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 Permit and Information Center (PIC) is open 12:00pm—4:00pm, Monday through Friday. 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, June 15, 2022 – Public Hearing 5:00 pm Hearing Official: Virginia Gustafson Lucker I. PUBLIC HEARING: R-1.5 ROWHOUSE ZONE REMOVAL (Z 22-7) Description: Zone Change request to change the property’s zoning from R-1.5, Rowhouse to R-1, Low-Density Residential. File Name (#): R-1.5 Rowhouse Zone Removal (Z 22-7) Location: 1550, 1554, 1558 Walnut Street Assessor’s Map / Tax Lot: 17-03-33-33 / 12700 & 12800 & 12900 Lead City Staff: Jeff Gepper, Senior Planner, 541-682-5282, JGepper@eugene-or.gov II. PUBLIC HEARING: GARDEN WAY (Z 22-6) Description: Zone Change request to change zoning from Agricultural with Nodal Development Overlay (AG/ND) to Chase Nodal Special Area with the High Density Residential & Mixed Use Subarea (S-CN/HDR/MU). File Name (#): GARDEN WAY (Z 22-6) Location: 110 S Garden Way Assessor’s Map / Tax Lot: 17-03-28-40 / 01101 Applicant’s Representatives: Carol Schirmer, Schirmer Consulting Lead City Staff: Nick Gioello, Associate Planner, 541-682-5453, NGioello@eugene-or.gov Page 1 of 31 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/89276163833 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: 892 7616 3833 +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 31  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): R 1.5 Zone Removal (Z 22-7) Applicant: City of Eugene Lead City Staff: Jeff Gepper, Senior Planner Relevant Dates: Application Submitted: April 22, 2022 Deemed Complete: April 22, 2022 Public Hearing: TBD Subject Site: 1550, 1554, 1558 Walnut Street Map No. / Tax Lot: 17-03-33-33 / 12700, 12800, 12900 Application Summary The City of Eugene is requesting approval of a request to change the base zoning of three properties from R-1.5 Rowhouse to R-1 Low-Density Residential. 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 Staff Report R-1.5 Zone Removal | Z 22-7 Page 3 of 31 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 The City of Eugene is requesting approval for to change the base zone of three properties from R 1.5 Rowhouse to R-1 Low-Density Residential. This change is being processed in response to the adopted changes to Eugene’s land use code as part of the Middle Housing Code Amendments project. These changes were adopted in Ordinance 20667. The Eugene Middle Housing Code Amendment project is intended to implement Oregon House Bill 2001 (2019), codified as ORS 197.758, which requires Oregon’s large cities, including Eugene, to allow duplexes, triplexes, quadplexes, townhouses and cottage clusters (collectively referred to as middle housing) in more places across the City, in order to increase housing choice and supply. Pertinent to this zone change is that fact that the changes allow for townhouse development in all of Eugene’s zones that implement the Metro Plan’s residential plan designation. Given this fact, the R 1.5 is unnecessary and is proposed for removal as part of the code amendments (City File: CA 21-1). The requested zone change intends to change the zoning on any property zoned R 1.5 to be consistent with their Metro Plan designation. However, the R 1.5 was not widely utilized and there are only three parcels in the City of Eugene that are zoned R 1.5, located at 1550, 1554, and 1556 Walnut Street. Each of the properties is developed with a rowhouse and accessory building. With the adoption of Ordinance 20667, the developed rowhouses on the subject properties are a permitted use in the proposed R-1 zone, though the developed rowhouses may not meet the new development standards and may be legal, non-forming structures in an R-1 zone. This zone change will have no impact on the dwellings occupancy status and no changes are proposed to the sites except for the zoning. The properties are surrounded by a mixture of single-family and multi-family residential properties. As a note, the term rowhouse and townhouse are synonymous and interchangeable as it pertains to the information provided in this application. For ease of reference, maps of the subject site vicinity and zoning can be seen in Attachments A and B. Staff Report R-1.5 Zone Removal | Z 22-7 Page 4 of 31 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 R 1.5 Rowhouse to Low-Density Residential (R-1). The Metro Plan diagram designates the subject property as Low-Density Residential, which is implemented through the proposed R-1 zoning, making the request consistent with the Metro Plan diagram. Figure 1: Metro Plan Diagram. Inset Map: Subject area with approximate location of subject properties identified with a star. Staff Report R-1.5 Zone Removal | Z 22-7 Page 5 of 31 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 Fairmount/University of Oregon Special Area Plan (F/U SAP) refinement plan area. The F/U SAP designates the subject property as Low-Density