Hearings Official Public Hearings

AGENDA Meeting Location: Phone: 541-682-5377 Atrium Building – Sloat Room 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 31, 2018 (5:00 p.m.) I. PUBLIC HEARING ON A ZONE CHANGE Westview Ventures (Z 17-7) Assessors Map: 17-04-14-32 Tax Lot: 09700 Location: Maxwell and NW Expressway Request: Zone change from C-1/WR to C-2/SR Applicant: Westview Ventures, LLC Applicant’s Representative: Karl Mueller of Metro Planning Lead City Staff: Nick Gioello Telephone: (541) 682-5453 E-mail: nick.r.gioello@ci.eugene.or.us II. PUBLIC HEARING ON A ZONE CHANGE Andrew Hengel (Z 17-8) Assessors Map: 18-03-03-20 Tax Lot: 01306 Location: End of East 25th Avenue Request: Agricultural (AG) to Low Density Residential (R-1) Applicant: Hengel, Andrew & Loida Applicant’s Representative: Renee Clough of Branch Engineering Lead City Staff: Nick Gioello Telephone: (541) 682-5453 E-mail: nick.r.gioello@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 interested persons who neither are proponents nor opponents of the proposal. 4. Public testimony from those in opposition to application. 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): Westview Ventures (Z 17-7) Applicant’s Representative: Karl Mueller, Metro Planning, Inc., Phone: 541-302-9830 Applicant’s Request: Rezone subject property from C-1/WR Neighborhood Commercial and Water Resources Overlay to C-2/SR Community Commercial and Site Review Overlay Subject Property: Tax Lot 9700 of Assessor’s Map 17-04-14-32; Located north of the intersection of East 30th Avenue and Spring Boulevard Relevant Dates: Application submitted on October 6, 2017; application deemed complete on December 6, 2017; public hearing scheduled for January 31, 2017. Lead City Staff: Nicholas R. Gioello, Associate Planner, Eugene Planning Division, Phone: (541) 682-5453 Purpose of Staff Report Staff reports provide community members an opportunity to learn more about the land use request and to review staff analysis of the application. Staff reports are available seven days prior to the public hearing (see EC 9.7320). The staff report provides only preliminary information and recommendations. The Hearings Official will also consider additional public testimony and other materials presented at the public hearing before making a decision on the application. The Hearings Official’s written decision on the application is generally made within 15 days following close of the public record, following the public hearing (see EC 9.7330). For reference, the quasi-judicial hearing procedures applicable to this request are described at EC 9.7065 through EC 9.7095. How Does Zoning Work? The Eugene-Springfield Metropolitan Area General Plan (Metro Plan) is the City’s overarching policy document which helps to guide land use and zoning decisions. It includes long-range Westview Ventures (Z 17-7) January 2018 1 policy direction for a wide variety of land use planning and legislative decision-making, as well as guidance for property-specific land use decisions such as this zone change request. In some areas, refinement plans have also been adopted which provide additional policies and land use designation maps to further guide land use in specific geographic areas within the City. Taken together, the Metro Plan, refinement plans and other adopted functional plans constitute the City’s “comprehensive plan.” In the context of a zone change application, consistency with the applicable provisions of the Metro Plan and any applicable adopted refinement plans for the area of the request, is a fundamental part of the decision-making process. In many cases, there can be more than one zone that implements a particular land use designation, and the relevant policy direction can help to determine what the zoning should be. In other cases, it may be that the land use designation and policy direction is so specific that only one particular zone is allowed, or that overlay zoning is also appropriate to establish particular restrictions, development standards or process for determining how a specific property can be developed. In a nutshell, zoning specifies what a particular piece of land can be used for, and what standards will apply at the time of development (e.g. height, setbacks, etc.). Zoning can take several forms, the first is what can be referred to as a “base zone,” examples of which would be residential, commercial, or industrial zoning. Sometimes properties also have what is referred to as an “overlay zone.” Overlay zones are intended to provide special regulations and standards which supplement a base zone. The reason a particular property may have a base zone with an overlay zone varies, and is often specific to the history of the property and the location. In many cases overlay zones are applied because a specific refinement plan policy exists which requires an overlay, such as for Site Review, which ensures that a future public process and certain criteria (such as for “compatibility” with the surroundings) will apply at the time of future development. In some cases, an applicant can voluntarily request an overlay zone. The reason a particular applicant requests an overlay zone varies, but may be in response to neighborhood concerns about future development or to gain flexibility under applicable development standards. Either way, an understanding of the history of a specific property and its context as part of the