HomeMy WebLinkAbout2017 02 22 AIS for Zoning Map AmendmentAGENDA ITEM SUMMARY Meeting Date: 2/22/2017 Meeting Type: Regular Meeting
Staff Contact/Dept.: Andy Limbird, DPW
Staff Phone No: 541-726-3784 Estimated Time: 20 Minutes
S P R I N G F I E L D PLANNING COMMISSION Council Goals: Promote and Enhance our Hometown Feel while Focusing on Livability and Environmental Quality ITEM TITLE: ZONING MAP AMENDMENT – REZONE APPROXIMATELY 11 ACRES OF VACANT
LAND FROM LOW DENSITY RESIDENTIAL (LDR) TO PUBLIC LAND AND OPEN SPACE
(PLO)
ACTION REQUESTED: Conduct a public hearing and deliberations, and approve, approve with amendments, or deny a request for Zoning Map Amendment from Low Density Residential (LDR) to Public Land and
Open Space (PLO).
ISSUE STATEMENT: Verizon Wireless, on behalf of Willamalane Park & Recreation District, is requesting a Zoning Map Amendment for an 11-acre property from LDR to PLO.
ATTACHMENTS: 1. Staff Report and Findings for Zoning Map Amendment 2. Application and Exhibits
3. PC Final Order – Zoning Map Amendment Request TYP317-00002
DISCUSSION:
The property requested for Zoning Map Amendment is a linear, 11-acre tract along the southwest
edge of Vitus Butte (also locally referred to as “Moe Mountain”). The applicant is requesting a Zoning Map amendment to change the zoning of the property from Low Density Residential (LDR) to Public Land and Open Space (PLO). The property is vacant and not currently assigned a
street address (Assessor’s Map 17-02-30-12, Tax Lot 5000). The public hearing for this application is scheduled for Wednesday February 22, 2017.
The subject property is zoned and designated LDR in accordance with the Springfield Zoning Map and the adopted Metro Plan diagram. Section 3.2-705.A of the Springfield Development Code
(SDC) allows for PLO zoning to be applied to properties designated for parks and open spaces
uses. The subject property is owned by Willamalane and identified as the future “Moe Mountain Linear Park” in the Willamalane Comprehensive Plan.
Staff advises that the request for Zoning Map Amendment can be reviewed on its own merits, and it also facilitates the applicant’s concurrent Discretionary Use and Site Plan Review applications
for a monopine cellular tower on the adjacent property to the east (Tax Lot 801) submitted under separate cover (Cases TYP317-00001 and TYP217-00001). Rezoning of the subject property from LDR to PLO would reduce the required setback for the proposed 125-foot high tower from at least
125 feet to 20 feet. Details of the proposed tower location and setbacks are found in the staff reports, findings and recommended conditions for Cases TYP317-00001 and TYP217-00001.
Staff Report and Findings Planning Commission Zone Change Request (Verizon Wireless on behalf of Willamalane)
Hearing Date: February 22, 2017 Case Number: TYP317-00002 Applicant: Kelly Lea, Verizon Wireless
Property Owner: Willamalane Park & Recreation District
Site: South of V Street and West of River Heights Drive (Map 17-02-30-00, Tax Lot 5000)
Request
Rezone Tax Lot 5000 from Low Density Residential (LDR) to Public Land and Open Space (PLO). Site Information/Background
The application was submitted on January 5, 2017 and the public hearing on the matter of the Zone Change request is scheduled for February 22, 2017. The City conducted a Development Review Committee meeting on the Zone
Change request on January 31, 2017. The property that is subject of the Zone Change request is a vacant 11-acre natural area parcel along the southwest
edge of Vitus Butte (also locally referred to as “Moe Mountain”) in the River Heights neighborhood. The linear property is identified as the “Moe Mountain Linear Park” in the Willamalane Comprehensive Plan. The site is generally located between V Street and 37th Place and west of River Heights Drive and Vitus Lane. The Assessor’s
description of the affected property is Map 17-02-30-00, Tax Lot 5000, and because it is vacant the site does not have an assigned street address. Current zoning and Metro Plan designation for the property is Low Density Residential (LDR). The applicant is requesting the Zone Change to facilitate initial construction of a monopine
tower on the adjacent property (Tax Lot 801) and for creation of a future neighborhood park with public recreational pathway along the base of the hill.
In accordance with Section 3.2-705.A of the Springfield Development Code (SDC), the Public Land and Open Space district is used to accommodate government, educational, and park and open space uses. Schools, parks,
public open space, and recreational amenities are considered key urban services in accordance with the adopted Metro Plan. Because parks and open space are considered compatible with a wide range of land uses, PLO zoning is permitted in all Metro Plan zoning designations in accordance with SDC 3.2-705.B. Additionally, because the
subject Zone Change request is site-specific and does not propose to modify the adopted Metro Plan diagram, it is
being processed as a Type III Zoning Map amendment. The proposed Zoning Map amendment also would bring the property into conformity with the adopted Willamalane Comprehensive Plan.
Notification and Written Comments Notification of the February 22, 2017 Planning Commission public hearing was sent to all property owners and
residents within 300 feet of the site on January 19, 2017. Notification was also published in the February 15, 2017 edition of The Register Guard. Staff responded to several telephone calls inquiring about the proposal but no written comments were received.
