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<br />e <br /> <br />e <br /> <br />e <br /> <br />pointed out that application for permit for the proposed operation was in accordance <br />with building department requirements. He noted the present zoning had been in ef- <br />fect for many years, the parking area conformed to code requirements, and that <br />residents of the area now have to drive to 29th and Willamette for services other <br />than groceries, presenting the need for goods and services in that area. Mr. Cleve- <br />land detailed the type of operation proposed by Bi-Mart at the center, including <br />parking provisions. He also cited statistics with regard to sales operations and <br />the type of services provided by Bi-Mart, as well as the history of zoning for the <br />center allowing commercial development and the C-2 uses that have been located at <br />40th and Donald. The proposed remodeling of the building in which Bi-Mart is to <br />be located, he said, would not significantly change the outward appearance of the <br />center. <br /> <br />Mr. Cleveland continued by referring to the number of C-I uses that had not been <br />successful in the shopping center, and he thought economic reality pointed up the <br />desirability for a store of Bi-Mart's scope. He said the General Plan should be <br />considered a flexible guideline with the diagram as a graphic representation, and <br />that the fundamental provisions in the zoning code should be considered. He said <br />the interr~lationship between the Plan and the zoning code must rely on more than <br />the catchword "conflict." He noted the complexity of the issue and indefinite cri- <br />teria for determining whether the center should be considered for neighborhood or <br />community commercial uses - population of surrounding area, size of center itself, <br />type of services being offered, etc. He suggested development of more definite <br />criteria for neighborhood shopping centers and refinement of the General Plan it- <br />self before action was taken on this issue. He thought too that code provisions <br />were vague, that types of stores should be better defined - what is considered a <br />hardware store, a drug store? Trying to define the type of store Bi-Mart is becomes <br />difficult in terms of meeting definitions of those services allowed in C-l and C-2 <br />zones. But he felt Bi-Mart would be bringing goods and services to a neighborhood <br />and that it would complement the existing Safeway store in that shopping center. <br />He read the uses allowed in C-2 zones that could be located in the Edgewood Shopping <br />Center under the code and said that if Bi-Mart was not allowed, those uses existing <br />in other shopping centers would have to be dealt with. <br /> <br />Mr. Cleveland proposed action initiating further study of C-I and C-2 zoning and <br />doing nothing to interfere with the present or proposed land use for the Edgewood <br />Center. He felt nothing short of a moratorium would support the view of the oppo- <br />nents in their request to deny location of the Bi-Mart in the Edgewood Center. To <br />undertake that position without thorough research and analysis that would support <br />definitions contained in the zoning code, he said, would have little force in the <br />courts. He said the issue was long-range and he felt that under the present zoning <br />ordinance and General Plan, there had been no case made that C-2 uses should be re- <br />moved from the Edgewood Shopping Center. <br /> <br />Earl Green, 365 West 27th Avenue, developer of the Coburg Plaza Shopping Center <br />on Co burg Road, was in favor of allowing the Bi-Mart at 40th and Donald. He said <br />that changing the zoning to C-I on that center could lead to reduction of zoning on <br />the Coburg Road center (now C-2 PO). <br /> <br />Public hearing was closed there being no further testimony presented. <br /> <br />In response to a question from Councilman Haws with regard to comments about separate <br />shops, Mr. Dawson said the documentation supporting those comments would be sub- <br />mitted to staff in writing. <br /> <br />On request from the Mayor for a show of hands, there appeared to be about 75 in the <br />audience opposed to location of the Bi-Mart store as proposed, and about 35 in favor. <br /> <br />24 <br /> <br />1/13/76 - 3 <br />