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, August 16, 2023 – Public Hearing 5:00 pm Hearing Official: Virginia Gustafson Lucker I. PUBLIC HEARING: TAYLOR SHELLEY (Z 23-3) A Zone Change request to change the zoning from AG (agricultural) to R-1 (Low Density Residential). File Name (#): TAYLOR SHELLEY (Z 23-3) Location: 4930 Royal Ave Assessor’s Map / Tax Lot: 17-04-28-22 / 00300 Lead City Staff: Nick Gioello, Associate Planner 541-682-5453, NGioello@eugene-or.gov 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.Page 1 of 11  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 11  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): Taylor Shelley (Z 23-3) Owner/ Applicant: Taylor Shelley Applicant’s Representative: Eric Favreau, Favreau Engineering Lead City Staff: Nicholas Gioello, Associate Planner Relevant Dates: Application Submitted: May 5, 2023 Deemed Complete: June 20, 2023 Public Hearing: August 16, 2023 Subject Site: 4930 Royal Avenue Map No. / Tax Lot: 17-04-28-22 / 00300 Application Summary The applicant is requesting approval of a Zone Change to change the base zoning of the .65-acre subject property to R-1 Low-Density Residential. The site currently has a base zone of 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. Staff Report Taylor Shelley | Z 23-3 Page 3 of 11 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 (i.e., height, setbacks). Application Details & Procedure The applicant is requesting approval for a Zone Change to change the base zone of the .65-acre subject property from Agricultural (AG) to Low-Density Residential (R-1). The subject property is developed with a single unit dwelling and is surrounded by developed, single-unit residential properties. 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 May 5, 2023 Deemed Complete June 20, 2023 Application DLCD Notice July 11, 2023 Timeline Public Notice (per EC 9.7315) July 12, 2023 Public Hearing August 16, 2023 Staff Report Taylor Shelley | Z 23-3 Page 4 of 11 Testimony As of the publication of this report, no testimony has been received regarding this proposal. If written testimony is received prior to the public hearing, it will be provided to the Hearings Official for consideration as part of the record. Public Notice and Referrals Public notice was provided in accordance with the requirements of Eugene’s Land Use Code. The Planning Division also provided information concerning the application to appropriate City departments, public agencies, neighborhood organization, and service providers. All referral comments received by the Planning Division on this application are included in the application file for reference. The substance of any relevant referral comments is addressed in the context of applicable approval criteria and standards in the following evaluation. Zone Change Evaluation In accordance with EC 9.7330, the Hearings Official is required to approve, approve with conditions, or deny a Type III land use application. The decision must be based on, and be accompanied by, findings that explain the criteria and standards considered relevant to the decision. It must also state the facts relied upon in rendering the decision and explain the justification for the decision based upon the criteria, standards, and facts set forth. The Hearings Official will review the application and consider relevant evidence and testimony as to whether the proposed Zone Change is consistent with the applicable criteria required for approval, shown below in bold typeface. To assist the Hearings Official in making a decision on the Zone Change request, staff’s findings in response to each of the criteria are provided below. EC 9.8865(1): The proposed change is consistent with applicable provisions of the Metro Plan. The written text of the Metro Plan shall take precedence over the Metro Plan diagram where apparent conflicts or inconsistencies exist. The applicant is requesting approval to change the base zone of the subject property from Agricultural (AG) to Low-Density Residential (R-1). 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 Zone Change complies with this criterion. Staff Report Taylor Shelley | Z 23-3 Page 5 of 11  EC 9.8865(2): The proposed zone change is consistent with applicable adopted refinement plans. In the event of inconsistencies between these plans and the Metro Plan, the Metro Plan controls. The subject property is located within the boundaries of the Bethel-Danebo Refinement Plan (BDRP) area. The BDRP designates the subject property as Low-Density Residential, consistent with the applicant's requested R-1 zoning. The subject property is not located within a specific development node of the BDRP. With regard to the general residential land use policies beginning on page 3 of the BDRP, none appear to read as mandatory approval criteria for the subject request. Staff notes the following policy as possibly relevant: 1. The following land use designations in the Eugene-Springfield Metropolitan Area General Plan shall be maintained: a. Low-density residential development in most of the plan area; 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 BDRP that appear to be relevant or constitute mandatory approval criteria. Based on these findings, the Zone Change is