HomeMy WebLinkAboutItem 2: Ordinance on South Willamette Metro Plan
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Public Hearing: An Ordinance to Redesignate and Rezone “South Willamette
Properties” for General Office Use by: Amending the Eugene-Springfield Metropolitan
Area General Plan Diagram; Amending the South Willamette Subarea Plan Diagram and
Text; and Amending the Eugene Zoning Map
(City Files MA 09-5, RA 09-1 and Z 09-3)
Hearing Date: February 16, 2010 Agenda Item Number: 2
Department: Planning and Development Staff Contact: Ann Siegenthaler
www.eugene-or.govContact Telephone Number: (541) 682-5452
ISSUE STATEMENT
This public hearing is for a proposal to amend the Metro Plan and the applicable refinement plan, and
approve a concurrent zone change for South Willamette Properties. Approval of the applicant’s request
would redesignate the subject property from High Density Residential to Commercial on the Metro Plan
land use diagram, amend the land use diagram and text in the South Willamette Subarea Study to clarify
that the subject property is appropriate for office use (GO zoning), and rezone the property from R-3
Limited High Density Residential to GO General Office. Approval of the requests would allow future
use and development of the site for general office purposes.
BACKGROUND
The property subject to this request is located at 2440 Willamette Street, on the northwest corner of
Willamette Street and 24th Place, and is identified as Tax Lot 3100 of Assessor’s Map 18-03-06-41.
The location of the subject property is shown on Exhibits A through C of the attached draft ordinance.
The half-acre property is fully developed with an existing medical health facility and associated parking.
While medical health facilities can be allowed under the current designation and zoning, the applicant is
requesting the change to expand the type of office and professional uses that can utilize the existing
commercial building.
The Planning Commission held a public hearing on the applicant’s request on December 8, 2009.
Testimony was received from the applicant and applicant’s representatives in favor of the amendments;
one person provided testimony in opposition to the proposal. On January 11, 2010, the Planning
Commission met for deliberations and voted to recommend approval of the requests, with some minor
modifications of the refinement plan amendment findings related to changed circumstances. These
revisions are included in the findings, which are provided as Exhibit D to the attached draft ordinance.
The ordinance, with any directed changes, will be utilized in the event that the City Council makes
positive findings that the proposal complies with the applicable approval criteria.
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A complete set of materials from the public record are also listed below, as attachments provided to the
City Council under separate cover (and available for review in a binder located at the City Council
office). These materials are hereby incorporated by reference. It is also noted that the public hearing on
this request must follow quasi-judicial procedures, and new evidence will be allowed at the public
hearing. Since the Planning Commission’s public hearing, no additional testimony has been received.
RELATED CITY POLICIES
Eugene Code requires that a Metro Plan amendment, refinement plan amendment and zone change be
consistent with the adopted Metro Plan, applicable refinement plans and Statewide Planning Goals.
Applicable policies of the Metro Plan, South Willamette Subarea Study and Statewide Planning Goals
are addressed in the Planning Commission’s findings (Exhibit D of Attachment A).
COUNCIL OPTIONS
No action is required at this time; however, options will be provided at the time of City Council
deliberations and action scheduled for March 8, 2010. Eugene Code requires that the City Council take
action within 30 days of close of the public record.
CITY MANAGER’S RECOMMENDATION
As this is the public hearing for this item, no recommendation is suggested at this time. A
recommendation will be provided for the City Council deliberations and action scheduled for
March 8, 2010.
SUGGESTED MOTION
None at this time. A suggested motion will be provided at the time of City Council deliberations and
action scheduled for March 8, 2010.
ATTACHMENTS
A.Ordinance, including the following exhibits:
Exhibit A: Metro Plan land use diagram amendment
Exhibit B: South Willamette Subarea Study land use diagram amendment
Exhibit C: Zoning Map amendment
Exhibit D: Findings
ATTACHMENTS PROVIDED UNDER SEPARATE COVER
(located in the City Council Office)
1.Draft Eugene Planning Commission Meeting Minutes, dated January 11, 2010
2.Eugene Planning Commission Agenda and Agenda Item Summary for January 11, 2010
deliberations, with attachments:
a. Preliminary Findings, dated January 11, 2010
3. Eugene Planning Commission Meeting Minutes, dated December 8, 2009
4. Eugene Planning Commission Agenda and Agenda Item Summary for December 8, 2009 public
hearing, with attachments:
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a. Preliminary Findings, dated December 8, 2009
b. Vicinity Map
5.Public testimony: December 8, 2009, letter and attachments from Bill Kloos
6.Public testimony: December 8, 2009, letter from Justin Schmick, Windermere Commercial
7.Applicant’s Revised TIA analysis letter dated November 18, 2009
8.Referral Comments from affected agencies
9.Completeness review comments
10.Notices
11.Applicant’s Memo of clarification of TIA recommendations, dated October 23, 2009.
12.Applicant’s Metro Plan Amendment application materials, dated October 23, 2009
13.Applicant’s Refinement Plan Amendment application materials, dated October 23, 2009
14.Applicant’s Neighborhood/Applicant Meeting materials, for September 16, 2009 meeting
15.Applicant’s Zone Change application materials, dated August 14, 2009
16.Applicant’s Traffic Impact Analysis, dated August 14, 2009.
