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HomeMy WebLinkAbout01/13/1976 Meeting e e e M I NUT E S EUGENE CITY COUNCIL January 13,1976 Adjourned meeting - from January 12, 1976 - was called to order by His Honor Mayor Lester E. Anderson at 7:30 p.m. on January 13, 1976 in the Council Chamber with the following Council members present: Gus Keller, Eric Haws, Tom Williams, Neil Murray, Ray Bradley, D. W. Hamel, and Edna Shirey. Councilwoman Wickes Beal was absent. I - Authorization to sign Parks Department grant requisition Resolution 2471 - Authorizing signature of Charles T. Henry, city manager, for Parks Department grant requisition in the amount of $56,561 (No.1017) was read by number and title. Mr. Keller moved second by Mr. Haws to adopt the resolution. Rollcall vote. Motion carried, all council members present voting aye. II - Bi-Mart, 40th and Donald James Spickerman, representing the city as counsel in place of the city attorney (absent from the issue because of conflict of interest) defined the issue before the Council - whether there was conflict between proposed development and the 1990 Plan. He noted confusion because of some previous statements tending to define the ques- tion as a conflict between the present zoning and the 1990 Plan. But to get into that issue, he said, would contemplate much broader ramifications. The really practical issue was whether a building permit should be issued for the development proposed by Bi-Mart tn the 40th and Donald complex. He said that where there was zoning on a site for an outright use and plans have been submitted in accordance with building code requirements, there appeared to be no discretion to withhold a building permit. Mr.Spickerman referred to possibility of delaying any decision in this matter and possible court action on the part of the applicant. He said any legal action would probably be a suit to show cause why a building permit should not be issued. He had no way of knowing whether such a suit would be filed, he said, but considering the time necessary to prepare such action, the Council would have an opportunity to decide whether there was a conflict between this proposed use and the 1990 Plan. Jim Saul, planner, referred to position of planning staff and legal department re- flected in December 23, 1975 and January 7, 1976 committee minutes (see January 12, 1976 Council minutes) and said they had no information that would warrant a re- versal of that position. In view of the complexity of the issue and possibility of setting precedent, staff felt the appropriate Council action would be to receive testimony at this hearing and then allow staff the opportunity to prepare written analysis of that testimony and an analysis of the course of action open to the Council and consequences; also, to respond to any specific questions from the Council. In response to questions from the audience, the Mayor explained that statements only would be received at this meeting; written analyses could also be presented. Public hearing was opened. Speaking against location of a Bi-Mart store at 40th and Donald and in favor of rezoning the area from C-2 to C-l were Charles Howard, 2551 Chu1a Vista; James Matthews, 3911 High Street; Richard Hinds, 2174 Jeppesen Acres, principal of Dunn School; Maradel Gale, 3615 Glen Oak Drive; John Bennett, 3960 Hilyard Street; Stephen Simpson, 3990 Donald Street; Susan Bettis, 3447 Donald Street; Phyllis Earley, 3945 Mill Street; Mary Simpson, 3990 Donald Street; Barbara Newton, I 2L 1/13/76 - 1 515 East 40th Avenue; Phyllis Kantor, 230 East 38th Avenue; Ray Gilden, 170 East 37th Avenue; Dorothy Anderson, 939 East 21st Avenue, member of MAPAC; John Prior, 531 East 40th Avenue; Donald Lichty, 3460 High Street; George Dawson, 190 East 47th Avenue. Their objections were to location of a "department store" facility . in what was intended to be a neighborhood shopping center; the apparent conflict between the present zoning (C-2) and designation of the area in the 1990 General Plan for neighborhood commercial uses as well as apparent conflict between the pro- posed use and Plan diagram; additional traffic that would be generated and subse- quent arterial use of residential streets; regional nature of Bi-Mart operations; lack of sidewalks for use of school children and inadequate traffic control should the traffic increase as anticipated. In presenting objections with regard to con- flict between the present zoning and the 1990 Plan, the Council was urged to rezone the area to C-l which would limit uses at the 40th and Donald shopping center to those of a neighborhood commercial nature. History of development of the Plan diagram and the Plan itself were recited and the purpose of both in providing a basis for making land use decisions. Also pointed out was the history of concern of residents in the area with regard to heavier commercial uses than desired at this shopping center and the type of de- partment store sales outlets identified with Bi-Mart operations. Size of the area (about four acres) was mentioned as a factor in considering the center a neighbor- hood facility only. Presented for the record were letters written by Dave Rynerson, Lane Transit District, with regard to transit statistics in the South Eugene area, and by James Korth, city attorney's office, with regard to signatures on a petition opposing the Bi-Mart location. Also entered into the record were written statements in opposition to the Bi-Mart submitted by South Eugene residents who were not able to be present at this hearing. Statements were made with regard to possible increase in air pollution from increased traffic to the center should the Bi-Mart locate there that would offset pollution caused by traffic traveling across the city were the ~ store to locate in another, less residential type area. Legal issues were raised, ., those of zoning vs the General Plan and allowing a nonconforming use as opposed to amending the Plan. A short recess was taken. Upon reconvening, the Mayor recognized those supporting location of Bi-Mart at the 40th and Donald center. They were R. L. McCool, owner of service station