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Home My WebLink AboutOrdinance No. 19953ORDINANCE NO. ___~~ AN ORDIlV~N~ AD~~IDII~TG ~E M~~RO Fi~1N 1n ~PPI.Y IICffi= MEDIUM INDUSTRIAL LAND USE DESIGNATION TAO A 12.66 ACRE 511E LOCATID Wl'I$IN 1HE EUGII~IE URBsAN GROWTH BOUNDARY (JII2RY'S HOME IMPROVIIVIQ~Tr GINIIIt, MA 9~1x AND ADOPTING A SAVINGS AND S~ILITY CLAUSE. The City Cauncii of the City of Eugene finds that: A. The owner of Jerry's Home Improvement Center filed with the City a re nest . q far an amendment to the Eugene-Springfield Metropolitan Area General Plan Metro Plan ~ } land use diagram and a concurrent zone change from lowwdensity residential to li ht-medium . g industrial fora 12.66 acre site located at Wilbur Avenue and Theona Drive, which is located within the City's urban growth boundary. The application was initiated and submitted in accordance with applicable provisions of the Lane Code and the Eugene Code, 1971 for such amendments within Eugene's urban growth boundary. B. 4n November 3,1993 a joint public hearing on the request was held before the Lane County and Eugene Planning Commissions. After considerin the re uest . .g q submitted and the testimony and discussion at the public hearing, bath planning commissions voted in support of the request as modified by the commissions in their recommendations to their respective governing bodies. C. The Board of County Commissioners of Lane County, Gregor conducted a public hearing on the request and, pursuant to Ordinance No. PA 154, approved the request as modified and recommended by the Lane County and Eugene Plannin g Commissions. D. Evidence exists within the record that the proposal meets the requirements of Chapter 9 of the Eugene Code, 1971, and applicable state and local law. E. The City Council has conducted a public hearing on the request and is now ready to take action consistent with the recommendation of the Lane County and Eu ere . g Planning Commissions. Now, therefore, THE CITY 4F EUGENE DOES GRDAIN AS FGLLUWS; Section 1. The above findings, and the findings set forth in Exhibit "B" attached hereto and incorporated herein by reference are hereby adopted. ordinance -1 Section 2. The Metro Plan Diagram land use designation far the site identified as: Tax Lots 200, 340, 400, Soo, boo, 700, 800, 900, 1000, 1100, 1200, 1300, and a portion of 1400, and Tax Lots 2000, 2100, 2200, 2300, 2400, 25 00, 2b00, 2700 and 2800 of Map 17-04- l b-11 is amended from "Low Density Residential" to "Light-Medium Industrial", as depicted on Exhibit A attached hereto and incorporated herein by reference, and as more particularly reflected in the rezoning order adapted concurrently herewith. Section 3, The prior designations repealed by this Ordinance shall remain in full force and effect to authorize prosecution of persons in violation thereof prior to the effective date of this Ordinance. Section 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any 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 ~~oU~~( , 1994 ~~~ City Recorde day of ~ ~ 1994 ~ ..w_~ ~.,...~.. ~` Mayan Ordinance - 2 EXHIBIT A . ferry's dome Xmprovemea~ Center :;;~ esignate to Light-Modiurn Indus . ..... fed f~~• ~ •~~~• ii~• •~1~• • • :: ~~ lte~one to I-?~JLISR, L~gh~-Medium Indusix~ai .. , .. ~ Denotes e,~cisting houses EXHIBIT B Findings in Support of the Ordinance Amending the Eugene-Springfield Metropolitan Area Plan Diagram to Re-designate Property to Light-Medium Industrial. Metro Plan Amendment Criteria #1-The amendment must be consistent with the relevant statewide planning goals adopted by the Land Conservation and Development Commission. Goal 1-- Citizen Involvement To develop a citizen involvement program that ensures that opportunity for citizens to be involved in all phases of the planning process. This amendment is being processed consistent with the adopted Metro Plan amendment procedures. The adapted procedures provide for public notification of the request and opportunities for public comment. For minor plan amendments, the current procedures provide for public hearings before the Planning Commissions and elected officials of the affected jurisdictions, Lane County and the City of Eugene in the case of this request. The City of Springfield was sent a referral on this request but is not required to take part in the processing of a minor amendment outside of its jurisdiction. Consistent with adopted procedures, notice of the requested plan amendment and zone change was mailed to property owners and residents on the site and those within 300 feet of the site. In this case "the site" was considered to be the entire area between Elizabeth Street and the --~~ ~~~~ urban growth boundary, south of Theona Drive. Notice was also sent to other interested parties including the Industrial Corridor Community Organization and the Bethel Neighborhood Association, affected special districts, and other service providers. In addition, notices announcing the public hearing appeared in the local newspaper and were pasted in the general vicinity of the site, opportunities for oral and written public testimony will be provided at all public hearings on this matter. Goa12 -- Land Use Plannin Ta establish a land use planning process and policy framework as a basis for all decisions and action related to use of land and to assure an adequate factual base for such decisions and actions. This goal requires that a planning process and policy framework be established far making land use decisions. The Metro Plan establishes the policy framework for land use decisions in the metropolitan area. This minor plan amendment is being processed consistent with ~ the amendment procedures adopted by Lane County, Eugene and Springfield as part of the Metro Plan. These staff notes provide a factual basis for making a decision on this request. Exhibit B ^ 1 Ill~~L3CL7 ~ This exception process in Goal 2 is not applicable to this request since no exception to a statewide planning goal is required. Goa13 -- A ricultural Lands To preserve and maintain agricultural lands. Goal 3 is not applicable to this amendment. All of the properties in this request are inside the urban growth boundary and designated for urban levels of development. None of the properties in this request are designated or zoned far agricultural uses. Goal 4 -- Forest Lands To conserve forest lands for forest uses. Goal 4 is not applicable to this amendment since none of the properties in this request are designated or zoned for forest uses. Goal 5 -- Open Spaces. Scenic and Historic Areas and Natural Resources To conserve open space and protect natural and scenic resources. Goal 5 is not applicable to this amendment. This site has not been identified for future open space. No scenic, historic or natural resources have been identif ed on this site. The A-2 channel, an open, human-made drainage channel is located just off this site, beyond ~~ the south end of Wilbur Avenue. This channel is part of Eugene's drainage system and is maintained by the City of Eugene Public Works Department. The Natural Resources Special Study encourages future public access along the channel and a vegetative buffer along its edge. A second drainage channel crosses this site from east to west about halfway between Theona Drive and the southern end of V~ilbur Avenue. The location of this channel approximates the location of a natural stream that formerly existed in this location. Goal 6 -- Air Water and Land Resources To maintain and improve the quality of the air, water, and land resources of the state. This proposed plan amendment will not have a signif cant impact on the quality of air, water or land resources of the state. Improvements to the traffic circulation pattern see discussion under Goal 12} and the provision of public sanitary sewers to this area tsee discussion under Goal ~ 1} could result in slight improvements to air and water resources. Exhibit B -Findings - 2 Goal 7 -- Areas Sub'ect to Natural Disasters and Hazards To protect life and property from natural disasters and hazards. Goal 7 is not applicable to this amendment. None of the hazards identified in this goal affect the site being considered in this request. Goal S -- 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. The general area of this request, the area bounded by Beltline Hwy, Hwy 99, Theona Drive and the urban growth boundary, is not identified in the Eugene Parks Master Plan as a future park site. Due to the limited access into this area and the adj acent industrial uses to the west and north, this site is not a desirable location for a park facility. Qther recreational opportunities are available nearby, west of Wilbur Avenue, outside the urban growth boundary. The Golden Gardens site owned by the City of Eugene is located in this area and totals approximately 37 acres. The Parks Master Plan calls for future park improvements on 5 acres of the site and the remaining acreage to remain in a natural state. In addition, a conditional use permit for a private golf course has recently been approved by the Lane Hearings Official for the area surrounding the Golden Gardens park site. Goal 9 -- Economic Develo meet To diversify and improve the economy of the state. This request is consistent with this goal. The requested plan amendment would allow expansion of an existing, locally owned business that currently employs about 1 SO people from the EugeneJSpringfield area and the surrounding communities. This number varies seasonally and includes both full and part time employees. Aver the long term, expansion of Jerry's is expected to create about loo new jabs for Lane County residents. Jerry's is a building materials and supply outlet. This operation is directly related to the wood products industry, a major player in Gregon's economy. Availability of home improvement supplies and instructional materials also relates directly to the housing industry, both the construuctian of new homes and the upgrading of older homes. Goal 9 addresses the need for local jurisdictions to maintain adequate