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HomeMy WebLinkAboutOrdinance No. 20302 ORDINANCE NO. 20302 AN ORDINANCE AMENDING THE EUGENE-SPRINGFIELD METROPOLITAN AREA GENERAL PLAN DIAGRAM AND THE WILLAKENZIE AREA PLAN DIAGRAM AND TEXT; AMENDING THE EUGENE ZONING MAP AND THE EUGENE OVERLAY ZONE MAP; AMENDING SECTIONS 9.2741, 9.4280 AND 9.9700 OF THE EUGENE CODE, 1971; ADOPTING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The City Council of the City of Eugene finds that: A. On June 23, 2003, the Eugene City Council initiated amendments to the Land Use Code to allow concurrent processing with an application to amend the Willakenzie Area Plan for a proposed mixed use project called the Crescent Village Planned Unit Development (PUD). B. The Land Use Code amendments contained in this Ordinance are based on the privately initiated plan amendment application and the recommendation of the Planning Commission. C. The Planning Commission held a public hearing on the amendments contained in this Ordinance on August 12, 2003 and a work session on September 8, 2003, and has forwarded its recommendations to the City Council for amendments to the Metropolitan Area General Plan, Willakenzie Area Plan, Eugene Zoning Map, Eugene Overlay Zone Map, 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 5.6 acres of land designated High-Density Residential/Nodal Development to Commercial/Nodal Development designation and to change 5.0 acres of land designated High-Density Residential/Nodal Development to Commercial/Mixed Use/Nodal Development designation, as shown on the attached Exhibit A, which is incorporated herein. Section 2. Consistent with the provisions of Section 9.7750(4) of the Eugene Code, 1971: (a) The Willakenzie Area Plan land use diagram located between pages 19 and 20 of the Willakenzie Area Plan is amended to redesignate the 10.6 acres of land referred to in Section 1 above from High Density Residential/Nodal Development designation to Commercial/Nodal Development designation, as more specifically reflected on attached Exhibit B, which is incorporated herein. Ordinance (b) The Coburg-Crescent Subarea Diagram located at page 62 of the Willakenzie Area Plan is amended to add "Commercial Mixed Use" to the legend for that Diagram, to change 5.6 acres of land shown as High Density Residential/Nodal Development to Commercial/Nodal Development, and to change 5.0 acres of land shown as High Density Residential/Nodal Development to Commercial/Mixed Use/Nodal Development, as more specifically reflected on the attached Exhibit C which is incorporated herein. (c) The Diagram at Inset Map "D", page 65 ofthe Willakenzie Area Plan is amended to change 5.6 acres of land shown as High Density Residential to Commercial (General Office), and 5.0 acres of land shown as High Density Residential to Commercial (Mixed Use) and to add the Crescent Village boundary, as more specifically reflected on Exhibit D which is incorporated herein. Section 3. The Willakenzie Area Plan text is amended as follows: (a) Policies 6, 7, 8, 9, 11 and 12 of the Land Use Element Coburg/Crescent Subarea Policies and Proposed Actions are amended, without change to any of the Proposed Actions, and new Policies 13, 14, and 15 are added thereto, to provide as follows: The City shall recognize that the area adjacent to the north side of Crescent Avenue, designated as Commercial on the Willakenzie Coburg- Crescent Subarea Land Use Diagram shall be zoned General Office. o The City shall encourage the development of commercial uses which provide direct services to employees and residents of the surrounding areas. Examples include restaurants, financial institutions, day-care centers, health clubs, grocery stores, delicatessens, drug stores, and recreational facilities. As part of an approved PUD, a drive-through facility may be permitted, but only for pharmaceutical prescription dispensing or financial services. Commercial uses are appropriate and desirable within residential planned unit developments when services provided are of a type that will fulfill the day-to-day shopping and service needs of area residents and when those services are to be utilized primarily by the population of northeast Eugene (north of Beltline Highway and east of Gilham Street). Vehicle-oriented services including, but not limited to, service stations, repair garages, and drive-in restaurants shall not be permitted in residential PUD commercial areas. The land use plan diagram for the Coburg/Crescent Subarea indicates general locations for parks/open space and Iow-, medium-, and high- Ordinance - 2 11. 12. 13. 14. density residential uses. The City shall allow for the consideration of a different arrangement of residential and park/open space uses subject to the following criteria: A. Provision shall be made for an eastern access to the School District 4J school site; B. Provision shall be made for a park site immediately adjacent to the 4J school site; C. Low-density residential uses shall border North Game Farm Road; D. The future parks site must have adequate street frontage (as determined by the City); E. High - density residential development proposed for areas to the east of the Kinney Loop subdivision and west of Crescent Meadows subdivision must be sensitive to the Iow-density residential development within these subdivisions, while allowing for the development of the site; and F. Provision shall be made for design elements which ensure compatibility between residential and industrial land uses. The City shall allow development of clinics or other medical facilities in that portion of the Coburg/Crescent Subarea that is designated for high- density residential use, subject to an approved planned unit development. The City shall apply the C-2 Community Commercial with a/PD Planned Unit Development overlay zone to the area along the north side of Crescent Avenue designated as Commercial Mixed Use in the Coburg- Crescent Subarea. Development of the area depicted as "Crescent Village" on Inset Map D (page 65) shall only be permitted pursuant to a single final PUD that includes a master plan for all property within the Crescent Village boundaries. The City shall apply the/PD Planned Unit Development overlay zone to all property within the Crescent Village boundaries, and remove the/SR Site Review overlay. Except as provided in this Policy, the intensities of uses otherwise permitted within the Crescent Village boundaries shall not exceed any of the intensities listed in Table 1. Table 1 Crescent Villaqe Maximum Permitted Land Use Intensity Development Type