HomeMy WebLinkAboutOrdinance No. 19178z 83-12
ORDINANCE N0. ~ '~
& AMENDED BY ORDINANCE NO. 19 180..8-2 I -83
AN ORDINANCE CONCERNING LAND USE CLASSIFICATION AND
AMENDING THE zONING~MAP OF THE CITY OF EUGENE, OREGON,
Y.
THE CITY COUNCIL OF THE CITY OF EUGENE FINDS THAT: -
Pursuant to the provisions of ORS 227.215 and Sections 9.278 and 9.668 .~ -
through 9.684 of the Eugene Cade, 1971, the City Council has the authority
and responsibility, subject to the 1 imi tati ons contained therein, to change
the zoning classification of property within the City of Eugene;
Based upon the report of the Planning Commission, the materials trans-
m~ tted therew~ th, and the eve Bence presented before the Planning Commission
and this City Counci 1, the request for zone change c1 assi f i cati on i s i n con-
formance w~ th the General P1 an; there i s a publ i c need. for the change i n zone;
- and the public need can best be served by changing the classification of the
property;
~, NOW, THEREFORE,
Based upon the foregoing, the City Council hereby adopts as its own the
specific affirmative findings cantai ned i n the P1 anni ng Department staff Hates
of July 19, 1983, and the P1 anni ng Commission minutes of Juiy 19, 1983, for the
reasons set forth therein, and
THE CITY OF EUGENE DOE5 ORDAIN AS FOLLOWS:
Section 1. As pravi ded.by Section 9.278 of the Eugene Code, 1971, the
zone ng map and the zone ng ord~ Hance schedule of district changes are hereby
amended to reflect the fol 1 owi ng change of zone:
Tax Lots 1100, 1200, and 1300--Assessor's. Map 17-04-35-13 and Tax Lots
1201, 1202, 1203, 1301, 1504, 1501, 1504, and 1505--Assessor's Map
17-04-35-14, as more parti cut arly described an the attached Exhi bi t
"A", 1 ocated on the north side of West 11th Avenue, extending from
McKinley west passed Conger Street:
Change of zone from I -2 Light-Medium Industrial District to C-Z
Community Cammerci a1 District.
Section 2, The P1 anni ng Director be and i s hereby authorized and directed
to cause the zoning map, the sign district map, the schedule of sign district
classification changes attached to Chapter 8, and the zoning Qrdinance schedule
of district changes attached to Chapter 9 of the Eugene Code, 1971, to show the
forego ng change of classification of area and to Hate thereon the rule with
respect to building in the appropriate classification.
ORDINANCE--Page 1 of 2
,~~ ~ ~ .
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ORDINANCE NO. ' '{
AN ORDINANCE CONCERNING LAND USE CLASSIFICATION
AND AMENDING ORDINANCE N0. 19178; AND DECLARING
.AN EMERGENCY.
The City Council of the City of Eugene finds that:
r3 ~~
On the 12th day of September, 19S3r Ordinance No.~ 191?8 was
passed by the City Council and approved by the Mayorf effecting
the rezoning of the property described therein.
the Ordinance contained an emergency clause, which was not
enacted because a suffitient~number of Councilors were not in
attendance at the meeting of September 12, 1983.
It is~in the best~publit interest that the rezoning of the
subject property be immediately effective, and ordinance No. 19178
should be sa amended. Therefore, .
THE CITY OF EUGENE DOES ORDAIN A,S FOLLOWS:
Section 1. The matters contained in Ordinance No. 19178 passed
by the Council and approved by the Mayor on September l2, 1983 con-
cern the public welfare and safety, and in order to insure the
orderl~r implementation of the City~s Zoning Ordinances, an emergency
is hereby declared to exist, and Ordinance No. 19178 and this ordi-
nance shall become effective immediately upon the passage hereof by
the City Council and approval by the Mayor.
Section ~. The City Recorder is directed to append this Ordi-
nance to ordinance No. 19178 and to reflect its effective date in
the official retards of the City.
Passed by the City Council this
5~
a~ da of Se tember, 1983
Y p
f}.5~.~ City Recorder
Approved by the Mayor this
~~
G~~ day of September 1983.
