Hearings Official Public Hearings

AGENDA Meeting Location Virtual Meeting Phone: 541-682-5377 (See instructions below*) https://www.eugene-or.gov/406/Hearings-Official The Eugene Hearings Official welcomes your interest in this agenda item. As this meeting is being held virtually, feel free to join in and go as you please during the meeting. For questions about accessing the virtual meeting, see the instructions* below or contact the Planning Division: (541)682-5282. WEDNESDAY, April 1, 2020 – 5:30 pm I. Public Hearing: North Eugene High School Zone Change (Z-20-2) Request: To remove a /SR Site Review Overlay Zone from the subject property Owner/Applicant: Eugene School District 4J Representative: Zach Galloway, TBG Architects + Planners Assessor’s Map/Tax Lot: 17-04-14-13 / 00100 Address / Location: 200 Silver Lane / North Eugene High School Site Lead City Staff Jeff Gepper, Associate Planner, Planning Division  541-682-5282  JGepper@eugene-or.gov *IMPORTANT NOTE: To take preventative measures for community members and staff safety against the spread of COVID-19, this public hearing will be performed virtually. No interested parties may attend the public meeting in person. Instead, staff has provided alternative opportunities for interested parties to participate and stay safe. Therefore, the following opportunities are available to participate in this land use process:  Join the Public Hearing: You will have the opportunity to review and provide verbal testimony. o By Computer: Enter the following link into your web browser: https://www.gotomeet.me/JeffGepper/eugene-hearings-official-april-1-2020 o By Phone: Please call +1-646-749-3129 or Toll Free +1-877-568-4106 (US)  Watch a video of the Public Hearing: A video of the public hearing will be available the day after the scheduled public hearing. A link to the video will be available on the following website: https://www.eugene-or.gov/406/Hearings-Official  Submit written testimony: You may submit written testimony by email to JGepper@eugene-or.gov or by mail to Planning Division, c/o Jeff Gepper, 99 W 10th Avenue, Eugene, OR 97405. Written Testimony must be received by 5:30 on Wednesday, April 8, 2020. If you need any help with these options for participation, please do not hesitate to contact Jeff Gepper with any questions at 541-682-5282 or 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 4. opponents of the proposal. 5. Public testimony from those in opposition to application. 6. Staff response to testimony. 7. Questions from Hearings Official. 8. Rebuttal testimony from applicant. 9. Closing of public hearing. The Hearings Official will not make a decision at this hearing. In order to facilitate public participation in this land use process, the record for this application will remain open for an additional seven days, closing at 5:30 on Wednesday, April 8, 2020. 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, please contact the lead City staff noted above. The decision will also be posted at https://www.eugene-or.gov/406/Hearings-Official.  Atrium Building 99 West 10th Avenue Eugene, Oregon 97401 Phone: 541-682-5377 Fax: 541-682-5572 www.eugene-or.govPLanning ZONE CHANGE STAFF REPORT File Name (Number): North Eugene High School (Z-20-2) Applicant’s Representative: Zach Galloway, TBG Architects + Planners Applicant/Owner: Eugene School District 4J Applicant’s Request: Zone change request to remove a /SR Site Review overlay zone from the subject property, which is currently zoned PL Public Lands with a /SR Site Review overlay zone. Subject Property: Address: 200 Silver Lane Assessor’s Map/Tax Lot: 17-04-14-13 / 00100 Size: Approximately 35.8 acres Location: South side of Silver Lane, west of River Road Relevant Dates: Application submitted on January 23, 2020; application deemed complete on February 14, 2020; public hearing scheduled for April 01, 2020 Lead City Staff: Jeff Gepper, Associate Planner, Eugene Planning Division, Phone: (541) 682-5282 Recommendation Based on the findings included in this staff report, we recommend that the Eugene Hearings Official approve the requested zone change to remove the /SR Site Review overlay zone from the subject property. _____________________________________________________________________________________________ April 2020 North Eugene High School (Z 20-2) Page 1 of 8 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). _____________________________________________________________________________________________ April 2020 North Eugene High School (Z 20-2) Page 2 of 8 Present Request The subject property is currently zoned PL Public Lands with a /SR Site Review overlay zone. The applicant is requesting a zone change on the subject property to remove a /SR Overlay zone. The subject property is designated as Government & Education by the Metro Plan and the River Road-Santa Clara Urban Facilities Plan. The /SR overlay zone was applied to the subject property in 1992 via a concurrent Annexation and Zone Change application (City File: AZ-92-4). The subject property is located at 200 Silver Lane (Assessor’s Map / Tax Lot: 17-04-14-13 / 00100) and is approximately 35.8 acres. It is currently developed with educational related uses, which include North Eugene High School, Corridor Elementary School, Yujin Gakuen Japanese Immersion Elementary School, the Swede Johnson Stadium, and other various recreation and school related development. The property is primarily surrounded by single family