HomeMy WebLinkAboutOrdinance 5925 06/21/1999
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ORDINANCE NO.
5925
AN ORDINANCE AMENDING THE ZONING MAP FOR TAX LOT 1201,
ASSESSOR'S MAP' 18-02-05-22 IN THE CITY OF SPRINGFIELD, LANE COUNTY
OREGON FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY
RESIDENTIAL.
WHEREAS, the application for a zone change was submitted in conformance with Section 3.050
of the Springfield Development Code; and
WHEREAS, the Springfield Planning Commission conducted a public hearing on the proposed
zone change (Journal No. 1999-03-0088) on June 1, 1999, and the testimony, findings, 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 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 7th day of June, 1999, at the hour of7:00 p.m., to accept testimony on this proposal; and
WHEREAS, the Common Council met for a second reading of this ordinance on Monday, June
21, 1999.
NOW, THEREFORE, THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS:
Section 1: The Council finds that the legal notice of the hearing was lawfully published and
posted; that _ objections were made to 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 ofthe City of Springfield is declared to be amended to change the
zone of Tax Lot 1201, Assessor's Map 18-02-05-22 as described in Exhibit B of this ordinance, from
Low Density Residential to Medium Density Residential
Section 3: The findings adopted by the City Council in support of this zone change are hereby
made part of this ordinance by reference.
ORDINANCE 5925
PAGE 1
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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 21 st day of June by a vote of
~ for and ~ against.
APPROVED by the Mayor of the City of Springfield this 21 s tday of June, 1999
1A~7K~
Mayor
ATTEST:
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City Recorder t
REVIEWED AND APPROVED AS TO FORM
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ORDINANCE5925
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Otdinance 5925
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. Staff Report and Recommendation
ZONE CHANGE REQUEST
Date Submitted: Journal Number:
March 30, 1999 1999-03-0088
Owner/Applicant: Subiect Property:
Anna Kuykendall
1243 East Jefferson
Cottage Grove, OR 97424
(541) 942-7251
Assessor's Map # 18-02-05-22
Tax Lot 1201
790 S. 42nd Street
Springfield, OR
Plan and Zone Desianation:
Nature of Request:
Metro Plan: Medium Density Residential The applicant requests a zone change
from Low Density Residential (LDR) to
Springfield Zone: Low Density Residential Medium Density Residential (MDR).
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Site Information:
The subject property is a narrow, deep parcel running east to west, with about 95.4 feet
of frontage on S. 42nd Street. The lot is approximately .93 acres in size. It is split-zoned
and is divided by the Springfield city limits. That portion within the city limits is 0.34
acres (24,804 square feet) in size and is zoned Low Density Residential (LDR).
The remaining .59 acres is outside the city limits but inside the urban growth boundary
and is zoned Medium Density Residential! Urban Fringe- 10 (MDR-UF-10). The entire
parcel is designated MDR in the Metro Plan.
This application concerns the .34 acre portion that lay within the city limits.
A house is located on the site that was converted to a duplex in 1997. The conversion
does not have pre-existing non-conforming status; as a result, the applicant is applying
for a zone change from LDR to MDR for this portion of the parcel. Duplexes are
permitted in the MDR district by SDC 16.020(5)(e).
Adjacent properties are large, deep lots developed with single-family residences. They
too are split by the city limit boundary and are zoned LDR with an MDR Plan
designation. The old Mt. Vernon School facility is located across the street.
Decision: Staff recommends approval of the applicant's request.
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Kuykendall Rezoning Request
File No. 1999-03-0088
EXHIBIT A
A-1
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Ordinance 5925
Page 4
Executive Summary
The applicant requests to rezone approximately the 0.34 acres of a 0.93-acre parcel that
is located within the Springfield city limits. The property is currently zoned Low De'nsity
Residential (LOR). The Metro Plan designation for the same property is Medium Density
Residential (MDR). The applicant contends the proposal is consistent with the site's
MDR land use designation as shown o'n the Eugene-Springfield Metropolitan Area
General Plan Diagram and that it remedies a plan/zone conflict. The applicant is not
seeking annexation or any modification of that portion of the property that is outside of
the city limits.
