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HomeMy WebLinkAboutOrdinance No. 20099ORDINANCE NO. °~`~ 4 c1 AN ORDINANCE AMENDING THE EUGENE-SPRINGFIELD METRGP4LITAN AREA GENERAL PLAN DIAGRAM TG REDESIGNATE PROPERTY IDENTIFIED AS MAP 18-04-04- 20, TAX LGT 600 (WILLGVL~ CREEK SITES FRUM CAMPUS INDUSTRIAL TU CGMMERCIAL, AND REZUNING THE PROPERTY FRGM I-1, SPECIAL LIGHT INDUSTRIAL T4 C-21SR, GENERAL CGMMERCIAL WITH SITE REVIEW SUBDISTRICT. The City Council of the City of Eugene finds that: A. Dn June 6, 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 identif ed as Map 18.04-04-20, Tax Lot 600, referred to as the Willow Creek site, from Campus 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 SEC}, which establishes the Eugene City Council as the approval body for Type 7I Metro Plan diagram amendments located within the incorporated city limits of Eugene. C. Dn 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. Dn 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. Dn July 15,1997, notice of the hearing was published in the Eugene Register-Guard. F. Dn July 11,1997, 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 DRS 197.610. No comment was received in response to the notice. G. Dn August 5,1997, the Eugene Planning Commission held a public hearing on the request. As per EC 9.13 0, the Plannvag 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 proposed amendment was provided and the written record was held open for two weeks, followed Ordinance -1 by an additional third week for response from the applicant. H. The Planning Commission met on September 8 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. On 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. I. On 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. Since the Traffic Impact Analysis prepared far the request was based on the "worst- case" scenario rather than the applicant's proposal for nodal development, and since no new evidence could be submitted at the City Council hearing, the City Council determined that an amendment to both the text and map of the 'Willow Creek Special Area Study should be adopted prior to the effective date of this Ordinance to meet the requirements of DAR 660-012-0060. L, Subject to Finding 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. NOW, THEREFORE, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The above findings, and the findings set forth in Exhibit B attached hereto and incorporated herein by this reference are hereby adopted. Section Z. The Metro Plan Diagram land use designation for the property identified as Map 18-04-04-20, Tax Lot 600, referred to as the Willow Creek site, is amended from Campus Industrial to Commercial, as depicted an Exhibit A attached hereto and incorporated herein by this reference. Section 3. The zoning for the property identified as Map 18-04-04-20, Tax Lat 600, referred to as the Willow Creek site, is amended from I-1, Special Light 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 will be adopted as part Ordinance - 2 of a separate amendment to the willow Creek Special Area Study. Section 4, The City Council hereby initiates, without prejudice, proceedings for an amendment to the willow Creek Special Area Study refinement plan} text and land use diagram Map E} for the property identified as Map 18-04-04-20, Tax Lot 600, referred to as the willow Creek site. Section 5. Except for Section 4, this Ordinance shall not be effective or a final land use decision unless and until the Council adopts a ref nement plan amendment initiated in Section 4, above, which amendment shall address Goal compliance. If such an amendment is not enacted by the Council by December 31,1998, this Ordinance automatically is repealed as of January 1,1999. Section 6. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is far 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 balding shall not affect the validity of the remaining portions of this Ordinance. Passed by the City Council this Z`~ day of November,1997 `""' ~ I ~ City Recorder Approved by the Mayor this Z~ "day of November, 1997 J Mayo Ordinance - 3 EXHIBIT A: MA 97-21Z 97-24, WILL[~'~ CREEK SITE ~. wrr•r,~.~.~ ~# u.sNMf MaP ~ n~•33~33 Tl,' aDir~ ~ ~~ _, y t r "- M~ln'~n-~i.33~ ~ 1 ~ TS..' ~~ ~~~ ~r ~.rrr ~ ~rrr~ w ,*rrr~ ~r ~r w r~ ~ l a { * Willow Creek Special. Area Study designation and Site Review criteria to be determined through separate refinement plan amendment process, Metro P7 an designation and zoning shat 1 not be effe.cti ve unti 1 after advpti on of ref i r~ement plan amendment. ~~~$ ~~ b ~~~°e METRO PLAN DESIGNATION: COMMERCIAL WILLOW CREEK SPECIAL AREA STUDY DESIGNATION: ZONI~JG: C-2/SR* EXHIBIT B: FINDINGS IN SUPPORT OF THE ORDINANCE AMENDING THE EUGENE- SPRINGFIELD METROPOLITAN AREA GENERAL PLAN DIAGRAM AND ZONING FOR THE WILLOW CREEK SITE MA 92-BIZ 97-24, WILLOW CREEK The following findings pertain to the willow Creek Site Assessor's Map 18-04-04-~0, Tax Lot 600}. Numbers in bracketed citations refer to page numbers in the October 27,1997 record packet distributed to the Eugene City Council. CRITERIA FOR EVALUATING A METRO PLAN AMENDMENT The following criteria from EC 9.1283}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, and subject to revision and adoption of additional f ndings in connection with approval of a text amendment to the Willow Creek Special Area Study pertaining to the site, the Eugene City Council finds as follows: Metro Plan Amendment Criterion #1: EC 9.1 Z8 3 a The amendment must be consistent with the relevant statewide tannin oats ado ted b the Land Conservation and Develo ment Commission. Goal 