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HomeMy WebLinkAboutOrdinance 5917 05/03/1999 III . ~. 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 . . . 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. ~/Jl~/ Mayor ATTEST: " ~~ C. y Recorder REVIEWED & APPROVED AS TO FORM REVIEWED & APPROVED AS TO FORM , ....J~~('\~ . ~ ~\~ DATE:~ 'lj QFFICE OF CITY ATTORNEY ORDINANCE Page 2 . . . 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 . 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. . . . . 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. . . . 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 ~ Sarah Summers Planner II ('l o (, o <i' , ~ t-. " en ord~nance 5917'Jpage 7 ., <l \),.: ~~ \) ~ v SPR NG IELD 1-1:1, ~,200 /<10.0 . ~~'.:r(J'M'-~'7.(J' ~ :r.O' HIGHWAY I::) \$ 7777 $.19 '~<I- ~. -- ",."",1 """", T ,'/'"", ..;a.C 17' """,,,,,, P'.tI7 F ,~'. _ OI..,lJ"'-. . US 14 //1' /. 6 ,..' 6900 ,"'Ir/At ~ 70 0 ,,/KT ~ '. ~ ~ S ~ II-L;:4 ' 1'/) ~ /Yo ~ ~) (~ T' ~ 'T """" fl/"''''/' Z.C.tl7 " "~~. 5 I N sc\-4\'"Z.,.W ~ . 1'31.1'>" ~"r-~~' #' 4 500 ".~. I . 0.84 AC. c;:..+ I t- r- I en ., i sl. ~ ~I ~ ~ I " " ~ ~ I 2 I J . 10 ZJ:l+ 4600 6 r /..' 2- .87' 1~'.67' ""'.8" S.ll".'4\'Zo,'E ., r I 5200 ,). ~ <-:...~) ! ~ ('II" ) ~ " " .. .. f'1 SITE t- en .... - /.1/1' JD#' ~ ... ~~~. ~ . I. )f.~ - ~ l ~ ~ (~ , #" .. . i I'. \~+ .~~ + * 10 15 ;~I, .z." r. ,,'44'L .:.~ '" , 6400 '/-ZI.-Zf' /. "'44'''. ~ , /JI...lI' .4' ~ N IC') ~ N o ,.... 0.. a """,~ ., ., (/) ~4" CtJA. -. - . . . ordinance 5917, page 8 EXHIBIT B Applicant's Statement Zone Change Request Tax Lot 17-02-31-05200 .. &.J l 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 . . . 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 .. 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. . 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. . January 29, 1999 Branch Engineering, Project 99":03A . . Page 3 of3 . . . 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. I......... . :::::~::::::~::::: PROPOSED .:.:.:.:.:.:.:.:.:.: ZONE mANGE ......... e~~ 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 . . . ordinance 5917, page 12 BEFORE THE PLANNING COMMISSION OF THE CITY OF SPRINGFIELD, OREGON REQUEST OF ZONE CHANGE + + + 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: . . . 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.