HomeMy WebLinkAboutResolution No. 4819 COUNCIL RESOLUTION NO. 4819
A RESOLUTION DENYING A REQUEST TO AMEND
THE LAUREL HILL PLAN LAND USE DIAGRAM TO
REDESIGNATE PROPERTY IDENTIFIED AS TAX LOTS
199, 200, 300, ASSESSOR'S MAP 18-03-03-23 FROM LOW-
DENSITY RESIDENTIAL TO COMMERCIAL AND
DENYING A REQUEST TO REZONE THE PROPERTY
FROM R-1 LOW DENSITY RESIDENTIAL TO C-2
COMMUNITY COMMERCIAL.
PASSED: 7/1
REJECTED:
OPPOSED: Solomon
ABSENT:
CONSIDERED: December 8, 2004
RESOLUTION NO. 4819
A RESOLUTION DENYING A REQUEST TO AMEND THE LAUREL
HILL PLAN LAND USE DIAGRAM TO REDESIGNATE PROPERTY
IDENTIFIED AS TAX LOTS 199, 200, 300, ASSESSOR'S MAP 18-03-03-23
FROM LOW-DENSITY RESIDENTIAL TO COMMERCIAL AND
DENYING A REQUEST TO REZONE THE PROPERTY FROM R-1 LOW
DENSITY RESIDENTIAL TO C-2 COMMUNITY COMMERCIAL.
The City Council of the City of Eugene finds that:
A. On January 20, 2004 Charles Larson and Don Furtick (the "Applicants")
submitted applications for a diagram amendment to the Laurel Hill Plan Land Use Diagram and
a concurrent zone change to redesignate property totaling 1.38 acres of land identified as Tax
Lots 199, 200, 300, Assessor's Map 18-03-03-23 from Low-Density Residential to Commercial,
and to rezone the property from R-1 Low-Density Residential to C-2 Community Commercial.
B. This proposal came to the City for action pursuant to procedures for refinement
plan amendments and concurrent zone change in Chapter 9 of the Eugene Code, 1971.
C. The Planning Commission held a public hearing on the application on September
14, 2004, and the record was left open for additional submittals from the applicant and the
neighborhood until October 5, 2004. On October 25, 2004 the Planning Commission considered
the additional submittals and voted to recommend approval of the proposed refinement plan
amendment and zone change.
D. The Eugene City Council held a public hearing on the request on November 15,
2004, and further considered the applications on December 6, 2004, and December 8, 2004.
E. The Eugene City Council addressed first whether the proposed refinement plan
amendment satisfies EC 9.8424(1)(c); that code criterion requiting consistency between the
proposed refinement plan amendment and the remaining portions of the Laurel Hill Refinement
Plan.
F. Policy #5 of the Laurel Hill Refinement Plan provides that "[n]o additional sector
of East Laurel Hill shall be designated for commercial purposes until a public need can be
demonstrated." The City Council interprets Policy #5 of the Laurel Hill Refinement Plan to
prohibit the City from designating as "commercial" any additional land within the East Laurel
Hill sector unless the record demonstrates that there is an insufficient supply of commercial land
within that sector to meet the needs of the general public.
G. Based on the following, the City Council determines that the proposed refinement
plan amendment is inconsistent with Policy #5 of the Laurel Hill Refinement Plan and, therefore,
fails to satisfy EC 9.8424(1)(c):
1. Property designated commercial, and located within the East Laurel Hill
Resolution- 1
sector, remains undeveloped and the Applicants have not shown why these properties are
not sufficient to meet the public need.
2. The Applicants' arguments concerning the suitability of their site for
residential use fails to demonstrate that there is an insufficient supply of commercial land
in the East Laurel Hill sector to meet the needs of the general public.
3. The Applicants' arguments concerning the undesirability of the existing
commercial land within the East Laurel Hill sector is unsupported. Other evidence in the
record indicates that the Applicants' site is similarly situated with respect to the issues
identified by the applicant as undesirable.
4. Several of the Applicants' arguments incorrectly identify the "public"
(whose needs should be met) as tourists seeking travel services.
5. The Applicants' arguments regarding commercial land impacted by the
realignment of the Glenwood interchange as a result of the Cooperative Work
Agreement, recent changes to the Eugene Code, and development plans adopted after the
adoption of the Laurel Hill Plan do not establish that there is an insufficient supply of
commercial land in the East Laurel Hill sector to meet the needs of the general pubic.
H. EC 9.8865(2) requires that the proposed zone change be consistent with the
Laurel Hill Refinement Plan. Based on the reasons discussed in the findings above, the proposed
zone change fails to comply with EC 9.8865(2). Further, the Laurel Hill Plan Land Use Diagram
designates the subject site for Low-Density Residential uses. Because the City Council has
concluded that the record does not support an approval of the proposed refinement plan
amendment, the requested zone change to Community Commercial (C-2) is inconsistent with the
Laurel Hill Plan Land Use Diagram designation.
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a
Municipal Corporation of the State of Oregon, as follows:
Section 1. The above findings incorporated herein by reference are adopted.
Section 2. The request to change the Laurel Hill Plan Land Use diagram designation
for Tax Lots 199, 200, and 300, Assessor's Map 18-03-03-23, as depicted on Exhibit A hereto,
from Low-Density Residential to Commercial is denied.
Section 3. The request to change the zoning for Tax Lots 199, 200, and 300,
Assessor's Map 18-03-03-23, as depicted on Exhibit A hereto, from R-1 Low-Density
Residential to C-2 Commercial is denied.
Section 4. If any section, subsection, sentence, clause, phrase, or portion of this
Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, that portion shall be deemed a separate, distinct, and independent provision and that
holding shall not affect the validity of the remaining portions of this Resolution.
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Section 5. This Resolution shall become immediately effective upon its adoption.
This foregoing Resolution adopted and effective the 8th day of December, 2004.
City Recorder
Resolution - 3
EXHIBIT ~
City of £ugene Refinement Plan Amendment {R~ 04-1
and Zone Change Request {Z 044)
Assessor's Map: 15-03-03-23; Tax lots: 100, 200, 300
Laurel Hill Plan Land Use: Commercial
Zoning: C-2 Community Commercial
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City Limits ~1~
Subject Site