1-Citizen Involvement: To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. The amendment is consistent with Goal 1 through the City of Eugene's public notification and public hearing processes concerning Metro Plan amendments. A Metro Plan amendment application is sub j ect to the public notification 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 Springf eld and Lane County on June 13,1997, as required by EC 9.124, however neither jurisdiction chose to participate. On June 16,1997, the Planning Division sent to the Churchill Neighborhood Group a referral notice of the a lication . PP and mformat~on on a public hearing before the Eugene Plan~ung Commission scheduled for August 5,1997. On July 3,1997, a Staff Report was mailed to the Eugene Planning Commission and to affected and interested parties as of that date. On July 15,1997, the Plannin ... g D~vislon provided written 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 2'he .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, for 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. On 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. On July 11,1997, 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 197.610. No comment was received in response to the notice. On September 26,1997, notice of the Eugene City Council hearing scheduled for October 13 was mailed to the applicant, neighborhood association, and thane who had requested to be placed on the Interested Parties list for the Metro Plan amendment. The City Council public hearing was rescheduled to October 27,1997. On October 14,1997, notice of the rescheduled public hearing was sent to those who received the September 26,1997 notice. The Council held a public hearing on October 27,1997 and heard argument based upon the evidentiary record established before the Planning Commission. The Council also met on October 29 and November 10,1997 to further deliberate on the amendment. Public hearing and meeting notices were duly published in ~'he .Register-Guard. 2 The processes for public involvement and citizen participation established by the City of Eugene, and implemented as described above, provided ample opportunity for citizen involvement in the Metro Plan amendment process. The amendment is therefore consistent with statewide planning Goal 1. Goal ~-Land Use Planning: To establish a land use planning process and policy framework as a basis for all decision and actions related to use of land and to assure an adequate factual base for such decisions and actions. The amendment to the Metro Plan diagram is consistent with the Plan amendment provisions found in the Metro Plan, as codified in the Eugene Code SEC 9.115-9.136}. The Metro Plan is an acknowledged comprehensive plan, pursuant to provisions specified by the Land Conservation and Development Commission. This application, and the process for reviewing the amendment, follow the procedures outlined in the Eugene Code, thus conforming with the established land use planning process 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 compliance with statewide planning Goal 3. Goal 4-Forest Lands: To conserve forest lands by maintaining the forest land base and to protect the state's forest economy by mala'ng 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 soil, air, water, and fish and wildlife resources and to provide for recreational opportunities and agriculture. The subject site does not involve any forest land by zoning, Plan designation, or use. Therefore, this Goal is not relevant and the amendment does not affect Metro Plan compliance with statewide planning Goal 4, Goal 5-Open Spaces, Scenic and Historic Areas, and Natural Resources: To conserve open space and protect natural and scenic resources. Based on information in the West Eugene Wetlands Plan and the National Wetlands Inventory maps, the subject site does not contain any jurisdictional wetlands or hydric sails. [Pp. 3Z7-3Z5, 330] The Draft Metropolitan Natural Resources Special Study identified an Gak Savannah site Site E34 on the draft inventory map} in the vicinity. This area is described as approximately 3 5 acres in size, most of which is located on the Lane Memorial Gardens site northwest of the subject site. The''~'illow Creek Site is not included in Site E34 described above or any other natural resource area identified in the Draft Metropolitan Natural Resources Special Study. 3 Na inventoried Goal 5 resources have been identified for the subject site. Based upon the information provided above, the amendment is consistent with statewide planning Goal 5. Goal b-Air, Water and Land Resources Quality: ~'o maintain and improve the quality of the air, water and l and resources of the state. The applicant proposes the development of a cammercial village on the Willow Creek Site. However, the Council's decision does not involve a specific development proposal or site plan. The decision is limited to an amendment of the Metro Plan diagram and 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 6. Goa17-Areas Subject to Natural Disasters and Hazards: To protect life and praperty from natural disasters and hazards. Flood Insurance Rate Map #410122 0004C dated 10-18-95}, indicates that the subject site is located within Zone C, well above the 100-year flood elevation. No other conditions on the subject sites indicate they are subject to natural hazards or disasters. Therefore, the amendment does not affect Metro Plan compliance with statewide planning Goal 7. Goal S•Recreation Needs: 2'o satisfy the recreatianal 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 subj ect 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 X1989}. The Metro Plan does designate the Lane Memorial Gardens site to the northwest as Parks and Gpen Space, however, in recognition of the visual open space provided. The Eugene Parks and Recreation Plan discusses the need for acquisition of 50 acres for a future community park and community center in the willow Creek area, however, no specific 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: 2'o provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of aregon's citizens. 