HomeMy WebLinkAboutOrdinance No. 20098ORDINANCE NO. a o ~ 9 ~
AN ORDINANCE AMENDING THE EUGENE-SPRINGFIELD
METROPOLITAN AREA GENERAL PLAN DIAGRAM AND
THE WILLOW CREEK SPECIAL AREA STUDY DIAGRAM
TO REDESIGNATE PROPERTY IDENTIFIED AS MAP 17-04-
33-33, TAX LOTS 704 AND 800 (wESTEC SITE} FROM
LIGHT-MEDIUM INDUSTRIAL TO COMMERCIAL, AND
REZONING THE PROPERTY FROM I-2, LIGHT MEDIUM
INDUSTRIAL TO C-21SR, GENERAL CONIlVIERCIAL WITH
SITE REVIEW SUBDISTRICT.
The City Council of the City of Eugene finds that:
A. On June ~, 1997, APC, Inc. submitted an application for a Type II Metro Plan
diagram amendment, concurrent automatic amendment to the Willow Creek Special Area Study
refinement plan}, and concurrent zone change to redesignate and rezone property identified as Map
17-04-33-33, Tax Lots 700 and 800, referred to as the Westec site, from Light-Medium Industrial
to Commercial.
B. This proposal came to the City of Eugene for action pursuant to procedures for
amendment and refinement of the Metro Plan described in the Metro Plan and Chapter 9 of the
Eugene Code,1971 ~EC~, which establishes the Eugene City Council as the approval body for Type
II Metro Plan diagram amendments located within the incorporated city limits of Eugene.
C. On June 13, 1997, the Metro Plan amendment application was referred to Lane
County and the City of Springfield, and referral notice of the application and public hearing
information was mailed to the Churchill Area Neighbors.
D. On July 15, 1997, notice of the hearing was mailed to the owner of the property
subject to the amendment, and to owners and occupants of property within 300 feet of the subject
property.
E. On July 15,1997, notice of the hearing was published in the Eugene Register~Guard.
F. On July 11,199?, the proposed amendment and notice of the City Council hearing
on the amendment was mailed to the Oregon Department of Land Conservation and Development
as required by ORS 197. G 10. No comment was received in response to the notice.
G. On August 5,1997, the Eugene Planning Commission held a public hearing on the
request. As per EC 9.130, the Planning Commission hearing was the sole evidentiary hearing on this
application, and all evidence in support or opposition to the proposed amendment had to be
introduced at the Planning Commission hearing. Testimony in support and in opposition to the
Ordinance -1
proposed amendment was provided and the written record was held open for two weeks, followed
by an additional third week far response from the applicant.
H. The Planning Commission met on September S and 9, 1997 to deliberate on the
request. At the conclusion of its September 9,1997 meeting, the Commission was unable to obtain
a majority of votes to support a specific recommendation to City Council. The Commission did
direct staff to draft a set of possible site review criteria to be forwarded to the City Council. an
September 22,1997, the Commission supported sending a set of draft site review criteria for City
Council consideration in the event the Council wished to approve the request and to consider the
establishment of a site review subdistrict as part of the rezoning. ~n1y one of the site review criteria
would apply to the wester site if the site were developed as a hotel; all the site review criteria would
apply to the wester site if it were developed for any other commercial use.
I. Cn September 26,1997, notice of the Eugene City Council hearing was mailed to the
applicant, neighborhood association and those who had requested to be placed on the Interested
Parties list for the Metro Plan amendment. On October 14,1997, notice of the rescheduled hearing
was sent to those who received the September 26,1997 notice.
J. The Eugene City Council held a public hearing on the request on October 27,1997,
followed by work sessions on October 29 and November 10,1997 and is now ready to take action
on the requested amendment. The City Council hearing was on the evidentiary record created before
the Planning Commission.
K. Evidence exists within the record and the findings attached hereto that the proposal
meets the requirements of Chapter 9 of the Eugene Code,1971, and the requirements of applicable
state and local law.
NUW, THEREFGRE,
THE CITY GF EUGENE DGES ORDAIN AS F4LL~wS;
Section 1. The above findings, and the findings set forth in Exhibit C attached hereto and
incorporated herein by this reference axe hereby adopted.
Section Z. The Metro Plan Diagram land use designation for the property identified as
Map 17-44-33-33, Tax Lots 700 and 840, referred to as the VLlestec site, is amended from Light-
MediumIndustrial to Commercial, as depicted on Exhibit A attached hereto and incorporated herein
by this reference.
Section 3. The Willow Creek Special Area Study land use diagram ~1VIap E}designation
for the property identified as Map 17-04-33-33, Tax Lots 700 and Soo is automatically amended
from Light-Medium industrial to Commercial, as depicted on Exhibit A attached hereto and
incorporated herein by this reference, in conformance with the provisions of EC 9.1364}.
