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HomeMy WebLinkAboutNotice PLANNER 1/18/2008 , o ~-P .- .- , ' AFFIDAVIT OF SERVICE STATE OF OREGON } }ss. County of Lane }r I, Brenda Jones, being first duly sworn, do hereby depose and say as follows: 1, ,I state that I, am a Secretary for the Planning Division of the Development Services Department, City of Springfield, Oregon. 2. I state that in my capacity as Secretary, I prepared and caused to be ", mailed copies of Copies of AIS for Marcola Meadows Appeal's to the City of Springfield City Council, mailed to the seven (7) appellants (See attachment "A") on January'18, 2008 addressed to (see Attachment "B"), by causing said letters to be placed in a U.S. mail box with postage fully prepaid thereon. , RECEIVED JAN 1 82008 j1'w Brenda Jones / Planning Secretary U By: ~~ STATE OF OREGON, County of Lane 1r1fU~ 1<6 ,2008 Personally appeared the above named Brenda Jones, , ~cretary,(\JIho acknowledged the foregoing instrument to be tl:leir voluntary act. Before me: ~"">',,' ~ OFFICIAL SEAL OEYETTE KELLY NOTARY PUBLIC, OREGON' COMMISSION NO. 420351 ' MY COMMISSION EXPIRES AUG. 15, 2011 )Y'f'b .l0fJj,j . . J My Commission Expires: ~/ V;;; 1/.1 I " / ./ ACTION REQUESTED: Meeti.... ..late: January28, 2008 Meeting Type: Regular Session Department: Development Services ' StafIContact: GaryM"Karp ,~t(,; S P R I N G FIE L D StafIPhone No: 726-3777 ~ C IT Y C 0 U N C I L Estimated Time: 60 minutes ITEM TITLE;'." . 'APPEAL OF THE PLANNING COMISSION'S APPROVAL OF THE MARCO LA MEADOWS MASTER PLAN APPLICATION, ' 1) The City Council is requested to address some procedural issues. 2) Then, either a) uphold the December 20th Planning Commission approval of the Marcola Meadows Master Plan application as conditioned, or 0) approve the application with modified conditions of approval, or c) if the Council finds it cannot affirm the Planning Commission's decision, or otherwise approve it with modified conditions, then deny the application, ' Seven persons, including the property owner (SC Springfield LLC) and 6 individuals, have appealed the December 20th Planning Commission's approval of the Marcola Meadows Master Plan, As , permitted by the Springfield Development Code (SDC), and for ease of review, staff has combined all appeals into one staff report, '. ATTACHMENTS: Attachment 1: Staff Report: Appeal of the Planning Commission's Decision Attachment 2: Master Plan Conditions of Approval Attachment 3: Letter to Applicant's Attomey Jim Spickerman from City Attorney Dated January 8, 2008 Attachment 4: Planning Commission Minutes, December 20, 2007 Attachment 5: Draft Planning Commission Minutes, December 11, 2007 Attachment 6: Transportation Graphics Attachment 7: Oreqon Revised Statutes (ORS) 197,763 ISSUE STATEMENT: AGENDA ITEM SUMMARY DISCUSSION: On June 18, 2007 the City Council by a vote of 4-2 approved Metro Plan diagram and Zoning Map amendments to allow a mixed use commercial/residential development on the former 'Pierce' property on Marcola Road, An approval condition of these applications was the submittal of a Master Plan application to guide the phased development of the property over the next 7 years, The Master Plan application was submitted on September 28, 2007. The Planning Commission conducted public hearings on this application on November 20,2007; December 11,2007; and December 20,2007, At the conclusion of the December 20'. hearing, the Planning Commission voted 7-{J to approve the Master Plan; this action included 53 conditions of approval. On January 4, 2008 seven separate appeals of this decision were submitted to the Development Services Department; six of these appeals are'from 6 individuals and one is from the applicant of the Master Plan, SC Springfield LLC. . ' The attached staff report divides the issues raised in these appeals into the following general categories: 1) procedural challenges: and 