Application Materials (1-6-2020)

"Residential This category is expressed in gross acre density ranges. Using gross acres, approximately 32 percent of the area is available for auxiliary uses, such as streets, elementary and junior high schools, neighborhood parks, other public facilities, neighborhood commercial services, and churches not actually shown on the Metro Plan Diagram. Such auxiliary uses shall be allowed within residential designations if compatible with refinement plans, zoning ordinances, and other local controls for allowed uses in residential neighborhoods" 2004 Metro Plan page II-G-3. This adopted text is identical, except for minor edits, to the same statement in the 1982 version of the Metro Plan. See 1992 Metro Plan page II-E-2. Together these elements of the comprehensive plan designations and policies constrain what is allowed in a "Mixed Use" area. The first thing to note is that the Westside Neighborhood Plan clarifies the intent of the "MU Mixed Use District." Policy 2. "The City shall continue to recognize that the MU Mixed Use District was initially applied to properties zoned C-2 Community Commercial in order to foster concentration of commercial uses within the downtown area and to encourage medium- density residential uses in the Westside. * * * * Page 3-8. (Underlining added.) By the time the City Council approved the Westside Neighborhood Plan in 1987 (Ordinance No. 19444), the City Council had already taken steps in 1977 to implement a mixed use district consistent with the Metro Plan and which district would also be consistent with the Westside Neighborhood Plan, when that refinement plan was adopted a decade later. As cited above, the Metro Plan also requires that any non-residential use in a "Residential" area not only conform to refinement plan policies, but also to "zoning ordinances." The subject lot and those around it were originally zoned "R-3 Multiple-Family Residential District" in the 1948 "Comprehensive Zoning Plan" of the City of Eugene," adopted by Ordinance No. 9188. This version of the R-3 zone did not allow clinics of any form; clinics were allowed only in the "CR Commercial Residential District" and the "C-1 Limited Commercial District." Also note that the original 1948 "C-2" zone was "C-2 Neighborhood Commercial District," which did not allow clinics. (At some time later, the "C" zones were substantially re-organized, and ultimately C-1 became the "Neighborhood Commercial Zone" and C-2 became the "Community Commercial Zone.") Thus, the historical starting point of R-3, C-1 and C-2 zoning did not allow clinics. The findings that City Council adopted in Ordinance No. 18081 provide more information on the zoning history of the area encompassing the subject site: "When zoning was initially adopted by the City in 1948, the property east of Washington Street was zoned R-3 up to the alley between Lincoln and Lawrence streets and extending north from 13th Avenue to the midpoint of the block between 8th Avenue and 7th Avenue, property east of that alley was zoned commercially. The R-3 zoning remained relatively stable until the early 1960's when the City began to receive a number of requests for commercial zoning, particularly during the period of 1963-1966. On July 5, 1965, the Planning Commission adopted a policy of favorable consideration of zone change requests converting the R-3 zoning to commercial zoning in this area. Through a process of considering zone changes on a lot-by-lot basis, the present zoning pattern was established by 1970. ZVR 20-1 (Conte) Additional Application Material #3 Page 2 January 6, 2010