HomeMy WebLinkAboutComments Miscellaneous 1/15/2010
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MEMORANDUM
CITY OF SPRINGFIELD
DATE OF HEARING: January 20,2010
TO:
Springfield Planning Commission
PLANNING COMMISSION
TRANSMITTAL
MEMORANDUM
FROM:
Andy Limbird, AIC Planner III
SUBJECT: Request for Zone Change Approval
Springfield Cemetery Acquisition, Applicant
ISSUE
The Planning Commission is requested to conduct a public hearing and decide whether or not to
approve a Zone Change request from Low Density Residential (LOR) to Public Land and Open Space
(PLO). The current residential zoning for the eastern portion of the Springfield Memorial Gardens
Cemetery is not consistent with provisions of the Development Code, because cemeteries and related
facilities are not a listed use in the LOR district.
DISCUSSION
The applicant is requesting the Zone Change for approximately 2.95 acres along the eastern edge of
the Springfield Memorial Gardens Cemetery located at 7390 McKenzie Highway. The current zoning
for the subject area is Low Density Residential (LOR), and the property is designated LOR in the
adopted Metro Plan. The applicant requests a Zone Change to Public Land and Open Space (PLO)
to accommodate existing and planned cemetery facilities and burial plots. The rezoning also will
accommodate a portion of the existing mausoleum building that encroaches beyond the PLO zoning
into adjoining LOR zoning. In accordance with Section 3.2-705 of the Springfield Development Code
(SDC), privately owned cemeteries are a listed use in the PLO District. Additionally, PLO zoning is
allowable in any Metro Plan land use designation including Low Density Residential (ref. SDC 37-
7058).
RECOMMENDATION: Staff recommends approval based on findings contained in the attached Staff
Report.
ACTION REQUESTED: Planning Commission approval of this Zone Change request (ZON2009-
00023) by motion.
ATTACHMENTS
Attachment 1: Staff Report and Findings
Attachment 2: Current and Proposed Zoning of Subject Site and Vicinity
Attachment 3: Applicant's Zone Change Request
Attachment 4: Planning Commission Final Order
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ATTACHMENT 1
Staff Report and Findings
Planning Commission
Zone Change Request (Springfield Cemetery)
Hearing Date: January 20, 2010
Case Number: ZON2009-00023
Applicant: Springfield Cemetery Acquisition LLC
Site: 7390 McKenzie Highway (Map 17-02-35-00, Tax Lots 3704, 3705 & 3706)
Request
The application was submitted on October 30, 2009 and the public hearing on the matter of the Zone
Change request is scheduled for January 20, 2010. The City conducted a Development Review
Committee meeting on the Zone Change request on December 1, 2009.
Site Information/Background
The property that is the subject of the Zone Change request is located on the south side of Main
Street where it transitions to McKenzie Highway at the eastern City limits. The Assessor's description
of the affected property is Map 17-02-35-00, Tax Lots 3704, 3705 and 3706. Overall, the Springfield
Memorial Gardens cemetery comprises approximately 31 acres and contains rows of burial plots with
associated facilities including internal driveways, a mausoleum, office building, and several accessory
buildings. Access to the site is provided by a developed driveway onto Main Street at the northwest
corner of the site. Current zoning for the cemetery property is a combination of Public Land and Open
Space (PLO) and Low Density Residential (LDR) along the eastern edge of the site. Most of the
cemetery land area is designated Parks and Open Space in the adopted Metro Plan diagram.
. However, the eastern edge of the land holding is zoned and designated LDR. In accordance with
SDC 3.2-705.B, the PLO District is permitted on properties designated for other land uses, including
residential.
The existing mausoleum building and other cemetery improvements encroach beyond the eastern
edge of the PLO zoning area into the adjoining LDR District. However, the current LDR zoning for a
portion of the operating cemetery area is incompatible with provisions of the Springfield Development
Code, because cemeteries and related facilities are not a listed use in residential districts. To
accommodate the existing and planned cemetery facilities, the applicant is requesting a Zone Change
for a 2.95 acre strip of land along the eastern edge of the cemetery; the eastern edge landholding will
retain the LDR zoning. The current Zone Change request is being processed as a Type III Zoning
Map amendment.
