HomeMy WebLinkAboutNotes, Meeting CMO 5/20/2008
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AG . A.' ': . . ." .
OF :Ef.IESPRINGFIELID PLANNING COMMISSION . .
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SPRINGFIELD CITY HALL * CITY COUNCIL CHAMBERS * 225 FIFTH STREET * 541 726-3753
Tuesday May 20, 2008 7 00 pm
1 ,PLEDGE OF ALLEGIANCE-
2 APPROVAL OF MINUfES-
REGULAR SESSION
I move to accept the Mmutes of the Spnngfield Plannmg CommIssion
Dated JUNE 20, 2006 work and regular, November 20, 2007 Regular
SessIOn and December 11, 2007 Regular SessIOn as submItted
3 BUSINESS FROM THE AUDIENCF.;-
4. OUASI-.nJDICIAL PUBLIC HEARING-
a. APPLICATION:
APPLICANT(s) NAME:
CASE NUMBER
PROJECT SITE
PROJECT PROPOSAL:
PLANNER.
Zone Map Amendment for approximately 0 27 acres
Larry Burr
ZON2008-000 13
859 West M Street, 1392 & 1395 Rambow Dnve, 17-03-27-43 TL 3001
The purpose of the requested actIOn IS to correct an mconslstency
between the zomng and Metro Plan deSIgnatIOn of a partIcular property
Smce the eXlstmg LDR zonmg IS not consIstent WIth the MDR plan
deSignation as a result of the Metro Plan adoption, the DIrector has
determmed that thIS applIcation qualIfies to be processed as a Clty-
Sponsored zomng map amendment, as establIshed by department polIcy
m 2006
Molly Markanan
CONDUCT OF QUASI-JUDICIAL PUBLIC HEARING BEFORE THE PLANNING COMMISSION
Staff WIll explam procedural reqUIrements mandated by State Law
Commencement of the heanng
Declaration of conflict of mterest or "ex-parte" contact
Staff report
Testimony from the applIcant
Testimony of those m support
TestImony of those III opposltlon\QuestlOns from the CommiSSIOn
Summation by the Staff
Rebuttal from the applIcant
Close of the publIc hearmg I or extend the wntten record
Planmng CommissIOn diSCUSSIOn (pOSSIble questIOns to staff or publIc)
Motion to recommend approval or approval With condItIOns or demal of the request based on staff report
and/or oraVwntten testimony
Recommendation SIgned by ChaIr mcorporatmg findmgs and reasomng to support deCISIOn
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U.J\e Received'
Planner. MEM
6jJ-o!cIb
The mee/rng [ocallOn lS wheelchair-accessIble For the hearmg-Impazred, an mterpreter can be prowded wuh 48 hours notice prior to the meetmg
For meetmgs m the Counczl Mee/mg Room, a "Personal P A RecefVer" for the hearmg-ImpaIred IS avaIlable To arrange for these services, phone
726-2700
PC Agenda - Brenda Jones
Page 1
5/20/2008
6. BUSINESS FROM THE DEVELOPMENT SERVICES DIRECTOR
7. REPORT OF COUNCIL ACTION
8. ~USINESS FROM THE COMMISSION
9. AD,IOIJRN REGULAR
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PLANNING COMMISSIONERS
Frank Cross, ChaIT
Johnny Krrschenmarm, Vice ChaIr
Lee Beyer
Tern Leezer
Enc SmIth
Shen Moore
Steve Moe
The meetmg locatton 1.S wheelchalr-accesslble For the hearmg-lmpalred, an mterpreter can be provided wllh 48 hours notlee pYlor to the meetmg
For meetmgs m the Councz/ Meetmg Room, a Personal P A Receiver" for the hearmg-lmpalred lS available To arrange for these servlces, phone
726-2700
PC Agenda - Brenda Jones
Page 2
5/20/2008
MEMORANDUM
CITY OF SPRINGFIELD
DATE OF HEARING May 20, 2008
TO Spnngfield Planning commlsslo~n PLANNING COMMISSION
TRANSMITTAL
~ MEMORANDUM
FROM Molly Markanan, Planner II J C/
SUBJECT Case No ZON2008-00013, Request for City-Sponsored ZOning Map Amendment
ISSUE The Planning Commission IS asked to conduct a public heanng and decide whether or
not to approve a request to amend the zoning map for a 27 -acre property located at the corner
of West M Street and Rainbow Dnve from Low Density Residential (LDR) to Medium Density
Residential (MDR) to conform to the Metro Plan designation of MDR
DISCUSSION The purpose of the requested action IS to correct an Inconsistency between the
