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, December 15, 2021 – Public Hearing 5:00 pm Hearing Official: Virginia Gustafson Lucker I. PUBLIC HEARING: 3915 SCENIC DRIVE ZONE CHANGE APPLICATION (Z 21-6) Description: Zone Change request to change zone from AG (Agricultural) to R-1 (Low- Density Residential). File Name (#): 3915 SCENIC DRIVE (Z 21-6) Location: 3915 Scenic Drive Assessor’s Map / Tax Lot: 17-04-02-14 / 01400 Applicant’s Representative: Anthony Favreau, The Favreau Group Lead City Staff: Nicholas Gioello, Associate Planner 541-682-5453, NGioello@eugene-or.gov II. PUBLIC HEARING: SNAKE RIVER JESSEN ZONE CHANGE APPLICATION (Z 21-7) Description: Zone Change request to change zone from PL (Public Land) to R-1 (Low- Density Residential) with a /CAS Commercial Airport Safety Overlay File Name (#): SNAKE RIVER JESSEN (Z 21-7) Location: Vacant site east of Highway 99 between Jessen Drive and McDougal Lane Assessor’s Map / Tax Lot: 17-04-15-23 / 01400 Applicant’s Representative: Richard Satre, Satre Group Lead City Staff: Althea Sullivan, Senior Planner 541-682-5485, ASullivan@eugene-or.gov Page 1 of 22 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 22  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): 3915 Scenic Drive (Z 21-6) Owner/ Applicant: Pineridge Construction, LLC Applicant’s Representative: Tony Favreau, The Favreau Group, LLC Lead City Staff: Nicholas Gioello, Associate Planner Relevant Dates: Application Submitted: October 14, 2021 Deemed Complete: October 29, 2021 Public Hearing: December 15, 2021 Subject Site: 3915 Scenic Drive, north of River Loop 2 Map No. / Tax Lots: 17-04-02-14/ 01400 Application Summary The applicant is requesting approval of a Zone Change to change the base zoning of a 1.82-acre property to Low-Density Residential (R-1). The site currently has a base zone of Agricultural (AG). 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 issuing 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 3915 Scenic Drive | Z 21-6 Page 3 of 22 How Does Zoning Work? The Eugene-Springfield Metropolitan Area General Plan (Metro Plan) is part of the City’s comprehensive plan. The Metro Plan helps to guide land use and zoning decisions. It includes long-range policy direction for land use planning and legislative decision-making, as well as guidance for parcel-specific land use decisions such as this zone change request. In some areas, refinement plans provide additional policies and land use designation maps to further guide land use decision-making in specific neighborhoods or geographic areas of the City. Another component of the City’s comprehensive plan is the Envision Eugene Comprehensive Plan. It provides goals and policies to help guide the City in updating the Eugene Code and other regulatory documents, programs and planning projects. Unlike the Metro Plan or refinement plans, the Envision Eugene policies are not intended to be used in determining approval or denial of land use applications, like a Zone Change, unless such direction is stated in the policy. In the context of a Zone Change application, consistency with the applicable provisions of the Metro Plan and any applicable adopted refinement plans for the area of the request, is fundamental to the decision-making process. More than one zone category may carry out a particular land use designation, and the relevant policy direction helps determine what the zoning should be. In other cases, the land use designation and policy direction may be so specific that only one zone or overlay zone can correctly establish particular restrictions, development standards or process. In a nutshell, zoning specifies allowed uses for a piece of land, and what standards will apply at the time of development (e.g. height, setbacks). Application Details & Procedure The applicant is requesting approval for a Zone Change to change the base zone of a 1.82-acre property from Agricultural (AG) to Low-Density Residential (R-1). Recent approval by City Council on October 11, 2021 (City file: A 21-11) granted the applicant’s request to annex the subject property, which removed the /UL Overlay zone per the requirements of EC 9.7820. The subject property is surrounded by developed and undeveloped single-family residential properties. For ease of reference, maps of the subject site vicinity and zoning can be seen in Attachments A and B. Timing, Notice, and Testimony Application Submitted October 14, 2021 Deemed Complete October 29, 2021 Application DLCD Notice November 10, 2021 Timeline Public Notice (per EC 9.7315) November 8, 2021 Public Hearing December 15, 2021 Testimony As of the publication of this report, no testimony has been received regarding this proposal. If Staff Report 3915 Scenic Drive | Z 21-6 Page 4 of 22 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 to change the base zone of the subject property from Agricultural (AG) to Low-Density Residential (R-1). The Metro Plan diagram designates the subject property for