Within 30 days of an application being received, the Director
will evaluate the application for completeness according to subsections
(A) through (E) below.
(A)
An application must be submitted to the Director as provided in SDC
5.1.215, 5.1.220, and 5.1.225.
(B)
An application will be evaluated for completeness with applicable
application submittal standards of SDC 5.1.220.
(C)
Supplementation of Application Within First 30 Days of Submittal. An applicant may not submit any supplemental information for an application within the first 30 days following acceptance of the application or until the application has been deemed complete, whichever is first, except when requested according to subsection (E) below, or otherwise authorized by the Director. Any supplemental information submitted by an applicant in violation of this section will not be considered in determining whether the application is complete and will be returned to the applicant.
(D)
Complete Application. An application will be deemed complete if the application submittal standards have been fully satisfied upon initial filing or through the procedures set forth in subsection (E)(1)-(3) below. When the Director deems the application complete, the Director will notify the applicant in writing. If the Director has not issued in writing a completeness determination within 30 days from the date the application is received by the Director, the application is automatically deemed complete on the 31st day after it was received.
(E)
Incomplete Application. Except as otherwise provided for through
a Completeness Check Meeting, if a Type 2 or Type 3 application is
incomplete, the City must notify the applicant in writing of exactly
what information is missing within 30 days of receipt of the application
and allow the applicant to submit the missing information. The application
will be deemed complete for the purpose of SDC 5.1.410(1) upon receipt
by the Director of:
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(A)
(B)
100-Day Time Limit.
(2)
“Affordable housing”
“Multifamily residential building”
Definitions. For the purposes of this section only, the following
definitions apply:
means housing that is affordable to households with incomes
equal to or less than 60 percent of the median family income for the
county in which the development is built or for the state, whichever
is greater.
means a building in which 3 or more residential units each
have space for eating, living and sleeping and permanent provisions
for cooking and sanitation.
(3)
An application qualifies for a final action within 100 days under
this subsection if:
(a)
The application is for development of a multifamily residential building
containing 5 or more residential units within the urban growth boundary;
(b)
At least 50 percent of the residential units included in the development
will be sold or rented as affordable housing; and
(c)
The development is subject to a covenant appurtenant that restricts
the owner and each successive owner of the development or a residential
unit within the development from selling or renting any residential
unit described in paragraph (b) of this subsection as housing that
is not affordable housing for a period of 60 years from the date of
the certificate of occupancy.
(C)
Void Application. On the 181st day after first being submitted, an
incomplete application is void if the applicant has been notified
of missing information and the application has not been deemed complete
according to SDC 5.1.405(E)(1) through (3).
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(A)
A Type 2 application involves the Director’s interpretation
and exercise of discretion when evaluating approval standards. Uses
or development evaluated through this process are uses that are conditionally
permitted or allowed after Director review that may require the imposition
of conditions of approval to ensure compliance with development and
approval standards.
(B)
A Type 2 decision is made by the Director after public notice, but
without a public hearing, unless appealed. A Type 2 application is
reviewed according to the procedures below, unless the Director determines
that the application should be reviewed as a Type 3 decision. A Type
2 decision may be appealed according to SDC 5.1.800.
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(A)
A Type 3 quasi-judicial application involves discretion but implement
established policy. A request will generally be considered a quasi-judicial
decision if it involves the following factors:
(1)
The process is bound to result in a decision;
(2)
The decision is bound to apply preexisting criteria to concrete facts;
and
(3)
The action is customarily directed at a closely circumscribed factual
situation or small number of persons.
Although no factor is considered determinative and each must
be weighed, the more definitively these factors are answered affirmatively,
the more it will be considered a quasi-judicial decision.
(B)
A Type 3 decision is made by the following Hearings Authority after
a public hearing following the quasi-judicial hearings procedures
of SDC 5.1.500:
(1)
A Type 3 application that does not require adoption of an ordinance
and that involve property entirely within city limits are made by
the Planning Commission.
(2)
A Type 3 application that involves property entirely or partially
outside of city limits and entirely within the Springfield Urban Growth
Boundary are made by the Hearings Officer.
(3)
The City Council is the sole approval authority for vacations and
annexations.
