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, SEPTEMBER 8, 2021 – Public Hearing 5:00 pm Hearing Official: Virginia Gustafson Lucker I. PUBLIC HEARING ON EVERYONE'S MARKET ZONE CHANGE APPLICATION Description: Zone Change request to change the base zoning from C-1 Neighborhood Commercial to C-2 Community Commercial. File Name (#): Everyone’s Market (Z 21-4) Location: 5045 Barger Drive Assessor’s Map / Tax Lot: 17-04-16-33 / 3700 & 3800 Applicant’s Representative: Blackmore Planning and Development Services, LLC Lead City Staff: Rodney Bohner, Associate Planner 541-682-5437, RBohner@eugene-or.gov [See next page for public hearing format and participation instructions] Page 1 of 11 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 11  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): Everyone’s Market (Z 21-4) Owner: Satnam, LLC Applicant: MAA Group, LLC Applicant’s Representative: Blackmore Planning and Development Services, LLC Lead City Staff: Rodney Bohner, Associate Planner Relevant Dates: Application Submitted: May 14, 2021 Deemed Complete: July 22, 2021 Public Hearing: September 8, 2021 Subject Property Address: 5045 Barger Drive Map No. / Tax Lots: 17-04-16-33 / 3700 & 3800 Application Summary The applicant is requesting approval of a Zone Change from C-1 Neighborhood Commercial with /CAS Commercial Airport Safety Overlay Zone to C-2 Community Commercial with /CAS Commercial Airport Safety Overlay Zone. Based on the findings enclosed within this staff report, staff recommends the Zone Change be approved. 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 at least seven days prior to the public hearing (see EC 9.7320). The staff report provides only preliminary recommendations and information. The Hearings Official, the initial decision-maker will consider the staff report recommendations, 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 Everyone’s Market | Z 21-4 Page 3 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 from C-1 Neighborhood Commercial with /CAS Commercial Airport Safety Overlay Zone to C-2 Community Commercial with /CAS Commercial Airport Safety Overlay Zone. The applicant is requesting a change to only the base zoning—the /CAS Commercial Airport Safety Zone will remain intact. The subject property consists of two tax lots comprising approximately 0.97 acres in size, located on the northwest corner of the intersection of West Irwin Way and Barger Drive. The subject property is currently developed with a convenience store, two residential structures, a carport, parking spaces, landscaping, and fences. The convenience store is permitted outright in the C-2 zone, and the existing residences have the same standards in the C-1 zone as they would in the C-2 zone, making further evaluation of the existing uses unnecessary as the Zone Change will not cause a use to become non conforming. The subject property along with an approximately 3.75-acre area to the east are zoned C-1/CAS and surrounded by Low Density Residentially zoned land (R-1/CAS). The C-1/CAS zoned lands are developed a mix of commercial uses. For ease of reference, a map of the subject site and zoning can be seen in Attachment A. Staff Report Everyone’s Market | Z 21-4 Page 4 of 11 Timing, Notice, and Testimony Application Submitted May 14, 2021 Deemed Complete July 22, 2021 Application DLCD Notice August 4, 2021 Timeline Public Notice (per EC 9.7315) August 9, 2021 Public Hearing September 8, 2021 Testimony As of the publication of this report, no written testimony has been received regarding this proposal. If any further 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 proposing a change to the base zoning from C-1 Neighborhood Commercial to C-2 Community Commercial. The property is designated as Commercial on the Metro Plan’s land use diagram. As the C-2 zone implements the commercial use designation, as specified at EC 9.2110, the proposed change is consistent with the subject property’s Metro Plan designation. Several of the Metro Plan policies are relevant and supportive of the proposed zone, as outlined in the applicant’s narrative. However, there appear to be no Metro Plan policies or Staff Report Everyone’s Market | Z 21-4 Page 5 of 11 provisions that serve as mandatory approval criteria for the proposed re-zoning. To the extent that the Metro Plan policies are relevant, the change is consistent with these policies. 