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HomeMy WebLinkAboutNotice PLANNER 1/17/2008 (2) F AFFIDAVIT OF SERVICE STATE OF OREGON } }ss. } /-- County of lane I, Brenda Jones, being first duly sworn, do hereby depose and say as follows: 1. I state that I am a Secretary for the Planning Division of the Development Services Department, City of Springfield, Oregon. 2. I state that in my capacity as Secretary, I prepared and caused to be mailed copies of Notice of Decision - ZON2007-00053 - Notice to Owner/Applicant (See attachment "A") on January 17,2008 addressed to (see Attachment "B"), by causing said letters to be placed in a U.S. mail box with postage fully prepaid thereon. I Brenda ~ones f Planning Secretary STATE OF OREGON, County of lane 1~ I~ ,2008 Personally appeared the above named Brenda Jones, ~cretary. ~ho acknowledged the foregoing instrument to be their voluntary act. Before me: ....... ...,.....-.. -~_.~ -....-.."'-.,.. OFFICIAL SEAL DIEYETTE:: KELLY NOTARY PUBLIC" OREGON COMMiSSION NO. 420351 MY COMMISSION EXPIRES AUG 15, 2011 1~,~t1t1d/ . My Commission Expires: g' /Js-!J; I I .- NOTICE OF DECISION SPRINGFIELD PLANNING COMMISSION Date of Notice: January 17,2008 Date of Decision: January 15,2008 Case Number: ZON2007-00053 Applicant: Brethren Community Service Nature of the Application: Zoning Map Amendment from Community Commercial (CC) to Mixed-Use Residential (MUR) for the following property: Assessor Map 17-03-35-41 Tax Lot: 4600,4700,4800 and 4900 The application was initiated and submitted in accordance with the Springfield Development Code. On January 15,2008, a public hearing on the Zoning Map Amendment request was held before the Springfield Planning Commission. Th~ Development Services Department staff report including criteria of approval, findings and recommendations, together with oral and written testimony submitted has been considered and is part of the record of this proceeding. Decision: After a motion and approval to revise Finding #2 to read: In this case, the Metro Plan Diagram provides sufficient specificity to apply the Metro Plan to the subject property because identifiable features are shown: the end of the Downtown Refinement Plan, which is Tenth and Main Street~-' l (see Exhibit A), the Springfield Planning Commission voted 7 in favor, and 0 against, with 0 absent and 0 abstentions to approve the Zoning Map Amendment. The action taken by the Springfield Planning Commission is a final action. Appeal: The applicant or any party may appeal this decision to the City Council. The appeal must be submitted to the Development Services Department at 225 Fifth Street, Springfield, OR 97477; within 10 days of the Planning Commission's decision. J'he appeal must be in accordance with the Springfield Development Code Section 5.3-100 APPEALS. The appeal must be submitted on a City form and a fee of $250.00 must be paid with the submittal. The fee will be returned to the appellant only if the City Council approves the Appeal Application. Questions: If you have any questions concerning this matter please contact Kitti Gale at 726-3632 Zoning Map Amendment - Type III Staff Report and Findings Hearln2' Uate: January IS, 2008 l,;ase Number: ZON 2007-00053 Sub~ect Pro~erty. Assessor Map No. 17-03-35-41, TL 4600, 4700, 4800 & 4900 Aoolicant fOwner Attn: Patricia Wright Brethren Community Srvc Spfld Church of Brethren 1072 Main Street Springfield, Or 97477 Aoolicant's Reoresentative - - - Destin Ferdun Lunabridge 3575 NE Shaver Portland, OR 97212 Date Submitted: October 17, 2007 REOUEST: The Applicant requests a Zoning Map Amendment-Type 11/ to change the zoning of approximately 1.05 acres of land from Community Commercial (CC) to Mixed-Use Residential (MUR). The land is located at 1062 Main Street, 1072 Main Street, 1082 Main Street & 1096 Main Street in Springfield, and identified on Assessor Map 17-03-35-41 Tax Lots 4600, 4700, 4800 & 4900. The purpose of this proposed action is to correct