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HomeMy WebLinkAbout2022 02 15 811-22-000326 OrderEXHIBIT A PROPERTY REZONED FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL LEGAL DESCRIPTION Beginning at a point on the North line of the S. D. Gager Donation Land Claim No. 45, Township 17 South, Range 2 West of the Willamette Meridian, 2075.965 feet East of the Northwest corner thereof, thence East along the North line of said Claim, 188.23 feet; thence South 463.21 feet to the Northerly right of way line of the McKenzie Highway; thence North 89° 44' West along said right of way line 188.23 feet; thence leaving said right of way line and run North 462.246 feet to the place of beginning, being a part of said S. D. Gager Land Claim No. 45, in said Township and Range, in Lane County, Oregon. Thurston High School Main Street SITE EXHIBIT B Staff Report and Findings Springfield Planning Commission Zone Change Request Hearing Date: February 15, 2022 Case Number: 811-21-000326-TYP3 Applicant: Dustin McCluskey Applicant’s Representative: Carol Schirmer, Schirmer Consulting LLC Property Owner: Dustin McCluskey Site: 6082 Main Street (Assessor’s Map 17-02-34-31, Tax Lot 3600) Request Zoning Map amendment to rezone approximately 2.0 acres of property from Low Density Residential (LDR) to Medium Density Residential (MDR). Site Information/Background The application was initiated and considered complete on December 23, 2021. The initial Planning Commission public hearing on the matter of the Zoning Map amendment request is scheduled for February 15, 2022. The property that is subject of the Zoning Map amendment request is comprised of a rectangular, 2.0-acre parcel located on the north side of Main Street between 60th Place and 62nd Place. The northern boundary of the property abuts the Thurston High School sports fields. The subject property contains a detached single-unit dwelling with garage and driveway onto Main Street, and is otherwise vacant. The subject site has frontage on Main Street along the southern boundary and a stub of A Street at the northwest corner. The properties to the east and west of the site are developed with single-unit and attached dwellings and are zoned LDR and MDR. The Thurston High School site to the north is developed with public school facilities and is zoned Public Land and Open Space (PLO). Across from the subject site on the south side of Main Street, properties to the west, south and east are zoned a combination of LDR and MDR. The applicant is proposing the Zoning Map amendment (hereinafter “rezoning” or “zone change”) from LDR to MDR to correct an existing plan/zone conflict and to bring the property into conformity with its MDR land use designation as established by the adopted Metro Plan diagram. Rezoning the property from LDR to MDR also would facilitate future redevelopment of the site under the MDR provisions of Section 3.2-200 of the Springfield Development Code (SDC). Notification and Written Comments Notification of the February 15, 2022 Planning Commission public hearing was sent to all property owners and residents within 300 feet of the site on January 25, 2022. Newspaper notice of the public hearing meeting was published in the legal notices section of the Register Guard on February 7, 2022. Staff also posted public hearing notices at two locations along the property frontages on Main Street and A Street. No telephone calls or written comments were received prior to the completion of the Planning Commission report packet. On April 16, 2020, the Governor issued Executive Order 20-16, which requires governing bodies to hold public meetings and hearings by telephone, video, or through other electronic or virtual means whenever possible. On June 30, 2020, Oregon Legislature enacted House Bill 4212 (HB 4212) which waives requirements under the Oregon Public Meetings Law and other statutes to facilitate public meetings online or by phone. Under HB 4212, the governing body must make available a method by which the public can listen to or virtually attend the public meeting or hearing at the time it occurs. House Bill 4212 allows governing bodies to accept public testimony by telephone or video conferencing technology, or to provide a means to submit written testimony (including email or other electronic methods) that the governing body can consider in a timely manner. House Bill 4212 overrides conflicting requirements for quasi-judicial public hearings in state law or in the Springfield Development Code or Metro Plan. Since issuance of the Executive Order and adoption of HB 4212, the City of Springfield has conducted regular and public hearing meetings of the Planning Commission using online virtual meeting platforms. The February 15, 2022 Planning Commission public hearing will be conducted as an online meeting via Zoom which allows members of the public to observe and listen to the meeting online. Members of the public are able to provide testimony to the Planning Commission prior to the meeting by emailing comments to staff, using the http://springfieldoregonspeaks.org web portal, or by joining the online meeting remotely. The public is also able to provide testimony to the Planning Commission by phone. Details regarding how to join the online meeting