HomeMy WebLinkAbout2010 05 18 Zoning Map Amendment BrownfieldsMEMORANDUM CITY OF SPRINGFIELD
DATE OF HEARING: May 18, 2010
TO: Springfield Planning Commission TRANSMITTAL
MEMORANDUM
FROM: Steve Hopkins
SUBJECT: Zoning Map Amendment from LMI to HI
ISSUE:
The applicant is requesting a zone change from LMI (Light Medium Industrial) to HI (Heavy Industrial) to resolve
a Plan/Zone conflict.
DISCUSSION:
This is a city-sponsored Zoning Map Amendment to correct a conflict between the Metro Plan and the zoning
district. The Plan/Zone conflict exists at 945 28th Street. It is a 2.5 acre property containing three vacant
structures. The Metro Plan designates this area as Heavy Industrial, but the property is zoned LMI (Light
Medium Industrial). There is no Refinement Plan for this area. According to the applicant, this zone change will
make the property more marketable and easier to sell.
Based on comments from the service providers, the site contains adequate public infrastructure to serve the
uses in the HI zone.
ACTION REQUESTED:
The Planning Commission shall determine whether the proposed zoning map amendment complies with the
approval criteria found in Section 5.22-115 of the Springfield Development Code. The Commission may
approve, approve with conditions, or deny the request.
ATTACHMENTS:
Attachment 1: Staff report containing findings of fact and conclusions law to support approval of the application.
Attachment 2: Order for approval of the zone change.
Attachment 3: Comments from Public Works Engineering received March 16, 2010.
Attachment 4: Comments from the Deputy Fire Marshal received March 16, 2010.
Attachment 5: Comments from Public Works Transportation Planning, received March 16, 2010.
Attachment 6: Comments from Springfield Utility Board Water Division, received March 15, 2010.
Attachment 7: Applicant’s original submittal dated February 19, 2010.
STAFF REPORT - ZONING MAP AMENDMENT
Hearing Date: May 18, 2010
Project Proposal: Zoning Map Amendment
Case Number: ZON2010-00003
Project Location: 945 28th Street
Property size: 2.5 acres
Map and Tax Lots: 1702310001100; 1702310001101; 1702310001000; 1702312202300
Base Zone: LMI (Light Medium Industrial)
Overlay District(s): none
Metro Plan Designation: Heavy Industrial
Refinement Plan: none
Application Submitted Date: Feb 19, 2010
Other Application(s): none
Staff: Steve Hopkins, AICP, Planner II
Applicant/Owner: Steve Wilhelm, Brownfields Land & Development, LLC. 3122 Stahlbush
Island Rd. Corvallis OR 97330.
Summary
This is a city-sponsored Zoning Map Amendment to correct a conflict between the Metro Plan
and the zoning district. The Plan/Zone conflict exists at 945 28th Street. It is a 2.5 acre property
containing three vacant structures. The Metro Plan designates this area as Heavy Industrial, but
the property is zoned LMI (Light Medium Industrial). There is no Refinement Plan for this
area. According to the applicant, this zone change will make the property more marketable and
easier to sell.
The zoning district and land use designation for this site have not changed since they were first
established by adoption of the Metro Plan in 1980. At that time, the LMI zone was used to
buffer the residential area from the industrial are to the east. Although the designation is
Heavy Industrial, SDC 3.2-405(C) states that less intensive industrial uses that are permitted in
the LMI District are also permitted in the HI district. This allowed the application of the LMI
zone in an area that was designated Heavy Industrial.
The major difference between the LMI and HI zoning districts is the severity of the external
impacts generated by the uses that are allowed in each district. The HI district allows uses that
require more outside activity, and generate more noise and odors. These uses include, but are
not limited to, asphalt batch plants and recycling centers. In addition, the HI zone allows uses
that tend to use larger and heavier vehicles, but produce fewer vehicle trips. The LMI zone
allows uses that tend to use smaller vehicles, but generate more frequent vehicle trips. Refer to
the comments from Jon Driscoll, received on March 16, 2010.
Attachment 1-1
Comments from service providers. Based on comments from the service providers, the site
contains adequate public infrastructure to serve the uses in the HI zone.
• The Springfield Utility Board does not object to this zone change. Refer to the letter
received March 15, 2010.
• The Fire Marshall does not object to this zone change. Refer to the email received March
16, 2010.
• The Engineering Division of the City Public Works Dept. does not object to this zone
change. Refer to the email from Eric Walter, received March 16, 2010.
• The Transportation Planning Division of the City Public Works Dept. does not object to
this zone change. Refer to the letter from Jon Driscoll received March 16, 2010.
