Chapter 15.346
SPECIFIC PLAN (SP) SUBDISTRICT
Sections:
15.346.020 Plan development and approval process.
15.346.040 Plan implementation.
15.346.050 Amendments and adjustments to the specific plan.
15.346.060 Interim development.
15.346.070 Specific plan development standards.
15.346.080 Middle housing land divisions.
15.346.010 Purpose.
The purpose of the SP subdistrict is to allow the development and approval of specific plans in the city. A specific plan is a master plan applied to one or more parcels in order to coordinate and direct development in terms of transportation, utilities, open space, and land use. The purpose is also to streamline the development process and encourage development according to the specific plan. Specific plans are intended to promote coordinated planning concepts and pedestrian-oriented mixed use development. [Ord. 2451, 12-2-96. Code 2001 § 151.505.]
15.346.020 Plan development and approval process.
A. Initiation. The process to establish a specific plan shall be initiated by the city council. The planning commission or interested property owners may submit requests to the city council to initiate the specific plan process. If owners request initiation of a specific plan process, the city council may require an application fee to be paid to cover the cost of creating the plan.
B. Steering Committee. The city council shall appoint a steering committee to guide development of the plan. The steering committee shall include persons representing affected property owners, neighbors, and the community at large.
C. Draft Plan. The steering committee shall develop a draft plan which shall be submitted to the planning commission and city council for review, modification, and approval.
D. Specific Plan. A specific plan shall include text and a diagram or diagrams which specify all of the following in detail:
1. Plan objectives: a narrative shall set forth the goals and objectives of the plan.
2. Site and context: a map of the site and context shall indicate existing land use, slope, and natural features.
3. The distribution, location, and extent of the uses of land, including open space and parks, within the area covered by the plan (land use plan).
4. The proposed distribution, location, and extent of major components of public and private transportation, wastewater, water, drainage and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan.
5. Standards and criteria by which development will proceed and standards for conservation, development and utilization of natural resources, where applicable.
6. The plan shall identify the existing property ownership.
7. A circulation/transportation plan shall be included which identifies the proposed street pattern, including pedestrian pathways and bikeways. Design standards and street cross-sections shall be included.
E. Type III Hearings and Decisions. The planning commission shall hold a public hearing on the plan using a Type III procedure and shall make a recommendation to the city council. The city council shall have final approval authority. The hearing process to be followed shall be the same as that set forth for zoning map amendments pursuant to NMC 15.302.010 et seq. If the specific plan affects land outside the city limits, provisions and procedures required under the urban growth management agreement with Yamhill County shall also be met. [Ord. 2451, 12-2-96. Code 2001 § 151.506.]
15.346.030 Approval criteria.
Adoption of the specific plan and its related subdistrict shall be based on compliance with the zone change criteria of NMC 15.302.010 et seq. [Ord. 2451, 12-2-96. Code 2001 § 151.507.]
15.346.040 Plan implementation.
A. Overlay Subdistrict. The specific plan shall be implemented as a zoning overlay subdistrict. If the plan applies to land outside the city limits, the SP specific plan zoning subdistrict classification shall indicate where the SP overlay zone will be applied upon annexation. The specific plan shall be adopted as an exhibit to the SP overlay zone subdistrict and the SP overlay plan district.
B. New Construction. New construction subject to site design review or building permit review shall meet the special development and design standards of the specific plan.
C. Priority of Standards and Procedures. Unless otherwise noted, the standards and procedures of the specific plan overlay subdistrict shall supplement and supersede standards and procedures of this code. [Ord. 2451, 12-2-96. Code 2001 § 151.508.]
15.346.050 Amendments and adjustments to the specific plan.
Amendments to the specific plan may be either major or minor amendments.
A. Minor and Major Amendments.
1. Major amendments are those which result in any of the following:
a. A change in land use.
b. A change in the circulation/transportation plan that requires a major street (collector or arterial) to be eliminated or to be located in such a manner as to not be consistent with the specific plan.
c. A change in the development standards.
d. A change in the planned residential density.
e. A change not specifically listed under the major and minor amendment definitions.