2) challenges to findings and conditions of approval. Issues raised by the 6 individuals fall largely into this first category and include notice, participation at hearings, etc., but do not raise objections to any of the 53 conditions of approval. Issues raised by the applicant/appellant include: adequacy of findings demonstrating proportionality, imposition of conditions not justified by the criteria of approval, and delegation of decision-making authority to the City Engineer, but raise no challenges to procedure, Of the numerous issueS raised in these appeals the most significant, if upheld by the Council, is Condition #27 which requires the Master Plan to depict an access lane adjoining the residential properties along the south side of Marcola Road and a roundabout at the intersection at Martin Drive and Marcola Road, Attendant to this requirement is the dedication of sufficient land to accommodate the access lane and roundabout scheduled to occur during the Master Plan's Phase 1 development The construction of the access lane. would occur within existing right-of-way, but to maintain the existing cross-section of Marcola Road, the portion of Marcola Road abutting the developme~t site would need to shift north onto this property, This shift would occur just west of the intersection of 28'. and Marcola and would transition back into the existing alignment just west of the new roundabout at Martin Drive. The staffs recommendation of this condition was supported by the Planning Commission and is based on: 1) the authority granted by the Springfield Development Code to require such improvements; 2) the proposed development is the only reason improvement to Marcola Road is necessary; 3) the applicant offered no reasonal;lly workable solution to the traffic and safety conflicts along Marcola Road created by the proposed development; 4) access at any point along the development site's frontage with Marcola Road creates traffic safety conflicts with the residential property along the paralleling south frontage of Marcola Road; and 5) the only successful mitigation of the im'pacts to these nearby properties, whether by using a roundabout or a traditional intersection design, is the inclusion of the access lane. Without all these improvements staff cannot support the Master Plan as, submitted by SC Springfield LLC, and the Planning Commission unanimously concurred with this conclusion after evaluating the facts. ' ..~ If' . - ,',',. -...........".. ~~-~~ .....-.-.-..':'.... ,....---,.-- -,-- ,- .~, i , CITY OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT 225 5th ST SPRINGFIELD, OR 97477 :,,, I,' "" "., I ""_0,.".." '.. -,...- _........__..~ Rick Satre Satre-Associates 132 East Broadway, Suite 536 Eugene,~ Oregon 97401 ~ .'.1 J j I 1 ,._--1 (': - -.,' " ~ ZOf-.J90o 1(-1~ :;r AFFIDAVIT OF SERVICE STATE OF OREGON } }ss. , County of Lane } I, Brenda Jones, being first duly sworn, do hereby depose and say as follows: 1. I state that I am a Secretary for the Planning Division of the Development Services Department, City of Springfield, Oregon. 2. I state that in my capacity as Secretary, I prepared and caused to be mailed copies of Copies of AIS for Marcola Meadows Appeal's to the . 'City of Springfield City Council, mailed to the seven (7) appeliants (See attachment "A") on January 18,2008 addressed to (see Attachment "B"), by causing said letters to be placed in a U.S. mail box with postage fully prepaid thereon, ~ilJv . . Planning Secretary RECEIVED By: JAN 182008 (!J(v~ ~ ~ A-L5 1<> CL-- ,~ STATE OF OREGON, County of Lane 1tlJ11uau; If, 2008 Personally appeared the above named Brenda Jones, ~cretary6Vho acknowledged the foregoing instrument to be tl;1eir voluntary act. Before me: OFFICIAL SEAL DEVETTE KELLY NOTARY PUBLIC. OREGON' COMMISSION NO. 420351' ' MY COMMISSION EXPIRES AUG. 15. 