The Commission should take public testimony and determine if the zone change is appropriate
for this site. The Commission has three options:
1. approve as recommended, or
2. approve but add/modify conditions based on testimony at the hearing, or
3. deny the application.
Staff recommends approval of the Zone Change. The attached order reflects that
recommendation. If the Commission chooses to deny the application, the order will need to be
revised to support that decision. In that case, the Commission should close the hearing and
move the item to the next public hearing (June 1). The revised order will be presented to the
Commission on that date.
Public Comments
No written public comments have been received as of the date of this report.
Procedural items
• On March 11, 2010, mailed notice of the public hearing was sent to DLCD.
• On March 16, 2010, the City’s Development Review Committee reviewed the
application. City staff’s review comments have been reduced to findings and conditions
as necessary to demonstrate compliance with the Zoning Map Amendment Criteria of
Approval contained in SDC 5.22-115.
• Notice of the public hearing was sent to adjacent property owners/occupants within 300
feet of the subject site on April 19, 2010. The applicant and parties submitting testimony
at the public hearing have appeal rights and are mailed a copy of this decision for
consideration.
• Notification was published in the Register Guard on April 26, 2010.
Attachment 1-2
SDC 5.22-115 Zoning Map Amendment Approval Criteria
A. Quasi-judicial Zoning Map Amendments. The Planning Commission or Hearings
Official may approve, approve with conditions or deny a quasi-judicial Zoning Map
amendment based upon approval criteria C.1. through 3., below. The Planning Commission
or Hearings Official shall make the final local decision on all quasi-judicial Zoning map
amendments that do not include a Metro Plan diagram amendment.
Finding: This is a quasi-judicial Zoning Map Amendment. It involves the application of
existing policy to a specific factual setting affecting a single property, and does not include a
Metro Plan diagram amendment. Quasi-judicial Zoning Map amendments are reviewed using
the Type III procedure (a public hearing before the Planning Commission).
B. Legislative Zoning Map Amendments and Quasi-judicial Zoning Map Amendments
Raised to a Type IV Review. The Planning Commission or Hearings Official may make a
recommendation to the City Council to approve, approve with conditions or deny Zoning
Map amendments and Metro Plan diagram amendments based upon approval criteria in
Subsection C. 1. through 4., below. The City Council shall make the final local decision on all
Zoning Map amendments involving a Metro Plan diagram amendment.
Finding: This application does not involve a change to the Metro Plan diagram and is not a
legislative amendment.
C. Zoning Map amendment criteria of approval:
1. Consistency with applicable Metro Plan policies and the Metro Plan diagram;
Finding: The proposed zone change will not impact to the Commercial & Industrial
Buildable Lands (CIBL) Inventory associated with the Springfield 2030 Plan. That
inventory is based on the land use designations contained in the Metro Plan. It is not
based on the zoning districts.
Finding: The Metro Plan diagram shows this area contains a mix of land use
designations. Refer to Map #1.
Finding: The area contains a mix of zoning districts. Refer to Map #2.
Attachment 1-3
Map 1: Metro Plan Designation
I
J
G 28THH
30TH25TH26THGARSON
26TH26TH26THMetro Plan DesignationHeavy Industrial
Light Medium IndustrialLow Density Residential
Medium Density Residentia
Legend
Metro Plan Designation
Subject PropertyMap 2: Zoning Districts
J
I
28TH30THGARSON N
Brownfields Zone Change
May 2010
Zoning districtHeavy Industrial
Light Medium IndustrialLow Density Residential
Medium Density Residential
Brownfield Site
Attachment 1-4
Finding: Page II-G-6 of the Metro Plan defines the Light Medium Industrial designation
as:
“This designation accommodates a variety of industries, including those
involved in the secondary processing of materials into components, the
assembly of components into finished products, transportation,
communication and utilities, wholesaling, and warehousing. The external
impact from these uses is generally less than Heavy Industrial, and
transportation needs are often met by truck. Activities are generally
located indoors, although there may be some outdoor storage. This
designation may also accommodate supporting offices and light industrial
uses, local regulations permitting.”
Finding: Page II-G-6 of the Metro Plan defines the Heavy Industrial designation as:
“This designation generally accommodates industries that process large
volumes of raw materials into refined products and/or that have
significant external impacts. Examples of heavy industry include: lumber
and wood products manufacturing; paper, chemicals and primary metal
manufacturing; large-scale storage of hazardous materials; power plants;
and railroad yards. Such industries often are energy-intensive, and
resource-intensive. Heavy industrial transportation needs often include
truck and rail. This designation may also accommodate light and medium
industrial uses and supporting offices, local regulations permitting.”
