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Background
You are the staff planner for Lakeside (pop. 1,500), Oregon. A developer recently submitted an application for the proposed "Sweetwater Estates" subdivision. The subdivision has the following attributes:
- 76 Single family lots
- 25.25 acres
- Average lot size of 11,000 sf
- 35.5% of the subdivision area will be for streets
- 2.4 acres will be in open space
The subdivision is proposed for manufactured homes and is intended to serve the needs of low-income residents. The land is in the general commercial (G-C) zoning district and has a Planned Residential (P-R) plan designation. Surrounding land uses include residential to the north and west, commercial to the south and light industrial to the east.
Eight acres of the site also fall within the 100-year floodplain and may have wetlands present. That area falls within the Floodplain (F-P) overlay district. About 4 acres of the site have slopes in excess of 15%.
The City generally has adequate facilities to service the area, however, the development would require a 500’ extension of water and sewer mains. The extensions are not identified in the City’s CIP.
The attached maps show the preliminary subdivision plat.
The Request
In addition to approval of the preliminary subdivision plat, the applicant is requesting a zone change from General Commercial (G-C) to Multifamily Residential (M-R). This is the first step of the subdivision approval process. If the preliminary plat and zone change are approved, the applicant will submit a final plat plan and develop the subdivision. The City has assigned the request a file number: 99-ZC-003.
Relevant Policies and Criteria The applicant submitted the application on February 15, 1999. The City has 120 days to process the application including preparing a staff report and holding a public hearing. In preparation for a conference with the developer, you review the application and the comprehensive plan and zoning ordinances and identify the following applicable criteria. Full copies of the planning documents are available in Room 119, Hendricks Hall. Comprehensive Plan Policies Land Use DesignationsThis classification is intended to encourage the use of innovative residential development for large land areas. Both Planned Unit Development (PUD) concepts and other innovative subdivision approaches would be appropriate types of development. Greater flexibility for integrated single and multifamily units and open space areas can be achieved along with more diverse options for lot size, densities, and land uses within these approaches.Planned Residential - PR
Economy
Goal:
To enhance the economic well-being of Lakeside while protecting the natural processes of the environment commensurate with the character of the city.
Policies:
1. The designation of appropriate areas for commercial and industrial uses shall be included in the Lakeside Comprehensive Plan.
3. Future economic development shall be consistent with zoning and plan designation.
Natural Resources
Goal:
1. To encourage the land use most compatible with the soil type. To encourage further understanding and wise use of soils.
Objectives:
7. To identify areas subject to slides in order to encourage adequate precautions in development of such areas.
8. To identify areas where soil limitations may affect the feasibility of development.
9. To identify areas subject to flooding in order to discourage inappropriate development of such areas.
Policies:
3. All new development shall conform to the minimum City Code and Flood Insurance Program requirements in flood-prone areas.
7. The density of development shall be no greater than the slope can safely accommodate. The following standards shall be applied to all future development (subdivisions, commercial, and public service structures and residential structures not previously covered through subdivision review):
a. On slopes of 0-12%. Development is allowed without special review.
b. On slopes of 13-29%. Development is subject to special review and conditions regarding density, vegetation removal, grading and excavation, season and duration of development activity, drainage, and other factors considered necessary to minimize risk of hazard.
c. On slopes of 30% or more. Development is prohibited unless site analysis by a professional geologist and civil engineer finds that the site can support the proposed development without endangering life, property, and environment, or that safeguards which correct the hazardous condition can and will be provided.
8. Developers of property having a slope of greater than 12% or lying within a landslide area, or identified as a flood hazard, shall be required to post a 100% performance bond guaranteeing that specified conditions will be met and appropriate safeguards provided.
Public Facilities
Goals
To provide a timely, orderly, and efficient arrangement and development of public facilities to promote the environmental and socio-economic well-being of the city which can provide a framework for urban development.
Policies
4. Public facilities shall be developed in accordance with the priorities established in the Comprehensive Plan.
6. As a part of development approval, the city shall ensure that adequate public facilities are available or ensure that adequate public facilities will be available concurrent with development.
Transportation
Goal:
To provide a safe and efficient transportation system for current residents and reasonable future needs.
Policies:
14. Development proposals shall be reviewed to assure the continuity of sidewalks, trails, bicycle paths, and pedestrian ways.
Housing
Goal:
To encourage the development of adequate housing in Lakeside in order to meet the needs of residents of the city which reflect economic, social, and aesthetic concerns for the environment of the City of Lakeside.
Policies:
1. To encourage the availability of adequate numbers of housing units at price ranges and rent levels commensurate with the financial capabilities of Lakeside citizens and to allow for flexibility in housing type and density.
3. To allow additional use of manufactured and modular homes while guarding against land use conflicts.
5. To continually work toward a community design which will foster an attractive layout of residential use.
8. To encourage housing development in areas where public facilities extensions are most feasible while discouraging housing development in those areas which would require expensive extensions of city services.
Open Space and Recreation
Goal:
1. To maintain and enhance the character of the city by conserving adequate open space.in such a way that scenic, historic, and natural resources are maintained, and a healthy and visually attractive landscape is promoted in keeping with the character of Lakeside.
