Planning Commission

AGENDA Phone: 541-682-5481 Meeting Location: www.eugene-or.gov/pc Virtual Meeting (Via Zoom) The Eugene Planning Commission welcomes your interest in these agenda items. This meeting will be held remotely using virtual meeting technology. Information about online or other options for access and participation is available on the last 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 Planning Commission meeting based on service availability but may occur as a follow up service. To arrange for these services, contact the Planning Division at 541-682-5675. TUESDAY, September 26, 2023 – Public Hearing (5:30 pm) Commissioners: Ken Beeson; Diane Behling; Tiffany Edwards; Lisa Fragala (Vice Chair); Dan Isaacson (Chair); Jason Lear, Chris Ramey The Commission will begin the meeting with the City’s Land Acknowledgement statement: Since time immemorial the Kalapuya people have been the Indigenous stewards to our region, building dynamic communities, maintaining balance with wildlife, and enacting sustainable land practices. This land acknowledgement is a way of resisting the erasure of Indigenous histories and to honor Native communities by inviting truth and reconciliation. Following treaties between 1851 and 1855, Kalapuya people were dispossessed of their Indigenous homeland by the United States government and forcibly removed to the Coast Reservation in Western Oregon. As we consider the impacts of colonization, we also acknowledge the strength and resiliency of displaced Indigenous people. The City of Eugene is built within the traditional homelands known as Kalapuya Ilihi. Kalapuya descendants are citizens of the Confederated Tribes of Grand Ronde Community of Oregon and the Confederated Tribes of the Siletz Indians of Oregon, they continue to make contributions in our communities here and across the lands. We express our respect for the inherent political sovereignty of all federally recognized Tribal Nations and Indigenous people who live in the State of Oregon and across the nation. Therefore, the Planning Commission recognizes that what we do today will affect the many generations who will come after us. I. Public Hearing on Appeal: METRO PLAN AMENDMENT/ZONE CHANGE FOR CINTAS (CITY FILES MA 23-4 & Z 23-6) Metro Plan Amendment to change the land use designation of two tax lots from Campus Industrial to Light Medium Industrial and a concurrent Zone Change to change the properties’ base zone from E-1 Campus Employment to I-2 Light-Medium Industrial. No changes to existing overlay zones are proposed. Staff: Jeff Gepper, 541-682-5282, JGepper@eugene-or.gov [See next page for information on public hearing format and how to attend the hearing] Page 1 of 26 Public Hearing Format: The order of procedure will be as follows, unless modified by the Planning Commission Chair as may be necessary or appropriate: 1. The Planning Commission Chair will summarize procedures and commence the hearing. 2. City staff will provide a brief introduction and summary of the application/appeal. 3. Testimony will first be allowed from the applicant and those in support of the application 4. Testimony will then be allowed from parties who are neither proponents nor opponents. 5. Testimony will then be allowed from the opponents/appellants. 6. Staff may provide a response to testimony, as needed. 7. Planning Commissioners may then ask questions of staff (note that commissioners may also raise questions that might arise during any individual testimony). 8. Rebuttal will then be allowed from the proponent/applicant. 9. Finally, the Planning Commission Chair will announce whether the hearing and record is closed, held open, or if the public hearing will be continued. HOW TO ACCESS THE MEETING To watch a webcast of the meeting live: Visit: https://www.eugene-or.gov/2109/Planning-Commission-Webcasts To be able to participate in the Public Hearing join using one of the two following options: 1. Join on your computer, tablet or smartphone Visit: https://eugene-or-gov.zoom.us/j/88568352100 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: 885 6835 2100 +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/kbEgyMKe59 Sign up to speak by dialing *9 (Star-9) Page 2 of 26  AGENDA ITEM SUMMARY September 26, 2023 To: Eugene Planning Commission From: Jeff Gepper, Senior Planner, Planning Division Subject: Public Hearing on Cintas Metro Plan Amendment and Zone Change (City Files Numbers: MA 23-4 and Z 23-6) ACTION REQUESTED: Hold a public hearing on the applicant’s proposed Metro Plan Amendment to change the plan designation from Campus Industrial to Light Medium Industrial, with a concurrent Zone Change from E-1 Campus Employment to I-2 Light-Medium Industrial, for the subject properties included in this request. Following this public hearing, the Planning Commission may deliberate and make a recommendation to City Council. Additional background and a brief overview of the proposal is provided below. For ease of reference, a vicinity map and zoning map showing the subject property and surrounding area are included as Attachments A and B. BRIEFING STATEMENT On September 26, 2023, the Planning Commission will hold a public hearing on a privately initiated, site-specific Metro Plan Amendment (MA 23-4) and concurrent Zone Change (Z 23-6) for the Cintas applications. The requested changes are outlined in Table 1 below. Cintas Metro Plan Amendment & Zone Change Application Current Proposed Acres Metro Plan Amendment Campus Industrial Light Medium Industrial 9.9 Zone Change E-1 Campus Employment I-2 Light-Medium Industrial 9.9 Table 1: Current/Proposed Plan Designations and Zoning The subject property consists of two vacant tax lots located in between Owen Loop South and West 11th Avenue/Hwy 126 (Assessor’s Map / Tax Lot: 17-04-32-14 / 00200 and 17-04-32-13 / 00600). The subject property is within an area known as the Greenhill Technology Park. The subject property also has two overlay zones, the Commercial Airport Safety (/CAS) and Wetland Buffer (/WB) overlay zones. This request is only to change the plan designation and base zoning and has no impact on the existing overlay zones. The applicant’s desired zoning of I-2 Light-Medium Industrial is