HomeMy WebLinkAbout01/18/1984 Meeting
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M I NUT E S
Joint City Council/Planning Commission Meeting
McNutt Room, City Hall
January 18, 1984
11:45 a.m.
COUNCILORS PRESENT: Brian Obie, Richard Hansen, Freeman Holmer, Emily Schue,
Betty Smith, John Ball (from 12:00).
COUNCILORS ABSENT: Cynthia Wooten.
COMMISSIONERS PRESENT: Robert Barkman, Dorothy Anderson, Brian Bauske, Randy
Thwing, Robert Bennett.
COMMISSIONERS ABSENT: Roger Rutan, Eleanor Mulder.
The special joint meeting of the Eugene City Council and the Eugene Planning
Commission was called to order by His Honor Mayor Gus Keller.
1. JOINT PUBLIC HEARING ON ZONE CHANGE REQUEST
A. Moyer Theatres (Z 83-16)
Tax Lots 1107, 1108, and 1109--Assessor's Map
17-04-35-0 0
Located on the southwest corner of Seneca Road
and 7th Avenue West
Requests a change of zone from 1-2 Light-Medium
Industrial District to C-2/SR Community
Commercial District with Site Review procedures.
Jim Croteau of the Planning Department outlined the agenda and process for the
joint meeting. Terry Jones of the Planning Department reviewed the Findings and
Conclusions of the Eugene Planning Commission on the rezoning issue and the
January 10, 1984, Planning Department memorandum. She added that, under the 1-2
Light-Medium Industrial Zoning District, the applicant could expand only the
theater use.
The public hearing was opened.
Allen Johnson, 915 Oak Street, stated that he was the attorney representing
Moyer Theatres. He introduced Jim Saul, Larry Moyer, Nels Hall, and Jay Clifton
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as other individuals who would be presenting testimony. He stated that it is
the position of Moyer Theatres that the requested zone change is sound and that
a need exists to develop the area to demonstrate the future use and zoning of
the area. While he stated that the Planning Commission has had a problem with
putting theory into practice, Mr. Johnson felt that the boundary for the com-
mercial node should be drawn on the north side of the theater property.
Mr. Ball entered the meeting at this time.
Mr. Johnson felt that the development already present in the area was commercial
and that Eugene ordinances state that the property could be expanded if the
entire property is used for theater purposes. He stated that the Comprehensive
Plan and WEIS stipulation that parcels of 10 acres or more be retained for
industrial use does not cover this property. He stressed that commercial owners
want business without being caught up in industrial use. He stated that the
proposed development is reflected in the maps and diagrams of the General Plan
and the West Eugene Industrial Study. Referring to the previous Fred Meyer
issue, he stated that the need for the development does exist. He commented
that the time had come to determine the northern boundary of the commercial node
in order to clarify the commercial and industrial properties in the area.
He stated that this zone change request would be the proper method of deter-
mining that boundary.
Jim Saul, 44 Country Club Road, stated that the Fred Meyer rezoning established
the western boundary of the commercial node when the request was approved
by the City Council. He stated that no mention was made of the northern
boundary during the discussion except that commercial properties should complement
the existing use. Mr. Saul felt that the proposed rezoning would not be an
erosion of the industrial base, stating that the Moyer property was not included
in the list of available industrial sites in the WEIS, but was inventoried in the
General Plan as existing commercial property. He stated that this was used as a
justification for the Fred Meyer rezoning. He said the City was dealing with
three small parcels rather than one that could be more easily developed with an
industrial use.
Nels Hall, no address given, stated that he was one of the architects for the
proposed expansion. He reviewed the site plan for the expansion in order to
clarify the configuration of the property. Using the site plan, he illustrated
that the Moyer Theatres and Fred Meyer properties would share access from Seneca
Road and West 11th Avenue. He stated that his firm had developed several plans
for industrial use of the remaining parcels after the proposed theater expansion,
but the problem still remained of having theater circulation going through the
industrial area or vice versa.
