BEFORE THE CITY OF EUGENE <br />HEARINGS OFFICIAL <br />APPEAL OF "APPROVAL OF A <br />MODIFICATION TO AN APPROVED <br />SITE REVIEW FOR WINCO <br />(MDA 20-5)" <br />1. APPLICATION HISTORY. <br />WINCO FOODS, LLC'S RESPONSE TO <br />APPELLANTS' STATEMENTS OF ALLEGED <br />ERRORS <br />In 2019, WinCo Foods, LLC ("WinCo"), entered into a long-term lease to open a <br />new store in the existing retail building on the property at 2815 Chad Drive, Eugene, Oregon <br />(the "Property"). This site is part of an approximately 15-acre shopping center located off <br />Coburg Road, just north of the Beltline Highway, that already includes the large retail stores <br />PetSmart, Office Depot, and Video Only, as well as several other businesses.' <br />The City of Eugene (the "City") correctly determined that the opening of the store <br />does not require land use review because a "supermarket" is an outright allowed use in the <br />Property's C-2 zoning and the conversion from the previous department store is not a change in <br />use because both are in the same use category, "general merchandise." Without a need for <br />approval of the use or a change in use, the opening of the store cannot be considered <br />"development," and thus, the new store does not require City approval. <br />1 Further information and pictures of the Property are set forth in Exhibit I <br />Page I - WinCo Foods, LLC's Response to Appellants' Statements of Alleged Errors <br />MILLER NASH GRAHAM & DUNN LLP <br />ATTORNEYS AT LAW 4816-6071-2143.6 <br />TELEPHONE: 503.224.5858 <br />3400 U.S. BANCORP TOR'ER <br />I11 S.W FIFTH AVENUE <br />P ORTLAND. OREGON 97204 <br />