Hearings Official Public Hearings

AGENDA Meeting Location: Virtual Meeting (via Zoom) Phone: 541-682-5377 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) 682-5437. WEDNESDAY, JULY 08, 2020 – 5:00 p.m. I. Public Hearing: Delta Ponds (Z 20-5) Request: The applicant requests zone change approval to consolidate a combination of three base zones and two overlay zones; R-1 Low Density Residential, R- 2 Medium Density Residential, and C-2 Community Commercial with /PD Planned Unit Development and /WR Water Resources Conservation overlay zones to PL Public Land, to expand the /WR Water Resources Conservation Overlay zone to the entire tax lot, and to remove the /PD Planned Unit Development Overlay zone. Owner/Applicant: Rachel Vaicunas, City of Eugene Public Works Engineering Representative: Richard Satre, Schirmer Satre Group Assessor’s Map/Tax Lot: 17-03-18-33 / 05600 Address / Location: Delta Ponds Lead City Staff Rodney Bohner, Associate Planner, Planning Division 541-682-5437 RBohner@eugene-or.gov II. Public Hearing: Striker Field Park (Z 20-6 & ARA 20-8) Request: Zone change from R-1 Low Density Residential and R-2 Medium Density Residential with /PD Planned Unit Development and /ND Nodal Development overlay zones to PRO Park, Recreation, and Open Space with /ND Nodal Development overlay zone. The proposal also includes an adjustment review  request to modify maximum building setback standards within the /ND overlay zone in EC 9.4290(2). Owner/Applicant: Mark Kosmos PLA, CPSI; City of Eugene Parks and Open Space Representative: Colin McCarthy, AICP; Cameron McCarthy Landscape Architecture and Planning Assessor’s 17-03-16-21/ 00100, 00102 Map/Tax Lot: Address / Location: 3020 Grand Cayman Drive Lead City Staff Rodney Bohner, Associate Planner, Planning Division 541-682-5437 RBohner@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: HOW TO ACCESS THE MEETING x To join/watch the meeting from your computer, tablet or smartphone (allows participation in Public Comment): https://zoom.us/j/97090868661 x To join by phone (allows participation in Public Comment): Dial one of the below numbers and enter the Meeting ID: 970 9086 8661. Dial: +1-669-900-6833 or Toll Free 1-877-568-4106 (US) For higher quality, dial a number based on your current location. International numbers available: https://zoom.us/u/ab7KFga9yv x To Submit Written Testimony: You may submit written testimony by email to RBohner@eugene-or.gov or by mail to Planning Division, c/o Rodney Bohner, 99 W 10th Avenue, Eugene, OR 97405. Written Testimony must be received by the close of the public record. City of Eugene - Hearings Official Ph.: (541) 682-5877 https://www.eugene-or.gov/406/Hearings-Official Page 2  To sign-up to speak for Public Comment: o For those viewing the meeting on a computer, laptop, or other device, click once on the blue “hand” icon. o For those listening to the meeting on a phone, press *9 (Star-9) o All persons providing comment will be asked to provide their name, address, and whether they are in support, neutral, or in opposition to the application. Public Hearing Format 1. Staff introduction/presentation 2. Public testimony from applicant 3. *Public Testimony from others in support of application. 4. *Comments or questions from interested persons who are not proponents, nor opponents of the proposal (neutral persons). 5. *Public testimony from those in opposition to the application. 6. Staff response to testimony. 7. Questions from Hearings Official. 8. Rebuttal testimony from applicant. 9. Closing of public hearing. *Due to the virtual meeting platform, the order of speakers will be based on order that persons sign-up to speak, as opposed to the order noted above. For this reason, each person providing comment will be asked to state whether they are in support, neutral, or in opposition to the application. 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 record. To be notified of the Hearings Official’s decision, please contact the lead City staff noted above or provide public comment. The decision will also be posted at https://www.eugene-or.gov/406/Hearings-Official. City of Eugene - Hearings Official Ph.: (541) 682-5877 https://www.eugene-or.gov/406/Hearings-Official Page 3  Atrium Building 99 West 10th Avenue Eugene, Oregon 97401 Phone: 541-682-5377 Fax: 541-682-5572 www.eugene-or.gov/planning ZONE CHANGE STAFF REPORT File Name (Number): Delta Ponds (Z-20-5) Applicant’s Representative: Richard Satre AICP, ASLA, CSI; Satre Group Applicant/Owner: City of Eugene Applicant’s Request: The subject property includes a combination of three base zones and two overlay zones; R-1 Low Density Residential, R-2 Medium Density Residential, and C-2 Community Commercial with /PD Planned Unit Development and /WR Water Resource overlay zones. The applicant requests zone change approval to consolidate the base zones to PL Public Land, to expand the /WR Water Resources Conservation Overlay zone to the entire tax lot, and to remove the /PD Planned