(4)
The City Council is the final decision maker in a Type 3 development
application that require the adoption of an ordinance and are within
city limits, including, but not limited to, site-specific comprehensive
plan or refinement plan amendments. Except for vacations and annexations,
the Planning Commission will conduct a quasi-judicial public hearing
and make a recommendation to the City Council to approve, approve
with conditions, or deny the application.
(5)
The City Council and Lane County Board of Commissioners are the final
decision-makers for a Type 3 development application that requires
adoption of an ordinance and are entirely or partially outside city
limits but within the Springfield Urban Growth Boundary, including
but not limited to site-specific comprehensive plan or refinement
plan amendments, according to the procedures in SDC 5.14.130.
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(A)
Notice of a Type 2 application must be mailed at least 14 days prior
to the issuance of a decision to persons listed below. Notice of a
Type 3 application must be mailed at least 20 days before the hearing,
or if more than 1 hearing is provided, at least 10 days before the
first hearing. The applicant is responsible for the cost (i.e., mailing,
etc.) of any notice. The notice must include all the applicable information
specified under SDC 5.1.430. Written notice must be sent by mail to
the following persons:
(B)
The notice requirements of this section will be deemed met when the
Director can provide an affidavit or other certification that such
notice was given.
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All required mailed notices must contain the following:
(A)
A map locating the subject property;
(B)
Identification of the application by City case number;
(C)
Identification of the subject property by reference to the Lane County
assessment map and tax lot number, and the property address/location;
(D)
Identification of the property owner and applicant;
(E)
An explanation of the nature of the application and the proposed
use or uses that could be authorized by the decision;
(F)
The applicable approval criteria from this code or from an applicable
comprehensive plan, functional plan, or refinement plan that applies
to the decision;
(G)
The name and phone number of the assigned planner;
(H)
If the application proposes a change to a zoning map, refinement
plan map, or comprehensive plan map, a copy of the map that is to
be altered;
(I)
A statement that the application, all documents and evidence relied
upon by the applicant, and the applicable standards are available
for inspection at no cost and that copies will be provided at reasonable
cost;
(J)
The date, time, and location of any hearing or date by which written
comments must be received;
(K)
A statement that any person may comment in writing and include a
general explanation of the requirements for submission of testimony
and the procedures for conduct of testimony including, but not limited
to, a party’s right to request a continuance or to have the
record held open;
(L)
A statement briefly summarizing the local decision-making process
for the particular application;
(M)
For Type 2 applications, a statement that issues which may provide
the basis for an appeal must be raised in writing prior to the expiration
of the comment period, and that issues must be raised with sufficient
information to enable the Approval Authority to respond to the issue;
and
(N)
For Type 3 applications, a statement that failure to raise an issue
in a hearing, in person or in writing, or failure to provide statements
or evidence sufficient to afford the Approval Authority an opportunity
to respond to the issue preclude appeal to the Oregon Land Use Board
of Appeals based on that issue.
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Notice of a Type 2 or Type 3 application must be posted on the
subject property by the applicant/property owner throughout the duration
of the required public comment period. The applicant must post 1 sign,
approved by the Director, on the subject property that is located
within 10 feet of any abutting public way. Failure of applicant/property
owner to maintain posting of the sign throughout the duration of the
required public comment period does not invalidate a land use approval.
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(A)
Notice of a Type 3 application must be published in a newspaper of
general circulation in the City of Springfield at least 20 days before
the hearing, or, if more than 1 hearing is provided, at least 10 days
before the first hearing.
(B)
The published notice must include the time and place of the hearing
and contain a statement describing the general subject matter of the
ordinance under consideration.
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(A)
Review and Decision. Upon determination of completeness required
by SDC 5.1.405, a Type 2 or 3 application will be reviewed according
to the following procedures:
(1)
Notice of application will be made if required or elected by the
Director or applicant, as provided in SDC 5.1.425, 5.1.435, and 5.1.440.
(2)
Any person may comment in writing on an application within 14 days
from the date notice was mailed or a longer period as specified in
the notice for a Type 2 application, or until the close of the public
record for a Type 3 application.
(3)
The Director must distribute the application to the Development Review
Committee and the Historic Commission for comments as applicable.
(4)
At the conclusion of the comment period specified by the notice of
application, or upon determination of application completeness if
notice of application is not required or elected by the Director or
applicant, the application and written comments will be reviewed and
a written decision prepared.
