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. WEDNESDAY, June 12, 2019 – 5:00 p.m. I. PUBLIC HEARING ON ZONE CHANGE Application File: Z 19-8 18th & Ferry Request: Zone Change from R-3 to R-4 Applicant: Our 18th & Ferry Holdings, LLC Representative: Sean M. Barnes, Eastmark Capital Group Assessor’s Map/Tax Lot: 18-03-05-22 / 00600 & 00700 Address or Location: 460 E. 18th Ave. and 1830 Ferry Street Lead City Staff: Jeff Gepper, Assistant Planner Telephone: (541) 682-5282 | Email: JGepper@eugene-or.gov II. PUBLIC HEARING ON ZONE CHANGE Application File: Z 19-6 Sixteen Twelve Polk LLC Request: Zone Change from R-1/WR to R-2/WR Applicant: Sixteen Twelve Polk, LLC Representative: William H Sherlock, Hutchinson Cox Coons Assessor’s Map/Tax Lot: 17-04-36-43 / 02800 Address or Location: 1612 Polk Street 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 19-8 (18th and Ferry) Owner: Our 18th & Ferry Holdings, LLC (David Corey, Manager) 836 Fairway View Drive, Eugene, OR 97401 Applicant’s Representative: Sean M. Barnes, Eastmark Capital Group 1420 Fifth Avenue Suite 2600, Seattle, WA 98101 Lead City Staff: Jeff Gepper, Assistant Planner Relevant Dates: Application Submitted: April 24, 2019 Deemed Complete: May 1, 2019 Public Hearing: June 12, 2019 Subject property Address: 460 East 18th Avenue & 1830 Ferry Street, Eugene, OR 97402 Map No. / Tax Lot: 18-03-05-22 / 00600 & 00700 Size: Approximately 0.42 Acres combined Location: Located on the southwest corner of 18th Avenue and Ferry Street, between Ferry Street and the Ferry Alley, in the West University Neighborhood. Application Summary: Zone Change Application (#Z 19-8) is for two tax lots in the West University Neighborhood to change the base zone from R-3 Limited High-density Residential to R-4 High-Density Residential. There are no existing or proposed overlay zones. Figure 1: Relative project location. This map is based on imprecise source data, subject to change, and for general reference only. June 4, 2019 Z 19-8 (18th and Ferry) | 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). June 4, 2019 Z 19-8 (18th and Ferry) | Zone Change Staff Report Page 2 of 10  APPLICATION DETAILS & PROCEDURE The applicant is requesting a zone change on the subject property, consisting of two tax lots, from R-3 Limited High-Density Residential to R-4 High-Density Residential. The subject property is located at 460 East 18th Avenue and 1830 Ferry Street. Both properties are developed with single-story, multi-family buildings. 460 East 18th Avenue currently has four dwelling units and 1830 Ferry Street has five dwelling units. Vehicle access is provided to the parcels via the Ferry Alley. The area surrounding the subject property is primarily developed with multi-family buildings and apartments buildings. To the Northeast, across East 18th Avenue and Ferry Street, there are several single-family residences. One block south of the subject property is South Eugene High School. Figure 2: Subject Property location. This map is based on imprecise source data, subject to change, and for general reference only. June 4, 2019 Z 19-8 (18th and Ferry) | Zone Change Staff Report Page 3 of 10  Figure 3: Vicinity Zoning Map. This map is based on imprecise source data, subject to change, and for general reference only. Timing, Notice, and Testimony Application Submitted April 24, 2019 Determined to be Complete May 1, 2019 Application Notice Sent to DLCD* May 8, 2019 Timeline Noticed (per EC 9.7315) May 12, 2019 Public Hearing June 12, 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. June 4, 2019 Z 19-8 (18th and Ferry) | Zone Change Staff Report Page 4 of 10  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. Per the Metro Plan’s land use diagram, the subject property is designated as high-density residential (See Figure 4), and the proposed R-4 zone is consistent with that designation. Metropolitan Residential Land Use and Housing Element: 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 and is therefore supported 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 at a higher density and scale that is consistent with the surrounding uses and properties. Staff recognizes that these policies do not constitute mandatory approval criteria but are relevant and supportive of the proposed zone change. Based on this evaluation, staff finds that this zone change application is consistent with the relevant provisions of the Metro Plan. June 4, 2019 Z 19-8 (18th and Ferry) | Zone Change Staff Report Page 5 of 10 Figure 4: Eugene-Springfield Metropolitan Area General Plan: Plan Diagram – Evaluation: Staff finds that the subject property is designated as High-Density Residential. 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 West University Refinement Plan (Refinement Plan) is the adopted refinement plan for the subject property. Staff finds that the subject property is in the West University Neighborhood, and more specifically, it is within the South Eugene High School Residential Area. The subject property is designated as medium and high density residential as identified in the Refinement Plan (See Figure 5). Per the Land Use, Housing, and Commerce Element of the Refinement Plan, the subject property is in the South Eugene High School Residential Area, which states “Because of its proximity to shopping, schools, transportation and recreation facilities, the area between 18th and 19th, from Patterson to Amazon Creek, is appropriate for high-density residential uses.” Staff finds this clause to be supportive of the proposed zone change. Staff finds that there are no specific Refinement Plan policies that are applicable to this zone change. Based on this evaluation, staff finds that this zone change application is consistent with the intent of the Refinement Plan. June 4, 2019 Z 19-8 (18th and Ferry) | Zone Change Staff Report Page 6 of 10  Figure 5: Land Use Diagram (Source: West University Refinement Plan) – Evaluation: Staff finds that the subject property is in and surrounded by land designated Medium- and High-density Residential. For reference purposes only. See Refinement Plan for official diagram 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: Public wastewater service is currently available for tax lots 18-03-05-22-00600 & 00700 via a 15-inch mainline within Ferry Alley. Per City of Eugene sewer connection records no. 13437, the existing fourplex at 460 East 18th Avenue has a connection about 53 feet south of manhole no. 5536. Per City of Eugene sewer connection records no. 24763, the existing apartments in tax lot 00700 (1830 Ferry Street Apartment 1-5) currently has a connection roughly 82 feet south of manhole no. 5536. Stormwater: As discussed in the applicant’s written statement, there is a 42-inch public stormwater line within