On its face the application is relatively straightforward. However, there is a peripheral
issue that has clouded the decision criteria for this request. The issue concerns the
adding of a second living unit to an existing house to create a duplex on the site. The
added living unit was completed without requisite building permits or inspections. The
issue of the building permit violation is outside the purview of the rezoning criteria.
Existing procedures are in place to address suc~ improper construction. The
Community SerVices Division is applying these procedures with the. property owner in a
separate action.
The criteria for judging rezoning requests address consistency with the Metro Plan;
consistency with refinement plans, special studies and functional plans; and the ability to
provide key urban services to the subject area in an orderly fashion (SDC.12.030).
The request is consistent with the Metro Plan Text and Diagram, and indeed resolves a
conflict between the Springfield Zoning Map and the Metro Plan Diagram. The request
does pose a conflict with the locally adopted Springfield Conceptual Street Map. The
structure on the property pre-dates the Conceptual Map, but is located in the path of a
planned extension of Mt. Vernon (Holly Street) from 4200 Streetto 38th Street. It appears
that without realignment of the street extension shown on the Conceptual Street Map the
structure will need to be demolished or moved. Finally, the existing structure is currently
served by all city services and is therefore in conformance with the remaining criteria for
approval of a rezoning request.
Staff finds that the applicant's request to rezone the property at 790 S. 4200 Street from
LOR to MDR is substantially consistent with the criteria for decision making detailed in
SDC 12.030.
I. Written Comments
No verbal or written comment was received from the public concerning this request.
Staff and agency comments that were received have been integrated into the findings
and conclusions of this report.
II. Procedural Requirements
Article 12.020 (1) oftheSpringfield Development Code (SDC) stipulates that Zoning
District changes shall be reviewed under a Type III procedure. A zone change request
Kuykendall Rezoning Request
File No. 1999-03-0088
A-2
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O'rdinance 5925
Page 5
requires the Springfield Planning Commission to review and the City Council to approve
an ordinance changing the zone designation for any particular site or area. Processing
of a rezoning request requires a mailed notice to be sent to each lot or parcel of property
that the ordinance proposes to rezone at least 20 days but not more than 40 days before
the date of the first hearing on the ordinance (ORS 215~530). Notice is also required to
be sent to all landowners within 100 feet of the subject property.
Findings:
1. A rezoning notice was mailed to the applicant and to properties within 100 feet of the
subject site on May 11th, 1999. The content of the notice was consistent with the new,
guidelines established under ORS 215.530 and with content specified in SOC 14.030.
2. Hearings are scheduled before the Springfield Planning Commission (June 1) and
before the Springfield City Council (June 7 and June 21) to consider an ordinance
rezoning the applicant's property.
Conclusion:
Procedural requirements have been met in the processing of this application.
III. Criteria for Approval
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SDC 12.030 establishes criteria to grant a Zone Change. The Director shall approve,
approve with conditions or deny a Zone Change based upon the following criteria:
(1) Consistency with the Metro Plan Text and Diagram;
(2) Consistency with applicable Refinement Plans, special 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 Plan prior to or in
conjunction with development.
Findings and Conclusions
(1) Consistency with the Metro Plan Text and Diagram;
Findings:
1. METRO PLAN DIAGRAM - The Metro Plan designation for this property is MDR.
This request for rezoning from LOR to MDR is therefore consistent with the Metro Plan
designation.
2. METRO PLAN TEXT - This request is consistent with the following Metro Plan
residential land use policies and objectives:
Objective 2. Provide residential areas that offer a variety of housing densities, types,
sizes, costs, and locations to meet projected demand. P. III-A-3.
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Kuykendall Rezoning Request
File No. /999-03-0088
A-3
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O'rdinance 5925
Page 6
The subject property is an area of primarily single family homes. This proposal will
allow for the integration one duplex into an area designated for MDR in the Metro
Plan.
Policy 3. Increase the supply of land zoned for low-, medium-, and high-density
residential uses con-elating the amount zoned with the projections of demand.
Periodically monitor and analyze the population and dwelling unit projections to
provide a reliable basis for land use decisions and to assure sufficient residential
land to maintain a balance between supply and demand. P. /II-A-4, 5.
The requested zone change would increase the supply of land zoned MDR by 0.34
acres. This increase meets the projected increase in demand for single-family
attached units described in the draft Eugene-Springfield Metropolitan Area
Residential land and Housing Study.
