A site review modification, regardless of the scope, is not allowed until all facets <br />of the Property are reexamined for and in compliance with the 1988 plan <br />specifications, 1988 code standards, and 2020 code standards. <br />As described below, the advancement of these tangential opposition arguments <br />has led to a written record of substantive comments that is larger than what would be expected <br />for the narrow, limited land use Application. <br />First, appellants submitted comments setting forth several arguments prior to and <br />after public notice of the Application, including those identified above. WinCo submitted a <br />response on June 26, 2020 (Exhibit 6). This letter demonstrated: (1) the irrelevant nature of the <br />appellants' arguments because they were outside the narrow scope of the Application, which <br />does not relate to the opening of the store or the vast majority of the remodel work, (2) that a site <br />review overlay or existing site plans do not control the allowed uses of a site, (3) there is no <br />support for the appellant's claim that the 1988 Plans barred the use of the Property for a <br />supermarket, (4) the City's nonconforming use code is irrelevant to WinCo's project because a <br />supermarket is an outright allowed use in the Property's zoning, and (5) there is no code <br />provision or condition requiring WinCo to make off-site traffic changes as part of the <br />Application. <br />At the close of the record, on June 26, 2020, appellants submitted additional <br />comments that included several new theories. In order to respond to these contentions, WinCo <br />paused the City's review of the Application. On August 3, 2020, WinCo submitted its second <br />response to public comments (Exhibit 7), which established that: (1) the 1988 Plans provided for <br />WinCo delivery trucks to use the access lane to Crescent Avenue for both ingress/egress and <br />truck maneuvering, (2) a modification of the adjacent property's site review plans was not <br />Page 5 - 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 />