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, JUNE 10, 2015 (5:00 p.m.) I. PUBLIC HEARING Nelson, Karen (Z 15-2) Assessors Map: 18-04-01-22 Tax Lot: 9400 and 9500 Location: 2290 West 18th Avenue and 1809 City View Street Request: Zone change from R-1Low Density Residential to C-1 Neighborhood Commercial. Applicant: Karen Nelson Representative: Carol Schirmer, Schirmer Satre Group Lead City Staff: Erik Berg-Johansen, Assistant Planner Telephone: (541) 682-5437 E-mail:erik.berg@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 Applicant/File Name (Number): Nelson, Karen (Z 15-2) Applicant’s Representative: Carol Schirmer, Schirmer Satre Group; 541-686-4540 Ext. 1 Applicant’s Request: Rezone subject properties from R-1 Low-Density Residential to C-1 Neighborhood Commercial Subject Property: Tax Lots 9400 and 9500 of Assessor’s Map 18-04-01-22 Located at the SE corner of City View Street and 18th Avenue Relevant Dates: Application submitted on January 30, 2015; application deemed complete on April 29, 2015; public hearing scheduled for June 10, 2015. Lead City Staff: Erik Berg-Johansen, Assistant Planner, Eugene Planning Division, Phone: (541) 682-5437 Background and Present Request The present request is zone change approval for two parcels located within Eugene’s Far West Neighborhood. Tax Lot 9400 is located at the southeast corner of West 18th Avenue and City View Street; Tax Lot 9500 is an adjacent parcel to the south with frontage along City View Street. The applicant requests a zone change for both properties from the current Low-Density Residential (R-1) to a Neighborhood Commercial (C-1) zone. The combined area of both parcels is approximately 0.37 acre. As discussed in the following evaluation, the Metro Plan diagram does not identify specific locations suitable for the C-1, Neighborhood Commercial Zone. Instead, the Metro Plan provides that if applicable standards and criteria are met, neighborhood commercial uses might be appropriate within a variety of areas. Neighborhood Commercial zones are intended to support uses serving the day-to-day needs of nearby residents. The Eugene Code considers that appropriate neighborhood uses do not generate excessive noise, traffic, odors or other disturbances that might negatively impact residents. Examples of appropriate C-1 uses provided within the Metro Plan include convenience stores, small grocery markets, barber shops, medical/dental offices, laundromats, taverns, and restaurants. An example of a neighborhood commercial center in West Eugene Nelson, Karen (Z 15-2) June 2015 1 exists at the intersection of 18th Avenue and Pierce Street. Most notably, this center supports a laundromat, tanning salon, and Dari Mart store. It should also be noted that the adjacent parcel to the east of the subject site is currently zoned C-1, and is occupied by a convenience store and small restaurant. Approval of this zone change request would allow for the expansion of the existing neighborhood commercial center. While any allowable C-1 use could be realized on the subject site, the applicant has expressed intentions to implement a use that would be compatible with, and complimentary to the existing businesses mentioned above. Future development on the site will also be subject to the Commercial Zone development standards included in Eugene Code Section 9.2000, which are designed to increase neighborhood compatibility in mixed-zone areas. For example, the C-1 development standards restrict building height to a maximum of 35 feet, and also require greater building setbacks where commercial lot lines abut residentially zoned property. Staff also identified that a TPR analysis would be required as part of the application package. A TPR Analysis report completed by Access Engineering, LLC was submitted in response to the City’s completeness review, and is included in the application file for reference. Staff’s response to the TPR analysis is provided below, following the evaluation of the zone change approval criteria. 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 On April 30, 2015, staff provided information concerning the application to other appropriate City departments, the Oregon Department of Transportation (ODOT), public agencies, and the affected neighborhood group (Far West Neighbors). Referral comments were received from the Public Works Engineering Division in regards to the required Transportation Planning Rule (TPR) Analysis. A summary of the analysis and recommendation related to the TPR is included in this report; the complete TPR analysis is available in the application file for reference. Staff mailed notice of the proposed zone change to the Oregon Department of Land Conservation and Development (DLCD) on May 1, 2015. On May 7, 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. Written public testimony was received from Kwang and Sook Kim, owners of the adjacent Stop- N-Shop Market located at 2270 West 18th Avenue. They express concern that another Nelson, Karen (Z 15-2) June 2015 2 convenience store could potentially be built on the subject properties, and that it would bring unwelcome competition. They would prefer that the site support residential or office uses instead. Owners of the adjacent C-1 property, Jon Bae and Sun Ok Kim, express similar concerns regarding competition if a future convenience store were to exist on the subject properties. They also state concerns with vehicle access, and would prefer that a future structure on the subject site is built to the same setback as the existing Stop-N-Shop Market building. Hilary Anthony, a nearby neighbor, states that she supports neighborhood hubs and walkable amenities, but would prefer to see a locally owned business occupy the site instead of a national chain or franchise. No other public testimony or written comments were received. Zone Change Evaluation EC 9.7330 and EC 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 typeface. Staff’s findings in response each of the criteria are provided below, to assist the Hearings Official in making a decision on the zone change request. 