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. In response to COVID-19, the Permit and Information Center remains closed to the public at this time. 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, NOVEMBER 17, 2021 – Public Hearing 5:00 pm Hearing Official: Virginia Gustafson Lucker I. PUBLIC HEARING ON KENDALL JAMES HOME ZONE VERIFICATION APPLICATION (Z 21-5) Description: Zone Change request to change zone from AG (Agricultural) to R-1 (Low- Density Residential). File Name (#): KENDALL AND JAMES HOMES LLC (Z 21-5) Location: 801 River Loop 1 Assessor’s Map / Tax Lot: 17-04-12-20 / 00900 Applicant’s Representative: Jed Truett, Metro Planning Lead City Staff: Nick Gioello, Associate Planner 541-682-5453, NGioello@eugene-or.gov [See next page for public hearing format and participation instructions] Page 1 of 14 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 14  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 Number (Name): Z 21-5 (Kendall and James Homes, LLC) Applicant: Kendal and James Homes, LLC 835 Sand Ave, Eugene, OR 97401 Applicant’s Representative: Metro Planning 846 A Street Springfield, OR 97477 Lead City Staff: Nicholas Gioello, Associate Planner Relevant Dates: Application Submitted: September 3, 2021 Deemed Complete: October 1, 2021 Public Hearing: November 17, 2021 Subject property Address: 801 River Loop 1, Eugene, OR 97404 Map No. / Tax Lot: 17-04-12-20 / 00900 Size: Approximately 2.11 Acres Location: Located east of River Road at the eastern terminus of Terra Linda Avenue, with frontage on River Loop 1 in the Santa Clara Neighborhood. Application Summary The Zone Change Application requests a change of the base zone from AG Agricultural to R-1 Low-density Residential on the subject property. The site also has a Water Resources (/WR) Conservation overlay zone that will remain and is not being changed with this application. Based on the findings in this staff report, staff recommends the Zone Change be approved. Figure 1: Subject Property location (For reference purposes only. Please see attachments A and B for detailed maps) Staff Report Kendall and James Homes, LLC | Z 21-5 Page 3 of 14 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. 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 a change from AG Agricultural zone to R-1 Low-Density Residential zone. The property also has a Water Resources Conservation (/WR) overlay zone. The /WR overlay zone will remain and is not being altered due to the presence of a Goal 5 riparian area impacting the northeast corner of the parcel. The subject property is approximately 2.1 acres and currently developed with a single-family residence. Properties in the immediate vicinity are developed with single family residences except for the adjacent church property to the north. Properties in the immediate area are zoned either R-1 Low Density Residential or AG Agricultural. The property is L shaped with Staff Report Kendall and James Homes, LLC | Z 21-5 Page 4 of 14 frontage along River Loop 1 on its east boundary. Terra Linda Avenue terminates along a portion of the west property boundary. The subject property is zoned AG Agricultural. The subject property was annexed into the City effective on August 16, 2021, per City Council Resolution No. 5331 and application file A 21-7. Per the Metro Plan and the River Road – Santa Clara Urban Facilities Plan, the property and surrounding area is designated low-density residential. Timing, Notice, and Testimony Application Submitted September 3, 2021 Determined to be Complete October 1, 2021 Application Notice Sent to DLCD* October 13, 2021 Timeline Public Notice (per EC 9.7315) October 18, 2021 Public Hearing November 17, 2021 * State of Oregon Department of Land Conservation and Development (DLCD) Public Notice and Referrals Public notice of this zone change application was provided in accordance with Eugene Code (EC) 9.7315 requirements. 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 No public testimony or written comments have been received as of the date of this staff report. 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 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 bolded typeface. Staff’s findings in response to each of the criteria are provided below, to assist the Hearings Official in making a decision on the zone change request. Staff Report Kendall and James Homes, LLC | Z 21-5 Page 5 of 14 EC 9.8865: Approval of a zone change application, including the designation of an overlay zone, shall not be approved unless it meets all of the following criteria: 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. Metropolitan Residential Land Use and Housing Element: A.2 – Residentially designated land within the UGB should be zoned consistent with the Metro Plan and applicable plans and policies; however, existing agricultural zoning may be continued within the area between the city limits and the UGB until rezoned for urban uses. The subject property is currently used as a residence. The current Agricultural zone is due to the history of agricultural uses in the River-Road Santa Clara neighborhood and being recently annexed into the City. As the area develops, it is anticipated that properties will transition to urban uses that are consistent with the future land uses indicated on the Metro Plan Diagram (See Figure 3). A.10 – Promote higher residential density inside the UGB that utilizes existing infrastructure, improves the efficiency of public services and facilities, and conserves rural resource lands outside the UGB. The proposed zone change would allow for a higher density of residential uses that are served by existing infrastructure that can be extended onto the subject property and therefore supports this policy. A.13 – Increase overall residential density in the metropolitan area by creating more opportunities for effectively designed in-fill, redevelopment, and