HomeMy WebLinkAboutCorrespondence PLANNER 5/18/2010
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MEMORANDUM
CITY OF SPRINGFIELD
DATE OF HEARING:
May 18, 2010
TO:
Springfield Planning Commission
TRANSMITTAL
MEMORANDUM
FROM:
Steve Hopkins
SUBJECT:
Zoning Map Amendment from LMI to HI
ISSUE:
The applicant is requesting a zone change from LMI (Light Medium Industrial) to HI (Heavy Industrial) to resolve
a Plan/Zone conflict.
DISCUSSION:
This is a city-sponsored Zoning Map Amendment to correct a conflict between the Metro Plan and the zoning
district. The Plan/Zone conflict exists at 945 28th Street. It is a 2.5 acre property containing three vacant
structures. The Metro Plan designates this area as Heavy Industrial, but the property is zoned LMI (Light
Medium Industrial). There is no Refinement Plan for this area. According to the applicant, this zone change will
make the property more marketable and easier to sell.
Based on comments from the service providers, the site contains adequate public infrastructure to serve the
uses in the HI zone. .
ACTION REQUESTED:
The Planning Commission shall determine whether the proposed zoning map amendment complies with the
approval criteria found in Section 5.22-115 of the Springfield Development Code. The Commission may
approve, approve with conditions, or deny the request.
ATTACHMENTS:
Attachment 1: Staff report containing findings of fact and conclusions law to support approval of the application.
Attachment 2: Order for approval of the zone change.
Attachment 3: Comments from Public Works Engineering received March 16,2010.
Attachment 4: Comments from the Deputy Fire Marshal received March 16, 2010.
Attachment 5: Comments from Public Works Transportation Planning, received March 16,2010.
Attachment 6: Comments from Springfield Utility Board Water Division, received March 15, 2010.
Attachment 7: Applicant's original submittal dated February 19, 2010.
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STAFF REPORT - ZONING MAP AMENpMENT
Hearing Date: May 18, 2010
Project Proposal: Zoning Map Amendment
Case Number: ZON2010-00003
Proj ect Location: 945 28th Street
Property size: 2.5 acres
Map and Tax Lots: 1702310001100; 1702310001101; 1702310001000; 1702312202300
Base Zone: LMI (Light Medium Industrial)
Overlay District(s): none
Metro Plan Designation: Heavy Industrial
Refinement Plan: none
Application Submitted Date: Feb 19, 2010
Other Application(s): none
Staff: Steve Hopkins, AICP, Planner II
Applicant/Owner: Steve Wilhelm, Brownfields Land & Development, LLC. 3122 Stahlbush
Island Rd. Corvallis OR 97330.
Summary
This is a city-sponsored Zoning Map Amendment to correct a conflict between the Metro Plan
and the zoning district The Plan/ Zone conflict exists at 94528th Street. It is a 2.5 acre property
containing three vacant structures. The Metro Plan designates this area as Heavy Industrial, but
the property is zoned LMI (Ught Medium Industrial). There is no Refinement Plan for this
area. According to the applicant, this zone change will make the property more marketable and
easier to sell.
The zoning district and land use designation for this site have, not changed since they were first
established by adoption of the Metro Plan in 1980. At that time, the LMI zone was used to
buffer the residential area from the industrial are to the east Although the designation is
Heavy Industrial, SDC 3.2-405(C) states that less intensive industrial uses that are permitted in
the LMI District are also permitted in the HI district. This allowed the application of the LMI
zone in an area that was designated Heavy Industrial.
The major difference between the LMI and HI zoning districts is the severity of the external
impacts generated by the uses that are allowed in each district. The HI district allows uses that
require more outside activity, and generate more noise and odors. These uses include, but are
not limited to, asphalt batch plants and recycling centers. In addition, the HI zone allows uses
that tend to use larger and heavier vehicles, but produce fewer vehicle trips. The LMI zone
allows uses that tend to use smaller vehicles, but generate more frequent vehicle trips. Refer to
the comments from Jon Driscoll, received on March 16, 2010.
