HomeMy WebLinkAboutCC Minutes - 04/23/03 WS MINUTES
Eugene City Council
Work Session
McNutt Room-City Hall
April 23, 2003
Noon
COUNCILORS PRESENT: Gary Pap~, Nancy Nathanson, Scott Meisner, David Kelly, Betty
Taylor, Bonny Bettman, George Poling, Jennifer Solomon.
Mayor James D. Torrey called the meeting to order.
A.WORK SESSION: Hospital Zoning
Planning and Development Executive Director Tom Coyle joined the council for the item.
Planning Director Jan Childs was also present. Mr. Coyle said that the item before the council
was the initiation of a code amendment regarding medical and hospital zones. Should the
council initiate the amendment, he requested that it provide direction to staff on the parameters
of the amendment.
Mr. Coyle recollected council discussion of a possible hospital overlay zone in 2001. He said that
it was staff's belief that modifications to the existing code, rather than an overlay zone, were all
that was required to accommodate VVillamette-McKenzie Hospital if it chose to come to Eugene,
or PeaceHealth if it chose to expand its Hilyard campus. Mr. Coyle distributed a matrix showing
the City's 14 zoning districts and how uses such as hospitals, laboratories, dental offices, and
clinics were treated in each zone; that is, whether they were permitted, permitted conditionally,
not allowed, or restricted. The matrix also indicated where the code could be amended to
accommodate those uses.
Mr. Coyle characterized hospitals as a fairly benign land use if viewed objectively; he likened
them to a commercial office use or high school. He believed that the City's development
standards were adequate to address the impacts of hospital development. The staff
recommendation could be accomplished using existing resources and within a reasonably short
period of time. He believed it would take considerable time to develop an overlay zone in
comparison, and it would take additional resources. Mr. Coyle invited questions.
Mayor Torrey solicited a first round of council comments.
Ms. Taylor confirmed with Mr. Coyle that the City could move quickly to accommodate a hospital
if needed. At this point, she believed the staff recommendation was satisfactory. She was
concerned about the public anxiety or unwarranted hopes that could arise if the City established
a particular zone in a place that a hospital did not intend to use.
Mr. Kelly agreed that a hospital use could be relatively benign in terms of other commercial uses,
but he was concerned about the scale of such a use. He thought that the potential scale alone
created a significant impact. For example, he questioned allowing hospitals as an outright
permitted use in C-1 Community Commercial zones. Mr. Kelly believed that some of the zones
MINUTES--Eugene City Council April 23, 2003 Page 1
identified by staff for hospital use contained parcels that could appropriately be put to that use,
but he thought the council needed to take into account the significance of such a development to
the community. He thought that an overlay zone could be fairly simple, given that an outline of
the zone design already existed, and then applied quickly anywhere to accommodate either
hospital.
Ms. Nathanson wanted to ensure that Eugene had a hospital in five years. She agreed with Ms.
Taylor that the proposal before the council was satisfactory. She shared Mr. Kelly's concern
about scale and asked the extent to which the City could combine use and scale; for example, a
use under a certain square footage threshold would be allowed outright in a particular zone. Ms.
Nathanson expressed concern about the amount of time an overlay zone would take to create,
jeopardizing other council planning priorities and the Planning Division's ability to respond to
community requests for assistance because the task would strain the division's resources. She
also feared that the rules of such a zone would be onerous because they would be applied
everywhere, rather than in a site-specific manner.
Ms. Nathanson asked if the City could be more accommodating without changing the code. She
asked if, for example, the conditional use permit process could be modified.
Speaking to Mr. Kelly's comments, Mr. Coyle said there were other constraints on locating a
hospital in a C-1 zone besides scale; for example, there was no parcel of adequate size in a C-1
zone. He said that he had not yet reviewed the individual zones to explain why it would not be a
problem. Mr. Coyle believed that the staff recommendation got the council where it wanted to go
in a short period of time. He disagreed about the amount of time it would take to develop an
overlay zone. He said that the overlay zone added another layer of complexity in terms of
regulations and then the zone must be sited. There were also issues of internal consistency. Mr.
Coyle did not envision a simple process.
