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HomeMy WebLinkAboutOrdinance No. 19993ORDINANCE NO. ~ ~t~1~i3 AN ORDINANCE AMENDING EXHIBIT A TD ORDINANCE N0. 19952 AMENDING THE BETHEL-DANEBG REFINEMENT PLAN. The City Council of the City of Eugene finds that: 1. Qn September 2,1993, Graville Properties applied far an amendment to the Bethel-Danebo Refinement Plan, which requested that a five acre parcel designated neighborhood commercial be expanded to 15 acres of community commercial designation. 2. 4n January 31,1994, the City Council held a public hearing on the proposed plan amendment and the Council determined that the Bethel-Danebo Refinement Plan should be amended to allow the expansion to 15 acres, but retain neighborhood commercial designation far the entire 15 acres. Grdinance No. 19952, adopted by the Council and approved by the Mayor on January 31, 1994, effected that amendment to a portion of the Plan, a proposal for the Barger-Beltline Development Node, but overlooked amending other portions of the proposed language related to increasing the intensity of use from neighborhood commercial to community commercial. 3 Graville Properties appealed the City Council's decision to the Land Use Board of Appeals LUBA). ~. LUBA remanded the decision to the City because the City had failed to include an interpretation of the relevant Metro Plan, Commercial Lands Study, Bethel- Danebo Refinement Plan and Eugene Code, 19?1 provisions relevant to determining "whether the newly adopted refinement plan provision limiting zoning of the subject 15 acres to G4 and C-1 is consistent with the Commercial Lands Study and the newly adopted refinement~plan policy." LUBA directed the City to explain how providing for commercial development of the subject 15 acres at an intensity consistent with C-1 and Ga zoning is consistent with implementation Strategy 19.1 of the Commercial Lands Study and the Bethel-Danebo Refinement Plan Policy. LUBA also directed the City to explain why providing for commercial development in that manner is consistent with the Metro Plan's descriptions of Community Commercial Centers and Neighborhood Commercial Facilities. Finally, LUBA determined that the challenged decision is a comprehensive plan amendment and required that Goal 9 be addressed. 5. Pages 1 through 11 of Exhibit A to Ordinance Na.19952 contained the original Findings and Conclusions of the City Council related to, and the language of, the Refinement Plan amendment. '~o address the issues raised by LUBA, those Findings and Conclusions, as well as the amendment's language are amended to read as set forth in Ordinance -1 Exhibit 1 attached hereto. 6. Based upon the written record and testimony at the public hearings, the proposed amendment is found to be consistent with the Eugene-Springfield Metropolitan Area General Plan, the Eugene Commercial Lands Study, the unamended portions of the Bethel-Danebo Refinement Plan, and Goal 9. 7. The proposed amendment will not affect the overall land use allocations in the Metropolitan Area General Plan or the Bethel-Danebo Refinement Plan. NqW, THEREFgRE, THE CITY qF EUGENE DOES gRDAIN A5 FQLLgwS: Section 1. The above findings, and the findings in Exhibit 1 attached hereto are adopted. Section 2. Pages 1 to 1 ~ of Exhibit A to ordinance No. 19952 are amended as set forth in Exhibit 1 hereto. Section 3. Except as herein amended, all other provisions of Grdinance Na.19952 and the Bethel-Danebo Refinement Plan remain in full force and effect. Passed by the City Council this ~~ ~"day of ~~ -~~~. ,1994 ~ wF.1.ANU.In.. ~ -~ City Recor er Approved by the Mayor this `day of ~~ ~~ 1994 err ~~nrour.ri.w~, Mayor ordinance - 2 EXHIBIT 1 FINDINGS AND CONCLUSIONS OF THE EUGENE CITY COUNCIL Background The applicant, Windsor Graville, owns property located along the north side of Barger Drive, between Empire Park Drive on the east and Beltline Road on the west. He is requesting an amendment to the Barger-Beltline development node located on the north side of Barger Drive between Highway 99 North and west to Beltline Road. The Bethel -Danebo Refinement Plan, adopted i n September 1982, provided written text, e. g. , policies and proposals, and a graph i c delineation of the development node which contains approximately 99.6 acres. The map on page 11 of the Bethel -Danebo Refinement P1 an provi des a graphi c display of the various proposed land uses for the site. This is supported by written text in the policies for the development node beginning on page seven of the neighborhood plan . The map depicts five acres of commercial located nearest the intersection of Barger Drive and Beltl ine Road surrounded by approximately 1fi acres of high- dens~ ty res~ dents al and the balance of the site extending east having approximately 11 acres of med i um-density residential . The applicant is proposing to expand the commercial portion of the node to 15 acres, maintaining the same basic configuration and location. The proposed commercial uses would be oriented near the corner of Barger and Beltline Road. Adjacent to this would be the 1fi acres of high -density residential and the remainder of the site, approximately 68 acres, would be designated for medium- density residential. The vicinity map attached with the applicant's statement provides a reasonable