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HomeMy WebLinkAboutOrdinance No. 19762ORDINANCE NO. ~ ~1 ~ ~o a. AN GRDINANCE AMENDING THE BETHEL-DANEBO REFINEMENT PLAN MEDIA CRAFTS ASSGCIATES, RA 94-2~. The City Council of the City of Eugene finds as follows: A. In october,1990, Media Craft Associates applied for two amendments to the Bethel-Danebo Rebnement Plan. A diagram amendment was sought to change the designation of Tax Lots 5101, 5102, and 8240 Assessor's Map 17-04-27-21~ as depicted on the map attached as Exhibit A and incorporated herein by reference, from Low-Density Residential to Mixed Use. A text amendment was requested to add language describing the mixed uses appropriate far this area in the event that the diagram change was adopted. . B. The proposed plan amendment was classified by the Eugene Planning Commission as a minor amendment on November 13, 1990. C. on February 11, 1991 the Eugene Planning Commission denied the requested plan amendments and adopted findings and conclusions. A timely appeal to the City Council followed. D. A hearing on the appeal was held by the City Council vn April 5, 1991, at which time the Council considered the February 11, 1991 findings and conclusions of the Eugene Planning Commission denying the requested amendments; the findings and conclusions in support of the amendments set forth in the Planning & Development Department staff notes and applicant's statement, attached as Exhibits B and C hereto and incorporated herein by reference; and the testimony presented. Based thereon, the Council finds that the proposed amendments are consistent with relevant policies of the Eugene-Springfield Metropolitan Area General Plan, and are consistent with other portions of the Bethel-Danebo Refinement Plan. NSW, THEREFGRE, THE CITY GF EUGENE DGES (IRDAIN AS FaLL4WS: Section 1. The above findings, and the findings and conclusions set forth in the Planning & Development Department staff notes and applicant's statement attached as Exhibits B and C hereto are adapted. Section 2. The action of the Eugene Planning Commission denying the requested ordinance - 1 plan amendments is reversed, Section 3. The Bethel-Danebo Rebnement Plan Diagram is amended by changing the designation for the properly depicted an the map attached as Exhibit A hereto from I.ow-Density Residential development to Mixed Use, Section 4. The Bethel-Danebo Rehnement Plan Text is amended to describe the nature and purpose of the mixed use designation for the property depicted on the map attached as Exhibit A hereto as allowing a mixture of residential uses and non-residential uses including video production, business support services, and limited related retail sales, to be more particularly described at the time of Planning Commission and Council action on the Mixed Use zoning district. Passed by the City Council this 22nd day of April, 1991 .t~~;~'~y City Recorder Approved by the Mayor this 22nd day of April, 1991 ~f ~ ~ ,' -' J ~~ `~ ~~~ r ?~ ~; Mayor ordinance - 2 aNPL~CA`f ~~l~; !1!e name : ~1e~1a Craf! Assoc, f1le #: (RA 50•~J Tax lot: 82DD, 81D~, 8fD2 Assessors Map: i7 - D4 - ~7 - 21 Located on the north side of Elmira Road, wes# of Berntzen Road REQUESTS an amendment to the Bethel-Danebo Ref(nement Plan to designate the property for Mlxed Use development that would allow a mixture of residential' uses and non-resfdent(al uses Including video production, business support services and limited related reta(I sales. Applicant: Media Graft Associates, Jesse Nazareth L ~ .J ~ f „,~ +~ Be11 AVP_ ~ ~ z c c a~ c~ n ~+~u~r~a 1tUdQ RA ~ ~A s. RA o U S.. .,... Alban S~; RA 0' 250' 0 N C ~. N fll r R7 V7 .,.. PRELIMINARY STAFF NOTES Re nest for Amendment to Refinement Plan and Creation of Mixed Use fl~ctrirt Media Craft Associates ~RA 90-2 Tax Lots 8200, 8101, and 8102--Assessor's Map 11-04-21-2 1 located on the north side of Elmira Road, west of Berntzen Road Requests an amendment to the Bethel-Danebo Refinement Plan and creation of a Mixed Use zoning district to designate property for mixed use de- velopment that would allow a mixture of low density residential uses and non-residential uses, including video production, business support ser- vices, and limited related retail sales. Applicant: Media Craft A~saciates, Jesse Nazarath Background Information In October 1990, the Planning and Development Department received a letter from Jim Saul, representing Media Craft Associates, requesting an amendment to the Bethel -Danebo Refinement Plan . The Planning Division referred .the request to the chair of the Active Bethel Citizens neighborhood organization. The neighborhood group did not respond to this initial referral. On November 13, 1990, the request was reviewed by the Planning Commission to determine whether the request should be classified as a major or minor amend- ment. It was the determination of the Planning Commission that the request should be considered a minor amendment. The question was raised in commis- sion discussion whether creation of a mixed use designation and zoning dis- trict was the best approach as opposed to dividing the property into two zoning districts. This issue is discussed in the applicant's statement on page 2. The area of this request located on the north side of Elmira Road, west of Berntzen Road, consists of 4.74 acres and is zoned RA Suburban Residential zoning district. The property is occupied by several buildin s,.includin a . g g . largee19,00o square foot ~ndustr~al bu~lding, a smaller 1,000 square foot bu~ld~ng, parking areas, a former fire station, and a residence. Property surrounding this request is all developed in law-density residential develop- ment with the exception of Fire Station #8 located on Berntzen Road. These areas are zoned either RA or R-1. zoning districts. Elmira Road is not im- proved to City standards and does not have curbs, gutters, or sidewalks along the frontage of this request. This property has been used for nonresidential uses far a number of years. The applicant's statement includes a history of uses on this site, including a tractor sales and service business in the 1930s and Goodwill Industries STAFF NOTES--Eugene Planning Commission January 22, 1991 Page 1 between 1962 and 1987. Since that time, the applicant has attempted to use the property for other nonresidential uses, but has ceased. these uses due to zoning enforcement action by the City. In 1988, the current owner submitted a request for rezoning of the property from RA Suburban Residential District to C-1 Neighborhood Commercial Dis- trict. A number of residents in the vicinity testified in opposition to the zone change citing traffic concerns, lack of pedestrian access, and compati- b~1~ty issues as reasons far denying the zone change request. The Hearings Official ultimately denied the zone change request. A copy of his decision is attached to these staff notes as background. Present Re uest The application submitted includes two changes to the Bethel-Danebo Refine- ment Plan and a proposed new MU Mixed-Use zoning district. These changes are as follows: 1. An amendment to the Bethel-Danebo Refinement P1 an Diagram changing the designation for this property from