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, NOVEMBER 14, 2018 (5:00 p.m.) I. PUBLIC HEARING ON A ZONE CHANGE Hollomon/LeCompte (Z 18-5) Assessors Map: 17-03-28-40 Tax Lot: 01401/01402 Location: 1 and 2 Chevy Chase Lane Request: Change zoning from AG to S-CN/HDR Applicant: Sean Barnes, Eastmark Capital Applicant’s Representative: Sean Barnes, Eastmark Capital Lead City Staff: Dan Lawler, Assistant Planner Telephone: (541) 682-5282 E-mail: dlawler@eugene-or.gov II. PUBLIC HEARING ON A ZONE CHANGE Summit Bank (Z 18-8) Assessors Map: 17-04-33-30 Tax Lot: 00200 Location: South side of West 11th Avenue, west of Willow Creek Road and east of Renee Street Request: Change zoning from E-2 to I-2 Applicant: Summit Bank Applicant’s Representative: Kristen Taylor, TBG Architects Lead City Staff: Dan Lawler, Assistant Planner Telephone: (541) 682-5282 E-mail: dlawler@eugene-or.gov 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, if any. 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 Applicant Sean Barnes, Eastmark Capital Group File Name (Number): Hollomon/LeCompte (Z 18-5) Applicant’s Representative: Sean Barnes, Eastmark Capital Group Applicant’s Request: Rezone subject properties from Agricultural (AG) to Chase Node Special Area Zone, High- Density Residential Subarea (S-CN/HDR). Subject Property: Address: 1 & 2 Chevy Chase Lane Assessor’s Map/Tax Lot: 17-03-28-40/1401 and 1402 Relevant Dates: Zone change application submitted on August 13, 2018; application deemed complete on August 31, 2018; public hearing scheduled for November14, 2018. Lead City Staff: Daniel Lawler, Assistant Planner, Eugene Planning Division, Phone: (541) 682-5282 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 made 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. Hollomon/LeCompte (Z 18-5) November 2018 1 How Does Zoning Work? The Eugene-Springfield Metropolitan Area General Plan (Metro Plan) is part of the City’s comprehensive plan 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 as guidance for property-specific land use decisions such as this zone change request. In some areas, refinement plans or special area plans have also been adopted which may provide additional policies and land use designation maps to further guide land use in specific geographic areas within the City. Another recently adopted component of the City’s comprehensive plan is the Envision Eugene Comprehensive Plan which provides goals and policies intended to help guide the City in updating the Eugene Code and other regulatory documents, work programs and long range planning projects. Unlike the Metro Plan or refinement plans, the Envision Eugene Comprehensive Plan policies are not intended to be used in determining whether to approve or deny individual land use applications, like a zone change, unless such direction is specifically 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 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 (such as a special area zone), 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.). Background and Present Request The subject properties for this particular zone change request are two tax lots located east of Martin Luther King Jr. Boulevard and south of Kinsrow Avenue. The properties are surrounded by high-density residential apartments. Tax Lot 1401 is 1.55 acres and vacant, while Tax Lot 1402 is .88 acres and contains an existing single family home. In August of 2018, the applicant applied to annex the properties into City limits (see City file A 18-4 Chase/LeCompte) and the annexation became effective on November 7, 2018. The applicant intends to redevelop the properties for multi-family housing after the zone change. Background on the Chase Node Special Area Zone explains why staff recommends a zone change to the S-CN/HDR Chase Node Special Area Zone, High-Density Residential Subarea, rather than R-4 High-Density Residential. On November 12, 2002, the Eugene City Council adopted Ordinance No. 20265, which changed the subject properties’ Metro Plan designations to High-Density Residential and Nodal Development (HDR/ND). The Council also adopted Ordinance No. 20267 on that day, which established the Chase Node Special Area Zone High- Density Residential Subarea, where the subject properties are located. The Ordinance also amended the Eugene Code to include EC 9.3100 S-CN Chase Node Special Area Zone, which Hollomon/LeCompte (Z 18-5) November 2018 2 regulates zone change procedures for properties within the special area zone. Although the applicant proposes a zone change to R-4 High-Density Residential, S-CN/HDR Chase Node Special Area Zone High-Density Residential Subarea is the appropriate zone to implement through this zone change according to EC 9.3105 S-CN Chase Node Special Area Zone Siting Requirements. The applicant has acknowledged in a November 3rd, 2018 email, included in the record, that staff would recommend a zone change from AG to S-CN/HDR, rather than AG to R-4, and supports this recommendation. Staff also notes that development standards for the R-4 and S-CN/HDR zones are virtually the same. Although surrounding properties were zoned R-4 High-Density Residential before the special area zone was created, the proposed use and future development of the subject properties will be consistent with surrounding properties, despite different zoning designations. This zone change request is subject to the Type III application procedures, which are addressed in EC 9.7300. The applicant’s request is subject to compliance with the approval criteria at EC 9.8865 