Section 4. The zoning for the property identified as Map 17-04-33-33, Tax Lots 700 and
ordinance - 2
80D, referred to as the wester site, is amended from ~~2, Light-Medium industrial to C-21SR General
Commercial with Site Review Subdistrict, as depicted on Exhibit A attached hereto and incorporated
herein by this reference. Site Review criteria to be applied to this property are provided in Exhibit
B attached hereto and incorporated herein by this reference,
Section 5. If any section, subsection, sentence, clause, phrase, or portion of this
Grdinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
that portion shall be deemed a separate, distinct, and independent provision and that holding shall
not affect the validity of the remaining portions of this ordinance.
Passed by the City Council this
~~
day of November,1997
~'
City Recorder
Grdinance - 3
Approved by the Mayor this
a `f ^ day of November, 1997
EXIIIBIT A:
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METRO PLAN DESIGNATION: COP~MERCIAL
WILLOW CREEK SPECIAL AREA STUDY DESIGNATION: COP~MERCIAL
ZONING: C-2/SR
EXFIIBIT B
MA 97-21Z 97-24
SITE REVIEW CRITERIA, WESTEC SITE
Applicabiiity: The following criteria shall apply to the Westec site Assessors Map 17-04-
33-33, Tax Lots 70o and $00} unless the Westec site should be developed with a hotel, in which
case only criterion 2~I} shall apply.
Criterion 1: In order to encourage pedestrian oriented, commercial services which will
primarily serve the surrounding employment center and residents, the site shall be developed
under the following provisions:
A. No single retail tenant space shall be larger than 25,000 square feet of gross building
area. No single non-retail, commercial use shall exceed 35,000 square feet gross
building area.
Criterion 2: The project design will result in a safe, convenient, and efficient pedestrian-
orienteddevelopment. In order to promote pedestrian orientation and alternative modes of
transportation, the building and site design shall incorporate the following elements:
A. Wherever practicable, the first floors of buildings occupied by commercial or office
uses should face public ways. The use of windows, awnings, arcades and other
architectural elements to reduce the impact of large unbroken facades adj scent to
pedestrian routes shall be incorporated.
B. Buildings shall be oriented to pedestrians arriving by all modes of transportation, not
just the automobile, by locating the primary entrance and windows adjacent to
pedestrian walkways.
C. The project design, including building orientation and setbacks, shall incorporate
areas of public space in order to emphasize and enhance pedestrian activity.
D, Building designs shall avoid long, linear configurations. Pedestrian linkages between
buildings, as well as connections from the street to the buildings, shall generally be
provided every 200 to 400 feet of street frontage.
E. Architectural features to provide protection from the weather, such as canopies,
awnings and covered walkways shall be incorporated where practical. Canopy trees
shall also be incorporated along pedestrian paths to provide adequate shade.
Exhibit B --Page 1 of 2
1t.Rw.L S ! ! "~~1 L.! ! ! ~~"'f
Site Review Criteria, Wester Site
F. Pedestrian-scale lighting shall be provided along pedestrian routes and at transit staps.
G. Pedestrian paths shall be adequately buffered and separated from streets and other
areas of vehicular traffic. Pedestrian paths which cross driveways and parking areas
shall incorporate raised crosswalks or walkways which include a change in paving
materials.
H. Automobile parking shall be oriented predominately behind or under structures.
I. All signs shall be oriented to the surrounding employment center and residents.
Criterion 3; The development will be designed to promote the use of alternative modes of
transportation, thereby reducing potential vehicular traff c-related impacts, by incorporatin the
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following provisions:
A. The total number of parking spaces for the development will not exceed 1 ~a% of the
minimum requirement,
B. The applicant shall provide adequate transit facilities, including transit stations, bus
stops and shelters, as recommended by Lane Transit District.
C. Locate pedestrian routes to provide convenient access to transit facilities on the site,
and to link to transit facilities across Willow Creek to the east of the site.
D, Locate bicycle parking facilities close to building entrances and in areas with good
visibility.
Exhibit B --Page 2 of 2
EXHIBIT C:
FINDINGS IN SUPPORT OF THE ORDINANCE AMENDING THE EUGENE-
SPRINGFIELD METROPOLITAN AREA GENERAL PLAN DIAGRAM,
CONCURRENT AUTOMATIC AMENDMENT OF THE wILLOw CREEK SPECIAL
AREA STUDY DIAGRAM MAP E}, AND ZONING FOR THE WESTEC SITE
MA 92-21Z 97-24, WESTEC
The following findings pertain to the wester site Assessor's Map 17-04-33-33, Tax Lots 700
and 800}. Numbers in bracketed citations refer to page numbers in the Gctober 27,1997 record
packet distributed to the Eugene City Council.