mixed use while considering impacts of increased residential density on historic, existing and future neighborhoods. The proposed zone change would allow for future residential development within the Urban Growth Boundary at a scale and density that is consistent with the surrounding uses and properties. A.17 – Provide opportunities for a full range of choice in housing type, density, size, cost, and location. The proposed zone change would allow different levels of residential development that comply with standards set for the R-1 Low-Density residential zone. Environmental Design Element: E.1 - In order to promote the greatest possible degree of diversity, a broad variety of commercial, residential, and recreational land uses shall be encouraged when consistent with other planning policies. Staff Report Kendall and James Homes, LLC | Z 21-5 Page 6 of 14 The proposed zone change would allow for a variety of residential uses that comply with the R- 1 low-density residential zone and is consistent with other planning policies as identified above. Staff recognizes that the policies above do not constitute mandatory approval criteria, but are nonetheless relevant and supportive of the proposed zone change. The proposed R-1 zoning is also consistent with the property’s designation for low-density residential uses on the Metro Plan land use diagram (See Figure 3). Based on this evaluation, staff finds that this zone change application is generally consistent with applicable provisions of the Metro Plan. Approximate location of subject property. Figure 2: Eugene-Springfield Metropolitan Area General Plan: Plan Diagram. See Metro Plan for official plan diagram. 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 River Road – Santa Clara Urban Facilities Plan (Refinement Plan) is the adopted refinement plan for the subject property. Staff finds that the subject property is in the Santa Clara Neighborhood, but is not located within any specified subareas as identified in the Refinement Plan (See Figure 4). General Land Use Policies: 2.0 – Adopt zoning that is consistent with the land use diagram and policies contained in the land use element of the Urban Facilities Plan. Staff Report Kendall and James Homes, LLC | Z 21-5 Page 7 of 14 The proposed R-1 zoning is consistent with the intended zone identified by the Refinement Plan (See Figure 4), which designates the property for low-density residential uses. 3.0 – Provide for land uses that conform to Metropolitan Plan goals and policies that consider the provision of a full range of urban services in an efficient and effective manner. Based on the evaluation of the Metro Plan policies as discussed above, the proposed zone change is also consistent with the Refinement Plan and provides adequate opportunity to connect to existing urban services in an efficient and effective manner. Residential Land Use Policies: 1.0 – Recognize and maintain the predominately low-density character of the area consistent with the Metropolitan Plan. The proposed R-1 zoning is consistent with the low-density character of the surrounding neighborhood and the low-density residential land use designation of the Metro Plan. Approximate 2.0 – Provide a diversity of housing types in location of the area. Available techniques include subject encouraging reinvestment and rehabilitation property. of existing housing stock and the use of development standards that provide for clustering or planned unit development. Per EC 9.2700, the purpose of the R-1 Low-Density Residential zone is to implement the comprehensive plan by providing areas for low- density residential use. The R-1 zone is primarily intended for single-family dwellings with some opportunity for other types of dwellings and is also intended to provide a limited range of non- Figure 3: Land Use Diagram (Source: River Road- residential uses that can enhance the quality of Santa Clara Urban Facilities Plan, 1986) See Refinement Plan for official Land Use diagram. low-density residential areas. Based on the intent of the R-1 zone and mechanisms for flexibility in design, such as a planned unit development or cluster subdivision, the proposed zone change is consistent with this policy. Based on this evaluation, staff finds that this zone change application is consistent with applicable policies of the Refinement Plan. 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. Staff Report Kendall and James Homes, LLC | Z 21-5 Page 8 of 14 Wastewater: The property is currently served with public sewer service. Connection to the City’s public Sewer is via shared 6-inch private line with the adjacent property at 833 River Loop 1. Future demolition of the existing structure and redevelopment of the site and will require the abandonment of the shared system and separate connections for both properties Stormwater: A public storm system does not exist as there is no curb and gutter in the area. Soils for the subject property and surrounding area appear to be type B, which indicates good infiltration rates with on-site retention and infiltration as feasible options for future development. Any development will be required to comply with the development standards of chapter 9 and the Stormwater Management Manual. Streets: The property has frontage on River Loop 1 which is classified as a local street and is owned and maintained by Lane County Public Works. Future development will be subject to the access connection standards in accordance with the regulations of Lane County. The property also has frontage on Terra Linda Avenue, which currently terminates at the western property boundary. Terra Linda Avenue is classified as a local street fully developed to City standards and per an intergovernmental agreement is maintained by Lane County. Access management and street standards will be evaluated at the time of future development. Solid Waste: Collection service