Residential, consistent with the applicant's requested R-1 zoning. Staff notes the following policy as possibly relevant: 1. The City of Eugene will use the Land Use Diagram and the policies of this plan along with other City policies in making land use and other decisions regarding the plan area. The Land Use Diagram is a generalized map and graphic depiction of the policies and Figure 2: Fairmount/University of Oregon Special Area Plan - Land Use Diagram (1982). Subject Properties approximate location identified with a star. Staff Report R-1.5 Zone Removal | Z 22-7 Page 6 of 31  proposals of this plan and the Community Goals and Policies. It is a supplement to and a refinement of the Metropolitan Area General Plan Diagram. (F/U SAP Page 15) As seen in Figure 2, the subject property is designated with the low-density residential designation in the F/U SAP Land Use Diagram. As the proposed R-1 zoning is consistent with this designation, the proposal is consistent with this policy. There are no other policies within the F/U SAP 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 Walnut Alley and Walnut Street. The existing townhouses are connected to the public wastewater system. Stormwater Public stormwater is not available because there is no piped public stormwater system in Walnut Street adjacent to the site. However, soils may include sufficient permeability for some type of on-site retention. While the properties are already developed, any future development will be required to address all applicable stormwater management standards including flood control, water quality, oil control, easements, and operation and maintenance. Streets The site has frontage along Walnut Street, which is classified as a local street and owned and maintained by the City of Eugene. Solid Waste: The City of Eugene regulates solid waste, recycling and yard debris collection within the city limits. Collection services are provided by licensed, private entities that may collect from any area in Eugene. Regional disposal sites and the Short Mountain Landfill are operated by Lane County. Water and Electric: The properties have existing services for water and electrical services, operated by Eugene Water and Electric Board (EWEB). Staff Report R-1.5 Zone Removal | Z 22-7 Page 7 of 31 Public Safety: Police protection is provided by the Eugene Police Department within the City limits. 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 Walnut Street. The subject property is served by a network of sidewalks and streets. Public transit is available approximately 800 feet north of the subject properties on Franklin Boulevard. Parks and Recreation: Specific to the subject property, the following parks and recreation amenities are in the general vicinity of the subject property; Fairmount Park and Hendricks. Furthermore, Parks and recreation programs are provided on a City‐wide basis. Therefore the inclusion of the subject property in the City demonstrates that this 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 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 Edison Elementary School, Roosevelt Middle School, and South Eugene High School. As access to schools is evaluated on a district wide basis, the property’s location within the school district demonstrates the minimum level of urban service is met. 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 application of the R-1.5 zone. Because the requested zoning is R-1, there are no siting requirements, and this criterion is not applicable. EC 9.8865(5): In cases where the NR zone is applied based on EC 9.2510(1)(b), the property owner shall enter into a contractual arrangement with the city to ensure the area is maintained as a natural resource area for a minimum of 50 years. The request does not include the NR zone and the subject site is not located in an area that would otherwise require the application of the NR zone. Based on the available information and evidence, this criterion is not applicable. Staff Report R-1.5 Zone Removal | Z 22-7 Page 8 of 31 Transportation Planning Rule (TPR) Goal 12 Transportation of the Statewide Planning Goals, adopted by the Land Conservation and Development Commission (LCDC), must be specifically addressed as part of the requested zone change and in the context of Oregon Administrative Rules, as follows. As adopted, OAR 660-012-0060(1) states: (1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation (including a zoning map) would significantly affect an existing or planned transportation facility, then the local government must put in place measures as provided in section (2) of this rule, unless the amendment is allowed under section (3), (9) or (10) of this rule. The proposal qualifies for an exception under subsection (9), because the applicant is requesting zoning that is consistent with the Metro Plan designation. (9) Notwithstanding section (1) of this rule, a local government may find that an amendment to a