HomeMy WebLinkAboutOrdinance 6228 10/06/2008
ORDINANCE NO. 6228
(General) .
AN ORDINANCE AMENDING SECTION 3.2-610 OF THE SPRINGFIELD
DEVELOPMENT CODE TO ADD "BOWLING ALLEYS" TO THE LIST OF
PERMITTED USES WITHIN THE MIXED-USE COMMERCIAL ZONING
DISTRICT.
Whereas, the Springfield Development Code (SDC) was adopted in May 1986 and
revised in September 2007, to ensure that development within the planning jurisdiction of
the City of Springfield is of a proper type, design, and location; and
Whereas, SDC Section 3.2-600 describes the allowed land uses, policies and
development standards that apply to mixed-use development; and
Whereas, SDC Section 5.6-105 allows a citizen to initiate an amendment of the
Springfield Development Code; and
Whereas, a citizen on June 4, 2008, initiated an amendment to SDC Section 3.2-610-
Schedule of Use Categories, to add "bowling alleys" to the list of Permitted Uses in the
Mixed Use Commercial zoning district; and
Whereas, SDC Sections 5.6-110 and 5.1-140 set forth the procedures for making
amendments to the Development Code and those procedures were followed; and
Whereas, the Springfield Planning Commission unanimously recommended the
proposed text amendment to SDC Section 3.2-610 be approved by the Springfield City
Council by action taken after a public hearing held on September 3, 2008; and
Whereas, the Springfield City Council conducted a public hearing on September 15,
2008 and having considered the matter in regular session on that date, is now ready to
take action on the proposed text amendment to the Springfield Development Code based
upon the above recommendation and the evidence and testimony already in the record as
well as the evidence and testimony presented at the public hearing before the Council.
NOW THEREFORE, THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS:
Section 1. The Springfield Development Code Section 3.2-61O-Schedule of Use
Categories, is amended to show "Bowling Alleys" as a Permitted Use in the Mixed-Use
Commercial zoning district as set forth in Exhibit A, attached hereto and incorporated
herein.
Section 2. Ifany section, subsection, sentence, clause, phrase or portion of this ordinance
is for any reason held invalid or unconstitutional by a court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portions hereof.
Section 3. This ordinance shall take effect 30 days after the date action is taken by the
Common Council of the City of Springfield to approve this amendment.
Section 4. The Springfield City Council adopts the findings set forth in the Staff Report
which demonstrates conformance of this amendment to the Metro Plan, applicable State
statutes and applicable State-wide Planning Goals and Administrative Rules, and is
attached as Exhibit B.
ADOPTED by the Common Council of the City of Springfield this ~ day of
October ,2008 by a vote of ~for and ~ against. (2 Absent)
APPROVED by the Mayor of the City of Springfield this 6 th day of Oc tober
2008.
ATTEST:
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ORDINANCE NO. 6228
EXHIBIT A - P1
Proposed Text Amendment of the Springfield Development Code
(Legislative Version)
Section 3.2-610
Cate ories/Uses
Arcades P P N
Art Studios, Performin P P N
Auditoriums N P N
Bin 0 arlors N P N
Bow/in aile :s NP P N
Dance halls N P N
Exercise studio P P P
G ms and athletic clubs P P P
Hot tub establishments P P P
Miniature auto race track P N P
.' Movie theatres P P N
Non-alcoholic ni ht club P P N
Off-track betting P P N
Parks, rivate and ublic P P P
Pia round P P P
Pia Itot lot P P P
Pool halls P P H
Recreation center P P N
Skating rinks N P N
Tennis, rac uetball and handball courts P P P
Theatre, Ie itimate live sta e P P N
N= Not Permitted
P=Permitted
ATTACHMENT 1 - 3
EXHIBIT B - P1
Proposed Text Amendment to the Springfield Development Code
Case No. LRP2008-00010
September 15, 2008
Applicant: Journal No.
