Hearings Official Public Hearings

AGENDA Meeting Location: Phone: 541-682-5377 Atrium Building – Sloat Room www.eugene‐or.gov/hearingsofficial 99 West 10th Avenue The Eugene Hearings Official welcomes your interest in these agenda items. Feel free to come and go as you please at any of the meetings. This meeting location is wheelchair-accessible. For the hearing impaired, FM assistive-listening devices are available or an interpreter can be provided with 48 hours notice. To arrange for these services, contact the Planning Division at (541)682-5481. WEDNESDAY, March 13, 2013 (3:00 p.m.) I. PUBLIC HEARING ON APPEAL OF PLANNING DIRECTOR’S DECISION Pacific Recycling (CI 12-2) Assessors Map: 17-04-26-00 Tax Lot: 2000 Decision: Code interpretation of Eugene Code Sections 9.0040, 9.0500, 9.2450 Appellant: Bill Kloos, Law Office of Bill Kloos Lead City Staff: Katharine Kappa, Land Use Analyst Telephone: (541) 682-5309 E-mail: katharine.h.kappa@ci.eugene.or.us II. PUBLIC HEARING ON APPEAL OF PLANNING DIRECTOR’S DECISION Schnitzer Steel (CI 13-1) Decision: Code interpretation of Eugene Code Section 9.2450 Appellant: Bill Kloos, Law Office of Bill Kloos Lead City Staff: Katharine Kappa, Land Use Analyst Telephone: (541) 682-5309 E-mail: katharine.h.kappa@ci.eugene.or.us Public Hearing Format: 1. Staff introduction/presentation 2. Public testimony from applicant and others in support of application. 3. Comments or questions from interested persons who neither are proponents nor opponents of the proposal. 4. Public testimony from those in opposition to application. 5. Staff response to testimony. 6. Questions from Hearings Official. 7. Rebuttal testimony from applicant. 8. Closing of public hearing. The Hearings Official will not make a decision at this hearin g. The Eugene Code requires that a written decision must be made within 15 days of close of the public comment period. To be notified of the Hearings Official’s decision, fill out a request form at the public hearing or contact the lead City staff as noted above. The decision will also be posted at www.eugene-or.us/hearingsofficial.  MEMORANDUM March 13, 2013 To: Ross Williamson, Hearings Official From: Katharine Kappa, Land Use Supervisor (Buildin g & Permit Services Division) Subject: Appeal of Code Interpretation for Pacific Recycling (CI 12‐2) ______________________________________ ____________________________________________ On December 12, 2012, Bill Kloos, on behalf of Schnitzer Steel, submitted a code interpretation regarding a property located 3300 Cross Street (also known as Assessor’s Map 17‐04‐26‐00, Tax Lot 2000). The property is zoned I‐3 Heavy Industrial Zon e and is developed with a metal recycling business known as Pacific Recycling. According to the applicant, the interpretation request was prompted by the Zone Verification letter issued on December 7, 2012 by the Planning Director for Pacific Recycling. In his code interpretation submittal, the applicant requested that the Planning Director determine that a metal shredding use was not al lowed in the I‐3 zone and that a Type II Traffic Impact Analysis Review may be required for a recycling facility that includes a metal shredder. On December 21, 2012, the Planning Director issued a decision on this code interpretation request. On January 2, 2013, Bill Kloos, on behalf of Schnitzer Steel, filed an appeal of this decision. In accordance with Eugene Code Section 9.0040(1), an appeal of a code interpretation decision shall be heard by a hearings official in the manner set out in Eugene Code 9.7600 – 9.7635. As such, the City has scheduled a public evidentiary hearing to consider the matter before the Eugene Hearings Official. ATTACHMENTS: 