HomeMy WebLinkAboutNotice PLANNER 10/28/2009
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STATE 01; 'OREGON :, ", L, ,":: "',
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AFFID~VIT OF SERVIC~
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County of Lane
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, I, Brenda Jones, b~ing first duly sworn, do hereby de,poseand say as follqws:
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Istatethit " ani a se'cretClry f~rthe Pla~ning . [)iV,iS"ioflof.the 'Oe-lelqpmerit ..
ierVice~bep~rtment,City of Springfield, Qregon.' , " . '
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. I ,'state that in my ,6?PCl.~,ityas Secretary,ipreparedand ca:used to be
". 'rT;ailed copies pf Notice,of Adoption to DLCD tON2009~o6iJ14 '
A.doption, reSidenti~"prope~ ie~.one fromLDR to tviPR. (See ,
'. (lttactiment "A") on Octt;)ber28, -2009 addressed to (see Attachment "B"),
by causing said letters to be placed in a U.S_. mail box with postage fully
prepaid thereon.
2:
Brenda Jones
Planning Administrative Specialist
STATE OF OREGON, County of Lane
, {)()v ~ ;l~ , 2009 Personally appeared the above named Brenda Jones,
Administrative Specialist, who acknowledged the foregoing instrument to be their
voluntary act. Before me:
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OFFICIAL SEAL
DEYETTE KELLY
NOTARY PUBLIC. OREGON
COMMISSION NO. 420351
MY COMMISSION EXPIRES AUG, 15, 2011
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My Commission Expires: g/!S/ II
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Date Receive '-r /
Planner: AL
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DLCD
Notice of Adoption
TIllS FORM MUST BE MAILED TO'DLCD
WITHIN 5 WORKING DAYS AFTER THE FINAVDECISION ,
PER ORS 197.610, OAR CHAPTER 660 - DNISION 18
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Jurisdiction: City of Springfield Loci:1I file number: ZON2009-00014
Date of Adoption: October 6, 2009. .' , Date Mailed: October 28, 2009 .
. Was a Notice of Proposed Amendment (Forni 1) mailed to DLCD? YesDate: 7/20/2009
D Comprehensive Plan Text AmendmentD Comprehensive PI,an Map Amendment
. D Land Use Regulation Amendment . tgj, Zoning Map Amendment
D New Land Use Re~ulation D Other:
Summarize the adopted amendment. Do not u'se technical terms. Do not write "See Attached". .
A residential parcel located at 5940 Main Street in Springfield has been rezoned from Low Density Residential
(LDR) to Medium Density Residential (MDR) consistent with the adopted comprehensive plan (Metro Plan)
designation for the property. '
Does the Adoption differ from proposal? No, no explanation is necessary
Plan Map Changed from:
Zone Map Changed from: LOR
Location: 5940 Main Street, Springfield
Specify Density: Previous: 1-10 upa
Applicable statewide planning goals:
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19
~~DDDDDDD~D~D~DDDDD
to:
to: MOR
Acres Involved: 0.54
New: 11-20 upa
Was an Exception Adopted? DYES [gJ NO
Did DLCD receive a Notice of Proposed Amendment..
45-days prior to first evidentiary hearing?
If no, do the statewide planning goals apply?
If no, did Emergency Circumstances require immediate adoption?
[gJ Yes
DYes
DYes
DNo
[gJ No
[gJ No
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Date Received:~bt:~L
Planner: AL / v
OLCO file No.
Please list all affected State or Federal Agencies, Local Governments or Special Districts:
ODOT
Local Contact: Andy Limbird
Addres,s: 225 Fifth Street
City: Springfield . Zip: 97477-
Phone: (541) 726-3784 EXtension:
Fax Nu'i-nber: 541~726-3689
E-maii Address:alimbird@ci.springfield.or.us
. ADOPTION SUBMITTAL REQUIREMENTS.
This form must be mailed to DLCD within 5 workin!! davs after the final decision
, per ORS 197.610, OAR Chapter 660 - Division 18.
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L, . Send this Form and TWO Comnlete C(lI)i~s (docUments and maDS) oftheAdoDted Amendm~nt to:
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ATTENTION: PLAN AMENDMENT SPECIALIST
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DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT
635 CAPITOL STREET NE, SUITE 150 .
SALEM, OREGON 97301-2540
2. Electronic Submittals: At least one hard copy rimst be sent by mail or in person, 'or by emailing
larry .french@state.or.us,
3. Please Note: Adopted materials must be sent to DLCD not later than FIVE (5) working days
following the date of the fmal decision on the amendment.