Unit Development Overlay zone. Subject Property: Assessor’s Map/Tax Lot: 17-03-18-33 / 5600 Size: Approximately 35.6 acres Location: Delta Ponds and Debrick Slough near Goodpasture Island Road and Delta Highway Relevant Dates: Application submitted on April 20, 2020; application deemed complete on May 19, 2020; public hearing scheduled for July 8, 2020 Lead City Staff: Rodney Bohner, Associate Planner, Eugene Planning Division, Phone: (541) 682-5437 Recommendation Based on the findings included in this report, staff recommend that the Eugene Hearings Official approve the requested zone change approval to PL Public Land with /WR Water Resources Conservation Overlay zone on the subject property. _____________________________________________________________________________________________ July 2020 Delta Ponds (Z 20-5) Page 1 of 9 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). Present Request The subject property is currently a combination of three base zones and two overlay zones; R-1 Low Density Residential, R-2 Medium Density Residential, and C-2 Community Commercial with /PD Planned Unit Development and /WR Water Resources Conservation overlay zones. As a single tax lot, the subject property is completely in public ownership and used as park land. The applicant is requesting a zone change to consolidate the base zones to PL Public Land, to expand the /WR Water Resources Conservation Overlay zone to the entire tax lot, and to remove the /PD Planned Unit Development Overlay zone. The subject property, located within the Goodpasture Island subarea of the Willakenzie neighborhood, is approximately 35.6 acres. It is currently partially developed with recreation _____________________________________________________________________________________________ July 2020 Delta Ponds (Z 20-5) Page 2 of 9 paths and amenities, but primarily consists of undeveloped wetlands. Land uses surrounding the Delta Ponds include the following: To the west of the Delta Ponds site is a residential Planned Unit Development (River Terrace Apartments on Tax Lot 101) and a commercial node along Goodpasture Island Road. Delta Highway runs through the eastern portion of the pond area punctuated by two cloverleaf intersections. East of the Delta Highway lies an extensive single-family residential neighborhood and south of the site lies a major commercial area. The subject property is designated as Public Land and Open Space by the Metro Plan and the Willakenzie Area Plan (WAP), the applicable neighborhood refinement plan. A map of subject property and zoning can be seen in Attachments A and B. Procedure, Public Notice, and Agency Referrals Application Submitted April 20, 2020 Application Application Complete May 19, 2020 Timeline Public Notice June 08, 2020 Public Hearing July 08, 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 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. Relevant Land Use History Lane County conveyed the subject property to the City of Eugene in 2005. The unusually shaped lot surrounding Delta Highway appears to have previously constituted highway right-of-way. Per EC 9.1070(4) Uncertainty of Zone Boundaries and Overlay Zone Boundaries, where a public way is vacated, the public way that is vacated is zoned consistent with the zone of the property to which the vacate area is attached, including any overlay zone(s). In this case, the long, narrow vacated right-of-way abutted a mix of base and overlay zones within the Goodpasture Island Region and zoned accordingly. In 2004, the City of Eugene Hearings Official approved a Willamette Greenway Permit request for the Delta Ponds habitat restoration and recreation improvements, including the creation of _____________________________________________________________________________________________ July 2020 Delta Ponds (Z 20-5) Page 3 of 9 proposed trails and pedestrian trails. This zone change is requested by the City of Eugene in advance of further park-land development, which includes the completion of the planned pedestrian trail loop and northern trail extension to Goodpasture Island Road. Zone Change Evaluation The Hearings Official will review the application for a zone change and consider relevant evidence and testimony as to whether the proposed change is consistent with the applicable criteria required for approval, shown below in bold typeface. To assist the Hearings Official in making a decision on the 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 Parks and Open Space. The Metro Plan defines Parks and Open Space as “including existing publicly owned metropolitan and regional scale parks and publicly and privately-owned golf courses and cemeteries in recognition of their role as visual open space (page II-G-9).” Per EC 9.2680, the PL Public Land 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 parks and open space designation. Per EC 9.4300, the /PD Planned Unit Development Overlay Zone 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, the