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HomeMy WebLinkAboutOrdinance 5708 08/16/1993 ../" . ORDINANCE NO. 5708 AN ORDINANCE AMENDING THE GATEWAY REFINEMENT PLAN DIAGRAM TO REDESIGNATE A PORTION OF TAX LOT 2600, ASSESSOR'S MAP 17-03-22, FROM MEDIUM DENSITY RESIDENTIAL TO COMMUNITY COMMERCIAL, GLENN M. KOTARA, APPLICANT (JO. NO. 93-06-87) AND DECLARING AN EMERGENCY WHEREAS, Glenn M. Kotara initiated a request (Jo. No. 93-06-87) to amend the Gateway Refinement Plan to redesignate a portion of Tax Lot 2600, Assessor's Map 17-03-22, from Medium Density Residential to Community Commercial; and, WHEREAS, on August 4, 1993, the Springfield Planning Commission held a public hearing on this refinement plan amendment request. The Springfield Planning Commission voted 4 in favor, none opposed, to recommend approval of this amendment to the City Council; and, WHEREAS, findings in support of adoption of this amendment to the Gateway Refinement Plan diagram are set forth in the staff report and the recommendation to the Council (Jo. No. 93-06-87) incorporated herein by reference; and, WHEREAS, based on the adopted findings, the Ci ty Council concludes that the amendment to the Gateway Refinement Plan is consistent wi th the cri teria of approval as set forth in the staff report and the recommendation to the Council by the Springfield Planning Commission (Jo. No. 93-06-87) incorporated herein by reference. . NOW, THEREFORE, THE CITY COUNCIL DOES ORDAIN AS FOLLOWS: The Gateway Refinement Plan diagram land use designation of the property is amended from Medium Densi ty Residential to Communi ty Commercial as depicted in Exhibit "A" attached and incorporated herein. Section 1. In support of this Ordinance, the City Council adopts the findings set forth in Exhi bi t "A" attached and incorporated herein. Section 2. Notice of the public hearings before the Planning Commission and City Council were published in a local newspaper of general circulation in conformance with the provisions of the Springfield Development Code Section 14.030. ADOPTED by the Common Council of the City of Springfield this Auqust , 1993, by a vote of 6 in favor and 0 against. 16th day of APPROVED by the Mayor of the City of Springfield this 1993. day Of~ lY~~ / ~~ Mayor ~._. /7 ATTEST: ~~- . Ci ty Recorder ~~':'!( ;,:t~!~D 1'1 1\ ~,'3lpn,~ '~'''II, lf~k.'lf~_V\ll.:... m Yi~ rM-ll~I'Ji.:.~J A:SO FORM ~'" ~GL\~~ ~ L~~~ Lt '-e. &.. ".. M3 ,,'. ~..- ~~~..~ OFFiCE OF errv A TORNIEY CIP! OF S?;.1[NGFiELD . . . ATTACHMENT 1 REFINEMENT PLAN AMENDMENT STAFF REPORT AND FINDINGS APPLICANT Glenn M. Kotara - Jo. No. 93-06-87 REQUEST Amend the Gateway Refinement Plan designation on a portion of tax lot 2600 from Medium Densi ty Residential to Communi ty Commercial. The total area involved is 1. 5 acres. SPRINGFIELD DEVELOPMENT CODE CRITERIA At Section 8.030 of the SDC, the Planning Commission and City Council are required to adopt findings which demonstrate conformance to the following: (1) The Metro Plan; The Metro Plan diagram is not intended to distinguish land use designations less than 5 acres in size. The Ci ty of Springfield has interpreted this limitation in scale to be a prohibition against individual plan amendments that would result in the creation or isolation of property less than 5 acres and which carry a plan designation and zoning in conflict with the Plan diagram. Although the proposed action would reduce the area of MDR zoning on this property to less than 5 acres, the adjoining property on the west is designated and zoned MDR and is in excess of 50 acres. Likewise, the addition of 1.5 acres of CC would be merged into a 10+ acre area of CC zoning. The Gateway Refinement Plan amended the Metro Plan for this:' area by removing the HDR designation and replacing it wi th CC and MDR. This process involved the application of Metro Plan policy and incorporation of solutions to issues identified during the citizen involvement process (for further discussion of this criteria see page 1 of this report and pages 2,3, and 4 of the application). (2) Applicable State statutes. This action seeks an amendment to a refinement plan diagram. No changes to plan