Notification and Written Comments
Notification of the January 20th Planning Commission public hearing was sent to all property owners and
residents within 300 feet of the site on December 29, 2009. Notification was also published in the
January 4th and 11th editions of The Register Guard. 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:
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Attachment 1-1
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SDC 5.22-115 CRITERIA
C. Zoning Map amendment criteria of approval:
1. Consistency with applicable Metro Plan policies and the Metro Plan diagram;
2. Consistency with applicable Refinement Plans, Plan District maps, Conceptual
Development Plans and functional plans; and
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.
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.
ProDosed Findincs In SUDDOrt of Zone Chance ADDroval
Criterion: Zoning Map amendment criteria of approval:
1. Consistency with applicable Metro Plan policies and the Metro Plan diagram;
Findinq: The proposed zone change is consistent with the Metro Plan text and diagram, which
designates the majority ofthe cemetery area as Parks and Open Space.
Findinq: The Metro Plan does not contain specific policies for public or private cemeteries.
However, in accordance with Policy H.2, park [and open space] standards adopted by the
applicable city and incorporated into the city's development code shall be used in local
development processes.
Findinq: In accordance with SDC 3.2-705.A.3, privately owned cemeteries are allowable in the
PLO District.
Findinq: In accordance with SDC 3.2-705.8, the PLO District is permitted on properties
designated other than Public and Semi-Public on the Metro Plan. The area requested for
Zone Change is designated LOR on the Metro Plan.
2. Consistency with applicable Refinement Plans, Plan District maps, Conceptual
Development Plans and functional plans;
Findinq: There are no Refinement Plans or Conceptual Development Plans that are adopted
for this area of Springfield. Therefore, the Metro Plan diagram remains the prevailing land use
plan diagram for this site. 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
Attachment ]-2
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transportation networks are planned to be provided concurrently with the development of
the property.
Findinq: The site requested 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. Future development of the eastern edge of the site (remaining LOR portion)
will be subject to a separate land use action.
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.
Findinq: The requested Zone Change would bring the site into compliance with provisions of
the adopted Metro Plan and the City's Development Code. Because PLO Zoning is allowable
in all Metro Plan land use designations, a Metro Plan diagram amendment is not required 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 recommends support for the
request as the proposal meets the stated criteria for Zone Change approval a,nd would bring the
property into conformity with provisions of the Metro Plan and the Springfield Development Code.
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 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 on either the cemetery
portion (zoned PLO) or the residential portion (zoned LOR) of the applicant's property will be subject
to the provisions of the SDC for the applicable 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. This initial action will accommodate existing and planned cemetery facilities and
buildings. Upon approval of the Zone Change request, the operating cemetery area will be in
conformity with the Metro Plan and subject to the PLO District provisions of the Springfield
Development Code (ref. SDC 3.7-700). Similarly, future development of the vacant LOR land on the
eastern edge of the property would be reviewed in accordance with relevant provisions of the
Development Code including but not limited to Sections 3.2-200 and 3.3-500, as applicable.
Attachment 1-3
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CURRENT ZONING FOR SUBJECT SITE
7390 MCKENZIE HIGHWAY, SPRINGFIELD (MAP 17-02-35-00, TL 3704, 3705 & 3706)
cKenzie Highwa
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D Low Density Residential
. Public Land and Open Space
D Neighborhood Commercial
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Plaf1r.e~ AL
Attachment 2-1
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PROPOSED ZONING FOR SUBJECT SITE
7390 MCKENZIE HIGHWAY, SPRINGFIELD (MAP 17-02-35-00, TL 3704,3705 & 3706)
cKenzie Highwa
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Area
Proposed
for
Zoning
Map
Amendment
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D Low Density Residential
. Public Land and Open Space
D Neighborhood Commercial
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Attachment 2-2
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PROPOSED ZONING FOR SUBJECT SITE
7390 MCKENZIE HIGHWAY, SPRINGFIELD (MAP 17-02-35-00, TL 3704, 3705 & 3706)
D Low Density Residential
. Public Land and Open Space
D Neighborhood Commercial
Data f:"eCel"eo.-!;Z~/Jolb
Planner: AL
Attachment 2-3
cKenzie Highwa
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ZONING MAP AMENDMENT APPLICATION
WRITTEN STATEMENT:
Applicant:
Springfield Cemetery Acquisition, LLC
PO Box 22210
Eugene, OR 97402
Property
Owner:
Springfield Cemetery Acquisition, LLC
PO Box 22210
Eugene, OR 97402
73'10
~ McKenzie Highway
Springfield, OR 97478
Property:
Tax Lots 3704, 3705, & 3706; Map 17-02-35-00
Applicant's'
Representative:
Bill Kloos
Law Office of Bill Kloos, PC
375 W. 4th, Suite 204
Eugene, OR 97401
541.954.1260
541.343.8702 fax
I. LAND USE REQUEST
This zone change application seeks a quasi-judicial zoning map amendment to change
the zoning for 2.95 acres on three tax lots, totaling 10.23 acres in size, from Low Density
Residential (LDR) zoning district to Public Land and Open Space (PLO) zoning district to
expand the Springfield Memorial Gardens eastward. The purpose of the request is two-fold.
