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HomeMy WebLinkAboutComments PLANNER 2/6/2007 Date F dive';' Planner: MrVI --~~!-'/O 7 MEMORANDUM CITY OF SPRINGFIELD DATE OF HEARING February 6, 2007 TO. Spnngfleld Planning Commission TRANSMITTAL MEMORANDUM FROM Mark Metzger, Planner SUBJECT Proposed Amendments to Articles 2, 18 and 20 Deflnrng "Home Improvement Centers" and ShOWing Their Approved Zoning ISSUE The purpose of thiS amendment IS to define "home Improvement centers" as a specific use for Inclusion In Article 2-Deflnltlons and to add "home Improvement centers" to the list of uses found In Article 18-Commerclal zonrng dlstncts and Article 20--Industnal zoning dlstncts The proposed zoning deSignations are based on the pnor action of the Plannrng Commission on recognrzlng home Improvement centers as a permitted use In Industnal zones and on a site plan approval by staff allOWing the location of the Jerry's Home Improvement Center In a commercial zone DISCUSSION Home Improvement centers are a kind of retaillwholesale activity that did not widely eXist 20 years ago The Spnngfleld Development Code (SDC) contains no reference to home Improvement centers per se, but does Identify uses of Similar character and operational charactenstlcs Article 4 of the Development Code allows the Planning CommiSSion to make "new use Interpretations" based on specific cntena On July 18, 2006, the Plannrng CommiSSion took action to make such an Interpretation that Identified home Improvement centers as a use and specified that they be allowed In Industnal zonrng dlstncts The (SDC) contains suffiCient c1anty about the location of home Improvement centers In commercial areas that staff approved the location of Jerry's Home Improvement Center as part of the Wal-Mart development In a Major Retail Commercial zone It IS likely that other home Improvement centers Will seek to locate In Spnngfield and the proposed amendments are Intended to c1anfy and Implement the interpretation of the Plannrng CommiSSion and to provide certainty about where such developments may locate In Spnngfield ACTION REQUESTED The Plannrng CommiSSion IS requested to review the proposed amendments to Articles 2, 18 and 20, and make a recommendation to the City Council to approve, approve With suggested modifications or to deny the amendments ATTACHMENTS' Attachment 1 Staff Report Attachment 2 Proposed Amendments In Legislative Format Attachment 3 Plannrng CommiSSion Order late ReceiVed a 1/. 1_ Plann ~.' BEFORE THE PLANNING COMMISSION er MM OF THE CITY OF SPRINGFIELD I TEXT AMENDMENT OF THE ( SPRINGFIELD DEVELOPMENT CODE ( ( Case Number lRP2006-00038 ( FINDINGS, CONCLUSION AND ORDER ( NATURE OF THE APPLICATION This proposal amends Article 2-Definltlons, Article 1i-commerclal ZOning Dlstncts and Article 20--Industrlal Zoning Districts of the Springfield Development Code to define "Home Improvement Center" as a use and to designate those zOning districts where It IS allowed 1 The apphcatron conforms to the prOVIsions of Section 3 050 of the Springfield Development Code Timely and suffiCient notice of the pubhc hearing, pursuant to Section 14 030 of the Springfield Development Code was proVided 2 On February 6, 2007, a pubhc hearing on the proposed text amendments to the Springfield Development Code was held The Development Services staff notes, including criteria of approval, findings, and recommendatrons, together With the testimony and submittals of those persons testifYing at the hearing or In wrltrng, have been conSidered and are part of the record of thiS proceeding CONCLUSION The proposed text amendments are presented for approval as amendments to the Springfield Development Code, Articles 2, 18 and 20, defining the use "home Improvement center" and deSignating certain commercial and industrial zOning districts where they are allowed On the baSIS of thiS record, the requested text amendment to the Springfield Development Code IS consistent With the crltena of approval of Section 8 030 of the Development Code ThiS general finding IS supported by the speCific findings of fact and conclUSion in the Staff Report and attached hereto RECOMMENDATION It is RECOMMENDED by the Planning CommiSSion of Springfield that Journal Number lRP2006-0038, Amendment to the Springfield Development Code, (be approved) (be approved With reVISions) (be denied) by the Springfield City CounCil ThiS RECOMMENDATION was presented to and approved by the Planning CommiSSion on February 6, 2007 Planrung COnUTIlSSlOn ChaIrperson Date ReCP.lved _ R/ (, ~ ') Planner MM ,( c City Of Springfield Development Services Department February 6, 2007 Staff Report ApplIcant Journal No City ofSpnngfield LRP2006-00038 Request ProcedureType To make text amendments to the Spnngfield Development Code, Type IV-- LegislatIve Articles 2-DefimtlOns, l8--CommercJaI Zomng Dlstncts and 20- Industnal Zomng Dlstncts The purpose IS to define of "Home Improvement Center" and show where such developments are allowed, pursuant to a formal interpretatIOn by the Planrung CommiSSIOn Attachments Attachment 2 Summary of Proposed Changes to Articles 