Apt/Rowhouse/Condo* Specialty Retail* Shopping Center (commercial) Grocery Store (supermarket) Maximum Intensities 631 dwelling units 32 KSF 115 KSF 50 KSF Ordinance - 3 General Office 102 KSF ~ Medical-Dental Office 30 KSF KSF - 1,000 square feet *Includes 4 flex unit buildings of 4,000 square feet per building - retail, office or living space permitted. As part of a PUD approval, the City may vary the allowed intensities from those in Table 1 if the developer demonstrates based on the Institute of Transportation Engineers' Trip Generation Manual: (a) those proposed uses and intensities are otherwise consistent with the applicable zoning and land use standards; and (b) the projected peak hour trips from the combination of the proposed uses will be less than or equal to 845 trips into the Crescent Village area and 885 trips out of the area. 15. If requested as part of an application for development, the City shall reduce the minimum floor area ratio (FAR) within the Crescent Village boundaries to .40 for the commercially zoned portion of that area. (b) The Willakenzie Area Plan Transportation Policies and Proposed Actions are amended to revise Policy 3, as follows: The City shall continue to provide direct access from Coburg Road to the Kinney Loop subdivision via Kinney Loop. If in the future, access onto Coburg Road from Kinney Loop becomes a hazard, the City shall consider the addition of an access point to the Kinney Loop area via Crescent Avenue. This additional access to Kinney Loop off Crescent Avenue should be to provide access to the Kinney Loop subdivision as part of a well connected grid street system. Section 4. The Eugene Zoning Map is amended to rezone the western portion of Assessor's Map 17-03-16-24, Tax Lot 2200 from its R-4 (High Density Residential) base zone to GO (General Office) and to rezone the central portion of that Tax Lot from its R-4 (High Density Residential) base zone to C-2 (Community Commercial), as shown on the attached Exhibit E, which is incorporated herein. Section 5. The Eugene Overlay Zone Map is amended to apply the/PD (Planned Unit Development) overlay zone to Assessor's Map 17-03-16-24, Tax Lot 2200 in its entirety. The Eugene Overlay Zone Map is also amended to apply the/PD (Planned Unit Development) Overlay Zone to Assessor's Map 17-03-16-23, Tax Lot 4700, and to remove the/SR (Site Review) Overlay Zone from that Tax Lot. These amendments are more specifically shown on the attached Exhibit E, which is incorporated herein. Section 6. Subsection (1)(d) of Section 9.2741 of the Eugene Code, 1971, is Ordinance - 4 amended to provide: 9.2741 Special Use Limitations for Table 9.2740. (1) Hospitals, Clinics or Other Medical Facilities. In the R-3 and R-4 zones, these uses are subject to the following regulations: (d) Clinics and other medical facilities shall be permitted in that portion of the Coburg/Crescent area designated for high-density residential use, subject to an approved planned unit development. Section 7. Subsection (2)(a) of Section 9.4280 of the Eugene Code, 1971, is amended to provide: 9.4280 Prohibited Uses and Special Use Limitations. (2) Special Use Limitations. (a) No use may include a drive-through facility, unless explicitly permitted in a refinement plan. Section 8. Subsection (10) of Section 9.9700 of the Eugene Code, 1971, is amended to provide: 9.9700 Willakenzie Area Plan Policies. (10) Land Use Element - North Region, Coburg/Crescent Subarea. (a) The City shall recognize the area south of the future extension of Crescent, and west of the future Shadow View Drive, as depicted on the Willakenzie Land Use Diagram (and as refined by Inset Map D), as appropriate for the expansion of Neighborhood Commercial development. The Neighborhood Commercial site shall not exceed 10 acres in size. Uses in this commercial area are intended to serve the day-to-day shopping and service needs of area residents and employees of the Special Light Industrial area. Clinics and medical offices shall not be permitted in this neighborhood commercial area. (Policy 2) (b) The city of Eugene shall ensure that industrial development in the Coburg/Crescent subarea is sensitive to and compatible with surrounding uses and will conform to the Coburg/Crescent Special Light Industrial Siting and Development Standards. (Policy 3) (c) The City shall recognize that the area adjacent to the north side of Crescent Avenue, designated as Commercial on the Willakenzie Coburg-Crescent Subarea Land Use Diagram Ordinance - 5 (d) (e) (f) (g) shall be zoned General Office. (Policy 6) The City shall encourage the development of commercial uses which provide direct services to employees and residents of the surrounding areas. Examples include restaurants, financial institutions, day-care centers, health clubs, grocery stores, delicatessens, drug stores, and recreational facilities. As part of an approved PUD, a drive- through facility may be permitted, but only for pharmaceutical prescription dispensing or financial services. (Policy 7) Commercial uses are appropriate and desirable within residential planned unit developments when services provided are of a type that will fulfill the day-to-day shopping and service needs of area residents and when those services are to be utilized primarily by the population of northeast Eugene (north of Beltline Highway and east of Gilham Street). Vehicle-oriented services including, but not limited to, service stations, repair garages, and drive-in restaurants shall not be permitted in residential PUD commercial areas. (Policy 8) The land use plan diagram for the Coburg/Crescent Subarea indicates general locations for parks/open space and Iow-, medium-, and high-density residential uses. The City shall allow for the consideration of a different arrangement of residential and park/open space uses subject to the following criteria: 1. Provision shall be made for an eastern access to the School District 4J school site; 2. Provision shall be made for a park site immediately adjacent to the 4J school site; 3. Low-density residential uses shall border North Game Farm Road; 4. The future parks site must have adequate street frontage (as determined by the City); 5. High - density residential development proposed for areas to the east of the Kinney Loop subdivision and west of Crescent Meadows subdivision must be sensitive to the Iow-density residential development within these subdivisions, while allowing for the development of the site; and 6. Provision shall be made for design elements which ensure compatibility between residential and industrial land uses. (Policy 