2. To enhance the quality of life for the residents of Lakeside and increase the economic base in tourism by providing adequate recreational and recreation-related facilities.
Objectives:
1. To ensure the adequate provision of open space by encouraging orderly development within the city.
Zoning Ordinance
Because this is a preliminary plat, many of the requirements of the zoning code will not become relevant until building footprints are identified in the final plat. However, the applicant his proposed the following:Your review of the zoning ordinance indicates that all of the setbacks and other lot configurations are consistent with the zoning designation.
The only key criteria that is relevant at this point are the F-P and S-S overlays.
FLOOD PLAIN ZONE (F-P)SECTION:
11.200: Flood Plain Zone (F-P)
11.205: Special Definitions
11.210: Lands to Which This Ordinance Applies
11.215: Basis for Establishing the Areas of Special Flood Hazard
11.220: Establishment of Development Permit
11.225: Designation of the Planning Commission
11.230: Duties and Responsibilities of the Planning Commission
11.240: General Standards
11.250: Specific Standards
11.260: Floodways
Section 11.205 Special Definitions. Unless specifically defined in Article 3 of this Ordinance, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. Further, for the purposes of Section 11.200-260, "mobile home" does not include recreational vehicles or travel trailers. "Manufactured Home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For flood plain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. 11.210 Lands to Which This Ordinance Applies. This ordinance shall apply to all areas of special flood hazards within the jurisdiction of the City of Lakeside. 11.215 Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood insurance Study for the City of Lakeside" dated June 17, 1983, with accompanying Flood Insurance Maps is hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study is on file at the Lakeside City Hall. 11.220 Establishment of Development Permit. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 11.215. The permit shall be for all structures including mobile homes or manufactured homes, as set forth in the "Definitions" and for all other development including fill and other activities. Also as set forth in the "Definitions". 11.222 Designation of the Planning Commission. The Planning Commission is hereby appointed to administer and implement this ordinance by granting or denying development permit applications in accordance with its provisions. 11.230 Duties and Responsibilities of the Planning Commission. Duties of the Planning Commission shall include, but not be limited to:1. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
2. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
3. Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
4. Controlling filling, grading, dredging, and other development which may increase flood damage; and
5. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.
1. Permit Review:
a. Review all development permits to determine that the permit requirements of this ordinance have been satisfied.
b. Review all development permits to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required.
c. Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section 11.260 are met.
2. Use of Other Base Flood Data:
When base flood elevation data has not been provided in accordance with Section 11.215, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the Planning Commission Shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer Sections 11.250 SPECIFIC STANDARDS, and 11.260 FLOODWAYS.
3. Information to be Obtain and Maintained:
a. Obtain and record the actual elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all net or substantially improved structures, and whether or not the structure contains a Basement.
b. For all new or substantially improved flood proofed structures:
i. Verify and record the actual elevation (in relation to mean sea level), and
ii. Maintain the flood proofing certifications required in Section 11.250(2)(c).
4. Alteration of Watercourses & Neighboring Communities
a. Notify adjacent neighboring communities and the State Coordinating Agency (DLCD) prior to any alteration or relocation of a water course, and submit evidence of such notification to the Federal Insurance Administration.
b. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.
5. Interpretation of FIRM Boundaries
11.240 General Standards. In all areas of special flood hazards the following standards are required:Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation. Such appeals shall be granted consistent with the standards of Section 1920.6 of the rules and regulations of the National Flood Insurance Program (24 CFR 1090, etc.).
1. Anchoring:
a. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
b. All mobile homes shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be that:
i. Over-the-top be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, with mobile homes less than 50 feet long requiring one additional tie per side:
ii. Frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with mobile homes less than 50 feet long requiring four additional ties per side;
iii. All components of the anchoring system be capable of carrying a force of 4,800 pounds; and
iv. Any additions to the mobile home be similarly anchored.
c. An alternative method of anchoring may involve a system designed to withstand a wind force of 90 miles per hour or greater. Certification must be provided to the Planning Commission that this standard has been met. Defer to FEMA's Manufactured Home Installation in flood hazardous guide book for additional techniques.
2. Construction Materials and Methods:
a. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
c. Design, elevation or locating of all utility systems of a structure to prevent floodwater from entering.
3. Utilities:
a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;
b. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and
c. On-site waste disposal systems and other utilities shall be located to avoid impairment to them or contamination from them during flooding.
4. Subdivision proposals:
a. All subdivision proposals shall be consistent with the need to minimize flood damage;
b. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;
c. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and,
d. Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or 5 acres (which ever is less).
5. Review of Building Permits.
11.250 Specific Standards. In all areas of special flood hazards where flood elevation data has been provided as set forth in Section 11.215 "Basis For Establishing the Areas of Special Flood Hazard" or Section 11.230(2) Use of Other Base Flood Data, the following provisions are required:Where elevation data is not available, applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgement and includes use of historical data, high water marks, photographs of past flooding, etc., where available.
