HomeMy WebLinkAboutOrdinance 6111 01/10/2005
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ORDINANCE NO.
6111
(EMERGENCY)
AN ORDINANCE AMENDING THE SPRINGFIELD COMMERCIAL LANDS
STUDY AND DECLARING AN EMERGENCY.
The City Council of the City of Springfield fmds that:
A. Article 8 of the Springfield Development Code sets forth criteria for amending the
Springfield Commercial Lands Study.
B. On June 9, 2004, the Oregon Court of Appeals issued an opinion on Metro Plan and
Gateway Refinement Plan amendments (Ordinances 6050 and 6051) to the City.
The Ordinances were remanded to the City on August 19,2004 by the Land Use
Board of Appeals (LUBA).
C. In response, on June 28, 2004 the Springfield City Council reopened the record on
the Metro Plan diagram amendment, Journal Number 2002-08-243 and Gateway
Refinement Plan amendment, Journal Number 2002-08-244 and initiated
amendments to the Springfield Development Code, Journal Number LRP2004-0020
and Springfield Commercial Lands Study, Journal Number LRP2004-0021.
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D. Timely and sufficient notice of the public hearing, pursuant to Section 14.030 of the
Springfield Development Code was provided.
E. On November 16, 2004 a public hearing on the remand applications and these
amendments to the Springfield Commercial Lands Study was convened and
concluded. The record of the proceedings was left open for seven days followed by
a seven day period of all participants to submit rebuttal. The applicant was given
two additional days for rebuttal. The Development Services staff notes, including
criteria of approval, fmdings, 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 the proceeding.
F. On December 9,2004 the Springfield Planning Commission voted five in favor,
one opposed and one abstaining to forward a recommendation of approval, with
conditions to the City Council.
G. On January 10, 2005, the Springfield City Council reopened the pubic hearing to
accept oral argument and deliberate. The City Council voted 5 in favor,
1 opposed and 0 abstaining to approve the ordinance and
declaring an emergency. .
H. Evidence exists within the record and the findings attached hereto that the proposal
meets the requirements of Article 8 of the Springfield Development Code.
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NOW, THEREFORE, THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS:
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Section 1: The Springfield Commercial Lands Study is hereby amended as
depicted in Exhibit A.
Section 2: The above findings (A through H), and the findings set forth in Exhibit
B attached hereto and incorporated herein by reference are hereby adopted in support of
the Metro Plan amendment.
Section 3: It is hereby found and determined that this Springfield Development
Code amendment is a matter affecting the public health, safety and welfare and that an
emergency therefore exists and that this ordinance shall take effect immediately upon its
passage by the Council and approval by the Mayor.
Section 4: 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 SpringtThld by a"vote of ~
For and 1 against on this 10th day of J 2005.
Attest:
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Mayor
CityR~ ~~
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ORDINANCE NO. 6111
EXHIBIT A
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SCLS Implementation Strategy I-B (2):
Consistent with the Gateway Refinement Plan and .Metro Plan, designate up to 99 acres
of Community Commercial and Mixed Use within the city limits at the McKenzie-
Gateway MDR Subarea to accommodate a transit supported mix of uses including
residential, commercial, employment and major health service uses.
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ORDINANCE NO. 6111
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Exhibit B
City of Springfield City Council
Findings of Fact and Conclusions of Law
Springfield Development Code and Springfield Commercial Lands Study
Amendments
City Journal Numbers LRP2004-0020 and LRP2004-0021
I. INTRODUCTION
A. Procedural Background
On April 21, 2003, the City of Springfield City Council adopted Ordinance
6050 and Ordinance 6051 (the "Decisions"). Ordinance 6050 amended the
Metropolitan Area General Plan ("Metro Plan") Diagram by re-designating up to 33
acres of land from Medium Density Residential ("MDR") to Community Commercial
("CC") within the Springfield city limits at the Gateway MDR site1. Ordinance 6051
amended the Gateway Refinement Plan ("GRP") Diagram and text to allow, among
other things, the Medical Services ("MS ") zone to be applied to up to 66 acres of
MDR-designated land within the Gateway MDR site.
The Decisions were appealed to the Land Use Board of Appeals (LUBA Nos.
2003-072, 2003-073, 2003-077 and 2003-078). LUBA remanded the Decisions to the
City to allow the City to adopt additional findings with respect to Statewide Planning
Goals ("Goals") 9 and 12. LUBA's decision, in turn, was appealed to the Oregon
Court of Appeals. In its decision, the Court of Appeals reversed in part and affirmed
in part, LUBA's decision. In particular, the Court affirmed LUBA's decision with
respect to the Goal 9 and Goal 12 issues. The Court, however, agreed with the
petitioners, Robin and John Jaqua, that the Metro Plan residential land "auxiliary use"
1 Reference to the Gateway MDR site includes only the annexed property owned by
PeaceHealth and as depicted on Exhibit C. The entire Gateway MDR site is approximately 200 acres
in size. The City's decision in this matter only applies to approximately 157.4 acres ofthe Gateway
MDR site within the city limits as depicted in Exhibit C.
