Hearings Official Public Hearings

AGENDA Phone: 541-682-5377 Meeting Location: Virtual Meeting (Via Zoom) www.eugene-or.gov/406/hearings-official 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 541-682-5699. Wednesday, July 15, 2026 – Public Hearing 5:30 PM Hearings Official: Josh Soper 1. Public Hearing: Marjorie Avenue (Z 26-01) Description: Zone Change request to change the zoning of the subject property from Agricultural (AG) to Low-Density Residential (R-1). File Name (File #): Marjorie Avenue (Z 26-01) Subject Property Location: 2405 Marjorie Avenue Assessor’s Map / Tax Lot: 17-03-08-44 / 00400 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 9.7065. 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. Hearings Official Agenda - 07/15/2026 Page 1 of 11 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/89461876548 When prompted, sign up to speak by clicking once on the “raise hand” icon 2. Join on your phone: Dial one of the numbers below and enter the Webinar ID: 894 6187 6548 +1 833-548-0276 (Toll Free); or +1 888-475-4499 (Toll Free) When prompted, sign up to speak by dialing *9 (Star-9) International numbers available: https://eugene-or-gov.zoom.us/u/kdqkbXk182 Hearings Official Agenda - 07/15/2026 Page 2 of 11  Eugene Planning Division 99 West 10th Avenue, Ste. 290, Eugene, OR 97401 Phone: 541.682.5377 | Fax: 541.682.5572 www.eugene-or.gov/planning PUBLIC HEARING STAFF REPORT Zone Change File Name (Number): Marjorie Avenue (Z 26-01) Owner/ Applicant: Marl L. Berg Revocable Living Trust Applicant’s Representative: Carol Schirmer, Schirmer Consulting, LLC Lead City Staff: Nicholas Gioello, Associate Planner Relevant Dates: Application Submitted: February 6, 2026 Deemed Complete: May 21, 2026 Public Hearing: July 15, 2026 Subject Site: 2405 Marjorie Avenue (0.18 Acres) Map No. / Tax Lot: 17-03-08-44 / 00400 Current Zoning AG Agricultural Proposed Zoning R-1 Low-Density Residential Application Details The applicant is requesting a Zone Change for the subject property from AG Agricultural to R-1 Low-Density Residential. The requested zone change is approximately 0.18 acres located within Eugene’s UGB and was recently annexed into the City (City file: A 26-03), which became effective on May 20, 2026. The surrounding area is developed with low-density residential uses. The property was developed with a single-unit dwelling, which was recently removed from the property. A vicinity map of the subject property and surrounding zoning can be seen in Attachments A and B. Purpose of the Staff Report Staff reports provide community members with an opportunity to learn more about the land use request and to review staff analysis of the application. Per Eugene Code (EC) 9.7320, staff reports are available seven days prior to the public hearing. 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 making _____________________________________________________________________________________________ Marjorie Avenue (Z 26-01) July 2026 Hearings Official Agenda - 07/15/2026 Page 3 of 11 a decision on the application. The Hearings Official’s written decision on the application is generally made within 15 days following close of the public record, following the public hearing (see EC 9.7330). For reference, 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 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 essence, zoning specifies allowed uses for a piece of land, and what standards will apply at the time of development (e.g. height, setbacks). Timeline, Public Notice, Testimony and Referrals Application Submitted February 6, 2026 Application Application Deemed Complete May 21, 2026 Timeline Public Notice Mailed/Posted June 15, 2026 Public Hearing Scheduled July 15, 2026 Public Notice: Public notice of this Zone Change application was provided in accordance with Eugene Code (EC) 9.7315. Testimony: No testimony has been received regarding this proposal. If any testimony is received prior to the public hearing, it will be provided to the Hearings Official for consideration as part of the record. Referrals: The Planning Division also provided information concerning the application to appropriate City departments, public agencies, service providers, and the affected neighborhood group. All referral comments received by the Planning Division on this application are included in the application file for reference. The substance of any relevant _____________________________________________________________________________________________ Marjorie Avenue (Z 26-01) July 2026 Hearings Official Agenda - 07/15/2026 Page 4 of 11 referral comments is incorporated and addressed in the context of applicable approval criteria