1. Residential Construction
Construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation.
a. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:
i. A minimum of two openings having a total net area of not less than one square inch for every foot of enclosed area subject to flooding shall be provided.
ii. The bottom of all openings shall be no higher than one foot above grade.
iii. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
2. Nonresidential Construction
New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall:
a. Be flood proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
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 that the standards of this subsection satisfied. Such certifications shall be provided to the official as set forth in Section 11.230(3)(b).
d. Elevated nonresidential structures meet the same criteria for space beneath the lowest floor as residential structures.
3. Mobile Homes or Manufactured Homes
11.260 Floodways. Located within areas of special flood hazard established in Section 11.215 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:a. Mobile homes or manufactured homes shall be anchored in accordance with Section 11.240(l).
b. For new mobile home parks or manufactured home subdivisions; for expansions to existing mobile home parks and mobile home subdivisions; for existing mobile home parks and mobile home subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced; and for mobile homes or manufactured homes not placed in a mobile home park or mobile home subdivision, require that:
i. Stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level;
ii. Adequate surface drainage and access for water are provided, and,
iii. In the instance of elevation on pilings, that:
- lots are large enough to permit steps;
- piling foundations are placed in stable soil no more than ten feet apart; and
- reinforcement is provided for more than six feet above ground.
c. A Mobile Home or Manufactured Home may be placed in a floodway if it meets all the standards as provided in 11.250 and 11.260.
4. Placement of Fill in Areas of Special Flood Hazards. Prior to any placement of fill material in Areas of Special Flood Hazards an engineering study shall be prepared and provided to the City by the applicant. The engineering study shall be prepared by a registered professional engineer or architect and shall demonstrate that placement of fill, on the subject site in the manner described, shall not result in any increase in flood levels or damage to other properties during the occurrence of the base flood discharge. This study shall, as a minimum, present assessments of:
a. Changes in floodplain hydrology due to proposed placement of fill;
b. Engineering actions necessary to assure non-movement of proposed fill (i.e. soil type, compaction, embankment protection, drainage, etc.).
1. Prohibit encroachments including fill, new construction, substantial improvement, and other development in unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
2. If Section 11.260 is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provision of Sections 11.240-11.260.
3. No development shall be allowed in the wetland areas as identified in the Lakeside Comprehensive Plan.
STEEP SLOPES (S-S)
SECTION:
11.400: Steep Slopes (S-S)
11.410: Special Definitions
11.420: Application of the Steep Slope Provisions
11.430: Permitted Uses
11.440: Conditional Uses
11.450: Procedure
11.460: Minimum Requirements
Section 11.420 Application of the Steep Slopes Provisions. Any district where a S-S designation is combined with a primary district the following regulations shall apply. If any conflict in regulation of procedures occurs with the zoning districts hereinbefore specified the provisions of the steep slopes overlay shall govern. Section 11.430 Permitted Uses.1. "Steep Slope Areas" are those areas that have been identified as having steep slopes by the Soil Conservation Service, or any slope over 30% within the City.
2. "Vegetation Management Program" is a program of managing the vegetation to minimize erosion in steep slope areas. This program includes tree and shrub removal as well as re-vegetation of those areas that vegetation has been removed.
3. "Drainage Plan" is a plan of how surface water will be drained. This includes proposed culverts, alteration of drainage patterns and how down spouts and other sources of water will be disposed of.
Section 11.440 Conditional Uses.1. All uses permitted in the primary zone provided the parcel size is 10,000 square feet or larger and is subject to Planning Commission review.
Section 11.450 Procedure. An applicant seeking a site review before the Planning Commission shall make an application to the City office. Information accompanying the application shall include:1. All uses permitted in the primary zone if the lot size is between 6,000 and 10,000 square feet and is subject to Planning Commission review.
2. All uses permitted conditionally in the primary zone and is subject to Planning Commission review.
Section 11.460 Minimum Requirements. A development in the S-S overlay zone will go through a Planning Commission site review and receive approval prior to any development that may cause slope failure, erosion, or may alter drainage patterns. Development shall be regulated in accordance with the following minimum standards:1. Property boundaries as they relate to the steep slopes.
2. Existing topography, vegetation and uses.
3. Location of proposed structures, uses, roads and other improvements.
4. Proposed grading plan to include cut and fill areas, general slope of the property, and any retaining walls or slope protection.
5. Proposed vegetation management program.
6. Proposed drainage plan to include location of existing drainage patterns locations of springs, streams or drainage ditches.
1. Removal of vegetation stabilizing the slopes will be kept to the minimum required for building placement or other valid purposes.
2. Removal of vegetation should not occur more than 30 days prior to grading or construction.
3. Permanent re-vegetation shall be started as soon as practical after construction, grading or utility placement.
4. Excavation and grading will be carefully controlled through enforcement of the Uniform Building Code.
5. Surface water will not be drained off onto a fill area or shall not cause problems to down slope properties.
6. The developer or the party initiating an action in the S-S overlay zone shall be responsible for preventing adverse impacts on adjacent or down slope properties, streets or utilities.
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This page maintained by Bob Parker
February 07, 2001