Exhibit 5 <br />A <br />WCity Attorney's Office <br />Date: April 20, 2016 <br />To: Planning Commission <br />From: Anne C. Davies <br />Subject: Brenelaine Investments LLC (MA 15-3) <br />Back rg ound <br />Attachment A <br />Memorandum <br />This memorandum addresses the proposal by Brenelaine Investments, LLC to amend the <br />Metro Plan designation for approximately 7 acres from Commercial to Medium Density <br />Residential (MDR). One of the applicable criteria that must be addressed in a Metro Plan <br />amendment of this kind is EC 9.7735(1): "The proposed amendment is consistent with the relevant <br />Statewide Planning Goals." <br />Statewide Planning Goal 9 (Economic Development) is intended to ensure that there is an <br />adequate supply of sites of suitable size, type, and location for anticipated industrial and <br />commercial development. The proposed findings address Goal 9 and conclude that the proposed <br />Brenelaine amendment is consistent with Goal 9. That conclusion is based on the adopted <br />Commercial Lands Study (CLS), which is the City's acknowledged "economic opportunities <br />analysis" with regard to the supply of commercial lands. <br />Ed Moore, with the Department of Land Conservation and Development, asserts that the <br />City cannot rely on the CLS because the planning horizon for the study ended in 2010, <br />approximately six years ago. He warns that an approval based on the existing CLS could be subject <br />to appeal on that basis and recommends that any action on this application be delayed until the <br />City's new economic opportunity analysis is adopted as part of the Envision Eugene package. <br />Analysis <br />Mr. Moore bases his comment on the administrative rule that implements Goal 9, OAR <br />660-009-0010(4). It provides: <br />"For a post-acknowledgement plan amendment under OAR chapter 660, division <br />18, that changes the plan designation of land in excess of two acres within an <br />existing urban growth boundary from an industrial use designation to a non- <br />industrial use designation, or another employment use designation to any other use <br />designation, a city or county must address all applicable planning requirements, <br />and: <br />City of Eugene • 125 E. 8th Ave.. Eugene, OR 97401 • 541-682-8447 • 541-682-5414 Fax <br />www.eugene-or.gov <br />(00201461;11 <br />Exhibit 5 PC Agenda - Page 6 <br />