City’s adopted plans is important to consider when attempting to understand why an overlay zone does or does not exist on the particular property Background and Present Request The subject property is approximately 1.55 acres in size and is located on the south side of Maxwell Road adjacent to the Maxwell connector. The site is currently undeveloped. A vicinity map is included as Attachment A. The present request is for zone change approval from the current Neighborhood Commercial and Water Resources Overlay (C-1/WR) zones to Community Commercial and Site Review Overlay (C-2/SR) zones. As discussed in the following evaluation, the Metro Plan and the applicable refinement plan (River Road Santa Clara Urban Facilities Plan) designate the subject property for Commercial uses. The proposed C-2 Community Commercial zoning implements this plan designation. Westview Ventures (Z 17-7) January 2018 2 Referrals/Public Notice Between December 29, 2017 and January 3, 2018, staff provided information concerning the application to other appropriate City departments, public agencies, and the affected neighborhood group. Referral comments were received from the City’s Public Works Department; these comments are incorporated into this report and are also 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 January 3, 2018. On December 29 2017, staff mailed public notice of the proposed zone change and the hearing date to owners and occupants within 500 feet of the subject property. Public notices were also posted as required on the subject property and within 500 feet of the subject property. No public comments were received regarding this proposal. If any comments are received after the publishing of this report, they will be forwarded to the Hearings Official. In addition, any participant may request that the record be held open for additional testimony following the public hearing. 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 to 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 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 Metro Plan designates the subject property as Commercial, and the proposed C-2 zoning is consistent with this designation. The applicant’s written statement responds to several Metro Plan policies, although staff finds none to be applicable or that would require additional analysis for the proposed zone change. In fact, the policies from the Economic Element of the Metro Plan referenced in the applicant’s written statement are no longer applicable in Eugene based on the recent adoption of Ordinance 20584 (provided separately, for reference). This ordinance includes text amendments to the Metro Plan which effectively remove consideration of the Economic Element policies, among several other changes including the establishment the City’s new Urban Growth Boundary, adoption of the new Envision Eugene Comprehensive Plan, and repeal of the Eugene Commercial Lands Study. While the new comprehensive plan includes a chapter specific to Economic Development, the plan makes it clear that its policies will not be used in determining whether the City will approve or deny individual land use applications unless such direction is specifically stated in the policy (see page I-3). In this case, finds no such specific policies in the new plan. Westview Ventures (Z 17-7) January 2018 3 The applicant also requests removal of the WR overlay zone under this criterion but provides no policy basis or explanation for the inclusion of this request, with respect to Metro Plan consistency. The applicant cites policy C.9 which provides direction to local governments concerning the adoption of Goal 5 inventories relating to the protection of wetlands, riparian corridors and wildlife habitat areas, but it does not provide a basis or direction for the applicant’ s request to remove the WR overlay zone from the subject property. That said, staff agrees with the applicant’s statement that there are no Goal 5 resources present on the subject property. While the Metro Plan does not govern the specific basis for application or removal of the WR overlay zoning, this topic is addressed in more detail below, under the siting requirements for the WR overlay zone referenced in EC 9.8865(4)(t). In short, the applicant will need to apply separately for a WR Map Correction in accordance with EC 9.4960, in order to remove the existing WR overlay zoning from the subject property. Based on these findings, the standard is met. EC 9.8865(2): The proposed zone 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 River Road Santa Clara Urban Facilities Plan is the adopted refinement plan for the subject property. The subject parcel is located within Subarea E – Maxwell/Park Avenue. The following policies are found in 2.3 Commercial and Industrial Land Use:  Policy 1.0 - Maintain and enhance the compatibility of adjacent land uses through the use of appropriate buffering mechanisms, such as landscaping.  Policy 2.0 - Require site plan reviews for all new commercial and industrial developments.  