Attachment 1-1
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Comments from service providers. Based on comments from the service providers, the site
contains adequate public infrastructure to serve the uses in the HI zone.
o The Springfield Utility Board does not object to this zone change. Refer to the letter
received March 15, 2010.
o The Fire Marshall does not object to this zone change. Refer to the email received March
16, 2010.
o The Engineering Division of the City Public Works Dept. does not object to this zone
change. Refer to the email from Eric Walter, received March 16, 2010.
o The Transportation Planning Division of the City Public Works Dept. does not object to
this zone change. Refer to the letter from Jon Driscoll received March 16, 2010.
The Commission should take public testimony and determine if the zone change is appropriate
for this site. The Commission has three options:
1. approve as recommended, Or
2. approve but add/ modify conditions based on testimony at the hearing, or
3. deny the application.
Staff recommends approval of the Zone Change. The attached order reflects that
recommendation. If the Commission chooses to deny the application, the order will need to be
revised to support that decision. In that case, the Commission should close the hearing and
move the item to the next public hearing !Tune 1). The revised order will be presented to the
Commission on that date.
Public Comments
No written public comments have been received as of the date of this report.
Procedural items
o On March 11, 2010, mailed notice of the public hearing was sent to DLCD.
o On March 16. 2010, the City's Development Review Committee reviewed the
application. City staff's review comments have been reduced to findings and conditions
as necessary to demonstrate compliance with the Zoning Map Amendment Criteria of
Approval contained in SDC 5.22-115.
o Notice of the public hearing was sent to adjacent property owners/ occupants within 300
feet of the subject site on April 19, 2010. The applicant and parties submitting testimony
at the public hearing have appeal rights and are mailed a copy of this decision for
consideration.
o Notification was published in the Register Guard on April 26, 2010.
Attachment 1-2
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SDC 5.22-115 Zoning Map Amendment Approval Criteria
A. Quasi-judicial Zoning Map Amendments. The Planning Commission or Hearings
Official may approve, approve with conditions or deny a quasi-judicial Zoning Map
amendment based upon approval criteria Cl. through 3., below. The Planning ConUnission
or Hearings Official shall make the final local decision on all quasi-judicial Zoning map
amendments that do not include a Metro Plan diagram amendment.
Finding: This is a quasi-judicial Zoning Map Amendment. It involves the application of
existing policy to a specific factual setting affecting a single property, and does not include a
Metro Plan diagram amendment. Quasi-judicial Zoning Map amendments are reviewed using
the Type III procedure (a public hearing before the Planning Commission).
B. Legislative Zoning Map Amendments and Quasi-judicial Zoning Map Amendments
Raised to a Type IV Review. The Planning Commission or Hearings Official may J:!1ake a
recommendation to the City Council to approve, approve with conditions or deny Zoning
Map amendments and Metro Plan diagram amendments based upon approval criteria in
Subsection C 1. through 4., below. The City Council shall make the final local decision on all
Zoning Map amendments involving a Metro Plan diagram amendment.
Finding; This application does not involve a change to the Metro Plan diagram and is not a
legislative amendment.
C Zoning Map amendment criteria of approval:
1. Consistency with applicable Metro Plan policies and the Metro Plan diagram;
Finding: The proposed zone change will not impact to the Commercial & Industrial
Buildable Lands (CIBL) Inventory associated with the Springfield 2030 Plan. That
inventory is based on the land use designations contained in the Metro Plan. It is not
based on the zoning districts.
Finding: The Metro Plan diagram shows this area contains a mix of land use
designations. Refer to Map #1.
Finding: The area contains a mix of zoning districts. Refer to Map #2.
Attachment 1-3
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Map 1: Metro Plan Designation
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Legend
f.1etro Pial Designation
_ Heavy Industrial I
Ught Medium Industrial j
low Density Residential .!
Medium Density Residentia
Map 2: Zoning Districts
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Brownfields Zone Change
May 2010
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D Brownfield Site !
