Hearings Official Public Hearings

AGENDA Phone: 541-682-5481 Meeting Location: www.eugene-or.gov/406/hearings-official Virtual Meeting (Via Zoom) The Eugene Hearings Official welcomes your interest in these agenda items. The City’s Permit & Information Center is temporarily closed to the public. During this period of closure this meeting will be held remotely using virtual meeting technology. Information about online or other options for access and participation is available on the next 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. These services may not be available during the meeting, but may occur as a follow up service. To arrange for these services, contact the Planning Division at 541-682-5675. WEDNESDAY, JULY 21, 2021 – Public Hearing 5:00 pm Hearing Official: Virginia Gustafson Lucker I. PUBLIC HEARING ON MADRONE PARTNERS ZONE CHANGE APPLICATION Description: Zone Change request to change the zoning from R-1 Low-Density Residential to R-2 Medium-Density Residential. File Name (#): Madrone Partners (Z 21-3) Location: 2973 Portland Street Assessor’s Map / Tax Lot: 18-03-07-11 / 09900 Applicant’s Representative: Jed Truett, Metro Planning Lead City Staff: Althea Sullivan, Senior Planner 541.682.5485, ASullivan@eugene-or.gov [See next page for public hearing format and participation instructions] Page 1 of 10 PUBLIC HEARING FORMAT 1. Staff introduction/presentation 2. Public testimony from applicant. 3. Testimony from the public. Due to the virtual meeting platform, the order of speakers will be based on order that persons request to speak (raise virtual hand), as opposed to the order specified under EC 9.7625. For this reason, each person providing comment will be asked to state whether they are in support, neutral, or in opposition to the application. 4. Staff response to testimony. 5. Questions from Hearings Official. 6. Rebuttal testimony from applicant. 7. Closing of public hearing. The Hearings Official will not make a decision at this hearing. The Eugene Code requires that a written decision must be made within 15 days of close of the public comment period. To be notified of the Hearings Official’s decision, state your name and address during the public testimony portion of the public hearing or contact the lead City staff noted above. The decision will also be posted at https://www.eugene-or.gov/406/Hearings-Official. HOW TO ACCESS THE MEETING To be able to participate in Public Comment join using one of the two following options: 1. Join on your computer, tablet or smartphone Visit: https://zoom.us/j/95235347161 Sign up to speak by clicking once on the “raise hand” icon 2. Join on your phone Dial one of the below numbers and enter the Webinar ID: 952 3534 7161 +1 833-548-0276 (Toll Free); or +1 833-548-0282 (Toll Free); or +1 877-853-5257 (Toll Free); or +1 888-475-4499 (Toll Free); For higher quality, dial a number based on your current location. International numbers available: https://zoom.us/u/adOYOpL5aB Sign up to speak by dialing *9 (Star-9) Page 2 of 10  The Atrium Building 99 West 10th Avenue, Eugene, Oregon 97401 Phone: 541.682.5377 | Fax: 541.682.5572 www.eugene-or.gov/planning PUBLIC HEARING STAFF REPORT Zone Change File Name (Number): MADRONE PARTNERS LCC (Z 21-3) Owner/ Applicant: Madrone Partners, LCC Applicant’s Representative: Metro Planning, Inc. Lead City Staff: Althea Sullivan, Senior Planner Relevant Dates: Application Submitted: May 12, 2021 Deemed Complete: June 15, 2021 Public Hearing: July 21, 2021 Subject Property Address: 2973 Portland Street Map No. / Tax Lots: 18-03-07-11/ 09900 Application Summary The applicant is requesting approval of a Zone Change to change the zoning of a .17-acre site from R-1 Low-Density Residential to R-2 Medium-Density Residential. 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. 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 Madrone Partners | Z 21-3 Page 3 of 10 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 from R-1 Low-Density Residential to R-2 Medium-Density Residential. The subject site is .17 acres in size and is located in a part of Eugene that is developed with a mixture of uses. To the north of the site is a larger commercial area with grocery stores, restaurants, and other stores for home goods and other supplies. To the south is a larger area that is predominantly comprised of single-family homes and other lower density residential development. To the east and west, higher density residential development and a continuing care retirement facility are present. For ease of reference, a map of the subject site and zoning can be seen in Attachment A. Timing, Notice, and Testimony Application Submitted May 12, 2021 Deemed Complete June 15, 2021 Application DLCD Notice June 16, 2021 Timeline Public Notice (per EC 9.7315) June 21, 2021 Public Hearing July 21, 2021 Staff Report Madrone Partners | Z 21-3 Page 4 of 10 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. 