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Mayan
Ordinance.
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The Metropolitan Area General Plan Diagram designates the general area along 6th
and 7th avenues as appropriate for commercial use, That designation of this and
other properties ~n the immediate area has been confirmed by the recent zone
changes noted previously.
Whi 1 e the subject property i s techni ca11y on lth Place, the right-of-way includes
7th Avenue. New street improvements in the area have resulted in eastbound
traffic on 7th Place to tie i nta 7th Avenue before reaching Garf i e1 d.~ 7th P1 ace
as i t fronts on the subject property now terminates i n a cut -de- sac a short
distance to the west.
The Jefferson/Far West Refinement Plan borders the site to the east. That p1 an,
which refines the Metropolitan Area General P1 an, designates the east side of
Garfield from lth Avenue to Broadway for commercial and industrial 1 anal use, and
comrnerc~ al 1 and use from Broadway to south of West lath. The requested change
for the subject property will not conflict with the future land use pattern
immediately to the east. The pattern of development to the west, away from the
6th/7th commercial area, wi 11 1 i kely remain industrial as contemplated i n the
General Plan,
One of the objectives of the zoning ordinance contained i n Section 9.252 ~ a } of
the City Cade i s to "promote the achievement of the General Plan for the City."
Based on the discussion above, this zone change would be accomplishing that
objective.
Section 9,676 ~ b} : There i s a publ i c need for a change of the kind i n
question, It must be demonstrated that:
1. Land already avai 1 abl e i n the zani ng classification proposed i s unabl e
to be served by adequate public facilities and services, or
2, What 1 and i s avai 1 abl a and served i s inadequate or improperly zoned to
satisfy the current need far commercial , industrial , or institutional
uses, or for an affordab1 a and desirable housing inventory, as the
case may be.
The site i s level vped wi th a structure which has been used for commercial
purposes. The remainder of the smal 1 parcel i s primari 1y devoted to parking.
A zone change i s needed i n order to continue to use this site for comrnerci al
development.
Section 9.676~c}: The location of the proposed change:
1. Can be adequately served through the orderly extension of publ i c
f aci 1 i ti es and services, and
2. Is consistent with the principle of compact and sequential urban
growth.
STAFF NOTES--Eugene Planning Commission July 19, 1983 Pa e R
g IB7
Exhibit "A" f y'~~~
L. C. Map ~~17-0~+'-35-14
Tax Lots 1201 & 1203
Wendy' s Site
Parcel 1 -- Tax Lot 1201
Beginning at the East one-quarter corner of Section 35, Township 17 South, Range
4 West of the Willamette Meridian; thence North 50.63 feet to a,point on the
North margin of 11th Avenue West being 60.40 feet in width} as the same is
located and monumented by the Dffice of the City Engineer; thence North 89° 10'
15" West, 569.09 feet along the North margin of 11th Avenue West to an iron in
P.
set on the West margin of McKinley Street being 60.00 feet in width} as the
same is located and monumented by the Office of the City Engineer and markin
the true point of beginnin thence North 89° 10' 8
g: 15 West, 150.00 feet
continuing along the North margin of 11th Avenue West to a point marked by an
iron pin; thence North ~° 34' 45" East, 150.00 feet on a line parallel with the
center line of McKinley Street to a point marked by an iron pin; thence South
89° 10' 15" East, 150.00 feet to an iron pin set an the West mar in of McKinle
Street; thence South 0° 34' 45" West 1 g y
50 00 feet to the true point of beginning
in the City of Eugene, Lane County, Oregon;
E~CEPTIN G THE FOLLOWING: That certain parcel of land in the Northeast quarter
of Section 35, Township 17 South, Range 4 West, Willamette Meridian, more
particularly described as follows: Beginning at the East one-quarter corner of
said Section 35; thence North 50.63 feet to a point on the North margin of 11th
Avenue West being 60.00 feet in width} as the same is located and monumented by
the Office of the City Engineer; thence North 89° 10' 15" West, 569.09 feet
along the North margin of 11th Avenue West to an iron pin set on the West margin
of McKinley Street being 60,00 feet in width} as the same is located and
monumented by the Office of the City Engineer and marking the true point of
beginning; thence North $9° 10' 15" ~dest, 150.00 feet continuing along the North
margin of 11th Avenue West to a point marked by an iron pin; thence North 0° 34'
4 5" East, 10.00 feet on a line parallel with the centerline of McKinle Street
y
to a point marked by an iron pin; thence South 89° 10.' 15" East, 150.00 feet to
an iron pin set on the West margin of McKinley Street; thence South 0° 34' 45"
West, 10.00 feet along the West margin of McKinley Street ~ be~.ng 60.00 feet in
width} to the true point of beginning, in Lane County, Oregon.
