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HomeMy WebLinkAboutOrdinance No. 20312 COUNCIL ORDINANCE NUMBER 20312 COUNCIL BILL NUMBER 4866 AN ORDINANCE AMENDING THE EUGENE- SPRINGFIELD METROPOLITAN AREA GENERAL PLAN DIAGRAM AND THE FAIRMOUNTIUNIVERSITY OF OREGON SPECIAL AREA STUDY DIAGRAM AND TEXT; AMENDING SECTIONS 9.8865 AND 9.9570 OF THE EUGENE CODE, 1971; ADDING NEW SECTIONS 9.4200, 9.4205, 9.4210, 9.4215, AND 9.4220 TO THAT CODE; ADOPTING A SEVEP~ABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. ADOPTED: March 8, 2004 PASSED: 8/0 REJECTED: OPPOSED: ABSENT: EFFECTIVE DATE: April 7, 2004, or upon the date of its acknowledgment, whichever is later CITY OF EUGENE iNTER-DEPARTMENTAL MEMOiRANDUM CITY ATTORNEY - CIVIL DEPARTMENT To: Mary Fddman, City Recorder Date: June 15, 2004 Subject: Scrivener Error Correction to Ordinance 20312 It has been brought to our attention that there was a scrivener error with respect to the reference to TL 3400, map 18-03-05-11 in Ordinance 20312. The correct reference is TL 3400, map 17-03-32-44. This error appears in three different sections of the Ordinance. Please effect the following scrivener error corrections to Ordinance 20312 by substituting the correct map reference of 17-03-32-44 in the following provisions: Section 3, subparagraph (b) 9 (page 3 of the Ordinance); Section 3, subparagraph (p) 1 (page 10 of the Ordinance); and Section 7, EC 9.9570(3)(i) (page 18 of the Ordinance). This correction is authorized by Section 9 of Ordinance 20312, and a copy of this request and authorization should be appended to the Ordinance. These corrections also need to be made to EC 9.9570(3)(i) and to the corresponding sections of the Fairmount/University of Oregon Special Area Study. If the Study is not going to be reprinted, copies of Ordinance 20312 and this memo should be appended to the original and all copies of the Study that are distributed. If you have any questions, please do not hesitate to contact me. HARRANG LONG GARY RUDNICK, P. C. ENJ:jw cc: Allen Lowe RECEIVED Kent Kullby Mary Walston J[J~{ g 1 21104 CITY RECORDER ORDINANCE NO. 20312 AN ORDINANCE AMENDING THE EUGENE-SPRINGFIELD METROPOLITAN AREA GENERAL PLAN DIAGRAM AND THE FAIRMOUNT/UNIVERSITY OF OREGON SPECIAL AREA STUDY DIAGRAM AND TEXT; AMENDING SECTIONS 9.8865 AND 9.9570 OF THE EUGENE CODE, 1971; ADDING NEW SECTIONS 9.4200, 9.4205, 9.4210, 9.4215, AND 9.4220 TO THAT CODE; ADOPTING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The City Council of the City of Eugene finds that: A. On September 22, 2003, the Eugene City Council initiated amendments to the Land Use Code to allow concurrent processing with an application to amend the Fairmount/University of Oregon Special Area Study diagram and text. B. The amendments contained in this Ordinance are based on an application submitted by the University of Oregon and the recommendation of the Planning Commission. C. The Planning Commission held a public hearing on the amendments contained in this Ordinance on November 18, 2003, and has forwarded its recommendations to the City Council for amendments to the Metropolitan Area General Plan Diagram, Fairmount/University of Oregon Special Area Study Diagram and Text, and the Eugene Code, 1971, which have been incorporated herein. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The Eugene-Springfield Metropolitan Area General Plan Diagram is amended to change 29.7 acres of land from the High-Density Residential, Medium Density Residential, and Low Density Residential designations to the Government and Education designation, as shown on the attached Exhibits A and B, which are incorporated herein. Section 2. Consistent with the provisions of Section 9.7750(4) of the Eugene Code, 1971 the Fairmount/University of Oregon Special Area Study (the "SAS") land use diagram located on page 36 of the SAS is amended to redesignate land currently designated as General Institutional, Institutional/Medium Density Residential with Special Review, Residential Hall Related With Special Review, and Low Density Residential to the Institutional designation; and to redesignate land currently designated as Low Density Residential, Medium Density Residential with Site Review, and Opportunity Area with Site Review to the Limited High Density Residential/Limited Institutional designation, as more specifically reflected on attached Exhibits B and C, which are incorporated herein. The legend of the land use diagram on page 36 of the SAS is revised to delete the following designations: I/M Institutional/Medium Density Residential With Special Review, Gl Ordinance- ! General Institutional, RHR Residential Hall Related With Special Review, M Medium Density Residential With Site Review, and O Opportunity Area With Site Review. The legend is also revised to add the following designation: LHDR/LI Limited High Density Residential/Limited institutional. Section 3. The General Policies (page 1) of the Fairmount/University of Oregon Special Area Study ("SAS") text is amended as follows: (a) General Policies 2 and 3 (page 1 ) are amended, and a new Policy 8 is added thereto, to provide as follows: With the exception of 1) the "Institutional Area" ('T' on the Land Use Diagram), 2) the Limited High Density Residential/Limited Institutional Area ("LHDR/LI" on the Land Use Diagram) and 3) the Department of Motor Vehicles site ("S" on the Land Use Diagram), non-residential zoning shall not be expanded in the study area. With the exception of 1) that portion of the ODOT lands designated for residential use, and 2) University lands designated as "Institutional" or "Limited High Density Residential/Limited Institutional", zone changes to increase residential density or commercial intensity are not supported by this plan. This policy allows the opportunity for future residential development on the ODOT lands (approximate density for residential development on the ODOT lands will be addressed by selection of one of the alternative policy statements found in the Oregon Department of Transportation Section - Section D). 8. The City shall encourage applicants who desire amendments to this plan to involve the collaboration of the City and the Fairmount Neighborhood in the review and revision process. (b) Policy 1 of the University of Oregon Lands Policies (East Campus Area) (page 2) of the SAS is amended, and new Policies 6, 7, 8 and 9 are added thereto, to provide as follows: 1. The City of Eugene and the Fairmount Neighbors recognize the current University-adopted East Campus Policy as a statement of University policy governing land use in the East Campus Area. 6. On University-owned East Campus lands within the state-approved University boundary, the following policies shall apply in the Low Density Residential area: (a) The only uses that may be permitted with a conditional use permit are University-owned office uses and similar support functions provided, in addition to the other criteria fora conditional use permit, those uses Ordinance are compatible with a Iow-density residential environment. (b) As part of a conditional use permit application, the University shall demonstrate that office uses and similar support functions do not generate more automobile trips than other Iow-density residential uses allowed in the zone and that adequate off-street parking is provided. (c) The City shall not grant conditional use permits to more than seven of the tax lots in the Low Density Residential area and no more than five of the seven tax lots having a conditional use permit shall be located along Villard Street. (d) The preservation and maintenance of the historic architectural, single- family residential character of the Low Density Residential area is an integral part of the surrounding neighborhood. New development shall demonstrate compatibility with this historic architectural, single- family residential character, located east and south of the East Campus area, through consideration of appropriate building mass, building scale, historic architectural style, setbacks, building and entrance orientation, roof pitch and mitigation of off-site impacts. (e) The Low Density Residential area along the south edge of the East Campus Area may be developed as passive or active open space. (f) Conditional uses shall not exceed a total of 35,000 square feet within the Low Density Residential area. 7. The University shall ensure long-term maintenance for street-front landscaping on University-owned properties along Villard Street. 8. In an effort to maintain the Fairmount Neighborhood's character, the University shall consider contributing ranked historic houses that must be moved from other areas within the state-approved University lands due to development plans for infill projects, or to replace a non-contributing house in the University-owned Low Density Residential area, if feasible. 9. The City shall attach the site review overlay zone to the University's properties at the northwest corner of 15th and Villard. In addition, Site Review shall be required for new development within 100 feet of the one privately-owned, owner-occupied parcel within the/EC East Campus Overlay Zone (TL 3400, map 17-03-32-44) as long as the property is privately owned. (¢) The Traffic Circulation Policies (page 3) of the SAS are amended by adding new Policies 6, 7, 8 and 9 thereto, to provide as follows: 6. By March, 2005, the City shall initiate a study of Agate Street between Franklin Boulevard and 19th Avenue. That study, conducted jointly with the University and the Fairmount Neighborhood Association, shall identify Ordinance - 3 strategies to improve the function and carrying capacity of Agate according to the City criteria for its designated street classification. The City will implement the necessary changes. The University will participate in those improvements as development occurs and as required by City code, to the extent that the University is directly responsible for the needed improvements. 7. The City, with the cooperation of the University and the Fairmount Neighborhood Association, shall initiate an area-wide traffic calming study for the streets within the Fairmount/University of Oregon Special Area Study boundary to determine appropriate mitigation for through-traffic utilizing neighborhood streets. Such study shall be initiated priorto December, 2008, subject to availability of funds. In the event that the City updates the Central Area Transportation Study (CATS) prior to 2008, the City shall fund and initiate an area-wide traffic calming study as part of the CATS update to determine appropriate mitigation measures for the subject area. 8. If a Traffic Impact Analysis that is required by the City Code projects that a proposed development will increase traffic on streets within the single-family neighborhood to the east and south of University-owned land the City shall require the applicant to mitigate those impacts through the use of traffic calming strategies or other mechanisms designed to discourage through traffic. 