at 4010 Donald Street; Pat Stinson, 595 East 50th Avenue; Bob Suess, 260 East 38th Avenue; Richard L. Cleveland, 600 Citizens Building, representing John Breeden and Edgewood Shopping Center, Inc., developers of the property in question. Mr. McCool said that, excluding Breeden Bros., he had a larger investment than any- one else in that area. He was against changing the present C-2 zone to C-l because of the anticipated depreciatino in value of his property should that occur. Also, the limitation that would result on rebuilding or changing the type of business now there should the present building be destroyed. Mr. Stinson referred to recent transportation alternatives adopted by the Council calling for a decrease in private auto use to be accomplished partially through land use planning. He felt location of this type facility near a residential area would be one way to implement that alternative. Mr. Suess like the convenience of added and diversified services in the neighborhood, and he pointed out that the pro- posed operation would fit the present zoning. He noted that the petition passed in the neighborhood was done so with the state intent only of asking Breedens to re- consider leasing to Bi-Mart. There was no mention, he said, that it would be used ~ in a presentation to the planners and to the Council. Mr. Cleveland presented for the record a Register-Guard article dated August 20,1972, as well as a presentation in written form, including a copy of the Generat~Plan. He 1/13/76 - 2 2-3 e e e pointed out that application for permit for the proposed operation was in accordance with building department requirements. He noted the present zoning had been in ef- fect for many years, the parking area conformed to code requirements, and that residents of the area now have to drive to 29th and Willamette for services other than groceries, presenting the need for goods and services in that area. Mr. Cleve- land detailed the type of operation proposed by Bi-Mart at the center, including parking provisions. He also cited statistics with regard to sales operations and the type of services provided by Bi-Mart, as well as the history of zoning for the center allowing commercial development and the C-2 uses that have been located at 40th and Donald. The proposed remodeling of the building in which Bi-Mart is to be located, he said, would not significantly change the outward appearance of the center. Mr. Cleveland continued by referring to the number of C-I uses that had not been successful in the shopping center, and he thought economic reality pointed up the desirability for a store of Bi-Mart's scope. He said the General Plan should be considered a flexible guideline with the diagram as a graphic representation, and that the fundamental provisions in the zoning code should be considered. He said the interr~lationship between the Plan and the zoning code must rely on more than the catchword "conflict." He noted the complexity of the issue and indefinite cri- teria for determining whether the center should be considered for neighborhood or community commercial uses - population of surrounding area, size of center itself, type of services being offered, etc. He suggested development of more definite criteria for neighborhood shopping centers and refinement of the General Plan it- self before action was taken on this issue. He thought too that code provisions were vague, that types of stores should be better defined - what is considered a hardware store, a drug store? Trying to define the type of store Bi-Mart is becomes difficult in terms of meeting definitions of those services allowed in C-l and C-2 zones. But he felt Bi-Mart would be bringing goods and services to a neighborhood and that it would complement the existing Safeway store in that shopping center. He read the uses allowed in C-2 zones that could be located in the Edgewood Shopping Center under the code and said that if Bi-Mart was not allowed, those uses existing in other shopping centers would have to be dealt with. Mr. Cleveland proposed action initiating further study of C-I and C-2 zoning and doing nothing to interfere with the present or proposed land use for the Edgewood Center. He felt nothing short of a moratorium would support the view of the oppo- nents in their request to deny location of the Bi-Mart in the Edgewood Center. To undertake that position without thorough research and analysis that would support definitions contained in the zoning code, he said, would have little force in the courts. He said the issue was long-range and he felt that under the present zoning ordinance and General Plan, there had been no case made that C-2 uses should be re- moved from the Edgewood Shopping Center. Earl Green, 365 West 27th Avenue, developer of the Coburg Plaza Shopping Center on Co burg Road, was in favor of allowing the Bi-Mart at 40th and Donald. He said that changing the zoning to C-I on that center could lead to reduction of zoning on the Coburg Road center (now C-2 PO). Public hearing was closed there being no further testimony presented. In response to a question from Councilman Haws with regard to comments about separate shops, Mr. Dawson said the documentation supporting those comments would be sub- mitted to staff in writing. On request from the Mayor for a show of hands, there appeared to be about 75 in the audience opposed to location of the Bi-Mart store as proposed, and about 35 in favor. 