Loading...
HomeMy WebLinkAboutOrdinance No. 20180GRDINANCE NG. 201$0 AN ORDINANCE AMENDING THE JEFFERSUNIFAR WEST REFINEMENT PLAN DIAGRAM TG REDESIGNATE PROPERTY IDENTIFIED AS TAX LUTS 11700 AND 11500, MAP 17-03-31-42, FRGM PUBLIC FACILITIES AND OPEN SPACE TG CGMMERCIAL, AND REZGNING THIS PROPERTY FRGM PL PUBLIC LAND T4 C-2 GENERAL CGMMERCIAL. The City Council of the City of Eugene finds that; A. On July 12,1999, the City Council initiated proceedings to amend the JeffersonlFar West Refinement Plan diagram and rezone the existing Library site. B. On August 15, 1999, the City of Eugene, represented by the Community Development Division, Planning and Development Department ~"the applicant"}, submitted an application for a diagram amendment to the JeffersonlFar west Refinement Plan and a concurrent zone change to redesignate property identified as tax Iots 11700 and 11500, map 17-03-31-42, from Public Facilities and Open Space to Commercial, and to rezone this property from PL Public Land to C-2 General Commercial. C. This proposal came to the City of Eugene for action pursuant to procedures for refinement plan amendments described in Chapter 9 of the Eugene Code, 1971 SEC 9.138 - 9.148} D. On August 27, 1999, the proposed amendment and notice of the Planning Commission hearing on the amendment were mailed to the Oregon Department of Land Conservation and Development as required by ORS 197.610, E. On September 14,1999, the refinement plan amendment application was referred to Lane County and the City of Springfield, and referral notice of the application and Punning Commission public hearing information was mailed to the Jefferson Area Neighbors. F. On September 21,1999, notice of the Planning Commission hearing was mailed to the owner of the property subj ect to the amendment, and to owners and occupants of property within 500 feet of the subject property, G. On October 1,1999, notice of the Planning Commission hearing was published in the Eugene Register-Guard. H. On October 12,1999, the Eugene Planning Commission held a public hearing on the application. At the close of the public hearing, the Planning Commission voted unanimously to recommend approval of the proposed refinement plan amendment and zone change. I. On November 9,1999, notice of the Eugene City Council hearing was maiied to the applicant, neighborhood association and those who had requested to be placed on the Interested Ordinance -1 Parties list for the proposed refinement plan amendment and zone change. J. The Eugene City Council held a public hearing on the request on November 22,1999, and is now ready to take action on the requested amendment. K. Evidence exists within the record and the findings attached hereto that the proposal meets the requirements of Chapter 9 of the Eugene Cade,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 reference are adopted. Section 2. The JeffersonlFar West Refinement Plan land use designation for the property identified as tax lots 11744 and 11800, map 17-03-31-42, is amended from Public Facilities and Open Space to Commercial as depicted on Exhibit A attached hereto and incorporated herein by reference. Section 3. The zoning for the property identified as tax lots 11700 and 11500, map 17- 03-31-42, is amended from PL Public Land to C-2 General Commercial, as depicted on Exhibit A attached hereto and incorporated herein by this reference. Section 4. Yf any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, 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 22nd day of November,1999 ,~ - ~~ City Recorder Approved by the Mayor this 22nd day of November, 1999 ./ Mayor ordinance - 2 a'Idt~S ~tt~5, EXHIBIT A 12th Avenue a~ a~ .~ 0 ..~ a~ a~ L 0 a~ c ~a u a~ v a~ ~~ Vicinity Map for Existing Library Site (RA 99-7; Z 99-18) Change of designation from Public Facilities /Open Space to Commercial; Change of zoning from PL Public Land to C-2 Generel Commercial a~ a~ a~ a~ ... Prepared by #~e ~i#y of ~~gene Planning Division N i ~8 13th Avenue 14th Avenue PROPERTY DESCRIPTION Beginning at the Northeast corner of the NANCY CHODRICK F Eugene, Oregon, as platted and recd IRST ADDITION to rded in Book 9, Page 4, Lane County Oregon Plat Records, said corner being the intersection of the We ' Street and the South margin of Thirtee ~ st marg~.n of Olive nth Avenue; and run thence South 0° 13' West slang the West margin of Olive Street 130 feet; thence West 338.50 feet on a line arallel wit run N°rth 89° 50~ P h the South margin of Thirteenth Avenue, to the East margin of Charnelton Street; thence run N along the East margin of Charnelton °rth 0° ~3' East Street to the Northwest corner of said NANCY CH4DRICK ADDITION to Eugene; thence run south e9° 50~ along the North line of said addit East 338.54 feet ion to the point of beginning, in Lane County, Oregon; ALSO: Beginning at the Northeast corner of the NANCY CHOD to Eugene, ae platted and recazded RICK FIRST ADDITION interseetio in Book 9, pa9e 4, said corner being the n of the West margin of Olive Street and the South mar i Thirteenth Avenue; run thence South p~ 13' S n of Weet along the West margin