HomeMy WebLinkAboutOrdinance No. 20407
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COUNCIL ORDINANCE NUMBER 20407
COUNCIL BILL NUMBER 4965
AN ORDINANCE AMENDING THE EUGENE-
SPRINGFIELD METRO PLAN LAND USE
DIAGRAM; AMENDING THE RIVER ROAD-SANTA
CLARA URBAN FACILITIES PLAN LAND USE
DIAGRAM AND TEXT; AMENDING THE EUGENE
ZONING MAP; AND ADOPTING A SEVERABILITY
CLAUSE. (OREGON WEST MANAGEMENT, LLC.)
ADOPTED: April 14, 2008
PASSED: 5:2
REJECTED:
OPPOSED: Bettman, Taylor
ABSENT: Poling
EFFECTIVE: 30 days from date of Mayor's signature or
upon recording of restrictive covenants described in Section
5, whichever date is later. J \J \ ~ 7..l1 ~
ORDINANCE NO. 20407
AN ORDINANCE AMENDING THE EUGENE-SPRINGFIELD METRO
PLAN LAND USE DIAGRAM; AMENDING THE RIVER ROAD-SANTA
CLARA URBAN FACILITIES PLAN LAND USE DIAGRAM AND TEXT;
AMENDING THE EUGENE ZONING MAP; AND ADOPTING A
SEVERABILITY CLAUSE. (OREGON WEST MANAGEMENT, LLC.)
The City Council of the City of Eugene finds that:
A. The applicant, Oregon West Management, LLC, submitted an application to the
City of Eugene for an amendment to the Metro Plan Land Use Diagram, the River Road-Santa
Clara Urban Facilities Plan Land Use Diagram and Text, and the Eugene Zoning Map.
B. The amendments contained in this Ordinance are based on the application
submitted and the recommendation of the Eugene Planning Commission.
C. The Eugene Planning Commission held a public hearing on the amendments
contained in this Ordinance on October 18, 2007, received public testimony, and closed the
record. The Planning Commission met subsequently for deliberations on November 5,2007, and
November 19,2007.
D. Upon conclusion of deliberations on November 19, 2007, the Planning
Commission recommended conditional approval of the application, and has forwarded its
recommendations to the City Council that the Metro Plan Land Use Diagram be amended as
shown on Exhibit A hereto, the River Road-Santa Clara Urban Facilities Plan Land Use Diagram
be amended as shown on Exhibit B hereto, the text in Chapter 2, River RoadlDivision Subarea of
the River Road-Santa Clara Urban Facilities Plan be amended by insertion of the text set forth in
Exhibit C hereto at pages 2-32, and the Eugene Zoning Map be amended as shown on Exhibit D
hereto.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. The Metro Plan Land Use Diagram for the property located at 2685 River
Road, and identified as Tax Lots 9100, 9200, 9300 of Assessor's Map 17-04-11-41 and Tax Lots
200, 300, 400 of Assessor's Map 17-04-11-44, is amended from a designation of Low Density
Residential to a designation of Commercial; and the Metro Plan Land Use Diagram for the
property located at 84 Green Lane and identified as Tax Lot 1900 of Assessor's Map 17-04-11-
44 is amended from a designation of Commercial to a designation of Medium Density
Residential, as shown on the attached Exhibit A, which is incorporated herein.
Section 2. Consistent with the provisions of Section 9.7750(4) of the Eugene Code,
1971, the River Road-Santa Clara Urban Facilities Plan Land Use Diagram located at page 2-3
and the River Road Santa Clara Urban Facilities Plan River RoadlDivision Subarea Diagram
located at page 2-32, are automatically amended to redesignate the land referenced in Section 1
Ordinance - 1
above located at 2685 River Road from a designation of Government and Education to a
designation of Commercial; and to redesignate the land located at 84 Green Lane from a
designation of Commercial to a designation of Medium Density Residential, as shown on the
attached Exhibits Band C, which are incorporated herein.
Section 3. The text of Chapter 2, River Road/Division Subarea of the River Road-Santa
Clara Urban Facilities Plan is amended by insertion at pages 2-32 of the text set forth in the
attached Exhibit C, which is incorporated herein.
Section 4. The Eugene Zoning Map is amended to rezone Tax Lots 9100, 9200, 9300 of
Assessor's Map 17-04-11-41 and Tax Lots 200, 300, 400 of Assessor's Map 17-04-11-44 from
their existing PL, Public Land and C-l, Neighborhood Commercial zone to C-2/PD/SR
Community Commercial with Planned Unit Development and Site Review overlay zones and to
rezone Tax Lot 1900 of Assessor's Map 17-04-11-44 from its existing R-l Low Density
Residential Zone to R-2/PD/SR, Medium Density Residential with Planned Unit Development
and Site Review overlays, as shown on the attached Exhibit D, which is incorporated herein.
Section 5. The applicant shall record in the Office of the Lane County Clerk restrictive
covenants on the Tax Lots 9100,9200,9300 of Assessor's Map 17-04-11-41 and Tax Lots 200,
300, 400 of Assessor's Map 17-04-11-44, in a form acceptable to the City Attorney, stipulating
that any future development approval for the site shall require, by the time of development, full
and complete construction of an additional westbound approach lane on Hunksaker Lane and an
additional westbound approach lane on Green Lane. The restrictive covenants shall be binding
on any successive owners(s) of the property, are enforceable by the City of Eugene and may be
amended only with the express written consent of the City of Eugene.
Section 6. The findings set forth in the attached Exhibit E are adopted as findings in
support of this Ordinance.
Section 7. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portions hereof.
Section 8. This Ordinance shall become effective 30 days from its adoption by the City
Council and approval of Mayor, as provided in the Eugene Charter of 2002, or upon the
recording of the restrictive covenants described in Section 5 of this Ordinance, whichever date is
later.
Passed by the City Council this
14th day of April, 2008
VVlJL~
. Recorder'
Approved by the Mayor this
/ '" day of lip /V..f..../' , 2008
J( h I/LL. ·
\ Mayor '1
Ordinance - 2
Attachment A Exhibit A
G Oregon West Management, LLC (MA 07-2, RA 07-1, Z 07-3)
Susan St
Green Ln
Metro Plan Designations
Assessor's Map: 17-04-11-41
Tax Lots: 9100, 9200, 9300
Assessor's Map: 17-04-11-44
Tax Lot: 200, 300, 400, 1900
I~El .Medium Density Residential
. The Metro Plan Designations shown on this
Commercial map are only tax lot specific for the subject site.
Please note: the information shown on this map
is based on Geographic Information Systems data"N
which could be imprecise and subject to change
and should be used for reference only.
City Limits
- - Subject Site
Attachment A Exhibit B
C Oregon West Management, LLC (MA 07-2, RA 07-1, Z 07-3)
Green Ln
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Susan St
River Road-Santa Clara Urban Facilities Plan
Land Use Diagram
Assessor's Map: 17-04-11-41
Tax Lots: 9100, 9200, 9300
Assessor's Map: 17-04-11-44
Tax Lot: 200, 300, 400, 1900
~~ Medium Density Residential
. Commercial The Refinement Plan Designations shown on this
map are only tax lot specific for the subject site.
Please note: the information shown on this map is N
based on Geographic Information Systems data "
which could be imprecise and subject to change and
should be used for reference only.
City Limits
- - Subject Site
Attachment A Exhibit C
C Oregon West Management, LLC (MA 07-2, RA 07-1, Z 07-3)
Susan St
Green Ln
River Road-Santa Clara Urban Facilities Plan
Subarea i; River Road/Division
Assessor's Map: 17-04-11-41
Tax Lots: 9100, 9200, 9300
Assessor's Map: 17-04-11-44
Tax Lot: 200,300,400, 1900
- City Limits
- - Subject Site
~ Low Density Residential
lit.~!IIi Medium Density Residential The Subarea Designations shown on this map
... are only tax lot specific for the subject site. N
Commercial All other designations shown outide of the SUbject"
site boundaries are not tax lot specific
and should be used for reference only.
Text Amendments to be added to
River Road-Santa Clara Urban Facilities Plan,
Chapter 2, River RoadlDivision Subarea:
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5. Notwithstanding Recommendation No.4, development sites abutting south of
Green Lane and g"enerally west of the eastern boundary of the former Santa Clara
Elementary School Site may be designated and zoned Medium Density Residential.
If the parcels are zoned MDR, they must be developed as a Planned Unit
Development in connection with the former'Santa Clara Elementary School site and
with an emphasis on mixed-use development principles.
6. Upon the sale from public ownership to private ownership, the City shall
recognize the area of the former Santa Clara Elementary School at the southeast
corner of the intersection of River :Road and Hunsaker Lane, between Hunsaker
Lane and Green Lane (Tax Lots 9100, 9200, 9300 of Assessor's Map 17-04-11-41
and Tax Lots 200, 300, 400 of Assessor's Map 17-04-11-44) as appropriate for
Commercial development and designated Commercial. If zoned commercial, it shall
be zoned C-2 and it shall be developed as Planned Unit Development in connection
with the property described in Recommendation No.5 with an emphasis on mixed-
use development principles. In addition:
a. No individual building footprint within the commercial development may
exceed 18,000 square feet; and
b. Permitted or conditional Commercial services shall not include theaters;
lodging; C2 and C3 permitted manufacturing; medical, health and
correctional services; motor vehicle related uses; "and
c. The historic character of the former Santa Cl.ara Elementary School shall
be commemorated on site by using architectural features and historic
elements typical of the former Santa Clara Elementary School (e.g., brick
facades, castings, etc.).
7. Pursuant to Recommendations 5 and 6, a pedestrian friendly connection subject
to review and approval by the City Engineer shall be provided to cross Green Lane
between the former Santa Clara School Site and a property south of Green Lane
and shall include five or more of the following design elements:
a. Curb ramps
b. Curb extensions (equal to the width of on-street parking, but not
interfering with bicycle lane)
c. Raised crosswalks
d. Special paving treatment (e.g., brick, alternative colors, cobblestone,
patterned cement, etc.)
e. Adequate lighting to fully illuminate the crossing at all hours
f. To minimize conflict with vehicles entering or exiting the former Santa
Clara Elementary School site locate the crosswalk to the east of the future
Green Lane access to the former Santa Clara Elementary School site.
. Attachment A Exhibit D
C Oregon West Management, LLC (MA 07-2, RA 07-1, Z 07-3)
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Susan St
Green Ln
Eugene Zoning Map & Overlay Zone Map
Zoning
. C-21SRlPD Community Commercial with
Site Review and Planned Unit Development overlays
~~II R-2/SRlPD Medium Density Residential
with Site Review and Planned Please note: the information shown on this map N
Unit Development overlays is based on Geographic Information System datA
which could be imprecise and subject to chang~
and should be used for reference only.
Assessor's Map: 17-04-11-41
Tax Lots: 9100, 9200, 9300
Assessor's Map: 17-04-11-44
Tax Lot: 200, 300, 400, 1900
City Limits
- - Subject Site
Attachment A Exhibit E
Findings
Oregon West Management, LLC
(MA 07-2, RA 07-1, Z 07-3)
Metro Plan Dia2ram Amendment (MA 07-2)
The proposed amendments change the current Metro Plan land use diagram designations of 7.3
acres of subject property north of Green Lane from Low Density Residential to Commercial, -and
would change 1.3 acres of the subject property south of Green Lane from Commercial to Medium
Density Residential.
Eugene Code (EC) Section 9.7730(3) requires that the following criteria (in bold and italics) be
applied to a Metro Plan diagram amendment:
(a)" The amendment must be consistent with the relevant Statewide Planning Goals adopted by the
Land Conservation and Development Commission; and
Goall Citizen Involvement: To develop a citizen involvement program that insures the opportunity
for citizens to be involved in all phases of the planning process.
The City has acknowledged provisions for citizen involvement that ensure the.opportunity for
citizens to be involved in all phases of the planning process and set out requirements for such
involvement. The action does not amend the citizen involvement program. The process for
reviewing these amendments complies with Goal 1 since it complies with, and surpasses the
requirements of, the citizen involvement provisions.
The City of Eugene land use code implements Statewide Planning Goal 1 by requiring that notice of
the proposed amendments be given and public hearings be held prior to adoption. Consideration of
the amendments begins with a City of Eugene Planning Commission public hearing on October 18,
2007. During completeness review, several iterations of the application were sent to the affected
neighborhood group, the Santa Clara Community Organization (SCCO) for early involvement. The
also applicant met with the neighborhood group at different times during completeness review.
Subsequent to deeming the applications complete, on August 31, 2007, the City mailed notice of the
proposed plan amendments to the Department of Land Conservation and Development, as required
by the Eugene Code and in accordance with State statutesA Referrals concerning the pending -
applications were sent to the Oregon Department of Transportation (ODOT), City of Springfield,
Lane County, the affected Neighborhood Association, the SCCO, and to City departments. On
September 18, 2007, notice of the Planning Commission public hearing was mailed to the applicant,
owners and occupants of property within 300 feet of the subject property and the Santa Clara
Community Organization. On September 18,2007, notice was also posted in accordance with Ee
Findings- November 19, 2007
Page 1
9.7415(5). On September 28,2007, notice of the Planning Commission public hearing was
published in the Register-Guard, in accordance with the Eugene Code. The Planning Commission
public hearing was held on October 18,2007, with deliberations held on November 5 and 19,2007
and action take on November 19,2007. An additi.onal public hearing before the Eugene City
Council is scheduled for February 19,2007. Notice to interested and affected parties will also be
provided for that hearing.
