Meeker Family Testimony <br />NIA 23-5/CA 23-3/509-PA23-05532 <br />October 17, 2023 <br />Marina has historically employed between 12 and 16 local full-time employees with above- <br />average wages or salaries. <br />The currently -adopted and acknowledged land use regulations that apply to my clients' <br />property permit RV/Boat & Watercraft/Motor Vehicle sales and service. (See EC Table <br />9.2160). Removing these uses from the C-2 zone puts the long-term viability of my clients' <br />business into question. <br />Adoption of the proposed C-2 Code Amendments is Impermissible <br />The proposed code amendments to C-2 will prohibit certain uses on my clients' <br />property that are currently permitted, including "Boat and Watercraft Sales/ Service". If <br />approved, this proposed code amendment will result in the C-2 zoned portion of the Clemens <br />Marina site becoming a nonconforming use. Making a use a Nonconforming use is relegating <br />the use to zoning purgatory. <br />Expansion of nonconforming uses is generally discouraged or outright prohibited. <br />Eugene Code 9.1220(3) states: "No legal nonconforming use may be replaced by a different <br />type of nonconforming use, nor may any legal nonconforming use be expanded or <br />intensified." Determining when a use is expanded and/or intensified is an inherently subjective <br />standard for which a typical business owner may not be able to practically understand. Such <br />code language severely curtails hiring and investment in an existing business. Obtaining <br />financing for business maintenance and expansion is difficult, if not impossible. As such, the <br />proposed code amendments to prohibit boat and watercraft (RV and Motor Vehicle) sales and <br />service are inconsistent with the Envision Eugene Comprehensive Plan. <br />The City does not have the legal authority to adopt such code amendments because <br />any code amendment must be consistent with the adopted comprehensive plans and Oregon's <br />state-wide planning goals.2 <br />Z See Metro Plan, I-5, which states in relevant part: <br />In all cases, the Metro Plan is the guiding document for regional comprehensive <br />land use planning and city -specific plans may be adopted for local <br />comprehensive land use planning. Refinement plans and policies must be <br />consistent with applicable provisions in the Metro Plan or the applicable local <br />comprehensive plan. (Emphasis mine). <br />Envision Eugene Comprehensive Plan, I-3, states in relevant part: <br />New land use policies and changes to the City's land use code and land use <br />plans must be consistent with the policies in the Envision Eugene <br />Comprehensive Plan. (Emphasis mine). <br />Office phone: (541) 225-8777( 375 W. 4th Ave., Suite 205 <br />mreeder@oregonlanduse.com Eugene, Oregon 97401 228 <br />oregonlanduse.com <br />