Hearings Official Public Hearings

AGENDA Meeting Location: Phone: 541-682-5377 Atrium Building – Sloat Room https://www.eugene-or.gov/406/Hearings-Official 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 6, 2018 (5:00 p.m.) I. PUBLIC HEARING ON ZONE CHANGE St. Clair, James (Z 18-2) Assessors Map: 18-03-07-11 Tax Lot: 16900 Location: 3049 Willamette Street Request: Change zoning from R-1 to R-2 Applicant: Track Town Holdings, LLC Applicant’s Representative: Erik Berg-Johansen, Branch Engineering Lead City Staff: Rodney Bohner, Assistant Planner Telephone: (541) 682-5437 E-mail: rodney.t.bohner@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 https://www.eugene-or.gov/406/Hearings-Official.  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 File Name (Number): James St. Clair (Z 18‐2) Applicant James St. Clair; 1670 Willamette Street, Eugene, OR 97401 Applicant’s Representative: Erik Berg‐Johansen; Branch Engineering, 310 5th Street, Springfield, OR 97477 Applicant’s Request: Zone change from R‐1 Low‐Density Residential to R‐2 Medium‐Density Residential. Subject Property: Location: Northeast corner of East 31st Avenue and Willamette Street; Address: 3049 Willamette Street Assessor’s Map/Tax Lot: 18‐03‐07‐11/16900 Size: Approximately 0.3 acres Relevant Dates: Application submitted on March 23, 2018; application deemed complete April 23, 2018; public hearing scheduled for June 6, 2018. Lead City Staff: Rodney Bohner, Assistant Planner, Eugene Planning Division, Phone: (541) 682‐5437 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 recommendations, and information. 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. St. Clair (Z 18‐2) June 2018 1 How Does Zoning Work? The Eugene‐Springfield Metropolitan Area General Plan (Metro Plan) is part of the City’s comprehensive plan. The Metro Plan helps to guide land use and zoning decisions. It includes long‐range policy direction for land use planning and legislative decision‐making, as well as guidance for parcel‐specific land use decisions such as this zone change request. In some areas, refinement plans provide extra policies and land use designation maps to further guide land use. Another component of the City’s comprehensive plan is the Envision Eugene Comprehensive Plan. Envision Eugene provides goals and policies to help guide the City in updating the Eugene Code and other regulatory documents, programs and planning projects. Unlike the Metro Plan or refinement plans, the Envision Eugene policies are not intended to be used in determining approval or denial of land use applications, like a zone change, unless such direction is stated in the policy. 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 fundamental to the decision‐making process. More than one zone category may carry out a particular land use designation, and the relevant policy direction helps determine what the zoning should be. In other cases, the land use designation and policy direction is so specific that only one zone or overlay zone can correctly establish particular restrictions, development standards or process. In a nutshell, zoning specifies a particular use for a piece of land, and what standards will apply at the time of development (e.g. height, setbacks, etc.). Background and Present Request The present request is to re‐zone the subject property from R‐1 Low‐Density Residential to R‐2 Medium‐Density Residential. The subject property is located at the northeast corner of East 31st Avenue and Willamette Street (see Attachment A ‐ Vicinity Map). According to the application materials, the lot contains approximately .3 acres. The property is currently developed with a residence containing two dwelling units and detached garage. As discussed in the following evaluation, the Metro Plan diagram designates the subject property for Medium‐Density Residential uses. The proposed R‐2 zoning implements this plan designation. Referrals/Public Notice Public notice of the subject application was mailed on May 4, 2018, and posted consistent with the requirements of EC 9.7315 Public Hearing Notice. The Planning Division also provided information concerning the application to other appropriate City departments, public agencies, service providers, and the affected neighborhood group. Notice of the proposed zone change was received by the Oregon Department of Land Conservation and Development (DLCD) on April 24, 2018. All referral comments received by the Planning Division on this application are included in the application file for reference. The substance of any relevant referral comments is addressed in the context of applicable approval criteria and standards in the following evaluation. St. Clair (Z 18‐2) June 2018 2 Staff received one call from Joan Hamilton, a nearby neighbor, regarding potential neighborhood impacts. Hamilton expresses concern regarding traffic, primarily at the intersection of Willamette Street and 31st Avenue. Other concerns include on‐street parking, noise, and overall negative impacts to neighborhood character. Staff also received a call from Janet Bevirt expressing concerns over potential negative impacts to the neighborhood. Additionally, Bevirt raising issue regarding potential covenants, conditions, and restrictions (CC&Rs) attached to the property which would inhibit its development into apartments. Bevirt also informed staff that one of the sign postings, specifically the sign fronting Willamette Street, had been removed or otherwise damaged. Staff responded by reposting a new sign in the same location, which occurred on May 25, 2018. No other public testimony or written comments were received. Zone Change Evaluation The Hearings Official will review the application for a zone change and consider relevant 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 Medium Density Residential, and the proposed R‐2 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 policies 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. The Metro Plan designates the site as Medium‐Density Residential. The applicant’s request for a change in zoning from R‐1 Low‐Density Residential to R‐2 Medium‐Density residential fulfills the intent of this policy.  