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HomeMy WebLinkAbout2013 12 03 AIS PC School District Rezone Mt Vernon PropertyAGENDA ITEM SUMMARY Meeting Date: 12/3/2013 Meeting Type: Regular Meeting Staff Contact/Dept.: Mark Metzger/DPW Staff Phone No: 541-726-3775 Estimated Time: 15 Minutes S P R I N G F I E L D PLANNING COMMISSION Council Goals: Mandate ITEM TITLE: PROPOSED REZONING OF SURPLUS SCHOOL DISTRICT PROPERTY AT 725 SOUTH 42ND STREET ACTION REQUESTED: Conduct a public hearing and approve; approve with conditions; or deny a proposal by the Springfield School District to rezone 3.6 acres of property from Public Land and Open Space (PLO) to Low Density Residential (LDR). ISSUE STATEMENT: School District 19 has declared the property it owns on the northeast corner of 42nd Street and Mt. Vernon/Holly Street to be surplus and intends to market the site. The District seeks to rezone the property to facilitate its sale. At issue is whether the proposed rezoning is consistent with the applicable approval criteria for zone changes. The Staff Report and Recommendation (Attachment 1) provides findings which address conformity of the proposal with those criteria. ATTACHMENTS: 1. Staff Report and Recommendation 2. Applicant’s Submittal 3. PC Order DISCUSSION: The subject site is the location of the old Mt. Vernon Elementary School which was closed several years ago and was demolished in August 2013. Much of the school site was previously partitioned and redeveloped as Volunteer Park, a facility now owned and maintained by Willamalane Park and Recreation District. The remainder of the school site was declared surplus property and is now proposed for rezoning and sale. The current zoning for the subject site and the adjoining Volunteer Park is PLO. The zoning for the park shall remain. The PLO zone is appropriate for a park use, but the District seeks to rezone the subject site to LDR. The proposed rezoning to LDR is intended to make the surplus lot suitable for sale. District 19 will use the proceeds from the sale to help fund other capital projects within the district as allowed by state law. Rezoning to LDR will maintain conformity with the Metro Plan designation. Under the provisions of Section 3.2-205 of the Springfield Development Code, the LDR zone allows for residential development of primarily detached single-family dwellings with a density range of 6 to14 dwelling units per net acre. Duplexes are allowed on corner lots. The zone also provides for a limited range of neighborhood uses that provide services for residents including care facilities and churches which may be approved with a Discretionary Use Permit. Nearby properties on the east side of South 42nd Street are zoned LDR. The neighborhood to the west, across South 42nd Street, is largely Medium Density Residential with some LDR and Community Commercial to the south. School District 19 Mt. Vernon Rd. Zoning Map Amendment Staff Report December 3, 2013 1 City Of Springfield Development Services Department December 3, 2013 Mt Vernon Rd./Holly St. Rezone, School District 19 Staff Report Applicant: Springfield School District 19 Journal No. TYP313-00006 Request: To amend the Springfield Zoning Map to apply the Low Density Residential zone to a 3.6 acre parcel at the corner of S. 42nd Street and Mt. Vernon Rd. which is also known as Holly Street. The parcel is currently zoned Public Land and Open Space (PLO). ProcedureType: Type III—Quasi-Judicial Affected Properties/ Assessor’s Map No. 18-02-05-21 Tax lot 8300 Approximate Area 3.6 acres Attachments: Attachment 1: Current Zoning Map showing the subject property Attachment 2: Proposed Zoning Map showing the subject property I. Executive Summary The subject site is the location of the old Mt. Vernon Elementary School which was closed and demolished in 2013. Much of the school site was previously redeveloped as Volunteer Park, a facility now owned and maintained by Willamalane Park and Recreation District. The remainder of the school site was declared surplus property and is now proposed for rezoning and sale. Vicinity Aerial Attachment 1, Page 1 of 8 School District 19 Mt. Vernon Rd. Zoning Map Amendment Staff Report December 3, 2013 2 The maps below report show the current and proposed zoning for the subject site. The current zoning is Public Land and Open Space (PLO). This proposed zoning, Low Density Residential (LDR), is consistent with the current Metro Plan designation for the property (LDR) found on the Eugene-Springfield Metropolitan Area General Plan Diagram. Subject Site Acres Current Zone Proposed Zone Current Plan Designation Proposed Plan Designation 725 S. 42nd Street 3.6 PLO LDR LDR LDR The staff report below addresses the conditions of approval for Zoning Map amendments and presents findings