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, FEBRUARY 27, 2019 (5:00 p.m.) I. PUBLIC HEARING ON A ZONE CHANGE S & S Commercial Properties LLC (Z 18-11) Location: 388 Goodpasture Island Road and 1133 Valley River Drive Request: Zone change to remove the /SR Site Review overlay zone Applicant: S & S Commercial Properties LLC Representative: Teresa Bishow, Bishow Consulting 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): S & S Commercial Properties (Z 18-11) Applicant S & S Commercial Properties, LLC; Pleasant Hill, OR Applicant’s Representative: Teresa Bishow, AICP; Bishow Consulting LLC; PO Box 50721, Eugene, OR 97405 Applicant’s Request: Zone change from C-2 Community Commercial with /SR Site Review and /WR Water Resources overlays to C-2 Community Commercial with /WR Water Resources Overlay (removal of /SR Site Review overlay). Subject Property: Location: West of Delta Highway, east of Goodpasture Island Road, south of the Delta Ponds, and north of Valley River Drive. Address: 388 Goodpasture Island Road & 1133 Valley River Drive Assessor’s Map/Tax Lot: 17-03-19-30/600 and 1602 Size: Approximately 13.70 acres Relevant Dates: Application received on December 13, 2018; application deemed complete January 10, 2019; public hearing scheduled for February 27, 2019. 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 HO Agenda - Page 1 S & S Commercial Properties (Z 18-11) February 2019 1 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. 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 to 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 includes two adjacent tax lots in the area commonly known as the Valley River commercial area. Both lots are developed for commercial uses and are directly west of the Delta Highway public right-of-way. Tax Lot 600 is also south of the Delta Ponds adjacent to the on/off ramps to a major bike bridge crossing Delta Highway. Tax lot 600 has frontage on Goodpasture Island Road with a main driveway towards the middle of the lot. Near the northern boundary of tax lot 600 is a second minor driveway with an easement granted to the City for access and maintenance of the bike path. Tax Lot 1602 has no direct street frontage. There is a private access easement and shared parking with an adjoining tax lot providing connectivity to Valley River Drive. On Tax Lot 600, the City approved a change in zoning from R-1 to C-2 Community Commercial with /SR Site Review overlay in 1985. In 1976, tax lot 1602 was part of a larger zone change application for a substantial portion of what is known as the Valley River area south of the Delta Ponds. On November 15, 2005, the City Council adopted ordinance No. 20351 implementing Goal 5 Natural Resources Conservation Project and applied the /WR Water Resources overlay zone to the subject property. HO Agenda - Page 2 S & S Commercial Properties (Z 18-11) February 2019 2 The applicant requests to remove the /SR Site Review zoning overlay from the subject property, but the request would not change the applicability of the /WR overlay zone. The /SR Site Review overlay zone is intended to (1) maintain or improve the character, integrity, and harmonious development of an area; and (2) provide a safe, stable, efficient, and attractive on- site environment. Applicable to the subject request, site review provisions are applied when a development site is zoned with the /SR overlay zone and the proposal results in either new development of vacant sites or an expansion of 20 percent or more of the total existing building square footage on the development site. Alternatively, if a proposed use is identified as a use which requires site review under other code provisions, site review is applied for development on vacant sites or expansions of 20 percent or more. The request would remove from the subject property site review applicability based solely on the extent of development while retaining site review applicability based on use. Referrals/Public Notice Public notice of the subject application was mailed on January 25, 2019 and posted consistent with the requirements of EC 9.7315 Public Hearing Notice. The Planning Division also provided information concerning the application to 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 January 16, 2019. 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. No public testimony or written comments have been received as of the date of this staff report. 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 C-2 Community Commercial, which staff confirms as being appropriate for Major Retail Center, the subject property’s designation in the Metro Plan. The C-2 Community Commercial zone is designed to implement the comprehensive plan by providing areas for community commercial uses. These areas usually include at least 5 acres and not more than 40 acres, intended to include a wide range of purchaser goods and entertainment, office, and service needs for a support population smaller than that of the metropolitan area but larger than that of a neighborhood. HO Agenda - Page 3 S & S Commercial Properties (Z 18-11) February 2019 3 As of August 24, 2017, the Economic Element of the Metro Plan no longer applies to the west side of Interstate 5 (see Ordinance No. 20584). The recently adopted Envision Eugene Comprehensive Plan includes a new Economic Element (Chapter 3) that replaces the previous Economic Element of the Metro Plan, but it does not include any policies intended to be used for evaluation of this zone change