Hearings Official Public Hearings

Phone: 541-682-5377 https://www.eugene-or.gov/406/Hearings-Official The Eugene Hearings Official welcomes your interest in these agenda items. Due to Governor Kate Brown’s Stay Home, Save Lives Executive Order to combat the spread of COVID-19, this meeting will be held remotely using virtual meeting technology. Information about online or other options for access and participation is available on the last page of this agenda. For the hearing impaired, assistive-listening devices or an interpreter can be provided with 72-hour notice prior to the meeting. Spanish-language interpretation may also be provided with 72-hour notice. To ensure the health and safety of the public and staff in response to COVID-19, these services may not be available during the planning commission meeting based on service availability, but may occur as a follow up service. To arrange for these services, contact the Planning Division at 541-682-5675.Division: (541) 682-5377. WEDNESDAY, FEBRUARY 10, 2021 – 5:00 p.m. I. Public Hearing: Zone Change for Kendall Auto Group (Z 20-12) Request: Zone Change request to remove the /SR Site Review Overlay Zone from the subject property consisting of two tax lots; changing the zoning of one tax lot from Community Commercial and Site Review Overlay Zone (C-2 /SR) to Community Commercial (C-2); and changing the zoning of the second tax lot from Community Commercial and Site Review Overlay Zone and Water Resources Conservation Overlay Zone (C-2 /SR /WR) to Community Commercial and Water Resources Conservation Overlay Zone (C-2 /WR) . Owner/Applicant: Leonard A & Martha J Lucas Representative: Teresa Bishow, Bishow Consulting Assessor’s Map/Tax Lot: 17-03-19-30 / 00602 & 00603 Address / Location: 380 Goodpasture Island Road Lead City Staff: Nick Gioello, Associate Planner, Planning Division 541-682-5453 NGioello@eugene-or.gov Page 1 of 13 *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. 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. 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. HOW TO SUBMIT WRITTEN TESTIMONY You may submit written testimony for the Hearings Official’s consideration for Kendall Auto Group (Z 20-12) by email to NGioello@eugene-or.gov or by mail to Planning Division, c/o Nick Gioello, 99 W 10th Avenue, Eugene, OR 97405. Written Testimony must be received by the close of the public record. Page 2 of 13 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. More information, including a link to land use application materials and decisions can be found at: https://www.eugene-or.gov/406/Hearings-Official Page 3 of 13  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): Kendall Auto Group (Z 20-12) Owner/ Applicant: Kendal Auto Group – Leonard & Martha Lucas Applicant’s Representative: Bishow Consulting, LLC – Teresa Bishow PO Box 50721, Eugene, OR 97405 Lead City Staff: Nicholas Gioello, Associate Planner Relevant Dates: Application Submitted: December 10, 2020 Deemed Complete: December 22, 2020 Public Hearing: February 10, 2021 Subject property Address: 380 Goodpasture Island Road Map No. / Tax Lots: 17-03-19-30 / 00602 and 00603 Application Summary The applicant is requesting approval of a Zone Change to remove the /SR Site Review overlay from two adjoining properties under common ownership of the applicant. One property (Tax Lot 602) is zoned C-2 Community Commercial with /SR Site Review overlay. The other property (Tax Lot 603) is zoned C-2 Community Commercial with /SR Site Review and /WR Water Resource overlays. 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 | Kendall Auto Group (Z 20-12) Page 4 of 13 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 (Envision Eugene). 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 two adjoining tax lots. Tax Lot 602 is zoned C-2 Community Commercial with /SR Site Review overlay and Tax Lot 603 is zoned C-2 Community Commercial with /SR Site Review and /WR Water Resource overlays. The subject site totals approximately 2.98 acres in size, located on the east side of Goodpasture Island Road and north of Valley River Drive and is developed as an auto dealership. For ease of reference, a vicinity map of the subject site and zoning can be seen in Attachment A. The applicant’s request to remove the /SR Site Review overlay from the properties will not change the applicability of the /WR overlay zone on Tax Lot 603. 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 applied for development on vacant sites or expansions of 20 percent or more. The Site Review provisions can be found from EC 9.8425 Staff Report | Kendall Auto Group (Z 20-12) Page 5 of 13 through 9.8455. Removal of the /SR overlay in this case would remove Site Review applicability from the subject property based solely on the extent of development (EC 9.8430(1)) while retaining Site Review applicability based on use (EC 9.8430(2)), according to the allowed use table and related permit requirements for commercial zones in EC Table 9.2160. Timing, Notice, & Testimony Application Submitted December 10, 2020 Deemed Complete December 22, 2020 Application DLCD Notice December 23, 2020 Timeline Noticed (per EC 9.7315) January 8, 2021 Public Hearing February 10, 2021 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. Testimony As of the publication of this report, no public 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. 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, staff’s findings in response to each of the criteria are provided below. 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. Staff Report | Kendall Auto Group (Z 20-12) Page 6 of 13 The applicant is proposing no change to the existing base zone of C-2 Community Commercial, which staff confirms is consistent with the subject property’s commercial land use designation in the Metro Plan, as part of a major retail center at Valley River Center (see Metro Plan, page II-G-4). There appear to be no Metro Plan policies that apply as mandatory approval criteria or specifically relate to removal of the /SR Site Review overlay zone, although Policy B.11 could be read in a very broad sense to provide general support for the request as noted in the applicant’s narrative. 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 request (see page I-3). 