inventories of industrial land to meet forecasted demands. The Metropolitan industrial Lands Study was adopted in 1992 and concluded that the metropolitan area had an adequate supply of industrial sites to meet both short-term and long-term demand. Since the adoption of that study, 77 acres of industrial land located on the northeast corner of Beltline Hwy and the Northwest Exhibit B -Findings - 3 Expressway was determined to be more appropriate for law-density residential use and has been redesignated and rezoned accordingly. Approval of this 13 acre amendment as recommended by staff would replace a portion of the industrial land lost through the previous amendment and would not represent a significant change in the supply of industrial lands. In addition, this amendment would meet a particular need of a business that is already established at this location. Jerry's has been at its present Hwy 99N location since December 26, 1985. From 1961 until that time, Jerry's was located about a third of a mile to the south on Hwy 99. No vacant industrially designated land is located adjacent to the current Jerry's site to provide an alternative location for the proposed expansion. There is vacant land designated and zoned for light-medium Industrial use located elsewhere in the metropolitan area that can accommodate new industrial uses, however this land does not meet the expansion needs of Jerry's since it is not contiguous to the existing site. Goal la -- Housin To provide for the housing needs of citizens of the state. The area involved in this plan amendment is currently designated and zoned for urban levels of law-density residential use. The 4o acre residential area between Elizabeth Street and the urban growth boundary was part of a residential subdivision of 96 lots approved by Lane County in 1946. The construction of Beltline Hwy in the 196o's cut through the southeastern portion of this subdivision and eliminated the planned access at the south end of this neighborhood to the east and west along Jessen Drive. The industrial uses on the north side of Theona Drive and on the site on which Jerry's is currently located have also impacted this area. Consequently, residential development has occurred on only 16 of the 52 subdivision ~ -~- lots that remain in this subdivision after construction of Beltline Hwy and increased industrial uses in this area. The current density in this area is 1 unit per 2,5 acres. About one-third of the existing residential Tots in this area are significantly impacted by existing industrial development and Beltline Road and are unlikely to be developed to urban densities under the existing situation. The staff recommendation to re-orient the residential development toward Wilbur Avenue and away from Jerry's and Beltline Hwy would reduce the adverse impacts on the lots and make urban levels of residential development mare likely in this area. Limiting industrial uses to the northern portion of this area and requiring set backs and buffering would enhance the viability of the neighborhood along Wilbur Avenue. Since this area is within the urban growth boundary, service delivery systems have been designed and built with the capacity to serve this area. The proposed amendment is consistent with Goal 1o since it would allow an opportunity to re-orient a residential area away from impacting uses that were not in existence when the neighborhood was originally planned. Increased residential development in this area would take advantage of service delivery systems already planned for and in place. Extension of Exhibit B -Findings - 4 the sanitary sewer line north on Wilbur Avenue could be initiated by property owners in this area and would replace existing on-site sewage systems. New residential development in this area will require the extension of the sanitary sewer. All properties benefitting from the sewer line will be assessed for a share of the cost of the construction. Goal 11-- Public Facilities and Services To plan and develop timely, orderly, and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. This request is consistent with this goal. This area is within the urban growth boundary and as noted above, urban service delivery systems have been designed, and in the case of sanitary sewers, already constructed with the capacity to serve this entire area. EWEB water service is currently provided to Jerry's and can be extended to the entire residential area upon property owner request. Since this area is within the dissolved Bethel Water District, EWEB water can be extended without annexation to Eugene. EWEB water lines are currently located at the south end of Wilbur Street and in Hwy 99 in front of Jerry's. ~n order to expand its facility,lerry's would likely be required to extend the existing water line from Hwy 99 toward the residential area to provide for one or more f re hydrants. Jerry's and the homes in this area are currently served by on-site septic systems. Public sanitary sewer is available at the south end of Wilbur Street and is ready to be extended to serve this enure area. Extension of the sanitary sewer line north on Wilbur Avenue could be initiated by property owners in this area and would replace existing on-site sewage -- -~ systems. New residential development in this area will require the extension of the sanitary sewer. Annexation is required before sewer can be extended and all properties benefitting from the sewer line will be assessed for a share of the cost of the construction. Jerry's on-site sewage system is located on vacant property Jerry's owns between Elizabeth Street and Wilbur Avenue, on the south side of Theona Drive. This system was approved by the Lane County sanitarian consistent with state law. Jerry's will be required to connect to the public sewer at the time it is extended north on Wilbur Avenue. if prior to that time Jerry's existing on-site sewer system needs to be enlarged or relocated, consideration will be given to requiring connection to the public sewer system at the existing manhole at the south end of Wilbur via a private line. other key urban services including police and fire protection, emergency medical service, solid waste management, electric service and land use controls are already provided to this area. Trans~orta~on issues area discussed under Goal l2. Exhibit B -Findings Goal 12 -- Trans ortation To provide and encourage a safe, convenient, and economic transportation system. This request can be consistent with this goal through application of site review procedures and coordination with state and local transportation divisions. The major transportation network serving the vicinity of this request is already in place. Beltline Hwy and Hwy 99 facilitate access to this site from the Eugene-Springfield area as well as outlying areas. Re- configuration of land use patterns in this area provide an opportunity to improve the convenience and safety of the transportation system in this area. Specific transportation concerns in this area include the congestion on Hwy 99 near the present entrance and exit from Jerry's, the safety of the Hwy 991Theona Drive intersection and the lack of a secondary emergency access for the residential development on Elizabeth Street or Wilbur Avenue. Any expansion of Jerry's will require changes to the existing access and improvements to Theona Drive and the Theona DrivelHwy 99 intersection. Through the site review process, a traffic study will be required based on a request from the State Transportation Department. Review and approval from the State and local transportation divisions will be required as part of the site review process. The maximum amount of additional frontage along Theona Drive, as provided for in the recommended configuration D, will provide opportunities for significant changes to Jerry's existing access and internal circulation patterns. At the present, the public access into this area is off Theona. Both Wilbur Avenue and Elizabeth Street are dead end streets. In the event of an emergency, access to Theona Drive ~- ~~ could be provided off a gravel road located at the west end of Theona Drive, running north along the urban growth boundary to Clear Lake Road. According to Lane County transportation staff, this road is a "private gateway" and has no public status, Elizabeth Street and Wilbur Avenue have no emergency access. As originally platted in 194b, both Elizabeth Street and Wilbur Avenue connected to ]essen Drive to provide for access to the south and east. Prior to the construction of Beltline through a portion of this subdivision, lessen Drive connected this area with the Bethel area. Build out of this subdivision as it is currently would significantly exceed the Fire Marshal's maximum of 17 homes on a dead end street. The draft AvIH99 Study will recommend future extension of Wilbur to the south as future residential development occurs on this site and to the south in the Bethel area on vacant land off Primrose. Future extension of Terry Street to Clear Lake Road will also improve traffic circulation in this area. Exhibit B -Findings - 6 Goal 13 -- Ener Conservation To conserve energy. Expansion of Jerry's at its existing site will result in some increase in traffc due to increased number of employees and customers. Since the site is already operating over capacity, a portion of the expansion will serve to accommodate current customers and employees. The proposed expansion will take advantage of transportation infrastructure, Hwy 99 and Beltline Hwy, that is already in place to provide access to this area on a region-wide basis. Given that Jerry's is a regional attractor of customers, the location of this business near major transportation routes minimizes miles traveled and eliminates the need for customers from out of the metro area to travel through residential neighborhoods on local streets to reach their destination. Improvements to traffic circulation patterns, as required by the proposed site review criteria, would reduce traffic congestion and improved traffic flow will