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Home My WebLink AboutOrdinance 6400 04/15/2019 CITY OF SPRINGFIELD, OREGON ORDINANCE NO. 6400 (GENERAL) AN ORDINANCE AMENDING THE EUGENE-SPRINGFIELD METROPOLITAN AREA GENERAL PLAN (METRO PLAN) DIAGRAM BY REDESIGNATING APPROXIMATELY 0.63 ACRES OF LAND FROM LOW DENSITY RESIDENTIAL (LDR) TO MEDIUM DENSITY RESIDENTIAL (MDR); REDESIGNATING APPROXIMATELY 2.78 ACRES OF LAND FROM LDR TO HIGH DENSITY RESIDENTIAL (HDR); CONCURRENTLY AMENDING THE GATEWAY REFINEMENT PLAN DIAGRAM BY REDESIGNATING THE SAME APPROXIMATELY 0.63 ACRES OF LAND FROM LDR TO MDR AND THE SAME APPROXIMATELY 2.78 ACRES OF LAND FROM LDR TO HDR; CONCURRENTLY AMENDING THE SPRINGFIELD ZONING MAP BY REZONING THE SAME APPROXIMATELY 0.63 ACRES OF LAND FROM LDR TO MDR AND REZONING THE SAME APPROXIMATELY 2.78 ACRES OF LAND FROM LDR TO HDR; ADOPTING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF SPRINGFIELD FINDS THAT: WHEREAS, Section 5.14-100 of the Springfield Development Code (SDC) sets forth procedures for Metro Plan diagram amendments: and WHEREAS, Section 5.14-115.A of the SDC classifies amendments to the Metro Plan diagram for land inside the Springfield City limits as being Type I Metro Plan amendments that require approval by Springfield only; and WHEREAS, Section 5.14-125.A of the SDC sets forth procedures for property owners to initiate a Type I Metro Plan diagram amendment for property under their ownership: and WHEREAS, the applicant/owner of the subject property initiated a Type I Metro Plan diagram amendment for four parcels as follows: Redesignate approximately 0.63 acres of property identified herein as a portion of 3491 Game Farm Road (Assessor's Map 17-03-22-00, a portion of Tax Lot 600). as generally depicted and more particularly described in Exhibit A to this Ordinance. from Low Density Residential to Medium Density Residential: and Redesignate approximately 2.78 acres of property identified herein as 377 & 385 Deadmond Ferry Road and 3535 Game Farm Road (Assessor's Map 17-03-15-40. Tax Lots 2300-2500) as generally depicted and more particularly described in Exhibit B to this Ordinance. from Low Density Residential to High Density Residential (Planning Case 811-18-000234-TYP4); and WHEREAS, Section 5.22-110 of the SDC sets forth procedures for property owners to initiate an amendment to the Springfield Zoning Map: and WHEREAS, Section 5.22-110.A.1 sets forth procedures for concurrent amendments to the Metro Plan diagram and Springfield Zoning Map through the Zoning Map amendment process: and WHEREAS the applicant/owner of the subject property initiated the following Springfield Zoning Map amendment: Rezone approximately 0.63 acres of property identified herein as a portion of 3491 Game Farm Road (Assessor's Map 17-03-22-00, a portion ofTax Lot 600). as generally depicted and more particularly described in Exhibit A to this Ordinance. from Low Density Residential to Medium Density Residential: and Page 1 of 3 Rezone approximately 2.78 acres of property identified herein as 377 & 385 Deadmond Ferry Road and 3535 Game Farm Road (Assessor's Map 17-03-15-40, Tax Lots 2300-2500) as generally depicted and more particularly described in Exhibit B to this Ordinance, from Low Density Residential to High Density Residential (Planning Case 811-18-000235-TYP3); and WHEREAS, on February 5. 2019 the Springfield Planning Commission opened a public hearing on the proposed Metro Plan diagram amendment request and concurrent request for Gateway Refinement Plan diagram and Zoning Map amendments; the Development & Public Works Department staff report, including criteria of approval, findings and recommendations, together with the testimony and submittals of the persons testifying at that hearing, were considered and were made a part of the record of the proceeding; WHEREAS, the Planning Commission concluded the public hearing at the regular meeting on March 19, 2019 and deliberated on the requests and voted unanimously to forward a recommendation of approval to the City Council on the proposed Metro Plan diagram, Gateway Refinement Plan diagram, and Zoning Map amendments; and WHEREAS, on April 1, 2019 the City Council held a public hearing to receive testimony and hear comments on the proposals; and WHEREAS, The City Council is now ready to take action on these proposals based upon the above recommendations of the Planning Commission and the evidence and testimony already in the record, as well as the evidence and testimony presented at this public hearing held in the matter of adopting this Ordinance amending the Metro Plan diagram, Gateway Refinement Plan diagram. and Springfield Zoning Map; and WHEREAS, substantial evidence exists within the record and the findings set forth in Exhibit C and D, attached hereto and incorporated herein by reference. that the proposal meets the relevant approval criteria. NOW. THEREFORE, BASED ON THE FOREGOING FINDINGS. THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS: Section 1. The above findings and conclusions and those in the staff report set forth in Exhibit C and D, attached hereto and incorporated herein by reference, are hereby adopted. Section 2. The Metro Plan diagram designation of the subject property identified as a portion of 3491 Game Farm Road (Assessor's Map 17-03-22-00, a portion of Tax Lot 600). generally depicted and more particularly described in Exhibit A attached hereto and incorporated herein by reference, is hereby amended from Low Density Residential (LDR) to Medium Density Residential (MDR). Section 3. The Metro Plan diagram designation of the subject properties identified as 377 & 385 Deadmond Ferry Road and 3535 Game Farm Road (Assessor's Map 17-03-15-40, Tax Lots 2300- 2500), generally depicted and more particularly described in Exhibit B attached hereto and incorporated herein by reference, are hereby amended from Low Density Residential (LDR) to High Density Residential (HDR). Section 4. The Gateway Refinement Plan diagram designation of the subject property identified as a portion of 3491 Game Farm Road (Assessor's Map 17-03-22-00. a portion of Tax Lot 600), generally depicted and more particularly described in Exhibit A attached hereto and incorporated herein by reference. is hereby amended from LDR to MDR. Page 2 of 3 ORDINANCE NO. 6400 Section 5. The Gateway Refinement Plan diagram designation of the subject properties identified as 377 & 385 Deadmond Ferry Road and 3535 Game Farm Road (Assessor's Map 17-03-15- 40, Tax Lots 2300-2500), generally depicted and more particularly described in Exhibit B attached hereto and incorporated herein by reference, are hereby amended from LDR to HDR. Section 6. The Springfield Zoning Map is hereby amended to rezone the subject property identified as a portion of 3491 Game Farm Road (Assessor's Map 17-03-22-00, a portion of Tax Lot 600), generally depicted and more particularly described in Exhibit A attached hereto and incorporated herein by reference. from LDR to MDR. Section 7. The Springfield Zoning Map is hereby amended to rezone the subject properties identified as 377 & 385 Deadmond Ferry Road and 3535 Game Farm Road (Assessor's Map 17-03-15- 40, Tax Lots 2300-2500). generally depicted and more particularly described in Exhibit B attached hereto and incorporated herein by reference, from LDR to HDR. Section 8. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, that portion shall be deemed a separate. distinct, and independent provision and that holding shall not affect the validity of the remaining portion of this Ordinance. Section 19. Notwithstanding the effective date of ordinances as provided by Section 2.110 of the Springfield Municipal Code. this ordinance shall become effective 30 days from the date of passage by the City Council and approval by the Mayor or upon the date of acknowledgement as provided in ORS 197.625, whichever date is later. ADOPTED by the City Council of the City of Springfield this 15 day of Apri 1 . 2019 by a vote of 6 for and 0 against. APPROVED by the Mayor of the City of Springfield this 15 day of April . 2019. • Mayor ATTEST: REVIEWED&APPROVED AFRM -k‘+LL �zs 1 City R rder AT : OFFICE OF CITY ATTORNEY Page 3 of 3 ORDINANCE NO. 6400 EXHIBIT A, Page 1 of 1 EXHIBIT A — Map and Legal Description PROPERTY REDESIGNATED AND REZONED FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL Deadmond Ferry Rd y Beltline Rd _........_ St Joseph PI --- • ,o LEGAL DESCRIPTION Beginning at the northwest corner of the William H. Stevens D.L.C. No. 46 in Township 17 South, Range 3 West of the Willamette Meridian; thence along the north line of said W.H. Stevens D.L.C. No. 46 as said line is defined in C.S.F. No. 20782 on file in the office of the Lane County Surveyor, North 89° 59' 16" East 2455.70 feet to a point, said point being of record as marking the intersection of the north line of the W.H. Stevens D.L.C. No. 46 and the centerline of County Road No. 3; thence continuing along the afore-described north line North 89° 59' 16" East 440.46 feet to a point, said point being the northwest corner of that certain tract of land described in a Warranty Deed recorded April 13, 2005, Document No. 2005-026173 Lane County Oregon Deeds and Records; thence leaving said north line and running along the west boundary of said fast described tract South 00° 07' 16" West 12.25 feet to a point referenced by a 5/8" rebar set on the south margin of Deadmond Ferry Road,said point being 35.0 feet southerly of,when measured at right angles to, the centerline of Deadmond Ferry Road;thence continuing along said west boundary South 00°07' 16" West 225.50 feet to the True Point of Beginning; thence leaving said west boundary and running South 89° 59' 16" West 231.53 feet to a point on the east boundary of that certain tract of land conveyed to the City of Springfield through a Warranty Deed recorded May 19, 2005, Document No. 2005-036710 Lane County Oregon Deeds and Records;thence along the easterly boundary of said last described tract South 32°09' 44" East 79.93 feet to a point on the north boundary of that certain tract of land described in a Warranty Deed recorded August 20, 1980, Recep. No. 8041063 Lane County Oregon Deeds and Records; thence leaving said easterly boundary and running along the north boundary of said last described tract North 89° 59' 16" East 424.09 feet to the northeast corner thereof, said point being referenced by a 5/8" rebar on the west boundary of Lot 11 of RIVERBEND, PHASE II as platted and recorded June 3, 2008 Document No. 2008-030895 Lane County Oregon Deeds and Records;thence leaving said north boundary and running along the west boundary of said Lot 11 North 00° 07' 14" West 55.67 feet to a 5/8" rebar referencing the southeast corner of that certain tract of land described in a Warranty Deed recorded April 13, 2005, Document No. 2005-026173 Lane County Oregon Deeds and Records; thence leaving the west boundary of said Lot 11 and running along the south boundary of said last described tract South 89° 59' 16" West 235.01 feet to the southwest corner thereof; thence along the west boundary of said last described tract North 00°07' 16" East 12.00 feet to the True Point of Beginning,all in Lane County Oregon. Containing 0.627 acres more or less. ORDINANCE NO. 6400 EXHIBIT B, Page 1 of 2 EXHIBIT B — Map and Legal Description PROPERTIES REDESIGNATED AND REZONED FROM LOW DENSITY RESIDENTIAL TO HIGH DENSITY RESIDENTIAL I 1 r Ferry Deadmond Rd e I Beltline Rd �......._........... ........ St Joseph PI r• C: LEGAL DESCRIPTION Parcel 1 (3535 Game Farm Road, Map 17-03-15-40,Tax Lot 2500): Real property in the County of Lane, State of Oregon, described as follows: Beginning at the northwest corner of the William H. Stevens D.L.C. No. 46 in Township 17 South, Range 3 West of the Willamette Meridian; thence along the north line of said W. H. Stevens D.L.C. No. 46, as said line is defined in C.S.F. No. 20782 on file in the office of the Lane County Surveyor, North 89°59' 16" East 2455.70 feet to a point,said point being of record as marking the intersection of the north line of the W.H. Stevens D.L.C. No. 46 and the centerline of County Road No. 3; thence continuing along the afore-described north line North 89° 59' 16" East 440.46 feet to a point, said point being the northwest corner of that certain tract of land described in a Warranty Deed recorded April 13, 2005, Document No. 2005-026173 Lane County Oregon Deeds and Records; thence leaving said north line and running along the west boundary of said last described tract South 00° 07' 16" West 12.25 feet to a point referenced by a 5/8" rebar set on the south margin of Deadmond Ferry Road,said point being 35.0 feet southerly of, when measured at right angles to,the centerline of Deadmond Ferry • Road, said point also being the True Point of Beginning; thence continuing along said west boundary South 00° 07' 16" West 225.50 feet; thence leaving said west boundary and running south 89° 59' 16" West 231.53 feet to a point on the east boundary of that certain tract of land conveyed to the City of Springfield through a Warranty Deed recorded June 7, 2005, Document No. 2005-041501 Lane County Oregon Deeds and Records;thence along said east boundary North 32° 09' 44" West 132.48 feet to a point that is opposite and 46.00 feet easterly of Engineers Centerline Station L 26+97.70 P.C.; thence continuing along the said easterly boundary North 32° 10' 18" West 11.27 feet to a point opposite and 45.13 feet easterly of Engineers Centerline Station L 27+18.02 P.O.C.;thence South 67° 55' 59"West 0.33 feet to a point on the easterly boundary of that certain tract of land conveyed to the City of Springfield through a Warranty Deed recorded November 3, 1993 Recep. No. 9371060 Lane County Oregon Deeds and Records; thence along the easterly boundary of said last described tract the following three (3) courses and distances, 1) along the arc of a 273.00 foot radius curve right (the chord of which bears North 10°47' 28" West 74.45 feet) a distance of 74.68 feet, 2) along the arc of a 20.00 foot radius curve right (the chord of which bears North 43° 31' 00" East 29.00 feet) a distance of 32.44 feet and 3) North 89° 59' 16" East 27.00 feet; thence North 00° 00' 44" West 9.49 feet to a point on the south margin of Deadmond Ferry Road, said point being 35.00 feet southerly of, when measured at right angles to the centerline of ORDINANCE NO. 6400 EXHIBIT B, Page 2 of 2 Deadmond Ferry Road;thence along the south margin of Deadmond Ferry Road 89°56' 00" East 275.81 feet to the True Point of Beginning, all in Lane County Oregon. Parcel 2 (385 Deadmond Ferry Road, Map 17-03-15-40,Tax Lot 2400): Real property in the County of Lane, State of Oregon, described as follows: Beginning at the northwest corner of the William H. Stevens Donation Land Claim No. 46, in Section 15, Township 17 South, Range 3 West of the Willamette Meridian; thence North 89° 56' East, 2895.88 feet to a point marked by an iron pin on the north line of said Donation Land Claim and 5.0 feet south of the centerline of County Road No. 90, said point being the True Point of Beginning; thence North 89° 56' East, 175.0 feet along the north line of said Donation