del~neat~on of the proposed 15 acres of commercial. In November 1992, the Eugene Planning Commission granted approval to the applicant's request for classification of the subject refinement p1 an amendment as a minor amendment. At this time, the Active Bethel Citizens neighborhood organization was notified and responded with written comment. That letter is an attachment to this record. Timing of the applicant's reclassification request was felt to be appropriate based on necessary design and approval of the Barger- Beltline interchange by the .Oregon Department of Transportation. However, the design was not f~nal~zed within the 9o-day time line after the commission's consideration and the approval expired with an application not having been submitted. The applicant's representative, Mr. David Pedersen, resubmitted the request for classification of the proposed change to the refinement plan. On June 1, 1993, the Eugene Planning Commission again approved the c] assi f i cati on of the refinement plan request as a minor amendment . On September 2, 1993, the application for an amendment to the Bethel Danebo Refinement P1 an for the Barger- Bel tl i ne development node was submitted to the Permit and Information Center. On October 7, 1993, notice of the request was mailed to the interested parties list, including the Active Bethel Citizens neighborhood organization; Greg Mott, Spry ngf ~ el d P1 ann ~ ng Department; Roy Burns, Eane County Planning Di rector; and the .Oregon Department of Transportation. Also, on October 1, public hearing note ce was may 1 ed to owners and occupants within 404 feet of the affected area. Written information has not been received from the Active Bethel Citizens neighborhood organization or from property owners in the vicinity of the request. Exhibit 1 Page 1-- Findings and Conclusions of the Eugene City Council I~ri tten comments received after October 22, 1993, will be given tv the Pl anni n 9 Commission at its study session on November 1 or at the public heari n on November 2 1993. g land use and zoning adjacent to the area subject to this request is basicall y divided between residential and commercial. Currently, the subject pro ert is P y vacant and i s zoned RA/Suburban Residential . This zoning district al sa extends north of the site between Highway 99 on the east and Bel t1 i ne Road on the west. This area was subdivided in the 70's and early 50's; however, the develo ment on individual lots ~ ~ ~ P ~ s sty 11 occurring. The subd~ v~ s~ ons ~ n the s area are characterized by single-family dwellings with an occasi anal duplex on the carver of two public streets. The exception is the parkland extending into the subject area from the north . ~ ~ Thy s area ~ s composed of approximately f ~ ve acres and ~ s in the ownership of the City of Eugene and designated for park purposes, At this time, there ~s not a schedule for development of this public space. Immediately to the west is Belt1ine Raad, Beyond to the west is low-densit y residenti a1 north of Barger Drive. South of this street and immediately west of Bel t1 i ne Road i s Bethel Danebo E1 ementary School . Law-density residential development extends south and west of the school. South of the develo ment site P extending from Belt1 ine Raad east to Highway 99 ~s cammerc~al and law-densit res~dent~al uses. Th • y e Echo Hollow shopp~ ng center ~ s located ~ n the ~ mmed~ ate corner of Barger Drive and Beltline Raad, extending east to Echo Hollow, This area i s currently zoned C-1 Neighborhood Commerci a1 and consists of approximately 9.5 acres . Extending east of Echa Hol l aw and south of Barger Drive to Em ire P Park Drive i s an area characters zed by single- farm 1 y dwel 1 i ngs with an occasional duplex on the corner of two public streets, Immediately along the east boundary of the development site is Empire Park Drive. Between this street and Highway 99 North is Tax Lot 3601 which is zoned PL Public Land} and is currently a pond. Tax Lot 3500 is located an the immediate corner of Bar er Dry ve and Em ~ re Par ~ g • p k Dri ve. Th ~ s s ~ to ~ s zoned RA/Suburban Res ~ dent ~ a1 and ~ s currently developed with low- density residential. Extending south of Bar er Dry ve al an the • g g , west side, of N~ghway 99 North ~ s C-2, General Commerci al zoning assoc~ ated w~ th the exi sty ng str~ p Commercial development. Immediately north of the subject area along Highway 99 North are a few single-family dwel l i n s havi n street acces ~ ~ g g s associated with the subd~vis~ons created ~n the l0 s and early 80's~, located north of the subject request. However, slang the west side of Highway 99 and north of these residences i s property zoned C-2 and develo ed with autamobi 1 e-ori P ented uses, ~ , e, equ ~ pment rental . East across Highway 99 ~ s a 1 arge area zoned I -3 Heavy Industrial District and i s level aped wi th a vari et y of industrial uses. Additional background addressing the various tax 1 of make-up of the develo ment P site, including sizes, ownership, and other general information about the area ~ s presented ~ n the applicant's statement attached to this review. Evaluation of the Refinement P1 an Amendment The request for an amendment of a ref i nement p1 an must address the cri teri a contained in Section 9.145 of the Eugene Code. The