First, the zone change will correct the zonmg for the area under and around part of the cemetery's
mausoleum, which was built over twenty years ago. Second, the zone change will provide
additional area for cemetery use, especially for the expansion of the Veterans' Gardens portion of
the cemetery. The application implements the existing expansion plans for Springfield
Memorial Gardens and continues to reserve future expansion areas under their existing zoning.
The zone change will expand the PLO zoning of the cemetery eastward one hundred
feet (100') eastward along most of the eastern boundary of the property. A portion ofthat zoning
area will extend the new zone line one hundred and fifteen feet (115') eastward. See Exhibit A,
Zoning Map Amendment survey prepared by D. Wellman Surveying L.L.C. for the exact
footprint of the zone change. Approval of this application will change the zoning for all of Tax
Lot 3704, and will change the zoning for portions of Tax Lots 3705 and 3706.
Date Heceived:
Planner: AL
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Attachment 3-1
Page 1 of 11 - Zone Change Application Written Statement
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Following approval of the zone change application, the property owners will prepare
and file applications to move the property lines and to replat the parcels so that Tax Lot 3702 will
correspond to the new PLO zoning footprint and that Tax Lots 3705 and 3706 will occupy the
remaining LDR-zoned area.
n. SITE CONTEXT,
Springfield Memorial Gardens is located on Main Street as it transitions to the
McKenzie Highway #126 in the Thurston area, See Exhibit B, Aerial View of Subject Property,
attached hereto. Springfield Memorial Gardens is an open lawn cemetery with few large
structures on the property. See Exhibit C, Site Photographs, attached hereto. The two prominent
buildings are the main office and the mausoleum located on eastern half of the cemetery
property. As shown on Exhibit A, the mausoleum was constructed straddling the property line
between tax lots 3702 and 3704. The "bump" in the new proposed zone line is to accommodate
the footprint of the parking area that surrounds the mausoleum (see Exhibit C Site Photographs)
and an appropriate setback.
'The cemetery is approximately twenty-two (22) acres in size, not including the area
located on tax lot 3704 under the mausoleum and parking lot. The proposal seeks to add 2.95
acres zoned to allow cemetery uses. The Springfield City limits runs along the eastern property
line of tax lots 3705 and 3706. The Urban Growth Boundary (UGB) is approximately one-half
mile south-east and east of the subject parcels.
The area around Springfield Memorial Gardens is primarily planned and zoned for low
density residential use. See Exhibit E, Metro Plan Diagram EXferpt and Exhibit F, Zoning Map
Excerpt, attached hereto, Immediately adjacent to the no~ comer of the cemetery is a parcel
zoned for neighborhood commercial use, Within a half mile of the cemetery are several other
parcels zoned for neighborhood commercial use, a fire station, a school and public parks. See
Exhibit F Zoning Map Excerpt.
m. CRITERIA FORAPPROV AL
The application must be consistent with Springfield Code, Section 5.22-100 Zoning
, Map Amendments. The applicable approval criteria are provided under SC 5.22-11 O.c.!
, through :3 and are presented below in bold, with the applicant's findings and conclusions
following in plain text.
SC 5.22-110.c.l Consistency with applicable MetroPlan Policies and the
'Metro Plan diagram;
Findings: The Metro Plan diagram shows an area designated Parks and Open Space at the
location of the Springfield Memorial Gardens, See Exhibit E, Metro Plan Diagram Excerpt. The
shape of that diagram appears to correspond to the current configuration of the cemetery. The
proposed zone change seeks to expand cemetery uses, under a PLO zoning designation, eastward,
into an area that appears to be designated for Low Density Residential use.
