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HomeMy WebLinkAboutOrdinance 5851 04/07/1997 C1 t. . ORDINANCE NO. 5851 (SPECIAL) AN ORDINANCE APPROVING AN AMENDMENT OF THE METRO PLAN, CHANGING THE PLAN DESIGNATION FROM HEAVY INDUSTRIAl- TO LIGHT MEDIUM INDUSTRIAL FOR A PORTION OF TAX LOT 1800, MAP NUMBER 17-0~30, IN THE CITY OF SPRINGFIELD. ~\~.O\P THE CITY OF SPRINGFIELD FINDS THAT: \0' 1 . The proposed amendment is consistent with applicable criteria of the Springfield Development Code, Metropolitan, Area Plan, and applicable state statutes and statewide goals. 2. The Springfield Planning Commission held a public hearing on February 19, 1997 and unanimously recommended approval, 6-0. 3. The Springfield City Council held a public hearing on March 17, 1997 on the proposed amendment. 4. Findings in support of the approval of this amendment to the Metro Plan diagram are set forth in "Exhibit A" attached hereto, and incorporated herein by reference. NOW, THEREFORE, THE CITY OF SPRINGFIELD DOES ORDAIN, AS FOLLOWS: . Section 1: The findings set forth above and the findings contained in "Exhibit A" attached hereto are adopted, and incorporated by reference. Section 2: The diagram amendment is hereby approved, and the diagram is hereby amended in "Exhibit B" attached hereto. Section 3: If any section or provision of this ordinance is found to be invalid, improperly adopted or adopted without supporting findings and evidence, such findings of invalidity shall not invalidate or otherwise affect the remaining portions of this ordinance. ADOPTED by the Common Council of the City of Springfield this 7th day of April, 1997, by a vote of ~ for and ~ against. APPROVED by the Mayor of the City of Springfield this 7th day of April, 1997. ATTEST: ~l~ ~~ y Recorder ~ Mayor . ORDINANCE Page 1 REVIEWED & APPROVED ~~~.1:J' . DATE: ~.J ~ OFFICE OF CITY ATTORNEY . . . Attachment A Staff Report and Findings Applicant Allan Pierce (CCIMDR/CI Change), City of Springfield (HI to LMI Metro Plan Diagram Change) Request Allan Pierce is requesting a change on a portion of this site from Community Commercial (CC) to Medium Density Residential (MDR) and Campus Industrial (CI) to Community Commercial of 1.28 acres. The sites are located on a large, partially developed track of land know collectively as the "Pierce Property". Due to the acreage of the proposed changes the inventories of commercial, residential and industrial lands are minimally affected. The proposal effectively re-shapes the CC portion ofthe site to a square area rather than a rectangle. The requested to change a portion of the site from Heavy Industrial to Light Medium Industrial (LMI) is located east of the 28th Street connector. This triangular shaped parcel was essentially created when the 28th Street connector was re-aligned. This 11.5 parcel was proposed to be changed from HI to LMI as a result of discussion by Springfield City Council at a previous public hearing in which they directed staffto initiate the process necessary to effect this change. Specific areas of the proposed zone changes and metro plan amendments are shown on the attached maps. The maps describe the location of the changes on the site, natural features and surrounding land uses. Site Characteristics The properties proposed for redesignation and rezoning are located east of the 28th Street connector and west ofthe existing commercial development and are identified by Assessor's maps: 17-03-25-11, Tax Lot 2300 and a portion of 17-02-30, Tax Lot 1800. The above mentioned tax lots are vacant except for an industrial use located on tax lot 2300. The entire site is roughly flat. The site is traversed by the Eugene Water and Electric Board right of way and a ditch which runs in an east west direction through the site before turning south at the westerly edge of the site. , Adjacent to the site are developed single-family residential neighborhoods to the north, east and south along Marcola Road. The site is bordered by a large shopping center, Mohawk Market Place to the west. Kingsford Charcoal plant, a heavy industrial use is located to the southeast. Background and Discussion The City is initiating Metro Plan amendment for a portion of Tax Lot 1800 located on Map 17-03- 30 from Heavy Industrial to Light Medium Industrial. City Council had instructed staff on May, 15, 1995 to initiate this change; A discussion of the reasons for this request stem from testimony at a previous public hearing on a zone changel metro plan amendment on this site. At that time the request was being considered to eliminate inconsistencies found on the site and make it development ready. These actions are in keeping with the City Council objectives of facilitating industrial development within the Springfield City limits. Review Process and Notification The proposed Metro Plan Amendment and zone changes are being processed concurrently. All property is located within Springfield City limits therefore the City of Eugene and Lane County do not hear or adopt the proposed amendments, As a courtesy these