HomeMy WebLinkAboutOrdinance 5929 07/06/1999
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ORDINANCE NO. 5929
AN ORDINANCE AMENDING THE ZONING MAP FOR TAX LOT 1001, ASSESSOR'S
MAP 17-02-34-32 IN THE ,CITY OF SPRINGFIELD, LANE COUNTY OREGON FROM
MEDIUM DENSITY RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL.
---- WHEREAS, the application for a zone change was submitted in conformance 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 (Jo. No. 99-04-0(91) 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 fmdingsand 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
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WHEREAS, the Springfield Common Council met in Council Chambers, at 225 Fifth Street,
on Monday, the 21st day of June, 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 Tuesday, July
6, 1999. j
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 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 Findings of the Springfield Planning Commission (10. No. 99-04-0091) have been
reviewed and are hereby adopted in support of this zone change, and are hereby made part of this
ordinance by reference.
Section 3: The zoning map of ,the City of Springfield is declared to be amended to change the
zone of Tax Lot 1001, Assessor's Map 17-02-34-32, as described in Exhibit B of this ordinance, from
Medium Density Residential to Neighborhood Commercial. '
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ORDINANCE 5929
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Section 4: The City Recorder is directed to file cenified 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 6th day of July; 1999, by a
vote of ~ for and ~ against.
APPROVED by the Mayor of the City of Springfield this 6th day of July, 1999.
ATTEST:
UJ 0 iLJ {jJLtf'/Jv'--J
. TIV Recorder
REVIEWED & APPROVED
.~FOR~ ~_
DATE:~l q \ q "-
OFFICE OF CITY ATTORNEv
1AaJM2~~
Mayor
ORDINANCE No. 5929
Page 2
Ordinance 5929, page 3
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ZONE CHANGE REQUEST
STAFF REPORT AND FINDINGS
APPLICANT
Fodor & Associates (Jo. No. 99-04-0091)
REQUEST
Zone Change from Medium Density Residential (MDR) to Neighborhood Commercial (NC) for
approximately 0.28 acre of property located at 110 S. 59th Street.
SITE DESCRIPTIONIBACKGROUND
the subject property (assesso(s map #17-02-34-32, tax lot 1001) is located at the southwest comer of
-;-. -- --South 59~eet-and .Main Street.-::-The property .is relatively -flat ~nd:contains:8 .<fentaLdinic;:built-in n ..
.1979. A dental practice has operated at this location by the property owner and his associates since that
time. The building Is a single-story structure with a main entrance on 59lh Street. Paved parking Is
provided at the rear of the building. The site has about 74 feet of frontage on Main Street and about 168
feet on 59lh Street. The property has landscaped setbacks from both 59lh and Main Streets.
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The surrounding zoning Is shown on Attachment 1. To the east of the dental clinic, on the east side of S.
59lh Street, is an Insurance sales office, to the west Is one of two single-family residences In this block.
Immediately south of the subject property are apartment buildings. Directly on the opposite side of Main
Street, the property is zoned General Office (GO) and has a flower shop and a variety of other
commercial uses. .
At the time the clinic was built, the land was zoned -residential professional- (RP) and the development
and commercial use conformed with this zoning. Since that time, the area was rezoned to residential as
part of the 1982 adoption of the Metropolitan Plan. Under the residential zoning designation, the dental
clinic has continued to operate as a non-conforming use.
The Neighborhood Commercial zoning district is not designated on the Plan Diagram because the total
area of NC sites cannot be more than five acres in size, and the Diagram does not show designations
less than five acres. The determination ofthe appropriateness of specific sites and uses or additional
standards Is left to the local jurisdiction. The applicant has addressed the appropriateness of designating
this property as NO in his supporting documentation (Attachment 2, pp. 7 -11).
WRITTEN COMMENTS
Property owners/occupants within 100 feet of the subject property were notified of the zone change
request. No comments were received.
SPRINGFIELD DEVELOPMENT CODE CRITERIA
SDC 12.030 establishes criteria to grant a Zone Change. In reaching a decision on these actions, the
Planning Commission shall adopt findings which demonstrate that all of the following criteria have been
addressed:
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Ordinance 5929, page 4
(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 Plan prior to or in conjunction with development.
1. CONSISTENCY WITH THE METRO PLAN TEXT AND DIAGRAM.
a) METRO PLAN TEXT - This request is consistent with the following Metro Plan residential land use
policies and objectives:
HousinQ Element
Policy #3, (p.III-A-4):
Increase the supply of land zoned for low-, medium, and high-density residential uses correlating the
-. - amount. zoned with the projections ofdemand.-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.
