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, JANUARY 23, 2019 (5:00 p.m.) I. PUBLIC HEARING ON A ZONE CHANGE McKenzie Surgery Center (Z 18-9) Location: 940 Country Club Road Request: Zone change to remove the /SR Site Review overlay zone Applicant: McKenzie Surgery Center Representative: Zach Galloway, TBG Architects Lead City Staff: Rodney Bohner, Assistant Planner Telephone: (541) 682-5437 E-mail: RBohner@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 (neutral). 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): McKenzie Surgery Center (Z 18-9) Applicant McKenzie Surgery Center, LP; 940 Country Club Road; Eugene, OR 97401 Applicant’s Representative: Zach Galloway, AICP; TBG Architects + Planners; 132 East Broadway, Suite 200; Eugene, OR 97401 Applicant’s Request: Zone change approval from GO General Office with /SR Site Review overlay to GO General Office. Subject Property: Location: 940 Country Club Road Assessor’s Map/Tax Lot: 17-03-30-20/2600 Total Area: Approximately 1.72 acres Relevant Dates: Application submitted on October 29, 2019; application deemed complete November 28, 2018; public hearing scheduled for January 23, 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 HO Agenda - Page 1 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. 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 additional policies and land use designation maps that further guide land use decision-making in specific neighborhoods or geographic areas of the City. Another component of the City’s comprehensive plan is the Envision Eugene Comprehensive Plan. It 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 subject property is located at 940 Country Club Road (see Attachment A - Vicinity Map). According to the application materials, Tax Lot 2600 of Lane County Assessor’s Map 17-03-30- 20 contains approximately 75,000 square feet or 1.72 acres. The site has vehicular and pedestrian access to Country Club Road via existing driveways and sidewalks. The area to the north, across Country Club Road, is zoned R-1 Low Density Residential and developed with detached, single-family dwellings and a church. To the south and east is general and medical office development. The parcel to the west of the subject site is currently vacant. The present request seeks to remove the /SR Site Review overlay zoning district from the subject property. The existing /SR overlay was placed on the site as part of a 1991 zone change application (City File No. Z 91-01). As discussed in the following evaluation, the Metro Plan designates the area subject to the rezone request for Commercial uses. The existing and proposed GO General Office zoning implements this plan designation. Referrals/Public Notice Initial public notice of the subject application was mailed on December 12, 2018. Staff posted public notice consistent with the requirements of EC 9.7315 Public Hearing Notice, on December 21, 2018. HO Agenda - Page 2 The Planning Division also provided information concerning the application to other appropriate City departments, public agencies, service providers, and the affected neighborhood group (Cal Young Neighborhood Association). Notice of the proposed zone change was received by the Oregon Department of Land Conservation and Development (DLCD) on December 17, 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. As of the date of this staff report, no public testimony was 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 applicant is proposing no change to the existing base zone of GO General Office, which staff confirms as being appropriate for Commercial uses, according to the subject property’s designation in the Metro Plan. As indicated by the applicant, removal of the /SR overlay does not alter the existing GO zoning. The Site Review (/SR) overlay zoning district was placed on the site as part of a prior 1991 zone change application. In that approval, the Hearings Official’s decision found that the GO zone was consistent with 1991-operative version of Metro Plan (Metro Plan: 1987 Update), specifically Residential Land Use Policy 12, which states, “[p]romote compatibility between residentially zoned land and adjacent areas.”1 The Hearings Official found “that the GO zone does accomplish the transition and that the transition is necessary particularly for the residential area to the north and east...” (Findings of the Hearings Official, City File No. Z 91-1; James W. Spickerman, March 13, 1991, p. 4). In the 1991 decision, the Hearings Official added the following Site Review considerations (i.e. approval criteria): 1. Compatibility with the surroundings, particularly when residential in character. 2. Due consideration to the preservation of attractive and distinctive natural features. 3. Signs and illumination and scale and harmony with the site and area. 4. Safe and efficient ingress and egress. 5. Adequate provision for flood control and storm drainage. 1 See Attachment C for excerpt from Metro Plan: 1987 Update for Policy 12; see Applicant’s application materials, Attachment G for Z 91-1 decision HO Agenda - Page 3 In 2002, the Eugene Code was substantially updated. Consequently, the City’s current land use code includes extensive commercial development standards that address the scale, bulk, parking, stormwater, and traffic impacts that would be applicable to new commercial development under the proposed and existing GO zoning. These standards would be applicable regardless of the /SR overlay zone. With the proposed removal of the /SR overlay zone, the Eugene Code commercial development standards will still provide the City with the means to address the Site Review considerations imposed in the 1991 Hearings Official decision. Furthermore, Residential Land Use Policy 12 is no longer applicable as part of the current, adopted Metro Plan policies. Staff finds no other mandatory policy direction in the Metro Plan that conflicts with the applicant’s request to remove the existing /SR overlay, or that would otherwise enable the City to require that the overlay be retained. 