HomeMy WebLinkAboutNotes, Meeting CMO 7/16/2007
City of Springfield
Regular Meeting
MINUTES OF THE REGULAR MEETING OF
THE SPRINGFIELD Crry COUNCIL HELD
MONDAY, JULY 16, 2007
The City of Springfield Council met in regular session in the Council Meeting Room, 225 Fifth
Street, Springfield, Oregon, on Monday, July 16, 2007 at 7: 11 p.m., with Mayor Leiken
. presiding. "
ATIENDANCF,
Present were Mayor Leiken and Councilors Lundberg, Wylie, Ballew, Ralston, Woodrow and
Pishioneri. Also present were City Manager Gino Gl:imaldi, Assistant City Manager Jeff Towery,
City Attorney Joe Leahy, City Attorney Matt Cox, City Recorder Amy So~a and members of the
staff. '
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by May()r Leiken.
SPRINGFIELD UPBEA'I:
1. Recognition of K -9 Britt,
Police Chief Jerry Smith gave ari introduction for'this presentation.
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Police Sergeant Rich Charboneau came forward to '!fknowledge K-9 Britt, along with Officer
Brian Humphreys. K-9 Britt~as born August of}997 in the Czech Republic. Officer Rick Lewis
worked with Britt from December of 2000 to May of 2004. Brian Humphreys worked with Britt
from June of 2004 to May of 2007 when he retired. Britt now lives at home with Brian.
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During his years as a police dog with the City of Springfield, Britt was directly responsible for the
capture and arrest of 82 susp'ects and recovered $37,429.00 worth of property. Britt was also a hit
at K-9 demonstr!ltions and competitions as he loved attention, especially from children. His
playful, loving, aftdloyal demeanor made Brina pleasure to handle and work with.
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Sergeant Charboneau recalled two arrests that K-9 Britt was responsible for. One of the best,
things the K-9 department could do is make the public feel they had confidence in the dogs. .
Chief Smith presented a plaque to Brian Humphreys for Britt..He read from the plaque.
2~ . Trig'Star Acknowledgement - Nick Aldridge, Springfield High School.
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Mayor Leiken acknowledge Nick Aldridge for his accomplishment in the Trig'Star Competition.
The Trig'Start Program Contest is an annual high school mathematics competition sponsored by
the National Society of Professional Surveyors based on the practical application of
Trigonometry, The IHv5,alll recr'$ni7es the best students from high schoOl,S throughout the nation.
, Date Received: 7 Ib I/)7 .
Planner: DR ,.. . . '
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City of Springfield
Council Regular Meeting Minutes
July 16,2007
Page 2
The purpose of the Trig'Star Program:
. To promote the study of trigonometry in high schooiand to promote excellen~e in the
mastery of trigonometry by honoring the individual student who has demonstrated
superior skill among classmates at the High School level.
. To acquaint the high schooltrigonometry students with the use and practical application
of trigonometry in the surveying profession. ,. . .
. To build an awareness of surveying as a profession among the mathematically-skilled
high school students, career guidance counselors and high school math teachers.
Nick Aldridge from Springfield High School won the local competition and has completed his
test as the State representative in the national competition. Results of the national competition
will be known sometime after July 19. .
Mayor Leiken read from a letter to Nick and presented it to him.
3. Employee Recognition - Brian Barnett, 10 Years of Service.
City Manager Gino Grimaldi acknowledged BrianB:Unett for his ) 0 years of service to the City
of Springfield. He noted Mi. Barnett's involvement in a number of projectS during' his career
with the City and his work with neighbors and citizens, He discussed his involvement in
designing roundabouts in our community.
Brian Barnett thaftked the Mayor and Councilor and. senior staff for their support:
CONSENT CALENDAR. .
IT WAS MOVED BY COUNCILOR LUNDBERG WITH A SECOND BY COUNCILOR
WOODROW TO APPROVE THE CONSENT CALENDAR THE MOTION PASSED
WITH A VOTE OF 6 FOR AND 0 AGAINST. :.. '
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I. Claims
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a.. Approval of June~007, Di;bursements for Approval.
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2. Minutei "
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a. June 25,2007 - Work Session
b, July 2, 200f-'Work Session
c. July 2, 2007 - Regular Meeting
3. Resolutions
a. RESOLUTION NO. 07-32 ~ A RESOLUTION TO ACCEPT PERMIT PROJECT
P30402: MOUNTAINGATE. PHASE 4.
b. RESOLUTION NO. 07-33 - A RESOLUTION TO ACCEPT PERMIT PROJECT
P30490: FILBERT MEADOWS SUBDMSION.
c, RESOLUTION NO. 07-34 - A RESOLUTION TO ACCEPT PERMIT PROJECT
P30492: GOLDEN EAGLE SUBDIVISION,
City of Springfield
Council Regular Meeting Minutes
July 16, 2007
Page 3
d. RESOLUTION NO. 07-35 - A RESOLUTION AUTHORIZING THE CITY
MANAGER TO AWARD COMPETITIVE BIDS EXCEEDING $35.000 AND
APPROVE AMENDMENTS TO PUBLIC CONTRACTS DURING THE PERIOD OF
JULY 17. 2007 TO SEPTEMBER 10. 2007 WHILE THE CITY COUNCIL IS IN
RECESS. .
4. Ordinances
a. ORDINANCE NO. 6200 - AN ORDINANCE AMENDING THE METRO PLAN
DESIGNATION OF APPROXIMATELY 5'24 ACRES OF LAND. ID~ lll'l.t.D AS
J.,ANE COUNTY ASSESSOR'S MAP 17-02-32-00. TAX LOTS 400 AND 402 FROM
LIGHT MEDIUM INDUSTRIAL ILMIt TO COMMERCIAL WITH AN
AUTOMATIC REDESIGNATION TO THE EAST MAlN'REFINEMENT PLAN
FROM LMITO COMMUNrfY COMMERCIAL ICCt
b. ORDINANCE NO. 620 I - AN ORDINANCE AMENDING THE SPRINGFIELD
ZONING MAP BY REZONING APPROXIMATELY 5.24 ACRES OF LAND.
IDEN Ill' wD AS LANE COUNTY ASSESSOR'S MAP 17-02-32-00. TAX LOTS 400
AND 402. FROM LIGHT MEDIUM INDUSTRIAL ILMD TO COMMUNrfY
COMMERCIAL ICC1. ,
c, ORDINANCE NO. 6202 - AN ORDINANCE AMENDING SECTIONS 26.030: 26.050
IINCLUDING TABLE 26-11 AND 26.070 OF ARTICLE 26 "HD HILLSIDE
DEVELOPMENT OVERLAY DISTRICT" OF THE SPRINGFIELD DEVELOPMENT
CODE TO EXPAND THE APPLICATION OF "DENSITY TRANSFER" TO MAKE
MORE EFFICIENT USE OF REMAlNINGBUlLDABLE RESIDENTIAL LANDS'.
REOUIRlNG DEVELOPERS TO PAY FOR PEER REVIEW OF TECHNICAL
STIJDIES REOUIRED FOR HILLSIDE DEVELOPMENT: AND ADOPTING A
SEVERABILITY CLAUSE.
5, Other Routine Matt~rS
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a. Accept the Bid from Farwest Truck Center for Purchase of One (I') Dump Truck in the
Amouirt'of$86,490. . :,
b.. Approval of the Endorsement ofOLCC Liquor License for Aiyara Thai Cafe, Located at
1010-1012 Harlow Road, Springfield, Oregon.
. c. RitifY an Agreement with the International,Associition of Fire Fighters (lAFF)
. Bargaining Unit. . ,.
ITEMS REMOVED ,
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PUBLIC HEARINGS -Please limit comments to 3 ririnutes. Request to speak cards are available
at both entrances. Please present cards to City Recorder. Speakers may'
not yield their time to others, .
1. Annexation of Certain T~.. ;;.,. j to the City of Springfield and Extra-Territorial Extension of
Sewer Services. Betty Trotter Owner, File Number LRP2006-00007.
RESOLUTION NO. 07-36 - A RESOLUTIONJNlTIATING ANNEXATION OF
CERT AlN TERRITORY TO THE CITY OF SPRINGFIELD INCLUDING EXTRA-
City of Springfield .
Council Regu1ar Meeting Minutes .
July 16, 2007
Page 4
TERRITORIAL EXTENSIQN OF sANITARY SEWER SERVICE TO THE SUBJECT
SITE AND REOUESTING THAT THE LANE COUNTY LOCAL GOVERNMENr
BOUNDARY COMMISSION APPROVE THE ANNEXATION BY EXPEDITED
PROCESS.
Planning Supervisor Jim Donovan presented the staff report on this item. The applicant/owner has
requested annexation of 0.45 acres of property located at 835 Anderson Lane in west Springfield.
The property is within the UGB and is adjacent to the Springfield City Limits along its northerly
boundary. The purpose of the annexation is to allow the partition and development of two
additional single family residential lots. Annexation is required to partition the property to ,urban
densities. .
The City Council is authorized by ORS 199.490(2)(a)(B) to initiate annexation upon receiving
consent in writing from a majority of the electors registered in the territory to be annexed and the
owners of more than half of the land to be annexed. Consent from the property owner has been
given, and there are no registered voters residing at the site. The City must :ilso ensure a
minimum range of key urban services including but not limited to police, fire protection, library,
parks and recreation, storin sewers, sanitary sewer and schools. Street, storm and sanitary sewer
facilities are available on an interim basis. The immediate provision of sanitary sewer service to
the subject site requires extra-territorial extension across an un-annexed length of Anderson Lane
as shown in Attachment 2. The applicant's participation in future sanitary, storm and local street
improvement projects is required through the attached Annexation Agreement. The ,attached
Resolution authorizes the City Manager to sign the J\nnexation Agreement negotiated with the
applicant. . I, .
The City Council Resolution, if approved, will be forwarded to the Lane County Local
Government Boundary Commission. The owner is requesting the Expedited Annexation
procedure through the Boundary Commission in order to proceed as quickly as possible with the
partition process, .!'
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Mi. Donovan said the property owner was in support of this annexation and was present in the
audience..
Councilor Ballew said the map made it difficult to tell that this property abutted city limits.
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Mi. Donovan itgreed it was difficult to tell. He referred to Attachment 1-2, which showed this
property as it abutted city limits. He explained how city limits abutted the property.
Mayor Leiken opened the public hearing.
No one appeared to speak.
Mayor Leiken closed the public hearing.
IT WAS MOVED BY COUNCILOR LUNDBERG WITH A SECOND BY COUNCILOR
WOODROW TO ADOPT RESOLUTION NO. 07-36. THE MOTION PASSED WITH A
VOTE OR 6 FOR AND 0 AGAINST.
City of Springfield
Council Regular Meeting Minutes
July 16, 2007
Page 5
2. Public Hearing on 2007 Justice Assistance Grant.
Senior Management Analyst with the Springfield Police Department, Mike Harman, presented
the staff report on this item. The City of Springfield is eligible to receive $33,059 in federal funds
from the 2007 Justice Assistance Grant. The funds may generally be used'for any purpose
relating to the criminal justice system, excluding construction projects and security projects.
No match funding is required, however, grant funds may not supplant general fund resources.
The recommendation isto use the 2007 funds toward four specific areas, ~ follows:
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I. Contractual costs of the Public Safety Coordinating Council
(anticipated contract $18,166),
2. Support for Municipal Court programs ($3,000).
3. Support for Police Crime Prevention programs ($2,000).
4. Specialized Police Equipment ($9,893).
The purpose of the public hearing is,to solicit further suggestions from the communitY for
possibilities to expend these funds. This public hearing'is a requirement of the grant application
process. No additional action is required by the Council.
Councilor Ballew asked what was included in specialized police equipment.
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Mi, Harman said that was a general category for any kind of specializbd equipment used by the
Police Department. In the past, the grant funds had been used to purchase digital recording
equipment and articulated furniture for those at a desk for many hours at a stretch.
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Councilor Ballew asked if it would .b.e appropriate for personalized tasers.
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Mr. Harnian said that could llepossible.'fJ:te Police Department was considering using those
funds for specialized equipment' in the new facility.
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Mayor Leiken opened th~ jJUblic hearing.
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No one apji'e3.r.ed to speak.
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Mayor Leiken clos~g the pUblic hearing.
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NO ACTION REQUESTED
3. Used Merchandise Dealer Ordinance - Automated Reporting Requirement.
ORDINANCE NO.4 - AN ORDINANCE AMENDlNG ARTICLE 7 OF THE
SPRINGFIELD MUNICIPAL CODE REPEALING EXISTING SECTIONS 7.100. 7.102.
7.104. 7.106. 7.108 AND ADDING SECTIONS 7.100. 7.102. 7.104. 7.106.7.108.7.110
AND 7.112 (FIRST READING).
Police Captain Rick Lewis presented the staff report on this item. Eugene,' Springfield and Lane
County initiated an automated reporting pilot project in October, 2002 with voluntary
City of Springfield
Council Regular Meeting Minutes
July 16,2007
Page 6
participation of several secondhand stores in Eugene, Springfield and uninc~. t'~.~ted Lane
County. '
During the development of the draft ordinance, the participating law enforcement agencies met
with secondhand store owners and managers for feedback on the proposed ordinance, There has
been a mixed review from the dealers who are concerned about the additional costs to their
businesses for implementing the program as well as a preferred vendor. Council has received
correspondence from second hand business dealers expressing their concerns on the matter. .
Council heard from a number of business owners affected by a proposed ordinance that would
require Used Merchandise dealers to comply with an'automated repo~g system. Since the
April 3, 2006 work session on this matter, the City of Eugene and Larie County have adopted
ordiruinces requiring dealers to comply with automated reporting: .,
The proposed process for implementing and operating the automated reporting system would be
administered by the Eugene Police Department. The actual cost ($20,200) of automated reporting
would be borne by the regulated secondhand stores, using a fee schedule based on the number of
annual secondhand dealer transactions, It is anticipated ,that the annual cost to the individual
secondhand store would range between $200-$700 per year. . .
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In the event that BWI receives the bid from an RFP issued by the City of Portland, we have been
advised that the local automated program will be permitted to interface with the Portland data
base. '. ...,
At the March 5, 2007 work session, Council directed the' on:lil!ance to move forward for a public
hearing. . "
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Captain Lewis said there were several concerns by some of the Second Hand Dealers. The first
issue with businesses wasthe cost...He explained the;,!lverage cost per business of $200-$700 per
year per business. He said it'was dependent on the number of transactions of the individual shop,
The cost for h:,trdWar.e, computer, phone lines, and internet service was also a concern. Shop
owners were 'also concerned that tile. cost would increase before the contract ran out. He noted
that thjs would be admmiStered through the City of Eugene; Another concern was that BWI was a
Canadian firm. It had beetii~uggested tbWait until Portland went online. Portland did send out a
Request fi>r Proposals (RFP) and granted that RFP to BWI. Their system would be set up
differently, Iiow~ver, as BWI'~ould create software for Portland to run their own program. The
City of Eugene aria. I"ane CO\!llty passed similar ordinances to the proposed ordinance before
Council. . Springfield 'included collectable coins and moneys and Eugene and Lane County did not.
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Detective George Crolly with the Springfield Police Department, gave further information on this
issue. He said he had been with the Springfield Police Department for about nine years and had
recently assumed a position that dealt with pawn shops and stolen property. He said he recently
met with Detective Randy Berger at the Eugene Police Department to go over how the BWI
system worked. Eugene had a smooth transition with ihe pawn shops when it was implemented.
, Eugene had recovered a substantial amount of property through the system that had been stolen,
and had been successful in tracking the criminals that brought in the items. The system was a
helpful investigative tool with several search engines available. He described some,ofthe search
engine capabilities. He also noted that some businesses had monitors mounted on their personal
computer to take photos of customers. This system benefited the police allowing them to identify
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City of Springfield
Council Regular Meeting Minutes
July 16, 2007
Page 7
who brought in the property. It also benefited the shop in allowing them to know who they were
dealing with. He said it also benefited the citizens, police department and shop owners by the
efficieucy of data entry and tracking items sold. It enabled information sharing between all
agencies, Detective Crolly said there were alerts in the system that allowed police officers to enter
details, including the name, of criminals into the system. If a transaction occurred on that person,
an alert could be sent to the police officer's pager, cell phone or email.This allowed for a quick
response to the shop which benefited the shop owner and police officers.'
Councilor Pishioneri asked if Detective Crolly anticipated a decrease in the amount of time spent
on cases once this system was in place, and making their work more efficient.
Detective Crollysaid he did anticipate that efficiency with the rapid'search capabilities rather
than going through paper documents. ' . .
Councilor Pishioneri' asked if the time savings was figu~<l into this proposal.
Chief Smith said the time considered in the ordinance was the time spent picking up slips and
entering data. ' , '
Councilor Wylie asked if the shops were capable of issuing an alert if stolen property showed up.
Detective Crolly said that capability was also available, as well as shops entering information on
a problem customer that could be sent out to other dealers. .
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Councilor Wylie' asked if there was a capability of s(destepping this program.
Detective Crolly said it cOuld be a possibility.
Councilor Ballew said sh~ ,had read.that the State was interested in an integrated statewide
system. She asked when thatiIright occur, '
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Chief Smith said there had been discussions, but no efforts towards making that happen.
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Councilor Ballew asked if there was an~ auditing to be sure all'items were being reported.'
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Detective Crollf.~aid BWI ffil!llrtained the program, including auditing.
Chief Smith said ill.;; 'only kIiew if someone wasn't reporting something if they were told. That '
had occurred in the past:. ,.'
Detective Crolly said it would still be important to IIIll.intain a human element and good
relationships With the businesses.
Councilor Ralston asked if there were penalties for not reporting.
Detective Crolly said Eugene had penalties, but he hadn't yet studied the ordinance in
Springfield,' .
Chief Smith said the ordinance had a penalty clause ,near the end,
City of Springfield
Council Regular Meeting Minutes
July 16, 2007
Page 8
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Councilor Lundberg said part of her wanted to defend the industry that had second hand shops,
The businesses were not made up of criminals. Receiving stolen items cost the business money.
She was in support of electronic reporting because of the time it would save. There were
criminals in any business. She said implementation should be done rapidly, but it would be an
additional cost. She referred to the time frame for the shop owners to enter information on the
items, She would like to make it convenient for data entry. She asked what Eugene was doing.
Detective Crolly said it was a 12-hour reporting requirement for data entry. Most shop owners
used it immediately as it worked as an inventory tracking system. He also agreed that the
businesses were upstanding, The business owners wanted to find the criminals as much as the
Police did.
Councilor Pishioneri said the pawn brokers and dealers were very honest. He felt that the real
time reporting would save the businesses from potential loss if the item was discovered stolen.
Detective Crolly agreed. Councilor Pishioneri said this system could protect the business owner
as well, and would add a lot of integrity industry-wi~e. '.
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Mayor Leiken opened the public hearing.
I. O.B. Bil1:l1:s. Best Cash. 1840 Main Street. Soriru!fie!d.. OR. Mr. Biggs said he had a couple of
problems with the ordinance the way it 'Yas written. He referred to page 4, section (4)
Reporting Fees. He felt that any associated fees !>r costs should be incorporated into a Second
Hand Dealer's License Fee. That license' fee would' cover all costS. He also referred to page' 5,
section (6)(b). He felt that six months was too long to keep something on hold upon police
request. Thirty days ,^:as~a fair amount oftimeaiid if the police needed more time, they could
ask the dealers to hpld it longer, He referred to page 4, section (2) and page 6, Section 7.106
regarding alternate. recording requirements. He said that was what the dealers were doing now
With paper. The ordinan(;e seemed to indicate that dealers had a choice on how to record the
information. He said h~'Was iri'fuvor of electroni~ reporting and it should have been done
years ago. Forahout three'years, he haiibeert'involved in this process. During that time, he
had beeri watchiIig BWJ and L.EADS Online, two electronic reporting firms. During that
time, 'BWI had groWli"very littiekd had very few U.S. jurisdictions, most were in Canada.
LEADS, Online had ~iir,ethan dOlibled the number of jurisdictions to over 600, including
Medford; Jackson CountY and many in California and Washington. He questioned why nearly
aJi U.S. jiirisqictions.that'~ gone to electronic reporting h;uI signed on with LEADS Online
ifBWI was'tIie, best choice:
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2. ('",,,hI Hoshaw. ACE Buvers, ] 95 South 14th Street. Sorinrdield.. OR. Mr. Upshaw said he
had sent the Mayor and Council information, The latest included comparisons onthe current
pawn statute. At the end oflast year, the State mandated that Pawn Shops'become a licensed
Pawn Shop or close down. In doing so, it cufthe shop's revenue considerably. For the year of
2007, if the shops had to pay the fee for BWI, the cost of doing business would be sixteen
hundred percent higher than the previous year. Prior to 2007, they paid $90 for the City
license. This year, they would. pay $1000 for the State license and inspections, $700 for the
BWI system, plus the additional' $90 for the City license. That was qnite a hit on businesses.
When they ran as a consignment shop, they regulated themselves. He refenmced the question
about the businesses being audited and said the State's Department of Consumer and
Business Services would be taking care of that. He questioned how much actual hard copy
City of Springfield
Council Regular Meeting Minutes
July 16, 2007
Page 9
information they had on how well the BWI system was going in Eugene with all the paWn
shops reporting. Prior to last month, there were no licensed pawn shops in Eugene. The only
one licensed in Eugene, was now in Glenwood, and under the County jurisdiction. Sheriff
Burger talked to the Commissioners about this charge and the Commissioners would be
picking up the cost of those in the County's jurisdiction going into BWI, He would like
Council to look at the conflict and make sure they had hard copy on how well this was going.
Currently, they had a twelve hour delay to report, so the police wouldn't be able to arrest the
person at the time they were selling something,
Mayor Leiken closed the public hearing.
Mayor Leiken asked about the 'not to exceed 180 days' 'clause for holding certaiil items. He said
180 days seemed like a long time. He asked Chief Smith to comment.
Chief Smith said the 180 days gave more latitude for the investigator. The reality was that if they
could identify property as stolen, the police would seize it'immediately. There could be times that
police believed something may be stolen and would. like more time to look into the crimes. He
felt that 180 days was the exception to rnle.
Councilor Lundberg asked if it could be a shorter period oftimd, with a provision that police
could request additional time if needed for an investigation. Most of it would be determined
quickly. The business would be holding storage for the Police Department. She would like some
certainty for the businesses.
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Chief Smith said if police was going to put a h()ld on. it for 180 days, it was a serious case. He
said the 180 days was an outside exception to the rnle. If police knew an item was stolen, it
wouldn't take long for them to take care of it.
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Councilor Ballew asked'how frequeptly the 180 dayprovision would have been used in his
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Chief Sm,ith said he coii!.dn't remember a time in his career that they had asked a pawnshop to
hold an item for 180 days:' ;,' ., .
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Councilor BaJ.1ew said it worild' only occur if they were asked specifically to hold a specific item,
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Mr. Leahy askecf Ch\ef Smith'if language could be added that said an item "shall be held 90 days
provided, however, this period may be extended up to 180 days at the request of the Police
Department". Someone..,\"ould have to monitor it at 90 days.
Chief Smith said that could work.
Councilor Pishioneri said he was not comfortable making that change. He said 180 days was
reasonable and had not been abused.
Councilor Woodrow asked if it would be possible to'include the fee in the pawnbroker's license..
City of Springfield
Council Regular Meeting Minutes
July 16, 2007
Page 10.
Chief Smith said it could be possible. It would mean that each year, as the City of Eugene and
BWI figured out what the cost would be, the license fees would be changed in the City of
Springfield to accommodate that fee:
Chief Smith responded to a couple of questions brought forward by those testifying. He said in
regard to alternative reporting, it was for dealers that dealt with less than ten transactions a month.
He said it was noted on page 4 of the ordinance.
Councilor Ralston asked' why we chose BWI instead ,of LEADS Online.
Chief Smith said there were over 13,000 police jurisdictions in the U.S. and LEADS Online
serviced a very small percentage of those. BWI served an even smaller percentage of those
jurisdictions. Springfield Police looked at LEADS Online, but i!didn't interface with the regional
records management system, so the entries would have to be duplicated into the system. It was
not as good a product fur the Springfield area purposes.
Councilor Ballew asked if this ordinance was the san;te as the one in Eugene.
Chief Smith said it was the same, except that Springfield had added an inclusion requiring
electronic reporting of collectible coins and jewelry. .
NO ACTION REQUESTED. FIRST READING ONLY.
BUSINESS FROM THE AUDIENCE
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I. Robert Schroeter. Comcast 2897 Chad Drive. Eillzene. OR. Mr. Schroeter, Director of
Government Affairs for Comcast, discussed some of the provisions on the
telecommunicatio~~ ordinanc~. .fIe said he appreciated .the opportunity to work with
Springfield staff. The 'major provisions of difference in the proposal before Council had to do
with the possibility that' W~.hOllse!<:eeping measfue could be' interpreted as affecting any
existing franchises or conirnCts that the City had ,with particular providers. Mi. Goodwin
drafted some language,.to adctres.s that issue which was acceptable. There were a couple of
other areas that raised 20ncerns and were grounds for further discussion. At the work session,
tb"Ml'yor said it was tune for Springfield to have discussions with businesses on how things
might'affect them. Mi. Schroeter's concern related to high speed internet, which was
encompaJsedin the defutitii>n of telecommunications, and noted that the Federal
Communicaiio~.Commission's decision would exempt that. He also discussed IP enabled
voice. There waS,di,scussion from Mi. Goodwin in the Council Briefing Memorandum in the
agenda packet, that the FCC had taken IP voice under their jurisdiction, and had not made a
determination. Until that determination was made or as communications continued with the
City and other providers, they hoped to come back to Council with an'agreed upon approach
or the FCC decision. There were provisions within the ordinance to provide for an application
fee set by Council on an annual basis. Comcast provided af'f'w"';mately $400,000 per year to
the City in franchise fees. To put rees on top of that was excessive and not directly related to
maintenance, They would suggest an allowance for deductibility on other fees.
2. Leslie Markham. 542 South 4th Street. Sorinllfield.. OR. Ms, Markham noted the tragic death
of a four year old little boy that had contact with fireworks. She said it was time to consider, a
ban on the sale and use of fireworks in Springfield. July 4 was no longer a celebration, but
City of Springfield
Council Regular Meeting Minutes
July 16, 2007
Page 11
was now a traUlllatic time for my residents. There were approximately three weeks of
incessant explosions, noise, chaos and people fearing injury for themselves and their homes.
She felt there could be a safe 411> of July with public events, such as that at Island Park. Last
year, children 10-14 years of age had the highest injury rate for fireworks related injuries.
There were 283 fires in Oregon in 2006 as a result of fireworks, ail increase of 46 percent
from 2005, causing more than $lM in damage. Eighty-five of these fires occurred between
June 1 and July 31. Sparklers were associated with more than half of the estimated injuries of
children under the age of 5, Children were often curious and excited about fireworks, which
increased their chance of being injured. The use of fireworks in our community puts an added
strain on Police and Fire and Life Safety (F&LS). Ms. Markham had the fireworks log from
the Springfield Police Department and noted that between June 18 and July IO there were 189
fireworks related calls to Springfield Police. Between July I and July II, there were 37 calls
responded to by a patrol officer. There were fifty-two cities in Washington that had already
banned fireworks and more cities were coming on board. . ,
3. John BrowtL iOl East Broadwav. EUl!ene. OR. Mr. Brown spoke on two of the Council
Goals: #2 - Utilizing resources efficiently and effectively to meet citizen needsJor core
services; and #7 - Partner with citizens and other public agencies to leverage 'resources. He
spoke regarding SDC credits and creating an SDC credit bank. One of his clients had a
number of SDC credits, some that couldn't be used. This client asked what they could do
with the credits and he suggested donating them to a non-profit or agency that could use
them, There would be no net loss to the c.oIlUllunity or added burden to the tax payers, and yet
a savings to that entity for more beneficial uses. He asked that over the summer break,
Council direct staff to explore the pros and cons'ofsuch a bank. Hopefully, it could be a win-
win. The Council would deternJine who would receive the credits from the bank. Recipients
could include non-profit agencies, economic development 'or anyone else in need. There
could be a small adJ:nini;m.ative fee charged to manage this bank. He felt this concept merited
further consideratio.~. '. ,.
"~'j .'
5. C.W. Walker. 1225 Lawrence. EUl!ene. OR. Mr. Walker said he was here in support of the
City of Springfield investigating and working towards an opportunity to use SDC credits. To
be able to use these credits toward economic development and non-profits at the City's
discretion and incompliance with a dedicated policy set up by the City of Springfield, would
bea great benefit to the City of Springfield. It w<;lUld also be a benefit to those companies or
non-profits that were looking forward to developing and improving the City of Springfield.
City of Springfield
Council Regular Meeting Minutes
July 16, 2007
Page 12
He looked forward to working with the City on this and helping with his experience on the
use of the SDC credits.
Mayor Leiken thaftked Mi. Brown and Mi. Walker for notifying him ahead of time that they
would be speaking on this topic, He also thanked Mr. Roberts for his testimony. The Mayor asked
Council for their thoughts on this request.
Councilor Woodrow said he would like to see staff bring something to Council.
Councilor Ralston said he liked the idea and would like to know if there was an actual cost to the
City.
Councilor Pishioneri agreed it was a great idea and worth exploring. It c!Juld help with downtoWn
redevelopment: . "
Councilor Lundberg said the State had a tax credit program that non-profits couJd use. She asked
that staff get that information regarding certain requirements and how tax creditS could be used.
She would like information on the parameters of who might qnalify and how the credits could be
used. ."
Mayor Leiken thaftked MS. Markham for her testimony and asked Chief Smith to provide her
with additional information. He said he wasn't sure it was somfJthmg the City should do or if it
was something that should be done by the State. Mayor Leikenappr~ciated her comments.
"".'
Councilor Ralston said the death of the young boy du~ 'to fireworks. was a tragic accident. He said
it was hard to believe that a fire like that could be sbrted with legal fireworks.
~. . '~. , ~ . ~. .
Councilor Pishioneri siri,dlegal fire~orks could staJ;tsuch a fire.
. " '~." ' .
COUNCIL RESPONSE
'\<"'.1
-!. ".,
..
,';.~'.
'., """..;-'.
CORRESPONDENCE'ANn Pt'.IIIIONS
. - '\3~,t.., ",
Mr. ToWery noted that in addition to the five items included in the Correspondence and Petitions,
two additiofuu items were reCeived and placed at Council places.
,\.:.;:-t..~,,:,
" -"
Mi. Leahy said"fue'l3 Street i.;formation was submitted after the public record closed. He asked
Council not to revieW that before making their decision on the B Street vacation because it was
received after the pubiic'record closed.
c.
1. Correspondence from Peter Ferris, Lobbyist for Oregon Manufactured Homeowners United
Regarding HB2735. (See attached staffresporuie.)
2. Correspondence from Leslie Markham, 542 South 4th Street, Springfield, Oregon Regarding
Fireworks in Springfield. .
3. Correspondence from O.B. Biggs, Best Cash, 1840 Main Street, Springfield, Oregon
Regarding the Second Hand Dealer Ordinance.
4. Correspondence from Jeff Thurn, North Star Coin and Jewelry, 643 Main Street, Springfield,
Oregon Regarding the Second Hand Dealer Ordinance.
City of Springfield
Council Regular Meeting Minutes
July 16, 2007
Page 13
5. Correspondence from Don and Mary Jo Moloney, 922 B Street, Springfield, Oregon
Regarding the B Street Closure (this letter was not received during the period the record was
open, so ins not included in the packet for this item.)
IT WAS MOVED BY COUNCILOR LUNDBERG WITH A SECOND BY COUNCILOR
WOODROW TO ACCEPT CORRESPONDENCE FOR FILING. THE MOTION
PASSED WITH A VOTE OF 6 FOR AND 0 AGAINST.
BIDS
ORDINANCES
1. Telecommunications Ordinance Update.
ORDINANCE NO. 6203 - AN ORDINANCE AMENDING ARTICLE 4 OF THE
SPRINGFIELD MUNICIPAL CODE TO PROVIDE FOR LICENSING OF UTILITIES,
AMENDING SECTIONS 4.600. 4.602. 4.604. 4.608. 4.610. 4.612. 4.614. 4.616. 4.618,
4.620.4.622.4.624.4.700.4.702.4.704.4.706: 4.708.4.710.4.712.4.714 AND 4.716.
DELETING SECTIONS 4.626 AND 4.628. AND SETTING AN EFFECTIVE DATE.
Assistant Public Works Director Len Goodwin presented the staff report on this item. The City's
current telecommunications ordinance, which reverted to its 1997 form when the Utility Tax was
repealed, is in need of updating. In addition, it is appropriate to modify the ordinance to account
for therecent decision of the Federal Communications,!iecision on franchising of competitive
cable television providers. " '
"
It is timely to make houseke.;piilg revisions to the'. city's telecommunications ordinance to assure
that it continues to coniplywith recent interpretations of Section 253 of the Telecommunications
Act of 1996. In addition, it is timely'to modify the ordinance to accommodate the actions of the
Federal Communications Co~i~sioy..\IJ pf,oviding lilternative cable television providers an
accelerated path to access to public rights of Way to provide their services. At the public hearing
on June 18, a represerititive of Comcast testified and was granted leave to submit additional
comments in writing, Those'comni~nts, as well as comments received from Qwest
Comniunications, and a staffr~sponsetOeach set of cornmentsare attached. In light of these
comments; a'second version Dr the proposed ordinance has been prepared. This Alternative Draft
Ordinance makes ONLY the iDinimum changes necessary to conform the City's Code to what we
understand to be ihe current state of the law and is presented in legislative foimat to make it
easier to see the chariges proposed..
.':~;? .
" .
Mr, Goodwin noted that Mi. Schroeter from Comcast met with staff and a representative from
Qwest also met with staff to review details. The Coupcil Briefing Memorandum included in the
agenda packet outlined changes made as a result of those discussions. The people from Qwest
pointed out a technical error in the ordinance, As it was written, it excluded from gross revenue
wholesale transactions, specifically for electricity and gas. It was intended to exclude all
wholesale transactions and the ordinance had been corrected to reflect that. In addition, Qwest
raised questions about section 4.608 (4) which related specifically to the provision of cable
television services. Thatprovided that an alternative cable television provider would have to' file,
and comply with, a plan to serve all residential customers in the community within a reasonable
time. Qwest pointed out that was a practical impossibility. There was no reason to believe there
City. of Springfield
Council Regular Meeting Minutes
July 16, 2007
Page 14
was a marketfor a fifty percent split between the current provider--and a new provider. An
alternative formula was created to allow them to build up their service over a period of time under
an agreed upon formula plan between the City and Qwest. Staff made a modification to the
ordinance to make that possible,
Mr. Goodwin said that Comcast expressed concern about whether or 'not this ordinance would
affect the existing franchise. Staff modified the language to make it clear that the provisions in
this ordinance did not change existing contracts the City had with Comcast or any other provider
Comcast also raised concerns about the fees imposed. They felt the fees in general were excessive
and also suggested there should not be an additional license fee for those, companies that already
had a license fee. He said the fee for the original license was $1200.00, 'the annual fee was fixed
at $600, which represented about six hours of work for a license andalittle over three hours work
for an annual renewal. Staff spends about four times :that on these processes and did not feel these
fees were unreaSonable. Mi. Goodwin said he would encourage Council to continue them as they
were by providing an additional license and fees as additional services were provided. At the
public hearing, questions were asked regarding the absolute ininimum required to meet the recent
court rulings and the Telecommunications Act of 1996. Appendix F included in'the agenda
packet included an ordinance that just met the minimum reqnirem,ents to make sure the City was
in compliance with the law. Staff did not recommend that Council adopt that ordinance, but rather
the other ordinance with changes following conversations with Comcast and Qwest. There was
still an issue between the City and Comcast regarding the ;..'""..."ent of Comcast's digital voice
service. Federal Communications Commission (FCC) had made'nodecision about. what sOrt of
service that was and in staff's opinion, if a' "':''''l'aIlyi~as using right:.of-way, the City had the
right to regulate that service and collect a fee for using the right-of-Way. Staff felt that right
existed whether or not the new ordinance passed. H~ explained.
. ..,' -">',-". '
Councilor Woodrow disclosed that he had some dealings with,Comcast over the past month or so
that benefited his service with Comcast, but that would not affect his decision.
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\i;,',::_ _ i",' -r'
Mayor Leiken t;hanked Mi. Gm>,dwin for working with Comcast and Qwest. He said the ongoing
dialogue wi~ CO~f!!Stand other'telecommunications that did business in Springfield would be
important.asthe goveriiment made,additional rulings. It was important to continue that
comm~iiibation and partiiefspip. .,"
'.
Councilor'Lci:.dberg said th~ '~~eral' and State government would do all they could to get their
fair share or to regulate cities. The telecommunications businesses were there to make a profit and
the City was there~() tax that profit. It was the City's job to watch ~hen revenues increased
because it was CitY right-of-way, It would most likely come back to the City because it did
involve FCC rules and the City wasn't the final say. Everyone had done a good job trying to work
together.'
City Attorney Joe Leahy noted that the benefit received by Councilor Woodrow from Comcast
had been as a private citizen and had nothing to do with his position as a Councilor.
Councilor Woodrow said that was correct.
Councilor Wylie asked for clarification on the two ordinances.
City of Springfield
Council Regular Meeting Minutes
July 16, 2007
Page 15
Mi. GrinJaldi said the second ordinance was the alternative. Staff was presenting the original
ordinance. '
IT WAS MOVED BY COUNCILOR LUNDBERG WITH A SECOND BY COUNCILOR
WOODROW TO ADOPT ORDINANCE NO. 6203 THE MOTION PASSED WTH A
VOTE OF 6 FOR AND 0 AGAINST.
2. Vacation of One Block Segment ofB Street Public Right-of-Way between 4th Street and
Pioneer Parkway East, Case No. LRP2007-00019.
ORDINANCE NO.6 - AN ORDINANCE VACATING A 66 FOOT WIDE BY 264 FOOT
LONG PORTION OF PUBLIC RIGHT-OF-WAY SHOWN IN BOOK L PAGE 10F PLAT
RECORDS OF LANE COUNTY. OREGON. DATED APRIL 5. 1872.
