10/08/1973 Meeting - Laserfiche WebLink

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c. The evidence in these proceedings has not shown the existence of any alternative site that is as suitable for the proposed rezoning and subsequent commercial development that is contemplated as is _- the site in question. Based upon the foregoing, the Eugene City Council finds that the applicant has carried its burden of proof and has shown by sufficient, probative evidence that the proposed zone change is consistent with the comprehensive zoning plan, that there is a public need for the zone change and subsequent commercial de- velopment of the land in question, and that this public need will best be served by changing the classification of this property as compared to other available property. The following shall be conditions to approval of this zone change: 1. The property shall be developed under planned unit development pro- cedures of the city of Eugene. 2. The areas westerly from Valley River Inn and owned by Valley River Center situated between the north line of the property previously dedicated by Valley River Center to Lane County and the south line of the May Company ownership shall be kept free of buildings and structures (except the existing maintenance building) with the covenant to be evi- denced by recorded restrictive c9venant. 3. From_a point due north of the westerly terminus of the bicycle path . now being constructed under contract with the State Highway Division and continuing to the most northwesterly point of Valley River owner- ship, Valley River Center shall dedicate or grant a public easement for bicycle trail, pedestrian way, and incidental public uses covering the property situated between the north line of the property previously dedicated by Valley River Center to Lane County and the northerly line of the top of the berm or existing dike, subject to the following fur- ther conditions and limitations: a. The city of Eugene will maintain all public improvements build within the easement area. b. The Valley River Center will be responsible for maintenance of the berm as a flood control device and shall have the right to enter upon the dedicated area for the purpose of necessary repairs and maintenance provided that any damage to public improvements thereon occurring as a result of the activities of Valley River I Center shall be promptly repaired by Valley River Center. d. The north line of the dedication to be made hereunder shall be . surveyed by Valley River Center within 60 days from the date here- of to establish the north line of such dedication,:and Valley River Center shall thereafter complete such dedication within 60 days after receipt of the final survey report. d. The city of Eugene shall be responsible for widening in a northerly direction the top of the existing berm in the area beyond the pre- sent fill made by Valley River Center to a width of 20 feet on the tope of the berm as measured from the south line along the top of the berm in the event development of the bicycle and pedestrian trail occurs prior to development of the adjacent property. e. The Valley River Center shall be responsible for widening in a northerly direction the top of the existing berm in the area beyond the present fill made by Valley River Center to a width of 20 feet ;_ on the top of the berm as measured from the south line along the top of the berm in the event development of the adjacent property occurs prior .to development of the bicycle-pedestrian trail, and shall notify the City when such widening is completed. f. Within 60 days after the widening of the top of the existing berm in . the area beyond the present fill made by Valley River Center as pro- vided under d. or e. above, the City shall complete a new survey of the ~idened area, and Valley River Center shall complete the dedica- tion of the top of the widened berm within 60 days after receipt of the final survey report. ~OO 10/8/73 - 6