9) The City shall recognize the area on the north side of Crescent Avenue east of Coburg Road, as depicted on the Ordinance - 6 (h) (i) (J) (k) Willakenzie Land Use Diagram, as appropriate for high- density residential development. (Policy 10) The City shall allow development of clinics or other medical facilities in that portion of the Coburg/Crescent Subarea that is designated for high-density residential use, subject to an approved planned unit development. (Policy 11 ) The City shall apply the C-2 Community Commercial with a /PD Planned Unit Development overlay zone to the area along the north side of Crescent Avenue designated as Commercial Mixed Use in the Coburg-Crescent Subarea. (Policy 12) Development of the area depicted as "Crescent Village" on Inset Map D (page 65) shall only be permitted pursuant to a single final PUD that includes a master plan for all property within the Crescent Village boundaries. The City shall apply the/PD Planned Unit Development overlay zone to all property within the Crescent Village boundaries, and remove the/SR Site Review overlay. (Policy 13) Except as provided in this Policy, the intensities of uses otherwise permitted within the Crescent Village boundaries shall not exceed any of the intensities listed in Table 1. Table 1 Crescent Villaqe Maximum Permitted Land Use Intensity Development Type Maximum Intensities Apt/Rowhouse/Condo* 631 dwelling units Specialty Retail* 32 KSF Shopping Center (commercial) 115 KSF Grocery Store (supermarket) 50 KSF General Office 102 KSF Medical-Dental Office 30 KSF KSF = 1,000 square feet *Includes 4 flex unit buildings of 4,000 square feet per building - retail, office or living space permitted. As part of a PUD approval, the City may vary the allowed intensities from those in Table 1 if the developer demonstrates based on the Institute of Transportation Engineers' Trip Generation Manual: (a) those proposed uses and intensities are otherwise consistent with the applicable zoning and land use standards; and (b) the projected peak hour trips from the combination of the proposed uses will be less than or equal to 845 trips into the Crescent Village area and 885 trips out of the area. (Policy Ordinance - ? 14) If requested as part of an application for development, the City shall reduce the minimum floor area ratio (FAR) within the Crescent Village boundaries to .40 for the commercially zoned portion of that area. (Policy 15) Section 9. The findings set forth in Exhibit F attached hereto are adopted as findings in support of this Ordinance. Section 10. The maps attached hereto as Exhibits A, B, C, D and E depict the amendments being effected by this Ordinance. Exhibits G and H are adopted as replacement maps for the Coburg-Crescent Subarea Diagram located at page 62 of the Willakenzie Area Plan and the Inset Map D located at page 65 of that Plan, respectively. Exhibits G and H incorporate the amendments effected by this Ordinance, and the City's reclassification of the old Special Light Industrial and General Commercial Districts to the Campus Industrial and Community Commercial Zones respectively (Ordinance No. 20224, with effective date set by Ordinance No. 20229, remanded and readopted by Ordinance No. 20249). The maps have been further updated to reflect completion of transportation improvements and land divisions in the area. Exhibit I is adopted to be inserted into the Willakenzie Area Plan after the Willakenzie Land Use Diagram following page 19. Exhibit I replaces the Northeast portion of the Willakenzie Land Use Diagram. Section 11. 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 12. 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 13. 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 10th day of November, 2003 Ordinance - 8 Approved by the Mayor this 10th day of November, 2003 Exhibit A Crescent Village - Metro Plan Amendments (MA 03-1) (~ Proposed Metro Plan Amendments ~ ~ Change from High Density Residential/Nodal Development to Commercial/Nodal Development.  Change from High Density Residential/Nodal Development to Commercial Mixed Use/Nodal Development. N Information based on Regional Geographic A Information System data. Source data may be ~mprecise and subject to change. 11-4-03 Exhibit B Crescent Village - Willakenzie Land Use Diagram Amendment (RA 03-2) ~ Proposed Willakenzie Land Use Diagram Amendment Change from High Density Residential/Nodal Development to Commercial/Nodal Development. N information based on Regional Geographic A information System data. Source data may be imprecise and subject to change. 11-4-03 Exhibit C Crescent Village - Willakenzie Area Plan Amendments to Coburg-Crescent Subarea (RA 03-2) ~~~- I ~ i~ ""_~ Coburg-Crescent Subarea {soo page 02 of Willakonzie Area Plan) Proposed Amendments ~ Change from High Density Residential/Nodal Development ~ Amend legend to add to Commercial/Nodal Development Commercial Mixed Use Change from High Density Residential/Nodal Development ~ ~ to Commercial Mixed Use/Nodal Development Information based on Regional Geographic Information System data. Source data may be imprecise and subject to change, 11-4-03 Exhibit D Crescent Village - Willakenzie Area Plan Amendments to ~ Inset Map "D" (l~ 03-2) Proposed Changes Change from High Density Residential to F~ Amend to add Crescent Village boundary ~.~ Commercial (General Office)  Change from High Density Residential to Commercial (Mixed Use). N Information based on Regional Geographic A Information System data. Source data may be imprecise and subject to change. 11-4-03 Exhibit E Eugene Zoning Map and Overlay Zone Map Changes (Z 03-3) ~ 22' ~1 ~_~__~ ~____~ ~/~ O0 (eastern portion)~~~ 4zoo 22 ~ ~ ~0 (.S,~ potion) , 2200 ~~~ ~ssessor's ~ap: ~7-03-~0-23; lax lot: 4700 ~ssossor's ~ap: ~ 7-034 0-24; Tax lot: 2200 ~mposed Chan~es  Remove/SR Site Review overlay and Apply ~ Change base zone from R4 High Densi~ Residential /PD Planned Unit Development overlay~ to C-2 Communi~ Commercial. Apply/PD overlay. (Retain General Office zoning and/ND overlay) (Retain/ND overlay) Tax Lot 4700 Tax Lot 2200 central po~ion  Change base zone from R-4 High Density Residential ~ Apply/PD overlay. to GO General O~ce. Apply/PD overlay~ Retain R-4/ND. (Retain/ND overlay) Tax Lot 2200 eastern portion Tax Lot 2200 western portion N 11-4-03 Exhibit F Findings for MA 03-1, RA 03-2, CA 03-2 and Z 03-3 Metro Plan Amendment (MA 03-1) Eugene Code Section 9.7730(3) requires an evaluation of any Metro Plan amendment to determine whether the amendment is consistent with the following criteria shown in bold and italics. EC 9. 