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) 682-5377. WEDNESDAY, FEBRUARY 03, 2021 – 5:00 p.m. I. Public Hearing: Zone Change for Springfield Creamery (Z 20-11) Request: Zone Change request to remove the /SR Site Review zoning overlay from the subject property, changing the zoning from I-2/ Light-Medium Industrial with /CAS Commercial Airport Safety and /SR Site Review Overlay to I-2 Light-Medium Industrial with /CAS Commercial Airport Safety (I-2/CAS/SR to I- 2/CAS). Owner/Applicant: Springfield Creamery INC Representative: Bill Kloos, Law Office of Bill Kloos Assessor’s Map/Tax Lot: 17-04-09-20 / 1200 Address / Location: 29440 Airport Road 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 (See next page). Page 1 of 11 HOW TO ACCESS THE MEETING • To join/watch the meeting from your computer, tablet or smartphone (allows participation in Public Comment): https://zoom.us/j/95235347161 • To join by phone (allows participation in Public Comment): Dial one of the below numbers and enter the Meeting ID: 952 3534 7161. Dial: +1-669-900-6833 or Toll Free 1-877-853-5257 (US) International numbers available: https://zoom.us/u/adOYOpL5aB • To sign-up to speak for Public Comment: o For those viewing the meeting on a computer, laptop, or other device, click the “raise hand” button (often at the bottom or in the participants window). 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. HOW TO SUBMIT WRITTEN TESTIMONY You may submit written testimony for the Hearings Official’s consideration for Springfield Creamery (Z 20-11) 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. Public Hearing Format 1. Staff introduction/presentation 2. Public testimony from applicant 3. Public Testimony from appellants (For Appeal Hearings Only) 4. *Public Testimony from others in support of application. 5. *Comments or questions from interested persons who are neither proponents nor opponents of the proposal (neutral persons). 6. *Public testimony from those in opposition to the application. 7. Staff response to testimony. 8. Questions from Hearings Official. 9. Rebuttal testimony from applicant. 10. 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. City of Eugene - Hearings Official Page 2 of 11 Ph.: (541) 682-5377 https://www.eugene-or.gov/406/Hearings-Official The Hearings Official will not make decisions 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. More information, including a link to land use application materials and decisions can be found at: https://www.eugene-or.gov/406/Hearings-Official City of Eugene - Hearings Official Page 3 of 11 Ph.: (541) 682-5377 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 Name (Number): Springfield Creamery (Z 20-11) Owner/ Applicant: Springfield Creamery, Inc. Applicant’s Representative: Law Office of Bill Kloos PC Lead City Staff: Rodney Bohner, Associate Planner Relevant Dates: Application Submitted: November 12, 2020 Deemed Complete: December 10, 2020 Public Hearing: February 03, 2021 Subject Property Address: 29440 Airport Road Map No. / Tax Lots: 17-04-09-20 / 1200 Application Summary The applicant is requesting approval of a Zone Change to remove the /SR Site Review Overlay zone from the subject property (Tax Lot 1200). The subject property is zoned I-2 Light-Medium Industrial with /SR Site Review Overlay and /CAS Commercial Airport Safety Overlay. The subject property would retain the current base zone and the /CAS Commercial Airport Safety Overlay. 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 applications. Staff reports are available seven days prior to the public hearing (see EC 9.7320). The staff report provides only preliminary recommendations, and information. The Hearings Official will also consider additional public testimony and other materials presented at the public hearing before making a decision on the application. The Hearings Official’s written decision on the application is typically made within 15 days following the close of the public record after the public hearing (see EC 9.7330). The applicable quasi-judicial hearing procedures are described at EC 9.7065 through EC 9.7095. Staff Report Springfield Creamery | Z 20-11 Page 4 of 11 How Does Zoning Work? The Eugene-Springfield Metropolitan Area General Plan (Metro Plan) is part of the City’s comprehensive plan. The Metro Plan helps to guide land use and zoning decisions. It includes long-range policy direction for land use planning and legislative decision-making, as well as guidance for parcel-specific land use decisions such as this zone change request. In some areas, refinement plans provide additional policies and land use designation maps to further guide land use decision-making in specific neighborhoods or geographic areas of the City. Another component of the City’s comprehensive plan is the Envision Eugene Comprehensive Plan. It provides goals and policies to help guide the City in updating the Eugene Code and other regulatory documents, programs and planning projects. Unlike the Metro Plan or refinement plans, the Envision Eugene policies are not intended to be used in determining approval or denial of land use applications, like a Zone Change, unless such direction is stated in the policy. In the context of a zone change application, consistency with the applicable provisions of the Metro Plan and any applicable adopted refinement plans for the area of the request, is fundamental to the decision-making process. More than one zone category may carry out a particular land use designation, and the relevant policy direction helps determine what the zoning should be. In other cases, the land use designation and policy direction may be so specific that only one zone or overlay zone can correctly establish particular restrictions, development standards or process. In a nutshell, zoning specifies allowed