Hearings Official Public Hearings

AGENDA Meeting Location: Phone: 541-682-5377 Sloat Room, Atrium Building 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: (541)682-5481. I. PUBLIC HEARING ON ZONE CHANGE – WEDNESDAY, May 15, 2019 5:00 pm Application File: Z-19-4 (Kempf) Request: Zone Change from AG, Agricultural to R-1, Low-Density Residential. The parcel has a /WR, Water Resources Conservation Overlay zone, which is to remain. Applicant: Rodney G. Kempf Representative: Jason Goshert, SSW Engineers Assessor’s Map/Tax Lot: 17-04-12-20/02700 Address or Location: 301 Dibble Lane Lead City Staff: Jeff Gepper, Assistant Planner Telephone: (541) 682-5282 | Email: JGepper@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. 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.  The Atrium Building 99 West 10th Avenue, Eugene, Oregon 97401 Phone: 541.682.5377 | Fax: 541.682.5572 www.eugene-or.gov/planning PUBLIC HEARING STAFF REPORT Zone Change File Number (Name): Z 19-4 (Kempf, Rodney) Applicant: Rodney G. Kempf 91355 Triple Oaks Drive, Eugene, OR 97408 Applicant’s Representative: Jason Goshert, SSW Engineers Inc. 2350 Oakmont Way, Suite 205, Eugene, OR 97401 Lead City Staff: Jeff Gepper, Assistant Planner Relevant Dates: Application Submitted: March 14, 2019 Deemed Complete: March 27, 2019 Public Hearing: May 15, 2019 Subject property Address: 301 Dibblee Lane, Eugene, OR 97404 Map No. / Tax Lot: 17-04-12-20 / 02700 Size: Approximately 8.42 Acres Location: Located at the eastern terminus of Dibblee Lane, east of River Road and North of the Randy Pape Beltline in the Santa Clara Neighborhood. Application Summary: The Zone Change Application is for the change of the base zone from AG, Agricultural to R-1 Low-density Residential on the subject property. The site also has a Water Resources (/WR) Conservation overlay zone that will remain and is not being changed with this application. Figure 1: Subject Property location and City of Eugene Relative Location (For reference purposes only. Please see attachments A and B for detailed area maps) May 8, 2019 Z 19-4 (Kempf, Rodney) | Zone Change Staff Report Page 1 of 10 Purpose of the 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. Per Eugene Code (EC) 9.7320, staff reports are available seven days prior to the public hearing. 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 applicable quasi-judicial hearing procedures 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 may be so specific that only one zone or overlay zone can correctly establish particular restrictions, development standards or process. In a nutshell, zoning specifies allowed uses for a piece of land, and what standards will apply at the time of development (e.g. height, setbacks). APPLICATION DETAILS & PROCEDURE The applicant is requesting a change from an Agricultural (AG) zone to an R-1 Low-Density Residential zone. The property also has a Water Resources Conservation (/WR) overlay zone. The /WR overlay zone will remain and is not being altered due to the presence of Goal 5 riparian areas impacting the eastern side of the parcel. The southwest portion of the subject property, approximately 2 acres, is currently developed as a single- family residence with several detached accessory garage and storage structures. The remainder of the property, the northern and eastern portions, are undeveloped. To the south, west and north, the adjacent to properties developed with single family residences. Some of the surrounding property is also zoned Agricultural because it has not yet been annexed into the City, but nevertheless is developed with primarily single-family residential uses. To the east is the East Santa Clara Waterway, which is part of the City’s adopted Goal 5 inventory of protected natural resources (City Ordinance 20351, Exhibit B, Site May 8, 2019 Z 19-4 (Kempf, Rodney) | Zone Change Staff Report Page 2 of 10 E57). The subject property abuts the termini of Dibblee Lane and Grizzly Lane to the east. The termini of Commodore Street and Miles Way are in the area, but they do not directly abut the subject property. The annexation of the subject property became effective on February 21, 2019, per City Council Resolution No. 5259 and application file A 18-10. Per the Metro Plan, the property and surrounding area is designated for low-density residential uses. Only some of the surrounding properties have been annexed at this time. Figure 2: (Above) Subject Property and Associated Goal 5 adopted Riparian Area [Aerial Photo 2017]. (Left) Vicinity