HomeMy WebLinkAbout2018 09 18 AIS for Zoning Map AmendmentAGENDA ITEM SUMMARY Meeting Date: 9/18/2018 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: Encourage Economic Development and Revitalization through Community Partnerships ITEM TITLE: ZONING MAP AMENDMENT – REZONE APPROXIMATELY 1.4 ACRES OF DEVELOPED
LAND FROM LIGHT MEDIUM INDUSTRIAL (LMI) TO COMMUNITY COMMERCIAL
(CC) TO CORRECT A DISCREPANCY BETWEEN THE CURRENT ZONING AND THE COMPREHENSIVE PLAN DESIGNATION
ACTION
REQUESTED:
Conduct a public hearing and deliberations, and approve, approve with amendments, or deny a
request for Zoning Map Amendment from Light Medium Industrial (LMI) to Community Commercial (CC).
ISSUE STATEMENT: Branch Engineering Inc., on behalf of 4740 Main LLC, is requesting a Zoning Map Amendment for 1.2-acres of property from LMI to CC.
ATTACHMENTS: 1. Staff Report and Findings for Zoning Map Amendment
2. Application and Exhibits
3. PC Final Order – Zoning Map Amendment Request 811-18-000148-TYP3
DISCUSSION:
The property requested for Zoning Map Amendment is a portion of a developed commercial site at 4740 Main Street. The site is currently improved with a vacant multi-tenant building, accessory building, parking lot and driving aisles, and driveways onto Main Street. The subject property
does not abut any residentially zoned properties.
The applicant is requesting a Zoning Map amendment to correct a plan/zone conflict between the
current zoning of Light Medium Industrial and the comprehensive plan designation of Mixed Use Area #2 as depicted in the adopted East Main Refinement Plan diagram. The Refinement Plan
designation provides for Medium Density Residential, High Density Residential, or Community
Commercial zoning to achieve the comprehensive plan designation of Mixed Use along this stretch of Main Street. The Zoning Map amendment also would bring the historical commercial use into
conformity with the provisions of the CC District, as it’s considered a legally-created, non-conforming use in the LMI District. The public hearing for this application is scheduled for Tuesday September 18, 2018.
Staff observes that the proposed Community Commercial zoning is consistent with adjacent properties to the west that front onto Main Street. The rezoning action would facilitate
redevelopment of the property with uses listed in the CC District. For these reasons, the request for Zoning Map Amendment can be reviewed on its own merits as a correction to a discrepancy between the current zoning and the adopted Refinement Plan designation.
Staff Report and Findings Planning Commission Zone Change Request (4740 Main LLC)
Hearing Date: September 18, 2018 Case Number: 811-17-000148-TYP3 Applicant: Branch Engineering Inc. on behalf of 4740 Main LLC
Property Owner: 4740 Main LLC & 5WDI LLC
Site: 4740 Main Street (Map 17-02-32-42, Tax Lots 101 & 102)
Request
Rezone Tax Lot 101 and a portion of Tax Lot 102 from Light Medium Industrial (LMI) to Community Commercial (CC) to correct a plan/zone conflict.
Site Information/Background The application was submitted on August 9, 2018 and the public hearing on the matter of the Zone Change request
is scheduled for September 18, 2018. The City conducted a Development Review Committee meeting on the Zone Change request on August 28, 2018.
The property that is subject of the Zone Change request is a developed commercial site with frontage on Main Street. The property proposed for rezoning is approximately 1.2-acres in extent and is currently zoned Light Medium Industrial (Figure 1). The property is addressed as 4740 Main Street (Assessor’s Map 17-02-32-42, Tax
Lots 101 and Ptn.102) and it currently contains a vacant 9,600 ft2 commercial building, accessory building, parking lot and driving aisles, and driveways onto Main Street.