4. Submittal of this Notice of Adoption must include the text of the amendment plus adopted fmdings
and supplementary information. \
5. The deadline to appeal will not be extended if you submit this notice of adoption within five working
days of the fmal decision, Appeals to LUBA may be filed within twenty-one (21) days of the date, the .
Notice of Adoption is sent to DLCD,
6, In addition to sending the Notice of Adoption to DLCD, you must notify persons who participated in the
local hearing and requested notice of the fmal decision.
7, Need More Copies? You can now access these forms online at http://www.Icd.state.or.us/. Please
print on 8-I/2xlll!'reen DaDer onlv. You may also call the DLCD Office at (503) 373-0050; or Fax
your request to: (503) 378-5518; or Email yourrequesttolarry.french@state.or.us - Attention: Plan
Amendment Specialist.
Updated March 17,2009
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Date Received:
Planner: AL
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BEFORE THE PLANNING COMMISSION
. OF THE
CITY OF SPRINGFIELD, OREGON
REQUEST OF ZONE CHANGE
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CASE NO. ZON2009--00014
FINDINGS, CONCLUSIONS,
AND RECOMMENDATION
NATURE OF THE APPLICATION
Zone change from Low Density Residential to Medium Density Residential for Assessor's Map
17-02-34-43, Tax Lot 800, municipally addressed as 5940 Main Street.
1. On May 11, 2009 the following application for a Zone Change was accepted:
Rezone approximately 0.54 acres of land from Low Density Residential to Medium
Density Residential, Case Number ZON2009-00014, Do~ Horton, applicant.
2, The application was-submitted in accordance with Section 5.4-105 of the Springfield
Development Code. Timely and sufficient notice of the public hearing, purSuant to
Section 5.2-115 of the Springfield Development Code, has been provided.
3. On October 6, 2009 a public hearing on the zone change request was held. The
Development Services Department staff notes including criteria of approval, findings and
recommendations, together with the testimony and submittals of the persons testifying at
that hearing have been considered and are 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 5.22-115 of the Springfield Development Code. This general finding is supported by
the specific findings of fact and conclusions in the attached staff report (Exhibit A) and at'tached
hereto.
ORDER
It is ORDERED by the Planning Commission of Springfield that Case Number ZON2009-00014,
Zone Change Request, be approved. This ORDER was presented to and approved by the
Planning Commission on October 6, 2009.
Plan'
ATTEST
AYES: W
NOES: f;I
ABSENT: ,
ABSTAIN: f}
Date ReceiV~d:_ /0/;-a/#07
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Planner: AL
Attachment S-l
ATTACHMENT 1
Staff Report and Findings
Planning Commission
Zone 'Change Request (Horton)
Hearing Date: October 6, 2009
Case Number: ZON2009-00014
. Applicant: Don Horton
Site: 5940 Main Street (Map 17-02-34-32, Tax Lot 800)
Request ..,
The application was submitted on May 11, 2009 and the public hearing on the matter of the Zone
Change request is scheduled for October 6, 2009. The City typically processes zoning requests
seeking redress of plan/zone conflicts on a quarterly basis.
Site Information/Background
The property that is the subject of the Zone Change request is located on the north side of Main
Street (Highway 126) opposite the intersection with South 59th Street. The Assessor's description of
the property is Map 17-02-34-32, Tax Lot 800. The subject property comprises approximately 0.54
acres and contains an existing single-family residential dwelling. Access to the site is provided by a
developed curb cut and paved driveway onto Main Street. Current zoning for the property is Low
Density Residential (LDR); however, the Metro Plan designation for this property and contiguous
properties to the north and east is Medium Density Residential (MDR). Some properties in the vicinity
of the subject site have been zoned MDR to achieve Plan/Zone conformity, Other nearby LDR
parcels could be rezoned to MDR on a case-by-case basis when application is made for more
intensive development or redevelopment of the property. . .
To facilitate site redevelopment, the property owner is required to apply for a,Zone Change for the
subject parcel in accordance with provisions of the Springfield Development Code (SDC). The current
Zone Change request is being processed as a Type .111 Zoning Map amendment. The applicant is
requesting rezoning of the property to MDR in order to allow for additional dwelling units to be ,
constructed on the property. The current LDR zoning does not permit a second detached dwelling i
being constructed on a single parcel.
