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Home My WebLink AboutPermit Miscellaneous 1983-11-8 (2) - .. / . . HZC 83-049 November 8, 1983 Agenda Item #2 Page 1 of 3 , .' lANE COUNTY HEARINGS OFFICER DECISION DENYING A REQUEST TO REZONE FROM SUBURBAN RESIDENTIAL/INTERIM URBANIZING COMBINING (RAlU) DISTRICT TO RESIDENTIAL PROFESSIONAL (RP) DISTRICT (CONTESTED) ~ Application Summary Leon Keefe (Greg Brashnyk, agent) (HZC 83-049), 2255 Laura Street, Springfield, OR 97477, Assessors Map 17-03-27-10, Tax Lot 1300. The applicant requests a zone change from Suburban Residential/Interim Urbanizing Combining (RA/U) District to Residential Professional (RP) District to allow a professional office center. The City of Springfield opposes the application, Hearing Date: September 29, 1983; continued until October 27, 1983 Decision Date: November 8, 1983 Appeal Deadline: November 18, 1983 lane County Board of Commissioners November 29, 1983 Oregon land Use Board of Appeals Statement of Criteria and Standards Eugene-Springfield Metropolitan Area General Plan Lane Code 10,122 (/U) Land Code 10,150 (RP) Lane Code 10.315 Facts Relied Upon (Findings) 1. The property subject to this rezoning application, hereinafter referred to as 'the property', is located at 2255 Laura Street, Springfield, OR and can be identified as Tax Lot 1300, Assessors Map 17-03-27-10. 2, The property is developed with a single-family dwelling and is 2,26 acres in size. 3, Properties to the north and south are zoned RA/U, Properties on the opposite side of Laura Street are RH, high density apartments, and are within the City of Springfield. The City of Springfield surrounds the property to the west, south and east, 4, The property receives its services from the following entities: Fire Police Water Electricitv Park - City of Springfield - County Sheriff and Oregon State Police - Rainbow Water District - Springfield Utility Board - Willamalane Park District - .. .' ; . . HZC 83-049 November 8, 1983 Agenda Item 112 Page 2 of 3 5, The property has an on-site subsurface disposal system for sewerage. 6. The City of Springfield has indicated that it is willing to annex and provide sewer service to the property. 7, The property owner and the City of Springfield have not entered a consentual annexation agreement. Decision REQUEST FOR REZONING FRON SUBURBAN RESIDENTIAL/INTERIH URBANIZING CONBINING DISTRICT TO RESIDENTIAL PROFESSIONAL DISTRICT IS DENIED, Justification for Decisions (Conclusions) The Eugene-Springfield Netropolitan General Plan (Netro Plan) Diagram graphically depicts the property being located within an area where three plan designations occur; commercial, low density residential, and medium density residential. No conclusive evidence exists as to which of these designations applies to the property, although the medium density designation, which extends south of the commercially designated node, is consistent with existing land uses across Laura Street from the property, This would be an indication that the property is located below and outside of the commercial node shown on the Plan Diagram, The Metro Plan has a built in and explicit bias that urban development will take place within incorporated cities (Metro Plan. General Assumption 1/8, page 1-8) and that Lane County is the steward of the lands within the urban growth boundary until annexation, The Interim Urbanizing Combining District suffex applied to the property's zoning is a very clear indication of this point, Indeed, Lane Code 10,122-35 indicates that the IU suffex is applied to urbanizable, properties designated for residential use by the Metro Plan, This is another indication that the property is not designated for commercial use by the Plan Diagram, Metro Plan Growth Nanagement and the Urban Service Area Policies 113 and 117 (pages II-B-3 and 4) are relevant to this request, These policies mandate that Lane County discourage urban development in urbanizable areas and demand that conversion of lands from urbanizable to urban be accomplished only through annexation which shall occur when a minimum level of key urban facilities and services can be provided to an area in an orderly and efficient manner. The property has every minimum urban service except sanitary sewers, which only the City of Springfield can provide and is surrounded on three side by the City of Springfield, Further, the City of Springfield is willing to provide the property with sanitary sewer service upon annexation, The applicant has the burden on demonstrating that the requested rezoning is in conformance with the Metro Plan, No substantial evidence has been provided to indicate either that the Metro Plan designates the property for commercial use or that an intensification of land use, without a demonstration of imminent annexation (and acquisition of the key minimum urban service of sanitary sewers). is consistent with the Metro Plan's urbanization policies, .; ..- :~~~; ..,: ~. - ~ , ' . . HZC 83-049 November 8, 1983 Agenda Item (12 Page 3 of 3 Absent a showing of both of the above, the applicant has not, met the burden of proof demonstrating compliance with the Metro Plan. This conclusion is based upon the previous recitation of applicable Metro Plan policies and the following above-listed findings of fact: (11-(17. Respectfully submitted, c:;.' o! ()~~ G~L. Darnielle Hearings Officer GLD:jwjCDTA6 ,,' .. . CERTIFTC^TT.ON OF M^lLTNC . . THIS IS TO CERTIFY that I, Mary C, Rissberger served notice of the proceedings to be held before the Lane County Hearings Official in the matter of an appeal of a Plnnnlng Commlssloll denlnl of a rezone request 1.nitinted by ~/? ~,A __ ,~~ by maIling a copy of the attached ~O 'ICE OF Pi/hLIC HE^RING to each ol the persons listed on the attached sheet, who appear as record owners of real propertyw1.thin at least 300 feet of the property descr1.bed 1.n the said NOTICE OF PUBLIC HEARINGS, by placing said notH1.cat1.on in envelopes addressed to each of said persons and delivering said envelopes 1.n .e,erson to the Main Post Office (5th and Willamette) in Eugene, on the Y'~ day of \I\01l'elIl\[)o.~', 1983. \. //p7~~~ Mary, C. RissbergetfLand Management "'. .__......\.!<. .,":"--.....~"i... " ( ~ . .... ... . . . November 9, 1983 Leon Keefe 2255 Laura Street Springfield. OR 97477 Dear Mr. Keefe: This is your notification tlult the Hearings Official Iuls reached a decision regarding application HZC 83-049. You will find a copy of tlult decision attached for your reference. I Iulve also included an application for appeal for your use, if necessary. If you Iulve any questions, 'or if I can be of further assistance, please feel free to contact me at 687-3772. Sincerely. Candice Hart, Land Use Hearings Clerk Attachments - .. . . November 9. 1983 Greg Brashnyk 1430 Mohawk Blvd, Springfield. OR 97477 Dear Mr. Brashnyk: I This is your notification that the Hearings Official has reached a decision regarding application HZC 83-049. You will find a copy of that decision attached for your reference. I have also included an application for appeal for your use. if necessary. , I If you have any questions. or if I can be of further assistance. please feel free to contact me at 687-3772. Sincerely, Candice Hart. Land Use Hearings Clerk Attachments - .. . . November 9. 1983 M= Elliott 2186 Laura St. Springfield, OR 97477 Dear Mr. Elliott: This is your notification that the Hearings Official has reached a decision regarding application HZC 83-049, You will find a copy of that decision attached for your reference. 1 have also included an application for appeal for your use. if necessary. If you have any questions. or if 1 can be of further assistance. please feel free to contact me at 687-3772. Sincerely. Candice Hart. Land Use Hearings Clerk Attachments