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provisions would not allow the City to apply the MS zone to MDR-designated
property at the Gateway MDR site because, according to the Court, the size and scope
of the proposed hospital development would change the primary use of the land from
residential to commercial. Based on the Court's definition of "auxiliary use" the Court
concluded that the
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kinds of uses contemplated by the challenged ordinances are not
permitted uses in an area designated for residential use. If the
. city wishes to use the area in question for the commercially-
related uses authorized by the ordinances, it will have to
undertake a zone change or other change authorized by the
[Metro Plan]." Jaqua v. City of Springfield, 194 Or App
573, (2004).
Based on the Court's decision, on August 19,2004, LUBA remanded the
Decisions to the City. PeaceHealth has elected to revise the original proposal to make
certain additional GRP text amendments and to increase the amount of commercially
designated land from 33 acres to approximately 94 acres (the "Remand Action"). In
particular, the Remand Action will designate approximately 50 acres as Mixed Use.
("MU"), and 44 acres as CC on the Metro Plan diagram. Consequently, instead of
eventually placing the MS zone on MDR-designated land as authorized through the
Decisions, GRP policies allow the MS zoning to be applied on land designated CC on .
the Metro Plan and GRP diagrams through the Remand Action
In conjunction with the Remand Action, the City has initiated two legislative
amendments. The first is an amendment to the Springfield Commercial Lands Study
("SLCS") to replace Implementation Strategy I-B(2) with a new Implementation
Strategy that is consistent with the Remand Action. The second amendment is to the
Springfield Development Code, Article 22. Given that that Article 22 was adopted
nearly 15 years ago, and because PeaceHealth plans to apply the MS district to the
Gateway MDR site consistent with the Remand Action, it is appropriate at this time to
refme Article 22 in order to reflect the Remand Action and avoid any dispute
regarding the details of the MS zone.
B. Summary of Legislative Amendments
a) SCLS Text Amendments
The City adopted the SCLS in February, 2000. The primary purpose of the
SCLS is to ensure that the City's long-term supply of commercial land is sufficient to
meet the economic development needs of the City through the year 2015. In
summary, the SCLS found that the City's long-term supply of commercial land is not
sufficient to meet projected need. In particular, the SCLS found that there was a
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demonstrated need for 255 acres of commercial land to the year 2015, but a total of
only 97 vacant and redevelopable land within the Ci,ty, leaving a deficit of 158 acres.
The first "significant recommendation" in the SCLS provides that given the shortage
of available large commercial sites and the recognized deficit of commercial lands,
rezoning and annexation may be necessary to meet projected demand.
In its current form, SCLS Implementation Strategy I-B(2) provides as follows:
Prepare Gateway Refinement Plan and Metro Plan amendments
and designate and rezone 10-15 acres of commercial land in the
Gateway MDR site for neighborhood commercial development.
Delete the reference to the 3 acres recommended in the
McKenzie-Gateway Conceptual Development Plan.
The current proposal is to delete SCLS Implementation Strategy I-B(2) and replace it
with the following:
Consistent with the Gateway Refinement Plan and Metro Plan,
designate up to 99 acres of Community Commercial and Mixed
Use in the McKenzie-Gateway Subarea within the City of
Springfield to accommodate a transit supported mix of uses
including residential, commercial and regional health service
uses.
b) SDC Article 22 Text Amendment
Proposed Amendment to SDC Article 22 Medical Services
Proposed language additions are underlined. Language proposed for deletion
is crossed out.
22.010
DISTRICT.
ESTABLISHMENT OF THE MS MEDICAL SERVICES
(1)
In order to implement the policies of the Metro Plan, regulate the use of
land, structures and buildings, and protect the public health, safety and
welfare, the MS District is established in this Article.
(2)
The MS District is designed to provide for hospital and health services
development and expansion and for suitable, geographically dispersed
areas for the development of hospitals, health services. medical offices
and associated medical residential facilities. These facilities shall be
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developed comprehensively and shall be designed to ensure
compatibility with the surrounding neighborhood.
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(3) The MS District may be applied to land provisions of this j\.rticle may
apply:
(a) In the vicinity of the McKenzie-Willamette Hospital, as delineated in
the Centennial-Mohawk Refmement Plan;
(b) On property designated arterial streets where Community Commercial,
Major Retail Commercial, Mixed Use, Medium Density Residential or
High Density Residential under the Metro Plan designations exist
provided that all or portions of such designated property abut and have
direct access to a collector or an arterial street.
22.020
PRIMARY USES.
The following uses are permitted subject to Site Plan Review approval. The
development standards of this Article and any other additional provisions, restrictions
or exceptions set forth in this Code shall apply. USES SIMILAR TO THOSE
SPECIFICALLY LISTED MAY BE PERMITTED AT THE DISCRETION OF
THE DIRECTOR IN ACCORDANCE WITH SECTION 4.010,
INTERPRETATION.
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(1) Hospital services
(2) Medical clinics
(3) Physicians services
(4) Medical laboratory services
(5) Dental services
(6) Dental laboratories
(7) Wellness, fitness and nutrition services
(8) Physical rehabilitation centers
(9) Housing for the elderly and handicapped, independent of care facilities.
(10) Residential care facilities
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(11) Day care facilities that meet Children's Services Division (CSD)
regulations.
