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HomeMy WebLinkAboutOrdinance 6067 11/03/2003 ORDINANCE NO. 6067 . AN ORDINANCE AMENDING ARTICLE 40 OF THE SPRINGFIELD DEVELOPMENT CODE TO ADD DOWNTOWN AUTOMOBILE AND LIGHT-TRUCK DEALERS IN EXIS- TANCE AS OF JUNE 3, 2002, TO THE LIST OF PERMITTED USES IN THE MIXED-USE COMMERCIAL ZONE; AND ADOPTING A SEVERABILITY CLAUSE. . WHEREAS, The Eugene-Springfield Metropolitan Area General Plan is the basic guid- ing land use policy document for the City of Springfield; and WHEREAS, The "Purpose" section of the Metro Plan describes it as a framework plan and it is intended that more detailed refinement plans, programs, and policies should supplement the Metro Plan (E. Relationship to Other Plans and Policies, page 1-5, Metro Plan); and WHEREAS, Springfield's various neighborhood refinement plans, including the Spring- field Downtown Refinement Plan are adopted supplements to the Metro Plan, and are authorita- tive in stating the land use policies that will guide development in the City; and WHEREAS, The Springfield Development Code was adopted in May 1986 and revised in March 1998, to ensure that development within the planning jurisdiction of the City of Spring- field is of a proper type, design and location; and WHEREAS, The Springfield Development Code implements the planning policies and land use designations set forth in the Eugene-Springfield Metro Area General Plan; and . WHEREAS, the current Springfield Development Code, adopted in 1987 and amended in 1992 and 2000, is in need of modification to reflect changes in State law and local public fa- cilities and services needs; and WHEREAS, Article 8 of the Springfield Development Code sets forth procedures for amendments of the Development Code text and those procedures were followed; and WHEREAS, on September 16, 2003 the Springfield Planning Commission unanimously approved a resolution recommending approval of the proposed amendment of Article 40- Mixed-Use Zoning District; WHEREAS, the Springfield Ci,ty Council has conducted a public hearing on October 6, 2003 and having considered the matter in regular session on that date, is now ready to take action based upon the above recommendations and the evidence and testimony already in the record as well as the evidence and testimony presented at the public hearing held in the matter of adopting the amendment to the Springfield Development Code adding NOW, THEREFORE, THE CITY OF SPRINGFIELD, ORDAINS AS FOLLOWS: . Section 1. Article 40-Mixed-Use Zoning District, Section 40.020, "Schedule Of Use Categories," is hereby amended in Subsection 3, "Automotive, Marine And Mobile/Manufactured Home Sales, Service, Storage And Repair," by the addition of "(d) Operation, maintenance, re- pair, expansion, and replacement of automobile, light truck sales, new and used, including acces- sory repair garages, parts, and accessory sales on land where such uses lawfully existed as of June 3,2002, owned, leased, and controlled by a single entity," as a permitted use within the Mixed- Use Zoning District (MUC), but only in the Downtown Mixed-Use Area of the Downtown Re- finement Plan. These changes are shown in italics as follows: ORDINANCE NO. 6067 PAGE 1 OF 3 40.020 SCHEDULE OF USE CATEGORIES . Districts Categories/Uses MUC MUE MUR (3) Automotive, Marine And Mobile/Manufactured Home Sales, Service, Stora2:e And Repair: - P - (a) Garage, repair S P S (b) Parking lots and parking structures (Section 40.100 (b )(1-2)) - P - (c) Tires, batteries and accessories p - - (d) Operation, maintenance, repair, expansion, and replacement of (only in automobile, light truck sales, new and used, including accessOlY repair Down- garages, parts, and accessory sales on land where such uses laufully town existed as of June 3, 2002, owned, leased, and controlled by a single Mixed-use entity. area) Section 2. Article 40-Mixed-Use Zoning District, Section 40.110, "Specific Development Standards For Mixed-Use Districts," is hereby amended in Subsection 1, Mixed-Use Develop- ment Standards," by adding to "(c) Minimum Floor Area Ratio," the following language: "Excep- tion: Existing auto and truck dealerships in the Downtown Mixed-Use area (See 40.020(3)(d)) are exempt from the minimum floor area ratio requirement." These changes are shown in italics as follows: . 