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, December 21, 2022 – Public Hearing 5:00 pm Hearing Official: Virginia Gustafson Lucker I. PUBLIC HEARING: 800 RIVER ROAD (Z 22-13) Zone Change request to change the base zone at 800 River Road from R-2 Medium Density Residential to R-1 Low-Density Residential. The /UL Urbanizable Lands Overlay Zone is proposed to remain. File Name (#): 800 River Road (Z 22-13) Location: 800 River Road Assessor’s Map / Tax Lot: 17-04-24-31 / 04500 Lead City Staff: Jeff Gepper, Senior Planner 541-682-5282, JGepper@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): 800 River Road (Z 22-13) Owner/ Applicant: Devon Locke Applicant’s Representative: Andrew Strout, Branch Engineering Lead City Staff: Jeff Gepper, Senior Planner Relevant Dates: Application Submitted: October 25, 2022 Deemed Complete: November 1, 2022 Public Hearing: December 21, 2022 Subject Site: 800 River Road Map No. / Tax Lot: 17-04-24-31 / 04500 Current Zoning R-2 Medium-Density Residential /UL Proposed Zoning R-1 Low-Density Residential /UL Application Summary The applicant is requesting approval of a Zone Change to change the base zoning of a .37-acre property to R-1 Low-Density Residential. The site currently has a base zone of R-2 Medium Density Residential. The site also has the /UL Urbanizable Lands Overlay Zone, which is proposed to remain. 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/UL 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/UL 9.7330). The applicable quasi-judicial hearing procedures are described at EC/UL 9.7065 through EC/UL 9.7095. Staff Report 800 River Road | Z 22-13 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 particular restrictions, development standards or process. In a nutshell, zoning specifies allowed uses for a piece of land, and what standards will apply at the time of development (e.g. height, setbacks). Application Details & Procedure The applicant is requesting approval for a Zone Change to change the base zone of a .37-acre property from R-2 Medium-Density Residential to Low-Density Residential (R-1). The property also has the /UL Urbanizable Lands Overlay Zone, which is proposed to remain. The property is not within City limits, but is within the City’s Urban Growth Boundary. As stated by the applicant, the intent of this zone change is to establish consistency between the property’s zoning and the comprehensive plan (Metro Plan) land use designation in order to meet the requirements for annexation. The property is designated on the Metro Plan Diagram as Low Density Residential, which is not consistent with the current zoning, R-2 Medium- Density Residential, whereas the R-1 Low-Density Residential Zone is consistent with the Low Density Designation. The subject property is developed with a single dwelling and is surrounded by developed single- family residential properties, as well as other residential and commercial uses along River Road. For ease of reference, maps of the subject site vicinity and zoning can be seen in Attachments A and B. Staff Report 800 River Road | Z 22-13 Page 4 of 12 Timing, Notice, and Testimony Application Submitted October 25, 2022 Deemed Complete November 1, 2022 Application DLCD Notice November 15,2022 Timeline Public Notice (per EC/UL 9.7315) November 17, 2022 Public Hearing December 21, 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. Applicable Zoning code Due to the property not being within City Limits, the applicable zoning code is the Urbanizable Lands Code (UL Code), also known as the Urban Transition Area Code, which is adopted by Lane County because they have jurisdiction over unannexed lands with the Urban Growth Boundary. Lane County and the City of Eugene have an intergovernmental agreement providing authority to the City of Eugene to implement and enforce the UL Code where applicable within Eugene’s Urban Growth Boundary. Zone Change Evaluation In accordance with EC/UL 9.7330, the Hearings Official is required to approve, approve with conditions, or deny a Type III land use application. The decision must be based on, and be accompanied by, findings that explain the criteria and standards considered relevant to the decision. It must also state the facts relied upon in rendering the decision and explain the justification for the decision based upon the criteria, standards, and facts set forth. The Hearings Official will review the application and consider relevant evidence and testimony as to whether the proposed Zone Change is consistent with the applicable criteria required for approval, shown below in bold typeface. To assist the Hearings Official in making a decision on the Zone Change request, staff’s findings in response to each of the criteria are provided below. Staff Report 800 River Road | Z 22-13 Page 5 of 12  EC/UL 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 to R-1 Low-Density Residential. The Metro Plan diagram designates the subject property for Low-Density Residential uses, which is implemented through the proposed R-1 zoning, making the applicant’s request consistent with the Metro Plan diagram. Staff does not see any specific policies from the Metro Plan that would serve as mandatory approval criteria for the applicant’s request. Based on the available information, the request complies with this criterion. EC/UL 9.8865(2): The proposed zone change is consistent with applicable adopted refinement plans. In the event of inconsistencies between these plans and the Metro Plan, the Metro Plan controls. The subject property is located within the boundaries of the River Road – Santa Clara Urban Facilities Plan (RR/SC UFP) refinement plan area. The