(12) Adult day care facilities subject to any applicable State regulations.
(13) Certain Wireless Telecommunications Systems Facilities (Article 32).
Refer to Section 32.130 for siting standards and review process in the
MS MEDICAL SERVICES DISTRICT.
(14) Health services
(15) Medical office buildings
The purpose of the amendment to Article 22 is to clarify that the MS district
may be applied to lands designated CC, MRC, MU, MDR and HDR under the Metro
Plan. Specifically, the proposed amendments clarify that the MS district may be
applied to such lands if all or portions of the property abut and have access to an
arterial or collector street. The "abutting" and "access" language is necessary to
clarify that it is permissible to apply the MS zone to property that abuts and has access
to an arterial or collector street even if there is also non-MS designated property
located between the arterial and the MS-designated property in certain locations. In
other words, this amendment clarifies that there is no requirement that the entire MS
district abut an arterial or collector street. Portions of the MS district, however, must
have access to an arterial or collector. Additiona:Ily, the text amendments clarify that
that the MS district allows "health services" and "medical office buildings". While
these uses would appear to be included within the scope of the identified primary
uses, it is appropriate at this time to make the clarifying amendments.
C. Discussion of Amendments
1. SCLS Text Amendment
The proposed amendment to the SCLS is not an amendment to the Metro Plan
or the GRP. Rather, the amendment is to the SCLS, which provides policy direction
for future amendments to the Metro Plan and GRP. The City's initial findings
regarding the adoption of the SCLS provide, in relevant part:
The SCLS implements Policy 32 of the Metro Plan Economic
Element, "Conduct a Commercial Lands Study prior to the next
major plan update" for the portion of the Metro area within the
Springfield UGB.
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The purpose of the Springfield Commercial Lands Study (SCLS)
is to implement Policy 32 of the Eugene-Springfield Metro Area
General Plan (Metro Plan) and update the commercial buildable
lands inventory for the portion of the Metro Area within
Springfield's urban growth boundary (UGB). The SCLS will
help ensure that Springfield's long-term supply of land available
for commercial development is adequate to meet the
community's commercial economic development needs in terms
of both quantity and quality.
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The SCLS is a special study required by the Department of Land
Conservation and Development (DLCD). DLCD has
recommended City adoption of the SCLS and has stated that the
document complies with the requirements of Statewide Planning
Goal 9. The intent of Springfield's adoption of SCLS is to make
no substantive changes to the Metro Plan or the Springfield
Development Code. but to adopt the SCLS as a policy document
that will implement future amendments to the City's guiding
documents to implement commercial development reflective of
the community's needs.
(SCLS Staff Report). Thus, although the SCLS implements the Metro Plan, the SCLS
did not amend the Metro Plan, nor will the proposed amendment amend the Metro
Plan or the GRP. The approval criteria, however, for the SCLS amendment and
Metro Plan amendments are the same. The primary difference between an
. amendment to the SCLS and the Metro Plan is that an amendment to the SCLS is not
subject to the same Type I, Type II distinction described in the Metro Plan. Similarly,
because the amendment does not amend the Metro Plan or the GRP, there is no ability
for the City of Eugene or Lane County to be involved in the fmal decision. Indeed,
when the City adopted the SCLS in 2000, neither the City of Eugene nor Lane County
was involved with the approval. Consequently, neither jurisdiction will be formally
involved in the amendment of the SCLS.
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In considering the amendment to the SCLS, the City will apply the same
approval criteria it applied in the adoption of the SCLS, except that some Metro Plan
Policies are not applicable to the amendment and are not discussed.
2. SDC Article 22
. The proposed amendments to Article 22 do not amend the Metro Plan or the /
GRP. Therefore, these amendments are similarly not subject to the Type I/Type II
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process, but must only be approved by the City in accordance with the applicable
SDC provisions discussed in below.
II. RESPONSE TO APPROVAL CRITERIA
A. Applicable Standards and Criteria
1. Amendments
Amendments to the SDC are subject to the criteria contained in SDC 8.030
which provides, in part:
In reaching a decision... the Planning Commission and the City
Council shall adopt findings which demonstrate conformance to
the following:
(1) The Metro Plan;
(2) Applicable State statutes;
(3) Applicable Statewide Planning Goals and
Administrative Rules.
When the City adopted the SCLS, the City found that in adopting a special
study, the City must fmd that the study is consistent with the same criteria as set forth
above with respect to legislative code amendments. Consequently, both the SCLS
and Article 22 amendments are subject to the same approval criteria. The findings
below address the consistency of the amendments with the applicable approval
criteria.
B. Statewide Planning Goals
Because the criteria of approval for both the SCLS and Article 22 amendments
both require compliance with Statewide Planning Goals, the following findings
address compliance of all the SCLS and Article.22 amendments with the Statewide
Planning Goals. In some instances certain amendments are discussed individually
with respect to a certain goal. In other instances the findings relate to all of the
amendments. Where individual amendments are not referenced, the fmdings related
to all the proposed amendments.
GOAL 1- CITIZEN INVOLVEMENT
Springfield has an acknowledged citizen involvement program and an
acknowledged process for securing citizen input on all proposed plan amendments.