Parcel 2 -- Tax Lot 1203
Beginning at the intersection of the North line of 11th Avenue West being 64.0
feet in width} and the West line of McKinley Street being 60.0 feet in width} •
run thence North 0° 34' 45" East along the West line of McKinley Street 150.0
feet to the Northeast corner of the tract conveyed tv Mid Oil Company by deed
recorded December 20, 1976, Reception No. 67210, Lane County Dregon Records, and
being the true point of beginning of the following described tract; run thence
North 89° 1Q' 15" West, 150.0 feet; thence North 0° 34' 45" East, 60. Q feet •
thence South 89° 10' 15" East, 150.0 feet to the West line of McKinle Street•
thence South 0° 34' 45" West 60.0 fee y ~
t to the true point of beginning, all
being in Section 35, Township 17 South, Range ~+ West, in Lane County, Ore on.
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L. C. Map ~~ 11~-04-35.14
Tax Lot 1242
Ye Olde Pancake Site
Tax Lot 1202
Beginning at a point on the North margin of 11th Avenue West 40.00 feet North 0~°
38' 30" East and 180.00 feet North 89° 01' West of the centerline intersection
of 11th Avenue West and McEinley Street in Section 35, Township 17 South, Range
4 West of Willamette Meridian, Eugene, Lane County, Oregon and run thence North
S9° 07' West along the North margin of llth Avenue, 18b.89 feet; thence North 0°
53' East 140.00 feet; thence South 89° 07' East 186.30 feet; thence South 0° 3$t
30" West, 140.00 feet to the point of beginning, all in Eugene, Lane County,
Oregon.
Reserving a 25 foot wide driveway across the above described parcel, the
centerline of which is located 32.5 feet West of the East property line, and
running thence from the North line of 11th Avenue to the North line of said
parcel, for ingress and egress to the property adjacent and North of said
parcel.
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L.C. Map # 17-04-35-14
Tax lot #1301
Rodda Paint Site
..__..__ bout of i 300
Beginning at the SW corner of the Prior P
Blair DLC #39, T ll S, R 4 W of the WM, said point
being an the centerline of lth Avenue WEst and the
East margi r~ of McKinley Street, i n the City of Eugene,
Oregon; thence S 0"3S'30" W 1396,40 ft along the East
margin of McKinley St to the North margi n of ~ ~ th Ave
West; thence N 89°Ol' W 396.90 ft along the North margin
of 11th Avenue West to a point; said point being the
TRUE POINT'OF BEGINNING: thence
N 89°Ol' W 104.36 ft along the North margi n
of 11th Avenue West to a point; thence
'N 0°53' E 208.64 ft to a point; thence
S 89°Ol' E 104.36 ft to a point; thence
S D° 53' W SOS . 64 f t to the true point of
beginning, al 1 i n the City of Eugene, Lane County, pregon
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L. C. Map ~~17--04-35.14
Tax Lot 1540
Beginning at a point vn the West right of way line of Wilson Street X60.00 feet
wide} 289.46 feet South 0° 3$' 30" West from the Southeast corner of Lot 5,
Block 7, Third .Addition to Eugene Industrial Tracts as platted and recorded in
Book 43, Page 22, Lane County Qregon Plat Records in Eugene, Lane County,
Oregon; thence along the North line of that parcel of land as described in Reel
782, Instrument No. 07072, Lane County Oregon Deed Records, parallel with the
North line of West 11th Avenue, North 89° 09t West 102.70 feet to the True Point
of Beginning; thence continuing North 89° 49~ West 77.30 feet; thence parallel
with the West right of way line of Wilson Street; North 0° 38~ 30" East 143.31
feet to a point being 180.00 feet North 89° 25' West from a point on the
Westerly right of way line of Wilson Street X64.04 feet wide}; thence South 89°
25' East 73.30 feet to the Northwest corner of that parcel of land as described
in Reel 585, Instrument No. 98105. Lane County Oregon Deed Records; thence
South 0° 3$' 30" West 60.00 feet; thence South 89° 09' East 4.00 feet; thence
South 0° 38' 30" West 43.65 feet to the True Paint of Beginning, in Eugene, Lane
County, Oregon.
