Item 3: Action - Minor Land Use Code Amendments

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NYSTROM Steven A ATIACHMENTD From: Sent: To: Cc: Subject: NYSTROM Steven A Friday, October 28,20054:14 PM *Eugene Mayor and City Council TAYLOR Dennis M; MUIR Susan L; MILLER Dawna A; KLEIN Glenn; JEROME Emily N: MCKERROW Mike J Response to Minor Code Amendment questions As noted at the public hearing Monday, October 24, staff has prepared a written response to the following questions raised in Councilor Bettman's e-mail regarding the Minor Land Use Code Amendments. Steve -----Original Message----- From: BETTMAN Bonny S Sent: Monday, October 24, 2005 9:36 AM To: MUIR Susan L; TAYLOR Dennis M Cc: *Eugene Mayor and City Council Subject: Question for tonight's PH on Land Use Code Amendments. Importance: High 5) 9.0500 How will changing to IAlegal Lot" from IALot of Record" affect M37 claims? There was a case in front of the BCC with this issue as the pivotal determining factor. This means that the lot is legal if the deed was signed but not recorded, as opposed to the current requirement that it be recorded? Response: The City Attorney is evaluating the background on this issue with Lane County. If the City Attorney determines that this issue could in any way potentially affect M37 claims, staffrecommends removal of this amendment. 8) 9.2160 Wouldn't this allow RV sales downtown, and many other inappropriate places due to the ubiquitous prevalence of C..2 zoning? This seems like an intensity of use more appropriate for I 1 or I 2 zones. Response: Downtown is primarily zoned C-3 which does not allow RV sales. However, there are some portions of downtown zoned C-2. The C-2 zone currently allows for R V sales, subject to a CUP. The code amendment would change RV sales from a conditional~y permitted use to a pennitted use in C-2. RV sales could not he considered in the Industrial zones as retail sales as a primary use is not permitted. 18) 9.2683 (2) Does this allow trucking terminals in the Railroad yards that are adjacent to RRSC and Trainsong Neighborhoods? Where specifically is this likely to apply? Response: This question actually refers to question tl17) 9.2450 (table) fl. The land use code prior to the 2001 update listed "Transportation and freight yards and tenninals II as a permitted outright use in the 1-2 and 1-3 zones. In order to simplify the code, staff eliminated some specific uses if another use tvith the same operational 1