removal of the /PD overlay zone will not impact the consistency between the base zone and Metro Plan designation. Per EC 9.4900, the /WR Water Resources Conservation Overlay Zone provides conservation of significant riparian, wetlands, and other water-related wildlife habitat areas included on the City’s adopted Goal 5 inventory. The applicant is proposing to retain the /WR overlay zone where it already exists and to apply the overlay to the remainder of the subject tax lot. Eugene City Council adopted the Goal 5 Water Resources Conservation Plan as a refinement of the Metro Plan in 2005 and further discussion is included below. However, the Metro Plan contains policies specific to Goal 5 requirements, which the /WR overlay implements through the adopted protective measures. Retention and additional aggregated application of the overlay to the subject tax lot is consist with these policies (page III-C-10). _____________________________________________________________________________________________ July 2020 Delta Ponds (Z 20-5) Page 4 of 9 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 the 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 Willakenzie Area Plan (WAP) is the adopted refinement plan for the subject property. The WAP’s Land Use Diagram designates the subject property as Parks and Open Space, which is consistent with the Metro Plan designation. As discussed under the previous criterion, the removal of the /PD overlay zone does not impact the consistency of the base zone and the WAP designation. While the refinement plan includes policies specific to the Goodpasture Island Subarea and Delta Ponds specifically, there appear to be no policies in the WAP that would serve as mandatory approval criteria applicable to the subject request or require further analysis as it relates to the proposed zone change.. However, despite not constituting approval criteria, the following policy is generally applicable to the proposed zone change: • Policy 9 of the Goodpasture Island Region land use element states: “The City shall ensure that zoning designations for publicly owned land, specifically for the Delta Ponds and Willamette Greenway areas, are consistent with the intended use of the property (page 45).” • Proposed Action 9.1 states that the City should, “Rezone properties of the Delta Ponds and areas along the Willamette River which are under City ownership from R-2/PD Limited Multi-Family Residential with Planned Unit Development procedures to PL Public Land (page 45).” The proposed zone change would remove the /PD overlay zone and apply the /WR overlay zone to the whole property. As the proposed zone change includes the removal of a /PD overlay zone, it is not anticipated that this will have an impact related to minimizing land use conflicts and compatibility. The partial /PD overlay zone was applied to the subject property in 2005 when the subject property adopted adjacent zoning through a right-of-way vacation. The application of the /WR overlay to the entire subject tax lot is consistent with the Goal 5 Water Resources Conservation Plan (Goal 5 Plan), a refinement of the Metro Plan. The Goal 5 Plan identifies the Goodpasture Island Slough at Delta Ponds (commonly referred to as Debrick Slough) (Site No. WKZ-5D and 5E) as locally significant, “Category A” wetland. The Goal 5 Plan recommends the application of the /WR overlay zone to these wetlands. _____________________________________________________________________________________________ July 2020 Delta Ponds (Z 20-5) Page 5 of 9 The proposed rezoning is consistent with the WAP regarding the proposed base zone and changes to the zoning overlays. The application of the /WR overlay is similarly consistent with the adopted Goal 5 Plan. 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 applicant provides statements in their written narrative that detail the availability of each service listed above. To summarize, the site currently has the necessary services because it is located in a developed area with easily accessed utility infrastructure and convenient public services. Public Works referral comments, which are available in the application file for reference, confirm that wastewater, stormwater, and streets can serve the subject property and compliance with specific standards will be ensured at the time of any future development. Based on these findings, this criterion 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: (e) EC 9.2681 Public Land Zone Siting Requirements. (u) EC 9.4915 /WR Water Resources Conservation Overlay Zone Siting Requirements Regarding the above criterion, EC 9.2681 Public Land Zone Siting Requirements and EC 9.4915 /WR Water Resources Conservation Overlay Zone Siting Requirements are applicable. EC 9.2681 Public Land Zone Applicability and Siting Requirements (2) Siting Requirements. In addition to the approval criteria in EC 9.8865 Zone Change Approval Criteria, the subject site must be land owned solely by a public agency or