HomeMy WebLinkAboutSupplemental Materials #2F E E I V E D
01-02-2020
ZVR xx-x Conte Additional application material #2 City of Eugene
This material establishes that the City's intent and implementation of the "Mixed Use Areas) ovelr q on IslOn
the Metro Plan's Plan Diagram does not in any way provide a legal basis to permit the "Drug Treatment
Center - Non-residential" use on the subject site.
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 LISPS
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.
The Wes tside Neighborhood Plan labels the area as "2. Eastern Residential/Mixed Use Area."
On November 28, 1977, the City implemented the Metro Plan designation by adopting and applying the
"Downtown Westside Mixed Use District" to the area "BTN [Between] 7TH AVE AND 13TH AVE, AND
BTN [Between] LINCOLN ST AND WASHINGTON ST." (See City File Z-76-0038.)
Eugene Code Table 9.1045 Reclassification of Zones states that "Effective August 1, 2011," the
"Downtown Westside Mixed Use District" was "reclassified" as "S-DW Downtown Westside Special Area
Zone."
The S-DW Downtown Westside Special Area Zone is defined at EC 9.32010 et seq. The purpose is explicit
9.3200 Purpose of S-DW Downtown Westside Special Area Zone. The special area zone applied to
the Downtown Westside area is intended to achieve the following objectives:
(1) Maintenance of the primary residential use and character of the area through rehabilitation of
existing residential structures and additional high-density residential development as the
primary land use in the area.
(2) Provision for existing office and small commercial uses as well as some limited additional
office and small commercial development in the area, provided such uses are secondary to
the primary residential land use in the area.
(3) Retention of major landscape features that enhance the character of the area.
Thus, the implementation of the "Mixed Use Area" established "residential" as the "primary" use,
consistent with the MDR designation. In addition, The implementation provided an explicit description
of the commercial uses that were intended to "mix" with residential use in two categories:
+ Existine office and small commercial uses
+ Limited additional office and small commercial development in the area, provided sUch uses are
secondary to the primary residential land use in the area.
Although the intent is clear in the "Purpose" section, fortunately the code also enumerates the
permitted'"commercial" uses, including the following category in Table 9.3215 S-DW Downtown
Westside Special Area Zone Development Standards:
Medical, Health, and Correctional Services
Hospital, Clinic, or other Medical Health
Treatment Facility (including Mental Health)
10,000 square feet or less of floor area
Nursing Home
Residential Treatment Center
C Subject to an approved conditional use
permit or an approved final planned unit
development.
P Permitted, subject to zone verification
C Subject to an approved conditional
use permit or an approved final planned
unit development.
The permitted uses in the "Mixed Use Area" never included, nor were intended to include, a "Drug
Treatment Clinic - Non-residential" use.
The City also explicitly implemented the Metro Plan statement for "Mixed Use" that "This category
represents areas where more than one use might be appropriate, usually as determined by refinement
plans on a local level." (Underlining added.)
9.3205 S-DW Downtown Westside Special Area Zone Sitinx Requirements. In addition to the
approval criteria at EC 9.8855 Zone Change Approval Criteria the site must be planned for a special
mix of uses in the Westside Neighborhood Plan. (Emphasis added.)
The Westside Neighborhood Plan makes the intent of the "Mixed Use" area even clearer:
2. EASTERN RESIDENTIAL/MIXED USE AREA
Policies
2. The City shall continue to recognize that the MU Mixed Use District was initially applied to
properties zone 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.
(Emphasis added.)
This comprehensive policy is proscriptive - "The City shall recognize and it directs the City to
encourage residential uses in the "Mixed Use District" - not drug treatment clinics!
Thus, the "Mixed Use" overlay on the area within the Westside Neighborhood Plan, which includes the
subject site, does not in any way support permitting the "Drug Treatment Center - Non-residential" use.
In contrast, the City's implementation of the "Mixed Use" area explicitly excluded "Drug Treatment
Center- Non-residential" from permitted uses, and even required a Conditional Use Permit for other
types of "Clinic" uses and limited such uses to 10,0001 square feet.
Any reliance by the City on the "Mixed Use Areas" overlay to justify the "Drug Treatment Center - Non-
residential" use will almost certainly be rejected by the impartial LUBA board members.
Subm'tted n January 1, 2020 by:
Paul T. Conte
1461 W. 101h Ave.
Eugene, DR 97402