and suggests conclusions that address those conditions. Staff believes that the proposal satisfies the conditions of approval for zoning map amendments found in Section 5.22-115 of the Springfield Development Code and recommends that the Planning Commission approve the proposed zone change from PLO to LDR for the subject site. II. Background The subject site is the location of the old Mt. Vernon Elementary School which was closed and demolished in August 2013. Much of the school site was previously partitioned and redeveloped as Volunteer Park, a facility now owned and maintained by Willamalane Park and Recreation District. The remainder of the school site was declared surplus property and is now proposed for rezoning and sale. The current zoning for the subject site and the adjoining Volunteer Park is Public Land and Open Space. The PLO zone is appropriate for a park use, but the District seeks to rezone the subject site to Low Density Residential. The current Metro Plan designation for the subject site is LDR. Rezoning to LDR will bring the site into conformity with the Metro Plan. Section 3.2-205 of the Springfield Development Code describes Low Density Residential (LDR) zoning district. The LDR zone establishes sites for residential development where primarily detached single- family dwellings and duplexes are permitted with a density range of 6 to14 dwelling units per net acre. The zone also provides for a limited range of neighborhood uses that provide services for residents. The neighborhood east of the subject site on Mt. Vernon/Holly Street (apart from Volunteer park) is currently zoned LDR. The neighborhood is composed of single family dwellings with a corner duplex located on the corner of S. 42nd and Mt. Vernon Rd. Attachment 1, Page 2 of 8 School District 19 Mt. Vernon Rd. Zoning Map Amendment Staff Report December 3, 2013 3 The neighborhood to the west of the subject site, across South 42nd Street, is largely Medium Density Residential and Community Commercial. The area includes a large duplex subdivision that was recently completed and a mix of single family homes and homes with large deep lots that have additional dwellings sited behind them on the same lot. The proposed rezoning to LDR is intended to make the surplus lot suitable for sale. District 19 will use the proceeds from the sale to help fund other capital projects within the district as allowed by state law. III. Procedural Requirements Section 5.22-110 of the SDC describes the process to be followed when amending the Zoning Map. Since this proposal affects a single site, it is shall be processed as a Type III quasi-judicial action, consistent with the requirements of SDC Section 5.22-110 B. A Type III review process is described in Section 5.1-135 of the SDC. Type III review processes require both newspaper notice and mailed notice to property owners and occupants within 300 feet of the property being reviewed and to the appropriate neighborhood association, where applicable (Section 5.1-135 B of the SDC). This section also requires that a sign be posted on the subject sites. The content and timing of these notices are regulated by Section 5.2-115 of the SDC. Under state regulations following Ballot Measure 56, mailed notice is required at least 30 days prior to the first public hearing by the elected officials. Mailed notice of the proposed Zoning map amendment must be sent to the Department of Land Conservation and Development as specified in ORS 197.610 and OAR 660-18-0020. This notice must be filed no less than 35 days before the first evidentiary hearing. Under a Type III process, the Planning Commission will conduct a public hearing on this matter and will make a decision. Findings: 1. Springfield School District initiated this amendment of the Zoning Map to change the zoning of the subject sites from PLO to LDR on October 16, 2013. 2. A Public hearing was scheduled before the Springfield Planning Commission for December 3, 2013. 3. A “DLCD Notice Proposed Amendment” was mailed to the Department of Land Conservation and Development on October 25, 2013, alerting the agency to the City’s intent to amend the Zoning Map. The notice was mailed more than 35 days in advance of the first evidentiary hearing as required by ORS 197.610. 4. A Development Review Committee meeting was scheduled for November 5, 2013. Findings and conditions of approval issued by participating members are contained in this report. 