HomeMy WebLinkAbout2012 12 04 AIS RS DPW 5887 MAIN STREET ZONE CHANGE REQUESTAGENDA ITEM SUMMARY Meeting Date: December 4, 2012
Meeting Type: Regular Meeting
Staff Contact/Dept.: Andrew Limbird/DPW Staff Phone No: 726-3784
S P R I N G F I E L D
PLANNING COMMISSION
Estimated Time: 15 Minutes
ITEM TITLE: REQUEST FOR ZONE CHANGE APPROVAL ON PROPERTY GENERALLY LOCATED AT 5887 MAIN STREET IN SPRINGFIELD.
ACTION
REQUESTED:
Planning Commission approval of this Zone Change request (TYP312-00004) 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 Low Density Residential (LDR) and Medium Density Residential (MDR) to Neighborhood Commercial
(NC).
ATTACHMENTS: Attachment 1: Staff Report and Findings
Attachment 2: Current and Proposed Zoning of Subject Site and Vicinity Attachment 3: Application
Attachment 4: Planning Commission Final Order
DISCUSSION:
The affected properties are 5887 Main Street and an adjoining vacant parcel (Map
17-03-34-33, portions of Tax Lots 300 & 400). The current zoning for Tax Lot 300
is LDR and the zoning for Tax Lot 400 is MDR. Both properties are designated MDR in the adopted Metro Plan. Zoning of properties in the immediate vicinity of the subject site is a mixture of MDR, NC, Community Commercial (CC) and
General Office (GO). Currently, the subject site is vacant and the Zone Change to NC would facilitate review of a Site Plan Review application for the northern one-
half of the properties. The NC zoning proposed would allow a sub-set of general
commercial uses including retail, business professional offices and restaurants with development standards designed to minimize impacts on surrounding residential
properties during subsequent Site Plan Review procedures.
ATTACHMENT 1
Staff Report and Findings Planning Commission
Zone Change Request (City of Springfield)
Hearing Date: December 4, 2012
Case Number: TYP312-00004 Applicant: City of Springfield
Property Owners: Mountainvale Apartments LLC & McKenzie Valley Development LLC
Site: 5887 Main Street and Adjoining Vacant Parcel (Map 17-02-34-33, Tax Lots 300 & 400)
Request
Rezone a portion of Tax Lot 300 north of the Aster Street right-of-way from Low Density Residential (LDR) to Neighborhood Commercial (NC), and rezone a portion of adjoining Tax Lot 400 north of the Aster Street right-of-way from Medium Density Residential (MDR) to NC. Site Information/Background
The application was initiated on October 24, 2012 and the public hearing on the matter of the Zone
Change request is scheduled for December 4, 2012. The City conducted a Development Review Committee meeting on the Zone Change request on November 20, 2012.
The properties that are subject of the Zone Change request are portions of two adjoining tax lots located on the south side of Main Street just west of South 59th Street. Only the portions of Tax Lots
300 and 400 north of the Aster Street alignment are subject to the Zone Change. The Assessor’s
description of the affected property is Map 17-02-34-33, portions of Tax Lots 300 and 400. The western property (portion of Tax Lot 300) is municipally addressed as 5887 Main Street; the easterly
property (portion of Tax Lot 400) is not currently assigned an address. The properties that are subject to the Zone Change request are currently vacant and there are three
existing curb cuts and driveway approaches onto Main Street along the site frontages. Near the north-south midpoint of the two linear parcels, a right-of-way dedication for Aster Street is planned to
connect two truncated segments of the street. The property owners have an agreement with the City
for dedication of the Aster Street right-of-way and provision of a public sewer easement across the south ends of Tax Lots 300 and 400. In consideration for dedication of the right-of-way and public
easement, the City has initiated this Zone Change request.
Current zoning for the westerly property (Tax Lot 300) is LDR and the easterly property (Tax Lot 400)
is MDR. According to the adopted Metro Plan diagram the zoning designation for both properties is
MDR. The portions of Tax Lots 300 and 400 south of the Aster Street alignment that are not subject to this Zone Change request will retain the current LDR and MDR zoning.
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 zoning 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.
Attachment 1-1
Notification and Written Comments
Notification of the December 4th Planning Commission public hearing was sent to all property owners
and residents within 300 feet of the site on November 14, 2012. Notification was also published in the November 20th 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.
Attachment 1-2
Finding: Staff observes that properties in the immediate vicinity of the subject properties have
a mix of commercial and residential zoning, including MDR, NC, Community Commercial (CC),
and General Office (GO). Therefore, the proposed Zone Change is consistent and compatible with the existing zoning and land use pattern in this area of Springfield.
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, and because the proposed zone change is site-specific it is consistent 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 (Main Street, which is classified as a state highway) along the property frontages. Additionally, dedication and
construction of Aster Street provides a secondary access along the south edge of the area subject to the Zone Change request. Future development of the site with Neighborhood
Commercial use(s) will be subject to the Site Plan Review 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:
Attachment 1-3
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, in accordance with an agreement between the property owners and the City, the Zone Change request was initiated in consideration of dedicating a public sewer easement and Aster
Street right-of-way across the subject properties. The public sewer easement has been dedicated and a dedication document for Aster Street right-of-way has been executed, so the property owners
have fulfilled their obligations under this agreement. Any future site development will be subject to the
provisions of the SDC for the applicable 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 for the applicant to proceed with development plans for the site. This initial action will create a developable commercial site between Main Street and Aster
Street and facilitate review of a future Site Plan Review application. Upon approval of the Zone
Change request, the contiguous development area (portions of Tax Lots 300 & 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).