zOning and Metro Plan designation of a particular property Since the eXisting LOR zOning IS not
consistent with the MDR plan designation as a result of the Metro Plan adoption, the Director
has determined that thiS application qualifies to be processed as a City-sponsored zOning map
amendment. as established by department policy In 2006
Approval of zOning map amendments requires a demonstration of compliance with three cntena
of approval outlined In the Spnngfield Development Code (SDC) section 5 22-115 The
Planning Commission IS asked to consider the applicant's request and the findings of fact
contained In the attached staff report to confirm that the application meets these cntena of
approval and that the zoning map amendment IS appropnate In thiS case
RECOMMENDATION' Upon review of the applicant's request, City staff finds that the proposed
zOning map amendment meets the cntena of approval listed In the SDC Code and therefore
recommends approval of thiS application
ACTION REQUESTED Approval of the ZON2008-00013 zOning map amendment request
ATTACHMENTS.
Attachment 1 Staff Report
Attachment 2 Maps & Photos
Attachment 3 Legal Descnptlon
Attachment 4 Final Order
Date Received ~)~
Planner MEM I
City of Sprmgfield
Development Services Department
225 Fifth Street
Springfield, OR 97477
ZONING MAP AMENDMENT
Staff Report
Case Number ZON2008-00013
Project Location, 859 West M Street, 1391 & 1395 Rambow Dnve
Map 17-03-27-43, Tax Lot 3001
Zoning Low Density Residential (LDR)
Overlay Dlstrict(s)' N/A
Applicable Refinement Plan: N/A
Metro Plan Designation Medium Density Residential (MDR)
Application Submittal Date February 26, 2008
Application Accepted As Complete Date: March G, 2008
Public Hearing Date May 20, 2008
Associated Applications ZON2005-00046 - Development Issues Meeting (DIM), ZON2005-00054 - DIM
l:ciTY;o~SBRlNGF,iEC[f,b'EVEi:c:fP.MENTIREViEWrCOMMltlEE~~~~~~~/b.~A~~~~~1
I POSITION
I Planner II
I Transportation PlannlnQ EnQmeer
I Public -Works EnQmeer In TrammQ
I Deputy Fire Marshal
REVIEW OF
Land Use Planning
Transportation
Utilities, Sanitary & Storm Sewer
Fire and Life Safety
NAME
Molly Markanan
Gary McKenney
Jesse Jones
Gilbert Gordon
PHONE
726-4611
726-4585
736-1036
726-2293
l"'AF!P.IJCANT.'S;DEVELOP.MENTJTEAM:i!t~,fJ;~;':,~~if.'.l'o~~~~~~~\','F~~~
Owner/Applicant Applicant's Representative
larry Burr JRH - land Use DIvISion
3310 Talon Street 4765 Village Plaza loop, SUite 201
Eugene, OR 97408 Eugene, OR 97401
Case No ZON2008-00013
Attacllment 1-1
1014
REQUEST
The applicant has requested a City-sponsored zOning map amendment to change the zoning for the
subject property from low Density Residential (lDR) to Medium Density Residential (MDR) to conform
to the Metro Plan designation for the property of MDR Approval of the applicant's request would not
only bring the zOning on the property Into conformance with the Metro Plan, but It would also enable the
applicant to proceed with other land use applications that are contingent upon zOning and plan
deslgnallon conformity Thus, In the future, development may occur on the property In accordance With
SDC 3 2-200 for MDR properties Such development would permit a minimum of two and a maximum
of five dwelling Units on the 27 -acre property subject to a Type II land use approval (Site Plan ReView
and/or land DIvIsion)
DISCUSSION
According to State law, the local zoning deslgnallon of properties must conform to the land use
deSignation of the Metro Plan, the region's official long-range comprehensive planning document
However, when the Metro Plan was Originally adopted In 1982, zOning deSignations already eXisted In
the City of Springfield, and many properties were already developed In accordance with such
deSignations Therefore, In some Instances, rather than Immediately changing the zoning of developed