City Planner Andy Limbird presented the staffreport on this item. On July 2, 2007, City Council
conducted a public hearing on a request to vacate public right-of-way for the segment ofB Street
between .4th Street and Pioneer Parkway East. The vacation is intended to facilitate development
, ' .
of a secure police parking lot and ancillary building serving the Springfield Justice Center. The
written record for public hearing written submittals was held open to 5pm on July 9, 2007. Three
submittals were received during the extended written record period: two in favor and one
opposed. Staff prepared responses to the letters received, He noted that Attachment I, the
recommendation from the Planning Commission, was inadvertently omitted from the Council
packet. Copies were provided to the Council and had already been included in the record and the
first reading. Also at the public hearing, Mr. Scott Ols~n testified in opposition to the proposed
vacation and requested that a series of land use actions and other preparation of Justice Center,
including the functional planning and the bond meaSure, were"provided in the public record.
Materials had been included and cOpied and were present at tonight's meeting. The bulk of that
was the land use actions .that had been taken to this point.
""
.'
The subject right-of-wayis;;',~6-f~i\vide l:>Y 264-fri6t long segment of public street runningeast-
west along the north~rn edge of the existing police and courts parking lot. The City owns all
abutting tax lots th3.t hive frontage 'on the public right-ofcway proposed for vacation. The
PlanningCommission heid a Public'Hearing on June 5. and 19, 2007, and adopted a
recommendation in supporh'f the propos'ed vacation at the Public Hearing meeting on June 19,
2007. CitYC()uncil held a public hearing and conducted a first reading of the vacation ordinance
at the regular meeting on July;j, 2007.
';'~., .
Staff recommended that Council provide direction to staff and staff would provide findings either
in support or against tlie "foposed vacation ordinance. Those findings would be brought back to
Council on September 17 for formal action. .
Councilor Ballew asked if the file in front of Mr. Limbird included any duplicate documents or
,
just originals documents for this vacation.' ..
Mi, Limbird said most of it was single copies, There were a number of submittals that had been
given to the Planning Commission and since the public hearing was opened on July 2 there had
been additional written testimony. .
City of Springfield
Council Regular Meeting Minutes
July 16, 2007 '
Page 16
Councilor Ballew said she had submitted written testimony to the Planning Commission meeting
and did not see it in her packet.
Mi. Limbird said he had not seen that document.
Councilor Ballew said she had provided it before the end of the Planning Commission meeting.
Mi. Leahy asked if Councilor Ballew had an additional copy of that document.
Councilor Ballew said she could run it off of her computer.
. Mr. Leahy said they would provide it in the record once received.
Councilor Woodrow asked if Council was in favor of staff providing findings in favor or against.
Councilor Ralston said he would prefer to take action now rather than waitiOg until September.
Mi. Leahy said the site plan that Council approved' allowed the project to go forward either way.
It was the recommendation of the applicant that B Street be vacated, but if it was not vacated, the
project would still go forward. If Councilor Ballew had afty recollection of what she had in the
letter, he asked that she provide those comments now, followedby the letter.
Councilor Woodrow said he believed he saw that letter in one of the first public hearings.
Councilor Ballew said one point in her letter was tlm.t a parking lot and storage facility didn't
outweigh the benefit to the public of an open public street for connectivity purposes,
"1'," '. "." -," .
Following an infofIl)ational polling, it was noted that 4 were in favor and 2 opposed to the
vacation of B Street. StiUf would provide findings in favor.
~ ~. ..~, .' , ":'..' ~ ..' '," 'i"
Mi. Leahy reminued C()uncilth!iY, could change' their mind on September 17 if they chose.
; j"' '. "." ~ .~, :1',
_' '.'.i,"_'
Councilc,rBallew said she'also noted in herletter that 1100 people being diverted out of their
destination point was not ~'gcSqd public policy and it interfered with connectivity. .
'-:..'~,;; . '\~?~,
3. Internatioi1al Fire Code Adoption, 2006 Edition.
'{i~~:~.,:_" ,;::~\, '
ORDINANCE'NO. 6204' - AN ORDINANCE ADur Ill',G A FIRE CODE FOR THE CITY
OF SPRINGFIELD BY ADOPTING. AMENDING. AND ADDING ARTICLES TO THE
STATE OF OREGON 2007 FIRE CODE AMENDMENTS REGULATING AND
GOVERNING THE SAFEGUARDING OF LIFE AND PROPERTY FROM FIRE AND
EXPLOSION HAZARDS ARISING FROM THE STORAGE. HANDLING AND USE OF
HAZARDOUS SUBSTANCES. MATERIAL AND DEVICES, AND FROM CONDmONS
HAZARDOUS TO LIFE OR PROPERTY IN THE OCCUPANCY OF BUILDINGS AND
PREMISES AS HEREIN PROVIDED: PROvIDING FOR THE ISSUANCE OF PERMITS
AND COLLECTION OF FEES THEREFORE: AND. EACH AND ALL OF THE
REGULATIONS. PROVISIONS. PENALTIES. CONDmONS IN THE CITY OF .
SPRINGFIELD. REPEALING ORDINANCE NO. 6098 ADOPTED OCTOBER 18. 2004.
OF THE CITY OF SPRINGFIELD. AND DECLARING AN EMERGENCY
/
City of Springfield
Council Regular Meeting MInutes
July 16, 2007
Page 17
Fire Marshal Al Gerard presented the staff report on this item. The Department of Fire & Life
Safety is currently enforcing the 2004 Edition of the International Fire Code with Oregon
Amendments, The Fire Code adopted by the city must be consistent with State Fire Protection
Statutes, and equal to or more stringent than the Fire,.Code promulgated by the State Fire Marshal.
The State Fire Marshal has adopted the 2006 Edition, of the International Fire Code with an
effective date of April I, 2007.
Adoption of the. 2006 Edition of the International fire Code with Amendments will enable the
Department of Fire & Life Safety to provide a high level offire safety p!!ltection within the City.
This is an emergency adoption in that this Ordinance shall take effect iininediately upon its
adoption by the Council and approval by the Mayor so that the Cityof Springfield Fire Code is
compliant with the Stare of Oregon 2007 Fire Code Amendments which liecame effective April I,
2007,
. .
Replacement of International Fire Code books have totaled approximately $1'725 spent out of the
06-07 budget.
Items to Note:
. 2007 NFP A 10 Fire Extinguisher Standard has changed from allowing an
owner/occupant to provide annual serving of the fire extinguisher to requiring fire
extinguishers to be serviced by a traiitedcertified person. . ,:. '
. Excessive False Automatic Fire Alarin Activations are subject to citations under
provision 109.3.1 of the Fire Code. . '
. Failure to comply with fire code regulations within the Springfield Urban Growth
Boundary will be pursued through Circuit Court in areas outside the city limits.
. Vegetation capable of being ignited and hazardous to protected property of another will
require a fuel break: ' ,"
f, ';,' " ,I
Councilor Pisliionb said page i,'lQ5.6.~: refeh-~d to fireworks retail sales permits. He then
, -- '.....,
referred to'page 2; 105:6.14 which also referenced a permit for explosives, which could include
fireworkS, He asked if fii;works sales would be required to get two permits.
. . "i. ,," . \~~;'"
." ~ ~;,. '.
Mi. Gerard s3i~ the retail sale{referred to in 105.6.c was the retail sales to the general public.
Section 105.6.14 allowed a business to create fireworks. There would not be double permitting. It
was written frondhe.8tate fire code. Springfield Fire and Life Safety would never intend by
policy to double charge,.He smd that could be dropped if it caused confusi!ln. It was at the Fire
Marshal's discretion.' ..
Councilor Pishioneri referred to Page 5, section 105.6.48, the last sentence regarding collection of
permit fees. It indicated those fees went to the Hazardous Materials (HazMat) fund or the General
Fund at the discretion of the City Manager. He asked for clarification.
Mr. Gerard said the HazMat fund was part of the General Fund.
Mr. Grimaldi said the allocation of funds would be determined through the budget process. There
was not a separate fund.
City of Springfield
Council Regular Meeting Minutes
July 16, 2007
Page 18
Councilor Wylie said she assumed categories that had been deleted had been wrapped into other
areas of the Code.
Mi. Gerard said they had been deleted either because of lack of resources or because there was no
need to enforce those operational permits. He explained.
Councilor Wylie asked about carnivals or fairs.
Mi. Gerard said they were already covered by special events, permits in Development Services
Department (DSD).
Councilor Ballew asked about the provision on vegetation and fuel.breaks. Previously people
with grass over a certain height were required to keep it mowed.. '
Mi. Gerard said in 2001, the ordinance for dangerous vegetatioiiwas repealed. He explained that
ordinance and the enforcement of that ordinance. The CitY bad grown out to apoint where there
were a lot of fire breaks (streets) and there were very,few segregated properties \Vith long
stretches of grass. hi 2004, the City adopted the InteIDational Fife Code, which had. provisions for
dangerous vegetation. The definition in that Code was very vague. In the current Code adoption,
there was a definition for fuel break on page 7, Section 302: On page 8, Section 304.1.2,
parameters were put into place for protecting the property with a fuel break He explained that a
fuel break was a ten foot wide strip along the property line where there was a protected property
beyond that property. A protected property was a property that could house people. That
provision gave the Fire Marshal the ability to require that fuel break where there was dangerous
vegetation. ' .' ..
\
Councilor Ballew noteda'fleld iiext to one of the fire stations that had tall ilrass. She asked if they
, had required the property.owner to cUt the grass,
<\f't.\. J' _;,.
Mr. Gerard said this ten fo6t provisiOliwas ne~. Many of the issues they had tried to deal with in
the past were sma'! properties: ~s new provision addressed the fire hazard rather than the
nuisance aSpect. Mf:Ge~d saidi# doing a search over the last five years, he wasn't able to find
a situation where a field fue lead tOea house fire. Along with the natural fuel breaks, the City had
the F&LS response that w(},ild,come iri and handle the situation.
~-'~/~:~;:;",';~~~:! .." . ,
Mr. Gerard diScllssed the question regarding banning fireworks. He said the City could pass an
ordinance that ba1med fireworjcs in Springfield. The City would need to be careful not to ban
items that were cOnS;d~red Jlteworks, such as sparklers and party poppers, and also public,
fireworks display such as,'those in the Light of Liberty event.
Mayor Leiken said he was not requesting that an ordinance banning fireworks be drafted. He felt
it was a much bigger problem than for Springfield alone. . .
Mr. Gerard noted that they were legal fireworks that killed the yotlng boy on the 4th of July.
IT WAS MOVED BY COUNCILOR LUNDBERG WITH A SECOND BY COUNCILOR
WOODROW TO ADOPT ORDINANCE NO. 6204. THE MOTION PASSED WITH A
VOTE OF 6 FOR AND 0 AGAINST.
CitY of Springfield
Council Regular Meeting Minutes
July 16, 2007
Page 19
BUSINESS FROM1HE CITY COUNCIL
1. Business from Council
a. Committee Reports
I. Councilor Ralston spoke on the Human Services Commission (HSC). The HSC
passed their budget after lengthy meetings. They discussed future governance of the
HSC and the health centers. He would now be serving on a special committee that
would be meeting two or three times a month. This committee would be looking at
ways to cut costs while still providing services to citizeil!l:'
Councilor Ralston spoke on the Lane Regional Air protection Agency (LRAP A). ht
addition to requests LRAP A had received to regulate dust, vehicle emissions, and
global warming, they received a complaint frol)l !l citizen on B Street regarding a
smell coming from Borden or Weyerhaeuser. Someone else wanted to regulate aerial
spraying of herbicides in the forest lands and rural areas and another person wanted
LRAPA to stop jets from flying over Sp~~field. .
2. Councilor Pishioneri said he went to the Lights of Liberty show. Springfield Utility
Board (SUB) did a great job; it was well organized, and well attended. The Police
Department had the bicycle patrol on hand and F &LS were also there. It was a very
nice community event and he thaftked SUB and the donors for putting on this show.
. '~.. ;;~ ' . . '. .
Councilor Pishioneri reported on the McKenzie Watershed Council. .The Council
I' "
went up to thetelllperature control to:we~ at Cougar Reservoir. They had opened up
several miles ofD.ew habitat for Chinook. '
3. Mayor teiken said the Metropolitan Policy Committee (MPC) went well.
jot', _:>:;. . .s'
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C.,
L Milyor Leiken sll!~the official kick-offfor "Eugene 08" (Olympic Trials) wits held.
Springfield would be playing a role in this event.
i' ."
4. Councilor Wylie thanked the Mayor for his energy, good humor and good will he put
into the Simps~n's contest. It was all m~t in good fun and good spirit. .
It was noted that the horse statute would be painted back to white shortly.
Mayor Leiken said Springfield would receive a private screening the day before the
movie opened to the public (July 26).
5. Councilor Ballew referred to the Olympic Trials and said a lot of people, particularly
the news media, would be housed' in Springfield. She asked what els'e the City was
doing regarding other events.
City of Springfield
Council Regu1ar Meeting Minutes
July 16, 2007
Page 20 .
Chief Smith said the City wasn't doing any special events, but were working with
City of Eugene, Lane County, State and other City law enforcement in doing some
planning ahead of time. They had developed some protocol. There was no special
event that he was involved with.
Councilor Ballew asked if we should be.
Mayor Leiken asked CommUnity Relations Coordinator Niel Laudati to speak on that
and also send out an email regarding an~ events.
Mr. Laudati said the City of Springfield had been partneJjng with Eugene on various
committees including hospitality and emergency services.'He had a detailed calendar
he was working on with Willamalane for specific SpriDgfield events. Once that was
finalized, he could send Council a draft. :.There would be specific Springfield events
that took place during the TrialS.
6. Councilor Pishioneri added some information on the McKenzie Watershed Council.
Chuck Gottfried, Environmental Services staff, had some car wash kits that would
prevent petroleum products and soap' goiu"g down drains, , These kits wOuld be
available for fundraising groups. He suggested letting those groups know of this kit
and that they could contact Mi. Gottfried.
BUSINESS FROM THE CITY MANAGER
'."-
1. Approval of Contract for Design of the Thurston Fire Station - P20534.
,",
Project Manager Carole1:<illJpel presented the staff report on this item. On May 21,2007, staff
presented the recommendation of the Fire Station Architect Selection Committee. The staff
recommended Paul L. Beirtley, Architect for the design of the Fire Station. The Council
authorized staff to negotiate'<('con1:iiict with the firml'Staffhas completed the negotiation of the
?',' .'f..',.~, '--, <' .. -J" ,....:
fee and is reyiewmg final estiIruites for reimbursable costs.
..1....-. ,",/ _ -, ".-'i',
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On May'Zl, 2007 the C6uricil authorized staff to begin negotiations with the firm, Paul L.
Bentley; Architect. The attiU:hed draft agreement provides for a fee of $228,250 and reimbursable
.costs ofaPpro~mately $10,009.. The proposed contract includes the provisions as required in the
Request for Prop!,sals, including full design and construction administration services. The first
document to be prel!ared by the architect will be a space and functional program. This program
document will set out the space requirements and functional adjacencies for Springfield Fire and
Life Safety. The program \0ll be used as the basis of design for Fire Station # 16 (formerly Fire
Station # I) and it will also be a valuable tool for any future remodeling of existing fire stations or
design of other new fire station facilities.
The design of the facility will incorporate ~ustainable design and energy saving opportunities in
order to ensure that the facility is as efficient as possible to operate, At each of the major design
milestones, the architect will prepare a construction cost estimate in order to ensure that the
project is within budget. The design schedule will also include opportunities for public review
and comment on the design.
City of Springfield
Council Regular Meeting Minutes
July 16, 2007
Page 21
Ms. Knapel said there were three outstanding issues to wrap up in the next few days, but staff
wanted to bring this to Council before their recess. The three items were:
. Itemizing sillne reimbursable costs
. Clarification on the indemnification clause language
. Addition of a clause clarifying project organization and communication
, Ms. Knapel said with finalization of those issues, staff would ask that Council authorize the City
Manager to execute the final contract.
Councilor Ballew said she didn't see Mi, Leahy's stamp on the contract yet.
" .
Mi. Leahy said he had been involved in this contract from the beginlling. The provisions that Ms.
Knapel had outlined were still outstanding issues. Staff would like Council to see as much about
this contract as possible, rather than presenting it to the City Manager during the Council recess.
His recommendation was for Council to give approval subject to the resolution of those issues,
and thatit would not go forward for the City Manager's signature without the City Attorney's
stamp. .
Councilor Ballew said she appreciated the draft, but didn't feel comfortable taking action, She
would like to see a more complete project when. coming to Council for approval in the future. She
said she understood there were always exceptions.' .
IT WAS MOVED BY COUNCILOR LUNDBERG WITH A SECOND BY COUNCILOR
WOODROW TO AUTHORIzE THE CITY MANAGER TO EXECUTE A CONTRACT
WITH PAUL L. BENTLEY, ARCIDTECT IN THE AMOUNT OF $228,250 FOR
SERVICES AND APPROXIMATELY $10,000 FOR REIMBURSABLE COSTS TO
PROVIDE FOR DESIGN SERVICES FOR THE THURSTON FIRE STATION AFTER
APROVAL BY THE CiTY ATTORNEY. THE MOTION PASSED WITH A VOTE OF 6
FORANDOAGAINST;~-.~., ,. It'
.~. "'\::,, ,- . ",
,_1 ('. ~_.'l '
2. Agreel!lent to.~ex Proj;~rty to the CitY of'Springfield (progress Investment Group, LLC-
Case Number LRP209.?-00003)., .
',,' , ';r..n 'c',.
, _ ',i',",,:. '.f;._>
Cominuiritypevelopment Mapager John Tamulonis presented the staffreport on this item. As
property ow4fr,. ProgressInv~.S):ment Group, LLC, has requested annexation of abont 7.05 acres
of property 10Catedin the 400block north of International Way, currently vacant but for a'filbert
orchard. The arni~Xation woUld fucilitate development of three office buildings as a business park
development in the Campus industrial zone. The legal description and map of the property
proposed for annexation is in Attachment I, Exhibit A. The Annexation Agreement has unique
aspects because of the location of the property proposed for annexation and its relation ,to likely
key future transportation system improvements the 9ty may need in Gateway.
The property proposed for annexation abuts the current City limits along its south and west
boundaries and sits wholly within the Urban Growth Boundary (UGB). Existing utility
connections are available.to serve this property along its International Way frontage. In
accordance with Springfield Development Code Article 6.030(2), the site can beserved with key
urban facilities and services, including but not limited to City utilities, police, fire protection,
library, parks and recreation, and schools, .
City of Springfield
COullcil Regular Meeting Minutes
July 16, 2007
Page 22
An Annexation Agreement negotiated between the applicant and City staff (Attachment 1)
includes conditions for owner-built private transportation improvements and how they will
connect to the public system at Maple Island Road's northern roundabout (Section 1.2), The
Annexation Agreement also includes Progress' payment required to fund off-~ite transportation
and stormwater improvements (Sections 1.4 and 1.5). Progress intends to build either a 2/3 or
full private street to City standards as a north leg of the roundabout. The City would, through an
Option Agreement (Exhibit B of Attachment 1) have the opportunity to aequire in the future the
private transportation improvements by compensating Progress for land costs and private road
construction. The City's future costfor acquisition would be Progress' actual land and
construction costs inflated annually by 3% during the ten-year Option period. This unique
arrangement was based in part on staff working to obtain and retain the 'opportunity of a key
future link in the Gateway area's transportation system while considering how that link adversely
impacts Progress' development--the future right-of-way and street represents nearly one-seventh
of Progress' entire site. Legislation effective 7/1107 is being researched regarding its potential
impact on this agreement; results might .include a minor m,odification to the attached agreement.
The Public Hearing and City Council action regarding a'Resolution for reconuriending annexation
would occur July 23,2007. The City Council Resolution, if approved, would be serp: to the Lane
County Local Government Boundary Commission as an'~xpedited process at Progress' request.
Mi. T~ulonis displayed maps showing the subject property and the roadways that would be
affected. He explained the annexation agreement and option on part of the property for the right-
of-way. He distributed a more current annexation agreement. The 'seventeen pages of the option
agreement were included. There were outstaftding questions regardillg recent legislation passed
by the legislature during the last session that went into 3:ffect July 1, 2007. Staffwas trying to
make sure all the ~I',,,vl'riate information was included in the agreement to address that
legislation. He explained thc'option for purchasing the right-of-way. He outlined some of the
selected annexation agreement terms which showed the investment of Progress Investment Group
and the costs by the City:', " ;., .
;: ~ . ,~ '", . ".. ' .
Councilor Ballew said normally 'w.ith a devel{)pmerit, the developer would construct the streets
and sidewalkS and the aeyeloper would give the City the right-of-way and the City would pay
.- .. "". .-, -,;,.' '"
half the cost of constructi&D.' ",
',.:-'.
. Mr. Tam';f<i~~,~t was the n?~al prbcedure provided the developer was taking access.
Councilor Balle~Vsaid in this ease, the street would be built as a private road, but by the same
standards as if it wiuta City street with sidewalks and improvements. Correct. Also in this case,
the City could exercise the option, within the next ten years, to purchase the street and pay half of
the construction costs, . , .
Mr. Tamulonis said the City would pay them half the current value of the right-of-way of
$205,000, plus the actual cost of constructing the road, escalated over time.
Councilor Ballew asked why the City would pay for,the right-of-way.
Mr. Tamulonis said the property owner could get access on to International Way, but the distance
between the road and the proposed roundabout were too close, making it unsafe. Other options
were explored, but it was determined it was easiest in the manner described in the agreement. The
City of Springfield
Council Regular Meeting Minutes
July 16, 2007
Page 23
reason the City was paying for half of it was because the City was asking for about fifteen to
sixteen percent of the property, a substantial amount of property to be moved out of the
development.
Mr. Leahy said at the time the City did the development for Royal Caribbean, there was
discussion about the access through Royal Caribbean to the Knox property on the north. That
access was eliminated by the City. There was an agreement with the owner of the Knox property
and the City that the City would endeavor to complete access around to the Knox property. This
agreement accomplished that., He said everything had been worked through on this project with
the developer. Effective July I, legislature became affective regarding developer built public
improvements that were later turned over to the City, The Bureau of Labor and Industry (BOLl)
lobbied for legislature that if seventy-five percent of.the public improvement was going to be
used by the public, it had to be built at prevailing wage requirements. The City didn't want to be
ill a position where the City was negotiating or accepting property that hac! not been built with
BOLl preVailing wages. For this situation, and in all future public improvemeuts of this type, the
improvements would be built using prevailing wages, which wO!lld add unanticipated cost to the
developer. It would be more costly to put public improvements in than in the past.
,
Mi. Tamulonis said the City might ask for dedication soinetime in the future and then build a road
in the future. Depending whether or not the developer wanted access on the road, there could be
other options. I
Councilor Ballew confirmed that the City was not obligated to assume that road. Correct.
~ . . .
Mr. Tamulonis said it would have to be a Council acJ:ion with aspecified cost at that time.
,..', "
Councilor Ballew asked what would happen if the ,City didn't take any action on the street after
the ten years. .
",
Mi. Leahy said the option~~4Id disappear or the Ci~ could acquire it by eminent domain.
'. ,,',' ". .t....'
l'"
,-, \:' 2'.....,{ .~. . . ..,:-. '
Mr. Tamuloiiis said the' City could also renegotiate the agreement to extend the time.
',< . " '-, "~<." '..
. . '._~. . . . .
Councilor Ballew said the 'Cify would be better off acquiring it at current land value.
:..~-:..'1:. -,'I..
Mi. Leahy said:~ was tryiriii to create a document that made sense. .
'.,.~ji'-\
Mayor Leiken thaflk:ed Mr. Tamulonis and the developers for working together on this agreement.
He thaftked the developer. it was a huge investment and the developer was looking to bring a
large number of employees to Springfield. The legislature was not acting in the best interest for
cities in Oregon. This may be the first test case scenario, and the City may have to continually
review this option. It was a good creative way to work with the developer. This was a good way
to move forward. '
Councilor Ballew asked if there was intent to put utilities under the road.
Mi. Tamulonissaid he did not know. That would be discussed tomorrow. He deferred to Public
Works, Transportation and the Planniitg staffwho would be bringing this back to Council on July
City of Springfield
Council Regular Meeting Minutes
July 16, 2007
Page 24
23. He also thaftked the developer and his attorney for coming up with creative ways to address
these issues.
Councilor Ballew asked when the Boundary Commission was out of existence.
Mi. Towery said the Boundary Commission would no longer exist as of July 1, 2008. The actions
recommended to the Boundary Commission before December 31, 2007 would continue to be
processed through the Commission. From January 1, 2008, there would not be any actions that
would go to the Boundary Commission. Once the Cio/ took over that function, it would only go
to the County if County action was required. The jurisdictions were working with Lane Council
of Governments (LCOG) for adopting common ordinances and processes,
NO ACTION REQUES1fD.
BUSINESS FROM THE CITY ATTORNEY
ADJOURNMENT
The meeting waS adjourned at app,vAJnately 9:30 p,m:
Minutes Recorder Amy Sowa , '
I .' Sidney W. Leiken
"Mayor .
Attest:
.,',"
,: ,~. ,;'..,
.,
~
City Recorder
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}
ORDINANCE NO.
6200
(Gencral)
AN ORDINANCE AMENDING THE METRO PLAN DESIGNATION OF APPROXI.'
MA TEL Y 5.24 ACRES OF LAND, IDENTIFIED AS LANE COUNTY ASSESSOR'S MAP 17-
02-32-00, TAX LOTS 400 & 402 FROM LIGHT MEDIUM INDUSTRlAL (LMI), TO COM-
MERCIAL WITH AN AUTOMATIC REDESIGNA TlON TO THE EAST MAIN 'REFINE-
, MENT PLAN FROM LMI TO COMMUNITY COlYlMERCIAL (CC).
THE COMMONCOUNCIL OF THE CITY OF SPRINGFIELD FINDS THAT:
1. Articlc 7 of the Springfield Development C<ide sets forth procedures for Metro Plan dia-
gram amendments; and .
2. Springfield Development Code Section 7.1 iO(4) states:
,"When a Metro Plan amendment is enacted that requires an amendment to a refinement
plan or functional plan diagram or map foA:onsistency, the MetroPlan diagram
amendment automatically amends the refinement plan or functional plan diagram or map
ifno amendment to the. refinement plan or functional plan text is involved..." ; and .
3. Article 8 of the Springfield Development Code sets forth procedures for Refinement Plan
diagram amendments'; and . .
)
4. On March 16,1,,2007 the applicant/owner of the subject property initiated the following
Metro Plan Diagram amendment with automatic am!"ndment to the East Main Refinement Plan:
Redesignate approximatelyS24 acres of larid on the Metro Plan Diagram from Light
Medium Industrial to Commercial with automaticredesignation of said property on the
East Main Refinement Plan diagram from LMI to Community Coml11ercial (CC), Case
Number LRP2007-000l3, for property identified as Lane COllnty Assessor's Map 17-02"
.32-00, Tax lots 400 & 402; and
5. On June 4'1" 2007,the Springfield Planning Commission held a work session arid public
hearing to receive testimony and hear comments on this proposal. A second public hearing was
held on Ju~e 18th, 2007 after the written record was left 'open for seve'n additional days and after
reviewing additional written testimony. The Planning Commission deliberated and votedunani-
mously (5~0) to forward a recommendation.of approval to the City Council; and
. 6. On July2od, 2007 the Springfield City Council held a work sessi.on and a public hearing
to consider and toreceive testimony and hear conlm'ents on this proposal. The City, Council is
, now ready to take action on this proposal based upon the above recommendation and the evi-
dence and testimony already in the record as well as the evidence and testimony presented at this
public hearing held in the matter of adopting this Ordinance am'endingthe Metro Plan Diagram.
alid East Main Refinement Plan Map.
NOW THEREFORE, based upon the foregoing findings 1-6 the City of Springfield or-
dains as follows: .
)
Section ]. The Metro Plan designation of. the subject property, more particularly de-
scribed in Exhibit A attached hereto and ilicorporated herein by reference, is hereby
O amen d from Light Medium Industrial to C.ommercial.
ate Received:' to ()7,' ,
Planner: DR ORDINANCE No. h?nn.
PAGE I OF2
)
'.
"
Section 2. The East Main Refinement Plan designation of the subject property is hereby
amended from Light Medium Industrial to Community Commercial. .
)
Section 3: If any section, s~bsection, sentence, clause, phrase',.or portion of this Ordi-
nance is for any reason held invalid or unconstitutional by any court of c'ompetent juris-
diction, that portion shall be deemed a separate, distinct, and independent provision ~nd
that holding shall not affect the validity of the remaining portion of this Ordinance.
FURTHER, although not part of this Ordinance, the Springfield City Council adopts
findings 1-.6 herein above, and the findings set forth in the SiaffReportwhich demonstrate con-
formance of this amendment to the Metro Plan, applicable' State statutes and applicable State,
wide Planning Goals and Administrative Rules, and is attached as Exhibit A.
ADOPTED by the Common Council of the City of Springfield this 16th day of
Julv ,2007 by a vote of ~ for arid ~ against.
APPROVED by the Mayor of the City of Springfield this 16tl1layof
,
July
,2007.
.. (\. .,..~
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Mayor I cr
)
ATTEST:
.~~
City Recorder d
REVIEWED & APPROVED
AS TO FORM .
~U".>f'll'n ~ \.~\"""1
DATE..k.2.B-n1 .
OFFICE O~ CITY ATTORNEY
)
ORDINANCE NO. '1\700
PAGE 2 OF 2
EXHIBIT A
SPRINOprtJ!tl..D
Type \I Metro Plan .Map Amendment
. & Zoning Map Amendment
Staff Report and Findings
Hearinq,Daie:
June 4'", 2007 - Planning
Commission
June 18'", 2007'-
Planning Commission
July 2nd, 2007 - City
Council
Aoolicant
PeaceHealth Oregon Region
123 International Way
Springfield, OR 97477
Case Number:
ZON 2007-00012
LRP 2007-00013
Owner
. Aoolicant's
Reoresentative
Philip Farrington, AICP
Director, Land use
Planning & Development.
PeaceHealth Oregan
Region
123 I.nternational Way
Springfield, OR 97477
I
Hyland Business Park, LLC (TL 400)
Attn: Shaun Hyland 0
1941 - A Laura Street
Springfield, OR 97477
Andrew Head (TL 402)
1616 Ardendale Lh.
Eugene, OR 97405
. ,
Date Submitted: March 16th, 2007
,
,
EXECUTIVE SUMMARY:
.I, .
The applicant is seeking' approval of a Metro Plan,Amendment I Refinement.Plan ·
Amendment and a concurrent Zoning Map Amendment from Light Medium Industrial
(LMI) to C~mmunity Commercial (CC). As described in the Springfield Development
Code, a Refinement Plan Amendment automatically occurs on a site concurrently with a
Metro Plan Amendment if no new Refinement Plan text is needed or proposed: The
applicant is requesting 'these amendments in oraer to pursue a future Medical Office
. building on the subject site. The subject site is located within the East M~in 'Refinement
Plan area.
The subject site is located near 44'" and Main Street (Highway 126)'. The site consists of
two parcels, and is located on approximately 5,24 acres identified as Ta~ Lots 400 and
402 on Assessor's Map No. 17-02-32-00 The majority of the site is vacant (TL 400), with
some small .vacant buildings on site. The smaller of the two subject.lots, TL 402, has all
existing commercial developmellt Oil-site. Properties located to the n()rth are zOlled alld
designated heavy industrial Parcels located we'stof the subject site are designate'd
mixed-use on the East Main Refinement Plan. Property located eas't of the subject site is
designated LMI Properties located south of the subject site" across Main Street, are
zoned and designated Community Commercial. '
As mentioned ill findings in this report, Staff supports theproposed,M~tro Plah!
Refinement Plan and Zoning Map Amendment As noted in the City of Springfield's 2000
LRP2007.000 I] & ZON2007.000 12
ATTACHMENT
<;-1
Commercial Lands Study, there is a shortfall of commercial lands within city limits. The
1992 Industrial Land Inventory and the City's adapted Goal 5 analysis support the fact
that there is a surplus of industrial land in the Metro area. The Metro Plan allows .
amendments such as that which is proposed to allow City's to modify land use pattern~
as demand and the community's vision change aver time. The proposed Metro Plan
Amendment is a Type 11 Amendment, meaning it is .site specific and is located within the
city limits,
In order to approve these applications, the applicant must demonstrate compliance with
the Statewide Planning Goals, Metro Plan, Oregan Administrative Rules, State Statutes,
and,demonstrate the ability to service the site with adequate public facilities and
services.
This Staff Report provides findings of fact relevant to each of the applicable criteria of
approval. and recommendations to the Planning Commission. Upon review of the .
. evidence provided by the applica'nt, site visits, existing structures/uses and review of the
applicable criteria of approval, staff finds that the applicant's request far a Metro Plan /
RefinementPlan Amendment and concurrent Zoning Map Amendment from LMI to CC
is appropriate for the subject property and recommends the Planning Commission .
approve the attached Order and forward the proposal to the City CounciL with a
recommendation far adoption. .
REQUEST:
The applicant is requesting approval to change the map designation an the Metropolitan
Area General Plan ("Metro Plan") diagram from Light Medium Industrial (LMI) to
Commercial far approximately 5.24 acres located near Main Street and 44th Street. A
Metra Plan Amendment at this time (not during Periodic Review) is known as aPost
Acknowledgement Plan Amendments (PAPA). This same acreage on the site is being
proposed far a concurrent amendment to the Springfield zoning map from LMI to..
Community Commercial (CC), as allowed in Springfield Development Code (SDC)
12.020 (1)(a)1" .
Pursuant to SDC 7.110 (4), approval onhe requested Metro Plan diagram amendment
automatically amends the refinement plan diagram and is processed concurrently.
Findin'gs of fact addressing the criteria of approval in SDC 7,070(3) are included in the
applicant's narrative statement and inthis report.
SITE DESCRIPTION:
The subject site is located on approximately 5.24 acres identifiedas Tax Lots 400 and
402 on Assessor's Map No. 17-02-32-00
The subject properties include a' vacant, Hat parCel (Tax Lot 400) and existing
commercial development (Tax Lot 402) east of 44th Street along Main Street in east
Springfield The site is bordered on the south by'Main Street, an the east by the Hyland
Business Park, an the north by an open area soutll of the Weyerhaeuser mill site (Tax
Lot 400) or an existing commercially zoned parcel (Tax Lot 402), and on the west.by
other small-scale commercial enterprises (e.g., a cabinet shop and karate school)
fronting Main Street and residential homes along 44th. Street west of Tax Lot 400.
lRP2~07'OOO I J & ZON2007.00012
--.Ji- 2
..
2
Commercial enterprises are located immediately south of the site across Main Street
(e,g., Gray's Garden Center).
While historically involved in agricultural uses, since around 1990 Tax Lot 400 was used
as a storage and sales yard for landscape organics and forest by-products. The'current
property owners also used the site to store modular construction offices, tool trailers,
construction equipment and concrete form plywood.. Tax Lot 402 has had various
commercial services on site since the 1950s.
The properties have no jurisdictional wetlands or inventoried Goal 5 natural or. historic
resources. The site is within the Springfield Urban Growth Boundary, and both parcels
were annexed into the City of Springfield in 1960. The East Main Refinement Plan
(EMRP) diagram (adopted in 1988) currently designates. the subjw:t property for
industrial uses.
The abutting property to the east is designated Light/Medium Industrial in the EMRP
diagram and zoned LMI. The areas immediately to the west and.south of the site
fronting Main Street are identified as being within Mixed-Use Area#2 in the EMRP, and
are all zoned Community Commercial. Property to the west of Tax Lot 400 along 44"'
Street is zoned and designated Medium Density Residential.
LRP2007.00013 & lON2007.00011
3
<;_1
Existing & Proposed Metro Plan Designation:
i
, .
,
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/_---L".~,/ :-j j-
/--~~/-,'I hrll L
./ :: J 1'----1 I~i ~
<,) )-c-CJ ~r-- WA3
/" I I I
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Tlm-I
I ----;
,
!----j
i
,-----'
I
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t r--- l
Iii I 1'-1,',';
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--.-'---.--
I .-.C---.I, .,.-.
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:---~~
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~ Change from Light'Medium Industrial to Commercial
Metro Plan Designation
III Commercial MU
D Light Med.lndust
D Low Den. Res.
D Med. Den. Res
.. Heavy Industrial
~~
1~'1T U'.nu ~urf/lnll"" VottoJ"''''''fxmy /frl,'p",tl"<'!
tA'.nu<."""."llfL."plJfU1h'liry!/lf,"'yl<J.'Sufdn"'a);"'''uI1Ig'
fm",,,nY .ftW. """"'<If! rr {lJ"m.lflnl "'''"''''''"?"I I'"" pmcJ"c!
"0
:DIJFeet
June, 2007
LRP2007.0001J & lON2007.000/2
4
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Existing & Proposed Refinement Plan Designation:
'I
-'.J
.il.,i
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.-..- .-\. :-" !
J-
M<lN ST
I
l
I
'j
~
00
,
~
~
00
i
:'---i Ii' '1
1--1 II : i~
1_~_--j~"..~,.J._._..__-L~____...,_~
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,---, I I
,__L_LJ. . .
!r
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....---'--
f--lfc .'
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IlL
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W Change from Light Medium Industrial ILMI) to Community Commercial ICG)
Refinement Plan
III Community Commercial
Low Dens ity Residential
Medium Density Residential
Ught-Medium ledustrial
m Heavy ledustrial
:ii.::.;J Mixed Use 2 & 3
~-
1/1~ afT ,," ",n,Nn'"'' ';'''1 ~U:O~rI.v iJr" prt.d"<'1
L.....iJ...... Us~n""~l&I7t~/JJI ,<apcvu'lb,blyjO~"".~ Ion /Jrdo:'."'''~'"ru,''g.
~~ . fru"'''''l.m)"'''''Wl(/<T<T;ZU,nol'WJl,,,'',-''''''c.vl1flh'sprvd~<'1
June, 2007
I
100 3:lOF~
LRP2007.000 /3 & lQN2007.000 12
5
o;-h
Existing & Proposed Zoning:
I .
. ~--l
---------
.J ! I -. .. ---.,.,-----,".c---.-
< . .J~-_L"~-L '.0__ .~".
'(---~~_..
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", .... ,-.,.
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m Olange from Light Medium Industrial (LMI) to Community Commercial (Ce)
Zonirg .
Medium Density Residential
Lbw Dens ity Residential
_ Community Ccmmercial
Ught Medium I ndus trial
_ reavy I mustrial
~~
P,.", ~"',~U ..u,.,.....,/'.. 1J""....,,,'''1'''''.. ,h..' "",<i.c,
Uun ""","m' all r6f1VIIJlIl,11I.vjUr Qn.v iu", onJamagt! "ru.ng
fromonYl!TrrJ'. "n":r"'''''''tn''''''''Ulv!Q(;''VTlC.V~/iJr''f'''''''U:1
'"'
;no FUl
.