2. Minor amendments are those which result in any of the following:
a. Changes related to street trees, street furniture, fencing, or signage that were approved as part of the specific plan.
b. A change in the circulation/transportation plan that requires a local street, easement, or pathway to be shifted more than 50 feet in any direction.
c. A change in the utility plan other than what would be necessary for authorized adjustment of lot lines.
B. Major Amendment – Type III Procedure. A major amendment to a specific plan shall be processed as a Type III comprehensive plan amendment. The amendment shall meet the criteria of NMC 15.346.030. In addition, findings must demonstrate that the change will not adversely affect the purpose, objectives, or functioning of the specific plan.
C. Minor Amendment – Type II Procedure. A minor amendment to a specific plan may be approved by the director through a Type II procedure. The director’s decision shall include findings that demonstrate that the change will not adversely affect the purpose, objectives, or functioning of the specific plan.
D. Authorized Adjustment of Lot Lines – Type I Procedure. As part of the final platting process, the director is authorized to grant adjustments to proposed lot lines consistent with flexible density standards (if included) as part of the specific plan subdistrict. [Ord. 2451, 12-2-96. Code 2001 § 151.509.]
15.346.060 Interim development.
To encourage platting in conformance with the specific plan, the following modifications to street, subdivision, and development standards may be granted by the director through the Type I procedure:
A. Temporary Dead-Ends. The director may authorize temporary cul-de-sacs or vehicle turnarounds where a through street will eventually be provided. Due to their temporary nature, the dimensions and improvement requirements for these cul-de-sacs and turnarounds may vary from standards set forth in the subdivision ordinance.
B. Temporary Street Improvements. Three-quarter-width streets may be provided temporarily to access lots where a full street will eventually be provided when all abutting lots are developed, unless otherwise approved as a half-street by the director and fire chief.
C. Tracts. Tracts of land which do not meet specific plan density requirements may be created and developed when it is demonstrated that the tracts can be developed in accordance with the specific plan in the future. If construction occurs on the tract, it shall be done in a manner that will meet specific plan development standards when full improvements are provided. [Ord. 2451, 12-2-96. Code 2001 § 151.510.]
15.346.070 Specific plan development standards.
Development standards for specific plans are listed below. The standards shall be utilized in conjunction with the specific plan adopted as an exhibit to the SP overlay subdistrict. This section is intended to be amended as new specific plans are adopted.
A. The Northwest Newberg Specific Plan.
1. Report Adopted. The northwest Newberg specific plan final report, dated August 1994 and amended June 7, 2021, is adopted by reference. The development standards listed in this section shall take precedence over those listed in the report. If ambiguity exists, this code shall govern.
2. Permitted Uses and Conditional Uses. The permitted and conditional uses allowed under the SP subdistrict shall be the same as those uses permitted in the base zoning districts. An exception to this is the commercial zone, which may be located on either side (north or south) of the extension of Foothills Drive. Such commercial area must be located in one node of not more than five acres in size and not split by a public street. This alternative is indicated as Appendix B of the northwest Newberg specific plan.
3. Street and Pedestrian Walkway Standards.
a. Street and public walkway standards are as follows:
|
|
Paved Surface |
|
|---|---|---|
|
Local street |
60' |
32' |
|
Collector street |
74' |
36' |
|
16' |
6' |
b. Five-foot bike lanes shall be provided along collector streets. Five-foot sidewalks shall be provided along local and collector streets. A six-foot-wide planter strip shall separate the sidewalk and the local street. A 12-foot-wide planter strip shall separate the sidewalk and the collector street. Local streets shall be designed as through streets. Cul-de-sacs shall be used only if a through street cannot be developed. The regulations for collector street standards may be waived when in the judgment of the director waiving of the standards is warranted based on traffic volume, reduced speed, type of usage and access limitations, pursuant to the City of Newberg transportation system plan.