S. R. Yeti LRP2008-00010
975 Oak Street Suite 700
Eugene, OR 97401
541-485-5151
Request: ProcedureType:
To make a text amendment to the Springfield Development Type N -- Legislative
Code, Section 3.2-610 "Schedule of Categories" adding
"Bowling Alleys" to the list of permitted recreational uses
within the Mixed-Use Commercial zoning district. Bowling
alleys are not currently a permitted use.
Attachments:
Proposed Change to SDC Section 3.2-610 in legislative format. (Attachment 1-3)
Articles describing the changing market for bowling alleys (Attachment 1-14 to 1-19)
I. Executive Summary
An amendment has been proposed to add "Bowling Alleys" to the list of permitted uses
in the Mixed Use Commercial zoning district. Bowling alleys are not currently allowed
in the Mixed-Use Commercial zoning district. The amendment would allow bowling as
an activity but would not change the pedestrian-oriented, transit supportive design
standards that apply to development in the Mixed-Use Commercial zoning district.
These design standards are important to achieving attractive commercial developments in
mixed-use areas. The standards are also a key to implementing ''nodal development,"
one of the TransPlan strategies for reducing Springfield's reliance on the automobile.
The applicant describes a changing market for bowling facilities. There is less
dependence on old institutions like bowling leagues to support the Use. Instead, the
applicant sees future bowling establishments as being more upscale, catering to
occasional users like families and adults who enjoy bowling as a recreational activity that
brings friends and families together.
To reach this new market, these new upscale bowling establishments have replaced snack
bars with full service restaurants. The seedy arcades and pool tables that are identified
with old-style bowling alleys have also been upgraded to create a family entertainment
experience for patrons before 8 pm and a late evening club experience for adults seeking
an active night life. Attachment 2 is compilation of selected news articles describing the
new trend in bowling establishments.
ATTACHMENT 1 - 4
EXHIBIT B - P2
Staff findings based on the criteria for approving amendments to the Springfield
Development Code found in SDC Section 5.6-115 are sufficient to support of City
Council decision to approve the amendment.
BACKGROUND
Section 3.2 600---Mixed-Use Zoning Districts was drafted in 2002. The "Schedule of
Use Categories" developed by an advisory committee composed of citizens, business
owners and members of the Planning Commission, that evaluated more than 200 uses for
inclusion in the Mixed-Use Zoning District. There remains no specific record of the
rationale for not permitting bowling alleys in 'the Mixed-Use Commercial zone. Other
, recreational uses in the Mixed Use Commercial district such as gyms and athletic clubs,
recreation centers, and miniature golf were permitted in the zone. The other uses
mentioned as part of these new upscale bowling complexes are already permitted in the
Mixed-Use Commercial district, including arcades, pool halls, and restaurants.
At the time the advisory committee was considering the land uses that would be allowed
in the Mixed-Use Commercial district, experience with how to structure "mixed-use"
zoning and "nodal development" was limited. Over the past six years, observation of
other communities as well as our own experience has broadened. The emphasis on
achieving attractive commercial development that is pedestrian-friendly and transit
supportive is seen as more importantthan regulating publicly accepted recreational
activities. Other recreational uses are allowed in the Mixed-Use Commercial district as
can be seen in Attachment 1, the legislative version of the proposed amendment.
Springfield has a single bowling alley, located at 9th and Main Street. Three additional
lanes are located in Eugene. These establishments have been in business at the same
locations since before 1970.
IMPACT ON FACILITIES AND SERVICES
The impact of a bowling alley use on public facilities such as water, and sanitary sewer is
consistent with other uses allowed in the Mixed-Use Commercial zone. The International
Transportation Engineers (ITE) Trip Generation Manual estimates that bowling alleys
generate about 85 trips during the PM peak hour between 4pm-6pm on adjacent streets.,
By comparison, trip generation for an athletic club would be 184 trips and a sit down
restaurant is estimated to be 414 trips during the same PM peak hours. As mentioned
above, sit down restaurants and athletic clubs are allowed in the Mixed-Use Commercial
zone. Bowling alleys typically generate traffic during off-hours after rush hour traffic has
abated.
This amendment is a citizen initiated amendment. The amendment, if approved, would
apply to all properties in the Mixed-Use Commercial zone and not just to the properties
owned by the applicant. .