an inconsistency between the Metro Plan Diagram (Exhibit A) and the local zoning map. The existing CC zoning is not consistent with the Metro Plan Diagram and the Director has determined that this application qualifies to be processed as a City-sponsored Zoning Map Amendment-Type 11/, as established by department policy in 2006. The Planning Commission is asked to consider the applicant's request and the findings of fact contained herein, and then to confirm that the proposed zoning is consistent with the Metro Plan and that the MUR zone designation is appropriate in this case. VICINITY MAP (not to scale) UBJECT PROPERTY 1062, 1072, 1082 & 1096 Main Street (1.05 acres) Alley ri~ht of way C) NORTH Tax Lots 4900. 4800. 4700 & 4600 PROPERTY DESCRIPTION: The subject property is located on the north side of Main Street, east of 10th Street as shown above and in Exhibit B. The subject property is approximately 1.05 acres, which encompasses four tax lots as Identified on Assessor Map 17-03- 35-41 Tax Lots 4600, 4700, 4800 & 4900. The land IS currently under one owner, the Springfield Church of the Brethren, dOing non-profit business and known as Brethren Community Services (BCS). The property IS developed with several structures, which serve the BCS's mission. The property has access from both Mal\l Street and the abutting alley to the north. REVIEW PROCESS: This City sponsored Zonmg Map Amendment-Type 11/ application IS a quasI-Judicial zoning map amendment that Includes four abutting tax lots owned by the BCS; Involves the application of existing policy to a specific factual setting; and, does not require a Metro Plan DIagram amendment. -SDC Section 5.22-1 1 5 (A) states that QuasI-Judicial Zonmg Map Amendments may be approved by the Planning Commission and that the Planning Commission's decIsion IS the final local decIsion. ThiS application IS reviewed under Type III procedures listed In SDC Section 5.1-135 and Section 5.22-110. The application was accepted as complete on Oct 17, 2007. Approval of thiS request would allow development In accordance with the standards of SDC Section 32-600 Springfield Mixed-Use Zoning DistriCts. The owner IS Interested In seeking new redevelopment approval for the subject property, thus the zoning must be made consistent with the Metro Plan DIagram deSignation prior to site plan approval. There are no maximum residential densities established for MUR districts except those regulated by bUilding heights. Future development of the site will reqUire either a Type II or Type III land-use review process (SIte Plan ReVIew and/or approval of a land diVIsion), which shall Include notice to surrounding property owners. DISCUSSION: In thiS report, staff will demonstrate that the proposed MUR zoning IS appropriate and consistent with the Metro Plan DlOgram (see Exhibit A attached to thiS report) and that the proposal meets the criteria for approval of quasI-Judicial Zonmg Map amendments In accordance at Springfield Development Code Section 5.22-115(C). RECOMMENDATION: Upon review of the applicant's request, staff finds that the proposed Mixed-Use Residential zoning IS consistent With both the Metro Plan DlOgram and the Metro Plan policies and therefore recommends approval of the applicant's request. ZONING OF SURROUNDING PROPERTIES: Land to the north IS currently zoned and developed With Low DenSity Residential (LDR) uses Land to the east, south, and the west IS currently zoned Community Commercial (CC). Prior to new development of the neighboring properties, those owners will also have to resolve their own planlzone conflicts. The Metro Plan DlOgram deSignation for the neighbOring properties to the east and west IS also Mixed-Use Residential (MUR); deSignation for the neighbOring properties to the south IS Mixed-Use Commercial (MUC). SDC Section 5.22-115 Criteria of Approval - Zoning District Change SDC Section 522-115 establishes the criteria to be used In approving zone changes. In conSideration