Hearings Official Public Hearings

AGENDA Meeting Location: Phone: 541-682-5377 Sloat Room -- Atrium Building www.eugene-or.gov/hearingsofficial 99 West 10th Avenue The Eugene Hearings Official welcomes your interest in these agenda items. Feel free to come and go as you please at any of the meetings. This meeting location is wheelchair-accessible. For the hearing impaired, FM assistive-listening devices are available or an interpreter can be provided with 48 hours notice. To arrange for these services, contact the Planning Division at (541)682-5481. WEDNESDAY, JANUARY 14, 2015 (5:00 p.m.) I. PUBLIC HEARING Wiechert, Bruce--Barger (Z 14-6) Assessors Map: 17-04-20-12 Tax Lot: 100, 200 Location: South of Barger Drive, east of Cedar Brook Drive Request: Zone change from AG Agricultural to R-1 Low Density Residential Applicant: Bruce Wiechert Custom Homes Applicant’s Representative: Anthony Favreau, The Favreau Group Lead City Staff: Gabe Flock, Senior Planner Telephone: (541) 682-5697 E-mail: gabriel.flock@ci.eugene.or.us II. PUBLIC HEARING Olson, William and Jana (Z 14-8) Assessors Map: 17-04-11-11 Tax Lot: 8500 Location: 348 River Loop 1; on the east side of River Loop 1, north of Grizzly Avenue Request: Zone change from AG Agricultural to R-1 Low Density Residential Applicant: William and Jana Olson Applicant’s Representative: William Randall, Arbor South Architecture Lead City Staff: Gabe Flock, Senior Planner Telephone: (541) 682-5697 E-mail: gabriel.flock@ci.eugene.or.us III. PUBLIC HEARING MWIC Eugene LLC (Z 14-9) Assessors Map: 17-03-08-44 Tax Lot: 6100, 6101, 9200 Location: 3150 County Farm Road and the southern portion of 3120 County Farm Road Request: Zone change from R-2/SR Medium Density Residential with Site Review overlay to R-2 Medium Density Residential Applicant: MWIC Eugene LLC Applicant’s Representative: Bill Kloos, Law Office of Bill Kloos Lead City Staff: Gabe Flock, Senior Planner Telephone: (541) 682-5697 E-mail: gabriel.flock@ci.eugene.or.us IV. PUBLIC HEARING HACSA - Oak Patch Road (Z 14-10) Assessors Map: 17-04-35-43 Tax Lot: 600, 601 Location: 1420 and 1430 Oak Patch Road Request: Zone change from R-2/PD Medium Density Residential with Planned Unit Development overlay to R-2 Medium Density Residential Applicant: Housing and Community Services Agency (HACSA) Applicant’s Representative: Colin McArthur, Cameron McCarthy Lead City Staff: Gabe Flock, Senior Planner Telephone: (541) 682-5697 E-mail: gabriel.flock@ci.eugene.or.us Public Hearing Format: 1. Staff introduction/presentation. 2. Public testimony from applicant and others in support of application. 3. Comments or questions from neutral parties. 4. Testimony from opponents. 5. Staff response to testimony. 6. Questions from Hearings Official. 7. Rebuttal testimony from applicant. 8. Closing of public hearing. The Hearings Official will not make a decision at this hearing. The Eugene Code requires that a written decision must be made within 15 days of close of the public comment period. To be notified of the Hearings Official’s decision, fill out a request form at the public hearing or contact the lead City staff as noted above. The decision will also be posted at www.eugene- or.us/hearingsofficial.  Atrium Building, 99 West 10th Avenue Eugene, Oregon 97401 Phone: 541-682-5377 Fax: 541-682-5572 www.eugene-or.gov/planning ZONE CHANGE STAFF REPORT WIECHERT, BRUCE--BARGER (Z 14-6) Applicant/File Name (Numbers): Wiechert, Bruce--Barger (Z 14-6) Applicant’s Representative: Anthony Favreau, The Favreau Group, (541) 683-7048 Applicant’s Request: To rezone the subject property from AG/CAS, Agricultural with Community Airport Safety overlay to R-1/CAS, Low-Density Residential with Community Airport Safety overlay Subject Property/Location: South of Barger Drive and east of Cedar Brook Drive (approximately 9.77 acres); Tax Lots 100 & 200 of Assessor’s Map 17-04-20-12 Relevant Dates: Application submitted on August 11, 2014; application deemed complete on September 19, 2014; public hearing scheduled for January 14, 2015 Lead City Staff: Gabe Flock, Senior Planner, Eugene Planning Division, (541) 682-5697 ______________________________________________________________________________ Background and Present Request The present request is to rezone the subject property from AG/CAS Agricultural with Community Airport Safety overlay to R-1/CAS Low-Density Residential, keeping the Community Airport Safety overlay. The subject property consists of two parcels (approximately 9.77 acres) located on the south side of Barger Road, east of Cedar Brook Drive. The property is currently vacant with the exception of a small shed on Tax Lot 200. Until recently, the subject property was an island of unincorporated area. On October 13, 2014, the City Council approved the property owner’s request to annex the subject property (City file: A 14-5). The existing agricultural zoning is a remnant of the property’s former status of being outside City limits. The requested low-density residential zoning will bring the property into conformance with the City’s adopted plans, as discussed in the following evaluation. The Wiechert, Bruce--Barger (Z 14-6) January 2015 1 surrounding area is already zoned low-density residential and is predominately developed with single-family subdivisions. The Community Airport Safety overlay applies to the vicinity due to the location of the Eugene Airport, further to the northwest. The Eugene Code (EC) requires City staff to prepare a written report concerning the subject land use application. In accordance with the Type III land use application procedures at EC 9.7320, the staff report is made available seven days prior to the public hearing, to allow citizens an opportunity to review the staff analysis of the application. The staff report provides only preliminary information and recommendations. The Hearings Official will consider additional public testimony and other materials presented at the public hearing before making a decision on the application. Pursuant to EC 9.7330, the Hearings Official’s written decision on the application is made within 15 days from the close of the public record, following the public hearing. The quasi-judicial hearing procedures applicable to this request are described at EC 9.7065 through EC 9.7095. Referrals/Public Notice This zone change application was deemed complete on September 19, 2014. On November 20, 2014, staff provided information concerning the application to other appropriate City departments, the Oregon Department of Transportation (ODOT), public agencies, and the affected neighborhood group (Active Bethel Citizens). On December 3, 2014, staff also mailed notice of the proposed zone change to the Oregon Department of Land Conservation and Development (DLCD). On December 15, 2014, staff also mailed public notice of the proposed zone change and the hearing date to owners