ATTACHMENT 1 - 5
EXHIBIT B - P3
Based on the findings of staff with respect to the criteria defined in 5.6-115 for
approving amendments to the SDC, staff finds the proposed amendments to SDC
Section 3.2-610 to be consistent with these criteria and recommend approval of the
proposed amendments.
ll. Procedural Requirements
Procedural requirements for amending the Springfield Development Code (SDC)are
described in Sections 5.6-100 and 5.1-140 of the SDC.
SDC Section 5.6-105 indicates that the Planning Director, Planning Commission, City
Councilor a resident of the City can initiate amendments to the SDC. Such amendments
of are reviewed under a "Type N" procedure (Section 5.6-110) and require public
hearings before the Planning Commission and the City Council. Type N procedures are
detailed in Section 5.1-140 of the SDC. The proposed revision to SDC Section 3.2-610
was initiated by citizen request.
SDC Section 5.2-110 (B) requires that legislative land use decisions be advertised in a
newspaper of general circulation;,providing information about the legislative action and
the time, place and location of the hearing.
Findings:
#1. The applicant, S. R. Yett initiated the proposed these amendment to Section
3.2-610. The amendment is not site-specific and falls under the definition of a
legislative action.
#2. A "DLCD Notice Proposed Amendment" was mailed to the Department of
Land Conservation and Development on June 9, 2008, alerting the agency to
the City's intent to amend SDC Section 3.2-610. The notice was mailed more
than 45 days in advance of the first evidentiary hearing as required by ORS
197.610. No comment has been received from the Department concerning the
amendments.
#3. Notice of the public hearing concerning this matter was published on
Thursday, August 7, 2008 in the Eugene Register Guard, advertising the
hearing before the Springfield Planning Commission on September 2, 2008,
and the Springfield City Council on September 15,2008. The content of the
notice followed the direction given in Section 5.2-115 of the SDC for
legislative actions.
#4. ORS 197.047(4) requires the local government to mail a notice to every
landowner whose property would be "rezoned" as a result of an amendment to
planning policies that would limit or prohibit land uses previously allowed in
the affected zone.
ATTACHMENT 1 - 6
EXHIBIT B - P4
#5. The proposed amendment to the Springfield Development Code adds bowling
alleys to'the list of permitted uses and does not introduce any new limitation on
the uses already allowed in the Mixed-Use Commercial zoning district
Mailed notice to landowners is therefore not required under the provisions of
ORS 197.047(4). .
Conclusion:
Procedural requirements described in Sections 5.6-100 and 5.1-140 of the SDC have been
followed. Notice requirements established by DLCD and the Oregon Revised Statutes
for amending the Development Code have also been followed.
ill. Decisio~ Criteria'and Findings
SDC Section 5.6-115 describes the criteria to be used in approving an amendment to the
SDC. It states that in reaching a decision, the Planning Commission and the City Council
must adopt findings which demonstrate conformance with "1) the Metro Plan; 2)
applicable State statutes; and to 3) applicable State-wide Planning Goals and
Administrative Rules. " '
Criterion #1 "Conformance with the Metro Plan"
Findings
#6. The Mixed-Use Commercial zoning district implements the "Mixed-uses,"
"Community Commercial Center" and Nodal Development Area" designations
in the Metro Plan. Amendments to the Mixed-Use Commercial zoning district
should be consistent with the Metro Plan designations that the zoning district
implements.
#7. The Eugene-Springfield Metropolitan Area General Plan (Metro Plan) is the
guiding comprehensive land use planning policy document for the City of
Springfield. The "Land Use Designations" section of the Metro Plan describes
uses that are intended for Community Commercial Centers (page TI-G-4).
Among the broad categories listed are "private recreational facilities."
Bowling alleys are generally recognized as recreational facilities.
#8. The Mixed Uses and Nodal Development Area designation descriptions found
in the "Land Use Designations section of the Metro Plan do not contain
prohibitions that would affect the p~oposed SDC amendment.