Land Claim and 5.0 feet south of the centerline of said road to a point marked by an iron pipe; thence South 250.00 feet to a point marked by an iron pipe; thence South 89° 56' West 17.50 feet along a line parallel with the north line of said Donation Land Claim to a point marked by an iron pin;thence North 250.0 feet to the True Point of Beginning, in Lane County, Oregon. Parcel 3 (377 Deadmond Ferry Road, Map 17-03-15-40,Tax Lot 2300): Real property in the County of Lane, State of Oregon, described as follows: Beginning at a point which is on the north line of the William H. Stevens Donation Land Claim No. 46, Township 17 South, Range 3 West of the Willamette Meridian, said 675.18 feet South 89°55' East from the intersection of County Roads No. 3 and No. 90(which said point is now described as being 2455.70 feet South 89° 55' East from the northwest corner of said Donation Land Claim) said beginning point being on the northeast extension of the west line of a tract conveyed to John A. Swenzey and wife, by deed recorded September 10, 1954, as Instrument No. 38030, Lane County Oregon Records; thence South along said line, and extension thereof, 250.0 feet;thence West 60 feet to the southeast corner of a tract conveyed to A.N. Kemery and wife, by deed recorded August 19, 1948, in Book 380 of Deeds, Page 247, Instrument No. 74307, Records of Lane County, Oregon;thence North along said line 250 feet to the northeast corner of said tract; thence East along the north line of said claim to the place of beginning, in Lane County, Oregon. Note: This legal description was created prior to January 1, 2008. ORDINANCE NO. 6400 EXHIBIT C. Page 1 of 20 Staff Report and Findings Springfield City Council Type I Amendment to the Metro Plan Diagram Meeting Date: April 1,2019 Case Number: 81 1-18-000234-TYP4 Applicant: Rick Satre, Schirmer Satre Group on behalf of Falk Investments Springfield LLC Project Location: 377 &385 Deadmond Ferry Road and 3491 & 3535 Game Farm Road (Assessor's Map 17- 03-15-40,Tax Lots 2300-2500; and Map 17-03-22-00, a Portion of Tax Lot 600). Request The City has received applications for a Type I Metro Plan diagram amendment and a concurrent Zoning Map amendment from a property owner. In accordance with Springfield Development Code (SDC) 5.14- 115.A.1, proposals for redesignating land inside the City limits are classified as a Type I Metro Plan diagram amendment requiring approval by Springfield only. In accordance with SDC Section 5.14- 125.A, an amendment to the Metro Plan diagram can be initiated by a property owner at any time. In accordance with SDC 5.14-130, the property-owner initiated amendment to the Metro Plan diagram is processed as a Type IV land use action that requires public hearings before the Springfield Planning Commission and City Council. The proposed Metro Plan diagram amendment would change the plan designation for three contiguous parcels and a variable-width strip of the abutting property to the south from Low Density Residential (LDR) to a combination of Medium Density Residential (MDR) and High Density Residential (HDR). The proposed amendment to the Metro Plan diagram would also amend the adopted Gateway Refinement Plan diagram, which is a refinement plan to the Metro Plan. Concurrent with the comprehensive plan amendment, an amendment to the Springfield Zoning Map would change the zoning of the site from LDR to MDR and HDR. The proposed plan designation and zoning would allow for construction of townhouse or apartment style units, and nursing home or group care facilities also could be constructed on the property. According to the applicant's submittal: "The development objective is to construct an assisted living facility on the subject property. This will require a change in the Metro Plan designation for the three tax lots from Low Density Residential (LDR) to High Density Residential (HDR). (Along with a change in zoning from LDR to HDR, an application for which is submitted concurrently with this Metro Plan Amendment application)." The application was submitted on December 7, 2018 and the Springfield Planning Commission opened the public hearing on the proposed Metro Plan diagram, Gateway Refinement Plan diagram, and Zoning Map amendments on February 5, 2019. The public hearing was continued to February 20 and then to the regular meeting on March 19, 2019 to allow for submittal of additional findings and diagrams in support of the application. The Planning Commission unanimously adopted a recommendation of approval for the Metro Plan diagram amendment and Zone Change at the regular meeting on March 19, 2019 (Attachment 6). ORDINANCE NO. 6400 EXHIBIT C, Page 2 of 20 Notification and Written Comments In accordance with the Oregon Administrative Rule (OAR) 660-018-0020, prior to adopting a change to an acknowledged comprehensive plan or land use regulation, local governments are required to notify the state Department of Land Conservation and Development (DLCD) at least 35 days prior to the first evidentiary hearing. A Notice of Proposed Amendment was transmitted to the DLCD on December 28, 2018, which is 39 days prior to the initial Planning Commission public hearing on the matter. In accordance with SDC 5.2-110.B, this decision requires mailed notification of the public hearing as well as notice in a newspaper of general circulation. Notification of the February 5, 2019 Planning Commission public hearing was mailed to adjacent property owners and residents on January 14, 2019 and published in the legal notices section of The Register Guard on January 28, 2019. Staff also posted notices of the February 5, 2019 public hearing along the Game Farm Road and Deadmond Ferry Road frontages of the subject property, in the lobby of City Hall, on the Development& Public Works office digital display, and on the City's webpage. In accordance with SDC 5.2-135P, no further notices were mailed or published for the continued hearing on February 20 and March 19, because the time and place of the continued hearing was announced by the Planning Commission during the hearings on February 5 and February 20, respectively. Notification of the April 1, 2019 City Council public hearing was mailed to adjacent property owners and residents on March 8, 2019 and published in the legal notices section of The Register Guard on March 25, 2019. Staff also posted notices of the April 1, 2019 public hearing along the Game Farm Road and Deadmond Ferry Road frontages of the subject property, in the lobby of City Hall, on the Development & Public Works office digital display,and on the City's webpage. As a result of the public notifications for both the Planning Commission and City Council public hearings, staff received a telephone call requesting additional information about the proposal and one written comment on March 20,2019, from Sally Brown,335 Deadmond Ferry Road, Springfield: "I would like to express my concerns regarding Falk Investment developing properties on Deadmond Ferry and Game Farm Rd. The property at 385 Deadmond Ferry has been vacant since the first part of November 2018. The house is not secured, there is an abandoned fifth wheel and the property has garbage everywhere. The Folks willingness to leave this property in this condition brings into question the type of neighbor they will be. Their total lack of respect for other neighbors and the impact the condition of this property has to other property owners in the area is appalling. On more than[sic]one occasion I have gone to the Memory Care Center and ask to have the owners call so I could express my concerns and have not had any response. That again brings up the total lack of concern for the neighborhood. With this lack of concern to the condition of properties that they own what will be their response in the future to any other concerns." Staff Response: The submitted comment does not address the criteria for approval. However, staff forwarded the written comment to the applicant for their information and follow-up. The developer has acquired a demolition permit and advised that they will be moving forward with demolition of the house and overall cleanup of the site at the earliest opportunity. At the public hearing meeting on April 1, 2019, one person provided testimony in opposition to the proposed Metro Plan diagram amendment citing existing traffic conditions on Game Farm Road between Deadmond Ferry Road and Beltline Road. The respondent expressed concerns that queueing for the traffic signal at Game Farm Road and Beltline Road often causes vehicles to back up past the driveway entrance to the Patrician Manufactured Home Park. According to the respondent, this vehicle queueing prevents ORDINANCE NO. 6400 EXHIBIT C, Page 3 of 20 vehicles from entering or exiting the driveway serving the manufactured home park. The City's Traffic Engineer has already initiated a review of the traffic signal timing for the Game Farm Road and Beltline Road intersection and will be evaluating other measures that could be implemented to address traffic concerns in the area. Because the traffic concerns identified in the testimony are existing conditions, staff recommends that the current request for Metro Plan diagram amendment proceed on its own merits, particularly because the applicant is proposing a trip cap for the site as detailed in Subsection A (Goal 12— Transportation)below. Criteria of Approval Section 5.14-135 of the SDC contains the criteria of approval for the decision maker to utilize during review of Metro Plan diagram amendments. The Criteria of approval are: SDC 5.14-135 CRITERIA A Metro Plan amendment may be approved only if the Springfield City Council and other applicable governing body or bodies find that the proposal conforms to the following criteria: A. The amendment shall be consistent with applicable Statewide Planning Goals;and B. Plan inconsistency: 1. In those cases where the Metro Plan applies, adoption of the amendment shall not make the Metro Plan internally inconsistent. 2. In cases where Springfield Comprehensive Plan applies, the amendment shall be consistent with the Springfield Comprehensive Plan. A. Consistency with Applicable State-Wide Planning Goals Finding 1: Of the 19 statewide goals, 13 should be considered in general terms as "urban" goals, that is, these goals will be applicable for purposes of review to any plan map amendments in the city; however, it is the proposal and its effect on the purpose of these goals that will determine whether or not the proposed amendment is "consistent with" the applicable goals. The goals that are to be evaluated are: Goal l — Citizen Involvement; Goal 2 — Land Use Planning; Goal 5 - Natural Resources, Scenic and Historic Areas, and Open Spaces; Goal 6 - Air, Water and Land Resources Quality; Goal 7 — Areas Subject to Natural Hazards; Goal 8 - Recreational Needs; Goal 9 — Economic Development; Goal 10 — Housing; Goal 11 - Public Facilities and Services; Goal 12 - Transportation; Goal 13 - Energy Conservation; Goal 14 — Urbanization; and Goal 15 - Willamette River Greenway. All of the statewide goals are listed below; the narrative that accompanies each is more expositive when the discussion applies to the 13 goals identified above. Goal 1 —Citizen Involvement Applicant's Narrative: "The City has acknowledged provisions for citizen involvement that ensure the opportunity for citizens to be involved in all phases of the planning process. The proposed citizen-initiated amendment to the adopted Metro Plan diagram is subject to the City's acknowledged plan amendment process — SDC Section 5.14-100 Metro Plan Amendments and the City's public notice standards — SDC Section 5.2-115 which requires a public hearing before the Springfield Planning Commission and a public hearing before the City Council, and includes ORDINANCE NO. 6400 EXHIBIT C, Page 4 of 20 specifications for the content, timing and dispersal of mailed notice. This proposed Metro Plan amendment does not amend the citizen involvement program. The process for adopting amendments is in accordance with Statewide Planning Goal 1, as it complies with the requirements of the State's citizen involvement provisions. Therefore, the amendment is consistent with Statewide Planning Goal 1." Finding 2: Goal 1 —Citizen Involvement calls for"the opportunity for citizens to be involved in all phases of the planning process." As the applicant notes in their narrative, the proposed citizen- initiated amendment to the adopted Metro Plan diagram is subject to the City's acknowledged plan amendment process—SDC 5.14-100 Metro Plan Amendments and the City's public notice standards — SDC 5.2-115 which requires a public hearing before the Springfield Planning Commission and a public hearing before the Springfield City Council, and includes specifications for the content, timing and dispersal of mailed notice (see description following). The Planning Commission opened a public hearing to consider the proposed amendments on February 5, 2019. Mailed notification of the Planning Commission public hearing was provided to all property owners and residents within 300 feet of the subject property on January 14, 2019. The Planning Commission public hearing was advertised in the legal notices section of the Register-Guard on January 28, 2019. The public hearing on February 5, 2019 was continued to February 20, 2019 and then to March 19, 2019. Pursuant to SDC 5.2-135P, both times the continuation was ordered before the close of the hearing and the Commission announced the time of place of the continued hearing. The City Council public hearing date was originally advertised for March 18, 2019, so mailed notification of the revised City Council public hearing date was provided to all property owners and residents within 300 feet of the subject property on March 8, 2019. The City Council public hearing was advertised in the legal notices section of the Register-Guard on March 25, 2019. Additionally, staff posted revised public hearing notices at two locations on the subject property, in the lobby of City Hall, on the Development & Public Works office digital display, and on the City's webpage. The notice for this proposed Metro Plan diagram amendment complies with SDC 5.2-115 and is consistent with Goal 1 requirements. Goal 2—Land Use Planning Applicant's Narrative: "The Eugene-Springfield Metropolitan Area General Plan (Metro Plan) is the acknowledged comprehensive plan for guiding land use planning in Springfield. The City has adopted refinement plans that provide more detailed direction for land use planning under the umbrella of the Metro Plan. The subject property is within the adopted Gateway Refinement Plan area and the proposed amendment to the Metro Plan diagram would concurrently amend the adopted Refinement Plan diagram. The City is in the process of adopting the Springfield Comprehensive Plan the final version of which will replace the Metro Plan. In February 2011, the Springfield 2030 Refinement Plan Residential Land Use and Housing Element replaced the Metro Plan's Residential Element, including findings, objectives and policies. Thus, the 2030 Residential Land Use and Housing Element is an adopted refinement to the Metro