ALSO: An easement 20 feet a.n width, being described as follows : Beginning at a
point on the West right of way line of Wilson Street X60.00 feet wide} 289.46
feet South, 0° 3$' 30" West from the Southeast corner of Lot 5, Block 7, Third
Addition to Eugene Industrial Tracts as platted and recorded in Book 43, Page
22, Lane Co~n~ty oregon Plat Records, in Eugene, Lane County, Oregon; thence
along the North line of that parcel of land as described in Reel 782, Instrument
No. 07972, Lane County Oregon Deed Records, parallel with the North line of West
11th Avenue, North 89° 09' West 1p2.70 feet; thence North 0° 38~ 30" East 20.00
feet; thence South 89° 09' East 102.70 feet to a point on the West right of way
line of Wilson Street; thence along said right of +way line, South 0° 38' 30"
West 20.00 feet to the point of beginning in Eugene, Lane County, Oregon.
~ /91}g ~
L.C. Map # 174--35-14
Tax Lot # 1501
Beginning at a point on the North Line of West filth Avenue in
Eugene, Lane County, Oregon, which point is North 89° 0?~
West 5b1. 26 feet from the intersection of the North line of
West 11th Avenue with the East line of McKinley Street, said
point being at the intersection of the North line of West 11th
Avenue and the West line of Wilson Street as the same is
shown by Third Addition to Eugene Industrial Tract as platted
and recorded in Volume 43, Page 22, Lane Country Oregon Plat
Records, in Eugene, Lane County, Qregon, and from said
beginning point run thence North $9° D?~ West 180.00 feet aloe
g
the North line of West 11th Avenue ~?0.0 feet Wide, thence
North 000 ~D' 30" East arallel to Wilson Str 2
o p eet 1 0.0 feet,
thence South 89 0?' East parallel to West 11th Avenue 180.00
feet to the West line of Wilson Street ~bD.O feet widey, thence
South 00° 40' 30~' West 120, 00 feet to the oint of be innin in
p $ g
Lane County, oregon~
C ~9~~~ ~
L. C. Map # 1704-35-14
Tax Lot # 1504
Beginning at a point on the West right of way line of Wilsan Street
~bO feet wider 130.0 feet North 0° 38' 30~~ East from the point
of intersection of said West right of way line and the North right of way
.line of 11th Avenue West X60 feet wide}; thence North 0° 38' 30" East
along said West right of way line 104.15 feet to a point, said point bears ~'
South 0° 38' 30" West 185.31 feet from the Southeast corner of Lot 5, Block 7
f
Third Addition to Eugene Industrial Tracts as platted and recorded in Book
43, Page 22, Lane County Oregon Plat Records in Eugene, Lane County, Oregon;
thence North 89° 25' West along the prolongation of and the wall of a now
existing building on a tract adjoining the herein described tract on the
North lOb.7 feet to the outside face of a building wall; thence South slang
said building wall face and its Southerly prolongation b0 feet; thence East
4.0 feet; thence South 0° 38' 30" West 43.b feet to a point on a certain line
bearing North 89° 07 West parallel with the said North line of 11th Avenue
West) from the paint of beginning; thence South 89° 07' East along said certain
line 102.7 feet to the point of beginning in Eugene, Lane County, Oregon.
