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 22, 2022 – Public Hearing 5:00 pm Hearing Official: Virginia Gustafson Lucker I. PUBLIC HEARING: CASCADE MANOR ZONE CHANGE (Z 22-5) Description: Zone Change request to change the properties’ zoning from R-1, Low- Density Residential to R-2, Medium-Density Residential. File Name (#): Cascade Manor Zone Change (Z 22-5) Location: 2960, 2974, 2976, and 2966 Portland St, & 55 W 30th Ave Assessor’s Map / Tax Lots: 18-03-07-12 / 00900, 01602, 01000, 01100, 01500, 01601 Lead City Staff: Jeff Gepper, Senior Planner, 541-682-5282, JGepper@eugene-or.gov Page 1 of 18 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 18  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): Cascade Manor (Z 22-5) Applicant: Tim Wetzel, Cascade Manor, owned by Pacific Retirement Services Applicant’s Representative Colin McArthur, AICP, Cameron McCarthy Landscape Architecture and Planning Lead City Staff: Jeff Gepper, Senior Planner Relevant Dates: Application Submitted: March 25, 2022 Deemed Complete: April 22, 2022 Public Hearing: June 22, 2022 Subject Site: 2960, 2974, 2976, and 2966 Portland St, & 55 W 30th Ave Map No. / Tax Lot: 18-03-07-12 / 00900, 01602, 01000, 01100, 01500, 01601 Existing Zoning: R-1, Low-Density Residential Requested Zoning: R-2, Medium-Density Residential Application Summary The applicant is requesting approval of a request to change the base zoning of six properties from R-1, Low-Density Residential to R-2, Medium-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 Staff Report Cascade Manor Zone Change | Z 22-5 Page 3 of 18 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 The City of Eugene is requesting approval for to change the base zone of three properties from R-1, Low-Density Residential to R-2 Medium-Density Residential. The Applicant states in their written narrative that the request for zone change approval to six properties is to establish consistency between plan and zone designation and enable future development as additional senior housing. The subject properties are designated in the Eugene-Springfield Metropolitan Area General Plan (Metro Plan) as Medium Density Residential. There is no refinement plan applicable in this location. The proposal includes six tax lots that are located on the Northwest corner of W 30th Avenue and Portland Street. Adjacent to the north and west is Cascade Manor, a senior living facility. To the south and east are properties are developed with a mixture of single-unit dwellings and duplex, which are zoned R-2 and R-1. For ease of reference, maps of the vicinity and zoning can be seen in Attachments A and B. Timing, Notice, and Testimony Application Submitted March 25, 2022 Deemed Complete April 22, 2022 Application DLCD Notice April 27, 2022 Timeline Public Notice (per EC 9.7315) May 16, 2022 Public Hearing June 22, 2022 Testimony As of the publication of this report, two pieces of written testimony in support of the proposed changes have been received regarding this proposal. The submitted materials are included in Attachment C. 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. Staff Report Cascade Manor Zone Change | Z 22-5 Page 4 of 18 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 R-2, Medium-Density Residential. The Metro Plan diagram designates the subject property as Medium Density Residential, which is implemented through the proposed R-2 zoning, making the 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. There is no adopted refinement plan for the subject property, therefore, this criterion is not applicable. 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 Cascade Manor Zone Change | Z 22-5 Page 5 of 18 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 Portland Street and W 30th Avenue. The existing developments are connected to the public wastewater system. Stormwater Public stormwater is available in the Portland Street with catch basins at both corners W 29th Place and W 30th Avenue. At the time of development, applicants may 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 Portland Street and W 30th Avenue, which are classified as local streets 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 or access to services for water and electrical services, operated by Eugene Water and Electric Board (EWEB). 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 W 30th Avenue and Portland Street. The subject property is served by a network of sidewalks and streets. Public transit is available approximately 500 feet east of the subject properties on Willamette Street. Parks and Recreation: Specific to the subject property, the following parks and recreation amenities are in the general vicinity of the subject property; Amazon Park and Wayne Morse Family Farm. 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. Staff Report Cascade Manor Zone Change | Z 22-5 Page 6 of 18 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 Adams 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-2, 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. 