Plan. These findings and records show that there is an adequate factual base for decisions to be made concerning the proposed amendment. Goal 2 further requires plans be coordinated with the plans of affected governmental units and that opportunities be provided for review and comment by those units. To comply with the Goal 2 coordination requirement, the City will coordinate the review of the amendment with affected governmental units. Therefore, the amendment is consistent with Statewide Planning Goal 2." ORDINANCE NO. 6400 EXHIBIT C, Page 5 of 20 Finding 3: Goal 2 — Land Use Planning outlines the basic procedures for Oregon's statewide planning program. In accordance with Goal 2, land use decisions are to be made in accordance with a comprehensive plan, and jurisdictions are to adopt suitable implementation ordinances that put the plan's policies into force and effect. Consistent with the City's coordination responsibilities and obligations to provide affected local agencies with an opportunity to comment, the City sent a copy of the application submittals to the following agencies: Willamalane Park & Recreation District; Springfield Utility Board (water, ground water protection, electricity and energy conservation); Lane 911; United States Postal Service; Northwest Natural Gas; Emerald People's Utility District; Rainbow Water District; Eugene Water and Electric Board — Water and Electric Departments; Springfield School District #19 Maintenance, Safe Routes to School and Financial Services; Lane County Transportation, County Sanitarian; Lane Regional Air Pollution Authority; Comcast Cable; CenturyLink; Lane Transit District; and ODOT Planning and Development, State Highway Division. Additionally, notice was provided electronically to DLCD on December 28,2018. Finding 4: The Metro Plan is the acknowledged comprehensive plan for guiding land use planning in Springfield. The City has adopted other neighborhood- or area-specific plans (such as Refinement Plans) that provide more detailed direction for land use planning under the umbrella of the Metro Plan. The subject property is within the adopted Gateway Refinement Plan area and the proposed amendment to the Metro Plan diagram would concurrently amend the adopted Refinement Plan diagram. Additionally, the City is in the process of developing and adopting a Springfield- specific Comprehensive Plan.. The Springfield 2030 Refinement Plan Residential Land Use and Housing Element provides supplemental policy and expands upon — but does not replace — the applicable residential Metro Plan policies. The City's initial action to this end was the adoption of Ordinance#6268 on June 20,2011,which "[E]stablishes a separate Urban Growth Boundary for the City of Springfield as required by ORS 197.304 and a tax lot specific map of the UGB in accordance with OAR 660-024- 0020(2); and the Springfield 2030 Refinement Plan Residential Land Use and Housing Element and Springfield Residential Land and Housing Needs Analysis February 2011 attached as Exhibit A and B and incorporated here by this reference are adopted pursuant to ORS 197.304 as refinements to the Metro Plan." This action refined and updated the Metro Plan's Residential Element, including findings, objectives and policies. Finding 5: The public hearing process used for amendment of the Metro Plan and adopted Refinement Plans is specified in Chapter IV Metro Plan Review, Amendments, and Refinements. The findings under Criteria B (below) demonstrate that the proposed amendment will not make the adopted Metro Plan internally inconsistent. Finding 6: The Springfield Development Code is a key mechanism used to implement the goals and policies of the City's adopted comprehensive plans, particularly the Metro Plan. The proposal is classified as a Type I amendment to the adopted Metro Plan diagram that is approved by Springfield only in accordance with SDC 5.14-115.A. The proposed Metro Plan diagram amendment is processed as a Type IV land use action as described in SDC 5.1-140 and 5.14-130. The process observed for the proposed Metro Plan diagram amendment is consistent with the policies pertaining to Review, Amendments and Refinements. Additionally, the proposed Metro Plan diagram amendment has been initiated in accordance with the provisions of the City's acknowledged Comprehensive Plan and Development Code. The proposed Metro Plan diagram amendment does ORDINANCE NO. 6400 Alm EXHIBIT C, Page 6 of 20 not affect City ordinances, policies, plans, and studies adopted to comply with Goal 2 requirements, and that notice and coordination requirements "with those local governments, state and federal agencies and special districts which have programs, land ownerships, or responsibilities within the area"that includes this proposal have been provided consistent with Goal 2. Goal 3 —Agricultural Land Applicant's Narrative: "Goal 3 is not applicable to this amendment, as the subject property and proposed action is located within an acknowledged urban growth boundary and does not affect any agricultural plan designation or use. Goal 3 excludes lands inside an acknowledged urban growth boundary and therefore does not have farm land zoning within its jurisdictional boundary. Furthermore, the site of the proposed Metro Plan diagram amendment is inside the City's acknowledged UGB and within a mature, long-developed industrial/office/commercial neighborhood. Consequently, Goal 3 is not applicable." Finding 7: Goal 3 —As noted by the applicant in their narrative, Agricultural Land applies to areas subject to farm zoning that are outside acknowledged urban growth, boundaries (UGBs): "Agricultural land does not include land within acknowledged urban growth boundaries or land within acknowledged exceptions to Goals 3 or 4." (Text of Goal 3). The City has an acknowledged UGB and therefore consistent with the express language of the Goal, does not have farm land zoning within its jurisdictional boundary. Furthermore, the site of the proposed Metro Plan diagram amendment is inside the City's acknowledged UGB and within a developed neighborhood. Consequently, and as expressed in the text of the Goal, Goal 3 is not applicable. Goal 4—Forest Land Applicant's Narrative: "Goal 4 is not applicable as the subject property and proposed action does not affect any forest plan designation or use. Goal 4 does not apply within urban growth boundaries and, therefore, does not apply to the subject property nor affect the area's compliance with Statewide Planning Goal 4. Consequently, Goal 4 is not applicable." Finding 8: Goal 4 — Forest Land applies to timber lands zoned for that use that are outside acknowledged UGBs with the intent to conserve forest lands for forest uses: "Oregon Administrative Rule 660-006-0020: Plan Designation Within an Urban Growth Boundary. Goal 4 does hot apply within urban growth boundaries and therefore, the designation of forest lands is not required." The City has an acknowledged UGB and does not have forest zoning within its incorporated area. Furthermore, the site of the proposed Metro Plan diagram amendment is inside the City's UGB. Consequently, and as expressed in the text of the Goal, Goal 4 is not applicable. Goal 5 —Natural Resources, Scenic and Historic Areas,and Open Spaces Applicant's Narrative: "Open Spaces, Scenic and Historic Areas, and Natural Resources applies to more than a dozen natural and cultural resources such as wildlife habitats and wetlands and establishes a process for each resource to be inventoried and evaluated. The Springfield Natural Resources Inventory does not list a Goal 5 natural resource on or near the site. However, the Springfield Water Quality Watercourses Map (adopted July 2002, updated January 2016) and the Springfield Wetlands Map (July 2010) both show a small dot of a `local wetland' in the far southeast corner of the site (on tax lots 2300 and 2400) and extending to the south (on tax lot 600). A May 2014 Wetland Delineation conducted as part of the adjacent memory care project (on tax lot ORDINANCE NO. 6400 EXHIBIT C, Page 7 of 20 600) documents the lot 600 portion of the wetland as being 0.06 acres in size. (It is estimated that the entire wetland is approximately 0.10 acres in size). The 2014 delineation defined the wetland as a `Palustrine Emergent Seasonally Flooded/Saturated (PEM) wetland' and described it as a ...remnant wetland of an historic side channel of the McKenzie River. ' The memory care facility built around the wetland and did not disturb it. It is not yet known how the proposed assisted living facility will interface with the wetland. Regardless of the presence or absence of a Goal 5 resource on the subject property, the City does not have a specific plan designation which it applies to inventoried Goal 5 natural resources; the presence of these resources is completely independent of the process used to designate land. Protective measures for all of the city's inventoried Goal 5 resources are applicable to the resource and are not circumscribed or altered based on land designation. The proposed amendment to the Metro Plan diagram and the Gateway Refinement Plan diagram does not modify or alter the City's Development Code or other Metro Plan policies relating to identified natural resources. The proposed diagram amendment does not make any changes to adopted Goal 5 natural resources, development standards or protective measures adopted to comply with Goal 5 requirements. Therefore, this proposed Metro Plan amendment does not alter the City's acknowledged compliance with Goal 5." Finding 9: Goal 5 — Open Spaces, Scenic and Historic Areas, and Natural Resources applies to more than a dozen natural and cultural resources such as wildlife habitats and wetlands, and establishes a process for each resource to be inventoried and evaluated. As stated in the applicant's narrative, the site that is subject of the proposed Metro Plan diagram amendment has not been identified in the City's Natural Resources Inventory, Register of Historic Sites, or the Willamalane Park & Recreation District Comprehensive Plan. Additionally, the City does not have a specific zoning district which it applies to inventoried Goal 5 natural resources. The remnant wetland area described in the applicant's narrative will be evaluated during the site development process once detailed plans are prepared and submitted for review. Protective measures for the wetland feature will be implemented as necessary through the development approval process. Therefore, this action does not alter the City's acknowledged compliance with Goal 5. Goal 6—Air, Water and Land Resources Quality Applicant's Narrative: "Goal 6 addresses waste and discharges from development and is aimed at protecting air, water, and land from impacts from those discharges. Nothing in the proposal, character of the site, or potential uses indicates a future development that would compromise air, water, and land resources. The proposal does not amend the metropolitan area's air, water quality, or land resource policies. The City can reasonably expect that future development of the site complies with applicable environmental laws. Therefore, the amendment is consistent with Statewide Planning Goal 6." Finding 10: Goal 6—Air, Water and Land Resources Quality applies to local comprehensive plans and the implementation of measures consistent with state and Federal regulations on matters such as clean air, clean water, and preventing groundwater pollution. The proposed Metro Plan diagram amendment and concurrent Gateway Refinement Plan amendment does not affect City ordinances, policies, plans,and studies adopted to comply with Goal 6 requirements. Therefore, this action does not alter the City's acknowledged compliance with Goal 6. ORDINANCE NO. 6400 EXHIBIT C, Page 8 of 20 Goal 7—Areas Subject to Natural Hazards Applicant's Narrative: "Goal 7 requires that local government planning programs include provisions to protect people and property from natural hazards such as floods, landslides, earthquakes and related hazards, tsunamis and wildfires. The subject property is within a mature, developed residential neighborhood and is not located within known areas of natural disasters or hazards. The subject property is outside the flood zone and is not subject to hazards normally associated with steep slopes, wildfires, or tsunamis. Other hazards, such as earthquakes and severe winter storms can be mitigated at the time of development based on accepted building codes and building techniques. Therefore, this amendment is consistent with Statewide Planning Goal 7." Finding 11: Goal 7 — Areas Subject to Natural Hazards applies to development in areas such as floodplains and potential landslide areas. Local jurisdictions are required to apply "appropriate safeguards" when planning for development in hazard areas. The City has inventoried areas subject to natural hazards such as the McKenzie and Willamette River floodplains and potential landslide areas on steeply sloping hillsides. The subject site is within a developed residential neighborhood but it is outside the mapped 100-year flood hazard area of the McKenzie River. Future site development will be subject to the provisions of the City's Site Plan Review process as described in SDC 5.17-100. Finding 12: The proposed Metro Plan diagram amendment has no effect on City ordinances, policies, plans, and studies adopted to comply with Goal 7 requirements and siting standards for development within hillside areas or the mapped flood hazard area of the McKenzie and Willamette Rivers. Therefore, this action has no effect on the City's acknowledged compliance with Goal 7. Goal 8— Recreational Needs Applicant's Narrative: "Statewide Planning Goal 8 requires communities to evaluate their recreation areas and facilities and to development plans to address current and projected demand. The Lyle Hatfield Linear Path, which is near the development and listed on the Willamalane Park& Recreation District's 20-Year Comprehensive Plan, has been extended to Deadmond Ferry Road and on-street bike paths have been added. The proposed amendment will not impact the provision of public recreational facilities nor affect access to existing or future public recreational facilities. The proposed Metro Plan diagram amendment would also not affect Willamalane's adopted Comprehensive Plan or other ordinances, policies, plans, and studies adopted to comply with Goal 8 requirements. As such, the amendment is consistent with Statewide Planning Goal 8." Finding 13: As stated in the applicant's narrative, Goal 8 — Recreational Needs requires communities to evaluate their recreation areas and facilities and to develop plans to address current and projected demand. The provision of recreation services within Springfield is the responsibility of Willamalane Park & Recreation District. Willamalane has an adopted 20-Year Comprehensive Plan for the provision of park, open space and recreation services for Springfield. The proposed Metro Plan diagram amendment would not affect Willamalane's adopted Comprehensive Plan or other ordinances, policies, plans, and studies adopted to comply with Goal 8 requirements. Therefore,this action