East 18th Avenue and a 12-inch public stormwater line with Ferry Street. There are no mapped downstream capacity issues with this area and the subject property is developed with previous surfaces. Any future development will be reviewed for stormwater standards. Streets: The development site has frontage on East 18th Avenue, which is identified as a minor arterial, per Figure 60 of the Eugene 2035 Transportation System Plan. East 18th Avenue has an existing right-of- June 4, 2019 Z 19-8 (18th and Ferry) | Zone Change Staff Report Page 7 of 10 way of 66 feet and a paving width of 42 feet, both of which are in compliance with Table 9.6870 Right of Way and Paving Widths. East 18th Avenue is constructed with curb and gutter, setback sidewalks, street trees, and street lights. The development site also has frontage on Ferry Street, which is not identified on Figure 60 of the Eugene 2035 Transportation System Plan, instead Ferry Street function s as a local street. Ferry Street has an existing right-of-way of 66 feet and a paving width of 34 feet, both of which are in compliance with Table 9.6870 Right of Way and Paving Widths. Ferry Street is constructed with curb and gutter, setback sidewalks, street trees, and street lights. No liens or special assessments were found for the development site. 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: The site has existing services for water and electrical services, operated by Eugene Water and Electric Board (EWEB). Any future development will require coordination with EWEB staff to ensure that Water and electric services comply with City standards and EWEB requirements. Public Safety: Police protection for the subject property is 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 East 18th Avenue, Ferry Street, and the Ferry Alley. A public transit stop abuts the property on East 18th Avenue. Bike lanes are present along East 18th Avenue as well. Parks and Recreation: Specific to the subject property, the following parks and recreation amenities are in the general vicinity of the subject property; West University Park and Amazon Park. 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 Edison School, Roosevelt School, and South 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. Based on this evaluation, 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… EC 9.8865(5): In cases where the NR zone is applied… June 4, 2019 Z 19-8 (18th and Ferry) | Zone Change Staff Report Page 8 of 10 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. 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 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 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-4 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. June 4, 2019 Z 19-8 (18th and Ferry) | Zone Change Staff Report Page 9 of 10  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 R-3, Limited High-Density Residential to R-4 High-Density Residential on 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 for review prior to the public hearing. These materials will also be made available for review at the public hearing. For more information, please contact Jeff Gepper, Assistant Planner, Planning Division, at: (541) 682- 5282; or by e-mail, at: JGepper@eugene-or.gov. June 4, 2019 Z 19-8 (18th and Ferry) | Zone Change Staff Report Page 10 of 10  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 19-6 (Sixteen Twelve Polk, LLC) Applicant: Sixteen Twelve Polk, LLC PO Box 25302, Eugene, OR 97402 Applicant’s Representative: William H. Sherlock, Hutchinson Cox, Attorneys. PO Box 10886, Eugene, OR 97400 Lead City Staff: Jeff Gepper, Assistant Planner Relevant Dates: Application Submitted: April 4, 2019 Deemed Complete: April 19, 2019 Public Hearing: June 12, 2019 Subject property Address: 1612 Polk Street, Eugene, OR 97402 Map No. / Tax Lot: 17-04-36-43 / 02800 Size: Approximately 0.63 Acres Location: Located on the west side of Polk Street, between West 17th Avenue and the Amazon Channel in the Jefferson Westside Neighborhood. Application Summary: This Zone Change Application (#Z 19-6) is for the change of the base zone from R-1, Low-density Residential to R-2, Medium-Density Residential. The site also has a Water Resources (/WR) Conversation overlay that will remain. Figure 1: City of Eugene Relative Location. This map is based on imprecise source data, subject to change, and for general reference only. June 4, 2019 Z 19-6 (Sixteen Twelve Polk, LLC) | Zone Change Staff Report Page 1 of 11 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). June 4, 2019 Z 19-6 (Sixteen Twelve Polk, LLC) | Zone Change Staff Report Page 2 of 11  APPLICATION DETAILS & PROCEDURE The applicant is requesting a zone change from R-1 Low-Density Residential to R-2 Medium-Density Residential. The site also has a Water Resources (/WR) Conversation overlay that the applicant has stated will remain. While the City’s zoning map does not reflect the /WR overlay zone due to an oversight during the mapping of Zone Change Z-05-8. However, the /WR overlay applies because Ordinance 20351 includes the map and tax lot for the subject property in the list of affected lots (See Attachment C). The /WR overlay is associated with the Amazon Channel, which runs along the north side of the property. The subject property, approximately 0.63-acres, is developed with a 15-unit multi-family building with associated parking lot and common areas. The maximum R-1 net density for the site is 8 dwelling units. The property was developed in 1946 with 10 dwelling units, a density of 23.8 units per acre, prior to land use code standards. Therefore, the existing use is legal nonconforming. To the East, West, and South of the property, the area is primarily developed with duplexes, single-family residences, and a church. Across the Amazon Channel to the North, properties are developed with a mix of single- and multi- family residences and a church use. The Amazon Channel is part of the City’s adopted Goal 5 inventory of protected natural resources (See Figure 2). Figure 2: Subject Property and associated Goal 5 Protected Natural Resource Boundary. This map is based on imprecise source data, subject to change, and for general reference only. June 4, 2019 Z 19-6 (Sixteen Twelve Polk, LLC) | Zone Change Staff Report Page 3 of 11  Figure 3: Vicinity Zoning Map. This map is based on imprecise source data, subject to change, and for general reference only. Timing, Notice, and Testimony Application Submitted April 4, 2019 Determined to be Complete April 19, 2019 Application Notice Sent to DLCD* April 19, 2019 Timeline Noticed (per EC 9.7315) May 13, 2019 Public Hearing June 12, 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 Written public testimony was received regarding the proposed zone change