The adopted East Main Refinement Plan designates the subject property as Mixed Use Area #2. In accordance with provisions of the Refinement Plan, the Mixed Use designation can be achieved through Medium Density
Residential (MDR), High Density Residential (HDR), or Community Commercial (CC) zoning. Because the
current Light Medium Industrial (LMI) zoning is not consistent with the comprehensive plan designation, a plan/zone conflict exists. Additionally, the commercial building was previously an existing, non-conforming use
on the site based on the current LMI zoning. Because the building is currently vacant (and has been for more than
18 months), any new uses introduced on the site would be limited to those listed in the LMI district.
The subject property does not abut any residentially zoned properties and the applicant is proposing to use CC
zoning to achieve consistency with the adopted Comprehensive Plan designation. The requested Zoning Map amendment would bring the property and the existing building into conformity with the adopted Refinement Plan.
Additionally, the Zoning Map amendment would allow the existing building and site to be used and/or redeveloped in accordance with the provisions of the CC District.
Notification and Written Comments The proposed Zoning Map amendment requires notification to the Oregon Department of Land Conservation and Development (DLCD) at least 35 days prior to the first public hearing on the matter. Consistent with this
requirement, DLCD was notified in writing of the proposed Zoning Map amendment on August 10, 2018 which is 39 days prior to the public hearing.
Notification of the September 18, 2018 Planning Commission public hearing was sent to all property owners and residents within 300 feet of the site on August 28th, 2018. Notification was also published in the September 10, 2018
edition of The Register Guard. Staff posted public hearing notices in the City Hall lobby, on the digital display in the
lobby of the Development & Public Works Department, on the City of Springfield website, and along the property frontage on Main Street. No telephone calls or written comments were received.
Attachment 1, Page 1 of 8
Figure 1 – Extract from Springfield Zoning Map
Low Density Residential Community Commercial Medium Density Residential Light Medium Industrial High Density Residential Heavy Industrial
S 46th St Aster St
Main St S 47th St Subject Property 48th St S 48th St Attachment 1, Page 2 of 8
Figure 2 – Extract from East Main Refinement Plan diagram
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
Subject Property Mapping Error Should Be Mixed Use 2 & 3
Attachment 1, Page 3 of 8
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;
Applicant’s Submittal: "The Metro Plan Diagram designates the subject site for Commercial zoning. The
proposal is to change the zoning from Light-Medium Industrial to Community Commercial is consistent with the Metro Plan’s designation. The following are Metro Plan policies that are relevant to the proposal:
Metro Plan Policy B.16, Page III-B-5: ‘Utilize processes and local controls, which encourage retention of large parcels or consolidation of small parcels of industrially or commercially zoned land
to facilitate their use or reuse in a comprehensive rather than piecemeal fashion.’ Metro Plan Policy B.11, Page III-B-5: ‘Encourage economic activities, which strengthen the metropolitan area’s position as a regional distribution, trade, health, and service center.’
Metro Plan Policy B.28, Page III-B-6: ‘Recognize the vital role of neighborhood commercial facilities in providing services and goods to a particular neighborhood.’
Consistent with the above policies, a change to Community Commercial zoning will create cohesive commercial zoning along Main Street and will work to encourage economic growth along the corridor. The commercial zoning will also introduce opportunities for the property to provide important goods and
services to the neighborhood. ” Finding 1: The City has also adopted several elements of the Springfield 2030 Refinement Plan, including
the Economic Element which provides policy direction for commercial and industrial site development and redevelopment throughout Springfield. When the Economic Element was adopted in Ordinance 6361, Metro Plan policies in Chapter III, Section B were amended to reflect that those policies no longer apply to
Springfield. Ordinance 6361 is effective, but has yet to receive acknowledgement under state law. Finding 2: In accordance with the Springfield 2030 Refinement Plan – Economic Element, Policy E.1:
“Designate an adequate supply of land that is planned and zoned to provide sites of varying locations, configurations, size and characteristics as identified and described in the Economic Opportunity Analysis to accommodate industrial and other employment over the planning period. These sites may include vacant
undeveloped land; partially developed sites with potential for additional development through infill development; and sites with redevelopment potential.”