7730(3)(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 which insure 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 Metro Plan Land Use Diagram amendment application is subject to the public notification and heating processes adopted by the City of Eugene in Eugene Code Section (EC) 9.7720 and 9.7735. The Willakenzie Area Plan amendments are limited to text and map changes within the Coburg-Crescent Subarea and specifically the development site included within the proposed Crescent Village PUD. The amendments are subject to the Type IV public notification and heating process beginning at EC 9.7410. The zone change application is being processed concurrent with the Willakenzie Area Plan amendments and is subject to the same Type IV procedures. On June 23, 2003, the Eugene City Council initiated the code amendment processed concurrent with the Willakenzie Area Plan amendment according to the Type V procedure. On June 12, 2003, the City deemed the applications complete for processing. On June 16, 2003, a referral concerning the pending applications was sent to the Springfield and Lane County Planning Directors, the Oregon Department of Transportation (ODOT), and to the Cal Young Neighborhood Group consistent with EC 9.7415(2) and 9.7720. On June 17, 2003, the City delivered notice of the proposed plan amendments to the Department Exhibit F. Page 1 of Land Conservation and Development, as required by EC 9.7415(1) and in accordance with State statutes. On July 3, 2003, notice of the Planning Commission public heating was mailed to the applicant, owners and occupants of property within 300 feet of the subject property, the Cal Young neighborhood group, and other community organizations requesting such notice in accordance with EC 9.7415(2). Notice of the Planning Commission's public heating on the proposed plan amendments was published in the Register-Guard on July 16, 2003 in accordance with EC 9.7735(3). On July 29, 2003, a revised public heating notice was mailed to notify interested parties that the heating date was postponed to August 12, 2003. On August 12, 2003, the Eugene Planning Commission conducted a public hearing on each application. After receiving public testimony from all those present wishing to speak, and with agreement from the applicant, the Planning Commission left the public record open for additional written testimony through August 26, 2003. The Planning Commission provided the applicant until September 3, 2003, to respond with any further rebuttal comments. On September 8, 2003, the Planning Commission reviewed public testimony and began deliberations. On September 15, 2003, the Planning Commission forwarded a recommendation to the City Council. In accordance with Eugene Code provisions, additional public notice was provided concerning the October 13, 2003 public hearing of the City Council. These processes afford ample opportunity for citizen involvement consistent with Goal 1. Therefore, the amendments are consistent with Statewide Planning Goal 1. 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 record shows that there is an adequate factual base to support this ordinance as Goal 2 requires. Further, the Goal 2 coordination requirement is met. 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 adoption of these amendments with all affected governmental units. Specifically, notice was mailed to: Lane County, Springfield, Lane Transit District; Eugene Water and Electric Board; Eugene School District 4J; City of Eugene; and the following state agencies: Department of Land Conservation and Development and Oregon Department of Transportation. There are no Goal 2 Exceptions required for this ordinance. Goal 3 - Agricultural Land: To preserve and maintain agricultural lands. Exhibit F. Page 2 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 by maintaining the forest land base and to protect the state's forest economy by making possible economically efficient forest practices that assure the continuous growing and harvesting of forest tree species as the leading use on forest land consistent with sound management of soil, air, water, and fish and wildlife resources and to provide for recreational opportunities and agriculture. 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. These amendments do not create or amend the 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 specific requirements of Goal 5, do not allow new uses that could be conflicting uses with a significant Goal 5 resource site and do not amend the acknowledged Urban Growth Boundary. Therefore, Goal 5 does not apply. Goal 6 - Air, Water and Land Resources Quality: To maintain and improve the quality of the air, water and land resources of the state. The prior action to apply the/ND Nodal Development overlay zone to the subject property was a significant step towards implementing the nodal development concept; an approach to integration of land use and transportation planning that seeks to increase the use of alternative modes of transportation and reduce demand for automobile-related transportation facilities. Increasing the use of alternative modes of transportation will help to improve regional and local air quality. The amendments further the concept of nodal development by permitting a broader range of uses and providing additional opportunities for residents in the northeast area of Eugene to have access to employment and commercial services. Therefore, the amendments are consistent with Goal 6. Goal 7 - Areas Subject to Natural Disasters and Hazards: Toprotect life and property from natural disasters and hazards. The subject parcels are not located within known areas of natural disasters or hazards. The site is outside the 500-year flood zone and is not subject to hazards normally associated with steep slopes, wildfires, or tsunamis. Other hazards, such as earthquakes and severe winter storms can be mitigated at the time of development based on accepted building codes and building techniques. Based on these facts, the proposed designation will not result in development in areas normally associated with natural disaster or the Exhibit F. Page 3 damage and loss of life normally associated therewith. Therefore, the amendments are 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 lVrovide for the siting of necessary recreational facilities including destination resorts. Goal 8 ensures provision of recreation facilities to the citizens of the state. The proposed designation will not impact provision of recreation facilities. Access to recreation opportunities, including a future City park