has no effect on the City's acknowledged compliance with Goal 8. ORDINANCE NO. 6400 EXHIBIT C, Page 9 of 20 Goal 9—Economic Development Applicant's Narrative: "The proposed Metro Plan diagram amendment does not affect economic development, as it is not requesting to change the designation of the subject site to or from commercial. The amendment seeks to designate land currently identified as Low Density Residential to High Density Residential (see table on pg. 1 of applicant's narrative). Therefore, the proposed amendment will not impact economic development or commercial land supply in any way. The amendment is consistent with Statewide Planning Goal 9." Finding 14: Goal 9 — Economic Development addresses diversification and improvement of the economy. It requires local jurisdictions to conduct an inventory of commercial and industrial lands, anticipate future needs for such lands, and provide enough appropriately-zoned land to meet the projected demand over a 20-year planning horizon. The City previously completed an analysis of its employment land base and determined that a deficit existed. To address the projected deficit of commercial and industrial land, the City completed a multi-year process to expand the UGB in the North Gateway and South 28th Street areas. Expansion of the UGB is intended to provide sufficient employment-generating land area for the mandated 20-year planning horizon. The UGB expansion has been acknowledged by LCDC effective March 5, 2019. The proposed redesignation and rezoning of the subject property from Low Density Residential to High Density Residential and Medium Density Residential will not affect the amount of employment land within the City's inventory. Goal 10 - Housing Applicant's Narrative: "Goal 10 requires that communities plan for and maintain an inventory of buildable residential land for needed housing units. The Administrative Rule for Statewide Planning Goal 10 (OAR 660 Division 8)states: The mix and density of needed housing is determined in the housing needs projection. Sufficient buildable land shall be designated on the comprehensive plan map to satisfy housing needs by type and density range as determined in the housing needs projection. ' The subject property is currently designated for Low Density Residential and the applicant wishes to redesignate the property as High Density Residential (see table on pg. 1 of applicant's submittal). As mentioned in the applicant's response to SDC.5.14-105, the Springfield 2030 Residential Land and Housing Element designates 'the areas of the city best suited to high density residential uses are Downtown, Glenwood Riverfront/Franklin Corridor, and Gateway. Plans for these areas shall be updated to support development of additional high density residential uses adjacent to commercial and employment areas (pg. 5). ' The proposed redesignation would change the anticipated type of housing form on the property from single-family residential homes to duplex, four Alex, attached home, townhouse, or apartment units, or a combination of these types. A congregate care facility or group care home also could be constructed on the property under the proposed HDR zoning. Staff and third party analysis has determined that a surplus of LDR designated land exists within the City's land inventory. Redesignation of the subject property would have an incremental impact to the City's residential land base; arguably, the impact would be limited to a recalculation of surplus versus deficit levels for each of the Low and High Density Residential categories. The amount of surplus Low Density Residential land would be reduced by about 2.63 acres, and the deficit of High Density Residential land would be reduced by the same amount, 2.63 acres. Findings 10 and 11 of the Residential Land Use and Housing Element identify a surplus of approximately 378 gross acres ORDINANCE NO. 6400 EXHIBIT C, Page 10 of 20 of the LDR designation and a deficit of approximately 28 gross acres of HDR designation. However, the Residential Land Use and Housing Element (Residential Finding 11, Page 11)goes on to state that the 28-acre deficit of HDR designation will be met through redevelopment in Glenwood. As such, while there may not be a need to address an HDR deficit, the proposed development of the subject site is for a congregate care facility and thus the proposed use will not have any material effect on the HDR inventory. Given this, the proposed Metro Plan amendment will have no adverse effect on the city's acknowledged compliance with Goal 10." Finding 15: Goal 10 — Housing applies to the planning for — and provision of— needed housing types, including multi-family and manufactured housing. As noted by the applicant's narrative, staff and third-party analysis has determined that a surplus of LDR designated land exists within the City's land inventory. Based on the applicant's submittal (and staff recommendations found later in this report and the accompanying Zoning Map Amendment staff report), the amount of surplus Low Density Residential land would be reduced by about 3.41 acres, the amount of surplus Medium Density Residential (MDR) land would increase by about 0.63 acres, and the amount of available High Density Residential land would increase by about 2.78 acres. Findings 10 and 11 of the Residential Land Use and Housing Element identify a surplus of approximately 378 gross acres of LDR designation, a surplus of approximately 76 gross acres of MDR designation, and a deficit of approximately 28 gross acres of HDR designation. The Residential Land Use and Housing Element (Residential Finding 11, Page 11) goes on to state that the 28-acre deficit of HDR designation will be met through redevelopment of residential mixed-uses in the Glenwood Riverfront Mixed-Use Plan District. Finding 16: A series of Metro Plan amendments and Zone Changes have reduced the surplus of LDR designated land cited by the applicant's narrative by more than half. Adopted Ordinances 6364, 6373, 6374, 6375, 6378 and 6395 redesignated and rezoned more than 209.9 net acres of LDR-designated land to non-residential or higher density residential uses. Therefore, the amount of surplus LDR-designated land in the City's inventory is now approximately 168 acres. With adoption of Ordinance 6378, the amount of surplus MDR designated land has increased by 1.96 acres to approximately 78 acres, and the deficit of HDR designation has been reduced by 1.39 acres to approximately 26.6 acres, not including the Glenwood Riverfront Mixed-Use Plan District. The proposed Metro Plan amendment and Zone Change would further adjust these calculated surpluses and deficit. Finding 17: The proposed redesignation and rezoning would change the anticipated type of housing form on the property from single-family residential homes to four-plex, attached home, townhouse, or apartment units, or a combination of these types. A congregate care facility or group care home also could be constructed on the property under the proposed HDR zoning; the applicant has indicated in their project narrative that an assisted living facility is planned for the subject site. The site is adjacent to a pedestrian and transit-oriented Nodal Development area, and is close to major employers, health care facilities, multi-use pathway connections, and the regional transportation network. For these reasons, the site is appropriate for development under higher residential densities allowed in the MDR and HDR plan designation and zoning. Finding 18: The Springfield 2030 Refinement Plan Residential Land Use and Housing Element classifies the subject site as a combination of partially vacant and developed residential land. Therefore, part of the subject site is classified for further residential development or redevelopment. ORDINANCE NO. 6400 EXHIBIT C, Page 11 of 20 Finding 19: A variable-width strip of remnant LDR-zoned and designated property along the northern boundary of the abutting Rawlin Memory Care facility is proposed to be redesignated and rezoned to MDR through the current land use actions. The applicant's submittal information and diagrams have been revised accordingly to incorporate the remnant strip of LDR property. Finding 20: The proposed comprehensive plan amendment and zone change would not affect other City ordinances, policies, plans, and studies adopted to comply with Goal 10 requirements. Therefore,this action has no adverse effect on the city's acknowledged compliance with Goal 10. Goal 11 —Public Facilities and Services Applicant's Narrative: "The subject site affected by the proposed Metro Plan diagram amendment is located inside the City limits. The existing level of public facilities and services is adequate to serve the needs of existing and future development. This area is already developed for a combination of industrial (north of the site), office, health care and internet services, and the public facilities serving this area have been designed accordingly. The amendment to the Metro Plan diagram does not significantly affect the planning or development of future public facilities or services. Therefore, the amendment is consistent with Statewide Planning Goal 11." Finding 21: Goal 11 — Public Facilities and Services addresses the efficient planning and provision of public services such as sewer, water, law enforcement, and fire protection. In accordance with OAR 660-011-0005(5), public facilities include water, sewer and transportation facilities, but do not include buildings, structures or equipment incidental to the operation of those facilities. The proposed redesignation and rezoning should not result in permitted uses that will have an adverse effect on the demand for public facilities and services provided to the subject property and adjacent properties. This area of Springfield is already planned for a variety of residential, campus industrial, and institutional development and the public facilities serving this area have been designed accordingly. However, planned upgrades and expansions to the utility system capacity may be triggered by new developments or changes to zoning that result in more intensive development than previously anticipated. As an example, there is an existing sanitary sewer pump station located on the north side of Deadmond Ferry Road — directly across the street from the northwest edge of the subject site. As sewer system volumes increase in the area, the operational capacity of the pump station and associated gravity sewers need to be evaluated from time to time in order to ensure that the system will continue to function as-is, or if upgrades will be required to accommodate existing and planned development in the area. Finding 22: The public sanitary sewer system exists, so the analysis would be used to determine whether expansion and/or upgrade of the pump station and gravity sewers are triggered by increased dwelling unit density on the subject site. Prior to or concurrent with submittal of a site development plan, the Applicant is required to prepare and submit a capacity analysis of the gravity system, and the existing sanitary sewer pump station on the north side of the Deadmond Ferry Road and Game Farm Road intersection—generally located across the street from the subject property. The capacity analysis shall provide confirmation acceptable to the City that the increased dwelling unit density resulting from the proposed Metro Plan amendment and Zone Change will not have an adverse impact to the sewer pump station or the gravity system, or that suitable mitigation measures can be implemented to prevent impacts to the public sanitary sewer system. Such a study will be required in support of a site development application for this property. ORDINANCE NO. 6400 EXHIBIT C, Page 12 of 20 Goal 12—Transportation Applicant's Narrative: "Goal 12 is implemented through the Transportation Planning Rule (TPR), as defined in Oregon Administrative Rule OAR 660-012-0000 et. seq. The Eugene-Springfield Metropolitan Area Transportation Plan (TransPlan) provides the regional policy framework through which the TPR is implemented at the local level. The TPR (OAR 660-012-0060) states that when land use changes, including amendments to acknowledged comprehensive plans, significantly affecting an existing or planned transportation facility, the local government shall put in place measures to assure that the allowed land uses are consistent with the identified function, capacity, and performance standards of the facility. The TPR analysis and significance test indicates that the criteria of the applicable Oregon Administrative Rules are satisfied with the proposed zone change and plan amendment. The trip generation associated with the proposed conditions were not found to have an identifiable "significant affect"defined by OAR 660-012-0060(1)since the level of traffic generated by a reasonable worst case development scenario associated with the proposed change in land use permissions would not result in an increase to the trip generation potential of the existing zoning and plan designation worst case scenario's use permissions provided it is developed with a 104-bed (or less) Assisted Living Facility. It is possible that in the future the site could be redeveloped to a permitted more traffic intensive use than the currently proposed development, with trip generation exceeding the 48 PM peak hour trips that could be generated by the site with the existing use permissions, therefore a trip cap should be stipulated to limit the site's trip generation potential to 48 PM Peak Hour trips to eliminate the possibility for a significant affect. The Transportation Planning Rule is satisfied under Goal 12 criteria with the proposed zone change and Metro Plan amendment with application of the proposed trip cap so the change in use permissions would not represent an increase in potential build-out development level trip generation. There is no significant affect to a transportation facility identifiable by the potential for additional traffic resulting from the change in use permissions that would cause a facility to perform below its intended mobility standard or cause a failing facility to be further degraded beyond the potential impacts resulting from development under the existing use permissions allowed by existing Development Code and Metro Plan designations, as was demonstrated by the site's trip generation potential and in the findings discussed in the applicable Transportation Planning Rule OAR sections. In summary, the proposed 104-bed Assisted Living Facility permitted under the proposed zone and designation will not generate more trips than the existing residential uses allowed under the current zone and designation. To ensure this, it is recommended the Planning Commission apply a condition of approval establishing a trip cap of 48 PM Peak Hour trips to the decision." Finding 23: Oregon Administrative Rule(OAR) 660-012-0060 requires that, "if an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation (including a zoning map), would significantly affect an existing or planned transportation facility, then the local government must put in place measures" to mitigate the impact, as