Ordinance No. 20395 - Laserfiche WebLink

Home Browse Search

(c) New or amended community policies. (d) New or amended provisions in a federal law or regulation, state statute, state regulation, statewide planning goal, or state agency land use plan. (e) A change in circumstances in a substantial manner that was not anticipated at the time the refinement plan was adopted. As discussed below, the plan amendment is consistent with approval criterion EC 9.8424(2), specifically, both subsections (c) and (e) above. (c) New or amended community policies. 1. Adoption of Nodal Development Overlay Zone. The site was designated C-l/Neighborhood Commercial in the 1992 Willakenzie Area Plan (W AP). Subsequent to the C-l commercial zoning of the site, the Nodal Development overlay zone was also adopted for the Crescent A venue Nodal Development Area (including the subject site and Crescent Village to the north). The W AP land use diagram implements this nodal development area. The purpose of the nodal development area, as stated in adopted Metro Plan provisions and the Eugene Land Use Code is as follows: "Nodal development is a mixed-use pedestrian-friendly land use pattern that seeks to increase concentrations of population and employment in well-defined areas with good transit service, a mix of diverse and compatible land uses, and public and private improvements designed to be pedestrian- and transit-oriented"(Metro Plan II-G-8). ''The /ND Nodal Development overlay zone is intended to direct and encourage development that is supportive of nodal development and to protect identified d nodal development areas from incompatible development prior to adoption of nodal development plans and implementing land use regulations... "(EC 9.4250). Several Metro Plan policies direct local jurisdictions to designate nodal development areas. The key Metro Plan policy related to nodal development, applicable to the current request is: F.3 Provide for transit-supportive land use patterns and development, including higher intensity, transit-oriented development along major transit corridors and near transit stations; medium- and high-density residential development within 1/4 mile of transit stations, major transit corridors, employment centers, and downtown areas; and development and redevelopment in designated areas that are or could be well served by existing or planned transit. Comparison ofC-l/Neighborhood Commercial to C-2/Communitv Commercial One of the primary purposes of the Nodal Development (ND) overlay zone was to prevent incompatible development, such as "big box" retail and auto-oriented uses, until more specific area plans could be adopted. One of the standards specified in the ND overlay zone states: " No new building designed to be occupied by retail uses may exceed 50,000 square feet of building area...." (EC 9.4280(2)(b). While the proposed change to C-2/Community Commercial might allow intensive C-2-type uses, the "big box" otherwise allowed in a C-2 zone would not be allowed at this site, due to the size limit in the ND overlay. In addition, proposed policy language includes a trip cap that would preclude big box retail and similar uses. While the ND overlay zone specifically restricts only auto-oriented uses, it does not itself prohibit hotels, catering services or similar community commercial uses. Sumnk:r Oaks-Crescent Center - Findings, September I? ,2007 Page 12 of 19