Finding 3: In accordance with the Springfield 2030 Refinement Plan – Economic Element, Policy E.5: “Provide an adequate, competitive short-term supply of suitable land to respond to economic development
opportunities as they arise. ‘Short-term supply’ means suitable land that is ready for construction within
one year of an application for a building permit or request for service extension. ‘Competitive Short-term
Attachment 1, Page 4 of 8
Supply’ means the short-term supply of land provides a range of site sizes and locations to accommodate the market needs of a variety of industrial and other employment uses.”
Finding 4: In accordance with the Springfield 2030 Refinement Plan – Economic Element, Policy E.6: “Facilitate short term and long term redevelopment activity and increased efficiency of land use through the
urban renewal program, updates to refinement plans and the development review process.”
Finding 5: In accordance with the Springfield 2030 Refinement Plan – Economic Element, Policy E.7:
“Where possible, concentrate development on sites with existing infrastructure or on sites where
infrastructure can be provided relatively easily and at a comparatively low cost.”
Finding 6: In accordance with the Springfield 2030 Refinement Plan – Economic Element, Policy E.47:
“Enhance, maintain and market Springfield’s reputation for: rapid processing of permits and applications, maintaining City agreements and commitments, and providing developers with certainty and flexibility in
the development process.” Finding 7: Consistent with the above-listed Springfield 2030 Refinement Plan – Economic Element policies, the proposed rezoning of the property would create a site with Community Commercial (CC)
zoning that fronts onto Main Street. Upon rezoning, this property could be functionally consolidated with the adjoining panhandle to the west (which is also zoned CC) thereby creating a more viable development
site.
Finding 8: ORS 197.625(4) requires land use decisions that are subject to an effective but unacknowledged
provision of a comprehensive plan to include findings of compliance with applicable land use statutes,
statewide planning goals, and administrative rules. As relevant to this decision, only the Springfield 2030 Refinement Plan – Economic Element, which implements Statewide Planning Goal 9, falls under the scope
of ORS 197.625. The existing Metro Plan Diagram designation of Commercial is an acknowledged plan
provision.
Finding 9: Goal 9 requires the City to adequately plan for and designate an adequate supply of sites of
suitable sizes, types, locations, and service levels for a variety of industrial and commercial uses consistent with plan policies. Rezoning the property from Light Medium Industrial to Community Commercial
consistent with the acknowledged Commercial designation on the Metro Plan diagram is consistent with Goal 9.
Finding 10: Consistent with the above-listed Springfield 2030 Refinement Plan – Economic Element policies and Goal 9, the proposed rezoning of the property would create a commercial site that is eligible
for further development and/or redevelopment. Staff finds that the proposed Zoning Map amendment
satisfies Criterion 1. 2. Consistency with applicable Refinement Plans, Plan District maps, Conceptual Development Plans and functional plans;
Applicant’s Submittal: “The site is within the East Main Refinement Plan area. Mixed Use Element
Policies 2A and 2B of the East Main Refinement Plan are as follows: 2A) The following land uses are allowed under Community Commercial zoning:
- Medium and High Density Residential - All Community Commercial uses subject to Article 18 [Note: now Article 3.2-300] of the Springfield Development Code.
2B) All properties shall be legislatively rezoned to Community Commercial except as stated in Section D below.
The East Main Refinement Plan designates the subject property for Mixed Use. As stated in policy 2B above, properties designated mixed use shall be rezoned to Community Commercial. Therefore, the
proposed zoning map amendment is consistent with the applicable refinement plan.”