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 for the subject property is the Bethel-Danebo Refinement Plan (Refinement Plan). According to the Refinement Plan’s land use diagram, the property is designated as Commercial, consistent with the Metro Plan’s designation. There appear to be no Refinement Plan policies or provisions that serve as mandatory approval criteria. Based on the available evidence, and findings above, the applicant’s request is consistent with the Refinement Plan and this criterion 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 following summary addresses the availability of these key urban services and facilities as required under this criterion. Wastewater: Public wastewater service is currently available via the line within Barger Drive. Stormwater: Public stormwater infrastructure is located within Barger Drive. At the time of any future development, applicants must address all applicable stormwater management standards including flood control, water quality, oil control, easements, and operation and maintenance. Streets: The subject property has frontage on Barger Drive (classified as a Minor Arterial Street) to the south, and West Irwin Way (a Local Street) to the east. Both of these are public streets. Compliance with applicable street standards and access connections will be addressed at the time of any future development. Solid Waste: Collection service is provided by private entities. Regional disposal sites and the Short Mountain Landfill are operated by Lane County. Staff Report Everyone’s Market | Z 21-4 Page 6 of 11 Water and Electric: The site has existing water and electrical services, operated by Eugene Water and Electric Board (EWEB). Any future development will require coordination with EWEB staff to ensure that water and electric services comply with City standards and related EWEB requirements. Public Safety: Police protection for the subject property is consistent with service provision through the City. Fire protection will be provided by the Eugene/Springfield Fire Department. Emergency medical services are currently provided on a regional basis by the cities of Eugene and Springfield. Transportation: The subject property is accessible to pedestrians, bicycles, and vehicles via the surrounding street network. Barger Drive is developed with sidewalks and bike lanes. A Lane Transit District line provides bus service along Barger Drive with two stops within approximately 500 feet of the site. Parks and Recreation: Parks and recreation programs are provided on a City‐wide basis. The inclusion of the subject property in the City is sufficient evidence to demonstrate the minimum level of this key urban service is met. Planning and Development Services: Planning and building permit services are provided for all properties located within the urban growth boundary by the City of Eugene. The Eugene Code, Chapter 9, will provide the required land use controls for future development of the subject property. Communication: A variety of telecommunication providers offer communications services throughout the Eugene/Springfield area; therefore, these services are accessible, and this key urban service requirement is met. Public Schools: The subject property is within the Bethel School District. As access to schools is evaluated on a district wide basis, the property’s location within the school district is sufficient evidence to demonstrate the minimum level of this key urban service is met. The proposed zone change will not impact the availability of the urban services listed above, which already exist for the subject property. Based on these findings, this criterion is satisfied. 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 Siting Requirements at EC 9.2150 pertain to the establishment of C-1 zoning. The request is for C-2 zoning and, therefore, the siting requirements do not apply. Staff Report Everyone’s Market | Z 21-4 Page 7 of 11  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: (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 Staff Report Everyone’s Market | Z 21-4 Page 8 of 11  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 proposed zoning of the subject property is also consistent with 2035 TSP. As the applicant has not requested an amendment to the Metro Plan designation, and the proposed zoning remains consistent with the existing 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 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 a Zone Change from C-1 Neighborhood Commercial to C-2 Community Commercial. 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-21-0004 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. Staff Report Everyone’s Market | Z 21-4 Page 9 of 11 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 Everyone’s Market | Z 21-4 Page 10 of 11  Everyone's Market Zone Change (City File: Z 21-4) Vicinity and Zoning Map Attachment A PTION ASSUM R-1 W IRWIN WAY ST E IRWIN WAY ASTOVE AVE C-1 BARGER DR Proposed Zoning: C-2 Community Commercial PORT ST LAVETA LN W PORT ST Subject Property Caution: This map is based on Taxlots imprecise source data, subject to change, and for general reference only. Eugene UGB C-1 Neighborhood Commercial ^ Created on 8/30/2021 by City of Eugene Planning Division R-1 Low-Density Residential Page 11 of 11 0 55 110 Ft 220 N