40.110 SPECIFIC DEVELOPMENT STANDARDS FOR MIXED-USE DISTRICTS (1) MUC Development Standards. (c) Minimum Floor Area Ratio. A minimum floor area ratio (FAR) of.40 shall be required for all new development or redevelopment in the MUC District. FARis defined for this purpose as the amount of gross floor area of all build- ings and structures on the building lot divided by the total lot area. Excep- tion: Existing auto and truck dealerships in the Downtown Mixed-Use area (See 40.020(3)(d)) are exemptfrom the minimum floor area ratio require- men t. Section 3. If any section, subsection, sentence, clause, phrase or portion of this Ordi- nance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. FURTHER, although not part of this Ordinance, the Springfield City Council adopts the findings set forth in the Staff Report which demonstrate conformance of this amendment to the Metro Plan, applicable State statutes and applicable State-wide Planning Goals and Administra- tive Rules, and is attached as ExhibitA. . ORDINANCE NO. 6067 PAGE 2 OF 3 . . . ADOPTED by the Common Council of the City of Springfield this 3rd day of November , 200~ by a vote of -L for and ~ against. APPROVED by the Mayor of the City of Springfield this 3rd day of November " .. fi? c/ /L-- REVIEWED & ApPP0VED AS TO FORM \ ~ ".lo_>'f"~ \'.~..J ~ DATE: )0 l...~_12_QJ3_ OFFICE OF CITY ATTORNEv ATTEST: City Reco~ c1y~ (' ORDINANCE NO. PAGE 3 OF 3 ,200l EXHIBIT A . City Of Springfield Development Services Department October 6, 2003 Staff Report . Applicant: Journal No. Lithia Motors Inc. LRP2003-00009 360 E. Jackson St. Medford, OR 97501 Request: Consultant: To amend the text of the Springfield Development Code, adding Douglas M. Dupriest, Atty. "Operation, maintenance, repair, expansion, and replacement of Suite 200 lawfully existing auto and truck dealers, new and used, including 777 High Street accessory repair garages, parts and accessories sales as of June 3, Eugene, OR 97401 2002, located on real property owned, leased or controlled by a single entity" to the Schedule of Use Categories found in Section 40.020 (3) (Mixed-Use Zoning District). The change applies to the Mixed-Use Commercial zone, and only within the Downtown Mixed-Use area of the Springfield Downtown Refinement Plan. The request also exempts these dealerships from the .40 minimum floor area ratio (FAR) standard as described in Section 40.110 (l)(c). I. Executive Summary The proposed text amendment to the Springfield Development Code (SDC) will allow the continued operation and expansion of existing auto dealerships located within the Downtown Refinement Plan area. The changes add auto dealerships to the list of allowed uses in the Mixed- Use Commercial zone for the Downtown Refinement Plan area. only, and exempt them from the Floor Area Ratio (FAR) standard for development in mixed-use commercial areas. It is anticipated that significant portions of the Downtown area will be rezoned to Mixed-Use Commercial in the near future, in accord with the Springfield Downtown Refinement Plan. The text change does not allow the establishment of new auto dealerships in the Downtown Mixed- Use area, but allows those established before June 3, 2000 to continue and ifneeded, remodel or expand their operations. A public hearing on the code amendment was held before the Planning Commission on September 16,2003. The Planning Commission recommended clarifying changes to the language of the amendment and voted to recommend Council approval of the proposal as amended. The applicant was present at the hearing and is in agreement with the changes to their proposal recommended by the Commission. . Jo. No. LRP2003-00009 Text Amendment to Article 40 of the SDC October 6, 2003 1 . II. Procedural Requirements Procedural requirements for processing text amendments to the SDC are described in Article 8 and Article 14. Article 8 indicates that the Planning Director, Planning Commission, City Councilor a resident of the City can initiate amendments to the SDC. Such amendments are reviewed under a "Type IV" procedure and require public hearings before the Planning Commission and the City Council. Type IV procedures are detailed in Article 3.1 00 of the SDC. In this case, the proposed revision to the SDC is being initiated by the applicant, Lithia Motors Inc. Article 14.030 (2) requires that legislative land use decisions be advertised in a newspaper of general circulation, providing infonnation about the legislative action and the time, place and location of the hearing. Findings: . 1. Lithia Motors has initiated this proposal to amend the text of the Springfield Development Code, to add "Operation, maintenance, repair, expansion, and replacement of lawfully existing auto and truck dealers, new and used, including accessory repair garages, parts and accessories sales as of June 3, 2000, located on real property owned, leased or controlled by a single entity" to the Schedule of Use Categories found in Section 40.020 (3) (Mixed-Use Commercial Zoning District). The change applies to the Mixed-Use Commercial zone, and only within the Downtown Refinement Plan area. The request also exempts these dealerships from the minimum floor area ratio (FAR) standard as described in Section 40.110 (1)(c). 