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HomeMy WebLinkAboutOrdinance 5653 09/21/1992 . . . : ' , ' 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, ,I ; "Ii" " ' 'I," , '!',l 1 ~ ' !, , 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. '; :'11t; '1 'r> ! 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. . . . 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. , L 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. \3 ;g/?I(Cz~~ Mayor ATTEST: I i' ! :' '. I; " ~ , I','" "1- . ,. I ! REVIEWED & APPROVED AS jO FORM ~_Q~.l~r:T) ~ L~~\, DATE: <; E- rr\' .2.. 'S \ \'1 ~ 2- OFFICE OF CITY ATTORNEY CITY OF SPRINGFIELD . ) f~.. cr- geJr_ Main 5t -- --:;=-- --or E E EB: ~ - TllJJ - \ L -g -- - (/) TN _"0 _ ~.=rI- =-; -- == b~ T ~uiaSt -- ~_ =_ Em Da~St E~- _ - -T- Aster 5t --.. ~J- .... (/) k- .... ..,.. ..,.. __0 (/) --- " j ~ r....~ . . Mt Vernon 5t ,CITY LIMITS --'J ] . . . . . Q~ . AREA OF CHANGE NORTH L_.L:-U IT r:::-:l'~~.I-~... ~r .! "", '(' . .-.j ! , , SCALE: 1 ft - 400' ~ Jasper Rd . "---I II \ \ l11lil- . . , Ordinance No. 5653 , Page 4 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 . . . 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 . . . 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 . . . Ordinance No. 5653 'Page 7 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