CRITERIA FOR EVALUATING A METRO PLAN AMENDMENT AND
CONCURRENT AUTOMATIC AMENDMENT TO A REFINEMENT PLAN
The following criteria from EC 9.1253}shall be applied by the City Council in approving or
denying a Metro Plan Amendment application;
~a} The amendment must be consistent with the relevant statewide planning goals adopted by
the Land Conservation and Development Commission; and
fib} Adoption of the amendment must not make the Metro Plan internally inconsistent.
EC 9.1364} provides that when a Metro Plan amendment is enacted that requires an amendment
to a refinement plan or functional plan diagram or map for consistency, the Metro Plan diagram
amendment automatically amends the ref nement plan or functional plan diagram or map if no
amendment to the refinement plan or functional plan text is involved.
Based on substantial evidence in the record, the Eugene City Council finds as follows:
Metro Plan Amendment Criterion #1:
EC 9.128 3 a The amendment must be consistent with the relevant statewide lannin owls
ado ted b the Land Conservation and Develo meat Commission.
Goal 1-Citizen Involvement: To develop a citizen involvement progYam that insures the
opportunity far citizens to be involved in all phases of the planning process.
The amendment is consistent with Goal 1 through the City of Eugene4s public notif cation and
public hearing processes concerning Metro Plan amendments.
A Metro Plan amendment application is subject to the public notif cation and hearing processes
adopted by the City of Eugene in EC 9.118 to 9.136. This amendment was considered by the
Eugene Planning Commission and Eugene City Council in public hearings. Notice of these
public hearings was duly published in the newspaper of record, The Register-Guard. Written
hearing notices were also mailed to owners and occupants of properties within 300 feet of the
property, to persons requesting notice, and to the neighborhood association.
The amendment was referred to the City of Springfield and Lane County on June 13,1997, as
required by EC 9.124, however neither jurisdiction chose to participate. Gn June 16,1997, the
Planning Division sent to the Churchill Neighborhood Group a referral notice of the application
and information on the public hearing before the Eugene Planning Commission, scheduled for
August 5,1997. Gn July 3,1997, a Staff Report was mailed to the Eugene Planning
Commission and to affected and interested parties as of that date, Gn July 15,1997, the Planning
Division mailed notice of the Metro Plan amendment public hearing to the applicant and persons
who requested notice, to the ownerloccupant of the subject property, and to all owners and
occupants of property within 300 feet of the subject property, Notice of the Metro Plan
amendment public hearing was published in The Register-Guard on July 15,1997, The Planning
Commission public hearing was held on August 5,1997. Pursuant to EC 9.130, the Planning
Commission hearing was the sole evidentiary hearing on the application,
After taking public testimony at the August 5,1997 public hearing, the Planning Commission
left the record open for two weeks, through August 19,1997, for additional public comments,
followed by a one week period, ending August 26,1997, far response from the applicant.
Following the close of the record on the public hearing, the Commission met on September 8, 9,
and 22,1997, to deliberate on the matter, The Planning Commission deadlocked and was unable
to forward a specific recommendation to the City Council either supporting or opposing the
amendment.
However, the Commission did direct staff to draft a set of possible site review criteria which
could be forwarded to the City Council should the Council decide to attach a Site Review
subdistrict to the Metro Plan amendment application's concurrent zone change request, Gn
September 22,1997, the Commission reviewed and modified a set of draft site review criteria
and supported sending the amended set of site review criteria to the City Council for its
consideration.
Gn July 11,1997, the proposed amendment and notice of the City Council hearing on the
amendment was mailed to the Gregon Department of Land Conservation and Development as
required by ORS 197.610. No comment was received in response to the notice.
Gn September 26,1997, City staff mailed notice of the Eugene City Council hearing scheduled
for Gctober 13,1997} to the applicant, neighborhood association, and those who requested to be
placed on an interested parties list for the Metro Plan amendment. The City Council public
hearing was rescheduled to October 27,1997. Gn Gctober 14,1997, City staff sent notice of the
rescheduled public hearing to those who received the September 26,1997 public hearing notice.
The Council held a public hearing on Gctober 27,1997 and heard argument based upon the
evidentiary record established before the Planning Commission. The Council also met on
Gctober 29 and November 10,1997 to further deliberate on the amendment. Public hearing and
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meeting notices were duly published in ~'he .Register~Guard.
The processes for public involvement and citizen participation established by the Ci of Eu ene
. tY g
and as implemented above, provided ample opportunity for citizen involvement in the Metro
Plan amendment process. The amendment is therefore consistent with statewide tannin Goal
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1.
Goal 2-Land Use Planning: To establish a land use planning process and olio amework as
p y,~'
a basis for all decision and actions related to use of land and to assure an ode uate actual base
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for such decisions and actions.
