HomeMy WebLinkAboutOrdinance 6136 07/18/2005
.
.
.
-. .
,
ORDINANCE NO. 6136
(REGULAR)
AN ORDINANCE REZONING TAX LOTS 3800, 3900,4000 AND 4100,
ASSESSOR'S MAP 17-02-31-21, FROM LIGHT-MEDIUM INDUSTRIAL TO LOW
DENSITY RESIDENTIAL (1.55 ACRES) CONSISTENT WITH THE
METROPOLITAN AREA GENERAL PLAN DIAGRAM DESIGNATION FOR THIS
PROPERTY.
The City Council of the City of Springfield finds that:
A. Article 12 ofthe Springfield Development Code sets forth criteria for zone change.
B. On April 22, 2005, the applicant/property owners of the subject tax lots initiated the
following Metropolitan Plan diagram amendment and zone change:
Redesignate 1.55 acres from Light-Medium Industrial to Low Density
Residential, concurrent Mid-Springfield Refinement Plan diagram amendment
and concurrent zone change to Low Density Residential (Jo. No's. LRP 2005-
00015 and ZON 2005-00018) for Tax Lots 3800, 3900, 4000 and 4100,
Assessor's Map 17-02-31-21.
C. On June 21,2005, the Springfield Planning Commission conducted public hearings to
accept testimony and hear comments on this consolidated proposal. Before the close of
the public hearing, a request was made to extend the written record for 7 days. After all
oral testimony concluded, the Planning Commission extended the written comment
period for 7 days (expiring June 28, 2005) and provided the applicant's with 7 days
(expiring on July 6, 2005) to respond to comments submitted during this extension of the
written record. At the close of this public hearing, the Planning Commission announced
a July 12,2005 date certain for deliberation and recommendation to the City Council. On
July 12,2005, the Planning Commission voted ~ in favor, ~opposed, to forward a
recommendation of approval/denial to the Springfield City Council.
D. On July 5, 2005, the City Council conducted a first reading of this Ordinance and
continued, without opening, the public hearing to July 18,2005.
E. On July 18, 2005, the City Council held public hearings on this consolidated proposal.
F. Evidence exists within the record and the findings attached hereto that the proposal
meets the requirements of Article 12 of the Springfield Development Code.
NOW, THEREFORE, THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS:
Section 1: The above findings, and the findings set forth in Exhibit A attached
hereto and incorporated herein by reference are hereby adopted.
.
.
.
Ordinance No. 6136
Section 2: The zoning of the subject tax lots, more particularly described in
Exhibit B attached hereto and incorporated herein by reference, is hereby changed from
Light-Medium Industrial District to Low Density Residential District.
Section 3: If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, that portion shall be deemed a separate, distinct, and independent provision
and that holding shall not affect the validity of the remaining portions of this Ordinance.
ADOPTED by the Common Council of the City of Springfield by a vote of
-Lfor and ~ against this 18th day of July, 2005.
2005.
APPROVED by the Mayor of the City of Springfield thit; 18th
ATTEST:
Mayor
CitY~~
REVIEWED & APPROVED
As.. TO FORM
~(>>~" ~ ~
DATE: b' 'L , tai"
OFFICE OF CITY ATTORNEY
EXHIBIT A -:" 1
.
Proposed Metro- Plan Diagram Amendment, Mid~Springfield Refinement Plan Diagram
Amendment and Concurrent Rezoning"':' Earnest D. Tyndall, et al. Journal No. L~2005-
00015
Assessor's Map No. 17-02-31-21, Tax Lots 3800,3900,4000, and 4100 (650; 651, 670
and 682 34th Street.
I. PROPOSAL DESCRIPTION
Applicant/Owners
Charles Glaspie, 650 34th Street
Lana Whiddow, 651 34th Street
Earnest Tyndall, 670 34th Street
Robert Ritzdorf, 682 34th Street
Nature of Request
This is a consolidated application for amendments to the Metro Plan diagram, Mid-
Springfield Refinement Plan diagram and the Springfield Zoning Map for approximately
67,700 square feet (1.55 acres) ofland identified above and owned individually by the
applicants listed above.
.
The current Metro Plan and refinement plan map designation of each property is Light-
Medium Industrial; each lot carries a similar zoning classification of Light-Medium
Industrial. An amendment, to the Metro Plan and refinement plan diagrams on March 2
and 16, 1987 (Ordinance No's. 5364 and 5372) changed the land use designation of these
properties from Low Density Residential to Light-Medium Industrial. Applicant's are
proposing plan diagram amendments and rezoning to Low Density Residential for all
four lots.
Applicant's contend that each of the four lots have been continuously occupied by
residential uses (site built and manufactured housing) since the platting of this land in
1948.
An aerial photo of these properties is included in this document as Exhibit A.
A vicinity map is included in this document as Exhibit B.
A site map showing existing and proposed plan designation and zoning is included in this
document as Exhibit C.
.
- 1 - TyndalletalMP A (3)
2
.
"-..._._~'~~'-.'1 ....._~;~
.
.
- 2 - TyndalletalMP A
.
I Exhibit B. Vicinity Map
3
i".l
~..
Exhibit C. Zoning and Plan Map Designations
.
