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HomeMy WebLinkAboutOrdinance No. 20237 ORDINANCE NO. 2(~237 AN ()RDINANCE AMENDING THE WHITEAKER PLAN LAND USE DIAGRAM TO REDESIGNATE OLD FIRE STATION #2 (Map 17-04-25-41, TAX LOT t)1500) FROM GOVERNMENT AND EDUCATION TO MIXED USE AND ~ZONtNG THE PROPERTY FROM PL, PUBLIC LAND TO S-Wy WHITEAKER s?ECIAL AREA ZONE WITH/SR SITE REVIEW OVERLAY ZONE. The Ci~ Council of the City of Eugene finds that: A. On August 6, 2001, the Eugene City Council initiated proceedings -fYr amendments ;o the Whiteaker Refinement Plan and concm:rem zone change to redesignate and rezone property owned by the City of Eugene, consisting of the parcel located at 1045 West First Avenue (Map 17- 04~25-41, Tax Lot #01500) from Govemrnent and Education to Mixed Use. B, On September 28, 2001, the proposed amendments and notice of the Planning Commission public hearing on the amendments was mailed to the Oregon Department of Land Conservation and Development as required by ORS 197.610. No comment ,;vas received in response to ~he notice~ C. On October 10, 2001, notice of the application was mailed to the Whiteaker Community Council, the neighborhood organization officially recognized by the city that includes /he area of the subject property. D, On October 12, 2001, notice of the hearing was mailed to the owner of the property subject to the amendment, and to owners and occupants of property within 300 feet of the subject property and posted at fnree locations within the 300-fbot notice distance. A revised notice of the hearing, announcing a change in the hearing location, was mailed to ow~ners and occupants on October 3 I, 2001_ E, On November 13, 2001. the Eugene Planning Commission held a public hearing on the request and voted in support of the request, with the addition of the/SR Site Review Overlay Zone to the S-W Whiteaker Special Area Zone. Testimony in support of the proposed amendments was provided by the applicant's representatives: there was no testimony in opposition to the proposed amendments. F, On November 28, 2001, notice of the Eugene City Council hearing was mailed to the applicant and applicant's representative. G, On December 10, 2001, the Eugene City Council held a public hearing on the request and is now ready to take action on the requested amendment. Ordinance- 1 H. Evidence exists within the record and the findings attached hereto that the proposal meets the requirements of Chapter 9 of the Eugene Code, 1971, and the requirements of state and local law, NOW, THEREFORE, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Sectio_n 1. The above findings, and the findings set forth in Exhibit C attached hereto and incorporated herein by 'this reference are hereby adopted. Se_etlon 2_ The Whiteaker Plan Land Use Diagram for the Old Fire Station #2 property located at 1045 West First Avenue, described as Map 17-04-25-41, Tax Lot #01500, is amended fi:om Government and Education to Mixed Use, as depicted on Exhibit A attached hereto and incorporated herein by fhis reference. Seeti_on 3. The Eugene Zoning Map and Overlay- Zone Map for the Old Fire Station #2 properiy located at 1045 West First Avenue, described as Map 17-04-25-41, Tax Lot #01500, is amended i¥om Public Land to S-W, Whiteaker Special Area Zone with/SR, Site Review Overlay Zone, as depicted on Exhibit B attached hereto and incorporated herein by this reference. Section 4. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is fbr 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. Passed by the City Council this Approved by the Mayor this day of December, 2001 10*t' day of December~ 2001 City Recorder Ordinance 2 C]ark Street Clark Street F{rst Avenue Whiteaker Fire Station #2 [~ap 17-04-25-41, Tax Lot '~500 Whiteaker P~an Land Use Diagram: Mixed Use Clark Street Z 01-21, Whiteaker Fire Station Clark Street First Avenue Whiteaker Fire Station #2 IVlap 17.84-25-41, Tax Lot 1500 Zoning: S-W, Whiteaker Speciat Area Zone ~,4th /SR Site Review Oveday Zone E×h~bit C FINDINGS IN SUPPORT OF THE ADOPTION OF AMENDMENTS TO THE WHITEAKER pL~ (PdgFINE~NT PLAN) LAND USE DIAGI~4M, THE EUGENE ZONING ~P AND THE EUGENE OVE~A¥ ZONE MAP ~ 01~2~ Refinement Plan A . mendment. To change the Whiteaker Plan (Refinement Plan) Land use Diagram to Show ~e designation of the property at 1045 West 1st Avenue as Mixed USe rather th~ Govermnent and Education. There are no changes proposed to the text of the ~i~e~.