Attachment 3-2
Page 2 of 11 - Zone Change Application Written Statement
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Original Submittal
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The Metro Plan explicitly discusses cemetery use in the Parks and Open Space plan
designation:
"This designation includes existing publicly owned metropolitan and regional
scale parks and publicly and privately owned golf courses and cemeteries in
recognition of their role as visual open space." Metro Plan at II-G-9,
The Metro Plan also discusses how not all parks and open space uses are or can be identified on
the Metro Plan Diagram. Here, the Plan explains that these uses can also make up part ofthe
gross allocation of residential acres. Metro Plan at II-G-9.
When discussing the Residential plan designation, the Metro Plan explains:
"This category is expressed in gross acre density ranges. Using gross acres,
approximately 32 percent of the area is available for auxiliary uses, such as
streets, elementary ahd junior high schools, neighborhood parks, other public
facilities, neighborhood commercial services, and churches not actually shown on
the Metro Plan Diagram. Such auxiliary uses shall be allowed within residential
designations if compatible with refinement plans, zoning ordinances, and other
local controls for allowed uses in residential neighborhoods." Metro Plan at IT-G-
3.
Consequently, Parks and Open Space uses are allowed in the Residential plan
designation, as part of the 32 percent area for auxiliary uses; so long as the auxiliary use is
compatible with refinement plans, zoning ordinances and other local controls. When falling
within the above parameters, the PLO zoning designation is an implementing zone for the
Residential plan designation.
Here, there are no applicable area refmement plans or relevant "other local controls."
The Springfield Zoning Ordinance does not allow cemeteries in the Low Density Residential
zoning district, but does allow them in Public Land and Open Space zoning district Because the
application requests a zoning map change to PLO, the proposal is compatible with the zoning
ordinance and is consistent with the Metro Plan diagram and those portions of the plan that
discuss land use designations.
There is also a second basis for concluding that the application is consistent with the
Metro Plan diagram. The Metro Plan diagram expressly states that it is valid only when it is
printed to Ilxl7 inch scale. See Metro Plan Diagram, Metro Plan at II-G-17. When printed at
Ilxl7 inches, the diagram is scaled at I inch equals 7,000 feet (l" = 7000'). The diagram states
that the current plan designation for specific parcels should be confirmed with the appropriate
governmental entity. The Metro Plan explains that the diagram is parcel specific only in certain
cases, which include:
"I. Parcels shown on the Metro Plan Diagram within a clearly identified Plan
designation, Le., parcels that do not border more than one Plan designation;
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Original Submittal
Page 3 of 11 - Zone Change Application Written Statement
Attachment 3-3
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"2. Lands outside the UGB within the Metro Plan boundary;
"3. Parcels with parcel-specific designations adopted through the citizen-initiated
Plan amendment process;
"4. Parcels shown on a parcel-specific refinement plan map that has been adopted
as an amendment to the Metro Plan Diagram." Metro Plan at G-II-2.
The parcels in question border more than one Plan designation, there is no applicable
parcel-specific refinement plan map for the area, and no parcel-specific designations have been
adopted for the parcels. Consequently, the Metro Plan diagram is not necessarily specific for
these parcels and is subject to interpretation by the city. As the plan explains:
"[T]he boundaries of Plan designation areas in the metropolitan UGB are
determined on a case-by-case basis, where no parcel-specific designation has been
adopted." Metro Plan at II-G-2.
Here, it is reasonable to conclude that since the mausoleum building has been in place
since at least 1987 and the latest version of the Metro Plan diagram was adopted after that date,
the Parks and Open Space plan designation was intended to include those portions of the subject
properties either in cemetery use or intended for cemetery use.
If that is the case, then the application request for PLO zoning is consistent with the
underlying Parks and Open Space plan designation and is consistent with the Metro Plan
Diagram.
This approval standard also requires consistency with Metro Plan Policies. Applicable
Metro Plan policies are presented and addressed immediately below.
Residential Land Element Policy A.l: Residentially designated land within the UGH should
be zoned consistent with the Metro Plan and applicable plans and policies; however,
existing agricultural zoning may be continued within the area between the city limits and
the UGH until rezoned for urban uses.
Findings: As discussed above, the Metro Plan recognizes that approximately 32 percent of the
gross area designated Residential will be put to accessory uses, to include those uses that can be
included in a Parks and Open Space plan designation if done consistent with the local zoning
ordinance. Given this framework, the proposal requests zoning that is consistent with the Metro
Plan for areas planned residential.
Conclusions: The proposal complies with this Metro Plan policy.
Environmental Design Element Policy E5: Carefully develop sites that provide visual
diversity to the urban area and optimize their visual and personal accessibility to residents.
