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HomeMy WebLinkAboutOrdinance 5931 07/19/1999 . . . " / ORDINANCE NO. 5931 AN ORDINANCE AMENDING THE ZONING MAP FOR TAX LOT 1003, 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 (10. No. 99-04-0110) on June 15, 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 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 Tuesday, the 6th day of July, 1999, at the hour of 7:00 p.m., to accept testimony on this proposal; ~ ~ WHEREAS, the Common Council met for a second reading of this ordinance on Monday, July 19, 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 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 (Jo. No. 99-04-0110) 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 1003, Assessor's Map 17-02-34-32, as described in Exhibit B of this ordinance, from Medium Density Residential to Neighborhood Commercial. ORDINANCE 5931 PAGE 1 . . . Or,dinance 5931 - 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. J ADOPTED by the Common Council of the City of Springfield this 19th day of July, 1999, by a vote of -L for and ~ against. APPROVED by the Mayor of the City of Springfield this 19thday of July, 1999. ~~~ Mayor ATTEST: q JJO I, (J)(~ J}dJ\. C' Y Recorder REVIEWED & APPROVED ASTOFORM ' L ~C)~~, ~.J ..-::A\~ DATE: ,J];] q <1 OFFICE OF CITY ATTORNEY ORDINANCE Page 2 . , O~dinance 5931, page 3 . BEFORE THE PLANNING COMMISSION OF THE . CITY OF SPRINGFIELD, OREGON REQUEST OF ZONE CHANGE + + + JO. NO. 99-04-0110 FINDINGS, CONCLUSIONS, AND RECOMMENDATION NATURE OF THE APPLICATION Zone change from Medium Density Residential to Neighborhood Commercial for Tax Lot 1003 ' I Assessor's Map 17-02-34-32. 1. On April 26, 1999 the following application for a Zone Change was accepted: Rezone approximately 0.27acre of land from Medium Density Residential to Neighborhood Commercial, Journal Number 99-04-0110, Fodor & Associates, 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 June 15, 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'submittalsof 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 AJ and attached hereto. RECOMMENDATION It is RECOMMENDED by the Planning Commissiofl of Springfield that Journal Number 99-04- 0110, Zone Change Request, be approved by the Springfield City Council. This RECOMMENDATION was presented tOf};;12and approv~ .y~'la ing Com ission on June 15, 1999.' . . . Planning Commission Chairperson ATTEST AYES: 17 NOES: 0 ABSENT: ABSTAIN: . Ordinance 5931 - page 5 . SPRINGFIEW CITY HAU * CITY COUNCIL CHAMBERS * 225 FIFTH STREET * 541 726-3753 TUesday .'c'>:':C. . ....:Jo:D:e15~,19~H:-::: . '7~OO:'P,~M:ifJ REGULAR SESSION PRESENT: Commissioners - Chair Dave Ralston, William Carpenter, Sean Wilson, Steve Moe, James Burford, Tim Malloy and Jeff Cole Absent - None Staff: Planning Supervisor Mel Oberst, Planner Lauren Lezell, City Attorney Joe Leahy and Planning Technician Julie Scott ~ 1. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Chair Dave Ralston. 2. APPROVAL OF MINUTES - Minutes of the April 20, 1999 Planning Commission Regular Session and May 4, 1999 Work Session were approved as written. 3. REPORT OF COUNCIL ACTION - The City Council Meetings of May 24th and June 7th were discussed. 4. BUSINESS FROM THE AUDIENCE - none. s. QUASI-.JUDICIAL PUBLIC HEARING . A. ZONE CHANGE (.TO. NO. 1999-04-0110) - 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 the southeast comer of 5r1h Street and Main Street (5925 Main Street) (Assessor's Map 17-02-34-32, TL 1003). (Lezell) Planning Supervisor Mel Oberst addressed the applicable criteria for the rezoning application. The reading of the Announcement of Commencement of Public Hearings was waived by those in attendance. Chair Dave Ralston opened the public hearing and asked for any ex-parte contact or conflicts of interesL No ex-parte contact or conflict of interest was declared. . Staff Reoort - Ms. I.ezell explained that the zon~ change request was initi;lted to rectify a non-conforming use status for an existing insurance sales office. The insurance office has operated on this site since 1986. It is unclear when the commercial use of the property began, but sometime around 1983 a residence was converted to office use in conformance with the Residential Professional (RP) zoning in.affect at that time. RP zoning was repealed in the late '80s and the property has since been rezoned to Residential (LDR). The NeighborhoOd Commercial (NC) zoning is not designated on the Metro Plan diagram due to the fact that designations less than 5 acres are not shown. However, the Metro Plan also states that NC sites can not be more than 5 acres in size. Staff finds that the property is consistent with the Metro Plan text addressing housing economic elements and land use designations. Ms. Lezell referred to a similar zone change that went before the Planning Commission at their last meeting. . PC REGULAR SESSION MINUTES -JUNE 15, 1999 I O~dinance 5931, page 6 . In summary, Ms. Lezell indicated that the applicant has demonstrated that this site meets the criteria stated in SDC Article 12.030 and asked that the Planning Commission forward a recommendation to City Council that the property be rezoned from MDR. Testimony from the Applicant - Mr. Evan Fodor, Fodor & Associates Land Use Consultant, talked about conditional use permit issues. The conditional use permit allows the former residence to be used as an insurance office. The applicant is in affect trying to restore the zoning that once was there in order to justify a new parking lot investment on the site. Mr. Fodor gave a side presentation demonstrating that this property is compatible with the area. The Applicant and owner of the property, Mr. Donner, briefly talked about his proposed parking lot improvements and potentially moving the existing house to the adjacent vacant parcel. Mr. Donner advised that he would seek direction from the City in determining the extent of his future plans. Testimony in Support - N/A Neutral Testimonv - Mr. Gvanendra Prasad, 1493T Street, owner of a fourplex on 196 So. 59th Street, property in the vicinity ofthesubjeet parcel, voiced concerns about the issue of parking space shortages in the area. Overflow parking often ends up in this fourplex parking lot He inquired about the type of business activity proposed and plans for parking facilities to alleviate his problem. Testimony in Opposition - N/A . Discussion - In answer to inquiry, Ms. Lezell indicated that the parking requirements for NC designations are I space per 300 square feet of office space. She also remarked that a new office building would go through site plan review for parking requirements, paving, driveway access, etc. The Commission concluded that the rezone request meets all the criteria, will improve the parking situation and will ultimately result in a visual improvement to Main Street. MOTION: IT WAS MOVED BY COMMISSIONER COLE, WITH A SECOND BY COMMISSIONER WILSON, TO RECOMMEND THAT JO. NO. 1999-04- 0110, ZONE C~GE REQUEST FROMMDR TO NC (ASSESSOR'S MAP 17- 02-34-32, TAX -LOT 10030), BE APPROVED BY mE SPRINGFIELD CITY COUNCIL. mE MOTION PASSED WITH A VOTE OF 7 FOR AND 0 AGAINST, WITH 0 ABSENT. 6. BUSINESS FROM THE DEVEWPMENT SERVICES DIRECTOR - None. 7. BUSINESS FROM THE COMMISSION - Chair Ralstonpolled the Commission for attendance at the upcoming Joint PC Meeting on July 6th. 8. ADJOURN REGULAR MEETING Chair Ralston .adjoumed the public hearing at approximately 8:40 p.m. to reconvene the work session in the Library Meeting Room. . . PC REGULAR SESSION MINUTES -JUNE [5. [999 2 ~. 110, O' ~ . . r . _ r,''-''~;'.~'<.,,,"::~.~: --:-:~"'!_-r::~'~",;",,;'~.;':";.v ".':."_,,": \-:::~-;~~:-..~.f'_...~....'"):.;-:,?~~o;;{:;:'-'I;;"<:~~'tF.'..;.~~,:tqj.'~.lW~~~~':..w;'~~"FP-"~-:':'<~'-~~:"':':"';_'_' ....._.....;;...