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, November 16, 2022 – Public Hearing 5:00 pm Hearing Official: Virginia Gustafson Lucker I. PUBLIC HEARING: EUGENE SCHOOL DISTRICT 4J (Z 22-11) Zone Change request to change zoning from R-1, Low-Density Residential to PL, Public Land. File Name (#): Eugene School District 4J (Z 22-11) Location: 148 W. Hilliard Lane Assessor’s Map / Tax Lot: 17-04-24-23 / 02000 Lead City Staff: Nick Gioello, Associate Planner 541-682-5453, NGioello@eugene-or.gov Page 1 of 13 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 13  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): Eugene 4J (Z 22-11) Owner / Applicant: Eugene School District 4J Applicant’s Representative: Kristen Taylor, TBG Architects + Planners 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: 148 W Hilliard Lane Map No. / Tax Lots: 17-04-24-23 / 02000 Application Summary The applicant is requesting approval of a Zone Change to change the base zoning of the .11-acre (4,781 square feet) subject property from Low-Density Residential (R-1) zone to Public Land (PL). Currently, the site is developed with a one-unit residential dwelling, associated driveways, landscaping, and other residential site improvements. 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 Eugene 4J | Z 22-11 Page 3 of 13 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 from Low- Density Residential (R-1) zone to Public Land (PL). The subject property is located at 148 West Hilliard Lane in the River Road Community Organization neighborhood and is located within the boundary of the River Road Santa Clara Urban Facilities Plan. The subject property was recently annexed into the City limits on June 13th, 2022 (Council Resolution No. 5358). The site is developed with a single-family dwelling. Abutting properties to the west and across Hilliard Lane to the north are designated zoned R-1 and developed as residential. The abutting lot to the east and south is developed with the existing River Road/El Camino del Rio Elementary School, designated Government and Education and zoned PL. The subject property is intended to be used for accessory uses associated with the school. 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 July 6, 2022 Deemed Complete September 27, 2022 Application DLCD Notice October 11,2022 Timeline Public Notice (per EC 9.7315) October 13, 2022 Public Hearing November 16, 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 Staff Report Eugene 4J | Z 22-11 Page 4 of 13 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 .11-acre subject property from Low-Density Residential (R-1) zone to Public Land (PL). The Metro Plan diagram designates the subject property as Low Density Residential. Per the Land Use Designations section of the Metro Plan (II-G-2), land use designations shown in the Plan Diagram are depicted at a metropolitan scale, and the boundaries of Plan designation area are determined on a case-by-case basis, and as specifically stated: Certain land uses are not individually of metropolitan-wide significance in terms of size or location because of their special nature or limited extent. Therefore, it is not advisable to account for most of them on the Metro Plan Diagram. As stated in the Residential Section (II-G-3), “approximately 32-percent of the area is available for auxiliary uses such as…elementary and junior high schools”. The Metro Plan acknowledges that auxiliary uses are allowed within residential neighborhoods if it can be demonstrated they are compatible with refinement plans, zoning ordinances, and other local controls. As stated by Staff Report Eugene 4J | Z 22-11 Page 5 of 13 the applicant in their written narrative, “This directive applies to all residential plan designations. The PL zone regularly implements the Residential designation when applied to neighborhood schools across the city”. Although the Metro Plan Diagram designates the subject property as Low Density Residential, the Plan also affirms various auxiliary uses such as schools being available and appropriate in residential areas. Staff does not find any specific policies from the Metro Plan that would serve as a deterrent to the applicant’s request or impose mandatory approval criteria for the 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 River Road Santa Clara Urban Facilities Plan (RRSC) and designates the subject property as Low Density Residential. The site is not located within one of the identified subareas. A review of the RRSCU indicates there are no relevant mandatory approval criteria and no school policies relevant to the proposed zone change. The following Land Use Element policy 3.0 (page 2-7) can be viewed as supportive of the applicant’s request: Provide for land uses that conform to Metropolitan Plan goals and policies and that consider the provision of a full range of urban services in an efficient and cost-effective manner The proposed zone change does not conflict with the RRSC Land Use Diagram and policies, and appears to provide for land uses that conforms with the Metro Plan, as discussed at EC 9.8865(1), where the Metro Plan affirms various auxiliary uses such as schools being available and appropriate in residential areas. 