The amendments to the Metro Plan and Willow Creek Special Area Study plan dia rams are
• ~ .. g
consistent with the Plan amendment provls~ons found in the Metro Plan, as codified in the
Eugene Code SEC 9.1 I5-9.13}. The Metro Plan is an acknowledged comprehensive Ian,
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pursuant to provisions spec~f ed by the Land Conservation and Development Commission.
The amendment, and the process for reviewing the amendment application, follows the
procedures outlined in the Eugene Code and thus conforms with the established land use
planning process, and is consistent with statewide planning Goal 2.
Goal 3-Agricultural Lands: To preserve and maintain agricultural lands.
The subject site does not involve any agricultural land by zoning, Plan designation, or use.
Therefore, this Goal is not relevant and the amendment does not affect Metro Plan com Hance
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with statewide planning Goal 3.
Goal 4-Forest Lands: ~'o conserve forest rands by maintaining the forest land base and to
protect the state's forest economy by making possible economically efficient forest practices that
assure the continuous growing and harvesting of forest tree species as the leading use on forest
land consistent with sound management of sail, air, water, and fish and wildlife resources and to
provide for recreational opportunities and agriculture.
The subj ect site does not involve any forest land by zoning, Plan designation, or use. Therefore,
this Croat is not relevant and the amendment does not affect Metro Plan compliance with
statewide planning Goa14.
Goal 5-Upen Spaces, Scenic and Historic Areas, and Natural Resources: To conserve open
space and protect natural and scenic resources.
Based on information in the Nest Eugene ~Vetiands Plan and the National wetlands Inventory
maps, the subject site does not contain any jurisdictional wetlands or hydric soils. ~Pp. 327«3ZS,
3 3 0] The northern portion of VVestec Business Park does contain a significant wetland area. As
part of the subdivision approval for this business park ~S 95-3~}, the applicant was required to
delineate the wetland areas. The delineation shows that the subject site is located a substantial
distance from any wetlands.
The Draft Metropolitan Natural Resources Special Study identified an Oak Savannah site Site
E34 on the draft inventory map} in the vicinity. The site is described as approximately 3 8 acres
in size, most of which is located on the Lane Memorial Gardens, located west of the subject
Westec Site. Approximately 11 acres are located within the Westec Business Park. However,
that acreage is comprised of lots that are north of the Westec Site. Furthermore, upon
development, any trees proposed for removal on the Wester Site will be subject to the tree felling
ordinance contained in the Eugene Code.
No inventoried Goal 5 resources have been identified for the subject site. Based upon the above
information, the proposed amendment is consistent with statewide planning Goa15.
Goal 6-Air, water and Land Resources Quality: To maintain and improve the quality of the
air, water and land resources of the state.
The applicant proposes the development of a hotel on the Wester Site. However, the Council's
decision does not involve a specif c development proposal or site plan, The decision is limited to
an amendment of the Metro Plan and ref nement plan land use diagrams, as well as the zoning
district designation. Any future development will be addressed through the applicable land use
regulations and review procedures and will be required to comply with all local, state, and federal
standards and guidelines regarding construction, discharges, and stormwater runoff. Therefore,
the Goal is not relevant and the amendment does not affect Metro Plan compliance with
statewide planning Goal d.
Goal 7-Areas Subject to Natural Disasters and Hazards: To protect life and property from
natural disasters and hazards,
Flood insurance Rate Map #410122 0004C dated 10-15-95}, indicates that the subject site is
located within Zone C, well above the 100-year flood elevation. No other conditions on the
subj ect sites indicate they are subj ect to natural hazards or disasters. Therefore, the amendment
does not affect Metro Plan compliance with statewide planning Goal 7.
Goal 8-Recreation 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 subject property is not designated for recreation or park use in the Metro Plan, willow Creek
Special Area Study, or the Eugene Parks and Recreation Plan ~1g89}. The Metro Plan does
designate the Lane Memorial Gardens site to the west as Parks and Gpen Space, however, in
recognition of the visual open space provided. The Eugene Parks and Recreation Plan discusses
the need far acquisition of 50 acres for a future community park and community center in the
Willow Creek area, however, no specif c site has been identified. Based on this information, the
amendment does not affect Metro Plan compliance with statewide planning Goal 8.
Goal 9-Economic Development: To provide adequate opportunities throughout the state for a
variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens.
4
In 1992, the City of Eugene adopted the Eugene Commercial Lands Study and the Metropolitan
Industrial Lands Inventory Report and Policy Report. These studies were adopted as functional
ref nements to the Metro Plan, and comply with the requirements of Goal 9. The primary intent
of these studies was to determine the supply and demand for commercial and industrial land.
with regard to commercial land, Table 4, page II-15 of the Commercial Lands Study indicated
that the supply of commercial land as of 1989 was 702 acres. [Pg. 242] Demand needs projected
through the year 2010 were 532 acres, resulting in an excess supply of 170 acres. This f gore
also includes a portion of existing industrial land approximately 95 acres} in available supply,
since the I-1 and I-2 zoning districts allow certain "supporting commercial establishments."