(5)
Each decision must include a finding as to when the proposed Type
2 or 3 application was deemed complete and formally accepted as such
by the Director.
(6)
Each decision must include a finding that the property subject to
the proposed land use action is a lot of record as that term is defined
in this code.
(7)
Approval or denial of a Type 2 or 3 application must be based upon
and accompanied by a written statement that explains the standards
considered relevant to the decision, states the facts relied upon
in rendering the decision, and explains the justification for the
decision based upon the standards and facts set forth.
(8)
Any portion of an application not addressed in a Approval Authority’s
decision is deemed to have been denied.
(9)
Notice of the Hearings Authority’s decision must be in writing
and mailed to all parties within 2 days of the date of the written
decision. However, 1 person may be designated by the Approval Authority
to be the recipient of the decision for a group, organization, group
of petitioners or similar collection of individual participants.
(10)
If the decision changes an acknowledged comprehensive plan or land
use regulation, notice must be provided to the Department of Land
Conservation and Development according to ORS 197.615.
(11)
A Type 2 or 3 decision may be appealed according to the procedures
in SDC 5.1.800.
(B)
Final Decision. A decision on a Type 2 or 3 application is not final
until the Approval Authority issues a written decision, the decision
or notice of the decision has been mailed, and the appeal period to
the next higher Approval Authority within the City has expired.
(C)
Appeal to the Oregon Land Use Board of Appeals (LUBA). Appeals of
the final City decision by the Hearings Officer or City Council may
be appealed to the Land Use Board of Appeals according to ORS 197.830,
as further described at SDC 5.1.800.
(D)
Unless a temporary use permit has been issued, no building permit
will be issued until a decision is final. Appeal of a final decision
to LUBA does not affect the finality of a decision for purposes of
issuing building permits, unless stayed by LUBA or by court order.
If an applicant elects at their own discretion to proceed under a
land use action with a pending LUBA appeal, they must proceed only
if:
(1)
The applicant accepts each and every risk of loss and damage that
may result if the application is reversed or modified or denied upon
remand, and further agrees in writing to hold the City, its officers,
agents, and employees harmless from such loss and damage.
(2)
The applicant agrees in writing to restore the site to its original
condition if the application for the land use approval is reversed
or denied upon remand, or to modify or restore any portions of the
site as required by a decision that is modified upon remand.
(3)
The applicant posts a bond or other form of security acceptable to
the Approval Authority in an amount sufficient to cover the costs
of restoration of the site to its pre-approval condition.
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(A)
An applicant may modify an application at any time during the approval
process up until the issuance of a Type 2 decision, or the close of
the record for a Type 3 decision, subject to the provisions of SDC
5.1.405 and this section.
(B)
The Approval Authority must not consider any evidence submitted by
or on behalf of an applicant that would constitute modification of
an application (as that term is defined in SDC 6.1.100, Definitions),
unless the applicant submits an application for a modification, pays
all required modification fees and agrees in writing to restart the
120-day time limit as of the date the modification is submitted. The
120-day time limit for an application, as modified, may be restarted
as many times as there are modifications up to a total of 365 days
from the day the application was accepted as complete.
(C)
The Approval Authority may require that the application be re-noticed
and additional hearings be held.
(D)
Up until the issue of a Type 2 decision or the day a hearing is opened
for receipt of oral testimony for a Type 3 decision, the Director
has the sole authority to determine whether an applicant’s submittal
constitutes a modification. After such time, the Hearings Authority
makes any modification determination. For both Type 2 and Type 3 decisions,
the Approval Authority’s determination on whether a submittal
constitutes a modification is appealable only to LUBA and is appealable
only after a final decision is entered by the City on an application.
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Any change initiated by an individual that includes a plan amendment
and zone change for specific real property may be accompanied by the
appropriate applications for a specific development proposal. Approval
of such a plan amendment and zone change accompanied by a specific
development proposal may be conditioned upon initiation of the development
proposal within a specified time period, at the discretion of the
Hearings Authority, to ensure no greater intensity of use than that
contemplated in the proceeding. Approvals of site-specific plan amendments
and zone changes that are not accompanied by applications for a specific
development proposal must be based on evaluation of the highest impact
uses authorized in the proposed zone.
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