Criteria of Approval Section 5.22-100 of the SDC contains the criteria of approval for the decision maker to utilize during review of
Zoning Map amendment requests. The Criteria of Zoning Map amendment approval criteria are:
Attachment 1, Page 1 of 4
SDC 5.22-115 CRITERIA
C. Zoning Map amendment criteria of approval: 1. Consistency with applicable Metro Plan policies and the Metro Plan diagram;
2. Consistency with applicable Refinement Plans, Plan District maps, Conceptual Development Plans and functional plans; and
3. The property is presently provided with adequate public facilities, services and transportation networks to support the use, or these facilities, services and transportation networks are planned to
be provided concurrently with the development of the property. 4. Legislative Zoning Map amendments that involve a Metro Plan Diagram amendment shall:
a. Meet the approval criteria specified in Section 5.14-100; and
b. Comply with Oregon Administrative Rule (OAR) 660-012-0060, where applicable.
Proposed Findings In Support of Zone Change Approval
Criterion: Zoning Map amendment criteria of approval: 1. Consistency with applicable Metro Plan policies and the Metro Plan diagram; Finding 1: In accordance with the Parks and Recreation Facilities Element of the Metro Plan, a parks and
recreation program with sufficient diversity to meet the needs of the residents is key to enhancing the livability of a community. Neighborhood parks are one type of recreation facility that can meet this need by providing play fields, activity courts and play structures for nearby residents.
Finding 2: Metro Plan Policy H.2, Page III-H-4 states: “Local parks and recreation plans and analyses shall be prepared by each jurisdiction and coordinated on a metropolitan level. The park standards adopted
by the applicable city and incorporated into the city’s development code shall be used in local development processes.”
Finding 3: In accordance with Metro Plan Policy H.3, Page III-H-4, acquisition of park land in projected growth areas shall be coordinated with developers to serve the needs of their developments.
Finding 4: Consistent with the Metro Plan policies, Willamalane obtained the park land through a donation from Breeden Bros. Inc., the developers of the adjacent River Heights subdivision. The plat for the River
Heights subdivision (recorded in 2010) provided for dedication of the 11-acre tract as a public park and the property was subsequently transferred to Willamalane.
2. Consistency with applicable Refinement Plans, Plan District maps, Conceptual Development Plans and
functional plans;
Finding 5: There is no adopted neighborhood Refinement Plan or Conceptual Development Plan specific to this area of Springfield. Therefore, the Metro Plan diagram remains the prevailing comprehensive plan diagram for this site.
Finding 6: The subject site is identified for future neighborhood park development as the “Moe Mountain
Linear Park” (Project 4.3b) in the adopted Willamalane Comprehensive Plan, which is a refinement plan to
the Metro Plan. The subject site is designated as a natural area park that would have limited improvements such as a public recreational pathway and other small-scale features such as signage and benches.
Attachment 1, Page 2 of 4
Finding 7: Consistent with provisions of the Metro Plan and the adopted Willamalane Comprehensive Plan, the proposed natural area park would be subject to a separate Site Plan Review process prior to any
improvements being constructed on the site.
Finding 8: The City previously adopted the Residential Land Use and Housing Element of the Springfield
2030 Refinement Plan. In accordance with Policy H.14, existing neighborhood refinement plan policies
and new plans shall emphasize the enhancement of residential neighborhood identity through improved walkability and safety and improved convenient access to neighborhood services parks schools and
employment opportunities.
Finding 9: The Springfield Residential Land and Housing Needs Analysis prepared by ECONorthwest in
2011 identifies a variety of non-residential land uses that are needed to serve the community, including
parks and schools. The ECONorthwest study determined there is a 300-acre deficit of land designated for parks and open space in the city. The requested zone change would reduce this deficit once a public natural
area park is developed on the property. 3. The property is presently provided with adequate public facilities, services and transportation
networks to support the use, or these facilities, services and transportation networks are planned to be provided concurrently with the development of the property.
Finding 10: The property requested for Zone Change has a full range of public utilities and services available, and a developed urban transportation network (V Street, River Heights Drive, and 37th Place) along portions of the property frontage. At this point, no urban utilities have been requested to serve the
future park area. Potential utility requirements could include potable water for water fountains and restrooms and electricity for illumination of pathway intersections with the sidewalk system. Other utilities
(including but not limited to sanitary sewer and telecommunications) can be extended to the property as
future development requirements dictate.
4. Legislative Zoning Map amendments that involve a Metro Plan Diagram amendment shall:
a. Meet the approval criteria specified in Section 5.14-100; and
b. Comply with Oregon Administrative Rule (OAR) 660-012-0060, where applicable.
Finding 11: The requested Zone Change is being undertaken as a site-specific change in compliance with provisions of the adopted Metro Plan and Section 3.2-705.B of the City’s Development Code. Because the proposed PLO zoning is compatible with the Metro Plan land use designation, a Metro Plan diagram
amendment is not required or warranted. Therefore, this criterion is not applicable.
Conclusion: Based on the above-listed criteria, staff recommends support for the request as the proposal meets the
stated criteria for Zone Change approval in accordance with provisions of the Metro Plan and the Springfield Development Code.
Conditions of Approval SDC Section 5.22-120 allows for the Approval Authority to attach conditions of approval to a Zone Change request
to ensure the application fully meets the criteria of approval. The specific language from the code section is cited
below:
Attachment 1, Page 3 of 4
5.22-120 CONDITIONS The Approval Authority may attach conditions as may be reasonably necessary in order to allow the Zoning
Map amendment to be granted.
The subject property is designated as a neighborhood natural area park and, as such, it is not expected that extensive
development will occur on the property. Future site development with paved pathways and other improvements would be subject to the provisions of the SDC for the PLO zoning district.
The Planning Commission may choose to apply conditions of approval as necessary to comply with the Zone Change criteria.