5. Mailed notice of public hearings concerning the proposed zoning map amendment was sent out on November 12, 2013 to property owners and residents within 300 feet of the subject site. The mailing allowed more than 20 days notice before the first public hearing as required by Section 5.2-115 A of the SDC. A second mailed notice was mailed on November 19 to correct an error in the amount of acreage shown for the property. Attachment 1, Page 3 of 8 School District 19 Mt. Vernon Rd. Zoning Map Amendment Staff Report December 3, 2013 4 6. Notice of the public hearing concerning this matter was published on October 29, 2013 in the Register Guard, advertising the hearing before the Planning Commission on December 3, 2013. The content of the notice followed the direction given in Section 5.2-115 B of the SDC for quasi- judicial actions. Conclusion: Procedural requirements described in Sections 5.2-115 and 5.22-110 of the SDC have been followed. The notice to DLCD, as required by ORS 197.610 and OAR 660-18-0020 for amending the Development Code has also been followed. IV. Decision Criteria and Findings Section 5.22-115 of the SDC describes the criteria to be used in approving a Zoning Map amendment. It states that in reaching a decision, the Planning Commission must adopt findings which demonstrate that the proposed zone change shows: “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.” Criterion #1: “Consistency with applicable Metro Plan policies and the Metro Plan diagram;” Findings 7. The Metro Plan contains a Diagram designating land uses for all parcels within Springfield’s planning jurisdiction. The subject site is currently designated Low Density Residential (LDR) on the Metro Plan Diagram. 8. Section II-G of the Metro Plan includes descriptions of the various plan designations. The designation, “Residential” consists of three designations; Low Density Residential, Medium Density Residential, and High Density Residential (Pg. II-G-3). The current Metro Plan Low Density Residential designation allows for a development density of up to 10 dwelling units per gross acre. The designation also allows for auxiliary uses including public facilities, neighborhood commercial and churches if allowed by the local development code. 9. The proposed zone change from Public Land and Open Space (PLO) to Low Density Residential (LDR) is consistent with the current Low Density Residential Metro Plan designation. The LDR Attachment 1, Page 4 of 8 School District 19 Mt. Vernon Rd. Zoning Map Amendment Staff Report December 3, 2013 5 zoning limits density to the density set by the Low Density Residential Metro Plan designation and allows for the auxiliary uses described in the Plan. Conclusion The proposed Zoning Map amendment will change the PLO zoning to LDR on the subject site. Such a change is consistent with Metro Plan Diagram and designation description for low density residential development. Criterion # 2: “Consistency with applicable Refinement Plans, Plan District maps, Conceptual Development Plans and functional plans; and” Findings: 10. The subject site is located outside of any neighborhood refinement plan. 11. Other applicable refinement plans and functional plans include the Willamalane Park and Recreation Comprehensive Plan, TransPlan and the Eugene-Springfield Metropolitan Public Facilities and Services Plan. While the subject site is located within the planning area for these documents, a review shows that there are no specific policies or map elements which conflict with the proposed rezoning. Conclusion The proposed Zoning Map amendment is consistent with the applicable refinement plans and functional plans for the area. Criterion #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.” Findings: 12. The subject site is located on the northeast corner of S. 42nd Street and Mt. Vernon Rd./Holly Street. South 42nd Street is classified as a minor arterial. Mt Vernon/Holly Street is a local street. 13. The site is located within the city limits and is currently served with city water, stormwater and sanitary sewer services. 14. Participating utility, public facility and transportation providers participating on the Development Review Committee indicated in their meeting on November 5, that the subject site is adequately served to support buildout of the subject site at the density allowed by the proposed LDR zoning. Conclusion The proposed Zoning Map amendment is supported by existing service capacity for transportation, public facilities and utilities which already serve surrounding neighborhood. Attachment 1, Page 5 of 8 School District 19 Mt. Vernon Rd. Zoning Map Amendment Staff Report December 3, 2013 6 Criterion #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.” Findings: 15. The proposed Zoning Map amendment affects a single tax lot. 16. SDC Section 5.22-110 B defines quasi-judicial Zoning Map amendments to be those “…generally affecting a single or limited group of properties and may or may not include a Metro Plan diagram amendment.” By this definition, the proposed Zoning Map amendment is a quasi- judicial zoning map amendment and is not