Planning Commission

SUMMARY MINUTES Public Hearing Eugene Planning Commission Atrium Building–Sloat Room–99 West 10th Avenue November 16, 2004 6:00 p.m. PRESENT: John Lawless, President; Mitzi Colbath, Vice President; Rick Duncan, Randy Hledik, Anne Marie Levis, members; Tom Coyle, Executive Director, Planning and Development Department, Ex officio member; Gabe Flock, Kent Kullby, Susan Muir, Steve Nystrom, Planning and Development Department; Terri Harding, applicant. ABSENT: Jon Belcher, member. PUBLIC HEARING AND POSSIBLE ACTION ON CODE AMENDMENT/ZONE CHANGE Johansen-Moody House (File Numbers CA 04-1, Z 04-17). The following proposed actions are being initiated by the City of Eugene/City Council. The proposed actions below are the subject of the public hearing before the Eugene Planning Commission. CA 04-1 Amend the Eugene Land Use Code to create a Special Area Zone, S-H Historic Zone for the Johansen-Moody House. Z 04-17 Amend the Eugene Zoning Map by rezoning the subject property from R-1, Low- Density Residential to S-H, Historic Johansen-Moody House Zone. The Subject Property The property affected by these proposed actions is one lot located at 370 River Road. Tax Lot 7404 – Assessor’s Map 17-04-25-21. Ms. Colbath, moved, seconded by Ms. Levis , (1) to forward a recom- mendation to the City Council in support of the proposed land use ac- tions to establish a S-HJM Historic Johansen-Moody Special Area zone; to apply the zone to the Johansen-Moody House, 370 River Road; and to amend Eugene Code, Section 9.8865 to include a reference to the special area zone siting requirements for S-H Historic Special Area zones; (2) to direct staff to revise the draft ordinance adopting these land use actions with the following modification for City Council consideration: (a) To add an exemption to the Eugene Code Section 9.6420(6), Parking Sur- facing and Bumpers for only Specialty Retail, and Specialty Food and Beverage uses so as to allow the existing gravel parking area with seven parking spaces to be used in its present condition for such uses. The mo- tion carried unanimously, 5:0. SUMMARY MINUTES – Eugene Planning Commission November 16, 2004 Page 1 Public Hearing  MINUTES Public Hearing Eugene Planning Commission Atrium Building–Sloat Room–99 West 10th Avenue November 16, 2004 6:00 p.m. PRESENT: John Lawless, President; Mitzi Colbath, Vice President; Rick Duncan, Randy Hledik, Anne Marie Levis, members; Tom Coyle, Executive Director, Planning and Development Department, Ex officio member; Gabe Flock, Kent Kullby, Susan Muir, Steve Nystrom, Planning and Development Department; Terri Harding, visitor. ABSENT: Jon Belcher, member. PUBLIC HEARING AND POSSIBLE ACTION ON CODE AMENDMENT/ZONE CHANGE Johansen-Moody House (File Numbers CA 04-1, Z 04-17). The following proposed actions are being initiated by the City of Eugene/City Council. The proposed actions below are the subject of the public hearing before the Eugene Planning Commission. CA 04-1 Amend the Eugene Land Use Code to create a Special Area Zone, S-H Historic Zone for the Johansen-Moody House. Z 04-17 Amend the Eugene Zoning Map by rezoning the subject property from R-1, Low- Density Residential to S-HJM, Historic Special Area Johansen-Moody House Zone. The Subject Property The property affected by these proposed actions is one lot located at 370 River Road. Tax Lot 7404 – Assessor’s Map 17-04-25-21. Mr. Lawless called the meeting to order and welcomed newly sworn in Planning Commissioner Randy Hledik. Mr. Lawless explained the purpose of the hearing which was a quasi-judicial hearing and asked commissioners to declare any conflicts of interest, ex parte contacts, and biases or challenges to impartiality. None were declared. Mr. Lawless asked if commissioners had visited the site. No commissioners had visited the site. Associate Planner Kent Kullby provided a brief overview of the application that was the subject of the public hearing. Referring to the Agenda Item Summary, he said there were three actions under considera- tion at the public hearing: • The establishment of an S-HJM Historic Special Area Zone ordinance specific to the Johansen- Moody House. • A zone change applying this S-HJM Historic Johansen-Moody House Special Area Zone to the