Additional Approvals The subject application is the first step in a series of land use actions necessary for the applicant to proceed with
development plans for a monopine WTS tower on the adjacent property to the east (Tax Lot 801) – see Cases TYP317-00001 and TYP217-00001 submitted under separate cover. However, staff advises that the requested Zoning Map amendment also can be reviewed and approved on its own merit because it brings the site into
conformity with the Willamalane Comprehensive Plan irrespective of the concurrent development plans for the adjacent site. Rezoning the property to PLO would facilitate future City review of a Site Plan Review application
for neighborhood park development.
Attachment 1, Page 4 of 4
City of Springfield
Development Services Department
225 Fifth Street
Springfield, OR 97477
Zoning Map Amendment, Type III
Required Project Information (Applicant: complete this section)
Applicant Name: Phone:
Company: Fax:
Address:
Applicant Signature:
Property Owner: Phone:
Company: Fax:
Address:
Owner Signature:
If the applicant is other than the owner, the owner hereby grants permission for the applicant to act in his or her behalf
ASSESSOR'S MAP NO: TAX LOT NO(S):
Property Address:
Area of Request Square Feet: Acres:
Existing Use(s)
of Property:
Description of
The Proposal:
Required Property Information (City Intake Staff: complete this section)
Case No.: Date:
Received by:
(initials)
Application Fee: Postage Fee: Total Fee:
Edited 7/19/2007 bjones
Attachment 2, Page 1 of 35
Zoning Map Amendment Submittal Requirements Checklist
1.The application fee - Refer to the Development Code Fee Schedule for the
appropriate application and postage fee. A copy of the Fee Schedule is available at
the Development Services Department.
2.Deed - A copy of the deed to show ownership.
3.Vicinity Map – A map of the property and the surrounding vicinity which includes
the existing zoning and plan designations. One copy must be reduced to 8 ½” by
11” which will be mailed as part of the required neighboring property notification
packet.
4.Findings - Before the Planning Commission can approve a Zone/Overlay District
Change Request, there must be information submitted by the applicant which
adequately supports the request. The Criteria the Planning Commission will
consider in making their decision is listed below. If insufficient or unclear data is
submitted by the applicant, there is a good change that the request will be denied
or delayed. It is recommended that you hire a professional planner or land use
attorney to prepare your findings.
Criteria of Approval (Quasi-judicial)
SDC 12.030 requires that in reaching a decision on these actions, the Planning
Commission or Hearings Official map approve, approve with conditions or deny a quasi-
judicial Zoning Map amendment based upon approval criteria (a)-(c), below.
(a) Consistency with the Metro Plan policies and the Metro Plan Diagram;
(b) Consistency with applicable Refinement Plans, Plan District maps, Conceptual
Development Plans and functional plans; and
(c) The property is presently provided with adequate public facilities, services and
transportation networks to support the use, or these facilities, services and
transportation networks are planned to be provided concurrently with the
development of the property.
Attachment 2, Page 2 of 35
Attachment 2, Page 3 of 35
Attachment 2, Page 4 of 35
CITY OF SPRINGFIELD
ZONING MAP AMENDMENT APPLICATION
VERIZON WIRELESS
WILLAMALANE PARK & RECREATION DISTRICT’S
MOE PROPERTY
JANUARY 4, 2017
Attachment 2, Page 5 of 35
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INDEX
LAND USE APPLICATION FORMS
ZONING MAP AMENDMENT WRITTEN STATEMENT
1 Project Information ............................................................................................................................... 1
2 Description of Proposal ......................................................................................................................... 3
2.1 Overview ....................................................................................................................................... 3
2.2 Location ........................................................................................................................................ 3
2.3 Purpose and Need ......................................................................................................................... 3
2.4 Land Use Requirements ................................................................................................................ 4
2.5 Summary of Request ..................................................................................................................... 4
3 Existing Conditions ............................................................................................................................... 5
3.1 Natural Features ............................................................................................................................ 5
3.2 Developed Features ....................................................................................................................... 5
4 Submittal Requirements ........................................................................................................................ 7
4.1 Zoning Map Amendment Submittal Requirements ...................................................................... 7
5 Approval Criteria and Standards ........................................................................................................... 8
5.1 Zoning Map Amendment Criteria ................................................................................................. 9
5.1.1 Consistency with applicable Metro Plan policies and the Metro Plan diagram. .................. 9
5.1.2 Consistency with applicable Refinement Plans, Plan District Maps, and Conceptual
Development Plans and Functional plan; ............................................................................................ 13
5.1.3 The property is presently provided with adequate public facilities, services and transportation networks to support the use, or facilities, services and transportation networks are
planned to be provided concurrently with the development of the property. ..................................... 14
5.2 Conclusion .................................................................................................................................. 15
EXHIBITS
A. DEED
B. VICINITY MAP
C. INTERGOVERNMENTAL AGREEMENT – RAINBOW WATER DISTRICT
AND WILLAMALANE PARKS & RECREATION DISTRICT
Attachment 2, Page 7 of 35
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Attachment 2, Page 8 of 35
WRITTEN STATEMENT
_______________________________________
1 Project Information
Applicant’s Request: Zoning Map Amendment from Low Density Residential
to Public Land and Open Space.