Zoning district
Heavy Industrial
Slight Medium Industrial
: Lcm Density Residential
Medium Density Residentia
Attachment 1-4
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Finding: Page II-G-6 of the Metro Plan defines the Light Medium Industrial designation
as:
"This designation accommodates a variety of industries, including those
involved in the secondary processing of materials into components, the
assembly of components into finished products, transportation,
communication and utilities, wholesaling, and warehousing. The external
impact from these uses is generally less than Heavy Industrial,,: and
transportation needs are often met by truck. Activities are generally
located indoors, although .there may be some outdoor storage.' This
designation may also accommodate supporting offices and light industrial
uses, local regulations permitting."
Finding: Page II-G-6 of the Metro Plan defines the Heavy Industrial designation as:
"This designation generally accommodates industries that process :large
volumes of raw materials into refined products and/or that ,have
significant external impacts. Examples of heavy industry include: luinber
and wood products manufacturing; paper, chemicals and primary metal
manufacturing; large-scale storage of hazardous materials; power plants;
and railroad yards. Such industries often are energy-intensive" and
resource-intensive. Heavy industrial transportation needs often inClude
truck and rail. This designation may also accommodate light and medium
industrial uses and'supporting offices, local regulations permitting."
Finding: SDC 3.2-405(B) defines the LMI zone. It states:
"Light-Medium Industrial District (LMI). LMI uses are generally involved
in the secondary processing of materials into components, the, assemoly of
components into finished products, transportation, communication and
utilities, wholesaling, and warehousing. The external impact from these
uses is generally less than Heavy Industrial, and transportation needs are
often met by truck. Activities are generally located indoors, although there
may be' some. outdoor storage. This designation also can accommodate
supporting offices and CI industrial uses."
Finding: SDC 3.2-405(C) defines the HI zone. It states:
"Heavy Industrial District (HI). HI uses are generally involved in the
processing of large volumes of raw materials into refined materials and/ or
that have significant external impacts. Heavy Industrial transportation
needs often include rail and truck. Examples of these uses are: lumber and
wood products; paper; chemicals and primary metal manufacturing; large-
scale storage of hazardous materials; power plants; and railroad yards. Less ,
intensive industrial uses that are permitted in the LMl District are also
permitted in this district."
Finding: The Metro Plan designates this area as Heavy Industrial, but the property is
zoned LMI (Light Medium Industrial). Based on the definitions contained in the
Springfield Development Code, the most appropriate zoning district for this site is HI
(Heavy Industrial).
Attachment 1-5
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2. Consistency with applicable Refinement Plans, Plan District maps, Conceptoal
Development Plans and functional plans; and
Finding: There are no applicable Refinement Plans, Conceptual Development Plans or
functional plans for this area.
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.
Finding: Based on the comments of the public service providers, the site is provided
with adequate public facilities and services to support the uses allowed in the HI zone.
4. Legislative Zoning Map amendments that involve a Metro Plan Diagram am.endment
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.
Finding: This criterion is not applicable because this is a quasi-judicial Zoning,Map
Amendment. It involves the application of existing policy to a specific factual setting
affecting a single property, and does not include a Metro Plan diagram amendment.
Quasi-judicial Zoning Map amendments are reviewed using the Type III procedure (a
public hearing before the Planning Commission).
Determination: Based on the findings of fact, conclusions of law and the evidence in the record,
the Director determines the proposal complies with the Zoning Map Amendment approval
criteria contained in SDC 5.22-115.
DRC2010-00003 Brownfields
Page 6 016
Attachment 1-6
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BEFORE THE PLANNING COMMISSION
OF THE
CITY OF SPRINGFIELD
REQUEST FOR ZONE CHANGE (
CASE NUMBER ZON2010-00003 (
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FINDINGS, CONCLUSION AND ORDER (
NATURE OF THE APPLICATION
Zone change from LMI (Light Medium Industrial) to HI (Heavy Industrial) for property located at 945 28th Street.
The property is identified as map and tax lots 1702310001100, 1702310001101,1702310001000 and
1702312202300.