2,18, and 20 In LegislatIve format Attachment 3 Planrung ComrmsslOn Order I. ExecutIve Summary Purpose and BaSIS for the Amendments Home Improvement Centers are a kind of retail/wholesale activity that did not WIdely eXist 20 years ago The Spnngfield Development Code contains no reference to home unprovement centers per se, but does IdentIfY uses of similar character and operatIOnal charactenstIcs The purpose oftlus amendment IS to define "home Improvement centers" as a use for inclusIOn In Article 2-DefimtIons and to add "home unprovement centers" to the list of uses found In ArtIcles 18--CommercJaI zomng dlstncts and ArtIcle 20-lndustnal zomng dlstncts The defimtlOn IS based on that gleaned from other commurutJes as modified by staff The determinatIOn of where to allow home Improvement centers IS based on past sIte plan approval and on the formal actIOn of the Planrung ComnusslOn In July 2006, acting on a request for a "new use interpretatIOn" No new policy WIth respect to the 10catJon of home Improvement centers IS Intended by tlus actIOn Staff Report Proposed Amendments to Ame/es 2, 18 and 20 February 6, 2007 1 DescrIption of the Amendments Date ReceIved Planner MM p,/o ~ /Ot , ARTICLE 2-DEFINITIONS The proposed amendment WIll add the folloWIng defimtlOn to Article 2 020 Mearung of Specific Words and Terms Home Imorovement Center A faclhtv that IS tvmcallv more than 30.000 souare feet QJOSS floor 1!fea em!aged m the wholesale and retaIl sale ofvanous ba~lC hardware hnes, such a~ tools. bUIlders' hardware. nlumbmg and electncal sunnhes, lumber. namt and glass. housewares, doors. cabmets, and household annhances. and garden sunnhes These mclude stores selhng to the general nubhc even If contractor sales account for a maIOr nronortlon oftotal sales Inventorv_ and nartlcular lumber. IS stored m an enclosed. or senn-enclosed covered area as onnosed to a lumber vard whIch has nnmanlv outSIde storage Potted nlants. garden sunnhes. outdoor furruture and SimIlar Items mav also be stored m an outSIde semI-enclosed area Based on pnor actIOn of staff to approve the sIte plan for Jerry's Home Improvement Center and on a deCISIOn by the Plannmg ConumsslOn to allow home rmprovement centers to be developed m mdustnal zomng dlStnCtS, the follOWIng amendments to ArtIcles 18 and 20 are proposed ARTICLE 18 COMMERCIAL ZONING DISTRICTS 18.020 SCHEDULE OF USE CATEGORIES_ The follOWIng uses are permItted In the dlstncts as mdlcated subject to the proVISIOns, addItional restnctlOns and exceptIOns set forth In tins Code "P'" = PERMITTED USE, subject to the standards of tins Code, may be processed under Type I, " or III procedures (please refer to ArtIcle 3 of tins Code) "S" = SPECIAL USE, subject to speclallocatlonal and sltmg standards to be met pnor to bemg deemed a penrutted use, may be processed under Type I, " or III procedures (please refer to ArtIcle 3 of tins Code) "D" = DISCRETIONARY USE, mayor may not be penrutted, based upon the apphcatIOn of general cntena, may be subject to speclallocatlOnal and sltmg standards to be met pnor to bemg deemed a penrutted use, processed under Type III procedures (please refer to ArtIcles 3 and 10 of tins Code) - = NOT PERMITTED SITE PLAN REVIEW SHALL BE REQUIRED unless speCIfically exempted elsewhere m tins Code Staff Report Proposed Amendments to Arllcles 2, 18 and 20 February 6, 2007 2 CATEGORIES / USES (13) Warehouse commercIal retail and wholesale sales (SectIOn 18110(11)) (a) Cold storage lockers (b) Electncal supplIes and contractors (c) Floor covenngs sales (d) Fuel dealers '(e) Home ImDrovement Center (I) Heavy eqUipment and truck rental/sales (g) Indoor storage, other than mlm-warehouses, and outdoor storage areas / yards (h) Large electncal applIance sales (I) Lumber yards and bUlldmg matenals (j) Merchandise vendmg machIne operators (k) Mml-warehouses (I) Plumbmg and heatmg supplIes and contractors (m) Unfimshed furniture (0) Uses lIsted under automotive and retaIl wluch are wholesale uses (See appropnate sectJoo) ARTICLE 20 LMI, m AND sm INDUSTRIAL ZONING DISTRICTS 20.020 SCHEDULE OF USE CATEGORIES. Date ReceIVed >Z / v! IY7 Planner, MM - DISTRICTS NC CC MRC GO p p p S G ~ ~ U - ~ - S S P p S p S S P The followmg uses are permItted m the dlstncts as mdlcated subject to the proViSIOns, additional restnctlOns and exceptIOns set forth m tlus Code Uses smular to those Staff Report Proposed Amendments to Amcles 2, ]8 and 20 February 6, 2007 3 Date ReceIved 2.. / (, /'7 Planner MM specifically listed may be pel1mtted at the discretIOn of the Director m accordance With Article 4, interpretatIOn "P" = PERMITTED USE, subject to the standards of this Code, may be processed under Type I, " or III procedures (please refer to ArtIcle 3 of this Code) "S" = SPECIAL USE, subject to speclallocatlOnal and sltmg standards to be met pl10r to bemg deemed a pel1llltted use, may be processed under Type I, " or III procedures (please refer to Article 3 of this Code) "0" = DISCRETIONARY USE, mayor may not be pel1llltted, based upon the applicatIOn of general cntena, may be subject to speclallocatlOnal and sltmg standards to be