Property Owner: Tax Lot 05000 Willamalane Parks & Recreation District
250 S. 32nd Street Springfield, OR 97478
Applicant: Kelly Lea Verizon Wireless
5430 NE 122nd Ave Portland, OR 97230 503-408-3479
Applicant’s Representative: Peter Mauro Centerline Solutions, LLC
6623 NE 78th Ct., Suite B-1 Portland, OR 97218
971-270-1930 x5026
pmauro@centerlinesolutions.com
Project Name: VZW EUG Harvest
Subject property: Assessor’s Map 17-02-30-12
Tax Lot: 05000
Location: No situs address
Lat: 44.067340°, Long: -122.976059° Property Size: 11.00 Acres (479,160 square feet)
Total Development Area: 11.00 Acres (479,160 square feet)
Plan Designation: Low Density Residential Plan Overlay Designation: N/A
Zoning Designation: Low Density Residential
Overlay Zoning Designation: N/A
Development Issues Meeting: PRE16-00037
Attachment 2, Page 9 of 35
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Attachment 2, Page 10 of 35
2 Description of Proposal
2.1 Overview
Verizon Wireless (VAW) LLC d/b/a Verizon Wireless (the “Applicant”) requests approval of a Zoning
Map Amendment from Low Density Residential (“LDR”) to Public Land and Open Space (“PLO”). The requested change would preserve the current character and use of the affected parcel, which is owned by Willamalane Park & Recreation District (“Willamalane”), and is a natural resource area with a gravel
trail. Pursuant to ORS 227.175(2), Applicant is submitting this zoning map amendment application concurrently and as part of a consolidated application with a Type III Site Plan Review application for a
wireless communications tower on Rainbow Water District’s adjacent parcel, as well as a Type III
Discretionary Use application for the same development.
2.2 Location
The property that is the subject of this zoning map amendment application is located in north Springfield and lies entirely within the Eugene-Springfield Metropolitan Area General Plan1 (hereinafter “Metro
Plan”) Boundary, and within the City of Springfield Urban Growth Boundary (“UGB”). The Vicinity Map, attached as Exhibit B, shows the subject site to be west of 37th Place, southwest of Vitus Lane, and south of River Heights Drive. The southern border of the subject site runs roughly through the Irving
Slough that traverses the property’s southern border in a northwest direction from Marcola Road to 33rd Street. Applicant proposes that the entire subject site be changed from LDR to PLO.
At 11.00 acres, the site is identified on Lane County Assessor’s Map No. 17-02-30-12 as tax lot 5000. The subject site’s property owner, Willamalane, refers to the site variously as the “Moe Property” and
“Moe Mountain Linear Park”. The subject site lies at the south side of the base of Vitus Butte. Similar to
the parcel along its north border, this site remains a large, undeveloped tract of land with only a gravel path traversing its southern border adjacent to the nearby Irving Slough. Across the slough to the
southwest, and northwest of the subject site lies residential developments. Additionally, south of the
subject site is the Oregon National Guard Armory. The Armory is located on a 22.5-acre parcel zoned heavy industrial.
2.3 Purpose and Need
Applicant proposes to amend the zoning map in order to eventually construct a wireless communications
facility on the adjacent parcel to the north of the subject property. Rainbow Water District owns the
adjacent parcel (parcel and tax lot number 1702300000801) upon which Applicant intends to install a stealthed 125’ communications tower, in conformance with the development standards for that parcel and
wireless communication facilities.2 This parcel is zoned PLO, and although Springfield Code allows for stealthed wireless communication facilities to be sited on PLO land3, the height setback on Rainbow Water District’s property is limited to 50’ within the setback area due to the subject site being zoned
LDR.4
1 Lane Council of Governments, Eugene-Springfield Metropolitan Area General Plan, 2015 (hereafter, “METRO
PLAN”). 2 Springfield Dev. Code §§ 4.3-145 and 3.2-715 (2016). 3 Springfield, Oregon. Ordinance No. 6359 (2016).
4 Springfield Dev. Code § 4.3-145(F)(8) (2016).
Attachment 2, Page 11 of 35
The use of the subject site is not truly residential in character because it has no residences or significant
development of any kind.5 Because Willamalane intends for the future use of the subject site to remain as a natural resource area with a future multi-use path, a change to the zoning map serves the interests of all parties. After consultation between Rainbow Water District and Willamalane, those two entities entered
into an intergovernmental agreement, attached hereto as Exhibit C. This intergovernmental agreement sets forth and agreement between the two districts to pursue a zoning map amendment for the subject site, and
explicitly authorizes Applicant to represent Willamalane to that end.
2.4 Land Use Requirements
Willamalane intends to install a multi-use path over the existing gravel path at the subject site in both its Comprehensive Plan6 and Natural Resource Area Management Plan.7 However, Applicant does not know when this future development will commence, and is not submitting any applications associated
with that future development at this time. Pursuant to ORS 227.175(2), Applicant is submitting this zoning map amendment application
concurrently and as part of a consolidated application with a Type III Site Plan Review application for a wireless communications tower on Rainbow Water District’s adjacent parcel, as well as a Type III Discretionary Use application for the same development. Therefore, the zoning map amendment, Type
III Site Plan Review application and Type III Discretionary Use application should be processed concurrently as part of a consolidated application procedure.
2.5 Summary of Request
As described above, this proposal is for:
Type III, Quasi-judicial, Zoning Map Amendment, as specified in SDC § 5.22-100.
Pursuant to ORS 227.175(2), Applicant is submitting additional applications to be processed concurrently as part of a consolidated application procedure:
Type III, Quasi-judicial, Site Plan Review, as specified in SDC § 5.17-100, and
Type III, Quasi-judicial, Discretionary Use, as specified in SDC § 5.9-100. Findings demonstrating consistency with applicable SDC policies, approval criteria, and standards are
provided in the following Section 5 Approval Criteria and Standards. The attached materials and enclosed findings demonstrate compliance with all Zoning Map Amendment application submittal requirements and criteria listed in SDC § 5.22-100 Zoning Map Amendments.
