HomeMy WebLinkAboutOrdinance No. 19678ORDINANCE NO. ~'~ b ~ v
AN ORDINANCE AMENDING THE WHITEARER REFINEMENT
PLAN; AND DECLARING AN EFFECTIVE DATE.
The City Council of the City of Eugene finds that:
i. The Whiteaker Refinement Plan was adopted by the City
Council by Resolution No. 2899 in May, 1978. 0n April 13, 1987
ordinance No. 19460.was adopted by the Council and approved b the
Ma or amendin the White y
Y g aker Refinement Plan and repealing
Resolution No. 2899,
~. on October 19, 1989, Gray's Seed and Garden Supply
Gray's}, requested an amendment to the Whiteaker Refinement Plan.
The Planning Division referred the request to the chair of the
Whiteaker Community Council. on November 8, 1989 the Whiteaker
Community Council considered the proposed amendment and noted
concerns about the scope of the plan amendment. Based on these
comments, the proposed amendment was modified,
3, on December 11, 1989 the Planning Commission reviewed the
revised amendment and classified it as a minor plan amendment.
This action allowed Gray's to submit a formal plan amendment
application.
4 . on January l7 , 19 9 D Gray's submitted a f armal appl icat i vn
to amend the Whiteaker Plan.
5, on January ~2, 1990 the Planning Division provided notice
of the official application to the Whiteaker Community Council.
on February 2, 1990 written notice was mailed to the owners and
occupants of property within 400 feet of .the subject property. On
February, 23, 199q a display ad appeared in the Re ister Guard
advertising the Planning Commission's public hearing.
~. on March 6, 1990 the Planning Commission conducted a
public hearing on the proposed plan amendment. Based on the
written record and public testimany, the Planning Commission
recommended approval of the plan amendment attached hereto as
Exhibit A ~ 7 : 4 } .
7. on March 26, 1990 the Planning Commission adopted the
findings set forth in Exhibit B hereto in support of the refinement
plan amendment.
S, The City Council held a public hearing on the proposed
plan amendment on April 9, 1990.
9 . Based upon the written record and testimany at the public
ordinance -- 1
hearings, the proposed amendment is found to be consistent with
the Eugene-Springfield Metropolitan Area General Plan and the
unamended portions of the Whiteaker Refinement Plan.
14. The proposed amendment will not affect the overall land
use allocations in the Metropolitan Area General Plan or the
Whiteaker Refinement Plan.
Nora, THEREFORE,
THE CITY CF EUGENE DQES ORDAIN AS F4LLO'WS:
Section i. The above findings and the findings set forth in
Exhibit B hereto are adopted.
Section 2. The text accompanying the Whiteaker Refinement
Plan Land Use Diagram on page 14 of the Plan is amended as shown
on Exhibit A attached hereto and incorporated herein by reference.
Section 3. Except as herein amended, all other provisions of
the Whiteaker Refinement Plan remain in full force and effect,
Section 4. This ordinance shall become effective thirty days
after the date of its adoption by the Council and approval by the
Mayor,
Passed by the City Council this
9th day of April, 1990
~~~
City Recorder
Approved by the Mayor this
9th d~„ o April, 1990
/~
~~
ayor
ordinance -- 2
EXHIBIT A.
The Whiteaker Refinement P1 an Diagram text on page 14 pertaining to the area
designated as "RAM & H} MEDIUM- AND NIGH-DENSITY RESIDENTIAL AREA" is amended
to read as follows:
R(M & H) MEDIUM- AND HIGH-DENSITY RESIDENTIAL AREA
An area appropriate far medium- and high-density residential development at
dens~t~es up to 4o units per acre, consistent with the predominant R-3
Multiple-Family Residential District zoning: Existing development is a mix of
single-family and multiple-family residential use. The RAM & H} designation
calls for rezoning of industrially-zoned, but residentially developed parcels
along both sides of 3rd Avenue. Site Review should be required for properties
along the north side of 3rd Avenue if new development is proposed at R-3
density, to address the potential impact of industrial development and the
adjacent Southern Pacific Railroad tracks. A low-density. residential zoning
designation may be applied to the parcel located at the southwest corner of
5th Avenue and Madison Street. Site Review should be required in conjunction
with any law-density residential zoning applied to that property to assure
that permanent, non-residential structures are not developed on this parcel
and to assure compatibility with surrounding property.
If the southwest corner is the subject of a request for rezoning, the City
shall consider application of site review. Factors to consider at the time
the Site Review is attached include:
~ : Eva1 uate vehi cut ar access to the site from adjacent resi denti a1
streets i n order to prevent traffic impacts on the resi denti a1 area.