Findings: This proposal seeks to convert an area that would otherwise be put to low density
residential use into expanded cemetery uses. The Metro Plan recognizes that emeteries provide
Attachment 3-4
Page 4 of 11 - Zone Change Application Written Statement
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visual, open space diversity to the urban landscape. This is 'particularly true of open lawn
cemeteries like Springfield Memorial Gardens. Given that the area surrounding the cemetery is
either in residential use or will be developed with residential uses in the future, the expanded
cemetery will continue to provide open space visual diversity from the surrounding residential
development for residents.
Conclusion: The proposal complies with this Metro Plan policy.
Transportation Element Policy F.14: Address the mobility and safety needs of motorists,
transit users, bicyclists, pedestrians, and the needs of emergency vehicles when planning
and constructing roadway system improvements.
Findings: The proposed zoning map amendment will not provide for the type of use where
additional roadways will be developed, either within the property or to support the permitted
uses. Circulation within Springfield Memorial Gardens takes place on low-speed, low-traffic
volume drive ways. City roadway system improvements are not needed to support expansion of
the cemetery uses.
The zoning map amendment will reduce future traffic counts from those that would
result from development under the current Low Density Residential zoning. Traffic volumes to
Springfield Memorial Gardens should not change, as the greatest rate of vehicle trips to the
cemetery arises during funerals. The increase in cemetery land area does not result in an increase
in the number of funerals in any given time period, but simply provides for an increased capacity
for interment in the cemetery over the long term.
Conclusion: The proposal complies with this Metro Plan policy.
Conclusion: Based upon the above analysis the proposal complies with SC 5.22-115.c.1.
SC 5.22-115.c.2. Consistency with applicable Refinement Plans, Plan
District maps, Conceptual Development Plans and functional plans; and
Findings: The subject parcels are located in the Thurston area of Springfield. There is no
Thurston area refinement plan or Plan District map.
The subject parcels are not subject to any conceptual development plans.
Relevant functional plans include TransPlan, the Eugene-Springfield Metropolitan Area Public
Facilities and Sewer Plan, and the WiIIamalane 20- Year Park and Recreation Comprehensive
Plan.
TransPlan
TransPlan is the Eugene-Springfield area's transportation system plan (TSP) and is a functional .
refinement plan to the MetroPlan. Policies from TransPlan have been incorporated into the
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Planner: AL
Page 5 of 11 - Zone Change Application Written Statement
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. MetroPlan. Consequently, relevant policies have been addressed above under SC 5.22-115.c.1.
Relevant TransPlan policies have been incorporated into the Metro Plan and were addressed
above.
Eugene-Springfield Metropolitan Area Public Facilities and Services Plan
Similar to TransPlan, the Eugene-Springfield Metropolitan Area Public Facilities and Services
Plan is a functional refinement plan to the MetroPlan, which incorporates policies provided in the
refinement plan.
The public facilities and services policies are generally directives to local governments to guide
planning and infrastructure development decisions. They are generally not applicable to site-
specific quasi-judicial decisions, especially when those proposals, like this one, will have no
impacts on facilities and services and will require no improvements to the facilities and services.
'Consequently, none of the public facilities and services policies are relevant to this proceeding.
WillamaIane 20-Year Park and Recreation Comprehensive Plan
The Willamalane 20- Y ear Park and Recreation Comprehensive Plan ("Willamalane Plan") is the
city's functional plan for providing parks and recreational facilities and services. While the plan
does not address cemeteries and cemeteries are not considered recreational facilities, the
MetroPlan recognizes the value of cemeteries as as open space and individuals use them for low-
intensity recreational uses such as walking.
Policy A3 at page 23 of the Willamalane Plan provides:
"Work with the City to encourage the private provision of quality parks, urban
plazas, trails, linear parks, rooftop open space, and other amenities in private
developments, where consistent with the goals and standards of this Plan, the
provisions of the Springfield Development Code, and other applicable codes and
standards. "
An open-lawn cemetery that is open to the public can be considered an "other amenity in private
developments" used in this policy. This proposal seeks to expand the current cemetery use, to
include an additional 2.95 acres, which will continue the open space character of the site.
The Willamalane Plan proposes additional recreational facilities in the general area under the
designation E5 on its planning maps. The E5 area includes the properties along the city limits
and within the UGB, south of the McKenzie Highway, in east Springfield. The Willamalane
Plan envisions a neighborhood park and a natural park for the area. See pages 43 and 47. While
the proposed use will not fulfill these needs, it will offer an open space environment in the
interim period until the desired recreational facilities are devdoped.