located north of the subject property and west of Grand Cayman, will not be affected as a result of the proposed amendment. Therefore, the amendments are 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 lvrosperity of Oregon's citizens. The subject property is located within the Crescent Avenue Nodal Development Area. This area includes property designated for commercial and campus industrial use. The majority of land designated for these uses is either developed or has been approved for development through the land use application process. In 1992, Eugene adopted a Commercial Lands Study that included a policy to increase the amount of land designated commercial to provide increased neighborhood commercial services and general office. The study also included an implementation strategy to consider five new commercial sites and add an estimated 36 acres into the supply of land serving office and neighborhood commercial needs. Of these sites, 17 acres has been added to the commercial land supply including the C~I zoned 10 acre site on the south side of Crescent Avenue across from the subject property. Providing additional commercial land on the subject property will be consistent with the policy in the Commercial Lands Study as the impacts associated with traffic and surrounding land uses can be mitigated through the PUD process. Therefore, the amendment is consistent with statewide planning Goal 9. Goal 10 - Housing: To provide for the housing needs of citizens of the state. The Metro Plan amendment to shift 10.6 acres of land from being designated High- Density Residential to Commercial does not hinder the ability to provide for the housing needs of the community. First, the Willakenzie Area Plan assumes clinic and hospital facilities will be developed on the 36-acre area currently designated High-Density Residential. This assumption is reflected in the following statement: "Sacred Heart General Hospital has proposed the relocation of certain types of inpatient, outpatient, and lifestyle management services to a 36-acre site within the Coburg-Crescent subarea. This regional facility would provide 24-hour hospital and clinic services. The proposed hospital/clinic would be located on property designated for high-density residential development in the area north of the future extension of Crescent Drive." (See Willakenzie Area Plan, page 63). Exhibit F. Page 4 In addition, the Willakenzie Area Plan also contains the following policy: "The City shall allow development of clinic and hospital facilities in that portion of the Coburg/Crescent area that is designated for high-density residential use, subject to review through the conditional use process." (See Willakenzie Area Plan, policy 11, page 67). As a result 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 boundary to meet the future housing needs of the projected population. In fact, the 1992 residential buildable land supply exceeds the 1992-2015 residential land demand in all residential categories. Assuming land is consumed evenly over the period, by 1999, there will be at least a 20-year supply of residential land remaining inside the urban growth boundary." (See Metro Plan findings 4, Page III-A-2) Within the category of High-Density Residential, there were 60 acres of land in excess of projected demand. The removal of 10.6 acres from this designation will still result in sufficient land to meet projected demand. (According to the Metro Plan, housing is not allocated to commercial and mixed use designated land due to State Administrative Rules, although it is known that some housing will be built on commercial and mixed use land.) Therefore, the amendment is consistent with statewide planning Goal 10. Goal 11 - Public Facilities and Services: Toplan 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 this ordinance is located in the city limits and served by 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 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, OAR 660-12). The Eugene-Springfield Metropolitan Area Transportation Plan (TransPlan) provides the regional policy framework through which the TPR is enacted at the local level. The previous addition of the "ND Nodal Development" Metro Plan Diagram designation on the subject property implemented policy direction in the TransPlan, acknowledged for compliance with Goal 12 in 2001. TransPlan Land Use Policy 5, which was also adopted as Metro Plan Transportation Policy F-5, specifically relates to the completion of"nodal development plans" and states: Land Use Policy 5: Within three years of TransPlan adoption, apply the ND, Nodal Development designation to areas selected by each jurisdiction, adopt and apply measures to protect designated nodes from incompatible development and Exhibit F. Page 5 adopt a schedule for completion of nodal development plans and implementing ordinances. The City of Eugene has adopted and applied the/ND Nodal Development overlay zone to protect the Crescent Avenue node from incompatible development. The amendments address this policy by adopting a policy and regulatory framework that will enable the area to develop as a node. Under the state TPR, a local government must provide a form of mitigation described in OAR 660-012-0060(1) when the local government adopts amendments to land use regulations which significantly affect a transportation facility. A land use regulation amendment "significantly affects a transportation facility" if it meets one of the following four factors: (a) Changes the functional classification of an existing or planned transportation facility; The proposed ordinance does not change the functional classification of any transportation facility. (b) Changes standards implementing a functional classification system; The proposed ordinance does not change the standards for implementing a functional classification system. (c) Allows types or levels of uses which would result in levels of travel or access which are inconsistent with the functional classification of a transportation facility; The proposed ordinance does not allow types or levels of uses which would result in levels of travel or access which are inconsistent with the fimctional classification of a transportation facility. The intersection of Coburg Road at the westbound Belt Line Road ramp terminal currently exceeds the maximum volume-to-capacity ratio allowed for the facility through the Oregon Highway Plan (OHP). The existing conditions at this facility are analyzed in a study performed by Balzhiser & Hubbard Engineers named "Chad/Crescent Area Transportation Infrastructure