#9. The Nodal Development Area description (page TI-G-8) places an emphasis on a
mixed-use pedestrian-friendly land use pattern that includes a diverse mix of
compatible uses. In the list of "Fundamental characteristics of nodal
development," the focus in on pedestrian-friendly, transit supportive design.
ATTACHMENT 1 - 7
EXHIBIT B- P5
# 10. If approved, the pedestrian-oriented, transit supportive design standards that
apply to development within the Mixed-Use Commercial zone, will apply to
all bowling alleys built in the zone.
# 11. TransPlan is a functional plan of the Metro Plan that provides more detailed
planning policy statement as it applies to transportation planning. As
mentioned above Nodal Development Area is a Metro Plan designation.
TransPlan further describes the intent of nodal development and contains
policies governing nodal development.
#12. "The Land Use Policies" section of TransPlan (Chapter 2, Pages 13-18) lists
the policies in TransPlan that are intended to implement Nodal Development.
None of the five policies listed include direct or indirect provisions that would
preclude bowling alleys from being allowed uses within nodal development
areas.
Conclusion
The findings show that the proposed addition of "Bowling Alleys" to the list of permitted
recreational uses found in SDC Section 3.2-610, is consistent with commercial uses as
described in the Metro Plan. The other Metro Plan designations that are implemented by
the Mixed.Use Commercial zoning district, Mixed- uses and Nodal Development Area,
support intending a diverse mix of compatible uses with a focus on pedestrian-oriented,
transit supportive development design. No prohibitions against recreational uses or
bowling alleys are found in these designations.
Based on the findings shown above, staff concludes the proposed amendment to SDC
Section 3.2-610 is consistent with the applicable portions of the Metro Plan.
Criterion #2 "Conformance with Applicable State Statutes"
Finding
#13. A text search of the Oregon Revised Statutes yielded one planning-related
reference to bowling alleys; 197.432 (10)(b)(B) states that bowling alleys are
not allowed within a "speedway theme parks." "Recreational uses" are
mentioned in ORS 197.432 for the siting of speedways and in 197.435 for the
siting of destination resorts.
Conclusion
The Oregon Revised Statutes appear to be silent on the specifics of adding bowling alleys
or recreational uses to mixed-use or commercial zoning. For lack of a prohibition against
it, bowling alleys and recreational uses are presumed to be allowable land uses.
ATTACHMENT 1 - 8
EXHIBIT B - P6
Based on the findings included above, the proposed amendment to SDC Section 3.2-610
does not conflict with any applicable state statutes. It is the conclusion of staff that the
proposed amendments comply with this criterion.
Criterion #3 "Applicable State-wide Planning Goals and Administrative Rules"
Compliance with Oregon Administrative Rules
Findings
#14. A text search of the applicable Oregon Administrative Rules shows that
bowling alleys "are only mentioned in the context of an Oregon DEQ
exemption of bowling alleys from noise regulations (OAR 340-035-0035
(5)(f)).
# 15. Mixed Use Commercial zoning is an important to implementation of nodal
development, Springfield's adopted strategy for reducing the average vehicle
miles traveled each day by residents. Any change to the Springfield
Development Code that significantly degrades the intended function of nodes
would not be consistent with OAR 660-12-0660(6)(b).
#16. The International Transportation Engineers (ITE) Trip Generation Manual
estimates that bowling alleys generate about 85 trips during the PM peak hour
between 4pm-6pm on adjacent streets. By comparison, trip generation for an
athletic club would be 184 trips and a sit down restaurant is estimated to be
414 trips during the same PM peak hours. Both sit down restaurants and
athletic clubs are allowed in the Mixed-Use Commercial zone. It would appear
that bowling alleys would have an impact on trip generation that is out of
character with other allowed nodal uses.
Compliance with Statewide Planning Goals
Goall - Citizen Involvement Goa!l calls for "the opportunity for citizens to be
involved in all phases of the planning process."
#17. The proposed amendments to SDC Section 3.2-610 the subject oflegislative
public hearings advertised in the Eugene Register Guard on Thursday ~ August
7,2008. The Planning Commission scheduled a public hearing for September
2, 2008. The City Council is scheduled to hold a public hearing on September
15,2008.