2. A "DLCD Notice Proposed Amendment" was mailed to the Department of Land Conservation and Development on April 18, 2003, alerting the agency to the proposal to amend the SDC. The notice is generally required to be mailed to DLCD 45 days in advance of the first evidentiary hearing. ORS 197.610 (2) waives this requirement under emergency circumstances. The City has not requested that the proposed amendment be considered under this emergency provision. . 3. Notice ofthe public hearing concerning this matter was published on September 5,2003 in the Springfield News, advertising both the hearing before the Springfield Planning Commission on September 16th and the City Council on October 6th. The content of the notice followed the direction given in Section 14.030 (2) ofthe SDC for legislative actions. 4. Mailed notice of the public hearings concerning the matter was sent to property owners and residents living within 100 feet ofthe applicant's property on September 5,2003. . Jo. No. LRP2003-00009 Text Amendment to Article 40 of the SDC October 6, 2003 2 . Conclusion: Procedural requirements described in Article 8 and Article 14 of the SDC have been followed. Notice requirements established by DLCD for amending the Development Code have also been followed. IV. Decision Criteria and Findings Article 8 describes the criteria to be used in approving an amendment to the SDC. It states that in reaching a decision, the Planning Commission and the City Council must adopt findings which demonstrate confonnance with "1) the Metro Plan; 2) applicable State statutes; and to 3) applicable State-wide Planning Goals and Administrative Rules. " Criterion #1 "Conformance with the Metro Plan" Findings . 5. The Eugene-Springfield Metropolitan Area General Plan is the basic guiding land use policy document for the City of Springfield. The "Purpose" section of the Metro Plan describes it as a framework plan. It is intended that more detailed Refinement Plans, programs, and policies should supplement the Metro Plan (E. Relationship to Other Plans and Policies, page 1-5, Metro Plan). 6. The Springfield Downtown Refinement Plan was adopted in 1986 as a supplement to the Metro Plan. The Plan designates intended land uses in the Downtown area and provides commentary on the character of future development in the area. 7. The Downtown Refinement Plan designates most of the Downtown area for mixed-use development. At the time the Refinement Plan was adopted, the part designated "Downtown Mixed-Use" included auto and truck dealerships. 8. The Land Use Element on page 11 of the Downtown Refinement Plan specifies policies that apply to future development in the Downtown Mixed-Use area. The policies focus on landscaping, facade improvements, and the allowance ofr~sidential units above commercial uses. Policy 3 B on page 11 states, "A wide variety of commercial uses shall be pennitted within the district, and special emphasis shall be given by all Downtown groups and the City to attract needed businesses..." The policy does not discourage the continued operation of the existing auto and truck dealerships that were in business at the time of the adoption of the Plan. 9. The Eugene-Springfield Transportation System Plan, TransPlan, was adopted in 2001. Under state law, TransPlan is a functional plan of the Metro Plan. . 10. TransPlan policy mandates the establishment of pedestrian-friendly, transit oriented mixed-use commercial centers, called nodes (TransPlan Land Use Policies #1, #2, and Ja. No. LRP2003-00009 Text Amendment to Article 40 afthe SDC October 6, 2003 3 . #3; Chapter 2, page 10). Such centers are intended to be located within ~ mile of a transit station. TransPlan's map of Potential Nodal Development Areas shows a possible node site located in Springfield's Downtown area. 11. ECO Northwest, a consulting firnl was commissioned by the City of Springfield to recommend fonnal boundaries for each of the city's nodal development areas as part of the Nodal Implementation Project. The existing auto dealerships in the Downtown are outside or on the periphery of the ECO Northwest's recommended boundaries for a Downtown Node. The existing dealerships are generally outside ofthe ~ mile walking radius of the new L TD transit station. The ~ mile walking distance from a transit station is one of the parameters used to establish node boundaries under TransPlan. 12. Auto dealerships are not generally considered a land use type that is compatible with nodal development. They tend to have little structural development (floor area) compared to the acreage covered by the car lot. The low ratio of floor area compared to the lot area as a whole means car dealerships have a low "floor area ratio." . 