2. Evaluate pedestrian access from adjacent residential streets onto
the subject site i n order to avoid customer and employee parking on
surrounding residential streets,
3. Evaluate customer and employee parking needs to minimize spi 11 over
parking on adjacent residential streets.
4. Review the storage and application of ferti 1 i zers and other
chemicals on the site to address impacts on adjacent resi dents,
t.
EXHIBIT B,
March 2fi, 1990
FINDINGS AND CONCLUSIONS OF THE EUGENE PLANNING COMMISSION
RE: REQUEST FOR AMENDMENT TO WHTTEAKER REFINEMENT PLAN BRA 90-1}
I: INTRODUCTION
Background
0n October 19; 1959; a 1 etter was received from Jim Saul on beha1 f of Gray' s
Seed and Garden Supply requesting an amendment to the Whiteaker Refinement
Plan.
"The hat f-b1 ock south of 5th Avenue between Madison and Monroe Streets,
contai ns a mi x of uses, Existing uses include residences 1 ocated on
property zoned R-3; a commercial building on property zoned C-Z; a
warehouse on, property zoned R-3; and a vacant parcel : Expansion of
adjacent busy nesses that front on 6th Avenue may be permitted here,
provided: 1 } the expansion occurs on property that i s contiguous with
the existing business except for the intervening alley; 2 } the types of
uses perms tted are carefully controlled; and 3 } site review procedures
are used to control impacts on the surrounding residential area:"
The P1 anni ng Division referred the request to the chair of the Whiteaker
Co~munity Council: On November 8; 1989; the Whiteaker Community Council
considered the proposed amendment and primarily shared concerns about the
scope of the plan change and the possibility that non-residential structures
could be constructed on the site; thus creating compatibility problems with
surrounding residences and reducing the passibility of future use of the site
for housing: Based on the neighborhood group's concerns; Jim Saul modified
the proposed amendment to read as follows:
"A 1 ow-density residential designation may be applied to the parcel
located at the southwest corner of 5th Avenue and Madison Street: Any
1 ow-density residential zoning app1 i ed to that property shout d
~ ncorporate prove s~ ons why ch assure that permanent, non-rest denti a1
structures are not developed on this parcel : "
On December l 1; 19$9; the Planning Commission reviewed the revised amendment
and c1 asst fi ed i t as a mi nor plan amendment. This action allowed Gray's to
submi t a formal appl i cats on
On January 17, 1990; Gray's submi tted a formal application to amend the
Whiteaker Plan: Based on the comments from the commission; the amendment was
again revised to specify that the RA zoning district would be allowed and that
s~ to revs ew would be requ~ red to assure that permanent, non-residential
structures are not built and to assure compatibility with surrounding
residential properties:
FINDTNGS AND CONCLUSIONS--1
4n January 22; 1994; the P1 anni ng Division provided notice of the offici a1
appl ~ cats on to the Whi teaker Community Counci 1 and to the Lane Transit Di s
trict: LTD was notified due to the location of a bus stop on the south side
of 5th Avenue i r~nedi ately north of the subject property: ~ On February 2;
1994; written notice was mailed to the owners and occupants within 400 feet of
the, subject property: , On February 23; 1990; a di sp1 ay ad appeared i n the
Rego ster-Guard adverts s~ ng the P1 anni ng Commission's public hearing: 4n
Marc , ,the Planning Commission conducted a public hearing and recom-
mended approval of the proposed amendment ~7:0~: During the public hearing;
the president of the Whi teaker Community Council stated that the neighborhood
group supported the proposed amendment, and encouraged an update of the
Whi teaker Refinement P1 an:
Surmnary of Proposed Amendment
Gray's requests an amendment to the Whi teaker Refinement Plan to change the
P1 an Diagram text as i t affects one tax 1 of 1 ocated on the southwest corner of
5th Avenue and Madison Street: The Whiteaker Neighborhood Plan states that
the site i s appropriate for medium- and hi gh-density residential use:
Existing text pertaining to the area i s included on page 14 of the Whi teake r
Refinement P1 an: The proposed new plan 1 anguage i s as fo11 ows:
"A 1 ow-density resi densi a1 zoning designation may be applied to the
parcel located at the southwest corner of 5th Avenue and Madison
Street: Site review should be required i n conjunction with any 1 ow-
densi ty residential zoning applied to that property to assure that
permanent non-residential structures are not developed on this parcel;
and to assure compati bi 1 i ty with surraundi ng property: "
The requested plan change is intended to provide the basis for a subsequent
rezan~ ng request to RA Suburban Resi denti a1 and use of the 1 of for expansion
of the Gray's Seed and Garden Supply business:
Existing P1 an Designation; zoning; and Land Use
The property is located on the southwest corner of 5th Avenue and Madison
Street. It is designated in the Whi teaker Refinement P1 an as part of an area
appropriate for medium- and hi gh-density resi denti a1 uses: It i s currently
zoned R-3 Multiple-Fami 1y Resi denti a1; as are al i other 1 ots on the block that
front 5th Avenue: The parcel is currently undeveloped; although employees of
Gray's Seed and Garden Supply use the 1 of for parking: ~Emp1 oyee parking i s
not an allowed use under the existing zoning regulations.