This zone change will not affect the supply of residential land, since this property is already developed.
Based on the Draft Site Inventory for the Residential Land Study, this property was not included as part
of the residential land base. for the supply calculation and therefore would not affect the amount of.
r,esidential land available to meet future needs.
Economic Element
Policy #25 (p. III-B-6)
Recognize the vital role of neighborhood Commercial facilities in providing services and goods to a
particular neighborhood.
The dental clinic serves the ne.eds of the local neighborhood residents and those of the greater
community. The clinic has provided neighborho9d services at this location for over 20 years.
This application is also consistent with the following Metro Plan statement pertaining to land which is
designated Residential:
Land Use Desionatio'ns (p. II-E-2)
1. Residential
This category is expressed in gross acre density ranges. Using gross acres, approximately 30 percent of
the area is available for auxiliary uses, such as streets, elementary andjunior high schools, neighbornood
parks, other public facilities, nelahborhood commercial services. and churches not acfuallyshown on the
diagram. [emphasis added] .
b) METRO PLAN DIAGRAM - The Metro Plan Diagram designation for this property is MDR. The Plan
Diagram does not, however, Indicate NC designations, because the total acreage must be less than five
acres in size. These facilities are typically located In residential areas and are characterized by uses
such as personal services (including dental offices). Factors for using the NC designation include
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Ordinance 5929, page 5
landscaping, design and building scale which are compatible with the surrounding residential area (see
Attachment 2, p. 7).
Findings:
1. The Metro Plan Diagram designation (or this properly is MDR, however, the NC zoning designation is
not indicated on the Plan Diagram. The detennination of the appropriateness (or specific sites is left to
the local jurisdiction.
2. The request is consistent with Metro Plan text policies relating to the provision of Neighborhood
Commercial uses in residentially designated areas.
2. CONSISTENCY WITH APPLICABLE REFINEMENT PLANS, SPECIAL AREA STUDIES AND
FUNCTIONAL PLANS; AND
There are no applicable refinement plans, special area studies or functional plans pertinent to this area
(Attachment 2, p.11).
Finding: 711ls criteria Is not applicable to this proposal.
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3. THAT THE PROPERTY CAN BE SERVED BY THE ORDERLY AND EFFICIENT EXTENSION OF
KEY URBAN SERVICES AS PROSCRIBED IN THE METRO PLAN PRIOR TO OR IN CONJUNCTION
WITH DEVELOPMENT.
All of the minimum level of services defined in the Metro Plan under Policies 7 and 8 on Page 11-8-4 are
currently available to serve this property. These include, but are not limited to, sanitary service, water
service, electrical service, fire and emergency medical services, police protection, and land use controls.
Public sanitary sewer is available from a sanitary stub on S. 59th Street. The CitY's storm drainage
system serves this area from the 42-inch line in Main .Street. Public water and electric service are
provided by Springfield Utility Board and are available to the site. The property is within City limits and is
provided fire, ambulance and police service by the City of Springfield. Main Street and 59TH Street are
both fully improved streets (Attachment 2, p.11)
Finding: Because the subject property can be served by a (ull range of urban facilities and services, this
criterion has been met.
CONCLUSION AND RECOMMENDATION
The applicant's submittal has addressed the approval criteria of SDC 12.030 to rezone the property from
MDR to NC. Staff concurs and recommends approval of this request to rezone Tax Lot 1001, Assessor's
Map #17~02-34-32.
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Ordinance 5929, Tal~ tot Map ShoWi~g Current Zoning
(Map location: 17-02-34-32)
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Ordinance.5929,:p~ge 7
ZONE CHANGE APPLICATION
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On behalf of Dr. Nicholas L. Kenney we are filing this application for a change in
zoning designation from medium density residential (MDR) to neighborhood
commercial (NC) to allow the dental clinic at 110 South 59th Street in Springfield,
Oregon to continue operation as a conforming use.
EXPLANATION OF .PROPOSAL
Background
The dental clinic at 110 South 59th Street was built in 1979. A dental practice has been
operated at this location by Dr. Kenney and his associates since that time. The practice
continues to do well and serve the community. Dr. Keimey has no plans to change the
b~sic operation of the clinic in any way. The building was well-designed and
constructed and remains essentially the same as it was originally built.