met pnor to bemg deemed a pel1llltted use, processed under Type III procedures (please refer to Articles 3 and 10 of this Code) - = NOT PERMITTED SITE PLAN REVIEW SHALL BE REQUIRED unless specifically exempted elsewhere m this Code USE CATEGORIES / USES DISTRICTS LMI RI SRI (9) Warehouse commercial, wholesale trade, storage and dlstnbutlOn (20 100) (a) Home Improvement Center ~ E E (b) RegIOnal dlstnbutlOn headquarters, mcludmg mdoor storage P P S (c) Warehouse / commercial uses engaged pnmanly m the wholesalmg of matenals to the constructIOn mdustry S S S (d) Wholesale trade, warehousmg, dlstnbutJon and storage (to mclude mlm-storage) P P S (e) Uses listed under (18020(13) oftlus Code, ~ excludmg (i'!!.n) P P S II, Procedural ReqUirements Procedural reqUirements for amendmg the Spnngfield Development Code (SDC) are descnbed m Article 8 and Article 14 Staff Report Proposed Amendments to Articles 2, 18 and 20 February 6, 2007 4 Dan,' ~ P/ann"" "Jd }/L./b? ,V'III1 ArtIcle 8 mdlCates that the Planrung DIrector, Planmng ComrmssIOn, CIty CouncIlor a resIdent of the CIty can ImtJate amendments to the SDC Such amendments of are reviewed under a "Type IV" procedure and reqUIre pubhc heanngs before the Planmng CommISSIOn and the City CounCil Type IV procedures are detaIled m ArtIcle 3 100 of the SDC The proposed reVISIOns to ArtIcles 2, 18 and 20 have been 1llltJated by the Planrung DIrector ArtIcle 14 030 (2) reqUIres that leglslatJve land use deCISIOns be advertised m a newspaper of general cIrculatIOn, provldmg mformatIOn about the legIslatIve actIOn and the tune, place and locatIOn of the heanng Fmdings: #1 The Planrung Director has 1llltJated these amendments to Article 2-Def1llltJons, ArtIcle 18-CommercIaI Zomng DIStnCtS, and ArtIcle 20, Industnal Zomng Dlstncts The amendments are not sIte speCIfic and fall under the defimtJon of a leglslatJve actIon #2 A "DLCD NotIce Proposed Amendment" was maIled to the Department of Land ConservatIOn and Development on December 19, 2007, alertmg the agency to the City'S mtent to amend the abovementIOned Articles The notIce was mlllled more than 45 days m advance of the first eVldentJary heanng as reqUIred by ORS 197610 Staff subsequently met WIth DLCD and ODOT staff on January 24, 2007 to dISCUSS elements of the proposed amendments related to where home Improvement centers may be located #3 NotIce of the pubhc heanng concernmg tlus matter was pubhshed on January 26, 2007 m the Eugene RegIster Guard, advert1S1ng both the heanng before the Spnngfield Plannmg CommIssIOn on February 6 and the CIty CounCIl on February 20, 2007 The content of the notJce followed the dIrectIOn gIven m SectIOn 14 030 (2) ofthe SDC for legislatIve actIOns ConclUSIOn: Procedural reqUIrements descnbed m ArtICle 8 and Article 14 of the SDC have been followed NotJce reqUIrements estabhshed by DLCD for amendmg the Development Code have also been followed IV. DeCISIOn CrIteria and Fmdmgs ArtIcle 8 descnbes the cntena to be used m approvmg an amendment to the SDC It states that m reachmg a deCISIOn, the Plannmg CommISSIOn and the CIty CounCil must adopt findmgs wluch demonstrate conformance WIth "1) the Metro Plan, 2) applicable State statutes, and to 3) applicable State-wIde Planmng Goals and Admlmstratlve Rules .. Staff Report Proposed Amendments to Artldes 2, 18 and 20 February 6,2007 5 Date Received Planner MM 9./ re/b7 CTlterlOn #1 "Conformance wIth the Metro Plan" Findings #4 The Eugene-Spnngfield Metropolitan Area General Plan (Metro Plan) IS the basIc gmdmg land use policy document for the CIty of Spnngfield SectIOn G of the Metro Plan descnbes the vanous land use desIgnatIons used for the Metro Plan DIagram #5 The Sprmgfield Development Code Implements the Metro Plan The vanous zomng dlstncts and uses mcluded m those dlstncts are mtended to be consistent With the uses descnbed m the Metro Plan When the Spnngfield Development Code was adopted m May 1986, It was found by the CIty CouncIl to be consIstent With the Metro Plan The Development Code was subsequently acknowledged by the Land Conserval1on and Development CormmsslOn as bemg consIstent With the Metro Plan and With StateWide Planmng Goals #6 The Spnngfield Development Code, as adopted m May 1986, mcluded provIsIOns for "warehouse commercIal" uses to be permItted m mdustnal and commercIal zones Warehouse commercIal uses as descnbed m ArtIcle 18020(13) mcluded several mdlvldual uses sImIlar to those that are tYPICal of a home Improvement center #7 Subsequent amendments to and verSIOns of the Spnngfield Development Code, mcludmg the current one dated July 2005, were found to be consIstent With the Metro Plan and StateWide Planmng Goals and AmmmstratIve Rules and acknowledged as such by the Land ConservatIOn and Development Each amendment to the Spnngfield Development Code must be Judged to be consIstent With the Metro Plan and With StatewIde Planrung Goals and AmmmstratIve Rules, as mentIOned above #8 ArtIcle 4--1nterpretatlOn descnbes the process and cntena for deCISIOn makmg to be used by the Planmng CommIssIOn when IdentIfymg and allOWing new uses based on their slmllantIes