The applicant submitted into the record a more recent analysis by Lane Council of Governments
LCGG} updating the methodology used in the 1989 commercial lands inventory and applying
the most recent data, the 1994 parcel files. The LCGG analysis indicated a supply of
undeveloped commercial land of 354 acres, as of 1994. [Pg. 323]
The Industrial Lands Policy Report concluded that the short-term ~5 year} supply of industrial
land was determined to be 1,887 acres as of 1989, while the short-term demand was estimated to
be between 228 and 410 acres. [Pg. 311 ] The Report also determined that the long-term X20
year} supply of buildable industrial land was 3,604 acres within the Metro UGB and 2,595 acres
within the Eugene UGB, far exceeding the long-term demand estimated at between 650 and
1,172 acres. [Pp. 305, 313] This information indicates that the industrial land supply is more
than adequate to meet the short-term and long-term demand for future industrial development.
The applicant submitted an analysis by LCGG updating the available supply of undeveloped
industrial land within the Eugene UGB using 1994 parcel data files. The analysis calculated a
total supply of 2,861 acres of undeveloped industrially designated or zoned land within the
Eugene UGB. [Pg. 324] The Industrial Lands Inventory Report identified that of the total
acreage of vacant land within the Eugene-Springfield UGB designated or zoned industrial,
approximately 10% of the vacant acreage is deemed unbuildable. The Industrial Lands Policy
Report defined "buildable land" as privately owned and "not prohibited from development due to
physical prohibitions including floodway, severe soils or slope constraints, and officially
protected wetland or wetland mitigation status." [Pg. 7, Policy Report]
Applying the same 10% reduction for unbuildable lands to the updated LCGG analysis of vacant
industrial land within the Eugene UGB yields approximately 2,575 acres of vacant, buildable
industrial land within the Eugene UGB as of 1994 [Pgs.126,127], which far exceeds the demand
within the entire Eugene-Springfield Metro UGB. Even if the amount of unbuildable acres
within the entire Eugene-Springfield Metro UGB X435 acres} identified in the Industrial Lands
Inventory Report [Pg. 308] is subtracted from the updated LCGG analysis of vacant industrial
land only within the Eugene UGB, the yield of 2,426 acres still far exceeds the projected
demand.
Another study, a "Market Demand Study for Nodal Development" by ECGNorthwest and Leland
5
Consulting Group, indicated a similar number of undeveloped acres designated for industrial use.
~Pg. 253 j In addition, this study noted that 43% of vacant, buildable industrial land is available
for Light-Medium Industrial use and 19% is designated for Campus Industrial use.
Furthermore, the industrial lands inventory accounted for changes in use and Plan designations.
The Policy Report stated: "The surplus of industrial land in the existing inventory provides for
market choice: original Plan allocations exceed the projected demand; the long term demand
f gore was increased by 25 percent to account for land holdings, future expansions, and other
conditions; and developed land not included in this inventory which maybe available for
redevelopment." Pg. 313 ~
Current work on the West Eugene wetlands Plan and other future evaluations may affect the
exact acreage of future "buildable" industrial land, but the information contained in the
Metropolitan Industrial Lands Report provides substantial evidence that the amendment
proposed will not result in a notable impact on the availability of industrial land in the short-term
and long-term; and that after the amendment, there will still be sufficient suitable industrially-
designatedland to meet projected needs:
Accordingly, the change in designation for the 4.14 acre site, even when added to the change in
desigantion for the 9.44 acre Willow Creek site, will not materially affect the supply of industrial
land in Eugene, or result in projected demand exceeding the supply of industrial land in the
short-term or the long-term.
The amendment is also consistent with the text of the Commercial Lands Study. The Commercial
Lands Study identified the need for further commercial opportunities, particularly in relation to
business and industrial parks. Page III-6 of the Study states that "Community members have
expressed an interest in allowing for a greater creation of business parks that would be
characterized by a greater mix of office, retail and industrial uses." [Pg. 243 Policy statements
within the Commercial Lands Study further support this direction:
Policy 4,4, Page III-6: Allow some flexibility to mix commercial and industrial uses
where the site and public infrastructure can ensure compatibility with surrounding land
uses and adequate provision of public services. ~Pg. 243]
Policy 1 o.D, Page III-8: Consider additions to the commercial land supply to provide
sites for uses with special siting requirements to achieve the City's economic
diversification objectives. ~Pg. 244j
The Industrial Lands Inventory Report also found that industrial firms in business or industrial
parks "want convenient commercial uses and support services ... close by..." [Pg. 3DSj The
Inventory Report also included a survey indicating that the I-2 zoning district is too restrictive
with regard to the range of allowable uses and that more flexibility is needed to allow
complementary commercial activities.