and occupants within 500 feet of the subject property. Staff Analysis The Eugene Code, EC 9.7330 and 9.8865, require the Hearings Official to review an application for a zone change and consider pertinent evidence and testimony as to whether the proposed change is consistent with the criteria required for approval, shown below in bold. EC 9.8865(1): The proposed zone change is consistent with applicable provisions of the Metro Plan. The written text of the Metro Plan shall take precedence over the Metro Plan diagram where apparent conflicts or inconsistencies exist. The proposed zone change is from AG Agricultural to R-1 Low-Density Residential, with the retention of the existing /CAS Commercial Airport Safety overlay. The subject property is clearly in an area designated for low-density residential uses on the Metro Plan diagram. The property is currently zoned AG Agricultural, which is inconsistent with the plan designation. The requested zone change to R-1 Low-Density Residential will bring the property into compliance with the plan designation. In regards to Metro Plan policies, the following appears to be relevant: A.2 Residentially designated land within the UGB should be zoned consistent with the Metro Plan and applicable plans and policies; however, existing agricultural Wiechert, Bruce--Barger (Z 14-6) January 2015 2  zoning may be continued within the area between the city limits and the UGB until rezoned for urban uses. Although the policy does not read as a mandatory approval criterion for the zone change, the applicant’s requested zoning fulfills this policy. Based on the above findings, the proposed zone change is consistent with applicable provisions of the Metro Plan. EC 9.8865(2): The proposed change is consistent with applicable adopted refinement plans. In the event of inconsistencies between these plans and the Metro Plan, the Metro Plan controls. The Bethel-Danebo Refinement Plan is the adopted refinement plan applicable to this request, which designates the subject property for low-density residential uses, consistent with the proposed zone change. None of the plan policies appear to apply to the subject request; none read as mandatory approval criteria. Based on these findings, this criterion is met. EC 9.8865(3): The uses and density that will be allowed by the proposed zoning in the location of the proposed change can be served through the orderly extension of key urban facilities and services. Key urban facilities and services were evaluated as part of the recent annexation of the subject property, which confirmed that wastewater, stormwater, streets, solid waste, water and electric, public safety, parks and recreation, planning and development services, communications, and public schools could be provided in an orderly efficient and timely manner. Exhibit C of the City Council Resolution approving the annexation is included in the application file for detailed findings about urban facilities and services. Based on these findings, the uses and densities that will be allowed in the proposed R-1 zone can be served consistent with the above criterion. EC 9.8865(4): The proposed zone change is consistent with the applicable siting requirements set out for the specific zone in: (f) EC 9.2735 Residential Zone Siting Requirements. There are no discrete siting requirements for the requested R-1 zone at EC 9.2735 Residential Zone Siting Requirements. Based on these findings, the above criterion is met. EC 9.8865(5): In cases where the NR zone is applied based on EC 9.2510(3), the property owner shall enter into a contractual arrangement with the City to ensure the area is maintained as a natural resource area for a minimum of 50 years. The proposed zone change does not include the NR zone; this criterion does not apply. Wiechert, Bruce--Barger (Z 14-6) January 2015 3 Transportation Planning Rule: Staff finds that Goal 12 Transportation of the Statewide Planning Goals, adopted by the Land Conservation and Development Commission (DLCD), must be specifically addressed as part of the requested zone change and in the context of Oregon Administrative Rules (OAR), as follows. As adopted, OAR 660-012-0060(1) states: (1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation (including a zoning map) would significantly affect an existing or planned transportation facility, then the local government must put in place measures as provided in section (2) of this rule, unless the amendment is allowed under section (3),(9), or (10) of this rule. Staff finds that the subject zone change is governed by subsection (9), which reads as follows: (9) Notwithstanding section (1) of this rule, a local government may find that an amendment to a zoning map does not significantly affect an existing or planned transportation facility if all of the following requirements are met. (a) The proposed zoning is consistent with the existing comprehensive plan map designation and the amendment does not change the plan map: (b) The local government has an acknowledged TSP and the proposed zoning is consistent with the TSP; and (c) The area subject to the amendment was not exempted from this rule at the time of an urban growth boundary amendment as permitted in OAR 660- 024-220(1)(d), or the area was exempted from this rule but the local government has a subsequently acknowledged TSP amendment that accounted for urbanization of the area. Staff confirms that the proposed R-1 zoning for the property is consistent with the existing comprehensive plan designation as Low-Density Residential, and that this designation was in effect at the time the acknowledged TSP was adopted (TransPlan 2002). When TransPlan was adopted, the subject property was designated Low-Density Residential and has remained unchanged. The subject property was not exempted from the TPR at the time of an urban growth boundary agreement. Thus, OAR 660-012-0060(9) is satisfied. Based on these findings, the proposed zone change does not significantly affect a transportation facility for purposes of the TPR and therefore complies with the TPR. Staff Recommendation Based on the available evidence, and consistent with the preceding findings, staff recommends the Hearings Official approve the requested zone change to R-1 Low-Density Residential, and keeping the /CAS Commercial Airport Safety Overlay. Wiechert, Bruce--Barger (Z 14-6) January 2015 4 Consistent with EC 9.7330, unless the applicant agrees to a longer time period, within 15 days following close of the public record, the Eugene Hearings Official shall approve, approve with conditions, or deny this application. The decision shall be based upon and be accompanied by findings that explain the criteria and standards considered relevant to the decision, stating the facts relied upon in rendering a decision and explaining the justification for the decision based upon the criteria, standards, and