Low-Density Residential development to Mixed Use. 2. ~ An amendment to the Bethel-Danebo Refinement Plan text describing the nature and purpose of the mixed-use designation for this property as follows: Elmira Road Mixed-Use Area There is an area on the north side of Elmira Road that has been used for a variety of industrial and commercial purposes far a number of years, including use by Goodwill Industries. Existing improvements on the property include an industrial/commercial structure with approximately 19,000 square feet of floor area, a smaller building containing about 1,044 square feet, parking areas, a former fire station, and a resi- dence. The site contains some vacant land that could be developed resi- dentially in the future. This site is generally surrounded by low-den- s i ty res i dent i a1 development . In view of the long-standing use of this property for non-residential purposes, it is appropriate to allow that to continue and to provide for reuse of the existing substantial improvements on the property. Howev- er, the types of uses permitted on this site need to be strictly con- trolled to prevent conflict with surrounding residential uses, It is desirable to ensure that portions of this site be developed residential- ly in the future. A mixed use designation provides a mechanism for allowing a limited range of nonresidential uses on this property while simultaneously re- quiring that a portion of the site be developed with residences. Any mixed-use zoning applied to the property should: ~a} limit the types of uses to those that will have minimal impact an the surrounding area; fib} control the type of retail activities carried out; and ~c} specify a minimum percentage of the site to be developed with residential uses. STAFF NOTES--Eugene Planning Commission January 22, X991 Page 2 3. The creation of the Mixed-Use zoning district which could be applied to this site upon changing the refinement plan designation. A draft of the Mixed Use zoning district prepared by the applicant is attached to these ` staff notes as the last. three pages of the applicant's statement. Evaluation of Refinement Plan Amendment A request for amendment of a refinement plan must address the criteria con- tained in Section 9.145 of the Eugene Code. The analysis presented below supplements the evaluation provided by the applicant. Section 9.145(2)(a): The plan amendment is consistent with the Metro- politan Area General Plan; The Metropolitan Area General plan is a metro-wide land use policy plan and only provides general direction for land use decisions such as this request. The Residential Land Use and Housing Element, as indicated in the applicant's statement, contains a policy that recognizes the appropriateness of mixed use development in special cases: Polic 15 Investigate and when advisable implement mixed use zoning, particularly in established neighborhoods where compatible and function- al mixes already exist. Page III-A-6 The area of this request is an established neighborhood of law density resi- dential development and the site contains a mixture of non-residential and residential uses and structures. The proposed Mixed-Use zoning district would allow a limited type of nonresidential uses that in many ways are less intrusive than the range of uses permitted in the C-I Neighborhood Commercial zoning district. Given the character of the area and the site, the Metro P1 an seems to support a compatible mixed use development in this circum- stance. Polic 16 Encourage location of nonresidential uses, such as neighbor- hood commercial and small-scale light industry, within residentially designated areas when those auxiliary uses are compatible with refine- ment plans, zoning ordinances, and other 1 oval controls for al 1 awed uses in residential neighborhoods. Page III-A~6 The request to reuse this property fora combination of nonresidential and residential uses would meet the intent of this policy by allowing the use of the existing nonresidential buildings far small-scale commercial and business uses. The operational nature of these uses will have less impact in terms for customer traffic and intensity of activity than would a neighborhood commercial retail center or the previous use of the property far Goodwill Industries. The Economic Element of the Metropolitan Area General Plan contains the fol- lowsng policy that is also relevant to this request: Po1ic I8 Review local ordinance and revise them to promote greater flexibility for promoting appropriate commercial development in residen- tial neighborhoods. Page 111-8-6 STAFF NOTES--Eugene Planning Commission January 22, 1991 Page 3 r,,,~.` tT~. } The Eugene Zoning Code allows the establishment of a Mix-Use zoning district upon meeting the factors as outlined in the code and a finding of consistency with local adapted plans and policies. The above policy appears to support the use of the mixed-use zoning tool far a situation such as this property. The traditional RA and R-I law-density residential zoning is very limited in allowing the reuse of this property efficiently using-the existing nonresi- dential buildings in a manner that is compatible with the surrounding resi- denti al area. = Overall, it is the conclusion of the staff that the Metropolitan Area General Plan provides palicy direction for considering a mixed-use designation for this property due to the unique history of nonresidential uses on the site and mixture of buildings and uses on the property; Section 9.145~2~~b~: The plan amendment is consistent with remaining partions of the refinement plan Bethel-Danebo Refinement Plan The Bethel-Danebo Refinement Plan is the governing plan for this area. Zt was originally adopted in I975 and amended in I982 by the City Council. The area of this request is shaven on the plan diagram on page 6 and is designated far low-density residential development as is mast of the surrounding area bordered by Highway 99 an the east, Beltline Road on the west, Barger an the north, and Roosevelt Boulevard to the south. There is no reference to the previous uses of this property by Goodwill In- dustries or any other special mention of this site in the plan text. other partions of the Bethel-Danebo area are addressed specifically, such as the Bethel Triangle area, and development Hades at Barger and Beltline roads and at Royal and Danebo avenues. The General Land Use palicy on page 3 of the Bethel-Danebo plan provides only general direction and is as follows: Pow i~ . I. The following land use designations in the Eugene-Springfield Metropoli- tan Area General P1 an shat l be maintained: a. low-density residential development in most of the plan area; b. a commercial node on Highway 99 North and three commer- ci al/residenti al development nodes i n the plan area; c. medium density residential development around Highway 99 North commercial node and the three development nodes. ~n conclusion, the Bethel-Danebo Refinement~Flan provides no specific policy direction that addresses this request specifically. ~n~general, low-density residential development is planned for most of the plan area. Converting approximately 4.74 acres to mixed use will not significantly depart from the overall land use pattern. Therefore, the request does not appear to be con- trary to any portion of the plan text or diagram. STAFF NOTES--Eugene Planning Commission January 22, I99I Page 4 Section 9.