway corridors, shall be redesignated on the Comprehensive Plan Map as Open Space-Conservation. (b) Existing, proposed, or planned areas of public or semi-public ownership, such as Oregon State University facilities or lands, school sites, City reservoirs, and portions of the Corvallis Municipal Airport, shall be redesignated on the Comprehensive Plan Map as Public Institutional. 2.1 - 8 LDC December 18, 2000 c. Proposed amendments to the Comprehensive Plan Map shall demonstrate compatibility in the following areas, as applicable: 1. Basic site design (e.g., the organization of uses on a site and the uses’ relationships to neighboring properties); 2. Visual elements (scale, structural design and form, materials, etc.); 3. Noise attenuation; 4. Odors and emissions; 5. Lighting; 6. Signage; 7. Landscaping for buffering and screening; 8. Transportation facilities; 9. Traffic and offsite parking impacts; 10. Utility infrastructure; 11. Effects on air and water quality (note: a DEQ permit is not sufficient to meet this criterion); 12. Consistency with the applicable development standards, including the applicable pedestrian oriented design standards; 13. Preservation and/or protection of significant natural features and wildlife habitat, consistent with the Comprehensive Plan; and 14. To the maximum extent practicable, grading (cuts and fills) shall be minimized, streets shall be designed along contours, and structures shall be designed to fit the topography of the site. 2.1.30.08 - Action by the Planning Commission The Planning Commission shall conduct a public hearing in accordance with Chapter 2.0 - Public Hearings. Following the close of the public hearing, the Commission shall make a recommendation to the City Council concerning the proposed Comprehensive Plan amendment. The Commission's recommendations shall include findings that specify how the proposal has or has not complied with the above review criteria. 2.1 - 9 LDC December 18, 2000 2.1.30.09 - Action by the City Council Upon receipt of the Planning Commission's recommendation, the City Council shall set a public hearing in accordance with Chapter 2.0 - Public Hearings. Following the close of the public hearing, the City Council shall either deny the application or adopt an ordinance approving the proposed Comprehensive Plan amendment or a modification thereof. The City Council's decision shall include findings that specify how the proposal has or has not complied with the above review criteria. 2.1.30.10 - Notice of Disposition The Director shall provide the applicant with a notice of disposition in accordance with Chapter 2.0 - Public Hearings that includes a written statement of the City Council's decision, a reference to findings leading to it, and the appeal period deadline. A notice of disposition shall also be mailed to persons who presented oral or written testimony at the public hearing. 2.1.30.11 - Map Errors If the City Council approves a Comprehensive Plan Map amendment, but the Director discovers that the Comprehensive Plan Map was not altered to accurately reflect the amendment, the Director shall correct the Comprehensive Plan Map to comply with the amendment without any additional public review. The map amendment shall not be corrected if the City Council subsequently approves a Comprehensive Plan Map amendment affecting the initial approval. Map corrections made by the Director shall be reported to the Council and the owner of the property receiving the correction by noting the correction as a consent item on a Council agenda following the correction, and by mailing the property owner notification of the correction. 2.2 - 1 LDC December 18, 2000 CHAPTER 2.2 ZONE CHANGES Section 2.2.10 - BACKGROUND The Official Zoning Map is consistent with the adopted Comprehensive Plan, as amended, and as such is a reflection of the City's land use planning goals. The map has also been adopted as part of this Code. Frequent and piecemeal amendments to the Official Zoning Map can threaten the integrity of the Comprehensive Plan and the likelihood of its successful implementation. Nevertheless, it may be necessary to amend the Official Zoning Map from time to time to correct errors or to respond to changing conditions or unforseen circumstances. When a zone is amended, there often must be a corresponding change to the Comprehensive Plan Map. There are, however, instances where more than one zone corresponds to a site’s Comprehensive Plan designation. In these situations, the zone can be amended without a Plan map change. Table 2.2-1 below illustrates the relationship between the Comprehensive Plan and the Official Zoning Map designations in the City. Zone changes are classified as legislative or quasi-judicial, depending on the number of properties involved. While only the City Council makes legislative decisions regarding zone changes, quasi-judicial decisions may be made by the Planning Commission, Land Development Hearings Board, or upon appeal by the City Council, depending on the nature of the proposed change. When a Zone Change application is reviewed along with a Comprehensive Plan Map amendment or other land use application, the Planning Commission approves or denies the request. However, when no other request is under consideration, the Zone Change request is reviewed and approved or denied by the Land Development Hearings Board. Section 2.2.20 - PURPOSES This chapter describes review criteria and procedural requirements for legislative and quasi-judicial Official Zoning Map changes to accomplish the following: a. Maintain sound, stable, and desirable development within the City; b. Permit changes in zone boundaries where appropriate; c. Ensure zone changes are consistent with the community's land use policies and goals; and d. Lessen the influence of individual economic interests in the land use decision-making process. 2.2 - 2 LDC December 18, 2000 TABLE 2.2-1 COMPREHENSIVE PLAN AND CORRESPONDING ZONING MAP DESIGNATIONS (not including zone overlays) IF THE COMPREHENSIVE PLAN DESIGNATION IS: OFFICIAL ZONING MAP DESIGNATION SHALL BE RESIDENTIAL RESIDENTIAL Low Density (2-6 units/acre) RS-3.5 Low RS-5 Low RS-6 Low Medium Density (6-12 units/acre) RS-9 and 9(U)Medium Medium-High Density (12-20 units/acre) RS-12 and 12(U) Medium-High and Mixed Use Residential (MUR) High Density (over 20 units/acre) RS-20 High and Mixed Use Residential (MUR) Mixed Use Residential (over 12 units/acre) Mixed Use Residential (MUR) OFFICE/COMMERCIAL COMMERCIAL Professional Office Professional and Administrative Office (P-AO) Mixed Use Commercial Minor and Major Neighborhood Center Mixed Use Community Shopping (MUCS) Mixed Use General Commercial (MUGC) Central Business Central Business Zone (CB) Central Business Fringe (CBF) Riverfront (RF) INDUSTRIAL INDUSTRIAL Limited Limited Industrial (LI) Limited Industrial - Office Limited Industrial - Office (LI-O) Mixed Use Employment Mixed Use Employment (MUE) General General (GI) and Mixed Use Employment (MUE) Intensive Intensive (II) and Mixed Use Employment (MUE) Research Technology Research Technology Center (RTC) Mixed Use Transitional Mixed Use Transitional (MUT) OTHERS OTHERS Public-Institutional Oregon State University (OSU) and any other zone for government and public facility uses. Open Space - Agriculture Agriculture/Open Space (AG-OS) Open Space - Conservation Agriculture/Open Space (AG-OS) 2.2 - 3 LDC December 18, 2000 Section 2.2.30 - LEGISLATIVE CHANGE PROCEDURES A zone change is considered a legislative act if the change applies uniformly to all properties in the City or to a sufficiently large number of properties as determined by contemporary legal principles. 2.2.30.01 - Initiation a. A legislative zone change may be initiated by a majority vote of the City Council or a majority vote of the Planning Commission upon finding sufficient cause to initiate a change. b. Property owners may petition the Planning Commission for a hearing by submitting the following: 1. A petition representing a majority (over 50 percent) of property owners within the area of the proposed zone change; and 2. A description and map of the area to be affected and information as may be necessary for an adequate review. If the Planning Commission determines that there is sufficient cause, it shall initiate the zone change in accordance with Chapter 2 - Public Hearings. c. Where a motion by either the City Council or Planning Commission involves a Planned Development designation, the motion by either body need not include a Conceptual or Detailed Development Plan. 2.2.30.02 - Staff Evaluation City staff shall prepare a report that evaluates whether the proposal complies with the review criteria below. The report should include a recommendation for approval or denial. 2.2.30.03 - Review Criteria Legislative zone changes shall be reviewed to determine how they affect City facilities and services, and to ensure consistency with the purposes of this chapter, policies of the Comprehensive Plan, and any other applicable policies and standards adopted by the City Council. 2.2.30.04 - Action by the Planning Commission The Planning Commission shall conduct a public hearing in accordance with the provisions of Chapter 2.0 - Public Hearings. Following the close of the public hearing, the Commission shall make a recommendation to the City Council 2.2 - 4 LDC December 18, 2000 concerning the proposed zone change. The Commission's recommendation shall include findings that specify how the proposal has or has not complied with the above review criteria. 2.2.30.05 - Action by the City Council Upon receipt of the Planning Commission's recommendation, the City Council shall set a public hearing in accordance with Chapter 2.0 - Public Hearings. Following the close of the public hearing, the City Council shall either deny the petition or adopt an ordinance approving the proposed zone change or a modification thereof. The City Council's decision shall include findings that specify how the proposal has or has not complied with the above review criteria. 2.2.30.06 - Notice of Disposition The Director shall provide a notice of disposition in accordance with Chapter 2.0 - Public Hearings that includes a written statement of the City Council’s decision, a reference to findings leading to it, and the appeal period deadline. A notice of disposition shall also be mailed to persons who presented oral or written testimony at the public hearing. Section 2.2.40 - QUASI-JUDICIAL CHANGE PROCEDURES All zone changes not deemed legislative shall be deemed quasi-judicial. 2.2.40.01 - Initiation a. A zone change that is quasi-judicial in nature may be initiated by: 1. Filing of an application by the owner(s) of the subject property(ies); or 2. A majority vote of the City Council or Planning Commission, following the same procedures used for legislative amendments discussed above. b. Where a motion by either the City Council or Planning Commission involves a Planned Development designation, the motion need not include a Conceptual or Detailed Development Plan. 2.2.40.02 - Application Requirements When the Director deems any requirement below unnecessary for the proper evaluation of a proposed application, it may be waived. The Director may also require additional information, if needed, to adequately evaluate the proposal. 2.2 - 5 LDC December 18, 2000 Prior to formal submittal of an application, the applicant is encouraged to participate in an informal pre-application conference with Community Development Department staff to discuss the proposal, the applicant’s requirements, and the applicant’s materials developed in response to the applicable Code requirements. Applications for zone changes shall be made on forms provided by the Director and shall be accompanied by: a. Fifteen copies of the narrative, on 8.5- by 11-in. sheets, and 15 copies of graphics at an 8.5- by 11-in. size. The Director may request additional copies of the narrative and/or graphics for routing purposes, if needed. Related names/numbers must be legible on the graphics. The Director may also require some or all graphics at an 11- by 17-in. size if, for legibility purposes, such a size would be helpful; b. Six sets of full-scaled black line or blueprint drawings of the graphic(s), with sheet size not to exceed 24- by 36-in. Where necessary, an overall plan with additional detail sheets may be submitted; c. An electronic version of these documents (both text and graphics, as applicable) if an applicant has produced part or all of an application in an electronic format. The applicant shall coordinate with the City regarding compatible electronic formats, to the greatest extent practicable; d. Written consent to the zone change signed by the property owner(s) and/or their legal representative. If a legal representative is used as a signatory, written proof of ability to be a signatory shall be furnished to the City; e. A legible vicinity map of the area to be amended that identifies adjacent City and County territory at least 300 ft. beyond the boundaries of the subject site. The map shall include features such as existing streets and parcel boundaries, existing structures, major drainageways, riparian areas, utilities, and any other information that, in the Director’s opinion, would assist in providing a context for the proposed map amendment. Maps shall be submitted at an 8.5- by 11-in. size and 24- by 36-in. size. The Community Development Director may also require maps at an 11- by 17-in. size, and/or may require an area greater than 300 ft. beyond the site if such a map would be helpful; f. Existing and proposed zoning maps (typically 1 in. = 400 ft., but up to 1 in. = 800 ft., depending on the size of the site) with a key that identifies each zone on the site and within 1,000 ft. of the site as per City format; 2.2 - 6 LDC December 18, 2000 g. Comprehensive Plan Map (typically 1 in. = 800 ft.) with a key that identifies each land use designation on the site and within 1,000 ft. of the site as per City format; h. Existing land use map (typically a topographic map that extends at least 1,000 ft. beyond the site). The map shall include building footprints and distinguish between single-family, multi-family, commercial, and industrial uses, as well as other significant features such as roads, drainageways, riparian areas, parks, and schools; i. Significant natural features map(s) and a preservation plan that together identify significant natural features of the site and proposed methods of preservation, including but not limited to: 1. Watercourses, floodplains, wetlands, and riparian areas. The map shall indicate boundaries, acreages, and names, where applicable. Where watercourses are involved, the map shall also show the top of existing banks and channel depth, and indicate the boundaries of any riparian areas and required drainageway dedications. Calculations used to determine the width of the drainageway dedications shall be provided, as well as cross-sections (at 50-ft. intervals) to support the calculations. The cross-sections shall show a width encompassing the watercourse and at least 20 ft. on either side of the top of banks (refer to Chapter 4.5 - Flood Control and Drainageway Provisions for additional guidance). 2. Significant natural vegetation (refer to Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting for guidance). The map shall indicate species, canopies, and diameters at breast height for trees. In cases where a site contains large groves of significant vegetation that result in a single large canopy, the map may indicate the outer perimeter of the canopy of each grove, and state the species and ranges of tree diameters at breast height for each species within the grove. 3. Plants, plant communities, and fish and wildlife habitat found on the site that are listed as threatened or endangered with the National Marine Fisheries Service or the U.S. Fish and Wildlife Service, as well as significant native vegetation as defined in the Oregon National Heritage Plan (1998), which may include certain woodlands, grasslands, wetlands, riparian vegetation, and plant species. 4. Archaeological sites recorded by the State Historic Preservation Office (SHPO). 2.2 - 7 LDC December 18, 2000 j. One set of assessor’s maps of the subject site and surrounding area, with the subject site outlined in red; k. Statement of availability, capacity, and status of existing water, sewer, storm drainage, and transportation facilities. The applicant shall obtain this information using GIS base maps where available; l. Statement of increased demand for the facilities that will be generated by the proposed change in land use designation. The applicant shall refer to the criteria of the City’s facility master plans (available via the City Engineer) to determine the methodology used to estimate public facility demands. Information related to an actual development proposal may be included for informational purposes. At minimum, the demand calculations associated with the full range of development potential (min. to max.) under current vs. proposed land uses designations shall be addressed in the analysis; . m. Statement of additional facilities required to meet the increased demand and phasing of such facilities in accordance with projected demand. The applicant shall review adopted public facility plans, master plans and capital improvement programs, and state whether additional facilities are planned or programmed for the subject area. Information related to an actual development proposal may be included for informational purposes. At minimum, the demand calculations associated with the full range of development potential (min. to max.) under current vs. proposed land uses designations shall be addressed in the analysis; n. Traffic impact study, if required by the City Engineer. The City Engineer shall define the scope of the traffic impact study based on established procedures. Information related to an actual development proposal may be included for informational purposes. At minimum, the traffic calculations associated with the full range of development potential (min. to max.) under current vs. proposed land uses designations shall be addressed in the analysis; o. Statement outlining the method and source of financing required to provide additional facilities; and p. Statement of the reasons for the change, and how the proposal meets the review criteria in section 2.2.40.05. 2.2.40.03 - Acceptance of Application a. The Director shall review the application in accordance with Chapter 2.0 - Public Hearings. b. After accepting a complete application, the Director shall schedule a public hearing. The public hearing shall be conducted by the Planning Commission if the zone change is requested in conjunction with an amendment to the Comprehensive Plan. If no Comprehensive Plan amendment is required to 2.2 - 8 LDC December 18, 2000 approve the zone change, the hearing shall be conducted by the Land Development Hearings Board. 2.2.40.04 - Staff Evaluation The Director shall prepare a report that evaluates whether the proposal complies with the review criteria below. The report shall also include a recommendation for approval or denial. 2.2.40.05 - Review Criteria Quasi-judicial zone changes shall be reviewed to determine how they affect City facilities and services, and to ensure consistency with the purposes of this chapter, policies of the Comprehensive Plan, and any other applicable policies and standards adopted by the City Council. The application shall demonstrate compatibility in the following areas, as applicable: a. Basic site design (e.g., the organization of uses on a site and the uses’ relationships to neighboring properties); b. Visual elements (scale, structural design and form, materials, etc.); c. Noise attenuation; d. Odors and emissions; e. Lighting; f. Signage; g. Landscaping for buffering and screening; h. Transportation facilities; i. Traffic and offsite parking impacts; j. Utility infrastructure; k. Effects on air and water quality (note: a DEQ permit is not sufficient to meet this criterion); l. Consistency with the applicable development standards, including the applicable pedestrian oriented design standards; m. Preservation and/or protection of significant natural features and wildlife habitat, consistent with the Comprehensive Plan; and 2.2 - 9 LDC December 18, 2000 n. To the maximum extent practicable, grading (cuts and fills) shall be minimized, streets shall be designed along contours, and structures shall be designed to fit the topography of the site. 2.2.40.06 - Action by the Hearing Authority The hearing authority shall conduct a public hearing in accordance with the provisions of Chapter 2.0 - Public Hearings. Following the close of the public hearing, the hearing authority shall by motion either approve the proposed zone change or a modification thereof, or deny the petition. The hearing authority's decision shall include findings that specify how the application has or has not complied with the above review criteria. 2.2.40.07 - Notice of Disposition The Director shall provide the applicant with a notice of disposition in accordance with Chapter 2.0 - Public Hearings that includes a written statement of the hearing authority's decision, a reference to findings leading to it, and the appeal period deadline. A notice of disposition shall also be mailed to persons who presented oral or written testimony at the public hearing. 2.2.40.08 - Appeals The decision of the Land Development Hearings Board or Planning Commission may be appealed in accordance with Chapter 2.19 - Appeals. 2.2.40.09 - Effective Date Unless an appeal has been filed, the decision of the Land Development Hearings Board shall become effective 12 days after the notice of disposition is signed. Unless an appeal has been filed, the decision of the Planning Commission made in conjunction with a Comprehensive Plan amendment shall become final 12 days after the notice of disposition is signed. The zone changes will not take effect, however, until and unless the necessary Comprehensive Plan amendment has been implemented by the City Council. 2.2.40.10 - Map Errors If the Land Development Hearings Board, Planning Commission, or City Council approves a zone change, but the Director discovers that the Official Zoning Map was not altered to accurately reflect the zone change, the Director shall correct the Official Zoning Map to comply with the zone change without any additional public review. 2.2 - 10 LDC December 18, 2000 The map change shall not be corrected if the City Council subsequently approves a zone change affecting the initial approval. If the Director discovers an inconsistency between the Official Zoning Map and the Comprehensive Plan Map, the Director shall correct the Official Zoning Map to make it consistent with the Comprehensive Plan Map, without any additional public review. Map corrections made by the Director shall be reported to the Council and owner of the property receiving the correction by noting the correction as a consent item on a Council agenda following the correction, and by mailing the property owner notification of the correction. 2.3 - 1 LDC December 18, 2000 CHAPTER 2.3 CONDITIONAL DEVELOPMENT Section 2.3.10 - BACKGROUND Certain use types listed in each zone require a public hearing to determine how they affect surrounding properties, neighborhoods, and the community as a whole. The Conditional Development review process provides an opportunity to allow a use when potential adverse effects can be mitigated, or deny a use if concerns cannot be resolved to the satisfaction of the hearing authority. It is the intent of this chapter to permit Conditional Developments and Conditional Development Modifications consistent with the Comprehensive Plan, subject to procedures and criteria intended to mitigate potentially negative impacts. Section 2.3.20 - PURPOSES Procedures and review criteria for Conditional Developments are established for the following purposes: a. Permit certain types of public and private development that provide a community service in locations related to their service areas; b. Permit commercial development in locations related to its service area; c. Ensure that Conditional Development is compatible with its immediate area and the affected part of the community; d. Permit uses when potentially adverse effects can be mitigated; and e. Permit a mixture of residential development types. Section 2.3.30 - CONDITIONAL DEVELOPMENT PROCEDURES An application filed for a Conditional Development or a Conditional Development Modification shall comply with the following: 2.3.30.01 - Application Requirements When the Director deems any requirement below unnecessary for proper evaluation of a proposed application, it may be waived. Prior to formal submittal of an application, the applicant is encouraged to participate in an informal pre-application conference with Community Development Department staff to discuss the proposal, the applicant’s 2.3 - 2 LDC December 18, 2000 requirements, and the applicant’s materials developed in response to the applicable Code requirements. Applications for Conditional Developments shall be made on forms provided by the Director and shall be accompanied by: a. Signed consent of the owner(s) or the owners’ legal representatives of the subject property(ies); b. Fifteen copies of the narrative, on 8.5- by 11-in. sheets, and 15 copies of graphics at an 8.5- by 11-in. size. The Director may request additional copies of the narrative and/or graphics for routing purposes, if needed. Related names/numbers must be legible on the graphics. The Director may also require some or all graphics at an 11- by 17-in. size if, for legibility purposes, such a size would be helpful; c. Six sets of full-scaled black line or blueprint drawings of the graphic(s), with sheet size not to exceed 24- by 36-in. Where necessary, an overall plan with additional detail sheets may be submitted; d. An electronic version of these documents (both text and graphics, as applicable) if an applicant has produced part or all of an application in an electronic format. The applicant shall coordinate with the City regarding compatible electronic formats, to the greatest extent practicable; e. Graphic Requirements Graphics shall include the following information where applicable: 1. Public notice map (typically a street map at 1 in. = 800 ft. as per City's public notice format); 2. Zoning map (typically 1 in. = 400 ft., but up to 1 in. = 800 ft., depending on the size of the site) with a key that identifies each zone on the site and within 1,000 ft. of the site as per City format; 3. Comprehensive Plan Map (typically 1 in. = 800 ft.) with a key that identifies each land use designation on the site and within 1,000 ft. of the site as per City format; 4. Existing land use map (typically a topographic map that extends at least a 1,000 ft. beyond the site). The map shall include building footprints and distinguishes between single-family, multi-family, commercial, and industrial uses, as well as other significant features such as roads, drainageways, riparian areas, parks and schools; 2.3 - 3 LDC December 18, 2000 5. Significant natural features map(s) and a preservation plan that together identify significant natural features of the site and proposed methods of preservation, including but not limited to: (a) Watercourses, floodplains, wetlands, and riparian areas. The map shall indicate boundaries, acreages, and names, where applicable. Where watercourses are involved, the map shall also show the top of existing banks and channel depth, and indicate the boundaries of any riparian areas and required drainageway dedications. Calculations used to determine the width of the drainageway dedications shall be provided, as well as cross-sections (at 50-ft. intervals) to support the calculations. The cross-sections shall show a width encompassing the watercourse and at least 20 ft. on either side of the top of banks (refer to Chapter 4.5 - Flood Control and Drainageway Provisions for additional guidance). (b) Significant natural vegetation (refer to Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting for guidance). The map shall indicate species, canopies, and diameters at breast height for trees. In cases where a site contains large groves of significant vegetation that result in a single large canopy, the map may indicate the outer perimeter of the canopy of each grove, and state the species and ranges of tree diameters at breast height for each species within the grove. (c) Plants, plant communities, and fish and wildlife habitat found on the site that are listed as threatened or endangered with the National Marine Fisheries Service or the U.S. Fish and Wildlife Service, as well as significant native vegetation as defined in the Oregon National Heritage Plan (1998), which may include certain woodlands, grasslands, wetlands, riparian vegetation, and plant species. (d) Archaeological sites recorded by the State Historic Preservation Office (SHPO). 6. Site plan(s) and other graphics shall be drawn to scale and shall contain a sheet title, date, north arrow, and legend placed in the same location on each sheet and contain the information listed below. Graphics shall include features within a minimum 150-ft. radius of the site, such as existing streets and parcel boundaries, existing structures, drainageways, riparian areas, driveways, utilities, significant natural features, and any other information that, in the 2.3 - 4 LDC December 18, 2000 Director’s opinion, would assist in providing a context for the proposed development. The Director may require that an applicant’s graphics include information on lands in excess of 150 ft. from a development site (e.g., such as in cases where an adjacent property is large and a view of the whole parcel would be helpful, or when existing infrastructure is far away from the site). The site plan and related graphics shall include: (a) Existing site conditions including contours at intervals sufficient to indicate topographic conditions, watercourses, flood plains (for review in accordance with Chapter 4.5 - Flood Control and Drainage Provisions), and any significant natural features. A slope analysis shall be included on a topographic map of the site to identify slopes with a grade of less than 10 percent, 10 - 15 percent, greater than 15 percent and less than 30 percent, and in excess of 30 percent. The boundaries of the sloped areas shall be clearly identified and the areas discernable from other areas (through the use of different shade patterns, cross-hatching, etc.). Topographic contours at 2-ft. intervals shall be provided for slopes under 20 percent and at 5-ft. intervals for slopes at or greater than 20 percent; (b) Boundary of the proposed Conditional Development and any interior boundaries related to proposed development phases or land divisions; (c) Number of lots and their dimensions, including frontage, depth, and area in sq. ft.; (d) Location and floor area of existing and proposed structures and other improvements, including maximum heights, building types, and gross density per acre for residential developments; and location of fire hydrants, overhead lines in the abutting right of way, easements, fences, walls, and walkways. Where required by the applicable zone, lot coverage and green area calculations shall be provided. Parking calculations shall also be provided; (e) Typical elevations and floor plans of buildings and structures (which may be submitted on additional sheets) sufficient to indicate the architectural intent and character of the proposed development, indicate the entrance and exit points, and permit computations of parking, design, and yard requirements. The elevations shall specify building materials to be used, specifications as to type, color, and texture of proposed 2.3 - 5 LDC December 18, 2000 exterior surfaces, and information demonstrating compliance with Chapter 4.10 - Pedestrian Oriented Design Standards; (f) Location and dimensions of all areas to be conveyed, dedicated, or reserved as common open spaces, green area, recreational areas, school sites, and similar public and semipublic uses; (g) Existing and proposed circulation system plan and dimensions including streets, driveways, sidewalks, multi-use paths, off-street parking areas, service areas (including refuse), loading areas, direction of traffic flow, and major points of access to public rights-of-way. Illustrative cross-sections of streets shall be provided. Notations of proposed ownership (public or private) should be included where appropriate; (h) Existing and proposed general pedestrian circulation system, including its interrelationship and connectivity with the existing and proposed vehicular, bicycle, and pedestrian circulation systems and indicating proposed treatments of points of conflict; (i) Detailed utilities plan showing existing and proposed utility systems and their function, including sanitary sewer, storm sewer, and drainage and water systems; (j) Identification of significant natural features that were included on the significant natural features map(s) required in “5" above to indicate the relationship of the proposal to the site’s significant natural features; (k) Proposed topographic contours at 2-ft. intervals for slopes with a grade under 20 percent and at 5-ft. intervals for slopes with a grade at or greater than 20 percent. Where the grade of any part of the development site exceeds 10 percent or where the development abuts existing developed lots, a conceptual grading plan shall be required. The grading plan shall contain adequate information to evaluate impacts to the site and adjacent areas. To the maximum extent practicable, grading (cuts and fills) shall be minimized, streets shall be designed along contours, and structures shall be designed to fit the topography of the site. If a grading plan is required, it shall indicate how these objectives are met, how runoff or surface water from the development will be managed, and how the development’s surface waters will be disposed; 2.3 - 6 LDC December 18, 2000 (l) Conceptual landscape plan drawn to scale and showing the location of existing trees and vegetation proposed to be removed from or to be retained on the site, the location and conceptual design for landscaped areas (types of plant materials as basic as trees, shrubs, and groundcover/lawn areas), and other conceptual landscape features including walls and fences; and (m) Exterior lighting plan indicating the location, size, height, typical design, material, color, method, and direction of illumination; f. Narrative Requirements A written statement shall include the following information: 1. Statement of the planning objectives to be achieved by the Conditional Development. This statement shall include a description of the proposed development, the rationale behind the assumptions and choices made, and a discussion of how the application meets the review criteria in section 2.3.30.04 below, including the development standards required by this Code; 2. Proposals for setbacks or building envelopes, lot areas where land division is anticipated, and number of parking spaces to be provided (per gross floor area or per number of units); 3. Detailed statement outlining timing, responsibilities, and financial assurances for all public and non-public improvements such as irrigation, private roads and drives, landscape, and maintenance; 4. Statement addressing compatibility of proposed development with adjacent land uses relating to such items as architectural character, building type, and height of proposed structures; 5. Quantitative data for the following, where appropriate: (a) Total number and type of dwelling units; (b) Square footages of all structures; (c) Parcel size; (d) Proposed lot coverage of buildings and structures, where known; 2.3 - 7 LDC December 18, 2000 (e) Gross densities per acre; (f) Total square footage of green area (lands not designated for buildings or vehicle parking and maneuvering areas); (g) Total number of parking spaces (compact, standard, handicapped, bicycle) and a breakdown of how parking is consistent with Code requirements; and (h) Total square footage of nonresidential construction. 6. Statement describing phases of project, if proposed. Phases shall be: (a) Substantially and functionally self-contained and self-sustaining with regard to access, parking, utilities, green areas, and similar physical features; and capable of substantial occupancy, operation, and maintenance upon completion of construction and development; (b) Arranged to avoid conflicts between higher and lower density development; (c) Properly related to other services of the community as a whole and to those facilities and services yet to be provided; and (d) Provided with such temporary or permanent transitional features, buffers, or protective areas as may be required to prevent damage or detriment to any completed phases and to adjoining properties not in the Conditional Development. 7. Traffic impact study, if required by the City Engineer. The City Engineer shall define the scope of the traffic impact study based on established procedures. 2.3.30.02 - Acceptance of Application a. The Director shall review the application in accordance with Chapter 2.0 - Public Hearings. b. After accepting a complete application, the Director shall schedule a public hearing to be held by the Planning Commission. Notice of the hearing shall be provided in accordance with Chapter 2.0 - Public Hearings. c. Any revisions to an accepted application that result in the need for an additional public notice to be mailed shall be regarded as a new application. Such new application shall require additional filing fees and rescheduling of the required public hearing. 2.3 - 8 LDC December 18, 2000 2.3.30.03 - Staff Evaluation The Director shall prepare a report that evaluates whether the proposal complies with the review criteria below. The report shall include a recommendation for approval or denial and, if needed, a list of conditions for the Planning Commission to consider if an approval is granted. 2.3.30.04 - Review Criteria Requests for Conditional Developments shall be reviewed to ensure consistency with the purposes of this chapter, policies of the Comprehensive Plan, and any other applicable policies and standards adopted by the City Council. The application shall demonstrate compatibility in the following areas, as applicable: a. Basic site design (the organization of uses on a site and the uses’ relationships to neighboring properties); b. Visual elements (scale, structural design and form, materials, etc.); c. Noise attenuation; d. Odors and emissions; e. Lighting; f. Signage; g. Landscaping for buffering and screening; h. Transportation facilities; i. Traffic and offsite parking impacts; j. Utility infrastructure; k. Effects on air and water quality (note: a DEQ permit is not sufficient to meet this criterion); l. Consistency with the applicable development standards, including the applicable pedestrian-oriented design standards; m. Preservation and/or protection of significant natural features and wildlife habitat, consistent with the Comprehensive Plan; and n. To the maximum extent practicable, grading (cuts and fills) shall be minimized, streets shall be designed along contours, and structures shall be designed to fit the topography of the site. 2.3 - 9 LDC December 18, 2000 2.3.30.05 - Action by the Planning Commission The Planning Commission shall conduct a public hearing in accordance with Chapter 2.0 - Public Hearings. Following the close of the public hearing, the Commission shall approve, conditionally approve, or deny the conditional use. The Commission's decision shall include findings that specify how the application has or has not complied with the above review criteria. 2.3.30.06 - Notice of Disposition The Director shall provide the applicant with a notice of disposition in accordance with Chapter 2.0 - Public Hearings that includes a written statement of the Planning Commission's decision, a reference to findings leading to it, any conditions of approval, and the appeal period deadline. A notice of disposition shall also be mailed to persons who presented oral or written testimony at the public hearing. 2.3.30.07 - Appeals The decision of the Planning Commission may be appealed in accordance with Chapter 2.19 - Appeals. 2.3.30.08 - Effective Date Unless an appeal has been filed, the decision of the hearing authority shall become effective 12 days after the notice of disposition is signed. 2.3.30.09 - Effective Period of Conditional Development Approval Conditional Development approval shall be effective for a 2-year period from the date of approval. If the applicant has not begun the Conditional Development or its phases within the 2-year period, all approvals shall expire. Where the Planning Commission finds that conditions have not changed, at its discretion and without a public hearing, the Commission may extend the period one time for a period not to exceed two additional years. 2.3.30.10 - Review Criteria for Determining Compliance with an Approved Conditional Development A building permit or other site development permit request shall be reviewed to determine whether the request is in substantial compliance with the approved Conditional Development. It shall be deemed to be in substantial compliance if it is consistent with the review criteria in 2.3.30.04, does not involve modifications to Code development standards, and does not involve changes to any specific requirements established at the time of Conditional Development approval. “Specific requirements” include conditions of approval, Code requirements, and all 2.3 - 10 LDC December 18, 2000 aspects of the applicant’s proposal that were approved as part of the Conditional Development. 2.3 - 11 LDC December 18, 2000 Section 2.3.40 - CONDITIONAL DEVELOPMENT MODIFICATION 2.3.40.01 - Purposes of a Conditional Development Modification a. Provide a limited amount of flexibility with regard to site planning and architectural design for approved Conditional Developments; and b. Provide benefits within the development site that compensate for requested variations from approved Conditional Developments such that the intent of the original approval is still met. 2.3.40.02 - Thresholds of a Conditional Development Modification Within one calendar year, up to three factors identified in “a” through “m” below, which do not exceed the thresholds outlined in these provisions, may be proposed for modification under this section. If more than three such factors are proposed for modification within a calendar year, or if modifications are proposed that exceed the thresholds outlined in “a” through “m” below, the changes shall be processed as a new Conditional Development and shall follow the procedures outlined in section 2.3.30. No modifications to specific requirements established at the time of Conditional Development approval, including conditions of approval, Code requirements, and all aspects of the Conditional Development proposal, can be made as a Conditional Development Modification unless they are less than the thresholds outlined in “a” through “m” below. The thresholds for a Conditional Development modification are as follows: a. Change in use type; b. Increase in dwelling unit density; c. Decrease in dwelling unit density by more than three units for development sites 1 acre or smaller in size; or decrease in dwelling unit density by more than five units or by more than 10 percent, whichever is less, for development sites larger than 1 acre; d. Change in the ratio of the different types of dwelling units; e. Change in the type or location of commercial or industrial structures that would result in a less pedestrian-friendly environment (e.g., a pedestrian walk is eliminated, a parking lot is placed to separate (or further separate) a building from pedestrian facilities, etc.); 2.3 - 12 LDC December 18, 2000 f. Change in the type and location of accessways and parking areas where offsite traffic would be affected or which result in a less pedestrian-friendly environment; g. Increase in the number of parking spaces where such increase adversely affects significant natural features or pedestrian amenities, or is inconsistent with a condition of approval or an applicable development standard (e.g., required green area); h. Increase by more than 10 percent in the floor area proposed for nonresi- dential use; i. Decrease by more than 10 percent in the common and/or usable green area; j. Increase by more than 5 percent in the total ground area proposed to be covered by structures; k. Decrease by more than 25 percent in specific setback requirements; l. Decrease by more than 10 percent in project amenities for pedestrians or bicycles, recreational facilities, screening, and/or landscaping provisions; and m. Modification of architectural building elevations where any of the following occur: 1. Percentage of window coverage per elevation is decreased by more than 20 percent (may affect the number and/or shape of windows); or windows are installed on a previously specified blank wall on the perimeter of the site; 2. Building materials for the main walls of the facades are changed; 3. Any architectural feature is reduced by more than 20 percent. Architectural features include such items as the number of windows with trim, the number of dormers, the number of columns, the number of shutters, the square footage of porches, the number of window boxes, the linear footage of porch or deck railings, and/or the linear footage and/or height of parapets, reveals, and/or cornices, etc.; 4. Roof pitch is reduced; 5. Building offsets or recesses are reduced by more than 20 percent; or 6. Garages or carports are eliminated. 2.3 - 13 LDC December 18, 2000 2.3.40.03 - Procedures for a Conditional Development Modification a. An applicant may petition for review of previously approved plans for purposes of modifying a Conditional Development, stating reasons for the change(s). b. Where the Director determines that the proposed changes qualify as a Conditional Development Modification in accordance with the thresholds outlined in section 2.3.40.02, the Director shall administratively process the application as a Conditional Development Modification. The Conditional Development Modification may be approved conditionally, approved, or denied by the Director. If the proposed changes exceed the thresholds outlined in section 2.3.40.02, the changes shall be processed as a new Conditional Development and the applicant shall follow the procedures outlined in section 2.3.30. c. In reviewing the proposed modification, the Director shall follow the procedures herein required for Conditional Development submittal and review. d. To determine whether to authorize a Conditional Development Modification, the Director shall consider the review criteria in 2.3.30.04 and the following additional review criterion: 1. New elements are provided that compensate for any negative effects caused by the requested variations from the original project design. New elements used to compensate for a negative effect shall be of at least equal value to the elements proposed to be changed. Applicants shall provide the Director with information substantiating the value of the new elements in comparison to the value of the elements to be changed. The value information shall be developed by a qualified professional in the field relevant to the elements being exchanged. e. Upon finding that the application qualifies as a Conditional Development Modification, the Director may consider the redesign in whole or in part of any Conditional Development, to the extent that the redesign still falls within the thresholds outlined in section 2.3.40.02. f. To the extent that the redesign does not exceed the thresholds outlined in section 2.3.40.02, notice for a Conditional Development Modification shall be provided in accordance with Chapter 2.16 - Request for Interpretation. g. Notice, action on the application, the notice of disposition, appeals, the effective date, and the effective period of a Conditional Development Modification shall be in accordance with sections 2.12.30.04 and 2.12.30.07 through 2.12.30.11 of Chapter 2.12 - Lot Development Option. 2.3 - 14 LDC December 18, 2000 2.3.40.04 - Determining Compliance with a Conditional Development Modification A building permit or other site development permit request shall be reviewed to determine whether the request is in compliance with any approved Conditional Development Modification. It shall be deemed to be in substantial compliance if it does not involve deviations from Code development standards and does not involve changes to any specific requirements established at the time of Conditional Development Modification approval. Specific requirements include conditions of approval, Code requirements, and all aspects of the applicant’s proposal that were approved as part of the Conditional Development Modification. 2.4 - 1 LDC December 18, 2000 CHAPTER 2.4 SUBDIVISIONS AND MAJOR REPLATS Section 2.4.10 - BACKGROUND The division of land is the first step toward establishing a community's ultimate development pattern. Land divisions can occur through either a subdivision or a partition procedure. A subdivision procedure is used when four or more units (generally called "lots") of land are created in a calendar year. Subdivision applications are reviewed by the Planning Commission and frequently involve creation of an internal street to provide access. Subdivision applications may include requests for Planned Developments to permit greater flexibility in design. Procedural provisions for Planned Developments are addressed in Chapter 2.5 - Planned Development. A partition procedure is used when three or fewer units (generally called "parcels") are created in a calendar year. Partitions may or may not involve creation of a street. Partition applications are reviewed by City staff and do not go through a public hearing, except upon appeal. Partitions, in addition to procedures for minor replats and lot line adjustments, are addressed in Chapter 2.14 - Partitions, Minor Replats, and Lot Line Adjustments. This chapter presents the review process and plat requirements for subdivisions. Chapter 4.4 - Land Division Standards discusses lot and street design requirements and therefore must be reviewed in conjunction with this chapter in creating and developing a subdivision. Section 2.4.20 - PURPOSES Land division review procedures are established in this chapter for the following purposes: a. Ensure that building sites are of sufficient size and appropriate design for their intended uses and that lots to be created are within density ranges permitted by the Comprehensive Plan; b. Minimize negative effects of development upon the natural environment and incorporate natural features into the proposed development where possible; c. Ensure economical, safe, and efficient routes for pedestrians, bicycles, and motor vehicles; d. Create residential living environments that foster a sense of neighborhood identity and that are protected from the adverse effects of heavy traffic and more intensive land uses; and e. Promote energy efficiency. 2.4 - 2 LDC December 18, 2000 Section 2.4.30 - TENTATIVE PLAT REVIEW PROCEDURES When an application is filed for a subdivision, it shall be reviewed in accordance with the following procedures. 2.4.30.01 - Application Requirements When the Director deems any requirement below unnecessary for proper evaluation of a proposed application, it may be waived. Prior to formal submittal of an application, the applicant is encouraged to participate in an informal pre-application conference with Community Development Department staff to discuss the proposal, the applicant’s requirements, and the applicant’s materials developed in response to the applicable requirements. Applications shall be made on forms provided by the Director and shall be accompanied by: a. Signed consent of the owner(s) or the owners’ legal representatives of the subject propert(ies); b. Fifteen copies of the narrative, on 8.5- by 11-in. sheets, and 15 copies of the graphics at an 8.5- by 11-in. size. The Director may request additional copies of the narrative and/or graphics for routing purposes, if needed. Related names/numbers must be legible on the graphics. The Director may also require some or all graphics at an 11- by 17-in. size if, for legibility purposes, such a size would be helpful; c. Six sets of full-scaled black line or blueprint drawings of the tentative plat and any other graphic(s), with sheet size not to exceed 24- by 36- in. Where necessary, an overall plan with additional detail sheets may be submitted; d. An electronic version of these documents (both text and graphics, as applicable) if an applicant has produced part or all of an application in an electronic format. The applicant shall coordinate with the City regarding compatible electronic formats, to the greatest extent practicable; e. Graphic Requirements A tentative subdivision plat application shall include the following information where applicable: 1. Public notice map (typically a street map at 1 in. = 800 ft. as per the City's public notice format); 2.4 - 3 LDC December 18, 2000 2. Zoning map (typically 1 in. = 400 ft., but up to 1 in. = 800 ft., depending on the size of the site) with a key that identifies each zone on the site and within 1,000 ft. of the site as per City format; 3. Comprehensive Plan Map (typically 1 in. = 800 ft.) with a key that identifies each land use designation on the site and within 1,000 ft. of the site as per City format; 4. Existing land use map (typically a topographic map that extends at least a 1,000 ft. beyond the site). The map shall include building footprints and distinguish between single-family, multi-family, commercial, and industrial uses, as well as other significant features such as roads, drainageways, riparian areas, parks, and schools; 5. Significant natural features map(s) and a preservation plan that together identify significant natural features of the site and proposed methods of preservation, including but not limited to: (a) Watercourses, floodplains, wetlands, and riparian areas. The map shall indicate boundaries, acreages, and names, where applicable. Where watercourses are involved, the map shall also show the top of existing banks and channel depth, and indicate the boundaries of any riparian areas and required drainageway dedications. Calculations used to determine the width of the drainageway dedications shall be provided, as well as cross-sections (at 50-ft. intervals) to support the calculations. The cross-sections shall show a width encompassing the watercourse and at least 20 ft. on either side of the top of banks (refer to Chapter 4.5 - Flood Control and Drainageway Provisions for additional guidance). (b) Significant natural vegetation (refer to Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting for guidance). The map shall indicate species, canopies, and diameters at breast height for trees. In cases where a site contains large groves of significant vegetation that result in a single large canopy, the map may indicate the outer perimeter of the canopy of each grove, and state the species and ranges of tree diameters at breast height for each species within the grove. (c) Plants, plant communities, and fish and wildlife habitat found on the site that are listed as threatened or endangered with the National Marine Fisheries Service or the U.S. Fish and Wildlife Service, as well as significant native vegetation as defined in the Oregon National Heritage Plan (1998), which may include 2.4 - 4 LDC December 18, 2000 certain woodlands, grasslands, wetlands, riparian vegetation, and plant species. (d) Archaeological sites recorded by the State Historic Preservation Office (SHPO). 6. Tentative subdivision plat and other graphics shall be drawn to scale and shall contain a sheet title, date, north arrow, and legend placed in the same location on each sheet and contain the information listed below. Graphics shall include features within a minimum 150-ft. radius of the site, such as existing streets and parcel boundaries, existing structures, drainageways, riparian areas, driveways, utilities, significant natural features, and any other information that, in the Director’s opinion, would assist in providing a context for the proposed development. The Director may require that an applicant’s graphics include information on lands in excess of 150 ft. from a development site (e.g., such as in cases where an adjacent property is large and a view of the whole parcel would be helpful, or when existing infrastructure is far away from the site). The tentative subdivision plat and related graphics shall include: (a) Name and address of owner(s) of record, applicant, and registered land surveyor who prepared the plat; (b) Boundary of the proposed development site and any interior boundaries related to proposed development phases or land divisions; (c) Existing site conditions including contours at intervals sufficient to indicate topographic conditions, watercourses, flood plains (for review in accordance with Chapter 4.5 - Flood Control and Drainage Provisions), and any significant natural features. A slope analysis shall be included on a topographic map of the site to identify slopes with a grade of less than 10 percent, 10 - 15 percent, greater than 15 percent and less than 30 percent, and in excess of 30 percent. The boundaries of the sloped areas shall be clearly identified and the areas discernable from other areas (through the use of different shade patterns, cross-hatching, etc.). Topographic contours at 2-ft. intervals shall be provided for slopes under 20 percent and at 5-ft. intervals for slopes at or greater than 20 percent; 2.4 - 5 LDC December 18, 2000 (d) Number of lots and their dimensions, including frontage, depth, and area in sq. ft.; (e) General location of existing and proposed structures and other improvements, including building types and gross density per acre for residential developments; location of fire hydrants, overhead lines in the abutting right of way, easements, fences, walls, and walkways; and proposed use restrictions. An indication of approximate building envelopes may be required to evaluate building relationships; (f) Location and dimensions of areas to be conveyed, dedicated, or reserved as common green area, public parks, recreational areas, school sites, and similar public and semipublic uses; (g) Existing and proposed general circulation system plan and dimensions including streets, bikeways, off-street parking areas, service areas, loading areas, direction of traffic flow, and major points of access to public rights-of-way. Illustrative cross-sections of streets shall be provided. Notations of proposed ownership (public or private) should be included where appropriate; (h) Existing and proposed general pedestrian circulation system, including its interrelationship and connectivity with the existing and proposed vehicular, bicycle, and pedestrian circulation systems and indicating proposed treatments of points of conflict; (i) Detailed utilities plan indicating existing and proposed utility systems and their function, including sanitary sewer, storm sewer, and drainage and water systems; (j) Identification of significant natural features that were included on the significant natural features map(s) required in “5" above to indicate the relationship of the proposal to the site’s significant natural features; (k) Proposed topographic contours at 2-ft. intervals for slopes with a grade under 20 percent and at 5-ft. intervals for slopes with a grade at or greater than 20 percent. Where the grade of any part of the subdivision exceeds 10 percent or where the subdivision abuts existing developed lots, a conceptual grading plan shall be required. The grading plan shall contain adequate information to evaluate impacts to the site and adjacent areas. To the maximum extent practicable, grading 2.4 - 6 LDC December 18, 2000 (cuts and fills) shall be minimized, streets shall be designed along contours, and structures shall be designed to fit the topography of the site. If a grading plan is required, it shall indicate how these objectives are met, how runoff or surface water from individual lots will be managed, and how the subdivision’s surface waters will be disposed; (l) Approximate location of proposed easements and/or dedications for drainage, sewage, or other public utilities; (m) For residential development, existing structures and trees located on land adjacent to the development that, between 10 a.m. and 3 p.m. on November 21, will reduce solar access to the subject property; (n) For residential development, location of existing structures and trees on the site that could reduce solar access to any buildable area within the development. The application shall indicate the type and location of trees to be preserved, and the shadow patterns of trees at their mature height for the reference period from 9 a.m. to 3 p.m. on November 21; (o) For residential development, the location of solar collectors on land adjacent to the development for which solar access permits have been granted; (p) For residential development, a copy of the tentative plat showing intended housing types per lot, when required to satisfy housing type variation provisions within the relevant zone. Single-family detached housing need not be identified. A deed declaration will be required to enforce the variations in housing types and ensure that Code and Comprehensive Plan densities are maintained. Single-family detached housing need not be enforced through the deed declaration; (q) For residential development, a copy of the tentative plat showing which lots are intended to have solar access protection, and showing an area on each lot available for construction of a solar-access protected dwelling; and (r) For residential development, a proposed solar envelope for each lot as necessary for solar access protection consistent with Chapter 4.6 - Solar Access. f. Narrative Requirements A written statement shall include the following information: 2.4 - 7 LDC December 18, 2000 1. Statement of the planning objectives to be achieved by the tentative subdivision plat. This statement shall include a description of the proposed development, the rationale behind the assumptions and choices made, and a discussion of how the application meets the review criteria in 2.3.30.04 below, including the development standards required by this Code. 2. Detailed statement outlining timing, responsibilities, maintenance, and financial assurances for all public and non-public improvements to be constructed or installed including: (a) Provisions for domestic water supply including source, quality, and approximate quantity; (b) Provisions for sewage disposal, storm drainage, and flood control; (c) Provisions for improvements and maintenance of common areas and private roads and drives, if proposed; and (d) Proposed landscaping and irrigation. 3. Quantitative data for the following, where appropriate : (a) Total number and type of dwelling units; (b) Parcel and lot sizes; (c) Proposed lot coverage of buildings and structures, where known; (d) Gross densities per acre; (e) Total square footage of green area (lands not designated for buildings or vehicle parking and maneuvering areas); and (f) Total square footage of nonresidential construction. 4. Statement describing phases of project, if proposed. Phases shall be: (a) Substantially and functionally self-contained and self-sustaining with regard to access, parking, utilities, green areas, and similar physical features; and capable of substantial occupancy, operation, and maintenance upon completion of construction and development; 2.4 - 8 LDC December 18, 2000 (b) Arranged to avoid conflicts between higher and lower density development; (c) Properly related to other services of the community as a whole and to those facilities and services yet to be provided; and (d) Provided with such temporary or permanent transitional features, buffers, or protective areas as may be required to prevent damage or detriment to any completed phases and to adjoining properties not in the subdivision. 5. Traffic impact study prepared by a licensed transportation engineer. 2.4.30.02 - Acceptance of Application a. The Director shall process the application in accordance with Chapter 2.0 - Public Hearings. b. After accepting a complete application, the Director shall schedule a public hearing to be held by the Planning Commission. Notice of the hearing shall be provided in accordance with Chapter 2.0 - Public Hearings. c. Any revisions to an accepted application that result in the need for an additional public notice to be mailed shall be regarded as a new application. Such new application shall require additional filing fees and rescheduling of the required public hearing. 2.4.30.03 - Staff Evaluation The Director shall prepare a report that evaluates whether the proposal complies with the review criteria below. The report shall include a recommendation for approval or denial and, if needed, a list of conditions for the Planning Commission to consider if an approval is granted. 2.4.30.04 - Review Criteria Requests for the approval of a tentative subdivision plat shall be reviewed to ensure consistency with the purposes of this chapter and the provisions of this Code. Pursuant to Comprehensive Plan Policy 3.2.7, the application shall also demonstrate compatibility in the areas in “a” through “n” below, as applicable. If an application demonstrates compliance with the standards in chapters 3.1 through 4.10 of this Code, the application shall be deemed to have met the purposes of this chapter and the compatibility criteria in “a” through “n” below. a. Basic site design (the organization of uses on a site and the uses’ relationships to neighboring properties); 2.4 - 9 LDC December 18, 2000 b. Visual elements (scale of potential development, etc.); c. Noise attenuation; d. Odors and emissions; e. Lighting; f. Signage; g. Landscaping for buffering and screening; h. Transportation facilities; i. Traffic and offsite parking impacts; j. Utility infrastructure; k. Effects on air and water quality (note: a DEQ permit is not sufficient to meet this criterion); l. Consistency with the applicable development standards, including the applicable pedestrian oriented design standards; m. Preservation and/or protection of significant natural features and wildlife habitat, consistent with the Comprehensive Plan; and n. To the maximum extent practicable, grading (cuts and fills) shall be minimized, streets shall be designed along contours, and structures shall be designed to fit the topography of the site. 2.4.30.05 - Action by the Planning Commission The Planning Commission shall conduct a public hearing in accordance with Chapter 2.0 - Public Hearings. The public hearing shall pertain to whether the application meets the provisions of this Code. Following the close of the hearing, the Planning Commission shall approve, conditionally approve, or deny the tentative subdivision plat. The Commission's decision shall include findings that specify how the application has or has not complied with the above review criteria. 2.4.30.06 - Notice of Disposition The Director shall provide the applicant with a notice of disposition in accordance with Chapter 2.0 - Public Hearings that includes a written statement of the Planning Commission's decision, a reference to findings leading to it, any conditions of 2.4 - 10 LDC December 18, 2000 approval, and the appeal period deadline. A notice of disposition shall also be mailed to persons who presented oral or written testimony at the public hearing. 2.4.30.07 - Appeals The decision of the Planning Commission may be appealed in accordance with the provisions of Chapter 2.19 - Appeals. 2.4.30.08 - Effective Date Unless an appeal is filed, the decision of the Planning Commission shall become effective 12 days after the notice of disposition is signed. 2.4.30.09 - Effective Period of Tentative Subdivision Plat Approval Tentative subdivision plat approval shall be effective for a 2-year period from the date of approval. If the applicant has not submitted a final subdivision plat within the 2-year period (with appropriate assurances for improvements, if applicable), all approvals shall expire. Where the Planning Commission finds that conditions have not changed, at its discretion and without a public hearing, the Commission may extend the period once for a period not to exceed one additional year. Section 2.4.40 - FINAL SUBDIVISION PLAT REVIEW PROCEDURES 2.4.40.01 - Application Requirements Three originals of the final subdivision plat, as well as an electronic version of the plat that is compatible with City formats, shall be submitted to the Director. The final subdivision plat shall conform to the approved tentative subdivision plat and Article IV - Development Standards, except where modified by a Planned Development approval (see Chapter 2.5). The final subdivision plat shall also meet Benton County's survey and subdivision plat standards and contain or be accompanied by the following information: a. Name of the subdivision; b. Date, north arrow, scale, legend, and existing features such as highways and railroads; c. Legal description of subdivision boundaries; d. Reference and bearings to adjoining recorded surveys; e. Exact location and width of streets and easements intersecting the boundary of the subdivision; 2.4 - 11 LDC December 18, 2000 f. Subdivision, block, and lot boundary lines. Numbering of lots and blocks shall be as follows: 1. Lot numbers shall begin with the number "1" and shall be numbered consecutively in each block. The numbering generally follows the same sequence as sections in a township; 2. Block numbers shall begin with the number "1" and shall be numbered consecutively without omission or duplication throughout the subdivision. The numbers shall be solid, of sufficient size and thickness to stand out, and placed so as to not obliterate other elements of the final subdivision plat. Block and lot numbers in an addition to a subdivision of the same name shall continue the numbering of the original subdivision. The numbering sequence shall follow the same sequence as sections in a township; and 3. Block numbers may be omitted where blocks are of irregular shape. When block numbers are omitted, lots shall be numbered consecutively throughout the subdivision. Lots in an addition to a subdivision of the same name shall continue the numbering of the original subdivision. g. Street rights-of-way indicating widths of the rights-of-way and lengths of center lines with dimensions to the nearest 0.01-ft; and bearings, deflection angles, radii, arcs, points of curvature, and tangent bearings. Subdivision boundaries, lot boundaries, and street bearings shall be shown to the nearest 30 seconds with basis for bearings; h. Subject to Director approval, the name and width of proposed and existing streets; width of any existing right-of-way; and width on each side of street center lines. For streets on a curvature, curve data shall be based on the street center line. In addition to center line dimensions, the radius and center angle shall be indicated; i. Easements, clearly identified by fine dotted lines and, if already of record, their recorded reference. If an easement is not definitely located or recorded, a written statement defining the easement is required. The easement's width, length, bearing, purpose, and sufficient ties to locate it with respect to the subdivision shall be shown. If the easement is being dedicated via the plat, it shall be properly referenced in the owner's certificates of dedication. The City Engineer shall approve written statements defining all easements; j. Locations and widths of waterways, drainageways, and other watercourses for review in accordance with Chapter 4.5 - Flood Control and Drainageway Provisions; 2.4 - 12 LDC December 18, 2000 k. Locations and widths of railroad rights-of-way; and locations and widths of reserve strips at the end of or along the edge of incomplete streets on the subdivision boundary; l. Parcels to be dedicated to the City shall be distinguished from lots intended for sale, with acreage and alphabetic symbols for each parcel; m. Notations indicating any limitations on rights of access to or from streets and lots or other parcels of land; n. Clear identification of lots that have solar access height limitations, including a brief explanation and a reference to documents that specify exact height limits for each lot (see Chapter 4.6 - Solar Access); o. For residential development: 1. A copy of the recorded final subdivision plat shall be provided to the Development Services Division. The copy shall indicate the housing types on the lots that satisfy the housing type variation provisions within the relevant zone. Single-family detached housing need not be identified; 2. To enforce these required housing types, a deed declaration shall be provided for each affected lot; and 3. A note shall be provided on the final subdivision plat that informs lot owners about the existence of deed declarations, describing the housing type that may be built. p. The following certificates, established by State law, may be combined where appropriate. 1. Certificate signed and acknowledged by the owner(s) of record of the land to be subdivided, offering to dedicate all parcels of land for public use and offering to dedicate rights of access to and from prescribed streets, lots, and parcels of land; 2. Certificate of the registered or licensed surveyor who prepared the survey and final subdivision plat; 3. Certificate for execution by the chair of the Planning Commission on behalf of the Planning Commission; 4. Certificate for execution by the City Engineer; 5. Certificate for execution by the City Finance Director; 2.4 - 13 LDC December 18, 2000 6. Certificate for execution by the County Surveyor; 7. Certificate for execution by the County Director of Finance and Tax Collection; 8. Certificate for execution by the Benton County Assessor; and 9. Certificate for execution by the Benton County Board of Commissioners. 2.4.40.02 - Additional Materials The following additional information shall be submitted with the final subdivision plat: a. Complete and accurate survey made by a registered or licensed surveyor and pertaining to the land to be subdivided; b. Traverse data on standard work sheets or accurate and complete electronic computations, showing closure of the exterior boundaries of the subdivision and of each block in the subdivision; c. Three copies of all proposed covenants, conditions, and restrictions (CC&Rs) or a written statement signed by the applicant establishing no such restrictions. CC&Rs shall reference Code requirements affecting the housing type and design of residential structures; d. Title guarantee by a Benton County title company doing business in Benton County, showing names of persons whose consent is necessary for preparation of the final subdivision plat and for any dedication to public use, and their interests therein. This guarantee shall certify, for benefit and protection of the City, that persons therein named are all of the persons necessary to give clear title to streets and other easements offered for dedication; e. Statement by the Postal Service to verify location of proposed mail delivery facilities as shown on the final subdivision plat or accompanying sheet, and location to be approved by the City Engineer; and f. Copy of solar envelopes for each lot as necessary for solar access protection consistent with Chapter 4.6 - Solar Access. 2.4.40.03 - Dedications and Public Utility Requirements a. The following items shall be dedicated for public use at the time the final subdivision plat is filed: 2.4 - 14 LDC December 18, 2000 1. Parcels of land shown on the final subdivision plat as intended for public use; 2. Streets, sidewalks, multi-use paths, drainage channels, easements, and other rights-of-way shown for public use on the final subdivision plat; and 3. Rights of access to and from streets, lots, and parcels of land shown on the final subdivision plat as intended to be surrendered. b. Evidence of unencumbered and clear title shall be submitted prior to approval of the final subdivision plat for all land to be dedicated for public use, including but not limited to rights-of-way, drainageways, open space, and easements. Environmental assessments shall be conducted in accordance with Chapter 4.0 - Improvements Required with Development. 2.4.40.04 - Designation and Conveyance of Reserve Strips Reserve strips 1 ft. wide may be required across the ends of incomplete streets adjoining unsubdivided land or along half streets adjoining unsubdivided land. These strips shall be designated on the final subdivision plat and included in the dedication granting the City’s right to control access over the reserve strips to ensure continuation or completion of the street. These reserve strips shall overlay the dedicated street right-of-way. 2.4.40.05 - Monumentation Requirements a. Monuments shall be set according to provisions of State law. b. The surveyor shall set sufficient permanent monuments prior to recording so that the survey or any part thereof may be retraced according to standards required by the City Engineer. Setting of interior monuments may be delayed with approval of the Planning Commission as provided in "d" below. c. The minimum requirements for monumentation and accuracy for a subdivision plat or partition plat shall comply with State law. d. Interior "post monumentation" may be permitted by approval of the Planning Commission at the time of approval of the tentative subdivision plat or upon special request prior to filing the final subdivision plat, provided that the applicant: 1. Shows that it is necessary and practical to delay interior monumentation; 2.4 - 15 LDC December 18, 2000 2. Agrees to furnish a bond or cash deposit in an amount equal to 120 percent of the estimated cost of performing the work for interior monuments; and 3. Signs an agreement with the project surveyor and City Engineer. The agreement shall state the following: (a) Amount of the bond or cash deposit to be furnished at the time of submitting the final subdivision plat; (b) Amount the surveyor is to be paid for the work of establishing the interior monuments; (c) Adherence to the rules for post monumentation as provided in ORS Chapter 92; (d) Date when monumentation will be completed; and (e) Other particulars that may be necessary to ensure complete monumentation at a later date. 2.4.40.06 - Review of Final Subdivision Plat Application and Review Criteria to Determine Compliance with a Tentative Subdivision Plat A final subdivision plat or other site development permit request shall be reviewed to determine whether the request is in compliance with the approved tentative subdivision plat. It shall be deemed to be in compliance when it does not involve modifications to Code development standards, and does not involve changes to any specific requirements established at the time of tentative subdivision plat approval. “Specific requirements” include conditions of approval, Code requirements, and all aspects of the applicant’s proposal that were approved as part of the tentative subdivision plat. Within 14 days after receiving an application for a final subdivision plat, the Director shall review it for compliance with the above submittal requirements and for consistency with the approved tentative subdivision plat. If an application is consistent with the approved tentative subdivision plat but is incomplete, the Director shall notify the applicant and state what is needed for a complete application. 2.4.40.07 - Coordination by Director The Director shall coordinate review of the final subdivision plat in accordance with the provisions in section 2.4.40. Upon notification by each agency that the final subdivision plat is satisfactory, the Director shall circulate the original copy of the final subdivision plat for the following signatures: Planning Commission chair, City Engineer, City Finance Director, County Director of Finance and Tax Collection, 2.4 - 16 LDC December 18, 2000 County Assessor, County Surveyor, and County Board of Commissioners. The City Engineer may enter the property to verify that the map is sufficiently correct. 2.4.40.08 - Installation of Required Improvements Before obtaining the signature of the City Engineer, the applicant shall install required improvements, agree to install required improvements, or have gained approval to form an improvement district for installation of required improvements to public streets, sanitary sewers, storm drainages, water systems, sidewalks, and multi-use paths; electrical power, natural gas, cable television, and telephone services; and other improvements required with the tentative plat approval. This condition is required for acceptance and approval of the final subdivision plat. These procedures are more fully described as follows: a. Install Improvements - The applicant may install the required improvements for the subdivision prior to recording the final subdivision plat. For this procedure, the subdivision plat shall contain all the required certifications except those of the County Surveyor and the Board of County Commissioners. The subdivision plat shall be held by the City until the improvements have been completed and approved by the City Engineer. Upon the City Engineer's approval, the City shall forward the final subdivision plat for certification by the Board of County Commissioners and then to the County Clerk for recording; or b. Agree to Install Improvements - The applicant may execute and file with the City an agreement with the City specifying the period within which required improvements shall be completed. The agreement shall state that if the work is not completed within the period specified, the City may complete the work and recover the full cost and expense thereof from the applicant. A performance guarantee as provided below in section 2.4.40.08.01 shall be required. The agreement may provide for the construction of the improvements in increments and for an extension of time under specified conditions. Assurances shall be made that franchise utility services will be provided as required by section 2.4.40.08.02 below; or c. Form Improvement District - The applicant may have all or part of the public improvements constructed under an improvement district procedure. For this procedure, the applicant shall enter into an agreement with the City proposing establishment of the district for improvements to be constructed, setting a schedule for installing improvements, and specifying the extent of the plat to be improved. The City reserves the right under the improvement district procedure to limit the extent of improvements in a subdivision during a construction year. The City may also limit the boundaries of the final subdivision plat to the area to be improved. A performance guarantee shall be required under the improvement district procedure. 2.4 - 17 LDC December 18, 2000 2.4.40.08.01 - Performance Guarantee If the applicant chooses options “b” or “c” in section 2.4.40.08, the following provisions shall apply: a. The applicant shall provide a performance guarantee in one of the following forms: 1. A surety bond executed by a surety company authorized to transact business in the State of Oregon and in a form approved by the City Attorney; or 2. In lieu of the surety bond, the applicant may: (a) Deposit with the City Treasurer money to be released only upon authorization of the City Engineer; (b) Supply certification by a bank or other reputable lending institution that money is being held to cover the cost of required improvements, to be released only upon authorization of the City Engineer; (c) Supply certification by a bank or other reputable lending institution that a line of credit has been established to cover the cost of required improvements, to be released only upon authorization of the City Engineer; (d) Provide bonds in a form approved by the City Attorney; (e) Provide a lien on properties in a form approved by the City Attorney and of sufficient value as demonstrated by a professional appraisal; or (f) Provide other financial security as approved by the City Attorney. b. Such assurance of full and faithful performance shall be for a sum determined by the City Engineer as sufficient to cover the cost of required improvements, including related engineering and incidental expenses. c. If the applicant fails to carry out provisions of the agreement and the City incurs expenses as a result, the City shall call on the performance guarantee for reimbursement. If the amount of the performance guarantee exceeds the expenses incurred, the 2.4 - 18 LDC December 18, 2000 remainder shall be released. If the amount of the performance guarantee is less than the expenses incurred, the applicant shall be liable to the City for the difference. 2.4.40.08.02 - Franchise Utility Service Unless specifically exempted during the review of the tentative subdivision plat, prior to approval of the final subdivision plat the applicant shall: a. Install franchise utility services; or b. Provide financial assurances to the satisfaction of the City Engineer that electrical power, natural gas, cable television, and telephone service will be provided for each lot. 2.4.40.08.03 - Removal of Existing Services If the City Engineer determines that existing public utilities or service connections are not required for the proposed subdivision, these utilities or connections shall be removed prior to filing of the plat. 2.4.40.09 - Recordation of Final Subdivision Plat When all required signatures have been obtained for the final subdivision plat, the County Surveyor shall record the subdivision plat and any required covenants with the County Recorder. 2.4.40.10 - Effective Date Authorization of the final subdivision plat shall become effective when the subdivision plat is recorded by the County Surveyor in accordance with section 2.4.40.09 above. 2.4.40.11 - Notice of Recordation After the final subdivision plat is recorded, the County Surveyor will notify the applicant of the recording. Section 2.4.50 - MAJOR REPLAT An application for a major replat shall be reviewed and processed in accordance with the tentative and final subdivision plat procedures in sections 2.4.30 and 2.4.40 above. Section 2.4.60 - MINOR REPLAT AND LOT LINE ADJUSTMENTS 2.4 - 19 LDC December 18, 2000 Applications for minor replats or lot line adjustments shall be reviewed and processed in accordance with Chapter 2.14 - Partition, Minor Replats, and Lot Line Adjustments. Section 2.4.70 - VACATING PLATS Applications for vacating a plat shall be reviewed and processed in accordance with Chapter 2.8 - Vacating of Public Lands and Plats and with ORS Chapter 271.080. Section 2.4.80 - TENTATIVE SUBDIVISION PLAT MODIFICATION 2.4.80.01 - Purposes of a Tentative Subdivision Plat Modification a. Provide a limited amount of flexibility with regard to site planning for approved tentative subdivision plats; and b. Provide elements within the development site that compensate for requested variations from approved tentative subdivision plats such that the intent of the original approval is still met. 2.4.80.02 - Thresholds of a Tentative Subdivision Plat Modification Within one calendar year, up to three factors identified in “a” through “i” below, which do not exceed the thresholds outlined in these provisions, may be proposed for modification under this section. If more than three such factors are proposed for modification within a calendar year, or if modifications are proposed that exceed the thresholds outlined in “a” through “i” below, the changes shall be processed as a new tentative subdivision plat and shall follow the procedures outlined in section 2.4.30. No modifications to specific requirements established at the time of tentative subdivision plat approval, including conditions of approval, Code requirements, and all aspects of the tentative subdivision plat proposal, can be made as a tentative subdivision plat modification, unless they are less than the thresholds outlined in items “a” through “i” below. The thresholds for a tentative subdivision plat modification are as follows: a. Increase in the number of lots; b. Decrease in the number of lots resulting in a decrease in dwelling unit density by more than three units for development sites 1 acre or smaller in size; or resulting in a decrease in dwelling unit density by more than five units or more than 10 percent, whichever is less, for development sites larger than 1 acre; c. Change in the ratio of different types of lots; 2.4 - 20 LDC December 18, 2000 d. Change in lot pattern that would result in a less pedestrian-friendly environment (e.g., a pedestrian walk is eliminated, a parking lot is placed to separate (or further separate) a building from pedestrian facilities, etc.); e. Change in the type and location of accessways and parking areas where offsite traffic would be affected or which result in a less pedestrian-friendly environment; f. Change in lot pattern that adversely affects significant natural features or pedestrian amenities, or is inconsistent with a condition of approval or an applicable development standard (e.g., required green area); g. Increase by more than 10 percent in the potential floor area for nonresi- dential use; h. Decrease by more than 10 percent in the common and/or usable green area; and i. Decrease by more than 10 percent in project amenities for pedestrians and/or bicycles, recreational facilities, screening, and/or landscaping provisions. 2.4.80.03 - Procedures for a Tentative Subdivision Plat Modification a. An applicant may petition for review of previously approved plans for purposes of modifying a tentative subdivision plat, stating reasons for the changes. b. Where the Director determines that the proposed changes qualify as a tentative subdivision plat modification in accordance with the thresholds outlined in section 2.4.80.02, the Director shall administratively process the application as a tentative subdivision plat modification. The tentative subdivision plat modification may be approved, conditionally approved, or denied by the Director. If the proposed changes exceed the thresholds outlined in section 2.4.80.02, the changes shall be processed as a new tentative subdivision plat and the applicant shall follow the procedures outlined in section 2.4.30. c. In reviewing the proposed modification, the Director shall follow the procedures herein required for tentative subdivision plat modification. d. To determine whether to authorize a tentative subdivision plat modification, the Director shall consider the review criteria in section 2.4.30.04 and the following additional review criterion: 2.4 - 21 LDC December 18, 2000 1. New elements are provided that compensate for any negative effects cause by the requested variations from the original project design. New elements used to compensate for a negative effect shall be of at least equal value to the elements proposed to be changed. Applicants shall provide the Director with information substantiating the value of the new elements in comparison to the value of the elements to be changed. The value information shall be developed by a qualified professional in the field relevant to the elements being exchanged. e. Upon finding that the application qualifies as a tentative subdivision plat modification, the Director may consider the redesign in whole or in part of any tentative subdivision plat, to the extent that the redesign still falls within the thresholds outlined in section 2.4.80.02. f. To the extent that the redesign does not exceed the thresholds outlined in section 2.4.80.02, notice for a tentative subdivision plat modification shall be provided in accordance with Chapter 2.16 - Request for Interpretation. g. Notice, action on the application, the notice of disposition, appeals, the effective date, and the effective period of the tentative subdivision plat modification shall be in accordance with sections 2.14.30.03 and 2.14.30.06 through 2.14.30.10 of Chapter 2.14 - Partitions, Minor Replats, and Lot Line Adjustments. 2.4.80.04 - Determining Compliance with a Tentative Subdivision Plat Modification A final subdivision plat or other site development permit request shall be reviewed to determine whether the request is in compliance with any approved tentative subdivision plat modification. It shall be deemed to be in compliance if it does not involve deviations from Code development standards (other than those that have been approved in association with an approved Planned Development), and does not involve changes to any specific requirements established at the time of tentative subdivision plat modification approval. Specific requirements include conditions of approval, Code requirements, and all aspects of the applicant’s proposal that were approved as part of the tentative subdivision plat modification. 2.5 - 1 LDC December 18, 2000 CHAPTER 2.5 PLANNED DEVELOPMENT Section 2.5.10 - BACKGROUND It is the intent of this chapter to establish procedures that permit flexibility in the land development process, allow for better preservation of significant natural features, and allow for innovation in site planning and architectural design. The Planned Development process provides the mechanism for achieving greater flexibility and improved design in cases where the scope of proposed modifications to prestated standards exceeds that permitted through a Lot Development Option. A Lot Development Option allows minor modifications to required specification standards on an individual lot of record. The procedures for a Lot Development Option are identified in Chapter 2.12 - Lot Development Option. A Planned Development (PD) designation is a zone overlay that can be applied in conjunction with any other zoning designation in accordance with the provisions of Chapter 3.32 - Planned Development (PD) Zone Overlay. Although this overlay designation permits modifications to the site development standards of the underlying zone, it does not permit changes in uses specified by the underlying zone, with two exceptions: a. The Planned Development process may be used to modify a valid (still active) Planned Development that existed and was approved before December 31, 2000, in order to add uses permitted by the underlying zone; or b. The Planned Development process may be used to modify the use size limitations contained in Chapter 3.19 - Mixed Use Community Shopping (MUCS) Zone. The procedures of this chapter apply to a property owner’s request for a Planned Development concurrent with a specific project review, or to sites where a PD designation exists on the City's Official Zoning Map. Depending on the level of detail provided in a Planned Development application, a Planned Development project proposal is called a “Conceptual Development Plan,” a "Detailed Development Plan," or a “Conceptual and Detailed Development Plan.” A Conceptual Development Plan provides general concepts for development on a site. A Detailed Development Plan provides the specifics for development on a site and is required following or simultaneous with approval of a Conceptual Development Plan. When a Detailed Development Plan is processed simultaneously with a Conceptual Development Plan, it is called a Conceptual and Detailed Development Plan. Upon Planning Commission approval of a Detailed Development Plan or a Conceptual and Detailed Development Plan, building permits are issued consistent with that plan. 2.5 - 2 LDC December 18, 2000 Section 2.5.20 - PURPOSES Planned Development review procedures are established in this chapter for the following purposes: a. Promote flexibility in design and permit diversification in location of structures; b. Promote efficient use of land and energy, and facilitate a more economical arrangement of buildings, circulation systems, land uses, and utilities; c. Preserve, to the greatest extent possible, existing significant natural features and landscape features and amenities, and use such features in a harmonious fashion; d. Provide for more usable and suitably located pedestrian and/or recreational facil- ities and other public and/or common facilities than would otherwise be provided under conventional land development procedures; e. Combine and coordinate architectural styles, building forms, and building relationships within the Planned Development; f. Provide the applicant with reasonable assurance of ultimate approval before expenditure of complete design monies, while providing the City with assurances that the project will retain the character envisioned at the time of approval; g. Provide greater compatibility with surrounding land uses than would otherwise be provided under conventional land development procedures; and h. Provide benefits within the development site that compensate for the variations from development standards such that the intent of the development standards is still met. Section 2.5.30 - GENERAL PROVISIONS Planned Development is an alternative development process that provides an avenue for a developer to request variations from development standards while maintaining the purposes stated in section 2.5.20 and meeting the review criteria outlined in section 2.5.40.04. The following procedures allow for Planning Commission review of a Conceptual Development Plan and/or Detailed Development Plan. An applicant may either elect to process a development proposal under a Detailed Development Plan when sufficient information has been submitted in accordance with section 2.5.50, or may request approval of a Conceptual Development Plan in accordance with section 2.5.40 and later apply for a Detailed Development Plan. However, prior to the issuance of any building permits, a Detailed Development Plan must be approved by the Planning Commission. 2.5 - 3 LDC December 18, 2000 Where a Planned Development project has been approved on a site without a Planned Development overlay zoning designation on the Official Zoning Map, the Official Zoning Map shall be amended to add a Planned Development overlay designation. Section 2.5.40 - CONCEPTUAL DEVELOPMENT PLAN REVIEW PROCEDURES An application filed for a Conceptual Development Plan shall be reviewed in accordance with the following procedures. 2.5.40.01 - Application Requirements When the Director deems any requirement below unnecessary for proper evaluation of a proposed application, it may be waived. Prior to formal submittal of an application, the applicant is encouraged to participate in an informal pre-application conference with Community Development Department staff to discuss the proposal, the applicant’s requirements, and the applicant’s materials developed in response to the applicable Code requirements. Applications shall be made on forms provided by the Director and shall be accompanied by: a. Signed consent of the owner(s) or the owners’ legal representatives of the subject property(ies); b. Fifteen copies of the narrative, on 8.5- by 11-in. sheets, and 15 copies of the graphics at an 8.5- by 11-in. size. The Director may request additional copies of the narrative and/or the graphics for routing purposes, if needed. Related names/numbers must be legible on the graphics. The Director may also require some or all graphics at an 11- by 17-in. size if, for legibility purposes, such a size would be helpful; c. Six sets of full-scaled black line or blueprint drawings of the graphic(s), with sheet size not to exceed 24- by 36-in. Where necessary, an overall plan with additional detail sheets may be submitted; d. An electronic version of these documents (both text and graphics, as applicable) if an applicant has produced part or all of an application in an electronic format. The applicant shall coordinate with the City regarding compatible electronic formats, to the greatest extent practicable; e. Graphic Requirements A Conceptual Development Plan shall include the following information where applicable: 2.5 - 4 LDC December 18, 2000 1. Public notice map (typically a street map at 1 in. = 800 ft.) as per the City's public notice format; 2. Zoning map (typically 1 in. = 400 ft., but up to 1 in. = 800 ft., depending on the size of the site), with a key that identifies each zone on the site and within 1,000 ft. of the site as per City format; 3. Comprehensive Plan Map (typically 1 in. = 800 ft.) with a key that identifies each land use designation on the site and within 1,000 ft. of the site as per City format; 4. Existing land use map (typically a topographic map that extends at least 1,000 ft. beyond the site). The map shall include building footprints and distinguish between single-family, multi-family, commercial, and industrial uses, as well as other significant features such as roads, drainageways, riparian areas, parks, and schools; 5. Significant natural features map(s) and a preservation plan that together identify significant natural features of the site and proposed methods of preservation, including but not limited to: (a) Watercourses, floodplains, wetlands, and riparian areas. The map shall indicate boundaries, acreages, and names, where applicable. Where watercourses are involved, the map shall also show the top of existing banks and channel depth, and indicate the boundaries of any riparian areas and required drainageway dedications. Calculations used to determine the width of the drainageway dedications shall be provided, as well as cross-sections (at 50-ft. intervals) to support the calculations. The cross-sections shall show a width encompassing the watercourse and at least 20 ft. on either side of the top of banks (refer to Chapter 4.5 - Flood Control and Drainageway Provisions for additional guidance). (b) Significant natural vegetation (refer to Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting for guidance). The map shall indicate species, canopies, and diameters at breast height for trees. In cases where a site contains large groves of significant vegetation that result in a single large canopy, the map may indicate the outer perimeter of the canopy of each grove, and state the species and ranges of tree diameters at breast height for each species within the grove. (c) Plants, plant communities, and fish and wildlife habitat found on the site that are listed as threatened or endangered with the 2.5 - 5 LDC December 18, 2000 National Marine Fisheries Service or the U.S. Fish and Wildlife Service, as well as significant native vegetation as defined in the Oregon National Heritage Plan (1998), which may include certain woodlands, grasslands, wetlands, riparian vegetation, and plant species. (d) Archaeological sites recorded by the State Historic Preservation Office (SHPO). 6. Site plan(s) and other graphics shall be drawn to scale and shall contain a sheet title, date, north arrow, and legend placed in the same location on each sheet and containing the information listed below. Graphics shall include features within a minimum 150-ft. radius of the site, such as existing streets and parcel boundaries, existing structures, drainageways, riparian areas, driveways, utilities, significant natural features, and any other information that, in the Director’s opinion, would assist in providing a context for the proposed development. The Director may require an applicant’s graphics to include information on lands in excess of 150 ft. from a development site (e.g., as in cases where an adjacent property is large and a view of the whole parcel would be helpful, or when existing infrastructure is far away from the site). The site plan and related graphics shall include: (a) Existing site conditions including contours at intervals sufficient to indicate topographic conditions, watercourses, flood plains (for review in accordance with Chapter 4.5 - Flood Control and Drainage Provisions), and any significant natural features. A slope analysis shall be included on a topographic map of the site to identify slopes with a grade of less than 10 percent, 10 - 15 percent, greater than 15 percent and less than 30 percent, and in excess of 30 percent. The boundaries of the sloped areas shall be clearly identified and the areas discernable from other areas (through the use of different shade patterns, cross-hatching, etc.). Topographic contours at 2-ft. intervals shall be provided for slopes under 20 percent and at 5-ft. intervals for slopes at or greater than 20 percent; (b) Boundary of the proposed Planned Development and any interior boundaries related to proposed development phases or land divisions; 2.5 - 6 LDC December 18, 2000 (c) General location of existing and proposed structures and other improvements, including building types and gross density per acre for residential developments; and location of fire hydrants, overhead lines in the abutting right-of-way, easements, fences, and walls. An indication of approximate building envelopes may be required to evaluate building relationships; (d) General location and dimensions of areas to be conveyed, dedicated, or reserved as common green area, public parks, recreational areas, school sites, and similar public and semipublic uses; (e) Existing and proposed general circulation system including streets, driveways, bikeways, off-street parking areas, service areas (including refuse), loading areas, direction of traffic flow, and major points of access to public rights-of-way. Illustrative cross-sections of streets shall be provided. Notations of proposed ownership (public or private) should be included where appropriate; (f) Existing and proposed general pedestrian circulation system, including its interrelationship and connectivity with the existing and proposed vehicular, bicycle, and pedestrian circulation systems and indicating proposed treatments of points of conflict; (g) Utilities plan indicating existing and proposed utility systems and their function, including sanitary sewer, storm sewer, and drainage and water systems; (h) Identification of significant natural features that were included on the significant natural features map(s) required in “5" above, to indicate the relationship of the proposal to the site’s significant natural features; (i) Proposed topographic contours at 2-ft. intervals for slopes with a grade under 20 percent and at 5-ft. intervals for slopes with a grade at or greater than 20 percent. Where the grade of any part of the development site exceeds 10 percent or where the development abuts existing developed lots, a conceptual grading plan shall be required. The grading plan shall contain adequate information to evaluate impacts to the site and adjacent areas. To the maximum extent practicable, grading (cuts and fills) shall be minimized, streets shall be designed along contours, and structures shall be designed to fit the 2.5 - 7 LDC December 18, 2000 topography of the site. If a grading plan is required, it shall indicate how these objectives are met, how runoff or surface water from the development will be managed, and how the development’s surface waters will be disposed; (j) Conceptual landscape plan drawn to scale and showing the location of existing trees and vegetation proposed to be removed from or to be retained on the site, the location and conceptual design for landscaped areas (types of plant materials as basic as trees, shrubs, and groundcover/lawn areas), and other conceptual landscape features including walls and fences; (k) For residential development, existing structures and trees located on land adjacent to the development that, between 9 a.m. and 3 p.m. on November 21, will reduce solar access to the subject property; and (l) For residential development, indication of which buildings will have solar access protection, and appropriate documentation to verify how solar access will be protected. f. Narrative Requirements A written statement shall include the following information: 1. Statement of planning objectives to be achieved by the Planned Development. This statement shall include a description of the proposed development, the rationale behind the assumptions and choices made, and a discussion of how the application meets the review criteria in 2.5.40.04 below, including the development standards required by this Code; 2. Quantitative data for the following where appropriate: (a) Total number and type of dwelling units; (b) Square footages of all structures; (c) Parcel size; (d) Proposed lot coverage of buildings and structures, where known; (e) Gross densities per acre; 2.5 - 8 LDC December 18, 2000 (f) Total square footage of green area (lands not designated for buildings or vehicle parking and maneuvering areas); (g) Total number of parking spaces (compact, standard, handicapped, bicycle) and breakdown of how parking is consistent with Code requirements; and (h) Total square footage of nonresidential construction. 3. General statement outlining timing, responsibilities, and financial assurances for all public and non-public improvements such as irrigation, private roads and drives, landscape, and maintenance; 4. For residential development, a statement or map describing existing and proposed buildings with protected solar access consistent with Chapter 4.6 - Solar Access. 5. Statement describing phases of project, if proposed. Phases shall be: (a) Substantially and functionally self-contained and self-sustaining with regard to access, parking, utilities, green areas, and similar physical features; and capable of substantial occupancy, operation, and maintenance upon completion of construction and development; (b) Arranged to avoid conflicts between higher and lower density development; (c) Properly related to other services of the community as a whole and to those facilities and services yet to be provided; and (d) Provided with such temporary or permanent transitional features, buffers, or protective areas as may be required to prevent damage or detriment to any completed phases and to adjoining properties not in the Planned Development. 6. Traffic impact study, if required by the City Engineer. The City Engineer shall define the scope of the traffic impact study based on established procedures. 2.5.40.02 - Acceptance of Application a. The Director shall review the application in accordance with Chapter 2.0 - Public Hearings. 2.5 - 9 LDC December 18, 2000 b. After accepting a complete application the Director shall schedule a public hearing to be held by the Planning Commission. Notice of the hearing shall be provided in accordance with Chapter 2.0 - Public Hearings. c. Any revisions to an accepted application that result in the need for an additional public notice to be mailed shall be regarded as a new application. Such new application shall require additional filing fees and rescheduling of the required public hearing. 2.5.40.03 - Staff Evaluation The Director shall prepare a report that evaluates whether the Conceptual Development Plan complies with the review criteria below. The report shall also include a recommendation for approval or denial and, if needed, a list of conditions for the Planning Commission to consider if an approval is granted. 2.5.40.04 - Review Criteria Requests for the approval of a Conceptual Development Plan shall be reviewed to ensure consistency with the purposes of this chapter, policies and density requirements of the Comprehensive Plan, and any other applicable policies and standards adopted by the City Council. The application shall demonstrate compatibility in the following areas, as applicable: a. Compensating benefits for the variations being requested; b. Basic site design (the organization of uses on a site and the uses’ relationships to neighboring properties); c. Visual elements (scale, structural design and form, materials, etc.); d. Noise attenuation; e. Odors and emissions; f. Lighting; g. Signage; h. Landscaping for buffering and screening; i. Transportation facilities; j. Traffic and offsite parking impacts; k. Utility infrastructure; 1 Redevelopment and reconstruction of buildings in existence and permitted in zoning prior to December 31, 2000, are allowed pursuant to the requirements of section 4.10.70.01 - Applicability, of Chapter 4.10 - Pedestrian Oriented Design Standards. 2.5 - 10 LDC December 18, 2000 l. Effects on air and water quality (note: a DEQ permit is not sufficient to meet this criterion); m. Design equal to or in excess of the types of improvements required by the standards in Chapter 4.10 - Pedestrian Oriented Design Standards1; n. Preservation and/or protection of significant natural features and wildlife habitat, consistent with the Comprehensive Plan; and o. To the maximum extent practicable, grading (cuts and fills) shall be minimized, streets shall be designed along contours, and structures shall be designed to fit the topography of the site. 2.5.40.05 - Action by the Planning Commission The Planning Commission shall conduct a public hearing in accordance with Chapter 2.0 - Public Hearings. Following the close of the hearing, the Planning Commission shall approve, conditionally approve, or deny the Conceptual Development Plan. The Commission's decision shall include findings that specify how the application has or has not complied with the above review criteria. 2.5.40.06 - Notice of Disposition The Director shall provide the applicant with a notice of disposition in accordance with Chapter 2.0 - Public Hearings, that includes a written statement of the Planning Commission's decision, a reference to findings leading to it, any conditions of approval, and the appeal period deadline. A notice of disposition shall also be mailed to persons who presented oral or written testimony at the public hearing. 2.5.40.07 - Appeals The decision of the Planning Commission may be appealed in accordance with the provisions of Chapter 2.19 - Appeals. 2.5.40.08 - Effective Date Unless an appeal is filed, the decision of the Planning Commission shall become effective 12 days after the notice of disposition is signed. 2.5.40.09 - Effective Period of Conceptual Development Plan Approval 2.5 - 11 LDC December 18, 2000 Conceptual Development Plan approval shall be effective for a 3-year period from the date of approval. If the applicant has not submitted a Detailed Development Plan for the planned development or its phases within the 3-year period, all approvals shall expire. Where the Planning Commission finds that conditions have not changed, at its discretion and without a public hearing, the Commission may extend the period once for a period not to exceed two additional years. Section 2.5.50 - DETAILED DEVELOPMENT PLAN REVIEW PROCEDURES 2.5.50.01 - Application Requirements When the Director deems any requirement below unnecessary for the proper evaluation of a proposed application, it may be waived. Prior to formal submittal of an application, the applicant is encouraged to participate in an informal pre-application conference with Community Development Department staff to discuss the proposal, the applicant’s requirements, and the applicant’s materials developed in response to the applicable Code requirements. An application filed for a Detailed Development Plan shall follow the requirements specified for a Conceptual Development Plan in section 2.5.40 above and shall also include the following: a. Graphic Requirements In addition to the graphic requirements specified for a Conceptual Development Plan in section 2.5.40.01, a Detailed Development Plan shall include: 1. Location and floor area of existing and proposed structures and other improvements, including maximum heights, building types, and gross density per acre for residential developments; and location of fire hydrants, overhead lines in the abutting right of way, easements, fences, walls, and walkways. Where required by the applicable zone, lot coverage and green area calculations shall be provided. Parking calculations shall also be provided; 2. Typical elevations and floor plans of buildings and structures (which may be submitted on additional sheets) sufficient to indicate the architectural intent and character of the proposed development, 2.5 - 12 LDC December 18, 2000 indicate the entrance and exit points, and permit computations of parking, design, and yard requirements. The elevations shall specify building materials to be used, specifications as to type, color, and texture of proposed exterior surfaces, and information demonstrating compliance with Chapter 4.10 - Pedestrian Oriented Design Standards; 3. For residential development, the housing types within the development that satisfy the housing type variation provisions within the underlying zone. When a subdivision is processed concurrently with a Detailed Development Plan, the developer shall note, on individual lots on the plat, the housing types within the development that satisfy the housing type variation provisions within the underlying zone. Single-family detached housing need not be identified; 4. Conceptual landscape plan drawn to scale and showing the location of existing trees and vegetation proposed to be removed from or to be retained on the site, the location and conceptual design for landscaped areas (types of plant materials as basic as trees, shrubs, and groundcover/lawn areas), and other conceptual landscape features including walls and fences; 5. Detailed utilities plan indicating existing and proposed utility systems and their function, including sanitary sewer, storm sewer, and drainage and water systems; 6. Existing and proposed circulation system plan and dimensions including streets, driveways, sidewalks, multi-use paths, off-street parking areas, service areas (including refuse), loading areas, direction of traffic flow, and major points of access to public rights-of-way. Illustrative cross-sections of streets shall be provided. Notations of proposed ownership (public or private) should be included where appropriate; 7. Location and dimensions of all areas to be conveyed, dedicated, or reserved as common open spaces, green area, public parks, recreational areas, school sites, and similar public and semipublic uses; 8. Exterior lighting plan indicating the location, size, height, typical design, material, color, method, and direction of illumination; 9. For residential development, location of existing and proposed structures and trees on the site that could reduce solar access to any buildable area within the development. The application shall indicate the type and location of trees to be preserved or planted, and the shadow patterns of the trees at their mature height between 9 a.m. and 3 p.m. on November 21; and 2.5 - 13 LDC December 18, 2000 10. For residential development, the location of solar collectors on land adjacent to the development for which solar access permits have been granted. b. Narrative Requirements In addition to the narrative requirements specified for a Conceptual Development Plan in section 2.5.40.01 above, the Detailed Development Plan shall include: 1. Proposals for setbacks or building envelopes, lot areas where land division is anticipated, and number of parking spaces to be provided (per gross floor area or per number of units); 2. Detailed statement outlining timing, responsibilities, and assurances for all public and non-public improvements such as irrigation, private roads and drives, landscape, and maintenance; 3. Proposed methods of energy conservation; and 4. Statement addressing compatibility of proposed development to adjacent land uses relating to such items as architectural character, building type, and height of proposed structures. c. Tentative Plat If a Planned Development is to be subdivided, a tentative plat may also be submitted in accordance with Chapter 2.4 - Subdivisions and Major Replats to permit simultaneous review. 2.5.50.02 - Acceptance of Application a. The Director shall review the application in accordance with Chapter 2.0 - Public Hearings. b. After accepting a complete application, the Director shall schedule a public hearing to be held by the Planning Commission. Notice of the hearing shall be provided in accordance with Chapter 2.0 - Public Hearings. c. Any revisions to an accepted application that result in the need for an additional public notice to be mailed shall be regarded as a new application. Such new application shall require additional filing fees and rescheduling of the required public hearing. 2.5.50.03 - Staff Evaluation 2.5 - 14 LDC December 18, 2000 The Director shall prepare a report that evaluates whether the Detailed Development Plan is consistent with the approved Conceptual Development Plan (if one has been previously approved), and evaluates whether the Detailed Development Plan complies with the review criteria in section 2.5.40.04. The Detailed Development Plan may include changes to a previously approved Conceptual Development Plan, provided the changes are clearly identified and comply with the review criteria in section 2.5.40.04. The Director’s report shall include a recommendation for approval or denial and, if needed, a list of conditions for the Planning Commission to consider if an approval is granted. 2.5.50.04 - Action by the Planning Commission The Planning Commission shall conduct a public hearing in accordance with Chapter 2.0 - Public Hearings. Following the close of the hearing, the Planning Commission shall approve, conditionally approve, or deny the Detailed Development Plan. The Commission's decision shall include findings that specify how the application has or has not complied with the above review criteria. 2.5.50.05 - Notice of Disposition The Director shall provide the applicant with a notice of disposition in accordance with Chapter 2.0 - Public Hearings, that includes a written statement of the Planning Commission's decision, a reference to findings leading to it, any conditions of approval, and the appeal period deadline. A notice of disposition shall also be mailed to persons who presented oral or written testimony at the public hearing. 2.5.50.06 - Appeals a. The decision of the Planning Commission may be appealed in accordance with Chapter 2.19 - Appeals. b. Where an appeal has been filed for a Detailed Development Plan subsequent to Conceptual Development Plan approval, an appeal shall be heard by the City Council only for those items specifically addressed by the Planning Commission for the Detailed Development Plan. 2.5.50.07 - Effective Date Unless an appeal is filed, the decision of the Planning Commission shall become effective 12 days after the notice of disposition is signed. 2.5.50.08 - Effective Period of Detailed Development Plan Approval a. Detailed Development Plan approval shall be effective for a 3-year period from the date of approval. The approval shall expire if the applicant has not, within the 3-year period: 2.5 - 15 LDC December 18, 2000 1. Installed and/or bonded for all public improvements related to the project (or for the first phase, if the project was approved in phases); or 2. Applied for and received foundation permits for at least one building approved as part of the project. b. Detailed Development Plan approval shall also expire if the applicant has not, within five years of the completion of a phase of a phased development: 1. Installed and/or bonded for all public improvements related to the next phase of the project; or 2. Applied for and received foundation permits for at least one building approved as part of the next phase of the project. c. At its discretion and without a public hearing, the Commission may extend the approval once for a period not to exceed two additional years. d. The Planning Commission may permit implementation of the Detailed Development Plan in phases. Such phases shall occur or be completed during the established time period discussed in "a” through “c" above. 