applicant requested an a~end~ent to the text and the proposed l and use diagrammatic des i nation for the g Barger-Bel tl ~ ne level opment Wade ~ n the Bethel Danebo Ref ~ nement P1 an ado ted Se tember 13 1952. P p The applicant's statement, Section II on pages 1, 2, 3, and 4 presents background addressing history far adoption of the Bethel -Danebo Refinement Plan, and how the Eugene Commercial Lands Study integrates into the Exhibit 1 Page 2 -- Findings and Conclusions o~ the Eugene City Council neighborhood plan and the Metropolitan Area General Plan with particular emphasis an Policy 19, Section II, pages 22, ~3 and 24 of the Commercial lands Study. Text and related map for the Bel tl i ne-Barger development node begins on page 7 and extends through page 11 of the Bethel -Danebo Refinement Plan. Background and findings are presented on pages 1 and 8. Recommendations addressing policies and proposals far the development node are located on pages 8 through 10, On page 11 is the map,del ineating proposed land uses and acreage. The analysis for the appl ~ cab1 a cry tern a pert i Went to a ref i nement plan amendment includes addressing specific changes to the text and the map on pages 8-11 for the development node. Based an the information , avai 1 ab1 a and the criteria far evaluation of an amendment to a ref i nement plan, the City makes the following conclusions . Section 9145 ~2~.,,,~,a) : The p1 an amendment i s consistent with the Metropa]I~~ tan Area General P1 an. The proposed map and text changes to the Bethel-Danebo Refinement P1 an are prompted by Policy No. 19 of the Eugene Commercial Lands Study, which calls for consideration of additional commerci a1 1 and i n the West Eugene Subarea to accommodate both neighborhood commercial needs and those of the larger community. The policy provides only far "consideration" of additiana] commercial lands to accommodate the needs described i n the policy. The policy i s, therefore, not mandatary but discretionary, The Neighborhood Plan text changes that are proposed are intended to reflect some of the recommended changes and to correct portions of the text affecting other portions of the development node where circumstances or facts have changed. The Commerc i a1 Lands Study was adopted as a "refinement p1 an" to the Metropolitan Area General P1 an i n 1992. These proposed changes are therefore consistent with the Metropolitan Area Plan because it has been "refined" by policies and recommendations of the Commercial Lands Study. Implementation Strategy 19.1, which was not adopted as pot i cy, calls for consideration of expanding the commercial site from five to fifteen acres to serve both neighborhood commercial needs and as a community commercial center. implementation Strategy 19.1 i s only a pass i b1 a way to implement the policies and was not itself adopted by the City Council. CLS III-1; App-~9. Further, the Impl ementati an Strategy only calls for "consideration" of an expansion to serve the commercial needs identified. The strategy is not mandatary. Of possible interest i s the language i n Implementation Strategy 19.1 of the Commercial Lands Study which states that the recommended commercial expansion should occur after the intersection improvements Barger-Bel tl i ne} are made. Applicant intends to "track" w~ th the ~ ntersect i on improvement schedule which now cal 1 s for an interchange to be started i n the first hal f of 1994. The interchange design i s now known and features a "diamond" type design with Barger Drive crossing aver Bel tl i ne. The proposed text and map changes affect only the refinement plan designation for the area. Assuming these changes are approved, applicant must come back 1 ater to obtai n a zone change and wi 11 nat do so unti 1 a contract i s awarded far construction of the interchange. In addressing the direction and consistency of the Metropolitan Area General Exhibit 1 Page 3 -- Findings and Conclusions of the Eugene City Council neighborhood pi an and the Metropolitan Area General Pi an with particular emphas i s on Policy 19, Section II, pages Z2, 23 and 24 of the.Commercial lands Study. Text and related map for the Beltline-Barger development node begins on page 7 and extends through page I 1 of the Bethel -Danebo Refinement Plan . Background and findings are presented on pages 1 and 8, Recommendations addressing pot i c i es and prapasals for the development node are located on pages 8 through 1a. On page 11 i s the map delineating proposed 1 and uses and acreage. The analysis for the appl i cab1 a cri teri a pertinent to a ref i nement plan amendment includes addressing specific changes to the text and the map on pages 8-11 for the development node. Text changes wi 11 i nc1 ude deletions by a dashed 1 i ne and additions by a sal i d underline. Based on the information avai 1 abl a and the criteria for eva1 uati on of an amendment to a refinement plan, the City makes the following conclusions. Section 9. I45 2 a : The plan amendment i s consistent with the Metropolitan Area General Plan. The proposed map and text changes to the Bethel -Danebo Refinement Plan are prompted by Pal i cy No. 19 of the Eugene Commercial Lands Study, which calls for cansideration of additional commercial land in the West Eugene Subarea to accommodate both neighborhood