from two commenters. The first individual provided comment on criteria associated with refinement plan consistency. The testimony was primarily focused the residential density as identified in the Jefferson/Far West Refinement Plan (Refinement Plan). The commenter suggests implementation of a Residential Density Range Overlay Zone (/#) to restrict the maximum number of dwelling units per acre. The commenter’s suggestion is to limit the maximum density to 24 units per acre. This is intended to achieve their interpretation of the future land use diagram in the Refinement Plan, which states that the property is June 4, 2019 Z 19-6 (Sixteen Twelve Polk, LLC) | Zone Change Staff Report Page 4 of 11 designated for “Low- Medium Density Residential”. As suggested, the /24 overlay zone would restrict the maximum density to match the existing 15 dwelling units on the subject property, which is closer to the mean maximum net density between low and medium density. An evaluation of this criteria by staff can be seen under EC 9.8865(1) and EC 9.8865(2) in the Evaluation section of this staff report. Please see Attachment A to review all written testimony received prior to the date of this staff report. The second commenter was concerned about noticing procedures, but did not cite any concerns with applicable zone change criteria. The letter and staff response to the commenter can be reviewed in Attachment B. 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. Per the Metro Plan’s land use diagram, the subject property is designated medium-density residential (See Figure 4), and the proposed R-2 zone is consistent with that designation. Metropolitan Residential Land Use and Housing Element: 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 apply a medium density zone, on a site served by existing infrastructure. As proposed, the zone change will allow for higher density residential uses within the UGB that utilizes existing facilities and helps to conserve resource lands outside the UGB. 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. June 4, 2019 Z 19-6 (Sixteen Twelve Polk, LLC) | Zone Change Staff Report Page 5 of 11  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 the land use designation. 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 could provide opportunities for a range of housing types that comply with standards of the R-2 zone. Staff recognizes that these policies do not constitute mandatory approval criteria but are nonetheless relevant and supportive of the proposed zone change. Based on this evaluation, staff finds that this zone change application is consistent with relevant provisions of the Metro Plan. Figure 4: Eugene-Springfield Metropolitan Area General Plan: Plan Diagram – Evaluation: Staff finds that the subject property is designated as medium-Density Residential. 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 Jefferson/Far West Refinement Plan (Refinement Plan) is the adopted refinement plan for the subject property. Staff finds that the subject property is in the Jefferson Westside Neighborhood, and is located within Residential Area #14 as identified in the Refinement Plan. June 4, 2019 Z 19-6 (Sixteen Twelve Polk, LLC) | Zone Change Staff Report Page 6 of 11 Per the Refinement Plan’s General Future Land Use Diagram, the subject property is located in an area designated for low-medium density residential (See Figure 5). Also, the Refinement Plan’s Existing General Land Use Patterns also identify the subject property as existing medium-high density residential (See Figure 6). EC 9.9580 Adopted Jefferson/Far West Refinement Plan Policies: (2)(c) – Encourage a mixture of housing densities and types to allow a diverse population group to live within the area. The proposed R-2 zoning allows for an opportunity to provide a variety of residential densities and housing types to meet this policy. As noted, the subject property is in Area 14: Low-Medium Density Residential Area. Under the Area 14 section, the area-specific policy states, “This area shall be recognized as appropriate for low- to medium density residential.” Staff finds that this statement allows residential densities within, but not exceeding, a range from low-density residential to medium-density residential. It can then be concluded that a medium-density zone is consistent with the Refinement Plan. Given this finding, staff does not concur with written testimony that the statement “low to medium density” implies that the density should be capped at the existing density or be limited to the average between low and medium density. There is no clear policy direction in the Refinement Plan that would support the imposition of a density limit less than what the property’s Metro Plan land use designation for medium-density residential would allow. Based on this evaluation, staff finds that this zone change application is consistent with the adopted Refinement Plan. June 4, 2019 Z 19-6 (Sixteen Twelve Polk, LLC) | Zone Change Staff Report Page 7 of 11 Figure 5: [General Future] Land Use Diagram (Source: Jefferson/Far West Refinement Plan, 1983) – Evaluation: Staff finds that the subject property is designated as low-medium density residential. The subject property is located in Residential Area #14. This map is for reference purposes only. See adopted Refinement Plan for official diagram. Figure 6: Existing Land Use Diagram (Source: Jefferson/Far West Refinement Plan, 1983) – Evaluation: Staff finds that the subject property was identified as an existing medium-high density residential use. This map is for reference purposes only. See adopted Refinement Plan for official diagram. June 4, 2019 Z 19-6 (Sixteen Twelve Polk, LLC) | Zone Change Staff Report Page 8 of 11  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: The property is currently served with public sewer service via a 10” line (MH 5660) within the Polk Street right of way and individual 4” taps to the existing residences per a sewer connection record dated 2/12/1985. Stormwater: Stormwater is currently served via a 36” concrete line which flows directly to the nearby Amazon Creek. There do not appear to be any capacity issues with this area and the subject property is fully developed with pervious surface. Any future development will be reviewed for compliance with applicable stormwater standards. Streets: The subject property has frontage on Polk Street, a major collector owned and maintained by the City of Eugene. Polk Street has 66’ right of way with 36’ of paving which is consistent with EC Table 9.6870 Right of Way and Paving Widths. It has sidewalks, curb and gutter and there appears to be an upgraded ADA crosswalk on both the west and east side of Polk with access to a major bike corridor. There are no liens or special assessments found. Solid Waste: The City of Eugene regulates solid waste, recycling and yard debris collection within the city limits. Collection services are provided by licensed, private entities that may collect from any area in Eugene. Regional disposal sites and the Short Mountain Landfill are operated by Lane County. Water and Electric: The site has existing services for water and electrical services, operated by Eugene Water and Electric Board (EWEB). Any future development will require coordination with EWEB staff to ensure that Water and electric services comply with City standards and EWEB requirements. Public Safety: Police protection is provided by the Eugene Police Department within the City limits. 