13. ECO Northwest provided market study information to Lane Council of Governments during the development of TransPlan to assist with policy planning. The firm recommended that "the public strategy for nodal development should be flexible and opportunistic..." ECO Northwest, as part of its Nodal Implementation project for the City of Springfield, has recommended that the "floor area ratio" measure of development density be dropped from the policies found in Article 40 of the Springfield . Development Code to allow greater flexibility in the siting and development of nodes. Conclusion The findings listed above indicate that the Downtown Refinement Plan supported the auto dealerships that were in business at the time of its adoption. The policies of the Land Use Element for Downtown Mixed-Use plan designation did not state that such businesses were to be phased out. In fact, the policies emphasized that a wide variety of commercial uses were to be encouraged. In so much as the proposed amendments enable auto and truck dealerships that were in existence at the time of the Downtown Refinement Plan was adopted to continue operating, the amendments are consistent with the Plan. Downtown Springfield is one of the areas under consideration for designation as a nodal development area, as shown on the TransPlan map of Potential Node Sites. The proposed changes do not conflict with the future designation of the area for nodal development in that existing auto dealerships are generally outside the ~ mile walking radius from the L TD Station and on the periphery of the boundaries anticipated for a Downtown node. With respect to the exemption of dealerships from the minimum floor area ratios in Article 40, these have been recommended for removal by ECO Northwest for all types of development in mixed-use and nodal development areas in Springfield. . Jo. No. LRP2003-00009 Text Amendment to Article 40 of the SDC October 6, 2003 . 4 . . . Long tenn, auto dealerships can provide a place holder for more intense urban development in the future. The low structural investment compared to the land area of the activity makes a car lot a good redevelopment prospect when land prices rise. The proposed text amendment to the SDC is consistent with this criterion of approval. Criterion #2 "Conformance with Applicable State Statutes" Findings . 14. Oregon law states that auto/truck dealerships must provide certification that local land use ordinances allow for such dealerships (ORS 822.025 (6)(a)). 15. ORS 822.025 gives local governments jurisdiction to permit or not pennit auto/truck dealerships within their various zoning districts, as well as the development standards that apply to those dealerships. Conclusion State law empowers local governments to determine the appropriate location for auto/truck dealerships through their local land use ordinances. The proposed amendment to the Springfield Development Code exercises that local authority. The proposed text amendment to the Springfield Development Code is consistent with this criterion of approval. Criterion #3 "Applicable State-wide Planning Goals and Administrative Rules" Findings Compliance with Administrative Rules 16. OAR 735-150-0015 requires the auto dealers obtain a "certificate" from the Department , of Motor Vehicles. That certification is desclibed in ORS 822.025 (6)(a). 17. OAR 735-150-0030details state policy with respect to the location of auto dealerships. This section of the state administrative rules provides no policy that is pertinent to the proposed changes in the SDC. Compliance with Statewide Planning Goals 18. Goall- Citizen Involvement. Goal 1 calls for "the opportunity for citizens to be involved in all phases of the planning process." The decision making process to amend the SDC is a public process guided by procedures detailed in Articles 8 and 14 of the SDC. That process includes public notification for Type IV legislative changes to the Jo. No. LRP2003-00009 Text Amendment to Article 40 of the SDC October 6, 2003 5 . Code as well as public hearings before the Springfield Planning Commission and the City Council. 19. Goal 2 -Land Use Planning. Goal 2 outlines the basic procedures of Oregon's statewide planning program. It says that land use decisions are to be made in accordance with a comprehensive plan, and that suitable "implementation ordinances" to put the plan's policies into effect must be adopted. The Eugene-Springfield Metropolitan Area General Plan (Metro Plan) is the acknowledged comprehensive plan that guides land use planning in Springfield. Various adopted refinement plans and specific area plans provide more detailed direction for planning under the umbrella of the Metro Plan. The Springfield Downtown Refinement Plan supports the recruitment and retention of "a wide variety of commercial uses," The policies found in the Downtown Refinement Plan do not discourage the operation of auto and truck dealerships in the Downtown Mixed Use area designated by the Plan. Amendment of the SDC to allow the continued operation of auto dealerships in the . Downtown Mixed-Use area is consistent with local land use planning policies for the area. . 