a non-profit organization established primarily to provide public uses listed in EC 9.2682(1). When public land is sold for private development, the property shall be _____________________________________________________________________________________________ July 2020 Delta Ponds (Z 20-5) Page 6 of 9  rezoned according to the procedures for zone changes beginning with and following section 9.8850 Purpose of Zone Changes. Regarding EC 9.2681, the proposed zone change is for a tax lot owned by the City of Eugene, a public agency. Therefore, the proposal complies with Public Land siting standard. EC 9.4915 /WR Water Resources Conservation Overlay Zone - Siting Requirements. The /WR overlay zone shall be applied to property that: (1) Is not already designated for protection or restoration by the West Eugene Wetlands Plan; (2) Meets the other approval criteria of EC 9.8865; and (3) Includes a Goal 5 Water Resource Site identified for conservation in the Goal 5 Water Resources Conservation Plan or includes land within the /WR Water Resources Conservation Area as described in EC 9.4920. Regarding EC 9.4915, the subject tax lot is outside of the West Eugene Wetlands Plan study area. As previously discussed at subsection (3), the slough is identified as locally significant and for protection. The Goal 5 Plan recommends applying the /WR overlay. Therefore, the proposal complies with the /WR siting standards. Based on these findings, this criterion is satisfied. EC 9.8865(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) 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)). (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; _____________________________________________________________________________________________ July 2020 Delta Ponds (Z 20-5) Page 7 of 9  (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 (TSP). 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, 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 to PL Public Land with /WR Water Resources Overlay and to remove the /PD Planned Unit Development Overlay zone 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 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 _____________________________________________________________________________________________ July 2020 Delta Ponds (Z 20-5) Page 8 of 9 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 Rodney Bohner, Associate Planner, Planning Division, at: (541) 682-5437; or by e-mail, at: RBohner@eugene-or.gov _____________________________________________________________________________________________ July 2020 Delta Ponds (Z 20-5) Page 9 of 9  Vicinity Map Delta Ponds (Z-20-5) Attachment A EB DELT A CONN E JAM CEDAR RIDGE DR WY S LN ELT CORUM AVE AH KIN SB GS LE D YR N POND RD D DARLENE LN P ONR HAPPY LN ELTA NB D FIR ACRES DR P ER BOND LN WILLAGILLESPIE RD L ND EX A AL CAL YOUNG RD N DR RIO GLE BRICKLEY RD Subject Property Taxlots Caution: This map is based on imprecise source data, subject to ^ change, and for general reference only. Created on 7/1/2020 by City of Eugene Planning Division 0 250 500 Ft 1000 N  Zoning Map Delta Ponds (Z-20-5) Attachment B EB DELT A CONN E JAM CEDAR RIDGE DR WY S LN ELT AH CORUM AVE KIN SB GS D L EY N POND RD RD DARLENE LN WY HAPPY LN DE L TA H FIR ACRES DR P NB ER BOND LN WILLAGILLESPIE RD L ND EX A AL CAL YOUNG RD N DR RIO GLE BRICKLEY RD AG Agricultural Subject Property C-1 Neighborhood Commercial Taxlots Caution: This map is based on imprecise source data, subject to C-2 Community Commercial R-1 Low-Density Residential change, and for general reference only. GO General Office R-2 Medium-Density Residential Created on 7/1/2020 by City of Eugene Planning Division PL Public Land R-3 Limited High-Density Residential /WR Water Resources Conservation Overlay /PD Planned Unit Development Overlay 0 250 500 Ft 1000 N  Atrium Building 99 West 10th Avenue Eugene, Oregon 97401 Phone: 541-682-5377 Fax: 541-682-5572 www.eugene-or.gov/planning ZONE CHANGE AND ADJUSTMENT REVIEW STAFF REPORT File Name (Numbers): Striker Park (Z-20-6 & ARA-20-8) Applicant’s Representative: Colin McArthur, AICP; Cameron McCarthy Applicant/Owner: City of Eugene, Parks and Open Space Applicant’s Request: Zone change from R-1 Low Density Residential and R-2 Medium Density Residential with /PD Planned Unit Development and /ND Nodal Development overlay zones to PRO Park, Recreation, and Open Space with /ND Nodal Development overlay zone. The proposal also includes an adjustment review request to modify maximum building setback standards within the /ND overlay zone in EC 9.4290(2). Subject Property: Assessor’s Map/Tax Lots: 17-03-16-21 / 102 & 100 Size: 8.92 acres Location: 3020 Grand Cayman Drive Relevant Dates: Application submitted on May 5, 2020; application deemed complete on May 21, 2020; public hearing scheduled for July 8, 2020 Lead City Staff: Rodney Bohner, Associate Planner, Eugene Planning Division, Phone: (541) 682-5437 Recommendation Based on the findings included in this staff