were provided in the notification letter mailed to adjacent residents and property owners, in the posted public hearing notices, in the Planning Commission meeting agenda, and posted on the City’s website. Criteria of Approval SDC 5.22-100 contains the criteria of approval for the decision maker to utilize during review of Zoning Map amendment requests. The Criteria of Zoning Map amendment approval criteria are: SDC 5.22-115 CRITERIA C. Zoning Map amendment criteria of approval: 1. Consistency with applicable Metro Plan policies and the Metro Plan diagram; 2. Consistency with applicable Refinement Plans, Plan District maps, Conceptual Development Plans and functional plans; and 3. The property is presently provided with adequate public facilities, services and transportation networks to support the use, or these facilities, services and transportation networks are planned to be provided concurrently with the development of the property. 4. Legislative Zoning Map amendments that involve a Metro Plan Diagram amendment shall: a. Meet the approval criteria specified in Section 5.14-100; and b. Comply with Oregon Administrative Rule (OAR) 660-012-0060, where applicable. Proposed Findings In Support of Zone Change Approval Criterion: Zoning Map amendment criteria of approval: 1. Consistency with applicable Metro Plan policies and the Metro Plan diagram; Applicant’s Narrative: “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 rezone and allow underutilized low-density residential land to be developed with more compact medium-density residential development. The parcel affected by this application is 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. The subject site is served by all urban services therefore concentrating those services inside the UGB. 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. The rezoning of this property 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. 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 rezoning of this property will locate medium density residential development in proximity to 58th Street and directly abutting Main Street, both transportation corridors served by LTD. The subject site is also located directly south of Thurston High School and in close proximity to William S. Fort Memorial Park and Thurston Park. Employment and commercial services are found nearby to the west at the intersection of Bob Straub Parkway and Main Street. 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's [sic] will ensure adequate infrastructure and services are provided to the subject sites. Open space will be provided through the requirements found throughout the Springfield Development Code. As demonstrated above the proposed zone charge is consistent with Metro Plan policies. The Metro Plan diagram shows a planned designation for this property as Medium Density Residential therefore this proposed zone change is consistent with the Metro Plan Diagram.” Finding 1: The applicant’s statements in the italicized narrative above and in the subsections to follow are adopted as findings herein. The subject property is designated Medium Density Residential on the adopted Metro Plan diagram and the proposed rezoning action brings the site zoning into conformity with the land use designation. Finding 2: 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 would bring the site into conformity with provisions of the Metro Plan and the City’s Development Code. The rezoning action also would facilitate the future review and approval of development plans for the vacant portion of the property. Finding 3: In accordance with Policy A.4 of the Metro Plan, the City shall use annexation, provision of adequate public facilities and services, rezoning, redevelopment, and infill to meet the 20-year projected housing demand. Currently, the property is zoned LDR – but designated MDR – and rezoning is necessary to achieve the anticipated dwelling unit density anticipated by the adopted Metro Plan and further detailed in the Springfield Comprehensive Plan. Finding 4: The policies of the Springfield Comprehensive Plan – Residential Land Use and Housing Element and Urbanization Element also apply to the subject site. The Residential Land Use and Housing Element of the City’s adopted Comprehensive Plan updates and refines, but does not replace, the Residential Land Use and Housing Element of the Metro Plan. Finding 5: In accordance with Policy H.4 of the Springfield Comprehensive Plan – Residential Land Use and Housing Element, the City is to continue to identify and remove regulatory barriers to siting and constructing higher density housing types in the existing medium and high-density residential districts. The subject property is designated for medium density housing form(s) and in this case the regulatory barrier is a property zoning that does not match the comprehensive plan designation. The proposed rezoning action would remove a barrier to redevelopment of the site with medium density residential uses. Finding 6: In accordance with Policy H.7 of Springfield Comprehensive Plan – Residential Land Use and Housing Element, the City is to continue to develop and update regulatory options and incentives to encourage and facilitate development of more attached and clustered [single-unit] housing types in the low density and medium density districts. The City’s practice for addressing plan/zone conflicts where site zoning does not match the comprehensive plan designation is to accept and process the rezoning application at minimal cost to the applicant. The standard application fee for rezoning is waived and the applicant only pays the cost for newspaper and mailed public notifications. This streamlined zoning map amendment process offers substantial cost saving to the applicant provides an incentive to rezone the site to MDR to facilitate future redevelopment with medium density housing. It does not obligate the applicant to construct only attached single-unit housing form(s) on the site, however. Finding 7: In accordance with Urbanization Goal UG-1, Policy 2 of the Springfield Comprehensive Plan – Urbanization Element the City is to continue to support and facilitate redevelopment and efficient urbanization through City-initiated area-specific refinement planning and zoning amendments consistent with the policies of this Plan. Consistent with Policy 2, the proposed rezoning facilitates redevelopment of a site that is within the existing urban fabric, has direct access to City services and utilities, is located along a frequent transit corridor, and would provide needed housing for the community. Additionally, the City is processing the rezoning action at nominal cost to the applicant in order to correct the plan/zone conflict and thereby facilitate future redevelopment of the site. Finding 8: The proposed rezoning does not require a comprehensive plan amendment and, in fact, is necessary to bring the site into conformity with the City’s adopted comprehensive plans. Based on these findings staff concludes that the proposal is consistent with Policy E.6. Conclusion: Rezoning the subject property from LDR to MDR is consistent with provisions of the adopted Metro Plan, the Springfield Comprehensive Plan – Residential Land Use and Housing Element, and the Springfield Comprehensive Plan – Urbanization Element. 2. Consistency with applicable Refinement Plans, Plan District maps, Conceptual Development Plans and functional plans; Applicant’s Narrative: “The subject property is not located in an area with an adopted Refinement Plan, Plan District Map or Conceptual Development Plan. The Zoning Map Amendment is consistent with the applicable functional plans as discussed below. Springfield 2035 Transportation System Plan (TSP) The Springfield 2035 TSP provides a framework for how the city should maintain and improve the transportation network to meet growth within Springfield's Urban Growth Boundary. The subject property has frontage on Main Street and through the development of the property on the extension of and improvement of A Street. The functional classification of Main Street is ‘Major Arterial’. A Street is a local road. The 2035 TSP does not contain any projects relevant to the subject property. The proposed zone change will not adversely impact the City' s ability in the future to implement the 2035 TSP. Transportation Planning Rule (OAR 660-012-0060(1)): 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 as provided in section (2) of this rule, unless the amendment is allowed under section (3), (9) or (10) of this rule. (9) Notwithstanding section (1) of this rule, a local government may find that an amendment to a zoning map does not significantly affect an existing or planned transportation facility if all of the following requirements are met. (a) The proposed zoning is consistent with the existing comprehensive plan map designation and the amendment does not change the comprehensive plan map (b) The local government has an acknowledged TSP and the proposed zoning is consistent with the TSP; and (c) The area subject to the zoning map amendment was not exempted from this rule at the time of an urban growth boundary amendment as permitted in OAR 660- 024-0020(1)(d), or the area was exempted from this rule but the local government has a subsequently acknowledged TSP amendment that accounted for urbanization of the area. The City of Springfield's 2035 Transportation System [Plan] (2035 TSP) is the City's acknowledged local transportation system plan. The proposed zoning does not change the comprehensive plan map, Springfield has an acknowledged TSP, and the area subject to the zoning map amendment was not exempted from this rule at the time of an urban growth boundary amendment.” Finding 9: The applicant’s statements stated in the italicized project narrative above are adopted as findings herein. The property is not within an adopted neighborhood Refinement Plan or Plan District so these sub-elements are not applicable to the proposed rezoning action. However, the proposed rezoning is consistent with the applicable functional plans as stated in the applicant’s narrative and described herein. Conclusion: Rezoning the subject property from LDR to MDR is consistent with the provisions of the City’s adopted functional plans. 