Meeker Fanul37/Clemens Marnda <br />AIA 23-5/CA 23-3/509-PA23-05532 <br />March 2, 2024 2 <br />Not only are the proposed code provisions not justified by the currently adopted land <br />use regulations, they are not even consistent with the proposed Neighborhood Plan. I cannot find <br />any text in the proposed Neighborhood Plan that would remotely be adequate justification for <br />imposing these staff proposed code amendments. The justification seems to come from some <br />amorphous notion from staff that "the totality of the work from 2017 to current" "[vas] <br />expressed in community input"1. However, there is no documentation in the record that I am <br />aware to support this claim. <br />In any case, the ultimate policy decisions in the land use code should flow from the <br />City's long-range planning documents: the Metro Plan, the Envision Eugene Comprehensive Plan <br />and any applicable refinement plan. The proposed code amendments here are simply an <br />arbitrary expression of staff desires unsupported by an adequate factual basis. <br />II. The proposed code amendments are not valid land use regulations. <br />During the Planning Commission review of the proposed code amendments my client <br />provided a conceptual site plan, produced by Carol Schirmer. This conceptual site plan <br />illustrates how the proposed code amendments impose new and restrictive design standards <br />that would negatively affect my clients' business and make it difficult, if not impossible, to <br />expand its existing business. <br />As noted previously, the proposed code amendments to the C-2 zone, that would apply <br />only to the River Road and Santa Clara neighborhoods, will prohibit certain uses on my clients' <br />property that are currently permitted. If approved, this proposed code amendment -,will result <br />in the C-2 zoned portion of the Clemens Marina site becoming a nonconforming use. Making <br />a use a Nonconforming use is relegating the use to zoning purgatory. <br />Expansion of nonconforming uses is prohibited. Eugene Code 9.1220(3) states: "No <br />legal nonconforming use may be replaced by a different type of nonconforming use, nor may <br />any legal nonconforming use be expanded or intensified." Determining when a use is <br />expanded and/or intensified is an inherently subjective standard for which a typical business <br />owner may not be able to practically understand. Such code language severely curtails hiring <br />and investment in an existing business. Obtaining financing for business maintenance and <br />expansion is difficult, if not impossible. As such, the proposed code amendments to prohibit <br />boat and watercraft (RV and Motor Vehicle) sales and service are inconsistent with the Envision <br />Eugene Comprehensive Plan. <br />Metro Plan, I-5, states in relevant part: <br />' Page 9 of 21 of staff's November 14, 2023 agenda packet, page 3 of the November 1411, memo from Terri <br />Harding. <br />Office phone: (541) 225-8777 375 W. 4th Ave., Suite 205 <br />mreeder@oregonlanduse.com Eugene, Oregon 97401 26 <br />oregonlanduse.com <br />