result in some reduction of energy usage by minimizing length of time cars wait in line to enter, exit or park on the site. In addition, utilizing the existing site for expansion rather than abandoning the existing building and paved area to relocate, will conserve land, raw materials and energy. Balancing the various aspects of this proposal with respect to energy conservation, this request is consistent with this goal. Goat 14 -- Urbanization To provide for an orderly and efficient transition from rural to urban land use. - -~ Goal 14 is not applicable to this request since it addresses establishing or changing an urban growth boundary. This request involves property that is already inside the acknowledged urban growth boundary and therefore is appropriate for urban levels of development. Goal 15 -- Willamette River Greenwa To protect, conserve, enhance, and maintain the natural, scenic, historical, agricultural, economic, and recrea~onal qualities of sand along the Willamette River as the Willamette River Greenway. No portion of the site in this request is within or adjacent to the Willamette River Greenway. Goals 16 -19 address coastal lands and features or ocean resources. These goals are not applicable to this proposed amendment. Exhibit B -Findings - 7 Metro Plan Amendment Criteria #2 -Adoption of Metro Plan amendments must not make the Plan internally inconsistent. This proposed Metro Pian diagram amendment will not make the Plan internally inconsistent. Inconsistency could result if the diagram reflected a land use that was inconsistent with a fundamental principle of the Metro Plan or a policy directed, a particular property or area. Inconsistency could also result from a significant shift in land inventories for a particular land use category creating a discrepancy between supply and demand. This proposed Metro Plan amendment is consistent with the fundamental principles and policies of the plan. As noted in the discussion of Goal 9, this amendment as recommended by staff involves only 13 acres and will not significantly change the inventory of industrial or residential land. There are no policies that relate directly to this specific area. Many Metro Plan policies are generally applicable to this request. The consistency of this request with those polices is demonstrated by the examples provided below, Residential Lands and Housin Element Policy 23, page II-B-7 states that to accomplish the fundamental principle of compact urban growth, low-density residential development should average six units per acre on a metropolitan-wide basis. This residential area is significantly below the average density at 1 unit per 2.5 acres. Development of this area has been anticipated since the subdivision was platted in 1946 and has not occurred due to construction of Beltline Hwy and surrounding industrial uses. Re-configuration of the area is an opportunity to increase residential densities in this area which is already within the urban growth boundary. Public investment in the service systems have ahead been made to su rt increased residential develo meet - Y pPo p in this area. Policy 12, page III-A-S promotes compatibility between residentially zoned land and adjacent areas. The site review criteria proposed for this site exceed the current standards in the code for industrial areas that abut residential areas. Policy 20, page III-A supports conservation of existing housing in stable neighborhoods. The neighborhood has undergone significant change since it was platted in 1946. Re- conFguration of the neighborhood in response to the changes has never occurred and as a result, the level of residential development that was planned for this area has not been achieved. The re-orientat;.on of the neighborhood away from the industrial uses and Beltline Hwy and the buffering proposed in the site review criteria will maintain and enhance the residential viability of this neighborhood. Policy 26, page III-A-7 encourages in-fill development on existing subdivision Tots within the urban growth boundary. Altering the land use patterns in this area will encourage the fang anticipated development of this subdivision. Exhibit B -Findings - 8 Economic Element Policies 1 and 2, page IIIwB-4 are supportive of existing and new businesses that use the resident labor force. Expansion of Jerry's will provide additional jobs for local residents. Policy 5, page III-B-S directs that sufficient adjacent land should be provided to allow existing industrial activities to expand. The amendment responds directly to this policy. Policy S, page III-B-S encourages the improvement of the appearance of existing industrial areas. The proposed site review criteria will achieve this policy. Metro Plan Amendment Criteria #3 -Amendments classified as update amendments must be initiated by the governing bodies of all three jurisdictions. This amendment is not classified as an update amendment and therefore, does not require initiation by all three jurisdictions. A classification determination for this amendment was done by the Planning Division on October ~5, 1993, consistent with the procedure outline in the Eugene Cade. This amendment was classified as a minor amendment. A plan update amendment is defined as a change to the Metro Plan that: 1} changes the urban growth boundary or jurisdictional boundary of the Plan; 2} requires an exception to a statewide planning goal; 3} amends a fundamental principle, goal or policy set out in Chapter II of the Plan; or 4) requires a substantial diversion of budgeted resources from approved work programs of affected city departments. The site in this request is located inside the urban growth boundary and the jurisdictional boundary of the Metro Plan and does not involve any changes to either of the boundaries. This amendment does not involve an exception to be taken under statewide planning goal 2 since no resource lands are involved and the requested amendment involves a small area, The impact of the requested change would be limited to the immediate area. This amendment does not require the amendment of a fundamental principle or a metropolitan goal or policy in the Metro Plan. A substantial diversion of planning resources from approved work programs of the Planning and Development Department or other city departments will not result from this request. The area of this proposed amendment is within Exhibit B -Findings - 9 the study area boundaries of the Airport VicinitylHwy 99 Study ~AVIH99 Study. This study is now underway. Staff has already completed preliminary research and analysis of this issue in preparation for resolving the issue as part of the AVIH99 Study scheduled for public hearings in 1994. This request is being processed now because the Lane County Commissioners and the Eugene City Council approved the applicant's request to allow earlier consideration of this proposed amendment. Exhibit B • Findings -10 BEFORE THE CITY COUNCIL 4F THE CITY 4F EUGENE, OREGON Final Order i n Z 93-37 The City Council of the City of Eugene finds. 1. 4n October 14, 1993, the following application for a change in zone was submitted. GMD Investments (Jerry's Home Improvement Center) (Z 93-37) Tax Lots 20o through 1300, 1404 tpartian}-- Assessar's Map 17--04--16-11; Tax Lots 2200, 2500 through 2804----Assessor's Map 17-04--16-11 Located west of E1 ~ zabeth Street, between Theona Street and Bel tl i ne Highway Requests rezoning from RA/UL Suburban Res ident i al /Urban i zabl a Land to I--2/UL Light-Medium Industrial /Urbani zabl a land, Processed concurrently with MA 93-1. Applicant: GMD Investments 2. The application was initiated and submitted i n accordance with Section 9.612 of the lane Code for the Urbanizabie Area, 1981. Time]y and sufficient . nati ce of the zone change has been provided. 3. Un February 8, 1994, the City Council held a public hearing on the zone change. The Pi anni ng Division staf f notes as approved by the Planning Commi ssi an, the Pi anni ng Commission decision and recammendati on, and the oral and written testimony presented have been considered and are part of the record of this proceeding. 4. Further consideration has been given to the Eugene-Spri ngf i e1 d Metropolitan Area General Pi an and ai 1 appl i cabi a speci a1 purpose and func-- tianal pi ans, pi anni ng rei ated pot i ci es, and community pi ans as set forth on pages 1-5 and 1-6 of the Metropolitan Pian. 5. 4n the basis of the record, the City Counci i of the City of Eugene finds that the zone change i s cans i stent with the criteria set forth i n Section 9.6T8~2y of the Lane Cade for the Urbanizabie Area, 198T. This general finding i s supported by the specific findings of fact and conclusions of 1 aw set out i n Exhi bi t B to this order, which are adopted herein. Now, therefore, based upon the above findings and the record i n thi s proceeding, the City Counci i approves the P1 anni ng Commission decision and recommendation, and i t i s hereby ordered that: The application far rezoning i s approved, ~ and the zoning map .under Section 9.2T4 of the Lane Code far the Urbani zabl a Area, X981 i s amended to reflect the change of zoning district designation for the property described in Exhibit A from Lane County RA/UL Suburban Residential/Urbanizab~e Land to Lane County I-2/UL/SR, light-Medium Industri a~ /Urban i zab~ a Land with the site review subdistrict attached. Adopted by the City Council on the ~f-' day of ~` U''~ City Record _~ 19q~ z93-31. a~2 EXHIBIT A YFtDP~RTY ~5CRIPTxON -JERRY'S BUILDING MA ~~ TALS January 23. 199 A parc4l of land ~,~~,ri~ in the N~~NE~ of Svati.on ~.6, T17S, KEW ` W.M. , and he~.n~ more ~x~~Llcularly described as ~'ol.Yowe; pA~t4TL 1 t T~n~ s 1 r ~ , 3, 1#• ~ a ~ ~ ~ ?: 38 ~ 3~ a.n~ ~0 of B~ a~:k 2., ?R~INGI~ALE ~ as plattdcl end rooorded in $ootc 1~, pH~e la, L~r~t~ County 4r~~on Piet Records, all ~.n Lanc County, DrQgc~n turd oontain~ng $, 88 sores, more or ~.eaa. AL~4, t~~e easterly 34.44 `Lot of ~,o~;s 3~ a~Q 37, Rl ~tt:k ~, '1kVINGDA?