Larry Moyer, no address given, stated that Moyer Theatres had been in business
in Eugene for 24 years and that he would personally like to live in Eugene
rather than in Portland. He added that he had sent two employees to work in
Eugene who later decided to reside here. He stressed that Moyer Theatres has
provided many jobs in the Eugene area and that its four theaters and two other
properties were non-polluting industries.
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Mr. Johnson added that Mr. Moyer has been a good citizen and has provided
support to the economy and public of Eugene. He stressed that the City of
Eugene has a strong commitment to existing industries and that the proposed
rezoning would be proper application of City policy. He also stated that the
rezoning would present a clear direction to industries relocating into Eugene.
In response to a question, Mr. Croteau stated that the Moyer property was zoned
M-3 prior to the rezoning to 1-2. He stated that the property was realigned to
industrial districts several years ago and that the theater operation was
established in 1969 with a drive-in theater. He added that these uses were
allowable in an industrial district. In response to another question, he stated
that a supermarket or drugstore would be allowed in an 1-2 district in an
industrial park. In regard to property inventories, Mr. Croteau stated that
only vacant properties were added to the inventories.
In response to a question regarding other rezonings in the area, Ms. Jones
stated that the R.A. Chambers and the JB2 properties had been rezoned to the
east of the Moyer property. She said staff had looked at the strip of com-
mercial land along West 11th Avenue and the discussion had been to limit the
depth of the commerci~ strip to one tax lot. Mr. Croteau added that any use
that was lawful in the 1-2 or 1-3 zoning districts could continue. He stated
that some non-industrial uses had been ~moved after the rezoning and some
commercial uses that are auxiliary to industrial uses in industrial parks were
allowed--convenience stores, banks, barb~r shops, restaurants, and engineer/
architect offices.
Mr. Barkman stated that he saw a distinction between one tax lot deep which
defines the limit of strip commercial and a commercial node, stating that the
Fred Meyer property was more than one tax lot deep. Mr. Thwing added that the
commercial properties east of Seneca Road were developed despite opposition of
the industrial property owners. In response to a question on the consequences
and the impact on Seneca Road of placing 11+ acres into retail use like the Fred
Meyer property, Mr. Croteau said that staff was recommending site review pro-
cedures to address that issue. He said that Seneca Road had recently been
improved, with improved signalization on Seneca and at the western extention of
the Fred Meyer property. He said staff feels that Seneca Road could handle
either commercial or industrial traffic.
Mr. Obie stated that he saw the issue as one of land use rather than economic
development. He said the present business could still expand without the
proposed rezoning. He said that everyone agreed that a boundary must be set for
the commercial node but thus far the boundary had not been set. Mr. Obie felt
that the boundary might be better drawn to the south of the existing theaters.
He added that he thought that the property near 7th Avenue is appropriate for
industrial use. He said the City must be reponsible on how the issue is
handled. He did not want to see 7th Avenue become like West 11th Avenue.
He commented that the request would increase commercial use in the area by 3.5
acres, a size comparable to the Fred Meyer property and the market areas at 29th
Avenue and Willamette Street and 40th Avenue and Donald Street. He said the
City has added commercial zoning on West 11th Avenue, yet it is now time to be
responsible for protecting industrial development in West Eugene.
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In response to a question on the ingress and egress on West 7th Avenue, Ms.
Jones stated that it was possible that West 7th Avenue would have limited
access. She stated that the site review procedures had been placed on the
property rezoning in response to these concerns.
Mr. Obie stated that the General Plan diagram is not the sole factor in reviewing
zone changes and that either a refinement plan is needed or the City must make
an objective policy decision. Mr. Hansen stressed that the council would be
creating a major commercial entity in approving the rezoning. He said he felt
comfortable with allowing the expansion of the theatre, but he also felt that
pressure would be great to develop commercial uses on the east side of Seneca
Road if the zone change is approved. He stressed that the boundary for the
commercial node must be drawn. He was concerned with what the property owners
plan to do with the parcels and whether such development will be commercial or
industrial.
Mr. Ball did not see a danger of the domino theory, stating that the circumstances
are clear and unique so that the line can be drawn. He felt the line should be
drawn at 7th Avenue and Seneca Road and that it should not go east of Seneca.