report, we recommend that the Eugene Hearings Official approve the requested Zone Change and Adjustment Review. _____________________________________________________________________________________________ July 2020 Striker Park (Z-20-6 & ARA-20-8) 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). Present Request The proposal involves zone change approval pursuant EC 9.8865 to change the base zoning from R-1 Low Density Residential and R-2 Medium Density Residential to PRO Park, Recreation, and Open Space and to remove the /PD Planned Unit Development overlay zone. The /ND Nodal Development overlay zoning will remain. The proposal also includes an adjustment review request to modify maximum setback standards within the /ND overlay zone in EC 9.4290(2). The subject site is 8.92 acres and is identified on Assessor’s Map 17-03-16-21 as Tax Lots 100 and 102. The site is designated for Parks and Open Space use by the Metro Plan and is currently zoned with a combination of R-2 Medium Density Residential (Tax Lot 100) and R-1 Low Density _____________________________________________________________________________________________ July 2020 Striker Park (Z-20-6 & ARA-20-8) Page 2 of 10 Residential (Tax Lot 102). The site also has existing /ND Nodal Development and /PD Planned Unit Development overlay zoning. While only the Zone Change and Adjustment Review criteria are considered in the subject concurrent application, additional background helps provide additional context. The applicant, City of Eugene Parks and Open Space, plans to develop Striker Field Park on the subject tax lots. The 2018 Parks and Recreation System Plan identifies Striker Field Park for new park development. City of Eugene Parks and Open Space staff have prepared conceptual design drawings for the proposed park with the anticipation of opening the park in the fall of 2021. The zone change approval criteria do not consider any specific development proposals. On the other hand, the adjustment review evaluates the conceptual park design, but that evaluation is limited to specific components or standards relevant to the adjustment request. Features included in the park design unrelated to setbacks or the evidence relied upon to support the requested adjustment to setbacks remain outside the scope of the approval criteria addressed below. The subject property is located entirely within Eugene City limits, and accordingly within Eugene’s Urban Growth Boundary and the Metro Plan boundary. The tax lots are owned by the applicant and are currently vacant. The subject site’s frontage along Grand Cayman Drive is improved with curbs and gutters, but no sidewalks. The site has existing access via a driveway off Grand Cayman Drive, which is designated as a local street. Martinique Avenue, Antigua Drive, and Barbados Drive all intersect with Grand Cayman Drive and are located perpendicular to the Striker Field Park property. Areas to the north, east, and west are generally composed of low-density residential development and are characterized by a mix of apartments and single- family dwellings. The area to the south of the property is zoned R-4 high-density residential development. Surrounding properties are all designated Low Density Residential and High Density Residential in the Metro Plan. The subject property is designated as Public Land and Open Space by the Metro Plan and the Willakenzie Area Plan (WAP), the applicable neighborhood refinement plan. A map of subject property and zoning can be seen in Attachments A and B. Procedure, Public Notice, and Agency Referrals Application Submitted May 5, 2020 Application Application Complete May 21, 2020 Timeline Public Notice (per EC 9.7315) June 08, 2020 Public Hearing July 08, 2020 Table 1: Relevant Application Dates Public Notice: Public notice of this zone change application was provided in accordance with EC 9.7315 requirements. A public notice was mailed to all residents in the affected area. _____________________________________________________________________________________________ July 2020 Striker Park (Z-20-6 & ARA-20-8) Page 3 of 10 Testimony: Staff received numerous inquiries into the proposed zone change, which were generally related to design considerations for future development of the park property. Additionally, staff received three written testimony submissions. The testimony objects to the proposed park’s reliance on Grand Cayman Drive as the sole means of access and questions the overall need for the park in this location. While staff understand the concerns expressed, staff do not interpret the testimony as raising objection to the proposed zone change, adjustment review, nor the applicable approval criteria for either application. 