9. With the exception of alleys, vacations of streets within the state-approved University East Campus boundary should not be permitted, unless the applicant, at his or her expense, provides to the City a local street connection study that demonstrates how the proposed street system remaining after such vacation meets the intent of Eugene Code street connectivity provisions and that such vacation will not increase traffic volumes on local residential streets. (d) Policy 4 of the Parking Policies (page 4) of the SAS is amended, and a new Policy 9 is added thereto, to provide as follows: 4. Parking systems adopted for any area within the special study area should avoid creating parking problems for any other area or land use of the Fairmount Neighborhood by mitigating parking impacts on the surrounding neighborhood as directed by the City. 9. New parking structures proposed by the University within the East Campus area shall be located and designed to discourage traffic through adjacent neighborhood streets, shall provide routing to and from the structure via an arterial or collector street, and shall provide access to the structure in a manner consistent with adopted City policies and City Code provisions. Ordinance - 4 (e) The last paragraph of the "introduction to the Plan Area" Section (page 5) of the SAS is amended as follows: This Special Area Study contains select policies from the University of Oregon 2003 East Campus development policy, affecting land owned by the University. These policies are contained in the land use section of this Special Area Study. The University policies not adopted into this Special Area Study will guide the University in its planning and decision making regarding public facilities and services in the east campus area. The Special Area Study will be consulted in the public's evaluation of private and public development requests. ~t is intended that this Special Area Study will gain wide circulation so that the private sector and the University, as well as other institutional and commercia~ land holders, will consult and take guidance from this plan in forming plans that have an effect in this area. (f) The first sentence of the last paragraph of the "Use of the Plan" Section (page 6) of the SAS is amended as follows: This plan is a long range, comprehensive plan and, as such, should be occasionally reviewed and updated. (g) The "Planning Process" Section of the SAS is amended by adding two new paragraphs after the last paragraph (page 7) to provide as follows: In 2002, the University of Oregon began a comprehensive update of its east campus development policy. The goal of the update was to provide for the future campus land needs without diminishing the quality of the surrounding neighborhood. Since the 1982 adoption of the SAS, the University has developed numerous facilities within the east campus area (Knight Law School, Museum of Natural History, Graduate Student Housing, East Campus Children's Center). The area's development potential, as constrained by SAS policies, University East Campus policies, and University Long Range Development Plan policies, had been almost maximized. The amended Land Use Diagram (Map 6) reflects the expanded Institutional area, Limited High Density Residential/Limited Institutional area, and Low Density Residential buffer established to meet the goal of the policy update. An explanation of the process used to develop the University's updated East Campus Development Policy is contained in Section II. E of this Plan. (h) "Land Use" Goal 8 (page 9) is amended as follows: 8. To respond to the need expressed in the Metro Plan for institutional use along Agate Street in the zone of University land ownership, and to provide that non-institutional, limited high density residential and limited institutional Ordinance - 5 uses serve as a buffer between intensive institutional uses and the existing single-family residential area south of 15th Avenue or east of the University East Campus Limited High Density Residential/Limited Institutional area. (i) The Part II Land Use General Policies 2 and 3 (page 15) of the SAS are amended, and a new Policy 8 is added thereto, to provide as follows: With the exception of 1) the "institutional Area" ('T' on the Land Use Diagram), 2) the Limited High Density Residential/Limited Institutional Area ("LHDR/LF on the Land Use Diagram) and 3) the Department of Motor Vehicles site ("S" on the Land Use Diagram), non-residential zoning shall not be expanded in the study area. 3. With the exception of 1) that portion of the ODOT lands designated for residential use, and 2) University lands designated as "Institutional" or "Limited High Density Residential/Limited institutional", zone changes to increase residential density or commercial intensity are not supported by this p~an. This policy a~lows the opportunity for future residential development on the ODOT lands (approximate density for residential development on the ODOT lands will be addressed by selection of one of the alternative policy statements found in the Oregon Department of Transportation Section - Section D)o The City shall encourage applicants who desire amendments to this plan to involve the collaboration of the City and the Fairmount Neighborhood in the review and revision process. (j) Policies 1 and 2 of The Core Residential Area Policies (page 19) of the SAS are amended as follows: 1. With the exception of 1) the "Institutional Area" ('T' on the Land Use Diagram), 2) the Limited High Density Residential/Limited Institutional Area ("LHDR/LI" on the Land Use Diagram) and 3) the Department of Motor Vehicles site ("S" on the Land Use Diagram), nomresidential zoning shall not be expanded in the study area. 2. With the exception of 1) that portion of the ODOT lands designated for residential use, and 2) University lands designated as "lnstitutionaF or "Limited High Density Residential/Limited Institutional", zone changes to increase residential density or commercial intensity are not supported by this plan. This policy allows the opportunity for future residential development on the ODOT lands (approximate density for residential development on the ODOT lands will be addressed by selection of one of the alternative policy statements found in the Oregon Department of Transportation Section - Section D). Ordinance - 6 (k) Policy 1 of the Franklin Boulevard Community Commercial Strip Policies (page 20) of the SAS is amended as follows: 1. With the exception of 1) the "Institutional Area" ('% on the Land Use Diagram), 2) the Limited High Density Residential/Limited Institutional Area ("LHDR/LI" on the Land Use Diagram) and 3) the Department of Motor Vehicles site ("S" on the Land Use Diagram), non-residential zoning shall not be expanded in the study area. (I) Policy I of the 19th and Agate Neighborhood Commercial Development (page 21) of the SAS is amended as follows: 1. With the exception of 1) the "Institutional Area" ("l" on the Land Use Diagram), 2) the Limited High Density Residential/Limited Institutional Area ("LHDR/LF on the Land Use Diagram) and 3) the Department of Motor Vehicles site ("S" on the Land Use Diagram), non-residential zoning shall not be expanded in the study area. (in) The University of Oregon Lands, Description and Statement of the Problem section (pages 23 and 24) of the SAS is amended by amending the last paragraph on page 23, the first paragraph on page 24, and adding five new paragraphs thereto, to provide as follows: Through efforts made by the Fairmount Neighbors Planning Committee and by representatives of the University Planning Office, the University of Oregon Plan for Development: East Campus Area, was developed and included as part of this section in the 1982 Plan. Pertinent polices contained in that Plan for Development were endorsed by the Fairmount Neighbors Special Area Planning Committee and parallel policies adopted for its special area plan. Future cooperation between the University and the neighborhood may bring diminution of some of the other persistent problems. The 1982 University Development Policy was in place for 20 years. It accomplished evolution of the campus through an orderly pattern in which increased intensity of land use proceeded without "leapfrogging." In 2002, the University of Oregon began a comprehensive update of its East Campus Development Policy. The goal of the update was to provide for the future campus land needs without diminishing the quality of the surrounding neighborhood. Since the 1982 adoption of the SAS, the University has developed numerous facilities within the East Campus area (Knight Law School, Museum of Natural History, Graduate Student Housing, East Campus Children's Center). The area's development potential, as constrained by SAS policies, University East Campus policies, and University Long Range Development Plan policies, had been almost Ordinance - ? maximized. The amended Land Use Diagram (Map 6) reflects the expanded Institutional area, Limited High Density Residential/Limited Institutional area, and Low Density Residential buffer established to meet the goal of the policy update. The University utilized an extensive public involvement process in forming the update, including numerous open houses, meetings, and mailings to the Fairmount neighbors and the neighborhood organization. Neighbor comments were considered in the development of the University's 2003 East Campus Development Policy and were incorporated into the policy as appropriate. The East Campus Development Policy was adopted by the President's Office in April 2003 but was not adopted by the Eugene City Council. Future projects in the area will likely include support services, such as housing, offices and research space, that do not need to be within the University's established 7-minute walking distance of the core instructional area. In September 2003, the University submitted an application to amend the 1982 Fairmount/University of Oregon Special Area Study for the purpose of incorporating changes in the plan made necessary by the University's adoption of the 2003 East Campus Development Policy. Commenting on the application, the Fairmount Neighborhood Association expressed concerns about the effectiveness of the proposed East Campus Development Policy in mitigating the impacts of University development on the surrounding neighborhood. The association subsequently commissioned the Fairmount Neighborhood Association East Campus Committee (Committee) to represent the neighborhood interests in the public hearing process. The Committee submitted testimony commenting on each of the University's individual proposals. While the Committee expressed support for many of the ideas and proposals put forth in the application, they also suggested modifications to certain policies or plan text and replacements or additions to other policies and text. Following the public hearing, the City engaged University staff and Committee representatives in a mediation process to seek agreement and resolve differences on the proposed policy and text amendments. Agreement between the University and Committee was reached on most of the issues discussed; those agreements are reflected in the maps, policies and other text adopted through this amendment process. (n) Finding 2 of the Findings for the University Lands Bounded by Agate and Moss Streets and 17th and 15th Avenues (page 24) of the SAS is amended, Finding 3 is deleted, and Findings 4, 5 and 6 are renumbered 3, 4 and 5, as follows: 2. The 6.14 acres between Agate and Columbia streets are characterized by the presence of numerous buildings. There is the Knight School of Law, completed in 2001, the Museum of Natural History, the Vivian Olum Child Care Center, a fire station, an ROTC house and outbuilding, and a house used by University Services. These buildings occupy4.09 acres. 