The dental clinic is a neighborhood and family practice. It employs 10 people, including
twO dentists, four dental hygienists, three assistants and two receptionists. Patients
come from the immediate neighborhood as well as East Springfield, the McKenzie
Valley and the greater Springfield Metro Area.
At the time the clinic was built, the land was zoned '~residential professional" or RP and
the development and commercial use conformed with this zoning. However, since that
time the zoning was changed to medium density residential (MDR). Under the MDR
zoning, the clinic may continue to operate as a non-conforming use. While a non-
conforming use can continue indefinitely, the non-conforming status poses some risks to
Dr. Kenney and his business. A lapse in use of the building for 90 days or more could
cause the loss of his exemption. Also, with a fire or other property damage to more than
SO percent of the structure he would not be able to re-build the structure. To protect Dr.
Kcnncy's business if1\'cs[!11cn[ 2nd [0 n12ke the zoning conSiS[CI1f with the properlY's use
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r:odor-c. !"ssoci:1tes . f~erlney Zone ChZlnlje l,ppliCZltio:1 . P2Z':: 2
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Ordinance 5929, page 8
as a dental clinic, we are seeking a zone change to neighborhood commercial (NC).
Property Location, Description, and Setting
The dental clinic is located at the southwest corner of South 59lh Street and Main Street
in Springfield (see location map, Figure 1). The building is a single-story structure with
a main entrance on 59lh Street (see Figure 2). Parking is provided at the side of.the
building as shown in the photo in Figure 3. The property is fairly level and has
landscaped setbacks from both 59th and Main Streets (Figure 4). The property has about
74 feet of frontage on Main Steet and about 168 feet on 59th Street.
Figure 1: Locational Map
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Fodor & Associa(es . Kenney Zone Change ;"pplica(ion . Page 3
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Ordinance 5929, page 9
Figure 2: View of Property and Dental Clinic From Across 59th Street
Figure 3: View Showing Clinic Parking Area at South End of Property
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Fodor & Associatcs . Kcnney Zone Change Application . Pagc 4
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Ordinance 5929, page 10
Figure 4: Property has a Landscaped Setback from Main Street
The setting is near the eastern end of the long Main Street commercial strip. This
commercial area has developed rapidly over the last five years. Directly on the opposite
side of Main Street, the property is zoned General Office and a flower shop and a variety
of other commercial uses operate there (see Figure 5). To the east of the dental clinic, on
the other side of 59th Street, is the office for Northwest Insurance Service. This property
is also a non-conforming commercial use and the owner is in the process of applying for
a similar zone change to Neighborhood Commercial. To the west of the propeny on
Ma.in Street is one of two single-family residences in this block. Further west in the
next block is a Burger King and 7-Eleven. Further back from Main Street and
immediately south of the property on 59th Street the properties are apartment buildings
zoned medium density residential. The surrounding zoning is clearly shown on a tax lot
map and provided in Exhibit G. . ·
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Fodor & Associates . f~enney Zone Ch2nge Application . Page 5
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Ordinance 5929, page 11
Figure 5: Commercial Area on Opposite Side of Main Street
The area along Main Street is heavily impacted by the high traffic volumes of this
arterial road. Most people would find it undesirable to live along such a busy and noisy
route. Under these circumstance) a commercial strip provides a beneficial buffer for
residential property. Commercial properties are not as impacted by traffic noise and
safety concerns and usually benefit from the added visibility and accessibility of a Main
Street location.
Site Plan Review
'No construction or change in use is planned for this property and a site plan review is
not required for this application.
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Fodor & Associates . Kenney Zone Change I'\pplication . Page 6
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Ordinance 5929, page 12
INFORMATION SUPPORTING REQUEST
Conformance with the Neighborhood Commercial Zone
The dental clinic was constructed 20 years ago under the Residential Professional (RP)
zoning that applied to the property at that time. The RP zoning was generally more
restrictive than the NC zoning we are seeking for this property. The existing facility and
commercial use as a dental clinic is appropriate for the NC zone designation sought for
this property. A dental clinic is an allowed use in all of Springfield's commercial zones. .