Sites proposed for
redesignation and
rezoning (LMI to
LOR)
.
- 3 - TyndalletalMP A
4
.
Plan and Zonmg Map Changes '.
The specific map changes requested are:
1. Metro Plan Diagram
Metro Plan diagram amendment from Light-Medium Industrial to Low Density
Residential for the four lots subject to this application. .
1. Mid-Springfield Refmement Plan Diagram
Mid-Springfield Refinement Plan diagram amendment from Light-Medium
Industrial to Low Density Residential for the four lots subject to this application.
2. Springfield Zoning Map
Springfield Zoning Map amendment from Light..;Medium Industrial to Low
Density Residential for the four lots subject to this application.
II. TYPE OF PLAN AMENDMENT
.
This application involves the site-specific amendment of the Metro Plan diagram and
Mid-Springfield Refinement Plan diagram.
The Metro Plan amendment is a Type II amendment as defined in Article 7 of the
Springfield Development Code at 7.030 because it
a) involves specific property
b) does not change the urban growth boundary of the Metro Plan
c) does not change the jurisdictional boundary of the Metro Plan
d) does not require an exception to a state-wide goal
e) is not a change to the general text of the Metro Plan.
Springfield is the "home city" for this proposal and, because all of the property is located
within the city limits of Springfield, the consideration of this request is the exclusive
responsibility of the Springfield City Council (see SDC 7.070 and 7.080).
The proposed Metro Plan diagram amendment does not have regional impact as defined
in 7.030 because
.
a) the proposal does not require the amendment of a jointly adopted functional
plan, including the Public Facilities and Services Plan, the Natural Resources
Plan or TransPlan;
b) the proposal does not have a demonstrable impact on the water, storm
drainage, sanitary sewer or transportation facilities of the non-home City;
- 4 -TyndalletalMPA (3)
5
.
c) 'does not affect the buildable land inventory in such a way to significantly
decrease Medium Density Residential, High Density Residential of "
Commercial or significantly increase Low Density Residential, Campus
Industrial, Light-Medium Industrial or'Heavy Industrial
The proposed amendments do not change the Metro Plan urban growth boundary or
jurisdictional boundary because the property is located well within the city limits. Metro
Plan amendments within the city limits do not require or even allow the participation of
Lane County or Eugene as decision-makers (see also SDC 7.030(c)(2)).
.
A Type II Metro Plan amendment inside the city limits must be approved by the Home
City to become effective. The subject amendment is a site-specific Type II amendment
involving land that is entirely within the city limits of the City of Springfield.
Accordingly, it requires approval by the governing body of Springfield. If the approval
of the Metro Plan diagram amendment "requires an amendment to a refinement plan or
functional plan diagram or map for consistency, the Metro Plan diagram amendment
automatically amends the refinement plan or functional plan diagram or map if no .
amendment to the refinement plan or functional plan text is involved. When a Metro
Plan diagram amendment requires a refinement plan or functional plan diagram or map
and text amendment for consistency, the Metro Plan, refinement plan and functional plan
amendments shall be processed concurrently." (SDC 7.110) This proposal seeks to
amend the Metro Plan diagram designation from LMI to LDR; there is no proposal to
amend text in the Metro Plan. This action therefore, if approved, would result in the
concurrent amendment of the refinement plan diagram for the same properties, also
without the need to amend refinement plan text.
III. APPLICABLE STANDARDS AND CRITERIA
Metro Plan Amendments
Section 7.0 I 0 of the Springfield Development Code provides that "Metro Plan
amendments shall be made in accordance with the standards contained in Chapter IV of
the Metro Plan and the provisions of this code." In addition, because this application '
involves the amendment of acknowledged comprehensive plans and land use regulations,
it must comply with applicable statewide land use goals (ORS 197.175(2)(a). The
following criteria shall be applied by the City Council in approving or denying a Metro
Plan amendment:
)
"(a) The amendment must be consistent with the relevant statewide planning
goals adopted by the Land Conservation and Development Commission;
and
"(b) Adoption of the amendment must not make the Metro Plan internally
inconsistent.
.
- 5 - TyndalletalMP A (3)
6
. REFINEMENT PLAN AMENDMENTS:
Section 8.030 of the Springfield Development Code requires that, in reaching a decision
on proposed refinement plan amendments, the planning commission and city council
"shall adopt findings which demonstrate conformance with the following:
"(1) . The Metro Plan;
"(2) Applicable State Statutes;
"(3) Applicable State-wide Planning goals and Administrative Rules."
ZONING MAP AMENDMENT:
Section 12.030 of the Springfield Development Code requires, that, in reaching a
decision on proposed zoning district changes, "the Planning Commission shall adopt
findings which demonstrate that all of the following criteria have been addressed:
"(1) Consistency with the Metro Plan Text and Diagram;
"(2) Consistency with applicable Refinement Plans, special 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."
.
IV. APPLICATION OF CRITERIA
STATEWIDE GOAL CONSISTENCY
The proposed amendments are consistent with applicable goals and rules as follows:
GOAL 1 - CITIZEN INVOLVEMENT
.