June, 2001
. LRP2007.000 IJ & lON2007-000J 2
6
"-1
Existing Site Conditions:
Existing commercial uses on TL 402
Existing modular units located on TL 400
LRP2007.000 / 3 & ZON2007.000/2
Existing empty structures on TL 400
Existing business park on property located east of TL
400
7
<;-R
REVIEW PROCESS:
The proposed Metro Plan Amendment is a Type:1I Amendment because it is located
inside the city limits and is site specific. The applicant has requested that application
ZON2007-00012 (Zoning Map Amendment) be raised to a Type IV review procedure
and be reviewed concurrently with the Type II Metro Plan I Refinement Plan Amendment
Application LRP2007-00013. These two applications use similar criteria qf approval and
have been combined into one staff'report for ease of review. Both applications have
criteria requiring consistency with the Metro Plan and other similar criteria Rather than
repeat these criteria for each application, they will be addressed only once and then
referenced where appri:Jpriate. Criteria that are different will be addressed sep'arately;
the end result will be that all applicable criteria will have been addressed.
This application was submitted to the DevelopmentServices Department on March 16"',
2007, and deemed as complete on April 11 th, 2007. Notice for both applications was
mailed to Department of Land Conservation and'Development (OLCD) on.ApriI16"', .
2007. Notice of the public hearing date was mailed out on Th,ursaay, Aprillg, 2007 to
property owners within 300 feet of the proposed zone change per Section 14.030 (1) (a)- .
(n) of the SOC. Public notice of the hearing was published in the local newspaper
(Register Guard) on Nay. 17"',2007, as required in Section 14.030 (2) of the SOC. No
written comments were. submitted at the time of issuing this report.'
'.
METRO PLAN DESIGNATION:
The subject property is designated LMI as shown in the Metro'Plan diagr;;lm. The
subject property is part of the East Main Refinement Plan (EMRf), which provides a
more localized scope related to Plan Designation. The subject property is designated
LMI on the Refinement Plan Diagram. Specific Findings related to the Metro Plan and
EMRP Street' Refinement Plan Designation are written in this report.
METRO PLAN DIAGRAM AMENDMENT
CRITERIA OF APPROVAL - SDC 7.,070(3)(a)-(b)
"The following criteria shall be applied by the City Council in approving or-denying a
Metro Plan amendment application:
(a) The amendment must be consistent with the relevant Statewide
. , p(anning goals adopted by the Land Conservation and Development
Commission; and
. (b) Adoption of the amendment must not make the Metro Plan internally
, inconsistent." ' '
CRITERIA OF APPROVAL- SDe7.070 (3)(a)
APPLICANT'S NARRATIVE:
Consistency with Statewide Planning Goals:
LRP100 7.000 I J & ZON2007-00012 .
B
"-'0 .
The following findings addr.ess compliance with Metro Plan criteria in SDC 7.070 (3)(a). .
Approval of a Metr9 Plan diagraniamendment also correspondingly changes the
applicable refinement plan diagram, as established in SDC 7.110 (4). '.
APPLICANT'S NARRA TIVEHELATED TO GOAL 1 :
Goal 1 _ Citizen Involv.ement: To develop a citizen involvement program that insures
the opportunity fO", citizens to.be involved in all phases of the planning process.
Goal1 addresses the need'to develop a citizen involvement program to ensure citizen
involvement in all phases of the land use planning process. The Planning Commission
and the City Counci1'will hold public hearings and accept testimony on the 'proposal.
Through the procedures established by the city, citizens will receive notice of hearings in
generally published local papers and have the opportunity to be heard regarding the
proposed diagram amendment and zone change. Notice of the public hearings will also be
given in'accordance with SDC requirements to nearey property owners, interested parties
requesting notice, and any established neighborhood organization. Since the
amendments'comply with the City's citizen involvement program and dtizens have
opportunities to be involved in the procedure, the proposed amendments are consistent
with Goal 1. .
ST AFF'S FINDINGS RELATEQ to COMP~IANCE WITH GOAL 1:
Finding 1: These applications comply with Goal 1 because they are being reviewed
under an acknowledged citizen involvement program,
As previously mentioned in.this report, notice for both applications was ma,i1edto
Department.of Land Conservation an,d Development (DLCD) on April 161l1, 2007.
Notice of the public hearing date was mailed out on Friday, May 111l1, 2007 to
property owners .within 300 feet of the proposed zone change per Section; 14.030 (1)
(a)-(n) of the SOC. Public notice of the hearing was published in the local newspaper
. (Register Guard) on May 17'", 2007, as required in Section 14:030 (2) of the SOC. .
Staff concurs with the applicant's written statement related to Goal 1.
APPLICANT'S NARRATIVE RELATED TO GOAL 2:
Goal 2: land Use Planning: To establish a land use planning process and policy
framework a's a basis for all decision and actions related to use of land and to assure
an adequate factual base for such decisions and actions.
Goal 2 requires that local comprehensive plans be consis'tent with the Goals, that local
comprehensive plans be internally 'consistent, and that implementing ordinances be
consistent with acknowledged comprehensive plans, Goal 2 also requires:,that land
use decisions be coordinated with affected jurisdictions and that they be supported by
an adequate factual base. As required in SDC 7.050, the City is required to give
referral notice of the proposed Type II Metro Plan diagram amendment to tDe City of
Eugene and Lane County so they may determine if there are grounds to participate as
parties to the hearing. The City also sends the statutorily required notice of the initial
public hearing 45 days in advance to the state Department of Land Conservation and
Deveiopment, ensuring that they are given opportunity for commentand review
conformity to applicable statewide planning goals.
9
LRP2007.000 /3 & ZON200 7.000 I 2
. ~-1n
J
The Metro Plan and the SDC, as well as the Statewide Planning Goals and applicable
statutes, provide policies and. criteria for the evaluation of comprehensive plan
amendments. Compliance with these measures assures an adequate factual base for
approval.of the. proposed Metro Plan diagram amendment. f's discussed elsewhere in
this document, the amendments are consistent with the Metro Pla'n and the Goals,
Consequently: by demonstrating such compli?nce, the amendments satisfy the
con,sistency element of Goal 2.
STAFF'S FINDINGS RELATED TO COMPLIANCE WITH GOAL 2:,
.
Findil)g 2: These applications comply with Goal 2 because the SDC requires
consistency between the Statewide Planning Goals, the acknowledged Metro Plan,
adopted refinement plans and special area plans and the zoning.
Staff concurs with the applicalit's written statement related to Goal 2.
APPLICANT'S NARRATIVE RELATED TO GOAL'3:
Goal3 - Agricultural Land: To preseive and maintain agricultural f.ands.
This goal is inapplicable because as provided in OAR 660-15-000(3), Goal 3 applies only to' .
rural agricultural lands. The subject properties are located within an 'acknowledged urban
growth boundary, are inside Springfield's corporate limits, and have nQt been in
agricultural use for decades,
STAFF'S FINDINGS RELATED TO COMPLIANCE WITH GOAL 3:,
. '
Finding 3: The subject property is located within the city limits on land planned and'
zoned for urban use. The City does not have any agricultural zoning districts, either
within its city limits or within the urban.growth boundary.
Finding 4: Goal 3 does not apply to these applications because the subject property
is within Springfield's city limits I
APPLICANT'S NARRATIVE RELATED TO GOAL 4:
,
Goal.4 _ Forest Land: To conserve forest lands by maintaining the forest land base
and to protect the state's foresi economy by making possible economical/il efficii,"t
forest practices.that assure the continuous growing and harvesting of forest tree
species as the leading use on forest land consistent with sound management of soil,
air, water, and fish and wildlife resources and to providefor recreational opportunitjes
and agriculture. .
Goal4 does not apply within urban growth boundaries, per OAR .660-06-0020, and the
areas aHected by the Plan amendments are inside Springfield's asknowledged UGB,
'1
STAFF'S.FINDINGS RELATED TO COMPLIANCE WITH GOAL 4:
Finding 5: The subject property is located within aT! acknowledged urban growth
, boundary. Goal 4 does not apply within urban gr,owth boundaries. Staff concur with.
.the applicant's written statement related to Goal 4
LRP2001,OOO /3 & ZON2007.000 12
10
C11.
APPLICANT'S NARRATIVE RELATED TO GOAL 5:
. . .
. Goal 5 _ Open Spaces, Scenic and Historic Area, and Natural Resources: To conserve
open space and protect natural and scenic resources. .
GoalS requires local governments to protect a variety of open space, scenic, historic, and
natural resource values. GoalS and its implementing rule, OAR CIi. 660, Divisio'n 16,
require planning jurisdictions, at acknowledgment and as a part of periodic review, to
(1) identify such resources; .
(2). determine their quality, quantity, and location; ,
(3) identify conflicting uses;
(4) examine the economic, social, environr:'ental., and energy (ESEE)
consequences that could result from allowing', limiting, or prohibiting
the conflicting uses; and
(5) develop programs to r;solve th.e.conflicts.
The subject properties are not on Springfield's acknowledged Metro Plan GoalS inventory.
No threatened or endangered species have been inventoried on the site, and no .
archeological or significant historical inventoried resources are located on.the site. The
National Wetland Inventory and Springfield Local Wetland Inventory maps have been'
consulted and.there are no jurisdictional wetlands located on the site. Therefore,'the
proposed am~ndment does notalter the City's compliance with GoalS.
STAFF'S FINDINGS RELATED TO COMPLIANCE WITH GOAL 5:
Finding 6: Goal 5 does not apply to these applications because there are no
inventoried resources on the subject property. Oregon Administrative Rule 660-023-
0250 establishes the applicability of Goal 5 rules to Post Acknowledgeme'nt Plan
Amendments (PAPA), the iequested Refinement Plan Amendment and Zoning Map
Amendment do not affect the Metro Plan's adopted Goal 5 inv'entory. Staff concurs
with the applicant's narrative related to Goal 5 compliance.
APPLICANT'S NARRATIVE RELATED TO GOAL 6:
Goal 6 _ Air, Water and Land Resources Quality: To maintain and improve the quality
of the air, water and land resources of the state.'
The purpose of Goal 6 is to maintain and ilT1prove the quality of the air, water,and land
resources of the state. Generally, Goal 6 requires that development comply with
applicable state and federal air and water quality standards. In the context of the
proposed Metro Plan diagram amendment, Goal 6 requires that the applicant demonstrate
that it is reasonable to expect that applicable state and federal environmental quality.
standards can be met.
Though Tax Lot 400 has been used for low-value storage and quasi-industriai."uses, the
site is not listed on any state or local environmental clean-up list. A Phase 1
envir,?nmental a;sessment on the subject property was conducted andrecommended
additional'analysis. Upon recommendations through the Phase 2 environmental
assessment a nominal quantity of soil (less than 10 cy) impacted by earlier/historic use
was removed from'the site and properly disposed. Given the nominal impac't,generated by
historic uses on the site, it is reasonable to conclude that future development on the site
will be able to demonstrate compliance with City standards for water quality protection
II
. LAPZO07.-0001 J & ZON1007.00011
,.
'<;-1? .
through the site plan review process, thereby com'plying with applicable state, and federal
environmental quality standards.," .' "
STAFF'S FINDINGS RELATED TO COMPLIANCE WITH GOAL 6: ,.
. .' ' )
Finding 7: The proposed Metro Plan I Refinement Plan Amendment or Zoning Map
Amendment does not modify any of the Goal 6 related policies of the Metro Plan, nor
do they amend the Regional Transportation Plan, the Springfield Development Code,
other applicable Goal 6 policies, or any regulations implementing those policies.
~ .' -
. ,
The subject property is located in the Zone of Contribution and outside any of the
Time of Travel Zones, which is regulated by the Drinking Water Protection Overlay
District _ Article 17. Any new development on. the subject property is subject to
conipliance with Article 17 ?nd other applicable regulations related to Goal 6. Staff
concurs with the applicant's narrative related to;,Goal 6 compliance.
APPLICANT'S NARRATIVE RELATED TO GOAL 7:
Goal 7 _ Areas Subject to Natural Disasters and Hazards: TO'protect life andproperty
from natural disasters and hazards. .
Goal7 requires that development subject to damage .from natural hazards and
disasters b'e planned and/orconstructea with appropriate safeguards and mitigation.
The goal also requires that plans be based on an inventory of known areas of natural
disaster and hazards, such as areas prone to~landslides, flooding, etc. .
STAFF'S FINDINGS RELATED TO COMPLIANCE WITH GOAL 7:
Finding 8: Staff has reviewed the ~atural constraints. map and the FEMA Floodplain
Map in relation to the subject property. As noted by the applicant, the subject site is
not included in the City's inventory of known areas of natural hazards. Staff concurs
with the applicant's narrative related to Goal Z compliance,
The site is flat and not subject to landslide hazards,and is located well outside of any
established FEMA fiood hazard area.' Therefore, approval of the proposea Plan
amendment and Zoning Map Amendment will not alter the City's acknowledged
compliance with Goal 7 through its adopted plans, codes and procedures,
.' .1
APPLICANT'S NARRATIVE RELATED TO GOAL 8:.
Goal8 _ Recreation 'Needs: To satisfy the recreational needs of the citizens of the state
and visitor~ and, where appropriate, to provide for the siting of necessary recreational
facilities including destination resorts,
Goai 8 requires local governments to plan and provide for the siting of necessary
recreational facilities to "satisfy the recreaiiohal:needs of the citizens of thestate and
visito'rs'," and where appropriate, provide for the siting of recreational facilities including
destination resorts.. The subject site is not included in an inventory of recreational sites;
and the proposed amendments will not have an impact'on the community's recreational
facilities or needs; therefore, the proposal does not implicate Goal 8~ .
LRP2007.000 / J& lON2007.000/2
/2
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[" 1""1
STAFF'S FINDINGS RELATED TO COMPLIANCE WITH GOAL 8:
.. ' ,
Finding 9: Staff has consulted the Wiilama/ane 20-year Parks and Recreation
Comprehensive Plan in relation to Goal 8 compliance. The Willamafane 20-year
Parks and Recreation Comprehensive, Plan was adopted by the City of Springfield as
part of the Metro Plan's compliance with Goal 8. None of the various studies,
inventories, and facilities plans regarding recreational facilities in the adopted
WillamaJane 20-year Parks and Recreation Comprehensive Plan have designated
the subject site for parks and open spac'e in an adopted inventory, declared it a
significant resource, or slated it for acquisition. Staff concurs with the applicant's
narrative related to Goal 8 compliance,
APPLICANT'S NARRATIVE RELATED TO GOAL9:
Goal 9 _ Economic Development: To provide adequate opportunities throughout the
state for a variety of economic activities vital to the hea'ith, welfare, and prosperity of
Oregon's citizens.
Goal,g requires the city to provide adequate opportunities for a variety of economic
activities vital to the health, welfare, and prosperity of the citizens. The propose,d
amendment to the Metro Plan diagram will increase the city's capacity for economic
development by adding 5 acres of CC in place of the existing industrial designation:
Permitting the construction of future clinic facilities and allowing long-standing
commercial uses on Tax Lot 402to' become conforming uses consistent with commercial
zoning is consistent with numerous policies in the City's adopted plan for compliance with
Goal 9, the Springfield Commercial Lands Study (SCLS). . . .
Specifically, the following SCLS policies are applicable to the proposal:
Policy.1-A: "Maintain a mixed supply of large and smail cqmmercial sites through
strategies such as rezoning or annexation to serve Springfield's fut,ure population."
The proposal fulfills this policy objeCtive,by redesignating and - through accompanying
zone change, rezoning land from industrial to commercial, for two tax lots of varying
sizes and commercial uses, thereby maintaining. existing employment and commercial use
in Tax Lot 402 and providing the ability for growth in medical sector employment by
allowing future clinic uses .on Tax Lot 400. .
Policy.1-C: "Maintain at least a five-year supply of commercial land within the:Urban
Growth Boundary (UGB) that is currently served. or readily serviceable with a full range of
urban public facilities and services." ,
The SCLS (see Table 3-8, pg, 32) found there to be a deficit of 158 acres in the supply of
commercial iand over demand projected through the year 2015, The, propo;;al would allow
for redesignation, and rezoning, of five acres'thereby reducing the, deficit of commercial
land. The subject site has a full range of urban public facilities and services available to
support existing commercial development on Tax Lot 402, and future development on Tax
Lot 400. The SCLS identifies (pg. 33) a need to support "employment in popui,ation-
dependent sectors su'ch as retail sales and he~lth services" to meet Springfie.ld's growing
community, The SCLS also noted (pp. 27-29) state and local trends in greater employment
in retail trade and well-paying health services sectors. Approving the proposed
redesignation and zone change would help meet springfiidd'S demonstrated needfor
e'mployment and commercial services, .
13
LRP2007.000J 3 & ZON2007.00012
<;-14 !
Finding 3 in the SCLS (pg, 36) citea the acknowiedged 1992 Inaustrial Land Study as,
demonstrating that "a surplus of industrial sites exists in the Metro Area." Therefore, the'
proposed'redesignatibn (and corresponding rezoning) would not result in a deficit of
needed industrially designateq.and zoned land, but it would help reduce the commercial
lands deficit identified in the SCLS. Therefore, approving the proposal would be
consistent with SLCS Implementation Strategy 3-A (1): "Evaluate inventories based on'
demonstrated need for the planning period, Initiate rezoning or redesigriation of s'urplus
land uses where more appropriate for commercial, consistent with the Metro Plan,"
The proposal in fact consistent with inventories'for commercial:and industrial lands
adopted by the City Council and acknowledged by OLCO as being consistent with Goal 9.
Oregon Administrative Rules concerning Goal 9 implementation (OAR 660-009-0010(4))
call for amendments to land use. designations "in excess of two acres'within an existing
urban gro~h boundary fro.m an. industrial land use desig'n'ation to a non-industrial use
designation" to have to address applicable planning requirements - such as consistency
with the Metro Plan and other local plan policies (Le.,.SCLS) or be.consistent with an
economic opportunities analysis. The City can fil}d that the proposal complies with
. relevant local plan policies by converting one forrn or employment.generating land use to
another, without negatively impacting the supply ,of~uildable lands for either cat.egory of
uses. The proposal enabies continued use of the..existing and long_standing comrm;rcial
center to continue to operate and provide emplo:j'ment opportunities; while also allowing
higher-value employment associated with future development on Tax Lot 400, These
types of employment-generating uses are arQIJngthose identified in OAR 660-009-0005(6)
as eligible non-industrial employment activities that can justify approval of the proposed
Plan diagram amendment without the need for an economic opportunities analysis apart
from the SCLS, which OLCD acknowledged as fuifilling,the City's obligations under Goal 9. .
Because the requested redesignation and concu'rrentzone' change implements seLS
policies and does not result in a deficiency of needed industrial'lands, and is otherwise
demonstrated to be consistent with relevant Metrb Plan policies, approval bf the request is '
consistent with the City's compliance with Goal9; arid applicable administrative rules
regarding Goal 9 implementation,
Additional Goal 9 information s~bmitted by applicant on March 28'h, 2007:
The Metropolitan Industrial Lands Study (July 19~3) wa? adopted by the local jurisdictions
and acknowledged by LCOC as being consistentwilh statewide planning goals and the
Metro Plan, specifically fulfilling the Eugene-Springfieid area's obligations under Goal 9
(Economic Development). The Metropolitan Industrial Lands Inventory Report associated
with the MILS identified "about 1,688 constraint-free industrial acres....This supply
exceeds the projected demand over the next twenly years, which is between 650 to 1,172
acres." (pg. 73) The Inventory Report also stated: '''The 1 ,688 constraint.free acres may be
the best suited to meet short-term industrial demand, This portion of the supply also
exceeds the twenty year demand projection." ...
l'he City performed subs'equent analysis of industrial land supply as part of periodic
re.vie",: requirements to de'mbnstrate compliance with stat'ewide planriing' Goal 5 (Natural
Resources), As.shown in.Attachment A, thatanalysis indicated that even removing the
p'ossible industrial acreage affected by Goal 5 p'rotedion measures (about 100 acres
debited from the Eugene and Springfield inventories) would leave a surplus of industrial
lands of between 1,600 and 2,122 acres metro-wi~e.. :. .
Staff's.Goal 5 work,also calculated the changes' in iridustrialland supplies since 1991 as a
consequence of Metro Plan diagram changes (see Attachment Fl). This analysis '
demonstrated a reduction in less than 90 acres of industrial land over the past 15 years,
LRP2007.000 I] & ZON2007.000/ 2
~..,
,
/4
1:._1[;:
.~
suggesting that-there is stil1. an ample:supply of available industrial lands to meet existing
and future development needs, , ';'. - ". ". .
This analysis may also not reflect other. changes within industrially designated land,
categories that would further off-set the proposed change to the site's LMI Plan"
designation and zoning. For example, 11.5 acres was'added ,to the inventory of LMI zoned
and designated'land due to City Council approval in April 1997 for land east of the 28th/31"
Street connector and north of Marcola Road (Oidin?nce No. 5851). Insofar as the City and
metropolitan area continue to enjoy a surplus of needed Industrial land, an'd specifically
Heavy Industrial zoned and designated land,.the above-referenced change added more
than enough acreage to the inventory of LMI designated and zoned land to off-set the
proposal to remove only about 5 acres from thel.MI inventory,
We therefore respectfully submiUhat the proposed Metro Plan diagram amendment and'
zone change will not materially affect the inventory of needed Industrial land an'i:1 will not
alter'the City's contin'ued compliance with Gqal 9, . .'
STAFF'S FINDINGS RELATED TO COMPLIANCE WITH GOAL'9:
Finding 10: The City of Springfield has !:No adopted inventories which support the
proposed Metro Plan Amendme'nt I Refinement Plan.Amendment and concurrent zone
char)ge request ~ the 1992 Industrial Land Study and the 2000 Com,mercial Land Study.
. The applicant references both of these adopted inventories and sites specific polices
which support the proposal. As noted by the applicant, Finding 3 in the Springfield" .
Commercial land Study (SClS) cited the acknowledged 1992 Industrial land l?tudy as
demonstrating that 'a surplus of industrial sites exists in the Metro Area." The applicant
also references Strategy 3-A(I) of the SSC;'3 which' states: 'Evaluated inventories based
on demonstrated need for the planning period. Initiate rezoning or redesignation of.
surplus land uses where more appropriate for commercial, consistent with the Metro .
'Plan.".St'aff finds that these referenced policies and adopted strategies support the
applicant's proposal. . .' ,
In addition to referencing the SCLS and the 1992 Industrial Land 'Study, the applicant
also references the adopted Goal 5 inventory work, which provides a more up-to-date
analys'is of industrial lands in.the Metro area., As noted in the City ofSp'ringfi",ld Goal 5
analysis, even with a reduction of inventoried industrial land affected by Goal 5, there is
a still a surplus of between 1,600 and 2,122 acres metro-wide.
, . ' .
As noted by the applicant, Oregon Administrative Rules co'ncerningGoal 9
implementation (OAR 660-009-0010) call for amendments to land use designations "in
excess of two acres within an existing urban growth .boundary from an industrial land use
designation to a non-industrial use designation" to have to addres's applicable planning
requirements _ such as consistency with the Metro Plan and other local plan policies
(i.e. SCLS) or new consistent with an economic opportunities analysis (EOA). OAR 660-
009-0010 states that a reviewing authority can' find that'the proposal complies. with
relevant local plan policies by converting on'eform or employment-generating land use to
another: without negatively impacting tl;ie supply of buildable lands for either category of
uses.' As noted by the applicant, there are existing' commercial uses located on TL 480
which are part of the subject property Additionally" the applicant is seeking to develop
future commercial uses on the property which will maintain the property for employment-
generating activity.
/5
lRP1007.000 I J & ZON1007.000/1
<;-1g
Given the information provided in the adopted commercial and industrial lands
inventories (a shortfall of commercial and an inventoried excess of Industrial land)
compared with the size of the proposed Plan Amendment and Zone Change, staff find
that the proposal is consistent with Goal 9 requirements. Staff finds that the proposal
does not represent a "significant change' to the adopted EOA.
APPLICANT'S NARRATIVE RELATED TO GOAL 10:
Goal 10 _ Housing: .To provide for the housing needs of citizens ofthe state.
LCDC's Housing goal r.eq'uires cities to m~intain adequate supplies' of buildable lands for
needed housing, based on an acknowledged inventory of buildable lands, The proposal
does not affedthe City's inventory of residential lands.
In fact, approval of the requested redesignation for Tax Lot 400 would enable
redevelopment of an industrial site abutting existing- residential development. Through
the site plan review ,process, future de.velopment on that property will provide a superior
buffer and a higher use that will benefit the adjoining residential properties. Because the.
proposal involves redesignation from industrial to commercialla~d uses, it does not affect
Springfield's continued compliance with Goal 10.
STAFF'S FINDINGS RELATED TO COMPLIANCE WITH GOAl10:
Finding 11: The proposed Metro Plan I Refinement Plan Amendment and Zoning
Map Amendment does not affect the Metro Plan's residential buildable lands
inventory because [10 residentially designated properties are involved in 'this
. proposal. .
The City of Springfield is currently working with a consulting company on a
residential land inventory and land supply analysis. When complete, this study will
update the City's inventory and provide a clear picture of residential land supply.
Staff concurs with the applicant's response to Goal 10 compliance
APPLICANT'S NARRATIVE RELATED TO GOAL 11:
Goa111- Public Facilities and Services: To planand develop a timely, orderly and efficient
arrangement of public facilities and services as a framework for urban and rural
development.
OAR 66D-D11.DDD5(7)(a)-(d) OefiniUon of Public Facilities:
(a) Water
(b) Sanitary Sewer
(c) Storm sewer
(d) Transportation
This goal requires the prOVision of a timely, orderly and efficient arrangement of public'
facilities ~lnd services. The subject property is located within the Springfield UGB and city
limits, and is already designated for urban levels of use. The proposed amendmenllo the
Plan map designations from LMI to CC will not affect the ability to provide needed services
since all the required urban services are available to support existing or future commercial
. uses on the subject site,
LRP2007,OOOl3 & ZON2007-iJ0012
16
~_17
STAFF'S FINDINGS RELATED ro COMPLIANCE WITH GOAL 11:
Finding 12:. As noted by the applicant, ~he Metro Plan and associated facility plans
have be~n acknowledged to conform to Goal 11 ensuring that public facilities and
services are currently available to the subject site. The proposed Metro Plan"
Refinement Plan Amendment and Zoning Map amendment is on 'infill" property,
which currently has city services available to the site. The proposal does not affect
the Metro Plan's compliance with Goa111.
Fin<jing 13:,The subject Metro Plan I Refinement Plan Amendment and. Zoning Map
Amendment applications have been reviewed by Public Works and Planning Staff to
assure that there are adequate public services to serve the site. These applications
comply with Goal 11 because there are urban level public services available to the'
subject property.
APPLICANT'S NARRATIVE RELATED TO GOAL~12:
Goal 12 _ Transportation: To provide and encourage a safe, co!'venient and economic
iransportation system. .
Goal 12 requires local governments to provide and encourage a safe, conv!,nient and
economical transportation system. The proposed map amendments involve
approximately 5.24 acres of property, though existing and long-standing commercial uses
occur on Tax Lot 402 such that approval of the proposal will not result in any changes to
the type or intensity of uses on the site, and will not increase the trip generation for that
parcel. As the attached Traffic Impact Anaiysis (TIA) demonstrates, future development of
medical office facilities on TL 400 will not degrade mobility standards below acceptable
levels and allow for adequate queuing lengths at applicable intersections. Therefore, the
proposal will not have a "significant effect" on transportation facilities as defined in the
Transportatio~ Planning Rule (OAR 660'012-060). .
Existing development at Tax Lot 402 is not affected by the proposal, and is assumed to'
retain its current access points .off Main Street. It is further assumed that future
development on Tax Lot 400 will result in some access changes as will be reviewed
through the site plan review process, thereby consolidating two existing curb cuts located
on Tax Lot.400 into a single access point located approximately in the center of the parcel.
The TIA demonstrates that these access points will not result in any degradation of
mobility standards below acceptable levels, and that safe and efficient circulation can be
realized through approval of the requested land use redesignation (and companion zone
change).
Furthermore, reducing the number of access points for future development on Tax Lot 400
is consistent with policy objectives found in East Main Refinement Plan (EMRP) Access,
Circulation & Parking Element policy 1 B (pg. 17) and Commercial Element policy 3 (pg.
1~. .
Because the proposal, as demonstrated in the TIA, is consistent with the requirements .of
the TPR and with applicable policies in the EMRP, it is consistent with Goal12 and
applicable local implementing policies,
STAFF'S FINDINGS RELATED TO COMPLIANCE WITH GOAL 12:
Finding 14: The proposed Metra Plan Amendment is from LMI to Commercial, and
Refinement Plan Amendment I Zoning Map Amendment is from LMI to CC. The.
applicant indicates in the submitted narrative that approval of the proposal will not result
/7
LRP2007-00013 & ZON2007.00012
5-18
in any changes to the type or intensity of uses'.on'the site, and will not increase the trip
generation far that.parcel. Staff does not concur with, this statement.in reviewing all of
the potential CC uses _on the site. Staff does concur,however, with the applicant's
statement if the future medical office use is in fact developed on the site, and not ather
potential 'reasonable worse case" CC uses.
, .
Pages 18-19 of the applicant's TIA list PeakHou~ Trip Generation for,both the existing
zone (LMI) and the proposed zone (CC). The applicant's TIA listed Peak Hour Trip .
Generation for Medical Office Building. While this is a permitted usein the CCzone and
is the primary use that the applicant is seeking to use the property far, it is not the
'reasonable worse case" scenario .for traffic generation given other allowable uses in the
CC zone. During Staffs review of the proposal, staff researched potential vehicle trips
per day for potential uses in the CC zone. There are some other potential uses in the CC
zone which are much more intensive uses than Medical Office. In considering.what a
'reasonable worst case" develop,ment scenario might be for the re-zoned condi,tion it is
clear that a 30,000 square foot Medical Office Building is much less intense than other
uses that would be permitted in the CC zone. On a per-square-foot basis the Medical
Office is estimated to generate 2.47 vehicle tips/1,OOO SF and 3.43 vehicle tips/1 ,000 SF
during the AM and PM peak hours respectively. For comparison the average rates for a
'Fast-Food Restaurant with Drive-Through Window" are 53.11 vehicle tips/1 ,000 SF and
34.64 vehicle tips/1 ,000 SF. These calculations are taken from the Institute for Traffic
Engineers (ITE) Manual.
,.
As shown an Table 6 of the TIA, a reasonable worse case traffic generation scenario for
the existing zoning (LMI) is 243 trips. The proposed use 0.1 Medical Office Building is
shown in Table 7 as 177 trips. While the Medical Office use trip generation is less than
the reasonable worse case scenario for the existing zoning, it does not take into account
other more intensive commercial uses (i.e. drive thru restaurants, banks, etc.). Planning
Staff met multiple times with City Traffic Engineering Staff and ODOT Staff to review the
submitted TIA. ODOTs review of the submitted TIA indicated that there'were multiple'
issues that were not adequately addressed in the submitted TIA to justify compliance
with Goal 12 (see attached memo from ODOT). . Based upon the information provided in
the submitted TIA, all reviewing parties (i.e. City Planning S,taff, City Traffic Engineering
Staff, and ODOT Staff) agreed an a recommended condition of approval (see attached
em ails from ODOT and City Traffic Engineering Staff). In order to preserve the existing
and future road system, staff. recommends that a trip cap be required as a condhion of
approval not to exceed'the reasonable worse case scenario fofthe existing zoning (243
trips). Because these numbers of trips are already allowed with the existing zoning, the
application complies with Goal 12. '
I
Recommended Condition of Approval:
1. Trip generation from development an the subject property shall be limited to a
maximum of 243 PM Peak-hour vehicle trips, which is based on a 'reasonable worse
case development scenario" under the existing zoning (LMI) as submitted by the
applicant in the Traffic Impact Analysis for the. subject property. '
.1
LRP2001.0001J & ZON2001-000/2
1;_10
.,
/8
APPLICANT'S NARRATIVE RELATED TO GOAL 13: .
Goal13 _ Energy Conservation: To conserVe energy. Land and uses deveioped on the
Jandshall be managed and controlled so as to maximize the conservation of al/ forms
of energy, based upon sound economic principles.
The Energy goal is a general planning goal and provides limited guidanceJor site-specific
map amendments, The proposed amendment has no direct impact on energy
conservation, though'it would in fact will promote greater energy. efficiency by enabling
needed clinical services available to growing residential areas in east Springfield. '
Therefore, the proposed amendment is consistent with, and does not alter the City!s
continued compliance with Goal 13, '.
STAFF'S FINDINGS RELATED TO COMPLIANCE WIT:H GOAL 13:
Finding',15: The proposed Metro Plan! Refinement Plan' Amendment and Zoning
Map Amendment do not affect the Metro Plan's- compliance with Goal 13. The
applicant is not proposing to amend any regUlation pursuant to Goal 13 compliance .
of the. Metro Plan. .
APPLICANT'S NARRATIVE RELATED TO GOAL 14:
Goal 14'- Urbanization: To provide for an orderly and efficient transition from rural to
urban land use.'
. Goal 14 requires local jurisdictions to provide for an "orderly and efficient transition from
rural to urban land use." The subject property is within the UGB and the city limits of
Springfield, and within an existing urbanized area of the community, Therefore, Goal 14 is
not applicable to this application.
STAFF'S FINDINGS RELATED TO COMPLIANCE WITH GOAL 14:
Finding 16: As noted by the applicant, all of the parcels affected by this application
are currently within the Urban Growth Boundary and were annexed into the City of
Springfield. All annexations are reviewed for compliance with the Metro Plan and the
Springfield Development Code. As previously mentioned, urban facilities are
available to the subject site. The proposed Refinement Plan and Zoning Map'
Amendment are in compliance with Goal 13.
APPLICANT'S NARRATIVE RELATED TO GOAL 15:
Goal15 _ Willamette River Greenway: To protect, conserve, enhance and,maintain the
natural, scenic, historical, agricultural, economic and recreational qualities of lands
along, the Willamette River as the Willamette River Greenway.
This goal is inapplicable because the subject property is not within the boundaries of the
Willamette River Greenway.
STAFF'S FINDINGS RELATED TO COMPliANCE WITH GOAL 15:
Finding 17: As noted by-the applicant, the subject property is not located within the
Willamette River Greenway. Goal 15 does not apply to the subject Refinement Plan
and Zoning Map .Amendment applications.
19
lRP2007.0001J & ZON2007.QOO/2
~-20 _
APPLICANT'S NARRATIVE RELATED TO GOALS 16-19:
Goal 16 through 19: (Estuarine Resources, Coastal Shorelands, Beaches and Dunes'
and Ocean Resources): .... ,
The coastal goals are not applicable to this application.
STAFF'S FINDINGS RELATED TO COMPLlAN"CE WITH GOALS 16'19:
Finding 18: As noted by the applicant, the subject site is not located within any
coastal, ocean, estuarine, or beach and dune resources related area. Goals 16-19 do
not apply to these Refinement Plan and Zoning Map Amendment applications.
CRITERIA OFAPPROVAL - SDC 7.070 (3)(b).
APPLICANT'S NARRATIVE RELATED TO SDC7,070(3)(b):
Th~ application requests amendment of,the Metro Plan diagram from LMI to CC for
approximately 5.24 acres. This section of the'application narrative addresses the
consistency of the amendment with the applicable policies of the Metro Plan, to
demonstrate that adoption of the amendment will'not make .the Metro Plan internally'
inconsistent (as required by the approval criteria in SDC 7.07Q(3)(b)) .
This narrative only addresses those policies thatapply to the proposal, and does not
discuss those portions of the Metro Plan that: (1) apply only to rural or other lands outside
of the urban growth boundary, (2) apply to land uses other than ttie.current or proposed
designations for the site and will not be affected by the proposed Plan diagram and text
amendments, or (3) clearly apply only to specific development application's (e.g:, site' plan
review submittals or subdivisions). In many instances the goals, policies and
implementation measures apply to specific development proposals that will be addressed
through compliance with applicable City regulations during site plan review of a given
futu re development proposal. ..
. '
The Metro Plan Introduction, Section 0 provides the following definitions:
A goal as a broad statement of philosophy that describes the hopes of th'e
people of the commun'ity for the future of the community, A goal may never be
completely attainable, but is used as a point to strive for. '
An objective is an attainable target that the community attempts to reach in
striving to meet a goal. An objective may also be considered as an
intermediate point that w!" help fulfill'the overall go,,'1. .
A policy is a statement adopted as pa'rt of the Plan to provide a consistent
. course of action moving the community towards attainment of its goals,
Except for the Growth Management Goals, which. are addressed below, each of the Metro
Plan policies are addressed in the order in which'they'appear in the Plan Element section
of the Metro Plan,
Metro Plan Elements
1. Growth Management
lRP2007.000/3 & ZON2007.00012
20
t::_'l1
Policies
1. The urban growth boundary and sequential develapment shall cantinue to be
implemented a.:? an essential means ta achieve compact urban grawth. Provisian of all,
urban services shall be cancentrated inside the urban growth b.aundary.
The proposed amendments satisfy this policy because the subject property is inside the
UGS and city limits and as such, encourages compact urban growth. Also, urban services
are available at sufficient levels to accammadate the existing and future infill development
resulting approval offrom thisapplicatian, The City's site plan review processes ensure
that the apprepriate level of services is available to serve future. development.
2. Residential Land Use and Housing Element
Policies
A.11 Generally lecate higher density residential dev.e}opment near employment .or
commercial services, in pr.oximity ta majartransportation systems .or within
transpartation-efficient nodes.,
The proposed redesignation does net affect the inventary or availability .of residimtially .
designated or zoned land, including the single-family residential area abutting Tax Lot 400
that is zoned and designated for Medium Density Residential, or higher density residential
developments located east of the site alangMain Street. .
However, approval of the requested redesignatian ta CammunitYcommercialwouid allow
for residential areas proximate t.o the subject area to have close and efficient access to
existing commercial services on Tax LotA02 and ta future medical facilities pr.oposed far
Tax Lot 400, consistent with the above policy. The areas praposed'for redesignation .offer
existing and future empl.oyment opportunities and pravide commerCial services along a
major transportati.on system that can support the needs .of nearby residential
development. ' .
A.22 Expand oppartunities for a mix .of uses in newly develaping areas and existing
neighborhoads through local zaning and development regulations. '. .
The map amendment and c.oncurrently propased zone change will allow for existing
commercial uses on Tax Lot 402 to continue to serve existing neighborho.ods in the mid-
and east-Springfield area,.and for future clinical facilities to be develaped to serve this
rapidly growing area of the community, .Approving the requested redesignation and zone
change would expand c.ommercial .opp.ortunities ta serve these neighborhoods consistent
with the above policy. .