Low-Density Residential uses, which is implemented through the proposed R-1 zoning, making the applicant’s request consistent with the Metro Plan diagram. Staff does not see any specific policies from the Metro Plan that would 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. The subject property is located within the boundaries of the River Road – Santa Clara Urban Facilities Plan (RR/SC UFP) refinement plan area. The RR/SC UFP designates the subject Staff Report 3915 Scenic Drive | Z 21-6 Page 5 of 22 property as Low-Density Residential, consistent with the applicant's requested R-1 zoning. The subject property is not located within a specific subarea of the RR/SC UFP. With regard to the general residential land use policies beginning on page 2-14 of the RR/SC UFP, none appear to read as mandatory approval criteria for the subject request. Staff notes the following policy as possibly relevant: 1.0 Recognize and maintain the predominately low-density residential character of the area consistent with the Metro Plan. The requested R-1 zone is consistent with the low-density residential character and Metro Plan designation of the surrounding area. There are no other policies within the RR/SC UFP that appear to be relevant or constitute mandatory approval criteria. Based on these findings, the zone change is consistent with the applicable 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. 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). Wastewater There is an existing 8-inch diameter public wastewater line in Dublin Avenue. As-constructed drawings show an 8-inch stub from this line to the property. Records also indicate that the site is served by two existing 6-inch diameter service lines from the 10-inch diameter public line in Scenic Drive. Stormwater There is an existing 10-inch public storm system in Dublin Avenue near the northwest property corner. Streets The site has frontage along Scenic Drive to the west and Dublin Avenue to the east. Scenic Drive, classified as a neighborhood collector, is a Lane County street. Dublin Avenue is classified as a local street, owned by the City of Eugene, and maintained by Lane County. The referral comments from Public Works staff confirm the availability of the above discussed public infrastructure to serve the subject property at the time of development. Further analysis of the availability of key urban facilities and services can be found under the findings associated with the Annexation of property (A-21-11), herein incorporated by reference, which confirm the availability of key urban facilities for the site. Staff Report 3915 Scenic Drive | Z 21-6 Page 6 of 22 Based on these findings, 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-1 zoning, there are no 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. 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 Staff Report 3915 Scenic Drive | Z 21-6 Page 7 of 22  (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. In their written statement the applicant correctly states that the proposed zoning of the subject property is consistent with the Metro Plan and the low-density residential designation was in effect at the time an acknowledged transportation system plan was adopted, therefore the zoning of the subject property is consistent with 2035 TSP. As the applicant has not requested an amendment to the Metro Plan designation, and the proposed zoning 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 a base zone of R-1 Low-Density Residential. 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. Staff Report 3915 Scenic Drive | Z 21-6 Page 8 of 22 Attachments Attachment A: Vicinity Map Attachment B: 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-21-0006 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, Eugene Planning Division, at: (541) 682-5453; or by e-mail, at: NGioello@eugene-or.gov Staff Report 3915 Scenic Drive | Z 21-6 Page 9 of 22  3915 Scenic Drive Zone Change (City File: Z 21-6) Vicinity Map Attachment A SHAMROCK AVE BANOVER ST KI L RE DA ST SCENIC DR BANNER ST Proposed Zoning: R-1 Low-Density Residential K R IC E LIM AVE DUBLIN AVE N GROVE RIVER LOOP 2 CT JASON ST Subject Property Caution: This map is based on imprecise source data, subject to Taxlots ^ change, and for general reference only. Eugene UGB Created on 12/1/2021 by City of Eugene Planning Division Page 10 of 22 0 50 100 Ft 200 N  3915 Scenic Drive Zone Change (City File: Z 21-6) Zoning Map Attachment B SHAMROCK AVE R-1 BANOVER ST KI L RE DA ST SCENIC DR BANNER ST Proposed Zoning: R-1 Low-Density Residential K R IC AG E LIM AVE DUBLIN AVE N GROVE RIVER LOOP 2 CT JASON R-2 ST Subject Property Caution: This map is based on imprecise source data, subject to Taxlots ^ change, and for general reference only. Eugene UGB Created on 12/1/2021 AG Agricultural by City of Eugene Planning Division R-1 Low-Density Residential R-2 Medium-Density Residential Page 11 of 22 0 50 100 Ft 200 N  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): SNAKE RIVER JESSEN (Z 21-7) Owner/ Applicant: Snake River Jessen, LLC Applicant’s Representative: The Satre Group Lead City Staff: Althea Sullivan, Senior Planner Relevant Dates: Application Submitted: October 13, 2021 Deemed Complete: November 9, 2021 Public Hearing: December 15, 2021 Subject Site: Vacant site located east of HWY 99N between Jessen Drive and McDougal Lane. Map No. / Tax Lots: 17-04-15-23/ 01400 Application Summary The applicant is requesting approval of a Zone Change to change the base zoning of a 9.43-acre property to Low-Density Residential (R-1). The site currently has a base zone of Public Land (PL) with a Commercial Airport Safety Overlay (/CAS). 