The City has an acknowledged citizen involvement program as well as an acknowledged
development code, both of which identifies and requires citizen involvement for all land
use and limited land use decisions. Metro Plan and refinement plan amendments require
initial public hearings before the planning commission and a final public hearing before
the city council. Notice of these hearings is provided to the Land Conservation and
Development Commission 45 days prior to the initial evidentiary hearing. Notice is
printed in the newspaper and mailed to all property owners and residents within 300 feet
of the subject property 20 days before the first evidentiary hearing. The staff report and
application are available for viewing or purchase 10 days prior to the initial evidentiary
hearing. All interested parties are welcome to attend these meetings and provide oral or
written testimony. In addition, Metro Plan and refinement plan amendments are referred
to the City of Eugene and Lane County to allow those governments the opportunity to
comment. Copies of the published and mailed notice with accompanying affidavits are
included with this report.
- 6 - TyndalletalMP A (3)
. GOAL 2.:...LAND USE PLANNING .
Goal 2 requires comprehensive plans to be consistent with statewide goals and that
implementation of plans, including regulation, amendment and land use decisions are
internally consistent with acknowledged comprehensive plans. This goal requires
amendments to have an adequate factual basis. The Metro Plan and the Springfield
Development Code contain guidelines and regulations for amendments, including making
a distinction between the "type" of amendment (I or II), who mayor must participate as
decision-makers (Home City, Regional Impact), and how each level of amendment is
processed.
As the hearing process evolves from the planning commission to the city council, the
record of the hearings includes all testimony and factual evidence intended to support the
decision. The Springfield Development Code requires affinnative fmdings in support of
the applicable criteria in order to adopt a Metro Plan or refinement plan amendment. In
addition, the application of an implementing zoning district must be consistent with the
Metro Plan diagram and any applicable Metro Plan or refinement plan text. Citations of
plan compliance are included in this report under the heading "Metro Plan
Conformance. "
GOAL 3 - AGRICULTURAL LANDS
.
Each of the four lots is located within the city limits on land planned and zoned for urban
use. "Agricultural land does not include land within acknowledged urban growth
boundaries or land within acknowledged exceptions to Goals 3 or 4." (Goal 3:
Agricultural Lands, Definitions)
GOAL 4 - FOREST LANDS
See preceding explanation under Goal 3. "Goal 4 does not apply within urban growth
boundaries and therefore, the designation of forest lands is not required." (OAR 660-006-
0020)
. GOAL 5 - OPEN SPACE, SCENIC AND HISTORIC AREAS, NATURAL
RESOURCES
.
Goal 5 requires cities to "protect natural resources and conserve scenic and historic areas
and open spaces." (Goal 5) This protection begins with an acknowledged inventory of
Goal 5 resources and then proceeds through an economic, social, environmental and
energy analysis to determine whether the resource should be protected from conflicting
uses; limit conflicting uses; or allow conflicting uses fully (OAR 660-016-0010). The
city has an acknowledged historic structures inventory, a local wetland inventory and
recently adopted a natural resources inventory that considered uplands, wildlife habitat
and riparian corridors. No part of any of the four parcels is included in any of these
inventories.
- 7 - TyndalletalMP A (3)
7
l
8
.
The subject property has been planned and zoned for residential and industrial use since.
the late 1960' s and has been in more or less continuous residential use since the late
1940's" There are no Goal 5 resources on or near these properties; this Goal has no direct
or indirect applicability to this site.
GOAL 6 - AIR, WATER, AND LAND RESOURCES QUALITY
. Any use of these four lots, including industrial or residential, is subject to the
development permitting and approval process of the City's Development Code, various
building safety codes and the Public Works Design Manual for on-site storm water
management. In addition, the City l:1as an adopted well head protection plan and overlay
zone requiring observance of certain development standards and prohibitions of specific
chemicals and chemical storage. All of the lots are in a 10-year time of travel zone and
are therefore subject to the Drinking Water Protection Overlay District standards,
regardless of plan designation or zoning. Industrial uses emitting airborne discharges are
subject to permit by the Lane Regional Air Pollution Authority. It should be noted that
industrial uses may generate air pollution as an everyday 'occurrence. Other than
residential heating systems (wood stoves), residential zones prohibit activities that would
require permits from LRAP A.
GOAL 7 - AREAS SUBJECT OT NATURAL HAZARDS
.
-
Goal 7 requires development subject to damage or that could result in loss oflife shall not
be planned nor loc~ted in known areas of natural disasters and hazards without
appropriate safeguards. The safeguards mentioned would be based on inventories of
these known natural disasters and hazards. Sites with these qualities are limited to the
City's flood plain and steep slopes. These four lots are flat and located several thousand
feet from the McKenzie River flood plain. This goal has no direct or indirect
applicability to this site.
GOAL 8 - RECREATIONAL NEEDS
.
Goal 8 requires cities to satisfy the recreational needs of the citizens of the state and
provide for the siting of necessary recreational facilities including destination resorts.