1.61 acres Ordinance - 8 are occupied by parking space and .44 acres by an alley which runs parallel to Agate Street. The 5.71 acres between Moss and Columbia streets are primarily used for University parking. The Bean parking lot covers 70 percent of this acreage and is used by students, faculty, and staff. Five buildings in the southeast corner of the remaining 1.5 acres are used for housing, a vacant church is used as a warehouse, and a paved court is used for basketball. 4. Vehicular access into these University lands is primarily by way of 15th Avenue, Moss Street, and Columbia Street via 17thAvenue. These streets are currently two-way streets. A sidewalk connects 15th and 17th avenues along Columbia Street and is used as a through connector for cyclists and pedestrians. 5. Area residents in the May 1980 testimony at the joint elected official hearing on the Metropolitan Plan update indicated that increase in density in East Campus should occur north of 17th Avenue and west of Moss Street (1980). (o) Policy 1 of the Policies - East Campus Area Section (page 24) of the SAS is amended, and new policies 6, 7, 8, and 9 are added thereto, as follows: 1. The City of Eugene and the Fairmount Neighbors recognize the current University-adopted East Campus Policy as a statement of University policy. 6. On University-owned East Campus lands within the state-approved University boundary, the following policies shall apply in the Low Density Residential area: (a) The only uses that may be permitted with a conditional use permit are University-owned office uses and similar support functions provided, in addition to the other criteria for a conditional use permit, those uses are compatible with a Iow-density residential environment. (b) As part of a conditional use permit application, the University shall demonstrate that office uses and similar support functions do not generate more automobile trips than other Iow-density residential uses allowed in the zone and that adequate off-street parking is provided. (c) The City shall not grant conditional use permits to more than seven of the tax lots in the Low Density Residential area and no more than five of the seven tax lots having a conditional use permit shall be located along Villard Street. (d) The preservation and maintenance of the historic architectural, single- family residential character of the Low Density Residential area is an integral part of the surrounding neighborhood. New development shall demonstrate compatibility with this historic architectural, single- Ordinance - P family residential character, located east and south of the East Campus area, through consideration of appropriate building mass, building scale, historic architectural style, setbacks, building and entrance orientation, roof pitch and mitigation of off-site impacts. (e) The Low Density Residential area along the south edge of the East Campus Area may be developed as passive or active open space. (f) Conditional uses shall not exceed a total of 35,000 square feet within the Low Density Residential area. 7. The University shall ensure long-term maintenance for street-front landscaping on University-owned properties along Villard Street. 8. In an effort to maintain the Fairmount Neighborhood's character, the University shall consider contributing ranked historic houses that must be moved from other areas within the state-approved University lands due to development plans for infill projects, orto replace a non-contributing house in the University-owned Low Density Residential area, if feasible. 9. The City shall attach the site review overlay zone to the University's properties at the northwest corner of 15th and Villard. In addition, Site Review shall be required for new development within 100 feet of the one privately-owned, owner-occupied parcel within the/EC East Campus Overlay Zone (TL 3400, map 18-03-05-11 ) as long as the property is privately owned. (p) Proposal 1 of Proposal - East Campus Area Section (page 25) of the SAS is amended as follows: 1. The City shall attach the site review overlay zone to the University's properties at the northwest corner of 15th and Villard and shall apply a special East Campus Overlay Zone specifying height limitations in the area designated as Limited High Density Residential/Limited Institutional on the Land Use Diagram. In addition, Site Review shall be required for new development within 100 feet of the one privately owned parcel within the/EC East Campus Overlay Zone that is owner-occupied (TL 3400, Map 17-03-32- 44, a portion of Parcel 1, Block 17, Fairmount Addition), as long as the property is privately owned. (q) The entire Section of the SAS entitled "University of Oregon Development Policy East Campus Area" (pages 28 through 34) is deleted and new text is added as follows: The University adopted an updated East Campus Development Policy in 2003. It is generally consistent with the policies, text, and land use diagram contained within this plan as amended. The University will use the updated Ordinance policy for its internal development review process. Select policies contained within the 2003 University East Campus Development Policy have been adopted within this special area study. All applicable City of Eugene regulations remain in effect. (r) The last paragraph of the Introduction to the Land Use Diagram (page 35) of the SAS is amended as follows: The Land Use Diagram and Text should be used in conjunction with each other and should not be viewed as separate entities. The symbols on the diagram, designating different uses, directly correlate to the uses explained in the Diagram Text. In other words, ("l" Institutional] on the Diagram is explained under the Institutional section of the Diagram Text. (s) The land use diagram (page 36) of the SAS is replaced by the Land Use Diagram for East Campus Lands as shown on the attached Exhibit C, which is incorporated herein. (t) The Land Use Diagram Text (pages 37 through 39) is amended as follows: Low-Density Residential (L) This area generally encompasses the south and east portions of the special study area. This area is to remain in Iow density residential use with emphasis on preserving and maintaining the single family character which currently exists and is considered an integral part of the neighborhood. On University-owned lands within the state approved University boundary, the limitations on Conditional Uses described in Policy #6 of the University of Oregon Lands Policies - East Campus Area apply. Maintaining the symmetry along Villard Street between 15th and 19thAvenues is important. However, the University-owned Low Density Residential area not facing Villard Street may be developed as passive or active open space to provide a buffer from the adjacent Iow density residential area. Low- or Medium Density Residential (L/M) This area is currently owned by the Oregon State Department of Transportation (ODOT). It contains the Eugene Office of the State Police, the District Engineer's Office, and the maintenance facility for the Highway Division. The State has expressed interest in relocating these functions. The diagram indicates the area should be for Iow- or medium-density residential uses should the State decide to relocate in the future. Development in the area should preserve a parklike border along Franklin Boulevard to preserve the "gateway entrance" to the city. Site review procedures will be followed in future development to protect nearby Ordinance - ] ] residences and ensure a "parklike gateway." Hiqh-Density Residential (H) This area currently contains a 36-unit apartment and Tommy Williams' florist store and greenhouse. The properties are zoned R-4 (High-Rise Residential). If the florist business is discontinued, the site is appropriate for high-density residential uses, but site review procedures should be attached to protect and buffer Iow-density residential uses next to and across the street from this area. Professional/Office (S) This site is currently owned by the State Department of Transportation and contains the East Eugene drive test center for the Department of Motor Vehicles (DMV). Should the DMV leave this site, it is appropriate for office or professional uses to locate there. Access will continue to be taken from Walnut Street. Park/Open Space (P) This designation recognizes the existing Fairmount Park. It should continue in park use in the future. Institutional (I) The institutional area contains a number of uses including automobile parking, residence halls, various University office and uses, a fire station, and Agate Hall. The entire area is owned by the University (State Board of Higher Education) with the exception of 2 privately owned residential lots. Ali University related uses are allowed in this area. Limited Hiqh Density Residential/Limited Institutional (LHDR/LI). This area serves as a transition between the more intensive institutional uses to the west and north and the Iow density residential development to the east and south. Future uses include university housing (excluding dorms) and support services such as offices, outdoor recreation uses, storage, parking, and open space. Development will be regulated by the Eugene Code, including an East Campus Overlay Zone where it has been applied, specifying special development standards for this area, and by the University's East Campus Policies (see East Campus Policy adopted by the University for detail). Commercial (C) Ordinance There are two commercial areas within the special study area serving the neighborhood: major commercial facilities north of 15th Avenue, primad!t~ facing Franklin Boulevard; and a Community Commercial node at 19 Avenue and Agate Street. Both areas shall remain in commercial uses with no further expansion of commercial zoning in either area. In order to protect existing residential uses on the south side of 15th Avenue, site review procedures will be attached to properties facing 15th Avenue east of the alley between Moss Street and Villard Street eastward to the ODOT lands. (u) New Policies 6, 7, 8, and 9 are added to the Traffic Circulation Policies in Part Iii of the SAS (page 43) as follows: By March, 2005, the City shall initiate a study of Agate Street between Franklin Boulevard and 19th Avenue. That study, conducted jointly with the University and the Fairmount Neighborhood Association, shall identify strategies to improve the function and carrying capacity of