Policy 4. Provide for and promote generally high residential densities in the cun-ent
urban service area to encourage a compact urban growth form. P. /II-A-4.
This proposal would increase the residential density in the urba-n service area and
provide for compact urban growth form by preserving the converted single-family
dwelling unit into a duplex.
Policy 20. Conserve the metropolitan area's existing supply of sound housing in
stable neighborhoods in residentially planned areas through code enforcement,
appropriate zoning, rehabilitation programs, and by discouraging conversions to
nonresidential use. P. III-A-6.
The proposed zone change would preserve the existing duplex by bringing the
appropriate zoning into conformance with the site's Plan designation, consistent with
this policy.
Policy 23. Encourage increased residential density at various locations within cities
by complementing programs, policies, and code modifications that both establish
minimum densities and allow maximum densities pennitjed by local or Metropolitan
Area General Plan density categories in designated areas, when consistent with
other planning policies. P./II-A-6.
This proposal would increase the residential density in a location targeted for
increased density by the Metropolitan Area General Plan's MDR designation.
Therefore, changing the zone from lDR to MDR is consistent with this policy.
Policy 32. Zoning in accordance with other plan policies shall be used on a case-by-
case basis to meet multiple-family housing needs of the metropolitan area. P. /II-A-
7.
Philip Farrington of Satre Associates, P.C. correctly states that:
"The rezone application requested by the Applicant is a unique case. Denial of
the requested zone change would force reversion of the Applicant's duplex unit
to a single-family dwelling while leaving the existing Plan/zone conflict in place.
Conversely, approval of the request would bring the portion of the site within the
Kuykendall Rezoning Request
. File No. /999-03-0088
A-4
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Ordinance 5925
Page 7
Springfield city limits into conformance with the Metro Plan Diagram and allow
the Applicant to take appropriate measures to bring the duplex unit into
compliance with other City standards.. Because the Metro Plan designates the
area for MDR uses, a duplex would be a permitted use. Any future development
of the site would need to comply with minimum density requirements. Approval
would allow a duplex unit consistent with the proposed zoning district under SDC
16.020(5)(e), furthering the provision of multiple-family housing while maintaining
compatibility with the character and scale of the surrounding area. n
Conclusion: The applicant's request meets the stated criteria for approval.
(2) Consistency with Applicable Refinement Plans, special area studies and
functional plans;
Findings:
1. There are no adopted refinement plans or special area studies applicable to this
site. Two applicable functional plans include TransPlan and th~ Springfield
Conceptual Street Map.
2. The 1986 TransPlan and 1998 Draft TransPlan identifies South 42nd Street as a
minor arterial. The Draft TransPlan includes two unprogrammed Oregon Department
of Transportation (ODOT) projects for the street:
Proiect 951. Signal improvement at the Daisy signal intersection.
Proiect 954. Reconstruct 4200 Street from Main Street to Jasper Road to a 2-3 lane
facility with curbs, sidewalks, and bike lanes.
These projects will not adversely impact the zone change.
3. The Springfield Conceptual Street Map shows an extension of Mt. Vernon (Holly
Street) west from 4200 Street to connect with 38th Street. The extension is shown on
the Conceptual Map passing through the applicant's property is such a way as to
require moving or demolishing the existing structure on the site.
4. The structure that exists tOday predates the Springfield Conceptual Street Map.
appearing on an aerial photo taken in 1995. The Conceptual Street Map was
adopted by the City Council in June 1997.
Conclusion: The applicant's request meets the stated criteria for approval.
(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.
Findings:
The subject property is within the Springfield city limits and currently receives water
service and electric service from the Springfield Utility Board (SUB). The City of
Springfield provides other key urban services including sanitary sewer, storm water,
Kuykendall Rezoning Request
File No. 1999-03-0088
A-5
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Ordinance 5925
Page 8
police and fire protection. South 42nd Street is a County-maintained transportation
facility providing access to the site.
Conclusion: The applicant's request meets the stated criteria for approval.
Recommendation of Staff
Based upon the applicant's request, the stated criteria for evaluating rezoning requests
described in SDC 12.030, and the comments from city staff and cooperating agencies,
staff recommends that the request to rezone the property at 790 S. 42nd Street (Map #
18-02-05-22 TL 1201) from Low Density Residential to Medium Density Residential be
approved.