land (which would create eXlsllng non-conforming uses), owners were allowed to maintain the zoning
on their properties with the understanding that as such properties were redeveloped over time,
plan/zone conflicts would be resolved before such development proceeded
RecogniZing that a property owner should not have to pay to resolve such plan/zone conflicts resulting
from the City's approach to early Implementation of the Metro Plan, the City Initiated a City-sponsored
zoning map amendment process In 2006 for properties where the zOning and Metro Plan deslgnallon
are clearly In conflict ThiS process allows for City-sponsored zone changes three times annually In
January, May, and September Due to the scale and non-property specific nature of the adopted Metro
Plan Diagram, the City IS best able to Identify clear plan/zone conflicts for properties within Refinement
Plan boundanes However, there can be Instances where, due to prominent Identifiable geographic
features on the Metro Plan Diagram, little doubt eXists that a property falls within a certain designation,
as well In such Instances, It IS the discretion of the Director or hiS representallve to determine If there
IS a clear plan/zone conflict, thus qualifying the appllcallon for a City-sponsored zone change
Dunng Initial meellngs In 2005 with City Planning staff regarding a proposed land diVIsion Involving the
subject property, the applicant was adVised that the zoning on the property IS lDR while the Metro Plan
deSignation IS MDR, and thiS plan/zone conflict needed to be resolved before the applicant could
proceed with the land diVISion City staff at that time determined that prominent Identifiable geographic
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features, Including the curvature of Centennial Boulevard and the relatIOnship of the MDR area of the
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Metro Plan diagram to the Community Commercial area of the diagram In thiS part of the City, suggest
that the western boundary of the MDR deSignation IS Rainbow Dnve Therefore, the subject property,
which IS located east of Rainbow Dnve, would fall within the MDR deSignation and thus qualify for a
City-sponsored zone change (see Attachments 2-1 through 24 ,
REVIEW PROCESS
ThiS City-sponsored zOning map amendment Involves the appllcallon of eXisting policy to one speCific
property and does not Include a Metro Plan diagram amendment As such, thiS IS a Type III application
requlnng a quasI-Judicial decIsion and IS therefore reviewed under the procedures listed In Spnngfield
Development Code (SDC) 51-135, Type III Appllcallons, 52-100, Public Heanng Process, and SDC
5 22-100, ZOning Map Amendment
Applications for Type III quasI-Judicial land use decIsions require newspaper nOtice, as well as mailed
notification of the applicant and owner of record, property owners and occupants within 300 feet of the
subject property, any applicable neighborhood aSSOCiation, and any person who submits a written
request to receive notice at least 20 days pnor to the date of the heanng per SDC 5 2-115 ThiS
Case No ZON200lHl0013
2014
Attachment 1-2
I
application was accepted as complete on March 6, 2008 Per the public notice reqUirements of SDC,
notice of the public heanng was mailed on Apnl 24, 2008, and was published In the RegIster Guard on
Apnl 29, 2008 No wntten comments were received at the lime of Issuing this Staff Report In addllion,
per State law, notice of the application was mailed to Department of Land ConselVatlon and
Development on March 20, 2008
For quasI-Judicial decIsions, the Planning COmmission's decIsion IS the City'S final deCISiOn, unless
appealed Only those persons who participated either orally or In wntlng have standing to appeal the
