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, September 21, 2022 – Public Hearing 5:00 pm Hearing Official: Virginia Gustafson Lucker I. PUBLIC HEARING: MICHAEL SCNEAR (Z 22-8) Description: Zone Change request to zone the entire site R-1 Low-Density Residential. A portion of the site is currently zoned AG Agricultural, while a portion is already zoned R- 1. File Name (#): MICHAEL SCNEAR (Z 22-8) Location: 135 Kourt Drive Assessor’s Map / Tax Lots: 17-04-14-14/01700 Lead City Staff: Josh Hoff, Associate Planner, 541-682-5437, JHoff@eugene-or.gov Page 1 of 12 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://eugene-or-gov.zoom.us/j/89675214646 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: 896 7521 4646 +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://eugene-or-gov.zoom.us/u/kBMeRzxTK Sign up to speak by dialing *9 (Star-9) Page 2 of 12  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): Michael Scnear (Z 22-8) Owner/ Applicant: Michael Scnear Applicant’s Representative: Anthony J Favreau Lead City Staff: Josh Hoff, Associate Planner Relevant Dates: Application Submitted: June 15, 2022 Deemed Complete: July 26, 2022 Public Hearing: September 21, 2022 Subject Site: 135 Kourt Drive Eugene, OR 97404 Map No. / Tax Lot: 17-04-14-14 / 1700 Existing Zoning: R-1 Low-Density Residential/ AG Agricultural Requested Zoning: R-1 Low-Density Residential Application Summary The applicant requests approval of a Zone Change to zone the entirety of the approximately 0.48-acre subject property to R-1 Low-Density Residential. The site currently has a split base zone of R-1 Low-Density Residential and AG Agricultural. 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. 1 Staff Report Michael Scnear | Z 22-8 Page 3 of 12 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 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 and Procedure The applicant is requesting approval for a Zone Change to zone the entirety of the 0.48-acre site to R-1 Low-Density Residential. The site is currently split zoned with the southern portion being zoned R-1, while the northern portion is zoned AG Agricultural. The subject property is developed with a single unit dwelling and is surrounded by a mixture of zoning which includes R-1, AG, PL Public Land, and C-2 Community Commercial. For ease of reference, maps of the subject site vicinity and zoning can be seen in Attachments A. Timing, Notice, and Testimony Application Submitted June 15, 2022 Deemed Complete July 26, 2022 Application DLCD Notice August 17, 2022 Timeline Public Notice (per EC 9.7315) August 18, 2022 Public Hearing September 21, 2022 2 Staff Report Michael Scnear | Z 22-8 Page 4 of 12 Testimony One piece of testimony was received in reference to this proposal. The piece of testimony is included in this report as Attachment B. The written testimony spoke to access and construction activity. If additional 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 entirety of the site’s zoning to R-1, rather than the current split of R-1 and AG. The Metro Plan diagram designates the subject property for Low-Density Residential, as 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. 3 Staff Report Michael Scnear | Z 22-8 Page 5 of 12  EC 9.8865(2): The proposed zone change is consistent with applicable adopted refinement plans. In the event of inconsistencies between these plans and the Metro Plan, the Metro Plan controls. The River Road – Santa Clara Urban Facilities Plan is the applicable adopted plan for the area of the requested zone change. The applicant notes that the land use diagram, and policies from the River Road – Santa Clara Urban Facilities Plan are generally supportive of their application. However, there are no polices from the River Road – Santa Clara Urban Facilities Plan that serve as mandatory approval criteria for the requested zone change. Based on the available evidence, and findings above, the applicant’s request is consistent with the applicable refinement plans and this criterion is met. EC 9.8865(3): The uses and density that will be allowed by the proposed zoning in the location of the proposed change can be served through the orderly extension of key urban facilities and services. Key urban facilities and services are defined in the Metro Plan as: wastewater service, stormwater service, transportation, solid waste management, water and electric service, fire and emergency medical services, police protection, City-wide parks and recreation programs, 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 that serves the