Zone Change Approval Criteria, which are addressed in the following report and recommendation. Compliance with the relevant application requirements is also addressed in the applicant’s written statement, site plans, and related application materials. Referrals/Public Notice Public notice of the subject application was mailed on October 12, 2018, and posted consistent with the requirements of EC 9.7315 Public Hearing Notice. Staff received testimony from two individuals prior to completion of this staff report. Bruce Tibbett expressed concern during a phone conversation that rezoning the parcels to S-CN/HDR would aggravate existing parking shortages in the area and that increased traffic resulting from potential redevelopment of the parcels would create dangerous conditions for drivers and pedestrians in the area. Mary Birckhead also expressed concern that rezoning and potential redevelopment would aggravate parking shortages. Her letter is included in the application file. Any testimony received following the completion of this staff report, and prior to the public hearing, will be presented to the Hearings Official at the hearing. The Planning Division also provided information concerning the application to other appropriate City departments, public agencies, service providers, and the affected neighborhood group. All referral comments received by the Planning Division on this application are included in the application file for reference, and addressed in the context of applicable approval criteria and standards in the following evaluation. Zone Change Evaluation The Hearings Official will review the 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 (see EC 9.7330 and EC 9.8865). 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. Hollomon/LeCompte (Z 18-5) November 2018 3  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 properties as High-Density Residential and the proposed S-CN/HDR zoning is consistent with this designation. With regard to the Metro Plan policies, staff does not find any polices that would serve as mandatory approval criteria for this zone change. However, the following policies appear 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 zone to act as a placeholder until land is rezoned for urban uses. The recommended change in zoning from AG to S-CN/HDR 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 request to rezone the property to S-CN/HDR would potentially accommodate up to 112 units per acre, which is consistent with the policy intent to promote higher density within the UGB. Therefore, the applicant’s zone change request from AG to S-CN/HDR fulfills the intent of this policy.  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 Gateway Center north of Harlow Road. Garden Way and Harlow Road, along with bike and walking paths, provide access to these commercial and employment services and others located in the vicinity of the subject properties.  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 increase the 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 High-Density Residential use. The subject Hollomon/LeCompte (Z 18-5) November 2018 4 properties are 1.55 and .88 acres and are proposed for future multi-family development. The proposed S-CN/HDR zoning would allow up to 112 units per acre, which would increase residential density in the metropolitan area. In addition, impacts to historic, existing and future neighborhoods are minimal because the subject properties are surrounded by high-density residential apartments. Based on these findings, the 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. The subject property is within the boundaries of the Willakenzie Area Plan (WAP), specifically in the Chase Gardens Subarea. The map on page 74A of the WAP identifies the subject property as being designated for High-Density Residential, consistent with the Metro Plan designation. Additionally, staff finds that there are no policies from the WAP that would serve as mandatory approval criteria for this zone change. 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 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 that the subject property can be served through the orderly extension of key urban facilities and services. Therefore, 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: (h) EC 9.3105 S-CN Chase Node Special Area Zone Siting Requirements. EC 9.3105 Chase Node Special Area Zone Siting Requirements requires the site to be included within the Chase Node area depicted on Map 9.3105 S-CN Chase Node Special Area Zone and Subareas. The subject properties are clearly depicted within the special area zone. In addition, the code requires that when a property is rezoned to S-CN, as part of the rezoning process, the City shall identify the subarea designation applicable to the property. This report identifies the High-Density Residential subarea as the applicable designation for the properties. Staff has also Hollomon/LeCompte (Z 18-5) November 2018 5 attached a copy of EC Map 9.3105 S-CN Chase Node Special Area Zone and Subareas, for ease of reference. Based on these findings, this 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. This criterion does not apply because 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. City of Eugene’s adopted Eugene 2035 Transportation System Plan (2035 TSP) is the City’s acknowledged local transportation system plan. Chapter 3: Needs Assessment and Evaluation of the 2035 TSP provides: Hollomon/LeCompte (Z 18-5) November 2018 6  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. As previously discussed, the recommended zoning of the subject property is consistent with its land use designation in the Metro Plan. Therefore, the zoning of the subject property is consistent with the 2035 TSP. As the applicant has not requested an amendment of the Metro Plan designation, and the proposed S-CN/HDR zoning remains consistent with its High-Density Residential designation, the zone change complies with OAR 660-012-0060(9) and satisfies OAR 660-012-0060(1). Based on these findings, the proposed zone change complies with The Transportation Planning Rule. Staff Recommendation Based on the available evidence, and consistent with the preceding findings, staff recommends the Hearings Official approve the zone change to S-CN/HDR Chase Node Special Area High Density Residential Subarea. 