RR/SC UFP designates the subject property as Low-Density Residential, consistent with the applicant's requested R-1 zoning. With regard to the general residential land use policies beginning on page 2-14 of the RR/SC UFP, none appear to read as mandatory approval criteria for the subject request. Staff notes the following policy as possibly relevant: 1.0 Recognize and maintain the predominately low-density residential character of the area consistent with the Metro Plan. The requested R-1 zone is consistent with the low-density residential character and Metro Plan designation of the surrounding area. There are no other policies within the RR/SC UFP that appear to be relevant or constitute mandatory approval criteria. Based on these findings, the zone change is consistent with the applicable refinement plan. EC/UL 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 public wastewater line at the intersection of Park Avenue and River Road. The existing dwelling is currently connected to that line. Staff Report 800 River Road | Z 22-13 Page 6 of 12 Stormwater Public stormwater is available in the River Road right-of-way (15”) via weep holes in the curb. Soil type for the area is C, indicating poor infiltration. In the event of future 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 Park Avenue and River Road. River Road is a major arterial owned and maintained by the city of Eugene and is designed to city standards with ADA corners, sidewalks, curb and street lights. Park Avenue is a Lane County road identified as a minor collector. It does not have sidewalks, but is paved and has curb and gutter. Solid Waste Collection service is provided by private entities. Regional disposal sites and the Short Mountain Landfill are operated by Lane County. Water and Electric The site has existing water and electrical services, operated by Eugene Water and Electric Board (EWEB). Any future development will require coordination with EWEB staff to ensure that water and electric services comply with City standards and related EWEB requirements. Public Safety Police protection for the subject property is consistent with service provision through the City. 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 the surrounding street network. Lane Transit District lines provides bus service along River Road and Park Avenue with multiple stops within approximately 500 feet of the site. Parks and Recreation Parks and recreation programs are provided on a City‐wide basis. The inclusion of the subject property in the City 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 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. Staff Report 800 River Road | Z 22-13 Page 7 of 12 Communication A variety of telecommunication providers offer communications services throughout the Eugene/Springfield area; therefore, these services are accessible, and this key urban service requirement is met. Public Schools The subject property is within the 4J School District (River Road Elementary, 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. The proposed zone change will not impact the availability of the urban services listed above, which already exist for the subject property. Based on these findings, this criterion is satisfied. EC/UL 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 do not apply to the R-1 zone. Because the applicant is requesting R-1 zoning, there are no specific siting requirements and this criterion is not applicable. EC/UL 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. Staff Report 800 River Road | Z 22-13 Page 8 of 12 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 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 800 River Road | Z 22-13 Page 9 of 12  STAFF RECOMMENDATION Consistent with the preceding findings of compliance with the Zone Change approval criteria at EC/UL 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. The /UL Overlay Zone is recommended to remain, consistent with the applicant’s request. According to EC/UL 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/UL 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/UL 9.7650 through EC/UL 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/SearchApplicationDocuments?file=Z-22-0013 To protect the health of staff and community members, staff can provide digital materials or make appointments to view a physical set of materials. The Hearings Official will receive a full set of application materials for review prior to the public hearing. For more information, please contact Jeff Gepper, Senior Planner, Eugene Planning Division, at: (541) 682-5282; or by e-mail, at: JGepper@eugene-or.gov Staff Report 800 River Road | Z 22-13 Page 10 of 12  800 River Road Zone Change (City File: Z 22-13) Vicinity Map Attachment A SUNNYSIDE DR JACKIES LN Proposed Zoning: R-1 Low-Density Residential STULTS AVE R RIV E RD PARK AVE ST DORRIS Subject Property Caution: This map is based on imprecise source data, subject to Taxlots change, and for general reference only. Eugene UGB Created on 11/29/2022 ^ by City of Eugene Planning Division Page 11 of 12 0 30 60 Ft 120 N  800 River Road Zone Change (City File: Z 22-13) Zoning Map Attachment B C-1 SUNNYSIDE DR JACKIES LN Proposed Zoning: R-1 Low-Density Residential STULTS AVE R-1 R RIV E RD PARK AVE R-2 ST DORRIS PL Subject Property Caution: This map is based on Taxlots imprecise source data, subject to change, and for general reference only. Eugene UGB C-1 Neighborhood Commercial Created on 11/29/2022 C-2 Community Commercial ^ by City of Eugene Planning Division PL Public Land R-1 Low-Density Residential R-2 Medium-Density Residential Page 12 of 12 0 30 60 Ft 120 N