of thiS request, the Planning CommisSion or Hearings OffiCial shall approve findings, which demonstrate that all of the following applicable criteria have been addressed: 2 SDC Section 5.22-115 C <I> Criterion I: Consistency with applicable Metro Plan policies and the Metro Plan Diagram The Metro Plan provides the public with general gUidelines for individual planning decIsions. Reference to supplemental planning documents of a more localized scope, including neighborhood refinement plans, IS adVisable when applYing the Metro Plan to specific parcels of land or individual tax lots (Metro Plan page 1-2, #4). The Metro Plan serves as a general planning framework to be augmented, as needed, by more detailed planning programs In order to meet the specific needs of the various local governments (Metro Plan page 1-2, #8) Finding #1: No refinement plan has been adopted for thiS specific area. There are no supplemental planning documents of a more localized scope that Include the subject property. Finding #2: In thiS case, the Metro Plan Diagram provides sufficient specificity to apply the Metro Plan to the subject property because two Identifiable features are shown: 10th Street and Main Street (See Exhibit A). Planniiig Commission 01/15/2008 Amendment to Finding #2 r In this case, the Metro Plan Diagram provides sufficient specificity to apply the Metro Plan to the subject property because identifiable features are shown: the end of the Downtown Refinement Plan, which is Tenth and Main Streets (see Exhibit A). The Metro Plan Diagram clearly indicates Mixed-Use Residential (MUR) plan designation In the area of land east of 10th Street and north of Main Street. The Metro Plan DIagram also establishes the northerly limit of thiS MUR plan designation area as seen In Exhibit A Finding #3: The Metro Plan designation of the subject property IS Mixed-Use Residential (MUR). The applicant's proposed MUR zoning IS therefore consistent with the Metro Plan designation and the Plan poliCies. The eXisting, local, Community Commercial zoning represents a Plan/zone conflict that must be corrected prior to further development of the site. The follOWing Metro Plan policies support the applicant's request: Metro Plan Land SUDDly and Demand Policy A2: Residentially designated land within the UGB should be zoned consistent with the Metro Plan and applicable plans and policies. Metro Plan Land SUD~ly and Demand Policy A4: Use annexation, provision of adequate public facilities and services, rezoning, redevelopment, and infill to meet the 20-year projected housing demand. Metro Plan Resldentltll Density Policy AI 0: Promote higher residential density inside the urban growth boundary that utilizes existing infrastructure, improves the efficiency of public services and facilities, and conserves rural resource lands outside the urban growth boundary. Metro Plan Residential Density Policy All: Generally locate higher density residential development near employment or commercial services, in proximity to major transportation systems or within transportation-efficient nodes. 3 Nletro Plan Residential Density Policy A12: Coordinate higher density residential development with the provision of adequate infrastructure and services, open space, and other urban amenities. / Nletro Plan Residential Density PollcyAl3: 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 historic, existing, and future neighborhoods. Finding #4: Approval of the applicant's request would allow an Increase of residential denSity on the subject property from a maximum of one Unit per commercial development site to unlimited residential Unit denSity, except that which will be restricted by bUilding height. (The maximum # of residential Units will be reviewed at the time of site plan review) Finding #5: Approval of the applicant's request would create an opportUnity for effectively deSigned In~fill development In accordance wIth Metro Plan policies that Includes both commercial and