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