Zoning. May 8, 2019 Z 19-4 (Kempf, Rodney) | Zone Change Staff Report Page 3 of 10 Timing, Notice, and Testimony Application Submitted March 18, 2019 Determined to be Complete March 27, 2019 Application Notice Sent to DLCD* April 08, 2019 Timeline Public Notice (per EC 9.7315) April 10, 2019 Public Hearing May 15, 2019 * State of Oregon Department of Land Conservation and Development (DLCD) Public Notice Public notice of this zone change application was provided in accordance with Eugene Code (EC) 9.7315 requirements. A public notice was mailed to all residents in the affected area. Testimony No public testimony or written comments have been received as of the date of this staff report. Referrals The Planning Division also provided information concerning the application to 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. The substance of any relevant referral comments is addressed in the context of applicable approval criteria and standards in the following evaluation. 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 applicable criteria required for approval, shown below in bolded 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: Approval of a zone change application, including the designation of an overlay zone, shall not be approved unless it meets all of the following criteria: 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. Metropolitan Residential Land Use and Housing Element: 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 subject property is currently used for a mix of residential and agricultural purposes. Being zoned Agricultural is due to the history of agricultural uses in the River-Road Santa Clara neighborhood and being recently annexed into the City. As the area develops, it is anticipated that properties will transition to urban uses that are consistent with the future land uses indicated on the Metro Plan Diagram (See Figure 3). May 8, 2019 Z 19-4 (Kempf, Rodney) | Zone Change Staff Report Page 4 of 10  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 proposed zone change would allow for a higher density of residential uses that are served by existing infrastructure that can extended onto the subject property and therefore supports this 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 would allow for future residential development within the Urban Growth Boundary at a scale and density that is consistent with the surrounding uses and properties. A.17 – Provide opportunities for a full range of choice in housing type, density, size, cost, and location. The proposed zone change would allow different levels of residential development that comply with standards set for the R-1 Low-Density residential zone. Environmental Design Element: E.1 - In order to promote the greatest possible degree of diversity, a broad variety of commercial, residential, and recreational land uses shall be encouraged when consistent with other planning policies. The proposed zone change would allow for a variety of residential uses that comply with the R-1 low-density residential zone and is consistent with other planning policies as identified above. Staff recognizes that the policies above do not constitute mandatory approval criteria but are nonetheless relevant and supportive of the proposed zone change. The proposed R-1 zoning is also consistent with the property’s designation for low-density residential uses on the Metro Plan land use diagram (See Figure 3 on the following page). Based on this evaluation, staff finds that this zone change application is generally consistent with applicable provisions of the Metro Plan. May 8, 2019 Z 19-4 (Kempf, Rodney) | Zone Change Staff Report Page 5 of 10  Approximate location of subject property. Figure 3: Eugene-Springfield Metropolitan Area General Plan: Plan Diagram – Evaluation: Staff finds that the subject property is in and surrounded by low-density residential classification. For reference purposes only. See Metro Plan for official plan diagram. EC 9.8865(2): The proposed zone change is consistent with applicable adopted refinement plans. In the event of inconsistencies between these plans and the Metro Plan, the Metro Plan controls. The River Road – Santa Clara Urban Facilities Plan (Refinement Plan) is the adopted refinement plan for the subject property. Staff finds that the subject property is in the Santa Clara Neighborhood, but is not located within any specified subareas as identified in the Refinement Plan (See Figure 4). General Land Use Policies: 2.0 – Adopt zoning that