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 SNAKE RIVER JESSEN | Z 21-7 Page 12 of 22 How Does Zoning Work? The Eugene-Springfield Metropolitan Area General Plan (Metro Plan) is part of the City’s comprehensive plan. The Metro Plan helps to guide land use and zoning decisions. It includes long-range policy direction for land use planning and legislative decision-making, as well as guidance for parcel-specific land use decisions such as this zone change request. In some areas, refinement plans provide additional policies and land use designation maps to further guide land use decision-making in specific neighborhoods or geographic areas of the City. Another component of the City’s comprehensive plan is the Envision Eugene Comprehensive Plan. It provides goals and policies to help guide the City in updating the Eugene Code and other regulatory documents, programs and planning projects. Unlike the Metro Plan or refinement plans, the Envision Eugene policies are not intended to be used in determining approval or denial of land use applications, like a Zone Change, unless such direction is stated in the policy. In the context of a Zone Change application, consistency with the applicable provisions of the Metro Plan and any applicable adopted refinement plans for the area of the request, is fundamental to the decision-making process. More than one zone category may carry out a particular land use designation, and the relevant policy direction helps determine what the zoning should be. In other cases, the land use designation and policy direction may be so specific that only one zone or overlay zone can correctly establish particular restrictions, development standards or process. In a nutshell, zoning specifies allowed uses for a piece of land, and what standards will apply at the time of development (e.g. height, setbacks). Application Details & Procedure The applicant is requesting approval for a Zone Change to change the base zone of a 9.43 acre property from Public Land (PL) to Low-Density Residential (R-1). The applicant notes in their request that the property has both a Commercial Airport Safety (/CAS) and Urbanizable Lands (/UL) overlay. Based on approval given by City Council on October 11, 2021 of the applicant’s request to annex the subject property, the /UL Overlay is no longer applicable (see EC 9.7820). The subject property is surrounded by a mixture of uses and zones. To the southwest properties are zoned for low density residential development and are generally developed with single family homes. To the north and south along the west side of HWY 99N properties are zoned commercially and several businesses are operating. Across HWY 99N from the subject property is an area that is zoned and developed with industrial uses. For ease of reference, a map of the subject site and zoning can be seen in Attachment A, and Attachment B respectively. The site has been the subject of two recent land use applications, the first was for the correction of a map error which had placed Goal 5 protections onto the subject property (file number: OC2 20-1). The second was for annexation to the City of Eugene (file number: A 21-9) at which time the /UL overlay was removed from the site as discussed above. Staff Report SNAKE RIVER JESSEN | Z 21-7 Page 13 of 22 Timing, Notice, and Testimony Application Submitted October 13, 2021 Deemed Complete November 9, 2021 Application DLCD Notice November 10, 2021 Timeline Public Notice (per EC 9.7315) November 12, 2021 Public Hearing December 15, 2021 Testimony In response to the public notice, a letter was received from Sycan B Corp. (Sycan) which requests a condition of approval for dedication of right-of-way. The letter describes the difficulty that Sycan has had redeveloping their property due to the existing right-of-way width of McDougal Lane. Sycan also highlights safety concerns due to inadequate lighting, and activities that have been occurring on the subject property. Further discussion of the testimony is provided in the context of the approval criterion to which the testimony relates, the full version of the letter is available as Attachment C. Public Notice and Referrals Public notice was provided in accordance with the requirements of Eugene’s Land Use Code. The Planning Division