20. Goal 3 - Agricultural Land. Goal 3 defines "agricultural lands. "It then requires counties to inventory such lands and to "preserve and maintain" them through fann zonmg. This goal does not apply within adopted, acknowledged urban growth boundaries. The City of Springfield does not have any agricultural zoning districts. This amendment applies only within the Springfield Downtown Refinement Plan area and does not apply outside the urban growth boundary. All land in the City's urban transition area carries City zoning. An exception to this goal was taken in 1982 when the comprehensive plan was acknowledged. 21. Goal 4 - Forest Land. This goal defines forest lands and requires counties to inventory them and adopt policies and ordinances that will "conserve forest lands for forest uses." This goal does not apply within adopted, acknowledged urban growth boundaries. The City of Springfield does not have any forest zoning districts. This amendment does not apply outside the urban growth boundary and because of limitations on commercial and industrial development without full urban services, generally do not apply outside the city limits. All land in the City's urban transition area carries City zoning. An exception to this goal was taken in 1982 when the comprehensive plan was acknowledged. 22. Goal 5 - Open Spaces, Scenic and Historic Areas, and Natural Resources. Goal 5 covers more than a dozen natural and cultural resources such as wildlife habitats and wetlands. It establishes a process for each resource to be inventoried and evaluated. . This amendment does not repeal, replace or void existing Metro Plan policy or Development Code regulations with respect to any identified Goal 5 resources. No Jo. No. LRP2003-00009 Text Amendment to Article 40 of the SDC October 6, 2003 6 . changes to supporting ordinances or policy documents adopted to comply with Goal 5 are affected by these amendments. 23. Goal 6 - Air, Water and Land Resources Quality. This goal requires local comprehensive plans and implementing measures to be consistent with state and federal regulations on matters such as air and groundwater pollution. This am'endment does not repeal, replace or void existing Metro Plan policy or Development Code regulations with respect to air, water, or land resources. No changes to supporting ordinances or policy documents adopted to comply with Goal 6 are affected by these amendments. 24. Goal 7 - Areas Subject to Natural Disasters and Hazards. Goal 7 deals with development in places subject to natural hazards such as floods or landslides. It requires that jurisdictions apply "appropriate safeguards" (floodplain zoning, for example) when planning for development in hazard areas. All sites within Springfield that are subject to these hazards (floodplain, erosion, landslides, earthquakes, weak foundation soils) are inventoried through a variety of sources. The proposed text amendments do not remove or exempt compliance with other Code standards that may apply to development in hazard areas. . 25. Goal 8 - Recreational Needs. This goal calls for each community to evaluate its areas and facilities for recreation and develop plans to deal with the projected demand for them. Willamalane Park and Recreation District is the entity responsible for park planning, development and maintenance in the urban transition area as well as the city limits. The proposed amendment will not affect the provision of recreational services. 26. Goal 9 - Economic Development. Goal 9 calls for diversification and improvement of the economy. It asks communities to inventory commercial and industrial lands, project future needs for such lands, and plan and zone enough land to meet those needs. The proposed changes to the SDC seek to ensure the continued viability of a category of existing businesses in the Downtown area. The proposal to add existing auto truck dealerships to the list of pennitted uses in the Downtown area is consistent with local economic development goals. A market study conducted by ECO Northwest supports dropping of floor area ratios from Article 40 of the Code, consistent with this proposal. The study was designed to identify policy changes that would maximize the market viability of development in mixed-use zones. . This amendment does not repeal, replace or void existing Metro Plan policy or Development Code regulations with respect to economic development. No changes to supporting ordinances or policy documents adopted to comply with Goal 9 are affected by these amendments. Jo. No. LRP2003-00009 Text Amendment to Article 40 of the SDC October 6. 