commercial needs and those of the larger community. The pot icy provides only for "consideration" of additional commercial lands to accommodate the needs described i n the pal i cy. The policy i s, therefore, not mandatory but discretionary. The Neighborhood P1 an text changes that are proposed are intended to ref 1 ect some of the recommended changes and to correct portions of the text affecting other portions of the development nude where circumstances or facts have changed. The Commerc i a1 lands Study was adopted as a "refinement p1 an" to the Metropolitan Area General P1 an i n 1992. These proposed changes are therefore consistent with the Metropolitan Area P1 an because i t has been "refined" by pal i ci es and recommendations of the Cvmmerc~ a1 Lands Study. Implementation Strategy 19.1, which was not adopted as policy, calls for cansideration of expanding the cammerci a1 site from five to fifteen acres to serve both neighborhood cammerci a1 needs and as a communi ty commercial center. Implementation Strategy 19.1 i s only a possi b1 a way to implement the pot i ci es and was not itself adopted by the City Council. CLS III-1; App-29. Further, the Implementatian Strategy only calls for "consideration" of an expansion to serve the commercial needs identified . The strategy i s not mandatory. Of possi bl e interest i s the language i n Implementatian Strategy 19.1 of the Commercial Lands Study which states that the recommended commercial expansion should occur after the intersection improvements ~ Barger-Bel tl i net are made. Applicant intends to "track" with the ~ntersect~an improvement schedule which now calls for an interchange to be started in the first half of 1994. The interchange design is now known and features a "diamond" type design with Barger Drive crossing over Beltline. The proposed text and map changes affect onl y the refinement plan designation far the area, Assuming these changes are approved, applicant must come back 1 ater to obtai n a zone change and wi 11 not do so unti 1 a contract i s awarded far canstructi on of the interchange. In addressing the direction and consistency of the Metropolitan Area General Exhibit 1 Page 3 -- Findings and Conclusions of the Eugene City Council Plan, Bethel-Danebo Refinement Pi an, and the Eugene Commercial lands Study, the staff is recommending the following text and map changes. The following text is from the Bethel -Danebo plan for the Barger-Bel tl i ne development node. Proposed changes t4 the text and map for the development node are based on information, policies, and strategies developed since adoption of the Bethel -Danebo Refinement P1 an i n 1982 ~ i . e. , Eugene Cornmerci al Lands Study . Changes may also occur that address current and more precise information ~i.e., total size of the nodes and text errors ~i.e., page numbers. B. Baraer-Beltline development node The Barger-Bel tl i ne level apment node involves approximately 99 acres of land, which includes 15 acres of commercial, 1fi acres of high-density residential , and fib acres of med i um-density residential ~ see map on page 11~. High-density residential development exceeds a density of 24 units per acre, as opposed to medi um-density residential , which has a dens i ty of between to and 20 units per acre. It was recognized that, based on future population needs, medium- and high-density allocations shown on the diagram may not be needed in the near future; however, specific sites should be protected to meet the future long-range needs. In its review of this development nude, the plan provides far 15 acres of commercial property north of Barger Drive and adjacent to 9 acres of existing commercial zoning and development now located on the south side of Barger Drive at its intersection with Bel t1 i ne Road. The logic for this 1 ocati an i s based on i nventari es of existing commercial development in the area by the adopted Eugene Commercial Lands Study. Community Commercial zoning and development i s located i n the strip commercial area along Highway 99 North, extending from Roosevelt Boulevard continuously north to within a few hundred feet south of Barger Drive. Much of this commercial land has been developed to a high intensity; however, located sporadically in this area are vacant ar underused parcels. The proximity of the commercial development along Highway 99 North, beginning south of Barger Drive, i s approximately three-quarters of a mi 1 e east from the existing commercial development located at the intersection of Barger Drive and Bel tl i ne Road. Pot i ci es set forth by the Metropolitan Area General P1 an are intended to discourage strip commercial patterns . Proposed and existing high-density residential area in the northwest portion of Eugene Bethel-Danebo area} is limited to the proposed 1fi acres of high-density residential use a1 l ocated for the Barger-Bel tl i ne development node. The bat once of this node, or approximately fib acres, would be set aside for medium-density residential development. Med i um-density housing i n the Bethel -Danebo area i s 1 i mi ted to level apment i n and around the Gi 1 Bert Shopping Center, which i s located i n the immediate vicinity of Fairfield Street and Highway 99 North. A number of multi -family housing developments have taken place, such as Sorgenfri , Sorgenfri