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Page 6 of 11 - Zone Change Application Written Statement
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Conclusion: The proposal complies with SC 5.22-115.c.2.
SC 5.22-115.c.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.
Findings: Key urban facilities and services are defined in the Metro Plan as: wastewater service;
stormwater service; transportation; water service; fire and emergency medical services; police
protection; City-wide parks and recreation programs; electric service; land use controls;
communication facilities; and public schools on a district-wide basis. See Metro Plan, page V-3.
The full range of key urban facilities and services listed by this standard either already
serve the subject property or can be reasonably extended.
Wastewater Service: Wastewater service is already provided to the cemetery. An
existing major wastewater system pipe runs along South nnd Street. This rezone from
residential to cemetery use will reduce the potential future demand for wastewater service and
will only add demand for wastewater services if structures are built on the rezoned areas. No
structures are anticipated at this point for those areas.
Stormwater Service: The subject parcel is within an existing system catchment basin
that adequately serves the subject property. The city's Stormwater Master Plan shows
stormwater lines along the McKenzie Highway and on South nnd Street. The Stormwater
Master Plan also shows proposed improvements (CIP 7, Reach #8) to the piped system that runs
along the northern property line of the cemetery to increase capacity of the system to
accommodate development of parcels that lie east of the cemetery.
Transportation: The area subject to the zone change application will ultimately
become part of the Springfield Memorial Gardens and will be served through the cemetery's
internal road network. Springfield Memorial Gardens has existing access onto the McKenzie
Highway #126 (Main Street). McKenzie Highway is classified as a principal arterial in
TransPlan. This transportation network is adequate to support the proposed use.
Water Service: Adequate water service to the property is already provided by SUB.
The rezone from residential to cemetery uses will reduce the overall, long-term demand for
public water service that would have arisen ifthe property had been developed for residential
uses. Water service to the property is currently adequate for any expanded cemetery needs.
Fire and Emergencv Medical Services: The property is served by the City of
Springfield and the Springfield Department of Fire and Life Safety. A fire station is located
approximately Y, mile west of the cemetery. Those facilities are adequate to support the
proposed use. .
Police: The City of Springfield provides police service to the pr erty.
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Planner: AL ;= Attachment 3-7
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Page 7 of 11 - Zone Change Application Written Statement
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Citv- Wide Parks and Recreation: The proposed zone change will reduce the demand
for local and city-wide parks and recreation services and facilities due to the nature of cemetery
uses. The Willamalane 20- Y earPark and Recreation Comprehensive Plan, Map 6 Community
Park Service Areas, shows that the subject property is well served by existing community parks.
The primary neighborhood park that serves the area is the Lively Memorial Park that includes a
swim center. Closer to the cemetery property is a sports park, Bob Artz Memorial Park. The
closest local park is the Jessie Maine Memorial Park on South 69th Street. The subject property is
presently provided with adequate parks and recreation services and facilities.
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Electric Service: SUB provides electrical services to the cemetery property that are
adequate to accommodate cemetery uses on the subject property.
Land Use Controls: The subject property is within the Springfield city limits and the
property is subject to the citY's land use controls.
Communication Facilities: Adequate telecommunication services currently serve the
. subject property. The uses that will arise from the proposed zone change will not increase the
demand for communications facilities.
District-Wide Public Schools: The property is within the Springfield school district.
Because the proposal is to rezone the property from a zone that allow residential use to one that
allows cemetery use, the proposal will reduce the potential burden on public schools because of
the nature of the proposed use. Consequently, the public school facilities and services are
adequate given the nature of the proposed rezone.
Conclusion: The proposal complies with SC 5.22-115.c.3.
. SC 5.22-115.c.4. Legislative Zoning Map amendments that involve a Metro
Plan Diagram amendment shaD:
a. . Meet the approval criteria specified in Section 5.14-100; and
b. Comply with Oregon Administrative Rule (OAR) 660-012-0060,
where applicable.
Findings: This application is for a quasi-judicial zoning map amendment; it is not a legislative
zoning map amendment that involves a Metro Plan Diagram amendment. Consequently, this
standard is not applicable to this application.
Conclusion: The proposal complies with EC 9.8865(4).