2003 7 . . . 27. Goal 10 -Housing. This goal specifies that each city must plan for and accommodate needed housing types, such as multifamily and manufactured housing. This amendment does not repeal, replace or void existing Metro Plan policy or Development Code regulations with respect to any housing issues. No changes to supporting ordinances or policy documents adopted to comply with Goal 10 are affected by these amendments. 28. Goal 11 - Public Facilities and Services. Goal 11 calls for efficient planning of public services such as sewers, water, law enforcement, and fire protection. This amendment does not repeal, replace or void existing Metro Plan policy or Development Code regulations with respect to any identified public infrastructure facilities or services. No changes to supporting ordinances or policy documents adopted to comply with Goal 11 are affected by these amendments. 29. Goal 12 - Transportation. The goal aims to provide "a safe, convenient and economic transportation system." This amendment does not repeal, replace or void existing Metro Plan policy or Development Code regulations with respect to any identified transportation issues. No changes to supporting ordinances or policy documents adopted to comply with Goal 12 . are affected by these amendments. 30. Goal 13 - Energy Conservation. Goal 13 declares that "land and uses developed on the land shall be managed and controlled so as to maximize the conservation of all fonns of energy, based upon sound economic principles." This amendment does not repeal, replace or void existing Metro Plan policy or Development Code regulations with respect to any identified energy issues. No changes to supporting ordinances or policy documents adopted to comply with Goal 13 are affected by these amendments. 31. Goal 14 - Urbanization. This goal requires cities to estimate future growth and needs for land and then plan and zone enough land to meet those needs. The Eugene-Springfield Metropolitan Residential Lands and Housing Study, Policy Recommendations Report (1999) found "there is sufficient buildable residential land within the existing urban growth boundary to meet the future need of the projected population. This amendment will not directly affect the availability of land for future growth. This amendment does not repeal, replace or void existing Metro Plan policy or Development Code regulations with respect to any identified urbanization issues. No changes to supporting ordinances or policy documents adopted to comply with Goal 14 are affected by these amendments. Jo. No. LRP2003-00009 Text Amendment to Article 40 of the SDC October 6, 2003 8 . . . 32. Goal 15 - Willamette River Greenway. Goal 15 sets forth procedures for administering the 300 miles of greenway that protects the Willamette River. The proposed text amendment does not change the obligation to comply with the City's existing standards for development with respect to the Willamette River Greenway. The Greenway provisions allow development of pennitted uses in the underlying zone, provided that all other Greenway requirements are satisfied. The City's adopted, acknowledged Greenway ordinance will not be changed. 33. Goals 16 through 19 -Estuarine Resources, Coastal Shorelands, Beaches and Dunes, and Ocean Resources. There are no coastal, ocean, estuarine, or beach and dune resources within the City's jurisdiction. These goals do not apply jn Springfield. Conclusion The proposed amendments to Article 40 of the Springfield Development Code are consistent with Oregon Revised Statutes, Oregon Administrative Rules and the Statewide Planning Goals, where these laws and rules apply. It is the conclusion of staffthat the proposed amendment is consistent with this criterion. V. Conclusion and Recommendation of Staff Based on the findings of staff with respect to the criteria defined in Article 8 for approving the amendment of the SDC, staff finds the proposed text amendment of the Springfield Development Code, adding "Operation, maintenance, repair, expansion, and replacement of lawfully existing auto and truck dealers, new and used, including accessory repair garages, parts and accessories sales as of June 3, 2000, located on real property owned, leased or controlled by a single entity" to the Schedule of Use Categories found in Section 40.020 (3) (Mixed-Use Zoning District), to be consistent with these criteria and recommends approval of the amendment. It is also found that the exemption of existing auto/truck dealerships in the Downtown Mixed- Use area of the Springfield Downtown Refinement Plan area from the provisions of Section 40.110 (1)( c), is consistent with the approval criteria found in Article 8. VI. Attachments