inconsistent with the current Campus Industrial land use designation on the Metro Plan land use diagram. For this reason, Page 3 of 26 the applicant is seeking a change to the Metro Plan diagram to establish consistency between their desired zoning and the Metro Plan. While the change permits any of the listed uses within the I-2 zone, the applicant has specifically requested the Metro Plan Amendment and Zone Change to allow for the development of a “Cleaning and Dyeing Plant.” The applicant for this project is Cintas, a corporate entity providing uniform provision and cleaning, as well as other business services. Cintas is seeking this change to locate a new facility within the City of Eugene where they have a large customer base. More about their business proposal and operational characteristics are available in the application materials. Regardless of the applicant’s intent to develop a Cintas facility on the subject property, the change from E-1 to I-2 will alter the allowed uses in general for the subject property. For ease of reference, a comparison table has been provided as Attachment C that illustrates the proposed change in permitted uses between the E-1 and I-2 zones. Also see EC Table 9.2450 for a complete list of permitted uses in all of the Employment and Industrial Zones. More application details can be found in the attachments and other materials included in the application file, which has been provided separately to the Planning Commission. PROCEDURAL SUMMARY The requested Metro Plan Amendment is a Type I Metro Plan Diagram Amendment, per EC 9.7705, which only requires consideration by the City of Eugene. These applications follow the Metro Plan Amendment procedures of the Eugene Code starting at EC 9.7700. In accordance with EC 9.8855(4), Zone Changes involving a concurrent Metro Plan Amendment shall be processed in accordance with the Metro Plan Amendment procedures. Due to the site-specific nature of this application, this is a quasi-judicial land use decision, procedures for which begin at EC 9.7065. The adoption process also includes notice to interested parties in accordance with EC 9.7725. Approval of this Metro Plan Amendment and Zone Change are subject to compliance with the approval criteria at EC 9.7735 and EC 9.8865. Following the initial public hearing conducted by the Planning Commission, the Commission will deliberate and provide a recommendation to City Council to approve, approve with modification, or deny the proposal. A second public hearing will then be held by the City Council prior to final action. No written testimony was received in response to the public hearing notice, as of the date of this staff report. Any written testimony received after the date of this staff report will be provided to the Planning Commission and all testimony will be provided to the City Council. Page 4 of 26 STAFF RECOMMENDATION/NEXT STEPS Based on the available information and materials in the record, and the attached preliminary findings (see Attachment D), staff finds that the proposal complies with the applicable approval criteria. Staff therefore recommends the Planning Commission deliberate following the public hearing and issue a recommendation for Council’s approval of this Metro Plan Amendment and Zone Change proposal. ATTACHMENTS A. Vicinity Map B. Existing Zoning Map C. Comparison of Allowed Uses D. Preliminary Findings FOR MORE INFORMATION More information regarding the Cintas Metro Plan Amendment and Zone Change can be found here: https://pdd.eugene-or.gov/LandUse/SearchApplicationDocuments?file=MA-23-0004, or by contacting staff directly: Staff Contact: Jeff Gepper, Senior Planner Telephone: 541-682-5282 Staff E-Mail: JGepper@eugene-or.gov To submit written public comment, please email: JGepper@eugene-or.gov; or via regular mail: c/o Jeff Gepper, Senior Planner, 99 W. 10th Avenue, Eugene, OR 97401. Page 5 of 26  Cintas Metro Plan Amendment & Zone Change Attachment A City Files: MA 23-4 & Z 23-6 Vicinity Map OWEN LOOP NORTH D NE BLV ED CO OWEN LOOP SO UT H TERRY ST CROW RD W 11TH AVE LA PORTE DR Subject Property Caution: This map is based on imprecise source data, subject to Taxlots change, and for general reference only. Eugene UGB Created on 9/14/2023 by City of Eugene Planning Division ^ Page 6 of 26 0 100 200 Ft 400 N  Cintas Metro Plan Amendment & Zone Change Attachment B City Files: MA 23-4 & Z 23-6 Zoning Map OWEN LOOP NORTH NR D NE BLV ED CO E-1 I-2 OWEN LOOP SO UT H TERRY ST Proposed Change C-2 from E-1 to I-2 CROW RD W 11TH AVE R-2 LA PORTE DR R-1 Subject Property Caution: This map is based on imprecise source data, subject to C-2 Community Commercial change, and for general reference only. E-1 Campus Employment Created on 9/14/2023 I-2 Light-Medium Industrial by City of Eugene Planning Division NR Natural Resource ^ R-1 Low-Density Residential R-2 Medium-Density Residential Page 7 of 26 0 100 200 Ft 400 N Attachment C – Comparison of Uses Page 1 of 7 This annotated version of Eugene Code Section 9.2450 has been created to illustrate the difference between the E-1 Campus Employment and the I-2 Light-Medium Industrial zones. This comparison identifies which uses are being prohibited (red), permitted (Green), and permitted with additional requirements (Yellow) as a result of changing from E-1 to I-2.This comparison has been created for the benefit of understanding the change requested under the Cintas Metro Plan Amendment and Zone Change (City Files MA 23-4 and Z 23-6). 