5 The METRO PLAN provides no definition of general Residential use, but it does define the three different residential
density designations thus: “Low density residential—Through 10 units per gross acre; Medium density residential—
Over 10 through 20 units per gross acre; and High density residential—Over 20 units per gross acre.” METRO PLAN, at II-G-4. 6 Willamalane Parks and Recreation District, Comprehensive Plan, 46 (2012).
7 Willamalane Parks and Recreation District, Natural Resource Area Management Plan, 32 (2012).
Attachment 2, Page 12 of 35
3 Existing Conditions
3.1 Natural Features
The site consists of a variety of natural habitats, including an aquatic habitat, an oak woodland, and a mix of prairie and grasslands interspersed with woodlands.8 The oak woodlands, aquatic habitat and upland prairie and upland grasslands are rare habits. The site’s vegetative cover is comprised of mostly native
overstory, with some invasive species also present (English, blackberry and non-native grasses).9
The Irving Slough is situated on the southern border of the subject site. The Irving Slough is a perennial
waterway, though the site is not within the mapped 100-year floodplain. The slough also is part of the local wetland inventory, and is designated as RLP (Riverine, Lacustrine, Palustrine).10 A smaller portion
of the slough near the northwest corner of the subject site is designated as PEMC (Palustrine, Emergent,
Seasonally Flooded).11
3.2 Developed Features
There is a gravel trail that traverses the southern boundary of the property in a northwest to southeast direction. Although the trail traverses most of the southern border of the property, it does not connect to
the right of ways at the southeast and northwest ends of the trail.
8 Id.
9 Id. 10 Lane County, Tax and Zoning Map, available at http://lcmaps.lanecounty.org/LaneCountyMaps/ ZoneAndPlanMapsApp/index.html (last accessed January 3, 2017).
11 Id.
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4 Submittal Requirements
Described below are each of the procedural requirements necessary for the submittal of a Zoning Map Amendment, per SDC § 5.22-100. Findings of compliance with applicable policies, approval criteria, and
standards are provided in Section 5 Approval Criteria and Standards.
4.1 Zoning Map Amendment Submittal Requirements
1.The application fee - Refer to the Development Code Fee Schedule for the appropriateapplication and postage fee. A copy of the Fee Schedule is available at the DevelopmentServices Department.
The required filing fee of $6,182.30 is included with this application.
2.Deed - A copy of the deed to show ownership.
A copy of the deed is included as Exhibit A.
3.Vicinity Map – A map of the property and the surrounding vicinity which includes theexisting zoning and plan designations. One copy must be reduced to 8 ½” by 11” whichwill be mailed as part of the required neighboring property notification packet.
The vicinity map is included as Exhibit B.
4.Findings - Before the Planning Commission can approve a Zone/Overlay District
Change Request, there must be information submitted by the applicant whichadequately supports the request. The Criteria the Planning Commission will consider inmaking their decision is listed below. If insufficient or unclear data is submitted by the
applicant, there is a good change that the request will be denied or delayed. It isrecommended that you hire a professional planner or land use attorney to prepare yourfindings.
Criteria of Approval (Quasi-judicial) SDC § 12.030 requires that in reaching a decisionon these actions, the Planning Commission or Hearings Official map approve, approve
with conditions or deny a quasi-judicial Zoning Map amendment based upon approvalcriteria (a)-(c), below.
(a) Consistency with the Metro Plan policies and the Metro Plan Diagram;
(b) Consistency with applicable Refinement Plans, Plan District maps, Conceptual Development Plans and functional plans; and
(c) The property is presently provided with adequate public facilities, services and transportation networks to support the use, or these facilities, services and transportation networks are planned to be provided concurrently with the
development of the property.
The preceding section details the proposed change and includes all relevant information. The
following section 5 addresses the criteria of approval.
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5 Approval Criteria and Standards
The subject site is located entirely within both the Metro Plan boundary and the Urban Growth Boundary.12 Findings of compliance with the applicable approval criteria are provided below.
5.1 Zoning Map Amendment Criteria
This proposal is subject to the Quasi-judicial Zoning Map Amendment approval criteria, as specified in
SDC § 5.22-115(C)(1)-(3):
1.Consistency with applicable Metro Plan policies and the Metro Plan diagram;
2.Consistency with applicable Refinement Plans, Plan District maps, ConceptualDevelopment Plans and functional plans; and
3.The property is presently provided with adequate public facilities, services andtransportation networks to support the use, or these facilities, services and
transportation networks are planned to be provided concurrently with the developmentof the property.
Quasi-judicial Zoning Map Amendments involve the application of existing policy to a specific fact finding, generally affecting a single or limited group or limited group of properties and may or may not
include a Metro Plan diagram amendment. This proposal is for a single property, is not proposed for subdivision, and has Willamalane as its sole owner, and thus qualifies for consideration as a Quasi-judicial Zoning Map Amendment application.
The following narrative addresses the three applicable approval criteria (i.e. those provided above) and
demonstrates that the proposed zoning map amendment satisfies these criteria.