~.er Plan, Z 0I~21~ Zone Change: To change the ex~sting zoning of the proper~ at 1045 West pt Avenue ~kom PL Public Land to S~W Whkeaker Special Area Zone with/SR Site ReView Overlay Zone. with Refinement Plan Amendment Approval Criteria The Eugene City COuncil re&es the following findings with respect to the refinement plan mendment approval criteria in EC 9.8424. EC 9;8424 (1) The plan amendment is consistent with all of the following: (a) Statewide planning goalS. The following provides findings of consistency of the plan amendment v;Sth relevant statewide Pl~ng goals~ These findings also serve as findings of consistency wkh statevdde planning goals ~br the coherent rezoning. Goal 1: Citizen Involvement: DevelOp a citizen involvement program that insures the opportunity for citizens to be involved in all Phases of the planning process. Chapter 9 of the Eugene Code~ 1971 establishes procedures for Type IV land use applications, including refinement plan amendments and zone changes processed concurrent with refinement plan amendments, which exceed the notice requirements set forth in ORS 197.763 fbr quasi- judicNl !and use hearings conducted before a hearings body. Section 9.7415 of the Eugene Code requireS wriaen.notice of the refinement plan amendment hearing and the nature of the request be mailed at least 30 days befbre the plying commission public hearing to the applicant, owmers and occupants oft he subject property, ovmers and occupants of properties located within 300 feet of the perimeter of the subject property, neighborhood group or community organization officially recognized by the city council that includes the area of khe subject request, and community groups that have submitted wq:itten requests for notification. The Community' Council is the officially recognized neighborhood group for this area. The Pr°cess will als0 include a second public befbre the City Council. Therefore, this decision complies with Goal 1. EXhibit C z Goal 2: Land Use Planning: To establish a land use planning process and policy f~raraework as a basis for all decision and actions related to use of land and to assure an adequate factual base for such decision~ and actions. Section 9.8424 of Chapter 9 of the Eugene Code, 1971 establishes criteria for approval of a refinement plan amendment and Section 9.8865 establishes criteria for approval of a zone change. Fkldings establishing a factual base for compliance with these approval criteria, and therefore for the decision, are provided in this evaluation. Therefore, the decision complies with Goal 2. Goal 3: Agricultural Lands Goal 4: Forest Lands These goals apply to property outside of t~ban growth boundaries and are not applicable to this decision, Goal 5 Natural Resources, Scenic and Historic Areas, and Open Spaces: To protect natural resources and conserve scenic and historic areas and open spaces. This Proper~~ is cu=ently developed. It does not contain any identified natural resources, scenic or historic Seas or Open spaces. G°al& Air~ Water and Land Resources Quality Goal 7: Areas SUbject to Natural Disasters And Hazards Goal 8: ReCreational Needs These goals se not applicable to this decision Goal 9 EConomic Development: To provide adequate opportunities throughout the state for a Variety of economic aCtivitieS vital to the health, ~velfare, and prosperi~ of oregows citizen. The Change in refinement plan designation from Government and Education to Whiteaker Mixed USe and concurrent rezoning from Public Land to S-W, Whiteaker Special Area Zone provides opportunities for private reuse of an the existing public fire station structures Since file property was developed and in public o~ershiP daring the last update of the co~ercial and industrial bUildable lands inventories, there are no buildable lands impacts from the change in refinement plan designation and zoning. Therefore, the decision complies with Goal 9. Goal 10 HOusing: To provide for the housing needs of citizens of the state. The ch~ge in refinement plan designation from Government and Education to White&er Mixed use and cOnc~ent rezoning from Public Land to S-W, White&er Special Area Zone provides opportunities fbr Private reuse of an the existing public fire station structure, Since the property was developed and in public ownership during the last update of the residemial