Additional Requirements
The following issues or requirements were mentioned in the comments received by
planning staff in the course of completing this report. This information is provided for the
benefit of the applicant and is not represented to be a complete list of additional
requirements.
~. Comments received from the Springfield Community Development Services Division
indicate the applicant will be required to employ a Professional Code Consultant to
evaluate whether the duplex structure complies with the building codes in force at the
time of construction. A letter is attached explaining the procedures to be followed to
achieve compliance with state and local building requirements. Approval of a request for
rezoning does not negate the requirement to bring the existing structure into compliance
with building regulations.
2. The Community. Services Division may collect additional permit fees that were not
collected at time of construction. The amount of those fees will be determined at the
time of the Professional Code Consultant's report.
3. Comments received from Willamalane Parks and Recreation District indicate that a
$924 systems development charge may apply to the duplex development
Attachments:
Attachment 1: Submitted Application Form
Attachment 2: Neighborhood Maps
2-A Current Zoning
2-8 Metro Plan Designations
2-C Conceptual Street Plan
Attachment 3: Written Statement! Report from Satre and Associates
Attachment 4: Letter to Anne Kuykendall from Community Services Division
Kuykendall Rezoning Request
File No. 1999-03-0088
A-6
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Ordinance 5925
Page 9
CITY OF SPRINGFIELD
DEVELOPMENT SERVlCES DEPARTMENT
225 FIFTH STREET
SPRINGFIELD, OREGON 97477
PHONE: (541) 726-3759
ZONE/OVERLA Y DISTRICT CHANGE APPLICATION
LOCATION OF PROPERTY qqD ~ Yl a!. <;fYJ~~C1~'J
EXISTING USE OF PROPERTY ~. 0 we...\ \ \ n~ \.\rd U-il
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THE UNDERSIGNED ACKNOWLEDGES THAT THE INFORMATION IN TIllS
APPLICATION IS CORRECf AND ACCURATE.
OWNER NAME
ADDRESS
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IF THE APPLICANr IS THOER THAN THE OWNER, THE OWNER HEREBY GRANTS
PERMISSION FOR THE APPLICANT TO ACf IN THEm BEHALF.
OWNER SIGNATURE ~ 1<-!!J..j~
PLEASE ATTACH THE NAME, ADDRESS, PHONE NUMBER AND SIGNATURE OF
ANY ADDITIONAL PROPERTY OWNERS.
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Ordinance 5925
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Neighborhood Maps
2-A Current Zoning
2- B Metro Plan Designations
2-C Conceptual Street Plan
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ZONE CHANGE REQUEST
Journal Number: 1999-03-0088
(Current Zoning)
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ZONING
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_ Community Commercial
_ Public Land & Open Space
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MT VERNON RD
ZONE CHANGE REQUEST
Journal Number: 1999-03-0088
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Ordinance 5925
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SATRE
ASSOC:tATES
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Satre Associates, P.e.
. 132 East Broadway
Suite 536
Eugene. Oregon 97401
Phone 541.465.4721
Fax 541.465.4722
1.800.662.7094
www.satrepc.com
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March 30, 1999
City of Springfield
Development Services Department
225 Fifth St.
Springfield, OR 97477
Phone: (541) 726-3759
Re: Zone Change Application
Dear Planning Staff:
This letter and 'accompanying materials constitute a complete submittal package for a
zone change for the portion of 790 South 42nd Street (Map No.18-02-05~22, Tax Lot
1201) within the Springfield city limits. ,Pursuant to application requirements, the
following materials are submitted for Completeness Review:
Bound Herein
Zone Change Application
Written Statement
A. Land Use Request
B. General Information
C. Site Information
D. ,Zone Change Criteria I Supporting Findipgs
. Attachments
A. Tax Lot Map
B. Legal Description
C . Warranty Deed
D. Springfield Zoning Map (excerpt)
E. Metro Area Plan Diagram (excerpt)
F. Water Service Map
G. Electric Service Map
H.Wastewater Service Map
Number of Pages
. 1
6
Number of Pages
1
4
2
1
1
I
1
1
Also included is check #571 in the amount of $840.00 to cover the cost of the
application fee and postage.