also provided information concerning the application to appropriate City departments, public agencies, neighborhood organization, and service providers. All referral comments received by the Planning Division on this application are included in the application file for reference. The substance of any relevant referral comments is addressed in the context of applicable approval criteria and standards in the following evaluation. Zone Change Evaluation In accordance with EC 9.7330, the Hearings Official is required to approve, approve with conditions, or deny a Type III land use application. The decision must be based on, and be accompanied by, findings that explain the criteria and standards considered relevant to the decision. It must also state the facts relied upon in rendering the decision and explain the justification for the decision based upon the criteria, standards, and facts set forth. The Hearings Official will review the application and consider relevant evidence and testimony as to whether the proposed Zone Change is consistent with the applicable criteria required for approval, shown below in bold typeface. To assist the Hearings Official in making a decision on the Zone Change request, staff’s findings in response to each of the criteria are provided below. Staff Report SNAKE RIVER JESSEN | Z 21-7 Page 14 of 22  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 to change the base zone of the subject property from Public Land (PL) to Low-Density Residential (R-1). The property also has a /CAS Commercial Airport Safety Overlay which the applicant has not requested to change. The Metro Plan diagram designates the subject property for Low Density Residential uses, which is implemented through the proposed R-1 zoning, making the applicant’s request consistent with the Metro Plan diagram. The applicant notes several policies that support their request; however, staff does not see any specific policies from the Metro Plan that would 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. The subject property is located within the boundaries of the Bethel-Danebo Refinement Plan (Refinement Plan) area. The Refinement Plan was amended in 1982 by resolution 3716. Resolution 3716 included an updated figure titled “Proposed Land Use” which shows the subject property being designated for Low Density Residential use, consistent with the Metro Plan. Again, the applicant notes several Refinement Plan policies that generally support their request; however, staff does not see any policies that are directly applicable or would otherwise serve as mandatory approval criteria. Based on the available evidence, the request complies with this criterion. 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 a list beginning on page 6 of their written narrative that details how each of the key urban facilities, as defined by the Metro Plan, are available and concludes that this criterion has been met. Staff Report SNAKE RIVER JESSEN | Z 21-7 Page 15 of 22 Testimony from Sycan requests that a condition of approval be provided that requires dedication of additional right-of-way in McDougal Lane. The requests notes that properties to the west of the subject property have already deeded right-of-way for McDougal Lane, and if right-of-way was required by the zone change it would allow for McDougal Lane to be improved. The improvements would then open the possibility for redevelopment of properties owned by Sycan. The above criterion focuses on the orderly extension of key urban facilities, which the street system is, but does not require a full buildout at the time of a zone change. Rather, the focus is on the uses and density that could be allowed by the zone change and whether, as noted, orderly extension of key urban facilities is possible. Referral comments from Public Works staff confirm the availability of public infrastructure to serve the subject property at the time of development which demonstrates that the orderly extension of key urban facilities is possible. Based on the availability of public infrastructure, staff does not recommend a condition of approval for the zone change. In response to the testimony from Sycan, it is worth noting that at the time of a specific development proposal the question of improvements in McDougal Lane will be evaluated. Depending on the extent of development additional right-of-way and improvements in McDougal Lane may be required. 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-1 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. 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. Staff Report SNAKE RIVER JESSEN | Z 21-7 Page 16 of 22 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. 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 Report SNAKE RIVER JESSEN | Z 21-7 Page 17 of 22  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 base zone of R-1 with a /CAS overlay. 