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e D. Appeal of Planning Commission's Denial of a Zone Change Request for Property Located on the Southwest Side of 7th Avenue (Highway 99 North) between 5th Avenue and 7th Place (Luther Steinhauer) (Z 82-4) (map, background information distributed) - Mr. Gleason introduced Jerry Jacobson, Planning. Mr. Jacobson said that the request was for a change from M-3 Heavy Industrial District to C-2 Community Commercial District. He said that the request involved two tax lots, containing approximately 4 acres of land. He said that a restaurant was currently being constructed on the more northerly of the two tax lots. He noted that the building permit for this restaurant had been issued before recent amendments to the M-3 zone which eliminate restaurants as an outright use in that zone. Mr. Jacobson said that the tax lot to the south of the subject site is developed with Huling Chrysler-Plymouth car sales and service. He said that the property across the street to the east is zoned M-2 Light Industrial District and devel- oped with Carrows Restaurant, a fashion center, and a truck terminal. Mr. Jacobson said that property to the south is zoned M-3 Heavy Industrial and developed with Huling Buick car sales and service and body shop. He said that property to the west is zoned M-3 and developed with a meat company, tool sales, farm and equipment sales. Mr. Jacobson said that property to the north is also zoned M-3 and is developed with Roberts Motors truck sales and service. Mr. Jacobson said that the Planning Commission had failed, on a 3:3 vote, to approve the request. He said that the commission's discussion had centered on conformance with the general plan. He said that the staff had indicated in its report that it considered this an edge between industrial uses and commercial strip development along 7th Avenue to the east. Mr. Jacobson said that the predominant use in the subject area is industrial, with strip commercial extending to the east. He noted that the area is within the boundaries of the West Eugene Industrial Study and that that study indicated the property should be designated industrial. Councilor Hamel asked whether the Planning Commission and council would have to meet in joint session to discuss this request if the council voted to uphold the appeal. Mr. Jacobson responded that this would be the case. Mayor Keller asked councilors to declare any ex parte interest. Ms. Smith said that she would abstain from the matter, due to a potential conflict of interest. were entered into the record. contacts or conflicts of discussion or voting on Staff notes and Ini nutes Public hearing was opened. Jim Saul, PO Box 1650, Eugene 97440, represented the applicant, Luther Steinhauer. Mr. Saul asked that the following items be entered into the record: the Metropolitan Area General Plan, as adopted by the council in August 1980; the 1982 amendments to the August 1980 Metropolitan Area General Plan, adopted by the council in February 1982; the Metropolitan Area General Plan Technical Supplement, dated August 1980; and the Metropolitan Plan Update Economy Adden- dum, published in October 1981. Mr. Saul noted that the latter two documents contain the summary of all the forecast land use needs and allocations for the planning period. Mr. Saul said that the applicant is seeking the zone change for the following reasons: 1) the existing use of the property is commercial--a e MINUTES--Eugene City Council April 26, 1982 Page 9