buildable lands xh bit C inventories, there are no buildable lands ira_pacts from the change in refinement plan designation and zoning. Therefiore, the decision complies with Goal 10. Goal 11: Public Facilities and Services: To plan and develop a timely, orderly and efficient arran gement of public facilities and services to serve as a framework for urban and rural development. This site is served by a full range of public facilities and services and the change to a mixed use designation will not alter the ability to provide services to this site. Therefore, the decision complies wkh Goal 11. Goal 12: Transportation Goal 13: Energy Conservation Goal 14: Urbanization These goals are not applicable to the decision. Goal 15: Willamette R~ver Greemvay: To protect, conserve, enhance and maintain ~he natural, scenic, historical, agricultural, economic and recreational qualities of lands along the Willamette River as the Willamette River Greeuway. S~nce the property is not located in the Willamette RSver Greenway, this goal is not applicable to the decision. Goals 16 - 19 are Coastal Goals and do not apply to the metro area. In addition to the above findings pertaining to the applicanFs proposal, this decision incorporates a portion of findings adopted by the City as part of Ordinance No. 20224. The incorporated findings show the land use regulations under which this decision ~s made are ~n compliance with applicable statewi cie plarming goals. Applicable provisions of the Metro Plan. The subject property is on the edge between two designations on the _Me~o Plaa~ Diagram. The area to the ;vest on the north side of West Vt Avenue is designated as Medium Density Residential with Mixed Use on the Me~_.tro Plan_ Land Use Diagram. The existing apartments~ and industrial development reflects this designation. The area to the east along West 1 ~' Avenue is designated Low Density Residential. This designation is primarily intended for residential development through ten units per acre. The Metro Plan Diagram is no~ intended to be site specific~ G~ven the long-term non-residential use of the subject site as a fire station, and ifs location adjacent to the m~xed use area to the wesL staff would find that the request aligns with the Medim~ Density Residential with Mixed Use Designation of the Metro Plan Diagram. Exhibit C Findings, RA 01~2, Z 01-21 The following Metro Plan policies are applicable to the proposed Whiteaker Plan amendment. Expand opportunities fbr a mix of uses in newly developing areas and existing neighborh(~ods through local zoning and devek}pment regulations. (Policy A22, page HI-A~10) TbSs request is in an existing neighborhood and through the application of a mixed use designation and zoning will sdlow expanded opportunities fbr mixed use. Reduce impacts of higher density residential and mixed use developmem on surrounding uses by considering site review, landscape, and architectural design standards or guidelines in local zoning and development regulations. (Policy A.23, page III-A-10) If the Whiteaker Mixed use designation is applied to this site it will be subject to standards and crkeria fbr mixed use and specified in the Land Use Code, Section 93900 to 9.3915, -which includes allowable uses and development and lot standards. Based on policy direction in the er Plan., staff is also recommending that the site review overlay zone be applied to this property. The proposed amendment appears to be consistent with the above applicable mixed use policies of the Metro Plan. (c) Remaining portions of the refinement plum The area of th~s request is located in the South' Sladden Area-- Subarea 9. The plan designations of this area which are quite varied and include a designation of mixed use along West 1~ Avenue west of the former fire statiom In this section the following policy is applicable: In the South Sladden area, change the zoning of parcels designated on the ~¥'nitea&er Plan Diagram as mixed use to W~iteaker MU-W. Apply the site review subdistdct to all property zoned MU-W. This policy was implemented and fhe adjacent mixed use zoned area has the site review overlay zone. In light of this policy~ staff recommends that site review overlay zone be attached to this property as well There are no other policies in the Whiteaker Plan that provide specific direction to this application. EC 9~8424 (2) The refinement plan amendment addresses one or more of the ~'ollowing: (a) An error in the publication of the retinement plan. (b) New inventory material which relates to a storewide planning goal. (c) New or amended community polities. {id) New or amended provisions in a federal law of regualtion, state statute, state Exhibit C F[ndkngs, RA 01-2~ Z 01~21 regulation~ statewide planning goal~ or state agency land use plan. A Change in circumstances in ~ substantial manne~ that was not anticipated at the time the refinement plan was adopted. At the time the .