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 refinements 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 indicates 4 that the supply of commercial land as of 1989 was 702 acres. [Pg. 242 The demand needs ] through the year 2010 were projected to be 532 acres, resulting in an excess supply of 170 acres. This figure 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 LC4G 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 2,895 acres within the Eugene UGB, far exceeding the long-term demand estimated at between 650 and 1,172 acres. [Pp. 308, 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 LC4G updating the available supply of undeveloped industrial land within the Eugene UGB using 1994 parcel data f les. 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-Springf eld 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 Iloodway, 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 LC4G 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 UGB X43 5 acres} identified in the Industrial Lands Inventory Report [Pg 308] is subtracted from the updated LC~G analysis of vacant industrial land only within the Eugene UGB, the yield of 2,426 acres still far exceeds the projected demand. .Another study, "Market Demand Study for Nodal Development" by EC~Northwest and Leland Consulting Group, indicated a similar number of undeveloped acres designated for industrial use. [Pg. 253] In addition, this study notes 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 5 market choice: original Plan allocations exceed the projected demand; the long term demand figure 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 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-designated land to meet projected needs. Accordingly, the change in designation for the 9.44 acre willow Creek site, even when added to the change in designation for the 4,14 acre westec 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 far further commercial opportunities, particularly in relation to business and industrial parks. Page III-~ of the Study states that "Community members have expressed an interest in allowing far a greater creation of business parks that would be characterized by a greater mix of off ce, retail and industrial uses." [Pg. 243] Policy statements within the Commercial Lands Study further support this direction: Policy 4.0, Page III-~: 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. 243j Policy 10.0, Page III-S: 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. 244] 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. 305] The Inventory Report also included a survey indicating that the I-1 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 Buff dent adjacent land for future expansion. The amendment would not affect the potential for expansion of surrounding industrial uses. The 6 'Dillow Creek site would not affect Hyundai's future development plans, or development in the Wester North Business Park. The Wester South Business Park is fully developed and the willow Creek site is not included in the subdivision that created the park. Policy 8, 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 1 1, page III-B-S: 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. The proposed commercial uses at the willow Creek Site will support the needs of nearby industrial developments. Providing these commercial uses 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. The Industrial Lands Policy Report acknowledged limitations in allowable uses in industrial lands: "ane criticism of the current Special Light Industrial implementing zoning districts is that they do not provide sufficient flexibility in allowed uses. Development professionals have observed that some uses are not included in the list of allowed uses in these districts even though they would be appropriate for those districts once strict design standards have been applied." [Pg. 3 18] 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. 2~2j 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 Council finds that the change in designation for 9.44 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 orlong-term. Therefore, the amendment is consistent with the City's economic development policies and statewide planning Goal 9. Goal lo-Housing: ~o pravide 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 subj ect site from an industrial designation to 7 a designation for commercial use. Therefore, the amendment will not affect Metro Plan housin .. g pollees and is consistent with statewide planning Goal 10. Goal 11-Public Facilities and Services: To plan and develop a timely, orderly and e cient 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.. In particular, all streets and utili . , t3' services water, sewer, and electricity} are currently available. Stormwater facilities were constructed in conjunction with improvements to Willow Creek Road. Accordingly, the amendment will not affect Metro Plan public facility and service provision and is consistent with statewide planning Goal 11. Goal 12-Transportation: To provide and encourage a safe, convenient and economic transportation system. The subj ect site is accessed by a transportation system that includes Pitchford Avenue and Willow Creek Road, which are fully improved streets. Willow Creek~Raad, which was recentl . y improved, is a three-lane collector street feeding into West 11th .Avenue and West 1 Sth Avenue, which are arterial streets. Commercial development at the Willow Creek 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}, as well as 22 acres of land across Willow Creek Road designated High Density Residential. The amendment locates the commercial use within convenient walking distance of those industrial and residential uses. 