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. The applicable refinement plan is the Willakenzie Area Plan (WAP). Within the WAP, the subject site is located within the Goodpasture Island Region. This area to the south of Delta Ponds, known as the Valley River area, is described in the WAP (page 44) as being completely committed to commercial uses with all parcels being zoned commercial at the time of adoption in 1992. The existing C-2 zoning of the subject property and surrounding area is consistent with this adopted refinement plan’s land use designation for commercial use. The following policy statements in the WAP are also relevant: • General Policies and Proposed Action for the Willakenzie Area, Land Use Policies and Proposed Actions (Policy 2, page 15): The City shall ensure that future commercial development and redevelopment in the Willakenzie planning area is sensitive to and compatible with existing and planned development in the surrounding area. • Proposed Action 2.2 (page 15): Apply the /SR Site Review suffix to all parcels zoned or designated for C-1 Neighborhood Commercial or C-2 Community Commercial development in the Willakenzie planning area, using the Willakenzie Commercial Siting and Development Guidelines as the review criteria. These guidelines will be used to evaluate commercial development and redevelopment proposals until such time as the City adopts citywide commercial development standards or guidelines. As cited in the applicant’s narrative, Policy 2 does not mandate Site Review or preclude the requested removal of the /SR overlay zone. The purpose of Policy 2 generally concerns the compatibility of commercial uses with adjacent development. In this case, the subject properties are adjacent to other existing commercial development, and both tax lots are Staff Report | Kendall Auto Group (Z 20-12) Page 7 of 13 developed with commercial buildings and associated parking lots that are generally compatible with the surrounding area. Proposed Action 2.2 is a suggested action as one possible way for the City to implement the related policy but is not adopted as mandatory policy itself. This suggested action indicates that /SR overlays should apply until such time as the City adopts commercial development standards, and since the original adoption of the WAP in 1992, the City has adopted commercial development standards (through the 2002 Land Use Code Update) which implement the general intent of the policy and suggested action. • General Policies and Proposed Action for the Willakenzie Area, Land Use Policies and Proposed Actions (Policy 5, page 15): Site review procedures or special development standards shall be considered for properties which abut or face one another, when the uses permitted on those properties are potentially incompatible. While this policy does require consideration, it does not mandate the retention of the /SR overlay on the subject properties. As described above, with few exceptions, the subject properties are primarily adjacent to existing commercial development thus negating potential incompatibility. The exceptions to existing commercial development lie to the east, where, separated by a strip of Goal 5 protected wetlands, the subject properties abut Delta Highway, and to the north, where Tax Lot 600 abuts property zoned PL Public Land—an area designated for natural area conservation known as Delta Ponds, also Goal 5 protected wetlands. The applicant points out that regarding Goal 5 Water Resources, the Goal 5 Water Resources Conservation Plan reflects the ultimate policy choice of the City for how much protection is intended to be provided for all Goal 5 resources. That plan was implemented via the adoption of the /WR Water Resources overlay zoning and its application to the subject properties. The proposed Zone Change retains the existing /WR Water Resources overlay. As there appear to be no other WAP policies that appear to conflict with the applicant’s request, and based on the available information and findings above, staff concludes that EC 9.8865(2) is met. 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 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 its 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 wastewater and water service. Staff Report | Kendall Auto Group (Z 20-12) Page 8 of 13 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: (a) EC 9.2150 Commercial Zone Siting Requirements. The subject property will maintain its C-2 Community Commercial zoning designation; therefore, this criterion is not applicable. 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. (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: Staff Report | Kendall Auto Group (Z 20-12) Page 9 of 13  (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 that: 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 noted, the proposed removal of the /SR overlay will not change the subject property’s base C-2 zoning which maintains consistency with the underlying, existing commercial plan designation. As the applicant has not requested an amendment to the Metro Plan designation, and the proposed zoning remains consistent with 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 | Kendall Auto Group (Z 20-12) Page 10 of 13  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 For More Information 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-20-0012 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 Nicholas Gioello, Associate Planner, Planning Division, at: (541) 682-5453; or by e-mail, at: ngioello@eugene-or.gov. Staff Report | Kendall Auto Group (Z 20-12) Page 11 of 13  Attachment A VICINITY MAP Ken da l lAuto Gr o up Zo n eCha n ge-Ct iyFi l e:Z20- 12 GOODPASTURE ISLAND RD PL D OO E RW SH ROBIN HOOD AVE D SB H TA EL WY NB SB DELTA OFRP DE H LTA VALLEY RIVER DR ´ WY Feet SUBJ ECTPROPERTY 0 125 250 500 Ca uto in : Thi s ma p s iba sedo n i mp r ec ise so urceda ta ,subj ect to c ha n ge, Assesso r ’s Ma p 17- 03- 19- 30,T axLo t 00602 a n dfo rgen ea rlr eferen c eo n ly. Assesso r ’s Ma p 17- 03- 19- 30,T axLo t 00603 02/02/2021 Page 12 of 13  Attachment A ZONING MAP Kendall Auto Group Zone Change - City File: Z 20-12 PL D OO E RW SH ROBIN HOOD AVE GOODPASTURE ISLAND RD NB DE H LTA WY D SB H TA EL WY VALLEY RIVER DR Subject Property Zone Overlays C-2 Community Commercial GO General Office PL Public Land 0 125 250 ´ Feet 500 R-1 Low-Density Residential Caution: This map is based on imprecise source data, subject to change, R-2 Medium-Density Residential and for general reference only. R-3 Limited High-Density Residential Page 13 of 13 02/02/2021