text or challenge to plan goals or policies is sought. ORS 197.175(2)(a) requires cities to "Prepare, adopt, amend and revise comprehensive plans in compliance with goals approved by the commission." This amendment requires public hearings before the planning commission and ci ty council and requires findings of fact to support the final decision. The Metro Plan and the Gateway Refinement Plan have received acknowledgment and post-acknowledgment approvals from the state (see also page 5 of the application). .' . . I I MEMORANDUM I I" CITY OF SPRINGFIELD July 14, 1993 TO: I FROJ I I I SUBJECT: ! I I ISSUE ! Thi~ request involves 1.5 acres of land ~est of Pheasant Boulevard and north of the fOrIlier Safe~ay store on Harlo~ Road. The request seeks to amend the Gate~ay Refinement Plan diagram for the southern 113 feet of that portion of Tax Lot 2600 that is designated MDR, to CC, along with a concurrent rezoning of the same nature. Theiremaining 3.5 acres of Tax Lot 2600 would retain MDR zoning and would provide rignt-of-~ay area for the extension of Oakdale Street. t DISCUSSION Thel portion of Tax Lot 2600 that is zoned MDR is 375 feet from north to south and 536i feet east to ~est. This property was the subject of a Planning Commission rezoning on September 5, 1990. At that hearing the Planning Commission rezoned thi~ southern portion of Tax Lot 2600 from CC to High Density Residential (HDR) and the; remainder of the lot from Lo~ Densi ty Residential (LDR) to HDR. During the ensjuing adoption of the Gateway Refinement Plan the northern 5 acres of Tax Lot 2600 ~as again rezoned, this time to MDR. In addition to the new zoning classification, this property ~as obligated for the extension of Oakdale Street to Ph~asant Boulevard in a design characterized as a "sweeping radius curve". This obligation was the result of significant neighborhood discussion concerning the future development of the property, and how best to mitigate the impacts of more pe6ple and more traffic. The new property o~ner is seeking a return of the co~mercial zoning that stood on the southern portion of this property prior to 1990. I RECOMMENDATION I Th~ Planning Commission must consider several factors before making a re~ommendation to the Council on this request. Most importantly, can an approval, wh~ch is what the property o~ner ~ants, be reconciled with recently adopted refinement plan policy, which is ~hat the neighborhood wants. If Oakdale is ex1tended as a s~eeping radius curve: ~il1 there be sufficient MDR area on both siaes of this road to allow or expect residential development. If not, ~hat kind ofl adjustment to this design ~ould be necessary to address neighborhood concerns wiithout consigning this property to a future of more equivocal speculation. I I Springfield Planning Commissio'n Gregory Mott, Planning Manager Refinement plan amendment and zone change request for a portion of Tax Lot 2600, Assessor's Map 17-03-22 from Medium Density Residential (MDR) to Communi ty Commercial (CC) , - Glenn M. I<:.otara, 'applicant (Jo. No. 93-06-87 and 93-06-88) ZONE CHANGE REQUEST . STAFF REPORT AND FINDINGS . APPLICANT Glenl M. Kotara - Jo. No. 93-06-88 I REQUEST I A ch~nge in zone from Medium Density Residential to Community Commercial for the follbwing property: I Assessor's Map 17-03-22-00, Tax Lot 2600 (a portion of) ThiS! property is located north of Harlow Road and west of Pheasant Boulevard. BAciGROUND The ISUbject property is the southern 113 feet of the portion of tax lot 2600 that is zoned MDR (5 acres total). The total area affected by this request is 1.50 acr~s. The entire lot is a vacant, flat site directly north of the former Safeway Sto~e on Harlow Road. A single family development lies to the north of this property (261 feet from the proposed rezoning), a mul ti-family subdivision (MDR zon~ng) lies directly west, the property on the east is vacant and zoned CC and the proderty on the south is zoned CC and occupied by the old Safeway Store. I SPRINGFIELD DEVELOPMENT CODE CRITERIA I Seciion 12.030 of the Springfield Development Code establishes criteria which must be ~pplied to the review and decision of a zone change proposal. In