Agate according to the City criteria for its designated street classification. The City will implement the necessary changes. The University will participate in those improvements as development occurs and as required by City code, to the extent that the University is directly responsible for the needed improvements. The City, with the cooperation of the University and the Fairmount Neighborhood Association, shall initiate an area-wide traffic calming study for the streets within the Fairmount/University of Oregon Special Area Study boundary to determine appropriate mitigation for through-traffic utilizing neighborhood streets. Such study shall be initiated prior to December, 2008, subject to availability of funds. In the event that the City updates the Central Area Transportation Study (CATS) prior to 2008, the City shall fund and initiate an area-wide traffic calming study as part of the CATS update to determine appropriate mitigation measures for the subject area. If a Traffic impact Analysis that is required by the City Code projects that a proposed development will increase traffic on streets within the single-family neighborhood to the east and south of University-owned land the City shall require the applicant to mitigate those impacts through the use of traffic calming strategies or other mechanisms designed to discourage through traffic. With the exception of alleys, vacations of streets within the state-approved University East Campus boundary should not be permitted, unless the applicant, at his or her expense, provides to the City a local street connection study that demonstrates how the proposed street system remaining after such vacation meets the intent of Eugene Code street connectivity provisions Ordinance- 13 and that such vacation will not increase traffic volumes on local residential streets. (v) Policy 4 of the Parking Policies (page 46) of the SAS is amended, and a new Policy 9 is added thereto, to provide as follows: 4. Parking systems adopted for any area within the special study area should avoid creating parking problems for any other area or land use of the Fairmount Neighborhood by mitigating parking impacts on the surrounding neighborhood as directed by the City. 9. New parking structures proposed by the University within the East Campus area shall be located and designed to discourage traffic through adjacent neighborhood streets, shall provide routing to and from the structure via an arterial or collector street, and shall provide access to the structure in a manner consistent with adopted City policies and City Code provisions. Section 4. Except as amended in Section 3 of this Ordinance, all other provisions of the Fairmount/University of Oregon Special Area Study as adopted by Resolution 3719 remain in full force and effect. The policies amended in Section 3 are adopted as a refinement of the Eugene-Springfield Metropolitan Area General Plan for the Fairmount/ University of Oregon Special Area Study area. Any explanatory text following a policy is recognized as clarifying and explaining the intent of the policy. Proposals amended in Section 3 are recognized as potential means of reaching or implementing adopted policies, but are not adopted as City policy. The University's amendments to the East Campus Development Policy are recognized as the University's policy for land under its ownership, but except for those policies set forth in Section 3 above, are not adopted as City policy. Section 5. The following caption and Sections 9.4200, 9.4205, 9.4210, 9~4215, and 9.4220 are added to the Eugene Code, 1971, to provide: /EC East Campus Oveday Zone 9,4200 Purpose of the/EC East Campus Overlav Zone, The/EC East Campus Overlay Zone is intended to implement the Fairmount/University of Oregon Special Area Study by providing for a land use transition between the University of Oregon and the adjacent Iow density residential neighborhood to the east and south, 9.4205 /EC East Campus Overlay Zone Sitin¢! Recluirements, if consistent with the approval criteria in EC 9.8865 Zone Chan.qe Approval Criteria, the /EC Overlay Zone may be applied to the area depicted as Limited High Density Residential/Limited Institutional on the Fairmount/University of Oregon Special Area Study Land Use Diagram. Ordinance- 14 9,4210 /EC East Campus Overlay Zone Applicability. The/EC Overlay Zone applies to all property to which the/EC Overlay Zone has been applied through the City's rezoning process. 9,4215 /EC East Campus Overlay Zone Prohibited Uses and Special Use Limitations. (1) Prohibited Uses. (a) Structured parking. (b) Broadcasting studios including commercial and public education. (c) University and college dormitories. (d) Fraternities and sororities. (e) Hospitals. (f) Retail use requiring a Transportation Impact Analysis. (g) Manufacturing and assembly uses. (h) Arenas. (i) Heliports and helistops. (j) Recycling and large collection facilities. (k) Recycling scrap and dismantling yards. (I) Race tracks, including drag strips and go-cart tracks. (m) Sewage treatment plants. (n) Correctional facilities. (o) Parking lots exceeding 100 spaces. (p) Service stations. (q) Mineral resource mining. (r) Blood banks. (s) Plasma centers. (2) Special Use Limitations, Within the/EC East Campus Overlay Zone, camping is permitted for a maximum of 2 continuous days only when directly tied to a special event permit held for the location of the camping site. A special event permit approving camping is required by the City to ensure minimal impact on the surrounding neighborhood. 9.4220 lEO East Campus Overlay Zone Development Standards. (1) Application of Standards, The General Standards for all Development in EC 9.6000 through EC 9.6885, the special standards for specific uses in EC 9.5000 through EC 9.5850, as well as all development standards in the applicable base zone apply within this overlay zone, including triggers for Traffic Impact Analysis and Site Review for certain uses in the PL zone. In the event of a conflict between the development standards, the specific provisions of EC 9.4215 and 9.4220 shall control. The standards in this section only apply to: Ordinance- 15 (a) New development on vacant land. (b) New structures on redevelopment sites, such as conversion of a parking area to a building or demolition of a building and construction of a new building. (c) A proposed expansion of 30% or more of the total existing structure square footage. (2) Building Height. Within the/EC East Campus Overlay Zone, a building within 60 feet of an R-1 Low Density Residential zone shall not exceed 30 feet in height. All other buildings shall not exceed 45 feet in height. Section 6. Subsection (4) of Section 9.8865 of the Eugene Code, 1971, is amended by adding a new subparagraph (I) thereto and relettering the current subparagraphs (I), (m) and (n) to (m), (n) and (o), to provide: 9.8865 Zone Chanqe Approval Criteria. Approval of a zone change application, including the designation of an overlay zone, shall not be approved unless it meets all of the following criteria: (4) The proposed zone change is consistent with the applicable siting requirements set out for the specific zone in: EC 9.4205/EC East Campus Overlay Zone Sitin~q Requirements. (m)EC 9.3905 S-W Whiteaker Special Area Zone Sitin.q Requirements. (n) EC 9.4715/WP Waterside Protection Overlay Zone Sitinq Requirements. (o) EC 9.4815/WB Wetland Buffer Ovedav Zone Sitin.q Requirements. Section 7. Subsections (3), (4) and (5) of Section 9.9570 of the Eugene Code, 1971, are amended to provide: 9.9570 Fairmount/U of O Special Area Studv Policies. (3) University of Oregon Lands Policies (East Campus Area), (a) The City of Eugene and the Fairmount Neighbors recognize the current University-adopted East Campus Policy as a statement of University policy governing land use in the East Campus Area. (Policy 1) (b) The City shall encourage the University to use its property in East Campus in an orderly fashion: intensity of use will be greatest near the already dense Central Campus Area (Agate Street and 15th Avenue) and become less intense as the properties approach Iow-density residential uses. (Policy 2) Ordinance- 16 (c) The City shall encourage the University to use its lands currently zoned PL (Public Land District) with energy and space efficient structures and land-use patterns. (Policy 3) (d) The City shall encourage the University to develop high- and medium-density residential units with concern for adequate parking and appropriate parking solutions, regard for landscaping, and consideration of the impact on the rest of the neighborhood. (Policy 4) (e) The City shall encourage the University to consolidate nonresidential uses that currently are scattered throughout the area into the portions of the plan area reserved for institutional use, returning structures thus vacated to residential use. (Policy 5) (f) On University-owned East Campus lands within the state approved University boundary, the following policies shall apply in the Low Density Residential area: The only uses that may be permitted with a conditional use permit are University-owned office uses and similar support functions provided, in addition to the other criteria for a conditional use permit, those uses are compatible with a Iow-density residential environment. 2. As part of a conditional use permit application, the University shall demonstrate that office uses and similar support functions do not generate more automobile trips than other Iow-density residential uses allowed in the zone and that adequate off-street parking is provided. 3. The City shall not grant conditional use permits to more than seven of the tax lots in the Low Density Residential area and no more than five of the seven tax lots having a conditional use permit shall be located along Villard Street. 4. The preservation and maintenance of the historic architectural, single-family residential character of the Low Density Residential area is an integral part of the surrounding neighborhood. New development shall demonstrate compatibility with this historic architectural, single-family residential character, located east and south of the East Campus area, through consideration of appropriate building mass, building scale, historic architectural style, setbacks, building and entrance orientation, roof pitch and mitigation of off-site impacts. 