Goal 2 - Land Use Planning. Goal 2 outlines the basic procedures of Oregon's
statewide planning program. It says that land use decisions are to be made in
accordance with a comprehensive plan, and that suitable "implementation ordinances"
to put the plan's policies into effect must be adopted.
ATTACHMENT 1 - 9
EXHIBIT B - P7
#18. The Eugene-Springfield Metropolitan Area General Plan (Metro Plan) is the
acknowledged comprehensive plan that guides land use planning in Springfield.
Various adopted refinement plans and specific area plans provide more
detailed direction for planning under the umbrella of the Metro Plan.
#19. The SDC implements the policies and direction of the Metro Plan. The
proposed amendments to SDC Section 3.2-610 will modify the list of
permitted recreational uses allowed within the Mixed-Use Commercial zoning
diStrict.
#20. The proposed change to SDC Section 3.2-610 is consistent with the Metro Plan
and the nodal development provisions of TransPlan (See findings #4-#10)
Goal 3 - Agricultural Land. Goal 3 defines "agricultural lands. " It then requires
counties to inventory such lands and to "preserve and maintain" them through farm
zomng.
#21. This goal does not apply within adopted, acknowledged urban growth
boundaries. The City of Springfield does not have any agricultural zoning
districts. These amendments do not apply outside the urban growth boundary
and, because of limitations on commercial and industrial development without
full urban services, generally do not apply outside the city limits. All land in
the City's urban transition area carries City zoning. An exception to this goal
. was taken in 1982 when the comprehensive plan was acknowledged.
Goal" - Forest Land. This goal defines forest lands and requires counties to
inventory them and adopt policies and ordinances that will "conserve forest lands for
forest uses."
#22. This goal does not apply within adopted, acknowledged urban growth
boundaries. The City of Springfield does not have any forest zoning districts.
These amendments do not apply outside the urban growth boundary and,
because of limitations on commercial and industrial development without full
urban services, generally do not apply outside the city limits. Alllan4 in the
City's urban transition area carries City zoning. An exception to this goal was
taken in 1982 when the comprehensive plan was acknowledged.
Goal 5 - Open Spaces, Scenic 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 inventoried and evaluated.
#23. The amendment to SDC Section 3.2-610 does not repeal, replace or void
existing Metro Plan policy or Development Code regulations with respect to
any identified natural resources. No changes to supporting ordinances or
policy documents adopted to comply with Goal 5 are affected by these
amendments.
ATTACHMENT 1 -10
EXHIBIT B - P8
Goal 6 -Air, Water and Land Resources Quality. This goal requires local
comprehensive plans and implementing measures to be consistent with state and
federal regulations on matters such as groundwater pollution.
#24. The amendment to SDC Section 3.2-610 does not repeal, replace or void
existing Metro Plan policy or Development Code regulations with respect to
any identified air, water or land resource issues. No changes to supporting
ordinances or policy documents adopted to comply with Goal 6 are affected by
these amendments.
Goal 7 - Areas Subject to Natural Disasters and Hazards. Goal 7 deals with
development in places subject to natural hazards such as floods or landslides. It
requires that jurisdictions apply "appropriate safeguards" (floodplain zoning, for
example) when planning for development there.
#25. All sites within Springfield that are subject to these hazards (floodplain,
erosion, landslides, earthquakes, weak foundation soils) are inventoried
through a variety of sources. The proposed amendment does not remove or
exempt compliance with other Code standards that may apply to development.
Goal 8 - Recreational Needs. This goal calls for each community to evaluate its
areas and facilities for recreation and develop plans to deal with the projected demand
for them.
#26. Willamalane Park and Recreation District is the entity responsible for park
planning, development and maintenance in the urban transition area as well as
the city limits. The proposed amendments to do not alter policies encouraging
the provision of recreational facilities or the incorporation of community open
space in development design.
Goal 9, - Economic Development Goal 9 calls for diversification ancJ improvement
of the economy. It asks communities to inventory commercial and industrial lands,
project future needs for such lands, and plan and zone enough land to meet those
needs.