and standards in the following evaluation. Zone Change Evaluation The Hearings Official will review the application for Zone Change and consider relevant evidence and testimony as to whether the proposed 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 subject property is designated as Low-Density Residential according to the Metro Plan’s adopted land use diagram. The R-1 Low-Density Residential Zone implements the Low-Density Residential land use designation. A review of the Metro Plan does not appear to reveal any applicable policies that would serve as mandatory approval criteria or require further consideration and analysis under this criterion to approve the requested Zone Change. Based on these findings, this criterion is satisfied. 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 Willakenzie Area Plan (WAP) is the applicable refinement plan for the subject property. The subject property is located within the WAP’s Unincorporated Subarea. The WAP designates the area for Low-Density Residential use, which is consistent with the Metro Plan diagram as discussed above. A review of the WAP does not appear to reveal any applicable policies that would serve as mandatory approval criteria or require further consideration and analysis under this criterion to approve the requested Zone Change Based on these findings, this criterion is satisfied. 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). The following summary addresses the availability of these key urban services and facilities as required under this criterion. _____________________________________________________________________________________________ Marjorie Avenue (Z 26-01) July 2026 Hearings Official Agenda - 07/15/2026 Page 5 of 11 Wastewater: There is an 8-inch diameter public wastewater line in Downing Street to the west of subject property. Stormwater: There is an existing 12-inch diameter public stormwater line in Downing Street. Soil maps indicate primarily Type C soils. No construction is proposed as part of this application and future development will be subject to the City of Eugene stormwater standards during the building permit process. The applicant may be required to address all applicable stormwater management standards, including flood control, water quality, oil control, easements, and operation and maintenance. Stormwater standards will be reviewed at time of building permit. Streets: The subject property fronts both Downing Street and Marjorie Avenue. Downing Street is a local street under the jurisdiction of and maintained by the City of Eugene. The section of Marjorie Avenue adjacent to the property is a local street owned by Lane County Public Works and maintained by the City of Eugene. Compliance with applicable street standards will be evaluated at time of future development. 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: Previously, a manufactured home existed on the site but has been removed and the site is currently undeveloped. During the recent annexation of this property (City File A 26-03), EWEB confirmed it had no objections to the annexation, and services can feasibly be extended in accordance with EWEB policies and procedures at the time of future development. 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 grid street network. There is a public transit stop (LTD #96) located approximately 0.21 miles travel distance to the east on County Farm Road. which provides a connection to commercial and retail areas to the south. Parks and Recreation: Gilham Park is located to the southwest the subject property, while Armitage Park is 1.07 miles travel distance northeast of the site. 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 Eugene’s 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. _____________________________________________________________________________________________ Marjorie Avenue (Z 26-01) July 2026 Hearings Official Agenda - 07/15/2026 Page 6 of 11 Communication: A variety of telecommunication providers offer communications services throughout the Eugene/Springfield area; therefore, these services may be accessed, and this key urban service requirement is met. Public Schools: The subject property is within the 4J Eugene School District. 