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 Polk Street. The subject property is served by a network of sidewalks and streets. Across the Amazon Channel to the North is the Fern Ridge multi-use path that provides East/West pedestrian and bicycle travel. Public transit is available approximately 800 feet from the subject property on West 18th Avenue. Parks and Recreation: Specific to the subject property, the following parks and recreation amenities are in the general vicinity of the subject property; Fern Ridge Multi-use Path, Westmoreland City Park, Garfield Park, and Westmoreland Community Center. Furthermore, Parks and recreation programs are provided on a City‐wide basis; therefore the inclusion of the subject property in the City demonstrates that this 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. June 4, 2019 Z 19-6 (Sixteen Twelve Polk, LLC) | Zone Change Staff Report Page 9 of 11 Public Schools: The subject property is within Eugene School District 4J and is within the district boundary of Chavez Elementary School, Arts and Technology Academy, and Churchill High School. As access to schools is evaluated on a district wide basis, the property’s location within the school district demonstrates the minimum level of urban service is met. Based on this evaluation, 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… EC 9.8865(5): In cases where the NR zone is applied… 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) does not apply because the residential siting requirements are for the R-1.5 zone. 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 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. 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. June 4, 2019 Z 19-6 (Sixteen Twelve Polk, LLC) | Zone Change Staff Report Page 10 of 11 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 R-2 zoning remains consistent with its medium-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 R-1 Low-density Residential/WR to R-2, Medium-Density Residential/WR for the subject property. The existing Water Resources Conversation overlay zone (/WR) will remain on 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 for review prior to the public hearing. These materials will also be made available for review at the public hearing. Attchment A - Public Testimony (Commenter 1) Attchment B - Public testimony and Staff Response (Commenter 2) Attchment C - Excerpt from City Ordinance 20351 – Exhibit D: List of /WR Affected Lots For more information, please contact Jeff Gepper, Assistant Planner, Planning Division, at: (541) 682- 5282; or by e-mail, at: JGepper@eugene-or.gov. June 4, 2019 Z 19-6 (Sixteen Twelve Polk, LLC) | Zone Change Staff Report Page 11 of 11  Z-19-6 Attachment A From: Paul Conte To: GEPPER Jeffrey A Cc: Ted Coopman Subject: Re: Please post complete application materials in Z 19-6 for public review Date: Tuesday, April 23, 2019 6:18:53 PM Thanks for the documents Jeff. Please acknowledge receipt of this message and enter it into the record for Z 19-6 Three follow-up items: 1. The revised narrative does not actually provide substantial evidence to meet the applicant's burden of proof to demonstrate conformance with EC 9.8865(2). The applicant merely asserts conformance: "The proposed zone change to R-2 medium density residential is consistent with the recognized use of the subject property in the refinement plan and with the specification that area 14 is appropriate for low-medium density residential density residential development." a) There is no legal import of the statement that "R-2 medium density residential is consistent with the recognized use of the subject property in the refinement plan" with respect to the criterion in EC 9. 8865(2). Past use has no bearing on whether a new zone would be consistent with plan designation(s). b) The remainder of statement, i.e., that "R-2 medium density residential is consistent ... with the specification that area 14 is appropriate for low-medium density residential ... development" is inconsistent on its face. "[M]edium density" is clearly not the same as "low-medium density"; otherwise the elected officials would not have needed to use two different terms through the adopted refinement plan. The applicant must provide substantial evidence that the maximum density of "low- medium density" range is the same as the maximum density of the "medium density" range. Neither the applicant nor the staff can simply say that this is the case without providing supporting evidence that this is what the City Council intended, rather than what the context indicates, i.e., that the "low-medium density" range comprises some portion in the middle of the combined low and medium density ranges. On the face of it, the choice to create a new density range and to use a hyphenated term, i.e., "low-medium" rather than a conjunctive term, such as "low and medium density," is evidence that the new range is not the union of "the low density" and medium density ranges." The Planning staff would be advised to also heed what the applicant has actually requested, i.e.: "The applicant requests a zone change from R-1 Low Density Residential to R- 2 low-medium density residential for the property located at 1612 Polk Street in Eugene." (Page 1 of the narrative; emphasis added.) "[T]he proposed R-2 Low-Medium Density Residential zoning of the subject property is consistent with ... the Jefferson [sic] Refinement Plan designation of "Low-Medium Density Residential ...." (Page 4; emphasis added)  Z-19-6 Attachment A The proper finding is that R-2/24 is both necessary to conform with EC 9. 8865(2) and would accommodate the applicant's repeated request for an "R-2 low-medium density residential" zone. In contrast, approving the R-2 zone with no /# overlay or condition of approval limiting future development would be an error. 