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