In response to the Planning Commission public hearing notice, aside from phone calls, two letters of
written testimony were received. One letter is regarding concerns for increased traffic and does not
support the proposed zone changes. Traffic, regarding compliance with the Transportation Planning
Rule, is discussed below under Goal 12. The other letter is from the SCCO. The letter states that:
"the applicant's willingness to apprise the SeeD if its intentions and gather feedback has been
greatly appreciated. Although we agree in concept with the idea of a mixed-use development, we
differ with the applicant in the implementation of that idea." They state that there is an imbalance
with too much commercial proposed, there is a lack of a truly public gathering space and adequate
amounts of pervious surface, and a lack of transition between the proposed e-2 and the existing R-l
to the east. The SCCO letter includes comments regarding several adopted plan policies which are
addressed under the applicable criteria below. The seeo letter also includes several suggestions to
meet the needs of the Santa Clara community. As noted in.the. SCCO letter, the applicant met with
the neighborhood group early in the application process. At the Planning Commission public
hearing, aside from the applicant's party there were nine people that spoke in favor of the proposal,
and six people that spoke against it.
The process for adopting these amendments complies with Statewide Planning Goal 1 since it
complies with the requirements of the State's citizen involvement provisions.
Goal 2 - Land Use Planning: To establish a land use planning process and policy framework as a
basis for all decisions and actions related to use of land and to assure an adequate factual base for
such decisions and actions.
The Eugene-Springfield Metropolitan Area General Plan (Metro Plan) is the policy tool that
provides a basis for decision-making in this area. The Metro Plan was acknowledged by the State
in 1982 to be in compliance with statewide planning goals. These findings and record show that
there is an adequate factual base for decisions to be made concerning the proposed amendments.
Goal 2 requires that plans be coordinated with the plans of affected govenunental units and that
opportunities be prov~ded for review and comment by affected governmental units. To comply with
the Goal 2 coordination requirement, the City coordinated the review of these amendments with all
affected governmental units. Specifically, notice was mailed to the State Department of Land
Conservation and Development, Oregon Department of Transportation (ODOT), Lane County, and
the City of Springfield. There are no Goal 2 exceptions required for these amendments. Therefore,
the amendments are consistent with Statewide Planning Goal 2.
Goal 3 - Agricultural Land: To preserve and maintain agricultural lands.
Goal 3 is not applicable to these amendments as the subject property and actions do not affect any
agricultural plan designation or use. Goal 3 excludes lands inside an acknowledged urban growth
Findings~ November 19,2007
Page 2
boundary from the definition of agricultural lands. Since the subject property is entirely within the
acknowledged urban growth boundary, Goal 3 is not relevant and the amendments do not affect the
area's compliance with Statewide Planning Goal 3.
Goal 4 - Forest Land: To conserveforest lands.
Goal 4 is not applicable to these amendments as the subject property and actions do not affect any
forest plan designation or use. Goal 4 does not apply within urban growth boundaries and,
therefore, does not apply to the su'!Jject property, which is within Eugene's urban growth boundary
(OAR 660-006-0020). Therefore, Goal 4 is not relevant and the amendments do not affect the
area's compliance with Statewide Planning Goal 4.
Goal 5 - Open Spaces. Scenic and Historic Areas. and Natural Resources: To conserve open space
and protect natural and scenic resources.
The following administrative rule (OAR 660-023-0250) is applicable to this post-acknowledgement
plan amendment (PAPA) request:
(3) Local governments are not required to apply Goal S in consideration of a PAPA unless the
PAPA affects a GoalS resource. For purposes of this section, a PAPA would affect a GoalS
resource only if:
(a) The PAPA creates or amends a resource list or a portion of an acknowledged plan
or land use regulation adopted in order to protect a significant Goal S resource or to
address specific requirements of Goal S;
. (b) The PAPA allows new uses that could be conflicting uses with a particular
significant Goal S resource site on an acknowledged resource list; or
(c) The PAPA amends an acknowledged UGB andfactual information is submitted
demonstrating that a resource site, or the impact areas of such a site, is included in
the amended UGB area.
The subject property does not include a GoalS resource site. The proposed amendments do not
create or amend a list of Goal 5 resources, do not amend a plan or code provision adopted in order
to protect a significant Goal 5 resource or to address specific requirements of Goal 5, do not allow
new uses that could be conflicting uses with a particular Goal 5 resource site, and do not amend the
acknowledged Urban Growth Boundary.
Therefore, Statewide Planning Goal 5 does not apply to these amendments.
Goal 6 - Air. Water and Land Resources Ouality: To maintain and improve the quality of the air,
water, and land resources of the state.
Goal 6 addresses waste and process discharges from development, and is aimed at protecting air,
water and land from impacts from those discharges. Nothing in the proposal or the character of the
site or potential uses indicates a future development that would compromise air, water and land
resources. The proposal does not amend the metropolitan area's air, water quality or land resource
policies. The applicant's findings show that the City can reasonably expect that future development
of the site comply with applicable environmental laws. Therefore, the amendments are consistent
Findings- November 19, 2007
Page 3
with Statewide Planning Goal 6.
Goal 7 - Areas Subiect to Natural Disasters and Hazards: To protect life and property from natural
disasters and hazards.
Goal 7 requires that local government planning programs include provisions to protect people and
property from natural hazards such as floods, land slides, earthquakes and related hazards, tsunamis
and wildfires. The subject property is not located within known areas of natural disasters or
hazards. The subject property is outside the flood zone and is not subject to hazards normally
associated with steep slopes, wildfires, or tsunamis. Other hazards, such as earthquakes and severe
winter storms can be mitigated at the time of development based on accepted building codes and
building techniques. Therefore, these amendments are consistent with Statewide Planning Goal 7.
Goal 8 - Recreational Needs: To satisfy the recreational needs of the citizens of the state and
visitors and, where appropriate, to provide for the siting of necessary recreational facilities
including destination resorts.
Goal 8 ensures the provision of recreational facilities to Oregon citizens and is primarily concerned
with the provision of those facilities in non-urban areas of the state. There are no public or private
recreational facilities on or adjacent to the subject property. Therefore the proposed amendments
will not impact the provision of public recreational facilities, nor will they affect access to existing
or future public recreational facilities.
A phone inquiry questioned whether this site could be considered for a park. Written comments
from the SCCO state, in summary, that this site should include a public plaza/green space.
Communications from Parks and Open Space (POS) staff indicate that the City considered
acquiring the portion of the site that is the former Santa Clara Elementary School site when it was
put up for sale. Based on a variety of factors, POS staff states that the site was not well suited for
park use. The site is now in private ownership.
The amendments are therefore consistent with Statewide Planning Goa18.
Goal 9 - Economic Development: To provide adequate opportunities throughout the state for a
variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens.
The Administrative Rwe for Statewide Planning Goal 9 (OAR 660 Division 9) requires that the City
"[p ]rovide for at least an adequate supply of sites of suitable sizes, types, location, and service
levels for a variety of industrial and commercial uses consistent with plan policies[.]" Among other
things, the rule requires that cities complete an "Economic Opportunities Analysis." OAR 660-009-
0015. Based on the Economic Opportunities Analysis, cities are to prepare Industrial and
Conunercial Development Policies. OAR 660-009-0020. Finally OAR 660-009-0025 requires that
cities designate industrial and commercial lands sufficient to meet short and long term needs. OAR
660-009-0010(2) provides that the detailed planning requirements imposed by OAR 660 Division 9
apply "at the time of each periodic review of the plan (ORS 197.712(3))." In addition, OAR 660-
009-0010(4) provides that, when a city changes its plan designations of lands in excess of two acres
from an industrial use designation to a non-industrial use designation, or an other employment use
Findings- November 19,2007
Page 4
designation to any other use designation, pursuant to a post acknowledgment plan amendment, it
must address all applicable planning requirements and (a) demonstrate that the proposed
amendment is consistent with the parts of its acknowledged comprehensive plan which address the
requirements of OAR 660 Division 9; or (b) amend its comprehensive plan to explain the proposed
amendment pursuant to OAR 660 Division 9; or (c) adopt a combination of (a) and (b) consistent
with the requirements of Division 9.
The applicant states that OAR 660-009-0010(4) does not apply because the proposed amendment
will remove less than two acres from the commercial land supply. The 1.3 acre portion of the
subj ect site south of Green Lane is an "other employment use designation" of Commercial in the
context of this requirement, however it is less than 2 acres, therefore subsection (4) is not
applicable. Further analysis of the Eugene Commercial Lands Study (ECLS) is provided under EC
9.7730(b) and is incorporated herein by reference.
Based on these findings, the proposal is consistent with Statewide' Planning Goal 9.
Goal 10 - Housing: To provide for the housing needs of the citizens of the state.
Goal 10 requires that communities plan for and maintain an inventory of buildable residential land
fot needed housing units. The Administrative Rule for Statewide Planning Goai 10 (OAR 660
Division 8) states that "the mix and ~ensity of needed housing is determined in the housing needs
projection. Sufficient buildable land shall be designated on the comprehensive plan map to satisfy
housing needs by type and density range as determined in the housing needs projection. The local
buildable lands inventory must document the amount of buildable land in each residential plan
designation." The comprehensive plan map for the City is the Metro Plan land use diagram. The
1999 Eugene-Springfield Metropolitan Area Residential Lands and Housing Study ~S) is
acknowledged for compliance with the requirements of Goall 0 and its Administrative Rule.
There is not sufficient evidence to show that any portion of the subject property was included in the
RLS supply analysis. Regarding the portion of the property to the north of Green Lane, page 50 of
the RLS states that it was assumed that 32 percent of residential land would be used for all non-
residential uses, and that land used for no~-residential uses, such as schools, were subtracted from
the available amount of buildable land. The site north of Green Lane has been up until recently
developed with the Santa Clara Elementary School, so it would have been subtracted from the
available buildable land supply. Regarding the portion of the site south of Green Lane, although
zoned as R-l, it is designated as Commercial and developed with a single-family residence and thus
not part of the inventory. As such, it is determined that the proposed amendments do not .affect the
residential land supply because the subject property was not included in the RLS and therefore the
propos~l is consistent with Goal 10. However, the applicant's responses (pages 13-15) are
incorporated herein by reference as demonstrating compliance with Goal lOin the event that it is
determined that the residential land supply is affected by the amendments because the subject
property was included in the RLS.
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Should it be determined that Goal! 0 analysis is needed, the following is noted. The portion of the
property north of Green Lane is designated as Low Density Residential on the Metro Plan. The
portion of the subject property south of Green Lane is designated as Commercial on the Metro Plan.
Findings- November 19,2007
Page 5
The applicant proposes to re-designate approximately 7.3 acres from Low Density Residential to
Commercial, and to re-designate 1.3 acres of Commercial to Medium Density Residential. The
applicant provides ~alysis of the RLS and indicates that the subject property was not individually
considered in the detailed supply and demand analysis; however the site is included within the
supply analysis. The applicant notes the RLS contains a detailed analysis of dwelling units and finds
that the Santa Clara Subarea has the highest percent of single-family dwellings (88%) and the
lowest percentage of multi-family units (less than 1 %) (RLS, page 27). With the proposed
amendment, the maximum number of units on the 1.3 acre site is 37. In the Santa Clara Subarea, the
applicant finds that the proposed amendment will increase the medium density residential dwelling
unit supply by approximately 1.1 % and decrease the low density residential dwelling unit supply by
approximately 1.7% (page 14 of the written statement). The applicant also incorporates the updated
residential supply analysis provided by the City at the time of the GoalS ordinance. The applicant's
findings indicate that there is still an excess of low density zoning and medium density zoning, even
with the proposed amendments, but the applicant asserts that the change in zoning acreage is so
small that no further analysis is necessary. Therefore, based on the findings above the amendments
are consistent with Statewide Planning Goal 10.
Goal 11 - Public Facilities and Services: To plan and develop a timely, orderly and efficient
arrangement of public facilities and services to serve as a framework for urban and rural
~w~m~ .
The area affected by the amendments is located inside the City limits. The existing level of public
facilities and service is adequate to serve the needs of existing and future development. However,
specific design details related to public improvements such as stormwater remain to be resolved in
the context of any future development proposal. The provision of these amendments does not
significantly affect the planning or development of future public facilities or services. Therefore,
the amendments are consistent with Statewide Planning Goal 11.
Goal 12 - Transportation: To provide and encourage a safe, convenient and economic
transportation system.
Goal 12 is implemented through the Transportation Planning Rule (TPR), as defined in Oregon
Administrative Rule OAR 660-012-0000, et seq. The Eugene-Springfield Metropolitan Area.
Transportation Plan (TransPlan) provides the regional policy framework through which the TPR is
implemented at the local level. The TPR (OAR 660-012-0060) states that when land use changes,
including amendments to acknowledged comprehensive plans, significantly affect an existing or
planned transportation facility the local government shall put in place measures to assure that the
allowed land uses are consistent with the identified function, capacity and performance standards
(level of service, volume to capacity ratio, etc.) of the facility.