decIsion of the Planning Commission, and grounds for appeal are limited to those Issues raise either
orally or In writing before the close of the public record
SITE INFORMATION
The subject property IS a 27 acre (11,761 square feet), L-shaped lot at the southeast comer of
Rainbow Dnve and West M Street and IS located Inside the City limits The property IS relalively flat
and currently contains a detached single family dwelling that faces and takes access from West M
Street, as well as a duplex that faces and takes access from Rainbow Dnve
Property In the VICInity of the site IS zoned a combination of Low Density Residential, Medium Density
Residential, High Density Residential, Neighborhood Commercial, Community Commercial, and Public
Land and Open Space However, the subject property IS zoned Low Density Residential, and land
Immediately surrounding the property to the north, south, and east IS zoned Low Density Residential
while property to the west IS zoned both Low Density Residential and Medium Density Residential
The MDR zOning designation requires the development of resldenlial uses at a density of 11 to 20
dwelling Units per acre The subject property, which IS approximately 27 acres and has three dwelling
Units, already has eleven dwelling units per acre A maximum of five dwelling Units could be developed
on the property In the future
ZONING MAP AMENDMENT - CRITERIA
SDC 5 22-115 states that the Planning Commission may approve, approve with conditions, or deny a
quasI-Judicial Zoning Map Amendment based upon the approval cntena listed In SDC 522-115 C 1
through C 3
CrIterion 1 /SDC 5 22-115 C 1.\
ConsIstency wIth applIcable Metro Plan policies and the Metro Plan diagram
Findmg. Metro Plan policy A 2 states that resldenlially designated land within the Urban Growth
Boundary should be zoned consistent with the Metro Plan and applicable plans and policies
Fmdmg' The subject property IS zoned Low Density Residential (LDR)
Finding The current version of the Metro Plan diagram depicts an area designated as Medium
Density Residential (MDR) In the VICInity of the subject property This MDR area extends northeast of a
pOint on Centennial Boulevard that does not have any Identifiable geographic features However, the
western boundary of this area IS a hard north-south line In the middle of the diagonal section of
Centennial Boulevard There IS only one street, Rainbow Drive, that extends north-south along this
seclion of Centennial Boulevard Therefore, City Planning staff has always Interpreted this to mean
that the western boundary of the MDR area IS Rainbow Drive The subject property, which IS located
east of Rainbow Dnve and north of Centennial Boulevard therefore falls within the MDR designation on
the Metro Plan
Fmdmg. The subject property must be rezoned from LDR to MDR In order for the zOning to be
consistent with the applicable Metro Plan policies and Metro Plan diagram Therefore, the application
to resolve this plan/zone conflict IS consistent with the Metro Plan policies and diagram
Case No ZON200B-00013
3014
A ttachlTfent 1-3
Conclusion' This application satisfies Cntenon 1 (SDC 5 22-115 C 1 )
Criterion 21SDC 5.22-115 C 2.\
Consistency with applicable Refinement Plans, Plan Dlstnct maps, Conceptual Development Plans,
and functional plans
Findmg' There are no applicable Refinement Plans, Plan Dlstnct maps, Conceptual Development
Plans, or functional plans for this property Therefore, Cntenon 2 IS not applicable
Conclusion' This application satisfies Cntenon 2 (SDC 5 22-115 C 2)
Critenon 3 ISDC 5 22-115 C 3 \
The property IS presently provided with adequate publIC facilities, services, and transportation networks
to support the use, or these factlttles, services, and transportation networks are planned to be provided
concurrently with the development of the property .
