"Applicability. The /SR overlay zone applies to all property where /SR is indicated on <br />the Eugene overlay zone map. In addition, the /SR overlay zone may be required by a <br />refinement plan. * * <br />The only reason for maintaining the SR overlay is because it is indicated on the overlay <br />map. There is nothing in the applicable refinement plan (the WAP) or R-1 Low-Density Residential <br />zoning that would impose the SR overlay. As discussed above, the original reason for the SR <br />overlay under the prior code was fulfilled years ago, and the SR overlay no longer serves its <br />intended purpose. The applicant provides a detailed analysis and history of the City removing such <br />overlays when they were imposed prior to the new EC in 2001 and no longer serve the intended <br />purpose, and are not required by any refinement plan. I agree with the applicant's argument that <br />under such circumstances an overlay may be removed. <br />In order to remove an overlay under these circumstances, the proposal must still satisfy the <br />zone change approval of EC 9.8865 listed above. The applicant provides analysis of the zone <br />change approval criteria on pages 18-20 of its July 1, 2013 zone change application. There was no <br />evidence submitted or testimony presented regarding any of the zone change approval criteria <br />regarding removal of the SR overlay. I agree with the applicant's findings for EC 9.8865 at pages <br />18-20 and adopt and incorporate those findings. The only evidence or testimony in opposition <br />specifically to the removal of the SR overlay was testimony from Brad Boyd (Boyd), who argued <br />that it was unfair to accept favorable existing conditions, such as the Medium Density Plan <br />Designation for part of Tax Lot 1211, but to challenge inconvenient existing conditions like the SR <br />overlay. Unfortunately for Boyd, his "having your cake and eating it too" argument does not refute <br />the fact that the reason for the SR overlay in the first place no longer exists and that the proposed <br />removal satisfies all of the zone change approval criteria. I agree with the applicant that the SR <br />overlay should be removed. <br />Tax Lot 1211 <br />One final issue needs to be resolved. The applicant requests that Tax Lot 1211 be rezoned <br />from one zoning designation, AG Agricultural, to two zoning designations, R-1 Low-Density <br />Residential and R-2 Medium-Density Residential. As discussed above, the proposed zone change <br />satisfies the approval criteria for the requested zone change. Because Tax Lot 1211 is proposed to <br />be split-zoned, it is not immediately apparent where the boundary between the R-1 Low-Density <br />Residential zone and the R-2 Medium-Density Residential zone should be located. As discussed <br />above, the southern 15 acres of Tax Lot 1211 has a Metro Plan designation of Medium Density <br />Residential. This designation is documented by an excerpt from the WAP (Exhibit I of the <br />applicant's July 1, 2013 zone change application) that has a large-scale map generally showing a <br />Medium Density Residential area in the southern portion of what is now Tax Lot 1211. There is <br />also a more detailed, smaller-scale map submitted by the applicant (Site Map Proposed Zoning <br />attached to the staff report) showing an east-west line marking the proposed boundary <br />approximately a third of the way up Tax Lot 1211 from Ayres Road. <br />In its zone change application, the applicant states: <br />Hearings Official Decision (Z 13-5) Page 9 <br />