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Home My WebLink AboutOrdinance 5784 05/15/1995 - .. ORDINANCE NO. 5784 (General) . AN ORDINANCE AMENDING THE MID-SPRINGFIELD REFINEMENT PLAN DIAGRAM, TO REDESIGNATE A PORTION OF TAX LOT 6700, ASSESSOR'S MAP l7-02-31~3l, FROM MEDIUM DENSITY RESIDENTIAL TO COMMUNITY COMMERCIAL, (JO. NO. 94-10-194) AND REZONING SAME PROPERTY,FROM MEDIUM DENSITY RESIDENTIAL TO COMMUNITY COMMERCIAL, (JO. NO. 94-11-223) LEON AND VICKIE SEARCH, APPLICANTS, AND DECLARING AN EMERGENCY. WHEREAS the applicants initiated an application (Jo. No. 94-10-194) to amend the Mid-Springfield Refinement Plan diagram on a portion of Tax Lot 6700, Assessor's Map 17-02-31-31, from Medium Density Residential to Community Commercial; and WHEREAS the applicants initiated an application (Jo. No. 94-11-223) to rezone a portion of Tax Lot 6700, Assessor's Map 17-02-31-31, from Medium Density Residential to Community Commercial; and WHEREAS The Springfield Planning Commission held a public hearing on the proposed Mid-Springfield Refinement Plan diagram amendment and zone change applications on February 15, 1995, and voted 3-1, with 1 abstention, and 2 absent to uphold staff's denial of both applications and recommend that the City Council uphold staff's denial of the Mid-Springfield Refinement Plan diagram amendment; and WHEREAS the applicants submitted a letter waiving the 120 day review period in accordance with Springfield Development Code Section 3.050(6) and requested a postponement of the public hearing for the Mid-Springfield Refinement Plan diagram amendment before the City City Council from March 6, 1995 to April 3, 1995, and the City Council complied; and WHEREAS the applicants submitted a second letter requesting a postponement of the public hearing for the Mid-Springfield Refinement Plan diagram amendment before the City City Council from April 3, 1995 to May 1, 1995, and the City Council complied; and . WHEREAS on April 20, 1995, the applicants submitted additional information which: 1) reduces the amount of land proposed to be redesignated and rezoned from Medium/Density Residential to Community Commercial by half; and 2) now addresses criteria of approval not previously addressed pertaining to both the Mid-Springfield I Refinement Plan diagram amendment and the zone change applications; 3) may allow the City Council to modify the Planning Commission decision of February 15, 1995; and WHEREAS staff required additional requested the City Council to postpone Refinement Plan diagram amendment from Council complied; and time to prepare a revised staff report, staff the public hearing for the Mid-Springfield May 1, 1995 to May 15, 1995, and the City WHEREAS the City Council public hearing for both the Mid-Springfield Refinement Plan diagram amendment and the zone change applications are considered to be de novo; and WHEREAS findings in support of the adoption of the Mid-Springfield Refinement Plan diagram amendment and the zone change applications from Medium Density Residential to Community Commercial for the north 74.33 feet of Lot 4, Block 2, Douglas Gardens Subdivision as Platted and Recorded in Book 4, Page 73, Lane County Plat Records, Lane County, Oregon are set forth in the revised staff report and the recommendations to the City Council (Jo. No. 94-10-194 and Jo. No. 94-11-223) incorporated herein by reference; and . Ordinance 5784 Page 1 . WHEREAS the City Council held a public hearing on May 15, 1995, and based on the adopted findings, the City Council concludes that the amendment to the