Policy 7.0 – Ensure compatibility between neighborhood commercial developments and the surrounding residential area by identifying and applying siting and development standards. The applicant has proposed the Site Review (SR) overlay zone as part of the zone change request. The SR overlay zone would ensure site plan review, which would include consistency with commercial siting, development standards, and landscaping standards at the time of future development, consistent with the above policies. Based on these findings, this standard 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. Westview Ventures (Z 17-7) January 2018 4 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 dated January 4, 2018, which are included in the application file, confirm that commercial uses on the subject property can be serviced through the orderly extension of key urban facilities and services. Compliance with any applicable street standards will be addressed at the time of future development. Public Works staff note that public stormwater systems owned by Lane County are available within Maxwell Road and adjacent to the subject property. Also, the on-site soils classification (Type B) indicates good drainage and high infiltration rates. Compliance with applicable stormwater development standards will be ensured at the time of future development. In regard to wastewater, there is an 8-inch line within Maxwell Road, adjacent to the subject property. Since the property is undeveloped there is no connection to the wastewater system, however the system can feasibly be extended by the property owner/developer to serve the subject property at the time of future development. Based on these findings, this standard 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. This standard does not apply as there are no specific siting requirements for the C-2 zone. (t) EC 9.4915 /WR Water Resources Conservation Overlay Siting Requirements (only for the purposes of adding the overlay zone. See EC 9.4960). This section of code is only intended for the purpose of adding the WR overlay zone overlay zone as noted above. In this case, the subject parcel (Tax Lot 9700) was once part of a larger parcel which did contain Goal 5 protected resources at the southern portion of the property. The entire parcel was mixed zoned with R-2, GO and C-1 and the WR overlay zone. This large parcel of land was subdivided into five lots with the approvals of Tentative Subdivision (ST 16-8) and Final Subdivision (SF 17-2) for Pennington Acres Phase II in 2017. With the approved subdivision, Tax Lot 3800 (not part of this land application) to the south of the subject property contained two Goal 5 adopted areas: an unprotected wetlands and riparian area approximately 250 feet southeast from the subject property, and a protected wetlands and riparian area approximately 360 feet directly south of the subject property. In 2017, a subsequent Site Review (SR 17-2 Alder Springs Apartments) approved a 106 unit multi- family project which included protective measures for the Goal 5 protected wetlands and riparian area at the southern portion of Tax Lot 3800. This protected wetlands and riparian area has a 20 Westview Ventures (Z 17-7) January 2018 5 foot setback from the riparian boundary and a 25 foot setback from the wetlands boundary and clearly has no impact on the subject property (Tax Lot 9700) since it is over 300 feet from the identified Goal 5 conservation areas. Since the subject parcel no longer contains Goal 5 resources within or near the subject property, staff supports the applicant’s desire to remove the WR overlay zone. However, based on the siting requirements above, and the specific direction provided in EC 9.4960, a separate application for Map Correction provides the only basis for the removal of the WR overlay zone. As such, staff cannot recommend removal of the WR overlay zone as part of this request. 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 standard does not apply as the proposed zone change does not include the NR zone. Transportation Planning Rule Evaluation Staff finds that Goal 12 Transportation of the Statewide Planning Goals, adopted by the Land Conservation and Development Commission (LCDC), 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 proposed zone change is subject to 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. Westview Ventures (Z 17-7) January 2018 6 The City of Eugene’s adopted Eugene 2035 Transportation System Plan (2035 TSP) serves as the City’s acknowledged local transportation system plan. Chapter 3: Needs Assessment and Evaluation, of the 2035 TSP provides: The needs assessment and resulting projects… that establish a transportation system adequate to meet the identified local transportation needs are based upon the land use designations established by the Metro Plan. Because the 2035 TSP is based on the Metro Plan land use designations, any zone allowed within the land use designation is consistent with both the Metro Plan and this 2035 TSP. The applicant states that the proposed C-2/SR zoning of the subject property is consistent with the Metro Plan, therefore the zoning of the subject property is consistent with 2035 TSP. The subject property was not exempted from OAR Chapter 660, Section 12 at the time of an urban growth boundary amendment. As the applicant has not requested an amendment to the Metro Plan designation, and the proposed zoning remains consistent with the Metro Plan designation, the zone change is allowed under OAR 660-012-0060(9) and OAR 660-012-0060(1) is satisfied. Based on these findings, the proposed zone change complies with the Transportation Planning Rule. Staff Recommendation Based on all the available evidence, and consistent with the preceding findings of compliance with the zone change criteria at EC 9.8865, staff recommends the Hearings Official approve the requested zone change to C-2/SR/WR. As noted above, staff supports the request to remove the WR overlay zone but the applicant will need to apply separately for a Map Correction in order to do so. While the WR overlay zone will remain on the subject property until such time as it may be removed through the Map Correction process, staff notes that no part of the subject property is regulated by the setbacks or other water resource protections afforded by the overlay zoning since the wetland/riparian resources are located well to the south of the subject property. 