To address the TPR, the applicant submitted findings and a Transportation Impact Analysis (TIA),
dated August 28, 2007, which was prepared by the consulting firm of Branch Engineering, Inc.
Subsequent to the August 28th submittal, the applicant revised the TIA several times, responding to
comments from the Oregon Department of Transportation (ODOT), the City and Lane County. The
TIA evaluates the current performance of impacted transportation facilities, the performance of
these facilities in 2022 with the proposed amendments (re-designate 7.3 acres from Low Density
Findings- November 19,2007
Page 6
Residential to Commercial and re-designate 1.3 acres of Commercial to Medium Density
Residential), and the performance of the facilities in 2022 without the proposed amendments. The
. TIA uses a "reasonable worst-case" scenario for C-2 commercial uses (for the portion of the
property re-designated to commercial) as depicted on Appendix F of the TIA, and a "reasonable
worst-case" scenario for the R-2 uses (for the portion of the property re-designated to Medium
Density Residential) based on the maximum allowable density of dwelling units, and anticipated
trip generation and distribution during the PM peak hour. Based on the TIA, the proposed
commercial and residential uses are anticipated to generate 361 trips in the PM peak hour.
City, Lane County and ODOT staff were consulted in the scoping and development of the TIA and
generally agree that the analysis methods used in the TIA are acceptable. (The TIA determined that
no further examination was needed for any state facilities than as provided in Appendix G). The
TIA included analysis of the following existing transportation facilities:
rransportationFacinties
Street Clas.sification Jurisdiction
Hunsaker lane! Site Access Major Collector lane County
Hunsaker lane! River Road Major Collector! lane County! City of
- Major Arterial Eugene
River Road! Site Access Major Arterial City of Eugene
River Road! Green lane local City of Eugene
.Green Lane!Site Access local City of Eugene
"
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In addition to including the above existing transportation facilities, the TIA also included discussion
of planned transportation facilities, as required by OAR 660-012-0060(1). Regarding planned
transportation facilities, the TIA states that the City's Transportation System Plan (TransPlan)
provides for "financially constrained un-programmed" (projects planned for construction but may
not have funding sources identified) improvements to Hunsaker Lane, which include on-street
bicycle lanes and other upgrades to urban standards. The Regional Transportation Program also
identifies those planned improvements for Hunsaker Lane. Referral comments do not indicate any
other planned facilities.
Determination of Significant Effect
The TPR requires a determination of which existing and planned transportation facilities will
experience a significant effect as a result of the proposed plan amendment, and defines what
constitutes a significant effect. One way in which an amendment will significantly affect an
existing or planned transportation facility is, if at the end of the planning period, the amendment
will reduce the performance of a transportation facility below the minimum acceptable performance
standard or will worsen the performance of a transportation facility that is otherwise projected to
perform below the minimum acceptable performance standard (OAR 660-0 12-0060(1)(c)(B) and
(C)).
In determining whether there is a significant effect, different measurements are used to identify and
analyze each facility for the minimum level of performance standard. Level of Service D (LOS D)
is the minimum acceptable performance standard for City of Eugene. As identified in TransPlan,
LOS A represents the least congested conditions and LOS F the most congested. The Lane County
Findings- November 19, 2007
Page 7
Transportation System Plan indicates that the volume to capacity (v/c) ratio of 0.85 is considered
the minimum acceptable performance standard for Lane County facilities. As found below, the v/c
performance standard is the focus of the proposed mitigation because a Lane County facility is
determined to be significantly affected.
The end of the planning period in the City's adopted transportation system plan (TransPlan) is 2015.
During the TIA scoping process, based on input from technical staff from OOOT, Lane County and
City, the applicant's analysis under OAR 660-012-0060 extends the planning period to 2022, which
provides more conservative estimates by accounting for more background growth as well as a
consistent year for analysis purposes.
As the applicant states, the proposed plan amendments will not significantly affect existing
transportation facilities under OAR 660-0 12-0060(1)(a) or (l)(b). This is because the proposed
amendments will not change the functional classification of an existing or planned transportation
facility under (l)(a) or the standards implementing a functional classification facility under (l)(b).
Regarding subsections OAR 660-0 12-0060(1)(c)(A),(1)(c)(B) and (l)(c)(C), the applicant is correct
that, with the exception of the River Road at Hansaker Lane/Irving intersection, the proposed
amendments will not significantly affect existing transportation facilities.
The performance of the River Road at Hunsaker Lane/Irving intersection is significantly affected by
the proposed amendments in the context of subsection (l)(c)(C), with regard to Lane County's
miniinwn v/c performance standard. This is because the proposed amendments would worsen the
performance of a facility that is otherwise proj ected to perform below the minimum acceptaqle
performance standard by the end of the planning period. Specifically, as shown in Table 7 of the
applicant's TIA (page 29), in 2022 the River Road at Hunsaker Lane/Irving is projected to perform
below the minimum standard of 0.85 v/c by performing at 1.41 without the proposed amendments,
and with the proposed amendments. With the proposed amendments, in 2022 River Road at
Hunsaker/Irving intersection is projected to perform at 1.43 v/c. Therefore, the River Road at
Hunsaker Lane/Irving intersection is significantly affected by the proposed amendmentsl. See
OAR 660-0 12-0060( 1 )( c )( C).
Mitigation of Impacts
Pursuant to OAR 660-012-0060, a proposed amendment that significantly effects a transportation
facility can be allowed, provided the applicant can demonstrate compliance with either OAR 660-
012-0060(2) or (3). Pursuant to OAR 660-012-0060(1), when a local government determines that an
. amendment would significantly affect an existing or planned transportation facility, the local
government must put in place measures as provided in OAR 660-012-0060(2) to assure that the
allowed land uses are consistent with the identified function, capacity and performance standards
(level of service, volwne to capacity ratio, etc.) of the facility. If there are no measures that will
assure that the allowed land uses are consistent with the identified function, capacity and
performance standards of the facility, the City could still approve the proposed amendment if the
applicant demonstrates compliance with OAR 660-012-0060(3).
I Note that the same intersection is not significantly affected with respect to City of Eugene LOS performance standard
because the intersection is already projected to fail at LOS F and will not worsen by the proposal as it is projected to
stay the same at LOS F with the proposed development.
Findings- November 19,2007
Page 8
To mitigate the significant effect that the proposed amendments will have on the River Road at
Hunsaker Lane/Irving intersection, the applicant has proposed the following improvements:
· Construct an additional Hunsaker Lane westbound approach lane.
Jurisdiction: Lane County
· Construct an additional Green Lane westbound approach lane.
Jurisdiction: City of Eugene
The applicant states on pages 17-20 of the Mitten statement that the mitigation is proposed under
OAR 660-0 12-0060(2)(e), and also under OAR 660-012-0060(3) if the City chooses to invoke
subsection (3). Based on the applicant's TIA and supplemental materials, it is determined that the
proposed mitigation measures will not bring the significantly affected facility (River Road at
Husaker/Irving) up to the identified function, capacity and performance standards of the facility by
the end of the planning period. Specifically, in order to demonstrate compliance with OAR 660-
012-0060(1) (as required by subsection (2)(e)), the applicant must provide enough mitigation to
increase the performance of the intersection up to the minimum standard identified by Lane County,
0.85 v/c. The proposed mitigation, as shown in Table 8 of the TIA (page 33), only improves the
perfQrmance of the intersection to 1.19 vie. Accordingly, the applicant's proposed mitigation
measures do not meet the requirements of OAR 660-012-0060(1) and OAR 660-012-0060(2)( e).
However, as previously noted, the City may still approve the proposed amendment if the applicant
demonstrates compliance with OAR 660-012-0060(3). This provision states that a local
goverrunent may approve an amendment that would significantly affect an existing transportation
facility without assuring that the allowed land uses are consistent with the function, capacity and
performance standards if the applicant can demonstrate compliance with the five requirements of
subsection (3)(a) through (e) below. Findings addressing compliance with these requirements are
provided below.
OAR 660-012-0060(3)(a) The facility is already performing below the minimum acceptable
performance standard identified in the TSP or comprehensive plan on the date the
amendment application is submitted;
Consistent with this subsection, River Road at Hunsaker/Irving is currently performing at 0.91 v/c,
which is below the acceptable performance standard of 0.85 vie, as demonstrated in the applicant's
TIA in Table 7 (page 29).
OAR 660-012-0060(3)(b) In the absence of the amendment, planned transportation
facilities, improvements and services as set forth in section (4) of this rule would not be
adequate to achieve consistency with the identified function, capacity or performance
standard for that facility by the end of the planning period identified in the adopted TSP;
As shown in the applicant's analysis in the TIA, in the absence of these amendments, the planned
facilities, etc., would not be adequate to achieve consistency with the performance standard of the
facility by the end of the planning period, consistent with this subsection.
Findings- November 19,2007
Page 9
OAR 660-012-0060(3)(c) Development resultingfrom the amendment will, at a minimum,
mitigate the impacts of the amendment in a manner that avoids further degradation to the
performance of the facility by the time of the development through one or a combination of
transportation improvements or measures;
Under this subsection, development resulting from the proposed amendment must mitigate the
impacts of the amendments in a manner that avoids further degradation of the transportation facility
by the time of development, which is anticipated by the applicant to be 2008 . To address this
requirement, the applicant has proposed to construct an additional Hunsaker Lane westbound
approach lane and to construct an additional Green Lane westbound approach lane.
As shown on Table 8 of the TIA (page 33), at the time of development (build year 2008) the River
Road at Hunsaker/Irving intersection is projected to further degrade to perform at .98 vie. As a
result of the proposed mitigation, the v/c would remain at .98 at the time of development (2008)
therefore the proposed amendments would avoid further degradation of the facility, as required by
subsection (3)( c). The TIA indicates that a traffic signal was considered at the Green Lane
intersection, but that due to the proximity to adjacent signalized intersections, it was determined that
a signal at Green Lane would likely degrade the capacity of River Road north-south movements.
However, the TIA demonstrates that the proposed mitigation is sufficient to avoid further
degradation, consistent with OAR 660-012-0060(3 )( c). In order to ensure that the development.
resulting from the proposed amendments will not cause further degradation of the intersection, any
future development of the site will be conditioned on the construction of these two approach lanes.
OAR 660-012-0060(3)(d) rhe amendment does not involve property located in an
interchange area as defined in paragraph (4) (d) (C); and
Consistent with this subsection, the amendment does not involve property located in an interchange
area, as defined in OAR 660-0 12-0060(4)(d)(C).
OAR 660-012-0060(3)(e) For affected state highways, ODOr provides a written statement
that the proposed funding and timing for the identified mitigation improvements or measures
are, at a minimum, sufficient to avoidfurther degradation to the performance of the affected
state highway. However, if a local government provides the appropriate ODOr regional
office with written notice of a proposed amendment in a manner that provides ODOr
reasonable opportunity to submit a written statement into the record of the local government
proceeding, and ODOr does not provide a written statement, then the local government. may
proceed with applying subsections (a) through (d) of this section.
Consistent with this subsection, as indicated in the TIA, the amendment does not affect a state
highway. ODOT indicated no concerns with this revised TIA, dated August 28,2007.
Conclusion
Based on the available evidence, the proposal complies with Statewide Planning Goal 12 as
implemented through OAR 660-012-0060, with the imposition of the following condition. of
approval to ensure that the necessary transportation improvements are in place prior to operation of
the commercial and residential uses:
Findings- November 19,2007
Page 10
The applicant shall record in the Office of the Lane County Clerk restrictive covenants on
the real property that is the subject of the proposed amendments, in a form acceptable to the
City Attorney, stipulating that any future development approval for the site shall require, by
the time of development, full and complete construction of an additional westbound
approach lane on Hunsaker Lane and an additional westbound approach lane on Green Lane.
The restrictive covenants shall be binding on any successive owner(s) of the property, are
enforceable by the City of Eugene any may be amended only with the express written
consent of the City of Eugene.
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Based on the above findings and approval condition as imposed, the proposal is consistent with
Statewide Planning Goal 12.
Goal 13 - Energy Conservation: To conserve energy.
Statewide Planning Goal 13 calls for land uses to be managed and controlled "so as to maximize the
conservation of all forms of energy, based upon sound economic principles." Goal 13 is directed at
the development of local energy policies and implementing provisions and does not state
requirements with respect to other types of land use decisions. To the extent that Goal 13 could be
applied to the proposed change in designation, the designation is consistent with Goal 13. The
proposed site is located so that a future development can make efficient use of energy with direct
and efficient access. The proposal is consistent with Statewide Planning Goal 13.
Goal 14 - Urbanization: To provide/or an orderly and efficient transition/rom rural to urban land
use.
The amendments do, not effect the transition from rural to urban land use, as the subject prope~y is
within the City limits. Therefore, Statewide Planning Goal 14 does not apply.
Goal 15 - Willamette River Greenway: To protect, conserve, enhance and maintain the natural,
scenic, historical, agricultural, economic and recreational qualities 0/ lands along the Willamette
. River as the Willamette River Greenway.
The subject property is not within the boundaries of the Willamette River Greenway. Therefore,
Statewide Planning Goal.15 does not apply.