residential use. Metro Plan Residential Density Policy AI4 states: Review local zoning and development regulations periodically to remove barriers to higher density housing and to make provisions for a full range of housing options. Finding #~6: The presence of Inconsistent Community Commercial-only (CC) zoning Within areas desl;gnated Mixed-Use ReSidential on the Metro Plan limits and restricts redevelopment opportunities through limitation of both residential denSity and restraints on deSign. The eXisting CC zoning creates a restraint on both reSidential and commercial Infill. Finding #7: Approval of the proposed zone change will create an opportUnity to increase the number of reSidential units permitted and thus Increase overall denSity and additional hOUSing options Within the metropolitan area. Metro Plan page III-A-8 ReSidential DenSity Policy AI6 states: Alllow for the development of zoning districts which allow overlap of the established Metro Plan density ranges to promote housing choice and result in either maintaining or increasing housing density in those districts. Under no circumstances~shall housing densities be allowed below existing Metro Plan density ranges. Finding #8: The eXisting Springfield zoning for the subject property presently permits a resldentlall denSity allocation (one per commercial site) that IS lower than local Mixed-Use Resldentl~,1 zoning (minimum of 20 per gross acre). Finding'#~9: The eXisting CC zoning IS Inconsistent with the Metro Plan text Conclusion #1: Staff finds that the MUR zoning requested by the applicant IS consistent With the applicable Metro Plan poliCies. In addition, the Metro Plan DIagram prOVides the level of speCifiCity necessary to apply the MUR deSignation to the subject property. The proposal therefore satisfies the approval criterion of SDC Section 5.22-115 C (I). SDC Section 5 22-115 C (2) 4 Criterion ,2: Consistency with applicable Refinement Plans, Plan District maps, Conceptual Development Plans and functional plans; and Finding #1 0: There are no Refinement Plans, Plan District maps, or Conceptual Development Plans for the subject property; Metro Plan designations establish the basIs for functional plans (transportation, public facIlities, etc.) In the metro area, thus zoning In accordance wIth the Metro Plan designation shall be consistent with the applicable functional plans. Conclusion #2: Staff finds that the proposal satisfies the approval criterion of SDC Section 5.22-115 C (2). SDC Section 5.22-115 C (3) Criterion 3: The property is presently provided with adequate public facilities, services and transportation networks to support the use, or these facilities, services; and transportation networks are planned to be provided concurrently with the development . of the pmperty. Finding #II: The subject property has approximately 255 feet of frontage on Main, a Major Arterial public street, which IS under the JUriSdiction of the State of Oregon Highway Department (OOO.O.T.) Finding #~12: Main Street IS fully Improved and the eXisting transportation systems provide access to the property. Specific access requirements WIll be addressed through the site plan review process when the applicant submits a redevelopment proposal. Finding #13: The City's Conceptual Street Map shows the current right-of-way and does not propose any future changes. Finding # 14: A public, 18-lnch stormwater line IS located In Main Street along the frontage of the sublect property. An 8-lnch public sanitary sewer IS located In the public alley right-of-way to the north of the subject property. - , Finding #15: The property IS served by Springfield Fire and Life Safety. Specific access to the site for fire and life safety vehicles IS currently adequate. Note: Future access for redevelopment Will be determined through the site plan review process. Finding #16: The site IS served by Springfield School District 19. Finding #17: The site IS within the Willamalane Parks and Recreation District. \ Finding #18: Traffic impacts of the proposed rezoning to MUR and future redevelopment proposals Will be reViewed at the time of site plan review. Finding #19: Lane Transit District (L TD) reViewed the application and found that the ( proposed zone change Will not affect eXisting transit service '\ Finding #20: Solid waste management service is available at the subject property. The CIty and Sanlpac have an exclUSive franchise arrangement for garbage service inSide the city limits. 