The four lots are proposed to be changed from LMI to LDR. This action will enable
family use of these properties (currently existing) and therefore perpetuate a source of
demand for recreational opportunities. As it happens, Tyson Park is located a half a
block to the south of these properties. These lots are not included in Willamalane's
Comprehensive Plan (adopted by the City of Springfield asthe City's acknowledged
Goal 8 comprehensive planning element on November 14,2004) for future parks sites,
but Tyson Park is identified as a facility that needs a master plan t.o update to current
standards and neighborhood needs. Willamalane sets a radius of ~ to 12 mile service area
for neighborhood parks and a two acre standard per 1,000 population (Action A16 and
A 17, page 24, Willamalane Park and Recreation District Park and Recreation
Comprehensive Plan). Tyson Park is 3.91 acres. There are approximately 650 residential
parcels within a Y2 mile radius of Tyson park. Redesignation of these four lots from LMI
- 8 -TyndalletalMPA (3)
9
.
to LDR is 'not inconsistent with Willam~lane's standards and by association, is consistent
with the provisions of Goal 8. "
GOAL 9 - ECONOMY OF THE STATE
This goal requires cities to provide adequate opportunities for a variety of economic
activities vital to the health, welfare, and prosperity of Oregon's citizens. One measure
of "adequate opportunities" is an inventory of commercial and industrial land suitable
and available for development, expansion and redevelopment of projected employment
growth for the planning area. These four lots were designated LDR in 1986 when the
Mid-Springfield Refinement Plan was first adopted. In 1987 the refinement plan and the
Metro Plan were amended to designate these lots, as well as 34 others along Commercial
Street, LMI. The findings of that action state:
"In the area labeled #2 on the attached Metro Plan Amendments map, approximately 75%
of the parcels previously designated for LDR are currently in LMI use. Therefore, the
redesignation of these parcels to LMI will not result in a loss of low density residential
land. "
"In areas where residential land abuts Heavy Industrial land a Light Medium Industrial
buffer zone has been designated."
.
"In the Metro Plan allocation process, LMI and HI were over-allocated to provide
locational variety for LMI and room for existing Heavy Industrial uses to expand."
"The industrial designations in Mid-Springfield allow for the expansion of existing
industrial uses."
In something of a counterpoint to these findings supporting industrial redesignation,. the
1987 amendment action included redesignating a mixed-use site to LDR even though it is
surrounded on 2/5 of its perimeter by Heavy Industrial. Findings supporting this action
include the following:
"The Mid-Springfield Refinement Plan encourages the placement of medium density
housing, single family homes and mobile homes within its boundaries."
"Site specific land use designations were employed in the Mid-Springfield area to ensure
the maintenance of the City's housing stock."
"The Refinement Plan encourages the continued support of the City's rental and owner
occupied housing rehabilitation programs."
'.
It is not the purpose of this report to second-guess why these recommendations or the.
subsequent action of plan amendment was supported by these findings. What happened
almost 20 years ago reflects a point of view and expectations that relied upon
contemporary experiences, assumptions about how things were likely to turn out, and a
- 9 - TyndalletalMP A (3)
10
.
lack of real experience in how to reconcile the competing interests of preservation
arrayed against progress, or at least what passed for progress in the opinions of tl).ose
engaged in the planning process. How valid would it be today to suggest that because
75% of properties are designated LDR, but occupIed by LMI uses, no loss of residential
land will occur if these lots are redesignated LMI? Ifland is redesignated from category
"A" to category "B," category "A" is diminished, period. The quality or quantity of that
loss may not be significant, but it is inaccurate to say there will be no loss.
The opportunities for industrial use, including expansion, is a real matter aligned with
this Goal and numerous plan policies intended to comply with this goal. In 1993 the
metropolitan region underwent an analysis of the industrial lands inventory. Sites within
regions were identified and evaluated for a variety of attributes and detriments. The
outcome was a fairly complex inventory of sites considered to have legitimate industrial
development opportunity. Of some significance to this application is the study's finding
that industrial supply exceeds demand by more than 2-1 (page 73, Metropolitan, Industrial
Lands Inventory Report). Because there is almost no demand for heavy industrial, the
supply" of Light Medium Industrial was used to respond to demand. The LMI inventory
is2,420 acres and the demand is ca1cuhited at 1,172 acres. None of the properties within
Area #2, including the subject four parcels, were considered to be part of this inventory.
Disaggregated ownership, small lot size, distance from rail and freight routes, and other
issues related to access weighed against these properties.
.
Does this mean this area is not suitable for industrial use? No. It means the value of this
area in terms of the metro area's future industrial development is not compelling, but
instead wi1l1ikely remain somewhat in the fringe; existing as individual small businesses
that will likely relocate rather than expand because oflimited lot size, costs, and,
ironically, nearby residential uses.
Is diminishing the industrial inventory by redesignating these four lots to residential
consistent with Goal 9? If the definition of goal consistency is limited to supply, no
matter the quality or likelihood of use, then in that context this action does not promote
the goal. However, it is not the intent of the goals to be considered in isolation or
separated from the relationships and dependencies that exists within the context of the
overall planiring program: "Comprehensive plan means a generalized, coordinated land
use map and policy statement of the governing body of a local government that
interrelates all functional and natural systems and activities related to the use oflands.
Comprehensive means all-inclusive, both in terms of the geographic area covered and
functional and natural activities and, systems occurring in the area covered by the plan.
General nature means a summary of policies and proposals in broad categories and does
not necessarily indicate specific locations of any area, activity or use. (ORS 197.015(5)).