of Olf ve Street, 13 ~ feet to the true point of be inn' from said paint of be innin ru g~ ing of this description; g g n thence South 0 13' West along the said West margin of glive Street, 60.0 feet; thence North 89° parallel to the South max in of Th' 50 Weet 338,0 feet 9' irteenth Avenue; thence North 0° 23; East 6Q.Q feet along the East margin of Charnelton Stree o East 338.6p feet parallel to the t• thence South 89 SOl South margin of ~'hirteenth Avenue to the true point of beginning, in Eugene, Lane Count Dre o Yr g ri. I-7 EXHIBIT B FINDINGS IN SUPPaRT OF ORDINANCE NG. 24184 AMENDING THE JEFFERSnNIFAR wEST REFINEMENT PLAN DIAGRAM AND ZGNING FGR PRGPERTY IDENTIFIED AS TAB LGTS 11740 AND 11800, MAP 17- 43-31-42, The following findings pertain to the property identified as tax lots 11700 and 11500, map 17-03 -31- 42, as depicted on Exhibit A. CRITERIA FAR EVALUATING A REFINEMENT PLAN AMENDMENT The following criteria from EC 9.1452} shall be applied by the City Council in approving or denying a refinement plan amendment application: ~a} The Plan Amendment is consistent with the Metropolitan Area General Plan fib} The Plan Amendment is consistent with the remaining portion of the Refinement Plan, and (c} The Plan Amendment is found to address one or more of the following; 1. An error in the publication of the plan; 2. A change in circumstances in a substantial manner not anticipated in the plan; 3. Incorporation into the plan of new inventory material which relates to a Statewide goal; or 4. A change in public policy. Based on substantial evidence in the record, the Eugene City Council finds as follows: Refinement Plan Amendment Criterion ~a}: EC 9.145 2 a The Plan Amendment is consistent with the Metro olitan Area General Plan. The subject property is designated as Commercial on the Metro Plan Land Use Diagram. The proposed refinement plan designation of Commercial for the existing Library is consistent with the existing Metro Plan designation for this site. No changes in the text of the Metro Plan would be required for consistency with the proposed refinement plan amendment. Refinement Plan Amendment Criterion ~b}: EC 9.145 2 The Plan Amendment is consistent with the remainin ortions of the Refinement Plan The proposed plan amendment is a diagram amendment only, to allow the subject property to be Exhibit B -1 used for commercial uses. There are no requested changes to the plan text. The policies far Land in Public Ownership in the JeffersonlFar VL~est Refinement Plan contain a statement that "~w}hen changes in land uses occur for areas zoned public land, the City shall evaluate whether a change in the zoning district is necessary." Page 3 0} Other than this general statement, the Plan contains no policy direction in the event the Library is moved or ceases operation at this location. The proposed plan designation of Commercial is therefore consistent with the remaining portions of the Jefferson/Far Nest Ref nement Plan. The site of the existing Library is also included within the boundaries of the Downtown Plan. There are no specific plan designations or policies in that refinement plan which address this site. Refinement Plan Amendment Criterion ~c}: EC 9.145 2 c The Plan Amendment is found to address one or more of the following. 1. An .error in the ,publication of the elan; 2. A char a in circumstances in a substantial manner not antici ated in the lan~ 3. Inco oration into the lan of new invento material which relates to a Statewide oal~ or 4. A char e in ublic olic . The bond measure for the new library passed in November 1995. Following the recommendation from the Nest End Planning Advisory Committee, City Council approved the half block south of 10~' Avenue between Olive Street and Charnelton Street as the future site for the new Eugene Public Library. 1n August 1999, Council directed the City Manager to proceed with the sale of the existing Library. The construction of the new library in a new location, and the need for the sale of this public facility, represent a change in circumstances in a substantial manner not anticipated in the plan, which was adopted in January 1953, and a change in public policy. CaNSISTENCY WITH STATEWIDE PLANNING GGALS The proposed plan amendment is also consistent with the relevant statewide planning goals adopted by the Land Conservation and Development Commission. Goal 1, Citizen Involvement: To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. This refinement plan amendment application is subject to the public notification and hearing processes adopted by the City of Eugene in EC 9.11 S to 9.13 G. The amendment was considered at a public hearing before the Eugene Planning Commission. Notice of the Planning Commission public hearing was published in the Register-Guard. written notice of the Planning Commission public hearing was mailed to the owners and occupants of properties within 500 feet of the property, to persons who had requested notice, and to the neighborhood association. Exhibit B ~ 2 After receiving the recommendation from the Planning Commission, the City Council held a duly noticed