Attachment 1-4
CURRENT ZONING
5887 MAIN STREET AND ADJACENT VACANT LOT, SPRINGFIELD
MAP 17-02-34-33, TAX LOTS 300 & 400
ZONING MAP LEGEND
Low Density Residential (LDR) Community Commercial (CC)
Medium Density Residential (MDR) Neighborhood Commercial (NC)
General Office (GO)
SITE
Aster Street
Main Street (Highway 126) S 59th Street N
TL 300 TL 400
Aster Street
5875
110
5925 5937 5951
5892 5940
5887
Attachment 2-1
PROPOSED ZONING
5887 MAIN STREET AND ADJACENT VACANT LOT, SPRINGFIELD
MAP 17-02-34-33, TAX LOTS 300 & 400
ZONING MAP LEGEND
Low Density Residential (LDR) Community Commercial (CC)
Medium Density Residential (MDR) Neighborhood Commercial (NC)
General Office (GO)
Aster Street
Main Street (Highway 126) S 59th Street N
Aster Street
5875
110
5925 5937 5951
5892 5940
SITE
TL 300 TL 400
5887
Attachment 2-2
Attachment 3-1
Attachment 3-2
BEFORE THE PLANNING COMMISSION OF THE CITY OF SPRINGFIELD, OREGON
REQUEST OF ZONE CHANGE + CASE NO. TYP312-00003 + FINDINGS, CONCLUSIONS,
+ AND ORDER NATURE OF THE APPLICATION
Zone change from Low Density Residential and Medium Density Residential to Neighborhood Commercial for Assessor’s Map 17-03-34-33, portions of Tax Lots 300 and 400, municipally addressed
as 5887 Main Street and adjoining vacant parcel.
1. On October 24, 2012 the following application for a Zone Change was accepted:
Rezone approximately 0.47 acres of land from Low Density Residential to Neighborhood Commercial (ptn. Tax Lot 300) and Rezone approximately 0.47 acres of land from Medium
Density Residential to Neighborhood Commercial (ptn. Tax Lot 400), Case Number TYP312-
00003, City of Springfield, 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 December 4, 2012 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 TYP312-00003, Zone
Change Request, be approved. This ORDER was presented to and approved by the Planning Commission on December 4, 2012.
_______________________________
Planning Commission Chairperson ATTEST
AYES:
NOES: ABSENT:
ABSTAIN:
Attachment 1: Zoning Area Map and Legal Descriptions
Attachment 4-1
Exhibit “A”
Portion of Tax Lot 1702343300300 (owner: Mountainvale
Apartments, LLC) proposed to be ReZoned by the City of Springfield
Beginning at the Southeast corner of Parcel 2 of Partition Plat 94-P0473, Lane County
Plat Records, Lane County, Oregon, said point also being on the North right of way line of Aster Street;
thence North 0°01'30" East 328.94 feet to a point on the South right of way line of the
McKenzie Highway as established per County Survey File number 31847, Lane County
Surveyors Office Records, Lane County, Oregon; thence on said South right of way line North 88°14'33" East 66.03 feet;
thence leaving said South right of way line South 0°01'30" West 318.21 feet to a point of
curvature;
thence on a non tangent curve turning to the left an arc length of 67.28 feet, with a radius
of 480.00 feet, with a chord bearing of South 79°03'40" West, with a chord length of
67.23 feet to the Point of Beginning.
The area of the parcel herein described is 21,303 square feet.
The Basis of Bearings for this description is County Survey File number 31847, Lane
County Surveyors Office Records, Lane County, Oregon.
Exhibit A-1
Attachment 4-2
Exhibit “B”
Portion of Tax Lot 1702343300400 (owner: McKenzie Valley
Development, LLC) proposed to be ReZoned by the City of Springfield
Commencing at the Southeast corner of Parcel 2 of Partition Plat 94-P0473, Lane County
Plat Records, Lane County, Oregon, said point also being on the North right of way line of Aster Street;
thence on a non tangent curve turning to the right an arc length of 67.28 feet, with a
radius of 480.00 feet, with a chord bearing of North 79°03'40" East, with a chord length
of 67.23 feet to the True Point of Beginning; thence North 0°01'30" East 318.21 feet to a point on the South right of way line of the
McKenzie Highway as established per County Survey File number 31847, Lane County
Surveyors Office Records, Lane County, Oregon;
thence on said South right of way line North 88°14'33" East 66.03 feet;
thence leaving said south right of way line South 0°01'30" West 316.77 feet to a point on
the North right of way line of Aster Street;
thence North 89°44'00" West 5.90 feet to a point of curvature;
thence on a tangent curve turning to the left an arc length of 60.23 feet, with a radius of
480.00 feet, with a chord bearing of South 86°40'18" West, with a chord length of 60.19
feet to the Point of Beginning.
The area of the parcel herein described is 20,905 square feet.
The Basis of Bearings for this description is County Survey File number 31847, Lane
County Surveyors Office Records, Lane County, Oregon.
Exhibit B-1
Attachment 4-3
REZONING OF 5887 MAIN STREET FROM LDR TO NC
AND ADJACENT VACANT LOT FROM MDR TO NC
MAP 17-02-34-33, TAX LOTS 300 & 400
ZONING MAP LEGEND
Low Density Residential (LDR) Community Commercial (CC)
Medium Density Residential (MDR) Neighborhood Commercial (NC)
General Office (GO)
LDR to
NC
See Exhibit A
Aster Street
Main Street (Highway 126) S 59th Street N
TL 300 TL 400
Aster Street
5875
110
5925 5937 5951
5892 5940
5887
MDR to
NC
See
Exhibit B
Attachment 4-4