Planning Commission

UPDATED 09/01/2011 AGENDA EUGENE PLANNING COMMISSION McNutt Room, City Hall 777 Pearl St. www.eugene‐or.gov/pc Eugene, OR 97401 The Eugene Planning Commission welcomes your interest in these agenda items. Feel free to come and go as you please at any of the meetings. This meeting location is wheelchair‐accessible . For the hearing impaired, FM assistive‐listening devices are available or an interpreter can be provided with 48 hours notice prior to the meeting. Spanish‐language interpretation will also be provided with 48 hours notice. To arrange for these services, contact the receptionist at 541‐ 682‐5481. Telecommunications devices for deaf assistance are available at 541‐682‐5119. TUESDAY, SEPTEMBER 6, 2011 – I. PUBLIC HEARING & DELIBERATIONS (6:00 p.m.) APPEAL OF HEARINGS OFFICIAL DECISION: LOOKING GLASS SCHOOL (Z 11‐3) This is a public hearing and deliberations on appeal of the Hearings Official’s approval of a zone change, from the existing zoning of GO, General Office, to C‐2, Community Commercial, for property located at 1666 West 12th Avenue. Lead City Staff: Steve Ochs, 541‐682‐5453 Public Hearing Format The Planning Commission will receive a brief City staff report followed by an opportunity for the applicant, appellants and interested parties to provide oral testimony, with final rebuttal reserved for the applicant. Time limits on testimony may be imposed. The Planning Commission may seek a response to testimony from City staff. At the end of the hearing, the Pl anning Commission Chair will announce whether the record is closed, the record will be held open, or the public hearing will be continued. II. DELIBERATIONS APPEAL OF HEARINGS OFFICIAL DECISION: AT&T MOBILITY (PDT 10‐2 & CU 11‐1) Deliberations on appeal of the Hearing Official’s conditional approval of concurrent tentative PUD and CUP applications by AT&T for installation of a new wireless telecommunications tower at the Oakway Golf Course Lead City Staff: Steve Ochs, 541‐682‐5453 PC Hearing 9/6/11 - Page 1 PC Hearing 9/6/11 - Page 2  AGENDA ITEM SUMMARY September 6, 2011 To: Eugene Planning Commission From: Steve Ochs, Associate Planner, Eugene Planning Division Subject: Appeal of Hearings Official Decision: Looking Glass School (Z 11-3) ACTION REQUESTED To hold a public hearing and deliberate on an appeal of the Eugene Hearings Official’s decision to approve a zone change for Looking Glass School (Z 11-3) and to take action to affirm, reverse, or modify the Hearings Official’s decision. BRIEFING STATEMENT The application subject to this appeal is a zone change approval for Looking Glass School, from GO, General Office, to C-2, Community Commercial on property located at 1662 West 12th Avenue. The subject property is approximately 1.1 acres in size and is developed with an existing commercial building and related parking. The Eugene Hearings Official held a public hearing for the subject application on July 13, 2011. After an open record period to allow additional testimony following the public hearing, the Hearings Official issued a decision approving the request on August 4, 2011. On August 16, 2011, an appeal of the Hearings Official’s decision was filed by Paul Conte on behalf of the Jefferson Westside Neighbors (JWN). The Eugene Planning Commission was originally scheduled to hold a public hearing on this appeal on August 31, 2011. The hearing has been postponed to September 6, 2011 as an agreement between the applicant and appellant was being negotiated. Notice of postponement was mailed August 29, 2011 and posted at the August 31, 2011 hearing location. At this point, an agreement between the parties has been reached. The agreement includes adding 2 conditions of approval to the zone change which are included in Section III of the Draft Final Order. With these conditions, both parties support the application. The Planning Commission is required to conduct the public hearing to accept the parties’ arguments according to the statutory procedures for quasi-judicial hearings, and otherwise set forth in the Eugene Code (EC 9.7065 through 9.7095). Deliberations will occur following the public hearing. A decision will be required no later than October 8, 2011, to meet the 120-day statutory time limit and to comply with local code 1 PC Hearing 9/6/11 - Page 3 procedures. The Planning Commission’s decision must otherwise be made in accordance with the provisions for appeal decisions (see EC 9.7680), and more specifically, consistent with the applicable zone change approval criteria from EC 9.8865. APPEAL ISSUES AND STAFF RESPONSE Three appeal issues were raised by Paul Conte on behalf of the Jefferson Westside Neighbors (JWN), which were more specifically addressed in the Agenda Item Summary for the originally scheduled August 31, 2011 hearing. These issues related to zone change criteria at EC 9.8865(1) and (2) in regards to consistency with the Metro Plan and Refinement Plan. With the conditions of approval included in the draft final order, the parties agree the appeal is