3. Economic Element
Policies
B.1 Demonstrate a positive interest in existing and new industries, especially those
praviding above-above wage and salary levels, and increased variety of job .oppartunities,
a rise in the standard .of living, and utilization of .our existing camparative advantage in the
level of education and skill ofthe resident labor force.
The proposed amendment is consistent with this policy because it will allow medical clinic
uses to be developed te serve grewing areas in east and south Springfield. As is
observed in the Springfield Commercial Lands Study (pp. 27, 29), employment in health
services is'grewing and appreving the requested redesignation will enable increased job
2/
LRP2007.000/J & ZON200 7,000 I 2
,-??
. opportunities with higher than average wages th~reby helping raise the standard of living
and meet the needs of Springfield'-citizens, consistent with the above policy.
8.2 Encourage economic development which utilizes local and imported capital,
entrepreneurial skills, and the.resident laborforce,
The construction of and trye use of commercial and medical uses will utilize both local and
imported capital and will employ the local labor for,c'e in a variety of skilled, semi-skilled,
and unskilled positions, consistent with this policy.
8.6 Increase the amount of undeveloped land zoned far light industry and commercial
uses correlating the effective supply in terms of suitability and availability with the
projections of demand.
The proposal will add approximately 5.24 acres of Community Commercial land,
consistent with recommendations to increase the co.mmerciallands inventory made in the
Springfield Commercial Lands Study, The SCLS and acknowledged metropolitan.
Industrial Lands Study concluded' that there is a deficit of needed commercial land, and a
surplus of industrially zoned and designated land.' Approval of th~ requested .
redesignation 'will.not caus.e the inventory of needed industrial land to go into a deficit, but
in fact would, consistent w,ith the above policy, The proposal correlates the need'and
suitability, and availability of the subject site for c6mmercial uses with the need for such
uses as demonstrated in th.e adopted SCLS, .
8.11 Encourage economic activities which strengthen the metropolitan area's position as
a regional distribution, trade, health, and service center.
The amendment will facilitate the development of medical uses that will serve the needs of
. the growing residential areas in east, south and southeast Springfield, and strengthen the
metropolitan area's position as a premier locale for healthcare services, consistent with
this policy objective: .
6. Environmental Design Element
Policies
E.1 In order to promote the greatest possible degree 'ordiversity, a broad variety 'of .
commercial, residential, and recreational/and uses shall be encouraged when consistent
with ather planning policies: . '
Approval of the proposed map amendments will add just over 5 ac;es' into the City's
inventory of commercially designated and zoned land, thereby allowing for a variety of
needed commercial uses to occur an the subject property. Lang-standing existing
commercial services on Tax Lot 402 would be allowed to continue without the specter of
being considered non:conforming uses, and Tax Lot 400 could, be developed with medical
services that will serve the needs of the growing reside'ntial areas east and south of the
subject site, consistent with the above policy. ' .
7. Transportation Element
Land Use Policies '
F.3 Provide for transit,supportive land use patterns and development, including higher
intensity, transit-oriented development along major transit corridors and near transit
stations; medium. and high-density residential development within or:'e-quarter mile of
transit stations, major transit corridors, employment .centers, and downtown areas; and
LRP2007.000/3 & ZON2007-00012
22
~~?1
cjeve/opment and redevelopment in designated areas that are or could be weil served by
existing or planned transit. '" . .. ".
The proposed.map amendment and concurrent zone change will enable land use patterns
and development consistent with the above, policy. Appro~al of the proposal will allow for
higher intensity development along Main Street, a major transit corridor. An existing LTO
stop is located on the.frontage of. Tax \,.ot 400 (see photo, pg. 2, Appendix A of the TIA),
and will provide convenient access to existing and projected employment on'the subject
site, as well as access for patients to future out-patient medical facilities projected on Tax
.Lot 400.
Transpo'rtationSystem Improvements: Roadways p'olicies
F.15 Motor vehicle level of service policy:
a. Use motor vehicle level of service standards to maintain acceptable
and reliable performance on the roadway system. These standards
shall be used for: " . - .
(1) Identifying capacity deficierycies oil the roadway systeff!.
'(2) Evaluating the impacts on roadways of am~ndments to
transportation plans, acknowledged' comprehensive plans and
land-use regulations, pursuant to the TPR (OAR 660-012-0060).
(3) Evaluating development applicaiions for consistency with the land-
. use regulations of the applicable local government jurisdiction.
b. Acceptable and reliable performance is defined by the following
. levels of service'under peak hour traffic conditions: LOS E within
Eugene's Central Area Transportation Study (CA TS) area, and LOS
D elsewhere. . "
c. . Performance standards.from the OHP shall be applied on state
facilities in the Eugene-Springfield metropolitan area.
. .
In some cases, the level of service may be substandard, The local government
jurisdiction may find that transportation system improvements to bring performance
up to standard within the planning horizon may not be feasible, and safety will not be
compromised, and broader community goals would be better served by allowing a
substandard level of service. The limitation on the feasibility of a transportation
system improvement may arise from severe constraints, including but not limited. to
environmental conditions, lack of public agency financial resources, .or land use
constraint factors. It is not the intent of TSI Raodway Policy #2: Motor Vehicle Level
of Service to require deferral of development'in such cases. The intent is to defer
motor vehicle capacity increasing transportation improvements until existing
constraints can be overcome or,develop an alternative mix of strategies (such as:
land use measures, TDM, short-term safety improvements) to address the problem.
Subsection a.(2).in ttie above policy requires an evaluation of the proposal pursuant to the
state Transportation Planning Rule (TPR). The accompanying Traffic ImpaCt Analysis
pro'vides the factual basis to determine that the proposed redesignation would noUesult
in a "significant effect" as defined under the TPR (OAR 660-012.0060(1 )).
Specifically, the proposal does not change the functional classification of Main Street or
any other nearby roadway, and it does not change the standards for implementing the
City's functional classification system of roadways, as identified in the Regional
Transportation Plan. As dem'onstrated in the TIA, the proposal also does not:
. Result in types.or levels of traffic or access that are inconsistent with the
functional classification of Main Street or any other nearby roa-dway;
23
'LRP2007.000,1] & ZON2007,OOOl2
.<;~?d
. Reduce performance of traffic on Maiil Street or other affected
intersections to a I~vel that is below acceptable established performance
standards; or . '
. . Make performance of existing facilities worse (Le., below acceptable
mobility standards) than would be the case other uses permitted under
existing designations or zoning..
Specific TPR findings are further located in the TIA, see pp. 31-32, Because the proposal
does not result in a "significant effect" as established by applicable OARs, no further TPR
analysis is required. The request is therefore consistent with the above p,olicy.
8. Public Facilities and Service Element
G.1 Extend the minimum 'level and fu/l range of key urban facilities and selVices in an
orderly and efficient manner consistent with the growth management policies in
Chapter /I-B, relevant policies in this chapter and other Metro Plan policies.
The subject property is located in Springfield's city limits UGB, AIi necessary
infrastructure and key urban facilitieslservices ar!, present to serve existing development
(Tax Lot 402) or are available.to serve future infill development on Tax Lot 400. Therefore,
the proposal is consistent with the above policy,' .
"
9. Parks and Recreation Facilities Element Policies
Policies in this element of the Metra Plan are not relevant to the requested diagram,
amendment .. '
10. Historic Preservation Element Policies
'Policies.in this eiement of the Metro Plan are not,relevant to the requested diagram
amendment . .'
11, Energy Element policies .
Policies in this element of the Metra Plan are nofrelevant to the requested diagram
amendment. '.
STAFFS FiNDINGSRELATED TO SDC 7.070(3)(b):
Finding 19: The requirement ofthis criterion that adoption 'of these. proposed
applications not make the Metro Plan internallY:inconsistent.dcies not mean that every
goal, objective, finding and policy of the Metro Plan must support these applications.
'Because of recognized confiicts in the Metro Plan, the proper inquiry is whether on
balance the most relevant of the Plan polices support the Metro Plan Diagram
Amendment. The applicant's narrative discusses numerous Metro Plan Policies and
Elements related to the proposal. !'
Staff has reviewed the applicant's choice of applicable Metro Plan Policies and Elements
and concur that the noted Policies and Elements are applicable to the proposal. Findings
addressed regarding Goal 9 and Goal 12 in this report also support.the stated Metro
Plan policies. Specifically, as conditioned in this report related to Goal 12 compliance,
the Metro Plan Transportation Element and Tra'nsportation Policy F.15 are satisfied.
14
LRP1007'OOO I] &,ZON2007-000/ 2
o 00
j
The stated Policies and Elements have been reviewed by staff and are found to be
applicable and co'nsistent with the proposal.
REFINEMENT PLAN MAP A!V1ENDMENT
CRITERIA OF APPROVAL - SDC 8.030 €it seq.
In reaching a decision on these actions, the Planning Commission and the City
Council shall adopt findings which demonstrate conformance to the following:
(1) The Metro Plan;
(2) Applicable State statutes.
(3) Applicable State-wide Planning Goals and Administrative Rules.
. . - .
STAFF'S FINDINGS RELATED TO COMPLIANCE WITH SDC ,8.030 (1H3):
Finding 20: SOS 8.030(1)-(3) indicates that a Refinement Plan Amendment must be '.
consistent with (1) The Metro Plan (2) Applicable State Statues; and (3) Applicable
Statewide Planning Goals and Administrative Rules. Each of these'criteria are
addressed in this report as part of the Metro Plan Amendment Criteria and the Zoning
Map Amendment Criteria, As noted in the applicanfs narrative, SDC 7.110(4) states:
"When a Metro Plan amendment is enacted that requires an amendment to a refinement
plan or functional plan diagram or map for consistency, the Metro Plan diagram
amendment automatically amends the refinement plan or functional plan diagram or map
if no amendment to the refinement plan or functional plan text is involved.'-
There is no refinement plan text amendment proposed as part of this application.
Therefore, no'separate refinement plan application is required. As stated in the above
.referenced section of the SDC, the refinement plan is automatically amended upon
approval of the Metro Plan amendment.
, ..
The applicant's narrative related to consistency with specific refinem'ent plan policies is
mostappropriately addressed as part of the Zoning Map Amendment criteria, later in this
report.
METRO PLAN MAP&REFINEMENT PLAN AMENDMENT (LRP2007-00013)
CONCLUSION AND RECOMMENDATION .
Staff finds that the request meets the criteria of SOC 7.030(a) ~ (bj and SDC 8.030.
Upon review' of the evidence provided by the applicant, site visits, existing
structures/uses and review of the applicable criteria of approval, staff finds that' the
applicant's request for a Metro Plan & Refinement Plan Map Amendment is appropriate
for the'subject property with the following recommended condition of approval:
1. Trip generation from development on the subject property shall be limited toa . I
maximum of 243 PM Peak-hour vehicle trips, which is based on' a 'reasonable worse
case development scenario" under the existing zoning (LMI) as submitted by the
applicant in the Traffic Impact Analysis for the subject property.
ZONING MAP AMENDMENT
CRITERIA OF APPROVAL - SDC 12.030 et seq, .
SDC 12.030 (1) _ Quasi-judicial Zoning Map Amendments - The Planning Commission or
Hearings Official may approve,. approve with conditions or deny a quasi-judicial Zoning Map
amendment based upon approval criteria (3}(a)-(c) below. The Planning Commission or Hearings
Official shall make the final local decision on. all qu~si-judicial Zoning map amendments that do
not include a Metro Plan diagram amendment. '. . '
SDC 12.030(3) Zoning Map amendment criteria' of approval:
(a) Consistency with applicable Metro Plan polides .and the Metro Pla(l diagram
.i '.,
(b) Consistency with applicable Refinement' Plans;' plan District maps, Conceptual
Development Plans' and functional plans; and .'
(c) The property is presently provided 'witli adequa.te public facilities, services and
trallsporta'tion networks, to support the use, or these facilities, services and transportation
networks ar~.plallned to be provided concurrently with the development of the property.
NOTE FROM STAFF REGARDING APPLICANT'S ZONING MAP AMENDMENT
. NARRA T1VE: The applicant's narrative for the Zoning Map Amendment is similar
to the narrative for the Metro Plan & Refinement Plan Amendment, addressing
many of the same criteria. The portion of the Applicant's Narrative reliitedto
Refinement Plan'po/icies is included below. Rather than be duplicative in this
report, and for ease. of review, Staff has attached the remaining portions of the
applicant's written narrative in its entirety for reference.
STAFF'S FINDINGS RELATED TO COMPLIANCE WITH SDC 12.030(3)(a):'
, Finding 21: This criterion is also found in SDC Section 7.070(b) under the Metro Plan
Amendment criteria. SpeCific fir:\dings related to compliance with Metro Plan policies and
the Metro Plan diagram has been addressed in' tnis 'report. The applicant is proposing a
. Metro Plan Map Amendment as part of this application from LMI to Commercial. Upon
approval of the Metro Pla~Anie'ndment application (LRP2007-000'13j, the proposed
zone change will be consistent with the Metro Plan diagram.
Conclusion: The proposed rezone request is consistent with Metro Plan policies and
the Metro Plan Diagram .
APPLICANT'S NARRATIVE RELATED TO COMPLIANCE WITHSDC 12.030(3)(b):
The following demonstrates how the.proposal is consistent with: applicable policies in
the East Main Refinement'Plan (EMRP). . 'I
1. Mixed-Use Element
lRP2007.000 I ] & ZON20.o7-000J 2
26
r. ...,
. . Policy 2) Area #2
A) The following/and uses are allowed under Community Commercial zoni(lg:
. All Community Commercial uses subject'to Article 18 of/he Sp'rinifleid
Dev~/opmeht Code. , .
The propos~1 requests redesignating the s~bject properties to C'ommunity .
Commercial, and concurrently rezoning the properties to CC, as is allowed by the '
above poiicy and consistent with other EMRP poiicies. Approval of the 'request would
allow long-standing e'xisting commercial uses on Tax Lot 402 to continue as permitted
under Article 13, and consistentwith neighboring uses to the west and south, which
are also zoned and designated for commercial,-!ses. .
2. Commercial Element.
"," .
Criteria for Commercia" Refinement Plan Desi(matio~
1. Generally, the Community Commercia/refinement plao designation shall.be
applied under the following circumstances:
A) where it is. not an intrusion into well-maintained residential
neighborhood,,!; . .
"
The proposed redesignation does not intrude into the existing residential area west of
the subject site along 44'" Street, and is therefore consistent with the above criterion:
, . .' '. . ..' J, ..
s) where it does r]ot increase ~onflii;t between Low Density Residential
and Commercial;
Alth'ough the ab~tting residential area' is zoned Me'dium Density Residential, it is
developed in low density residential uses. ApprovaLof the proposed redesignation of
thesubject sites would actually result in a decrease of confiicts between,abutting
residential and non-residential land uses by allowing future infill development on Tax
Lot 400, and through the site plan review process establishing improved landscaped
buffers and a use more compatible than the industrial uses that historically abutting
this residential area.
C) where criteria for designating Medium Density Residential land does
not apply; .' .
Criteria for designating MDR land does not apply to the subjectsite.
D) where legally .created commercial uses exist;
Tax Lot 402 has existing, long-standing commercial uses that were legally created.
prior to development of the Metro Plan or EMRP.
E) where adequate'customer and service access.to an arterial street can
be provided; ... and
The subject site has adequate legal access onto 'Main Street, which is classified as an
arteriai street.
\
lRP2007.000 /] & ZON2007.000 /1
27
<;..28
,
F) where designated Commercial on the Metro Plan Di'!gram.
Approval of this application would result in a Commercial designation on the Metro
Plan diagram, which would also automatically modify the designation on the EMRP
diagram.
Policy 2) Apply site-specific Commercial refinement plan designations to clearly define
the limits of new commercial uses where there is not an existing, legally established, and
beneficial mixing of uses. .
Approval of the requested redesignation would apply Commercial plan designations to
the subject properties, allowing the existing, legally established commercial uses on
Tax Lot 402 to continue. It would also enable commercial uses to be established on
Tax Lot 400, thereby defining the limits of new commercial uses between the pre-
existing commercial uses on Tax Lot 402 and i;lthers to the west, and the 'developed
industrial business park to the east. Tax Lot 400 does not have an existing or
beneficial mix of uses, but has historically housed industrial yard-type operations.
Therefore, approval of the proposal would define. ihe limits of newrommercial uses as
called for in the above policy, and also provide the ability to make superior buffering
and other improvements associated with future development on Tax Lot 400 through
the site plan review process.
Policy 3) Reduce the number.of vehicular access p'oints and require the rebuildirig of '
curbs and installation of sidewalks and street trees along Main'Street, through the Site
Plan Review process and in public improvement projects.
The proposal would result in reducing the number of, existing access points as
required above. Through the Site Plan Review process, future development on Tax Lot'
400 will have a single driveway access onto Main Street, eliminating one of the two
existing curb cuts on.this site, Sidewalks and street trees are already located along its
Main Street frontage, consistent with the above policy.
Po/icy 4) Provide buffering between commercial and residential uses through Article 31 of
the Springfield Development Code, Site Plan Review process.
Existing residential uses along the east side of 44th Street have had no real buffer from
pre-existing industrial uses on Tax Lot 400. Approval of the proposal would allow for
attractive infill development of future medicalfacilities that would provide (through the
SPR process) improved landscaped buffers between the future uS,e and existing
residential area to the west - as required by C.ode, and consistent'with the above
policy.
3. Industrial Element
Po/icy 1) The Ciry shall encourage efforts of various agencies to attract new and retain
existing jobs and.businesses. ' '.
Imolementation
The City shall maintain a current inventory of vacant cominerciaJandindustriaJ land and
structures within the East Main area. '
Consistent with the above policy, approval of the requested redesignation will enable
existing, long-standing jobs and businesses on Tax Lot 402 to remain as legal,
conforming land uses, and allow future development of new employment on Tax Lot
LRPZOO 7.000 J ] & lON1007.00011
18
c ~n
400 with highedhan average wages and employment densities than the current
designation and zoning'allows.
STAFF'S FINDINGS RELATED TO COMPLIANCE WITH SDC 12.030(3)(b):
Finding 22: As previously mentioned in this report, the subject property is located within,
the East Main Street Refinement Plan area, The applicant's narrative above discusses
refinement plan Elements and Policies.
Finding 23: The applicant references policies in the Mixed Use Element, Area 2. This
area (Area 2) is located south of the subject property (across Main Street), and is not.
part ofthe subject property. Reference to this policy is not applicable to this application.
Finding 24: The applicant discusses specific criteria'listed in the refinement plan for
commercial and iQdustrial uses. Staff concurs with the applicant's narrative related to the
commercial criteria.
Finding 25: Criteria of approval for consistency with all applicable City of Springfield
functional plans have been previously addressed in this report. As noted in the findings.
in this report, the proposal is in compliance with all applicable functional plans.
Conclusion: Based on the above findings, the proposed zone change is incompliance
with SDC 12.030 (2),. .
STAFF'S FINDINGS RELATED TO COMPLIANCE WITH SDC 12.030(3)(c):
Finding 26: As previously noted in this report and as stated by the applicant, the subject
properties are currently served by sanitary sewer systems and storm drain systems
Springfield Utility Board (SUB) has sufficient capaCity to provide electrical and water
service to the site.
Finding 27: The property is served by Springfield Fire and Life Safety.
Finding 28: The site is within Springfield School District 19.
Finding 29: The site is within the Willamalane Parks and Recreation District.
Finding 30: Transportation systems currently provide access to the property, The
subject site takes access from 44'" Street which is under City of Springfield jurisdiction
and Main Street, which is under ODOT jurisdiction.
Finding 31: Tne proposed zone change is from LMI to CC. The subject lot has existing
development on all sides, and is located on 18'" and Main. Street. As previously
discussed in findings in this report, and as conditioned, the proposed zone change will
not significantly affect the existing transportation network. The proposed zone change
will not negatively affect existing public transit service.
29
LRP10 7,000 I J & ZON2007.000/2
'1->3D._
Finding 32: Solid waste management service is available at the subject property. The
City and Sanipac have an exclu$ive franchise arrangement for garbage service inside
the city limits. .
Finding 33: The site receives police protection from the City of Springfield, consi~tent
with service provision throughout the city and with service that is now provided to
adjacent properties.
Finding 34: The City of Springfield Developme~t SerVices Department provides land
use control for property within the City's jurisdiction,
, .
Finding 35: Qwest and Comcast currently provide telephone and cable communication
service in this area for and an array of wireless companies provide a number of different
communication services. The City has no exclusive franchise arrangements with
telecommunication or wireless companies. The field is competitive and therefore
guarantees a wide selection currently. .
Conclusion: All key urban facilities and serVices required for the proposed rezone are
available to the site. Any specific public and private improvement requirements and
utility connection points will be determined when, the property is dev~loped. The proposal
meets 12.030(3)(c).
ZONING MAP AMENDMENT CONDTIONS OF APPROVAL:
SDC12.040
SDC Article 12 allows for the Approval Authority to attach conditions of.approval to a
. lone Change request to ensure that the application fully meets the criteria of approval.
The specific language from the code section is listed below:
12.040 Conditions of Approval
The Approval Authority may attach conditions as may be reasonable necessary in order
to allow the Zoning Map amendment to be granted
Staff have reviewed the Zone Change request and supporting information provided by
the applicant and do not recommend any conditions of approval other than the condition
already stated for the Metro Plan I Refinement Plan Map Amendment related to trip cap
requirements.
The Planning Commission may choose to apply conditions of approval as necessary to
comply with the Zone Change criteria.
LRP2007.000/3 & lON200 7.000 I 2
30
C;_,)1
,
ZONING MAP AMENDMENT (ZON2007-00012) CONCLUSION AND
RECOMMENDATION
Staff finds that the request meets the criteria of SDC 12.030. Upon review of the'
evidence provided by the applicant, site visits, existing structures/uses and review of the
applicable criteria of approval, staff finds that the applicant's request fora zone change.
from LMI to CC is 'appropriate for the subject property and recommends the Planning
Commission approve the attached Order and forwara the proposed Zoning Map
Amendment Application ZON2007-00012 to the City Council with a recommendation for
adoption", . . .
] I"
LRP2007.00013 & ZON2007-000/2
C::_l'l
EXHIBIT A-1
.
5.0 TRIP GENERATION AND DISTR.IBUTION
5.0 TRIP GENERATION
To detem1ine the traffic impacts of a development on a roadway system, the number of
vehicle movements resulting from the development must be estimated. These
movemerrts are referred to as "trips". Trip generation is the estimated voll\me of trips
resulting from the developm.ent,
The amolmt of trips expected to be gerrerated by thepropgsed development was
. determirred using the inform~tion contained in the ITE Trio Generation Manual, 7th
Edition, The equations in the manual predict the number 'of trips generated based on.the
gross square feet of l100r area. Separate trip generation. analyses were performed for the
AM and PM peak hours for the development. .
Under the current Light-Medium Industrial zoning the develop.!TIent si.ie can be built out
to include a variety ofland uses specified in Springfi~ld Development Code Article 20.
The maximum trip generation of the developmerrt was determined for the 'allowed land
uses under the' CUITerrt zorring. Tables 5 arrd 6 illustrate the maximum developmerrt
poterrtial and subseqllently the maximum, trips generated by the development site using
the following ITE Land Use Codes: .
I
: i
. Land Use Code 760 - Research and Developnlent
. Larrd Use Code 714 - Corporate Headquarters'
. Land Use Code 492- Health/Fitness. Club
. Land Use Code 565 - Daycare Center
.-" Research and.
. Development'
760
80
Ln(T)=08WlI1(X)+088 114. o.a." .'0.1? .;95 .; 19" '
'.
~.~lWl~~!~~t~IiJi!m~j,.l1l!lf.R~ ,
Health Fitness Club 492'.4 T=1.21,;x 5 0.42 0.58 ,2 " '
. .
. ' .
. :;-iJ;";~];~.~!~i1.~:~(ei\J~~;.~ I;,~~&,;~,~I~~~~t.~!:&:~litfu;;tft~YfJ~~~~~f/1Jij \'~~l~jj )ir~i r-'!~J~f;~.~i .
.' .
Total Trips
229
168
61
. .
"" I Tn ^"lcnIlQTATlliN ENGlNEER.ING I E3ste--=-r))0r.~\d ~,e:one - ~~nngReld, Oregan I March 6, 2.007 \ 18
.
Table 6:'
Research and ' 760
Development'
Ln(T)=0.83'ln(x)+1.06110' 0,15
93'
,~;; .
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','f:f:!"",' '('T\.-':::0-'~,8;',';,',"',."",'", ,~,
0.",-0 '~L . f,,-,' ..
~~~~~J'i(~~~:i~~1'''o-F;~~' <,
!~f~~'~L:Ji::f.i
~:33'mj~!
~.;10i),,,;\',,!Ii..'
%;J''''-<l'V~;l
'0.49 ',8,:!,~~:f
:'!~ \/~: ~\;:~~~J~~{ t:::~:~~,~;;~
T =405 '~\"":'.'.,,".,.:,':,!.:,:_.~.,:'., '''",:;',','.)6f , 0',51,; .
".: .~;', c. . :",{.J:,': ".h ':'
. :, Health Fitness Club
. . 492
4
;-.
r.:.'1J"'5'ffS'"I.';::"
'tr.tiJ~~~~~'~ ."
"iij._"">._;".a. _';."'~
t~~~~'1i""-r.:.:
.. Total Trips: "243 ':':~\,,>'dH,6..9("V]j
With the zone change tbe.development site will be built to include an approximately
:3'0,000 square foot medical office building, The land llse code for a fully developed
. medical office building was 720 - Medical-Dental Office Building. This was used in
place of Land Use Code 630 - Medical Clinic becallse, after close inspection of the Tri'p
. Generation Manual. itwas detemlined that the sample size for this category of land use
was too small to create a reliable estimate of trips generated, Table 7 illustrates the tmffic
generated by the proposed 30,000 square foot medical office building. Tax Lot 402 is
currently occupied by a conunerciallsflecialty retail center. Witli the proposed zone
change, the building will remain on the property and will continue to operate as a .
specialty retail center. Vehicle trips using this site have already been accounted for on the
roadway in the background tmmc volumes: therefore, no new development trips' were
assigned to this Tax Lot. .
...."":I..d......d'. '.',,""0,."'0'''''.'' ...." . .''''
.,',ilJ.e, lc:a! "fllce l3ulldmg.r<>""J20'""
.~:2:~~':~~:,;~L1~,1t~lf~\~tt~!~iiID~~:~~;~i~ :~t;.i:}~~:-~~
T=2.48'x
74
79% 21%
58
AM
. . ',".' .0 'Lii(TI=a9:i'ln((1+1~TY,fij:i:',~ ''[l%? "3%ili\'!is":',,1t5::,;
'; ,:\,:, ;::<.i )~";:' .'. ,;:: ..",,,:.~tlli:~1$1;iii,tJE'~,~~;!ij ~'f~fi::l; t~;ii,:}(~
There are 155 fewer ANI and 140 fewer PM vehicle trips generated by the' medical oftice
building when compared to the maximum potential of the site under the Cllrrent zoning.'
jR.H TP",NSrOR.TATlON ENGINEER.I~IG I East SpnngReld P,e"on~' SpringReld, Oregon I March 6,2007119
5-34
Ex-i-lIbll A-'L
,
16
.
S.l TR.lr DISTR.IBUTION AND "ASSIGNMENT
After determining the trip generation, the flext step in the analysis requires distributing
and assigning the trips to the existing traflic network. Trip distriblltion allocates the trips
generated from the developments to generalized destinations. Trip assignment routes
trips to these gefleralized destinations via the actual street network. The trip distribution'
for this project was based Ofl the existing distributiofl patte'rn of the study area roadway
network., where applicable. Access to Tax. Lot ~OO is assumed to be limited'to: a single
full-movement access from Main Street. Figures 9 and 10 shows the assigned vehicle
trips generated by the 30,000 square fo?t medical o(fice building for the AM. and PM
peak period respeCtively.
5.2 BUILD TRAFFIC VOLUMES
. .
To detem1ine the Build traffic volllmes the development trips assign~dthwughout the'
study area were added to the background trat1ic data. The year 2008 AM and PM Build
year tramc volumes are illustrated in Figures 11 and 12, respectivelyc'The year 2023 AM
. and PM Build year traffic volumes are illustrated in Figures 13 and 14, respectively
:
JR.H TfV\,NSrOR.TATlO~j ENGINEER.ING I East Springfield Re;:one . Springfield. Oregon I March 6,2007120
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EXHIBIT A-4
..'1'
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7,0 TPR FINDINGS
The follo\ving discusses the Oregon Administrative Ruling 660-012-0000, the
T ransportatlon Planning Rule, and the effect ofthe proposed development on the
transporta\ion facilities asir applies to the ruling,
660-012-0060
Plan and Land Use Regulation Amendments'
. (I)Where an amendment to ajimclionLll plLln, an acknowledged comprehensive plan, or
a land use regulation would significantly aj/ect all e,~isting or planned trclnsportation
'. facility the local government shall pul in place meas{r~es as provided in section (2) of
this nile to assure that allowed land uses are consistent with the identifiedfi;nction,
capacity, and performance standclrds (e.g. level of service, volume 'to capacity ratio, etc.)
of the facilily. A plan or land use regulation amendment significantly affects a
transportation facility if it would: .
- .
(a) Change the fill1cliollal classification of WI existing or plann~d transportation}Clcility
(exclusive ofc'orrection of map errors in (111 adopted plan):
I
. The addition of development traffic on the adjacent roadways does not cause the
change in li.mctional classilication of any of the trans'portation facilities,
I
(b) Ciwnge slCllldards implementing afimctionalclassificaLion system: or
I
The standards implementing a li.lOctional classilication system within the project
study area are not changed by the proposed development.
Ie) As measured C/t-Ihe end of the planning period identified in the adopted lransporiation
jystem plan: .
I
I
(.4) Allow lC/nd use;' or levels of development that would result in types or levels aftrC/vel
or access thai are incol1sistent with Ihe functionLlI classiflCCltion of an existing or planned
transportarion jilcilily;
The proposed development does not result in types or levels of travel or access
that are inconsistent with the li.lOctional classification of the studied transportation
facilities.
IB) Reduce Ihe perjurmC/nc>! of an existing or plC/nned trcrnsporlation facility below the.'
minimum acceplLlble peljumwnce swnc!ard identifi>!d in the TSP or comprehensive plan;
or
The addition of development tr~f:tic does not reduce the performance of an
existing or pl~nned transportation facility below the minimum acceptable
performance standard.
jRH TRANSPORTATION E~IGINEERI~IG I East Springfield Re:one. Springfield. Oregon I March 6, 2007131
5-'-36- . . .
.
(C) Worsen the performance of an e.~ijting or p'ianned transportrltiarifacilitythat is
otherwise prajecl.ed to perform below rhe minimum acceptabie pelfarmcince standard
identified in the TSP or compreheJ1j:ive plan. .
The addition of developrnent traffic does not further degrade the perfoffilance of
intersections projected to perform below the minimum acceptable performance
standard. .
As shown" the proposed redesignation of Tax Lot 400 and 402 does not result in a
"significant effect" on the transportation facilities as'defined in the TPR.
"
. ,
8,0 SUMMARY AND RECOMM,NDATlONS
This report provides an analysis of potential traffic impacts resliltin:ffrom the proposed
redesignationlzone change and future development of the subject site in'Springfield,
Oregon. This development will include approximately 30,000 squareJeet of medical
office space. The parcel proposed for development is located east of 44th Street and' west
of 48th Street on Main Street. A single unsignalized, full-movement access point on Tax
Lot 400 and existing driveway access to Tax Lot 402 is assumed.
Completion of the proposed development is anticip~ted for the year 2008. This report
includes year of completi'on analysis, year 20Q8, for the roadway network within the
study area. In addition, a horizon year analysis was performed for the year 2023.
A perfonnance analysis was completed for the intersections of Main St5eet and 42nd
Street, Main Street and 48th Street, Main Street at 44th Street, and Main Street at 46th
Street. The operational analy~is6f all intersections within the study area shows that .
under the Build condition no degradation in volume-to-capacity ratio in comparison to .
the No-Bllild condition occurs due to thi: additional trips produced by this development.
All study areas meet the mobility standard lor the Build co.ndition.
A queuing analysis was perlormed for the intersection 'Wlthin the study area, The queuing
analysis, which assumes the current lane configuration throughout the planning horizon,
was perfoffi1ed to determine the amoltnt of required storage length due"to the construction
of the project. The results of the queuing analysis indicate that all'existing storage lengths
will facilitate the queuing anticipated for the.tmITII: demand, including the proposed
development.
According to the tinding under Oregon Administrative Ruling 660-012.0000, the
Transportation Planning Rule, the proposed redesignation onn Lot 400 and 4.02 does
not resuLt in a"significant etfect" on the transportation facdities as det~ned in the TPR.
JR.~ ntA.NSrortTATlOt'1 ENGINEER.ING I East Sprlng,field Rez.one. Springfield,. Oregon I March 6,2007132
c: ,0'"
EXHIBIT A.5
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EXHIBIT A-6
'Memorandum
City of Springfield
Date: . April 4, 2007
To: David Reesor, planner III
From: Gary McKenney, P .E., Transportation Planning Engineer
Subject: LRP2007 -00012 PeaceHealth PAPA
The following comments and recommendations are based, on my preliminary review of the
assumptions used in the traffic analysis report (TIA) and other materials provided with the .
subject application. Pertinent pages ofthe TIA are attached for reference,
Traffic Impacts Analysis
In estimating the trip-making potential of site development under existing LMI
designation/zoning the TIA assume the land uses as depicted in Table 5 (Page 18 ).
Recornrnendatiorr Confirm that the us!'s 'assumed in the "existing-designation"
development scenario are permitted, and that \hey represent a "reasonable worst case,"
In estimating the trip~making potential of site development under proposed CC
designation/zoning the TlA assumed a single land use (Medical Office Building) as depicted in
Table 7 (Page 19). .', .
RecorP!T1e.n0ation.:. Confirm that the use assumed in the "proposed-designation"
development scenario represents a "reasonable worst case." If not, we need to deCide
whether limiting allpwed development to the level assumed U, the TIA would be an '
acceptable means of ensuring that future development would not generate traffic in
excess of what is estimated in the TIA. Ifwe find that the assumed Medical Office use
would under-utilize the land; then we will\vant the TIA revised to.reflect the impact ofa
true ;'reasonable worst case."
Goal 12 TPR AnalysislFindings
The P A.P A application refers to the Goal 12 findings contained in the TIA. These are presented
on pages 31 and 32. The validity of these finds will depend on the details of the technical'
analysis and supporting assumptions.
5-38
EXHIBIT A-7 .
REESOR David
From: MCKENNEY Gary
Sent: Thursday, April 05, 2007 9:23 AM
To: REESOR David
Subject: PeaceHealth pAPA Traffic Analysis
Follow Up Flag: Follow up
Flag Status: Red
David,
.
In considering what a "reasonable worst case" development scenario might be for the re-zoned condition
it IS clear that a 30 KSF Medical Office 'Building is much [es.s intense than oHler uses that would be
permitted in the CC zone, On a per-square-foot basis the;MO is estimated to generate 2.47 vehicle
tips/l,OOO SF and 3.43 vehicle tips/I,OOOSF during the AM and PM peak hours respectively. For
comparison the average rates for a "Fast-Food Restaurant with'Drive-Thi;ougj1 Window" are 53.11
vehicle tips/] ,000 SF and 34:64 vehicle tips/l ,000 SF. " .
" .
In considering the Goal 12 "insurance policy" issue some more I thought of another possibie way to deal
with it, which we did not discuss yesterday. We might choose to limit the trip generation for the
rezoned land to be no greater than what would be expected from development under a reasonable worst
case with existing zoning. .' .
I'd like to discuss these Ideas further in our meeting with Ed Moore, .
"il
Gary
c ~n
c.^nIDII J-l..~O
-Oregon
Department of Transportation
. Region 2 Tech Center'
455 Airport. Road SE Building A
Salem, Oregon 97301-5397
Telephone (503) 986-2,990
'Fax (503) 986-2839
. Theodore. R, Kulongoski, Governor
File: T15-2 .
DATE:
May 10,2007
TO: Ed !Yloore
Area 5 - Senior Planner
.FROM: Stephen B.Wilson~ PE
Regio~ 2 Senior Traffic Analys
SUBJECT:' East Springfield Rezone
Traffic Impact Analysis Review .
Highland Business Park - Peacehealth Medical Office Building
McKenzie Highway - OR 126 Bus. (Highway #15)
Milepost 4,61'- 5.00
City of Springfield
L~ne County
These are review corrunents for the East Springfield ftetone Traffic Impact AnalySis (TIA), prepared by
JRH Transp0l1ation Engineers, The focus of this reView is the analysis methodologies and assumptions,
The results and conclusions cif this study are in question, due to !loted inconsistencies, It.is recommended
this study be revised, taking into .account these corrunents. . Region 2 Tr~fi.c .will need to review any
revised traffic study, to ensure it complies with ODOT requirements, before .is. can be.deemed acceptable.
~age . paragraph
7 Table 1
8 Seasonal'
Adjustment.
8 Peak Hour;
,.f. .>"c;':.' COITlInerit" . ";,,/,,,' I
The classification of Main Street (OR 126) inust also be iisted by the I
ODOT highway classificatiorr. . '.'
This study needs to demonstrate how the Seasonal Adjustment factors
were applied to the .raw trafEc data. A graphic showing .the raw
traffic volumes should also be included. .
The peak hours assumed for this study seemreasonable; assuming the
Peak Hour Factors were calculated off data from these assumed hours,
and were the same for all intersections.
-The 2006 E.~isting PM Peak traffic volumes do notseen\ correct. As
part of this review, calculations were made using the raw traffic dat~
and the assumed Seasonal Adj~'tm~nl factors, presented in this study.
The review calculatimis were unable to confirm the traffic volumes
presented in Figure 4. See related corrunent for page 8.
ODOT does not have a standard from which you can compare an
Int~rseclion Crash Ra'te. This study cltes a crash rate threshold of 1.0.
This is not an ODOT standard, and it is unclear where this standard
may have originated. The only ODOT standard for comparison is a
S~gment Crash Rate, which should be calculated for the crashes in at I
I least a mile of the study area roadway,
\1
Figure 4
12
Section 3, I
5-40
:
. EXHIBIT A-9. .
Comment I
This study must demonstrate how the Historical Growth Rates were
applied to the 200630'1' Highest Hour traffic volumes. Calculations to
confilID the 2008 and 2023 data were unable to duplicate the future
._ ~olumes ~l~(i~~h~s_teport.. . . .
