10/27/1975 Meeting - Laserfiche WebLink

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- to the property owners to have this land taken out of productive use. Mr. Smith called invalid the thinking that large retail establishments would locate on this land, thereby adversely affecting the downtown area. That was not antici- - pated, he said, but he maintained that large retail outlets would be established where conditions were suitable regardless. He referred to the development of west Eugene property for industrial uses in years past and said it had been good for the city, that the concentration in one area was better than having them scattered throughout the community. The same would apply to commercial estab- lishments, he said, and what better area than Goodpasture Island. That area is unique, he said, in that it is convenient as a supporting area to the downtown and to Valley River and accessible to the entire city and would not be detrimental t? adjoinin? properties. He urged the Council "to take a hard look" and recog- nlze the unlque features of the area and its potential advantage to the community as an added commercial area. I-A-2 Clarence Brown, 2480 Lawrence Street, chided the Council for not followincr the law which, he said, was the 1990 Plan designation of the area as an oppor~unity area and required the Council to rezone the property. He noted that the request h~d been approved twice by the Planning Commission in the past in accordance wlth the General Plan, and that it was encumbent upon the Council to follow the Plan until it was changed. Public hearing was closed, there being no further testimony presented. Mr. Hurray moved second by ~Ir. Keller to deny the appeal and affirm Planning Commission findings supporting denial of the rezoning: Councilman Williams asked if the Goodpasture Island amendment had become effective - yet. Mr. Saul answered that the amendment had been ratified by all governmental bodies and incorporated into the Plan, but that a writ of review had been filed challenging the amendment. He added that the Planning Commission had based its decision on the former text of the 1990 Plan which treated the Goodpasture Island as an opportunity area rather than on the amendment to the 1990 Plan which had not been finalized at the time the Commission considered this zone change request. Councilman Murray said the Plan was not law, rather it was a guideline and con- tained very precise language with regard to the prerogative of a jurisdiction on the timing of any zone change implied within the 1990 Plan. Councilman Hamel said he would vote against denial. He felt the Council was not looking far enough ahead in considering Eugene's future in the area of ware- housing and other commercial needs. He noted that the industrial park in west Eugene was completely filled, not with new industry, but with existing establish- ments who moved there from other parts of the city. Clarence Brown asked for the attorney's opinion as to whether the 1990 Plan was law and, as such, had to be followed. Mr. Long cited the Baker vs Milwaukie decision which held that that zoning could not permit a use more intensive than that contemplated by. the General Plan. He noted that the court in the Baker vs Milwaukie decision specifically said the converse was not true. He added that timing considerations were a central issue in any planning matter. Vote was taken on the motion to deny the appeal. Motion carried - - all Council members present voting aye, except Councilman Hamel voting no. 10/27/75 - 2 .55"4-