As the Applicant's Representative, I am available to answer any questions or provide
additional information as needed. Thank you for your consideration of this request,
and for your usual courtesy.
Sincerely,
.:,
PlaltllerS, Landscape Architects "lid Natl/ral Resol/rce Specialists
A-12
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Ordinance 5925
Page 15
iIIJJIII
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SATRE
ASSOCIATES
ZONE CHANGE APPLICATION
For
790 SOUTH 42ND
Assessor's Map 18-02-05-22, Tax Lot 1201
Applicant:
Anna Kuykendall
1243 East Jefferson
Cottage Grove, Oregon 97424
March ~O, 1999
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A-13
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Zone Change - Written Statement
Kuykendall Property - 790 South 42nd Street
Satre Associates, P.c.
March 30. 1999
Ordinance 5925
Page 17
Page 2
west of the Holly Street intersection with South 42nd Street. The site is
roughly 0.93 acres in size, configured and located as shown in Attachment A.
The eastern approximately 0.59 acres are zoned MDRlUF-1 0 and the western
approximately 0.34 acres of the lot are zoned LDR. The MDRlUF-1 0 portion
of the site is outside the Springfield corporate limits, however the entire parcel
is within the Springfield Urban Growth Boundary (UGB) and the Metro Plan
boundary. The property has 95.4 feet of frontage on South 42nd Street along
its eastern border.
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North of the site is another parcel (Tax Lot 1100,0.95 acres) that is also
divided by the city/county jurisdictional boundary. West of the site is a small
parcel (0.22 acres, Tax Lot 1200), also owned by the Applicant, that is
located outside the city limits. To the south is another lot with split zoning
divided along jurisdictional boundaries (fax Lot 1300), and a 2.7 acre parcel
(fax Lot 1400) zoned Community Commercial that is located entirely outside
the Springfield city limits. Across South 42nd Street to the east is the former
,Mount Vernon Elementary School, surrounded by single-family housing.
C.3. Site Description, Current Use and Existing Conditions
The site currently has one house that is being used as a duplex and a storage
shed/shop. When the Applicant purchased the house originally, an addition to
the original house had been constructed and the dwelling had been modified to
support two dwelling units. The Applicant's former husband completed
interior carpentry and flooring in 1997 and converted the dwelling into a
duplex. The duplex conversion does not have pre-existing non-conforming
status, therefore~as directed by City planning staff-the Applicant is
applying for a zone change for the portion of the subject parcel within the City
limits to the MDR zoning district. Per SDC 16.020(5)(e), duplexes are
permitted outright in the MDR district.
The western 270 feet of Tax Lot 1201 (0.59 acres) lies outside of the
Springfield city limits and is zoned MDRIUF-lO (see Springfield Zoning
Map, Attachment D). The eastern 159 feet of the subject property (0.34
acres) lies within the Springfield corporate limits and is currently zoned LDR.
The Applicant is not seeking any modifications at this time to the portion of
the site located outside the Springfield city limits and zoned MDRIUF-I0.
The Metro Plan Diagram (Attachment E) designates the site and surrounding
parcels for Medium Density Residential land uses. A driveway extending
westward from South 42nd Street into the site follows along the northern
property line accessing both Tax Lots 1200 and 1201. Tax Lot 1200 is also
owned by the Applicant, and abuts the subject property to the west.
The southern property line runs 449.8 feet, abutting Tax Lot 1400 for 159.38
feet and Tax Lot 1300 for 260.4 feet. The northern property line runs 435.6
feet and abuts Tax Lots 1100 and 1004.
Surrounding properties are zoned as follows:
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Zone Change - Written Statement Page 4
KuykendaIl Property - 790 South 42nd Street
Satre Associates, P.c.
March 30. 1999
Ordinance 5925
Page tJ. ZONE CHANGE CRITERIA I SUPPORTING FINDINGS
D.l. Supporting Findings
The following findings demonstrate that the parcel is consistent with the
criteria for) the requested Zone
D.1.a. Criterion SDC 12.030(1)
(1) Consistency with Metro Plan Text and Diagram;
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The proposed change in zoning for the portion of the site within the
Springfield city limits from LDR to MDR is consistent with the Metro Plan
Diagram, which designates the subject property for Medium Density
Residential land uses. The proposed zone change would correct a conflict
between the site's Metro Plan designation and its current zoning.
