Ordinance No. 19868 - Laserfiche WebLink

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"Residential uses on this MDR site will be further limited to housing qualifying as housing for older persons under the 19S$ Amendments to the Federal Fair Housing Act, and insofar as authorized by the I9$8 Fair Housing Amendments and other applicable law, further limited to occupancy by adults." b. 4n April 2$,1992, the Applicant duly recorded as Document 9223325, Lane County Department of Deeds and Records a declaration of restrictive covenants, executed and acknowledged on said date by Daniel J. Kesler, President and Authorized Agent of Good Neighbor Care Centers., owner of the subject property and applicant herein. The restrictive covenant, like the refinement plan amendment, limits use of "all _ residential uses on the property" to "housing qualifying as housing for elderly persons under the terms of the Fair Housing Act Amendments of 19$$ and authorized by Oregon Revised Statutes DRS b59.o33~6}~a~. The restrictive covenant is effective for "as long as any pardon of the subject property is designated for residential use in the Eugene-Springfield Metro Area Plan." The declaration is made for the benefit of the City of Springfield and Springfield School District # 19. The declaration provides that it is to touch and concern the property. Because this plan amendment designates a substantial portion of the property as residential at the Metro plan level, only another Metro Plan amendment can release the property from the restrictions imposed by the Declaration. The affected school district has reviewed the refinement plan amendment and the declaration of restrictive covenants, and has advised that ". , .~~~t would appear that the restrictions provide assurance that the number of school age children, and the potential impact of the project on the Schoal District, would appear to only minimally impact the functional capacity overload we are experiencing in the School District." Based upan this and other evidence in the retard, the Council finds that the proposed project will have minimal impact on affected schools and therefore does not unduly burden school capacity in violation of Statewide Land Use Goal Eleven. Supplemental Findings on Remand - Z ~XH16lT~.,..~.,~..~ , PAGE ~ ,a~ ~`