In the context of the meaning of comprehensive plan given by statute, maintaining the
. appearance of inventory when the reality of location, size, cost, access and existing use
makes industrial conversion an unrealistic future is not consistent with Goal 9 either.
.
, A reasonable argument can be made that so-called inventory that will never be occupied
by the designated use projects a false positive regarding that inventory and therefore
- 10 -TyndalletalMPA (3)
11
.
contributes to a perpetual urtder allocation (how~ver, with such an apparent surplus, the ...
subject 1:55 acres is inconsequential to either point of view). The subject prOperj:ies have.
had nearly 20 years to convert to industrial use and instead have solidified their value as
residential properties. 34th Street has been improved to residential standards, property
owners have invested in their homes. The original proposition that converting these
properties to LMI (because 75% were already occupied by LMI uses) would eventually
lead the others to convert to LMI is not represented by the subject properties on 34th
Street. The fact that these properties have experienced the same escalating value
reflected in the residential market elsewhere has only made them even more unlikely to
be used for typical industrial expansion needs of outdo,or storage, parking or vehicle
maintenance. Prolonging the polite fiction that these properties support Goal 9 efforts
does less to implement the Goal than simply changing these properties to a residential.
designation in recognition of their true worth to the owners and the neighborhood.
This action does nothing to detract from one of the original findings of Ordinances 5364
and 5372: "In areas where residential land abuts Heavy Industrial land a Light Medium
Industrial buffer zone has been designated." This finding'served the purpose of
supporting a somewhat fanciful assumption that LMI zoning would minimize the stark
differences between Heavy Industrial and residential use; and this was admittedly at the
expense of25% of the area still in residential use. The current proposal still maintains
the "LMI buffer zone" north of the subject properties and no sacrifice of existing
residential is necessary.
.
NOTE: OAR Division 9, and specifically 660-009-0010(4) states: Notwithstanding
. paragraph (2) above, a jurisdiction which changes its plan designations of lands in excess
of two acres to or from commercial or industrial use, pursuant to OAR 660, division 18 (a
post acknowledgment plan amendment), must address all applicable planning
requirements;" This proposal totals 1.55 acres.
GOAL 10 - HOUSING
Goal 10 requires cities to maintain adequate supplies of buildable lands for needed
housing: .
"Goal: To provide for the housing needs of citizens of the state.
"Buildable lands for residential use shall be inventoried and plans shall encourage
the availability of adequate numbers of needed housing units at price ranges and
rent levels which are commensurate with the financial capabilities of Oregon .
households and allow for flexibility of housing location, type and density."
.
The proposed redesignation will preserve four single family homes that have persevered
in spite of nearby industrial uses and adopted policies intended to eliminate housing as an
option for use. The character of this block of 34th Street, its coIinection with E Street, the
proximity of Tyson Park, the continued use of these properties for residential use is a
much more persuasive argument in support of residential designation over industrial.
- 11 - TyndalletalMP A (3)
12
.
As with the industrial inventory, the residential jnventory (adopted in 1999) ~hows a
supply that exceeds projected demand (page III..A-3, Metro Plan, Residential'Land Use
and Housing Element). Circumstances regarding supply, interest rates and trends in '
development since 1999 have resulted in a market value for single family homes that is
historically unprecedented. Notwithstanding the ongoing debate about suitable and
available inventory, these four properties are decent and affordable housing stock that
should be preserved (Policy A.25, Metro Plan, Residential Land Use and Housing
Element). This action has only a marginal effect on the inventory which is represented
by the potential re-division of each lot into three based on an average lot size of 16,200
square feet (maximum net increase of 8 lots). This proposal is consistent with Goal 10.
GOAL 11 - PUBLIC FACILITIES AND SERVICES
This goal requires the provision of a timely, orderly and efficient arrangement of public
facilities and services to serve as a framework for urban and rural development.
.
All urban services needed for residential use, including 8 additional dwelling units, are
available to these properties, including fire and police protection, parks, sanitary and
storm sewer, public transportation, schools, street systems and utilities. The property is
served by Springfield Utility Board for water and electricity; by Willamalane Park and
Recreation District; by School District 19; and by the City of Springfield for maintenance
of sewers, streets, alleys, library and development and permit services.
34th Street is fully improved to urban standards with curb, gutter, sidewalk, storm and
sanitary sewer, street lights and street trees. 34th Street is connected to the urban arterial
system at its intersection with Commercial Street.
GOAL 12-TRANSPORTATION
Goal 12 requires cities to plan and provide for a "safe, convenient and economic
transportation system." Transportation systems, including local, collector and arterial
streets, bikes, transit and other modes must be included in the transportation system plan
and be designed to accommodate land uses in the acknowledged comprehensive plan.
This requirement was satisfied in 2001 when the three governing bodies adopted an
updated TransPlan, including corresponding amendments to Chapter III..F of the Metro
Plan.
.
OAR 660-012 implements Goal 12 and requires a specific analysis whenever an
amendment to a functional plan, acknowledged comprehensive plan or land use
regulation is proposed (OAR 660-012-0060(2) (a-d)). This analysis must determine
whether or not the proposal "significantly affects a transportation facility" and if so,
assure that allowed land uses are consistent with the identified function, capacity, and
performance standards (e.g. level of service, volume to capacity ratio, etc.) of the
facility." An amendment significantly affects a transportation facility if it:
.. 12 -TyndalletalMPA (3)
13
.
