01/13/1976 Meeting - Laserfiche WebLink

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515 East 40th Avenue; Phyllis Kantor, 230 East 38th Avenue; Ray Gilden, 170 East 37th Avenue; Dorothy Anderson, 939 East 21st Avenue, member of MAPAC; John Prior, 531 East 40th Avenue; Donald Lichty, 3460 High Street; George Dawson, 190 East 47th Avenue. Their objections were to location of a "department store" facility . in what was intended to be a neighborhood shopping center; the apparent conflict between the present zoning (C-2) and designation of the area in the 1990 General Plan for neighborhood commercial uses as well as apparent conflict between the pro- posed use and Plan diagram; additional traffic that would be generated and subse- quent arterial use of residential streets; regional nature of Bi-Mart operations; lack of sidewalks for use of school children and inadequate traffic control should the traffic increase as anticipated. In presenting objections with regard to con- flict between the present zoning and the 1990 Plan, the Council was urged to rezone the area to C-l which would limit uses at the 40th and Donald shopping center to those of a neighborhood commercial nature. History of development of the Plan diagram and the Plan itself were recited and the purpose of both in providing a basis for making land use decisions. Also pointed out was the history of concern of residents in the area with regard to heavier commercial uses than desired at this shopping center and the type of de- partment store sales outlets identified with Bi-Mart operations. Size of the area (about four acres) was mentioned as a factor in considering the center a neighbor- hood facility only. Presented for the record were letters written by Dave Rynerson, Lane Transit District, with regard to transit statistics in the South Eugene area, and by James Korth, city attorney's office, with regard to signatures on a petition opposing the Bi-Mart location. Also entered into the record were written statements in opposition to the Bi-Mart submitted by South Eugene residents who were not able to be present at this hearing. Statements were made with regard to possible increase in air pollution from increased traffic to the center should the Bi-Mart locate there that would offset pollution caused by traffic traveling across the city were the ~ store to locate in another, less residential type area. Legal issues were raised, ., those of zoning vs the General Plan and allowing a nonconforming use as opposed to amending the Plan. A short recess was taken. Upon reconvening, the Mayor recognized those supporting location of Bi-Mart at the 40th and Donald center. They were R. L. McCool, owner of service station at 4010 Donald Street; Pat Stinson, 595 East 50th Avenue; Bob Suess, 260 East 38th Avenue; Richard L. Cleveland, 600 Citizens Building, representing John Breeden and Edgewood Shopping Center, Inc., developers of the property in question. Mr. McCool said that, excluding Breeden Bros., he had a larger investment than any- one else in that area. He was against changing the present C-2 zone to C-l because of the anticipated depreciatino in value of his property should that occur. Also, the limitation that would result on rebuilding or changing the type of business now there should the present building be destroyed. Mr. Stinson referred to recent transportation alternatives adopted by the Council calling for a decrease in private auto use to be accomplished partially through land use planning. He felt location of this type facility near a residential area would be one way to implement that alternative. Mr. Suess like the convenience of added and diversified services in the neighborhood, and he pointed out that the pro- posed operation would fit the present zoning. He noted that the petition passed in the neighborhood was done so with the state intent only of asking Breedens to re- consider leasing to Bi-Mart. There was no mention, he said, that it would be used ~ in a presentation to the planners and to the Council. Mr. Cleveland presented for the record a Register-Guard article dated August 20,1972, as well as a presentation in written form, including a copy of the Generat~Plan. He 1/13/76 - 2 2-3