~~ ~ 8a plettdd a~~ci reoOlded in $ooxt 1~, ~'~Q ~ ~, ~',~e Gcnu~~,y 0~•egan Plat ~3eoai~~ ~ all in Lane 4ounty, 4regan ~.nd ~Qntaining 0.1$ aeras# mare or ~.ees. PARCEL `~~ Part of la~:e $ grid g, Eloc~t 2~ IRVING~ALE, as platted and x`d~:ardad in $vok ~,~, rage 1~, Lark County 4rAgon Flat 3~eeards ~u~cl l~~.rig more p~rticul~.•ly daacri.'6©d as follows; $eginning at the N.k~. corner of Lot 6. clock 2, ~r~.cl IRVINGDAI~, 'thence N$q r1'4o''~t, a'~an~ the North line of paid Lof. ~3, ~44.D$ feet to the N.w, eornor thcxevf ~ t~~e~xoe SO ?4'Q0~'W', a~.vn~ the - Wcet Pine of r~.i.d Lot $, 3+.26 feet to a pofn~. ~ thence "~D fig' ~ - - 1~'~, 31b.g9 feet to a point on the ~~~; ~.ind of Lat ~, rlaok ~ said YRyINGDA~ f thersce NO 2d ~ 04 "E, ala the East ~.ino of said Dots ~ and g, 135.OU feel; to the point o~ ~gfnr~in{~~ a~,l in 1'~ane County, 4re~on and contefning 0.~8 aere3 f more or looc ~xH i l3lT +-~ REVISED STAFF NOTES (as approved by Planning Commissions) PUBLIC HEARING ON A RE VEST FOR AN AMENDMENT TO THE EUGENE SPRINGFIELD METROPOLITAN AREA GENERAL PLAN DIAGRAM AND A ZONE CHANGE ~;erry's Home Imnrovement_Center ~GMD Investments} MA 93-1 and Z 93-37 Metro Plan Amendment Tax Lots 204 thru 1304 and 1400 ~pordon}~-Assessor's Map 17-o4-1b-11 Tax Lots 2444 and 2800--Assessor's Map 17-04-16-11 Zone Change Tax Lots 204 thru 1344 and 1404,(portion}--Assessor's Map 17-o4-1G-11 Tax Lots 2200 and 2500 thru 2840--Assessor's Map 17-44-16-11 Located outside the Eugene city limits, west of Elizabeth Street, between Theona Drive and Beltline Highway. Requests an amendment to the Metro Plan Diagram to redesignate approximately 13 acres of sand from law-density residential to light-medium industrial. Also requests rezoning for approximately 14 acres of land from County RAIUL, Suburban ResidentiallUrbanizable Land District to County I-21UL, Light-Medium IndustriaUUrbanizable Land District. Applicant: GMD Investments (owners of Jerry's Home Improvement Center) DESCRIPTION OF THIS REQUEST ~~m~~r~i -iii niiu~i nir-m~ ~~._. The owner ~ of Jerry's Home Improvement Center ~Jerry's~, ~MD Investments, has requested an amendment to the Metro Plan diagram and a zone change to allow the expansion of the building material and supply business presently located at this site. Jerry's is currently operating in excess of its capacity at its present site. The expansion is planned to allow Jerry's to respond to customer demand and to posirion Itself to more effectively .compete with similar businesses. The requested change is for redesignation and rezoning of approximately lU acres from Iow- density residential to light-medium industrial. The land in this request -is located west of the existing Jerry's store and materials yard which is located on the west side of Hwy 99, just north of Beltline H .All of the ro in this nest as submitted is owned by the . wy P Pe~y ~ :.applicant. REVISED STAFF NOTES -- December 2, I993 Page ~ Based an ,preliminary plans, the proposed expansion would require approximately 6 acres of additional land and would include an addition to the existing building and relaca~.on of the ~ s ~~~ covered stars a area and materials ord. Chan es are also fanned for the access to the site `~- ~"~ g Y g P and to the internal traffic circulation pattern, The plans for the expansion would require the vacation of Elizabeth Street which would be processed .through Lane County if this plan amendment and rezoning is approved. Together, the short-term expansion plans and the longer term expansion plans for ]erry's will require a total of approximately l~ ~ -12 acres of land. The area of this request is included within the plan boundaries of the Airport VicinitylHwy 99 Special Area Study AVIH99 Study} which is in progress. ,Review and adoption of this study is scheduled to be completed in mid-1994. One of the issues to be resolved by the AVIH99 Study is the future of this area between Elizabeth Street and the urban growth boundary,, south of Theona Street; approximately 40 acres. This plan amendment involves a portion of that area. Ordinarily consideration of privately initiated plan amendments is postponed if the property is included in an ongoing study. However, in response to a request from the owner of ]erry's, the Lane County Commissioners and the Eugene City Council agreed to allow earlier consideration of this proposed plan amendment. PRELIMINARY DISCUSSION OF THE REQUEST This applica~on as submitted, (see attached Exhibit A} involves one-third of the area between Elizabeth Street and the urban growth bound .The applicant limited the request to 10 acres of property to see if immediate expansion needs can be met and agreed la work through the AVIHwy 99 Study to resolve the future of the larger area. However, in order to comprehensively evaluate whether this expansion of the industrial land use designa~on ~ is ~ .~-~; : . appropriate, in this area, it is necessary to consider the future of the entire 4o acres between Elizabeth Street and the urban growth boundary. Rather than requu~e all parties to address this issue again as part of the AVIH99 Study, the staff analysis and recommendatzan that follows addresses the entire area. Policy language and land use designations for this area in the draft,.AVIH99 Study will be consistent with whatever action is taken by the elected officials on this request. . Preliminary staff analysis of this request focused on two questions. 1} Is a residential neighborhood in this area viable? 2} ~ Is expansion of an existing industrial use located in this area consistent with state land use goals and the policies in the Metro Plan? . Based on research and analysis for this request and for the more comprehensive AVIH99 :. Study, staff concluded that the answer to both questions is yes. The findings and reasons supporting this conclusion are detailed in the attached evaluations of the plan amendment and zone change requests. Given the above conclusion, several key issues arise: 1} which V~SEDSTAFF NDTES -- December x,1993 ~ Page 2 ~~~~~~ portion of the area between Elizabeth. Street and the urban growth boundary is most appropriate for industrial use, 2} which portion of the area is most viable for existing and new residential development, and 3} what measures can be taken to minimize the impacts of . industrial uses and mayor roads and enhance the overall quality of the residential area. Several different confi urations of industrial and residential land use patterns for this area g were evaluated by staff to determine how best to provide for the long-term viability of the area. LAND USE CGNFIGURATI(~NS Summaries of the evaluations of the land use conf gurations that appeared to be the most feasible are provided below. The various configurations are shown on the attached Exhibit A Configuration A} and Exhibit E fall other configurations}. AlI of the configurations assume the vacation of Elizabeth Street to allow for the expansion of Jerry's to the west. Conf uration A -~ This configuration was submitted by the applicant to address immediate expansion needs with the expectation that consideration of the future of the remainder of the area would occur as art of the AvIH99 Study. This proposal has three drawbacks. P First, access ~to the existing Jeny's site and internal circulation patterns are already problematic due to the triangular shape of the site and limitations imposed by Beltline Hwy and Hwy 99. This configuration would expand the industrial use on to a very deep site providing little additional street frontage to serve to acres of new industrial development. This proposal would not provide apporlunities to significantly improve the access and traffic ~-~-~ circulation situation. Second, this configuration expands industrial uses further to the south which appears to be the most viable area for a residential nei hborhood. In this scenario, man residential loll g Y on the east side. of Wilbur Street, about to acres of residential property, would directly abut industrial .property. Third, the Industrial .property would be split by a drainage channel. Consideration could be given to i in the channel to allow industrial development of the site. PP g onfi u 'on -~ This configuration limits the industrial designation to approximately 6 acres and~~addresses the immediate expansion needs of ]erry's. This configuration, similar to A would result in several residential ro vies, about 6 acres, directl abutting industrial P Pe y development; Site review criteria could be applied to require screening, However, due to the configuration and size of the site and the larger amount of property that would remain .residential, the recommended site review setback of 30 feet would be a significant burden on the industrial development. This configuration provides only limited opportunity for improving the existing access and internal circula~.on patterns. vtSED STAFF NDTES --December 2, I993 Page ~ Conf oration C -- This conf guration orients the industrial land toward Theona Drive. Industrial uses would front both sides of Theona, the existing wrecking yard on the north . .. ~~~ side and. an expanded Jerry s facility on the south side. The industrial property owners would-bear the cost of future improvements that will be needed on Theona. In addition, the significant amount of street frontage provides for the maximum opportunity to improve access and internal traffic circulation patterns on .the existing Jerry's site. This proposal would extend the industrial designation to Wilbur Avenue across from residential properties on the west side of Wilbur. The proposed site review criteria would address this situation by prohibiting access to the industrial property from Wilbur Avenue and by requiring a 3o-foot setback from the street and vegetative buffering in the setback. Based on the frontage on Wilbur Avenue, the industrial property would share in future costs of improving Wilbur Street and construction of the sanitary sewers. This L-shaped configuration of industrial Land would result in about 3 acres of _ residential property being impacted by the industrial use on two sides. Confi oration D ~- This