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 Neighborhood Commercial land use category is not represented on the Metro Plan land use designation map (the subject property is actually designated as Low-Density Residential). Instead, the Metro Plan supports dispersal of Neighborhood Commercial zoning throughout the City’s residential neighborhoods. The Metro Plan gives the local jurisdiction (the City of Eugene) the ability to determine the appropriateness of C-1 zoning at specific sites. The Metro Plan also includes the following policies that generally promote Neighborhood Commercial zoning:  Policy A.22: Expand opportunities for a mix of uses in newly developing areas and existing neighborhoods through local zoning and development regulations.  Policy B.22: Review local ordinances and revise them to promote greater flexibility for promoting appropriate commercial development in residential neighborhoods.  Policy B.28: Recognize the vital role of neighborhood commercial facilities in providing services and goods to a particular neighborhood. Consistent with the policies above, the proposed zone change would expand and promote opportunities for commercial development in residential neighborhoods. Based on the general Metro Plan policies and guidance, C-1 zoning appears to be appropriate at the subject site so long as applicable location and siting standards are met. Nelson, Karen (Z 15-2) June 2015 3 The Metro Plan (page II-G-5) also outlines the following minimum location and siting criteria for neighborhood commercial facilities: 1. Within convenient walking or bicycling distance of an adequate support population. For a full-service neighborhood commercial center at the high end of the size criteria, an adequate support population would be about 4,000 persons (existing or anticipated) within an area conveniently accessible to the site. For smaller sites or more limited services, a smaller support population or service area may be sufficient. 2. Adequate area to accommodate off-street parking and loading needs and landscaping, particularly between the center and adjacent residential property, as well as along street frontages next door to outdoor parking areas. 3. Sufficient frontage to ensure safe and efficient automobile, pedestrian and bicycle access without conflict with moving traffic at intersections and along adjacent streets. 4. The site shall be no more than five acres, including existing commercial development. The exact size shall depend on the numbers of establishments associated with the center and the population to be served. The subject property is consistent with these requirements. More specifically, the subject property is located near an adequate support population (further discussed under EC 9.8865(4) below), and is large enough to support parking, vehicle loading, and sufficient landscaping as required by the development standards applicable in the C-1 zone. The property is no larger than five acres, and has frontage along two streets which will allow for a site design that provides safe and efficient access. Based on these findings, the 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. This criterion is not applicable, as the subject site is not located within the boundaries of any adopted refinement plan area. 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 from the Public Works Department, included in the application file, confirm Nelson, Karen (Z 15-2) June 2015 4 that the uses and density allowed by the C-1 zone on the subject property can be serviced through the orderly extension of key urban facilities and services. Based on these findings, the 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: (a) EC 9.2150 Commercial Zone Siting Requirements. In addition to the approval criteria in EC 9.8865 Zone Change Approval Criteria, the following C-1 Neighborhood Commercial siting requirements apply: 1) New C-1 zones shall be located within convenient walking or bicycling distance of an adequate support population. For new C-1 areas between 4½ and 5 acres, an adequate support population is 4,000 people (existing or planned) within an area conveniently accessible to the site. 2) New C-1 areas larger than 1.5 acres shall be located on a collector or arterial street. 3) Existing neighborhood commercial areas shall not be allowed to expand to greater than 1.5 acres unless the development area site abuts a collector or arterial street. Subsection (1) is met because the subject site is located within convenient walking/bicycle distance of an adequate support population. Using the City’s GIS database, staff determined that approximately 500 residentially zoned parcels exist within walking distance (1/4 mile), and approximately 13,000 residentially zoned parcels exist within biking distance (2 miles). While existing commercial facilities serve certain areas included in these figures, there is an obvious shortage of commercial zoning within close proximity to the subject site. This deficiency of neighborhood-serving commercial is most apparent in the eastern Churchill Neighborhood and northwestern Crest Drive Neighborhood. It should also be noted that there is a relatively large area zoned Medium-Density Residential (R-2) just north of the subject site. This