Mr. Meisner agreed with Ms. Nathanson's goal of having a hospital in five years. He did not want
to make it more difficult for a hospital to site in Eugene. He asked Mr. Coyle what the council
needed to fear or anticipate, noting his agreement that there was no C-1 site of sufficient size to
accommodate a hospital, so he questioned amending the code to allow hospitals in that zone.
Mr. Meisner asked if lands in different zones would need to be combined to accommodate a new
hospital, and if the City could accommodate that. He asked what the zoning was on the potential
hospital sites the council had previously reviewed. Ms. Childs said the City had not spent much
time looking at specific sites because there were no hospital siting experts on staff. Mr. Meisner
asked if the City had single-zone sites adequate for a hospital. Ms. Childs did not think so. She
said the staff recommendation was intended to suggest the quickest, easiest way to enable a
hospital to site in Eugene. Staff had discussed that the City could, within permitted uses,
establish standards to address issues of scale. She believed that Ms. Nathanson's suggestion
that the City combine use and scale could be examined through the Planning Commission and
City Council public process.
Mr. Meisner thought the City' role was to enable rather than to prevent, and hoped the City was
acting collaboratively with McKenzie-Willamette Hospital on the siting issue. Mr. Coyle said that
some of the sites that might be used for a hospital included both residential and industrial zones.
Staff was proposing to allow the use to be considered in the residential zones, and as an outright
use in industrial zones.
MINUTES--Eugene City Council April 23, 2003 Page 2
Ms. Bettman said her first objective was to create a competitive environment for health care in
the metropolitan area. Her second objective was to facilitate the location of a hospital in Eugene
in a way that met multiple local objectives without costing the taxpayers money in the form of
infrastructure. She thought the council's motion regarding hospital zones made it clear that it
wanted to facilitate the location of a hospital in the central core. Ms. Bettman recollected that
when the motion had passed, she had asked if a hospital zone was something the City should
initiate immediately. She asserted that at that time, Mr. Coyle had assured the council that such
a zone change could be made easily and quickly. Now she was hearing the opposite. Staff was
suggesting that the City open every zone, save a few, to a hospital use.
Speaking to the issue of conditional uses, Ms. Bettman believed that the City granted most
conditional use permit applications and suggested that approach was "one more hoop to permit
it." She said that a new hospital would be at least 750,000 square feet. That size facility was not
appropriate in every residential zone in the city. She believed that adopting the staff
recommendation would remove the City's ability to influence the location of the hospital to a
place where it served the City's interests.
Mr. Pap~ concurred with Ms. Nathanson and Mr. Meisner that Eugene needed its own hospital.
He asked if McKenzie-Willamette Hospital requested an overlay zone. Mr. Coyle believed that
both hospitals preferred what the staff was recommending. He believed the hospital would have
made its siting decision by the time the City was able to complete an overlay zone. Mr. Pap~
asked if the City could do something in the shod term in the form of an overlay zone to help
resolve the future of the area around the new hospital. Mr. Coyle said that he understood the
concerns about the overlay discussion as it related to ancillary uses, but the size that the hospital
was discussing was one that would embrace those uses. The size of the parcel the hospital
purchased would likely make the hospital the land broker for those uses. Issues of compatibility
would be resolved through ownership rather than zoning. He said that staff would pay particular
attention to the residential zones in its examination, and he expected to be challenged on that by
the council.
Mr. Pap~ determined from Mr. Coyle that the City would be able to help guide the hospital's
development. Mr. Coyle said the City would work with both providers in any siting decision. He
pointed out that such large-scale uses were often more able to address issues of mitigation,
buffers, setback, joint use, and joint parking than smaller scale uses. He said that often, smaller
projects, such as infill projects, create the large problem. He noted, for example, that the council
would soon hear an appeal of the process for reviewing a four-lot subdivision.
Ms. Solomon suggested that if the council wanted a hospital, it should ensure it was a permitted
use. She believed an overlay zone was costly and burdensome, and that it bolstered arguments
made in the business climate survey about the City's burdensome and onerous processes. She
wanted to enable the hospital to move forward, and to enable staff to help that process. She
said she trusted staff, and suggested that the staff professionals be allowed to do their work.
Mr. Poling agreed with the remarks of Mr. Meisner, Ms. Nathanson, and Ms. Solomon. He
deemed the approach suggested by staff simple, workable, and one that did not favor any
particular hospital or hospital group.