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Generally, Goal 1 requires every city and county to develop and implement a citizen
involvement program. Goal 1 does not provide due process protections, nor does it
dictate the conduct of local government hearings. Rather, the manner in by which
local government hearings are conducted and the procedural requirements for such
hearings are governed by statute. Where notice of hearings has been provided and
considerable testimony considered, LUBA has found no Goal 1 violation.
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The Metro Plan contains a citizen involvement program satisfying Goal 1.
Metro Plan at III-K-l to III-K-4. The City has complied with these provisions of the
Metro Plan. Because the proposed amendments do not affect the Citizen Involvement
element of the Metro Plan, the amendments do not violate Goal 1. Similarly, because
the City will adhere to the Citizen Involvement Element of the Metro Plan throughout
this legislative process, the City's procedure in reviewing the amendments is
consistent with Goal 1.
GOAL 2 - LAND USE PLANNING
Goal 2 requires that local comprehensive plans be consistent with the Goals,
that local comprehensive plans be internally consistent, and that implementing
ordinances be consistent with acknowledged comprehensive plans. Goal 2 also
requires that land use decisions be coordinated with affected jurisdictions and that
they be supported by an adequate factual base.
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The Metro Plan and the SDC establish the approval criteria for the subject
amendments. Compliance with these measures will assure an adequate factual basis
for approval of the subject amendments. As discussed elsewhere in this document,
the proposed amendments are consistent with the Metro Plan and the Goals.
Consequently, by demonstrating such compliance, the proposed amendments satisfy
the consistency element of Goal 2.
GOAL 3 - AGRICULTURAL LANDS
This goal is inapplicable because it applies only to "rural" agricultural lands
and the amendments do not affect property outside an acknowledged urban growth
boundary. OAR 660-15-000(3).
GOAL 4 - FOREST LANDS
Goal 4 does not apply within urban growth boundaries. OAR 660-06-0020.
The areas affected by these amendments are inside an acknowledged urban growth
boundary. Goal 4 is therefore inapplicable.
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GOAL 5 - OPEN SPACE, SCENIC AND HISTORIC AREAS,
NATURAL RESOURCES
Goal 5 requires local governments to protect a variety of open space, scenic,
historic, and natural resource values.
Neither the SCLS nor the Article 22 amf:ndments implicate Goal 5. In
particular, the SCLS amendment does I).ot have any direct, on-the-ground impacts that
would implicate Goal 5. The SCLS amendment does not, in and of itself, amend any
Metro Plan or GRP diagram. Rather, the SCLS amendment amends an
implementation strategy that allows the City to address the deficit of commercial land
through the adoption of Metro Plan and GRP diagram amendments at the Gateway
MDR site. Because there are no direct impacts to any resources protected through
Goal 5, the SCLS amendment is consistent with the requirements of Goal 5.
Similarly, the Article 22 amendment merely clarifies where the City may apply
the MS zone and identifies the types of medical uses that are permitted in the MS
zone. To the extent that any Goal 5 resources are on property eventually zoned MS,
Goal 5 compliance will be measured at such time.
GOAL 6 - AIR, WATER, AND LAND RESOURCES QUALITY
The purpose of Goal 6 is to maintain and improve the quality of the air, water
and land resources of the state. Generally, Goal 6 requires that development comply
with applicable state and federal air and water quality standards. In the context of an
amendment to the SCLS and Article 22, Goal 6 requires that it is reasonable to expect
that applicable state and federal environmental quality standards can be met after
adoption ofthe amendments. Applicable state and federal requirements regarding air,
water and land resources are either implemented through the standards adopted by the
SDC and applicable development standards, or imposed and enforced by state or
federal agencies. Because the proposed amendments do not authorize any specific
development at this time, there can be no direct impact to air, water or land resources.
When development is proposed on the Gateway MDR site, all such development must
necessarily comply with local, state and federal regulations protecting air, water and
land resources.
GOAL 7 - AREAS SUBJECT TO NATURAL HAZARDS
Goal 7 requires that development subject to damage or that could result in loss
of life not be planned or located in known areas of natural hazards and disasters
without appropriate safeguards. The goal also requires that plans be based on an
inventory of known areas of natural disaster and hazards. Neither the SCLS
amendment nor the amendment to Article 22 allow for any specific development nor
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do they encourage any development inconsistent with Goal 7. To the extent that
future development is permitted based on the amendments, all such development will
be required to comply with the local Goal 7 implementing regulations.
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GOAL 8 - RECREATIONAL NEEDS
Goal 8 requires local governments to plan and provide for the siting of
necessary recreational facilities to "satisfy the recreational needs of the citizens of the
state and visitors." Responsible governmental agencies must plan to meet these needs
(1) in coordination with private enterprise; (2) in appropriate proportions; and (3) in
such quantity, quality and lo~ations as is consistent with the availability of the
resources to meet such requirements." OAR 660-015-000(8). Neither amendment
implicates Goal 8 because neither amendment has any impact to the City's
recreational facilities.
GOAL 9 - ECONOMIC DEVELOPMENT
Goal 9 requires local jurisdictions "to provide adequate opportunities
throughout the state for a variety of economic activities vital to the health, welfare,
and prosperity of Oregon citizens."