2011 ~,~jJt/ . '0 0 My Commission Expires: ~J /, , ,,/ .ng Date: January ,28, 2008 Meeting Type: Regular Session Department:' Development Services Staff Contact: Gary M, Karp C; t(, , S P R I N G FIE L D Staff Phone No: 726-3777 ~ C I T Y C 0 U N C I L Estimated Time: 60 minutes ITEM TITLE: APPEAL OF THE PLANNING COMISSION'S APPROVAL OF THE MARCO LA MEADOWS MASTER PLAN APPLICATION, 1) T~eCity Council is requested to address some procedural issues. 2) Then, either a) uphold the , December 20th Planning Commission approval of the Marcela Meadows Master Plan application as conditioned, or b) approve the application with modified conditions of approval, or c) if the Council finds it cannot affirm the Planning Commission's decision, or otherwise approve it with modified conditions, then deny the apPlication, ,0 Seven persons, including the property owner (SC Springfield LLC) and 6 individuals, have appealed the December 20th Planning Commission's approval of the Marcola Meadows Master Plan, As permitted by the Springfield Development Code (SDC), and for ease of review, staff has combined all appeals into one staff report, ATTACHMENTS: Attac'hment 1: Staff Report: Appeal of the Planning Commission's Decision Attachment 2: Master Plan Conditions of Approval Attachment 3: Letter to Applicant's Attorney Jim Spickerman from City Attorney Dated January 8, 2008 Attachment 4: Planning Commission Minutes, December20, 2007 Attachment 5: Draft Planning Commission Minutes, December 11, 2007 Attachment 6: Transportation Graphics ' Attachment 7: Oreqon Revised Statutes (ORS) 197,763 ACTION REQUESTED: AGENDA ITEM SUlulARY . ISSUE STATEMENT: DISCUSSION: On June 18, 2007 the City Council by a vote of 4-2 approved Metro Plan diagram and Zoning Map amendments to allow a mixed use commercial/residential development on the former "Pierce" property on Marcola Road. An approval condition of these applications was the submittal of a Master Plan application to guide the phased development of the property over the next 7 years. The Master Plan application was submitted on September 28, 2007. The Planning Commission conducted, public hearings on this application on November 20, 2007; December 11, 2007; and December 20, 2007. At the conclusion of the December 20th hearing, the Planning Commission voted 7-0 to approve the Master Plan; this action included 53 conditions of approval. On January 4, 2008 seven separate appeals of this decision were submitted to the Development Services Department; six of these appeals are from 6 individuals and one is from the applicant of the Master Plan, SC Springfield LLC. ' The attached staff report divides the issues raised in these appeals into the following general categories: 1) procedural challenges; and 2) challenges to findings and conditions of approval. Issues raised by the 6 individuals fall largely into this first category and include notice, participation at hearings, etc, , but do not raise objections to any of the 53 conditions of approval. Issues raised by the applicant/appellant include: adequacy of findings demonstrating proportionality, imposition , of conditions not justified by the criteria of approval, and delegation of decision-making authority to the City Engineer, but raise no challenges to procedure. Of the numerous issues raised in these appeals the most significant, if upheld by the Council, is Condition #27 which requires the Master Plan to depict an access lane adjoining the residential properties along the south side of Marcola Road and a roundabout at the intersection at Martin Drive and Marcola Road. Attendant to this requirement is the dedication of 'sufficient land to accommodate the ,access lane and roundabout scheduled to occur during the Master Plan's Phase 1 development. The construction of the access lane. would occur within existing right-of-way, but to maintain the existing cross-section of Marcola Road, the portion of Marcola Road abutting the development site would need to shift north