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residential areas were inconsistent with the Metro Plan, as a hospital would not in all cases, constitute an <br />"auxiliary use" to residential uses. The court also held that the changes to allow hospitals an as outright <br />permitted use in industrial areas were inconsistent with the Metro Plan, as a hospital would not, in all <br />cases, "serve a primary industrial use." CHOICES did not challenge before LUBA or the Court of <br />Appeals the ordinance changes to the commercial zones, and the decision of the Court of Appeals did <br />not call into question those changes. <br /> <br />Following adoption of Ordinance 20299 and during the appeals process, McKenzie-Willamette Triad <br />chose the EWEB site as its preferred site for location of its hospital facilities. The EWEB site is <br />designated heavy industrial in the Metro Plan and is zoned public land. <br /> <br />RELATED CITY POLICIES <br />Adoption of Ordinance 20299 addressed the council's goal to "Prioritize and implement next steps in <br />Growth Management" under the Council Goal of " Sustainable Community Growth and Change - A <br />community that retains a high quality of life and a healthy economy, effectively links land use and <br />transportation planning, and successfully manages growth and change in the urban environment." <br /> <br />Policy 3 in Section VI of the Downtown Plan, adopted by Ordinance 20316 in April 2004 (which is also <br />reflected in Section 9.9540 of the Eugene Code, 1971) states that: "A master plan for the EWEB <br />riverfront property must be approved by the city before any redevelopment, land use application, <br />rezoning, Metro Plan or refinement plan diagram amendments are approved for uses not associated with <br />EWEB functions. The master plan shall be evaluated based on the master plan's consistency with <br />principles A through D below: A) Create a 'people place' that is active, vibrant, accessible and multi- <br />use; B)Provide appropriate setbacks, deeper where environmental or habit at issues are more critical, <br />shallower in other areas; C) Incorporate appropriate building and site design techniques that address <br />environmental concerns; and D) Incorporate an educational aspect, so that the riverfront improvements <br />teach us about our river, our history and our city. The master plan shall be considered using the City's <br />Type II application procedures, unless the applicant elects to have the master plan reviewed concurrently <br />with a Type III, Type IV or Type V application." <br /> <br />Also relevant to this work session is the following motion adopted by the council on September 18, <br />2002: "That it shall be the policy of the City of Eugene to encourage hospital uses in the central city to <br />support health care for Eugene citizens and as a method of stimulating economic development and <br />downtown redevelopment. The City Manager shall proceed with appropriate staff work necessary to <br />encourage the development and/or redevelopment of sites for hospital uses in the central city and return <br />to Council in November with options for appropriate siting opportunities and other incentives." <br /> <br />COUNCIL OPTIONS <br />In light of (a) the two objectives noted under "Background," and (b) Triad's selection of the EWEB site <br />as its preferred site, there are at least three questions that the remand poses. First, does the council <br />desire to retain the unchallenged ordinance provisions, particularly those related to commercially zoned <br />property, in order to facilitate expansion of PeaceHealth's Hilyard campus and possible use by Triad of <br />the EWEB site? Second, does the council desire to facilitate Triad's use of the EWEB site? And third, <br />is there any reason, at this time, to attempt to retain the provisions in the ordinance (primarily related to <br />industrially and residentially zoned lands) to facilitate location of a new hospital throughout the City? <br /> <br /> L:\CMO\2005 Council Agendas\M050209\S050209A. doc <br /> <br /> <br />