FOR MORE INFORMATION
Staff Contact: Ann Siegenthaler, Associate Planner
Telephone: (541) 682-5452
Staff e-mail: ann.siegenthaler@ci.eugene.or.us
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ATTACHMENT A
ORDINANCE NO. _________
AN ORDINANCE TO REDESIGNATE AND REZONE “SOUTH
WILLAMETTE PROPERTIES” FOR GENERAL OFFICE USE BY:
AMENDING THE EUGENE-SPRINGFIELD METROPOLITAN AREA
GENERAL PLAN DIAGRAM; AMENDING THE SOUTH WILLAMETTE
SUBAREA PLAN DIAGRAM AND TEXT; AND AMENDING THE
EUGENE ZONING MAP.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
The Metro Plan Diagram land use designation for the property located
at 2440 Willamette Street and identified as Tax Assessor’s Map 18-03-06-41, Tax Lot
3100 is amended from High Density Residential to the Commercial land use
designation, as depicted on Exhibit A attached hereto and incorporated herein by this
reference.
Section 2.
The South Willamette Subarea Study is amended as follows:
A.
Recommendations 4 and 5 on pages 7 - 8 of the Study are revised as
follows:
4) Except for the area described in Recommendation 9,
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cCommercial or office zoning along Willamette between 19 and
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24 Place should not be expanded. The area should appropriately
remain in residential uses as it is designated in the Metro Plan
Diagram. The traffic volumes projected for a two-way Willamette in
this section are approximately 12,000 vehicles per day, an increase
of 4,400. This level of traffic is lower than several other arterial
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streets which are primarily residential: 18 Avenue, 11 Avenue
between downtown and Garfield Street, and Patterson south of
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24. Staff feels that the projected increase in traffic volumes does
not support the conversation of residential to office or commercial
uses.
5) Except for the area described in Recommendation 9, iIn
recognition of existing mix of low, medium and high density
residential uses and the current zoning on the west side of
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Willamette between 19 Avenue and 24 Place, this study
recommends that the Metro Plan Diagram be refined to reflect a
high density residential designation on parcels currently zoned R-3
in the area.
B.
Add a new Recommendation 9 to page 8 of the Study as follows:
Ordinance - Page 1 of 2
9) The property located at the northwest corner of Willamette Street
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and 24 Place should be zoned for GO General Office Use.
C.
Revise Map A-3 Summary of Land Use Recommendations to add a new
category to the map legend for “Recommendation 9” and to apply
Recommendation 9 to the land referenced in section 1, above, as shown
on Exhibit B attached hereto and incorporated herein by this reference.
Section 3.
The zoning for the land referenced in Section 1 above is rezoned
from R-3 Limited High Density Residential to GO General Office, as depicted on Exhibit
C attached hereto and incorporated herein by this reference.
Section 4.
The findings set forth in Exhibit D attached hereto are adopted as
findings in support of this Ordinance.
Section 5.
If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held invalid or unconstitutional by a court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portions hereof.
Passed by the City Council this Approved by the Mayor this
_____ day of _____________, 2010 _____ day of ______________, 2010
_______________________________ _______________________________
City Recorder Mayor
Ordinance - Page 2 of 2
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Property proposed for change from High Density Residential to Commercial
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Property proposed for change from R-3 Limited High Density Residential to GO General Office
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Exhibit D
Findings
South Willamette Properties, LLC
(MA 09-5, RA 09-1, Z 09-3)
Metro Plan Diagram Amendment (MA 09-5)
The proposed amendment changes the current Metro Plan land use diagram designation of the
subject property, approximately .5 acre in area, from High Density Residential to Commercial.
Eugene Code (EC) Section 9.7730(3) requires that the following criteria (in bold italics) be applied
to a Metro Plan diagram amendment:
(a) The amendment must be consistent with the relevant Statewide Planning Goals adopted by
the Land Conservation and Development Commission.
Goal 1 Citizen Involvement: To develop a citizen involvement program that insures the opportunity
for citizens to be involved in all phases of the planning process.
The City has acknowledged provisions for citizen involvement that ensure the opportunity for
citizens to be involved in all phases of the planning process and set out requirements for such
involvement. The action does not amend the citizen involvement program. The process for
reviewing the proposed amendment complies with Goal 1 since it complies with, and surpasses
the requirements of, the citizen involvement provisions.
The City of Eugene land use code implements Statewide Planning Goal 1 by requiring that notice of
the proposed amendments be given and public hearings be held prior to adoption. Consideration
of the amendments began with a City of Eugene Planning Commission public hearing on December
8, 2009.
Subsequent to deeming the applications complete, the City mailed notice of the proposed plan
amendments to the Department of Land Conservation and Development on October 22, 2009, as
required by the Eugene Code and in accordance with State statutes. Referrals concerning the
pending applications were sent on October 23, 2009 to the City of Springfield, Lane County, the
affected neighborhood group, the Friendly Area Neighbors, and to City departments.
The Planning Commission public hearing was noticed, in accordance with Eugene Code
requirements, to the City of Springfield and Lane County, and community groups and individuals
Findings – South Willamette Properties Page 1 of 16
who have requested notice, as well as property owners and occupants within 500 feet of the
subject property, and the Friendly Area Neighbors. Notice was also posted in accordance with
Eugene Code. On November 18, 2009, notice of the Planning Commission public hearing was
published in the Register-Guard. The City Council will then hold a duly noticed public hearing to
consider approval, modification, or denial of the proposed ordinance. These processes afford
ample opportunity for citizen involvement consistent with Goal 1. Therefore, the proposed
ordinance is consistent with Statewide Planning Goal 1.
The process for adopting the proposed amendment complies with Statewide Planning Goal 1 since
it complies with the requirements of the State’s citizen involvement provisions.
Goal 2 - Land Use Planning: To establish a land use planning process and policy framework as a
basis for all decisions and actions related to use of land and to assure an adequate factual base for
such decisions and actions.