Attachment 1: Proposed Text Amendment to the Springfield Development Code Submitted by the Applicant. Map ofthe.Springfield Downtown Refinement Plan showing the Downtown Mixed Use area. Attachment 2: Jo. No. LRP2003-00009 Text Amendment to Article 40 oftheSDC October 6, 2003 9 . . . Proposed Amendments to Article 40 of the Springfield Development Code as Originally Submitted by the Applicant (in italics) 40.020 SCHEDULE OF USE CATEGORIES Districts I Categories/Uses MUC MUE MUR I (3) Automotive, Marine And Mobile/Manufactured Home Sales, Service, Storage And Repair: - p - (a) Garage, repair S p S (b) Parking lots and parking structures (Section 40.100 (b)(1-2)) - P - (c) Tires, batteries and accessories p - - (d) Operation, maintenance repair, expansion, and replacement (only in of lawfully existing auto and truck dealers, new and used, Downtown including accessory repair garages, parts and accessories sales as Mixed-use area) of June 3, 2002, located on real property owned, leased or controlled by a single entity. 40.110 SPECIFIC DEVELOPMENT STANDARDS FOR MIXED-USE DISTRICTS (1) MUC Development Standards. (c) Minimum Floor Area Ratio. A minimum floor area ratio (FAR) of.40 shall be required for all new development or redevelopment in the MUC District. FAR is defined for this purpose as the amount of gross floor area of all buildings and structures on the building lot divided by the total lot area. Exception: Existing auto and truck dealerships in the Downtown Mixed-Use area (See 40.020(3)(d)) are exemptfrom the minimum floor area ratio requirement. Amendments to Article 40-Mixed-Use Zoning Districts, are shown in boldface italics. TI fitiliHilltIj \ I ffffij m ...d1.111----1 Recommended ode oun ary Downtown Refinement Plan _ Downtown Mixed Use lIB Booth Kelly Mixed Use . . : Government .. Heavy In~ Public La~pen Space Lithia Code Amendment . 200 0 I 200 .0 Feet . BEFORE THE PLANNING COMMISSION OF THE CITY OF SPRINGFIELD REQUEST TO AMEND THE SPRINGFIELD DEVELOPMENT CODE JO. NO. LRP 2003-00009 FINDINGS, CONCLUSION AND RECOMMENDATION NATURE OF THE APPLICATION The applicant, Lithia Motors Inc., seeks to amend the text of the Springfield Development Code, adding "Operation, maintenance, repair, expansion, and replacement of lawfully existing auto and truck dealers, new and used, including accessory repair garages, parts and accessories sales as of June 3, 2002, located on real property owned, leased or controlled by a single entity" to the Schedule of Use Categories found in Section 40.020 (3) (Mixed-Use Zoning District). The change applies to the Mixed-Use Commercial zone, and only within the Downtown Mixed-Use area of the Springfield Downtown Refinement Plan. The request also exempts these dealerships from the .40 minimum floor area ratio (FAR) standard as described in Section 40.110 (1)(c). 1. The application conforms to the provisions of Section 3.050 of the Springfield Development Code. Timely and sufficient notice of the public hearing, pursuant to Section 14.030 of the Springfield Development Code was provided. . 2. On September 16, 2003, a public hearing was held on the proposed Springfield Development Code amendments. The Development Services staff notes, including criteria of approval, findings, and recommendations have been considered and are part of the record of this proceeding. 3. At the public hearing held on September 16, 2003, property owners and interested parties provided testimony to the Commission. 4. The Planning Commission, through the public hearing held on September 16, received testimony from Springfield citizens and interested parties and such testimony was considered by the Commission in its deliberations and is made. part of the record of this proceeding. CONCLUSION On the basis of this record, the requested Development Code amendment is consistent with the criteria of approval found in Section 8.030 of the Springfield Development Code. This general finding is supported by the specific findings of fact and conclusion in the staff report. RECOMMENDATION . It is RECOMMENDED by the Planning Commission of Springfield that Journal Number LRP 2003-00009, Development Code Amendment Request, amending Article 40.020(3), and Article 40.110 (1)(c) be approved, approved with conditions or . modifications, or denied by the Springfield City Council. The recommended amendments to the Springfield Development Code are attached as Exhibit A. These RECOMMENDATIONS were presented to a d approved by the Planning Commission on September 16, 2003. ATTEST: AYES: NOES: ABSENT: ABSTAIN: . . . . . Exhibit A Proposed Amendments to Article 40 of the Springfield Development Code (in italics) 40.020 SCHEDULE OF USE CATEGORIES Districts Categories/Uses MUC MUE MUR (3) Automotive, Marine And Mobile/Manufactured Home Sales, Service, Storage And Repair: - P - (a) Garage, repair S P S (b) Parking lots and parking structures (Section 40.100 (b)(1-2)) - P - (c) Tires, batteries and accessories p - - (d) Operation, maintenance, repair, expansion, and replacement (ollly ill of automobile, light truck sales, new and used, including DOWlltOWll accessory repair garages, parts, and accessory sales on land Mixed-use area) where such uses lawfully existed as of June 3,2002, owned, leased, and controlled by a simde entitv. 