Mr. Barkman felt that Mr. Ballls comments relate to the comments of the Planning
Commission that the line can be drawn. A northern boundary had never been
defined, but this zone change could define it. He agreed with Mr. Obie that the
diagram is not the sole factor; the map and the language of the General Plan
give support to accepting the zone change application as a part of the commer-
cial node. He agreed that the economic development issue is symbolic in that an
important element of the Metropolitan Plan is predictability and consistency.
He said he still felt the action of the Planning Commission was appropriate and
that the traffic concerns on West 7th Avenue would be addressed by the site
review procedures. He would prefer that all traffic be on Seneca Road or
through Fred Meyer, not on 7th Avenue.
Mr. Bauske felt the domino theory would exist if the application were approved.
He said it was discussed during the Fred Meyer issue that commerci~ development
would end there, but it did not. He said it is important that the Planning
Commission act to preserve the industrial land base, stressing that the zone
change has the potential to spillover onto the West 7th Avenue properties. He
stated that he favored the original staff notes recommending denial of the
application.
Ms. Anderson said that roles have been reversed, explaining that she had voted
for the existing use connected with the Fred Meyer property as comprising the
nodal development and the use of the site review procedures to study the impact
of the rezoning or industrial uses in the area. She said she still felt the
rezoning is an appropriate and efficient use of the land.
Ms. Schue stated that she had voted for the zone change for reasons previously
expressed by Mr. Barkman and Ms. Anderson. She said it seems logical that the
access through the Fred Meyer property is for commercial traffic. She felt the
boundary line should be drawn at 7th Avenue and Seneca Road; she said she would
not vote to increase the node beyond that point either to the north or to the
east.
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January 18, 1984
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In response to a question, Ms. Anderson stated that the land north of the R.A.
Chambers property was the boundary for the commercial development east of Seneca
Road. She said she was concerned with the possible impact on the Monsanto
property. Mr. Thwing stated that approval of the application would be a recog-
nition of the commercial uses on the property. In response to a question,
Mr. Farah stated that the site revi~1 procedures would give the City control
over the landscaping along Seneca Road.
Mayor Keller felt that the site review criteria are important and appropriate
to the zone change request. He said the request is an opportunity for the City
to develop a tot~ package, stating that streets are historically used as
boundaries; therefore, he felt it is appropriate to extend the node.
In response to previous questions and statements, Mr. Hall stated that the
theater would cover approximately 30,000 square feet when fully developed and
the parking area would contain another 30,000 square feet. Referring to the
site plan, he stated that parts of parcels A, Band C would be used for parking.
Lou Arnold, no address given, stated that he was developing prospects for the
property in the event the zone change is approved. He stated that he has
inspected the industrial park language and he believes that the support facilities
mentioned would not be appropriate for the property because of the proportion of
commercial uses to industrial uses required. He listed several types of uses
that would be possible on the property, including retail, a skating rink, or a
water tub. He said retaurants or banks would more likely locate on the parcels
facing Seneca Road. He stated that the businesses to be developed on parcels A,
Band C would have to incorporate their own parking.
4It Mr. Johnson concurred with the observation that the completion of the commercial
node with the approval of this zone change will be an opportunity for the City
to reduce uncertainty in the area. He said the area will still be without a
boundary if the zone change is denied. He stated that the applicants are
willing to cooperate in the site review process.
There being no further testimony, the public hearing was closed.
II. PLANNING COMMISSION HELD A PUBLIC MEETING
III. CITY COUNCIL PUBLIC HEARING
A. Rezoning Request for Property Located on the Southwest Corner of
Seneca Road and 7th Avenue West from 1-2 Light-Medium Industrial
District to C-2/SR Community Commercial District with Site Review
Procedures (Moyer Theaters) (Z 83-16) (memo, map, background
information distributed
Adjourned meeting of the City Council of the City of Eugene, Oregon, was called
to order by His Honor Mayor Gus Keller.
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In response to a question by Mr. Hansen, Brian Bauske of the Planning Commission
stated that the recommendation for approval of the rezoning application contained
site review procedures. In response to another question, Jim Croteau of the
Planning Department explained that under both Planned Unit Development and Site
Review procedures, the City enters into an agreement with the developer to
maintain the property. He stated that in each situation the City looks at its
standards for landscaping and for buffering between adjacent properties.