reaching a dec~sion on these actions, the Planning Commission shall adopt findings which dem0nstrate that the following criteria have been addressed in all cases: I ' 1. ! CQnsistency with the Metro Plan Text and Diagram and with applicable Refinement Plan Text. The Gateway Refinement Plan was adopted on November 9, 1992 and is intended to provide more specific application of Metro Plan policies and si te-specific determina tion of Metro Plan land use designations. In as much as both the text and diagram of the Metro Plan were so recently applied to this si te, those applicable policies from the refinement plan should prevail under this cri teria. i Res~dential Element Policies 11.0 Recognize that the vacant 5-acre site (the northerly 5 acres of Assessor's Map 17-03-22, tax lot # 2600) on Pheasant Boulevard, north of Harlow Road, has limited capability for development at HDR densities and tha tit is more sui table for MDR development Protec t LDR uses to the north from potential negative ,impacts resulting from such MDR development. . "'~': "'.l'~;,~r~:'~'j!' ( ," 1\,'- ~~, ,~,'i; -; ~ It\~: ':~~~\~. purpose of this policy is to slow down traffic. If the planning commission is not convinced that the proposal will accomplish this resul t, addi t ional curvature or . othet design features (narrower street " traffic control devices, etc.) must be ~ incotporated into a decision of approval. The planning commission should note that addi~lonal curvature of Oakdale to t~e south will result in inadequate MDR deve[opment area, thereby raising serious questions about the consequences of this I . rezonIng. 2. Tha t a mlnlmum level of key urban services can be provided to the property prior to or in conjunction with development; and All urban services are provided adjacent to or within the site. Development of these properties i~subject to site plan review approval. 3. Conflicts involving site specific natu~al resources and/or hazards as identified in the Metro Plan have been satisfactorily resolved. This general area does not appear on the Metro Plan inventory of hydric and/or expansive soils, on the City's recent wetlands inventory, or in the Metropoli tan Area Natural Resources Special Study inventory. This si te was not included in the Natural Assets, Open Space/Scenic Areas, and Recreation Element of the Gateway Refinement Plan. 4. Conflicts with neighboring land uses have been satisfactorily resolved or can be resolved by using the Site Plan Review process in accordance with Article 31 of this Code. . Conflict resolution with neighboring land uses and property owners resulted in the refinement plan policies ci tedunder criteria U of this report. The applicant has proposed a street design that will allow residential development to occur on both sides of Oak dale thereby maintaining sufficient buffering between the single family development on the north and the expanded area of commercial land sought by the applicant. The ability of the proposed street design to keep traffic speeds slow should not be left ,to sit~ plan review: that is to late in the approval process. , CONCLUSION AND RECOMMENDATION I '.' The proposal to rezone this property to Community Commercial relies upon a fu~damental premise: a 'street design that both reduces traffic speed and allows sUEficient land area on both sides of the street to enable residential development t%ccur. To be sure, other criteria must be addressed and the applicant has done so (see f~ll application). But to send this request to the Ci ty Council wi th a recommendation of approval, the planning commission must be, satisfied that the putpose and intent of the applicable refinement plan policies will be implemented bylthis proposal. ' ' . . . . BEFORE THE PLANNING COMMISSION OF THE CITY OF SPRINGFIELD, OREGON REQUEST FOR AMENDMENT TO THE GATEVAY REFINEMENT PLAN DIAGRAM ) ) ) JOURNAL NUMBER 93-0-87 FINDINGS, CONCLUSION AND RECOMMENDATION NATURE GF THE APPLICATION I A request to amend the Gateway Refinement plan diagram for property located west of Phea1sant Street and north of Harlow Road, from Medium Densi ty Residential (MDR) tb Community Commercial (CC). I ' RELEVAN1r FACTS, CRITERIA