1. Applicant’s Original Application for Code Interpretation 2. Planning Director Decision on Code Interpretation (dated 12/21/12) 3. Appeal Statement from Bill Kloos on behalf of Sch nitzer Steel 4. Testimony from Miller Nash Attorneys on behalf of Pacific Recycling (received by City 3/6/13) HO Agenda - Page 1 For more information, please contact Katharine Kappa, Land Use Supervisor at 99 West 10th Avenue, Eugene, Oregon, (541)‐682‐5309 or email Katharine Kappa at: Katharine.h.kappa@ci.eugene.or.us HO Agenda - Page 2 HO Agenda - Page 3 HO Agenda - Page 4 HO Agenda - Page 5 HO Agenda - Page 6 HO Agenda - Page 7 HO Agenda - Page 8 HO Agenda - Page 9 HO Agenda - Page 10 HO Agenda - Page 11 HO Agenda - Page 12 HO Agenda - Page 13 HO Agenda - Page 14 HO Agenda - Page 15 HO Agenda - Page 16 HO Agenda - Page 17 HO Agenda - Page 18 HO Agenda - Page 19 HO Agenda - Page 20 HO Agenda - Page 21 HO Agenda - Page 22 HO Agenda - Page 23 HO Agenda - Page 24  MEMORANDUM March 13, 2013 To: Ross Williamson, Hearings Official From: Katharine Kappa, Land Use Supervisor (Buildin g & Permit Services Division) Subject: Appeal of Code Interpretation for Schnitzer Steel (CI 13‐1) ______________________________________ ____________________________________________ Background Information On January 10, 2013, a code interpretation request was s ubmitted by Bill Kloss on behalf of his client, Schnitzer Steel. This code interpretation request was not site specific. Rather, the applicant requested an interpretation of permitted uses i n the I‐3 zone per Eugene Code Table 9.2450. The following three interpretations were requested: 1. Is a metal shredder allowed either as a primary or accessory use in the I‐3 zone, as listed in Eugene Code Table 9.2450? 2. Is a “Wrecking Yard, Motor Vehicles and Building Materials: use (as defined in Eugene Code 9.0500) the only primary use allowed as a “Recycling – scrap and dismantling yard (includes vehicle wrecking and salvage)” use listed in Table 9.2450? 3. If not, and other primary uses qualify as “Recycling – scrap and dismantling yard (includes vehicle wrecking and salvage)” (Table 9.2450) uses, please identify those uses and explain the characteristics that they possess. On January 18, 2013, the City rendered its decision on thi s code interpretation application. On January 30, 2013, Bill Kloos, on behalf of Schnitzer Steel, filed an appeal of this decision. In accordance with Eugene Code Section 9.0040(1), an appeal of a code interpretation decision shall be heard by a hearings official in the manner set out in Eugene Code 9.7600 – 9.7635. As such, the City has scheduled a public evidentiary hearing to consider the matter before the Eugene Hearings Official. HO Agenda - Page 25 ATTACHMENTS: 1. Applicant’s Original Application for Code Interpretation 2. Planning Director Decision on Code Interpretation (dated 1/18/13) 3. Appeal Statement from Bill Kloos on behalf of Schnitzer Steel 4. Testimony from Miller Nash Attorneys on behalf of Pacific Recycling (received by City 3/6/13) REFERENCE: Eugene Code Section 9.2450 (Industrial Zone Land Use and Permit Requirements) Eugene Code Section 9.0500 (Definitions) For more information, please contact Katharine Kappa, Land Use Supervisor at 99 West 10th Avenue, Eugene, Oregon, (541)‐682‐5309 or email Katharine Kappa at: Katharine.h.kappa@ci.eugene.or.us HO Agenda - Page 26 HO Agenda - Page 27 HO Agenda - Page 28 HO Agenda - Page 29 HO Agenda - Page 30 HO Agenda - Page 31 HO Agenda - Page 32 HO Agenda - Page 33 HO Agenda - Page 34 HO Agenda - Page 35 HO Agenda - Page 36 HO Agenda - Page 37 HO Agenda - Page 38 HO Agenda - Page 39 HO Agenda - Page 40 HO Agenda - Page 41 HO Agenda - Page 42