amendments were forwarded to Lane County and the City of Eugene for consideration, The City of Eugene or Lane County may comment on this proposal during the public hearing process. All adjacent property owners and residents within 300 feet of the proposed area received notification of the impending change. To date no written comments have been received from others jurisdictions or residents. . Criteria of Approval and Findings Metro Plan Amendments In accordance with Metro Plan Policies and the Springfield Development Code (SDC) section 7.030(3), the following criteria shall be applied in approving or denying Metro Plan Amendment applications: (a) The amendment must be consistent with the relevant statewide planning goals adopted by the Land Conservation and Development Commission (LCDC); and (b) Adoption of the amendment must not make the Metro Plan internally inconsistent. Criterion (a): Consistency with Statewide Planning Goals. Goal 9: Economic Development. "To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare and prosperity of Oregon's citizens." Specific provisions of the goal require comprehensive plans, such as the Metro Plan to: "Provide for at least an adequate supply of sites of suitable sizes, types, locations, and service levels for a variety of industrial and commercial uses consistent with plan policies"; and "Limit uses on or near sites zoned for specific industrial or commercial uses to those which are compatible with proposed uses." The proposed change in the area located east of the 28th Street connector from Heavy Industrial (HI) to Light Medium Industrial (LMI) is directly relevant to Goal 9 although there is no net change in the total buildable industrial lands. Springfield participated in and adopted the Metropolitan Industrial Lands Policy Report (ILPR) and an Inventory Report in 1993, which included an up-dated supply and demand analysis and an inventory which found that the vacant buildable lands (3,600 acres) exceeded the twenty year demand projection (650 to 1,172 acres) by 2,428 to 2,950 acres. Of the available industrial land, the ILPR found that about 40% of the buildable acres are designated LMI, 28% are designated CI, and 26% are designated HI or SHI. Because the industrial lands inventory indicates a long-tenn surplus of available lands in all industrial categories, the proposal would have minimal effects on the change of one type of industrial zoning to another including the relatively small overall increase in LMI lands (11.5). The ILPR report indicated that there is a long tenn surplus of all types of industrial lands. The reduction in CI lands due to the reconfiguration of the commercial portion of the site is minimal (1.28 acres). . . The net change in buildable commercial lands is zero based on the proposed equal increase/decrease of commercial lands. A corresponding increase in MDR land results from this request to reconfigure the shape of the commercial portion of the site (1.28 acres). ' Findings: 1. The ILPR and Inventory Report, 1993, which ensures Metro Plan consistency with Goal 9, demonstrates that the Eugene-Springfield metropolitan area has a long tenn surplus of all types of available industrial lands. 3 A.z.. . . . 2. The proposed redesignation ofCC from LMI lands has minimal impact on either commercial or industrial buildable lands due the fact that there is such a small net change in the total acreage (1.28 acres). Goal}}: Public Facilities and Services. The stated purpose of Goal II is: "To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development." The goal further states that: "Urban and rural development shall be guided and supported by types and levels of urban and rural public facilities and services appropriate for, but not limited to, the needs and requirements of the urban, urbanizable, and rural areas to be served." The goal specifically refers to urban services facilities and services as: "appropriate types and levels of at least the following: police protection, sanitary facilities; storm drainage facilities; planning; zoning and subdivision control..." Discussion: The entire site is located within the city limits and can be provided with appropriate levels of urban facilities and services. The entire undeveloped portion of the site which includes the commercial and industrial areas can be provide with sanitary and storm sewer improvements irrespective ofthe configuration ofthe zoning and metro plan designations of the site. Site improvements necessary to access city facilities and services can be made, and are the responsibility ofthe developer. More specific discussion of transportation facilities is found below under Goal 12- Transportation. A large drainage ditch, traversing the site from east to west is unaffected by the proposed zoning and redesignation proposals. The ditch must be incorporated into any site plan for development of an industrial or commercial site. Finding: 3. The proposed zone changes have no effect on the City's ability to provide public facilities for the development of these sites. Goal 