The policy statements noted above are also supported within the Metro Plan, which includes the
following policy statements:
Policy 5, page III-B-S : Provide existing industrial activities sufficient adj scent land for
future expansion.
The amendment would not affect the potential for expansion of surrounding industrial uses.
There is ample room in the Wester Business Park to accommodate further industrial
development.
Policy S, page III-B-S: Encourage the improvement of the appearance of existing
industrial areas, as well as their ability to serve the needs of existing and potential light
industrial development,
Policy 11, page III-B-5: Encourage economic activities which strengthen the
metropolitan area's position as a regional distributions, trade, health, and service center.
The amendment will be consistent with the two policy statements above. Providing for
commercial use at the wester Site will support the needs of nearby industrial developments.
Providing a commercial site suitable for a hotel within walking distance of two major business
parks, the Hyundai semiconductor plant, and other industries will enhance the vitality and
desirability to existing and future industrial enterprises.
Policy 2~d}, page III-F-5: Existing employment centers shall be encouraged to grow and
diversify by allowing and concentrating new commercial, governmental, and light
industrial uses, where appropriate, in those centers.
The willow Creek area is identified as an Employment Center in materials for the update of the
Metropolitan Area Transportation Plan ~TransPlan}. ~Pg. 2~2] With thousands of employees
already the area is a de facto employment center, apart from any formal designation as such.
Provision of a complementary commercial use to serve the surrounding industrial area is
consistent with the above policy.
Based on the above findings and the evidence in the record, the City Council finds that the
change in designation for less than 5 acres will not materially affect the supply of industrial lands
in Eugene, or result in demand exceeding the supply of industrial land in the short-term or
long-term. Therefore, the amendment is consistent with the City's economic development
policies and statewide planning Croal 9.
Goal lO~Housing: To provide for the housing needs of citizens of the state.
The amendment will not affect the availability or opportunities for housing in the area because
the amendment only changes the designation of the subject site from an industrial designation to
a designation for commercial use. Therefore, the amendment will not affect Metro Plan housing
policies and is consistent with statewide planning Goal 10.
7
Goal 11-Public Facilities and Services; ~o plan and develop a timely, orderly and efficient
arrangement of public facilities and services to serve as a framework for urban and rural
development
All key urban public facilities and services have been planned and developed in conjunction with
previous subdivision approvals concerning the subject site. ~n particular, all streets and utility
services water, sewer, and electricity} are currently available. Stormwater facilities were
constructed in conjunction with development of the Wester Business Park. Accordingly, the
amendment will not affect Metro Plan public facility and service provision and is consistent with
statewide planning Croat 11.
Goal 12-Transportation: To provide and encourage a safe, convenient and economic
transportation system.
The subject site is accessed by a transportation system that includes Pitchford Avenue and
Wester Drive, which are fully improved local streets. These streets lead to Willow Creek Road,
which was recently improved as a three-lane collector street feeding into West 11th Avenue and
West 1 Sth Avenue, which are arterial streets.
Commercial development at the Wester site will serve the nearby growing industrial
development in the Willow Creek area ~i.e., Hyundai, Molecular Probes, Wester North and
Wester South Business Parks}. The amendment locates the commercial use within convenient
walking distance to those industrial developments. Providing complementary uses within
walking distance of one another potentially reduces the number and length of auto trips, helping
reduce the number of vehicle miles traveled ~vMT} as required in the state Transportation
Planning Rule TPR as established in BAR 660-012-00354}.
A Traff c Impact Study ~TIS} conducted by the applicant demonstrates that the proposed hotel
use at the Wester site would not negatively impact traff c and would conform with other
provisions of the TPR. [Pg. 3 67j
Specifically, 4AR 660-012-0060 ~1} relates to comprehensive plan amendments which
"significantly affect" a transportation facility. BAR 660-012-0060 ~2} outlines the means by
which a plan amendment "significantly affects" a transportation facility:
~a} .Changes the functional classification of an existing or planned transportation
facility;
fib} Changes standards implementing a functianal classif cation system;
~c} Allows types or levels of land uses which would result in levels of travel or access
which are inconsistent with the functional classification of a transportation
facility; or
~d} Would reduce the level of service of the facility below the minimum acceptable
level identif ed in the TSP.
The amendment does not "significantly affect" a transportation facility per the above criteria
8
because commercial development would not change the function, classification, capacity, or
level of service for any of the potentially affected streets identif ed in the TIS. Mpg. 367, 4~7] For
purposes of assessing the "worst case" transportation impact, the TIS projected that "non-nodal
`big box' retail development can generate about 500 new PM peak hour trips without causing a
deterioration from LOS `D' upon build-out." Pg. 75j Staff analysis of the TIS indicated that the
"worse case" scenario could generate "about S00 peak hour trips generated by a shopping center
on the larger parcel," a 9.5-acre parcel adjacent to the ~Vestec site also assessed in the TIS. ~Pg.