5. The Low Density Residential area along the south Ordinance edge of the East Campus Area may be developed as passive or active open space. (Policy 6) 6. Conditional uses shall not exceed a total of 35,000 square feet within the Low Density Residential area. (g) The University shall ensure long-term maintenance for street-front landscaping on University-owned properties along Villard Street. (Policy 7) (h) In an effort to maintain the Fairmount Neighborhood's character, the University shall consider contributing ranked historic houses that must be moved from other areas within the state-approved University lands due to development plans for infill projects, or to replace a non-contributing house in the University-owned Low Density Residential area, if feasible. (Policy 8) (i) The City shall attach the site review overlay zone to the University's properties at the northwest corner of 15th and Villard. In addition, Site Review shall be required for new development within 100 feet of the one privately-owned, owner-occupied parcel within the/EC East Campus Overlay Zone (TL 3400, Map 17-03-32-44) as long as the property is privately owned. (Policy 9) (4) Traffic Circulation Policies. (a) The Department of Motor Vehicles site shall continue to gain access from Walnut Avenue and not from Franklin Boulevard. (Policy 1) (b) The adverse effects of motor vehicle movement shall be mitigated as much as possible. (Policy 2) (c) Primary vehicular access to the Oregon Department of Transportation Land should minimize impact on nearby residences and Fairmount Park. (Policy 3) (d) Traffic management techniques shall continue to be used and new techniques developed to reinforce the idea of a hierarchy of streets in the plan area. Some streets shall combine their local, collector, or arterial function with a role as primary pedestrian or bicycle ways. The use of Iow- volume, local neighborhood streets for through movements by truck and heavy construction equipment shall be discouraged. (Policy 4) (e) By March, 2005, the City shall initiate a study of Agate Street between Franklin Boulevard and 19th Avenue. That study, conducted jointly with the University and the Fairmount Neighborhood Association, shall identify strategies to improve the function and carrying capacity of Agate according to the City criteria for its designated street Ordinance- 18 classification. The City will implement the necessary changes. The University will participate in those improvements as development occurs and as required by the City code, to the extent that the University is directly responsible for the needed improvements. (Policy 6) (f) The City, with the cooperation of the University and the Fairmount Neighborhood Association, shall initiate an area- wide traffic calming study for the streets within the Fairmount/University of Oregon Special Area Study boundary to determine appropriate mitigation for through- traffic utilizing neighborhood streets. Such study shall be initiated prior to December, 2008, subject to availability of funds. In the event that the City updates the Central Area Transportation Study (CATS) prior to 2008, the City shall fund and initiate an area-wide traffic calming study as part of the CATS update to determine appropriate mitigation measures for the subject area. (Policy 7) (g) If a Traffic Impact Analysis that is required by the City Code projects that a proposed development will increase traffic on streets within the single-family neighborhood to the east and south of University-owned land, the City shall require the applicant to mitigate those impacts through use of traffic calming strategies or other mechanisms designed to discourage through traffic. (Policy 8) (h) With the exception of alleys, vacations of streets within the state-approved University East Campus boundary should not be permitted, unless the applicant, at his or her expense, provides to the City a local street connection study that demonstrates how the proposed street system remaining after such vacation meets the intent of the Eugene Code street connectivity provisions and that such vacation will not increase traffic volumes on local residential streets. (Policy 9) (5) Parking Policies. (a) Steps shall be taken to gain better use of existing off-street parking areas and to discourage long-term storage of vehicles on the street. (Policy 1) (b) The adverse effects of motor vehicle parking shall be mitigated as much as possible. (Policy 3) (c) Parking systems adopted for any area within the special study area should avoid creating parking problems for any other area or land use of the Fairmount Neighborhood by mitigating parking impacts on the surrounding neighborhood as directed by the City. (Policy 4) (d) New parking structures proposed by the University within the Ordinance East Campus area shall be located and designed to discourage traffic through adjacent neighborhood streets, shall provide routing to and from the structure via an arterial or collector street, and shall provide access to the structure in a manner consistent with adopted City policies and City Code provisions. (Policy 9) Section 8. The findings set forth in Exhibit D attached hereto are adopted as findings in support of this Ordinance. Section 9. The City Recorder, at the request of, or with the concurrence of the City Attorney, is authorized to administratively correct any reference errors contained herein or in other provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein. Section 10. 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. Section 11. Notwithstanding the effective date of ordinances as provided in the Eugene Charter of 2002, this Ordinance shall become effective 30 days from the date of its passage by the City Council and approval by the Mayor, or upon the date of its acknowledgment as provided by ORS 197.625, whichever date is later~ Passed by the City Council this Approved by the Mayor this 8TM day of March, 2004 8th day of March, 2004 ?\ / Cit~Recorder ~ Ordinance - 20 UNIVERSITY OF OREGON EAST CAMPUS LANDS Proposed Metro Plan Designations 18TH AVE oooo ~ O0 00000000000 0000000000000000000000000 000000 000000000000000 000000000000 ooo0oo  E E EEEE EEEEEEEEEEEEEEEEEEEEEEEEEE~EEE ~ o~ ~ooo~ o~o ~ ~,~ o~o~o~ ~,~o~~oo oo~ 0000000 00000000000000 Exhibit D Findings for AN ORDINANCE AMENDING THE EUGENE-SPPdNGFIELD METROPOLITAN AREA GENERAL PLAN DIAGRAM AND THE FAIRMOUNTfUNIVERSITY OF OREGON SPECIAL AREA STUDY DIAGRAM AND TEXT; AMENDING SECTIONS 9.8865 AND 9.9570 OF THE EUGENE CODE, 1971; ADDING NEW SECTIONS 9.4200, 9.4205, 9.4210, 9.4215, AND 9.4220 TO THAT CODE; ADOPTING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Comorehensive Plan Diazram Amendments Eugene Code Section 9.77300) requires that the following criteria (in bold and italic) 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 invoh,ement program that insures the opportumty for cmzens 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 taken did not amend the citizen involvement program. The process for adopting these amendments complied with Goal 1 since it complied with, and surpassed the requirements of, the citizen involvement provisions. The City of Eugene land use code implements Statewide Planning Goal I by requiring that notice of the proposed amendments be given and public hearings be held pr/or to adoption. Consideration of the East Campus Plan amendments began with a Eugene Planning Commission public hearing on November 18, 2003. Department of Land Conservation and Development notice, notice to property owners and interested parties and newspaper publication was provided for that hearing. An additional public hearing before the Eugene City Council is scheduled for February 23, 2004. Notice to interested and affected parties will be provided for that hearing. The process for adopting these amendments complies with Goal 1 since it complies with, and surpasses the requirements of the State's citizen involvement provisions. The City of Eugene has determined that the multiple applications to be considered will be processed as a Type V (legislative) process. The proposed amendment applications are subject to the public notification and heanng processes adopted by the City of Eugene in Exhibit D - Page 1 Eugene Code section EC 9.7720 and 9.7735. The notification and heating processes required by the code have been followed, even though the City Council approved an alternative process and schedule for the East Campus Plan Amendment applications on November 10, 2003, as provided for in (EC) 9.7750(1). On September 22, 2003 the Eugene City Council initiated the code amendment process allowing the three separate applications to be processed concurrently. On October 1, 2003 the City delivered notice of the proposed plan amendments to the Oregon Department of Land Conservation and Development, as required by EC 9.7415(1) and in accordance with State statutes. On October 17, 2003 a referral concerning the pending applications was sent to the Springfield and Lane County Planning Directors, the Oregon Department of Transportation (ODOT), and the Fairmount Neighborhood Association consistent with EC 9.7415(2) and 9.7720. On October 17, 2003 a notice of the Planning Commission public hearing was mailed to the applicant, owners and occupants of property within 300 feet of the subject property, the Fairmount Neighborhood Association, and other groups requesting such notice in accordance with EC 9.7451(2). Notice of the Planning Commission's public heating on the proposed plan amendments was published in the Register-Guard on October 24, 2003 in accordance with EC 9.7735(3). The Planning Commission held a public heating on the proposed amendments on November 18, 2003. On February 13~ 2004 a notice of the City Council public hearing was mailed to all interested parties in accordance with EC 9.7545. The City Council is scheduled to hold a public hearing on the proposed amendments on February 23, 2004. The applicant cites additional efforts to involve citizens in the planning process prior to submitting the East Campus Area plan amendment applications to the City. During the year preceding the submittal, the University of Oregon conducted a year-long public involvement process that included more than 20 public information and public comment sessions. Details of the University's public involvement process are included m the applicant's statement and exhibits. Goal 2 - Land Use Planning: To establish a la~d use plan~i~g process a~d policy fi'amework as a bas~sfor all decision,s a~d actions related to use of land and to ass~re a~ adequatefact~al base for st~ch decision,s and actio~s. 