Mayor Torrey was pleased to hear the council's comments about wanting the hospital to be able
to move into the community and identify the site it thought most appropriate without the council
micro-managing the process. There was fear in the community that would occur. He asked Mr.
MINUTES--Eugene City Council April 23, 2003 Page 3
Coyle what risks he saw to the quality of the community if the staff recommendation was
adopted. Mr. Coyle said that in terms of the residential districts, those needed to be examined on
a parcel-by-parcel basis to ensure that there was no situation where there would be an
overwhelming impact to any particular neighborhood. He noted that all the sites that had been
identified previously included all the City's residential, commercial, and industrial zones.
Mayor Torrey did not see McKenzie-Willamette Hospital's options as being broader than a decent
site in Eugene or Glenwood. He wanted the hospital to locate in Eugene, and hoped the City
could help make that happen.
Mayor Torrey solicited a second round of council comments.
Mr. Kelly said that it was his contention an overlay zone made everything more simple,
regardless of the base zoning. He said the overlay process was designed to save time. It
allowed the provider to identify a site and then the City could overlay the site with the zone. He
did not understand the claim that the overlay zone made the process more complex and lengthy.
Mr. Kelly asked Mr. Coyle if he thought it mattered where Eugene's only hospital was located,
suggesting that from a planning standpoint, there were better places and less good places. Mr.
Coyle agreed that there were areas that were better than others for a hospital. He said that to
locate a hospital in any of the commercial or industrial was not an impact. Mr. Kelly pointed out
that he had not asked about impact.
Speaking to Ms. Bettman's comments about conditional use permit, Ms. Nathanson said that
while the City might readily grant the majority of such permits, she believed that through the
process, changes were made to development proposals to accommodate neighborhood
concerns.
Ms. Nathanson did not think that the City could develop a simple overlay zone. She believed that
such a zone would be very detailed. The council would likely make many amendments to any
recommendation forwarded to it by the Planning Commission. Ms. Nathanson envisioned the
resulting process would be burdensome.
Ms. Taylor determined from Mr. Coyle that the City needed to adopt some code amendments to
accommodate a new hospital. She was not ready to allow a new hospital to be permitted in all
zones without knowing where it would be.
Mr. Coyle pointed out that rezoning may also require amendments to the Eugene-Springfield
Metropolitan Area General Plan, and that was a lengthy process. The council could be
processing a Metro Plan amendment while the hospital was breaking ground. Ms. Taylor
suggested that the council should adopt Mr. Kelly's proposal if it wanted to move quickly. She
was not ready to say that the hospital should be permitted anyplace.
Responding to a question from Ms. Taylor, Mr. Coyle anticipated that the community would have
a dialogue on where the public's interest was best served through the public process. He added
that staff had considerable homework to do before any changes were made, particularly in regard
to the protections needed for the residential zones.
Ms. Bettman favored the establishment of a hospital medical overlay zone. She thought it gave
the hospitals more predictability and flexibility and the citizens more predictability. She said the
MINUTES--Eugene City Council April 23, 2003 Page 4
staff recommendation meant that the details were worked out after the hospital decided where it
wanted to locate, forcing the City to reconcile the standards and underlying zoning to fit the
needs of the hospital after the fact. If the council established an overlay zone, those details
were already built into the zone. The hospital decided where it wanted to be, and the City would
then apply the overlay zone. That addressed issues such as height allowances and building
standards. She said the overlay zone gave the City Council the ability to "weigh in." She
maintained that what the council wanted was a hospital in the central city. The staff
recommendation would allow the hospital to be placed anywhere. Ms. Bettman pointed out that
a hospital overlay zone was meant to be an incentive to facilitate hospital development.
Mr. PapS, seconded by Ms. Nathanson, moved to direct staff to initiate a
zone code change to reconsider the permitted uses for hospitals.
Mr. Kelly, seconded by Ms. Bettman, moved to amend the motion by adding
the phrase "via a proposal for a simple large hospital overlay zone to facilitate
placement or expansion of large hospitals and allied uses."
Mr. Meisner opposed the amendment, saying that he doubted a hospital overlay zone could be
simple.
