HomeMy WebLinkAboutApplication Materials (1-6-20) (2)JANISCH Amy C
From: Paul Conte <paul.t.conte@gmail.com>
Sent: Monday, January 06, 2020 9:16 AM
To: WHITMILL Kelly E
Cc: HANSEN Alissa H; Ted Coopman; SEMPLE Emily
Subject: Re: ZVR 20-1 (CONTE) Additional application materials #3
Attachments: Ord 18081 rezoning to MU Z 76-38-.pdf
[EXTERNAL 0]
Ordinance No. 18081 attached. Please confirm receipt and add to the application materials for ZVR 20-1
Accredited Earth Advantage
Sustainable Homes Professional
On Mon, Jan 6, 2020 at 9:14 AM Paul Conte <paul.t.conte@gmail.com> wrote:
Kelly,
Please confirm receipt of the four attached documents and include them as application materials for ZVR
20-1.
Because of size limitations, I will send Ordinance No. 18081 in a following e-mail.
As you'll see from the bullet list in the attached document, there are several City documents that I was
unable to locate. None of these are necessary for a legal finding that the C-2 zone doesn't conform with the
comprehensive plan; however, the legislative history does provide a better understanding of the issues.
For example, Ordinance No. 18081 really nails down the City Council's motivation and intent in
implementing a "generic" "MU Multiple Use District" and then applying it in 1977 by adopting the "Downtown
Westside Multiple Use District" and rezoning much of the Westside area covered by the Metro Plan's "Mixed
Use Areas" overlay.
I will be submitting another "Application Material" document that fully covers the requirements imposed by
the comprehensive plan designations and policies restricting the "Eastern Residential /Mixed Use Area" to
either "Residential" or "Mixed Uses," as covered in the attached document.
I think it would be constructive to have a discussion regarding this issue prior to completing findings and a
decision. County staff had stated to the Lane County Board of Commissioners in a formal document that the
City "agrees" that the proposed MAT clinic is a permitted use. However, comments by their consultant,
Colin McArthur, were seriously misinformed about the actual polices, code and case law.
As the next document will explain, an erroneous interpretation of the statutes, plan and land use code
would have extereme implications for all areas with a "Residential" designation (except where protected by
CCBtRs, of course).
Let me know if staff is amenable to having a similar conversation as was apparentlty provided to the
County staff.
Thank you,
Paul
541.344.2552
Accredited Earth Advantage
Sustainable Homes Professional
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