24 1/13/76 - 3 Councilman Murray asked for present and projected population figures in the area , generally south of 34th Avenue, cpmmenting that it might be pertinent to have data also on purchasing power because of the probability of its being disproportionate to pure population numbers. Staff indicated that data could be developed for the iIt Council. Mr. Murray inquired about other existing commercial areas south of 34th and whether the city had explored other commercial sites south of 36th. Mr. Saul named small commercial sites, excluding 30th and Hilyard, located at West Amazon and Larch (C-1), East Amazon north of Larch (C-l), and Fox Hollow and Donald (C-2). He added that there had been no consideration of other commercial areas east of Friendly and south of 36th, only in the southwest portion of the city in the Lorane and Bailey Hill areas. Mr. Murray asked about the process for rezoning the 40th and Donald area to C-l should that be decided the thing to do. Also, how it would be decided if Bi-Mart was allowable - who would decide? Mr. Saul answered that the building official would be resonsible for that decision, with appeal privileges by either the pro- ponents or opponents to the Zoning Code Board of Appeals and to the Council. In response to Mr. Murray's inquiry about how extensive and where in the community there are other properties zoned C-2 similar to the subject center, Mr. Saul sug- gested a more detailed response could probably be given in written form. However, he cited the Valu-Mart site on River Road as an example where the present use could be debated as to whether it is C-l or C-2 (Fred Meyer catalog store). Also, the 30th and Hilyard center includes a number of uses that would not be permitted in a C-l zone, and some that would be questionable uses in C-l. He added the general area north and south of Franklin in the Garden Avenue area where a number of busi- nesses would be nonconforming uses in terms of the Plan diagram. Mr. Murray asked if site review procedure could be an option for handling the 40th and Donald area regardless of the Council's decision on the zoning issue. Mr. Saul answered that the Council did have the prerogative of attaching site review procedures, however, it would not seem appropriate in view of the advanced development of the property. It would serve little purpose in this instance, he said, where modifica- tion of the existing building was about all that was proposed. He agreed with Mr. Murray's assessment that if the decision was made to allow Bi-Mart at 40th and Donald and site review procedure was attached, it would be reasonable to assume that there would be a significant, noteworthy change in the current use of that facility. Mr. Saul added that the site review provisions, however, would be fairly well pre- scribed by the development already there. -- Councilman Bradley asked whether the Council had the authority to determine whether Bi-Mart was a C-l or C-2 use under the building code, and whether either use was con- sistent with the General Plan. Mr. Spickerman answered that his immediate reaction would be that if the Council felt the Bi-Mart use was in keeping with the General Plan, it could direct issuance of a building permit. As to whether it constituted a C-l or C-2 use, he said, he was not sure of the implications and preferred answer- ing in written form after some review. He said the questions raised were basic and that action would better be delayed until a detailed response could be prepared. Councilman Keller wondered if traffic projections could be developed taking into consideration statistics quoted with regard to Bi-Mart trade area. Al Williams, traffic engineer, said that in an objective way traffic statistics could be developed showing projected use on 40th both east and west and overlaid on existing traffic ~ patterns. He said, however, that it should be understood the results would not be ~ a finite answer although there would be some degree of reliability. If the Council understood that such a study would be subjective in nature, he said, that type of data could be provided. 1/13/76 - 4 2.$ & . . . Mr. Keller asked also for inclusion in staff report of comment with regard to buffer on the back side of the proposed structure. He thought that might be relevant in view of the homes adjacent to the center. Councilman Williams asked for some historical background on what was intended at the time the 1990 Plan was written vis-a-vis the zoning ordinance. No place in the Plan does C-l, C-2, or C-3P appear, he said, and he wanted to know why the two documents were not correlated. Councilwoman Shirey wanted staff response with regard to recent consideration of transportation goals that would place commercial centers nearer residential areas and how that would apply in this situation - whether it would be better to necessitate driving a distance to one-stop centers where a variety of services were available, or to bring large stores into neighborhood area. She asked also for comment on con- sequences of changing zones as a result of periodical refinement studies - what would be the treatment of existing uses that became nonconforming because of a zone change. Councilman Murray asked that staff in its report respond with regard to the concept of balanced..land use, as considered in adopting transportation alternatives, in the context of the Bi-Mart issue and generally locating commercial uses conveniently for serving the public. He wanted to know, regardless of how the Bi-Mart issue was de- cided, whether there was adequate commercial property in the South Eugene area in comparison to other portions of the city. He added that it appeared necessary to look at the zoning o~ the 40th and Donald property to determine whether it should be C-2 or C-l, and if it was zoned C-l, to determine whether the Bi-Mart operation would then be an allowable use. Councilman Bradley asked whether an ordinance would be necessary to impose a mora- torium on issuance of building permits. Mr. Spickerman answered that if a building permit was not issued, there could possibly be filed a "show cause" action. That, he said, could not happen inside of ten days during which time a decision is likely to be made on the issue. So rather than undertake adoption of an ordinance placing a moratorium, he suggested waiting at least until a decision was made on the course of action before determining whether a moratorium should be imposed. There were no further questions, and in the absence of any objections, the Chair instructed staff to prepare a report for the January 21,1976 committee-of-the-whole meeting analyzing and commenting on the issues raised at this meeting. Upon motion duly made, seconded, and carried, the meeting was adjourned to Monday. January 26, 1976. ~ V / ) /. harles T. 'H:nry ,/~ City Manager 2.Ja 1/13/76 - 5