public hearing on the record to consider approval, modif~catian, ar denial of the amendment. Gn November 9,1999, notice of this hearing was mailed to the applicant, persons who had requested notice, and the neighborhood association. These processes afford ample opportunity for citizen involvement consistent with Goal 1, Therefore, this amendment complies with Goal 1. Goal 2, 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 f actual base for such decisions and actions. This application to amend the JeffersonlFar west Refinement Plan diagram is consistent with refinement plan amendment provisions found in the Metro Plan, as codified in EC 9.138 - 9.148. The JeffersonlFar Nest Refinement Plan is a refinement of the Metro Plan, an acknowledged comprehensive plan pursuant to provisions specified by the Land Conservation and Development Commission. The amendment, and the process for reviewing the amendment application, followed the procedures outlined in the Eugene Code,1971, thus conforming with the established land use planning process consistent with Goal 2. Therefore, this amendment complies with Goal 2. Goal 3, Agricultural Land: ~'o preserve and maintain agricultural lands. There are no agricultural lands, by zoning, designation or use, included with or affected by this application. Therefore this Goal is not relevant and the amendment does not affect Metro Plan compliance with Goal 3. Goal 4, Forest Land; To conserve forest lands by maintaining the forest rand base and to protect the state's forest economy by making possible economically e~cient 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. There are no forest lands, by zoning, designation or use, included with or affected by this application. Therefore, this Goal is not relevant and the amendment does not affect Metro Plan compliance with Goal 4. Goal 5, Open Spaces, Scenic and Historic Areas, and Natural Resources: To conserve open space and protect natural and scenic resources. Exhibit B - 3 The subject property is not identified as a cultural or historic site, a natural resource area, a scenic site or open space to be protected. Based on this information, the proposed amendment does not affect Metro Plan compliance with Goal 5. Goal 6, Air, water and Land Resources Quality: To maintain and improve the quality of the air, water and rand resources of the state. The request under consideration does not involve a development proposal. This application is limited to an amendment of the refinement plan diagram and a zone change. 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 proposed amendment does not affect Metro Plan compliance with Goal ~. Goal 7, Areas Subject to Natural Disasters and Hazards: To protect life and property from natural disasters and hazards. There is no indication that the subject property is subject to natural disasters ar hazards. Therefore, the proposed amendment does nat affect Metro Plan compliance with Goal 7. Goal $ Recreational Needs: To satisfy the recreational needs of the citizens of the state and visitors and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. The subj ect property is not designated for recreation or park use in the Metro Plan or the willakenzie Area Plan, Based on this information, the proposed amendment does not affect Metro Plan compliance with 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. In 1992, the City adopted the Eugene Commercial Lands Study. Parts of this study were adopted as a ref nement to the Metro Plan, and complies with the requirements of Goal 9. The primary intent of this study was to determine the supply and demand for commercial land. The analysis is based an lands zoned for commercial use or designated for commercial use in the Metro Plan. Since the subject property, tax lots 11700 and 11800, are designated for commercial use in the Metro Plan, the proposed refinement plan amendment will not have an effect on the overall supply of commercial lands. The proposed amendment therefore complies with Goal 9. Goal 14, Housing: To provide for the housing needs of citizens of the state. There are no residential lands, by zoning, designation or use, included with or affected by this application. Therefore, this Goal is not relevant and the amendment does not affect Metro Plan Exhibit B - 4 compliance with Goal 1 U. Goal ll, Public Facilities and Services: To plan and develop a timely, orderly and eff cient arrangement of public facilities and services to serve as a framework for urban and rural development. The property currently has the full complement of urban services and facilities. Because no transition from rural to urban development is required, and no extension or addition of public facilities and services is needed as a result of the amendment, the amendment will not affect Metro Plan compliance with Goal 11. Goal 12Transportation: Ta provide and encourage a safe, convenient and economic transportation system. The proposed redesignation affects an existing developed site, with existing access and parking facilities. No new development proposals are included in this amendment. The proposed