is consistent with the land use diagram and policies contained in the land use element of the Urban Facilities Plan. The proposed R-1 zoning is consistent with the intended zone identified by the Refinement Plan (See Figure 4), which designates the property for low-density residential uses. 3.0 – Provide for land uses that conform to Metropolitan Plan goals and policies that consider the provision of a full range of urban services in an efficient and effective manner. Based on the evaluation of the Metro Plan policies as discussed above, the proposed zone change is also consistent with the Refinement Plan and provides adequate opportunity to connect to existing urban services in an efficient and effective manner. Residential Land Use Policies: 1.0 – Recognize and maintain the predominately low-density character of the area consistent with the Metropolitan Plan. May 8, 2019 Z 19-4 (Kempf, Rodney) | Zone Change Staff Report Page 6 of 10  The proposed R-1 zoning is consistent with the low-density character of the surrounding neighborhood and the low-density residential land use designation of the Metro Plan. 2.0 – Provide a diversity of housing types in the Approximate area. Available techniques include encouraging location of reinvestment and rehabilitation of existing housing subject property. stock and the use of development standards that provide for clustering or planned unit development. Per EC 9.2700, the purpose of the R-1 Low-Density Residential zone is to implement the comprehensive plan by providing areas for low- density residential use. The R-1 zone is primarily intended for single-family dwellings with some opportunity for other types of dwellings and is also intended to provide a limited range of non- residential uses that can enhance the quality of Figure 4: Land Use Diagram (Source: River Road- low-density residential areas. Based on the intent Santa Clara Urban Facilities Plan, 1986) – Evaluation: of the R-1 zone and mechanisms for flexibility in Staff finds that the subject property is in and design, such as a planned unit development or surrounded by land designated for low-density residential uses. cluster subdivision, the proposed zone change is consistent with this policy. Based on this evaluation, staff finds that this zone change application is consistent with applicable policies of the Refinement Plan. 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. Wastewater: Wastewater service is available to serve the subject property via an 8-inch diameter line, near the Southwest corner of the property. Another 8-inch line terminates on the west side of the property at Grizzly lane. Stormwater: A 24-inch public stormwater line runs west to East across the subject property. There is a possibility of good infiltration rates because of likely Type B soils, as defined by the Natural Resources Conservation Service. However, Lane County staff noted that stormwater and percolation issues have been reported in the area and should be adequately addressed at the time of future site development. Additionally, as Dibblee Lane is under Lane County jurisdiction, they have requested to be notified of any future development of this property. Testing may be required at the time of development to demonstrate adequate percolation rates. The applicant must also direct stormwater runoff from impervious surface to an approved point of discharge and demonstrate the downstream capacity for stormwater disposal. Stormwater management will be reviewed at the time of future site development. Streets: The property has frontage on Dibblee Lane, which is under Lane County jurisdiction. The property is also served by Grizzly Avenue, which is owned by the City of Eugene. See Figure 2 for street locations. Neither street is fully developed to City standards. Access management and street standards will be evaluated at the time of future development. May 8, 2019 Z 19-4 (Kempf, Rodney) | Zone Change Staff Report Page 7 of 10 Solid Waste: Collection service is provided by private entities. Regional disposal sites and the Short Mountain Landfill are operated by Lane County. Water and Electric: Per the findings in Annexation A-18-10 of the subject property, Eugene Water and Electric Board (EWEB) staff state that Water and electric services can be extended to the subject property in accordance with EWEB policies and procedures. Public Safety: Police protection was extended to this site upon the annexation of the subject property, consistent with service provision through the City. Fire