2. The revised narrative does not actually provide substantial evidence to meet the applicant's burden to demonstrate conformance with EC 9.8865(3). The applicant's sole evidence for conformance is that the existing fifteen very small apartments are served by, and "will continue to utilize this existing infrastructure." However, an R-2 zone with no overlay would allow seventeen substantially larger apartments. The applicant must provide some evidence-based analysis of the "uses and density that will be allowed under" R-2, particularly without a /24 overlay. The allowable increase in the number of bedrooms, and hence residents, would require substantially more water and sewer service; and the potential for increased storm water runoff into the /WR area could also be significant. The applicant must address these issues. The only way that the applicant's evidence regarding existing use could be adequate is if there were a condition of approval that future development must be limited to no more than fifteen dwellings of comparable size and configuration. 3. With respect to the existing /WR overlay, I don't see any site plan that depicts the/WR "Conservation Area" for the subject property. This is necessary to evaluate whether the existing development is non-conforming, and what would be "allowable" under the proposed zoning. The applicant's statement that he doesn't seek to remove the /WR overlay is inadequate to demonstrate that zone change would conform to the /WR "use" limitations. For example, if the entire lot is in the Conservation Area, then residential development under R-2 would not be allowed. The applicant must provide specific information regarding the /WR overlay, the applicable Conservation Area and demonstrate how the zone change would conform. Paul Conte 1461 W. 10th Ave. Eugene, OR 97402 _________________ Accredited Earth Advantage Sustainable Homes Professional On Tue, Apr 23, 2019 at 3:31 PM GEPPER Jeffrey A <jgepper@eugene-or.gov> wrote: Good Afternoon Paul, The file is currently being routed for scanning. For your convenience, please see the attached letter of completeness and the supplemental materials that were submitted by the applicant. We will now begin our evaluation of the application in preparation for the public hearing on June 12 at 5:00p. A staff report and relevant materials will be published 7 days prior to the public hearing. Please contact me with any further comments or questions.  Z-19-6 Attachment A Thank you, Jeff Gepper, Assistant Planner City of Eugene | Planning & Development jgepper@eugene-or.gov 541.682.5282 From: Paul Conte [mailto:paul.t.conte@gmail.com] Sent: Monday, April 22, 2019 5:43 PM To: GEPPER Jeffrey A <jgepper@eugene-or.gov> Cc: Ted Coopman <jwneugene@gmail.com> Subject: Please post complete application materials in Z 19-6 for public review Jeff, I note the Z 19-6 application was deemed complete on April 19 and the public hearing has been scheduled for June 12. Would you please ensure that all application materials (e.g., the applicant's response to the "incomplete" letter) are posted to the City's on-line "Land Use Application Information" website promptly. If there are application materials that you do not expect will be posted within two days after they are received, pleas advise me so that I can make arrangements to review them at the Planning Division. Thank you, Paul _________________ Accredited Earth Advantage Sustainable Homes Professional Z-19-6 Attachment A  Z-19-6 Attachment A From: Paul Conte To: GEPPER Jeffrey A Subject: Re: Please provide application and associated documents for Z 19-6 Date: Friday, April 19, 2019 12:00:10 PM Jeff, Thank you for the packet. Please acknowledge receipt and enter into the record for Z 19-6 A couple of suggestions: 1. Although the applicant's attorney should be well aware of the applicable statutes and code provisions; as a courtesy to the applicant, you may want to be sure the attorney understands that the requirements for addressing an "incomplete" status are very specific, i.e.: (1) All missing or incomplete materials requested by the City; or (2) Some of the missing or incomplete materials requested by the City and a written statement from the applicant that none of the other missing information will be provided; or (3) A written statement from the applicant indicating that none of the missing information will be provided. Recently some of your colleagues have apparently not made this clear, and applicants have not complied. For example, sending an e-mail to request that an application be "forced complete" has no legal foundation. 2. Applicants should be aware that if they choose either alternative (2) or (3) they are making a legal commitment that "none of the other/missing information will be provided." The statutes do not allow the applicant to dodge the 180-day rule by breaching this commitment and submitting "missing" information after the deadline. 3. As a courtesy to the applicant, you may want to remind them that EC 9.7085 and 9.8865 places the burden of proof on the applicant to demonstrate that the proposed zone change is consistent with the “Low-Medium Density Residential” plan designation. EC 9.7085 Quasi-Judicial Hearings- Burden of Proof. The burden of proof is upon the applicant. A decision to resolve the issues presented shall be based upon reliable, probative and substantial evidence in the record. 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 letter to the applicant states: "2) In your proposal statement, you state that the site is designated for “medium density residential” development in both that plan [Jefferson/Far West Refinement Plan] and the Metro Plan. The Jefferson/Far West Refinement Plan designates the general future use as “low-medium density residential”. Please clarify this fact in the appropriate locations throughout your written narrative."  Z-19-6 Attachment A Although the applicant's attorney should be well aware of the applicable statutes and code provisions, he may misconstrue the limited requirement the letter states as implicitly not requiring any evidence to support a zone change that would allow 29 du/na. There should be no question that the “Low-Medium Density Residential” plan designation must be given a distinct meaning. The text of the plan doesn't clarify this; however, the context of the plan and existing development support an interpretation that this designation is for a density range somewhere in the middle of zero to 28.56 du/na, as I've described in my prior testimony. Unless the applicant is able to find and submit to the record reliable, probative and substantial evidence to meet his burden of proof -- and not just his attorney's argument, unsupported by such evidence -- then the City cannot approve an R-2 zone without a defensible /# overlay or /24 or less. I have not yet examined the applications conformance with the /WR overlay. Except for issues that may arise regarding the /WR overlay, as long as the applicant follows the regulations