F E E I V E D <br />01-02-2020 <br />ZVR xx-x Conte Additional application material #2 City of Eugene <br />This material establishes that the City's intent and implementation of the "Mixed Use Areas) ovelr q on IslOn <br />the Metro Plan's Plan Diagram does not in any way provide a legal basis to permit the "Drug Treatment <br />Center - Non-residential" use on the subject site. <br />The subject site, Tax Map / Lot 17-03-31-3100100, is designated as "Medium Density Residential" <br />('"MDR") with a "Mixed Use Areas" overlay on the Metro Plan's Plan Diagram. <br />The Metro Plan describes "Mixed Used" as follows: <br />"Mixed LISPS <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. <br />The Wes tside Neighborhood Plan labels the area as "2. Eastern Residential/Mixed Use Area." <br />On November 28, 1977, the City implemented the Metro Plan designation by adopting and applying the <br />"Downtown Westside Mixed Use District" to the area "BTN [Between] 7TH AVE AND 13TH AVE, AND <br />BTN [Between] LINCOLN ST AND WASHINGTON ST." (See City File Z-76-0038.) <br />Eugene Code Table 9.1045 Reclassification of Zones states that "Effective August 1, 2011," the <br />"Downtown Westside Mixed Use District" was "reclassified" as "S-DW Downtown Westside Special Area <br />Zone." <br />The S-DW Downtown Westside Special Area Zone is defined at EC 9.32010 et seq. The purpose is explicit <br />9.3200 Purpose of S-DW Downtown Westside Special Area Zone. The special area zone applied to <br />the Downtown Westside area is intended to achieve the following objectives: <br />(1) Maintenance of the primary residential use and character of the area through rehabilitation of <br />existing residential structures and additional high-density residential development as the <br />primary land use in the area. <br />(2) Provision for existing office and small commercial uses as well as some limited additional <br />office and small commercial development in the area, provided such uses are secondary to <br />the primary residential land use in the area. <br />(3) Retention of major landscape features that enhance the character of the area. <br />Thus, the implementation of the "Mixed Use Area" established "residential" as the "primary" use, <br />consistent with the MDR designation. In addition, The implementation provided an explicit description <br />of the commercial uses that were intended to "mix" with residential use in two categories: <br />+ Existine office and small commercial uses <br />+ Limited additional office and small commercial development in the area, provided sUch uses are <br />secondary to the primary residential land use in the area. <br />Although the intent is clear in the "Purpose" section, fortunately the code also enumerates the <br />permitted'"commercial" uses, including the following category in Table 9.3215 S-DW Downtown <br />Westside Special Area Zone Development Standards: <br />