12/10/1984 Meeting (2) - Laserfiche WebLink

Home Browse Search

B. Appeal of Annexation/Zone Change Request (Emilia Coven) (AZ 84-1) e (memo, map, background information distributed) City Manager Micheal Gleason introduced the agenda item. Jim Croteau of the Planning Department presented the staff report. He said the appeal was to the recommendation of the Planning Commission to approve the request to annex and apply City zoning to a 5.5-acre parcel (Tax Lot 700) east of South Shasta Loop Road and north of East 43rd Avenue. Commission approval of the request included a condition that recorded legal access be provided prior to council consideration of the request. The request was the first to be con- sidered by the commission and council under new, simplified annexation procedures. Mr. Croteau said council consideration of the appeal was limited to issues raised in the appeal statement and evidence in the record. Interest in the annexation and rezoning request was enhanced by the applicant's wish to seek a future conditional use permit for a Looking Glass Stepping Stone Lodge on Tax Lot 700 if the annexation and rezoning are approved. A conditional use permit request is heard by the Hearings Official. The official's decision is appealable to the Planning Commission. Mr. Croteau emphasized that a specific future use of Tax Lot 700 was not germane to council consideration of the appeal. Responding to questions from Councilors Bascom and Hansen, Mr. Sercombe said a new annexation and/or rezoning request for Tax Lot 700 could not be initi- ated for a year if this request is denied. If it wished, the council could - remand the request back to the Planning Commission for additional findings. In that case, the council might hear another appeal of the commission's decision. Denial of the request would finalize City action. An appeal could then be made to the Land Use Board of Appeals or a request could be made to Lane County to permit the intended use. Councilor Holmer asked if the council was prohibited from conSidering future uses of Tax Lot 700. Mr. Sercombe said the council could consider the availability of public services and all permitted uses in the requested zone. Issues such as compatibility of uses are more appropriately raised in a conditional use permit hearing. When Mayor Keller asked for ex parte contacts and conflicts of interest, Mr. Sercombe said councilors should disclose with whom they had conver- sations about the request and appeal, the substance of conversations, and whether the conversations would impare their judgement. Ms. Bascom attended a meeting of the Shasta Valley Neighbors in September at which the proposed annexation was discussed. It did not alter her effort to consider the appeal fairly. A phone call from Loretta Clausen expressed the concern of an abutting property owner. Visits with Jim Forbes and Roz Slovic were to gather information about Looking Glass services. Ms. Slovic asked to lobby Ms. Bascom about the importance of the Looking Glass program. Ms. Bascom would try to consider the issue fairly. In the council deliberations, she would do her best not to use any information that was not part of the record. e MINUTES--Eugene City Council December 10, 1984 Page 2