Goal 16 through 19 - Estuarine Resources. Coastal Shorelands. Beaches and Dunes. and Ocean
Resources:
There are no coastal, ocean, estuarine, or beach and dune resources related to the property effected
by these amendments. Therefore, these goals are not relevant and the amendments will not affect
compliance with Statewide Planning Goals 16 through 19.
(b) Adoption oftlte amendment must not make the Metro Plan internally inconsistent.
The Metro Plan diagram amendment to re-designate 7.3 acres of land from Low Density Residential
Findings- November 19, 2007
Page 11
to Commercial and 1.3 acres. of land from Commercial to Medium Density Residential will create
an internal conflict with the remainder of the Metro Plan.
The applicant provided detailed findings intending to show how the Metro Plan diagram
amendment is consistent with the policy direction contained in the Metro Plan. Those polices are
addressed below.
The following Metro Plan polices are applicable to this request:
Growth Management Goals. Findings. and Policies
The UGB and sequential development shall continue to be implemented as an essential
means to achieve compact urban growth. The provision of all urban services shall be
concentrated inside the UGB. (Policy 1)
As detailed in the response to Statewide Goal 11 (above) urban services are available to the subject
property and the property is within the Eugene portion of the metropolitan UGB and within the
incorporated City limits. As such, the subject property is providing for compact urban growth and
has the essential services available for development. As defined in the glossary of the Metro Plan
compact urban growth is defined as:
Thefilling in of vacant and underutilized lands in the.UGB, as well as redevelopment
inside the UG B.
The amendments will allow compact urban growth to occur on lands that are currently within the
UGB and underutilized for an urban area. The redevelopment of the site will provide needed
commercial employment opportunities and also provide medium density residential development.
As such the proposed amendments support this policy.
To accomplish the Fundamental Principle of compact urban growth addressed in the text
and on the Metro Plan Diagram, overall metropolitan-wide density of new residential
construction, but necessarily each project, shall average approximately six dwelling units
per gross acre over the planning period (policy 24)
The proposed development seeks to increase the amount of medium density residential designated
land within the subject site area and thus increase the supply of land available for higher density
development within the River Road/Santa Clara subarea. The future development of the site,
therefore, will help the region achieve its goal of compact urban growth. As such the proposed
amendments support this policy.
Encourage development of suitable vacant, underdeveloped, and redevelopable land where
services are available, thus capitalizing on public expenditures already made for these
services. (Objective 8)
The subject property is currently underdeveloped with access to readily available public facilities
and services. Approval of this proposal will capitalize on the public services and expenditures
Findings- November 19, 2007
Page 12
already made and planned for in the immediate area. In short, the underdeveloped subject property
is suitable for commercial and residential uses and has access to public facilities and services. As
such the proposed amendments support this policy.
Metro Plan Specific Elements
A. Residential Land Use and Housing Element
Table 5 shows that the amendment will remove 7.3 acres of land from Low Density Residential
supply and add it to the supply of Commercial land and remove 1.3 acres of land from the
Commercial land supply and add it to the supply of Medium Density Residential land. A net loss of
6.0 acres of residential land occurs, however, the supply of higher density land increases. In
addition, the refinement plan amendment will remove 1.3 acres of land from commercial
designation !llld add 1.3 acres to the Medium Density Residential designation. The proposed zone
change will remove 1.3 acres of land from Low Density Residential (R-1) and add it to Medium
Density Residential (R-2) supply. The proposed amendments will provide needed Medium Density
Residential land in close proximity to commercial services and does not hinder the ability to provide
for the housing needs o(the community which has an adequate supply of low density residential
land as detailed herein within the discussion of Goal 1 O.
Table 5: Amendment Changes in Acres
Metro Plan
LOR to COM
COM to MDR
No Change
Total
R~$C
GE to C
Cto M
No change
Total
Zonio. .
PL To C-2
C-1 to C-2
R-1 to R-2
No change
Total
. Su~J~ct
.$l~e
7.3
1.3
0.1
8.7
O:eveIQpmenf. .
S1lij .
7.3
1.3
0.6
9.2
Key:
Metro Plan: LDR-Low Density Residential, MDR-Medium
Density Residential, COM-Commercial;
RR/SC RP: M-Medium Density Residential, C-Commercial,
GE-Government & Education;
Zoning: R-I-Low Density Residential, R-2-Medium Density
Residential, C-I-Neighborhood Commercial, C-2-Community
Commercial,PL-Public Land
5.2
2.1
1.3
o
8.7
5.2
2.2
1.3
0.4
9.2
Source: LCOG data, analysis by Satre Associates, PC
Provide an adequate supply ofbuildable residential land within the UGBfor the 20-year
planning period at the time of Periodic Review. (Policy A.3)
The 2004 update of the Metro Plan planned for an adequate supply of residential land based on the
analysis of the 1999 Residential Land Supply. As discussed in more detail under Goal 10, herein,
the applicant is not appreciably affecting the regional supply of residential land and is increasing the
Findings- November 19,2007
Page 13
supply of Medium Density land within an underserved area of the community that is also located
close to transit and other services. As such this proposed amendment supports Policy A.3.
. Require development to pay the cost, as determined by the local jurisdiction, of extending
public services and infrastructure. The cities shall examine ways to provide subsidies or
incentives for providing infrastructure that support affordable housing and/or higher density
housing. (Policy A.8)
The applicant shall conform to City of Eugene requirements and pay the fair cost of extending
public services and infrastructure. The proposed amendments within this amendment will allow a
greater diversity of housing types to occur on the subject property than would be possible under the
current designation. As such this proposed amendment supports this policy.
Promote higher residential density inside the UGB that utilizes existing infrastructure,.
improves the efficiency of public services and facilities, and conserves rural resource lands
outside the UGB. (Policy A.I 0) .
Generally locate higher density residential development near employment or. commercial
service, in proximity to major transportation systems or within transportation-efficient
nodes. (Policy A.II)
Coordinate higher density residential development with the provision of adequate
infrastructure and services, open space, and other urban amenities. (Policy A.I2)
The proposed PAPA will promote higher density development by increasing the total supply of
medium density designated and zoned land within the metropolitan area. The Santa Clara subarea is
underserved by higher density development and through this amendment the applicant proposes to
increase the overall supply. in the subarea to meet the needs of the community. The proposed
amendment will locate Commercial land adjacent to Medium Density Residential on the same
development site which allows for the integration of an overall complex, or mixed-use,
development of commercial and residential. In addition, the proposed amendment is adjacent to
River Road, a major transportation route which has existing Lane Transit District (L TD) bus service
and is identified to have a Bus Rapid Transit (BRT/eMX) route ending at the current transfer station
located approximately one-half mile to the south of the subject property on River Road. As such,
the proposed PAPA supports the utilization of existing infrastructure while increasing overall
density and providing needed commercial services.
Increase overall residential density in the metropolitan area by creating more opportunities
for effectively designed in-fill, redevelopment, and mixed use while considering impacts of
increased residential density on historic, existing and future neighborhoods. (Policy A.I3)
The subject area is located within "Potential Nodal Development Area 5C" (TransPlan) and the
applicant is proposing to develop a mix of commercial and residential uses that shall include
employment and commercial opportunities. These uses will benefit both future residents of the
proposed development and existing residents of the River Road! Santa Clara area. The Development
Site is located in the northwest comer of Potential Node 5-C and represents approximately 8.2% of
Findings- November 19,2007
Page 14
the entire area of the proposed node. Table 6 shows the current and proposed Metro Plan
designations for Potential Node 5-C. The proposed changes will increase the supply of commercial
land by 16.2%, decrease the supply of low density residential land by approximately 36.9% and
increase the supply of mediwn density residential land by 2.5%. See Exhibit H for additional
information.
Table 6: Current and Proposed Metro Plan Designations (potential Node 5-C)
Existing Condition Proposed Change
Total Acres % Total Acres Chan ed. % Chan e Total Acres
36.7 33.3% 5.9 16.2% 42.6
19.7 17.9% -7.3 -36.9% 12.4
53.8 48.8% 1.3 2.5% 55.1
110.2 110.2
Desi nation
Commercial
Low Density Residential
Medium Densi Residential
Total
% Total
38.7%
11.3%
50.0%
Source: City of Eugene, analysis by Satre Associates, PC
Table 7 shows that zoning ratios within the Potential Node 5-C are similar to existing Metro Plan
designations. The main differences are that the Metro Plan does not include a Public Land category
and the zoning of the Potential Node 5-C area further differentiates conunercial into Neighborhood
and Community Commercial categories. From the table, it is evident that the only Neighborhood
Commercial within the nodal area is proposed to be removed with this application seeking to
replace it with an integrated mixed-use center that will function to provide a neighborhood level
connection. In addition, the table shows that the percent of zoned Medium Density Residential land
is significantly less than the area that is designated within the Metro Plan (it may be interpreted that
the amount ofR-lland exceeds the amount that the City has allocated for the nodal area.) The
proposed amendments will ensure that mediwn density residential land is developed at appropriate
densities in conjunction with the mixed-use center. The proposal satisfies the intent of the Metro
Plan and this policy.
Table 7: Current and Pro osed Zonin otential Node 5-C
Existing Condition
Desi nation Total Acres % Total
C-1, Neighborhood Commercial 2.2 2.0%
C-2, Community Commercial 36.7 33.3%
R-1, Low Density Residential 33.5 30.4%
R-2, Medium Density Residential 32.5 29.5%
PL, Public Land 5.2 4.7%
Total 110.2
Source: LCOa data, analysis by Satre Associates, PC
Proposed Change
Acres Changed % Chan e Total Acres
-2.2 -100.0% 0.0
7.4 20.3% 44.1
-1.3 . -4.0% 32.2
1.3 4.1% 33.8
-5.2 -100.0% 0.0
110.2
% Total
40.1%
29.2%
30.7%
The applicant is proposing to develop a horizontal mixed-use center that combines single-use
buildings on distinct parcels in a range of land uses in one planned development project. This
approach achieves the goal of place making that is made possible by bringing together
complimentary uses in one place. In addition, the mixed-use center is within a ten to twenty minute
(1/4 mile to Y2 mile) walking distance of public transit and a range of other uses. '
The Metro Plan defines Nodal development (node) thusly (p. II-G-8):
Findings- November 19,2007
Page 15
. Design elements that support pedestrian environements and encourage transit
use, walking and bicycling;
· A transit stop which is within walking distance (generally ~ mile) of anywhere
in the node; .
. Mixed uses so that services are available within walking distance;
· Public spaces, such as parks, public and private open space, and public
facilities, that can be reached without driving; and
· A mix of housing types and residential densities that achieve an overall net
density of at least 12 units per net acre. 1J
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UAreas identified as nodal development areas in TransPlan are considered to have potential
for this type of land use pattern. Other areas, not proposed for nodal development in
TransPlan, may be determined to have potential for nodal development.
Nodal development is a mixed-use, pedestrian friendly land use pattern that seeks to
increase concentrations of populations and employment in well defined areas with good
transit service, a mix of diverse and compatible land us.es, and public and private
improvements designed to be pedestrian and transit oriented. Fundamental characteristics
of nodal development require:
Additional information regarding the various types of commercial development is included on
pages II-G-4 and II-G-5 of the Metro Plan. The information provides clarification on what
constitutes community commercial, neighborhood commercial and strip or street-oriented
commercial and how they differ. The applicant's submittal is for a mixed-use center (community
commercial and residential). Although the existing development along River Road is strip
commercial the proposed amendments to the Metro Plan and Refinement Plan ensure that a
community commercial facility is developed that, while scoping beyond the neighborhood, provides
many of the core ingredients of a neighborhood commercial development including:
. Within convenient walking or bicycling distance of an adequate support
population. According to the US Census the population of Tract 23 which
includes the proposed development and area to the east of River Road is 6,663
persons2. This area will provide the primary support population for the proposed
development with others coming from the adjacent neighborhoods3. Bicycle
lanes and well designed pedestrian areas are provided and elements of these areas
are further explained with the proposed refinement plan text amendments.
. Adequate area to accommodate off-street parking and loading needs and
landscaping, particularly between the center and adjacent residential property,
as well as along street frontage next door to outdoor parking areas. The
provisions for landscaping and parking will be addressed at time of Site Review
and Planned Unit Development application that are proposed to be required as
2 Source: US Census, http://www.census.gov
3 The Santa Clara neighborhood is comprised of two primary Tracts (23 and 24) with a total population of 17,125
people according to the 2000 US Census; it is likely that this area will provide the primary and secondary support for
the proposed development.
Findings~ November 19,2007
Page 16
part of the refinement plan text amendments. Adequate parking and off-street
parking and loading areas will be 'provided and shall pay attention to the need to
screen nearby residential uses.
. Sufficient frontage to ensure safe and efficient automobile, pedestrian and
bicycle access without conflict with moving traffic at intersections and along
adjacent streets. The site will have frontage along three streets, River Road,
Hunsaker Lane and Green Lane. The refinement plan provides text that calls for
primary streets to be internal to the development site and designed as 'Shopping
Streets'. The development does not propose strip style development and will
provide convenient and safe access for automobiles, pedestrians and bicyclists
without conflict with moving traffic at intersections or along adjacent streets.
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Existing strip commercial development along River Road shall be removed and replaced according
to the design considerations of the. refmement plan text to ensure that the proposed mixed-use center
is appropriately scaled to provide for the needs of pedestrians and cyclists while also ensuring
compatibility with surrounding neighborhood development..