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 application materials for this zone change are 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. Attachment A: Vicinity Map Attachment B: Zoning Map Attachment C: EC Map 9.3105 S-CN Chase Node Special Area Zone and Subareas For More Information Please contact Dan Lawler, Assistant Planner, City of Eugene Planning Division, at: (541) 682- 5282; or by e-mail, at: daniel.r.lawler@ci.eugene.or.us Hollomon/LeCompte (Z 18-5) November 2018 7  Hollomon/LeCompte (Z 18-5) Attachment A Vicinity Map PARK GROVE APTS JJC SERVICE RD DUCK VILLAGE APTS TS AP RK PA M IU TAD S Eugene COMMONS DR MCKENNA DR KINSROW AVE H VY C CHE MARCHE CHASE DR HE MARC MARC HE CHASE APT LN ASE CHASE VILLAGE APTS E APT CHAS S Y P KW R RIS HA O LE BO MARTIN LUTHER KING JR BLVD AR D WA LK AV E REGENT AV E CH EVY CH ST O E NE AS G AT E MAR ST BU ST C LP KI NG HA M ´ AV BA E RD EL L AV E Legend Caution: This map is based on imprecise Subject Property source data, subject to change, and for general reference only. Ft 0 150 300 600 Hollomon/LeCompte (Z 18-5) Attachment B 17-03-28-40-01401, 01402 Zone change from AG Agricultural to R‐4 High‐Density Residential Mcke a Dr Mckenna Dr Commons Dr Kinsrow Ave ^ Chev y Chas ^ e Ln Marche Chase Dr Martin Luther King Jr Blvd Boardwalk Ave Regent Av Zoning AG Agricultural PL Public Land R-1 Low Density Residential R-4 High-Density Residential ´ S-CN Chase Node ^ Subject Site Attachment C  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): Summit Bank (Z 18-8) Applicant’s Representative: Kristen Taylor, TBG Architects + Planners Applicant’s Request: Rezone subject property from Mixed-Use Employment (E-2) to Light-Medium Industrial (I-2). Subject Property: Address: Not Yet Assigned (Vacant) Assessor’s Map/Tax Lot: 17-04-33-30/200 Relevant Dates: Zone change application submitted on September 24, 2018; application deemed complete on October 4, 2018; public hearing scheduled for November14, 2018. Lead City Staff: Daniel Lawler, Assistant Planner, Eugene Planning Division, Phone: (541) 682-5282 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 made 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 part of the City’s comprehensive plan 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 Summit Bank (Z 18-8) November 2018 1 as guidance for property-specific land use decisions such as this zone change request. In some areas, refinement plans or special area plans have also been adopted which may provide additional policies and land use designation maps to further guide land use in specific geographic areas within the City. Another recently adopted component of the City’s comprehensive plan is the Envision Eugene Comprehensive Plan which provides goals and policies intended to help guide the City in updating the Eugene Code and other regulatory documents, work programs and long range planning projects. Unlike the Metro Plan or refinement plans, the Envision Eugene Comprehensive Plan policies are not intended to be used in determining whether to approve or deny individual land use applications, like a zone change, unless such direction is specifically 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 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 (such as a special area zone), 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.). Background and Present Request The subject property is one tax lot located south of West 11th Avenue and west of Willow Creek Road. The site is 6.73 acres and is undeveloped. Properties in the vicinity are zoned I-2 and E-2 and feature uses including an auto shop, a towing company, car rentals, and a bar and restaurant. An undeveloped site zoned Natural Resource (NR) is located to the north of the subject property, across West 11th Avenue. This zone change request is subject to the Type III application procedures, which are addressed in EC 9.7300. The applicant’s request is subject to compliance with the approval criteria at EC 9.8865 Zone Change Approval Criteria, which are addressed in the following report and recommendation. Compliance with the relevant application requirements is also addressed in the applicant’s written statement, site plans, and related application materials. Referrals/Public Notice Public notice of the subject application was mailed on October 12, 2018, and posted consistent with the requirements of EC 9.7315 Public Hearing Notice. No testimony has been received yet on the application. Any testimony received following the completion of this staff report, and prior to the public hearing, will be presented to the Hearings Official at the hearing. The Planning Division also provided information concerning the application to other appropriate City departments, public agencies, service providers, and the affected Summit Bank (Z 18-8) November 2018 2 neighborhood group. All referral comments received by the Planning Division on this application are included in the application file for reference, and addressed in the context of applicable approval criteria and standards in the following evaluation. Zone Change Evaluation The Hearings Official will review the 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 (see EC 9.7330 and EC 9.8865). 