According to the Springfield Development Code, Article 18: Commercial Zoning
Distric~s, se~_~!~n_18.:Q.!~,-_a N~_!:~~e is .~ef!Il:.~ as!o_~~OW_~~ __
NC NEIGHBORHOOD COMMERCIAL DISTRICT. The NC District is
intended to fully implement Metro Plan Text addressing Neighborhood
Commercial facilities and any applicable refinement plan. This district designates
s!tes up to 3 acres in size to provide day to day commercial needs for support
populations up to 4,000 people NC developments should enhance rather than
intrude on the character of a neighborhood by using landscaping, building
materials and design features that are similar to and in proportion with
residential uses. New NC zoning districts larger than 1.5 acres shall be limited to
collector and arterial streets. Existing NC zoning districts on local streets shall
nOt be allowed to expand beyond 1.5 acres unless the development area abuts a
collector or arterial street.
The building is a modesdy-sized, single story structure of about 2700 square feet that fits
well in scale with the nearby residential apartment buildings. The lot is approximately
7900 square feet (less than one-fifth acre) and is professionally landscaped. Building
setbacks. and landscape plantings create a friendly and attractive appearance that is
compatible with nearby residential land uses.
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Fodor & Associates . Kenney Zone Change I-\pplication . Page 7
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Ordinance 5929, page 13
Consistency with Metro Plan Text and Diagram
A. Consistency with Metro Plan Text (Goals and Policies)
The relevant portions of the Metro Plan text are the adopted Goals and Policies of the
Plan Elements. The particular elements that apply to this zone change application are
the Housing Element and the Economic Element.
The Goal under the Housing Element is to:
Provide viable residential communities so all residents can choose .sound, affordable housing
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that meets individual needs.
This goal is developed and implemented through the 34 policies stated in this element of
the Plan. Policies #3, #12, and #16 apply to this zone. change request. The most
applicable policy is Policy #16 which is to:
Encourage location of nonresidential uses, such as nei~hhorhood commercial arid small-scale
light industry, within residentially designated areas when those auxiliary uses are compatible
with refinement plans, zoning ordinances and other local conirols fot allowed uses in
residential neighborhoods. {emphasis added]
The proposed neighborhood commercial zoning is consistent with this policy in that the
existing aental clinic is compatible in term of scale, design and function with nearby
residential and commercial land uses. The existing facility is compatibl~ with the NC
zoning ordinance as describe previously. The facility provides a service that is needed
and used by the local community. This location offers convenient access for many
Springfield residents. The 20-year existence of the' dental clinic at this site has helped
shape the nature and character of this neighborhood. The construction of a clinic
predates the development to the north and south of the property.
Policy ff12 is to:
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Fodor & Associates . Kenney Zone Ch3nge Application . Page 8
Ordinance 5929, page 14
Promote compatibiLity between. residentially zoned land and adjacent areas.
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The Dental Clinic provides a buffer between the busy arterial (Main Street) and the
residential area. The NC zone promotes compatibility at this location by reducing the
impacts of Main Street traffic in terms of noise, air pollution, visual pollution and traffic
safety hazards, on the adjacent residential properties,
Policy #3 is to: .
Increase the supply of land zoned for low-, medium-, and high-density residential uses
correlating the amount zoned with' the projections of demand. Periodically monitor and
aiuilyze tlii population -and dwelling unit projectiomto prOvide a relUible basis for land use
decisions and to assure sufficient residential land to maintain a balance' between supply and
demand.
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This zone change will not affect :the supply of residential land, since this property is
already developed and will continue to operate as a dental clinic for the foreseeable
future. The supply of land for residential uses has recently been evaluated as parr of the
Eugene-Springfield Residential Lands Study. . While still in final draft stage, this study
has received substantial review and input from the public and from elected officials and
is likely to be approved soon. The study calculated the available land supply and
analyzed the projected demand for residential land. The study shows that we currently .
have an adequate land supply in the Metro area to provide the expected demand for the
next 20 years. Based on the Draft Site Inventory for the Residential Land StUdy, this
property was not included as part of the residential hind base for the supply calculation
and therefor would not affect the amount residential land available to meet future needs.
The goal under the Econom.ic Element is to:
Broaden, improve, and diversify the metropolitan economy while maintaining or enhancing
the environment.
. This goal is [0 be auained and implcmeIHcd through 29 policies. Specific policics
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Fodor & ~sociJres . Kenney Zone Chani3e AJlplic2rion . Page 9
Ordinance 5929, page 15
applicable to this zone change application are Policies #18 and #25.
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Policy #18 states:
Review local ordinances and revise them to promote greater flexibility for promoting
appropriate commercial development in residential neighborhoods.
The NC zone is appropriate for residential neighborhoods and the existing use as a
dental clinic is appropriate for the NC zone, as stated previously.