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 satisfied. EC 9.8865(4): The proposed zone change is consistent with the applicable siting requirements set out for the specific zone in: (a) EC 9.2150 Commercial Zone Siting Requirements. (b) EC 9.2430 Employment and Industrial Zone Siting Requirements. (c) EC 9.2510 Natural Resource Zone Siting Requirements. (d) EC 9.2610 Park, Recreation, and Open Space Siting Requirements. (e) EC 9.2681 Public Land Zone Siting Requirements. (f) EC 9.3055 S-C Chambers Special Area Zone Siting Requirements. (g) EC 9.3105 S-CN Chase Node Special Area Zone Siting Requirements. (h) EC 9.3140 S-DR Downtown Riverfront Special Area Zone Siting Requirements. (i) EC 9.3205 S-DW Downtown Westside Special Area Zone Siting Requirements. (j) EC 9.3305 S-E Elmira Road Special Area Zone Siting Requirements. (k) EC 9.3605 S-JW Jefferson Westside Special Area Zone Siting Requirements. (l) EC 9.3705 S-RP Riverfront Park Special Area Zone Siting Requirements. (m) EC 9.3805 S-RN Royal Node Special Area Zone Siting Requirements. (n) EC 9.3905 S-W Whiteaker Special Area Zone Siting Requirements. (o) EC 9.3955 S-WS Walnut Station Special Area Zone Siting Requirements. (p) EC 9.4160 /CL Clear Lake Overlay Zone Siting Requirements. (q) EC 9.4205 /EC East Campus Overlay Zone Siting Requirements. (r) EC 9.4715 /WP Waterside Protection Overlay Zone Siting Requirements. (s) EC 9.4776 /WQ Water Quality Overlay Zone Siting Requirements (only for the purposes of adding the overlay zone. See EC 9.4786.). (t) EC 9.4915 /WR Water Resources Conservation Overlay Zone Siting Requirements (only for the purposes of adding the overlay zone. See EC 9.4960.). (u) EC 9.4815 /WB Wetland Buffer Overlay Zone Siting Requirements. (v) An uncodified ordinance establishing a site specific S-H Historic Special Area Zone, a copy of which is maintained at the city’s planning and development department. There are no specific siting requirements for the R-1 zone under this criterion. _____________________________________________________________________________________________ Marjorie Avenue (Z 26-01) July 2026 Hearings Official Agenda - 07/15/2026 Page 7 of 11  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. This criterion is not applicable because the NR zone is not being applied. Transportation Planning Rule (TPR) Goal 12 Transportation of the Statewide Planning Goals, adopted by the Land Conservation and Development Commission, must be specifically addressed as part of the requested Zone Change and in the context of Oregon Administrative Rules (OAR 660-012-0060(1)). OAR 660-012-0060(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. In this case, the proposed Zone Change qualifies under subsection (9), which is addressed below. OAR 660-012-0060(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 2035 Transportation System Plan (2035 TSP) is the City’s acknowledged local transportation system plan. Per Chapter 3: Needs Assessment and Evaluation of the 2053 TSP, 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. Generally, 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 the 2035 TSP. As previously discussed, the proposed Zone Change is consistent with the land use designation in 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, _____________________________________________________________________________________________ Marjorie Avenue (Z 26-01) July 2026 Hearings Official Agenda - 07/15/2026 Page 8 of 11 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. Based on these findings, the proposed Zone Change complies with the Transportation Planning Rule. Staff Recommendation Consistent with the preceding findings of compliance with the Zone Change 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 requested Zone Change from AG Agricultural to R-1 Low- Density Residential. Consistent with 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 decision is mailed, it may be appealed to the Eugene Planning Commission as set forth in EC 9.7650 through EC 9.7685. If no appeal is received, the Zone Change will become effective on the 13th day after the date the decision was mailed. Attachments The applicant’s application materials, and the entire application file, are available for review at the Eugene Planning Division offices. The Hearings Official will receive a full set of application materials for review prior to the public hearing. These materials will also be made available for review at the public hearing. The following attachments are provided for ease of reference: Attachment A: Vicinity Map Attachment B: Zoning Map For more information, please contact Nicholas Gioello, Associate Planner, Planning Division, at: (541) 682-5453; or by e-mail at: Ngioello@Eugene-or.gov. _____________________________________________________________________________________________ Marjorie Avenue (Z 26-01) July 2026 Hearings Official Agenda - 07/15/2026 Page 9 of 11 Hearings Official Agenda - 07/15/2026 Page 10 of 11 Subject Property Note: Property annexed into city limits effective 5/20/26 and /UL Overlay removed Hearings Official Agenda - 07/15/2026 Page 11 of 11