request (see page I-3). As to other policies of the Metro Plan not replaced by the Envision Eugene Comprehensive Plan, no policies appear to be applicable or directly relevant to the current request. Lastly, the applicant’s written statement responds to several Metro Plan policies, although staff finds that none appear to be mandatory approval criteria. • B.11: Encourage economic activities, which strengthen the metropolitan area’s position as a regional distribution, trade, health, and service center. The proposed zone change retains the commercial zoning, demonstrating an interest on behalf of the applicant to develop commercial uses. Regardless of the applicant’s intent, the uses allowed by the requested zone (C-2 Community Commercial) allow for those uses which ultimately strengthen the metropolitan area’s position regional distribution, trade, health, and service center. Staff agree with the applicant’s statement to the extent that policy B.11 generally supports the requested zone change. Finally, while the Metro Plan and Envision Eugene policy language cited in the applicant’s narrative do not appear to constitute approval criteria for the proposed zone change, they nonetheless provide general support as relevant to the applicant’s requested zone change. 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 Goodpasture Island Region. The area to the south of Delta Ponds, known as the Valley River area was described in the Plan as completely committed to commercial uses with all parcels zoned commercial (WAP, pg. 44). The C-2 zoning is consistent with this adopted refinement plan. The following policy statements in the WAP, Willagillespie Subarea Policies and Proposed Actions are relevant to the subject site and zone change request: • 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. HO Agenda - Page 4 S & S Commercial Properties (Z 18-11) February 2019 4  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 approval criteria for the proposed zone change; however, the substance of the directive is worth noting. The purpose of Policy 2 concerns the compatibility of commercial uses with adjacent development. The subject properties are adjacent to existing commercial development. Both tax lots are developed with commercial buildings and associated parking lots compatible with the surrounding area. Where the lots are not adjacent to commercial development is addressed below. Proposed Action 2.2 stipulates that /SR overlays should apply “until such time as the City adopts commercial development standards.” 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. As described above, with few exceptions, the subject properties are primarily adjacent to existing commercial development thus negating potential incompatibility. The exceptions to commercial development lie to the east, where, separated by a strip of Goal 5 protected wetlands, the subject properties abut Delta Highway, and to the north, where Tax Lot 600 abuts property zoned PL Public Land—an area designated for natural area conservation known as Delta Ponds, also Goal 5 protected wetlands. The applicant points out that regarding Goal 5 Water Resources, the Goal 5 Water Resources Conservation Plan reflects the ultimate policy choice of the City for how much protection is intended to be provided for all Goal 5 resources. That plan was implemented via the adoption of the /WR Water Resources zoning overlay and its application to the subject properties. The proposed zone change retains the /WR Water Resources overlay. 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. 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. HO Agenda - Page 5 S & S Commercial Properties (Z 18-11) February 2019 5 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). 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. 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 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. HO Agenda - Page 6 S & S Commercial Properties (Z 18-11) February 2019 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 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 remove the /SR Site Review overlay zone. 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 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: rbohner@eugene-or.gov HO Agenda - Page 7 S & S Commercial Properties (Z 18-11) February 2019 7  CN TR ATTACHMENT A - VICINITY MAP RE T IE ALEXANDER LP MT RUSSET DR GOODPASTURE ISLAND RD CAL YOUNG R KS OA LA SHERWOOD PL ME TT E ROBIN HOOD AVE LITTLE JOHN LN RIO GLEN DR HW WILLAGILLESPIE RD ELYTA WOODFIELD DR DW NB H ELTA LORELLA AVE SB D Y VALLEY BUTTE DR CLINTON DR NB AO LT DE SB DELTA OFRP P NR RP NB DELTA OF EXECUTIVE PKWY Subject Property VALLEY RIVER DR ABBIE LN N LTARCON EY SB DE VALL SW VA NRP DR LL EY Y R WA TA O IVER RI RIVE VE DEL Y R ´ R CE SBVALLE NT UGB ER VALLEY RIVER CENTER Caution: This map is based on imprecise Subject Property Feet source data, subject to change, and for general reference only. Taxlots HO Agenda - Page 8 0 200 400 800 February 2019 S & S Commercial Properties LLC (Z 18-11) Attachment B Assessor's Map: 17-03-19-30 Tax Lots: 00600 and 01602 Change of zoning to remove the /SR Site Review overlay zone wy De l t a H Sherwood Pl Robin Hood Ave Goodpasture Island Rd Little John Ln ^ ^ Valley Rive rD r Valle yR iv e rD r Zoning /SR Overlay R-1 Low-Density Residential C-2 Community Commercial R-2 Medium-Density Residential ´ PL Public Land R-3 Limited High-Density Residential ^ HO Agenda - Page 9 Subject Site