2.5.50.09 - Review Criteria for Determining Compliance with a Detailed Development Plan A building permit or other site development permit request shall be reviewed to determine whether the request is in substantial compliance with the approved Detailed Development Plan. It shall be deemed to be in substantial compliance if it is consistent with the review criteria in 2.5.40.04, does not involve any new modifications to Code development standards, and does not involve changes to any specific requirements established at the time of Detailed Development Plan approval. Specific requirements include conditions of approval, Code requirements, and all aspects of the applicant’s proposal that were approved as part of the Detailed Development Plan. Section 2.5.60 - MINOR PLANNED DEVELOPMENT MODIFICATION 2.5.60.01 - Purposes of a Minor Planned Development Modification a. Provide a limited amount of flexibility with regard to site planning and architectural design for approved Detailed Development Plans; and b. Provide elements within the development site that compensate for requested variations from approved Detailed Development Plans such that the intent of the original approvals is still met. 2.5 - 16 LDC December 18, 2000 2.5.60.02 - Thresholds of a Minor Planned Development Modification Within one calendar year, up to three factors identified in “a” through “m” below, which do not exceed the thresholds outlined in these provisions, may be proposed for modification under this section. If more than three such factors are proposed for modification within a calendar year, or if modifications are proposed that exceed the thresholds outlined in “a” through “m” below, the changes shall be processed as a Major Planned Development Modification and shall follow the procedures outlined in section 2.5.70. No modifications to specific requirements established at the time of Planned Development approval, including conditions of approval, Code requirements, and all aspects of the Planned Development proposal, can be made as a Minor Planned Development Modification, unless they are less than the thresholds outlined in items “a” through “m” below. The thresholds for a Minor Planned Development Modification are as follows: a. Change in use type, with the exception that for a valid (still active) Planned Development that existed or was approved before December 31, 2000, a modification request shall be considered as follows: 1. A request to add uses permitted by the underlying zone to up to 25 percent of the total acreage within the Planned Development site shall be considered a Minor Planned Development Modification; and 2. A request to add uses permitted by the underlying zone to greater than 25 percent of the total acreage within the Planned Development site shall be considered a Major Planned Development Modification; b. Increase in dwelling unit density; c. Decrease in dwelling unit density by more than three units for development sites 1 acre or smaller in size; or decrease in dwelling unit density by more than five units or by more than 10 percent, whichever is less, for development sites larger than 1 acre; d. Change in the ratio of the different types of dwelling units; e. Change in the type or location of commercial or industrial structures that would result in a less pedestrian-friendly environment (e.g., a pedestrian walk is eliminated, a parking lot is placed to separate (or further separate) a building from pedestrian facilities, etc.); f. Change in the type and location of accessways and parking areas where offsite traffic would be affected or which result in a less pedestrian-friendly environment; 2.5 - 17 LDC December 18, 2000 g. Increase in the number of parking spaces where such increase adversely affects significant natural features or pedestrian amenities, or is inconsistent with a condition of approval or an applicable development standard (e.g., required green area); h. Increase by more than 10 percent in the floor area proposed for nonresi- dential use; i. Decrease by more than 10 percent in the common and/or usable green area; j. Increase by more than 5 percent in the total ground area proposed to be covered by structures; k. Decrease by more than 25 percent in specific setback requirements; l. Decrease by more than 10 percent in project amenities for pedestrians or bicycles, recreational facilities, screening, and/or landscaping provisions; m. Modification of architectural building elevations where any of the following occur: 1. Percentage of window coverage per elevation is decreased by more than 20 percent (may affect the number and/or shape of windows); or windows are installed on a previously specified blank wall on the perimeter of the site; 2. Building materials for the main walls of the facades are changed; 3. Any architectural feature is reduced by more than 20 percent. Architectural features include such items as the number of windows with trim, the number of dormers, the number of columns, the number of shutters, the square footage of porches, the number of window boxes, the linear footage of porch or deck railings, and/or the linear footage and/or height of parapets, reveals, and/or cornices, etc.; 4. Roof pitch is reduced; 5. Building offsets or recesses are reduced by more than 20 percent; or 6. Garages or carports are eliminated. 2.5.60.03 - Procedures for a Minor Planned Development Modification 2.5 - 18 LDC December 18, 2000 a. An applicant may petition for review of previously approved plans for purposes of modifying a Planned Development, stating reasons for the change(s). b. Where the Director determines that the proposed changes qualify as a Minor Planned Development Modification in accordance with the thresholds outlined in section 2.5.60.02, the Director shall administratively process the application as a Minor Planned Development Modification. The Minor Planned Development Modification may be approved, conditionally, approved, or denied by the Director. If the proposed changes exceed the thresholds outlined in section 2.5.60.02, the changes shall be processed as a Major Planned Development Modification and the applicant shall follow the procedures outlined in section 2.5.70. c. In reviewing the proposed modification, the Director shall follow the procedures herein required for Minor Planned Development Modification submittal and review. d. To determine whether to authorize a Minor Planned Development Modification, the Director shall consider the review criteria in section 2.5.40.04 and the following additional review criterion: 1. New benefits are provided that compensate for any negative effects caused by the requested variations from the original project design. New elements used to compensate for a negative effect shall be of at least equal value to the elements proposed to be changed. Applicants shall provide the Director with information substantiating the value of the new elements in comparison to the value of the elements to be changed. The value information shall be developed by a qualified professional in the field relevant to the elements being exchanged. e. Upon finding that the application qualifies as a Minor Planned Development Modification, the Director may consider the redesign in whole or in part of any planned development, to the extent that the redesign still falls within the thresholds outlined in section 2.5.60.02. f. To the extent that the redesign does not exceed the thresholds outlined in section 2.5.60.02, notice for a Minor Planned Development Modification shall be provided in accordance with Chapter 2.16 - Request for Interpretation. g. Action on the application, the notice of disposition, appeals, the effective date, and the effective period of the Minor Planned Development Modification shall be in accordance with sections 2.12.30.07 through 2.12.30.11 of Chapter 2.12 - Lot Development Option. 2.5 - 19 LDC December 18, 2000 2.5.60.04 - Determining Compliance with a Minor Planned Development Modification A building permit or other site development permit request shall be reviewed to determine whether the request is in substantial compliance with any approved Minor Planned Development Modification. It shall be deemed to be in substantial compliance if it is consistent with the review criteria in section 2.5.40.04, does not involve any additional deviations from Code development standards, and does not involve changes to any specific requirements established at the time of Minor Planned Development Modification approval. Specific requirements include conditions of approval, Code requirements, and all aspects of the applicant’s proposal that were approved as part of the Minor Planned Development Modification. Section 2.5.70 - MAJOR PLANNED DEVELOPMENT MODIFICATION 2.5.70.01 - Procedures If a modification is proposed that exceeds the thresholds outlined in section 2.5.60.02, or involves modifications to more than three factors that do not exceed the thresholds in section 2.5.60.02, but are proposed within a single calendar year, the changes shall be processed as a Major Planned Development Modification. a. An applicant may petition for review of previously approved plans for purposes of modifying a Planned Development, stating reasons for the change. b. Where the Director determines that the proposed changes qualify as a Major Planned Development Modification in accordance with the thresholds outlined in section 2.5.60.02, a hearing shall be scheduled before the Planning Commission in accordance with Chapter 2.0 - Public Hearings. The Planning Commission may approve, conditionally approve, or deny the Major Planned Development Modification. c. In reviewing the proposed modification, the Planning Commission shall follow the procedures herein required for Detailed Development Plan submittal and review. The Commission shall consider the review criteria in section 2.5.40.04 to determine whether to authorize a Major Planned Development Modification. d. Upon finding that the application qualifies as a Major Planned Development Modification, the Planning Commission may consider the redesign in whole or in part of any planned development. e. Notice, action on the application, the notice of disposition, appeals, the effective date, and the effective period of a Major Planned Development 2.5 - 20 LDC December 18, 2000 Modification shall be in accordance with the same provisions for a Detailed Development Plan. 2.5.70.02 - Determining Compliance with a Major Planned Development Modification A building permit or other site development permit request shall be reviewed to determine whether the request is in compliance with any approved Major Planned Development Modification. It shall be deemed to be in compliance if it does not involve any additional deviations from Code development standards, and does not involve changes to any specific requirements established at the time of Major Planned Development Modification approval. Specific requirements include conditions of approval, Code requirements, and all aspects of the applicant’s proposal that were approved as part of the Major Planned Development Modification. Section 2.5.80 - PLANNED DEVELOPMENT NULLIFICATION a. Property owner(s) or their authorized agents may apply to nullify an established Planned Development designation by filing an application form provided by the Director. b. The burden of proof is on the applicant to justify nullification of the Planned Development designation, giving substantial evidence that: 1. Developing the property under conventional zoning standards and regulations will not create nonconforming development; 2. Special circumstances such as building relationships, drainageways, public improvements, topographies, etc. that were to be addressed through the Planned Development process can be dealt with as effectively through conventional standards; 3. Conditions attached by the hearing authority to the approved Planned Development can be met or are no longer necessary; and 4. No prior commitments involving the subject property were made that would adversely affect it, related properties, or the City, as in the case of density transfer, public improvements and activities, building relationships, recreational facilities, open space, or phasing of development. c. Action on the application, the notice of disposition, appeals, and the effective date of a Planned Development nullification shall be in accordance with the same provision for a Detailed Development Plan. 2.5 - 21 LDC December 18, 2000 d. If the Planned Development is nullified, the PD overlay designation shall be removed from the Official Zoning Map after the appeal period has expired. Section 2.5.90 - REFINEMENT PLAN PROCEDURES A Refinement Plan is more detailed than a Comprehensive Plan and applies to a specific geographic area. A Refinement Plan may be legislative or quasi-judicial and is designed to do the following: a. Establish efficient density ranges, including a minimum and maximum density for residential uses; b. Establish minimum and maximum floor area ratios or site coverage requirements for nonresidential uses; c. Incorporate a Detailed Development Plan application and planning process as outlined in section 2.5.50; and d. Include land use regulations to implement the Refinement Plan. A plan will not be classified as a Refinement Plan, unless it is specifically adopted as one in accordance with the provisions of this section (2.5.90). With the exception of the initiation procedures outlined below in section 2.5.90.01, and the public hearing process as outlined in Chapter 2.0, the procedures for both legislative and quasi-judicial Refinement Plans shall be the same. 2.5 - 22 LDC December 18, 2000 2.5.90.01 - Initiation a. Initiation Procedures for Legislative Refinement Plans A Refinement Plan is considered to be a legislative act if the plan applies uniformly to a sufficiently large number of properties as determined by contemporary legal principles. Initiation procedures shall be as follows: 1. A legislative Refinement Plan may be initiated by a majority vote of the City Council or Planning Commission, upon a finding that there is sufficient cause to initiate the Plan; or 2. Property owners may petition the Planning Commission to initiate a hearing through the following procedure: (a) A petition shall be considered only if it represents a majority (over 50 percent) of property owners within the area of the proposed Refinement Plan; (b) A petition shall include a description of the Refinement Plan, a map of the area to be affected, and sufficient information to provide for an adequate review; and (c) If the Planning Commission determines that there is sufficient cause, it shall initiate review of the Refinement Plan in accordance with Chapter 2.0 - Public Hearings. b. Initiation Procedures for Quasi-Judicial Refinement Plans All Refinement Plans not deemed to be legislative shall be deemed quasi- judicial. Initiation of a quasi-judicial Refinement Plan shall be accomplished by one of the following ways: 1. Filing of an application by the owner(s) of the subject property(ies); or 2. A majority vote of the City Council or Planning Commission, following the same procedures used for legislative Refinement Plans discussed above. 2.5.90.02 - Application Requirements Application submittal requirements for Refinement Plans shall be the same as the application submittal provisions outlined in section 2.5.50 for a Detailed Development Plan, and shall be augmented with the following: 2.5 - 23 LDC December 18, 2000 a. Information identifying the density ranges, including the minimum and maximum density for residential uses, within the proposed Refinement Plan area; b. Information identifying the minimum and maximum floor area ratios or site coverage requirements for nonresidential uses; c. Graphics establishing lot patterns for any portions of the Refinement Plan area where an Expedited Land Division is anticipated; and d. Information identifying the proposed land use regulations to implement the Refinement Plan. 2.5.90.03 - Staff Evaluation City staff shall prepare a report that evaluates whether the proposal complies with the review criteria below. The report will include a recommendation for approval or denial and, if needed, a list of conditions for the Planning Commission to consider if an approval is granted. 2.5.90.04 - Review Criteria A request for approval of a Refinement Plan shall be reviewed to determine the effects on City facilities and services and to ensure consistency with the purposes of section 2.5.90, the policies of the Comprehensive Plan, and any other applicable policies and standards adopted by the City Council. The Refinement Plan application shall demonstrate compliance with the following: a. Establish efficient density ranges, including a minimum and maximum density for residential uses, and ensure that these density ranges are consistent with the Comprehensive Plan; b. Establish minimum and maximum floor area ratios or site coverage requirements for nonresidential uses; c. Meet the application submittal requirements outlined above in section 2.5.90.02; d. Include land use regulations to implement the Refinement Plan; e. Be specifically referred to (and ultimately adopted) as a Refinement Plan; and 2 Redevelopment and reconstruction of buildings in existence and permitted in zoning prior to December 31, 2000, are allowed pursuant to the requirements of section 4.10.70.01 - Applicability. 2.5 - 24 LDC December 18, 2000 f. Demonstrate compatibility in the following areas, as applicable: 1. Compensating benefits for any variations being requested from standard Code provisions; 2. Basic site design (the organization of uses on a site and the uses’ relationships to neighboring properties); 3. Visual elements (scale, structural design and form, materials, etc.); 4. Noise attenuation; 5. Odors and emissions; 6. Lighting; 7. Signage; 8. Landscaping for buffering and screening; 9. Transportation facilities; 10. Traffic and offsite parking impacts; 11. Utility infrastructure; 12. Effects on air and water quality (note: a DEQ permit is not sufficient to meet this criterion); 13. Design equal to or in excess of the types of improvements required by the standards in Chapter 4.10 - Pedestrian Oriented Design Standards2; 14. Preservation and/or protection of significant natural features and wildlife habitat, consistent with the Comprehensive Plan; and 15. To the maximum extent practicable, grading (cuts and fills) shall be minimized, streets shall be designed along contours, and structures shall be designed to fit the topography of the site. 2.5.90.05 - Action by the Planning Commission 2.5 - 25 LDC December 18, 2000 The Planning Commission shall conduct a public hearing in accordance with Chapter 2.0 - Public Hearings. Following the close of the hearing, the Planning Commission shall make a decision to approve, conditionally approve, or deny the proposed Refinement Plan. The Commission’s decision shall include findings that specify how the proposal has or has not complied with the above review criteria. 2.5.90.06 - Notice of Disposition The Director shall provide the applicant with a notice of disposition in accordance with Chapter 2.0 - Public hearings, that includes a written statement of the Planning Commission’s decision, a reference to findings leading to it, any conditions of approval, and the appeal period deadline. A notice of disposition shall also be mailed to persons who presented oral or written testimony at the public hearing. 2.5.90.07 - Appeals The decision of the Planning Commission may be appealed in accordance with Chapter 2.19 - Appeals. 2.5.90.08 - Effective Date Unless an appeal is filed, the decision of the Planning Commission shall become effective 12 days after the notice of disposition is signed. An approved Refinement Plan may be nullified in accordance with section 2.5.90.09 below, but not modified. If modifications are desired, the Refinement Plan Nullification procedures outlined in section 2.5.90.09 shall be followed and then a new Refinement Plan may be established via the procedures outlined in sections 2.5.90.01 through 2.5.90.08. 2.5.90.09 - Refinement Plan Nullification a. Nullification of a Refinement Plan shall be initiated consistent with the procedures outlined above in section 2.5.90.01. b. The Planning Commission shall hold a public hearing and provide notice of the hearing and decision in accordance with Chapter 2.0 - Public Hearings. c. The burden of proof is on the applicant to justify nullification of the Refinement Plan, giving substantial evidence that: 1. Developing the property under conventional zoning standards and regulations will not create nonconforming development; 2. Special circumstances such as building relationships, drainageways, public improvements, topographies, etc., that were addressed through the Refinement Plan process can be dealt with as effectively through conventional standards; 2.5 - 26 LDC December 18, 2000 3. Conditions attached by the hearing authority to the approved Refinement Plan can be met or are no longer necessary; and 4. No prior commitments involving the subject property were made that would adversely affect it, related properties, or the City, as in the case of density transfer, public improvements and activities, building relationships, recreational facilities, open space, or phasing of development. Section 2.5.100 - EXPEDITED LAND DIVISION PROCEDURES 2.5.100.01 - Purposes An Expedited Land Division pertains to the creation of three or fewer lots in a calendar year and may occur only on a development site with an approved Refinement Plan that establishes the pattern of lots for the site. An Expedited Land Division is classified as General Development and is also designed to do the following: a. Include land that is zoned for residential uses; b. Be solely for the purposes of residential use, including recreational or open space uses accessory to the residential use; c. Be for lands that do not provide for dwellings or accessory buildings to be located on land that is specifically mapped and designated in the Comprehensive Plan and in this Code for full or partial protection of natural features under the Statewide Planning Goals that protect: 1. Open spaces, scenic and historic areas and natural resources; and 2. The Willamette River Greenway. d. Satisfy minimum street or other right-of-way connectivity standards established by the Comprehensive Plan (including the Transportation Plan) and this Code; and e. Create a sufficient number of lots or parcels to allow building residential units at 80 percent or more of the maximum net density permitted by the zoning designation of the site, yet still be a total of three or fewer lots. A filed Expedited Land Division application shall be reviewed in accordance with the procedures outlined in sections 2.5.100.02 through 2.5.100.09 below. 2.5.100.02 - Application Requirements 2.5 - 27 LDC December 18, 2000 Application requirements shall be in accordance with section 2.14.30.01 of Chapter 2.14 - Partitions, Minor Replats, and Lot Line Adjustments. Additionally, the applicant of an Expedited Land Division shall include a copy of the approved Refinement Plan and its related notice of disposition, and depict how the proposed Expedited Land Division is consistent with the approved Refinement Plan. 2.5.100.03 - Acceptance of Application The Director shall review the Expedited Land Division application for compliance with the application requirements in section 2.5.100.02, consistency with the approved Refinement Plan, and compliance with any applicable conditions of approval for the approved Refinement Plan. If the application is incomplete, the Director shall notify the applicant within 21 days and state what information is needed to make the application complete. From the date the applicant is notified by the Director to submit additional materials, the applicant shall have 10 days to submit those materials. 2.5.100.04 - Public Notice Public notice shall be in accordance with section 2.14.30.03 of Chapter 2.14 - Partitions, Minor Replats, and Lot Line Adjustments. 2.5.100.05 - Staff Evaluation The application and any comments that have been received shall be reviewed to ensure consistency with the review criteria in section 2.5.100.06 below. 2.5.100.06 - Review Criteria Requests for approval of an Expedited Land Division shall be reviewed to ensure: a. Consistency with the approved Refinement Plan and its related conditions of approval, the purposes outlined above in section 2.5.100.01, pertinent development standards of the Code, policies and density requirements of the Comprehensive Plan and this Code, and any other applicable policies and standards adopted by the City Council; b. Approval does not impede future development of property within the boundaries of the approved Refinement Plan; and c. Approval does not impede future development of property under the same ownership or on adjacent lands planned for urban densities, including the provision of City services and access from a public street. 2.5.100.07 - Action on Application, Notice of Disposition, Appeals, and Effective Date 2.5 - 28 LDC December 18, 2000 Action on the application, the notice of disposition, appeals, and the effective date of the Expedited Land Division shall be in accordance with sections 2.14.30.06 through 2.14.30.09 of Chapter 2.14 - Partitions, Minor Replats, and Lot Line Adjustments. 2.5.100.08 - Effective Period of Expedited Land Division Approval Approval of an Expedited Land Division shall be valid for a period of one year from the effective approval date. Upon request, the Director may approve a single 1-year time extension on the approval. 2.5.100.09 - Final Plat Review Procedures Final Plat review procedures for an Expedited Land Division shall be in accordance with section 2.14.40 of Chapter 2.14 - Partitions, Minor Replats, and Lot Line Adjustments. 2.6 - 1 LCD December 18, 2000 CHAPTER 2.6 ANNEXATIONS Section 2.6.10 - BACKGROUND The process of land annexation allows for the orderly expansion of the City and adequate provision for public facilities and services. The City Charter requires voter approval of an annexation unless an annexation is mandated by State law. For example, health hazard annexations are mandated by State law and do not require voter approval. Section 2.6.20 - PURPOSES Procedures and review criteria for proposed annexations are established for the following purposes: a. Maximize citizen involvement in the annexation review process; b. Establish a methodology to evaluate need, serviceability, and the economic, environmental, and related social effects of proposed annexations; c. Provide adequate public information and sufficient time for public review before an annexation election; d. Ensure adequate time for City staff review; and e. Allow for simultaneous review of multiple annexation proposals. Section 2.6.30 - PROCEDURES An application filed for annexation shall be reviewed in accordance with the following procedures. 2.6.30.01 - Determination of Annexation Type The Director shall determine whether an application is for a Minor or Major Annexation as follows: a. Minor Annexation - Intended to address situations where properties are proposed for annexation and, by virtue of their size and development potential, have negligible impacts on surrounding properties and neighborhoods, and on the community as a whole. These annexations are typically proposed to gain access to public services (e.g., sanitary sewer and water facilities) before actual health hazards are declared; to incorporate infill sites into the City; and/or to allow a limited level of urban development to occur on existing parcels. Minor Annexation provisions are not intended to provide for “piecemeal” annexations whereby a property owner within the 2.6 - 2 LCD December 18, 2000 County partitions a small piece of land specifically to be classified as a Minor Annexation, and then continues to partition small sites and propose multiple Minor Annexations. An annexation shall be considered Minor if all of the following conditions exist: 1. No more than one parcel is involved; 2. For residential annexations, the parcel is capable of providing not more than 10 dwelling units (at maximum allowed density per gross acre). For commercial and industrial annexations, the parcel is no greater than 1 acre; and 3. City services are contiguous to the parcel. When addressing the “public need” criterion of section 2.6.30.06.a and the “advantages versus disadvantages” criterion of section 2.6.30.06.b, a Minor Annexation proposal need not provide the same level of detail as a Major Annexation proposal (see sections 2.6.30.06 and 2.6.30.07 for specifics). All other submittal requirements and review criteria, however, are applicable. b. Major Annexation - An annexation shall be considered Major if it does not meet all three conditions for a Minor Annexation as outlined above. 2.6.30.02 - Application Filing Deadlines Annexation elections are scheduled for May and November of each year. Application filing deadlines for Minor and Major Annexations must be filed with the Community Development Department before 5:00 p.m. on the last working day in September for a ballot election in May, and on the last working day in March for a ballot election in November. 2.6.30.03 - Application Requirements When the Director deems any requirement below unnecessary for the proper evaluation of a proposed application, it may be waived. Prior to formal submittal of an application, the applicant is encouraged to participate in an informal pre-application conference with Community Development Department staff to discuss the proposal, the applicant’s requirements, and the applicant’s materials developed in response to the applicable Code requirements. Applications for annexation shall be made on forms provided by the Director and shall be accompanied by the following: 2.6 - 3 LCD December 18, 2000 a. Signed consent of the owner(s) or the owners’ legal representatives of the subject property(ies) to dispense with an election of the area to be annexed as provided by State law. Because health hazard annexations do not involve an election, signed consent to the annexation by the property owner(s) or the owners’ legal representatives shall suffice; b. Fifteen copies of the narrative, on 8.5- by 11-in. sheets, and 15 copies of graphics at an 8.5- by 11-in. size. The Director may request additional copies of the narrative and/or graphics for routing purposes, if needed. Related names/numbers must be legible on the graphics. The Director may also require some or all graphics at an 11- by 17-in. size if, for legibility purposes, such a size would be helpful; c. Six sets of full-scaled black line or blueprint drawings of the graphic(s), with sheet size not to exceed 24- by 36-in. Where necessary, an overall plan with additional detail sheets may be submitted; d. An electronic version of these documents (both text and graphics, as applicable) if an applicant has produced part or all of an application in an electronic format. The applicant shall coordinate with the City regarding compatible electronic formats, to the greatest extent practicable; e. Boundary survey of the property to be annexed, certified by a registered surveyor; and a legal description of the property to be annexed that includes the road or street right-of-way adjacent to the property. Copies of the legal description shall be provided in both written and electronic format; and f. If the annexation proposal includes areas planned for open space, general community use, or public or semi-public ownerships, the annexation request shall be accompanied by a Comprehensive Plan Map amendment request (as outlined in section 2.6.30.06.d and in accordance with Chapter 2.1 - Comprehensive Plan Amendment Procedures). g. Graphic Requirements Graphics shall include the following information where applicable: 1. Legible vicinity map of the area to be annexed that shows adjacent City and County territory at least 300 ft. beyond the boundaries of the annexation site for Minor Annexations, and at least 1,200 ft. beyond the boundaries of the site for Major Annexations. The map shall include features such as existing streets and parcel boundaries, existing structures, major drainageways, riparian areas, and any other information that, in the Director’s opinion, would assist in providing a context for the proposed annexation. The map shall be 8.5- by 11-in. in size for Minor Annexations, and both 8.5- by 11-in. and 24- by 36- 2.6 - 4 LCD December 18, 2000 in. in size for Major Annexations. The Director may also require maps for Major Annexations to be an 11- by 17-in. size, and/or may require an area greater than 1,200 ft. beyond the site if such maps would be helpful; 2. Zoning map (typically 1 in. = 400 ft., but up to 1in. = 800 ft., depending on the size of the site) with a key that identifies each zone on the site and within 1,000 ft. of the site as per City format; 3. Comprehensive Plan Map (typically 1 in. = 800 ft.) with a key that identifies each land use designation on the site and within 1,000 ft. of the site as per City format; 4. Existing land use map (typically a topographic map that extends at least 1,000 ft. beyond the site). The map shall include building footprints and distinguish between single-family, multi-family, commercial, and industrial uses, as well as other significant features such as roads, drainageways, riparian areas, parks, and schools; 5. One set of assessor’s maps of the area to be annexed, with the annexation area outlined in red; 6. General land use plan that illustrates the following, at a minimum, in sufficient detail to apply the review criteria (section 2.6.30.06): (a) Proposed land use zones and densities; (b) Transportation corridors and functional classifications of streets within and surrounding the annexation area; (c) Site utilities within and surrounding the annexation area; (d) Watercourses, floodplains, riparian areas, and wetland determinations; (e) Significant vegetation (refer to Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting for guidance on how to inventory significant natural features); (f) Topographic contours at 2-ft. intervals for slopes with a grade under 20 percent and at 5-ft. intervals for slopes with a grade at or greater than 20 percent; and (g) Information on land areas within at least 300 ft. of the subject property, indicating the relationship of the annexation area to adjacent land uses. The Director may require an applicant’s 2.6 - 5 LCD December 18, 2000 general land use plan to include information on lands in excess of 300 ft. from an annexation site (e.g., as in cases where an adjacent property is large and a view of the whole parcel would be helpful). The general land use plan shall identify land uses, lot lines, existing buildings, driveways, transportation connections, utilities, and significant natural features. Illustrative cross-sections of streets shall also be provided. An aerial photo may be used as the base for the general land use plan. Ortho photos are available at City Hall. 7. Significant natural features map(s) and a preservation plan that together identify significant natural features of the site and proposed methods of preservation, including but not limited to: (a) Watercourses, floodplains, wetlands, and riparian areas. The map shall indicate boundaries, acreages, and names, where applicable. Where watercourses are involved, the map shall also show the top of existing banks and channel depth, and indicate the boundaries of any riparian areas and required drainageway dedications. Calculations used to determine the width of the drainageway dedications shall be provided, as well as cross-sections (at 50-ft. intervals) to support the calculations. The cross-sections shall show a width encompassing the watercourse and at least 20 ft. on either side of the top of banks (refer to Chapter 4.5 - Flood Control and Drainageway Provisions for additional guidance). (b) Significant natural vegetation (refer to Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting for guidance). The map shall indicate species, canopies, and diameters at breast height for trees. In cases where a site contains large groves of significant vegetation that result in a single large canopy, the map may indicate the outer perimeter of the canopy of each grove, and state the species and ranges of tree diameters at breast height for each species within the grove. (c) Plants, plant communities, and fish and wildlife habitat found on the site that are listed as threatened or endangered with the National Marine Fisheries Service or the U.S. Fish and Wildlife Service, as well as significant native vegetation as defined in the Oregon National Heritage Plan (1998), which may include certain woodlands, grasslands, wetlands, riparian vegetation, and plant species. (d) Archaeological sites recorded by the State Historic Preservation Office (SHPO). 2.6 - 6 LCD December 18, 2000 8. The applicant may provide a more detailed plan and may consolidate the annexation proposal with other applications such as a tentative subdivision plat. However, a Detailed Development Plan is not required at the annexation phase. If the applicant chooses to consolidate land use applications, all of the submittal requirements as stated in other chapters of this Code shall be met. h. Narrative Requirements A written statement shall include the following information: 1. Statement of availability, capacity, and status of existing water, sewer, storm drainage, transportation, park, and school facilities; and franchise utilities. The franchise utility companies shall provide a written statement confirming the ability to serve the site. The applicant shall obtain information from the affected service and utility providers using GIS base maps where available; 2. Statement of increased demand for the facilities that will be generated by the proposed annexation. The applicant shall refer to the criteria of the City’s facility master plans (available via the City Engineer) to determine the methodology used to estimate public facility demands. Information related to an actual development proposal may be included for informational purposes. At minimum, the demand calculations associated with the full range of development potential (min. to max.) under proposed land uses designations shall be addressed in the analysis; 3. Statement of additional facilities required to meet the increased demand and phasing of such facilities in accordance with projected demand. The applicant shall review adopted public facility plans, master plans, and capital improvement programs, and state whether additional facilities are planned or scheduled for the annexation area. Information related to an actual development proposal may be included for informational purposes. At minimum, the demand calculations associated with the full range of development potential (min. to max.) under the proposed land uses designations shall be addressed in the analysis; 4. Traffic impact study, if required by the City Engineer. The City Engineer shall define the scope of the traffic impact study based on established procedures. Information related to an actual development proposal may be included for informational purposes. At minimum, the traffic calculations associated with the full range of development potential (min. to max.) under the proposed land uses designations shall be addressed in the analysis; 2.6 - 7 LCD December 18, 2000 5. Statement outlining the method and source of financing required to provide additional facilities; 6. A discussion demonstrating public need for the annexation. To provide consistency in reviewing annexations, the applicant shall use the information sources and methodology described in section 2.6.30.07; and 7. Comprehensive narrative of potential positive and negative effects of the proposed annexation related to the following: (a) Issues of need, serviceability, economics, environmental, and related social effects of the proposed annexation on the community as a whole; (b) Issues of need, serviceability, economics, environmental, and related social effects of the proposed annexation on the comprehensive neighborhood of which the annexation will become a part; and (c) Proposed actions to mitigate negative effects. The information provided by the applicant shall be used to assist in weighing the advantages and disadvantages of the proposed annexation. The information shall address all aspects of the review criteria (section 2.6.30.06), and the advantages and disadvantages shall be discussed in terms of those listed in the review criteria and further detailed in section 2.6.30.07. 2.6.30.04 - Acceptance of Application a. The Director shall review the application in accordance with Chapter 2.0 - Public Hearings. b. After accepting a complete application, the Director shall schedule a public hearing to be held by the Planning Commission. Notice of the hearing shall be provided in accordance with Chapter 2.0 - Public Hearings. c. Any revisions to an accepted application that result in the need for an additional public notice to be mailed shall be regarded as a new application. Such new application shall require additional filing fees and rescheduling of the required public hearing. 2.6.30.05 - Staff Evaluation 2.6 - 8 LCD December 18, 2000 The Director shall prepare a report that evaluates whether the annexation proposal includes adequate information for the hearing authority to determine the proposal’s compliance with the review criteria in section 2.6.30.06. The report will include a recommendation to the Planning Commission and City Council stating whether the annexation includes adequate information for the electorate to make an informed decision. The Planning Commission and City Council shall determine whether the annexation proposal complies with the review criteria and whether the annexation request should be referred to the electorate. 2.6.30.06 - Review Criteria Requests for annexations shall be reviewed to ensure consistency with the purposes of this chapter, applicable policies of the Comprehensive Plan (particularly Article 14), and other applicable policies and standards adopted by the City Council and State of Oregon. Annexations can only be referred to the voters when the proposed annexation site is within the City’s Urban Growth Boundary (UGB), and where the following findings are made (criteria highlighted in bold type): a. The applicant has demonstrated a public need for the annexation 1. Factors to be considered in evaluating public need for Minor Annexations shall include, but are not limited to: (a) Reason for the annexation; (b) Health issues; (c) Adequate demonstration that the annexation provides for the logical urbanization of land; (d) Whether the site can be served with public facilities; and (e) Discussion of the applicable livability indicators and benchmarks as specified in section 2.6.30.07.c. Minor Annexation proposals need not include the calculations relative to a 5-year supply of serviceable land that are required below for Major Annexations. 2. Factors to be considered in evaluating public need for Major Annexations shall include, but are not limited to: 2.6 - 9 LCD December 18, 2000 (a) The five-year supply of serviceable land of the annexation’s land use category (single-family, multi-family, commercial, or industrial). Annexations of land designated as Public Institutional, Open Space-Conservation, or Open Space- Agriculture on the Comprehensive Plan Map are exempt from this criteria; (b) Availability of sufficient land of this type (single-family, multi- family, commercial, or industrial) to ensure choices in the market place. Annexations of land designated as Public Institutional, Open Space-Conservation, or Open Space- Agriculture on the Comprehensive Plan Map are exempt from this criteria; and (c) Compliance with adopted community-wide livability indicators and benchmarks relative to Major Annexations, as identified in section 2.6.30.07.c. The City shall provide annually updated Citywide data for the applicant to use in calculating supply and demand for the major land use categories (single-family residential, multi-family residential, commercial and industrial). Residential land supply and demand data shall be calculated using housing units. Commercial and industrial land supply and demand data shall be calculated using acres. The required data sources and methodologies for use in determining land supply and demand for Major Annexations, and the requirements for addressing community-wide benchmarks, are outlined below in section 2.6.30.07. b. The annexation provides more advantages to the community than disadvantages. To provide guidance to applicants, examples of topics to address for the “advantages versus disadvantages” discussion are highlighted in section 2.6.30.07. 1. Minor Annexation proposals shall include a general discussion regarding: (a) Advantages and disadvantages of the annexation (e.g., a health hazard situation or existence of significant natural features); and (b) Applicable livability indicators and benchmarks identified in section 2.6.30.07.c. 2. Major Annexation proposals shall include a discussion of advantages and disadvantages in terms of the methodologies outlined in section 2.6 - 10 LCD December 18, 2000 2.6.30.07. Applicants are required to document the methodologies and criteria used. The Director will review the applicants’ arguments, but will not conduct independent research to verify or justify them. c. The site is capable of being served by urban services and facilities required with development. The developer is required to provide urban services and facilities to and through the site. At minimum, both Minor and Major Annexations shall include consideration of the following: 1. Sanitary sewer facilities consistent with the City’s Sanitary Sewer Master Plan and Chapter 4.0 - Improvements Required with Development; 2. Water facilities consistent with the City’s Water Master Plan, Chapter 4.0, and fire flow and hydrant placement; 3. Storm drainage facilities and drainageway corridors consistent with the City’s Stormwater Master Plan and chapters 4.0 and 4.5; 4. Transportation facilities consistent with the City’s Transportation Plan and Chapter 4.0; and 5. Park facilities consistent with the City’s Parks Master Plan. d. If the annexation proposal includes areas planned for open space, general community use, or public or semi-public ownerships, the annexation request shall be accompanied by a Comprehensive Plan Map amendment as outlined below: 1. Areas planned for open spaces or future general community use, including planned parks, preserves, and general drainageway corridors, shall be redesignated on the Comprehensive Plan Map as Open Space-Conservation. 2. Existing, proposed, or planned areas of public or semi-public ownership, such as Oregon State University facilities or lands, school sites, City reservoirs, and portions of the Corvallis Municipal Airport, shall be redesignated on the Comprehensive Plan Map as Public Institutional. Such required Comprehensive Plan Map amendments shall be filed by the applicant concurrent with the annexation request, in accordance with Chapter 2.1 - Comprehensive Plan Amendment Procedures. e. The application shall demonstrate compatibility in the following areas, as applicable: 2.6 - 11 LCD December 18, 2000 1. Basic site design (e.g.,the organization of uses on a site and the uses’ relationships to neighboring properties); 2. Visual elements (scale, structural design and form, materials, etc.); 3. Noise attenuation; 4. Odors and emissions; 5. Lighting; 6. Signage; 7. Landscaping for buffering and screening; 8. Transportation facilities; 9. Traffic and offsite parking impacts; 10. Utility infrastructure; 11. Effects on air and water quality (note: a DEQ permit is not sufficient to meet this criterion); 12. Consistency with the applicable development standards, including the applicable pedestrian oriented design standards; 13. Preservation and/or protection of significant natural features and wildlife habitat, consistent with the Comprehensive Plan; and 14. To the maximum extent practicable, grading (cuts and fills) shall be minimized, streets shall be designed along contours, and structures shall be designed to fit the topography of the site. 2.6.30.07 - Methodologies for Some of the Review Criteria in Section 2.6.30.06 All of the provisions within this section are required for Major Annexation proposals except for proposals or portions of proposals that include land with Comprehensive Plan designations of Public Institutional, Open Space-Conservation, or Open Space-Agriculture. Lands with these map designations are exempt from the provisions within “a” and “b” below. Minor Annexation proposals are subject only to the provisions within “c” below. a. Determining 5-Year Supply of Serviceable Land “Serviceable land” is land within the City limits capable of being served by public facilities. 2.6 - 12 LCD December 18, 2000 When calculating a 5-year supply of serviceable land, applicants shall refer to and follow Council Policy #???, called “????????????,” as amended from time to time. This Policy outlines the accepted methodology and will result in more uniform application submittals. Note: These question marks will be removed and filled in with the appropriate language following the Council’s development and adoption of this Council Policy. b. Providing information on land availability to ensure choices in the market place Comprehensive Plan Policy 14.3.6 states that “factors to be considered in evaluating public need for annexation may include...the availability of sufficient land of this type to ensure choices in the market place.” Minor Annexation applications are not required to include information on market choice. However, Major Annexation applications shall provide this information. Appropriate and encouraged market choice topics include, but are not limited to: 1. Information regarding a housing/jobs balance; 2. Housing rental rates and prices; 3. Vacancy rates; and 4. A comparison of housing costs related to incomes, land prices, and land availability. The City does not independently review and verify documentation of this nature. Therefore, an applicant’s market choice arguments shall be developed by a recognized professional in the field. Additionally, the applicant shall identify the methodologies used and the sources of information. The Director will summarize the applicant’s arguments and methodologies in the staff report provided to the hearing authority, and identify them as the applicant’s arguments. The hearing authority shall determine the validity of the arguments based on the information provided by the applicant and on public comments during the public hearing process. The hearing authority shall also determine to what extent these arguments affect the criteria in section 2.6.30.06.b. c. Providing information on community-wide livability indicators and determining compliance with adopted community-wide benchmarks. The City has just begun the process of identifying livability indicators to ultimately assist in the development of community-wide benchmarks. 2.6 - 13 LCD December 18, 2000 Additionally, many of the community-wide livability indicators are not applicable to annexation proposals. Table 2.6-1 provides interim direction to applicants in addressing livability indicator and benchmark criteria. As the community further develops these livability indicators and benchmarks, this section of the Code shall be updated accordingly. 2.6 - 14 LCD December 18, 2000 Table 2.6 - 1 Community-Wide Livability Indicators and Benchmarks for Annexation Proposals The livability indicators and benchmarks in the following table are intended to be balanced and identified as advantages and disadvantages relative to an annexation proposal. Compliance with all benchmarks is not required. However, when balanced and viewed in aggregate, the decision-makers need to find that the advantages to the community outweigh the disadvantages. The number of applicable livability indicators and benchmarks varies, depending on the Comprehensive Plan Map designation(s) of the property involved in the annexation request, as well as whether the annexation is categorized as a Minor Annexation or a Major Annexation. ***For those livability indicators and benchmarks that require distance measurements from an amenity to a proposed annexation site, measurements shall be taken from the average point within the annexation site. Note: The following livability indicators and benchmarks have been placed into the categories of the City’s 2020 Vision Statement. As this categorization is a first attempt based upon the actual wording in the Vision Statement, there may need to be some “re-categorization,” based upon input from citizens and the Council during the public hearing process for this Code Update. LIVABILITY INDICATORS DESCRIPTION OF LIVABILITY INDICATORS BENCHMARKS LAND USE DESIGNATION Minor Annex’n Major Annex’n Livability indicators and benchmarks relating to the Corvallis Vision 2020 Statement category of “Where People Live” Annexation Density Average density of proposed annexation relative to the average density of land within the City that is developed and of the same type (single-family or multi-family). Meet or exceed the average density of land within the City, developed, and of the same type as the proposed annexation (single family or multi-family). Note: Information regarding existing density within the City may be obtained from the City’s annual Land Development Information Report. Residential1 Applies Commercial/ Industrial2 Open Space3 Public Inst. LIVABILITY INDICATORS DESCRIPTION OF LIVABILITY INDICATORS BENCHMARKS LAND USE DESIGNATION Minor Annex’n Major Annex’n 2.6 - 15 LCD December 18, 2000 Rural Development Potential Type of County development that could occur if property not annexed (depends on County land use policies in effect at time of proposed annexation). Development on land within the Urban Growth Boundary is done in a fashion that does not preclude urban-level development on the subject site and/or on adjacent properties within the UGB. Residential1 Applies Applies Commercial/ Industrial2 Applies Applies Open Space3 Applies Applies Public Inst. Applies Applies Adjacency to City Percentage of the perimeter of the annexation site that is enclosed by the City limits. It is considered an advantage if $ 50 percent of the perimeter of an annexation site is enclosed by the City limits. Residential1 Applies Applies Commercial/ Industrial2 Applies Applies Open Space3 Applies Applies Public Inst. Applies Applies Development Plans Concurrent processing of Detailed Development Plan and/or Tentative Subdivision Plat with annexation request. It is not considered a disadvantage and may be considered an advantage if an annexation request is processed concurrently with a Detailed Development Plan and/or Tentative Subdivision Plat, even though such land use decisions may be changed after annexation. Residential1 Applies Applies Commercial/ Industrial2 Applies Applies Open Space3 Applies Applies Public Inst. Applies Applies LIVABILITY INDICATORS DESCRIPTION OF LIVABILITY INDICATORS BENCHMARKS LAND USE DESIGNATION Minor Annex’n Major Annex’n 2.6 - 16 LCD December 18, 2000 Distance to Bicycle and Pedestrian Access Distance to bike lanes. Distance to sidewalk. Distance to multi-use path. 0.5-mile to bike lane. 0.25- mile to sidewalk. 0.5-mile to multi-use path. Residential1 Applies Commercial/ Industrial2 Applies Open Space3 Public Inst. Applies Connectivity & Extension of Bicycle and Pedestrian Facilities It is considered to be an advantage if improvements proposed as part of the annexation request would connect to and extend existing bicycle and pedestrian facilities. Connection to existing pedestrian facilities and extension of them by at least 350 feet; or connection to existing pedestrian facilities and filling a “gap” between existing pedestrian facilities of at least 100 feet. Connection to existing bicycle facilities and extension of them by at least 350 feet; or connection to existing bicycle facilities and filling a “gap” between existing bicycle facilities of at least 100 feet. Residential1 Applies Commercial/ Industrial2 Applies Open Space3 Public Inst. Applies Planned Public Transportation Improvements Type and extent of public transportation improvements (streets, bicycle, pedestrian) that are listed in City master plans and would occur with urban-level development of annexation site. It is considered an advantage if public transportation improvements (streets, bicycle, pedestrian) are installed that are listed in City master plans and would enable other sites within the Urban Growth Boundary to ultimately develop. Residential1 Applies Applies Commercial/ Industrial2 Applies Applies Open Space3 Applies Applies Public Inst. Applies Applies LIVABILITY INDICATORS DESCRIPTION OF LIVABILITY INDICATORS BENCHMARKS LAND USE DESIGNATION Minor Annex’n Major Annex’n 2.6 - 17 LCD December 18, 2000 Distance to Shopping Distance from neighborhood shopping opportunities (both existing and planned). Annexation site is within 0.5-mile of neighborhood shopping opportunities (existing or planned). More advantage associated with shorter distances from existing (as opposed to planned) shopping opportunities and/or location within 0.5-mile from existing shopping opportunities. Residential1 Applies Commercial/ Industrial2 Applies Open Space3 Public Inst. Applies Affordable Housing It is considered an advantage if more than 50 percent of the residential housing units being proposed as part of the annexation request are classified as “affordable housing” using the definition within Chapter 1.6 of the Code. To be developed as part of a future Code Update phase. Residential1 Applies Commercial/ Industrial2 Open Space3 Public Inst. Livability indicators and benchmarks relating to the Corvallis Vision 2020 Statement category of “Economic Vitality” Employment/ Housing Balance of jobs and housing. To be developed following completion of regional studies. Residential1 Applies Commercial/ Industrial2 Applies Open Space3 Public Inst. Applies LIVABILITY INDICATORS DESCRIPTION OF LIVABILITY INDICATORS BENCHMARKS LAND USE DESIGNATION Minor Annex’n Major Annex’n 2.6 - 18 LCD December 18, 2000 Economic Diversification It is considered to be an advantage if the annexation request supports diversity in type, scale, and location of professional, industrial, and commercial activities to maintain a low unemployment rate and to promote diversification of the local economy. To be developed as part of a future Code Update phase. Residential1 Commercial/ Industrial2 Applies Open Space3 Public Inst. Livability indicators and benchmarks relating to the Corvallis Vision 2020 Statement category of “Protecting our Environment” Natural Features Acres and percentage of annexation site with significant natural features. (It is considered to be an advantage if significant natural features are protected through annexation. For example, incorporation of heavily treed hillsides might be better protected within the City.) Prior to establishing a benchmark, monitor results and conduct a future phase of the Code Update to address the new Comprehensive Plan policies regarding significant natural features. Residential1 Applies Applies Commercial/ Industrial2 Applies Applies Open Space3 Applies Applies Public Inst. Applies Applies Distance to Transit Distance from an existing transit line and/or bus stop. Annexation site is within 0.5-mile of an existing transit line and/or bus stop. Residential1 Applies Applies Commercial/ Industrial2 Applies Applies Open Space3 Public Inst. Applies Applies LIVABILITY INDICATORS DESCRIPTION OF LIVABILITY INDICATORS BENCHMARKS LAND USE DESIGNATION Minor Annex’n Major Annex’n 2.6 - 19 LCD December 18, 2000 Distance to Major Street Distance to nearest collector and/or arterial street(s) that would serve the proposed annexation site and is fully improved to City standards or is improved to City standards with regard to bicycle and pedestrian facilities. Distance to nearest collector and/or arterial street(s) that would serve the proposed annexation site is # 0.25-mile and is either fully improved to City standards or is improved to City standards with regard to bicycle and pedestrian facilities. Residential1 Applies Commercial/ Industrial2 Applies Open Space3 Applies Public Inst. Applies Intersection Load Levels of service for intersections of arterial and/or collector streets (as determined by the City’s Traffic Engineer) within a 1-mile radius of the site. Levels of service for impacted intersections of arterial and/or collector streets affected by the proposal (as determined by the City’s Traffic Engineer) generally within a 1-mile radius of the site will be a level of service “D” or better, following urban level development of the annexation site. Residential1 Applies Commercial/ Industrial2 Applies Open Space3 Public Inst. Applies Truck Traffic Routes Determination of truck traffic route(s). Truck traffic associated with urban level development of the proposed annexation will not result in primary travel routes on local (or local connector) streets through residential neighborhoods. Residential1 Commercial/ Industrial2 Applies Open Space3 Public Inst. Applies LIVABILITY INDICATORS DESCRIPTION OF LIVABILITY INDICATORS BENCHMARKS LAND USE DESIGNATION Minor Annex’n Major Annex’n 2.6 - 20 LCD December 18, 2000 Livability indicators and benchmarks relating to the Corvallis Vision 2020 Statement category of “Education and Human Services” Local School Capacity/Travel Distance Student enrollment, capacity, and average class size of public schools to serve the annexation site. Distance to public elementary school. Public schools that would serve the annexation site are not overcrowded. Corvallis School District goals for average class sizes may vary among grades.* 0.5-mile to public elementary school *Note: School District policies (re: boundaries- closest schools or additional schools), factor into potential redefinition of school boundaries. Residential1 Applies Applies Commercial/ Industrial2 Open Space3 Public Inst. Applies Police Response Time Number of police officers per 1,000 persons residing within the city limits. At least 1.2 officers per 1,000 persons residing within the city limits. Residential1 Applies Applies Commercial/ Industrial2 Applies Applies Open Space3 Public Inst. Applies Applies Distance from Fire Station Distance from an existing fire station. All buildable portions of the annexation site are within 1.5 miles of a fire station with an engine company. Residential1 Applies Applies Commercial/ Industrial2 Applies Applies Open Space3 Public Inst. Applies Applies LIVABILITY INDICATORS DESCRIPTION OF LIVABILITY INDICATORS BENCHMARKS LAND USE DESIGNATION Minor Annex’n Major Annex’n 2.6 - 21 LCD December 18, 2000 Public Improvements Type and extent of public improvements developed to City standards and urban-level development (e.g., clustered housing, etc.) existing on the proposed annexation site. Annexation of partially developed land within the Urban Growth Boundary (UGB) that already contains some public improvements developed to City standards, and urban- level development on part of the site, is considered more advantageous to the City than annexation of undeveloped land. Residential1 Applies Applies Commercial/ Industrial2 Applies Applies Open Space3 Applies Applies Public Inst. Applies Applies Distance to Sewer and Water Distance to adequately sized public sanitary sewer and water lines that are needed to serve the site. Sanitary sewer and water facilities are proximate to the annexation site. City to monitor for awhile before a decision is made as to whether or not it is appropriate to specify a distance. Residential1 Applies Applies Commercial/ Industrial2 Applies Applies Open Space3 Public Inst. Applies Applies Planned Public Utilities Types and extent of public utility improvements (sanitary sewer, water, storm drainage) that are listed in City master plans and would occur with urban-level development of the annexation site. It is considered an advantage if the installation of public utilities (sanitary sewer, water, storm drainage) listed in City master plans would enable other sites within the Urban Growth Boundary to ultimately develop. Residential1 Applies Applies Commercial/ Industrial2 Applies Applies Open Space3 Applies Applies Public Inst. Applies Applies LIVABILITY INDICATORS DESCRIPTION OF LIVABILITY INDICATORS BENCHMARKS LAND USE DESIGNATION Minor Annex’n Major Annex’n 2.6 - 22 LCD December 18, 2000 Livability indicators and benchmarks relating to the Corvallis Vision 2020 Statement category of “Cultural Enrichment and Recreation” Distance to Parks Distance from an existing public park. Annexation site is within 0.5--mile of an existing public park. Residential1 Applies Applies Commercial/ Industrial2 Open Space3 Public Inst. Applies Livability indicators and benchmarks relating to the Corvallis Vision 2020 Statement category of “Central City” Distance to Downtown Distance of the annexation from the Central Business Zone intersection of SW 3rd Street and SW Monroe Avenue. It is considered an advantage if an annexation site is within 3.8 miles from the intersection of SW 3rd Street and SW Monroe Avenue, within the boundaries of the Central Business Zone. Residential1 Applies Applies Commercial/ Industrial2 Applies Applies Open Space3 Public Inst. Applies Applies 1. Includes lands with a Comprehensive Plan Map designation of Low, Medium, Medium High, or High Density Residential, Mixed Use Residential, or Intensive Development Sector (IDS listed in both “residential” and “commercial/industrial”) 2. Includes lands with a Comprehensive Plan Map designation of Mixed Use Commercial, Professional Office, Central Business Zone, Limited Industrial, Limited Industrial-Office, Mixed Use Employment, General Industrial, Intensive Industrial, Mixed Use Transitional, Research Technology, or Intensive Development Sector (IDS listed in both ‘residential” and “commercial/industrial”) 3. Includes lands with a Comprehensive Plan Map designation of Open Space-Conservation and Open Space-Agriculture 2.6 - 23 LCD December 18, 2000 2.6.30.08 - Action by the Planning Commission The Planning Commission shall conduct a public hearing in accordance with Chapter 2.0 - Public Hearings to evaluate the proposed annexation and determine the appropriate zoning designation upon annexation. Following the close of the public hearing, the Planning Commission shall establish the appropriate zone(s) upon annexation and forward its recommendation concerning the annexation to the City Council. 2.6.30.09 - Notice of Disposition The Director shall provide the applicant with a notice of disposition in accordance with Chapter 2.0 - Public Hearings that includes a written statement of the Planning Commission's decision regarding the zoning designation, a reference to findings leading to it, and the appeal period deadline. The notice of disposition shall also include the Planning Commission’s recommendation to the City Council regarding the annexation. The notice of disposition shall also be mailed to persons who presented oral or written testimony at the public hearing. 2.6.30.10 - Appeals The decision of the Planning Commission may be appealed in accordance with Chapter 2.19 - Appeals. 2.6.30.11 - Effective Date of Zoning Designation Unless an appeal has been filed, the decision of the Planning Commission regarding establishment of the zoning designation shall become effective 12 days after the notice of disposition is signed. If the annexation is not forwarded to the voters by the City Council, or the electorate does not approve the annexation, then the newly established zoning designation shall become null and void. 2.6.30.12 - Action by the City Council Upon receipt of the Planning Commission's recommendation, the proposed annexation shall be set for a public hearing before the City Council in accordance with Chapter 2.0 - Public Hearings. The Council shall review all proposals in time to comply with County or State deadlines for submitting measures to the voters in May or November. The Council shall set an annexation for election only when it finds that the annexation is consistent with the review criteria in section 2.6.30.06. 2.6 - 24 LCD December 18, 2000 Note: The City Council's decision to submit an annexation to the electorate is the last discretionary decision in the process. Certifying the election after votes are counted is not a discretionary decision. 2.6.30.13 - Public Information Public information for each annexation scheduled for an election shall be reviewed by the Council and published in a newspaper of general circulation in the City at least 10 days before the election, and coordinated with the date that the ballots are mailed. The information shall include a summary of the key components and positive and negative effects of the annexation, that the Council used in making its decision to place the annexation request on the ballot. The information shall also state that staff reports are available from the Planning Division. Section 2.6.40 - EXCEPTIONS The City Council may authorize an exception to the requirements of this chapter involving filing fees and deadlines, and application requirements. An exception to these provisions shall require a favorable vote of the Council. Unless required by State law, the City Council shall not provide an exception to the requirement of voter approval. 2.6 - 25 LCD December 18, 2000 2.7 - 1 LDC December 18, 2000 CHAPTER 2.7 EXTENSION OF SERVICES OUTSIDE THE CITY LIMITS Section 2.7.10 - BACKGROUND The process of annexing land to the City allows for the orderly expansion of the City and efficient, economical provision of public services and facilities. City Charter Section 51 allows extension of services outside the City limits only after a City Council public hearing and adoption of an ordinance approving the extension. This chapter contains criteria and procedures for use in considering extension of service requests. "Services" refer to City sanitary and storm sewer and water services. Section 2.7.20 - PURPOSES Review procedures for extension of services have been established to do the following a. Implement City Charter Section 51; b. Ensure that any extension of services complies with the Comprehensive Plan and other applicable City standards and policies; c. Reaffirm the City's policy that annexation is the principal method of urbanization; and d. Expedite provision of services needed to alleviate an identified health hazard. Section 2.7.30 - ELIGIBILITY FOR EXTENSION OF SERVICES City water or sanitary and storm sewer services may be extended outside the City limits only if the City Council finds that all of the following conditions exist: a. The property is within the City's Urban Growth Boundary; b. Service extension will not promote development of property in a manner inconsistent with the City's Comprehensive Plan; c. A health hazard exists on the subject property and extending City services is the most reasonable method of alleviating the health hazard; and d. The site cannot be annexed at this time or the annexation has been approved but has not yet taken effect. 2.7 - 2 LDC December 18, 2000 Section 2.7.40 - EXCEPTIONS TO ELIGIBILITY OF EXTENSION The following are exceptions to section 2.7.30: a. Properties with a written commitment of service on record prior to passage of City Charter Section 51, obligating the City to furnish services outside the City limits; and b. Provision of water to the City of Philomath pursuant to contractual agreements. Section 2.7.50 - PROCEDURES Extension of service requests under section 2.7.30 shall be initiated and reviewed in ac- cordance with the following procedures. 2.7.50.01 - Initiation of Request An extension of services request may be initiated by either: a. An application submitted by the property owner(s) or their authorized agent(s); or b. A majority vote of the City Council. 2.7.50.02 - Application Requirements An application for extension of services under the provisions of section 2.7.30 shall include the items listed below. When the Director deems any requirement below unnecessary for proper evaluation of a proposed extension of services application, it may be waived. a. Consent to annexation in a form suitable for recording with the Benton County Recorder and that meets the approval of the City Attorney; b. Map of the area to be serviced, showing the relationship of the property to the Corvallis City limits and the Corvallis Urban Growth Boundary; c. Legal description of the property to be serviced and a boundary survey certified by a registered surveyor; d. Site plan indicating types and intensities of existing and proposed development, watercourses, significant natural features, and adjoining development; e. Statement of the availability, capacity, and condition of existing water and sewer services; 2.7 - 3 LDC December 18, 2000 f. Statement indicating type and capacity of the proposed services and intended phasing of such services; g. Statement outlining the method and source of financing for proposed services; h. Statement from the Benton County Division of Environmental Health, the City Engineer, or the Oregon State Health Division declaring the specific nature and extent of the health hazard; i. Statement explaining why the subject property should not be annexed prior to the extension of services; j. Statement committing all service facilities required by the subject property to be built to City standards; and k. Brief narrative addressing compliance of the development with the Comprehensive Plan. 2.7.50.03 - Acceptance of Application a. The Director shall review the application in accordance with Chapter 2.0 - Public Hearings. b. After accepting a complete application, the Director shall schedule a public hearing to be held by the Planning Commission. Notice of the hearing shall be provided in accordance with Chapter 2.0 - Public Hearings. c. Any revisions to an accepted application that result in the need for an additional public notice to be mailed shall be regarded as a new application. Such new application shall require additional filing fees and rescheduling of the required public hearing. 2.7.50.04 - Staff Evaluation The Director shall prepare a report that evaluates whether the proposal complies with the review criteria below. The report shall include a recommendation for approval or denial. 2.7.50.05 - Review Criteria Requests for extension of services outside the City limits shall be reviewed to ensure consistency with the purposes of this chapter, eligibility requirements in section 2.7.30, policies of the Comprehensive Plan, and other applicable policies and standards adopted by the City Council. 2.7 - 4 LDC December 18, 2000 2.7.50.06 - Action by the Planning Commission The Planning Commission shall conduct a public hearing in accordance with Chapter 2.0 - Public Hearings. Following the close of the public hearing, the Commission shall make a recommendation to the City Council concerning the request. The Commission's recommendation shall include findings that specify how the proposal has or has not complied with the above review criteria. 2.7.50.07 - Action by the City Council Upon receipt of the Planning Commission's recommendation, the matter shall be set for a public hearing before the City Council in accordance with Chapter 2.0 - Public Hearings. Following the close of the public hearing, the City Council shall either deny the application or adopt an ordinance conditionally approving the extension of services. The Council's decision shall include findings that specify how the proposal has or has not complied with the above review criteria. 2.7.50.08 - Conditions of Approval Any ordinance for extension of services shall specify or limit uses. In addition, the ordinance shall include appropriate conditions, including the following: a. Extended City services shall be constructed in compliance with the City's adopted facility master plans; b. Extended City services shall be constructed in compliance with applicable City standards, regulations, and policies; and c. A nonremonstrance agreement for construction of municipal facilities shall be filed with the City Recorder. 2.7.50.09 - Notice of Disposition The Director shall provide the applicant with a notice of disposition in accordance with Chapter 2.0 - Public Hearings. The notice shall include a written statement of the hearing authority's decision, a reference to findings leading to it, any conditions of approval, and the appeal period deadline. The notice shall also be mailed to persons who presented oral or written testimony at the public hearing. 2.7.50.10 - Effective Date The extension of service ordinance shall become effective 30 days after its passage by the Council and approval by the Mayor. 2.7 - 5 LDC December 18, 2000 Section 2.7.60 - ENFORCEMENT In addition to the penalties listed in Chapter 1.3 - Enforcement, a violation of the provisions of this chapter may result in the City terminating sewer and/or water services to the subject property. 2.8 - 1 LDC December 18, 2000 CHAPTER 2.8 VACATING OF PUBLIC LANDS AND PLATS Section 2.8.10 - BACKGROUND Petitions to vacate all or parts of a public street, alley, easement, plat, or other public place may be granted by the City Council if determined not to be harmful to the City or adjacent properties. Section 2.8.20 - EXEMPTIONS Notwithstanding other provisions of the Code, exemptions from this chapter include: a. The release of public easements for subsurface water, sanitary sewer, and storm drainage lines owned and operated by the City; and b. Public Utility Easements (PUEs) for franchise utilities operating within the City’s corporate limits that are no longer necessary to serve surrounding properties, as determined by the City Engineer. The City does not consider PUEs to be public places for the purposes of ORS 271. Vacating of City utility easements and PUEs may be initiated by City staff or private parties. It shall be the responsibility of the initiator to do the following: 1. Obtain a statement from all owners of property adjacent to the proposed vacating of a water, sanitary sewer, or storm drainage easement, verifying that they have been notified and do not oppose it; 2. Obtain a statement from all franchise utilities licensed by the City verifying that they have been notified of the proposed vacating of the PUE and do not oppose it; 3. Provide a completed easement release form for signature by the City Manager; and 4. Record the easement release and provide the City a copy of the recorded document. Section 2.8.30 - PURPOSES The procedures and review criteria established in this chapter are used for vacating public lands and plats for the following purposes: a. Permit vacating of public lands not needed for municipal purposes where consistent with the community land use policies and goals; 2.8 - 2 LDC December 18, 2000 b. Permit private ownership of public land where the proposed use of the lands promotes the public welfare; or c. Permit vacating of all or part of undeveloped plats. Section 2.8.40 - PROCEDURES 2.8.40.01 - Initiation of Request Initiation of the request to vacate a public land or plat may be accomplished by one of the following ways: a. Filing of an application in accordance with the provisions of this chapter and ORS 271; or b. A majority vote of the City Council. 2.8.40.02 - Application Requirements a. Applications submitted by property owners shall be made on forms provided by the Director and shall be accompanied by a map of the area proposed to be vacated and other information necessary for an adequate review. b. At the time the application to vacate public land is submitted, the person(s) filing the application shall submit letter(s) of consent from affected property owners. For purposes of this Code and in compliance with ORS 271.080, affected property owners shall be defined as follows: 1. All abutting property owners; 2. Owners of at least two-thirds of the real property associated with the vacation. Real property is the land surrounding the street or street portion to be vacated, including: (a) Land extending laterally to the next street serving as a parallel street, up to a maximum of 200 ft.; and (b) Land extending a distance of 400 ft. from the ends of the area to be vacated. 2.8 - 3 LDC December 18, 2000 The following graphic illustrates real property. Next parallel street Notify prop. owners within 400 ft. ‡ Notify prop. owners within a max. of 200 ft. Notify abutting property owners Notify prop. owners within 400 ft. ” Notify prop. owners within 400 ft. ‡ Notify abutting property owners Notify prop. owners within a max. of 200 ft. Notify prop. owners within 400 ft. ” Next parallel street 3. When vacating part or all of a plat, consent of the owners of at least two-thirds of the land included in the proposed vacation is required. An exception to this provision shall occur where the vacation includes a street, in which case the requirements in "2" above apply. c. Consent of affected property owners shall be submitted in writing, notarized, and duly acknowledged by the Director prior to scheduling of a public hearing for the requested vacation. d. At the discretion of the City Engineer, the applicant may be required to remove or abandon utility connections prior to final approval. 2.8.40.03 - Acceptance of Application a. The Director shall review the application in accordance with Chapter 2.0 - Public Hearings and ORS 271. After accepting a completed application, the Director shall schedule a public hearing to be held by the City Council. b. Any revisions to an accepted application that result in the need for an additional public notice to be mailed shall be regarded as a new application. Such new application shall require additional filing fees and rescheduling of the required public hearing. 2.8.40.04 - Notice of the Public Hearing Notice of the public hearing shall be provided in accordance with Chapter 2.0 - Public Hearings and ORS 271.110. 2.8 - 4 LDC December 18, 2000 2.8.40.05 - Staff Evaluation The Director shall prepare a report that evaluates whether the proposal complies with the review criteria below. The report shall include a recommendation for approval or denial. 2.8.40.06 - Review Criteria A vacation may be approved if the City Council finds that the request meets the following criteria: a. Is consistent with the purposes of this chapter, policies of the Comprehensive Plan, and any other applicable policies and standards adopted by the City Council; b. Will not negatively affect access between public rights-of-way or existing properties, potential lots, or public facilities/utilities; c. Will not negatively affect existing or future transportation circulation or emergency service protection; and d. Will serve the present and future public interest. 2.8.40.07 - Action by the City Council A public hearing shall be conducted by the City Council in accordance with Chapter 2.0 - Public Hearings and ORS Chapter 271. Following the close of the public hearing, the City Council shall approve, conditionally approve, or deny the requested vacation. In the case of vacated plats, the Council shall not pass any ordinance for the vacation of all or part of the plat until the City Recording Officer has verified that all City liens and taxes have been paid. Unless the City Council directs a method by which the City provides for paying damages, no street area shall be vacated without the consent of owners of abutting properties if the vacating would substantially affect the market value of these properties. Provisions for paying such damages may be made by a local assessment or in another manner as provided by the City charter. Two or more streets, alleys, avenues, and boulevards, or parts thereof, may be addressed in one proceeding provided they intersect or are adjacent and parallel to each other. 2.8.40.08 - Notice of Disposition The Director shall provide the applicant with a notice of disposition in accordance with Chapter 2.0 - Public Hearings. The notice shall include a written statement of the City Council's decision, reference to findings leading to it, any conditions of 2.8 - 5 LDC December 18, 2000 approval, and the appeal period deadline. The notice of disposition shall also be mailed to all persons who presented oral or written testimony at the public hearing. 2.8.40.09 - Effective Date The effective date of the vacating shall be the effective date in the signed ordinance vacating the property. 2.8.40.10 - Existing Service Connections If the City Engineer determines that existing public utilities or service connections are not required for the proposed vacated land, they shall be removed prior to final action by the City Council. Section 2.8.50 - VACATION RECORDS TO BE FILED The City shall file with the County Recorder a certified copy of the ordinance and any other legally required document vacating any street or plat. The applicant shall bear the cost of recording, preparing, and filing the certified copy of the ordinance and map. The City shall then file with the County Assessor and County Surveyor certified copy of the ordinance. 2.9-1 LDC December 18, 2000 CHAPTER 2.9 HISTORIC PRESERVATION PROVISIONS Section 2.9.10 - BACKGROUND The Historic Preservation Overlay (HPO) is an overlay zone applied to properties listed on either the Corvallis Register of Historic Landmarks and Districts (Local Register), or the National Register of Historic Places (National Register). All development within the HPO Zone is subject to the standards herein. These provisions are in compliance with the Statewide Planning Goals and Chapter 3.31 - Historic Preservation Overlay (HPO) Zone. Uses permitted in the HPO Zone are the same as in the underlying zone. Section 2.9.20 - PURPOSES The purposes of the Historic Preservation Overlay are as follows: a. Implement historic and cultural resource policies of the Comprehensive Plan; b. Encourage the preservation, rehabilitation, and adaptive use of sites and structures that are representative of Corvallis' history, and architectural and cultural heritage; c. Provide a process for review of exterior modifications proposed for any site or structure listed on the Corvallis Register of Historic Landmarks and Districts; d. Provide a process for adding significant historic sites, structures, features, or objects to the Corvallis Register of Historic Landmarks and Districts; and e. Provide a process for review of new construction proposed for any site within a historic district. Section 2.9.30 - PROCEDURES FOR ESTABLISHMENT OF A HISTORIC PRESERVATION OVERLAY ZONE DESIGNATION The Historic Preservation Overlay Zone may be requested for a site, structure, landmark or historic district. Establishment of the overlay zone occurs in the following ways: a. Corvallis Register of Historic Landmarks and Districts (Local Register) - Establishment of an HPO at the local level requires property owner concurrence, review by the Historic Preservation Advisory Board, and approval by the Land Development Hearings Board. Resources approved by the Land Development Hearings Board receive an HPO designation. b. National Register of Historic Places (National Register) - Establishment of an HPO may be conducted through the federal procedures for listing resources on the 2.9-2 LDC December 18, 2000 National Register of Historic Places. Resources listed on the National Register receive an HPO designation. At the time an HPO is designated, the property is added to the Corvallis Register of Historic Landmarks and Districts. Properties with an HPO designation are subject to the provisions in this chapter. 2.9.30.01 - Initiation of Application An application for a Historic Preservation Overlay may be initiated by the Historic Preservation Advisory Board, Planning Commission, City Council, property owner, or any interested person who submits a complete application for designation. 2.9.30.02 - Application Requirements The following application process shall be followed for a historic landmark or district designation. An application shall be made on forms provided by the Director and shall include the following: a. Applicant's name and address; b. Owner's name and address, if different from applicant's; c. Address of the proposed landmark or site, or a written description of boundaries of the proposed district, including tax assessor map and tax lot numbers; d. Map illustrating boundaries of the proposed district or location of the proposed landmark; e. Statement explaining the following: 1. Reasons why the proposed district or landmark should be designated; 2. Reasons why the boundaries of a proposed district, if applicable, are appropriate for designation; and 3. Potential positive and negative effects, if any, that designation of a proposed district or landmark would have on residents and property owners in the area. f. Black and white photograph of the proposed landmark or of each property within a proposed district (5- by 7-in. or 8- by 10-in. glossy); 2.9-3 LDC December 18, 2000 g. Color slide transparencies showing front and side views of the proposed landmark or sufficient slides to illustrate properties and significant features within a proposed district; and h. Any other information deemed necessary by the Director. 2.9.30.03 - Acceptance of Application The Director shall review the application for compliance with the application requirements in section 2.9.30.02. If the application is incomplete, the Director shall notify the applicant within 14 days and state what information is needed to make the application complete. The applicant shall have 10 days in which to submit additional materials. 2.9.30.04 - Review Criteria for Historic Designation The structure, site, landscape feature, or district may be designated historic upon consideration of the following: a. To establish integrity of location, design, setting, materials, or workmanship, the applicant must demonstrate that the resource either partially fulfills all of the following criteria or totally fulfills two or more of the criteria: 1. The resource is in its original location and remains essentially as originally constructed or fabricated, or is in the location in which it made a historical contribution; 2. Sufficient original workmanship and material remain to show the construction technique and stylistic character of a given period; 3. The immediate setting of the resource retains land uses or landscaping consistent with the relevant historic period; 4. The resource contributes materially to the architectural continuity or scheme of the street or neighborhood; and/or 5. The site contains artifacts related to prehistory or early history of the community. b. To establish that the proposed landmark or district has historic significance or contributes to the historical and cultural resources of the community, the applicant must show that at least one of the following applies to the proposed historic resource: 1. It is associated with events that have made a significant contribution to the broad patterns of political, economic, cultural, or industrial history of the City, County, State, or nation; 2.9-4 LDC December 18, 2000 2. It is associated with the life or activities of a person, group, organization, or institution that has made a significant contribution to the City, County, State, or nation in the past; 3. It embodies distinctive characteristics of a type, period, or method of construction used in the past. The property may be a prime example of an architectural style or design, or may represent a type of construction that was once common and is now one of few remaining examples; 4. It represents the work of a master, i.e., it is a noteworthy example of the work of a craftsman, builder, architect, or engineer significant in City, County, State, or national history; 5. It possesses high artistic values in its workmanship or materials; 6. It yields or is likely to yield information important in the community’s prehistory or history; 7. It is a visual landmark; 8. It contributes to the continuity or historic character of the street, neighborhood, and/or community; or contributes to the integrity of the historic period represented; or 9. It is 50 years old or older and meets at least one criterion listed above. c. If a resource is found to be historically significant through applying the criteria in "a" and "b" above, then the Historic Preservation Advisory Board shall determine whether the value of preserving the historic resource outweighs the value of other uses permitted in the district. 2.9.30.05 - Review by the Historic Preservation Advisory Board a. Upon acceptance of a complete application for a Historic Preservation Overlay Zone, the Director shall schedule a public meeting to be held by the Historic Preservation Advisory Board. Notice of this meeting shall be published in a newspaper of general circulation at least 20 days in advance. b. The applicant, property owner, and any other interested parties shall have the opportunity to present information pertaining to the HPO Zone request. c. Unless the applicant agrees to continue proceedings to the next scheduled meeting of the Historic Preservation Advisory Board, the Advisory Board shall complete its review at the meeting and make a written recommendation that the application be approved, approved subject to 2.9-5 LDC December 18, 2000 conditions, disapproved, or postponed pending additional specific information. d. The Historic Preservation Advisory Board's written recommendation shall include findings and criteria used in reaching their decision. The written recommendation shall be forwarded to the Director and the Land Development Hearings Board within seven days of the Advisory Board's meeting. 2.9.30.06 - Action by the Land Development Hearings Board a. Upon receipt of the Advisory Board's recommendation, the Land Development Hearings Board shall hold a public hearing on the application. The quasi-judicial hearing procedures and notice requirements in Chapter 2.0 - Public Hearings shall apply. b. Based on applicable criteria, staff comments, property owner's comments, and public testimony, the Land Development Hearings Board shall approve the HPO Zone subject to conditions or modifications, deny it, or remand the matter to the Historic Preservation Advisory Board for consideration of additional specific information. Section 2.9.40 - PROCEDURES FOR ALTERATION OF A HISTORIC RESOURCE AND CONSTRUCTION OF NEW STRUCTURES OF 120 SQ. FT. OR LESS Approval is required for alteration of the exterior appearance of any structure listed on the Local Register and/or the National Register (even if no building permit is required by the Building Official). “Exterior appearance” includes a structure’s facade, texture, design, material, and fixtures. Alteration involves replacement of these elements, including windows and doors, with dissimilar styles or materials. Approval is required for construction of new structures of less than 120 sq. ft. on properties with a Historic Preservation Overlay. Nothing in this section shall be construed as preventing the ordinary maintenance or repair of any exterior architectural feature in or on any property covered by this section (including painting) that does not involve a change in design, material, or exterior appearance. These provisions shall not prevent construction, reconstruction, alteration, or restoration of any such feature when the City Engineer, Building Official, or Fire Marshal determines that such an emergency action is required for the public safety due to an unsafe or dangerous condition. Prior to such emergency action, the chair of the Historic Preservation Advisory Board shall be notified. 2.9.40.01 - Initiation of Application 2.9-6 LDC December 18, 2000 A property owner may initiate an application for altering a historic structure. 2.9.40.02 - Application Requirements For consideration of an alteration of a historic structure, the applicant shall provide the Director with a narrative and a description of the construction plans in detail sufficient to allow for a review of the proposal. 2.9.40.03 - Acceptance of Application The Director shall review the application for compliance with the application requirements in 2.9.40.02. If the application is incomplete, the Director shall notify the applicant within 14 days and state what information is needed to make the application complete. The applicant shall have 10 days in which to submit additional materials. 2.9.40.04 - Review Determination All historic resources not within a historic district shall be reviewed in the manner outlined in “a” below. Properties within a historic district shall be reviewed in the manner outlined in “b” below. To determine whether a historic resource in a historic district is contributing, historic noncontributing, or noncontributing, the Director shall refer to the historical inventories for each property. The Director shall evaluate each application to determine the type of alteration and level of review required. The following criteria shall be used in determining how each application is reviewed. a. Individual Historic Resources 1. Exterior alterations involving replacement of similar or like materials, or alterations that restore the historical integrity, shall be reviewed administratively by the Director. 2. Exterior alterations involving replacement with dissimilar materials and any new construction shall be reviewed by the Historic Preservation Advisory Board. b. Properties within a Historic District 1. Historic resources within a historic district have been evaluated and divided into three classifications: Historic/Contributing, Historic/Noncontributing, and Nonhistoric/Noncontributing. Historic resources are at least 50 years old; nonhistoric resources are under 50 years old. Contributing resources have retained a sufficient amount of integrity to convey historic appearance and significance. Noncontributing resources are 50 years of age or older, but have been altered to the point of compromising historic integrity. 2.9-7 LDC December 18, 2000 2. For Nonhistoric/Noncontributing Resources (a) Exterior alterations involving replacement of similar or like materials shall be reviewed administratively by the Director. (b) Exterior alterations involving replacement with dissimilar materials or any new construction (less than 120 sq. ft.) that is not visible from a public right-of-way shall be exempt from review. (c) Exterior alterations involving replacement with dissimilar materials or any new construction (less than 120 sq. ft.) that is visible from a public right-of-way shall be reviewed administratively by the Director. The site shall be posted with a notice of the proposed request 14 days prior to the date of the Director’s final decision. 3. For Historic/Noncontributing Resources (a) Exterior alterations involving replacement of similar or like materials, or alterations that restore the historical integrity, shall be reviewed administratively by the Director. (b) Exterior alterations involving replacement with dissimilar materials or any new construction (less than 120 sq. ft.) shall be reviewed administratively by the Director. The site shall be posted with a notice of the proposed request 14 days prior to the date of the Director’s final decision. 4. For Historic/Contributing Resources (a) Exterior alterations involving replacement of similar or like materials, or alterations that restore the historical integrity, shall be reviewed administratively by the Director. (b) Exterior alterations involving replacement with dissimilar materials or any new construction shall be reviewed by the Historic Preservation Advisory Board. In addition, the site shall be posted with a notice and surrounding property owners shall be notified of the alteration request as per section 2.9.40.07 below. 2.9.40.05 - Review Criteria for Alteration Review An application request shall be based upon the following criteria: a. Consistency with the purposes of this chapter and the Comprehensive Plan; 2.9-8 LDC December 18, 2000 b. The Secretary of the Interior's Standards for Rehabilitation, U.S. Department of the Interior; c. Building Code, as adopted and amended by the State of Oregon, with particular reference to Section 3110-3113; and d. Other applicable State and local codes and ordinances related to building, fire, health, and safety. 2.9.40.06 - Review by the Director The Director’s decision shall be made in writing within 45 days from the date the application is deemed complete, and shall specify reasons relied upon in rendering the recommendation. 2.9.40.07 - Review by the Historic Preservation Advisory Board a. The Director shall schedule a public meeting to be held by the Historic Preservation Advisory Board upon acceptance of a complete application for alteration of a historic resource. The Historic Preservation Advisory Board shall hold a public meeting to review the request within 45 days from the date the application is deemed complete. The Director shall post the site with a notice of the proposed request, and provide written notice to the owners and occupants of all properties within 100 ft. of the subject property, advising them that they have 14 days to comment on the application. Notice shall also be provided to any neighborhood or community organization recognized by the City and whose boundaries include or are adjacent to the site. b. The applicant, property owner, and any other interested parties shall have the opportunity to present information pertaining to the alteration request. Unless the applicant agrees to continue the proceedings to the next scheduled meeting of the Historic Preservation Advisory Board, the Advisory Board shall complete its review and recommend approval or denial of the request to the Director. c. The Historic Preservation Advisory Board’s recommendation shall be transmitted to the Director within three days after the Advisory Board’s review. The recommendation shall be made in writing, and shall specify reasons relied upon in rendering the recommendation. 2.9.40.08 - Action by the Director Based on the review criteria, recommendation of the Historic Preservation Advisory Board, and comments received from affected parties, within three days the Director shall approve, conditionally approve, or deny the request. 2.9-9 LDC December 18, 2000 Section 2.9.50 - PROCEDURES FOR NEW CONSTRUCTION OVER 120 SQ. FT. This section addresses the exterior appearance of new construction to ensure its compatibility with the character of the district or individual resources. Approval is required for new construction over 120 sq. ft. in historic districts. These provisions shall not prevent construction within an HPO Zone when the City Engineer, Building Official, or Fire Marshal determines that such an emergency action is required for the public safety due to an unsafe or dangerous condition. Prior to such emergency action, the chair of the Historic Preservation Advisory Board shall be notified. 2.9.50.01 - Initiation of Application A property owner may initiate an application for new construction of over 120 sq. ft. in an HPO Zone. 2.9.50.02 - Application Requirements For consideration of new construction in HPO zones, the applicant shall provide the Director with the following information: a. A site plan showing the location of structures, setback dimensions, the location of driveways and landscaped areas, and the general location of structures on adjacent lots; b. Elevations sufficient in detail to show the general scale, mass, building materials, and architectural elements of the proposed structure; and c. A brief narrative describing the proposed project. 2.9.50.03 - Acceptance of Application The Director shall review the application for compliance with the application requirements in section 2.9.50.02. If the application is incomplete, the Director shall notify the applicant within 14 days and state what information is needed to make the application complete. The applicant shall have 10 days in which to submit additional materials. 2.9.50.04 - Review Criteria for New Construction The application review shall be based upon the following criteria: 2.9-10 LDC December 18, 2000 a. The new construction maintains unifying development patterns, such as sidewalk and street tree locations, setbacks, lot coverage, and orientation to the street; b. The structure is consistent with the size and scale of surrounding contributing buildings and reflects their architectural elements; c. Building materials reflect and complement existing contributing buildings within the district or on the same individual site; and d. Signs, exterior lighting, and other appurtenances, such as walls, fences, awnings, and landscaping, are visually compatible with the architectural character of the surrounding contributing buildings. 2.9.50.05 - Review by the Historic Preservation Advisory Board a. The Historic Preservation Advisory Board shall hold a public meeting to review the request within 45 days from the date the application is deemed complete. The Director shall post the site with a notice of the proposed request, and provide written notice to the owners and occupants of all properties within 100 ft. of the subject property, advising them that they have 14 days to comment on the application. Notice shall also be provided to any neighborhood or community organization recognized by the City and whose boundaries include or are adjacent to the site. b. The applicant, property owner, and any other interested parties shall have the opportunity to present information pertaining to the construction request. Unless the applicant agrees to continue the proceedings to the next scheduled meeting of the Historic Preservation Advisory Board, the Advisory Board shall complete its review, and recommend approval or denial of the request to the Director. c. The Historic Preservation Advisory Board’s recommendation shall be transmitted to the Director within three days after the Advisory Board’s review. The recommendation shall be made in writing, and shall specify reasons relied upon in rendering the recommendation. 2.9.50.06 - Action by the Director Based on the review criteria, recommendation of the Historic Preservation Advisory Board, and comments received from affected parties, within three days the Director shall approve, conditionally approve, or deny the request. Section 2.9.60 - PROCEDURES FOR REMOVING A HISTORIC OVERLAY ZONE 2.9-11 LDC December 18, 2000 Removal of a Historic Preservation Overlay Zone that was originally approved by the Land Development Hearings Board requires an application, review by the Historic Preservation Advisory Board, and approval by the Land Development Hearings Board. Removal of an HPO Zone that is on the National Register requires an application to the National Parks Service. When the overlay is removed, the resource is taken off the Local Register. The following procedures apply to HPO properties that were originally approved by the Land Development Hearings Board and are not listed on the National Register. 2.9.60.01 - Initiation of Application An application to remove an HPO Zone may be initiated by the Historic Preservation Advisory Board, Planning Commission, City Council, or by any person with a legal interest in the property who submits a complete application to the Director. 2.9.60.02 - Application Requirements An application for removal or amendment of the HPO Zone shall follow the procedures for a Historic Landmark and District Designation in section 2.9.30 above. In addition, the Department of Land Conservation and Development and the State Historic Preservation Office shall receive notice of the application at least 45 days prior to the public hearing of the Land Development Hearings Board to review the application. 2.9.60.03 - Acceptance of Application The Director shall review the application for compliance with the applicable application requirements in section 2.9.60.02. If the application is incomplete, the Director shall notify the applicant within 14 days and state what information is needed to make the application complete. The applicant shall have 10 days in which to submit additional materials. 2.9.60.04 - Criteria for Removing a Historic Designation The Historic Preservation Advisory Board shall evaluate the request for removal of an HPO Zone based on an analysis of the economic, social, environmental, and energy consequences of the proposed and existing uses as defined by OAR 660-16-000, and upon finding that removal of the historic designation will not adversely affect properties in the surrounding area or the integrity of a historic district, if applicable. Also, to approve an application, the Advisory Board must find that at least one of the following has occurred since the site was listed as a historic resource: 2.9-12 LDC December 18, 2000 a. Reevaluation of the resource’s original determination shows that, under current criteria, the resource is no longer considered significant; b. Due to unavoidable circumstances that were not a result of action or inaction by the property owner, the integrity of the resource or district has been substantially reduced or diminished; and/or c. Value of a proposed conflicting use substantially outweighs the value of preserving the historic nature of the resource or district. Section 2.9.70 - PROCEDURES FOR DEMOLITION OR MOVING A HISTORIC RESOURCE Approval is required for moving or demolishing any or all portions of a structure listed on the Corvallis Register of Historic Landmarks and Districts. An application for a permit shall be reviewed by the Historic Preservation Advisory Board and by the Director. 2.9.70.01 - Initiation of Application a. An application may be initiated by the Historic Preservation Advisory Board, Planning Commission, City Council, or property owner. b. Nothing in this section shall prevent the demolition or removal of a historic resource when the City Engineer, Building Official, or Fire Marshal determines that such an emergency action is required for the public safety due to an unsafe or dangerous condition. Prior to such emergency action, the chair of the Historic Preservation Advisory Board shall be notified. 2.9.70.02 - Application Requirements The following application process shall be followed for demolishing or moving a historic structure: a. An application shall be made on forms provided by the Director. b. The application shall include the following: 1. Plans, drawings, and photographs of the historic resource; 2. A description of the resource’s physical condition; 3. If within a historic district, the resource's contribution to the district and subsequent integrity of the district if the resource is demolished or removed; and 2.9-13 LDC December 18, 2000 4. Whether denial of the request will involve substantial hardship to the applicant. 2.9.70.03 - Acceptance of Application The Director shall review the application for compliance with the application requirements in section 2.9.70.02. If the application is incomplete, the Director shall notify the applicant within 14 days and state what information is needed to make the application complete. The applicant shall have 10 days in which to submit additional materials. 2.9.70.04 - Status of a Relocated Historic Resource A structure’s historic status is automatically retained when it is moved to a new location, unless the Historic Preservation Advisory Board, using the review process for removal of the historic designation, determines that the historic designation is no longer appropriate. The Advisory Board’s recommendation shall be forwarded to the Director. 2.9.70.05 - Review Criteria for Demolition or Moving Permits In determining whether demolishing or moving the historic resource is appropriate, the Historic Preservation Advisory Board shall consider the economic, social, environmental, and energy consequences, as defined by OAR 660-16-000, and the following criteria. The Advisory Board shall recommend approval of the permit to the Director if it finds that: a. The request satisfies the OAR 660-16-000 criterion; b. Due to unavoidable circumstances that were not a result of action or inaction by the property owner, the integrity of the resource or district has been substantially reduced or diminished; c. Issuance of the permit would not act to the substantial detriment of the public welfare or be contrary to the purpose and scope of the historic preservation policies of the Comprehensive Plan; and d. One or more of the following apply: 1. Physical condition of the historic resource is deteriorated beyond economically feasible rehabilitation; 2. It is not economically feasible to relocate the historic resource; 2.9-14 LDC December 18, 2000 3. If within a historic district, demolition or removal of the resource will not adversely affect the integrity of the district; or 4. Denial of the request will involve substantial hardship to the applicant. 2.9.70.06 - Review by the Historic Preservation Advisory Board a. The Director shall schedule a public meeting to be held by the Historic Preservation Advisory Board upon acceptance of a complete application for demolishing or moving a historic resource. Notice of this meeting shall be published in a newspaper of general circulation at least 20 days in advance. b. The Department of Land Conservation and Development and the State Historic Preservation Office shall receive notice of the application at least 45 days prior to the public meeting of the Historic Preservation Advisory Board to review the application. c. The applicant, property owner, and any other interested parties shall have the opportunity to present information pertaining to the demolition or moving request. d. The Historic Preservation Advisory Board may recommend and the Director may order that action on the demolition or moving request be deferred for a period not to exceed 120 days from the date the application is deemed complete. During this period, the Historic Preservation Advisory Board shall attempt to determine whether public or private acquisition and preservation is feasible, or whether other alternatives could be implemented to prevent demolition or removal of the site or structure. e. The Historic Preservation Advisory Board’s recommendation shall be transmitted to the Director within three days after the Advisory Board’s review. The recommendation shall be made in writing, and shall specify reasons relied upon in rendering the recommendation. f. The Historic Preservation Advisory Board may recommend and the Director may order the following actions during the 120-day period: 1. Post a "For Sale" sign and a public notice on the historic property that shall read: “HISTORIC BUILDING TO BE MOVED OR DEMOLISHED -- FOR SALE.” Lettering on the sign shall be at least 5 in. in height. The sign shall be posted in a prominent and conspicuous place on the property for as long as 90 days. 2. List the property for sale in local and state newspapers for a minimum of five days over a 5-week period. 2.9-15 LDC December 18, 2000 3. List the property in at least two preservation publications at least 30 days prior to issuance of the demolition or moving permit. 4. Issue a press release to local and state newspapers describing the significance of the resource, the physical dimensions of the property, and the reasons for the proposed demolition or move. 5. Post notification through other media (e.g., Internet, radio, etc.) g. The Historic Preservation Advisory Board may recommend and the Director may require the owner to produce one or more of the following: 1. Documentation of the building using the Historic American Buildings Survey guidelines (includes architectural drawings, photographs, and historical narrative); 2. Historic and contemporary photographs of the historic building and site; or 3. Salvage of significant architectural or historic artifacts from the structure or site. Documentation materials shall be the property of the City or its designee. The Historic Preservation Advisory Board shall determine where the documentation is to be deposited and where any artifacts, architectural features, materials, or equipment saved from the building are to be stored. 2.9.70.07 - Action by the Director Based on the review criteria above, recommendation of the Historic Preservation Advisory Board, and comments received from affected parties, within three days the Director shall approve, conditionally approve, or deny the request. Section 2.9.80 - NOTICE OF DISPOSITION a. Director’s Decisions Not Requiring Mailed Notices to Surrounding Property Owners and Occupants - The Director shall provide the applicant notice of disposition either by stamping and redlining the building permit(s) or by postal mail within three days of the Director’s decision. A notice of disposition shall also be provided to persons who submitted written comments or testified at the Historic Preservation Advisory Board public meeting regarding the application. If the application is denied, the Director shall provide a reference to the findings leading to the denial and the appeal deadline. 2.9-16 LDC December 18, 2000 b. Director’s Decisions Requiring Mailed Notice - Within three days of the Director’s decision, the Director shall issue a notice of disposition that describes the decision, a reference to findings leading to it, any conditions of approval, and the application appeal period deadline. The notice of disposition shall be issued to the applicant, persons who testified at the public hearing or who submitted written testimony, and to those persons entitled to receive a mailed 14-day notice of the application. c. Decisions Made by the Land Development Hearings Board - Following the signing of the order, the Director shall provide the applicant with a notice of disposition that includes a written statement of the decision, a reference to the findings leading to it, any conditions of approval, and the appeal period deadline. A notice shall also be mailed to persons who testified at the public hearing who submitted written testimony, and to those persons entitled to receive a notice of the public hearing. Section 2.9.90 - APPEALS Appeals of any decision of the Land Development Hearings Board or Director shall be made in accordance with Chapter 2.19 - Appeals. Section 2.9.100 - EFFECTIVE DATE a. Unless an appeal has been filed, the decision of the Land Development Hearings Board shall become effective 12 days after the notice of disposition is mailed. b. The decision of the Director shall become effective 12 days after the notice of disposition is mailed or unless an appeal has been filed. 2.9-17 LDC December 18, 2000 Table 2.9-1 SUMMARY OF REVIEW AUTHORITY AND NOTICE REQUIREMENTS Type of Action Director Admin. Director with HPAB Recomm. HPAB Advises LDHB HPAB Advises Director/ LDHB Notices LDHB Public Hearing Notices Alteration of Resource - Individual Properties: • Similar materials XXX • Dissimilar materials & new construction XXX 14-day site posted & mailed notice 100 ft. New Construction - Individual Properties XXX 14-day site posted & mailed notice100 ft. Alteration of Resource or New Construction of 120 Sq. Ft. or Less - Within Historic District: • Nonhistoric noncontributing: similar materials XXX • Nonhistoric noncontributing: dissimilar materials - new construction not visible from public right-of- way XXX exempt • Nonhistoric noncontributing: dissimilar materials; new construction visible from public right-of-way XXX 14-day site posted notice • Historic/noncontributing: similar materials XXX • Historic/noncontributing: dissimilar materials & new construction XXX 14-day site posted notice • Historic/contributing: similar materials XXX • Historic/contributing: dissimilar materials & new construction XXX 14-day site posted & mailed notice100 ft. New Construction Exceeding 120 Sq. Ft. - Within Historic District XXX 14-day site posted & mailed notice100 ft. Table 2.9-1 SUMMARY OF REVIEW AUTHORITY AND NOTICE REQUIREMENTS Type of Action Director Admin. Director with HPAB Recomm. HPAB Advises LDHB HPAB Advises Director/ LDHB Notices LDHB Public Hearing Notices 2.9-18 LDC December 18, 2000 Demolition or Moving XXX DLCD* 45 day 20-day newspaper notice - additional notice may be required from applicant Establish HPO Zone XXX 20-day newspaper notice Quasi-judicial incl. 500-ft. notice Removing HPO Zone not on National Historic Register or Reclassifying in Historic District XXX DLCD 45 day 20-day newspaper notice Quasi-judicial incl. 500-ft. notice * Abbreviations: HPAB - Historic Preservation Advisory Board LDHB - Land Development Hearings Board DLCD - Dept. of Land Conservation and Development LDC December 18, 20002.10 - 1 CHAPTER 2.10 MAJOR NEIGHBORHOOD CENTER MASTER SITE PLAN REQUIREMENTS Section 2.10.10 - BACKGROUND As the core of a comprehensive neighborhood and as a site serving community-wide shopping and office needs, a Major Neighborhood Center is envisioned to encompass several acres of land and contain relatively intense commercial and residential development. Development of a new Major Neighborhood Center, and particularly major redevelopment of an existing Major Neighborhood Center, may ultimately involve multiple property owners and businesses that become involved in the development of the Center at different times. Consequently, the coordinated planning and development of a Major Neighborhood Center is important not only to the neighborhood, but also to a broader area. The Master Site Plan review process is established to provide the mechanism for achieving compatibility between uses and the surrounding area, as well as to facilitate future developments and redevelopment consistent with established requirements. The procedures of this chapter are applicable when a property owner requests a Master Site Plan review prior to and/or concurrent with review of a specific project within a Major Neighborhood Center. Upon Planning Commission approval of the Master Site Plan, building permits may be issued consistent with that plan. Section 2.10.20 - PURPOSES OF MASTER SITE PLAN Master Site Plan review procedures are established in this chapter for the following purposes: a. Ensure that the requirements of the Neighborhood Center Zone are implemented and coordinated with respect to Major Neighborhood Centers; b. Establish a logical framework for development on the applicant’s property(ies); c. Promote compatibility with surrounding land uses by identifying the relationships of proposed and future development with existing surrounding development and open spaces; d. Promote the efficient use of land and energy; e. Promote development patterns at a human scale and that meet the needs of pedestrians through the arrangement of buildings, circulation systems, land uses, and utilities; LDC December 18, 20002.10 - 2 f. Provide the applicant with reasonable assurance of ultimate approval before expenditure of complete design monies, while providing the City and nearby property owners and occupants with assurances that the project will retain the character envisioned at the time of approval; and g. Provide a basis for discretionary review of an overall plan of development that can subsequently be developed in phases over time through ministerial approvals. Section 2.10.30 - APPLICABILITY A Master Site Plan shall be required prior to development on any undeveloped site or on any site requiring major redevelopment within a Major Neighborhood Center. The subject property(ies) shall be specified by the applicant and property owner, and shall include only those property(ies) for which they have been authorized to apply. Major redevelopment includes individual or cumulative enlargements or extensions of structures involving floor area equivalent to 20 percent or more of the gross floor area of any existing building (or buildings if attached) on the site, or 3,000 sq. ft. or more of floor area within the site, whichever is less. 2.10.30.01- Exceptions A Master Site Plan is not required for the following situations, provided that all other applicable requirements of the Code are met: a. Any independent or cumulative enlargements, extensions, or expansions involving floor area equivalent to 500 sq. ft. or less for structures in existence and in compliance with the Code on December 31, 2000; and b. Expansion of, or redevelopment on, any existing developed site not involving major redevelopment (as defined above). Section 2.10.40 - MASTER SITE PLAN REVIEW PROCEDURES An application filed for a Master Site Plan shall be reviewed in accordance with the following procedures. 2.10.40.01 - Application Requirements When the Director deems any requirement below unnecessary for proper evaluation of a proposed application, it may be waived. Prior to formal submittal of an application, the applicant is encouraged to participate in an informal pre-application conference with Community Development Department staff to discuss the proposal, the applicant’s requirements, and the applicant’s materials developed in response to the applicable Code requirements. LDC December 18, 20002.10 - 3 Applications for a Master Site Plan shall be made on forms provided by the Director and shall be accompanied by the following: a. Signed consent of the owner(s) or the owners’ legal representatives of the subject property(ies); b. Fifteen copies of the narrative, on 8.5- by 11-in. sheets, and 15 copies of graphics at an 8.5- by 11-in. size. The Director may request additional copies of the narrative and/or graphics for routing purposes, if needed. Related names/numbers must be legible on the graphics. The Director may also require some or all graphics at an 11- by 17-in. size if, for legibility purposes, such a size would be helpful; c. Six sets of full-scaled black line or blueprint drawings of the graphic(s), with sheet size not to exceed 24- by 36-in. Where necessary, an overall plan with additional detail sheets may be submitted; and d. An electronic version of these documents (both text and graphics, as applicable) if an applicant has produced part or all of an application in an electronic format. The applicant shall coordinate with the City regarding compatible electronic formats, to the greatest extent practicable. e. Graphic Requirements Graphics shall include the following information where applicable: 1. All graphics shall include a sheet title, date, north arrow, bar scale, and legend placed on the same location on each sheet. All drawn graphics and ortho photos shall be to scale; other photos shall include scale references; 2. Public notice map (typically a street map at 1 in. = 800 ft. as per the City's public notice format); 3. Zoning map (typically 1 in. = 400 ft., but up to 1 in. = 800 ft., depending on the size of the site) with a key that identifies each zone on the site and within 1,000 ft. of the site as per City format; 4. Comprehensive Plan Map (typically 1 in. = 800 ft.) with a key that identifies each land use designation on the site and within 1,000 ft. of the site as per City format; 5. A General Land Use Map shall include an offsite analysis with sufficient information on land areas within at least 300 ft. of the zone in which the subject property is located. The map shall indicate the LDC December 18, 20002.10 - 4 relationship of the proposed development to adjacent land uses. An aerial photo may be used as the base for the offsite analysis. Ortho photos are available at City Hall. At minimum, the General Land Use Map shall illustrate the following: (a) Existing zones and approximate densities; (b) Land uses, parcel lines, and existing buildings (building envelopes are acceptable); and (c) Transportation corridors (automobile, bicycle, and/or pedestrian), functional classifications of streets, and driveways/parking areas. 