The Eugene-Springfield Metropolitan Area General Plan (Metro Plan) is the policy tool that
provides a basis for decision-making in this area. The Metro Plan was acknowledged by the State
in 1982 to be in compliance with statewide planning goals. These findings and application record
show that there is an adequate factual basis for the decisions concerning the proposed
amendments. Goal 2 requires that plans be coordinated with the plans of affected governmental
units and that opportunities be provided for review and comment by affected governmental units.
To comply with the Goal 2 coordination requirement, the City coordinated the review of the
proposed amendment with all affected governmental units. Specifically, notice was mailed to the
State Department of Land Conservation and Development, Lane County, and the City of
Springfield. There are no Goal 2 exceptions required for the proposed amendment. Therefore,
the amendments are consistent with Statewide Planning Goal 2.
Goal 3 - Agricultural Land: To preserve and maintain agricultural lands.
Goal 3 is not applicable to the proposed amendment as the subject property and amendment do
not affect any agricultural plan designation or use. Goal 3 excludes lands inside an acknowledged
urban growth boundary from the definition of agricultural lands. Because the subject property is
entirely within the acknowledged urban growth boundary, Goal 3 is not relevant and the
amendment does not affect the area’s compliance with Statewide Planning Goal 3.
Goal 4 - Forest Land: To conserve forest lands.
Goal 4 is not applicable to the proposed amendment as the subject property and amendment does
not affect any forest plan designation or use. Goal 4 does not apply within urban growth
boundaries and, therefore, does not apply to the subject property, which is within Eugene's urban
growth boundary (OAR 660-006-0020). Therefore, Goal 4 is not relevant and the amendment does
not affect the area’s compliance with Statewide Planning Goal 4.
Findings – South Willamette Properties Page 2 of 16
Goal 5 - Open Spaces, Scenic and Historic Areas, and Natural Resources: To conserve open space
and protect natural and scenic resources.
Oregon Administrative Rule OAR 660-023-0250(3) provides that local governments are not
required to apply Goal 5 in consideration of a post acknowledgement plan amendment (PAPA)
unless the PAPA affects a Goal 5 resource. The subject property does not include a Goal 5 resource
site. The proposed amendment does not create or amend a list of Goal 5 resources, does not
amend a plan or code provision adopted in order to protect a significant Goal 5 resource or to
address specific requirements of Goal 5, does not allow new uses that could be conflicting uses
with a particular Goal 5 resource site, and does not amend the acknowledged Urban Growth
Boundary. Therefore, Statewide Planning Goal 5 does not apply to the proposed amendment.
Goal 6 - Air, Water and Land Resources Quality: To maintain and improve the quality of the air,
water, and land resources of the state.
Goal 6 addresses waste and process discharges from development, and is aimed at protecting air,
water and land from impacts from those discharges. The proposal does not amend the
metropolitan area’s air, water quality or land resource policies. The site is currently developed
with an office building and associated parking, and it can be reasonably expected that any future
development of the site comply with applicable environmental laws. Nothing in the proposal or
the character of the site or potential future uses indicates a future development that would
compromise air, water and land resources. Based on this, the amendments are consistent with
Statewide Planning Goal 6.
Goal 7 - Areas Subject to Natural Disasters and Hazards: To protect life and property from natural
disasters and hazards.
Goal 7 requires that local government planning programs include provisions to protect people and
property from natural hazards such as floods, landslides, earthquakes and related hazards,
tsunamis and wildfires. The subject property is not located within known areas of natural disasters
or hazards. The subject property is outside the flood zone and is not subject to hazards normally
associated with steep slopes, wildfires, or tsunamis. The property has already been developed
through the applicable permit reviews for compliance with adopted building codes and fire codes.
Therefore, the proposed amendment is consistent with Statewide Planning Goal 7.
Goal 8 - Recreational Needs: To satisfy the recreational needs of the citizens of the state and
visitors and, where appropriate, to provide for the siting of necessary recreational facilities
including destination resorts.
Goal 8 ensures the provision of recreational facilities to Oregon citizens and is primarily concerned
with the provision of those facilities in non-urban areas of the state. There are no public or private
recreational facilities on or adjacent to the subject property. Therefore the proposed amendment
will not impact the provision of public recreational facilities, nor will it affect access to existing or
Findings – South Willamette Properties Page 3 of 16
future public recreational facilities. The proposed amendment is, therefore consistent with
Statewide Planning Goal 8.
Goal 9 - Economic Development: To provide adequate opportunities throughout the state for a
variety of economic activities vital to the health, welfare, and prosperity of Oregon’s citizens.
The Oregon Administrative Rule for Statewide Planning Goal 9 (OAR 660 Division 9) requires that
the City “[p]rovide for at least an adequate supply of sites of suitable sizes, types, location, and
service levels for a variety of industrial and commercial uses consistent with plan policies[.]”
Among other things, the rule requires that cities designate industrial and commercial lands
sufficient to meet short and long term needs (OAR 660-009-0025). In addition, OAR 660-009-
0010(4) provides that, when a city changes its plan designations of lands in excess of two acres
from an industrial use designation to a non-industrial use designation, or an other employment
use designation to any other use designation, pursuant to a post acknowledgment plan
amendment, it must address all applicable planning requirements and (a) demonstrate that the
proposed amendment is consistent with the parts of its acknowledged comprehensive plan which
address the requirements of OAR 660 Division 9; or (b) amend its comprehensive plan to explain
the proposed amendment pursuant to OAR 660 Division 9; or (c) adopt a combination of (a) and
(b) consistent with the requirements of Division 9.
The proposed amendment changes the designation of less than two acres of land, and the
proposed change is from residential to an “other employment use designation.” Therefore, in this
instance, OAR 660-009-0010(4) does not apply.