#27. The amendment to SDC Section 3.2-610 does not repeal, replace or void
existing Metro Plan policy or Development Code regulations with respect to
any economic development issues. No changes to supporting ordinaD.ces or
policy documents adopted to comply with Goal 9 are affected by these
amendments.
Goal] 0 - Housing. This goal specifies that each city must plan for and
accommodate needed housing types, such as multifamily and manufactured housing.
#28. The amendment to SDC Section 3.2-610 does not repeal, replace or void
existing Metro Plan policy or Development Code regulations with respect to
ATTACHMENT 1 - 11
EXHIBIT B - P9
any housing issues. No changes to supporting ordinances or policy documents
adopted to, comply with Goal 1 0 are affected by these amendments. .
Goal]] - Public Facilities and Services. Goal 11 calls for efficient planning of
public services such as sewers, water, law enforcement, and fire protection.
#29. The Eugene-Springfield Metropolitan Public Services and Facilities Plan
(PFSP) is a refinement plan of the Metro Plan that guides the provision of
public infrastructure, including water, sewer, storm water management, and
electricity. The amendments to SDC Section 3.2-610 do not repeal, replace or
void existing Metro Plan policy or Development Code regulations with respect
to any public facilities. No changes to supporting ordinances or policy
documents adopted to c,omply with Goal 11 are affected by these amendments.
Goal]2 - Transportation. The goal aims to provide "a safe, convenient and
economic transportation system."
#30. Section 660-012-0060 of the Transportation Planning Rules requires
evaluation of a comprehensive plan or land use regulation amendment to
determine if an amendment to the Springfield Development Code significantly
affects a transportation facility.
#31. The proposed amendments do not: change the functional classification of an
existing or planned transportation facility; change standards implementing a
functional classification system; allow types of levels of use which would
result in levels of travel or access which are inconsistent with the functional
classification of a transportation facility; or reduce the level of service of a
facility below the minimum acceptable level identified in the Metropolitan
Area Transportation Plan (TransPlan).
Goal]3 - 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 principles."
#32. The amendments to SDC Section 3.2-610 do not repeal, replace or void
existing Metro Plan policy or Development Code regulations with respect to
energy conservation. No changes to supporting ordinances or policy
documents adopted to comply with Goal 13 'are affected by these amendments.
r '
Goal]4 - Urbanization. . 1bis goal requires cities to estimate future growth and
needs for land and then plan and zone enough land to meet those needs.
#33. The amendment to SDC Section 3.2..;610 does not repeal, replace or void
existing Metro Plan policy or Development Code regulations with respect to
Springfield's inventory of buildable lands. No changes to supporting
ATTACHMENT 1 - 12
EXHIBIT B - P10
ordinances or policy documents adopted to comply with Goal 14 are affected
by these amendments.
Goal 15 - Willamette River Greenway. Goal 15 sets forth procedures for
administering the 300 miles of green way that protects the Willamette River.
#34. The proposed amendment to SDC Section 3.2-610 does not change the
obligation to comply with the City's existing standards for development with
respect to the Willamette River Greenway. The Greenway provisions allow
development of permitted uses in the underlying zone, provided that all other
Greenway requirements are satisfied. The City's adopted, acknowledged
Greenway ordinance.will not be changed.
Goals 16 through 19 - Estuarine Resources, Coastal Shorelands, Beaches and
Dunes, and Ocean Resources. There are no coastal, ocean, estuarine, or beach and
dune resources within the City's jurisdiction. These goals do not apply in Springfield.
Conclusion
The proposed amendment to SDC Section 3.2-610, based on the findings included above,
are consistent with Oregon Administrative Rules and Oregon's Statewide Planning
Goals. It is the conclusion of staff that the proposed amendments comply with this
criterion.
IV. Conclusion and Recommendation of Staff
Based on its findings with respect to the criteria defined in SDC Section 5.6-115 for
approving amendments to the Springfield Development Code, staff finds the proposed
amendments to SDC Section 3.2-610 to be consistent with these criteria and recommend
approval of the proposed amendments.
ATTACHMENT 1 - 13