Application Materials (1-6-20) - Laserfiche WebLink

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