area currently supports a school campus and higher density residential uses such as apartments and townhouses; it is expected that this population would utilize neighborhood commercial uses that would be allowed as a result of the of the zone change. Subsection (2) is not applicable as the proposed C-1 area would be added to an existing C-1 site abutting to the east; nonetheless, the combined area of the C-1 zoned area will not exceed 1.5 acres. Subsection (3) is met because the proposed C-1 area combined with the abutting, existing C-1 property to the east will not exceed 1.5 acres. The adjacent C-1 parcel is 0.34 acre, and the combined area of the subject parcels is 0.37 acre (for a total C-1 area of 0.71 acres). Based on these findings, the criterion is met. Nelson, Karen (Z 15-2) June 2015 5  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. This criterion does not apply as the proposed zone change does not include the NR zone. Transportation Planning Rule Evaluation In addition to the zone change approval criteria above, Goal 12 Transportation of the Statewide Planning Goals, adopted by the Land Conservation and Development Commission (DLCD), must also 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. The City’s acknowledged Transportation System Plan (TSP) is the TransPlan, which was adopted in 2001 and provides the basis for the Transportation Element of the Metro Plan. Both plans (TransPlan and Metro Plan) serve both the cities of Eugene and Springfield. The City of Eugene relies on the 2001 TransPlan when evaluating zone changes for consistency with the TPR. In most cases, the City finds zone changes to be consistent with TPR if the proposed zoning is consistent with the planned designation that was in effect at the time TSP was adopted (i.e. on or before adoption in 2001), pursuant to OAR 660-012-0060(9). In other words, where a zone change clearly implements a plan designation that was in effect at the time the TSP was adopted, there is a strong case for exemption under OAR 660-012-0060(9), which states: (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. Nelson, Karen (Z 15-2) June 2015 6 Here, an exemption under TPR for the proposed change is less clear because the Metro Plan diagram does not designate specific locations for C-1, Neighborhood Commercial zoning. Staff considered the TPR exemption and completed more specific initial review of the site’s transportation dynamics (including West 18th Avenue being an arterial), and it was evident that a TPR exemption should not be granted in this case without more analysis from the applicant. The applicant’s materials include a “Trip Generation & Distribution Report” (TPR analysis) prepared by Access Engineering, LLC. The applicant prepared a scope of transportation analysis based upon the project trip generation from an assumed worst case development scenario. City staff concurred with the study area intersections, and the applicant has provided analyses consistent with the agreed scope of work. The worst case development scenario (fast-food restaurant) in the C-1 zone will result in increased trip generation above the worst case R-1 uses. The applicant’s engineer performed background vehicle counts at study intersections to establish baseline traffic volumes and patterns and found that intersection and street segments are operational with acceptable levels of service for existing conditions. The applicant’s engineer analyzed the effect of the proposed C-1 zone above the baseline conditions and during the planning horizon year of 2027. The analysis accounted for proper trip generation, distribution, pass-by trip reduction and annual growth, and it was found that all intersections and street segments operated within acceptable levels of service for current build conditions and future growth conditions at the planning horizon. The result was no significant impact to the proposed or planned transportation system. The additional traffic impacts from the C-1 zoning would not warrant a change in the function classification of an existing or proposed transportation facility. The existing transportation system has adequate capacity to serve the worst case C-1 zoning development scenario. There are no proposals or plans to change the standards for implementing a functional roadway classification system. Access and levels of travel are projected to be maintained and the intersection of City View Street and West 18th Avenue is not projected to fail to meet minimum level of service requirements through the planning horizon. The increase in traffic due to the C- 1 zoning is not projected to degrade the performance of the existing transportation system below thresholds established in the current TSP. The analysis has therefore demonstrated that there is no significant effect on the transportation system, and thus 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 C-1, Neighborhood Commercial. 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 Nelson, Karen (Z 15-2) June 2015 7 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 included as Attachment A. The entire application file, which includes the TPR analysis report, 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 Erik Berg-Johansen, Assistant Planner, City of Eugene Planning Division, at: (541) 682-5437; or by e-mail, at: erik.berg@ci.eugene.or.us Nelson, Karen (Z 15-2) June 2015 8  Attachment A - Vicinity Map EUGENE _ ^ Westmoreland Campus W 18TH AVE Existing C-1 Development CITY VIEW ST W 19TH AVE ORR LN Legend ´ Subject Properties Ft Caution: This map is based on imprecise 0 75 150 300 source data, subject to change, Streets and for general reference only. Taxlots 6-2-2015