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). Staff Report Eugene 4J | Z 22-11 Page 6 of 13 An analysis of the availability of key urban facilities and services are as follows: Wastewater An 8-inch public sewer main exists in the right-of-way of West Hilliard Lane and the lot is currently connected to the public system via sewer connection records 23606. Residences are fully built out and utilizing the current public system as well as the adjacent school. The zone change does not affect the current or future use of the property. Stormwater Public stormwater is available to the east of the subject property and can be extended at the time of future development. In the event of future development, applicant will be required to address all applicable stormwater management standards including flood control, water quality, oil control, easements, and operation and maintenance. Transportation West Hilliard Lane is a local public street which provides access to and from the development site, as well as emergency vehicle access. Solid Waste Collection service is provided by private firms. Regional disposal sites are operated by Lane County. Water and Electric Eugene Water and Electric Board (EWEB) Water staff confirm that water and electric services are available to the property. Water and electric services can be extended to the subject property in accordance with EWEB policies and procedures. Public Safety Police protection can be extended to this site upon annexation consistent with service provision through the City. Fire protection will be provided by Eugene Springfield Fire. Emergency medical services are currently provided on a regional basis. Parks and Recreation Parks and recreation programs are provided on a City-wide basis and is sufficient evidence to demonstrate the minimum level of this key urban service is met. Planning and Development Services Planning and building permit services are provided for all properties located within the City of Eugene. The Eugene Code, Chapter 9, will provide the required land use controls for any future redevelopment of the subject property. Communications A variety of telecommunications providers offer communications services throughout the Eugene area. Staff Report Eugene 4J | Z 22-11 Page 7 of 13 Public Schools The subject property is within Eugene School District 4J and is within the district boundary of River Road Elementary School, Kelly Middle School, and North Eugene High School. As access to schools is evaluated on a district-wide basis, the property’s location within the school district is sufficient evidence to demonstrate the minimum level of this key urban service is met. 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 9.2681 Public Land Zone Siting Requirements. The siting requirements at EC 9.2681 state: EC 9.2681(2) Siting Requirements. In addition to the approval criteria in EC 9.8865 Zone Change Approval Criteria, the subject site must be land owned solely by a public agency or a non-profit organization established primarily to provide public uses listed in EC 9.2682(1). When public land is sold for private development, the property shall be rezoned according to the procedures for zone changes beginning with and following section 9.8850 Purpose of Zone Changes. The site is owned by the Eugene School District 4J, which is a public agency. While note relevant to the site requirement, the applicant notes that the intended uses for site will be “wrap- around student services”, such as tutoring or counseling, supporting the academic activities at the adjacent River Road/Camino del Rio Elementary School. The prosed use is consistent with EC 9.2682(1)(b) Public Uses. Based on these findings, the Public Land 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 adopted, OAR 660-012-0060(1) states: Staff Report Eugene 4J | Z 22-11 Page 8 of 13  (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. (a) Change the functional classification of an existing or planned transportation facility (exclusive of correction of map errors in an adopted plan); (b) Change standards implementing a functional classification system; or (c) Result in any of the effects listed in paragraphs (A) through (C) of this subsection. If a local government is evaluating a performance standard based on projected levels of motor vehicle traffic, then the results must be based on projected conditions measured at the end of the planning period identified in the adopted TSP. As part of evaluating projected conditions, the amount of traffic projected to be generated within the area of the amendment may be reduced if the amendment includes an enforceable, ongoing requirement that would demonstrably limit traffic generation, including, but not limited to, transportation demand management. This reduction may diminish or completely eliminate the significant effect of the amendment. (A) Types or levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility; (B) Degrade the performance of an existing or planned transportation facility such that it would not meet