. This report states the maximum development potent In I was
determined for the property, given its current zoning of Ught-Medium
lnd"strial. For this scenario, how was the maximum allowable
development determined?
The trip generation assumptions and output in this table are accurnte. I
This study's trip generation analysis for the proposed zoning, assumed
a 30,000 sf Medical Office Buildil1g would be the only development
on this site, To satisfy the requirements for a TPR.!evel analysis, the
trip generation study for the proposed zoning must be for the
maximum allowable develoomenl on that site, given the City's
develo?ment codes and reo;ulatio'ns.
.The traffic volumes for all Future Bui\d~Out data sets will need to be
r'evised to account for corrections made 'to address the previous
comments.
I Page '
13
18
18
19
nfa
Paragraph
Growth Factors
Existing.
Zoning Trip
. Generation
Table 5
Proposed
Zoning Trip
Generation
. Future
Build-Out
Trame
Volumes
rJa
Section 6.0
rJa
Manual Count
Data
rJa
S ynchro
Analysis
31
Section 7.0
The traffic data for this study is in question. AllY analysis made from
, these data sets is also questionable and must be revised; taking into
account the previous comments. This comment can also be applied to
~ueuing analysis developed for this study.
The scope of work for this TlA required 3-110"1" Manllal Classification
COllnls for all study-area intersections. However, a review .of th'e
manual count data was unable to determine any tlUck volumes or
pero.el1t~gcs. The ttuck traffic in tillS study area is signi.ficant, and
must be taken into account.
A review of the Synchro output has noted several inconsistencies
throughout. the analysis:
All [deal Saturation Flow'rate of 1900 pcphpl was assumed
for both signalized intersections '(42'" & 48'''), while .IS00
pcphpl was assumed for the two unsignalized intersections.
The ODOT Analysis Procedures Manual requires a saturation
flow I'ate of 1800 pcphpl for all intersection analysis.
. The truck percentages must be based on real-world data. The
Syncllro default,of2%.is not acceptable, '
. Unless the Yellow Time (s) entered' into Synchro for the
signalized intersections is based on either an ODOT or City
timing sheets, this analysis should assume 4.5 seconds of
yellow for the OR 126 approaches, and 4,0 seconds of yellow
for the City-street approaches, The 5.0 seconds of yellow is'
generally reserved for highways with an 85'" Percentile Speed
equal to, or greater than 45 mph. '
The TPR flUdings from this study are in question, due to the
inconsistencies noted in this review. It is very likely they will need to
be revised, based on the recommendations in this review.
C' .1"1
c^n U::J I I M-IU
32
Section 8.0
Based on the previous comments in this review, .the conclusions
drawn and recommendations. proposed are in .question, It is very
likely they will need' to be revised, based on therecommendatiorls in
" .."
this review.
~.' -~,::.';:f" .
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....,...
; p age\ ';"tp al"llgr a p 6'" ':.~;f]rf;'4g'~;;';;~~'f,~,i~:~i~~~;'i;cofiJ.m~rifti;"*!ti~i;;:~:;F;J;:-:
If you have any questions regarding my comments, please contact me by phone at (503) ,986-2857 or by
e-miilat Sle17hen.b. wi[son(iiJodo{.stote.or. us,
Cc: Jim Hanks - JRH
David Warrerl
Jane Lee
Mike Spaeth
Dennis Santos
File
.
S-d? .
FW: Springfield - East Springt; . Kezone I1'K fWdly>l> J:\."Vi"'"
- ..0.
EXHIBIT A-11
REESOR David
From: MCKENNEY Gary'
Sent: Tuesday, May 15, 20074:28 PM
To: REESOR David
Subject: RE: Springfield. East Springfield Rezone TPR Analysis Review
Attachments: LRP2007-00012 Trans mem01.DOC
David ---
I believe Steve Wilson is thinking in the context of an unconditioned approval of the PAP NZC.
Given the approach we planned to take in conditioning this approval, I thinkonly Item 1118 of his noted
issues is relevant to ensuring Goal 12 compliance.' .
This issue was discussed in my April 4, 2007 memo to you (copy attached). .I assume you can respond
to Steve's question on how we conclude that the assumed existing-zoning development scenario is no
more intense than ."worst case."
Ifwe condition the PAPA to limit trips to less than or equal to what would be generated by the "worst
case," ,all the other issues appear moot.
Gary
From: REESOR David
Sent: Monday, May 14, 2007 10:34 AM
To: MCKENNEY Gary
Subject: PN: Springfield - East Springfield Rezone TPR Analysis Review
Gary-
What are your thoughts on the attached memo?
-OR
"~..."....",,..,,....,-
,--~-_.~-- -
From: ~\OORE Ed W [mailto:Ed.w.MOORE@odot,state.or.usj
Sent: Monday, May 14, 2007 8:06 AM
To: REESOR David; MCKENNEY Gary
Subject: PN: Springfield' East Springfield Rezone TPR Analysis Review
FYI
~_A~
A -:":I:"" A ~A ..
EXHIBIT A-13
. REESOR David
From: MOORE Ed W [EdW.MOORE@6doLstate,or.usj
Sent: Monday, May. 21,20073:14 PM
To: REESOR David
Subject: RE: PeaceHealth Plan and Zoning Map Amendment
Dave, that is what we agreed to at our meeting and it still hold for us. Ed
-----Original Message--n
From: REESOR David [mailto:dreesor@ci.springfield.or.usj
. Sent: Monday, May 21, 2007 11:49 AM
To: MOORE Ed W'(OR)
Cc: MCKENNEY Gary
Subject: PeaceHealth Plan and Zoning Map Amendmen('
Hi Ed-
1 just wanted to clarify with you ODOT's position on the PeaceHealth proposal (LRP2007.{J0013 & .
lON2007-00012). Based upon the meeting you and I had with Gary McKenney, we are all in agreement
. that the' most appropriate way to address Goal 12 compliance on this proposal is by conditioning a trip
cap to what the worse case scenario would be under existing zoning (LMI). Does this sound correct to
~~ . '
. Thanks, '
David Reesor
Planner III
City of Springfield
541.726.3783
,"
,
5-44
FW: Springfield - East Springf . KeZonell'K AIlalYS1SKCY1CW
... -,::)..............--
EXHIBIT A-12
---Original Message---
From: W!L:S~N Stephen B
Sent: Friday, May ll, 2007 10:03 AM
To: MOORE Ed W .
Cc: jimhanks@jrhweb;cam;'WARREN David; LEE Jane ,?; SPAETI1 Michael. A; SANTOS Dennis N
.Subject: Springfield. East Springfield Rez.one TPR. Analysis Review
Ed...
This is my technical review of this TIA submitted by JRH, I'apologize for the delay in
getting this review out.
<<East Springfield Rezone TPR Analysis Review.pdf""
Stepfien $. Wif.1an, PE
Senior Transportation Analyst
ODOT - Region 2 Tech Center
455 Airport Road SE - Building 'A'
Salem, OR 97301-5397
(503) 986-?857
"
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..
>.
, m peaceHealth
, .
March 15, 2007
TypeIl Metro PlanlEast Main Refinement Plan
. Diagram Amendments
Written Explanation of the Proposal
. Applicant:
PeaceHealth Oregon Region
th '
. 770 E. 11 Avenue
P.O. Box 1479
. Eugene, Oregon 97440
Property Owners:
Hyland Business Park, LLC (Tax Lot 400)
1941-A Laura Street
Springfield, OR 97477
Altn: Shaun Hyland
(541) 726-8081 .
Andrew Head (Tax Lot 402)
1616 Ardendale Ln,
Eugene, OR 97405
(541) 521-3403 .
Applicant's
Representative:
Philip Farrington, AlCP
Director, Land Use Planning & Development'
. PeaceHealth Oregon Region'
123 international Way
Springfield, Oregon 97477
(541) 686-3828' Fax (541) 335-2595
P farringto n@peacehealth.org
1.0 Land Use Request
PeaceHealth Oregon Region (the "Applicant") requests approval to change the map
designation on the Metropolitan Area General Plan ("Metro Plan") diagram from Light
Medium Industrial ("LMI") to Community Commercial ("cC")for approximately 5.24
acres identified as Tax Lots 400 and 402 on Assessor's Map No. 17-02-32-00. This same
acreage on the site is being proposed for a concurrent amendment to the Springfield
zoning map from LMI to CC, as allowed in Springfield Development Code CSDC")
12,020 (1)(a)l
5-46
Metro PlanlEMRP Diagr'am Amendment Page 2
PeaceHealth Oregon Region
March 15 2007
- --_.- - - -.---
The area subject to the' proposed land use designation changes is mapped on Attachment
A, and is referred to collectively in this application as the "subject properties" or "site."
pursuant to SDC 7,110 (4), approval of the requested Metro Plan diagram amendment
automatically amends the refinement plan diagram and is processed concurrently,
Findings of fact addressing the criteria of approval in SDC 7.070(3) are included in this
narrative statem~nt (see Section 5 below). . .
2.0 Project Purpose, Relationship to East Main Refinement Plan
The Applicant seeks to redesignate and rezone the subject properties to CC so they may
be developed for c~mmercial,uses (i.e., Tax Lot 400), including a possible future medical
clinic which could serve residents in the growing.eastSpringfleld area, and to be allowed
to continue long-standing commercial operations (i.e.:Tax Lot 4(2). Approval of this
land use request would preserve employment and existing viable' commercial operations'
on Tax Lot 402, 'and create stable family-wage employment opportunities on'Tax Lot 400
_ a vacant and underused industrial site. The proposal would also help beautify this "
portion of Main Street from its traditional industrial yard uses, and future development
would provide a superior buffer for residential uses to the west than curre~t1y exists"
The proposal is also consistent with the East Main Refinement Plan (EMRP) criteria for
designating property as Commercial within the refinement plan (HARP, pg. 12) since:
a) The proposal would not be an intrusion i!1to a well-maintained residential
'neighborhood, The proposal would allow for higher quality development than has
historically existed on the vacant industrial site (Tax Lot 400), therefore providing
opportunity for improved buffering between abutting residential and non-
residential uses. Tax Lot 402 borders only Tax Lot 400 and two commercially
zoned parcels, so legitimizing the pre-existing commercial uses on that property
. would not affect the existing residential area nearby.
b) It does not increase conflict between Low. Density Residential and Commercial
uses, but in fact can provide for uses and development far superior to those that
have traditionally lJeen located adjacenUo the ab'utting residential area.
Moreover, the area abutting Tax Lot 400 to the west is zoned Medium Density'
Residential, though in primarily low density residential use.
c) The criteria for designating Medium Density Residenti'ai land does no't appiy
because the subject properties are not currently developed, nor have they ever
been designated, for MDR uses. .
d) Legally created commercial Llses have existed on the properties, and the proposal
would facilitate higher quality commercial uses (sLlch as medical offices) than
have existed before on Tax Lot 400, and allow for Plan designations and zoning
to correspond with long-standing legally establlshed commercial uses on Tax Lot
402.
e) Adequate access exists to an arterial street, with existing curb cuts directly onto
Main Street.
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. Metro PlanlEMRP Diagram Amendment
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f) Upon a:pp~oval Of this request, the site wouldhave.a Commercia!.designation on
the Metro Plan diagram. .
The proposal is also consistent with,EMRP Policy 2: "Apply site-specitic Commercial
refinement plan designations to clearly define the'limits of new commercial uses where
there isnot an existing, legally established, and beneficial mixing of uses." (pg.12) The
proposal to allow for a broader, more beneficial range of commercial and employinent-
generating uses on the subject properties. It would also improve the area and better
distinguish and buffer adjacent residential and industrial business park uses,
3.0 Site. Context .
Thesupjectpioperties include a vacant, flat parcel (Tax Lot 400) arid existing
commercial development' (Tax Lot 402) east of 44th Street along- Main Street in east
Springfield. The site is'bordered on the south by Main Street, o~ the east by the Hyland
Business fark~ on the north by an open area south of the Weyerhaeuser mill site (Tax Lot
400) or an existing commercially zoned parcel (Tax Lot 402), and on the west by other
. , .
small-scale commercial enterprises (e.g., a cabinet shop and karate school) fronting Main
Street and residenti'al h'omesalong 44th Street west ofTa.,"{ Lot 400. Commerciai
enterprises are located immediately south of the site across Main Street (e.g., Gray's
. GardenCenter).
. Whilehistorically involved in agricultural ilses, since around 1990 Tax Lot 400 was used
asastorage and sales yard for landscape organics and forest by-products. . The current
propeity o,vners also used the site to store modular construction offices, tool trailers,
construction equipment and c'oncrete form plywood: Tax Lot 402 has had various
commercial services on site since the ,1950s,
The properties have no jurisdlctional wetlands or inventoried Goal 5 natural or historic
. resources. .The site is within the Springfield Urban Growth Boundary, and both parcels
were annexed, into the City Of Springfield in 1960. The EMRP diagram (adopted in
1988).curre~tly designat.es the subject property for industrial uses.
The abutting property to the east is designated Light/Medium.lndustrial in theEMRP
diagram and zoned LM!. The areas immediately to the west and south of the.site fronting
Main Street are identified as being within Mixed-Use Area #2 in the EMRP, and are all
zoned Community Commercial Property to the west of Tax Lot 400 along 44th Street is
zoned and designated' Medium Density Residential
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4.0 ,Type.11 Metro Plan Diagram Amendment
Amendments to the Metro Plan are classified as Type I or Type II amendments,
depending upon the speciflc changes sought. The proposed Metro Plan and EMRP
amendments are "site specific" and relate to property solely within the corporate limits of
the City of Springfield. The Metro Plan defines Type II amendments as:
'''[A]ny change to the Plan diagram or Plan text that is site specific'
and not otherwise a Type I category amendment." ,
The .proposed amendment is a Type II site-speciflc amendment because it:
. Irtvolves a specific geographically identifiable property;
. Does not change.the metropolitaf) Urban Growth Bou,ndary;
. Does not change the Metro Plan jurisdictional boundary;
. Does not require a goal exception;
. Does not include a non-site-specific amendment of the Metro Plan text; and
. Applies only to property located 'within the Springfield City limits, .
Accordingly, the current proposal is properly characterized as a Type II amendment (as
deftned in SDC 7.030) that must be reviewed and approved by the City of Springfield,
consistent with SDC 7:070 (2)(a). Per SDC 7.040 (2)(b), this citizen-initiated Type II
Metro Plan amendment can be i~itiated at any time. .
5.0. Applicable Approval Criteria '
Type II Metro Plan amendments are evaluated according to the criteria of approval
contained within SDC-7,070 (3), which provides:
,.
"The following criteria shall be applied by the CityCQuncil in
approving or denying a Metro p.lan amendment application:
(a) The amendment must be consistent with the relevant
Statewide planning goals adopted by the Land
Conservation and Development Commission; and
(b) Adoption of the amendment must not make the Metro
Plan internally inconsistent." .
Findings demonstr:lting consistency with the ~pproval criteria are oLltlined below.
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5.1 Consistency With Statewide Planning Goals
The following findings address compliance with Metro Plan criteria in SDC 7.070 (3)(a).
Approval of a Metro Plan diagram amendment also correspondingly changes the
applicable refinement plan diagram, as established in SDC 7.110 (4),
Goall - Citizen Involvement.
Goal I addresses the need to develop a citizen involvement program to ensure citizen
invol vement in all phases of the land use planning .process. Th~ Planning Commission
and the City Council will hold p,-;blic hearings and accept testimony on the proposal.
Through the procedures established by the city, citizens will receive notice of hearings in
generally published local papers and have the opportunity to be heard regarding the
. proposed diagram amendment and zone change. Nntice of the public hearings will also
be given in accordance with SDC requirements to nearby property owners, interested
parties. requesting notice, and any established neighborhood organization. Since the
amendments comply with the City's citizen involvement program and citizens have
opportunities to be involved in the procedure, the proposed amendments are consistent
with Goal I.
Goal 2 :..- Land Use Planning
Goal 2 requires that local comprehensive plails be consistent with the Goals, that local
comprehensive plans be internally consistent, and that implementing ordinances be
consistent with acknowledged comprehensive plans. Goal 2 also requires that land use'
decisions be coordinated with affected jurisdictions and that they be supported by an
adequate factual base. As required in SDC 7.050, the City is required to give referral
notice of the proposec\ Type II Metro Plan diagram amendment to the City of Eugene and
Lane County so they may determine if there are grounds to participate as parties to the
hearing. The City also sends the statutorily required notice of the initial.public hearing
45 days in advance to the state Department of Land Conservation and Development,
ensuring th~t they are given opportunity for comment and review conformity to
, applicable statewide planning goals,
The Metro Plan and the SDC, as well as the Statewide Planning Goals and applicable
statutes, provide policies and criteria for the evaluation of comprehensive plan
amendments. ' Compliance with these measures assures an adequate factual base for
approval of the proposed Metro Plan diagram amendment. As discussed elsewhere in
this document the amendments are consistent with the Metro Plan and the Goals.
,
Consequently, by demonstrating such compliance, t~e amendments satisfy the
consistency elementof Goal 2.
Goal 3 - Agricultural Lands
This goal is inapplicable because as provided in OAR 660-\ 5-000(3), Goal 3 applie.s only
to rural agricultural lands. The subject properties are located within an acknowledged
urbangrowth boundary, are inside Springfield's corporate limits, and have not been in
agricultural use for decades.
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Goal4 - Forest Lands
Goal 4 does not apply within urban growth boundaries, per OAR 660-06-0020, and the
areas affected by the Plan amendments are inside Springfield's acknowledged UGB.
GoalS - Natural Resources
Goal 5 requires local governments to protect a variety of open space, scenic,historic, and
natural resource values. Goal 5 and its implementing rule; OAR Ch. 660 Division 16
,. ,
require planning jurisdictions, at acknowledgment and as a part of periodic review, to'
(1) identify such resources;
(2). determine their quality, quantity, and location;
(3) identify conflicting uses;
(4) examine the economic, social, environmental, and energy
(ESEE) consequences that could result from allowing,
limiting, or'prohibiting the, ~onflicti~g uses; and
(5) develop programs to resolve the conflicts.
The subject properties are not on Springfield's acknowledged Metro Plan Goal 5
inventory. No threatened or endangered species have been inventoried on the site, and no
archeological or significant historical inventoried resources are located on the site. The
National Wetland Inventory and Springfield Local Wetland Inventory maps have been'
consulted and there are no jurisdictional wetlana. located on the site. Therefore, the
proposed amendment does not alter the City's compliance with Goal 5.
Goal 6 _ Air, Water: and Land Resources Quality
The purpose of Goal 6 is to maintain and improve the quality of the air, water and land
resources of the state. Generally, Goal 6 requires. that development comply with
applicable state and federal air and water quality standards. In the context ofthe
proposed Metro Plan diagram amendment, Goal 6 requires that the applicant demonstrate
that it is reasonable to expect that applicable state and federal environmental quality
standards can be met.
Though Tax Lot 400 has been used for low-value storage and quasi-industrial uses, the
site is not listed on any state or local environmental clean-up list. A Phase I .
environmental assessment on the subject property was conducted and recommended
additional analysis. Upon recommendations through the Phase 2 environmental
assessment a nominal quantity of soil (less than 10 cy) impacted by earlier/historic use
was removed from the site and properly disposed. Given the nominal impact generated
by historic uses on the site, it is reasonable to conclude that future development on the
site will be able to demonstrate compliance with City standards for water quality
protection through the site plan review process, thereby complying with applicable state
and federal environmental quality standards.
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Goal 7 - Areas Subject to Natural Hazards'
Goal 7 requires that development subject to damage from natural hazards and disasters be
planned and/or constructed with appropriate safeguards and mitigation, The goal also'
requires that plans be based on an inventory of known areas of natural disaster and
hazards, such as areas prone to landslides, flooding, etc,
The site is flat and not' subject to landslide hazards, an'd is located well outside of any
established FEMA flood hazard area. Therefore, approval of the proposed Plan
amendments will not alter the City's acknowledged compliance with Goal 7 through its
adopted plans, codes and procedures,
GoalS - Recreational Needs
.Goal 8 requires local governments to plan and provide for the siti'ng of necessary
recreational facilities to "satisfy the recreational needs of the citi~ens of the state and
visitors," and where appropriate, provide for the siting of recreational facilities including
destination resortS. The subject site is not included in'an inventory ofrecreational sites
. . '
and the proposed amendments will not have an impact on the community's recreational
facilities or needs; therefore, the proposal does not implicate Goal 8. .
Goal 9 - Economic Development
Goal 9 requires the city to provide adequate opportunities for a variety of economic
activities vital to the health, welfare, and prosperity of the'citizens, The proposed
amendment to the Metro Plan diagram will increase the city's capacity for economic
development by adding 5 acres of CC-in place of the existing industrial designation.
Permitting the construction of future clinic facilities and allowing long-standing
commercial uses onTax Lot 402 to become conforming uses consistent with commercial
zoning is consistent with numerous policies in the City's adopted plan for compliance
with Goal 9, the Springfteld Commercial Lands Study (SeLS). .
Specifically, the following SCLS policies are applicable to the proposal:
Policy I-A: "Maintain a mixed supply oflarge and small commercial sites
through strategies such as rezoning or annexation to serve Springfield's
future population."
The proposal fulfills this policy objective by redesignating and - through accompanying
zone change _ rezoning land from industrial to commercial, for two tax lots of varying
sizes and commercial uses, thereby maintaining existing employment and commercia'l
use in TaX. Lot 402 and providing the ability for growth in medical sector employment by
allowing future clinic uses on Tax Lot 400.
Policy j-C: "Maintain at least a five-year supply of commercial land
within the Urban Growth Boundary (UGB) that is currently served or
readily serviceable with a full range of urban public facilities and
services."
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Melro PlantElvlRP Diagram Affiendmenl
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The SCLS (see Table 3-8, pg. 32) found there to be adeficit of 158 acres in the supply of
commercial land over demand projected through the year 2015. The proposal would
allow for redesignation, and rezoning, of fi ve acres thereby reducing the deficit of
commercial land. The subject site has a full range of urban public facilities and services
available to support existing commercial development on TaxLot 402, and future .,
development o~ Tax Lot 400. The SCLS identifies (pg. 33) a need to support
"employment in populatio~-dependent sectors such as retail sales and health services" to
meet Springfield's growing community. The SCLS also noted (pp. 27-29) state a~d local
trends i~ greater employment in retail trade and well-paying health services sectors.
Approving the proposed redesignation and zone change would help meet'Springfield's
demonstrated need for employment and commercial services.
Finding 3 in the SCLS (pg. 36) cited the acknowledged 1992 Iri!iustrial Land Study as
demonstrating that "a surplus of industrial sites exists in the Metro Area." Therefore, the
proposed redesignation (and corresponding rezoning) would nOt result in a deficit of
needed industrially designated and zoned land, but it would help reduce the commercial
lands deficit identified in the SCLS. Therefore, approving the proposal would be
consistent with SLCS Implementation'Strategy 3-A (I): "Evaluate inventories basedon
demonstrated need for the planning period. Initiate rezoning or redesignation of surplus
land uses where more appropriate for commercial, co~sistent with the lvle/ro Plan."
The proposal in fact consistent with inventories for cornrilercial and industrial lands
adopted by the City Council and acknowledged by DLCD as being consistent with Goal
9. Oregon Administrative Rules concerning Goal 9 implementation (OAR 660-009-
00 I 0(4)) call for amendments to land use,desighations "in 'excess of two acres within .an
existing urban growth boundary from an industrial land use designation to a non-
industrial use designation" to have to address applicable planning requirements - such as
consistency with the Metro Plan and other local plan policies (i.e., SCLS) or be consistent
. with an economic opportunities analysis. The City can find that the proposal complies
with relevant local plan policies by converting one fonn or employment-generating land
use to another, without negatively impacting the supply of buildable lands for either
category of uses. The proposal enables continued use of the existing and long-standing
commercial center to continue to operate and provide employment opportunities, while
. also allowing higher-value employment associated with future development on Tax Lot
400. These types of employment-generating uses are among those identified' in OAR
660-009-0005(6) as e\lgible non.industrial employment activities that can justify
approval of the proposed Plan diagram amendment without the need for an economic
opportunities analysis apart from the SCLS, which OLCO acknowledged,as fulflllingthe
City's obligations under Goal 9..
Because the requested redesignation and concurrent zone change implements SCLS
policies and does not result in a deficiency of needed industrial lands, and is otherwise
demonstrated to be consistent With relevant Metro Plan policies, approval of the request
is consistent with the City's compliance with Goal 9 and applicable administrative rules
regarding Goal 9 implementation.
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Goull0 - Housing
LCDC's Housirig goal requires cities to maintain adequate supplies of buildable lands for
needed housing, based on an acknowledged inventory of buildable lands. The proposal
does not affect the City's inventory of residential lands.
In fact, approval of the 'requested redesignation for Tax Lot 400 would enable
redevelopment of an industrial site abutting existing residential development. Through
the site plan review process, future development on that property will provide a superior
. buffer and a higher use that will beneftt the adjoining residential properties. Because the
proposal involves redesignation from industrial to commercial land uses, it does not
affect Springfield's continued compliance with Goal 10,
Goalll- Public Facilities and Services
This goal requires the provision of a timely, orderly and efficient.arrangement of public
facilities and services, The subject property is located within the SpringfieldUGB and
city limits, and is already designated for urban levels of use. The proposed amendment to
the Plan map designations from LMI to CC will not affect the ability to provide needed
services since all the required urban services are available to support existing or li.lture
commercial uses on the subject site.
Goal 12 _Transportation
Goal 12 requires local governments to provide and encourage a safe, convenient and
economical transportation system. The proposed map amendments involve.
appro~imately 5.24 acres of property, though existing and long-standing commercial uses
occur on Tax Lot 402 such that approval of the proposal will not result in any changes to
the type or intensity of uses on the site, and will notincrease the trip generation for that
parcel. As the attached Trafflc Impact Analysis (TIA) demonstrates, future development
of medical otlice facilities on TL 400 will not degrade mobility standards below
acceptable levels and allow for adequate queuing lengths at applicable intersections.
Therefore, the proposal will not have a "significant effect" on transportation facilities as '
defined in the Transportation Planning Rule (OAR 660-012-060).
Existing development at Tax Lot 402 is not affected by the proposal, and is assumed to
retain its current access points off Main Street. It is further assumed that future
development on Tax Lot 400 will result in some access changes as will be reviewed
through the.site plan review process,.thereby consolidating two existing curb cuts located
on Tax Lot 400 into a single access point located approximately in the center of the.
parcel. The TIA demonstrates that these access points will not result in any degradation
of mobility standards below acceptable levels, and that safe and efficient circulation can
be realized through approval of the requested land use redesignation (and companion
zone change).
Furthermore, reducing the number of access points for future development on Tax Lot
400 is consistent with policy objectives found in East Main Refinement Plan (EMRP)
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Metro PlaniEMRP Diagram Amendment
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Access, Circulation & Parking Element policy I B (pg. 17) and Commercial Element
. '
policy 3 (pg. 12).
Because the proposal, as demonstrated in the TIA, is consistent with the requirements of
the TPR and with applicable policies in the EMRP, it is consistent with Goal 12 and
applicable local implementing policies,
Goal 13 - Energy Conservation
The Energy goal is a general planning goal and provides limited guidance for
site-specific map amendments. The proposed amendment has no direct impact on energy
conservation, though it would in fact will promote greater energy efficiency by enabling
needed clinical services available to growing resid."ntial areas in east Springfield.
Therefore, the proposed amendment is consistent with, and does not alter the City's
continued compliance' with Goal 13.
Goal 14 - Urbanization
Goal 14 requires local jurisdictions to provide for an "orderly and efficient transition
from rural to urban land use." The subject property is within the UGB and the city limits
of Springfield, and within an existing urbanized area of the community. Therefore, Goal
14 is not applicable to this application.
Goal 15 - Willamette River Greenway
This goal is inapplicable because the subject property is not within the boundaries of the
Willamette River Greenway.
Goals 16-19 - Coastal Goals
The coastal goals are not applicable to this application.
5,2 Metro Plan Consistency
The application requests amendment of the Metro Plan diagram from LMI to CC for
approximately 5.24 acres. This section of the application narrative addresses the
consistency of the amendment with the applicable policies of the Metro Plan, to
demonstrate that adoption of the amendment will not make the Metro Plan internally
inconsistent (as required by the approval criteria in SDC 7.070(3)(b))
This narrati ve only addresses those policies that apply to the proposal, and does not
discuss those portions of the Metro Plan that: (1) apply only to rural or other lands
outside of the urban growth boundary, (2) apply to land uses other than the current or
proposed designations for the site and will not be affected by the proposed Plan diagram
and te,xt amendments, or (3) clearly apply only to specifIC development applications (e.g.,
site plan review submittals or subdivisions). in many instances the goals, policies and
implementation measures apply to specific development proposals that will be addressed
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Metro PlaniEMRP Diagram Amendment
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March \ 5. 2007
Page 11
through compliance with applicable City regulations during site plan review of a given
future development proposaL
. The Metro Plan Introduction, Section D provides the following definitions:
A goal as a broad statement of philosophy that describes the'
hopes of the people of the community for the future of the
community. A goal may never be completely attainable, but
is used as a point to strive for.
An objective is an attainable target that the community
attempts to reach in striving to meet a goaL An objective may
also be considered as an intermediate point that will help
fulfill the overall goal. :.
A policy is a statement adopted as part of the Plan to provide
a consistent course of action moving the community towards
attainment of its goals.
Except for the Growth Management Goals, which are addressed below, each of the Metro
Plan policies are addressed in the order in which they appear in the Plan Element section
of the Metro Plan.
S.2.A.
Metro Plan Elements
1. Growth Management
policies
1. The urbl!n growth boundary and sequential development shail
continue to be implemented as an essential means to achieve
compact urban growth, Provision of all urban services shall be
concentrated inside the urban growth boundary.
The proposed amendments satisfy this policy because the subject property is inside the
UGB and city limits and as such, encourages compact urban growth. Also, urban
services are available at sufficient levels to accommodate the existing and future infill
development resulting approval of from this application. The City's site plan review
processes ensure that the appropriate level of services is available to serve future
development.
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Metro PlaniEMRP Diagram Amendment
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2. Residential Land Use and Housing Element
PoliCies
A,lJ Generally locate higher density residential development near
employment or commercial services, in proximity to major
transportation systems or within transportation-efficient nodes,
The proposed redesignation does not affeCt the inventory or availability of residentially
designated or zoned land, including the single-family residential area abutting Tax Lot
400 that is zoned and designated for Medium Density Residential, or higher density
residential developments located east of the site along Main Street.
However, approval of the requested redes.ignation to Community' Commercial would
allow for residential areas proximate to the subject area to have close and efficient access
to existing commercial services on Tax Lot 402 and to future medical facilities proposed
for Tax Lot 400, consistent with the above policy. The areas proposed for redesignation
offer existing and future employment opportunities and provide commercial services
along a major transportation,system that can support the needs of nearby residential
development.
,.
A.22 Expand opportunities for a mix of uses in newly developing areas
'and existing neighborhoods through loc'al zoning ~nd development
reglllations.
The map amendment and concurrently proposed zone change will allow for existing
commercial 'uses onTaxLot 402 to continue to serve existing neighborhoods in the mid-
and east-Springtield area, and for future clinical facilities to be developed to serve this
rapidly growing area of the community. Approving the requested redesignation and zone
change would expand commercial opportunities to serve these neighborhoods consistent
with the 'above policy. .
3, Economic Element
Policies
B.] Demonstrate a positive' interest in existing andnew indllsm'es,
especially those pro~idil1g above-above wage and salary le'vels, and
it/creased variety of job opportllnities, a rise ift the standard of living,
and Iltilization of Ollr existing comparative advantage in the level of
edllL'atiotl and skill of the resident labor force:
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Metro PlanlEMRP Diagram Amendment
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The proposed amendment is consistent with this policy because it wii! allow medical
clinic uses to be developed to serve growing areas in east and south Springfield. As is
observed in the Springfield Commercial Lands Study (pp, 27, 29), employment in health
services is growing and approving the requested redesignation will enable increased job
opportunities with higher than average wages thereby helpingraise the standard of living
and meet the,needs of Springfield citizens, consistent with the above policy. .
B.2 Encourage economic development which utilizes local and imported
capital, entrepreneurial skills, and the resident labor force. .
The The construction of and the use of commercial and medical use's will utiliz'e both
local and imported capital and will employ the locaJ labor force in a variety of skilled, .
semi-skilled, and unskilled positions, consistent ,vith this policy. .
B.6 Increase the amount of undeveloped land zonedfor light industry
and commercial uses correlating the effective supply in terms. of
suitability and availability wit~ the projections of demand.
The proposal will add approximately 5.24 acres of Community. Commercial land,
consistent with recommendations to increase the commercial lands inventory made in the
Springfield Commercial Lands Study. The SCLS and acknowledged metropolitan
Industrial Lands Study concluded that there is a deficit of needed commercial land, and a
surplus of industrially zoned and designated land. Approval of the requested
redesignation will not cause the inventory of needed industrial land to go into a"deficit,
but in fact would, consistent with the above policy.' The proposal correlates the need and
. suitability, and availability of the subject site' for commercial uses with the need for such'
uses as demonstrated in the adopted SCLS.
B,lI Enco<mlge economic activities which strengthen the metropolitan
area's position as a regional distribution, trade, health, and service
center,
The amendment will facilitate the development of medical uses that will serve the needs
of.the growing residential areas in east, south and southeast Springfield, and strengthen
the metropolitan area's position as a premier locale for healthcare services, consistent
with this policy objective.
6. Environmen,tal Design Element
policies
1
E,] In order to promote the greatest possible degree 'of diversity, a broad
variety of commercial, residential, and recrecitionalland uses shall be
encouraged when consistent with other planning policies.
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- --- - - - -'- '- -----
Approval of the proposed map amendments will add just over 5 acres into the City's
inventory of commercially designated and zoned land, thereby allowing for Ii variety of
needed commercial uses to occur on the subject property. -Long-standing existing
commercial services on Tax Lot 402 would be allowed to continue without the specter of
being considered non-conforming uses, and Tax Lot 400 could'be developed with
medica1services that will serve the needs of the growing residential areas east and south
of the subject site, consistent with the above policy.
7, Transportation Element
Land Use policies
F,3 Provide for transit-supportive land use pat/ems and develop'ment,
includi/lg higher intensity, transit-orie/lted developmeil~along major
transit corridors and :near transit stations; medium- ,and high-density
residential development within one,quarter mile of transit stations,
major transit corridors, employment ce/lters, and downtown areas; a/ld
development ar:d redevelopment in designated areas tHat are or could be
well served by existing or planned transit.
The proposed map amendment and concurrent zone change will enable land use patterns
~d development consistent with the above policy. Approval of the, proposal will allow
for higher intensity development along Main Street, a major transit corridor. An existing
. L TD stop is located on the frontage of Tax Lot 400 (see pl;1oto, pg. 2, Appendix A of the
TIA), and will provide convenient access to existing and projected employment on the
subject site, as well as access for patients to future out-patient medical facilities projected
on Tax Lot 400.
..
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I
Transportation, Sys tern Improvemen ts: Roadways' policies
F.15 Nlatar vehicle level afservice policy:
a., Use matpr vehicle level of service standards to. maintain acceptable
and reliable performance an the roadway system.' These standards
shall be used far:
. (1) Identifying capacity deficiencies an the roadway system.
(2) EvalLwting the impacts an raadways af amendments to
transpartatian plans, acknawledged comprehensive plans and,
land-use regulatians, pursuant to'tJle TPR (OAR 660-012-
0060).
(3) Evaluating development applicatians far consistency with the
land-use regulatiallS af the applicable lacal gavernment
j urisdictian.
b. Acceptable and reliable perfamiance is defined by thefallawing
levels afservice under peak hour trajjic conditians: LOS E within
Eugene's Celi'tral Area Transpartatian Study (CATS) area, and
. LOS D elsewhere. ..'
c. perfarmance standards from the OHP shall be applied an state
facilities in the Eugene-Springfield me(rapalitan area.
In some cases, the level af service may be sLlbstandard:' The lacal
gavernmentjurisdictian may find that transpartatian system
impravements to. bring perfarmance up to. standard within the planning
horizon may not be feasible, and saJety will not be compromised, ami
broader community goals would be better served by allowing'a
substandard level of service. The limitatian on the feasibility oj a
transportation system improvement may arise fram severe canstraints,
including bllt nat limited to enviranmental conditions, lack oj Pllblic
agency fimLtlcial resources, or land use canstraint factors. It is nat the
intent ofTSI Raodway Policy #2: ll'lotor Vehicle Level of Service to
require deferral af develapment in such cases. The intent is to defer
motor vehicle capacity increasing transportation' improvements lIntil
existing constraints can be overco.me or develop an alternative mix of
strategies (such as: land use meaSllres, TDl'd, short-term saJety
improvements) to address th~ probl~m,
Subsection a.(2) in the above policy requires an evalulltion of the proposal pursuant to the
state Transportation Planning Rule (TPR). The accompanying Twffic Impact Analysis
!i-fiO
.'. .
"
Metro PlanlEMRP Diagram Amendment
PeaceHealth Oregon Region..
March 15. ?O~7
Page \6
provides the factual basis to determine that the proposed redesignation would not result in
a "significant effect" as defined under the TPR (OAR 660-012-0060(D).
Speciftcally, the proposal does not change the functional classification of Main Street or
any other nearby roadway, and it does not change the standards for implementing the
City's functional Classiftcation system of roadways, as identified in the Regional
Transportation Plan. As demonstrated in the TIA, the proposal also does not:
. Result in types or levels of traffic or access that are inconsistent with the functional
classification of Main Street or any other nearby roadway; .'
. Reduce performance of traffic on Main Street or other affected intersections to a l~vel
that is below acceptable established performance standards; or .
. Make performance of existing facilities worse (i.e., below acceptable mobility
standards) than would be the case other uses,permitted under~existing designations 'or
. .
zomng.
Specific TPR findings are further located in the TIA, see pp. 31-32. Because the proposal
does not result in a "signiftcant effect" as established by applicable OARs, no further
TPR analysis is required, The request is therefore consIstent with the above policy.
'.
8. Public Facilities and Service Element
,
G.] Extend the minimwn level andftlll range of key urban facilities and
services in an orderly and efjicient manner consistent with the growth
managementpolicies in Chapter lI-B, re/evantpolicies in'this chapteru.nd other
j'rJetro Plan policies,
The subject property is located in Springfteld's city limits UGB. All necessary.'
infrastructure and key urban facilities/services are present to serve existing development
(Tax Lot 402) or are available to serve future infill development on Tax Lot400.