facts set forth. Notice of the written decision will be mailed in accordance with EC 9.7335. Within 12 days of the date the decision is mailed, it may be appealed to the Eugene Planning Commission as set forth in EC 9.7650 through EC 9.7685. Attachments A vicinity map is attached. The entire application file is available for review at the Eugene Planning Division offices. The Hearings Official will receive a full set of application materials for review prior to the public hearing. These materials will also be made available for review at the public hearing. For More Information: Please contact Gabe Flock, Senior Planner, City of Eugene Planning Division, at: (541) 682-5697; or by e-mail, at: gabriel.flock@ci.eugene.or.us Wiechert, Bruce--Barger (Z 14-6) January 2015 5  Wiechert (Z 14-6) WISCONSIN ST MIN NESOTA ST DAKOTA ST ALDABRA ST BARGER DR TRADITION ALY TRIBUTE WAY ENCHANTMENT DR CEDAR BROOK DR GLENN ELLEN DR EDNA WAY Area of Request EDNA WAY HEITZMAN WAY EXCALIBER LN R-1 AG HEATH DR PRASLIN ST DR CLUB KING ARTHUR CT LANCELOT WAY MERLIN WAY ´ CHARLES WAY Caution: This map is based on imprecise source data, subject to change, and for general reference only. Ft 0 80 160 320 December 03, 2014  Atrium Building, 99 West 10th Avenue Eugene, Oregon 97401 Phone: 541-682-5377 Fax: 541-682-5572 www.eugene-or.gov/planning ZONE CHANGE STAFF REPORT OLSON, WILLIAM AND JANA (Z 14-8) Applicant/File Name (Numbers): William and Jana Olson (Z 14-8) Applicant’s Representative: Bill Randall, Arbor South Architecture Applicant’s Request: To rezone the subject property from AG Agricultural to R-1 Single-Family Residential Subject PropertyLocation: Located at 348 River Loop 1, on the east side of River Loop 1, north of Grizzly Avenue; Tax Lot 8500 of Assessor’s Map 17-04-11-11 (approximately 0.64 acre; 27,878 square feet) Relevant Dates: Application submitted on October 14, 2014; application deemed complete on November 5, 2014; public hearing scheduled for January 14, 2015. Lead City Staff: Gabe Flock, Senior Planner, Eugene Planning Division, Phone: (541) 682-5697. Background and Present Request Annexation of the subject property was approved by the City Council on October 13, 2014 (City file A 14-4), based on positive findings that the property is within the urban growth boundary and contiguous to City limits, and that key urban services can be provided. The property is developed with a dwelling, which is already connected to the public wastewater system (as a result of the City installing a sewer system in the area to address groundwater contamination concerns associated with septic systems). River Loop 1 abuts the west boundary of the subject property, which provides access to the existing dwelling. The roadway has not been annexed and is under Lane County’s jurisdiction. The surroundings are primarily developed with single-family dwellings that were built in Lane County prior to being within Eugene’s urban growth boundary. Consequently, there is a Olson (Z 14-8) January 2015 1 patchwork of incorporated and unincorporated lands with either low-density residential or agricultural zonings. The present request is to rezone the subject property from AG Agricultural to R-1 Low-Density Residential. The current agricultural zoning is a remnant or placeholder until the property is ready for urban development. The recent annexation of the property was the first step in bring the property into conformance with the City’s plans for urban development of the area. The zone change will enable the property to be further divided, through a subsequent land division process. Adjacent lands to the north and west were recently annexed, rezoned, and subdivided, resulting in the creation of a public street extension along the northern boundary of the subject property. The subject property has the potential to be further divided and to contribute to the completion of the northerly street to urban standards. The Eugene Code (EC) requires City staff to prepare a written report concerning the subject land use applications. In accordance with the Type III land use application procedures at EC 9.7320, the staff report is made available seven days prior to the public hearing, to allow citizens an opportunity to review the staff analysis of the application. The staff report provides only preliminary information and recommendations. The Hearings Official will consider additional public testimony and other materials presented at the public hearing before making a decision on the application. Pursuant to EC 9.7330, the Hearings Official’s written decision on the application is made within 15 days from the close of the public record, following the public hearing. The quasi-judicial hearing procedures applicable to this request are described at EC 9.7065 through EC 9.7095. Referrals/Public Notice This zone change application was deemed complete on November 5, 2014. Staff mailed notice of the proposed zone change to the Oregon Department of Land Conservation and Development (DLCD) on December 3, 2014. Staff provided information concerning the application to other appropriate City departments, the Oregon Department of Transportation (ODOT), public agencies, and the affected neighborhood group (Santa Clara Community Organization) on December 4, 2014. On the same date, staff mailed public notice of the proposed zone change and the hearing date to owners and occupants within 500 feet of the subject property. Staff Analysis The Eugene Code, EC 9.7330 and 9.8865, requires the Hearings Official to review an application for a zone change and consider pertinent evidence and testimony as to whether the proposed change is consistent with the criteria required for approval, shown below in bold typeface. EC 9.8865(1): The proposed zone change is consistent with applicable provisions of the Metro Plan. The written text of the Metro Plan shall take precedence over the Metro Plan diagram where apparent conflicts or inconsistencies exist. Olson (Z 14-8) January 2015 2 The Metro Plan designates the subject property as Low-Density Residential. The requested zone change to R-1 Low-Density Residential will bring the property into compliance with the plan designation. In regards to Metro Plan policies, the following appears to be relevant. A.2 Residentially designated land within the UGB should be zoned consistent with the Metro Plan and applicable plans and policies; however existing agricultural zoning may be continued within the area between the city limits and the UGB until rezoned for urban uses. (Page III-A-5) Although this policy does not read as a mandatory approval criterion for the zone change, the applicant’s requested zoning fulfills this policy. Based on these findings, staff finds that the proposed zone change is consistent with applicable provisions of the Metro Plan. EC 9.8865(2): The proposed change is consistent with applicable adopted refinement plans. In the event of inconsistencies between these plans and the Metro Plan, the Metro Plan controls. The applicable adopted refinement plan for the area of the proposed zone change is the River Road/Santa Clara Urban Facilities Plan (RR/SC UFP). The RR/SC UFP designates the subject property as Low-Density Residential, consistent with the applicant’s requested R-1 zoning. The subject property is not located within a specific subarea of the RR/SC UFP. With regard to the general residential land use policies (beginning on page 2-14), none appear to read as mandatory approval criteria for the subject request. Of the policies that are relevant, the proposed zoning is consistent. 