Item C - Laurel Hill Plan Diag. - Laserfiche WebLink

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RECEIVED LAW OFFICE OF BILL KLOOS, PC BY CITY MANAGER OREGON LAND USE LAW DEC ~) ~' 200~ 576 OLIVE STREET, SUITE 300 EUGENE, OR 97401 PO BOX 11906 EUGENE, OR 97440 TEL (541) 343-2674 FAX (541) 343-8702 E-MAIL DANTERRELL@LANDUSEOREGON.COM December 1, 2004 Mayor Torrcy and Eugene City Council City of Eugene 777 Pearl Street Eugene, OR 97401 Re: RA 04-1 and Z 04-4 - Laurel Hill Plan Amendment and Furtick/Larson Zone Change Dear Mayor Torrey and Eugene City Council Members: This letter constitutes the final rebuttal arguments for the Applicants to RA 04-1 and Z 04-4, the Laurel Hill Plan Amendment and the Furtick/Larson Zone Change. Over one year ago, during the joint Planning Commissions' review of the Metro Plan Diagram update, our client approached the Planning Commission to inquire why this site was not plan designated commercial. During those proceedings, Eugene Planning Staff explained to the Planning Commissioners and to our client that the Metro Plan Diagram update process was not the correct process by which to evaluate such a request. Staff noted that there are procedures provided for in the Eugene Code by which to amend the Metro Plan and area refinement plans. Staff explained that our client would more than likely have to seek a refinement plan amendment and a zone change. Now, having followed that recommendation, my client is before you with two applications that are authorized by the provisions of the Eugene Code. Having reviewed the public comments submitted to the City Council since the public hearing on these applications, it is surprising that the majority of the comments represent public displeasure over the provisions of the Eugene Code. They are, for lack of a better word, upset about the fact that an individual can submit an application to change the plan and/or zone designation for one's property. The language used by those opposed to these applications is striking: claiming we are summarily over-ruling refinement plans; by passing and negating planning documents; proceeding in a cavalier manner; acting in an unacceptable manner; and failing to protect residents' rights. Note, however, that the Eugene Code expressly permits refinement plan amendments and zone changes. Whatever displeasure members of the public have about the provisions of the Eugene Code, this is not a proceeding that provides for legislatively changing the code. Most of the submitted comments make no reference to the proposal or to the actual site. This is due, I believe, to the fact that the site is so inhospitable to residential uses. No one wants to admit the fact that the property was improperly plan designated from the get-go. No one wants to advocate that it is ok to have children live and grow up beneath high voltage power lines. That is not what Eugene stands for. Even the one comment directed towards the actual proposal, which