~.;;.^'.. :::, 4' - 2 1 -. g 9 2541 Ordinance 5931, page 7 ;)9036111 DECLARATION OF PROPERTY LINE ADJUSTMENT Donner PAGE 1 of 1 R. Robin Donner and Karen J. 'Donner are the owners of t't!o '::ri!'::s of land, Tract "A" and Tract "S", lecated in Section 34, Township:' 7 South, Range 2 West of the Wil '.iJ:"t.:e Meridian;. Tract "A" being Tax Lot 1000 and Tract "S" being Tax Lot 1 "03, both shown on Lane County Assessor I s Map 17-02- 34-32. The legal c.:,~scription of both Tract A and Tract S prior to this adjustment is contained within that certain Warranty Deed recorded May 4, 1990, on Reel 1630R, Reception No. 9020724, Lane County, Oregon, Deed ~ecords . R. Robin Donner and Karen J. Donner are setting forth this declaration to set an adjusted boundary line between the two tracts, as underlined in attached Exhibits "A" and "S", to comply with the City of Springfield Development Code, Section 33.030, and the provisions of ORS 92.190(4). Following this property line adjusonent, the legal descriptio~ of the Tract "A" property is described on the attached Exhibit "A"; and the legal description of the Tract "S" property is described on the attached Exhibit "S". TITe true consideration for this conveyance is Dated this~day of ;.f1jJ /1/'/ , 1999. $0.00. ~.21'99i01REC 15.00' ll2!APR.21 . 99ll01l'f1j,'!) 10, ()() . ~.21'991lO1A&T FUND 2O~()(), if!~ ~. Owner ut~ THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRISED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY USES. STATE OF OREGON } County of Lane } On ~I}L"/l &-/ , 19.2:2, oersonally aooeared Donn ~ an Karen J. Donner, an'd acknowledged the voluntary act and deed. SS before ~e R. Robin foregoing to be a . OFFlCIALSEAL KAREN L WALTERS . ~ NOTARYPUBUC-OREGON COMMISSION NO. 303788 llYCOMr.lISSlOH EXPIRES AUGUST 10. 2QOl ~ilK~~ My Conunission Expires ;p -/O-tJ / '. ,~~~f .dll ;/ ~~~ft; I Ti' q~~:.I" ,'~~~fg~~-,...,W!"".....,.~....._",-~,.....t':")~~'-~"7~~~1l'Jt.'~tf""~--:~~-.:M-~"';";.:::.:...::" ~",,~~'~":~:t )~Y^}r . "4-2 ,-.99 i . fl. Ordinance 5931, page 8 __.:.:;-,;,~.....A.""",~,,,,,,,,__,,--:-_~,~~;,,')IO!'/.~~''':!::-<<~~ '-., 2541 99016111 DECLARATION OF PROPERTY LINE ADJUS'I'ME},--r Don-ner EXHIBI.T "B" A parcel of land loc3ted in Jection 34, TO~~sh~? 17 South, ~nge 2 Wese of the Willamette Meridian, mere ~articularly described as follows: 3eginning ac a JI' inch iron' rod located on :je east line of South 59th Streel ~t the northwest corner c~ Lce 10 of the Replat of Seville as recorded in File 73, Slide 172, Lane County, Oregon, Plat Records; thence along said east line ~orth 00. 01' 30" East 80.00 feet to a 5/8 inch iron rod with a plastic cap marked "HANKINS LS 687" and t::e TR'JE POINT 'OF 3EGINNING; thence continuing along said east line North 00. 01' 30" Ease 159.99 feet to a 5/8 inch iron red wich a plastic cap marked "HANKINS LS 687" located on the so-.::h-!:-ight-of-way line of the McKenzie Highway; thence along said south right- ef-way line South 39. 43' 55" East 74.04 fee: to a 5/8 inch iron rod with a plastic cap marked "HANKINS :S 687"; thence leaving said south right-of-way line South 00. 01' 30" West i59.98 feet to a 5/8 inch iron rod with a plastic cap marked "HANKINS L5 687"; thence North 890 44' 30" West 74.04 feet to the TRUE POINT OF BEGINNING, all ~n the C~ty ~t 5pr~ngf~eld, Oregon. State at Oregon County at Lane - $S. I, the County CIeri<, in and lor the sail County, do hereby ccrtlly thaI the wilhin instrument was received for record at '99APR21p" 3:18 R.<J 2541 R Lan. County OFFlClAL Records Lan. County Ocrk By: a',f>/.4../...)/ County Clerk - . if. .. I .. 0\ OJ co cO p. -==- City Limits C Site Lot ZONING _ Community Commercial . _ General Office Low Density Residential Low Density Residential Urban Fringe Medium Density Residential Public Lands & Open Space N A .-< CV') 0\ LI"\ OJ () o ca o 'M '"Cl H o o 300 , 600 Feet June. J 999 . . .