9.2450 Employment and Industrial Zone Land Use and Permit Requirements. The following Table 9.2450 Employment and Industrial Zone Land Use and Permit Requirements identifies those uses in the Employment and Industrial Zones that are: (P) Permitted. (SR) Permitted, subject to an approved site review plan or an approved final planned unit development. (C) Subject to a conditional use permit or an approved final planned unit development. (S) Permitted, subject to the Special Development Standards for Certain Uses beginning at EC 9.5000. (#) The numbers in ( ) in the table are uses that have special use limitations that are described in EC 9.2451. The examples listed in Table 9.2450 are for informational purposes and are not exclusive. Table 9.2450 does not indicate uses subject to Standards Review. Applicability of Standards Review procedures is set out at EC 9.8465. E-1 I-2 Accessory Uses. Examples include administration offices, and storage and P P distribution incidental to the primary use of the site. Horticultural Uses. Examples include field crops, orchards, berries, and P P nursery or flower stock. Mineral Resource Mining, Recovery, Stockpiling, Processing (excluding SR smelter or ore reduction) Bar and Tavern P(4) P(4) Delicatessen P(4) P(4) Restaurant P(4) P(4) Specialty Food and Beverage. Examples include bagel, candy, coffee, donut, P(4) P(4) and ice cream stores. Products manufactured on-site shall comply with manufacturing allowances for food and beverage products. Artist Gallery/Studio P This Version of the Eugene Code is current through Ordinance 20693, passed July 12, 2023. Page 8 of 26 Attachment C – Comparison of Uses Page 2 of 7 E-1 I-2 Ballet, Dance, Martial Arts, and Gymnastic School/Academy/Studio C(6) C(6) Church, Synagogue, and Temple, including associated residential structures C for religious personnel, in existence or permitted by an approved CUP by June 23, 2014 Club and Lodge of State or National Organization P Library P Museum P School, Business or Specialized Educational Training (excludes driver P P instruction) School, Driving (including use of motor vehicles) P Amusement Center (Arcade, pool tables, etc.) Athletic Facility and Sports Club P(4) Bowling Alley Golf Course, Miniature Indoor and Outdoor Race Track, including drag strip and go-cart tracks C Theater, Live Entertainment C(6) C(6) Theater, Motion Picture Automated Teller Machine (ATM) P P Bank, Savings and Loan Office, Credit Union P(4) P(4) Government Services, not specifically listed in this or any other uses and P P permit requirements table. An example could include: a fire station. Computer Networking (includes services and technical support center) P P E-commerce (includes call centers, online sales & shipping, and business-to- P P business services) Internet and Web Site (includes services and technical support center) P P Software Development (includes services and technical support center) P P Homeless Shelter in Existence as of January 1, 1984 (See EC 9.5300) Homeless Shelter Not in Existence as of January 1, 1984 C Hotel, Motel, and similar business providing overnight accommodations Apparel, Clothing, and other finished products made from fabrics, wool, P P yarn and similar materials Asphalt Mixing and Batching/Concrete Mixing and Batching SR This Version of the Eugene Code is current through Ordinance 20693, passed July 12, 2023. Page 9 of 26 Attachment C – Comparison of Uses Page 3 of 7 E-1 I-2 Chemical, Drug, Cosmetics, and Related Products P P Cleaning and Dyeing Plant P Concrete, Gypsum, and Plaster Products P Contractor’s Storage Yard P Electronic and Communication Components, Systems, Equipment, and P P Supplies, includes computers and semi-conductors Explosives, includes manufacturing Food and Beverage Products P P Furniture and Fixtures P Glass Products P Handcraft Industries, small scale manufacturing P Leather Products P Lumber and Wood Products P Machinery P Measuring, analyzing, and controlling instruments and time pieces P P Metal Products Fabrication, machine/welding shops(no blast furnaces) P Motion Picture Production, Distribution, and Allied Services P P Motor Vehicles and Transportation Equipment P Paints and Allied Products P Paper and Allied Products P Photographic and Copying Equipment P P Precision Testing, Medical, Optical, Surgical, and Dental Goods P P Recycling – composting, facilities requiring DEQ permit P Recycling – deconstruction, reuse, resale P P Recycling – large collection facility Recycling – reverse vending machine P Recycling – scrap and dismantling yard (includes vehicle wrecking and salvage) Recycling – small collection facility (See EC 9.5650) S Rubber and Plastic Products P Signs and Advertising Displays P Slaughterhouse and Rendering Plant (indoor only) This Version of the Eugene Code is current through Ordinance 20693, passed July 12, 2023. Page 10 of 26 Attachment C – Comparison of Uses Page 4 of 7 E-1 I-2 Stone, Cut Stone, and Clay Products P Textiles P Blood Bank Correctional Facility, excluding Residential Treatment Center C C Clinic or other Medical Health Treatment Facility (including mental health) P Drug Treatment Clinic – Non-Residential P(5) P(5) Hospital P Laboratory, includes medical, dental, and x-ray. In the E-1 zone, the use shall P directly serve manufacturers, or other employment and industrial or commercial enterprises, but exclude services offered on premises to the general public other than on an incidental basis. Residential Treatment Center C Car Wash Motor Vehicle Sales/Rental/Service, excluding recreational vehicles and P heavy trucks Motorcycle Sales/Rental/Service Parking Area not directly related to a primary use on the same development P P site Parts Store Recreational Vehicle and Heavy Truck, Sales/Rental/Service P Repair, includes paint and body shop P Service Station, includes quick servicing – Only permitted if property is P located over one-half mile by motor vehicle travel from commercially zoned land. Structured Parking, up to two levels not directly related to a primary use on P P the same development site Structured Parking, three or more levels not directly related to a primary P P use on the same development site Tires, Sales/Service P Transit, Neighborhood Improvement. P P Transit Park and Ride, Major or Minor. P P Transit Station, Major or Minor. P P Trucking Terminal P Administrative, General, and Professional Offices P This Version of the Eugene Code is current through Ordinance 20693, passed July 12, 2023. Page 11 of 26 Attachment C – Comparison of Uses Page 5 of 7 E-1 I-2 Scientific and Educational Research Center. P P Barber, Beauty, Nail, Tanning Shop P(4) P(4) Day Care Facility (Not associated with a residence) P(4) P(4) Dry Cleaner P(4) Film, drop-off/pick-up P(4) Locksmith Shop P(4) P Laundromat P(4) Mailing and Package Service P(4) P Shoe Repair Shop P(4) P Tailor Shop P(4) Single-Unit Dwelling P(1) P(1) Agricultural Machinery Rental/Sales/Service P Appliance