The subject property is approximately 10;688 square feet; or about a quarter
acre i n size; Property to the south of the subject praperty a1 ong 6th Avenue
~ s zoned and des gnated for commerci a1 use. Praperti es to the west; north;
and east of the subject property are all designated i n the Whi teaker Refi ne-
ment Plan as appropriate for medium- and hi gh-density residential uses; and i n
general are zoned R-3 Mul ti p1 a-Fami 1y Residential : Resi denti a1 1 and uses
north of the alley include si ng1 e-family; duplex; and mul ti p1 e-family resi den-
ti a1 developments: The properties adjacent to the subject praperty are i n the
1 ow-densi ty, range: There are two non-resi denti a1 uses north of the alley:
One i s a pry nt~ ng company; the other i s a warehouse used by the operator of
Gray's,
FINDINGS AND CONCLUSIONS--2
Zani ng History i n the Area
In 1948; when the City of Eugene adopted its first comprehensive zoni n ordi -
nance ro ert frontin g
p p. y g West fith Avenue. between Jefferson and Blair was zoned
for commercial use. The a11ey going east-west between West 5th Avenue and
West 5th Avenue was the boundary between commercial and resi dential zonin ;
with the exce tion of ro r ' g
p p pe t~ es a1 ong B1 a1 r ~ tsel f. Property north of the
alley was zoned R-3 Mu1 ti pl a-Farm ly Resi denti a1: In general ;this broad zoni n
attern remains toda : g
P Y
In Apri 1 1989; Gray's Seed and Garden Supply submi tted a request to chap a the
zone n on the sub ect ro r g
g ~ p pe ty from R-3 Mul t~ pl a-Fame 1y Res dents a1 to RA
Suburban Res dents al . The RA zone ng was requested to allow Gray's to ex and
and use the site for the ~ p
storage and dT spl ay of plant materi a1 s.
The Hearings Official denied the request: Later; following an a eal , the
pp
Planning Cammi ssi on denied the proposed rezone ng request: Factors cited i n
the deny al of the RA zoning request included that: 1 } i t woul d not be
cansi stmt with the Metro P1 an or refinement plan desi gnati an of medi um-
densi ty residential use; 2 } i t woul d not be consistent with Metro P1 an
policies regarding compact urban growth or promotion of higher residential
densities near the downtown area and other major employment centers ; and 3 } i t
would be inconsistent with the Whi teaker Refinement P1 an as i t would chap e
the border between corm ~ g
erc~ al and resi dents al uses.
