HomeMy WebLinkAbout2013 09 17 AIS RS DPW Amigos III Zone Change RequestAGENDA ITEM SUMMARY Meeting Date: 9/17/2013
Meeting Type: Regular Meeting
Staff Contact/Dept.: Andy Limbird/DPW Staff Phone No: 541-726-3784
Estimated Time: 15 Minutes
S P R I N G F I E L D PLANNING COMMISSION Council Goals: Encourage Economic Development and
Revitalization through Community Partnerships
ITEM TITLE: REQUEST FOR ZONE CHANGE APPROVAL ON PROPERTY LOCATED AT 5880 MAIN STREET AND ADJACENT VACANT PARCEL
ACTION
REQUESTED:
Planning Commission approval of this Zone Change request (TYP313-00003) by
motion.
ISSUE
STATEMENT:
The Planning Commission is requested to conduct a public hearing and decide
whether or not to approve a Zone Change request from General Office (GO) to Neighborhood Commercial (NC)
ATTACHMENTS: Attachment 1: Staff Report and Findings
Attachment 2: Current and Proposed Zoning of Subject Site Map-A and Vicinity Map-B
Attachment 3: Legal Descriptions for Tax Lots 202 Legal-A and 400 Legal-B Attachment 4: Application Attachment 5: Planning Commission Final Order
DISCUSSION: The affected properties include a developed commercial parcel municipally addressed as 5880 Main Street (Map 17-02-34-32, Tax Lot 400) and an adjoining
parcel that is vacant and not currently addressed (Map 17-02-34-32, Tax Lot 202).
The developed parcel (Tax Lot 400) contains a building formerly occupied by Liberty Bank and which is now unoccupied. Both properties are currently zoned as
General Office (GO) as depicted on the Springfield Zoning Map. The adopted
comprehensive plan for this area of Springfield (the Metro Plan) designates the subject properties for Medium Density Residential (MDR) use. Zoning of
properties in the immediate vicinity of the subject site include General Office (north
and east), Community Commercial (west), Neighborhood Commercial (south), Public Land and Open Space (north), Medium Density Residential (east and south),
and Low Density Residential (northwest). Tax Lot 400 was developed with the Liberty Bank building in 2006 and Tax Lot
202 is part of the Thurston Crossing commercial development approved in 2007. The Thurston Crossing commercial development has not been completed and,
according to the applicant’s submittal, rezoning the parcels to Neighborhood
Commercial allows for a greater range of potential uses for the properties. As such, the rezoning request is intended to facilitate a new occupancy of the vacant Liberty
Bank building and a Site Plan Review application for development of Tax Lot 202.
In accordance with Section 3.2-305.A of the Springfield Development Code, Neighborhood Commercial uses provide modest-sized sites for day to day
commercial needs of the immediate neighborhood and are intended to blend in with
adjacent residential areas. Use of NC zoning is always a small-scale, site-specific action that is permitted under specific conditions in most Metro Plan land use
designations, including all residential designations.
Staff Report and Findings Planning Commission Zone Change Request (Micheal Reeder)
Hearing Date: September 17, 2013
Case Number: TYP313-00003 Applicant: Micheal Reeder on behalf of Amigos III, LLC and Daryl Fedak
Property Owners: Amigos III, LLC
Site: 5880 Main Street and Adjoining Vacant Parcel (Map 17-02-34-32, Tax Lots 202 & 400)
Request
Rezone Tax Lots 202 and 400 from General Office (GO) to Neighborhood Commercial (NC).
Site Information/Background
The application was initiated and accepted as complete on June 24, 2013, and the public hearing on the matter of the Zone Change request is scheduled for September 17, 2013. The City conducted a Development Review Committee meeting on the Zone Change request on August 27, 2013.
The properties that are subject of the Zone Change request are partially developed. The eastern parcel (Tax Lot 400) is developed with a former Liberty Bank building, drive-through aisles, landscaping and
parking lot. The building is municipally addressed as 5880 Main Street and is currently unoccupied. The adjoining vacant parcel to the west (Tax Lot 202) does not have an assigned address. Current zoning for
both properties is General Office (GO) as depicted on the Springfield Zoning Map. The adopted Metro
Plan diagram designation for both properties is Medium Density Residential. Zoning districts that implement this plan designation include: MDR-Medium Density Residential zoning; GO-General Office
zoning in specific circumstances; and NC-Neighborhood Commercial zoning in specific circumstances.
In accordance with Section 3.2-305.A of the Springfield Development Code (SDC), Neighborhood
Commercial uses are intended for sites up to 3 acres in size to provide day-to-day commercial needs for
local residents. Developments on NC sites should enhance rather than intrude on the character of a neighborhood by employing landscaping and design features that are consistent and compatible with
adjacent residential uses. As such, NC zoning can be employed for site-specific developments where the plan diagram designation of the underlying parcel is commercial or residential. 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.