Policy #25 states:
Recognize the vital role of neil!hborhood commercial facilities in providing servues and goods
to a particular neighborhood. [emphasis added]
The dental clinic serves the needs of the local neighborhood residents and those of the
. . greater community. The clinic is a stable business that has prospered for 20 years at this
location by providing needed services to the community.
B. Consistency with Plan Diagram
The Metro Plan Diagram shows this area along Main street as being a transition from
commercial and high density residential to medium density residential; The
commercial area is shown as being centered around the intersection of 57th and Main
Streets and extending for one to two blocks. While the diagram is crude and precise
boundaries cannot be determined, it appears that this property is located in the medium
density designation and is just outside the commercial area~ Nonetheless, a
Neighborhood Commercial designation for property along this portion of Main Street is
appropriate for this Plan designation and consistent with the Plan Diagram because it is
both compatible with and complimentary to residential land use in the area.
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Because the NC zone was created af[er the Metro Plan was approved, it is not specifically
defincd in the Plan and the Plan does notstatc where a NC land lese would, or would not
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Fodor & Associatcs . Kcnney Zonc Ch2ngc Application . Page 10
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Ordinance 5929, page 16
be appropriate. In this sense, the NC zone is not explicitly restricted in any
development zone' of the Metro Plan. As a result, the NC zoning designation is
appropriate where a particular land use complies with the applicable Goals and Policies
of the Plan. This proposed zone change conforms with' those Goals and Policies as
described in the previous section.
Consistency with Applicable Refinement Plans, Special Area Studies &
Functional Plans
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There are no applicable refinement plans or special area studies that are pertinent to this
location.
Efficient Extension of Urban Services
The facility is already constructed and has been served by all urban services since 1979.
There is no requirement for urban services extensions as part of this proposal.
Property Ownership
The property is owned entirely by Dr. Kenney. Dr. Kenney purchased the property
with Richard N. Smith in 1985 as shown in warranty deed, Reel 1337, Document
#855419, dated February 15,1985 (see copy in Exhibit A). Dr. Kenny bought out Mr.
Smith on August 4, 1995 as shown in Bargain and Sale Deed, Reel 2085, Document
#9543298 (see copy in Exhibit B).
Filing Fee
The filing fee accompanies this application. The total fee is $740.00, plus a $100.00
postage expense, for atotal of $840.00 (enclosed).
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Fodor & ;"ssociates . f~enney Zone ChanEC Application . PaEc II
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:.,.Ordtnq,nc;:e 5929,. page 17
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.
Ordinance 5929, page 18
Zone change from Springfield city zoning classification of Medium Density Residential
(MDR) to Springfield city zoning classification of Neighborhood Commercial (NC) for
property identified on Exhibit A. The applicant - Fodor & Associates, initiated the
following zone change request: Journal Number 99-04-0091
1. The application conforms to the provisions of Section' 3.050 of the Springfield
Development Code. Timely and sufficient noti~ of the puplic 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 request was 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 attached staff
report (Exhibit B) and attached hereto.
RECOMMENDATION
It is RECOMMENDED by the Planning Commission of Springfield thafJournal Number
99-04-0091, Zone Change Request, be approved by the Springfield City Council.
This RECOMMENDATION was presented to a
Commission on June 1, 1999.
ATTEST:
AYES:
NOES:
. ABSENT:
ABSTAIN:
'fa
o
---L
o
Attachment 3-1
Ordin&nce 5929, page 19
-
SPR'NGF'ELD ~
Lj&..--
~t@
MINUTES '.
OF THE SPRINGFIELD PLANNING COl\ll\nSSION
.
SPRINGFIELD CITY HALL · CITY COUNCIL CHAMBERS · 225 FIFTH STREET · 541 726-3753
. Tuesday June 1, 1999 7:00 P.M.
REGULAR SESSION
PRESENT:
Commissioners - Chair Dave Ralston, Jeff Cole, Sean Wilson, Steve Moe, Tim
Malloy and James Burford
Absent - William Carpenter
Staff: Planning Manager Greg Mott, Planners Mark Metzger and Lauren LezeIl, City
Attorney Joe Leahy and Clerk III Karen LaFleur
1. . PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Chair Dave Ralston.
2. LEGISLATIVE PUBLIC HEARING
A. uREZONE URBAN TRANSITION (UTI PORTION OF GLENWOOD (JO. NO.
1999-04-0109) record held open from Sn.SI99 - Replace Eugene zoning districts with
Springfield zoning diStricts for all land within the incorporated portion of Glenwood.
