the proposed C-2 zone would correctly implement this plan designation. The applicant also states the <br />proposed rezoning will improve the development potential of the subject site. <br />The Eugene Code (EC) requires City staff to prepare a written report concerning the subject land use <br />application. In accordance with the Type III land use application procedures at EC 9.7320, the staff report <br />is made available seven days prior to the public hearing, to allow citizens an opportunity to review the <br />staff analysis of the application. The staff report provides only preliminary information and <br />recommendations. The Hearings Official will consider additional public testimony and other materials <br />presented at the public hearing before making a decision on the application. Pursuant to EC 9.7330, the <br />Hearings Official's written decision on the application is made within 15 days from the close of the public <br />record, following the public hearing. The quasi-judicial hearing procedures applicable to this request are <br />described at EC 9.7065 through EC 9.7095. <br />Referrals/Public Notice <br />On September 18, 2015, staff provided information concerning the application to other appropriate City <br />departments, the Oregon Department of Transportation (ODOT), public agencies, and the affected <br />neighborhood group (West Eugene Community Organization). Referral comments were received from the <br />City's Public Works Department. The neighborhood did not respond. <br />Staff mailed notice of the proposed zone change to the Oregon Department of Land Conservation and <br />Development (DLCD) on September 30, 2015. On October 1, 2015, staff also mailed public notice of the <br />proposed zone change and the hearing date to owners and occupants within 500 feet of the subject <br />property. Up to this point, no additional testimony has been received. <br />Zone Change Evaluation <br />EC 9.7330 and EC 9.8865 require the Hearings Official to review an application for a zone change and <br />consider pertinent evidence and testimony as to whether the proposed change is consistent with the <br />criteria required for approval, shown below in bold typeface. Staff's findings in response to each of the <br />criteria are provided below, to assist the Hearings Official in making a decision on the zone change <br />request. <br />EC 9.8865(1): The proposed zone change is consistent with applicable provisions of the Metro Plan. <br />The written text of the Metro Plan shall take precedence over the Metro Plan diagram where <br />apparent conflicts or inconsistencies exist. <br />The Metro Plan designates the subject property as Commercial, and the proposed C-2 zoning is consistent <br />with this designation. Staff finds no policies from the Metro Plan to be mandatory approval criteria; <br />regardless, it appears that the Metro Plan's policy direction would support the proposed zone change. <br />Based on these findings, the criterion is met. <br />EC 9.8865(2): The proposed change is consistent with applicable adopted refinement plans. In the <br />event of inconsistencies between these plans and the Metro Plan, the Metro Plan controls. <br />The South Willamette Subarea Study is the applicable adopted refinement plan for the area of the <br />proposed zone change. In general, the plan acknowledges and supports the Metro Plan designations for <br />Vance, Eric & Cork, Dona (Z 15-9) October 2015 2 <br />HO Agenda - Page 2 <br />