The 1992 Eugene Commercial Lands Study (ECLS) is acknowledged for compliance with the
requirements of Goal 9 and its Administrative Rule. Further analysis of the proposed amendment
relative to the ECLS is provided below in the findings at EC 9.7730(3)(b), which are incorporated
herein by reference.
Based on the above findings, the proposal is consistent with Statewide Planning Goal 9.
Goal 10 - Housing: To provide for the housing needs of the citizens of the state.
Goal 10 requires that communities plan for and maintain an inventory of buildable residential land
for needed housing units. The Administrative Rule for Statewide Planning Goal 10 (OAR 660
Division 8) states that “the mix and density of needed housing is determined in the housing needs
projection. Sufficient buildable land shall be designated on the comprehensive plan map to satisfy
housing needs by type and density range as determined in the housing needs projection. The local
buildable lands inventory must document the amount of buildable land in each residential plan
designation.” The comprehensive plan map for the City is the Metro Plan land use diagram. The
1999 Eugene-Springfield Metropolitan Area Residential Lands and Housing Study (RLS) is
acknowledged for compliance with the requirements of Goal 10 and its Administrative Rule.
Findings – South Willamette Properties Page 4 of 16
There is sufficient evidence to show that the subject property was not included in the RLS supply
analysis. The RLS states that it assumed that 32 percent of residential land would be used for non-
residential uses, and that lands used for non-residential uses, such as commercial, were subtracted
from the available amount of buildable land. According to the applicant’s narrative (page 7 of the
Metro Plan narrative), the subject property has been developed with a non-residential, office use
since the 1960s. City records confirm that the property has been in a non-residential use since
prior to the residential lands supply analysis. Because the subject property was not included as
residential land in the RLS, the proposed amendment does not affect the residential land supply
and is, therefore, consistent with Goal 10.
Based on the findings above, the amendment is consistent with Statewide Planning Goal 10.
Goal 11 - Public Facilities and Services: To plan and develop a timely, orderly and efficient
arrangement of public facilities and services to serve as a framework for urban and rural
development.
The area affected by the amendments is located inside the City limits. The existing level of public
facilities and service is adequate to serve the needs of existing and future development. The site is
currently developed with an office building and a parking lot, and is fully served. If the property is
redeveloped in the future, existing City land use regulations ensure that provision of public
facilities and services is addressed in the context of any future development proposal. The
proposed amendment does not significantly affect the planning or development of future public
facilities or services. Based on this, the amendment is consistent with Statewide Planning Goal 11.
Goal 12 - Transportation: To provide and encourage a safe, convenient and economic
transportation system.
Goal 12 is implemented through the Transportation Planning Rule (TPR), as defined in Oregon
Administrative Rule OAR 660-012-0000, et seq. The Eugene-Springfield Metropolitan Area
Transportation Plan (TransPlan) provides the regional policy framework through which the TPR is
implemented at the local level. The TPR (OAR 660-012-0060) states that when land use changes,
including amendments to acknowledged comprehensive plans, significantly affect an existing or
planned transportation facility the local government shall put in place measures to assure that the
allowed land uses are consistent with the identified function, capacity and performance standards
(level of service, volume to capacity ratio, etc.) of the facility.
To address the TPR, the applicant submitted a Traffic Impact Analysis (TIA), dated August 14, 2009,
and a letter with revised analyses and tables on November 18, 2009, both prepared by Access
Engineering. City Public Works staff were consulted in the scoping and development of the TIA
and generally agree that the analysis methods used in the TIA materials are acceptable. The TIA
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included analysis of the intersections of Willamette Street at 24 Avenue and Willamette Street at
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24 Place. Willamette Street is classified as a minor arterial; 24 Avenue and 24 Place are both
classified as local streets. All are improved streets.
Findings – South Willamette Properties Page 5 of 16
The TIA evaluates the current performance of the above transportation facilities, the performance
of these facilities at year of opening, and in 2015, relative to current zoning/designations and
proposed zoning/designations. The end of the planning period in the City’s adopted transportation
system plan (TransPlan) is 2015. Regarding planned transportation facilities required to be
addressed by OAR 660-012-0060(1), referral comments from Public Works staff indicate that there
are no planned facilities in this area.
In evaluating impacts, the TIA uses a “reasonable worst-case” scenario for an R-3 High Density
Residential development as compared to a “reasonable worst-case” scenario for GO General
Office uses, based on the maximum allowable density of dwelling units and floor area,
respectively, and anticipated trip generation and distribution during the AM and PM Peak Hours.
Based on the TIA, reasonable worst-case scenario development on the site under an R-3 zoning is
anticipated to generate 32 trips in the PM peak hour (the period of greatest impact), and 51 trips
under a GO zoning.
Determination of Significant Effect
The TPR requires a determination of which existing and planned transportation facilities will
experience a significant effect as a result of the proposed plan amendment, and defines what
constitutes a significant effect. One way in which an amendment will significantly affect an
existing or planned transportation facility is, if at the end of the planning period, the amendment
will reduce the performance of a transportation facility below the minimum acceptable
performance standard or will worsen the performance of a transportation facility that is otherwise
projected to perform below the minimum acceptable performance standard (OAR 660-012-
0060(1)(c)(B) and (C)).
In determining whether there is a significant effect, Level of Service (LOS) is used to identify and
analyze each facility for the minimum level of performance standard. As identified in TransPlan,
LOS A represents the least congested conditions and LOS F the most congested. Under TransPlan
policies, LOS D is the minimum adopted performance standard for the City of Eugene outside of
the Central Area Transportation Study (CATS) area and nodal development areas. Although the
applicant’s narrative makes numerous references to CATS, where LOS E is the minimum standard
during peak hour traffic conditions, the subject property is located outside of those boundaries,
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which end at 19 Avenue. Therefore, the CATS mobility standards are not applicable here.