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 requesting approval of a change in zoning from R-1 Low-Density Residential to R-2 Medium-Density Residential. The Metro Plan diagram designates the subject property for Medium Density Residential, which is implemented through the proposed R-2 zoning, making the applicant’s request consistent with the Metro Plan diagram. Additionally, there are no specific policies from the Metro Plan that serve as mandatory approval criteria for the applicant’s request. Based on the available information, the request complies with this criterion. 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. Staff Report Madrone Partners | Z 21-3 Page 5 of 10 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 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 notes, and staff confirms, that the subject site is located in an area with a mixture of different residential zoning ranging from low to high density residential. The applicant goes on to explain that the site’s proximity to higher density residential zoning means that the site can be served without leaps of services. Public Works staff confirmed that wastewater, stormwater, and streets are all existing infrastructure surrounding the property. Based on the availability of existing services, proximity of the site to areas of higher density residential zoning, and the relatively small size of the site it can be concluded that the proposed R-2 zoning will allow uses and density that can be served by key urban facilities and services. 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: (f) EC 9.2735 Residential Zone Siting Requirements. The siting requirements at EC 9.2735 are only applicable to requests relating to the R-1.5 zone. Because the applicant is requesting R-2 zoning, there are not specific siting requirements and the above 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. Staff Report Madrone Partners | Z 21-3 Page 6 of 10 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), because the applicant is requesting zoning that is consistent with the Metro 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: (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 proposed zoning of the subject property is consistent with the Metro Plan, therefore the zoning of the subject property is consistent with 2035 TSP. Staff Report Madrone Partners | Z 21-3 Page 7 of 10 As the applicant has not requested an amendment to the Metro Plan designation, and the proposed zoning will be consistent with the Metro Plan designation, the zone change is allowed under OAR 660-012-0060(9) and the proposal is consistent with the applicable provisions of the Transportation Planning Rule. 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 the request for R-2 zoning. 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-21-0003 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 Althea Sullivan, Senior Planner, Eugene Planning Division, at: (541) 682-5485; or by e-mail, at: ASullivan@eugene-or.gov Staff Report Madrone Partners | Z 21-3 Page 8 of 10  Madrone Partners Zone Change (City File: Z 21-3) VicinityMap Attachment A W 29TH AVE E 29TH AVE OAK ST W 29TH PL WILLAMETTE ST PORTLAND ST E 29TH PL Proposed Zoning: R-2 Medium-Density Residential W 30TH AVE E 30TH AVE W 31ST AVE E 31ST AVE Subject Property Caution: This map is based on imprecise source data, subject to Taxlots change, and for general reference only. Eugene UGB Created on 7/14/2021 by City of Eugene Planning Division ^ Page 9 of 10 0 50 100 Ft 200 N  Madrone Partners Zone Change (City File: Z 21-3) Zoning Map Attachment A C-2 R-2 OAK ST WILLAMETTE ST W 29TH PL PORTLAND ST R-3 Proposed Zoning: R-2 Medium-Density Residential W 30TH AVE R-1 E 30TH AVE Subject Property Caution: This map is based on imprecise source data, subject to Taxlots change, and for general reference only. Eugene UGB Created on 7/14/2021 C-2 Community Commercial by City of Eugene Planning Division R-1 Low-Density Residential R-2 Medium-Density Residential ^ R-3 Limited High-Density Residential Page 10 of 10 0 37.5 75 Ft 150 N