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HomeMy WebLinkAboutOrdinance 5800 10/16/1995 . , <. . . ORDINANCE NO. 5800 (GENERAL) .. AN ORDINANCE AMENDING THE METROPOLITAN AREA GENERAL PLAN DIAGRAM TO REDESIGNATE TAX LOT 400, ASSESSOR'S MAP 17-02-28, GENERALLY LOCATED IN THE NORTHEAST CORNER OF NORTH 52ND STREET AND HIGH BANKS .ROAD, FROM LOW DENSITY RESIDENTIAL TO LIGHT-MEDIUM INDUSTRIAL, STAN MCNUTT, APPLICANT (JO. NO. 95-08-157). WHEREAS, Stan McNutt initiated a request (Jo. No. 95-08-157) to Metro Plan Diagram and to change zoning districts for Tax Lot 400, Map 17-02-28, in the City of Springfield, Lane County, Oregon; and, amend the Assessor's WHEREAS, on September 20, 1995, the Springfield Planning Commission held a public hearing on this Metro Plan Diagram amendment and rezoning request. The Springfield Planning Commission voted 4 in favor, 0 opposed, to recommend approval of the Metro Plan Diagram amendment and zone change to the City Council; and, WHEREAS, findings in support of adoption of this request are set forth in the staff report and the Planning Commission recommendation to the Council (Jo. No. 95-08-157), incorporated herein by reference; and, WHEREAS, based on the adopted findings, the City Council concludes that the amendment to the Metro Plan Diagram, and rezoning, are consistent with the criteria of approval as set forth in the staff report and the recommendation to the Council by the Springfield Planning Commission (Jo. No. 95-08-157), incorporated herein by reference. NOW, THEREFORE, THE CITY COUNCIL DOES ORDAIN AS FOLLOWS: The Metro Plan Diagram land use designation and zoning district property described in Attachment 1, are hereby amended/changed Density Residential and Heavy Industrial to Light-Medium Industrial. of the from Low Section 1. In support of this Ordinance, the City Council adopts the findings set forth in Attachment 1, 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, and mailed to owners and tenants of property within 300 feet of the subject property, in conformance with the provisions of the Springfield Development Code Section 14.030. ADOPTED by the Common Council of the City of Springfield this 16th day of October, 1995, by a vote of 4 in favor and ~ against. APPROVED by the Mayor of the City of Springfield this 16th day of October, 1995. (2 1/ _12c:tfJ rJfn~ Mayor AT~ --" . City Recorder . RE",ewISO f.\ ~ \'(:) a NO f-\ ()~ R()\J ~ ~ ~C~ t-'\ ~C~E\"'~ J \..tF\~"""( O~c.~ C~ C'"l.\"l f\\\_O~~~"I Se.. V\tt-^.G~~ 2\, \'\~":) . . . . , ATTACHMENT 1 BEFORE THE PLANNING COMMISSION OF THE CITY OF SPRINGFIELD, OREGON REQUEST FOR .AMENDMENT TO THE METROPOLITAN AREA GENERAL PLAN DIAGRAM } } } JOURNAL NuMBER 95~b8~157 FINDINGS, CONCLUSION AND RECOMMENDATION NATURE OF THE APPLICATION A request to amend the Metropolitan Area General Plan (Metro Plan) diagram for Tax Lot 400, Assessor's Map 17-02-28, located generally in the northeast corner of North 52nd Street and High Banks Road, from Low Density Residential (LDR) to Light-Medium Industrial (LMI), Stan McNutt, Applicant (Jo. No. 95-08-157J. RELEVANT FACTS, CRITERIA AND FINDINGS 1. On August 4, 1995, the following application for Metro Plan diagram amendment was initiated: stan McNutt (Jo. No. 95-08-157) 2. The application was initiated and submitted in accordance with Article 7 METRO PLAN AMENDMENTS of the Springfield Development Code. Timely and sufficient notice of the public hearing, pursuant to Section 14.030 of the Springfield Development Code has been provided. 3. On September 20, 1995, a public hearing was conducted by the Springfield Planning Commission. The Springfield Planning Department staff notes and recommendation together with the testimony and submittals of 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 Metro Plan diagram amendment is consistent with the applicable criteria set forth in Section 7.070(3)(a-b) of the Springfield Development Code. This general finding is supported by the specific findings of fact and conclusions set out in the attached findings of fact adopted September 20, 1995, and attached hereto. . . . ORDER It is hereby RECOMMENDED by the springfield Planning Commission that Journal Number 95-08-157, Stan McNutt, Metropolitan Area General Plan diagram amendment, be approved. The property subject to this recommenda ion is Tax Lot 400, Assessor's Map 17-02-28, from LOR to MI. ATTEST AYES: 4 NOES: (2f ABSENT: J ABSTAIN: I CO~70 on . . . BEFORE THE PLANNING COMMISSION OF THE CITY OF SPRINGFIELD, OREGON REQUEST TO REZONE TAX LOT 400, ASSESSOR'S MAP 17-02-28, FROM HEAVY INDUSTRIAL (HI) TO LIGHT-MEDIUM INDUSTRIAL (LMI) JOURNAL NO. 95-08-157 FINDINGS, CONCLUSION AND ORDER } } } } NATURE OF THE DECISION The Planning Commission must find that rezoning Tax Lot 400, Assessor's Map 17-02-28, from Heavy Industrial District (HI) to Light-Medium Industria~ District (LMI) is consistent with the Metropolitan Area General Plan (Metro Plan) Diagram, as amended by the Springfield City Council on May 5, 1986. RELEVANT FINDINGS The following is a summary of the findings found to be relevant to this decision. 