As the applicant’s TIA concludes, the proposed plan amendments will not significantly affect
existing transportation facilities under OAR 660-012-0060(1)(a), relative to the functional
classification of an existing or planned transportation facility, or under OAR 660-012-0060(1)(b),
relative to standards implementing a functional classification system.
Regarding subsections OAR 660-012-0060(1)(c), the proposed amendments will not significantly
affect existing transportation facilities. As shown in Table 6 of the applicant’s November 18, 2009
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revised TIA analysis, the Willamette/24 Avenue intersection currently operates at LOS A in the
Findings – South Willamette Properties Page 6 of 16
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AM peak hour and LOS B in the PM peak hour, and the Willamette Street/24 Place intersection
currently operates at LOS A in both the AM and PM peak hours. As shown in Table 8 of the
November 18, 2009 materials, both intersections are projected to continue to perform at these
same levels of service in 2015 under the current residential designation, and under the proposed
plan designation. As the proposed amendment will not reduce the performance of an existing or
planned transportation facility below the minimum acceptable performance standard or worsen
the performance of an existing or planned transportation facility that is otherwise projected to
perform below the minimum acceptable performance standard, no transportation facilities are
significantly affected and therefore, no mitigation is required pursuant to OAR 660-012-0060(2).
It is noted that, although Table 8 of applicant’s November 18, 2009 materials shows that the
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eastbound movements of the Willamette/24 Place intersection are projected to perform at an
LOS F in 2015 as a result of the amendment, the overall intersection is projected to perform at LOS
A. An important factor in calculating intersection performance is the measure(s) of effectiveness,
which is the basis for determining level of service. For a signalized intersection it is average
stopped delay (vehicles waiting during red displays or the Volume to Capacity ratio), while
unsignalized intersections are evaluated for average total delay (seconds per vehicle summed for
all movements on all approaches and averaged). The applicant’s materials show the Willamette/
24th Place intersection (an unsignalized intersection) delay per approach, per movement, which
shows eastbound left turns at LOS F; however, when the sum of all delay is averaged, the
intersection will achieve LOS A, which is performing within TransPlan standards.
Based on the available evidence, the proposal complies with Statewide Planning Goal 12 as
implemented through OAR 660-012-0060.
Goal 13 - Energy Conservation: To conserve energy.
Statewide Planning Goal 13 is directed at the development of local energy policies and
implementing provisions and does not state requirements with respect to other types of land use
decisions. The proposed site is located in a developed, urban area, where any future development
of the property can make efficient use of energy with direct and efficient access to the existing
transportation system and other urban services. In addition, the applicant’s written statement
(page 8 of the Refinement Plan narrative) describes how the amendment may promote re-use of
existing development and building materials, thereby conserving energy. To the extent that Goal
13 is applicable to the proposed change in designation, the applicant’s related findings are
incorporated herein by reference. Based on the above, the proposal is consistent with Statewide
Planning Goal 13.
Goal 14 - Urbanization: To provide for an orderly and efficient transition from rural to urban land
use.
The proposed amendment does not affect the transition from rural to urban land use, as the
subject property is within the City limits. Therefore, Statewide Planning Goal 14 does not apply.
Findings – South Willamette Properties Page 7 of 16
Goal 15 - Willamette River Greenway: To protect, conserve, enhance and maintain the natural,
scenic, historical, agricultural, economic and recreational qualities of lands along the Willamette
River as the Willamette River Greenway.
The subject property is not within the boundaries of the Willamette River Greenway. Therefore,
Statewide Planning Goal 15 does not apply.
Goal 16 through 19 - Estuarine Resources, Coastal Shorelands, Beaches and Dunes, and Ocean
Resources:
There are no coastal, ocean, estuarine, or beach and dune resources related to the property
affected by the proposed amendment. Therefore, these goals are not relevant and the
amendment will not affect compliance with Statewide Planning Goals 16 through 19.
(b) Adoption of the amendment must not make the Metro Plan internally inconsistent.
The Metro Plan diagram amendment to re-designate the property from High Density Residential to
Commercial will not create an internal conflict with the remainder of the Metro Plan. The
applicant has provided findings to show how the proposed amendment is consistent with the
goals and objectives contained in the Metro Plan. Although those goals and objectives are not
directly applicable to the proposal, the applicant has also provided findings (starting at page 13 of
Metro Plan narrative) that describe how the proposal is consistent with four Economic Element
policies, and one Transportation Element policy. Policies that are directly applicable to the
proposed amendment are discussed further below.
A. Residential Land Use and Housing Element
Provide an adequate supply of buildable residential land within the UGB for the 20-year
planning period at the time of Periodic Review. (Policy A.3)
The proposed amendment will convert .5 acre of land designated as High Density Residential land
to the Commercial land designation. As noted in the findings relative to Statewide Goal 10 (under
EC 9.7730(3)(b) above), which are incorporated herein by reference, the subject property was
already developed in non-residential uses prior to the adoption of the RLS and, therefore, was not
considered as buildable residential land in the RLS. It has remained in office use and has never
been available for a transition into residential development. Further, the proposed Commercial
designation will enable zoning, such as the applicant’s proposed zoning to General Office, that
would still allow for residential development. Based on this, the proposal is consistent with the
above policy.