~45~2}~c~: The plan amendment is found to address one or more of the fo.l 1 owl ng: ~. An error in the publication of the plan; 2. A change in circumstances in a substantial manner not anticipated in the plan; 3. Incorporation in the plan of new inventory material which relates to a statewide goal; and 4. A change in public policy. The request appears to address #2, a change in circumstance, and #4, a change in public policy. There has been no showing that there has been any new inventory material that relates to a statewide goal ~#3}. The applicant indicates that there may be a showing of error since there was a written agreement between the City and the owner in 1968 that allowed for continued use of the property by Goodwill Industries. When the plan was adopted in 1915 and updated in 1982, Goodwill Industries occupied the site and were an established nonconforming use. While this situation was not specifically addressed in the plan, the absence of specific mention of this site or the nonconforming use does not indicate and error in the publication of the plan, It is the staff opinion that there has been a change in circumstance that was not anticipated in the refinement plan. As indicated in the background sec- tion of these notes, the site was occupied by Goodwill Industries in 1915 and 1982, when the Bethel-Danebo Refinement Plan was originally adopted and later when it was revised.. The staff has researched discussion and recollections of these refinement plan processes and finds no specific discussion occurred relating to this property. It was used at that time as a nonconforming in- dustrial use and the assumption was that it would continue to operate. There was no reason to include specific refinement plan treatment of this site. Goodwill has discontinued use of the site and ownership has changed. While a change in ownership in itself is not basis for considering special land use relief, in this case the only viable use of the existing property and build- ing was with the previous Goodwill Industries development. Based on these facts, there appears to be reason to address the specific history and exist- ing development on this property. The proposed mixed-use designation and refinement plan language will provide specific direction far continued use of .this site in a manner that addresses this unique situation. Another basis for addressing the standards in this criteria are a change in public policy. The provisions allowing the creation of a mixed use zoning district were adopted in the Eugene Zoning Code in 1977, two years after adoption of the original Bethel-Danebo Refinement Plan. When the Plan was updated in 1982, the emphasis of study was an the delineation of the three development nodes. The concept of mixed use has been implemented in other areas of the city, including portions of the Whiteaker area, since adoption of these provisions. In 1984, the City Council updated the Eugene Community Goals and .Policies. The 1954 document included anew policy as follows: STAFF NQTES--Eugene Planning Commission January 22, 1991 Page 5 rrExplore additional application of mixed land uses which do not destroy the residential character of neighborhoods {Policy 5, page 2b} It is clear that there has been increased interest and a change in public policy to a11ow greater opportunity for mixed use development. The proposed plan amendment appears to be supported by this policy which was added after the Bethel-Daneba refinement plan was adopted and later updated. Conc]usions and Recommendation on Refinement Plan Amendment The above analysis shows that the area of this request has a unique history and pattern of mixed-use development on the site. Mixed use is supported by policies in the Metropolitan Area General Plan and Eugene Community Goals and Policies. The existing Bethel-Danebo Plan does not specifically address this property or the concept of mixed-use development. It is the recommendation of the Planning staff that a designation of mixed-use is appropriate far this property and the proposed text addition to the refinement plan provides fur- ther policy direction far implementation of this mixed-use designation. Evaluation of Pro aced Mixed Use zonin District The general description and purpose of the Mixed Use District in contained in Section 9.476, and is as follows: Due to historical development patterns, certain areas of the city are characterized by a mixture of uses such as residential and commercial uses or residential and industrial uses which are normally segregated under standard zoning districts. In some instances, provision for a continuation of a mixture of uses wills serve both public interest and allow a mare equitablee balancing of private interests than would the utilization of a standard zoning district. The criteria for establishment of a Mixed-Use zoning district are contained in Section 9.478 of the Eugene Cade. These criteria are lined below followed by an evaluation by the staff. Section 9.478{a~: The area to be classified as an MU Mixed-Use District includes the equivalent of at least one standard block {e.g., 320' x 3Za'~. The area of this request consists of 4.74 acres. A standard city black is approximately 2.35 acres. Section 8.418{b}: A special study of the area has been completed show- ing haw the proposed MU Mixed-Use District uses will be compatible with one another, will provide a functional and healthful environment, and will be integrated with the surrounding area. The Code does not specify the elements of the special study that must be done to meet this criteria. It is the opinion of the applicant and staff that the analysis done far a refinement plan amendment is sufficient to meet this requirement. The refinement plan amendment process includes notice mailed 30 days prior to the public hearing to all property owners and residents within 400 feet of the site and a display ad in the Register Guard outlining the STAFF NOTES--Eugene Planning Commission January 22, I99I Page 6 proposed change at least ten days prior to the hearing: The public and~in- terested partied will have an opportunity to submit testimony to the Planning Comm~ss~on and C7ty Council ~n public hearings. Based on these requirements, there appears to be adequate opportunity for public involvement in the re- finement plan amendment and the establishment of the Mixed-Use District. The second portion of the criteria requires a showing that the uses will be compatible with one another and integrated with the surrounding neighborhood. 1n addition to the points raised in the applicant's statement, staff makes the fol 1 owl ng findings : ~. The development standards proposed in the Mixed Use district draft pro- pose the RA development standards for residential develapment and GO zoning district development standards for nonresidential development. The development standards for the residential uses will be the same as are in place for the surrounding residential neighborhood. 