the performance standards identified in the TSP or comprehensive plan; or (C) Degrade the performance of an existing or planned transportation facility that is otherwise projected to not meet the performance standards identified in the TSP or comprehensive plan. The City of Eugene’s adopted Eugene 2035 Transportation System Plan (2035 TSP) serves as the City’s acknowledged local transportation system plan. It is important to note that the 2035 TSP identified local transportation needs based upon the land use designations established by the Metro Plan. Typically, most zone change requests are found to be consistent with the Metro Plan land use designation. In those cases, because the 2035 TSP is based on the Metro Plan land use designations, the proposal will qualify for an exception under subsection (9) of OAR 660- 012-0060 and is found to comply with the Transportation Planning Rule (TPR). However, in this case staff finds the 2035 TSP did not contemplate PL zoned property at this site and therefore determines that the applicant does not qualify for an exception under sections (3), (9), or (10) of the TPR. Uses and densities allowed under the proposed PL zone may generate more traffic than uses assumed under the current Metro Plan Low Density Residential designation. Therefore, in this case, zoning standards must be used in the 2035 TSP evaluation and directly compared to existing impacts based upon the Metro Plan designation. Staff Report Eugene 4J | Z 22-11 Page 9 of 13 The applicant’s consultant, Chris Clemow, PE, PTOE, of Clemow Associates, prepared a Transportation Analysis (revised October 10, 2022) which is available in the application file for reference. The analysis is based upon the projected trip generation from a reasonable worst- case development scenario for this site considering the existing Low Density Residential designation and comparing that to possible worst-case scenarios with the proposed PL zoning. Given the small property size of 4,356 square feet, as currently zoned the site could reasonably support a residential triplex with the current R-1 zoning. With the proposed PL zone and the need to provide on-site parking, potential uses are limited to those that can realistically function within a 1,500-square-foot building. The highest potential trip generators in the PL zoning designation include ballet, dance, martial arts, gymnastic schools/academies/studios, and day care facilities. Based on a review of the Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition Manual data, a daycare facility has the highest PM peak hour trip generation rate and is considered the worst-case scenario for this site. The analysis found the proposed PL zoning has the potential to generate an additional 49 daily trips and 15 PM peak hour trips when compared to the current zoning with a residential triplex on the site. Public Works Engineering staff reviewed the submitted analysis and concurs the applicant has accounted for the increase in traffic over the appropriate planning horizon and properly evaluated impacts to street classification and mobility performance standards as required by this rule. Public Works concurs with the consultant’s methodology, transportation analysis and findings of no significant affect and confirms the increased number of vehicle trips in a worst- case scenario of possible development generated by the prosed zone change does not degrade the performance of an existing or planned transportation facility such that it would not meet the performance standards identified in the 2035 TSP. As the applicant has not requested an amendment of the Metro Plan designation, and the proposed PL (Public Land) zoning does not “significantly affect” the acknowledged 2035 TSP, the applicant has demonstrated that the proposed zone change does significantly affect a planned transportation facility, and thusly satisfies OAR 660-012-0060(1) and further review of subsections (2) through (11) is not required. Based on these findings, the proposed PL zone change complies with 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 PL Public Lands. 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 Staff Report Eugene 4J | Z 22-11 Page 10 of 13 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-22-0011 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 Eugene 4J | Z 22-11 Page 11 of 13  Eugene 4J (Z 22-11) Vicinity Map Attachment A JAYNE ST LUND DR W HILLIARD LN HOOVER LN MARION 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 11/1/2022 ^ by City of Eugene Planning Division Page 12 of 13 0 25 50 Ft 100 N  Eugene 4J (Z 22-11) Zoning Map Attachment B R-1 Low-Density Residential and R-1 JAYNE ST /UL Ubanizable Lands LUND DR Overlay R-1 W HILLIARD LN (No Overlay) PL R-1 Low-Density Residential and /UL Urbanizable Lands Overlay HOOVER LN MARION LN Subject Property Caution: This map is based on imprecise source data, subject to Zone Overlays - /UL Urbanizable Lands change, and for general reference only. PL Public Land Created on 11/1/2022 R-1 Low-Density Residential ^ by City of Eugene Planning Division Taxlots Eugene UGB Page 13 of 13 0 25 50 Ft 100 N