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. Westview Ventures (Z 17-7) January 2018 7 Attachments A. Vicinity Map B. Goal 5 Resources Map 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 Nicholas R. Gioello, Associate Planner, City of Eugene Planning Division, at: (541) 682-5453; or by e-mail at: nick.r.gioello@ci.eugene.or.us Westview Ventures (Z 17-7) January 2018 8  Attachment A -- Vicinity Map Subject Property ^^ BRAM^^ BLEW OOD L N BERWIN LN N PARK AVE ALLEA DR THW LABONA DR BUSHNELL LN NOR EST E MAXWELL RD AY MAXWELL CONNECTOR E SSW XPR LARRY LN PENNINGTON CT ´ Legend Caution: This map is based on imprecise source data, subject to change, Ft Taxlots selection and for general reference only. 0 100 200 400 1/23/2018  Attachment B Westview Ventures (Z 17-7) Goal 5 Resources Map LABONA DR BUSHNELL LN FREMONT AVE MAXWELL RD MAXWELL CONNECTOR Subject Property Unprotected Wetlands and Riparian area NORTH PARK AV ALDERWOOD ST Goal 5 Adopted Riparian protected area HOWARD AVE LARRY LN N PARK AVE PENNINGTON CT Goal 5 Adopted Wetlands protected area Feet 0 250 500 Caution: This map is based on imprecise Legend source data, subject to change, and for general reference only. Subject Property January 2018  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): Andrew Hengel (Z 17-8) Applicant’s Representative: Renee Clough; Branch Engineering, Inc., Phone: 541-746-0637 Applicant’s Request: Rezone subject property from AG Agricultural to R-1 Low-Density Residential Subject Property: Tax Lot1306 of Assessor’s Map 18-03-03-20; Located at the end of East 25th Avenue, west of Henderson Avenue Relevant Dates: Application submitted on November 7, 2017; application deemed complete on December 6, 2017; public hearing scheduled for January 31, 2018 Lead City Staff: Nicholas R. Gioello, Associate Planner, Eugene Planning Division, Phone: (541) 682-5453 Purpose of Staff Report Staff reports provide community members an opportunity to learn more about the land use request and to review staff analysis of the application. Staff reports are available seven days prior to the public hearing per Eugene Code (EC) 9.7320. The staff report provides only preliminary information and recommendations. The Hearings Official will also consider additional public testimony and other materials presented at the public hearing before making a decision on the application. The Hearings Official’s written decision on the application is generally made within 15 days following close of the public record, following the public hearing (EC 9.7330). For reference, the quasi-judicial hearing procedures applicable to this request are described at EC 9.7065 through EC 9.7095. How Does Zoning Work? The Eugene-Springfield Metropolitan Area General Plan (Metro Plan) is the City’s overarching policy document which helps to guide land use and zoning decisions. It includes long-range policy direction for a wide variety of land use planning and legislative decision-making, as well Hengel, Andrew (Z 17-8) January 2018 1 as guidance for property-specific land use decisions such as this zone change request. In some areas, refinement plans have also been adopted which provide additional policies and land use designation maps to further guide land use in specific geographic areas within the City. Taken together, the Metro Plan, refinement plans and other adopted functional plans constitute the City’s “comprehensive plan.” In the context of a zone change application, consistency with the applicable provisions of the Metro Plan and any applicable adopted refinement plans for the area of the request, is a fundamental part of the decision-making process. In many cases, there can be more than one zone that implements a particular land use designation, and the relevant policy direction can help to determine what the zoning should be. In other cases, it may be that the land use designation and policy direction is so specific that only one particular zone is allowed, or that overlay zoning is also appropriate to establish particular restrictions, development standards or process for determining how a specific property can be developed. In a nutshell, zoning specifies what a particular piece of land can be used for, and what standards will apply at the time of development (e.g. height, setbacks, etc.). Zoning can take several forms, the first is what can be referred to as a “base zone,” examples of which would be residential, commercial, or industrial zoning. Sometimes properties also have what is referred to as an “overlay zone.” Overlay zones are intended to provide special regulations and standards which supplement a base zone. The reason a particular property may have a base zone with an overlay zone varies, and is often specific to the history of the property and the