4. Setbacks. Figures 9 and 10 of the northwest Newberg specific plan identify special setback standards that apply to the property.
a. Area 1 Setbacks – Figure 10. Minimum and maximum front setbacks for structures shall be met in area 1 of the northwest Newberg specific plan. Residential structures shall be no closer nor further from the front property line than as follows:
|
|
Minimum |
Maximum |
|---|---|---|
|
Porch |
10' |
25' |
|
15' |
25' (without porch) |
|
|
Cottage cluster dwelling |
10' |
25' (without porch) |
|
Garage or carport |
20' |
None |
The front of a garage may not be closer to the property line than the front of the residential structure unless each fronts on different streets.
b. Area 2 Setbacks – Figure 10. Special minimum front setbacks for residential structures shall be met in area 2 of the northwest Newberg specific plan. No maximum setback is required. Front setbacks are as follows:
|
|
Minimum |
Maximum |
|---|---|---|
|
Porch |
10' |
None |
|
15' |
None |
|
|
Cottage cluster dwelling |
10' |
None |
|
Garage or carport |
20' |
None |
c. Interior Setbacks. Interior yard setbacks shall be the same as the base zone.
d. Commercial and Institutional Setbacks. Except as set forth in subsection (A)(8) of this section, setbacks for commercial and institutional use shall be set by the base zone or as otherwise required in this code.
5. Street Trees. Street trees shall be required along all streets where designated planter strips and/or raised medians are provided. One tree shall be required for every 40 feet of street frontage or fraction of 40 feet; e.g., a lot with 50 feet of frontage will provide two street trees; a lot with 100 feet of frontage will provide three street trees. Trees shall be provided in accordance with the list of trees included in the specific plan. Trees shall have a minimum of a one-and-one-half or one-and-three-fourths-inch caliper tree trunk and shall be balled and burlapped or boxed.
6. Residential Density. Residential density is governed by the SP overlay subdistrict. The maximum allowed density is set by the number of lots depicted on the land use plan, Figure 6 of the northwest Newberg specific plan. Additional standards follow:
a. Minimum Lot Size.
i. Single-family detached dwellings, duplex dwellings or triplex dwellings: 5,000 square feet.
ii. Townhouse dwellings: 1,500 square feet.
iii. Quadplex dwellings or cottage cluster projects: 7,000 square feet.
b. Maximum Lot Coverage.
i. R-1-SP zone: 40 percent (including garage).
ii. R-2-SP zone: 60 percent (including garage).
c. Maximum Density.
i. LDR districts: set by the specific plan (averages 4.4 dwellings per acre).
ii. MDR districts: 8.8 dwellings per acre.
iii. For the purpose of calculating compliance with the maximum density standard, single-family detached and duplex dwellings count as a single dwelling.
iv. Triplex dwellings, quadplex dwellings, townhouse dwellings and cottage cluster projects shall be exempt from the maximum density calculation and shall be subject only to the minimum lot sizes in subsection (A)(6)(a) of this section.
d. Flexible Minimum Density Requirements. The following standards may be applied at the time of platting:
i. Lots for single-family detached dwellings may be increased to 7,500 square feet.
ii. Lot size may be increased above 7,500 square feet for single-family detached dwellings, provided the overall density of the original parent parcel at the time of specific plan approval remains at or above 80 percent of the original planned density. If other parcels have built out at densities exceeding 80 percent of the original planned density, the overall density of the combined parcels may be used for the calculation. For these calculations, the planned density for LDR areas shall be assumed to be 6.5 dwelling units per acre (5,000-square-foot single-family lots) and MDR at 8.8 dwelling units per acre.
7. Building Orientation. All development shall be oriented to a local or collector street. Orientation shall be achieved by the provision of an entry door fronting upon the street with a direct sidewalk connection from the door to the public sidewalk.