1.0 Recognize and maintain the predominately low-density residential character of the area consistent with the Metro Plan. The requested R-1 zone is consistent with the low-density residential character and Metro Plan designation of the surrounding area. There are no other policies within the RR/SC UFP that appear to be relevant. Based on these findings, the zone change is consistent with the applicable refinement plan. EC 9.8865(3): The uses and density that will be allowed by the proposed zoning in the location of the proposed change can be served through the orderly extension of key urban facilities and services. Key urban facilities and services are defined in the Metro Plan as: wastewater service, stormwater service, transportation, water service, fire and emergency medical services, police protection, City- wide parks and recreation programs, electric service, land use controls, communication facilities, and public schools on a district-wide basis (see Metro Plan page V-3). Referral comments, included in the application file, confirm that the uses and density that will be allowed by the proposed R-1 zone on the subject property can be serviced through the Olson (Z 14-8) January 2015 3 orderly extension of key urban facilities and services. Based on these findings, the above criterion is met. EC 9.8865(4): The proposed zone change is consistent with the applicable siting requirements set out for the specific zone in: There are no discrete siting requirements for the requested R-1 zone at EC 9.2735 Residential Zone Siting Requirements. Based on these findings, the above criterion is met. EC 9.8865(5): In cases where the NR zone is applied based on EC 9.2510(3), the property owner shall enter into a contractual arrangement with the City to ensure the area is maintained as a natural resource area for a minimum of 50 years. The proposed zone change does not include the NR zone; this criterion does not apply. Transportation Planning Rule: Staff finds that Goal 12 Transportation of the Statewide Planning Goals, adopted by the Land Conservation and Development Commission (DLCD), must be specifically addressed as part of the requested zone change and in the context of Oregon Administrative Rules, as follows. As adopted, OAR 660-012-0060(1) states: (1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation (including a zoning map) would significantly affect an existing or planned transportation facility, then the local government must put in place measures as provided in section (2) of this rule, unless the amendment is allowed under section (3),(9), or (10) of this rule. Staff finds that the subject zone change is governed by subsection (9), which reads as follows: (9) Notwithstanding section (1) of this rule, a local government may find that an amendment to a zoning map does not significantly affect an existing or planned transportation facility if all of the following requirements are met. (a) The proposed zoning is consistent with the existing comprehensive plan map designation and the amendment does not change the plan map: (b) The local government has an acknowledged TSP and the proposed zoning is consistent with the TSP; and (c) The area subject to the amendment was not exempted from this rule at the time of an urban growth boundary amendment as permitted in OAR 660- 024-220(1)(d), or the area was exempted from this rule but the local Olson (Z 14-8) January 2015 4  government has a subsequently acknowledged TSP amendment that accounted for urbanization of the area. Staff confirms that the proposed R-1 zoning for the property is consistent with the existing comprehensive plan designation as Low-Density Residential, and that this designation was in effect at the time the acknowledged TSP was adopted (TransPlan 2002). When TransPlan was adopted in 2001, the subject property was designated Low-Density Residential and has remained unchanged. The subject property was not exempted from the TPR at the time of an urban growth boundary agreement. Thus, OAR 660-012-0060(9) is satisfied. Based on these findings, the proposed zone change does not significantly affect a transportation facility for purposes of the TPR and therefore complies with the TPR. Staff Recommendation Based on the available evidence, and consistent with the preceding findings, staff recommends the Hearings Official approve the requested zone change to R-1 Low-Density Residential. Consistent with EC 9.7330, unless the applicant agrees to a longer time period, within 15 days following close of the public record, the Eugene Hearings Official shall approve, approve with conditions, or deny this application. The decision shall be based upon and be accompanied by findings that explain the criteria and standards considered relevant to the decision, stating the facts relied upon in rendering a decision and explaining the justification for the decision based upon the criteria, standards, and facts set forth. Notice of the written decision will be mailed in accordance with EC 9.7335. Within 12 days of the date the decision is mailed, it may be appealed to the Eugene Planning Commission as set forth in EC 9.7650 through EC 9.7685. Attachments A vicinity map is attached. The entire application file is available for review at the Eugene Planning Division offices. The Hearings Official will receive a full set of application materials for review prior to the public hearing. These materials will also be made available for review at the public hearing. For More Information: Please contact Gabe Flock, Senior Planner, City of Eugene Planning Division, at: (541) 682-5697; or by e-mail, at: gabriel.flock@ci.eugene.or.us Olson (Z 14-8) January 2015 5  Olson (Z 14-8) HOLLYVIEW AVE R-1 RIVER LOOP 1 ROSEMARY AVE Area of Request WEDGEWOOD DR BANTON AVE GRIZZLY AVE AG DIBBLEE LN Caution: BANTON AVE ´ This map is based on imprecise source data, subject to change, and for general reference only. Ft 0 62.5 125 250 December 03, 2014  Atrium Building, 99 West 10th Avenue Eugene, Oregon 97401 Phone: 541-682-5377 Fax: 541-682-5572 www.eugene-or.gov/planning ZONE CHANGE STAFF REPORT MWIC EUGENE, LLC (Z 14-9) Applicant/File Name (Numbers): MWIC Eugene, LLC (Z 14-9) Applicant’s