5 Finding #21: The site receives police protection from the City of Springfield that IS consistent with service provision throughout the City and with service that IS now provided to adjacent properties. - Finding #22: Qwest and Comcast currently provide telephone and cable commUnication service In this area. There are also an array of wireless companies that provide commUnication services. The City has no exclUSive franchise arrangements with telecommUnication or wireless companies; the field IS competitive and therefore guarantees a Wide selection. Conclusion #3: The property is presently prOVided with adequate public facIlities, services and transportation networks to support the current use; therefore, the proposal satisfies the criterion at SDC Section 5.22-115 C3 as described herein. Note All future public and private improvement requirements and utility connection pOints Will be determined when the applicant submits a site plan revle~appllcatlon for redevelopment. SDC Section 5.22-115 C (4) Criterion 4: Legislative Zoning Map amendments that involve a Metro Plan Diagram amendment shall: (a) Meet the approval criteria specified in SDC Section 5.14-100; and (b) Comply with Oregon Administrative Rule (OAR) 660-0 12-0060, ~here applicable. Finding #23: As desCribed herein the applicant's request meets the approval criteria speCified In SDC Section 5.14-100. Finding #24: This City Sponsored Zonmg Map Amendment-Type'" application is a QuasI-Judicial Zoning Map amendment which affects a Single applicant's property; Involves the application of eXisting policy to a speCific factual setting; and, does' not reqUire a Metro Plan Diagram amendment. Conclusion #4: Staff finds that the proposal satisfies the approval criterion of SDC Section 5.22-115 C (2) as described herein. CONDITIONS OF APPROVAL: SDC Section 522-120. The Approval Authority may attach conditions as may be reasonably necessary to allow the Zoning Map amendment to be grant~d. Conclusion #4: RECOMMENDATION: Staff finds that the proposed Zonmg Map Amendment-Type III IS consistent With the criteria of SDC Section 5.22-115 as deSCribed herein. Staff recommends that the Planning CommisSion approve the requested Zonmg Map amendment Without additional conditions. .J 6 EXHIBIT A METRO PLAN DIAGRAM MAP ...\~\p..L BLVD JTE\~ L...-r- - -..~ I,,~ - SUBJECT PROPERTY NEAR 10TH & MAIN STREET ...-/ '...~~ 1,_____ r. ~ - - L t::::::- C) Eugene-Springfield Metropolitan Area General Plan Plan Diagram (The intetpretation and pwpose of the Plan Di:tgram, and descriptiom of the land uses and s}IDbols showll, are cont:tined in ClIJlpter IT-G.) ,~".' Urban Growth Boundary D Low Density Residential D Ught Medium "dustrlal ~ AgrlclAture ,", " Metro Plan Boundary D ~ D ' .., Medium Denolty Residential Campus Industrial Forest Land /V RaDroad s 0 [J D Rural Residential Hgh Density Resldantlal - . University FWsearch /V RIve" and Ponds 0 D ~ Commercial Government and Education Rural Commercial Overtays: ~ Mixed U"" Areas 1m Ma/or Reta. c"nters . Parks and Open Spa.,., ~ Rural Industrial ~ Nodal Development Area D Heavy Indust,lal D Natural Resource ~ Airport Reserve o WiIIamelte Greenway ~ Special Heavy Industrial D Sand and Gravel ~ Vicinity map is not to scale -I ~ NORTH . . t f 10th Street and includes four tax lots addressed as ~~~ie~~i~~~:t:sl~;2 ~ain Street, 1082 Main Street and 1096 Main Street EMiusIT C . . '. 