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 and codified in CAR 660-012-003 5 ~4}. As specified in CAR 660-012-0060 ~ 1 }, the TPR also requires that comprehensive plan amendments must not "significantly affect a transportation facility. CAR 660-012-0060 ~2} outlines the means by which a plan amendment "signif candy affects" a transportation facili : ~a} Changes the functional classif cation of an existing or planned transportation facility; fib} Changes standards implementing a functional 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. A Traffic Impact Study ~TIS} conducted by the applicant was based upon a "worst-case" scenaxio of maximum allowable uses under the commercial designation and zoning sought, rather than the applicant's proposal for a commercial village in a nodal development configuration. Under the scenario presented in the TIS, development in the "worst-case" would "significantly affect" a transportation facility ~i.e., the intersection of Willow Creek Road and West 11th Avenue} under OAR 660-012-0060 ~2}~d}. OAR 660-012-0064 ~1}requires that amendments to acknowledged comprehensive plans which "significantly affect" a transportation facility must assure consistency with the facility's function, capacity, and level of service by: ~a} Limiting allowed land uses to be consistent with the planned function, capacity and level of service of the transportation facility; fib} Amending the transportation system plan ~TSP} to provide transportation facilities adequate to support the proposed land uses consistent with the requirements of this division; or ~c} Altering land use designations, densities, or design requirements to reduce demand for automobile travel and meet travel needs through other modes. The Planning Commission forwarded site review criteria to alter the densities and design requirements of the proposed commercial village in conformance with OAR 660-012-0060 ~1}~c} above. The criteria, however, was forwarded after the close of the evidentiary record and the applicant was unable to revise the TIS to assess the impacts from the proposed development with site review criteria attached. The site review criteria are designed to eliminate the possibility of developing the scale and size of uses which will have the greatest traffic impacts as projected in the TIS "worst-case" scenario. The Eugene City Council will initiate, without prejudice, proceedings for an amendment to the Willow Creek Area Special Study text and land use diagram for the Willow Creek site, enabling additional study and f ndings to demonstrate compliance with statewide planning Gaal 12 and the TPR through OAR 660-012-0060 ~1}~c}. This refinement plan amendment would ensure that future development emphasize apedestrian-oriented commercial village primarily serving the immediate area. Site-specific provisions within the Willow Creek Special Area Study, as well as the Site Review criteria, will be established to limit the intensity and type of uses. Such provisions will need to assure that future development of this site would not "significantly affect" traff c by reducing the level of service at critical intersections. Findings demonstrating compliance with Goal 12 will be adopted as a part of adoption of amendments to the willow Creek Special Area Study. Goal 13-Energy Conservation: To conserve energy. The amendment will allow a range of commercial uses to serve a significant employment center. Because the proposed development would be located immediately across the street from its target market, prospective users are within convenient walking distance. This would enable fewer automobile trips and result in greater conservation of energy. Because a wide range of potential uses are allowed in the I-1 zone, a com orison of ener p gy consumption or conservation between particular industrial and commercial uses is neither practical or appropriate. Far example, an industrial warehouse could have extremel different . Y energy consumption rates as opposed to a manufacturing plant, However, future development plans will be subject to applicable energy efficiency requirements established in the Eu ene g bulld~ng code and state and federal standards. Therefore, the amendment will not affect Metro Plan compliance with statewide lannin Goal p g 13. Goal 14-Urbanization: To provide for an orderly and efficient transition om rural to urban land use. The subject site is within the Eugene city limits and Urban Growth Bound 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 com liance . p with statewide planning Goal 14. Goal 15-Willamette River Greenway: To protect, conserve, enhance and maintain the natural scenic, historical, agricultural, economic and recreational qualities of lands alon the . g Willamette Diver as the Willamette River Greenway. The subject site is not within the ~L~Uillamette River Greenway, therefore this Goal is not relevant and the amendment will not affect Metro Plan compliance with