configuration is similar to C in that it orients the industrial area to the north and concentrates the residential neighborhood in the southern half of the area. Like C, industrial uses would front both sides of Theona. The difference in this proposal is that the industrial area would extend south to the drainage channel that crosses this site from east to west. The channel, which connects to the Golden Gardens ponds, would provide an opportunity for a signif cant buffer between the industrial area to the north and the residential area to the south. This proposal includes 2 tax Lots that are not owned by Jerry's. These lots could remain zoned far residential use unril the owners choose to initiate a rezonin . g Under this scenario, no residential properties would be ~ immediately adjacent to industrial -~~~„~~ . uses. Residential properties would be separated from industrial uses b ve etatzve screening Y g and either Wilbur Avenue or the drainage channel. The site review criteria proposed by staff would require a 30 foot setback for industrial uses from both Wilbur Avenue and the drainage channel and require plantings in the ~ setback area. Thisconfiguration provides an industrial ,site of approximately 13 acres, enou h for both the lon -term ex ansion needs of g g P the existing business and for a significant, permanent setback to buffer the residential neighborhood. The entire residential area would be oriented away from the industrial uses and Beltline Hwy and would take access from V~ilbur Avenue. This is in contrast to the current configuration with residenfial lots on Elizabeth facing Jerry's storage yard and Beltline Hwy, C4nfig~~n E -~ This configuration is an expanded version of D, ~ In this proposal, the industrial designation is extended west to the urban grow#h boon .The entire northern portion of this area would be industrial with the residential area on the south side of the channel. 'This proposal uses the drain ~ e channel to orate the residential nei hborhoad ~P g from the industrial area. ~ ~ . vISED STAFF NDTES -- December Z, 1993 Page 4 -~~, ~ A drawback of this proposal is that access to the industrial ,property on the west side of Wilbur Avenue would r uire access off of '~'ilbur Avenue. In addition the ro rties alon ~ ~ P Pe g the west side of wilbur in this area border the urban growth boundary and are currently fairly large parcels ranging from three-quarters of an acre to about one-and-a-half acres. Continued law-density residential uses in this area could provide a buffer between the industrial uses and land outside the urban growth boundary which is currently in agricultural use with a golf course proposed for a portion of the abutting property. STAFF REC~MMENDATIDN Metro Plan Amendment Based on the findings detailed throughout these staff notes, staff recommends approval of conf guration D. This recommendation would result in redesignation of approximately 13 acres of land on the east side of wilbur Avenue, between Theona Drive and the drainage channel, from low-density residential to light-medium industrial. An alternative option would be to approve configuration B at this time and re-visit the issue of the larger area as part of ,the AVIHwy 99 Study. However, staff recommends that the entire issue be addressed at this time. A comprehensive analysis of the area has been done and postponing a portion of the discussion, until a later date would require, the residents, property owners, planning commissioners, elected officials, and staff to restate concerns and to reexamine the issues already before us as part of this application. Zone Change Staff recommends approval of a zone change to I-21ULf SR, Light-medium industrial for a portion of the area recommended for industrial designarion as shown on the Planning Commissions' Recommendation map, This rezoning would include only parcels owned by the applicant. The two privately owned parcels 4 lots 2300 and 2404} would retain the existing low~density residential zoning until the owner initiated a rezoning. In addition, the two lots owned by Terry's located between the privately owned parcels and the drainage channel ttax lots 2044 and 2100} would remain zoned residential until tax lots 2304 and 2400 were rezoned to ensure the existing home is not encircled by industrial uses. Language addressing the appropriate timing far rezoning of these lots can be included in the AVIHwy 99 Study. In the interim, buffering of the existing house on tax lot 2300 from adjacent industrial development would be required by the site review criteria. Staff recommends that the following site review criteria be applied to the property proposed for rezoning. These criteria are based on the staff recommendation of configuration D and may need to be modified if another alternative is approved. 1. Compatibility with the residential surroundings. Provide a 34 foot setback from V~'ilbur Avenue, the drainage channel to the south and from any adjacent residential REVISED STAFF NOTES -- December 2, 1993 Page 5 properties including those designated far future industrial use. Site obscuring vegetation shall be planted .and maintained within the setback area and a site obscuring 4: ~~ fence ar wall shall be installed along the 3~ foot set back Tine. ~`~~ 2. Signs and illumination in scale and harmony with the adjacent uses. Lighting shall not be intrusive into the adjacent residential areas. 3. Safe and eff dent ingress and egress. A traffic study will be required at the expense of the property owner. Review of the transportation study and review and approval of site plans for any new or expanding industrial use by the State Hwy Division and City of Eugene Transportation Division will be required. if the transportarion study identifies the need for public improvements such as to the TheonalHwy 99 intersection, the property owner will be required to participate in the cost of the improvements. 4. Every effort shall be made to reduce traff c congestion along Hwy 99 and improve the safety of the Hwy 99 and Theona Drive intersection. Consideration shall be given to elimination or reduction of direct access on to Hwy 99. S. No access to industrial property shall be allowed from 'Wilbur Avenue. G. No parking by employees or customers of industrial uses shall be allowed on Vvilbur Avenue. s 7. Efficient, workable, and safe interrelationships among buildings, parking, Circulation, andlandscaped areas, as well as related activities and uses. ~ .-~_ :.. 8. Na relocation or expansion of the on-site sewage disposal system shall occur. Connection to the public sanitary sewer system shall be required. Y1SED .STAFF NOTES --December 2,1993 _ ~ Page 6 EVALUATION OF METROPOLITAN PLAN AMENDMENT REQUEST Metro Plan amendment requests are evaluated based on the three criteria highlighted below and on the following pages. These criteria have been adopted by Lane County, Eugene and Springfield as part of the Metro Plan amendment process. The staff analysis of this proposed amendment presented below addresses each of the criteria. The analysis is based on a review of pertinent information including staff research, the applicant's statement, referral responses from various service providers, the Oregon Statewide Planning Goals, and applicable policies in the Metro Plan. Metro Plan Amendment Criteria #1-The amendment must be consistent with the relevant statewide planning goals adopted by the Land Conservation and Development Commission. Goal 1-- Citizen Involvement To develop a citizen involvement program that ensures that opportunity for citizens to be involved in all phases of the planning process. This amendment is being processed consistent with the adapted Metro Plan, amendment procedures. The adopted procedures provide for public notification ~ of the request and opportunities for public comment. For minor plan amendments, the current procedures provide for public hearings before the Planning Commissions and elected officials of the affected jurisdictions, Lane County and the City of Eugene in the case of this request. The City of Springfield was sent a referral on this request but is not required to take part in the processing of a minor amendment outside of its ~urisdicrion. - Consistent with adopted procedures, notice of the requested plan amendment and zone change was mailed to property owners and residents on the site and those within 30~ feet of the site, In this case "the site" was considered to be the entire area between Elizabeth Street and the urban growth boun ,south of Theona Drive. Nonce was also sent to other interested parties including the Industrial Corridor Community organization and the Bethel Neighborhood Associa~on; affected special districts, and other service providers, In addi~on, notices announcing the public hearing appeared in the local newspaper and were posted in the general vicinity of the site. 4pportunides for oral and written public tes~mony will. be provided at all public hearings on this matter. 