existing dwelling on the subject property. Stormwater: On-site soils indicate the potential for on-site stormwater retention. Transportation/Streets: The subject property has frontage and is accessible to pedestrians, bicyclists, and vehicles via Kourt Drive. Lane Transit District provides bus service to the area. Kourt Drive is owned by Lane County Public Works and maintained by the City of Eugene. Kourt Drive is fully developed to city standards with no need for additional streets and secondary emergency vehicle access as access is available through the existing gridded system. Solid Waste: Collection service is provided by private entities. Regional disposal sites and the Short Mountain Landfill are operated by Lane County. 4 Staff Report Michael Scnear | Z 22-8 Page 6 of 12 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). Any future development will require coordination with EWEB to ensure that water and electric services comply with City standards and EWEB requirements. Public Safety: Police protection is provided by Eugene Police Department within the City limits. Fire protection is provided by Eugene/Springfield Fire Department. Emergency services are currently provided on a regional basis by the cities of Eugene and Springfield. Parks and Recreation: Specific to the subject property, the following parks and recreation amenities are in the general vicinity of the subject property: Emerald Park, Willamette Greenway, and North Eugene High School Turf Field. Further, Eugene Parks and Recreation programs are provided on a City-wide basis. 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, provides the land use controls for future development of the subject property. Communication: A variety of telecommunications providers offer communications services throughout the Eugene/Springfield area. These services are accessible; 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 Howard Elementary School and Yujin Gakuen Elementary School, Kelly Middle School, and North Eugene High School. 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 this criterion is not applicable. 5 Staff Report Michael Scnear | Z 22-8 Page 7 of 12  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 (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: 6 Staff Report Michael Scnear | Z 22-8 Page 8 of 12  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 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. Attachments Attachment A: Vicinity and Zoning Map Attachment B: 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 7 Staff Report Michael Scnear | Z 22-8 Page 9 of 12 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-22-0008 Materials are available for review at the Permit and Information Center or can be provided digitally. The Permit and Information Center is open hours from 12:00 p.m.-4:00 p.m. Monday through Friday, please contact the listed staff representative to schedule a time to review materials. The Hearings Official will receive a full set of application materials for review prior to the public hearing. For more information, please contact Josh Hoff, Associate Planner, Eugene Planning Division, at: (541) 682-5437; or by e-mail, at: JHoff@eugene-or.gov. 8 Staff Report Michael Scnear | Z 22-8 Page 10 of 12  Michael Scnear Zone Change (City File: Z 22-8) Vicinity and Zoning Map Attachment A R-2 PL C-2 Proposed Zoning: R-1 Low-Density Residential AG KENT LN R-1 KOURT DR Subject Site Caution: This map is based on Taxlots imprecise source data, subject to change, and for general reference only. Eugene UGB ^ Created on 9/9/2022 by City of Eugene Planning Division Page 11 of 12 0 30 60 Ft 120 N  Attachment B From: Betty Lindstrom To: HOFF Joshua B Subject: New Construction at 135 Kourt Dr Date: Wednesday, September 7, 2022 11:52:28 AM [EXTERNAL ] Michael...My name is Betty Lindstrom and I live at 149 Kourt Dr. Our house is the first one on a "flagpole" lot which was developed in 2008. It is adjacent to the lot at 135 Kourt . My granddaughter and her children live with me at 149 Kourt. My concern is for the safety of my young grandchildren and my two dogs who play in our driveway.   I want to be assured that my driveway will NOT be used in any way by the construction workers. I am hoping that the permits for 135 Kourt will include access from the front of the lot on Kourt Dr. At this time an old garage blocks access to the back portion of the lot at 135 Kourt. Please note this information when you issue construction permits. Thank you...Betty Lindstrom bettylindstrom218@gmail.com Page 12 of 12