Therefore, the proposal is consistent wilhthe above policy:
9. Parks and Recreation Facilities Element policies
Policies in this element of the Metro Plan are not relevant to the requested diagram
amendment
10. Historic Preservation Element policies
Policies in this element of the tv[etro Plan are not relevant to the requested diogram
amendmerrt.
C _C1
Metro PliiniEMRP Diagram Amendment
PeaceHealth Oregon Region
Marcn \5 ,.007
Page 11
11. Energy'Element policies
Policies in this element of the Metro Plan are not relevant to the requested diagram
amendment.
8.0 East Main Refinement Plan Consistency .
The following demonstrates how the proposal is consistent with applicable policies in the
East Main Refmement Plan (EMRP). .
1. Mixed-Use Element
. Policy 2) Area #2
A) Tlufollowlng land uses are allowed under Community CommerCial
zoning:: .
All Community Commercla( uses subject to Article 1.3 of the
Springfield Development Code.
The proposal requests redesignating the subject properties to Community Commercial,
and concurrently rezoning the properties to CC, as is allowed by the above policy and
consistent with otherEMRP policies. Approval of the request would allow long-standing
existing cO'mmercial uses on Tax Lot 402 to continue as permitted under Article 18, and
consistent with neighboring uses to the west and south, which are also zoned and
designated {or commercial uses.
2. Commercial Element
Criteria rorComl/lerci~1 Refinement Plan Deslf!nation
1. Generally, the COI/l/1lLUllty Commercial refinement plan designation
shall be applied under the following circumstances:
, A) where it is not an Intrusion Into well-maintained residential
neighborhoods;
The proposed redeslgn~tion does not intrude into the existing residential area west'
of the subject site along 44'h Street, and is therefore consistent with the above
criterion.
5-62
Metro PlanfEMRP Diagram Amendment
PeaceHealth Oregon Region
March 1.5 2007
. Page IS
. B) where it does not increase conflict between Low Density
Residential and Commercial; ~
Although the abutting residential area is zoned Medium Density Residential, it is
developed in low density reside'ntial uses. Approval of the proposed
redesignation of the subject sites would actually result in a decrease of conflicts
. between abutting residential and non-resideritialland uses by allowing future infill
development on Tax Lot 400, and through the site plan review process
. ,establishing improved landscaped buffers and a use more compatible than the
industrial uses that historically ahutting this residential area.
,.
. C) where criteriaJor designating iYfediilm Density Residential
land does not apply;
Criteria for designating MDR land does not apply to the subject site.
D) where legally created commercial uses exist;
Tax Lot 402 has existing, long-standing commercial uses that were legally created
prior to developm~nt of the Metro Plan or EMR?,
E) where adequate cllstomer and service access to an arterial
street can be provided; ,., and,
The' subject site has adequate legal access onto Main Street, which is classified as
an arterial street.
F) where designated Commercial on the i'rJetro Plan Diagram. .
Approval of this application would result in a Commercial designation on the
Metro Plan diagram, which would also automatically modify the designation on
the EMRP diagram. .
Policy 2) Apply site-spec<jic Commerci,d ;'ejineinent plan desigrzatlons
to clearly define the limits of rzew commerciulllses where there is not an
existing, legally established,. and beneficial mL-r:lng oj llses.
Approval of the requested redesignation would apply Commercial plan designations to
the subject properties, allowing the existing, legally established commercial uses on Tax
Lot 402 to continue. It would also enable commercial uses to be established, on Tax Lot
400, thereby defining the limits of new commercial uses between the pre-existing
commercial uses on Tax Lot 402 and others to the west, and the developed industrial
business park to the east. Tax Lot 400 does not have .an existing or beneficial mix of
uses, but has historically housed industrial yard-type operations. Therefore, approval of
C C'1
'.
Metro PlanlEMRP Diagram Amendment
Peace Health Oregon Region .
March 15 2007
Page 19
the proposal would define the limits of new commercia:l uses as called for in the above
policy, and also provide the ability to make superior buffering and other improvements
associated with future development on Tax Lot 400 through the site plan review process.
Policy 3) RedlLce the number of vehicular access points and reqlLire the
rebuilding of wrbs and installatio.n of sidewalks and street trees' along .
ill ain Street, through the Site Plan Review process and in public
improvement projects.
The proposal would result in reducing the number of existing access points as required
above. Through the Site Plan Review process, future development on Tax Lot 400 will
have a single driveway access onto Main Street, eliminating'one of the two existing 'curb
cuts on this site. Sidewalks and street tre'es are already located along its Main Street
. . '
frontage;consistent with the above policy.
Pulicy 4) Provide buffering between commercial and residential uses
thruugh Article 31 of the Springfield Development Cude, Site Plan
Review prucess.
Existing residential uses along the east side. of 44th Street have had no real buffer from
pre-existing industrial uses on Tax Lot 400. Approval of the proposal would allow for
attractive infill development of-future medical facilities that would provide (through the
SPR process) improved landscaped buffers between the future use and existing
residential area to the west _ as required by Code, and consistent with the above policy.
3. Industrial Element
Policy 1) The City shall encolLrage effortsofvariolLs agellcies to attract
new and retaill existillgjobs and businesses.
Imvlemelltation
The' City shallmailltain a ClLrrellt inventory ojvacant cummercial and
indlLstrial {and and strlLctlLres 'within (he East NJain area,
Consistent with the above policy, approval of the requested redesignation will enable
existing, long-standing jobs and businesses on Tax Lot 402 to remain as legal,
conforming land uses, and allow future development of new employment on Tax Lot 400
with higher than average wages and employment densities than the current designation
and zoning allows.
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Metro Plan I Refinement Plan
Amendment Application
#LRP2007 -00013
Rezone Application
#ZON2007 -00012
Melra Plan Amendment'fram LMllo
Commercial and. concurrent Zoning
Map Amendment from LMI to CC
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4
Propel .'lanning & Development
~ Peace Health
March 28,2007
David Reesor, Planner IT
City of Springfield'
Development Seriices Department
225 Fifth Street
Springfield, OR 97477
Re: Plan Amendment (LRP2007.00013), Zone Change(ZON2007-00012)
Mr. Reesor,
The tonowing and attached is supplemental.information for the alJove-referenced
applications for proposed Metro Plan diagram amendment and zone change in east
Springfield.
The proposal seeks to redesignate and rezone approximately 5.24 acres on two parcels
from Light-Medium Industrial (LMI)to Commercial. As noted in the application
findings submitted; last week, the Springfield Commercial Lands Study demonstrates that
the City has a deficiency in needed commercially designated and zoned land, so
approving the proposal would help reduce the identified deficit in that land use 'category.
The Metropolitan Industrial Lands Study (July 1993) was adopted by the local
. jurisdictions and ackllowledged by LCDC as being consistent with statewide planning
goals and the Metro Plan, specifically fulfilling the Eugene-Springfield area's obligations
under Goal 9 (Economic Development). The M,etropolitan Industrial Lands Inventory
Report associated with the MILS identified "about 1,688 constraintcfree industrial
acres.. ..This supply exceeds the projected demand over the next twenty years, which is.
between 650 to 1,172 acres." (pg. 73) The Inventory Report also stated: "The 1,683
constraint-free acres may be the best suited to meet short-term industrial demand. This
portion of the supply also exceeds the twenty year demand projection,"
The City performed subsequent analysis of industrial land supply as part of periodic
review requirements to demonstrate compliance with statewide planning Goal S (Natural
Resources). As shown in Attachment A, that analysis indicated that even removing the
possible industrial acreage affected by Goal S protection measures (about 100 ac'res
debited from the Eugene and Springfield inventories) would leave a surplus ofindustnal
lands of between 1,600 and 2,122 acres metro-wide.
Staffs GoalS work also calculated the changes in mdustrialland supplies since 1991 as a
consequence of Metro Plan diagram changes (see Attachment B). This analysis
demonstrated a reduction in less than 90 acres ?findustrialland over the past IS years,
Phollt:: (541 J 3:~5.":2593
F,x: (541) 335-2595
Ri"p.rF.,Fl1rl Annp.x 123lnlem.ationallfl/ay Springf:e!?.Rr~97477
Dedicorcd to E.rccpfwnul Aledicine
and Compossionule Core
"
suggesting that there is still an ample supply of available industrial lands to meet existina
.. . Q
and future development needs.
This analysis may also not reflect other changes within industrially designated'land
categories that would further off-set the proposed change to the site's LMI plim
designation and zoning. For example, 11.5 acres was added to the inventory ofLMl
zoned and designated land due to City Council approval in April 1997 for land east ofthe
28'h131 sl Street connector and north of Marc 01 a Road (Ordinance No, 5851). Insofar as
the City and metropolitan area continue to enjoy a surplus of needed Industrial land, and
specifically Heavy Industrial zorred and designated land, the above-referenced change
added more than enough acreage to the inventory of LMldesignated and zoned land to
off-set the proposal to remove only about 5 acres from the LMI inventory.
We therefore respectfully submit that the proposed Metro Plan diagram amendment and
zone change will not materially affect the inventory of needed Industrial land and will not
alter the City's continued complianc'e with Goal 9, ' . .
, .
With acceptance of the above findings and earlier findings and narrative in the prior'
submitted applications, we believe the applications are complete and ready to be set for
Plarming Commission hearing. Please notify me when the hearing is, set, and send me a
copy ofthe required hearing notice to DLCD for my files.
Thanks for your consideration of the above. lfyou need,additional information, please
contact me at your convenience.
:&~ficp t--.
Director, Land Use Planning & Developm~nt
PeaceHealth Oregon Region
Attachments
~_7?
/
:
A TT ACHMENT A
11.0 Impact of the Proposed Protectionson Buildable Land
Inventories '
This section estimates the impact of the recorhmended program for protecting
Springfield's resource areas on the inventory of buildable residential, commercial and
industrial land. The administrativenlle,quoted',above is somewhat vague about how to
compute the impact. Some contend that the protected acreage should be subtracted from
the cmrent inventory ofbuilduble land. Others contend that the protected acreage should
be subtracted from the surulus ofbllildable land that was determined at the adoption of
the inventory. Case law supports subtracting the protected acreage from the surplus of
buildable land.' " ,
Tables II-I, 11-2, and 11.3 below summarize the amount ofland that would be
subtracted from the Ellg~ne.Springfield inventories Qf surplus of buildable residential,
commercial and industrial lands that were identified when each inyentory was adopted,
'Table' 11-1, Analysis of Maximum Possible Impact on Supply of Re.sidential
,Lands within the Eugene-Springfield Metropolitan Area .
I Residential Land Supoly
Eugene-Springfield Metropolitan Area Residential Lands
and Housing Study Surplus Acres
Low Demand Assumption
or
High Demand Assumption
Acres Removed from Residential Designation by Previous
Plan l\lnendments'
Eugene
Springfield
Acres I
1862.00
or
790.00
Total
,_."
-84.9p
-52,03
-136.93
Maximum Possible Residential Acres Impacted by
Eugene GoalS .Protection Measures
-445.77
Maximum Possible Residential Acres Impacted by
Springfield GoalS Protection Measures '
Remaining Surplus
-14,18
1265.12
or
193.12 J
,.
c ,0
Table 11-2. Analysis of Maximum Possible Impact on Supply of
C'ommercial Lands within the Springfield Urban Growth Boundary
. .
I Commercial Land Supply
\ Springfield comm, ercial Lands Study (2000)' projects a deficit of
commercial land. .
Acres Removed fromCommercial.Designation by Previous Pian
Amendments* ' . .
Maximum Possible Commercial Acres Impacted by Springfield's
Goal 5 Protection Measures,
I Remaining Surplus (Deficit)
Acres'
-158 acres
-2.8 acres
-11.56 acres I
(-172.36 acres) I
Table 11-3. Analysis of Maximum Possible Impact on Supply of Industrial
Lards within the Eugene-Springfield Metropolitan Area
I Industri;iLa-nd Supply
Metropolitan Industrial Lands Inventory. Report Surplus Acres
Low Demand Assumption . '
or
High Demand Assuffijltion
. Acres Removed from Industrial Designation by Previous Plan'
Amendments"
Eugene
Springfield
Acres
2954.28
or
2432.28
,
-642.30
-90.80
-732.80
Total
Maximum Possible Industrial Acres Impacted by Eugene Goal 5
Protection Measures
,44.73
.Maximum Possible Industrial Acres Impacted by Springfield
GoalS Protection Measures
Remaining Surplus
-54.'13
2122.01
or
1600,01
* Does not consider acllorlS taken by Eugene to add addition'allands to-th~ ;urPl~s.
11.1 Impact on the Residential Lands Inventory
In 1999, the Eugene-Springfield Metropolitan Area Residential Land and Housing Study
(Resid'ential Lands Study) estirnated the amount of vacant bllildable residential land in
the area. In Springfield, a total of3,087 acres of buildable lands were identified. The
Study classified wetlands listed on the Springfield Local Wetland Inventory as
unbuildable and were not included. in the estimated supply of buildable residential lands
Other types of constraints were also considered and classified as unbuildable and were
not counted in the buildable residential land inventory. The list of constraints included:
. Floodways;
5-74
.
Wetlands listed on the Springfield LocalWetlands Inventory larger than ,25
acres;
Land within the easement of230 KV power lines;
Land within 75 feet ofa Cla,ss A stream or pond;
Land within 50 feet of a Class B stream or pond; and
'Small irregularly shaped lots. .
.
.
.
.
Since the Residential I,ands Study did not inc\ude'wetlands listed on the Loca(Wetlands
Inventory in the buildable lands inventory; it is assumed that protecting these wetland
sites '.from conflicting residential development will not reduce' that inventory. The
development setbac~s recommended for significant wetland sites in this study will
slightly reduce the inventorred acreage of vacant buildable land adjacent to wetland
features. .
Wetland Setbacks
As noted in Table 11~4 below, about 9.95 acres oflow-density residential (LDR) and .59
acres of medium density residential (lvillR) land will be removed from the residential
lands inventory by'the 25-foot setback recommended for those wetlands not already
protected by the 50 and 75 foot setbacks required by Springfield's stormwater quality
protection policies.. Keep in mind that this is a worst case scenario and assumes that the
developer is unable to locate required stormwaterJacilities within the rec'ommended .
setbacks and that subdivision design cannot arrange for the yard areas of affected
dweiling units to be placed adjacent to the wetland, thus reducing or eliminating lost
development area. .
Riparian .Setbacks
In addition to wetland setbacks, recommended riparian setbacks will also result in the
removal of vacant acreage from the inventory of buildable residential lands. As noted in
Table 11-4, about 3.42 acres of low-density residential (LDR) and .22 acres of medium .
density residential (lvillR) land will be removed.from.the residential lands inventory. by
the 25-foot setback recommended for those wetlands not already protected by the 50 and
75 foot setbacks required by Springfield's stormwater q\lality pr~tection policies.
\
The combined impact of the proposed 25-foot setbacks for wetlands and riparian areas is
14.18 acres. This represents .45% of the 3,087 acres of buildable residential land
described in the 1999 Residential Lands Study.
InMay 20'04, a Residential Lands Study Monitoring Report w'as published, updating the
residential lands inventory to reflect development through 2003. The report estimated
that at the end ~f2003 therewas 1,36 i acres of remaining buildable residential land in
Springfield. Th~'amount of land removed from,the buildable inventory by the 25-foot
\vetland and riparian setbacks proposed by this report represents about 'r % of remaining
1,361 acres. .
."
. .
Table 11-4, Vacant Residential Land within Proposed Protection Setbacks
Vacant
lYID R
Acres
. Total Acres
Setback Distance
. Vacant
LDR
Acres
\
10.54\
12.13
9.12 I
31;791
J
. 3.64 I .
.8,79 I
9.12 I
21.55 \
53.341
I Wetland Setbacks
I 25 foot -
I 50 foot
I 75 foot
\
'I Riparian Setbacks
I 25 foot
I 50 foot
\ 75 foot
I
I
.59
. 2.73
. 4.15
7.47
Total
9.95
9.4
4.97
24.32
.22
2.73
4.15.
7.1
14.57 I
3.42
6:06
4.97.
14.45
38.77
Total
Grand Total
11,2 Impact" on the Commercial Lands Inventory
The Springfield Commercial Lands Study (2000) listed several types of development
constraints that affected commercial properties. These development constraints included:
Maj or transmisslon lines;
Hazardous waste sites;
Slopes greater than 15%;
Lots less than 6,000 square feet in size;
Lots wlth poor visibility;
Lots with inadequate access;
Hydric soils; .
Unstable soils;
WiHamette Greenway and Greenway setbacks;
Floodwayand floodway fringe;
Wellhead zone of influence;
Wetlands listed on the Springfield Local Wetland Inventory;
Other potentially regulated natural resource sites [Natural Resources. Study
In ven to ry];
Sites wlth Plan/Zone conflicts.
The Commercial Lands Study classiliedsites on the on the Springtield Local Wetland
Inventory as constrained: The presence of these wetlands was noted and the inventory of
vacant commercial lands was noted to reflect the constraint. The riparian sites which are
. .
part of this study were a1s.o included as constrained, since they were part of the draft
Springtield Inventory of Natural Resource Sites at the time Commercial Lands Study ovas
conducted.
~"':7R -
,.
Since the Springfield CommercialLands Study did not remove wetlands and riparian'
sites, protection measures propos~d by this study willhave an impact on the inventoried
acreage ofvac.ant commerciall:illds. The development setbacks recommended for
significant wetland and riparian sites will further reduce the inventoried acreage of vacant
buildable commercial land adjacent to these resource sites. The extent of this impact is.
discussed below.
The Commercial Lands Study concluded that there was about'S5 acres of vacant
buildable commercial land in Springfield. An additional 12 acres was projected for
redevelopment by the Study bringing the total to 97 buildable acres. Demand for vacant
commercial land for the planning horizon 2015 was 255 acres. The 2000 Commercial .
Lands Study concluded that there was a 158 acre deficit of buildable commercial land.
Wetland Impacts
Table 11-5 shows that .07 acres of vacant commercial land would' be removed. from the
Commercial Lands Inventory if wetland sites zoned for commercial development were
fully protected. The 25-foot wetland setback recommended by this study would remove
an additional 1,47 acres of vacant commercial land from development. This figure
assumes that the developer is unable to locate required stormwater facilities or required
landscaping within the recommended setbacks, thus reducing or eliminating lost
. development area.
)'he total impact on the Commercial Lands Inventory would be a reduction of 1.54 acres
if wetland sites and their setbacks were fully protected.
Riparian Site Impacts
Table 11-5 shows that about acres 2.78 of vacant commercial land lies within inventoried
riparian sites that are protected by the Springfield's Stormwater Quality Management
program. Therefore, no commercial acreage is removed from the Commercial Lands
Inventory by the implementation of proposed protections in this study. As noted in
Table 11-5, no vacant commercial land will be removed from the inventory by the
proposed 25-foot setbacks.
The total impact on the Commercial Lands Inventory would be a reduction of 1.54 acres
if wetland and riparian sites and their setbacks were fully protected. This represents 1.8%
of the 85 acres of buildable commercial land described in the Springfield Commercial
~~Stu~ . .
Table 11-5. Vacant Commer.cial Land within Proposed Protection Setbacks
\ Zoning District
I Wetlands
I Communitv
. Site
Acreage
\25 ft.
Setback
i
.071 l.47
50 ft.
. Setback
75 ft.
Setback
Total
Acres.
1.65
..11
o
1:_ ii .
\ Zoning District Site . 25 ft. 50 ft. ' 75ft. Total
Acreage Setback Setback Setback Acres
Commercial
Neighborhood 0 -
0 0 0 0\
Commercial I
I General Office 0 0 0 0 0
Major Retail 0 0 0 0 -
0
Commercial
I Wetland Total 0.07 '1.47 0.11 0 1,65
\ Riparian Areas I
. \ Community 2.78 0 0 2.6 5.381
Commercial
Neighborhood 0 0 0 0 0
Commercial
General Office 0 0 0 0 0
\ Major Retail 0 0 .24 0 .24
Commercial
\ Riparian Total 2.78 0 0.24 7,,6 5.62 I
Grand Total 2.85 1.47 ,}5 2,6 7.271
11.3 Impact on the Industrial Lands Inventory
The 1992 Metro Area Industrial Lands'Study assessed the supply and demand for
industrial land in the greater Eugene-Springfield area. The study concluded that there
waS about 709 acres of buildable industrial land within Springfield's UGB. Like the
Springfield Commercial Lands Study, the Industrial Lands Study noted those industrial
sites with wetland and riparian constraints but did not exclude them from the inventory.
For that reason, protection of wetland and riparian lands under the policies proposed by
this study will reduce the inventory of buildable industrial lands. The extent of this
impact is discussed below. .
Wetland Impacts
GIS analysis shows that about 30.64 acres of vacant industrial land are affected by
wetlands that are not already protected by the Springfield Storm water Quality
Management (SQM) program. These wetla11ds are recommended for protection by a 25- .
foot development setback under the Springfield natural Resources Study. These setbacks
add another 6.82 acres to the amount of industrial zoned land that would be removed'
from the Industrial Land Inventory if wetland sites and the setbacks were fully protected
under the policies recommended by this study. The total impact to the inventory of
industrial lands would be 37.46 acres. Table 11-6 shows the total acreage for land
affected by wetlands and the acreage protected by setbacks from both this program and
the existing SQ'M program.
Riparian Impacts
5-78
GIS analysis shows that 13.70 acres of vacant industrial land are.affe~ted by riparian
areas are that not already protected by. the Springfield Stormwater Quality Management
(SQM)program. These riparian areas are recommended for protection by a 25-foot .
developmerrt.setback under the Springfield Natural Resources Study. These setbacks add
another 3.27 acres to the amount of industrial zoned land that would be removed from the
Industrial Land Inventory if wetland sites and the setbacks were fully protected under the
policies recommended by this study. The total impact to the inventory of industrial lands
would be 16.97 acres. Table 11-6 shows the total acreage for land affected'by riparian
corridors and the acreage protected by setbacks from both this program and the existing
SQM program.
Total Impact
The total impact on the IIi.dustriat'Lands Inventory would be a reduction of 54.43 acres if
all wetland and riparian sites protected by this program and their 25-ft setbacks were fully'
. protected. This represents less than 1% of the 709 acres of buildable industrial land for
Springfield in the Industrial Lands Study.
Table 11-6. Vacant Industrial Land within Proposed Protection Setbacks
-" . . .
Zoning
District
Wetlands
Light-
Medium
Industrial
I Heavy
Industrial
I Campus
Industrial
Special
Heavy
Industrial
I Quarry
Mining
I Booth Kelly
MU
I Wetland
Total
Riparian
,,,-reas
Total
Wetland
Site
Acreage
28.20
13.16
41.34
Total
Riparian
Site
Acreage
Site
Acres not
Protected
by SQM
(2776)
(2.88)
.35
o
o
.13
(30.64)
Site
Acres not
Protected
by SQM
25 ft.
Setback
4.S1
2.0l
o
o
o
o
25 ft.
Setback
c ,n
50 ft.
Setback
19.15
o
1.28
o
o
o
6.82
21.72
50 ft.
Setback
.82
75 ft.
Setback
, Total
Acres
o
\
33.83 \
34.321
1.63 \
o
o
o
o
o
o
o
o
0.601
:47
o
o
70,33
75 ft.
Setback
Total
Acres
"
Zoning Total Site 25 ft. 50 ft. 75 ff. . Total
Dis tri ct Wetland Acres not Setback Setback Setback Acres
Site Protected
Acreage by SQM
Light. 16.48 .(10.89) 2.05 4.72 1.26 24.51
Medium
Indus tri al
Heavy 68.31 (2.81) \.22 . 8.93 0 78.46
Industrial
. \ Campus' 3.22 0 0 2.83 .03 6,08
. Industrial
Special 0 0 0 0 0 0
Heavy
Industrial
\ Quarry 0 0 0 0' . 0 0
Minin2'
\ Booth Kelly .21 0 0 .82 0 1.03
MU
\ '. Riparian 88.22 (13.70) 3.27 17.3 1.29 11 0.08
Total
I Grand Total 130.06 , ( 44.34) 10.09 39.02 1.29 180.46
.
~-Rn
I Metro PlanDiawam Ch,nges'Affecting the Su I of Residential, Commercial and Industrial Land
I Changes in Metro Plan Desi( nations
ILocal File N~~b~r LOR MDR CC -m;- CI ,1LMI ~ GiE IVl AG
190-04-058 -0.1 0.1 IlilfM!~'~1~~_-
190-12-201 35.0 5.0 ;-15Q10
192-04-77 5.3 -5.3 0.0 - ~IMI.Vilif\-
193_01_330.5 0.0 0.ON1~f;jf *!\~Oi5 ~ii$.I\'!
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199-02041 ~ii,~l%i/,\ '!i!mftlY,ii)I\'&E1!!iiiiJif);ilI~J1l'0'\ 18.0
99-09-230 ~~1tt;O:2 ;,~ej;l'i t.Jrf1.f~\l\k"ii:.O;2,lf"j)j;'f,~
02-03-0062 ;;,i;~:M~:J;\ ',~ii'iR(@';t : l\li:lZ4~O jJl.~J~~' -22.0
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02-08-243 ru"*!W'4~~~~-'''''' ~jC~~ilV2rR~I~}_
LRP-2002-12431 '~~i~~;;~f~~, ~i~\;',IIil~'!,li>>)jj1
I LRP'-2004-00031 ~;;~1.im~?L{%; ~4r~~1; ~_l~~i; t11;~f~
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-3.7
72.0
n
I
:0
16.5
-34.5
LOR-.Low Density Residential
MDR Medium Density Residential
CC Commercial Cenler
NC Neighborhood Commercial
CI Camplis Industrial
LMI Ught Medium Industrial
HI Heavy Industrial
POS Public Open Space
G&E Government and Education
NR Natural Resource
AG Agriculture
MU Mixed Use
\
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m PeaceHealth
March 15, 2007 .
Zone Change Application
Written Explanation of the Proposal
Applicant: .
peaceHealth Oregon Region
. nOE.Ilth Avenue
P.O. Box 1479
Eugene, Oregon 97440
i'
,
Property.owners:
Hyland Business Park, LLC (Tax Lot 400)
1941- A Laura S treel
Springfield, OR 97477
Attn: Shaun Hyland
(541) 726-8081
Andrew Head (Tax Lot 402)
1616 ArdendaIe Ln.
Eugene, OR 97405.'
(541) 521-3403
Applicant's
. Representative:
Philip Farrington, AICP
Director,'Land Use Planning & Development
peaceHealth Oregon Region
123 International Way
. Springfield, Oregon 97477
(541) 686-3828' Fa:t (541)335-2595
p farringto n@peacehealth.org
. .
1.0 Land Use Request
PeaceHealth Oregon Region (the "Applicant") requests approval to change the zoning
classification on the City's zoning map from Light Medium Industrial ("LMI") to .
Community Commercial ("CC") for approximately 5.24 acres identified as Tax Lots 400
and 402 on Assessor's Map No. 17-02-32-00. This same acreage on the site is being
proposed for a concurrent amendment to the Metro Plan diagram (which automatically
also amends the East Main Refl.llement Plan diagram) from LMI to CC, as allowed in
Springfield Development Code("SDC") 12.020 (1)(a)1.
5-82
Zone ChangeApptication
PeaceHealth :Oregon Region
March 15. 2007
. Page 2
The area subject to the proposed rezoning is mapped on Attachment A, .and is referred to
collectively in this application as the "subject properties" or "site."
. 2,0 Project purpose
The Applicant seeks to reZOi1e (and through concurrent applicatioi1, redesignate) the
subject properties to CC so they may be developed for commercial usw(i.e., Tax Lot
400), including a possible future medical clinic whi~h could serve residents in the
growing east Springfield area, and to be allowed to'continue long-stai1ding commercial
operations (i.e., TaX Lot 402). Approval of this l.and use request would preserve
~mployment and existing viable commercial operatiOns on Tax Lot 402; and create stable
family-wage employment opportunities on TaX Lot 400 - a vacant and underused
industrial site. The proposal would also help beautify this portioi1 of Main Street from its
. traditional industrial yard uses, and future development would provide a superior buffer
for residential uses to the west than currentiy exist~.
. As described in later sectioi1S of this narrative the proposal is consistent with East Main
Refmement Plan (HARP) and the Metro Plan as required' by approval criteria in SDC
12.030. In particular, this request - when considered with the COi1currei1tly submitted
Metro Plan diagram amendment (and automatic EMRP diagram amendment) - complies
with EMRP Policy 2: "Apply site-specific Commercial refinement plan designations to
clearly defme the limits ofnew commercial uses where there is not an existing, legally
established, and beneficial m,ixing of uses." (pg. 12) The proposal to ~liow for a broader, .
more bei1eflcial range of commercial and employment-generating uses on the suliject .
properties. It \vould also improve the area and better di~tinguish'and buffer.adjacent
res'idential and industrial business park uses.' .
3,0 Site Context
The subject properties in~lude a currently vacant, flat parcel (Tax Lot 400) and existing
commercial development (Ta'x Lot 402) east of 44th Street along Main Street in east
. Springfield. The site is bordered Oi1 the south by Main Street, on the east by the Hyland
Business Park, on the north,byan open area south of the \Veyerhaeuser mill site (Tax Lot
400) or an existing commercially zoned parcel (Tax Lot 402), and on the west by other
small-scale commercial enterprises (e.g:, a cabinet shop and karate school) fronting Main.
Street and residential homes along 44th Street west of Tax Lot 400. C~mmercial'
enterprises are located immediately south of the site acrosS Main Street (e.g, Gray's
Garden Center).
While historically invol ved in agricultural uses, since around 1990 Tax Lot 400 was used,
as a storage and s:lles yard for lai1dscapeorgai1ics and forest by-products. The current
property owners also used the site to store modular.construction offices, tool trailers,
construction equipment and concrete'form plywood. Tax Lot 402 has had various
commercial services Oi1 site since the 1950s.
CQ1
Page 3
Zone Change .~pplication
PeaceHealth Oregon Region
March 15 :<007
The properties have no jurisdictional wetlands or inventoried Goal 5 natural or historic
resources. The site is wil1'1in the Springfield Urban. Gro;vth Boundary, and both parcels
were annexed into the City of Springfield in 1960. The Elv1RP diagram (adopted in
1988) currently designates the subject property for industrial uses..' .
The abutting property to the east is designated LighttMedium Industrial.rn the Elv1RP .
. diagram and zoned LMl. The areas immediately to the west and south of the site fronting'
Main Street are identified as being within Mixed~Use Area #2 in the Elv1RP, and are all
zoned Community CommerciaL Property to the west of Tax Lot 400 along 44th Street is
. zoned and designated Medium Density Residential.
4.0 Applicable Approval Criteria.
Zone change proposals are evaluated according to the criteria rifapproval. contaiFled
withinSDC \2.030 (3), which requires: . ,-' ,
1. Consistency with applicable Metro Plan policies and the Plan
. Diagram;
2. Consistency with applicable F,efmement Plans, Plan District maps,
. Conceptual Development Plans and functional plans; and
3. That the property is provided with adequate public facilities, services
and transportation networks to support the use, or will be provided
concurrent with property development.
Legislative zone map amendments are also required to show that they meet the
criteria for Plan amendments outlined in SDC ArtiCle 7-; and that it complies with
the state Transportation Planning Rule (OAR 660-012-0060), where applicable.
Findings demonstrating consistency with the approval criteria ~re outlined below.
4.1 Consistency with Metro Plan Text and Diagram
Consistent with"SDC 12.030 (3)(a), this narrative only addresses those policies that apply'
to the proposal, and does not discuss those portions of the Metro Plan that: (I) apply only
to rural or other lands outside of the urban growth boundary, (2) apply to land .uses other
than the current or proposed designations for the site and will not be affected by the
proposed Plan diagram and text amendments, or (3) clearly apply only to specifIc.
development applications (e.g, site plan review submittals or subdivisions). In many
insfances the goals, policies and implementation,measures apply to specific development
proposals that will be addressed through comp liance with applicable City regulations
. dunng' site plan review ofa given future development proposaL
E;\ceot for theGrowth Management Goals, which are addressed below, each of the Metro
. -
Plan policies are addressed in the order in which they appear in the Plan Element section
of the Metro Plan.
5-84
Page 4
Zone ChangecApplication
PeaceHealth Bregan Region
March \5. ~nn7
4.1.1 Metro Plan Elements
1. Growth Management
policies
], The urban growth bOllndary and sequential development shall
. continue to be implemented as dir essential means to achieve
compact urban growth. Provision of all urban services shall be
concentrated inside the urban growth boundary.
The proposal satisfies this policy because the subject property is inside. the UGB and city'
limits and as such, encourages compact urban grO\vttL Also, urban services are available
at sufficient levels to accommodate the existing and future infill development resulting
approval of from this appli~ation. The City's 'site plan review proc~sses ensure that the
appropriate level of services is available to serve future development.
2. Residential Land Use and Housing E'lement.
Policies
A.ll Genernlly locate higher density residential development near
employment or commercial services, in ji'roximity to major': .
transportation systems or )~ithin transportation-efficient nodes. .
The proposed redesignation dbes not affect the inventory or availabili~y of residentially
designated or zoned laCld, includiClg the sing\e~farnily residential area abutting Tax.Lot
400 that is zoned and designated' for Medium Density Residential,. or higher density
residential developments located east of the site alongMain Street. .
-. .. ~.
However, approviil ofthe requested redesignation to Community commercial would
allow for residential areas proximate to the subject area to have close and efficient access
to existing commercial services on Tax Lot 402 and to future medica,l facilities proposed
for Tax Lot 400, consistent with the above policy: The areas proposed for redesignation
offer existing and future employment opportunities arid provide cOlflIDercial services'
along a major tr:msportation system that can support the needs of nearby residential
development.
A.22 Expand opporwnitiesfor a mL, of uses in newly developing areas
and existing neighbor/wads through local <.oniiig and developtrWlt
regulatiolls.
The proposed map amendment and zone change will allow for existing commercial' uses
on Tax Lot 402 to continue to serve existing Ileighborhoods in the mid- aild east-
Springfield area, alld for future clinical facilities tobe developed to serve this rapidly
growing area of the community. Approving the request would expand commercia]
opportunities to serve these Ileighborhoods consistent with the ~bov:e policy.
r or
P,age 5
Zaoe Change A.pplicatian
PeaceHealth Oregan Region
Mar,h I. S 2007
3, Economic Element
Policies
B.1 Demonstrate a positive interest in existing and neW industries,
especially those providing above-above wage and salary levels, and
increased variety of job opportunities, a rise in the stalldard oj living,
and utilization oj our existing comparative advantage in the level oj
education and skill of the resident labor Jorce..
, The proposal is consistent ;vith this policy because it will allow medical clinic uses to be
developed to serve growing areas in.east and south Springfield, As is observed in the
Springfield Commercial Lands Study (pp. 27,29), employffient in health services is
growing and approving the requested redesignatton and zone change will enable .
increased job opportunities with higher than average wages thereby raising the standard
of living and meeting the needs ofSpringfiel~ citizens, consistent with the above policy.
. B.2 Encollrage eCOllOmic development which utilizes local and imported
capital, entrepreneurial skills, and the resident labor force,
. The construction of and the use of commercial and medical uses will utilize both local
and imported capital and \vill employ the lo'callabor force in a variety of skilled,
semi-skilled, and unskilled positions, consistent with this policy.
B.6 Increase theal1lOlwt of undeveloped land zonedJor Ught industry
and commercial uses correlating the 4Jective supply in terms oj
. suitability and availability with the projections of demand.
The proposal will add approximately 5.24 acres ofCominunity commerciai land,
consistent wjth recommendations to increase the commercial lands inventory made in the
Springfield Commercial Lands Study. The SCLS a.nd acknowledged metropolitan
lndustnal LandsStudy concluded that there is a deficit of needed commercial land, and a
surplus of industrially zoned alld designated land. Approval of the requested
redesiwation and zone change will not cause the inventory of needed industrialland.to
go into a deficit, but in fact would be consistent with the above policy. The proposal'
correlates the need, suitability, and availabillty of the subject site for commercial uses
with the need for such uses as demonstrated in the adopted SCLS.
B.ll Encourage economic activities which strengthen the metropolital1
area's position as a regional distribution, trade, health, al1d service'
center.
The amendment will facilltate the development of medical uses that will serve the needs
of the growing residential areas in east, south and southeast Springfield', and strengthen
the metropolitan area's position as a premier locale for healthcare s~rvices, consistent
with this policy objective.
5-86
Page 6
Zone Change Application
PeaceHeallh Oregon Region
March '\ ?007
6. EnvironmentalDesign'Element
policies
E.I In order to promote the greatest possible degree oj diversity, a broad
variety oj commercial, residential, and recreational land llses shall be
encolLfaged when consistent with other pla~ning policies.
Approval of the proposed map amendments will add just over 5 acres into the City's
inventory of commercially designated and zoned land, thereby allo~ving for a variety of
needed commercial uses to occur on the subj ect property. Long-standing ex.isting .
. conunercial services on Tax. Lot 402 would be allowed to continue without the specter of
being consid~red non-conforming uses, and Tax. Lot 400 could be developed with
medical services that will serve the needs of the growing residential areas east and south
of the subject site, consistent with the above policy. . .
7. Transportation Elen:ent
Land Use policies
F.3 Provide Jor transit-supportive land lIS~ patterns and development,
including higher intensity, transit-oriented development along major
transit corridors and near transit stations; medilllnc and high-density
residential development within one-q lIarter mile 'oJtransit stations,
majur transit corridors, employment centers, and downtown areas; and
development and redevelopm.ent in designated areas that are or cOllld be
well served by existing o"rplanned transiL
The proposal will enable larid'use patterns and development consistent with the above
policy. Approval of the requested zone chimge (and concurrent redesignation) will allow
for higher intensity development along Main Street, a major transit corridor. An ex.isting
L TD stop is located on the frontage ofTax. Lot 400 (see photo, pg. 2, Appendix A of the
TIA), and will provide convenient access to existing and'projected employment on.the
subject site, as. well as access for patients to future out-patient medical facilities projected
on Tax. Lot 4()0. .'
Transportation System Improvements: Roadways policies
. F.I5 Nfoto/' vehicle level a/service policy:
a. Use motor vehicle level oj service standards to maintain acceptable
and reliable performilllce on the roadway system. These standards
shall be lIsed for:
(1) Identifying capacity deficiencies on the roadway system.'