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 Map Attachment B: Zoning Map Attachment C: Testimony 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-21-0007 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 SNAKE RIVER JESSEN | Z 21-7 Page 18 of 22  Snake River Jessen Zone Change (City File: Z 21-7) Vicinity Map Attachment A E RD LIN RP LT BE ON EB INE L BUSHNELL LN E LT EB B Proposed Zoning: THOMAS ST R-1 Low-Density Residential with a /CAS Commercial Aiport Safety Overlay I PRA MCDOUGAL LN RIE ASHLEY CT RD ARNOLD AVE HW HEINS 9N CT Y9 JESSEN DR N CLA REY ST CUBIT ST NOAH ST MANGAN ST Subject Property Caution: This map is based on Taxlots imprecise source data, subject to change, and for general reference only. Eugene UGB ^ Created on 12/6/2021 by City of Eugene Planning Division Page 19 of 22 0 105 210 Ft 420 N  Snake River Jessen Zone Change (City File: Z 21-7) Zoning Map Attachment B NRP D LIN NER RP E O LI N LT O BE E EB L IN BUSHNELL LN T EB BEL BE LT Proposed Zoning: WB R-1 Low-Density Residential with a /CAS Commercial Aiport Safety Overlay I PRA RIE MCDOUGAL LN RD ELIZABETH ST ARNOLD AVE HW 9N Y9 BEAN ST N CLAREY ST MAXWELL CUBIT ST RD MANGAN ST ST R ST WAGNE NOAH Subject Property Caution: This map is based on Taxlots imprecise source data, subject to change, and for general reference only. Eugene UGB C-2 Community Commercial I-2 Light-Medium Industrial ^ Created on 12/6/2021 by City of Eugene Planning Division I-3 Heavy Industrial PL Public Land R-1 Low-Density Residential R-2 Medium-Density Residential Page 20 of 22 0 130 260 Ft 520 N  Attachment C Via Email to: ASullivan@eugene-or.gov December 2, 2021 Hearing Official c/o Althea Sullivan, Senior Planner Eugene Planning Division 99 West 10th Avenue Eugene, OR 97401 Re: Zone Change Request – Highway 99 N & Jessen Drive [SNAKE RIVER JESSEN A 21-7] Dear Sir or Madam: I am writing to you today as the President of Sycan B Corp. (“Sycan”), to provide historical perspective and to comment on the above referenced zone change request. Sycan is the owner of multiple parcels of land with access served by McDougal Lane, immediately north of the property that is the subject of this Zone Change Request (“Jessen Parcel”). Sycan has owned the McDougal Lane properties for more than thirty years and has made multiple attempts at redevelopment. That redevelopment has been hampered by the lack of an adequate width right- of-way on McDougal Lane to comply with City Code requirements as well as by the condition of the street. As recently as 2017, Sycan undertook negotiations with the Oregon Department of Fish and Wildlife (“ODFW”), the previous owner of the Jessen Parcel, in an effort to obtain the necessary fifteen (15) feet of right-of-way from the Jessen Parcel in order to facilitate the necessary improvement of McDougal Lane. Those negotiations stalled and ODFW sold the Jessen Parcel to its current owner. The northern boundary of the Jessen Parcel, where it abuts McDougal Lane, has languished in disrepair for years with illegal dumping, illegal parking, and a vagrant camping problem. In addition to blocking redevelopment of the adjacent parcels of land, the condition of McDougal Lane contributes to significant safety and security issues for the residents and business owners in the surrounding area. Improvements to McDougal Lane would not only result in the street improvements necessary to facilitate redevelopment of adjacent land, but also in additional legal parking for neighboring homes and businesses, adequate lighting for crime prevention and safety, and a deterrent to illegal dumping. Through conversations with Public Works, Sycan is aware that, in order to move forward with the overdue and necessary improvements, McDougal Lane needs to be widened from its current 30.5 foot wide, gravel-finished right-of-way to a 45-foot paved right-of-way with a sidewalk on one side. To that end, the parcels west of the Jessen Parcel which also abut McDougal Lane include a 15.5-foot-wide easement running parallel to McDougal for this purpose. The absence of a similar easement on the Jessen Parcel is the stalling point for road improvements and future redevelopment of the surrounding parcels. Page 21 of 22  Attachment C Hearing Official Eugene Planning Division December 2, 2021 Page 2 Sycan is not in opposition to the proposed zoning change and future development of the Jessen Parcel as a low-density residential area. That said, Sycan respectfully requests that, as a condition of approval, the Hearing Official require Owner to dedicate adequate right-of-way adjacent to McDougal Lane to provide the required width to allow the properties on the west, served by McDougal Lane to develop. Sycan further suggests that, as a finding in the zoning approval, there be a requirement that utilities be extended through the Jessen parcel to McDougal Lane so as to facilitate the orderly redevelopment of the adjacent parcels of land. Thank you in advance for your thoughtful consideration of this information and request. Sincerely, Richard D. Boyles President Page 22 of 22