6. Significant natural features map(s) and a preservation plan that together identify significant natural features of the site and proposed methods of preservation, including but not limited to: (a) Watercourses, floodplains, wetlands, and riparian areas. The map shall indicate boundaries, acreages, and names, where applicable. Where watercourses are involved, the map shall also show the top of existing banks and channel depth, and indicate the boundaries of any riparian areas and required drainageway dedications. Calculations used to determine the width of the drainageway dedications shall be provided, as well as cross-sections (at 50-ft. intervals) to support the calculations. The cross-sections shall show a width encompassing the watercourse and at least 20 ft. on either side of the top of banks (refer to Chapter 4.5 - Flood Control and Drainageway Provisions for additional guidance). (b) Significant natural vegetation (refer to Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting for guidance). The map shall indicate species, canopies, and diameters at breast height for trees. In cases where a site contains large groves of significant vegetation that result in a single large canopy, the map may indicate the outer perimeter of the canopy of each grove, and state the species and ranges of tree diameters at breast height for each species within the grove. (c) Plants, plant communities, and fish and wildlife habitats found on the site that are listed as threatened or endangered with the National Marine Fisheries Service or the U.S. Fish and Wildlife LDC December 18, 20002.10 - 5 Service, as well as significant native vegetation as defined in the Oregon National Heritage Plan (1998), which may include certain woodlands, grasslands, wetlands, riparian vegetation, and plant species. (d) Archaeological sites recorded by the State Historic Preservation Office (SHPO). 7. A Master Site Plan of the subject property(ies) shall include an onsite plan with sufficient information to indicate the existing and planned relationships among the structures, circulation systems, open spaces, and green areas on the subject property; other properties within the zone in which the subject property is located; and the land areas within at least 150 ft. of the zone. At minimum, the Master Site Plan of the subject property(ies) shall illustrate the following: (a) Factors to include for the subject property(ies) (1) Streets, driveways, alleys, and maneuvering, parking, loading, and refuse areas, particularly illustrating pedestrian, bicycle, and vehicle access points, accessways, and directions of traffic flow; (2) General location of public, private, and franchise utilities (e.g., sanitary sewer, storm sewer, water, natural gas, electric power lines); (3) Location of structures (building envelopes are sufficient for proposed new buildings or expansions of existing buildings), including locations of entrances and exits; (4) Topographic contour lines at 2-ft. intervals for areas with slope grades of 10 percent or greater; (5) Conceptual drainage control systems; (6) General location of landscaped areas and features, identifying fences, walls, berms, non-plant areas, plantings (labeled by plant type, e.g., trees, shrubs, lawn), and significant vegetation to be maintained or removed; (7) General location and size of areas to be conveyed, dedicated, or reserved as green areas, public parks, recreational areas, and similar public and semipublic space uses; and LDC December 18, 20002.10 - 6 (8) Identification of the shopping street. (b) Factors to include for other properties within the zone in which the subject property(ies) are located and land areas within at least 150 ft. of the zone (1) Parcel lines; (2) General locations and types of circulation and parking systems including, but not necessarily limited to, reasonable approximation of the future extension of proposed shopping streets and pedestrian systems; (3) General locations of public, private, and franchise utilities (e.g., sanitary sewer, storm sewer, water, natural gas, electric power); and (4) Building locations (building envelopes are acceptable), and their approximate height and current use types. f. Narrative Requirements A written statement shall include the following information: 1. A legal description of the subject property, including the street(s) along the property’s frontage. Copies of the legal description shall be provided in both written and electronic format; 2. A statement of the planning objectives to be achieved by the Master Site Plan. This statement shall include a description of the character of the proposed development, a brief rationale behind the assumptions and choices made, and a discussion of how the application meets the review criteria identified below; 3. A statement describing project phases, if proposed. Phases shall be: (a) Substantially and functionally self-contained and self- sustaining with regard to access, parking, utilities, green areas, and similar physical features; and capable of substantial occupancy, operation, and maintenance upon completion of the construction and development; (b) Properly related to other services of the community as a whole and to those facilities and services yet to be provided; and LDC December 18, 20002.10 - 7 (c) Provided with such temporary or permanent transitional features, buffers, or protective areas as may be required to prevent damage or detriment to any completed phases and to adjoining properties not included with the subject proposal. 4. Quantitative data related to the subject site shall be provided for the following, where appropriate: (a) Parcel sizes; (b) Total number and type of dwelling units. A proposed range with a 10 percent difference is permissible; (c) Gross residential densities per acre. A proposed range with a 10 percent difference is permissible; (d) Gross square footage of floor areas for nonresidential and residential construction. A proposed range with a 10 percent difference is permissible; (e) Floor area ratio(s). A proposed range with a 10 percent difference is permissible; (f) Proposed green areas to structure footprint ratios. A proposed range with a 10 percent difference is permissible. (For a definition of green area, refer to Chapter 1.6 - Definitions); and (g) Number of parking spaces provided and any parking agreements with neighboring properties. A proposed range with a 10 percent difference is permissible. 2.10.40.02 - Acceptance of Application and Staff Evaluation The application shall be accepted and evaluated by City staff in accordance with the procedures identified in sections 2.3.30.02 and 2.3.30.03 of Chapter 2.3 - Conditional Development. 2.10.40.03 - Review Criteria Requests for approval of a Master Site Plan shall be reviewed in accordance with the review criteria identified in section 2.3.30.04 of Chapter 2.3 - Conditional Development. Additional review factors shall include the following: a. Development shall comply with the applicable use and development standards for the Neighborhood Center Zone; LDC December 18, 20002.10 - 8 b. Development of infrastructure systems shall not interfere with the operations of adjacent uses of property that are not party to the Master Site Plan; and c. Development shall not preclude reasonable opportunities for the adjacent properties within the subject Neighborhood Center Zone, and not party to the application, to develop or redevelop in accordance with City requirements. 2.10.40.04 - Action by the Planning Commission, Notices, Notice of Disposition, Appeals, and Effective Date The public review process for a Master Site Plan request shall be in accordance with sections 2.3.30.05 through 2.3.30.08 of Chapter 2.3 - Conditional Development. 2.10.40.05 - Effective Period of Master Site Plan Approval a. Master Site Plan approval shall be effective for a 3-year period from the date of approval. The approval shall expire if the applicant has not, within three years: 1. Installed and/or bonded for all public improvements related to the project (or the first phase, if the project was approved in phases); or 2. Applied for and received foundation permits for at least one building approved as part of the project. b. Master Site Plan approval shall also expire if the applicant has not, within five years of the completion of a phase of a phased development: 1. Installed and/or bonded for all public improvements related to the next phase of the project; or 2. Applied for and received foundation permits for at least one building approved as part of the next phase of the project. c. At its discretion and without a public hearing, the Planning Commission may extend the approval once for a period not to exceed two additional years. 2.10.40.06 - Review Criteria for Determining Compliance with an Approved Master Site Plan a. An approval of a Master Site Plan shall apply only to the property(ies) included in the application. Development or major redevelopment on other properties adjacent to the subject properties and within the same Neighborhood Center Zone are also subject to the requirement for submittal of a Master Site Plan. Consistency between one property and another must LDC December 18, 20002.10 - 9 be demonstrated through the submitted materials, review criteria, and conditions of approval. b. A site development permit request shall be reviewed to determine whether the request is in substantial compliance with the approved Master Site Plan. It shall be deemed to be in substantial compliance if it is consistent with the review criteria in section 2.10.40.03, does not involve modifications to Code development standards, and does not involve changes to any specific requirements established at the time of Master Site Plan approval. Specific requirements include conditions of approval, Code requirements, and all aspects of the applicant’s proposal that were approved as part of the Master Site Plan. Section 2.10.50 - MINOR MASTER SITE PLAN MODIFICATION REVIEW PROCEDURES 2.10.50.01 - Purposes of a Minor Master Site Plan Modification a. Provide a limited amount of flexibility with regard to site planning for approved Master Site Plans; and b. Provide benefits within the development site that compensate for requested variations from an approved Master Site Plan such that the intent of the original approval is still met. 2.10.50.02 - Thresholds for a Minor Master Site Plan Modification Within one calendar year, up to three factors that do not exceed the thresholds in section 2.3.40.02 of Chapter 2.3 - Conditional Development may be proposed for a Minor Master Site Plan Modification under this section. If more than three such factors are proposed for modification within a calendar year, or if modifications are proposed that exceed the thresholds outlined in section 2.3.40.02, the changes shall be processed as a Major Master Site Plan Modification and shall follow the procedures outlined in section 2.10.60 below. 2.10.50.03 - Procedures for a Minor Master Site Plan Modification a. An applicant may petition for review of previously approved plans for purposes of modifying a Master Site Plan, stating reasons for the changes. b. Where the Director determines that the proposed changes qualify as a Minor Master Site Plan Modification, in accordance with the thresholds outlined in section 2.3.40.02, the Director shall administratively process the application as a Minor Master Site Plan Modification. The Minor Master Site Plan Modification may be approved, conditionally approved, or denied by the Director. If the proposed changes exceed the thresholds outlined in section LDC December 18, 20002.10 - 10 2.3.40.02, the changes shall be processed as a Major Master Site Plan Modification and the applicant shall follow the procedures outlined in section 2.10.60 below. c. In reviewing the proposed modifications, the Director shall follow the procedures herein required for Minor Master Site Plan Modification submittal and review. d. To determine whether to authorize a Minor Master Site Plan Modification, the Director shall consider the review criteria in section 2.10.40.03 of this chapter and section 2.3.40.03.d of Chapter 2.3 - Conditional Development. e. Upon finding that the application qualifies as a Minor Master Site Plan Modification, the Director may consider the redesign in whole or in part of any Master Site Plan, to the extent that the redesign still falls within the thresholds outlined in section 2.3.40.02. f. To the extent that the redesign does not exceed the thresholds outlined in section 2.3.40.02, notice for a Minor Master Site Plan Modification shall be provided in accordance with Chapter 2.16 - Request for Interpretation. g. Action on the application, the notice of disposition, appeals, the effective date, and the effective period of the Minor Master Site Plan Modification shall be in accordance with sections 2.12.30.07 through 2.12.30.11 of Chapter 2.12 - Lot Development Option. 2.10.50.04 - Determining Compliance with a Minor Master Site Plan Modification A site development permit request shall be reviewed to determine whether the request is in substantial compliance with the approved Minor Master Site Plan Modification. It shall be deemed to be in substantial compliance if it is consistent with the review criteria in section 2.10.40.03 of this chapter and section 2.3.40.03.d of Chapter 2.3 - Conditional Development, does not involve modifications to Code development standards, and does not involve changes to any specific requirements established at the time of Minor Master Site Plan Modification approval. Specific requirements include conditions of approval, Code requirements, and all aspects of the applicant’s proposal that were approved as part of the Minor Master Site Plan Modification. Section 2.10.60 - MAJOR MASTER SITE PLAN MODIFICATION REVIEW PROCEDURES 2.10.60.01 - Procedures for a Major Master Site Plan Modification LDC December 18, 20002.10 - 11 If proposed modifications exceed the threshold requirements outlined in section 2.3.40.02 of Chapter 2.3 - Conditional Development, or modifications to more than three factors that do not exceed the thresholds in section 2.3.40.02 are proposed within a single calendar year, the changes shall be processed as a Major Master Site Plan Modification. a. An applicant may petition for review of previously approved plans for purposes of modifying a Master Site Plan, stating reasons for the changes. b. Where the Director determines that the proposed changes qualify as a Major Master Site Plan Modification in accordance with the thresholds outlined in section 2.3.40.02, a hearing shall be scheduled before the Planning Commission in accordance with Chapter 2.0 - Public Hearings. The Planning Commission may approve, conditionally approve, or deny the Major Master Site Plan Modification. c. In reviewing the proposed modification, the Planning Commission shall follow the procedures herein required for Master Site Plan submittal and review. The Commission shall consider the review criteria in section 2.10.40.03 to determine whether to authorize a Major Master Site Plan Modification. d. Upon finding that the application qualifies as a Major Master Site Plan Modification, the Planning Commission may consider the redesign in whole or in part of any Master Site Plan. e. Notice, action on the application, the notice of disposition, appeals, the effective date, and the effective period of a Major Master Site Plan Modification shall be in accordance with the same provisions for a Master Site Plan. 2.10.60.02 - Determining Compliance with a Major Master Site Plan Modification A site development permit request shall be reviewed to determine whether the request is in compliance with any approved Major Master Site Plan Modification. It shall be deemed to be in compliance if it does not involve any additional deviations from Code development standards, and does not involve changes to any specific requirements established at the time of Major Master Site Plan Modification approval. Specific requirements include conditions of approval, Code requirements, and all aspects of the applicant’s proposal that were approved as part of the Major Master Site Plan Modification. 2.12 - 1 LDC December 18, 2000 CHAPTER 2.12 LOT DEVELOPMENT OPTION Section 2.12.10 - BACKGROUND A Lot Development Option provides a means to obtain minor variations from clearly measurable, numerically quantifiable development standards. The option exists for those circumstances where uniform, unvarying rules would prevent a more efficient use of a lot, prevent better preservation of significant natural features, and/or prevent innovation in site planning and architectural design. A typical example is the permitting of a structure to be located closer to a property boundary than normally allowed by the zone regulations. A Lot Development Option also may provide a means to obtain major variations from required setbacks on lots with existing residential structures constructed prior to December 31, 2000, or to modify the use size limitations contained in Chapter 3.19 - Mixed Use Community Shopping (MUCS) Zone. A Lot Development Option applies only to existing individual lots or to individual lots that are approved (or requested for approval) as part of a Tentative Subdivision Plat or Minor Land Partition process. Proposed modifications that exceed the allowed scope of a Lot Development Option (as outlined in this chapter) need to be sought through the Planned Development process described in Chapter 2.5 - Planned Development. Section 2.12.20 - PURPOSES Procedures and standards for the review of Lot Development Options are established in this chapter for the following purposes: a. Permit efficient use of land; b. Provide flexibility and innovation in site planning and architectural design on individual lots; c. Encourage construction techniques and allow building locations that conserve energy; d. Minimize procedural delays and ensure due process in the review of unique development situations; e. Provide an avenue for better preservation of significant natural features; and f. Provide benefits within the development that compensate for the variations from development standards such that the intent of the development standards is still met. 2.12 - 2 LDC December 18, 2000 Section 2.12.30 - PROCEDURES An application filed for a Lot Development Option shall comply with the following requirements. 2.12.30.01 - Application Requirements When the Director deems any requirement below unnecessary for proper evaluation of a proposed application, it may be waived. An application for a Lot Development Option shall be made on forms provided by the Director and shall include the following, where applicable: a. Description of the land (address, lot, block, tract, or similar description) on which the proposed development is to take place; b. Narrative addressing all aspects of the requested variation(s) and describing how the application meets the review criteria in section 2.12.30.06 below; and c. Site plan(s) no larger than 11- by 17-in., suitable for photocopy reproduction. The site plans shall be drawn to scale and show the following: 1. Relationship of the site to adjoining properties, streets, alleys, structures, public utilities, and drainageways; 2. Identification of all requested variations; 3. Lot line dimensions; 4. Existing and proposed structures; 5. Structures on adjacent property(ies) affected by the request; 6. Vehicle and pedestrian access points and accessways; 7. Drainageways and any other prominent features; 8. Location of trees and shrubs over 3 ft. in height; 9. Fences and walls; 10. Off-street parking facilities; and 11. Any other information relevant to the proposal. 2.12 - 3 LDC December 18, 2000 2.12.30.02 - Acceptance of Application a. The Director shall review the Lot Development Option application for compliance with the application requirements in section 2.12.30.01. If the application is incomplete, the Director shall notify the applicant within five days and state what information is needed to make the application complete. The applicant shall have 10 days from this notification to submit additional materials. b. Any revisions to an accepted application that result in the need for an additional public notice to be mailed shall be regarded as a new application. Such new application shall require additional filing fees. 2.12.30.03 - Determination of Lot Development Option Type The Director shall determine whether an application is for a Lot Development Option Type A or Type B, as follows: a. Type A Lot Development Option - A Lot Development Option shall be considered “Type A” when the requested variations involve residential uses on an undeveloped lot or underdeveloped lot within a developed portion of the City zoned RS-3.5 as of December 31, 2000, or involve a lot containing existing residential structures in any residential zone constructed prior to December 31, 2000. Type A Lot Development Option requests shall involve clearly measurable, numerically quantifiable development standards that shall not exceed the thresholds listed below: 1. Reducing by up to 40 percent any setback for residential uses on an undeveloped or underdeveloped lot within developed areas zoned RS-3.5, or reducing by up to 100 percent any setback on a lot containing existing residential structures constructed prior to December 31, 2000, with the following exceptions: (a) Requests for variations to development standards in Chapter 4.0 - Improvements Required with Development shall be processed through the Planned Development process outlined in Chapter 2.5; (b) For new structures on undeveloped lots, side and/or rear yard setbacks for accessory structures that are more than 60 ft. from streets (other than alleys) may be reduced by up to 70 percent; (c) For new structures, interior side yards on corner lots may be reduced by up to 70 percent; and 2.12 - 4 LDC December 18, 2000 (d) For lots with existing residential structures, side and/or rear yard setbacks for accessory structures that are more than 60 ft. from streets (other than alleys) may be reduced by up to 100 percent. 2. Increasing by up to 10 percent the height of a structure; 3. Decreasing by up to 5 percent the required lot area (applies only to lots created through the land partition or minor replat process described in Chapter 2.14 - Partitions, Minor Replats, and Lot Line Adjustments); 4. Decreasing by up to 5 ft. the required lot width, excluding accessway widths required for flag lots created through the land partition or minor replat process; 5. Increasing by up to 5 percent more than what is permitted in the zone the total ground area proposed to be covered by structures, parking spaces, or vehicular circulation areas; 6. Decreasing by up to 10 percent the area reserved for private outdoor space and/or usable green area; 7. Decreasing by up to 10 percent the project site amenities such as screening and/or landscaping; 8. Decreasing by up to 50 percent the required number of parking spaces or increasing by up to 50 percent the number of compact parking spaces; 9. Increasing by up to 33 percent the fence height outside of vision clearance areas; and 10. Decreasing by up to 20 percent the designated solar access, except as provided in Chapter 4.6 - Solar Access. The Director may allow as a Type A Lot Development Option similar types of modifications to development standards to those listed above using the procedures in Chapter 2.16 - Request for Interpretation. Part of this interpretation shall consist of determining whether the modification is a Type A or Type B Lot Development Option. b. Type B Lot Development Option - A Lot Development Option shall be considered “Type B” when the requested variations involve residential or nonresidential land uses within the portions of the City not covered in “a” above. 2.12 - 5 LDC December 18, 2000 Type B Lot Development Option requests shall involve clearly measurable, numerically quantifiable development standards that shall not exceed the thresholds listed below: 1. Adjusting by a maximum of 20 percent the clearly measurable development standards, with the following exceptions: (a) Requests for variations to development standards in Chapter 4.0 - Improvements Required with Development shall be processed through the Planned Development process outlined in Chapter 2.5; (b) Side and/or rear yard setbacks for accessory structures that are more than 60 ft. from streets (other than alleys) may be reduced by up to 70 percent; and (c) For new structures, interior side yards on corner lots may be reduced by up to 70 percent. 2. Ensuring that no more than a total of three variations occurs. For example, if a single lot is involved, variations of up to three different development standards may occur. If a development site includes plans for multiple lots (via a Minor Land Partition or Tentative Subdivision Plat), and multiple variations are needed, up to three lots may be involved in variations (from the same development standard or different development standards). 3. Variations exceeding the thresholds described in “1" and “2" above shall be sought through the Planned Development process described in Chapter 2.5. 2.12.30.04 - Public Notice a. The Director shall notify affected parties that an application for a Lot Development Option has been filed. b. "Affected parties" shall mean any owner and occupants of property within 100 ft. of the subject property and any other persons whom the Director determines are affected by the application. In addition, notice shall be provided to any neighborhood or community organization recognized by the City and whose boundaries include or are adjacent to the site. c. The notice shall state that all comments concerning the proposed Lot Development Option must be submitted in writing and received by the Director within 14 calendar days from the date of mailing the notice. The notice shall include the following: 2.12 - 6 LDC December 18, 2000 1. Street address or other easily understood geographical reference to the subject property; 2. Applicable criteria for the decision; 3. Place, date, and time comments are due; 4. Indicate that copies of all evidence relied upon by the applicant are available for review, and that copies can be obtained at cost; 5. Name and phone number of staff contact person; 6. State that notice of disposition shall be provided to the applicant and any person who submits comments; 7. An explanation of appeal rights; and 8. A summary of the local decision-making process. d. For both the Type A and Type B Lot Development Option, the development site shall be posted in conspicuous locations at least 10 days prior to the Director’s decision. The posting shall contain the applicant's name and address, type of action requested, date by which comments concerning the action shall be received by the Director, date the Director shall render a decision concerning the requested Lot Development Option, deadline for appeals, and address and phone number of the City staff contact person. 2.12.30.05 - Staff Evaluation The application and any comments that have been received shall be reviewed to ensure consistency with the review criteria in section 2.12.30.06 below. 2.12.30.06 - Review Criteria A Lot Development Option shall be reviewed to determine if the following criteria have been met: a. The land use for the proposed development is allowed in the underlying zone; b. The proposed development falls within the minimum and maximum density requirements for the underlying zone; c. All structures comply with Uniform Building and Fire Codes, and with the vision clearance requirements in section 4.1.40.c of Chapter 4.1 - Parking, Loading, and Access Requirements; 2.12 - 7 LDC December 18, 2000 d. The proposal falls within the appropriate threshold for a Lot Development Option in accordance with section 2.12.30.03; e. The proposed development shall not be contrary to the background and purposes in sections 2.12.10 and 2.12.20, specific requirements contained in policies of the Comprehensive Plan, and any other applicable policies and standards adopted by the City; f. The proposed development shall not substantially reduce the amount of privacy enjoyed by users of neighboring structures when compared to development located as specified by this Code; g. The proposed development shall not adversely affect existing physical and natural systems, such as traffic, drainage, dramatic land forms, or parks, nor adversely affect the potential for abutting properties to use solar energy devices when compared to development located as specified in this Code; h. Where architectural features are involved, the proposed development shall be compatible with the design character of existing structures on adjoining properties; i. Where variations are proposed to the pedestrian oriented design standards of Chapter 4.10, the proposed development shall implement the purpose(s) of that chapter through inclusion of additional benefits to the pedestrian environment that compensate for the requested variations from development standards; j. Where significant natural features are involved, the proposed development shall not adversely impact significant natural features and wildlife habitat on the site to a greater extent than would occur if the development were located as specified in this Code; and k. The proposal shall not result in the applicant (original developer or individual property owner) receiving approval for more than three variations on the subject piece of property within a 2-year period. 2.12.30.07 - Action on Application Based on the review criteria above and any comments received from affected parties, the Director shall review the proposed development and approve, conditionally approve, or deny the application at the completion of the 14-day comment period. 2.12.30.08 - Notice of Disposition 2.12 - 8 LDC December 18, 2000 The Director shall provide the applicant with a notice of disposition that includes a written statement of the decision, a reference to the findings leading to it any conditions of approval, and the appeal period deadline. The notice shall also be mailed to persons who provided written comment on the mailed notice. The notice of disposition and all applicable information shall be available in the Development Services Division of the Community Development Department. 2.12.30.09 - Appeals The decision of the Director may be appealed to the Land Development Hearings Board in accordance with Chapter 2.19 - Appeals. 2.12.30.10 - Effective Date Unless an appeal has been filed, the decision of the Director shall become effective 12 days after the notice of disposition is signed. 2.12.30.11 - Effective Period of Approval Lot Development Option approval shall be effective for a 2-year period from the date of approval. If the applicant has not begun the development or its phases within the 2-year period, the approval shall expire. 2.13 - 1 LDC December 18, 2000 CHAPTER 2.13 PLAN COMPATIBILITY REVIEW Section 2.13.10 - BACKGROUND Each zone is intended for a predominant type of land use. Certain other uses are permitted, but the intensity and characteristics of those uses require review to ensure their compatibility with the site and with nearby land uses. For example, any of the following may indicate the need for an individual review of the circumstances of development: a. Building's size in relation to other buildings in the area; b. Residential, commercial, or industrial aspects of a proposed development; c. Character of surrounding development; d. Traffic capacity of adjacent streets; and e. Potential environmental effects. Uses requiring Plan Compatibility Review are specified for each zone. For such uses, Plan Compatibility Review is required before a building permit can be issued. Section 2.13.20 - PURPOSES Procedures and review criteria for Plan Compatibility Review are established for the following purposes: a. Encourage originality, flexibility, and innovation in site planning and development, including architectural, engineering, and landscape design; b. Protect neighboring property owners and residents by ensuring reasonable provisions have been made regarding surface water drainage; suitable sound and sight buffers; preservation of views, light, and air; and other aspects of design that may have substantial effects on neighboring land uses; c. Preserve the City's natural beauty and the quality of its visual character by ensuring proposed structures or improvements are compatible with the terrain and existing development; by preventing unnecessary and inappropriate destruction or blighting of natural landscapes or existing improvements; and by requiring that proper attention be given to the exterior appearance of structures, signs, parking areas, landscaping, and other improvements; d. Protect and ensure adequacy and usefulness of public and private facilities and services as they relate to each other and to the neighborhood or area; 2.13 - 2 LDC December 18, 2000 e. Maintain and improve the qualities of and relationships among individual buildings, structures, and physical improvements that best contribute to the amenities and attractiveness of a neighborhood or area; and f. Promote and encourage energy conservation. Section 2.13.30 - PROCEDURES An application filed for a Plan Compatibility Review shall be reviewed in accordance with the following procedures (see Table 2.13-1 below): 2.13.30.01 - Application Requirements When the Director deems any requirement below unnecessary for proper evaluation of a proposed application, it may be waived. An application for Plan Compatibility Review shall include the following: a. Narrative addressing how the application meets the review criteria in section 2.13.30.05 below; b. Description of the land (address, lot, block, tract, or similar description) on which the proposed development is to take place; <> c. One set of plans, not to exceed 24- by 36-in., and one set of plans reduced to no larger than 11- by 17-in. Where necessary, additional detail sheets shall be provided. The site plan shall be drawn to scale and showing existing and proposed: 1. Relationship of the site to adjoining properties, streets, alleys, structures, public utilities, and drainageways; 2. Lot line dimensions; 3. Location of structures; 4. Vehicle and pedestrian access points and accessways; 5. General location of vegetated areas; 6. Utility service areas; 7. Fences and walls; 2.13 - 3 LDC December 18, 2000 8. Parking, maneuvering, loading, and refuse areas; 9. Direction of traffic flow on the property; 10. Drainage controls; and 11. Modifications to existing grades. d. Exterior lighting plan (which may be shown on the site plan) indicating location, size, height, typical design, material, color, and method of illumination; e. Plans and elevations of structure(s) drawn to scale indicating: 1. Heights of structures; 2. Entrances and exits of proposed structures; and 3. Architectural drawings or sketches, including floor plans, in sufficient detail to permit computation of yard requirements. f. Landscape plan drawn to scale showing: 1. Location of existing trees and shrubs over 3 ft. in height proposed to be removed or retained on the site; 2. Location and design of landscaped areas; 3. Proposed varieties and sizes of trees and plant materials; and 4. Other pertinent landscape features, including irrigation systems required to maintain plant materials. g. Data indicating: 1. Square footage of site and structures; 2. Building coverage (as a percentage of the site); 3. Square footage of the site to be landscaped; 4. Landscape coverage (as a percentage of the site); 5. Number of parking spaces provided; 6. Building materials to be used; and 2.13 - 4 LDC December 18, 2000 7. Specifications as to type, color, and texture of exterior surfaces of proposed structures. h. Any additional information that the Director may require for proper evaluation of the proposed site plan. Such additional information shall be required only where its need can be justified on the basis of special and/or unforeseen circumstances. 2.13.30.02 - Acceptance of Application a. The Director shall review the Plan Compatibility Review application for compliance with the application requirements in section 2.13.30.01. If the application is incomplete, the Director shall notify the applicant within five days and state what information is needed to make the application complete. The applicant shall have 10 days in which to submit additional materials. b. Any revisions to an accepted application that result in the need for an additional public notice to be mailed shall be regarded as a new application. Such new application shall require additional filing fees. 2.13.30.03 - Public Notice a. The Director shall notify affected parties that an application for a Plan Compatibility Review has been filed. b. "Affected parties" shall mean any owner and occupants of property within 100 ft. of the subject property and any persons whom the Director determines are affected by the application. In addition, notice shall be provided to any neighborhood or community organization recognized by the City and whose boundaries include or are adjacent to the site. c. The notice shall state that all comments concerning the proposed Plan Compatibility Review must be submitted in writing and received by the Director within 14 calendar days from the date of mailing the notice. The notice shall include the following: 1. Street address or other easily understood geographical reference to the subject property; 2. Applicable criteria for the decision; 3. Place, date, and time comments are due; 4. Indicate that copies of all evidence relied upon by the applicant are available for review, and that copies can be obtained at cost; 2.13 - 5 LDC December 18, 2000 5. Name and phone number of staff contact person; 6. State that notice of disposition shall be provided to the applicant and any person who submits comments; 7. An explanation of appeal rights; and 8. A summary of the local decision-making process. 2.13.30.04 - Staff Evaluation The application and any comments that have been received shall be reviewed to ensure consistency with the review criteria in section 2.13.30.05 below. 2.13.30.05 - Review Criteria Uses requiring Plan Compatibility Review shall be reviewed to ensure compatibility with existing and potential uses on nearby lands. The following factors shall be considered: a. The proposed development shall be in conformance with the purposes of this chapter; b. Neighboring property owners and residents shall be protected through reasonable provisions regarding surface water drainage; suitable sound and site buffers; preservation of views, light, air; and other aspects of design that may have substantial effects on neighboring land uses; and c. The proposed development shall not adversely affect traffic, parking, and access. 2.13.30.06 - Action on Application Based on the review criteria above and any comments received from affected parties, the Director shall review the proposed development and approve, conditionally approve, or deny the application at the completion of the 14-day comment period. 2.13.30.07 - Revisions of Proposed Plan Any revisions of a proposed plan shall be made prior to building permit approval. 2.13.30.08 - Notice of Disposition The Director shall provide the applicant with a notice of disposition that includes a written statement of the decision, a reference to findings leading to it, any 2.13 - 6 LDC December 18, 2000 conditions of approval, and the appeal period deadline. The notice of disposition shall also be mailed to persons who provided written comment on the mailed notice. The notice and all applicable information shall be available in the Development Services Division of the Community Development Department. 2.13.30.09 - Appeals The decision of the Director may be appealed to the Land Development Hearings Board in accordance with the provisions of Chapter 2.19 - Appeals. 2.13.30.10 - Effective Date Unless an appeal has been filed, the decision of the Director shall become effective 12 days after the notice of disposition is signed. 2.13.30.11 - Effective Period of Approval Plan Compatibility Review approval shall be effective for a 2-year period from the date of approval. If the applicant has not begun the development within the 2-year period, the approval shall expire. 2.14 - 1 LDC December 18, 2000 CHAPTER 2.14 PARTITIONS, MINOR REPLATS, AND LOT LINE ADJUSTMENTS Section 2.14.10 - BACKGROUND The division of land through a subdivision process is addressed in Chapter 2.4 - Subdivisions and Major Replats. A subdivision occurs where four or more lots are created in a calendar year, and requires review and approval by the Planning Commission. The division of land through an Expedited Land Division process is addressed in Chapter 2.5 - Planned Development. An Expedited Land Division occurs where four or more lots are created in a calendar year on a site with an approved Detailed Development Plan. This chapter provides procedural requirements for partitions, which involve creation of three or fewer lots in a calendar year, and for minor replats and lot line adjustments. Except on appeal, each of these are reviewed through a General Development process without a public hearing. As with subdivisions, partitions are subject to design requirements contained in Article IV of this Code. Section 2.14.20 - PURPOSES Land division procedures are established in this chapter for the following purposes: a. Ensure that building sites are of sufficient size and appropriate design for their intended uses and that lots to be created are within density ranges permitted by the Comprehensive Plan; b. Minimize negative effects of development upon the natural environment and incorporate natural features into the proposed development where possible; c. Ensure economical, safe, and efficient routes for pedestrians, bicycles, and motor vehicles; d. Ensure appropriate level of urban facilities and services including provisions for water, drainage, and sewage; e. Create residential living environments that foster a sense of neighborhood identity and that are protected from the adverse effects of heavy traffic and more intensive land uses; and f. Promote energy efficiency. Section 2.14.30 - TENTATIVE PLAT REVIEW PROCEDURES An application filed for a partition shall be reviewed in accordance with the following procedures (see Table 2.14-1 below): 2.14 - 2 LDC December 18, 2000 2.14.30.01 - Application Requirements When the Director deems any requirement below unnecessary for the proper evaluation of a proposed application, it may be waived. Applications shall be made on forms provided by the Director and shall be accompanied by the tentative partition plat. The tentative plat shall be sufficiently accurate to ensure proper review and shall not exceed 24- by 36-in. in size. The tentative plat shall include the following information where applicable: a. Names of the owner, partitioner, engineer, and surveyor as appropriate; b. Date, scale, and north arrow; c. Property line boundaries of all contiguous land in the same ownership as the area encompassed in the application; d. Sufficient description to define location and boundaries of the area to be partitioned; e. Location of existing structures; f. Number and type of units proposed where known and appropriate; g. Location and width of all existing or proposed public or private accessways (rights-of-way) including any reserve strips and parking areas; h. Location of all existing and proposed public and private utilities, including water, sewer, and storm drainage; i. Proposed parcel layout indicating dimensions, parcel lines, and lot areas; j. Approximate location and width of watercourses for review in accordance with Chapter 4.5 - Flood Control and Drainageway Provisions; k. All areas to be dedicated to the public and their proposed uses including street rights-of-way, drainageways, easements, and reserve strips; l. Location and use of adjacent structures within 150 ft. of the development site; m. Identification of significant natural features, including heavily wooded areas and existing native, ornamental, and orchard trees having a trunk diameter of 8 in. or more at a point 4 ft. above the natural grade (dbh - diameter at breast height); and 2.14 - 3 LDC December 18, 2000 n. Where it is evident that the parcel can be further partitioned, the applicant shall show, either on the tentative plat or as an attachment, that the land partition will not preclude efficient division of land in the future. 2.14.30.02 - Acceptance of Application a. The Director shall review the tentative plat application for compliance with the application requirements in section 2.14.30.01. If the application is incomplete, the Director shall notify the applicant within five days and state what information is needed to make the application complete. The applicant shall have 10 days from this notification to submit additional materials. b. Any revisions to an accepted application that result in the need for an additional public notice to be mailed shall be regarded as a new application. Such new application shall require additional filing fees. 2.14.30.03 - Public Notice a. The Director shall notify affected parties that an application for a tentative plat review has been filed. b. "Affected parties" shall mean any owners and occupants of property within 100 ft. of the subject property and any other persons whom the Director determines are affected by the application. In addition, notice shall be provided to any neighborhood or community organization recognized by the City and whose boundaries include or are adjacent to the site. c. The notice will state that all comments concerning the proposed tentative plat review must be submitted in writing and received by the Director within 14 calendar days from the date of mailing the notice. The notice shall include the following: 1. Street address or other easily understood geographical reference to the subject property; 2. Applicable criteria for the decision; 3. Place, date, and time comments are due; 4. Indicate that copies of all evidence relied upon by the applicant are available for review, and that copies can be obtained at cost; 5. Name and phone number of staff contact person; 6. State that notice of disposition shall be provided to the applicant and any person who submits comments; 2.14 - 4 LDC December 18, 2000 7. An explanation of appeal rights; and 8. A summary of the local decision-making process. 2.14.30.04 - Staff Evaluation The application and any comments that have been received shall be reviewed to ensure consistency with the review criteria in section 2.14.30.05 below. 2.14.30.05 - Review Criteria Requests for approval of a tentative partition plat shall be reviewed to ensure: a. Consistency with the purposes of this chapter and the pertinent development standards of the Code. The application shall be deemed consistent with the purposes of this chapter if it meets the provisions of this Code; b. Approval does not impede future development of property under the same ownership or on adjacent lands planned for urban densities with respect to the provision of City services and access from a public street; and c. Consistency with the density requirements of the zone. When calculating the applicable density range for a subject property, applicants may include in their acreage calculation 50 percent of the area of any streets that front the subject site (for the distance the streets front the subject site). 2.14.30.06 - Action on Application Based on the review criteria above and any comments received from affected parties, the Director shall review the proposed development and either approve, conditionally approve, or deny the application at the completion of the 14-day comment period. 2.14.30.07 - Notice of Disposition The Director shall provide the applicant with a notice of disposition that includes a written statement of the decision, a reference to findings leading to it, any conditions of approval, and appeal period deadline. A notice of disposition shall also be mailed to persons who provided written comment on the mailed notice. A notice of disposition and all applicable information shall be available in the Development Services Division of the Community Development Department. 2.14.30.08 - Appeals The decision of the Director may be appealed to the Land Development Hearings Board in accordance with the provisions of Chapter 2.19 - Appeals. 2.14 - 5 LDC December 18, 2000 2.14.30.09 - Effective Date Unless an appeal has been filed, the decision of the Director shall become effective 12 days after the notice of disposition is signed. 2.14.30.10 - Effective Period of Tentative Partition Plat Approval Approval of a Tentative Partition Plat shall be valid for a 1-year period from the effective approval date. Upon request, the Director may approve a single 1-year extension to the approval. Section 2.14.40 - FINAL PLAT REVIEW PROCEDURES 2.14.40.01 - Application Requirements a. The final partition plat shall conform to the approved tentative partition plat, Chapter 4.4 - Land Division Standards, and any conditions of approval. b. An Oregon-licensed land surveyor shall prepare the partition plat in accordance with ORS Chapters 92 and 209 and in conformance with the partition plat standards established by the County Surveyor. c. An Oregon-licensed land surveyor shall survey and place monuments on the parcels. All monuments on the exterior boundary and all parcel corner monuments for a partition shall be placed before the partition is offered for recording. d. The plat shall include or be accompanied by: 1. Notarized signature of the owner declaring the ownership and consenting to recording of the plat; 2. Legal descriptions of areas proposed for dedication, including street rights-of-way, drainageways, easements, and reserve strips. (Legal descriptions shall meet the approval of the City Engineer); 3. Notarized copy of any deeds, signed by the grantor, dedicating land to the City; 4. A description of streets, driveways, utilities, and proposed improvements, as well as a time frame for completion of such; 5. A designated space on the plat for approval signatures in accordance with section 2.14.40.03; and 6. All easements and adjacent streets. 2.14 - 6 LDC December 18, 2000 e. The surveyor shall submit one copy of the plat to the Development Services Division. The surveyor shall also submit the original plat and one copy, along with the appropriate recording fee, to the County Surveyor. 2.14.40.02 - Review of Final Partition Plat Application a. Within 14 days after receiving the final partition plat application, the Director shall review it for compliance with the above submittal requirements. If an application is incomplete, the Director shall notify the applicant within 10 days and state what is needed for a complete application. b. Any required improvements not completed shall be subject to the Installation of Required Improvements provisions in section 2.4.40.08 of Chapter 2.4 - Subdivisions and Major Replats. 2.14.40.03 - Final Plat Approval Prior to final approval, the City shall be assured that: a. The applicant has installed or has agreed to install required improvements in accordance with the provisions of section 2.4.40.08 of Chapter 2.4 - Subdivisions and Major Replats; b. Public assessments, liens, and fees with respect to the partition area have been paid, or a segregation of assessments and liens has been applied for and granted by the City Council; c. The City Engineer has reviewed a signed and notarized deed for any areas dedicated to the City prior to the partition plat’s final signing; and d. The partition plat has been signed by the Director and City Engineer. Approval does not relieve the applicant from other applicable provisions of this Code or from the Oregon Revised Statutes. 2.14.40.04 - Recording of Final Plat When all required signatures have been obtained on the final partition plat, the County Surveyor shall record the plat and any required covenants with the County Recorder. 2.14.40.05 - Effective Date Authorization of the final partition plat shall become effective when the plat is recorded by the County Surveyor. 2.14 - 7 LDC December 18, 2000 2.14.40.06 - Notice of Recording After the final partition plat is recorded, the County surveyor will notify the applicant of the recording. Section 2.14.50 - MINOR REPLAT PROCEDURES a. An application for a minor replat shall be administered in accordance with the tentative partition plat review procedures in section 2.14.30. b. A final minor replat shall be prepared by an Oregon-licensed surveyor in accordance with section 2.4.40 of Chapter 2.4 - Subdivision and Major Replats, with the exception that the final replat shall be signed by the Director instead of the Planning Commission Chair. Section 2.14.60 - LOT LINE ADJUSTMENT a. An application for a lot line adjustment shall be administered in accordance with the tentative partition plat review procedures in section 2.14.30, with the exception that the application shall be exempt from public notice provisions in section 2.14.30.03 and the review criteria in section 2.14.30.05. b. A lot line adjustment shall be approved if the following criteria have been met: 1. The lot line adjustment shall not result in creation of an additional unit of land; 2. Any unit of land reduced in size by the lot line adjustment shall comply with all applicable zoning regulations; 3. The lot line adjustment shall not increase the degree of nonconformity that may exist on the subject lots; and 4. The availability of both public and private utilities and required access shall not be adversely affected by a lot line adjustment. c. Approvals shall be subject to the following minimum conditions: 1. Deeds based on a metes and bounds legal description for all adjusted lots from the lot line adjustment shall be recorded with the Benton County Recorder's Office; 2. A Certified Boundary Survey map that reflects the approved lot line adjustment shall be reviewed by the City and signed by the Director and the City Engineer. The map shall then be filed with the County Recorder; and 2.14 - 8 LDC December 18, 2000 3. Copies of the recorded deeds and filed survey map shall be provided to the City following recording. Section 2.14.70 - MAJOR REPLATS An application for a major replat shall be reviewed and processed in accordance with Chapter 2.4 - Subdivisions and Major Replats. Section 2.14.80 - VACATING PLATS An application for vacating a plat shall be reviewed and processed in accordance with Chapter 2.8 - Vacating of Public Lands and Plats, and with ORS Chapter 271.080. 2.15 - 1 LDC December 18, 2000 CHAPTER 2.15 HILLSIDE DEVELOPMENT AND DENSITY TRANSFER Section 2.15.10 - BACKGROUND The administrative procedures in this chapter were incorporated into the Code in 1983 to provide density transfer options in several significant hillside areas. Areas considered "significant" are identified in the Open Space/Hillside Report (1982) adopted as part of the Comprehensive Plan, and include portions of Locke Cemetery Hill, IV Hill, and Bald Hill. These procedures are intended to be used in conjunction with development of land through a subdivision, partition, or Planned Development process. This chapter will be updated in a future Code Update phase. In the interim, density transfer opportunities within lands on a single development site may be pursued through the Planned Development process outlined in Chapter 2.5, provided such density transfers are not in conflict with underlying Comprehensive Plan Map designations. Section 2.15.20 - PURPOSES This chapter establishes a mechanism that does the following: a. Encourages density transfer from significant hillside areas as an incentive for preservation of natural resources and open space; and b. Provides protection from natural hazards. Section 2.15.30 - APPLICABILITY Owners of properties on Locke Cemetery Hill, IV Hill, or Bald Hill designated in the Comprehensive Plan as Open Space/Hillside may transfer density in accordance with this chapter. Applicants may use the provisions for Chapter 2.5 - Planned Development, Chapter 2.4 - Subdivisions and Major Replats, Chapter 2.14 - Partitions, Minor Replats, and Lot Line Adjustments, or other applicable Code provisions for obtaining development approval. Section 2.15.40 - PROCEDURES An application filed for a density transfer shall comply with the following requirements. 2.15.40.01 - Application Requirements Applications for a density transfer consistent with Option 1 or Option 3 discussed below shall be on forms provided by the Director and shall include the following information: 2.15 - 2 LDC December 18, 2000 a. Name and address of the owner(s) of record; b. Location and use of adjacent structures within 100 ft. of property lines; c. Number of proposed lots and dimensions of lots, including frontage, depth, and area in sq. ft.; d. Type of housing or other uses to be developed; e. A deed restriction executed on behalf of property owners of the significant hillside areas, ensuring permanent retention of the density transfer land area as Open Space. If the application is not approved, the deed restriction shall be returned. If the application is approved, City staff shall file the deed restriction with the Benton County Recorder; and f. For Option 3, a survey and legal description identifying the land areas within the significant hillside area proposed for development and proposed for permanent open space. 2.15.40.02 - Selection of Development Option The developer of hillside properties may use Options 1, 2, or 3 described below for determining maximum allowable density and applicable development standards. 2.15.40.02.01 - Option 1, Density Transfer When density is to be transferred from an identified significant hillside area to other portions of the property, the following provisions shall apply: a. Allowed Density Transfer - Allowed density transfer of open space hillside areas is four units per acre. When density is to be transferred outside the hillside area to the remaining portion of the ownership, multiply the size of the area by four units per acre to determine the total number of residential units that can be transferred from the hillside area. b. Applicable Development Standards - Use types, minimum lot areas, setbacks, height requirements, and other development standards of the RS-9 Zone shall apply and shall be used when preparing the density transfer plan. c. Condition of Approval - A deed restriction that ensures permanent retention of the land from which density was transferred as open space shall be recorded with the Benton County Recorder within 30 days of the Director’s decision. 2.15 - 3 LDC December 18, 2000 2.15.40.02.02 - Option 2, Development of Hillside Areas without Density Transfer When an identified significant hillside area is to be developed, the following provisions shall apply: a. Calculate Allowed Density - Allowed density is two units per acre. To determine total potential residential units allowed within the hillside area to be developed, multiply the size of the hillside area by two units per acre. b. Applicable Development Standards - Development standards of the underlying zone shall apply. 2.15.40.02.03 - Option 3, Partial Density Transfer and Partial Development of Hillside Areas If part of a significant hillside area is proposed for development and another portion is proposed to be retained as permanent open space, the provisions of Option 1, above, shall apply to the proposed open space area and the provisions of Option 2, above, shall apply to the area proposed for development. 2.15.40.03 - Applicable Development Standards All hillside density transfer proposals shall comply with Option 1 for density to be transferred and Option 2 for development within the hillside boundary area. 2.15.40.04 - Approval of the Density Transfer Plan The Director shall approve density transfer plans consistent with this chapter and subject to all other approvals required in the development review process. 2.15.40.05 - Appeals The decision of the Director may be appealed to the Land Development Hearings Board in accordance with Chapter 2.19 - Appeals. 2.15.40.06 - Effective Date Unless an appeal has been filed, the decision of the Director shall become effective 12 days after the decision is signed. 2.16 - 1 LDC December 18, 2000 CHAPTER 2.16 REQUEST FOR INTERPRETATION Section 2.16.10 - BACKGROUND Property owners and developers often seek interpretations of the Code or Comprehensive Plan from the Director or other City staff. These interpretations may be "legislative" in that they apply to a large geographic area (e.g., all properties within a given zone ), or they may be "quasi-judicial" (applying to a specific site or area.) Through the processes identified in this chapter, an applicant can obtain an official written interpretation from the City. Section 2.16.20 - PURPOSES Requests for interpretation may be made for the following purposes: a. Ensure uniformity of Code and Comprehensive Plan interpretations through a formal process; and b. Provide an opportunity to appeal staff interpretations while protecting owners, users, or developers of property from appeals that might otherwise be filed after an unreasonable delay. Section 2.16.30 - PROCEDURES A request for an interpretation of this Code or Comprehensive Plan shall be reviewed in accordance with the following procedures. 2.16.30.01 - Application Requirements Any person may file a request for interpretation. Requests shall be in writing. The form of the request shall be as specified by the Director. 2.16.30.02 - Acceptance of Application a. The Director shall review a request for interpretation within 10 days to verify that the request meets the requirements specified above. If a request for interpretation does not meet those requirements, the applicant shall be notified and given the opportunity to correct the deficiency. The Director may consult with the City Attorney to determine whether the request is legislative or quasi-judicial. b. Any revisions to an accepted application that result in the need for an additional public notice to be mailed shall be regarded as a new application. Such new application shall require additional filing fees. 2.16 - 2 LDC December 18, 2000 2.16.30.03 - Public Notice Prior to a Quasi-Judicial Decision a. The Director shall notify affected parties that a request for a quasi-judicial interpretation has been filed. b. "Affected parties" shall mean any owner and occupants of property within 100 ft. of the subject property and any other resident owners of property whom the Director determines are affected by the application. In addition, notice shall be provided to any neighborhood or community organization recognized by the City and whose boundaries include or are adjacent to the site. c. The notice shall state that all comments concerning the interpretation must be submitted in writing and received by the Director within 14 calendar days from the date of mailing the notice. The notice shall include the following: 1. Street address or other easily understood geographical reference to the subject property; 2. Applicable criteria for the decision; 3. Place, date, and time comments are due; 4. Indicate that copies of all evidence relied upon by the applicant are available for review, and that copies can be obtained at cost; 5. Name and phone number of staff contact person; 6. State that notice of disposition shall be provided to the applicant and any person who submits comments; 7. An explanation of appeal rights; and 8. A summary of the local decision-making process. 2.16.30.04 - Staff Evaluation After accepting a request for an interpretation that meets the requirements specified above, the Director may route copies of the request to other City divisions or departments for comments or suggestions regarding the interpretations. 2.16.30.05 - Action by Director a. Within 30 calendar days after acceptance of a completed request for interpretation, the Director shall respond with a written interpretation. The 2.16 - 3 LDC December 18, 2000 Director shall clearly state the interpretation being issued and basis for such interpretation. b. The Director may interpret provisions of the Code or Comprehensive Plan, but shall not issue any legal opinion or interpretation of case law. c. Director’s interpretations are advisory only and do not bind the Land Development Hearings Board, Planning Commission, or City Council in making their decisions. d. The Director may modify previously issued interpretations if specific circumstances warrant such modification. 2.16.30.06 - Notice of Disposition A copy of the notice of disposition and all applicable information shall be available in the Planning Division of the Community Development Department. The notice of disposition shall also be provided to the public in the following ways: a. Legislative Interpretation - Notice shall be published in a newspaper of general circulation in Corvallis and shall include a statement of the decision, reasons leading to it, and the appeals period deadline. b. Quasi-Judicial Interpretation - The Director shall provide the applicant with a notice of disposition that includes a written statement of the decision, a reference to findings leading to it, any conditions of approval, and the appeal period deadline. A notice of disposition shall also be mailed to persons who provided written comment on the mailed notice. 2.16.30.07 - Appeals The decision of the Director may be appealed to the Land Development Hearings Board in accordance with Chapter 2.19 - Appeals. 2.16.30.08 - Effective Date Legislative and Quasi-Judicial Interpretations - Unless an appeal is filed, the Director’s interpretation shall become effective 12 days after the notice of disposition is signed. 2.18 - 1 LDC December 18, 2000 CHAPTER 2.18 SOLAR ACCESS PERMITS Section 2.18.10 - BACKGROUND Solar energy can make a significant long-term contribution to the City's energy supply. Use of solar energy can be encouraged by providing for and protecting the solar access of property owners. A Type 1 Solar Access Permit restricts shading of a solar collector by trees. A Type 2 Solar Access Permit includes protection provided by a Type 1 Permit in addition to protection and remedies to restrict shading of a solar collector by structures. Section 2.18.20 - PURPOSES This chapter provides permit procedures to accomplish the following: a. Identify a process to protect solar access to support the use of a solar collector; and b. Specify conditions under which Solar Access Permits are authorized. Section 2.18.30 - LIMITS ON SOLAR PERMITS A Solar Access Permit shall not affect: a. A lot or portion thereof more than 150 ft. south of the solar collector location; b. A lot located on a slope grade of 20 percent or more and facing within 45 degrees of true north; c. Any lot located in the Central Business (CB) Zone; d. Any tree or structure on a neighboring lot existing at the time the Solar Access Permit application is accepted; e. New structures that shade the solar collector unless a Type 2 Solar Access Permit has been previously approved and recorded; f. Proposed new structures resulting in shading of a Type 2 solar collector between 9 a.m. and 3 p.m. on November 21 in an amount that does not exceed the shading that would be caused by a flat-roofed structure half the allowed building height at the minimum setbacks for the zone; and g. Any new tree approved in the Solar Access Permit as a "solar-access-friendly tree" and listed by location and species consistent with section 2.18.40.06.f below. 2.18 - 2 LDC December 18, 2000 Section 2.18.40 - PROCEDURES An application for a Solar Access Permit shall comply with the following. 2.18.40.01- Application Requirements for Type 1 Solar Access Permit An application for a Type 1 Permit shall include: a. A statement of the solar heating hours for which solar access is sought; b. Scaled drawing of the solar collector and its dimensions, height above ground level, orientation, and slope from the horizontal; c. Sunchart for the proposed location of the solar collector, as measured from the center of the lower edge of the collector site and, if applicable, alternative locations for the solar collector. If the solar collector is more than 20 ft. in length, a sunchart photograph shall also be provided from each end of the collector; d. Site plan showing lot lines and dimensions of the solar user's lot and neighboring lots that will be affected by the Solar Access Permit. The site plan shall indicate topography using 2- or 5-ft. contour intervals, and the location of the solar collector, structures, and trees. The site plan information shall indicate tree species; e. Documentation showing that the solar collector would not be shaded between 9 a.m. and 3 p.m. on November 21 by a 6-ft.-high fence located on the applicant's lot lines; f. Documentation showing that no reasonable alternative location exists for the solar collector that would result in fewer restrictions on a neighboring lot; g. Documentation showing that removing or trimming vegetation on the applicant's lot will not permit an alternative location for the solar collector that would result in fewer restrictions on a neighboring lot; h. A list by owner of record and address for all affected lots, together with an identification by lot of exempt structures and vegetation as defined above in section 2.18.30.d; and i. Proposed solar envelopes for affected properties and, if applicable, proposed "solar-access-friendly trees" permitted to grow so as to only partly obstruct the solar access. 2.18 - 3 LDC December 18, 2000 2.18.40.02 - Application Requirements for Type 2 Solar Access Permit An application for a Type 2 Permit shall include information required above in section 2.18.40.01, in addition to the following: a. Evidence that minimum setbacks and allowable building heights for the zone do not ensure solar access protection; and b. Proposed solar envelopes prescribing allowed building heights for affected properties. 2.18.40.03 - Acceptance of Application a. The Director shall review the Solar Access Permit application for compliance with the application requirements in sections 2.18.40.01 or 2.18.40.02. If the application is incomplete, the Director shall notify the applicant within five days and state what information is needed to make the application complete. The applicant shall have 10 days in which to submit additional materials. b. Any revisions to an accepted application that result in the need for an additional public notice to be mailed shall be regarded as a new application. Such new application shall require additional filing fees. 2.18.40.04 - Public Notice a. The Director shall notify affected parties that an application for a Solar Access Permit has been filed. b. "Affected parties" shall mean any owner and occupants of property within 100 ft. of the subject property and any other persons whom the Director determines are affected by the application. In addition, notice shall be provided to any neighborhood or community organization recognized by the City and whose boundaries include or are adjacent to the site. c. The notice shall state that all comments concerning the proposed Solar Access Permit must be submitted in writing and received by the Director within 14 calendar days from the date of mailing the notice. The notice shall include the following: 1. Street address or other easily understood geographical reference to the subject property; 2. Applicable criteria for the decision; 3. Place, date, and time comments are due; 2.18 - 4 LDC December 18, 2000 4. Indicate that copies of all evidence relied upon by the applicant are available for review, and that copies can be obtained at cost; 5. Name and phone number of staff contact person; 6. State that notice of disposition shall be provided to the applicant and any person who submits comments; 7. An explanation of appeal rights; and 8. A summary of the local decision-making process. 2.18.40.05 - Staff Evaluation The application and any comments shall be reviewed to ensure consistency with the review criteria in section 2.18.40.06 below. 2.18.40.06 - Review Criteria Solar Access Permit applications shall be reviewed to ensure the following criteria are met: a. The solar collector shall have at least four hours per day of unobstructed solar access between 9 a.m. and 3 p.m. on November 21 of each year; b. After exempt vegetation has reached a mature height, sufficient solar access shall continue to exist for operation of the solar collector; c. The solar collector shall not be shaded between 9 a.m. and 3 p.m. on November 21 by a 6-ft.-high fence located on the applicant's lot lines; d. No reasonable alternative location exists for the solar collector that would result in fewer restrictions on neighboring lots; e. Removing or trimming vegetation on the applicant's lot shall not permit an alternative location that would result in fewer restrictions on a neighboring lot; and f. To provide for residential privacy, street trees, or for energy conservation benefits, the Director may specify as a condition of approval that "solar- access-friendly trees" be planted or allowed to grow so that solar access is only partly obstructed. At the time the permit is approved, solar-access- friendly trees, if applicable, shall be designated by location, species, and amount of future shading allowed by the tree. 2.18 - 5 LDC December 18, 2000 2.18.40.07 - Action on the Application Based on the review criteria above and any comments received from affected parties, the Director shall review the proposed development and approve, conditionally approve, or deny the application at the completion of the 14-day comment period. 2.18.40.08 - Notice of Disposition The Director shall provide the applicant with a notice of disposition that includes a written statement of the decision, a reference to findings leading to it, any conditions of approval, and the appeal period deadline. The notice of disposition shall also be mailed to persons who provided written comment on the mailed notice. The notice and all applicable information shall be available in the Planning Division of the Community Development Department. 2.18.40.09 - Appeals The decision of the Director may be appealed to the Land Development Hearings Board in accordance with the provisions of Chapter 2.19 - Appeals. 2.18.40.10 - Effective Date Unless an appeal has been filed, the Director’s decision shall become effective 12 days after the notice of disposition is signed. Section 2.18.50 - PERMIT RECORDING Within 30 days after a Solar Access Permit and building permit for the solar energy system have been granted, the Director shall file the Solar Access Permit with the Benton County Recorder in such form as required by State law. The permit shall include approved solar envelopes for affected properties, exemptions to or limits on the solar right being created, and the solar collector drawing, sunchart, and site plan. Section 2.18.60 - OBLIGATION CREATED BY SOLAR ACCESS PERMIT The owner of any lot subject to a Solar Access Permit shall trim any nonexempt vegetation if subsequent vegetation growth is inconsistent with the Solar Access Permit. The cost of such trimming shall be paid by the owner of the vegetation. Section 2.18.70 - REPLACEMENT OF TREES Nothing in this chapter shall prevent a property owner from replacing a species of tree that is partly obstructing solar access with a solar-access-friendly tree approved by the Director. 2.19 - 1 LDC December 18, 2000 CHAPTER 2.19 APPEALS Section 2.19.10 - BACKGROUND This Code is intended to permit flexibility in achieving the goals of the Comprehensive Plan. Provisions of this Code therefore allow considerable discretion in decisions made by the City Council and its agencies and officers. Criteria and standards have been adopted as part of this Code to ensure consistency in discretionary decisions. To ensure due process, it is also necessary to provide for review of discretionary decisions that are allegedly inconsistent with the Comprehensive Plan and/or the requirements of this Code. Section 2.19.20 - PURPOSES Procedures and requirements in this chapter are established for the following purposes: a. Provide an appeal process wherein parties affected by discretionary land use decisions may request review of such decisions; b. Establish the basis for valid appeals; c. Establish who may appeal a discretionary decision; and d. Provide for timely review of appeals. Section 2.19.30 - PROCEDURES Appeals shall be filed and reviewed in accordance with the following procedure. 2.19.30.01 - General Provisions a. Every decision relating to the provision of this Code substantiated by findings of every board, commission, committee, hearings officer, and official of the City is subject to review by appeal in accordance with the provisions of this chapter. b. Staying of Decisions 1. The filing of an appeal to a higher level of City hearing authority, in accordance with the provisions of this chapter, shall initiate the appeal process and stay the order or decision appealed. The process shall include adequate public notice, a public hearing, and 2.19 - 2 LDC December 18, 2000 preparation of findings by the hearing authority that affirms, amends, or reverses the decision appealed. 2. A final decision by the City that is appealed to a State agency shall be stayed only through the relevant State procedures. When State procedures do not require the stay of a final decision, applicants may obtain development and/or site improvement permits up to foundation permits only. However, applicants will be proceeding at their own risk, pending the outcome of the appeal. c. All hearings on appeals shall be held de novo (as a new public hearing). For any appeal, the record of the decision made before the lower level of City hearing authority shall be part of the staff report on appeal. 2.19.30.02 - Hearing Authority a. Appeals from decisions of the Director shall be reviewed by the Land Development Hearings Board. b. Appeals from decisions of the Building Official that relate to the enforcement of Code requirements shall be reviewed by the Land Development Hearings Board. c. Appeals from decisions of the City Engineer shall be reviewed by the Land Development Hearings Board. d. Appeals from decisions of the Planning Commission or the Land Development Hearings Board shall be reviewed by the City Council. e. Appeals from decisions of the City Council shall conform with applicable ORS provisions. 2.19.30.03 - Standing Appeals may be filed only by parties affected by a discretionary land use decision. For purposes of this chapter, "affected parties" shall include any of the following: a. The applicant or the applicant's authorized agent. b. Any person who testified orally or in writing before the hearing authority whose decision is being appealed. c. Any neighborhood organization that testified orally or in writing before the hearing authority whose decision is being appealed. 2.19 - 3 LDC December 18, 2000 d. Any City agency, officer, or department that is responsible for provision of City facilities and services to the proposed development. e. Ten registered voters who are City residents. f. Any person who is entitled to appeal a land use decision pursuant to State law. 2.19.30.04 - Appeal Periods Appeals shall be filed within 12 days after a decision is signed. In the case of a legislative interpretation of the Code or the Comprehensive Plan, an appeal shall be filed within 12 days of a published notice of such interpretation. Appeals to the State Land Use Board of Appeals shall be made in accordance with the provisions of State law. Appeals must be filed by 5:00 p.m. on the final day of the appeal period. Where the final day of an appeal period falls on a weekend or holiday, the appeal period shall be extended to 5:00 p.m. on the next work day. 2.19.30.05 - Filing Requirements Appeals shall be filed in writing with the City Recorder and shall include the following: a. Name and address of the appellant; b. Reference to the subject development and case number, if any; c. Statement of the specific grounds for the appeal, stated in terms of specific review criteria applicable to the case; d. Statement of the applicant's standing to appeal as an affected party; and e. Appropriate filing fee. 2.19.30.06 - Notice and Hearing a. The Director shall schedule a public hearing for complete and properly filed appeals. Such hearing is to be held not later than 60 days after the receipt of the notice of appeal. Incomplete or improperly filed appeals shall be referred to the hearing authority for dismissal as noted in "b" below. 1. The hearing authority shall give notice of the time, place, and particular nature of the appeal. At least 10 days prior to the hearing, notice shall be published in the newspaper; and at least 20 days prior 2.19 - 4 LDC December 18, 2000 to the hearing, notice shall be sent by mail to the appellant(s), to the applicant, to persons and neighborhood organizations that originally received notice of the application, and to anyone who testified or submitted written information for the record of the case. If the decision being appealed was the Director’s administrative decision, notice shall be provided to residents and owners of properties within 100 ft. of the subject property. 2. Public hearings shall be conducted in accordance with Chapter 2.0 - Public Hearings. b. Appeals that are incomplete, filed late, or improperly filed may be denied by the hearing authority without further review. 2.19.30.07 - Effective Date of Decision Unless an appeal has been filed, approval of any development request shall become effective upon expiration of the appeal period. Where the hearing authority is the City Council, the effective date for filing an appeal with the State Land Use Board of Appeals (LUBA) shall be in accordance with the provisions of State law. 3.0 - 1 LDC December 18, 2000 CHAPTER 3.0 USE CLASSIFICATIONS Section 3.0.10 - PURPOSE Use Classifications classify use types based on common functional, product, or compatibility characteristics, thereby regulating uses according to relative compatibility. There are occasions, however, where a use instead of a use type is listed. Where this occurs, reference is made to Chapter 1.6 - Definitions. The Director shall have the authority to classify common uses according to use types listed in section 3.0.30 below. The classification of a use is subject to the right of appeal in accordance with the provisions of Chapter 2.19 - Appeals. Use types not specifically listed in a zone cannot be established except as authorized in this Code and in accordance with Chapter 2.16 - Request for Interpretation. Section 3.0.20 - CLASSIFICATION OF COMBINATION OF PRINCIPAL USES The following rules shall apply where a single lot contains two or more uses: a. Separate Classification of Several Establishments with Different Uses - The principal uses conducted on a lot or development site by two or more establishments, managements, or institutions shall be classified as separate uses when the uses resemble two or more different Use Types and are not classified as Accessory Uses in accordance with Chapter 4.3 - Accessory Development Regulations. b. Separate Classification of Same Establishment with Different Uses - The principal uses conducted on a lot or development site by a single establishment, management, or institution shall be classified as separate uses. Each use shall be classified in the Use Type(s) whose description most closely portrays its nature when the uses resemble two or more different use types and are not classified as Accessory Uses in accordance with Chapter 4.3 - Accessory Development Regulations. c. Single Classification of Same Establishment with Same Use Types - Uses conducted on a lot or development site by a single establishment, management, or institution are considered to be a single use, even if there is more than one principal use on the site, when the uses fall within the same Use Types and are not classified as Accessory Uses in accordance with Chapter 4.3 - Accessory Development Regulations. d. Separate Classification of Different Establishments with Same or Different Uses. The principal uses conducted on a lot or development site by two or more establishments, managements, or institutions are considered to be more than one use, whether the uses are the same use or Use Type or different uses or Use Types 3.0 - 2 LDC December 18, 2000 and the uses are not classified as Accessory Uses in accordance with Chapter 4.3 - Accessory Development Regulations. Section 3.0.30 - LISTING OF USE CLASSIFICATIONS The principal activity on a lot or site is the use. The Director shall classify Uses as one or more Use Types. All Use Types in this chapter are arranged by Use Type Category to make them easier to to locate. This chapter lists Use Type Categories in the following order: Residential, Civic, Commercial, Industrial, Agricultural and Extractive. The Use Types within each Use Type Category are in alphabetical order. In addition to Use Types, the Code defines residential and non-residential building types, as well as residential housing types, in Chapter 1.6. Residential building types are listed in each zone that permits residential Use Types and are listed from least intensive to most intensive use (for example, "Single Detached" is listed above "Single Attached," and both of these building types are listed above "Multi-Dwelling"). Both residential building types and housing types are listed in Chapter 4.9 - Additional Provisions, to assist in describing the requirements for housing and/or building type variations in residential developments. 3.0.30.01 - Residential Use Types Residential use types include the occupancy of living accommodations on a wholly or primarily non-transient basis. Also included is development that is accessory to these uses, (as specified in Chapter 4.3 - Accessory Development Regulations) and Home Business (as defined in Chapter 1.6). a. Family Residential - Residential occupancy of living units by individual(s) or family(ies). It excludes "Transient Habitation" and "Group Care." b. Group Residential Uses 1. Group Residential - Residential occupancy of living units by persons other than an individual or family, as defined in this Code, and providing communal kitchen/dining facilities. Typical uses include occupancy of retirement homes, boarding houses, co- housing, and cooperatives that are not associated with institutions of higher education. This use type excludes fraternity and sorority houses and "Group Care" facilities as specified below. 2. Group Residential/Group Care - Residential occupancy of facilities authorized, certified, or licensed by the State to provide board, room, and personal care to six or more physically or developmentally disabled, handicapped, elderly, or drug or alcohol dependent persons receiving treatment, or dependent or neglected children. This Use Type also applies to facilities authorized to provide supervisory 3.0 - 3 LDC December 18, 2000 or day-care services, but excludes those uses classified under "Major Services and Utilities" where communal kitchen/dining facilities are provided. Typical uses include halfway houses or intermediate care facilities. Caregivers required to be present as part of a facility’s State license do not count toward the limitation on the number of persons. c Cooperatives and Fraternity and Sorority Houses - Buildings containing sleeping rooms, bathrooms, common rooms, and a central kitchen and dining room maintained exclusively for cooperative, fraternity, or sorority members and their guests or visitors, and affiliated with an institution of higher learning. d. Home Business - A lawful activity commonly carried on for profit within a dwelling and that meets all provisions contained in the "Home Business" definition in Chapter 1.6. e. Residential Care Facility - A dwelling unit licensed by the State to accommodate from five to 15 mentally or physically handicapped, elderly, or drug or alcohol dependent persons and resident staff persons engaged in their care. Caregivers required to be present as part of a facility’s State license do not count toward the limitation on the number of persons. 3.0.30.02 - Civic Use Types Civic Use Types include the performance of utility, educational, recreational, cultural, protective, governmental, and other uses strongly vested with public or social importance. Also included is development that is accessory to these uses (as specified in Chapter 4.3 - Accessory Development Regulations). a. Administrative Services - Consulting, record keeping, clerical, or public contact services that deal directly with the public, together with incidental storage and maintenance of necessary vehicles. This Use Type excludes "Professional and Administrative Services." Typical uses are governmental offices. b. Community Recreation - Recreational, social, or multi-purpose uses typically associated with parks, play fields, or community recreation buildings. c. Cultural Exhibits and Libraries - Museum-like preservation and exhibition of objects in one or more of the arts and sciences, gallery exhibition of works of art, or library collection of books, manuscripts, etc., for study and reading. d. Essential Services - Services necessary to support development such as utilities (installation and/or maintenance) or services involving only minor 3.0 - 4 LDC December 18, 2000 structures such as lines and poles, phone booths, fire hydrants, bus stops, benches, and mailboxes. e. Lodge, Fraternal, and Civic Assembly - Meetings and activities primarily conducted for members of such groups. Excludes "Group Residential", "Group Care" and "Transient Habitation" use types. Typical uses include meeting places for civic clubs, lodges, or fraternal or veteran organizations. f. Schools - Public and private educational facilities. Refer to section 4.9.70 for requirements for private schools (area per child and buffering). g. Major Services and Utilities - Services and utilities that have substantial impacts. Such uses may be permitted when the public interest supersedes the usual limitations placed on land use and the uses transcend the usual restraints of the zone for reasons of necessary location and community-wide interest. Typical uses include sanitary landfills, airports, hospitals, detention and correctional institutions, and mass transit waiting stations or turnarounds. Excludes the "University Services and Facilities" use type. h. Minor Utilities - Public utilities that have a local minor impact on sur- rounding properties. Typical uses include electrical and gas distribution substations, wind generators, and radio facilities. Excludes “Wireless Telecommunication Facilities” use types. i. Parking Services - Public parking garages and lots. j. Postal Services - The following are postal service use types: 1. Customer. Mailing services and processing as traditionally operated or leased by postal and parcel service companies, provided the facilities serve an immediate neighborhood and are pedestrian- accessible, and the services and processing are oriented toward customers who can do business on the premises. 2. Community-Based. Mailing services and processing as traditionally operated or leased by postal and parcel service companies, but which may or may not include customer access on the premises. These facilities may be distribution centers and/or larger facilities that serve a broad part of the community, as opposed to an immediate neighborhood. k. Public Safety - Services that provide protection to a zone or entity according to Fire, Life, and Safety Code sections, together with the incidental storage and maintenance of necessary vehicles. Typical uses include fire stations, police stations, and ambulance services. 3.0 - 5 LDC December 18, 2000 l. Religious Assembly - Religious services involving public assembly such as customarily occurs in synagogues, temples, and churches. m. Social Service Facilities - Facilities operated in the interest of the physical and mental health and welfare of the community’s population. Typical services include two or more of the following: individual counseling, family counseling, meal services, medical and/or dental services in structures less than 3,000 sq. ft. in size, short-term overnight accommodations, and office and administrative functions related to any or all of these services. Excludes the “Medical Services” use type. n. University Services and Facilities - Services and facilities customarily associated with a major university. Typical uses include housing facilities, classrooms, research services (as defined in section 3.0.30.03.y), recreational amenities, parking facilities, and commercial uses that directly serve the student/faculty population or research/educational mission of the university. o. Wireless Telecommunication Facilities - The site, structures, equipment, and appurtenances used to send and receive radio frequency transmissions for wireless telecommunication services such as cellular telephone, personal communication services, enhanced/specialized mobile radio, and commercial paging services. Such facilities include antennas, poles, towers, cables, wires, conduits, ducts, pedestals, vaults, buildings, electronics, and switching equipment. 1. Colocated/Attached Wireless Telecommunication Facility - A facility attached to an existing pole, tower, or other structure including, but not limited to, a structure that can accommodate the future installation of two or more antenna systems. 2. Freestanding Wireless Telecommunication Facility - A new tower, monopole, or other unattached structure erected to support wireless communication antennas and connecting appurtenances. 3.0.30.03 - Commercial Use Types Commercial use types include the distribution, sale, and/or rental of goods and the provision of services other than those classified as Civic Uses. lso included is development that is accessory to these uses (as specified in Chapter 4.3 - Accessory Development Regulations). a. Agricultural Sales - On-site sale of feed, grain, fertilizers, pesticides and similar goods. Typical uses include nurseries, hay, and feed and grain stores. 3.0 - 6 LDC December 18, 2000 b. Agricultural Services - Provision of agriculturally related services with incidental storage on offsite lots. Typical uses include crop dusting and tree service firms. c. Animal Sales and Services - The following are animal sales and services use types: 1. Auctioning - Auctioning of livestock on a wholesale or retail basis with incidental storage of animals for a period not exceeding 72 hours. Typical uses include animal auctions and livestock auction yards. 2. Grooming - Grooming of dogs, cats, and similar small animals. Typical uses include dog bathing, clipping salons, and pet grooming shops. 3. Horse Stables - Boarding, breeding, or raising of horses not owned by the occupants of the premises, or riding of horses by other than the occupants of the premises or their nonpaying guests. Typical uses include boarding stables and public stables. 4. Kennels - Kennel services for dogs, cats, and similar small animals. Typical uses include boarding kennels and dog training centers. 5. Stockyards - Stockyard services involving temporary housing of livestock for slaughter, market or shipping. Typical uses include stockyards and animal sales yards. 6. Veterinary (Large Animals) - Veterinary services for large animals. Typical uses include animal hospitals and veterinary hospitals for large animals. 7. Veterinary (Small Animals). Veterinary services for small animals. Typical uses include pet clinics, dog and cat hospitals, and animal hospitals for small animals. d. Automotive and Equipment - Sales of motor vehicles or services related to motor vehicles. The following are automotive and equipment use types: 1. Car Wash - Washing, polishing, or detailing of automobiles. Typical uses include car washes. This use type does not include auto repair, auto equipment repair, or installation of auto parts, which is classified as Automotive and Equipment - Light Equipment Repairs. 2. Fleet Storage - Storage of vehicles used regularly in business operation and not available for sale, or long-term storage of operating 3.0 - 7 LDC December 18, 2000 vehicles. Typical uses include taxi fleets, mobile-catering truck storage, and auto storage garages. 3. Parking Services - Temporary parking of motor vehicles within a privately owned off-street parking area. Typical uses include commercial parking lots and garages. 4. Heavy Equipment Repairs - Repair of trucks and other heavy equipment; sale, installation, or servicing of automotive equipment and parts; and body repairs, painting, and steam cleaning. Typical uses include engine repair shops, auto body shops, and motor freight maintenance groups. 5. Light Equipment Repairs - Repair of automobiles and the sale, installation, or servicing of automobile equipment and parts, excluding auto body repairs and painting. Typical uses include muffler shops, auto or motorcycle repair garages, and auto glass shops. 6. Farm Equipment Sales/Rentals - Sale (retail or wholesale) and/or rental of farm equipment together with incidental maintenance. Typical uses include farm equipment dealers. 7. Heavy Equipment Sales/Rentals - Sale (retail or wholesale) and/or rental of heavy construction equipment, trucks, and aircraft, together with incidental maintenance. Typical uses include aircraft dealers, heavy construction equipment dealers, tractor trailer dealers, motorhome and boat dealers, and recreational vehicles sales and rental agencies. 8. Light Equipment Sales/Rentals - Sale (retail, wholesale) and/or rental of autos, noncommercial trucks, motorcycles, trailers with less than 10,000 lbs. gross cargo weight, together with incidental maintenance. Typical uses include automobile dealers and car rental agencies . 9. Storage of Nonoperating Vehicles - Storage of nonoperating motor vehicles. Typical uses include storage of private parking towaways and impound yards. 10. Storage of Recreational Vehicles and Boats - Storage of recreational vehicles and boats. Typical uses include the collective storage of personal recreational vehicles and boats. e. Building Maintenance Services - Provision of maintenance and custodial services to commercial and industrial establishments. Typical uses include janitorial, landscape maintenance, and window cleaning services. 3.0 - 8 LDC December 18, 2000 f. Business Equipment Sales and Services - Sale, rental, or repair of office, professional, and service equipment and supplies to the firms rather than to individuals. Excludes “Automotive and Equipment,” “Construction Sales and Services,” and “Farm Equipment Sales/Rentals.” Typical uses include office equipment and supply firms, small business machine repair shops, and hotel equipment and supply firms. g. Business Support Services - Provision of clerical, employment, protective, or minor processing services to firms rather than individuals. Storage of goods other than samples is prohibited. Typical uses include secretarial services, telephone answering services, and blueprint services. h. Communications Service Establishments - Broadcasting and other information relay services accomplished through use of electronic and telephonic mechanisms. Excludes services classified as "Major Services and Utilities" and "Minor Utilities.” Typical uses include television and radio studios, telecommunication service centers, and telegraph service offices. i. Construction Sales and Services - Construction activities and incidental storage on lots other than construction sites, and retail or wholesale sale of materials used in the construction of buildings or other structures. Excludes retail sale of paint, fixtures, and hardware, and those uses classified as "Automotive and Equipment" use types. Typical uses include building materials stores, tool and equipment rental or sales, and building contracting/construction offices. j. Convenience Sales and Personal Services - Provision of small personal items or services. These include various general retail sales and personal services of an appropriate size and scale to primarily serve the personal needs of the surrounding neighborhood. Typical uses include neighborhood grocery stores, specialty stores, drugstores, laundromats/dry cleaners, barbershops, bookstores, video stores, coffee shops, and beauty salons. k. Day Care, Commercial Facility - An institution, establishment, or place that commonly receives at one time more than 12 children not of common parentage, for a period not to exceed 12 hours per given day for the purposes of being given board, care, or training apart from their parents or guardians for compensation or reward in accordance to ORS 657A.250-440. Refer to section 4.9.70 for additional development standards (area per child and buffering). l. Day Care, Family - "Babysitting" or care of 12 or fewer children, including resident family members, as accessory to any residential use. Family day care is not subject to the definition of "Home Business." 3.0 - 9 LDC December 18, 2000 m. Drive -Through Facilities - Facilities that directly serve patrons in motor vehicles. Typically, this use type depends on a driveway or drive area that provides adequate room for vehicle stacking at a drive-up service window. n. Eating and Drinking Establishments - Sale of prepared food and beverages for consumption on and off premises. The following are eating and drinking establishment use types: 1. Fast Order Food - Sale of food primarily intended for immediate consumption, available within a short waiting time, and packaged or presented such that it can be eaten off the premises where it is sold. Does not include “Fast Order Food Drive Through” establishments. 2. Fast Order Food, Drive-through - Sale of food directly to patrons in motor vehicles or to patrons who intend to use the motor vehicle as an eating area. Typically, this use depends on a long driveway that provides adequate room for vehicle stacking at a drive-up service window or on a parking area near a walk-up service window. 3. Eating, Sit-down - Sale of food prepared and served for consumption on the premises. Typically, the clientele does not turn over rapidly. o. Explosive Storage - Storage of any quantity of explosives in accordance with ORS 57.21. Typical uses include storage in the course of manufacturing, selling, or transporting explosives or storage in the course of blasting operations. p. Financial, Insurance, and Real Estate Services - Financial, insurance, real estate or securities brokerage services. Typical uses include banks, insurance agencies, and real estate firms. q. Food and Beverage Retail Sales - Retail sale of food and beverages for home consumption. Typical uses include groceries and delicatessens. r. Funeral and Interment Services - Provision of services involving the care, preparation, or disposition of human dead. The following are funeral and interment services use types: 1. Cremating - Crematory services involving the purification and reduction of the human body by fire. Typical uses include crematories and crematoriums. 2. Interring - Interring services involving the storage of human bodies other than in cemeteries. Typical uses include columbariums and mausoleums. 3.0 - 10 LDC December 18, 2000 3. Undertaking. Undertaking services involving preparing the dead for burial and arranging and managing funerals. Typical uses include funeral homes and mortuaries. 4. Cemeteries - A place for burying the dead; graveyard. s. Fuel Sales - Retail sale of petroleum products with incidental sale of tires, batteries, and replacement items, lubricating services, and minor repair services. Typical uses include automobile service stations, filling stations and truck stops. t. Laundry Services - Laundering, dry cleaning, or dyeing services other than those classified as "Convenience Sales and Personal Services". Typical uses include laundry agencies, diaper services, and linen supply services. u. Lodging Services - Provision of temporary overnight accommodations with incidental food, drink, and other sales and services intended for the convenience of guests. The following are lodging service use types: 1. Campground - Areas for travelers in recreational vehicles or tents. Typical uses include recreational vehicle parks. 2. Hotels/Motels - Provision of room or room and board in hotels or motels. 3. Bed and Breakfast Facilities - Provision of room or room and board in bed and breakfast inns that do not comply with the “Home Business” definition in Chapter 1.6. v. Medical Services - Personal health services including prevention, diagnosis, treatment, and rehabilitation services provided by physicians, dentists, nurses, and other health personnel; and medical testing and analysis services. Typical uses include hospitals, medical offices, dental laboratories, and health maintenance organizations. Excludes "Civic" and "Group Residential/Group Care" Use Types. w. Parking Lot Kiosk - A Commercial use in a structure that is less than 120 square feet in size and located within the parking lot of a development site. Parking lot kiosks typically contain eating and/or drinking establishments, food and/ or beverage sales, retail sales, and/or personal services. Parking lot kiosks are allowed either when a zone identifies “drive-through” uses as permitted uses or when “Parking Lot Kiosk” is listed as a permitted use. x. Participant Sports and Recreation - Provision of sports or recreation primarily by and for participants. (Spectators would be incidental and on a 3.0 - 11 LDC December 18, 2000 nonrecurring basis). The following are participant sports and recreation use types (for either general or personal use): 1. Indoor. Conducted in an enclosed building. Typical uses include bowling alleys, billiard parlors, swimming pools, and physical fitness centers. 2. Outdoor. Conducted in open facilities. Typical uses include driving ranges, golf courses, and swimming pools. y. Professional and Administrative Services - Professional, executive, management or administrative offices of private firms or organizations. Typical uses include administrative offices, legal offices, and architectural firms. z. Repair Services, Consumer - Provision of repair services to individuals and households, but not to firms. Excludes "Automotive and Equipment" use types. Typical uses include appliance repair shops, apparel repair firms, and musical instrument repair firms. aa. Research Services - Research of an industrial or scientific nature generally provided as a service or conducted by a public agency or private firm. Typical uses include electronics research laboratories, environmental research and development firms, agricultural and forestry research labs, and pharmaceutical research labs. bb. Retail Sales 1. General - Sale or rental of commonly used goods and merchandise for personal or household use. Excludes "Agricultural Sales," "Animal Sales and Services," "Automotive and Equipment," "Business Equipment Sales and Services," "Construction Sales and Services," "Food and Beverage Retail Sales," " Fuel Sales," and "Swap Meets". Typical uses include department stores, apparel stores, and furniture stores. 2. University - Sale or rental of goods typically associated with or related to a university community in terms of the types of goods, the location, and the size and scale of the business. Typical uses include bookstores, record stores, sporting good stores, gift shops, and similar uses that cater to students, faculty, and university visitors. cc. Scrap Operations - Storage, sale, dismantling, or other processing of used, source-separated, or waste materials not intended for reuse in their original form. Typical uses include automotive wrecking yards, junk yards, paper salvage yards and recycling facilities. 3.0 - 12 LDC December 18, 2000 dd. Spectator Sports and Entertainment - Provision of cultural, entertainment, athletic, and other events to spectators. Also includes events involving social or fraternal gatherings. The following are spectator sports and entertainment use types: 1. Limited - Uses conducted on a development site and in an enclosed (indoor) area that generate an attendance of 299 or fewer people. Typical uses include small theaters and meeting halls. 2. Other. Uses conducted on a development site in an open (outdoor) area and/or uses conducted on a development site that generate an attendance of 300 or more people. Typical uses include multi-plex theaters, large theaters, large exhibition halls, and sports stadiums. ee. Swap Meets - Display, exchange, barter, or sale of new or used personal or common household items or office equipment and furnishings, provided that such activity is not a temporary use. Typical uses include flea markets where clothing, personal effects, household furnishings, and household appliances are sold or otherwise exchanged. ff. Technical Support Center - An incoming call center that receives calls for technical assistance concerning specific manufactured items such as computers, appliances, etc. Employees of the technical support center answer questions to provide this technical support to persons who call. gg. Telemarketing Center - An outgoing call center where employees call the public to promote a product and/or service or an assortment of products and/or services. hh. Temporary Outdoor Markets - Retail sales, personal services, or food and beverage sales that are conducted wholly or partially in an outdoor setting oriented to pedestrian activity and public gathering, and temporary in nature. Temporary outdoor markets shall not persist more than 45 days per calendar year per property. Permanent structures are not a part of these uses. Typical uses include farmers’ markets, community festivals, and seasonal sales of produce and Christmas trees. ii. Wholesale, Storage, and Distribution - Wholesaling, storage, distribution, and handling of materials and equipment other than live animals and plants. The following are wholesaling, storage, and distribution use types: 1. Mini-Warehouses - Storage or warehousing service within a building for individuals to store personal effects and for businesses to store materials for operation of an industrial or commercial enterprise elsewhere. Incidental uses in a mini-warehouse may include the repair and maintenance of stored materials by the tenant, but in no 3.0 - 13 LDC December 18, 2000 case shall storage spaces in a mini-warehouse facility function as an independent retail, wholesale, business, or service use. Spaces shall not be used for workshops, hobby shops, manufacturing, or similar uses. Human occupancy shall be limited to that required to transport, arrange and maintain stored materials. 2. Light - Wholesaling, storage, and warehousing services within enclosed structures. Typical uses include wholesale distributors, storage warehouses and moving and storage firms. 3. Heavy - Open-air storage, distribution, and handling of materials and equipment. Typical uses include monument or stone yards and grain elevators. 3.0.30.04 - Industrial Use Types Industrial use types include the onsite production of goods by methods not commercial, agricultural, or extractive in nature. Also included is development that is accessory to these uses (as specified in Chapter 4.3 - Accessory Development Regulations). a. Limited Manufacturing - Establishments employing 20 or fewer persons per shift unless otherwise specified by the applicable zone, do not involve outside storage of materials, do not require State or Federal air quality discharge permits (except for parking), are compatible with nearby residential uses because there are few or no offensive external effects, and are primarily engaged in one of the following: 1. Onsite production of hand-manufactured goods involving use of hand tools or light mechanical equipment. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for customers or firms. Goods are generally not displayed or sold on site, but if so, this is a subordinate part of total sales. Typical uses include instruction studios, ceramic studios, woodworking and cabinet shops, custom jewelry manufacturing, and similar types of arts and crafts or small-scale manufacturing; or 2. Manufacturing or assembling of electronic components, medical and dental supplies, computers, or other manufacturing establishments with similar characteristics. Goods generally are not displayed or sold on-site, but if so this is a subordinate part of total sales. b. Technological Production - Research and development, production, processing, assembling, or packaging of products that rely upon research and technological innovation. Typical uses include manufacturing research 3.0 - 14 LDC December 18, 2000 instruments, electronic products, and surgical and medical instruments. This use type excludes uses that require State or Federal air quality discharge permits except for parking. c. General Industrial 1. Production, processing, assembling, packaging, or treatment of food and non-food products; or 2. Manufacturing and/or assembly of electronic instruments and equipment and electrical devices. General Industrial uses may require State or Federal air quality discharge permits, but do not have nuisance conditions that are detectable from the boundaries of the subject property. Nuisance conditions can result from any of the following: (a) Continuous, frequent, or repetitive noises or vibrations; (b) Noxious or toxic fumes, odors, or emissions; (c) Electrical disturbances; or (d) Night illumination into residential areas. Exceptions: Noise and vibrations from temporary construction; noise from vehicles or trains entering or leaving the site; noise and vibrations occurring fewer than 15 minutes per day; an odor detected for fewer than 15 minutes per day; or noise detectable only as part of a composite of sounds from various off-site sources. d. Intensive Industrial - Manufacturing, processing, or assembling of materials in a manner that would create any of the commonly recognized nuisance conditions or characteristics described above in the "General Industrial" use type classification. 3.0.30.05 - Agricultural Use Types Agricultural use types include the on-site production of plant and animal products by agricultural methods. Also included is development that is accessory to these uses (as specified in Chapter 4.3 - Accessory Development Regulations). a. Animal Husbandry - Raising and breeding of livestock. 3.0 - 15 LDC December 18, 2000 b. Animal Waste Processing - Processing of animal waste and by-products, including animal manure, animal bedding waste, and similar by-products of animal husbandry operations, for use as a commercial fertilizer, soil amendment or compost. c. Aquaculture - Aquacultural research and specialties. d. Horticulture - Horticultural and floracultural specialties such as flowers, shrubs, and trees intended for ornamental or landscaping purposes. The fol- lowing are horticulture use types: 1. Cultivation - Cultivation of plants. 2. Storage - Storage of plants, primarily in containers. e. Packing and Processing - Packing or processing of agricultural crops, animals, and their by-products that entails more than picking, cutting, sorting, and boxing or crating but excludes canning, rendering, tanning or reduction of meat. The following are packing and processing use types: 1. Limited - Packing or processing of crops grown on the premises. 2. General - Packing or processing of crops, animals, or their by-products regardless of where they were grown. f. Row and Field Crops - Cultivation of agricultural products grown in regular or scattered patterns. Crops include vines, field, forage, and other plant crops intended to provide food or fibers. g. Tree Crops - Cultivation for personal use of tree-grown agricultural products such as orchards for apples and cherries. 3.0.30.06 - Extractive Use Types Extractive use types include the on-site production of mineral products by extractive methods. Also included is development that is accessory to these uses (as specified in Chapter 4.3 - Accessory Development Regulations). a. Mining and Processing - Surface or subsurface mining of metallic and nonmetallic minerals, oil, or gas, together with essential on-site processing and production of only nonmetallic mineral products. Typical uses are borrow pits, oil and gas drilling rigs, and concrete batch plants. 3.1-1 LDC December 18, 2000 CHAPTER 3.1 LOW DENSITY (RS-3.5) ZONE Section 3.1.10 - PURPOSE This zone implements the Low Density Residential Comprehensive Plan designation, which allows from two to six dwelling units per acre. The RS-3.5 Zone is retained to provide land use and development standards for areas of the City that were zoned RS-3.5 and platted to urban densities as of December 31, 2000. Additionally, the RS-3.5 Zone is retained for areas of the City that were zoned RS-3.5 as of December 31, 2000, and are less than or equal to 1 acre in size. No new areas shall be zoned RS-3.5 and no existing zones shall be changed to RS-3.5. Section 3.1.20 - PERMITTED USES 3.1.20.01 - Ministerial Development a. Primary Uses Permitted Outright 1. Residential Use Types (a) Family 2. Residential Building Types (a) Single Detached 3. Civic Use Types (a) Community Recreation (b) Public Safety Services b. Accessory Uses Permitted Outright 1. Accessory Dwelling Units subject to provisions in section 4.9.40 of Chapter 4.9 - Additional Provisions 2. Colocated/attached wireless telecommunication facilities on nonresidential structures that do not increase the height of the existing structures, subject to the standards in Chapter 4.9 3. Essential Services 4. Day Care, Family, as defined in Chapter 1.6 3.1-2 LDC December 18, 2000 5. Home Business, as defined in Chapter 1.6 6. Horticulture (personal use) 7. Model Dwelling Units 8. Other development customarily incidental to the primary use in accordance with Chapter 4.3 - Accessory Development Regulations 9. Required off-street parking for uses permitted in this zone in accordance with Chapter 4.1 - Parking, Loading, and Access Requirements 10. Sports and Recreation (personal use) 11. Tree, Row, and Field Crops (personal use) 3.1.20.02 - Special Development a. Conditional Development - Subject to review in accordance with Chapter 2.3 - Conditional Development and all other applicable provisions of this Code. 1. Colocated/attached wireless telecommunication facilities on nonresidential structures that increase the height of the existing structures, subject to the standards in Chapter 4.9 - Additional Provisions 2. Day Care, Commercial Facility, as defined in Chapter 1.6 3. Cultural Exhibits and Library Services 4. Freestanding wireless telecommunication facilities, subject to the standards in Chapter 4.9 5. Funeral and Interment Services (interring and cemeteries only) 6. Lodges, Fraternal and Civil Assembly 7. Major Services and Utilities 8. Minor Utilities subject to standards in Chapter 4.9 9. Participant Sports and Recreation (Indoor and Outdoor) 10. Religious Assembly 3.1-3 LDC December 18, 2000 11. Schools 3.1.20.03 - General Development a. Plan Compatibility Review - Subject to review in accordance with Chapter 2.13 - Plan Compatibility Review and other applicable provisions of this Code. 1. Projections such as chimneys, spires, domes, and towers not used for human occupancy and exceeding 20 ft. over the height of the structure or 40 ft. in height, whichever is less, in accordance with section 4.9.50 of Chapter 4.9 - Additional Provisions. Note: Flagpoles are subject to height requirements in section 4.7.70.b of Chapter 4.7 - Sign Regulations. 2. Development consistent with the development standards of the RS-5 Zone, provided adherence to the standards in Chapter 4.10 - Pedestrian Oriented Design Standards and provided that the housing types and land uses are consistent with the RS-3.5 Zone. Table 3.1-1 Section 3.1.30 - RS-3.5 DEVELOPMENT STANDARDS Standard a. Minimum Density 2 units per acre b. Maximum Density 6 units per acre c. Minimum Lot Area 8,000 sq. ft. d. Minimum Average Lot Width 65 ft. e. Minimum Setbacks** 1. Front yard 2. Rear yard 3. Side yard (interior) 4. Corner lot 15 ft. (unenclosed porches may encroach into front yards up to a maximum of 6 ft.) 25 ft. 8 ft. 20 ft. on side abutting street (and vision clearance in accordance with section 4.1.40.c) 3.1-4 LDC December 18, 2000 f. Minimum Garage/Carport Setbacks 1. Garage/carport entrance parallel to street 2. Garage/carport entrance sideways/perpendicular to the street 19 ft. 15 ft. Setbacks from alleys in accordance with section 4.0.60.j of Chapter 4.0 Garages/carports are also subject to the provisions in Chapter 4.10 - Pedestrian Oriented Design Standards g. Minimum Setbacks from Properties Zoned Agricultural- Open Space (AG-OS) When residential development is proposed next to AG-OS land, a minimum 50-ft.-wide continuous plant or plant/berm buffer is required. Additionally, the minimum setback adjacent to AG-OS is 100 ft. It is the applicant’s responsibility to provide the buffer. h. Maximum Structure Height 30 ft., not to exceed a solar envelope approved under chapters 2.18 or 4.6 i. Maximum Building Site Coverage None j. Off-Street Parking See Chapter 4.1 **Outdoor components associated with heat pumps and similar equipment for residential structures shall not be placed within any required setback area. When located outside a setback area, but within 5 - 10 ft. of a property line, such equipment shall be screened on all sides with a solid fence or wall at least 1 ft. higher than the equipment. When located outside a setback area, but greater than 10 ft. from a property line, such equipment requires no screening. Equipment screening requirements for nonresidential structures shall be in accordance with Chapter 4.2. Section 3.1.40 - GREEN AREA REQUIREMENTS a. A minimum of 50 percent of the gross lot area shall be retained and improved or maintained as permanent green area (landscaping, unprotected preservation areas, and/or pedestrian amenities such as sidewalks, plazas, multi-use paths, patios, decks, etc.). A minimum of 15 percent of the gross lot area shall consist of vegetation (landscaping or naturally preserved vegetation). b. Landscaping within the required green area shall be permanently maintained in accordance with Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting. Landscaping shall primarily consist of ground cover, ferns, trees, shrubs, or other living plants with sufficient irrigation to properly maintain all vegetation. Drought-tolerant plant materials are encouraged. Design 3.1-5 LDC December 18, 2000 elements such as internal sidewalks, pedestrian seating areas, fountains, pools, sculptures, planters, and similar amenities may also be placed within the permanent green areas. c. Within the required green area for single-family dwellings, a private outdoor space equal to at least 10 percent of the total lot area per dwelling unit shall be designed to be viewable and accessed by the interior space via doors and windows. These private outdoor space requirements may be met by providing private side or rear yard areas, or patios. Section 3.1.50 - COMPLIANCE WITH PEDESTRIAN ORIENTED DESIGN STANDARDS OF CHAPTER 4.10 3.1.50.01 - Required Compliance The pedestrian oriented design standards of Chapter 4.10 shall apply to the following types of development in the RS-3.5 Zone: a. All new buildings or structures for which a valid permit application has been submitted after December 31, 2000; b. Developments subject to Conditional Development and/or Planned Development approval, as required by a condition(s) of approval(s); and c. Independent or cumulative expansions of a nonresidential structure in existence and in compliance with this Code on December 31, 2000, or constructed after December 31, 2000 pursuant to a valid Conceptual or Detailed Development Plan approved on or before December 31, 2000, shall comply with the pedestrian requirements of Chapter 4.10 - Pedestrian Oriented Design Standards, sections 4.10.70.02 through 4.10.70.05, with allowances for choices among some standards as identified in 4.10.70.01, provided that: 1. The expansion adds floor area of more than 3,000 sq. ft.; or 2. The expansion adds floor area of more than 500 sq. ft. and is equivalent to more than 20 percent of the existing structure's gross floor area. 3.1.50.02 - Exceptions to Compliance Independent or cumulative expansions of a nonresidential structure in existence and in compliance with this Code on December 31, 2000, or constructed after December 31, 2000 pursuant to a valid Conceptual or Detailed Development Plan approved on or before December 31, 2000, shall not be required to comply with the design standards of Chapter 4.10 provided that: 3.1-6 LDC December 18, 2000 a. The expansion adds floor area of 500 sq. ft. or less; or b. The expansion adds floor area of 3,000 sq. ft. or less and is equivalent to 20 percent or less of the existing structure's gross floor area. Section 3.1.60 - VARIATIONS Variations from development and design standards (i.e., standards this chapter and in other Code chapters that discuss parking, landscaping, public improvements, and pedestrian oriented design standards) may be allowed through the Planned Development and Lot Development Option processes outlined in chapters 2.5 and 2.12 of the Code, respectively. LDC December 18, 20003.2-1 CHAPTER 3.2 LOW DENSITY (RS-5) ZONE Section 3.2.10 - PURPOSE This zone implements the Low Density Residential Comprehensive Plan designation, which allows from two to six dwelling units per acre. The RS-5 Zone is retained to provide land use and development standards for areas of the City that were zoned RS-5 and platted to urban densities as of December 31, 2000. Additionally, the RS-5 Zone is retained for areas of the City that were zoned RS-5 as of December 31, 2000 and are less than or equal to 1 acre in size. The RS-5 Zone also applies to single-family residential areas greater than 1 acre in size and that were zoned RS-3.5 at the time of adoption of this Code. The RS-5 Zone is intended to provide opportunities for a broader range of lot sizes and housing types, consistent with Comprehensive Plan policies that support comprehensive neighborhoods and affordable housing. Section 3.2.20 - PERMITTED USES 3.2.20.01 - Ministerial Development a. Primary Uses Permitted Outright 1. Residential Use Types (a) Family 2. Residential Building Types (a) Single Detached (b) Single Detached (Zero Lot Line) (c) Single Attached (Zero Lot Line, 2 units) (d) Attached (Townhouse, 3 units) (e) Duplex (f) Multi-Dwelling (Triplex only) 3. Civic Use Types (a) Community Recreation LDC December 18, 20003.2-2 (b) Postal Services - Customer (c) Public Safety Services b. Accessory Uses Permitted Outright 1. Accessory Dwelling Units subject to provisions in section 4.9.40 of Chapter 4.9 - Additional Provisions 2. Colocated/attached wireless telecommunication facilities on nonresidential structures that do not increase the height of the existing structures, subject to the standards in Chapter 4.9 3. Essential Services 4. Day Care, Family, as defined in Chapter 1.6 5. Home Business, as defined in Chapter 1.6 6. Horticulture (personal use) 7. Model Dwelling Units 8. Other development customarily incidental to the primary use in accordance with Chapter 4.3 - Accessory Development Regulations 9. Required off-street parking for uses permitted in this zone in accordance with Chapter 4.1 - Parking, Loading, and Access Requirements 10. Sports and Recreation (personal use) 11. Tree, Row, and Field Crops (personal use) 3.2.20.02 - Special Development a. Conditional Development - Subject to review in accordance with Chapter 2.3 - Conditional Development and all other applicable provisions of this Code. 1. Colocated/attached wireless telecommunication facilities on nonresidential structures that increase the height of the existing structures, subject to the standards in Chapter 4.9 - Additional Provisions 2. Day Care, Commercial Facility, as defined in Chapter 1.6 LDC December 18, 20003.2-3 3. Cultural Exhibits and Library Services 4. Freestanding wireless telecommunication facilities, subject to the standards in Chapter 4.9 5. Funeral and Interment Services (interring and cemeteries only) 6. Group Residential 7. Group Residential/Group Care 8. Lodges, Fraternal and Civil Assembly 9. Major Services and Utilities 10. Minor Utilities subject to standards in Chapter 4.9 11. Participant Sports and Recreation (Indoor and Outdoor) 12. Religious Assembly 13. Residential Care Facilities 14. Schools 3.2.20.03 - General Development a. Plan Compatibility Review - Subject to review in accordance with Chapter 2.13 - Plan Compatibility Review and other applicable provisions of this Code. 1. Projections such as chimneys, spires, domes, and towers not used for human occupancy and exceeding 20 ft. over the height of the structure or 40 ft. in height, whichever is less, in accordance with section 4.9.50 of Chapter 4.9 - Additional Provisions. Note: Flagpoles are subject to height requirements in section 4.7.70.b of Chapter 4.7 - Sign Regulations. 