Zone change from Eugene City zoning classific.ations ofl-2, R-A, C-2, C-4, AG, AG5
and Public Land to Springfield City classifications ofLMI, LOR, CC and PLO. A UP/I 0
suffix to be attached to these properties. (Mott) .
.
Planning Manager Greg Mott noted that upon request from citizen that testified at the
May 25, 1999 hearing the written record was held open until tonight at 5:00 p.m. The
Planning Commission has continued their discussion and recommendation to the Board
of Commissioners until this evening's meeting.
Items distributed to the Planning Commission and entered into the record: written
updated table of Glen wood Transition Area Zoning Matrix, Where Zoning &: Plan
Designation Differ, and Where Zoning Matches Plan Designation. One additional
piece of written correspondence was received before the 5:00 p.m. Tuesday, June 1, 1999
deadline. This information is not included on the aforementioned table from Rob &:
Susan Petersen, P.O. Box 2987, Eugene, OR 97402 Assessor's Map No. 17-03-3443
Lot Numbers 11300, 1UOO, llSOO, and 11600 (I'able No.'s 185,186, 187, 188): from
LI to CC The notification of those lots referenced above can serve as exhibit to forward'
to the Board of Commissioners. . There is one other item that should be included with the
exhibit. It is the notice that each of these property owners received, suggesting that if
they did not contact the City of Springfield the property would be converted from the
Eugene zoning to the most closely approximate Springfield zoning. All other properties
will be rezoned to that zoning designation that appears in the fourth column, (conversion
to Springfield zoning) of the Glenwood Transition table. The aoard of Commissioners
Will be meeting on July 14, 1999 to consider the Planning Commission's
recommendation.
Chair Dave Ralston asked for any ex-parte contact or conflicts of interest. Commissioner
Steve Moe declared that he has property that is involved in the decision and excused .
himself from the proceedings. No other ex-parte c~:mtact or conflict of interest was
declared. .
.
3-2
PC REGULAR SESSIO~ MINUTES - JUNE I, 1999
I
.
.
.
Ordinance 5929, page 20
Commissioner Cole stated there were a few issues, but basically looks good. Planning
Manager Mott stated that it is staffs position that the few issues Commissioner Cole
referred to will resolve themselves. This will be accomplished through time or the desire
for the property owner to develop the property consistent with the plan designation.
Another opportunity to correct the plan zone conflict may occur with the adoptions of the
refmement plan.
Commissioner Burford asked if the property owner's option to make a zone change is
only until the July 14th date when we meet with Lane County to change this over?
Planning Manager Mott responded that withinthis particular process, this opportunity
was available to all those property owners at no cost. Once the Board of Commissioner's
have made their fmal decision, any subsequent actions will be at the initiation of the
elected officials through an agreement with the property owner, or the property owner
will do it. Commissioner Cole asked what the cost is of the Metro Plan Change?
Manager Greg Mott said it was around $2,500 and takes around three to four months to
complete.
Additional Testimonv - none
Summation bv staff - no further swnmary was required.
Chair Dave Ralston closed the public hearing.
MOTION: IT WAS MOVED BY COMMISSIONER COLE. WITH A SECOND
BY COMMISSIONER WILSON. TO RE(X)MMEND THAT JO. NO. 1999-04-
0109, REZONE URBAN TRANSmON (U'I) PORTION OF GLENWOOD, BE .
APPROVED BY THE SPRINGFIELD CITY COUNCIL. THE MOTION.PASSED
WITH A VOTE OF 5 FOR AND 0 AGAINST, WITH 1 ABSENT, AND 1
ABSTAINED. .
3.
APPROVAL OF MINUTES - Minutes of the May 4 and May 19, 1999 Planning Commission
Work Sessions were approved as written.
4.
REPORT OF COUNCIL ACTION - none
s.
BUSINESS FROM THE AUDIENCE - none
6.
QUASI-JUDICIAL PUBLIC HEARING
A. ZONE CHANGE (JO. NO. 1999-04-0091) - The Planning Commission must conduct a
public hearing concerning the request for zone change from Medium Density Residential (MDR)
to Neighborhood Commercial (NC) for property located at 110 South 59th Street (Assessor's Map
17-o2-34-32,1L 1001). (Lezell) .