1. On August 4, 1995, Stan McNutt, owner of the subject property, submitted an application to the springfield Development Services Department for a zone change and Metropolitan Area General Plan Diagram amendment. 2. On September 1, 1995, owners and residents of all property within 300 feet of the subject property were sent mailed notice of the public hearing to rezone the subject property consistent with the concurrent proposal to amend the Metro Plan diagram. The list of owners and residents receiving this notice have been included as "Attachment A" of this Order. 3. On September 2, 1995, a legal notice of the public hearing was printed in a newspaper of general circulation. This notice has been included as "Attachment B" of this Order. 4. On September 20, 1995, a public hearing to amend the Metro Plan diagram and rezone the subject property was held. 5. The Springfield Planning Commission has determined that the criteria for zone change, found in Section 12.030 of the Springfield Development Code, have been satisfied. The Commission's findings are based on the testimony offered at the hearing and on the information contained in the staff report, both of which have been included as "Attachment C" of this Order. . . . CONCLUSION The record and the findings support the conclusion that: The rezoning of Tax Lot 400, Assessor's Map 17-02-28, is consistent with 12 of the Springfield Development Code and the Metro Plan text and Public notice of this rezoning has been provided consistent with 14.030 of the Springfield Development Code. Article diagram. Section ORDER AND RECOMMENDATION IT IS ORDERED by the Springfield Planning Commission that Jo. No. 95-08-157, zone change from Heavy Industrial District to Light-Medium Industrial District, is approved. This Order shall not take effect unless and until the Springfield City Council adopts an ordinance amending the Metro Plan diagram from Low Density Residential to Light-Medium Industrial for the subject property. THIS ORDER was presented to and approved by the Planning Commission 20, 1995. September ATTEST AYES: LL. NOES: -/p ABSENT: / ABSTAIN: I . STAFF REPORr AND FINDINGS FOR JOURNAL NUMBER 95-08-157 METROPOLIT~N PLAN .AMENDMENT AND ZONE CHANGE REQUEST , . , I. Nature of Requ~st This action seeks to amend the Metro Plan diagram designation of th~ ~ollowing parcel from Low Density Residential (LOR) to Light-Medium Industrial (LMI) and rezone the same parcel from Heavy Industrial (HI) to Light-Medium Industrial (LMI): Map and Tax Lot Number Acres Property Owner and Address 17-02-28 Tax Lot 400 8 Stan McNutt 39900 McKenzie Highway Springfield, OR 97478 II. General Information . . \ A. Background . The property is located in the northeast corner of North 52nd Street and High Banks Road. The property was annexed to the City of Springfield in 1973 and, because of its proximity to the Weyerhaeuser plant and existing sand and gravel sites, was zoned Heavy Industrial (M-3) consistent with the wishes of the property owner. The property was divided more or less in half in 1979. The eastern parcel was rezoned to LDR in 1980 based on conformance with the "new" comprehensive plan. The subject property has retained heavy industrial zoning (HI) since annexation. No development has occurred on the subject property or the adjoining property on the east. ~ -, In 1990, 75 acres north of the subject property was incorporated within Springfield's UGB and designated LMI. This property was subsequently developed with a boat manufacturing plant. Access to the boat plant, a sand and gravel extraction site and a heavy equipment repair business abuts the entire length (680 feet) of the western boundary of the subject property. Also between 1990 and the present, High Banks Road was widened and improved to urban standards. 'B. Description of Site The property is a relatively flat, boot-shaped lot approximately 8 acres in size. The lot has a 650 foot north-south dimension, has 580 feet of frontage on High Banks Road and has a north property line dimension of 361 feet. No improvements have been made to the property other than a small out-building and gravel parking area. The majority of the property is planted in Filbert trees except for' about 2 acres at the north end which is largely brush and field grass. Journal Number 95-08-157 Page 1 . ',' . C. Plan Designatio~ and Zoning . .' The basis tor the November 23, 1983 The Plan diagram east-west division is residential). The property is 'zoried HI ~nd carries an LDR Plan designation. LDR designation wa~ adopted by the Springfield City Council on when the parcel 'on' the ~ast was zoned LDR (Ordinance 5204). clearly shows the extension of North 52nd Street as the between industrial and residential designations (east of 52nd D. Adjacent Land Uses and Plan Designations Property on the north is used fo~ sand and gravel extraction, heavy equipment repair and boat manufacturing. This property is designated Sand and Gravel and Light-Medium Industrial. Property on the west is used for cabinet manufacturing and orchard (Filberts). This property is designated Heavy Industrial and Agricultural (for that portion outside the UGB). Property on the south is largely surplus ODOT right-ot-way, however there are two single family ho~es at the eastern margin of the property. 