1 Prior to building permit approval, the applicant shall submit a recorded easement between the subject property and abutting lot next to the yard having the zero setback. This easement shall be sufficient to guarantee rights for maintenance purposes of structures and yard, but in no case shall it be less than 5 ft. in width. LDC December 18, 20003.2-4 Table 3.2-1 Section 3.2.30 - RS-5 DEVELOPMENT STANDARDS Standard a. Minimum Density 2 units per acre for existing platted lots as of December 31, 2000; however, all new residential subdivisions and planned developments in this zone shall achieve a minimum density of 3 units per dwelling acre b. Maximum Density 6 units per acre c. Minimum Lot Area 1. Single Detached and Attached 2. Duplex 3. Triplex 6,000 sq. ft. 8,000 sq. ft. 12,000 sq. ft. d. Minimum Lot Width 1. Single Detached and Attached 2. Duplex 3. Triplex 60 ft. 80 ft. 120 ft. e. Minimum Setbacks (all building types)** 1. Front yard 2. Rear yard 3. Side yard (a) Single Detached (b) Single Attached and Zero Lot Line Detached (c) Duplex and Triplex 4. Corner lot 15 ft. (unenclosed porches may encroach into front yards up to a maximum of 6 feet) 15 ft. 5 ft. minimum each side yard 0 ft. one side; 8 ft. minimum on opposite side1 10 ft. minimum each side (interior attached townhouses exempt from interior side yard setbacks) 15 ft. on side abutting the street (and vision clearance in accordance with section 4.1.40.c) 2 Includes area occupied by buildings, parking, and circulation of automobiles. LDC December 18, 20003.2-5 f. Minimum Garage/Carport Setbacks 1. Garage/carport entrance parallel to street 2. Garage/carport entrance sideways/perpendicular to street 19 ft. 15 ft. Setbacks from alleys in accordance with section 4.0.60.j Garages/carports are also subject to the provisions in Chapter 4.10 - Pedestrian Oriented Design Standards g. Setbacks from Properties Zoned Agricultural-Open Space (AG-OS) When residential development is proposed next to AG-OS land, a minimum 50-ft.-wide continuous plant or plant/berm buffer is required. Additionally, the minimum setback adjacent to AG-OS is 100 ft. It is the applicant’s responsibility to provide the buffer. h. Maximum Structure Height 30 ft., not to exceed a solar envelope approved under chapters 2.18 or 4.6 i. Maximum Lot Coverage2 50 percent of lot area maximum; interior attached townhouses exempt from this provision j. Off-Street Parking See Chapter 4.1 **Outdoor components associated with heat pumps and similar equipment for residential structures shall not be placed within any required setback area. When located outside a setback area, but within 5 - 10 ft. of a property line, such equipment shall be screened on all sides with a solid fence or wall at least 1 ft. higher than the equipment. When located outside a setback area, but greater than 10 ft. from a property line, such equipment requires no screening. Equipment screening requirements for nonresidential structures shall be in accordance with Chapter 4.2. Section 3.2.40 - GREEN AREA REQUIREMENTS a. A minimum of 50 percent of the gross lot area (or a minimum of 30 percent for center-unit townhouses on interior lots) shall be retained and improved or maintained as permanent green area (landscaping, unprotected preservation areas, and/or pedestrian amenities such as sidewalks, plazas, multi-use paths, patios, decks, etc.). A minimum of 15 percent of the gross lot area shall consist of vegetation (landscaping or naturally preserved vegetation). b. Landscaping within the required green area shall be permanently maintained in accordance with Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting. Landscaping shall primarily consist of ground LDC December 18, 20003.2-6 cover, ferns, trees, shrubs, or other living plants with sufficient irrigation to properly maintain all vegetation. Drought-tolerant plant materials are encouraged. Design elements such as internal sidewalks, pedestrian seating areas, fountains, pools, sculptures, planters, and similar amenities may also be placed within the permanent green areas. c. Within the required green area for single-family dwellings (attached and detached) and duplexes, a private outdoor space equal to at least 10 percent of the total lot area per dwelling unit shall be designed to be viewable and accessed by the interior space via doors and windows. Within the required green area for multi- dwellings, a private outdoor space equal to at least 48 sq. ft. per dwelling unit shall be designed to be viewable and accessed by the interior space via doors and windows. These private outdoor space requirements may be met by providing private side or rear yard areas, patios, and/or balconies for dwelling units. Section 3.2.50 - MIX OF HOUSING TYPES A mix of permitted housing types is encouraged in the RS-5 Zone and shall be required for larger development projects in the zone. To promote such a mix, developments greater than 5 acres in size shall comply with the variety of housing types requirements outlined in Chapter 4.9 - Additional Provisions. Section 3.2.60 - COMPLIANCE WITH PEDESTRIAN ORIENTED DESIGN STANDARDS OF CHAPTER 4.10 3.2.60.01 - Required Compliance The pedestrian oriented design standards of Chapter 4.10 shall apply to the following types of development in the RS-5 Zone: a. All new buildings or structures for which a valid permit application has been submitted after December 31, 2000; b. Developments subject to Conditional Development and/or Planned Development approval, as required by a condition(s) of approval(s); and c. Independent or cumulative expansions of a nonresidential structure in existence and in compliance with this Code on December 31, 2000, or constructed after December 31, 2000 pursuant to a valid Conceptual or Detailed Development Plan approved on or before December 31, 2000, shall comply with the pedestrian requirements of Chapter 4.10 - Pedestrian Oriented Design Standards, sections 4.10.70.02 through 4.10.70.05, with allowances for choices among some standards as identified in 4.10.70.01, provided that: 1. The expansion adds floor area of more than 3,000 sq. ft.; or LDC December 18, 20003.2-7 2. The expansion adds floor area of more than 500 sq. ft. and is equivalent to more than 20 percent of the existing structure's gross floor area. 3.2.60.02 - Exceptions to Compliance Independent or cumulative expansions of a nonresidential structure in existence and in compliance with this Code on December 31, 2000, or constructed after December 31, 2000 pursuant to a valid Conceptual or Detailed Development Plan approved on or before December 31, 2000, shall not be required to comply with the design standards of Chapter 4.10 provided that: a. The expansion adds floor area of 500 sq. ft. or less; or b. The expansion adds floor area of 3,000 sq. ft. or less and is equivalent to 20 percent or less of the existing structure's gross floor area. Section 3.2.70 - VARIATIONS Variations from development and design standards (i.e., standards in this chapter and in other Code chapters that discuss parking, landscaping, public improvements, and pedestrian oriented design standards) may be allowed through the Planned Development and Lot Development Option processes outlined in chapters 2.5 and 2.12 of the Code. LDC December 18, 20003.3-1 CHAPTER 3.3 LOW DENSITY (RS-6) ZONE Section 3.3.10 - PURPOSE This is the primary zone that implements the Low Density Residential Comprehensive Plan designation, which allows from two to six dwelling units per acre. The RS-6 Zone is intended to accommodate a broad range of lot sizes and varied housing types within the established density range. This variety is consistent with Comprehensive Plan policies that support comprehensive neighborhoods and affordable housing. The RS-6 Zone also permits smaller lots than generally allowed in the RS-3.5 and RS-5 zones, and encourages greater efficiencies in the provision of streets, utilities, and usable green area. The RS-6 Zone shall be applied to all lands zoned RS-6 as of the adoption of this Code, as well as all future Low Density Residential lands. Additionally, the RS-6 Zone applies to single-family residential areas that are unplatted, greater than 1 acre in size, and that were zoned RS-5 at the time of adoption of this Code. Section 3.3.20 - PERMITTED USES 3.3.20.01 - Ministerial Development a. Primary Uses Permitted Outright 1. Residential Use Types (a) Family (b) Group Residential (12 or fewer persons) (c) Group Residential/Group Care (12 or fewer persons) (d) Residential Care Facilities (12 or fewer persons) 2. Residential Building Types (a) Single Detached (b) Single Detached (Zero Lot Line) (c) Single Attached (Zero Lot Line, 2 units) (d) Attached (Townhouse, 3-5 units) (e) Duplex LDC December 18, 20003.3-2 (f) Multi-Dwelling (Triplex and Fourplex only) 3. Civic Use Types (a) Community Recreation (b) Postal Services - Customer (c) Public Safety Services b. Accessory Uses Permitted Outright 1. Accessory Dwelling Units subject to provisions in section 4.9.40 of Chapter 4.9 - Additional Provisions 2. Colocated/attached wireless telecommunication facilities on nonresidential structures that do not increase the height of the existing structures, subject to the standards in Chapter 4.9 3. Essential Services 4. Day Care, Family, as defined in Chapter 1.6 5. Home Business, as defined in Chapter 1.6 6. Horticulture (personal use) 7. Model Dwelling Units 8. Other development customarily incidental to the primary uses in accordance with Chapter 4.3 - Accessory Development Regulations 9. Sports and Recreation (personal use) 10. Tree, Row, and Field Crops (personal use) 3.3.20.02 - Special Development a. Conditional Development - Subject to review in accordance with Chapter 2.3 - Conditional Development and all other applicable provisions of this Code. 1. Colocated/attached wireless telecommunication facilities on nonresidential structures that increase the height of the existing structures, subject to the standards in Chapter 4.9 - Additional Provisions 2. Day Care, Commercial Facility, as defined in Chapter 1.6 LDC December 18, 20003.3-3 3. Cultural Exhibits and Library Services 4. Freestanding wireless telecommunication facilities, subject to the standards in Chapter 4.9 5. Funeral and Interment Services (interring and cemeteries only) 6. Group Residential (more than 12 persons) 7. Group Residential/Group Care (more than 12 persons) 8. Lodges, Fraternal and Civic Assembly 9. Major Services and Utilities 10. Minor Utilities subject to standards in Chapter 4.9 11. Participant Sports and Recreation (Indoor and Outdoor) 12. Religious Assembly 13. Residential Care Facilities (more than 12 persons) 14. Schools 3.3.20.03 - General Development a. Plan Compatibility Review - Subject to review in accordance with Chapter 2.13 - Plan Compatibility Review and other applicable provisions of this Code. 1. Projections such as chimneys, spires, domes, and towers not used for human occupancy and exceeding 20 ft. over the height of the structure or 40 ft. in height, whichever is less, in accordance with section 4.9.50 of Chapter 4.9 - Additional Provisions. Note: Flagpoles are subject to height requirements in section 4.7.70.b of Chapter 4.7 - Sign Regulations. LDC December 18, 20003.3-4 Table 3.3-1 Section 3.3.30 - RS-6 DEVELOPMENT STANDARDS Standard a. Minimum Density 2 units per acre for existing platted lots as of December 31, 2000; however, all new residential subdivisions and planned developments in this zone shall achieve a minimum density of 4 dwelling units per acre b. Maximum Density 6 units per acre c. Minimum Lot Area 1. Single Detached 2. Single Attached 3. Duplex 4. Triplex 5. Fourplex Developments greater than 5 acres in size in this zone shall provide a minimum of 10 percent of the residential lots within the range of 2,500 - 3,500 sq. ft. Remaining lots within the development shall achieve the minimum lot sizes listed below: 3,500 sq. ft. 2,500 sq. ft. 5,000 sq. ft. 7,500 sq. ft. 10,000 sq. ft. d. Minimum Lot Width 1. Single Detached with alley access to garage 2. Single Detached with street access to garage 3. Single Attached 4. Duplex 5. Triplex 6. Fourplex 40 ft. 50 ft. 25 ft. 50 ft. 75 ft. 100 ft. LDC December 18, 20003.3-5 e. Setbacks** 1. Front yard 2. Rear yard 3. Side yard (a) Single Detached (b) Single Attached and Zero Lot Line Detached (c) Duplex, Triplex and Fourplex 4. Corner lot 10 ft. minimum; 25 ft. maximum (unenclosed porches may encroach into front yards, provided that a minimum front yard of 5 ft. is maintained) 5 ft. minimum and each lot must have a minimum 15 ft. usable yard either on the side or rear of the dwelling 5 ft. minimum each side yard 0 ft. one side; 8 ft. minimum on opposite side1 10 ft. minimum each side (interior attached townhouses exempt from interior side yard setbacks) 10 ft. minimum on side abutting the street, vision clearance areas in accordance with section 4.1.40.c f. Minimum Garage/Carport Setbacks 1. Garage/carport entrance parallel to street 2. Garage/carport entrance sideways/perpendicular to street 19 ft. 10 ft. Setbacks from alleys in accordance with section 4.0.60.j Garages/carports are also subject to the provisions in Chapter 4.10 - Pedestrian Oriented Design Standards g. Setbacks from Properties Zoned Agricultural-Open Space (AG-OS) When residential development is proposed next to AG-OS land, a minimum 50-ft.-wide continuous plant or plant/berm buffer is required. Additionally, the minimum setback adjacent to AG-OS is 100 ft. It is the applicant’s responsibility to provide the buffer. h. Maximum Structure Height 30 ft., not to exceed a solar envelope approved under chapters 2.18 or 4.6 i. Maximum Lot Coverage2 60 percent of lot area maximum; interior attached townhouses exempt from this provision j. Off-Street Parking See Chapter 4.1 LDC December 18, 20003.3-6 **Outdoor components associated with heat pumps and similar equipment for residential structures shall not be placed within any required setback area. When located outside a setback area, but within 5 - 10 ft. of a property line, such equipment shall be screened on all sides with a solid fence or wall at least 1 ft. higher than the equipment. When located outside a setback area, but greater than 10 ft. from a property line, such equipment requires no screening. Equipment screening requirements for nonresidential structures shall be in accordance with Chapter 4.2. Section 3.3.40 - GREEN AREA REQUIREMENTS a. A minimum of 40 percent of the gross lot area (or a minimum of 20 percent for center-unit townhouses on interior lots) shall be retained and improved or maintained as permanent green area (landscaping, unprotected preservation areas, and/or pedestrian amenities such as sidewalks, plazas, multi-use paths, patios, decks, etc.). A minimum of 15 percent of the gross lot area (or a minimum of 10 percent for center-unit townhouses on interior lots) shall consist of vegetation (landscaping or naturally preserved vegetation). b. Landscaping within the required green area shall be permanently maintained in accordance with Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting. Landscaping shall primarily consist of ground cover, ferns, trees, shrubs, or other living plants with sufficient irrigation to properly maintain all vegetation. Drought-tolerant plant materials are encouraged. Design elements such as internal sidewalks, pedestrian seating areas, fountains, pools, sculptures, planters, and similar amenities may also be placed within the permanent green areas. c. Within the required green area for single-family dwellings (attached and detached) and duplexes, a private outdoor space equal to at least 10 percent of the total lot area per dwelling unit shall be designed to be viewable and accessed by the interior space via doors and windows. Within the required green area for multi- dwellings, a private outdoor space equal to at least 48 sq. ft. per dwelling unit shall be designed to be viewable and accessed by the interior space via doors and windows. These private outdoor space requirements may be met by providing private side or rear yard areas, patios, and/or balconies for dwelling units. Section 3.3.50 - MIX OF HOUSING TYPES A mix of permitted housing types is encouraged in the RS-6 Zone and shall be required for larger development projects in the zone. To promote such a mix, developments greater than 5 acres in size shall comply with the variety of housing types requirements outlined in Chapter 4.9 - Additional Provisions. Section 3.3.60 - COMPLIANCE WITH PEDESTRIAN ORIENTED DESIGN STANDARDS OF CHAPTER 4.10. 3.3.60.01 - Required Compliance The pedestrian oriented design standards of Chapter 4.10 shall apply to the LDC December 18, 20003.3-7 following types of development in the RS-3.5 Zone: a. All new buildings or structures for which a valid permit application has been submitted after December 31, 2000; b. Developments subject to Conditional Development and/or Planned Development approval, as required by a condition(s) of approval(s); and c. Independent or cumulative expansions of a nonresidential structure in existence and in compliance with this Code on December 31, 2000, or constructed after December 31, 2000 pursuant to a valid Conceptual or Detailed Development Plan approved on or before December 31, 2000, shall comply with the pedestrian requirements of Chapter 4.10 - Pedestrian Oriented Design Standards, sections 4.10.70.02 through 4.10.70.05, with allowances for choices among some standards as identified in 4.10.70.01, provided that: 1. The expansion adds floor area of more than 3,000 sq. ft.; or 2. The expansion adds floor area of more than 500 sq. ft. and is equivalent to more than 20 percent of the existing structure's gross floor area. 3.3.60.02 - Exceptions to Compliance Independent or cumulative expansions of a nonresidential structure in existence and in compliance with this Code on December 31, 2000, or constructed after December 31, 2000 pursuant to a valid Conceptual or Detailed Development Plan approved on or before December 31, 2000, shall not be required to comply with the design standards of Chapter 4.10 provided that: a. The expansion adds floor area of 500 sq. ft. or less; or b. The expansion adds floor area of 3,000 sq. ft. or less and is equivalent to 20 percent or less of the existing structure's gross floor area. Section 3.3.70 - VARIATIONS Variations from development and design standards (i.e., the standards in this chapter and in other chapters addressing parking, landscaping, public improvements, and pedestrian oriented design standards) may be achieved through the Planned Development and Lot Development Option processes outlined in chapters 2.5 and 2.12 of the Code. LDC December 18, 20003.4-1 CHAPTER 3.4 MEDIUM DENSITY (RS-9) ZONE Section 3.4.10 - PURPOSE This zone is the primary zone that implements the Medium Density Residential Comprehensive Plan designation, which allows from six to 12 dwelling units per acre. It is intended to provide areas where single detached, single attached, duplex, triplex, and fourplex units and townhouses may be constructed under various ownership patterns. The zone provides a higher density and more intensive use of land than the Low Density Residential zones. The RS-9 Zone is intended to achieve efficiencies in provision of streets and utilities, and to encourage provision of usable green area. Section 3.4.20 - PERMITTED USES 3.4.20.01 - Ministerial Development a. Primary Uses Permitted Outright 1. Residential Use Types (a) Family (b) Fraternities and Sororities existing prior to December 31, 2000, in accordance with section 3.4.60 below (c) Group Residential (12 or fewer persons) (d) Group Residential (more than 12 persons) existing prior to December 31, 2000, in accordance with section 3.4.60 below (e) Group Residential/Group Care (12 or fewer persons) (f) Group Residential/Group Care (more than 12 persons) existing prior to December 31, 2000, in accordance with section 3.4.60 below (g) Residential Care Facilities (12 or fewer persons) 2. Residential Building Types (a) Single Detached (b) Single Detached (Zero Lot Line) (c) Single Attached (Zero Lot Line, 2 units) (d) Attached (Townhouse, 3-5 units) LDC December 18, 20003.4-2 (e) Duplex (f) Manufactured Dwelling Park in accordance with Chapter 4.8 - Manufactured Dwelling Facility Standards (g) Multi-Dwelling (Triplex and Fourplex only) (h) North Campus Area only: Multi-Dwellings (more than 4 units) existing prior to December 31, 2000 in accordance with section 3.4.60 below 3. Civic Use Types (a) Community Recreation (b) Postal Services - Customer (c) Public Safety Services 4. Commercial Use Types (a) Offices, as defined in Chapter 1.6, and existing prior to December 31, 2000. Expansions shall be subject to Conditional Development Review, as noted in section 3.4.20.02 below b. Accessory Uses Permitted Outright 1. Accessory Dwelling Units subject to provisions in section 4.9.40 of Chapter 4.9 - Additional Provisions 2. Collocated/attached wireless telecommunication facilities on nonresidential structures that do not increase the height of the existing structures, subject to the standards in Chapter 4.9 - Additional Provisions 3. Essential Services 4. Day Care, Family, as defined in Chapter 1.6 5. Home Business, as defined in Chapter 1.6 6. Horticulture (personal use) 7. Model Dwelling Units 8. Other development customarily incidental to the primary use in accordance with Chapter 4.3 - Accessory Development Regulations 9. Required off-street parking for uses permitted in the zone in LDC December 18, 20003.4-3 accordance with Chapter 4.1 - Parking, Loading, and Access Requirements 10. Sports and Recreation (personal use) 11. Tree, Row, and Field Crops (personal use) 3.4.20.02 - Special Development a. Conditional Development - Subject to review in accordance with Chapter 2.3 - Conditional Development and all other applicable provisions of this Code. 1. Collocated/attached wireless telecommunication facilities on nonresidential structures that increase the height of the existing structures, subject to the standards in Chapter 4.9 - Additional Provisions 2. Day Care, Commercial Facility, as defined in Chapter 1.6 3. Construction/Roofing Storage and Sales existing prior to December 31, 2000 4. Conversion of structure to Professional and Administrative Services use type in accordance with section 3.4.50 5. Cultural Exhibits and Library Services 6. Fraternities and Sororities 7. Freestanding wireless telecommunication facilities, subject to the standards in Chapter 4.9 8. Funeral and Interment Services (interring and cemeteries only) 9. Group Residential (more than 12 persons) 10. Group Residential/Group Care (more than 12 persons) 11. Lodges, Fraternal and Civic Assembly 12. Major Services and Utilities 13. Minor Utilities subject to standards in Chapter 4.9 14. Expansion of Offices, as defined in Chapter 1.6, existing prior to December 31, 2000 15. Participant Sports and Recreation (Indoor and Outdoor) LDC December 18, 20003.4-4 16. Religious Assembly 17. Residential Care Facilities (more than 12 persons) 18. Schools 3.4.20.03 - General Development a. Plan Compatibility Review - Subject to review in accordance with Chapter 2.13 - Plan Compatibility Review and all other applicable provisions of this Code. 1. Projections such as chimneys, spires, domes, and towers not used for human occupancy and exceeding 20 ft. over the height of the structure or 40 ft. in height, whichever is less, in accordance with section 4.9.50 of Chapter 4.9 - Additional Provisions. Note: Flagpoles are subject to height requirements in section 4.7.70.b of Chapter 4.7 - Sign Regulations. Table 3.4-1 Section 3.4.30 - RS-9 DEVELOPMENT STANDARDS Standard a. Minimum Density 6 units per acre (applies to the creation of land divisions) b. Maximum Density 12 units per acre (applies to the creation of land divisions) c. Minimum Lot Area 1. Single Detached 2. Single Attached 3. Duplex 4. Triplex 5. Fourplex 3,500 sq. ft. 2,500 sq. ft. 5,000 sq. ft. 7,500 sq. ft. 10,000 sq. ft. d. Minimum Lot Width 1. Single Detached with alley access to garage 2. Single Detached with street access to garage 3. Single Attached 4. Duplex 5. Triplex 6. Fourplex 40 ft. 50 ft. 25 ft. 50 ft. 75 ft. 100 ft. 1 Prior to building permit approval the applicant shall submit a recorded easement between the subject property and abutting lot next to the yard having the zero setback. This easement shall be sufficient to guarantee rights for maintenance purposes of structures and yard, but in no case shall it be less than 5 ft. in width. LDC December 18, 20003.4-5 e. Setbacks** 1. Front yard 2. Rear yard and Side yards (interior attached townhouses exempt from interior side yard setbacks) (a) Single Detached (b) Single Attached and Zero Lot Line Detached (c) Duplex, Triplex and Fourplex (d) Abutting a more restrictive zone 3. Corner Lot 10 ft. minimum; 25 ft. maximum (unenclosed porches may encroach into front yards, provided that a minimum front yard of 5 ft. is maintained) 5 ft. minimum and each lot must have a minimum 15-ft. usable yard either on the side or rear of each dwelling. Additionally, the setbacks listed below apply for side yards not being used as the usable yard described above: 5 ft. minimum each side yard 0 ft. one side; 8 ft. minimum on opposite side1 10 ft. minimum each side 10 ft. minimum 10 ft. minimum on side abutting the street, vision clearance areas in accordance with 4.1.40.c f. Minimum Garage/Carport Setbacks 1. Garage/carport entrance facing/parallel to the street 2. Garage/carport entrance sideways/perpendicular to street 19 ft. minimum 10 ft. minimum Setbacks from alleys in accordance with section 4.0.60.j Garages/carports are also subject to the provisions in Chapter 4.10 - Pedestrian Oriented Design Standards g. Setbacks from Properties Zoned Agricultural-Open Space (AG-OS) When residential development is proposed next to AG-OS land, a minimum 50-ft.-wide continuous plant or plant/berm buffer is required. Additionally, the minimum setback adjacent to AG-OS is 100 ft. It is the applicant’s responsibility to provide the buffer. 2 Includes area occupied by buildings, parking, and circulation of automobiles. LDC December 18, 20003.4-6 h. Maximum Structure Height 30 ft., not to exceed a solar envelope approved under chapters 2.18 or 4.6 i. Maximum Lot Coverage2 70 percent of lot area maximum; interior attached townhouses exempt from this provision Green area is calculated per lot. j. Off-Street Parking See Chapter 4.1 **Outdoor components associated with heat pumps and similar equipment for residential structures shall not be placed within any required setback area. When located outside a setback area, but within 5 - 10 ft. of a property line, such equipment shall be screened on all sides with a solid fence or wall at least 1 ft. higher than the equipment. When located outside a setback area, but greater than 10 ft. from a property line, such equipment requires no screening. Equipment screening requirements for nonresidential structures shall be in accordance with Chapter 4.2. Section 3.4.40 - GREEN AREA REQUIREMENTS a. A minimum of 30 percent of the gross lot area (or a minimum of 20 percent for center-unit townhouses on interior lots) shall be retained and improved or maintained as permanent green area (landscaping, unprotected preservation areas, and/or pedestrian amenities such as sidewalks, plazas, multi-use paths, patios, decks, etc.) to ensure that the 70 percent maximum lot/site coverage standard of section 3.4.30 is met. A minimum of 15 percent of the gross lot area (or a minimum of 10 percent for center-unit townhouses on interior lots) shall consist of vegetation (landscaping or naturally preserved vegetation). b. Landscaping within the required green area shall be permanently maintained in accordance with Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting. Landscaping shall primarily consist of ground cover, ferns, trees, shrubs, or other living plants with sufficient irrigation to properly maintain all vegetation. Drought-tolerant plant materials are encouraged. Design elements such as internal sidewalks, pedestrian seating areas, fountains, pools, sculptures, planters, and similar amenities may also be placed within the permanent green areas. c. Within the required green area for single-family dwellings (attached and detached) and duplexes, a private outdoor space equal to at least 10 percent of the total lot area per dwelling unit shall be designed to be viewable and accessed by the interior space via doors and windows. Within the required green area for multi- dwellings, a private outdoor space equal to at least 48 sq. ft. per dwelling unit shall be designed to be viewable and accessed by the interior space via doors and windows. These private outdoor space requirements may be met by providing private side or rear yard areas, patios, and/or balconies for dwelling units. Section 3.4.50 - CONVERSION OF A STRUCTURE TO A PROFESSIONAL AND ADMINISTRATIVE SERVICES USE TYPE LDC December 18, 20003.4-7 The predominate purpose of the RS-9 Zone is to retain residential unit availability; however, within the zone there are structures that, due primarily to their size, condition, or age, cannot be successfully, economically, and fully utilized for residential use. Therefore, the City may allow conversion through a Conditional Development in accordance with Chapter 2.3 to the "Professional and Administrative Services" use type, using the review criteria below. 3.4.50.01 - Size Limitation Structures must be 4,000 sq. ft. or more and built before December 31, 2000. 3.4.50.02 - Burden of Proof The developer shall prove that: a. The structure cannot feasibly be used for the uses permitted in section 3.4.20 without creating undue financial hardship for both tenants and owners. This may be proved by meeting both of the following: 1. Providing factual data and information on the potential costs of using the structure for residential use (e.g., heating and cooling bills, costs of renovation and repair, continued maintenance, costs for acquisition of additional land, construction for parking, etc.) compared to estimated potential rent or purchase prices for tenants or owners; and 2. Demonstrating that an earnest effort has been made to retain the structure for residential use through established marketing procedures (e.g., advertising, brochures, telephone contact, contact with real estate and marketing professionals, etc.). OR b. It is in the best interest of the community to convert the structure to the Professional and Administrative Services use type. This may be proved by meeting both of the following: 1. Showing that the structure is included on the Corvallis Register of Historic Landmarks and Districts; and 2. Demonstrating that substantial alterations would be necessary to retain the structure for residential use and that alterations would result in the loss or reduction of historical or architectural significance. 3.4.50.03 - Development Site Design To ensure that the character of the structure and site will be preserved after LDC December 18, 20003.4-8 conversion, the applicant shall be required to submit plans (in addition to the site plan required in Chapter 2.3) that indicate the following: a. Proposed exterior facade treatment; b. Interior remodeling (showing major structural changes); c. Landscaping; d. Proposed signage; e. Changes resulting from the conversion that will upgrade the structure and site and aid in the retention of historically or architecturally significant elements; and f. Any other structural or site changes that would affect the structure's character. 3.4.50.04 - Required Off-Street Parking The City recognizes that section 3.4.50 generally applies to large structures with little or no property for off-street parking either on or off the site. Where it is found that the review criteria of Chapter 2.3 - Conditional Development have been met, the following exception to Chapter 4.1 provisions regarding the location of required parking shall be permitted: a. Off-street parking may be permitted in any adjoining blocks where adequate parking can be made available. Section 3.4.60 - REDEVELOPMENT OF EXISTING MULTI-DWELLINGS IN NORTH CAMPUS AREA Group Residential and Group Residential/Group Care use types and Multi-Dwelling building types established prior to December 31, 2000 are permitted uses and may be redeveloped. This redevelopment may occupy the same building envelope as previously existed; however, current parking standards in Chapter 4.1 - Parking, Loading, and Access Requirements shall be met even if these requirements interfere with reestablishment of the original structure. Section 3.4.70 - REDEVELOPMENT OF EXISTING OFFICES IN NORTH CAMPUS AREA Existing offices are permitted uses and may be redeveloped if desired. The redeveloped building may occupy the existing building envelope and shall meet the parking standards in Chapter 4.1, even if the parking requirements interfere with the redevelopment. Section 3.4.80 - MIX OF HOUSING TYPES LDC December 18, 20003.4-9 A mix of permitted housing types is encouraged in the RS-9 Zone and shall be required for larger development projects in the zone. To promote such a mix, developments greater than 5 acres in size shall comply with the variety of housing types requirements outlined in Chapter 4.9 - Additional Provisions. Section 3.4.90 - COMPLIANCE WITH PEDESTRIAN ORIENTED DESIGN STANDARDS OF CHAPTER 4.10. 3.4.90.01 - Required Compliance The pedestrian oriented design standards of Chapter 4.10 shall apply to the following types of development in the RS-9 Zone: a. All new buildings or structures for which a valid permit application has been submitted after December 31, 2000; b. Developments subject to Conditional Development and/or Planned Development approval, as required by a condition(s) of approval(s); and c. Independent or cumulative expansions of a nonresidential structure in existence and in compliance with this Code on December 31, 2000, or constructed after December 31, 2000 pursuant to a valid Conceptual or Detailed Development Plan approved on or before December 31, 2000, shall comply with the pedestrian requirements of Chapter 4.10 - Pedestrian Oriented Design Standards, sections 4.10.70.02 through 4.10.70.05, with allowances for choices among some standards as identified in 4.10.70.01, provided that: 1. The expansion adds floor area of more than 3,000 sq. ft.; or 2. The expansion adds floor area of more than 500 sq. ft. and is equivalent to more than 20 percent of the existing structure's gross floor area. 3.4.90.02 - Exceptions to Compliance Independent or cumulative expansions of a nonresidential structure in existence and in compliance with this Code on December 31, 2000, or constructed after December 31, 2000 pursuant to a valid Conceptual or Detailed Development Plan approved on or before December 31, 2000, shall not be required to comply with the design standards of Chapter 4.10 provided that: a. The expansion adds floor area of 500 sq. ft. or less; or b. The expansion adds floor area of 3,000 sq. ft. or less and is equivalent to 20 percent or less of the existing structure's gross floor area. LDC December 18, 20003.4-10 Section 3.4.100 - VARIATIONS Variations from development and design standards (i.e., the standards in this chapter and in other chapters addressing parking, landscaping, public improvements, and pedestrian oriented design standards) may be achieved through the Planned Development and Lot Development Option processes outlined in chapters 2.5 and 2.12 of the Code. LDC December 18, 20003.5-1 CHAPTER 3.5 MEDIUM DENSITY - UNIVERSITY (RS-9(U)) ZONE Section 3.5.10 - PURPOSE This zone implements the Medium Density Residential Comprehensive Plan designation, which allows from six to 12 dwelling units per acre. It is intended to provide areas where a variety of building types are permitted in close proximity to the University. This zone contains development standards and design options to help address compatibility issues associated with mixed residential uses. Section 3.5.20 - PERMITTED USES 3.5.20.01 - Ministerial Development a. Primary Uses Permitted Outright 1. Residential Use Types (a) Family (b) Fraternities and Sororities existing prior to December 31, 2000, in accordance with section 3.5.60 below (c) Group Residential (12 or fewer persons) (d) Group Residential (more than 12 persons) existing prior to December 31, 2000, in accordance with section 3.5.60 below (e) Group Residential/Group Care (12 or fewer persons) (f) Group Residential/Group Care (more than 12 persons) existing prior to December 31, 2000, in accordance with section 3.5.60 below (g) Residential Care Facilities (12 or fewer persons) 2. Residential Building Types (a) Single Detached (b Single Detached (Zero Lot Line) (c) Single Attached (Zero Lot Line, 2 units) (d) Attached (Townhouse, 3-5 units) LDC December 18, 20003.5-2 (e) Duplex (f) Multi-Dwelling (Triplex and Fourplex only) (g) Multi-Dwellings (more than 4 units) existing prior to December 31, 2000 in accordance with section 3.5.60 below (h) Manufactured Dwelling Park in accordance with Chapter 4.8 - Manufactured Dwelling Facility Standards 3. Civic Use Types (a) Community Recreation (b) Postal Services - Customer (c) Public Safety Services 4. Commercial Use Types (a) Offices, as defined in Chapter 1.6, existing prior to December 31, 2000. Expansions shall be subject to Conditional Development Review, as noted in section 3.5.20.02 below b. Accessory Uses Permitted Outright 1. Accessory Dwelling Units subject to provisions in section 4.9.40 of Chapter 4.9 - Additional Provisions 2. Colocated/attached wireless telecommunication facilities on nonresidential structures that do not increase the height of the existing structures, subject to the standards in Chapter 4.9 3. Essential Services 4. Day Care, Family, as defined in Chapter 1.6 5. Home Business, as defined in Chapter 1.6 6. Horticulture (personal use) 7. Model Dwelling Units 8. Other development customarily incidental to the primary use in accordance with Chapter 4.3 - Accessory Development Regulations LDC December 18, 20003.5-3 9. Required off-street parking for uses permitted in the zone in accordance with Chapter 4.1 - Parking, Loading, and Access Requirements 10. Sports and Recreation (personal use) 11. Tree, Row, and Field Crops (personal use) 3.5.20.02 - Special Development a. Conditional Development - Subject to review in accordance with Chapter 2.3 - Conditional Development and all other applicable provisions of this Code. 1. Colocated/attached wireless telecommunication facilities on nonresidential structures that increase the height of existing structures, subject to the standards in Chapter 4.9 - Additional Provisions 2. Day Care, Commercial Facility, as defined in Chapter 1.6 3. Expansion of Offices, as defined in Chapter 1.6, existing as of December 31, 2000 4. Conversion of structure to Professional and Administrative Services use type in accordance with section 3.5.50 5. Cultural Exhibits and Library Services 6. Fraternities and Sororities 7. Freestanding wireless telecommunication facilities, subject to the standards in Chapter 4.9 8. Funeral and Interment Services (interring and cemeteries only) 9. Group Residential (more than 12 persons) 10. Group Residential/Group Care (more than 12 persons) 11. Lodges, Fraternal and Civic Assembly 12. Major Services and Utilities 13. Minor Utilities subject to standards in Chapter 4.9 14. Participant Sports and Recreation (Indoor and Outdoor) LDC December 18, 20003.5-4 15. Religious Assembly 16. Residential Care Facilities (more than 12 persons) 17. Schools 3.5.20.03 - General Development a. Plan Compatibility Review - Subject to review in accordance with Chapter 2.13 - Plan Compatibility Review and all other applicable provisions of this Code. 1. Projections such as chimneys, spires, domes, and towers not used for human occupancy and exceeding 20 ft. over the height of the structure or 40 ft. in height, whichever is less, in accordance with section 4.9.50 of Chapter 4.9 - Additional Provisions. Note: Flagpoles are subject to height requirements in section 4.7.70.b of Chapter 4.7 - Sign Regulations. Table 3.5-1 Section 3.5.30 - RS-9(U) DEVELOPMENT STANDARDS Standard a. Minimum Density 6 units per acre (applies to the creation of land divisions) b. Maximum Density 12 units per acre (applies to the creation of land divisions) c. Minimum Lot Area 1. Single Detached 2. Single Attached 3. Duplex 4. Triplex 5. Fourplex 3,500 sq. ft. 2,500 sq. ft. 5,000 sq. ft. 7,500 sq. ft. 10,000 sq. ft. d. Minimum Lot Width 1. Single Detached with alley access to garage 2. Single Detached with street access to garage 3. Single Attached 4. Duplex 5. Triplex 6. Fourplex 40 ft. 50 ft. 25 ft. 50 ft. 75 ft. 100 ft. 1 Prior to building permit approval, the applicant shall submit a recorded easement between the subject property and abutting lot next to the yard having the zero setback. This easement shall be sufficient to guarantee rights for maintenance purposes of structures and yard, but in no case shall it be less than 5 ft. in width. LDC December 18, 20003.5-5 e. Setbacks** 1. Front yard 2. Rear yard and Side yards (interior attached townhouses exempt from interior side yard setbacks) (a) Single Detached (b) Single Attached and Zero Lot Line Detached (c) Duplex, Triplex and Fourplex (d) Abutting a more restrictive zone 3. Corner Lot 10 ft. minimum; 25 ft. maximum (unenclosed porches may encroach into front yards, provided that a minimum front yard of 5 ft. is maintained) 5 ft. minimum and each lot must have a minimum 15-ft. usable yard either on the side or rear of each dwelling. Additionally, the setbacks listed below apply for side yards not being used as the usable yard described above. 5 ft. minimum each side yard 0 ft. one side; 8 ft. minimum on opposite side1 10 ft. minimum each side 10 ft. minimum 10 ft. minimum on side abutting the street, vision clearance areas in accordance with section 4.1.40.c f. Minimum Garage/Carport Setbacks 1. Garage/carport entrance facing/parallel to the street 2. Garage/carport entrance sideways/perpendicular to street 19 ft. minimum 10 ft. minimum Setbacks from alleys in accordance with section 4.0.60.j Garages/carports are also subject to the provisions in Chapter 4.10 - Pedestrian Oriented Design Standards 2 Includes area occupied by buildings, parking, and circulation of automobiles. LDC December 18, 20003.5-6 g. Setbacks from Properties Zoned Agricultural-Open Space (AG-OS) When residential development is proposed next to AG-OS land, a minimum 50-ft.-wide continuous plant or plant/berm buffer is required. Additionally, the minimum setback adjacent to AG-OS is 100 ft. It is the applicant’s responsibility to provide the buffer. h. Maximum Structure Height 30 ft., not to exceed a solar envelope approved under chapters 2.18 <> or 4.6 i. Maximum Lot Coverage2 70 percent of lot area maximum; interior attached townhouses exempt from this provision. Green area is calculated per lot. j. Off-Street Parking See Chapter 4.1 **Outdoor components associated with heat pumps and similar equipment for residential structures shall not be placed within any required setback area. When located outside a setback area, but within 5 - 10 ft. of a property line, such equipment shall be screened on all sides with a solid fence or wall at least 1 ft. higher than the equipment. When located outside a setback area, but greater than 10 ft. from a property line, such equipment requires no screening. Equipment screening requirements for nonresidential structures shall be in accordance with Chapter 4.2. Section 3.5.40 – GREEN AREA REQUIREMENTS a. A minimum of 30 percent of the gross lot area (or a minimum of 20 percent for center-unit townhouses on interior lots) shall be retained and improved or maintained as permanent green area (landscaping, unprotected preservation areas, and/or pedestrian amenities such as sidewalks, plazas, multi-use paths, patios, decks, etc.) to ensure that the 70 percent maximum lot/site coverage standard of section 3.5.30 is met. A minimum of 15 percent of the gross lot area (or a minimum of 10 percent for center-unit townhouses on interior lots) shall consist of vegetation (landscaping or naturally preserved vegetation). b. Landscaping within the required green area shall be permanently maintained in accordance with Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting. Landscaping shall primarily consist of ground cover, ferns, trees, shrubs, or other living plants with sufficient irrigation to properly maintain all vegetation. Drought-tolerant plant materials are encouraged. Design elements such as internal sidewalks, pedestrian seating areas, fountains, pools, sculptures, planters, and similar amenities may also be placed within the permanent green areas. LDC December 18, 20003.5-7 c. Within the required green area for single-family dwellings (attached and detached) and duplexes, a private outdoor space equal to at least 10 percent of the total lot area per dwelling unit shall be designed to be viewable and accessed by the interior space via doors and windows. Within the required green area for multi- dwellings, a private outdoor space equal to at least 48 sq. ft. per dwelling unit shall be designed to be viewable and accessed by the interior space via doors and windows. These private outdoor space requirements may be met by providing private side or rear yard areas, patios, and/or balconies for dwelling units. Section 3.5.50 - CONVERSION OF A STRUCTURE TO A PROFESSIONAL AND ADMINISTRATIVE SERVICES USE TYPE The predominate purpose of the RS-9(U) Zone is to retain residential unit availability; however, within the zone there are structures that, due primarily to their size, condition, or age, cannot be successfully, economically, and fully utilized for residential use. Therefore, the City may allow conversion through a Conditional Development, in accordance with Chapter 2.3, to the "Professional and Administrative Services" use type, using the review criteria below: 3.5.50.01 - Size Limitation Structures must be 4,000 sq. ft. or more and built before December 31, 2000. The redeveloped building may occupy the same building envelope occupied by the existing structure; however, current parking standards in Chapter 4.1 shall be met even if these requirements interfere with reestablishment of the original structure. 3.5.50.02 - Burden of Proof The developer shall prove that: a. The structure cannot feasibly be used for the uses permitted in section 3.5.20 without creating undue financial hardship for both tenants and owners. This may be proved by meeting both of the following: 1. Providing factual data and information on the potential costs of using the structure for residential use (e.g., heating and cooling bills, costs of renovation and repair, continued maintenance, costs for acquisition of additional land, construction for parking, etc.) compared to estimated potential rent or purchase prices for tenants or owners; and 2. Demonstrating that an earnest effort has been made to retain the structure for residential use through established marketing procedures (e.g., advertising, brochures, telephone contact, contact with real estate and marketing professionals, etc.). OR LDC December 18, 20003.5-8 b. It is in the best interest of the community to convert the structure to the Professional and Administrative Services use type. This may be proved by meeting both of the following: 1. Showing that the structure is included on the Corvallis Register of Historic Landmarks and Districts; and 2. Demonstrating that substantial alterations would be necessary to retain the structure for residential use and that alterations would result in the loss or reduction of historical or architectural significance. 3.5.50.03 - Development Site Design To ensure that the character of the structure and site will be preserved after conversion, the applicant shall be required to submit plans (in addition to the site plan required in Chapter 2.3) that indicate the following: a. Proposed exterior facade treatment; b. Interior remodeling (showing major structural changes); c. Landscaping; d. Proposed signage; e. Changes resulting from the conversion that will upgrade the structure and site and aid in the retention of historically or architecturally significant elements; and f. Any other structural or site changes that would affect the structure's character. 3.5.50.04 - Required Off-Street Parking The City recognizes that section 3.5.50 generally applies to large structures with little or no property for off-street parking either on or off the site. Where it is found that the review criteria of Chapter 2.3 - Conditional Development have been met, the following exception to Chapter 4.1 provisions regarding the location of required parking shall be permitted: a. Off-street parking may be permitted in any adjoining blocks where adequate parking can be made available. LDC December 18, 20003.5-9 Section 3.5.60 - REDEVELOPMENT OF EXISTING MULTI-DWELLINGS Group Residential and Group Residential/Group Care use types and Multi-Dwelling building types established prior to December 31, 2000, are permitted uses and may be redeveloped. This redevelopment may occupy the same building envelope as previously existed but current parking standards contained in Chapter 4.1 shall be met. Section 3.5.70 - REDEVELOPMENT OF EXISTING OFFICES Existing offices are permitted uses and may be redeveloped if desired. The redeveloped building may occupy the existing building envelope and shall meet the parking standards in Chapter 4.1, even if the parking requirements interfere with the redevelopment. Section 3.5.80 - MIX OF HOUSING TYPES A mix of permitted housing types is encouraged in the RS-9(U) Zone and shall be required for larger development projects in the zone. To promote such a mix, developments greater than 5 acres in size shall comply with the variety of housing types requirements outlined in Chapter 4.9 - Additional Provisions. Section 3.5.90 - COMPLIANCE WITH PEDESTRIAN ORIENTED DESIGN STANDARDS OF CHAPTER 4.10 AND ADDITIONAL DESIGN STANDARDS 3.5.90.01 - Pedestrian Oriented Design Standards of Chapter 4.10 a. Required Compliance The pedestrian oriented design standards of Chapter 4.10 shall apply to the following types of development in the RS-9(U) Zone: 1. All new buildings or structures for which a valid permit application has been submitted after December 31, 2000; 2. Developments subject to Conditional Development and/or Planned Development approval, as required by a condition(s) of approval(s); and 3. Independent or cumulative expansions of a nonresidential structure in existence and in compliance with this Code on December 31, 2000, or constructed after December 31, 2000 pursuant to a valid Conceptual or Detailed Development Plan approved on or before December 31, 2000, shall comply with the pedestrian requirements of Chapter 4.10 - Pedestrian Oriented Design Standards, sections 4.10.70.02 through 4.10.70.05, with allowances for choices among some standards as identified in 4.10.70.01, provided that: LDC December 18, 20003.5-10 (a) The expansion adds floor area of more than 3,000 sq. ft.; or (b) The expansion adds floor area of more than 500 sq. ft. and is equivalent to more than 20 percent of the existing structure's gross floor area. b. Exceptions to Compliance Independent or cumulative expansions of a nonresidential structure in existence and in compliance with this Code on December 31, 2000, or constructed after December 31, 2000 pursuant to a valid Conceptual or Detailed Development Plan approved on or before December 31, 2000, shall not be required to comply with the design standards of Chapter 4.10 provided that: 1. The expansion adds floor area of 500 sq. ft. or less; or 2. The expansion adds floor area of 3,000 sq. ft. or less and is equivalent to 20 percent or less of the existing structure's gross floor area. 3.5.90.02 - Additional Design Standards a. Building Roof - Roofs shall be gabled or hip type roofs (minimum pitch 3:1) with at least a 30-inch overhang and using shingles or similar roof materials. Alternatives may be approved where the developer can demonstrate that abutting structures or the majority of structures within 300 ft. have roofs similar to what is proposed. b. Building Materials (Exterior Walls) - Lap/horizontal siding or walls of brick, masonry, or stone shall be required. Alternatives may be approved where the developer can demonstrate that abutting structures or the majority of structures within 300 ft. use materials similar to what is proposed. c. Structure Features - Development shall be designed to minimize negative visual impacts affecting the character of the neighborhood by considering the scale, bulk, and character of the nearby structures in relation to the proposed structure. Elements of concern include roof style, offsets in the building's exterior walls and in its roof, types of materials, and other architectural details. LDC December 18, 20003.5-11 Section 3.5.100 - VARIATIONS Variations from development and design standards (i.e., the standards in this chapter and in other chapters addressing parking, landscaping, public improvements, and pedestrian oriented design standards) may be achieved through the Planned Development and Lot Development Option processes outlined in chapters 2.5 and 2.12 of the Code. LDC December 18, 20003.6-1 CHAPTER 3.6 MEDIUM-HIGH DENSITY (RS-12) ZONE Section 3.6.10 - PURPOSE This is the primary zone that implements the Medium-High Density Residential Comprehensive Plan designation, which allows from 12 to 20 dwelling units per acre. It is intended to accommodate a wide variety of housing types and to serve as a transition area between lands with lower density and higher density residential designations. Section 3.6.20 - PERMITTED USES 3.6.20.01 - Ministerial Development a. Primary Uses Permitted Outright 1. Residential Use Types (a) Family (b) Group Residential (c) Group Residential/Group Care (d) Residential Care Facilities (e) Fraternities and Sororities 2. Residential Building Types (a) Single Detached (b) Single Detached (Zero Lot Line) (c) Single Attached (Zero Lot Line, 2 units) (d) Attached (Townhouse) (e) Duplex (f) Multi-Dwelling (g) Manufactured Dwelling Park in accordance with Chapter 4.8 - Manufactured Dwelling Facility Standards LDC December 18, 20003.6-2 3. Civic Use Types (a) Community Recreation (b) Postal Services - Customer (c) Public Safety Services (d) Religious Assembly (e) Social Service Facilities 4. Commercial Use Types (a) Commercial use types existing prior to December 31, 2000, along SW Fifth and SW Sixth streets, from SW Adams Avenue to Western Boulevard (b) Lodging Services (Bed and Breakfast only) (c) Offices, as defined in Chapter 1.6, and existing prior to December 31, 2000. Expansions shall be subject to Conditional Development Review, as noted in section 3.6.20.02 below b. Accessory Uses Permitted Outright 1. Colocated/attached wireless telecommunication facilities on multi- family (three or more stories) residential structures that do not increase the height of the existing structures by more than 10 ft., subject to the standards in Chapter 4.9 - Additional Provisions 2. Colocated/attached wireless telecommunication facilities on nonresidential structures that do not increase the height of the existing structures by more than 10 ft., subject to the standards in Chapter 4.9 3. Essential Services 4. Day Care, Family, as defined in Chapter 1.6 5. Home Business, as defined in Chapter 1.6 6. Horticultural (personal use) 7. Model Dwelling Units LDC December 18, 20003.6-3 8. Other development customarily incidental to the primary uses in accordance with Chapter 4.3 - Additional Provisions 9. Required off-street parking for uses permitted in the zone in accordance with Chapter 4.1 - Parking, Loading, and Access Requirements 10. Sports and Recreation (personal use) 11. Tree, Row, and Field Crops (personal use) 3.6.20.02 - Special Development a. Conditional Development - Subject to review in accordance with Chapter 2.3 - Conditional Development and all other applicable provisions of this Code. 1. Colocated/attached facilities on multi-family (three or more stories) residential structures that increase the height of the existing structures by more than 10 ft., subject to the standards in Chapter 4.9 - Additional Provisions 2. Colocated/attached facilities on nonresidential structures that increase the height of the existing structures by more than 10 ft., subject to the standards in Chapter 4.9 3. Day Care, Commercial Facility, as defined in Chapter 1.6 4. Commercial use types in existence as of December 31, 2000 (i.e., Automotive and Equipment-Light Equipment Repairs and Light Equipment Sales and Rentals), in the RS-12 Zone at 2220 SW Third Street (Assessor's Map #12-5-11BC, Tax Lot 700 and 701), shall not be classified as nonconforming development. Upon further development, perimeter buffers shall be established consistent with Shopping Area Zone standards in effect at the time land use application LDT 94-1 was approved 5. Expansion of Offices, as defined in Chapter 1.6, in existence prior to December 31, 2000 6. Conversion of structure to Professional and Administrative Services use type in accordance with section 3.6.60 7. Cultural Exhibits and Library Services 8. Freestanding wireless telecommunication facilities, subject to the standards in Chapter 4.9 LDC December 18, 20003.6-4 9. Funeral and Interment Services (interring and cemeteries only) 10. Lodges, Fraternal and Civic Assembly 11. Major Services and Utilities 12. Minor Utilities subject to standards in Chapter 4.9 13. Offices, as defined in Chapter 1.6, existing prior to December 31, 2000 14. Participant Sports and Recreation (Indoor and Outdoor) 15. Schools 3.6.20.03 - General Development a. Plan Compatibility Review - Subject to review in accordance with Chapter 2.13 - Plan Compatibility Review and all other applicable provisions of this Code. 1. Projections such as chimneys, spires, domes, and towers not used for human occupancy and exceeding 20 ft. over the height of the structure or 45 ft. in height, whichever is less, in accordance with section 4.9.50 of Chapter 4.9 - Additional Provisions. Note: Flagpoles are subject to height requirements in section 4.7.70.b of Chapter 4.7 - Sign Regulations. Table 3.6-1 Section 3.6.30 - RS-12 DEVELOPMENT STANDARDS Standard a. Minimum Density 12 units per acre (applies to the creation of land divisions) b. Maximum Density 20 units per acre (applies to the creation of land divisions) c. Minimum Lot Area 2,200 sq. ft. per dwelling unit d. Minimum Lot Width 25 ft. 1 Prior to building permit approval, the applicant shall submit a recorded easement between the subject property and abutting lot next to the yard having the zero setback. This easement shall be sufficient to guarantee rights for maintenance purposes of structures and yard, but in no case shall it be less than 5 ft. in width. LDC December 18, 20003.6-5 e. Setbacks** 1. Front yard 2. Rear yard and Side yards (interior attached townhouses exempt from interior side yard setbacks) (a) Single Detached (b) Single Attached and Zero Lot Line Detached (c) Duplex and Multi- Dwelling (d) Abutting a more restrictive zone 3. Corner Lot 10 ft. minimum; 25 ft. maximum (unenclosed porches may encroach into front yards, provided that a minimum front yard of 5 ft. is maintained) 5 ft. minimum and each lot must have a minimum 15-ft. usable yard either on the side or rear of each dwelling. Additionally, the setbacks listed below apply for side yards not being used as the “usable” yard described above. 5 ft. minimum each side yard 0 ft. one side; 8 ft. minimum on opposite side1 10 ft. minimum each side 10 ft. minimum 10 ft. minimum on side abutting the street, vision clearance areas in accordance with section 4.1.40.c f. Minimum Garage/Carport Setbacks 1. Garage/carport entrance facing/parallel to the street 2. Garage/carport entrance sideways/perpendicular to street) 19 ft. minimum 10 ft. minimum Setbacks from alleys in accordance with section 4.0.60.j Garages/carports are also subject to the provisions in Chapter 4.10 - Pedestrian Oriented Design Standards g. Setbacks from Properties Zoned Agricultural-Open Space (AG-OS) When residential development is proposed next to AG-OS land, a minimum 50-ft.-wide continuous plant or plant/berm buffer is required. Additionally, the minimum setback adjacent to AG-OS is 100 ft. It is the applicant’s responsibility to provide the buffer. h. Maximum Structure Height 35 ft., not to exceed a solar envelope approved under chapters 2.18 or 4.6 2 Includes area occupied by buildings, parking, and circulation of automobiles. LDC December 18, 20003.6-6 i. Maximum Lot/Site Coverage2 70 percent of lot area maximum; interior attached townhouses exempt from this provision Green area is calculated per lot. j. Off-Street Parking See Chapter 4.1 **Outdoor components associated with heat pumps and similar equipment for residential structures shall not be placed within any required setback area. When located outside a setback area, but within 5 - 10 ft. of a property line, such equipment shall be screened on all sides with a solid fence or wall at least 1 ft. higher than the equipment. When located outside a setback area, but greater than 10 ft. from a property line, such equipment requires no screening. Equipment screening requirements for nonresidential structures shall be in accordance with Chapter 4.2. Section 3.6.40 - MULTIPLE BUILDINGS ON ONE LOT OR SITE To provide privacy, light, air, and access to the dwellings within the development, the following minimum standards shall apply to multiple residential buildings on a single lot or site in the RS-12 Zone: a. Buildings with opposing windowed walls shall be separated by 20 ft. b. Buildings with windowed walls facing buildings with blank walls shall be separated by 15 ft. However, no blank walls are allowed to face streets, sidewalks, or multi- use paths (refer to Chapter 4.10 - Pedestrian Oriented Design Standards). c. Buildings with opposing blank walls shall be separated by 10 ft. As stated in “b” above, no blank walls are allowed to face streets, sidewalks, or multi-use paths (refer to Chapter 4.10). d. Building separation shall also apply to building projections such as balconies, bay windows, and room projections. e. Buildings with courtyards shall maintain separation of opposing walls as listed in "a" through "c" above. f. Where buildings exceed a length of 60 ft. or exceed a height of 30 ft., the minimum wall separation shall be increased. The rate of increased wall separation shall be 1 ft. for each 15 ft. of building length over 60 ft., and 2 ft. for each 10 ft. of building height over 30 ft. g. Driveways, parking lots, and common or public sidewalks or multi-use paths shall maintain the following separation from dwelling units built within 8 ft. of ground level. LDC December 18, 20003.6-7 1. Driveways and parking lots shall be separated from windowed walls by at least 8 ft.; sidewalks and multi-use paths shall be separated by at least 5 ft. 2. Driveways and parking lots shall be separated from living room windows by at least 10 ft.; sidewalks and multi-use paths shall be separated by at least 7 ft. 3. Driveways and uncovered parking spaces shall be separated from doorways by at least 5 ft. Section 3.6.50 - GREEN AREA, OUTDOOR SPACE, LANDSCAPING, AND SCREENING 3.6.50.01 - Green Area a. A minimum of 30 percent of the gross lot area (or a minimum of 20 percent for center-unit townhouses on interior lots) shall be retained and improved or maintained as permanent green area (landscaping, unprotected preservation areas, and/or pedestrian amenities such as sidewalks, plazas, multi-use paths, patios, decks, etc.) to ensure that the 70 percent maximum lot/site coverage standard of section 3.6.30 is met. A minimum of 10 percent of the gross lot area shall consist of vegetation (landscaping or naturally preserved vegetation). b. Landscaping within the required green area shall be permanently maintained in accordance with Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting. Landscaping shall primarily consist of ground cover, ferns, trees, shrubs, or other living plants and with sufficient irrigation to properly maintain all vegetation. Drought- tolerant plant materials are encouraged. Design elements such as internal sidewalks, pedestrian seating areas, fountains, pools, sculptures, planters, and similar amenities may also be placed within the permanent green areas. c. The required green area shall be designed and arranged to offer the maximum benefits to the occupants of the development and provide visual appeal and building separation. These provisions shall apply to all new development sites and to an addition or remodeling of existing structures that creates new dwelling units. 3.6.50.02 - Private Outdoor Space Per Dwelling Unit a. Private outdoor space shall be required at a ratio of 48 sq. ft. per dwelling unit. This private outdoor space requirement may be met by providing patios and balconies for some or all dwelling units, or by combining private outdoor space and common outdoor space as allowed by section 3.6.50.04. LDC December 18, 20003.6-8 b. Private outdoor space (patio or balcony) shall have minimum dimensions of 6- by 8-ft. c. Private outdoor space shall be directly accessible by door from the interior of the individual dwelling unit served by the space. d. Private outdoor space shall be screened or designed to provide privacy for the users of the space. e. Private outdoor space may be considered as part of the 30 percent green area required under section 3.6.50.01, if it is located on the ground (e.g., upper-story balconies cannot be counted). 3.6.50.03 - Common Outdoor Space Per Dwelling Unit a. In addition to the private outdoor space requirements of section 3.6.50.02, common outdoor space shall be provided in developments of 20 or more dwelling units, for use by all residents of the development, in the following amounts: 1. Studio, one- and two-bedroom units: 200 sq. ft. per unit 2. Three or more bedroom units: 300 sq. ft. per unit b. The minimum size of any common outdoor space shall be 400 sq. ft., with minimum dimensions of 20- by 20-ft. c. A common outdoor space may include any of the following, provided that they are outdoor areas: recreational facilities such as tennis, racquetball, and basketball courts, swimming pool and spas; gathering spaces such as gazebos, picnic, and barbecue areas; gardens; preserved natural areas where public access is allowed; and children’s tot lots. d. The common outdoor space may be considered as part of the 30 percent green area required under section 3.6.50.01. The common outdoor space shall not be located within any buffer or perimeter yard setback area. e. A children’s tot lot shall be provided for each 20 units. The minimum dimensions for any tot lot shall be 20- by 20-ft., with a minimum size of 400 sq. ft. The tot lot shall include a minimum of three items of play equipment such as slides, swings, towers, and jungle gyms. Any one or a combination of the following shall enclose the tot lot: a 2.5- to 3-ft.-high wall, fence, or planter; or benches or seats. f. Where more than one tot lot is required, the developer may provide individual tot lots or may combine them into larger playground areas. LDC December 18, 20003.6-9 g. Housing complexes that include 20 or more dwelling units designed for older persons do not require tot lots. However, common outdoor space shall be provided as specified in “a” through “d” above. 3.6.50.04 - Option to Combine Private and Common Outdoor Space a. The private and common outdoor space requirements may be met by combining them into areas for active or passive recreational use. Examples include courtyards and roof-top gardens with pedestrian amenities. However, where larger common outdoor spaces are proposed to satisfy private outdoor space requirements, they shall include pedestrian amenities such as benches or other types of seating areas. b. The combined outdoor space may be covered, but it shall not be fully enclosed. 3.6.50.05 - Outdoor Space Credits When an RS-12 development site is connected by public sidewalks to an improved public park located immediately adjacent to or directly across the street from the site, a developer may request an outdoor space credit, not to exceed 25 percent of the total outdoor space requirement (private and common outdoor space). Additionally, for sites located within the Downtown Residential Neighborhood (as defined in Chapter 1.6), a developer may request an outdoor space credit that reduces or eliminates the common outdoor space requirements and/or reduces required private outdoor space by a maximum of 25 percent. 3.6.50.06 - Location of Green Area In determining where green areas should be placed on a development site, consideration shall be given to the following: a. Preserving otherwise unprotected natural resources and wildlife habitat on the site, especially as large areas rather than as isolated smaller areas, where there is an opportunity to provide a recreational or relaxation use in conjunction with the natural resource site; b. Protecting lands where development more intensive than a green area use may have a “downstream” impact on the ecosystem of the vicinity. The ecosystem in the vicinity could include stands of mixed species and conifer trees, natural hydrological features, wildlife feeding areas, etc.; c. Enhancing park sites adjacent to the convergence of sidewalks and/or multi- use paths; d. Enhancing recreational opportunities near neighborhood commercial activity centers; and LDC December 18, 20003.6-10 e. Enhancing opportunities for passive relaxation and recreation for residents, employees, and/or visitors within a development site. Section 3.6.60 - CONVERSION OF A STRUCTURE TO A PROFESSIONAL AND ADMINISTRATIVE SERVICES USE TYPE The predominant purpose of the RS-12 Zone is to retain residential unit availability; however, within the zone there are structures that, due primarily to their size, condition, or age, cannot be successfully, economically, and fully utilized for residential use. Therefore, the City may allow conversion through a Conditional Development, in accordance with Chapter 2.3 - Conditional Development, to the "Professional and Administrative Services" use type, using the review criteria below. 3.6.60.01 - Size Limitation Structures must be 4,000 sq. ft. or more and built before December 31, 2000. 3.6.60.02 - Burden of Proof The developer shall prove that: a. The structure cannot feasibly be used for the uses permitted in section 3.6.20 without creating undue financial hardship for both tenants and owners. This may be proved by meeting both of the following: 1. Providing factual data and information on the potential costs of using the structure for residential use (e.g., heating and cooling bills, costs of renovation and repair, continued maintenance, costs for acquisition of additional land, construction for parking, etc.) compared to estimated potential rent or purchase prices for tenants or owners; and 2. Demonstrating that an earnest effort has been made to retain the structure for residential use through established marketing procedures (e.g., advertising, brochures, telephone contact, contact with real estate and marketing professionals, etc.). OR b. It is in the best interest of the community to convert the structure to the Professional and Administrative Services use type. This may be proved by meeting both of the following: 1. Showing that the structure is included on the Corvallis Register of Historic Landmarks and Districts; and 2. Demonstrating that substantial alterations would be necessary to retain the structure for residential use and that alterations would LDC December 18, 20003.6-11 result in the loss or reduction of historical or architectural significance. 3.6.60.03 - Development Site Design To ensure that the character of the structure and site will be preserved after conversion, the applicant shall be required to submit plans (in addition to the site plan required in Chapter 2.3) that indicate the following: a. Proposed exterior facade treatment; b. Interior remodeling (showing major structural changes); c. Landscaping; d. Proposed signage; e. Changes resulting from the conversion that will upgrade the structure and site and aid in the retention of historically or architecturally significant elements; and f. Any other structural or site changes that would affect the structure's character. 3.6.60.04 - Required Off-Street Parking The City recognizes that section 3.6.60 generally applies to large structures with little or no property for off-street parking either on or off the site. Where it is found that the review criteria of Chapter 2.3 - Conditional Development have been met, the following exception to Chapter 4.1 provisions regarding the location of required parking shall be permitted: a. Off-street parking may be permitted in any adjoining blocks where adequate parking can be made available. Section 3.6.70 - REDEVELOPMENT OF EXISTING OFFICES Existing offices are permitted uses and may be redeveloped if desired. The redeveloped building may occupy the existing building envelope and shall meet the parking standards in Chapter 4.1, even if these requirements interfere with the redevelopment. Section 3.6.80 - MIX OF HOUSING TYPES A mix of permitted housing types is encouraged in the RS-12 Zone and shall be required for larger development projects in the zone. To promote such a mix, developments greater than 5 acres in size shall comply with the variety of housing types requirements outlined in Chapter 4.9 - Additional Provisions. LDC December 18, 20003.6-12 Section 3.6.90 - COMPLIANCE WITH PEDESTRIAN ORIENTED DESIGN STANDARDS OF CHAPTER 4.10 3.6.90.01 - Required Compliance The pedestrian oriented design standards of Chapter 4.10 shall apply to the following types of development in the RS-12 Zone: a. All new buildings or structures for which a valid permit application has been submitted after December 31, 2000; b. Developments subject to Conditional Development and/or Planned Development approval, as required by a condition(s) of approval(s); and c. Independent or cumulative expansions of a nonresidential structure in existence and in compliance with this Code on December 31, 2000, or constructed after December 31, 2000 pursuant to a valid Conceptual or Detailed Development Plan approved on or before December 31, 2000, shall comply with the pedestrian requirements of Chapter 4.10 - Pedestrian Oriented Design Standards, sections 4.10.70.02 through 4.10.70.05, with allowances for choices among some standards as identified in 4.10.70.01, provided that: 1. The expansion adds floor area of more than 3,000 sq. ft.; or 2. The expansion adds floor area of more than 500 sq. ft. and is equivalent to more than 20 percent of the existing structure's gross floor area. 3.6.90.02 - Exceptions to Compliance Independent or cumulative expansions of a nonresidential structure in existence and in compliance with this Code on December 31, 2000, or constructed after December 31, 2000 pursuant to a valid Conceptual or Detailed Development Plan approved on or before December 31, 2000, shall not be required to comply with the design standards of Chapter 4.10 provided that: a. The expansion adds floor area of 500 sq. ft. or less; or b. The expansion adds floor area of 3,000 sq. ft. or less and is equivalent to 20 percent or less of the existing structure's gross floor area. Section 3.6.100 - VARIATIONS Variations from development and design standards (i.e., the standards in this chapter and in other chapters addressing parking, landscaping, public improvements, and pedestrian LDC December 18, 20003.6-13 oriented design standards) may be achieved through the Planned Development and Lot Development Option processes outlined in chapters 2.5 and 2.12 of the Code. LDC December 18, 20003.7-1 CHAPTER 3.7 MEDIUM-HIGH DENSITY - UNIVERSITY (RS-12(U)) ZONE Section 3.7.10 - PURPOSE This zone implements the Medium-High Density Residential Comprehensive Plan designation, which allows from 12 to 20 dwelling units per acre. It is intended to provide for medium-high density housing near the University that is compatible with existing development and consistent with the purpose of the RS-12 Zone. This zone also contains development standards to help address compatibility issues associated with the North Campus Area. Section 3.7.20 - PERMITTED USES 3.7.20.01 - Ministerial Development a. Primary Uses Permitted Outright 1. Residential Use Types (a) Family (b) Group Residential (c) Group Residential/Group Care (d) Residential Care Facility (e) Fraternities and Sororities 2. Residential Building Types (a) Single Detached (b) Single Detached (Zero Lot Line) (c) Single Attached (Zero Lot Line, 2 units) (d) Attached (Townhouse) (e) Duplex (f) Multi-Dwelling (g) Manufactured Dwelling Park (in accordance with Chapter 4.8 - Manufactured Dwelling Facility Standards) LDC December 18, 20003.7-2 3. Civic Use Types (a) Community Recreation (b) Postal Services - Customer (c) Public Safety Services (d) Religious Assembly (e) Social Service Facilities 4. Commercial Use Types (a) Professional and Administrative Offices, as defined in Chapter 1.6, existing prior to December 31, 2000. Expansions shall be subject to Conditional Development Review, as noted in section 3.7.20.02 below (b) Lodging Services (Bed and Breakfast only) b. Accessory Uses Permitted Outright 1. Colocated/attached wireless telecommunication facilities on multi- family (three or more stories) residential structures that do not increase the height of the existing structures by more than 10 ft., subject to the standards in Chapter 4.9 - Additional Provisions 2. Colocated/attached wireless telecommunication facilities on nonresidential structures that do not increase the height of the existing structures by more than 10 ft., subject to the standards in Chapter 4.9 3. Essential Services 4. Day Care, Family, as defined in Chapter 1.6 5. Home Business, as defined in Chapter 1.6 6. Horticultural (personal use) 7. Model dwelling units 8. Other development customarily incidental to the primary uses in accordance with Chapter 4.3 - Accessory Development Regulations LDC December 18, 20003.7-3 9. Required off-street parking for uses permitted in the zone in accordance with Chapter 4.1 - Parking, Loading, and Access Requirements 10. Sports and Recreation (personal use) 11. Tree, Row, and Field Crops (personal use) 3.7.20.02 - Special Development a. Conditional Development - Subject to review in accordance with Chapter 2.3 - Conditional Development and all other applicable provisions of this Code. 1. Colocated/attached facilities on multi-family (three or more stories) residential structures that increase the height of the existing structures by more than 10 ft., subject to the standards in Chapter 4.9 - Additional Provisions. 2. Colocated/attached facilities on nonresidential structures that increase the height of the existing structures by more than 10 ft., subject to the standards in Chapter 4.9 3. Day Care, Commercial Facility, as defined in Chapter 1.6 4. Expansion of Offices, as defined in Chapter 1.6, existing prior to December 31, 2000 5. Conversion of a structure to a Professional and Administrative Services use type in accordance with section 3.7.60 6. Cultural Exhibits and Library Services 7. Freestanding wireless telecommunication facilities, subject to the standards in Chapter 4.9 8. Funeral and Interment Services (interring and cemeteries only) 9. Lodges, Fraternal and Civic Assembly 10. Major Services and Utilities 11. Minor Utilities subject to standards in Chapter 4.9 12. Participant Sports and Recreation (Indoor and Outdoor) 13. Schools LDC December 18, 20003.7-4 3.7.20.03 - General Development a. Plan Compatibility Review - Subject to review in accordance with Chapter 2.13 - Plan Compatibility Review and all other applicable provisions of this Code. 1. Projections such as chimneys, spires, domes, and towers not used for human occupancy and exceeding 20 ft. over the height of the structure or 45 ft. in height, whichever is less, in accordance with section 4.9.50 of Chapter 4.9 - Additional Provisions. Note: Flagpoles are subject to height requirements in section 4.7.70.b of Chapter 4.7 - Sign Regulations. Section 3.7.30 - RS-12(U) DEVELOPMENT STANDARDS Table 3.7-1 3.7.30.01 - RS-12(U) Development Standards - Standards Option Standard a. Minimum Density 12 units per acre (applies to the creation of land divisions) b. Maximum Density 20 units per acre (applies to the creation of land divisions) c. Minimum Lot Area 2,200 sq. ft. per dwelling unit d. Minimum Lot Width 25 ft. 1 Prior to building permit approval, the applicant shall submit a recorded easement between the subject property and abutting lot next to the yard having the zero setback. This easement shall be sufficient to guarantee rights for maintenance purposes of structures and yard, but in no case shall it be less than 5 ft. in width. LDC December 18, 20003.7-5 e. Setbacks** 1. Front yard 2. Rear yard and Side yards (interior attached townhouses exempt from interior side yard setbacks) (a) Single Detached (b) Single Attached and Zero Lot Line Detached (c) Duplex and Multi- Dwelling (d) Abutting a more restrictive zone 3. Corner Lot 10 ft. minimum; 25 ft. maximum (unenclosed porches may encroach into front yards, provided that a minimum front yard of 5 ft. is maintained) 5 ft. minimum and each lot must have a minimum 15 ft. usable yard either on the side or rear of each dwelling. Additionally, the setbacks listed below apply for side yards not being used as the usable yard described above. 5 ft. minimum each side yard 0 ft. one side; 8 ft. minimum on opposite side1 10 ft. minimum each side 10 ft. minimum 10 ft. minimum on side abutting the street, vision clearance areas in accordance with section 4.1.40.c f. Minimum Garage/Carport Setbacks 1. Garage/carport entrance facing/parallel to the street) 2. Garage/carport entrance sideways/perpendicular to street) 9 ft. minimum 10 ft. minimum Setbacks from alleys in accordance with section 4.0.60.j Garages/carports are also subject to the provisions in Chapter 4.10 - Pedestrian Oriented Design Standards LDC December 18, 20003.7-6 g. Setbacks from Properties Zoned Agricultural-Open Space (AG-OS) When residential development is proposed next to AG-OS land, a minimum 50-ft.-wide continuous plant or plant/berm buffer is required. Additionally, the minimum setback adjacent to AG-OS is 100 ft. Additionally, the minimum setback adjacent to AG-OS is 100 ft. It is the applicant’s responsibility to provide the buffer. h. Maximum Structure Height 35 ft., not to exceed a solar envelope approved under chapters 2.18 or 4.6 i. Maximum Lot Coverage 70 percent of lot area maximum; interior attached townhouses exempt from this provision. Green area is calculated per lot. j. Off-Street Parking See Chapter 4.1 **Outdoor components associated with heat pumps and similar equipment for residential structures shall not be placed within any required setback area. When located outside a setback area, but within 5 - 10 ft. of a property line, such equipment shall be screened on all sides with a solid fence or wall at least 1 ft. higher than the equipment. When located outside a setback area, but greater than 10 ft. from a property line, such equipment requires no screening. Equipment screening requirements for nonresidential structures shall be in accordance with Chapter 4.2. Section 3.7.40 - MULTIPLE BUILDINGS ON ONE LOT OR SITE To provide privacy, light, air, and access to the dwellings within the development, the following minimum standards shall apply to multiple residential buildings on a single lot or site in the RS-12(U) Zone: a. Buildings with opposing windowed walls shall be separated by 20 ft. b. Buildings with windowed walls facing buildings with blank walls shall be separated by 15 ft. However, no blank walls are allowed to face streets, sidewalks, or multi- use paths (refer to Chapter 4.10 - Pedestrian Oriented Design Standards). c. Buildings with opposing blank walls shall be separated by 10 ft. As stated in “b” above, no blank walls are allowed to face streets, sidewalks, or multi-use paths (refer to Chapter 4.10). d. Building separation shall also apply to building projections such as balconies, bay windows, and room projections. e. Buildings with courtyards shall maintain separation of opposing walls as listed in "a," "b," and "c" above. LDC December 18, 20003.7-7 f. Where buildings exceed a length of 60 ft. or exceed a height of 30 ft., the minimum wall separation shall be increased. The rate of increased wall separation shall be 1 ft. for each 15 ft. of building length over 60 ft., and 2 ft. for each 10 ft. of building height over 30 ft. g. Driveways, parking lots, and common or public sidewalks or multi-use paths shall maintain the following separation from dwelling units built within 8 ft. of ground level. 1. Driveways and parking lots shall be separated from windowed walls by at least 8 ft.; sidewalks and multi-use paths shall be separated by at least 5 ft. 2. Driveways and parking lots shall be separated from living room windows by at least 10 ft.; sidewalks and multi-use paths shall be separated by at least 7 ft. 3. Driveways and uncovered parking spaces shall be separated from doorways by at least 5 ft. Section 3.7.50 - GREEN AREA, OUTDOOR SPACE, LANDSCAPING, AND SCREENING 3.7.50.01 - Green Area a. A minimum of 30 percent of the gross lot area (or a minimum of 20 percent for center-unit townhouses on interior lots) shall be retained and improved or maintained as permanent green area (landscaping, unprotected preservation areas, and/or pedestrian amenities such as sidewalks, plazas, multi-use paths, patios, decks, etc.) to ensure that the 70 percent maximum lot/site coverage standard of section 3.7.30 is met. A minimum of 10 percent of the gross lot area shall consist of vegetation (landscaping or naturally preserved vegetation). b. Landscaping within the required green area shall be permanently maintained in accordance with Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting. Landscaping shall primarily consist of ground cover, ferns, trees, shrubs, or other living plants and with sufficient irrigation to properly maintain all vegetation. Drought- tolerant plant materials are encouraged. Design elements such as internal sidewalks, pedestrian seating areas, fountains, pools, sculptures, planters, and similar amenities may also be placed within the permanent green areas. c. The required green area shall be designed and arranged to offer the maximum benefits to the occupants of the development and provide visual appeal and building separation. These provisions shall apply to all new LDC December 18, 20003.7-8 development sites and to an addition or remodeling of existing structures that creates new dwelling units. 3.7.50.02 - Private Outdoor Space Per Dwelling Unit a. Private outdoor space shall be required at a ratio of 48 sq. ft. per dwelling unit. This private outdoor space requirement may be met by providing patios and balconies for some or all dwelling units, or by combining private outdoor space and common outdoor space as allowed by section 3.7.50.04. b. Private outdoor space (patio or balcony) shall have minimum dimensions of 6- by 8-ft. c. Private outdoor space shall be directly accessible by door from the interior of the individual dwelling unit served by the space. d. Private outdoor space shall be screened or designed to provide privacy for the users of the space. e. Private outdoor space may be considered as part of the 30 percent green area required under section 3.7.50.01, if it is located on the ground (e.g., upper-story balconies cannot be counted). 3.7.50.03 - Common Outdoor Space Per Dwelling Unit a. In addition to the private outdoor space requirements of section 3.7.50.02, common outdoor space shall be provided in developments of 20 or more dwelling units, for use by all residents of the development, in the following amounts: 1. Studio, one- and two-bedroom units: 200 sq. ft. per unit 2. Three or more bedroom units: 300 sq. ft. per unit b. The minimum size of any common outdoor space shall be 400 sq. ft., with minimum dimensions of 20- by 20-ft. c. A common outdoor space may include any of the following, provided that they are outdoor areas: recreational facilities such as tennis, racquetball, and basketball courts, swimming pool and spas; gathering spaces such as gazebos, picnic, and barbecue areas; gardens; preserved natural areas where public access is allowed; and children’s tot lots. d. The common outdoor space may be considered as part of the 30 percent green area required under section 3.7.50.01. The common outdoor space shall not be located within any buffer or perimeter yard setback area. LDC December 18, 20003.7-9 e. A children’s tot lot shall be provided for each 20 units. The minimum dimensions for any tot lot shall be 20- by 20-ft., with a minimum size of 400 sq. ft. The tot lot shall include a minimum of three items of play equipment such as slides, swings, towers, and jungle gyms. Any one or a combination of the following shall enclose the tot lot: a 2.5- to 3-ft.-high wall, fence, or planter; or benches or seats. f. Where more than one tot lot is required, the developer may provide individual tot lots or may combine them into larger playground areas. g. Housing complexes that include 20 or more dwelling units designed for older persons do not require tot lots. However, common outdoor space shall be provided as specified in “a” through “d” above. 3.7.50.04 - Option to Combine Private and Common Outdoor Space a. The private and common outdoor space requirements may be met by combining them into areas for active or passive recreational use. Examples include courtyards and roof-top gardens with pedestrian amenities. However, where larger common outdoor spaces are proposed to satisfy private outdoor space requirements, they shall include pedestrian amenities such as benches or other types of seating areas. b. The combined outdoor space may be covered, but it shall not be fully enclosed. 3.7.50.05 - Outdoor Space Credits A developer may request an outdoor space credit, not to exceed 25 percent of the total outdoor space requirement (private and common outdoor space), when an RS-12 development site is connected by public sidewalks to an improved public park located immediately adjacent to or directly across the street from the site. Additionally, for sites located within the Downtown Residential Neighborhood (as defined in Chapter 1.6), a developer may request an outdoor space credit that reduces or eliminates the common outdoor space requirements and/or reduces required private outdoor space by a maximum of 25 percent. 3.7.50.06 - Location of Green Area In determining where green areas should be placed on a development site, consideration shall be given to the following: a. Preserving otherwise unprotected natural resources and wildlife habitat on the site, especially as large areas rather than as isolated smaller areas, where there is an opportunity to provide a recreational or relaxation use in conjunction with the natural resource site; LDC December 18, 20003.7-10 b. Protecting lands where development more intensive than a green area use may have a “downstream” impact on the ecosystem of the vicinity. The ecosystem in the vicinity could include stands of mixed species and conifer trees, natural hydrological features, wildlife feeding areas, etc.; c. Enhancing park sites adjacent to the convergence of sidewalks and/or multi- use paths; d. Enhancing recreational opportunities near neighborhood commercial activity centers; and e. Enhancing opportunities for passive relaxation and recreation for residents, employees, and/or visitors within a development site. Section 3.7.60 - CONVERSION OF A STRUCTURE TO A PROFESSIONAL AND ADMINISTRATIVE SERVICES USE TYPE The predominant purpose of the RS-12(U) Zone is to retain residential unit availability; however, within the zone are structures that, due primarily to their size, condition, or age, cannot be successfully, economically, and fully utilized for residential use. Therefore, the City may allow conversion through a Conditional Development, in accordance with Chapter 2.3 - Conditional Development, to the "Professional and Administrative Services" use type, using the review criteria below. 3.7.60.01 - Size Limitation Structures must be 4,000 sq. ft. or more and built before December 31, 2000. 3.7.60.02 - Burden of Proof The developer shall prove that: a. The structure cannot feasibly be used for the uses permitted in section 3.7.20 without creating undue financial hardship for both tenants and owners. This may be proved by meeting both of the following: 1. Providing factual data and information on the potential costs of using the structure for residential use (e.g., heating and cooling bills, costs of renovation and repair, continued maintenance, costs for acquisition of additional land, construction for parking, etc.) compared to estimated potential rent or purchase prices for tenants or owners; and 2. Demonstrating that an earnest effort has been made to retain the structure for residential use through established marketing LDC December 18, 20003.7-11 procedures (e.g., advertising, brochures, telephone contact, contact with real estate and marketing professionals, etc.). OR b. It is in the best interest of the community to convert the structure to the Professional and Administrative Services use type. This may be proved by meeting both of the following: 1. Showing that the structure is included on the Corvallis Register of Historic Landmarks and Districts; and 2. Demonstrating that substantial alterations would be necessary to retain the structure for residential use and that alterations would result in the loss or reduction of historical or architectural significance. 3.7.60.03 - Development Site Design To ensure that the character of the structure and site will be preserved after conversion, the applicant shall be required to submit plans (in addition to the site plan required in Chapter 2.3) that indicate the following: a. Proposed exterior facade treatment; b. Interior remodeling (showing major structural changes); c. Landscaping; d. Proposed signage; e. Changes resulting from the conversion that will upgrade the structure and site and aid in the retention of historically or architecturally significant elements; and f. Any other structural or site changes that would affect the structure's character. 3.7.60.04 - Required Off-Street Parking The City recognizes that section 3.7.60 generally applies to large structures with little or no property for off-street parking either on or off the site. Where it is found that the review criteria of Chapter 2.3 - Conditional Development have been met, the following exception to Chapter 4.1 provisions regarding the location of required parking shall be permitted: LDC December 18, 20003.7-12 a. Off-street parking may be permitted in any adjoining blocks where adequate parking can be made available. Section 3.7.70 - REDEVELOPMENT OF EXISTING OFFICES Existing Offices are permitted uses and may be redeveloped if desired. The redeveloped building may occupy the existing building envelope and shall meet the parking standards contained in Chapter 4.1, even if these requirements interfere with the redevelopment. Section 3.7.80 - MIX OF HOUSING TYPES A mix of permitted housing types is encouraged in the RS-12(U) Zone and shall be required for larger development projects in the zone. To promote such a mix, developments greater than 5 acres in size shall comply with the variety of housing types requirements outlined in Chapter 4.9 - Additional Provisions. Section 3.7.90 - COMPLIANCE WITH PEDESTRIAN ORIENTED DESIGN STANDARDS OF CHAPTER 4.10 AND ADDITIONAL DESIGN STANDARDS 3.7.90.01 - Pedestrian Oriented Design Standards of Chapter 4.10 a. Required Compliance The pedestrian oriented design standards of Chapter 4.10 shall apply to the following types of development in the RS-12(U) Zone: 1. All new buildings or structures for which a valid permit application has been submitted after December 31, 2000; 2. Developments subject to Conditional Development and/or Planned Development approval, as required by a condition(s) of approval(s); and 3. Independent or cumulative expansions of a nonresidential structure in existence and in compliance with this Code on December 31, 2000, or constructed after December 31, 2000 pursuant to a valid Conceptual or Detailed Development Plan approved on or before December 31, 2000, shall comply with the pedestrian requirements of Chapter 4.10 - Pedestrian Oriented Design Standards, sections 4.10.70.02 through 4.10.70.05, with allowances for choices among some standards as identified in 4.10.70.01, provided that: (a) The expansion adds floor area of more than 3,000 sq. ft.; or LDC December 18, 20003.7-13 (b) The expansion adds floor area of more than 500 sq. ft. and is equivalent to more than 20 percent of the existing structure's gross floor area. b. Exceptions to Compliance Independent or cumulative expansions of a nonresidential structure in existence and in compliance with this Code on December 31, 2000, or constructed after December 31, 2000 pursuant to a valid Conceptual or Detailed Development Plan approved on or before December 31, 2000, shall not be required to comply with the design standards of Chapter 4.10 provided that: 1. The expansion adds floor area of 500 sq. ft. or less; or 2. The expansion adds floor area of 3,000 sq. ft. or less and is equivalent to 20 percent or less of the existing structure's gross floor area. 3.7.90.02 - Additional Design Standards a. Building Roof - Roofs shall be gabled or hip type roofs (minimum pitch 3:1) with at least a 30-in. overhang and using shingles or similar roof materials. Alternatives may be approved where the developer can demonstrate that abutting structures or the majority of structures within 300 ft. have roofs similar to what is proposed. b. Building Materials (Exterior Walls) - Lap/horizontal siding or walls of brick, masonry, or stone shall be required. Alternatives may be approved where the developer can demonstrate that abutting structures or the majority of structures within 300 ft. use materials similar to what is proposed. c. Structure Features - Development shall be designed to minimize negative visual impacts affecting the character of the neighborhood by considering the scale, bulk, and character of the nearby structures in relation to the proposed structure. Elements of concern include roof style, offsets in the building's exterior walls and in its roof, types of materials, and other architectural details. Section 3.7.100 - VARIATIONS Variations from development and design standards (i.e., the standards in this chapter and in other chapters addressing parking, landscaping, public improvements, and pedestrian oriented design standards) may be achieved through the Planned Development and Lot Development Option processes outlined in chapters 2.5 and 2.12 of the Code. LDC December 18, 20003.8-1 CHAPTER 3.8 HIGH DENSITY (RS-20) ZONE Section 3.8.10 - PURPOSE This is the primary zone that implements the High Density Residential Comprehensive Plan designation, which allows 20 or more dwelling units per acre. It is intended to provide areas for high density group residential dwelling units and other closely related and/or supportive uses in various areas within the City. Section 3.8.20 - PERMITTED USES 3.8.20.01 - Ministerial Development a. Primary Uses Permitted Outright 1. Residential Use Types (a) Family (b) Group Residential (c) Group Residential/Group Care (d) Residential Care Facilities (e) Fraternities and Sororities 2. Residential Building Types (a) Single Detached (b) Single Detached (Zero Lot Line) (c) Single Attached (Zero Lot Line, 2 units) (d) Attached (Townhouse) (e) Duplex (f) Multi-Dwelling 3. Civic Use Types (a) Community Recreation LDC December 18, 20003.8-2 (b) Lodges, Fraternal and Civic Assembly (c) Postal Services - Customer (d) Public Safety Services (e) Religious Assembly (f) Schools (g) Social Service Facilities 4. Commercial Use Types (a) Professional and Administrative Offices, as defined in Chapter 1.6, existing prior to December 31, 2000. Expansions shall be subject to Conditional Development Review, as noted in section 3.8.20.02 below (b) Lodging Services (Bed and Breakfast only) b. Accessory Uses Permitted Outright 1. Colocated/attached wireless telecommunication facilities on multi- family (three or more stories) residential structures that do not increase the height of the existing structures by more than 10 ft., subject to the standards in Chapter 4.9 - Additional Provisions 2. Colocated/attached wireless telecommunication facilities on nonresidential structures that do not increase the height of the existing structures by more than 10 ft., subject to the standards in Chapter 4.9 3. Essential Services 4. Day Care, Family, as defined in Chapter 1.6 5. Home Business, as defined in Chapter 1.6 6. Horticulture (personal use) 7. Model dwelling units 8. Other development customarily incidental to the primary use in accordance with Chapter 4.3 - Accessory Development Regulations LDC December 18, 20003.8-3 9. Required off-street parking for uses permitted in the district in accordance with Chapter 4.1 - Parking, Loading, and Access Requirements 10. Sports and Recreation (personal use) 11. Tree, Row, and Field Crops (personal use) 3.8.20.02 - Special Development a. Conditional Development - Subject to review in accordance with Chapter 2.3 - Conditional Development and all other applicable provisions of this Code. 1. Colocated/attached facilities on multi-family (three or more stories) residential structures that increase the height of the existing structures by more than 10 ft., subject to the standards in Chapter 4.9 - Additional Provisions 2. Colocated/attached facilities on nonresidential structures that increase the height of the existing structures by more than 10 ft., subject to the standards in Chapter 4.9 3. Day Care, Commercial Facility, as defined in Chapter 1.6 4. Expansion of Offices, as defined in Chapter 1.6, existing prior to December 31, 2000 5. Conversion of a structure to a Professional and Administrative Services use type in accordance with section 3.8.60 6. Cultural Exhibits and Library Services 7. Freestanding wireless telecommunication facilities, subject to the standards in Chapter 4.9 8. Funeral and Interment Services (interring and cemeteries only) 9. Major Services and Utilities 10. Minor Utilities subject to standards in Chapter 4.9 11. Parking Services 12. Participant Sports and Recreation (Indoor and Outdoor) LDC December 18, 20003.8-4 3.8.20.03 - General Development a. Plan Compatibility Review - Subject to review in accordance with Chapter 2.13 - Plan Compatibility Review and all other applicable provisions of this Code. 1. Projections such as chimneys, spires, domes, and towers not used for human occupancy and exceeding 20 ft. over the height of the structure or 75 ft. in height, whichever is less, in accordance with section 4.9.50 of Chapter 4.9 - Additional Provisions. Note: Flagpoles are subject to height requirements in section 4.7.70.b of Chapter 4.7 - Sign Regulations. Table 3.8-1 Section 3.8.30 - RS-20 DEVELOPMENT STANDARDS Standard a. Minimum Density 20 units per acre (applies to the creation of land divisions) b. Maximum Density No maximum c. Minimum Lot Area None d. Minimum Average Lot Width 25 ft. LDC December 18, 20003.8-5 e. Setbacks** 1. Front, Side Yard, and Rear Yard (unenclosed porches may encroach into front yards, provided that a minimum front yard of 5 ft. is maintained) (interior attached townhouses exempt from interior side yard setbacks) 2. Maximum Front Yard Setback 3. Side and Rear Yard Setback Adjacent to Low Density Residential zone 4. Corner Lot 10 ft. minimum, except that portions may be reduced to 5 ft. provided that: 1. The 5-ft. setback is applied to 50 percent or less of the building face related to a yard space; 2. An average 10-ft. setback shall be provided along the building face; and 3. Where buildings exceed a length of 60 ft or exceed 3 stories, the above yard requirements shall be increased at a rate of 1 ft. for each 15 ft. of building length over 60 ft. and 2 ft. for each story over 3 stories. 25 ft.; interior buildings within a development are exempt from this requirement Equal to most restrictive setback in the Low Density Residential zone 10 ft. minimum on side abutting the street, vision clearance areas in accordance with section 4.1.40.c f. Minimum Garage/Carport Setbacks 1. Detached and attached units (a) Garage/carport entrance facing/parallel to the street (b) Garage/carport entrance sideways/perpendicu- lar to street 2. Multi-dwelling units 19 ft. minimum 10 ft. minimum Setbacks from alleys in accordance with section 4.0.60.j Garages/carports are also subject to the provisions in Chapter 4.10 - Pedestrian Oriented Design Standards Off-street parking and garages shall be located interior to the site (see Chapter 4.10) 1 Includes area occupied by buildings, parking, and circulation of automobiles. LDC December 18, 20003.8-6 g. Setbacks from Properties Zoned Agricultural-Open Space (AG-OS) When residential development is proposed next to AG-OS land, a minimum 50-ft.-wide continuous plant or plant/berm buffer is required. Additionally, the minimum setback adjacent to AG-OS is 100 ft. It is the applicant’s responsibility to provide the buffer. h. 1. Maximum Structure Height 2. Maximum Structure Height adjacent to RS-3.5, RS-5, RS-6, RS-9, and RS-9(U) Zones 65 ft. above grade or 5 stories , whichever is less See section 3.8.30.01 below i. Maximum Lot Coverage 75 percent of the lot area maximum1; interior attached townhouses exempt from this provision. Green area is calculated per lot. j. Off-Street Parking See Chapter 4.1 **Outdoor components associated with heat pumps and similar equipment for residential structures shall not be placed within any required setback area. When located outside a setback area, but within 5 - 10 ft. of a property line, such equipment shall be screened on all sides with a solid fence or wall at least 1 ft. higher than the equipment. When located outside a setback area, but greater than 10 ft. from a property line, such equipment requires no screening. Equipment screening requirements for nonresidential structures shall be in accordance with Chapter 4.2. 3.8.30.01 - Structure Height and Building Mass a. Primary structures in the RS-20 Zone shall not exceed a height of 65 ft. or five stories, whichever is less. b. Where a property in the RS-20 Zone abuts a property in the RS-9 or RS-9(U) Zone, the height of structures in the RS-20 Zone is limited to a maximum of 35 ft. within a distance of 20 ft. from the Medium Density Residential property. LDC December 18, 20003.8-7 c. Where a property in the RS-20 Zone abuts a property within the RS-3.5, RS- 5, or RS-6 Zone, the height of structures in the RS-20 Zone is limited to a maximum of 35 ft. and two stories in height within the first 50 ft.; and a maximum of 45 ft. in height within a distance of 50 - 100 ft. from the Low Density Residential property. d. Where the RS-20 Zone is separated from the Low or Medium Density Residential zone by an existing or planned street, the measurements outlined in “b and c” shall be taken from the RS-20 side of the street, and the street shall not be counted to satisfy the distance needed for the step- down in height. In cases where the RS-20 zoning boundary immediately abuts the Low or Medium Density Residential zoning boundary, and an existing or planned street is located within the RS-20 Zone and also abutting the Low or Medium Density Residential zoning boundary, the street shall not be counted to satisfy the distance needed for the step-down in height (see figure for 3.8.30.01.c). e. Where a property in the RS-20 Zone abuts a property in the RS-3.5, RS-5, or RS-6 Zone, buildings on the perimeter of the RS-20 site and closest to the Low Density Residential Zone shall be limited to 150 ft. in length. LDC December 18, 20003.8-8 Section 3.8.40 - MULTIPLE BUILDINGS ON ONE LOT OR SITE To provide privacy, light, air, and access to the dwellings within the development, the following minimum standards shall apply to multiple residential buildings on a single lot or site in the RS-20 Zone: a. Buildings with opposing windowed walls shall be separated by 20 ft. b. Buildings with windowed walls facing buildings with blank walls shall be separated by 15 ft. However, no blank walls are allowed to face streets, sidewalks, or multi- use paths (refer to Chapter 4.10 - Pedestrian Oriented Design Standards). c. Buildings with opposing blank walls shall be separated by 10 ft. As stated in “b” above, no blank walls are allowed to face streets, sidewalks, or multi-use paths (refer to Chapter 4.10). d. Building separation shall also apply to building projections such as balconies, bay windows, and room projections. e. Buildings with courtyards shall maintain separation of opposing walls as listed in "a" through "c" above. f. Where buildings exceed a length of 60 ft. or exceed a height of 30 ft., the minimum wall separation shall be increased. The rate of increased wall separation shall be 1 ft. for each 15 ft. of building length over 60 ft., and 2 ft. for each 10 ft. of building height over 30 ft. g. Driveways, parking lots, and common or public sidewalks or multi-use paths shall maintain the following separation from dwelling units built within 8 ft. of ground level. 1. Driveways and parking lots shall be separated from windowed walls by at least 8 ft.; sidewalks and multi-use paths shall be separated by at least 5 ft. 2. Driveways and parking lots shall be separated from living room windows by at least 10 ft.; sidewalks and multi-use paths shall be separated by at least 7 ft. 3. Driveways and uncovered parking spaces shall be separated from doorways by at least 5 ft. LDC December 18, 20003.8-9 Section 3.8.50 - GREEN AREA, OUTDOOR SPACE, LANDSCAPING, AND SCREENING 3.8.50.01 - Green Area a. A minimum of 25 percent of the gross lot area (or a minimum of 15 percent for center-unit townhouses on interior lots) shall be retained and improved or maintained as permanent green area (landscaping, unprotected preservation areas, and/or pedestrian amenities such as sidewalks, plazas, multi-use paths, patios, decks, etc.) to ensure that the 75 percent maximum lot/site coverage standard of section 3.8.30 is met. A minimum of 10 percent of the gross lot area shall consist of vegetation (landscaping or naturally preserved vegetation). b. Landscaping within the required green area shall be permanently maintained in accordance with Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting. Landscaping shall primarily consist of ground cover, ferns, trees, shrubs, or other living plants and with sufficient irrigation to properly maintain all vegetation. Drought- tolerant plant materials are encouraged. Design elements such as internal sidewalks, pedestrian seating areas, fountains, pools, sculptures, planters, and similar amenities may also be placed within the permanent green areas. c. The required green area shall be designed and arranged to offer the maximum benefits to the occupants of the development and to provide visual appeal and building separation. These provisions shall apply to all new development sites and to an addition or remodeling of existing structures that creates new dwelling units. 3.8.50.02 - Private Outdoor Space Per Dwelling Unit a. Private outdoor space shall be required at a ratio of 48 sq. ft. per dwelling unit. This private outdoor space requirement may be met by providing patios and balconies for some or all dwelling units, or by combining private outdoor space and common outdoor space as allowed by section 3.8.50.04. b. Private outdoor space (patio or balcony) shall have minimum dimensions of 6- by 8-ft. c. Private outdoor space shall be directly accessible by door from the interior of the individual dwelling unit served by the space. d. Private outdoor space shall be screened or designed to provide privacy for the users of the space. LDC December 18, 20003.8-10 e. Private outdoor space may be considered as part of the 25 percent green area required under section 3.8.50.01 if it is located on the ground (e.g., upper-story balconies cannot be counted). 3.8.50.03 - Common Outdoor Space Per Dwelling Unit a. In addition to the private outdoor space requirements of section 3.8.50.02, common outdoor space shall be provided in developments of 20 or more dwelling units, for use by all residents of the development, in the following amounts: 1. Studio, one- and two-bedroom units: 200 sq. ft. per unit 2. Three or more bedroom units: 300 sq. ft. per unit b. The minimum size of any common outdoor space shall be 400 sq. ft., with minimum dimensions of 20- by 20-ft. c. A common outdoor space may include any of the following, provided that they are outdoor areas: recreational facilities such as tennis, racquetball, and basketball courts, swimming pool and spas; gathering spaces such as gazebos, picnic, and barbecue areas; gardens; preserved natural areas where public access is allowed; and children’s tot lots. d. The common outdoor space may be considered as part of the 25 percent green area required under section 3.8.50.01. The common outdoor space shall not be located within any buffer or perimeter yard setback area. e. A children’s tot lot shall be provided for each 20 units. The minimum dimensions for any tot lot shall be 20- by 20-ft., with a minimum size of 400 sq. ft. The tot lot shall include a minimum of three items of play equipment such as slides, swings, towers, and jungle gyms. Any one or a combination of the following shall enclose the tot lot: a 2.5- to 3-ft.-high wall, fence, or planter; or benches or seats. f. Where more than one tot lot is required, the developer may provide individual tot lots or may combine them into larger playground areas. g. Housing complexes that include 20 or more dwelling units designed for older persons do not require tot lots. However, common outdoor space shall be provided as specified in “a” through “d” above. LDC December 18, 20003.8-11 3.8.50.04 - Option to Combine Private and Common Outdoor Space a. The private and common outdoor space requirements may be met by combining them into areas for active or passive recreational use. Examples include courtyards and roof-top gardens with pedestrian amenities. However, where larger common outdoor spaces are proposed to satisfy private outdoor space requirements, they shall include pedestrian amenities such as benches or other types of seating areas. b. The combined outdoor space may be covered, but it shall not be fully enclosed. 3.8.50.05 - Outdoor Space Credits When an RS-20 development site is connected by public sidewalks to an improved public park located immediately adjacent to or directly across the street from the site, a developer may request an outdoor space credit, not to exceed 25 percent of the total outdoor space requirement (private and common outdoor space). Additionally, for sites located within the Downtown Residential Neighborhood (as defined in Chapter 1.6), a developer may request an outdoor space credit that reduces or eliminates the common outdoor space requirements and/or reduces required private outdoor space by a maximum of 25 percent. 3.8.50.06 - Location of Green Area In determining where green areas should be placed on a development site, consideration shall be given to the following: a. Preserving otherwise unprotected natural resources and wildlife habitat on the site, especially as large areas rather than as isolated smaller areas, where there is an opportunity to provide a recreational or relaxation use in conjunction with the natural resource site; b. Protecting lands where development more intensive than a green area use may have a “downstream” impact on the ecosystem of the vicinity. The ecosystem in the vicinity could include stands of mixed species and conifer trees, natural hydrological features, wildlife feeding areas, etc.; c. Enhancing park sites adjacent to the convergence of sidewalks and/or multi- use paths; d. Enhancing recreational opportunities near neighborhood commercial activity centers; and e. Enhancing opportunities for passive relaxation and recreation for residents, employees, and/or visitors within a development site. LDC December 18, 20003.8-12 Section 3.8.60 - CONVERSION OF A UNIT TO A PROFESSIONAL AND ADMINISTRATIVE SERVICES USE TYPES The predominant purpose of the RS-20 Zone is to retain residential unit availability; however, within the zone are structures that, due primarily to their size, condition, or age, cannot be successfully, economically, and fully utilized for residential use. Therefore, the City may allow conversion through a Conditional Development, in accordance with Chapter 2.3, to the "Professional and Administrative Services" use type, using the review criteria below. 3.8.60.01 - Size Limitation Structures must be 4,000 sq. ft. or more and built before December 31, 2000. 3.8.60.02 - Burden of Proof The developer shall prove that: a. The structure cannot feasibly be used for the uses permitted in section 3.8.20 without creating undue financial hardship for both tenants and owners. This may be proved by meeting both of the following: 1. Providing factual data and information on the potential costs of using the structure for residential use (e.g., heating and cooling bills, costs of renovation and repair, continued maintenance, costs for acquisition of additional land, construction for parking, etc.) compared to estimated potential rent or purchase prices for tenants or owners; and 2. Demonstrating that an earnest effort has been made to retain the structure for residential use through established marketing procedures (e.g., advertising, brochures, telephone contact, contact with real estate and marketing professionals, etc.). OR b. It is in the best interest of the community to convert the structure to the Professional and Administrative Services use type. This may be proved by meeting both of the following: 1. Showing that the structure is included on the Corvallis Register of Historic Landmarks and Districts; and 2. Demonstrating that substantial alterations would be necessary to retain the structure for residential use and that alterations would result in the loss or reduction of historical or architectural significance. LDC December 18, 20003.8-13 3.8.60.03 - Development Site Design To ensure that the character of the structure and site will be preserved after conversion, the applicant shall be required to submit plans (in addition to the site plan required in Chapter 2.3) that indicate the following: a. Proposed exterior facade treatment; b. Interior remodeling (showing major structural changes); c. Landscaping; d. Proposed signage; e. Changes resulting from the conversion that will upgrade the structure and site and aid in the retention of historically or architecturally significant elements; and f. Any other structural or site changes that would affect the structure's character. 3.8.60.04 - Required Off-Street Parking The City recognizes that section 3.8.60 generally applies to large structures with little or no property for off-street parking either on or off the site. Where it is found that the review criteria of Chapter 2.3 - Conditional Development have been met, the following exception to Chapter 4.1 provisions regarding the location of required parking shall be permitted: a. Off-street parking may be permitted in any adjoining blocks where adequate parking can be made available. Section 3.8.70 - REDEVELOPMENT OF EXISTING OFFICES Existing offices are permitted uses and may be redeveloped if desired. The redeveloped building may occupy the existing building envelope and shall meet the parking standards contained in Chapter 4.1 - Parking, Loading, and Access Requirements, even if these requirements interfere with the redevelopment. Section 3.8.80 - MIX OF HOUSING TYPES A mix of permitted housing types is encouraged in the RS-20 Zone and shall be required for larger development projects in the zone. To promote such a mix, developments greater than 5 acres in size shall comply with the variety of housing types requirements outlined in Chapter 4.9 - Additional Provisions. LDC December 18, 20003.8-14 Section 3.8.90 - COMPLIANCE WITH THE PEDESTRIAN ORIENTED DESIGN STANDARDS OF CHAPTER 4.10 3.8.90.01 - Required Compliance The pedestrian oriented design standards of Chapter 4.10 shall apply to the following types of development in the RS-20 Zone: a. All new buildings or structures for which a valid permit application has been submitted after December 31, 2000; b. Developments subject to Conditional Development and/or Planned Development approval, as required by a condition(s) of approval(s); and c. Independent or cumulative expansions of a nonresidential structure in existence and in compliance with this Code on December 31, 2000, or constructed after December 31, 2000 pursuant to a valid Conceptual or Detailed Development Plan approved on or before December 31, 2000, shall comply with the pedestrian requirements of Chapter 4.10 - Pedestrian Oriented Design Standards, sections 4.10.70.02 through 4.10.70.05, with allowances for choices among some standards as identified in 4.10.70.01, provided that: 1. The expansion adds floor area of more than 3,000 sq. ft.; or 2. The expansion adds floor area of more than 500 sq. ft. and is equivalent to more than 20 percent of the existing structure's gross floor area. 3.8.90.02 - Exceptions to Compliance Independent or cumulative expansions of a nonresidential structure in existence and in compliance with this Code on December 31, 2000, or constructed after December 31, 2000 pursuant to a valid Conceptual or Detailed Development Plan approved on or before December 31, 2000, shall not be required to comply with the design standards of Chapter 4.10 provided that: a. The expansion adds floor area of 500 sq. ft. or less; or b. The expansion adds floor area of 3,000 sq. ft. or less and is equivalent to 20 percent or less of the existing structure's gross floor area. LDC December 18, 20003.8-15 Section 3.8.100 - VARIATIONS Variations from development and design standards (i.e., the standards in this chapter and in other chapters addressing parking, landscaping, public improvements, and pedestrian oriented design standards) may be achieved through the Planned Development and Lot Development Option processes outlined in chapters 2.5 and 2.12 of the Code. LDC December 18, 20003.9-1 CHAPTER 3.9 MIXED USE RESIDENTIAL (MUR) ZONE Section 3.9.10 - PURPOSE The Mixed Use Residential (MUR) Zone is established to increase housing opportunities in close proximity to designated commercial zones. The MUR Zone is intended primarily for development of multi-family housing at densities high enough to support the retail uses of the adjacent commercial zones and to provide residents with direct and convenient access to commercial services. Varied housing types are encouraged in the MUR Zone. Small-scale retail, office, and service uses are also allowed when they are developed as part of a mixed-use building. Design standards for the MUR Zone emphasize intensive development with building orientation to the street, as described in Chapter 4.10 - Pedestrian Oriented Design Standards. These design standards are tailored to the type of use proposed (e.g., townhouse, multi-family, mixed use). Section 3.9.20 - GENERAL PROVISIONS 3.9.20.01 - Establishment of the MUR Zone The MUR Zone designation shall apply to lands identified as MUR on the Official Zoning Map as of December 31, 2000, except as amended in accordance with the provisions of this chapter and Chapter 2.2 - Zone Changes. Through a legislative or quasi-judicial process consistent with Chapter 2.2 and Chapter 2.0 - Public Hearings, the MUR Zone may also be applied to properties designated Medium- High Density or High Density Residential on the Comprehensive Plan Map. The following locational and dimensional criteria apply to the MUR Zone. a. Locational Criteria The following locational criteria shall be applied to zone changes, in conjunction with Chapter 2.2 - Zone Changes and Chapter 2.0 - Public Hearings. 1. The MUR Zone designation shall be applied only to properties that are contiguous with property designated Commercial on the Comprehensive Plan Map; 2. The outer boundary of the MUR Zone shall extend no farther than 450 ft. (1.5 to 2 blocks) from the edge of the adjacent commercially designated property. Variations from this locational criteria may be requested through the Planned Development process outlined in Chapter 2.5 - Planned Development; and LDC December 18, 20003.9-2 3. Unless designated on the Transportation Plan map, streets shall not make up the boundaries of an MUR Zone when the zone abuts a Low Density Residential zone, except for existing situations as of December 31, 2000. b. Dimensional Criteria A new MUR Zone shall consist of at least one whole legal lot or parcel if the lot or parcel is 1 acre or smaller in size. When multiple tax lots or parcels are included, portions of individual lots or parcels at least 1 acre in size may be included, provided the size of the remainder of each lot or parcel is developable under its zoning designation. Existing public street rights-of-way shall not count toward the total area of a zone. Section 3.9.30 - PERMITTED USES 3.9.30.01 - Ministerial Development a. Primary Uses Permitted Outright 1. Residential Use Types (a) Family (b) Group Residential (c) Group Residential/Group Care (d) Residential Care Facilities (e) Fraternities and Sororities 2. Residential Building Types (a) Single Detached (b) Single Detached (Zero Lot Line) (c) Single Attached (Zero Lot Line, 2 units) (d) Attached (Townhouse) (e) Duplex (f) Multi-Dwelling in a “residential only” development (minimum density of 20 units/gross acre) LDC December 18, 20003.9-3 (g) Multi-Dwelling in a mixed use development that contains a minimum of 10 percent nonresidential use types (minimum density of 12 units/gross acre) (h) Accessory Dwelling 3. Civic Use Types (a) Cultural Exhibits and Library Services (limited to 3,000 sq. ft. per use) (b) Postal Services - Customer (c) Community Recreation (d) Social Service Facilities 4. Commercial Use Types (limited to 3,000 sq. ft. of gross floor area per use) (a) Business Support Services (b) Convenience Sales and Personal Services (c) Day Care, Commercial Facility, as defined in Chapter 1.6 (d) Eating and Drinking Establishments (sit down - 15 or fewer seats) (e) Financial, Insurance, and Real Estate Services (f) Food and Beverage Sales (e.g., deli, espresso bar) (g) Laundry Services (h) Lodging Services (Bed and Breakfast only) (i) Professional and Administrative Offices b. Accessory Uses Permitted Outright 1. Essential Services 2. Home Business, as defined in Chapter 1.6 3. Day Care, Family, as defined in Chapter 1.6 LDC December 18, 20003.9-4 4. Required off-street parking for uses permitted in the zone, in accordance with Chapter 4.1 - Parking, Loading, and Access Requirements 5. Other development customarily incidental to the primary use in accordance with Chapter 4.3 - Accessory Development Regulations 3.9.30.02 - Special Development a. Conditional Development - Subject to review in accordance with Chapter 2.3 - Conditional Development and all other applicable provisions of this Code. 1. Eating and Drinking Establishments (sit down - more than 15 seats) 2. Medical Services - Minor (limited to 3,000 sq. ft. gross floor area) 3. Lodging Services (limited to Bed and Breakfast with five or fewer bedrooms) 4. Religious Assembly (limited to 3,000 sq. ft. of gross floor area per use) 5. Major Services and Utilities (limited to 3,000 sq. ft. of gross floor area per use) 6. Schools 3.9.30.03 - General Development a. Plan Compatibility Review - Subject to review in accordance with Chapter 2.13 - Plan Compatibility Review and all other applicable provisions of this Code. 1. Minor utilities subject to standards in Chapter 4.9 - Additional Provisions 2. Projections (attached to the building) such as chimneys, spires, domes, towers, and flagpoles not used for human occupancy and exceeding 20 ft. over the height of the structure or 75 ft. in height, whichever is less, in accordance with section 4.9.50 of Chapter 4.9 - Additional Provisions. Note: Flagpoles are subject to height requirements in section 4.7.70.b of Chapter 4.7 - Sign Regulations. LDC December 18, 20003.9-5 3.9.30.04 - Prohibited Uses All uses not explicitly listed in sections 3.9.30.01 through 3.9.30.03 are prohibited. For emphasis, the following uses are identified as prohibited: a. Automotive and Equipment Use Types b. Drive-Through Facilities c. Fuel Sales d. Car Washes e. Retail Sales - General f. Any other use not specifically listed in sections 3.9.30.01 through 3.9.30.03 Section 3.9.40 - MUR ZONE DEVELOPMENT STANDARDS 3.9.40.01 - Minimum/Maximum Residential Densities a. Minimum residential densities for strictly residential development within an MUR Zone shall be 20 units per gross acre. b. Minimum residential densities for developments that include mixed uses within an MUR Zone shall be 12 units per gross acre. For these mixed use developments, if less than 20 units per gross acre are provided, the development shall include a minimum of 10 percent of the total gross floor area in nonresidential uses. c. No maximum residential densities are established for the MUR Zone. Building heights regulate maximum densities. 3.9.40.02 - Nonresidential Uses a. Nonresidential uses in the MUR Zone shall not exceed a size of 3,000 sq. ft. of gross floor area per individual use and shall be limited to a maximum of 20 percent of the total gross floor area in the development site. b. Nonresidential uses shall be developed as part of a mixed use building that includes housing (with the exception of civic uses) and shall be developed to maintain a minimum density of 12 dwelling units per acre. When a development site is composed of two or more phases, each phase shall also meet this standard. LDC December 18, 20003.9-6 Table 3.9-1 3.9.40.03 - Setbacks and Lot Coverage Standard a. Minimum Lot Area None b. Minimum Lot Width None c. Setbacks 1. Front and side yard 2. Rear yard setback 3. Side and rear yard setback adjacent to Low Density Residential zone 4. Corner Lot (Front porches may encroach up to 5 ft. into setback area, provided vision clearance is still met and the porch’s finished floor elevation is at least 3 ft. higher than the street sidewalk) 5. Maximum setback against street** (a) Mixed Use Buildings (b) Multi-Dwelling Structures (c) Townhouses (Additions onto existing buildings are not subject to these maximum setbacks) None, except as needed for Uniform Building Code compliance and vision clearance areas in accordance with section 4.1.40.c 10 ft. minimum Equal to most restrictive setback in the Low Density Residential zone 10 ft. minimum on side abutting the street, vision clearance areas in accordance with <