Nord, Landsby Place, and Sol vang. These projects and other medium-density residential development existing in the Bethel Danebo area are basically confined to approximately 11 acres. Wi thl n the stri p commercial area along Highway 99 North are a few older motels which have kitchen foci] ittes, allowing weekly and monthly accommodations. The distance between the Barger-Beltl ine development node and the medium- density residential node located near Fairfield Street and Highway 99 Exhibit ~ Page 4 •- Findings and Conclusions o~ the Eugene City Council North is approximately two miles. The Barger-Beltline development node, as proposed, would provide a good balance in commercial and medium-density residential uses with existing and proposed commercial areas and mul ti p1 e- family housing throughout the Bethel-Danebv area. The map on page 4 notes the 1 ocati ons of the vari aus commerci al -residential Hades, existing or proposed, providing a visual distribution of these areas. Additional support for these 1 and-use al 1 acati ons i s found i n the Technical Summary of the Metro Plan. In conjunction with the technical data, The Metropolitan Area General Plan provides specific criteria for the al 1 ocati on and 1 ocat i on of the various commercial and residential development nodes . These criteria relate to the prime factor of population being a resource far an equitable distribution and bat once of commerci a1 1 and and industrial sites. A complete range of urban services provided additional criteria for identification of this commercial-residential development node. Transportation improvements are required prior to full development of the Beltline-Barger development node. Improvements to the Barger-Beltline interchange are a f uncti on of the Oregon Department of Transpartat i on . Other improvements will be necessary for Barger Drive east of Beltline Road beyond the contractual 1 imi is associated with the interchange improvements. The development of the node will require other traffic improvements. These include additional turn lanes on Barger Drive and Echo Hol 1 ow Road when the node i s developed and shall be addressed by the City. Street improvements can be assessed with development of the node. The intensity far proposed services within the commerci a1 area i s dependent on the amount of 1 and al 1 acated for commercial use, the amount of residential area to be served, and specific uses allowed for i n the various commercial categories of the Eugene Cade . RECOMMENDATIONS: BARGER-BELTLINE DEVELOPMENT NODE Policy: A commercial/residential Wade, involving I5 acres of neighborhood commercial , I6 acres of high-density residential , and 68 acres of medi um- densi ty residential shall be level aped at the northeast corner of Beltline Road and Barger Drive see map on page 11}. After completion of improvements to the Barger-Beltline interchange and Barger- Echo Ha11 ow intersection, al 1 ow development of the commercial site at the northeast corner of Barger Drive and Beltline beyond the present size of 5 acres to a total of up to I5 acres to serve ne i ghbarhood commerci a1 needs. The commerci al -residential development node wi 11 consist of I5 acres of neighborhood commercial , 16 acres of high-density residential , and 68 acres of meth um-density residential see map on page 11}. Pro osal s: 1. Public or private egress and ingress shall not be al 1 owed a1 ong the north side of Barger Drive between the west margin of Echo Ho11 ow Road i f extended north of Barger Drive and the east margin of Bel t1 i ne Road . Exhibit 1 Page 5 -- Findings and Conclusions o~ the Eugene City Council This recommendation is based on the existing adverse situation created by the private egress and ingress curb cut} for Echo Hollow Plaza development 1 ocated south of Barger Drive and west on Echo Hallow Road . Terminating a1 ong the northerly boundary of the development node are four streets, Cubit Street, Wagner Street, Mangan Street, and North Clarey Street. It i s assumed that these streets will extend into the development node site. Cubit street is likely to extend south to the present intersection of Barger Drive and Echo Hollow Road and North Clarey Street i s 1 i kely to extend south through the area creating an intersection with Barger Drive at Taney Street. The location/type of intersection can best be resolved based on knowledge of future development of the development node, Twa other streets, Mangan and Wagner, wi 11 1 i kely connect into Cubi t Street and North Clarey Street before intersecting with Barger Drive. 2. It appears appropriate that public and private access for the development node should be limited to the extensions of Cubit Street and North Clarey Street. Future development design of the area can use these two public rights -of -way without jeopardizing site design considerations . The only exception would be the small tax lots, 3500 and 3501, located at the extreme southeast corner of the development Wade, Barger Drive is a minor arterial right-of-way providing athrough-traffic carrier between Highway 99 North and development to the west. 3. Development of the special study area should use the two public streets recommended for extension through the subject area from the north. Restricting private driveway ar street access directly onto Barger Drive will minimize additional controls for Barger Drive. 