8. Commercial Standards. In addition to site review standards, the following standards shall apply to commercial development:
a. Commercial structures shall be set back no further than 20 feet from the Foothills Drive right-of-way. This setback area shall not be used for any type of vehicular access or parking.
b. A minimum of a 300-square-foot plaza or pedestrian seating area at the intersection of Foothills Drive and the adjacent north-south local street shall be provided.
c. All walls adjacent to and visible from the public right-of-way shall include windows. An exception to this standard may be granted by the community development director if the wall is screened.
9. Sign Standards. Freestanding signs shall not exceed five feet in height, 30 square feet in area, and one per street frontage. Wall and window signs shall not exceed one square foot per lineal foot of wall. Roof signs are prohibited. Projecting fin signs shall not exceed 20 square feet in size.
B. Springbrook Oaks Specific Plan.
1. Report Adopted. The Springbrook Oaks specific plan dated August 2, 1999, and amended August 2, 1999, October 16, 2006, August 6, 2018, and June 7, 2021, is adopted by reference. The development standards listed in this section are intended to implement the policies of the Springbrook Oaks specific plan. Development of Springbrook Oaks shall follow the standards of this code section as well as the policies of the plan. If a conflict exists between the Springbrook Oaks specific plan policies and the development code, the Springbrook Oaks specific plan shall govern.
2. Permitted Uses and Conditional Uses. Eight development areas have been established with corresponding zones within the Springbrook Oaks specific plan. The permitted and conditional uses allowed under the SP subdistrict shall be the same as those uses permitted in the base zoning districts. Exceptions to this standard include the following:
a. A golf course shall be permitted within the M-1 area, adjacent to the stream corridor; and
b. Densities and lot sizes shall be in accordance to the standards established in subsection (B)(8)(a) of this section.
c. In addition to the permitted uses in the RP zone, area F-1 permits:
i. Medically related industrial uses, such as medical laboratories, manufacture and wholesale distribution of medical equipment, medical research facilities, and laundries and similar services for medical facilities.
ii. Medically related retail uses, such as a pharmacy, gift shop or cafe (limited to 3,000 square feet), or medical appliance sale and rental store.
iii. Barber and beauty shops.
Area F-1 permits residential uses.
d. Area F-2 does not permit single-family dwellings.
e. Areas shown in the bypass corridor overlay (LUBCO) district are subject to the standards of that overlay.
3. Street and Pedestrian Pathway Standards. Street and pedestrian pathway development standards are established in NMC 15.505.010 et seq. and NMC 15.505.210 et seq.
4. Residential Design. Multiple, nonrepetitive home designs (detached dwelling units) shall be used in the development. No two identical designs shall be located closer than every three lots on any street frontage.
5. Setbacks. Figures 1 and 2 of the Springbrook Oaks specific plan identify special setback standards that apply to the property.
6. Residential, Professional and Industrial Setbacks.
a. Residential.
i. Development Areas A through F Setbacks – Figure 1 of the Springbrook Oaks Specific Plan. Minimum and maximum front setbacks for structures shall be met in development areas A through F of the Springbrook Oaks specific plan. Residential structures shall be no closer nor further from the front property line than as follows:
|
|
Minimum |
Maximum |
|---|---|---|
|
Porch |
10' |
25' |
|
15' |
25' (without porch) |
|
|
Cottage cluster dwelling |
10' |
25' (without porch) |
|
Garage or carport |
20' |
None |
The front of a garage may not be closer to the property line than the front of the residential structure unless each fronts on different streets.
ii. Development Area H Setback – Figure 2 of the Springbrook Oaks Specific Plan. Special minimum front setbacks for residential structures shall be met in development area H of the Springbrook Oaks specific plan. No maximum setback is required. Front setbacks are as follows:
|
|
Minimum |
Maximum |
|---|---|---|
|
Porch |
10' |
None |
|
Cottage cluster dwelling |
10' |
None |
|
Garage or carport |
20' |
None |
iii. Interior Setbacks. Interior yard setbacks shall be the same as the base zone. An exception to this standard is made for single-family attached housing, where no interior setback is required for the zero lot line. Another exception is development within the R-P zones of area F which may have a five-foot interior setback.
b. Professional and Industrial Setbacks. Except as set forth in subsection (B)(5) of this section, setbacks for professional and industrial developments within development areas A, F, and G of the Springbrook Oaks specific plan shall be set by the base zone or as otherwise required in this code.
c. Building Heights. Building height limits shall be the same as those in the base zone. An exception is for areas F-1 and F-2, which shall have a maximum building height of 50 feet.
