Ordinance No. 19762 - Laserfiche WebLink

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Section 9.~45~2}~c~: The plan amendment is found to address one or more of the fo.l 1 owl ng: ~. An error in the publication of the plan; 2. A change in circumstances in a substantial manner not anticipated in the plan; 3. Incorporation in the plan of new inventory material which relates to a statewide goal; and 4. A change in public policy. The request appears to address #2, a change in circumstance, and #4, a change in public policy. There has been no showing that there has been any new inventory material that relates to a statewide goal ~#3}. The applicant indicates that there may be a showing of error since there was a written agreement between the City and the owner in 1968 that allowed for continued use of the property by Goodwill Industries. When the plan was adopted in 1915 and updated in 1982, Goodwill Industries occupied the site and were an established nonconforming use. While this situation was not specifically addressed in the plan, the absence of specific mention of this site or the nonconforming use does not indicate and error in the publication of the plan, It is the staff opinion that there has been a change in circumstance that was not anticipated in the refinement plan. As indicated in the background sec- tion of these notes, the site was occupied by Goodwill Industries in 1915 and 1982, when the Bethel-Danebo Refinement Plan was originally adopted and later when it was revised.. The staff has researched discussion and recollections of these refinement plan processes and finds no specific discussion occurred relating to this property. It was used at that time as a nonconforming in- dustrial use and the assumption was that it would continue to operate. There was no reason to include specific refinement plan treatment of this site. Goodwill has discontinued use of the site and ownership has changed. While a change in ownership in itself is not basis for considering special land use relief, in this case the only viable use of the existing property and build- ing was with the previous Goodwill Industries development. Based on these facts, there appears to be reason to address the specific history and exist- ing development on this property. The proposed mixed-use designation and refinement plan language will provide specific direction far continued use of .this site in a manner that addresses this unique situation. Another basis for addressing the standards in this criteria are a change in public policy. The provisions allowing the creation of a mixed use zoning district were adopted in the Eugene Zoning Code in 1977, two years after adoption of the original Bethel-Danebo Refinement Plan. When the Plan was updated in 1982, the emphasis of study was an the delineation of the three development nodes. The concept of mixed use has been implemented in other areas of the city, including portions of the Whiteaker area, since adoption of these provisions. In 1984, the City Council updated the Eugene Community Goals and .Policies. The 1954 document included anew policy as follows: STAFF NQTES--Eugene Planning Commission January 22, 1991 Page 5