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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: ~A- Ci ty Recor r -- : :-," ,~wEO & APpq()\!'D . ". r.... -..r'r'\{ J 0 ~~ ~ ..) . \.. ft.A ''''( ., \6-sTci== ~ f',,:'~-'.,/ ..,-. .~.::' 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