Finding: SDC 3.2-405(B) defines the LMI zone. It states:
“Light-Medium Industrial District (LMI). LMI uses are generally involved
in the secondary processing of materials into components, the assembly of
components into finished products, transportation, communication and
utilities, wholesaling, and warehousing. The external impact from these
uses is generally less than Heavy Industrial, and transportation needs are
often met by truck. Activities are generally located indoors, although there
may be some outdoor storage. This designation also can accommodate
supporting offices and CI industrial uses.”
Finding: SDC 3.2-405(C) defines the HI zone. It states:
“Heavy Industrial District (HI). HI uses are generally involved in the
processing of large volumes of raw materials into refined materials and/or
that have significant external impacts. Heavy Industrial transportation
needs often include rail and truck. Examples of these uses are: lumber and
wood products; paper; chemicals and primary metal manufacturing; large-
scale storage of hazardous materials; power plants; and railroad yards. Less
intensive industrial uses that are permitted in the LMI District are also
permitted in this district.”
Finding: The Metro Plan designates this area as Heavy Industrial, but the property is
zoned LMI (Light Medium Industrial). Based on the definitions contained in the
Springfield Development Code, the most appropriate zoning district for this site is HI
(Heavy Industrial).
Attachment 1-5
DRC2010-00003 Brownfields Page 6 of 6
2. Consistency with applicable Refinement Plans, Plan District maps, Conceptual
Development Plans and functional plans; and
Finding: There are no applicable Refinement Plans, Conceptual Development Plans or
functional plans for this area.
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: Based on the comments of the public service providers, the site is provided
with adequate public facilities and services to support the uses allowed in the HI zone.
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: This criterion is not applicable because this is a quasi-judicial Zoning Map
Amendment. It involves the application of existing policy to a specific factual setting
affecting a single property, and does not include a Metro Plan diagram amendment.
Quasi-judicial Zoning Map amendments are reviewed using the Type III procedure (a
public hearing before the Planning Commission).
Determination: Based on the findings of fact, conclusions of law and the evidence in the record,
the Director determines the proposal complies with the Zoning Map Amendment approval
criteria contained in SDC 5.22-115.
Attachment 1-6
BEFORE THE PLANNING COMMISSION
OF THE
CITY OF SPRINGFIELD
REQUEST FOR ZONE CHANGE (
CASE NUMBER ZON2010-00003 (
(
(
FINDINGS, CONCLUSION AND ORDER (
NATURE OF THE APPLICATION
Zone change from LMI (Light Medium Industrial) to HI (Heavy Industrial) for property located at 945 28th Street.
The property is identified as map and tax lots 1702310001100, 1702310001101, 1702310001000 and
1702312202300.
1. The application conforms to the provisions of Section 5.22-115 of the Springfield Development Code.
This is a quasi-judicial Zoning Map Amendment. It involves the application of existing policy to a
specific factual setting affecting a single property, and does not include a Metro Plan diagram
amendment. Quasi-judicial Zoning Map amendments are reviewed using the Type III procedure (a
public hearing before the Planning Commission).
2. Timely and sufficient notice of the public hearing, pursuant to Section 5.1-135 of the Springfield
Development Code was provided. On April 19, 2010, notice of the public hearing was sent to adjacent
property owners/occupants within 300 feet of the subject site. On April 26, 2010, notification was
published in the Register Guard.
3. On May 18, 2010, a public hearing on the proposed zoning map amendment was held. The
Development Services staff notes, including criteria of approval, findings, and recommendations,
together with the testimony and submittals of those persons testifying at the hearing or in writing, have
been considered and are part of the record of this proceeding.
CONCLUSION
On the basis of this record, the requested zoning map amendment is consistent with the criteria of approval of
Section 5.22-115 of the Development Code. This general finding is supported by the specific findings of fact
and conclusion in the Staff Report that is attached hereto.
ORDER
It is the ORDER of the Planning Commission of Springfield that Journal Number ZON2010-00003 be approved
and the zoning be amended from LMI (Light Medium Industrial) to HI (Heavy Industrial).
This DECISION was presented to and approved by the Planning Commission on May 18, 2010.
_____________________________________
Planning Commission Chairperson
ATTEST:
AYES: _____
NOES: _____
ABSENT: _____
ABSTAIN: _____
Attachment 2-1
Attachment 3-1
Attachment 4-1
Attachment 5-1
Attachment 5-2
Attachment 6-1