Mid-Springfield Refinement Plan diagram and the zone change from Medium Density Residential to Community Commercial as reduced and modified are consistent with the criteria of approval as set forth in the revised staff report (Jo. No. 94-10-194 and Jo. No. 94-11-223) incorporated herein by reference. NOW, THEREFORE, THE CITY COUNCIL DOES ORDAIN AS FOLLOWS: Section 1. The Mid-Springfield Refinement Plan diagram amendment change from Medium Density Residential to Community Commercial as reduced and are hereby approved, and the Mid-Springfield Refinement Plan diagram is hereby as shown in Exhibit A attached hereto. and zone modified amended 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 Springfield Development Code Section 14.030. Section 3. The following conditions shall apply to the north 74.33 feet of Lot 4, Block 2, Douglas Gardens Subdivision as Platted and Recorded in Book 4, Page 73, Lane County Plat Records, Lane County, Oregon: a) a Site Plan Modification or Type II Site Plan application will be required prior to development; and b) the required landscape buffer between residential and commercial properties may be placed on the south 74.33 feet of Lot 4 rather than the north 74.33 feet as specified in Springfield Development Code Sections 18.050(2) and 31.160. . Section 4. The following conditions shall apply to the south 74.33 feet of Lot 4, Block 2, Douglas Gardens Subdivision as Platted and Recorded in Book 4, Page 73, Lane County Plat Records, Lane County, Oregon: a) a Site Plan Modification application and Discretionary Use approval from the Planning Commission will be required prior to development; and b) the required landscape buffer between residential and commercial properties may be placed on the south 74.33 feet of Lot 4 rather than the north 74.33 feet as specified in Springfield Development Code Sections 18.050(2) and 31.160. Section 5. It is hereby found and determined by the City Council, that matters pertaining to the adoption of the amendment of the Mid-Springfield Refinement Plan diagram and the zone change from Medium Density Residential to Community Commercial is a matter affecting the public health, safety and welfare, and that an emergency therefore exists, and that this ordinance shall therefore take effect immediately upon its passage by the City Council and approval by the Mayor. ADOPTED by the Common May, 1995, by a vote of 5 Council of in favor and the City of Springfield this o against,. and 1 abstention. 15th day of APPROVED by the Mayor of the City of Springfield 1995. ATTEST, ~ ~ - City Recorder . r:~~;\':f~-:,;"I:::'~L &. AP?~OVED f~~O FORM ~ < _~~~_~_~.:I.~t'\-1 '= Wf.Yl:: J~ A'1 ~,=~1S.= OFFliCk:: OF CITV ATTORNEY CtTV c;-- ~:~\m.jG::iELD Ordinance 5784 Page 2 (J) / J' A" '~.' __ ~8 u '- r<1 r<1 , 3300 lPR /f'~,f'-'''-/ ,,~~. . ,rr,' "'J J' 3200 lOR '~'/ 3100,,) , ~' lOR ~ 19 3000 I- W W 0:: I- (f) LOR Ie ,," 2-900 ~\ -\ ~U- Cc 11 ""'-.1,.,,- "" ,. , 2800 Cc , :-' .; 16 ~ ..-:"._., -"".r' 2700 CC u '- , r<) 2601 2600 , r<) , CG ~ ., CC . , 2500 ! ~~ CC I__\b "r' MCKENZIE 2501 ~ CC - - T -=Y- - -L":.!..!: t I . -.. ___ /'1'-_'/, -.,10 ""- '" )\'..._ '=" g,),J./ /~r.'" .. - I 400 . '=~-I I 5102 51011 I . ~ \<')" ~~ I ~I~O\J~ :CO ;:1'; Cv;' I .11 "<O:? I - 1 . I .~~ 64eO ~O~ 'J I --:-:-~:-\, --=J -- - N' ,F" . ,,- C(~r(fl J 1/.....' "I'" EXHIBIT A 200 201 . O' 1200 , , 202 at::<:. ],c L ~02 ~zLOR , + , L R , , 3 , \.C ",' , /'r.~~/. - /"1'- i ~I t :::1:: I , i' ? 1 ~i 1 ~ ~1 i C' . r- , ) i '-../: 1~ ' i ..../ , , .....J'...",." 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