HomeMy WebLinkAboutOrdinance 5917 05/03/1999
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Ordinance 5917, page 1
ATTACHMENT 1
ORDINANCE NO. 5917
AN ORDINANCE AMENDING THE ZONING MAP FOR TAX LOT 5200, ASSESSOR'S
MAP 17-02-31-41 IN THE CITY OF SPRINGFIELD, LANE COUNTY OREGON FROM
LOW DENSITY RESIDENTIAL TO COMMUNITY COMMERCIAL.
WHEREAS, the application for a zone change was submitted in confomiance with the
provisions of Section 3.050 of the Springfield Development Code; and
WHEREAS, the Springfield Planning Commission conducted a public hearing on this proposed
zone change (10. No. 99-02-22) on April 6, 1999, and'the testimony, fmdings and conclusions of that
meeting, as found in Exhibit A of this ordinance, have been considered by the City Council; and
WHEREAS, the findings and testimony submitted by the applicant and those in support of this
zone change satisfy the criteria of approval for zone changes found in Section 12.030 of the Springfield
Development Code; and
WHEREAS, such zone change is in the best interest of the City in carrying out its plans and
. programs for the general development of the City; and
WHEREAS, timely and sufficient notice of the proposed zone change as prescribed in Section
14.030 of the Springfield Development Code was published and posted; and
WHEREAS, the Springfield Common Council met in Council Chambers, at 225 Fifth Street,
on Monday, the 19th day of April, 1999, at the hour of 7:00 p.m., to accept testimony on this
proposal; and
WHEREAS, the Common Council met for a second reading of this ordinance on Monday, May
3, 1999.
NOW, THEREFORE, THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS:
Section 1: The Council fmds that the legal notice of the hearing was lawfully published and
posted; that ~ objections were made at the zone change hearing held; that the public interest will not
be impaired by the zone change, and that the zone change of said property will be in the best interest of
the public and increase the benefit of the property involved.
Section 2: The zoning map of the City of Springfield is declared to be amended to change the
zone of Tax Lot5200, Assessor's Map 17-02-31'41 as described in Exhibit B of this ordinance, from
. Low Density Residential to Community Commercial.
Section 3: The fmdings adopted by the City Council in support of this zone change, are hereby
made part of this ordinance by reference.
ORDINANCE 5917
PAGE 1
Attachment 1-1
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ordinance 5917, page 2
Section 4: The City Recorder is directed to file certified copies of this ordinance with the Lane
County Clerk, Lane County Assessor, and Lane County Surveyor.
ADOPTED by the Common Council of the City of Springfield this 3rd day of May, 1999, by a
vote of 2- for and ~ against. One Councilor was absent.
APPROVED by the Mayor of the City of Springfield this 3rd day of May, 1999.
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Mayor
ATTEST:
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C. y Recorder
REVIEWED & APPROVED AS TO FORM
REVIEWED & APPROVED
AS TO FORM ,
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DATE:~ 'lj
QFFICE OF CITY ATTORNEY
ORDINANCE
Page 2
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Ordinance 5917, page 3
EXHIBIT A
MEMORANDUM
CITY OF SPRINGFIELD
DATE:
March 26, 1999
TO:
Springfield Planning Commission
COMMISSION
TRANSMITTAL
MEMORANDUM
FROM:
Sarah Summers, Planner II
SUBJECT: Zone change request by Benchmark Northwest
(Jo. No. 99-02-22) .
ISSUE
. The Planning Commission must decide whether or not to recommend approval to the City
Council of a Zone Change request from Low Density Residential (LOR) to Community
Commercial (CC) for approximately 0.83 acre of land.
DISCUSSION
The subject property consists of one tax lot (Tax Lot 5200, Tax Assessor's Map 17-02-31-41)
which is located at 176 South 4151 Street. The proposed zone change would bring the zoning
of the site into conformance with the Community Commercial designation of the site in the
Metro Plan and the Mid-Springfield Refinement Plan.
RECOMMENDATION
Staff recommends approval of this Zone Change based on findings contained in the attached
staff report.
ACTION REQUESTED
Planning Commission recommendation of approval of this request to the City Council.
ATTACHMENTS
Exhibit A: Zone Change Request Staff Report and Findings with attachments.
Exhibit B: Submittal by Applicant.
ordinance 5917, page 4 .
. EXHIBIT A
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ZONE CHANGE REQUEST
STAFF REPORT AND FINDINGS
APPLICANT
Benchmark Northwest (Jo. No. 99-02-22)
REQUEST
A change in zone from Low Density Residential (LOR) to Community Commercial (CC) for
approximately 0.83 acre of property located at 176 South 41 st Street (Tax Assessor's Map 17-
02-31-41, Lot 5200). The application was for a zone change only although proposed
development of the property was explained. The application was reviewed for zone change
only. Any development of the property is required to 00 throuoh site plan approval.