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Date! Received:~';/;"JO ,"
Planner: AL Attachment 3-8
Page 8 of 11 - Zone Change Application Written Statement
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Goal 12 Transportation
Because the zone change application will result in a change to the zoning map,
caselaw has established that the proposal represents an amendment to a land use regulation.
Therefore, the Goal 12 Transportation Planning Rule (TPR), OAR 660, division 12, must be
addressed,
Relevant portions of OAR 660-012-0060 provide:
(1) Where an amendment to a functional plan, an acknowledged
comprehensive plan, or a land use regulation would significantly affect an
existing or planned transportation facility, the local government shall put in
place measures as provided in section (2) of this rule to assure that allowed
land uses are consistent with the identified function, capacity, and
performance standards (e.g. level of service, volume to capacity ratio, etc.) of
the facility. A plan or l~d use regulation amendment significantly affects a
transportation facility if it would:
(a) Change the functional classification of an existing or planned
transportation facility (exclusive of correction of map errors in an adopted
plan);
(b) Change standards implementing a functional classification system; or
(c) As measured at the end of the planning period identified in the adopted
transportation system plan:.
(A) Allow land uses or levels of development that would result in types or
levels of travel or access that are inconsistent with the functional
classification of an existing or planned transportation facility;
(B) Reduce the performance of an existing or planned transportation facility
below the minimum acceptable performance standard identified in the TSP
or comprehensive plan; or
(C) Worsen the performance of an existing or planned transportation facility
that is otherwise projected to perform below the minimum acceptable
performance standard identified in the TSP or comprehensive plan.
(2) Where a local government determines that there would be a significant
effect, compliance with section (1) shall be accomplished through one or a
combination of the following:
(a) Adopting measures that demonstrate allowed land uses are consistent
with the planned function, capacity, and performance standards of the
Attachment 3-9
. Datefeceived:
OCT ~~200: w'
Original SUbmitta~
Page 9 of 11 - Zone Change Application Written Statement
Date Received:~i)#'.
Planner: AL
.
..
transportation facility.
(b) Amending the TSP or comprehensive plan to provide transportation
facilities, improvements or services adequate to support the proposed land
uses consistent with the requirements of this division; such amendments shall
include a funding plan or mechanism consistent with section (4) or include an
amendment to the transportation fmance plan so that the facility,
improvement, or service will be provided by the end of the planning period.
(c) Altering land use designations, densities, or design requirements to reduce
demand for automobile travel and meet travel needs through other modes.
(d) Amending the TSP to modify the planned function, capacity or
performance standards ofthe transportation facility.
(e) Providing other measures as a condition of development or through a
development agreement or similar funding method, including transportation
system management measures, demand management or minor transportation
improvements. Local governments shall as part ofthe amendment specify
when measures or improvements provided pursuant to this subsection will be
provided.
Findings: This application seeks to change 2.95 acres from Low Density Residential zoning to
Parks and Open Space zoning to allow cemetery uses. This represents a down-zone of the
property and will result in a substantial reduction in traffic impacts that could arise from the
allowed uses under the new zone.
Goal 12 and the Goal 12 rule are not implicated by this application. The uses and densities that
will be allowed under the proposed Public Land and Open Space (PLO) zoning will reduce the
demand for traffic facilities that would otherwise have been needed to serve the subject property
if it had been developed with residential uses under Low Density Residential (LOR). This is
particularly so given that the land will be converted into cemetery use and will be subject to
statutory limitations regarding cemetery operations. In Mason v. City of Corvallis, 49 Or LUBA
199,222 (2005), LUBA held that the Goal 12 rule is not triggered when a zone change will result
in less vehicular traffic than would be generated from allowed uses under the unamended zoning.
See also, Marine Street LLC v. City of Astoria, 37 Or LUBA 587, 594 (2000)( In circwnstances
where proposed changes to a land use regulation will not increase potential traffic inipacts on the
transportation system, such changes do not "significantly affect a transportation system" within
the meaning of OAR 660-012-0060(2).).
Conclusion: The proposal is consistent with the Goal 12 rule.
Page 10 of 11 - Zone Change Application Written Statement
Date. Received: I~. ~J'
Planner: AL 77d. Attachment 3-10
-.
'.
IV. CONCLUSION
For the reasons provided above, the city should approve this zone map amendment
application.
Exhibits:
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Zoning Map Amendment survey prepared by D. Wellman Surveying L.L.C.