statewide tannin Goal 15. p g Goals 16 through 19-Estuarine Resources, Coastal Shorelands, Beaches and Dunes and Gcean 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 #2: EC 9.128 3 b Ado Lion of the amendment must not make the Metro Plan internall ~ncons~stent. The Metro Plan amendment will not alter the Metro Plan's internal consistent because the Y amendment only modif es the Plan Diagram. No modification to the Metro Plan text references are necessary. As cited under EC 9.128(3}(a} above, the amendment is consistent with adapted policies contained in the Metro Plan, the Willow Creek Special Area Study (1982 ,and ~ a • applicable functional plans including TransPlan (1986}, the Eugene Commercial Lands Stud . Y (1992} and the Metropolitan rndustr~al Lands Special Study (1993}, ~o Criteria for Concurrent Automatic Amendment of Refinement Pian Dia ram: g EC 9.13 6 4 When a Metro Plan amendment is enacted that re wires an amendment to a refinement lan or functional Ian dia ram or ma for consistenc the Metro Plan amendment automaticall amends the refinement lan or functional Ian dia ram or ma if no amendment to the ref nement lan or functional Ian text is involved. The subject site is located within the Willow Creek Special Area Study WCSAS . Pa e 26 of . } g the Willow Creek Special Area Study states that the Plan Diagram is intended to canoe tuall p Y identify land use arrangements in the Willow Creek basin which would ultimatel be • ~' implemented by other more specific public actions, such as zoning and other im lementation . P techniques. ~Pg, 268] The WCSAS emphasizes the nodal development concept, which seeks the "location of commercial activities at the northern edge of the Basin inproximity tolight-medium industrial activities." [Pg. 269] 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 complementary commercial uses adj acent to the target industrial market, However, to assure that Goal 12 requirements are met, the City Council will initiate roceedin s P g to amend the WCSAS text and diagram for the Willow Creek site. This will allow a new record to be opened to develop studies and findings to assure compliance with the re uirements of the q TPR. CRITERIA FUR EVALUATING A ZONE CHANGE The applicant requested a concurrent zone change as provided for in EC 9.474 3 . The ~} following criteria from EC 9.675 shall be applied by the City Council in ap rovin or den in p g Yg the zone change request: ~a} The uses and density that will be allowed in the location of the proposed char e can be g served through orderly and efficient extension of key urban facilities and services prescribed in the Metropolitan Area General Plan, and are consistent with the princi les p of compact and sequential growth; fib} The proposed change is consistent with the Metropolitan Area General Plan, a licable Pp 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 refinement 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, and subject to revision and adoption of additional l~ findings in connection with approval of a text amendment to the Willow Creek S ecial Area .. p Study pertaining to the site, the City Council finds as follows: Zone Change Criterion #1: EC 9.675 a : The uses and densi that will be allowed in the location of the ro osed char e can be served throw h orderl and efficient extension of ke urban facilities and services rescribed in the Metro olitan Area General Plan and are consistent with the rinci les of tom 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 Willow Creek Road. The Willow Creek area has been identified as a potential nodal development site as art of the p TransPlan update process. [Pg. 262j The change in zoning will enhance the area's function as an employment node by providing a complementary commercial services adjacent to the industrial firms and residences the proposed commercial village is intended to serve. The conce t of . p consolidating complementary services within conveiuent walking distance in this substantial employment center will promote the principles of compact and sequential growth. Although the ~-1 zoning district currently permits a certain range of commercial uses, there is a distinct limit to the type and amount of commercial activity. The 1-1 zone allows commercial services such as restaurants and banks, but limits square faotages for such support services to 24% of the gross floor area of the industrial park. The commercial uses proposed are generall Y not allowed in industrial zones. 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 Em to ment PY Center. ~Pg. 262 Based on the information provided above, the proposed zone change will be consistent with the above criterion. Zone Change Criterion #Z; EC 9.678 b :The ro osed than a is consistent with the Metro olitan 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 deli nations. The written text of the Plan takes recedence over the Plan dia am 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. 12 Zone Change Criterion #3: EC 9.67 c :The ro osed than a is consistent with a liable ado ted nei hborhood refinement lans. rn the event of inconsistencies between these lans or studies and the Metro olitan Area General Plan the latter is the revailin document. The City Council will initiate an amendment to the willow Creek Special Area Study text to assure compliance with statewide planning Goal 12. Upon approval of the Metro Plan diagram amendment, the WCSAS diagram will automatically be amended as provided for in EC 9.1364}. and the rezoning to C~2, General Commercial will be consistent with the new ref nement plan designation of Commercial. 13