uses for a piece of land, and what standards will apply at the time of development (e.g. height, setbacks). Application Details & Procedure The applicant is requesting approval for a Zone Change to remove the /SR Site Review Overlay zone from the subject site which consists of one tax lot zoned I-2 Light-Medium Industrial with /SR Site Review and /CAS Commercial Airport Safety Overlays. The subject property totals 10.96 acres in size, located on the south side of Airport Road and is developed with the Springfield Creamery, commonly known as Nancy’s Yogurt, which consists of food and beverage processing as well as related accessory uses. The applicant’s request to remove the /SR Site Review Overlay Zone from the property will not change the base zone (I-2). The /SR Site Review Overlay Zone is intended to (1) maintain or improve the character, integrity, and harmonious development of an area; and (2) provide a safe, stable, efficient, and attractive on-site environment. The Site Review provisions are applied when a development site is zoned with the /SR overlay zone and the proposal results in either new development of vacant sites or an expansion of 20 percent or more of the total existing building square footage on the development site. Alternatively, if a proposed use is identified as a use which requires Site Review under other code provisions, Site Review is also applied for development on vacant sites or expansions of 20 percent or more. The Site Review provisions can be found from EC 9.8425 through 9.8455. The request would remove from the subject property Site Review applicability based solely on the extent of development (EC 9.8430(1)), while retaining Site Review applicability based on use (EC 9.8430(2)). Staff Report Springfield Creamery | Z 20-11 Page 5 of 11 The property is surrounded on three sides by areas zoned I-2 Light-Medium Industrial with large AG Agricultural zoned areas to the south). The surrounding area is entirely zoned with the /CAS Commercial Airport Safety Overlay, but the /SR is only applied to a scattering of adjacent lots. For ease of reference, a map of the subject site and zoning can be seen in Attachment A. Timing, Notice, and Testimony Application Submitted November 12, 2020 Deemed Complete December 10, 2020 Application DLCD Notice December 17, 2020 Timeline Public Notice (per EC 9.7315) January 4, 2021 Public Hearing February 3, 2021 Testimony As of the publication of this report, no testimony has been received regarding this proposal. If written testimony is received prior to the public hearing, it will be provided to the Hearings Official for consideration as part of the record. Public Notice and Referrals Public notice was provided in accordance with the requirements of Eugene’s Land Use Code. The Planning Division also provided information concerning the application to appropriate City departments, public agencies, neighborhood organization, and service providers. 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. Zone Change Evaluation In accordance with EC 9.7330, the Hearings Official is required to approve, approve with conditions, or deny a Type III land use application. The decision must be based on, and be accompanied by, findings that explain the criteria and standards considered relevant to the decision. It must also state the facts relied upon in rendering the decision and explain the justification for the decision based upon the criteria, standards, and facts set forth. The Hearings Official will review the application and consider relevant evidence and testimony as to whether the proposed Zone 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. Staff Report Springfield Creamery | Z 20-11 Page 6 of 11  EC 9.8865(1): The proposed change is consistent with applicable provisions of the Metro Plan. The written text of the Metro Plan shall take precedence over the Metro Plan diagram where apparent conflicts or inconsistencies exist. The applicant is proposing no change to the existing base zone I-2 Light-Medium Industrial, which staff confirms as being consistent with the subject property’s Light-Medium Industrial Metro Plan designation. The I-2 Light-Medium Industrial zone is designed to implement the comprehensive plan by providing areas for industrial uses with less external impacts than Heavy Industrial uses. The existing /SR Site Review Overlay Zone was applied to the property concurrent with its annexation into the City of Eugene in 1985. Two Site Review criteria concerning ingress and egress and street frontage were originally applied through the /SR overlay. The City amended the land use code in 2001, applying additional standards in respect to access connections, front yard setbacks, and landscape buffering, essentially rendering redundant the need for the additional Site Review considerations applied in 1985. As of August 24, 2017, the Economic Element of the Metro Plan no longer applies (see Ordinance No. 20584) and has been replaced by the Envision Eugene Comprehensive Plan Economic Element Chapter 3. However, this chapter does not include any policies intended to be used for evaluation of this Zone Change request. As to other policies of the Metro Plan not replaced by Envision Eugene, none appear to be applicable as mandatory approval criteria for the current request. While the Metro Plan and Envision Eugene policy language cited in the applicant’s narrative do not appear to constitute approval criteria for the proposed Zone Change, they nonetheless provide general support as relevant to the applicant’s request. Based on the available evidence, and findings above, the applicant’s request is consistent with the Metro Plan and this criterion is met. EC 9.8865(2): The proposed zone change is consistent with applicable adopted refinement plans. In the event of inconsistencies between these plans and the Metro Plan, the Metro Plan controls. None of Eugene’s adopted refinement plans apply to the subject property, therefore this criterion does not apply. 