is provided by private entities. Regional disposal sites and the Short Mountain Landfill are operated by Lane County. Water and Electric: Per the findings in Annexation A-21-7 for the subject property, Eugene Water and Electric Board (EWEB) staff state no objections regarding water and electric services, since the property is currently connected to both services. Future connections will be evaluated at the time of future development in accordance with EWEB policies and procedures. Public Safety: Police protection was extended to this site upon the annexation of the subject property, 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 Terra Linda Avenue and River Loop 1. Additionally, public transit is available less than 0.75 miles from the subject property on River Road. Parks and Recreation: Specific to the subject property, the following parks and recreation amenities are in the general vicinity of the subject property; Terra Linda Park, Santa Clara Community Park, Lone Oak Park, and the Echo Hollow Pool and Fitness Center. 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, Staff Report Kendall and James Homes, LLC | Z 21-5 Page 9 of 14 Chapter 9, will provide the required land use controls for future development of the subject property. Communication: A variety of telecommunications providers offer communications services throughout the Eugene/Springfield area; therefore, at the time of future development, these services may be accessed, and this key urban service requirement is met. Public Schools: The subject property is within Eugene School District 4J and is within the district boundary of Awbrey Park School, Madison Middle School, and North Eugene High School. 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. Further analysis of the availability of key urban facilities and services can be found under the findings associated with the Annexation of property (A-21-7), herein incorporated by reference. Based on this evaluation, and referral comments from Public Works staff, this criterion has been 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. (u) EC 9.4915 /WR Water Resources Conservation Overlay Zone Siting Requirements (only for the purposes of adding the overlay zone. See EC 9.4960.). 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. Staff finds that the zones and siting requirements listed under EC 9.8865(4) and (5) are not present, nor applicable, to the subject property. Specifically, EC 9.8865(4)(f), regarding residential siting requirements, provides siting requirements for the R-1 zone and therefore does not apply. Staff also notes that the existing /WR Water Resources Conservation overlay zone will remain on the property. Transportation Planning Rule (TPR) – OAR 660-012-0060 Staff finds that 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)). OAR 660-012-0060(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 Staff Report Kendall and James Homes, LLC | Z 21-5 Page 10 of 14 place measures as provided in section (2) of this rule, unless the amendment is allowed under section (3), (9), or (10) of this rule. Staff finds that the proposed zone change is subject to subsection (9). OAR 660-012-0060 (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 (TSP) is the City’s acknowledged local transportation system plan. Per Chapter 3: Needs Assessment and Evaluation of the 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. Because the 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 TSP.” The recommended R-1 zoning of the subject property is consistent with its land use designation in the Metro Plan. Therefore, the zoning of the subject property is consistent with the 2035 TSP. As the applicant has not requested an amendment of the Metro Plan designation, and the proposed R-1 zoning remains consistent with its Low-Density Residential 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 the state’s Transportation Planning Rule, and based on all available information as of the date of this report, staff recommends the Hearings Official approve the requested zone change from AG Agricultural to R-1 Low-density Residential on the subject property. As previously noted, the existing /WR Water Resources Conservation overlay zone will remain 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 Staff Report Kendall and James Homes, LLC | Z 21-5 Page 11 of 14 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 13th 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, referral comments, and other related correspondence for review prior to the public hearing. These materials will also be made available for review at the public hearing. Attachment A: Vicinity Map Attachment B: Zoning Map For More Information, please contact Nicholas Gioello, Associate Planner, Planning Division, at: (541) 682-5253; or by e-mail, at: Ngioello@eugene-or.gov. Staff Report Kendall and James Homes, LLC | Z 21-5 Page 12 of 14  Vicinity Map Z 21-5 Kendall and James Homes, LLC Attachment A WILKES DR BANNER ST POPLAR ST OO KENDRA ST YW ALAMEDA ST BA AMESBURY AVE D ST E ANCHOR AVE TERRA LINDA AVE ZANE LN PAULA CT EG R ST INE PE R RIVER LOOP 1 ADMIRAL ST WEDGEWOOD DR COMMODORE ST BANTON AVE GRIZZLY 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 11/2/2021 by City of Eugene Planning Division Page 13 of 14 0 75 150 Ft 300 N  Zoning Map Z 21-5 Kendall & James Homes, LLC Attachment B WILKES DR BANNER ST POPLAR ST OO KENDRA ST YW ALAMEDA ST BA AMESBURY AVE D ST E ANCHOR AVE R-1 TERRA LINDA AVE ZANE LN PAULA CT EG R ST INE AG PE R RIVER LOOP 1 ADMIRAL ST WEDGEWOOD DR PL COMMODORE ST BANTON AVE GRIZZLY AVE Subject Property Eugene UGB Caution: This map is based on imprecise source data, subject to Zone Overlays change, and for general reference only. AG Agricultural ^ Created on 11/3/2021 by City of Eugene Planning Division PL Public Land R-1 Low-Density Residential Taxlots Page 14 of 14 0 75 150 Ft 300 N