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: “The subject property is within the Springfield city limits and is served by adequate public facilities, services, and transportation networks. The subject site abuts Main Street to the south and will abut the dedication and improvement of the extension of A Street upon development to the north. There is a 15” sanitary sewer line bisecting the property east to west in a PUE., an 18” sanitary sewer line in Main Street, a 30” stormwater line in Main Street, LTD has a route on Main Street and the subject property can be served with both water and electric.” Finding 10: The property requested for rezoning has frontage on Main Street along the southern boundary and a stub of A Street along the northwestern edge. A Street is classified as a local street and Main Street is classified as a major arterial street that is operated by the Oregon Department of Transportation (ODOT). There are no future TSP projects for A Street or Main Street at this location in Springfield. No other near-term or long-term improvements for either A or Main Streets are identified for the year 2035 horizon. Finding 11: Currently, access to the site is via a residential driveway onto Main Street near the southwest corner of the site. With redevelopment of the property, should this occur, the existing house could retain its driveway onto Main Street. Any new driveway access would be derived from an extension of A Street along the northern boundary of the site. Traffic associated with future residential development on the property would be directed to A Street and thereafter to nearby street intersections, including 60th Place at Main Street. Finding 12: The surrounding neighborhood is developed with public streets and utilities that are available to serve future redevelopment of the site. A full suite of public utilities and services with sufficient capacity to support the requested rezoning from Low Density Residential to Medium Density Residential are available within or on the perimeter of the subject property including the following: • Sanitary Sewer: There is an existing 15-inch sanitary sewer trunk line that runs east-west through the middle of the subject site. The public sewer line has adequate capacity for future modifications to the site that would increase the amount of sewer flows originating from the property. • Storm Sewer: There are existing public storm sewer lines along the Main Street frontage and outside the northern boundary of the property in the Thurston High School site. The public stormwater line outside the northern property boundary is an 18-inch line that provides service to the residential neighborhood west of the subject site. Concurrent with any future modifications to the site, the property owner or applicant would be responsible for installing adequate facilities to manage and treat stormwater runoff before it reaches the public system. • Water: Springfield Utility Board (SUB) Water service is located along the Main Street and A Street frontages of the property. There is an existing fire hydrant just east of the property frontage on the north side of Main Street. The existing water lines and fire hydrant provide sufficient coverage for the subject property as it is currently configured. The applicant or developer would be responsible for ensuring that water system capacity is sufficient for any future modifications to the site under the proposed Medium Density Residential zoning, including extension(s) of public water lines for system looping and installation of new fire hydrants to provide sufficient fire flow coverage. • Electricity: SUB Electric has overhead electrical facilities along the south side of Main Street and an overhead service line for the existing house on the property. The existing electrical facilities are adequate for the current use. However, the applicant or developer would be responsible for ensuring that electric system capacity is sufficient for any future modifications to the site under the proposed Medium Density Residential zoning. • Telecommunications: Comcast and CenturyLink have telecommunication facilities along the Main Street and A Street frontages of the property. The existing facilities are suitable for the current use and future redevelopment of the site under the proposed Medium Density Residential zoning. Finding 13: Any future modifications or redevelopment of the subject site with new residential uses would be subject to the land use approval processes outlined in SDC 3.2-210 (Schedule of Residential Uses) and 5.17-100 (Site Plan Review) or the standards and processes applicable at the time of application, if different. The applicable development review procedures will detail the design and configuration of the development area and associated dwellings, the location of utility connections, and conformance with the applicable criteria of approval for any proposed future development. Conclusion: Based on the above findings and the existing transportation and utility network serving the site, the proposed zoning change to Medium Density Residential can be accommodated without required upgrades or extensions to public infrastructure. Future redevelopment of the site will be predicated on the applicant providing any necessary extensions or connections of public utilities and infrastructure to serve the development site. 4. Legislative Zoning Map amendments that involve a Metro Plan Diagram amendment shall: 1. Meet the approval criteria specified in