10.200 Site Plan and Architectural Review

10.200 Site Plan and Architectural Review.

(1) Purpose of Site Plan and Architectural Review. The Site Plan and Architectural Review process is established in order to provide for review of the functional and aesthetic adequacy of commercial, industrial, Cottage Cluster, and multi-family development and to assure compliance with the standards and criteria set forth in this chapter for the development of property as applied to the improvement of individual lots or parcels of land as required by this code. Site Plan and Architectural Review considers consistency in the aesthetic design, site planning and general placement of related facilities such as street improvements, off-street parking, loading and unloading areas, points of ingress and egress as related to bordering traffic flow patterns, the design, placement and arrangement of buildings as well as any other subjects included in the code which are essential to the best utilization of land in order to preserve the public safety and general welfare, and which will encourage development and use of lands in harmony with the character of the neighborhood within which the development is proposed.

(2) Site Plan and Architectural Review Required. The type of Site Plan and Architectural Review required shall be determined as follows:

(a) The Site Plan and Architectural Review – Type II (SPAR – Type II) shall be used when the applicable criteria in Section 10.175A(2) is met.

(b) The Site Plan and Architectural Commission Review – Type III (SPAC – Type III) shall be used when a SPAR – Type II is not applicable.

Exterior alterations to a building or site and new construction in a Historic Overlay shall require Historic Review pursuant to Section 10.188, but shall not require Site Plan and Architectural Review.

(a) An exemption from Site Plan and Architectural Commission review does not exempt the use or development from compliance with the applicable standards of this chapter, including but not limited to access, parking, riparian protection, and landscaping. Exemptions under this section do not apply to uses subject to a conditional use permit or park development review or major modification thereof.

(b) The following uses or developments do not require Site Plan and Architectural Commission review:

(i) Parking lots and parking lot additions, when not associated with building construction required to be reviewed by the Site Plan and Architectural Commission, except any parking lot or parking lot additions located within a Historic Overlay requires Historic Review. (Effective Dec. 1, 2013.)

(ii) Construction of a new building if it does not increase motor vehicle trip generation by more than 10 average daily trips, unless within a Historic Overlay, in which case, Historic Review is required for all new construction. (Effective Dec. 1, 2013.)

(iii) A building addition similar to the existing building in architectural style and exterior building materials and that is no more than a 20 percent or 2,500 square-foot increase in gross floor area, whichever is less, unless within a Historic Overlay, in which case, Historic Review is required for all building additions and exterior alterations. (Effective Dec. 1, 2013.)

(iv) Detached single-family residential development on a lot within a final platted land division or on an otherwise legally created lot, unless within a cottage cluster development of nine or more dwelling units pursuant to Table 10.108-1 and Section 10.818A, or within a Historic Overlay, in which case, SPAC review or historic review, respectively, is required for all single-family residential development.

(v) Solar Photovoltaic/Solarvoltaic energy systems, as defined in ORS 757.360, except when located on historic landmarks or within historic districts, in which case the review authority shall be the Landmarks and Historic Preservation Commission.

(vi) Middle housing types of four units or less and cottage cluster developments of eight units or less on one legally created lot, unless within a Historic Overlay, in which case, historic review is required.

(vii) Airport accessory structure(s) including hangars, aircraft storage, maintenance facilities, warehouse storage, and office buildings to be located on airport property within the secured fence area (as shown on the Medford Zoning Map) not intended for public use.

(4) Site Plan and Architectural Review approval and a development permit shall be required prior to the application for a building permit.

(a) The Site Plan and Architectural Commission, SPAC – Type III Review, shall approve a site plan and architectural review application for a commercial or industrial development, if it can find that the proposed development conforms, or can be made to conform through the imposition of conditions, with the following criteria:

(i) The proposed development is compatible with uses and development that exist on adjacent land, and

(ii) The proposed development complies with the applicable provisions of all city ordinances or the Site Plan and Architectural Commission has approved (an) exception(s) as provided in Section 10.186.

(b) The approving authority shall approve a site plan and architectural review application for a residential development if the proposed development complies with the applicable provisions of all City ordinances, or if the Site Plan and Architectural Commission has approved either of the following:

(i) Any Exceptions, as provided for in MLDC Section 10.186, which resolve(s) any instances of non-compliance with those provisions.

(ii) Any Adjustments or Exceptions from the Special Development Standards for Multiple-Family Dwellings, as provided for in Sections 10.715A through 10.717.

(iii) Any Adjustments or Exceptions from the Development Standards for a Cottage Cluster Development as provided for in Table 10.108-1 and Section 10.818A.