Concurrent with this application is an application to amend the River Road! Santa Clara Urban
Facilities Plan. The proposed map and text amendments provide specific language integrating the
commercial and residential portions of future development integrating and meeting many of the.
objectives of a nodal development. The development site currently has L TD stops along its River
Road and Hunsaker Lane frontages and is within one-half mile distance from the River Road! Santa
Clara transfer station Gust south of Beltline Highway). Additionally, the proposed development will
provide a pedestrian friendly cOIUlection to adjoining residences, utilize existing infrastructure, and
increase overall density within the potential node 5-C area. Design guidelines are suggested that
will ensure that the residential and commercial portions of the project are integrated and have
sufficient pedestrian friendly amenities to foster the connection that a nodal development area
requires. As such this proposed amendment supports this policy.
Provide opportunities for a full range of choice in housing type, density, size, cost, and
location. (Policy ~.17)
The applicant's proposed amendment will increase the opportunities for medium density residential
development including options for a variety of housing types including townhomes and apartments.
The potential density of development is compatible with neighboring medium density residential
designated land located to the east of the subject site and is within the desired ranges for medium
density residential. The location of the proposed residential amendments supports a ten to twenty
minute (1/4 mile to ~ mile) walking distance to public transit and a range of other uses which
supports the nodal and mixed-use concepts.
Expand opportunities for a mix of uses in newly developing areas and existing
neighborhoods through local zoning and development regulations. (Policy A.22)
The proposed amendment will facilitate a zone change and therefore increase the mix of uses
providing medium density residential and commercial opportunities sited together on one
Findings- November 19,2007
Page 17
development site as a horizontal mixed-use4 center, while also infilling in an area of more typical
single-family suburban development. The increased commercial and employment opportunities will
benefit the existing residents and future residents of the development site. For more information on
the connection with Potential Node 5-C, see Metro Plan Policy A.13 above.
Reduce impacts of higher density residential and mixed-use development on surrounding
uses by considering site, landscape, and architectural design standards or guidelines in
local zoning and development regulations. (Policy A.23)
The proposed amendments include text changes to the River Road/ Santa Clara Urban Facilities
Plan that include the use of the Planned Unit Development process in order to ensure that the
proposed development provides a pedestrian orientation that is scaled appropriately. Provisions
include reducing the maximum allowed are of a single building to no more than 18,000 square feet,
reducing the height limitation to 35-feet and providing a pedestrian friendly connection across
Green Lane to provide a linkage to nearby residential development (see Refinement Plan
application for more information). The procedure of a Planned Unit Development shall provide
ample opportunity for review to assure that impacts of the mixed-use development are appropriately
mitigated within the Development Site. As such these amendments support this policy.
B. Economic Element
A detailed analysis of Economic Element policies is contained in the applicant's response Statewide
Planning Goa19 - "Economic Development." Those responses are hereby incorporated by
reference.
Increase the amount of undeveloped land zoned for light industrial and commercial uses
correlating the effective supply in terms of suitability and availability with the projections of
demand (policy B.6)
The proposal is found to be consistent with this policy B.6 though consistency with the following
policies of the Eugene Commercial Land Study (ECLS) and River Road-Santa Clara Urban
Facilities Plan (RRSC), Commercial and Industrial Land Use policies. Furthermore, the specifics of
the site (a former school site and dealing with the transition from that use) make this a unique
situation, and ultimately the proposal provides refinement plan text amendments that ensure the
proposal is limited in a way (i.e. by proposing use and building size limitations) that directly
addresses those components of the refinement plan that restrict new community commercial
development and result in the proposal being a limited community commercial development.
Eugene Commercial Land Study (ECLS)
4 The Metro Plan defmes Mixed use as: "A building, project or area of development that contains at least two different
land uses such as housing, retail, and office uses. 11 (Metro Plan, p. III-A-9) This proposal allows appropriate planning
and zoning for an integrated horizontal mixed-use project on a "development site" as defined by the Eugene Code as
such it meets the intent of the Metro Plan and Eugene Code defmitions for a mixed-use development site.
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Promote redevelopment of existing commercial areas and compact, dense growth by
encouraging businesses to revitalize and reuse existing commercial sites. (ECLS
Policy 6.0) .
To the extent this policy pertains to the applicant's request, although tp.e proposal
does not revitalize and reuse an existing commercial site, the proposal does promote
redevelopment of an existing commercial area in that the proposal would redevelop
vacated land that is located in an existing commercial area, that is, within the River
Road strip commercial development surrounded on three sides by commercial uses.
(Implementation Strategies' 6.1 and 6.2 do not provide context for this policy in that
. the request does not pertain to a large commercial site, i.e., one large enough for a
regional retail or office center, rior does it affect relocation or expansion of business
downtown. )
Recognize the differing needs of residential areas in the various parts. of the
community, and determine the need to create additional commercial sites in light of.
opportunities for redevelopment. (ECLS Policy 8.0)
To the extent that this policy pertains to the applicant's request, taken in the context
of Implementation Strategy 8.1, the applicant's proposal for a Community
Commercial designation and C-2 zoning with limitations creates an additional
commercial site in light of an opportunity for redevelopment of an area designated
and zoned for residential purposes, and would provide for small scale commercial
development~
Recognize that the commercial sites designated in the River Road/Santa Clara
Urban Facilities Plan provide adequate commercial supply for the area. Consider
additional commercial land in the vicinity of the Chambers Connector if needed to
address community commercial needs. (ECLS Policy 22.0)
To the extent this policy pertains to the applicant's request, it must be considered in
the context of the findings and policies found in the Commercial and Industrial Land
Use (CILU) element of the River Road/Santa Clara Urban Facilities Plan (RRSC).
Findings 5, 6, 7, and 8 refer.to community commercial allocations.. The request is
for a limited community commercial designation and zoning, which satisfies the
policies of the RRSC, and therefore ECLS 22.0 (~d Metro Policy B.6), as follows:
River Road-Santa Clara Urban Facilities Plan (RRSC), Commercial and Industrial
Land Use (CILU) element
Prohibit the linear expansion of existing strip com?flercial areas fronting on River
Road. Existing strip commercial development may expand by infilling,
redevelopment, or expansion onto contiguous property that does not front on River
Road. (RRSC, CILU Policy 3.0)
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The proposal does not expand the existing strip commercial areas fronting River
Road in a linear manner in that the subject site is not located at either the well
defined north or south ends of the strip development, but rather fills a gap within the
area. The proposal expands the existing strip development by infilling and
redevelopment. (Note: This policy is "permissive" in that development may expand
in various manners including expansion onto contiguous property that does not front
on River Road. This policy is not "restrictive", that is, it is not to be construed as
meaning that infill, redevelopment and expansion is allowed only on contiguous
property that does not front on River Road.)
Minimize impacts of new commercial development intended to consolidate and
improve existing strip commercial areas along River Road by requiring development
standards. (RRSC, CILU Policy 5.0)
The proposal consolidates commercial development by filling the gap in the existing
strip commercial area along River Road, and would improve the existing strip
commercial by addressing the Suggested Actions 5.1 for redevelopment within
existing commercial areas fronting on River Road, i.e., site plan review, landscape
parking, consolidation of access points, and proximity to other commercial uses.
New neighborhood commercial uses shall be located away from River Road in
locations that facilitate the provision of commercial facilities scaled to a residential
area and that allow for dispersal of commercial uses throughout River Road-Santa
Clara. (RRSC, CILU Policy 6.0)
To the extent that this policy pertains to the request, the applicant is not proposing
that more neighborhood commercial be located along River Road.
Recognize the vital role of neighborhood commercial facilities in providing services and
goods to a particular neighborhood. (Policy B. 28)
Encourage the expansion or redevelopment of existing neighborhood commercial facilities
as surrounding residential densities increase or as the characteristics of the support
population change. (Policy B. 29)
The Santa Clara School stood as a center of neighborhood activity for many years. The proposed
amendments will support redevelopment of the site, thereby continuing and expanding that
tradition. If the former school grounds were developed under the current low-density residential
designation, it would be a retreat from the role this site has played providing vital services to the
neighborhood. The City has identified a potential nodal development area that includes this site.
When implemented, residential densities will increase and require goods and services that can be
provided with approval of the proposed amendments, but not with the existing designation.
Concern that reducing the area of C-l zoning and increasing C-2 land may result in a more intense
community rather than a neighborhood commercial area is addressed by the refinement plan
amendment. This amendment requires Planned Unit Development or Site Plan review that will
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Page 20
provide opportunities for the City and the Neighborhood association to scrutinize development
proposals. It also limits the size of commercial buildings on the site and requires buildings oriented
toward internal streets and sidewalks rather than exclusively to the arterial. Although the
Community Commercial zoning district will allow slightly more flexibility of uses, the proposed
refinement plan policies requiring subsequent development reviews and limiting building scale will
assure the neighborhood character of future development. For these reasons, the proposed
amendments support and implement Metro Plan policies "B.28" and "B.29."
F. Transportation Element
The project area is currently served by River Road (a Major Arterial), Hunsaker Lane (a Major
Collector) and Green Lane. Hunsaker Lane is a county road that is not improved to urban standards;
development of the subject site will include improvements to Hunsaker, proportionate to the impact
of development that will bring the road to urban standards.
Additional information in this statement's response to Statewide Planning Goal 12 -
"Transportation" is hereby referenced arid incorporated.
Apply the nodal development strategy in areas selected by each juri~diction that have
identified potential for this type of transportation-efficient land ?lse pattern. (Policy F.1)
The subject site is identified in TransPlan as "Potential Nodal Development Area 5-C". Although
the area is identified as a potential nodal development area the City has not identified the site for
development as a node. Although the applicant is not specifically developing the site under the
nodal standards the applicant's mixed-use center concept is support of the intent of the node
concept. Future development of the site shall take advantage of its proximity to nearby commercial
services and existing and prop.osed transportation networks that complements the nodal standards
and provides a scale that is compatible with existing and future residential areas. Please see
discussion under Metro Plan, Policy A.I3 for more information on how this policy is met.
Support transportation strategies that enhance neighborhood livability. (Policy F .13)
. Address the mobility and safety needs of motorists, transit users, bicyclists, pedestrians, and
the needs of emergency vehicles when planning and constructing roadway system
improvements. (Policy F.14)
Require bikeways along new and reconstructed arterial and major collector streets. (Policy
F.23)
Provide for a pedestrian environment that is well integrated with adjacent land uses and is
designed to enhance the safety, comfort, and convenience of walking. (Policy F .26)
The proposed development will be served by the existing streets (River Road, Hunsaker Lane,
Green Lane). Bike lanes currently exist on River Road and the applicant will construct bike lanes on
Hunsaker Lane as required at the time of.future development. The development will be easy to get
around, and to do so on foot with an enhanced pedestrian connection at Green Lane that will
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Page 21
provide a linkage between commercial development to the north and residential development to the
south All streets will have wide sidewalks, some of them setback from vehicle traffic. It will be
convenient, and safe, to walk within the subject site and to nearby commercial and residential
activity centers. The provisions of the text amendments to the refinement plan provide additional
scrutiny to future design elements and amenities that must entail size limitations .appropriate to the
needs of pedestrians and cyclists. As such this policy is supported by the proposed amendments.
Extend the minimum level and full range of key urban facilities and services in an orderly
and efficient manner consistent with the growth management policies in Chapter II-B,
relevant policies in this chapter, and other Metro Plan policies. (Policy G.l)
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G. Public Facilities and Services Element
The parcels affected by this application are currently within the Urban Growth Boundary and are
annexed into the City of Eugene. The annexation was made in compliance with an acknowledged
comprehensive plan and implementing ordinances, and established the availability of urban
facilities and services. A detailed analysis of the availability of those services is contained in the
applicant's response Statewide Planning Goal1! - "Public Facilities and Services." Those
responses are hereby incorporated by reference.
Therefore, with regard to the Public Facilities and Services Element of the Metro Plan, the City can
find that the proposed amendments will not make the Metro Plan internally inconsistent.
H. Parks and Recreation Element
The changes proposed by this application will have no impact on any recreation area, facility or
opportunity that has been inventoried and designated by the Metro Plan or any relevant facility plan
regarding the City's recreational needs. The recreational needs of the community are adequately
met by the existing and planned facilities enumerated in the City of Eugene Parks, Recreation and
Open Space Comprehensive Plan, 2006 and other associated documents. A detailed analysis of the
subject site in relation to the various parks and recreation system studies, inventories, refinement
plans, and facilities plans is contained in the applicant's response Statewide Planning Goal 8 -
"Recreation." Those responses are hereby incorporated by reference. With regard to the Parks and
Recreation Element of the Metro Plan, the City can find that the proposed amendments will not
make the Metro Plan internally inconsistent.
I. Historic Preservation Element
The changes proposed by this application will have no impact on any historic resource that has been
inventoried and designated by the Metro Plan or any relevant facility plan or inventory regarding
the City's historic resources. With regard to the Historic Preservation Element of the Metro Plan,
the City can find that the proposed PAPA will not make the Metro Plan internally inconsistent.
J. Ener~s Element
Maximize the conservation and efficient utilization of all types of energy. (Goal!)