Planning Manager Greg Mott gave a reading of the Announcement of Commencement of
Public Hearings and addressed the applicable criteria for rezoning application. Under
Ballot Measure 56, now all zone changes also have to go to the City Council for public
hearing and adoption of ordinance. This matter is scheduled for City Council public
hearing on June 21, 1999. . .
Chair Dave Ralston opened the public hearing.
3-3
PC REGULAR SESSION MINUTES - JUNE I, 1999
2
Ordinance 5929, page 21
.
Staff Report - Ms. LezelI gave an overview of the request and site description. Property
owners/occupants within 100 feet of the subject property were notified of the zone
change request. No comments were received.
Ms. LezelI requested that the Planning Commission forward a recommendation of
approval of the proposed zone change from Medium Density Residential (MDR) to
Neighborhood Commercial (NC) to the City Council.
Chair Dave Ralston asked for any ex-parte contact or conflicts of interest. No ex-parte
contact or conflict of interest was declared.
Testimonv from the Applicant - Eben Fodor, Land Use Planning Consultant with Fodor
& Associates, 394E 3200 Avenue, Eugene representing Dr. Nicholas L. Kenney, owner
of the dental clinic at 110 South 59th Street. In 1979 when the dental clinic was built, the
land was zoned Residential Professional (RP) the development and commercial use
conformed with this zoning. At a later date the toning was changed to MDR. Under .the
MDR zoning, the clinic is operating as a non-conforming use. To protect Dr. Kenney's
. business investment and to make the zoning consistent with the property's use as a dental
clinic, they are seeking a zone change to neighborhood commercial (NC) to allow the
dental clinic to continue operating as a conforming' use. Mr. Fodor urged the
Commission to concur with the favorable recommendation from staff.
.
Commissioner Cole asked how the building was permitted to be built as a non-
conforming use to begin with? Mr. Fodor commented that the dental office was built in
1979 and was one of the older buildings in the area. Most of the surrounding buildings
built around the clinic. Mr. Fodor does not know the history as to why it was zoned
MDR, but suspects it was changed to bring the area into conformance with
comprehensive plan. The purpose for the zone change is to make this a conforming use;
to eliminate the non-conforming status to alleviate the risk associated with being a non-
conforming use. Commissioner Burford questioned, whether the building was originally
built as a dental office? Mr. Fodor responded, "Yes, it was built as a dental clinic and has
operated as one from the start. " .
Testimonv in Support - Dr. Nicholas Kenney, 110 South 59th Street, Springfield, gave a
brief history of zoning background and requested that the Planning Commission
recommend the approvat of the zone request.
Testimonv in opposition - none
Comments from the Commission - Commissioner Cole asked Planning Manager Greg
Mott ifhe knew the history as to why the zoning was changed from RP to MDR? Mr.
Mott noted a "residential professional" zoning' district was created that only applied at the
interface between commercial and residential. The zoning district was repealed in the
mid 1980's, but certain professional offices were permitted if they met the specific
structural requirements. Mr. Mott felt the most logical conclusion would be that
"Neighborhood Commercial" (NC) would be the most appropriate zoning district for this
use to continue.
Commissioner Burford inquired about business licenses. Is a crosscheck done? Mr. Mott .
noted that not all city businesses are required to have a business license.
Summation bv staff - No further summary was necessary.
Chair Dave Ralston closed the public hearing.
.
3-4
PC REGULAR SESSION MINUTES - JUNE I. 1999
3
Ordinance 5929, page 22
.
MOTION: IT WAS MOVED BY COMMISSIONER COLE, WITH A SECOND
BY COMMISSIONER WILSON, TO RECOMMEND JO. NO. 1999-04-0091,
(ASSESSOR'S MAP 17-02-34-32, TAX LOT 1001), BE APPROVED BY THE
SPRINGFIELD CITY COUNCIL. THE MOTION PASSED WITH A VOTE OF 6
FOR AND 0 AGAINST, WITH 1 ABSENT.
B. ZONE CHANGE (JO. NO. 1999-03-0088) - The applicant is seeking to rezone that portion
of the property at 790 South 42nd Street that lies within the city limits from Low Density
Residential (LDR) to Medium Density Residential (MDR). The Metro Area Plan designation for
the site is MDR. The proposed action would bring the Springfield Zoning Map into confonnance
with the Metro Plan designation. (Assessor's Map 18-02-05-22, TL 1201) (Metzger)
Planning Manager Greg Mott gave a reading of the Announcement of Commencement of
Public Hearings and addressed the applicable criteria.