1n the G4 zoning district standards, the height limit is 45 feet compared with 25 feet far the RA district. In order to provide greater compatibility with the surrounding residential neighborhood, the staff would propane revising the development standards to limit the height of all new struc- ture to the height limits in the RA district. Z. The staff is concerned with the develapment of new non-residential structures on the property. The existing nonresidential buildings are known and part of the existing character of the site. Staff feels that new nonresidential buildings should not be allowed without some special review to ensure their internal and external compatibility. For this reason, staff suggests that the Mixed-Use zoning district include a requirement that any new nonresidential development apart from the use of the existing building should be processed under the site review pro- cess with the following spec7f~c concerns to be addressed during this site review process: a. Compatibility with the surroundings, particularly when residential in character. b. Efficient, workable, and safe interrelationships among buildings, parking circulation, open space, and landscaped areas, as well as related activities and uses. c. Safe and efficient ingress and egress. With the above additions to the Mixed Use zoning district, staff feels the proposed MU Mixed-Use district will be integrated with the surrounding area and be a functi oval and healthful environment. Section 9.478~c}: At least 5o percent-4f the lots or parcels to be classified as an MU Mixed-Use District are already developed with struc- tures, This request has three tax lots, with two of the parcels already developed with ex~st~ng structures. The only vacant parcel is Tax Lot 8102. Over 50 percent of the area of the proposed Mixed-Use district is currently developed with structures. STAFF NOTES--Eugene Planning Commission January 22, 1991 Page 1 Section 9.47S~d}: The existing development has occurred over a period of years and is characterized by a mixture of uses. The applicant's statement indicates that the existing industrial building was constructed beginning in 1927 with additions in 1938 and 1974. Other struc- tures on the property were also placed on the property or constructed over a period of years. The existing development includes a residence, industrial buildings, and a vacant fire station, which appears to represent a mixture of uses on the development site. Section 9.418~e}: The uses and development standards of conventional residential, commercial, yr industrial zoning districts are not capable of or suitable for promoting the internal compatibility and integration with the surrounding area prescribed by the area special study. The primary reason this property should be considered for mixed-use develop- ment is because of the existing mix of buildings on the property. The two existing industrial buildings do not appear to have any appropriate use under the uses permitted in the low-density residential zoning districts. ~n review of the commercial zoning districts, the district would allow a wider range of uses and as zone change request, has been found to be unsuita noted in the applicant's statement, the C-2 and C either be inconsistent with the Metropolitan plan would open up too wide a variety of uses. Neighborhood Commercial is evident from the earlier b1e for this property. As -3 zoning district would direction for this area or In conclusion, staff feels that this property should have special considera- tion that can only be provided by the Mixed Use district concept. The uses and development standards proposed with the modifications suggested by staff will result in promoting compatibility with the surrounding neighborhood as well as providing efficient use of the existing buildings on the property. Section 9.478~f}: The uses permitted and the development standards to be applied in the district will be consistent with the criteria required for approval of a conventional zone change. The applicant's statement prawides a detailed analysis under this criteria that is supported by staff. If the Planning Commission and City Council ultimately approve this refinement plan amendment and Mixed-Use zoning dis- trict, a zone change would be considered by the Eugene Hearings Official to apply the Mixed-Use district to this property and a further evaluation would be made using the normal zone change criteria. Concl us i ons__ and Recommendation an ,,Mixed-Use Zani ng.,,_Di stri ct The evaluation presented above as well as the applicant's statement shows that the draft Mixed-Use district would provide reasonable use of the proper- ty, while maintaining the public interest in protecting the surrounding resi- dential neighborhood. with the modifications proposed to the draft Mixed Use district as listed under Section 9.478~b} relating to height limitation and site review process for new non residential development in new structures, STAFF NOTES--Eugene Planning Commission January 22, 1991 Page 8 staff recommends the Planning Commission recommend approval of the establish- ment of the MU Mixed-Use zoning district. The staff recommendation far the Refinement Plan amendments are on page 6. Attachments: Vicinity Map Applicant's Statement Aerial Photo of property Hearings official Findings and Minutes far Z 58-5 STAFF N4TE5--Eugene Planning Com~ission January ZZ, 1991 Page 9 MEDIA CRA~`T ASSOCIATES Application for Amendment to the BetheX-Danebo Refinement Plan A. Introduction qn goober 12, 1990, Media Craft Associates submitted a proposed amendment to the Bethel-Danebo Refinement Plan to designate property located at 3885 Elmira Road far mixed-use development. At its meeting of November 13, 1990, the Plan- ning Commission agreed that the proposed amendment should be classified as a minor amendment. That determination enabled Media Craft to submit this formal application for amendment to the Bethel-Danebo Refinement Plan pursuant to Section 9.141 of the Eugene Code. The proposed amendment involves application of a mixed-use designation to approximately 4.74 acres of property located at 3885 Elmira Road, The property is also identified as Tax Lots 8101, $102, and $244 of Assessor's Map 17-D4-27-21. The property is presently designated for low-density residential use in the Bethel- Danebo Refinement Plan and zoned RA Suburban Residential District. Despite these plan and zoning designations, the property has a history of nonresidential use. According to old telephone directories, it was owned and occupied by Ed Jensen Co. Tractor Sales and Service at least as early as 1935. Between 1962 and 1987, the property was owned and used by Goodwill Industries f or a variety of quasi-industrial and commercial functions such as laundry, collection and repair of used goods, and sales of used merchandise. Existing improvements include an industrial building with approximately 19,000 square feet of floor area, a smaller building with approximately 700 square feet of floor area, a former fire station donated to Goodwill Industries by the City of Eugene in 1968, parking areas, and a residence. while neither the current version of the Bethel-Danebo Refinement Plan