Ms. Bettman asked Mr. Coyle what representatives of McKenzie-Willamette Hospital said, and
when. Mr. Coyle indicated he would have to consult his calendar for the dates. He said that he
had asked hospital representatives if the staff recommendation would meet the hospitals'
different interests, and their response was yes in both cases.
The amendment to the motion failed, 5:3; Ms. Taylor, Mr. Kelly, Ms. Bettman
voting yes.
The main motion passed, 5:3; Ms. Taylor, Mr. Kelly, Ms. Bettman voting no.
B.WORK SESSION: Amendments to Riverfront Research Park Urban Renewal Plan
The council was joined by Richie Weinman and Mike Sullivan of the Planning and Development
Department for the item. Mr. Weinman recalled the council's February 12, 2003, adoption of a
motion directing staff to initiate the processes necessary to amend and update the Riverfront
Urban Renewal Plan. He called attention to the meeting packet, which included a proposed time
line for citizen involvement that had been approved by the Citizen Involvement Committee and an
outline of proposals to put before the public. He briefly reviewed those proposals.
Mayor Torrey called for council questions and comments.
Ms. Bettman suggested that making a case to extend the district's boundaries should be
predicated on district success, and requested information on the district's success and
accomplishments to this point.
Responding to a question from Ms. Bettman, Mr. Weinman explained the impact of tax increment
funding on the General Fund.
MINUTES--Eugene City Council April 23, 2003 Page 5
Ms. Bettman asked if the proposal was consistent with the University of Oregon Senate
resolution related to development north of the railroad tracks and what she believed was
University President David Frohnmeyer's commitment to uphold the resolution. Mr. Weinman
indicated he would follow up.
Ms. Bettman said the issue for her was a budgetary one, specifically the diversion of money from
the General Fund. Diverted funds could be used for roads and other amenities as opposed to
essential public services. She needed more information before she could support the proposal.
Mr. Kelly agreed that the issue was budgetary one, but suggested that budgeting was a matter of
prioritization. He thought that targeting funding at certain areas was not inappropriate. He
supported the tool and plan extension, but was concerned about the recommendation to deal
with projects later. He suggested that a knowledgeable public discussion required graphic
descriptions of the possible projects. He asked where in the time line staff would include City
Council brainstorming for possible projects to be offered to the public. Mr. Weinman said that
could occur in July-August. Mr. Kelly asked that staff do some brainstorming before that time.
Mr. Kelly suggested there might be value in including both sides of Franklin Boulevard and
Broadway in the district to facilitate streetscaping. Mr. Sullivan thought it made sense, but
pointed out the expansion potential was capped at 20 percent of the total land base of the
original district.
Responding to a question from Mr. Pap~, Mr. Sullivan indicated that the district could be closed
and another district formed, but the increment would be lost and the new district base frozen at
the rate in place when the district was formed.
Responding to a question from Mr. Pap~ regarding the design of the intersection at Mill Street
and Broadway, Mr. Sullivan said that planning for the intersection was still underway. He said
that it was envisioned to be an urban intersection to the degree possible. He noted the
complications created by the fact the roadway was a State highway.
Mr. Pap~ wanted to expand the district and wanted to know why staff did not recommend that.
Mr. Weinman said that staff had discussed the option, as well as the option of a new ring district,
which could address some of the land in question. Staff was trying to keep the suggested
changes as simple as possible. He said that staff would incorporate district expansion into the
proposals carried forward to the citizens if that was the council's desire.
Mr. Pap~ asked what kind of infrastructure could be provided to the courthouse area using urban
renewal funds. Mr. Weinman cited sidewalk improvements and undergrounded utilities as an
example.
Mr. Meisner supported directing the manager to proceed with the amendments process.
Speaking to the project list, he expressed concern that the list not be so specific that it hemmed
the council in. In terms of evaluating the district's success; Mr. Meisner said that the council had
not looked backward when it amended the Downtown Urban Renewal Plan or used that as an
opportunity to evaluate the plan. It amended it by adopting a new project and eliminating the
former projects. He thought the council was looking now at a new plan with a new focus.
Mr. Meisner found the idea of expansion was intriguing. He did not think the federal funding
sought by the City for the courthouse improvements would be sufficient to realize all the
MINUTES--Eugene City Council April 23, 2003 Page 6
community's goals for the area. Other funds were needed for that, and extending the district
across Broadway could be useful.