> 5 ft. 15 ft. 13 ft. 1 Includes area occupied by buildings, parking, and circulation of automobiles. LDC December 18, 20003.9-7 d. Minimum Garage/Carport Setbacks 1. Detached and attached units (a) Garage/carport entrance facing/parallel to the street (b) Garage/carport entrance sideways/perpendicu lar to street 2. Multi-dwelling units 19 ft. minimum 10 ft. minimum Setbacks from alleys in accordance with section 4.0.60.j Garages/carports are also subject to the provisions in Chapter 4.10 - Pedestrian Oriented Design Standards Off-street parking and garages shall be located interior to the site (see Chapter 4.10) e. Setbacks from Properties Zoned Agricultural-Open Space (AG-OS) When an MUR development is proposed next to AG-OS land, a minimum 50-ft.- wide continuous plant or plant/berm buffer is required. Additionally, the minimum setback adjacent to AG-OS is 100 ft. It is the applicant’s responsibility to provide the buffer. f. Maximum Lot Coverage 80 percent of the lot area maximum1; interior attached townhouses exempt from this provision. Green area is calculated per lot. g. Off-Street Parking See Chapter 4.1 **Outdoor components associated with heat pumps and similar equipment for residential structures shall not be placed within any required setback area. When located outside a setback area, but within 5 - 10 ft. of a property line, such equipment shall be screened on all sides with a solid fence or wall at least 1 ft. higher than the equipment. When located outside a setback area, but greater than 10 ft. from a property line, such equipment requires no screening. Equipment screening requirements for nonresidential structures shall be in accordance with Chapter 4.2. 3.9.40.04 - Structure Height and Building Mass a. Primary structures in the MUR Zone shall not exceed a height of 65 ft. or five stories, whichever is less. LDC December 18, 20003.9-8 b. Where a property in the MUR Zone abuts a property in the RS-9 or RS-9(U) Zone, the height of structures in the RS-20 Zone is limited to a maximum of 35 ft. within a distance of 20 ft. from the Medium Density Residential property. c. Where a property in the MUR Zone abuts a property in the RS-3.5, RS-5, or RS-6 Zone, the height of structures in the RS-20 Zone is limited to a maximum of 35 ft. or two stories in height within the first 50 ft.; and a maximum of 45 ft. in height within a distance of 50 - 100 ft. from the Low Density Residential property. d. Where the MUR Zone is separated from the Low or Medium Density Residential zone by an existing or planned street, the measurements outlined in “b” and “c” above shall be taken from the MUR side of the street, and the street shall not be counted to satisfy the distance needed for the step-down in height. In cases where the MUR zoning boundary immediately abuts the Low or Medium Density Residential zoning boundary, and an LDC December 18, 20003.9-9 existing or planned street is located within the MUR Zone and also abutting the Low or Medium Density Residential zoning boundary, the street shall not be counted to satisfy the distance needed for the step-down in height (see figure for 3.9.40.c). e. Where a property in the MUR Zone abuts a property in the RS-3.5, RS-5, or RS-6 Zone, buildings on the perimeter of the MUR site and closest to the Low Density Residential Zone shall be limited to 150 ft. in length. Section 3.9.50 - MULTIPLE BUILDINGS ON ONE LOT OR SITE To provide privacy, light, air, and access to the dwellings within the development, the following minimum standards shall apply to multiple residential buildings on a single lot or site in the MUR Zone: a. Buildings with opposing windowed walls shall be separated by 20 ft. b. Buildings with windowed walls facing buildings with blank walls shall be separated by 15 ft. However, no blank walls are allowed to face streets, sidewalks, or multi- use paths (refer to Chapter 4.10 - Pedestrian Oriented Design Standards). c. Buildings with opposing blank walls shall be separated by 10 ft. As stated in “b” above, no blank walls are allowed to face streets, sidewalks, or multi-use paths (refer to Chapter 4.10). d. Building separation shall also apply to building projections such as balconies, bay windows, and room projections. e. Buildings with courtyards shall maintain separation of opposing walls as listed in "a" through "c" above. f. Where buildings exceed a length of 60 ft. or exceed a height of 30 ft., the minimum wall separation shall be increased. The rate of increased wall separation shall be 1 ft. for each 15 ft. of building length over 60 ft., and 2 ft. for each 10 ft. of building height over 30 ft. g. Driveways, parking lots, and common or public sidewalks or multi-use paths shall maintain the following separation from dwelling units built within 8 ft. of the ground level. 1. Driveways and parking lots shall be separated from windowed walls by at least 8 ft.; sidewalks and multi-use paths shall be separated by at least 5 ft. 2. Driveways and parking lots shall be separated from living room windows by at least 10 ft.; sidewalks and multi-use paths shall be separated by at least 7 ft. LDC December 18, 20003.9-10 3. Driveways and uncovered parking spaces shall be separated from doorways by at least 5 ft. Section 3.9.60 - GREEN AREA, OUTDOOR SPACE, LANDSCAPING, AND SCREENING 3.9.60.01 - Green Area a. A minimum of 20 percent of the gross lot area (or a minimum of 10 percent for center-unit townhouses on interior lots) shall be retained and improved or maintained as permanent green area (landscaping, unprotected preservation areas, and/or pedestrian amenities such as sidewalks, plazas, multi-use paths, patios, decks, etc.) to ensure that the 80 percent maximum lot/site coverage standard of section 3.9.40.03 is met. A minimum of 10 percent of the gross lot area shall consist of vegetation (landscaping or naturally preserved vegetation). b. Landscaping within the required green area shall be permanently maintained in accordance with Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting. Landscaping shall primarily consist of ground cover, ferns, trees, shrubs, or other living plants and with sufficient irrigation to properly maintain all vegetation. Drought- tolerant plant materials are encouraged. Design elements such as internal sidewalks, pedestrian seating areas, fountains, pools, sculptures, planters, and similar amenities may also be placed within the permanent green areas. c. The required green area shall be designed and arranged to offer the maximum benefits to the occupants of the development and provide visual appeal and building separation. These provisions shall apply to all new development sites and to an addition or remodeling of existing structures that creates new dwelling units. 3.9.60.02 - Private Outdoor Space Per Dwelling Unit a. Private outdoor space shall be required at a ratio of 48 sq. ft. per dwelling unit. This private outdoor space requirement may be met by providing patios and balconies for some or all dwelling units, or by combining private outdoor space and common outdoor space as allowed by section 3.9.60.04. b. Private outdoor space (patio or balcony) shall have minimum dimensions of 6- by 8-ft. c. Private outdoor space shall be directly accessible by door from the interior of the individual dwelling unit served by the space. LDC December 18, 20003.9-11 d. Private outdoor space shall be screened or designed to provide privacy for the users of the space. e. Private outdoor space may be considered as part of the 20 percent green area required under section 3.9.60.01, if it is located on the ground (e.g., upper-story balconies cannot be counted). 3.9.60.03 - Common Outdoor Space Per Dwelling Unit a. In addition to the private outdoor space requirements of section 3.9.60.02, common outdoor space shall be provided in developments of 20 or more dwelling units for use by all residents of the development, in the following amounts: 1. Studio, one- and two-bedroom units: 200 sq. ft. per unit 2. Three or more bedroom units: 300 sq. ft. per unit b. The minimum size of any common outdoor space shall be 400 sq. ft., with minimum dimensions of 20- by 20-ft. c. A common outdoor space may include any of the following, provided that they are outdoor areas: recreational facilities such as tennis, racquetball, and basketball courts, swimming pool and spas; gathering spaces such as gazebos, picnic, and barbecue areas; gardens; preserved natural areas where public access is allowed; and children’s tot lots. d. The common outdoor space may be considered as part of the 20 percent green area required under section 3.9.60.01. The common outdoor space shall not be located within any buffer or perimeter yard setback area. e. A children’s tot lot shall be provided for each 20 units. The minimum dimensions for any tot lot shall be 20- by 20-ft., with a minimum size of 400 sq. ft. The tot lot shall include a minimum of three items of play equipment such as slides, swings, towers, and jungle gyms. Any one or a combination of the following shall enclose the tot lot: a 2.5- to 3-ft.-high wall, fence, or planter; or benches or seats. f. Where more than one tot lot is required, the developer may provide individual tot lots or may combine them into larger playground areas. g. Housing complexes that include 20 or more dwelling units designed for older persons do not require tot lots. However, common outdoor space shall be provided as specified in “a” through “d” above. LDC December 18, 20003.9-12 3.9.60.04 - Option to Combine Private and Common Outdoor Space a. The private and common outdoor space requirements may be met by combining them into areas for active or passive recreational use. Examples include courtyards and roof-top gardens with pedestrian amenities. However, where larger common outdoor spaces are proposed to satisfy private outdoor space requirements, they shall include pedestrian amenities such as benches or other types of seating areas. b. The combined outdoor space may be covered, but it shall not be fully enclosed. 3.9.60.05 - Outdoor Space Credits When an MUR development site is connected by public sidewalks to an improved public park located immediately adjacent to or directly across the street from the site, a developer may request an outdoor space credit not to exceed 25 percent of the total outdoor space requirement (private and common outdoor space). Additionally, for sites located within the Downtown Residential Neighborhood (as defined in Chapter 1.6), a developer may request an outdoor space credit that reduces or eliminates the common outdoor space requirements and/or reduces required private outdoor space by a maximum of 25 percent. Note: Provisions for the Central Business Zone, the Central Business Fringe Zone, and the Neighborhood Center Zone reference the Mixed Use Residential development standards. The same outdoor space credits available for sites within the Downtown Residential Neighborhood shall be available to sites within the Central Business, Central Business Fringe, and Neighborhood Center zones. 3.9.60.06 - Location of Green Area In determining where green areas should be placed on a development site, consideration shall be given to the following: a. Preserving otherwise unprotected natural resources and wildlife habitat on the site, especially as large areas rather than as isolated smaller areas, where there is an opportunity to provide a recreational or relaxation use in conjunction with the natural resource site; b. Protecting lands where development more intensive than a green area use may have a “downstream” impact on the ecosystem of the vicinity. The ecosystem in the vicinity could include stands of mixed species and conifer trees, natural hydrological features, wildlife feeding areas, etc.; c. Enhancing park sites adjacent to the convergence of sidewalks and/or multi- use paths; LDC December 18, 20003.9-13 d. Enhancing recreational opportunities near neighborhood commercial activity centers; and e. Enhancing opportunities for passive relaxation and recreation for residents, employees, and/or visitors within a development site. Section 3.9.70 - MIX OF HOUSING TYPES A mix of permitted housing types is encouraged in the MUR Zone and shall be required for larger development projects in the zone. To promote such a mix, developments greater than 5 acres in size shall comply with the variety of housing types requirements outlined in Chapter 4.9 - Additional Provisions. Section 3.9.80 - COMPLIANCE WITH THE PEDESTRIAN ORIENTED DESIGN STANDARDS OF CHAPTER 4.10 3.9.80.01 - Required Compliance The pedestrian oriented design standards of Chapter 4.10 shall apply to the following types of development in the MUR Zone: a. All new buildings or structures for which a valid permit application has been submitted after December 31, 2000; b. Developments subject to Conditional Development and/or Planned Development approval, as required by a condition(s) of approval(s); and c. Independent or cumulative expansions of a nonresidential structure in existence and in compliance with this Code on December 31, 2000, or constructed after December 31, 2000 pursuant to a valid Conceptual or Detailed Development Plan approved on or before December 31, 2000, shall comply with the pedestrian requirements of Chapter 4.10 - Pedestrian Oriented Design Standards, sections 4.10.70.02 through 4.10.70.05, with allowances for choices among some standards as identified in 4.10.70.01, provided that: 1. The expansion adds floor area of more than 3,000 sq. ft.; or 2. The expansion adds floor area of more than 500 sq. ft. and is equivalent to more than 20 percent of the existing structure's gross floor area. LDC December 18, 20003.9-14 3.9.80.02 - Exceptions to Compliance Independent or cumulative expansions of a nonresidential structure in existence and in compliance with this Code on December 31, 2000, or constructed after December 31, 2000 pursuant to a valid Conceptual or Detailed Development Plan approved on or before December 31, 2000, shall not be required to comply with the design standards of Chapter 4.10 provided that: a. The expansion adds floor area of 500 sq. ft. or less; or b. The expansion adds floor area of 3,000 sq. ft. or less and is equivalent to 20 percent or less of the existing structure's gross floor area. Section 3.9.90 - VARIATIONS Variations from development and design standards (i.e., the standards in this chapter and in other chapters addressing parking, landscaping, public improvements, and pedestrian oriented design standards) may be achieved through the Planned Development and Lot Development Option processes outlined in chapters 2.5 and 2.12 of the Code. 3.11 - 1 LDC December 18, 2000 CHAPTER 3.11 PROFESSIONAL AND ADMINISTRATIVE OFFICE (P-AO) ZONE Section 3.11.10 - PURPOSE The Professional and Administrative Office (P-AO) Zone implements the Professional Office Comprehensive Plan designation. The P-AO Zone is intended to establish suitable urban areas for diversified office uses in concentrated centers and in appropriate isolated locations. Purposes of this zone also include the following: a. Accommodate location of intermediate uses between residential zones and areas of more intense development; b. Afford opportunities for employment and for business and professional services in close proximity to residential neighborhoods and transportation facilities; c. Provide a range of compatible and supportive uses; d. Promote user convenience and the conservation of energy; and e. Establish development standards that ensure consistency with the Comprehensive Plan. Section 3.11.20 - PERMITTED USES 3.11.20.01 - Ministerial Development a. Prior Established Uses Permitted 1. Uses existing prior to December 31, 2000, and in compliance (e.g., not a nonconforming use type) with the Code on that date. 2. Uses permitted by the Code at the time of approval of a Conceptual or Detailed Development Plan overlying the subject property. b. Primary Uses Permitted Outright 1. Civic Use Types (a) Administrative Services (b) Parking Services (c) Postal Services - Customer 3.11 - 2 LDC December 18, 2000 (d) Public Safety Services 2. Commercial Use Types (a) Business Support Services (b) Finance, Insurance, Real Estate Services (c) Medical Services (d) Professional and Administrative Services (e) Research Services (f) Temporary Outdoor Markets c. Accessory Use Types Permitted Outright 1. Day Care, Commercial Facility 2. Day Care, Family 3. Essential Services 4. Home Business (applicable to residential units) as defined in Chapter 1.6 - Definitions 5. Required off-street parking in accordance with Chapter 4.1 - Parking, Loading, and Access Requirements 6. Other development customarily incidental to the primary uses in accordance with Chapter 4.3 - Accessory Development Regulations 7. Colocated/attached wireless telecommunication facilities on multi- family (three or more stories) residential structures that do not increase the height of the existing structures by more than 17 ft. for whip antennas, including mounting, or by 10 ft. for all other antennas, subject to the standards in Chapter 4.9 - Additional Provisions 8. Colocated/attached wireless telecommunication facilities on nonresidential structures that do not increase the height of the existing structures by more than 17 ft. for whip antennas, including mounting, or by 10 ft. for all other antennas, subject to the standards in Chapter 4.9 3.11 - 3 LDC December 18, 2000 3.11.20.02 - Special Development b. Conditional Development - Subject to review in accordance with Chapter 2.3 - Conditional Development and all other applicable provisions of this Code. 1. Animal Sales and Services (a) Veterinary (Small Animals) (b) Grooming 2. Major Services and Utilities 3. Participant Sports and Recreation - Indoor 4. Freestanding wireless telecommunication facilities greater than 75 ft. in height, subject to the standards in Chapter 4.9 - Additional Provisions 5. Freestanding wireless telecommunication facilities that do not meet the setback or spacing standard requirements of sections 4.9.60.02.b and 4.9.60.02.c of Chapter 4.9 6. Colocated/attached wireless telecommunication facilities on multi- family (three or more stories) residential structures that increase the height of the existing structures by more than 17 ft. for whip antennas, including mounting, or by 10 ft. for all other antennas, subject to the standards in Chapter 4.9 7. Colocated/attached wireless telecommunication facilities on nonresidential structures that increase the height of the existing structures by more than 17 ft. for whip antennas, including mounting, or by 10 ft. for all other antennas, subject to the standards in Chapter 4.9 3.11.20.03 - General Development a. Plan Compatibility Review - Subject to review in accordance with Chapter 2.13 - Plan Compatibility Review and all other applicable provisions of this Code. 1. Drive-Through Facilities accessory to a permitted use (e.g., financial institutions) 3.11 - 4 LDC December 18, 2000 2. Minor Utilities, subject to standards in Chapter 4.9 - Additional Provisions 3. Projections such as chimneys, spires, domes and towers not used for human occupancy and exceeding 55 ft. in height in accordance with section 4.9.50 of Chapter 4.9. If adjacent to an RS-3.5, RS-5, RS-6, RS-9 or RS-9(U), the threshold is 20 ft. above the height of the structure or 55 ft. in height, whichever is less. Note: Flagpoles are subject to height requirements of section 4.7.70.b in Chapter 4.7 - Sign Regulations. 4. Residential use types permitted in the RS-20 Zone, which shall be developed either simultaneously with or following development of primary and accessory uses permitted outright. Residences shall be arranged and located for principal service to the employees or users of one or more primary uses on the same development site or in the immediate vicinity, subject to the regulations of sections 3.11.30 through 3.11.50. 5. Freestanding wireless telecommunication facilities up to 75 ft. in height, subject to the standards in Chapter 4.9 - Additional Provisions. Section 3.11.30 - DEVELOPMENT STANDARDS 3.11.30.01 - Dimensional Requirements Lot size permitted or authorized in this zone shall be adequate to fulfill the applicable minimum lot coverage, development criteria, and parking requirements of the zone. 3.11.30.02 - Setbacks Setbacks from lot lines abutting the following: a. Residential Zones - Shall be equal to the most restrictive setback required in the abutting subject yards. This area shall be established and maintained as a landscaped buffer area in accordance with the applicable standards of Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting. No parking or loading areas or driveways shall occupy the landscaped buffer area. b. Streets - Minimum of 15 ft. from all street rights-of-way. c. All Other Zones - None. 3.11 - 5 LDC December 18, 2000 d. There are no requirements for separation between buildings or setbacks from any created interior lot lines other than those specified in the Uniform Building Code. 3.11.30.03 - Height of Structures a. Structures in the P-AO Zone shall not exceed a height of 45 ft., or three stories, whichever is less. b. Where the P-AO Zone abuts an RS-3.5, RS-5, RS-6, RS-9 or RS-9(U) Zone, the height of structures within the P-AO Zone shall be limited to a maximum of 30 ft. in height (generally two stories) within the first 50 ft. of the property line; and a maximum of 45 ft. in height when more than 50 ft. from contiguous residentially zoned property. 3.11.30.04 - Lot Coverage Impervious surfaces such as building footprints, gravel, and pavement (excluding open space/landscape elements) shall not exceed 65 percent of the gross square footage of the site area. Section 3.11.40 - DEVELOPMENT CRITERIA AND REQUIREMENTS LIST The goals used in developing the following criteria were intended to make the criteria specific and quantifiable, and allow for flexibility in design. The elements of the list are grouped into three categories: General Design Requirements, Additional Site Design Requirements, and Additional Structure Design Requirements. Each element contains several criterion that are often interdependent or have strong causal relationships between each other. 3.11.40.01 - General Design Requirements a. All requirements of chapters 4.0 through 4.7 and Chapter 4.9 shall apply, unless more restrictive provisions are established in this chapter. b. The standards in Chapter 4.10 - Pedestrian Oriented Design Standards shall apply, except for sections <> <<4.10.70.02.d, 4.10.70.04.d, 4.10.70.05.a.1, and 4.10.70.05.b.6.>> 3.11.40.02 - Additional Site Design Requirements The site design <> should mitigate negative effects through the most effective arrangement of structures, parking areas, walks, entries, and landscaping. a. A minimum of 35 percent of the total lot area shall be retained as green area, landscaped with a mixture of vertical elements (trees, tall shrubs, and 3.11 - 6 LDC December 18, 2000 hedges) and horizontal elements (grass, ground cover, etc.). Courtyards, decks, sidewalks, and other features (bike paths, areas of congregation, etc.) can be included in the open space requirement, except that a minimum of 10 percent of the lot area shall be landscaping or preserved vegetation. Parking areas and primary use structures are excluded. b. A minimum of five of the following menu options shall apply: 1. Underground parking for all required parking; 2. Parking arranged in small clusters of not more than 16 spaces in one cluster; 3. Covered parking above grade for all of the required parking; 4. Increase in landscaped area to 15 percent of the lot area; 5. Provide trees on the site greater than 1.5-in. <<“in diameter”? Caliber is an odd choice>> caliber as measured 4 ft. <> <>; 6. Provide shrubs greater than the size typically found in gallon containers upon installation; 7. Provide either dedicated open space or quasi-public open space (protected through scenic or view easements, deed restrictions, special setback requirements, and restriction of tree cutting, etc.) of 20 percent greater than that already provided through the 35 percent requirement in “a” above; and 8. Provide at least 15 percent more bicycle parking facilities than that required in Chapter 4.1 - Parking, Loading, and Access Requirements. This may be achieved by providing more spaces and/or increasing the covered area. c. All requirements of chapters 4.0 through 4.7 and Chapter 4.9 shall apply, unless more restrictive provisions are established in this chapter. 3.11.40.03 - Additional Structure Design Requirements a. Ground-Floor Windows and Doors - A minimum of 30 percent of the length and 25 percent of the first 12 ft. in height from the adjacent grade of any street-facing facade shall contain windows and/or glass doors. Additional requirements for windows shall include the following: 3.11 - 7 LDC December 18, 2000 1. Ground-floor windows shall be framed by bulkheads, piers, or sills where applicable (e.g., recessed window), with a top treatment such as a hood, awning or a storefront cornice separating the ground floor from the second story. (The “Base Treatment” standards in Chapter 4.10 under section 4.10.70.05.b.7.d and the “Top Treatment” standards under section 4.10.70.05.b.7.e shall be used as a guide for providing “bulkheads” and “cornices” that meet this standard.) Alternatively, all ground-floor windows shall provide a minimum 3-in. trim or 3-in. recession. 2. Window Type - Ground-floor windows used to comply with this section shall meet all of the following standards: (a) Opacity of greater than 60 percent prohibited for any required window. (b) Ground-floor windows shall allow views from adjacent sidewalks into working areas or lobbies, pedestrian entrances, or display windows set into the wall. Display cases attached to the outside wall do not qualify. The bottom of windows shall be no more than 4 ft. above the adjacent exterior grade. b. Windows on Commercial Stories above Ground Floors - Each facade on commercial stories above the ground floor and that face a street or other public area accessible to the public shall include at least 20 percent window coverage. c. A minimum of two of the following menu options shall apply: 1. Pitched roofs (minimum 4:12 pitch); 2. Transitional elements between public areas and structures such as landings, fences, foyers, patios, and gates; 3. Inner courtyard or atrium; and/or 4. Development that visually complements a residential neighborhood environment by using similar architectural style elements (i.e., vertical windows, and porches.) Section 3.11.50 - OFF-STREET PARKING FACILITIES Off-street parking facilities shall be provided on the site of each use as described in Chapter 4.1 - Parking, Loading, and Access Requirements. Section 3.11.60 - VARIATIONS 3.11 - 8 LDC December 18, 2000 Variations from development and design standards (i.e., standards in this chapter and other Code chapters that discuss parking, landscaping, public improvements, and pedestrian oriented design standards) may be allowed through the Planned Development and Lot Development Option processes outlined in chapters 2.5 and 2.12 of the Code, respectively. 3.14-1 LDC December 18, 2000 CHAPTER 3.14 NEIGHBORHOOD CENTER (NC) ZONE Section 3.14.10 - PURPOSE The Neighborhood Center (NC) Zone implements the Minor and Major Neighborhood Center Comprehensive Plan designations. The Neighborhood Center Zone is intended to provide for concentrations of civic uses, retail businesses, commercial and personal service activities, and residential/commercial mixed use developments in the core of comprehensive neighborhoods, as envisioned by the Comprehensive Plan. Commercial uses in Minor Neighborhood Centers are intended to serve neighborhood shopping and office needs. Commercial uses in Major Neighborhood Centers are intended to serve broader community shopping and office needs in addition to the needs of the nearby neighborhood. Both Minor and Major Neighborhood Centers are encouraged to the maximum extent possible to include civic uses that support the nearby comprehensive neighborhood. In Major Neighborhood Centers, such civic uses may also serve a larger population. The Neighborhood Center Zone also serves these purposes: a. Locates a range of businesses within convenient walking and cycling distance of residential areas; b. Ensures human-scale development oriented to pedestrian-friendly shopping streets; c. Supports the use of alternative modes of transportation, including walking, riding transit, and bicycling; d. Develops neighborhood cores at an appropriate human scale, while minimizing hazards, noise, traffic congestion, and other related effects of commercial concentrations; e. Implements the Comprehensive Plan provisions for development of “Minor” and “Major” Neighborhood Commercial Centers by establishing Minor NC and Major NC zones on the Official Zoning Map; and f. Provides useful public spaces serving the neighborhood core and surrounding uses. 3.14-2 LDC December 18, 2000 Section 3.14.20 - GENERAL PROVISIONS 3.14.20.01 - Establishment of the NC Zone The NC Zone designation shall apply to lands identified as NC on the Official Zoning Map as of December 31, 2000, except as amended in accordance with the provisions of this chapter, Chapter 2.2 - Zone Changes, and applicable Comprehensive Plan policies. Zone changes to establish new NC zones may be applied only to properties designated Mixed Use Commercial (MUC) or Intensive Development Sector (IDS) on the Comprehensive Plan Map as of December 31, 2000, or properties to which one of these designations is applied through a subsequent or concurrent Comprehensive Plan Map Amendment. The NC Zone also may be applied through a legislative process in accordance with the procedures identified in Chapter 2.0 - Public Hearings. The designation of “Minor NC ” or “Major NC” shall be applied when the zone is established. The following locational and dimensional criteria shall apply to new NC zones. a. Locational Criteria The following locational criteria shall be applied to zone changes, in conjunction with Chapter 2.2 - Zone Changes. 1. The Major NC Zone designation may be applied only to parcels at or near an intersection of collector and/or arterial streets. 2. The Minor NC Zone may be applied to parcels at or near intersections of neighborhood collector, collector, or arterial streets. Intersections may also include a local street, provided that it intersects with a neighborhood collector, collector, or arterial street. 3. As much as practicable, NC Zone boundaries shall occur such that similar uses face each other along street frontages. 3.14-3 LDC December 18, 2000 4. The Minor NC Zone shall have at least 100 ft. of frontage and the Major NC Zone at least 200 ft. of frontage either along an existing or planned shopping street, as defined in Chapter 4.0 - Improvements Required with Development, or along a dedicated public square or plaza. AND EITHER 5. All portions of the NC Zone shall be located within 1/4 mile of existing or planned transit service, and any Major NC Zone shall be located at major intersections along transit routes on arterial streets. OR 6. The NC Zone shall be located in areas determined, through a legislative process (in accordance with Chapter 2.0 - Public Hearings), to be necessary to provide mixed use opportunities and services to the affected comprehensive neighborhood for Minor NC zones, and to the affected comprehensive neighborhood and larger community for Major NC zones. b. Zone Size and Dimensions The following size and dimensional criteria shall be applied to zone changes, in conjunction with Chapter 2.2 - Zone Changes. 1. A new NC Zone shall consist of at least one whole legal lot or parcel if the lot or parcel is 1 acre or smaller in size. When multiple tax lots or parcels are included, portions of individual lots or parcels at least RS-12 RS-12 NC Zone Street NC Zone RS-12 Zone RS-12 RS-9 RS-9 Zone RS-9 RS-9 NC Zone Shoppin NC Zone RS-12 RS-12 RS-20 RS-20Zone RS-20Zone RS-20 RS-20 RS-20Zone NC Zone NC Zone RS-20 Zone RS-20 3.14-4 LDC December 18, 2000 1 acre in size may be included, provided the size of the remainder of each lot or parcel is developable under its zoning designation. Existing public street rights-of-way shall not count toward the total area of a zone. 2. Minor NC zones shall not exceed 3 acres. 3. Major NC zones shall not exceed 12 acres. 4. Exceptions to “2" and “3" above may occur if a site is determined, through a legislative process (in accordance with Chapter 2.0 - Public Hearings), to be necessary to provide mixed use opportunities and services to the affected comprehensive neighborhood. c. Master Site Plan for Major Neighborhood Centers A Master Site Plan for each Major NC Zone shall be required for applicable development, as defined in section 2.10.30 of Chapter 2.10 - Major Neighborhood Center Master Site Plan Requirements. d. Variations Variations from development and design standards (i.e., standards in this chapter and in other Code chapters that discuss parking, landscaping, public improvements, and pedestrian oriented design standards) may be allowed through the Planned Development and Lot Development Option processes outlined in chapters 2.5 and 2.12 of the Code, respectively. Section 3.14.30 - PERMITTED USES Land use in the NC Zone shall conform to the list of permitted use types in Table 3.14-1. Ministerial development involving use types permitted outright are identified with a “P.” General development involving use types subject to Plan Compatibility Review (Chapter 2.13) are identified with a “PC.” Special Development involving use types subject to Conditional Development Review (Chapter 2.3) and Planned Development Review (Chapter 2.5) are identified with a “CD” and a “PD,” respectively. Uses identified with an “N” are not permitted. 1 Uses that were in existence and permitted in zoning prior to December 31, 2000, and are now located in NC zones, shall not be classified as nonconforming uses unless they have been discontinued for a period of at least 18 months, in which case the requirements of section 1.4.40.03 in Chapter 1.4 shall apply. Expansions and enlargements shall comply with all other applicable Code requirements. Redevelopment and reconstruction of buildings in existence and permitted in zoning prior to December 31, 2000, are allowed pursuant to the requirements of section 1.4.50.02. 3.14-5 LDC December 18, 2000 Table 3.14-1 - Permitted Use Types Use Types Permit Procedure Minor NC Major NC a. Prior Established Uses1 1. Uses existing prior to December 31, 2000, and in compliance with the Code on that date P P 2. Uses permitted by the Code at the time of approval of a Conceptual or Detailed Development Plan overlying the subject property P P Table 3.14-1 - Permitted Use Types Use Types Permit Procedure Minor NC Major NC 2 A Civic use type that exceeds 5,000 sq. ft. must demonstrate through a Conditional Development Review that it primarily serves the immediate area. Parks, plazas, and similar public spaces are exempt from this provision. 3.14-6 LDC December 18, 2000 b. Civic Use Types2 1. Administrative Services P P 2. Civic Assembly (maximum use size of 5,000 sq. ft.) P P 3. Civic Assembly (use size > 5,000 sq. ft.) N CD 4. Colocated/attached wireless telecommunication facilities on multi-family (three or more stories) residential structures that do not increase the height of the existing structures by more than 17 ft. for whip antennas, including mounting, or by 10 ft. for all other antennas, subject to the standards in Chapter 4.9 P P 5. Colocated/attached wireless telecommunication facilities on nonresidential structures that do not increase the height of the existing structures by more than 17 ft. for whip antennas, including mounting, or by 10 ft. for all other antennas, subject to the standards in Chapter 4.9 P P 6. Community Recreation CD PC 7. Cultural Exhibits and Libraries P P 8. Essential Services P P 9. Freestanding Wireless Telecommunication Facility N PC 10. Lodge and Fraternal (above ground floor only) CD PC 11. Major Services and Utilities (including hospitals, mass transit waiting stations or turnarounds, and schools (on second floors), but not including uses such as sanitary landfills, airports, or detention and correctional institutions) CD CD Table 3.14-1 - Permitted Use Types Use Types Permit Procedure Minor NC Major NC 3.14-7 LDC December 18, 2000 12. Minor Utilities, subject to Chapter 4.9 standards PC PC 13. Parking Services N CD 14. Postal Services: Customer P P 15. Public Safety P CD 16. Religious Assembly (maximum use size of 5,000 sq. ft.) P P 17. Religious Assembly (use size > 5,000 sq. ft.) N CD 18. University Services and Facilities PC PC c. Commercial Use Types (contained within enclosed building) 1. Agricultural Sales N CD 2. Animal Sales and Service - Grooming, Kennels (indoor), Veterinary (small animals), but excluding other use types P P 3. Automotive and Equipment, subject to the provisions of Chapter 4.10 N CD (a) Car Wash N CD (b) Light Equipment Repairs N CD (c) Light Equipment Sales and Rentals N CD 4. Building Maintenance Services CD P 5. Business Equipment Sales and Services P P 6. Business Support Services P P 7. Day Care, Commercial Facility CD P 8. Communication Service Establishments CD P 9. Construction Sales and Services CD P 10. Convenience Sales and Personal Services, except drive-though facilities P P Table 3.14-1 - Permitted Use Types Use Types Permit Procedure Minor NC Major NC 3.14-8 LDC December 18, 2000 11. Drive-Through Facilities N CD 12. Eating and Drinking Establishments, except drive-through facilities P P 13. Financial, Insurance, and Real Estate Services P P 14. Food/Beverage Retail, except drive-through facilities P P 15. Fuel Sales N CD 16. Funeral and Interment Services (cremating and undertaking only) N CD 17. Laundry Services P P 18. Lodging Services (a) Hotels/Motels - Above ground floor only N CD 19. Medical Services P P 20. Participant Sports and Recreation (a) Indoor (b) Outdoor P N P CD 21. Professional and Administrative Services P P 22. Repair Services - Consumer P P 23. Research Services PC P 24. Retail Sales P P 25. Spectator Sports and Entertainment (a) Limited (b) Other CD N PC CD 26. Technical Support Center - upper floors only P P 27. Telemarketing Center - upper floors only P P 28. Temporary Outdoor Markets, limited to farmers markets and similar uses PC P Table 3.14-1 - Permitted Use Types Use Types Permit Procedure Minor NC Major NC 3 Single-family residential units approved and constructed prior to annexation are allowed as nonconforming uses. 4 All accessory uses shall comply with the provisions of section 3.14.40.01. 3.14-9 LDC December 18, 2000 d. Residential Use Types: Family, Group Residential, Group Residential/Group Care, Residential Care Facilities, Home Business3 P P e. Residential Building Types: Attached (Townhouse), Multi-Dwelling. Any residential building type may be authorized through a Planned Development approval PC P f. Accessory Uses4 1. Essential Services (contained within enclosed building) P P 2. Required off-street parking in accordance with Chapter 4.1 P P 3. Other development customarily incidental to the primary use in accordance with Chapter 4.3 (contained within enclosed building) P/PC P g. Projections such as chimneys, spires, domes, and towers not used for human occupancy and exceeding 75 ft. in height, in accordance with Chapter 4.9. If adjacent to an RS-3.5, RS-5, RS-6, RS-9 or RS-9(U) zone, the threshold is 20 ft. above the height of the structure or 45 ft. in height, whichever is less. N PC Section 3.14.40 - NC ZONE DEVELOPMENT STANDARDS 3.14.40.01 - Use and Building Size All development shall comply with the following standards for use and building size. a. Minor NC Zone 1. The maximum size of a use shall be 5,000 sq. ft., except that uses fronting an arterial or collector street may be 15,000 sq. ft. per use. 3.14-10 LDC December 18, 2000 2. The maximum building footprint shall be 20,000 sq. ft. per building except that the footprint of buildings fronting arterial or collector streets may be 25,000 sq. ft. Floor space exceeding 20,000 sq. ft. of gross floor area within one building footprint (or 25,000 sq. ft. for buildings on arterial or collector streets) shall be accommodated on additional floors (basements, full floors, partial floors, and/or mezzanines). b. Major NC Zone 1. There is no maximum size of uses in the Major NC Zone, with the exception of the “Construction Sales and Services” use type. This use type shall not exceed 55,000 sq. ft. of total sales and storage area (not including parking), and no more than 50 percent of the site area shall be dedicated to unenclosed display/storage area. 2. The maximum building footprint shall be 55,000 sq. ft. 3. Floor space exceeding 55,000 sq. ft. of gross floor area within one building footprint shall be accommodated on additional floors (basements, full floors, partial floors, and/or mezzanines). 3.14.40.02 - Location of Residential Uses In Minor and Major NC zones, housing shall not be permitted on a ground floor space that faces a shopping street. Housing on the ground floor is allowed if it faces a street other than a shopping street or is oriented to a courtyard, alley, lane, or other access set back from the shopping street that provides pedestrian access to public right-of-way in accordance with Chapter 4.10 - Pedestrian Oriented Design Standards. 3.14.40.03 - Location of Civic Use Types Civic use types such as community buildings, government offices, recreation centers, and libraries should be located in central locations as highly visible focal points. Civic uses shall also be located within 300 ft. of transit stops, unless an exception is provided in accordance with section 3.14.20.01.a.5. 3.14.40.04 - Common Outdoor Space NC zones shall include common outdoor space, such as a park, plaza, pedestrian promenade (e.g., shopping street sidewalks wider than the minimum required), or other public gathering area. The common outdoor space may be publicly or privately owned but must be accessible to the general public. Privately owned common outdoor space shall have a public access easement that meets the approval of the City Engineer. 3.14-11 LDC December 18, 2000 Common outdoor space shall be located in a central or other location conducive to creating a focal point for the neighborhood center. The size of the common outdoor space shall be established through the Major Neighborhood Center Master Site Plan process (for Major NC zones) or through compliance with the lot coverage standards in section 3.9.40.07 of Chapter 3.9 - Mixed Use Residential (MUR) Zone. Residential components of the NC zones shall comply with the “green area” requirements of section 3.9.50. 3.14.40.05 - Commercial Floor Area Ratio and Preservation of Commercial Land Supply Minimum commercial floor area ratios (FARs) are required for all property within the NC Zone. This requirement ensures that commercial land is preserved for primarily commercial purposes. For an explanation of how to apply/calculate FARs, refer to “Floor Area Ratio” in Chapter 1.6 - Definitions. All commercial and mixed use developments shall comply with the following standards for commercial floor area. a. Commercial Use Types For commercial use types, the minimum floor area ratio (FAR) shall be 0.25 and the maximum FAR shall be 1.0. b. Excluded Features Residential uses and structured parking shall be excluded from the maximum FAR. c. FAR Exceptions Process To increase FARs above the established maximum, an applicant must apply for a Planned Development in accordance with Chapter 2.5 - Planned Development. In all cases, the primary use of the property shall remain commercial. 3.14.40.06 - Mixed Use Standards a. Residential Ground-Floor Uses Residential uses located on the ground floor shall not exceed 50 percent of the ground floor space per parcel. However, the Planned Development process may be used to transfer ground-floor commercial and residential uses among parcels in the same development (resulting in stand alone residential uses) provided that no more than 50 percent of the ground floor space in the entire development is residential. 5 Where existing sidewalks are not consistent with the standards for shopping streets contained in section 4.0.60.l of Chapter 4.0, a building’s minimum setback shall provide the opportunity for improvement of the sidewalk to these standards. 6 Corners require compliance with clear vision and pedestrian standards (i.e., building orientation and entrance standards) 3.14-12 LDC December 18, 2000 b. Residential Density in Mixed Use Developments The minimum residential density for mixed use developments involving stand-alone residential buildings shall be 20 units per gross acre. For mixed use buildings, no minimum densities are established. For this standard, residential densities shall be calculated only for the portion of the site being used for residential uses (including residential structures, parking areas, landscaping, circulation areas, etc.). Modifications to this standard can be requested through a Planned Development Review process in accordance with Chapter 2.5 - Planned Development. 3.14.40.07 - Setbacks There is no minimum setback in NC zones. Maximum setbacks in NC zones shall conform to Table 3.14-2. Ministerial development involving use types permitted outright are identified with a “P.” General development involving use types subject to Plan Compatibility Review (Chapter 2.13) are identified with a “PC.” Special Development involving use types subject to Planned Development Review (Chapter 2.5) are identified with a “PD.” Table 3.14-2 Setbacks Setback1 Maximum Permit Procedure Front5 5 ft. P 20 ft. PC >20 ft. PD Side6 none P Rear none P 3.14.40.08 - Structure Height Structure heights shall comply with the following standards. 3.14-13 LDC December 18, 2000 a. Minor NC Zone Structures shall not exceed a height of 35 ft. or three stories. Planned Development approvals may authorize buildings up to a maximum of 75 ft. or six stories in a Minor Neighborhood Center. For such approvals, all stories above the third shall be used only for residential purposes. b. Major NC Zone Structures shall not exceed a height of 75 ft. or six stories. All stories above the third shall be used only for residential purposes. c. Step-Down Height Where the NC Zone abuts an RS-3.5, RS-5, RS-9 or RS-9 (U) zone along a property line or alley, the height of structures within the NC Zone shall be limited to a maximum of 35 ft. within a distance of 20 ft. from this boundary. 3.14.40.09 - Alleys and Access Consolidation a. Alleys shall be required for all new blocks created in NC zones, and provided in accordance with the standards in Chapter 4.0 - Improvements Required with Development. This standard is intended to apply to undeveloped sites that can accommodate new blocks developed in accordance with block standards in Chapter 4.0. Although adherence to this standard is encouraged, this standard is not necessarily intended to apply to redevelopment of, or intensification of uses on, developed sites in every case. b. With development, access consolidation, particularly along arterials, shall be required to the maximum extent practicable. Access consolidation shall be accomplished as approved by the City Engineer, and/or as required by applicable access control plans approved by the City Council. Connectivity between adjacent parking and vehicle circulation areas and internal to development sites shall be implemented where practicable. 3.14.40.10 - Compliance with Pedestrian Oriented Design Standards a. Independent or cumulative expansions of a commercial or civic structure in existence and in compliance with this Code on December 31, 2000, or constructed after December 31, 2000 pursuant to a valid Conceptual or Detailed Development Plan approved on or before December 31, 2000, shall not be required to comply with this section provided that: 1. The expansion adds floor area of 500 sq. ft. or less; or 3.14-14 LDC December 18, 2000 2. The expansion adds floor area of 3,000 sq. ft. or less and is equivalent to 20 percent or less of the existing structure's gross floor area. b. Independent or cumulative expansions of a commercial or civic structure in existence and in compliance with this Code on December 31, 2000, or constructed after December 31, 2000 pursuant to a valid Conceptual or Detailed Development Plan approved on or before December 31, 2000, shall comply with the pedestrian requirements of Chapter 4.10 - Pedestrian Oriented Design Standards, sections 4.10.70.02 through 4.10.70.05, with allowances for choices among some standards as identified in 4.10.70.01, provided that: 1. The expansion adds floor area of more than 3,000 sq. ft.; or 2. The expansion adds floor area of more than 500 sq. ft. and is equivalent to more than 20 percent of the existing structure's gross floor area. c. All new buildings or structures for which a valid permit application has been submitted after December 31, 2000, shall comply with all standards in Chapter 4.10 - Pedestrian Oriented Design Standards. Section 3.14.50 - SHOPPING STREET REQUIREMENTS Shopping streets are intended to be active pedestrian areas with a concentration of retail services and eating and drinking establishments on the ground floors of all buildings. 3.14.50.01 - Shopping Street Required Every NC Zone shall include at least one shopping street consistent with the shopping street provisions in Chapter 4.0 - Improvements Required with Development, and/or a public square toward which ground-floor commercial and/or civic uses are oriented. 3.14.50.02 - Designation of Shopping Streets A shopping street location shall be designated in one of the following ways: a. Through an approval issued by a discretionary review body as part of a Special Development review (e.g., for a Major NC, approval by the Planning Commission); or b. Through approval by the Director (e.g., for a Minor NC, a Director’s Interpretation), provided that all shopping streets comply with all of the 3.14-15 LDC December 18, 2000 standards for shopping street development in Chapter 4.0 - Improvements Required with Development. When a shopping street location has been designated through one of the methods above, all future development shall be consistent with the shopping street standards specified in Chapter 4.0, or with standards specified in conditions of approval associated with a discretionary decision. 3.14.50.03 - Prohibited Location of Uses The following uses, and those determined to have the same Use Type classification under Chapter 3.0 - Use Classifications, are prohibited from facing shopping streets, unless they are authorized as part of a Planned Development. a. Residential Use Types on the Ground Floor Ground-floor residential use types are prohibited from facing shopping streets. However, access to ground-floor or upper-floor residential uses is permitted via courtyards or common access pedestrian ways. Any access connection between the courtyards/common pedestrian ways and the shopping street shall be no wider than 20 ft., and such connections shall cumulatively constitute no more than 10 percent of any shopping street block face. The courtyard or common access pedestrian area shall not be used in calculating the private outdoor space requirements of the associated residential uses. In addition, the longest side of the courtyard/common pedestrian way shall not face a parking lot. b. Uses Highly Dependent on Automobile Circulation These uses are prohibited from facing a shopping street: Drive-Through Facilities; Eating and Drinking Establishments - Fast Order Food Drive-Through; Car Washes; and Fuel Sales. c. Lodging Services Uses on the Ground Floor Ground floor Lodging Services use types are prohibited from facing shopping streets. However, access to adjacent or upper floors of such uses is permitted via lobbies or common areas shared with other businesses. d. Lodge and Fraternal Assembly Uses on the Ground Floor Lodge and Fraternal Assembly use types are prohibited on the ground floor. However, access to adjacent or upper floors of such uses is permitted via lobbies or common areas shared with other businesses. 3.14-16 LDC December 18, 2000 1. Setbacks are measured from the right-of-way. Section 3.14.60 - COMPLIANCE WITH THIS CODE All development shall comply with applicable design standards and other provisions of the Code including, but not limited to, chapters 4.0, 4.1, 4.2, 4.6, 4.7, and 4.9. The block standards established in section 4.0.60 of Chapter 4.0 - Improvements Required with Development shall apply to development on undeveloped sites and are encouraged to the maximum extent practicable on redevelopment of developed sites. LDC December 18, 20003.15-1 CHAPTER 3.15 RIVERFRONT (RF) ZONE Section 3.15.10 - PURPOSE The Riverfront (RF) Zone implements the Central Business Comprehensive Plan designation for a portion of the core downtown area. It is intended to provide an area for commercial, civic, and residential uses, and to merge downtown with the Riverfront Commemorative Park in a pedestrian-friendly, multi-use neighborhood that focuses on the river. While the zone does not permit new low density building types, it does encourage dwelling units in, or attached to, buildings containing commercial activities. Development in the Riverfront Zone is intended to enhance public safety and the pedestrian experience by encouraging the presence of citizens 24 hours a day. Allowed uses such as retail office and restaurants with windows to the sidewalk and a residential neighborhood promote the greatest public access and activity. Large-scale civic and cultural facilities are encouraged in the Riverfront Zone, provided the uses and activities promote the basic function of the zone. Such uses shall be reviewed for their character and contribution to the viability of the Riverfront Zone and to the Corvallis Central Business Zone, and may be reviewed under the Lot Development Option or Planned Development procedures outlined in chapters 2.12 and 2.5, respectively, should variations to development standards be needed. Safe, adequate, and convenient parking for employees, customers, and residents is desired through the use of on-street parking and parking facilities that are functionally and visually compatible with the pedestrian orientation of the area. Structured parking facilities are encouraged to promote use densities that enhance the intended high level of neighborhood safety and pedestrian activity within the multi-use neighborhood. To the extent that they meet the other purposes of the RF Zone and other requirements of the Code, creative measures to provide needed parking within the RF Zone and potentially within the Central Business Zone are encouraged to foster community-preferred activities in the RF Zone. Section 3.15.20 - GENERAL PROVISIONS 3.15.20.01 - Establishment of the RF Zone The provisions of the RF Zone shall apply only to properties designated RF on the Official Zoning Map, effective December 31, 2000. 3.15.20.02 - Variations Variations from development and design standards (i.e., the standards in this chapter and in other chapters addressing parking, landscaping, public improvements, and pedestrian oriented design standards) may be achieved through LDC December 18, 20003.15-2 the Planned Development and Lot Development Option processes outlined in chapters 2.5 and 2.12 of the Code. Section 3.15.30 - PERMITTED USES 3.15.30.01 - Ministerial Development a. Primary Uses Permitted Outright 1. Prior Established Use Types (a) Use types existing prior to December 31, 2000, and in compliance with the Code on that date. (b) Use types permitted by the Code at the time of approval of a Conceptual or Detailed Development Plan overlying the subject property. 2. Residential Use Types (a) Family (b) Group Residential (c) Group Residential/Group Care (d) Residential Care Facilities 3. Residential Building Types - Multi-Dwelling. In the RF Zone, this includes only non-ground-floor dwelling units in buildings intended primarily for commercial and civic uses; however, access areas such as stairways and lobbies are permitted on the ground floor adjacent to sidewalks. 4. Civic Use Types (a) Administrative Services (b) Social Service Facilities (c) Community Recreation (d) Cultural Exhibits and Library Services (e) Lodges, Fraternal and Civic Assembly LDC December 18, 20003.15-3 (f) Parking Services (structured parking, surface parking along alleys, or surface parking interior to sites(s) and accessed only via the alley) (g) Postal Services (h) Public Safety (i) Religious Assembly (j) Schools (above ground floor) (k) Colocated/attached wireless telecommunication facilities on multi-family (three or more stories) residential structures that do not increase the height of the existing structures by more than 17 ft. for whip antennas, including mounting, or by 10 ft. for all other antennas, subject to the standards in Chapter 4.9 - Additional Provisions. (l) Colocated/attached wireless telecommunication facilities on nonresidential structures that do not increase the height of the existing structures by more than 17 ft. for whip antennas, including mounting, or by 10 ft. for all other antennas, subject to the standards in Chapter 4.9. 5. Commercial Use Types (a) Animal Sales and Services (1) Grooming (2) Veterinary (small animals) (b) Business Equipment Sales and Services (c) Business Support Services (d) Communication Services (e) Convenience Sales and Personal Services (f) Day Care, Commercial Facility (g) Eating and Drinking Establishments, except drive-through facilities (h) Financial, Insurance, and Real Estate Services LDC December 18, 20003.15-4 (i) Food and Beverage Sales (j) Medical Services (k) Participant Sports and Recreation (1) Indoor (2) Outdoor (l) Professional and Administrative Services (m) Repair Services - Consumer (n) Research Services (o) Retail Sales - General (p) Spectator Sports and Entertainment, Limited (q) Technical Support Center - upper floors only (r) Telemarketing Center - upper floors only (s) Lodging Services (Hotel/Motel) - In the RF Zone, this includes only non-ground-floor rooms; however, access areas such as stairways and lobbies are permitted on the ground floor adjacent to sidewalks. 6. Industrial Use Types (a) Limited Manufacturing (b) Technological Production 7. Parking Services, in accordance with this chapter b. Accessory Uses Permitted Outright 1. Essential Services 2. Day Care, Family, accessory to a permitted residential use 3. Home Business, when conducted in conjunction with a permitted residential use LDC December 18, 20003.15-5 4. Off-street surface and/or structured parking, in accordance with this chapter 5. Other development customarily incidental to the primary use in accordance with Chapter 4.3 - Accessory Development Regulations 3.15.30.02 - Special Development a. Conditional Development - Subject to review in accordance with Chapter 2.3 - Conditional Development and all other applicable provisions of this Code. 1. Occupied towers or penthouses over 75 ft. high, per section 3.15.40.02. 3.15.30.03 - General Development a. Plan Compatibility Review - Subject to review in accordance with Chapter 2.13 - Plan Compatibility Review and all other applicable provisions of this Code. 1. Minor Utilities, as projections only, subject to standards in Chapter 4.9 - Additional Provisions. 2. Projections such as chimneys, spires, domes, and towers not used for human occupancy and exceeding 75 ft. in height, in accordance with Chapter 4.9. If adjacent to an RS-3.5, RS-5, RS-6, RS-9, or RS- 9(U) zone, the threshold is 20 ft. above the height of the structure or 85 ft. in height, whichever is less. Section 3.15.40 - DEVELOPMENT STANDARDS 3.15.40.01 - Lot Area and Setback Requirements a. The RF Zone has no minimum parcel area and no minimum setbacks, except as provided in “b,” below, and as required for vision clearance (e.g., at parking structure entrances and intersections). b. A building’s occupied space shall extend to the street along at least 75 percent of the property line at the sidewalk. An unlimited setback can be applied to a maximum of 25 percent of the property line when development incorporates enhanced pedestrian spaces and amenities that occupy 100 percent of the additional setback area. Enhanced pedestrian spaces and amenities consist of publicly accessed features including plazas, arcades, courtyards, lawns, outdoor cafes, widened sidewalks, benches, shelters, street furniture, or kiosks. Enhanced pedestrian spaces shall open to the LDC December 18, 20003.15-6 sidewalk, include at least one adjoining entry into a building, and meet ground-floor development standards. 3.15.40.02 - Structure Height and Step-Backs a. Buildings shall be a minimum of three stories in height. b. Beginning with the third floor, step-backs of upper stories are permitted along sidewalks. A minimum 2.5 Floor Area Ratio shall be maintained. c. Maximum structure height shall be 75 ft. d. Structure height excludes parapets or pitched roofs. e. Occupied towers or penthouses above 75 ft. may be permitted subject to Conditional Development Review. 3.15.40.03 - Weather Protection New development in the RF Zone shall include the provision and maintenance of at least a 6-ft.-wide weather-protected area adjacent to the sidewalk, with a minimum of 60 percent sidewalk coverage along the face of buildings, and no uncovered areas longer than 20 ft. Back-lit plastic awnings are prohibited. 3.15.40.04 - Ground-Floor Uses, Window Standards, and Primary Entrances The applicable provisions of Chapter 4.10 - Pedestrian Oriented Design Standards and all of the following standards shall apply to development in the RF Zone. Where conflicts exist between this chapter and Chapter 4.10, the provisions of “a” through “d,” below, shall prevail. a. Residential and Lodging Services uses shall not be permitted in ground-floor space; however, access areas (stairways, lobbies, etc.) are permitted on the ground floor adjacent to sidewalks. b. A minimum of 60 percent of the length of the building street frontage shall be glass with a maximum sill height above grade of 30 in. The glass shall extend no less than 84 in. above sidewalk grade. Tinted and/or mirrored glass/glazing is not permitted as ground-floor windows used to meet this standard along street facades. c. Buildings shall have at least one entrance oriented toward each abutting street or sidewalk, with the primary entrance oriented toward First Street, Second Street, or toward a corner where two streets intersect. LDC December 18, 20003.15-7 d. Secondary entrances shall be required on larger buildings. The distance between a building’s entrances cannot exceed 100 ft. Section 3.15.50 - LANDSCAPING Landscaping and screening shall be required in accordance with the Riverfront Commemorative Park Plan and associated graphics, which were approved by the City Council on February 26, 1997 and as amended over time. Section 3.15.60 - OFF-STREET PARKING 3.15.60.01 - Standards for Off-Street Parking Facilities a. Vehicle entries/exits serving off-street parking facilities shall not be allowed along First Street. b. Alleys or vehicle accessways dividing blocks shall be constructed in the following manner: 1. Unobstructed travel lane width shall be a minimum of 12 ft. for one- way alleys and 20 ft. for two-way alleys or vehicle accessway facilities. 2. Where parking is provided along an alley or vehicle accessway, the following standards apply: (a) The parking shall not interfere with required refuse and recycling facilities, utilities, or pedestrian facilities; and (b) The unobstructed travel lane width abutting the parking spaces shall be a minimum of 14 ft. Alleys constructed before adoption of this Code are exempt from this requirement. c. Above- and/or below-ground parking structures shall meet the following design requirements:: 1. Where parking structures front streets, retail and other uses shall be required along the ground-level frontage, except that parking access entries/exits, when needed, may be located no farther east than the first 25 ft. immediately east of the alley or vehicle accessway; and 2. Parking structures shall not be visible from any street in the RF Zone. Visibility shall be blocked along the streets (except down alleys or vehicle accessways) by occupiable building spaces that meet the RF Zone standards. LDC December 18, 20003.15-8 d. Required parking may be provided through easements on properties within 200 ft. of a proposed development. 3.15.60.02 - Baseline Riverfront Zone Parking Requirements a. Parking requirements in the RF Zone are reduced from the standards required in Chapter 4.1 - Parking, Loading, and Access Requirements, and shall be as follows: Table 3.15-1 Baseline Riverfront Zone Parking Requirements Floor Area Ratio Use Type Parking Requirement Restaurant Retail Office Residential Entertainment FAR 2.0 Min. No Residential 1 space per 100 sq. ft. 1 space per 505 sq. ft. 1 space per 450 sq. ft. 1 space per unit 1 space per 6 seats FAR 2.0 Min. with Residential 1 space per 150 sq. ft. 1 space per 560 sq. ft. 1 space per 480 sq. ft. 1 space per unit 1 space per 6 seats FAR 2.5 Min. No Residential 1 space per 200 sq. ft. 1 space per 615 sq. ft. 1 space per 515 sq. ft. 1 space per unit 1 space per 6 seats FAR 2.5 Min. with Residential 1 space per 250 sq. ft. 1 space per 670 sq. ft. 1 space per 550 sq. ft. 1 space per unit 1 space per 6 seats b. The baseline parking requirements shall apply to new development and to the remodeling, redevelopment, expansion, and change in use of buildings. The 2.0 minimum FAR standards apply only to expansions of existing 1-story buildings in the RF Zone. c. Up to 100 percent of required vehicle parking and covered bicycle parking for commercial uses may be met by contributing to a “fee-in-lieu-of” parking program established by the City. d. The total parking requirements for a proposed development shall be reduced by multiplying the footprint of the proposed building (not including surface parking) by the total public parking in the Riverfront Zone as of December 31, 2000, with the sum divided by total lot area in the Riverfront Zone. For example, 381,241 sq. ft. of lot area in the RF Zone and 562 parking spaces results in 0.001474 spaces per sq. ft. of building footprint or 1.5 spaces per 1,000 sq. ft. e. If new on-street parking is created by a property owner permanently surrendering an existing street entrance to his/her property (and which street entrance is not moved to another location), the property owner can receive an off-street parking reduction equal to two spaces for every one new on- street parking space created in the process of surrendering existing entrance(s). This credit may be applied to future building permits. LDC December 18, 20003.15-9 3.15.60.03 - Additional Allowed Reductions for Nonresidential Parking Requirements a. An applicant may substitute internal and secure employee bicycle parking for required off-street vehicle parking at a rate of four bicycle spaces per one parking space, up to a maximum of 10 percent of the required baseline from “b” above. b. For gross FAR in excess of 3.0, a parking credit shall be calculated at the rate of 0.25 spaces per 1,000 sq. ft. of the additional floor area. c. Residential Credit - A parking credit of 0.25 spaces per residential unit shall be allowed for each residential unit constructed in floor area that is in excess of the required 2.5 gross commercial FAR. d. Transit Credit - An applicant may use a secured (e.g., bonded) implementation of a Ride-Free or other approved Transportation Demand Management plan to reduce the baseline required parking by 5 percent. The recipient of the credit shall provide annual proof of implementation. The security shall be executed should the plan not be implemented. Security shall be posted for a 10-year period, after which time the bond may be recovered if proof is provided that the program has been continuously implemented. 3.15.60.04 - Structured Parking Credit and Incentive Each structured parking space constructed shall count as two spaces against the required parking for a nonresidential development (i.e., a 50 percent reduction). 3.15.60.05 - Interim Parking Standards and Alternate Parking Proposals Parking studies and analyses are currently underway by the City and the Parking Commission. New data may indicate the need to adjust parking requirements in section 3.15.60. Until the new data is available and any subsequent changes are formally incorporated into a revised section 3.15.60, a development may propose alternate methods of calculating parking requirements through the Planned Development and Lot Development Option processes outlined in chapters 2.5 and 2.12 of the Code, respectively. Section 3.15.70 - SIDEWALKS A public sidewalk shall adjoin every private/public property line, whether there is a street or not, except within alleys (unless otherwise required by this chapter). The sidewalk shall conform to City standards including the special standards adopted in the Riverfront Commemorative Park Plan and Drawings adopted by the City Council on February 26, 1997, as amended over time. LDC December 18, 20003.15-10 Section 3.15.80 - SIGNS Refer to the Central Business Zone standards in Chapter 4.7 - Sign Regulations for sign regulations in the Riverfront Zone, with the following exceptions: a. Pole signs and monument signs are not permitted. b. Internally illuminated signs are not permitted. Neon signs are permitted. Section 3.15.90 - COMPLIANCE WITH THE RIVERFRONT COMMEMORATIVE PARK PLAN AND THIS CODE All development shall comply with applicable design standards and other provisions of the Riverfront Commemorative Park Plan and associated graphics, adopted by the City Council on February 26, 1997, and as amended over time. All development shall also comply with the applicable design standards and other provisions of the Code including, but not limited to, portions of Article IV chapters 4.0, 4.1, 4.2, 4.6, 4.7 and 4.9. The block standards established in section 4.0.60 of Chapter 4.0 - Improvements Required with Development shall apply to development on undeveloped sites and are encouraged to the maximum extent practicable on redevelopment of developed sites. If a design standard or other provision of the Riverfront Commemorative Park Plan conflicts with the standards of the Code, the Riverfront Commemorative Park Plan shall prevail. LDC November 9, 20003.16-1 CHAPTER 3.16 CENTRAL BUSINESS (CB) ZONE Section 3.16.10 - PURPOSE This zone implements the Central Business Comprehensive Plan designation. It is intended to provide an area for commercial uses, as well as civic and residential uses, and to provide all basic services and amenities required to keep the downtown the vital center of our community. While the zone does not permit new low density building types, it is not intended to preclude dwelling units in buildings containing commercial activities. Section 3.16.20 - PERMITTED USES 3.16.20.01 - Ministerial Development a. Primary Uses Permitted Outright 1. Residential Use Types (a) Family (b) Group Residential (c) Group Residential/Group Care (d) Residential Care Facilities 2. Residential Building Types (a) Single Detached (existing prior to adoption of this Code) (b) Single Detached (Zero Lot Line) (existing prior to adoption of this Code or when added to existing development on an underdeveloped site) (c) Single Attached (Zero Lot Line, 2 units) (existing prior to adoption of this Code or when added to existing development on an underdeveloped site) (d) Duplex (existing prior to adoption of this Code or when added to existing development on an underdeveloped site) (e) Attached (Townhouse) (f) Multi-Dwelling (In this zone, this includes dwelling units in commercial buildings) LDC November 9, 20003.16-2 3. Civic Use Types (a) Administrative Services (b) Social Service Facilities (c) Community Recreation (d) Cultural Exhibits and Library Services (e) Lodges, Fraternal and Civic Assembly (f) Parking Services (g) Postal Services (h) Public Safety Services (i) Religious Assembly 4. Commercial Use Types (a) Agricultural Sales (b) Animal Sales and Services 1. Grooming 2. Kennels 3. Veterinary (large and small animals) (c) Automotive and Equipment 1. Cleaning 2. Fleet Storage 3. Parking Services 4. Repairing, Light Equipment 5. Sales/Rental - Farm Equipment 6. Sales/Rental - Heavy Equipment LDC November 9, 20003.16-3 7. Sales/Rental - Light Equipment (d) Building Maintenance Services (e) Business Equipment Sales and Services (f) Business Support Services (g) Communication Services (h) Construction Sales and Service (i) Convenience Sales and Personal Services (j) Eating and Drinking Establishments (k) Financial, Insurance, and Real Estate Services (l) Food and Beverage Sales (m) Fuel Sales (n) Funeral and Interment Services 1. Undertaking (o) Laundry Services (p) Lodging Services (Hotels/Motels and Bed & Breakfast Facilities) (q) Medical Services (r) Participant Sports and Recreation 1. Indoor and Outdoor (s) Personal Services - General (t) Professional and Administrative Services (u) Repair Services - Consumer (v) Research Services (w) Retail Sales - General LDC November 9, 20003.16-4 (x) Spectator Sports - Entertainment, Limited (y) Temporary Outdoor Markets (z) Technical Support Center - upper floors only (aa) Telemarketing Center - upper floors only (bb) Wholesaling, Storage, and Distribution 1. Mini-Warehouses 2. Light 5. Industrial Use Type (a) Limited Manufacturing b. Accessory Uses Permitted Outright 1. Essential Services 2. Day Care, Family, accessory to a permitted residential use 3. Home Business, when conducted in conjunction with a permitted residential use 4. Required off-street parking in accordance with Chapter 4.1 - Parking, Loading, and Access Requirements 5. Other development customarily incidental to the primary use in accordance with Chapter 4.3 - Accessory Development Regulations 6. Colocated/attached wireless telecommunication facilities on multi- family (three or more stories) residential structures that do not increase the height of the existing structures by more than 17 ft. for whip antennas, including mounting, or by 10 ft. for all other antennas, subject to the standards in Chapter 4.9 - Additional Provisions. 7. Colocated/attached wireless telecommunication facilities on nonresidential structures that do not increase the height of the existing structures by more than 17 ft. for whip antennas, including mounting, or by 10 ft. for all other antennas, subject to the standards in Chapter 4.9. 3.16.20.02 - Special Development LDC November 9, 20003.16-5 a. Conditional Development - Subject to review in accordance with Chapter 2.3 - Conditional Development and all other applicable provisions of this Code. 1. Major Services and Utilities 2. Freestanding wireless telecommunication facilities greater than 75 ft. in height, subject to the standards in Chapter 4.9 - Additional Provisions. 3. Freestanding wireless telecommunication facilities that do not meet the setback or spacing standard requirements of sections 4.9.60.02.b and 4.9.60.02.c in Chapter 4.9. 4. Colocated/attached wireless telecommunication facilities on multi- family (three or more stories) residential structures that increase the height of the existing structures by more than 17 ft. for whip antennas, including mounting, or by 10 ft. for all other antennas, subject to the standards in Chapter 4.9. 5. Colocated/attached wireless telecommunication facilities on nonresidential structures that increase the height of the existing structures by more than 17 ft. for whip antennas, including mounting, or by 10 ft. for all other antennas, subject to the standards in Chapter 4.9. 3.16.20.03 - Administrative Development a. Plan Compatibility Review - Subject to review in accordance with Chapter 2.13 - Plan Compatibility Review and all other applicable provisions of this Code. 1. Drive-Through Facilities (e.g., Financial Institutions, Eating Establishments) 2. Minor Utilities subject to standards in Chapter 4.9 - Additional Provisions 3. Projections such as chimneys, spires, domes, towers, and flagpoles, not used for human occupancy exceeding 75 ft. in height, in accordance with section 4.9.50 of Chapter 4.9. If adjacent to an RS- 3.5, RS-5, RS-6, RS-9 or RS-9(U), the threshold is 20 ft. above the height of the structure or 85 ft. in height, whichever is less. 4. Freestanding wireless telecommunication facilities up to 75 ft. in height, subject to the standards in Chapter 4.9. LDC November 9, 20003.16-6 Section 3.16.30 - DEVELOPMENT STANDARDS 3.16.30.01 - Lot Area and Setback Requirements a. There is no minimum lot area or setback (other than that required by the Uniform Building Code) for any civic, commercial, or industrial use type structure. b. The requirements for residential structures containing a residential use shall be in accordance with Chapter 3.9 - Mixed Use Residential (MUR) Zone standards. 3.16.30.02 - Structure Height No structure shall exceed 75 ft. in height. 3.16.30.03 - Weather Protection Within the Downtown Pedestrian Core Area (as defined in Chapter 1.6), new structures shall be constructed adjacent to street sidewalks and shall include the provision and maintenance of at least a 6-ft.-wide weather protected area over the sidewalk along the entire frontage of the structure. Section 3.16.40 - LANDSCAPING, SCREENING, AND LIGHTING Landscaping, screening, and lighting shall be required, in accordance with Chapter 4.2, except street trees shall be provided in accordance with the Downtown Tree Management Program contained in the Downtown Streetscape Plan, dated November 2, 1988. Section 3.16.50 - OFF-STREET PARKING Off-street parking shall be provided in accordance with Chapter 4.1 - Parking, Loading, and Access Requirements. Section 3.16.60 - COMPLIANCE WITH PEDESTRIAN ORIENTED DESIGN STANDARDS OF CHAPTER 4.10 a. Independent or cumulative expansions of a commercial or civic structure in existence and in compliance with this Code on December 31, 2000, or constructed after December 31, 2000 pursuant to a valid Conceptual or Detailed Development Plan approved on or before December 31, 2000, shall not be required to comply with this section provided that: 1. The expansion adds floor area of 500 sq. ft. or less; or LDC November 9, 20003.16-7 2. The expansion adds floor area of 3,000 sq. ft. or less and is equivalent to 20 percent or less of the existing structure's gross floor area. b. Independent or cumulative expansions of a commercial or civic structure in existence and in compliance with this Code on December 31, 2000, or constructed after December 31, 2000 pursuant to a valid Conceptual or Detailed Development Plan approved on or before December 31, 2000, shall comply with the pedestrian requirements of Chapter 4.10 - Pedestrian Oriented Design Standards, sections 4.10.70.02 through 4.10.70.05, with allowances for choices among some standards as identified in 4.10.70.01, provided that: 1. The expansion adds floor area of more than 3,000 sq. ft.; or 2. The expansion adds floor area of more than 500 sq. ft. and is equivalent to more than 20 percent of the existing structure's gross floor area. c. All new buildings or structures for which a valid permit application has been submitted after December 31, 2000, shall comply with Chapter 4.10 - Pedestrian Oriented Design Standards. Section 3.16.70 - VARIATIONS Variations from development and design standards (i.e., the standards in this chapter and in other chapters addressing parking, landscaping, public improvements, and pedestrian oriented design standards) may be achieved through the Planned Development and Lot Development Option processes outlined in chapters 2.5 and 2.12 of the Code. LDC December 18, 20003.17-1 CHAPTER 3.17 CENTRAL BUSINESS FRINGE (CBF) ZONE Section 3.17.10 - PURPOSE The Central Business Fringe Zone implements the Central Business Comprehensive Plan designation and is intended to allow commercial activity necessary to support regional shopping facilities located in the Central Business Zone. Because of its unique location, site development in this area should contribute to a visually attractive entrance to the downtown area. Section 3.17.20 - PERMITTED USES Uses permitted in the CBF Zone shall be the same as those permitted in Chapter 3.16 - Central Business (CB) Zone except for the following: a. All residential building types listed in Chapter 3.16 are permitted uses; b. Any new commercial use shall require a Plan Compatibility Review in accordance with Chapter 2.13 - Plan Compatibility Review; and c. Projections such as chimneys, spires, domes, towers, and flagpoles, not used for human occupancy exceeding 45 ft. in height, in accordance with section 4.9.50 of Chapter 4.9, shall require a Plan Compatibility Review in accordance with Chapter 2.13. If adjacent to an RS-3.5, RS-5, RS-6, RS-9 or RS-9(U), the threshold is 20 ft. above the height of the structure or 45 ft. in height, whichever is less. Section 3.17.30 - DEVELOPMENT STANDARDS 3.17.30.01 - Dimensional Requirements a. Lot Area - There is no minimum lot area for any civic, commercial, or industrial use type structure. The requirements for residential structures shall be in accordance with Chapter 3.9 - Mixed Use Residential (MUR) Zone. b. Setbacks - Minimum setback for any civic, commercial, or industrial use type shall be 10 ft. in any front or exterior side yard. Setbacks for residential structures shall be in accordance with Chapter 3.9. 3.17.30.02 - Structure Height No structure shall exceed 35 ft. in height. 3.17.30.03 - Off-Street Parking LDC December 18, 20003.17-2 a. Off-street parking shall be provided in accordance with Chapter 4.1 - Parking, Loading, and Access Requirements. b. Where there is an existing alley, access to parking areas from an adjacent alley shall be used to limit the use of any yard abutting a street for parking facilities. c. Shared access with neighboring sites (and the establishment of reciprocal access agreements) shall be used where practical. 3.17.30.04 - Landscaping, Lighting, and Screening a. Landscaping, lighting, and screening shall be required, in accordance with Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting. b. Significant vegetation associated with the site should be preserved or protected to the extent practicable. c. A minimum of 25 percent of the gross lot area shall be retained and developed as permanent green area (excluding parking and maneuvering areas). The area shall be landscaped with a mixture of vertical elements (trees, tall shrubs, and hedges) and horizontal elements (grass, ground cover, etc.). Patios, decks, sidewalks, areas for congregation, and other like features may be included in the landscaped green area requirement, except that a minimum of 15 percent of the required green area shall be landscaping or preserved vegetation. 3.17.30.05 - Design Standards a. Independent or cumulative expansions of a commercial or civic structure in existence and in compliance with this Code on December 31, 2000, or constructed after December 31, 2000 pursuant to a valid Conceptual or Detailed Development Plan approved on or before December 31, 2000, shall not be required to comply with this section provided that: 1. The expansion adds floor area of 500 sq. ft. or less; or 2. The expansion adds floor area of 3,000 sq. ft. or less and is equivalent to 20 percent or less of the existing structure's gross floor area. b. Independent or cumulative expansions of a commercial or civic structure in existence and in compliance with this Code on December 31, 2000, or constructed after December 31, 2000 pursuant to a valid Conceptual or Detailed Development Plan approved on or before December 31, 2000, shall LDC December 18, 20003.17-3 comply with the pedestrian requirements of Chapter 4.10 - Pedestrian Oriented Design Standards, sections 4.10.70.02 through 4.10.70.05, with allowances for choices among some standards as identified in section 4.10.70.01, provided that: 1. The expansion adds floor area of more than 3,000 sq. ft.; or 2. The expansion adds floor area of more than 500 sq. ft. and is equivalent to more than 20 percent of the existing structure's gross floor area. c. All new buildings or structures for which a valid permit application has been submitted after December 31, 2000, shall comply with Chapter 4.10 - Pedestrian Oriented Design Standards. d. Additionally, pitched roofs (minimum 4:12 pitch) shall be used to retain the residential character of the area where there is a predominance of pitched roofs on 90 percent or more of the structures on the same block or adjacent ½ blocks. Section 3.17.40 - VARIATIONS Variations from development and design standards (i.e., the standards in this chapter and in other chapters addressing parking, landscaping, public improvements, and pedestrian oriented design standards) may be achieved through the Planned Development and Lot Development Option processes outlined in chapters 2.5 and 2.12 of the Code. LDC December 18, 20003.19-1 CHAPTER 3.19 MIXED USE COMMUNITY SHOPPING (MUCS) ZONE Section 3.19.10 - PURPOSE The Mixed Use Community Shopping (MUCS) Zone implements the Mixed Use Commercial Comprehensive Plan designation in areas located outside Neighborhood Center (NC) zones and the Mixed Use General Commercial Zone. The MUCS Zone is applied to areas that are already largely developed, are mostly located between neighborhood centers, and are intended to transition to a more pedestrian- and human- scale environment. The MUCS Zone is intended to provide for retail businesses and commercial and personal service activities of limited sizes (with larger uses in the Major Neighborhood Center Zone), and mixed use developments, accommodating both pedestrian oriented uses and a limited number of land uses that are more dependent on automobile circulation. The MUCS Zone also serves these purposes: a. Provides transitions from a linear pattern of commercial development toward a pedestrian-friendly environment; b. Locates a range of complementary businesses close to each other; c. Provides human-scale development to the greatest extent practicable; d. Mitigates the adverse effects of automobile-oriented development on the pedestrian environment; e. Supports the use of alternative modes of transportation, including walking, riding transit, and bicycling; f. Minimizes hazards, noise, traffic congestion, and other related effects of commercial concentrations; and g. Implements the Comprehensive Plan provisions for access management on arterial streets. LDC December 18, 20003.19-2 Section 3.19.20 - GENERAL PROVISIONS 3.19.20.01 - Establishment of the MUCS Zone Zone changes to establish new MUCS zones may be applied only to properties designated Mixed Use Commercial (MUC) or Intensive Development Sector (IDS) on the Comprehensive Plan Map as of December 31, 2000, or as established through a subsequent or concurrent Comprehensive Plan Map amendment. The MUCS Zone also may be applied through a legislative process in accordance with Chapter 2.0 - Public Hearings. The following locational and dimensional criteria shall apply to any new MUCS Zone. a. Locational Criteria The following locational criteria shall be applied to zone changes, in conjunction with Chapter 2.2 - Zone Changes. 1. The MUCS Zone shall have at least 50 ft. of frontage along a collector or arterial street, as designated in the Corvallis Transportation Plan; AND EITHER 2. All portions of the MUCS Zone shall be located within 1/4 mile of existing or planned transit service; OR 3. The MUCS Zone shall be located in areas determined, through a legislative process, to be necessary to provide mixed use opportunities and services to the affected comprehensive neighborhood. b. Zone Size and Dimensions A new MUCS Zone shall consist of at least one “whole” legal lot or parcel if the lot or parcel is 1 acre or less in size. When multiple lots or parcels are included, portions of individual lots or parcels at least 1 acre in size may be included, provided the size of the remainder of each lot or parcel is developable under its zone designation. Public street rights-of-way shall not count toward the total area of a zone. 1 Uses that were in existence and permitted in zoning prior to December 31, 2000, and are now located in the MUCS Zone, shall not be classified as nonconforming uses unless they have been discontinued for a period of at least 18 months, in which case the requirements of section 1.4.40.03 shall apply. Expansions and enlargements shall comply with all other applicable Code requirements. LDC December 18, 20003.19-3 c. Variations Variations from development and design standards (i.e., the standards in this chapter and in other chapters addressing parking, landscaping, public improvements, and pedestrian oriented design standards) may be achieved through the Planned Development and Lot Development Option processes outlined in chapters 2.5 and 2.12 of the Code, respectively. Section 3.19.30 - PERMITTED USES Land use in the MUCS Zone shall conform to the list of permitted use types in Table 3.19-1. Ministerial Development involving use types permitted outright are identified with a “P.” General Development involving use types subject to Plan Compatibility Review (Chapter 2.13) are identified with a “PC.” Special Development involving use types subject to Conditional Development Review (Chapter 2.3) are identified with a “CD.” Uses identified with an “N” are not permitted. Table 3.19-1 Permitted Use Types Use Types Permit Procedure a. Prior Established Uses 1. Uses existing prior to December 31, 2000, and in compliance with the Code on that date 1 P 2. Uses permitted by the Code at the time of approval of a Conceptual or Detailed Development Plan overlying the subject property P Table 3.19-1 Permitted Use Types Use Types Permit Procedure 2 All residential uses shall comply with the provisions of section 3.19.40.04 - Mixed Use Development. LDC December 18, 20003.19-4 b. Residential 2 1. Residential use types limited to: (a) Family (b) Group Residential (c) Group Residential/Group Care (d) Residential Care Facilities P 2. Residential building types limited to: (a) Detached - existing as of December 31, 2000 (b) Attached (Townhouse) - common wall with commercial and/or civic use (c) Multi-Dwelling (see also section 3.19.40.04) (d) Accessory Dwelling - in conjunction with attached dwelling P Table 3.19-1 Permitted Use Types Use Types Permit Procedure LDC December 18, 20003.19-5 c. Accessory Uses 1. Essential Services (contained within enclosed building) 2. Required off-street parking in accordance with Chapter 4.1 3. Other development customarily incidental to the primary use in accordance with Chapter 4.3 (contained within enclosed building) 4. Home Business P P P P d. Projections such as chimneys, spires, domes, and towers not used for human occupancy exceeding 75 ft. in height, in accordance with Chapter 2.13, unless adjacent to an RS-3.5, RS-5, RS-6, RS-9 or RS-9(U) where the threshold is 20 ft. above the height of the structure or 55 ft. in height, whichever is less. PC e. Civic Use Types 1. Administrative Services P 2. Community Recreation PC 3. Essential Services P 4. Lodge, Fraternal, and Civic Assembly (maximum use size of 7,500 sq. ft.) P 5. Lodge, Fraternal, and Civic Assembly (use size > 7,500 sq. ft.) CD 6. Minor Utilities, subject to Chapter 4.9 standards P 7. Major Services and Utilities (e.g., transit and similar facilities) PC 8. Parking Services PC 9. Public Safety Services PC 10. Social Service Facilities P Table 3.19-1 Permitted Use Types Use Types Permit Procedure 3 All commercial use types shall comply with the provisions of section 3.19.40.02 - Thresholds for Determining the Applicable Review Procedure. LDC December 18, 20003.19-6 11. Religious Assembly (maximum use size of 7,500 sq. ft.) P 12. Religious Assembly (use size > 7,500 sq. ft.) CD 13. University Services and Facilities P 14. Wireless Telecommunication Facilities (a) Colocated/attached wireless telecommunication facilities on multi- family (three or more stories) residential structures that do not increase the height of the existing structures by more than 17 ft. for whip antennas, including mounting, or by 10 ft. for all other antennas, subject to the standards in Chapter 4.9. P (b) Colocated/attached wireless telecommunication facilities on nonresidential structures that do not increase the height of the existing structures by more than 17 ft. for whip antennas, including mounting, or by 10 ft. for all other antennas, subject to the standards in Chapter 4.9. P (c) Freestanding Wireless Telecommunication Facilities PC Up to 7,500 sq. ft. > 7,500 sq. ft. f. Commercial Use Types (contained within enclosed building)3 1. Agricultural Sales and Service P P 2. Animal Sales and Service - Grooming; Kennels; Veterinary, Small Animals P P Table 3.19-1 Permitted Use Types Use Types Permit Procedure LDC December 18, 20003.19-7 3. Animal Sales and Service - (large and small, and/or including use outside of building) PC CD 4. Automotive and Equipment - subject to the provisions of Chapter 4.10 - Pedestrian Oriented Design Standards (a) Light Equipment Sales/Rentals (including use outside of building) P P (b) Car Wash P P 5. Fuel Sales P P 6. Building Maintenance Services P P 7. Business Equipment Sales and Services P P 8. Business Support Services P P 9. Communication Services P P 10. Construction Sales and Services P P 11. Convenience Sales and Personal Services, except drive-through uses (10,000 sq. ft. maximum use size) P P 12. Day Care, Commercial Facility P P 13. Drive-Through Facilities CD CD 14. Eating and Drinking Establishments, except drive-through facilities (10,000 sq. ft. maximum use size) P P 15. Financial, Insurance, and Real Estate Services P P 16. Food/Beverage Retail Sales, except drive- through facilities (10,000 sq. ft. maximum use size) P P 17. Funeral and Interment Services (cremating and undertaking) P P 18. Laundry P P 19. Lodging Services (Hotels/Motels) P CD 20. Medical Services P CD 21. Participant Sports and Recreation (indoor ) P CD Table 3.19-1 Permitted Use Types Use Types Permit Procedure LDC December 18, 20003.19-8 22. Professional and Administrative Services (above ground floor only) P PC 23. Repair Services - Consumer P P 24. Research Sales and Services P P 25. Retail Sales (15,000 sq. ft. maximum use size) P PC 26. Spectator Sports and Entertainment - Limited P CD 27. Swap Meets PC CD 28. Technical Support Center P CD 29. Telemarketing Center P CD 30. Temporary Outdoor Markets PC CD Section 3.19.40 - DEVELOPMENT STANDARDS 3.19.40.01 - Use and Building Size a. The maximum size of a use is established in Table 3.19-1. b. The maximum building footprint shall be 25,000 sq. ft., except for Lodging Services use types and Residential use types, for which no limits are established. c. Any building containing over 25,000 sq. ft. of gross floor area shall accommodate the additional floor area on additional floors (full floors, partial floors and/or mezzanines comply with this standard). d. Building footprints in excess of 25,000 sq. ft. existing prior to December 31, 2000, and in conformance with the Code on that date, or constructed pursuant to a valid Conceptual or Detailed Development Plan approved prior to December 31, 2000, shall not be classified as nonconforming structures. In such structures, change in use from the use existing prior to December 31, 2000, and in conformance with the Code on that date to a use otherwise permitted, but for the maximum use size limitation, shall be permitted. Similarly, in buildings with interior portions in excess of 10,000 sq. ft. existing prior to December 31, 2000, and in conformance with the Code on that date, change in use from an existing permitted use to a use otherwise LDC December 18, 20003.19-9 permitted, but for the maximum use size limitation, shall be permitted. In each case, the change of use shall be considered through the permit procedure identified in Table 3.19-1 - Permitted Use Types. 3.19.40.02 - Thresholds for Determining the Applicable Review Procedure (Commercial Uses) The permit procedures for commercial uses in the MUCS Zone shall be as identified in Table 3.19-1. The size of each use is determined based on the total gross floor area of the use. For the purposes of the MUCS Zone, floor area also includes non-enclosed uses needed for automobile circulation associated with car washes, fuel sales, and drive-through facilities (e.g., areas needed for operational use, queuing, and service areas) except for customer and employee parking, as defined in Chapter 3.0 - Use Classifications. 3.19.40.03 - Commercial Floor Area Ratio Minimum commercial floor area ratios (FARs) are required for all property with a Mixed Use Community Shopping designation. This requirement ensures that commercial land is preserved for primarily commercial purposes. For an explanation of how to apply/calculate FARs, refer to the definition of “Floor Area Ratio” in Chapter 1.6 - Definitions. All commercial and mixed use developments shall comply with the following standards for commercial floor area: a. For commercial use types, the minimum FAR shall be 0.25 and the maximum FAR shall be 1.0. When a project is composed of two or more phases, development in each phase shall fall within the minimum and maximum FAR requirements or an alternative FAR requirement proposed and approved through a Planned Development Review process. b. Residential uses and structured parking shall not be included in the maximum FAR. c. To increase the FAR above the established maximum, a proponent must apply for a Planned Development in accordance with Chapter 2.5. However, in all cases, the primary use of the property(ies) shall be commercial. As mentioned in “a” above, when a project is composed of two or more phases, development in each phase shall fall within the minimum and maximum FAR requirements or an alternative FAR requirement proposed and approved through a Planned Development Review process. LDC December 18, 20003.19-10 3.19.40.04 - Mixed Use Development a. Residential uses located on the ground floor shall not exceed 50 percent of the ground-floor space of the parcel; the Planned Development process may be used to transfer ground-floor commercial and residential uses between parcels in the same development, resulting in stand-alone residential structures, provided that no more than 50 percent of the ground-floor space in the development is residential. b. Mixed use developments shall comply with the green area standards in Chapter 3.9 - Mixed Use Residential (MUR) Zone, except that a minimum of 10 percent of the lot area shall be landscaping or preserved vegetation. c. The minimum residential density for mixed use projects involving stand alone residential buildings shall be 20 units per gross acre. For mixed use buildings, no minimum densities are established. For purposes of this standard, residential density shall be calculated only for the portion of the site being used for residential use. Modifications to the 20 units/acre density requirements for developments with stand-alone residential buildings can be requested through a Planned Development Review process in accordance with Chapter 2.5. 3.19.40.05 - Setbacks a. Front Setback - Structures may be built to the property line, but no closer to the street than the width of the standard planting strip and sidewalk for that street classification. A maximum setback of 20 ft. from either the property line or the line marking the outer boundary of the standard planting strip and sidewalk for that street classification shall apply to all building sites, except as provided in “1" through “3" below. 1. Exceptions for Improved Pedestrian and Automobile Circulation - The maximum setback may be increased by 50 percent through a Conditional Development approval when the Planning Commission finds that an increased setback will provide for improved pedestrian circulation and safety and improved vehicular access management outside the public rights-of-way. For example, objectives for both pedestrians and vehicles can be met through the provision of shared driveways, connected parking lots, improved pedestrian connections between buildings and the street sidewalk, and internal connections between adjoining buildings. However, in no case shall parking facilities or circulation facilities (e.g., driveways, queues) be allowed between the building front and the street. LDC December 18, 20003.19-11 2. Exceptions Granted through Conditional Development/Planned Development Review - In conformance with section 3.19.20.01.c, the maximum setback may be increased to provide for the following features: (a) Pedestrian amenities in conformance with Chapter 4.10 - Pedestrian Oriented Design Standards; (b) An internal shopping street consistent with the requirements of section 4.0.60.m of Chapter 4.0 - Improvements Required with Development; (c) Protection of significant trees and/or designated natural resources; or (d) Compliance with other sections of this Code. 3. Exceptions for Interior Buildings - Buildings interior to a development site are exempt from this requirement provided other buildings on the site meet the requirement. However, in no case shall parking facilities or circulation facilities (e.g., driveways, queues) be allowed between the building front and the street. b. Side and Rear Setbacks and Building Separations - The following setbacks shall apply: 1. No minimum setback adjacent to Mixed Use General Commercial (MUGC), Neighborhood Center (NC), and Industrial (GI, II) zones. 2. 20 ft. minimum setback adjacent to low and medium density residential zones; buffering shall be provided in accordance with Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting. 3. 10 ft. minimum setback adjacent to medium-high and high density residential zones; buffering shall be provided in accordance with Chapter 4.2. 3.19.40.06 - Alleys and Access Consolidation a. Alleys shall be required for all newly created blocks in the MUCS Zone and provided in accordance with the standards in Chapter 4.0 - Improvements Required with Development. This standard is intended to apply to undeveloped sites that can accommodate new blocks developed in LDC December 18, 20003.19-12 accordance with block standards in Chapter 4.0. Although adherence to this standard is encouraged, it is not necessarily intended to apply to redevelopment of, or intensification of uses on, developed sites. b. With development, access consolidation, particularly along arterials, shall be required to the maximum extent practicable. Access consolidation shall be accomplished as approved by the City Engineer, and/or as required by applicable access control plans approved by the City Council. Connectivity between adjacent parking and vehicle circulation areas and internal to development sites, shall be implemented where practicable. 3.19.40.07 - Compliance with Pedestrian Oriented Design Standards a. Independent or cumulative expansions of a commercial, industrial, or civic structure in existence and in compliance with this Code on December 31, 2000, or constructed after December 31, 2000 pursuant to a valid Conceptual or Detailed Development Plan approved on or before December 31, 2000, shall not be required to comply with this section provided that: 1. The expansion adds floor area of 500 sq. ft. or less; or 2. The expansion adds floor area of 3,000 sq. ft. or less and is equivalent to 20 percent or less of the existing structure's gross floor area. b. Independent or cumulative expansions of a commercial, industrial, or civic structure in existence and in compliance with this Code on December 31, 2000, or constructed after December 31, 2000 pursuant to a valid Conceptual or Detailed Development Plan approved on or before December 31, 2000, shall comply with the pedestrian requirements of Chapter 4.10 - Pedestrian Oriented Design Standards, sections 4.10.70.02 through 4.10.70.05, with allowances for choices among some standards as identified in 4.10.70.01, provided that: 1. The expansion adds floor area of more than 3,000 sq. ft.; or 2. The expansion adds floor area of more than 500 sq. ft. and is equivalent to more than 20 percent of the existing structure's gross floor area. c. All new buildings or structures for which a valid permit application has been submitted after December 31, 2000, shall comply with Chapter 4.10 - Pedestrian Oriented Design Standards. LDC December 18, 20003.19-13 3.19.40.08 - Structure Height No structure shall exceed 45 ft. in height. 3.19.40.09 - Monument Sign Exceptions In cases where street visibility of a business in a conforming structure established prior to December 31, 2000, is significantly reduced due to new construction on adjacent property, and the 100-ft. minimum separation requirement for freestanding signs (section 4.7.80.02.c in Chapter 4.7 - Sign Regulations) otherwise precludes any street signage associated with the structure, a single monument sign a maximum of 8 ft. high and 32 sq. ft. in area, which otherwise meets the requirements of Chapter 4.7, is permitted. Section 3.19.50 - COMPLIANCE WITH THIS CODE All development shall comply with applicable design standards and other provisions of the Code including, but not limited to, chapters 4.0, 4.1, 4.2, 4.6, 4.7, and 4.9. The block standards established in section 4.0.60 of Chapter 4.0 - Improvements Required with Development shall apply to development on undeveloped sites and are encouraged to the maximum extent practicable on redevelopment of developed sites. 3.20-1 LDC December 18, 2000 CHAPTER 3.20 MIXED USE GENERAL COMMERCIAL (MUGC) ZONE Section 3.20.10 - PURPOSE The Mixed Use General Commercial (MUGC) Zone implements the Mixed Use Commercial Comprehensive Plan designation in areas located outside the Mixed Use Neighborhood Center Zone and Mixed Use Community Shopping Zone. It is intended to provide areas for those commercial and related services and businesses that generally require extensive outside storage, are not retail or office uses, or have characteristics with less pedestrian orientation than other commercial zones. Site and building design in the MUGC Zone is intended to comply with pedestrian- and human-scale policies of the Comprehensive Plan, while recognizing and providing for uses that may conflict with pedestrian access and the character of the other commercial zones. Section 3.20.20 - GENERAL PROVISIONS 3.20.20.01 - Establishment of the MUGC Zone Zone changes to establish new MUGC zones may be applied only to properties designated Mixed Use Commercial (MUC) or Intensive Development Sector (IDS) on the Comprehensive Plan Map as of December 31, 2000, or as established though a subsequent or concurrent Comprehensive Plan Map amendment. The MUGC Zone also may be applied through a legislative process in accordance with Chapter 2.0 - Public Hearings. The following locational and dimensional criteria shall apply to any new MUGC Zone. a. Locational Criteria The following locational criteria shall be applied to zone changes, in conjunction with Chapter 2.2 - Zone Changes. 1. The MUGC Zone shall have at least 50 ft. of frontage along a collector or arterial street, as designated in the Corvallis Transportation Plan; 2. New MUGC zones are discouraged from abutting land designated Low Density Residential on the Comprehensive Plan Map. b. Zone Size and Dimensions 1. The minimum contiguous area for a new MUGC Zone is 5 acres. Additionally, when multiple lots or parcels are included, portions of individual lots or parcels at least 1 acre in size may be included, provided the size of the remainder of each lot or parcel is developable 1 Uses that were in existence and permitted in zoning prior to December 31, 2000, and are now in the MUGC Zone, shall not be classified as nonconforming uses unless they have been discontinued for a period of at least 18 months, in which case, the requirements of section 1.4.30.03 shall apply. Expansions and enlargements shall comply with all other applicable Code requirements. Redevelopment and reconstruction of buildings in existence and permitted in zoning prior to December 31, 2000, are allowed pursuant to the requirements of section 1.4.30. 3.20-2 LDC December 18, 2000 under its zone designation. Public street rights-of-way shall not count toward the total area of a zone. c. Variations Variations from development and design standards (i.e., the standards in this chapter and in other chapters addressing parking, landscaping, public improvements, and pedestrian oriented design standards) may be achieved through the Planned Development and Lot Development Option processes outlined in chapters 2.5 and 2.12 of the Code. Section 3.20.30 - PERMITTED USES Land use in the MUGC Zone shall conform to the list of permitted use types in Table 3.20-1. Ministerial development involving use types permitted outright are identified with a “P.” General development involving use types subject to Plan Compatibility Review (Chapter 2.13) are identified with a “PC.” Special Development involving use types subject to Conditional Development Review (Chapter 2.3) and Planned Development Review (Chapter 2.5) are identified with a “CD” and a “PD,” respectively. Uses identified with an “N” are not permitted. Table 3.20 - 1 Permitted Use Types Use Types Permit Procedure a. Prior Established Uses 1 1. Uses existing prior to December 31, 2000, and in compliance with the Code on that date P 2. Uses permitted by the Code at the time of approval of a Conceptual or Detailed Development Plan overlying the subject property P b. Civic Use Types 1. Essential Services, subject to Chapter 4.9 standards P 2. Lodge, Fraternal, and Civic Assembly PC 3. Minor Utilities, subject to Chapter 4.9 standards P Table 3.20 - 1 Permitted Use Types Use Types Permit Procedure 3.20-3 LDC December 18, 2000 4. Major Services and Utilities (e.g., transit and similar facilities) P 5. Parking Services P 6. Parks, plazas, and similar open spaces P 7. Public Safety Services P 8. Religious Assembly PC 9. Wireless Telecommunication Facilities a. Colocated/attached wireless telecommunication facilities, subject to the standards in Chapter 4.9 P b. Freestanding Wireless Telecommunication Facilities PC c. Commercial Use Types (contained within enclosed building) 1. Automotive and Equipment P 2. Animal Sales and Service (Grooming, Kennels, Veterinary) P 3. Building Maintenance Services P 4. Construction Sales and Services P 5. Communication Services P 6. Fuel Sales P 7. Funeral and Interment Services (cremating and undertaking) P 8. Laundry (industrial laundry and cleaning services only) P 9. Parking Lot Kiosk P 10. Participant Sports and Recreation (indoor and outdoor) P 11. Repair Services - Industrial or business related only P 12. Lodging Services (a) Hotel/Motel (b) Campgrounds N CD Table 3.20 - 1 Permitted Use Types Use Types Permit Procedure 3.20-4 LDC December 18, 2000 13. Wholesale, Storage, and Distribution P d. Accessory Uses (contained within enclosed building) 1. Day Care, Commercial Facility P 2. Essential Services P 3. Food and Beverage Retail Sales P 4. Professional and Administrative Services P 5. Required off-street parking in accordance with Chapter 4.1 P 6. One residence per development site developed simultaneously with or following development of primary and accessory uses permitted outright. P 7. Other development customarily incidental to the primary use in accordance with Chapter 4.3 P 8. Projections such as chimneys, spires, domes, and towers not used for human occupancy and exceeding 75 ft. in height, in accordance with Chapter 4.9. If adjacent to an RS-3.5, RS-5, RS-6, RS-9 or RS-9(U) zone, the threshold is 20 ft. above the height of the structure or 55 ft. in height, whichever is less. PC Section 3.20.40 - DEVELOPMENT STANDARDS 3.20.40.01 - Use and Building Size Limitations The maximum building footprint within the MUGC Zone is 55,000 sq. ft., which does not include outside storage associated with a use. There are no minimum or maximum square foot limitations for uses in the MUGC Zone. 3.20.40.02 - Lot Area No minimum or maximum lot area standards are established in the MUGC Zone. Lot area shall be adequate to fulfill applicable Code requirements and standards of this district. 3.20-5 LDC December 18, 2000 3.20.40.03 - Setbacks a. Front and Exterior Side Yard - 10 ft. minimum and 25 ft. maximum setback. Buildings interior to a development site are exempt from this requirement provided other building(s) on the site meet the requirement. In no case shall parking facilities or circulation facilities (e.g., driveways, queues) be allowed between the building front and the street. b. Interior Side Yard - 10 ft. minimum setback. c. Rear Yard - 10 ft. minimum setback. 3.20.40.04 - Building Orientation a. All new buildings shall comply with section 3.20.40.10 - Pedestrian Oriented Design Standards, below. b. Transit-Oriented Development - In addition to the requirements of “a” above, when a building is located within 100 ft. of an existing or planned transit stop or route, the building and at least one of its entrances shall be oriented to the transit stop or route. This criterion is met by facing the entrance toward the bus stop or route and providing a direct pedestrian connection between the bus stop or route and the entrance, in conformance with section 4.10.70.02 of Chapter 4.10 - Pedestrian Oriented Design Standards. 3.20.40.05 - Gateway Standards Standards in section 4.2.70 of Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting shall apply to development along a “Gateway Street,” as designated by the Comprehensive Plan. 3.20.40.06 - General Landscaping Standards All developments shall conform to the landscaping requirements of Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting. In addition, the following standards shall apply to developments in the MUGC Zone: a. Landscaping between MUGC Zone and Other Zones - Landscaping and screening is required between MUGC zones and other zones, and shall consist of an effective combination of ground cover, shrubbery and trees, and fences and/or walls. Further, when a site abuts a residential or mixed use zone, landscaping shall be at least 6 ft. in height and at least 80 percent opaque as viewed from any point along the lot boundary within 18 months following establishment of a primary use type. Exceptions to this standard shall be provided for pedestrian accessways. 3.20-6 LDC December 18, 2000 b. Storage and Refuse Areas - Storage and refuse areas shall be screened in accordance with Chapter 4.2 so that materials stored in those areas are not visible from streets, accessways, and adjacent properties. 3.20.40.07 - Structure Height No structure shall exceed 45 ft. in height. 3.20.40.08 - Performance Standards Each use, activity, or operation in this zone shall comply with applicable local, state, and federal standards, and shall not create a nuisance because of odor, noise, vibration, dust, smoke, or gas. 3.20.40.09 - Off-Street Parking Facilities Off-street parking shall be provided in accordance with Chapter 4.1 - Parking, Loading, and Access Requirements. 