1. The application conforms to the provisions of Section 5.22-115 of the Springfield Development Code.
This is a quasi-judicial Zoning Map Amendment. It involves the application of existing policy to a
specific factual setting affecting a single property, and does not include a Metro Plan diagram
amendment. Quasi-judicial Zoning Map amendments are reviewed using the Type III procedure (a
pUblic hearing before the Planning Commission).
2. Timely and sufficient notice of the public hearing, pursuant to Section 5.1-135 of the Springfield
Development Code was provided. On April 19, 2010, notice of the public hearing was sent to adjacent
property owners/occupants within 300 feet of the subject site. On April 26, 2010, notification was
published in the Register Guard.
3. On May 18, 2010, a public hearing on the proposed zoning map amendment was held. The
Development Services staff notes, including criteria of approval, findings, and recommendations,
together with the testimony and submittals of those persons testifying at the hearing or in writing, have
been considered and are part of the record of this proceeding.
CONCLUSION
On the basis of this record, the requested zoning map amendment is consistent with the criteria of approval of
Section 5.22-115 of the Development Code. This general finding is supported by the specific findings of fact
and conclusion in the Staff Report that is attached hereto.
ORDER
It is the ORDER of the Planning Commission of Springfield that Journal Number ZON201 0-00003 be approved
and the zoning be amended from LMI (Light Medium Industrial) to HI (Heavy Industrial).
This DECISION was presented to and approved by the Planning Commission on May 18, 2010.
Planning Commission Chairperson
ATTEST:
AYES:
NOES:
ABSENT:
ABSTAIN:
Attachment 2-1
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HOPKINS Steve
From:
Sent:
To:
Subject:
WALTER Eric
Tuesday, March 16,20109:46 AM
HOPKINS Steve
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ZON2010-00003 Brownfields Lanq Dev.
Steve,
Public Works has no issues or comments with the zone map amendment for this application.
Thank you,
Eric Walter
Eric Walter, P.E.
Civil Engineer
City of Springfield, Engineering Division
Public Works Department
Ph (541) 736-1034
Fax (541) 736-1021
ewalter@)ci.sorinafield.or.us
Date Received: b - \Go - I 0
Planner: SH
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Attach men! 3-1
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HOPKINS Steve
From:
Sent:
To:
Cc:
Subject:
GORDON Gilbert
Tuesday, March 16, 2010 9:20 AM
HOPKINS Steve
GERARD Alan; FECHTEL Melissa:
Zoning Map Amendment ZON201 0-00003 Brownfields land Development
Zoning Map Amendment #ZON2010-00003 Brownfields Land and Development
Address: 945 28th Street
Existing Use: Light Medium Industrial (formerly Walt's Concrete; currently vacant)
Proposal: Change from Light Medium Industrial (LMI) to Heavy Industrial (HI) to correct zoning
conflict with Metro plan.
Planner: Steve Hopkins, Planner II
No fire department comments at this time.
Gilbert R. Gordon
Deputy Fire Marshal
Springfield Fire and Life Safety
225 Fifth Street
Springfield, OR 97477
Phone: 541-726-2293
E-Mail: aaordon@cLsprinafield.or.us
1
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, :~'v ReceIVed.
Planner: SH
Attachment 4-1
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MEMORANPUM
City of Springfield
DATE:
March 5, 2010
TO:
Steve Hopkins, Planner n
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FROM: Jon Driscoll, Transportation Engineer in Training
SUBJECT: ZON201o-00003 Brownsfields Land & Development
Zoning Map Amendment-Public Works Transportation Comments
The Transportation Division has reviewed the subject ap,flication for the possible zoning
map amendment of the four tax lots located at 945 N 28 Street from currently zoned
LMI to ill (Heavy Industrial). The total acreage between the lots is 110642 sq. ft. (2.54
acres). The subject property is vacant and currently riot in use.
~ Based on ITE Land Use Code 110 (General Light lridustrial) the total trip
generation from this development upon completion of the proposed development
would be as follows:
. Average Weekday = 51.80 trips/acre x 2.54 acres = 132 trips
~ Based on lTE Land Use Code 120 (General Heavy Industrial) the total trip
generation from this development upon completion of the proposed development
would be as follows: .
