Ordinance No. 20012 - Laserfiche WebLink

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ORDINANCE NO. ao~ a_._ AN ORDINANCE AMENDING THE BETHELwDANEB4 REFINEMENT PLAN, AND REPEALING aRDINANCE NGS. 19952 AND 19993. The City Council of the City of Eugene finds that: 1. 0n September 2, 1993, Graville Properties applied far an amendment to the Bethel-Danebo Refinement Plan, requesting that a five acre parcel designated neighborhood commercial be expanded to 15 acres of community commercial designation. 2. The City of Eugene Planning Commission recommended approval of the amendment as proposed by the applicant. 3. On January 31,1994, the City Council held a public hearing on the proposed plan amendment and the Council determined that the Bethel-Danebo Refinement Plan should be amended to allow the expansion to 15 acres, but retain neighborhood commercial designation for the entire 15 acres. Ordinance No. 19952, adopted by the Council and approved by the Mayor on January 31, 1994, effected that amendment to a portion of the Plan, a proposal for the Barger-Beltline Development Node, but overlooked amending other portions of the proposed language related to increasing the intensity of use from neighborhood commercial to community commercial. 4. Graville Properties appealed the City Council's decision to the Land Use Board of Appeals LUBA}. 5. LUBA remanded the decision to the City because the City had failed to include an interpretation of the relevant Metro Plan, Commercial Lands Study, Bethel-Danebo Refinement Plan and Eugene Code, 1971 provisions relevant to determining "whether the newly adopted refinement plan provision limiting zoning of the subject 15 acres to GO and C-1 is consistent with the Commercial Lands Study and the newly adopted refinement plan policy. " LUBA directed the City to explain how providing for commercial development of the subject 15 acres at an intensity consistent with C-1 and GO zoning is consistent with Implementation Strategy 19.1 of the Commercial Lands Study and the Bethel-Danebo Refinement Plan Policy. LUBA also directed the City to explain why providing for commercial development in that manner is consistent with the Metro Plan's descriptions of Community Commercial Centers and Neighborhood Commercial Facilities. Finally, LUBA determined that the challenged decision is a comprehensive plan amendment and required that Goa19 be addressed. 6. Pages 1 through 11 of Exhibit A to Ordinance No. 19952 contained the original Findings and Conclusions of the City Council related to, and the language of, the Refinement Plan amendment. To address the issues raised by LUBA, an November 2S, 1994 the City Council adopted Ordinance No. 19993 amending those Findings and Conclusions, as well as the amendment's language, to read as set forth in Exhibit 1 attached to Ordinance No. 19993. Ordinance - 1