(6) Site Plan and Architectural Review Conditions of Approval. In approving a site plan and architectural review application, the approving authority may impose, in addition to those standards expressly specified in this code, conditions determined to be reasonably necessary to ensure compliance with the standards of the code and the criteria in Subsection (5) above, and to otherwise protect the health, safety and general welfare of the surrounding area and community as a whole. These conditions may include, but are not limited to the following:

(a) Limiting the number, height, location and size of signs;

(b) Requiring the installation of appropriate public facilities and services and dedication of land to accommodate public facilities when needed;

(d) Requiring the installation or modification of irrigated landscaping, walls, fences or other methods of screening and buffering;

(e) Limiting or altering the location, height, bulk, configuration or setback of commercial and industrial buildings, structures and improvements.

(f) Requiring the improvement of an existing, dedicated alley which will be used for ingress or egress for a development;

(g) Controlling the number and location of parking and loading facilities, points of ingress and egress and providing for the internal circulation of motorized vehicles, bicycles, public transit and pedestrians;

(h) Requiring the retention of existing natural features;

(i) Modifying architectural design elements of commercial and industrial buildings. Such modifications may include, but are not necessarily limited to: exterior construction materials and their colors, roofline, and fenestration; and, restricting openings in the exterior walls of structures;

(j) Modifying architectural design elements of multiple-family dwelling buildings when the applicant has affirmatively elected to request an adjustment from the Special Development Standards in MLDC Sections 10.715A through 10.717. Such modifications may include but are not necessarily limited to: exterior construction materials and their colors, roofline, and fenestration; and, restricting openings in the exterior walls of structures;

(k) Modifying elements of Cottage Cluster Developments when the applicant has affirmatively elected to request an adjustment from the Development Standards for a Cottage Cluster Development, as provided for in MLDC Section 10.818A.

(l) Restricting the height, directional orientation and intensity of exterior lighting.

(a) Approval of a Site Plan and Architectural Review application shall take effect on the date the final order for approval is signed, or for SPAR – Type II Reviews when the Planning Director has signed the staff report, unless appealed and shall expire two years from the effective date. Within two years following the effective date, issuance of building permit for vertical construction must have occurred or an extension of the approval will be necessary. If a request for an extension is filed with the Planning Department within two years from approval of the final order, the approving authority shall grant an extension not to exceed one additional year. Extensions shall be based on findings that the facts upon which the Site Plan and Architectural Review application was first approved have not changed to an extent sufficient to warrant re-filing of the application.

(b) When it is the developer’s intent to complete an approved project in phases, the approving authority may authorize a time schedule for the issuance of building permits for a period exceeding one year, but in no case shall the total time period for the issuance of building permits be greater than five years without having to resubmit a new application for Site Plan and Architectural Review. Phases developed after the passage of one year from approval of the Site Plan and Architectural Review application will be required to modify the plans as necessary to avoid conflicts with changes in the Comprehensive Plan or this chapter.

(a) Major Modification. Any modification that is not a minor modification is a major modification. When a modification to an approved plan is determined to be a Major Modification, the modifications to the plan shall be processed as identified below. The Planning Director may waive submittal requirements deemed unnecessary or inapplicable to the proposal.

(i) Major modifications to SPAR – Type II land use reviews shall be processed as a Type II land use review and submitted to the Planning Director, or designee, for review and decision.

(ii) Major Modifications to SPAC – Type III land use reviews shall be processed as Type III land use reviews and submitted to the Site Plan and Architectural Commission for review and decision.

(b) Minor Modification. A minor modification to an approved plan may be made by the Planning Director provided the Planning Director can make the determination that the modification does not constitute a major modification. A minor modification shall meet all of the following standards:

(i) Meets the exemption standards of Subsection (3) above.

(ii) No increase in the number of dwelling units.

(iii) The amount of open space or landscaping is decreased by no more than 10% of the previously approved area, provided the resulting area does not drop below the minimum standards as required by the code.

(iv) No relocation of vehicle access points and parking areas where the change will generate an impact that would adversely affect off-site or on-site traffic circulation.

(v) No reduction or elimination of any project amenities such as recreational facilities, significant natural resources (streams, creeks, landforms), fencing and other screening material.

(vi) Modifications to facilities and utilities conform to the adopted facility plans.

(vii) Modifications to any other components of the plan conform to standards of the Code.

(viii) No modification to any condition of approval.

(c) Modifications to an Approved SPAR – Type II. The criteria in 10.200(8)(a-b) shall be used in determining whether a modification to a SPAR – Type II is major or minor. Modifications to a SPAR – Type II approval shall be reviewed and approved by the Planning Director. At the Planning Director’s discretion, major modifications to a SPAR – Type II approval may be referred directly to the Site Plan and Architectural Commission for review as a Type III land use decision.