m character and operatIOn to eXlstmg allowed uses WltIun a zomng dlstnct #9 In July 2006, the Spnngfield Planmng CommIssIOn acted on a request for a New Use InterpretatIOn under SectIOn 4 030 of the Development Code At that tl1lle, It was generally recognIzed that home Improvement centers were allowed III the Commumty CommercIal and Major RetaIl CommercIal zomng dlstncts For example, Jerry's Home Improvement Center was Sited m a MRC zone adjacent to Wal-Mart m 2004 The CommISSIOn was requested by a potentIal developer to rule on whether home l1llprovement centers should be allowed III Illdustnal zones The Planmng CommIssion heard testImony, conSidered a staff analYSIS, adopted findlllgs and ordered that "home Improvement centers be allowed as a permItted use III mdustnal zomng dlstncts" (ZON2006-00024, Planmng CommIssIOn Order dated July 18, 2006) The CommIssion found that home l1llprovement centers had charactenstIcs sImIlar to those of other uses already listed III mdustnal dlStnCtS, and that they had sImIlar operatIOnal qualitIes Staff Report Proposed Amendments to Arlle/es 2, 18 and 20 February 6, 2007 6 Date Received Planner MM ~/~/o'7 #10 Tills actIOn formally defines home Improvement center as a use and amends the Spnngfield Development Code by IOsertlOg the term 10 Section 2 020--Meamng of Specific Words and Terms, and descnbes the app.vp..ate zorung designatIOn for the use 10 Articles 18 and 20 Conclusion The findlOgs shown above demonstrate that warehouse commercial uses were found to be consistent WIth the commercial and IOdustnal uses descnbed 10 the Metro Plan by vIrtue of the adoptIOn ofthe Spnngfield Development Code and subsequent acknowledgement by LCDC Further, by virtue of the adoptIOn and acknowledgement of Spnngfield Development Code, the process for addlOg new uses through Article 4--1nterpretatlOn, IS the appropnate legislative tool for addlOg new uses to the Code when the cntena found 10 SectIOn 4 030 are followed by the Planrung CommissIOn The proposed amendments to Articles 2, 18 and 20, based on the findlOgs IOcluded above, are consistent WIth Oregon's StateWIde Planrung Goals It IS the conclUSIOn of staff that the proposed amendments comply WIth tills cntenon CriterIOn #2 "Conformance With Applicable State Statutes" Fmdmg # 11 A text search of the Oregon ReVised Statutes Yielded no references to home Improvement center that prevent or limit then locatIOn use as a land use policy #12 ORS 197 12 (d) states 10 the context of economic development "Comprehensive plans and land use regulatIOns shall provide for compatible uses on or near sites zoned for specific IOdustnal and commercial uses" The Spnngfield Development Code lists many uses that are deemed to be compatible With commercial and IOdustnal zomng deSignatIOns "Warehouse commercial" uses are found to be compatible uses 10 both commercial and IOdustnal zones By IOterpretatlon of the Spnngfield PlannlOg CormrusslOn, home unprovement centers were specifically found to be compatible WIth IOdustnal uses # 13 The proposed amendments to Articles 2, 18 and 20 have followed the procedures for amendlOg local land use policies as descnbed 10 ORS 197 610 Conclusion The Oregon ReVised Statutes appear to be silent on the Issue home Improvement centers For lack of a proillbltlOn agalOSt It, home Improvement centers are presumed to be allowable development forms State statutes reqUire commurutles to provide for compatible uses on or near zones With commercial and IOdustnal zonlOg deSignatIOns This actIOn clarifies the status of home Improvement centers as a compatible use Wlthrn commercial and IOdustnal zones and IS consistent WIth the statutes Staff Report Proposed Amendments to Articles 2, 18 and 20 February 6, 2007 7 1ate Received 'J.!"! 07 Planner MM The proposed amendments to ArtIcles 2, 18 and 20, based on the findmgs mcluded above, are consistent With Oregon's StateWide Planrung Goals It IS the conclusIOn of staff that the proposed amendments comply With tills cntenon CrIterIOn #3 "Applicable State-wIde Planmng Goals and AdminIStrative Rules" Fmdmgs Comphance with Admmlstrative Rules #14 A text search of the Oregon Admlmstratlve Rules (OAR) Yielded no references to home 11llprovement center that prevent or limit their locatIOn use as a land use policy #15 OAR 660-009-0025 (6) states, "CIties and counties are strongly encouraged to manage encroachment and mtruslOn of uses mcompatIble With mdustnal and other employment uses" Both "mdustnal" and "other uses" have specific meamng m 660,009,0005 Warehouse commercial and home Improvement centers as found m Articles 18 and 20 of the Spnngfield Development Code and as defined by this actIOn, have charactenstlcs s11llilar to the defimtiOns found m OAR 660-009,0005 The clear readmg of 660-009, 0025 groups mdustnal and other uses together and dlstmgUlshes them from mcompatIble uses Horne Improvement centers clearly fit Wlthm the set of uses defined by mdustnal and other uses m OAR 660-009-0005 Compliance WIth Statewide Plannmg Goals #16 Goall- CitIzen Involvement Goal I calls for "the opporturuty for cItizens to be mvolved