Sales/Service Bicycle Rental/Sales/Service P(4) Boat and Watercraft Sales/Service P Book Store P(4) Building Materials and Supplies P Computer Store P(4) Convenience Store P(4) P(4) Drug Store (excluding Drug Treatment Center) P(4) Electrical Appliances and Supplies P(4) Equipment, Light, Rental/Sales/Service P Equipment, Heavy, Rental/Sales/Service – includes truck and tractor sales P Fabric Store Floor Covering Store Furniture and Home Furnishings Stores Garden Supply/Nursery, includes feed and seed store P(2) General Merchandise (includes supermarket and department store) Hardware/Home Improvement Store Healthcare Equipment and Supplies P(4) Liquor Store This Version of the Eugene Code is current through Ordinance 20693, passed July 12, 2023. Page 12 of 26 Attachment C – Comparison of Uses Page 6 of 7 E-1 I-2 Manufactured Dwelling Sales/Service/Repair P Office Equipment and Supplies P(4) Plumbing Supplies P Retail trade when secondary, directly related, and limited to products P(3) P(3) manufactured, repaired, or assembled on the development site Storage Facility, Household/Consumer Goods P Specialty Store (an example includes a gift store) P(4)(7) Toy and Hobby Store Video Store Wholesale, Warehousing, and Distribution. P P Amateur Radio Antenna Structure (See EC 9.5050) S Broadcasting Studio, Commercial and Public Education P P Electrical Substation, must meet landscape standards in EC 9.6210(3) High P P Screen Landscape Standard (L-3) unless fully enclosed within a building or approved through a Type II procedure that shows low visual impact. Fiber Optic Station, must meet landscape standards in EC 9.6210(3) High SR P Screen Landscape Standard (L-3) unless fully enclosed within a building or approved through a Type II procedure that shows low visual impact. Pump Station, well head, non-elevated reservoir, and other water or sewer SR P facilities, must meet landscape standards in EC 9.6210(3) High Screen Landscape Standard (L-3) unless fully enclosed within a building or approved through a Type II procedure that shows low visual impact. Telecommunication Tower or Facility (See EC 9.5750). S S Water Reservoir, elevated above ground level SR SR Building Maintenance Services P(4) P Catering Services P(4) Crematoria P Collection Center, Collection of Used Goods (See EC 9.5150) P Garbage Dump, Sanitary Land Fill C Heliport and Helistop C Kennel C Mortuary Photographers’ Studio P(4) Picture Framing and Glazing P(4) This Version of the Eugene Code is current through Ordinance 20693, passed July 12, 2023. Page 13 of 26 Attachment C – Comparison of Uses Page 7 of 7 E-1 I-2 Printing, Blueprinting and Duplicating P(4) P Publishing Service P P Temporary Activity (See EC 9.5800). S S Train Station P Upholstery Shop Veterinarian Service This Version of the Eugene Code is current through Ordinance 20693, passed July 12, 2023. Page 14 of 26  Attachment D PRELIMINARY FINDINGS IN SUPPORT OF AMENDING THE EUGENE- SPRINGFIELD METROPOLITAN AREA GENERAL PLAN DIAGRAM TO REDESIGNATE THE PROPERTY IDENTIFIED AS ASSESSOR’S MAP 17-04-32-14, TAX LOT 00200 AND ASSESSOR’S MAP 17-04-32-13, TAX LOT 00600 FROM CAMPUS INDUSTRIAL TO LIGHT MEDIUM INDUSTRIAL AND REZONE THE PROPERTY FROM E-1 CAMPUS EMPLOYMENT TO I-2 LIGHT-MEDIUM INDUSTRIAL APPLICATION OVERVIEW Name (File Numbers): Cintas (MA 23-4 / Z 23-6) Map No. / Tax Lots: 17-04-32-14 / 00200 and 17-04-32-13 / 00600 The applicant is seeking an amendment to the Eugene-Springfield Metropolitan Area General Plan (Metro Plan) land use diagram, and a concurrent Zone Change. The requested changes are outlined in Table 1, below. Cintas Metro Plan Amendment & Zone Change Application Current Proposed Acres Metro Plan Amendment Campus Industrial Light Medium Industrial 9.9 E-1 Campus Zone Change I-2 Light-Medium Industrial 9.9 Employment Table 1: Current/Proposed Plan Designations and Zoning (No changes to the existing /CAS Commercial Airport Safety or /WB Wetland Buffer Overlay Zones are proposed) The subject property is located between Owen Loop South and West 11th Avenue/Hwy 126 in the far west of the City. It consists of two separate tax lots with one owner. The property owner has signed the application; however, the applicant for the project is Cintas Corporation, who plans on locating a new facility on the subject property. PRELIMINARY FINDINGS This request for a Metro Plan Amendment (Type I) is subject to the land use application procedures in the Eugene Code (EC) 9.7700-9.7735. The applicant has also requested a Zone Change. According to EC 9.8855(4), the requested zone change is being processed concurrently and in accordance with the Metro Plan Amendment procedures. There is no applicable refinement plan that requires amendment as part of this request, to remain consistent with the applicant’s proposed changes to the Metro Plan diagram. Preliminary Findings MA 23-4 / Z 23-6 Page 15 of 26  Attachment D The applicant’s narrative states that the requested change is because the I-2 zone allows for a “Cleaning and Dyeing Plant” on the subject property. The applicant, Cintas, chose the location because of its size and location access to a multi-modal transportation corridor. If approved, the applicant plans on developing a Cintas facility and has provided conceptual plans for the proposed 135 employee facility. While it is helpful and relevant to know why the applicant has requested the Metro Plan Amendment and Zone Change, it is important to recognize that these findings will reflect how changes to the land use designation and zoning, and all potential uses resulting from said change, are consistent with the approval criteria. The following preliminary findings address details of the proposal in the context of compliance with the applicable approval criteria at EC 9.7735 and EC 9.8865. Those criteria are provided below (in bolded text), including findings addressing compliance with each. METRO PLAN AMENDMENT The applicant’s requested Metro Plan Amendment proposes to change the land use designation of the subject property from Campus Industrial to Light Medium Industrial. The amendment qualifies as a Type I Metro Plan amendment as it only involves a change to the land use diagram and no text amendments to the