nor its predecessor recognize the long-established use of this property, the city has recog- nized the nonresidential use in other ways. When the fire station was donated to Goodwill Industries in 1968, the city entered into a written agreement with Goodwill which authorized the existing use of the property, subject to Goodwill installing certain screening measures. After Goodwill Industries acquired new facilities on Seneca Road, it placed this property on the market. Media Craft purchased it with the intent of using the existing structure for its video production business. However, it has been pre- vented from doing so, by the RA zoning applied to the property. After reviewing a variety of opt~ans wYth the Planning and Development Department, it was deter- mined that the most appropriate way of resolving the situation would be to seek a mixed-use classification for the property as provided in Sections 9.476 through 9.484 of the Eugene Cade. Approval of such a zoning classification is contingent upon changing the low-density residential designation applied to the property in the Bethel-Danebo Refinement Plan to a mixed-use designation. The zoning and development status of surrounding properties is summarized below: Application for Amendment fo the Bethel-Danebo Refinment Plan, Page 1 of II I. Land north of the site is zoned R-1 Law Density Residential District and is fully developed with residences. 2. Land east of the site is zoned R-1 and PL Public Land District. The property zoned R-l is developed with residences; the property zoned PL is owned by the City of Eugene and developed with Fire Station #$. 3. Land south of the site is zoned RA Suburban Residential District. Same of the land to the south is developed residentially and some consists of larger parcels that can be further developed in the future. 4. Land west of the site is zoned RA. There is one tier of residential lots immediately adjacent to the west boundary of fihe subject site. Property awned and occupied b~y the Fairfield Baptist Church extends from this tier of lots west to Bertelsen Raad. When the Planning Commission was considering whether to classify this amend- ment as major ar minor, a question was raised as to why amixed-use designation should be applied rather than two different zoning districts. From the perspective of ~ the applicant, application of the mixed-use district is somewhat more awkward than simply relying upon existing zoning districts. That awkwardness is due, in part, to the fact that a special mixed-use district has to be created and, in part, because the mixed-use approach is less commonly used than standard zoning districts. However, the mixed-use approach also appears to offer several distinct advantages in this situation: 1. Qne of the principal intended uses of the property is for video produc- tion services. The Planning and Development Department advised the Commission at its meeting of November l3, 199o that C-2 zoning was required for that use under the existing code. As the Commission is aware, the range of uses allowed in the C-2 district is very broad. Many of the uses permitted in that district would not be appropriate, granted the size of this property and surrounding development. The mixed-use approach allows the range of nonresidential uses permitted on this property to be much more carefully tailored and adapted to the specific situation. 2. The C-2 zoning district is normally applied only to property designated as commercial in the Metropolitan Area General Plan. Consequently, if the general rule is followed in this case, it would be necessary to amend the Metropolitan Plan instead of or in addition to amending the Bethel- Danebo Refinement Plan. Amending the Metropolitan Plan for this property could create several potential canf licts or internal inconsistencies. The only category in the Metropolitan Plan that might be applied is the community commercial center designation. However, this property does not appear suitable for that sort of designation, particularly in view of the range of uses for such a center provided at page If-E-4 of the Metropolitan Plan. A community commercial center is also described as having at least five acres and normally not mare than 4a acres. Even if the entire parcel Application for Amendment to the Bethel-Danebo Ref znement Plan, Page 2 of ~ ~ was designated community commercial, it would not reach the minimum of five acres. 3. The description and purpose section of the mixed-use district Section 9.476 of the Eugene Code] provides a very relevant statement of why consideration of a mixed-use designation is appropriate in this instance: "Due to historical development patterns, certain areas of the city are characterized by a mixture of uses such as residential and commercial uses or residential and industrial uses which are normally segregated under standard zoning districts. ~n some instances, provision for a continuation of a mixture of uses will serve bath the public interest and allow a more equitable balanc- ing of private interests than would utilization of a standard zoning district." The intent of this application is to recognize the historical usage of this property and .allow reasonable reuse of the substantial, nonresidential improvements that already exist. Relying on the mixed-use district approach allows that to happen without introducing the much broader range of uses that the standard zoning districts would entail. This application encompasses three components: 1. A change in the diagram designation applied to the subject property in the Bethel-Danebo Refinement Plan; 2. Text to be added to the Bethel-Danebo Refinement that describes the nature and purpose of this mixed-use area; and 3. A proposed mixed-use zoning district that would be applied to the pro- perty following approval of the refinement plan amendment. B. Applicable Criteria Section 9.1452} of the Eugene Code requires that a proposed refinement plan amendment be consistent with the following criteria: a. The plan amendment is consistent with the Metropolitan Area general Plan; b. The plan amendment is consistent with remaining portions 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 of circumstances in a substantial manner not anticipated in the plan; 3. Incorporation into the plan of new inventory maternal which Application for Amendment to the Bethel-Danebo Refinement Plan, Page 3 of ~ ~ relates to a statewide goal; or 4. A change ~n public policy. -~ Because this application involves establishment of a mixed-use district, the following criteria from Section 9.478 of the Eugene Code are also addressed: a. The area to be classified as an MU Mixed-Use District includes the equivalent of at least one standard city black ~e.g., 32Q' x 3~0'}. b. A special study of the area has been completed showing how the pro- posed MU Mixed-Use District uses will be compatible with one another, will provide a functional and healthful environment, and will be integrated with the surrounding area. c. At least 50 percent of the lots or parcels to be classified as an MU Mixed-Use District are already developed with structures. d. The existing development has occurred over a period of years