Notification 'and Written Comments )
Notification of the October 6th Planning Commission public hearing was sent to aU property owners and
residents within 300 feet of the site on September 14, 2009. Notification was, also published in the
September 23, 2009 edition of The Register Guard. Staff responded to one telephone inquiry about the
proposal. No written comments were received.
Criteria of Approval
Section 5.22-100 of the SDC contains the criteria of approval for the decision maker to utilize during
review of Zoning Map amendment requests. The Criteria of Zoning Map amendment approval criteria
are:
SDC 5.22-115 CRITERIA
C. Zoning Map amendment criteria of approval:
1. Consistency with applicable Metro Plan policies and the Metro Plan diagram;
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, Planner: 'AL
Attachment 1-1
2. - Consistency with applicable Refinement Plans, Plan District maps, Conceptual
Development Plans and functional plans; and
3. The properly is presently provided with adequate public facilities, seNices and
transportation networks to support the use, or these facilities, seNices and transportation
networks are planned to be provided'concurrently with the development of the properly.
4. Legislative Zoning Map amendments that involve a Metro Plan Diagram amendment
shall:
a, Meet the approval criteria specified in Section 5.14-100; and
b. Comply with Oregon Administrative Rule (OAR) 660-012-0060, where
applicable.
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Prooosed Findirios In Suooort of Zone Chanoe Aooroval
Criterion: Zoning .Map amendment criteria of approval:
1. Consistency with applicable MetroPlan policies and the Metro Plan diagram;
,Findino: The proposed zone change is consistent with the Metro Plan text and diagram, which
designates the subject area as Medium Density Residential.
2. Consistency with applicable Refinement Plans, Plan District maps, Conceptual
Development Plans and functional plans;
Findino: There are no Refinement Plans or Conceptual Development Plans that are adopted
for this area of Springfield. The Metro Plan diagram remains ttie prevailing land use
Therefore, this criterion is not applicable. '
3. The property is presently provided with adequate public facilities, services and
transportation networks to support the use, or these facilities, services and
transportation networks are planned to be provided concurrently with the development of
the property.
Findino: The site proposed for Zone Change is already provided with the full range of public
. utilities and' services, and a fully developed transportation network (state highway) along the
property frontage.
4. Legislative Zoning Map amendments that involve a Metro Plan Diagram amendment
shall:
a. Meet the approval criteria specified in Section 5.14-100; and
b. Comply with Oregon Administrative Rule (OAR) 660-012-0060, where applicable.
Findino: The requested Zone Change would bring the site into compliance with the adopted
Plan diagram, and a Metro Plan diagram amendment is not proposed or warranted.
Therefore, this criterion is not applicable.
Conclusion: Staff has reviewed the application and supporting evidence submitted by the applicant
for the Zone Change request. Based on the above-listed criteria, staff recommend support for the
Attachment 1-2
Date Received:
Planner: AL
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request as the proposal meets the stated criteria for Zone Change approval and would bring the
property into conformity with the Metro Plan diagram.
Conditions of Approval
SDC Section 5.22-120 allows for the Approval Authority to attach conditions of approval to a Zone
Change request to ensure that the application fully meets the criteria of approval. The specific
language from the code section is cited below:
5.22-120
CONDITIONS
The Approval Authority may attach conditions as may be reasonably necessary in order to
allow the Zoning Map amendment to be granted.
Staff has reviewed the Zone Change request and supporting information provided by the applicant,
and conditions of approval are not warranted. Any future site development will be subject to the
provisions of the SDC for the applicable residential zoning district.
The Planning Commission may choose to apply conditions of approval as necessary to comply with
the Zone Change criteria.
Additional Approvals
The subject application is the first step for the applicant to proceed with development plans for the
subject site. Upon approval of the Zone Change request, the property will be in conformity with the
Metro Plan diagram and subject to the MDR provisions of the Springfield Development Code. An
application to place additional dwellings on the subject site then could be reviewed in accordance with
relevant provisions of the Development Code including but not liniited to Sections 3.2-200, 4.7-100
and 5.17-100, as applicable,
Date, Received: /i~-.
Planner: AL
Attachment 1-3
ADOPTED ZONING FOR SUBJECT SITE
5940 MAIN STREET, SPRINGFIELD (MAP 17-02-34-32, TL 800)
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Main Street (Highway 126)
5925 5937 5~51' 5975' 5987 / 5995 6005 6
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Aster Street
I Low Density Residential
. Medium Density Residential
. Community Commercial
. Public Land and Open Space
Neighborhood Commercial
. General Office
Date Received: I~!J~/;;.".,J
Planner: AL
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