resolved. RECOMMENDATION Based on the available information, staff recommends that the Hearing Official’s decision be affirmed and modified to include the conditions of approval as shown in Section III of the attached, Draft Final Order. ATTACHMENTS The entire record of materials for this zone change, including the Hearings Official’s decision, is available for review at the Eugene Planning Division offices, and provided to the Planning Commission under separate cover. The record of materials will also be made available for review at the Planning Commission public hearing, and any follow-up deliberation meetings on this matter. For convenience, the following relevant items from the record are attached for reference: 1. Vicinity Map 2. Draft Final Order of the Planning Commission FOR MORE INFORMATION: Please contact Steve Ochs, Eugene Planning Division, by phone at (541) 682-5453, or by e-mail at steve.p.ochs@ci.eugene.or.us 2 PC Hearing 9/6/11 - Page 4 PC Hearing 9/6/11 - Page 5 PC Hearing 9/6/11 - Page 6  DRAFT FINAL ORDER, FINDINGS, AND CONCLUSIONS OF THE EUGENE PLANNING COMMISSION: LOOKING GLASS SCHOOL (Z 11-3) I. INTRODUCTION The Eugene Hearings Official held a public hearing for the subject zone change application on July 13, 2011. After an open record period to allow additional testimony following the public hearing, the Hearings Official issued a decision approving the request on August 4, 2011. On August 16, 2011, an appeal of the Hearings Official’s decision was filed by Paul Conte on behalf of the Jefferson Westside Neighbors (JWN). In accordance with EC 9.7655(1), the City mailed written notice of the appeal hearing to the applicant, the appellant, the Jefferson Westside Neighbors (JWN), all persons who submitted written comments in regard to the original application, and all persons who requested notice. The written notice included the required elements set forth in EC 9.7655(2). The Planning Commission held a public hearing on this appeal on September 6, 2011. At the public hearing, the appellant and applicant provided testimony regarding settlement of the appeal which is included in the record. On September 6, 2011 after the public hearing and record was closed, the Planning Commission deliberated before taking final action on the appeal. The appeal is based on the record and comprised of 3 assignments of error with respect to the applicable zone change approval criteria at EC 9.8865(1) and (2). As described below, the Planning Commission affirms and modifies the Hearings Official’s decision to include conditions of zone change approval that satisfy the applicable criteria in this instance. II. APPLICABLE ZONE CHANGE APPROVAL CRITERIA Compliance with the zone change approval criteria at EC 9.8865(1) and (2) are raised in the appellant’s assignments of error on appeal. Those relevant criteria are listed below, for reference. EC 9.8865: Approval of a zone change application, including the designation of an overlay zone, shall not be approved unless it meets all of the following criteria: (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. (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. {00055546;1 } Draft Final Order – Looking Glass School (Z 11-3) September 6, 2011 PC Hearing 9/6/11 - Page 7 1 III. ADDITIONAL FINDINGS AND MODIFIED ZONE CHANGE APPROVAL After consideration of all testimony and evidence in the record, the Planning Commission modifies the Hearings Official’s decision as provided below. Based testimony received at the September 6, 2011 public hearing reflecting agreement between the applicant and appellant, the Planning Commission hereby modifies the Hearings Official’s decision to include the following conditions of approval: 1. The site, while zoned C-2 Community Commercial, may be occupied only by Looking Glass School. Upon the City’s receipt of actual notice that Looking Glass School no longer occupies the site (either as a tenant or an owner), the City shall send notice to the City and County Recorder of the site’s reversion back to the GO General Commercial zone. 2. Looking Glass School or the property owner shall mail notice to the City’s Planning Director at least 60 days prior to its termination of occupancy (either as a tenant or an owner), with a copy of the Planning Commission’s final order attached. The Planning Commission otherwise affirms the Hearings Official’s decision to approve the requested zone change. IV. CONCLUSION The Eugene Planning Commission has reviewed the record, and has voted to modify the decision of the Hearings Official to conditionally approve the zone change for Looking Glass School (Z 11-3), as provided above, in Section III of this Final Order. The foregoing findings and conclusions are adopted as the Final Order of the Eugene Planning Commission, for Looking Glass School (Z 11-3), this 6th day of September, 2011. ______________________________ Jeff Mills, Chair Eugene Planning Commission {00055546;1 } Draft Final Order – Looking Glass School (Z 11-3) September 6, 2011 2 PC Hearing 9/6/11 - Page 8