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. Staff Report Cascade Manor Zone Change | Z 22-5 Page 7 of 18 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 medium-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 Report Cascade Manor Zone Change | Z 22-5 Page 8 of 18  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-2 Medium- Density Residential for the subject properties. 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/ApplicationDetails?file=Z-22-0005 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 Cascade Manor Zone Change | Z 22-5 Page 9 of 18  Cascade Manor Zone Change (City File: Z 21-5) Vicinity Map Attachment A W 29TH PL Proposed Zoning: PORTLAND ST R-2 Medium-Density Residential W 30TH AVE Subject Property Caution: This map is based on imprecise source data, subject to Taxlots change, and for general reference only. Eugene UGB Created on 6/14/2022 by City of Eugene Planning Division ^ Page 10 of 18 0 25 50 Ft 100 N  Cascade Manor Zone Change (City File: Z 21-5) Zoning Map Attachment B C-2 R-2 W 29TH PL R-3 Proposed Zoning: PORTLAND ST R-2 Medium-Density Residential W 30TH AVE R-1 Subject Property Caution: This map is based on imprecise source data, subject to Taxlots change, and for general reference only. Eugene UGB Created on 6/14/2022 C-2 Community Commercial by City of Eugene Planning Division R-1 Low-Density Residential R-2 Medium-Density Residential ^ R-3 Limited High-Density Residential Page 11 of 18 0 25 50 Ft 100 N  Attachment C From: Anthony Meyer To: GEPPER Jeffrey A Cc: Joan Claffey Subject: Re: Running in circles Date: Wednesday, June 8, 2022 1:23:56 PM Attachments: CASCADE MANOR EXPANSION.pdf [EXTERNAL ] Hi Jeff, As you suggested, my wife, Joan Claffey, and I have written and attached testimony for the June 22 hearing on Cascade Manor Expansion: Zone change application: File Name "Cascade Manor," Number Z 22-5. Please add this testimony to the file and distribute to interested parties as appropriate. We would like to attend the hearing via Zoom. Is our written submission sufficient or do you recommend that we read it into the record at the hearing? Regards, Anthony Meyer On Tue, May 31, 2022 at 8:54 AM GEPPER Jeffrey A <jgepper@eugene-or.gov> wrote: Verbal testimony is accepted during the public hearing after a staff presentation. Written testimony is also accepted, you can send those to me and I will forward it to the Hearings Official (Decision Maker). I strongly suggest comments be directed at the Approval criteria for a zone change, which do not consider development scenarios. Here is a sheet that provides helpful information on commenting: https://www.eugene- or.gov/DocumentCenter/View/30719/Providing-Effective-Testimony-FINAL Thanks, Jeff Gepper Senior Planner (he/him) City of Eugene | Planning & Development jgepper@eugene-or.gov 541.682.5282 Messages to and from this e-mail address may be available to the public under Oregon Public Records Law. Page 12 of 18  Attachment C From: Anthony Meyer <anthony.meyer@stanfordalumni.org> Sent: Tuesday, May 31, 2022 8:31 AM To: GEPPER Jeffrey A <jgepper@eugene-or.gov> Subject: Re: Running in circles [EXTERNAL ⚠] Thanks for your quick response, Jeff. Will there be an opportunity to comment during the hearing or to submit written comments? Thanks, Anthony On Tue, May 31, 2022, 8:23 AM GEPPER Jeffrey A <jgepper@eugene-or.gov> wrote: Hi Anthony, Please see the applicant’s materials here: https://pdd.eugene- or.gov/LandUse/SearchApplicationDocuments?file=Z-22-0005 An agenda will be posted no later than 7 days in advance of the hearing, which will contain the Staff Report on the application. Thanks, Jeff Gepper Senior Planner (he/him) City of Eugene | Planning & Development jgepper@eugene-or.gov 541.682.5282 Page 13 of 18  Attachment C Messages to and from this e-mail address may be available to the public under Oregon Public Records Law. From: Anthony Meyer <anthony.meyer@stanfordalumni.org> Sent: Monday, May 30, 2022 4:05 PM To: GEPPER Jeffrey A <jgepper@eugene-or.gov> Subject: Running in circles [EXTERNAL ⚠] Hi Jeff, I am an interested party regarding the public hearing on proposed land use action for Cascade Manor (City File: Z 22-5) scheduled for June 22, 5 PM as a virtual meeting. The announcement on the sign posted at the corner of 30th Ave. and Portland St. reads: "For more information and instructions to attend: https://www.eugene- or.gov/406/Hearings-Official" This webpage directs the visitor to follow instructions under "Hearings Official Public Hearings." Under "Hearings Official Public Hearings," the text reads that the instructions for how to access a meeting can be found on the agenda for the specific meeting. It says to click on Hearings Official Agendas to access the agendas. On the "Hearings Official Agendas" webpage, the only agendas listed pertain to past meetings. There are no agendas listed for June. I was not successful in getting more information or