362j We f nd that even if the westec site were developed for commercial uses generating traffic
volumes projected in the TIS, rather than for the hotel use proposed by the applicant, that given
the subject site's size at less than one-half that of the larger parcel assessed, commercial
development at the westec site would not create sufficiently large traffic volumes as to cause
degradation in level of service standards at critical intersections such that the amendment would
"significantly affect" a transportation facility in violation of the Transportation Planning Rule
and Goal I ~.
Site review criteria forwarded by the Planning Commission will be applied as a Site Review
Overlay District to the change in Zoning District for the westec site being processed
concurrently with the application for Metro Plan amendment, The site review criteria will
further ensure that if the westec site is not developed as the hotel use proposed, that other
commercial uses with greater transportation impacts will effectively be precluded.
However, the amendment meets Goal I2 and the TPR requirements irrespective of the site
review criteria and zoning subdistrict applied to the site's future zoning district. Even if the site
were developed with a "big box" retail use generating "worse case" taff c impacts, the use
would not "significantly affect" a transportation facility. Therefore, the amendment is consistent
with TPR requirements and statewide planning Goal 12.
Goa113-Energy Gonservatlon: ~'o conserve energy.
The amendment will allow a commercial use to serve a significant employment center. Because
the site is located immediately across the street from its target market, prospective customers are
within convenient walking distance of their business destination. This would enable fewer
automobile trips and result in greater conservation of energy.
Because a wide range of potential uses are allowed inthe I-2 zone, a comparison of energy
consumption or conservation between a particular industrial and commercial uses is neither
practical or appropriate. For example, an industrial warehouse could have extremely different
energy consumption rates as opposed to a manufacturing plant. However, future development
plans will be subject to applicable energy eff ciency requirements established in the Eugene
building code and state and federal standards.
Therefore, the amendment will not affect Metro Plan compliance with statewide planning Goal
13.
Goal 14-UrbanlzatYOn: ~'o provide for an orderry and efficient transition from rurar to urban
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land use.
The subject site is within the Eugene city limits and Urban Growth Boundary and has all
necessary urban services. The property is not being converted from rural to urban land use.
Therefore, this Goal is not relevant and the amendment will not affect Metro Plan compliance
with statewide planning Goal 14.
Goat 15-Willamette River Greenway: To protect, conserve, enhance and maintain the natural,
scenic, historical, agricultural, economic and recreational qualities of lands along the
~Yillamette River as the yYillamette .River Greenway,
The subject site is not within the Willamette River Greenway, therefore this Goal is not relevant
and the amendment will not affect Metro Plan compliance with statewide planning Goal 15.
Goals 16 through 19~Estuarine Resources, Coastal Shorelands, Beaches and Dunes, and
Ocean Resources
There are no coastal, ocean, estuarine, or beach and dune resources related to the site or involved
in the amendment. Therefore, these Goals are not relevant and the amendment will not affect
Metro Plan compliance with Goals 16 through 19.
Metro Plan Amendment Criterion #Z:
EC 9.128 3 b Ado tion of the amendment must not make the Metro Plan internall
inconsistent.
The Metro Plan amendment will not alter the Metro Plan's internal consistency because the
amendment only modifies the Plan Diagram. No modification to the Metro Plan text references
are necessary. As cited under EC 9.1283}(a} above, the amendment is consistent with adopted
policies contained in the Metro Plan, the Willow Creek Special Area Study X1982}, and
applicable functional plans including TransPlan ~ 1986}, the Eugene Commercial Lands Study
~ 1992} and the Metropolitan Industrial Lands Special Study ~ 1993 }.
Criteria for Concurrent Automatic Amendment of Refinement Plan Diagram:
EC 9.13 ~ 4 When a Metro Plan amendment is enacted that re uires an amendment to a
refinement lan or functional lan dia ram or ma for consistenc the Metro Plan amendment
automaticall amends the refinement lan or functional lan dia ram or ma if no amendment to
the refinement lan or functional lan text is involved.
The subject site is located within the Willow Creek Special Area Study ~WCSAS}. The Metro
Plan Diagram amendment and zone change do not require any change to the text of the Metro
Plan or Willow Creek Special Area Study. Page 2G of the Willow Creek Special Area Study
states that the Plan Diagram is intended to conceptually identify land use arrangements in the
Willow Creek basin which would ultimately be implemented by other more specific public
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actions, such as zoning and other implementation techniques. ~Pg. 268]
The WCSAS emphasizes the nodal development concept, which seeks the "location of
commercial activities at the northern edge of the Basin in proximity to light-medium industrial
activities." [Pg. 269j With the development of Hyundai, Molecular Probes, and the Westec
Business Parks, this area is arguably becoming the most signif cant employment center in the
Willow Creek area. As envisioned in the WCSAS, the amendment would enable the
arrangement of land uses to maximize the nodal development concept by locating a
complementary commercial use adj acent to the target industrial market.