1-105 and Weyerhaeuser dominate the southern exposure of the property. This property is variously designated LDR, LMI an~,HI. Property on the east is used as orchard (Filberts) and is designated LDR. ~ SPRINGFIELD DEVELOPMENT CODE CRITERIA Section 7.070(3) of the Springfield Development Code (SDC) which must be applied to a proposal to amend the Metro Plan. criteria shall be the findings upon which a recommendation forwarded to the City Council for final action. specifies criteria Responses to these shall be based and .m- The amendment must be consistent with the relevant statewide planninq adopted bv the Land Conservation and Development Commission~ qoals Goal 1 Citizen Involvement: .Citizens shall have the opportunity to be involved in the phases of the planning process as set forth and defined in the goals and guidelines for Land Use Planning, including Preparation of Plans and Implementation Measures, Plan Content, Plan Adoption, Minor Changes and Major Revisions in the Plan and Implementation Measures..' Public notice of this proposal has been mailed to all property addresses and property owners of the subject properties, to all property addresses and property owners within 300 feet of this proposal the week of September 1, 1995. A legal notice of this proposal was published in the Springfield News on Saturday, September 2, 1995. The Springfield Planning Commission will conduct a public hearing on Wednesday, September 20, 1995 to consider this proposal. The City Council is scheduled to conduct a public hearing on this proposal on Monday, October 2, 1995. Goal 2 Land Use Planning: "To establish a land use planning 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 such decisions and actions." Journal Number 95-08-157 Page 2 . . . . : . "City, County, state and federal agency and spec~al district plans and actions related to'land use shall be consistent with the comprehensive plans of cities a~d count~es and regional plans adopted .under ORS Chapter 268." "Implementacibn Me~sures -- are the means used to carry out the plan. These are of two geheral types: (1) management implementation measures such as ordinances, regulations or project plans, and (2) sit~ or ~reaspecific implementation measures such as permits and grants for construction, construction of public facilities or provision of services." "Plans -- as used here encompass all plans which guide land-use decisions, including both comprehensive and single-purpose plans for ~ities, 'counties, state and federal agencies and special districts." The Metro Plan is Springfield's acknowledged comprehensive plan. Included within Chapter IV of the Plan are provisions for update and am~ndment. "While the Metropolitan Plan is the basic guiding land use policy document, it may be amended from time to time. Likewise, the Metropolitan Plan m~y be . ~ augmented and implemented by more detailed refinement plans and, regulatory measures." Goal 9 Economic Development: "To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens." "Comprehensive plans for urban areas shall: 1. Include an analysis of the community's economic patterns, potentialities, strengths, and deficiencies as they relate to state and national trends; 2. contain policies concerning the economic development opportunities in the community; 3. supply of sites for a variety policies. suitable sizes, industrial and Provide for at least an adequate types, locations and service levels commercial uses consistent with plan of of 4. Limit uses on or near sites zoned for specific industrial and commercial uses to those which are compatible with proposed uses." The Metropolitan Industrial Lands Policy Report (1993, Lane Council of Governments) is the implementation component of the Metropolitan Industrial Lands Inventory Report (1993, Lane Council of Governments). These reports were prepared in compliance with OAR 660, Division 9 specifying how "adequate inventories" shall be established and maintained. Based on these rules, a 3 year supply of serviceable sites is scheduled for each year, including the final year, of the short-term element of the public facilities Journal Number 95-08-157 Page 3 . . . plan. The short-term element of the the Eugene-Springfield Public Facilities !