(9) Issuance of Building Permits, Consistent with Site Plan and Architectural Review Approval. All applications for a building permit, wherein Site Plan and Architectural Review has been required, shall be consistent with the plans as approved and all conditions of approval imposed thereon and shall be accompanied by an accurate and correct site plan.

(a) Security for Completion of Public Improvements. If all required public improvements, as specified in the conditions of site plan and architectural review approval, have not been satisfactorily completed before issuance of a building permit, the developer shall enter into a written agreement (provided by the City) to secure full and faithful performance thereof, according to Sections 10.666 and 10.667(1) respectively.

(b) Agreement for Completion of Private Improvements (for projects with signed agreements prior to January 1, 2015). The following regulations shall apply to all Building Site Improvement Agreements (BSIA) signed prior to January 1, 2015. After said date, the provisions of Building Site Improvement Agreements (BSIA) shall no longer be used as a means to ensure the completion of private improvements. If all required private improvements, as specified in the conditions of site plan and architectural review approval, have not been satisfactorily completed before issuance of a building permit, the permit shall not be issued unless the owner and all other parties having an interest in the property enter into a written and recorded agreement, called a Building Site Improvement Agreement (BSIA), (provided by the City) with the City. The agreement shall be in a form acceptable to the City Attorney and shall specify that, within six months after signing the agreement or such longer time period as specified by the approving authority, all improvement work shall be completed according to the approved plans. The Planning Director or other person designated by the City Manager shall sign the agreement on behalf of the City.

(i) Extension. If a request for an extension of a Building Site Improvement Agreement is filed with the Planning Department within six months after signing the agreement, the Planning Director may grant an extension not to exceed six additional months. Extensions shall be based on findings that the extension is necessary for good cause, such as: circumstances beyond the developer’s control that are causing delay in completing private improvements (i.e., ODOT work, weather-related delays, building permit delays), so long as no applicable development standards have changed.

(ii) Procedure and Enforcement. The agreement shall be recorded in the Official Records of Jackson County, and once recorded the burdens of the agreement shall run with the title of the affected property. The property affected by the agreement shall be the property depicted on the approved site plan. The agreement shall provide that, if the work is not completed in accordance with its terms within the allotted time, the property may not thereafter be occupied or used until all deficiencies are corrected. The agreement shall provide for enforcement by the City through a civil suit for injunction and provide that the prevailing party shall be awarded costs and reasonable attorney's fees. When made in substantial compliance with this section, such an agreement shall be enforceable according to its terms, regardless of whether it would be enforceable as a covenant at common law.

(iii) Satisfaction. Once improvements have been satisfactorily completed according to the approved plans, a Satisfaction of Building Site Improvement Agreement shall be signed by the Planning Director or other person designated by the City Manager. The agreement shall be recorded in the Official Records of Jackson County.

(10) Site Plan and Architectural Review Application Form. The application for Site Plan and Architectural Review shall contain the following plans, submitted in the quantity and sizes specified on the Site Plan and Architectural Review application form, including legible reduced copies of all plan documents.

(a) Landscape Plan meeting the specifications and requirements in Section 10.780.

(b) Building Construction Plans: A site plan and architectural plan which are clearly and legibly drawn to scale shall be provided. Building construction plans shall include north arrow, orientation of building elevations indicating full dimensions and providing the following information:

(i) Site Plan:

(A) Lot dimensions.

(B) All proposed and existing buildings and structures: location, size, height, proposed use.

(D) Walls and fences: location, height and material.

(E) Existing and proposed off-street parking: location, number, type and dimensions of spaces, parking area, internal circulation pattern.

(F) Proposed location of electric vehicle charging infrastructure, per Section 10.746(8).

(G) Required bicycle parking location, number, and rack type, per Section 10.747.

(H) Access: pedestrian, vehicular, service, points of ingress and egress.

(I) Loading: location, dimension, number of spaces, type of space (A or B), internal circulation.

(J) Lighting: location and general nature, hooding devices.

(K) Street dedication and improvements.

(L) Drainage plan.

(M) Location of existing public improvements including streets, curbs, sidewalks, street trees, utility poles, light fixtures, traffic signs and signals, and such other data as may be required to permit the Site Plan and Architectural Commission to make the required findings.

(N) Location and screening of mechanical equipment.

(O) Location and screening of outdoor trash bins.

(ii) Architectural Plans:

(A) Roof plan.

(B) Floor plan.

(D) Materials and Colors.

(iii) A conceptual stormwater facility plan with associated landscape plan, if applicable, pursuant to Sections 10.486(2) or 10.729(2).