3.20.40.10 - Pedestrian Oriented Design Standards a. Independent or cumulative expansions of a commercial, industrial, or civic structure in existence and in compliance with the Code on December 31, 2000, or constructed after December 31, 2000 pursuant to a valid Conceptual or Detailed Development Plan approved on or before December 31, 2000, shall not be required to comply with this section provided that: 1. The expansion adds floor area of 500 sq. ft. or less; or 2. The expansion adds floor area of 3,000 sq. ft. or less and is equivalent to 20 percent or less of the existing structure's gross floor area. b. Independent or cumulative expansions of a commercial, industrial, or civic structure in existence and in compliance with the Code on December 31, 2000, or constructed after December 31, 2000 pursuant to a valid Conceptual or Detailed Development Plan approved on or before December 31, 2000, shall comply with the pedestrian requirements of Chapter 4.10 - Pedestrian Oriented Design Standards, sections 4.10.70.02 through 4.10.70.05, with allowances for choices among some standards as identified in section 4.10.70.01, provided that: 1. The expansion adds floor area of more than 3,000 sq. ft.; or 2. The expansion adds floor area of more than 500 sq. ft. and is equivalent to more than 20 percent of the existing structure's gross floor area. 3.20-7 LDC December 18, 2000 Exception - Special window and weather protection requirements identified in “c,” below, shall apply to this section. c. New development in the MUGC Zone on any site undeveloped prior to January 1, 2001, shall conform with section 4.10.70 of Chapter 4.10 - Pedestrian Oriented Design Standards as follows: 1. Section 4.10.70.02, “a” through “c” 2. Section 4.10.70.03, “a” and “b” 3. Section 4.10.70.04, “a” through “c” and “e” 4. Section 4.10.70.05, “a.1” (except weather protection is required only at street-oriented entrances); “b.1" through “b.3," and “b.5" through “b.6" (except a minimum of 20 percent of the length and 10 percent of the ground-floor wall area of any street-facing facade shall contain windows and/or glass doors); and “b.7(d)” through “b.7(e).” Section 3.20.50 - COMPLIANCE WITH THIS CODE All development shall comply with applicable design standards and other provisions of the Code including, but not limited to, chapters 4.0, 4.1, 4.2, 4.6, 4.7, and 4.9. The block standards established in section 4.0.60 of Chapter 4.0 - Improvements Required with Development shall apply to development on undeveloped sites and are encouraged to the maximum extent practicable on redevelopment of developed sites. LDC December 18, 20003.21-1 CHAPTER 3.21 MIXED USE TRANSITIONAL (MUT) ZONE Section 3.21.10 - PURPOSE This zone implements the Mixed Use Transitional (MUT) Comprehensive Plan designation. The MUT Comprehensive Plan designation should be applied to existing industrial areas that are identified, through an area refinement plan, as being desirable for transition over time to less intensive uses. The MUT Zone provides a mechanism to permit the introduction of new, less intensive uses while allowing general and intensive industrial uses to remain during an indefinite period of transition. It also addresses limitations on re- intensification of uses that have previously transitioned from general or intensive industrial uses to less intensive activities. Key objectives of the MUT Zone include reducing conflicts between industrial and less intensive uses located nearby; providing an opportunity to develop a mix of non-industrial uses in the zone that are compatible with surrounding land uses; transitioning to new, less conflicting uses; and achieving the transition in a way that is fair and preserves value and flexibility for the industrial businesses located within the MUT Zone. Section 3.21.20 - GENERAL PROVISIONS 3.21.20.01 - Establishment of the MUT Zone The MUT Zone may be applied to properties with MUT designations on the Comprehensive Plan Map. 3.21.20.02 - Zone Size and Dimensions The size of the MUT Zone shall be established through an area refinement plan. Public street rights-of-way shall not count toward the total area of the zone. Section 3.21.30 - PERMITTED USES Land use in the MUT Zone shall conform to the list of permitted use types in Table 3.21-1. Ministerial development involving use types permitted outright are identified with a “P.” General development involving use types subject to Plan Compatibility Review (Chapter 2.13) are identified with a “PC.” Special Development involving use types subject to Conditional Development Review (Chapter 2.3) and Planned Development Review (Chapter 2.5) are identified with a “CD” and a “PD,” respectively. Uses identified with an “N” are not permitted. LDC December 18, 20003.21-2 Table 3.21-1 Permitted Use Types Use Types Permit Procedure a. Civic Use Types 1. Administrative Services P 2. Social Service Facilities P 3. Community Recreation P 4. Cultural Exhibits and Library Services P 5. Lodges, Fraternal and Civic Assembly P 6. Major Services and Utilities (except Transit Facilities) CD 7. Minor Utilities subject to standards in Chapter 4.9 PC 8. Parking Services P 9. Public Safety Services P 10. Religious Assembly P 11. Transit Facilities P 12. Freestanding wireless telecommunication facilities up to 60 ft. in height, subject to the standards in Chapter 4.9. P 13. Freestanding wireless telecommunication facilities that do not meet the setback or spacing requirements of sections 4.9.60.02.b and 4.9.60.02.c, subject to the standards in Chapter 4.9. CD 14. Freestanding wireless telecommunication facilities 61- to 75-ft. in height, subject to the standards in Chapter 4.9. PC 15. Freestanding telecommunication facilities greater than 75 ft. in height, subject to the standards in Chapter 4.9. CD Table 3.21-1 Permitted Use Types Use Types Permit Procedure LDC December 18, 20003.21-3 b. Commercial Use Types 1. Agricultural Sales P 2. Animal Sales and Services (a) Grooming (b) Veterinary (small animals) (c) Indoor Kennels (with sound attenuation) P P P 3. Automotive and Equipment (a) Car Wash (b) Fleet Storage (c) Parking Services (d) Light Equipment Repairs (e) Heavy Equipment Repairs CD CD CD CD CD 4. Building Maintenance Services P 5. Business Equipment Sales and Services P 6. Business Support Services P 7. Communication Services P 8. Construction Sales and Service P 9. Convenience Sales and Personal Services P 10. Day Care, Commercial Facility P 11. Drive-Through Facilities CD 12. Eating and Drinking Establishments - Sit Down (more than 30 seats) CD 13. Eating and Drinking Establishments - Sit Down (30 seats or less) P Table 3.21-1 Permitted Use Types Use Types Permit Procedure LDC December 18, 20003.21-4 14. Financial, Insurance, and Real Estate Services P 15. Food and Beverage Sales P 16. Funeral and Internment Services P 17. Laundry Services P 18. Lodging Services P 19. Medical Services P 20. Parking Lot Kiosks P 21. Participant Sports and Recreation P 22. Personal Services - General P 23. Professional and Administrative Services P 24. Projections such as chimneys, spires, domes, and towers not used for human occupancy and exceeding 75 ft. in height, in accordance with Chapter 4.9. If adjacent to an RS-3.5, RS-5, RS-6, RS-9 or RS-9(U) zone, the threshold is 20 ft. above the height of the structure or 65 ft. in height, whichever is less PC 25. Repair Services - Consumer P 26. Research Services P 27. Retail Sales P 28. Spectator Sports and Entertainment - Limited P 29. Spectator Sports and Entertainment - Other (Indoor Facilities Only) CD 30. Technical Support Center P 31. Telemarketing Center P 32. University Related Services P 33. Wholesaling, Storage and Distribution P Table 3.21-1 Permitted Use Types Use Types Permit Procedure LDC December 18, 20003.21-5 c. Industrial Use Types 1. Limited Manufacturing - less than 20 employees per acre and not requiring a State or Federal air quality discharge permit, except for parking P 2. General Industrial (subject to limitations in section 3.27.40 of Chapter 3.27) CD 3. Intensive Industrial (limited to properties zoned Intensive Industrial at the time of change to MUT, and subject to limitations in 3.27.40 of Chapter 3.27) CD 4. Limited Manufacturing - 20 or more employees per shift and/or requiring a State or Federal air quality discharge permit, except for parking. CD 5. Technological Production (a) < 20 employees per shift (b) 20 or more employees per shift P CD d. Changes in operations of existing General and Intensive Industrial uses under the following conditions: 1. A change in operation or increase in production that creates the need to secure approval from an environmental permitting agency to increase air, water, or noise emissions, unless such emission levels were approved by the City through a previous land use process; or CD 2. Specific limits or conditions related to operations, and/or physical expansion, established by a previous land use approval are exceeded. CD e. Re-establishment of a more Intensive Industrial Use: 1. When a general or intensive industrial use is replaced with a less intensive use, Conditional Development approval shall be required to re- establish a general or intensive industrial use at that location. CD Table 3.21-1 Permitted Use Types Use Types Permit Procedure LDC December 18, 20003.21-6 2. Sites proposed for re-establishment of a general or intensive industrial use shall be subject to current development standards for that use (e.g., landscaping, setbacks, screening). Deviations from such standards shall require approval of a Lot Development Option or Planned Development in addition to Conditional Development approval. CD f. Residential Use and Building Types 1. Residential Use Types - Family, Group Residential, Group Residential/Group Care, Residential Care Facilities CD 2. Residential Building Types - Single Detached (existing prior to adoption of this Code), Single Attached (zero lot line-2 units), Duplexes (existing prior to the adoption of this Code), Attached (Townhouse), Multi-Dwelling (includes freestanding buildings and dwelling units in commercial or industrial buildings), Accessory Dwelling CD g. Accessory Uses 1. Essential Services P 2. Day Care, Family P 3. Home Business, when conducted in conjunction with a permitted residential use. P 4. Required off-street parking in accordance with Chapter 4.1 P 5. Other development customarily incidental to the primary use in accordance with Chapter 4.3 P 6. Colocated/attached wireless telecommunication facilities on multi-family (3 or more stories) residential structures that do not increase the height of the existing structures by more than 17 ft. for whip antennas, including mounting, or by 10 ft. for all other antennas, subject to the standards in Chapter 4.9. P Table 3.21-1 Permitted Use Types Use Types Permit Procedure LDC December 18, 20003.21-7 7. Colocated/attached wireless telecommunication facilities on nonresidential structures that do not increase the height of the existing structures by more than 17 ft. for whip antennas, including mounting, or by 10 ft. for all other antennas, subject to the standards in Chapter 4.9. P Section 3.21.40 - DEVELOPMENT STANDARDS FOR GENERAL AND INTENSIVE INDUSTRIAL USES a. All General Industrial Uses shall conform to the development standards of the General Industrial Zone. b. All Intensive Industrial Uses shall conform to the development standards of the Intensive Industrial Zone. Section 3.21.50 - VARIATIONS Variations from development and design standards (i.e., the standards in this chapter and in other chapters addressing parking, landscaping, public improvements, and pedestrian oriented design standards) for General and Intensive Industrial may be achieved through the Planned Development and Lot Development Option processes outlined in chapters 2.5 and 2.12 of the Code. Section 3.21.60 - DEVELOPMENT STANDARDS FOR CIVIC, COMMERCIAL, LIMITED MANUFACTURING, AND RESIDENTIAL USE TYPES The following provisions identify development standards within the MUT Zone for all development of a civic, commercial, limited manufacturing, or residential use type. Variations from development and design standards (i.e., the standards in this chapter and in other chapters addressing parking, landscaping, public improvements, and pedestrian oriented design standards) may be achieved through the Planned Development and Lot Development Option processes outlined in chapters 2.5 and 2.12 of the Code. 3.21.60.01 - Minimum Lot Area and Setback Requirements a. A setback of not less than 25 ft. shall be provided along each MUT Zone boundary line abutting any residential (RS) zone. Off-street parking and loading shall be permitted in this area except within 15 ft. of the zone boundary line, which shall not be used for any permitted use, activity, or structure (other than fences, walls, driveways, or walks). Driveways, parking, LDC December 18, 20003.21-8 and loading areas adjacent to residential zones shall be landscaped and screened in accordance with Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting. b. Residential structures shall be developed in accordance with Chapter 3.8 - High Density (RS-20) Zone and the design guidelines in this chapter. c. For maximum permitted setbacks, refer to section 3.21.70.02. 3.21.60.02 - Structure Height Structure height shall not exceed 45 ft. unless a site is developed as a Planned or Conditional Development and in a manner compatible with any adjacent residential property(ies), in which case the structure height may be increased up to 75 ft. (See section 3.21.70.09 - Neighborhood Compatibility). 3.21.60.03 - Green Area Standards A minimum of 20 percent of the total site area shall be retained as green area. Green area may include landscape areas, natural areas, and/or pedestrian amenities (section 3.21.70.07), except that a minimum of 15 percent of the required green area shall be landscaping or preserved vegetation. The site design and building design standards of this chapter shall also be met. Structures, parking, and driveways of interior parking areas are not considered green area. 3.21.60.04 - Off-Street Parking Off-street parking shall be provided in accordance with Chapter 4.1 - Parking, Loading, and Access Requirements. Required parking shall be provided on the same site as the use or upon abutting property. Contiguity can be achieved across street rights-of-way except on arterial and collector streets where there is not a controlled intersection within 100 ft. of the subject property. Chapter 4.1 allows adjustments to minimum parking standards where transit service and bicycle parking are available. Additional flexibility for required vehicle parking may be granted in the MUT Zone in conformance with the following standards: a. Shared parking agreements may be used to provide additional reductions in required parking, provided the applicant demonstrates an adequate supply of parking for each use. Identification of surplus parking during peak periods or surplus capacity provided due to off-peak use are methods of demonstrating this adequacy. b. Additional flexibility to vehicle parking provisions may be granted through the Lot Development Option (when the site is less than 3 acres) or Planned Development procedures, Chapters 2.12 and 2.5, respectively. This flexibility is provided to encourage development patterns that reduce reliance on the automobile by taking advantage of alternate modes of travel. LDC December 18, 20003.21-9 Section 3.21.70 - DESIGN GUIDELINES AND STANDARDS FOR CIVIC, COMMERCIAL, LIMITED MANUFACTURING, AND RESIDENTIAL USE TYPES 3.21.70.01 - Coordinated Development New development shall be designed in a manner that does not preclude development of adjacent property(ies) and that ensures the logical and efficient extension of public facilities and services, including but not limited to sanitary sewer, water, storm drainage, and street and pedestrian facility connections. 3.21.70.02 - Building Orientation and Maximum Setbacks a. All new buildings in the MUT Zone shall be oriented to existing or proposed public streets or to private streets as approved by the City. Building orientation is demonstrated by placing buildings and their public entrances close to streets so that pedestrians have a direct and convenient route from the street sidewalk to building entrances. b. At least one major public entrance should be oriented to each street that the building abuts. Corner entrances may be used to provide entrance orientation to two streets, provided that the length of the building adjacent to the street does not exceed 50 ft. c. Building setbacks from streets or plazas shall not exceed 20 ft. except when necessary to preserve healthy, mature tree(s), to provide pedestrian amenities in conformance with section 3.21.70.07, or to accommodate handicapped access requirements. A further exception to these setback requirements may be considered when the site is fronted by more than two streets. 3.21.70.03 - Corner Building Entrances For all new buildings or when redevelopment opportunities allow, the design of corner lot buildings should reinforce public intersections as public spaces. Corner building entrances with weather protection or other architectural features may be required to ensure that this guideline is met. The maximum allowable building setback in section 3.21.70.02 may be increased when the building design incorporates seating, plazas, and other public amenities, as defined by section 3.21.70.07. 3.21.70.04 - Weather Protection LDC December 18, 20003.21-10 a. Where new industrial development is constructed adjacent to street sidewalks or pedestrian plazas, a 6-ft.-wide, weather-protected area (e.g., awnings or canopies) shall be provided over the primary entrance. b. Where new commercial or residential development is constructed adjacent to street sidewalks or pedestrian plazas, a 6-ft.-wide, weather-protected area (e.g., awnings or canopies) shall be provided along all portion of building(s) adjacent to the sidewalks and/or plazas. c. For existing development, weather protection, as identified in “a” and “b” above, shall be provided when there are alterations, repairs, or additions to existing structures. However, an exception to this weather protection standard may be requested where the applicant can demonstrate, to the satisfaction of the Director, that the cost of improvements to the existing structure is less than four times the cost of providing an awning. In addition, where weather protection is at least 4 ft. in width, an exception to this standard may be authorized. 3.21.70.05 - Landscaping and Screening Landscaping and screening shall be required, in accordance with Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting. The following additional standards apply to the MUT Zone: a. Street trees shall be required, consistent with Chapter 4.2. Species should be compatible with the design features identified in section 3.21.70.07, and shall provide continuity with nearby landscaping. A reduction to the number of required street trees may be granted when a development preserves healthy, mature tree(s) adjacent to the sidewalk. b. Screening of parking areas, drives, mechanical equipment, and solid waste receptacles shall be installed prior to building occupancy. Screening options include landscape plants, planters, ornamental walls, trellises, fences, or other features consistent with Chapter 4.2. c. Irrigation systems shall be installed to support landscaping. 3.21.70.06 - Street Connectivity and Internal Circulation a. For new structures and substantial improvements to existing development, an applicant may be required to provide street or driveway stubs and reciprocal access easements to promote connectivity, dispersal of traffic, and efficient circulation between uses and properties,. LDC December 18, 20003.21-11 b. The maximum block perimeter shall be 1,800 ft., but in no case shall there be a distance of more than 400 ft. without a pedestrian way. Alternatives to this standard may be considered through the Planned Development process. c. Traffic lanes shall be internal to the site and shall not be located between buildings and sidewalks, except where drop-off facilities are provided (e.g., handicapped access). Such facilities shall be designed to meet Americans with Disabilities Act (ADA) requirements and provide for direct pedestrian circulation. 3.21.70.07 - Pedestrian Amenities a. For all new structures and substantial improvements in the MUT Zone, with the exception of existing residential dwellings and general and intensive industrial uses, the applicant shall provide pedestrian amenities. The number of pedestrian amenities provided shall comply with the following sliding scale. Size of Structure or Substantial Improvement Number of Amenities < 25,000 sq. ft. 1 25,000 - 50,000 sq. ft. 2 > 50,000 sq. ft. 3 b. Acceptable pedestrian amenities include: 1. Sidewalks with ornamental treatments (e.g., brick pavers) or sidewalks 50 percent wider than required by the Code 2. Benches and public outdoor seating 3. Sidewalk planters 4. Public art (e.g., sculpture, fountain, clock, mural, etc.) with a value equal to or greater than 1 percent of construction value of the new or expanded structure(s) 5. Pocket parks (minimum usable area of 300 sq. ft.) 6. Plazas (minimum usable area of 300 sq. ft.) 7. Street trees of a caliper 50 percent wider than otherwise required by the Code (may include preservation of healthy mature trees adjacent to the street sidewalk) LDC December 18, 20003.21-12 8. Other improvements approved through the Lot Development Option (Chapter 2.12), or Planned Development process (Chapter 2.5) 9. Additional weather protection in excess of requirements of section 3.21.70.04 c. Pedestrian amenities shall comply with the following standards and guidelines: 1. Amenities should be visible and accessible to the general public from an improved street. Access to pocket parks, plazas, and sidewalks must be provided via a public right-of-way or a public access easement. 2. The size or capacity of pedestrian amenities should be roughly proportional to their expected use, including use by employees, customers, residents, and other visitors. The minimum area standards for pocket parks and plazas may be increased based on this guideline. 3. Amenities eligible for credit toward green area standards, and adjustment to the maximum 20-ft. setback standard, include plazas, pocket parks, seating areas, street furniture, and other areas that provide usable pedestrian space. 4. Amenities should be consistent with the character and scale of the MUT area. For example, similarity in awning height, bench style, planter materials, street trees, and pavers is recommended to foster continuity in the design of pedestrian areas. Materials should be suitable for outdoor use, easily maintained, and have a reasonably long life cycle (e.g., 10 years before replacement). 5. When provided at or near a bus stop, amenities should conform to standards of the Corvallis Transit System. 3.21.70.08 - General Building Design Standards Special attention to building design is required in the MUT Zone because of the intermixing of a wide variety of land uses. The following standards are intended to be specific and quantifiable, while allowing for flexibility in design. Additional flexibility is provided through the Planned Development and Lot Development Option review processes. This section provides both required and optional design elements. a. Minimum Requirements LDC December 18, 20003.21-13 New structures and substantial improvements should be designed to provide architectural relief and interest, with emphasis at building entrances and along sidewalks, to promote and enhance a comfortable pedestrian scale and orientation. Blank walls shall be avoided when practicable by complying with the following minimum requirements: 1. Ground-floor windows shall be provided for civic and commercial use types. The main front elevation(s) of buildings shall provide at least 60 percent windows or transparency at the pedestrian level. On corner lots, this provision applies to both street-facing elevations. The transparency is measured in lineal fashion (e.g., a 100-ft.-wide building facade shall have a total of at least 60 linear ft. of windows). 2. Ground-floor windows shall be provided for limited industrial use types. The main front elevation(s) of buildings shall provide at least 30 percent windows or transparency at the pedestrian level. On corner lots, this provision applies to two elevations. The transparency is measured in linear fashion (e.g., a 100-ft.-wide building facade shall have a total of at least 30 linear ft. of windows). 3. Ground-floor entrances shall include an offset (recesses, extensions, or other breaks in elevation) of at least 8 ft. in depth and of sufficient width to allow the entrance location to be easily discerned. 4. To break up vast expanses of single element building elevations, building design shall include a combination of architectural elements and features, including offsets, windows, entry treatments, wood siding, brick, stucco, synthetic stucco (e.g., EIFS), textured concrete block, or textured concrete. 5. Differentiation between ground-level spaces and upper stories shall be provided. For example, bays or balconies for upper levels, and awnings, canopies, or other similar treatments for lower levels can provide differentiation. Variation in building materials, trim, paint, ornamentation, windows, or other features such as the use of public art may also be used. Recognizing that other design solutions may be appropriate, a developer may propose alternatives for review and approval by the Director. 6. Privacy in residential developments, through effective window placement, sound-proofing, landscape screening, and/or orientation of outdoor living areas (e.g., balconies, porches, patios, etc.) shall be provided. Opposing windows at close distances should be offset horizontally or employ appropriate materials (e.g., frost-glazed, tinted, etc.) to protect privacy. LDC December 18, 20003.21-14 7. Access shall be designed to minimize interference with traffic circulation. Where necessary, additional rights-of-way shall be dedicated to maintain adequate circulation. 3.21.70.09 - Neighborhood Compatibility a. Minimum Standards Adjacent to a Residential Zone 1. New building roof elevation(s) shall gradually step down so that the height of the proposed structure does not exceed the height(s) of adjacent residential structures(s) by more than one story. This provision applies to that portion of the structure closest (20-ft. minimum) to the adjacent residential structures. 2. New development adjacent to residential zones shall incorporate architectural characteristics compatible with residential development. Each new structure shall contain at least two of the following elements: (a) Roofs with a minimum 4:12 pitch; (b) Flat roofs with a cornice, or other decorative treatment; (c) At the discretion of the Director, horizontal wood lap siding, brick, stone, or other material consistent with residential character; (d) Vertical breaks in roof elevation; and/or (e) Additional offsets in building elevation 3. The site design shall preserve healthy, mature trees on the site to the maximum extent practicable. Trees likely to create a hazard for the development or adjacent properties may be removed, consistent with Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting. 4. Artificial lighting shall be arranged and constructed not to produce direct glare on adjacent residential properties. LDC December 18, 20003.22-1 CHAPTER 3.22 LIMITED INDUSTRIAL - OFFICE (LI-O) ZONE Section 3.22.10 - PURPOSE The Limited Industrial-Office (LI-O) Zone implements the Limited Industrial-Office Comprehensive Plan designation. It is intended to create and preserve areas where limited manufacturing, development oriented to the large-scale office industry (rather than small- scale, single-use, stand-alone office buildings), and related use types may locate, as defined and guided by this chapter. Ancillary or customarily incidental non-industrial and non-office uses that support the primary use activity are permitted, such as administrative, sales, and service uses. Together, all of these uses are intended to reduce potentially adverse effects from, and provide a buffer between, General Industrial uses and non-industrial uses (e.g., neighborhood centers, residential and mixed use zones, etc.). The LI-O Zone development standards and design guidelines are intended to ensure quality appearance at community gateways, consistent with the Comprehensive Plan. Section 3.22.20 - GENERAL PROVISIONS 3.22.20.01 - Establishment of the LI-O Zone Zone changes to establish new LI-O zones may be applied only to properties designated Light Industrial-Office (LI-O) or Intensive Development Sector (IDS) on the Comprehensive Plan Map as of December 31, 2000, or as established through a subsequent or concurrent Comprehensive Plan Map amendment. The LI-O Zone also may be applied through a legislative or quasi-judicial process in accordance with Chapter 2.0 - Public Hearings. The following locational and dimensional criteria shall apply to any new LI-O Zone. a. Locational Criteria 1. All portions of the LI-O Zone shall be located within 1/4 mile of existing or planned transit service, shall have at least 50 ft. of frontage along a collector or arterial street, and/or shall be contiguous to an industrial-zoned property that fronts onto a collector or arterial, as designated by the City’s Transportation Plan; and 2. The LI-O Zone shall be located adjacent to an existing or planned General Industrial (GI) Zone, and function as a buffer between the GI Zone and adjacent non-industrial uses; OR 1 Uses that were in existence and permitted under zoning in place prior to December 31, 2000, and are now located in the LI-O Zone, shall not be classified as nonconforming uses unless they have been discontinued for a period of at least 18 months, in which case the requirements of section 1.4.30.03 shall apply. Expansions, enlargements, redevelopment, and reconstruction shall comply with all other applicable Code requirements. LDC December 18, 20003.22-2 3. The LI-O Zone shall be located in areas determined, through a Legislative process, to be necessary to provide employment opportunities and services to the community. b. Zone Size and Dimensions A new LI-O Zone shall consist of at least one “whole” parcel if the parcel is 1 acre in size or smaller. When multiple parcels are included, portions at least 1 acre in size of individual parcels may be included, provided the size of the remainder of each parcel is developable under its zone designation. Public street rights-of-way shall not count toward the total area of a zone. 3.22.20.02 - Variations Variations from development and design standards (i.e., the standards in this chapter and in other chapters addressing parking, landscaping, public improvements, and pedestrian oriented design standards) may be achieved through the Planned Development and Lot Development Option processes outlined in chapters 2.5 and 2.12 of the Code. Section 3.22.30 - PERMITTED USES Land use in the LI-O Zone shall conform to the list of permitted use types in Table 3.22-1. Ministerial development involving use types permitted outright are identified with a “P.” General development involving use types subject to Plan Compatibility Review (Chapter 2.13) are identified with a “PC.” Special Development involving use types subject to Conditional Development Review (Chapter 2.3) and Planned Development Review (Chapter 2.5) are identified with a “CD” and a “PD,” respectively. Uses identified with an “N” are not permitted. Table 3.22 - 1 - Permitted Use Types Use Types Permit Procedure a. Prior Established Uses 1 1. Uses existing prior to December 31, 2000, and in compliance with the Code on that date. P Table 3.22 - 1 - Permitted Use Types Use Types Permit Procedure LDC December 18, 20003.22-3 2. Uses permitted by the Code at the time of approval of a Conceptual or Detailed Development Plan overlying the subject property P b. Civic Use Types 1. Essential Services, subject to Chapter 4.9 standards P 2. Minor Utilities, subject to Chapter 4.9 standards PC 3. Public Safety Services P c. Commercial Use Types (contained within enclosed building) 1. Building Maintenance Services P 2. Construction Sales and Services P 3. Communication Services P 4. Financial, Insurance, and Real Estate Services (when located in building containing over 10,000 sq. ft. of gross floor area) P 5. Food/Beverage Retail Sales, when ancillary to primary use P 6. Laundry (industrial laundry and cleaning services only) P 7. Parking Lot Kiosk P 8. Professional and Administrative Services (when located in building containing over 10,000 sq. ft. of gross floor area) P 9. Repair Services - Industrial or business-related only P 10. Research Sales and Services, when ancillary to a primary use P 11. Technical Support Center P 12. Telemarketing Center P Table 3.22 - 1 - Permitted Use Types Use Types Permit Procedure LDC December 18, 20003.22-4 d. Industrial Use Types 1. Limited Manufacturing - does not require a State or Federal air quality discharge permit, but may include more than 20 employees per shift 2. Technological Production P P e. Accessory Use Types (contained within enclosed building) 1. Essential Services 2. Required off-street parking in accordance with Chapter 4.1 3. Other development customarily incidental to the primary use in accordance with Chapter 4.3 4. Postal Services (retail/customer postal services) P P P P f. Projections such as chimneys, spires, domes, and towers not used for human occupancy and exceeding 75 ft. in height, in accordance with Chapter 4.9. If adjacent to an RS-3.5, RS-5, RS-6, RS-9 or RS-9(U) zone, the threshold is 20 ft. above the height of the structure or 55 ft. in height, whichever is less. PC Section 3.22.40 - LI-O DEVELOPMENT STANDARDS 3.22.40.01 - Lot Area No minimum or maximum lot area standards are established for the LI-O Zone. Lot area shall be adequate to fulfill applicable Code requirements and standards of this zone. 3.22.40.02 - Setbacks a. Front Yard and Exterior Side Yard - 25 ft. minimum and 40 ft. maximum setback. Through the procedures identified in section 3.22.40.08.c, an exception of up to 100 percent of the maximum setback may be granted for industrial use types with certain characteristics and that are located along a Gateway Street. LDC December 18, 20003.22-5 b. Interior Side Yard - 25 ft. minimum setback. c. Rear Yard - 25 ft. minimum setback. 3.22.40.03 - Gateway Standards Standards in section 4.2.70 of Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting shall apply to development along a “Gateway Street,” as designated by the Comprehensive Plan. 3.22.40.04 - General Landscaping Standards All developments shall conform to the requirements of Chapter 4.2. In addition, the following standards shall apply to developments in the LI-O Zone: a. Landscaping Between LI-O Zone and Other Zones - Landscaping and screening shall be required between LI-O zones and other zones, and shall consist of a combination of ground cover, shrubbery, and trees, and fences and/or walls in accordance with Chapter 4.2. Further, when a site abuts a residential or mixed use zone, landscaping shall be at least 6 ft. in height and at least 80 percent opaque as viewed from any point along the parcel boundary within 18 months following establishment of a primary use type. Exceptions to this standard shall be provided for pedestrian accessways. b. Storage and Refuse Areas - Storage and refuse areas shall be screened in accordance with Chapter 4.2. Stored materials shall not be visible from streets, accessways, and adjacent properties. 3.22.40.05 - Height of Structures No structure shall exceed 45 ft. in height. 3.22.40.06 - Performance Standards Each use, activity or operation within the LI-O Zone shall comply with applicable local, State, and Federal standards and not create a nuisance through odor, noise, vibration, dust, smoke, or gas. 3.22.40.07 - Off-Street Parking Facilities Off-street parking shall be provided in accordance with Chapter 4.1 - Parking, Loading, and Access Requirements. 3.22.40.08 - Pedestrian Oriented Design Standards LDC December 18, 20003.22-6 a. Independent or cumulative expansions of a commercial, industrial, or civic structure in existence and in compliance with the Code on December 31, 2000, or constructed after December 31, 2000 pursuant to a valid Conceptual or Detailed Development Plan approved on or before December 31, 2000, shall not be required to comply with this section provided that: 1. The expansion adds floor area of 500 sq. ft. or less; or 2. The expansion adds floor area of 3,000 sq. ft. or less and is equivalent to 20 percent or less of the existing structure's gross floor area. b. Independent or cumulative expansions of a commercial, industrial, or civic structure in existence and in compliance with the Code on December 31, 2000, or constructed after December 31, 2000 pursuant to a valid Conceptual or Detailed Development Plan approved on or before December 31, 2000, shall comply with the pedestrian requirements of Chapter 4.10 - Pedestrian Oriented Design Standards, sections 4.10.70.02 through 4.10.70.05, with allowances for choices among some standards as identified in section 4.10.70.01, provided that: 1. The expansion adds floor area of more than 3,000 sq. ft.; or 2. The expansion adds floor area of more than 500 sq. ft. and is equivalent to more than 20 percent of the existing structure's gross floor area. c. Commercial, Civic, and Industrial Uses - New commercial, civic, and industrial uses in the LI-O Zone shall conform to Chapter 4.10 - Pedestrian Oriented Design Standards, as follows: 1. Section 4.10.70.02 - Building Orientation, “a” through “c” apply. The following standards also apply: (a) Buildings located on parcels abutting South Third Street shall be oriented to that street; however, an exception to this requirement may be granted through Plan Compatibility Review (Chapter 2.13). In such cases, the setback may be increased by up to 100 percent of the requirement, and/or the orientation may be to another street, provided that one or more of the following additional factors are documented by the applicant: 1. The required building orientation would inhibit reasonable operations of the business (e.g., the need for truck circulation around the building); and/or LDC December 18, 20003.22-7 2. The building height exceeds 35 ft. and is deemed incompatible with the gateway purposes of the LI-O Zone. (b) When a building is located within 100 ft. of an existing or planned bus stop or route, the building and at least one of its entrances shall be oriented to the bus stop or route. This criterion is met by facing the entrance toward the bus stop and providing a direct pedestrian connection between the bus stop and the entrance, in conformance with the standards in section 4.10.70.02. 2. Section 4.10.70.03 - Pedestrian Circulation Standards,“a.1” and “a.2” apply for civic and commercial uses, and only “a.1,” “a.5,” and “a.6” apply for industrial uses. 3. Section 4.10.70.04 - Vehicle Circulation and Design Standards, “b” and “c” only apply. 4. For civic and commercial uses, section 4.10.70.05 - Standards and Menus for Pedestrian Features and Design Variety, “a.1" (except weather protection is required only at street-oriented entrances), “b.1" through “b.3," “b.5,” “b.6,” (except a minimum of 20 percent of the length and 10 percent of the ground-floor wall area of any street- facing facade shall contain windows and/or glass doors), and “b.7(d)” through “b.7(e)” apply. For industrial uses, “b.1” through “b.3" and “b.7(d)” and “b.7(e)” apply. 5. Building elevations used to meet the Building Orientation standards in “1" above shall provide a minimum of one of the following features to break up large building masses and provide human-scale design: (a) Windows covering 20 percent of the facade; and/or (b) Building Offsets or Projections 1. A minimum of one 2-ft. offset or projection for every 100 ft. of horizontal distance; and/or 2. Detailing, such as scored masonry, brick inlay, wainscoting, or similar facade materials. Paint color variation alone shall not be sufficient to meet this standard. LDC December 18, 20003.22-8 6. Pedestrian-Scale Building Entrances - Recessed entries, canopies, clear-story windows, and/or other similar features shall be used at the entries to buildings to create pedestrian scale. d. Industrial Uses - Exterior building materials shall consist of concrete tilt up, concrete masonry unit, brick, wood, or materials of similar quality. Metal building exteriors are permitted when used in conjunction with one or more of the other listed materials, but shall not exceed 50 percent of the exterior building surface. 3.22.40.09 - Pedestrian Accessibility At a minimum, a pedestrian walkway shall be provided every 400 ft. along any street, connecting it to the next parallel street. In addition, a through-lot pedestrian walkway is required at any location where a public or private street pedestrian crossing (existing striped crossings, or pedestrian crossings adopted in approved plans) stubs to a parcel with no other through-lot pedestrian walkway within 200 ft. Section 3.22.50 - COMPLIANCE WITH THIS CODE All development shall comply with applicable design standards and other provisions of the Code including, but not limited to, chapters 4.0, 4.1, 4.2, 4.6, 4.7, and 4.9. The block standards established in section 4.0.60 of Chapter 4.0 - Improvements Required with Development shall apply to development on undeveloped sites and are encouraged to the maximum extent practicable on redevelopment of developed sites. LDC December 18, 20003.23-1 CHAPTER 3.23 LIMITED INDUSTRIAL (LI) ZONE Section 3.23.10 - PURPOSE This zone implements the Limited Industrial Comprehensive Plan designation. It is intended to create and preserve areas where limited manufacturing and related use types (described in Chapter 3.0 - Use Classifications) may locate. Limited manufacturing uses have few, if any nuisance characteristics. Also permitted are accessory non-industrial uses that support the primary use activity and are compatible with it, specifically administrative, sales, and service uses. Section 3.23.20 - PERMITTED USES 3.23.20.01 - Ministerial Development a. Primary Uses Permitted Outright 1. Civic Use Types (a) Freestanding wireless telecommunication facilities up to 60 ft. in height, subject to the standards in Chapter 4.9 - Additional Provisions 2. Commercial Use Types (a) Animal Sales and Services 1. Kennels 2. Veterinary (b) Technical Support Center - 20 or fewer employees per shift (c) Telemarketing Center - 20 or fewer employees per shift (d) Temporary Outdoor Markets (e) Wholesaling, Storage, and Distribution - Light 3. Industrial Use Type (a) Limited Manufacturing - 20 or fewer employees per shift and does not require a State or Federal air quality discharge permit, except for parking LDC December 18, 20003.23-2 4. Agricultural Use Types (a) Horticulture 1. Cultivation 2. Storage (b) Packing and Processing 1. Limited b. Accessory Uses Permitted Outright 1. Essential Services 2. One residence per development site and developed simultaneously with or following development of primary and accessory uses permitted outright. 3. Required off-street parking for uses permitted in the zone in accordance with Chapter 4.1 - Parking, Loading, and Access Requirements. 4. Other development customarily incidental to the primary use in accordance with Chapter 4.3 - Accessory Development Regulations. 5. Colocated/attached wireless telecommunication facilities on multi- family (three or more stories) residential structures that do not increase the height of the existing structures by more than 17 ft. for whip antennas, including mounting, or by 10 ft. for all other antennas, subject to the standards in Chapter 4.9 - Additional Provisions. 6. Colocated/attached wireless telecommunication facilities on nonresidential structures that do not increase the height of the existing structures by more than 17 ft. for whip antennas, including mounting, or by 10 ft. for all other antennas, subject to the standards in Chapter 4.9. 3.23.20.02 - Special Development a. Conditional Development - Subject to review in accordance with Chapter 2.3 - Conditional Development and other applicable provisions of this Code. LDC December 18, 20003.23-3 1. Limited Manufacturing - more than 20 employees per shift or requiring a State or Federal air quality discharge permit, except for parking. 2. Freestanding wireless telecommunication facilities greater than 75 ft. in height, subject to the standards in Chapter 4.9 - Additional Provisions. 3. Freestanding wireless telecommunication facilities that do not meet the setback or spacing standard requirements of sections 4.9.60.02.b and 4.9.60.02.c in Chapter 4.9. 4. Colocated/attached wireless telecommunication facilities on multi- family (three or more stories) residential structures that increase the height of the existing structures by more than 17 ft. for whip antennas, including mounting, or by 10 ft. for all other antennas, subject to the standards in Chapter 4.9. 5. Colocated/attached wireless telecommunication facilities on nonresidential structures that increase the height of the existing structures by more than 17 ft. for whip antennas, including mounting, or by 10 ft. for all other antennas, subject to the standards in Chapter 4.9. 6. Technical Support Center - more than 20 employees per shift. 7. Telemarketing Center - more than 20 employees per shift. 3.23.20.03 - General Development a. Plan Compatibility Review - Subject to review in accordance with Chapter 2.13 - Plan Compatibility Review and other applicable provisions of this Code. 1. Any lot with more than one accessway 24 ft. or wider. 2. Minor Utilities, subject to standards in Chapter 4.9 - Additional Provisions. 3. Projections such as chimneys, spires, domes and towers not used for human occupancy and exceeding 75 ft. in height, in accordance with section 4.9.50 of Chapter 4.9 - Additional Provisions, unless adjacent to an RS-3.5, RS-5, RS-6, RS-9 or RS-9(U) zone, where the threshold is 20 ft. above the height of the structure or 55 ft. in height, whichever is less. LDC December 18, 20003.23-4 4. Freestanding wireless telecommunication facilities 61- to 75-ft. in height, subject to the standards in Chapter 4.9. Section 3.23.30 DEVELOPMENT STANDARDS 3.23.30.01 - Lot Area Lots shall be adequate to fulfill applicable Code requirements and standards of this zone. 3.23.30.02 - Setbacks a. Boundary Area - A setback of not less than 25 ft. shall be provided along each LI Zone boundary line abutting any residential, agriculture/open space, or special zone. Off-street parking and loading shall be permitted in this area except for 15 ft. nearest the zone boundary line, which shall not be used for any permitted use, activity, or structure (other than fences or walls) and shall be improved and maintained in accordance with section 3.23.30.03 below. Exemptions from These Requirements 1. Those portions of property lines where driveways, accessways, and walkways are provided; and 2. Lands along the Southern Pacific Railroad line south from Avery Avenue to the City limits. b. Along Streets - The following minimum setbacks shall apply: 1. Arterial streets - 20 ft. 2. Collector streets - 20 ft. 3. All other streets - 20 ft. Where a yard abuts both a street and a zone boundary line, the 10 ft. nearest the zone boundary line shall not be used for any permitted use, activity, or structure (other than fences or walls) and shall be improved and maintained in accordance with section 3.23.30.03 below. The boundary area in "a," above, may be counted in the calculation of required setbacks along streets. c. Except for those required by this section and the Uniform Building Code, no additional yards/setbacks are required. 3.23.30.03 - Landscaping and Screening LDC December 18, 20003.23-5 a. Street trees shall be required, in accordance with Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting. b. Landscaping and screening required in section 3.23.30.02 above shall consist of an effective combination of ground cover, shrubbery, and trees, and fences and walls to serve as screening (buffer area) between the site and abutting zones. Further, when a site abuts a residential zone, landscaping shall be at least 6 ft. in height and at least 80 percent opaque as viewed from any point along the lot boundary within 18 months following establishment of a primary use type. c. An irrigation system shall be provided. d. Storage and refuse areas shall be screened in accordance with Chapter 4.2 so that materials stored within those areas shall not be visible from accessways and adjacent properties. e. Landscaping and lighting shall be provided within a parking area in accordance with Chapter 4.2. 3.23.30.04 - Height of Structures No structure shall exceed 45 ft. in height. 3.23.30.05 - Performance Standards Each use, activity, or operation within this zone shall comply with applicable local, State, and Federal standards, and shall not create a nuisance because of odor, noise, vibration, dust, smoke or gas. 3.23.30.06 - Off-Street Parking Facilities Off-street parking shall be provided in accordance with Chapter 4.1 - Parking, Loading, and Access Requirements. Section 3.23.40 - VARIATIONS Variations from development and design standards (i.e., the standards in this chapter and in other chapters addressing parking, landscaping, public improvements, and pedestrian oriented design standards) may be achieved through the Planned Development and Lot Development Option processes outlined in chapters 2.5 and 2.12 of the Code. LDC December 18, 20003.24-1 CHAPTER 3.24 GENERAL INDUSTRIAL (GI) ZONE Section 3.24.10 - PURPOSE This is the primary zone that implements the General Industrial Comprehensive Plan designation. It is intended to provide appropriate locations for a variety of general industrial uses including manufacturing and related activities with few, if any, nuisance characteristics. This zone prohibits residential uses except as authorized in Chapter 4.3 - Accessory Development Regulations. Section 3.24.20 - PERMITTED USES 3.24.20.01 - Ministerial Development a. Primary Uses Permitted Outright 1. Civic Use Types (a) Major Services and Utilities (b) Minor Utilities (with towers not exceeding 75 ft. in height) subject to standards in Chapter 4.9 - Additional Provisions (c) Parking Services (d) Public Safety Services (e) Freestanding wireless telecommunication facilities up to 120 ft. in height, subject to the standards in Chapter 4.9. 2. Commercial Use Types (a) Agricultural Sales (b) Agricultural Services (c) Animal Sales and Services 1. Grooming (in conjunction with veterinary) 2. Kennels 3. Auctioning (d) Automotive and Equipment LDC December 18, 20003.24-2 1. Fleet Storage 2. Repairs - Heavy Equipment 3. Sales/Rentals of Farm and Heavy Equipment (Note: Sales/Rentals of Light Equipment requires a Conditional Development Review) (e) Building Maintenance Services (f) Construction Sales and Services (g) Laundry Services (h) Research Services (i) Scrap Operations (j) Technical Support Center (k) Telemarketing Center (l) Temporary Outdoor Markets (m) Wholesaling, Storage, and Distribution 1. Light 2. Mini Warehouses 3. Industrial Use Types (a) General Industrial (b) Limited Manufacturing (c) Technological Production b. Accessory Uses Permitted Outright 1. Essential Services 2. Required off-street parking for uses permitted in the zone in accordance with Chapter 4.1 - Parking, Loading, and Access Requirements. LDC December 18, 20003.24-3 3. Other development customarily incidental to the primary use in accordance with Chapter 4.3 - Accessory Development Regulations. 4. Colocated/attached wireless telecommunication facilities on nonresidential structures that do not increase the height of the existing structures by more than 20 ft., subject to the standards in Chapter 4.9 - Additional Provisions. 3.24.20.02 - Special Development a. Conditional Development - Subject to review in accordance with Chapter 2.3 - Conditional Development and other applicable provisions of this Code. 1. Automotive and Equipment - Sales/Rentals, Light Equipment to be reviewed in accordance with section 3.24.30.07 below. 2. Freestanding wireless telecommunication facilities greater than 120 ft. in height, subject to the standards in Chapter 4.9 - Additional Provisions. 3. Freestanding wireless telecommunication facilities that do not meet the setback or spacing standard requirements of sections 4.9.60.02.b and 4.9.60.02.c in Chapter 4.9. 4. Colocated/attached wireless telecommunication facilities that increase the height of the existing structures by more than 20 ft., subject to the standards in Chapter 4.9. 3.24.20.03 - Administrative Development a. Plan Compatibility Review - Subject to review in accordance with Chapter 2.13 - Plan Compatibility Review and other applicable provisions of this Code. 1. Explosive or Fuel Storage 2. Major Services and Utilities 3. Projections such as chimneys, spires, domes, towers, and flagpoles not used for human occupancy and exceeding 75 ft. in height, in accordance with section 4.9.50 of Chapter 4.9 - Additional Provisions. LDC December 18, 20003.24-4 Section 3.24.30 - DEVELOPMENT STANDARDS 3.24.30.01 - Lot Area Lots shall be adequate to fulfill applicable Code requirements and minimum standards of this zone. 3.24.30.02 - Setbacks a. Boundary Area - A setback of not less than 100 ft. shall be provided from any residential, agriculture/open space, or Willamette River Greenway property line. Off-street parking and loading shall be permitted in this setback area, except for the 35 ft. nearest the residential, agriculture/open space, or Willamette River Greenway property line, which shall not be used for any permitted use, activity, or structure (other than fences or walls) and shall be maintained and improved in accordance with 3.24.30.03 below. Exemptions from These Requirements 1. Those portions of property lines where driveways, accessways, and walkways are provided; and 2. Lands along the Southern Pacific Railroad line south from Avery Avenue to the City limits. b. Along Streets - The following minimum setback for any structure shall apply: 1. Arterial streets - 50 ft. 2. Collector streets - 40 ft. 3. All other streets - 25 ft. Where a yard abuts both a street and a zone boundary line, the 35 ft. nearest the zone boundary shall not be used for any permitted use, activity, or structure (other than fences or walls) and shall be maintained and improved in accordance with section 3.24.30.03 below. The boundary area as required in "a," above, may be counted in the calculation of required setbacks along streets. c. Except for those required in this section and the Uniform Building Code, no additional yards/setbacks are required. 3.24.30.03 - Landscaping, Lighting, Buffering, and Screening LDC December 18, 20003.24-5 a. Landscaping, lighting, buffering, and screening required in section 3.24.30.02 above shall be in accordance with Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting and shall consist of a combination of street trees, ground cover, shrubbery, trees, fences, and walls to serve as screening (buffer area) between the site and abutting nonresidential zones. Further, when a site abuts a residential zone, landscaping shall be at least 6 ft. in height and at least 80 percent opaque as viewed from any point along the lot boundary within 18 months following the establishment of the primary use type. b. Storage and refuse areas shall be screened in accordance with Chapter 4.2 so that materials stored within those areas shall not be visible from accessways and adjacent residential zones. 3.24.30.04 - Height of Structure No structure shall exceed 75 ft. in height. 3.24.30.05 - Performance Standards Each use, activity, or operation within this zone shall comply with applicable local, State, and Federal standards and shall not create a nuisance because of odor, vibration, noise, dust, smoke, or gas. 3.24.30.06 - Off-Street Parking Facilities Off-street parking shall be provided in accordance with Chapter 4.1. 3.24.30.07 - Special Provisions for Automotive and Equipment - Sales/Rentals, Light Equipment The purpose of reviewing the Automotive and Equipment-Sales/Rentals, Light Equipment use type as a conditional use is to determine appropriateness of the use at a specific site based on the following criteria: a. The proposed site is needed due to a shortage of alternative sites that can accommodate this use. b. Permitting the use will not significantly reduce the overall supply and diversity of industrial land or negatively affect the developability of the balance of adjacent industrial land. Approval shall not be granted if the property was part of a larger parcel within the last 12 months. c. The site is a minimum of 2 acres and has frontage on an arterial. Section 3.24.40 - VARIATIONS LDC December 18, 20003.24-6 Variations from development and design standards (i.e., the standards in this chapter and in other chapters addressing parking, landscaping, public improvements, and pedestrian oriented design standards) may be achieved through the Planned Development and Lot Development Option processes outlined in chapters 2.5 and 2.12 of the Code. LDC December 18, 20003.25-1 CHAPTER 3.25 INTENSIVE INDUSTRIAL (II) ZONE Section 3.25.10 - PURPOSE This is the primary zone that implements the Intensive Industrial Comprehensive Plan designation. It is intended to provide appropriate locations for intensive manufacturing activities that are characterized by their potential conflicts with residential and other land uses. Because this zone does not specifically prohibit any types of intensive industrial uses, all intensive industrial uses are reviewed through a Conditional Development process. Section 3.25.20 - PERMITTED USES 3.25.20.01 - Ministerial Development a. Primary Uses Permitted Outright 1. Civic Use Types (a) Major Services and Utilities (b) Minor Utilities (with towers not exceeding 75 ft. in height), subject to standards in Chapter 4.9 - Additional Provisions (c) Parking Services (d) Public Safety Services (e) Freestanding wireless telecommunication facilities up to 120 ft. in height, subject to the standards in Chapter 4.9 2. Commercial Use Types (a) Agricultural Sales (b) Agricultural Services (c) Animal Sales and Services 1. Auctioning 2. Grooming (in conjunction with veterinary) 3. Kennels LDC December 18, 20003.25-2 (d) Automotive and equipment 1. Fleet storage 2. Repairs - Heavy Equipment 3. Sales/Rentals of Farm Equipment and Heavy Equipment (e) Building Maintenance Services (f) Construction Sales and Services (g) Laundry Services (h) Research Services (i) Scrap Operations (j) Temporary Outdoor Sales (k) Wholesaling, Storage, and Distribution 1. Heavy 2. Light 3. Mini-Warehouses 3. Industrial Use Types (a) Limited Manufacturing (b) General Industrial (c) Technological Production 4. Agricultural Use Type (a) Animal Waste Processing b. Accessory Uses Permitted Outright 1. Essential Services LDC December 18, 20003.25-3 2. Required off-street parking for uses permitted in the zone in accordance with Chapter 4.1 - Parking, Loading, and Access Requirements. 3. Other development customarily incidental to the primary use in accordance with Chapter 4.3 - Accessory Development Regulations. 4. Colocated/attached wireless telecommunication facilities on nonresidential structures that do not increase the height of the existing structures by more than 20 ft., subject to the standards in Chapter 4.9 - Additional Provisions. 3.25.20.02 - Special Development a. Conditional Development - Subject to review in accordance with Chapter 2.3 - Conditional Development and other applicable provisions of this Code. 1. Intensive Industrial Uses 2. Established Intensive Industrial Uses, when either one of the following occurs: (a) A change in operation or increase in production creates the need to secure approval from an environmental permitting agency to increase air, water, or noise emissions unless such emission levels were approved by the City through a previous land use process; or (b) Specific limits or conditions related to operations, physical expansion, etc. established by a previous land use approval are exceeded. 3. Freestanding wireless telecommunication facilities greater than 120 ft. in height, subject to the standards in Chapter 4.9 - Additional Provisions. 4. Freestanding wireless telecommunication facilities that do not meet the setback or spacing standard requirements of sections 4.9.60.02.b and 4.9.60.02.c in Chapter 4.9. 5. Colocated/attached wireless telecommunication facilities that increase the height of the existing structures by more than 20 ft, subject to the standards in Chapter 4.9. 3.25.20.03 - General Development LDC December 18, 20003.25-4 a. Plan Compatibility Review - Subject to review in accordance with Chapter 2.13 - Plan Compatibility Review and other applicable provisions of this Code. 1. Explosive or Fuel Storage 2. Projections such as chimneys, spires, domes, towers, and flagpoles not used for human occupancy and exceeding 75 ft. in height, in accordance with section 4.9.50 of Chapter 4.9 - Additional Provisions. If adjacent to an RS-3.5, RS-5, RS-6, RS-9 or RS-9(U), the threshold is 20 ft. above the height of the structure or 85 ft. in height, whichever is less. Section 3.25.30 DEVELOPMENT STANDARDS 3.25.30.01 - Lot Area Lots shall be adequate to fulfill applicable Code requirements and standards of this zone. 3.25.30.02 - Setbacks a. Boundary Area - A setback of not less than 100 ft. shall be provided along each II Zone boundary line abutting any residential, agriculture/open space, or Willamette River Greenway zone. Off-street parking and loading shall be permitted in this area except for the 35 ft. nearest the zone boundary line, which shall not be used for any permitted use, activity, or structure (other than fences or walls) and shall be maintained and improved in accordance with section 3.25.30.03 below. Exemptions from These Requirements 1. Those portions of property lines where driveways, accessways, or walkways are provided; and 2. Lands along the Southern Pacific Railroad line south from Avery Avenue to the City limits. b. Along Streets - The following minimum setback for any structure shall apply: 1. Arterial streets - 75 ft. 2. Collector streets - 40 ft. LDC December 18, 20003.25-5 3. All other streets - 25 ft. Where a yard abuts both a street and a zone boundary line, the 35 ft. nearest the zone boundary shall not be used for any permitted use, activity, or structure (other than fences or walls) and shall be maintained and improved in accordance with section 3.25.30.03 below. The boundary area as required in "a" above may be counted in the calculation of required setbacks along streets. c. Except for those required in this section and the Uniform Building Code, no additional yards/setbacks are required. 3.25.30.03 - Landscaping, Lighting, Buffering, and Screening a. Landscaping, lighting, buffering, and screening required in section 3.25.30.02 above shall be provided in accordance with Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting, and shall consist of a combination of street trees, ground cover, shrubbery, trees, fences, and walls to serve as screening (buffer area) between the site and abutting non-industrial zones. Further, when a site abuts a residential zone, landscaping shall be at least 6 ft. in height and at least 80 percent opaque as viewed from any point along the lot boundary within 18 months following the establishment of the primary use type. b. Storage and refuse areas shall be screened in accordance with Chapter 4.2 so that materials stored within those areas shall not be visible from accessways and adjacent residential zones. 3.25.30.04 - Height of Structure No structure shall exceed 75 ft. in height. 3.25.30.05 - Off-Street Parking Facilities Off-street parking shall be provided in accordance with Chapter 4.1 - Parking, Loading, and Access Requirements. Section 3.25.40 - VARIATIONS Variations from development and design standards (i.e., the standards in this chapter and in other chapters addressing parking, landscaping, public improvements, and pedestrian oriented design standards) may be achieved through the Planned Development and Lot Development Option processes outlined in chapters 2.5 and 2.12 of the Code. LDC December 18, 20003.26-1 CHAPTER 3.26 RESEARCH TECHNOLOGY CENTER (RTC) ZONE Section 3.26.10 - PURPOSE This zone implements the Research Technology Use designation of the Comprehensive Plan. It is intended to provide locations for research and technology uses in a campus-like setting, with supporting commercial uses not to exceed 20 percent of the gross floor area, and to establish standards that address compatibility of the center with surrounding uses. Section 3.26.20 - GENERAL PROVISIONS 3.26.20.01 - Establishment of the RTC Zone This zone may be requested by an owner of property identified on the Comprehen- sive Plan Map as a potential RTC area. Establishment of this zone requires a public hearing by the Planning Commission in conjunction with a Conceptual Development Plan consistent with Chapter 2.5 - Planned Development. At the time this zone is designated, the Planning Commission shall also designate the underlying zone in conformance with the Comprehensive Plan. The applicant has three years from date of approval for the zone change and Conceptual Development Plan to complete a Plan Compatibility Review and be issued a building permit for a primary use. If no building permit has been issued prior to the expiration date, the zone change and Conceptual Development Plan shall expire and the Director shall amend the Official Zoning Map to remove the RTC Zone, except as provided in section 3.26.20.02 below. 3.26.20.02 - Time Extension a. An owner of property with an RTC designation may apply to have the designation extended beyond the 3-year limit, provided that an application, on forms provided by the Director, is properly filed before the expiration of the designation. b. The Director shall process the request and mail notice to owners and occupants of all properties within 500 ft. of the subject property in accordance with Chapter 2.16 - Request for Interpretation. The Director shall grant a 1-year extension of the expiration date upon finding that: 1. Unforeseen circumstances or conditions have caused the delay; 2. The applicant has demonstrated reasonable diligence in attempting to meet the time limits imposed; and LDC December 18, 20003.26-2 3. Facts upon which the approval was based have not changed to an extent sufficient to warrant re-filing. Applications for additional 1-year extensions may be filed in accordance with the above procedures. Section 3.26.30 - PERMITTED USES 3.26.30.01 - Ministerial Development a. Primary Uses Permitted Outright - Consistent with a previously approved Conceptual Development Plan. 1. Civic Use Types (a) Administrative Services (b) Postal Services (c) Public Safety (d) University Services and Facilities (e) Freestanding wireless telecommunication facilities up to 60 ft. in height, subject to the standards in Chapter 4.9 - Additional Provisions. 2. Commercial Use Types (a) Communications Services (b) Eating and Drinking Establishments - Sitdown (1 per development site) (c) Professional and Administrative Services (minimum building size of 800 sq. ft.) (d) Research Services (e) Technical Support Center (f) Telemarketing Center 3. Commercial and Residential Use Types (with the exception of temporary outdoor markets, the following use types are subject to the special limitations specified in section 3.26.40) LDC December 18, 20003.26-3 (a) Business Equipment Sales and Service (b) Business Support Services (c) Convenience Sales and Personal Services (d) Eating and Drinking Establishments - Sitdown (where it exceeds the single allowed eating and drinking establishment for the entire site) (e) Financial, Insurance, and Real Estate Services (f) Day-Care, Commercial Facilities (g) Participant Sports and Recreation (h) Convenience Sales and Personal Services (i) Temporary Outdoor Markets 4. Industrial Use Types (a) Limited Manufacturing (b) Technological Production (c) Wholesaling, Storage, and Distribution-Light b. Accessory Uses Permitted - In accordance with Chapter 2.13 - Plan Compatibility Review. 1. Essential Services 2. Other development customarily incidental to the primary use in accordance with Chapter 4.3 - Accessory Development Regulations. 3. Colocated/attached wireless telecommunication facilities on multi- family (three or more stories) residential structures that do not increase the height of the existing structures by more than 17 ft. for whip antennas, including mounting, or by 10 ft. for all other antennas, subject to the standards in Chapter 4.9 - Additional Provisions. 4. Colocated/attached wireless telecommunication facilities on nonresidential structures that do not increase the height of the existing structures by more than 17 ft. for whip antennas, including mounting, or by 10 ft. for all other antennas, subject to the standards in Chapter 4.9. LDC December 18, 20003.26-4 3.26.30.02 - Special Development a. Conditional Development - Subject to review in accordance with Chapter 2.3 - Conditional Development and all other applicable provisions of this Code. 1. Freestanding wireless telecommunication facilities greater than 75 ft. in height, subject to the standards in Chapter 4.9 - Additional Provisions. 2. Freestanding wireless telecommunication facilities that do not meet the setback or spacing standard requirements of sections 4.9.60.02.b and 4.9.60.02.c in Chapter 4.9. 3. Colocated/attached wireless telecommunication facilities on multi- family (three or more stories) residential structures that increase the height of the existing structures by more than 17 ft. for whip antennas, including mounting, or by 10 ft. for all other antennas, subject to the standards in Chapter 4.9. 4. Colocated/attached wireless telecommunication facilities on nonresidential structures that increase the height of the existing structures by more than 17 ft. for whip antennas, including mounting, or by 10 ft. for all other antennas, subject to the standards in Chapter 4.9. 3.26.30.03 - General Development a. Plan Compatibility Review - Subject to review in accordance with Chapter 2.13 - Plan Compatibility Review and all other applicable provisions of this Code. 1. Major Services and Utilities 2. Minor Utilities subject to standards in Chapter 4.9 - Additional Provisions 3. Projections such as chimneys, spires, domes, and towers not used for human occupancy and exceeding 75 ft. in height, in accordance with Chapter 4.9. If adjacent to an RS-3.5, RS-5, RS-6, RS-9, or RS- 9(U) zone, the threshold is 20 ft. above the height of the structure or 85 ft. in height, whichever is less. 4. Freestanding wireless telecommunication facilities 61- to 75-ft. in height, subject to the standards in Chapter 4.9. LDC December 18, 20003.26-5 Section 3.26.40 - DEVELOPMENT STANDARDS The Conceptual Development Plan for the entire RTC site shall comply with the standards listed below. When the Planning Commission reviews a proposed Conceptual Development Plan for the entire RTC site, it shall also ensure that the plan limits the uses specified in section 3.26.30.01.a.3 to 20 percent or less of the gross floor area of the development site. The purpose of special limitations regarding the uses in section 3.26.30.01.a.3 is to ensure that the proposed use or uses will serve the shopping and service needs primarily of employees and businesses of the uses in the RTC site. Building permits for these commercial uses shall be approved only when subordinate to other existing RTC development. Permits for these subordinate uses shall be issued concurrent with or following issuance of permits for the predominant uses and shall not exceed the maximum gross floor area limitation of 20 percent of uses established on the site at any time. 3.26.40.01 - Lot Area Minimum lot area for a development site shall be 50 acres. Individual lot sizes shall be adequate to fulfill applicable Code requirements and minimum standards of this zone. 3.26.40.02 - Setbacks a. Boundary Area - The setback for the perimeter of a development site shall average 50 ft. along the building face for structures 30 ft. or less in building height. The minimum setback shall not be less than 30 ft. For a structure over 30 ft. in height, an additional setback of 2.5 ft. for every foot of height over 30 ft. shall be added to the average 50-ft. setback. b. Streets - Setbacks from streets along the perimeter of the development site shall average 60 ft. with a minimum setback of 40 ft. c. Interior Lot Lines - There are no requirements for separation between buildings or setbacks from any created interior lot lines other than those specified in the Uniform Building Code. 3.26.40.03 - Height of Structure No structure shall exceed 75 ft. in height. 3.26.40.04 - Site Coverage Building coverage shall not exceed 40 percent; total impervious surface (excluding green area elements) shall not exceed 60 percent of the entire development site. A minimum of 15 percent of the required green area shall be landscaping or preserved vegetation. LDC December 18, 20003.26-6 3.26.40.05 - Performance Standards a. Each use, activity, or operation within this zone shall comply with applicable State and Federal standards and shall not create a nuisance because of odor, vibration, noise, dust, smoke, or gas. b. Mechanical equipment, outdoor storage areas, trash receptacles, and parking lots shall be screened from view from public places and neighboring properties, to the extent practicable, through use of features such as berms, fences, facades, and dense landscaping in accordance with Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting. c. There shall be a 30-ft.-wide landscaped area in the boundary area containing trees and shrubs with a fence or a berm. Within the street setback area, a 40-ft.-wide landscaped area shall be provided. d. Landscaping shall be in accordance with Chapter 4.2. Landscaped areas shall be irrigated with permanent facilities sufficient to maintain the plant materials and shall be covered by living plant material capable of attaining 90 percent ground coverage within three years. e. Street trees are required in accordance with Chapter 4.2. f. Long expanses of fences or walls along public streets shall be designed to prevent visual monotony through the use of offsets, landscaping, and change in materials. g. Earth sculpting and other techniques shall be used to reduce building scale along the development site perimeter. h. Where structures are set back less than 60 ft. along a perimeter street, the building arrangement shall provide for open space linkages such that the required open space extends from the street into the interior of the site. i. Parking, loading, and access requirements shall be in accordance with Chapter 4.1 - Parking, Loading, and Access Requirements. j. Access shall be designed to minimize interference with traffic movement on abutting streets. Where the Director determines it is necessary, additional right-of-way shall be dedicated to maintain adequate traffic circulation. k. Metal siding and roof surfaces shall be covered and maintained with nonreflective paint. LDC December 18, 20003.26-7 l. Artificial lighting shall be arranged and constructed not to produce direct glare on adjacent residential properties and shall be consistent with Chapter 4.2. m. Signage shall be designed and oriented to primarily serve those within the RTC development. Structures or portions of structures used for commercial purposes shall be designed to serve primarily those within the RTC development. n. Independent or cumulative expansions of a commercial or civic structure in existence and in compliance with the Code on December 31, 2000, or constructed after December 31, 2000 pursuant to a valid Conceptual or Detailed Development Plan approved on or before December 31, 2000, shall not be required to comply with this section, provided that: 1. The expansion adds floor area of 500 sq. ft. or less; or 2. The expansion adds floor area of 3,000 sq. ft. or less and is equivalent to 20 percent or less of the existing structure's gross floor area. o. Independent or cumulative expansions of a commercial or civic structure in existence and in compliance with the Code on December 31, 2000, or constructed after December 31, 2000 pursuant to a valid Conceptual or Detailed Development Plan approved on or before December 31, 2000, shall comply with the pedestrian requirements of Chapter 4.10 - Pedestrian Oriented Design Standards, sections 4.10.70.02 through 4.10.70.05, with allowances for choices among some standards as identified in section 4.10.70.01, provided that: 1. The expansion adds floor area of more than 3,000 sq. ft.; or 2. The expansion adds floor area of more than 500 sq. ft. and is equivalent to more than 20 percent of the existing structure's gross floor area. p. All new buildings or structures for which a valid permit application has been submitted after December 31, 2000 shall comply with Chapter 4.10. q. Section 3.27.50 ( Design Guidelines and Standards) of Chapter 3.27 - Mixed Use Employment (MUE) Zone shall apply to industrial development within an RTC site. LDC December 18, 20003.26-8 Section 3.26.50 - VARIATIONS Variations from development and design standards (i.e., the standards in this chapter and in other chapters addressing parking, landscaping, public improvements, and pedestrian oriented design standards) may be achieved through the Planned Development and Lot Development Option processes outlined in chapters 2.5 and 2.12 of the Code. LDC December 18, 20003.27-1 CHAPTER 3.27 MIXED USE EMPLOYMENT (MUE) ZONE Section 3.27.10 - PURPOSE This zone introduces some commercial and residential uses into areas with industrial designations on the Comprehensive Plan Map, while maintaining the City’s supply of industrially designated lands. It is intended to provide a variety of employment uses, including limited industrial uses and commercial, civic, and residential uses, at a scale appropriate to surrounding employment areas. Key objectives of the Mixed Use Employment Zone include: a. Expand employment opportunities by allowing businesses to locate in a variety of locations; b. Provide services for employees in close proximity to their work place; c. Provide options for living, working, and shopping environments; d. Facilitate more intensive use of land while minimizing potentially adverse impacts; and e. Provide options for pedestrian oriented lifestyles. Section 3.27.20 - GENERAL PROVISIONS 3.27.20.01 - Establishment of the MUE Zone The MUE Zone shall be applied to properties with industrial designations on the Comprehensive Plan Map or to lands designated through a quasi-judicial or legislative process. When the zone is applied to parcels via the quasi-judicial Zone Change process, the proposal shall meet the zone change criteria of section 2.2.40 in Chapter 2.2 - Zone Changes, and the following criteria for zone location, dimensions, and size. a. Locational Criteria The following locational criteria shall be applied to zone changes, in conjunction with Chapter 2.2 - Zone Changes. 1. The MUE Zone shall be located in areas with lot sizes of generally less than 20 acres; AND EITHER LDC December 18, 20003.27-2 2. All portions of the MUE Zone shall be located within 1/4 mile of existing or planned transit service; OR 3. The MUE Zone shall be located in areas determined through a Planned Development process to be necessary to provide mixed use opportunities and services to adjacent areas. b. Zone Size and Dimensions 1. The zone shall have a minimum size of ½ block or 1 acre. It may be composed of smaller parcels when the total area of the zone is equal to or greater than 1 acre. Public street rights-of-way shall not count toward the total area of a zone. 2. A Planned Development zoning overlay shall be applied to MUE zones that exceed 5 acres or involve multiple parcels. If all parcels within the zone are not concurrently developed, the Planned Development Review shall focus on the developing parcel and ensure that the proposed development does not preclude development of the adjacent parcels within the mixed use area. 3. The zone shall have a minimum of 50 ft. of frontage onto an existing or planned public street. Section 3.27.30 - PERMITTED USES 3.27.30.01 - Ministerial Development a. Primary Uses Permitted Outright 1. Residential Use Types (a) Family (b) Group Residential (c) Group Residential/Group Care (d) Residential Care Facilities 2. Residential Building Types (a) Single Detached (existing prior to adoption of this Code) LDC December 18, 20003.27-3 (b) Single Attached (zero lot line - 2 units) (c) Duplexes (existing prior to the adoption of this Code) (d) Attached (Townhouse) (e) Multi-Dwelling (includes freestanding buildings and dwelling units in commercial or industrial buildings) (f) Accessory Dwelling All residential use types are subject to compliance with section 3.27.40.01 - Preservation of Industrial Land Supply. 3. Civic Use Types (a) Administrative Services (b) Social Service Facilities (c) Cultural Exhibits and Library Services (d) Lodges, Fraternal and Civic Assembly (e) Parking Services (f) Postal Services (g) Public Safety Services (h) Religious Assembly (i) Transit Facilities (j) Freestanding wireless telecommunication facilities up to 60 ft. in height, subject to the standards in Chapter 4.9 - Additional Provisions. A civic use type that exceeds 5,000 sq. ft. must demonstrate that it primarily serves the immediate area. 4. Commercial Use Types (a) Agricultural Sales (b) Animal Sales and Services LDC December 18, 20003.27-4 1. Grooming 2. Veterinary 3. Indoor Kennels (with sound attenuation) (c) Building Maintenance Services (d) Business Equipment Sales and Services (e) Business Support Services (f) Communication Services (g) Construction Sales and Service (h) Convenience Sales and Personal Services (i) Day Care, Commercial Facility (j) Eating and Drinking Establishments - Sit Down (30 seats or less) (k) Financial, Insurance, and Real Estate Services (l) Food and Beverage Sales (m) Laundry Services (n) Participant Sports and Recreation (indoor facilities limited to less than 299 capacity) (o) Professional and Administrative Services (p) Repair Services - Consumer (q) Research Services (r) Retail Sales -General (limited to 10,000 sq. ft. of floor area per building) (s) Technical Support Center (20 or fewer employees per shift) (t) Telemarketing Center (20 or fewer employees per shift) LDC December 18, 20003.27-5 (u) Temporary Outdoor Markets (v) Wholesaling, Storage and Distribution Commercial use types included in the list above and classified as primary uses permitted outright in the Limited Industrial and/or General Industrial zones may be considered as “industrial uses” for the purposes of calculating minimum floor area ratios (FARs) as required by section 3.27.40.01 and as addressed in section 3.27.30.02. 5. Industrial Use Types (a) Limited Manufacturing - 20 or fewer employees per shift and does not require a State or Federal air quality discharge permit, except for parking (b) General Industrial Uses in association with sales (c) General Industrial Uses that do not result in the following nuisance conditions detectable from the boundaries of the subject property. Nuisance conditions can result from any of the following: 1. Continuous, frequent, or repetitive noises or vibrations; 2. Noxious or toxic fumes, odors, or emissions; 3. Electrical disturbances; or 4. Night illumination into residential areas. Exceptions - Noise and vibrations from temporary construction; noise from vehicles or trains entering or leaving the site; noise and vibrations occurring less than 15 minutes per day; an odor detected for less than 15 minutes per day; and noise detectable only as part of a composite of sounds from various offsite sources. b. Accessory Uses Permitted Outright 1. Essential Services 2. Day Care, Family Facility 3. Home Business, when conducted in conjunction with a permitted residential use LDC December 18, 20003.27-6 4. Required off-street parking in accordance with Chapter 4.1 - Parking, Loading, and Access Requirements 5. Other development customarily incidental to the primary use in accordance with Chapter 4.3 - Accessory Development Regulations 6. Colocated/attached wireless telecommunication facilities on multi- family (three or more stories) residential structures that do not increase the height of the existing structures by more than 17 ft. for whip antennas, including mounting, or by 10 ft. for all other antennas, subject to the standards in Chapter 4.9 - Additional Provisions. 7. Colocated/attached wireless telecommunication facilities on nonresidential structures that do not increase the height of the existing structures by more than 17 ft. for whip antennas, including mounting, or by 10 ft. for all other antennas, subject to the standards in Chapter 4.9. 3.27.30.02 - Special Development a. Conditional Development - Subject to review in accordance with Chapter 2.3 - Conditional Development and other applicable provisions of this Code. 1. Automotive and Equipment (a) Cleaning (b) Fleet Storage (c) Parking Services (d) Repairing, Light Equipment and Heavy Equipment 2. Drive-Through Facilities (financial institutions, eating establishments, etc.) 3. Eating and Drinking Establishments - Sit Down (more than 30 seats) 4. Community Recreation 5. Major Services and Utilities (except Transit Facilities) 6. Spectator Sports and Entertainment - Small Facilities (capacity less than 300) LDC December 18, 20003.27-7 7. Limited Manufacturing - more than 20 employees per shift and uses that do not result in the following nuisance conditions detectable from the boundaries of the subject property. Nuisance conditions can result from any of the following: (a) Continuous, frequent, or repetitive noises or vibrations; (b) Noxious or toxic fumes, odors, or emissions; (c) Electrical disturbances; or (d) Night illumination into residential areas. 8. Technical Support Center (more than 20 employees per shift) 9. Telemarketing Center (more than 20 employees per shift) 10. Freestanding telecommunication facilities greater than 75 ft. in height, subject to the standards in Chapter 4.9 - Additional Provisions 11. Freestanding wireless telecommunication facilities that do not meet the setback or spacing standard requirements of sections 4.9.60.02.b and 4.9.60.02.c in Chapter 4.9. 12. Colocated/attached wireless telecommunication facilities on multi- family (three or more stories) residential structures that increase the height of the existing structures by more than 17 ft. for whip antennas, including mounting, or by 10 ft. for all other antennas, subject to the standards in Chapter 4.9. 13. Colocated/attached wireless telecommunication facilities on nonresidential structures that increase the height of the existing structures by more than 17 ft. for whip antennas, including mounting, or by 10 ft. for all other antennas, subject to the standards in Chapter 4.9. Exceptions - Noise and vibrations from temporary construction; noise from vehicles or trains entering or leaving the site; noise and vibrations occurring less than 15 minutes per day; an odor detected for less than 15 minutes per day; and noise detectable only as part of a composite of sounds from various offsite sources. 3.27.30.03 - General Development a. Plan Compatibility Review - Subject to review in accordance with Chapter 2.13 and other applicable provisions of this Code. LDC December 18, 20003.27-8 1. Minor Utilities subject to standards in Chapter 4.9 - Additional Provisions 2. Transit Facilities 3. Projections such as chimneys, spires, domes, towers, and flagpoles not used for human occupancy and exceeding 55 ft. in height (unless the height limit for the subject property is 75 ft. per section 3.27.40.03, in which case the threshold is 75 ft.), in accordance with section 4.9.50 of Chapter 4.9 - Additional Provisions. 4. Non-industrial uses that exceed the square footage of industrial uses. Note: Commercial use types listed in section 3.27.30.01.a.4 and classified as primary uses permitted outright in the Limited Industrial and/or General Industrial zones may be considered as “industrial uses” for the purposes of calculating these square footages. 5. Freestanding wireless telecommunication facilities 61- to 75-ft. in height, subject to the standards in Chapter 4.9. Section 3.27.40 - DEVELOPMENT STANDARDS The following provisions identify development standards within the MUE Zone. Additional flexibility is provided through the Planned Development (Chapter 2.5) and Lot Development Option (Chapter 2.12) review processes. 3.27.40.01 - Preservation of Industrial Land Supply a. A minimum floor area ratio (FAR) of 0.25 of industrial structure/use is required for all properties with a Comprehensive Plan Map designation of Industrial. This requirement is to ensure that industrial land is preserved for primarily industrial purposes. This provision does not apply when a commercial use in an industrially designated property is applied to an existing residential building that existed prior to the adoption of this MUE Zone. This provision also does not apply when a residential use is applied to an existing commercial building within an industrial zone that existed prior to the adoption of this MUE Zone. The industrial uses on an MUE site are required to be developed prior to or concurrently with residential and commercial uses, with the exception of residential and/or commercial uses in existence as of the adoption of this MUE Zone. b. When a project is composed of two or more phases, the mixed use site shall be reviewed as a Planned Development, and each phase shall meet the minimum 0.25 FAR as described in “a” above. LDC December 18, 20003.27-9 c. Where the square footage of the non-industrial use(s) exceeds the square footage of the industrial uses(s), the development site shall be subject to a Plan Compatibility Review process. d. When a MUE Zone is approved for a site, a deed restriction recognizing the industrial character and underlying industrial land use designation of the property shall be recorded on the parcel(s) involved at the time the MUE Zone is approved. Note: Commercial use types listed in section 3.27.30.01.a.4 and classified as primary uses permitted outright in the Limited Industrial and/or General Industrial zones may be considered as “industrial uses” for the purposes of calculating minimum floor area ratios (FARs) and square footages as required in this section. These provisions are intended to protect the City’s inventory of industrial land, in conformance with Statewide Goal 9 (Economic Development) and the Comprehensive Plan. By preserving a minimum amount of land in the MUE Zone that must be used for industrial (i.e., employment) purposes, the City can ensure compliance with Goal 9. 3.27.40.02 - Minimum Lot Area and Setback Requirements a. A setback of not less than 25 ft. shall be provided along each MUE Zone boundary line abutting any residential (RS) zone. Off-street parking and loading shall be permitted in this area except within 15 ft. of the zone boundary line, which shall not be used for any permitted use, activity, or structure (other than fences, walls, driveways, or walkways). Driveways, parking, and loading areas adjacent to residential zones shall be landscaped and screened in accordance with Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting. b. The requirements for residential structures containing a residential use shall be in accordance with Chapter 3.8 - High Density (RS-20) Zone and the Mixed Use Design Guidelines in this chapter. c. For maximum permitted setbacks, refer to section 3.27.50.02. 3.27.40.03 - Structure Height Structure height shall not exceed 45 ft. on sites that are zoned solely MUE or that have a Comprehensive Plan Map Designation of Limited Industrial or Research Technology. If a site is developed as a Planned Development and in a manner compatible with any adjacent residential property(ies), the structure height may be increased to 75 ft. consistent with section 3.27.50.09. If a site’s Comprehensive Plan Map designation is General Industrial or Intensive Industrial, structure heights may be 75 ft. LDC December 18, 20003.27-10 3.27.40.04 - Green Area Standards A minimum of 20 percent of the total site area shall be retained as green area. Green area may include landscape areas, natural areas, and/or pedestrian amenities consistent with section 3.27.50.07, except that a minimum of 10 percent of the required site shall be landscaping or preserved vegetation. The site and building design standards of this chapter shall also shall be met. Structures, parking, and driveways of interior parking areas are excluded from the green area. Landscaping and lighting shall be in accordance with Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting. 3.27.40.05 - Off-Street Parking Off-street parking shall be provided in accordance with Chapter 4.1 - Parking, Loading, and Access Requirements. Required parking shall be provided on the same site as the use or upon abutting property. Street right-of-way shall be excepted when determining contiguity, except on arterials and collectors where there is not a controlled intersection within 100 ft. of the subject property. Chapter 4.1 allows adjustments to minimum parking standards when transit service and bicycle parking are available. Additional flexibility for required vehicle parking may be granted in the MUE Zone in conformance with the following standards: a. Shared parking agreements may be used to provide additional reductions in required parking, provided that the applicant demonstrates an adequate supply of parking for each use. Identification of surplus parking during peak periods or surplus capacity provided due to off-peak use are methods of demonstrating this adequacy. b. Additional flexibility to vehicle parking provisions may be granted through the Lot Development Option when the site is less than 3 acres, or through the Planned Development procedure (chapters 2.12 and 2.5, respectively). This flexibility is provided to encourage development patterns that reduce the reliance on the automobile by taking advantage of alternate modes of travel. Section 3.27.50 - DESIGN GUIDELINES AND STANDARDS 3.27.50.01 - Coordinated Development New development shall be designed in a manner not to preclude development of adjacent property(ies) and to ensure the logical and efficient extension of public facilities and services, including but not limited to sanitary sewer, water, storm drainage, street, and pedestrian facility connections. 3.27.50.02 - Building Orientation and Maximum Setbacks a. All new buildings in the MUE Zone shall be oriented to existing or proposed public streets or to private streets as approved by the City. Building LDC December 18, 20003.27-11 orientation is demonstrated by placing buildings and their public entrances close to streets so that pedestrians have a direct and convenient route from the street sidewalk to building entrances. b. At least one major public entrance should be oriented to each street that the building abuts. Corner entrances may be used to provide entrance orientation to two streets, provided that the length of the building adjacent to the street does not exceed 50 ft. c. Building setbacks from streets or plazas shall not exceed 20 ft., except where necessary to preserve healthy, mature tree(s); to provide pedestrian amenities in conformance with section 3.27.50.07; or to accommodate handicapped access requirements. A further exception to these setback requirements may be considered when the site is fronted by more than two streets. 3.27.50.03 - Corner Building Entrances For all new buildings or when redevelopment opportunities allow, the design of corner lot buildings should reinforce public intersections as public spaces. As an example, corner building entrances with weather protection or other architectural features may be required to ensure that this guideline is met. The maximum allowable building setback may be increased when the building design incorporates seating, plazas, and other public amenities, as defined by section 3.27.50.07. 3.27.50.04 - Weather Protection a. Where new industrial development is constructed adjacent to street sidewalks or pedestrian plazas, a 6-ft.-wide, weather-protected area (e.g., awnings or canopies) shall be provided over the primary entrance. b. Where new commercial or residential development is constructed adjacent to street sidewalks or pedestrian plazas, a 6-ft.-wide, weather-protected area (e.g., awnings or canopies) shall be provided along the portion of building(s) adjacent to the sidewalks and/or plazas. c. For existing development, weather protection as identified in “a” and “b” above shall be provided when alterations, repairs, or additions to existing structures are made. However, an exception to meeting this weather- protection standard may be requested where the applicant can demonstrate, to the satisfaction of the Director, that the cost of improvements to the existing structure is less than four times the cost of providing an awning. In addition, where weather protection is at least 4 ft. in width, an exception to this standard may be authorized. 3.27.50.05 - Landscaping and Screening LDC December 18, 20003.27-12 Landscaping and screening shall be required in accordance with Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting. The following additional standards apply to the MUE Zone: a. Street trees shall be required, consistent with Chapter 4.2. Species should be compatible with the design features identified in section 3.27.50.07, and shall provide continuity with nearby landscaping. A reduction in the number of required street trees may be granted when a development preserves healthy, mature tree(s) adjacent to the sidewalk. b. Screening of parking areas, driveways, mechanical equipment, and solid waste receptacles shall be provided and installed prior to building occupancy. Screening options include landscape plants, planters, ornamental walls, trellises, fences, or other features consistent with Chapter 4.2. c. Irrigation systems shall be installed to support landscaping. 3.27.50.06 - Street Connectivity and Internal Circulation a. For new structures and substantial improvements to existing development, an applicant may be required to provide street or driveway stubs and reciprocal access easements to promote efficient circulation between uses and properties, and to promote connectivity and dispersal of traffic. b. The maximum block perimeter shall be 1,800 ft., but in no case shall there be a distance of more than 400 ft. without a pedestrian walkway. Alternatives to this standard may be considered through the Planned Development process. c. Traffic lanes shall be internal to the site and not located between the building(s) and the sidewalk(s), except where drop-off facilities are provided (e.g., handicapped access). Such facilities shall be designed to meet Americans with Disabilities Act (ADA) requirements and provide for direct pedestrian circulation. 3.27.50.07 - Pedestrian Amenities a. All new structures and substantial improvements in the MUE Zone, with the exception of existing residential dwellings, shall provide pedestrian amenities. The number of pedestrian amenities provided shall comply with the following sliding scale. Size of Structure or Substantial Improvement Number of Amenities LDC December 18, 20003.27-13 < 25,000 sq. ft. 1 25,000 - 50,000 sq. ft. 2 > 50,000 sq. ft. 3 b. Acceptable pedestrian amenities include: 1. Sidewalks with ornamental treatments (e.g., brick pavers) or sidewalks that are 50 percent wider than required by this Code. 2. Benches and public outdoor seating. 3. Sidewalk planters. 4. Public art (e.g., sculpture, fountain, clock, mural, etc.) with a value equal to or greater than 1 percent of the construction value of the structure(s). 5. Pocket parks (minimum usable area of 300 sq. ft.). 6. Plazas (minimum usable area of 300 sq. ft.). 7. Street trees of a caliper 50 percent wider than required by this Code (may include preservation of healthy, mature trees adjacent to the street sidewalk). 8. Other improvements approved through the Lot Development Option or Planned Development process. 9. Additional weather protection in excess of the requirements of section 3.27.50.04. c. Pedestrian amenities shall comply with the following standards and guidelines: 1. Amenities should be visible and accessible to the general public from an improved street. Access to pocket parks, plazas, and sidewalks must be provided via a public right-of-way or a public access easement. 2. The size or capacity of pedestrian amenities should be roughly proportional to their expected use, including use by employees, customers, residents, and other visitors. The minimum area standards for pocket parks and plazas may be increased based on this guideline. LDC December 18, 20003.27-14 3. Amenities that are eligible for credit toward open space standards and adjustment to the maximum 20-ft. setback standard, include plazas, pocket parks, seating areas, and other areas that provide usable pedestrian space and street furniture. 4. Amenities should be consistent with the character and scale of the MUE area. For example, similarity in awning height, bench style, planter materials, street trees, and pavers is recommended to foster continuity in the design of pedestrian areas. Materials should be suitable for outdoor use, easily maintained, and have a reasonably long life cycle (e.g., 10 years before replacement). 5. When provided at or near a bus stop, amenities should generally conform to standards of the Corvallis Transit System. 3.27.50.08 - General Building Design Standards Mixed use zones require special attention to building design because of the intermixing of land uses in such areas. The following standards are intended to be specific and quantifiable, while allowing for flexibility in design. Additional flexibility is provided through the Planned Development and Lot Development Option review processes. This section provides both required and optional design elements. a. Minimum Requirements New structures and substantial improvements should provide architectural relief and interest, with emphasis at building entrances and along sidewalks, to promote and enhance a comfortable pedestrian scale and orientation. Blank walls shall be avoided when practicable by complying with the following minimum requirements: 1. Ground-floor windows shall be provided for civic and commercial use types. The main front elevation(s) of buildings shall provide at least 60 percent windows or transparency at the pedestrian level (on corner lots, this provision applies to two elevations). The transparency is measured in linear fashion (e.g., a 100-ft.-wide building facade shall have a total of at least 60 linear ft. of windows). 2. Ground-floor windows shall be provided for industrial use types. The main front elevation(s) of buildings shall provide at least 30 percent windows or transparency at the pedestrian level (on corner lots, this provision applies to two elevations). The transparency is measured in linear fashion (e.g., a 100-ft.-wide building facade shall have a total of at least 30 linear ft. of windows). LDC December 18, 20003.27-15 3. Ground-floor entrances shall include an offset (recesses, extensions or other breaks in elevation) of at least 8 ft. in depth and of sufficient width to easily discern the entrance location. 4. To break up vast expanses of single-element building elevations, building design shall include a combination of architectural elements and features such as offsets, windows, entry treatments, wood siding, brick, stucco, synthetic stucco (e.g., EIFS), textured concrete block, textured concrete, etc. 5. Provide differentiation between ground-level spaces and upper stories. For example, bays or balconies for upper levels and awnings, canopies, or other similar treatments for lower levels can provide differentiation. Variation in building materials, trim, paint, ornamentation, windows, or other features such as public art may also be used. Recognizing that other design solutions may be appropriate, a developer may propose alternatives for review and approval by the Director. 6. Ensure privacy in residential developments through effective window placement, sound-proofing, landscape screening, and/or orientation of outdoor living areas (e.g., balconies, porches, patios, etc.). Opposing windows at close distances should be offset horizontally or should employ appropriate materials (e.g., frost-glazed, tinted, etc.) to protect privacy. 7. Access shall be designed to minimize interference with traffic circulation. Where necessary, additional rights-of-way shall be dedicated to maintain adequate circulation. 3.27.50.09 - Neighborhood Compatibility a. Minimum Standards Adjacent to a Residential Zone 1. New building roof elevation(s) shall gradually step down so that the height of the proposed structure does not exceed the height(s) of adjacent residential structures(s) by more than one story. This provision applies to that portion of the structure closest (20 ft., minimum) to the adjacent residential structures. 2. New development adjacent to residential zones shall incorporate architectural characteristics compatible with residential development. Each new structure shall contain a minimum of at least two of the following elements: (a) Roofs with a minimum 4:12 pitch; LDC December 18, 20003.27-16 (b) Flat roofs with a cornice or other decorative treatment; (c) Horizontal wood lap siding, brick, stone, or other material that, at the discretion of the Director, is consistent with residential character; (d) Vertical breaks in roof elevation; and/or (e) Additional offsets in building elevation. 3. The site design shall preserve healthy, mature trees on the site to the maximum extent practicable. Trees likely to create a hazard for the development or adjacent properties may be removed, consistent with Chapter 4.2. 4. Artificial lighting shall be consistent with Chapter 4.2. Section 3.27.60 - VARIATIONS Variations from development and design standards (i.e., the standards in this chapter and in other chapters addressing parking, landscaping, public improvements, and pedestrian oriented design standards) may be achieved through the Planned Development and Lot Development Option processes outlined in chapters 2.5 and 2.12 of the Code. LDC December 18, 20003.30-1 CHAPTER 3.30 WILLAMETTE RIVER GREENWAY (WRG) ZONE OVERLAY Section 3.30.10 - PURPOSE The Willamette River Greenway Zone is an overlay zone that coincides with the adopted Greenway boundary and applies to all development permitted by the underlying zones. The objectives of this zone and this chapter are as follows: a. Protect, conserve, enhance, and maintain the natural, scenic, historical, economic, and recreational qualities of lands along the Willamette River; b. Maintain or improve air and water quality within the Greenway; c. Implement goals and policies of the State’s Willamette River Greenway Program as required by the Oregon Revised Statutes; d. Implement policies of the City’s Comprehensive Plan; e. Establish standards and requirements for the use of lands within the Willamette River Greenway in the City of Corvallis; f. Provide for review of any intensification of use, change of use, or development within the Greenway; g. Increase and maintain public access to and along the Willamette River to create urban recreational opportunities, provide linkages to other transportation corridors, and provide for multiple use of urban land; and h. Ensure development is consistent with floodwater flow mitigation and management of a natural resource. Section 3.30.20 - CONDITIONAL DEVELOPMENT Development within this zone, regardless of its classification in the underlying zone, requires Conditional Development approval in accordance with the provisions of Chapter 2.3 - Conditional Development. In addition to notification requirements of Chapter 2.0 - Public Hearings, written public notice and a notice of disposition shall be mailed to the Oregon Department of Parks and Recreation. "Development" as used in this section includes change of use or intensification of land or water uses except for those activities listed as exemptions in section 3.30.30 below. “Development" also includes proposed increases in air discharges that require permit approval by the Oregon Department of Environmental Quality (DEQ). LDC December 18, 20003.30-2 Section 3.30.30 - EXEMPTIONS The following development activities do not require Conditional Development approval: a. Customary dredging and channel maintenance conducted under permit from the State; b. Seasonal increases in gravel operations under permit from the State; c. Erosion control operations not requiring a permit from the Oregon Division of State Lands and that constitute a reasonable emergency necessary for safety or the protection of property. d. Scenic easements acquired under ORS 390.332 and their maintenance as authorized by that statute and ORS 390.368. e. Addition or modification by public utilities for existing utility lines, wires, fixtures, equipment, circuits, appliances, and conductors. f. Flood emergency procedures and the maintenance and repair of existing flood control facilities. g. Signs, markers, aids, and similar items, placed by a public agency to serve the public. h. Residential accessory development (excluding structures), such as lawns, gardens, and play areas outside of the Riparian Management Zone, as defined in Chapter 1.6 - Definitions. i. Storage of equipment or material associated with permitted uses, providing it complies with applicable provisions of this Code. j. Minor repairs or alterations to an existing structure for which no building permit is required. k. A change of use of a building or other structure that does not substantially alter or affect the land or water upon which it is situated. l. Landscaping. m. Construction of driveways. n. Maintenance and repair, usual and necessary for the continuance of an existing use. LDC December 18, 20003.30-3 o. Reasonable emergency procedures necessary for the safety or protection of property. p. Other activities similar to those listed in "a" through "o" above. The Director shall make such determinations and provide notice in accordance with Chapter 2.16 - Request for Interpretation. Section 3.30.40 - REVIEW CRITERIA Conditional Development within the Willamette Greenway Zone may be approved only when the Planning Commission, after considering cumulative effects within the City's Greenway, finds that: a. Public access to and along the river shall be provided to the maximum extent practicable and to the extent that public access does not interfere with established uses on the property. b. Significant fish and wildlife habitats shall be protected. c. Significant natural and scenic areas, viewpoints, and vistas shall be preserved. d. The quality of air, water, and land resources in the Greenway shall be protected to the maximum extent practicable. e. Areas of annual flooding, floodplains, and wetlands shall be protected in their natural state to the maximum extent practicable to maintain their natural, physical, and biological functions. f. The natural vegetative fringe along the river shall be protected and enhanced to the maximum extent practicable to ensure scenic quality, protection of wildlife, protection from erosion, and screening of uses from the river. g. Any public recreational use or facility shall not substantially interfere with established uses on adjoining property. h. Maintenance of public safety and protection of public and private property, especially from vandalism and trespass, shall be provided to the maximum extent practicable. i. Extraction of aggregate deposits shall be conducted in a manner designed to minimize adverse effects on water quality, fish and wildlife, vegetation, bank stabilization, stream flow, visual quality, noise, and safety, and to guarantee necessary reclamation. j. Development, change, or intensification of use shall provide the maximum possible landscaped area, open space, or vegetation between the activity and the river. LDC December 18, 20003.30-4 k. Development shall be sited to maximize distance from the river to the greatest extent practicable. l. In applying "a" through "k" above to development proposals within the Willamette River Greenway, consideration should be given to the Corvallis 2020 Vision Statement, Comprehensive Plan, Downtown Streetscape Plan, Riverfront Commemorative Park Plan, and other applicable City documents. However, where conflicts arise, direction must be taken from the Corvallis Comprehensive Plan and this Code. Section 3.30.50 - DEVELOPMENT STANDARDS Proposed development within the Willamette Greenway Zone shall comply with the following standards, except as provided below. a. Site Modifications 1. Except as provided in section 3.30.30 above, existing predominant topographical features of the bank line and escarpment shall be protected and maintained. 2. Disturbance necessary for construction or establishment of a water-related or water-dependent use, as defined in Chapter 1.6 - Definitions, and measures necessary to reduce existing or potential bank and escarpment erosion, landslides, or flood hazard conditions may be permitted upon approval by the Director. 3. Stability shall be assured considering the stress imposed on the bank and land area between the low water mark of the river and top of the bank. 4. The hydraulic and flood carrying capacity of the river and the hydraulic effect of the river on the bank shall be considered and steps taken to ensure minimal adverse effects by and upon the proposal. 5. The applicant shall establish, to the satisfaction of the Planning Commission, that steps have been taken to minimize the effects of the proposal on the Riparian Management Zone, as defined in Chapter 1.6. 6. If applicable, the applicant shall submit certification by a registered professional engineer that the standards specified in “2" and “3" above have been met. Where necessary to properly evaluate a proposal, an applicant may be required to furnish further studies such as a soils survey and analysis, foundation study, or hydrologic study performed by competent professionals. b. Riparian Vegetation - Vegetative ground cover and trees upon the site shall be protected, conserved, and maintained according to the following provisions: LDC December 18, 20003.30-5 1. Riparian vegetation removed during development shall be replaced with indigenous (native) species that are compatible with and enhance the riparian environment. 2. Trees of 8-in. or greater diameter measured at a height of 4 ft. above grade shall not be removed in the Riparian Management Zone except as follows: (a) Where necessary as approved by the Planning Commission to accommodate a water-related or water-dependent use; or (b) Where the tree(s) are deemed hazardous by the Park and Recreation Services Manager. 3. Plans for removal and replacement of riparian vegetation shall be submitted to and approved by the Director prior to any excavation, grading, or construction. c. Landscaping - In addition to any landscaping requirements in the underlying zone, the following provisions shall apply: 1. All areas of the site within the WRG Zone shall be landscaped, except the following: (a) Areas covered by a structure, parking, driveways or other permitted use; (b) Areas requiring stabilization methods other than landscaping. Such stabilization shall be designed to not contribute to future instability of the bank, both on the site and on adjacent properties; and (c) Areas maintained in natural vegetation. 2. Required landscaped areas shall be continuously maintained, irrigated with permanent facilities sufficient to maintain the plant material, and covered by living plant material capable of attaining 90 percent ground coverage within three years. Landscaping and lighting shall be in accordance with Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting. 3. Living plant materials shall be compatible with and enhance the riparian environment. d. Structures - All buildings and structures, including supporting members, and all exterior mechanical equipment shall be screened, colored, or surfaced to blend with the riparian environment. Surfaces shall be nonreflective. LDC December 18, 20003.30-6 e. Signs and Graphics - In addition to compliance with applicable provisions relating to signs and graphics in Chapter 4.7 - Sign Regulations, no sign or graphic display inconsistent with the purposes of the Greenway shall have a display surface oriented toward or visible from the Willamette River. f. Parking and Unenclosed Storage Areas 1. Parking, loading, and unenclosed storage areas located within the WRG Zone shall be screened from the river to the extent practicable in accordance with Chapter 4.1 - Parking, Loading, and Access Requirements and Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting. 2. Parking, loading, and unenclosed storage areas located outside of but adjacent to the WRG Zone shall be screened from such zone to the extent practicable. g. Greenway Setback Minimum building setback distances from the ordinary high water line of the Willamette River as are follows: 1. Lands in the WRG Zone from the northern City limits to the southern edge of 777 NE Second Street (Assessor Map No. 11-5-35AD, Tax Lot 3000) - 20 ft. westerly from top of bank 2. Lands in the WRG Zone from the southern edge of 777 NE Second Street (Assessor Map No. 11-5-35AD, Tax Lot 3000) to Harrison Street - 50 ft. 3. Lands in the WRG Zone between Harrison Street and "B" Street, at the top of the river bank including the existing bikepath - a landscaping strip sufficient to separate the bikepath is required 4. Lands in the WRG south of "B" Street to the southerly City limits - 100 ft. Setback distances do not apply to water-dependent uses that require a river bank location or water-related uses that require direct access to the river. LDC December 18, 20003.31-1 CHAPTER 3.31 HISTORIC PRESERVATION OVERLAY (HPO) ZONE Section 3.31.10 - PURPOSE The Historic Preservation Overlay (HPO) applies to all structures and sites listed on the Corvallis Register of Historic Landmarks and Districts. The procedural provisions implementing this chapter are located in Article II - Administrative Procedures. The HPO Zone is intended to do the following: a. Implement, through Chapter 2.9 - Historic Preservation Provisions, the historic and cultural resource policies of the Comprehensive Plan; and b. Encourage preservation, rehabilitation, and adaptive use of sites and structures that are indicative of Corvallis' history and architectural and cultural heritage. Section 3.31.20 - PERMITTED USES Uses permitted in the HPO Zone shall be the same as uses permitted in the underlying zone. Section 3.31.30 - IMPLEMENTATION Chapter 2.9 - Historic Preservation Provisions contains procedural requirements for the following: a. Section 2.9.30 - Procedures for Establishment of a Historic Preservation Overlay Zone Designation b. Section 2.9.40 - Procedures for Alteration of a Historic Resource and Construction of New Structures of 120 Sq. Ft. or Less; and c. Section 2.9.50 - Procedures for New Construction Over 120 Sq. Ft. d. Section 2.9.70 - Procedures for Demolition or Moving a Historic Structure; e. Section 2.9.60 - Procedures for Removing a Historic Overlay Zone; LDC December 18, 20003.32-1 CHAPTER 3.32 PLANNED DEVELOPMENT (PD) ZONE OVERLAY Section 3.32.10 - PURPOSE The Planned Development (PD) Zone overlay can be applied in conjunction with any other zone. Property with a PD zoning designation shall be developed in accordance with the provisions of Chapter 2.5 - Planned Development. The PD Zone overlay is intended to do the following: a. Promote flexibility in design and permit diversification in location of structures; b. Promote efficient use of land and energy and facilitate a more economical arrangement of buildings, circulation systems, land uses, and utilities; c. Preserve, to the greatest extent possible, existing landscape features and amenities, and use such features in a harmonious fashion; d. Provide for more usable and suitably located recreation facilities and other public and common facilities than would otherwise be provided under conventional land development procedures; e. Combine and coordinate architectural styles, building forms, and building relationships within the Planned Development; f. Provide the applicant with reasonable assurance of ultimate approval before expenditure of complete design monies, while providing the City with assurances that the project will retain the character envisioned at the time of approval; g. Promote and encourage energy conservation; and h. Provide greater compatibility with surrounding land uses than what may occur with a conventional project. Section 3.32.20 - PERMITTED USES Permitted uses consist of any uses listed in the underlying zone and approved as part of a Conceptual and Detailed Development Plan, in accordance with Chapter 2.5 - Planned Development. LDC December 18, 20003.32-2 Section 3.32.30 - IMPLEMENTATION Property may be designated with a PD Zone overlay in any of the following ways: a. With approval of a Conceptual Development Plan in accordance with Chapter 2.5 - Planned Development; b. Upon annexation in accordance with Chapter 2.6 - Annexations; c. In conjunction with a Comprehensive Plan Map change in accordance with Chapter 2.1 - Comprehensive Plan Amendment Procedures; or d. In conjunction with a zone map change in accordance with Chapter 2.2 - Zone Changes. Section 3.32.40 - INITIATION A PD Zone overlay may be initiated in any of the following ways: a. An application filed by a property owner for a Planned Development in accordance with Chapter 2.5 - Planned Development; or b. By the hearing authority in conjunction with an annexation, Comprehensive Plan Map amendment, or Official Zoning Map change when the hearing authority finds the applicable zone standards are not adequate to do any of the following: 1. Address circulation or other common facilities issues; 2. Resolve issues related to an unusual site configuration, steep topography, or significant natural feature; 3. Ensure comprehensive planning and coordinated development where the property is large and/or has mixed uses; or 4. Address compatibility issues where desirable to locate more intensive land uses next to less intensive residential land uses. LDC December 18, 20003.36-1 CHAPTER 3.36 OREGON STATE UNIVERSITY (OSU) ZONE Section 3.36.10 - PURPOSE This zone implements Comprehensive Plan policies that encourage coordination between the University and City in planning and review of campus development. Coordination with campus development is essential due to the physical size of the University and its related effects on City facilities and services. This zone provides a process for timely review of such mutual concerns as parking, access to campus, location and size of buildings, availability of campus-oriented housing, and public utilities. Not all property in this zone is owned by the University, but has been identified as land needed for future expansion. The OSU Zone is intended to do the following: a. Facilitate University development; b. Ensure compatibility of OSU development with surrounding areas; c. Ensure adequacy of public utilities and transportation facilities; and d. Expedite the development review process. Section 3.36.20 - GENERAL PROVISIONS In conjunction with this zone, a Physical Development Plan for campus development was originally adopted in 1986 and has been revised periodically by the University. Major revisions to this plan are required to be submitted for review and approval by the City in accordance with the Conceptual Development Plan review procedures in Chapter 2.5 - Planned Development. The Physical Development Plan must be compatible with Comprehensive Plan policies and responsive to the unique requirements of the proposed use and its relationship with and effects on the surrounding community. The Conceptual Development Plan process facilitates a comprehensive approach of possible benefits and effects of University development rather than project-by-project review. Any major modification in the Physical Development Plan, as defined in Chapter 2.5, requires a public hearing before the Planning Commission in accordance with Chapter 2.0 - Public Hearings. At the discretion of the University, a Conceptual Development Plan may be submitted prior to a Detailed Development Plan to establish land use approval. Minor changes may be approved, conditionally approved, or denied by the Director. Notice shall be provided in accordance with Chapter 2.16 - Request for Interpretation, if the site is within 300 ft. of the OSU boundary. Appeals of a Director's decision may be filed in accordance with Chapter 2.19 - Appeals. LDC December 18, 20003.36-2 Section 3.36.30 - PERMITTED USES 3.36.30.01 - Ministerial Development a. Primary Uses Permitted Outright 1. Residential Use Types (a) Family (b) Group Residential (c) Group Residential/Group Care (d) Residential Care Facilities (e) Fraternities and Sororities 2. Residential Building Types (a) Single Detached (b) Single Detached (Zero Lot Line) (c) Duplex (d) Single Attached (Zero Lot Line, 2 Units) (e) Attached (Townhouse) (f) Multi-Dwelling 3. Civic Use Types (a) Administrative Services (b) Community Recreation (c) Cultural Exhibits and Library Services (d) Lodge, Fraternal, and Civic Assembly (e) Parking Services (f) Public Safety Services LDC December 18, 20003.36-3 (g) Religious Assembly (h) University Services and Facilities (i) Freestanding wireless telecommunication facilities up to 60 ft. in height, subject to the standards in Chapter 4.9 - Additional Provisions. 4. Commercial Use Types (a) Communication Services (b) Professional/Administrative Services (c) Research Services (d) Temporary Outdoor Sales (e) Commercial facilities and services of a scale that serves the immediate needs of students, faculty, university staff, and/or research-related functions of the University 5. Industrial Use Types (a) Technological Production b. Accessory Uses Permitted Outright 1. Essential Services 2. Day Care, Family, as defined in Chapter 1.6 3. Home Business, as defined in Chapter 1.6 4. Major Services and Utilities 5. Minor Utilities, subject to standards in Chapter 4.9 - Additional Provisions 6. Other development customarily incidental to the primary use in accordance with Chapter 4.3 - Accessory Development Regulations. 