Findmg: The Development Review Committee (DRC), Including representatives from the City'S
Development Services Department, Public Works Department, and Fire and Life Safety Department
reviewed the application, and their comments have been Incorporated Into the findings and conditions
below
Finding: Given the location and size of the property, the proposed zone change would have no
significant Impact on the transportation system Impact to the transportation system Will be reviewed
again via the land diVISion or site plan review process In the event that future development occurs on
the property
Finding. The proposed zone change on thiS property Will have no affect on fire department services
based on eXlsling site conditions However, any changes to the eXisting structures or Increased denSity
on the property Will require an Increase In the available fire flow to meet current fire code requirements,
which Will be enforced via the land diVISion or site plan review process
Finding' The Public Works Englneenng DIVISion has reViewed the proposed zone change and does
not find any Issues With the eXisting conditions With respect to the sanitary sewer or stormwater
management systems Public Improvement requirements Will be reViewed again via the land diVISion or
site plan review process In the event that future development occurs on the site
Finding. The property IS currently serviced With adequate public faCilities and transportalion networks
In the event that the property IS further developed after the proposed zone, change, the adequacy of
public faCilities for any future development Will be reViewed via the land diVISion or site plan review
process
Conclusion' ThiS application salisfies Cntenon 3 (SDC 5 22-115 C 3)
CONDITIONS OF APPROVAL
SDC 522-120 authonzes the Approval Authonty to attach conditions as may be reasonably necessary
to a zone change approval to ensure that the application meets the approval cntena City staff finds
that the application as submitted complies With all applicable approval cntena and therefore does not
recommend any conditions of approval
CONCLUSION & RECOMMENDATION
After reviewing thiS application, City staff finds that It complies With the three cntena listed In SDC 5 22-
115 C 1 through C 3 Therefore, City staff recommends that the Planning CommiSSion approve thiS
application
Case No ZON2008-00013
40/4
Attachment 1-4
EXISTING ZONING
ZON2008-00013
859 West M Street - 17-03-27-43, TL 3001
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ZONING LEGEND
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Low Density Residential (LOR)
Medium Density Residential (MDR)
High Density Residential (HDR)
Neighborhood Commercial (NC)
Community Commercial (CC)
Attachment 2-1
PROPOSED ZONING
ZON2008-00013
859 West M Street - 17-03-27-43, TL 3001
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ZONING LEGEND
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r .. ........1 Medium Density Residential (MDR)
High Density Residential (HDR)
Neighborhood Commercial (NC)
Community Commercial (CC)
Attachment 2-2
EXISTING & UNCHANGED PLAN DEgdi'GNATION
ZON2008-00013
859 West M Street - 17-03-27-43, TL 3001
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PLAN DESIGNATION LEGEND
,4-.., Urbotn Growth Bolndary 0 ~w De~y RelLldentlal 0 L1Jht Medium Indultrtal [j AgtIctJ1UffI
,,"',...,,' MclroPf.Jn ~; I 0 Me4.m Denlhv Ae4denllal [SSJ C.-npullndustrW !:l F ,Ill
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o YJllamelle, ~ Speclotl l-M.vy h1ullrlaI 0 SaNf and Gr.-..el
Attachment 2-3
SITE PHOTOS
ZON2008-00013
859 West M Street - 17-03-27-43, TL 3001
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Attachment 2-4
REC6RD1NG ~UESTED By
FIDEUTY NA nOHAL TITlE COMPANY Of OREGON
r Divisian at Chie' ~ ~ :lerk
Lan. Colmt.y o..a and Recarda
GRANTOR'S NAME
Douglas S Gannon and Shiels Lynn Gannon
UIIIIIIIIIIII"" IIml~ I mlllllllllllllllll'
M7281602el50B&5321'L L.L L-.
08/22/2005 03,17:44 P"
RPR-IlEED Cnt=1 Stn=4 CASHIER 02
110 00 III 00 110 00
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$3100
GRANTEE'S NAME
Larry Burr
SEND TAX STA1l:MENTS To
Mr Larry Burr
859 West "M" Street 0 i;
Springfield. OR 97477 ~"'''-:..;fJ
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AFnR RECORDING RETURN TO ~ ~;.:~~o~~
Mr Larry 8urr ~~ ~G ofT
859 We.. "M" Street O'?-~~ Ooq'l ",'" ' ~
Sprlngfleld. OR 97477 ~~~{),,:....1<':~ 'b~W>
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STATUTORY WARRANTY DEED
Douglas 5 Gannon and Shiela Lynn Gannon as tenants by the entirety, Grantor, conveys and warrants to
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Larry Burr, A Married Man, Grantee, the follOWing descnbed real property, free and clear of encumbrances except as
specifically set forth below, srtuated In the County of Lane, State of Oregon,
SEE EXHIBIT ONE ATTACHED HERETO AND MADE A PART HEREOF
Subjec1 to and excepting
Convenants, Conditions, Restrictions, and Easements at Record
THIS INSTRUMENTWIU NOT AUOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF
APPLICABLE LAND USE LAWS AND REGULATIONS BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT THE
PERSON ACaUIRING FEE TIRE TO THE PROPERTY SHOULO CHECK WITH THE APPROPRIATE CITY OR COUNTY
PLANNING OEPARTMENTTO VERIFY APPROVEO USES ANO TO OETERMINEANY LIMITS ON LAWSUITS AGAINST
FARMING OR FOREST PRACTICES AS DEfiNED IN ORS 30930
THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS $200.00000 ISee ORS 930301
DATED August 17. 2005
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Douglas S Gannorf t/ I
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/Shlela Lynn GanKon
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NOTARY PUBUC QREGOO ' .
