Item 2: Ordinance on South Willamette Metro Plan

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regulations or policies. Therefore, criteria EC 9.8424(2)(a), (b), and (d) above are not applicable to this request. To the extent that the applicant’s findings under these criteria are relevant or applicable, they are incorporated herein by reference. Regarding subsection (c), the proposed amendment has been found to comply with the applicable Metro Plan and refinement plan approval criteria; therefore, the proposed Metro Plan amendment constitutes a new community policy in the context of this criterion. Regarding subsection (e), the proposed refinement plan amendment addresses a change of circumstances. It is noted that the applicant’s narrative (page 17 of Refinement Plan narrative) describes several changes in circumstances relative to the proposal. To the extent that those changed circumstances are addressed by the proposed amendment, the applicant’s findings are incorporated herein by reference. However, the factors described below are more directly relevant to the proposed amendment. th The 1988 SWS recognized that there was an existing medical facility (“dental clinic”) between 19 th Avenue and 24 Place, the area subject to Recommendations #4 and #5. Since the adoption of the 1988 SWS, there have been several changes in circumstances that have affected the viability of the subject property for medical office uses in the R-3 zone. The site was developed in medical clinic or office uses as early as the 1960s. At the time, the subject property was zoned RG Residential Garden, which allowed medical facilities in the zone without any special permit, i.e. without a conditional use permit. (General office uses were not allowed, nor are they currently allowed in the R-3 zone.) Since then, there have been amendments to the land use code that require a conditional use permit for medical health facilities in the R-3 zone. In addition, the land use code now requires that non-residential uses in residential zones, such as medical facilities and churches, comply with minimum residential densities. These density requirements can be a barrier to major upgrades or conversions of existing non-residential uses, further limiting the ability of these non-residential uses to adapt over time. In addition, the SWS did not anticipate trends in the local economy that would affect the viability of certain types of medical health facilities. Since 1988, the characteristics of medical services and facilities have changed, in terms of their size and location (e.g. small, multi-tenant facilities located close to downtown hospitals versus large, single-tenant facilities). The applicant notes (page 6 of Refinement Plan narrative), that “Even as the applicant is unable to market the property for other types of office uses, existing and new medical development is being drawn toward and is relocating to the area of the new Riverbend Hospital in Springfield.” The applicant further notes (page 11 of the Metro Plan narrative): “It is necessary to expand the types of Office/Professional uses that can utilize the existing office building as demand for medical facilities in the Eugene area shrinks.” This supports the conclusion that there has been a change in circumstances since the adoption of the 1988 SWS. Findings – South Willamette Properties Page 14 of 16