plan are proposed or required. The following findings address the applicable approval criteria for the Metro Plan Amendment: EC 9.7735 (1): The proposed amendment is consistent with the relevant Statewide Planning Goals. Goal 1: Citizen Involvement - To develop a citizen involvement program that ensures the opportunity for citizens to be involved in all phases of the planning process. The City’s provisions for citizen involvement ensure the opportunity for community members to be involved in all phases of the planning process and set out requirements for such involvement. The proposal does not include any changes to the City’s citizen involvement program. The City’s land use code implements Statewide Planning Goal 1 through its noticing requirements, which for this request has included the following: • A pre-application neighborhood/applicant meeting (06/06/2023) • Notice to the Oregon Department of Land Conservation and Development (08/22/2023) • Referrals and notice sent to Lane County and the City of Springfield (08/17/2023) • Public notice for the Planning Commission public hearing to consider the applications, which includes mailing notice to interested parties and adjacent property owners (08/24/2023); posting of the notice on-site (09/05/2023); and, publishing the notice in a local newspaper (09/06/2023). Consideration of the plan amendment and zone change will begin with a Planning Commission public hearing on September 26, 2023, which provides an opportunity for members of the public to provide oral testimony in addition to written comments. Following consideration and Preliminary Findings MA 23-4 / Z 23-6 Page 16 of 26  Attachment D deliberations, the Planning Commission will provide a recommendation to the City Council. The Eugene City Council will then hold a public hearing to consider the proposal. Each public hearing will present an opportunity for interested parties to provide testimony to the Planning Commission and City Council for their consideration. Based on these findings, the amendment is consistent with Statewide Planning Goal 1. Goal 2: Land Use Planning - To establish a land use planning process and policy framework as a basis for all decisions and actions related to use of land and to assure an adequate factual base for such decisions and actions. The Statewide Planning Goal 2 coordination requirement is met when the City engages in an exchange, or invites such an exchange, between the City and any affected governmental unit and when the City uses the information obtained in the exchange to balance the needs of its citizens. To comply with the Goal 2 coordination requirement, the City provided notice of the proposal and an opportunity to comment to Lane County, Lane Council of Governments, City of Springfield, the Oregon Department of Transportation and the Oregon Department of Land Conservation and Development. In accordance with Statewide Planning Goal 2, the requested Metro Plan Amendment is being processed according to Eugene’s land use code, which specifies the procedure and criteria for consideration of the request. The requested Metro Plan Amendment qualifies as a Type I Metro Plan amendment as defined in EC 9.7705 because the only requested change is to the Metro Plan’s land use diagram, for lands located wholly within the City of Eugene. Consistent with EC 9.7715(1), the request for an amendment was initiated by a representative of the property owners. In accordance with EC 9.7705(1), this Type I amendment requires approval by City of Eugene only. The subject property is entirely within the Eugene City limits and there is no regional impact associated with this request to amend the Metro Plan land use designation. As the application follows the procedural requirements established by Eugene’s land use code, and there are no exceptions to Statewide Planning Goal 2 required, the plan amendment is consistent with Statewide Planning Goal 2. Goal 3: Agricultural Lands - To preserve agricultural lands. The amendment is for property located within the urban growth boundary and does not affect any land designated for agricultural use. Based on this finding, Statewide Planning Goal 3 does not apply. Goal 4: Forest Lands - To preserve forest lands. The amendment is for property located within the urban growth boundary and does not affect any land designated for forest use. Based on this finding, Statewide Planning Goal 4 does not apply. Preliminary Findings MA 23-4 / Z 23-6 Page 17 of 26  Attachment D Goal 5: Natural Resources, Scenic and Historic Areas, and Open Spaces - To protect natural resources and conserve scenic and historic areas and open spaces. There are Goal 5 resources located on the subject property as identified in the West Eugene Wetland Plan. However, these are identified as “filled” wetlands and the Metro Plan Amendment will have no direct impact on the wetlands. Further, this amendment does not create or amend the City’s list of Goal 5 resources, does not amend a code provision adopted in order to protect a significant Goal 5 resource or to address specific requirements of Goal 5, nor does it allow new uses that could be conflicting with a significant Goal 5 resource site. Therefore, Statewide Planning Goal 5 does not apply. Goal 6: Air, Water and Land Resources Quality - To maintain and improve the quality of the air, water and land resources of the state. The change to the Metro Plan diagram does not impact existing regulations that implement the air, water, and land resources quality protections. Any future development will be subject to City regulations and other state and federal requirements, ensuring that future developments will be consistent with this Goal. Based on these findings, the Metro Plan amendment is consistent with Statewide Planning Goal 6. Goal 7: Areas Subject to Natural Hazards - To protect people and property from natural hazards. Statewide Planning Goal 7 requires that local government planning programs include provisions to protect people and property from the following natural hazards: floods, landslides, earthquakes and related hazards, tsunamis, coastal erosion and wildfires. Goal 7 prohibits development in natural hazard areas without appropriate safeguards. The