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 record show that there is an adequate factual base for decisions to be made Exhibit D - Page 2 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 coor&nated the adoption of these amendments with all affected governmental units. Specifically, notice was mailed to the Eugene Water and Electric Board, Oregon Department of Transportation, Lane County Public Works, Lane Transit District, and Eugene School District 4-J. There are no Goal 2 exceptions required for this ordinance. Goal 3 - Agricultural Land: To presem,e and maintain agricultural lands. The amendments are for property located within the city limits and do not affect any land designated for agricultural use. Therefore, Goal 3 is not applicable or relevant to the amendments. Goal 4 - Forest Land: To conserve forest lands. The amendments are for property located within the city limits and do not affect any land designated for forest use. Therefore, Goal 4 is not applicable or relevant to the amendments. Goal 5 - Open Spaces, Scenic and Historic Areas, and Natural Resources: To conserve open space and protect natural and scenic resources. There are no known natural resources, open spaces, or scenic areas requiring protection within the amendment area boundary. The proposed amendments will allow for redevelopment of land within the amendment area boundary in accordance with university, city, metro and statewide policy related to the protection of natural resources and the preservation and creation of commtmity open spaces. With respect to historic resources, there are no known designated historic sites, structures, or districts within the amendment area boundary. With respect to carrySng capacity of land, air, and water resources, the proposed amendments will provide for intensification of development on land inside the Eugene Urban Growth Boundary, and will utilize existing facilities and services. The amendments, therefore, will reduce pressure for development on the urban fringe and will reduce the potential need to expand the UGB and impact surro-tmding land, air, and water resources. Exhibit D - Page 3 The proposed amendments do not create or amend the metropolitan area's list of Goal 5 resources, do not amend a code provision adopted in order to protect a significant Goal 5 resource or to address a specific requirement of Goal 5, do not allow new uses that could be a conflicting use with a significant Goal 5 resource site, and do not amend the acknowledged Urban Growth Boundary. The uses allowed on the properties will not change as a result of the actions, as the properties are not being re-zoned as a part of these actions, and no new regulations are being applied to the properties as a result of these actions. Therefore, Goal 5 does not apply. Goal 6 - Air, Water and Land Resources Ouality: To maintain and improve the quahty of&e air, water, and land resources o~f the state. The proposed amendments, if adopted, would provide for intensification of development on state-owned (University) land that is currently underdeveloped. The amendments would promote infill development, thus providing for more efficient use of land resources within the city hmits. The applications submitted by the University do not amend the metropolitan area's air, water quality or land resource policies. Therefore, the amendments are consistent with Goal 6. Goal 7 - Areas Subject to Natural Disasters and Hazards: Toprotect life and property from natural d~sasters and hazards. The subject parcels are not located within areas of natural disasters or hazards. The site is outside the 100 year flood zone and is not subject to hazards normally associated with steep slopes, wildfires, or tsunamis. Other hazards, such as earthquakes or severe winter storms can be mitigated at the time of development based on accepted building code and techniques. Based on the evidence, the amendments are consistent with Goal 7. Goal 8 - Recreational Needs: To satzs~, the recreational needs o~ the citizens of the state and v~sitors and, where ap£rol2riate, to provide for the siting of necessa~ recreational facihties including destination resorts. Goal 8 ensures provision of recreation facilities to Oregon citizens and is primarily concerned with the provision of those facilities in non-urban areas of the state. The proposed amendments will not impact provision of recreational facilities, nor will they affect access to existing or future recreational facilities. Therefore, the amendments are consistent with Goal 8. Goal 9 - Economic Development: To prowde adequate opportunities ~hroughout the state fbr a variety of economic activities wtal to the health, welfare, and prosperzty of Oregon's citizens. Exhibit D - Page 4 There is no land designated for industrial or commercial development within the area affected by the proposed amendments. Therefore, the proposed amendments do not affect the need for or supply of commercial and industrial land within the City. The proposed amendments will provide for the expansion of University-related office and educational uses, which could stimulate the creation of new jobs in the area. Increased development intensities and future construction of new residential units in the area could provide additional support for existing businesses along Franklin Boulevard and Villard Street. Based on the evidence, the proposed amendments are consistent with Goal 9. Goal 10 - Housing: To provide for the housing needs of the cttizens of the state. The land affected by these amendments was not included in the area~s documented supply of"buildable land" that is available for residential development. The methodology used to develop the acknowledged 1999 Residential Lands Study excluded vacant land owned by a public agency and not intended for residential development from consideration as "buildable land". Publicly owned land is generally not considered available for residential use. The State Board of Higher Education owns 113 of the 122 parcels located within the affected area. Nine parcels remain in private ownership. Of the nine privately-owned parcels, four parcels are in the area proposed for re-designation to another land use classification. The four parcels total .51 acres in size. Goal 10 requires that communities plan for and maintain an inventory ofbuildable residential land for needed housing units. The Metropolitan Area General Plan - Residential Land and Housing Element implements Goal 10 by providing background data and analysis, findings and policies related to the provision of residential lands inside the urban growth boundary. With the adoption of the 1999 Residential Lands Study, the following finding was incorporated into the Metro Plan: "There is sufficient buildable residential land within the existing urban growth bounda~? to meet the future housing needs of the projected populanon, h~ fact, the ]992 residential buildable land supply exceeds the ]992-2015 residential land demand in all residential categories. Assuming land is consumed evenly over the per, oct, by ]999, there will be at least a 20 year supply of residential land remaining reside the urban growth boundam.," The proposal would change the Metro Plan designation on two parcels from High Density Residential to Government and Education. Those parcels (17-03-32-44-02100 and 02101) total. 13 acres in size. The 1999 Residential Lands Study indicates that, within the category of High Density Residential, there are 60 acres of land in excess of projected demand. The proposal would change the Metro Plan designation on one parcel from Medium Exhibit D - Page 5 Density Residential to Government and Education. That parcel (17-03-32-44-03400) totals. 18 acres in size. The 1999 Residential Lands Study indicates that, within the category of Medium Density Residential, there are 239 acres of land in excess of projected demand. The proposal would change the Metro Plan designation on one parcel from Low Density Residential to Government and Education. That parcel (18-03-04-22-06000) totals .20 acres in size. The 1999 Residential Lands Study indicates that, within the category of Low Density Residential, there are 940 acres of land in excess of projected demand Even if this land was included in the region's inventory ofbuitdable residential land, the removal of .51 acres would still result in sufficient land to meet projected demand in each category. Goal 11 - Public Facihties and Services: To plan and develop a timely, orderly and efficient arrangement of pubhc facilities and services to serve as a framework for urban and rural development. The area affected by this ordinance is located inside the city limits and is served by the public facilities in which the existing level of service is adequate to serve the needs of existing and future development. Therefore, the amendments are consistent with Goal 11. Goal 12 - Transportation: To provide and encourage a safe, convenient and economic transportation system. Goal 12 ~s ~mplemented through the Transportation Planning Rule (TPR). The Eugene- Springfield Metropolitan Area Transportation Plan (TransPlan) provides the regional policy framework through which the TPR is enacted at the local level. The Transportation Planning Rule (OAR 660-012-0060) states that land use changes that significantly affect a transportation facility shall require mitigation measures to address the anticipated impacts. The rule states that: (1) Amendments to functzonal plans, acknowledged comprehensive plans, and land use regulations whwh sign~cantly ~ect a transportation f~cili~ shall assure that allowed &nd uses are consistent with the identified fi~nction, capacz06 and performance standards (e.g. level of se~ice, volume to capaciO' ratzon etc.) of the facili(v. This shall be accomphshed by either: (a) Limiting allowed land uses to be consistent with the planned fimction, capacity, and performance standards of the transportatton facility; Exhibit D - Page 6 (b) Amending the TS? to provzde transportatton fac~litzes to support the proposed land uses consistent w~th the requirements of this division; 8. Altering land use designations, densities, or design requb'ements to reduce demand for automobile travel and meet travel needs through other modes; or (d) Amending the TSP to mod~, zhe planned funct~on, capac~O; and perfbrmance standards, as needed, to accept greater motor vehicle congestzon to promote ;taxed use, pedestrian-friendly development where multi modal travel choices are provided. (2) A plan or land use regulation amendment significantly ~ffects a transportation facihO, if it: (a) Changes the functional c&ssificatton of an existing or planned transportation facili.tv; (b) Changes standards implementing a functional class~ficatzon system; 6. Allows types or levels of land uses which would result in levels of travel or access which are inconsistent with the functional classification of a transportation facdtty; or (d) Would reduce the performance standards of the facility below the minimum acceptable level zdentified in the TSP. On August 1, 2003 the applicant submitted the University of Oregon East Campus Lands Trip Generation Study (dated November 17, 2002) as information supporting the plan amendment applications. On August 30, 2003 City staff requested additional information from the applicant regarding traffic impacts, including data related to the operation of 7 intersections within and adjacent to the East Campus planning area. On October 27, 2003, the applicant submitted most, but not all of the requested data in a revised East Campus Lands Traffic Impact Study (TIS) dated October 22, 2003. On October 31, 2003 City staff requested additional information related to the mid-block pedestrian crossing on Agate Street, PM peak turning movements at several intersections, and assumptions related to the number of parking spaces in future parking structures that might be built within the East Campus area. On November 4, 2003 the applicant submitted all of the materials requested by City staff. Several streets intersect or border the area affected by the proposed amendments. Those streets include Agate Street, 15th, 17th and 19th avenues, Col-umbia, Moss and Villard streets. Agate and Villard are accessed from the north via Franklin Boulevard, a state facility. Franklin Boulevard, Agate