. Chair Dave Ralston opened the public hearing.
Chair David Ralston asked for any ex-parte contact or conflicts of interest. No ex-parte
contact or conflict of interest was declared. .-
Staff Report - Mr. Metzger gave an overview of the request and site description. A
duplex exists on the site right now, which is not an appropriate use for LDR zoning.
Originally a 1930's house existed on the property which had a large addition added on to
it in the-mid 1980's. The current owner purchased the house in 1985, and in 1997
converted it from a single-family dwelling to a duplex without obtaining building
permits. . This action tonight will resolve a conflict between the Metro Plan and our
zoning for.the area and will bring the duplex use into conformance with our code.
.
Mr. Metzger requested that the Planning Commission forward a recommendation of
approval of the proposed zone change ~m Low Density Residential (LDR) to Medium
Density Residential (MDR).
Testimonv from the Applicant - Terri Harding, Satre & Associates, 132 E. Broadway,
Suite 536, Eugene representing the applicant Anna Kuykendall. Ms. Harding responded
to earlier discussion referring to building permits on the remodel in 1980. Applicant is
aware and will be apply for building penn its to fully bring the duplex into compliance. A
picture of the duplex was passed around to the Commissioners. Ms. Harding urged the
Commission to concur with the recommendation from staff:
City Attorney Joe Leahv asked for clarification on comment made by Ms. Harding.
Comment was' "The building was not a problem because it was built before the
conceptual development plan." Ms. Harding responded, "It was stated in the staff report
that there was a conflict with the conceptual future road extension map. The building
was already in place before the map was adopted." Mr. Leahv wanted to clarify to
Satre's client that if they came in for a future development permit for that property, they
may have to address that conceptual development plan regardless of where the building
is.
Testimonv in support - none
Testimony in opposition - none
.
Neutral testimonv - Vizay Emmons, 483 N. 18th Street, Springfield owns a tri-plex rental
unit at 736 South 42nd Street, Ms: Emmons just wanted to make sure this zone change
would not affect her property taxes. Attorney Leahy recommended she contact the Lane
County Department of Tax and Assessment office and spe2k with an appraiser.
3-5
PC REGULAR SESSION MINUTES - JUNE I, 1999
4
;; .. i
.
.
.\
Ordinance 5929, page 23
Comments from the Commission - Commissioner Cole commented that the conceptual
road shouldn't have any bearing on this issue at all. Discussion was on the floor.
Summation by staff - No further summary was required.
Chair Dave Ralston closed the public hearing.
MOTION: IT WAS MOVED BY COMMISSIONER COLE, WITH A SECOND
BY COMMISSIONER WILSON, TO RECOMMEND JO. NO. 1999-03-0088,
(ASSESSOR'S MAP 18-02-05-22, TAX LOT 1201), BE APPROVED BY THE
SPRINGFIELD CITY COUNCIL. THE MOTION PASSED WITH A VOTE OF 6
FOR AND 0 AGAINST, WITH 1 ABSENT.
7. BUSINESS FROM THE DEVELOPMENT SERVICES DIRECTOR - Planning Manager
Greg Mottmentioned the need to poll the Commissioners for attendance for July 6th & 7th
meetings to see if there will be a quorum. The Joint PC Hearing on the (ith requires a quorum. Poll
(or Julv ~ Attending: Steve Mae, Jeff Cole, Tim Mallory, William Carpenter (unknown).
Absent: Dave Ralston, Sean Wilson, James Burford Poll (or July 7Ch Attending: Steve Mae,
Jeff Cole, Tim Mallory, William Carpenter (unknown) Absent: Dave Ralston, Sean Wilson,
James Burford. NOTE: William Carpenter will be contacted to see if he will be in attendance on
both days. Ifnot, meetings will have to be rescheduled.
Mr. Mott explained now that zone changes require public hearings at City Council. A Planning
Commissioner member is required to go to those public hearings. Planning Commissioner Steve
Moe will be the Planning Conimission representative at those hearings.
8.
BUSINESS FROM THE COMMISSION - It was decided to reconvene after the Regular
Session on June 15th to do a Work Session on the Airport Master Plan/Metro Plan
Amendments! Alton Baker Park.
9. ADJOURN REGULAR MEETING
The meeting was adjourned at approximately 8:20 p.m.
3-6
PC REGULAR SESSION MINUTES - JUNE I, 1999
5