m all phases of the planrung process" The proposed amendments to Articles 2, 18, and 20 were the subject of legislative public hearIngs advertIsed m the Eugene Register Guard on January 26, 2007 The Plannmg CommIssiOn IS conductmg a public hearIng on February 6, 2007 The City Council IS scheduled to hold a public hearIng on February 20, 2007 #17 Goal 2 -Land Use Planmng Goal 2 outlmes the basiC procedures of Oregon's stateWide plannmg program It says that land use decIsiOns are to be made m accordance With a comprehensive plan, and that SUitable "ImplementatiOn ordmances" to put the plan's poliCies mto effect must be adopted The Eugene-Spnngfield Metropolitan Area General Plan (Metro Plan) IS the acknowledged comprehensive plan that gmdes land use planrung m Spnngfield VarIOUS adopted refinement plans and specific area plans proVide more detailed directiOn for planrung under the umbrella of the Metro Plan The SDC unplements the poliCies and duectlon of the Metro Plan The proposed amendments to Articles 2, 18 and 20 Will modify eXlstmg standards for development that Implement adopted poliCies found m the Metro Plan as Cited m Fmdmgs #4-10 above Staff Report Proposed Amendments to ArIlcles 2, J 8 and 20 February 6, 2007 8 Date Received (). / &! 07 Planner. MM #18 Goal] -Agrlcultural Land. Goal 3 defines "agncultural lands " It then requues counties to mventory such lands and to "preserve and mamtam" them through farm zornng TIns goal does not apply WIthIn adopted, acknowledged urban growth boundanes The City of Spnngfield does not have any agncultural zornng dlstncts These amendments do not apply outside the urban growth boundary and, because of limitatIOns on commercIal and mdustnal development without full urban services, generally do not apply outside the City limits All land m the City'S urban transItion area carnes City zornng An exceptIOn to thIs goal was taken m 1982 when the comprehensive plan was acknowledged #19 Goal 4 - Forest Land. This goal defmes forest lands and reqUires counties to mventory them and adopt policies and ordmances that WIll "conserve forest lands for forest uses" TIns goal does not apply WIthIn adopted, acknowledged urban growth boundanes The City of Spnngfield does not have any forest zornng dlstncts These amendments do not apply outside the urban growth boundary and, because of limitations on commercial and mdustnal development Without full urban servICes, generally do not apply outside the City limits All land m the City'S urban transItion area carnes City zornng An exceptIOn to thIs goal was taken m 1982 when the comprehensive plan was acknowledged #20 Goal 5 - Open Spaces, Scemc and HIStoric Areas, and Natural Resources Goal 5 covers more than a dozen natural and cultural resources such as WIldlife habitats and wetlands It establishes a process for each resource to be mventoned and evaluated The amendments to Articles 2, 18 and 20 do not repeal, replace or vOid eXlstmg Metro Plan policy or Development Code regulatIOns WIth respect to any Identified natural resources No changes to supportmg ordmances or policy documents adopted to comply WIth Goal 5 are affected by these amendments Goal 6 - AIr, Water and Land Resources QualIty. ThiS goal requues local comprehensive plans and unplementmg measures to be consistent WIth state and federal regulatIOns on matters such as groundwater pollutIOn The amendments to Articles 2, 18 and 20 do not repeal, replace or VOId eXlstmg Metro Plan policy or Development Code regulatIOns WIth respect to any Identified arr, water or land resource Issues No changes to supportmg ordmances or policy documents adopted to comply WIth Goal 6 are affected by these amendments #21 Goal 7 - Areas Subject to Natural DISasters and Hazards. Goal 7 deals With development m places subject to natural hazards such as floods or landslides It reqUires that JunsdlctlOns apply "appropnate safeguards" (floodplam zornng, for example) when planrnng for development there All sites Wlthm Spnngfield that are subject to these hazards (floodplam, erosIOn, landslides, earthquakes, weak foundatIOn sOils) are mventoned through a vanety of Staff Report Proposed Amendments to Articles 2, /8 and 20 February 6, 2007 9 Jate Received p.. / c. / /) 7 Planner MM sources The proposed amendments do not remove or exempt compliance WIth other Code standards that may apply to development #22 Goal 8 - Recreational Needs. TIus goal calls for each commuruty to evaluate Its areas and facilitIes for recreatIOn and develop plans to deal WIth the projected demand for them Wlllamalane Park and RecreatIOn Dlstnct IS the entIty responsible for park planrung, development and mamtenance m the urban transitIOn area as well as the City limits The proposed amendments to do not alter poliCies encouragmg the provISIon of recreatIOnal facIlitIes and the mcorporatIon of parks and open space m commurmty deSign #23 Goal 9 - Economic Development. Goal 9 calls for diversIficatIOn and Improvement of the economy It asks commumtIes to mventory commercIal and mdustnallands, project future needs for such lands, and plan and zone enough land to meet