Policy A.10: Promote higher residential density inside the UGB that utilizes existing infrastructure, improves the efficiency of public services and facilities, and conserves rural resource lands outside the UGB. The existing zoning of R‐1 Low‐Density Residential would allow a maximum net density of 14 units per acre. The request to rezone the property to R‐2 Medium‐Density Residential would potentially accommodate up to 28 units per net acre, which is consistent with the policy intent St. Clair (Z 18‐2) June 2018 3 to promote higher density.  Policy A.11: Generally locate higher density residential development near employment or commercial services, in proximity to major transportation systems or within transportation‐efficient nodes. Approval of this zone change request will facilitate the development of a higher density residential development near the employment and commercial services located at the Willamette and West 29th Avenue commercial area and in downtown Eugene. Willamette Street provides direct access to these other commercial and employment services located in the vicinity.  Policy A.13: Increase overall residential density in the metropolitan area by creating more opportunities for effectively designed in‐fill, redevelopment, and mixed use while considering impacts of increased residential density on historic, existing and future neighborhoods. The proposed zone change will provide the opportunity to increase the overall residential density in the metropolitan area, creating the opportunity for in‐fill and redevelopment on an underutilized site previously identified in the Metro Plan as appropriate for medium‐density residential composition. The site consists of just under one‐third acres (.3 acres), currently developed with two dwelling units in one building. The proposed R‐2 zoning would allow up to 28 units per acre, which would equate to a maximum 8 residential units. Impacts to existing, lower‐density residential neighborhoods are minimized due to the proposal’s proximity to Willamette Street, a City of Eugene Minor Arterial, its peripheral location outside of a predominately single‐family, detached neighborhood, and through its proximity to other medium‐density residential developments. Based on the available evidence, and findings above, the applicant’s request is consistent with the Metro Plan and this criterion 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. Based on available information, the property does not exist within the boundaries of any applicable adopted refinement plan, and, as such, 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. 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). St. Clair (Z 18‐2) June 2018 4 The applicant provides statements in its written narrative that detail the availability of each service listed above. To summarize, the site currently has the necessary services because it is located in a developed area with easily accessed wastewater and water service. Public Works referral comments, which are available in the application file for reference, confirm that wastewater, stormwater, and streets can serve the subject property and compliance with specific standards will be ensured at the time of any future development. Based on these findings, and future permitting requirements, 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. This criterion does not apply as there are no specific siting requirements for the R‐2 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 criterion 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. 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 applicant states that it 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: St. Clair (Z 18‐2) June 2018 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 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 correctly 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. 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 does not significantly affect a transportation facility for purposes of the TPR and therefore complies with the TPR. Staff Recommendation Consistent with the preceding findings of compliance with the zone change criteria at EC 9.8865, and based on all available information, staff recommends the Hearings Official approve the requested zone change 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 Type III 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 The applicant’s application materials, and the entire application file, are available for review at the Eugene Planning Division offices. The Hearings Official will receive a full set of application St. Clair (Z 18‐2) June 2018 6 materials for review prior to the public hearing. These materials will also be made available for review at the public hearing. Attachment A: Vicinity Map Attachment B: Zoning Map For More Information Please contact Rodney Bohner, Assistant Planner, Planning Division, at: (541) 682‐5437; or by e‐mail, at: rodney.t.bohner@ci.eugene.or.us St. Clair (Z 18‐2) June 2018 7  Attachment A - Vicinity Map UGB E 29TH PL W 30TH AVE Subject Property E 30TH AVE WILLAMETTE ST W 31ST AVE E 31ST AVE E 31ST ALY Subject Property 0 100 200 ´ Caution: This map is based on imprecise Ft source data, subject to change, and for general reference only. Taxlots June 2018 St. Clair, James (Z 18-2) 18-03-07-11-16900 ATTACHMENT B Zone change from R‐1 Low Density Residential to R‐2 Medium Density Residential E 30th Ave Willamette St ^ E 31st Ave E 31st Ave E 31st Aly Zoning R-1 Low-Density Residential R-3 Limited High-Density Residential ^ Subject Site ´