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Page 22
Land allocation and development patterns shall permit the highest possible current and
future utilization of solar energy for space heating and cooling, in balance with the
requirements of other planning policies; and (policy J.3)
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The proposed PAPA and subsequent development of the site will encourage conservation and
efficient utilization of energy by a concentration of employment, services and residences on the site,
and enabling transit services to the site.
The applicant shall design future development according the standards of the Eugene Development
Code includes all standards relevant to solar orientation.
Encourage medium- and high-density residential uses when balanced with other planning
policies in order to maximize the efficient utilization of all forms of energy. The greatest
energy savings can be made in the areas of space heating and cooling and transportation.
For example, the highest relative densities of residential development shall be concentrated
to the greatest extent possible in areas that are or can be well served by mass transit,
paratransit, and foot and bicycle paths. (Policy J. 7) .
Approval of this request will encourage. and promote horizontally integrated mixed-use on the
development site in direct support of the Metro Plan goals, objectives and policies described above.
In addition, the development site is located ~ mile from the Lane Transit District (L TD) River Road
Station and an L TD stop will be enhanced with future development. Internal circu,lation is geared
towards pedestrians and integrated with off-site sidewalks, bike lanes and other transportation
facilities to provide easy access between the higher density residential development on the site and
the nearby transit facilities~ These fmdings. demonstrate that this request is consistent with both the
Metro Plan Diagram and Text.
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Commercial, residential, and recreational land uses shall be integrated to the greatest
extent possible, balanced with all planning policies to reduce travel distances, optimize
reuse of waste heat, and optimize potential on-site energy generation. (policy J.8)
The requested approval of the PAPA proposed herein, if approved, will enable the subsequent zone
changes and development of a residential and commercial mixed-use development that shall
provide employment, services and residential opportunities. Workers and residents will have the
option to obtain dining, shopping, and other commercial amenities less than a mile from the subject
site consistent with Policy J.8's mandate to balance all planning policies to reduce travel distance.
Existing residential neighborhoods are adjacent to the subject site. Furthermore, the presence of
schools in close proximity and nearby recreational land uses which enables reduced travel distances,
this PAPA is consistent with this policy.,
K. Citizen Involvement Element
Continue to develop, maintain, and refine programs and procedures that maximize the
opportunity for meaningful, ongoing citizen involvement in the community's planning and
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Page 23
planning implementation processes consistent with mandatory statewide planning
standards. (Goal)
As noted in applicant's findings regarding Statewide Planning Goall, Citizen Involvement, the
City's acknowledged program for citizen involvement provides citizens the opportunity to review
and make recommendations in written and oral testimony on the proposed amendment, consistent
with Goall. The action proposed is consistent with and does not amend the citizen involvement
element of the Metro Plan.
Aspects of the Metro Plan that have not been discussed within this application will be dealt with
during future development proposals.
Additionally, below are the findings addressing consistency with relevant policies in the Eugene
Commercial Lands Study (ECLS), which was adopted as a refinement of the Metro Plan.
Promote redevelopment of existing commercial areas and compact, dense growth by
encouraging businesses to revitalize and reuse existing commercial sites. (Policy 6.0)
Recognize the differing needs of residential areas in the various parts of the community, and
determine the need to create additional commercial sites in light of opportunities for
redevelopment. (Policy 8.0)
The subject property is also in the River Road/Santa Clara Subarea of the ECLS. The only policy in
this subarea is as follows:
Recognize that the commercial sites designated in the River Road/Santa Clara Urban
Facilities Plan provide adequate commercial supply for the area. Consider additional
commercial land in the vicinity of the Chambers Connector if needed to address community
commercial needs. (Policy 22.0)
As discussed under Metro Plan Policy B.6 on pages 18 through 20 above, incorporated herein by
reference, the proposal is found consistent with Policies 6, 8 and 22 oftp.e ECLS.
Based on the findings above, the proposal is consistent with the Metro Plan Amendment criteria.
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Refinement Plan Amendments (RA 07-1)
The proposed amendment would amend the RRSC land use diagram to change approximately 7.3
acres of the site north of Green Lane from a designation of Government and Education to a
designation of Commercial; to change 1.3 acres of the site south of Green Lane from a designation
of Commercial to a designation of Medium Density Residential; and to amend the refinement plan
text to include site specific development requirements.
EC 9.8424 requires that the following criteria (in bold and italic) be applied to a Refinement Plan
amendment.
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Page 24
(l)(a) The refinement plan amendment is consistent with the Statewide planning goals.
The findings under EC 9.7730(3)(a), above, are incorporated herein by reference.
(l)(b) The refinement plan amendment is consistent with the applicable provisions of the Metro
Plan.
Applicable provisions of the Metro Plan are evaluated under EC 9.7730(3)(b), above with respect to
the proposed refinement plan amendments and Metro Plan amendment. The proposed refinement
plan land use diagram amendment from Government and Education to Commercial, and from
Commercial to Medium Density Residential, is consistent with the proposed Metro Plan land use
diagram amendments from Low Density Residential to Commercial, and from Commercial to
Medium Density Residential.
(l)(c) The refinement plan amendment is consistent with the remaining portions of the
refinement plan.
The RRSC land use diagram amendment to re-designate approximately 7.3 acres of the site north of
Green Lane from a designation of Government and Education to a designation of CQmmercial, to
re-designate 1.3 acres of the site south of Green Lane from a designation of Commercial to Medium
Density Residential and text amendments to limit the use of the site for commercial and residential
uses in a (horizontal) "mixed use center" are determined to be consistent with remaining portions of
the refinement plan. Those policies found to be applicable to this request or addressed below.
General Land Use Policies
Minimize land use conflicts by promoting compatibility between land uses, especially among
residential, commercial-industrial, and commercial-agricultural uses. (Policy 1.0)
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The amendment facilitates a commercial development that provides benefits for the city and
regional population and provides varied employment. Economically, the development pays property
taxes and is ajobs provider. The residential component of the proposed amendments will extend the
existing Medium Density Residential designation to the west in a logical manner that and will
enhance the supply of land available for higher density development within the Santa Clara subarea.
The future development of the site will incorporate landscaping and other features to enhance its
compatibility with the residential uses to the east. In addition, the proposed text amendments
provide significant protections that enhance compatibility of future development with the existing
and future residential development including height limitations, area limitations on building size
and the provision for the use of the Planned Unit Development procedures. Because of the reasons
stated, it is consistent with this policy.
Adopt zoning that is consistent with the land use diagram and policies contained in the land
use element of the Urban Facilities Plan. (Policy 2.0)
The proposed amendments contained within this application include map and text changes. Upon
approval of the proposed changes, and as detailed in the responses ~ontained herein, the proposed
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Page 25
amendments support this,policy.
Provide for land uses that conform to Metropolitan Plan goals and policies and that
consider the provision of a full range of urban services in an efficient and cost-effective
manner. (Policy 3.0)
As detailed in the response to Statewide Goal 11 (above) urban services are available to the subject
property and the property is within the Eugene portion of the metropolitan UGB and within the
incorporated City limits. As such, the subject property is providing for compact urban growth and
has the essential services available for development. As defined in the glossary of the Metro Plan
compact urban growth is defined as:
The filling in of vacq,nt and underutilized lands in the UGB, as well as redevelopment
inside the UGB.
The amendments will allow compact urban growth to occur on lands that are currently within the
UGB and underutilized for an urban area. The redevelopment of the site will provide needed
commercial employment opportunities and also provide medium density residential development.
As such the proposed amendments support this policy. Please see discussion of Metro Plan policies
under.EC 9 . 8424(b ) for more information.
Residential Land Use Policies
Recognize and maintain the predominately low-density residential character of the area
consistent with the Metropolitan Plan. (Policy 1.0)
As discussed under the Goal 1 0, the proposed PAPA seeks to remove 7.3 acres of land from the
Low Density" Residential land base and to add approximately 1.3 acres of land to the Medium
Density Resignation land base (see details under Goal 10 for more information). The change is in
compliance with Goal 10 and the amount of change in the supply of low density residential land
amounts to 0.2%, a relatively minor amount of land. The location of the land, near a major arterial
and a major collector and near commercial opportunities, does not make it an efficient location to
develop at low density levels. The applicant proposes to offset the loss of the low density residential
land with additional medium density residential land that is more appropriate, adjacent to
commercial development and supports the goals and policies of the Metro Plan and the River
Road/Santa Clara Urban Facilities Plan. According to the RLS, there is an abundance of low density
residential land and this proposed PAPA will not significantly affect the predominance of the low
density character of this area. It will, however, provide much needed medium density residential
development on land better suited for that purpose.
Provide a diversity of housing types in the area. Available techniques include encouraging
reinvestment and rehabilitation of existing housing stock and the use of development
standards that provide for clustering or planned unit development. (Policy 2.0)
Provide for innovative residential development through subdivision and other code
provisions, such as planned unit developments and cluster subdivisions for new residential
development on large parcels. (Suggested Action 2.1)
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The proposed amendments of this application include text amendments that provide for the
development of a mixed-use center to be developed under the provisions of the Planned Unit
Development procedures. Futureredevelopment of the Santa Clara Elementary School Site will
provide significant reinvestment in the area that, combined with residential development, will
support further reinvestment of the community. As such this policy is supported by the proposed
amendments.
Evaluate traffic and compatibility impacts when considet:ing new residential development on
parcels fronting arterial s.treets. (policy 3.0)
Details of the proposed amendments traffic impacts are discussed under Goal 12. The proposed
amendments will remove land that is zoned residential from a location fronting an arterial. In place
of residential development fronting an arterial the applicant proposes to locate residential
development along a neighborhood street that is more suitable for such development.
Provide adequate buffering and traffic control for existing non-residential development
fronting River Road (to minimize conflicts with surrounding development). (Policy 4.0)
The applicant is not proposing residential development that fronts River Road. The proposed
amendments will create an area of Commercial designation that has frontage on River Road,
Hunsaker Lane and Green Lane and extends the current commercial designated land eastward on
the subj ect parcel. The applicant intends to use shopping streets within the future development and
place the majority of business circulation and store fronts internal to the site. Upon development
sufficient design and landscape standards will ensure that existing residential development is
buffered from new development. Primary access to the commercial portion of the subject site will
be from Hunsaker Lane, with secondary access provided via River Road and Green Lane. The
proposed Medium Density Residential portion of the subject site will receive primary access on
Green Lane.
Permit medium-density housing (10 to 20 dwelling units/acre) in proximity to existing or
planned urbanfacUities. Access to commercial development, transit, and alternative modes
of transportation, schools and parks, and open space should be considered. Medium-density
residential development will be considered for the north Santa Clara area consistent with
the above criteria. (Policy 5.0) .
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The subject site is located within the north Santa Clara area. The proposed amendments designate
land for Medium Density Residential designation in a location that is in close proximity to existing
urban facilities, with proximal access to existing and proposed commercial facilities, alternative
modes of transportation (LTD's "hub" is located approximately one-half mile south of the subject
site, and the BRT/eMX is proposed to have a line running to that "hub"); elementary, middle and
high schools are located within walking distance of the subject property and parks and open space
opportunities are located nearby. As such, the subject site is appropriately located to apply the
Medium Density Residential designation.
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Commercial and Industrial Land Use Policies
Maintain and enhance the compatibility of adjacent land uses through the use of
appropriate buffering mechanisms, such as landscaping standards. (Policy 1.0)
Require site plan reviews for all new commercial and industrial developments. (Policy 2.0)
As a condition of development approval for the subject site, site review procedures will be applied.
Site review is used "as a means to maintain or improve the character, integrity, and harmonious
development of an area, address potential environmental impacts, and to provide a safe, stable,
efficient, and attractive on-site environment" (EC 9.8425 Purpose of Site Review), In addition, to
assure compatibility between the residential development to the south, and the commercial develop
to the north, of Green Lane Planned Unit Development procedures will also be employed. Because
any development subsequent to adoption of the plan amendment must comply with site review and
planned unit development criteria, the amendment is consistent with Commercial and Industrial
Land Use Policies 1.0 and 2.0.
Prohibit the linear expansion of existing strip commercial areas fronting on River Road.
Existing strip commercial development may expand by infilling, redevelopment, or
expansion onto contiguous property that does notfront on River Road. (Policy 3.0)
Minimize impacts of new commercial development intended to consolidate and improve
existing strip commercial areas along River Road by requiring development standards.
(Policy 5.0)
New neighborhood commercial uses shall be located away from River Road in locations that
facilitate the provision of commercial facilities scaled to a residential area and that allow
for dispersal of commercial uses throughout River Road-Santa Clara. (Policy 6.0)
As previously discussed under Metro Plan Policy B.6 on pages 18 through 20 above, incorporated
herein by reference, the proposal is found consistent with these policies to the extent that they are
applicable. .
i. River RoadlDivision subarea
Recommendations
3. The transition from professional office use to medium-density residential use should occur
in the vicinity of a line projected south from the east boundary of the Santa Clara
Elementary School property.
4. Rezone parcels north of Santa Clara Square and south of Green Lane for professional
office use.
