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Application Materials (1-6-2020)
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Application Materials (1-6-2020)
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Last modified
1/13/2020 4:03:18 PM
Creation date
1/10/2020 8:00:34 AM
Metadata
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Template:
PDD_Planning_Development
File Type
ZVR
File Year
20
File Sequence Number
1
Application Name
Conte, Paul
Document Type
Application Materials
Document_Date
1/6/2020
External View
Yes
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ZVR 20-1 (Conte) Additional application material #3 <br />This document adds further evidence that clearly demonstrates that the City's intent and <br />implementation of the "Mixed Use Areas" overlay on the Metro Plan's Plan Diagram does not permit the <br />"Drug Treatment Center - Non-residential" use on the subject site. <br />Missing public documents and information <br />Although the analysis below is based on substantial evidence adequate for a reasonable person to reach <br />the various conclusions, a number of relevant documents were missing from the City's on-line document <br />archive. These documents include: <br />• "Eugene Downtown Westside Alternatives Report" (July 1976) <br />• "1974 Community Goals and Purposes" <br />• Attachments A, B, C and D of the "Preliminary Staff Notes - Eugene Planning Commission" <br />(July 12, 1977) <br />• The ordinance(s) that made the following amendments to the land use code: <br />o First changed the C-1 and C-2 names and permitted uses that were in the 1948 version of <br />the land use code, particularly the change from "C-2 Neighborhood Commercial District" to <br />either "C-2 General Commercial District" or "C-2 Community Commercial District." <br />o First changed the zoning for lot(s) within the subject property to "C-2." <br />o First added "Drug Treatment Clinic - Non-residential" as a use in a commercial or other <br />zone(s). <br />• Building permits for the current structure from 1969 and later. <br />• The use, if any, of tax lots 500 and 600 at the time that Ordinance No. 18081 was adopted. <br />Intent and implementation of the "Mixed Use Areas" overlay on the Metro Plan's Plan Diagram <br />As stated in "ZVR xx-x (Conte) Additional application material #2," submitted previously, the subject site, <br />Tax Map / Lot 17-03-31-3100100, is designated as "Medium Density Residential" ("MDR") with a "Mixed <br />Use Areas" overlay on the Metro Plan's Plan Diagram. <br />The Metro Plan describes "Mixed Used" as follows: <br />"Mixed Uses <br />"This category represents areas where more than one use might be appropriate, usually as <br />determined by refinement plans on a local level. (For example, the Whiteaker Refinement Plan <br />includes several areas where a mix of compatible uses, based in part on existing development, are <br />designated.) In the absence of a refinement plan, the underlying plan designation shall determine <br />the predominant land use." Page II-G-12. <br />The Westside Neighborhood Plan labels the area as "Eastern Residential/Mixed Use Area." Page 3-4. <br />Both the MDR designation and Policy 1 for the "Eastern Residential/Mixed Use Area" (page 3-8) <br />unequivocally establish that the "predominant use" in this "Mixed Use" area is medium-density <br />residential. The Metro Plan MDR designation is a "Residential" designation, in which the Metro Plan <br />provides that a limited "area is available for auxiliary uses, such as * * * * * neighborhood commercial <br />services * * * * * if compatible with refinement plans, zoning ordinances, and other local controls for <br />allowed uses in residential neighborhoods." <br />ZVR 20-1 (Conte) Additional Application Material #3 Page 1 January 6, 2010 <br />
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