SITE DESCRIPTION
The subject property consists of a total area of approximately 0.83 acre of relatively flat land.
There is one existing single family house and a shed located on the property. SDC 18.020(8)
allows one single family dwelling, attached or detached to a commercial building, on property
zoned CC.
. WRITTEN COMMENTS
The application required the notification of property owners/occupants within 100 feet of the
subject property: No comments were received.
SPRINGFIELD DEVELOPMENT CODE ,CRITERIA
Section 12.030 of the Springfield Development Code established standards used in granting
zone ch~nges. In reaching a decision on these actions, the Planning Commission or Hearings
Official shall adopt findings which demonstrate that all of. the following criteria have been
addressed:
(1) Consistency with the Metro Plan Text and Diagram;
(2) Consistency with applicable Refinement Plans, special study area studies and
functional plans; and .
(3) That the property can be served by the orderly and efficient extension of key urban
facilities and services as prescribed in the Metro pran prior to, or in conjunction with
development.
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ordinance 5917, page 5
Page 2
Jo. No. 99-02-22
1. Consistency with the Metro Plan Text and Diagram:
a. METRO PLAN TEXT
The proposed Zone Change is consistent with the following Metro Plan policies:
Page 1-5, E. Relationship to Other Plans and Policies
In all cases, the Metropolitan Plan is the guiding document, and refinement plans
and policies must be consistent with the Metropolitan Plan.
Page 11-1 Plan Principles
4. Comprehensive plans identify and establish the Plan-zoning consistency
concept and recognize the importance of timing concerning implementation
techniques. Implementation techniques, including zoning, shall generally be
consistent with the precepts established in the Metropolitan Plan.
The Metro Plan and the Refinement Plan designate the subject property as Community
Commercial. Re-zoning the property from LDR.to CC implements the Mid-Springfield
Refinement Plan and the Metro Plan.
b. METRO PLAN DIAGRAM
The proposed Zone Change from LOR to CC would bring the subject property into
conformance with the Metro Plan diagram. The Metro PI.an designates the subject
property as CC; however, .the zoning is LOR.
Properties to the north and west are zoned CC. Property to the south is zoned Medium
Density Residential (MDR). An east-west line.drawn between CC and MDR zoned
properties would include the subject property within the CC area.
Findings:
1. The request is consistent with Metro' Plan Principles of zoning properties to be
consistent with the Metro Plan and the refinement plans.
2. The property is within the ee designation boundary on the Metro Plan Diagram.
2. Consistency with applicable Refinement Plans, special area studies and functional
plans:
The subject property is within the Mid-Springfield Refinement Plan. It is not within a
special area study or functional plan area. The Mid-Springfield Refinement Plan
designates the subject property as ee.
Finding: This criteria is met because the proposed ee zoning is consistent with the Mid-
Springfield Refinement Plan designation of ee.
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Ordinance 5917, page 6
Page 3
Jo. No. 99-02-22
. 3. That the property can be served by the orderly and efficient extension of key
urban facilities and services as prescribed in the Metro Plan prior to or in
conjunction with development.
The subject property is within the city limits and is currently served by the minimum
level of key urban facilities and services as defined by Policy 7a, on Page 11-8-4 of the
Metro Plan. All of the minimum level of urban facilities and services defined by this
policy can be available to serve this site. These include, but are not limited to, sanitary .
and storm sewer service, water service, electrical service, fire and emergency medical.
services, police protection, and land use controls. Many of the additional urban facilities
and services listed in Policy 8 on page 11-8-4 and 11-8 5 of the Metro Plan will be
available to service the subject property. Paved streets with adequate provision for
stormwater runoff and pedestrian travel meeting applicable local policies will be
required with any development of the property.
Finding: Because the subject property can be served by a full range of key urban
facilities and services, this criterion has been met.
CONCLUSION AND RECOMMENDATION
The application to rezone Tax Lot 5200, Assessor's Map 17-02~31-41, meets all of the criteria
of approval indicated in SDC 12.030. Staff recommends approval of the request to rezone the
property from LDR to ee.
PREPARED BY
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Sarah Summers
Planner II
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ord~nance 5917'Jpage 7
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ordinance 5917, page 8
EXHIBIT B
Applicant's Statement
Zone Change Request
Tax Lot 17-02-31-05200
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Nature of Request and General Site Description
This is a request for a chaJ).ge in zoning for 0.83 acres ofland located south of the intersection of Main Street
and 41st Street in Springfield. The land is currently zoned Low Density Residential (LDR). The specific
request is for rezoning to Community Commercial (CC).