(2) Evaliwting the impacts on roadways oj amendmellts to
transportati~nplans, acknowledged comprehensive plans and
r"". n-r
Page 7
Zone Change,.Application
PeaceHeaIth Oregon Regton
March 15 ~Or7
land-use regttlations, pursuant to the TPR (OAR 660-012-
0060).
(3) Evaltlating development applications for consistency with the
land-use regulations of the applicable local government
jurisdiction.
b. Acceptable and reliable performance is deji.ned by the following
levels of service under peak hour trafji.c conditions: LOS E within,
Eugene's Central Area Transportation Study (CA TS) area, and
LOS D elsewhere.
c. Performance standards from the OHP':m'all be,appliedon state
facilities in the Eugene-SpringJield metropolitan area. '
In some cases, the level of service may be substandard. The local
govemmentjurisdiction may find that transportaiion system .
improvements to bring performance up to standard within the planning
horicon may not be feasible, and safety will not be compromised, and
broader community goals would be better served by allowing a
substandard level of service. The 'limitation on the feasibility ofa
transportation system improveme'nt may arise from severe constraints,
including but not,limited to environmelltal conditions, lack of public
agency financial resources, or land use collstraintfactors. It is-not the
intent ofTS] Raodway Policy #2: lYfotor Vehicle Level of Service to
, "
require deferral of development in such cases. The intent is to'defer
m'otor vehicle capacity increasing transportation improvements until
existing constraints can be overcome or d~velop",UI alternative mL..: of
strategies (such as: land use measures, TDlYf, short-term safety
improvements) to address the problem;
Subsection a.(2) in the' above policy requires an evaluation of the proposal pursuant to the
, state Transportation Planning Rule (TPR), The acco'mpa~yingTraffic Impact Analysis .
provides the factual basis to determine that the proposed redesignation would not result in
a "significant effect" as defined under the TPR (OAR 660-012-0060(\)).
Specifically, the proposal does not change the functional classification of Main Street or
any other nearby roadway, nor.does it change the standards for implementing the City's
functional classification system of roadways, as identified in the Regional Transportation
Plan. As demon,trated in the TlA, the proposal also does not:
. Result in types or levels of traffic. or access that are inconsistent with the furictional
classification 'of Main Street or any other nearby roadway;
. Reduce perfonnance of traffic on Main Street or other affected intersections to a level
that is below acceptable established performance standards; or
!i-RR
, Page 8
Zone Change-Application
PeaceHeaith Dreg'on Region
March 15,2007
. Make performance of existing facilities worse (i.e., below acceptable mobility
standards) than would bethe case other uses permitted under existing designations or
zomng.
Additional TPR findings are further located in the TlA, see pp. 31-32. Because the
proposal does not result in a "significant effect" as established by applicable OARs, no
further TPR analysis is required. The request is therefore consistent with the above
policy.
8. Public Facilities and Service Element
Policies
G,] Extend the minimum leyel andfu/l r~nge of key urban
facilities and seryices in an orderly and efficient manner consistent
with the growth management policies 'in Chapter II-B.; releyant
policies in this chapter and other Metro Plan'policies.
The subject property is located in Springfield's city limits UGB. All necessary
infrastructure and key urban facilities/services are present to serve existing development
(Tax Lot 402) or are available to serve future infill development on Tax Lot 400.
Therefore, the proposal is consistent with the above policy.
9. Parks and Recreation Facilities Element policies
Policies in this element of the Metro Plan are not relev.ant to the requested zone change.
, '
10. Historic Preservation Element policies
Policies in this element of the Metro Plan are not'relevant to the requested zone change.
11. Energy Element Policies
Policies in this element of the Metro Plan are not relevant to the requested zone change.
~ on
. Page 9
Zone Change f.pplication
PeaoeHeallh Oregon Region
Maron, IS 2QO~
4,2 Consistency with East Main Refinement Plan
The following demonstrates how the proposal is consistent with applicable policies in the
East Main Refinement Plan (HARP).
1, ML,ed~Use Element
Policy 2) Area #2
A) The following land uses are allowed under Commtmity Commercial
zoning: '
All {:ommunitv Commercia( uses subject to Article 18 of the
Springfield Development Code,
-
The proposal requests rezoning the subject properties from LMI to community
Commercial (and concurrently redesignating the properties to CC),'its the above policy
and other EMRP policies allow.' Approval of the request would allow long-standing
existing coqunercial uses on Tax Lot 402 to continue as permitted under Article 18, and
consistent with neighboring uses to the west and south, which are also zoned and
designated for commercial uses.
2.
Commercial Element
Criteria (or Commercial Refinemettt Plan Desi~ttatiott
1. Generally, the Community Commer,cial r'ejinement plan designation
shall be applied under the following cir~.1imstattces:' ' " ' , '
, '
A) where it is nol an inln/siott into ;vell_maintained residential
neighborhoods;
.
The area proposed for reloning does not intrude iht6 'the existing residential area
west of the subject site along 44th Street, and is therefore consistent with the
above criterion.
B) where il does 1101 ittcrease conflict betJVeen Low Density
Residential ilnd Commercial;
Although the abutting residential area is zoned Medium Density Residential, it is
developed in low-density residential uses. Approval of the proposed rezoning of
the subject sites would actually result in a decrease of conflicts between abutting
residential and non-residential land uses by allowing future inf1ll development on
TaX Lot '400, and through the site plan review process establishing improved
landscaped buffers and a use more compatible than the industrial uses that
historically abutting this residential area.
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(:) where criteria for designating i\lIediLim Density Residential
land does 'not apply;
Criteria for designating MDR land does not apply to the subject site.
D) where legally created commercialllses exist;
,Tax Lot 402 has e:<.isting, long-standing commercial uses that were legally created
prior to development of the Metro Plan or EMRP. Tax Lot 400 has had a variety
of commercial services located on-site over the years.
E) where adequate cllstomer and sen;ice access to an arterial
street can be provided; ... and'
The subject site has adequate legal access onto Main Street, which is classified as
an arterial street.
F) where designated Commercial on the iYletro Plan Diagram,
Approval of the concurrently submitted Plan diagram amendment application
would result in a Commercial designation on the Metro Plan diagram, which
would also automatlcally modify the designation on the EMRP diagram.
Poiicy 2) Apply site-specific Commercial refinement plan designations
to clearly define the limits of new commercialllses where there is not an
existing, legally es'tablished, and beneficial mb:ing of llses.
Approval of the concurrently requested redesignation would apply Commercial plan
designations to the subject properties, allowing the existing, legally established
commercial uses on Tax Lot 402 to continue. It would also enable commercial uses to be
established on Tux Lot 400, thereby defining the limits of new' commercial uses between
the pre-existing commercial uses on Tax Lot 402 and others to the west, and the
developed industrial business park to the east. Tax Lot 400 does not have an existing or
beneficial mix of uses, but h~s historically housed industrial yard-type operations.
Therefore, approval of the proposal would define the limits of new commercial uses as
called for in the above policy, and also provide the ability to make superior buffering and
other improvements associated with future development on Tax Lot 400 through the site
plan review process.
Policy 3) Redllce the n!lmber ofvehiwlar access points and require the
rebuilding of curbs and installation of sidewalks and street trees along
l'Ylaill Street, through the Sire Plan Review process and in public
improvement projecrs.
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Zone Ch:mge.Application
PeaceHealth Oregon Region
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The proposal would result in reducing the number of existing access points as required
above. Through the Site Plan Review process, future development on Tax Lot 400 will
, have a single driveway accesS onto Main Street, eliminating one of the two ex.isting curb
, cuts on this site. Sidewalks and street,trees are already located along its Main Street
frontage, consistent with the above policy.
Policy 4) Provide buffering' between commercial and residential uses
through Article.31 of the Springfield Development Code, Site Plan
Review process.
Existing residential uses along'the east side of 44th Street have had no real buffer from
pre-existing industrial uses on Tax Lot 400. Approval of the propos'al would~allow for
attractive infill development of future medical facilities that would provide (through the
SPR process) improved landscaped buffers between the future use and existing
residential area to the west _ as required by Code, and consistent with the above policy.
3. Industrial Element
Policy 1) The City shall'encottrage efforts of various agencies to attract
new and retain existing jobs and businesses.
Imolementation
The City shall maintain a c"rrent inventory-oj vacant commercial and
indllstrialland and structures within the East Alain area.'
Consistent with the above policy, approval of the ~~qu~sted:~qne change and
redesignation will enable existing, long-standing jobs and businesses on Tax Lot 402 to
remain as legal, conforming land uses, and allow future development of new employment
on Tax Lot 400 with higher than average wages and employment densities ,than the
current designation and zoning allowS.
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4.3 'Provision of Adequate Public Facilities
'The subject properties were annexed into the Springfield corporate limits in 1960, and
'therefore are provided with City police, fire, and other government services. Other basic
infrastructure is in place to serve existing development on Tax Lot 402 and any future
development on Tax Lot 400. Specifically, sanitary sewer, stormwater,'and water lines
are all located along the site's Main Street frontage - all of which are adequate to serve
the needs of existing and/or future. development on the subject site. Transportation
services are also readily available to serve existing and future development, as Main
Street is fully improved with curb, gutter, etc.
As indicated in the Traffic Impact Analysis accompanying the concurrently submitted
zone change and Metro Plan diagram amendment, approval of the proposal would not
result in a "significant effect': to the transportation sy#tem, and therefore is consisterrt
with the state Transportation Planning Rule. The TlA further demorrstrates that existing
and future development under the proposed zone change has safe and efficient access and
circulation for vehicles, and also will benefit from the sidewalks, !i'ike lanes, and transit
service existing on Main Street.
Therefore, the proposed zone change complies with the requirement for having adequate
public facilities and se.rvices to serve development, as established in SDC 12.030 (3).'
4.4 Consistency with Approval Criteria inSDC Article 7
The proposed zone change is submitted concurrently with an application to amerrd the
. Metro Plan diagram. The following findings are contained in the Plan diagram
amendment applicatiorr, and al9\J demonstrate that this proposal complies with Metro
Plan policies as required \nSDC 7.Q70 (3) and with .zone change approval criteria in SDC '
12.030, Both the fmdings below relative to Goal 12 and those above pursuant to Metro
Plan Transportation Elementpolicies address consistency with the state TPR, as called
for in SDC 12.030.
It should also be noted that approval of a Metro Plan diagram amendment also
correspondingly changes the applicable refinement plan (East Main Refinement Plan)
diagram, as established in SDC 7.110 (4).
Goal 1 - Citizen Involvement
Goal 1 addresses the need to develop a citizen involvement program to ensure citizen
involvement in all phases of thellmd use planning process. The Planning Commission
and the City Council will hold public hearings and accept testimony on the proposal.
Through the procedures established by the city, citizens will receive notice of hearings in
generally published local papers and have the opportunity to be heard 'regarding the
proposed diagram amendment and zone change. Notice of the public hearings will also
be given in accordance with SDC requirements to nearby property owners, interested
parties requesting notice, and any-established neighborhood organization. Since the
process complies with the City's citizen involvement program and citizens have
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Zone Change...APplication.
PoacoHoaith Oregon Reglon
. March 15 2007
"Page 13"
opportunities to be involved in the procedure, the proposed plan and zone map
amendments are consistent with Goal I. '
Goal 2 - Land Use Planning
Goal 2 requires that local comprehensive plans be consistent with the Goals, that local
comprehensive plans be internally consistent, and that implementing ordinances be
consistent with acknowledged comprehensive plans. Goal 2 also requires that land use
decisions be coordinated with affected jurisdictions .and that they be supported by an
adequate factual base. As required in SDC 7.050, the City is required to give referral
. notice 0 f the proposed Type II Metro Plan diagram amendment to the City of Eugene and
Lane County so they may determine if there are grounds to participate as parties to the
hearing. The City also sends the statutorily required no~ice of the initial public hearing
45 days in advance to the state Department of Land,Conservation and Developmen't,
ensuring that they are given opportunity for comment and review cO[1forinity to
applicable statewide planning goals.'
The Metro Plan and the SDC, as well as the Statewide Planning Goals and applicable
statutes, provide policies and criteria for the evaluation of comprehensive plan
amendment and zone change proposals. Compliance with these measures assures an
adequate factual base for approval of the proposals', As discussed elsewhere in this
document, the Plan diagram and zone map amendments are consistent with the Metro
Plan and the Goals. Consequently, by demonstrating such compliance, the proposal
satisfies the consistency element of Goal 2. ' ,'. '
Goal3 _ Aoricultural Lands
o
This goal is inapplicable because as provided in OAR 660-15-000(3), Goal 3 applies only
to rural agricultural lands. The subject properties are located ,vithin an acknowledged
. urban growth boundary, are inside Springfield's corporate limits, and have not been in
agricultural use for decades. '
Goal 4 - Forest Lands
Goal 4 does not apply within urban growth boundaries, p'er OAR 660-06-0020, and the
areas affected by the Plan amendments are inside Springfield's acknowledged UGB.
Goal 5 - Natural Resources
Goal 5 requires local governments to protect a variety of open space, scenic, historic, and
natural resource values. Goal 5 'and its implementing rule, OAR Ch. 660, Division 16,
require planning jurisdictions, at acknowledgment and as a part of periodic review, to
(3) identify conflicting uses;
I
I
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I
i
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(1) identify such resources;
(2) determine their quality, quantity, an.d location;
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Zone Change -Application
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March 15 2007
(4) examine the economic, social, environmental, and energy
(ESEE) consequences that ,could result from allowing,
limiting, or prohibiting the conflicting uses; and .
(5) develop programs to resolve the conflicts.
The subject properties are not on Springfield's acknowledged Metro Plan Goal 5
inventory. No threatened or endangered species have been inventoried on the site, and no
archeological or significant historical inventoried resources are located on the site. The
National Wetland Inventory and Springfield Local Wetland Inventory maps have been
. consulted and there are no jurisdictional wetlands located on the site. Therefore, the
proposal does not alter the City's compliance with Goal 5.
,
Goal 6 -Air, Water, and Land Resources Quality ,
The purpose of Goal 6 is to maintain and improve the quality of th~ air, water and land
resources of the state. Generally, Goal 6 requires that development comply with
applicable state and federal air and water quality standards. In the conUlxt of the
proposed Metro Plan diagram amendment and zone change, Goal 6 requires that the
applicant demonstrate that it is reasonable to expect that applicable state and federal
environmental quality standards can be met.
Though Tax'Lot 400 has been used for low-value storage and quasi-industrial uses, the
site is not listed on any state orlocal environmental clean-up list. A Phase I
environmental aSsessment on the subject property was' conducted and recommended
additional analysis. Upon recommendations through the Phase 2 environmental
assessment a nominal quantity of soil (less than 1,0 cy) impacted by earlierlhistOlic use
was removed from the site'and properly,disposed. Given the nominal impact generated
by historic uses on the site, it is reasonable to conclude that future development on the
site will be able to demonstrate compliance with C;:ity standards for water quality
protection through the site plan review process, thereby complying with applicable state
and federal environmental quality standards.
Goal7 _ Areas Subject to Natural Hazards
Goal 7 requires that development subject to damage from natural hazards and disasters be
planned and/or constructed with appropriate safeguards and mitigation. The goal also
requires that plans be based on an lnventbry of kno,vn areas of natural disaster and
hazards, such ;s areas prone to landslides, flooding, etc.
The site is flat and not subject to landslide hazards, and is located well outside of any
established FEMA flood hazard area. Therefore, approval of the proposal will not alter
the City's acknowledged compliance with Goal 7 through its adopted plans, codes and
procedures.
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Zone Change,f-pplication
PeaceHealth Oregon Region
March 1,5, zr07
Page 15
Goal 8 - Recreational Needs
Goal 8 requires local govel1UTIents to plan and provide for the siting of necessary
recreational facilities to "satisfy the recreational needs ofthe citizens of the state and
visitors," and where appropriate, provide for the siting of recreational facilities U;cluding
destination resorts. The subject site is not included in an inventory of recreational sites,
and the proposal will not have an impact on the community's recreatio[lal facilities or
needs; therefore, the proposal does not implicate Goal 8. '
Goal 9 - Economic Development '
. Goal 9 requires the city to provide adequate opportunities for a variety of economic
activities vital to the health, welfare, and prosperity of the citizens. The proposed'
amendment to the Metro Plan diagram will increase the.city's capacity for economic
development by adding 5 acres of CC designatedlzon~(\ land in place of the existing
industrial designation and zoning. Permitting the construction of fu~re clinic faqilities
on Tax Lot 400 and allowing long-standing commercial use,s on T.ct Lot 402 to continue
and become conforming uses consistent with commercial zoning through approval of the
proposed Plan diagram amendment a[ld zone change is .consistent with numerous :policies
in the City's adopted plan for compliance with Goal 9, the Springfield Commercial Lands
Study (SCLS). .
Specifically, the following SCLS policies are applicable to the proposal:
Policy I-A: "Maintain a mixed supply of large and small comme"rcial sites
througH strategies such as rezoning or annexation to serve Springfield's
future populatiori."
The proposal fulfills this policy objective by rezoning (and redesignating)'land from'
industrial to commercial use, for two tax lots of varying sizes and commercial uses,
thereby maintaining existing employment and commercial use in,TaxLot 402 and
providing the ability for growth in medical sector 'employment by allowing future clinic
uses on Tax Lot 400. '
Policy,I-C: "Maintain at least a five-year supply of corrunercialland
within the Urban Growth SOU[ldary (UGS) that is currently served or
readily serviceable with a full range of urban public facilities and
services.ll
The SCLS (see Table 3-8, pg. 32) found there to be a deficit of 158 acres in the supply of
commercial land over demand projected through the year 2015. The proposal would
allow for redesignation and rezo[ling of five acres.thereby reducing the deficit of
commercial land. The subject site has a full range of urban public facilities and services
available to support existing commercial development on Tax Lot 402, and future
development on Tax Lot 400. The SCLS identifies (pg. 33) a need to support
"emplojme[lt in population-dependent sectors such as retail sales and health services" to
meet Springfield's growing community, The SCLS also noted (pp. 27-29) state and local
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trends in greater employment in retail trade and well-paying.heaIth services sectors.
Approving the proposed redesignation and zone change would help med Springfield's
demonstrated need for employment and commercial services.
Finding 3 in the SCLS (pg. 36) cited the acknowledged 1992 Industrial L~nd Study as
demonstrating that "a surplus of industrial sites exists in the Metro, Are'a." Therefore, the
proposed redesignation (and corresponding rezoning) would nolresult in a defiCIt of
needed industrially designated and zoned land, but it would help reduce the commercial
lands deficit identified in the SCLS. Therefore, approving the proposal would be
consistent with' SLCS Implementation Strategy 3 -A.(l): "Evalu~te inventories based on
demonstrated need for ,the plannIng period. Initiate rezoning or redesignation of surplus
land uses where more appropriate for commercial, consistent with the Metro Plan."
- ",
The proposal in fact consistent with inventories for commercial and industrial lands
adopted by the City Council and acknowledged by DLCD as being' consistent with Goal
9. Oregon Administrative Rules concerning Goal '9 implementation (OAR 660'009- ,
0010(4)) call for amendments to land use designations "in excess'oftwo acres within an '
existing urban growth boundary from an industrial land I.)se designatio,n to a non,
industrial use designation" to have,to address applicable planningrequirements - such as
consistency with the Metro Plan and other local plan policies (i.e., SCLS) or be consistent
with an economic opportunities analysis. The City can find that the proposal complies
with relevant local plan policies by converting one form or employment-generating land
use to another, without negatively impacting the supply ofbuildab[e lands for either
category of uses. The proposal enables continued use of the existing and long-standing,
commercial center to continue to operate and pro:,ide employment opportunities, while
also allowing higher-value employment associated with future development on Tax Lot
400. These types of employment-generating'uses are among those identified in OAR
660-009-0005(6) as eiigible non-induSl1ial employment activities that can justify
approval of the proposed Plan diagram amendment without the need for an economic
opportunities analysis apart from the SCLS, which DLCD acknowledged as fulfilling the'
City's obligations under Goal 9.
Because the requested redesignation and zone change implements SCLS policies and
does not result in a deficiency of needed industrial lands, and is otherwise demonstrated
to be consistent with relevant Metro Plan policies, approval of the proposal is consistent
with the City's compliance with Goal 9 and applicable administrative rules regarding
Goal 9 implementation. '
Goal 10 -Housing
LCDC's Housing goal requires cities to maintain adequate supplies of buildable lands for
needed housing, based on an acknowledged inventory of buildable lands. The proposal
does not affect the City's inventory of residential lands, .
In fact, approval of the requested redesignation for Tax Lot 400 would enable
redevelopment of an industrial site abutting e,\isting residential development Through'
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Zone Chang<,Applicalion
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the site plan review process, future development on that property can provide a superior
buffer and a higher use that will benefit the adjoining residential properties. Because the
proposal does. not involve directly any change in the amount ofresidentially designated
or zoned land, it does,not affect Springfield's continued compliance with Goal 10. ·
Goal,l1- Public Facilities and Services
This goal requires the provision of a timely, orderly and,efficient arrangement of public
facilities and services. The subject property is located within the Springfield UGB and
city limits, and is already designated for urban levelsofilse. The proposed amendment to
the Plan map designations .nd zone map classifications from LMI to CC will not affect
the ability to provide (\eeded services since all the required ,urban servlc'es are available to
support existing or future commercial uses on the subJ~ct site.
Goal 12 - Transportation '
Goal 12 requires local governments to provide and encourage a safe; convenient and
economical ,transportation system: The proposed map amendments and zone change
involve approximately 5.24 acres'ofproperty, though existing and longcstanding
, commercial uses occur on Tax Lot 402 such that approval of the proposal will not:result
in any changes to the type or intensity of uses on ,the site, and will not increase the trip
generation for that fully developed parceL As the attached Traffic Impact Analysis (TIA)
demonstrates, future development of medical office facilities on TL 400 will not degrade
mobility standards below acceptable levels and allow for adequate queuing lengths at
applicable intersections. Therefore, the proposal will not have a "sigrlificant effect" on
transportation facilities as defined In the Transportation Planning Rule (OAR 660-012-
060).
Existing development at Tax Lot 402 is not affected by the proposal, and is assumed to
retain its current access points off Main Street. It is further assumed that future
de;"elopment on Tax Lot 4QO will result in some access changes as will be reviewed
through the site plan review process, thereby consolidating two ex.isting curb cuts located
on Tax Lot 400 into a single access point located approx.imately in the center of the
parcel. The TLI\. demonstrates that these access points will not result in any degradation
of mobility standards below acceptable levels, and that safe and efficientcircu\ation can
be realized through approval of the requested land use redesignation and zone change.
Furthermore, reduci(\g the number'of access points for future development on :rax Lot
400 is consistent with policy objectives found in East Main Refinement Plan (EMRP)
Access, Circulation & Parking Element policy 1 B (pg, 17) and Commercial Element
poticy] (pg. 12),
Because the proposal, as demonstrated in the TIA, is consistent with the requirements of
the TPR and with applicable policies in the EMRP, it is consistent with Goal 12 and
applicable local implementing policies
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Goall3 -Energy Conservation
The Energy goal is a general planning goal and provides limited guidance for
site-specific map amendments. The proposal has no direct impact on energy
conservation, though it IYould in fact will promote greater energy efficiency by enabling
needed clinical services available to growing residential areas in east Springfield..
Therefore, the proposal is consistent with, and does not alter the City's continued
compliance with Goal 13,
Goal 14 _Urbanization .
Goal 14 requires local jurisdictions to provide for an "orderly and efficient transition
" from rural to urban land use." The subject property is within the UGB ~d the city limits
of Springfield, and within an existing urbanized area of the corrtmunity, Therefore, Goal
14 is not applicable to this application.--
Goal 15 - Wil1amette River Greenway ,
This goal is inapplicable because the subject property is not within the boundaries of the
Willamette River Greenway. '
Goals 16-19 - Coastal Goals ,
The coastal goals are not applicable to this application.
., ....
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. 3PRINQP1El-D ' .
Staff Respo~se to written comments to Applica,tions
ZON 2007-00012/ LRP2007-000H
'.
.EXECUTIVE SilltINlARY:.
. "
Staff received one written testimony from Lauri Segel; Goal One Coalition Planner; on
June 12th, 2007. A written rebuttal to Ms. Segel's letter was then submitted by the
applicant the folIo wing day, June 13th, 2007. Both letters were received within the .
specified deadlines as noted in the Planning Commission public hearing on June 5th,
2007. Excerpts from Ms. Segel's letter and the applicant's rebuttal letter have been
provided in this report (in italics) in order to summarize the issues and to provide eas"e of '
review by the Planning Commission. Copies of the \}Yo letters in their entirety are '.
attached for reference and review in addition to the excerpts and Staff responses in this
~~ .
, Ms. Se!!el's Submittal - Issue #1: "ApplicclntRelies heavily onthe acknowledged
2000 Springfield Commercial Lands Study (SCLS), which does not address the -
entire Metro UGB area, and is not a refinement plan o/the Metro Plan... The'
proposed findings rely on reports and other documents containing inventories,
assumptions, and data that have not been 'established/or the entire Metro UGB
area. but rather only for the Springfield portion of the UGB area... "
Aoolicant's Rebuttal:, "The cities of Eugene and Springfield have separately
adopted and acknowledged commercial lands studies fidfi/ling the requirements
0/Goa19, As stich, the SCLS serves as the City of Springfield's "most recent
economic opportunities analysis, " as Mi. Segal notes above by her own
admission ," There is no requirement that the Applicant or the City perform a
metro-wide analysis of commercial lands in order to adopt findings satisfying
compliance with Metro Plan policies and Goal 9... "
ST AFF RESPONSF~ The SCLS was a Period Review Task required byDLCD and was
approved by said agency as part of Springfield's compliance with Goal 9 during ,the .
Periodic Review process. As such, it is a valid document to reference related to this Post
Acknowledgement Plari Amendment (PAPA) proposal. The SCLS was adopted by
Resolution No. 00-13 as the "policy document guiding the provision of commercial lands
within the Springfield Urban Growth Boundary," The SCLS was revi.e\ved by DLCD, and
.found to be consistent with the periodic Review Order and Statewide Planning.Goals.
The SCLS was not adopted as a specific amendment t6 the MetrO Plan. The City
undertook a supply and demand analysis to determine if there waS adequate commercial
land in the adopted inventory to accommodate projected demand and, based on these
conclusions, identify what the City could do to address these conclusions. Chapter 4 of
the SCLS, which includes policies and implementation strategies, all recommended
actions are already in the Metro Plan or TransPlan; are a recommendation to amend the
Code; or are suggestions to improve business practices, The City and DLCD concluded
5-100
it was not necessary to adopt the SCLS as an amendment to the Metro Plan because all
recommendations regarding inventory adjustments contained in the Study could be
implemented;through the PAP A process as increases in the commercial lands inventory;
the SCLS would be used at that time as part of the fmdings, reasons and conclusions for
those P AF'A actioI1;s.
Best available data was used in the analysis of these applications, which included the
SCLS. There are no comprehensive studies (i.e. commercial lands inventory) available
for the entire UGB related to commercial lands \vithin one specific time period. Rather,
there is a conglomeration of various studies that are reviewed. For ex.ample, the 1992
Industrial Lands study is UGB'wide. The Residential Lands Inventory which is used by
the City is not UGB-wide. Likewise, the SCLS is not Metro-wide.
Ms..Se?el's Submittal - Issue #2:, "The ad@pted Springfield Natural Resource
Study (adopted by Ordinance #6150) shows I(ttle or no impact on the commercial
lands inventOlY from Goal protection meastlres. and provide. little if any analyses
of land availability within the entire Metro UGE area, rather{hanjust the
Springfield UGE area. The analysis shows an impact of 11.56 acres on
Springfield's (not the urban growth boundary area in its entirety)... The
referenced studies / analyses referenced by the applicant do not take into account
the 100 acres of new commercial land designated / rezoned to commercial in the
Gateway area. "
, Aoo!icant's Rebuttal:. "Considering that the SCLS identified a deficit of 158
acres in ,the supply of commercial land over demand. accouniing for this
additional redesignated/rezoned land, this would stili result in a deficit of more,
ihan 61 acres of n~eded commercial land. Approving the requested Plan
amendment/zone change would stili leave a, deficit of approximately 55 acres of
needed commercial land... Therefore, even considering impacts to commercial'
lands inventories from other adopted and acknowledged plans (i.e. the City's plan
Jar Goal 5 compliance) and ac/alOwledg,ed Plan amendment] / zone changes.
approval of the proposal wili not result in there being an e;ccessoJ needed
commercially zoned and designated land. To the contrary, this analysis
demonstrates that there wiil remain a deficit of approximately 66 acres after
approval of the requested redesignation/ rezoning,"
STAFF RESPONSE: The Springfield Natural Resource Study (SNRS) is referenced by
the applicant and staff as related to this PAPA because it provides a'more updated view
of the city's commercial & industrial lands inventory, It is not meant to be all inclusive in
and of itself. Reterence to the SNRS in conjunction with other referenced documents (i,e.
the SCLS & 1992 Industrial Lands Study) is provided to give the most accurate
informurion possible given all the available data at this time
A,..gain, the applicant's report and staffs analysis reference the most recently adopted
documents / inventories available. The City currently does not have an ongoing database
!:' 1n1
"
that keeps trackof inventories ba.sed upon Plan Amendments a.ndlor Zoning Map
Amendments on an ongoing basis.
The applicant's rebuttal references numbers of acres related to the City's deficit of
commercial land. Staff concurs with the applicant's rebuttal related to number of acres of
comrnerciallands. The redesignation and rezoning of up to 99 acres of residential land
within the Gateway MDR site (as referenced by Ms, Segel) still does not negate the
deficit of commercial rand within Springfield's city limits.
Ms. Se2el's,Submittal- Issue #3:, "The applicant has notjustifled the
conversion of scarce, shovel 'ready industrial land. especially land designated and
, zoned light medium industrial inside the Metro UGB, even though the Metro Plan
(comprehensive plan) Economic Element poliqy #12 establishes that the cities are
to 'discouragefiLture Metropolitan Area General Planamendments that would
change d.evelopme'!t ready industrial lands (sites defined as short-term in the
metropolitan Industrial Lands Special Study, 1991) to noh-'industrial
designations.' the applicant and stafffindings dp not'address how the loss of
these 5.24 acres impacts the short-term supply of LM] designated land... ".
Auolicant's Rebuttal: "Ms. Segel's citation of Economic Element Policy 12
ignores the fact that the subject site was not included among the sites "defined as
short-term in the metropolitan Industrial Lands Special Study. 1991). "...casting
doubt on the applicability of Metro Plan Economic Element Policy 12... Even if
Policy 12 were relevant, it's langitage is clearly not prohibitive to approval of an
application for redesignationlrezoning of an industrial site, particularly,when
considering it in the context of industrial commercial land inventories. ...even if
all of the acreage redesignated in Springfield were from the LlvIrdesignation-
which is no. doubt not the case':" there would still be a SurphLS of nearly 50 acres
of LJ'vII designated land even after approval of the requested Plan amendment.
This does not account for the 11.5 acres of land added, to the inventory of LMI
zoned and designated land referenced in my March 28, 2007 supplemental
information. ,.. Therefore. the removal of 5.24 acres of LlvIIzoned and designated
land will not result in a deficit of needed land in that industrial designation.
...Moreover, although Economic Element Policy 12 "discourages" Plan
amendments for certain industrial lands, there are cOlllltervailing policies in the
Metro Plan (i.e" Economic Element Policy 6) and SCLS (f.e.. policies I-A and 1-
C) that are directive to providing an adequate stlpply of needed commercial
lands... "
ST AFF RESPONS E: Staff concurs with the applicant's rebuttal to the issue raised. The
applicant has cited numerous acreage calculations based off of adopted inventories which
support the proposal As noted by the applicant, the subject site was not included among
the sites defmed as short-term in the metropolitan Industrial Lands Special Study, 1991.
As noted in the applicant's rebuttal and as previously noted In this report and the original
Staff Report, a deficit of commercial land and surplus of industrial land will still ex.ist
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even after an approval ofthe'prop.osed Plan Amendment and concurrent Zoning Map
Amendment. '
Ms. Senh Submittal- Issue #4:. "The Applicant's analysis of the proposals'
, consistency with comprehensive plan Economic Element policies found in the
IyIetropolitan General Plan, Chapter ffI, E-I - E-7 is insufficient and does not
address the most significant policies that must be considered. "
A2.pl_i,ont's Rehuttal:.....there are coun(ervailing policies in the Metro Plan
(i.e., Economic Element Policy 6) and SCLS (i.e" policies I-A and i-C)-that are
directive to providing an adequate supply of needed commercial lands: The Nietro
Plan recognizes such conflicts: "The respeclivejurisdictions recognize thatthere
are apparent conflicts and inconsistencies between and among some goals,
objectives; and policies. When making deCisions based on the' Plan, not all the
goals, objectives. and policies can be met to the same degree in every instance.
Use ofthePlan requires a 'balancing' of its various components on a case-by-
case basis, as well as a selection of those goals. objectives, and policies most
perti~ent to the'issue at hand." (pg. 1-4, Metro Plan)...The applicant's original
March i5, 2007 submittal includedfindings addressing relevant Metro Plan
policies (see pg. 5 of the submittal, pg. 4-5 of the Commission's June 4, 2007
, hearing packet). Clearly not all of the 32 Metro Plan Economic Element policies
are relevant to the proposal. Many are aspirational in nalLm! and not directive to
, '
a specific quasi-judicial application .,.
,ST AFF RJ:SPONSE: As noted in the applicant's rebuttal, policies in the Metro Plan are
sometimes conflicting to one another. As stated on page I~4 of the Metro Plan, "The
respective jurisdictions recognize that there are apparent conflicts and inconsistencies
'between and among some goals, objective$, and policies. When making decisions based
on the Plan, not all the goals, objectives, and policies can be met to the same degree in
every instance. Use of the Plan requires a 'balancing' 'of its various components on a '
case-by~case basis, as well as a selection of those goals, objectives, and policies most
pertinent to the issue at hand," The applicant submitted written statements relative to the
policies which supported the proposal. As noted in the originalStaffReport, Staff
concurred.with the applicant's l1arrative related to the referenced Metro Plan policies
,vhich suppor1the proposal, given the relationship of those stated tvietro Plan policies as
reviewed concurrentlv with the referenced corn:nercial,and industrial adopted inventories.
Ms. Se~el's Submittal- Issue #5: "The applicant is not specific about what uses
will be cited should the proposal be apPI:oved, a'ndlhere is no way to know if in
fact above wage jobs and salaries... th~'re is no way to establish if the appiicant
will infact utilize local and imported capital, skills etc. as no commitment to a use
has been established... "
ADDlicant's Rebuttal:" ...Ms, Segel's llssertiol1 that the application was
unspecific as to the jiLwre ltSeS 011 Tax Lot 400 is inaccurate. The applicatioll
narrative clearly slaleS rhe intended purpose of the redesignation/re:ollil1g is to
'c 1(\')
allow for a fult/re medical clinic on Tax Lot 400 and to allow the long-Slandina
., 0
commercial operations on Tax Lot 402 to continue (pg. 2, pg.4-2 in the
Commission's June 4 hearing packet). Such clinical uses are not permitted in any
industrial :oning district, thus promopting the need to, rezone (and Redesignate)
Tax lot 400 to allow a medical clinic. A verage wages and benefits for medical
workers tends 10 be higher than average local wages, and further substantiating
data can be entered into the record at the City Council level...
ST AFF RE:)PONSE: The applicant has noted the intent of the Plan Amendment and
concurrent zone change is for the eventual development of a medical office building. This
is mentioned not only in the applicant's narrative, but also in the applicant's Traffic
ImpaCt Analysis. In fact: the referenced table in the TIA (Table 7, pg. 19) specifically
calculates trip generation for the orooosed medical office buildirir;. However, as n~ted by
Ms. Segel, there is no certainty as to what the salaries will be, if it will utilize local
capital, etc. With thatsaid, there is no suchassurance'f~r any new use that mIght go on
the property with the existing zoning and Plan designation either:-Given the fact that the
applicant'is ~ medical service provider (i.e. peac'e Health); that they are pursuing these
applications; and that they have indicated on their application that the purpose ofthese,
applications is to develop a future medical office clinic, it is highly likely (in Staff's
opinion) that they will pursue the medical office use as they've specified. As noted in the
. applicant's rebuttal, average wages and benefits for medical workers tends to be higher
than average local wages. Staff concurs with the applicant's rebuttal statement and .
affirms the original Staff Report findings indicating that the proposal is'in compliance
with applicable Metro Plan policies.
Ms. Se?,el's Submittal -lssue #6: "The applicant makes the argument that,the
proposed plan amendment and zone change would have the effect of correcting
existing non-conforming uses on TL #402. (map 17-02-32); however, the 2000
SCLC. at Appendix C. "Sites with Plan/Zone Conjlicls" does not include the .
'stibject property. It appears that the existing nonconforming uses were actually
established AFTER adoption of the 2000 SeLS, indicating that the existing tlSes
. were actually permitted by the City wilh the knowledge that these uses would
create plan/zone conjlicts."
.
Aoolicant's Rebutta~ "The applicant does not allege that there is a Plan/zone
conflict on Ta.' Lot 402; clearly the e.,isting Plan designations and zo'iIing al'e
LMJ. Ralher, the poinl made in our application narrative is thai'commerciahises
have e.,istedfor decades, pl"e-existi;g the establishment of the Melro Plan and the
application oftlte U,;f1 designation on the subjecl properties, lvis. Segel provides
no evidence to back up her accusation that the City willingly allowed commercial
uses on Ta.., LOl402 after adoption a/the SeLs. The applicant and owner of Tax
Lot 402 will provide additional evidence and testimony at tlte City Council
hearing on July 2 which wiil fitriher demonSlrale factually tltat commercial Lises
and employment Itave been in the building on Ta., Lot 402for nearly 50 years.....
t::-.:1nA
ST AFF RES'pONSE: The existing: zoninz for TL #402 is Lig:ht Medium Industrial
(LMI). The existing: Plan Oesi2l1ation for TL #402 is .Lig:ht Medium Industrial. (LMI).
Therefore, there is no Plan/zone conflict as alleged by Ms. Segel. A non-conforming use
is not the same as a plan/zone conflict. Ms. Segel alleges that the City permitted the
existing uses on TL #402 "AFTER adoption of the 2000 SCLS..." and further states that
the uses were "...permitted by the City with the knowledge that'these uses would create
plan/zone conflicts." This allegation has not merit for multiple reasons. Article 5 of the
. Springfield Development Code provides provisions to allow existing non-conforming
uses to modify or expand based upon specific criteria. A "none conforming use" is a use
that was legally created when first established but would not be allowed as a "new use"
under the existing zoning. The existing corrunercial uses on TL #402 are most likely
considered non-conforming uses (i.e. commercial uses on industrial zoned property). The
2000 SCLS does not list TL #402 as a Plan/Zone conflict because it is not a plan zone
conflict.