Representative: Bill Kloos, Law Office of Bill Kloos, PC Applicant’s Request: To rezone the subject property from R-2/SR Medium-Density Residential with Site Review overlay to R-2 Medium-Density Residential (to remove the /SR Overlay Subject Property/Location: 3120 and 3150 County Farm Road (approximately 0.91 acre); Tax Lots 6100, 6101, and a portion of 9200 of Assessor’s Map 17-03-08-44 Relevant Dates: Application submitted on October 23, 2014; application deemed complete on November 17, 2014; public hearing scheduled for January 14, 2015 Lead City Staff: Gabe Flock, Senior Planner, Eugene Planning Division, (541) 682-5697 ______________________________________________________________________________ Background and Present Request The applicant requests removal of the /SR Site Review Overlay from the subject property, which consists of two and one-half tax lots at the northwest corner of Lake View Drive and County Farm Road. The attached vicinity map shows that the tax lots involved in the subject request are not contiguous; however, that is because there is an island of unincorporated area that does not have the /SR Overlay (i.e. Tax Lot 6200 and the northern portion of Tax Lot 9200). The southern portion of Tax Lot 9200, directly abutting Lakeview Drive, is included in this request, which is developed with a single-family residence, addressed as 3120 County Farm Road. The northern portion of Tax Lot 9200 does not include the /SR Overlay and is not yet annexed. The applicant has submitted an annexation application (A 14-7) for the un- incorporated portion of Tax Lot 9200 and Tax Lot 6200, which is scheduled for City Council MWIC Eugene, LLC (Z 14-9) January 2015 1 action on February 23, 2015. The other two tax lots involved in the subject request (Tax Lots 6100 and 6101), to the north of Tax Lot 9200, physically function as a single-development site; as, according to the applicant, Tax Lot 6100 is used as the backyard for the residence (3150 County Farm Road) on Tax Lot 6101. The applicant states that the original policy that was the basis for imposing Site Review is no longer applicable and that there is no independent reason for Site Review to remain in place. The /SR Overlay was originally imposed in 1993 (Z 93-9) in order to implement the Willakenzie Area Plan, General Land Use Policy 8. This policy called for the /SR Overlay when medium- and high-density residential designations were directly abutting low-density residential use, which is discussed in greater detail in the following evaluation at approval criterion EC 9.8865(2). The Eugene Code (EC) requires City staff to prepare a written report concerning the subject land use application. In accordance with the Type III land use application procedures at EC 9.7320, the staff report is made available seven days prior to the public hearing, to allow citizens an opportunity to review the staff analysis of the application. The staff report provides only preliminary information and recommendations. The Hearings Official will consider additional public testimony and other materials presented at the public hearing before making a decision on the application. Pursuant to EC 9.7330, the Hearings Official’s written decision on the application is made within 15 days from the close of the public record, following the public hearing. The quasi-judicial hearing procedures applicable to this request are described at EC 9.7065 through EC 9.7095. Referrals/Public Notice This zone change application was deemed complete on November 17, 2014. On November 20, 2014, staff provided information concerning the application to other appropriate City departments, the Oregon Department of Transportation (ODOT), public agencies, and the affected neighborhood group (Northeast Neighbors). On December 3, 2014, staff mailed notice of the proposed zone change to the Oregon Department of Land Conservation and Development (DLCD). On December 15, 2015 staff also mailed public notice of the proposed zone change and the hearing date to owners and occupants within 500 feet of the subject property. Staff Analysis The Eugene Code, EC 9.7330 and 9.8865 require the Hearings Official to review an application for a zone change and consider pertinent evidence and testimony as to whether the proposed change is consistent with the criteria required for approval, shown below in bold. EC 9.8865(1): The proposed zone change is consistent with applicable provisions of the Metro Plan. The written text of the Metro Plan shall take precedence over the Metro Plan diagram where apparent conflicts or inconsistencies exist. The proposed zone change is to remove the /SR Site Review Overlay from the subject property, keeping the base zone of R-2 Medium-Density Residential. The property is designated for medium-density residential uses on the Metro Plan Diagram. There are no Metro Plan policies MWIC Eugene, LLC (Z 14-9) January 2015 2 that would dictate the /SR Overlay on this property or otherwise serve as mandatory approval criteria for this request. Based on these findings, this criterion is met. EC 9.8865(2): The proposed change is consistent with applicable adopted refinement plans. In the event of inconsistencies between these plans and the Metro Plan, the Metro Plan controls. The Willakenzie Area Plan (WAP) is the adopted refinement plan applicable to this request. The subject property is identified on the WAP Land Use Diagram for medium-density residential use, which is consistent with the existing and proposed R-2 Medium-Density Residential base zoning of the subject property. With regard to WAP policies, the following is relevant to the subject request, which is to remove the /SR Site Review Overlay: WAP General Land Use Policy 8: Promote compatibility between low-density residential land uses and medium- to high-density residential land uses. Proposed Action 8.1: Apply the site review /SR suffix to all parcels designated medium- or high-density residential which directly abut low-density residential land use. This policy was the basis for imposing the /SR Overlay to the subject property when it was rezoned from AG Agricultural to R-2 Medium-Density Residential (Z 93-9). At that time, there was abutting low-density residential land use. The subject property is now bordered by multiple-family development to the west and north and public streets to the east and south, County Farm Road and Lake View Drive, respectively. With regard to the island of unincorporated area that essentially bisects the area of request, the applicant has filed an annexation application for that area (the northern portion of Tax Lot 9200 and Tax Lot 6200), which is in the process of being scheduled for City Council approval (A 14-7). The applicant confirms that the “footprint” of the annexation application is distinct from and is not overlapping the “footprint” of the zone change application. The unincorporated