ALSO rights of easement on the tracts adjoining said tract on the North and
on the West for utilities and building features that may now or in the future
encroach onto or over said adjoining tracts.
AND SUBJECT to rights of easement for utilities and building features that
do now or may later encroach onto or over this tract.
~ /9/,~~ E
L.C. Map # 17-04-35-14
Tax lot # 1505
Chinese RE~,~.aurant
P
Beginning at a paint on the Easterly line of Lo
Block 7, THIRD. AflDI t 6'
TIQN To EUGENE INDUSTRIAL
TRACTS as platted and recorded in Book 43 .Pa
Lane Count Ore on P ~ ge 22,
Y 9 lat Records, in Eugene, Lane
County Oregon, said point being North q° 38'
30" East 57.1 feet from the Southeasterl c
of said Lot 6; thence No ° ~ „ Y arner
rth q 38 30 East along
said Easterly line 10.71 feet; thence South °
25' East 72.24 f 89
eet tv a paint 184 feet North
B9° z5' West from a point on the Westerl ri
of-wa line of i~' Y ght-
Y ilson Street X60 feet wide; thence
South 0° 38' 30" West parallel with said Wes
right-of-wa line z terly
Y 18.31 feet to a point 40 feet
North 0° 51' East from a point on the center '
of 11th Avenue W ~ ° line
est, thence North 89 09' west
parallel with said centerline 71.4b feet• thenc
South 0°. 38' 34" West l0 feet• e
thence North 89°
09' West parallel with said centerline 58.54
thence North 0° ~ ~~ feet;
3g 3Q East ~17.3q feet to a~point
bearing North 89° q7' West 57.7b feet from t
point of be inni ° ~ he
9 nq, thence South 89~ q7 East
57.7fi feet to the point of beginnin in Eu
Lane Cvun t Ore vn 9~ gene'
Y~ g ,containing 28311 square feet,
more or less.
C Igi~s C
L.C. Map # 17-Q4~-35--13
Tax Lot # 11~~
PARCEL
t~EGINNING AT THE SOUTHWEST CDRNER DF THE PRIOR F. GLAIR D
CLAIM ND. 39, TOWNSHIP 17 SOUTH RANGE 4 ONATIDN SAND
WEST OF THE WILLAMETTE
MERIDIAN, SAID POINT BEING ON THE CENTERLINE QF 7TH. AV
AND THE EAST MARGIN OF MC KINLEY STR ENUE WEST
EE T I N THE C I TY OF EUGE~dE , DREGQN ;
THENCE SOUTH 00°38'30" WEST 1345.b0 FEET ALONG THE EA T
MG KINLEY STREET TQ THE NORTH MARG S MARGIN DF
IN OF 11TH. AVENUE WEST; THENCE
N,7RTH 89° ~~?' 08" WEST 812, 74 FEET ALONG THE NORTH MARG N
AVENUE WEST TD A POINT, SAID POINT I OF 11TH.
BEING THE TRUE POINT OF BEGINN NG,
THENCE NORTH 89°C~7'pB" WEST ALONG THE NQRTH MARGIN OF
AVENUE A DISTANCE D~` 215.25 FEET TD T SAID 11TH.
HE EAST MARGIN OF CONGER STR ET,
AS LOCATED IN THE PLAT OF THIRD ADDITION TO EUGENE IND
AS PLATTED AND RECORDED IN BOOK 43 PA USTRIAL TRA TS,
GE 22 LANE COUNTY OREGON PLA
RECDRDS,LANE CD LINTY, OREGON; THENCE NQRTH DD°32'EAST
RIGHT OF wAY LINE OF SAID CONGER T ALONG THE EA T
S REST 159.57 FEET TD THE SOUTHW 5T
CDRNER QF LDT b BLOCK 7 DF SA I D THIRD ADDITION ~`0 EUG
TRACTS; THENCE SOUTH 89°07'EAST 2 ENE INDUSTRI ~,,,
15.82 FEET TO THE SOUTHEAST CORN~'R
OF SAI D ~~T b BLOCK ?; THENCE SOUTH ,~` 44' 13"WE~~T 160.