II: APPLICABLE CRITERYA
Section 9:145 of the Eugene Code requires that a proposed refinement plan
amendment be consistent with the fo11 owi ng criteria :
a: The plan amendment is consistent with the Metropolitan Area General
P1 an;
b: The p1 an amendment i s consistent with remaining portions of the
refinement p1 an; and
c: The plan amendment i s found to address one or more of the fa11 owi ng:
1: an error i n the publication of the plan;
2: a change of circumstances in a substantial manner not
incorporated i n the plan;
3: incorporation into the plan of new inventory material which
ref ates to a statewi de goal ; or
4: a cha nge i n public policy;
FINDINGS AND CONCLUSIONS-~-3
III: FINDINGS OF THE EUGENE PLANNING CoMMISS~oN
Each criterion i s 1 i steel below; followed by findings of the Eugene P1 anni ng
Corr~i ssi on:
Section 9:145 ~ 2 } ~ a } : The plan amendment i s consistent with the Metropol -
itan Area Genera] Plan:
The Metro Plan Diagram delineates the area generally between Jefferson Street
on the west; commercial boundary north of 6th Avenue on the south; B1 ai r
Boulevard on the west; and the rai 1 road tracks on the north as M7 xed-Use, with
an underlying designation of Medium-Density Residential : The mixed-use
designation recognizes areas where more than one use might be suitable and
provides for further delineation of apprapri ate land-use patterns based on a
refinement plan:
The Whiteaker Refinement P1 an Diagram; found on page 13 of the plan; deline-
ates the Metro P1 an mixed-use area into primari ly a medi um- and high-density
resi denti a1 subarea ~ 1 ocati on of subject property } and portions of two other
i ndustri a1 subareas: The Metro P1 an also has another Mixed-Use designation i n
Whiteaker north of the railroad tracks: The Whiteaker P1 an Diagram delineates
this area into primari ly a mixed-use subarea; a sma11 i ndustri a1 subarea; and
a portion of a l ow-density resi denti a1 subarea:
C1 early there i s a ,precedent for a ref i nement plan creating greater spec i f i c-
~ ty for land uses ~ n a Metro P1 an m~ xed-use area. There i s also precedent for
more than one zoning district being appropriate i n a ref i nement plan subarea:
The proposed amendment to the Whiteaker Refinement P1 an is found to be
consistent with the Metro P1 an Diagram:
The Metro P1 an contains the fo11 awi ng key metropal i tan goals:
1: Use urban; urbani zabl e; and rural 1 ands efficiently:
~: Provide viable resi denti a1 communities so al 1 resi dents can choose
sound; affordable housing that meets individual needs:
3: Broaden; improve; and diversify the metropolitan economy whi 1 e
maintaining and enhancing the environment:
These goals; dealing with growth management; housing; and the economy; provide
the broad framework for evaluating the proposed amendment to the Whiteaker
Refinement P1 an: In addition; each goal contains related pot i ci es and ob j ec-
ti ves: Below are a few of the applicable pot i ci es and objectives and P1 anni ng
Commission findings:
"Encourage development of suitable vacant; underdeveloped, and redevel-
opabl a land where services are available; thus capi tat i zi ng on publ i c
expenditures already made for those services:" Page II-B-3; No: 8}
The proposed amendment and a subsequent request for RA zoning with the site
review subd~str~ct and expansion of Gray's to include a nursery on this site
encourages use of a vacant parcel: Once the property was zoned RA; the
proposed amendment would prohibit any permanent, non-residential structures.
FINDINGS AND CONCLUSIONS--4
r~
R
This would allow the site to be rezoned back to R-3 i n the 1 ong term and used
for multiple-family housing: The intent of the Metro Plan to faster level op-
ment ~ n order to caps tal ~ ze on public expenditures made to serve an area i s
being met;
"Encourage a vari ety of new residential development i n and near the
downtown area:" {Page III-A-6; No; ll}
"Encourage higher-density residential level opment near industrial and
commercial centers throughout the metropolitan area." {Page III-A-1;
No. 30}
The subject property i s located near the downtown area and other significant
commerce al and ~ ndustr~ al centers. It i s currently designated i n the
whi teaker P1 an for medium- and high-density residential use; The change to
the plan text waul d al l ow a 1 ow-density residential zoning designation but
would not preclude the use of the site for higher density residential level -
opment i n the future: In addition; the site i s only about one quarter acre i n
s~ ze. Development of the site for anon-house ng use at this time waul d have a
negligible impact on the density of the area and the overall inventory of
residential 1 and available i n the co~nuni ty:
The applicant cites the fo1 l owi ng objective i n support of the proposed
amendment:
"Supply an adequate amount of land within
accommodate: a} the diversifying manufac
pal l uti ng; energy-efficient manufacturing
existing businesses; and c} the expansion
regional distribution; trade; and service
No 1 5--as revised }
the urban growth boundary to
turfing sector {especially low-
uses } ; b } the expansion of
of the metropolitan area as a
center:" {Page III-B-4;
The P1 anni ng Commission concurs with the applicant that there i s strong support
for providing land to accommodate the expansion needs of existing businesses.
The corr~i ssi on; however; does not view the objective as a bl anket endorsement
of expansion requests that will reduce avai 1 abl a sites from the housing i nven-
tory or impact existing resi denti a1 areas:
In this specific case; the expansion of the business does not preclude future
use of the site for housing; Due to the nature of the business; compatibility
concerns can be addressed during the site review process: Based on the above,
the amendment is consistent with both the Metro Plan Diagram and the Metro
Plan text.