Study." That study also indicates that the eastbound Belt Line Road ramp terminal at Coburg Road will exceed the mobility standard identified in the OHP (maximum volume-to-capacity ratio of 0.85) within the near future and within the planning period. Due to the operational deficiencies at these locations, the ordinance includes specific provisions to ensure that the uses allowed will not result in levels of travel or access which are inconsistent with the identified function, capacity and performance standards of the affected transportation facility. Exhibit F. Page 6 To the extent the ordinance has a significant effect, it mitigates that effect as provided in OAR 660-012-060(1)(a). By amending the relevant portions of the Willakenzie Refinement Plan, the ordinance limits the intensities of land uses permitted on the subject property. This approach is consistent with the language of Oregon Administrative Rule 660-012-0060(1)(a), by "limiting allowed land uses to be consistent with the planned function, capacity, and performance standards of the transportation facility." The limitations on intensity are contained in the following table. TABLE 1 Crescent Village Maximum Permitted Land Use Intensity ITE code Development Type Maximum Anticipated PM Peak Intensities* Hour Trips** 220 Apt/Rowhouse/Condo*** 631 dwelling units 260 in 130 out 814 Specialty Retail *** 32 KSF 40 in 50 out 820 Shopping Center (comml.) 115 KSF 210 in 225 out 850 Grocery Store (supermrkt) 50 KSF 280 in 270 out 710 General Office 102 KSF 25 in 130 out 720 Medical-Dental Office 30 KSF 30 in 80 out 63 ldu/329 KSF 845 in 885 out GRAND TOTALS KSF = 1,000 square feet Maximum Intensities can be varied without requiring a plan amendment provided the anticipated PM Peak Hour Trips do not exceed the Grand Total. PM Peak Hour Trips with no reduction factors applied. Includes 4 flex unit buildings of 4,000 square feet per building - retail, office, or living space permitted. This table was developed with the assistance of the Oregon Department of Transportation (ODOT). The intensities allowed in the table were bas6d on the total afternoon peak hour traffic from the development not exceeding 845 inbound trips and 885 outbound trips. ODOT has assured the City that, with the limitations in the table, development types and intensities permitted under the Willakenzie Area Plan for the site will be deemed compliant with the Transportation Planning Rule. Further, the City's code requires that traffic impacts of any development proposal under this ordinance that would otherwise have a significant affect on transportation facility must be mitigated as part of the development's approval. The City of Eugene's Traffic Impact Analysis Review process ensures that this ordinance does not run afoul of OAR 660-012-0060. The City Code requires Traffic Impact Analysis Review whenever a proposed development will generate 100 or more vehicle trips during any peak hour using the most recent edition of the Institute of Transportation Engineer's Trip Generation Manual. EC 9.8670(1). If such a use is proposed for construction, it is Exhibit F. Page 7 required to go through the City's Type II or Type III Traffic Impact Analysis Review. Traffic Impact Analysis Review is also required for any development that will result in an increase in traffic that will contribute to traffic problems (based on current accident rates, traffic volumes or speeds that warrant action under the City's traffic calming program), or that will result in traffic in areas where the City has documented pedestrian and/or bicycle safety concerns. As discussed under (d), below, the City also requires a Traffic Impact Analysis Review if an engineering analysis (the City's or another engineer's) indicates that approval of the development would result in levels of service would fail to meet adopted level of service standards. Among other things, the Review requires that the development meet the purposes set out at 9.8650, including the provision of facilities necessary to accommodate the traffic impact of the proposed development through the use of traffic control devices and public or private improvements. EC 9.8650; 9.8680. This means that the development must include mitigation measures so that it does not have a "significant impact on a transportation facility." The Review requires that a proposed development must design and construct its traffic improvements to meet the City's standards, including required right-of-way and paving widths according to the street's functional classification system. EC 9.8680; 9.6505; 9.6870. A development that fails to meet this (or any other criterion at EC 9.8650) must be denied. Through this Review process, the City will ensure that a development's impact on any transportation facility will be consistent with the functional classification for that facility. (d) Would reduce the performance standards of the facility below the minimum acceptable level identified in TransPlan. The proposed ordinance will not reduce the performance standards of any facility below the minimum acceptable level identified in TransPlan. Alternatively, to the extent the ordinance arguably could have such an effect, it mitigates that effect as provided in OAR 660-0120060(1)(a). As detailed above, the Willakenzie Area Plan is being amended to add a table limiting the intensity of allows uses on the site. ODOT has assured the City that, with the limitations in the table, development types and intensities permitted under the Willakenzie Area Plan for the site will be deemed compliant with the Transportation Planning Rule. Further, as described above, the City's code requires that traffic impacts of any development proposal under this ordinance that would otherwise have a significant effect on transportation facility must be mitigated as part of the development's approval. The City of Eugene's Traffic Impact Analysis Review process ensures that this ordinance does not run afoul of OAR 660-012-0060. The City Code requires Traffic Impact Analysis Review whenever an engineering analysis (the City's or another engineer's) of a proposed development indicates that approval of the development would result in levels of service that would fail to meet adopted level of service standards. As discussed above, through this Review process, the City will ensure that a development that is proposed under this ordinance will not reduce the performance standards of the facility below the minimum acceptable level identified in TransPlan. Exhibit F. Page 8 As shown in the analysis provided above, the ordinance is consistent with Statewide Planning Goal 12 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" (see Goal 13, guideline 4). The overall intent of nodal development is to provide compact urban level development along high capacity transit corridors. The location of the subject site proximate to Beltline (a major arterial), and being directly adjacent to Coburg Road and Crescent Avenue (both minor arterials) accomplishes this intent. As noted previously in this report, Coburg Road has been selected as a priority corridor for enhanced transit service (BRT). Therefore, the amendments are consistent with Statewide Planning Goal 13. Goal 14 - Urbanization: To provide for an orderly and efficient transition from rural to urban land use. For all of the properties affected by this ordinance, all necessary urban services are in place. Therefore, the amendments are consistent with Statewide Planning Goal 14. 