07/23/1973 Meeting - Laserfiche WebLink

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. as mentioned by Mr. Bait is. Manager said he didn't recall mention of the rezoning at time of bid award on the Echo Hollow improvement. He added he could neither confirm nor deny the allegation made by Mr. Baitis with regard to the building permit since he - had no knowledge of it~ He said he could investigate to see whether it could have been an interpretation of the architect applying for the permit since the Building Depart- ment.would certainly have an obligation to inform the applicant if the Planning Com- mission at the time was considering rezoning of the property. Manager noted that should an applicant insist on issuance of a building permit after having been informed . rezoning was being considered there would be no legal basis for denying it and there- ,by having a non-conforming use before the structure was completed. Mr. McDonadl said it wasn't necessary to check it out, but it was his hope; that the Building Department was not restricting building permits as related by Mr. Bait is ~ He added that he was opposed to the Planning Commission's recommendation. In answer to Councilman Murray, Manager said the present C-l zone has been in existence for 17 years without commercial use. And Public Works Director reviewed present traffic volumes and those projected. He agreed with testimony presented with regard to future traffic routing and arterial use of Echo Hollow Road. Mr. Murray wondered about meet- ing criteria - whether the proposed rezoning would ". ..be consistent with General Plan... " and whether the assumption would be correct that in ". ..meeting the public need..." the staff's position was that an excess of commercial property in the broader community set the premise that reduction of this ,excess commercial property was in keeping with the public need. Mr. Saul confirmed that the General Plan indicates this area suitable " for low density residential use. ,He said the Plan does not attempt to determine - specific locations of neighborhood commercial zoning, only to set certain standards - consolidation of commercial development within community shopping centers of four to ten acres, supp0rted by a populationof,app~oximately 4000 people. In comparison the .w... pr.operty recommended :for, rezoning is within 2500 feet of two,~co,mmercial areas serving c the same neighborhood of some 2175 people.~ . ,He added that the need for residential zoning is important to implementation of the General Plan and this was also taken into consideration in evaluating the relationship of the subject property to its surrounding area. . " r.'. , - _. - ,. ~5' ~ ' -. Councilwoman Campbell asked whether people paying taxes on commercially-zoned property would be compensated if the area is zoned to residential use. Mr. Saul explained the manner in which these properties have been assessed since zoned commercial some 17 years ago. Manager noted the. $12,000 valuation,was for,bothland-ahd improvements on the Baitis property which the owner said was assessed as~commerci'al-land.' , " Mrs. Campbell expressed concern with zoning to lesser use and wondered whether it would be an on-going effort of the Planning Commission~ She felt owners of commercial properties knowing that would start,building immediately to gain-the benefit of com- mercial zoning and, doubted whether, that. was wanted. Manager said there is no con- centrated effort at this time to bring conformity to the General Plan, but that as refinement studies are commenced it is likely this type of zoni~g action could result. -- Planning Director added that as conditions change this procedure will have to be followed where the Commission sees a better use of properties than that for which it is zoned. Mayor Anderson said it. is unlikely that any commE;!rcial land would be de- veloped,merely to 'preserve the. zoning - it would have to be:economically feasible. I,L. .' Counciiman 'McDonald asked ab'~ut changing the General Plan;' whether it 'was' 'considered flexible. Manager explained the mechanism set up by LCOG through ,which official change in .. the Plan is accomplished, however he said there is nothing' .that requires Eugene to adopt any of those amendments. It is considered a legal. guideline for land use. - ,~- . ..... r Councilman Williams,refe'r'red to Mr. Saul's statement with regard to standards set by the Fasano decision in relatiop to zoning to a lesser use, and said that the opinion given him by the City :Attorney "in answer to that "specific question was that identical standards,:apply in consideration,of zoning either to lesser or'to higher'use~ Mr., Williams,~sked:whether there, was ever ,any consideration that "down "zoning" 'of property constituted "taking" of property, thereby involving a constitutional issue when rezoning to lighter use was effected without compensation to the property owner. MaBager .said the City Attorney in,answer to that, question had said'any decision of the Council 'on rezoning is.not:based.on land ,value and the Council ,does not; have the re- sponsibility for protect ing a citizen's investment. Zoning 'is a inatter of land use for. the best:development ofthe-communi~y as a whole. '. . - - . 11 Mr. Williams wondered whether the matter would follow the normal procedure of being referred back to a joint meeting ,between the Planning Commission and the Council if it is decided inappropriate to change the zone to residential use. It was decided after acceptance or denial of the Commission's recommendation. further action could be de- termined between the Planning Commission and City ,Attorney. " - 2.34 7/23/73 - 3