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HomeMy WebLinkAbout2010 01 20 ZONE CHANGE SPRINGFIELD CEMETERY ZON2009-00023 PC TransmittalMEMORANDUM CITY OF SPRINGFIELD DATE OF HEARING: January 20, 2010 TO: Springfield Planning Commission PLANNING COMMISSION TRANSMITTAL FROM: Andy Limbird, AIC Planner III MEMORANDUM SUBJECT: Request for Zone Change Approval Springfield Cemetery Acquisition, Applicant _________________________________________________________________________________________ _________________________________________________________________________________________ ISSUE 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) to Public Land and Open Space (PLO). The current residential zoning for the eastern portion of the Springfield Memorial Gardens Cemetery is not consistent with provisions of the Development Code, because cemeteries and related facilities are not a listed use in the LDR district. DISCUSSION The applicant is requesting the Zone Change for approximately 2.95 acres along the eastern edge of the Springfield Memorial Gardens Cemetery located at 7390 McKenzie Highway. The current zoning for the subject area is Low Density Residential (LDR), and the property is designated LDR in the adopted Metro Plan. The applicant requests a Zone Change to Public Land and Open Space (PLO) to accommodate existing and planned cemetery facilities and burial plots. The rezoning also will accommodate a portion of the existing mausoleum building that encroaches beyond the PLO zoning into adjoining LDR zoning. In accordance with Section 3.2-705 of the Springfield Development Code (SDC), privately owned cemeteries are a listed use in the PLO District. Additionally, PLO zoning is allowable in any Metro Plan land use designation including Low Density Residential (ref. SDC 3.7- 705.B). RECOMMENDATION: Staff recommends approval based on findings contained in the attached Staff Report. ACTION REQUESTED: Planning Commission approval of this Zone Change request (ZON2009- 00023) by motion. ATTACHMENTS Attachment 1: Staff Report and Findings Attachment 2: Current and Proposed Zoning of Subject Site and Vicinity Attachment 3: Applicant’s Zone Change Request Attachment 4: Planning Commission Final Order ATTACHMENT 1 Staff Report and Findings Planning Commission Zone Change Request (Springfield Cemetery) Hearing Date: January 20, 2010 Case Number: ZON2009-00023 Applicant: Springfield Cemetery Acquisition LLC Site: 7390 McKenzie Highway (Map 17-02-35-00, Tax Lots 3704, 3705 & 3706) Request The application was submitted on October 30, 2009 and the public hearing on the matter of the Zone Change request is scheduled for January 20, 2010. The City conducted a Development Review Committee meeting on the Zone Change request on December 1, 2009. Site Information/Background The property that is the subject of the Zone Change request is located on the south side of Main Street where it transitions to McKenzie Highway at the eastern City limits. The Assessor’s description of the affected property is Map 17-02-35-00, Tax Lots 3704, 3705 and 3706. Overall, the Springfield Memorial Gardens cemetery comprises approximately 31 acres and contains rows of burial plots with associated facilities including internal driveways, a mausoleum, office building, and several accessory buildings. Access to the site is provided by a developed driveway onto Main Street at the northwest corner of the site. Current zoning for the cemetery property is a combination of Public Land and Open Space (PLO) and Low Density Residential (LDR) along the eastern edge of the site. Most of the cemetery land area is designated Parks and Open Space in the adopted Metro Plan diagram. However, the eastern edge of the land holding is zoned and designated LDR. In accordance with SDC 3.2-705.B, the PLO District is permitted on properties designated for other land uses, including residential. The existing mausoleum building and other cemetery improvements encroach beyond the eastern edge of the PLO zoning area into the adjoining LDR District. However, the current LDR zoning for a portion of the operating cemetery area is incompatible with provisions of the Springfield Development Code, because cemeteries and related facilities are not a listed use in residential districts. To accommodate the existing and planned cemetery facilities, the applicant is requesting a Zone Change for a 2.95 acre strip of land along the eastern edge of the cemetery; the eastern edge landholding will retain the LDR zoning. The current Zone Change request is being processed as a Type III Zoning Map amendment. Notification and Written Comments Notification of the January 20th Planning Commission public hearing was sent to all property owners and residents within 300 feet of the site on December 29, 2009. Notification was also published in the January 4th and 11th editions 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: Attachment 1-1 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: The proposed zone change is consistent with the Metro Plan text and diagram, which designates the majority of the cemetery area as Parks and Open Space. Finding: The Metro Plan does not contain specific policies for public or private cemeteries. However, in accordance with Policy H.2, park [and open space] standards adopted by the applicable city and incorporated into the city’s development code shall be used in local development processes. Finding: In accordance with SDC 3.2-705.A.3, privately owned cemeteries are allowable in the PLO District. Finding: In accordance with SDC 3.2-705.B, the PLO District is permitted on properties designated other than Public and Semi-Public on the Metro Plan. The area requested for Zone Change is designated LDR on the Metro Plan. 2. Consistency with applicable Refinement Plans, Plan District maps, Conceptual Development Plans and functional plans; Finding: There are no Refinement Plans or Conceptual Development Plans that are adopted for this area of Springfield. Therefore, the Metro Plan diagram remains the prevailing land use plan diagram for this site. This criterion is not applicable. 