B. Economic Element
Findings – South Willamette Properties Page 8 of 16
Demonstrate a positive interest in existing and new industries, especially those providing
above average wage and salary levels, an increased variety of job opportunities, a rise in
the standard of living, and utilization our existing comparative advantage in the level of
education and skill of the resident labor force. (Policy B.1)
Encourage economic development which utilizes local and imported capital, entrepreneurial
skills, and the resident labor force. (Policy B.2)
Increase the amount of undeveloped land zoned for light industrial and commercial uses
correlating the effective supply in terms of suitability and availability with the projections of
demand. (Policy B.6)
Encourage economic activities which strengthen the metropolitan area’s position as a
regional distribution, trade, health and service center. (Policy B.11)
The applicant has submitted findings to support the conclusion that the proposal is consistent with
the above Economic Element policies of the Metro Plan. These policies are not directly applicable
in that they do not constitute mandatory approval criteria, i.e. direction to “demonstrate a
positive interest in” or “encourage” does not provide sufficient objective direction to constitute a
mandatory approval criterion under which an application may be evaluated. Further, Policy B.6
applies only to undeveloped land. However, to the extent that these policies apply to the
proposed amendment, the applicant’s findings (at pages 13, 14, and 15 of the Metro Plan
narrative) are incorporated herein by reference as evidence of consistency with these policies.
The 1992 Eugene Commercial Lands Study (ECLS) contains several policies aimed at maintaining
the supply of viable commercial lands. The proposed amendment would change the property's
plan designation from one that supports limited commercial use (High Density Residential) to
another that supports a wider range of commercial uses (Commercial). Both designations would
also allow high density residential construction. As a result, the potential change in the level of
commercial use on this .5-acre property would have an insignificant impact on the total supply of
commercial land. Several policies in the ECLS support, in general, a Commercial designation of the
subject property. These policies are discussed below.
Promote redevelopment of existing commercial areas and compact, dense growth by
encouraging businesses to revitalize and reuse existing commercial sites. (Policy 6)
Promote neighborhood-oriented commercial facilities and community commercial areas
rather than additional major retail centers. (Policy 11)
Concentrate development in existing commercial areas to minimize traffic impacts on the
rest of the city. (Policy 12)
Findings – South Willamette Properties Page 9 of 16
While these policies do not constitute mandatory approval criteria, to the extent that these
policies are applicable to the proposal, the following findings are provided: The proposed
amendment to Commercial would further the reuse and revitalization of an existing medical
health facility as envisioned by Policy 6, as it would allow the site to accommodate a range of
commercial and office development. With regard to Policies 11 and 12, the subject property is
already developed as a medical health facility, and is located in an area of mixed commercial and
residential uses. There are existing commercial uses immediately to the north of the subject
property (an office building also zoned R3) and to the south of the property (zoned C2 Community
Commercial). One block to the south is an area zoned GO; two blocks to the north is a large office
complex zoned GO. The proposed amendment would open the site to a broader range of
neighborhood- and community-commercial uses that have the potential to directly serve the
surrounding neighborhood. This would also encourage the concentration of commercial
development in the South Willamette area, rather than in outlying major retail centers.
Further strip commercial activity along Willamette Street will be discouraged. Strip
commercial is defined as commercial facilities which are largely oriented to automobile
traffic, such as retail uses found in the C-2 General Commercial District. Small-scale General
Office District developments are not considered strip commercial (Policy 22).
The proposed amendment will facilitate a zone change to GO General Office and, therefore, will
increase the range of commercial and office uses allowed on the site. The existing facility on the
site is not an auto-oriented use, and the proposed zoning of GO General Office does not allow
large-scale, auto-oriented retail establishments or “strip commercial” uses. Under GO zoning,
retail sales are allowed only when located in a building that already contains office or residential
uses. The proposed amendment will promote continued use of the existing facility for primarily
general office uses, consistent with this policy.
C. Transportation Element
The applicant’s narrative addresses (page 15 Metro Plan narrative) Transportation Policy F.15,
related to motor vehicle level of service standards. As discussed above in the findings under
Statewide Planning Goal 12 – “Transportation,” which are incorporated herein by reference, the
proposal demonstrates compliance with adopted LOS standards and with Statewide Planning Goal
12 – “Transportation.” In demonstrating compliance with adopted LOS standards, the proposal
also is shown to be consistent with Metro Plan policy F.15.
Based on the findings above, the proposal is consistent with the Metro Plan Amendment criteria.
Refinement Plan Amendments (RA 09-1)
The applicable refinement plan is the 1988 South Willamette Subarea Study (SWS). Although the
applicant’s application materials make several references to the Central Area Transportation Study
Findings – South Willamette Properties Page 10 of 16
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(CATS), CATS is not applicable to this site. The SWS extends south to 24 Place, while the southern
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boundary of CATS is 19 Avenue. The SWS was adopted as a refinement to the Metro Plan,
although it originated out of CATS.
The proposed amendment will amend the SWS text (“Recommendations” page 7) and land use
diagram (Map A-3) to change the High Density Residential designation of the subject property to
General Office. The specific amendments are discussed further below.
Eugene Code (EC) Section 9.8424 requires that the following criteria (in bold and italics) be
applied to a Refinement Plan amendment:
(1)(a) The refinement plan amendment is consistent with the Statewide planning goals.
The findings under EC 9.7730(3)(a), above, are incorporated herein by reference. Based on those
findings, the amendment is consistent with this approval criterion.
(1)(b) The refinement plan amendment is consistent with the applicable provisions of the Metro
Plan.
Applicable provisions of the Metro Plan are evaluated under EC 9.7730(3)(b), above with respect
to the proposed refinement plan amendments and Metro Plan amendment. The findings under EC
9.7730(3)(b) are incorporated herein by reference. Further, the proposed refinement plan land
use diagram amendment from High Density Residential to General Office is consistent with the
proposed Metro Plan land use diagram amendments from High Density Residential to Commercial.
Based on the above findings, the amendment is consistent with this approval criterion.
(1)(c) The refinement plan amendment is consistent with the remaining portions of the
refinement plan.