zoning map does not significantly affect an existing or planned transportation facility if all of the following requirements are met. (a) The proposed zoning is consistent with the existing comprehensive plan map designation and the amendment does not change the plan map: (b) The local government has an acknowledged TSP and the proposed zoning is consistent with the TSP; and (c) The area subject to the amendment was not exempted from this rule at the time of an urban growth boundary amendment as permitted in OAR 660- 024-220(1)(d), or the area was exempted from this rule but the local government has a subsequently acknowledged TSP amendment that accounted for urbanization of the area. The City of Eugene’s adopted Eugene 2035 Transportation System Plan (2035 TSP) serves as the City’s acknowledged local transportation system plan. “Chapter 3: Needs Assessment and Evaluation”, of the 2035 TSP provides: The needs assessment and resulting projects… that establish a transportation system adequate to meet the identified local transportation needs are based upon the land use designations established by the Metro Plan. Because the 2035 TSP is based on the Metro Plan land use designations, any zone allowed within the land use designation is consistent with both the Metro Plan and this 2035 TSP. 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 Staff Report R-1.5 Zone Removal | Z 22-7 Page 9 of 31 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 to change the zoning to 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. 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/ApplicationDetails?file=Z-22-0007 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 Permit and Information Center is open for limited hours from 12:00p-4:00p Monday through Friday. The Hearings Official will receive a full set of application materials for review prior to the public hearing. For more information, please contact Jeff Gepper, Senior Planner, Eugene Planning Division, at: (541) 682-5282; or by e-mail, at: JGepper@eugene-or.gov Staff Report R-1.5 Zone Removal | Z 22-7 Page 10 of 31  R 1.5 Zone Removal (City File: Z 22-7) Vicinity Map Attachment A E 15TH AVE Proposed Zoning: R-1 Low-Density Residential ORCHARD ALY ORCHARD ST WALNUT ALY WALNUT ST FAIRMOU NT BLV D ROSE LN Subject Property Caution: This map is based on imprecise source data, subject to Taxlots change, and for general reference only. Eugene UGB Created on 4/20/2022 by City of Eugene Planning Division ^ Page 11 of 31 0 30 60 Ft 120 N  R 1.5 Zone Removal (City File: Z 22-7) Zoning Map Attachment B S-WS E 15TH AVE R-4 PL Proposed Zoning: R-1 Low-Density Residential R-1.5 ORCHARD ALY ORCHARD ST WALNUT ALY WALNUT ST FAIRMOU R-1 NT BLV D ROSE LN Subject Property Caution: This map is based on Taxlots imprecise source data, subject to change, and for general reference only. Eugene UGB PL Public Land Created on 4/20/2022 by City of Eugene Planning Division R-1 Low-Density Residential R-1.5 Rowhouse ^ R-4 High-Density Residential S Special Area Page 12 of 31 0 30 60 Ft 120 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): Garden Way (Z 22-6) Owner / Applicant: David Kersey Applicant’s Representative: Carol Schirmer, Schirmer Consulting, LLC Lead City Staff: Nicholas Gioello, Associate Planner Relevant Dates: Application Submitted: April 1, 2022 Deemed Complete: May 3, 2022 Public Hearing: June 15, 2022 Subject Site: 110 S. Garden Way Map No. / Tax Lots: 17-03-28-40 / 01101 Application Summary The applicant is requesting approval of a Zone Change to change the base zoning of the 1.4-acre subject property to S-CN Chase Node Special Area Zone with the /MU Mixed Use Subarea zone and /HDR High Density Residential Overlay zone. The site currently has a base zone of AG Agricultural with /ND Nodal Development Overlay. 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. 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 Staff Report Garden Way | Z 22-6 Page 13 of 31 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 of a Zone Change to change the base zoning of the 1.4-acre subject property to S-CN Chase Node Special Area Zone with the /MU Mixed Use Subarea zone and /HDR High Density Residential Overlay zone. The site currently has a base zone of AG Agricultural with /ND Nodal Development Overlay. The subject property is located at 110 S. Garden Way in the Harlow Neighborhood. The subject property is located within the boundary of the Willakenzie Area Plan, specifically within the South Region and the Chase Gardens Subarea. Approval by City Council on February 28, 2022 (City file: A 21-12) granted the applicant’s request to annex the subject property, which removed the /UL Overlay zone per the requirements of EC 9.7820. Additionally, the /ND Nodal Development overlay was applied to the property during the same process, as required under 9.7820. The subject property is developed with a single-family dwelling. The site includes the residence that