3. The property is presently provided with adequate public facilities, services and transportation networks to support the use, or these facilities, services and Attachment 1-2 Attachment 1-3 transportation networks are planned to be provided concurrently with the development of the property. Finding: The site requested for Zone Change is already provided with the full range of public utilities and services, and a fully developed transportation network (state highway) along the property frontage. Future development of the eastern edge of the site (remaining LDR portion) will be subject to a separate land use action. 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 would bring the site into compliance with provisions of the adopted Metro Plan and the City’s Development Code. Because PLO Zoning is allowable in all Metro Plan land use designations, a Metro Plan diagram amendment is not required or warranted. Therefore, this criterion is not applicable. Conclusion: Staff has reviewed the application and supporting evidence submitted by the applicant for the Zone Change request. Based on the above-listed criteria, staff recommends support for the request as the proposal meets the stated criteria for Zone Change approval and would bring the property into conformity 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 has reviewed the Zone Change request and supporting information provided by the applicant, and conditions of approval are not warranted. Any future site development on either the cemetery portion (zoned PLO) or the residential portion (zoned LDR) of the applicant’s property 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 subject site. This initial action will accommodate existing and planned cemetery facilities and buildings. Upon approval of the Zone Change request, the operating cemetery area will be in conformity with the Metro Plan and subject to the PLO District provisions of the Springfield Development Code (ref. SDC 3.7-700). Similarly, future development of the vacant LDR land on the eastern edge of the property would be reviewed in accordance with relevant provisions of the Development Code including but not limited to Sections 3.2-200 and 3.3-500, as applicable. CURRENT ZONING FOR SUBJECT SITE 7390 MCKENZIE HIGHWAY, SPRINGFIELD (MAP 17-02-35-00, TL 3704, 3705 & 3706) 73rd Street S. 72nd Street McKenzie Highway Daisy Street Mausoleum Building Springfield Memorial Gardens Cemetery SITE Low Density Residential Public Land and Open Space Neighborhood Commercial Attachment 2-1 PROPOSED ZONING FOR SUBJECT SITE 7390 MCKENZIE HIGHWAY, SPRINGFIELD (MAP 17-02-35-00, TL 3704, 3705 & 3706) 73rd Street S. 72nd Street McKenzie Highway Daisy Street Mausoleum Building Area Proposed for Zoning Map Amendment Springfield Memorial Gardens Cemetery SITE Low Density Residential Public Land and Open Space Neighborhood Commercial Attachment 2-2 PROPOSED ZONING FOR SUBJECT SITE 7390 MCKENZIE HIGHWAY, SPRINGFIELD (MAP 17-02-35-00, TL 3704, 3705 & 3706) 73rd Street S. 72nd Street McKenzie Highway Daisy Street Springfield Memorial Gardens Cemetery SITE Mausoleum Building Low Density Residential Public Land and Open Space Neighborhood Commercial Attachment 2-3 Attachment 3-1 Attachment 3-2 Attachment 3-3 Attachment 3-4 Attachment 3-5 Attachment 3-6 Attachment 3-7 Attachment 3-8 Attachment 3-9 Attachment 3-10 Attachment 3-11 Attachment 3-12 Attachment 3-13 Attachment 3-14 Attachment 3-15 Attachment 3-16 Attachment 3-17 Attachment 3-18 Attachment 3-19 BEFORE THE PLANNING COMMISSION OF THE CITY OF SPRINGFIELD, OREGON REQUEST OF ZONE CHANGE + CASE NO. ZON2009-00023 + FINDINGS, CONCLUSIONS, + AND RECOMMENDATION NATURE OF THE APPLICATION Zone change from Low Density Residential to Public Land and Open Space for a portion of Assessor’s Map 17-02-35-00, Tax Lots 3704, 3705 & 3706, municipally addressed as 7390 McKenzie Highway. 1. On October 30, 2009 the following application for a Zone Change was accepted: Rezone approximately 2.95 acres of land from Low Density Residential to Public Land and Open Space, Case Number ZON2009-00023, Springfield Cemetery Acquisition LLC, applicant. 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 January 20, 2010 a public hearing on the zone change request was held. The Development Services 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. 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 ZON2009-00023, Zone Change Request, be approved. This ORDER was presented to and approved by the Planning Commission on January 20, 2010. _______________________________ Planning Commission Chairperson ATTEST AYES: NOES: ABSENT: ABSTAIN: Attachment 4-1