area is zoned AG/UL, Agricultural and does not include the /SR Overlay. The applicant states that, ultimately, all four tax lots are intended to comprise a single development site. The critical factor here is that the unincorporated area is not developed with low-density residential land uses; it is vacant. As there are no directly-abutting low-density residential land uses, the policy basis (Policy 8, above) for the /SR Overlay no longer applies to the subject property. With regard to other relevant policies, the applicant addresses the following: WAP General Land Use Policy 5: Site review procedures or special development standards shall be considered for properties which abut or face on another, when the uses permitted on those properties are potentially incompatible. The subject property currently has the /SR Site Review Overlay, which would trigger Site Review “procedures” as part of a redevelopment request. With regard to “special development MWIC Eugene, LLC (Z 14-9) January 2015 3 standards” the City has adopted multi-family development standards, beginning at EC 9.5500, post adoption of the WAP. The above policy directs staff to “consider” whether Site Review is necessary to address compatibility. The term “consider” does not appear to read as a mandatory approval criterion. Nevertheless, staff is required to consider this policy and its relationship to the requested removal of the /SR Overlay. In doing so, staff summarizes two recent, relevant cases below. These recent cases provide some additional clarity as to the focus of the “consideration” being situational, and context-specific with regard to “potentially incompatible” uses. Benson (Z 13-2): This case was for a zone change from R-1 Low-Density Residential to R- 2 Medium-Density Residential. The subject property abutted low-density residential uses. Staff had recommended the /SR Overlay based on policy language of the WAP but the Hearings Official found that the policy direction was not mandatory and declined to apply the /SR Overlay. On appeal, the Planning Commission subsequently clarified that we cannot assume that the City’s adopted multi-development standards alone are sufficient address compatibility in all cases. The Planning Commission reversed the Hearings Official’s determination in that case and applied the /SR Overlay. The pertinent WAP policy was General Land Use Policy 8. Van Slyke (Z 14-5): This case involved a zone change from C-1 Neighborhood Commercial to GO General Office. Staff recommended the /SR Overlay based on similar policy direction in the WAP; as such, staff considered the Planning Commission’s decision in the Benson case for guidance as to whether the commercial development standards codified after the adoption of the WAP were sufficient, in place of the /SR Overlay. Staff interpreted the Benson case to mean that /SR was the best available tool to address compatibility and, therefore, recommended the /SR Overlay, which was imposed by the Hearings Official. On appeal, the Planning Commission subsequently confirmed that its decision on the Benson case was context-specific and had more to do with the abutting single-family uses. In this case, the Planning Commission observed that the requested GO zone was in an area virtually surrounded by lands designated for multiple-family and commercial uses; as such, they concluded that there was no compatibly issue and they removed the /SR Overlay. This case history further supports the applicant’s requested removal of the /SR Overlay because there are no adjacent lands in low-density residential use. This means that Policy 8 no longer applies, and there are no “potentially incompatible” uses to be concerned with under Policy 5. There are no other policies that would serve as mandatory approval criteria. Based on these findings, this criterion is met. EC 9.8865(3): The uses and density that will be allowed by the proposed zoning in the location of the proposed change can be served through the orderly extension of key urban facilities and services. MWIC Eugene, LLC (Z 14-9) January 2015 4 Notably, the subject request involves removal of the /SR Overlay which does not clearly correlate to this criterion, regarding uses and densities allowed by the zoning. Regardless, key urban facilities and services are available to the subject property, which abuts Lakeview Drive to the south and County Farm Road to the east. Any needed street improvements will be determined at the time of development. Public wastewater and stormwater services are available within Lakeview Drive. Stormwater treatment and any detention requirements will be determined at the time of development. No service concerns were identified by service providers. Based on these findings, this criterion is met. EC 9.8865(4): The proposed zone change is consistent with the applicable siting requirements set out for the specific zone in: (f) EC 9.2735 Residential Zone Siting Requirements. These requirements do not relate the requested removal of the /SR Overlay. The applicant proposes to keep the R-2 base zone, which complies with these requirements. To the extent this criterion applies, it is met. EC 9.8865(5): In cases where the NR zone is applied based on EC 9.2510(3), the property owner shall enter into a contractual arrangement with the City to ensure the area is maintained as a natural resource area for a minimum of 50 years. The proposed zone change does not include the NR zone; this criterion does not apply. Transportation Planning Rule: Staff finds that Goal 12 Transportation of the Statewide Planning Goals, adopted by the Land Conservation and Development Commission (DLCD), must be specifically addressed as part of the requested zone change and in the context of Oregon Administrative Rules (OAR), as follows. As adopted, OAR 660-012-0060(1) states: (1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation (including a zoning map) would significantly affect an existing or planned transportation facility, then the local government must put in place measures as provided in section (2) of this rule, unless the amendment is allowed under section (3),(9), or (10) of this rule. Staff finds that the subject zone change is governed by subsection (9), which reads as follows: (9) Notwithstanding section (1) of this rule, a local government may find that an amendment to a zoning map does not significantly affect an existing or planned transportation facility if all of the following requirements are met. (a) The proposed zoning is consistent with the existing comprehensive plan map designation and the amendment does not change the plan map: MWIC Eugene, LLC (Z 14-9) January 2015 5  (b) The local government has an acknowledged TSP and the proposed zoning is consistent with the TSP; and (c) The area subject to the amendment was not exempted from this rule at the time of an urban growth boundary amendment as