Notification and Written Comments
Notification of the September 17th Planning Commission public hearing was sent to all property owners and residents within 300 feet of the site on August 21, 2013. Notification was also published in the September 10th edition of The Register Guard. 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:
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: Metro Plan Policy B.6 states: “Increase the amount of undeveloped land zoned for light industrial and commercial uses correlating the effective supply in terms of suitability and
availability with the projections of demand.” As concluded by the recent Commercial-Industrial
Buildable Lands (CIBL) Study the City’s 20-year inventory has an overall deficiency of readily available commercial and industrial land.
Finding: Metro Plan Policy B.28, Page III-B-6 states: “Recognize the vital role of neighborhood commercial facilities in providing services and goods to a particular neighborhood.”
Finding: Metro Plan Policy B.29, Page III-B-6 states: “Encourage the expansion or
redevelopment of existing neighborhood commercial facilities as surrounding residential densities
increase or as the characteristics of the support population change.”
Finding: The proposed zone change is consistent with provisions of the Metro Plan whereby
zoning can be monitored and adjusted as necessary to meet current urban land use demands. The requested change from GO to NC expands the range of potential uses on the properties with
the intent to achieve occupancy of the vacant bank building and completion of site development
on Tax Lot 202.
Finding: Staff observes that properties in the vicinity of the subject sites have a mix of
commercial and residential zoning, including Community Commercial (CC), GO, NC and MDR. The proposed Zone Change is consistent with existing nearby zoning; the zone change is
compatible with nearby uses as it continues to provide for a linear reduction (west to east) in the intensity of permitted uses as these non-residential zones approach the residential developments to the east.
2. Consistency with applicable Refinement Plans, Plan District maps, Conceptual Development Plans and functional plans;
Finding: There are no adopted Refinement Plans or Conceptual Development Plans for this area of Springfield. Therefore, the Metro Plan diagram remains the prevailing land use plan diagram
for this site.
Finding: The City recently adopted the Residential Land Use and Housing Element of the
Springfield 2030 Refinement Plan. This property was not identified as residential inventory in
those documents because of its GO zoning and partial non-residential development. The proposed zone change only includes property not included in inventory calculations therefore
there is no effect on projected need. This proposed action is not inconsistent with provisions of this Refinement Plan element.
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: The properties requested for Zone Change are already provided with the full range of public utilities and services, and a fully developed transportation network: Tax Lots 202 and 400
have frontage on Main Street along the south boundary, and Tax Lot 202 also has frontage on A Street along the north edge of the site. A shared private driveway runs north-south through the
two properties between Main Street and A Street. Future development or redevelopment of the
site with Neighborhood Commercial use(s) will be subject to the land use approval process.
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: The requested Zone Change is being undertaken as a site-specific change in
compliance with provisions of the adopted Metro Plan and the City’s Development Code. Because the proposed zoning is consistent and 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:
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. Staff advises that the Zone Change request was initiated in accordance with provisions of the City’s
Development Code. The proposal was found to be consistent with the criteria of approval without need for conditions to reaffirm these findings or provide that future implementation maintains this consistency.
There are no specific conditions of approval recommended for this application.
The Planning Commission may choose to apply conditions of approval as necessary to comply with the
Zone Change criteria or as further demonstrated by testimony and evidence entered into the record of the hearing.
Additional Approvals The subject application will facilitate review of future land use applications for the affected parcels. Any
future site development, including but not limited to new construction on vacant Tax Lot 202 or a change
of occupancy for the vacant bank building on Tax Lot 400, will be subject to the provisions of the SDC for the applicable zoning district.
Upon approval of the Zone Change request, the contiguous development area (Tax Lots 202 & 400) will be consistent with provisions of the Metro Plan and subject to the NC District provisions of the Springfield
Development Code (ref. SDC 3.2-300).