a legislative amendment. Conclusion Criterion #4 specifically addresses itself to “Legislative Zoning Map amendments.” The proposed Zoning map amendment “quasi-judicial” and not “legislative” and therefore do not apply to this proposal. V. Conclusion and Recommendation of Staff Based on the findings of staff with respect to the criteria defined in Section 5.22-115 of the Springfield Development Code for approving a Zoning Map amendment, staff find that the proposed amendment that would change the PLO zoning on the subject site to LDR, to be consistent with these criteria and recommend approval of the amendment. VI. Attachments Attachment 1: Current Zoning Map showing the subject property Attachment 2: Proposed Zoning Map showing the subject property Attachment 1, Page 6 of 8 School District 19 Mt. Vernon Rd. Zoning Map Amendment Staff Report December 3, 2013 7 Attachment 1 Attachment 1, Page 7 of 8 School District 19 Mt. Vernon Rd. Zoning Map Amendment Staff Report December 3, 2013 8 Attachment 2 Attachment 1, Page 8 of 8 Attachment 2, Page 1 of 42 Attachment 2, Page 2 of 42 Attachment 2, Page 3 of 42 Attachment 2, Page 4 of 42 Attachment 2, Page 5 of 42 Attachment 2, Page 6 of 42 Attachment 2, Page 7 of 42 Attachment 2, Page 8 of 42 Attachment 2, Page 9 of 42 Attachment 2, Page 10 of 42 Attachment 2, Page 11 of 42 Attachment 2, Page 12 of 42 Attachment 2, Page 13 of 42 Attachment 2, Page 14 of 42 Attachment 2, Page 15 of 42 Attachment 2, Page 16 of 42 Attachment 2, Page 17 of 42 Attachment 2, Page 18 of 42 Attachment 2, Page 19 of 42 Attachment 2, Page 20 of 42 Attachment 2, Page 21 of 42 Attachment 2, Page 22 of 42 Attachment 2, Page 23 of 42 Attachment 2, Page 24 of 42 Attachment 2, Page 25 of 42 Attachment 2, Page 26 of 42 Attachment 2, Page 27 of 42 Attachment 2, Page 28 of 42 Attachment 2, Page 29 of 42 Attachment 2, Page 30 of 42 Attachment 2, Page 31 of 42 Attachment 2, Page 32 of 42 Attachment 2, Page 33 of 42 Attachment 2, Page 34 of 42 Attachment 2, Page 35 of 42 Attachment 2, Page 36 of 42 Attachment 2, Page 37 of 42 Attachment 2, Page 38 of 42 Attachment 2, Page 39 of 42 Attachment 2, Page 40 of 42 Attachment 2, Page 41 of 42 Attachment 2, Page 42 of 42 BEFORE THE PLANNING COMMISSION OF THE CITY OF SPRINGFIELD ZONING MAP AMENDMENT ] STAFF RECOMMENDATION CASE NUMBER: TYP313-00006 ] TO THE PLANNING COMMISSION FINDINGS, CONCLUSION AND ORDER NATURE OF THE APPLICATION Springfield School District 19 requests a zoning map amendment from the classification Public Land and Open Space to the classification Low Density Residential for a 3.6 acre property located at 725 South 42nd Street. The property is identified as Assessor’s Map No. 18-02-05-21 Tax Lot 8300. 1. The School District submitted a rezoning application and support materials on October 16, 2013. The application was submitted for review by the Springfield Planning Commission under Section 5.22-115 of the Springfield Development Code (SDC) which describes the criteria to be used in approving a zoning map amendment. 2. Timely and sufficient notice of the proposal and of the scheduled public hearing, pursuant to SDC Section 5.1-135 B has been provided. 3. On December 3, 2013, the Planning Commission conducted a public hearing to accept testimony and to hear comments on this proposal. A Staff Report and Recommendation together with the testimony and submittals of the persons testifying at the hearing have been entered in the public record and have been considered during this proceeding. CONCLUSION AND RECOMMENDATION On the basis of this record, the requested zoning map amendment proposal is found by staff to be consistent with the criteria of approval found in SDC Section 5.22-115 and is recommended to the Planning Commission for approval. This general finding is supported by the specific findings of fact and conclusion in the Staff Report and Recommendation that is attached hereto and incorporated by reference into this decision. DECISION OF THE PLANNING COMMISSION The Planning Commission is now ready to take action on this proposal based upon the above recommendation and the evidence and testimony already in the record as well as the evidence and testimony presented at this public hearing held in the matter of the zoning map amendment from Public Land and Open Space to Low Density Residential for the property at 725 South 42nd Street. It is the DECISION of the Planning Commission of Springfield that Case Number TYP313-00006 (be approved) (be approved with conditions) (be denied) (no action be taken at this time). This DECISION was presented to and approved by the Planning Commission on December 3, 2013. AYES: _____ NOES: _____ ABSENT: _____ ABSTAIN: _____ ATTEST: __________________________________ Planning Commission Chairperson Attachment 3, Page 1 of 1