permitted in OAR 660- 024-220(1)(d), or the area was exempted from this rule but the local government has a subsequently acknowledged TSP amendment that accounted for urbanization of the area. The requested removal of the /SR Overlay has no bearing on the City’s acknowledged TSP (TransPlan 2002). The existing and proposed base zoning of R-2 Medium-Density Residential is consistent with the existing comprehensive plan designation as Medium-Density Residential, and that this designation was in effect at the time the acknowledged TSP was adopted (TransPlan 2002). When TransPlan was adopted, the subject property was designated Medium- Density Residential and has remained unchanged. The subject property was not exempted from the TPR at the time of an urban growth boundary agreement. Thus, OAR 660-012-0060(9) is satisfied. Based on these findings, the proposed zone change does not significantly affect a transportation facility for purposes of the TPR and therefore complies with the TPR. Staff Recommendation Based on the available evidence, and consistent with the preceding findings, staff recommends the Hearings Official approve the requested removal of the /SR Overlay to R-2 Medium-Density Residential. Consistent with EC 9.7330, unless the applicant agrees to a longer time period, within 15 days following close of the public record, the Eugene Hearings Official shall approve, approve with conditions, or deny this application. The decision shall be based upon and be accompanied by findings that explain the criteria and standards considered relevant to the decision, stating the facts relied upon in rendering a decision and explaining the justification for the decision based upon the criteria, standards, and facts set forth. Notice of the written decision will be mailed in accordance with EC 9.7335. Within 12 days of the date the decision is mailed, it may be appealed to the Eugene Planning Commission as set forth in EC 9.7650 through EC 9.7685. Attachments A vicinity map is attached. The entire application file is available for review at the Eugene Planning Division offices. The Hearings Official will receive a full set of application materials for review prior to the public hearing. These materials will also be made available for review at the public hearing. For More Information: Please contact Gabe Flock, Senior Planner, City of Eugene Planning Division, at: (541) 682-5697; or by e-mail, at: gabriel.flock@ci.eugene.or.us MWIC Eugene, LLC (Z 14-9) January 2015 6  MWIC Eugene LLC (Z 14-9) DALE AVE AG DEVON AVE R-2 COUN TY FARM RD A A rr ee aa oo ff R-1 R R ee qq uu ee ss tt BELLE TERRA DR MATT DR MOUNTAIN TER RD PARK VIEW DR RG CO BU Caution: ´ This map is based on imprecise source data, subject to change, and for general reference only. Ft 0 75 150 300 December 03, 2014  Atrium Building, 99 West 10th Avenue Eugene, Oregon 97401 Phone: 541-682-5377 Fax: 541-682-5572 www.eugene-or.gov/planning ZONE CHANGE STAFF REPORT HACSA-- OAK PATCH ROAD (Z 14-10) Applicant/File Name (Numbers): Housing and Community Services Agency of Lane County (HACSA) -- Oak Patch Road (Z 14-10) Applicant’s Representative: Colin McArthur, AICP, Cameron McCarthy Applicant’s Request: To rezone the subject property from R-2/PD Medium Density Residential with Planned Unit Development Overlay to R-2 Medium Density Residential Subject Property/Location: 1420 & 1430 Oak Patch Road (approximately 1.48 acres); Tax Lots 600 & 601 of Assessor’s Map 17-04-35-43; See attached vicinity map. Relevant Dates: Application submitted on October 23, 2014; application deemed complete on November 13, 2014; public hearing scheduled for January 14, 2015 Lead City Staff: Gabe Flock, Senior Planner, Eugene Planning Division, (541) 682-5697 ______________________________________________________________________________ Background and Present Request The present request is to rezone the subject property, which consists of approximately 1.48 acres of land located at 1420 and 1430 Oak Patch Road from R-2/PD Medium Density Residential with Planned Unit Development to R-2 Medium Density Residential. The property is currently developed with one single-family home which is currently vacant. Both tax lots were annexed to Eugene in 1965. The current zoning of R-2/PD was applied to the properties in 1980 by a zone change from RA Suburban Residential to R-2/PD (City File No. Z 80- 9). The purpose of the zone change at that time was to allow for an approved higher-density use of the existing land, with the goal of qualifying for PUD or other City-approved development. In 2008, the property received tentative PUD approval for a three-phase 23-lot subdivision with private common open space and a private drive (City File No. PDT 08-2). This HACSA – Oak Patch Road (Z 14-10) January 2015 1 tentative approval has expired and is no longer effective. HACSA acquired the property in January 2014. No other land use decisions have been issued for the subject property. The property is located south of West 11th Avenue and north of West 18th Avenue between Bailey Hill Road and City View Street. The property is accessed from the west via West 14th Avenue and from the east via Oak Patch Road. The property is surrounded by property zoned R-2 and R-1. The property to the north is developed with a 10 building, 120-unit multi-family development. The property to the south is developed with 19 cottage-style affordable homes located on a 1.4 acre site. Other property to the south is developed with duplexes and single- family homes. The Eugene Code (EC) requires City staff to prepare a written report concerning the subject land use application. In accordance with the Type III land use application procedures at EC 9.7320, the staff report is made available seven days prior to the public hearing, to allow citizens an opportunity to review the staff analysis of the application. The staff report provides only preliminary information and recommendations. The Hearings Official will consider additional public testimony and other materials presented at the public hearing before making a decision on the application. Pursuant to EC 9.7330, the Hearings Official’s written decision on the application is made within 15 days from the close of the public record, following the public hearing. The quasi-judicial hearing procedures applicable to this request are described at EC 9.7065 through EC 9.7095. Referrals/Public Notice This zone change application was deemed complete on November 13, 2014. On November 20, 2014, staff provided information concerning the application to other appropriate City departments, the Oregon Department of Transportation (ODOT), public agencies, and the affected neighborhood group (Northeast Neighbors). On December 5, 2014, staff also mailed notice of the proposed zone change to the Oregon Department of Land Conservation and Development (DLCD). On December 15, 2014, staff mailed