823341A Legal Description PARC[L I. . Rt1JI"ftinlJ It , pIJ'nt "'tch Is 1&0 fn' h'lt of . po'''' thft It J4.S7 'Nt South 40e 40' [ait f..... a ..tAt 10S.2 feet IIorth of \be Sovthwst., . of '.he P'tll BI".tt.,,, Donat'o" t..nd C"'. 110. f3, 'ft TOWtsMp 11 South, laftCJe 3 West of t~. v, 11.-ette Merldi,n. rur.n1.., lhece E.st 60 feet! ~e or lesl. to the IIIOd&llIlent tIIII'elt ....,ks thl Sout_1t cora,.. .f 'loct Jo. 1 0' ...ltalnl ^ddlttoft to Sprhl'gffeld. L.1It! ~vnty, OregDft, Mfa" IIlllI MI' '.CoIt....i thence Ilorth 191.3 feati t.,.ncl WIest &0 feet. IIOrt or less to I potnt due Jlarth Of the hegfMln, potnt; thence SovUt 19&.3 1.et to the plac:t Df beglnn'ng, 'ft to,ne Coullty. Oregan" UCEPTlNG t.he,..fl"Oll tJ\at pOrt'on of tit. above descMbed prelllises f nclvded in "hat certa'n deed "'.....n Paul Hadley 'M Peal"l HadlQ'. husband and wffe, tie'" Grantors alKI the T01III of Springf..,d. .as grant,.. rlglstfrtd 1n Volume 14, 'Iae 480. of the Certificate of Alt'lttrtd Tftles. bei rtg InstUllltllt Ko. 8414. 17-03-35-411L 4700 (LT-1232 PMCEl 11. B'giM'ng It I polDt 4tO feet t.ut end 1Ot.9 fHt North of & pOtnt Uait is . 94.51 feet. South 4Q. 40 I [lit froIt . pofnt J'05.2 flit IIortIt " tilt $out....st corner qf the Paul ,...tt,ln Doutt on wild Chi. ffa. 63. 1n Townsb1l1 11 Soatb. ~aftge 3 ~est 0' the Wtl1,..tte Mertd'an. in Lint CauntI. OrIgon, and runn1n, thence South plY'll1ll N1th tt1e East 11n. of rentll Street 20'.' feet. IIOrt or IfSS to the Martb line of Hltn St....t tn Sprfngfi.,d LIftI Coun~. Orvgan. thence Easterly ,IOftg the NDrth l1nt of Main Street 60 feet; thence North par.ll,l whit tht [1St Hne of TentJl.Street no.! feet. IIIOre 0.. 1"5. to I flaint 60 feet hst of the beg'nn'ng point. IlId thence West GO feet to t"e phce or betl""lng.. tlaPTlNG ntEJt!:F1t(I" ttlat certain tract. Ctlnveyed by ^ndrw J. Waffle Iftd Stella "' Wa1fll, tIlIBlnd Iftd wlfll to City Of Springffeld. a ftfnleipll co,porat10n. b11nstNlllnt. recprdtd October ll, 1140. fn Lane County Oregon Deed Reeo",s. uftd.... RaconSer's lteceptkn No. J8967.17-03-35-411L 4600 . PAlCEL lit. St",.n1", at . po111t Oft the South lint of the III ~ running Ent alld West between MIItn Street Ind .A. Str"t 225 'let tlSt 0' the Ent 11na af Tenth $trwet In Springfield, Lane Cau~. OrtfOft, .nd running thtnct t.st Oft th. South lln. of sltd al,., 7S f..t;.thencI South parallel ~th the tast 'fftl of Tent.h Street 168.00 feet, IIDrt or less, to the Northltnt Of Mltn St.reetl thence ~stlrl1 on the north 11ne 0' Slid "'In Street 75 plus flit ta-. point I . 'lieU", 225 'eet t..t of thl tlSt 11M af Tlnth Strvet If ..tended Southl1"'1~ th,nee Rorttr n'.os ,..t. .ort Of' lal. 1M parll1tl with the hit Ih.. of ,Ttflth Strlll to tM placl Of blvinntnv. In Lint Call11\1. Oregan.17-03-35-411L 4900 PARCEL IV. . legbnf", It . point on u.. South 11ne of the Inl1 ".1II1ng tilt IftCI Wlst betweln MI,. St"ft and eA- SCnd and 300 'lit Ell' I' tit. t'lt 'lht' of Ttftt!l St....t III .,.U.lnl, Mellttal to S,rtngf'.I.. in l_ Countl. l.ftICIn, IS phttd Iftlt l"tCorded tn YolU11li1 '. Plge I, llfte County Onton '"t leaordl, runntng the net East 60 f"t; thencl Sautla ISO f,lt. IIGre or less. to the' 'Ion" 11n. a' "'In St....t/ thence V.surl)' 110'" the JIorth l1n. of ...." St1"ttt to I . fo'nt. due South Of ~1l. point of beginning; thence North 170 het. 1110,.. ur .11, to tit, paInt 0' "t'nn1ng. In Lane eo"n\y. Or.gon. 17-03-35-411L4800 ~," '..... . "I.. ,l1li. II ,I I!,.I ~. I., 1 II ._ iii. ,;,1, ~ I oIiI III.... !..~IIiI...li.-.hlh, 11111 ~. 1ii...II~...i liLllilil J.il~ CITY OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT 225 5th ST SPRINGFIELD, OR 97477 _I" ~,;!!llI ~jli,.."Io""".'o.lI""" ._IIIII...~.'II,II. .1,...,_J.I;;;,I.....,~;;lIol.......~.........II.,.i~..I_..IilIi....:."'. Gary Cornelius PO Box 11083 Eugene, Oregon 97401 CITY OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT 225 5th ST SPRINGFIELD, OR 97477 Brethren Community Services Springfield Church of Brethren 1072 Main Street Springfield, Oregon 97477 Attention: Patricia Wright