regarding "completeness" and agrees to a /24 overlay, I doubt there would be any objection to approval by me or the Jefferson Westside Neighbors. Thank you, Paul _________________ Accredited Earth Advantage Sustainable Homes Professional On Fri, Apr 19, 2019 at 10:27 AM GEPPER Jeffrey A <jgepper@eugene-or.gov> wrote: Good Morning Paul, I am not sure if the information has been scanned for the file upload online. Please see the attached completeness review letter/packet from April 12, 2019. Thank you, Jeff Gepper, Assistant Planner City of Eugene | Planning & Development jgepper@eugene-or.gov 541.682.5282 From: Paul Conte [mailto:paul.t.conte@gmail.com] Sent: Wednesday, April 17, 2019 6:10 PM To: GEPPER Jeffrey A <jgepper@eugene-or.gov>  Z-19-6 Attachment A Subject: Re: Please provide application and associated documents for Z 19-6 Jeff, Could you please provide or post a copy of the "Completeness review" letter of 4/12. Thanks, Paul _________________ Accredited Earth Advantage Sustainable Homes Professional On Tue, Apr 9, 2019 at 11:18 AM GEPPER Jeffrey A <jgepper@eugene-or.gov> wrote: Good Morning Paul, The land use application Z 19-6 has been up loaded to the City’s website and can be viewed via our Land Use Application Search. Click HERE to visit the application search website. Search by file number and choose “Zone Change” and enter file number 19 – 006. Let me know if you have any trouble accessing the files. Cheers, Jeff Gepper | Assistant Planner  Z-19-6 Attachment A City of Eugene | Planning & Development jeffrey.a.gepper@ci.eugene.or.us 541.682.5282 From: GEPPER Jeffrey A Sent: Monday, April 08, 2019 3:51 PM To: Paul Conte <paul.t.conte@gmail.com> Subject: RE: Please provide application and associated documents for Z 19-6 I have checked with our administrative staff and the permit is currently being scanned and going through the intake process. I will be sure to let you know when the materials are available either online or on my desk. Thank you, Jeff Gepper | Assistant Planner City of Eugene | Planning & Development jeffrey.a.gepper@ci.eugene.or.us 541.682.5282 From: GEPPER Jeffrey A Sent: Monday, April 08, 2019 11:38 AM To: 'Paul Conte' <paul.t.conte@gmail.com> Subject: RE: Please provide application and associated documents for Z 19-6 Good Morning Paul, Thank you for your email. I will be sure to provide you with a copy of the application materials or let you know when the materials are made available online. I am currently waiting for the materials to be scanned or uploaded as well. I will see where we are in  Z-19-6 Attachment A that process and get back to you later today. Have a great Monday. Thanks, Jeff Gepper | Assistant Planner City of Eugene | Planning & Development jeffrey.a.gepper@ci.eugene.or.us 541.682.5282 From: Paul Conte [mailto:paul.t.conte@gmail.com] Sent: Monday, April 08, 2019 11:33 AM To: GEPPER Jeffrey A <jgepper@eugene-or.gov> Cc: Ted Coopman <jwneugene@gmail.com> Subject: Please provide application and associated documents for Z 19-6 Jeff, This application was received last Thursday (April 4), but no documents are posted on the City's website. Could you please provide me the application and associated documents for Z 19-6 or have them posted today. Thank you, Paul Conte 1461 W. 10th Ave. Eugene, OR 97402  Z-19-6 Attachment A 541.344.2552 _________________ Accredited Earth Advantage Sustainable Homes Professional  Z-19-6 Attachment A From: Paul Conte To: GEPPER Jeffrey A Subject: Re: Please provide application and associated documents for Z 19-6 Date: Friday, April 19, 2019 12:17:33 PM Jeff, Please note and record a correction to a "typo." "... a zone change that would allow 29 du/na" should be "a zone change that would allow 28 du/na." Thank you. _________________ Accredited Earth Advantage Sustainable Homes Professional On Fri, Apr 19, 2019 at 12:03 PM GEPPER Jeffrey A <jgepper@eugene-or.gov> wrote: Thank you Paul, Your comments have been received and will be made part of the record as evaluated during staff’s evaluation of the application standards for Zone Changes. Comments will also be included as part of our materials provided to the public and Hearings Official for the public hearing. Thank you, Jeff Gepper, Assistant Planner City of Eugene | Planning & Development jgepper@eugene-or.gov 541.682.5282 From: Paul Conte [mailto:paul.t.conte@gmail.com] Sent: Friday, April 19, 2019 12:00 PM To: GEPPER Jeffrey A <jgepper@eugene-or.gov> Subject: Re: Please provide application and associated documents for Z 19-6 Jeff,  Z-19-6 Attachment A Thank you for the packet. Please acknowledge receipt and enter into the record for Z 19-6 A couple of suggestions: 1. Although the applicant's attorney should be well aware of the applicable statutes and code provisions; as a courtesy to the applicant, you may want to be sure the attorney understands that the requirements for addressing an "incomplete" status are very specific, i.e.: (1) All missing or incomplete materials requested by the City; or (2) Some of the missing or incomplete materials requested by the City and a written statement from the applicant that none of the other missing information will be provided; or (3) A written statement from the applicant indicating that none of the missing information will be provided. Recently some of your colleagues have apparently not made this clear, and applicants have not complied. For example, sending an e-mail to request that an application be "forced complete" has no legal foundation. 2. Applicants should be aware that if they choose either alternative (2) or (3) they are making a legal commitment that "none of the other/missing information will be provided." The statutes do not allow the applicant to dodge the 180-day rule by breaching this commitment and submitting "missing" information after the deadline. 3. As a courtesy to the applicant, you may want to remind them that EC 9.7085 and 9.8865 places the burden of proof on the applicant to demonstrate that the proposed zone change is consistent with the “Low- Medium Density Residential” plan designation. EC 9.7085 Quasi-Judicial Hearings- Burden of Proof. The burden of proof is upon the applicant. A decision to resolve the issues presented shall be based upon reliable, probative and substantial evidence in the record. 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.  