Mr. Meisner asked if additional expansion to West Broadway and Mill Street could be
accommodated by reducing the district in another place. Mr. Weinman said no. Mr. Meisner
thought there was merit to including the west end and surrounding streets in the district.
Mr. Meisner said that the City did not partner nor communicate well with the University of Oregon.
He had learned that morning that the University was unaware the City had requested funding for
the extension of the southbank bicycle path, and urged more communication.
Ms. Taylor recalled extreme opposition from some to the entire plan because of environmental
concerns. People had worked to prevent the plan's adoption. She thought their fears had turned
out to be true. One of the results of the plan was a road to nowhere, and a large underpass
under the railroad. Businesses had moved away from other places in the community to the park.
She said that the money was easy to spend and the public had no control over how the money
was spent. The money could be used for desired amenities in other places. Ms. Taylor called for
public involvement in the any major spending decisions.
Ms. Taylor suggested that rather that stimulate activity in the courthouse area, the City should
work to stimulate activity in downtown.
Ms. Nathanson agreed with Ms. Taylor that the public should be involved, and noted the time line,
which provided for public involvement.
Ms. Nathanson suggested a River Walk modeled on the Art Walk be organized between
downtown and the area in question.
Regarding expansion of the district, Ms. Nathanson said that there was not a lot of money
involved and there were many ideas generated out of the Greater Downtown Vision that would
require funding. She said that the money in question was needed to redevelop a part of the city
in decline, and a location where the city turned its back on the river rather than embracing it.
She suggested environmental mitigation be added to the list of projects.
Mayor Torrey called for a second round of council comments.
Mr. Kelly wanted language about environmental protections in the goals. Referring to page 43 in
the draft plan, Mr. Kelly said that it discussed some amendments being adopted by the Urban
Renewal Agency and some being adopted by the City Council, and asked staff to clarify that. He
also requested more detail on who authorized the expenditure of significant dollars.
Referring to page 37 of the draft plan, Mr. Kelly asked that the language on the upper Millrace
include the desired day lighting throughout the courthouse area.
Referring to the text in C(2)(a) on page 37 of the plan that referred to excessive dwelling unit
density, Mr. Kelly suggested it was left over text and at odds with the council's goals. Page 36
included text that spoke to ensuring emergency vehicle access, and Mr. Kelly questioned why it
needed to be mentioned explicitly as he assumed it would be a condition of any development.
Mr. Kelly requested explanation of why it was relevant to mention the Riverfront Park Study in the
draft plan.
MINUTES--Eugene City Council April 23, 2003 Page 7
Ms. Taylor pointed out that even though public involvement was called for, the plan also called for
the considerable expenditure of staff time. She thought it foolish to waste staff time on
something the council had not yet decided to do.
Ms. Bettman asked for information about the administrative costs of processing the
amendments. She agreed that redevelopment was needed in the downtown area, but the City
had already prioritized public investment in the area in a variety of ways. Ms. Bettman did not
think the City needed to create another dedicated revenue stream that should instead be used for
a higher priority, such as public safety and human services. She feared the money involved
would be used for transportation projects, for which there were other funding sources.
Mr. Meisner requested information on where the revenues of the district come from
geographically; did most come from the research park, and what were the consequences to that
increment from the City's acquisition of the two businesses formerly located in the park?
Responding to a question from Mr. Pap8 regarding who controlled the University's land in the
Riverfront Research Park, University of Oregon representative Diane Wiley said that the State
Board of Higher Education controlled the property through the University administration and
President Dave Frohnmeyer.
Mr. PapS, seconded by Ms. Nathanson, moved to direct the City Manager to
proceed with the process of amending the Riverfront Research Park Urban
Renewal District Plan, with the draft language and including a
recommendation for expansion of the district not to exceed 20 percent of the
land area, in accordance with the proposed time line, which would include a
council and staff brainstorming session in July orAugust. The motion
passed, 6:2; Ms. Taylor and Ms. Bettman voting in opposition.
Mayor Torrey adjourned the meeting at 1:20 p.m.
Respectfully submitted,
Dennis Taylor
City Manager
(Recorded by Kimberly Young)
MINUTES--Eugene City Council April 23, 2003 Page 8