The rezone will allow for the development of the western half of the parcel as a parking lot to serve Tax Lot
17-02-31-04600,4061 Main Street. At the time the structure at 4061 Main Street was submitted for review
and approval, the applicant believed typical tenants would require most of the space as warehouse, with little
office space required. Hence, the number of parking spaces was limited to'19 standard, one compact, and
one ADA space. Since that time, a tenant has entered into an agreement with the building owner, Benchmark
Northwest. This tenant will lease approximately 50 percent of the vacant building and will be remodeled
for office use. Based upon the tenant's use, the City has required 18 parking spaces, leaving three spaces
for the balance of building. Benchmark Northwest recognizes that three spaces will likely be inadequate for
any future tenant in the remaining one half of the building, and therefore, has detennined a need for
additional parking.
The lot proposed for rezone is currently zoned LDR, and contains one owner-occupied residence and a shed.
The existing structures would remain following rezoning, and the owner would continue to reside at that
location. Primary access to the proposed parking lot would be via the access at 4061 Main Street. If
necessary, the applicant is willing to provide a secondary access easement along the southern edge of the lot
to 41 st Street.
The area immediately surrounding the subject site includes: (a) to the west, Tax Lot 4700 is zoned
community commercial, (b) to the south, Tax Lot 5300 is zoned Medium Density Residential, (c) Tax Lot
4500, northeast of the subject lot is zoned Community Commercial, and (d) across 41st Street the zoning is
high density residential, with an existing apartment complex.
Zone Change Criteria
The criteria for evaluating a zone change request are found in Springfield Development Code, 12.030 (1)-
(3), and are stated below, with the applicant's response.
(1) Consistency with the Metro Plan Text and Diagrams
The Eugene-Springfield Metropolitan Area General Plan is the official long-range general plan (public policy
document) of metropolitan Lane County and the cities of Eugene and Springfield. The Plan sets forth
general planning policies and land use illlocations and serves as the basis for the coordinated development
of programs concerning the use and conservation of physical resources, furtherance of assets; and
development or redevelopment of the metroP9litan area. The subject parcel is proposed on the Metro Plan
Diagram as Medium Density Residential.
Page II-B-3, Objective 8
Encourage development of suitable vacant, underdeveloped, and redeveloped land where
services are available, thus capitalizing on public expenditures already made for these services.
January 29, 1999
Branch Engineering, Project 99-03A
Page 1 of3
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o,rdinance 5917, page 9
Lot 5200 is 0.83 acres in size, and contains one residential dwelling. The rezone and redevelopment of a
portion of the lot will allow for the expansion of commercial use of 4061 Main Street, while capitalizing on
existing public and private infrastructure.
Page ID-A-6, Policy 16
Encourage location of nonresidential, such as neighborhood commercial and small-scale light
industry, within residentially designated areas when those auxiliary uses are compatible with
refinement plans, zoning ordinance, and other local controls for allowed uses in residential
neighborhoods.
The proposed zone change is consistent with the above policy in that the rezoning from residential to non-
residential is proposed in an area designated by the plan for rezoning. Further, adjacent uses to the north and
west are already commercial in nature.
Page ID-A-7, Policy 26
Encourage in-filling and utilizing existing undeveloped subdivision lots in urban areas.
The lot proposed for rezone is 0.83 acres in size and contains one residential structure at the present time.
Conversion of the lot to community commercial will allow for the expansion of commercial use of 4061
Main Street, while capitalizing on existing public and private infrastructure.
Page ID-B-2, Finding 5
In order to meet the projected growth in the commercial and light manufacturing segments
of the economy, an adequate supply (quantitatively and qualitatively) of land must be
available. The current supply is not adequate to meet projected needs quantitatively,
qualitatively, or in terms oflocation, through the end of the century.
The proposed zone change would increase the available supply of needed commercial land. The number of
acceptable uses of the property at 4061 Main Street would be enhanced by the zone change.
Page ill-B-3, Finding 13
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There are presently inefficiently used resources in the metropolitan area, including land, labor,
and secondary waste products.
The lot proposed for rezone is 0.83 acres in size, and contains one residential structure at the present time.
Conversion of the lot to community commercial will provide for more efficient use of the land in the future.
Page ill-F-l, Finding 1
When compared to scattered urban growth, the compact urban growth form increases
opportunities to reduce intra urban trip lengths, to reduce transportation energy consumption,
. and to promote trips by means other than the automobile. .
January 29, 1999
Branch Engineering, Project 99-03A
Page 2 of3
ordinance 5917, page 10
(2) Consistency with applicable Refinement Plans, special area studies and functional plans.
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On April 4, 1988, the City of Springfield adopted the Mid-Springfield Refinement Plan (MSRP). This
refinement plan includes those properties fronting Main Street from 28th Street to 42nd Street. Therefore,
the subject property is within its boundary. The subject parcel (Tax Lot 5200) is proposed on MSRP
Diagram as Commercial. Therefore, the zone. change request is-consistent with the MSRP Diagram. Further,
City of Springfield Planning Department staff verified that no other Refinement Plans, special area studies
or functional plans apply to this site.
