Application Materials (1-6-2020)

"7. The 1990 General Plan Diagram indicates provision for a high-density residential area between the Washington-Jefferson corridor and the central business district (pages 19-20)." Ibid. page 1-13. "1. There is no other area, considered as a whole , in the central Eugene area where the conflict between existing commercial zoning and the City's adopted plans prevail as it does in this area. Therefore, consideration of other areas, if there were such areas, would not resolve the conflicts in this particular area." Ibid. page 1-19. "The property involved in this proposed rezoning has been studied at length by the City. That study indicates that the adopted General Plan and Community Goals and Policies clearly require establishment of zoning in the area that emphasizes high-density residential use as the predominant form of development." Ibid. Subsequent submissions of additional application materials will elaborate on the following additional implication of the "split zoning." Because the subject site is an undivided tract of land, specifically a single tax lot, the entire lot is the "site" or "development site" with respect to permitted use(s). A single "site" cannot have a non-permitted use on the site. Eugene Code defines "Develop" as * * * * 'Develop includes, but is not limited to, new building, building alterations or additions, site improvements, or a change in use. Accordingly changing the use from "Administrative, General, and Professional Office" to "Drug Treatment Clinic - Non-residential" and remodeling the current structure to serve as a clinic" would constitute "development." "Development Site" is defined as "[a] tract of land under common ownership or control, either undivided or consisting of two or more contiguous lots of record," obviously on which "development" occurs or is proposed. The S-DW Zone addresses "uses" on a "site": 9.3205 S-DW Downtown Westside Special Area Zone Siting Requirements. In addition to the approval criteria at EC 9.8865 Zone Change Approval Criteria, the site must be planned for a special mix of uses in the Westside Neighborhood Plan. When Ordinance No. 18081 rezoned individual lots 500, 600, 700 and 800 to the "Downtown Westside Mixed Use District," they were distinct from lot 100, and the rezoning complied with EC 9.3205. However, when lots 500 and 600 were incorporated into lot 100, that did not somehow "magically" allow C-2 uses (or any other non-S-DW uses) to encroach on the area that was formerly lots 500 and 600. Since a "change of use" is "development" and the "development site" is the entire undivided tract, at the very least there must be no encroachment of a non-permitted use or uses incidental to a non- permitted use (such as storage or parking) onto the S-DW portions of lot 100. This zoning principle can perhaps be best understood by considering how the "Accessory Building" use must be treated in a similar split-zoning situation. "Accessory Building is defined as: "[a]ny authorized, detached building subordinate to the main building on the same development site." (Underlining added.) Several base zone categories, including "Employment and Industrial" (Table 9.2450), "PRO" (Table 9.2640), and "Residential" (Table 9.2740) allow buildings - including offices, storage and maintenance buildings - under "Accessory Uses," which buildings would be "Accessory Buildings." If the code allowed a storage building on the S-DW zoned portion of the subject lot, ostensibly as an "accessory building" for a primary use on the other portion of the lot (e.g., C-1 or C-2), that would defeat the purpose of the S-DW zoning because the are within that zone would no longer be available for ZVR 20-1 (Conte) Additional Application Material #3 Page 8 January 6, 2010