Z-19-6 Attachment A The letter to the applicant states: "2) In your proposal statement, you state that the site is designated for “medium density residential” development in both that plan [Jefferson/Far West Refinement Plan] and the Metro Plan. The Jefferson/Far West Refinement Plan designates the general future use as “low-medium density residential”. Please clarify this fact in the appropriate locations throughout your written narrative." Although the applicant's attorney should be well aware of the applicable statutes and code provisions, he may misconstrue the limited requirement the letter states as implicitly not requiring any evidence to support a zone change that would allow 28 du/na. There should be no question that the “Low-Medium Density Residential” plan designation must be given a distinct meaning. The text of the plan doesn't clarify this; however, the context of the plan and existing development support an interpretation that this designation is for a density range somewhere in the middle of zero to 28.56 du/na, as I've described in my prior testimony. Unless the applicant is able to find and submit to the record reliable, probative and substantial evidence to meet his burden of proof -- and not just his attorney's argument, unsupported by such evidence -- then the City cannot approve an R-2 zone without a defensible /# overlay or /24 or less. I have not yet examined the applications conformance with the /WR overlay. Except for issues that may arise regarding the /WR overlay, as long as the applicant follows the regulations regarding "completeness" and agrees to a /24 overlay, I doubt there would be any objection to approval by me or the Jefferson Westside Neighbors. Thank you, Paul _________________ Accredited Earth Advantage Sustainable Homes Professional  Z-19-6 Attachment A On Fri, Apr 19, 2019 at 10:27 AM GEPPER Jeffrey A <jgepper@eugene-or.gov> wrote: Good Morning Paul, I am not sure if the information has been scanned for the file upload online. Please see the attached completeness review letter/packet from April 12, 2019. Thank you, Jeff Gepper, Assistant Planner City of Eugene | Planning & Development jgepper@eugene-or.gov 541.682.5282 From: Paul Conte [mailto:paul.t.conte@gmail.com] Sent: Wednesday, April 17, 2019 6:10 PM To: GEPPER Jeffrey A <jgepper@eugene-or.gov> Subject: Re: Please provide application and associated documents for Z 19-6 Jeff, Could you please provide or post a copy of the "Completeness review" letter of 4/12. Thanks, Paul _________________ Accredited Earth Advantage  Z-19-6 Attachment A Sustainable Homes Professional On Tue, Apr 9, 2019 at 11:18 AM GEPPER Jeffrey A <jgepper@eugene- or.gov> wrote: Good Morning Paul, The land use application Z 19-6 has been up loaded to the City’s website and can be viewed via our Land Use Application Search. Click HERE to visit the application search website. Search by file number and choose “Zone Change” and enter file number 19 – 006. Let me know if you have any trouble accessing the files. Cheers, Jeff Gepper | Assistant Planner City of Eugene | Planning & Development jeffrey.a.gepper@ci.eugene.or.us 541.682.5282 From: GEPPER Jeffrey A Sent: Monday, April 08, 2019 3:51 PM To: Paul Conte <paul.t.conte@gmail.com> Subject: RE: Please provide application and associated documents for Z 19-6 I have checked with our administrative staff and the permit is currently being scanned and going through the intake process. I will be sure to let you know when the materials are available either online or on my desk.  Z-19-6 Attachment A Thank you, Jeff Gepper | Assistant Planner City of Eugene | Planning & Development jeffrey.a.gepper@ci.eugene.or.us 541.682.5282 From: GEPPER Jeffrey A Sent: Monday, April 08, 2019 11:38 AM To: 'Paul Conte' <paul.t.conte@gmail.com> Subject: RE: Please provide application and associated documents for Z 19-6 Good Morning Paul, Thank you for your email. I will be sure to provide you with a copy of the application materials or let you know when the materials are made available online. I am currently waiting for the materials to be scanned or uploaded as well. I will see where we are in that process and get back to you later today. Have a great Monday. Thanks, Jeff Gepper | Assistant Planner City of Eugene | Planning & Development jeffrey.a.gepper@ci.eugene.or.us 541.682.5282 From: Paul Conte [mailto:paul.t.conte@gmail.com]  Z-19-6 Attachment A Sent: Monday, April 08, 2019 11:33 AM To: GEPPER Jeffrey A <jgepper@eugene-or.gov> Cc: Ted Coopman <jwneugene@gmail.com> Subject: Please provide application and associated documents for Z 19-6 Jeff, This application was received last Thursday (April 4), but no documents are posted on the City's website. Could you please provide me the application and associated documents for Z 19-6 or have them posted today. Thank you, Paul Conte 1461 W. 10th Ave. Eugene, OR 97402 541.344.2552 _________________ Accredited Earth Advantage Sustainable Homes Professional  Z-19-6 Attachment A From: Paul Conte To: GEPPER Jeffrey A Cc: Ted Coopman Subject: Testimony re Z 19-6 (Sixteen Twelve) Date: Tuesday, April 09, 2019 12:05:25 PM April 9, 2019 Jeffrey, Please acknowledge receipt of this email and add it to the record for Z 19-6 (Sixteen Twelve). The Zone Change should be approved ONLY with a /24 overlay zone in order to be consistent with the Jefferson/Far West Refinement Plan designation of "Low- Medium Density Residential" and the applicable policy of "appropriate for low- to medium density residential development." The Metro Plan Diagram designates the subject lot as "Medium Density Residential," which is one of three residential density ranges: "Low," "Medium" and "High." The Jefferson/Far West Refinement Plan similarly has the same three density ranges ("Low," "Medium" and "High"), but also refines the Metro Plan Diagram by adding a fourth density range "Low-Medium Density Residential." Unfortunately, the Jefferson/Far West Refinement Plan doesn't provide an explicit minimum and maximum density. By statutory construction, the interpretation of the plan must give some meaning to "Low-Medium Density Residential" since it was adopted by the Eugene City Council and acknowledged by DLCD. For purposes of this testimony, there's no need to determine what the minimum of the range should be; the only issue is what the maximum should be. To not conflict with the Metro Plan MDR designation maximum, the maximum cannot be lower than 14.28 dwellings per net acre (du/na), but cannot be as high as 28.56 du/na because that would not give meaning to ""Low-Medium" being a distinct range somewhere in the middle of the "Low" plus "Medium" ranges. For purposes of this proposed zone change, there are two reasonable bases for determining an appropriate maximum for the "Low-Medium Density" range: The mid-point of the Medium Density range, i.e., 21.42 du/na; or The density of the existing 15 dwelling development, i.e., 23.8 du/na Without establishing for certain what the precise intent of the City Council was in adopting this range, it would be defensible from all sides to use the higher value, which is based on the development that has been in place for many years. And, because the /# overlay zone doesn't allow fractional values, the appropriate