4. In an effort to minimize through traffic and reduce adverse speed conditions on these two future rights-of -way, both Cubit Street and North Clarey Street should be located so as not to provi de a strai ght/direct route from their present terminus south to Barger Drive. an indirect street network would provide adequate and appropriate access for residential development. The purpose of such a street i s to avoid adverse effects on existing and future residential living environment. 5 ; The City of ,Eugene should continue efforts to deve1 op the existing f ~ ve-acre park s~ to north of the sub3ect area, west of Mangan Street, and south of Wagner Street. In keeping with the existing Bethel -Danebo Refinement Plan, and i n 1 i ght of future medium- and high-density residential development, such public open ,space will be needed to accommodate future population in the ~ mmed~ ate area. The nearest public open space i s associated with Willamette High School and the City-owned Echo Hollow swimming pool, bath fronting Echo Hollow Road south of Barger Drive. Presently, these fac~l~t~es and future plans do not provide for the open space needs associated with the compact residential development scheduled north of Barger Drive. It should also be noted that the Willamette High School/Echo Hollow Pool camel ex i s south of Barger Dri ve, a mi nor arteri a1 which can be difficult to cross. Exhibit 1 Page 6 -- Findings and Conclusions of the Eugene City Council 6, Commerci a1 development should be at an intensity or 1 evel of use consistent with General Office ~Ga~ or Neighborhaad Commercial ~C-1~ zoning. 1. Effective screening, berms, or landscaping should be provided along all arterials 4 -Bel t1 i ne Road, Barger Drive, and Highway 99 North- - i n an effort to minimize existing and future negative impacts from these arterials. Berming is not necessary between commercial uses and arterial streets . 8. A profile of existing residential development should be considered. Understanding that future residential level opment wi 11 be medium and high density i n nature, 1 east dense development i n the development node study area, shout d occur near existing si ng1 a-farni ly developments with higher dens ~ t~ es closer to Barger Drive. Appropriate setback and screening must be considered between Barger Drive and proposed develapment within the study area. 9. Require new medium-density residential development in the Barger- Bel t1 i ne develapment node area to achi eve a mi nimum density 1 evel of to dwell i ng units, per acre, and new h i gh-density residential level opment to achieve a m~n~mum density level of 15 dwelling units per acre. If a future citywide code amendment establishes different minimum density levels than are established i n th ~ s plan, the 1 evel s established i n the code will take precedence. lo. A mixture of housing types should be considered. 11. Development options should be considered, including the establishment of phase 1~nes based on a comprehensive plan for the area. The study area contains approximately BOO acres. Such a development would not be within the feasi bi 1 i ty of a s i ngl e, small developer. 1 ~ . At the time of rezoning, app1 y the PD, P1 anned Unit Development Subdistrict to the vari aus proposed land uses i n the development node: commercial , high-density residential , and medium-density residential . A subdistrict is being applied to ensure compatibility and sensitivity between the proposed, land uses in the development node and the existing surround ~ ng 1 ow-dens ~ ty res ~ denti al development . The following shall be addressed through the PUD process . A. Develop a comprehensive street network, B. Adequate provision for public pedestrian, bicycle and transi t circulation among bui,l di ngs and ref ated uses on the development site as well as with adjacent and nearby residential areas, transit stops, neighborhood activity centers such as commercial areas, including office parks and i ndustri a1 parks . At a mi n i mum, "nearby" i s interpreted to mean uses within 1/4 mi 1 e which can reasonably be expected tv be used by pedestrians, and uses wi thi n ~ to 2 mi 1 es which can reasonably be expected to be used by bicyclists. C. Encourage a variety of dwell ing types, heights, and setbacks D. Recognizing existing low-density residential development along all parameters of the development node, including that area south of Barger Drive, design consideration for future development shall Exhibit ~ Page 7 -- Findings and Conclusions of the Eugene City Council include sensitivity with respect to bulk, scale, setback and 1 andscapi ng. Provide adequate and attractive buffering between the development node and the existing surrounding 1 ow-density res ~ dent ~ a1 development and within the development node between proposed commercial and residential . E. Access shall not be provided along Barger Drive in an area between Beltline Raad east to Echo Hollow i f extended north of Barger Drive. Access for development east of Echo Hollow will be encouraged and based an an overall street network to minimize direct access to Barger Drive. F. Provide a vi sua1 enhancement uti 1 i zi ng 1 andscapi ng along existing streets: Beltline Road, Barger Drive, Empire Park Drive, and Highway 99 North. 