defined in OAR 660-012- 0060(2). The applicant's Goal 12 Transportation findings and supplementary Transportation Analysis, including the applicant's supplementary trip generation report prepared by Branch Engineering Inc. (Attachment 5), conclude that the vehicle trip generation for a proposed assisted living facility is below the City's threshold for requiring a Traffic Impact Assessment (TIA) and therefore would not create a significant affect. The incremental change in overall vehicle trip generation associated with the variable-width strip of LDR land (included for redesignation and rezoning to MDR as a housekeeping action) also has been accounted for in the applicant's transportation analysis. However, as the applicant has identified, the proposed HDR and MDR plan designation and zoning permits other kinds of development in addition to assisted living facilities, such as multifamily dwellings up to 42 units per net acre, which would result in significantly greater ORDINANCE NO. 6400 EXHIBIT C, Page 13 of 20 PM peak hour vehicle trips than under the existing LDR plan designation and zoning. The highest number of trips that could be generated in the reasonable worst-case scenario for the existing LDR plan designation and zoning is 48 PM Peak Hour trips. The applicant has proposed a vehicle trip cap of 48 PM Peak Hour trips, which would limit the traffic generated under the proposed plan redesignation and zone change to that which can be generated by the current zoning. As conditioned, redesignating and rezoning the subject site from LDR to MDR and HDR, as described herein, will not significantly affect any transportation facility. Testimony provided at the public hearing meeting on April 1, 2019 identified the segment of Game Farm Road between Deadmond Ferry Road and Beltline Road as experiencing traffic flow and queueing issues during peak hours of the day. The applicant's proposed trip cap will help to ensure that the requested Metro Plan diagram amendment does not contribute to further degradation of this intersection and associated traffic issues. CONDITION: A deed restriction acceptable to the City shall be recorded against the properties subject to the comprehensive plan amendment and zone change request from LDR to HDR, specifically: 377 & 385 Deadmond Ferry Road and 3535 Game Farm Road (Assessor's Map 17-03-15-40, Tax Lots 2300-2500). The deed restriction shall place a cumulative vehicle trip cap of 48 PM Peak Hour trips on the subject properties in accordance with the findings and conclusions of the applicant's TPR analysis. Goal 13 —Energy Conservation Applicant's Narrative: "Statewide Planning Goal 13 calls for land uses to be managed and controlled `so as to maximize the conservation of all forms of energy, based upon sound economic principles. ' Goal 13 is directed at the development of local energy policies and provisions. It does not state requirements with respect to other types of land use decisions. Converting the 2.63 acre property from LDR to HDR should not have an appreciable impact to energy consumption, and in fact may offer opportunities for increased energy efficiency through contemporary multi family housing design. The developer will have an opportunity to incorporate suitable energy conservation measures into the future site development upon redesignation and rezoning of the subject property. The City's conservation measures applicable to storm water management, temporary storage, filtration and discharge would apply to multi family residential uses developed on this site; • therefore, this proposal is consistent with Statewide Planning Goal 13." Finding 25: The proposed comprehensive plan amendment and rezoning does not affect the City's ordinances, policies, plans, or studies adopted to comply with Goal 13 requirements. As stated in the applicant's narrative, converting the property from LDR to a combination of MDR and HDR should not have an appreciable impact to energy consumption and could offer opportunities for increased energy efficiency by implementing green building concepts. The developer will have an opportunity to incorporate suitable energy conservation measures into the future site development when detailed construction plans are prepared for the site. The City's building codes comply with all Oregon State Building Codes Agency standards for energy efficiency in residential building design. The site's solar access is not compromised by surrounding development. The City's conservation measures applicable to storm water management, temporary storage, filtration and discharge would apply to multi-family residential uses developed on this site; therefore, this action has no effect on the city's acknowledged compliance with Goal 13. ORDINANCE NO. 6400 EXHIBIT C, Page 14 of 20 Goal 14 - Urbanization Applicant's Narrative: "The amendment does not affect the transition from rural to urban land use, as the subject property is within the City limits. The City already planned for residential land use on the subject property when completing its residential buildable land inventory. Nevertheless, the proposed redesignation and zone change will not affect compliance with Statewide Planning Goal 14." Finding 26: Goal 14—Urbanization requires cities to estimate future growth rates and patterns, and to incorporate, plan, and zone enough land to meet the projected demands. The City already planned for residential land use on the subject property when completing its residential buildable land inventory. Consistent with provisions of Goal 14, the City is responding to a request from a property owner to redesignate and rezone the subject property from low density residential to a higher density residential use. As noted above, the proposed comprehensive plan amendment and zone change will be noted on the City's residential land inventory; similar reporting of inventory changes due to development will occur as required by Oregon Revised Statute. The proposed redesignation and zone change do not affect the City's adopted ordinances, policies, plans,or studies adopted to satisfy the compliance requirements of Goal 14. Goal 15 —Willamette River Greenway Applicant's Narrative: "The subject property is not within the boundaries of the Willamette River Greenway. Therefore, Statewide Planning Goal 15 does not apply." Finding 27: Goal 15 —Willamette River Greenway establishes procedures for administering the 300 miles of greenway that borders the Willamette River, including portions that are inside the City limits and UGB of Springfield. The subject site is not within the adopted Willamette River Greenway Boundary area so this goal is not applicable; therefore, this action has no effect on the city's acknowledged compliance with Goal 15. Goals 16-19 Estuarine Resources, Coastal Shorelands, Beaches and Dunes, and Ocean Resources Applicant's Narrative: "There are no coastal, ocean, estuarine, or beach and dune resources on or adjacent to the subject property. Therefore, these goals are not relevant, and the proposed amendment will not affect compliance with statewide planning Goals 16 through 19. This proposed Metro Plan Amendment meets the applicable Statewide Planning Goals." Finding 28: Goals 16-19 — Estuarine Resources; Coastal Shorelands; Beaches and Dunes; and Ocean Resources; these goals do not apply to land within the Willamette Valley, including Springfield. Therefore, in the same way that Goals 3 and 4 do not apply in Springfield, Goals 16-19 do not apply in Springfield or to land use regulations adopted in Springfield. Conclusion: As conditioned, the proposed Metro Plan diagram land use designation amendment from Low Density Residential to High Density Residential and Medium Density Residential is consistent with the applicable statewide land use planning goals as required by SDC 5.14-135A: "The amendment shall be consistent with applicable Statewide Planning Goals." ORDINANCE NO. 6400 EXHIBIT C, Page 15 of 20 B. Plan Inconsistency 1. In those cases where the Metro Plan applies,adoption of the amendment shall not make the Metro Plan internally inconsistent. Applicant's Narrative: "The adopted Metro Plan is the principal document that creates a framework for land use policy within the City of Springfield. The subject property is within the adopted Gateway Refinement Plan area. As noted in Goal 2, adoption of the new Springfield 2030 Refinement Plan Residential Land Use and Housing Element, replaced the goals, objectives and policies of the Metro Plan's Residential Land Use and Housing Element. This relationship therefore requires the proposed amendment be consistent with the Springfield Comprehensive Plan and the Gateway Refinement Plan. The proposed Metro Plan amendment does not make the Metro Plan internally inconsistent. It does not affect any Metro Plan policies or text. Moreover, the Gateway Refinement Plan will not be made inconsistent through this amendment. The Gateway Refinement plan will be amended automatically in conjunction with the Metro Plan amendment. There are no conflicts created by either of the proposed amendments to the residential land inventory, needed employment land inventory, nor any other land use elements of the Metro Plan or Gateway Refinement Plan." Finding 29: The adopted Metro Plan is the principal policy document that creates the broad framework for land use planning within the City of Springfield. The City's adopted Zoning Map implements the zoning designations of the Metro Plan diagram and localized Refinement Plans, which are adopted amendments to the Metro Plan. The subject property is within the adopted Gateway Refinement Plan area, and adoption of Springfield Ordinance #6268 included the new Springfield 2030 Refinement Plan Residential Land Use and Housing Element. Contrary to the applicant's narrative statement above, the policies and implementation actions of the Springfield 2030 Refinement Plan Residential Land Use and Housing Element are intended to refine and update (as opposed to replace) the goals, objectives and policies of the Metro Plan's Residential Land Use and Housing Element. Therefore, both plans are applicable to this request and the proposed Metro Plan amendment and Zone Change needs to be consistent with both the Metro Plan and the Springfield Comprehensive Plan. The process and criteria for amending refinement plans is found in SDC 5.6-115 and as preempted in SDC 5.14-120 and 5.14-135. Finding 30: The proposal is consistent with the Residential Land Use and Housing Element of the adopted Metro Plan including policies pertaining to residential land supply and demand. In accordance with Policy A.4, the City is to use annexation, provision of adequate public facilities, rezoning, redevelopment, and infill to meet the 20-year projected housing demand. The proposed re-designation and rezoning of this property would create an opportunity for redevelopment of the site with multi-unit housing to meet market demand and a specific housing demographic. Finding 31: The proposal is consistent with the residential density policies of the Metro Plan Residential Land Use and Housing Element, including Policies A.10, A.11 and A.12 which encourage higher density residential development in areas with existing infrastructure and facilities, close to existing employment and commercial services, proximate to transportation systems and public transit, and in conjunction with services and amenities. The subject site has frontage on two collector streets and it is adjacent to the PeaceHealth Riverbend campus, which is a major regional employment and health services center. The site is also within walking distance of other employers, major transportation corridors, bus rapid transit, shopping, services, and a variety of urban amenities. ORDINANCE NO. 6400 EXHIBIT C, Page 16 of 20 Finding 32: The proposal is consistent with Policy A.13 which looks to increase overall residential density in the metropolitan area by creating opportunities for infill, redevelopment and mixed-use while considering impacts on existing neighborhoods. The subject property represents a potential infill /redevelopment opportunity within an existing neighborhood. Finding 33: The proposal is consistent with the residential housing type and tenure policies of the Metro Plan Residential Land Use and Housing Element, including Policies A.17 and A.18 which provide for a full range of housing types, densities, sizes and locations and encourage a mix of structure types and densities within residential designations. Currently, there is a single family dwelling on each of the three parcels proposed for development. The proposed redesignation would allow for the site to be consolidated and one or more multi-unit buildings to be developed on the property. Finding 34: In accordance with Chapter IV —Metro Plan Review, Amendments, and Refinements, the City's Comprehensive Plan is not designed or intended to remain static and unyielding in its assignment of land use designations. To that end, provisions of Chapter IV, Policy 7.a, allow for property owners to initiate an amendment to the Metro Plan diagram to reflect a change in circumstances or need. The applicant is proposing to amend the Metro Plan designation for the subject property from LDR to a combination of MDR and HDR and to concurrently rezone the property to MDR and HDR. There are no conflicts created by this proposed diagram amendment based on needed residential land inventories or needed employment land inventories. The development of this land with residential uses does not conflict with other land use elements in the Metro Plan including commercial, industrial, park and open space, or government and education. Adoption of the amendment to the Plan diagram will not result in an internal inconsistency. Therefore, Criteria B.1 will have been met. 2. In cases where Springfield Comprehensive Plan applies, the amendment shall be consistent with the Springfield Comprehensive Plan. Applicant's Narrative: "The Residential Land and Housing Policies and Implementation Actions of the Springfield 2030 Refinement Plan Residential Land Use and Housing Element apply to the subject site. There are a number of policies in that document which apply to this proposed Metro Plan amendment. These include: Policy H.3, the City shall `support community-wide, district wide and neighborhood-specific livability and redevelopment objectives and regional land use planning and transportation planning policies by locating higher density residential development and increasing the density of development near employment or commercial services, within transportation-efficient Mixed- Use Nodal Development centers and along corridors served by frequent transit service. ' Policy H.6, the City shall `continue to seek ways to reduce development impediments to more efficient utilization of the residential land supply inside the UGB... ' Policy H.11, the City shall `continue to seek ways to update development standards to introduce a variety of housing options for all income levels in both existing neighborhoods and new residential areas that match the changing demographics and lifestyles of Springfield residents. ' Policy H.12, the City shall `continue