The proposal to amend the SWS text and land use diagram to re-designate the subject property
from a designation of High Density Residential to General Office is determined to be consistent
with remaining portions of the refinement plan. The basis of this conclusion is addressed in more
detail below.
The SWS contains eight recommendations that are specific to geographic areas of the South
Willamette sub-area, and not all are directly applicable to the proposed amendment. However,
nothing in the proposal would directly conflict with remaining recommendations. The applicable
recommendations are discussed below.
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Recommendation #1: Rezone the lot on the east side of Willamette, south of 24 Place
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from C-2 to General Office, to support the transition from residential north of 24 Place to
commercial south of the subject lot.
Findings – South Willamette Properties Page 11 of 16
Although Recommendation #1, to rezone the lot across the street from the subject property to
General Office, is not directly applicable to the proposed amendment, it is relevant in that General
Office is suggested as an appropriate transition between residential and commercial. North of the
subject property is an area zoned R-3 Limited High Density Residential, to the west (across the
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alley) is R-2 Medium-Density Residential, and to the south (across 24 Place) is C-2 Commercial
zoning. The proposed plan amendment to General Office would provide a transition between
residential uses and the start of community commercial uses to the south. Further, the height
limit of 50 feet in the GO zone (the same height limit in the R-3 zone) maintains a buffer between
residential uses and C-2 Community Commercial to the south. Based on this, the proposal is not
inconsistent with Recommendation #1.
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Recommendation #4: Commercial or office zoning along Willamette between 19 and 24
Place should not be expanded. The area should appropriately remain in residential uses as
it is designated in the Metro Plan Diagram. The traffic volumes projected for a two-way
Willamette in this section are approximately 12,000 vehicles per day, an increase of 4,400.
This level of traffic is lower than several other arterial streets which are primarily
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residential: 18 Avenue, 11 Avenue between downtown and Garfield Street, and
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Patterson south of 24. Staff feels that the projected increase in traffic volumes does not
support the conversion of residential to office or commercial uses.
Recommendation #5: In recognition of existing mix of low, medium and high density
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residential uses and the current zoning on the west side of Willamette between 19 Avenue
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and 24 Place, this study recommends that the Metro Plan diagram be refined to reflect a
high density residential designation on parcels currently zoned R-3 in the area.
As noted previously, the subject property has been developed as a medical health facility with
associated parking since prior to the adoption of the 1988 SWS. It is located in an area of mixed
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residential and commercial uses. The block in which the property is located, between 24 Avenue
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and 24 Place, contains three parcels, all of which are currently developed in similar medical,
commercial or office uses. To the south of this block are C-2 Community Commercial uses; to the
north of this block, residential uses begin. A General Office designation for the subject property
would have little visible effect with regard to existing site improvements or the vicinity and, based
on the findings under Statewide Goal 12, the amendment would not result in any significant
change in traffic. While the change in designation would allow a range of office uses on the site,
the R-3 High Density Residential zone to the north would remain primarily residential under the
proposed amendment. A General Office designation on the subject property does not conflict
with the intent of the original recommendations with regard to residential uses as the property is
not in residential use, nor does it expand commercial uses in the area, as the property is already
developed with a use that would be allowed in the proposed designation. Therefore, the proposed
amendment is consistent with the remaining provisions of Recommendations #4 and #5.
The applicant proposes to amend Recommendations #4 and #5 such that they will not apply to the
subject property, and to clarify that the property should be designated as General Office.
Findings – South Willamette Properties Page 12 of 16
Although the applicant’s specific text amendments are not recommended, alternative language is
proposed below to achieve the same purpose, and to distinguish the amendment as applicable
only to the subject property. Proposed changes to Recommendations #4 and #5, and an
additional Recommendation #9 are provided below (additions are underlined and deletions shown
with strikeout).
Recommendation #4: Except for the area described in Recommendation #9, Ccommercial
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or office zoning along Willamette between 19 and 24 Place should not be expanded. The
area should appropriately remain in residential uses as it is designated in the Metro Plan
Diagram. The traffic volumes projected for a two-way Willamette in this section are
approximately 12,000 vehicles per day, an increase of 4,400. This level of traffic is lower
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than several other arterial streets which are primarily residential: 18 Avenue, 11 Avenue
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between downtown and Garfield Street, and Patterson south of 24. Staff feels that the
projected increase in traffic volumes does not support the conversion of residential to office
or commercial uses.
Recommendation #5: Except for the area described in Recommendation #9, Iin recognition
of existing mix of low, medium and high density residential uses and the current zoning on
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the west side of Willamette between 19 Avenue and 24 Place, this study recommends
that the Metro Plan diagram be refined to reflect a high density residential designation on
parcels currently zoned R-3 in the area.
Recommendation #9
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The property located at the northwest corner of Willamette Street and 24 Place should be
zoned for GO General Office use.
With additional policy Recommendation #9 to address the subject property, the proposed
amendment is consistent with Recommendations #4 and #5 as they will remain, because the
amendment does not change any other aspect of these policy recommendations as they apply to
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other properties between 19 Avenue and 24 Place. Based on the above findings, the proposal is
found to be consistent with the remaining provisions of the SWS.
(2) The refinement plan amendment addresses one or more of the following:
(a) An error in the publication of the refinement plan.
(b) New inventory material which relates to a statewide planning goal.
(c) New or amended community policies.
(d) New or amended provisions in a federal law or regulation, state statute, state
regulation, statewide planning goal, or state agency land use plan.
(e) A change of circumstances in a substantial manner that was not anticipated at the
time the refinement plan was adopted.