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. Relevant Land Use History The existing zoning on the subject property and in the immediate vicinity can be traced back to a 1978 zone change (Z 78-31). The 1978 zone change was approved concurrently with annexation. However, those applications were the subject of litigation. Through that approval, approximately 260 acres was rezoned from AG, Agricultural to R-1/PD Single-Family Residential District with planned unit development procedures. A subsequent zone change, in 1981 (Z 81-9) sought to implement the Coburg/Crescent Special Area Study and rezoned Tax Lot 101 to R-2 Medium Density Residential with /PD Planned Unit Development overlay zone. That 1981 zone change was adopted through City Council Ordinance No. 18860. In the approval, the findings addressed the inconsistency between the approved R-2 base zone and the contemplation of a future park on the subject property. In 1981, the City did not have a separate zoning classification that specifically applied to park property. The PRO zone was created and adopted by City Council through the 2001 Lane Use Code Update. City Council Ordinance No. 20282, approved in 2003, amended the Metro Plan diagram and the WAP to add the /ND Nodal Development designation to the subject property. “Nodal Development,” is intended to support a mixed-use, pedestrian-friendly land use pattern that seeks to increase concentrations of population and employment in well-defined areas with good transit service, a mix of diverse and compatible land uses, and public and private improvements designed to be pedestrian- and transit-oriented. The Crescent vicinity was selected by Planning Commission and City Council as a priority transit corridor and the presence of several large parcels of vacant land which provided opportunities for new development in keeping with the nodal development characteristics. Section 1: Zone Change Evaluation The Hearings Official will review the application for a zone change and consider relevant evidence and testimony as to whether the proposed change is consistent with the applicable criteria required for approval, shown below in bold typeface. To assist the Hearings Official in _____________________________________________________________________________________________ July 2020 Striker Park (Z-20-6 & ARA-20-8) Page 4 of 10 making a decision on the 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. The proposal involves a zone change from R-2, Medium Density Residential and R-1, Low Density Residential zoning to the PRO Park, Recreation, and Open Space base zone and removal of the /PD Planned Unit Development overlay zone. Per the Metro Plan’s land use diagram, the subject property is designated Parks and Open Space. The Metro Plan defines Parks and Open Space as “including existing publicly owned metropolitan and regional scale parks and publicly and privately-owned golf courses and cemeteries in recognition of their role as visual open space (page II-G-9).” Per EC 9.2600, the PRO Park, Recreation, and Open Space Zone is intended implement the comprehensive plan by providing areas that will conserve and preserve parks and recreation areas. Therefore, the PRO zone is consistent with the Metro Plan’s Parks and Open Space plan designation. Per EC 9.4300, the /PD Planned Unit Development Overlay Zone 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, the removal of the /PD overlay zone will not impact the consistency between the base zone and Metro Plan designation. Per the Metro Plan’s land use diagram, the subject property is designated as within the Crescent Avenue Nodal Development Area (Eugene City Council Ordinance No. 20282). As such, the applicant’s request to retain the /ND Nodal Development Overlay zone is consistent with this 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 the 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. _____________________________________________________________________________________________ July 2020 Striker Park (Z-20-6 & ARA-20-8) Page 5 of 10 The Willakenzie Area Plan (WAP) is the adopted refinement plan for the subject property. The WAP’s Land Use Diagram designates the subject property as Parks and Open Space and within the Crescent Avenue Nodal Development Area, which is consistent with the Metro Plan designation.1 The proposed rezoning is consistent with the WAP regarding the proposed base zone and overlays. There appear to be no policies in the WAP which would serve as mandatory approval criteria applicable to the subject request or require further analysis at it relates to the proposed zone change. 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 applicant provides statements in their written narrative that detail the availability of facilities and services listed above. To summarize, the site currently has the necessary services because it is located in a developed area with easily accessed utility infrastructure and convenient public services. Public Works referral comments, which are available in the application file for reference, confirm that wastewater, stormwater, and streets can serve the subject property and compliance with specific standards will be ensured at the time of any future development. Based on these findings, this criterion is met. (4): The proposed zone change is consistent with the applicable siting requirements set out for the specific zone in: (d) EC 9.2610 Park, Recreation, and Open Space Siting Requirements (1) Rezoning the subject site implements park, recreation, open space, or natural resource preservation objectives and policies; or. (2) The subject site is privately owned, at least 2 acres in size and meets the purpose of this zone and the definition for non-publicly owned open space in EC 9.2620 PRO Zone Terms. 