AND FINDINGS 1. on/ June 4, 1993, the following application for Gateway Refinement Plan diagram amendment was initiated: G~enn M. Kotara (Jo. No. 92-09-177) 2. ITJe application "las initiated and submitted in accordance with Article 8 'ADOPTION OF AMENDMENT OF REFINEMENT PLAN TEXT, REFINEMENT PLAN DIAGRAMS AND DEVELOPMENT CODE TEXT of the Springfield Development Code. Timely and sJfficient notice of the public hearing, pursuant to Section 14.030 of the Springfield Development Code has been provided. O~ August 4, 1993, a public hearing was conducted by the Springfield Planning Commission. The Springfield Planning Department staff notes and r~commendation together with the testimony and submittals of persons t~stifying at that hearing have been considered and are a part of the record of this proceeding. . I CONCLU:SION On thJ basis of this record, the Gateway Refinement Plan diagram amendment is consi~tent with the applicable criteria set forth in Section 8.030(1-3) of the Sprin~field Development Code. This general finding is supported by the specific findi~gs of fact and conclusions set out in the attached findings of fact adopted AUgUSi 4, 1993, and attached hereto. ORDEE I~ hereby RECOMMENDED by the Springfield Planning Commission that Journal Number 93-06-87, Glenn M. Kotara, Gateway Refinement Plan Diagram Amendment, be I approved. I 3. / '" . BEFORE THE PLANNING COMMISSION OF THE CITY OF SPRINGFIELD, OREGON REQUEST FOR ~ONE CHANGE FROM ] MEDIUM DENSITY RESIDENTIAL ] TO COMMUNITY COMMERCIAL ] JO. NO. 93-06-88 FINDINGS, CONCLUSION AND FINAL ORDER NATURE OF THE APPLICATION REQUEST TO REZONE A PORTION OF TAX LOT 2600, ASSESSOR'S MAP 17-03-22, FROM MEDIUM DENSITY RESIDENTIAL (MDR) TO COMMm~ITY COMMERCIAL (CC). 1. On June 4, 1993, Glenn M. Kotara initiated a Zone Change Request for a portion of tax lot 2600 located west of Pheasant Street and north of Harlow Road, Jo. No. 93-06-88. The application was initiated and submitted in accordance with Section 3.050 of the Springfield Development Code. Timely and sufficient notice of the public hearing, pUl-suant to Section 14.030 of the Springfield Development Code, has been provided. 2. .~ J. On August 4, 1993, a public hearing on the zone change request was held. The Development Services Department staff notes and recommendation, together with the testimony and submittals of the persons testifying at that hearing, have been considered and are a part of the record of this proceeding. CONCLUSION On the basis of this record, the requested zone change application is consistent with the criteria of Section 12.030 of the Springfield Development Code. This general finding is supported by the specific findings of fact and conclusion in the attached Memorandum. ORDER It is ORDERED by the Planning Commission that the 113 feet of the southern portion of tax lot 2600, Assessor's Map 17-03-22 that is zoned MDR be rezoned from Medium Density Residential to Community Commercial and that Journal Number 93-06-88, Zone Change request, be APPROVED. . ,'-",",~,,:,- ... ,._...:..~ . - ,.... .~. ... . J OAKtJPLL /lVi:. f:~ ~ ~ /}, '. C; r ki2-""Zot0/ ~ CUK. VI:. D.:JTI/: (rDlr c.) ^' s,' S'S' .:Jz' E: S.3',8/' ~.' ~.' ~.' ".' ."t:J' vo' v,,' v,,' w' '/(J' vo' ... ZS' .. 2-1 Z:!> ;, Z1. ~ 21 20 I' ~ /8 ... 17 II. ... " .. ~ :: '", ~ },5Ac..._ ___ _.-'1- -- \ ~ealum=uenslty Area ~ .,' ~ .3 " ,,' ,r.. C-J". ~TDr(R~C 2S. .. Z30" .sTOAA~C /.60A"" ..,-..T"'L z," ,/ 25' . Z!>O' ,75' CLl:'TI"'~ LDN"" L/AlC 1" 215,00' 15so.trl so' If.,,',," Ya:" Ir~LS" ..vC. 16D1U3 ClltNfD .DeLTA "HG 50.11 =,70' . 20' . z..:y;' s~rorag$ Area .y,," ... 2.30" ST"",ACC T.~,.z'OO Gfenn M. Kotara I: &.0 . B,OAe. Shopping Center Area ~ .. ~ II '(JO fib" u: zs' zso' STDllII&C 2S' . 230' STO.-IICC 11' z..(/ .. ZJO' 5TtMlI&,.C zt' ..0 :Z30' STo~J;(;C \ \ \ ~ --ORKDRLE:..- - _ \ g..E, \ \ ~:~ I I I I \~ l- I ~ s I~ '~I~ '",~r-; ~~~~ ~", .'>) i, .'"" :::zit,... ~ .~~ .... ~ ... :~ ... - .... ::! ~ l,J, ,/" .. ,,"".4)' JS" ,$...1(',,,- LL." Z ." .e" T. IZ~.O.,. l... z.,....~" ""lfl' /7-D' - Zz u. IJ 1'1 ~ ~ ~~ () ~ ~ T*' .%'0/ '0 ~ ., S B9' 51' 25. IJ 5811 1.(.' v- " ( .,.]f) zt' (,.,...1 ~ ~.;) (/~O) f J ..souT'" LIWC .sTCVCNSDLC 'W- J.!A/tLOIJ Ro, '.".'