subject property is not located within known areas of natural disasters or hazards. The subject property is outside the flood zone and is not subject to hazards normally associated with wildfires or tsunamis. Other hazards can be mitigated at the time of development based on applicable land use code provisions, building codes and building techniques. The amendment to the Metro Plan diagram does not affect the City’s restrictions on development in areas subject to natural disasters and hazards. Based on these findings, the amendment is consistent with Statewide Planning Goal 7. Goal 8: Recreational Needs - To satisfy the recreational needs of the citizens of the state and visitors and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. Statewide Planning Goal 8 ensures the provision of recreational facilities to Oregon citizens and is primarily concerned with the provision of those facilities in non-urban areas of the state. The Metro Plan diagram amendment does not affect the City’s provisions for or access to recreation areas, facilities or recreational opportunities. Therefore, Statewide Planning Goal 8 does not apply. Preliminary Findings MA 23-4 / Z 23-6 Page 18 of 26  Attachment D Goal 9: Economic Development - To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. Statewide Planning Goal 9 requires cities to evaluate the supply and demand of commercial and industrial land relative to community economic objectives. This amendment to the Metro Plan diagram is only related to lands designated as industrial. The Administrative Rule for Statewide Planning Goal 9 (OAR 660 Division 9) requires that the City provide for at least an adequate supply of sites of suitable sizes, types, locations, and service levels for a variety of industrial and commercial uses consistent with plan policies. The Employment Lands Supply Study 2012-2032 (ELSS) is included as Appendix B in the City’s comprehensive plan, Envision Eugene, and complies with the requirements of Goal 9 and the corresponding Administrative Rule. The ELSS classifies the subject properties as “Vacant Employment Lands.” (See Employment Land Supply (2012) Figure 5, map tile 13 of 18.) Based on this classification, the subject property was included in the inventory of developable employment lands within Eugene’s Urban Growth Boundary. Therefore, while the proposal may change the land use designation from Campus Employment to Light Medium Industrial, both designations are classified as industrial, and the land remains industrially designated. Therefore, the amendment to the Metro Plan will have no impact on the City’s adopted supply of industrially designated land. Further, the diagram amendment does not add or subtract any industrial land from the adopted inventories. For the purposes of the City’s ELSS, all industrial land use land designations (Campus, Light-Medium, and Heavy) are grouped together. Therefore, properties within the broad category of industrial can be re-designated to another type of industrial without changing the amount of industrial land in the City’s inventory. In this case, a re- designation from Campus Industrial to Light Medium Industrial results in no net change to the City’s adopted inventory of industrially designated land. OAR 660-009-010(4) also includes specific requirements for changes in plan designation that involve land in excess of two acres within an existing urban growth boundary from an industrial use designation to a non-industrial use designation, or another employment use designation to any other use designation. While the subject property exceeds two acres, the change is from one industrial designation (Campus) to another industrial designation (Light Medium). Therefore, the requirements of OAR 660-009-010(4) do not apply. The requested Metro Plan Amendment will not adversely impact the City’s ability to provide opportunities for a variety of economic activities. In the application materials, the applicant addresses the economic benefits of the change, specifically facilitating the development of a large Cintas facility providing economic benefits and employment opportunities. Further contextual analysis demonstrating how the amendment supports Statewide Planning Goal 9 generally is included in the applicant’s narrative. Based on these findings, the amendment is consistent with Statewide Planning Goal 9. Preliminary Findings MA 23-4 / Z 23-6 Page 19 of 26  Attachment D Goal 10: Housing - To provide for the housing needs of citizens of the state. The subject property does not include any lands designated for residential use in the City’s Buildable Lands Inventory (BLI). Therefore, the proposal does not include any changes that would impact the availability of residential lands for housing, nor does it impact the City’s ability to provide for housing needs in the future. Based on these findings, Statewide Planning Goal 10 does not apply. Goal 11: Public Facilities and Services - To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. The Metro Plan Diagram amendment does not affect the City’s provision of public facilities and services. Based on this finding, Statewide Planning Goal 11 does not apply. However, as a note, all necessary public services exist or are readily available in close proximity to the subject site. Goal 12: Transportation - To provide and encourage a safe, convenient and economic transportation system. Goal 12 requires a determination of whether the Metro Plan Amendment will significantly impact an existing or planned transportation facility. OAR 660-012-0060, the Transportation Planning Rule (TPR), implements Goal 12 for amendments to the Metro Plan diagram, such as this application. The TPR contains the following requirement: 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. A plan or land use regulation amendment significantly affects a transportation facility if it would: (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 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; Preliminary Findings MA 23-4 / Z 23-6 Page 20 of 26  Attachment D (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 applicant submitted a TPR analysis, prepared by Kelly Sandow, PE, of Sandow Engineering, to demonstrate