Attachment 1, Page 5 of 8
Finding 11: The subject property is within the adopted East Main Refinement Plan area as depicted on
Figure 2 above. The Refinement Plan diagram depicts the subject property as being within an area
designated as “Mixed Use 2 & 3”. As stated in the applicant’s narrative, the property is identified as being within an area designated for Community Commercial uses.
Finding 12: The Commercial Element, Policies 1 and 2, of the East Main Refinement Plan states:
1) Where safe and efficient vehicular access can be provided, encourage the development of
neighborhood or small commercial shopping centers at the intersections of collector streets and Main Street.
2) Apply site-specific Commercial refinement plan designation to clearly define the limits of new
commercial uses where there is not an existing, legally established, and beneficial mixing of uses.
Finding 13: Consistent with provisions of the adopted East Main Refinement Plan, changing the subject
area to Community Commercial zoning would implement the policies of the adopted neighborhood-
specific Refinement Plan, bring the existing building and site into conformity with the Refinement Plan designation, allow for potential redevelopment of the site in accordance with provisions of the CC District,
and provide for functional consolidation of the subject property with an adjoining piece of vacant, CC-
zoned property.
Finding 14: The Springfield 2035 Transportation System Plan (TSP) is the functional refinement to the Metro Plan dealing specifically with transportation facilities and Springfield’s compliance with statewide planning Goal 12. The proposed zone change from LMI to CC is consistent with, and does not alter the
TSP’s policies and projects, and is therefore consistent with the TSP. Staff finds that the proposed Zoning
Map amendment satisfies Criterion 2.
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.
Applicant’s Submittal: “The site is currently developed with two structures, a parking area, and access
drives connecting to Main Street. Given the property is developed and most recently supported a restaurant/bar, it is evident that the property is presently provided with adequate public facilities, services and transportation networks. Utilities and transportation facilities are available in Main Street, and these
existing facilities will be upgraded to meet current standards as necessary through tenant improvements and/or redevelopment.” Finding 15: The property requested for Zone Change has a full range of public utilities, services, and a
developed urban transportation network available along the Main Street site frontage. Therefore, urban utilities and services are immediately available for further site development or redevelopment as future
needs dictate. Staff finds that the proposed Zoning Map amendment satisfies Criterion 3.
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.
Attachment 1, Page 6 of 8
Finding 16: The requested Zone Change is being undertaken as a correction to a plan/zone conflict between the current zoning and the plan designation identified in the adopted East Main Refinement Plan.
Because the proposed CC zoning is consistent and compatible with the Metro Plan diagram and the
adopted East Main Refinement Plan land use designation, a Metro Plan diagram amendment is not required or warranted. Therefore, the criterion to comply with SDC 5.14-100 is not applicable.
Finding 17: The Transportation Planning Rule, OAR 660-012-0060(1), requires a local government to put in place certain mitigation measures if an amendment to a land use regulation (including a zoning map
amendment) would “significantly affect” an existing or planned transportation facility. OAR 660-012-0060
(9) provides that the “local government may find that an amendment to a zoning map does not significantly affect an existing or planned transportation facility” if all the requirements in subsections (a)-(c) are met.
Finding 18: OAR 660-012-0060 (9)(a) requires that the proposed zoning map amendment be consistent with the existing comprehensive plan map designation, and the map amendment does not change the
comprehensive plan map. As found above, the proposal brings the property into compliance with the Refinement Plan diagram.
Finding 19: OAR 660-012-0060 (9)(b) requires that the local government has an acknowledged Transportation System Plan (TSP) and that the proposed zoning map amendment is consistent with the
TSP. The Springfield 2035 TSP was acknowledged by DLCD, and the proposed zone change is consistent
with the TSP, and does not adversely affect TSP policies or projects.
Finding 20: OAR 660-012-0060 (9)(c) requires that the area subject to the proposed zoning map
amendment not be subject to an exemption from the TPR standards pursuant to a prior UGB amendment or TSP amendment to account for urbanization of the area. The subject site is within the Springfield UGB and
city limits, so this criterion is not applicable.