"(a) Changes the functional dassificationof ~ existing or planned transportation
facility; " ,
"(b) Changes standards implementing a functional classification system;
"( c) Allows types or levels of land uses which 'would result in levels of travel or access
which are inconsistent with the functional classification of a transporl:ation
facility; or
"( d) Would reduce the performance standards of the facility below the minimum
acceptable level identified in the TSP."
If the proposal does significantly affect a transportation facility, then the rule requires that
the impact be mitigated by one or more of the following methods OAR 660-012-0060(1).
.
"(a) Limiting allowed land uses to be consistent with the planned function, capacity,
and performance standards of the transportation facility;
"(b) Amending the TSP to provide transportation facilities adequate to support the
proposed land uses consistent with the requirements ofthis division;
"(c) Altering land use designations, densities, or desigfi requirements to reduce
demand for automobile travel and meet travel needs through other modes; or
"( d) Amending the TSP to modify the planned function, capacity and performance
standards as needed, to accept greater motor vehicle congestion to promote mixed
use, pedestrian friendly development where multimodal travel choices are
provided."
Significant Impact Analysis
Consistent with the rule, the first determination to be made under a proposed amendment
is the assessment of significant impact on a transportation facility. A facility, as defined
in the rule, is "any physical facility that moves or assists in the movement of people or
goods." (OAR 660-012-0005(24). For the purposes of this proposal, 34th Street is the
facility directly affected by the proposal. 34th Street is improved to urban standards
including curbs, gutters and sidewalks. The curb-to-curb pavement width is 36 feet. The
overall length of 34th Street is approximately 550 feet. 34th Street terminates at
Commercial Street on the north and E Street on the south.
A city standard local street such as 34th Street has a design capacity of 1,500 trips per
day. A single family dwelling generates an average of 10 trips per day according to the
Institute of Transportation Engineers Trip Generation Manual. There are 8 single family
homes, including the subject properties, and two businesses occupying 11 tax lots on 34th
Street. The eight homes generate 80 trips per day. If the four lots subject to this proposal
were developed at the maximum permitted LDR density, each of these parcels could be
divided into three thereby creating a total of8 new residential lots. These 8 new lots
. would contribute an additional 80 trips, bringing the grand total to 160 trips, or 10.6% of
the design capacity of 34th Street. .
.
- 13 - TyndalletalMP A (3)
14
.
In contrast, light medium iridustrial activit{es generate ( on average) 72 trips per acre. I
The four lots have a combined area of 1~55acres; therefore a typical industrial"
development of these lots would generate 111. trips. If one of these lots was used for a
more intensive use, auto repair for example, trips'would double to slightly more than 200.
Assuming the subject properties converted to LMI uses, including one auto repair
business, trips generated from uses on 34th Street would include 80 from four single.
family homes, 200 from the four converted properties, and 40 from existing businesses
for a grand total of 320. This figure represents 21 % of design capacity.
The proposed amendment to LDR for these four properties has the potential to create
traffic volume at approximately 10% of design capacity; this is slightly less than the
potential traffic volume generated by permitted uses under the current land use
designation ofLMI. The potential represented by the proposed LDR amendment does
not require the reclassification of 34th Street from local street to collector (2a); does not
require the city to amend the standards for street classifications to maintain 34th Street as
a local street (2b); does not exceed the design capacity of 34th Street (2c); and does not
change the Level of Service of 34th Street intersections with Commercial Avenue or E
Street (2d). .
.
Because this proposed amendment does not trigger any of the significant impacts
identified in 660-012-0060(2) (a-d), the measures identified in 660-012-0060(1) (a-d)
needed to mitigate the effects of significant impacts are unnecessary. This proposal
complies with the requirements of 660 Division 12 for land use regulat~on amendments.
GOAL 13 - ENERGY CONSERVATION
Goal 13 is one of the few goals that take a general approach to comprehensive planning
rather than the site-specific or use-specific nature of most of the other goals. Gauging
how a plan diagram amendment of this scale fits with the purpose and intent of this goal
is less than precise. Preserving existinKhousing stock means building materials won't be
needed to facilitate use of the property thereby putting less demand on natural resources. .
Demolition is prevented thereby reducing solid waste output; affordable housing is
preserved thereby reducing demand on housing programs; these lots can be partitioned to
create 8 new building sites at a location that is already fully serviced thereby reducing the
substantial investment in infrastructure necessary to accommodate new residential
development. Leaving these lots as industrial will eventually lead to demolition, loss of
housing stock and the introduction of large areas of impervious surfaces required of
industrial development, but not found in residential uses. this proposal is consistent with
the general guidance provided by this Goal.
.
1 Although not specifically featured as an impact, the quality of the tr;1ffic generated by industrial activities
differs from that of residential activities due to the potential for freight to and' from the industrial site. 34th
Street w(mld be significantly impacted from a qualitative standpoint by the everyday presence of delivery
vehicles. .
- 14 -TyndalletalMPA (3)
15
. GOAL 14,- uIffiANIZATION
.
.
.