~ ,,~.!~~.:'.:'~.~~.~:=:=-::: ::':..'~.: ::.:~..... ~..._.- ..-.... _.~. . ... ~. .., ..'.. ...... .. ..........-.- . '.' ..' ....... ATTACHMENT 2 . '. Gateway Refinement Plan Amendment & Zone Change Applications Harlow Road/Pheasant Boulevard Property Application Attachments . .. . 1. Schematic site configuration 2. Typical small-lot home, constructed by Glenn M. Kbstara Construction (Albany) 2. Albany Secure Storage, constructed by Glenn M. Kotara Construction . . . . ".'l" l('J"';':; ,. ,. 'V l,' .~I; units. The proposed reconfiguration also allows a desirable, medium-density lot' configuration on both sides of the extension of OakdaJe Street across this property. The extension of Oakdale Street is required under the Gateway Refinement Plan. The zoning and development of surrounding property is briefly summarized below: 1. Land west of the site is zoned MDR and developed with The Pointe condominiums and the Granada development. ,; 2. Land north of the side, adjacenJ to Brookdale, is zoned LDR and developed with single-family residences. 3. Land east of the site, across Pheasant Boulevard, is zoned community commercial. Tax Lot 2700 east of the subject property is vacant. Tax Lot 2800, located at the immediate northeast corner of Harlow Road and Pheasant Boulevard, is developed with a child care facility. . , 4. Land south of the site, across HarlowRoad, is zoned neighborhood com- mercial and MDR. Development south of the site includes apart-ments, a service station, and a restaurant. Approximately 2.93 acres of property south of Harlow Road and further to the east is also zoned community conimercial. B. Refinement Plan Amendment Criteria Section 8.030 of the Springfield Development Code indicates that the Planning Commission'and City Council should adopt findings addressing conformance with the following criteria: Section 8.030(1): {Confonnance with] the A/etro Plan. J the diagram of the Metropolitan Plan schematically indicates a community com- mercial node at the intersection of Harlow Road and Pheasant Boulevard. The plan diagram contains the following notation: "The Plan diagram is a graphic depiction of: (1) the broad allocation of projected land use needs in the metropolitan area; and (2) goals, objectives and policies embodied in the text of the plan. One cannot determine the exact designation of a particular parcel of land without consulting with the appro- priate jurisdiction. Local jurisdictions make more specific interpretations of the general diagram through refinement plans and zoning." ' It is particularly appropriate where the proposed change involves shifting a line 113.5 feet that the determination be made through the mechanism of a refinement Gateway Refinement Plan AmendJ1.lent & Zone Change Applications, Page 2 of 7 . . . ~"'"",',-n',~ 'il",;,'r ~ i ,I' ','.':') ','J ,'~:' .~)., .. were rezoned from RA to R-1 ih May, 1981. That designation was changed to HDR following adoption of the Metropolitan Plan in 1984. It was then converted to MDR with adoption of the Gateway Refinement Plan. , The text of the Gateway Refinement Plan contains the following'references to the five-acre portion of Tax Lot 2600: ' . , .' 'The 5-acre vacant site on Pheasant Boulevard north of Harlow Road (see GRP Tech. Supp:, Residential Element Map 4, Area 2), which is currently designated HDR in the Metro Plan, and is adjacent to single-family residential development to the north, and to CC-designated land to the south. It provides the only remaining vacant land available for HDR development in the Refine- ment Plan area. ' . "The planned Oakdale Street extension will cross this site, reducing its developable area by approximately 1 acre or more, and may split it into two smaller development areas. The resulting site size and configuration would probably render the site'difficult to develop at HDR densities, while providing adequate butfering and solar access protection for the single-family resi.dences to the north." [Draft Gateway Refinement Plan, page 14] . . . Policy 11.0 of the Transportation Element of the Gateway Refinement Plan [page .78 in the draft] also provides: "Extend Oakdale