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 sites are not within the Willamette River Greenway. Therefore, this goal is not relevant and the amendment will not affect Metro Plan compliance with Goal 15. Goals 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 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. EC 9. 7730(3)(b): Adoption of the amendment must not make the Metro Plan internally inconsistent. The Metro Plan diagram amendment to redesignate 5.6 acres of land from High-Density Residential to Commercial and 5.0 acres of land from High-Density Residential to Commercial Mixed Use will not create an internal conflict with the remainder of the Metro Plan. No text or other diagram changes are necessary to ensure internal consistency with the proposed diagram amendments; adoption of this amendment will not Exhibit F. Page 9 make the Metro Plan internally inconsistent. The Metro Plan diagram currently designates the subject property as ND Nodal Development. The ND designation on the Metro Plan Land Use Diagram is essentially an overlay to the base land use designation and is not impacted by the proposed changes to the base designations. The proposed diagram amendments to expand the Commercial designation and to apply a Mixed Use designation will enable the creation of a mixed use project and is precedent to the approval of the Crescent Village PUD. The applicant provided detailed rationale concerning how the Metro Plan Diagram amendments are consistent with policies contained in the Metro Plan. Unfortunately, some of the policies referenced were partially based on outdated Metro Plan text and did not incorporate significant amendments associated with the 1999 Residential Lands Study. Therefore, these findings address additional Metro Plan policies. Provide an adequate supply of buildable residential land within the UGB for the 20- year planning period at the time of Periodic Review. (Metro Plan, Policy A.3) Generally locate higher density residential development near employment or commercial services, in proximity to major transportation systems or within transportation-efficient modes. (Metro Plan, Policy A. 1 0 Provide for transit-supportive land use patterns and development, including higher intensity, transit-oriented development along major transit corridors and near transit stations; medium and high-density residential development within ~ mile of transit stations, major transit corridors, employment centers, and downtown areas; and development and redevelopment in designated areas that are or could be well served by existing or planned transit. (Metro Plan, Policy F. 3). Within three years of TransPlan's adoption, apply the ND Nodal Development designation to areas selected by each jurisdiction, adopt and apply measures to protect designated nodes from incompatible development, and adopt a schedule for completion of nodal plans and implementing ordinances (Metro Plan, Policy F. 5). The proposed amendment would remove 10.6 acres of land from the supply of land designated High-Density Residential in the Metro Plan. Even if this shift in designation is viewed as a reduction in the supply of this category of land, the region will still have an "adequate supply" ofbuildable residential land. (See the findings under Statewide Planning Goal 10, above and the applicant's response to Policy 3 on page 18 of the applicant's written statement - incorporated herein.) Willakenzie Area Plan Amendments (RA 03-2) Eugene Code Section 9.8424 requires an evaluation of any refinement plan amendment to determine whether the amendment is consistent with the following criteria shown in bold and italics. EC 9.8424(1)(a): The refinement plan amendment is consistent with the Statewide planning goals. Exhibit F. Page 10 See findings under 9.7730(3)(a), above. EC 9.8424(1)(b): The refinement plan amendment is consistent with the applicable provisions of the Metro Plan. See findings under 9.7730(3)(b), above. EC 9.8424(1)(c): The refinement plan amendment is consistent with the remaining portions of the refinement plan. To ensure consistency with the remaining portions of the Willakenzie Area Plan, amendments to the plan were necessary. Those amendments are included in the ordinance. EC 9.8424(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 regulations, 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 Willakenzie Area Plan was adopted by the Eugene City Council in September 1992. The proposed amendments are not based on: a) an error in the publication of the Willakenzie Area Plan, or b) new inventory material related to a statewide planning goal. Since the Willakenzie Area Plan was adopted in 1992, numerous new or amended community policies have been adopted. Planning documents relevant to the proposed Willakenzie Area Plan amendments include the following: Eugene-Springfield Metropolitan Area Transportation Plan (TransPlan), 2001 Eugene-Springfield Metropolitan Area Residential Land and Housing Study Policy Recommendations Report, August 1999 Eugene Commercial Lands Study, October 1992 Regarding TransPlan and the changes in State law regarding the Transportation Planning Rule (TPR, OAR 660-12), Public Works staff initially stated that the application and Traffic Impact Analysis (TIA) prepared for Arlie & Company lacked sufficient data to determine whether the requested plan and zone changes could be approved. Further work by City staff, the Oregon Department of Transportation (ODOT), and the applicant resulted in agreements on the potential impacts of the proposed changes. Exhibit F. Page 11 Regarding the Residential Land and Housing Study, refer to the findings concerning available buildable