}an re~erences the capital improvement plans which ar~ five year plans. Based on the over-all inventory of all industrial land (serviced and non-serviced), a one year demand results in a range of 32.5 to 58.6 acres. A three year ~supply each year would yield a range of 97.5 to 175.8 acres. A five year supply ranges from 227.5 to 410.2. No distinction is made for the type of designation (SLI, HI, LMI). Special Light Industrial is characterized by uses such as regional distribution centers, research and development complexes and complementary uses such as corporate office headquarters and supporting commercial establishments in park-like settings. Light-Medium Industrial is intended to accommodate a variety of industries, including those involved in the secondary processing of materials into components, the assembly of components into finished products, transportation, communication, wholesaling and warehousing. The external impact from these uses is generally less than heavy industrial and transportation needs are often met by truck. The report also poin~s out, correctly, that..."Springfield's HI and LMI zoning districts tend tb have more differences (than Eugene's 12 and 13 zones) and that springfield"~ses LMI as a buffering or transition area between heavy industrial 'and nonindustrial uses." (page 29 ibid.). Assuming that demand will be reflected by the proportion of land available in each jurisdiction, Springfield's 34% share of these sites would yield an annual needed inventory of 33 to 59 acres and a five year inventory of 77 to 139 acres. Assuming further that the type of industrial land desired remains consistent with development of the past five years, Springfield's inventory of SLI and LMI land would represent 50% each of the needed available inventory. The "demand" inventory can be further quantified to single owner sites 20 acres or smaller, not intended or preserved for expansion. The net result is a demand for between 38.5 and 69.5 acres of short term LMI land 20 acres or smaller. Springfield's existing inventory of such sites is 66.8 acres. All remaining LMI sites in springfield are outside the City limits far removed from necessary infrastructure (long term inventory) . Goal 10 Housing: state" . "To provide for the housing needs of citizens of the Because this request, if approved, would reduce the LDR inventory by 8 acres, the effects of this action should be evaluated against Plan policies which implement the housing goal. The Metro Plan implements this goal by providing a buildable lands inventory that is keyed to projected demand for various housing types, densities and locations. As with any land use designation, existing development, availability of needed services and specific locational requirements are factored into determinations of appropriate designations. The existing designation of the subject property, LDR, is the most wide-spread, voluminous land use designation in the Metro Plan. This reflects past development as well as future expectations that single family homes will remain the preferred housing option. Journal Number 95-08-157 Page 4 . . . LOR is the basis of most, of Springfield's neighborhoods. Most LOR areas are characterized by lo~al streets, schools, parks, churches and some nearby neighborhood. commercial activities. Few of these neighborhoods take direct access from' arteria~ streets and with few exceptions do not abut heavy industrial use~. Tqe circumstances extant on and near the subject property are not consis~ent with these characteristics. There are only 6 homes on the north side of ~igh Banks Road between 52nd and 57th Streets, a distance of 3,700 feet; the nearest elementary school is Ridge View, some two miles away; the nearest neighborhood commercial is at 57th and Main, 1.5 miles distant; the nearest park is Fort park located at 57th and C Streets (1.3 miles); the intersection of 52nd and 1-105 is less than 300 feet from the subject property; a heavily: traveled industrial access road abuts the western boundary of the subject property; and, property immediately north of the subject property is occupied by a boat manufacturing plant, a heavy equipment repair business, and abandoned gravel pits that are an attractive and hazardous nuisance for inquisitive children. The Residential Element of the Metro Plan contains policies that should be applied to decisions that both add to or subtract from residerl~ial inventories. In this regard, the following residential policies would "not support maintaining an LDR designation of this property: 1. Coordinate new residential development with the provision level of services and facilities, such as sewers, water, facilities, schools and parks. (page III-A-4) of an adequate transportation 12. Promote compatibility between residentially zoned land and adjacent areas. (page III-A-5) 20. Conserve the metropolitan area's existing supply of sound housing in stable neighborhoods in residentially planned areas through code enforcement, appropriate zoning, rehabilitation programs; and by discouraging conversions to noriresidential use. (page III-A-6) The action to amend the Metro Plan diagram is consistent with these goals in that short term inventory of properly designated and zoned land will be available in the quantity specified in the administrative rule and in a location amenable to industrial use. ~. Adoption of the amendment must not make the Metro Plan inconsistent. internally No changes to the Plan text are proposed, only changes to the Plan diagram. This amendment is consistent with the following Plan policies: "The Plan diagram is a graphic depiction of: (I) the broad allocatibn 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 appropriate local jurisdiction. Local jurisdictions make more specific interpretations of the general diagram through refinement plans and zoning." Journal Number 95-08-157 Page 5 . The goal of the Ecqnomic Element of the Metro Plan is to: "Broaden, improve, and diversit~: the metropolitan economy while maintaining or enhancing the environmen~n.