is part of a site that is designated as historic. To the south of the property is a protected water resource known as the Q Street Channel, or as Goal 5 inventoried resources E42 C-3 and WKZ-14D. The channel and its 20-foot conservation area setback do not impact this property. To the east and west are high density multi-family uses and a retirement facility. To the south are single-family residential properties, which were recently rezoned to S-CN, /MU and /HDR. For ease of reference, maps of the subject site vicinity and zoning can be seen in Attachments A and B. Staff Report Garden Way | Z 22-6 Page 14 of 31 Timing, Notice, and Testimony Application Submitted April 1, 2022 Deemed Complete May 3, 2022 Application DLCD Notice May 11,2022 Timeline Public Notice (per EC 9.7315) May 11, 2022 Public Hearing June 15, 2022 Testimony As of the publication of this report, no testimony has been received regarding this proposal. If written testimony is received prior to the public hearing, it will be provided to the Hearings Official for consideration as part of the record. Public Notice and Referrals Public notice was provided in accordance with the requirements of Eugene’s Land Use Code. The Planning Division also provided information concerning the application to appropriate City departments, public agencies, neighborhood organization, and service providers. All referral comments received by the Planning Division on this application are included in the application file for reference. The substance of any relevant referral comments is addressed in the context of applicable approval criteria and standards in the following evaluation. Zone Change Evaluation In accordance with EC 9.7330, the Hearings Official is required to approve, approve with conditions, or deny a Type III land use application. The decision must be based on, and be accompanied by, findings that explain the criteria and standards considered relevant to the decision. It must also state the facts relied upon in rendering the decision and explain the justification for the decision based upon the criteria, standards, and facts set forth. The Hearings Official will review the application and consider relevant evidence and testimony as to whether the proposed Zone Change is consistent with the applicable criteria required for approval, shown below in bold typeface. To assist the Hearings Official in making a decision on the Zone Change request, staff’s findings in response to each of the criteria are provided below. EC 9.8865(1): The proposed change is consistent with applicable provisions of the Metro Plan. The written text of the Metro Plan shall take precedence over the Metro Plan diagram where apparent conflicts or inconsistencies exist. The applicant is requesting approval of a Zone Change to change the base zoning of the 1.4-acre subject property to S-CN Chase Node Special Area Zone with the /MU Mixed Use Subarea zone and /HDR High Density Residential Overlay zone. The Metro Plan diagram designates the subject property as High Density Residential and the property is within a Nodal Development area. The Chase Node Special Area Zone was adopted with Ordinance 20267. As referenced in Staff Report Garden Way | Z 22-6 Page 15 of 31 the Ordinance, the Chase Node Special Area Zone was developed to ensure consistency with the Metro Plan’s designations and nodal development polices within areas slated for S-CN zoning, in accordance with adopted Figure Map 9.3105. The subareas within the Chase Node Special Area Zone provide for consistency with each designation, which in this case the /HDR/MU zoning is consistent with the High Density Residential designation from the Metro Plan. These facts are further supported by purpose section of the Chase Node Special Area Zone at EC 9.3100, which states, “The special area zone applied to the Chase Node area is intended to implement the Metro Plan and Trans Plans by…”. 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 boundary of the Willakenzie Area Plan (WAP), specifically within the South Region and the Chase Gardens Subarea. The WAP designates the subject property as High Density Residential with a Mixed Use subarea, which is consistent with the applicant's requested zoning. The following policy was the only policy found to be relevant to the proposed zone change. The City shall not require development of historic properties, but shall allow for eventual development of these sites as high density residential, with limited commercial opportunities, at the owners’ discretion. Rezoning to Historic District is encouraged as an alternative to the standard high density residential/mixed use zone. (Policy 1, Page 72) The subject property is part of a historic designation. As clearly stated in the policy, the policy does not mandate or require that the property be zoned Historic, but rather presents such zoning as an encouraged option at the owner’s discretion. Therefore, the proposed zoning and