and is characterized by a mixture of uses. e. The uses and development standards of conventional residential, com- mercial, or industrial zoning districts are not capable of or suitable for promoting the internal compatibility and integration with the surround- ing area prescribed by area special study. f. The uses to be permitted and the development standards to be applied in the district will be consistent with the criteria required for approval of a conventional zone change. C. Analysis of the Refinement Plan Amendment As noted in the introduction, this proposed amendment affects both the diagram and text of the Bethel-Danebo Refinement Plan. The diagram needs to be amended to show mixed-use rather than low-density residential use as the appropriate desig- nation for the subject property. Because of the unusual nature of the mixed-use designation, the text of the refinement plan needs to provide same direction for development of the implementing ordinance. The following text language is suggested for addition to the Bethel-Danebo Ref ine- ment Plan: Elmira Road Mixed-Use Area There is an area an the north side of Elmira Road that has been used for a variety of industrial and commercial purposes for a number of years, includ- ing use by goodwill industries. Existing improvements on the property include an industrial/commercial structure with approximately 19,OOa square feet of floor area, a smaller building containing about 70o square feet, parking areas, a farmer fire station, and a residence. The site contains some vacant area that could be developed residentially in the future. This site is Application for Amendment to the Bethel~Danebo Refinement Plan, Page 4 of ~~ generally surrounded by low-density residential development. ~n view of the long-standing use of this property for nonresidential purposes, it is appropriate to allow that to continue and to provide for reuse of the existing, substantial improvements on the property. However, the types of uses permitted on this site need to be strictly controlled to ,prevent conflict with surrounding residential areas. It is also desirable to ensure that portions of this site be developed residentially in the future. A mixed-use designation provides a mechanism far allowing a limited range of nonresidential uses on this property while simultaneously requiring that a portion of it be developed with residences. Any mixed-use zoning applied to this property should: ~a} limit the types of uses permitted to those that will have minimal impact on the surrounding area; fib} control the type of retail activities carried out; and ~c} specif y a minimum percentage of the site to be developed with residential uses. A copy of the proposed mixed-use zoning district for the ELimra Road property is attached. The proposed ordinance generally limits uses to: ~a} uses allowed in the RA zoning district; fib} video production services; ~c} artist and photographic studios; ~d} business support services; and fie} retail sales incidental and subordi- nate to a primary use. The proposed district also requires that a minimum of 30 percent or L.5 acres of the site be developed with residential uses. Finally, the proposed district incorporates special setback requirements between non-residential structures and exterior property lines. All of these provisions are intended to affirmatively address the requirements included in the text of the Bethel-Danebo Refinement Plan concerning this area. Each criterion for evaluation of a refinement plan amendment and application of a mixed-use designation is addressed below. Section 9.145~Z}~a): The plan amendment rs consistent with the 1Vletropolitan Area General Plan. ' The Residential Land Use and Housing Element of the Metropolitan Plan contains policies that recognize the appropriateness of mixed-use development in certain circumstances. The following two policies are relevant: "investigate and when advisable, implement mixed use zoning, particularly in established neighborhoods where compatible and functional mixes already exist." [Policy # L 5, page ~~~-A-6] "Encourage Location of nonresidential uses, such as neighborhood commercial and small-scale light industry, within residentially designated areas when those auxiliary uses are compatible with refinement plans, zoning ordinances, and other local controls far allowed uses in residential neighborhoods." [Policy # 16, page ~~~-A-6] The subject property has along-standing history of nonresidential use that has coexisted with surrounding residential development. The intensity of the uses that Application for Amendment to the Bethel-DaneUo ~tef inement Plan, Page 5 of ~ 1, will be allowed under the mixed-use zoning district for this area is significantly lower than the prior use of the property by Goodwill industries. The proposed dis- trict allows use of improvements that already exist on the property; yet ensure that continued nonresidential use of a portion of the property will be compatible with adjacent residential areas as required by these policies. ~b jective #$ of the Growth Management and the Urban Service Area Element of the Metropolitan Plan is also applicable: "Encourage development of suitable vacant, underdeveloped, and redevelop- able land where services are available, thus capitalizing on public expendi- tures already made for these services." page iI-B-3J Application for amixed-use designation to this property will allow reuse or redevelopment of improvements already located on the site where all necessary public facilities and services are provided. It will also facilitate development of presently undeveloped portions of the property with residential uses. These results are consistent with the purpose of the cited ab jective. The diagram of the Metropolitan Plan also recognizes the appropriateness of mixed-uses in certain areas otherwise designated for residential use. An amend- ment to the diagram of the Metrpolitan Plan is not necessary in this instance because of the small size of the area involved [i.e., less than five acres. In summary, the Metropolitan Plan recognizes that historical development patterns have resulted in a mixture of uses in certain areas. The Plan encourages cantinu- atian of that mixture when it will be compatible with adjacent residential .uses. This proposed amendment to the Bethel-Danebo Refinement Plan is consistent with applicable policy directives of the Metropolitan Plan. Section `9.Z45(Z)(b): ~'he plan amendment is consistent with the remaining portions o~ the re~itzement plan. The original Bethel-Danebo Neighborhood Refinement Plan Phase i~ was adopted in 1975. That plan was superceded by the Bethel-Danebo Refinement Plan Update, adopted an September l3, I982. The primary purpose of the 1982 update of the Bethel-Danebo Plan was to resolve issues or inconsistencies between the prior refinement plan and the [then] newly- adopted Metropolitan Plan. in keeping with that purpose, the land use element of the updated refinement plan focuses upon four areas: the Barger-Beltline develop ment node; the Royal-Danebo development node; the West Bethel-Danebo floating node; and the Bethel Triangle neighborhood. The area of the subject property