Item 4: Ordinance on Oregon West Management LLC

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Mayor Kitty Piercy Eugene City Council March 21, 2008 Page 9 may still be some outdated ordinances in some jurisdictions that require a showing of "public need" in order to obtain change in designation of property, that is rare. It certainly is not the case here. As in most jurisdictions, under the Eugene Codet there are more precise criteria for approval of changes in land use. Furthermore, there is no prohibition in any planning document that more commercial land cannot be created even though the 1992 Commercial Lands Study would indicate the supply of commercial land is adequate. It should be noted, too, that when that study was adopted, as well as the River Road-Santa Clara Urban Facilities Plan, the C-l Neighborhood Commercial zone did not contain the significant restriction of tenant size to 5,000 square feet, as does the present Code. The application proposes to devise a limited general commercial classification to allow uses larger than the 5,000 square foot limitation but smaller than large commercial facilities allowed in the C-2 district. Ms. Perle criticizes the application as not consistent with the nodal development concept. Here, as suggested in some of the Goal One materials, the contention is that the proposed development, standing alone, must include all or most of the fundamental characteristics of nodal development including a certain residential density levelt a mix of diverse and compatible land uses, and public and private improvements designed to be pedestrian transit oriented. The Planning Commission, commencing at the bottom of page 15 of their November 19, 2007 Findings, addresses the relationship of the applicant's proposal to the nodal development concept. This is a detailed discussion extending approximately two pages detailing how the proposed development is consistent with the nodal concept. Ms. Perle does not attempt to demonstrate how these findings are in error. Ms. Perle criticizes the proposal as lacking adequate transition from the east side of the commercial portion of the development to the mainly R-l area abutting the site. Beyond the Commercial Development Standards of the Code (EC 9.2171), including setback and landscaping requirements, development will be subject to planned unit development procedures. The criteria for planned unit development approval are extensive (see EC 9.8320). They include not only a requirement of consistency with Metro Plan and refinement plan policies but that the "PUD will provide adequate screening from surrounding properties including, but not limited to, anticipated building locationst bulk, and height." The criteria also require that: "The proposed development shall be reasonably compatible and harmonious with adjacent and nearby land uses."