The following findings demonstrate that the proposed zone change is
consistent with applicable Metro Plan text and policies. -
Residential Land Use and Housing Element
· Policy 3: "Increase the supply of land zoned for low-, mediwn-, and high-
density residential uses correlating the amount zoned with the projections of
demand. Periodically monitor and analyze the population and dwelling unit
projections to provide a reliable basis for land use decisions and to assure
sufficient residential land to maintain a balance between supply and
demand." (pg..III-A-4,5)
The requested zone change would increase the supply of land zoned MDR
by only 0.34 acres, but nonetheless is consistent with the above policy in
that the change properly correlates the portion of the site within the
Springfield city limits with its Metro Plan designation.
The draft Eugene-Springfield Metropolitan Area Residential Land and
Housing Study identified that 47% of future housing needs would be met
by single-family attached and apartment units (pg. 47). It should be noted
that the subject site was not included in the site inventory for the
Residential Lands Study, as the analysis only included only vacant parcels
of 10 acres or more if zoned or designated for low density residential
development or 1 acre or more if zoned or designated for medium and high
density residential development.
. I,
Although the Applicant has no immediate plans for further development of
the subject site, the nominal increase in the amount of land zoned MDR
correlates to this anticipated demand. The Applicant's immediate plans for
the site simply consist of site cleanup and bringing the existing dwelling
into conformance with City requirements.
· Policy 20: "Conserve the metropolitan area's existing supply of sound
housing in stable neighborhoods in residentially planned areas through
code enforcement, appropriate zoning, rehabilitation programs, and by
discouraging conversions to nonresidential use." (pg. III-A-6)
j
A-17
.
Zone Change - Written Statement
Kuykendall Property - 790 South 42nd Street
Satre Associates, p,c.
March 30. 1999
Ordinance 5925
Page 20
Page 5
The proposed zone change would conserve and preserve the utility of the;
existing duplex by bringing the appropriate zoning into conformance with the
site's Plan designation, consistent with the above policy. The Applicant is
taking measures to achieve compliance with City code enforcement activities
on the site, which would further strengthen the stability and value of the
property's residential use.
· Policy 32: "Zoning in accordance with other plan policies shall be used on a
case-by-case basis to meet multiplejamily housing needs of the
metropolitan area." (pg~ III-A-7)
The rezone requested by the Applicant is a unique case. Denial of the
requested zone change would force reversion of the Applicant's duplex unit to
a single-family dwelling while leaving the existing Plan/zone conflict in place.
. Conversely, approval of the request would bring the portion of the site within
. the Springfield city limits into conformance with the Metro Plan Diagram and
allow the Applicant to take appropriate measures to bring the duplex unit into
compliance with other City standards. Because the Metro Plan designates the
area for MDR uses, a duplex a would be a permitted use. Any future
development of the site would need to comply with minimum density
requirements. Approval would allow a duplex unit consistent with the
proposed zoning district underSDC 16.020(5)(e), furthering the provision of
multiple-family housing while maintaining compatibility with the character and
scale of the surrounding area.
.
D.1.b. Criterion SDC 12.030(2)
(2) Consistency with applicable Refinement Plans, special area studies and
functional plans;
There are no adopted refinement plans or special area studies applicable to the
project area. The application's consistency with applicable functional plans is
outlined below.
TransPlan
South 42nd Street is currently identified as an existing minor arterial in the
adopted 1986 TransPlan and the 1998 Draft TransPlan. The 1998 Draft
TransPlan contains two unprogrammed aDaT projects for South 42nd Street.
Project 954 plans to reconstruct South 42ndStreet from Jasper Road to Main
Street into "2- to 3-lane facility" with curbs, sidewalks, and bike lanes.
Project 951 involves a signal improvement at the Daisy signal intersection (as
described in the Draft TransPlan), which has no direct bearing on the subject
property .
While the proposed South 42nd Street improvements would enhance the abjlity
of the site to further develop, the Applicant is not proposing any further
development on the site. Rather, the requested zone change is being sought to
comply with City directives and bring the existing duplex unit into
conformance with zoning, Plan designation and Code provisions.
.
A-18
.
.
.
Zone Change - Written Statement
KuykendalI Property - 790 South 42nd Street
Satre Associates. P.c.