CURRENT ZONING PROPERTY PROPOSED FOR ZONING MAP AMENDMENT 5880 MAIN ST. & VACANT PARCEL (MAP 17-02-34-32, TAX LOTS 202 & 400)
PROPERTY CURRENTLY ZONED GENERAL OFFICE (GO)
ZONING MAP LEGEND
Low Density Residential (LDR)
Medium Density Residential (MDR)
Community Commercial (CC)
Neighborhood Commercial (NC)
General Office (GO)
Public Land and Open Space (PLO)
SITE
A Street
N
Main Street
TL 202 58th Street A Street
Main Street
TL 400
5818 5850 5808
5892 5880
5790
5940 5944
Attachment 2, Page 1 of 2
PROPOSED ZONING 5880 MAIN ST. & VACANT PARCEL (MAP 17-02-34-32, TAX LOTS 202 & 400) PROPERTY PROPOSED FOR NEIGHBORHOOD COMMERCIAL (NC) ZONING
ZONING MAP LEGEND
Low Density Residential (LDR)
Medium Density Residential (MDR)
Community Commercial (CC)
Neighborhood Commercial (NC)
General Office (GO) Public Land and Open Space (PLO)
A Street
N
Main Street
TL 202 58th Street A Street
Main Street
TL 400
5818 5850 5808
5892 5880
5790
5940 5944
SITE
Attachment 2, Page 2 of 2
LEGAL DESCRIPTION FOR TAX LOT 202
(MAP 17-02-34-32, TL 202)
Parcel 2 of Land Partition Plan No. 2007-P2089, as platted and recorded February 12, 2007, Reception
No. 2007-009319, Lane County Oregon Records.
Attachment 3, Page 1 of 2
LEGAL DESCRIPTION FOR TAX LOT 400
(MAP 17-02-34-32, TL 400)
Situated in the City of Springfield in the Southwest ¼ of Section 34, Township 17 South, Range 2 West of
the Willamette Meridian and described as follows:
Being a portion of the lands that were conveyed to Amigos III, LLC by that certain Warranty Deed that
was recorded May 21, 2004 as Recorder’s No. 2004-038460 in the Official Records of Lane County, State
of Oregon, the perimeter of said lands being more particularly described as follows:
Commencing at the Southwest corner of said lands that were conveyed in Recorder’s No. 2004-038460,
which point lies on the North margin of the McKenzie Highway as established in the conveyance to the
State of Oregon that was recorded March 4, 1963 at Reception No. 1546 in the Official Records of Lane
County, State of Oregon; thence, leaving said point of commencement and along said North margin of
McKenzie Highway South 87° 43’ 15” East 50.00 feet to the true point of beginning; thence, leaving said
true point of beginning and said margin and crossing into said lands that were conveyed in Recorder’s
No. 2004-038460 along the following four numbered courses: (1) North 16° 07’ 28” West 94.08 feet to a
point of tangent curvature to the right; (2) along said curve to the right having a radius center that bears
North 73° 52’ 32” East 72.00 feet, a central angle of 16° 07’ 28”, and a long chord of North 08° 03’ 44”
West 20.20 feet, an arc distance of 20.26 feet to a point of tangent line, which tangent line lies parallel
with and 21.00 feet Easterly by perpendicular measurement from the West line of said lands that were
conveyed in Recorder’s No. 2004-038460; (3) along said tangent/parallel line, North 92.31 feet to a
point; and (4) leaving said tangent/parallel line, East 169.45 feet more or less to a point on the East line
of said lands that were conveyed in Recorder’s No. 2004-038460; thence, along said East line the
following one numbered course: (5) South 208.28 feet more or less to the Southeast corner of last said
lands as said point lies on said North margin of the McKenzie Highway (Reception No. 1546); and thence,
along the South line of last said lands and said North margin the following one numbered course: (6)
North 87° 43’ 15” West 140.60 feet more or less returning to the true point of beginning, in Lane
County, Oregon.
Attachment 3, Page 2 of 2
BEFORE THE PLANNING COMMISSION OF THE CITY OF SPRINGFIELD, OREGON
REQUEST OF ZONE CHANGE + CASE NO. TYP313-00003 + FINDINGS, CONCLUSIONS,
+ AND ORDER NATURE OF THE APPLICATION
Zone change from General Office to Neighborhood Commercial for Assessor’s Map 17-03-34-32, Tax Lots 202 and 400, municipally addressed as 5880 Main Street and adjoining vacant parcel.
1. On June 24, 2013 the following application for a Zone Change was accepted:
Rezone approximately 1.95 acres of land from General Office to Neighborhood Commercial,
Case Number TYP313-00003, Micheal M. Reeder, applicant. The areas requested for rezoning are 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, has been provided.
3. On September 17, 2013 a public hearing on the zone change 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 zone change application is consistent with the criteria of Section 5.22-115 of the Springfield Development Code and with the Residential Land Use and Housing
Element of the Springfield 2030 Refinement Plan. This general finding is supported by the specific
findings of fact and conclusions in the attached staff report (Exhibit A) and revised zoning diagram (Exhibit B) attached hereto.
ORDER
It is ORDERED by the Planning Commission of Springfield that Case Number TYP313-00003, Zone Change Request, be approved. This ORDER was presented to and approved by the Planning Commission on September 17, 2013.
_______________________________
Planning Commission Chairperson ATTEST AYES:
NOES: ABSENT: ABSTAIN:
Attachment 1: Zoning Area Map and Legal Descriptions