to designate land to provide a mix of choices (e.g. Location, accessibility, housing types, and urban and suburban neighborhood character) ORDINANCE NO. 6400 EXHIBIT C, Page 17 of 20 through the refinement plan update process and through review of developer-initiated master plans. ' Policy H.13, the City shall `promote housing development and affordability in coordination with transit plans and in proximity to transit stations. ' [Policy]H.14, the City shall `continue to update existing neighborhood refinement plan policies and to prepare new plans that emphasize the enhancement of residential neighborhood identity, improved walkability and safety, and improved convenient access to neighborhood services, parks, schools, and employment opportunities. ' [Policy] H.15, the City shall `update residential development standards to enhance the quality and affordability of neighborhood infill development (e.g. Partitions, duplex developments, transitional neighborhoods, rehab housing, accessory dwelling units) and multi family development. ' While the Springfield 2030 Refinement Plan Residential Land Use and Housing Element is the prevailing comprehensive plan for the site, the residential land use polices in the Gateway Refinement Plan also pertain to the proposed development. The Gateway Refinement Plan area also designates the area east of Game Farm Road and south of Deadmond Ferry Road as the McKenzie-Gateway MDR Subarea. Within this subarea, the McKenzie-Gateway Medium Density Residential Site Conceptual Development Plan [CDP] was established in July 1994. The plan has four requirements; they include: 1. In order to accommodate a mix of dwelling unit types and densities, development of portions of the site at less than 10 dwelling units per developable acre may be allowed subject to the following standards. a. The area to be developed at less than 10 dwelling units per developable acre shall be part of a larger development area. b. The overall density of the development area shall be a minimum of 10 dwelling units per developable acre. c. A DAP[Development Area Plan]shall be required, consistent with GRP Residential Element Policies 14.0-14.8. d. Consistent with GRP Residential Element Policy 14.3, subsequent permitted uses that conform to the DAP shall not require additional Site Plan Review. The development site however includes single family housing and is currently zoned low density residential. The Metro Plan and the SDC allow single-family residential development in the MDR site provided it meets the minimum density requirements of 10 du/a. The CDP notes that, `...single- family residential development on individual lots cannot meet this standard, since the minimum residential lot size is 4500 square feet, or more than 1/10 acre (pg.6). ' The subject property is also on the outer edge of the CDP area so there are no specific details as to how it should be developed. In addition, there is no need to do a DAP for this project area because the adjoining properties have already been developed and the infrastructure for the development is well-established These policies are thus made obsolete. The CDP originally designated the single-family residential area as a buffer to the Special Light Industrial (SLI) area now zoned Campus Industrial north of Deadmond Ferry Road By rezoning the parcels to high density residential, it would provide a better buffer from the Campus Industrial zoning north of Deadmond Ferry Road to the medium density residential and low density residential south and west of the property. The City of ORDINANCE NO. 6400 EXHIBIT C, Page 18 of 20 Springfield also previously adopted the Residential Land Use and Housing Element of the Springfield 2030 Refinement Plan. As specified in this written [narrative], the Springfield 2030 Residential Land and Housing Element designates 'the areas of the city best suited to high density residential uses are Downtown, Glenwood Riverfront/Franklin Corridor, and Gateway. Plans for these areas shall be updated to support development of additional high density residential uses adjacent to commercial and employment areas (pg.5). ' The assisted living facility is adjacent to and within 2 miles of significant employment and commercial providers including PeaceHealth Sacred Heart Medical Center at Riverbend, PeaceHealth Labs, Pacific Source, Symantec, the Gateway Mall and numerous other commercial and office uses. Based on the information and findings contained in this written statement and associated attachments, the proposed Metro Plan Amendment meets the criteria of approval contained in the Springfield Development Code. Therefore, the applicant requests that the City of Springfield approve the application." Finding 35: As stated in the applicant's project narrative above, the Residential Land and Housing Policies and Implementation Actions of the Springfield 2030 Refinement Plan Residential Land Use and Housing Element apply to the subject site. The proposed Metro Plan diagram amendment is consistent with Policy H.3 for the following reasons: there is existing, developed Medium Density Residential designated land on the southern boundary of the property; the property abuts a non- residential site (PeaceHealth Birth Center) to the east; the property is proximate to the Lane Transit District EmX Gateway-Riverbend line with transit stations on Riverbend Drive and International Way to the southeast and east; and the site is located within '/4 to 'Y2-mile walking distance of major local employers, shopping, and services. Finding 36: In accordance with Springfield 2030 Residential Land Use and Housing Element Policy H.6, the proposed Metro Plan diagram amendment allows for the three existing single-family residential parcels to be planned and developed much more intensively as a higher density multi-unit site. Redesignation and rezoning of the property to a higher residential density is a necessary step to allow for a congregate care facility to be approved and constructed on the site. Finding 37: In accordance with Springfield 2030 Residential Land Use and Housing Element Policy H.10, "through the updating and development of each neighborhood refinement plan, district plan or specific area plan, amend land use plans to increase development opportunities for quality affordable housing in locations served by existing and planned frequent transit service that provides access to employment center, shopping, health care, civic,recreational and cultural services." Finding 38: In accordance with Springfield 2030 Residential Land Use and Housing Element Policy H.11, the proposed Metro Plan amendment and Zone Change would allow for a congregate care facility to be constructed on the site — a form of needed housing for a specific demographic in the community. Finding 39: In accordance with Springfield 2030 Residential Land Use and Housing Element Policy H.12, the proposed Metro Plan amendment and Zone Change would allow for a different type of housing form than otherwise would be allowable in the current LDR configuration. Finding 40: In accordance with Springfield 2030 Residential Land Use and Housing Element Policy H.13, the proposed Metro Plan diagram amendment is consistent with these policies because the property is within one-half mile of the Lane Transit District EmX Gateway-Riverbend line, which is ORDINANCE NO. 6400 EXHIBIT C, Page 19 of 20 identified in the Springfield 2035 Transportation System Plan as an existing/planned Frequent Transit Network (see Figure 9 of the Springfield TSP). The property is proximate to transit stations on Riverbend Drive to the southeast and International Way to the northeast. Finding 41: In accordance with Springfield 2030 Residential Land Use and Housing Element Policy H.14, the proposed Metro Plan diagram amendment updates the Gateway Refinement Plan map consistently with these policies. As described above, the subject property is proximate to a Frequent Transit Network and to large employment centers. The property is sufficiently large to meet the solar setback requirements of SDC 3.2-225 for the protection of the LDR property (currently developed with a non-residential use) to the east. Existing collector streets on the northern and western boundaries of the site will have no appreciable impact from solar shading. Therefore, the subject property is strategically located for a higher density residential development. Finding 42: In accordance with Springfield 2030 Residential Land Use and Housing Element Policy H.15, the proposed Metro Plan amendment and Zone Change would allow for multi-unit development in accordance with the current design standards contained in Section 3.2-240 of the City's Development Code. Section 3.2-245 of the SDC also allows for alternative standards to be incorporated into multi-unit developments, thereby promoting innovative design, improved appearance,affordability, and flexibility to address site-specific opportunities or constraints. Finding 43: While the Metro Plan and the Springfield 2030 Refinement Plan Residential Land Use and Housing Element are the prevailing Comprehensive Plans for the site, the residential land use policies of the Gateway Refinement Plan also pertain to the proposed development. Finding 44: As amended by Ordinance 6109 adopted January 10, 2005, the Gateway Refinement Plan Residential Element Policy and Implementation Action 2.0 requires the City to, "Ensure availability of adequate supplies of land appropriate for low-, medium-, and high-density residential development, while allowing for an appropriate mix of commercial, employment and residential uses." The proposed Metro Plan diagram amendment complies with this policy because it shifts property from the relatively large surplus of LDR-designated property to MDR and HDR, which has a small surplus (MDR) and a small deficit (HDR) that has been rendered a "zero balance" with planned future residential development in Glenwood. As further explained above and in the applicant's narrative, the subject property is appropriate for Medium and High Density Residential designation and zoning given its proximity to other higher-density designated property, to the Frequent Transit Network, and to large employment centers. Finding 45: Gateway Refinement Plan Residential Element Policy and Implementation Action 1.0 states, "The City shall... actively participate in efforts to maintain and enhance residential neighborhoods and attract compatible multi-family developments that would enhance the Gateway Refinement Plan area." The proposed Metro Plan diagram amendment complies with this policy by enabling multi-unit development on the subject property that is compatible and complementary to the existing memory care facility to the south and, overall, with the surrounding neighborhood. As further explained herein and in the applicant's narrative, the subject property is appropriate for MDR and HDR designation and zoning given its proximity to other higher-density residential designated property, to the Frequent Transit Network, and to large employment centers. The configuration of the subject property and its orientation to Deadmond Ferry Road and Game Farm Road is also more compatible with multi-family development than a single-family neighborhood. ORDINANCE NO. 6400 EXHIBIT C, Page 20 of 20 Finding 46: The subject property is identified in the Gateway Refinement Plan as part of Residential Subarea 4, the "McKenzie-Gateway MDR Subarea." Under Ordinance 6109, Gateway Refinement Plan Policy and Implementation Action 13.3 requires, "All development within the McKenzie- Gateway MDR Site shall be consistent with an approved Master Plan." Policy and Implementation Action 13.0 determines the scope of the Master Plan requirement for development in the McKenzie- Gateway MDR Site, "A Master Plan shall be approved under a Type IV review process, for areas larger than 5 acres within the city limits at the `McKenzie-Gateway MDR Site' on the Refinement Plan Diagram, subsequent to annexation and prior to urban development of any portion of the Master Plan area." The Master Plan requirement adopted in Ordinance 6109 was intended to facilitate the development of the PeaceHealth RiverBend Hospital and surrounding medical services and mixed- use development. The subject property is not within the boundaries of the Riverbend Master Plan adopted on June 19, 2006. Because the subject property is less than 5 acres in size and not within the area previously subject to the Riverbend Master Plan, the Master Plan requirement stated in Policy 13.3 is not applicable to the subject property. Finding 47: Based on the foregoing, the proposal to redesignate and rezone the subject property from LDR to MDR and HDR is consistent and compatible with the adopted policies of the Metro Plan,the Springfield 2030 Refinement Plan Residential Land and Housing Element and the Gateway Refinement Plan subject to the condition of approval contained herein and summarized below. Finding 48: The redesignation and rezoning of the variable-width strip of land within Tax Lot 600 is also consistent and compatible with the adopted policies of the Metro Plan, the Springfield 2030 Refinement Plan Residential Land and Housing Element, and the Gateway Refinement Plan. Redesignation and rezoning of this variable-width portion of Tax Lot 600 from LDR to MDR creates uniform zoning for the existing development site and provides for a seamless transition between the existing MDR zoned property and the proposed HDR zoned property. CONDITION OF APPROVAL A deed restriction acceptable to the City shall be recorded against the properties subject to the comprehensive plan amendment and zone change request from LDR to HDR, specifically: ,377 & 385 Deadmond Ferry Road and 3535 Game Farm Road (Assessor's Map 17-03-15-40, Tax Lots 2300-2500). The deed restriction shall place a cumulative vehicle trip cap of 48 PM Peak Hour trips on the subject properties in accordance with the findings and conclusions of the applicant's TPR analysis. Conclusion Based on the applicant's narrative, the findings herein, testimony submitted into the record (including supplementary findings and the applicant's TPR analysis), the criteria of SDC 5.14-135 for approving amendments to the Metro Plan, the proposed Metro Plan diagram amendment, concurrent Gateway Refinement Plan amendment, and zone change from LDR to MDR and HDR, as conditioned, are consistent with these criteria. ORDINANCE NO. 6400 EXHIBIT D, Page 1 of 9 Staff Report and Findings Springfield City Council Zone Change Request Hearing Date: April 1,2019 Case Number: 811-18-000235-TYP3 Applicant: Rick Satre, Schirmer Satre Group on behalf of Falk Investments Springfield LLC Property Owner: Falk Investments Springfield LLC Site: 377& 385 Deadmond Ferry Road and 3491 & 3535 Game Farm Road (Map 17-03-15-40, Tax Lots 2300-2500; and Map 17-03-22-00, Portion of Tax Lot 600) Request Rezone three contiguous parcels and a portion of an adjoining parcel from Low Density Residential (LDR)to a combination of Medium Density Residential (MDR) and High Density Residential (HDR). Site InformationBackground The application was initiated and accepted as complete on December 7, 