~Whiteaker Plan was adopted, the property was used for a fire station and the Government and Education designation reflected this public use. Since that time, a new fire and public safety station has been developed at 2nd and Chambers and the exmtmg' ' Wh~teaker' #2 fire station has been closed. The propertY is no longer needed for a public use~ 27he City Council has deClared this site as surPlus property and it will ~e sold to a privhte party. This is a change in mrcumstance that was not anticipated at the time the refinement plan was adopted. is Zone Chart al Criteria. The Eugene City Council makes the following findings with respect to the refinement plan amendment approval criteria in EC 9.8865. 9.8865 (1) The proposed change is consistent with applicable provisions of the Plan. The written text of the ~etro Pl~.n_ shall take precedence over the Metro Plan diagram where apparent conflicts or inconsistencies exist. See findings under the refinement plan criteria addressihg consistency with the Metro Ptan~ They show thal a mixed use designation and zoning would be consistent with the Metro Plan. 9.8865 (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 M~tro Plan controls, The analysis and findings under the refinement plan criteria EC 9.8424(c) are also applicable here~ The Whiteaker Plan designates the area to the west along West 1~* Avenue for mixed use. The non-resi~.~tial characteristics and past use of this property seem to align with this mixed use designation. Given the policy diriection in the South Sladden area, stat'f is recommending that O~e Site Review overlay district be attached to the parent S-W Special Area Zone. 9~8865 (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 area containing this property is currently served by the full range of City services. Any potential increased density or use of the property is expected to be able to be served with urban services. The proposed zone change is consistent with the principles of compact and sequential growth since it would stimulate economic use and development of the property in an existing developed area. Exhibit C Firidings, ILA 01-2, Z 01~21 9.8865 (4) The proposed zone change is consistent with the app~eable siting requirements set O~t for the specific zone in: (a) EC 9.2150 Commercial Zone Siting Requirements. (b) EC %2430 Industrial ZOne Siting Requiremen~s~ ~d) EC ~.26~0 park~ Recreation~ and open ~p~e~ sR~ng ReqR~remen~s. e) EC 9.2681 Public Land Zone Siting Requirements. ~ EC 9.2735 Residential Zone Siting ~eq~iremen~s. (g) EC 9.3205 S-DW Downtown Wes~side Special Area Zone Siting Requirements. (h) EC 93305 S-E Elmira Road Special Area Zone SR~g Requirements. (i) EC 9.3705 S~ ~verfron~ Park Special Area Zone Siting Requirements. 0) EC 93905 S~_W Whiteaker Special Area Zone Siting Requirements. In addition to the approval criteria at EC 9.8865 Zone Change Approval Criteria~ the site must be planned for a special mix of uses in ~he WhReaker Neighborhood Plan. Th~s zone change is being processed concurrently with an amendment to the 1994 Whiteaker P!~n. If the amendment, is approved, the proposed change in zoning to Whiteaker S pecial Area Zone would be consistent with the new mixed use designation. Refer to the related refinement plan amendment (iL& 01 ~2). (k) EC 9.4715/WP Waterside Protection Overlay Zone Siting Requirements. (l) EC %4815/WB Wetland Buffer Overlay Zone Siting Requirements. 9.8865 (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. This criterion is not applicable to this zone change request. _Conclusion Based on the findings set forth above, the Eugene City Council concludes that the Whkeaker Plan (refinement plan) amendment and related zone change for Whiteaker Fire Station #2~ located at 1045 -West First Avenue (Map 17-04-25-41, Tax Lot 1500) are consistent with the approval criteria. Exhibit C Findings, ~ 0DZ Z 0D21