13. Changes in zoning reflecting proposed land uses in the development node shall nvt occur unti] after a contract has been awarded for improvements to the Bel tl i ne/Barger interchange and the intersection of Barger and Echo Hollow Road. The Metropolitan Area General Plan, as refined by the Commercial Lands Study, provides policy direction for considering an increase of 5 acres to 15 acres far commercial designation i n the Barger-Beltline development node . Considerations include the policy for the subject level opmen~t node as described by the West Eugene Subarea beginning on page IlI-22 of the adopted Eugene Commercial Lands Study. The establishment of the specific zoning districts wi 11 be processed through subsequent public hearing and define conditions far site development, addressing the recammendat i on of a p1 anned unit development subdistrict . Section 9.145 2 ~ b~,: The plan amendment i s consistent with the remaining ports ons of the refinement p1 an adopted Bethel Danebo Refinement Pl and . The proposed changes to the text put forward by the app1 i cant are intended to make the Bethel -Danebo P1 an internally consistent with respect to policies for the Beltline-Barger development nude. The Bethel -Danebo Refinement P1 an i s the governing plan for the subject area and was adopted by the City Council on September 13, 1982. The proposal provides a development node of commercial , high-density resi denti a1, and medium-density res~dent~a1. Text for, the Barger-Belt1 ine development node provides background and recommendat~ ons ~ ncl ud~ ng pal i cy and proposals . The proposed change indirectly affects only the amount of proposed commerci a1 and medium-density res~denti al . The med~ um-dense ty residenti a1 wi 11 be reduced by approximately to acres corresponding to the additional 10 acres added to the proposed commercial area, The ,proposed high-density residential will remain at approximately lfi acres . Bas ~ c conf ~ gurat ~ on for the various zoning districts as depicted on the map on page 11 of the neighborhood plan will not change dramatically. The proposed commercial will be oriented toward the south and west portion of the site, adjacent to Barger Drive and Beltline Raad. This area, i n turn, wi l l transition into high-density residential and to medium-density residential to the east, which will encompass a majority of the proposed development node. The proposed changes to the text and the map for the subject area are intended to enhance the 'quali`ty of the proposed development, recognizing the existing surraund~ ng res~dent~ a1 and commerci a1 level vpment. Exhibit 1 Page 8 -- Findings and Conclusions of the Eugene City Council In conclusion, the proposed text and map changes by the staff are based on the applicant's request that an additianal 10 acres of commercial is consistent with the recommendations, including pal i ci es and proposal s adopted for the development node by the City Council in September 1982 and by the adapted Eugene Commercial lands Study. Although an increase i n intensity of development to allow community commercial type development i s "recommended" i n the Commercial Lands Study, i t i s onl y a recommendat i on and the City chooses to increase the size of the parcel but to maintain the neighborhood commercial designation. Sect ~ o ,,, .__ ', n„ 9.1,45~2~,~c} : The plan amendment i s found to address one or more of Ithe ~fo]~ll~owi ng: ~. An error in the pub] ication of the p1 an; 2. A change i n circumstances i n a substanti a1 matter not anticipated i n the p1 an; 3. Yncorporati on i n the p1 an of new inventory materi a1 s which relates to a statewide goal; and 4. a change in public policy, The amendments related to the Bel tl i ne-Barger development node address two of the four criteria 1 i steel above. 1. Incorporation in the plan of new inventory materials which relates to a statewide goal. The completion and legislative adoption of the Commercial Lands Study is based upon a finding that the West Eugene Subarea, which contains the Bethel -Danebo Area i s expected to roughly double i n population between the years 1988 and 2010 from 28,090 to 54,420, the largest such growth area in the city. See Table 5, page III-14, Commercial Lands Stud . In addition, the West Eugene Subarea contains the 1 argent amount of undeveloped commercial 1 and and the most potential for additianal 1 ands t~o be designated commercial Mpg III-22, Commercial Lands Stud ~. Upon examination, the vast majority of the undeve1 aped commercial 1 and i s located near the Beltline-West 11th intersection, well outside the Bethel- Danebo nei ghborhaod. In addition, four of the undevel aped sites i n the West Sub-area are affected by the presence of wetlands, thereby reducing the effective acreage available for use. The Commercial Lands Study i s new, corrected, or refined inventory information which relates directly to Statewide Planning Goal 9, Economy of the State and to the Industrial and Commercial Planning Administrative Rule found in OAR 660 Division 9. 