'Ms. Seeel's Submittal- Issue #7:. "The proposed change is not 'logical and
,harmonious' because it is not consistent with the development pattern envisioned
in the Metro Plan ...Compliance with statewide planning goals, including goals
2,6,9,10.1 2'and 13 has not been established. In particular, it has not been
established that the Eugene-Springfield Metro UGB area's supply oj campus
industrial land will be protected pursuant to the PAPA and zone change
proposal... SlafJhas Jailed to address the impact that this proposal will have on
the dwindling supply oj shovel ready industrial land inside the Springfield city
limits. including prior actions approvingland use code amendments to the
campus industrial zone that established ,,:,ore flexibility'Jor what uses are
allowed in the city's campus industrial zones. "
Aoolicant'sRebuttal:, "It shouldfirst be noted that the application does not
involve or in ani way afJect the 'metro area's supply oj campus industrial land. '
Moreover. the application has no efJect upon 'Goal 10 (Housing), and has
elsewhere den10nstrated compliance with Goa'II2 and other applicable statewide
planning goals, My guess is that Ms. Segel and Nancy Falk, 'who appeared at the
June 4 hearing and reqi,ested the written record be leJt open Jor a week, both
vigorously appose the Plan amendment/i:one change proposedJor the iV/arcola
Meadows project. and are borrowing arguments to also object to 'this modest
request beJore the City.., The contention that the proposal would not result in a
'Iogical and harmonious' land use paltern is without substance or basis in Jact.
and is not an approval criterion. As noted above and elsewhere in the record. this
proposal is consistent with pohcies and provisions in the Metro Plan, its
Economic Element, supporting refinement plans (i.e" the SCLS and I'dILS) 10 the
JyIetro Plan, and Coal 9 and other apphcable statewide planning goals... "
STAFF RESPONSE: Ms. Segel refers to the existing zoning of the subject site as
"Campus Industrial" multiple times in her letter. The subject property is zoned and
,designated LiQ:ht Medium Industrial, not Camous Industrial, As noted in the applicant's
rebuttal, the statement submitted by Ms. Segel indicating that the ".. :proposed change is
r: 1nc
.J
not 'logical and harmonious:..' is not a' criterion of approval for these applicatioI1s. Staff
have reviewed the proposal based upon the applicable criteria of approval, and found that.
it meets the-criteria (with conditions) as written in theStaffReport. The inventories of
commercial and industrial land have been evaluated and balanced with the relevant Metro
Plan policies to formulate the recommendation for approval with conditions. Specific
findings related to the Statewide Planning Goals have also been included in the original
Staff Report,
'-
GOAL ONE COALITION
@
Goal One is' Citizen Involvement
City of Springfield Planning CornInission
David Reesor
City of Springfield
225 Fifth Street
Springfield, OR 97444 ,
O:.j-,......~~-- --. ~
1.---:' '..... il. ..... :I .~ r H"-:-'"
',,',__n__ ~:..'il. .j .,,--,L~
.lUN 1 2 2007
.BY:" V,<
June 12, 2007
RE:, ZON 2007.{)00121LRP 2007 '{)0013, Plan Amendment &' Zone Change
Dear Members of the Commission:
The Goal One Coalitio~ (Goal One) is a noaprofit or~anization whose mission is to provide
assistance and support to Oregonians in matters affecting their communities. Goal One is
participating in these proceedings at the request of and on behalf of its membership residing in
Lane, County. This testimoay is presented on behalf of Goal One and its membership,
incluaing Nancy Falk, 2567 Marcola Road, Springfield Oregon 97477, 'as an individual.
I.lntroduction
This proposat'is for a site-specific Metro Plan Amendment I Refinement Plan Amendment and
a concurreat Zoning Map Amendment from Light Medium Industrial (Uvll) to Community
Commercial (ee) within the Springfield city limits.
The subject site is located near 44th and Main Street (Highway 126). 'The site coasists of two
parcels under separate ownerships, and is located on appro;Urriately 5.24 acres'identified as ,
Tax Lots 400 and 402 oa Assessor's Map No. 17-02-32-00. TL 400 (5.0 I a>:res) has several
vacant buildings on site, tacluding portable trailer type stIUctures. The smaller, of the two
subject lots, TL 402 (.24 acres), has an e,tisting commercial development on-site, although the
plan designatio a imd zoae are LMI. properties located to the aorth (Weyerhauser) are zoned
and designated heavy industriaL Parcels located west of the subject site are designated mixed-
'use on the East Main Refinement Plan. Property located east and adjacent to TL #402 is built
out as a business park, and designated LMI. Properties located south of the subject site, across
Main Street, are zoned and designated Community Commercial.. '
II. Criteria applicable to the request
Local approval criteria are found in the following documents: Springfield Development
Code,Metro General Plan, and East ~-[ain Refinement Plan, as indicated In the staff
report.
The proposed plan amendment must also be found to be consistent with applicable statewide
planning goals. ORS 197.175(2)(a). Applicable goals include Goal I, Citizen Involvement,
Goal 2, Land Use Planning; Goal 9, Economy of the State; and Goal 12, Transportatioa. The
"
Eugene office: 642 ehlrnelcon 5uite 1 Q{] . Eugene 01\ 9740 1 . 541-431-7059 . fax 541-431-7078
leb.non office: 39625 A1men Drive' leb.non 01\ 97355' 541-258-6074' fax 541-258-6810
'N'N'H.goal1.org
c: 1-fn
GOAL ONE COAUTION
'proposed plan amendment must also comply with administrative rules implementing'
applicable statewide planning goals.
" '
III. Analysis
COMPRJ:H.FcNSIVE PLAN CONSISTENCY AND COMPLIANCE WITH,
ST A TE\V1DE GOALS.
All comprehensive plan amendments are reviewable for compliance with the statewide ,
planning goals. Residents of Rosemonl v. Metro, 173 Or App 321 (2001); 1000 Fnends of
Oregon v. Jackson County, 79 Or App 93, 97, 718 P2d 753 (1986), rf!V den 301 Or 445
(1987); Opus D~elopmenl Corp. v. City of Eugene, 141 Or App 249, 254, 918 P2d 116
(1996).
Goal 2 _ Land Use Planning is: "To establish a land us'e plarmlng process and policy
framework as a basis for all decisions and actions related to use of land and to assure an
adequate factual base for decisions and actions." Specifically, local land use actions "shall be '
consistent with the comprehensive plans." Goal 2, Part L Furtper, the information upon
, which land use decisions are made "shall be contained in the plan document or supporting
documents." Goal I, Part I.
In this case, the applicant relies heavily on the acknowledged 2000 Springfield Commercial
Lands Study (SCLS), which does not address the entire Metro UGB area, and is not a
, rdinement plan of the Metro Plan. It is the 1992 Metropolitan Industrial Lands Study, that
does address the entire Metro UGS area, is part of the Metro Plan, and is reflected in the
Economic Element of the Plan. '
The proposed findings rely, on 'reports and other documents containing inventories,
assumptions, and data'that have not been established for the entire Metro UGB area, but rather
only for the Springfield portion of the UGS area. This material includes data Used to justify
findings of compliance with goal 9. Any decision relying on such findings would not comply
\vith Goal 2.
GoalS
,fI-'
Concerning' applicability of land inventories pursuant to Ordinance #6150 that
adopted t,1e Springfield Natural Resource Study, staffs position is that inventories
established pursuant to Goal 5 are relevant considerations in considering.availability
of commercial and industrial land. However, that analysis (applicant's Attachment
"An _ tables I 1-1,11-2 and 11-3) actUally show little or no impact on the commercial
lands inventory from GoalS protection measures, and provide little if any analyses of
land availability within the entire Metro UGS area, rather than just the Springtield
UGS area. Table \ 1-2, Analysis of Maximum Possible Impact on Supply of
Commercial Lands within the Springfield Urban Growth Boundary shows an impact
of 1\.56 acresonSpringtielq's (not the urban growth boundary area in it's entirety)
comrr.ercialland supply.
Metro Plan/East Main Ref:nemenl Plan, ZON 2007-D0012 - LRP 2007-D0013
<;-lnA
.'
2
G9AL ONE COALITION
Additionally, the analysis pursuant to Ordinance #6150 fails to account for lands ADDED TO '
the commercial inventory since 2000, including but not limited to the Gateway NfDR site's
100 acres, providing a skewed piCtl)re of the actual commercial land inventory.
To skew the 'picture even further, the analysis of mlLWnum possible unpact from Goal 5
protection measures on supply of industrial lands (Ordinance #6150, table 11-1) considers
ALL industrial lands wi~ the entire Metro VGB area, rather than just the Springfieldportion
of the VGB, and does not provide a breakdown of number of industrially zoned acres in
Springfield vs. Eugene. The 2000 SCLS, however Crable 3-2) shows that the number of light
medium industrial (LMI) acres by plan desigmition in the Springfield UGB area is 198.77,
while the number of LMI acres within the Eugene VGS is sh6wnto be 1230.73. The
applicant fails to establish the relevancy of these tables, to the c\)rrent PAP A and zone change
proposal, considering that only about 16% of the Metro area ugb industrial land supply is
within the Springfield city limits. , ", '
~,:"..-.
Goal 9 _ Economic Development is: "To provide adequate ,opportunities throughout the
state for a variety of economic activities vital to the health; welfare, ofud prosperity of Oregon's
citizens."
The Staff Report's Goal 9 findings are based UpO? the 1992 Industrial Land Study andthe
2000 Commercial Land Study. Goal 2 requires, that information upon which hind use'
decisions are made be contained in the plan docum~'nt or supporting documents.
OAR' 660-015-0000(2), Part,! Planning establishes that city, county, state and federal agency
and special ,district plans ,and actions related to land ,use shall be consist,nt with the
comprehensive plans of cities and counties and regional plans adopted under ORS Chapter
268, ' ' .
Goal 9 .:.. 660-009-00 I 0 (4) establishes that for a post~acknowledgerrient plan amendment
under' OAR chapter 660, division I8, that changes the plan designation ofiand in excess
of (;;'0 'acres within an existing ,urban gro\vth boundary from an industrial use designation .,
to a non-industrial use designation, or an other employment,use designation to any other
use designation, a city or county must address all applicable planning requirements, and:
(emphasis add~d) , ,
(a) Demonstrate that the proposed amendment is consistent with its most recent economic
opportunities analysis and (emphasis added) the parts of its ackno~vledged
comprehensiv, pl:lO which :lddress the requirements of this division;
,
The applicant appears to rely heavily on inventory and policy statem~nts established by the
:WOO SCLS in eswblishing that the proposal is consistent with the Goal 9 rule. However, the
applicant's analysis of the' proposals' consist~ncy with comprehensive plan Economic
Element policies tound,in the Metropolitan General Plan, Chapter \II, B-1 - B-7 is insufficient
and does not address the most significant policies'that must be considered.
The proposal would decrease the City's campus industrial land inventory by yet another 5.24
acres, The :lpplicant has not justlfied the conversion of scarce,' shovel ready industrial land,
./
"'_.__ DI__/~od ~Iein Refinement Pian. Zml2007-00012 - LRP 2007-00013
C'1"n"
3 ,
GOAL ONE COAUTION
especially land designated and zoned light medium industrial inside the Metro UGB, even
though Metro Plan (comprehensive plan) Economic Element policy II 12 establishes that the
cities are to "discourage future Metropolitan l\fea General Plan amendments that would
change development ready industnallandS (sites defined as short - term in the metropolitan
Industrial Lands Special Study, 1991) to non-industrial designations." The applicant and staff
findings do noladdress how the loss of these 5.24 acres impacts the short-term supply ofLMI
~~~' ..' " . ,
The applicant makes the argument that theproposed plan amendment and zone change would'
have the effect of correcti.i1g existing non-conforming uses,on n #402. (map 17-02-32);
however, the 2000 SCLC, at Appendix C, "Sites with Plan/Zone Conflicts" does not include
the'Subject property. It appears that the'existing.nonconforrning uses were actually established
AFTER adoption of the 2000 SCLS; indicating that the ~xisting uses were actuallniermitted
by the City with the knowledge that these uses would create plan/zone conflicts.
ill addressing applicability of the Springfield Cornrfiercial Lands Study (2000 SCLS), the
applicant appears to try to separate the Metro Area by jurisdictional boundary. However,
Eugenea.nd Springfield have a shared and adopted UGB, Comprehc:nsive Plan, and Industrial
Lands study. The jurisdictionally focused SCLS,does not analyze supply arid demand for the
entire Metro UGB area and cannot be relied upon on it's own to establish consistency with,the
.requirements of OAR 660-009-00 I 0 (4), which establishes that the proposed PAPA be
consistent with hoth (emphasis added) the mostrecent economic opportunities analysis (i,e.
the 2000 SCLS) and the comprehensive plan,
A related problem with placing such heavy reliance on the 2000 SCLS to establish Goal 9
compliance is that in analyzing supply and demand, the study fails to consider or otherwise
account for lands added to the commercial inventory via applicant initiated and city approved
zone' changes and plan amendments. One very obvious example of an ad'dition to the '
Springfield commercial lands inventorj was the 2003 plan amendment and zone change (LRP
2003-0013 and ZON 2003-00 (9) at the 100-acre Gateway Medium Density Residential site
that had l",e effect of rezoning and redesignating 100 acres of residential land to commercial.
The applicant provides a spreadsheet (their Attachment B) that supposedly accounts, for all
Metro Plan diagram changes affecting the supply ofresidehtial, commercial and industrial "
Lands in the city of Springfield between 1991 and the present, but has failed to account for or
othe~vise address the addition of cornrnerciall'and to the SCLS, even though it is clear that
more than lOO acres of commercial land has been added to the inventory since the year 2000.
This omission raises doubt as to the accuracy of applicant's Attachment B in supposedly
accountina for additions to and subtractions from the various land inventories.
. ~ . .
The appllcant also relies in part on inventories established in conjunction with adoption of
S'pringfield'~ Natural Resource (NRJ Study, by Ordinance 116150 on November 28, 2005,
While those inventories m:lY be relevant to this proposal in that possible. 'impacts' resulting
from Goal 5 protectiorl measures were cOrlsidered for all zoning classifications, the analysis of
ma,imum possible impact on supply of cOf[L'1lerciallands pursuant to the study is limited to
the area within the Springfield portiorl of the J'i[etro UGB (table 11-2). Again, because
Eugerle and Springfield share a UGB and a comprehensive plan. an analysis of the entire
UGB area is necessary to establish an' accurate picture of the supply of commercial lands.
~\etro Plan/Easl Main Refinement Plan, Z.OH 2007 -00012 - LRP 2007-D0013
5-110
4
.' i
GOAL ONE COAUTION
In any case, the NR Study found ~ that the maximum 'possible impact of Goal 5 protection
measures on the Springfield Commercial Lands Inventory would be the loss of 11.56
....corrunercial acres,"
LOSS OF INDUsTRlAL LAND ,
The proposed plan amendments and zone changes would remove 5.24 acres of shovel ready
light medium industrial land from the Metro UGB area industrial lands inventory. This is in
, "
addition to an additional 56 acre conversion of campus industrial to community commercial
land less than 2 miles away which is currently pending approval by the Springfield city
council. The applicant is vague about the purpose of the proposed plan amendment and zone
charige, noting that, with approval of the plan amendment and zone change, the uses could
include a possible future medical clinic, and the provision of family wage jobs. The applicant
has said nothing about the ,existence of theif other, 100 acre medical campus located within
about 5 rniles'of the subject properties proposed for plan and zone changes. Given'this fact,
the applicant has ~ot justified the removal of shovel ready light medium' industrial land for
commercial uses. This area within the Springfield city. limits is already inundated with
commercial zoning and commercial uses, and approval of this proposal would contribute even
further to over commercialization within the city of Springfield.
The applicant cites 4 of the 32 Economic Element policies pursuant to the comprehensive
plan (Metro Plan) (Chapter \II, Section B) of the Plan as relevant to the proposed PAPA.
The four Plm policies considered by the applicant as relevant to the supply of industrial land
are policies 1,2, 6, and II ' "
Policy I is to Demonstrate a positive interest in exi'sting and new industries,especially those
providing above 'yage job and salary levels, and increased variety of job opportunities, a rise
in the stlndard of living, and utilization of our existing comparative advantage in the level of
education and skill of the resident labor force. 'However, the 'applicarlt is not specific about
what uses will be cited should the proposal be approved; and there is no way to know if in fact
above wage jobs and salaries.
Policy 2 is to encourage economic develop~ent wtllchutilizes local ahd imported
capital, entrepreneurial skills, and the resident labor force. Again, there is no way to
establish'ifthe applicant will in fact utilize local and imported capital, skills etc. as no
commitment to a use has been established,
Policy 6 merely states: "Increase the amount of undeveloped land :O!led (emphasis added) for
light industrial and commercial uses correlating the effective supply in terms of suitability and
a~ailabiliry with the projections ofdernand." ,
This policv addresses zoning only, not plan designation, and concerns the necessity of having
adequate supplies of land of both commercial and industrial designations. It says nothing
concerning the applicability of favoring one plan designation over the other,
"'~,.~ Oho'Cod ~\,in 'P.efinement Plan, ZO~I fO~NJ0012 - LRP 2007 -D0013
5
GOAL ONE COAUTION
Policy II is to encourage economic activities which strengthen the metropolitan area's
position as a regional distribution, trade, health, and service center. The applicant
asserts that the amendment (sic) w1ll. facilitate the development of medical uses that
will'serve the needs of the growing residential areas in east, south and southeast
,Springfield, and strengthen the metropolitan area's position as a pre1Ilier locale for
healthcare services, consistent with this policy objecti ve. Considering that their 2003.
zone change and plan amendments were based on the assertions that provision of
, medical care pursuant to campus style medical facility development is the wave of the
future, and that the applicant already has established their dominance in the health care
market within the city limits, it has hard to fathom why they think another. 5.24 acres
,will somehow strengthen Springfield's position as a premier locale for healthcare '
services.
Th~ PAPA propos~ must be consistent with tJ:1e Economic Element of the Comprehensive
plan in it's entirety. ,~,"major omission found in the application and staff report is an analysis
'of all the Metro Plan Economic Element policies other than the four addressed by the
applicant. The remaining 28 policies should b~ addressed in some manner. More
specifically, the following policies are directly relevant to the inventory of industrial lands
throughout the Eugene_Springfield,Metro,UGB area. . '
5 -:- Provide existing industrial activities sufficient adjacent land for future expansion.
'This Plan provision is directly applicable because the subject properties are currently zoned
and designated to take advantage oflight medium industrial designation and zoning. 'This
proposal to eliminate more industrial zoning adjacent to ex.isting and developed industrial
zoning, plan designation, and uses is dearly inconsistent with the Metro Plan Economic
element, and if approved would have the effect oflirniting future growth and expansion of the
existing campus industrial uses.
7 _ Encourage industrial park development, including areas for warehousing and distributive
industries and research and developm.ent activities.
Economic Element of the Metro Plan, Finding #17 establishes: "Special light industrial firms" .
"have varied site location requirements, prefer alternative sites to choose from, and usuaily .
benefit from location of other special light industrial firms within the community and within
the same industrial developmenl." The subject site is located adjacent to an existing light
medium industrial site.
9 _ Encourage the expansion of e;,isting and the location of new manufacturing activities
which are characterized by low levels of pollution and efficient energy use.
Staffhas not discussed efforts to attract and/or encourage expansion of manufacturing
activities that could be sited on campus industrial zoned and designated lands. The only
reference to this issue from staff is that there hasn't been much interest in the site from the
industrial development sector,
15 _ Encourage'compatibiliry between ~ldustrially zoned lands and adjacent areJS in local
planiUng program.
Metro Plan/East Main Refinement Plan. ZO~I 2007.()0012 - LRP 2007 .()0013
5~112
6
GOAL ONE COAUTION
Neighbors have expressed no concern about their quality oflife from existing industrial uses.
The applicant has not addressed why or how the existing light medium industrial zoning and
plan designation is incompatible with the adjacent neighborhood zoning and plan designation.
16 _ Utilize processes and local controls which encourage retention oflarge parcels or
consolidation of small parcels of industrially or commercially zoned land to facilitate their use
or reuse in a comprehensive rather than piecemeal fashion.
The subject properties are adjacent to a large parcel which is zoned and designated LtvG. Staff
is directed by this policy'to encourage retention of this parcel of industrially zoned and
designated land, which is one of the few remaining parcels ofLMlland within the Springiield
city limits.
21 ..: Reserve several areas within the UGS for large scale, campus type, light manufacturing
uses.
"
Staffhas failed to address the impact that this proposal will have 0[1 the dwindling supply,of
. shovel ready industrial land inside the Springfield city limits., includiJ~lg prior actions
approving land use code amendments to the campus indU;5trial zone that established more
'flexibility' for what uses are allowed in the city's campus industrial zones.
28 _ Recognize the vital role of neighborhood commercial facilities in providing services and
goods to a particular neighborhood.
. This PAPA proposal requests community commercial plan designation and zoning yet has not
considered or otherwise addressed the applicability of neighborhood commercial zoning vs.
the requested community commercial zoning.
Staff and applicant have not addressed the applicability of community commercial zoning
within a node, or explained why neighborhood commercial zoning is being ignored for higher
intensity uses in this existing neighborhood.
All the Metro Plan Economic Element policies are applicable to this application, and should
have been addressed by the applicant.
III. 'Conclusion
The proposed plan amendment is not logical and harmonious with the land use pattern for
the greater area. The proposed change is not "logical and harmonious" because it is not
cOt)sistent with the development pattern envisioned in the Metro Plan.
As explained above, the proposed amendment is inconsistent with the intent of the Economic
Element of the Metro Plan, and does not comply with Metro Plan policies. Therefore it cannot
be found to be compatible with these Plans.
Compliance with statewide planning goals, including goals 2, 6. 9, 10, ll, and \3, has not
been established. In particular, it has not been established that the Eugene-Springfield Metro
UGS area's supply of campus ~,dustrialland will be protected pursuant to the PAPA and zone
change proposal.
'..10'," OlonIF"t Main Refinement Plan. ZON 2007-00012 - LRP 2007-00013
. c .110
7
GOALONECOAUT10N
The requested plan amendment does not comply with policies of the Metro Plan and
~letropolitan Industrial LandsSpecial Study. , '
The requested plan amendment and zone change does not benefit the public and are not
appropriate.
".
Goal One and other parties whose addresses appear in the first paragraph of this letter request
notice and a copy of any decision and 6.ndingsregarding this matter. .
Respectfully submitted,
Lauri Segel
, Community Planner
;.
\'
Metro Plan/Easllvlain P.efinement Plan, LON 2007-00012 - LRP 2007-00013
:;-114
8
m PeaceHealth
June \3,2007
Springfield P'lanning Commission
Attn:David Reesor, Planner
City of Springfield
Development Services Department
225 Fifth Street
Springfield, OR 97477
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Re:, ZON 2007-00012, LRP 2007-00013 - Plan Amendment/Zone Change
Dear Chaim1anCross and Commissioners,
The Commission considered the above-referenced applications onJune 5 ata duly
noticed work session and public hearing. The following rebuts written testimony
submitted by Lauri Segel of the Goal One Coalition at the close ofthe extended record
yesterday: .
Ms. Segel suggests that the applications do not comply with statewide
planning Goal 9 (Economic Developm:ent) .:.. and by extension with Goal 2
(Land Use Planning) - because the 2000 Springfield Commercial Lands
Study (SCLS) "does not address the entire Metro UGB area, and is not a
refinement plan of the Metro Plan." (pg.2;June 12,2007 Segel letter)
She further states that "Eugene and Springfield haYe'a shared and adopted
UGB, Comprehensive Plan, and lndustrial Lands study. The
jurisdictionally focused SCLS does not analyze supply and demand for the
entire Metro UGB area and cannot be relied upon on it's [ sic] own to
establish consistency with the requireme;"ts of OAR 660-009,0010 (4),
which establishes th8,t the proposed P ~A [Plan amendment] be
consistent.with both (emphasis 'added) tHe most recent econo~ic..
opportunities analysis (i.e., the 2000 SCLS) and the comprehensive plan."
(pg. 4; Segel letter)
Aoolicanr': R,esoonse' The scts was developed by the City and ad,opted by the
Springfield City Council (Resolution No. 00-13 ,and included in the end pages of the
SCLS) to comply with Goal 9 and applicable OARs pursuant to periodic review
requirements established by the Oregon Land Conservation and Dev,etopment
Commission. Prior to the SCLS, the City of Eugene had an acknowledged plan for
complying with Goal 9, the 1992 Eugene Corrunercial Lands Study (ECLS). The ECLS
states: "The study includes solely the Eugene portion of the metropolitan urban growth
boundary," (pg. 1-3, ECLS)
Phone:. (541) 686-3660
F::\.l.: (5<1.\)"686-J699
PO Box"1<l7Q E.uoene OR9TJ.J.O-1J.,9
Dedicated ro'Excepriorral /v/edicine
al1dCompassiol1ure Care
'_11 ,
Re: ZON 2Q.07-00012, LRP 20Ui-000l3 - Plan Amendment/Zone Change
Applicant's Rebuttal
June I J 2007
Page 2
Although there is in fact an ackno\vledged study covering both communities' industrial
lands (the 1993.Mi:tropolitan Industrial Lands Policy Report, and companion Inventory
Report), the cities of Eugene and Springfieldhave separately adopted and acknowledged
commercial lands studies fulftlling the requirements of Goal 9. As such, the SCLS serves
as the City of Springfield's "most recent economic opportunities analysis," :is Ms., Segel
notes above by her own admission. The SCLS also complies with Metro Plan PolIcy 31
which called for the City to conduct a commercial lands study, and fulfills the City's
_ Goal 9 requirements pursuant to the periodic review work order, now accepted as '
'complete by DLCD. There is no requirement that the Applicant or the City perforrn a
metro-wide analysis of commercial lands in order to adopt findings satisfying compliance
with Metro Plan policies and Goal 9.
,.
Ms. Segel states that the analysis provided does not account for additions
to the inventory of commercial lands, notably"the Gatew,\y MDR si\e's
100 acres." lPg. 4, Segel letter) -'
Aoo\icant's Resoonse:. The City previously adopted amendments to the Gateway
Refinement Plan (10. No. 2002-08-244), including GRP Implementation Action 12.1,
which limited redesignation and rezoning of up to 99 acres of residentiai land within the
Gateway lvillR site. Subsequent Plan diagram amen<iments and zone changes of 96.2
acres and 3.5 acres resulted in redesignationJrezoning of96.2 acres to Mixed Use
Comnlercial or Medical Services ofthe possible 99 acres available under the GRP.
Considering that the SCLS identified a deficit of 158 acres in the supply of commercial
land over demand, accounting for this additional redesignated/rezoned land, this would
still result in a deficit of more than 61 acres of needed commercial land. Approving the
requested Plan amendmentJzone change would still leave a deficit of approximately 55
acres of needed commercial land.
The supplemental information submitted into the record by the Applicant included the
City's analysis of impacts 10 the commercial lands inventory pursuant to the City:s
acknowledged compliance with Goal 5 penodic review requirements. Table 11-2 of this
analysis (see pg. 3-25 in the Commission's June 4,'2007 hearing packet) identifies that as
a consequence of the City's Goal 5 protection measures that approximately 11.5 acres
would be removed from the inventory of needed commercial lands, tbus further adding to
the commercial lands deficit established in the SCLS,
Therefore, even considering impacts to commercial lands inventories from other adopted
and acknowle~ged pbns (i,e., the City's plan for Goal 5 compliance) and acknowledged
. Plan amendments/zone changes, approval of the proposal will not resultin there being an
excess of needed commercially zoned and designated land. To the contrary, this analysis
demonstrates that there will remain a deficit of approximately 66 acres after approval of
the requested redesignationlrezoning, '
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Re: ZON Zi)07 -000 i2, LRP 2007 -000 \3 - Pian Amendment/Zone Change
Applicant's Rebun.!
June \3,2007
Page 3
Ms. Segel states that the application relies'''heavily on inventory and
policy statements established bX the 2000SCLS in establishing that the
proposal is consistent with the Goal 9 rule. However, the applicant:s
analysis of the proposals' consistency with comprehensive plan Economic
Elerrientpolicies found in the Metropolitan General Plan, Chapter III, B-1
_ B-7 is lnsufficient and does not address the most significant policies that
must be considered." (pg. 3, Segel letter) ,
She further alleges that the application hasn't "justified the conversion of
scarce, shovel ready industrial land, especially land designated and zoned
light medium industrial inside the Metro UGB, even though the Metro
Plan (comprehensive plan) Economic Element policy #12 establishes that
the cities are to 'discourage future ty[etropolitan Area General Plan
amendments that would change development ready industJialiands (sites'
defined as short~term in the metropolitan,Industrial Lands"Special Study,
1991) to non-industrial designations'The applicant and staff findings do
not address how the loss of these 5.24 ~cres impacts the short-term supply
ofLM1 designated l1md." ,
Aoolicant', Resoonse' The Applicant's originaLMarch ]5,2007 submittal included
findings addressing relevant Metro Plan policies(see pg, 5 of the submittal, pg. 4~5 of the
Commission's June 4, 200ihearing packet). Clearly not all of the 32 MetroPlan
Economic Element policies are relevant to the proposal. Many are aspirational in nature
and not directive to a specific quasi-judicial application, for examplePolicy 28: '
"Recognize the vital role of neighborhood commercial facilities in pr,oviding services and
goods to a particular neighborhood." (pg. lll-B-6, Metro Plan) Others are directed to
actions.that the public sector jurisdictions are to undertake, such as Policy 31, which
Springfield did in conducting in the SCLS:"Conduct a Commercial Lands Study prior to
the next major plan update." (pg. lll-B-T, ibid) Nonetheless, to demonstrate that all
policies were considered irrespective of their applicability, the Applicant will provide
supplemental findings and enter them into the record prior to the City Council hearing on
these applications. However, this does not suggest that the Applicant's findings are
presently inadequate or that the Metro Plan policies cited are not on point.
Ms. Segel's citation of Economic Element Policy 12 ignores the fact that the subjectsite
was not included among the sites "defined as short-term in the metropolitan industrial
Lands Special Swdy, 199\)," The adopted and acknowledged Metropolitan Industrial
Lands Policy and Inventory Reports identify the sllbject site as being included in
"Subregion;l8 _ East Springfield." Maps and tabular information in these reports (pp.
42-44, tables pp, 18-26; 1993M1L Policy Report) do not identify the subject sIte among
the "short-term sites" in the i'ndustriallands study, presumably because both were '
considered developed. The abutting property npw developed with tl1e Hyland Business
Park was, however, identified in the study as site #7 in thiS subregion, While the Hyland
property was.included in tl1e matrix of "short-term sites," it was also identified as being a
"developed" site. The MIL Policy Report states that "sites developed during the study
C ii,
Re: ZON 2g07~000 12, LRP2vv' -000 13 - Plan Amendment/Zone Change
Appllcant's Rebuttal
June \ ] 2007
Page 4
were, not included in the short-term supply of sites. Staff projected a five year need for
industrial sites based on development trends in Eugene,Springfield during the'previous ,
two year period, a time of economic growth. This short term demand was compared to
the existing supply of sites, excluding those already d.ev.eloped. [emphasis in original
report]" (pp. 15,16) Therefore, the subject site was not included in the inventory of
short-term industrial sites in the industrial lands study casting doubt on the applicability
of-Metro Plan Economic Element Policy 12. '
Even if Policy 12 were relevant, its language is clearly not prohibitive to approval of an
application for redesignation/rezoningof an industrial ~ite, particularly when considering
it in the context of industrial and commercial land inventories. As stated above and
established in the record, there is a demonstrated need for additional commercial iand
,. . 1
which the proposal helps address. . -'
'The record also includes evidence demonstrating that there is a surplus of needed
industrial land. The acknowledged metro industrial lands study identified a surplus of
buildable light medium industrial acreage, and overalI industrial acreage, in Eugene,
Springfield, and combLned in the f\1etro UGB. Table 5 in the MIL Inventory Report (pg.,
47) identifies supplies of buildable industrial land as follows:
Eugene
Springfield
Metro UGB
LM! Acres
1,230.78
]98.77
1,429.55
Total Industnal Acres
2,895.49
708.80
3,604.29
The report further states that the study "identifies about 1,688 constraint-free industrial
acres,__ This supply' exceeds the projected demand over the next twenty years, which is
between 650 to 1,172 acres." (pg. 73, MIL Inventory Report)
As noted in the City's'Goal 5 analysiseutered into the record, the maximum impact of
industrial acreage [rom Goal 5 protection measures iilSprrngfield is 54.43 acres (Table
11.3, pg. 3-25 ofthe Commission's June 4 hearing packet). The analysis also found that
there were 90.80 acres removed from the industrial designation by prior Plan
amendments in Springfield. Therefore, even if ill or"the industrial acreage impacted by
Goal 5 and all of the acreage redesignated in Springfield were [rom the LM! designation
_ which is no doubt not the case - there would still be a surplus of nearly 50 acres of LM!
designated land even after approval of the reques.ted Plan amendment. This does not
accOlint for the 11.5 acres of land added to the inventory ofLM! zoned and designated
land referenced in my March 28, 2007 supplemental information,
.. ..
Therefore, the remov'al of 5,24 acres of LM! zoned and designated land will not result in
a deficit of needed land in that industrial designation.
Moreover, although Economic Element Policy 12 "discourages" Plan amendments for
certain industrial lands, there are countervailing policies in the Metro Plan (i.e.,
S-11R
Re: ZON 2'007-00012, LRP 2007-00013 - Plan AmendmentlZO<le Change
Applicant's Rebuttal
June I] 2007
Page 5'
. .
Economic El~ment Policy 6) and SCLS (i.e., Policies I-A and l,-C) that are directive to
providing an adequate supply of needed corrunerciallands, The Metro Plan recognizes
such conflicts: "The respective jurisdictions recognize that there are apparent conflicts
and inconsistencies between and among some goals, objectives, and policies. Wben
making decisions based on the Plan, not all the goals, objectives, and policies can be met
to the same degree.in ~very instance. Use of the Plan requires a 'balancin'g' of its various
components on a case-by-case basis, as well, as a selection of those goals, objectives, and
policies most pertinent to toe issue at hand." (pg.I-4, Metro Plan) T!Je Applicant
contends that findings and evidence in the recordJrom adopted and a~knowledged
sources demonstrate that approval of the requested redesignation/rezoning is consistent
with applicable policies and fulfills the City's employment-generating objectives and
requirements under Goal 9. ,"
Ms. Segel's letter states that "the applicant is not specific.~bout what uses
will be cited should the proposal be approved, and there is no:way to know
ifin ~act [sic] above wage jobs and salari~s." lPg.5, Segel letter)
. She also st~tes that while "the applicant argues that the proposal would
have the effect of correcting existing non-conforming uses on: TL #402"
that the property is not included in the "Sites with plan/Zone Conflicts" in
the SCLS, She goes on to state that "it appears that the existing
nonconfom1ing uses were actually established AFTER adoption of the
2000 SCLS, indicating that the existing uses were actually permitted.by'
the City with 'the knowledge that these uses would create plan/zone
conflicts," (pg. 4, Segel letter)
Aoolicant's Resnons~ The Applicant does not ~'llege that there is a Plan/zone conflict on
Tax Lot 402; clearly the existing Plan designations and zoning are LMI. .Rather, the
point made in our application narrati ve is that commercial uses have existed fordecades,
pre-existing the establishment of the Metro Plan and the applicationofthe LMI
designation on the subject properties, Ms. Segel provides no evidence to bac,k up her
accusation that the City wittingly allowed conmierciiil uses on Tax Lot 402 after adoption
of the SCLS. The Applicant and owner of Tax Lot 402 will provi'de additional evidence
and testimony at the City Council hearing on !LIly 2 which will furth.er demonstrate
factually that commercial uses and employment have been in the building on Tax Lot 402
for nearly 50 years, .
Ms. Segel's assertion that the application was unspecific as to the future uses on Tax Lot
400 is inaccurate, The application narrative clearly states the intended purpose of the
redesignation/rezoning is to allow for a future medical clinic on Tax Lot 400 and to allow
the long-standing commercial operations on Tax Lot 402 to continu'e (pg. 2, pg. 4-2 in the
Commission's June 4 hearing packet), Such clinical uses are not permitted in any
industrial zoning district, thus prompting the need to rezone (and redesignate) Tax Lot
400 to allow a medical clinic, Average wages and benefits for medical ,yorkers tends to
I"" ....."
Re: ZON 2007-00012, LRP 2007-000\3 -Plan AmendmentlZone, Change
Applicant's Rebuttal
June I], 2007
Page 6
~
, be high'er 'than average local wages, and further substantiating data can be entered into the
record at the City Council level.
Ms. Segel contends that the proposal is not "logical and harmonious" with
" land use patterns in the greater area, inconsistent with the intent of the
Economic Element of the MetroPlari, doesn't comply with Metro Plan
policies, and hasn't demonstrated compliance with statewide planning
go~ls 2, 6, 9,10,12, and 13. "In particular, it has not been established that
the Eugene-Springfield m'etro area's supply of campus industrial land will
be protected pursuant to the PAP A and zone change proposal."
. . ' .
. .,
Aoolicant'sResDonse:. It should first b'e noted that the application does not involve or in
. any way affect the "metro area's supply of campus industrial land.." Moreover: the
application has no effect upon Goal 10 (Housing), and has elsewhere demonstrated
compliance with GoaL 12 and other applicable statewide planning goals. MY guess is that
Ms. Segel and Nancy Falk, who appeared at theJune4 hearing and requested the written
record be \eft open for a week, both vigorously oppose the Plan amendment/zone change
proposed for theMarcola Meadows'project, and are borrowing arguments to also object
to this modest request before the City.
The contention that the proposal would not result in a "logical and harmonious" land use
pattern is without substance or basis in fact, and is not an approval criterion. As noted
above and elsewhere in the record, this proposal is consistent with policies and provisions
in the Metro Plan, its Economic Element, SUpportil1.g refinement plans (i.e., the SCLS and
MILS) to the Metro Plan, and Goal 9 and other applicable statewide planning goals.
On the basis of the record and arguments before you, we mge you to support the Staff
recommendation and forwo.rd to the City Council your recommendation approving the .
pending applications.
rc:; .
Philip Farringt n,.-\ICP
Director, Land Use Planning & Development
PeaceHealth Oregon Region
cc: Jim Werfelmann
Andrew-Head
Shaun Hyland
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