7. Street Trees. Street trees shall be provided adjacent to all public rights-of-way abutting or within a subdivision or partition. Street trees shall be installed in accordance with the provisions of NMC 15.420.010(B)(4). Trees shall be selected from the street tree species list authorized by the city council. Preference should be given towards the selection of oak species to maintain the character of the development’s namesake: Springbrook Oaks.
8. Residential Density. Residential density is governed by the SP overlay subdistrict.
a. The following development standards shall be applied to Springbrook Oaks for single-family detached dwellings and duplex dwellings (please refer to Graphic VI for map of development areas A through H of the Springbrook Oaks specific plan). See Appendix A, Figure 20. These standards shall supersede any density or density transfer standards established in the development code.
|
Area |
Zone |
Minimum Lot Size (Square Feet) |
Minimum Lot Area per Dwelling Unit (Square Feet) |
Maximum Density (Dwelling Units per Acre) |
|---|---|---|---|---|
|
A |
C-2 |
5,000 |
NA |
NA |
|
B4, 5 |
RP |
1,500* |
1,500* |
21.8*1 |
|
C4, 5 |
R-3 |
2,500* |
2,500* |
13.1* |
|
D4, 5 |
R-2 |
3,750* |
3,750 |
8.8 |
|
E4, 5 |
R-2 |
5,000 |
5,000* |
6.6* |
|
F-14, 5 |
RP |
1,500* |
1,500* |
21.8* |
|
F-24, 5 |
RP |
1,500* |
None*2 |
None*2 |
|
F-34, 5 |
RP |
1,500* |
1,500* |
21.8* |
|
G |
M-1 |
20,000 |
NA |
NA |
|
H4, 5 |
R-1 |
5,000* |
10,000*3 |
3.3* |
* Different than the standards established elsewhere in the development code. Residential land use only permitted on F-1 area for Yamhill County tax lot 3216-02026.
1 Up to 100 percent of the land zoned RP within area B may be developed for residential use.
2 There is no limit on the number of dwelling units allowed in area F-2.
3 Average lot area per dwelling in any one subdivision.
4 Duplex dwellings are exempt from minimum lot area per dwelling unit. Duplex dwellings count as a single dwelling for the purpose of calculating compliance with the maximum density.
5 Triplex dwellings, quadplex dwellings, townhouse dwellings, multifamily dwellings, and cottage cluster projects are permitted on lots meeting the applicable minimum lot areas for the dwelling type in the corresponding zone per NMC 15.405.010(A), and are exempt from the development standards in this table.
b. Density Shifting.
i. A density shift of up to 20 percent is permitted between any two lots or portions of lots of equal acreage within the same or different residential areas (areas B, C, D and E). The shift may be up to 20 percent of total units permitted within the lower density zone regardless of which direction the shifting is occurring. Any such shift shall be approved through a Type I process. An agreement must be drafted and signed by all parties involved.
