March PC Packet - City of Tangent

CITY OF TANGENT
STAFF REVIEW & REPORT
APPLICANT:
Barenbrug USA
LOCATION:
33477 Hwy. 99E, Tangent OR
REQUEST:
Comprehensive Plan and Zone Map Amendments from
Exclusive Farm Use (EFU) to HighwayCommercial/Industrial (HC/I).
CRITERIA AND STANDARDS: The decision approving or denying the
request must be based upon applicable standards and criteria. Potential
applicable standards and criteria for the requested approval include the
following: Tangent Land Use Development Code: Section 2.700.
Zone Designation: Exclusive Farm Use (EFU) District
Background: In 2015 the applicant requested site plan approval to construct two,
20,000 square foot buildings for seed storage. In addition, the applicant requested a
variance from the lot coverage limit of 40% to allow the coverage of approximately
64% of the property. Those applications were approved, conditioned upon the
applicant seeking map amendments to change the plan and zone map from EFU to
Highway/Commercial. The applicant has honored this condition with this application
APPLICABLE CRITERIA
SECTION 2.700
AMENDMENTS
It is recognized that this Code or the Tangent Comprehensive Plan may require
amendments to adjust to changing circumstances. An amendment may require
either a Legislative Decision as defined in Section 3.200 (2) or a Quasi-judicial
Decision as defined in Section 3.200 (3) depending upon whether the amendment
applies to the Code in general or to a specific property. As this request pertains to a
specific property the request is quasi-judicial and subject to a decision by the City
Council.
(2)
Decision Criteria. The City Council, following a recommendation from
the Planning Commission, may grant a request for an amendment to the
text or map of the Code or Comprehensive Plan if the Council makes the
following findings.
(a)
The proposed amendment does not conflict with the intent of the
Comprehensive Plan.
STATE GOAL 2—LAND USE PLANING
To establish a land use planning process and policy framework as a basis for
all decisions and actions related to use of land and to assure an adequate
factual base for such decisions and actions. OAR 660-015-0000 (2)
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CITY GOAL 2.1
To plan for future development, which will provide adequate housing,
employment, and services for a community of 1501 by the year 2026.
Policy 2.1.2 The City shall coordinate all planning work with state, county, federal,
and other city plans, and with relevant special districts. The Division of Lands and
Conservation Development (DLCD) will be considered a major resource for planning
processes.
CITY GOAL 2.5
To provide for changing public policies, attitudes, and circumstances and to
maintain the Tangent Comprehensive Plan as an up to date workable
document for decisions and action related to land use.
Policy 2.5.1 The City of Tangent shall follow state law when changing or amending
the Tangent Comprehensive Plan.
Policy 2.5.2 The City of Tangent shall review the Comprehensive Plan and related
Ordinances on a continuing schedule in accord with most urgent priorities and after
proper public involvement, agency contact, and open public hearings, proposed
(legislative) revisions will be submitted to the voters for approval.
Policy 2.5.3 Planning shall identify issues and problems, inventories and other
factual information, evaluate alternative courses of action and policies while taking
into consideration social, economic, energy, and environmental needs.
Policy 2.5.4 The City of Tangent shall consider amendments to the Tangent
Comprehensive Plan which are initiated by:
2.5.4.1 Any affected citizen of Tangent, public or private agency or
jurisdiction.
City goal 3.2
To help preserve, in a manner consistent with the exclusive farm use zoning
required by Goal 3 and ORS Chapter 215, agricultural land outside of the city
limits which has been designated for agricultural uses by other units of
government.
Policy 3.2.1 Place all agricultural lands which are within the City limits and not
needed for urban uses within the planning period outside of the Urban Growth
Boundary.
Policy 3.2.2 Agricultural lands as defined by Goal 3 that are within the City limits but
outside the UGB shall be protected by EFU planning and zoning, consistent with
ORS Chapter 215. The minimum lot size for the creation of new parcels of
agricultural land and for the placement of farm dwellings shall be 40 acres. Non farm
uses allowed by state statute may be allowed conditionally where they are
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determined to be compatible with farm uses on nearby parcels and meet any other
standards required by state statute.
Policy 3.2.3 Designate urban reserve areas for regional commercial and industrial
zones to provide direction in the future for expansion of these urban uses if and
when the need becomes evident.
Findings: The proposed amendment complies with the applicable criteria and does
not conflict with the intent of the Comprehensive Plan.
(b) The amendment will not adversely impact adjacent areas or the
land use plan of the City.
Findings: This map amendment request is being done at the behest of the City of
Tangent to ensure compliance with the development standards, and in particular the
lot coverage area limitations. The development of the subject property has already
been implemented and the buildings and stormwater retention have been properly
addressed. Rezoning the property to Highway-Commercial/Industrial (HC/I) would
be inc keeping with the HC/I zoning immediately to the north; the industrial zoning to
the east; and the commercial zoning to the south.
(c)
The amendment will not have an adverse environmental impact.
Findings: The map amendment is designed to reflect the current projected use of
the land. There will be no adverse impacts from the map amendments.
(d) The amendment will not have an adverse impact on public facilities.
Findings: No public facilities are required by the map amendment and will not have
any adverse impact on such.
(e)
The amendment will not have an adverse impact on transportation.
Findings: The activities are already in place on site. Again, changing the map
designation will not adversely impact transportation.
(f)
The amendment will not have an adverse impact on economy of the
area.
Findings: The map amendment will change the zoning from EFU to
Commercial/Industrial, which allows for higher taxing rates where applicable. This
action may actually benefit the economy of the area with potentially higher tax
revenues.
(g) The amendment is consistent with the intent of Statewide Planning
Goals.
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Goal 2 - PART II -- EXCEPTIONS
Exception means a comprehensive plan provision, including an amendment to
an acknowledged comprehensive plan, that;
1. Is applicable to specific properties or situations and does not
establish a planning or zoning policy of general applicability;
2. Does not comply with some or all goal requirements applicable to the
subject properties or situations; and
3. Complies with standards for an exception.
A local government may adopt an exception to a goal when:
1. The land subject to the exception is physically developed to the
extent that it is no longer available for uses allowed by the applicable goal;
Findings: Lot coverage by impervious surfaces are limited to 40% of the lot area in
the EFU zone. Currently lot coverage is at approximately 64%. As part of the
development of the property, the land subject to the exception is physically
developed to an extent that it no longer available for growing crops or other uses
allowed by the applicable goals. This amendment addresses the lot coverage nonconformity by changing the zone designation to HC/I
CONCLUSIONS: Staff finds that the requested use is consistent with the Tangent
Comprehensive Plan and complies with the Tangent Land Use Development Code.
The Tangent Planning Commission may recommend approval of this application by
the City Council based on the finding of fact and conclusions as detailed above
unless there is factual data presented in opposition of the request that would alter
the findings for approval.
Suggested Motion to Approve the Request
I MOVE TO:
Adopt the Findings in Support and recommend the Barenbrug application for
a Comprehensive Plan and Zone Map Amendments be forwarded to the City
Council for a final decision.
OR
Deny the application as it did not present adequate information to permit the
Planning Commission to make findings in favor of the requested application. (List
the criterion found in the negative.}
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