7. Colocated/attached wireless telecommunication facilities on multi- family (three or more stories) residential structures that do not increase the height of the existing structures by more than 17 ft. for LDC December 18, 20003.36-4 whip antennas, including mounting, or by 10 ft. for all other antennas, subject to the standards in Chapter 4.9 - Additional Provisions. 8. Colocated/attached wireless telecommunication facilities on nonresidential structures that do not increase the height of the existing structures by more than 17 ft. for whip antennas, including mounting, or by 10 ft. for all other antennas, subject to the standards in Chapter 4.9. 3.36.30.02 - Special Development a. Conditional Development - Subject to review in accordance with Chapter 2.3 - Conditional Development and all other applicable provisions of this Code. 1. Uses that require a State or Federal air quality discharge permit (except for parking). 2. Traffic and/or parking consequences of any proposed development. The proposed development itself shall not be the subject of the public hearing if consistent with the Physical Development Plan and if it complies with the standards of the OSU Zone. Following the close of the public hearing and depending on whether the University has adequately addressed traffic and parking impacts, the Planning Commission shall approve, conditionally approve or deny the proposed traffic and parking aspects of the development. Satisfactory resolution of any denial through additional public hearing process(es) shall be accomplished prior to occupancy of the development. 3. Freestanding wireless telecommunication facilities greater than 75 ft. in height, subject to the standards in Chapter 4.9 - Additional Provisions. 4. Freestanding wireless telecommunication facilities that do not meet the setback or spacing standard requirements of sections 4.9.60.02.b and 4.9.60.02.c in Chapter 4.9. 5. Colocated/attached wireless telecommunication facilities on multi- family (three or more stories) residential structures that increase the height of the existing structures by more than 17 ft. for whip antennas, including mounting, or by 10 ft. for all other antennas, subject to the standards in Chapter 4.9. LDC December 18, 20003.36-5 6. Colocated/attached wireless telecommunication facilities on nonresidential structures that increase the height of the existing structures by more than 17 ft. for whip antennas, including mounting, or by 10 ft. for all other antennas, subject to the standards in Chapter 4.9. 3.36.30.03 - General Development a. Plan Compatibility Review - Subject to review in accordance with Chapter 2.13 - Plan Compatibility Review and other applicable provisions of this Code. 1. Freestanding wireless telecommunication facilities 61- to 75-ft. in height, subject to the standards in Chapter 4.9 - Additional Provisions. 2. Projections such as chimneys, spires, domes, towers, and flagpoles not used for human occupancy and exceeding 20 ft. above the height of the structure or 70 ft. in height, whichever is less, in accordance with section 4.9.50 of Chapter 4.9 - Additional Provisions. Section 3.36.40 - DEVELOPMENT STANDARDS 3.36.40.01 - Residential Use Standards Residential building types shall be developed in accordance with the standards in Chapter 3.8 - High Density (RS-20) Zone and Chapter 3.9 - Mixed Use Residential (MUR) Zone. 3.36.40.02 - Civic and Commercial Use Standards a. Setbacks for Structures 1. Private streets - Minimum setback shall be 50 ft. from the centerline; 2. Along public streets, average setback from a property line shall be 60 ft. with a minimum setback of 40 ft.; and 3. Structures within 400 ft. of the zone boundary shall have a minimum setback from a property line twice the height of the structure, except when abutting a public street. b. Maximum building height for structures within 400 ft. of the zone boundary shall be 60 ft. Other structures within the main campus shall be limited to a maximum height of 112 ft. LDC December 18, 20003.36-6 c. Each use, activity, or operation shall comply with applicable State and Federal standards and not create a nuisance because of odor, noise, vibration, dust, smoke, or gas. d. Artificial lighting shall be arranged and constructed to not produce direct glare on adjacent residential properties or otherwise interfere with the use and enjoyment of adjacent properties. e. Off-street parking, loading, and access requirements shall be provided in accordance with Chapter 4.1 - Parking, Loading, and Access Requirements, except where modified by the Physical Development Plan. f. Street trees shall be provided in accordance with Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting. g. Mechanical equipment, outdoor storage areas, trash receptacles, and parking lots shall be screened from view from public places and neighboring properties through the use of features such as berms, fences, facades, and dense landscaping in accordance with Chapter 4.2. h. Long expanses of fences along public streets shall include offsets, landscaping, and change in materials to prevent visual monotony. Section 3.36.50 - VARIATIONS Variations from development and design standards (i.e., the standards in this chapter and in other chapters addressing parking, landscaping, public improvements, and pedestrian oriented design standards) may be achieved through the Planned Development and Lot Development Option processes outlined in chapters 2.5 and 2.12 of the Code. LDC December 18, 20003.37-1 CHAPTER 3.37 AGRICULTURE-OPEN SPACE (AG-OS) ZONE Section 3.37.10 - PURPOSE This zone is intended to recognize areas within the City suitable for agricultural research use and for uses compatible with agricultural and horticultural research use types. The characteristics of such use types typically result in preservation of large open space areas. Residential uses are accessory to the primary uses. Section 3.37.20 - PERMITTED USES 3.37.20.01 - Ministerial Development ** Asterisks indicate uses not allowed within properties having a Comprehensive Plan Map designation of Open Space-Conservation. There are a limited number of outright permitted uses within properties having a Comprehensive Plan Map designation of Open Space-Conservation. a. Primary Uses Permitted Outright 1. Civic Use Types (a) Freestanding wireless telecommunication facilities up to 60 ft. in height, subject to the standards in Chapter 4.9 - Additional Provisions** 2. Agriculture Use Types (a) Animal Husbandry** (b) Aquaculture** (c) Horticulture, Cultivation, and Storage**except as in “2" below 1. With ability to add buildings** 2. Without ability to add buildings (d) Research Facilities and Services related to the above use types**except as in “2" below 1. With ability to add buildings** 2. Without ability to add buildings LDC December 18, 20003.37-2 (e) Row Field Crops**except as in “2" below 1. With ability to add buildings** 2. Without ability to add buildings (f) Tree Crops**except as in “2" below 1. With ability to add buildings** 2. Without ability to add buildings b. Accessory Uses Permitted Outright 1. Animal Sales, Services - Veterinary** 2. Animal Waste Processing** 3. Packing and Processing - Limited** 4. Essential Services 5. Required off-street parking for uses permitted in this zone in accordance with Chapter 4.1 - Parking, Loading, and Access Requirements 6. Other development customarily incidental to the primary use in accordance with Chapter 4.3 - Accessory Development Regulations 7. Colocated/attached wireless telecommunication facilities on multi- family (three or more stories) residential structures that do not increase the height of the existing structures by more than 17 ft. for whip antennas, including mounting, or by 10 ft. for all other antennas, subject to the standards in Chapter 4.9 - Additional Provisions 8. Colocated/attached wireless telecommunication facilities on nonresidential structures that do not increase the height of the existing structures by more than 17 ft. for whip antennas, including mounting, or by 10 ft. for all other antennas, subject to the standards in Chapter 4.9 3.37.20.02 - Special Development ** Asterisks indicate uses not allowed within properties having a Comprehensive Plan Map designation of Open Space-Conservation. LDC December 18, 20003.37-3 a. Conditional Development - Subject to review in accordance with Chapter 2.3 - Conditional Development. 1. Commercial Use Types (a) Animal Sales and Services** 1. Horse Stables 2. Kennels 3. Stockyards 4. Veterinary (b) Lodging Services - Campground (Willamette Park only) 2. Agriculture Use Types (a) Packing and Processing, General** (b) Horticulture, Cultivation, and Storage, on lands with Comprehensive Plan Map designation of Open Space- Conservation, and with the ability to add buildings (c) Research Facilities and Services related to the above use types, on lands with Comprehensive Plan Map designation of Open Space-Conservation, and with the ability to add buildings (d) Row Field Crops, on lands with Comprehensive Plan Map designation of Open Space-Conservation, and with the ability to add buildings (e) Tree Crops, on lands with Comprehensive Plan Map designation of Open Space-Conservation, and with the ability to add buildings 3. Civic Use Types (a) Community Recreation (public parks only) (b) Freestanding wireless telecommunication facilities, subject to the standards in Chapter 4.9 - Additional Provisions LDC December 18, 20003.37-4 (c) Freestanding wireless telecommunication facilities that do not meet the setback or spacing standard requirements of sections 4.9.60.02.b and 4.9.60.02.c in Chapter 4.9 (d) Colocated/attached wireless telecommunication facilities on multi-family (three or more stories) residential structures that increase the height of the existing structures by more than 17 ft. for whip antennas, including mounting, or by 10 ft. for all other antennas, subject to the standards in Chapter 4.9 (e) Colocated/attached wireless telecommunication facilities on nonresidential structures that increase the height of the existing structures by more than 17 ft. for whip antennas, including mounting, or by 10 ft. for all other antennas, subject to the standards in Chapter 4.9 (f) Participant Sports and Recreation - Outdoor 3.37.20.03 - General Development a. Plan Compatibility Review - Subject to review in accordance with Chapter 2.13 - Plan Compatibility Review and other applicable provisions of this Code. 1. Civic Use Types (a) Accessory Dwelling Units subject to Chapter 4.3 - Accessory Development Regulations (b) Major Utilities (c) Minor Utilities subject to Chapter 4.9 - Additional Provisions (d) Projections such as chimneys, spires, domes, towers, and flagpoles not used for human occupancy and exceeding 75 ft. in height, in accordance with section 4.9.50 of Chapter 4.9, except adjacent to an RS-3.5, RS-5, RS-6, RS-9, or RS-9(U) zone where the threshold is 20 ft. above the height of the structure or 75 ft. in height, whichever is less. (e) Freestanding wireless telecommunication facilities 61- to 75- ft. in height, subject to the standards in Chapter 4.9, unless prohibited by restrictions on public lands. 2. Agricultural Use Types LDC December 18, 20003.37-5 (a) Horticulture, Cultivation, and Storage, on lands with Comprehensive Plan Map designation of Open Space- Conservation, and without the ability to add buildings (b) Research Facilities and Services related to the above use types, on lands with Comprehensive Plan Map designation of Open Space-Conservation, and without the ability to add buildings (c) Row Field Crops, on lands with Comprehensive Plan Map designation of Open Space-Conservation, and without the ability to add buildings (d) Tree Crops, on lands with Comprehensive Plan Map designation of Open Space-Conservation, and without the ability to add buildings Section 3.37.30 - PERFORMANCE STANDARDS Each use, activity, or operation within this zone shall comply with applicable local nuisance and animal control ordinances and State and Federal standards. Section 3.37.40 - SETBACKS The following minimum setbacks shall apply to all structures other than fences or walls in the AG-OS Zone. a. Boundary Area - A setback of not less than 25 ft. shall be provided along each AG- OS Zone boundary line abutting any residential zone. b. Along Streets - The following minimum setbacks shall apply: 1. Arterial streets - 100 ft. 2. Collector streets - 70 ft. 3. All other streets - 25 ft. Section 3.37.50 - SPECIAL BUFFERING When residential development is proposed next to AG-OS land being used for a use type marked with asterisks in section 3.27.20, a minimum 50-ft.-wide continuous plant or plant/berm buffer is required. The responsibility of providing such a buffer shall be that of the applicant of the proposed new development, whether for residential or agriculture uses. LDC December 18, 20003.37-6 Additionally, a minimum building setback of 100 ft. shall be maintained adjacent to AG-OS lands being used for a use type marked with asterisks as noted in section 3.27.20. Roads may be located within this 100-ft. setback area, provided the minimum 50-ft.-wide required plant or plant/berm buffer is provided between the road and adjacent AG-OS use(s). Section 3.37.60 - VARIATIONS Variations from development and design standards (i.e., the standards in this chapter and in other chapters addressing parking, landscaping, public improvements, and pedestrian oriented design standards) may be achieved through the Planned Development and Lot Development Option processes outlined in chapters 2.5 and 2.12 of the Code. LDC December 18, 20004.0-1 CHAPTER 4.0 IMPROVEMENTS REQUIRED WITH DEVELOPMENT Section 4.0.10 - PURPOSES This chapter provides general information regarding improvements required with development. It is intended to clarify timing, extent, and standards for improvements. In addition to the standards in this chapter, standards for specific situations are contained in chapters 4.1 through 4.10. Finally, improvements required with development shall meet construction specification standards established by the City Engineer and amended over time. Section 4.0.20 - TIMING OF IMPROVEMENTS a. All improvements required by the standards in this chapter shall be installed concurrently with development, as follows: 1. Where a land division is proposed, each proposed lot shall have required public and franchise utility improvements installed or secured prior to approval of the final plat, in accordance with the provisions of sections 2.4.40.08 of Chapter 2.4 - Subdivisions and Major Replats. 2. Where a land division is not proposed, the site shall have required public and franchise utility improvements installed or secured prior to occupancy of structures, in accordance with the provisions of section 2.4.40.08 of Chapter 2.4. b. Where specific approval for a phasing plan has been granted for a planned development and/or subdivision, improvements shall be phased in accordance with that plan. Section 4.0.30 - PEDESTRIAN REQUIREMENTS a. Sidewalks shall be required along both sides of all streets, as follows: 1. Sidewalks shall be a minimum of 5 ft. wide on local, local connector, and cul- de-sac streets. The sidewalks shall be separated from curbs by a tree planting area that provides at least 6 ft. of separation between the sidewalk and curb. 2. Sidewalks along arterial, collector, and neighborhood collector streets shall be separated from curbs by a planted area. The planted area shall be a minimum of 12 ft. wide and landscaped with trees and plant materials approved by the City. The sidewalks shall be a minimum of 6 ft. wide along arterial highways and 5 ft. wide along arterial, collector, and neighborhood collector streets. LDC December 18, 20004.0-2 3. The timing of the installation of sidewalks shall be as follows: (a) Sidewalks and planted areas along arterial, collector, and neighborhood collector streets shall be installed with street improvements. (b) Except as noted in “(c)” below, construction of sidewalks along local, local connector, and cul-de-sac streets may be deferred until development of the site and reviewed as a component of the building permit. However, in no case shall construction of the sidewalks be completed later than three years from the recording of the final plat. The obligation to complete sidewalk construction within three years will be outlined in a deed restriction on affected parcels and recorded concurrently with the final plat. (c) Where sidewalks on local, local connector, and cul-de-sac streets abut common areas, drainageways, or other publicly owned areas, or where offsite local, local connector, and cul-de-sac street extensions are required and sufficient right-of-way exists, the sidewalks and planted areas shall be installed with street improvements. b. Safe and convenient pedestrian facilities that minimize travel distance to the greatest extent practicable shall be provided in conjunction with new development within and between new subdivisions, planned developments, commercial developments, industrial areas, residential areas, transit stops, and neighborhood activity centers such as schools and parks, as follows: 1. For the purposes of this section, "safe and convenient" means pedestrian facilities that are free from hazards and that provide a direct route of travel between destinations. 2. Pedestrian rights-of-way connecting cul-de-sacs or passing through unusually long or oddly shaped blocks shall be a minimum of 15 ft. wide. When these connections are less than 220 ft. long (measuring both the onsite and the offsite portions of the path) or when they directly serve 10 or fewer onsite dwellings, the paved improvement shall be no less than 5 ft. wide. Connections that are either longer than 220 ft. or serve more than 10 onsite dwellings shall have wider paving widths as specified in section 4.0.40.c. Maintenance of the paved improvement shall be the responsibility of adjacent property owners. Additionally, a minimum of 5 ft. of landscaping shall be provided on either side of these pedestrian facilities, in accordance with Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting. Maintenance of the landscaping shall also be the responsibility of adjacent property owners. LDC December 18, 20004.0-3 3. Internal pedestrian circulation shall be encouraged in new developments by clustering buildings, constructing convenient pedestrian ways, and/or constructing skywalks where appropriate. Pedestrian walkways shall be provided in accordance with the following standards: (a) To maximize direct pedestrian travel, the onsite pedestrian circulation system shall connect the sidewalk on each abutting street to the main entrance of the primary structure on the site. (b) Walkways shall be provided to connect the onsite pedestrian circulation system with existing or planned pedestrian facilities that abut the site but are not adjacent to the streets abutting the site. When sidewalks or multi-use paths are provided, such as occurs through cul-de-sacs or to provide pedestrian connections through areas where vehicles cannot travel, these facilities shall be bordered on both sides by a minimum of 5 ft. of landscaping. Additionally, solid fencing shall be limited to a maximum height of 4 ft. along these areas to increase visibility and public safety. Portions of fences above 4 ft. in height are allowed, provided they are designed and constructed of materials that are open a minimum of 50 percent. (c) Walkways shall be as direct as possible and avoid unnecessary meandering. (d) Walkway/driveway crossings shall be minimized, and internal parking lot circulation design shall maintain ease of access for pedestrians from abutting streets, pedestrian facilities, and transit stops. (e) With the exception of walkway/driveway crossings, walkways shall be separated from vehicle parking or maneuvering areas by grade, different paving material, or landscaping. They shall be constructed in accordance with the sidewalk standards adopted by the City Engineer. (This provision does not require a separated walkway system to collect drivers and passengers from cars that have parked onsite unless an unusual parking lot hazard exists). c. Where a development site is traversed by or adjacent to a future trail linkage identified within either the Corvallis Transportation Plan or the Trails Master Plan, improvement of the trail linkage shall occur concurrently with development. Dedication of the trail to the City shall be provided in accordance with section 4.0.100.d. d. To provide for orderly development of an effective pedestrian network, pedestrian facilities installed concurrently with development of a site shall be extended through the site to the edge of adjacent property(ies). LDC December 18, 20004.0-4 e. To ensure improved access between a development site and an existing developed facility such as a commercial center, school, park, or trail system, the Planning Commission or Director may require offsite pedestrian facility improvements concurrently with development. Section 4.0.40 - BICYCLE REQUIREMENTS a. On-street bike lanes shall be required on all arterial, collector, and neighborhood collector streets and constructed at the time of street improvements. b. Safe and convenient bicycle facilities that minimize travel distance to the greatest extent practicable shall be provided in conjunction with new development within and between new subdivisions, planned developments, commercial developments, industrial areas, residential areas, transit stops, and neighborhood activity centers such as schools and parks, as follows: 1. For the purposes of this section, "safe and convenient" means bicycle facilities that are free from hazards and that provide a direct route of travel between destinations. 2. Bicycle/pedestrian rights-of-way connecting cul-de-sacs or passing through unusually long or oddly shaped blocks shall be a minimum of 15 ft. wide. Maintenance of the paved improvement shall be the responsibility of adjacent property owners. Additionally, a minimum of 5 ft. of landscaping shall be provided on either side of these bicycle/pedestrian facilities, in accordance with Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting. Maintenance of the landscaping shall also be the responsibility of adjacent property owners. c. Adequate widths for bicycle/pedestrian facilities shall be provided in accordance with the following standards: 1. Where long-term bicycle and pedestrian usage is expected to be relatively low (such as in a neighborhood vs. community-wide facility), multi-use paths shall be 8 ft. wide and aligned to ensure adequate sight distance. 2. The standard width for two-way multi-use paths shall be 10 ft. 3. In areas with projected high bicycle volumes or multiple use by bicyclists, pedestrians, and joggers, multi-use paths shall be 12 ft. wide. d. To provide for orderly development of an effective bicycle network, bicycle facilities installed concurrently with development of a site shall be extended through the site to the edge of adjacent property(ies). Section 4.0.50 - TRANSIT REQUIREMENTS LDC December 18, 20004.0-5 a. Development sites located along existing or planned transit routes shall, where appropriate, incorporate bus pull-outs and shelters into the site design. These improvements shall be installed in accordance with the guidelines and standards of the Corvallis Transit System. b. Development sites at or near existing or planned transit stops shall provide safe, convenient access to the transit system, as follows: 1. All commercial and civic use developments shall provide a prominent entrance oriented toward arterial, collector, and neighborhood collector streets, with front setbacks reduced as much as possible to provide access for pedestrians, bicycles, and transit. 2. All developments shall provide safe, convenient pedestrian walkways between the buildings and the transit stop, in accordance with the provisions of section 4.0.30.b. Section 4.0.60 - PUBLIC AND PRIVATE STREET REQUIREMENTS a. Traffic evaluations shall be required of all development proposals in accordance with the following: 1. The traffic evaluation shall be submitted to the City Engineer for review and shall be prepared by a licensed transportation engineer. The proposed evaluation shall reflect the magnitude of the project in accordance with accepted traffic engineering practices. The applicant shall complete the evaluation and present the results with an overall site development proposal. 2. If the traffic evaluation identifies level-of-service conditions less than the minimum standard established in the Corvallis Transportation Plan, improvements and funding strategies mitigating the problem shall be considered concurrently with a development proposal. b. Location of new arterial, collector, and neighborhood collector streets shall conform to the Corvallis Transportation Plan. c. Although through-traffic movement on new local connector and local streets usually is discouraged, this may not be practical for particular neighborhoods. Local connector or local street designations shall be applied in newly developing areas based on review of a street network plan and, in some cases, a traffic study provided with the development application. The decision regarding which of these designations will be applied is based on a number of factors, including density of development, anticipated traffic volumes, and the potential for through traffic. Street network plans must provide for connectivity within the transportation system to the extent that, generally, both local connector and local streets will be created LDC December 18, 20004.0-6 within a development. Identified traffic calming techniques (bulbed intersections, etc.) can reduce traffic speeds and, where included, are to be constructed at the time of development. To further address traffic speeds and volumes on local connector and local streets, the following street designs, along with other designs intended to reduce traffic speeds and volumes, shall be considered: 1. Straight segments of local connector and local streets should be less than 1/4-mile in length, and include design features such as curves and "T" intersections. 2. Cul-de-sacs should not exceed 600 ft. nor serve more than 18 dwelling units. 3. Street designs that include traffic calming, where appropriate, are encouraged. d. Private streets, though discouraged in conjunction with land divisions, may be considered within a development site provided all the following conditions are met: 1. Extension of a public street through the development site is not needed for continuation of the existing street network or for future service to adjacent properties; 2. The development site remains in one ownership, or adequate mechanisms are established (e.g., a homeowners' association with the authority to enforce payment) to ensure that a private street installed with a land division will be adequately maintained; 3. Where a private street is installed in conjunction with a land division, development standards (including paving standards) consistent with City standards for public streets shall be used to protect the interests of future homeowners; and 4. The private street is located within a separate tract. e. Development sites shall be provided with access from a public street or a private street that meets the criteria in “d” above, both improved to City standards in accordance with the following: 1. Where a development site abuts an existing public street not improved to City standards, the abutting street shall be improved to City standards along the full frontage of the property concurrently with development. Where a development site abuts an existing private street not improved to City standards, and the private street is allowed per the criteria in “d” above, the abutting street shall meet all the criteria in “d” above and be improved to City standards along the full frontage of the property concurrently with development. LDC December 18, 20004.0-7 2. Half-width street improvements, as opposed to full-width improvements, are generally not acceptable. However, these may be approved by the Planning Commission or Director where essential to the reasonable development of the property. Approval for half-width street improvements may be allowed when other standards required for street improvements are met and when the Planning Commission or the Director finds that it will be possible to obtain the dedication and/or improvement of the remainder of the street when property on the other side of the half-width street is developed. 3. To ensure improved access to a development site consistent with policies on orderly urbanization and extension of public facilities, the Planning Commission or Director may require offsite street improvements concurrently with development. f. To provide for the orderly development of adjacent properties, public streets and private streets that meet all the criteria in “d” above shall be installed concurrently with development of a site and shall be extended through the site to the edge of the adjacent property(ies) in accordance with the following: 1. Temporary dead ends created by this requirement may be installed without turn-arounds, subject to the approval of the Fire Marshal. 2. Drainage facilities shall be provided to properly manage stormwater runoff from temporary dead ends. g. The Planning Commission or Director may require the extension of public and private street improvements through a development site to provide for the logical extension of an existing street network or to connect a site with a nearby neighborhood activity center, such as a school or park. Where this creates a land division incidental to the development, a land partition shall be completed concurrently with the development, in accordance with Chapter 2.14 - Partitions, Minor Replats, and Lot Line Adjustments. h. Names for new streets shall not duplicate or create confusion with names of existing streets. Street names and numbers shall conform to the established pattern in the surrounding area and are subject to approval of the Director. i. To provide off-street loading and/or access to parking areas, alleys shall be provided in commercial and industrial zones to serve abutting properties unless other permanent provisions are approved by the Planning Commission or Director. j. Alley standards shall be as follows: 1. Standards for Alleys Serving both Residential and Nonresidential Use Types LDC December 18, 20004.0-8 (a) Alleys serving residential use types shall be privately owned, with the exception of existing publicly owned alleys. Alleys serving nonresidential use types may be private, but are strongly encouraged to be public. (b) Alleys shall be concrete and designed consistent with City Engineering Standards; (c) Alleys shall be clearly marked to prohibit parking, unless designed to accommodate it; (d) An alley serving six or more dwelling units shall be contained within a separate, privately owned tract of land, and required setbacks shall be measured from the tract property lines of the alley; (e) Alleys shall be unobstructed at least to their minimum required width. Service areas provided adjacent to alleys shall not encroach into the alleys; (f) Site layouts of alleys may include, but are not limited to, straight alleys, “T-shaped” alleys, “L-shaped” alleys, etc.; (g) Although emergency access to structures is provided via streets the majority of the time, in cases where an alley provides required emergency access to a structure(s), the alley shall be a minimum of 20 ft. wide and have adequate turning radii on curves (or on “T’s” and “L’s”), where needed, to accommodate emergency vehicles; (h) Developments that intend to have garbage pick-up services and/or loading facilities from alleys shall have adequate turning radii on curves (or on “T’s” and “L’s”), where needed, to accommodate service vehicles and large trucks; (i) Public access easements shall be provided for all private alleys; (j) Private alleys shall be maintained by adjacent property owners, a property owners’ association, or through a privately administered arrangement instituted by the developer. Maintenance responsibilities for private alleys shall be identified in deed restrictions filed with the final plat or prior to the issuance of final occupancy permits in cases where there is no plat to be filed; and (k) Utilities within alleys shall be placed underground. 2. Additional Standards for Alleys Serving Residential Use Types LDC December 18, 20004.0-9 (a) One-way alleys shall have a minimum width of 12 ft., and two-way alleys a minimum width of 16 ft. One-way alleys shall be clearly designed as one-way alleys and shall be signed accordingly; (b) Alley segments shall not exceed 350 ft.; (c) Street trees shall be provided on either side of the alley tract (outside the tract) at the rate of one tree per lot, consistent with Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting. Such street trees are also required in cases where the Director approves an exception to the requirement for the alley to be in a separate tract (for infill developments less than 2 acres in size); (d) Structures other than garages may be located along the outside boundaries of alleys (no setback required), provided they do not interfere with either the circulation of vehicles into garages or visual clearance; (e) Garages accessed by one-way alleys shall be angled from the alley 0 degrees to 45 degrees to assist with vehicle access and assist drivers in determining that the alley is one-way. Garages installed consistent with this requirement may be located along the outside boundaries of one-way alleys (no setback required); and (f) Garages adjacent to two-way alleys shall be located no closer than 14 ft. from the centerline of the alley unless they are angled from the alley 0 degrees to 45 degrees, in which case they may be located along the outside boundaries of the alleys (no setback required). 3. Additional Standards for Alleys Serving Nonresidential Use Types (unless specified differently by the underlying zone) (a) One-way alleys shall have a minimum width of 12 ft., and two-way alleys a minimum width of 20 ft. One-way alleys shall be clearly designed as one-way alleys and shall be signed accordingly; (b) Parking may be provided on one side of an alley, but not on both sides. Where parking is provided on one side of a one-way alley, the alley shall be a minimum width of 14 ft. (exclusive of parking); (c) Where parking is provided, it shall not interfere with service areas, utilities, or pedestrian facilities. Such parking may be 45-degree angled parking, parallel parking, or 90-degree parking, provided the parking stalls (and related back-up areas) are designed consistent with the City’s Off-Street Parking and Access Standards, established by and available through the City Engineer and amended over time. Rather than widen alleys to allow for adequate back-up areas for 90- LDC December 18, 20004.0-10 degree parking stalls, applicants are encouraged to provide longer parking stalls; and (d) Where alleys provide access to parking lots or parking structures with 15 or more spaces, the alleys shall be a minimum of 20 ft. wide. k. Locations, grades, alignments, and widths for all public and private streets shall be considered in relation to existing and planned streets, topographical conditions, public convenience and safety, and proposed land use. Where topographical conditions present special circumstances, exceptions to these standards may be granted by the City Engineer provided that the safety and capacity of the street network is not adversely effected. The following standards shall apply: 1. Grading (cuts and fills) shall be minimized by not exceeding 8 vertical ft. for an individual cut or fill and not exceeding 16 vertical ft. for a combination cut/fill. Streets shall be designed along natural contours. 2. Location of streets in a development shall not preclude development of adjacent properties. Streets shall conform to planned street extensions identified in the Corvallis Transportation Plan and/or provide for continuation of the existing street network in the surrounding area. 3. Grades shall not exceed 6 percent on arterial streets, 10 percent on collector and neighborhood collector streets, and 15 percent on local, local connector, and cul-de-sac streets. 4. As far as practicable, arterial, collector, and neighborhood collector streets shall be extended in alignment with existing streets by continuation of the street centerline. When staggered street alignments resulting in "T" intersections are unavoidable, they shall leave a minimum of 200 ft. between the nearest edges of the two rights-of-way. 5. Local street intersections shall be located a minimum of 125 ft. from any other street intersection. 6. Centerline radii of curves shall not be less than 500 ft. on arterial streets, 300 ft. on collector and neighborhood collector streets, and 100 ft. on local, local connector, and cul-de-sac streets. 7. Streets shall be designed to intersect at angles as near as practicable to right angles and shall comply with the following: (a) The intersection of an arterial, collector, or neighborhood collector street with another arterial, collector, or neighborhood collector street shall have a minimum of 100 ft. of straight (tangent) alignment perpendicular to the intersection; LDC December 18, 20004.0-11 (b) The intersection of a local, local connector, or cul-de-sac street with another street shall have a minimum of 50 ft. of straight (tangent) alignment perpendicular to the intersection; and (c) Where right-angle intersections are not possible, exceptions may be granted by the City Engineer provided that these intersections have a minimum corner radius of 20 ft. along the right-of-way lines of the acute angle. (d) All intersections shall have a minimum curb corner radius of 20 ft. 8. Right-of-way and improvement widths shall be as specified in the Transportation Plan and Table 4.0-1- Street Functional Classification System. l. Where standards do not exist to address unusual situations, the Planning Commission or Director may require special design standards recommended by the City Engineer as conditions of development approval. LDC December 18, 20004.1-1 CHAPTER 4.1 PARKING, LOADING, AND ACCESS REQUIREMENTS Section 4.1.10 - PURPOSES The regulations in this chapter are established to provide appropriate location and design of parking and loading areas and appropriate location, design, and capacity of accesses. The parking requirements are intended to provide sufficient parking in close proximity to the various uses for residents, customers, and/or employees and to maintain traffic carrying capacity of nearby streets. These regulations apply to both motorized vehicles (hereafter called vehicles) and bicycles. Section 4.1.20 - GENERAL PROVISIONS a. Provision and Maintenance - The provision of required off-street parking for vehicles and bicycles, and loading facilities for vehicles, is a continuing obligation of the property owner. Building or other permits will be issued only after receipt of site plans drawn to a suitable scale that show the location of permanent parking and loading facilities. New vehicle and bicycle parking spaces shall be provided in accordance with the provisions of this Code. b. Unspecified Requirements - Vehicle and bicycle parking requirements for uses not specified in this chapter shall be determined by the Director based upon the requirements of similar uses. c. New Structures - When a structure is constructed, onsite vehicle and bicycle parking and loading spaces shall be provided in accordance with section 4.1.30 below. d. Alteration of Existing Structures - When an existing structure is altered to the extent that the existing use is intensified, vehicle and bicycle parking shall be provided in the amount required for such intensification. When increased intensity requires no more than two additional vehicle spaces, no additional parking facilities shall be required. However, the effects of changes, additions, or enlargements shall be cumulative, and when the net effect of one or more changes generates a need for more than two spaces, they shall be provided in accordance with the provisions of this chapter. Additional spaces shall be required for the intensification but not for the original use. New vehicle and bicycle parking spaces shall be provided in accordance with the provisions of this Code. e. Change in Use - When an existing structure is changed from one use type to another, as listed in section 4.1.30, and the vehicle and bicycle parking requirements for each use type are the same, no additional parking shall be required. When the change in use requires no more than two additional vehicle and/or bicycle spaces, no additional parking facilities shall be required. However, LDC December 18, 20004.1-2 where a change in use results in a requirement for more than two additional vehicle and/or bicycle parking spaces, additional parking space shall be provided to compensate for the increased intensity of use. New vehicle and bicycle parking spaces shall be provided in accordance with the provisions of this Code. f. Inoperative Motor Vehicles - In any residential zone, all motor vehicles incapable of movement under their own power or lacking legal registration shall be stored in a completely screened space, garage, or carport. g. Mixed Uses - When several uses occupy a single structure or lot, the total required vehicle and bicycle parking shall be the sum of the requirements of individual uses. Exceptions to this provision for shared parking may be considered through the Planned Development process outlined in Chapter 2.5 - Planned Development. h. Conflicting Parking Requirements - When a building or use is planned or constructed in such a manner that more than one standard is applicable, the use that requires the greater number of parking spaces shall govern. i. Availability of Parking Spaces - Required vehicle and bicycle parking spaces shall be unobstructed, and available for the parking of vehicles and bicycles of residents, customers, patrons, and employees only. Required spaces shall not be used for storage of vehicles or materials, or for parking of vehicles or bicycles used in conducting the business or conducting the use, and shall not be used for sale, repair, or servicing of any vehicle or bicycle. j. Location of Required Parking 1. Vehicles (a) Vehicle parking shall be located consistent with Chapter 4.10 - Pedestrian Oriented Design Standards, such that it does not separate buildings from streets except for driveway parking associated with single-family development. An exception may also be granted for up to two parking spaces per dwelling unit for duplexes and triplexes, provided that these spaces are within driveway areas designed to serve individual units in the duplexes and triplexes. Parking to the side of buildings is allowed in limited situations, as outlined in Chapter 4.10. (b) Vehicle parking required for residential uses in accordance with RS-3.5, RS-5, RS-6, RS-9, RS-9(U), RS-12, and RS-12(U) zone provisions shall be provided on the development site of the primary structure. Except where permitted by section 4.1.50.02 below, required parking for all other use types in other zones, as well as residential uses developed in accordance with RS-20 and Mixed Use Residential provisions, shall be provided on the same site as the use LDC December 18, 20004.1-3 or upon abutting property. Street right-of-way shall be excepted when determining contiguity, except on arterials, collectors, and neighborhood collectors, where a controlled intersection is not within 100 ft. of the subject property. 2. Bicycles - Bicycle parking required for all use types in all zones shall be provided on the development site in accordance with section 4.1.70 below. k. Unassigned Parking in Residential Zones 1. Vehicles - Multi-dwelling units with more than 10 required vehicle parking spaces shall provide unassigned parking. The unassigned parking spaces shall consist of at least 15 percent of the total required parking spaces and be located such that they are available for shared use by all occupants within the development. 2. Bicycles - Multi-dwelling units with more than 10 required bicycle parking spaces shall provide bicycle shared parking. The shared parking spaces shall consist of at least 15 percent of the total required parking spaces and be located such that they are available for shared use by all occupants within the development. l. Bedroom Size Determination - Multi-dwelling units having a bedroom in excess of 160 sq. ft. shall provide added vehicle and bicycle parking of 0.5 parking spaces for each oversized bedroom. m. Fractions - When the sum of the required vehicle and/or bicycle parking spaces is a fraction of a space, and the fraction is equal to or greater than 0.5, a space shall be required. If the fraction is less than 0.5, an additional space shall not be required. n. Assessment District Exemption - Sites and structures located in a municipal parking assessment district shall not be subject to off-street parking facility requirements for vehicles. o. Maximum Parking Allowed - No site shall be permitted to provide more than 30 percent in excess of the minimum off-street vehicle parking required by section 4.1.30 below, except as indicated in “p,” below. p. Structured Parking Required - For commercial, office, and industrial development with vehicle parking in excess of the minimum required, up to 200 unstructured vehicle parking spaces shall be allowed for each of the first three stories of structures within the development site, not to exceed the maximum parking allowed in “o,” above. All non-required vehicle parking in excess of the 200 per story shall be located in underground or structured parking facilities. In such cases, the parking maximum may be increased to 50 percent in excess of the minimum LDC December 18, 20004.1-4 off-street vehicle parking required by section 4.1.30 below. Note: When multiple structures are located on an individual development site, the parking associated with each floor of all structures on the development site shall be added together when calculating the threshold of 200 spaces per story in this provision. For this section, required handicapped spaces do not count toward the minimum parking requirement. q. Parking Reduction Allowed 1. A reduction of up to 10 percent of required vehicle parking may be allowed if a transit stop, developed consistent with Corvallis Transit System guidelines and standards, is located onsite or within 300 ft. 2. A reduction of up to 10 percent of required vehicle parking may be obtained through the provision of bicycle parking as follows: (a) For every eight required bicycle parking spaces, required vehicle parking may be reduced by one space, up to the maximum of a 10 percent vehicle parking reduction; or (b) For every four additional bicycle parking spaces provided over the minimum requirement, required vehicle parking may be reduced by one space, up to the maximum of a 10 percent vehicle parking reduction. Fifty percent of these additional bicycle parking spaces shall be covered, consistent with section 4.1.70.d.1. Additional reductions of vehicle parking spaces may be granted through the Lot Development Option procedures in Chapter 2.12 or the Planned Development procedures in Chapter 2.5. r. Handicapped Parking Exception Required handicapped spaces do not count toward the maximum parking spaces allowed pursuant to sections 4.1.20.o and 4.1.20.p above. Section 4.1.30 - OFF-STREET PARKING REQUIREMENTS a. Residential Uses Per Building Type 1. Single Detached and Single Attached (Zero Lot Line), and Manufactured Homes (a) Vehicles - 2 spaces per dwelling unit (b) Bicycles - None required 2. Duplex, Attached, and Multi-Dwelling LDC December 18, 20004.1-5 (a) Vehicles 1. Studio or Efficiency Unit - 1 space per unit 2. 1 Bedroom Unit - 1 space per unit 3. 2 Bedroom Unit - 1.5 spaces per unit 4. 3 Bedroom Unit - 2.5 spaces per unit (b) Bicycles 1. Studio or Efficiency Unit - 1 space per unit 2. 1 Bedroom Unit - 1 space per unit 3. 2 Bedroom Unit - 1.5 spaces per unit 4. 3 Bedroom Unit - 2 spaces per unit The required bicycle parking may be located within a structure, in accordance with the provisions of section 4.1.70. 3. Group Residential (a) Vehicles 1. Fraternities, sororities, cooperatives, and boarding houses - 3 spaces per 5 occupants at capacity (capacity to be based on criteria set forth in the Oregon Structural Specialty Code). 2. Retirement homes, intermediate care facilities, and halfway houses - 1 space per 3 persons for which sleeping facilities are provided (based on the maximum number of people to be accommodated). (b) Bicycles 1. Fraternities, sororities, cooperatives, and boarding houses - 3 spaces per 5 occupants at capacity (capacity to be based on criteria set forth in the Oregon Structural Specialty Code). 2. Retirement homes, intermediate care facilities, and halfway houses - 10 percent of required vehicle parking or 2 spaces, whichever is greater. 4. Group Care (a) Vehicles - 1 space per 1,000 sq. ft. of gross floor area (b) Bicycles - 10 percent of required vehicle parking or 2 spaces, whichever is greater b. Civic Use Types LDC December 18, 20004.1-6 Unless noted otherwise, number of spaces refer to vehicle parking requirements, and the number of spaces for bicycle parking shall be 10 percent of required vehicle parking or 2 spaces, whichever is greater. However, where fewer than 3 vehicle spaces are required, then only one bicycle parking space shall be required. 1. Administrative Services - 1 space per 400 sq. ft. of gross floor area 2. Community Recreation Buildings - 1 space per 200 sq. ft. of gross floor area 3. Cultural Exhibits and Library Services (a) Vehicles - 1 space per 200 sq. ft. of gross floor area (b) Bicycles - 30 percent of required vehicle parking 4. Day Care/Small Schools - 2 spaces per classroom 5. Hospitals - 1 space per 1,000 sq. ft. of gross floor area 6. Lodge, Fraternal, and Civic Assembly - For that area without eating or drinking facilities - 1 space per 4 fixed seats (24 linear in. of bench shall be considered 1 seat). For that area with eating or drinking facilities - 1 space per 4 fixed seats or stools and one space per 50 sq. ft. of dining or drinking area where there are no fixed seats. 7. Public Safety Services - 2 spaces per bed (sleeping accommodations) or as per administrative service requirements. 8. Religious Assembly - 1 space per 4 fixed seats ( 24 linear in. of bench shall be considered 1 seat) and 1 space per 50 sq. ft. of public assembly area where there are no fixed seats. 9. Schools (a) Vehicles (1) Preschool/Kindergarten - 2 spaces per teacher (2) Elementary - 2 spaces per classroom (3) Middle School/Junior High - 3 spaces per classroom (4) Senior High, Vocational (or similar institutions), or University - 6 spaces per classroom (b) Bicycles (1) Preschool/Kindergarten - 10 percent of required vehicle parking LDC December 18, 20004.1-7 (2) Elementary - 8 spaces per classroom (3) Middle School/Junior High - 8 spaces per classroom (4) Senior High - 8 spaces per classroom (5) Vocational (or similar institutions), or University - 8 spaces per classroom, plus 25 percent of required vehicle parking c. Commercial Use Types (for accompanying office and indoor service areas) Unless noted otherwise, number of spaces refer to vehicle parking requirements, and the number of spaces for bicycle parking shall be 10 percent of required vehicle parking or 2 spaces, whichever is greater. However, where fewer than 3 vehicle spaces are required, then only one bicycle parking space shall be required. 1. Administrative and Professional Services - 1 space per 400 sq. ft. 2. Agricultural Sales - 1 space per 400 sq. ft. of gross floor area for accompanying office and indoor service area 3. Agricultural Services - 1 space per 400 sq. ft. of gross floor area 4. Animal Sales and Services (a) Auctioning - 1 space per 50 sq. ft. of gross floor area (b) Grooming - 1 space per 400 sq. ft. of gross floor area (c) Horse Stables - exempt (d) Kennels - exempt (e) Stockyards - 1 space per 5,000 sq. ft. of gross floor area (f) Veterinary - 1 space per 400 sq. ft. of gross floor area 5. Automotive and Equipment (a) Cleaning - 1 space per 400 sq. ft. of gross floor area (b) Fleet Storage - 1 space per 400 sq. ft. of storage area (c) Repairs/Heavy Equipment - 1 space per 800 sq. ft. of gross floor area (d) Repairs/Light Equipment - 1 space per 400 sq. ft. of gross floor area (e) Sales/Rentals, Farm Equipment - 1 space per 500 sq. ft. of gross floor area (f) Sales/Rentals, Heavy Equipment - 1 space per 800 sq. ft. of gross floor area (g) Sales/Rentals, Light Equipment - 1 space per 400 sq. ft. of gross floor area (h) Storage, Non-Operating Vehicles - 1 space per 400 sq. ft. of gross floor area LDC December 18, 20004.1-8 (i) Storage, Recreational Vehicles and Boats - 1 space per 400 sq. ft. of gross floor area 6. Building, Maintenance and Services - 1 space per 400 sq. ft. of gross floor area 7. Business Equipment Sales and Services - 1 space per 400 sq. ft. of gross floor area 8. Business Support Services - 1 space per 400 sq. ft. of gross floor area 9. Communication Services - 1 space per 400 sq. ft. of gross floor area 10. Construction Sales and Service - 1 space per 400 sq. ft. of gross floor area 11. Convenience Sales and Personal Services - 1 space per 400 sq. ft. of gross floor area 12. Eating or Drinking Establishments - 1 space per 4 fixed seats or stools (24 lineal in. of bench shall be considered 1 seat) and 1 space per 50 sq. ft. of dining or drinking area where there are no fixed seats 13. Explosive Storage - 1 space per 5,000 sq. ft. of gross floor area 14. Financial, Insurance, and Real Estate Services - 1 space per 400 sq. ft. of gross floor area 15. Food and Beverage Retail Sales - 1 space per 400 sq. ft. of gross floor area 16. Fuel Sales - 1 space per 400 sq. ft. of gross floor area 17. Funerals and Interment Services (a) Crematory and Undertaking - 1 space per 4 fixed seats (24 lineal in. of bench shall be considered 1 seat) and 1 space per 50 sq. ft. of public assembly area where there are no fixed seats (b) Interring and Cemeteries - exempt 18. Laundry Service - 1 space per 400 sq. ft. of gross floor area 19. Lodging Services (a) Vehicles (1) Campground - 1 space per designated camping space LDC December 18, 20004.1-9 (2) Lodging - 1 space per guest room or suite (b) Bicycles (1) Campground - Exempt (2) Lodging - 10 percent of required vehicle parking 20. Medical Services - 1 space per 200 sq. ft. of gross floor area 21. Participant Sports or Recreation (a) Vehicles (1) Indoor (a) Bowling areas - 3 spaces per alley and 5 spaces as required for eating and drinking area (b) All others - 1 space per 4 fixed seats (24 lineal in. of bench shall be considered 1 seat) for visitor seating and 1 space per 4 participants based on projected participant capacity (2) Outdoor (a) 1 space per 4 fixed seats (24 lineal in. of bench shall be considered 1 seat) for visitor seating and 1 space per 4 participants based on projected participant capacity (b) Bicycles - 20 percent of required vehicle parking 22. Personal Services, General - 1 space per 400 sq. ft. of gross floor area 23. Regional Shopping Center - 1 space per 300 sq. ft. of gross floor area 24. Repair Services, Consumer - 1 space per 400 sq. ft. of gross floor area 25. Research Services - 1 space per 300 sq. ft. of gross floor area 26. Retail Sales, Bulky Merchandise - 1 space per 800 sq. ft. of gross floor area (e.g., furniture or motor vehicles) 27. Retail Sales, General - 1 space per 400 sq. ft. of gross floor area 28. Scrap Operations - 1 space per 400 sq. ft. of gross floor area 29. Spectator Sports and Entertainment LDC December 18, 20004.1-10 (a) Vehicles - 1 space per 4 fixed seats (24 in. of bench shall be considered 1 seat) and 1 space per 50 sq. ft. where there are no fixed seats (b) Bicycles - 20 percent of required vehicle parking 30. Swap meets - 1 space per 4 fixed seats (24 in. of bench shall be considered 1 seat) and 1 space per 50 sq. ft. where there are no fixed seats 31. Technical Support Center - 1 space per 150 sq. ft. of gross floor area 32. Telemarketing Center - 1 space per 150 sq. ft. of gross floor area 33. Wholesaling, Storage, and Distribution - 1 space per 5,000 sq. ft. of gross floor area d. Industrial Use Types Unless noted otherwise, number of spaces refer to vehicle parking requirements, and the number of spaces for bicycle parking shall be 10 percent of required vehicle parking or 2 spaces, whichever is greater. However, where fewer than 3 vehicle spaces are required, then only one bicycle parking space shall be required. 1. Limited Manufacturing - 1 space per 400 sq. ft. of gross floor area or 1 space per employee on the largest shift, whichever is greater 2. Technological Production, General Industrial, Intensive Industrial - 1 space per 1,000 sq. ft. of gross floor area or 1 space per employee on the largest shift, whichever is greater e. Agricultural Use Types - exempt f. Extractive Use Types - exempt Section 4.1.40 - STANDARDS FOR OFF-STREET PARKING AND ACCESS All off-street parking facilities, vehicle maneuvering areas, driveways, loading facilities, accessways, and private streets shall be designed, paved, curbed, drained, striped, and constructed to the standards set forth in this section and the City’s Off-Street Parking and Access Standards, established by and available through the City Engineer and amended over time. A permit from Development Services Division shall be required to construct parking, loading, and access facilities, except for single detached, duplexes, single attached, attached, and manufactured dwellings. a. Access to Arterial, Collector, and Neighborhood Collector Streets LDC December 18, 20004.1-11 1. Off-street facilities shall be designed and constructed with turnaround areas to prevent back-up movement onto arterial streets. 2. Location and design of all accesses to and/or from arterial, neighborhood collector, and collector streets (as designated in the Corvallis Transportation Plan) are subject to review and approval by the City Engineer. Accesses shall be located a minimum of 150 ft. from any other access or street intersection. Exceptions to this may be granted by the City Engineer. Evaluations of exceptions shall consider the posted speed for the street on which access is proposed, constraints due to lot patterns, and effects on the safety and capacity of the adjacent public street, bicycle, and pedestrian facilities. 3. When developed property will be expanded or altered in a manner that significantly affects onsite parking or circulation, both existing and proposed accesses shall be reviewed under the standards in “2" above. As a part of an expansion or alteration approval, the City may require relocation and/or reconstruction of existing accesses not meeting those standards. b. Access to Unimproved Streets Development may occur without access to a street built to City standards when that development constitutes infill on an existing substandard public street. A condition of development shall be to prepay the City for future street improvements according to current policies and procedures. This shall be required with approval of any of the following applications: 1. Land partitions; 2. Conditional Development; 3. Building permits for new nonresidential construction or structural additions to nonresidential structures (except accessory development); or 4. Building permits for new residential units. The City Engineer may allow the developer to sign an irrevocable petition for public street improvements in lieu of prepayment if it is determined that: 1. Existing development along a particular street corridor is so extensive that the ability to fund a future street improvement project through the collection of additional prepayment fees is limited; or 2. Future improvement scenarios are uncertain to the extent that an estimate for street improvements cannot be generated with any degree of confidence. LDC December 18, 20004.1-12 c. Vision Clearance 1. Except within the Central Business (CB) Zone, vision clearance areas shall be provided at the intersections of all streets and at the intersections of driveways and alleys with streets to promote pedestrian, bicycle, and vehicular safety. The extent of vision clearance shall be determined from standards adopted by the City Engineer that consider functional classification of the streets involved, type of traffic control present at the intersection, and designated speed for the streets. 2. Traffic control devices, street lights, and utility installations approved by the City Engineer are permitted within vision clearance areas. d. Backing or Maneuvering of Vehicles - For developments requiring four or more parking spaces, vehicular backing or maneuvering movements shall not occur across public sidewalks or within any public street other than an alley, except as approved by the City Engineer. An exception to this provision may be granted for up to two parking spaces per dwelling unit for duplexes and triplexes (for a total of six spaces), provided that these spaces are within driveway areas designed to serve individual units within the duplexes and triplexes (e.g. a triplex might be designed such that a driveway led to each unit and two spaces could be accommodated in each dwelling unit’s driveway). Evaluations of other requests for exceptions shall consider constraints due to lot patterns and effects on the safety and capacity of the adjacent public street and on bicycle and pedestrian facilities. e. Screening - All parking areas containing four or more spaces and all parking areas in conjunction with an off-street loading facility shall require screening in accordance with zoning requirements and Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting. Where not otherwise specified by zone requirements, screening along a public right-of-way shall include a minimum 5-ft.-wide plant buffer adjacent to the right-of-way. f. Lighting - Lighting shall be consistent with the provisions outlined in Chapter 4.2. g. Setbacks - Where vehicles will be backing out from a driveway to the public right-of-way, all off-street parking shall be provided with a minimum 19-ft. setback from the sidewalk or future sidewalk to a garage or carport. Where no sidewalk location has been established, a 19-ft. setback from the right-of-way edge to the parking structure shall be used. Nothing in this section shall imply or permit a lesser setback than that required by any other section of this Code. h. Sidewalks - Sidewalks shall be required in accordance with the provisions of section 4.0.30 of Chapter 4.0 - Improvements Required with Development. LDC December 18, 20004.1-13 i. Driveways 1. Driveways shall be surfaced as required by standards established by the City Engineer. No point along the driveway length shall traverse a slope in excess of 15 percent. The location and design of the driveway within the lot frontage shall provide for unobstructed sight per the vision clearance requirements in section 4.1.40.c. Requests for exceptions to these requirements will be evaluated by the City Engineer, who will consider the physical limitations of the lot and the safety impacts to vehicular, bicycle, and pedestrian traffic. 2. Single-family (attached or detached) and duplex development shall be limited to a maximum 20-ft.-wide curb cut. An exception to this provision may be granted in situations where steep terrain (in excess of a 15 percent grade) prevents compliance. Additional exceptions to this requirement may be obtained through the Lot Development Option or Planned Development procedures outlined in chapters 2.12 and 2.5, respectively. j. Access between Sites via Parking Lots and/or Drives - Where vehicular circulation between sites is appropriate to reduce offsite traffic impacts and/or to provide convenience for customers and/or delivery vehicles, vehicular connections between commercial developments shall be provided via parking lots and/or drives. Section 4.1.50 - MODIFICATION TO PARKING REQUIREMENTS Vehicle parking requirements may be modified as follows. 4.1.50.01 - Compact Car Spaces Up to 40 percent of the required parking spaces may be reduced in size to accommodate compact cars. Compact car spaces should be located near the entrance to any lot or parking aisle. 4.1.50.02 - Group Care Facilities Required parking spaces may be reduced in number for uses such as group care facilities where it can be demonstrated that vehicle use or ownership is significantly lower than for other dwelling or lodging facilities. Section 4.1.60 - STANDARDS FOR OFF-STREET LOADING FACILITIES Every retail or industrial use or premises mentioned in sections 4.1.30.c and 4.1.30.d with a gross floor area of 10,000 sq. ft. or more shall provide at least one off-street loading space onsite. One additional space shall be provided for each additional 20,000 sq. ft. or fraction thereof greater than 10,000 sq. ft. LDC December 18, 20004.1-14 Off-street loading facilities shall conform with the following standards: a. Each loading berth shall be at least 35- by 10-ft. and shall have a minimum height clearance of 14 ft.; b. Sufficient space for turning and maneuvering of vehicles shall be provided on the site in accordance with the standard specifications established by the City Engineer; c. Entrances and exits shall be provided at locations approved in accordance with applicable City ordinances and State statutes; d. No off-street loading facilities shall be required where buildings abut a public alley, provided that loading operations can be conducted from the alley in accordance with applicable traffic and parking ordinances; and e. Screening for off-street loading is required and shall be the same as screening for parking lots in accordance with section 4.1.40. Section 4.1.70 - STANDARDS FOR BICYCLE ACCESS AND PARKING All bicycle parking facilities required in conjunction with development shall conform to the standards in this section. Bicycle parking shall be located onsite with safe, convenient access to the public right-of-way, and shall conform to the Bicycle Rack Specifications adopted by the City Engineer, as amended over time. a. Location 1. Safe, convenient pedestrian access shall connect the bicycle parking area to the main entrance of the site’s principle use. 2. If the bicycle parking area is located within the vehicle parking area, the bicycle facilities shall be separated from vehicular maneuvering areas via curbing or other barriers to prevent damage to parked bicycles. 3. Curb cuts shall be installed to provide safe, convenient access to bicycle parking areas. 4. Where bicycle parking facilities are not directly visible and apparent from the public right-of-way, entry and directional signs shall be used to direct bicyclists to the facility. 5. Bicycle parking facilities shall be placed in a location convenient to the main entrance of the site's principal use. LDC December 18, 20004.1-15 6. For security and convenience, bicycle parking facilities shall be located in areas visible to the adjacent sidewalks and/or vehicle parking areas within the site. b. Dimensions 1. Bicycle parking spaces shall be a minimum of 6- by 2-ft. 2. Overhead clearance in covered areas shall be at least 7 ft. 3. A minimum 5-ft.-wide aisle shall be provided beside or between each row of bicycle parking. c. Enclosures and Racks 1. Bicycle parking facilities shall include lockable enclosures (lockers) in which the bicycle is stored or stationary objects (racks) to which bicycles may be locked. 2. Lockers and racks shall be securely anchored to the pavement or to a structure. 3. Bicycle racks and covered bicycle parking shall be designed consistent with the standards of the City Engineer. d. Covering 1. At minimum, 50 percent of the required bicycle parking shall be covered unless the facility is in a public park or in the Central Business Zone. 2. If vehicle parking is covered, a proportionate amount of bicycle parking shall also be covered. However, the minimum amount specified in “1" above shall be provided. 3. Covering for bicycle parking facilities shall be permanent and shall provide protection from precipitation. 4. Covering may be provided by an independent outdoor structure, a parking garage, a wide roof overhang, or a wide awning. Bicycle parking facilities may also be located within buildings, provided the other requirements of this section are met. e. Lighting 1. For security and convenience, lighting shall be provided in bicycle parking areas such that the facilities are thoroughly illuminated and visible from adjacent sidewalks and/or vehicle parking areas during all hours of use. LDC December 18, 20004.1-16 Lighting shall be consistent with Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting. LDCDecember 18, 20004.2-1 CHAPTER 4.2 LANDSCAPING, BUFFERING, SCREENING, NATURAL RESOURCE PROTECTION, AND LIGHTING Section 4.2.10 - PURPOSES The City recognizes the aesthetic and economic value of landscaping and encourages its use to establish a pleasant community character, unify developments, and buffer or screen unsightly features; to soften and buffer large-scale structures and parking lots; and to aid in energy conservation by providing shade from the sun and shelter from the wind. The community desires and intends all properties to be landscaped and maintained. This chapter prescribes standards for landscaping, buffering, and screening, as well as some standards for natural resource protection and lighting. While this chapter provides standards for frequently encountered development situations, detailed planting plans and irrigation system designs, when required, shall be reviewed by the City with this purposes clause as the guiding principle. Section 4.2.20 - GENERAL PROVISIONS a. Significant Plants, Habitat Areas, and Trees 1. Significant Plants and Trees Defined - Significant plant and tree specimens should be preserved to the greatest extent practicable and integrated into the design of a development. Trees of 8 in. or greater diameter measured at a height of 4 ft. above grade (dbh - diameter at breast height) and shrubs (excluding blackberries, poison oak, and similar noxious vegetation) over 4 ft. in height are considered significant. Also considered significant are plants, plant communities, and habitat areas for fish and wildlife found on the site that are listed as threatened or endangered with the National Marine Fisheries Service or the U.S. Fish and Wildlife Service, as well as significant native vegetation as defined in the Oregon Natural Heritage Plan (1998), which may include certain woodlands, grasslands, wetlands, riparian vegetation, and plant species. 2. Preservation Plan - Where the preservation of significant natural features is required by this Code, by a particular proposal, and/or by conditions of approval, no development permits shall be issued until a significant natural features Preservation Plan has been reviewed and approved by the Director. The Preservation Plan shall be developed by a certified arborist and shall comply with the purposes clause and specific standards in this chapter and any proposal(s) and/or conditions of approval that apply to the particular project. Additionally, plants to be saved and methods of protection shall be LDCDecember 18, 20004.2-2 indicated on the Preservation Plan submitted for approval. Trees shall be preserved as specified in “3” below. 3. Preservation Method for Trees, Vegetation and Habitat Areas - Existing trees may be considered preserved only if no cutting, filling, or compaction of the soil takes place between the trunk of the tree and the perimeter of the tree’s “circle of protection.” A circle of protection is created by a radius in feet that equals the diameter in inches of the tree trunk at 4 ft. above grade (e.g., a 15-inch diameter tree creates a 15-ft. radius of protected area). Existing vegetation and habitat areas may be considered preserved only if no cutting, filling, or compaction of the soil takes place within the vegetation’s or habitat area’s circle of protection. A circle of protection for vegetation or a habitat area is created by defining a circle around the vegetation or habitat area, the perimeter of which is located 5 ft. outside of the vegetation’s dripline or edge, or habitat area’s edge, whichever is applicable. In addition, the tree, vegetation, or habitat area shall be protected from damage during construction by a construction fence located outside the identified circle of protection. All construction fencing shall be installed prior to any grading and excavation of a development site. b. Required Landscaping 1. Landscaping and Irrigation Plans - Where a landscape plan is required by this Code, by a particular proposal, and/or by conditions of approval, detailed planting plans, irrigation plans, and other related plans shall be submitted for review and approval with building permit applications and/or prior to the recordation of a Final Plat. Building permits (including foundation permits) shall not be issued until the Director has determined that the plans comply with the purposes clause and specific standards in this chapter, and any specific proposal(s) and/or conditions of approval that apply to the particular project. On a case-by-case basis, and where no significant natural features would be impacted, the Director may grant an exception and allow the issuance of permits. Required landscaping shall be reviewed and approved by the Director, and in no case shall landscaping be less than that required by this chapter. Landscaping shall consist of groundcover, shrubbery, and trees. 2. Installation - All required landscaping and related improvements (irrigation, etc.) shall be completed prior to the issuance of a Certificate of Occupancy. Additionally, all required landscaping and related improvements within the public right-of-way, and/or required by conditions of approval in conjunction with recording of the Final Plat, shall be completed or financially guaranteed prior to the recording of a Final Plat. If an applicant chooses to financially secure landscaping and related improvements in order to record a Final Plat, LDCDecember 18, 20004.2-3 such financial security shall be consistent with the provisions of this Code, shall be reviewed and approved by the Director, and shall be for an amount at least equivalent to 120 percent of the cost of the installation of the landscaping and related improvements. 3. Coverage within Three Years - All required landscaping shall provide a minimum 90 percent ground coverage within three years. A financial guarantee shall be provided for new residential development (with the exception of areas within single-family or duplex lots), new nonresidential development, and nonresidential redevelopment that involves a 3,000 sq. ft. or 20 percent expansion (whichever is less, except that 20 percent expansions less than 500 sq. ft. are exempt). The financial guarantee shall cover maintenance for a 3-year period from the date that the landscaping was installed by the applicant and accepted by the City. This guarantee shall be established prior to the issuance of a Final Certificate of Occupancy and prior to recording of a Final Plat. Additionally, this guarantee shall be consistent with the provisions of this Code, shall be reviewed and approved by the Director, and shall be for an amount that is at least equivalent to 50 percent of the cost of installation of required landscaping and related improvements, plus 20 percent of the 50 percent figure. To release this guarantee at the end of the 3-year period, the developer shall provide a report to the Director. This report shall be prepared by a licensed arborist or licensed landscape contractor and shall verify that 90 percent ground coverage has been achieved (either by successful plantings or by the installation of replacement plantings). The Director shall approve the report prior to release of the guarantee. c. Appropriate care and maintenance of landscaping onsite and landscaping in the adjacent right-of-way is the right and responsibility of the property owner, unless City ordinances specify otherwise for general public and safety reasons. A City permit is required to plant, remove, or prune any trees in a public right-of-way. Landscaping, buffering, and screening required by the Code shall be maintained. If street trees or other plant materials do not survive or are removed, materials shall be replaced in kind. d. Planters and boundary areas used for required plantings shall have a minimum diameter of 5 ft. Where the curb or the edge of these areas are used as a tire stop for parking, the planter or boundary plantings shall be a minimum width of 7.5 ft. e. With the exception of single-family and duplex development, irrigation systems shall be required in all zones to ensure survival of plant materials in required landscape areas, unless waived by the Director. Where required, a detailed irrigation system plan shall be submitted with building permit applications. The plan shall indicate source of water, pipe location and size, and specifications of backflow devices. The LDCDecember 18, 20004.2-4 irrigation system shall use 100 percent sprinkler head-to-head coverage or sufficient coverage to ensure 90 percent coverage of plant materials in three years. f. In no case shall shrubs, conifer trees, or other screening be permitted within vision clearance areas of street, alley, or driveway intersections, or where the City Engineer otherwise deems such plantings would be hazardous to pedestrians and vehicles. Section 4.2.30 - REQUIRED TREE PLANTINGS Tree plantings in accordance with the following standards are required for all landscape areas, including but not limited to parking lots for four or more cars, public street frontages, private streets, multi-use paths, sidewalks that are not located along streets, alleys, and along private drives more than 150 ft. long. Along streets, trees shall be planted in designated landscape parkway areas or within areas specified in a City-adopted street tree plan. Where there is no designated landscape parkway area, street trees shall be planted in yard areas adjacent to the street. Along alleys, trees shall be planted on the sides of the alleys at a minimum of one tree per lot and the trees shall be located within 10 ft. of the alley. Along sidewalks and multi-use paths not located along streets (e.g., pedestrian and bicycle connections between cul-de- sacs or between residential areas and neighborhood centers, etc.), a minimum 5-ft.-wide landscaping buffer is required on either side of the facility. Within these buffers, trees shall be planted at least every 30 ft. Conditions of approval for individual development projects may require additional tree plantings (e.g., to mitigate removal of other trees, or as part of landscape buffering or screening efforts). The distance between required trees shall be determined by the type of tree used. Trees in parking areas shall be dispersed throughout the lot to provide a canopy for shade and visual relief. 4.2.30.01 - Street Trees Table 4.2-1 Medium-canopy trees (trees that normally reach 30- 50 ft. in height within 30 years) - Maximum 30 ft. on center spacing Large-canopy trees (trees that normally reach 30- 50 ft. in height within 30 years, but exceed 50 ft. in height at maturity) - Maximum 50 ft. on center spacing 4.2.30.02 - Parking Lot Trees Table 4.2-2 LDCDecember 18, 20004.2-5 Medium-canopy trees (trees that normally reach 30- 50 ft. in height within 30 years) - Minimum one tree per 8 cars Large-canopy trees (trees that normally reach 30- 50 ft. in height within 30 years, but exceed 50 ft. in height at maturity) - Minimum one tree per 12 cars 4.2.30.03 - Tree Planting Restrictions a. Trees may not be planted within 5 ft. of permanent hard surface paving or walkways, unless special planting techniques and specifications are used and particular species of trees are planted as approved by the Director. These limitations apply most frequently in areas such as landscape parkways, pedestrian walkways, and plaza areas (where there may be tree grates). b. Unless approved otherwise by the City Engineer, trees also may not be planted: 1. Within 10 ft. of fire hydrants and utility poles; 2. Within 20 ft. of street light standards; 3. Within 5 ft. from an existing curb face (except where required for street trees); 4. Within 10 ft. of a public sanitary sewer, storm drainage, or water line; or 5. Where the Director determines the trees may be a hazard to the public interest or general welfare. c. Trees shall be pruned to provide a minimum clearance of 8 ft. above sidewalks and 12 ft. above street and roadway surfaces. 4.2.30.04 - Trees Planted near Weather Protection Where street trees are required in combination with weather protection features (such as awnings), the trees shall be allowed to grow and their canopies shall be trimmed above the weather protection features. Section 4.2.40 - BUFFER PLANTINGS LDCDecember 18, 20004.2-6 Buffer plantings are used to reduce apparent building scale, provide a transition between contrasting architectural styles, and generally mitigate incompatible or undesirable views. They are used to soften rather than block viewing. Where required, a mix of plant materials shall be used to achieve the desired buffering effect. At minimum, this mix shall consist of trees, shrubs, and groundcover, and may also consist of existing vegetation (e.g., in natural areas that will be preserved). At minimum, buffering is required in areas identified through conditions of approval, in areas required by other provisions within this Code, in through-lot areas, and as required below. 4.2.40.01 - Parking, Loading, and Vehicle Maneuvering Areas Buffering is required for parking areas containing four or more spaces, loading areas, and vehicle maneuvering areas. Boundary plantings shall be used to buffer these uses from adjacent properties and the public right-of-way. A perimeter landscaping buffer a minimum of 5 ft. wide shall be provided around parking areas; a perimeter landscaping buffer a minimum of 10 ft. wide shall be provided around trees. Additionally, where parking abuts this perimeter landscape buffer, either parking stops shall be used or planters shall be increased in width by 2.5 ft. Onsite plantings shall be used between parking bays, as well as between parking bays and vehicle maneuvering areas. Low-lying ground cover and shrubs balanced with vertical shrubs and trees shall be used to buffer the view of these facilities. Decorative walls and fences may be used in conjunction with plantings, but may not be used alone to comply with buffering requirements. In addition to any pedestrian refuge areas, each landscaped island within and around parking lot areas shall include one or more shade canopy trees. Each island shall be of a length greater than 8 ft. in its smallest dimension, include at least 80 sq. ft. of ground area per tree to allow for root aeration, and have raised concrete curbs. Connecting walkways through parking lots shall have one or more canopy shade trees per 40 linear ft. of such walkway, planted in landscape areas within 5 ft. of the walkway. Driveways through or to parking lots shall have one or more canopy shade trees per 40 linear ft. of and along each side of such driveway, planted in landscape areas within 5 ft. of the driveway. Section 4.2.50 - SCREENING (HEDGES, FENCES, WALLS, AND BERMS) Screening is required where unsightly views or visual conflicts must be obscured or blocked and/or where privacy and security are desired. Fences and walls used for screening may be constructed of wood, concrete, stone, brick, wrought iron, or other commonly used fencing/wall materials. Acoustically designed fences and walls shall also be used where noise pollution requires mitigation. LDCDecember 18, 20004.2-7 Where landscaping is used for required screening, it shall be at least 6 ft. in height and be at least 80 percent opaque, as seen from a perpendicular line of sight, within 18 months following establishment of the primary use of the site. A chainlink fence with slats shall qualify for screening only if a landscape buffer is provided in compliance with section 4.2.40 above. 4.2.50.01 - Height Limit The height of hedges, fences, walls, and berms shall be measured from the lowest adjoining finished grade, except where screening is required for parking, loading, storage, and similar areas. In these cases, height shall be measured from the finished grade of such improvements. Screening is not permitted within vision clearance areas, as determined by the City Engineer. a. Hedges, fences, and walls shall not exceed 3 ft. in height within any required yard adjacent to a street or within the through-lot easement area of a lot. The Director may grant an exception to this provision under the following circumstances: 1. Where required by the Planning Commission to meet screening requirements; 2. Where an applicant wishes to allow portions of a screen to encroach up to 2 ft. into an exterior side yard (excluding the front yard area). This type of encroachment pertains to a screen that is designed and constructed with offsets to prevent visual monotony. In this situation, the hedge, fence, or wall shall not exceed 5 ft. in height and shall maintain vision clearance standards; or 3. Where an applicant wishes to allow portions of a screen to encroach up to 5 ft. into a through-lot easement area. This type of encroachment pertains to a screen that is designed and constructed with offsets to prevent visual monotony. In this situation, the hedge, fence, or wall shall maintain an average setback of 20 ft. from the rear property line, shall not exceed 5 ft. in height, and shall maintain vision clearance standards. Gates are required in rear-yard fences on through lots since it remains the property owner's responsibility to maintain the area outside the fence. In multi-dwelling developments or planned developments and subdivisions, a 20-ft.-wide planting area shall be established between the sidewalk and the fence. The planting area shall be designed to minimize maintenance and to ensure that coniferous trees are planted at least 15 ft. from the sidewalk. LDCDecember 18, 20004.2-8 b. Notwithstanding the height restrictions outlined in “a” above, the height of solid fences and walls shall be limited to a maximum of 4 ft. along the boundaries of sidewalks and multi-use paths, provided these facilities are not adjacent and not parallel to streets (e.g., pedestrian and bicycle connections between cul-de-sacs or between residential areas and neighborhood centers, etc.). The limitation on these solid forms of screening is intended to increase visibility and public safety. Portions of fences above 4 ft. in height are allowed, provided that the fences and/or walls are designed and constructed of materials that are open a minimum of 50 percent. Fence and wall heights shall be measured from the grade of the sidewalk or multi-use path. Fences and walls along sidewalks and multi-use paths shall be located outside of any associated rights-of-way and/or easement areas. c. Hedges, fences, and walls may exceed 3 ft. in rear and interior side yards, except when these yards abut a sidewalk or multi-use path, in which case provisions in “b” above apply. Fences and walls over 6 ft. high require building permit approval prior to construction. d. Earthen berms up to 6 ft. in height may be used to comply with screening requirements. The slope of a berm may not exceed 3:1. The faces of a berm’s slope shall be planted with ground cover, shrubs, and trees. e. Long expanses of fences and walls shall be designed to prevent visual monotony through the use of offsets, changes of materials and textures, or landscaping. f. Chainlink fences are prohibited within 100 ft. of the identified gateway within the Limited Industrial-Office Zone, unless they are screened in accordance with landscape screening requirements in this chapter. 4.2.50.02 - Service Facilities and Outdoor Storage Areas Trash dumpsters, gas meters, ground-level air conditioning units and other mechanical equipment, other service facilities, and outdoor storage areas shall be appropriately screened with a fence, wall, or plantings, consistent with the landscape screening provisions in this section. When located adjacent to a residential zone, outdoor components associated with heat pumps, ground-level air conditioning units and similar kinds of equipment that create noise, shall not be placed within any required setback area. Additionally, if such equipment is located adjacent to a residential zone and between 5 - 10 ft. of a property line, it shall be screened with a solid fence or wall at least 1 ft. higher than the equipment. When such equipment is located adjacent to a residential zone and outside a required setback line, and is greater than 10 ft. from a property line, standard screening requirements in this section shall apply. LDCDecember 18, 20004.2-9 4.2.50.03 - Swimming Pools Swimming pools more than 18 in. deep shall be surrounded and screened with a minimum 4-ft. high secured fence or wall. The fence or wall must have a self-latching gate in accordance with Chapter 9 of the City's Municipal Code. 4.2.50.04 - Detention Facilities Detention facilities (such as ponds) shall be graded so that the sides of the facilities are no steeper than 3:1. Additionally, the facilities shall be landscaped with plant materials that provide erosion control and biofiltration. Section 4.2.60 - PROHIBITED STREET TREES Section 10.01.020 of the Municipal Code prohibits the following species of trees within public rights-of-way and parking strips: bamboo, poplar, willow, conifer, cottonwood, fruit and nut trees (other than ornamental), and ailanthus. Additionally, because of concerns regarding tree root interactions with sanitary sewer lines, Section 10.01.030 of the Municipal Code prohibits willow, cottonwood, and poplar trees from being planted anywhere in the City, unless the City Manager approves an exception for a situation where the tree roots are unlikely to interfere with a public sewer. Section 4.2.70 - GATEWAY PROVISIONS Development in designated gateway areas, as defined in the Comprehensive Plan, shall comply with the additional provisions of this section. 4.2.70.01 - Gateway Provisions for Development along South Third Street Within the Limited Industrial-Office (LI-O), Mixed Use General Commercial (MUGC), and Mixed Use Community Shopping (MUCS) zones, the following standards shall apply: a. Street Trees and Streets - A double row of street trees along street frontages as shown below shall be required. Properties zoned MUCS are exempt from this double row of trees requirement. Other street improvements, such as for sidewalks, bicycle lanes, transit facilities, and roadways, shall conform to the provisions of chapters 4.0 through 4.10. b. Landscaping - Areas within required setbacks adjacent to a Gateway Street (gateway landscape area) shall be landscaped with a combination of ground cover, shrubbery, and trees to serve as buffering between the development and the Gateway Street, in accordance with this chapter. While properties zoned MUCS shall provide required landscaping, they are exempt from the portion of this requirement that pertains to buffering of buildings. LDCDecember 18, 20004.2-10 Screening shall block views of the paved surfaces of parking and circulation areas for pedestrians on the abutting public sidewalk (i.e., on South Third Street) in accordance with this chapter and the following special screening standards: 1. Screening shall be provided with planted berms (maximum slope of 3:1) or other effective terrain features, but shall not block the view(s) of building facades from the Gateway Street (see graphic in section 4.2.70.01.a); and 2. Mulch, rocks, and other non-plant ground cover material shall not be permitted as screening, but shall be allowed to aid in the establishment of plants and to control erosion. c. Fences and Walls - Fences and walls within required setbacks adjacent to a Gateway Street shall not exceed 36 in. above finished grade, and shall have a minimum average setback of 12 ft. from the Gateway Street right-of- way. The setback shall be landscaped in accordance with “b” above. Straight LDCDecember 18, 20004.2-11 fence or wall segments shall not exceed 50 ft. in length without an offset or pillar measuring at least 2 ft. in depth. Pillars shall have a clearly defined base and cap and be constructed of brick, masonry, wood, or similar quality material. Cyclone fences shall not be permitted. Fences and walls associated with required screening of service facilities (e.g., trash dumpsters, gas meters, ground-level air conditioning units and other mechanical equipment within required setback areas) shall be located no closer than 25 ft. from a Gateway Street. d. Signs, Facilities, and Features - Monument signs, pedestrian and transit facilities, and water quality/quantity features (e.g., drainageways and detention ponds) approved by the City are allowed within the Gateway landscape area. e. Parking and Vehicle Circulation - Parking and vehicle circulation areas shall not be placed closer than 25 ft. from a Gateway Street right-of-way. Such areas shall not be visible from a Gateway Street, as provided in “b,” above. Where the Gateway Street is used to comply with section 3.22.40.09, parking and circulation areas shall not be placed between the subject building and the Gateway Street. f. Pole-Mounted Signs - Pole-mounted signs are prohibited within 100 ft. of any Gateway Street’s right-of-way. g. Monument Signs. Monument signs on properties along Gateway Streets shall be limited to 8 ft. in height. 4.2.70.02 - Reserved for Gateway Provisions for other Parts of the City - (Provisions to be established as part of a future Code Update process) Section 4.2.80 - SITE AND STREET LIGHTING Pursuant to City Council Policy 91-9.04, “The City of Corvallis is interested in well shielded, energy efficient street lighting sources that direct the light source downward where it is needed, not up or sideways where it is wasted and causes glare, light trespass, and bright skies.” All developers shall submit for approval a proposed lighting plan that meets the functional security needs of the proposed land use without adversely affecting adjacent properties or the community. This criteria is satisfied upon compliance with the provisions listed below and shall be substantiated by the applicant’s submittal of the necessary information to demonstrate compliance (e.g., information including but not limited to manufacturers’ specifications): LDCDecember 18, 20004.2-12 a. For safety purposes, lighting shall be provided in all areas designed to include pedestrian activities (e.g., streets, sidewalks, multi-use paths, parking lots, buildings, and plazas). b. With the exception of lighting for public streets, which is maintained by the City through a contract with an electric company, all other lighting used to illuminate streets, buildings, sidewalks, multi-use paths, parking lots, plazas, or the landscape, shall be evaluated during the plan review process associated with requests for permits. c. Site lighting that may be confused with warning, emergency, or traffic signals is prohibited. d. Light sources shall be concealed or shielded to the maximum extent feasible to minimize the potential for glare and unnecessary diffusion on adjacent property. Compliance with this provision shall be demonstrated by ensuring that, when evaluated from a point 4 ft. above the ground, bulbs of light fixtures are not visible from adjacent property. e. All new subdivision street lights and future street-light luminaire replacements within the existing street-light system shall be flat-lens fully shielded luminaires. f. Standard placement of street lights shall be at intersections, in the middle of long blocks, and in dead end streets and long cul-de-sacs. g. Background spaces such as parking lots shall be illuminated as unobtrusively as possible to meet the functional needs of safe circulation and of protecting people and property. Foreground spaces, such as building entrances and plaza seating areas, shall use local lighting that defines the space without glare. LDC December 18, 20004.3-1 CHAPTER 4.3 ACCESSORY DEVELOPMENT REGULATIONS Section 4.3.10 - PURPOSE These provisions are intended to establish the relationship between principal and accessory development and to specify criteria for regulating accessory developments. Section 4.3.20 - ACCESSORY USES ENCOMPASSED BY PRINCIPAL USES In addition to the designated primary, accessory, special, or administrative development uses, each zone shall provide for accessory developments identified in this chapter. When a proposed accessory use is not specified, the Director shall determine the appropriateness of the use and whether it is customarily associated with, and subordinate to, the principal development. The Director shall base the decision on the similarity of the proposed accessory development to those developments specifically identified as accessory to the principal developments, and on the relationship between the proposed accessory development and principal development. The Director's determination shall be made in accordance with procedures in Chapter 2.16 - Request for Interpretation. Section 4.3.30 - ACCESSORY DEVELOPMENTS SUBJECT TO CONTROLS Accessory developments shall be subject to the same requirements as the principal uses within each zone, except as otherwise provided below: a. Accessory development involving nonconforming uses and structures is subject to the requirements of Chapter 1.4 - Nonconforming Development; b. In a residential zone, a side and/or rear yard may be reduced to 3 ft. for an accessory structure erected more than 60 ft. from property lines adjacent to streets (other than an alley); c. In a residential zone, the rear yard of a corner lot may be reduced to 8 ft. for an accessory structure and its projections erected more than 25 ft. from property lines adjacent to streets; d. Fences shall be considered accessory structures and are subject to the requirements of section 4.2.50 of Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting; e. An accessory structure shall not exceed a height of 14 ft. nor occupy more than 35 percent of a required yard; and LDC December 18, 20004.3-2 f. Patios and decks not exceeding 30 in. in height from grade and open to the sky are considered accessory structures, but shall require Plan Compatibility review in accordance with Chapter 2.13 when they are within 5 ft. of any property line. Section 4.3.40 - RESIDENTIAL USE TYPES a. Accessory structures shall not become additional permanent living areas and, with the exception of decks, shall be detached from the primary residence. b. Subject to the restrictions and limitations specified in this Code, the following types of accessory structures shall be permitted in zones where Residential use types are permitted: 1. Private garages 2. Children's playhouses 3. Radio and television antennas (personal use) 4. Sheds 5. Shops 6. Barns 7. Kennels for dog and cat keeping 8. Gazebos 9. Solar and wind energy systems, including solar collectors, storage facilities, distribution components, and wind generation devices 10. Other necessary and customary developments as determined by the Director in accordance with section 4.3.20 above and Chapter 2.16 - Request for Interpretation Section 4.3.50 - CIVIC, COMMERCIAL, INDUSTRIAL, AGRICULTURAL, OR EXTRACTIVE USE TYPES Accessory development customarily associated with, and subordinate to, the principal Civic, Commercial, Industrial, Agricultural, or Extractive use types shall be permitted where these use types are authorized. 4.3.50.01 - Industrial and Agriculture/Open Space Zones LDC December 18, 20004.3-3 a. A single dwelling unit shall be permitted in industrial and agricultural/open space zones, provided that the uses are for and in accordance with the following: 1. Caretaker or Superintendent - On a lot or building site with a permitted industrial use and occupied exclusively by a caretaker or superintendent of such industrial use and his/her family; 2. Farm Owner or Operator - On a lot or building site having a net area of at least 5 acres being farmed and occupied exclusively by the owner or operator and his/her family; 3. Kennel Owner or Operator - On a lot or building site with a kennel, and occupied by the owner or operator; or 4. Residential Development in a Limited Industrial Zone - On a lot or building site in the Limited Industrial Zone with residential development in accordance with section 3.23.20.01.b.2 of Chapter 3.23 - Limited Industrial (LI) Zone. b. Retail outlets, cafeterias, and offices accessory to the primary use, developed during or following development of the primary use. LDC December 18, 20004.4-1 CHAPTER 4.4 LAND DIVISION STANDARDS Section 4.4.10 - PURPOSES The land division standards in this chapter are intended to preserve, protect, and promote the public health, safety, convenience, and general welfare. These standards are implemented in conjunction with the subdivision, expedited land division, and partition procedures in chapters 2.4, 2.5, and 2.14, respectively, and with Chapter 4.0 - Improvements Required with Development. Section 4.4.20 - GENERAL PROVISIONS 4.4.20.01 - Applicability All land divisions shall be in compliance with the requirements of the applicable zone and this chapter, as well as with all other applicable provisions of this Code. Modifications to these requirements may be made through a Planned Development (Chapter 2.5). 4.4.20.02 - Blocks a. General - Length, width, and shape of blocks shall be based on the provision of adequate lot size, street width, and circulation, and on the limitations of topography. b. Size - Blocks shall be sized in accordance with the block perimeter provisions within Chapter 4.0 - Improvements Required with Development. 4.4.20.03 - Lot Requirements a. Size and Shape - Lot size, width, shape, and orientation shall be appropriate for the location of the subdivision and for the type of use contemplated. No lot shall be dimensioned to contain part of an existing or proposed street. All lots shall be buildable, and depth shall generally not exceed 2.5 times the average width. Lot sizes shall not be less than required by the Code for the applicable zone. Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for off-street parking and service facilities required by the type of use proposed, unless offsite parking is approved per Chapter 4.1 - Parking, Loading, and Access Requirements. b. Access - Each lot shall abut a street other than an alley for a distance of at least 25 ft. unless the lot is created through a land partition or minor replat, in which case section 4.4.30.01 below shall apply. Exempt from this provision are residential developments involving detached single-family, 2- LDC December 18, 20004.4-2 unit attached single-family, or duplex dwellings in which front doors are less than 100 ft. from a street and are accessed by a sidewalk or multi-use path, and in which vehicular access is provided via an alley. Also exempt from this provision are residential (except as specified above), commercial, and industrial lots in which front doors are less than 200 ft. from a street and are accessed by a sidewalk or multi-use path, and in which vehicular access is provided via an alley. c. Through Lots - Through lots shall be avoided except where essential to overcome specific disadvantages of topography and orientation. A planting screen easement at least 20 ft. wide shall be required between through lots and adjacent streets, in accordance with Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting. No vehicular rights of access shall be permitted across this planting screen easement. All through lots having frontage on parallel or approximately parallel streets shall provide the required front yard on each street, except as specified in Chapter 4.2. d. Lot Side Lines - Side lines of lots, as much as practicable, shall be at right angles to the street the lots face. e. Lot Grading - Lot grading shall conform to the City's excavation and fill provisions. f. Building Lines - Building setback lines may be established in a final plat or included in covenants recorded as a part of a final plat. g. Large Lots - In dividing land into large lots that have potential for future further subdivision, a conversion plan shall be required. The conversion plan shall show street extensions, utility extensions, and lot patterns to indicate how the property may be developed to Comprehensive Plan densities and to demonstrate that the proposal will not inhibit development of adjacent lands. Section 4.4.30 - SPECIAL PROVISIONS FOR LOTS CREATED THROUGH LAND PARTITIONS OR MINOR REPLATS In addition to complying with the provisions of section 4.4.20 above, partitions and minor replats shall be subject to the following standards and procedures. 4.4.30.01 - Accessway a. For residential lots, access requirements of section 4.4.20.03.b. may be reduced and combined to provide an accessway (a narrow strip of land connecting a parcel to a dedicated right-of-way or private street within a separate tract) in accordance with the following: LDC December 18, 20004.4-3 1. An accessway to a single lot and one dwelling unit shall be a minimum of 17 ft. wide; 2. An accessway to a single lot and two dwelling units or combined accessways to two lots and two dwelling units shall be a minimum of 23 ft. wide; 3. An accessway to a single lot with more than two dwelling units shall be a minimum of 28 ft. wide; 4. A combined accessway to two or three lots and three or four dwelling units with a common drive shall be a minimum of 28 ft. wide; and 5. A combined accessway to two or three lots and five or more dwelling units with a common drive shall be a minimum of 34 ft. wide. The accessway ensures access to the parcel. Actual pavement widths within an accessway are in accordance with the City’s Off-Street Parking and Access Standards, established by and available through the City Engineer and amended over time. b. Accessways must connect to a dedicated right-of-way at least 40 ft. wide and paved to City standards. An exception to the paving requirements for the existing dedicated right-of-way may be allowed if all of the following conditions are met: 1. The accessway connects to a street paved to a minimum of 20 ft. wide; 2. The accessway serves a single lot and not more than two dwelling units; 3. The property owner signs an irrevocable petition for public street improvements and records it with the property through the Benton County Recorder's Office; and 4. The property owner demonstrates that the grade of the property will allow foundation drainage to be carried by gravity (without pumping) to a public storm drain or other drainage facility approved by the City Engineer. c. The City Engineer may require that any private accessway or driveway over 50 ft. long or serving two or more lots shall be constructed at the same time that the adjacent public street is constructed. This provision includes all required drainage, sewage, and utility facilities. LDC December 18, 20004.4-4 4.4.30.02 - Lot Width The minimum lot width shall be as required by the applicable zone. 4.4.30.03 - Lot Area The lot area shall be as required by the applicable zone and shall be provided entirely within the building site area exclusive of any accessway (see the figure below). 4.4.30.04 - Front Yard Determination If the partitioned lot is a flag lot, the property owner may determine the location of the front yard, provided that no side yard is less than 10 ft. long. 4.4.30.05 - Site Improvements These requirements shall be in addition to others in Chapter 4.0 - Improvements Required with Development. a. Screening - A screen shall be provided along the property line of a lot of record where a paved driveway is within 5 ft. of the lot line; if the driveway is shared, the lot is exempt from this provision. Screening also may be required to maintain privacy for abutting lots. These screening requirements may be waived if the adjacent affected property owner consents in writing to such a waiver. Required screening shall be provided in accordance with Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting. b. Fire Protection - The Fire Chief may require installation of a fire hydrant and turnarounds if the length of an accessway would have a detrimental effect on fire fighting capabilities. LDC December 18, 20004.4-5 4.4.30.06 - Existing Vegetation Significant beneficial vegetation including trees and shrubbery shall be preserved wherever possible, consistent with Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting. 4.4.30.07 - Reciprocal Easements If a common driveway serves more than one lot, a reciprocal easement to ensure access rights shall be recorded with the approved partition map. LDC December 18, 20004.5-1 CHAPTER 4.5 FLOOD CONTROL AND DRAINAGEWAY PROVISIONS Section 4.5.10 - PURPOSES The flood control and drainageway provisions in this chapter are intended to reduce flood damage and loss of life in areas subject to periodic flooding. They are also intended to protect open, natural streams and drainageways as an integral part of the City environment and to maintain both hydrological and biological functions of an open drainageway system in accordance with the Corvallis Drainage Master Plan. An open drainageway system is necessary to manage stormwater drainage, minimize maintenance costs, protect properties adjacent to drainageways, improve water quality, protect riparian plant and fish and wildlife habitats, and provide opportunities for trail linkages. Section 4.5.20 - APPLICABILITY These provisions apply to areas in the 100-year flood plain as identified by the Federal Emergency Management Agency (FEMA) and/or the Corvallis Drainage Master Plan, and to other natural drainageways and properties adjoining natural drainage areas that collect stormwater. Section 4.5.30 - GREATER RESTRICTIONS This chapter of the Code is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and any other ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Section 4.5.40 - DISCLAIMER OF LIABILITY The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by human-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City of Corvallis, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. Section 4.5.50 - PROCEDURES Compliance of development applications with the provisions of this chapter shall be determined through the development review processes identified in section 1.2.110 of LDC December 18, 20004.5-2 Chapter 1.2 - Legal Framework or the building permit review process. Applications for building permits or other permits for structures and other development activities located in the flood plain or adjoining a natural drainage area shall be submitted and reviewed to ensure sites are reasonably safe from flooding before any permits are issued or before improvements, construction, or development begins. 4.5.50.01 - Application Requirements Applications for development in the flood plain or in an adjoining natural drainage area shall contain the following information: a. A description of the extent to which any watercourse will be altered or affected as a result of proposed development; b. The elevation in relation to the National Geodetic Vertical Datum (NGVD) of the lowest floor (including basement) of all new structures; and c. The elevation in relation to the NGVD to which any existing structure has been or is proposed to be flood proofed and certification by a registered professional engineer ensuring that the flood proofing methods for any nonresidential structure meet the flood proofing criteria in section 4.5.60.03 below. Applications shall be reviewed to determine that all necessary permits have been obtained from those Federal, State, or local governmental agencies from which prior approval is required. 4.5.50.02 - City Responsibility It shall be the City’s responsibility to record and maintain as a public record the elevation and flood proofing information for new construction and substantial improvements, along with related information as required for submittal by this chapter of the Code. 4.5.50.03 - Interpretation of Flood Insurance Rate Map Boundaries When a boundary on the Flood Insurance Rate Map appears to conflict with actual field conditions, the City Engineer shall interpret the exact location of the boundaries of the flood plain. Where FEMA base flood elevation information is unavailable for flood hazard areas, the City Engineer shall use other available data to apply standards in the floodway fringe and floodway. Section 4.5.60 - STANDARDS IN THE FLOODWAY FRINGE Development within the floodway fringe (zones A, AH, A1-A30, AE, and AO on the Flood Insurance Rate Map), including residential and nonresidential structures and the public LDC December 18, 20004.5-3 and private facilities serving these structures, shall be constructed to minimize flood damage. Electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities shall be designed and/or otherwise elevated or located to prevent water from entering or accumulating within the components during flood conditions. The following standards are required in the floodway fringe. 4.5.60.01 - Anchoring a. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. b. All manufactured dwellings shall be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors as approved by the Building Official. 4.5.60.02 - Residential Construction New construction and substantial improvement (as defined in Chapter 1.6 - Definitions) of any residential structure, including mobile and manufactured homes, shall have the finished grade of any nonhabitable space at or above the base flood elevation. The lowest floor, including basement, of any habitable space shall be elevated to a minimum of 1 ft. above base flood elevation. Accessory structures and fully enclosed nonhabitable areas below the lowest floor are prohibited unless designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement shall follow the standards outlined in Chapter 31, Division I of the Structural Specialty Code, and shall meet or exceed the following minimum criteria: a. A minimum of two openings having a total net area of not less than 1 sq. in. for every sq. ft. of enclosed area subject to flooding shall be provided; b. The bottom of all openings shall be no higher than 1 ft. above grade; and c. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of flood waters. 4.5.60.03 - Nonresidential Construction New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall have either the finished grade of any LDC December 18, 20004.5-4 nonhabitable space at or above the base flood elevation and the lowest floor, including basement, of any habitable space elevated 1 ft. above the level of the base flood elevation, or: a. Be flood proofed so that the structure is watertight 1 ft. above the base flood level; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and c. Be certified by a registered professional engineer or architect to ensure that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this section based on their development and/or review of the structural design, specifications, and plans. Designs for meeting these requirements shall follow the standards outlined in Chapter 31, Division I, of the Structural Specialty Code. Nonresidential structures that are elevated but not flood proofed must meet the same standards for space below the lowest floor as described in section 4.5.60.02 above. Applicants proposing to flood proof nonresidential buildings shall be notified that the flood insurance premiums are based on rates for structures with a lowest floor that is 1 ft. below the flood-proofed level. Section 4.5.70 - STANDARDS IN THE FLOODWAYS New construction, substantial improvements, and encroachments are prohibited within the 0.2-ft.-rise floodway. The floodway is the portion of the flood plain where high volumes of moving water flow through streams or drainageways as determined by the most recent data. Nonstructural development, such as parking lots, may be permitted within the floodway when certification by a registered professional engineer is provided to the satisfaction of the City Engineer showing that encroachments will not result in any increase in flood levels and/or flood hazards during a base flood event as defined in Chapter 1.6 - Definitions. Section 4.5.80 - DRAINAGEWAY DEDICATIONS Because development either increases the amount of surface water runoff or decreases the time to peak flow destined for the drainageway, any new development, expansion, or redevelopment proposed on land adjoining an open, natural drainageway shall require either dedication or granting of an easement of lands suitable for conveying stormwater and maintaining and operating an effective open drainageway system. LDC December 18, 20004.5-5 The dedication or easement is intended to satisfy the purposes cited in section 4.5.10 above and shall be reviewed and approved by the City Engineer. a. Dedication - A drainageway dedication shall be required when: 1. A parcel of land is divided into two or more parcels, whether by land partition or subdivision; 2. A permitted development of any kind (building, parking lot, etc.) is proposed on a vacant parcel of any size; 3. A Detailed Development Plan is proposed in accordance with Chapter 2.5 - Planned Development for a parcel, regardless of whether structures exist; 4. A Special or Administrative Development is proposed for a vacant parcel of any size; or 5. Development is proposed on a partially developed parcel, and the proposed new development constitutes an increase of 50 percent or more in impervious coverage of the parcel. The effects of new development shall be cumulative from the date of adoption of this Code, and when the net effect of one or more changes results in an increase of 50 percent or more in impervious cover of the parcel, a dedication shall be required. b. Easement - A drainageway easement shall be required with further development of any partially or fully developed parcel, when no items listed in "a" above apply. The easement shall contain sufficient restrictions on the use of the area to satisfy the purposes cited in section 4.5.10 above. Restrictions shall apply to structural improvements, regrading, or decrease in vegetative cover. c. When a dedication or an easement is required, the following width shall be provided. 1. The dedication or easement area shall include the drainage channel plus additional width as determined by the following formula: WFTOB = 1.5x + 5 ft. where: WFTOB = Width From Top Of Bank (i.e., the width of the dedicated or easement area needed on each side of a drainageway channel). LDC December 18, 20004.5-6 x = Width of channel from top of bank to top of bank as determined by the City Engineer, or 30 ft., whichever is less. Note: In the formula (1.5x + 5 ft.), the +5 ft. can be waived when the City Engineer finds that there is minimal risk that impervious cover, compaction, or trenching activities will occur in this 5-ft. area. 2. In some situations, the width of the protected drainageway needs to be wider than specified in "1" above, due to the natural sloughing and realigning of the stream that is anticipated when channel side slopes are greater than 2:1 (27 degrees from horizontal). In situations where the channel's side slopes are greater than 2:1, the protected drainage area shall be the channel width plus additional width as determined by the following formula: WFTOB = 1.5x * 1.6 + 5 ft. 3. If the 0.2-ft.-rise floodway boundary (as determined by maps on file with the City Engineer) extends beyond the required width as specified above, additional dedication or easement widths shall be provided as needed to encompass the floodway. 4. If the federally designated 100-year flood plain (as determined by maps on file with the City Engineer) extends beyond the required width as specified above, additional dedication or easement widths shall be provided for flood management or to preserve riparian areas. Such dedications or easements shall not exceed 50 ft. as measured from the top of the bank. 5. The City Engineer may reduce the required dedication or easement width under the following circumstances: (a) Where the requirements as specified above conflict with development that is already constructed and is a permitted use in the zone; or (b) Where the requirements as specified above would result in a parcel that cannot be developed under the standards of the applicable zone. LDC December 18, 20004.6-1 CHAPTER 4.6 SOLAR ACCESS Section 4.6.10 - PURPOSES Solar energy can make a significant long-term contribution to the City's energy supply. This chapter is intended to encourage the use of solar energy by protecting solar access in new residential subdivisions and residential Planned Developments. Section 4.6.20 - PERFORMANCE STANDARD Residential subdivisions and Planned Developments on parcels of more than 1 acre shall be designed so that solar access protection, as defined in Chapter 1.6 - Definitions, is available at ground level to the following: a. South face of existing residential buildings adjacent to the development; b. In residential subdivisions, a minimum of 80 percent of lots with sufficient east/west dimension to allow orientation of the long axis of buildings to use solar energy; and c. In Planned Developments, a minimum of 80 percent of the buildings with sufficient east/west dimension to allow orientation of the long axis of the buildings to use solar energy. Section 4.6.30 - WAIVER OF STANDARD IN SUBDIVISIONS A waiver from the requirements of section 4.6.20 above may be granted by the Planning Commission to the minimum extent necessary to do the following: a. Preserve existing vegetation; b. Reflect physical land development constraints related to the shape or topography of the site; c. Accommodate north-facing slopes of 10 percent or more; or d. Meet City design requirements for provision of streets, drainageways, utilities, landscaping, density, housing type variations, and location of buildings consistent with minimum setbacks. Section 4.6.40 - ADJUSTMENTS TO IMPLEMENT SOLAR STANDARD IN SUBDIVISIONS For residential subdivisions approved by the Planning Commission or City Council, modifications to solar provisions on a lot-by-lot basis may be authorized by the Director, LDC December 18, 20004.6-2 without public notice, under any of the following conditions: a. Where the affected property is developed and the change would not affect an existing dwelling; b. Where the affected property is vacant and the Director finds that the proposed change will still maintain a 1,400 sq. ft. building area on the affected lot where the long side of a dwelling located in this area would have solar access; c. Where the proposed change would not increase shade on the affected dwelling more than that resulting from a 6-ft.