ii. An example of density shifting is as follows:
|
Present maximum density permitted by zone |
A five-acre lot in area B = 109 units |
|
|
A five-acre lot in area C = 65.5 units |
|
|
(20 percent = 13.1 units) |
|
Proposed 20 percent shift: |
Lot in area B = 122* units |
|
|
Lot in area C = 52* units |
|
|
OR |
|
|
Lot in area B = 95* units |
|
|
Lot in area C = 78* units |
|
* Rounded down to a whole unit number. |
|
c. Increases in density of residential areas B, C, D and E may be permitted in consideration for land designated for public purposes such as schools, neighborhood parks, plazas, and the like (excluding stream corridors). For any given acreage designated for the aforementioned purposes, the density of an equal amount of acreage may be increased 20 percent in another area of Springbrook Oaks which has the same zone type as that of where the public area is located. The density shift may also be directed to a different zone, in a similar manner to the above. For example:
|
Present maximum density of public land: |
A five-acre lot in area D zoned R-2 = 44 units (20 percent = 8.8 units) |
|
Proposed 20 percent density shift to another five acres in area D zoned R-2 |
44 units + 8.8 units = 52 units* |
|
|
OR |
|
Proposed 20 percent density shift to another five acres in area B zoned R-3 |
109 units + 8.8 units = 117 units* |
|
* Rounded down to a whole unit number. |
|
d. Any area of land whose allowed density has increased due to a density shift may include a corresponding decrease in the area’s minimum lot size and minimum lot area per dwelling unit.
e. No lot within any given zone may increase density due to a density shift more than once.
f. Maximum lot coverage is described in NMC 15.405.040.
9. Commercial and Industrial Standards. In addition to site review standards, all commercial and industrial development will conform to the covenants, conditions, and restrictions (CC&Rs) approved for the Springbrook Oaks development. A certificate of compliance with these CC&Rs shall be submitted with a design review application for any commercial or industrial development.
10. Sign Standards. Signs must comply with NMC 15.435.010 through 15.435.120.
11. Tree Management Plan. Any proposed development within development area H must follow the approved tree management plan for development area H. The plan shall be developed by a third-party licensed arborist.
12. Permitting Process. Any proposed development shall follow the permit approval process described in NMC 15.100.010 through 15.100.150. Exceptions to this standard are as follows:
a. Proposed subdivisions will be reviewed under the Type II process; and
b. Any proposed development within development areas A through F that meet the building design and development standards in Appendix C (see Springbrook Oaks specific plan) will be reviewed under the Type I process. The applicant shall provide written documentation showing that each development standard has been met.
13. Plan Amendments. Proposed amendments and adjustments to the specific plan will follow the procedure described in NMC 15.346.050. Exceptions to this amendment and adjustment procedure are as follows:
a. Proposed boundary modifications for development areas B through E (see Appendix A, Figure 20) that increase any individual area no more than five percent of its original total acreage will be reviewed under a Type I process. Proposed boundary modifications that change the total acreage of any of the aforementioned development areas more than five percent will be reviewed under a Type III process.
b. Proposed boundary modifications for development areas F and G that move a boundary less than 50 feet and do not change the total acreage in a development area by more than 0.1 acre will be reviewed under a Type I process. Other proposed boundary modifications will be reviewed under a Type III process.
c. Proposed boundary changes for areas A and H will be reviewed under a Type III process.
14. Residential Development Near the Bypass. In order to minimize conflicts between the proposed bypass and proposed residential development in area F, the director shall approve a management plan prior to residential subdivision or development approval in area F. The management plan shall be developed in coordination with the director, ODOT, and the developer. The management plan may require any of the following or other conditions necessary to minimize conflicts:
a. Separation between the bypass and residential development, either within or outside the eventual right-of-way.
b. Specific orientation of buildings.
c. Specific layout of streets, walkways, pedestrian paths, alleys, driveways, open spaces, and sound walls. [Ord. 2913 § 2 (Exh. B § 9), 4-17-23; Ord. 2889 § 2 (Exh. B §§ 20 – 24), 12-6-21; Ord. 2880 § 2 (Exh. B §§ 26 – 33), 6-7-21; Ord. 2833 § 1 (Exh. A), 8-6-18; Ord. 2657 § 1, 10-16-06; Ord. 2619, 5-16-05; Ord. 2517, 8-2-99; Ord. 2513, 8-2-99; Ord. 2451, 12-2-96. Code 2001 § 151.511.]
15.346.080 Middle housing land divisions.
Middle housing land divisions proposed in either the northwest Newberg specific plan or Springbrook Oaks specific plan areas shall follow the lot requirements set forth in this chapter. [Ord. 2912 § 1 (Exh. A § 12), 5-1-23.]