CCMinutes - 11/15/04 Mtg - Laserfiche WebLink

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Ms. Thomas noted the relevant criteria for the refinement plan amendment, found in Eugene Code Section 9.8424, and the relevant code for the zone change, found in Section 9.8865. Further relevant policy language was found in the Laurel Hill Plan, Land Use and Future Urban Design Element Policy 5. Mayor Torrey urged those offering testimony to focus their comments on the approval criteria. Failure to raise an issue with sufficient specificity to allow the council to respond precluded that individual's ability to raise the issue on appeal. Mayor Torrey called first on the representatives of the Planning Commission. Jon Belcher, 1240 West 15th Avenue, #4, provided the Eugene Planning Commission's minority report on behalf of himself and Commissioner Mitzi Colbath. He said the applicant did not address the intent and policies in the refinement plan other than meeting the criteria allowing the plan to be modified. The applicant ignored that the plan had designated an area of land for commercial development directly across the street from the property in question. The applicant rejected the neighborhood's request to annex his property into the floating node. Mr. Belcher felt it would totally negate the plan to allow the property to be developed commercially, particularly when no commercial development had occurred in the area zoned for it since the refinement plan was adopted. Mr. Belcher acknowledged that staff believed that the fifth approval criterion was met, that is a change in circumstances not anticipated when the plan was adopted. He agreed there was a change in that ODOT had established access control limits across the entire northern edge of the undeveloped commercial node, along yet-to-be-built Brackenfern Road, preventing direct access to Glenwood Drive. Now it appeared access to the properties would have to be from Henderson Street to 25th Avenue, a very circuitous route for the residents and even more so for interstate traffic. Mr. Belcher said ODOT's new access control limits bring the viability of the plan's commercial node into significant question, and he recommended that the council direct staff to work with the neighbors and affected property owners to reevaluate the commercial node and modify it if appropriate. That could include the potential of adjusting the node boundaries to include the applicants' property. Mr. Belcher said that no additional part of the East Laurel Hill area was to be designated for commercial purposes until a public need was demonstrated. He did not think the public need had been demonstrated. He called on the City to revise the refinement plan to facilitate the applicants' needs and meet the needs of the neighborhood. John Lawless, 90 East 26th Avenue, Chair of the Eugene Planning Commission, said the commission's recommendation, which was based on the substantial changes in ODOT's access limitation policies and the presence of high voltage power lines on the property were sufficient cause for the commission to find for the applicant in this matter. Mayor Torrey then called on the applicants' representative. Bill Kloos, attorney for the applicant, called the council's attention to a colored aerial photograph of the site in question and the subject property in plan view. He noted the items were in the public record. Mr. Kloos said that little of the property in question was actually usable; only 9,000 square feet of the property was unencumbered by power line easements, and that area was subject to setbacks on both the east and west. He MINUTES--Eugene City Council November 15, 2004 Page 2 Regular Meeting