The Goal of the MSRP, as related to commercial development is:
Encourage attractive and functional commercial development on commercially-designated
land along Main and North 42nd Streets.
The building at 4061 Main Street is an attractive and. functional addition to Main Street. Rezoning the lot
to the south and providing additional parking at this location will enable the owner of the building to
maximize use of the space.
Commercial Development Policy Number 1 states:
Provide vacant and re-developable land to allow for the expansion of commercial uses, and to
encourage new commercial development along Main Street.
The rezoning of Tax Lot 5200, and construction of the parking lot will allow the applicant to better attract
new commercial tenants to 4061 Main Street.
. In the Criteria for Designating Commercial Land, Criteria 2 states, in part:
2. Allow for the expansion and/or redevelopment of strip commercial areas, considering
the following:
e. tax lot lines and existing commercial uses;
Referencing the map included with this submittal, the bearing of Tax Lot 5200's west and south boundaries
aligns with existing commercial tax lots to the north and west Therefore, rezoning of Tax Lot 5200 will
provide a contiguous "block" of commercial land at the southwest comer of 41 st and Main Stre~t.
(3) That the property can be served by the orderly and efficient extension of key urban facilities
and sei-vices as prescribed in the Metro Plan prior to or in conjunction with the development.
The.property in question is located within the City of Springfield, and all key urban services are available
to the site.
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January 29, 1999
Branch Engineering, Project 99":03A
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Page 3 of3
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ordinance 5917, page 11
EXHIBIT "A"
ZONE CHANGE FOR
DOUGLAS RANKIN
SPRINGFIELD, LANE COUNTY, OREGON
I
MAIN
STREET
N 89D4/'21' W
106.87
4700
4500
4600
III III E-oc
;"'to to;'" ~
CC l<'lu) CC tOtcl CC ~
tOol oltO
0-<\1 <\lO- t"/)
0<\1 <\10
0 0
~ ~
5300
AREA PROPOSED
FOR PARKING LOT
140 FEET WIDE
SCALE' 1"..100'
JANUARY 25. 1999
MDR'
REGISTERED
PROFESSIONAL
LAND SURVEYOR
~ PROPOSED
~.. PARKrNG LOT.
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:::::~::::::~::::: PROPOSED
.:.:.:.:.:.:.:.:.:.: ZONE mANGE
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OREGON
JULY 30. 1976
CLELL GOODWIN
1078
EXPIRES JUNE 30. 1999
=@Branch Engineering, Inc.
~ 310 FUth Street
Springfield, Orelon 97(77'
(6(1)7-(.6-0637 FAX (6(1)7(6-0389
PROJECT No. 99-03A
DWG. No. E'\99\99-03A\9903AEXB.DWG 1-25-99 KC
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ordinance 5917, page 12
BEFORE THE PLANNING COMMISSION
OF THE
CITY OF SPRINGFIELD, OREGON
REQUEST OF ZONE CHANGE
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JO. NO. 99-02-22
FINDINGS, CONCLUSIONS,
AND RECOMMENDATION
NATURE OF THE APPLICATION
Zone change from Low Density Residential to Community Commercial for Tax Lot 5200,
Assessor's Map 17-02-31-41
1. On February 12, 1999 the following application for a Zone Change was accepted:
Rezone approximately 0.83 acre of land from Low Density Residential to Community
Commercial, Journal Number 99-02-22, Benchmark NW applicant.
2. The application was submitted in accordance with Section 3.050 of the Springfield
Development Code. Timely and sufficient notice of the public hearing, pursuant to
Section 14.030 of the Springfield Development Code, has been provided.
3.
On April 6, 1999 a public hearing on the zone change request was held. The
Development Services Department staff notes including criteria of approval, findings
and recommendations, together with the testimony and submittals of the persons
testifying at that hearing have been considered and are part of the record of this
proceeding.
CONCLUSION
On the basis of this record, the requested zone change application is consistent with the criteria
of Section 12.030 of the Springfield Development Code. This general finding is supported by
the specific findings of fact and conclusions, in the attached staff report (Exhibit A) and
attached hereto.
RECOMMENDA liON
It is RECOMMENDED by the Planning Commission of Springfield that Journal Number 99-02-
22, Zone Change Request, be approved by the Springfield City Council.
ATTEST
AYES: ~
NOES: 0
ABSENT: ,;)..
ABSTAIN:
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ordi~ance 5917, page 13
EXHIBIT B
Legal Description
Lot 10, FREDERIC, as platted and recorded in Book 4, Page 67,
Lane County Oregon Plat Records, in Lane County, Oregon.
EXCEPT the South 115 feet and the West 100 feet thereof.