those needs The proposed amendments defme and clanfy home Improvement centers and deSIgnate proper zorung deSIgnatIOns for the use wlthm the defimtlOn of mdustnal and other uses defined m OAR 660-009,0005 and 660-009-0025 #24 Goal 10 - Housing. TIus goal specifies that each City must plan for and accommodate needed housmg types, such as multifamily and manufactured housmg The amendments to ArtIcles 2, 18 and 20 do not repeal, replace or VOId eXistIng Metro Plan policy or Development Code regulatIOns WIth respect to any housmg Issues No changes to supportmg ordmances or policy documents adopted to comply with Goal 10 are affected by these amendments #25 Goal 11 - Publtc Facilities and Services. Goal II calls for effiCient planmng of public services such as sewers, water, law enforcement, and fire protectIOn #26 The Eugene,Spnngfield Metropolitan Public Services and FaCilitIes Plan (PFSP) IS a refmement plan of the Metro Plan that guides the provIsIOn of public mfrastructure, mcludmg water, sewer, storm water management, and electnclty The amendments to Articles 2, 18 and 20 do not repeal, replace or VOId eXlstmg Metro Plan, PFSP or or Development Code regulatIOns WIth respect to public faCIlity Issues No changes to supportmg ordmances or policy documents adopted to comply WIth Goal II are affected by these amendments #27 Goal 12 - TransportatIOn, The goal alms to proVide "a safe, convement and economIc transportatIOn system " SectIOn 660-012-0060 of the TransportatIOn Planmng Rules reqUIres evaluatIOn ofa comprehenSIve plan or land use regulatIOn amendment to determme If an amendment to the SDC slgruficantly affects a transportatIOn faCility The proposed SDC amendment does not change the functIOnal clasSificatIOn of an eXlstmg or planned transportatIOn faCility, change standards unplementmg a functIOnal clasSIficatIOn system, allow types of levels of use wluch would result m levels of travel or access wluch are mconslstent WIth the functIonal clasSIficatIOn of a transportatIOn faCIlity, or reduce the level of service of a Staff Report Proposed Amendments to Arllcles 2, 18 and 20 February 6, 2007 10 ~/ul{)/ pate Received Planner. MM facility below the minimum acceptable level Identified m the Metropolitan Area TransportatIOn Plan (TransPlan) This report mcorporates the staff report, findmgs, and declSlon of the July 18,2006 Planmng ComrrusslOn order that recognIzed home Improvement centers as a permitted use m mdustnal zOning dlstncts #28 Goal 13 - Energy Conservation. Goal 13 declares that "land and uses developed on the land shall be managed and controlled so as to maximize the conservatIOn of all forms of energy, based upon sound economic pnnclples " The amendments to Articles 2, 18 and 20 do not repeal, replace or VOId eXlstmg Metro Plan policy or Development Code regulatIOns With respect to energy conservatIOn No changes to supportmg ordmances or policy documents adopted to comply With Goal 13 are affected by these amendments #29 Goal 14 - UrbamzatlOn. This goal reqUires cIties to estimate future growth and needs for land and then plan and zone enough land to meet those needs The Spnngfield CommercJal Lands Study (February 2000) mdlcated that there IS a general shortage of commercial land for future development The Metro Area Industnal Lands Study (1992) mdlcated there IS surplus ofmdustnallands The proposed amendments do not functIOnally change the allowed uses wlthm commercial or mdustnal zOning dlStnCtS, but mstead define and proVide certamty about the appropnate locatIOn of home Improvement centers Wltbm Spnngfield's commercial and mdustnal zones #30 Goal 15- WIllameUe RIver Greenway. Goal IS sets forth procedures for admnustenng the 300 rrules of greenway that protects the WIllamette River The proposed amendments to Articles 2, 18 and 20 do not change the obligatIOn to comply With the City'S eXlstmg standards for development With respect to the Wlllamette River Greenway The Greenway prOVISIOnS allow development of permitted uses m the underlymg zone, proVided that all other Greenway reqUirements are satisfied The City'S adopted, acknowledged Greenway ordmance Will not be changed #31 Goals 16 through 19-Estuarme Resources, Coastal Shorelantis, Beaches and Dunes, and Ocean Resources There are no coastal, ocean, estuanne, or beach and dune resources Wltlun the City's JUTIsdlCtlOn These goals do not apply m Spnngfield ConclusIOn The proposed amendments to Articles 2, 18 and 20, based on the fmdmgs mcluded above, are consistent With Oregon's StateWide Plannmg Goals and Admmlstratlve Rules It IS the conclusIOn of staff that the proposed amendments comply With tlus cntenon Staff Report Proposed Amendments to Articles 2, J 8 and 20 February 6, 2007 11 V. ConclusIOn and Recommendation of Staff Date Received Planner MM 9./~/r) Based on the findmgs of staff with respect to the cntena defined m Article 8 for approvmg amendments to the SDC, staff fmd the proposed amendments to Articles 2, 18 and 20 to be consistent with these cntena and recommend approval of the amendment VI. Attachments Attachment 1 Summary of Proposed Changes to Articles 2, 