is generally designated for Iow-density residential use in the Bethel-Danebo Refine- ment Plan. The only policy in the plan that appears to have any relevance to this amendment is Policy #I-a page 3~: "The following land use designations in the Eu ene-S rin field Metro olitan Area General Plan shall be maintained: law-density residential development in most of the plan area." Application far Amendment to the Bethel-Daaeba Refinement Plan, Page 6 of ~ Z The proposed amendment is consistent with this policy insofar as it continues to provide for low-density residential development on a portion of the property. It might also be noted that the Bethel-Daneba Refinement Plan does discuss a type of mixed-use designation f or a portion of the Bethel Triangle area. Proposal #S at page 22 of the plan contains the following statement: "In light of the deterioration of existing development and residential quality in the immediate vicinity of Qgle, Madera, and Allane Streets, consideration should be given to revitalization of the area. This may involve development of a mixed-use cottage industry district, allowing continued industrial and residential uses of existing structures and potential for joint residential/ cottage xndustr~al use of residences." The concept of a mixed-use designation for property is not inconsistent with other portions of the Bethel-Danebo Refinement Pian. when considering the issue of consistency of the amendment with other portions of the refinement plan, it is pertinent to note the following provision from page I-5 of the Metropolitan Plan: "In all cases, the Metropolitan Plan is the guiding document, and refinement plans and policies must be consistent with the Metropolitan Plan." The Metropolitan Plan expressly authorizes application of a mixedwuse designation in certain circumstances. As shown above, use of a mixed-use designation in the present instance is consistent with the Metropolitan Plan. By virtue of that f a.ct, it is also consistent with the Bethel-Danebo Refinement Plan, particularly in view of the absence of any explicit treatment to the contrary for the subject property. Section 9.1 ~S(l }~c~. ~'he plan amendment is found to address one or more o f the following; 1. An error in the publication o f the plan; Z. A change o f circumstances in a substantial manner not antr'ci pated in the plan; 3. Incorporation into the plan o f new inventory material which relates to a statewide goal; or 4. A change in public policy. Df the four alternative standards listed above, the third standard is not applicable because there is no new inventory material related to a statewide goal at issue here. The fourth standard also appears inapplicable since there is no apparent change in public policy that is relevant to this situation. However, the first two standards are relevant, as indicated by the following: 1. Use of the subject property for nonresidential purposes was acknow- Application for Amendment to the Bethel-Daneba Refinement Plan, Page 7 of Z 1 ledged and legitimized by an agreement executed an behalf of the City of Eugene in 198. Despite that agreement, neither the original Bethel- Daneba Ref inment Plan nor the 1982 Update recognized the existing use of the property. Both versions of the refinement plan are silent with respect to this property. The refinement plan should have dealt with this property in some manner in view of its historical usage and the existence of a formal agreement authorizing that use. The proposed amendment addresses that prior omission, 2. The subject property was owned and used by Goodwill Industries when the 1975 and 1952 versions of the Bethel-Danebo Refinement Plan were adopted. Those plans may have assumed continued ownership and use of the property by Gaodwiil Industries and, consequently, no need to specifically address this property. However, Goodwill 'Industries acquired new facilities and sold this property in 1987, five years after the current version of the Bethel-Danebo Refinement Plan was adopted. That change creates the need to establish some mechanism to allow con- tinued use of the improvements f aund on the property. This amend- ment addresses that change in circumstance. The analysis provided above shows that the proposed text and diagram amendment conforms with the criteria set forth in Section 9.1452} of the Eugene Code. Because this amendment involves application of a mixed-use designation, it is also necessary to address Section 9.47$ of the Eugene Code. Each criterion set forth in that section is addressed below. Section 9.475(a~: The area to be classified as an MU Mixed-Use district includes the equivalent o~ at least one standard city block (e.g., 320' x 3ZO'). A standard city black X320' x 320'} contains 2.35 acres. The area to be designated mixed-use adjacent to Elmira Road contains approximately 4.74 acres, the equiva- lent of two city blacks. Sectio~z 9.478(b): A special study a f the area has been completed showing how the proposed MU Mixed-Use ~7istrict uses will be compatible with one another, will provide a ,functional and healthful environment, and wilt be integrated with the surrounding area. This amendment application constitutes a special study as required by this stan- dard. The following information addresses the discrete elements of this criterion: 1. The primary nonresidential activities allowed under the proposed Elmira Road Mixed«Use District are. artistic, photographic and video production functions. The other nonresidential uses listed are supportive of and routinely used in the normal conduct of the primary functions. 2. The nonresidential uses listed in the proposed district are indoor Application far Amendment to the Bethel-Danebo Refinement Plan, Page 8 of I ~. activities. The spatial arrangement of the existing structure on the property is well adapted to accommodating these functions. 3. Undeveloped pardons of the property, particularly the western portion of the site, can be developed under the provisions of the RA zone in a manner that is compatible with the surraunding residential develop- ment. The owner also intends to convert the farmer fire station to a . residence. 4. The proposed nonresidential uses have minimal potential for disruption to surraunding residential areas in terms of traffic impact and other potential sources of disturbance. The proposed district limits retail activities permitted sa that large numbers of customers will not be attracted to the site. Special setback requirements are provided to give separation between nonresidential structures and adjoining development. The limited range of uses permitted and the development standards imposed ensure that development of this property will be integrated with the surraunding area. Section 9.478(c~; At least 50 percent o f the lots ar parcels to be classified as an iVIU N~fixed-Use District are alread y developed with structures. The property to be designated mixed-use consists of three parcels. one parcel [tax lot $200] has commercial/industrial buildings containing about 19,000 and 700 square feet of floor area and a f ormer fire station. A second parcel [Tax Lot 8 I0I ~ has a residence. The third parcel [Tax Lot 8 l a2] is vacant. fiver 50 percent of the parcels are already developed with structures as required by this criterion. Section 9.478~d ~: The existing d evelopnzent has occurred over a period o f years and is characterized by a mixture of uses. According to records at the Lane County Assesor's office, the original part of the large, commercial/industrial structure on the property .was built in 1927, with additions constructed in 1938 and 1974. The former fire station was moved onto the site in 1968, although the date of its original construction is unknown. The existing residence was built in 1936 according to Assessor's records. The existing development has occurred over a period of years and is characterized by a mixture of uses. Section 9.