0 2 --. Laid Plannin To establish a land use planning process and policy framework as a basis for all decisions and action related to use of land and to assure an adequate factual base for such decisions and actions. This goal requires that a planning process and policy framework be established for making REVISED STAFF NaTES -- December 2,1993 Page ~ sand use decisions. The Metro Plan establishes the policy framework for land use decisions in the metro Titan area. This minor tan amendment is bein rocessed consistent with the ~~~~~ ~ p gF amendment procedures adapted by Lane County, Eugene and Springfield as part of the Metro Plan. These staff notes provide a factual basis for making a decision on this request. This exception process in Goal 2 is not applicable to this request sine no exception to a statewide planning goal is required. Goal ~- A ricultural Lands To preserve and maintain agricultural.lands. Goa13 is not applicable to this amendment. All of the properties in this request are inside the urban growth boundary and designated far urban levels of development. None of the properties in this request are designated or zoned for agricultural uses. oaI 4 -- Forest Lands To conserve forest lands far forest uses. Goal 4 is not applicable to this amendment since none of the properties in this request are designated ar zoned for forest uses. oat.. -- n s Sceni and Histori r s and Natura~~ Resources To conserve open space and protect natural and scenic resources. -~ ~_ ~.. Goal S is not applicable to this amendment. This. site has not been identified for future open space. No scenic, historic. or natural resources have been identified ~on this site. The A-2 channel,- an open, human-made drainage channel is located just off this 'site, beyond the south end of Wilbur Avenue. This channel is part of Eugene's drainage system and is maintained by the City of Eugene Public Works. Department. The Natural Resourtxs Special Study encourages future public access along the channel and a vegetative buffer along its edge. . A second drainage channel crosses this site from east to west about halfway between Theona Drive and the southern end of Wilbur Avenue. The location of this channel approximates the Zocaaon of a ~ natural stream that formed existed in this location.. Y Sioal 6 -- Air. Water and Land Resources To mountain and improve the quality of the air, water, and land resources of the state. v1SED STAFF ND~ES --December 2, 1993 Page 8 ~,~- -~ This proposed plan amendment will not have a significant impact on the quality of air, water ~~ or Land resources of the state. Improvements to the traffic circulation pattern see discussion under Goal l~} and the provision of public sanitary sewers to this area see discussion under Goal 1 ~~ could result in slight improvements to air and water resources. Goal 7 M Areas Sub'ect to Natural Disasters and Hazards To protect life and property from natural disasters and hazards. Goal ? is not applicable to this amendment. None of the hazards identified in this goal affect the site being considered in this request. oat, 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. The general area of this request, the area bounded by Beltline Hwy, Hwy 99, Theona Drive and the urban growth boundary, is not identified in the Eugene Parks Master Plan as a future park site. Due to the limited access into this area and the adjacent industrial uses to the west and north, this site is not a desirable location for a park facility. ~~ tither recrea~anal opportunities are available nearby, west of 'Wilbur Avenue, outside the urban growth bound .The Golden Gardens site owned by the City of Eugene is located in this area and totals approximately 3? acres. The Parks Master Plan calls for future park ~ - :~-~_ ~~ improvements on S acres of the site and the remaining acreage to remain in a natural state. In addition, a conditional use permit for a private golf course has recently been approved by the Lane Hearings CfFcial for ,the area surrounding the Golden Gardens park site. Goal „,~_Economic Develo~men~ To diversify and improve the economy of the state. This request is consistent with this goal. The requested plan amendment would allow expansion of an existing, locally owned business that currently employs about 1SO people from the EugenelSpringfield area and the surrounding communises. This number varies seasonally and includes both full and part Mme employees. liver the long :term, expansion of Je 's is ex ted to create about 1oU new 'abs for Lane County residents. Jeny's is'a ~`y P~ ~ building materials and supply outlet. This operation is directly related to the wood products industry, a major player in ~~regon's economy, Availability of home improvement supplies and instructional materials also relates directly to the housing industry, both the - construc~on of new homes and the upgrading of older homes. vISED STAFF NOTES ~ December 2, 1993 Page 9 Goat 9 addresses the need for local jurisdictions to maintain adequate inventories of industrial land to meet forecasted demands. The Metropolitan Industrial Lands Study was adopted in ~~ ~`~ ~= 1992 and concluded that the metropolitan area had an adequate supply of industrial sites to `~ meet both short-term and long-term demand. Since the adoption of that study, 77 acres of industrial land located on the northeast corner of Beltline Hwy and the Northwest Expressway was determined to be more appropriate for low-density residential use and has been redesignated and rezoned accordingly. Approval of this 13 acre amendment as recommended by staff would replace a portion of the industrial land lost through the previous amendment and would not represent a signif cant change in the supply of industrial lands. Tn addition, this amendment would meet a particular need of a business that is already established at this location. Terry's has been at its present Hwy 99N location since December 26, 19$5, From 1961 until that rime, Jerry's was located about a third of a mile to the south on Hwy 99. No vacant industrially designated land is located adjacent to the current Jerry's site to provide an alternative location for the proposed expansion. There is vacant land designated and zoned for light-medium Industrial use ~ located elsewhere in the metropolitan area that can accommodate new industrial uses, however this land does not meet the expansion needs of Jerry's since it is not conriguous to the existing site. Goal 14 -- Housin To provide for the housing needs of citizens of the state. The area involved in this plan amendment is currently designated and zoned for urban levels ~ ~Y.~: r of low~density residential use, The 4o acre residential area between .Elizabeth Street and the urban growth. boundary was part of a residential subdivision of 96 lots approved by Lane - :~~_;~ County in .1946.., The construction of Bel~line H in the 196o's cut through the southeastern portion of this subdivision and. eliminated the planned access at the south end of this neighborhood to the east and west along Jensen Drive.. The industrial uses on the north side of Theona Drive and on the site on which Jerry's is currently located have also impacted this area. Consequently, residential development has occun~ed on only 16 of the 52 subdivision lots that remain in this subdivision after construction of Beltline Hwy and increased industrial uses in this area. The current density in this area is 1 unit per 2.5 acres. About one-durd of the existing residential lots in :this area are significantly impacted by existing Industrial development and Beltline Road and are unlikely to be developed to urban densities under the existing situation. ~ . The staff recommendation :tQ re-orient the residential development toward Wilbur Avenue and away from Terry's, and Belt .line Hwy would reduce the adverse impacts on the lots and make urban levels of residential development more likely in this .area. Limiting industrial uses to the northern portion of this area and . uirin ~ set backs and buffering would enhance the ~ g ~; ~ ; , viability of the neighborhood along '~ilbur Avenue. Since this area is within the urban ~, growth boundary, service delivery systems have been designed and built with the capacity tQ serve this area. . viSED STAFF NOTES --December 2, X993 ~ Page 1U ,r-~ ~. The proposed amendment is consistent with Goal la since it would allow an opportunity to . ~' re-orient a residential area away from impacting uses that were not in existence when the nei hborhood was ari inall lanned. Increased residential development in this area would g g YP take advantage of service delivery systems already planned for and in place. Extension of the sanitary sewer line north on Wilbur Avenue could be initiated by property owners in this area and would replace existing on-site sewage systems. New residenrial development in this area will require the extension of the sanitary sewer. All properties benefitting from the sewer line will be assessed for a share of the cost of the construction. Goal l l -- Public Facilities and Services To plan and develop timely, orderly, and efficient arrangement of public facilities and services to serve as a framework for urban and. rural development. This request is consistent with this goal. This area is within the urban growth boundary and as noted above, urban service delive s stems have been designed, and in the case of ryY sanitary sewers, already constructed with the capacity to serve this entire area. EWEB water service is currently provided to Jerry's and can be extended to the entire residential area upon property owner request. Since this area is within the dissolved Bethel V'~ater District, EWEB water can be extended without annexation to' Eugene. EWEB water Tines are currently located at the south end of V~ilbur Street and in Hwy 99 in front of Jerry's. In order to expand its facility, Jerry's would likely be required to extend the existin water line from H 99 toward the residential area to provide for one or more fire g wY hydrants. Je 's and the homes in this area are currentl served b on-site sepric systems. Public nY Y Y sanitary sewer is available at the south end of Wilbur Street and is ready to be extended to serve this entire area. Extension of the sanitary sewer line north on Wilbur Avenue could . be initiated by property owners in this area and would replace existing on-site sewage s stems. New residential develo merit in this area will wire the extension of the sanitary Y P ~ sewer. Annexation is required before sewer can be extended and all properties benefitting from the sewer line will be assessed for a share of the cost of the construcrion. Je 's on-site sews e s stem is located on vacant ro Je 's owns between Elizabeth ~Y g Y P Pe~Y ~Y Street and Wilbur Avenue, on the south side of Theona Drive. This system was approved by the Lane Coun sanitarian consistent with state law.. Jerry's will be required to connect to tY the public sewer at the time. it is extended north on Wilbur Avenue. If prior to that time Je 's exisan on~site sewer s stem needs to be enlarged or relocated, considerarion will be ~Y g Y given to requiring connecrion to the public sewer system at the existing manhole at the south end of Wilbur via a private line. Other key urban services including police and fire protection, emergency medical service, solid waste management, electric service and land use controls are already provided to this vISED STAFF NOTES -- Decem r ~, t993 Page 1 t area. Transportation issues area discussed under Goal ~~. .