18, and 20 m Legislative format Attachment 2 Planmng CommiSSIOn Order Staff Report Proposed Amendments to Articles 2, 18 and 20 February 6, 2007 12 From: MOORE Ed W [Ed W MOORE@odot state or us] , J'I Sent: Tuesday, February 06, 2007 5 18 PM Date P "oj _, ~ Of To: METZGER Mark Plannl:!r IVu..Jl ' Cc: HA VIG Enk M, NABET A Marguente (OR), LEE Jane S, SPAETH MIchael A Subject: ODOT IrutIal Comments on PAPA 016-006 Mark, ThIS e-maIl representsODOT.smltial comments of the aforementioned PAPA to amend the Spnngfie1d Development Code (SDC) Articles 2, 18 and 20 to allow home Improvement centres m the Commumty CommercIal (CC) and Major RetaIl Dlstnct (MRD), and the LIght-MedIUm lndustnal (LMl), Heavy IndustrIal (HI), and SpecIal Heavy IndustrIal (SHl) dlstncts Based on the facts as presented m your staff report dated February 6, 2007, ODOT does not belIeve that you have met the reqUIrements of the Transportation Planmng Rule, SectIOn 660 0120060 that relates to Plan and land Use Regulation Amendments More specIfically, n(l) Where an amendment to 0 an acknowledged 0 land use regulatIon would slgmficantly affect an eXlstmg or planned transportatIOn facIlity, the local government shall put m place measures 0 to assure that allowed land uses are consIstent WIth the IdentIfied o capacity, and performance standards (e.g. level of service, volume to capacIty ratIo, etc.) of the faCIlIty. A plan or land use regulatIon amendment slgmficantly affects a transportatIon faCIlIty If It would: (C) As measured at the end ofthe plannmg period IdentIfied ID the adopted transportatIon system plan: (B) Reduce the performance of an eXIstIng or planned transportatIon facilIty below the mimmum acceptable performance standard IdentIfied in the TSP or comprehensive plan; ..." As presented In your staff report, the basIS of your recommended reVISIOn to the SDC IS a past sIte plan approval (Jerry's Home Improvement Centre) and a formal Planmng CommIssIOn use InterpretatIOn of July 2006 It IS the opInIOn ofODOT that the CIty of Spnngfield has not met the reqUIrement of SectIOn 660 012 0060(1)(c)(B) In adequately documentIng WIth facts on the record that allOWIng a home Improvement centre In the LMI, HI, and SHI Dlstncts wIll not have a slgruficant Impact on the performance of the eXIstIng and planned transportatIOn system through the plannIng penod Our ImtIal conclUSIOn IS based on a revIew of the InstItute of TransportatIOn EngIneers (ITE) Tnp GeneratIon Handbook, 7th EdItIOn for home Improvement centres, lIght general Industnal, heavy general mdustnal, manufactunng and warehOUSIng uses For the record, ITE lIsts a home Improvement centre (LU#862) WIth other large retaIl/commercIal uses The lTE Tnp GeneratIOn Handbook shows that a home Delle Received .!:J~l~] Planner MM - Improvement centre can be expected to generate on average 20 93 tnps/1 ,000 square feet of gross floor area On the other hand ITE shows the followmg tnp generatIOn rates for these mdustnal uses General light mdustnal - 0 08 tnps/I ,000 square feet of gross floor area Heavy general mdustnal - 0 69 tnps/1 ,000 square feet of gross floor area Manufactunng - 0 65 tnps/I,OOO square feet of gross floor area Warehousmg - 0 60 tnps/I,OOO square feet of gross floor area As you can see from these tnp generatIOn rates, there IS a slgruficant difference between the tnp generatIOn rate for a home Improvement centre and other mdustnal uses What these tnp generatIOn rates also show IS that the sum of the parts, the different types of products sold at a home Improvement centre (I e lumber, electncal and plumbmg supplies, power tools, etc ) IS greater than each mdlvldual use located mdependently In conclusIOn, until such time as the City documents Wlth eVidence m the record through a more detailed traffic study of the City'S transportatIOn system that meets the reqUirement of the TPR, the proposed code amendment should be tabled I Wlll be followmg up tills e-mail Wlth a letter outlimng our concerns m greater detail Please enter thIs e-mail mto the record for the planmng comrmSSlOn and upcommg city council heanngs In the future we would like to work With you m lookmg at the SDC and deternumng how home Improvement centres might be accommodated m your code and be neutral from the stand pomt of traffic Impacts Respectfully, Ed Moore, AICP Sr RegIOn Planner Area 5, Dlstnct 5 644 North "A" Street Spnngfield, OR 97477 541 747 1354 (VOice) 541 726 2509 (Fax) ed w moore@odot state or us Date ReceIved. Planner MM :J.J if tq , Proposed Amendments to the Spnngfield Development Code Home Improvement Centers The proposed amendments to the Spnngfield Development Code mclude the additIOn of "Home Improvement Center" to ' . luilcle 2-DefimtlOns, . lutlcle l8-Commerclal Zomng Dlstncts, Categones of Uses Article 20-LMI HI and SHI Industnal DIStnCtS, Categones of Uses These additions are highlighted below and shown below m legislative format ARTICLE 18 COMMERCIAL ZONING DISTRICTS 18.020 SCHEDULE OF USE CATEGORIES The followmg uses are perrrl1tted m the districts as mdlcated subject to the proViSIOns, additional restrictIOns and exceptions