public notice of the proposed zone change and the hearing date to owners and occupants within 500 feet of the subject property. Staff Analysis The Eugene Code, EC 9.7330 and 9.8865 require the Hearings Official to review an application for a zone change and consider pertinent evidence and testimony as to whether the proposed change is consistent with the criteria required for approval, shown below in bold. EC 9.8865(1): The proposed zone change is consistent with applicable provisions of the Metro Plan. The written text of the Metro Plan shall take precedence over the Metro Plan diagram where apparent conflicts or inconsistencies exist. The applicant is proposing no change to the existing base zone of R-2 Medium-Density Residential, which is consistent with the Metro Plan designation for the subject property. The applicant requests removal of the /PD Planned Unit Development Overlay; there are no related Metro Plan policies. The applicant’s written statement responds to several Metro Plan polices, HACSA – Oak Patch Road (Z 14-10) January 2015 2 although staff finds that none appear to be mandatory approval criteria for the subject request. Based on these findings, this criterion is met. EC 9.8865(2): The proposed change is consistent with applicable adopted refinement plans. In the event of inconsistencies between these plans and the Metro Plan, the Metro Plan controls. The subject property is not within the boundaries of an applicable adopted refinement plan. Therefore, this criterion does not apply. EC 9.8865(3): The uses and density that will be allowed by the proposed zoning in the location of the proposed change can be served through the orderly extension of key urban facilities and services. Removal of the /PD overlay will not change the allowed uses and density of the R-2 zone. Nevertheless, key urban facilities and services are available to the subject property, as detailed on page 19 of the applicant’s written statement and confirmed by Public Works staff. This criterion is met. EC 9.8865(4): The proposed zone change is consistent with the applicable siting requirements set out for the specific zone in: (f) EC 9.2735 Residential Zone Siting Requirements. There are no applicable siting requirements for the requested removal of the /PD overlay. This criterion does not apply. EC 9.8865(5): In cases where the NR zone is applied based on EC 9.2510(3), the property owner shall enter into a contractual arrangement with the City to ensure the area is maintained as a natural resource area for a minimum of 50 years. The proposed zone change does not include the NR zone; this criterion does not apply. Transportation Planning Rule: Staff finds that Goal 12 Transportation of the Statewide Planning Goals, adopted by the Land Conservation and Development Commission (DLCD), must be specifically addressed as part of the requested zone change and in the context of Oregon Administrative Rules (OAR), as follows. As adopted, OAR 660-012-0060(1) states: (1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation (including a zoning map) would significantly affect an existing or planned transportation facility, then the local government must put in place measures as provided in section (2) of this rule, unless the amendment is allowed under section (3),(9), or (10) of this rule. HACSA – Oak Patch Road (Z 14-10) January 2015 3 Staff finds that the subject zone change is governed by subsection (9), which reads as follows: (9) Notwithstanding section (1) of this rule, a local government may find that an amendment to a zoning map does not significantly affect an existing or planned transportation facility if all of the following requirements are met. (a) The proposed zoning is consistent with the existing comprehensive plan map designation and the amendment does not change the plan map: (b) The local government has an acknowledged TSP and the proposed zoning is consistent with the TSP; and (c) The area subject to the amendment was not exempted from this rule at the time of an urban growth boundary amendment as permitted in OAR 660- 024-220(1)(d), or the area was exempted from this rule but the local government has a subsequently acknowledged TSP amendment that accounted for urbanization of the area. Staff confirms that the R-2 zoning of the property is consistent with the existing comprehensive plan designation as Medium-Density Residential, and that this designation was in effect at the time the acknowledged TSP was adopted (TransPlan 2002). When TransPlan was adopted, the subject property was designated Medium-Density Residential and has remained unchanged. The requested removal of the /PD overlay has no bearing on the TSP assumptions for the subject property. The subject property was not exempted from the TPR at the time of an urban growth boundary agreement. Thus, OAR 660-012-0060(9) is satisfied. Based on these findings, the proposed zone change does not significantly affect a transportation facility for purposes of the TPR and therefore complies with the TPR. Staff Recommendation Based on the available evidence, and consistent with the preceding findings, staff recommends the Hearings Official approve the requested removal of the /PD Planned Unit Development Overlay from the existing R-2 Medium-Density Residential zoning. Consistent with EC 9.7330, unless the applicant agrees to a longer time period, within 15 days following close of the public record, the Eugene Hearings Official shall approve, approve with conditions, or deny this application. The decision shall be based upon and be accompanied by findings that explain the criteria and standards considered relevant to the decision, stating the facts relied upon in rendering a decision and explaining the justification for the decision based upon the criteria, standards, and facts set forth. Notice of the written decision will be mailed in accordance with EC 9.7335. Within 12 days of the date the decision is mailed, it may be appealed to the Eugene Planning Commission as set forth in EC 9.7650 through EC 9.7685. HACSA – Oak Patch Road (Z 14-10) January 2015 4 Attachments A vicinity map is attached. The entire application file is available for review at the Eugene Planning Division offices. The Hearings Official will receive a full set of application materials for review prior to the public hearing. These materials will also be made available for review at the public hearing. For More Information: Please contact Gabe Flock, Senior Planner, City of Eugene Planning Division, at: (541) 682-5697; or by e-mail, at: gabriel.flock@ci.eugene.or.us HACSA – Oak Patch Road (Z 14-10) January 2015 5  HACSA (Z 14-10) NR C-2 OAK PATCH RD W 13TH PL W 14TH AVE R-1 Area of Request ACORN PARK ST R-2 PL W 15TH AVE FETTERS LP BUCK ST Caution: ´ This map is based on imprecise source data, subject to change, and for general reference only. Ft 0 75 150 300 December 03, 2014