HomeMy WebLinkAboutOrdinance 5653 09/21/1992
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ORDINANCE NO. 5653
AN ORDINANCE AMENDING THE EUGENE-SPRINGFIELD METROPOLITAN AREA GENERAL
PLAN (METRO PLAN) DIAGRAM AND THE MID-SPRINGFIELD REFINEMENT PLAN DIAGRAM
AND REZONING A 5.3-ACRE SITE, IDENTIFIED AS TAX LOTS 4200-5000 OF ASSESSOR'S
MAP 17-02-32-33 AND TAX LOTS 200 AND 201 OF ASSESSOR'S MAP 18-02-05-22, FROM
MEDIUM DENSITY RESIDENTIAL LAND USE TO LOW DENSITY RESIDENTIAL LAND USE,
AND ADOPTING A SAVINGS AND SEVERABILITY CLAUSE
WHEREAS, the City of Springfield, (City) has accepted a proposal (Springfield Journal
Number 92-04-77) to amend the Metro Plan Diagram, amend the Mid-Springfield
Refinement Plan Diagram, and change the zoning of a 5.3-acre site, identified as Tax
Lots 4200-5000 of Assessor's Map 17-02-32-33 and Tax Lots 200 and 201 of
Assessor's Map 18-02-05-22 from Medium Density Residential to Low Density
Residential; and,
WHEREAS, this proposal comes to the City for action pursuant to procedures described in the
Metro Plan and Springfield Development Code for amendment of the Metro Plan; amendment
of Refinement Plans, and zone changes; and,
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WHEREAS, the Springfield Planning commission reviewed the proposal in a public hearing on
June 17, 1992 and rendered a recommendation for approval of the proposal; and,
WHEREAS, evidence exists within the record indicating that the proposal meets the
requirements of Articles 7, 8 and 12 of the Springfield Development Code, and the
requirements of applicable state and local law; and,
WHEREAS, the Springfield City Council has conducted a public hearing and is now ready to
take action.
NOW, THEREFORE, THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS:
Section 1: The Metro Plan Diagram land use designation of the property is amended
from Medium Density Residential (MDR) to Low Density Residential (LDR), as depicted
on Exhibit A, which is attached and incorporated herein.
Section 2: The Mid-Springfield Refinement Plan Diagram land use designation of the
property is amended from Medium Density Residential (MDR) to Low Density
Residential (LDR), as depicted on Exhibit A, which is attached and incorporated herein.
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Section 3: Zoning of the property is changed from Medium Density Residential (MDR)
to Low Density Residential (LDR), as depicted on Exhibit A, which is attached and
incorporated herein.
In support of this Ordinance the City Council adopts the Findings set forth in Exhibit B, which
is attached and incorporated herein.
The prior designation and zoning repealed by this Ordinance shall remain in full force and
effect to authorize prosecution of persons in violation thereof prior to the effective date of this
Ordinance.
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Ordinance No.
Page 2
5653
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not
affect the validity of the remaining portions thereof.
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ADOPTED by the Common Council of the City of Springfield this 21st day of September
1992, by a vote of 4 for and 1 against.
APPROVED by the Mayor of the City of Springfield this 21s t day of September
, 1992.
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Mayor
ATTEST:
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REVIEWED & APPROVED
AS jO FORM
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DATE: <; E- rr\' .2.. 'S \ \'1 ~ 2-
OFFICE OF CITY ATTORNEY
CITY OF SPRINGFIELD
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Ordinance No. 5653
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EXHIBIT B
APPLICABLE CRITERIA FOR APPROVAL OF METRO PLAN AMENDMENT
Section 7.065(2) of the Springfield Development Code sets forth the following criteria for approval of
a Metro Plan amendment.
(a) The amendment must be consistent with the relevant statewide planning goals adopted by the
land Conservation and Development Commission.
(b) Adoption of the amendment must not make the Metropolitan Plan internally inconsistent; and
(c) The amendment is not a plan update amendment.
RESPONSE TO CRITERION (a)
The following statewide planning goals are applicable to this request, (Goal citations appear in bold,)
Goal 10 HOUSING
Goal 10 is to "provide for the housing needs of citizens of the state." The goal states that:
Buildable lands for residential use shall be inventoried and plans shall encourage the
availability of adequate numbers of needed housing units at price ranges and rent levels
which are commensurate with the financial capabilities of Oregon households and allow
for flexibility of housing location, type and density.
Findino:
1 , Goal 10 is implemented through the residential designations of the Metro Plan, and
through the Metro Plan's Residential land Use and Housing Element, This request is
consistent with the applicable Metro Plan policies, as demonstrated in Findings 2-6,
and is, therefore, consistent with Goal 10.