40.110 SPECIFIC DEVELOPMENT STANDARDS FOR MIXED-USE DISTRICTS (1) MUC Development Standards. (c) Minimum Floor Area Ratio. A minimum floor area ratio (FAR) of.40 shall be required for all new development or redevelopment in the MUC District. FAR is defined for this purpose as the amount of gross floor area of all buildings and structures on the building lot divided by , the total lot area. Exception: Existing auto and truck dealerships in the Downtown Mixed-Use area (See 40.020(3)(d)) are exemptfrom the minimum floor area ratio requirement. 1000 FRIENDS OF OREGON 534 SW Third Avenue, Suite 300, Portland, OR 97204' (503) 497-1000' fax (503) 223-0073' www.friends.org Southern Oregon Office' P.O. Box 2442' Grants Pass, OR 97528. phone/fax (541) 474-1155 Willamette Valley Office' 388 State Street, Suite 604. Salem, OR 97301. (503) 371-7261 . fax (503) 371-7596 Lane County Office' 120 West Broadway' Eugene, OR 97401 . (541) 431-7059 . fax (541) 431-7078 Central Oregon Office' P.O. Box 8813' Bend, OR 97708' (541) 382-7557' fax (541) 382-7552 September 16, 2003 TO: FROM: SUBJECT: Springfield Planning Commission Lauri Segel Lithia Motors Request to Amend the Springfield Development Code Commissi oners, Thank you for the opportunity to comment on the proposal to amend Article 40 of the SDC. I remember when this Article was being reviewed for adoption, about one year ago or so, and am disappointed to see a proposal to weaken its integrity, especially when a less harmful action has received little consideration. The current proposal to amend Article 40 of the Springfield Development Code is an unnecessary action. Staff reports that the requested modifications to Article 40 "are needed to allow the continued operations of existing auto/truck dealerships in the downtown area", but rejects Article 5, Non Confonning Uses as a reasonable remedy. . By ignoring the full range of provisions of Article 5 of the SDC, staffhas overlooked the least hannful remedy. The general intent of the non-confonning use provision, as stated in 5.010(1) is stated as follows: "Within the zoning districts established by this Code there exist uses which were lawful before this Code was adopted, but which are prohibited, regulated or restricted under the terms ofthis Code. It is the intent of this Article to identify such non-confonning uses and to prescribe the conditions under which they may continue or be terminated." Rather than proposing code amendments to Article 40, staff could have offered remedies allowed by Article 5. For example, 5.020 REVIEW, (1) allows the expansion or modification of a non.,. confonning use and/or the expansion of a non-conforming structure with an increase in impact through review under Discretionary Use procedures. And. . . Section 5.030 CONTINUANCE, allows a non-conforming use to continue so long as it remains otherwise lawful, subject to prescribed limitations, none of which would prevent the applicant from continuing business as usual. Staff comments that Article 5 does not allow expansion or extensive remodeling. Yet, 5.040 EXPANSION, states that an approval for expansion or modification is provided for when the increased impact of the expansion upon adjacent properties has been adequately mitigated in the opinion of the Approval Authority, in addition to satisfying the Discretionary Use criteria of Section 10.030. _t .~ t~ tt I"': . ~b Finally, staff findings have not fully identified the intent of the Transportation Planning Rule, which is broader than providing for safe, convenient, and.economic transportation system. The TPR, in 660-012-0060~ Plan and Land Use Regulation Amendments, identifies in (7)(a) and (b), what a "mixed-use, pedestrian-friendly center or neighborhood" means, and in (b) (A) - (H) lists characteristics of mixed-use, pedestrian-friendly centers or neighborhoods. The fact that (H) limits or does not allow low-intensity or land extensive uses, such as most industrial uses, automobile sales and services, and drive-through services, amending Article 40 to allow expansion of automobile sales and services would be inconsistent with the TPR. The integrity of Article 40 is an issue that has yet to be fully considered. I hope you will think about other ways to accommodate the applicants' needs outside of the drastic amendments that are being proposed.