CB 2697--An ordinance authorizing rezoning from 1-2 Light-Medium
Industrial District to C-2/SR Community Commercial
District with Site Review procedures for property located
on the southwest corner of Seneca Road and 7th Avenue
West.
Mr. Obie moved, seconded by Ms. Smith, that findings supporting
the rezoning as set forth in Planning Commission staff notes
and minutes of October 4, 1983, and November 7, 1983, be adopted
by reference thereto; that the bill be read the second time by
council bill number only, with unanimous consent of the council;
and that enactment be considered at this time.
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Mr. Hansen stated that he would reverse his p~evious decision on the issue; he
hoped that the boundaries for the C-2 district would be set for future develop-
ment. He asked staff to closely review landscaping during the site review
process. He stated that he would support the motion.
Ms. Smi th stated that she woul d al so support the motion. She fel t that the
issue had needed more attention than was previously given and that she now felt
more comfortable in supporting the rezoning.
Mr. Holmer stated that the discussion had been a useful exercise in defining the
boundaries of the commercial node.
Roll call vote; the motion for second reading carried unanimously,
6:0.
Council Bill 2697 was read the second time by council bill number only.
Mr. Obie moved, seconded by Ms. Smith, that the bill be approved
and given final passage. Roll call vote; the motion carried 5:1,
Councilors Smith, Holmer, Ball, Hansen and Schue voting aye, and
Councilor Obie voting nay; the bill was declared passed (and
became Ordinance No. 19214).
Mr. Obie commented that there has been much discussion regarding the parameters
of the rezoning application, adding that the council has met with the Planning
Commission three times on the issue. He suggested that staff develop a policy
statement to address the parameters. He also suggested that the Planning
Commission deal with the West 7th Avenue access issue, stating that he felt the
primary access to the property shoul d be on Seneca Road.
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January 18, 1984
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City Manager Micheal Gleason stated that the suggestions made by Mr. Obie were
excellent and would be considered. He explained that this was not the last
joint meeting the council would have with the Planning Commission but that the
focus of the meetings will change. He hoped that future meetings would encom-
pass discussion of policy issues and reviews of zone changes by the Hearings
Official. He stated that the present meeting was the last joint meeting to
resolve application problems.
B. Other Items from the Council
Mr. Hansen asked that staff develop information on the Spay/Neuter Clinic issue
for presentation to the council. He stated that he wanted to resolve the issue
as soon as possible. He also asked for an update on the Woonerf Project for the
West University Area. He stated that he was still receiving letters on the
issue and wanted a report from staff on the on-street parking plans for the
proj ect.
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Mr. Obie distributed an article from the January 17, 1984, edition of the
Register-Guard on economic development which stated that the University of
Oregon might again be passed over for funding of high technology projects by the
State System of Higher Education. He stated that he has discussed the issue
with President Paul Olum of the University and has asked the staff to research
the issue. He stated that the final decision for the allocation of funds will
be made on January 20 at the offices of Tektronics, Inc. in Portland. He felt
the City should have known earlier about the funding process, and he suggested
that the City participate in the process by sending telegrams to the funding
committee to stress the University's needs. He also stated his concern that
there were not any members from the greater Eugene area on the State Economic
Development Board or the State Tourists and Visitors Board.
Mr. Obie moved, seconded by Ms. Smith, that the City Council
communicate in writing to the Allocation Committee for High
Technology Education its support of the University of Oregon
request for funding and to request that the State outline input on
any vacancies on the State Economic Development Board and the
State Tourists and Visitors Board.
With the consent of the rest of the council, Mayor Keller suggested that copies
of the telegram also be sent to Bud Davis, Chancellor of Higher Education, and
to Governor Victor Atiyeh.
Roll call vote; the motion as amended passed unanimously, 6:0.
The meeting was adjourned to January 23, 1984, at 1:05 p.m.
Respectfully submitted,
, /? "~;;i;!f?
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Ci ty Manager
~ (Recorded by Thorn Strunk)
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