set forth m tms Code "P'" = PERMITTED USE, subject to the standards oftlus Code, may be processed under Type I, II or III procedures (Please refer to Article 3 oftms Code) "S" = SPECIAL USE, subject to speclallocational and sltmg standards to be lI\et pnor to bemg deemed a permitted use, may be processed under Type I, II or III procedures (Please refer to Article 3 oftlus Code) "D" = DISCRETIONARY USE, mayor may not be penmtted, based upon the apphcatlOn of general cntena, may be subject to speclallocatlonal and siting standards to be met pnor to bemg deemed a pemutted use, processed under Type III procedures (Please refer to Articles 3 and 10 oftlus Code) - = NOT PERMITTED SITE PLAN REVIEW SHALL BE REQillRED unless specifically exempted elsewhere m t1us Code CATEGORIES / USES DISTRICTS NC CC MRC GO (1) Retail sales (SectIOn 18 110(7)) (a) Antiques P P P S Date Received "J J7 J 07 Planner MM ' I (b) Apparel p p p S (e) Art gaIlenes and museums p p p S (d) Art suppl1es p p p (e) AuctIOn / flea markets S S (f) Bakenes p p p (g) BIcycles p p P (h) Books P P P S (i) Cameras and photographIc suppl1es p p p S (j) Candles nuts and confectJonenes p p p S (k) Chma, glassware and metal ware p p P (I) CIgars and cIgarettes p p p p (m) Computers, calculators and other office maclunes p p S (n) Convemence stores p p p S (0) Dairy products p p p (p) Department stores p p p (q) Drapery, curtams and upholstery p p p (r) Dry goods and general merchandIse p p p (s) Electncal suppl1es p p P (t) EqUIpment rental and leasmg P p (u) Fabncs and accessones p p p (v) Farm equIpment p p (w) Feed, grain and hay P P (x) FIlm drop off and pIck up P P P Date Received '3h107 Planner MM ( (y) Fish P P P (z) Floor covenngs p p p (aa) Flonsts p p p S (bb) Fruits and vegetables p p p - (ce) Furniture p p P (dd) Furners p p p (ee) Grocenes p p P (ft) Hardware p p p (gg) Hobby supplies p p p S .....',. ~.," -- ":::i(t~o::"~~lo~"S'/4U"Pr"-~"""~ ~ r -. ~ (hht~, HomcHmorovemef1t'Center ;: r - (il) Household appliances p p p <'IJ) Jewelry p p p S (kk) LiqUidation outlets p P P (II) Liquor outlets (State) p p p (mm) Luggage and leather p p p S (nn) Magazmes and newspapers p p p p (00) Mall order houses p p p (Pp) Meats p p p (qq) Medical and dental supplies p p p S (rr) MUSical mstruments and supplies p p p S (ss) N oveJtles and gifts p P P S (tt) Office eqUipment p p p S (uu) Pamt, glass and wallpaper p p p Date Received ~ /7/07 Planner MM (~) PharmacIes p p p S (ww) Pottery p p p S (n) RadIOS, televlSlons and stereos p p p (yy) Second hand and pawn shops S S S (zz) Sewmg machmes p p P (aaa) Shoes P P P (bbb) Small electncal apphances P P P (ccc) Sportmg goods P P P S (ddd) StatIOnary P P P (eee) Supennarkets P P P (fff) Toys P P P S (ggg) TransIent merchants S S S (hhh) Weapons dealers P P P ARTICLE 20 LMI, HI AND SRI INDUSTRIAL ZONING DISTRICTS 20020 SCHEDULE OF USE CATEGORIES. The followmg uses are permItted m the dlstncts as mdlcated subject to the proVlslOns, addItIOnal restnctlOns and exceptIOns set forth m tlus Code Uses snmlar to those speCIfically lIsted may be penmtted at the dIscretIon of the DIrector m accordance WIth ArtIcle 4, InterpretatIOn "P" = PERMITTED USE, subject to the standards oftlus Code, may be processed under Type I, II or III procedures (Please refer to ArtIcle 3 oftlus Code) . Date Received Planner MM "S" = SPECIAL USE, subject to speclallocatlOnal and sIting standards to be met pnor to being deemed a penmtted use, may be processed under Type I, II or III procedures (please refer to Article 3 oftlus Code) 2,(/:4xt "D" = DISCRETIONARY USE, mayor may not be permItted, based upon the applIcation of general cntena, may be subject to speclallocatlOnal and sIting standards to be met pnor to being deemed a permItted use, processed under Type III procedures (Please refer to Articles 3 and 10 oftlus Code) - = NOT PERMITTED SITE PLAN REVIEW SHALL BE REQUIRED unless specifically exempted elsewhere In tlus Code USE CATEGORIES / USES DISTRICTS LMI RI SRI (9) Warehouse commerCIal, wholesale trade, storage and dlstnbutlOn (20 100) ( l!)i(!i'r-'''HclIne;Imorovemeh1''Cci10 r E i! - (b) RegIOnal dlstnbutlOn headquarters, including Indoor P P S storage (c) Warehouse / commercIal uses engaged pnmanly In the wholesaling ofmatenals to the constructIOn S S S Industry (d) Wholesale trade, warehousing, dlstnbutlOn and P P S storage (to Include minI-storage) (e) Uses lIsted under (18 020(13) oftlus Code, P P S excluding (m) ARTICLE 2 DEFINITIONS 2.020 MEANING OF SPECIFIC WORDS AND TERMS. . Date ReceIved Planner MM HOME IMPROVEMENT CENTER. A facIlItv of more than 30 000 square feet grOSS floor area, enQ'aQ'ed m the wholesale and retall sale ofvanous baslc hardware lInes. such as tools bUilders' hardware. olumbmQ' and electncal suoohes. lumber. oamt and Q'lass. housewares and household a1)ohances and l!arden suoolIes These mclude stores sellIng to the Q'eneral oublIc even If contractor sales account for a maJOr orooortJOn of total sales, Inventorv. and oartJcular lumber. IS stored m an enclosed, covered are as oooosed to a lumber vard which has onmanlv outside storal!e ~/7Ig7