CC Minutes - 02/16/10 Public Hearing

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City Manager Ruiz reviewed the request before the council. He noted the February 9, 2010, letter of testimony received from Matt Sprick of Eugene in support of the request, copies of which had been distributed to the council. Mayor Piercy reviewed the applicable criteria found in sections 9.77303, 9.8424, and 9.8865 of the Eugene Code and the rules governing the public hearing. She opened the public hearing. Rick Sorrett, the property owner of 2440 South Willamette, provided a brief history of his investment in the property in question. He attributed the property's current vacant status to the fact of the move of PeaceHealth to River Bend, which led many doctors and clinics to re- locate near the hospital. The building had been zoned R -3 but was never used in any capacity but as a nonconforming medical use. He had not intended to change the zoning, but the vacancy forced him to look to alternatives. The property was at the north end of the commercial corridor in this area, and he sought the General Office zoning as a transition zoning between the existing commercial and residential uses in he area. He hoped that the rezoning would help to re- tenant the property and contribute to the general well -being of the area. Justin Schmick, 1600 Oak Street, distributed and reviewed his written testimony in support of the request. Carl Mueller, 370 G Street, Springfield, believed the application complied with all relevant approval criteria and noted that the Planning Commission also found the application compliant. He reviewed the request and suggested the impact of the proposal would be very minor given it had been in office use for a considerable period of time. He did not think that the property would be counted in the Residential Lands Inventory because of its past use and did not think it should be included, and noted that the code provided for residential uses to exist in the General Office zone. He concurred with Mr. Schmick's testimony. Mayor Piercy determined that there was no staff response, and no councilor wished to continue the hearing. She closed the public hearing. 3. PUBLIC HEARING An ordinance to Redesignate "Lane Memorial Gardens" for Low - Density Residential Use by: Amending the Eugene - Springfield Metropolitan Area General Plan Diagram; and Amending the Willow Creek Special Area Study Diagram (City Files MA 08.1 and Z 09 -1) Mayor Piercy called for conflicts of interest or ex parte contacts. Mr. Clark noted his acquaintance with the Musgrove family but said he had not discussed the issue with them and believed he was capable of making an unbiased decision. City Manager Ruiz reviewed the request before the council. Mayor Piercy reviewed the applicable criteria and rules of the public hearing for the item. She opened the public hearing. Carol Schirmer, Schirmer and Associates, noted the thorough review the application had undergone by staff and the Planning Commission. She attributed the request to the changing nature of the cemetery business wherein more people were choosing cremation over burial, which meant less land, was required for the long -term viability of the operation. The property owner proposed to redesignate the vacant land on the site to low - density residential, which the site was well- suited for. Ms. Schirmer said the site was currently zoned residential, as confirmed by a unanimous vote of the Planning Commission. Speaking to the traffic impact, she said that a traffic impact analysis indicated that problems on '"Test 11 ffi Avenue MINUTES --City Council February 16, 2010 Page 2