APPROVED 1/10/01



December 6, 2000

1:30 p.m.

Commissioners' Conference Room


Commissioner Peter Sorenson presided with Commissioners Bobby Green, Sr., Anna Morrison and Cindy Weeldreyer present.  Bill Dwyer was excused.  County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.




a. SECOND READING AND PUBLIC HEARING Ordinance PA 1155 Amending the Rural Comprehensive Plan to Redesignate Land from “Rural” to “Commercial”, Rezone that Land from “RR-5/Rural Residential” to “CR/Rural Commercial”; and Adopting Savings and Severability Clauses (File PA 98-5302; Pinnell).


Jerry Kendall, Land Management, explained it was a plan amendment zone change for property west of the Fern Ridge Market at the intersections of Clear Lake, Snyder and Alvadore Roads.  He noted that the property came to be available as a result of a realignment of Clear Lake Road in 1995.  He said that Pinnell bought it to expand the market, moving it west because the County road alignment had changed his setback. 


Kendall noted the planning commission reviewed this and reached the decision in June 2000 for recommendation of approval with a site review.  He said there were no resource goal exceptions required as it was already developed and committed property. He noted that during the review of this application, one of the primary concerns was meeting the transportation rule.  He said Land Management staff is satisfied that the rezone would not have a significant affect on the transportation system and so the transportation rule is satisfied.  He said he received letters both in support and opposition.  He said the primary concerns of the people opposed were about traffic and the uses potentially allowed in the rural commercial zone.  He noted several letters were received in support of the request and it seemed to be the highest and best use.  He said staff thinks the proposal is satisfactory and meets the requirements and they recommended approval with the site review suffix.


Lloyd Holtcamp, Public Works, noted that Lane County did the work and the roadway was moved farther from the existing store.  He said they went through the Goal 12 exercise to determine what affect it had on performance standards. He said there was not a critical impact with the plan amendment.


Sorenson recalled that this decision was subject to plan amendment and rezoning criteria cited in the agenda cover memorandum and attachments and evidence and testimony must be directed toward the approval criteria.  He said that failure to raise an issue to enable a response may preclude appeal to the Lane Use Board of Appeals.  He announced the opportunity to enter into the record only the persons who qualify and only as a party may appeal a Board decision to LUBA.


Sorenson called for any ex-parte witnesses.


There were no ex-parte contacts. 


Commissioner Sorenson opened up the Public Hearing.


Eban Fodor, stated he was a land use planner representing Thomas Pinnell, 394 E. 32nd, Eugene.  He said the Fern Ridge Market had been operating in its current location since 1937.  He said that Pinnell had owned and operated this store since 1989 and it serves the local community and recreational users for the Fern Ridge area.  He said in 1994 the County realigned the road to eliminate a sharp turn in front of the market.  He said a lot was created and it was enclosed on three sides by roads and by Pinnell’s store which is zoned rural commercial  He said the road is located now 200 feet farther from Pinnell’s store than it was before so access and visibility are more difficult. He said they want it zoned  rural commercial, for providing goods and services that are needed by rural residents.  He added the zone change will enable better service to the local community and will enhance an existing commercial use.  He said there were no negative impacts on the adjacent landowners in Lane County.  He recommended going ahead with the planning revision.  He added they were not proposing any development.


Green asked how his applicant would address compliance issues they have.


Fodor responded he didn’t know there was a compliance issue until today.  He said a letter was sent on Monday to Pinnell stating there was a compliance issue with one of his signs.  He said Pinnell was ready to bring the sign into compliance.


Thomas J. Shea, 25259 Lawrence Road, Junction City,  said he had lived in their area for 22 years and is close to the store.  He said the store is competitively priced and it is well run.  He said that Pinnell is a benefit to the community and the proposal should go forward.


Joann Shea, 25259 Lawrence Road, Junction City, stated it was important for the store to have more room to make a better business.  She was in favor of it.


Ob Aasland, 2859 Manor Drive, Springfield, commented that he had known Pinnell for years and is a friend.  He said the store had prospered and was outgrowing its facilities.  He approved of what was being done and said that it would be a good thing for everyone concerned.


Contony Carter, 1905 Port Street, Eugene, was a friend of Pinnell’s and said he should be allowed to go farther with the property.


Annette Pinnell, 3370 Gardena Way, Eugene, was in favor of the rezoning as every time it rains, the parking lot turns into a mud hole and they need to refurbish the store.


Judy Schmerber, 26262 Fern Ridge, Junction City, was in favor of the rezoning of the one acre parcel.


Burdette Anderson, 1903 Port Street, Eugene, said he knew Pinnell.  He was in favor of the parcel being rezoned.


Morrison asked if the land would be used for a used car lot.


Pinnell responded if he got the zoning he would contact a landscape architect to determine what size store would fit on his property.


Sorenson asked if they approved this what would the site review suffix do.


Kendall stated if the Board was concerned with alleged violations in the file like an used car lot, it would not be allowed in the rural commercial zone.  He said if the Board wanted to be certain that none of that would occur, they could modify the ordinance to include that.