12: Transportation. The stated purpose of Goal 12 is : "To provide and encourage a safe, convenient and economic transportation system." The goal requires a transportation plan that meets numerous provisions of the Goal. Discussion: The Eugene-Springfield Metropolitan Area Transportation Plan (TransPlan), 1986, is the adopted functional refinement of the Metro Plan that provides compliance with Goal 12 requirements. Specific TransPlan policies that apply directly to this proposal include: LUI. (Land Use Policy I). "Encourage land development patterns which minimize direct access onto collector and arterial roads." LUS, "Minimize the adverse impact of the automobile on local residential streets..." Implementation strategies for discouraging traffic in local residential streets include: "provision for adequate arterial and collector streets;..." Access to the site is currently provided to the site from Marcola Road and the 28th Street connector. Marcola Road is classified as a minor arterial street, SDC 32.020(4)(b). The 28th Street connector is classified as a collector street, SDC 32.020(4)(c). The City Traffic Engineer has determined that a future collector street.is necessary to serve this site. The location of this 4 A-3 . . . collector street must align with "V" Street and be located no closer that a distance of 1,200 feet from the intersection of 28th Street and Marcola Road. A more specific analysis of the site is necessary to determine the exact location of the east/west street serving this property which will be completed and submitted when a site plan is submitted for development on this site. At the time that TransPlan was adopted the collector street system was not developed in sufficient detail to be included in the plan. A Traffic Impact Study will be necessary as part of the Master Planning for this site or as part of any specific development proposal. The lack of inclusion on TransPlan does not impact this proposal and is not necessary for this proposal to be found consistent with Goal 12. Findings: 4. The proposal does not negatively affect the provision of safe and efficient transportation facilities for this site. 5. The proposal is consistent with applicable TransPlan policies and Goal 12. Goal 10: Housing. The stated purpose of Goal 10 is: "To provide for the housing needs of citizens ofthe state." The goal further states that: "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 consumerate with the financial capabilities of Oregon households and allow for flexibility of housing location, type and density. Discussion: The proposed change that includes increasing the MDR lands 1.28 acres. The net change in the overall inventory of MDR lands is an increase of 1.28 acres. The resulting change provide a buffer between the developed single family residential area located directly to the north and potential commercial development to the south. The area in question has diminished development potential to accommodate a commercial use due to the location of a sewer line a~d a corresponding easement (20 feet wide) within this area. ' Springfield participated in an update of the residential lands inventory which included a supply and demand analysis, which was completed in draft form in 1991 (Eugene-Springfield Metropolitan Area Residential Land Study). The study was never formally adopted but still provides useful information on the metro areas residential land supply. The RLS found that there is a demand for 1,340 to 1,440 acres ofMDR land in the Metro area, while the supply is estimated at 1,294 acres. The deficit ranges from 46 to 146 acres. Maintaining an adequate inventory of residential lands has been a mechanism for maintaining compliance with Goal 10. Although the small addition to the inventory probably has a minimal overall effect on the metro area wide residential land supply, none the less it decreases the overall deficit in the inventory ofMDR lands, Findings: 6. This proposal is consistent with Goal 10 because the addition of 1.28 acres of MDR to the inventory reduces the deficit in MDR lands in the Metro area. Criteria (b)- Ensuring Internal Consistency with the Metro Plan Discussion: 5 A-+ . . . The proposed Light Medium Industrial and Community Commercial realignment does not effect the designations mapped on the Metro Plan due the size and location ofthe proposed changes. The Metro Plan is a general area document that is not meant to be interpreted on a site specific basis. The smallest areas depicted on the Metro Plan are 5 acres therefore the realignment of the CC portion of the site has no effect on the Metro Plan Diagram. The proposed change is extremely minor and should be viewed as an interpretation of the general area diagram. The proposed change from HI to LMI requires changing the diagram designation. The parcel is physically separated from the CI portion of the site by the 28th Street connector and separated from the existing heavy industrial use to the south by Marcola Road. Due to the site's location and the nature of campus industrial uses it