The SCLS was adopted to implement Policy 32 of the Metro Plan Economic
Element, "Conduct a Commercial Lands Study prior to the next major plan update" .
for the portion of the Metro area within the Springfield UGB. The SCLS updated the
commercial buildable lands inventory for the portion ofthe City within urban growth
boundary. -The SCLS was adopted to help ensure that the City's long-term supply of
land available for commercial development is adequate to meet the community's
commercial economic development needs in terms of both quantity and quality. The
Metro Plan Economic Element implements the City's Goal 9-related obligations.
The SCLS amendment further implements, and is consistent with, Goal 9.
Unlike the Remand Action, the SCLS amendment does not amend the Metro Plan
Diagram. No underlying designations are being changed and no property is being
rezoned. Instead, the SCLS amendment provide policy guidance to the City in
considering Metro Plan Diagram amendments. As a result, the provisions of
OAR 660-009-0011(4) do not apply. Instead, upon adoption of the SCLS
amendment, the amendment will provide guidance for Metro Plan and GRP
amendments.
A predominant finding in the SCLS was that the City will be unable to meet
the demand for commercial property without designating additional commercial lands
in developing areas, through annexation or other available means. SCLS at 18. At
the time the SCLS was adopted PeaceHealth had not unveiled its proposal to relocate
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to th~ Gateway MDR area. Accordingly, the opportunity to utilize the Gateway MDR
area for commercial development had not been presented as an option to fulfill the
City's deficit of commercial land. Given the new opportunity and the City's
recognized deficit of commercial land, it is appropriate at this time to recognize the
new opportunity and amend the SCLS to partially address the commercial deficit
through the use of portions of the Gateway MDR site. Because the SCLS amendment
will provide policy guidance for the City in meeting its Goal 9 requirements, the
SCLS amendment is consistent with Goal 9.
GOAL 10 - HOUSING
LCDC's Housing goal requires cities to maintain adequate supplies of
buildable lands for needed housing as follows:
"Goal: To proyide 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 housing units at price
ranges and rent levels which are commensurate with the financial capabilities
of Oregon households and allow for the flexibility of housing location, type,
and density. "
Neither the Article 22 nor SCLS amendments implicate Goal 10. In particular,
the Article 22 amendments do not affect the City's acknowledged Goal 10 inventory,
nor do they in any way make it easier to convert residential land to non-residential
land. Although the SCLS amendment provides that MDR-designated land within the
Gateway MDR area should be redesignated as commercial, the present amendment
does not redesignate any land and, therefore, has no effect on the Goal 10 inventory or
the City's obligations under Goal 10. At the time that portions ofthe Gateway MDR
site are proposed to be redesignated for commercial uses consistent with the SCLS
amendment, the City will have to determine whether it may do so consistent with
Goal 10. The amendments, therefore, are 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. Neither amendment directly implicates Goal 11.
Neither amendment allows any specific development nor do they have any direct
impact on public facilities and services. To the extent that the Gateway MDR site is
redesigated through the Remand Action or a later action, the development allowed
through such action must demonstrate compliance with Goal 11. Similarly, if the MS
district is applied to the Gateway MDR site, then through such rezoning PeaceHealth
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will have to demonstrate compliance with Goal 11. At this juncture, however, the
amendments are consistent with Goal 11.
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GOAL 12 - TRANSPORTATION.
Neither Goal 12 nor the TPR are implicated by either the SCLS amendment or
the amendments to Article 22. Upon development of any property subject to these
amendments, or any Metro Plan or GRP amendment, applicants will have to
demonstrate compliance with Goal 12 and the TPR.
GOAL 13 - ENERGY CONSERVATION
The Energy goal is a general planning goal and provides limited guidance for
text amendments to local provisions. Neither amendment has any direct impact on
Goal 13 and are therefore not inconsistent with Goal 13.
GOAL 14 - URBANIZATION
Goal 14 requires local jurisdictions: "To provide for an orderly and sufficient
transition from rural to urban land use." The Gateway MDR site is within the Metro
Area UGB, within the city limits of Springfield, and within the fully -developed and
served urbanized area of the community. The amendments are intended to facilitate
efficient use of the site for urban uses, thereby facilitating the compact urban growth .
form which is the subject of the LCDC's Urbanization goal. To the extent that Goal
14 applies to the present action given that it is presently within the UGB, there is
nothing in either amendment that would affect the City's obligation to plan for an
orderly transition from rural to urban land use.
GOAL 15 - WILLAMETTE RIVER GREENWAY
This goal is inapplicable because the Gateway MDR site is not within the
boundaries of the Willamette River Greenway and neither amendment has any impact
to the Greenway.
GOALS 16-19-COASTAL GOALS
These goals are inapplicable to this proposal.
C. Response to Text of Metro Plan
This section addresses the consistency of the proposal with applicable policies
of the Metro Plan. In general, the [mdings below do not discuss those portions of the
Metro Plan that (1) apply only to rural or other lands outside of the urban growth
boundary, (2) apply to land uses other than the current or proposed designations for
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the site or (3) clearly apply only to specific development applications (e.g., Site Plan
Review submittals, subdivisions, etc.). In many instances the goals, policies and
implementation measures apply to specific development proposals that will be
addressed through compliance with applicable City regulations during master plan
and site development review. Specifically, the SCLS amendments address the
applicable provisions of the Metro Plan that the City addressed in 2000 when it
adopted the SCLS. Similarly, the findings for the Article 22 Amendments address in
narrative form the Metro Plan Policies addressed when the City adopted the MS Zone.