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. 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 Staff Report Springfield Creamery | Z 20-11 Page 7 of 11 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 application is not proposing changes to the uses and densities allowed in the current I-2 zoning. The property is currently developed and has the necessary services, located in a developed area with easily accessed wastewater and water service. Public Works referral comments, which are available in the application file for reference, confirm that wastewater, stormwater, and streets can serve the subject property and compliance with specific standards will be ensured at the time of any future development. Based on these findings, and future permitting requirements, this criterion is met. EC 9.8865(4): The proposed zone change is consistent with the applicable siting requirements set out for the specific zone in: (b) EC 9.2150 Employment and Industrial Zone Siting Requirements. The subject property will maintain its I-2 Light-Medium Industrial base zoning; therefore, this criterion is not applicable. There are no applicable siting requirements for the /SR Site Review Overlay Zone as listed in EC 9.8865(4). EC 9.8865(5): In cases where the NR zone is applied based on EC 9.2510(1)(b), the property owner shall enter into a contractual arrangement with the city to ensure the area is maintained as a natural resource area for a minimum of 50 years. The applicant is not requesting the NR zone and the subject site is not located in an area that would otherwise require the application of the NR zone. Based on the available information and evidence, this criterion is not applicable. Transportation Planning Rule (TPR) Goal 12 Transportation of the Statewide Planning Goals, adopted by the Land Conservation and Development Commission (LCDC), must be specifically addressed as part of the requested zone change and in the context of Oregon Administrative Rules, as follows. As adopted, OAR 660-012-0060(1) states: (1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation (including a zoning map) would significantly affect an existing or planned transportation facility, then the local government must put in place measures as provided in section (2) of this rule, unless the amendment is allowed under section (3), (9) or (10) of this rule. The proposal qualifies for an exception under subsection (9), as its request is consistent with the comprehensive plan designation. Staff Report Springfield Creamery | Z 20-11 Page 8 of 11  (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 (2035 TSP) serves as the City’s acknowledged local transportation system plan. “Chapter 3: Needs Assessment and Evaluation”, of the 2035 TSP provides: The needs assessment and resulting projects… that establish a transportation system adequate to meet the identified local transportation needs are based upon the land use designations established by the Metro Plan. Because the 2035 TSP is based on the Metro Plan land use designations, any zone allowed within the land use designation is consistent with both the Metro Plan and this 2035 TSP. The applicant correctly states that the zoning of the subject property is consistent with the Metro Plan, therefore the zoning of the subject property is consistent with 2035 TSP. As the applicant has not requested an amendment to the Metro Plan designation, and the proposed zoning remains consistent with existing the Metro Plan designation, the Zone Change is allowed under OAR 660-012-0060(9) and OAR 660-012-0060(1) is satisfied. Based on these findings, the proposed Zone Change does not significantly affect a transportation facility for purposes of the TPR and therefore complies with the TPR. Staff Report Springfield Creamery | Z 20-11 Page 9 of 11  STAFF RECOMMENDATION Consistent with the preceding findings of compliance with the Zone Change approval criteria at EC 9.8865, and based on all available information as of the date of this report, staff recommends the Hearings Official approve to remove the /SR Site Review overlay zone. According to 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 notice of decision is mailed, it may be appealed to the Eugene Planning Commission as set forth in EC 9.7650 through EC 9.7685. Attachments Attachment A: Vicinity and Zoning Map More Information about the land use application process, approval criteria, and general information can be found here: https://www.eugene-or.gov/3208/Land-Use-Information The application materials, and file are available to review for any interested parties. As a courtesy, materials may also be available on the City’s website at: https://pdd.eugene- or.gov/LandUse/SearchApplicationDocuments?file=Z-20-0011 To protect the health of staff and community members, staff can provide digital materials or make appointments to view a physical set of materials. The Hearings Official will receive a full set of application materials for review prior to the public hearing. For more information, please contact Rodney Bohner, Associate Planner, Planning Division, at: (541) 682-5437; or by e-mail, at: RBohner@eugene-or.gov. Staff Report Springfield Creamery | Z 20-11 Page 10 of 11  Sprinfield Creamery | Z 20-11 Attachment A Vicinity and Zoning Map E ENID RD MIL L SENECA SAW I-3 W ENID RD I-2 HW AIRPORT RD Y9 9N AG Subject Property Caution: This map is based on imprecise source data, subject to /SR Site Review Overlay change, and for general reference only. AG Agricultural ^ Created on 1/27/2021 I-2 Light-Medium Industrial by City of Eugene Planning Division I-3 Heavy Industrial Taxlots Page 11 of Ft 0 125 250 500 11 N