is not practical to develop the site for heavy industrial use. LMI is a more appropriate designation and buffer between the CI and HI uses. Findings: 7. The proposed Metro Plan amendment are consistent without the Metro Plan text, and therefore do not threaten the internal consistency of the plan. 8. No Metro Plan criteria have been compromised or ignored in justifying the appropriateness of the a particular land use designation. ZONE CHANGES In accordance with the SDC section 12.030, the following criteria shall be applied by the Planning Commission in approving or denying zone change applications, and the findings shall be adopted demonstrating: (1) Consistency with the Metro Plan Text and Diagram; (2) Consistency with applicable Refinement Plans, special study area studies and junctional plans; and (3) That the property can be served by the orderly and efficient extension of key urban facilities and services as pre,scribed in the Metro Plan prior to or in conjunction with development. 1) Consistency with the Metro Plan Text and Diagram. Discussion: Because of the general nature of the Metro Plan, the location of existing designations and the size of the proposed changes, the commercial realignment changes are considered to be consistent with the current diagram configuration and Metro Plan text. Relevant Metro Plan policies and staff analysis of the proposal's consistency are provided below. Residential Element Policy 30-- page /ll-A-7. "Encourage higher density residential development near industrial and commercial centers throughout the metropolitan area." The proposal affirms the location of the MDR development directly adjacent to commercial and future industrial centers, meeting the intent of this policy. Economic Element Policy 6-- page /ll-B-5. 6 - A-.5 . . . "Increase the amount of undeveloped land for light industrial and commercial uses correlating the effective supply in terms of suitability and availability with the projections of demand." The proposed zone changes directly implement this policy, by making the CC portion of the site more developable. Policy J 4--page lll-B-5. "Utilize processes and local controls which encourage retention of large parcels or consolidation of small parcels of industrially or commercially zoned land to facilitate their use or re-use in a comprehensive rather than a piecemeal fashion." SDC Section 21.030 requires that Conceptual Development Plans be approved for CI sites. This requirement provides for comprehensive rather than piecemeal planning for all proposed areas. Policy 2--page lll-E-3. "Natural vegetation, natural water features, and drainageways shall be protected and retained to the maximum extent practicable, considering the economic, social, environmental, and energy consequences in the design and construction of urban developments and landscaping shall be utilized to enhance those natural features." The drainage ditch that crosses the site is a perennial water feature that provides natural vegetation and habitat in addition to providing water quality enhancement, stormwater management and flood control functions. The ditch may also represent an opportunity for enhancement of a natural feature as the remainder of the vacant portions of the site develop. The ditch could be enhanced as a cost effective means of treating storm water run-off from impervious surface areas and will be addressed when site plans are submitted for development. Transportation Policy 2--page lll-F-5. "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 one another..." The subject property is located along arterial and collector streets, with easy access to transit facilities, and provides a mix of residential, commercial, and industrial development areas. The proposed zone changes implement land use designations that are fully consistent with the above policy. Specific street improvements and additional local access road or collector streets will be addressed through the conceptual development process and site plan review. Findings: 9. The proposed zone changes (CI to CC and CC to MDR) are consistent with the proposed Metro Plan designations for the site. 10. No Metro Plan (text) were identified that indicate that any or all of the proposed zone changes should not be approved. II. The drainageway and its natural vegetation can be addressed in the COP and the site plan revIew process, (2) Consisten~y with applicable Refinement Plans. special area studies and functional plans. Discussion! Findings: 7 A-tD 12. There are no applicable refinement plans or special studies that pertain to this area. 13. TransPlan (a functional Plan) is not relevant to the zone changes specifically, but will need to be amended to include a collector street to adequately serve the circulation needs of the site. Transportation issues will be addressed through the site plan and conceptual development review process. (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 or in conjunction with development. Discussion! Finding: 14. As noted above, urban services can be made available