03/10/1980 Meeting - Laserfiche WebLink

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e reshape district boundaries. They are as follows: 1) The owner can instigate the action; 2) if the property consists of more than one lot, 75 percent of all the owners can instigate this action with the Planning Commission; 3) their authorized agent can instigate this action; 4) the Planning Commission can initiate such action through its own resolution; and 5) the City Council can request the Planning Commission to consider the rezoning. He stated that the Planning Department cannot ask for a rezoning of his property because he has not designated them as his agent, and they are not the agent for the City. He stated that, therefore, the City of Eugene has initiated the rezone, and stated that the council had no jurisdiction to conduct this hearing. But, if this due process is being done under the quasi-judicial process from Chapter 183, he would proceed no further. JoLu Roberts, 2775 Friendly, questioned the hearing procedure. She asked for a definition of quasi-judicial. She further asked what type of procedure was being followed under ORS 227.215. Mayor Keller indicated the staff would respond to this following her testimony. She stated that regarding the agenda there were several opportunities for people to speak out in favor of the down-zoning and only one , opportunity to speak against that; she asked to be allowed to rebut any testimony presented at the meeting. She asked how, if no one but staff can rebut, evidence presented can be evenly weighed. Mayor Keller stated that she would not be allowed to rebut presented testi- mony. She stated she has three arguments against the staff application to down-zone. She stated the ordinance hearing is to be just for the laws to lay a foundation, but that the council is adopting its own 1978 resolution into a law on its own motion. She stated that this is not constitutional. She further stated that approximately $1 million is being taken out of the West Blair area to be disbursed elsewhere, according to what she said Susan Smernoff stated at the Whiteaker Community Council meeting. She further stated that to down-zone during a land shortage while annexing land to the city causes the council to put themselves in a bad light. She stated no down-zone should occur. She further stated that the council is passing self- serving resolutions like the Whiteaker Refinement Plan and conducting a quasi-judicial hearing. She requested that the down-zoning at least not occur without leaving a few of their precious dollars on the property owners. There being no further testimony presented, the public hearing was closed. e Susan Smernoff stated in response to Ms. Miller's testimony that it was not the intent of this rezoning to disallow development along alleys in this neighborhood. She stated that many lots are large enough to allow an additional single-family dwelling units to be constructed, or the expansion of a single-family home to a duplex. She felt that this could occur on enough lots that about 40 units could be added to this neighborhood. e 3/10/80--3