1 Eugene City Council Ordinance No. 20282 amended the Metro Plan diagram by adding the /ND Nodal Development Overlay Zone per Crescent Avenue Nodal Development Area adoption. _____________________________________________________________________________________________ July 2020 Striker Park (Z-20-6 & ARA-20-8) Page 6 of 10  (3) The PRO zone shall not be applied to an area on the city’s acknowledged Goal 5 inventory unless it is determined that any change in the level of protection afforded the resource by the PRO zone is consistent with the acknowledged level of protection for the resource. The proposed zone change is consistent applicable siting requirements for the PRO zone. The purpose of the PRO zone, which includes providing recreational opportunities and preserving areas with scenic and natural habitat value, is also fulfilled with the proposed zoning. Rezoning the subject site implements park and recreation objectives and policies, as follows: (1) The Coburg-Crescent subarea section of the WAP designates the subject property as Parks and Open Space; and (2) The City of Eugene Parks and Recreation System Plan identifies the subject property as future park. The property is not included in the Goal 5 inventory. Based on these findings, this criterion is satisfied. EC 9.8865(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) 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)). (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. _____________________________________________________________________________________________ July 2020 Striker Park (Z-20-6 & ARA-20-8) Page 7 of 10 The City of Eugene’s adopted 2035 TSP is the City’s acknowledged local transportation system plan (TSP). 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, 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. Section 2: Adjustment Review Evaluation The applicant has elected to apply for concurrent Zone Change and Adjustment Review approval. Per EC 9.8005(2), in order to accommodate a request for concurrent review for one or more land use application types, the City may review multiple applications according to the highest applicable type. In this case, the Adjustment Review, which is generally reviewed according to Type II application procedures at EC 9.7200, is reviewed through the Type III procedures at EC 9.7300. The proposal involves adjustments to /ND Nodal Development Overlay Zone Standards pertaining to Building Setbacks (EC 9.4290(2)(a)), as noted below. This standard stipulates that all buildings must be setback a maximum of 15 feet from the street, which is in conflict with the proposed location of the restroom building, proposed to be located 31 feet from the property line. For reference Sheet L1.0 Concept Plan is included as Attachment C. The restroom building setback is the sole consideration of the applicant’s request. EC 9.4290: /ND Density and Development Standards: In addition to the requirements of the base zone, the following standards shall apply to all development, except that the standards in subsection (2) and (3) do not apply to single-family dwellings or duplexes: (2) Building Setbacks. (a) Buildings shall be set back a maximum of 15 feet from the street. There is no minimum setback. (b) Where the site is adjacent to more than one street, a building is required to meet the above maximum setback standard on only one of the streets. The applicant requests an adjustment to this standard to enable placement of the restroom building further interior to the site, located proximate to the playground. Adjustments to /ND Overlay Zone development standards are allowed through the adjustment review process in accordance with EC 9.8030(11). _____________________________________________________________________________________________ July 2020 Striker Park (Z-20-6 & ARA-20-8) Page 8 of 10 Here again, for the sake of clarity, it is important to note that the applicant’s request for an adjustment to a development standard is altogether independent of the zone change application. The zone change approval criteria do not consider conceptual designs. On the other hand, the adjustment review evaluates the conceptual park design, but review is limited to specific components or standards relevant to the adjustment request. Features included in the park design unrelated to setbacks or the evidence relied upon to support the requested adjustment to setbacks remain outside the scope of the approval criteria