Aerial View of Subject Property
Site Photographs
Assessor's Map -
_ Metro Plan Diagram Excerpt
Zoning Map Excerpt
Original Submitta ~_._
Page 11 of 11 - Zone Change Application Written Statement
Date Received: /s;~'o . --
P!anner: I~L Attachment 3-11
.ONING MAP AMENDMENT\.e EXHIBIT A
SOUTH SIDE OF MAIN ST. EAST OF 72ND STREET
JULY 23, 2009
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Tl-lE PROPOSED EXISTING USE PATlERNS ENCOURAGE
A CHANGE IN BOTH ZONING AND PROPERTY LINES
AS SHOWN.
THE OWNERS WISH TO BOTH RECTIFY
EXISTING CONFLICTING USE PATTERNS AND
FURTHER DEVELOP THE AVAILABlE RESIDENTIAL
PARCEL IN THE FUTURE.
THERE ARE TWO LARGE BUILDINGS ON THE SITE AS SHOWN.
THE MAUSOLEUM IS ACROSS THE CURRENT SUBOIV1SION/
ZONING LINE.
THE NEWLY CONFIGURED WESTERLY AREA OF FIRST
ADDITION TO SPRINGFIELD MEMORIAL CEMETERY TO
BE PLATTED FOR CEMETERY IN THE fUTURE.
ZONING OF FIRST ADDITION TO SPRINGFIELD
MEMORIAL CEMETERY AND SPRINGFiElD MEMORIAL
CEMETERY IS PARKS AND OPEN SPACE (p /0) ~
ZONING EAST OF FIRST ADDITION TO SPRINGfiELD
MEMORIAL CEMETERY IS CURRENTLY LOW DENSITY
, RESIDENTlAL (lOR). .
I Date Received:.-";0- /.;>0/0
Planner: AL /
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MAP NO. 17-02-35
TAX LOTS 3702,3704, 3705, & 3706
ZONING MAP AMENDMENT
SECTION 35, T17S, RZW, WM.
SPRINGFIElJJ, LANE COUNTY, OREGON
CLIENT:
MUSGROVE HOLDINGS, LLC
D. WELLMAN SURVEYING L,L.C.
90686 NORTHROP DRIVE
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Aerial View of Property
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Date RecaiveCi:.-L !~~/L- Attachment 3-14
Planner: AL ;'
OCT 3 2009
Original Su ittal~___
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3. Main office to the left; mausleum center behind trees.
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4. East end of mausoleum. The fronVside corner is on the property line. OCT 0 2009
The part of the building in shade and the parking lot is on the adjacent parcel. 'J Y'
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Date Hece!ved:~_JI" 0
Planner: AL
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5. Looking north towards Veterans' Gardens along the service drive.
The property line runs along the east (right) edge of the road.
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6. Looking at the eastern edge of Veterans' Gardens and the
Date Received. . groomed area proPos~~~~hc~~~le~1~xpansion. Original S mittal ax. __
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EXHIBIT E
Metro Plan Diagram Excerpt - Springfield Memorial Cemetery
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Zoning Map Excerpt - Springfield Memorial Gardens
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OCT 3
Original Su miltaLL7L
"
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.
BEFORE THE PLANNING COMMISSION
OF THE
CITY OF SPRINGFIELD, OREGON
REQUEST OF ZONE CHANGE
+
+
+
CASE NO, ZON2009-00023
FINDINGS, CONCLUSIONS,
AND RECOMMENDATION
NATURE OF THE APPLICATION
Zone change from Low Density Residential to Public Land and Open Space for a portion of
Assessor's Map 17-02-35-00, Tax Lots 3704, 3705 & 3706, municipally addressed as 7390
McKenzie Highway,
1. On October 30, 2009 the following application for a Zone Change was accepted:
Rezone approximately 2.95 acres of land from Low Density Residential to Public Land
and Open Space, Case Number ZON2009-00023, Springfield Cemetery Acquisition
LLC, 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 ofthe Springfield Development Code, has been provided.
3. On January 20,2010 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 revised
zoning diagram (Exhibit B) attached hereto.
ORDER
It is ORDERED by the Planning Corrimissionof Springfield that Case Number ZON2009-00023,
Zone Change Request, be approved. This ORDER was presented to and approved by the
Planning Commission on January 20,2010.
Planning Commission Chairperson
ATTEST
AYES:
NOES:
ABSENT:
ABSTAIN:
Date: Received: j)S;~/O
Planner: AL
Attachment 4-1