2018, and the Planning Commission public hearing on the matter of the Zone Change request was opened on February 5, 2019 and continued to February 20, 2019, and concluded on March 19, 2019. The Zone Change request is being processed concurrently with a Metro Plan Diagram amendment submitted under separate cover, Case 811-18-000234-TYP4. The City Council reviewed both applications and the Planning Commission's recommendations at a public hearing meeting held on April 1, 2019. The property that is subject of the Zone Change request is comprised of three adjoining parcels (each containing an existing single family dwelling) along with an abutting variable-width strip of land on the southern boundary of these parcels. In aggregate, the total site area is about 3.41 acres. The site has corner frontage on Deadmond Ferry Road along the northern boundary and Game Farm Road frontage along the western boundary. The property is zoned and designated LDR in accordance with the Metro Plan and Gateway Refinement Plan diagrams and the Springfield Zoning Map. The site adjoins an existing memory care facility along the southern boundary and the PeaceHealth birth center along the eastern boundary. Along Deadmond Ferry Road to the east and west of the subject property the properties are zoned and designated LDR. The applicant is proposing the zone change from LDR to a combination of MDR and HDR to address the existing conditions on Tax Lot 600 (3491 Game Farm Road) and to facilitate future redevelopment of an assisted-living facility on the remainder of the property. Notification and Written Comments Notification of the initial February 5, 2019 Planning Commission public hearing was sent to all property owners and residents within 300 feet of the site on January 14,2019. The Planning Commission took action on February 5, 2019 to continue the public hearing to February 20, 2019, and again took action on February 20, 2019 to continue the public hearing to March 19, 2019. In accordance with SDC 5.2-135P, no further notices were mailed or published for the continued hearing on February 20 and March 19, because the time and place of the continued hearing was announced by the Planning Commission during the hearings on February 5 and February 20, respectively. Notification of the initial Planning Commission public hearing was published in the January 28,2019 edition of the Register-Guard. ORDINANCE NO. 6400 EXHIBIT D, Page 2 of 9 Notification of the April 1, 2019 City Council public hearing was mailed to adjacent property owners and residents on March 8, 2019 and published in the legal notices section of the Register-Guard on March 25, 2019. Staff also posted notices of the April 1, 2019 public hearing along the Game Farm Road and Deadmond Ferry Road frontages of the subject property, in the lobby of City Hall, on the Development & Public Works office digital display,and on the City's webpage. As a result of the public notifications for both the Planning Commission and City Council public hearings, staff received a telephone call requesting additional information about the proposal and one written comment from Sally Brown,335 Deadmond Ferry Road, Springfield: "I would like to express my concerns regarding Falk Investment developing properties on Deadmond Ferry and Game Farm Rd The property at 385 Deadmond Ferry has been vacant since the first part of November 2018. The house is not secured, there is an abandoned fifth wheel and the property has garbage everywhere. The Falks willingness to leave this property in this condition brings into question the type of neighbor they will be. Their total lack of respect for other neighbors and the impact the condition of this property has to other property owners in the area is appalling. On more than[sic]one occasion I have gone to the Memory Care Center and ask to have the owners call so I could express my concerns and have not had any response. That again brings up the total lack of concern for the neighborhood With this lack of concern to the condition of properties that they own what will be their response in the future to any other concerns." Staff Response: The submitted comment does not address the criteria for approval. However, staff forwarded the written comment to the applicant for their information and follow-up. , The developer has acquired a demolition permit and advised that they will be moving forward with demolition of the house and overall cleanup of the site at the earliest opportunity. At the public hearing meeting on April 1, 2019, one person testified in opposition to the proposal and identified existing traffic concerns along Game Farm Road as being the primary concern. The City's Traffic Engineer will be evaluating the traffic signal timing at Game Farm Road and Beltline Road, existing signage, and other factors affecting this stretch of road outside of this land use decision. The applicant's proposed trip cap will help to ensure that the requested Zoning Map amendment does not contribute to further degradation of this intersection and associated traffic issues. Criteria of Approval Section 5.22-100 of the Springfield Development Code (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. ORDINANCE NO. 6400 EXHIBIT D. Page 3 of 9 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. 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 Narrative: "The Zoning Map amendment is consistent with the Metro Plan policies and diagram. It does not amend any Metro Plan policies or text. The Zoning Map amendment is submitted concurrently with a Metro Plan amendment. The following Metro Plan policies support the proposed zone change: Metro Plan Policy 1 — The UGB and sequential development shall continue to be implemented as an essential means to achieve compact urban growth. The provision of all urban services shall be concentrated inside the UGB. The Metro Plan policies define compact growth as 'the filling in of vacant and underutilized lands in the UGB. ' The proposed rezoning will fill underutilized low- density residential land with more compact high-density residential land. The parcels affected by this application are currently within the Springfield portion of the Urban Growth Boundary (UGB) and are within the city limits of Springfield. The development will follow the acknowledged comprehensive plan ordinances and future development will have access to urban facilities and services. As such, the subject site provides for compact urban growth and essential services. Metro Plan Policy A.1 — Encourage the consolidation of residentially zoned parcels to facilitate more options for development and redevelopment of such parcels. The proposed rezoning will permit more options for development. Through rezoning the three parcels as high density residential, the subject site is able to balance the need to accommodate greater density with the need to appropriately transition from low density residential uses. A change to the Zoning Map designation from Low Density Residential to High Density Residential is in keeping with the direction in which the neighborhood is moving. Metro Plan Policy A.3—Provide an adequate supply of buildable residential land within the UGB for the 20-year planning period at the time of Periodic Review. As mentioned in the concurrent Metro Plan Amendment application, the Springfield 2030 Residential Land and Housing Element designates 'the areas of the city best suited to high density residential uses are Downtown, Glenwood Riverfront/Franklin Corridor, and Gateway. Plans for these areas shall be updated to support development of additional high density residential uses adjacent to commercial and employment areas (pg.5). ' The proposed assisted living facility is nearby and within 2 miles of significant employment and commercial providers including PeaceHealth Sacred Heart Medical Center at Riverbend, PeaceHealth Labs, Pacific Source, Symantec, the Gateway Mall and numerous other commercial and office uses. Metro Plan Policy A.9— Establish density ranges in local zoning and development regulations that are consistent with the broad density categories of this plan. The proposed rezoning will result in development that meets the broad density requirements of the Metro Plan. A concurrent Metro Plan diagram amendment will be submitted with this application. Upon adoption of the amending ORDINANCE NO. 6400 EXHIBIT D, Page 4 of 9 Ordinance, the Metro Plan diagram would be amended, and the requested zone change from LDR to HDR would be consistent with the provisions of the adopted Comprehensive Plan. Metro Plan Policy A.10 — Promote higher residential density inside the UGB that utilizes existing infrastructure, improves the efficiency of public services and facilities, and conserves rural resource lands outside the UGB. As previously mentioned, the rezoning will result in higher density development than the current low-density residential zoning. In this manner, a higher number of residents will use existing infrastructure. This creates a more efficient use of public services and facilities, as a greater number of people are living in proximity to existing facilities. Moreover, rural resource lands are conserved, as more units are provided within the UGB. Metro Plan Policy A.11 — Generally locate higher density residential development near employment or commercial services, in proximity to major transportation systems or within transportation- efficient nodes. The proposed rezoning will locate high density residential development near Game Farm Road, Deadmond Ferry, and Beltline Rd, all of which are key corridors in the City of Springfield. The subject site is also located near parks, schools, and services and amenities as well as the bus rapid transit EmX line (International Way). It is an ideal location to provide access and opportunities to commercial services, employment, and major transportation systems. Metro Plan Policy A.12 — Coordinate higher density residential development with the provision of { adequate infrastructure and services, open space, and other urban amenities. As mentioned in the response to Metro Plan Policy A.10, the proposed rezoning will ensure adequate infrastructure and services are provided to the subject site. Open space will be provided through the requirements found throughout the Springfield Development Code. Metro Plan Policy A.13 — Increase overall residential density in the metropolitan area by creating more opportunities for effectively designed in-fill, redevelopment, and mixed use while considering impacts of increased residential density on historic, existing and future neighborhoods. The proposed zoning will provide an effective and compatible transition between densities. The site is proximate to properties that are zoned and designated for medium density residential development and mixed use to the south, southeast, and east of the subject property; these include the abutting memory care facility, a medical facility, and an under-construction guest house for patients of the medical center. While there are some long-established residential uses across Game Farm Road to the west, the subject property is in an area which, as it develops/redevelops, is moving away from low density residential uses. As such, the proposed Zone Change is compatible with existing uses in the vicinity and allows for effective infill development that maximizes land utility. Metro Plan Policy A.23—Reduce impacts of higher density residential and mixed-use development on surrounding uses by considering site, landscape, and architectural design standards or guidelines in local zoning and development regulations. The proposed rezoning is compatible with surrounding uses and therefore, shall have minimal impact on adjacent commercial and residential uses. As the proposal calls for high density residential to best transition to and from adjacent uses, the suggested zoning is compatible with this policy. Therefore, the Metro Plan diagram will not be inconsistent with the zoning map amendment, should both amendments be approved" Finding 1: Metro Plan Chapter IV, Policy 7.a states: "A property owner may initiate a [Type I Metro Plan diagram] amendment for property they own at any time. Owner initiated amendments are subject to the limitations for such amendments set out in the development code of the home city." ORDINANCE NO. 6400 EXHIBIT D, Page 5 of 9 Finding 2: The property owner initiated a concurrent Metro Plan Diagram amendment in accordance with provisions of SDC 5.14-100 (Case 811-18-000234-TYP4). Upon adoption of the amending Ordinance, the Metro Plan Diagram would be amended and the requested zone change from LDR to MDR and HDR would be consistent with the provisions of the adopted Comprehensive Plan. Prior or concurrent amendment of the Metro Plan Diagram will be required for the subject zone change request to be approved. Finding 3: 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. The requested change from LDR to MDR and HDR would address existing conditions on Tax Lot 600 and facilitate the future review and approval of an assisted living facility on the balance of the site (Tax Lots 2300-2500). Finding 4: The subject site is adjacent to property that is zoned and designated LDR along its southern boundary. The existing variable-width strip of LDR zoned property that lies between the southern boundary of the subject site and the adjacent MDR zoned property has been incorporated into the applicant's revised Zoning Map amendment diagrams (Attachment 4). The strip of LDR is proposed for redesignation as MDR through the accompanying Metro Plan amendment (Case 811- 18-000234-TYP4). Consistent with this redesignation action, the variable-width strip of LDR will be rezoned to MDR through the subject Zoning Map amendment action. Finding 5: The site is proximate to property that is zoned and designated for Campus Industrial uses across the street on the north side of Deadmond Ferry Road. As such, the proposed Zone Change is consistent with nearby zoning and the zone change is compatible with existing uses in the vicinity. The proposed zoning is consistent with Policy A.11 for the following reasons: there is existing, developed Medium Density Residential designated land on the southern boundary of the property; the property abuts a non-residential site (PeaceHealth Birth Center) to the east; the property is proximate to the Lane Transit District EmX Gateway-Riverbend line with transit stations on Riverbend Drive and International Way to the southeast and east; and the site is strategically located within '/<to '/2-mile walking distance of major local employers, shopping, and services. 2. Consistency with applicable Refinement Plans, Plan District maps, Conceptual Development Plans and functional plans; Applicant's Narrative: "As an amendment to the Metro Plan automatically amends the applicable refinement plan, in this case, the Gateway Refinement Plan's residential land use policies, the proposed Zoning Map amendment is consistent with the applicable refinement plan. The Gateway Refinement Plan also designates the area east of Game Farm Road and south of Deadmond Ferry Road as the McKenzie-Gateway MDR Subarea. Within this subarea, the McKenzie-Gateway Medium Density Residential Site Conceptual Development Plan was established in July 1994. The plan has one policy requirement listed below. 