This refinement plan amendment proposes to add a Recommendations 5.0, 6;0, 7.0 and 8.0 that are
specific to the subject site (see discussion below). The amended text provides direction specific to
the subject site to provide Commercial development north of Green Lane and to allow Medium
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Page 28
Density Residential to abut the "transition" line mentioned in Recommendation 3.0 and proceed
west. The amended text allows expansion of the existing Medium Density Residential area in order
to allow a mix of development that will support commercial development as proposed by the
applicant. Recommendations No.3 and No.4 as described above are not substantially changed by
this application and do not'apply to the parcels involved as amended with the proposed
recommendations No.5, ,No.6, No.7 and No.8.
The applicant's refinement plan text amendments are proposed for insertion on page 2-32, River
Road-Santa Clara Urban Facilities Plan, Chapter 2, River RoadJDivision Subarea, text to be
included as Recommendations No.5, No.6, No.7 and No.8. The text amendments are as follows:
5. Notwithstanding Recommendation No.4, development sites along Green Lane and
adjacent to the former Santa Clara Elementary School site may be designated and
zoned Medium Density Residential. If the parcels are zoned MDR, they must be
developed as a Planned Unit Development in connection with the former Santa Clara
Elementary School site and with an emphasis on mixed-use development principles.
6. Upon the sale from public ownership to private ownership, the City shall recognize
the area of the former Santa Clara Elementary School at the ~outheast corner of the
intersection of River Road and Hunsaker Lane, between Hunsaker Lane and Green
Lane (Tax Lots 9100, 9200, 9300 of Assessor's Map 17-04-11-41 and Tax Lots 200,300,
400 of Assessor's Map 17-04-11-44) as appropriate for Commercial development and
designated Commercial. If zoned commercial, it shall be developed as Planned Unit
Development in connection with the property described in Recommendation No.5 with
an emphasis on mixed-use development principles. In addition:
a. No individual building footprint within the commercial development may
exceed 18,000 square feet; and
b. No building mass within 50-feet of Low Density Residential land may exceed
35 feet in height; and
c. Permitted or conditional Commercial services shall not include theaters;
lodging; C2 and C3 permitted manufacturing; medical, health and correctional
services; motor vehicle related uses; and
d. The historic character of the former Santa Clara Elementary School shall be
commemorated on site by using architectural features and historic elements
typical of the former Santa Clara Elementary School (e.g., brick facades,
castings, etc.).
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7. Pursuant to Recommendations 5 and 6, a pedestrian friendly connection subject to
review and approval by the City Engineer shall be provided at a "midblock" crossing
of Green Lane and shall include five or more of the following design elements:
a. Curb ramps
b. Curb extensions (equal to the width of on-street parking, but not interfering
with bicycle lane)
c. Raised crosswalks
d. Special paving treatment (e.g., brick, alternative colors, cobblestone,
patterned cement, etc.)
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Page 29
e. Adequate lighting to fully illuminate the crossing at all hours
f. To minimize conflict with vehicles entering! or exiting the former Santa Clara
Elementary School site locate the crosswalk to the east of the future Green Lane
access to the former Santa Clara Elementary School site.
8. Pursuant to Recommendations 5 and 6, pedestrian amenities shall be included
within the commercial component of the mixed-use development. Amenities shall
include two or more of the design elements from Recommendation No.7.
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To provide further clarification of the text amendments, as a condition of approval, the proposed
text amendments should be revised as follows.
· Regarding proposed RecommendationNo. 5:
. To clarify that abutting properties not included in this application are not subject to this
amendment, revise the first sentence to state: "Notwithstanding Recommendation No.4,
development sites abutting the south side of Green Lane and generally west of the eastern
boundary of the former Santa Clara Elementary School Site..."
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· Regarding proposed Recommendation No.6:
To clarify which zoning is approved, revise the second sentence to state: "If zoned commercial, .
it shall be zoned C-2 and it shall be developed. . ."
Regarding 6.b, the subject site abuts R-l zoning to the northeast and R-2 zoning to the
southeast. EC 9.2171(2) already requires C-2 development to be limited to 30 feet in height
within 50 feet ofR-l zoning, and to be limited to 35 feet in height within 50 feet ofR-2 zoning.
Proposed 6.b only proposes a height restriction where abutting R-l zoning, and furthermore the
proposed height limitation of 35 feet is actually 5 feet taller than the code already restricts.
Therefore, this height limitation should be stricken.
· Regarding proposed Recommendation No.7:
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The connection shown on the applicant's Site Concept plan (see applicant's Exhibit 1.2) depicts
a Green Lane crossing between the northern 7.3 acre portion of the she and the southern 1.3 acre
portion of the site. This is not "midblock" as referred to in proposed Recommendation 7.
Therefore, the first sentence should be revised to state: "a pedestrian friendly connection. . . shall
be provided at to cross Green Lane between the former Santa Clara School Site and a property
south of Green Lane aild shall include. . . "
Summary
In summary, the proposal is found consistent with the remaining provisions of the RRSC.
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(2) The refinement plan amendment addresses one or more of the following:
(a) An error in the publication of the refinement plan. .
(b) New inventory material which relates to a statewide planning goal.
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Page 30
(c) New or amended community policies.
(d) New or amended provisions in a federal law or regulation, state statute, state
regulation, statewide planning goal, or state agency land use plan.
(e) A change of circumstances in a substantial manner that was not anticipated at the
time the refinement plan was adopted.
The proposed amendments are not based on an error in the publication of the RRSC, new inventory
material relating to a statewide planning goal or new or amended state or federal laws, regulations,
or policies; therefore EC 9.8424(2)(a), (b) and (?), above, are.not applicable to this request.
Regarding subsection (c), the proposed amendments have been found to comply with the applicable
Metro Plan and refinement plan approval criteria, therefore the proposed Metro Plan amendments
constitute a new community policy in the context of this criterion.
Regarding subsection (e), two significant changes of circumstance have occurred and the proposed
refinement plan amendment addresses both changes of circwnstances.
First Change of Circumstances
The first change of circumstances is ftle decision by the 4J School District to sell the Santa Clara
Elementary School property. The City and its citizens had no anticipation at time of Refinement
Plan adoption that the school district would sell its property to a private developer.
A portion of the subject site is the former location of the Santa Clara Elementary School, and is
currently zoned Public Land, designated on the refinement plan as Government and Education, and
designated on the Metro Plan as Low Density Residential. Oregon West Management, Inc., a
private development group, recently purchased the Santa Clara Elementary School site. Per
EC 9.2681 (2) which states, U When public land is sold for private the development, the property
shall be rezoned according to the procedures for zone changes beginning with and following
section 9.8850 Purvose, of Zone Changes" the applicant is seeking a zone change of the subject site.
The refinement plan designation logically shall also be amended to reflect the current private
ownership. .
The applicant has a concurrent application under review for a plan amendment to the school
property to change the designation from Low Density Residential to Commercial. Upon approval of
the Metro Plan change the refinement plan designation will be nonconforming. As such the
applicant proposes to change the refinement plan designation for the school site from Government
and Education to Commercial to reflect the proposed Metro. Plan designation.
Second Change of Circumstances
The second significant change of circumstances concerns City COl.U1eil adoption in 2004 of
Ordinance No. 20319, which amended the Metro Plan Residential Land Use and Housing Element.
The background materials for the update are contained in two documents of the Eugene-Springfield
Metropolitan Area Residential Lands Study, the 1999 Supply and Technical Analysis and the 1999
Site Inventory Document. The RLS was acknowledged by the state Land Conservation and
Development Commission as being consistent with Goal! O. The purpose of the RLS was to
compare residential land needs with available land supply.
Findings- November 19,2007
Page 3 1
The 2004 update to the Metro Plan includes four relevant policies regarding higher densities and
mixed uses:
Promote higher residential density inside the UGB that utilizes existing infrastructure,
improves the efficiency of public services and facilities, and conserves rural resources lands
outside the UGB. Policy A.I 0)
Generally locate higher density residential development near employment or commercial
services, in proximity to major transportation systems or within transportation - efficient
nodes. (Policy A.II)
lncrease overall residential density in the metropolitan area by creating more opportunities
for effectively designed in-fill, redevelopment, and mixed use while considering impacts of
increased residential density on historic, existing andfuture neighborhoods. (Policy A.13)
Expand opportunities for a mix of uses in newly developing areas and existing
neighborhoods through local zoning and development regulations. (Policy A.22)
The 1999 Residential Land Survey inventoried the developed and vacant land within the
Eugene/Springfield area. The subject site is located within the Santa Clara subare€l. As detailed in
the findings under Goal 10 (above) the Santa Clara subarea has the lowest percentage of higher
density developed property within the metropolitan region. Multi-family housing uses are allowed
within the Medium Density Residential designation. As such, the applicant proposes to increase the
supply of this needed housing type by changing the designation on the subject site; south of Green
Lane, to accommodate this housip.g type. The location of the change in designation is appropriate
due to its proximity to existing Medium Density Residential designated property to the east,
commercial development in the surrounding area, and alternative transportation modes (the existing
LTD River Road substation is less than one-half mile south of the subject property). As such, the
applicant's proposed refinement plan designation is consistent with the updates to the Metro Plan
Residential Land Use and Housing Element.
Therefore, the amendment is consistent with the criteria in EC 9.8424(2).
Zone Chan2e (Z 07-3)
The applicant proposes to rezone 7.3 acres of the site north of Green Lane from the existing zoning
of PL and C-l, Public Land zone and Neighborhood Commercial zone, to C-2/PD/SR, Community
Commercial zone with Planned Unit Development and Site Review overlays; and to rezone 1.3
acres of the site south of Green Lane from R-l, Low Density Residential zone to R-2/PD/SR,
Mediwn Density Residential with Planned Unit Development and Site Review overlays
EC 9.8865 requires that the following criteria (in bold and italic) be applied to a Zone Change.
(1) The proposed change is consistent with applicable provisions of the Metro Plan. The
written text of the Metro Plan shall take precedence over the Metro Plan diagram where
apparent conflicts or inconsistencies exist.
Findings- November 19, 2007
Page 32
Approval of the zone change is dependent upon approval of the Metro Plan diagram amendment to
re-designate 7.3 acres of Low Density Residential to Commercial and to re-designated 1.3 acres of
Commercial to Medium Density Residential. The findings under EC 9.7730(3)(b), above, are
incorporated herein by reference. Those findings address the applicant's consistency with the Metro
Plan.
(2) The proposed zone change is consistent with applicable adopted refinement plans. In the
event of inconsistencies between these plans and the Metro Plan. the Metro Plan controls.
Approval of the zone change is dependent upon approval of the refinement plan diagram
amendment to re-designate 7.3 acres of Government and Education to Commercial and to re-
designated 1.3 acres of Commercial to Medium Density Residential. The findings under EC
9.8424(1)(c), are incorporated herein by reference. Those findings address the application's
consistency with the River Road-Santa Clara Urban Facilities Plan.
(3) The uses and density that will be allowed by the proposed zoning in the location of the
proposed change can be served through the orderly extension of key urban facilities and
services.
The discussion of compliance with Statewide Planning Goal 11 - "Public Facilities and Services,"
and Goal 12 - "Transportation" in the findings regarding the Statewide Planning Goals (see below)
are incorpo.rated herein by reference. With the findings established and referenced herein, the
proposal complies with this criterion.
(4) The proposed zone change is consistent with the applicable siting requirements set outfor
the specific zone in:
(a) EC 9.2150 Commercial Zone Siting Requirements.
(j) EC 9.2735 Residential Zone Siting Requirements.
There are no applicable siting requirements for C-2, Community Commercial or R-2, Medium
Density Residential zones; therefore, this criterion does not apply.
(5) In cases where the NR zone is applied based on. EC 9.2510(3), the property owner shall
enter into a contractual arrangement with the city to ensure the area is maintained as a
natural resource area for a minimum of 50 years.
The NR zone is not requested. Therefore, the above criterion is not applicable.
Conclusion: Based on the available information and materials in the record, and the above findings,
the proposal is found consistent with the applicable approval criteria subject to the following
conditions of approval:
1. The applicant shall record in the Office of the Lane County Clerk restrictive covenants on
the real property that is the subject of the proposed amendments, in a form acceptable to the
Findings- November 19,2007
Page 33
City Attorney, stipulating that any future development approval for the site shall require, by
the time of development, full and complete construction of an additional westbound
approach lane on Hunsaker Lane and an additional westbound approach lane on Green Lane.
The restrictive covenants shall be binding on any successive owner(s) of the property, are
enforceable by the City of Eugene any may be amended only with the express written
consent of the City of Eugene.
I
!
2. The proposed text .amendments shall be revised as follows:
. Regarding proposed Recommendation No.5:
To clarify that abutting properties not included in this application ~e not subject to this
amendment, revise the first sentence to state: "Notwithstanding Recommendation No.4,
development sites abutting south of Green Lane and generally west of the eastern boundary
of the former Santa Clara Elementary School Site..."
. Regarding proposed Recommendation No.6:
To clarify which zoning is approved, revise the second sentence to state: "If zoned -
commercial, it shall be zoned C-2 and it shall be developed. . ."
Regarding 6.b, the subject site abuts R-l zoning to the northeast and R-2 zoning to the
southeast. EC 9.2171(2) already requires C-2 development to be limited to 30 feet in height
within 50 feet ofR-l zoning, and to be limited to 35 feet in height within 50 feet ofR-2
zoning. Proposed 6.b only proposes a height restriction where abutting R-l zoning, and
furthermore the proposed height limitation of35 feet is actually 5 feet taller than the code
already restricts. Therefore, this height limitation should be stricken.