consistency with Statewide Planning Goal 12 requirements and the Eugene 2035 Transportation System Plan (TSP). The analysis calculated an assumed “worst-case development” scenario for the existing and proposed land use designations and zoning to quantify potential transportation impacts for a 20-year planning horizon. The assumption was based on the total site area, a rate of development based on proposed zoning and a high traffic impact use allowed in the existing (E-1) and proposed (I-2) zone. The result of the Transportation Engineer’s calculation is that development under the proposed designation and zoning would potentially generate fewer peak hour trips compared to the existing designation and zoning. City staff concurs with the scope of the study, and the analysis is consistent with the agreed upon scope of work. The applicant’s TPR analysis concludes that the amendment and zone change will not significantly affect the operation of the studied intersections, in accordance with OAR 660-012- 0060(1). This is supported by findings included within the analysis that verify the amendment and zone change does not significantly affect any transportation facility, citing compliance with OAR 660-012-0060(1)(a) though (c). City staff concurs with these findings, noting that because the OAR 660-012-0060(1) is satisfied and there is no significant effect, the remaining OAR subsections (2) through (11) do not apply. Based on these findings, the amendment is consistent with Statewide Planning Goal 12. Goal 13: Energy Conservation - To conserve energy. The amendment to the Metro Plan land use diagram will not amend or otherwise involve any land use regulations that implement this Goal. Therefore, Statewide Planning Goal 13 does not apply. Goal 14: Urbanization - To provide for an orderly and efficient transition from rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to ensure efficient use of land, and to provide for livable communities. The Metro Plan diagram amendment does not affect the City’s provisions regarding the transition of land from rural to urban uses. Based on this finding, Statewide Planning Goal 14 does not apply. Preliminary Findings MA 23-4 / Z 23-6 Page 21 of 26  Attachment D Goal 15: Willamette River Greenway - To protect, conserve, enhance and maintain the natural, scenic, historical, agricultural, economic and recreational qualities of lands along the Willamette River as the Willamette River Greenway. The Metro Plan Amendment does not contain any changes that affect the Willamette River Greenway regulations, nor is the subject property located within the adopted Willamette River Greenway boundary. Based on this finding, Statewide Planning Goal 15 does not apply. Goals 16 – 19: Estuarine Resources; Coastal Shorelands; Beaches and Dunes; and Ocean Resources There are no estuarine, beach and dune, coastal, or ocean resources related to subject property. Based on this finding, Statewide Planning Goals 16 through 19 do not apply. Based on the findings above, the Metro Plan Amendment complies with the Statewide Planning Goals and the approval criterion at EC 9.7735(1) is met. EC 9.7735(2): The proposed amendment does not make the Metro Plan internally inconsistent. No policies within the Metro Plan appear to serve as mandatory approval criteria for this application, nor do any Metro Plan policies appear to be directly relevant to this site-specific Metro Plan Diagram amendment. Therefore, the amendment does not present any conflict with Metro Plan policies nor make the Metro Plan internally inconsistent. Based on these findings, this criterion is met. EC 9.7735(3): When the city-specific local comprehensive plan also applies, the proposed amendment is consistent with the city-specific local comprehensive plan. The city-specific local comprehensive plan for the City of Eugene is the Envision Eugene Comprehensive Plan. The following policies from the Envision Eugene (EE) Comprehensive Plan provide general support for the amendment to the Metro Plan diagram: EE Policy 3.15: Adequate Land Supply. Designate an adequate number of sites within the urban growth boundary to accommodate growing local businesses and new targeted industries, especially a diversified manufacturing base that includes advanced manufacturing, food and beverages, wood products manufacturing, regional distribution, trade, and services such as offices, software developers, educational technology, corporate headquarters, and other employment uses. EE Policy 3.22: West Eugene Employment Areas. Protect industrial areas in west Eugene, while supporting their evolution into diverse places of commerce with a flexible regulatory approach that offers a broad mix of employment and industrial uses, thereby accommodating increased employment densities and services to surrounding neighborhoods. Preliminary Findings MA 23-4 / Z 23-6 Page 22 of 26  Attachment D Each of the policies above comes from Economic Development Chapter of the Envision Eugene Comprehensive Plan. The applicant contends that the amendment will allow the expansion of an existing industrial business (Cintas) within the City of Eugene, which is supported by Policies 3.19 and 3.22. The amendment also results in the property remaining in an industrial designation and opportunities and thus is supported by Policies 3.15 and 3.22. While the applicant has a specific development plan, the amendment and concurrent zone change expands the number of permitted industrial uses (see EC Table 9.2450 for a complete list of permitted uses in the Employment and Industrial Zones). Based on these facts, the amendment and concurrent zone change are generally supported by the Economic Development policies cited above. The Transportation Chapter of Envision Eugene states that the Eugene 2035 Transportation System Plan (TSP) serves as the transportation element for the comprehensive plan. As noted in the findings related to Statewide Planning Goal 12, the Metro Plan Diagram amendment is consistent with the City’s TSP, and therefore consistent with the transportation element of Envision Eugene. No transportation policies appear to be directly relevant to this site-specific Metro Plan Amendment, nor do they serve as