-high fence on the property line; or d. Where the Director finds that an error in the original solar calculations has been made so that a 2-story house cannot be centered on the height-restricted lot. Any other modifications shall be in accordance with Chapter 2.12 - Lot Development Option. Section 4.6.50 - WAIVER OF STANDARD IN PLANNED DEVELOPMENTS For residential Planned Developments, a waiver from the requirements of section 4.6.20 may be granted by the Planning Commission based on the provisions of section 4.6.30 or to the minimum extent necessary to do the following: a. Meet a broad range of residential needs by encouraging use of innovative site development techniques and a mix of dwelling types; or b. Address future housing needs in the community by encouraging affordable housing, as defined in Chapter 1.6 - Definitions, to increase housing choices. A waiver may not be granted under this section unless the applicant demonstrates that the loss of solar access for current and future generations has been mitigated by a substantial increase over Uniform Building Code requirements in energy efficiency of the proposed dwellings. LDC December 18, 20004.7-1 CHAPTER 4.7 SIGN REGULATIONS Section 4.7.10 - PURPOSES The City’s sign regulations serve the community by doing the following: a. Requiring sound construction and maintenance of signs, and by limiting the number of visual images communicated; b. Providing an equitable opportunity to use signs as a communication medium outside of public rights-of-way; c. Providing standards for location, size, type, and number of signs; and d. Providing reasonable limits on the magnitude and extent of graphic communication presented to the public. Section 4.7.20 - OFFENSES Any person who erects, installs, maintains, alters, repairs, removes, or uses a sign in violation of the provisions in this chapter or of the Corvallis Building Code shall be committing a Class B infraction subject to the penalties set forth in section 4.7.120.02 of this chapter. Any person who causes or permits any of these actions shall also be in violation of these regulations. Section 4.7.30 - SIGN MAINTENANCE REQUIRED Signs shall be maintained to protect the public safety, present a neat appearance, and prevent deterioration. a. A permit is not required for normal maintenance and repair of a sign or sign structure, such as painting, repainting, and cleaning. b. A permit is required for structural and electrical modifications, including changes of sign size, shape, and location. Section 4.7.40 - NONCONFORMING SIGNS a. The following shall be considered nonconforming signs: 1. Signs that existed when these regulations were adopted, that have an approved City, County, or State sign permit, and that conformed to the provisions of Ordinance 72-57 as amended, but do not conform to sign regulations in this chapter; and LDC December 18, 20004.7-2 2. Signs on lands annexed to the City and that have an approved County or State sign permit. b. Nonconforming signs may continue to be used until altered, replaced, or moved, at which time the sign shall be brought into conformance with all provisions of this Code. c. Abandoned nonconforming signs shall be removed within 180 days. A new sign permit at the same address shall not be issued until the abandoned nonconforming sign is removed. Where a new business fails to remove nonconforming signs from the premises, the property owner shall be responsible for their removal. Section 4.7.50 - PROHIBITED SIGNS No person shall erect, install, maintain, alter, repair, remove, or use (or cause or allow such action) any sign unless specifically authorized by these regulations. No permit shall be issued for the erection, display, or maintenance of any sign in violation of these regulations. The following types of signs are specifically prohibited: a. Signs that obstruct the vision clearance area (as defined in Chapter 4.1 - Parking, Loading, and Access Requirements) of a street or driveway intersection in zones that have a front-yard setback requirement; b. Signs that obstruct ingress or egress through any door, window, fire escape, standpipe, or like facility required or designated for safety or emergency use; c. Signs that may be confused with public traffic signs or highway identification signs, or appear graphically similar to these types of signs; d. Signs that use words such as "STOP," "SLOW," "CAUTION," "LOOK," "DANGER," or any other word, phrase, symbol, or character that may mislead or confuse motorists; e. Signs or sign structures determined by the Building Official to constitute a hazard to the public safety or health by reason of poor structural design or construction, inadequate maintenance, lack of repair, or dilapidation; f. Signs located on or above public rights-of-way without written consent of the applicable jurisdiction, unless permitted by sections 4.7.70 through 4.7.90 below. This includes, but is not limited to: sandwich boards, posters on utility poles, political signs in parking strips, and signs on sidewalks; g. Signs that flash, blink, fluctuate, or have chaser, scintillating, or speller effects, including search lights; LDC December 18, 20004.7-3 h. Signs that move or have any moving part. This includes movement by mechanical, electrical, or kinetic means, wind currents, or any other means; i. Signs that inflate, including balloons and blimps; j. Pennants, flags, and banners. See section 4.7.70.b regarding official national, state, and local flags and section 4.7.80.05 regarding temporary banners; k. Signs that have copy changeable by other than manual means (except time and temperature signs that are part of a permanent sign); l. Roof signs including those projecting more than 4 ft. above an eave on sloped roofs, or 4 ft. above the parapets on flat roofs; m. Signs with visible A-frames, trusses, or guy wires as part of the sign or sign structure; n. Signs placed on, affixed to, or painted on any motor vehicle, trailer, or other mobile structure not registered, licensed, and insured for use on public highways; and o. Handbills (including any notice, placard, poster, showbill, dodger, circular, pamphlet, booklet, letter, folder, sheet, sticker, or banner) except as permitted by the Corvallis Criminal Code. Section 4.7.60 - SIGN PERMIT PROCEDURE Unless exempt through section 4.7.70, a sign permit is required for installation of each sign and billboard. a. A completed sign permit application accompanied by the appropriate fee shall be submitted for review to the Development Assistance Center. b. The Director shall review the sign permit application to ensure it is complete and accompanied by the appropriate fee, and that the proposed sign complies with the requirements of this Code and other City ordinances. A permit shall be issued only when all of these criteria have been met. c. An approved sign permit does not replace, supersede, or waive structural or electrical standards and permits required by the Corvallis Building Code. These other permits must also be obtained prior to work on the installation of a sign. d. The applicable permit review fee shall be doubled if sign installation is begun before the permit is obtained. Payment of the double fee shall not relieve any person from full compliance with these regulations. LDC December 18, 20004.7-4 e. The permit shall expire if a sign is not installed within 180 days from the date of a sign permit application approval. Reapplication shall include a new, fully completed application form and a new permit review fee. The application must comply with the findings in "b" above, including any amendments to these regulations adopted since the previous permit approval. f. An approved sign permit may be revoked by the Director if the sign is not constructed and installed as approved, if incorrect information was provided on the application, or if the City approved the permit in error. A decision of the Director may be appealed to the Land Development Hearings Board in accordance with Chapter 2.19 - Appeals. g. All signs shall be subject to inspection and reinspection by the Director. Footing inspections may be required for all signs having footings. Section 4.7.70 - EXEMPTIONS FROM SPECIFIC REQUIREMENTS OF REGULATIONS The following types of graphic communication are exempt from one or more requirements of this chapter, but shall comply with other applicable provisions. They are not subject to allocation limits specified in sections 4.7.80 and 4.7.90 below. Limitations on number and size of these classes of signs, if any, are noted below. a. Signs erected in a public right-of-way by an agent of the City, Benton County, the State of Oregon, the U.S. Government, or a public utility are exempt from the provisions of these regulation. Exempt signs include: 1. Street identification signs; and 2. Traffic control, safety, warning, hazard, construction, and related signs. b. One official national, state, and local government flag or banner per property when installed in a manner that meets City ordinances and when flown and maintained with the respect due to these symbols of honor and authority, as specified by the U. S. Flag Code, are exempt from the provisions of these regulations. As per Section 4 of the Flag Code, the American flag should never be used for advertising purposes. The flag structure shall not exceed 20 ft. in height or a height 10 percent greater than the maximum height of the primary structure on the property, whichever is greater. All structures over 10 ft. in height supporting flags require a Building Permit and inspection(s) of the footing and structure, as per the Corvallis Building Code, prior to installation of the structure. c. Campaign signs related to local, state, or national elections shall be exempt from the permit requirements and allocation limitations, provided they comply with the LDC December 18, 20004.7-5 following: campaign signs shall be limited to the time period between 90 days preceding the election date to 15 days following the election date; and campaign signs shall be located only on private property and outside of vision clearance areas. d. Signs required by City ordinance, County ordinance, or State or Federal law are exempt from the provisions of these regulations. Examples include address numbers, street names, public notices, restaurant health inspection ratings, handicapped access signs, and Civil Defense Shelter signs. e. One permanent memorial sign or tablet per property that displays only historical information, name of a building, date of erection, and/or logo, is exempt from the provisions of these regulations. Sign area shall not exceed 10 sq. ft. f. Permanent signs directing and guiding traffic and parking on private property, not to exceed 6 sq. ft. and limited to one sign per driveway entrance or street frontage are exempt from the provisions of these regulations. Other signs that designate reserved parking spaces or are related to traffic or parking regulations, if limited to 2 sq. ft., are also exempt. g. A non-illuminated blade sign (one per entrance to a building) placed above a walkway and under weather-protecting awnings, marquees, and parapets is exempt from the sign area limits of sections 4.7.80 and 4.7.90 below and from the limitation of two attached signs per occupant or business. An approved permit is required prior to installation. (See section 4.7.80.06 below for additional blade sign standards.) h. Signs that communicate only to persons inside buildings or building complexes or on private property shall be exempt from the provisions of these regulations. i. Signs, decorations, and displays inside of windows or attached to the inside of a window are exempt from these requirements, except those signs prohibited by section 4.7.50. j. Temporary signs conforming with this chapter shall be exempt from the permit requirements. Section 4.7.80 - ALLOCATION PROVISIONS AND DESIGN STANDARDS BY TYPE OF SIGN The following provisions and design standards organized by type of sign specify how the total sign allocation may be used. Unless specified elsewhere in these regulations, the sign allocation for a property shall be determined by multiplying the length of a property's primary frontage by the “primary frontage multiple,” which is identified for each zone in section 4.7.90 below. LDC December 18, 20004.7-6 4.7.80.01 - General Sign Standards a. All signs and sign structures shall comply with the standards of these regulations and with the provisions of the Corvallis Building Code. Unless otherwise permitted by these regulations, no sign shall exceed 200 sq. ft. in area. b. Sign allocation for a given frontage may be apportioned to attached signs and, if permitted by these regulations, to free-standing and temporary signs. That portion of the sign allocation used by a business or tenant for attached signage on a given frontage shall be used in not more than two signs. If property frontage allocation for attached signs exceeds the maximum sign area size of the zone, additional allocation may be used in additional sign(s), provided that an 8-ft. separation is maintained between signs. c. Sign area allocation for a primary frontage may be used for attached sign(s) that face a secondary frontage, limited to one sign per establishment. The amount of allocation used for secondary frontage signs shall be subtracted from and shall not exceed the total sign allocation for the property. d. The maximum projection of attached signs facing secondary frontages shall be 6 in., except no sign shall project over a public alley. e. Minimum setback from the curb face where signs are permitted over a public street right-of-way shall be 2 ft. f. Where illuminated signs are permitted, illumination may be provided by internal lighting or external spot lighting unless otherwise specified. In no case shall this illumination cause direct glare on adjacent properties or streets. g. Up to two poles, each with a maximum diameter of 6 in., may be placed within the vision clearance area (as defined in section 4.1.40 of Chapter 4.1 - Parking, Loading, and Access Requirements) and used to support a sign above a vision clearance area. Any other intrusion into the vision clearance area by a sign or its supporting structure is prohibited without written approval of the City Engineer. 4.7.80.02 - General Requirements for Free-Standing Signs a. Monument signs are free-standing signs that are roughly rectilinear in shape, generally with a consistent width down to or no more than 2 ft. from the ground surface, and are limited to maximum heights as specified in section 4.7.90. LDC December 18, 20004.7-7 b. Pole signs are free-standing signs that have more than 2 ft. of support elements that attach the sign to the ground surface, and are limited to maximum heights as specified in section 4.7.90. Pole signs are prohibited in gateway areas. c. Minimum separation between free-standing signs on the same side of a public right-of-way shall be 100 ft., unless specified differently by the applicable zone. d. Minimum clearance for pole signs above a pedestrian walkway shall be 10 ft. e. The following diagram illustrates the terms applicable to free-standing signs under this section and section 4.7.90. 4.7.80.03 - General Requirements for Attached Signs a. Where an attached sign projects more than 6 in., minimum clearance above a pedestrian walkway shall be 7.5 ft. b. In residential zones, an attached sign shall not extend above the top of a wall, eave, or parapet. In other zones, an attached sign may extend up to 4 ft. above a wall, eave, or parapet on the exterior of the building face. c. Where an attached sign projects more than 1 ft., the edge of the sign face closest to the building shall not project more than 6 in. d. For attached signs (other than awnings and marquees) that project more than 1 ft., a minimum separation of 5 ft. for each foot of projection shall be maintained between signs to facilitate visibility. No attached sign shall project more than 8 ft. from the building face. e. The following diagram illustrates the terms applicable to attached signs under this section and section 4.7.90. 4.7.80.04 - General Requirements for Temporary Signs Other Than Banner Signs One temporary sign per property (other than banner signs) maintained in sound condition, appearance, and repair, shall be allowed. Maximum sign area and height for a temporary sign shall be as specified for each zone in section 4.7.90 below. Total sign area of temporary signs shall reduce, and shall not exceed, total sign LDC December 18, 20004.7-8 allocation of a property. A temporary sign installed and used in compliance with these regulations is exempt from permit requirements. 4.7.80.05 - General Requirements for the Use of Banner Signs Banner signs are allowed in all office, OSU, commercial and industrial zones, and in residential zones for properties with a primary frontage measuring greater than 200 ft. a. Banner signs require an approved sign permit. Banners shall be used consistent with either option provided below in a calendar year. The first banner permit issued on a property shall determine the option chosen. The options are: 1. Each property is limited to three sign permits for banners per year. The maximum sign area for a banner shall be 16 sq. ft. Each sign permit for a banner shall be valid for 30 consecutive days, after which time the banner shall be removed; or 2. Each property is limited to two sign permits for banners per year. The maximum sign area for a banner shall be 100 sq. ft. Each sign permit for a banner shall be valid for seven consecutive days, after which time the banner shall be removed. b. All banners shall be securely attached flush with a building face and comply with the maximum sign height provisions for attached signs in the applicable zone. The sign area of a banner sign shall not reduce a property’s sign allocation. 4.7.80.06 - General Requirements for Blade Signs a. One non-illuminated blade sign (above the walkway and under weather protecting awnings, marquees, and parapets) placed at each entrance to a building shall be allowed. An approved sign permit is required prior to installation. Blade signs are exempt from the limitation of two attached signs per occupant or business, as discussed in section 4.7.80.01.b above. b. Vertical dimension of a blade sign shall not exceed 1 ft. and the width shall not exceed 90 percent of the width of the weather protection, for a maximum sign area per sign of 4 sq. ft. Section 4.7.90 - ALLOCATION PROVISIONS AND SIGN STANDARDS BY ZONE The following provisions and design standards, organized by zone designation, specify how a property's total sign allocation may be used. Unless specified elsewhere in these LDC December 18, 20004.7-9 regulations, total sign allocation shall be determined by multiplying the length of the property's primary frontage by the primary frontage multiple, which varies from zone to zone as described below. 4.7.90.01 - Sign Standards for All Residential Zones Except MUR Table 4.7-1 and its associated special instructions outline the sign standards for all residential zones (RS-3.5, RS-5, RS-6, RS-9, RS-9(U), RS-12, RS-12(U), and RS- 20) except the Mixed Use Residential (MUR) Zone. Table 4.7-1 - Residential Zones Except MUR Sign Type Primary Frontage Multiple Maximum Sign Area Maximum Sign Height Maximum Sign Projection Setback Attached 0.10 sq. ft. 5 sq. ft. 16 ft. 6 in. NA Temporary 0.10 sq. ft. 5 sq. ft. 4 ft. NA NA Special Instructions a. Attached signs shall not extend above eaves. b. Unless specified below, signs shall be limited to one frontage. c. Where a primary frontage exceeds 100 ft.: 1. Permanent monument signs are allowed (minimum setback is 5 ft.); 2. Maximum height for temporary and monument signs is 6 ft.; 3. Maximum sign area is 16 sq. ft.; and 4. Illuminated signs are permitted. d. Banner signs that comply with section 4.7.80.05 shall be permitted on properties with more than 200 ft. of primary sign frontage. 4.7.90.02 - Sign Standards for the MUR Zone and the Monroe Avenue Minor NC Table 4.7-2 and its associated special instructions outline the sign standards for the Mixed Use Residential (MUR) Zone and the part of the Neighborhood Center Zone that is a Minor Neighborhood Center (Minor NC) on the north side of Monroe Avenue between 14th and 26th streets LDC December 18, 20004.7-10 Table 4.7-2 - MUR and Monroe Avenue Minor NC Zones Sign Type Primary Frontage Multiple Maximum Sign Area Maximum Sign Height Maximum Sign Projection Setback Attached 1.5 sq. ft. 32 sq. ft. 20 ft. See 4.7.80 NA Monument 1.5 sq. ft. 32 sq. ft. 6 ft. for MUR 8 ft. for Minor NC See 4.7.80 5 ft. Temporary 1.5 sq. ft. 5 sq. ft. 6 ft. See 4.7.80 5 ft. Special Instructions a. Attached signs may project over the right-of-way. b. Height of attached signs shall not exceed 4 ft. above the eave or parapet. c. Banner signs that comply with section 4.7.80.05 are permitted. d. Illuminated signs are permitted. 4.7.90.03 - Sign Standards for the Minor NC (Except Monroe Avenue), PA-O, and RTC Zones Table 4.7-3 and its associated special instructions outline the sign standards for the Minor Neighborhood Center (Minor NC) elements of the Neighborhood Center Zone (except Monroe Avenue) and the Professional and Administrative Offices (P-AO) and Research Technology Center (RTC) zones. LDC December 18, 20004.7-11 Table 4.7-3 - Minor NC (Except Monroe Avenue), PA-O, and RTC Zones Sign Type Primary Frontage Multiple Maximum Sign Area Maximum Sign Height Maximum Sign Projection Setback Attached 1.5 sq. ft. 100 sq. ft. 25 ft. See 4.7.80 NA Monument 1.5 sq. ft. 100 sq. ft. 8 ft. for Minor NC, 12 ft. for PA-O and RTC See 4.7.80 5 ft. Pole 1.5 sq. ft. 100 sq. ft. 20 ft. Prohibited in Minor NC See 4.7.80 5 ft. Temporary 1.5 sq. ft. 5 sq. ft. 6 ft. See 4.7.80 NA Special Instructions a. Height of attached signs shall not exceed 4 ft. above the eave or parapet. b. Banner signs that comply with section 4.7.80.05 shall be permitted. c. Illuminated signs are permitted. 4.7.90.04 - Sign Standards for the Major NC, MUCS, MUGC, CB, CBF, LI-O, LI, GI, II, MUT, MUE, and RF Zones Table 4.7-4 and its associated special instructions outline the sign standards for the Major Neighborhood Center (Major NC) element of the Neighborhood Center Zone, the Mixed Used Community Shopping (MUCS), Mixed Use General Commercial (MUGC), Central Business (CB), Central Business Fringe (CBF), Limited Industrial - Office (LI-O), Limited Industrial (LI), General Industrial (GI), Intensive Industrial (II), Mixed Use Transitional (MUT), Mixed Use Employment (MUE), and Riverfront (RF) Zones. Further restrictions on the RF Zone are contained in section 3.15.80 of Chapter 3.15 - Riverfront (RF) Zone. LDC December 18, 20004.7-12 Table 4.7-4 - Major NC, MUCS, MUGC, CB, CBF, LI-O, LI, GI, II, MUT, MUE, and RF Zones Sign Type Primary Frontage Multiple Maximum Sign Area Maximum Sign Height Maximum Sign Projection Setback Attached 1.5 sq. ft. 200 sq. ft. 25 ft. See 4.7.80 NA Monument 1.5 sq. ft. 200 sq. ft. 12 ft. unless specified differently per zone or gateway standards See 4.7.80 NA Pole 1.5 sq. ft. 200 sq. ft. 25 ft. unless specified differently per zone. Prohibited in gateways and Major NC See 4.7.80 NA Temporary 1.5 sq. ft. 5 sq. ft. 6 ft. See 4.7.80 NA Special Instructions a. Attached signs may project over the right-of-way only in the CB Zone. b. Height of attached signs shall not exceed 4 ft. above the eave or parapet. c. Illuminated signs are permitted. d. Banner signs that comply with section 4.7.80.05 shall be permitted. 4.7.90.05 - Sign Standards for Oregon State University (OSU) Zone Sign regulations for the OSU Zone vary, depending on the location and visual impact of the sign in relation to properties surrounding the zone. The following part of the OSU Zone is called the "exemption area": the area east of 30th Street, south of Johnson Street and Monroe Avenue, west of the east boundary of the OSU Zone, and north of Western Boulevard and Oak Creek. LDC December 18, 20004.7-13 a. Any sign inside the exemption area shall be exempt from these regulations, provided that: 1. The sign is more than 100 ft. inside the exemption area; 2. The sign has a sign area of less than 32 sq. ft.; and 3. The sign doesn't function as a graphic communication to people outside the exemption area. b. Any sign located in the OSU Zone but outside the exemption area shall be exempt from these regulations, provided the sign does not function as a graphic communication to people on adjacent streets or private property. c. All other signs in the OSU Zone outside the exemption area shall have a sign area not greater than 32 sq. ft. Monument signs shall not exceed 6 ft. in height, and attached signs shall not vertically or horizontally project more than 6 in. from a building. Pole signs are prohibited. Unless otherwise exempt, signs along the boundary shall have a minimum separation of 100 ft. An approved Corvallis Sign Permit is required prior to installation of any sign not exempt by the provisions of section 4.7.70 and sections 4.7.80.03, 4.7.80.05 ”a” and “b,” and 4.7.80.06 above. d. In cases where OSU believes that graphic communication needs exceed allocation provisions or the specified sign area and height, OSU may petition the Planning Commission for approval to exceed limitations as a modification of the Physical Development Plan (see Chapter 3.36 - Oregon State University (OSU) Zone). 4.7.90.06 - Sign Standards for the Historic Preservation (HP) Zone A sign to be placed on property in a Historic Preservation Zone shall comply with the provisions in this chapter and in Chapter 2.9 - Historic Preservation Provisions. 4.7.90.07 - Sign Standards for the Willamette River Greenway (WRG) Zone A sign to be placed on property in the Willamette River Greenway Zone and visible from the Willamette River shall be consistent with the purposes of the Greenway, as stated in Chapter 3.30 - Willamette River Greenway (WRG) Zone Overlay. 4.7.90.08 - Sign Standards for the Agriculture-Open Space (AG-OS) Zone A sign to be placed on property in the Agriculture-Open Space Zone shall comply with the standards for uses in residential zones. LDC December 18, 20004.7-14 4.7.90.09 - Signs in Planned Developments A sign plan shall be required for all Planned Developments (see Chapter 2.5), whether or not variations from the requirements of this chapter are requested. The plan shall establish the location and allocation guidelines for signs in a way that ensures all parties in the development have an equitable opportunity to communicate through signs without creating undue negative effects on surrounding properties. The sign plan shall be reviewed as follows: a. The sign plan shall be reviewed by the Planning Commission concurrently with the Detailed Development Plan. b. Before approving the sign plan, the Commission shall find that the signs in the proposed sign plan comply with this Code and/or are compatible with the types of development (existing and future) surrounding the Planned Development. c. A sign permit for each sign in a Planned Development shall be obtained prior to construction or installation. A proposed sign shall comply with these regulations and any additional guidelines or conditions specified in the approved sign plan before a permit may be issued for the sign. d. Modifications of a Planned Development sign plan shall follow the provisions for a Major Planned Development Modification outlined in Chapter 2.5 - Planned Development. Section 4.7.100 - SIGN CONSTRUCTION STANDARDS This section provides material, design, construction, and safety clearance standards for the construction of signs. 4.7.100.01 - Materials for Permanent Signs Materials for construction of permanent signs or sign structures shall be of the quality and grade specified in Chapter 4 of the Uniform Sign Code as published by the International Conference of Building Officials. 4.7.100.02 - Materials for Temporary Signs Temporary signs shall be constructed of weather-resistant paper, cloth, canvas, wood, plastic, metal, or other material with sufficient structural integrity to withstand wind and moisture, so as to maintain appearance and service for the term of use. 4.7.100.03 - Design and Construction of Signs LDC December 18, 20004.7-15 Signs and sign structures shall be designed and constructed as specified in the Corvallis Building Code. 4.7.100.04 - Clearances For Signs a. Signs shall not be placed close to electrical conductors or in other unsafe locations. b. No sign or sign structure shall be erected in such a manner that any portion of its surface or supports will interfere in any way with the free use of any fire escape, exit, or standpipe. c. No sign shall obstruct any building openings to the extent that light or ventilation is reduced to a point below that required by the Corvallis Building Code. d. Signs erected within 5 ft. of exterior wall openings shall be constructed of noncombustible material or approved plastics. Section 4.7.110 - VARIANCE TO STANDARDS There may be rare instances where a combination of strict application of the standards in this chapter and/or public safety concerns may preclude signs as a communication medium for a primary frontage. In these cases, it may be appropriate to vary a particular standard to enable a property owner to use signage in a manner similar to other properties in the zone. a. To request a variance, an applicant shall submit a completed Sign Variance application and appropriate review fee. b. The Land Development Hearings Board shall hold a public hearing and provide notice on the application in accordance with Chapter 2.0 - Public Hearings. c. A variance request shall not be granted for any of the following: 1. Size of a proposed sign; 2. Limitations on visibility resulting from required landscaping; 3. Location of buildings or other structures; 4. Lack of exposure on a primary sign frontage; 5. Convenience or economic hardship to the applicant; or 6. Inclusion of signs otherwise prohibited by these regulations. LDC December 18, 20004.7-16 d. To approve a sign variance request, the Land Development Hearings Board must find that the application meets all of the following criteria: 1. The proposed sign is not of a type prohibited by these regulations; 2. The variance is the minimum remedy necessary to eliminate the hardship; 3. The variance does not substantially subvert the basic regulating formula relating the amount of sign area to the amount of sign frontage; and 4. No alternative solution that complies with these regulations is available to the applicant. e. The Land Development Hearings Board shall impose such conditions on the approval as necessary to achieve the purposes of these regulations. f. The decision of the Land Development Hearings Board shall be final unless appealed to the City Council in accordance with Chapter 2.19 - Appeals. g. Where a sign approved through variance procedures is not installed within one year, the variance approval shall expire and all work must fully comply with this Code. Section 4.7.120 - ADMINISTRATIVE 4.7.120.01 - Enforcement The Director shall administer and enforce sign regulations and is authorized to issue citations for violations in accordance with Chapter 1.3 - Enforcement. 4.7.120.02 - Violations Violations of these regulations shall be considered a Class B infraction and are subject to the procedures provided in ORS 153.110 through 153.310, as now constituted. a. A person cited for a violation shall be fined up to $100.00. b. Each day a sign is in violation shall be considered a new violation. 4.7.120.03 - Ordered Removal The Director may order removal of any sign erected or maintained in violation of these regulations. LDC December 18, 20004.7-17 a. The Director shall deliver a warning notice that the sign is in violation of these regulations. The notice shall be provided to individuals using the sign, to the owner of the sign or enterprise, and/or to the property owner. b. The notice shall allow three working days for removal of temporary signs and 14 working days for removal of permanent signs. c. If the owner or permittee fails to remove the sign as directed in the warning notice, the Director may issue a citation and may remove the sign. Any expense related to removal shall be paid by the owner or permittee of the sign. If such persons cannot be found, the expense shall be paid by the owner of the building, structure, or property to which the sign is affixed. d. If the condition of the sign presents an immediate threat to public safety, the Director may order immediate removal of the sign, without prior notice. Any expenses related to removal shall be paid by the owner or permittee of the sign. If such persons cannot be found, the expense shall be paid by the owner of the building, structure, or property. 4.7.120.04 - Limitation of Liability The City shall not be held responsible for any damage to persons or property by reason of approval, disapproval, or the issuance of a sign permit authorized herein, or inspection or reinspection of a sign as authorized by this chapter. LDC December 18, 20004.8-1 CHAPTER 4.8 MANUFACTURED DWELLING FACILITY STANDARDS Section 4.8.10 - PURPOSES The provisions in this chapter are established to ensure a safe and healthful living environment for residents of manufactured dwelling facilities and to ensure that manufactured dwelling facilities can provide affordable quality housing compatible with adjacent land uses. In addition, these provisions are intended to ensure compliance with State regulations governing review of manufactured dwelling facility development. Section 4.8.20 - AREA REQUIREMENTS a. The minimum size for a manufactured dwelling facility (as defined in Chapter 1.6 - Definitions) is 5 acres. b. The minimum size for a manufactured home space is 3,000 sq. ft. ORS 446.100(c) requires that the space be at least 30 ft. wide and 40 ft. long. Section 4.8.30 - PERMITTED STRUCTURES a. Manufactured homes and mobile homes, as defined in Chapter 1.6 - Definitions. b. Accessory structures - Structures customarily incidental to the primary use in accordance with Chapter 4.3 - Accessory Development Regulations. Section 4.8.40 - SETBACK AND SEPARATION FOR THE FACILITY PERIMETER a. Setback between Facility Structures and Abutting Properties - Between the abutting property and any dwelling or accessory facility structure or facility road a minimum setback shall be required equal to the rear yard setback specified by the zone of the abutting property, but not less than 5 ft. b. Setback between Facility Structures and a Public Street Right-of-Way - Between the public right-of-way and any dwelling or accessory facility structure, an average setback of 25 ft. shall be required along the public street, with a minimum setback equal to the front yard setback of the zone. Section 4.8.50 - FACILITY PERIMETER TREATMENT a. Perimeter Treatment Adjacent to Abutting Properties - A sight-obscuring fence or wall 6 ft. in height shall surround each manufactured dwelling facility, except as specified below for lands adjacent to public streets. Plantings in the required setback area shall be used to reinforce this buffer. LDC December 18, 20004.8-2 b. Perimeter Treatment Adjacent to Public Streets - An applicant can choose one of two options for perimeter treatment adjacent to public streets: 1. Option I - A 6-ft.-high sight-obscuring screen shall be provided through the use of fencing and vegetation and/or earth sculpting and vegetation. (a) Fencing - Fences shall have an average 15-ft. setback from the public right-of-way and shall meet vision clearance requirements. Fencing closer than 15 ft. to the public right-of-way shall be subject to the zone’s restrictions on front yard fencing. Long expanses of fence or wall along public streets shall be designed to prevent visual monotony through the use of offsets, landscaping, and change in materials. (b) Earth Sculpting - Earth sculpting shall be used in conjunction with plant materials and, when combined, the screen shall be 6 ft. high in two years. This combination of earth sculpting and plant materials is subject to the following standards: (1) At a minimum, the earth sculpting shall include a berm with a slope grade not exceeding 40 percent (1:2.5) on the side facing the street. The slope for the side facing the facility may vary. (2) At least one row of deciduous and/or evergreen shrubs spaced not more than 5 ft. apart shall be planted on this berm. (3) Lawn, low-growing evergreen shrubs, and evergreen ground cover shall cover the balance of the setback area. LDC December 18, 20004.8-3 2. Option II (a) A manufactured home space that abuts the perimeter setback shall be a minimum of 5,000 sq. ft. (b) Manufactured homes abutting a public street shall have staggered setbacks and a variety of living unit orientations such as indicated below. The required offsets between adjacent dwellings shall be at least 8 ft. as measured perpendicular from the street; or (c) An alternative to the above is to use a uniform setback but provide a substantial (greater than 30 degrees) acute or obtuse angle from the street, such as indicated below; or (d) A third alternative is to establish an 8-ft. minimum building offset by using attached garages or triple-wide expansions such as indicated below. (e) Driveway access on local public streets shall occur at the maximum frequency of one access for every two dwellings. Access from LDC December 18, 20004.8-4 individual dwellings shall not be permitted on arterial streets. Access to collector streets shall be subject to review by the City Engineer. Section 4.8.60 - SETBACK AND SEPARATION FOR STRUCTURES WITHIN THE FACILITY a. Dwellings shall be separated by at least 10 ft. on all sides. b. Dwellings shall be placed at least 14 ft. apart if a flammable or combustible fuel storage vessel is located on or between units. c. Dwellings shall be separated from facility buildings by at least 10 ft. d. Any structure and a facility street or any structure and a sidewalk intended for public use shall be separated by at least 5 ft. e. Accessory structures and dwellings shall be separated as follows: 1. An accessory building shall be separated at least 6 ft. from any dwelling or other accessory building on adjacent space, except in the case of section 4.8.70.b below. 2. When a double carport or garage is built to serve two adjacent dwellings, a minimum 3-ft. separation shall be provided between the double carport and any adjacent structure, dwelling, or accessory facility structure. As an alternative, a 1-hour fire wall separation may be provided through the center of a double carport serving an adjacent dwelling. Section 4.8.70 - SITE DEVELOPMENT STANDARDS a. Parking and Accessways 1. Parking - Off-street parking facilities shall be provided onsite in accordance with Chapters 4.1 - Parking, Loading, and Access Requirements and 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting. 2. Street Widths - Facility streets shall be a minimum width of 20 ft. If on-street parking is permitted, ORS 446.095(1) requires a minimum width of 30 ft. Streets serving more than 12 dwelling spaces shall be a minimum width of 24 ft. Streets serving more than 30 dwelling spaces shall be a minimum width of 28 ft. LDC December 18, 20004.8-5 3. Street Standards - Streets shall be paved to standards adopted by the City Engineer. 4. Dead End Streets - Dead end streets over 400 ft. in length shall have a standard cul-de-sac bulb with a 38-ft. curb-side radius. Shorter dead end streets shall have a turnaround approved by the City Engineer. 5. Walkways - Paved walkways, at least 5 ft. wide and accessible to wheelchairs, shall be provided to connect facility buildings to a facility street or public street. In addition, for an area with more than 25 dwelling spaces, a street sidewalk (or an equivalent pedestrian walkway) shall be provided to connect the area to a public sidewalk. 6. Lighting - Private facility roadways shall be lighted at intersections and pedestrian crossings. Fixtures shall not produce direct glare on adjacent properties. 7. Street Signs - Street identification signs shall be provided according to applicable City requirements if 50 or more manufactured dwelling spaces are on the site. 8. Fire Access - Access for fire protection services shall permit fire apparatus to approach within 100 ft. of each dwelling. In addition, each manufactured dwelling space shall have direct access to a street to permit emergency escape. This access shall be an unobstructed area not less than 14 ft. wide. b. Siting of Dwellings within the Facility 1. Dwellings shall have staggered setbacks and a variety of dwelling unit orientations such as indicated below. The required offsets between adjacent dwellings shall be at least 8 ft. as measured perpendicular from the street; or LDC December 18, 20004.8-6 2. An alternative to the above is to use a uniform setback but provide a substantial (greater than 30 degrees) acute or obtuse angle from the facility street, such as indicated below. c. Public and Private Facilities 1. Each manufactured dwelling facility space shall be provided with water, sanitary sewer, storm drainage, and street facilities; and electrical power, telecommunication, cable television, and natural gas services in accordance with Chapter 4.0 - Improvements Required with Development. 2. Applications for manufactured dwelling facilities that would adjoin an open, natural drainageway or would be located in a floodway fringe shall be reviewed in accordance with Chapter 4.5 - Flood Control and Drainageway Provisions. d. Play Areas - A separate play area shall be provided in all manufactured dwelling facilities that accommodate children unless each manufactured dwelling space has a minimum size of 4,000 sq. ft. A required play area shall be at least 2,500 sq. ft. in area with no dimension less than 30 ft. At least 100 sq. ft. of play area shall be provided for each manufactured dwelling space less than 4,000 sq. ft. e. Space Coverage - Not more than 60 percent of a manufactured dwelling space shall be occupied by a dwelling and any other attached or detached structure used in conjunction with such dwelling. f. Decks - Each manufactured dwelling space shall have at least one private or semi-private outdoor space adjacent to the dwelling, constructed of concrete, asphalt, flagstone, wood, or other equivalent surface material totaling at least 120 sq. ft. of area and not less than 8 ft. wide in any dimension. g. Skirting - Each mobile home or manufactured home located in a manufactured dwelling facility shall have continuous skirting that, in design, color, and texture, appears to be an integral part of the exterior walls or the foundation of the dwelling. LDC December 18, 20004.8-7 Section 4.8.80 - LANDSCAPE PLAN A landscape plan is required prior to issuance of building permits. This plan shall be drawn to scale and shall show the location of existing trees and vegetation proposed to be removed or to be retained on the site, the location and design of landscaped areas, the varieties and sizes of trees and plant materials to be planted on the site, contour lines indicating any proposed earth sculpting, and other pertinent landscape information. a. Plant Coverage and Maintenance Required landscape areas shall be covered by living plant materials capable of attaining 90 percent ground coverage within three years. The plant materials shall be continuously maintained and irrigated with permanent facilities. b. Plantings in Perimeter Area In addition to the requirements specified in section 4.8.50 above and in Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting, landscaping shall be used to screen decks and storage areas from the public roadway. Plant masses shall also be established between perimeter dwellings to reduce negative visual effects of roads and vehicle storage areas located within the facility. c. Plantings along Facility Streets 1. Street Trees - Street trees shall be provided in accordance with Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting. 2. Planting Continuity - To provide continuity, trees of the same or similar species shall be planted along facility streets. The consistent use of lighting fixtures, fencing styles, and carports can complement this street tree pattern. LDC December 18, 20004.8-8 3. Street Focal Points - The real or visually apparent end of a street shall be planted heavily either with foreground plants or (as below) with background plants. d. Planting for Energy Efficiency - Appropriate plant materials shall be used to cool dwellings in the summer and help insulate them in the winter. Possible applications are illustrated below. LDC December 18, 20004.9-1 CHAPTER 4.9 ADDITIONAL PROVISIONS Section 4.9.10 - PURPOSES Some types of uses have special development standards to improve their compatibility with surrounding land uses. In certain other situations, there are exceptions to the regulations not addressed elsewhere in the Code. This chapter includes special development standards for manufactured homes on individual lots, minor utilities, accessory dwelling units in residential zones, wireless telecommunication facilities, and commercial day care and school facilities. The chapter also includes exceptions to building heights and projections, and housing type variation requirements per residential zone. Section 4.9.20 - MANUFACTURED HOME DESIGN STANDARDS Manufactured homes as defined in Chapter 1.6 - Definitions are allowed in all residential zones. Manufactured homes placed on individual lots shall meet the following criteria: a. Multi-sectional structure (e.g., double-wide, 2-story, or “L”-shaped) and enclosing a floor area of not less than 1,000 sq. ft.; b. Backfill style foundation or skirting of pressure-treated wood, masonry, or continuous concrete footing wall construction, complying with the minimum set-up standards of the adopted Manufactured Dwelling Administrative Rules, Chapter 918; c. Pitched roof with a minimum 3 ft. in height for each 12 ft. in width; d. Non-reflective siding and roofing; e. Manufacturer’s certification that exterior thermal envelopes meet performance standards specified by State law for single-family dwellings constructed under the State One and Two Family Dwelling Specialty Code; f. Garage or carport with exterior materials the same as the main unit; and g. Comply with the provisions of Chapter 4.10 - Pedestrian Oriented Design Standards. Section 4.9.30 - MINOR UTILITIES Minor utilities (as defined in Chapter 3.0 - Use Classifications) require Conditional Development approval in accordance with Chapter 2.3 - Conditional Development when placed in a residential zone, or Plan Compatibility Review in accordance with Chapter 2.13 - Plan Compatibility Review when located in a commercial zone. In addition to LDC December 18, 20004.9-2 complying with these review criteria, minor utilities shall meet the following siting standards: a. The setback from the base of a minor utility structure to any lot in an adjoining residential zone shall be at least 20 percent of the structure height. b. If scientifically validated evidence demonstrates the level of electric magnetic fields (EMFs) produced by the minor utility poses a health hazard based on nationally accepted standards, the City Council may require removal of the minor utility after conducting a public hearing in accordance with Chapter 2.0 - Public Hearings. Section 4.9.40 - ACCESSORY DWELLING UNITS IN THE RS-3.5, RS-5, RS-6, RS-9, AND RS-9(U) ZONES Accessory dwelling units (ADUs) constructed between March 14, 1996 and April 30, 1998 in accordance with Code provisions in effect at that time shall be recognized as legal conforming uses and structures. ADUs constructed after April 30, 1998 shall be recognized as legal conforming uses and structures if they were constructed in accordance with standards in this section. To be considered legal conforming uses and structures, ADUs also shall be constructed with applicable building permits and follow established City procedures. In addition to complying with the specific requirements of the zone, ADUs are subject to special development provisions. The developer can choose to develop the ADU in accordance with the Ministerial Development Option or the General Development Option listed below. 4.9.40.01 - Ministerial Development Option Accessory dwelling units (hereafter called ADUs) under this option shall meet the following standards: a. The owner of the lot shall occupy either the principal residence or the ADU; b. Provisions made for drainage, water, and sewage waste shall meet City and Building Code standards; c. The ADU shall meet all applicable City codes (e.g., setback standards for the primary residence, height standards, building code provisions, etc); d. The lot requirements (width, depth, etc.) on which the principal residence and the ADU are located shall be met; e. The ADU shall be architecturally integrated with the primary dwelling unit through the use of the following: LDC December 18, 20004.9-3 1. Roofs - New roofs shall be similar to those on the primary structure in the pitch of roof (+/- 10 degrees) and width of roof overhang (+/- 20 percent). Roof materials shall be the same as on the primary residence. Where multiple roof pitches are proposed, roof pitch compliance can also be met if the majority of roof area meets the above standard and the remaining area has a slope of 4:12 or greater; 2. Building Materials for Exterior Walls - New walls shall be constructed of the same materials and in the same pattern as exist on the primary residence; 3. Window Appearance - New windows shall be the same size and type, and with the same window trim, as exist on the majority of all windows on the primary residence. This provision can be waived to accommodate the following: (a) The “View Windows” criterion listed below; or (b) The window is interior to the lot but its size, type, and trim match any minority window on the primary residence. 4. View Windows - Second-story windows facing the nearest side yard shall use opaque glass or, if clear glass, the bottom of the window shall be 5 ft. or more above floor elevation. This provision does not apply when the windows face an abutting garage or building wall where no windows exist; 5. Color - ADUs shall have the same color of siding, trim, and roof as exists on the primary structure; and 6. Balconies - Balconies on the second floor or higher are permitted only if outside a setback area and facing the nearest side yard. This provision does not apply when the balcony faces an abutting garage. f. The ADU shall not exceed either 40 percent of the gross floor area of the primary structure (exclusive of garages), or the gross floor area of a two-car garage (480 sq. ft.), whichever is greater, but in no case shall the ADU exceed 900 sq. ft.; g. Entrance Door - The primary entrance door to a detached ADU shall be located 5 ft. or more toward the interior of the lot from the abutting side yard setback lines. The extra 5-ft. setback is not required when an existing or created screen is located between the ADU and the property line. The screen needs to be at least 80 percent opaque to a height of at least 6 ft. LDC December 18, 20004.9-4 with the intent of interrupting a line of sight toward the first-floor windows and toward the yard area on abutting properties; h. Walkways - Walkways to the primary entrance door of an ADU shall maintain at least a 5-ft. separation from the side property line. This provision does not apply if an existing or proposed screen is located between the ADU and the property line. The screen shall be at least 80 percent opaque to a height of at least 6 ft. to interrupt a line of sight toward the first-floor windows and toward the yard area on abutting properties; i. If the parking requirement for the primary dwelling unit is met, no additional off-street parking needs to be provided for the ADU. However, should off- street parking be provided, the parking area shall not be located within any required front or side yard; j. A garage may be converted to an ADU if the off-street parking requirement for the primary dwelling unit is met and the structure conforms to all required setbacks of the primary residence; k. In the RS-3.5 and RS-5 zones, the minimum lot area to establish an ADU shall be 8,000 and 6,000 sq. ft, respectively; l. In the RS-6, RS-9, and RS-9(U) zones, the minimum lot area to establish an ADU shall be 3,500 sq ft. for a detached unit and 2,500 sq. ft. for an attached unit; m. Prior to issuance of a building permit for an ADU, the City shall require that a deed restriction be recorded on the property. The deed restriction shall state that, as a condition for the issuance of the building permit for the ADU, the property owner must reside on the premise or the ADU may not be used as a residence; and n. Only one ADU shall be allowed on a lot or contiguous lots under one ownership. 4.9.40.02 - General Development Option Accessory Dwelling Units under this option shall meet the following standards. 4.9.40.02.01 - Purpose This option is intended to minimize compatibility concerns related to ADUs with respect to architecture, window design, primary entry door location and the related walkway to this door, while facilitating the development of ADUs. The following provisions implement related Comprehensive Plan policies. LDC December 18, 20004.9-5 4.9.40.02.02 - Procedures When an ADU development application is filed using the General Development Option, it shall be reviewed in accordance with the procedures specified in Chapter 2.13 - Plan Compatibility Review. However, the criteria for review shall be those specified in section 4.9.40.02.03 below. 4.9.40.02.03 - Review Criteria In addition to complying with the specific requirements of the zone, ADUs are subject to the following provisions: a. The owner of the lot must occupy either the principal residence or the ADU; b. Adequate provisions shall be made for drainage, water, and sewage waste; c. The ADU shall meet all applicable City codes (e.g., setback standards for the primary residence, height standards, building code provisions, etc.); d. The lot requirements (width, depth, etc.) on which the principal residence and the ADU are located shall be met; e. The ADU shall be architecturally integrated with the primary dwelling unit through the use of the following: 1. Roofs - New roofs shall be similar in pitch, overhang, and materials to that of the primary residence; 2. Building Materials for Exterior Walls - New walls shall be constructed of materials and patterns similar in appearance to those on the primary residence; 3. Windows - New windows and window trim shall be similar in appearance to those on the primary residence unless variations are needed to protect the privacy of abutting properties; and 4. Color - ADUs shall have the similar color of siding, trim, and roof as exists on the primary structure. f. The ADU shall not exceed either 40 percent of the gross floor area of the primary dwelling unit (exclusive of garages), or the gross floor LDC December 18, 20004.9-6 area of a two-car garage (480 sq. ft.), whichever is greater, but in no case shall the ADU exceed 900 sq. ft.; g. The entrance to the ADU shall be oriented or appropriately buffered to protect the privacy of, and otherwise minimize impacts to, adjacent properties; h. If the parking requirement for the primary dwelling unit is met, no additional off-street parking needs to be provided for the ADU. However, should off-street parking be provided, the parking area shall not be located within any required front or side yard; i. A garage may be converted to an ADU provided that the off-street parking requirement for the primary dwelling unit is met and the structure conforms to all required setbacks of the primary residence; j. In the RS-6 Zone, the minimum lot area to establish an ADU shall be 6,500 sq. ft.; k. In the RS-9 and RS-9(U) zones, the minimum lot area to establish an ADU shall be 5,000 sq. ft.; l. Prior to issuance of a building permit for an ADU, the City shall require that a deed restriction be recorded on the property. The deed restriction shall state that, as a condition for the issuance of the building permit for the ADU, the property owner must reside on the premise or the ADU may not be used as a residence; and m. Only one ADU shall be allowed on a lot or contiguous lots under one ownership. Section 4.9.50 - EXCEPTIONS TO BUILDING HEIGHTS AND PROJECTIONS 4.9.50.01 - General Exceptions to the Building Height Limitations Projections such as chimneys, spires, domes, elevator shaft housings, towers, aerials, and other similar objects (excluding flagpoles and wireless telecommunications facilities) not used for human occupancy are subject to the height limitations specified in each zone. Such structures exceeding a zone’s height limitations may be permitted subject to Chapter 2.13 - Plan Compatibility Review, and upon a finding by the State of Oregon Aeronautics Division that the proposed structure does not pose a hazard to air traffic. Flagpoles are subject to section 4.7.70.b of Chapter 4.7 - Sign Regulations, which limits their height to 20 ft. or 110 percent of the maximum height of a primary LDC December 18, 20004.9-7 structure, whichever is greater. Wireless telecommunication facilities are subject to section 4.9.60 below. 4.9.50.02 - Projections from Buildings Architectural features such as cornices, eaves, canopies, sunshades, gutters, chimneys, fireplaces, and flues may project up to 3 ft. into a required yard, provided that a minimum 30-in. setback is maintained from any property line. Larger encroachments into front yard areas are allowed in residential zones, as specified in those zoning chapters of this Code. However, no architectural features shall be located within a vision clearance area as defined in section 4.1.40 of Chapter 4.1 - Parking, Loading, and Access Requirements. For the purposes of this section, “architectural features” shall not include any portion of a structure built for the support, conveyance, occupancy, shelter, or enclosure of persons, chattels, or property of any kind. Section 4.9.60 - WIRELESS TELECOMMUNICATION FACILITIES 4.9.60.01 - Siting Criteria and Review Procedures Wireless telecommunication facilities (as defined in Chapter 3.0 - Use Classifications) may be permitted outright, may require Plan Compatibility Review in accordance with Chapter 2.13 - Plan Compatibility Review, or may require Conditional Development approval in accordance with Chapter 2.3 - Conditional Development, depending on the type of facility (colocated/attached or freestanding) and its proposed location. Uses that are permitted outright require building permits only. All facilities in the Willamette River Greenway Zone Overlay are subject to the provisions of Chapter 3.30 - Willamette River Greenway (WRG) Zone Overlay. All facilities in the Historic Preservation Zone Overlay are subject to the provisions of Chapter 2.9 - Historic Preservation Provisions. All wireless telecommunication facilities and their related appurtenances located in areas with a Planned Development Overlay (except residential zones ) are exempt from the requirements to have an approved Conceptual Development Plan and/or Detailed Development Plan in accordance with sections 2.5.40 and 2.5.50 of Chapter 2.5 - Planned Development. Facilities proposed for location in residential zones with a Planned Development Overlay shall be treated as a minor modification to the approved Conceptual and/or Detailed Development Plan, and processed accordingly. 4.9.60.02 - Standard Requirements All wireless telecommunication facilities must demonstrate compliance with the following standard requirements prior to a City-required final inspection. Only alternative setbacks and spacing requirements are allowed, provided they are approved under the Conditional Development process in accordance with Chapter 2.3 - Conditional Development. LDC December 18, 20004.9-8 a. Height - No wireless telecommunication facility shall exceed 150 ft. in height except where attached to an existing structure that exceeds 150 ft. in height and the attached antennas do not increase the total height of that structure. All wireless telecommunication facilities are exempt from the provisions in section 4.9.50. Additional height limitations are defined under allowed uses for individual development zones (chapters 3.1 through 3.37). b. Setbacks 1. Setbacks for freestanding wireless telecommunication facilities, including associated ground-level equipment, are as follows: (a) A facility shall be set back by a distance greater than or equal to two times the height of the facility structure, including attached antennas, from the nearest property line of any property that either contains an existing residential use or is located in a residential development zone. (b) A facility located on a site adjacent to the Corvallis Gateway Corridor (defined as the right-of-ways of highways 99W and 20/34 that are within the Corvallis city limits), shall be set back from the right-of-way by a distance greater than or equal to three times the height of the facility structure, including attached antennas. (c) All said facilities shall comply with the setback requirements of the underlying development zone. 2. Ground-level equipment associated with colocated/attached wireless telecommunication facilities shall meet the setback requirements of the underlying development zone. When the ground-level equipment is on a site abutting a residential zone or an existing residential use, this equipment shall be set back from the nearby residential property line(s) by at least 25 ft. c. Spacing 1. A facility greater than or equal to 100 ft. in height, including attached antennas, must be separated from other freestanding wireless telecommunication facilities by at least 3,000 ft. LDC December 18, 20004.9-9 2. A facility between 51 and 99 ft. in height, including attached antennas, must be separated from other freestanding wireless telecommunication facilities by at least 1,500 ft. 3. A facility under 51 ft. in height, including attached antennas, must be separated from other freestanding wireless telecommunication facilities by at least the height of the facility’s structure. d. Colocation 1. A freestanding wireless telecommunication facility shall be approved only if the applicant demonstrates that it is not feasible to site the facility on an existing structure. The application shall document that alternative sites within a radius of least 2,000 ft. have been considered and are technologically unfeasible or unavailable. The application also must document why colocation is impractical on existing structures for one or more of the following reasons: structural support limitations, safety considerations, lack of available space, failure to meet service coverage area needs, or unreasonable economic constraints. 2. Freestanding wireless telecommunication facilities shall be designed to accommodate future colocation, as follows: (a) Facilities up to 120 ft. in height shall accommodate at least two facilities/providers. (b) Facilities between 120 ft. and 150 ft. in height shall be designed to accommodate at least three facilities/providers. e. Compliance with Emission Standards - All facility applications shall contain documentation showing that the emissions of the proposed facility, and the cumulative emissions of this facility and any colocated or nearby facilities, will meet the occupational/controlled and general population/uncontrolled electromagnetic radiation emission standards established by the Federal Communications Commission, 47 CFR §1.1310. f. Painting - All facilities shall be painted in a non-reflective color to match the existing or attached structure and/or to blend into the surrounding environment. Alternative neutral colors may be approved by the Director. g. Landscaping/Screening - All ground-level facilities shall be screened in accordance with the provisions of section 4.2.50 of Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting. LDC December 18, 20004.9-10 h. Noise Reduction - All applications shall contain documentation showing that the noise levels from the proposed facility will meet the following standards: 1. A facility located on a site adjacent to a residential development zone or existing residential uses must limit noise levels to 35 dBA or less, as measured at the residential property line(s). 2. A facility located on any other site must comply with the industrial and commercial quiet-area noise standards established by the Oregon State Department of Environmental Quality, OAR 340-35-035, Table 9. i. Lighting - No lighting of wireless telecommunication facilities is allowed, except as required by the Federal Aviation Administration (FAA). Required lighting shall be shielded from the ground, to the extent practicable. The application for a facility subject to FAA requirements shall document compliance with FAA requirements. j. Signage - Warning and safety signs, up to 3 sq. ft. in area, are allowed. All other signs are prohibited. k. Site Access - Site access is subject to the provisions of section 4.1.40 of Chapter 4.1 - Parking, Loading, and Access Requirements. The facility operator shall implement measures to prohibit unauthorized site access. l. Decommissioning - A facility shall be removed by the facility owner or operator within six months from the date the facility ceases to be operational. The Director may grant a 6-month extension to this requirement. Requests for extensions must be in writing and must be received by the Director within the initial 6-month period. The property owner shall bear the ultimate responsibility for removal of decommissioned facilities. Section 4.9.70 - COMMERCIAL DAY CARE AND SCHOOL FACILITY REGULATIONS 4.9.70.01 - Area Per Child A minimum of 2,500 sq. ft. of outdoor play area shall be provided for 15 or fewer children, with 75 additional sq. ft. provided for each additional child. Any such play area within or abutting a residential zone or residential land uses shall be enclosed by a decorative wood fence or masonry wall, and shall have a minimum width of 5 ft. of landscape screening in accordance with the landscape screening provisions in Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting. The height of such fencing and landscape screening shall be a minimum of 6 ft. Where access to commercial day care facilities is provided by other than local streets, an off-street vehicular bay or driveway shall be provided for LDC December 18, 20004.9-11 the purpose of loading and unloading children. There shall be an indoor floor space reserved for play and/or school purposes of 40 sq. ft. per child. Section 4.9.80 - HOUSING TYPE VARIATION REQUIREMENTS PER RESIDENTIAL ZONE A variety of housing types shall be provided for residential developments, in accordance with the provisions outlined in Table 4.9-1 beginning on the next page. 4.9-12 Table 4.9-1 ALLOWED HOUSING TYPES BY ZONE BUILDING TYPES, PER CHAPTER 1.6 ALLOWED HOUSING TYPES BY ZONE HOUSING TYPES TO BE USED TO SATISFY VARIATION REQUIREMENTS (CHOOSE FROM THIS LIST TO MEET HOUSING VARIATION REQUIREMENTS)RS-3.5 RS-5 RS-6 RS-9 & RS-9(U) RS-12 & RS-12(U) RS-20 MUR Detached Single-Family 1. Detached SF # 1,200 sq. ft. 2. Detached SF , 1,200 sq. ft. Detached Single-Family (Zero Lot Line) 3. Detached SF # 1,200 sq. ft. 4. Detached SF , 1,200 sq. ft. Accessory Dwelling Unit 5. Accessory Dwelling Attached Single-Family (Zero Lot Line) (2 units) 6. Attached Single-Family (2 units) (ea. unit on an individual lot) Duplex 7. Duplex units Attached (more than 2 units) 8. Dwellings with 3-5 units (each unit on an individual lot or each unit individually owned within a multi-unit structure)*. Townhouses, Rowhouses, Flats, Condominiums. * RS-5 Zone limited to a max. of 3 attached units per structure Table 4.9-1 ALLOWED HOUSING TYPES BY ZONE BUILDING TYPES, PER CHAPTER 1.6 ALLOWED HOUSING TYPES BY ZONE HOUSING TYPES TO BE USED TO SATISFY VARIATION REQUIREMENTS (CHOOSE FROM THIS LIST TO MEET HOUSING VARIATION REQUIREMENTS)RS-3.5 RS-5 RS-6 RS-9 & RS-9(U) RS-12 & RS-12(U) RS-20 MUR 4.9-13 9. Dwellings with , 5 units (each unit on an individual lot or each unit with an individual ownership within a multi-unit structure). Townhouses, Rowhouses, Flats, Condominiums Multi-Dwelling 10. Triplexes and fourplexes (each unit not individually owned)* * RS-5 Zone limited to triplexes Multi-Dwelling, continued 11. Apartment buildings with , 4 units (each unit not individually owned) OPTION B for RS-12, RS-12(U), and 20 zones Minimum of three types of apartment buildings in terms of number of units per building (must vary by at least 2 units). Each type shall comprise at least 10 percent of the buildings (e.g., may have a combination of buildings with 8, 10, and 12 units/building, etc.) Minimum of two types of units in terms of number of bedrooms and each type shall comprise at least 25 percent of the total number of units: Dwelling units with # 1 bedroom Dwelling units with 2 bedrooms Dwelling units with $ 3 bedrooms 4.9-14 For RS-3.5, RS-5, RS-6, RS-9, and RS-9(U) zones: Darker shading indicates permitted housing and building types. (See next page for an explanation of lighter shading.) A. Developments less than 5 acres in size - No housing or building type variation requirements, although variations are encouraged. B. Developments 5-10 acres in size - At least two housing or building types required. Each required housing or building type shall be at least 20 percent of the total units. C. Developments greater than 10 acres in size - At least three housing or building types required. Each required housing or building type shall be at least 20 percent of the total units. For RS-12, RS-12(U), RS-20, and MUR zones: Lighter shading indicates permitted housing and building types. Dark shading indicates “Option B” discussed below. A. Developments less than 5 acres in size - No housing or building type variation requirements, although variations are encouraged. B. Developments 5-10 acres in size - Comply with Option A or Option B below: Option A Option B At least two housing or building types Comply with both apartment building and bedroom requirements in darkly shaded required (from lightly shaded choices) areas. Each required housing or building type shall be at least 20 percent of the total units. C. Developments greater than 10 acres in size: Comply with Option A or Option B below: Option A Option B At least three housing or building types Comply with both apartment building and bedroom requirements in darkly shaded required (from lightly shaded choices) areas. areas. Each required housing or building type Additionally, add a second housing or building type (from lightly shaded shall be at least 20 percent of the total units. choices) that is at least 20 percent of the total units. 4.10-1 LDC December 18, 2000 CHAPTER 4.10 PEDESTRIAN ORIENTED DESIGN STANDARDS Section 4.10.10 - PURPOSE The pedestrian oriented design standards in this chapter are established to do the following: a. Implement applicable policies of the Comprehensive Plan; b. Foster human-scale development that emphasizes pedestrian rather than vehicular features; c. Promote pedestrian oriented buildings, pedestrian amenities, and landscaping that contribute positively to an appealing streetscape; d. Promote an environment where developed areas, recreational areas, and multi-use paths are accessible to all; e. Promote pedestrian safety by increasing the visibility and vitality of pedestrian areas; f. Ensure direct and convenient access and connections for pedestrians and bicyclists; g. Augment the sidewalk and multi-use path system for pedestrians; h. Provide a connected network of sidewalks and multi-use paths; i. Encourage street activity to support livable neighborhoods and vital commercial areas; j. Ensure that developments contribute to the logical continuation of the City’s street and block form, and/or establish block patterns in parts of the City where they do not exist; k. Provide a sense of diversity and architectural variety, especially in residential areas, through the use of varied site design layouts and building types and varied densities, sizes, styles, and materials; 4.10-2 LDC December 18, 2000 l. Encourage development and building designs that promote crime prevention and personal and community safety; and m. Encourage development and building designs that maintain some level of privacy for individual dwelling units. Section 4.10.20 - APPLICABILITY The pedestrian oriented design standards shall apply to those chapters in the Code that reference compliance with this chapter. Section 4.10.30 - OPTIONS FOR REVIEW Three options are available for review of a development’s compliance with the pedestrian oriented design standards. These options include: a. Clear and Objective Review - Applications shall demonstrate compliance with the standards in this chapter. Compliance allows applications to proceed with ministerial review when they consist of outright permitted uses or when they have already obtained the necessary discretionary review approvals. b. Lot Development Option - Adjustments to the standards may be requested through the Lot Development Option procedures outlined in Chapter 2.12 - Lot Development Option. c. Discretionary Reviews Involving Public Hearings - Flexibility beyond the allowances described in “b” above may be requested as a Planned Development review. However, to achieve this flexibility, the provisions within Chapter 2.5 - Planned Development apply. Section 4.10.40 - APPLICATION OF STANDARDS a. Residential Uses - For all residential uses, the applicable residential standards shall apply. b. Commercial, Industrial, and Civic Uses - For all commercial, industrial, and civic uses, the applicable commercial, industrial, and civic standards shall apply. c. Mixed Use Buildings - For mixed use buildings, the applicable provisions for each use component shall apply to that portion of the building. For example, if a mixed use building has ground-floor retail and residential above, the standards for commercial, industrial, and civic uses shall apply to the commercial portion, and 4.10-3 LDC December 18, 2000 the residential standards shall apply to the remainder of the building. If a conflict exists between standards, the standard that provides more pedestrian amenities applies. d. Orientation to Streets - Where a lot or parcel fronts on three or more streets, the requirements of this chapter (e.g., building orientation, location of parking) apply to only two of these streets. Section 4.10.50 - STANDARDS FOR DETACHED SINGLE-FAMILY, 2-UNIT ATTACHED SINGLE-FAMILY, AND DUPLEX RESIDENTIAL BUILDING TYPES 4.10.50.01 - Building Orientation, Privacy, and Facades Adjacent to Pedestrian Areas a. Orientation of Dwellings - All dwellings shall be oriented to existing or proposed public or private streets (see Chapter 4.0 - Improvements Required with Development for public and private street standards), with the exception that accessory dwelling units constructed in accordance with Chapter 4.9 - Additional Provisions may be accessed from an alley. Private streets used to meet this standard must include the elements in Chapter 4.0. The orientation standard is satisfied when the following provisions are met: 1. Primary building entrances shall face the streets or be directly accessed by a sidewalk or multi-use path less than 100 ft. long; and 2. Primary dwelling unit entrances shall open directly to the outside and shall not require passage through a garage or carport to gain access to the dwelling. b. Privacy - If the side wall of a dwelling or accessory dwelling is on or within 3 ft. of the property line, ground-floor windows or other openings that allow for visibility into the side yard of the adjacent lot shall not be allowed. Windows that do not allow visibility into the side yard of the adjacent lot, such as a clerestory window or a translucent window, are allowed. c. Windows and Doors - Any facade facing streets, sidewalks, and multi-use paths (including garage facades) shall contain a minimum area of 15 percent windows and/or doors. Gabled areas need not be included in the base wall calculation when determining this minimum 15 percent requirement. 4.10-4 LDC December 18, 2000 d. Grading (Cuts and Fills) - Structures and onsite improvements shall be designed to fit the natural contours of the site by minimizing cuts and fills. Cuts and fills shall be considered to be minimized by not exceeding 8 vertical ft. for an individual cut or fill and not exceeding 16 vertical ft. for a combination cut/fill. The maximum cut or fill used to establish any driveway shall not exceed 8 vertical ft., except that overall vertical heights of these cuts or fills may exceed 8 ft. where slopes on a site exceed 20 percent. In these cases, an overall maximum vertical height of 14 ft. may be achieved by use of more than one cut or fill, provided that a minimum 5-ft. planted bench is constructed between the two cuts or fills (excepting that improvements such as sidewalks, stairs, patios, etc. that cross the bench are not planted). 4.10.50.02 - Ratio of Garage/Carport Facade to Street, Placement, and Materials a. Ratio of Garage/Carport Facade to Street for Dwellings with Front- Loaded Garages/Carports 1. Lots $ 50 Ft. in Width - For dwellings with front-loaded garages/carports (attached garages/carports with entrances facing the same street as the dwelling’s entrance), the width of the garage wall (not just the doors) or carport facing the street shall be no more than 50 percent of the length of the dwelling’s street-facing facade. 2. Lots < 50 Ft. in Width - For dwellings with front-loaded garages (attached garages with entrances facing the same street as the dwelling’s entrance), the area of the garage wall or facing the street shall be no more than 50 percent of the area of the dwelling’s street- facing facade. The area shall be measured in sq. ft. and, with the exception of gabled areas and second stories, the entire facade of the garage shall be measured (i.e., the interior of the garage would determine the width of the garage facade, not just the garage doors). For dwellings with front-loaded carports, the carports shall be subject to the same restrictions outlined in “1" above. 3. Exception - Where the street-facing facade of a dwelling is less than 24 ft. wide, the garage wall facing the street may be up to 12 ft. wide if the garage meets one of the following: 4.10-5 LDC December 18, 2000 (a) Interior Living Area above the Garage - The living area may not be set back more than 4 ft. from the street-facing garage wall; or (b) Covered Balcony - A covered balcony above the garage is: (1) At least the same width as the street-facing garage wall; (2) At least 6 ft. deep; and (3) Accessible from the interior living area of the dwelling unit. b. Garage and Carport Placement - Garages and carports shall be placed only as indicated in the options below. The applicant shall indicate the proposed options on plans submitted for building permits. Additionally, measurements may be taken from the second floor of homes, provided the second floor spans across the entire garage/carport. Garage/Carport Placement Options: 1. Vehicular entrances are at the rear of a dwelling unit (attached to or detached from the dwelling unit) and accessed from the street. Where two adjacent dwelling units use this option, a shared driveway shall be encouraged. 2. Vehicular entrances face the street and are recessed at least 4 ft. from the front wall of the dwelling. The recess from the front wall of the dwelling shall be measured from the front wall of the living space area, not from the front porch, a bay window, or other projection or architectural feature. 3. Vehicular entrances are accessed from an alley. Garage/carport setbacks from alleys are outlined in section 4.0.60.j of Chapter 4.0 - Improvements Required with Development. Garage/carport entrances may be located parallel to (facing) an alley, perpendicular to (not facing) an alley, or angled up to 45 degrees to an alley. 4. Vehicular entrances are perpendicular to the street (garage/carport is sideways). The garage wall facing the street shall provide a minimum area of 15 percent windows and/or doors. 4.10-6 LDC December 18, 2000 5. Vehicular entrances are oriented diagonally to the street. The garage wall facing the street shall provide a minimum area of 15 percent windows and/or doors. To determine whether the portion of the garage that “faces” the street complies with section 4.10.50.2.a, the width of the front garage wall shall be measured as the length of the leg of a right triangle parallel to the street, where the hypotenuse of the triangle is the front of the garage. 6. Vehicular entrances face the street and garages are located beneath the main floor and front door entrance to the dwelling unit, provided the garage/carport entrances are flush with or set behind the front wall of the dwelling unit. This option addresses the “basement garage” scenario in hillside areas. 7. Vehicular entrances face the street and are flush with or recessed up to 4 ft. from the front wall of the dwelling, and a front porch is provided with a minimum size of 6 ft. deep by 10 ft. wide (60 sq. ft.). A minimum of 60 percent of the porch shall be covered to provide weather protection. 8. Vehicular entrances face the street and are flush with or recessed up to 4 ft. from the front wall of the dwelling, and the garage/carport is a single-car garage/carport that is a maximum of 12 ft. wide. 9. Vehicular entrances face the street and are recessed at least 2 ft. from the front wall of the dwelling, and the dwelling includes a second floor that cantilevers over the garage/carport at least 2 ft. The recess from the front wall of the dwelling shall be measured from the front wall of the living space area, not from the front porch, a bay window, or other projection or architectural feature. Additionally, the second floor that cantilevers over the garage/carport shall run the full length of the garage/carport. c. Garage and Carport Materials - Garages and carports, when provided, shall be constructed of the same building materials as the dwelling. 4.10.50.03 - Menus for Pedestrian Features and Design Variety a. Pedestrian Features Menu - Each home shall incorporate a minimum of one of the following three pedestrian features. The applicant shall indicate the proposed options on plans submitted for building permits. While not all 4.10-7 LDC December 18, 2000 of the pedestrian features are required, the inclusion of as many as possible is strongly encouraged. 1. Elevated Finished Floor - An elevated finished floor a minimum of 2 ft. above the grade of the nearest street sidewalk or streetside multi-use path. 2. Front Porches/Patios - A front porch or front patio a minimum size of 6 ft. deep by 10 ft. wide (60 sq. ft.), and covered by a minimum of 60 percent to provide weather protection. 3. Sidewalk/Walkway to Front Door - A minimum 3-ft.-wide walkway constructed of a permanent hard surface (not gravel) and located directly between the street sidewalk and the front door. This walkway shall not be part of the driveway area. b. Design Variety Menu - Each home shall incorporate a minimum of three of the following eight building design features. The applicant shall indicate proposed options on plans submitted for building permits. While not all of the design features are required, the inclusion of as many as possible is strongly encouraged. 1. Roof Pitch - A minimum 4 to 12 roof pitch. 2. Increased Roof Pitch - A minimum 6 to 12 roof pitch. Provision of this increased roof pitch does not allow an applicant to count both this option and “1" above as options that have been met. An applicant shall receive “credit” only for “1" or this option. 3. Eaves - Eaves with a minimum 18-inch overhang. 4. Building Materials - At least two different types of building materials (including, but not limited to, stucco and wood, brick and stone, etc.) or a minimum of two different patterns of the same building material (e.g., scalloped wood and lap siding, etc.) on facades facing streets. These requirements are exclusive of foundations and roofs and pertain only to the walls of a structure. 5. Trim - A minimum of 2.25-inch trim or recess around windows and doors that face the street. Although not required, wider trim is strongly encouraged. 4.10-8 LDC December 18, 2000 6. Increased Windows - A minimum area of 20 percent windows and/or dwelling doors on facades (including garage facades) facing streets, sidewalks, and multi-use paths. Gabled areas need not be included in the base wall calculation when determining this minimum 20 percent calculation. 7. Architectural Features - At least one architectural feature included on dwelling facades that face the street. Architectural features are defined as bay windows, covered porches greater than 60 sq. ft. in size, balconies above the 1st floor, dormers related to living space, or habitable cupolas. If a dwelling is oriented such that its front facade (facade with the front door) is oriented to a sidewalk and no facades of the dwelling face a street, then the architectural feature may be counted if it is located on the front facade. 8. Architectural Details - Architectural details used consistently on dwelling facades. Architectural details are defined as exposed rafter or beam ends, eave brackets, windows with grids or divided lights, or pergolas/trellis work integrated into building facades. If a dwelling is oriented such that its front facade (facade with the front door) is oriented to a sidewalk and no facades of the dwelling face a street, then the architectural feature may be counted if it is located on the front facade. Section 4.10.60 - STANDARDS FOR ATTACHED SINGLE-FAMILY DWELLINGS 3 UNITS OR GREATER, TOWNHOME, TRIPLEX, FOURPLEX, AND APARTMENT RESIDENTIAL BUILDING TYPES 4.10.60.01 - Building Orientation, Entrances, and Facades Adjacent to Pedestrian Areas All building orientations, facades, and entrances shall comply with the following standards. a. Orientation of Buildings - All dwellings shall be oriented to existing or proposed public or private streets (see Chapter 4.0 - Improvements Required with Development for public and private street standards), with the exception that accessory dwelling units constructed in accordance with Chapter 4.9 - Additional Provisions may be accessed from an alley. Private streets used to meet this standard must include the elements in Chapter 4.0. 4.10-9 LDC December 18, 2000 Street Property Line ” Maximum Setback Area ‡ Property Line » 50% max. ” Building Frontage as Courtyard Area w/ Pedestrian AmenitiesBuilding Footprin t 8 Property Line 1. Primary building entrances shall face the streets or be directly accessed by a sidewalk or multi-use path less than 200 ft. long. Primary entrances may provide access to individual units, clusters of units, courtyard dwellings, or common lobbies. Entrances shall open directly to the outside and shall not require passage through a garage or carport to gain access to the doorway. 2. Open courtyard space may increase up to 50 percent of the building front beyond the maximum setback. Open courtyard space is usable space that shall include pedestrian amenities such as benches, seating walls, or similar furnishings, and shall include landscaping. For example, an apartment building in a Mixed Use Residential Zone is required to have a front yard setback of no more than 15 ft. If a developer desires to construct a “U-shaped” building with a pedestrian courtyard in the center, then one half the width of the building (based upon the lineal footage of the building’s street frontage) could be located farther back than the maximum setback of 15 ft. 3. Off-street parking and vehicular circulation shall not be placed between buildings and the streets to which those buildings are primarily oriented, except for driveway parking associated with single- family development. An exception may also be granted for up to two parking spaces per dwelling unit for triplexes, provided these spaces are within driveway areas designed to serve individual units within the triplexes. Parking to the side of buildings is allowed in limited situations, as outlined in section 4.10.60.02 below. 4.10-10 LDC December 18, 2000 100 ft. or more of frontage Street Maximum Setback Area ‡ Property Line » 50% ” Max. ‡ Property Line Building Footprin t 8 Property Line Less than 100 ft. of frontage Street Maximum Setback Area ‡ Property Line » 60% ” Max. ‡ Property Line Building Footprint 8 Property Line b. Percentage of Frontage - On sites with 100 ft. or more of public or private street frontage, at least 50 percent of the site frontage width shall be occupied by buildings placed within the maximum setback established for the zone, except that variations from this provision shall be allowed as outlined in section 4.10.60.01.a.2 above. For sites with less than 100 ft. of public or private street frontage, at least 40 percent of the site frontage width shall be occupied by buildings placed within the maximum setback established for the zone, except that variations from this provision shall be allowed as outlined in section 4.10.60.01.a.2 above. 4.10-11 LDC December 18, 2000 c. Windows and Doors - Any facade facing streets, sidewalks, and multi-use paths (including garage facades) shall contain a minimum area of 15 percent windows and/or doors. Gabled areas need not be included in the base wall calculation when determining this minimum 15 percent requirement. d. Grading (Cuts and Fills) - Structures and onsite improvements shall be designed to fit the natural contours of the site by minimizing cuts and fills. Cuts and fills shall be considered to be minimized by not exceeding 8 vertical ft. for an individual cut or fill and not exceeding 16 vertical ft. for a combination cut/fill. The maximum cut or fill used to establish any driveway shall not exceed 8 vertical ft., except that overall vertical heights of these cuts or fills may exceed 8 ft. where slopes on a site exceed 20 percent. In these cases, an overall maximum vertical height of 14 ft. may be achieved by use of more than one cut or fill, provided that a minimum 5-ft. planted bench is constructed between the two cuts or fills (excepting that improvements such as sidewalks, stairs, patios, etc. that cross the bench are not planted). 4.10.60.02 - Parking Location a. Standards 1. Parking lots shall be placed to the rear of buildings. Ministerial exceptions to this standard allow parking to the side of a building if required parking cannot be accommodated to the rear. These ministerial exceptions may be granted in the following cases: (a) Where lot depth is less than 75 ft.; (b) Where parking on the side would preserve significant natural features that exist to the rear of a site, and that would be disturbed by the creation of parking to the rear of structures on a site; (c) Where a common outdoor space at least 200 sq. ft. in size is proposed to the rear of a site, and parking in the rear would prohibit the provision of this common outdoor space area for residents of a development site; and/or (d) Where parking on the side would solve proximity issues between dwelling unit entrances and parking spaces. A 4.10-12 LDC December 18, 2000 proximity issue in this case involves a situation where a parking lot to the rear is in excess of 100 ft. from the entrances to the dwelling units being served by the parking lot. 2. On corner lots, parking areas shall not be located within 30 ft. of a roadway intersection, as measured from the center of the curb radius to the edge of the parking area (curb or wheel stop). 4.10.60.03 - Ratio of Garage/Carport Facade to Street, Placement, and Materials Provisions for the ratio of garage and carport facades to the street, placement, and materials shall be as outlined in section 4.10.50.02. 4.10.60.04 - Menus for Pedestrian Features and Design Variety a. Pedestrian Features Menu for Triplexes, Fourplexes, and Townhomes - Each triplex, fourplex, or townhome shall incorporate a minimum of one of the following three pedestrian features. The applicant shall indicate proposed options on plans submitted for building permits. While not all of the pedestrian features are required, the inclusion of as many as possible is strongly encouraged. 1. Elevated Finished Floor - An elevated finished floor a minimum of 2 ft. above the grade of the nearest street sidewalk or streetside multi-use path. 2. Front Porches/Patios - A front porch or front patio for each ground- floor dwelling unit, with a minimum size of 6 ft. deep by 10 ft. wide (60 sq. ft.), and with a minimum of 60 percent of the porch or patio covered to provide weather protection. 3. Sidewalk/Walkway to Front Door - A minimum 3-ft.-wide walkway constructed of a permanent hard surface (not gravel) and located directly between the street sidewalk and the front door. This walkway shall not be part of the driveway area. b. Design Variety Menu - Each structure shall incorporate a minimum of four of the following nine building design features. The applicant shall indicate proposed options on plans submitted for building permits. While not all of the design features are required, the inclusion of as many as possible is strongly encouraged. 4.10-13 LDC December 18, 2000 1. Roof Types - Roofs that have gable, hip, or gambrel forms (minimum pitch 4 to 12) with at least a 6-in. overhang. Mixed use buildings may provide flat roofs with a decorative cap, such as a parapet or cornice, that is a distinctive element from the main wall of the building. 2. Trim - A minimum of 2.25-in. trim or recess around windows and doors that face the street. Although not required, wider trim is strongly encouraged. 3. Building and Roof Articulation - Exterior building elevations that incorporate design features such as offsets, balconies, projections, window reveals, or similar elements to preclude large expanses of uninterrupted building surfaces. Along the vertical face of a structure, such features shall be designed to occur on each floor and at a minimum of every 45 ft. To satisfy this requirement, at least two of the following three choices shall be incorporated into the development: (a) Offsets or breaks in roof elevation of 3 ft. or more in height, cornices at least 2 ft. or more in height, or at least 2-ft. eaves; (b) Recesses (e.g., decks, patios, courtyards, entrances, etc.) with a minimum depth of 2 ft. and minimum length of 4 ft.; and/or (c) Extensions/projections (e.g., floor area, porches, bay windows, decks, entrances, etc.) that have a minimum depth of 2 ft. and minimum length of 4 ft. 4. Building Materials - Buildings shall have a minimum of two different types of building materials (including, but not limited to stucco and wood, brick and stone, etc.) or a minimum of two different patterns of the same building material (e.g., scalloped wood and lap siding, etc.) on facades facing streets. These requirements are exclusive of foundations and roofs, and pertain only to the walls of a structure. 5. Increased Eaves Width - Eaves with a minimum 18-in. overhang. 6. Increased Windows - A minimum area of 20 percent windows and/or dwelling doors on facades (including garage facades) facing streets, sidewalks, and multi-use paths. Gabled areas need not be included in the base wall calculation when determining this minimum 20 percent calculation. 4.10-14 LDC December 18, 2000 7. Increased Roof Pitch - A minimum 6 to 12 roof pitch with at least a 6-in. overhang. Provision of this increased roof pitch does not allow an applicant to count both this option and “1" above as options that have been met. An applicant shall receive “credit” only for “1" or this option. 8. Architectural Features - At least one architectural feature included on dwelling facades that face the street. Architectural features are defined as bay windows, oriels, covered porches greater than 60 sq. ft. in size, balconies above the first floor, dormers related to living space, or habitable cupolas. If a dwelling is oriented such that its front facade (facade with the front door) is oriented to a sidewalk and no facades of the dwelling face a street, then the architectural feature may be counted if it is located on the front facade. 9. Architectural Details - Architectural details used consistently on dwelling facades that face streets. Architectural details are defined as exposed rafter or beam ends, eave brackets, windows with grids or true divided lights, or pergolas integrated into building facades. If a dwelling is oriented such that its front facade (facade with the front door) is oriented to a sidewalk and no facades of the dwelling face a street, then the architectural feature may be counted if it is located on the front facade. 4.10.60.05 - Service Areas, Roof-Mounted Equipment, and Private Outdoor Space a. Service Areas - When provided, service areas (e.g., trash receptacles) shall be located to provide truck access and shall not be placed within any required setback area. When located outside a setback area, but within 5-10 ft. of a property line, such service areas shall be screened on all sides with a solid fence or wall at least 1 ft. higher than the equipment within the service area and also screened with landscaping (in accordance with landscape screening provisions of Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting). When located outside a setback area, but greater than 10 ft. from a property line, such service area shall still be screened, but may be screened with landscaping only (in accordance with landscape screening provisions of Chapter 4.2). Service areas for residential building types other than single-family, duplex, and triplex units shall be located a minimum of 20 ft. from both onsite and 4.10-15 LDC December 18, 2000 offsite residential buildings. Transformers shall also be screened with landscaping. When service areas are provided within alleys, the alleys shall be constructed in accordance with the provisions in Chapter 4.0 - Improvements Required with Development. b. Roof-Mounted Equipment - Roof-mounted equipment (heating, ventilation, air conditioning equipment, etc.) shall have screening features (such as a parapet, wall, or other sight-blocking feature) at least equal in height to the equipment and constructed of materials used in the building’s exterior construction. The roof-mounted equipment shall be painted to match the roof. c. Private Outdoor Space - Outdoor space shall be provided consistent with the outdoor space standards for the Mixed Use Residential Zone in Chapter 3.9 - Mixed Use Residential (MUR) Zone. 4.10.60.06 - Pedestrian Circulation a. Applicability These additional pedestrian circulation standards apply to all residential developments with eight or more units. b. Standards 1. Continuous Internal Sidewalks - Continuous internal sidewalks shall be provided throughout the site. Discontinuous internal sidewalks shall be permitted only where stubbed to a future internal sidewalk on abutting properties, future phases on the property, or abutting recreation areas and pedestrian connections. 2. Separation from Buildings - Internal sidewalks shall be separated a minimum of 5 ft. from dwellings, measured from the sidewalk edge closest to any dwelling unit. This standard does not apply to the following: (a) Sidewalks along public or private streets used to meet building orientation standard, or (b) Mixed use buildings and multi-family densities exceeding 30 units per acre. 4.10-16 LDC December 18, 2000 c. Connectivity - The internal sidewalk system shall connect all abutting streets to primary building entrances. The internal sidewalk system shall connect all buildings on the site and shall connect the dwelling units to parking areas, bicycle parking, storage areas, all recreational facility and common areas, and abutting public sidewalks and multi-use paths. d. Sidewalk and Multi-use Path Surface Treatment - Public internal sidewalks shall be concrete and shall be at least 5 ft. wide. Private internal sidewalks shall be concrete, or masonry; and shall be at least 5 ft. wide. Public multi-use paths (i.e., paths for bicycles, pedestrians, and emergency vehicles) shall be concrete and shall be at least 12 ft. wide. Private multi-use paths shall be of the same materials as private sidewalks, or asphalt, and shall be at least 12 ft. wide. All materials used for sidewalks and multi-use paths shall meet City Engineering standards. e. Crossings - Where internal sidewalks cross a vehicular circulation area or parking aisle, they shall be clearly marked with contrasting paving materials. Additional use of other measures to clearly mark a crossing, such as an elevation change, speed humps, or striping is encouraged. f. Safety Adjacent to Vehicular Areas - Where internal sidewalks parallel and abut a vehicular circulation area, sidewalks shall be raised a minimum of 6 in., or shall be separated from the vehicular circulation area by a minimum 6-in. raised curb. Landscaping that meets the requirements for separated sidewalks adjacent to streets shall be provided. g. Lighting - Lighting shall be provided consistent with the lighting provisions in Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting. Section 4.10.70 - STANDARDS FOR COMMERCIAL, INDUSTRIAL, AND CIVIC DEVELOPMENT 4.10.70.01 - Applicability a. All new commercial, industrial, and civic building types and associated features (such as parking lots) within all zones that refer to section 4.10.70 shall comply with sections 4.10.70.02 through 4.10.70.05. b. Independent or cumulative expansions of a commercial, industrial, or civic structure in existence and in compliance with the Code on December 31, 2000, or constructed after December 31, 2000 pursuant to a valid 4.10-17 LDC December 18, 2000 Conceptual or Detailed Development Plan approved on or before December 31, 2000, shall not be required to comply with this section provided that: 1. The expansion adds floor area of 500 sq. ft. or less; or 2. The expansion adds floor area of 3,000 sq. ft. or less and is equivalent to 20 percent or less of the existing structure's gross floor area. c. Independent or cumulative expansions of a commercial, industrial, or civic structure in existence and in compliance with the Code on December 31, 2000, or constructed after December 31, 2000 pursuant to a valid Conceptual or Detailed Development Plan approved on or before December 31, 2000, shall comply with the requirements of sections 4.10.70.02 through 4.10.70.05, subject to the following provisions that allow choices among some standards, provided that: 1. The expansion adds floor area of more than 3,000 sq. ft.; or 2. The expansion adds floor area of more than 500 sq. ft. and is equivalent to more than 20 percent of the existing structure's gross floor area. d. Pedestrian oriented design requirements for commercial, industrial, or civic structure expansions identified in section 4.10.70.01.c, above, are as follows: 1. Applicants shall choose at least four standards from sections 4.10.70.02 - Building Orientation and 4.10.70.03 - Pedestrian Circulation Standards, with a minimum of one standard from each (this criterion does not apply if the expansion/enlargement is an upper story addition only). If the expansion/enlargement is for space not open to customers or to the public, applicants must choose only one standard from section 4.10.70.02 and two standards from section 4.10.70.03. 2. New parking shall comply with the Vehicle Circulation and Design Standards in sections 4.10.70.04.b through 4.10.70.04.d. For new drive-throughs, 4.10.70.04.e shall apply. Site improvements and expansions shall comply with the grading requirements of section 4.10.70.02.f. 4.10-18 LDC December 18, 2000 3. Applicants shall choose the option in section 4.10.70.05.b.6.a or the option in section 4.10.70.05.b.6.b and, if in the Neighborhood Center Zone, applicants shall also comply with section 4.10.70.05.b.6.c. 4. Applicants shall choose at least two of the five standards from section 4.10.70.05.b.7.a through 4.10.70.05.b.7.e. If the expansion/enlargement is for space not open to customers or to the public, applicants must choose only one standard from section 4.10.70.05.b.7.a through 4.10.70.05.b.7.e. e. The required standards applicable to expansions shall be applied either to the portion of the building being expanded, or in equal proportion to portions of the original building not in compliance with respect to the standard. For example, where windows may be required, but the security of a proposed storage room is needed, the applicant may install windows on other portions of the building not in compliance with the window provisions to satisfy the requirements. f. Expansions proposed for sites containing existing parking lots not in compliance with the parking lot design standards in this chapter and in Chapter 4.1 - Parking, Loading, and Access Requirements, and containing parking spaces in excess of the minimum required for the existing development on the site shall first use the excess parking spaces to satisfy the parking requirements of the expansion, and shall modify those portions of the parking lot(s) associated with the proposed expansion in accordance with the design standards in this chapter and in Chapter 4.1. The modifications shall comply with the parking lot design standards to the maximum extent that they can be accommodated by the existing site development. 4.10.70.02 - Building Orientation All buildings shall be oriented to existing or proposed public or private streets (see Chapter 4.0 - Improvements Required with Development for public and private street standards). Buildings on corner parcels shall be oriented to both streets bordering the property. Private streets used to meet this standard must include the elements in Chapter 4.0. The building orientation standard is met when all of the following criteria are met: a. Street Frontage Setback - At least 50 percent of the building’s linear frontage is located within the maximum setback established for the zone for 4.10-19 LDC December 18, 2000 structures that have street frontage (except as provided elsewhere in this chapter for development in the Neighborhood Center Zone). Expansion of a structure existing prior to December 31, 2000, and in conformance with the Code on that date is deemed to meet this criterion, provided the area of expansion is between the street and the existing building frontage. b. Entrances - All building sides that face an adjacent (public or private) street include at least one customer entrance. When the site is adjacent to more than one street, corner entrances at an angle of up to 45 degrees (from the largest of the two adjacent streets) may be substituted for separate entrances on adjacent streets. If the building does not have frontage along an adjacent street, direct pedestrian access to the street may be achieved by a sidewalk or courtyard connecting to a street no farther than 100 ft. from the building’s pedestrian entrance. Buildings of less than 3,000 sq. ft. fronting on only one street may provide the customer entrance on the side of the building in lieu of the front, if a sidewalk or courtyard provides a direct pedestrian connection of less than 50 ft. between the entrance and the street. c. Parking and Vehicle Circulation - Off-street parking or vehicular circulation shall not be placed between buildings and streets used to comply with this standard. Where allowed by the underlying zone, outdoor vehicle display lots for sale of autos, noncommercial trucks, motorcycles, trailers with less than 10,000 lbs. gross cargo weight, motor homes, and boats may be located adjacent to streets. The parking lot perimeter landscaping requirements of section 4.2.40 of Chapter 4.2 shall be met. d. Neighborhood Center (NC) Zone Special Provisions - Buildings in the Neighborhood Center Zone shall comply with the following additional standards: 1. Buildings shall be oriented to designated shopping streets, public open space, or a public park; and 2. On designated shopping streets in the NC Zone, 80 percent of the building front shall be within the maximum setback. The maximum setback may be waived if pedestrian amenities occupy the extended setback area. Pedestrian amenities are defined in section 4.10.70.05. e. Exception for Enhanced Pedestrian Environment - Within a Minor Neighborhood Center, an exception to the requirement that all buildings on 4.10-20 LDC December 18, 2000 corner parcels front both streets may be granted through the process identified in Chapter 2.16 - Request for Interpretation if the proposed shopping street’s design and layout can be shown to provide a pedestrian environment that is clearly superior (through enclosure of the shopping street, etc.) to the environment that would result from the corner orientation. For Major Neighborhood Centers, such exceptions may be granted, based on the same standard, through the process identified in Chapter 2.10 - Major Neighborhood Center Master Site Plan Requirements. f. Grading (Cuts and Fills) - Structures and onsite improvements shall be designed to fit the natural contours of the site by minimizing cuts and fills. Cuts and fills shall be considered to be minimized by not exceeding 8 vertical ft. for an individual cut or fill and not exceeding 16 vertical ft. for a combination cut/fill. The maximum cut or fill used to establish any driveway shall not exceed 8 vertical ft., except that overall vertical heights of these cuts or fills may exceed 8 ft. where slopes on a site exceed 20 percent. In these cases, an overall maximum vertical height of 14 ft. may be achieved by use of more than one cut or fill, provided that a minimum 5-ft. planted bench is constructed between the two cuts or fills (excepting that improvements such as sidewalks, stairs, patios, etc. that cross the bench are not planted). 4.10.70.03 - Pedestrian Circulation Standards a. Requirements for New Development and Options for Expansions of a Commercial, Industrial, or Civic Structure, Consistent with Section 4.10.70.01.c 1. Continuous Internal Sidewalks and Multi-use Paths - A continuous internal sidewalk (and needed sidewalk crossings), no less than 5 ft. wide, shall be provided from public sidewalks or rights-of-way to all customer entrances, and between customer entrances of all buildings. Sidewalks shall be direct and convenient and form a network of walking routes. Internal multi-use paths shall be no less than 12 ft. wide. 4.10-21 LDC December 18, 2000 2. Sidewalks along Building Walls - Sidewalks no less than 5 ft. wide shall be provided along the full length of building walls featuring a customer entrance and along any wall parallel to and abutting parking areas larger than eight parking spaces, except in situations where the sidewalk would not provide connectivity between an entrance and parking area. Where sidewalks are adjacent to buildings (except for along shopping streets), a 5-ft.-wide foundation landscape strip and/or weather protection with planters shall be provided. 3. Separation and Distinction from Driving Surfaces - Where any internal sidewalk is parallel to and abuts a vehicular circulation or parking area, the sidewalk shall be raised and separated from the vehicular circulation or parking area by a raised curb at least 6 in. in height. In addition to this requirement, a landscaping strip at least 5 ft. wide, or wheel stops with landscaping strips at least 4 ft. wide, are strongly encouraged to enhance the separation of vehicular from pedestrian facilities. 4. Sidewalk and Multi-use Path Surface Treatment - Public internal sidewalks shall be concrete and shall be at least 5 ft. wide. Private internal sidewalks shall be concrete or masonry pavers, and shall be at least 5 ft. wide. Public multi-use paths (i.e., paths for bicycles, pedestrians, and emergency vehicles) shall be concrete, and shall be at least 12 ft. wide. Private multi-use paths shall be of the same materials as private sidewalks, or asphalt, and shall be at least 12 ft. wide. All materials used for public sidewalks and multi-use paths shall meet City Engineering standards. 5. Crossings - Where any internal sidewalk crosses an internal street, driveway, or parking aisle, the sidewalk shall be clearly marked with contrasting paving materials. Additional use of other measures to 4.10-22 LDC December 18, 2000 clearly mark a crossing, such as an elevation change, speed humps, or striping, is encouraged. 6. Connection to Adjacent Properties or Streets - In addition to the sidewalk connections required by the block development standards in Chapter 4.0 - Improvements Required with Development, sidewalk connections shall be provided between internal sidewalk networks and all adjacent planned streets, sidewalks, and multi-use paths. Multi-use paths shall be connected with adjacent multi-use paths, sidewalks, and/or bike lanes. Where appropriate, such connections shall also be provided to adjacent residential properties. 7. Planting Strips - For lots abutting existing streetside sidewalks, sidewalks shall be reconstructed with a planting strip consistent with the requirements in Chapter 4.0. b. Additional Requirement for New Development and Additional List of Options for Expansions of a Commercial, Industrial, or Civic Structure, Consistent with Section 4.10.70.01.d.1 New development shall comply with one of the following five options. Expansions in accordance with section 4.10.70.01.c shall merely add this list of choices to the choices presented in section 4.10.70.03.a to obtain a larger list of options to comply with the requirements of section 4.10.70.01.d.1. Options: 1. Driveway Consolidation - Removal of at least one driveway through outright removal or access consolidation, such that the net number of driveways for the site is at least one less than prior existing conditions for the site. 2. Landscape Buffer - Construction or expansion of a landscape buffer that creates a landscape buffer 20 ft. wide, where either no landscape buffer exists or where a landscape buffer of less than 20 ft. wide exists, between the back of a sidewalk and existing vehicle parking or circulation areas. 3. Reduced Parking - Establishment of an agreement that shares parking between the subject site and an abutting site and results in a reduction of total parking spaces for the subject site to 90 percent 4.10-23 LDC December 18, 2000 or less of the required minimum. Such shared parking agreements may be used, provided the applicant demonstrates an adequate supply of parking for each use. Identification of surplus parking during peak periods, or surplus capacity provided due to off-peak use, are methods of demonstrating this adequacy. 4. Covered Walkways - Installation of weather protection resulting in covered pedestrian walkways between and around all buildings and between the primary building and adjacent public pedestrian facilities. 5. Notarized Letter - Where development is proposed on property adjacent to existing 5-lane arterial streets or highways, recording a signed and notarized letter with the Benton County Clerk from the owner of the development site agreeing not to oppose construction of a future median or pedestrian refuge. 4.10.70.04 - Vehicle Circulation and Design Standards a. Parking Lots - Parking lots shall be placed to the rear of buildings in accordance with section 4.10.70.02. Administrative exceptions to this standard are allowed. To the extent that required parking cannot be located to the rear of the building due to other requirements of this Code or unusual site constraints, the amount of parking and vehicle circulation that cannot be accommodated to the rear of the building may be provided only to the side of the building. “Other requirements of this Code” may include, but are not necessarily limited to, significant natural resource protection provisions in Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting; vehicle parking, loading, and circulation requirements in Chapter 4.1 - Parking, Loading, and Access Requirements; and floodway/floodplain maintenance requirements in Chapter 4.5 - Flood Control and Drainageway Provisions. Unusual site constraints may include parcels fronting more than two streets, irregular lot configuration, weak foundation soils, or other physical site factors that constrain development when considered with Uniform Building Code requirements. b. Corner Parcels - Parking areas shall not be located within 30 ft. of a roadway intersection, as measured from the center of the curb radius to the edge of the parking area (curb or wheel stop). 4.10-24 LDC December 18, 2000 c. Parking Lot Access - Commercial driveway approaches shall be used to access parking lots from public streets. Parking lot approaches shall be located no closer than 50 ft. from local street intersections (as measured from the intersection of two rights-of-way lines). Approaches on collector and arterial streets shall comply with parking lot approach standards provided in Chapter 4.1. d. Neighborhood Center (NC) Zone Special Provisions - Parking in the Neighborhood Center Zone shall comply with the following additional standards: 1. Off-street parking shall be located behind new buildings and building expansions for buildings constructed after adoption of this Code; 2. Exceptions to this standard for new buildings may be requested only in association with a Planned Development application in accordance with Chapter 2.5 - Planned Development; 3. Exceptions to this standard for expansion of a building in existence prior to December 31, 2000, may allow parking on the side of a building to the extent that required parking cannot be located to the rear due to other requirements of this Code or unusual site constraints (identified in section 4.10.70.04.a above), and provided that the parking at the side of the building does not exceed 20 percent of the total minimum parking for the building. 4. On-street parking along the property’s frontage may count toward minimum parking requirements in the NC Zone. e. Drive-Through Facilities 1. Internal driveways are prohibited between buildings and streets to which the building entrances are oriented, except for car washes and fuel sales pursuant to “3" below. 2. Drive-Through Facilities uses are prohibited in the Minor NC Zone. In other commercial zones, drive-through facilities are allowed provided “1" above is met. Pedestrian areas shall be buffered from drive- through vehicles in accordance with Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting. 3. Car Washes and Fuel Sales uses may include internal driveways, drive aisles, accessways, and queuing lanes between the building 4.10-25 LDC December 18, 2000 (meeting setback requirements) and street to which the building entrances are oriented, subject to the following standards: (a) Pedestrian areas shall be buffered from drive-through vehicles in accordance with Chapter 4.2; (b) A minimum 8-ft.-wide landscape buffer shall be provided between the vehicular circulation areas of the use and any sidewalk within the public street rights-of-way; and (c) When building entrances are separated from sidewalks by drive-through facilities, contrasting paving materials shall be required to ensure safe, direct, and convenient crossings. In addition, raised elevation warning signs and/or landscaping walls are encouraged to enhance safe, direct, and convenient crossings and to further buffer pedestrian areas from drive- through facilities. 4.10.70.05 - Standards and Menus for Pedestrian Features and Design Variety a. Pedestrian Amenities Standards 1. Weather Protection - Where new commercial and civic development is constructed immediately adjacent to (abutting) street sidewalks or pedestrian plazas, a minimum 6-ft.-wide, weather-protected area (e.g., awnings or canopies) shall be provided and maintained along at least 60 percent of any building wall immediately adjacent to the sidewalks and/or pedestrian plazas. An additional requirement shall include a minimum 8-ft. vertical clearance (9 ft. for balconies) between the sidewalk and the lowest portion of the weather protection. 2. Pedestrian Amenity Requirements - All new development and substantial improvements shall provide pedestrian amenities as defined by this section. The number of pedestrian amenities provided shall comply with the following sliding scale: Size of Structure or Substantial Improvement Number of Amenities < 5,000 sq. ft. 1 5,001 - 10,000 sq. ft. 2 Size of Structure or Substantial Improvement Number of Amenities 4.10-26 LDC December 18, 2000 10,001 - 50,000 sq. ft. 3 > 50,000 sq. ft. 4 3. Acceptable Pedestrian Amenities - Acceptable pedestrian amenities include: (a) Sidewalks with ornamental treatments (e.g., brick pavers), or sidewalks 50 percent wider than required by this Code; (b) Sidewalk planters with benches and public outdoor seating; (c) Significant public art (e.g., sculpture, fountain, clock, mural, etc.); (d) Mini parks or plazas (minimum usable area of 300 sq. ft.); and (e) Street trees of a caliper 50 percent wider than required by this Code (may include preservation of healthy mature trees adjacent to the street sidewalk). 4. Accessibility of Pedestrian Amenities - Pedestrian amenities shall be visible and accessible to the general public from an improved street. Access to mini parks, plazas, and sidewalks shall be provided via a public right-of-way or a public access easement. b. Design Standards and Design Variety Menus 1. Encroachments - Special architectural features, such as bay windows, decorative roofs, and entry features may, with City Council approval, project up to 3 ft. into public rights-of-way, provided that they are not less than 9 ft. above the sidewalk. Trellises, canopies and fabric awnings may project 6.5 ft. into setbacks and public rights- of-way, provided that they are not less than 8 ft. above the sidewalk. No such improvements shall encroach into alley rights-of-way. 2. Loading/Service Facilities - Loading and service areas (e.g., trash enclosures) shall be located to minimize conflicts with public pedestrian areas, screened in accordance with Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and 4.10-27 LDC December 18, 2000 Lighting, provide convenient access for trucks, and shall minimize noise and other impacts with adjoining uses. Service areas shall be located to the back or sides of buildings, or in alleys where available. Loading dock doors are encouraged to be placed in recessed areas or between buildings to minimize impacts to the pedestrian and human-scale aspects of the development. 3. Roof-Mounted Equipment - Roof-mounted equipment (e.g., heating, ventilation, and air conditioning equipment) shall be screened. Screening features (such as a parapet, wall, or other sight-blocking feature) shall be at least equal in height to the equipment, compatible with roof lines, and constructed of materials used in the building’s exterior construction. The roof-mounted equipment shall be painted to match the roof. 4. Sign Standards (a) Pole-mounted, freestanding signs are prohibited in NC zones. (b) Blade signs placed under awnings are allowed along shopping streets. (c) Remaining sign provisions are in accordance with Chapter 4.7 - Sign Regulations. 5. Lighting Standards - Lighting shall be provided consistent with the lighting provisions in Chapter 4.2 - Landscaping, Buffering, Screening, Natural Resource Protection, and Lighting. 6. Windows - The following shall apply to placement and type of windows: (a) Ground-Floor Windows and Doors - Except for the Neighborhood Center Zone (refer to “c” below), a minimum of 60 percent of the length and 25 percent of the first 12 ft. in height from the adjacent grade of any street-facing facade shall contain windows and/or glass doors. (An exception may be granted if the expansion/enlargement is for space neither adjacent to a street nor open to customers or the public.) Additional requirements for windows shall include the following: 4.10-28 LDC December 18, 2000 (1) Ground-floor windows shall be framed by bulkheads, piers, and sills (e.g., recessed window) where applicable, and shall have a top treatment such as a hood, awning, or a storefront cornice separating the ground floor from the second story. (The “Base Treatment” standards under section 4.10.70.05.b.7.d below and the “Top Treatment” standards under section 4.10.70.05.b.7.e below shall be used as a guide for providing “bulkheads” and “cornices” that meet this standard.) Alternatively, all ground-floor windows shall provide a minimum 3-in. trim or recession. (2) Window Type - Ground-floor windows used to comply with section 4.10.70.05.b.6.a shall meet all of the following standards: (a) Opacity of greater than 60 percent prohibited for any required window; and (b) Ground-floor windows shall allow views from adjacent sidewalks into working areas or lobbies, pedestrian entrances, or display windows set into the wall. Display cases attached to the outside wall do not qualify. The bottom of windows shall be no more than 4 ft. above the adjacent exterior grade. (b) Windows on Commercial Stories above Ground Floor - Each facade on commercial stories above the ground floor and that faces a street or other area accessible to the public shall include at least 20 percent window coverage. (c) Neighborhood Center Special Window Provisions - For walls facing shopping streets, a minimum of 75 percent of length and 50 percent of the first 12 ft. in height from the adjacent grade of any street-facing wall shall contain windows and/or glass doors. Public art, mini parks, and/or plazas, as defined in section 4.10.70.05.a.3 may substitute for up to 50 percent of the required window area if construction is of permanently fixed, durable materials. 7. Design Variety Menu - Each structure shall incorporate a minimum of three of the following five building design features. The applicant 4.10-29 LDC December 18, 2000 shall indicate proposed options on plans submitted for building permits. While not all of the design features are required, the inclusion of as many as possible is strongly encouraged. (a) Building Walls - Building walls in excess of 30 ft. in length shall not exceed a height/width ratio of 1:3 without a change in height of at least 4 ft. (b) Maximum Wall Segments - All building wall segments on all sides of buildings visible from public areas or adjacent uses shall be a maximum of 30 ft. in length. Building wall segments shall be distinguished by architectural features including at least one of the following: columns, reveals, ribs or pilasters, and piers, recesses, or extensions. The segment length may be increased to a maximum of 60 ft. if the segment contains integral planters, public art, or permanent seating (e.g., seating wall) that conform to the accessibility standards in section 4.10.70.05.a.4. (c) Entrances - Primary building entrances shall be clearly defined by recess or projection, and shall be framed by a sheltering element such as an awning, overhang, arcade, or portico. (d) Base Treatments - A recognizable “base” consisting of at least one of the following: (1) Thicker walls (e.g., bulkhead), ledges, or sills as viewed from the exterior of the building; (2) Integrally textured materials such as stone, stucco, or other masonry; (3) Integrally colored and patterned materials such as smooth-finished stone or tile; (4) Lighter or darker colored materials, mullions, or panels; (5) Detailing such as scoring, ribbing, moldings, or ornamentation; or (6) Planters integral to the building. 4.10-30 LDC December 18, 2000 (e) Top Treatments - A recognizable “top” consisting of at least one of the following: (1) Cornice treatments, other than colored “stripes” or “bands” that are integral to the building design. Materials such as stone, masonry, brick, wood, galvanized and painted metal, or other colored materials shall be used; (2) Sloping roof (4:12 or greater) with overhangs. Overhangs may be boxed with moldings (e.g., modillions, dentils, or other moldings, as applicable), or contain brackets; or (3) Stepped parapets.