. Average Weekday = 6.75 trips/acre x 2.54 acres = 18 trips
~ As can be seen in this data comparison the lTE Trip Generation manual, if the
zoning changed from LMI to ill, the projected change in traffic producible by the
site would be a reduction of 114.trips per day. Consequently, from a
TransJlortation trip impact analysis, this map amendment will increase capacity
for 28th Street. .
~ On the other hand, the ill zone change will likely add heavier traffic it 28th Street,
but I will let the Engineering Section deal with any compensatory requirements
for that aspect of change; As 28th Street is presently part of our designated .truck
route system, no extra measures will be required Transportation's viewpoint.
In SDC 5.22-110.A.2, the code reads, "Where applicable, legislative Zoning Map
amendments shall be reviewed to determine whether the application significantly affects
a transportation facility, as specified in Oregon Administrative Rule (OAR) 660-012-
0060.
SDC 5.22-115.C.3 states, ''The property is presently provided with adequate public
facilities, services and transportation networks to support the use, or these facilities,
Note: As is stated in your Development Issues Application: The Development Issues Meeting is not a land Use
decision and does not confer any development rights, establish any conditions, or bind the applicant or the CitY to any
course of action. The meeting conveys the status of known development opportunities and constraints. The status may
change over time as development conditions or standards change.
Attachment 5-1
Date Received:
Planner: SH
b-\l.rfD
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services and transportation networks are planned to be provided concurrently with the
development of the property."
OAR 660-012-0060(1) in part states that "A plan or land use regulation amendment
significantly affects a transportation facility if'it would.. . (B) Reduce the performance of
an existing or planned transportation facility below the nllnimum 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 proj ected to perform below
the nllnimum acceptable performance standard identified in the TSP or comprehensive
, plan."
This project would neither reduce or worsen the performance of2Slh Street below
acceptable standards, so Transportation has no objections to this zoning map amendment.
Note: As is stated in your Development Issues Application: The Development Issues Meeting is not a land use
decision and does not confer any development rights, establish any conditions, or bind the applicant or the City to any
course of action. The meeting conveys the status of known development opportunities and constraints. The status may
change over time as developmeol conditions or standards change. "Z.. _ I' _ _I '^
Date Received: 0./ L9 _ u
Planner. SH
Attachment 5-2
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SPRINGFIELD U,TI LITYBOARD
c,
WATE.R SERVICE CENTER 202 South 18th Street Springfield.,OR 97477.5240 Tel 541.726.2396 Fax 541.747.7348 www.subutil.com
March 11, 2010
Steve Hopkins
City of Springfield
225 N. 5th Street
Springfield, OR 97477,
Dear Steve:
SUBJECT: ZONING MAP AMENDMENT #ZON2010-00003 BROWNFIELDS LAND
AND DEVELOPMENT
Tax Map 17-02-31-00, Tax Lots 1000,1100,1101, Tax Map 17-02-31-22, Tax
Lot 2300, 945 28th Street '
Listed below are our comments for the.above referenced development proposal:
1. The Springfield Utility Board Water Division Engineering Department has no objection
to the proposed zoning'map amendment. If there are any questions regarding service to
the property, please contact Rebecca Tem~lin at 726-2396.
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2. Springfield has several wellhead protection areas. Ninety percent of Springfield's
drinking water comes from wells. In ever). instance; ,care shall be taken to prevent
groundwater contamination. Contractors/developers/owners shall be responsible for the
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safe handling and storage of chemicals, petroleum products, fertilizers, and the
prevention of groundwater and storm water runoff contamination.
Special reql,lirements may be necessary for groundwater protection at this development.
Contact Amy Chinitz at Springfield Utility Board Water Division for details at 726-2396.
Sincerely, '
fJ--~L
Rebecca Templin, P.E.
Water Engineering Supervisor - Water Division
RAT:mt
S:\SITEPLAN\945 28th Street zoning map amend 3-10-lO,docx
;)i.:le Received: :7,'; - it>
Planner: SH
Attachment 6-1
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