Provisions of the Metro Plan not discussed below do not apply to this proposal.
The Metro Plan Introduction, Section D provides the following definitions:
A goal as a broad statement of philosophy that describes the
hopes of the people of the community for the future of the
community. A goal may never be completely attainable, but is
used as a point to strive for.
An objective is an attainable target that the corrimunity attempts
to reach in striving to meet a goal. An objective may also be
considered as an intermediate point that will help fulfill the
overall goal.
A policy is a statement adopted as part of the Plan to provide a
consistent course of action moving the community towards
attainment of its goals.
For both amendments, the proposed amendments must demonstrate
consistency with the Metro Plan (SDC 8.030(1)).
D. SCLS Metro Plan Compliance
1. RESIDENTIAL LAND AND HOUSING ELEMENT
The Residential Land Use and Housing Study, adopted February 1999, updates
the Residential Land Element of the Metro Plan. The Study has several policies that
are supported with the policies and strategies from the SCLS. These are grouped into
similar categories and addressed as follows:
a. Residential Density
Policy 9:
"Promote higher density residential inside the urban growth
boundary that utilizes existing infrastructure, improves the
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efficiency of public services and facilities, and conserves rural
resource lands outside the urban growth boundary."
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Policy 10:
"Generally locate higher density residential development near
employment or commercial services, in relationship to major
transportation systems or within transportation-efficient nodes."
Policy 11:
"Coordinate higher density residential development with the
provision of adequate infrastructure and services, open space, and
other urban amenities."
Policy 12:
"Increase overall residential density in the metropolitan area by
creating more opportunities for effectively designed in-fill, .
redevelopment, and mixed use while considering impacts of
increased residential density on existing and historic
neighborhoods."
Findings:
1. When it adopted the SCLS the City found that the SCLS was consistent
with the Residential Land and Housing Study because the SCLS directs the City to
encourage infill, higher intensity development, and redevelopment in strategic areas
of the City that combines a mix of uses. The current amendment does not alter the .
. City's findings. While the SCLS amendment may eventually lead to a redesignation
of residential land to commercial, as evidenced the Remand Action, the Gateway
MDR site is within the urban growth boundary, will encourage the efficient use of
public services and facilities and conserve rural land outside the UGB.
2. The SCLS contains policies that direct the City to invest capital
improvements into identified areas suited to higher intensity development, and to
increase the densities of commercial, residential and industrial (where appropriate) in
these identified areas. The SCLS amendment will likewise encourage higher density
development of commercial and residential uses. As proposed, the Remand Action
will require PeaceHealth through the master planning process to provide an equivalent
number of housing units as would have been allowed through MDR zoning, thus
resulting in a higher overall density of development.
b. Design and Mixed Use
Policy 21: "Expand opportunities for a mix of uses in newly developing areas
and existing neighborhoods through local zoning and development
regulations. "
.
Page 14 of21
SCLS - SDC Findings
1110/05
.
.
.
Policy 22: "Reduce impacts of higher density residential and mixed use
development on surrounding uses by considering site, landscape,
and architectural design standards or guidelines in local zoning and
development regulations."
Findings:
1. The SCLS is consistent with the policies in the Residential Element that
address design and mixed use. The SCLS promotes the application of a Mixed Use
Zoning District, which will ensure a mix of higher density housing in conjunction
with commercial and employment opportunities. Policy 3-A of the Study states,
"Redesignate and rezone portions of industrial land or residential land within
identified.... nodes to Mixed Use Commercial to achieve the objectives of the
TransPlan, Transportation Planning Rule 12, and to incorporate higher intensity
development in conjunction with residential and employment opportunities." By
allowing for further mixed use development on the Gateway MDR site, the SCLS
amendments further these goals.
2. The SCLS amendment is designed to allow for a greater amount of
efficient, mixed use development. As evidenced by the Remand Action, PeaceHealth
will be required to obtain master plan approval for any development on the Gateway
MDR site. This process will ensure compatibility between residential and commercial
uses.
2. ECONOMIC ELEMENT
The Economic Element of the Metro Plan contains guiding policies that are
supported by the policies proposed in the SCLS amendment. These are as follows:
Policy 6:
"Increase the amount of undeveloped land zoned for light industrial
and commercial uses correlating the effective supply in terms of
suitability and availability with the projections of demand." (p. 111-
B-5)
Finding:
The SCLS supports policies in the Economic Element of the Metro Plan that
direct the City to provide commercial land supplies proportional to the demonstrated
demand. The Study directs the City through policies such as I-A and I-B to provide
sufficient land to meet the future demand for commercial land. The SCLS
amendment furthers this goal by providing guidance to the City for the allocation of a
greater amount of commercial land within the Gateway MDR site in order to meet the
deficit identified in the SCLS.