5.1.1 Consistency with applicable Metro Plan policies and the Metro Plan diagram.
Metro Plan Policies The proposed zoning map amendment is consistent with the Metro Plan policies and diagrams. The
current use of the subject site is a de facto natural resource area within a residential zone, which complies
with the Metro Plan’s policies with regard to incorporating natural resource area auxiliary uses within residential zones. With the surrounding area zoned primarily as LDR, designating the subject site as PLO
will preserve the seamless residential character of the area as it is enhanced by the presence of a natural open space. The low intensity uses of a PLO zone, while different from some parts of the surrounding area, will connect the subject site to the PLO parcel to the north, and will continue to provide neighboring
residents in low density, single-family homes with an accessible natural resource area that enhances their safety and enjoyment.
One effect of the proposed change to the subject site would be ensuring the long term preservation of the character of the neighborhood. PLO use does not generate the type and intensity of traffic and noise that
are attributable to industrial, commercial or even residential-zoned parcels. With the McKenzie River and
pasturelands outside the UGB to the east of the subject site, preserving the subject parcel as PLO would
12 Lane Council of Governments, Eugene-Springfield Metropolitan Area General Plan - Plan Diagram, 2015
available at http://www.lcog.org/documentcenter/view/144 (hereafter, “METRO PLAN DIAGRAM”).
Attachment 2, Page 17 of 35
facilitate an appropriate transition from residential to pasturelands in the greater area, in regards to both
use and aesthetics.
This request also complements the Metro Plan’s goal to coordinate its long-range planning approach with affected agencies for the provision of needed facilities and services in the metropolitan area.13 Applicant
is mindful of the need to focus on consistency with the various plans, policies, and reports such as the Willamalane Park and Recreation District’s Comprehensive Plan and Natural Resource Area
Management Plan, and the City of Springfield’s Oregon Capital Improvement Program. Throughout the
discussion below the proposed zone map amendment’s consistency with the Metro Plan policies, the parallel goals of the City, Willamalane and Applicant will be addressed.
Metro Plan – Growth Management Policies Because the subject site is within the UGB, the question of the proposed zone map amendment’s
consistency is answered by examining its compatibility with the Metro Plan’s Growth Management goals and policies. The growth management goals of the Metro Plan are threefold:
1. Use urban, urbanizable, and rural lands efficiently.
2. Encourage orderly and efficient conversion of land from rural to urban uses in response to
urban needs, taking into account metropolitan and statewide goals.
3. Protect rural lands best suited for non-urban uses from incompatible urban encroachment.14
Because the subject site is already within the UGB, and the boundary of the City of Springfield, only the
Metro Plan’s first goal for the efficient use of urban lands is applicable to the subject site proposal. The
following discussion of the growth management policies will further elucidate how this project furthers the goals of efficient use of urban land.
Of the Metro Plan’s 31 Growth Management policies, only a limited number of them are applicable to this proposal. Where the policies address unrelated tax matters, development standards, annexation,
urbanizable areas, rural areas, outlying communities and service districts, they pose no conflict with this
proposal. Policies 1, 9 and 31 do pertain to this proposal and are addressed below.
Policy 1. The UGB and sequential development shall continue to be implemented as an essential means to achieve compact urban growth. The provision of all urban services shall be concentrated inside the UGB.
Although the subject site is already within the UGB, adopting the proposed zoning map amendment would further concentrate public and open spaces within the UGB. By preserving the subject site as a
natural resource area with a future multi-use path, public access to such services within the UGB is also maintained. Access to this site is already provided for with existing roads and other nearby multi-use
paths within the UGB, thus lowering the need to provide for such access to natural resource areas outside
the UGB.
Policy 9. A full range of key urban facilities and services shall be provided to urban areas
according to demonstrated need and budgetary priorities.
13 METRO PLAN, at I-2.
14 METRO PLAN, at II-C-1.
Attachment 2, Page 18 of 35
Growth Management Priority 9 is best addressed by looking at the Willamalane’s 2012 Comprehensive
Plan. Among the many functions and services provided by Willamalane, its stewardship of natural
resource areas is especially central to its mission, because “[i]n addition to providing an important habitat, visual, and ecosystem service function, many of these natural resource areas are utilized by the District to
provide sites for nature-based recreation, education, and research.”15
When Willamalane’s Comprehensive Plan was last updated in 2012, the subject site had not yet been
acquired and incorporated in the park system, although the District considered it a desirable property for
the purposes of its Comprehensive Plan goal A36:
Acquire and develop a system of natural-area parks that protects, conserves, and enhances elements of the natural and historic landscape that give the region its unique sense of place.16
In its assessment of the subject site, Willamalane noted that it provides substantial native vegetation in addition to excellent habitat diversity, including aquatic, oak woodland, and prairie and grasslands mixed with woodlands.17 Willamalane has future plans to install a multi-use path over the existing gravel path
across the subject site.18
Policy 30. Eugene, Springfield, and Lane County shall continue to involve affected local
governments and other urban service providers in development of future, applicable Metro Plan revisions, including amendments and updates.
Applicant’s proposal here is supported by both the Rainbow Water District and the Willamalane Parks
and Recreation District. Not only would the proposed amendment inure to the benefit of Willamalane by preserving their current use and future vision for the subject site, but would also allow Rainbow Water
District to continue with its proposed lease of land to Applicant.
Metro Plan – Parks and Recreation Facilities Element The stated goal of the Metro Plan in regards to parks and recreation districts is to “Provide a variety of
parks and recreation facilities to serve the diverse needs of the community’s citizens.”19 The seven policies of the Metro Plan’s Parks and Recreation section are addressed below.
Policy H.1 Develop a system of regional-metropolitan recreational activity areas based on a facilities plan for the metropolitan area that includes acquisition, development, and management
programs. The Metro Plan and system should include reservoir and hill parks, the Willamette River Greenway, and other river corridors.