Finding 21: Because the proposed zoning map amendment meets all the criteria of OAR 660-012-
0060(9)(a)-(c), the proposed amendment does not “significantly affect” an existing or planned
transportation facility under OAR 660-012-0060(1), and no mitigation measures under that rule are required. Therefore, the proposal complies with the Transportation Planning Rule, OAR 660-012-0060.
Staff finds that the proposed Zoning Map amendment satisfies Criterion 4. 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.
Most of the subject property has been developed with a 9,600 ft2 multi-tenant building, parking lot and driving
aisles, and driveways onto Main Street. As such, it is not expected that extensive redevelopment will occur on the
property aside from re-use of the existing building and vacant or underutilized portions of the site. The existing building has been vacant for more than 180 days so a new use will need to be established on the site through a
Minimum Development Standards (MDS) approval. Any further development or redevelopment of the site would be subject to City land use approvals and permits, including Site Plan Review.
Attachment 1, Page 7 of 8
The Planning Commission may choose to apply conditions of approval as necessary to comply with the Zone Change criteria.
Recommendation The subject application facilitates development and redevelopment of the property with commercial uses, which
cannot be readily achieved with the current Light Medium Industrial zoning. Staff advises that the requested
Zoning Map amendment can be reviewed and approved on its own merit because it brings the property and existing building into conformity with the adopted East Main Refinement Plan. For these reasons, staff recommends
support for the requested Zoning Map amendment.
Attachment 1, Page 8 of 8
Attachment 2, Page 1 of 6
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BEFORE THE PLANNING COMMISSION OF SPRINGFIELD, OREGON
ORDER FOR:
AMENDMENT TO THE SPRINGFIELD ZONING MAP TO REZONE APPROXIMATELY ] 811-18-000148-TYP3
1.4 ACRES OF LAND IDENTIFIED AS 4740 MAIN STREET (ASSESSOR’S MAP 17-02-32-42, ]
TAX LOTS 101 & 102) FROM LIGHT MEDIUM INDUSTRIAL (LMI) TO ]
COMMUNITY COMMERCIAL (CC) ]
NATURE OF THE APPLICATION
Rezone approximately 1.4-acres of property located at 4740 Main Street (Map 17-02-32-42, Ptn. Tax Lots 101 &
102) from Light Medium Industrial (LMI) to Community Commercial (CC). The subject property is generally
depicted and more particularly described in Exhibit A to this Order.
Timely and sufficient notice of the public hearing has been provided, pursuant to SDC 5.2-115.
On September 18, 2018, the Springfield Planning Commission held a public hearing and conducted deliberations
on the proposed Zoning Map amendment. The staff report, written comments, and testimony of those who
spoke at the public hearing were entered into the record.
CONCLUSION
On the basis of this record, the proposed Zoning Map amendment is consistent with the criteria of SDC 5.22-115.
This general finding is supported by the specific findings of fact and conclusion in the Staff Report and Findings,
attached hereto as Exhibit B, and the additional information submitted for the September 18, 2018 public
hearing.
ORDER/RECOMMENDATION
It is ORDERED by the Springfield Planning Commission that approval of Case Number 811-18-0000148-TYP3,
Zoning Map Amendment, be approved. This ORDER was presented to and approved by the Planning Commission
on September 18, 2018.
____________________________ ____________________
Planning Commission Chairperson Date
ATTEST
AYES:
NOES:
ABSENT:
ABSTAIN:
Attachment 3, Page 1 of 3
EXHIBIT A
PROPERTY REZONED FROM LIGHT MEDIUM INDUSTRIAL (LMI) TO
COMMUNITY COMMERCIAL (CC)
Main St
Aster St S 47th St S 46th St S 48th St 48th St Exhibit A 1 of 2
Attachment 3, Page 2 of 3
Exhibit A 2 of 2
Attachment 3, Page 3 of 3