2. A change in public policy. The Eugene Commercial Lands Study was legislatively adopted in 1992. Because of this, and because the study was adopted as a ref i nement to the Metropolitan Area P1 an, the pot i c i es found i n the study are public policy and represent a change i f they differ from alder pot i ci es ar plan implementation strategies, Far example, the Metro Plan provides that a Neighborhood Commercial Facility site "shall be no more than 5 acres, including existing commercial development." The Commercial Lands Study, however, provides the following for Neighborhood Commercial designations: "The Metro Plan Exhibit 1 Page 9 -~ Findings and Conclusions of the Eugene City Council provides minimum 1 ocati an standards and site criteria. Sites not shown on the P1 an diagram are enerall five acres in size or less." The city has designated several Neighborhood Commercial sites that are greater than 5 acres in size. The site directly to the south of the subject property, far example, is a site greater than 9 acres and zoned C- 1. The Commercial lands Study recognized that Neighborhood Commercial sites were, sometimes, greater than 5 acres and changed the pot icy in the Commercial lands Study to reflect that fact. The Metro Plan has been refined by the policy adopted in the Commercial Lands Study. The text and diagram amendments to the Bethel-Danebo Refinement P1 an are necessary to make the refinement plan consistent with the Commercial lands Study, a porn on of the Metro P1 an . In addition, the proposed amendments conform with the criteria specified i n Section 9.145 of the Eugene Code. Como1 i once With Gaal 9 In 1983, the Oregon legislature passed land use legislation requiring LCDC to adopt a, method of ensuring that 1 ocal plans provide enough 1 and for future ~ndustr~al and commercial development. In 1981, LCDC adopted the Goal 9 administrative rule. In response to Gaal 9 and DAR 660-09-000 through 660-09-025, requiring cities to evaluate whether the supply of commercial 1 and meets 1 vcal community economi c objectives, in February 1989, an intergovernmental staff team began work vn the Commercial Lands Study. The study was completed over a period of approximately 3 years ,with significant input from cammun i ty members, local civic groups and professional consultants. The Eugene City Counci 1 adapted the Eugene Commerci a1 Lands Study on May 11, 1992 as a refinement of the Metro Plan for the Eugene portion of the Urban Growth Boundary. The Eugene Commercial lands Study serves as a framework for compliance with Goal 9 and the Goal 9 rule and is consistent with the Statewide Planning Goals. The Commerci al lands Study i ncl udes a Commerci al Bui 1 dabl a Land Inventory. It identifies the avai 1 abl a vacant commercial 1 ands as of 1989. The study defines "commercial 1 ands' as parcels either designated commercial under the Metro P1 an or zoned commercially. As of January 1989, the commercial buildable land inventory for the Eugene urban growth boundary was 505 acres. The total vacant commercial land i n the West Eugene subarea, i n which the Bethel -Danebo neighborhood i s located, i s 202 acres, the 1 argest inventory of vacant commerci a1 bui 1 dabl a land i n the city. The West Eugene subarea contains 40 / of the city's entire inventory of vacant commercial bui 1 dabl e i and. Of the city's vacant commercial parcels over 10 acres in size, 80% of them are in the West Eugene subarea. The Commercial Lands Study found a forecasted demand in Eugene for 109 acres of developable office land and 423 acres of non-office commercial land for a total of 532 acres by the year 2oI0. Based on the study's assumptions of haw the demand for Commerci a1 1 and wi 11 be met, and given the adjusted supply data collected, the supply of vacant commercial 1 and X702 acres exceeds that of the demand X532 acres. Exhibit 1 Page ~0 -- Findings and Conclusions of the Eugene City Council Gvai 9 requi res the provision of adequate opportunities throughout the state for a variety of econami c activities vi tat to the health, welfare, and prosperity of Oregon's citizens. Comprehensive plans shat 1 cantai n poi i ci es concerning the economic development oppartuni ti es i n the community and provide for at 1 east an adequate supply of sites of sui tabs a sizes, types, 1 ocati ons and service 1 evel s for a vari ety of i ndustri a1 and commercial uses consistent with plan policies. The Goal also requires that plans should strongly emphasize the expansion of and increased productivity from existing industries and firms as a means to strengthen local and regional ecvnomi c devei opment . The proposed amendment uses the inventory and i nformat i an provided i n the Eugene Commercial Lands Study and implements the policy calling for additional cammerc i a1 1 and i n the west Eugene Subarea to amend the Bethel -Danebo Refinement Pi an to expand the existing 5-acre commercial site to 15 acres. The proposed amendment i s, i n no way inconsistent with the Goal 9 provi si ons . CONCLUSIONS FOR THE REFINEMENT PLAN AMENDMENT The above analysis shows that the decision to amend the text and map for the Barger-Bel t11 ne development node ~ n the adapted Bethel -Danebo Refinement Pi an to allow an increase from 5 acres to 15 acres for commercial use i s consistent with the criteria far a refinement plan amendment. The decision is supported by poi i cy i n the Metropo1 i tan Area General P1 an and i n the adopted Eugene Commercial Lands Study. Exhibit 1 Page 11-- Findings and Conclusions of the Eugene Ciry Council