and 19th are classified as "major streets" on the City of Eugene Street Classification Map, adopted in 1999. Franklin Boulevard is classified as a Major Arterial; Agate as a Minor Arterial, and 19th as a Neighborhood Collector. All other streets in the area axe classified as local streets. Exhibit D - Page 7 The proposed amendments will not change the functional classification of an existing or planned transportation facility. Nor will they change standards implementing a functional classification system. Further, the amendments will not allow types or levels of land uses which would result in levels of travel or access which are inconsistent with the functional classification of a transportation facility. Though the amendments will not reduce the performance standards of the facility below the minimum acceptable level identified in the TSP, this finding warrants some additional discussion. The TIS concludes that the intersection of Agate Street -with Franklin Boulevard will exceed ODOT level of sepdce standards (Franklin Blvd. is a state highway) by 2025 with or without the proposed plan amendments. Even though this would exceed the maximum volume to capacity ratio allowed for the facility through the Oregon Highway Plan (OHP), the plan amendments will not cause a %ignificant effect" on the area transportation system. In spite of this finding~ the TiS suggests and recommends the addition of a right turn lane on the eastbound approach to the intersection, but notes that such a condition should not be a mitigation measure made necessary by the proposed plan amendments. City staff concurs with this determination and find that the plan amendments do not meet the %igrdficant affect" measure as defined in OAR 660-012-0060. The TIS also notes that, with the exception of the Agate at Franklin intersection, mitigation measures on Agate Street are not necessary until very near the end of the 20 year study period. The siting of a proposed parking structure to replace the existing Bean complex surface parking lot will affect the location and extent of mitigation measures. The study also contains a suggested traffic calming &verter for the intersection of 17th at Villard. Staff has recommended that an area-wide traffic calming study of the area east of Villard and north of 19th Avenue be conducted prior to deploy4ng any traffic calming measures. Goal 13 - Energy Conservation: To conserve energy. Goal 13 states, in part, that land use planning should, to the maximum extent possible, "...combine increasing density gradients along high capacity transportation corridors to achieve greater energy efficiency" and "...seek to recycle and reuse vacant land and those which are not energy efficient" The proposed amendments promote conservation of energy by allowing for intensification of development on land that is currently served by a full range of public services and facilities. Redevelopment and infill development on the land subject to the amendments will increase opportunities for on-campus student housing, thereby reducing home-to-work trips encountered by students who live off-campus. Therefore, the Exhibit D - Page 8 amendments are consistent with Goal 13. Goal 14 - Urbanization: To provide for an orderly and efficient transition from rural to urban land z~se. For the properties involved in this application, all necessary urban services are in place. Therefore, the amendments are consistent with Goal 14. Goal 15 - Willamette River Greenwa¥: To protect, conserve, enhance a?~d mmntam the natural, scenic, historical, agricultural, economic and recreational quahtws of lands along the Wfllamette River as the Willamette River Greenway. The subject property is not within the Willamette River Greenway. Therefore, this goal is not relevant and the amendments will not affect compliance with Goal 15. Goal 16 through 19 iEstuarine Resources, Coastal Shorelands, Beaches and Dimes, and Ocean Resources): There are no coastal, ocean, estuarine, or beach and dune resources related to the property or involved in the amendment. Therefore, these goals are not relevant and the amendments will not affect Metro Plan compliance with Goals 16 through 19. (b) Adoption of the amendment must not make the Metro Plan internally inconsistent. The amendments are consistent with the Metro Plan diagram and text. Those Metro Plan policies that are arguably applicable are addressed below. 1. Metro Plan Hous~n~ Policy A-2 Residentially designated land within &e UGB should be zoned consistent with the Metro Plan and apphcable plans and policies; however, exzsting agricultural zoning may be continued wtthzn the area between the city hmits and the UGB until re-zoned for urban use. The applicant proposes to re-designate approximately 16 acres of land. While this application does not include a re-zoning action, the applicant has stated the intention of ultimately re-zoning the property, consistent with the underlying designation. As discussed above, publicly owned land is generally not considered available for residential use; the subject area was not identified in the 1999 Residential Lands Study as available for residential use. Thus, the proposal to re-designate, and ultimately re-zone these lands for Government and Education use is consistent with Metro Plan Housing Policy A-2. 2. Metro Plan Housing Policy A-3 Provzde an adeqzmte supply of bmldable residential Exhibit D - Page 9 land withzn the UGB for the 20 year planmng period at the tzme of periodic review. Of the 29.7 acres affected by the amendment, all but .51 acres are in public ownership. Land in public ownership was not considered available for residential development in the 1999 Residential Lands Study, and was not factored into the inventory of buildable lands for that study. The proposed amendments would re-designate 14 acres of Low-Density Residential, 6.2 acres of Medium-Density Residential, and 9.5 acres of High-Density Residential land to Government and Education. The 1999 Residential Lands Study indicates that, for each of these categories, there is sufficient buildable residential land within the urban growth boundary to meet future housing needs for the 20 year planning period. Even if this shift were to be viewed as a reduction in the residential land supply, the region would still have an "adequate supply" of residential land. The Residential Lands Study indicates that for the High Density Residential category, there were 60 acres of land in excess of projected demand; for the Medium Density Residential category, there were 239 acres of land in excess of projected demand; and for the Low Density Residential category, there were 940 acres of land in excess of projected demand. (a) Metro Plan Housing Policy A~13 h~crease overall resideJ~t,al densiO, in the metropohtan area by creating more opportunities for effectively designed infill, redevelopment, and mixed use while considering the ~mpacts of increased residential density on historic, existing and fitture neighborhoods. The applicant has submitted, as part of their application, the 2003 East Campus Development Policy, that outlines the University's plans for redevelopment of the East Campus area. The policy was adopted by the University and incorporated into the University's Long Range Campus Development Plan. The East Campus Development Policy outlines a long-term redevelopment plan for the 30 acre site featuring intensive educational and institutional development in the interior of the site with less intensive uses where the campus meets the residential neighborhood. The application and the development plans of the University will provide for increased residential densities within the East Campus area and for the creation of a mixed land use pattern within an educational context. The East Campus Development Policy and those policies proposed for adoption by the City are designed to mitigate the impacts of increased residential density and institutional intensity on the historic neighborhood to the east and south of the campus area. Therefore, the application is consistent with Housing Policy A- 13. (b) Metro Plan Housinz Policy A-22 Expand opportunittes for a m~x of uses in newly developing areas and existing neighborhoods through local zoning and development regulations. Exhibit D - Page 10 The applicant has stated the intention of redeveloping the area with a mix of educational, research, and residential uses. Re-designation of the area to Government and Education~ followed by re-zoning to the PL Public Land zoning district which provides for development of those uses, is consistent with Housing Policy A-22. (c) Metro Plan Housing Policy A-25 Conserve the metropolita?t area's supply of exzsting affordable housi~g and increase the stab~hly a~d quahty of older residential neighborhoods through measures such as revitalization, code enforcement, appropriate zomng, rehabilitation programs, and relocation of existing structures, traffic calming, parking requireme;tts, or public safety considerations. These actions should support planned densities in these areas. The University (State Board of Higher Education) owns all but nine of the 122 tax lots within the East Campus area. The applicants state their intention of redeveloping the site, over time, with a mixture of educational, research and residential uses and of selling existing houses on future development sites to local house movers for relocation to other sites. The application proposes retaining R-1 Low Density Residential zoning along Villard Street to ~buffer" adjacent low- density development from future institutional developmenL The application contains no proposals for rehabilitation programs, traffic calming projects, new parking requirements or public safety initiatives. The proposed zoning and plans to relocate existing structures are consistent with Housing Policy A-25. (d) Metro Plan Housin~ Policy A-35 Coordinate local residential land use and housing planning with other elements of this plan, including public fi~c~lities and services, and other local plans, to ensure co~sistency among pohcies. The proposal, if adopted, would clarify the Metro Plan Diagram, and, by extension, Metro Plan policies related to the arrangement of land uses in the region~ by applying the Government and Education designation to parcels owned by the University (State Board of Higher Education). The Government and Education designations represent two of three categories described, in the Metro Plan, as Public and Semi-Public. As the Metro Plan provides for designation of publicly- owned land as Government and Education, the change from High Density Residential and Medium Density Residential to Government and Education represents a clarification of intent that furthers policy consistency and supports Housing Policy A-35. (e) Metro Plan Environmental Design Policy E-4 Pubhc and pr~vate fac, lities shall be designed and located in a manner that preserves and enhances desirable features of local neighborhood areas and promotes their sense of identi~. The proposed amendments include several policies and other elements intended to Exhibit D - Page 11 preserve and enhance desirable features and identity of the neighborhood. These include: (b) a policy that encourage existing residential structures to be moved or otherwise preserved when property is redeveloped; (c) a policy that ensures long-term maintenance for street-front landscaping on University-owned properties along Villard Street; (d) a policy that limits the size, scale and nature of conditional uses allowed on University-owned land within the low-density residential area fronting on Villard Street; (e) a policy that requires demonstration of compatibility of new development with the "historic architectural, single-family residential character" in the area to the east and south of the East Campus area; and (f) a "buffer" or transition area, lying between the single-family neighborhood and the intensive, institutional uses on the University campus. Within the transition area, building heights are limited and many uses are prohibited. 