~.. ~ `' ~~ /.. ~Sl ~ Goal l2 -- Trans rtatiion . . To provide and encourage a safe, convenient, and economic transportation system. This request can be consistent with ties goal through application of site review procedures and coordination with state and local transportation divisions. The major transportation network serving the vicinity of this request is already in place. Beltline Hwy and Hwy 99 facilitate access to this site from the Eugene-Springfield area as well as outlying areas. Re configuration of land use patterns in this area provide an opportunity to improve the convenience and safety of the transportation system in this area. Specific transportation concerns in this area include the congestion on Hwy 99 near the present entrance and exit from ]erry's, the safety of the Hwy 991Theona Drive intersection and the lack of a secondary emergency access for the residential. development on Elizabeth Street or ~'ilbur Avenue, Any expansion of Jerry's wi11 require changes to the existing access and improvements to Theona Drive and the Theona DrivelHwy 99 intersection. Through the site review process, a traffic study will be required based on a request from the State Transportation Department. Review and approval from the Sate and local transportation divisions will be required as part of the site review process. The maximum amount of additional frontage along Theona . Drive, as provided far in the recommended conf uration D, will - rovide o rtunities for g P FPo signif cant changes to Jerry's existing access and internal circulation patterns, At the present, the public access into this area is off Theona. Both Wilbur Avenue and Elizabeth Street are, dead end streets. In the event of an emergency, access to Theona Drive coutd be provided off a gravel road %cated at the west end of Theona Drive, running north along the urban growth boundary to Clear Lake Road. According to Lane Coun tY transportation staff; this road is a "private gateway" and has no public status. Elizabeth Street ,and wilbur Avenue ~ have no emergency access. As originally platted in 19~4~;~~bo#h Elizabeth Street and Vvilbur Avenue connected to ]essen Drive, to provide for access to the south and east, Prior to the construction of Beltline through a portion of this subdivision, lessen Drive connected this area with the Bethel area. Build out of this subdivision as it is currentl would si nificantl ~ exceed the Fire Marshal's Y g Y maximum. of 17 hanies on a dead end street. The draft AVlH99 Study will recommend future extension of wilbur to the south as future residential develo meet occurs on this site . P and t4 the sough in the Bethel area on vacant land off Primrose. Future extension of Terry Street to Clear Lake Road will, also improve traffic circulation in this area. vtSED STAFF NOTES -- December Z, 1993 Page I2 Goal 13 ~~ Ener~~Conservation To conserve energy. Expansion of Jerxy's at its existing site will result in some increase in traffic due to increased number of employees and customers. Since the site is already operating over capacity, a portion of the expansion will serve to accommodate current customers and employees. The proposed expansion will take advantage of transportation infrastructure, Hwy 99 and Beltline Hwy, that is already in place to provide access. to this area on a region-wide basis. Given that .Terry's is a regional atttraactor of customers, the ~acadon of this business near major transportation routes minimizes miles traveled and eliminates the need for customers from out of the metro area to travel through residential neighborhoods an local streets to reach their destination. Improvements to traff c circulation patterns, as required by the proposed site review criteria, would reduce traffic congestion and improved traffic flow will result in some reducrion of energy usage by minimizing length of time cars wait in line to enter, exit or park on the site. zn addition, utilizing the existing site for expansion rather than abandoning the existing building and paved, area to relocate, will conserve land, raw materials and energy. Balancing the various aspects of this proposal with respect to energy conservation, this request is consistent with this goal. Goal 14 -- Urbanization To provide far an orderly and efficient transition from rural to urban land use. -~~-~=~- Goal 14 is not applicable to this ,request since it addresses establishing or changing an urban growth boundary. This request involves property that is already inside. the acknowledged urban growth boundary and therefore is appropriate for urban levels of development. Goal 1 -- Willamette River reenwa To protect, conserve, enhance, and maintain the natural, scenic, historical, agricultural, economic, and recreational qualifies of land along the Willamette River as the Willamette River Gre~nway. No portion of the site in this request is within or adjacent to the Willamette River Greenway. Goals 1 G -19 address coastal lands and features or ocean resources. These goals are not applicable to this proposed amendment. Metro Plan Amendment Criteria #~ ~ Adoption of Metro Plan amendments must rat vISED STAFF NOTES -- December Z, 1993 Page I3 make the Plan internally inconsistent. ~ti S, Si t ~, 'This proposed Metro Plan diagram amendment will not make the plan internally inconsistent. Inconsistency could result if the diagram reflected a land use that was inconsistent with a fundamental principle of the Metro Plan or a policy directed a particular property or area. Inconsistency could also result from a significant. shift in land inventories for a particular land use category creating a discrepancy between supply and demand. This proposed Metro Plan amendment is consistent with the fundamental principles and policies of the plan. As noted in the discussion of Goa19, this amendment as recommended by staff involves only 13 acres and will not significar-t1y change the inventory of industrial or residential land. There are no policies that relate directly to this specific area. Many Metro Plan policies are generally applicable to this request. The consistency of this request with those polices is demonstrated by the examples provided below. ~ . Residential Lands and Housin Element Policy 23, page II-B-~1 states that to accomplish the fundamental principle of compact urban growth, low-density residential development should average six units per acre on a metropolitan-wide basis. This residential area is ~ significantly below the average density at 1 unit per ~2.5 acres. Development of this area has been anticipated since the subdivision was platted in 1946 and has not occurred due to construction of Beltline Hwy and surrounding industrial uses. Re-cantgura~on of the area is an~ opportunity to increase residential densities in this area which is already within the urban growth boundary. Public investment in the service systems have already been made to support increased residential development in this area.. . _. . Policy 12, page III-A-S promotes compatibility between residentially zoned land and adjacent areas. ~ The site review criteria proposed for this site exceed the current ~ standards in the code for industrial areas that abut residential areas. Policy 20, page III-A supports c~nservat~on of existing housing in stable neighborhoods. The neighborhood has undergone significant change since it was platted in 1946, Re- aonfiguration of the neighborhood in response to the changes has never occurred and as a result, the level of residential development that was planned for this area has rat been achieved. The re-orientation of the neighborhood away from the industrial uses and Beltline Hwy and the buffering proposed in the site review criteria will maintain and enhance the residential viability of this neighborhood. - . Policy 26, page III•A-7 encourages in-fill development an existing subdivision lots within the urban growth bound .Altering the land use tterns in this area will encou a the Ion ~'y Pa g : anticipated development of this subdivision. Economic Element . VISED STAFF NDTES -- December 2,1993 Page 14 .~-~~ .Policies 1 and 2, page llr«B-4 are supportive of existing and new businesses that use the resident labor force. Ex ansion of Je 's will rovide additional 'obs far local residents. P ~y P ~ Policy 5, page llt-B-S directs that sufficient adjacent land should be provided to allow existing industrial activities to expand. The amendment responds directly to this policy. Policy S, page Ill-B-S encourages the improvement of the appearance of existing industrial areas. The proposed site review criteria will achieve this policy. Metro Phan Amendment, Criteria 3 - Amendmen#s classified as update amendments must be initiated by the governing bodies of ail three jurisdictions. This amendment is not classified as an update amendment and therefore, does not require initiation by all. three ~ urisdicdons. A classification determination for this amendment was done by the Planning Division on Qctober 25, 1993, consistent with the procedure outline in the Eugene Code. This amendment was classif ed as a minor amendment. A plan update amendment is defined as a change to the Metro Plan that: 1} changes the urban growth boundary ar j urisdicdonal boundary of the Plan; 2} requires an exception to a statewide planning goal; 3} amends a fundamental principle, goal or policy set out in Chapter II of the Plan; or 4) requires a substantial diversion of budgeted resources from approved work programs of affected city departments. The site in this request is located inside the urban growth boundary and the jurisdictional boundary of the Metro Plan and does not involve any changes to either of the