~MSSlCIN NO. 3B2253
IdYC~ElCl'GlES~_":2IlO8
Date ReceIved.
FEB 2 6 2008
STATE OF ORijGON
COUNTY OF ~
Onginal submittal
ThIs instrument was acknowledged before me on
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NOTARY - ~FOR OREGON
MYCOMM~~'EXPlRES (, I::'dl ~.....I'J
r1'o.-p"ft- 1,03 )"1....1 0?-"01 aw!#loS.,9'1.)
FORD-313 lRev 2/961 STATUTORY W"RRANTY DEED
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AttachmeFlt 3-1
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E.~ No ~38o-DJA-46
nu. cirdlr No oc1400380
EXHIBIT ONE
Beginning at a pOint on the South fine of -M- Street If the same was produced In Spnngfield. Lane County, Oregon,
North 890 24' 30. West 113665 feet from the pomt on Intersectron of said South hne of -M- Street With the East
fine of the Robert E Campbell Donation Land Claim No 59, Township 17 South. Range 3 West. Wlllamette Mendlan.
South 0059' Wes1 1300 feet. thence South 890 24' 30. East 44 17 feet. thence South 00 59' West 150 feet;
thence North 890 24' 30. West 1200 feet. thence North 00 59' East 1450 feet to the South Ime of -M- Street.
thence along said South line. South 890 24' 30. East 75 83 feetto the Pomt of Beglnmng, In Lane County, Oregon
Date Received
FEB 2 6 2008
Original Submittal
Attachment 3-2
BEFORE THE PLANNING COMMISSION
OF THE CITY OF SPRINGFIELD, OREGON
FINAL ORDER FOR ZONING MAP AMENDMENT
CASE NO ZONE2008-00013
FINDINGS, CONCLUSIONS
AND ORDER
NATURE OF THE APPLICATION
ZOning Map Amendment from Low Density Residential (LDR) to Medium Density Residential
(MDR) to conform to the Metro Plan designation for Assessor's Map 17-03-27-43, Tax Lot 3001
1 On March 6, 2008, the following application for a ZOning Map Amendment was accepted
as complete change the zOning on approximately 27 acre of land located at 859 West
M Street and 1391& 1395 Rainbow Drive from LOR to MDR, Case No ZON2008-00013
2 The application was submitted In accordance With Spnngfield Development Code (SDC)
5 4-105 Timely and sufficient notice of the public heanng has been provided. pursuant
to SDC 5 2-115
3 On May 20, 2008, a public heanng for the ZOning Map Amendment request was held
before the Spnngfield Planning Commission The Development Services Department
staff notes, including cnterla of approval, findings, and recommendations, together With
oral and written testimony submitted have been considered and are part of the record of
thiS proceeding
CONCLUSION
On the basIs of thiS record, the requested ZOning Map Amendment application IS consistent With
the crltena of SDC 5 22-115 ThiS general finding IS supported by the specific findings of fact
and conclusions In the attached staff report and attached hereto
FINAL ORDER
It IS ORDERED by the Planning Commission of Springfield that Case No ZON2008-00013.
Zoning Map Amendment request, be approved ThiS ORDER was presented to and approved
by the Planning CommisSion on May 20, 2008
Planning CommisSion Chairperson
ATTEST
AYES
NOES
ABSENT
ABSTAIN
Attachment 4-1