March 30. J 999
Ordinance 5925
Page 21 D.1.e. Criterion SDC 12~030(3)
(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.
Page 6
The proposal complies with the above criterion because the subject site is
currently served available urban services (including sanitary sewers, solid
waste management, water service, fire and emergency medical services, police
protection, parks and recreation programs, and electric service) or can be
served by the extension of key urban services (stormwater facilities). The
water service map (Attachment E) shows the site is connected to water and
sewer via an 8" pipe from South 42nd Street along the eastern property
boundary. The Springfield Utility Board and Metro Wastewater Management
Commission provide electrical and sewer services to the area (Attachments F
and G, respectively). Upon improvement of South 42nd Street to urban
standards, the subject property will be connected to stonnwater lines installed
concurrent with installation of curbs, gutters, and sidewalks.
Communication facilities are provided by U.S. West Communications;
numerous long distance telephone, internet, cellular telephone and wireless
telecommunications providers; and TCI Cable for cable television. Overhead
telephone lines are located along South 42nd Street. The City of Springfield
Development Services Department administers and enforces land use policies
and procedures for the subject property.
The Applicant has no immediate plans to further develop the subject property
within the Springfield city limits or to annex the remaining portion of the site
into the city, such that additional infrastructure development would be
warranted.
Conclusion
The above findings demonstrate that the proposal meets the zone change criteria for
approval outlined in SDC 12.030.' The continued use of the existing duplex can be served
by available key urban facilities, and the proposed zone change is consistent with the Metro
Plan's applicable text and the Metro Plan Diagram. Approval of the zone change request
addressed an inconsistency between the Plan designation and zoning for the portion of the
subjeCt property within the city of Springfield. We urge the Planning Commission to
approve the request presented, and appreciate your usual thoughtful consideration;
A-19
,)
225 FIFTH STREET
SPRINGFIELD. OR 97477
(541) 726-3753
FAX (541) 726-3689
DEVELOPMENT SERVICES DEPARTMENT
Ordinance 5925
_age 22
May 19, 1999
Anna Kuykendall
1 243 E Jefferson
Cottage Grove, OR 97424
RE: House at 790 South 42nd Street, Springfield, Oregon
Ms. Kuykendall:
I am the Community Services Division representative to the Development Review Committee
which reviewed you request to rezone the subject property to Medium Density Residential.
As a result of this request, we became aware that the existing single family dwelling on the
property has undergone a remodel and addition which has converted the structure to a duplex.
This work was apparently performed without benefit of required per~its or inspections from
, this office.
I have researched our building permit records, and find only a record of a permit for fire
damage repair obtained by, a former owner, William Hall, in 1982.
.
. The purpose of this letter is to inform you that rezoning of the property may bring the duplex
into compliance with City Of Springfield Development Code land use regulations, but does not
address the issue of compliance with requirements,of the State One And Two Family Dwelling
Code which is enforced by the Community Services Division in this jurisdiction. To achieve
compliance with applicable Building Code regulations, you need to do the following:
Employ a Professional Code Consultant to perform a detailed inspection of the building,
and develop a report of their findings relative to compliance with applicable provisions
of the Code. If you can provide acceptable evidence of when the work was
performed, We will allow the Code review to be performed based on the edition which
was applicable at that time. If you cannot provide such evidence of when the work
was performed, we will require that the compliance review be to the current edition
of the Code.
Submit the Code compliance report to this office for our review.
Obtain required permits and inspections of all work which was performed without
benefit of such required permits and inspections, as well as any additional work which
may be required to bring the structure into compliance with applicable Codes.
Obtain a Certificate Of Occupancy from this office prior to use of the structure for
human habitation.
The Code compliance review may reveal that much of the work which was performed is not
in compliance with applicable Code requirements. If this is the case, it may be easier for you
to convert the structure back to a single-family dwelling. Please feel free to contact me at
your earliest convenience with any questions you may have regarding the above requirements
at 726-3669. We appreciate your anticipated cooperation in bringing the structure into
compliance with minimum Building Safety Codes.
.
A-20
.
.
.
Ordinance 5925
Page 23
Sincerely,
4~~
Lome W. Pleger, Plans Examiner
cc: Philip Farrington, Satre Associates, P.C.
A-21
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.