instructions for how to attend the June 22 public hearing by following the link provided on the sign. Page 14 of 18  Attachment C Please let me know how to get more information about this hearing and to sign up for attending. Thanks, Anthony Meyer Page 15 of 18  Attachment C CASCADE MANOR EXPANSION: ZONE CHANGE APPLICATION City of Eugene File Name: CASCADE MANOR Number: Z 22-5 STATEMENT OF SUPPORT by Anthony Meyer, Ph.D. and Joan Claffey, Ph.D. We are among those who would directly benefit from approval of the requested zone change. As a married couple living in Eugene in a single-family residence since 2004 (and owners of our residence since 2002), we are part of the aging demographic of Eugene and are on the waiting list to join the community at Cascade Manor. The proposed zone change would permit an expansion of Cascade Manor that would provide housing for the final stages of our lives. The proposed zone change and accompanying Cascade Manor expansion offers the City of Eugene some remarkable efficiencies: 1. We, along with many of the others on the Cascade Manor waiting list, will be moving from single family residence properties, that is, Low Density Residential, to Medium Density Residential properties. This supports the City-wide plan to encourage the development of Medium Density Residential properties. 2. The City of Eugene has a responsibility to respond to the needs of its aging population. There are insufficient retirement communities to accommodate the expansion of our demographic, and only a few provide any version of the continuing care services that Cascade Manor offers. Multi-year waiting lists to join these communities are evidence of this shortage. Cascade Manor provides the City of Eugene an opportunity to respond to this shortage with minimal disruption and speed by offering expansion of a well-established, successful facility which would enhance an architectural footprint already in place and already well-integrated into its surrounding residential and commercial environment. 3. Mitigation of potential harm to the City of Eugene through senior flight. Eugene seniors want to remain in Eugene, and Eugene needs us. Our demographic provides strong support for the arts and city institutions representing the arts as well as for the Eugene Public Library, Farmers’ Market and Lane Community College. (For example, we have served on the boards of Eugene Public Library and Eugene Opera and have established an endowment at Lane Community College.) The City of Eugene prides itself on being “a great city for the arts and outdoors” and would not benefit from our demographic moving elsewhere. Yet Continuing Care Retirement Communities such as Mary’s Woods in Lake Oswego and Willamette View in Milwaukee and other retirement communities in the Portland area offer attractive alternatives if comparable facilities are not sufficient in Eugene. The needs presented by aging require timely response, and those experiencing these needs will have to address them where it is possible to do so. Meyer/Claffey Statement re Cascade Manor application Z 22-5: Page 1 Page 16 of 18  Attachment C The expansion of Cascade Manor offers to mitigate this potential for seniors to move away from Eugene. Respectfully submitted to the City of Eugene Planning Division, Anthony J. Meyer and Joan M. Claffey 2634 Suncrest Ave. Eugene, OR 97405 anthony.meyer@stanfordalumni.org Meyer/Claffey Statement re Cascade Manor application Z 22-5: Page 2 Page 17 of 18  Attachment C From: Michael McCabe To: GEPPER Jeffrey A Subject: Support for Re-zoning - Cascade Manor (2-22-5) Date: Wednesday, June 8, 2022 4:59:44 PM [EXTERNAL ] Dear Mr. Gepper: Please provide these supportive comments to the Hearing Official regarding Cascade Manor's referenced Application for re-zoning. My wife and I live in the South Eugene neighborhood east of Cascade Manor. In the seven years that we have lived here, we have come to appreciate the quality of facilities and staff which Cascade Manor provides to older Eugene residents. Although we were not ready to move to Cascade Manor seven years ago when we came to join family in Eugene, we are now. We are both 82 years of age, in good health, and are active in the community (Symphony, the Shedd, OCT, Ducks basketball, parks, our church, charitable activities, family outings, etc.). We presently live in a 2,100 square foot home with four bedrooms, which is way more than we need. It’s time to make that available to a larger family. We have been on Cascade Manors’ “waiting list” for more than a year, and we know of many more like us who are in line to live there. Almost all of us will leave single-family homes, which will make housing-stock more readily available to others. Moreover, the help available at Cascade Manor will help us personally continue to contribute meaningfully to the community. Eugene is our home, and we want to be able to continue to live and thrive here. Thank You, Michael & Joann Mccabe 3731 Pine Canyon Drive Eugene Page 18 of 18