mandatory approval criteria for the amendment. Based on these findings, the amendment is consistent with the Envision Eugene Comprehensive Plan, the City’s local comprehensive plan. ZONE CHANGE The applicant’s request includes a concurrent zone change from E-1 Campus Employment to I-2 Light-Medium Industrial, to bring the zoning into conformance with the proposed Light Medium Industrial plan designation. The following findings address the applicable approval criteria for the Zone Change request: 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. According to EC 9.2410, the requested I-2 zone implements the Metro Plan’s Light Medium Industrial land use designation. Therefore, the Zone Change is consistent with the requested change to the Metro Plan diagram to designate the subject property as Light Medium Industrial. There are no Metro Plan polices that serve as mandatory approval criteria for this Zone Change or require further analysis beyond that provided above for the requested Metro Plan Amendment. Based on these findings, and with concurrent approval of the Metro Plan Amendment, this criterion is met. Preliminary Findings MA 23-4 / Z 23-6 Page 23 of 26  Attachment D 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 within West Eugene Wetlands Plan area, an applicable refinement plan. This refinement plan does not contain a land use diagram, and therefore the Zone Change relies on the land use designation set forth by the Metro Plan’s land use diagram, as discussed above. In addition, the Zone Change does not propose any change to the existing Wetland Buffer (/WB) Overlay Zone that implements relevant wetland protections identified in the West Eugene Wetlands Plan. It is also important to note that the West Eugene Wetlands Plan identifies all wetlands on the subject property as “filled” and not protected. No other policies or provisions any applicable refinement plan appear to serve as mandatory approval criteria for this Zone Change. Based on these findings, and with concurrent approval of the amendment to the Metro Plan diagram, this criterion is met. 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. Wastewater: Public wastewater service is currently available for the subject property from wastewater lines located in Owen Loop South. Wastewater standards will be reviewed at the time of future development for any extension of service to the subject property. Stormwater: The Greenhill Technology Park has a combination of stormwater systems located within the area, including, but not limited to, swales, ponds, pipes, and culverts, which were required and implemented as part of the original subdivision process (City File S 93-36). The applicant’s narrative details specific design considerations based on the existing, filled wetlands, previous land use requirements, and state/federal requirements. Stormwater standards will be reviewed at the time of future development of the subject property. Streets: The subject property has public street frontage on West 11th Avenue, also known as Highway 126, and Owen Loop South. Compliance with applicable street and access connection standards will be addressed at the time of future development. Preliminary Findings MA 23-4 / Z 23-6 Page 24 of 26  Attachment D 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: Water and electrical services, operated by Eugene Water and Electric Board (EWEB) are available for extension to the property. Any future development will require coordination with EWEB staff to ensure that water and electric services comply with City standards and 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 network of streets and transportation infrastructure. Transit services are available along West 11th Avenue. 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. Communication: A variety of telecommunication providers offer communications services throughout the Eugene/Springfield area. Therefore, these services are available, and this key urban service requirement is met. Public Schools: The subject property is within Eugene School District 4J. 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: (b) EC 9.2430 Employment and Industrial Zone Siting Requirements. The specific siting standards for the I-2, Light-Medium Industrial zone are listed under EC 9.2430(3) and provided for ease of reference below. Preliminary Findings MA 23-4 / Z 23-6 Page 25 of 26  Attachment D EC 9.2430(3): I-2 Light – Medium Industrial. This zone is limited to areas designated Light- Medium Industrial in the comprehensive plan or those that meet all of the following minimum siting requirements: (a) Access to arterial streets without undue negative impact on residential streets. (b) No more than 5 acres. (c) Sufficient street frontage to accommodate structures, parking, and access in character with adjacent non-industrial properties. According to these siting requirements, I-2 zoning is limited to areas designated Light-Medium Industrial and the subject property will be designated Light-Medium Industrial with approval of the concurrent Metro Plan diagram amendment. As such, the alternative siting standards on lands not designated Light-Medium Industrial at EC 9.2430(3)(a)-(c) above, do not apply. Based on these findings, with concurrent approval of the Metro Plan diagram amendment, the siting requirements of EC 9.2430 are satisfied, and this criterion is met. EC 9.8865(5): In cases where the NR zone is applied … This criterion does not apply because the zone change does not include the NR zone. OAR 660-012-0060 - Transportation Planning Rule While not an approval criterion included in Eugene Code, Zone Change applications are required to demonstrate compliance with the State’s Transportation Planning Rule under OAR 660-012-0060. Consistent with the findings under the Statewide Planning Goal 12 above, incorporated herein by reference, the Zone Change is consistent with the Transportation Planning Rule. CONCLUSION Based on the available information and evidence, and the preceding findings of compliance with the applicable approval criteria, the Metro Plan Amendment and Zone Change comply with the applicable approval criteria. Preliminary Findings MA 23-4 / Z 23-6 Page 26 of 26