The subject site was acquired by Willamalane in 2012 following a private donation of the land to the District.20 This acquisition was consistent with the District’s Comprehensive Plan and Natural Resource Area Management Plan, as further discussed in Section 5.1.2. The proposed amendment would further
Policy H.1 by adding the subject site as a zoned public and open spaces area, owned by the District. The
15 Willamalane Parks and Recreation District, Natural Resource Areas Management Plan, 1 (2012).
16 Id., at 3.
17 Id., at 32. 18 Id. 19 METRO PLAN, at III-H-2.
20 See Warranty Deed, Exhibit A.
Attachment 2, Page 19 of 35
subject site is also situated on the Irving Slough, and contains upland habitats, in further conformance
with the Policy.
Policy H.2 Local parks and recreation plans and analyses shall be prepared by each jurisdiction and coordinated on a metropolitan level. The park standards adopted by the applicable city and
incorporated into the city’s development code shall be used in local development processes.
Willamalane regularly prepares and generates updates to its Natural Resource Area Management Plan
and Comprehensive Plan. Willamalane’s acquisition of the subject site was part of its acquisition plans to increase the quantity of natural resource areas accessible to public, and thus furthers the policy of
implementing Willamalane’s plans and analyses.
Policy H.3 Accelerate the acquisition of park land in projected growth areas by establishing
guidelines determining where and when developers will be required to dedicate land for park and recreation facilities, or money in lieu thereof, to serve their developments.
Although this policy would not be affected by the proposed amendment, the subject site is a recent public acquisition of private property and serves as an example of this policy in action.
Policy H.4 Encourage the development of private recreational facilities.
This policy is not affected by the proposed change.
Policy H.5 Develop mechanisms and processes by which residents of an area to be served by a
neighborhood park, neighborhood center, or play lot can participate in the design, development, and maintenance of the facility.
This policy is not affected by the proposed change.
Policy H.6 All metropolitan area parks and recreation programs and districts shall cooperate to
the greatest possible extent in the acquisition of public and private funds to support their operations.
The subject site is an example of the public acquisition of private natural resource areas for park and recreation purposes. Approval of the proposed amendment would complete the process of this acquisition
and further promote this policy.
Policy H.7 The City of Eugene shall cooperate with the University of Oregon in the resolution of any loss of recreational facilities associated with development in the Riverfront Park.
This policy is not affected by the proposed change.
Metro Plan Diagram The underlying plan designation for the subject site is Residential.21 This proposal is for a zoning map
amendment to change the subject residential parcel from LDR to PLO within the residential plan area,
and thus brings up the “Mixed Uses” policy of the Metro Plan Diagram.22 The mixed uses policy specifies that “In the absence of a refinement plan, the underlying plan designation shall determine the
21 METRO PLAN DIAGRAM.
22 METRO PLAN, at II-G-13.
Attachment 2, Page 20 of 35
predominant use.”23 As discussed below, there are no applicable refinement plans for the subject site, and
so the underlying plan designation applies.
The Metro Plan Diagram designates the subject site as Residential.24 The Metro Plan further identifies Residential-designated land as
“…available for auxiliary uses, such as streets, elementary and junior high schools,
neighborhood parks, other public facilities, neighborhood commercial services, and
churches not actually shown on the Metro Plan Diagram. Such auxiliary uses shall be allowed within residential designations if compatible with refinement plans, zoning
ordinances, and other local controls for allowed uses in residential neighborhoods.”25
In its current use, the subject site is an auxiliary use consistent with the Metro Plan Diagram’s policy for
a Residential area. The proposed change to the zoning map would preserve the character that it already has as a neighborhood park, which is compatible with the underlying plan designation because the new site zoning (PLO) would qualify as an allowed auxiliary use as a neighborhood park.
Further, the proposal is consistent with Metro Plan Diagram policy regarding Parks and Open space:
This designation includes existing publicly owned metropolitan and regional scale parks … In addition to those not shown at a neighborhood scale but automatically included inthe gross allocation of residential acres, there is a need for public facilities and open
space at a non-local level, such as regional/metropolitan parks. Several are shown on the Metro Plan Diagram. Those not yet in public ownership are based on environmental
constraints, such as excessive slopes or assets, such as unique vegetation associations. They should be preserved, if possible, through public acquisition or tax relief programs.26 (Emphasis added.)
The subject site is consistent with the Metro Plan Diagram policy above because it was previously under private ownership, and has sections with extreme slope and unique vegetation.27 Willamalane acquired
the site in 2012, and this proposed zoning map amendment merely completes the acquisition policy
recommendation under the Metro Plan Diagram.
5.1.2 Consistency with applicable Refinement Plans, Plan District Maps, and Conceptual
Development Plans and Functional plan;
Refinement Plans and Plan Districts This site is not within an area subject to an adopted refinement plan, so this element of this criterion does not apply. The subject site also lies outside of the Glenwood Riverfront Mixed-Use Plan District and the
Booth-Kelly Mixed-Use Plan District, and thus the second element does not apply. If the proposed amendment is adopted, the site would then be subject to SDC § 3.2-715 Base Zone Development
23 Id.
24 METRO PLAN DIAGRAM.
25 METRO PLAN, II-G-4. Moreover, the METRO PLAN states that in reference to the METRO PLAN
DIAGRAM (Section II-G), “statements in this section that prescribe specific courses of action
regarding the community’s future should be regarded as policies.” Id., at II-G-2. 26 Id. at II-G-10.