Although this goal is geared towards conversion of rural land to urban use, the principle
is to develop in an orderly, efficient manner. This would include integrating maximum
use of land with planned services. Compact growth, increased densities and in-fill
represent techniques used to implement orderly and efficient urbanization.
The four lots are within the Metro Plan urban growth boundary and the city limits of
Springfield on a street fully improved to urban standards. The proposed amendment will
preserve existing housing stock and will enable the creation of 8 new lots. Although
somewhat removed from the main purpose of this goal, this action will contribute to the
principal of compact urban growth by utilizing existing resources and infrastructure, and
providing in;.fill opportunities where no such opportunity exists under the current
designation: This proposal is consistent with the purpose of Goal 14.
GOAL 15 - WILLAMETTE RIVER GREENWAY ,
The four lots are not within the City's adopted Willamette River Greenway Overlay
District. This Goal is not applicable to the proposal.
GOALS 16-19 - COASTAL GOALS
These Goals apply along the Oregon coast line, and not within the Willamette Valley.
These Goals are not applicable to the proposal.
METRO PLAN CONSISTENCY
Plan Diagram
This proposal seeks to amend the Metro Plan diagram in a site-specific way to
redesignate the subject lots from Light Medium Industrial to Low Density Residential.
This action requires the diagram to be changed: The question of consistency cannot be
~ affirmatively answered in the absence of this change because neither the Mid-Springfield
Refinement Plan Diagram nor the zoning may be changed to LDR unless the Metro Plan
is changed to LDR. Notwithstanding the following descriptions ofthe Plan diagram, the
unquestioning need to amend the Metro Plan diagram exists because of the Metro Plan
diagram amendment that was enacted by the Springfield City Council on March 16, 1987
(Ordinance No. 5372) redesignating the subject properties from LDR to LMI:
The Plan diagram is a "generalized map and graphic expression of the goals, objectives,
and recommendations found elsewhere in the Plan. Rather than an accurate
representation of actual size and shape, the arrangement of existing and, to an even
greater degree, projected land uses illustrated on the diagram, is based on the various
elements and principles embodied in the Plan." (Metro Plan, The Plan Diagram, page II-
E-1)
- 15 - TyndalletalMP A (3)
16
.
"Land use'designations shoWn on the Plan diagr~m are depicted at a metropolitan scale.
Used with the text and local plans and policies, they provide direction for declsiops
pertaining to appropriate reuse (redevelopment), urbanization of vacant parcels, and "
additional use of underdeveloped parcels. They are not intended to invalidate local
zoning or land uses which are not sufficiently intensive or large enough to be included on
the diagram. They are based on local plans and policies." (Metro Plan, The Plan
Diagram, pageII-E-2)
"The Metro Plan provides the overall framework for the following planning functions.
The Plan:
"(4) Provides the public with general guidelines for individual planning
decisions. Reference to supplemental planning documents of a more
localize scope, including neighborhood refinement plans, is advisable
when applying the Plan to.specific parcels of land or individual tax lots."
(Metro Plan, Purpose, page 1-2)
.
"The Metropolitan Area General Plan is a policy document intended to provide the three
jurisdictions and other agencies and districts with a coordinated guide for change over a
long period of time. The major components of this policy document are: the written text,
which includes findings, goals, objectives, and policies; the Plan diagram; and other
supporting materials. These terms are defined below:
"The Plan diagram is a graphic depiction of: (l) the broad allocation of projected
land use needs in the metropolitan area; and (2) goals, objectives, and policies
embodied in the text of the Plan. Some of the information shown on the diagram
includes land use categories, urban growth boundaries, and major transportation
corridors." (Metro Plan, Use of the Plan, page 1-5) ,
"In addition, it is important to recognize that the written text of the Plan takes precedence
over the Plan diagram where apparent conflicts or inconsistencies exist. The Plan
diagram is a generalized map which is intended to graphically reflect the broad goals,
objectives, and policies. As such, it cannot be used independently from or take
precedence over the written portion of the Plan." (Metro Plan, Use of the Plan, page 1-5)
"Refinement to the Metropolitan Plan can include: 3) neighborhood plans or special area
studies that address those issues that are unique to a specific geographical area. In all
. cases, the Metropolitan Plan is the guiding document, and refinement plans and policies
must be consistent with the Metropolitan Plan. Should inconsistencies occur, the
Metropolitan Plan is the prevailing policy document." (Metro Plan, Relationship to Other
Plans and Policies; page 1-5)
.
- 16 - TyndalletalMP A (3)
17
.
Plan Text
The text ofthe plan, specifically the policies, supports this action in much the same way
that this action was found to be consistent with the applicable goals. The policies of the
Plan cannot exist without acknowledgement and acknowledgment cannot exist without
findings of goals consistency. Therefore, if an amendment is found to be consistent with
the Goals it should also be found to be consistent with the Plan's policies. However, there
are specific Metro Plan policies which support this proposal:
"A.1 Encourage the consolidation of residentially zoned parcels to facilitate more
options for development and redevelopment of such parcels." (Metro Plan, Residential
Land Use and Housing Element, page III-A-6). .