location. In many cases overlay zones are applied because a specific refinement plan policy exists which requires an overlay, such as for Site Review, which ensures that a future public process and certain criteria (such as for “compatibility” with the surroundings) will apply at the time of future development. In some cases, an applicant can voluntarily request an overlay zone. The reason a particular applicant requests an overlay zone varies, but may be in response to neighborhood concerns about future development or to gain flexibility under applicable development standards. Either way, an understanding of the history of a specific property and its context as part of the City’s adopted plans is important to consider when attempting to understand why an overlay zone does or does not exist on the particular property. Background and Present Request The subject property is approximately 0.86 acres in size and is located at the end of East 25th Avenue west of the intersection of East 25th Avenue and Henderson Avenue. A vicinity map is included as Attachment A. In 2017, the applicant proposed to annex the subject property into the City of Eugene. The annexation of the property was approved by City Council and became effective on October 9, 2017 (see A 17-8 Hengel, Andrew). The present request is for zone change approval from the current AG Agricultural zone to R-1 Low-Density Residential. The AG Agricultural zoning of the property is a placeholder zone, allowing interim uses until a time at which land is converted to urban development (see EC 9.2000 Purpose of AG Agricultural Zone). The applicant’s request to rezone the property to R-1 Low-Density Residential would provide zoning to allow for urban development. Hengel, Andrew (Z 17-8) January 2018 2 As discussed in the following evaluation, the Metro Plan diagram designates the subject property for Low Density Residential uses. The proposed R-1 Low-Density Residential zoning implements this plan designation. Referrals/Public Notice Between December 29, 2017 and January 3, 2018, staff provided information concerning the application to other appropriate City departments, public agencies, and the affected neighborhood group. Referral comments were received from the City’s Public Works Department; these comments are incorporated into this report and are also 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 January 4, 2018. On December 29, 2017, staff mailed public notice of the proposed zone change and the hearing date to owners and occupants within 500 feet of the subject property. Public notices were also posted as required on the subject property and within 500 feet of the subject property. No written testimony regarding the proposal has been received at this time. If comments or testimony are received after the publishing of this report, the comments will be forwarded to the Hearings Official. In addition, any participant may request that the record be held open for additional testimony following the public hearing. 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 to 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 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 Metro Plan designates the subject property as Low Density Residential, and the proposed R-1 zoning is consistent with this designation. The applicant’s written statement responds to several relevant Metro Plan policies, although staff finds none to be mandatory approval criteria. However, the following policy appears to be relevant:  Policy 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. While this policy does not serve as a mandatory approval criterion, it does highlight the intention of the AG Agricultural zone to act as a placeholder until land is rezoned for urban Hengel, Andrew (Z 17-8) January 2018 3 uses. The applicant’s request for a change in zoning from AG Agricultural to R-1 Low-Density Residential fulfills the intent of this policy. Based on these findings, this standard is met. EC 9.8865(2): The proposed zone 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 Laurel Hill Plan and the South Hills Study are the adopted refinement plans for the subject property. Staff finds that neither plan includes policies that would serve as approval criteria for the proposed zone change. Based on these findings, this standard 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 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 dated January 10, 2018, which are included in the application file, confirm that the uses and density allowed by the R-1 zone on the subject property can be serviced by the extension of the wastewater and stormwater systems and the existing transportation system. All other key urban services are currently available to the subject property, or can be extended in an orderly and efficient manner to the property as needed to serve development. The property abuts East 25th Avenue and there is currently no wastewater service available within East 25th Avenue. The nearest public wastewater system is a 12-inch line within Glenwood Drive, that could feasibly be extended to the south within Henderson Avenue right- of-way and then west within East 25th Avenue right-of-way to serve the subject property. Immediately adjacent to the east of the subject site, a recent tentative subdivision application (ST17-08 Vista Valle Estates) is in process and proposes constructing an 8-inch wastewater line within