consistent with the applicable refinement plan. EC 9.8865(3): The uses and density that will be allowed by the proposed zoning in the location of the proposed change can be served through the orderly extension of key urban facilities and services. Key urban facilities and services are defined in the Metro Plan as: wastewater service, stormwater service, transportation, water service, fire and emergency medical services, police protection, City-wide parks and recreation programs, electric service, land use controls, communication facilities, and public schools on a district-wide basis (see Metro Plan page V-3). Wastewater There is an existing 12-inch diameter public wastewater line in the right-of-way of Royal Avenue. The site is currently connected to the system and the proposed Zone Change does not affect the current or future use of the properties. Stormwater Public stormwater is available in via a 21-inch storm sewer line and weepholes in the curb of Royal Avenue. At the time of future development, the applicant will be required to address all applicable stormwater management standards including flood control, water quality, oil control, easements, and operation and maintenance. Streets Royal Avenue is classified as a Minor Arterial that is owned and maintained by the City of Eugene. Royal Avenue is designed to City standards with adequate paving, curbside sidewalks, and street lights. Staff Report Taylor Shelley | Z 23-3 Page 6 of 11 The referral comments from Public Works staff confirm the availability of the above discussed public infrastructure to serve the subject property at the time of development. Water and Electric The site is currently connected to water and electrical services available through the Eugene Water and Electric Board (EWEB). The remaining key urban services, which include Fire and Emergency Medical Services, police protection, City-wide parks and recreation programs, land use controls, communication facilities, and public schools, are provided on a City-wide basis. As the property is located within City limits, it is serviced consistent with the Metro Plan’s definition of key urban services. 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: There are no specific siting requirements for the R-1 zone under this criterion. 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. Staff Report Taylor Shelley | Z 23-3 Page 7 of 11  (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. As previously discussed, the proposed Zone Change is consistent with the Metro Plan. The Low- Density Residential land use designation of the subject property was in effect at the time the City’s 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 satisfies OAR 660-012-0060(1). The proposed Zone Change 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. Staff Report Taylor Shelley | Z 23-3 Page 8 of 11 According to EC 9.7330, unless the applicant agrees to a longer time period, within 15 days following close of the public record, the Eugene Hearings Official shall approve, approve with conditions, or deny this Type III application. The decision shall be based upon and be accompanied by findings that explain the criteria and standards considered relevant to the decision, stating the facts relied upon in rendering a decision and explaining the justification for the decision based upon the criteria, standards, and facts set forth. Notice of the written decision will be mailed in accordance with EC 9.7335. Within 12 days of the date the notice of decision is mailed, it may be appealed to the Eugene Planning Commission as set forth in EC 9.7650 through EC 9.7685. Attachments Attachment A: Vicinity Map Attachment B: Zoning Map More Information about the land use application process, approval criteria, and general information can be found here: https://www.eugene-or.gov/3208/Land-Use-Information The application materials, and file are available to review for any interested parties. As a courtesy, materials may also be available on the City’s website at: https://pdd.eugene- or.gov/LandUse/SearchApplicationDocuments?file=Z-23-0003 For more information, please contact Nicholas Gioello, Associate Planner, Eugene Planning Division, at: (541) 682-5453; or by e-mail, at: NGioello@eugene-or.gov Staff Report Taylor Shelley | Z 23-3 Page 9 of 11  Taylor Shelley Zone Change (City File: Z 23-3) Vicinity Map Attachment A WELCOME WAY HOLLOW WAY Proposed Zoning: CANDLEL R-1 Low-Density Residential BRAY IGHT DR LN DANELAND MHP ROYAL AVE THRONE DR N TERRY ST WOODLAND ACRES LN FOREST LN OAK S MHP UNTHANK ST DRIFTWOOD DR RO YA L Subject Property Caution: This map is based on imprecise source data, subject to Taxlots change, and for general reference only. Eugene UGB Created on 7/31/2023 ^ by City of Eugene Planning Division Page 10 of 11 0 75 150 Ft 300 N  Taylor Shelley Zone Change (City File: Z 23-3) Zoning Map Attachment B Proposed Zone Change to R-1 Low-Density Residential ROYAL AVE AG THRONE DR R-2 R-1 ROYAL O AKS M HP Subject Property Caution: This map is based on imprecise source data, subject to Taxlots change, and for general reference only. AG Agricultural Created on 7/31/2023 R-1 Low-Density Residential ^ by City of Eugene Planning Division R-2 Medium-Density Residential Page 11 of 11 0 25 50 Ft 100 N