Page 15 of21
SCLS - SDC Findings
1/10/05
Specifically, Policy I-A states, "Maintain a mixed supply of large and small .
commercial sites through strategies such as rezoning or annexation to serve
Springfield's future population". Policy I-B states, "Ensure that an adequate amount
of commercial land is designated in undeveloped identified nodes such as
Jasper/Natron and McKenzie/Gateway, to accommodate a portion of the demand for
commercial acreage, and to implement the policies and objectives of the TransPlan."
By providing additional guidance regarding the appropriate amount of commercial
development at the Gateway MDR site, the SCLS amendment furthers this goal.
Policy 14: "Continue efforts to keep the Eugene and Springfield central business
districts as vital centers of the metropolitan area." (p. III-B-5)
Finding:
The SCLS contains policies and strategies to encourage redevelopment, which
will assist in revitalizing downtown Springfield. The SCLS contains policies that
encourage more intense development, and that make redevelopment more financially
feasible for developers, also noting that public investment may need to be
concentrated in areas where redevelopment is suitable, and rezoning recommended
where appropriate. The SCLS amendment does not affect this Policy because it does
not implicate any of the central business district provisions of the SCLS.
Policy 16: "Utilize processes and local controls which encourage retent~on of
large parcels or consolidation of small parcels of industrially or
commercially zoned land to facilitate their use or reuse in a
comprehensive rather than piecemeal fashion." (p. III-B-5)
.
Finding:
The SCLS amendment directly supports this policy by providing additional
guidance to the City with respect to the development of apotential 94 acre mixed use
commercial development, rather than relying on small, piecemeal commercial
development.
Policy 23: "Provide for limited mixing of office, commercial, and industrial
uses under procedures which clearly define the conditions under
which such uses shall be permitted and which: (a) preserve the
suitability of the affected areas for their primary uses; (b) assure
compatibility; and (c) consider the potential for increased traffic
congestion." (p. III-B-6)
.
Page 16 of21
SCLS - SDC Findings
1/10/05
.
.
.
Finding:
The SCLS supports this Metro Plan policy by directing the City to increase the
intensity and mix of uses within appropriate areas by applying a Mixed Use Zoning
District within the areas, to achieve the objectives of nodal development. The Mixed
Use District will provide guidelines to ensure that various uses are compatible.
Although not approved through this amendment, the Remand Action in tandem with
this amendment will allow for a greater amount of mixed use commercial
development consistent with this Policy.
Policy 22: "Review local ordinances and revise them to promote greater
flexibility for promoting appropriate commercial development in
residential neighborhoods." (p. III-B-6)
Finding:
The SCLS amendment supports increasing the amount of appropriate
commercial development within the Gateway MDR area, while at the same time,
through the Remand Action, assuring that an appropriate amount and density of
residential development will be retained.
3. ENVIRONMENTAL RESOURCES ELEMENT
The SCLS contains poliCies that are consistent with those in the Environmental
Resources Element of the Metro Plan that pertain to commercial development. These
are addressed together as follows:
Policy 18: "Local governments shall develop plans and programs which
carefully manage development on hillsides and in water bodies, and
restrict development in wetlands in order to protect the scenic
quality, surface water and groundwater quality, forest values,
vegetation, and wildlife values of those areas." (p. III-C-9)
Policy 20: "In order to improve water quality and quantity in the
metropolitan area, local governments shall consider developing
regul~tions or instituting programs to:
a. improve management of industrial and commercial
operations to reduce negative water quality and quantity
impacts;
Page 17 of21
SCLS - SDC Findings
1/10/05
b.
regulate site planning for new development and construction
to better control drainage and erosion and manage storm
runoff;
.
c. increase storage and retention of storm runoff to lower and
delay peak storm flows." (p. III-C-IO)
Finding:
The SCLS amendment is consistent with the policies pertaining to natural
resource protection contained in the Environmental Resources Element of the Metro
Plan. Although commercial land is valuable and scarce in the Springfield UGB, the
City will continue to comply with federal and state mandates and implement
provisions for protection of natural resources, not only to comply with these
mandates, but also to improve the quality of these natural resources as urban
development continues. Policy 7-A of the Study states, "Facilitate more efficient use
of commercial land by allowing on-site methods of stormwater pretreatment that use
less of the developable portion of commercial land, within the parameters of state and
federal mandates". The City will continue to require on-site stormwater treatment
facilities where applicable.
4. TRANSPORTATION ELEMENT
.
Policy 2 of the Transportation Element of the Metro Plan is supported by the
policies in the SCLS, discussed as follows:
Policy 2:
"The following recommendations are, from a transportation
standpoint, geared toward reducing transportation energy demand
and improving opportunities for using alternative modes, such as
urban public transit, bicycle, pedestrian, and paratransit. These
recommendations stress the need to increase residential densities
and to locate places of employment and residences in proximity to
on another.
a. Growth of downtown Eugene and Springfield as commercial,
residential, civic, and employment centers shall be
encouraged.
b. Existing employment centers shall be encouraged to grow
and diversify by allowing and concentrating new commercial,
governmental, and light industrial uses, where appropriate,
in those centers.
.
Page 18 of21
SCLS - SDC Findings
1/10/05
.
c.
Development and redevelopment shall be encouraged in
designated areas which are relatively well served by the
existing or planned urban transit system.