PRINT JF BEGINNING, ALL IN THE D1 FEET T^ THE~TRUE
CITY DF EUGENE, LANE COUNTY, OREGO ,
~~CEPT THE EAST 57.7b FEET THEREOF IN EUGEN
E, LANE COUNTY, DREGON«
,. ~
a
BEGINNING AT THE MOST 5DUTHEASTERLY CDRNER pF LDT 6
ADDITION TD EUGENE FNDUSTRIAL TRA BLOCK 7, THIRD
CT AS PLATTED AND RECORDED I N BD~lC
43, PAGE 22, LANE COUNTY OREGON PLAT RECDRD~; THENCE NORT ''
H 00 53
EAST 57.10 FEET ALONG THE EAST MARGIN OF SAID LOT b. TH N t
89°C?` WEST 22Q.bf FEET TD THE EAST M E CE NORTH;
ARGIN OF CONGER STREET; THEN~E
SOUTHERLY ALONG A CURVE HAVING A RADIUS OF 358.44 FEET
OF WHICH BEARS SOUTH 3° 55' 48" EAST THE LONG HORD
5b.90 FEET, BEING THE EAST MAR ~N
DF CONGER STREET; THENCE SOUTH 0°3D'43" WEST D.39 FEET T
CDRNER DF SAID LDT b; THENCE SOUTH ~ ~ 0 THE SDU HWEST
89 07 .AST 215.82 FEET ALONG HE
SOUTH MARGIN OF SAID LDT 6 TO THE POINT OF BEGINNING A
LANE COUNTY, OREGON. EXCEPT THE EAST LL IN EDGE Et
5 7. 7b FEET THEREOF , ~ N L ANE COUNTY
7RE GDN .
/9/~-8
L. C, Map ~~11-04--35-13
Tax Lots 1200 and 1300
Tract B Beginning at the Sa uthwest corner of the Prior F. Blair Donation Land
Claim Number 39, Township 17 South, Range 4 West of the Willamette Meridian,
said point being on the centerline of 7th Avenue West and the east margin of
McKinley Street in the City of Eugene, Oregon; thence South 0° 3$t 30" West
1396.40 feet along the East margin of McKinley Street to the North margin of
llt h Avenue West; thence North 89° 07~ West 10$7.52 feet along the north margin
of 11th Avenue West to a point, said point being the true point'af beginning;
thence North $9° 07' West 120.00 feet along the north margin of 11th Avenue West
to a point; thence North 0° 30' 43" East 160 feet to a point; thence South $9°
07' East 120 feet to a point; thence South 0° 30' 43" West ~ 160.00 feet to the
true point of beginning, all in the City of Eugene, Oregon.
Tract C Beginning at the Southwest corner of the Prior F, Blair Donation Land
Claim Number 39, Township ll South, Range 4 West of the Willamette Meridian,
said point being on the centerline of 7th Avenue West and the East margin of
McKinley Street in the City of Eugene, Oregon; thence South 4° 3S' 30" West
1396.44 feet along the East margin of McKinley Street to the North marg~tn of
11th Avenue West; thence North 8~° 07' West 120?.52 feet along the North margin
of 11th Avenue West to a point, said point being the true point of beginning;
thence North $9° Ol' West 60.44 feet along the North margin of 11th Avenue West
to a point;•thence North 0° 30' 43" East 160,00 feet to a point; thence South
89° 07' East 60,04 feet to a point; thence South 0° 30' 43" West 160.00 feet to
the true paint of beginning all in the City of Eugene, Lane County, Dr egon.
.._ ~ w ~.
JB2 Properties ~Z 53-12}
Tax Lots 1100, 1200, and 1300--assessor's
Map 17-04-35-13
Tax Lots 1201, 1202, 1203, 1301, 1500,
1501, 1504, and 1505 --Assessor's Map
17-44-35-14
Located on the north side of West 11th
avenue, extending from McK~nley Street
west past Conger Street
Request a change of zone from ~-2 Light-
Med~um ~ndustr~al D~str~ct to C-2 _
Community Cammerc~al D~str~ct
LD:vr/PL42(8)b4
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