residential development to the north, west, and south. A mixture of multi-family residential and commercial is located to the east. A map of subject property and zoning can be seen in Attachments A and B. Procedure, Public Notice, and Agency Referrals Application Submitted January 23, 2020 Application Application Complete February 14, 2020 Timeline Public Notice Mailed March 02, 2020 Public Hearing April 01, 2020 Table 1: Relevant Application Dates 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 publish 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 incorporated and addressed in the context of applicable approval criteria and standards in the following evaluation. _____________________________________________________________________________________________ April 2020 North Eugene High School (Z 20-2) Page 3 of 8 Zone Change Evaluation The Hearings Official will review this application for a zone change and consider relevant evidence and testimony as to whether the proposed change is consistent with the applicable approval criteria, which are shown below in bold typeface. To assist the Hearings Official in making a decision on this zone change request, Staff’s findings in response to each of the criteria are provided below. EC 9.8865: Zone Change Approval Criteria (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 government & education. While the proposed zone change would remove the /SR overlay zone, the subject property’s base zone will remain PL Public Lands. Per EC 9.2680, the PL zone is intended for public and semi-public uses that are designed to implement the comprehensive plan by providing areas for government services and education. Therefore, the PL zone is consistent with the Metro Plan’s government & education designation. The /SR overlay provides an opportunity for additional oversight on development related to character, harmony, and the on-site environment, but does not impact the allowed uses on a development site. Therefore, as the PL zone will remain, the removal of the /SR overlay zone will not impact the consistency between the base zone and Metro Plan designation. There appear to be no Metro Plan policies or provisions that serve as mandatory approval criteria for the proposed zone change. To the extent that any Metro Plan policies or provisions are relevant, the proposed zone change is consistent with these policies. Based on these findings, this criterion is satisfied. (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. The Refinement Plan’s Land Use Diagram designate the subject property as Government & Education, which is consistent with the Metro Plan designation. As discussed under the previous criterion, the removal of the /SR overlay zone does not impact the consistency of the base zone and the Refinement Plan designation. While the Refinement Plan contains a section related to school in the Public Facilities & Services Element, there appears to be no policy directly related to this proposed zone change. However, the following policy is generally applicable to the proposed zone change: _____________________________________________________________________________________________ April 2020 North Eugene High School (Z 20-2) Page 4 of 8  Land Use Element – Policy 1.0: Minimize land use conflicts by promoting compatibility between land uses, especially among residential, commercial-industrial, and commercial-agricultural uses. The /SR overlay zone was applied to the subject property in 1992 via a concurrent Annexation and Zone Change application (City File: AZ-92-4). The /SR overlay was applied by the Planning Commission in an effort to mitigate any negative external impacts associated with the Swede Johnson Stadium and the Planning Commission assigned the overlay to those uses related to the stadium. As discussed in the applicant’s narrative, at the time the overlay was applied, the Site Review criteria for approval were much less robust than the current Site Review criteria after being updated in 2002. As part of those 2002 updates, there were significant updates to the standards for external lighting, signs, and environmental design. Given this fact, the intent when the /SR overlay was first applied is now met with the existing standards for development listed in the Land Use Code. Therefore, as the proposed zones change only includes the removal of a /SR overlay zone, it is not anticipated that this will have an impact related to minimizing land use conflicts and compatibility. Based on these findings, this criterion is satisfied. (3): The uses and density that will be allowed by the proposed zoning in the location of the proposed change can be served through the orderly extension of key urban facilities and services. Key urban facilities and services are defined in the Metro Plan as: wastewater service, stormwater service, transportation, water service, fire and emergency medical services, police protection, City-wide parks and recreation programs, electric service, land use controls, communication facilities, and public schools on a district-wide basis (see Metro Plan, page V-3). The following summary addresses the availability of these key urban services and facilities as required under this criterion. Wastewater: Public wastewater service is currently available via the lines within the Silver Lane. Stormwater: Public stormwater infrastructure located within Silver Lane. At the time of any future development, applicants must address all applicable stormwater management standards including flood control, water quality, oil control, easements, and operation and maintenance. Streets: The subject property has frontage on Silver Lane, which is a public street. Compliance with applicable street standards will be addressed at the time of any future development. 