Finding:
The SCLS supports the strategies from the Transportation Element of the
Metro plan, by encouraging compact urban development.
Specifically, Policy 3-A of the Study states, "Redesignate and rezone portions
of industrial land or residential land within identified Employment Center,
Neighborhood Center, or Commercial Center nodes to Mixed Use Commercial to
achieve the objectives of TransPlan, Transportation Planning Rule 12, and to
incorporate higher intensity development in conjunction with residential and
employment opportunities." This Policy is further supported by the SCLS
amendment in that it allows for a greater amount of mixed use development allowing
for a robust mix of commercial and residential uses in proximity to mass transit.
E. ARTICLE 22 AMENDMENT METRO PLAN
COMPLIANCE
.
The amendments to Article 22 are minor and, for the most part, do not
implicate goals, policies or implementation measures of the Metro Plan. When
originally adopted by the City in 1989 the City found that MS District was consistent
with a number of Metro Plan Policies, as identified in the findings for Ordinance No.
5491, attached hereto and incorporated by reference. The minor changes to Article 22
do not alter the City's previous findings.
The addition of "health services" and "medical offices" in the Article 22
amendment are considered "housekeeping" and do not alter the City's earlier findings.
Although "health services" and "medical offices" presumably fall within the exiting
allowance for "hospital services," "medical clinics" and "physicians services," for
purposes of clarity the City has elected to include "health services" and "medical
offices" to avoid any dispute regarding whether such uses are allowed in the MS zone.
.
The addition of the "Mixed Use" zone as a zone upon which the MS zone may
be applied recognizes the availability of the MUC zone as a viable commercial zone
and one in which a wider variety of uses, including residential and commercial, may
be developed. The addition of the MUC zone does not alter the City's previous
findings. In fact, in response to the Metro Plan Residential Land Use and Housing
Element Policy 15, the City previously found that the MS zone is a type of mixed use
zone. Because mixed use zoning is now available in the City, it is appropriate to
include the MUC zone within the scope ofthe MS district.
Page 19 of21
SCLS - SDC Findings
1/10/05
Perhaps the most significant change to the MS district is the amendment that .
allows the MS district to be applied to land that abuts and has direct access to
collector and arterial streets. This amendment is necessary to clarify that the MS
district, as a zone that may be applied to mixed use properties, will allow for mixed
use development to be interspersed with theMS zoning. This allowance is crucial to
allow a vital mixed use development with commercial, hospital and residential uses in
a comprehensive development. The ability to locate the MS district on property with
access to a collector or arterial will ensure that allowed uses in the MS zone will have
sufficient access, while at the same time allowing for various commercial uses to be
interspersed with the MS development.
In addition to the above findings, the following Metro Plan Policies are
applicable to the amendment.
.1. RESIDENTIAL LAND AND HOUSING ELEMENT
a. Residential Density
Policy 10:
"Generally locate higher density residential development near
employment or commercial services, in relationship to major
transportation systems or within transportation-efficient nodes."
Policy 12: "Increase overall residential density in the metropolitan area by
creating more opportunities for effectively designed in-fill,
redevelopment, and mixed use while considering impacts of
increased residential density on existing and historic
neighborhoods."
.
Finding:
The MS zone allows for residential and commercial health service and mixed
use development. Combining these uses and allowing such uses on property with
access to arterial and collector streets will create more opportunities for effective in-
fill in relation to major transportation facilities.
b. Design and Mixed Use
Policy 21: "Expand opportunities for a mix of uses in newly developing areas
and existing neighborhoods through local zoning and development
regulations."
Policy 22: "Reduce impacts of higher density residential and mixed use
development on surrounding uses by considering site, landscape,
.
Page 20 of21
SCLS - SDC Findings
1/10/05
.
.
.
and architectural design standards or guidelines in local zoning and
development regulations."
Finding:
Because newly developing areas will have a mix of collectors and arterials, it is
important to allow such areas to utilize MS zoning without the condition that it only
apply to property abutting arterials. Any development through MS zoning will
require additional approval and, at such time, applicable design and development
regulations will ensure a reduction of impacts.
4. TRANSPORTATION ELEMENT
Policy 2 of the Transportation Element of the Metro Plan is supported by the
policies in the SCLS, discussed as follows:
Policy 2:
"The following recommendations are, from a transportation
standpoint, geared toward reducing transportation energy demand
and improving opportunities for using alternative modes, such as
urban public transit, bicycle, pedestrian, and paratransit. These
recommendations stress the need to increase residential densities
and to locate places of employment and residences in proximity to
on another.
a. Growth of downtown Eugene and Springfield as commercial,
residential, civic, and employment centers shall be
encouraged.
b. Existing employment centers shall be encouraged to grow
and diversify by allowing and concentrating new commercial,
governmental, and light industrial uses, where appropriate,
in those centers.
c. Development and redevelopment shall be. encouraged in
designated areas which are relatively well served by the
existing or planned urban transit system.
Finding:
By allowing t);1e MS zone to be placed on property abutting and having access
to collector streets, the City will provide additional opportunities for compact
residential and employment opportunities.
Page 21 of21
SCLS - SDC Findings
1/10/05
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