the right-of-ways of East 25th Avenue and Henderson Avenue to connect with the existing wastewater line in Glenwood Drive. Construction of this facility would allow the subject property to connect to the new wastewater facility within East 25th Avenue. However, if ST17- 08 is either not approved or not constructed when this subject property develops, the applicant could propose to construct a similar wastewater facility within East 25th Avenue and Henderson Avenue. A second option would be to acquire a sewer easement over adjacent Tax Lot number 18-03-03-20-01302, north of the subject property, to connect with the 12 inch wastewater line within the right-of-way of Glenwood Drive. Hengel, Andrew (Z 17-8) January 2018 4 As an informational item, there are no capital improvements planned to install public wastewater in this area at this time, and therefore, extension of public wastewater would be reviewed through the privately engineered public improvement (PEPI) process, and financial surety would be the responsibility of the private developer. There is currently no stormwater service available within East 25th Avenue. The aforementioned ST17-08 Vista Valle Estates currently proposes constructing a 12-inch stormwater line within the right-of-way of East 25th Avenue. Construction of this facility would allow the subject property to connect to the new stormwater facility within East 25th Avenue. In the event that the subject property develops before Vista Valle Estates constructs its stormwater infrastructure, the applicant could propose to construct a similar stormwater facility. A second option would be on-site retention if infiltration test results and facility designs submitted at the time of development can demonstrate feasibility and are in accordance with the applicable standards and adopted plans and policies. However, it appears the soils in this area are predominantly Type C, which indicates poor infiltration is to be expected. Compliance with applicable stormwater development standards will be ensured at the time of development. Access to the subject site is from East 25th Avenue, which is not within City limits and is maintained by Lane County. Compliance with any applicable street standards will be addressed at the time of development. All documents associated with the annexation application (A 17-8 Hengel, Andrew) have been made available to the Hearings Official and are also available for public review at the Eugene Planning Division offices. Based on these findings, this standard 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. This standard does not apply as there are no specific siting requirements for the R-1 Low- Density Residential zone. 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 standard does not apply as the proposed zone change does not include the NR zone. Transportation Planning Rule Evaluation Goal 12 Transportation of the Statewide Planning Goals, adopted by the Land Conservation and Development Commission (LCDC), must be specifically addressed as part of the requested zone change and in the context of Oregon Administrative Rules, as follows. Hengel, Andrew (Z 17-8) January 2018 5 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 proposal qualifies for an exception under subsection (9), as its request is consistent with the comprehensive plan designation. (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. The City of Eugene’s adopted Eugene 2035 Transportation System Plan (2035 TSP) serves as the City’s acknowledged local transportation system plan. Chapter 3: Needs Assessment and Evaluation, of the 2035 TSP provides: The needs assessment and resulting projects… that establish a transportation system adequate to meet the identified local transportation needs are based upon the land use designations established by the Metro Plan. Because the 2035 TSP is based on the Metro Plan land use designations, any zone allowed within the land use designation is consistent with both the Metro Plan and this 2035 TSP. The applicant states that the zoning of the subject property is consistent with the Metro Plan, therefore the zoning of the subject property is consistent with 2035 TSP. The subject property was not exempted from OAR Chapter 660, Section 12 at the time of an urban growth boundary amendment. As the applicant has not requested an amendment to the Metro Plan designation, and the proposed zoning remains consistent with the Metro Plan designation, the zone change is allowed under OAR 660-012-0060(9) and OAR 660-012-0060(1) is satisfied. Hengel, Andrew (Z 17-8) January 2018 6 Based on these findings, the proposed zone change complies with Transportation Planning Rule. Staff Recommendation Based on all the available evidence, and consistent with the preceding findings of compliance with the zone change criteria at EC 9.8865, 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 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 Nicholas R. Gioello, Associate Planner, City of Eugene Planning Division, at: (541) 682-5453; or by e-mail at: nick.r.gioello@ci.eugene.or.us Hengel, Andrew (Z 17-8) January 2018 7  Attachment A -- Vicinity Map Subject Property GLENW OOD BL ^ VD O D DR GLENWO H AVE 25 T E 25TH AVE E ROCKCRESS RD ABIGAIL LN RD FE ´ RN CK EN BR A Legend Caution: This map is based on imprecise Ft source data, subject to change, Subject Property and for general reference only. 0 100 200 400 1/23/2018