addressed below. EC 9.8030(31): Where this land use code provides that a development standard applicable within the /ND Nodal Development overlay zone may be adjusted, approval of the request shall be given if the applicant demonstrates consistency with all of the following: (a) The requested adjustment will allow the project to achieve an equivalent or higher quality design than would result from strict adherence to the standards through: 1. A building orientation, massing, articulation and façade that contribute positively to the surrounding urban environment; and 2. An overall site and building design that creates a safe and attractive pedestrian environment. Design elements for this purpose may include special architectural design features, high quality materials, outdoor seating, pedestrian-scaled lighting, prominent entries facing the street, multiple openings or windows, and a significant use of clear, untinted glass. (b) Impacts to any adjacent residentially-zoned property are minimized. Design elements for this purpose may include treatment of building massing, setbacks, screening and landscaping. The applicant states that the proposed restroom building location and orientation maximizes compatibility with nearby properties by situating the building such that its entrances are internal to site layout, as opposed to externally facing. The applicant further states that the proposed building location creates visual buffering through the use vegetation and distancing while improving user safety by situating the restroom near playground facilities versus near the public street (applicant’s written statement, pages 14-15). Based on the evidence provided by the applicant, the criteria for an adjustment to EC 9.4290(2) appear to be met and thus the adjustment warranted. Staff Recommendation Consistent with the preceding findings of compliance with the zone change criteria at EC 9.8865 and adjustment review criteria at EC 9.8030, and based on all available information as of the date of this report, staff recommends the Hearings Official approve the requested zone change and to grant the requested adjustment to EC 9.4290(2). 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 _____________________________________________________________________________________________ July 2020 Striker Park (Z-20-6 & ARA-20-8) Page 9 of 10 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 Attachment C: Conceptual Park Design For more information, please contact Rodney Bohner, Associate Planner, Planning Division, at: (541) 682-5437; or by e-mail, at: RBohner@eugene-or.gov _____________________________________________________________________________________________ July 2020 Striker Park (Z-20-6 & ARA-20-8) Page 10 of 10  Vicinity Map Striker Park (Z-20-6 & ARA-20-8) Attachment A NG RD RG BU HILL VIEW LANE 1 AM CO AR EF MR D GRAND CAYMAN DR MARTINIQUE AVE ANTIGUA DR LORD BYRON PL TS AVE MELVILLE WAY SAINT KIT LONGFELLOW PL ST SAINT LUCIA Subject Property Taxlots Caution: This map is based on imprecise source data, subject to change, and for general reference only. ^ Created on 7/1/2020 by City of Eugene Planning Division 0 125 250 Ft 500 N  Zoning Map Striker Park (Z-20-6 & ARA-20-8) Attachment B NG RD RG BU HILL VIEW LANE 1 AM CO AR EF MR D GRAND CAYMAN DR MARTINIQUE AVE ANTIGUA DR LORD BYRON PL TS AVE MELVILLE WAY SAINT KIT LONGFELLOW PL ST SAINT LUCIA AG Agricultural Subject Property R-1 Low-Density Residential Taxlots R-2 Medium-Density Residential ^ Caution: This map is based on imprecise source data, subject to change, and for general reference only. R-4 High-Density Residential Created on 7/1/2020 by City of Eugene Planning Division /UL Urbanizable Zand Overlay /ND Nodal Development Overlay /PD Planned Unit Development Overlay 0 125 250 Ft 500 N  Attachment C Rev. # Date By Tu rf ll all rf ba etb Tu ted e s kle sk dos ted ga Tre Pic Ba rba ga irri Ba Irri Un Martinique STRIKER FIELD PARK Antigua 2SWLRQDO7UDIÀF Grand Cayman Drive 2SWLRQDO7UDIÀF 3020 GRAND CAYMAN DR Circle Parking (12) Calming Parking (5) Shrub & Water Quality Shrub & Water Quality 3ODQWLQJVIRU7UDIÀF&LUOFH Plantings Outside ROW Stormwater Infrastructure Landform Landform EUGENE, OR 97408 Restroom IRRIGATED Pedestrian Access LAWN UN-IRRIGATED PLAYGROUND TRAIL NETWORK Bike Sand Play COURT /Ped Connecto SPORTS Shelter Parking Existing Trees (19 + 1 ADA) l ai Tr ch ul Wo r Petanque M od Spray Play / Stage od Mu PERFORMANCE SPACE Wo Existing Wetland to Landform Lawn Games lch Lawn Seating Remain (Outside of Park Tr Fu ai tu re Design Grading l Co Limits) nn e ct Milkweed Stand Proposed Project Construction Limits or PROJECT #: DESIGNED BY: 900105 MAK, EP DRAWN BY: MAK CHECKED BY: DATE: 2 / 8 / 2020 SCALE: 0 25 50 100’ CONCEPT PLAN L1.0 P:\POS_Planning\Parks\Striker_Field\19 900105 P:\POS_Planning\Parks\Striker_Field\19 Park Planning\03 900105 CAD\Sheets\ZTB Park Planning\03 900105.dwg CAD\Sheets\ZTB KOSMOS Mark A900105.dwg 3/5/2020 2:10 KOSMOSPM Mark A 3/5/2020 2:10 PM