27 Willamalane Parks and Recreation District, Natural Resource Areas Management Plan, 32 (2012).
Attachment 2, Page 21 of 35
Standards—PLO Zoning District Requirement. The site would be in conformance with all standards
under this code section.
Conceptual Development Plans and Functional Plans Willamalane has two development plans that refer to this site as a priority site. They are:
Willamalane Parks and Recreation District, Comprehensive Plan, 2012; and
Willamalane Parks and Recreation District, Natural Resource Areas Management Plan, 2012.
These plans both identify this site as desirable for addition to the park system. The Natural Resource Area Management Plan described the site thus:
This future Willamalane Park includes a diverse range of habitat types that extend down the southwest facing slopes of Vitus Butte. A planned multi-use path will provide excellent public access in the future and great opportunities for enhancement of rare habitat types exists.28
The Natural Resource Areas Management Plan also placed the priority for development of the subject
site at #12, out of 20 total projects.29
Further, the Comprehensive Plan identified acquisition of the subject parcel with promoting several
comprehensive plan policies. One such policy is their linear parks and trail policy:
A53. Develop linear parks and trails that preserve open space and provide opportunities for trail-
oriented activities, such as walking, running, bicycling, skating, etc. Linear parks also may provide neighborhood recreation facilities when adequate space is available.30
As explained in the Comprehensive Plan, the project scope included acquiring a site, developing a shared-
use path connecting the EWEB Bike Path to the McKenzie Levee Path, and making other improvements on an interim basis.31
The above findings together with the narrative and documentation submitted demonstrate that the proposed zone map amendment is consistent with the applicable plans, and that this criterion has been
met to the greatest extent possible.
5.1.3 The property is presently provided with adequate public facilities, services and
transportation networks to support the use, or facilities, services and transportation networks are planned to be provided concurrently with the development of the property.
The subject site’s current use is a natural resource area with no development except a gravel path. At some point in the future Willamalane intends to upgrade the existing path to a multi-use path that
connects with the EWEB Bike Path and McKenzie Levee Path. Although all public facilities are available
in the area for future development, no such need is anticipated under the current and foreseeable use by Willamalane. As noted previously, adopting the proposed amendment would preserve the character of the
area as a natural resource area that does not need additional public facilities.
28 Willamalane Parks and Recreation District, Natural Resource Areas Management Plan, 29 (2012). 29 Id. at 54. 30 Willamalane Parks and Recreation District, Comprehensive Plan, 45 (2012).
31 Id., 46.
Attachment 2, Page 22 of 35
5.2 Conclusion
Based on the information provided, supporting materials and finding showing that the proposed amendment is consistent with all applicable approval criteria, Applicant respectfully requests approval of
the proposed Zoning Map Amendment application, as well approval of the Type III Discretionary Use
Permit and Site Plan Review for a camouflaged wireless communications tower facility on property owned by Rainbow Water District.
Attachment 2, Page 23 of 35
Attachment 2, Page 24 of 35
Exhibit A __________________
Deed
Attachment 2, Page 25 of 35
Attachment 2, Page 26 of 35
Attachment 2, Page 27 of 35
Exhibit B __________________
Vicinity Map
Attachment 2, Page 28 of 35
Subject Site of Zone Map Amendment Application. Attachment 2, Page 29 of 35
Subject Site of Zone Map
Amendment Application. Attachment 2, Page 30 of 35
Exhibit C _________________
Intergovernmental Agreement
Attachment 2, Page 31 of 35
Attachment 2, Page 32 of 35
Attachment 2, Page 33 of 35
Attachment 2, Page 34 of 35
Attachment 2, Page 35 of 35
BEFORE THE PLANNING COMMISSION OF THE
CITY OF SPRINGFIELD, OREGON REQUEST FOR ZONING MAP AMENDMENT + CASE NO. TYP317-00002
+ FINDINGS, CONCLUSIONS, + AND ORDER NATURE OF THE APPLICATION
Zone change from Low Density Residential to Public Land and Open Space for Assessor’s Map 17-02-30-12, Tax Lot 5000, which is vacant and not currently assigned a street address.
1. On January 5, 2017 the following application for a Zoning Map Amendment was accepted:
Rezone approximately 11 acres of land from Low Density Residential to Public Land and Open
Space, Case Number TYP317-00002, Kelly Lea, Verizon Wireless, applicant. The area requested for rezoning is generally depicted and more particularly described in Attachment 1 to this Final
Order. 2. The application was submitted in accordance with Section 5.4-105 of the Springfield
Development Code. Timely and sufficient notice of the public hearing, pursuant to Section 5.2-
115 of the Springfield Development Code, was provided.
3. On February 22, 2017 a public hearing on the Zoning Map Amendment request was held. The
Development and Public Works Department staff notes including criteria of approval, findings and recommendations, together with the testimony and submittals of the persons testifying at that
hearing 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
criteria of Section 5.22-115 of the Springfield Development Code. This general finding is supported by
the specific findings of fact and conclusions in the staff report (Exhibit A) attached hereto.
ORDER
It is ORDERED by the Planning Commission of Springfield that Case Number TYP317-00002, Zoning
Map Amendment Request, be approved. This ORDER was presented to and approved by the Planning Commission on February 22, 2017.
_______________________________
Planning Commission Chairperson ATTEST AYES:
NOES: ABSENT: ABSTAIN:
Legal Description Tract A, River Heights Subdivision, as platted and recorded June 29, 2010, Reception No. 2010-030309,
Lane County Deeds and Records in Lane County, Oregon.
Oregon National Guard Armory
SITE
Attachment 1, Page 1 of 1