~ The policies intended to implement this goal and ~hich are consistent ,,,:,,i~h th~s application include: 6. Increase the amount of undeveloped land zoned for light industrial and conunercial uses correlating the effective supply in ,terms ofsul.tability and availability with the projections of demand. (page III-B-5) 9. Encourage the manufacturing pollution and expansion of existing and the location activities 'which are characterized by a relatively low level of energy use. (page of new light low levels of III-B-5) 13. Encourage compatibility between industrially zoned lands and adjacent areas in local planning programs. (page 111-8-5) 20. Continue to evaluate other sites in and around Springfield and 'Eugene for potential light-medium industrial and special light industrial uses, ., as well as potential residential uses. (page 111-8-6) Chapter IV of the Metro. Plan states: "In order for ~he Metropolitan Area General Plan to serve as an effective policy device to guide change and development, it must be adaptable to the changing circumstances and needs of the conununity. . "Changes to the Metropolitan Plan may occur: 1) as the result of the State's periodic review requirements; 2) through amendments initiated by any one of the three governing bodies; 3) as the result of major updates; and 4) as the result of citizen-initiated amendment requests." Chapter IV further distinguishes plan amendments as having "regional impact.. if the net inventory of buildable land designated Low Density Residential or Light-Medium Industrial is significantly increased. The Low Density Residential designation would be reduced by 8 acres and the Light-Medium Industrial would be increased by 8 acres. Neither of these circumstances qualify as "significant... CONCLUSION AND RECOMMENDATION FOR METRO PLAN AMENDMENT This request is consistent with the criteria of Plan policies. Staff reconunends approval of contained in this report. SDC 7.070, State goals and Metro this request based on findings ZONE CHANGE FINDINGS SDC 12.030 establishes criteria for zone changes. In reaching a these actions, the Planning conunission shall adopt findings which that all of the following criteria have been addressed. decision on demonstrate Journal Number 95-08-157 Page 6 . . . ( II consistency with the Metro Plan Text and Diaqrami This application seeks to rezone the subject property from Heavy Industrial (HI) to Light~Medium Industrial (LMI). This request for zone change is dependent upon a concurrent request to amend the Metro Plan diagram for the subject prope;ty fr~m Low Density Residential to Light-Medium Industrial. Findings in sJpport of the request to amend the Plan diagram are located in the preceding pages of this report. In the event tl)e Plandi'agram is amended toLMI, the Metro Plan policies cited on pages 3, 4, and 5 of this report support this request to rezone the subject property from Heavy Industrial to Light-Medium Industrial. (2) Consistency with applicable Refinement Plans, special area studies and functional plans; and The subject property is not within any refinement plan or special studies area boundaries. Functional plans which do affect the subject property include TransPlan and the Public Facilities Plan. TransPlan project 149 (upgrade High Banks Road to urban standards) and project 756 (striped ~,bike lane) have been completed. Project 305 (construction of full interchange at 52nd and 1-105) is pending design and funding by the Oregon Department of T~ansportation.. The construction of High Banks Road also included installation of storm and sanitary sewer consistent with the improvements specified in the Public Facilities Plan. ( 3) That the property can be served by the orderly and efficient extension of key urban facilities and services as prescribed in the Metro Plan prior to or in con;unction with development. As mentioned in the preceding paragraph, the subject property abuts full urban improvements. Development of the site is subject to site plan review requirements and standards, consistent with Metro Plan policies regarding compatibility with surrounding non-industrial uses. CONCLUSION AND RECOMMENDATION FOR ZONE CHANGE . Based on the preceding findings, this request is consistent with the criteria of SDC Section 12.030. Contingent upon City Council approval of the concurrent request for Metro Plan diagram amendment, staff recommends approval of this request for zone change from Heavy Industrial to Light-Medium Industrial. Journal Number 95-08-157 Page 7 J ,METRO PLAN LAND USE DE IG'NATION . \ '.... ", " 1 I. / ~ . ' I - ), LIGHT -MEDIUM INDUSTRIAL I t'...... ~ \ ) \ ( /./ " -, \ ....... \ \ ..... f-' . \ '.L,J . . t, AGRICULTURE /-------, .~..-- -', -....... ..~.. "",," -' ",- -' ... 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