"AA Use annexation, provision of adequate public facilities and services, rezoning,
redevelopment, and infill to meet the 20-year projected housing demand." (Metro Plan,
Residential Land Use and Housing Element, page III-A-6)
"A. 1 0 Promote higher residential density inside the urban growth boundary that utilizes
existing infrastrJ,lcture, improves the efficiency of public services and facilities, and
conserves rural resource lands outside the urban growth boundary." (Metro Plan,
Residential Land Use and Housing Element, pager III-A-8)
.
"A.25 Conserve the metropolitan area's supply of existing affordable housing and
increase the stability and quality of older residential neighborhoods, through measures
such as revitalization; code enforcement; appropriate zoning; rehabilitation programs;
relocation of existing structures; traffic calming; parking requirements; or public safety
considerations. These actions should support planned densities in these areas." (Metro
Plan, Residential Land Use and Housing Element, page III-A-ll)
"A.26 Pursue strategies that encourage rehabilitation of existing housing and
neighborhoods."(Metro Plan, Residential Land Use and Housing Element, page III-A-
ll)
"A.30 Balance the need to provide a sufficient amount of land to accommodate
affordable housing with the community's goals to maintain a compact urban form."
(Metro Plan, Residential Land Use and Housing Element, page III-A-14)
"A.35 Coordinate local residential land use and housing planning with other elements of
this plan, including public facilities and services, and other local plans, to ensure
consistency among policies." (Metro Plan, Residential Land Use and Housing Element,
page III-A-14)
There are several policies in the Mid-Springfield Refinement Plan that support this
action:
.
- 17 - TyndalletalMP A (3)
18
.
"2. Eliminate the incursion of industrial and commercial development into
, residentially-designated neighborhoods by specHically designating land for thes~ uses."
(Mid-Springfield Refinement Plan, Residential Development Policies, page 10) ,
"3. Minimize conflicts between residentially-designated land and
industrial/commercial uses through the site plan review process (Article 31, Springfield
Development Code)." (Mid-Springfield Refinement Plan, Residential Development
Policies, page 11)
"8. Discourage through truck traffic in residential-designated areas by designation of
alternative truck routes an~ enforcement of existing laws and regulations." (Mid-
Springfield Refinement Plan, Residential Development Policies, page 11)
"Generally the Low Density Residential plan designation shall be applied under the
following circumstances:
"c.
"d.
to large areas ofland that are clearly single-family in character;
to areas that have not been seriously and directly affected by pockets of
industrial and commercial development;
to areas that are not located directly on Main Street;
to areas that are designated exclusively for Low Density Residential (as
opposed to "Mixed-Use") use on the Metro Plan." (Mid-Springfield
Refinement Plan, Criteria for Designating Residential Land, page 12)
"a.
"b.
.
REFINEMENT PLAN CONSISTENCY
The proposed Metro Plan diagram amendments will be consistent with the Mid-
Springfield Refinement Plan diagram as a result of the operation of Section 7.110(4):
"When a Metro Plan amendment is enacted that requires an: amendment to a refinement
plan or functional plan diagram or map for consistency, the Metro Plan diagram
amendment automatically amends the refinement plan or functional plan diagram or map
ifno amendment to the refinement plan or functional plan text is involved." (Emphasis
added). No text amendment to either document is necessary to effect these diagram
amendments.
CONSISTENCY WITH CRITERIA FOR ZONE CHANGES
The proposed zoning map changes directly implement the corresponding changes to the
Metro Plan diagram and the Mid-Springfield Refinement Plan diagram. Asa result, and
for the same reasons, they are'consistent with the first two standards prescribed by
Section 12.303 of the Springfield Development Code, which are:
"(1) Consistency with the Metro Plan Text and Diagram;
.
- 18 - TyndalletalMP A (3)
.
.
.
, ..
19
"(Z)
Consistency with applicable Refinement Plans, special area studies, and
functional plans. .' ,
F or the reasons set out in response to the examination of Goals 11 and 12 preceding, the
redesignations are consistent with the third standard, which is:
"(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."
v. CONCLUSION
This consolidated application forType II amendments to the Eugene-Springfield
Metropolitan Area General Plan diagram, the Mid-Springfield Refinement Plan diagram,
and the City of Springfield Zoning Map will allow four single family homes to be
permitted land uses consistent with comprehensive plan designation and city zoning
classification. Additional benefit of this action is the potential redivision of each of these
parcels into three, thereby creating 8 new residential building sites. This existing .
residential neighborhood street will be protected against an increase in non-residential
traffic (trucks), and the property owners will be able to make long term financial
. commitments without the limitations imposed by "pre-existing, non-conforming use"
status.
. Even though this application is not intended to perpetuate the principal of Light Medium
Industrial designation as a suitable buffer between residential and heavy industrial as was
the original action, this proposal does not remove that circumstance. This action will,
however, refute the premise that the major land use in a given area will precipitate the
conversion of the minority uses. These homes have withstood that premise and constitute
the majority land use on 34th Street.
The proposed amendments meet the applicable standards and criteria in the Springfield
Development Code, including those required for Metro Plan amendments, refinement
plan amendments and zoning map amendments. . The amendments are consistent with the
, Metro Plan text and refinement plan text and all applicable functional plans and special
are studies.
- 19 -TyndalletalMP A (3)