The Metro Plan amendment meets the criteria specified in EC ~.136~4} and will autamaticaliy
amend the Willow Creek Special Area Study land use diagram to maintain consistency between
the Metro Plan and the refinement plan.
CRITERIA FGR EVALUATING A ZONE CHANGE
The applicant requested a concurrent zone change as provided for in EC 9.674 ~3 }. The
following criteria from EC 9.67$ sha11 be applied by the City Council in approving or denying
the zone change request:
~a} The uses and density that will be allowed in the location of the proposed change can be
served through orderly and efficient extension of key urban facilities and services
prescribed in the Metropolitan Area General Plan, and are consistent with the principles
of compact and sequential growth;
fib} The proposed change is consistent with the Metropolitan Area General Plan, applicable
text, specific elements related to the uses listed in the proposed zoning districts, and
applicable land use designations. The written text of the Plan takes precedence over the
Plan diagram where apparent conflicts or inconsistencies exist; and
~c} The proposed change is consistent with applicable adopted neighborhood ref nement
plans. In the event of inconsistencies between these plans or studies and the Metropolitan
Area General Plan, the latter is the prevailing document.
Based on substantial evidence in the record, the Eugene City Council finds:
Zone Change Criterion #1
EC 9.678 a :The uses and densi that will be allowed in the location of the ro osed chan e
can be served throu h orderl and efficient extension of ke urban facilities and services
rescribed in the Metro olitan Area General Plan and are consistent with the rind Ies of
com act and se uential rowth•
All key utility facilities and services ~e.g., water, sewer} are currently available to the Westec
site. Stormwater facilities were constructed in conjunction with development of the Westec
Business Park,
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The Willow Creek area has been identified as a potential nodal development site as part of the
TransPlan update process. [Pg. 262j The change in zoning will enhance the area's function as an
employment node by providing a complementary commercial service adj scent to the industrial
firms the commercial area is intended to serve. The concept of consolidating complementary
services within convenient walking distance in this substantial employment center will promote
the principles of compact and sequential growth.
Although the I-2 zoning district currently permits a certain range of commercial uses, there is a
distinct limit to the type and amount of commercial activity. The I-2 zone allows commercial
services ~e.g., barber shops, convenience store, offices for engineers and surveyors}, but limits
square footages for support services to 24°/a of the gross floor area of the industrial park. The
commercial use proposed is not allowed in any industrial zone. The nearest undeveloped
commercial land is located on West 1 lth Avenue, east of Beltline Highway. Given the distance
from the Westec site, this area is identified as a separate and distinct nodal development area
from the Willow Creek Employment Center. ~Pg. 262]
Based on the information provided above, the zone change will be consistent with the above
criterion.
Zone Change Criterion #2:
EC 9.678 b :The ro osed char a is consistent with the Metro alitan Area General Plan
a licable text s ecific elements related to the uses listed in the ro osed zonin districts and
a licable land use desi nations. The written text of the Plan takes recedence over the Plan
dia ram where a anent conflicts or inconsistencies exist and
Discussion of consistency of the zone change with the Metro Plan is provided as part of the
evaluation of the Metro Plan amendment and is incorporated herein and made a part of the
findings for the zone change by this reference as if fully set forth here. The zone change to C-2,
General Commercial, is consistent with the amended Metro Plan land use designation of
Commercial.
The proposed zone change meets the above criterion because the commercial use proposed for
the subject site is consistent with the speci#ic elements related to the allowable uses listed in the
proposed C-2, General Commercial zoning district. Hotels are permitted only in C-2, General
Commercial or C-3, Major Commercial districts, The proposal is to change zoning for the
Westec site to C-2 since the proposal is to create a commercial use to serve the surrounding area,
and not the metropolitan area. Hotels are not permitted in the site's existing I-2, Light Medium
Industrial zoning district.
Concurrent approval of the proposed Metro Plan Diagram amendment and zone change will keep
the Plan designations and zoning districts for the subject site consistent.
Zone Change Criterion #3:
EC 9.678 c :The ro osed than a is consistent with a licable ado ted nei hborhood
refinement ions. In the event of inconsistencies between these Tans or studies and the
1Z
Metro olitan Area General Plan the latter is the revailin document.
This zone change request was processed concurrently with an amendment to the Willaw Creek
Special Area Study ~WCSAS} diagram. The Metro Plan amendment automatically amends the
WCSAS as provided for in EC 9.1364}. Accordingly, rezoning to C-~, General Commercial is
consistent with the new refinement plan designation of Commercial.
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