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 Light-Medium Industrial and the proposed I- 2 zoning is consistent with this designation. With regard to the Metro Plan policies, staff does not find any polices that would serve as mandatory approval criteria for this zone change. Based on these findings, the 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. The subject property is within the boundaries of the Willow Creek Special Area Study (WCSAS). The map on page 29 of the WCSAS identifies the subject property as being designated for Light- Medium Industrial, consistent with the Metro Plan designation. Additionally, staff finds that there are no policies from the WCSAS that would serve as mandatory approval criteria for this zone change. Thus, the proposed change from E-2 to I-2 is consistent with the applicable refinement plan. 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 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 that the subject property can be served through the orderly extension of key urban facilities Summit Bank (Z 18-8) November 2018 3 and services. Therefore, 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: (b) EC 9.2430 Employment and Industrial Zone Siting Requirements EC 9.2430 Employment and Industrial Zone Siting Requirements, requires the subject property’s Metro Plan designation to be Light-Medium Industrial. The subject property is designated Light- Medium Industrial by the Metro Plan. No other siting requirements apply to the property. Based on these findings, this 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. This criterion does not apply because 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 Summit Bank (Z 18-8) November 2018 4  (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 notes that the previous zone change approval for the subject property which established the existing E-2 zoning (see Z 14-7), was subject to a condition of approval that included a “trip cap” limiting the number of vehicle trips to be generated by future development to 611 p.m. peak hour trips. At the time, staff concluded that the zone change did not qualify under the provisions of subsection (9) above, and that the potential for additional trips to be generated by retail uses within the newly adopted E-2 zone was not accounted for in the assumptions of the adopted TSP (TransPlan). Thus, the “trip cap” was needed to satisfy TPR by ensuring there would be no significant effect on the City’s transportation system. That condition of approval is no longer necessary for several reasons. One is based on the City’s recent adoption of the Eugene 2035 Transportation System Plan (2035 TSP), which now serves as the City’s acknowledged local transportation system plan. Chapter 3: Needs Assessment and Evaluation of the 2035 TSP specifically provides the following: 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 requested zoning of the subject property is consistent with its Metro Plan designation for Light-Medium Industrial use, and therefore, the proposed zoning of the subject property is consistent with the 2035 TSP. Furthermore, as demonstrated in the applicant’s materials for this zone change, in a letter from Sandow Engineering dated September 21, 2018 the potential “worst-case” trip generation from the proposed I-2 zoning is substantially less than that of the existing E-2 zone. In effect, the applicant’s request will take the property’s zoning back to what it was before the zone change that occurred in 2014 and established the “trip cap”. As the applicant has not requested an amendment of the Metro Plan designation, and the proposed I-2 zoning remains consistent with the property’s Light-Medium Industrial plan designation, the zone change complies with OAR 660-012-0060(9) and satisfies OAR 660-012- 0060(1) without the need for a “trip cap”. Staff Recommendation Based on the available evidence, and consistent with the preceding findings, staff recommends the Hearings Official approve the requested zone change to I-2 Light-Medium Industrial. 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 Summit Bank (Z 18-8) November 2018 5 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 are 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. Attachment A: Vicinity Map Attachment B: Zoning Map For More Information Please contact Dan Lawler, Assistant Planner, City of Eugene Planning Division, at: (541) 682- 5282; or by e-mail, at: daniel.r.lawler@ci.eugene.or.us Summit Bank (Z 18-8) November 2018 6  Summit Bank (Z 18-8) Attachment A Vicinity Map S DANEBO AVE Eugene W 11TH AVE WESTEC DR RENNE ST BA RB WILLOW CREEK RD AR A LN ´ Legend Caution: This map is based on imprecise Subject Property source data, subject to change, and for general reference only. Ft 0 115 230 460 Summit Bank (Z 18-8) Attachment B 17-04-33-30-00200 Zone change from E‐2 Mixed Use Employment to I‐2 Light Medium Industrial W 11th Ave r e e k Rd ^ W wC i llo Renne St Westec Dr Zoning E-2 Mixed Use Employment I-2 Light-Medium Industrial NR Natural Resource R-1 Low Density Residential ^ Subject Site ´