Section 5.14-100; and 2. Comply with Oregon Administrative Rule (OAR) 660-012-0060, where applicable. Applicant’s Narrative: “This application is not a Legislative Zoning Map amendment and does not involve a Metro Plan diagram amendment.” Finding 14: The applicant is not proposing to change the comprehensive plan designation of Medium Density Residential for the property. Therefore, a Metro Plan diagram amendment has not been initiated and the approval criteria of SDC 5.14-100 are not applicable. Finding 15: The applicant has provided findings in support of the rezoning request under Subsection 2 above. Some of the applicant’s transportation findings are applicable to this Subsection by demonstrating the application’s compliance with OAR 660-012-0060. Finding 16: The Transportation Planning Rule (TPR), Oregon Administrative Rule OAR 660-12-0060, requires local governments to put in place mitigation measures as provided in the TPR whenever an amendment to a functional plan, an acknowledged comprehensive plan, or land use regulation (including a zone change) would “significantly affect” an existing or planned transportation facility. Finding 17: Under the TPR, a plan amendment or zone change may result in a “significant affect” under OAR 660-012-0060(2)(a) and (b) by changing the functional classification of an existing or planned transportation facility or by changing the standards implementing a functional classification system. The subject application proposes to change the property from Low Density Residential (LDR) to Medium Density Residential (MDR) zoning. The proposed zoning map amendment does not alter the functional classification of any facility or change any standards for implementing the functional classification system and therefore does not result in a “significant effect” under OAR 660-012- 0060(2)(a) or (b). Finding 18: Under the TPR, a plan amendment or zone change may also result in a “significant affect” if it would result in any of the effects listed under OAR 660-012-0060(2)(c) “based on projected conditions measured at the end of the planning period identified in the adopted TSP.” Finding 19: Under the TPR, a “significant affect” occurs if the proposed amendment(s) would result in types or levels of travel or access that are inconsistent with the identified function classification of the existing or planned transportation facilities, that degrade the performance of an existing or planned transportation facility such that it would not meet performance standards identified in the TSP, or that degrade the performance of an existing or planned transportation facility that is otherwise not projected to meet the performance standards identified in the TSP. Finding 20: When determining whether a proposed functional plan or land use amendment has a significant effect, OAR 660-012-0060(4)(a) states that local governments must rely on existing transportation facilities and services and on the planned transportation facilities and services set forth under subsections (4)(b) and (4)(c) of the rule. Finding 21: OAR 660-012-0060(4)(b)(E) states that improvements to regional and local roads, street, or other facilities that are included in a regional or local transportation system plan are considered planned facilities, improvements or services when the responsible local government provides a written statement that the facilities, improvements, or services are “reasonably likely to be provided by the end of the planning period.” Finding 22: The applicant has not submitted a Traffic Impact Study (TIS) addressing traffic impacts associated with the proposed zone change from Low Density Residential to Medium Density Residential to show compliance with the TPR at OAR 660-012-0060. However, the subject site is designated Medium Density Residential in the City’s adopted comprehensive plans so the local transportation analysis has been completed previously. The City’s existing and planned transportation network anticipates buildout of residentially-designated areas at a range of densities that are consistent with their land use designation. Therefore, rezoning the subject property from Low to Medium Density Residential brings the site into conformity with the adopted comprehensive plans and does not cause a significant affect; any potential impact has been considered already based on the adopted land use designation. Conclusion: Based on the above findings, the proposal to change the zoning to Medium Density Residential will not significantly affect an existing or planned transportation facility. Therefore, the proposed zoning map amendment is consistent with OAR 660-012-0060 and SDC 5.22-115C.4.b, and no additional mitigation is required under the TPR. Conclusion: Based on the above-listed criteria, the criteria for rezoning have been met. 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. No Recommended Conditions of Approval. Staff advises that the zone change request was initiated in accordance with provisions of the City’s Development Code. The Planning Commission is requested to review and deliberate on the totality of the submitted information and to vote on the Final Order attached hereto. The Planning Commission’s decision is the final decision on this requested Zoning Map amendment.