protection will be provided by the Eugene/Springfield Fire Department. Emergency medical services are currently provided on a regional basis by the cities of Eugene and Springfield. Transportation: The subject property is accessible to pedestrians, bicycles, and vehicles via Dibblee Lane and Grizzly Avenue. Additionally, public transit is available approximately 0.5 miles from the subject property on River Road. Parks and Recreation: Specific to the subject property, the following parks and recreation amenities are in the general vicinity of the subject property; Terra Linda Park, Santa Clara Community Park, Lone Oak Park, and the Echo Hollow Pool and Fitness Center. Parks and recreation programs are provided on a City‐wide basis. The inclusion of the subject property in the City is sufficient evidence to demonstrate the minimum level of this key urban service is met. Planning and Development Services: Planning and building permit services are provided for all properties located within the urban growth boundary by the City of Eugene. The Eugene Code, Chapter 9, will provide the required land use controls for future development of the subject property. Communication: A variety of telecommunications providers offer communications services throughout the Eugene/Springfield area; therefore, at the time of future development, these services may be accessed and this key urban service requirement is met. Public Schools: The subject property is within Eugene School District 4J and is within the district boundary of Awbrey Park School, Madison Middle School, and North Eugene High School. As access to schools is evaluated on a district wide basis, the property’s location within the school district is sufficient evidence to demonstrate the minimum level of this key urban service is met. Further analysis of the availability of key urban facilities and services can be found under the findings associated with the Annexation of property (A-18-10), herein incorporated as reference. Based on this evaluation, and referral comments from Public Works staff, this criterion has been 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. (b) EC 9.2430 Employment and Industrial Zone Siting Requirements. (c) EC 9.2510 Natural Resource Zone Siting Requirements. (d) EC 9.2610 Park, Recreation, and Open Space Siting Requirements. (e) EC 9.2681 Public Land Zone Siting Requirements. (f) EC 9.2735 Residential Zone Siting Requirements. (g) EC 9.3055 S-C Chambers Special Area Zone Siting Requirements. (h) EC 9.3105 S-CN Chase Node Special Area Zone Siting Requirements. (i) EC 9.3140 S-DR Downtown Riverfront Special Area Zone Siting Requirements. May 8, 2019 Z 19-4 (Kempf, Rodney) | Zone Change Staff Report Page 8 of 10  (j) EC 9.3205 S-DW Downtown Westside Special Area Zone Siting Requirements (k) EC 9.3305 S-E Elmira Road Special Area Zone Siting Requirements. (l) EC 9.3605 S-JW Jefferson Westside Special Area Zone Siting Requirements. (m) EC 9.3705 S-RP Riverfront Park Special Area Zone Siting Requirements. (n) EC 9.3805 S-RN Royal Node Special Area Zone Siting Requirements. (o) EC 9.3905 S-W Whiteaker Special Area Zone Siting Requirements. (p) EC 9.3955 S-WS Walnut Station Special Area Zone Siting Requirements. (q) EC 9.4160 /CL Clear Lake Overlay Zone Siting Requirements. (r) EC 9.4205 /EC East Campus Overlay Zone Siting Requirements. (s) EC 9.4715 /WP Waterside Protection Overlay Zone Siting Requirements. (t) EC 9.4776 /WQ Water Quality Overlay Zone Siting Requirements (only for the purposes of adding the overlay zone. See EC 9.4786.). (u) EC 9.4915 /WR Water Resources Conservation Overlay Zone Siting Requirements (only for the purposes of adding the overlay zone. See EC 9.4960.). (v) EC 9.4815 /WB Wetland Buffer Overlay Zone Siting Requirements. (w) An uncodified ordinance establishing a site specific S-H Historic Special Area Zone, a copy of which is maintained at the city’s planning and development department. EC 9.8865(5): In cases where the NR zone is applied based on EC 9.2510(3)… Staff finds that the zones and siting requirements listed under EC 9.8865(4) and (5) are not present, nor applicable, to the subject property. Specifically, EC 9.8865(4)(f), regarding residential siting requirements, provides siting requirements for the R-1.5 zone and therefore does not apply. Staff also notes that the existing /WR Water Resources Conservation overlay zone will remain on the property. Transportation Planning Rule (TPR) – OAR 660-012-0060 Staff finds that Goal 12 Transportation of the Statewide