refinement plan amendment will not have a significant impact on the existing transportation facilities. Goal 13-Energy Conservation: To conserve energy, The area proposed to be redesignated for commercial use is adjacent to existing residential and commercial areas. Commercial uses could potentially enable greater conservation of energy by providing commercial destinations within walking distance of residential areas. However, it should be noted that this amendment involves only 1.5 acres currently in public use, to be redesignated for commercial use, and does not involve the consideration of a specif c development proposal. Any future development plan will be subj ect to the applicable energy efficiency requirements established in the building code. Based on this information, the proposed amendment will not affect Metro Plan compliance with Goal 13. Goal 14-Urbanization: Ta provide for an orderly and efficient transition from rural to urban land use. The subject sites are all within the Eugene city limits and the Urban Growth Boundary, and have all necessary urban services. The property is not being converted from rural to urban land use. Therefore, the amendment will not affect Metro Plan compliance with Goal 14. Goal 15 Willamette River Greenway: To protect, conserve, enhance and maintain the natural, scenic, historical, agricultural, economic and recreational qualities of lands along the YYillamette River as the Willamette River Greenway. The subj ect properly is not within the willamette River Greenway. Therefore, the amendment will not affect Metro Plan compliance with Goal 15. Exhibit B - 5 Goals 16 through 19 Estuarine Resources, Coastal Shorelands, Beaches and Dunes, and Ucean Resources}: These goals do not apply within the Metro Plan area. CRITERIA F4R EVALUATING A ~(]NE CHANGE The applicant has requested a concurrent zone change as provided for in EC 9.6743}. The following criteria from EC 9.67$ shall 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 1} can be served through the orderly and efficient extension of key urban facilities and services prescribed in the Metropolitan Area General Plan, and 2} are consistent with the principles of compact and sequential growth. ~b}: The proposed change is consistent with the Metropolitan Area General Plan 1 }applicable text, 2} speci~.c elements related to the uses listed in the proposed zoning districts, and 3}applicable land use designations. The written text of the plan takes precedence over the plan diagram where apparent conflicts or inconsistencies exist. ~c}: The proposed zone change is consistent with applicable adopted neighborhood refrnement plans, special area studies, and functional 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 f nds: Zone Change Criterion (a): Section 9.678 a :The uses and densi that will be allowed in the location of the ro osed than e 1 can be served throu h orderl and efficient extension of ke urban facilities and services rescribed in the Metro olitan Area General Plan and Z are consistent with the rinci Ies of tom act an seQuen .. P - T ~ ~~a~.gxowth. This property is currently served by the full range of City services. Any potential increased density or use of the property is expected to be able to be served with urban services. The proposed zone change is consistent with the principles of compact and sequential growth since it would stimulate reuse andlor development of the property in an existing developed area. Zone Change Criterion ~b}: Section 9.678 b :The ro osed than a is consistent with the Metra olitan Area General Plan 1 a licable text Z s ecific elements related to the uses listed in the ro osed zonin districts and Exhibit B ~ 6 3 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. The Metro Plan diagram shows the area as being designated Commercial, consistent with the proposed zoning, There are no Metro Plan policies which provide speci~.c direction for the proposed zone change from PL Public Land to C~~ General Commercial. Zone Change Criterion ~c}: Section 9.678 c : The ra osed chan a is consistent with a licable ado ted nei hborhood ref nement laps s ecial area studies and functional cans. In the event of inconsistencies between these laps or studies and the Metro olitan Area General Plan the latter is the revailin document. The policies for Land in Public Gwnership in the JeffersonlFar west Refinement Plan contain a statement that "~w}hen changes in land uses occur for areas zoned public land, the City shall evaluate whether a change in the zoning district is necessary." At the present time, a change inland use and zoning is proposed for the existing Public Library, since design and construction is underway for the new Eugene Public Library in a different location. This zone change is being processed concurrently with an amendment to the JeffersonlFar West Refinement Plan, ~f the JeffersonlFar west Refinement Plan amendment is approved, the proposed change in zoning to C-2 General Commercial will be consistent with the commercial designation, Refer to the related refinement plan amendment discussion, above. Exhibit B ~ 7