Street between Gateway and Pheasant using sweeping radiUs curve alignment." The owner has worked with the Public Works Department and developed an align- ment of Oakdale Street that incorporates the curve described in this policy. The alignment leaves a band of property that ranges in depth from 82 feet to a maximum of 124 feet along the northern boundary of Tax Lot 2600, adjacent to existing single~ family residences. The proposed development will divide that band 'into lots with a width of 40 feet for development with single-family residences'. The proposed change in plan and zoning configuration will allow a similar band of property to be developed in the same manner on the south side of the Oakdale extension. The lot depths will range from 91 to 136 feet on the south side of the street. This develop- ment pattern will m~et medium-de:nsity requirements and allow the 1.5 acres of commercial expansion. The proposed change also has no appreciable .impact on the ihventory of land avail- able for either commercial or residential use, whether viewed from a metropolitan perspective or simply from the City of Springfield. It represents less than one-tenth of one percent of the projected demand for medium-density land and the theoretical displacement of17 dwelling units compared with projections of 53,000 to 58,000 new dwelling units for the period 1989-2010. The resulting increase in commercial. land is also very minor when compared with overall allocations. Gateway Refinement Plan Amendment & Zone Change Applications, Page 4 of 7 . . . " ""(;' '~i'i''''''' -,,"' r -: ;r'J;"''''>',' "~':,i' ,t::',i.d;I:; This amendment to the Gateway Refinement Plan is a very minor adjustment to that plan. It is occasioned in part by an approved alignment of the extension of Oakdale Street and the opportunity to provide a similar type of medium-density development on both sides of the new street. It is also occasioned by the need to slightly expand the commercial area hereto accommodate both a small shopping center and storage facilities. The proposed change conforms with all applicable criteria in Section 8.030 of the Springfield Development Code. " c. Zone Change Criteria Section 12.030 of the Springfield Development Code sets forth the criteria for zon- ing district changes, each of which is addressed in the following analysis. This pro- posed change involves rezoning 1.50 acres from MDR Medium-Density Residential District to CC Community Commercial District. . .. Section 12.030(1): Consistency with the Metro Plan Text and Diagram. The diagram of the Metropolitan Plan shows a community commercial node at the intersection of Harlow Road and Pheasant Boulevard. The Metropolitan Plan also . states that interpretation and application of the diagram to specific properties is made by local jurisdictions through techniques such as refinement plans and zoning. Assuming the preceding request for amendment to the Gateway Refinement Plan has been approved, the proposed rezoning would also be consistent with the Metropolitan Plan. The description of community commercial centers provided in the Metropolitan Plan has been cited previously in this application. The rezoning will result in a total of approximately 19.12 acres zoned for community commercial use north of Harlow Road. Even with the existing commercial uses south of Harlow Road, the total amount of commercially zoned property at this location will be approximately 22.78 acres. That amount is well within the size range of 5 to 40 acres set forth in the Metropolitan Plan for community commercial centers. The range of uses allowed in the community commercial zone are also consistent with the text of the Metropoli- tan Plan and encompass all of the uses proposed for this property. There are no objectives or policies of the Metropolitan Plan that appear to have direct relevance to a change of this limited magnitude. Section 12.030(2): Consistency with applicable Refinement Plans, special area studies and functional plans. The property involved in this rezoning is, within the Gateway Refinement Plan area. Gateway Refinement Plan Amendment & Zone Change Applications, Page 6 of 7 ~ . . ~ .