The proposed amendment does not address an error in the publication of the SWS, new inventory
materials related to statewide planning goals, or new or amended state or federal laws,
Findings – South Willamette Properties Page 13 of 16
regulations or policies. Therefore, criteria EC 9.8424(2)(a), (b), and (d) above are not applicable to
this request. To the extent that the applicant’s findings under these criteria are relevant or
applicable, they are incorporated herein by reference.
Regarding subsection (c), the proposed amendment has been found to comply with the applicable
Metro Plan and refinement plan approval criteria; therefore, the proposed Metro Plan
amendment constitutes a new community policy in the context of this criterion.
Regarding subsection (e), the proposed refinement plan amendment addresses a change of
circumstances. It is noted that the applicant’s narrative (page 17 of Refinement Plan narrative)
describes several changes in circumstances relative to the proposal. To the extent that those
changed circumstances are addressed by the proposed amendment, the applicant’s findings are
incorporated herein by reference. However, the factors described below are more directly
relevant to the proposed amendment.
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The 1988 SWS recognized that there was an existing medical facility (“dental clinic”) between 19
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Avenue and 24 Place, the area subject to Recommendations #4 and #5. Since the adoption of the
1988 SWS, there have been several changes in circumstances that have affected the viability of the
subject property for medical office uses in the R-3 zone.
The site was developed in medical clinic or office uses as early as the 1960s. At the time, the
subject property was zoned RG Residential Garden, which allowed medical facilities in the zone
without any special permit, i.e. without a conditional use permit. (General office uses were not
allowed, nor are they currently allowed in the R-3 zone.) Since then, there have been
amendments to the land use code that require a conditional use permit for medical health
facilities in the R-3 zone. In addition, the land use code now requires that non-residential uses in
residential zones, such as medical facilities and churches, comply with minimum residential
densities. These density requirements can be a barrier to major upgrades or conversions of
existing non-residential uses, further limiting the ability of these non-residential uses to adapt over
time.
In addition, the SWS did not anticipate trends in the local economy that would affect the viability
of certain types of medical health facilities. Since 1988, the characteristics of medical services and
facilities have changed, in terms of their size and location (e.g. small, multi-tenant facilities located
close to downtown hospitals versus large, single-tenant facilities). The applicant notes (page 6 of
Refinement Plan narrative), that “Even as the applicant is unable to market the property for other
types of office uses, existing and new medical development is being drawn toward and is
relocating to the area of the new Riverbend Hospital in Springfield.” The applicant further notes
(page 11 of the Metro Plan narrative): “It is necessary to expand the types of Office/Professional
uses that can utilize the existing office building as demand for medical facilities in the Eugene area
shrinks.” This supports the conclusion that there has been a change in circumstances since the
adoption of the 1988 SWS.
Findings – South Willamette Properties Page 14 of 16
In conclusion, the proposed amendment addresses changed circumstances that were not
anticipated at the time the SWS recommendations were adopted. It is, therefore, recommended
that text changes and map changes be adopted that address these changed circumstances. The
applicant has provided proposed text amendments. However, it is necessary to provide
alternative language to adequately clarify the status of the subject property as distinct from other
properties addressed in the SWS recommendations. Proposed changes to Recommendations #4
and #5, and an additional Recommendation #9 are provided above under the findings at EC
9.8424(1)(c).
Based on the findings above, the proposal is consistent with the refinement plan amendment
criteria.
Zone Change (Z 09-3)
The applicant proposes to rezone a .5 acre property that is currently zoned R-3 High Density
Residential, to GO General Office. EC 9.8865 requires that the following criteria (in bold and italic)
be applied to a Zone Change.
(1) The proposed change is consistent with applicable provisions of the Metro Plan. The
written text of the Metro Plan shall take precedence over the Metro Plan diagram where
apparent conflicts or inconsistencies exist.
Approval of the zone change is dependent upon approval of the Metro Plan diagram amendment
to re-designate .5 acre of High Density Residential to Commercial. The findings under EC
9.7730(3)(b), above, are incorporated herein by reference. Those findings address the applicant’s
consistency with the Metro Plan.
(2) The proposed zone change is consistent with applicable adopted refinement plans. In the
event of inconsistencies between these plans and the Metro Plan, the Metro Plan
controls.
Approval of the zone change is dependent upon approval of the refinement plan diagram and text
amendments to re-designate .5 acre of High Density Residential to General Office. The findings
under EC 9.8424(1)(c), are incorporated herein by reference. Those findings address the
application’s consistency with the applicable South Willamette Subarea Study.
(3) The uses and density that will be allowed by the proposed zoning in the location of the
proposed change can be served through the orderly extension of key urban facilities and
services.
The discussion of compliance with Statewide Planning Goal 11 – “Public Facilities and Services,”
and Goal 12 – “Transportation” in the findings regarding the Statewide Planning Goals (see below)
Findings – South Willamette Properties Page 15 of 16
are incorporated herein by reference. With the findings established and referenced herein, the
proposal complies with this criterion.
(4)The proposed zone change is consistent with the applicable siting requirements set out
for the specific zone in:
(a) EC 9.2150 Commercial Zone Siting Requirements.
The siting requirements apply to C-1 Neighborhood Commercial and C-4 Commercial/Industrial.
There are no applicable siting requirements for the proposed GO General Office zone; therefore,
this criterion does not apply.
(5) In cases where the NR zone is applied based on EC 9.2510(3), the property owner shall
enter into a contractual arrangement with the city to ensure the area is maintained as a
natural resource area for a minimum of 50 years.
The NR zone is not requested. Therefore, the above criterion is not applicable.
Conclusion:
Based on the available information and materials in the record, and the above findings, the
proposal is found to be consistent with the applicable approval criteria.
Findings – South Willamette Properties Page 16 of 16