5ecti on 9:l 45 { 2 } {~ }: The plan amendment i s consistent with the
remaining porti ans of the refinement plan:
The plan amendment i s very narrow i n scope and al l ows a l ow-density resi den-
tial zoning designation on a specific vacant parcel in a larger area planned
for med~ um- and high-dense ty resi dents al use. Excluding roads and alleys, the
overall net density i n the area i s about l 8 dwel 1 i ng units per acre; Excluding
parcels that are not currently i n resi denti a1 use; the density increases to
about 23 units per acre; The Metro Plan defines the range for medium-density
as between 10 and 20 units per gross acre:
FINDINGS AND C4NCLUSI4NS--5 ~~~~~~~ ~'
y
Based on the density level and the size of the subject property; the P1 anni ng
Commission finds that the proposed plan amendment will not have an overall
impact on the area's density:
The Whiteaker Refinement Plan contains several policies that encourage
improving the quality of resi dents a1 structures; promoting varied housing
opportunities; and preventing conversion of housing resources to non-resi den-
ts a1 use: The subject property was formerly the site of an a1 der si ngl e-
fami ly residence: The structure was not maintained aver the years and was
ultimately demolished about l0 to 14 years ago: While the proposed plan
amendment does not result in the loss or conversion of existing housing to
non-residential use, approval of the specific prapased amendment is not to be
viewed as a precedent for future plan amendments that may impact additional
property to the west of the subject property owned by the members of the Gray
family and currently in residential use:
Based on the above; the Planning Commission finds the plan amendment consistent
with remaining portions of the Whiteaker Plan:
Sects an 9:1 ~5 { 2 ~ { c ~ : The plan amendment i s found to address one ar mare
of the fo11 awi ng:
1: An error i n the publication of the plan;
2L A change of circumstances in a substantial manner not anticipated in
the p1 an;
3: Incorporation into the plan of new inventory material which relates
to a statewi de goal ; or
4: A change in public policy:
The P1 anni ng Co~ni ssi on concurs with the applicant's statements that there
have been changes i n public pot i cy since the Whiteaker P1 an was adapted i n
1978: These changes indicate broad support for encouraging expansion of
existing businesses and integration of compati b1 a non-resi dents a1 uses wi thi n
residentially designated areas; As stated earlier; support for expansion of
existing businesses does not override an established boundary between
cornnerci a1 and residential use; nor take precedence over housing-~rel ated
pot ici es aimed at preserving existing resi dents a1 areas:
In this specific case; the proposed amendment allows for expansion of an exi st-
ing business and the expansion can be done in a manner compatible with the
surrounding residential area, The P1 anni ng Commission does not view the pro-
posed amendment as a shi f t i n policy regarding the overall boundary between
the comnerci al land uses fronting West 6th Avenue and the resi dents a1 1 and
uses fronting West 5th Avenue; The amendment i s specific only to the one tax
1 of and i s not to be seen as a precedent for further non-resi dents a1 uses
along West 5th Avenue:
The Planning Commmission finds that the plan amendment addresses changes in
public pot i cy regarding local business expansions and that the plan amendment
i tsel f i s found to be a change i n public policy regarding the specific tax 1 ot:
FINDINGS AND CONCLUSIONS--6
Summary and Conclusions
Based on information provided prior to the public hearing and staf f comments
and public testimony presented at the public hearing; the Planning Commission
finds that the proposed plan amendment meets al 1 of the criteria far approval :
The Pl ann~ ng Comma ss~ an reco~nends approval of the proposed amendment submi t-
te d by Gray's
IV: PLAN AMENDMENT IMPLEMENTATION
The proposed plan amendment states that "Site review should be required in
conjunction with any 1 ow-density resi denti a1 zoning applied to that property
to assure that permanent; nan-residential structures are not developed on this
parcel and to assure compati bi 1 i ty with surrounding property: "
The requested plan change is intended to provide the basis far a subsequent
rezone ng request to RA Suburban Resi denti a1 and use of the 1 of for expansion
of the Gray's Seed and Garden Supply business: Based on the testimony at the
public hearing; the Planning Commission identified the fo1 l owl ng issues to
consider at the time site review i s attached to the property:
l : Eva1 uate vehi cut ar access to the site from adjacent residential
streets in order to prevent traffic impacts on the residential area.
2: Evai uate pedestrian access from adjacent residential streets onto
the subject site i n order to avai d customer and employee parking on
surrounding resi denti ai streets:
3: Evaluate customer and employee parking needs to minimize spi 11 over
parking on adjacent residential streets:
4: Review the storage and application of ferti 1 i ze rs and other
chemicals on the site to address impacts on adjacent resi dents:
The findings are adopted by the Eugene Planning Commission this 26th day of
March, 1994:
PL182
FINDINGS AND CDNCLUSI4NS--7