8. Metro Plan Public Facilities Policy G-5 The crees shall contmue joint planning coordination with major institutions, such as universities and hospitals, due to their relatively ktrge m~pact on local facilities and se~7,wes. The City collaborates with the University of Oregon on a regular basis on matters pertaining to campus development and the impacts of campus development on surrounding neighborhoods. The City is a participant in meetings of the University/Community Liaison Committee, a group formed to facilitate discussions between the University and community representatives about the physical design and development of the campus and surrounding areas. Based on these findings, the amendments will not make the Metro Plan internally inconsistent. Refinement Plan Amendments Eugene Code Section 9.8424 requires that the following criteria (in bold and italic) be applied to a refinement Plan amendment. The refinement plan amendment is consistent with the Statewide planning goals. Goals 1 through 9. Refer to findings for goals 1 through 9 related to Comprehensive Plan Diagram amendment criteria in EC 9.7730(3), above. Goal 10. The land affected by these amendments was not included in the area's documented supply of"buildable land" that is available for residential development. The methodology used to develop the acknowledged 1999 Residential Lands Study excluded Exhibit D - Page 12 vacant land owned by a public agency and not intended for residential development from consideration as ~buildable land". Publicly owned land is generally not considered available for residential use. The State Board of Higher Education owns 113 of the 122 parcels located within the affected area. Nine parcels remain in private ownership. Of the nine privately-owned parcels, four parcels are in the area proposed for re-designation to another land use classification. The four parcels total .51 acres in size. Goal 10 requires that communities plan for and maintain an inventory ofbuildable residential land for needed housing units. The Metropolitan _Area General Plan - Residential Land and Housing Element implements Goal 10 by providing background data and analysis, findings and policies related to the provision of residential lands inside the urban growth boundary. With the adoption of the 1999 Residential Lands Study, the following finding was incorporated into the Metro Plan: "There is sufficient buildable restdential land within the existing urban growth boundar3., to meet the future housing needs of the projected population. In fact, the 1992 residenttal buildable land supply exceeds the 1992-2015 restdential land demand in all residential categories. Assuming land is consumed evenly over the period, by 1999, there w~I1 be at least a 20 3'ear supply of residenttal land remaining ms,de the urban growth boundary" Goals 11 through 19. Refer to findings, above, for goals 11 through t 9 related to Comprehensive Plan Diagram amendment criteria in EC 9.7730(3). (1)(b) The refinement plan amendment is consistent with the applicable provisions of the Metro Platt. Applicable elements of the Metro Plan are evaluated under criterion 9.7730(3) (b) above, with respect to the proposed refinement plan amendments and metro plan amendments. The proposed refinement plan amendments are consistent with applicable policies contained in the Residential Land Use and Housing Element, with the Environmental Design Element, and with the Public Facilities and Services Element of the Metro Plan. (i)(c) The refinement plan amendment is consistent with the remaining portions of the refin em en t platt. Remaining portions of the Fairmount/University of Oregon Special Area Study relate to areas outside the East Campus boundaries or to general neighborhood policies. While the applicant initially proposed revisions to only three policies in the adopted refinement plan, the adopting ordinance proposes that five additional land use policies and 5 additional transportation and parking policies be included in the refinement plan Exhibit D - Page 13 amendments. The policies, text and map amendments proposed for adoption are all consistent with remaining portions of the refinement plan. The current refinement plan, adopted in 1982, recognizes the need for periodic updates to the plan. The text on page 6 of the plan states: "This plan is a long-range, comprehensive plan and, as such, should be occasionally reviewed and updated (the University Development Policy specifically sates it should govern for ten years from the date of its acceptance). Changes in conditions may dictate reconsideration of policies." (2) The refinement plan amendment addresses one or more of the following: (a) An error irt the publication of the Refinement Plan. (b) New htventory material which relates to a statewide planning goal. (c) New or amended community policies. (d) New or amended provisions in a federal law or regulatio~t, state statute, state regulations, statewide planning goal, or state agency land use plan. (e) A change of circumstances itt a substantial manner that was not anticipated at the time the Refinement Plan was adopted. The proposed amendments address EC 9.8424(2)(d) and (e). The University of Oregon Long Range Development Plan, a "state agency land use plan" referenced in subsection (d), has been amended with University adoption of the east Campus Development Policy. The adoption of that policy and updating of the Long Range Development Plan has triggered the need for consideration of the proposed comprehensive plan and refinement plan amendments in order to ensure consistency with those documents. The proposed amendments also address a "change in circumstances" not anticipated at the time the refinement plan was adopted by the Eugene City Council in 1982. Since adoption of that plan, more than 20 years ago, the University has grown substantially, resulting in numerous changes to the area. Those changes include construction of the Knight Law School, Museum of Natural History, Olum Child Care Center and Graduate Student Village, reconfiguration of the Bean parking lot, and removal of all of the 1940's era "vanport" buildings referenced in the Fairmount/UO SAS. The University has continued to acquire property in the area which, at the time the Fairmount/UO SAS was adopted, was in private or other public agency ownership. The University now owns 113 of the 122 tax lots located within the planning area. It should also be noted that the FairmountfUO SAS states that the plan "...is a long range, comprehensive plan and, as such should be occasionally reviewed and updated" (page 6). The physical changes to the area, and change in ownership patterns constitute a change of circumstances that meets Exhibit D - Page 14 criterion (2)(e), above. Code Amendments Eugene Code Section 9.8065 requires that the following criteria (in bold and italic) be applied to a code amendment. (1) Is consistent with applicable statewide planning goals as adopted by the Land Conservation and Development Commission. Goals 1 through 9. Refer to findings for goals 1 through 9 related to Comprehensive Plan Diagram amendment criteria in EC 9.7730(3), above. Goal 10. The land affected by these amendments was not included in the area's documented supply of"buildable land" that is available for residential development. The methodology used to develop the acknowledged 1999 Residential Lands Study excluded vacant land owned by a public agency and not intended for residential development from consideration as "buildable land". Publicly owned land is generally not considered available for residential use. The State Board of Higher Education owns 113 of the 122 parcels located w~thin the affected area. Nine parcels remain in private ownership. Of the nine privately-owned parcels, four parcels are in the area proposed for re-designation to another land use classification. The four parcels total .51 acres in size. Goal 10 requires that communities plan for and maintain an inventory ofbuildable residential land for needed housing units. The Metropolitan Area General Plan - Residential Land and Housing Element implements Goat 10 by providing background data and analysis, findings and policies related to the provision of residential lands inside the urban growth boundary. With the adoption of the 1999 Residential Lands Study, the following finding was incorporated into the Metro Plan: "There ts sufficient buildable residential land within the existing urban growth bounda~ to meet the future houszng needs of the projected population. ~;n fact, the 1992 residentzal bzdldable &nd supply exceeds the 1992-2015 residentzal land demand in all restdential categortes. Assuming land is consumed evenly over the period, by 1999, there will be at least a 20 year supply of residential la~zd remaining inside the zirban growth boundary" Goals 1 t through 19. Refer to findings, above, for goals 1 l through 19 related to Comprehensive Plan Diagram amendment criteria in EC 9.7730(3). (2) Is consistent with applicable provisions of the Metro Plan and applicable adopted refinement plans. Exhibit D - Page 15 The adopted refinement plans that generally apply to this area include the Fairmount/UO Special Area Study, the Eugene Arterial and Collector Street Plan, and the Euaene Local Street Plan~ The proposed code amendments are consistent with applicable provisions of the Metro Plan, as described above (refer to findings, above, for applicable Metro Plan policies related to Comprehensive Plan Diagram amendment criteria in EC 9.7730(3)(b).) The proposed code amendments do not affect any of the adopted policies within either the Eugene Arterial and Collector Street Plan or the Eugene Local Street Plan, and do not affect any street classification on the Street Classification Map adopted as part of the Eugene Arterial and Collector Street Plan. Therefbre, the proposed code amendments do not apply to either of those adopted refinement plan. (3) In the case of establishment ora special area zone, is consistet~t with EC 9,3020 Crt'teria for Establishment of an S Special Area Zone. The amendments do not establish a special area zone. Exhibit D - Page 16