AGENDA ITEM SUMMARY <br />October 20, 2015 <br />To: Eugene Planning Commission <br />From: Erik Berg-Johansen, Assistant Planner, Eugene Planning Division <br />Subject: Appeal of Hearings Official Decision: Laurel Ridge Zone Change (Z 15-5) <br />ACTION REQUESTED <br />The Planning Commission will hold a public hearing on an appeal of a zone change that was recently <br />approved by the Hearings Official. The appeal, filed by the Laurel Hill Valley Citizens (LHVC) <br />neighborhood association, contests the approved boundary line between the proposed R-1 and PRO <br />zones on the subject property. <br />Given the limited time frame between this hearing and the expiration of the allowed 120-day statutory <br />time limit, the Planning Commission should also begin deliberations this same evening, immediately <br />following the close of the public hearing. Deliberations will continue at the next regular meeting <br />scheduled for October 26t", with final action required no later than November 6t" in order to meet the <br />120-day deadline for a final local decision in accordance with ORS 227.178 and 197.763(6)(e). <br />BACKGROUND <br />In 2012, the current applicant (Environ-Metal Properties, LLC) requested a zone change from <br />Agriculture (AG) to Low-Density Residential (R-1) zoning on the subject properties (for a vicinity map, <br />see Attachment A). The proposal, which included concurrent tentative Planned Unit Development, <br />Standards Review, and Traffic Impact Analysis applications, did not propose to rezone any portion of <br />the site as Park, Recreation & Open Space (PRO) zoning. PRO zoning is the associated zoning to <br />implement the Metro Plan Parks and Open Space (POS) land use designation category. <br />The proposal was originally heard by the Hearings Official on August 28, 2013, and was ultimately <br />denied. To summarize, the Hearings Official found that the Metro Plan diagram clearly shows the POS <br />designation on a portion of the subject site, and that the applicant erred in omitting the POS <br />designation entirely. In the end, the Hearings Official's decision to deny the project was affirmed by <br />the Planning Commission, Oregon Land Use Board of Appeals (LUBA), and the Court of Appeals. <br />Since that time, the applicant has re-applied for a zone change which acknowledges the existence of <br />POS designation on the subject property, and proposes to establish a combination of R-1 and PRO <br />zoning to implement the applicable Metro Plan designations. The Hearings Official recently approved <br />the zone change, which is now the subject of an appeal by the affected neighborhood association. <br />Page 1 <br />PC Agenda - Page 1 <br />