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. The applicable refinement plan is the Willakenzie Area Plan (September 1992) (WAP). Within the WAP, the subject site is located within the Willagillespie Subarea and designated for Commercial uses on the Willagillespie Subarea Land Use Diagram. The GO zoning district is consistent with this adopted refinement plan. Furthermore, the Commercial designation on the Willagillespie Subarea Land Use Diagram does not explicitly require /SR on the subject lot. The following policy statement in the WAP, Willagillespie Subarea Policies and Proposed Actions is relevant to the subject site:  General Policies and Proposed Action for the Willakenzie Area, Land Use Policies and Proposed Actions (Policy 2, page 15): The City shall ensure that future commercial development and redevelopment in the Willakenzie planning area is sensitive to and compatible with existing and planned development in the surrounding area. o (Proposed Action 2.2, page 15): Apply the /SR Site Review suffix to all parcels zoned or designated for C-1 Neighborhood Commercial or C-2 Community Commercial development in the Willakenzie planning area, using the Willakenzie Commercial Siting and Development Guidelines as the review criteria. These guidelines will be used to evaluate commercial development and redevelopment proposals until such time as the City adopts citywide commercial development standards or guidelines. Policy 2 and the Proposed Action 2.2 are directed toward the City and should not be construed as an approval criteria for the proposed zone change; however, the substance of the directive is worth noting. The GO zone is an implementing zone of the Commercial plan designation. The purpose language of the General Office zone notes that the zone can act as a compatibility HO Agenda - Page 4 measure when placed in a transitional location between residential and commercial uses. The prior 1991 zone change decision implemented this City directive and affirms the transitional purpose. The proposed action in the WAP recommends the /SR overlay for the C-1 and C-2 zones; however, the GO zone is noticeably absent from that proposal. Therefore, the application of the GO zone fulfills the intent of Policy 2 and the /SR overlay is not necessary or required for consistency with the refinement plan policy. Furthermore, Proposed Action 2.2 stipulates that /SR overlays should apply until such time as the City adopts commercial development standards, and the City has adopted commercial development standards through the 2002 Land Use Code Update.  General Policies and Proposed Action for the Willakenzie Area, Land Use Policies and Proposed Actions (Policy 5, page 15): Site review procedures or special development standards shall be considered for properties which abut or face one another, when the uses permitted on those properties are potentially incompatible. While this policy does require consideration, it does not mandate the retention of Site Review on the subject properties. Furthermore, the purpose of the GO zone is to provide transitional uses and building forms between residential and commercial development (see EC 9.2140 – Purpose of GO General Office Zone). By definition, the GO zone provides the necessary development standards to ensure compatibility between potentially incompatible uses.  Willagillespie Subarea Policies and Proposed Actions (Policy 4, Page 38): The city shall recognize that the area on the south side of Country Club Road is appropriate for General Office uses and shall discourage any future commercial rezonings of this area. The area south of Country Club Road, including the subject site, has had the Commercial designation since the adoption of the WAP in September of 1992. It appears that this policy statement is intended to ensure that the amendment from residential to commercial designation does not extend further north than the area south of Country Club Road and that the area is specifically appropriate for the GO zone. There are no other WAP policies or provisions which would provide further relevant guidance or mandatory approval criteria with respect to the proposed removal of the existing /SR overlay zone. Based on these findings, the proposed zone change to remove the existing /SR overlay zone is consistent with the applicable land use diagram and policies of the WAP. 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). HO Agenda - Page 5 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: (a) EC 9.2150 Commercial Zone Siting Requirements This criterion does not apply as there are no specific siting requirements listed for the GO 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: HO Agenda - Page 6  (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 GO General Office. 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, 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 materials for HO Agenda - Page 7 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: Metro Plan: 1987 Update (page III-A-5) For More Information Please contact Rodney Bohner, Assistant Planner, Planning Division, at: (541) 682-5437; or by email, at: rbohner@eugnene-or.gov HO Agenda - Page 8  ATTACHMENT A - VICINITY MAP AB B IE LN WILLAG ILLESPIE ELWOOD CT RD ELWOOD DR ST WB I1 OL COUNTRY CLUB RD PO KERNS ACRES RD 05 CO SAN D NN AVE VALLE COUNTRY CLUB RD WY LTA H NB DE WY LTA H SB D E R SOW NN SB DEERLTDARC Y RIV EB I10 5C SB 5 ON I10 N N EB W ON B 5C N I1 05 I10 N EB TA CO Subject Property L UGB DE ´ Legend Caution: This map is based on imprecise source data, Taxlots selection subject to change, and for Ft Taxlots 0 75 150 300 January 2019 HO Agenda - Page 9 McKenzie Surgery Center (Z 18-9) Assessor's Map: 17-03-30-20 Tax Lot: 02600 ATTACHMENT B - ZONING MAP Change of zoning to remove the /SR Site Review overlay zone Elwood Ct Elwood Dr Country Club Road ^ Zoning Site Review Overlay GO General Office R-1 Low-Density Residential ´ R-3 Limited High-Density Residential ^ Subject Site HO Agenda - Page 10 ATTACHMENT C - METRO PLAN: 1987 UPDATE (PAGE III-A-5) HO Agenda - Page 11 HO Agenda - Page 12