. Regarding proposed Recommendation No.7:
The connection shown on the applicant's Site Concept plan (see applicant's Exhibit 1.2)
depicts a Green Lane crossing between the northern 7.3 acre portion of the site and the
southern 1.3 acre portion of the site. This is not "midblock" as referred to in proposed
Recommendation 7. Therefore, the first sentence should be revised to state: "a pedestrian
friendly connection.. . shall be provided at to cross Green Lane between the former Santa
Clara School Site and a property south of Green Lane and shall include..."
Findings- November 19,2007
Page 34
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
This Declaration of Covenants, Conditions and Restrictions (this "Declaration") is
made and entered into as of this 12. t~ day of '\rlh,.IJf- ,2008, by Santa Clara
Properties, LLC, an Oregon limited liability company (the "Declarant").
RECITALS:
A. Declarant is the owner of that certain parcel of property in Lane County and more
fully described on the attached Exhibit A, incorporated herein by reference (the
"Property'}
B. Declarant submitted to the City of Eugene an application to amend the Metro Plan
Land Use Diagram, the River Road-Santa Clara Urban Facilities Plan Land Use
Diagram and Text, and the Eugene Zoning Maps (collectively, the "Plans").
C. As described in Ordinance No. 20407 (the "Ordinance"), upon conclusion of
deliberations on November 19,2007, the Eugene Planning Commission
recommended conditional approval of the application and forwarded its
recommendation to the City Council of the City of Eugene (the "Council") to
amend the Plans as requested by Declarant.
D. As described ih the Ordinance, the Council approved the amendments to the Plans
subject to the condition that Declarant record the covenant described herein.
NOW THEREFORE, Declarant hereby declares that all of the Property is and shall be
held, sold, or conveyed subject to the covenant in this Declaration, which shall run with
the land, and shall be binding on all persons having any right, title or interest in the
Property or any part thereof, and on such person's heirs, successors and assigns, and shall
inure to the benefit of all such persons and to the City of Eugene.
COVENANT:
Declarant covenants as follows:
Any future development approval for the Property or any part thereof shall
require, prior to development, full and complete construction of an additional
westbound approach lane on Hunsaker Lane and an additional westbound
approach lane on Green Lane.
The foregoing Covenant is for the benefit of and enforceable by suit for injunctive
relief or for damage or through the withholding of approvals of Land Use and
After recording return to:
James W. Spickerman
Gleaves Swearingen Potter & Scott LLP
975 Oak Street) Suite 800
Eugene) Oregon 97401
Division of Chief Deputy Clerk ~~~8.nA~11~
Lane County D..ds and Records LUU U~L ~
111111111111111111111111111111111111111 1111111111 $46 · 00
01013569200800421750050054
07/21/2008 11:33:23 ~M
RPR-REST Cnl=l Sln=15 CASHIER 06
~2~.OO ~10.00 *11.00
Development Applications or Permits at the discretion of and by the City of Eugene and
its legal representatives, successors or assigns; and a failure by the City of Eugene to
enforce such condition shall in no event be deemed a waiver of the City of Eugene's right
to do so thereafter. The foregoing Covenant may be amended only with the express
written consent of the City of Eugene.
IN WITNESS WHEREOF, the undersigned has executed this Declaration of
Covenants, Conditions and Restrictions effective as of the date first written above.
DECLARANT:
SANTA CLARA PROPERTIES, LLC, an
Oregon limited liability company
By: j~
Steve Graves, Manager
STATE OF OREGON
)
)
)
ss.
County of Lane
On this L!. day of J v v\<... ,2008, personally appeared the above named
Steve Graves as Manager of Santa Clara Properties, LLC, an Oregon limited liability
company, and acknowledged the foregoing instrument to be his voluntary act and deed.
. OFFICIAL SEAL
. . I SUSAN HUTCHINsmt
':-l .~ NOTARY PUBLIC. OREGON
....' COMMISSION NO. 395549
tt( COMMISSION EXPIRES AUGUST 1,2009
^
~ \"i~
Notary Public for Oregon
My Commission Expires: 8 / 1/ ;J..c:rJ:1
I · .
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~
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 2
EXHIBIT A
TAX MAP 17-04-11-41, TAX LOT 9100:
(Being comprised of the following three parcels)
PARCEL J.:
Commencing at the intersection of the center of the County Road known as the River
Road, with the North line of the Joseph Davis and Wife Donation Land Claim No. 48,
Notification 208~ in Township 17 South, Range 4 West of the Willamette Meridian, said
point of intersec~ion being understood to be 4.50 chains. East of the Southwest corner
of the L. Poindexter Donation Land Claim No. 52 in said Township and running thence
South 16' 45' East along the center of said road 20 feet to the place of beginning:
From the point of beginning aforesaid run East pa~allel with the North line of said
claim 14 rods 1 thence South 60 feet West about 14 rods to the center of the County
Road, and thence North lb' 451 Wast along the center of the County Road to the place
of beginning, in Lane county, State of Oregon.
EXCEPT that"portioo conveyed to Lane County be deed recorded August 23, 1985,
Reception No. B529972, Lane County Official Records.
PARCEL 2:
Beginning at a point in the center of the County Road South 16' 45' East 1.265 chains
from the intersection of the center line of the County Road with the North line of .the
Joseph Davis Donation Land Claim No. 48, Township 17 South, Range 4 West of the
willamette Meridian, said point of intersection being 4.50 chains East of the
Southeast corner of the Abram Peek Donation Land Claim No. 51, of the same township
and running thence East 3.14 chains; thence North 1.21 chains to the North line of the
Joseph Davis Donation Land Claim1 thence East on said line 7.98 chains 1 thence South
2' 451 East, 5.00 chains; thence West 10.23 chains, to the middle of the County road;
thence North 16- 451 West 3.9B chains to the place of beginning, in Lane County,
oregon.
EXCEPT: Beginning at a point in the center of the County road South 16" 45'
East 1.265 chains from the intersection of the center line of the county road
with the North line of Joseph Davis Donation Land Claim No. 49, Township 17
South, of Range 4 West of said point of intersection be~ng 4.50 chains East of
the Southeast corner of the Abram Peek Donation Land Claim No. 51 in said
Township and ~an9a, running thence East 3.14 chains; thence North 1.21 chains to
the North line of said Joseph Davis Donation Land Claim; thence East 3.98 chains
for the beginning point of this description; running thence mast along said
North line of said Donation Land Claim 4 chains; thence South 2' 451 East 5
chains; thence West 4 chains; thence North 2' 451 West 5 chains to the place of
beginning, in Lane County, oregon.
ALSO EXCEPT that portion conveyed to Lane County by deed recorded August 23,
1995, Reception No. 8529972, Lane County Official Records.
I?ARCEL 3:
Beginning at a point in the center of the county road, South 16" 45' East 1.265 chains
from the intersection of the center line of the County Road with the North line ot the
woseph Davis Donation Land Claim No, 48, Township 17 South, Range 4 West of Willamette
Meridian, said point of intersection being 4.50 chains east of the Southeast corner of
the Abram Peek Donation Land Claim No. 51 in said Township and Range; run thence East
3.14 chains, thence North 1.21 chains to the North line of the Joseph Davis Donation
Land Claim, thence East 3.9B chains for the beginning point of this description;
running thence East along the said North ~ine of said Donation Land Claim No. 50 feet;
thence South 2" 45' East 330 feet, thence West 50 feet, thence North 2' 45' West 330
feet to the place of beginning, in Lane County, Oregon.
EXHIBIT A
Page 1 of3
TAX MAP 17-04-11-41, TAX LOT 9200:
PARCEL 4:
Beginning at a point on the North line of the Joseph ogle Donation Land Claim No. 48,
Township 17 South, Range 4 West of the Willamette Meridian, Lane County, Oreg~n; where
the center line of County Road (known as River Road) intersects the North line of said
Donation Land Claim, said intersection being 268.0 feet East of the Southeast corner
of the Abram Peek Donation Land Claim No. 51; running thence East along the North line
of said Donation Land Claim No. 4B, a distance of 656.55 feet to the true ~oint of
beginning; thence West along the North line of said claim 112.57 feet; thence South 2"
45' East 330 feet1 thence East 112,57 feet, thence North 2' 45' West 330 feet to the
place of beginning, in Lane County, Oregon.
TAX MAP 17-04-11-41, TAX LOT 9300:
PARCEL 5:
Beginning at a point on the North line of the Joseph Davis Donation Land Claim Lane
County, Oregon, No. 48/ Township 17 south, Range 4 West, Willamette Meridian, Lane
County, Oregon; said point being 656.55 feet East of where the centerline of River
Road intersects the North line of said Davia Donation Land Claim; running thence East
along the North line of said Davis Donation Land Claim 99.0 feet; thence South 02' 45'
East 330.0 feetl thence West 98.0 feet; thence North 02' 451 West 330.0 feet to the
place of beginning.
TAX MAP 17-04-11-44, TAX LOT 400:
PARCEL 6:
Beginning at a point 2.995 chains East of the oenter line of the County Road from a
point 5.195 chains South 170 02' East of the point where the said center line
intersects the South line of the L, Poindexter Donation Land Claim No. 52, in Township
17 South, Range 4 West of the Willamette Meridian, said intersection being understood
to be 4.50 chains East of the Southwest corner of the L. Poindexter Donation Land
Claim; and running thence East 2. :1.95 c:hains thence South 3. 65 chains 1 thence West
2.195 chains thenc:e North 3.65 chains to the place of beginning I all in Lane County/
Oregon.
.EXCEPTING THEREFROM that portion on the South which lies within the bounds of
the roadway as conveyed to Lane County by instrument recorded in Book 446/ Page
22B, Lane County Oregon Deed Records, in Lane County, oregon,
TAX MAP 17-04-11..44, TAX LOT 300:
PARCEL 7:
Beginning 3.95 chains East of a point in the center of the County Road known as the
River Road, South 16' 45' East 9.49 chains distant from the point where the center
line of said road crosses the South line of the L. Poinde~ter and wife Donation Land
Claim No. 52, Notification No. 2144, in Township 17 South, Range 4 West of the
'Willamette Meridian, and running thence North 270.9 feet; thence East 222.0 feet;
thence South 2. 071 Bast 271.1 feet; thence West 232.0 feet; to the place of
beginning, in Lane County, Oregon.
EXCEPTING THEREF~OM that portion in Green Lane conveyed to Lane County, Oregon,
by Oeed recorded September 26, ~951, Book 446, page 228, Lane county Oregon Deed
Records, in Lane County, Oregon.
EXHIBIT A
Page 2 of3
TAX MAP 17-04-11-44, TAX LOT 200:
PARCEL 9:
All that portion of the following described property lying Westerly of the following
described line, said line being described as follows: Beginning at a point on the
North line of the Joseph Davis Donation Land Claim No. 48, in section 11, Township 17
South, Range 4 West of the Willamette Meridian, Lane County, Oregon, said point being
754.55 feet East of where the Centerline of River Road intersects the North line of
said Davis Donation Land Claim, thence South 02' 451 East 330.0 feet to the true point
of beginning of the line to be described, thence continue South 02' 45' East 271.1
feet more or less to the point on the south line of tract of land described by
instrument recorded October 3, 1975, Reel 762, Reception No. 75-42749, Lane County
Official Recorda, and the point of terminus of the line being described: Beginning
7.465 chains East of a point in the center of the County Road known as the River Road,
South 16' 45' East 9.4B chaine distant from the point where the center line of said
road crosses the South line of the L. poindexter and wife Donation Land Claim No. 52,
Notification No. 2~44, in ~ownship 17 South, Range 1 West, Wil~am8tte Meridian, and
runnin~ thence North 2', 071 West 271.1 feet; thence East 481 feet; thence south o'
411 East 270.92 feet; thence West 474.3 feet to the place of beginning, in Lane
County, Oregon.
EXCEPTING THEREFROM that portion in Green Lane conveyed to Lane County, oregon,
by Deed recorded September 26, 1951, Book 446, Page 228, Lane County Oregon Deed
Records, in Lane County, Oregon,
TAX MAP 17-04-11-44, TAX LOT 1900:
PARCEL 9=
Beginning at the aluminum cap marking the Southwest comer of the Lawrence Poindexter
Donation Land Claim No. 52, Township 17 South, Range 4 West of the Willamette Meridian;
thence, East 268.00 feet along the South line of said Claim to a point on the centerline of River
Road; thence, South 17002' East 908.82 feet along said centerline to a point; thence, East
280.61 feet to a iron pin set in survey recorded at the Lane County Surveyor's Office under No.
21388 and marking the True Point of Beginning; thence, East 226.47 feet to a point which is,
by record, South 170 02' East 626.07 feet, East 841.64 feet and South 30 09' 30" East from the
Southwest comer of said Claim; thence, North 30 09' 30n West 236 feet, more or less, to a
point on the South line of that tract conveyed to Lane County for road purposes in instrument
recorded in Volume 446 of deeds. page 228, records of Lane County, Oregon; thence, West
256 feet, more or less, along the South line of said roadway to a iron pin set in said Survey No.
21388 to mark the Northeast comer thereof; thence, South 10046' 52" East 245.04 feet to the
True Point of Beginning, in Lane County, Oregon.
EXHIBIT A
Page 3 of3