1. In order to accommodate a mix of dwelling unit types and densities, development of portions of the site at less than 10 dwelling units per developable acre may be allowed subject to the following standards. a. The area to be developed at less than 10 dwelling units per developable acre shall be part of a larger development area. b. The overall density of the development area shall be a minimum of 10 dwelling units per developable acre. ORDINANCE NO. 6400 EXHIBIT D, Page 6 of 9 c. A DAP [Development Area Plan] shall be required, consistent with GRP Residential Element Policies 14.0-14.8. d. Consistent with GRP Residential Element Policy 14.3, subsequent permitted uses that conform to the DAP shall not require additional Site Plan Review. The development site however includes single family housing and is currently zoned low density residential. The Metro Plan and the SDC allow single-family residential development in the MDR site provided it meets the minimum density requirements of 10 du/a. The CDP notes that, '...single- family residential development on individual lots cannot meet this standard, since the minimum residential lot size is 4500 square feet, or more than 1/10 acre (pg.6). ' The subject property is also on the outer edge of the CDP area so there are no specific details as to how it should be developed In addition, there is no need to do a DAP for this project area because the adjoining properties have already been developed and the infrastructure for the development is well-established These policies are thus made obsolete. The CDP originally designated the single-family residential area as a buffer to the Special Light Industrial area (SLI) now zoned Campus Industrial north of Deadmond Ferry Road By rezoning the parcels to high density residential, it would provide a better buffer from the Campus Industrial zoning north of Deadmond Ferry Road to the medium density residential and low density residential south and west of the property. The City of Springfield also previously adopted the Residential Land Use and Housing Element of the Springfield 2030 Refinement Plan. As specified in the written statement submitted along with the concurrent Metro Plan Amendment application, the Springfield 2030 Residential Land and Housing Element designates 'the areas of the city best suited to high density residential uses are Downtown, Glenwood Riverfront/Franklin Corridor, and Gateway. Plans for these areas shall be updated to support development of additional high density residential uses adjacent to commercial and employment areas (pg.5). ' The proposed assisted living facility is nearby and within 2 miles of significant employment and commercial providers including PeaceHealth Sacred Heart Medical Center at Riverbend, PeaceHealth Labs, Pacific Source, Symantec, the Gateway Mall and numerous other commercial and office uses." Finding 6: The property lies within the adopted Gateway Refinement Plan area of Springfield. Therefore, the Residential land use policies of the Gateway Refinement Plan apply to the subject site. In accordance with Residential Policy and Implementation Action 1.0, "the City shall, through site plan review, home and neighborhood improvement programs, and/or other related programs, actively participate in efforts to maintain and enhance existing residential neighborhoods and attract compatible multi-family developments that would enhance the Gateway Refinement Plan area." Finding 7: The subject property is sufficiently large to represent a viable multi-unit development site. Upon rezoning of the subject property, should this occur, the developer would be required to undertake a Site Plan Review for any type of development on the site. Under the current zoning, the developer would only require a Building Permit for reconstructing or remodeling any or all of the existing single-family homes. A subdivision of the property would be required in order to achieve the minimum required density of six units per acre under the current LDR zoning. Therefore, developing the property as a single, consolidated site would be more efficient and allow for highest and best use of this site. Finding 8: Rezoning of the subject property from LDR to MDR and HDR is consistent with the requested Metro Plan diagram and Gateway Refinement Plan diagram amendments initiated by the applicant in accordance with Case 811-18-000234-TYP4 and as recently revised to include the variable-width strip of Tax Lot 600 that is currently zoned and designated LDR. This rezoning ORDINANCE NO. 6400 EXHIBIT D, Page 7 of 9 action would bring the adjoining property into compliance with the Metro Plan and Gateway Refinement Plan diagrams as amended by Case 811-1 8-000234-TYP4. 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 Narrative: "Finally, the subject site has adequate public facilities, services, and transportation networks to support the proposed use. The subject site abuts Game Farm Road and fronts Deadmond Ferry Road, both of which are fully developed urban collector streets with one vehicle travel lane and bicycle lanes in each direction. The paved streets have lane striping, street lighting, street trees, sidewalks and piped stormwater management facilities. A full suite of public facilities and services are available on the perimeter of the subject property. In addition, one of the Lyle Hatfield Linear Paths is in the vicinity of the project and the metro area's public transit system, Lane Transit District (LTD), provides services near the development via the EMX Springfield route and stations (International Center Station is half a mile north of the project and Pavilion Station is half a mile to the east)." Finding 9: The property requested for Zone Change has frontage on Deadmond Ferry Road along the northern boundary, which is classified as a major collector street. Along the property frontage, Deadmond Ferry Road is a fully developed urban collector street with one vehicle travel lane and bicycle lane in each direction and a bi-directional center turn lane. The paved street has lane striping, street lighting, street trees, sidewalks and piped stormwater management facilities. A full suite of public utilities and services are available on the perimeter of the subject property. Future development of the site with High Density Residential uses would be subject to the land use approval process outlined in Section 5.17-100 of the City's Development Code. Finding 10: Staff advises that the applicant will be required to provide a capacity analysis of the existing sanitary sewer pump station and gravity system in conjunction with future site development plans for the property. The public sanitary sewer system exists, so the analysis would be used to determine whether expansion and/or upgrade of the pump station is triggered by the increased dwelling unit density on the site. Staff is recommending that the sanitary sewer system capacity analysis is prepared and submitted by the applicant prior to or concurrent with a site development plan for the subject 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. Applicant's Narrative: "Regarding the criteria contained in 5.22-115.C.4.a and SDC 5.22- 115.C.4.b, compliance with the approval criteria specified in Section 5.14-100 is established in the concurrent Metro Plan Amendment. Compliance with OAR 660-012-0060 is also established in the supplemental written statement for the concurrent Metro Plan amendment. The TPR analysis and significance test indicates that the criteria of the applicable Oregon Administrative Rules are satisfied with the proposed zone change and plan amendment. The trip generation associated with the proposed conditions were not found to have an identifiable "significant affect" defined by OAR 660-012-0060(1) since the level of traffic generated by a reasonable worst case development scenario associated with the proposed ORDINANCE NO. 6400 EXHIBIT D, Page 8 of 9 change in land use permissions would not result in an increase to the trip generation potential of the existing zoning and plan designation worst case scenario's use permissions provided it is developed with a 104-bed(or less)Assisted Living Facility. It is possible that in the future the site could be redeveloped to a permitted more traffic intensive use than the currently proposed development, with trip generation exceeding the 48 PM peak hour trips that could be generated by the site with the existing use permissions, therefore a trip cap should be stipulated to limit the site's trip generation potential to 48 PM Peak Hour trips to eliminate the possibility for a significant affect. The Transportation Planning Rule is satisfied under Goal 12 criteria with the proposed zone change and Metro Plan amendment with application of the proposed trip cap so the change in use permissions would not represent an increase in potential build-out development level trip generation. There is no significant affect to a transportation facility identifiable by the potential for additional traffic resulting from the change in use permissions that would cause a facility to perform below its intended mobility standard or cause a failing facility to be further degraded beyond the potential impacts resulting from development under the existing use permissions allowed by existing Development Code and Metro Plan designations, as was demonstrated by the site's trip generation potential and in the findings discussed in the applicable Transportation Planning Rule OAR sections. In summary, the proposed 104-bed Assisted Living Facility permitted under the proposed zone and designation will not generate more trips than the existing residential uses allowed under the current zone and designation. To ensure this, it is recommended the Planning Commission apply a condition of approval establishing a trip cap of 48 PM Peak Hour trips to the decision." Finding 11: The applicant has submitted a concurrent Metro Plan Diagram amendment application (Case 811-18-000234-TYP4) under separate cover. The applicant's submittal materials, narrative, .supplemental TPR analysis and written statement, and Staff Report findings demonstrate compliance with the Metro Plan amendment provisions of Chapter IV of the Metro Plan and SDC 5.14-135. Finding 12: 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. The applicant has initiated an amendment to the Metro Plan Diagram to change the designation from LDR to MDR and HDR under separate cover (Case 811-18-000234-TYP4). Oregon Administrative Rule (OAR) 660-012-0060 requires that, "if an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation (including a zoning map), would significantly affect an existing or planned transportation facility, then the local government must put in place measures" to mitigate the impact, as defined in OAR 660-012-0060(2). The applicant's Goal 12 Transportation findings and supplementary Transportation Analysis conclude that the trip generation for a proposed assisted living facility is below the City's threshold for requiring a Traffic Impact Assessment (TIA) and therefore would not create a significant affect. The applicant's supplementary trip generation report prepared by Branch Engineering Inc. (Attachment 5) shows that the requested Metro Plan amendment and Zone Change would not result in an increase in trips significantly affecting the existing or planned local transportation facilities under the proposed vehicle trip cap of 48 PM peak hour trips. The incremental change in overall trip generation associated with the variable-width strip of LDR land (included for redesignation and rezoning to MDR as a housekeeping action) also has been accounted for in the transportation analysis. The applicant has proposed a vehicle trip cap of 48 PM Peak Hour trips, which would limit the traffic generated under the proposed plan redesignation and zone change to that which can be generated by the current zoning. As conditioned, redesignating and rezoning the subject site from LDR to MDR and HDR, as described herein,will not significantly affect any transportation facility. ORDINANCE NO. 6400 EXHIBIT D, Page 9 of 9 Finding 13: Testimony provided at the public hearing meeting on April 1, 2019 identified the segment of Game Farm Road between Deadmond Ferry Road and Beltline Road as experiencing traffic flow and queuing issues during peak hours of the day. In particular, vehicle queuing for the traffic signals at Game Farm Road and Beltline Road occasionally extends past the available turning lane space and may prevent vehicles from entering and exiting the private driveways for the Patrician Manufactured Home Park and Rawlin Memory Care facility. The applicant's proposed trip cap will help to ensure that the requested Zoning Map amendment does not contribute to further degradation of this intersection and associated traffic issues. Condition: A deed restriction acceptable to the City shall be recorded against the properties subject to the comprehensive plan amendment and zone change request from LDR to HDR, specifically: 377 & 385 Deadmond Ferry Road and 3535 Game Farm Road (Assessor's Map 17-03-15-40, Tax Lots 2300-2500). The deed restriction shall place a cumulative vehicle trip cap of 48 PM Peak Hour trips on the subject properties in accordance with the findings and conclusions of the applicant's TPR analysis. Conclusion: Based on the above-listed criteria, as conditioned, the criteria for rezoning have been met. To address the Goal 12 issues identified during the public hearing proceedings,the applicant has provided supplementary information demonstrating that the proposal is consistent with the Transportation Planning Rule, OAR 660-012-0060 subject to the implementation of a vehicle trip cap. Therefore, the proposal is consistent with Goal 12 subject to the condition outlined below. 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. CONDITION: A deed restriction acceptable to the City shall be recorded against the properties subject to the comprehensive plan amendment and zone change request from LDR to HDR, specifically: 377 & 385 Dead mond Ferry Road and 3535 Game Farm Road (Assessor's Map 17-03-15-40, Tax Lots 2300-2500). The deed restriction shall place a cumulative vehicle trip cap of 48 PM Peak Hour trips on the subject properties in accordance with the findings and conclusions of the applicant's TPR analysis. The Zone Change request was initiated in accordance with provisions of the City's Development Code. Approval for the Zone Change is based upon the totality of the evidence currently in the record and subject to the condition contained herein. Because the applicant has initiated concurrent Metro Plan and Gateway Refinement Plan diagram amendments (Case 811-18- 000234-TYP4),the comprehensive plan amendment will need to be completed prior to or concurrent with approval of the Zone Change. Provisions for concurrent amendment of the Metro Plan diagram, Gateway Refinement Plan diagram, and Zoning Map have been incorporated into the amending Ordinance(Attachment 1). ORDINANCE NO. 6400