stated intent to develop a high-density residential use, as requested at the owner’s discretion, is consistent with this policy. There are no other policies within the WAP that appear to be relevant or constitute mandatory approval criteria. Based on these findings, the zone change is consistent with the applicable refinement plan. Staff Report Garden Way | Z 22-6 Page 16 of 31  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). An analysis of the availability of key urban facilities and services can be found in the Public Works referral and under the findings associated with the annexation of property beginning on Page 3 of Exhibit C of City Resolution 5348 (Attachment C), herein incorporated by reference, which confirm the availability of key urban facilities for the site. 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: (h) EC 9.3105 S-CN Chase Node Special Area Zone Siting Requirements. The siting requirements at EC 9.3105 state that a property depicted on Map 9.3105 of the Eugene Code (Attachment D) shall be zoned in accordance to the applicable subarea on the map. As seen in the annotated map in Attachment D, the subject property is designated as S-CN with the /HDR and /MU subareas, which is consistent with the applicant’s requested zoning. Based on these findings, the Chase Node Special Area Zone Siting Requirements have been met. 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 Staff Report Garden Way | Z 22-6 Page 17 of 31  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. In their written statement the applicant correctly states that the proposed zoning of the subject property is consistent with the Metro Plan and the high-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. This consistency is further supported by Ordinance 20267, as discussed in the findings under 9.8865(1) above, incorporated herein by reference. 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 Garden Way | Z 22-6 Page 18 of 31  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 to change the zoning to S-CN Chase Node Special Area Zone with the /MU Mixed Use Subarea zone and /HDR High Density Residential Overlay zone. According to EC 9.7330, unless the applicant agrees to a longer time period, within 15 days following close of the public record, the Eugene Hearings Official shall approve, approve with conditions, or deny this Type III application. The decision shall be based upon and be accompanied by findings that explain the criteria and standards considered relevant to the decision, stating the facts relied upon in rendering a decision and explaining the justification for the decision based upon the criteria, standards, and facts set forth. Notice of the written decision will be mailed in accordance with EC 9.7335. Within 12 days of the date the notice of decision is mailed, it may be appealed to the Eugene Planning Commission as set forth in EC 9.7650 through EC 9.7685. Attachments Attachment A: Vicinity Map Attachment B: Zoning Map Attachment C: Resolution 5348 Attachment D: Eugene Code Map 9.3105 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/ApplicationDetails?file=Z-22-0006 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 Permit and Information Center is open for limited hours from 12:00p-4:00p Monday through Friday. The Hearings Official will receive a full set of application materials for review prior to the public hearing. For more information, please contact Nick Gioello, Associate Planner, Eugene Planning Division, at: (541) 682-5453; or by e-mail, at: Ngioello@eugene-or.gov Staff Report Garden Way | Z 22-6 Page 19 of 31  Garden Way (City File: Z 22-6) Vicinity Map Attachment A WB I105 EB N GARDEN WAY I105 I105 EB I10 I105 EB 5C ON N N I1 I5 S B CON TS RK AP WB PA M CON D IU ST A 05 N I5 N B C I5 NB DR ON N COMMONS I5 SB S GARDEN WAY Subject Site 110 Garden Way ENN MCK DR ANDERSON LN A KINSROW AVE MARCHE CHASE MARCHE CHASE DR MARCHE CHAS E APTS APT Subject Property Caution: This map is based on imprecise source data, subject to Taxlots change, and for general reference only. Eugene UGB Created on 6/2/2022 by City of Eugene Planning Division ^ Page 20 of 31 0 75 150 Ft 300 N  Garden Way (City File: Z 22-6) Zoning Map Attachment B I1 05 R-3 COMMON S DR E B NN CO R-1 Proposed Zoning: S-CN Chase Node Special Area /MU Mixed Use Special Area /HDR High Density Residential Overlay Retain exisitng /ND Nodal Development Overlay S-CN AG S GARDEN WAY Subject Property Caution: This map is based on imprecise source data, subject to Taxlots change, and for general reference only. Eugene UGB Created on 6/2/2022 AG Agricultural by City of Eugene Planning Division R-1 Low-Density Residential ^ R-3 Limited High-Density Residential S Special Area Page 21 of 31 0 20 40 80 Ft N Attachment C Page 22 of 31 Page 23 of 31 Page 24 of 31 Page 25 of 31 Page 26 of 31 Page 27 of 31 Page 28 of 31 Page 29 of 31 Page 30 of 31 Attachment D Z 22-1 Garden Way subject property Page 31 of 31