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<br />In regard to Mr. Scobert's and Ms. Roberts' comments on compensation, <br />she stated that regarding condemnation, there is no automatic fight <br />for compensation as long as some reasonable use remains for the land. tit <br /> <br />Jim Farah, Eugene Planning Department, stated this rezoning action, <br />as all rezoning actions in regard to the Whiteakef Refinement Plan, <br />was initiated by the City Council in their adoption of the Whiteaker <br />Refinement Plan. He stated the formal identification of the imple- <br />mentation could be found in Exhibit B of the Whiteaker Refinement <br />Plan. He also stated that in this rezoning action was initiated by <br />the Planning Commission and the procedure then calls for a public <br />hearing; the public hearing is conducted with the staff making anal- <br />yses before the hearing is conducted and this procedure was followed <br />in this instance. <br /> <br />Joyce Benjamin, City Attorney's office, stated that the quasi-judicial <br />ordinance is found in the sections of the Eugene Code 2.391-2.400. <br />She stated that this section of the code sets out a detailed procedure <br />for the City Council and the Planning Commission to follow in land <br />changes, for example, planned unit development, and it applies in the <br />proposed change of land use on this property. She also stated that by <br />terms of the quasi-judicial ordinance, the proponent is allowed a <br />rebuttal; in this instance, the City is the proponent. Others are not <br />afforded that opportunity. <br /> <br />CB 2082--Authorizing rezoning from R-2 Limited Multiple-Family Residential <br />to R-2/10A Limited Multiple-Family Residential District with a <br />maximum density of ten units per acre for property located west ~ <br />of Polk Street, east of Fillmore Street, north of the alley .., <br />between 4th and 5th avenues, and south of the alley between 3rd <br />and 4th avenues (for tax lots as indicated on Assessor's Map <br />17-04-25-4 3) <br /> <br />Ms. Smith moved, seconded by Mr. Hamel, that findings supporting <br />the rezoning as set forth in Planning Commission staff notes and <br />minutes of January 22, 1980, be adopted by reference thefeto; that <br />the bills be read the second time by council bill number only, <br />with unanimous consent of the council, and that enactment be <br />considered at this time. Motion carfied unanimously and the bill <br />was read the second time by council bill number only. <br /> <br />Ms. Smith moved, seconded by Mr. Hamel, that the bill be approved <br />and given final passage. Roll call vote. All councilors present <br />voting aye, the bill was declared passed and numbered 18586. <br /> <br />Mr. Delay stated this is the end of the long process. The Whiteaker <br />Refinement Plan was adopted for the total long-range health of the <br />city and the intent of this plan is carried out through this rezoning. <br />He feels it is a positive step for this neighborhood. <br /> <br />e <br /> <br />3/10/80--4 <br />