overlay is /24, which would allow 15 dwellings on the site, but no more. Without this overlay, approving the zone change to R-2 (with no overlay) would not conform to EC 9.8865(2) and run afoul of the Oregon Supreme Court decision in Baker v. City of Milwaukie (21 OR 500 (1975)), which states: “We further hold that the zoning decisions of a city must be in accord with that plan and a zoning ordinance which allows a more intensive use than that prescribed in the plan must fail.” Finally, it should be noted that the applicant's attorney has submitted false  Z-19-6 Attachment A information regarding the applicable designation and policy in the efferson/Far West Refinement Plan: "The property has been recognized as having "Medium-High Density Residential" development on it since the adoption of the Jefferson/Far West Refinement Plan in 1982. It is designated for 'medium density residential' development in both that plan and the Metro Plan. The proposed zone change will conform the zoning on the subject property to these Metro Plan designations." Page 1 of the narrative. "The proposed zone change to R-2 medium-density is consistent with the recognized use of the subject property in the refinement plan and with the specification that area 14 is appropriate for medium density residential development. Accordingly, this criterion is satisfied." Page 2 in the narrative. The site is explicitly NOT "designated for 'medium density residential' development in" the Jefferson/Far West Refinement Plan, and the policy for Area 14 explicitly does NOT state that "area 14 is appropriate for medium density residential development." The applicant should be required to correct these false statements in the application. Paul Conte 1461 W. 10th Ave. Eugene, OR 97402 541.344.2552 _________________ Accredited Earth Advantage Sustainable Homes Professional  Z-19-6 Attachment B June 4, 2019 Tom E. Dunn 1150 W 15th Ave, Apt. 308 Eugene, OR 97402 RE: Zone Change Z-19-6(Sixteen Twelve Polk, LLC) Thank you for your interest and comments regarding the proposed zone change (Z-19-6) at 1612 Polk Avenue in the City of Eugene. I would like to let you know that your comments were received and considered seriously. Based on our review, our notice meets all requirements of the noticing requirements of Eugene Code (EC) 9.7315(3). The associated map is provided as a courtesy to help provide visual reference. Based on this fact and after conferring with the applicant and city staff, the public hearing will still be held on Wednesday, June 12, 2019. In response to your statement about the existence of W. 16th Avenue, West of Polk Street; the W. 16th Avenue right-of-way/street exists to provide vehicular access to 1325 and 1345 W. 16th Avenue. This portion of the right-of-way is shared with the Fern Ridge Trail. I am sorry to hear that you found our notice to be inadequate. Our intent is always to provide our citizens with accurate and adequate information. For your convenience, I have a more detailed map of the subject property for reference. I have included several copies so that you can share them with any interested neighbors you referenced in your letter. Your testimony will be submitted into the record, as will this letter of response. If you would like to provide any further written comment to be included in our staff report, please make sure it is received prior to June 5, 2019. Otherwise, you are welcome to attend and submit verbal or written testimony at the public hearing on June 12, 2019 at 5:00 pm in the Sloat Room, Atrium Building, 99 W. 10th Avenue. I hope this helps and please do not hesitate contact me directly with any further questions. Sincerely, Jeff Gepper Assistant Planner jgepper@eugene-or.gov | 541.682.5282 Page 1 of 1  Z-19-6 (Sixteen Twelve Polk) VICINITY MAP Z-19-6 Attachment B TAYLOR ST FERN RIDGE TRAIL / W 16TH AVE Amazon Head AMAZON CHANNE L Amazon Head POLK ST W 17TH AVE Subject Property TAYLOR ST I-5 W 17TH AVE I-5 UGB ´ Goal 5 Riparian Area Caution: This map is based on imprecise ´ source data, subject to change, Subject Property Feet and for general reference only. 0 25 50 100 May 2019 Z-19-6 Attachment B  Exhibit D to Ordinance No. 20351 List of Properties to be Rezoned by the City (  Exhibit D to Ordinance No. 20351 List of Properties to be Rezoned by the City Part I- Properties entirely within Eugene city limits subject to addition of /WR Water Resources Conservation Overlay Zone: Assessor's City/County/ 1604353407900 city_ 1703082302600 city MC!£_/Tax Lot# Partial 1604353408000 city 1703082304000 city 1604353004400 city 1604353408100 city 1703082304100 city 1604353004500 city 1604353408200 city 1703082304200 city 1604353004600 city 1604353408300 ci!Y_ 1703082304700 city 1604353004700 city 1604353408500 city 1703082304800 city 1604353004800 city 1604353408600 city 1703082304900 city 1604353004900 city 1604353408700 city 1703082305000 city 1604353005000 city 1604353408800 ci!Y_ 1703083206200 city 1604353005100 city 1604353408900 city 1703083206300 city 1604353005200 city 1604353409000 city 1703083206400 city 1604353005300 city 1604353409100 city 1703083206500 city · 1604353005400 city 1604353409200 ci!Y_ 1703083206600 city 1604353005500 city 1604353409300 city 1703083206800 city 1604353005600 city 1604353409400 city 1703083206900 city 1604353005800 city 1604353412500 city 1703083207400 city 1604353005900 city 1604353412600 city_ 1703083207500 city 1604353006000 city 1604354408100 city 1703083207600 city 1604353006100 city 1604354408200 city 1703083207700 city 1604353006200 city 1604354408300 city_ 1703083207800 city 1604353006300 city 1703070001203 city 1703083207900 city 1604353011200 city 1703070001206 city 1703083208000 city 1604353101400 city 1703070001208 city 1703083208100 city 1604353101500 city 1703070001209 city 1703083208600 city 1604353101600 city 1703070001301 city_ 1703083300800 city 1604353101700 city 1703082200907 city 1703083300900 city 1604353101800 city 1703082200909 city 1703083301103 city 1604353101900 city 1703082200916 city 1703083301104 city 1604353102000 city 1703082200917 ci!Y_ 1703083301105 city 1604353102100 city 1703082301300 city 1703083301106 city 1604353105400 city 1703082301400 city 1703083301107 city 1604353105500 city 1703082301500 city 1703083301108 city 1604353105600 city 1703082301700 ci!}' 1703083301109 city 1604353402100 city 1703082301802 city 1703083301110 city 1604353402800 city 1703082301900 city 1703083301111 city 1604353402900 city 1703082302007 city 1703083301167 city 1604353403000 city 1703082302008 ci!Y_ 1703083301168 city 1604353403100 city 1703082302009 city 1703083301169 city 1604353406100 city 1703082302010 city 1703172200101 city 1604353406200 city 1703082302011 city 1703172200102 city ( Exhibit D - 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