RESPONSE TO CRITERION (b)
The following Metro' Plan Residential Element Policies apply to this request, (Metro Plan citations
appear in bold.)
Increase the supply of land zoned for low, medium, and high density residential uses correlating
the amount zoned with the projections of demand. Periodically monitor and analyze the
population and dwelling unit projections to provide a reliable basis for land use decisions and
to assure sufficient residential land to maintain a balance between supply and demand. (III-A-4-
3)
FINDINGS PAGE 1
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Ordinance No. 5653
Page 5
Findinas:
2, The applicants show that there is little demand for MDR land that has been
platted for duplexes. Conversely, there is relatively high demand for flat lots
that are zoned for single-family residences and manufactured homes,
3, The 37 acres of land added to Springfield's inventory of MDR land as a result of the
"Dessler" Metro Plan amendment (Jo. No, 91-02-201) more than offsets the
approximately 5.26 acres that would be removed from the inventory as a result of
approving this request
Continue to encourage the dispersal of housing for all income groups. (III-A-5-8)
Findina:
4. Approval of this request would provide development-ready lots for affordable
manufactured homes.
Encourage a mixture of dwelling unit types in appropriate areas. (III-A-6-21)
Findina:
5. Development of the subject property with single-family dwellings would increase the
mixture of dwelling unit types in the immediate area, which is predominantly
apartments.
Encourage in-filling and utilizing existing undeveloped subdivision lots in urban areas. (III-A-7-
26)
Findina:
6. There is a greater likelihood that the subject property would be developed in
the near future if it were changed from MDR to LDR. Therefore, approval of
this request would encourage infil!. The applicants state that construction of
the proposed manufactured homes would occur over the next 12-19 months.
This action also would further the purpose and intent of Ordinance 5591,
providing additional infill sites for manufactured homes.
RESPONSE TO CRITERION (c)
Findina:
7. This request, if approved, would not be a Plan Update Amendment.
APPLICABLE CRITERIA FOR APPROVAL OF REFINEMENT PLAN AMENDMENT
Section 8.030 of the Springfield Development Code sets forth the following criteria for approval of a
Refinement Plan amendment.
(1 )
(2)
(3)
Conformance with the Metro Plan.
Conformance with applicable State statutes.
Conformance with applicable State-wide Planning Goals and Administrative Rules,
FINDINGS PAGE 2
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Ordina.~ce No. 5653
Rage 6
RESPONSE TO CRITERION 1
(See above, under "Response to Criterion (a)" of the Applicable Criteria for Approval of Metro Plan
Amendment.)
RESPONSE TO CRITERION 2
FindinQ:
8. ORS 197 NEEDED HOUSING IN URBAN GROWTH AREAS requires cities to permit, in
one or more zoning districts, housing types that have been identified as needed.
Approval of this request would provide additional opportunity for the development of
needed manufactured homes.
RESPONSE TO CRITERION 3
(See above, under "Response to Criterion (a)" of the Applicable Criteria for Approval of Metro Plan
Amendment,)
APPLICABLE CRITERIA FOR APPROVAL OF ZONE CHANGE
Section 12.030 of the Springfield Development Code sets forth the following criteria for approval of
a zone change request,
(1) Consistency with the Metro Plan Text and Diagram and with applicable Refinement
Plan Text.
(2) That a minimum level of key urban services can be provided to the property prior to or
in conjunction with development; and
(3) Conflicts involving site specific natural resources and/or hazards as identified in the
Metro Plan have been satisfactorily resolved,
(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.
RESPONSE TO CRITERION 1
(See above, under "Response to Criterion (a)" of the Applicable Criteria for Approval of Metro Plan
Amendment, for findings demonstrating consistency with the Metro Plan.)
The Refinement Plan criteria for application of the LDR designation are as follows:
a.
b.
to large areas of land that are clearly single-family in character;
to areas that have not been seriously and directly affected by pockets of industrial and
commercial development;
to areas that are not located directly on Main Street;
to areas that are. designated exclusively for Low Density Residential (as opposed to
"Mixed-Use") on the Metro Plan.
c.
d.
FINDINGS PAGE 3
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Ordinance No. 5653
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Findino:
Findino:
Findino:
Findino:
9.
The subject property meets criteria b, and c. above, and if the Metro Plan designation
is changed to LOR, the site will also meet criterion d. above. Therefore, the request
is consistent with the applicable refinement plan text,
RESPONSE TO CRITERION 2
10, All key urban services are currently available.
RESPONSE TO CRITERION 3
11 . There are no identified natural resources or hazards associated with the site.
RESPONSE TO CRITERION 4
12.
Any future development of the adjacent LMI-zoned land will be subject to Site Plan
Review, thus providing an opportunity to address potential conflicts between the two
land uses,
FINDINGS PAGE 4