MINUTES – Eugene Planning Commission November 16, 2004 Page 1 Public Hearing  370 River Road site (City file Z 04-17). • A code amendment establishing a zone change criterion that references siting requirements in uncodified site-specific S-H Historic Special Area Zones (CA 04-1). Mr. Kullby noted that the City Council would consider the three decisions at a later date, based upon the Planning Commission’s recommendation, criteria of approval and the quasi-judicial procedures. Mr. Kullby read into the record the applicable criteria for approval, refer to EC 9.8065 Code Amendment Approval Criteria, and EC 9.8865 Zone Change Approval Criteria, and EC 9.3020 Criteria for Establish- ment of an S Special Area Zone. Ms. Levis arrived at 6:07 p.m. Mr. Kullby said that staff had received no additional written testimony in response to the public notice provided in accordance with Type IV application procedures subsequent to the November 15, 2004 Planning Commission meeting. Mr. Kullby stated that a letter from Terri Harding, Satre Associates, the applicant’s representative, had been distributed at the November 15, 2004 Planning Commission meeting. He said Ms. Harding had requested that the draft ordinance be modified to add an exemption to the paving standards of the Eugene Code to apply only in the case of “Specialty Retail” and “Specialty Food and Beverage”. Mr. Kullby said staff supported the request, given the 850 square foot maximum for “Specialty Food and Beverage” according to the existing ordinance. He added that any parking lot alterations would be subject to a historic alteration application. Mr. Kullby added that the gravel lot was more historically appropriate for the site than a paved parking area, as assessed by Ken Guzowski, the City’s historic preservation planner. Mr. Kullby noted there was a site plan on page 44 of the application that illustrated the existence of a 50 foot Douglas Fir that would suffer root damage if the parking lot was paved. He noted that this particular landscape feature had been called out in the city landmark designation. Addressing the public, Mr. Lawless said that testimony, arguments and evidence presented must be directed towards the approval criteria or other criteria in the plan that the speaker believed should apply to the decision. He added that failure to raise an issue with sufficient specificity to allow the Planning Commission and parties to respond would preclude appeal on that issue. Terri Harding, Satre Associates, 132 East Broadway, Suite 536, stated that she represented the owner of the subject property. Ms. Harding stated that 850 square feet of “Specialty Food and Beverage” was an appropriate use for the site. She added that the gravel parking lot had sufficient room for vehicles to turn around. Mr. Lawless closed the public hearing. Mr. Lawless asked for staff response to the testimony. There was none. Mr. Lawless asked for rebuttal testimony. There was none. Mr. Lawless asked for questions from the Planning Commission. There were none. MINUTES – Eugene Planning Commission November 16, 2004 Page 2 Public Hearing Mr. Lawless closed the record. Ms. Colbath, moved, seconded by Ms. Levis , (1) to forward a recom- mendation to the City Council in support of the proposed land use ac- tions to establish a S-HJM Historic Johansen-Moody Special Area zone; to apply the zone to the Johansen-Moody House, 370 River Road; and to amend Eugene Code, Section 9.8865 to include a reference to the special area zone siting requirements for S-H Historic Special Area zones; (2) to direct staff to revise the draft ordinance adopting these land use actions with the following modification for City Council consideration: (a) To add an exemption to the Eugene Code Section 9.6420(6), Parking Sur- facing and Bumpers for only Specialty Retail, and Specialty Food and Beverage uses so as to allow the existing gravel parking area with seven parking spaces to be used in its present condition for such uses. The mo- tion carried unanimously, 5:0. Mr. Lawless adjourned the meeting at 6:15 p.m. (Recorded by Linda Henry) m:\2004\planning and development department\planning division\planning commission\pc041116ph.doc MINUTES – Eugene Planning Commission November 16, 2004 Page 3 Public Hearing