Holtcamp noted during the planning commission hearings, they maintained that the access should come off of Snyder Road and the existing access be closed.  He added it was a concern mentioned by one of the planning commissioners.


Toshiko Wilson, 10 Lake View Road, stated she had been in the same business as Pinnell.  She noted that Pinnell was always improving things.  She supported this.


Nick Rauch, 875 County Club Road, attorney for Rog Powar, stated Powar was concerned about the uses that would be made with that site with the rezoning.  He said Powar is concerned that  Pinnell would put in a gas station and it would hurt Powar.  He recommended adding another condition that would not allow another gas station in the area.


Charles Henderson, 27460 Synder Road, Junction City, stated he lives adjacent to the store.  He objected to rezoning for a number of reasons.  He said if this becomes commercial that his property value will go down.


Cynthia Potterf, 27286 Orchard Road, Junction City, said if granted the change that Pinnell would build a service station.  She said it is directly upstream from her property on the water table.  She was concerned about gasoline additives leaking into her water supply.  She noted that it would lower  the value all of the properties surrounding it.


Kendall responded that a site review is not oriented for forbidding a use.  He said the Board could eliminate a used car lot as that is not allowed in the zone and that could be enforced, but a service station is a permitted use but it would be subject to site review.  He added if the Board wished to have the modification to forbid new or used cars being sold, he could modify the ordinance and come back for final action the first Board meeting in January.


Fodor  said the competition issue is not part of the decision criteria.  He said they would be using a traffic engineer who will work with the County to make sure they have a safe proposal.  He said that Pinnell would find out about adding restricting car sales.


There being no one else signed up, Commissioner Sorenson closed the Public Hearing.


MOTION: to adopt and approve Ordinance PA 1155 with site review suffix and additional item regarding the used car lot.


Morrison MOVED, Weeldreyer SECONDED.


Kendall proposed  Number 2 for the ordinance:  “Testimony has been received concerning alleged past sales and storage of vehicles at the market site.  The Board finds this use not appropriate in the CR zone and that such use at any volume is not sanctioned on the subject property under this approval.”


Wilson noted that Kendall reading that into the record constitutes a reading today and there would be a Third Reading in January, completing the process.  She added at present a gas or service station is permitted use in the zone.  She said if a service station were to go in,  those  concerns would be addressed in the site review as to what measures had been taking place.


MOTION: for a tentative approval of Ordinance PA 1155 and setting a Third Reading and Deliberation on January 3, 2001.


Morrison MOVED, Weeldreyer SECONDED.


VOTE: 4-0.


b. PUBLIC HEARING AND ORDER 00-12-6-7/In the Matter of Receiving Comments from the Public About Community Development Needs, Proposed Projects to Meet These Needs, and Lane County's Performance of Community Development Block Grant (CDBG) Projects and Authorize an Application for Funding.


Peter Thurston, Economic Development, reported it was an annual public hearing process for the community development block grants.  He noted the purpose of the hearing was to receive comment from the public regarding past and current projects that the community development block grant may address.  He said it provides funding in the County for low-income families and community needs.


Commissioner Sorenson opened up the Public Hearing. 


Marie Bell, 1262 Calvin Street, Eugene, reported she does volunteer work at the Child Advocacy Center and was in favor of using community block grant money for the development of a new building for the Child Advocacy Center.  She said it is a place where children are cared for and love to go.  She said they are short on space and urged the Board to accept the proposal so they could go for a larger building.


Ray Broderick,  2560 Frontier, Eugene, Director, Land County Child Advocacy Center,  concurred with Marie Bell.  He encouraged the Board to support the block grant funds.


Dave Poppy,  2560 Frontier, Eugene, reported that the Child Advocacy Center was a great place for treating children and the County is well served by the program. He noted that they are helping more kids and families and the needs have increased.  He hoped the Board would consider adding more funds for early intervention.


Lt. Ken Hancock, Junction City Police Department, stated that Child Advocacy Center was the best way to handle children.   He said business is booming and SCF referrals were coming in and they are overwhelmed.  He said without more room, it would be very difficult to meet with the children. He submitted a letter from Mike Cahill for the record.


Sorenson submitted District Attorney Doug Harcleroad’s letter as part of the record.


There being no one else further signed up to speak, Commissioner Sorenson closed the Public Hearing.


Thurston noted the District Attorney and others in the community had been working with Bill Seider and had evaluated the cost of the site.   He added it is County land and the current advocacy center is owned by Lane County managed through the District Attorney.  He noted it was a non-profit entity that would continue to be fully owned by Lane County as a matter of ongoing best practice.


Van Vactor noted that he raised the relationship between Lane County and the non-profit board and an agreement between the two entities was needed.


MOTION:  to approve ORDER 00-12-6-7.


Weeldreyer MOVED, Morrison SECONDED.


VOTE: 4-0.


Weeldreyer reported that she had the opportunity to work with the Child Advocacy Center and they were very crowded.  She supported their efforts.


There being no further business, Commissioner Sorenson recessed the meeting to Executive Session at 5:05 p.m.                                                                                                                                                                                              

Melissa Zimmer

Recording Secretary

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