onto this property. This shift' would occur just west of the intersection of 28th and Marcola 'and would transition back into the existing alignment just west of the new roundabout at Martin Drive, The staff's recommendation of this condition was supported by the Planning Commission and is based on: 1) the authority granted by the Springfield Development Code to require such improvements; 2) the proposed development is the only reason improvement to Marcola Road is necessary; 3) the applicant offered no reasonably workable solution to the traffic and safety conflicts along Marcola Road creaied by the proposed development; 4) access at any point along the development site's frontage with Marcola Road creates traffic safety conflicts with the residential property along the paralleling south frontage of Marcola Road; and 5) the only successful mitigation of the impacts to these nearby properties, whether by using a roundabout or a traditional intersection design, is the inclusion of the access lane. Without all these improvements staff cannot support the Master Plan as submitted, by SC Springfield LLC, and the Planning Commission unanimously concurred with this conclusion after evaluating the facts. .0_,,",0' ,_... ,," ~,...,' _ I..,~~_._ ...1, j CITY OF SPRINGFIELD DEVELOPMENT SE'RVICES DEPARTMENT 225 5th ST SPRINGFIELD, OR 97477 ".. " . SC Springfield, LLC 7510 Longley Lane, Suite 102 Reno, Nevada 89511 ,- , __J Blank . Page 1 of 1 KARP Gary From: JONES Brenda Friday, January '18,200812:15 PM ' BOWLSBY David; CASTILE Robert; DIXON Guy: DONOVAN James: GALE Kitti; GRAHAM Steve; GRILE Bill; , HOPKINS Steve: HOPPER Lisa: JONES Terry (Tara); KARP Gary; KEHM Rebekkah: KELLY Deyette: KO Kevin: LAFLEUR Karen; L1MBIRD Andrew; LITTLE De; MACHADO Nancy; MARKARIAN Molly; MARX Sandra; METZGER Mark; MILLER Liz: MOORE Donald; MOTT Cynthia; MOTT Gregory; MURDOCH Jacqueline; OLSEN Penny: PAULY Linda: PETERSON Jodi: PUENT David; REESOR David: RICHARDSON Bryan; SEBAN Sophia: WATSON Roberta Cc: Joe Leahy: Lorelei Kyllonen; WILSON Leslie; WILSON Julie; SOWA Amy Subject: Satre Associate New Address Sent: To: ~ceivetf natice tfiat as af 0 1/28/08 Satre muf )'Lssaciates lias a new dtfress. Satre e1,)'Lssaciates, P. C. 202 'East (}3roadway, Suite 480 'Eugene, Oregan 97401 J{appy 'FrUfay, (}3renda (}3renda Janes Pfanning Secretary 225 'Fiftli Street SprinBfieU, Oregan 97477 541-726-3610 'F)'LX 541-726-3689 iijonfY@ci 5pringfieUf.oJ'.US If yau wau(tf Ei~ to. see wfiat:S- new at tlie City of SprinBfieU, go. ta:www.ci.springfieUf.ar.us RECEiVED, JAN 1 8Z008 By:..Jy~ - ".~ 1/22/2008 Blank ,; Page 1 ofl KARP Gary From: JONES Brenda Sent: Friday, January 18, 2008 9:25AM To: Richard Satre ' Cc: , LEAHY Joe (HL); MOTTGregory: GRILE Bill; KARP Gary Subject: AIS for' Marcola Meadows Attachments: cover sheet - marcola meadows - ais,pdf: attachment 1 " marcola meadows - ais,pdf; attachment 2 - marcola meadows - ais,pdf; attachment 3 - marcola meadows - ais,pdf; attachment 4 - marcolameadows- ais,pdf: attachment 5 - marcola meadows - ais,pdf: attachment 6 - marcola meadows - ais,pdf; attachment 7 - marcola meadows - ais:pdf Good Morning Rick, Per our phone conversation, I am e" mailing you the AIS with attachments regarding the Appeal of the Planning Commission's Approval of the Marcola Meadows Master Plan. Also, Per your request I am placing a hard copy of the staff report in the mail today. You should receive this by Tuesday January 22; 2008. The AIS has also been placed on the Cities WEB site on Planning's front page. Please do not hesitate to contact me at the listed numbers below if you have any questions or concerns. Brenda (]3renda Jones (P(anning Secretary 225 'Fifth Street Springfieu, Oregon 97477 541-726-3610 'F}lX 541-726-3689 6jones@cispringfiefriorlls If you wouU li/ig to see what's ~ at the City of Springfieu, go to: www.d.SprinofieUi.or.us RECEIVED. ' JAN 1 82008 By:~~PC~ ~ 1/22/2008