boundaries. This amendment does not involve an ~ exce don to be taken under statewide .planning goal ~ P since no resource lands are involved and the requested amendment involves a small area. The impact of the requested change would be limned to the immediate area. . This amendment does not require the amendment of a fundamental principle or a metropolitan goal or policy in the Metro Plan. A, substantial diversion of planning resources from a roved work ro rams of the Plannin and Develo meet Department or other city PP P g g P 'departments will not result from this request. The area of this proposed amendment is witiun the stud area boundaries of the Ai rt Vicini IH 99 Study ~AVIH99 Study}. This study Y ~ tY wY is now underway. Staff has already completed preliminary research and analysis of this issue YISED STAFF NOTES -- Decem x 2, 1993 age 15 in preparation for resolving the issue as part of the Av~H99 Study scheduled for public hearings in 1994. This request is being processed now because the Lane County , Commissioners and the Eugene Ci Council a roved the a Iicant's r nest to allow earlier tY PP PP ~ consideration of this proposed amendment. EVALUATION OF ZONE CHANGE REnUEST The applicant has requested a zone change concurrent with the Metro Plan amendment. This zone change is contingent upon approval of the Metro Plan diagram amendment. Approval of the requested zone change cannot occur without an amendment to the current land use designation for this property. The following analysis is based on the staff recommendation to approve the Metro Plan amendment Zone changes are evaluated based on the applicable Cade criteria. Since the land in this request is located in the urbanizable land area, within the urban growth boundary, but outside the City of Eugene, the applicable zone change criteria are found in Section 9.678 of the Lane County Code for the urbanizable area. The City of Eugene has jurisdiction over zzone changes in the urbanizable area. Lane County is not required to take action on the zone change request. Zone Chan a Criteria #1-The uses and density that wilt be allowed in the location of the proposed change 1~ can be served through the orderly 'and efficient extension of key urban facilities and.services prescribed in the Metro Plan, and 2~ are consistent with ~~ the principles of compact and sequential growth. ~ s 5 ~ ,µr A minimum level of key urban facilities and services is defined in the Metro Plan and -~:-_,~.. includes .salutary sewers, solid waste mono ement water service fire and emer enc medical g f f g Y servrces, pohce protection, parks and recreation programs, electric service, land use controls, communication facilities, and public schools, These key urban services are available to this area or can be extended to serve both existing and future industrial and residentsal development. A discussion of sanitary sewers and water service was provided reviousl in P Y these staff notes under Goal l 1, Police protection is provided to this area by Lane County Sheriff and the State Police. Upon annexation, .the Eugene police wiu provide protection to this area as they already do far the industrial area located t4 the north along Airport Road. Fire protection is provided to this area by Lane Rural Fine Protection bistrict #l and would continue to be rovided b 'the . P Y Dist~ct, with backup by the Ci u n annexation based on the inter overnmental eenient tY Po g between ~ the ~ City and the District. Additional fire h drams that will likel be aired if Y Y ~ Jerr~r's expands will improve water availability for fire fighting to this area. Emergency services are already provided on a region-wide basis. Electric service from Blackly Lane and communication facilities are already in place in this area. Solid waste management is provide b rivate firms, Re Tonal dis salfacilities are Y P g Po YISED STAFF Nt]TES -~ December 2,1993 ~ ~ age 16 ,,~~~ operated by Lane County. Land use and building permit activities are under the jurisdiction of Eugene as part of the urban transition process. Other services such as parks and schools are not directly relevant to industrially zoned property. This zone change would be consistent with the principles of compact and sequential growth. The proposed expansion of Jerry's would involve development of land already designated for urban development and would take advantage of service systems already in place. The site review criteria proposed for this site would increase the chances of in~ill development at urban levels of density occurring on .the adjacent residential properties. Zone Chan a Criteria 2 -The proposed change is consistent with the Metro Plan 1~ applicable text, 2~ specific elements related to the uses listed in the proposed zoning districts, and 3~ applicable land use designations., This zone change request is consistent with the applicable text in the Metro Plan. This request is also consistent with policies in both the Housing and Economic Elements of the Plan. ~ Discussion of the consistency of this request with the Metro Plan is provided as part of the evaluation of the requested Plan amendment. If the Metro Plan amendment being processed concurrently with this requests is approved, this rezoning would be consistent with the new land use designation for this site. Zone Chan a Criteria #3 -The proposed zone change is consistent with applicable adopted neighborhood refinement plans, special area studies, and functional plans. There is no adopted neighborhood refinement plan or special area study that is applicable to this area. This area is within the boundaries of the Airport VicinitylHwy 99 Special Area ~ - =~ Study which is in progress but has not yet been adopted. The draft of the AVIH9~ Study will reflect whatever action the elected officials take on this request. Site Review Staff recommends that the fallowing site review criteria be applied to the property proposed for rezoning. 1. Compatibility with the residential surroundings. Provide a 3~ foot setback from Wilbur Avenue, the drainage channel to the south and from any adjacent residential properties including those designated for future industrial use. Site obscuring vegetation shall be planted and maintained within the setback area and a site obscuring fence or wall shall be installed along the 3U foot set back line. 2. Signs and illumination in scale and harmony with the adjacent uses. Lighting shall not be intrusive into the adjacent residential areas. 3. Safe and efficient ingress and egress, A traffic study will be required at the expense WISED STAFF NOTES -- December 2, 1993 Page 1? of the property owner. Review of the transportation study and review and approval of site plans for any new or expanding industrial use by the State Hwy Division and =~ `°~ a~ City of Eugene Transportation Division will be required, ~f the transportation study `~ identif es the need for public improvements such as to the TheonalHwy 99 intersection, the property owner wild be required to participate in the cost of the improvements. ~. Every effort shall be made to reduce traffic congestion along Hwy 99 and improve the safety of the Hwy ~9 and Theona Drive intersection. Consideration shall be given to elimination or reduction of direct access on to Hwy 99. 5. No access to industrial property shall be allowed from wilbur Avenue. ~. No parking by employees or customers of industrial uses shah be allowed on wilbur Avenue. 7. Efficient, workable, and safe interrelationships among buildings, parking, circulation, and landscaped areas, as well ~as related activities and uses. 8, ~ No relocation ar expansion of the on-site sewage disposal system shall occur. Connection to the public sanitary sewer system snail be required. viSED .STAFF NaTES -- December 2, t~993 ~ Page 18 ~~ Site Review Criteria -- A roved b Cit Council 1. Compatibility with the residential surroundings. Provide a 3~ foot setback from Wilbur Avenue, from the top of the bank of the drainage channel to the south and from any adjacent residential proper~es including those designated for future industrial use. Site obscuring vegetation shall be planted and maintained within the setback area and a site obscuring fence or wall shall be installed along the 3~ foot set back line. 2. Signs and illumination in scale and harmony with the adjacent uses. Lighting sha11 not be intrusive into the adjacent residential areas. 3. Safe and efficient ingress and egress. A traffic study will be required at the expense of the property owner. The traffic study will consider the feasibility of providing temporary, secondary emergency access thru the Jerry's site to the Wilbur Avenue residential area. Review of the transportation study and review and approval of site plans for any new or expanding industrial use by the State Hwy Division and City of Eugene Transportation Division wi11 be required. If the transporta~,on study identifies the need for public improvements such as to the TheonalHwy 99 intersection, the property owner will be required to participate in the cost of the improvements. 4. Every effort shall be made to reduce traffic conges~on along Hwy 99 and improve the safety of the Hwy 99 and Theona Drive intersec~on. Consideration shall be given to - -~ elimination or reduction of direct access on to Hwy 99. 5. No access to industrial property shall be allowed from Wilbur Avenue. 6. No parking by employees or customers of industrial uses shall be allowed on Wilbur Avenue. 7. Efficient, workable, and safe interrelationships among buildings, parking, trafric circulation including car, bicycle and pedestrian traffic, and landscaped areas, as well as related activities and uses. 8. No relocation or expansion of the on-site sewage disposal system shall occur. Connec~on to the public sanitary sewer system shall be required. 9. A storm water management plan will be required at the expense of the property owner to determine the most effec~ve manner of dealing with stormwater on-site consistent with applicable federal, state and local regulations. Adopted by City Council 2114194