land and Metro Plan policies discussed earlier in this document. Regarding the Eugene Commercial Lands Study, the following policy is specifically directed towards providing additional commercial land in Willakenzie: "Identify appropriate areas within the Willakenzie subarea to accommodate office development and address neighborhood commercial needs. In identifying commercial sites, evaluate impacts on traffic patterns and surrounding land uses." (Policy 18, page 111-19.) The study included an implementation strategy to consider five new commercial sites and adding an estimated 36 acres into the supply of land serving office and neighborhood commercial needs. Of these sites, 17 acres has been added to the commercial land supply including the C-1 zoned 10 acre site on the south side of Crescent across from the subject property. Providing additional commercial land on the subject property will be consistent with the policy above if impacts associated with traffic and surrounding land uses can be mitigated. Since the Willakenzie Area Plan was adopted in 1992, the following significant changes have occurred that were not anticipated in the plan: Decision by PeaceHealth to sell the 36-acre site on the north side of Crescent Avenue to Arlie & Company and relocate the hospital to Springfield. Development of a significant portion of land zoned C-2 Community Commercial for large discount retailers. Creation and application of the Metro Plan Diagram designation of ND Nodal Development and the/ND Nodal Development overlay zone to the subject property as part of the Crescent Avenue node. The proposed amendments to the Willakenzie Area Plan recognize the new vision and policies for an urban village within the Crescent Avenue Node. Zone Change (Z 03-3) Eugene Code Section 9.8865 requires an evaluation of any zone change request to determine whether the change is consistent with the following criteria shown in bold and italics. 9.8865 (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. The Metro Plan Land Use Diagram designates the area of the subject property as appropriate for High Density Residential land uses. The recently approved Metro Plan Amendment for Crescent Node (MA 02-9) also added the Nodal Development Metro Plan designation to the property. The following policy from the Metro Plan supports this zone change: Exhibit F. Page 12 Page III-A-10, Policy A.22: Ext>and opt~ortunities for a mix of uses in newly develo2ving areas and existing neighborhoods through local zoning and develot~ment regulations. If the proposed Metro Plan amendment for the subject site is adopted, the proposed zone changes to GO and C-2 are consistent with applicable provisions of the Metro Plan. 9.8865(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. Like the Metro Plan Diagram, the Willakenzie Area Plan diagram and Coburg-Crescent Subarea diagram designate the subject for High-Density Residential uses. A refinement plan amendment (RA 03-2) is being processed in conjunction with this zone change proposal that would change the refinement plan designation of this site to Commercial from High Density Residential. If this refinement plan amendment is approved, this request will be in compliance with the Willakenzie Area Plan diagram and Coburg- Crescent subarea diagram. The refinement plan amendment would also alter the text of the Willakenzie Area Plan to support the refinement plan diagram change and this zone change request. Therefore, the proposal is consistent with the Willakenzie Area Plan only if the pending refinement plan amendment, RA 03-2, is approved. 9.8865(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. According to the staff notes for the zone change conducted on this site in 1992 (City file Z 92-24), sanitary and storm sewers, water and electrical facilities were installed in conjunction with the extension of Crescent Avenue. When the R-4 zoning was requested, there was knowledge that the property would likely develop for a hospital or other major medical related uses. The only urban facility or service that appears to require careful examination based on the requested zone change is with regard to the impacts on transportation facilities. After receiving preliminary comments from City staff and the Oregon Department of Transportation (ODOT), the applicant submitted revised information in an effort to provide more detail addressing concerns by the two public agencies. Information was submitted by ODOT and City staff resulting in agreement regarding a method of managing potential traffic impacts. (See findings under Statewide Planning Goals 11 and 12). 9. 8865 (4) The proposed zone change is consistent with the applicable siting requirements set out for the specific zone... There are no applicable siting requirements for GO General Office or C-2 Community Commercial zoning, therefore this criterion does not apply. E>ihibit F. Page 13 9.8865(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 SO years. The NR zone is not requested. Therefore, the above criterion is not applicable. Code Amendments (CA 03-2) Eugene Code Section 9.8065 requires an evaluation of any code amendment to determine whether the change is consistent with the following criteria shown in bold and italics. EC 9. 8065(1) Is consistent with applicable statewide planning goals as adopted by the Land Conservation and Development Commission. See findings under EC 9.7730(3)(a), above. EC 9. 8065(2) Is consistent with applicable provisions of the Metro Plan and applicable adopted refinement plans. See findings under EC 9.7730(3)(b) and 9.8424(1)(c), above. EC 9.8065(3) In the case of establishment of a special area zone, is consistent with EC 9.3020 Criteria for Establishment o fan S Special Area Zone. No special area zone is established by the ordinance. Exhibit F. Page 14 Exhibit G Cobur[I-Cro~¢ont Subaroa [~] kow-Densi~ Residential I Commercial ~ Medium-Densi~ Residential I Gommercial Mixed Hse ~ Hi,h-Density Residential ~ Gampus Industrial ~ ~arks & Open Space N Exhibit H 'CHAD Inset Map D High-Density Residential Commercial Campus Industrial Crescent Village Boundary Crescent Avenue Nodal Development Area not shown. Exhibit I Public School Site -- See Inset Map "D" Willakenzie Land Use Diagram (Northeast Portion) ~-~ Low-Density Residential ~ Medium-Density Residential ~ High-Density Residential ~ Parks & Open Space ~ Commercial ~ Campus Industrial r-----] Crescent Avenue Nodal Development Area IThe area shown in color on this map incorporates all amendments to the Willakenzie Land Use Diagram as of (insert effective date of ordinance).