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 these services comply with City standards and EWEB requirements. _____________________________________________________________________________________________ April 2020 North Eugene High School (Z 20-2) Page 5 of 8 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 the surrounding grid street network. Numerous public transit stops are located along Silver lane adjacent to the subject property. Sidewalks are present along the property’s street frontage. Parks and Recreation: 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 telecommunication providers offer communication services throughout the Eugene/Springfield area. Therefore, these services may be accessed and this key urban service requirement is met. Public Schools: The subject property is owned by Eugene School District 4J and is occupied by two schools, a stadium, and other school associated uses. Further, 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. The proposed zone change will not impact the availability of the urban services listed above. Based on these findings, this criterion is satisfied. (4): The proposed zone change is consistent with the applicable siting requirements set out for the specific zone in: This criterion is not applicable because the proposed zone change does not include any new zone or addition of an overlay zone. (5): In cases where the NR zone is applied based on EC 9.2510(3)… This criterion is not applicable because the NR zone is not applied. OAR 660-012-0060: Transportation Planning Rule (TPR) Statewide Planning Goal 12-Transportation, 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)). _____________________________________________________________________________________________ April 2020 North Eugene High School (Z 20-2) Page 6 of 8  (1): If an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation (including a zoning map) would significantly affect an existing or planned transportation facility, then the local government must put in place measures as provided in section (2) of this rule, unless the amendment is allowed under section (3), (9), or (10) of this rule. The proposed zone change in this case, qualifies under subsection (9) which is addressed below. (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 2035 TSP is the City’s acknowledged local transportation system plan. Per Chapter 3: Needs Assessment and Evaluation of the 2053 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. Generally, because the 2035 TSP is based on the Metro Plan land use designations, any zone allowed within the land use designation is consistent with both the Metro Plan and the 2035 TSP. The proposed zoning of the subject property is consistent with its land use designation in the Metro Plan. Therefore, the zoning of the subject property is also consistent with the 2035 TSP. As the applicant has not requested an amendment of the Metro Plan designation and the proposed removal of the /SR overlay zone does not impact the consistency between the PL base zone and the government & education 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. _____________________________________________________________________________________________ April 2020 North Eugene High School (Z 20-2) Page 7 of 8 Staff Recommendation Consistent with the preceding findings of compliance with the zone change criteria at EC 9.8865 and the Transportation Planning Rule, and based on all available information as of the date of this report, staff recommends the Hearings Official approve the requested zone change to remove the /SR Site Review overlay zone from 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 13 th 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. The following attachments are provided for ease of reference: Attachment A: Subject Property Map Attachment B: Zoning Map For more information, please contact Jeff Gepper, Associate Planner, Planning Division, at: (541) 682-5282; or by e-mail, at: JGepper@eugene-or.gov. _____________________________________________________________________________________________ April 2020 North Eugene High School (Z 20-2) Page 8 of 8  Zone Change (Z-20-2): North Eugene High School Attachment A Subject Property ST EB BELTLIN ER STERLING DR E RD L EB B DR ING ELTL INE OF RP ESCALANTE ST DALTON DR SILVER SILVER LN LEA CT SILVER LN R MANI HI D KOURT DR Subject Property Caution: This map is based on Taxlots imprecise source data, subject to change, and for general reference only. ^ Created on 2/27/2020 by City of Eugene Planning Division 0 75 150 Ft 300 N  Zone Change (Z-20-2): North Eugene High School Attachment B Zoning ST EB BELTLIN ER STERLING DR E RD L EB B DR ING ELTL INE OF RP R-1 ESCALANTE ST DALTON DR GO SILVER C-2 SILVER LN LEA CT SILVER LN R-2 PL /SR AG R MANI HI D KOURT DR Subject Property Caution: This map is based on Zone Overlays imprecise source data, subject to change, and for general reference only. Zoning AG Agricultural ^ Created on 3/25/2020 by City of Eugene Planning Division C-2 Community Commercial GO General Office PL Public Land R-1 Low-Density Residential R-2 Medium-Density Residential 0 75 150 Ft 300 N