Planning Goals, adopted by the Land Conservation and Development Commission, must be specifically addressed as part of the requested zone change and in the context of Oregon Administrative Rules (OAR 660-012-0060(1)). OAR 660-012-0060(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). OAR 660-012-0060 (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 May 8, 2019 Z 19-4 (Kempf, Rodney) | Zone Change Staff Report Page 9 of 10  accounted for urbanization of the area. The City of Eugene’s adopted Eugene 2035 Transportation System Plan (TSP) is the City’s acknowledged local transportation system plan. Per Chapter 3: Needs Assessment and Evaluation of the TSP, “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 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 TSP.” The recommended R-1 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 R-1 zoning remains consistent with its Low-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 Consistent with the preceding findings of compliance with the zone change criteria at EC 9.8865, and based on all available information as of the date of this report, staff recommends the Hearings Official approve the requested zone change from AG, Agricultural to R-1 Low-density Residential on the subject property. As previously noted, the existing /WR Water Resources Conservation overlay zone will remain attached to the subject property. Consistent with EC 9.7330, unless the applicant agrees to a longer time period, within 15 days following close of the public record, the Eugene Hearings Official shall approve, approve with conditions, or deny this 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. If no appeal is received, the zone change will become effective on the 13th day after the date the decision was mailed. 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, referral comments, and other related correspondence for review prior to the public hearing. These materials will also be made available for review at the public hearing. Attachment A: Lane County Referral For More Information, please contact Jeff Gepper, Assistant Planner, Planning Division, at: (541) 682- 5282; or by e-mail, at: JGepper@eugene-or.gov. May 8, 2019 Z 19-4 (Kempf, Rodney) | Zone Change Staff Report Page 10 of 10  Attachment A Z-19-4 (Kempf) From: VARTANIAN Sasha L To: GEPPER Jeffrey A Cc: PAUGH Jennifer A; JANISCH Amy C Subject: RE: City of Eugene Land Use Referral for file: Z-19-4 Date: Monday, April 08, 2019 12:33:14 PM Hello Jeff, Lane County Transportation Planning has no concerns regarding the proposed zone change as the proposed zoning matches that of the Metro Plan designation. While stormwater is typically addressed during development, it should be noted that on-site stormwater management alone may not be adequate for this property. The subject property has known drainage issues and there is an existence of UICs on Silver Meadows Drive and Dibblee Lane and their impacts to properties on the north side. We request notification of any future land use applications that are subsequently filed so that we have an opportunity to review and comment on any impacts to Dibblee Lane, which is a County road. Thank you, Sasha Sasha Vartanian Transportation Planning Supervisor Lane County Public Works Transportation Engineering Services 3040 N Delta Hwy, Eugene, OR 97408 Office: 541.682.6598; Cell: 541.914.8045 -----Original Message----- From: JANISCH Amy C [mailto:AJanisch@eugene-or.gov] Sent: Tuesday, April 02, 2019 12:19 PM To: PAUGH Jennifer A; VARTANIAN Sasha L; JANISCH Amy C Subject: City of Eugene Land Use Referral for file: Z-19-4 LAND USE APPLICATION REFERRAL Application name:       Kempf, Rodney File Number: Z-19-4 Location: 301 Dibblee Lane Applicant's Request /Project Summary:       AG/WR to R-1/WR Additional Planning Comments:   Return comments by: Return comments to:   Jeff Gepper, JGepper@eugene-or.gov Click on the following link to access file details and application referral materials: http://pdd.eugene-or.gov/LandUse/ApplicationDetails?file=Z-19-4 Please use the documents located in the folders named Application Materials (under evaluation) and Site Plans  Attachment A Z-19-4 (Kempf) (under evaluation) for your review. Please return comments via email to the name above. If you have any questions or difficulty accessing the materials, please contact: Amy Janisch Land Use Planning Specialist City of Eugene Planning Division amy.c.janisch@ci.eugene.or.us 99 West 10th Avenue, Eugene OR 97401 Phone 541-682-5699    Fax 541-682-5572