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.