~7S~e~; The uses and development standards of conventional residen- tial, commercial, or industrial zoning districts are not capable o f or suitable for promoting the internal compatibli~y and integration with the surrounding area prescribed by the area special study. According to the Planning and Development Department, the only existing zoning districts that would permit functions such as video production are the C-2 or C-3 districts. The C~3 district, by definition, is not appropriate for application t~o a site of this size. The C-~ district could be applied to the property, although use of Application for Amendment to the BethelWDanebo Refinement Plan, Page 9 of f~ ~~ 4 4 that district would create several problems such as the following: 1. Use of the ~-2 district would open the potential f ar a much broader range of retail uses than called for the proposed text amendment to the Bethel-Danebo Refinement Plan. There would be no way to limit the types of uses that could occur with C-2 zoning under current prove- d ures, ~. Many of the uses in the C-2 district would be inappropriate on this site, granted the size of the site and the close proximity of existing resi- dences. Application of a mixed-use zoning designation provides the mast effective way of controlling undesirable uses and consequent impact on the surrounding area. Section 9.478(f ): 2"he uses to be permitted and the development standards to be applied in the district will be cor~sister~t with the criteria required for approval o f a conventional zone change. Section 9.b7S of the Eugene Code lists three criteria to be considered when approving a zone change: 1. Section 9.678(2)(a) requires that the uses to be allowed under the rezoning can be served by the extension of key urban facilities and services and that the uses be consistent with principles of compact and sequential growth. The subject property is already served with key urban facilities and services. The uses to be allowed under the proposed mixed-use district are essentially the same as those permitted under the existing zoning with same additional office functions. The existing f acilitie~ are adequate to serve allow of the uses that will be allowed. The proposed development standards are either the same or mare stringent than the development standards imposed under conventional zoning districts. The standards do not allow a more intensive type of development than is possible under conventional districts; consequently, no greater demand for facilities and services is created by the development standards. One of the primary objectives of the proposed mixed-use district is to allow redevelopment and reuse of this property. That result is fully consistent with the principles of compact and sequential growth which emphasize use and reuse of property that already has services available. 2. Section 9.6782}fib} requires a determination that the proposed rezoning is consistent with the Metropolitan Phan. As noted previously, policies in the Metropolitan Plan support mixed-use development under certain circumstances. 3. Section 9.6782}~c} requires a determination that the proposed rezoning is consistent with adopted refinement plans, special area studies, and Application for Amendment to the Bethel-Danebo Refinement Plan, Page ~0 of 11. functional plans. There are no special area studies or functional puns that are applicable to rezoning to a mixed-use designation for this property. Assuming that the Planning Commission and City Council approve the proposed text and diagram amendments to the Bethel-Danebo Refinement Plan, the rezoning would be consistent with the amended version of that plan. Creation of a mixed-use district as proposed for the Elmira Road property is consistent with all of the criteria in Section 9.47$ of the Eugene Cade. D. Proposed Mixed-Use Zoning District Section 9.4$4 of the Eugene Code provides that: "Because the MU Mixed-Use District is designed to be applied to diverse situations, the specific mixture of uses permitted and the development standards required will have to be specified for each application of the district to a specific area." That section goes on to stipulate that each mixed-use district shall contain a desription and purpose section, a use section, and a standards section. A proposed mixed-use district for the Elmira Road property is attached as an integral part of this application for amendment of the Bethel-Danebo Refinement Plan. The proposed district includes all of the elements required under Section 9.480 of the Eugene Code. The proposed district is also designed to carry out the limited purposes specified in the draft text amendment to the Bethel-Danebo Refinement Plan. The development standards incorporated in this proposed mixed-use district rely primarily upon existing development standards of the RA and GC zones. The RA standards were specified for new residential development because those are the standards now applied to the property and maintenance of those standards will heap ensure integration with the surrounding residential area. The CC standards were specified for nonresidential development because those are intentionally crafted to be compatible with adjacent residential uses as indicated in Section 9.438 of the Eugene Code: "GU general Qf f ice District regulations are primarily intended to provide for small to medium-sized office buildings, often in transi- tional Locations between residential and commercial uses. Developments must be compatible with nearby residential uses in terms of scale, bulk, building and parking coverage, traffic generation and other external factors." E. Conclusion The subject property , has a song history of nonresidential use. The existing com- mercial/industrial structure on the property is substantial and cannot be put to any feasible use under the existing RA zoning. Application of a mixed-use designation to the property provides the opportunity to reuse the existing improvements and to encourage further development of the property that is compatible with the surrounding area. Application of a mixed-use plan and zoning designation is desirable in this instance because it offers the opportunity to carefully control the types of uses allowed and the development standards imposed. That opportunity is not possible to the same extent if conventional plan and zoning designations are used. Application for Amendment to the Bethel-Danebo Refinement Plan, Page ~. ~ of f ~.