found that the Metro Plan diagram clearly shows the POS designation on a portion of the <br />subject site, and that the applicant erred in omitting the POS designation entirely. <br />Following denial, the applicant appealed the project to the Planning Commission. In October of <br />2013, the Commission affirmed the Hearings Official's decision based on similar findings related <br />to the exclusion of POS designation. <br />Following the Planning Commission's decision, the applicant's representative, Bill Kloos, filed an <br />appeal with the Land Use Board of Appeals of the State of Oregon (LUBA). LUBA ultimately <br />affirmed the decisions of the Hearings Official and Planning Commission to deny the project. <br />From this series of decisions, the following important findings were confirmed: 1) The POS <br />designation is clearly shown on a portion of the subject site; 2) the Metro Plan diagram takes <br />precedence over the Laurel Hill Refinement Plan map in terms of zoning designation; and 3) the <br />UGB and the East 30th Avenue right-of-way are appropriate referents in determining the correct <br />location for POS designation. <br />Present Request <br />The applicant requests a zone change for both properties from the current Agricultural (AG) <br />zoning to a mix of Low-Density Residential (R-1) and Park, Recreation & Open Space (PRO) with <br />a Planned Development (PD) overlay zone. The applicant proposes that the existing Water <br />Resources (WR) overlay zone remain on both properties. The total area proposed for rezoning <br />is approximately 121.7 acres, with the majority being proposed as R-1 (101.2 acres). Approval <br />of this zone change would increase the area of residential zoning within City limits, and allow <br />for a residential Planned Unit Development project. No development application has been <br />submitted concurrently with this zone change request. The applicant's present request is <br />outlined more specifically in Table 1 below. <br />Table 1: Applicant's Proposed Zoning Designations <br />Tax Lot <br />Acres <br />Existing Zoning <br />Proposed Zoning <br />00701 <br />92.36 <br />AG/WR <br />R-1/PD/WR <br />00701 <br />6.01 <br />AG/WR <br />PRO/PD/WR <br />00703 <br />8.85 <br />AG/WR <br />R-1/PD/WR <br />00703 <br />14.46 <br />AG/WR <br />PRO/PD/WR <br />The Eugene Code (EC) requires City staff to prepare a written report concerning the subject <br />land use application. In accordance with the Type III land use application procedures at EC <br />9.7320, the staff report is made available seven days prior to the public hearing, to allow <br />interested parties an opportunity to review the staff analysis of the application. The staff report <br />provides only preliminary information and recommendations. The Hearings Official will <br />consider additional public testimony and other materials presented at the public hearing before <br />making a decision on the application. Pursuant to EC 9.7330, the Hearings Official's written <br />decision on the application is made within 15 days from the close of the public record, following <br />the public hearing. The quasi-judicial hearing procedures applicable to this request are <br />described at EC 9.7065 through EC 9.7095. <br />Laurel Ridge (Z 15-5) August 2015 HO Agenda - Page 1 <br />Laurel Ridge Record (Z 15-5) <br />Page 762 <br />