".
o.rdinance 5925
Page 24
"
BEFORETHE PLANNING COMMISSION
OF THE CITY OF SPRINGFIELD
REQUEST FOR ZONE CHANGE J
JO. NO. 99-04-0091 J
FINDINGS, CONCLUSION AND ]
RECOMMENDATION ]
NATURE OF THE APPLICATION
Zone change from Springfield City zoning classification of Low Density Residential
(LDR) to Springfield City zoning classification of Medium Density Residential for
property located at 790 S. 42nd Street. The property is identified as Tax Lot 1201,
Assessor's Map No. 18-02-05-22. The applicant, Anne Kuykendall, is represented by
Satre Associates of Eugene. The Development Services file number for the proposal is
1999-03-0088. '
1. The application conforms to the provisions of 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 was provided.
2.
On June 1,1999, a public hearing on the zone change requestwas held. The
Development Services staff notes, including criteria of approval, findings, and
recommendations, together with the testimony and submittals of those persons
testifying at the hearing or in writing, have, been considered and are part of the
record of this proceeding.
CONCLUSION
On the basis of this record, the requested zone changes are consistent with the criteria
of approval of Section 12.030 of the Springfield Development Code. This general
finding is supported by the specific findings of fact and conclusion in the staff report
and attached hereto.
RECOMMENDATION
It is RECOMMENDED by the Planning Commission of Springfield that Journal Number
1999-03-0088, Zone Change Request, be approved by the Springfield City Council.
This RECOMMENDATION was presented to
Commission on June 1, 1999.
ATTEST:
AYES:
NOES:
ABSENT:
ABSTAIN:
to
o
-L
()
ATTACHMENT B-1
.
.
.
O"rdinance 5925
Page 25
ORDINANCE NO. .
AN ORDINANCE AMENDING THE ZONING MAP FOR TAX LOT 1201,
ASSESSOR'S MAP 18-02-O5~22 IN TI-IE CITY OF SPRINGFIELD, LANE COUNTY
OREGON FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY
RESIDENTIAL.
WHEREAS, the application for a zone change was submitted in confonnance with Section 3.050
of the Springfield Development Code; and
WHEREAS, the Springfield Planning Commission conducted a public hearing on the proposed
zone change (Journal No. 1999-03-0088) on June 1, 1999, and the testimony, findings, 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 o(the Springfield
Development Code; and
WHEREAS, such zone change is in the 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 7th day of June, 1999, at the hour of7:00 p.m., to accept testimony on this proposal; and
1999.
WHEREAS, the Common Council met for a second reading of this ordinance on Monday, June 21,
NOW, TI-IEREFORE, THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS:
. Section 1: The Council finds that the legal notice of the hearing was lawfully published and posted;
that _ objections were made to 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 Lot 1201, Assessor's Map 18-02-05-22 as described in exhibit B of this ordinance, from Low
Density Residential to Medium Density Residential
Section 3: The findings attached hereto in support of this zone change have been thoroughly
reviewed, found to satisfy the criteria for approval of the zone change, and are hereby adopted and made
part of this ordinance by reference.
ORDINANCE
PAGE 1
ATTACHMENT C~1
.
.
.
O~dinance 5925
Page 26
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 21st day of June by a vote of
_ for and _ against.
/}
APPROVED by the Mayor of the City of Springfield this _ day of June, 1999
Mayor
A TrEST: .
City Recorder
REVIEWED AND APPROVED AS TO FORM
jo~...4'.-\ j \..~ A",,"{
Off-nE ot=" ~ c..~1 p;\\ O<tWfi
'/2./ct~
-' ORDINANCE
PAGE 2
C-2
.
.
.
O-rdinance 5925
Page 27
Kuykendall Rezone Request
Journal No. 1999-03-0088
Table of Current and Proposed Zoning/Metro Plan Designations
Assessor's Map No. 18-02-05-22 Tax Lot 1201
Current Zoning
Current Plan Designation
(No change will occur as a result
of this request)
Medium Density Residential
MDR
Proposed Zoning
Low Density
Residential LOR
Medium Density Residential
MDR
The rezoning request would change the existing zone designation for the subject property
from Low Density Residential to Medium Density Residential. No change in the Metro
Plan designation has been requested. ,
"
EXHIBIT B