to serve the entire site in an orderly and efficient manner. Conclusions and Recommendation The proposed changes to the "Pierce Site" as depicted in the attached map is found to be in conformance with the criteria for both a zone change and Metro Plan Amendment. The proposed acreage's closely resemble the acreage's adopted in the 1982 Metro Plan Diagram. The proposal results in a 11.5 acre increase in LMI available lands and a corresponding decrease in ill lands. In addition, a 1.28 acre increase in MDR lands and a corresponding decrease in CI acreage results from the realignment of the commercial portion of the site. The proposal fulfills the property owners expressed interest as well as the City Council's direction to staff to complete a Metro Plan Diagram change in a portion of the site to LMI. Staff recommends approval of the findings contained herein by motion and adoption of the attached ordinance, The Planning Commission is requested to forward a recommendation to City Council on the requested Metro Plan Amendment and make a final decision on the proposed zone . changes. . . 8 A~1 . --- .. I. _ I I I I I , f METRO PLAN DIAGRAM CHANGE f-- )--t-- L I I l--- L ~ ~r---- --j'(- I " ~ ==r=l' I . I ""I'l"'-' - r I. _: C'- - j~ :- . y - I -'_.J - .-- - - -) . ~ 7) I . r- (- l--- ~ .10-'/ I 5- ~n~- - / p I I ~__ \. \, j ~ LD~ L---'--'" \ \ ;..1lE.E. p;"RK --- \ \ -I '\ i\J ~~\I ~' 1C - l~R 5 1 ,... ~ ~ ~ _I---.L) , .... ~ Q~ _ J -' ..J z f= U) ::J < -.J ~LJ -f-I- - :.- - . -:~ .... 9- H - - I .-J I- _ ---l '-- F) - =..-:...1- I _I II -r I I 1 c. _ - - -,) LDR I W ",COL: PT I ~ , l~ -- - COMMUN'TY COMMERC'AL '- , I I I I' I \' J ~ ,:;.."" ..... ':.A.- f'f Irt '"\.....,..".~ W/I I--- - \ I _ " ,,',' ,,.'1 RE.S\OE.N"\~\... N\E.O\\JN\ oE.NS\ . ,- . --=..-"---_...., JO. NO. 96-10-208 , UlTT1 - ...1 I ' - ~ ,p\...O /pOS . - ,. ( ~...... . .'-.;: ~ ~ I ~t2ili1 to ~., ~ .' r- y ..~ ~ ~ u V-' I .C1TY,L1tv1ITS ~ I .1 ~ ~ 1 I I I 111 ~ I --- -- ...... 1/ -,,:--rr T~ Area to be changed I D '>-~ '.. 1" /11 F(I NOUS1'R\p..\.. Vj 1 CI\.~\>\lS \ .:: .:. Heavy Industrial... to light Medium =:; k''''' .-!!]dpstria' .... ~ n :r . -' ." ,- - . ',' . ~ I I ~ I J >-- I ~ N 3 (0 ~ .... -:. - ~..- -- - ,~v ~~ ~ 1- 10001 D:J - i- cy) . ~~ "=". ' Page 1 of2 SOWA Amy . From: Lorelei Kyllonen [LLK@haroldleahy.com] Sent: Tuesday, October 17, 2006 11: 17 AM To: SOWA Amy; JONES Brenda Subject: Memo from Joe Leahy (Brenda we will return your file) MEMORANDUM OFFICE OF CITY AITORNEY "SENT VIA EMAIL" DATE: October17,2006 TO: Amy Sowa, City Recorder Brenda Jones, Planning Secretary FROM: Joseph J, Leahy Office of City Attorney SUBJECT: Correction of Typographical Error to Ordinance No. 5851 Ms. Sowa and Ms. Jones: I have reviewed Ordinance No. 5851 (Special) adopted by the Common Council of the City of Springfield and approved by the Mayor of the City of Springfield on April 7, 1997. . The Ordinance has a typographical error which is evident on its face. The reference in the caption should be to Tax Lot 1800, Map No. 17-02-30. Specifically, the reference should be as follows: "AN ORDINANCE APPROVING AN AMENDMENT OF THE METRO PLAN, CHANGING THE PLAN DESIGNATION FROM HEAVY INDUSTRIAL TO LIGHT MEDIUM INDUSTRIAL FOR A PORTION OF TAX LOT 1800, 17-02-30, IN THE CITY OF SPRINGFIELD." The correct map identification number for Tax Lot 1800 is described under "Site Characteristics" on Page 1 of the Staff Report and Findings present before the Council at the time of adoption of the Ordinance. Part of that Staff Report was the map identified as Metro Plan Diagram Change, Journal No. 96-10-208. An examination of Journal File No. 96-10-208 in the official files of the City of Springfield Development Service Division readily indicate that the correct Map Identification and Tax Lot No. is 17-02-30, Tax Lot 1800. Further, an examination of the official Assessment and Taxation Map of Lane County, Oregon readily indicates the correct Map Identification No. is 17-02-30, Tax Lot 1800. Finally, a review by Greg Mott, Planning Manager, City of Springfield, reveals that utilization of the incorrect Map Identification No. (17-03-30) results in real property located near Valley River Center in Eugene, Oregon, not within the jurisdiction of the City of Springfield. Accordingly, please change the caption of Ordinance No. 5851 to remedy this typographical error as set forth in the indented paragraph above. Thank you for your attention to this matter. . JJL:llk cc: Greg Mott 10/1 7/2006 . . . Page 2 of2 ******************************************************************************************** This e-mail is for the sole use of the intended recipient(s) and contains information belonging to Harold, Leahy and Kieran which is confidential andlor legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or taking of any action in reliance on the contents of this e- mail information is strictly prohibited. If you have received this e-mail in error, please immediately notify the sender by reply e-mail and destroy all copies of the original message. 10/17/2006