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HomeMy WebLinkAboutApplication MaterialsSCHIRMER SATRE GROUP Planners, Landscape Architects and Environmental Specialists th 375 West 4 Avenue, Suite 201, Eugene, Oregon 97401 (541) 686-4540 • Fax (541) 686-4577 • www.schirmersatre.com TRANSMITTAL TO:City of Eugene DATE: May 15, 2015 Planning and Development Dept. PROJECT: LaurelRidge Residential Planning Division Planned Unit Development th 99 West 10 Avenue Zone Change CLIENT PROJ #: Eugene, OR 97401 ATTN: SSG PROJ #: 1104 TRANSMITTED: DISPOSITION: Herewith X For Your Approval Separate Cover For Your Information/Use X Other For Reply TRANSMITTED: # Copies Item Dated No. Pages (In addition to this cover page) 3 paper copies and one CD of a: Zone Change Application Packet Various Dates Several REMARKS: This Zone Change Application packet is hereby submitted on behalf of the applicant, Environ-Metal Properties LLC. The submittal package includes: 1. Application Fee. 2. Application Form. 3. Second Tax Lot Owner Authorization. 4. Written Statement. 5. Exhibit A – Legal Description. 6. Exhibit B – Copy of Prior Land Use Decision. 7. Exhibit C – Copy of Adopted 2004 Metro Plan Diagram. 8. Exhibit D – Copy of Public Records Request. 9. Exhibit E – Copy of Annexation Decision. 10. Exhibit F – Zone Change Mapping Methodology 11. Exhibit G – Zone Change Maps. We look forward to your assistance with the project. Don’t hesitate to contact us should you have any questions or need any additional information. Thank you. COPIES TO: BY: Agency File X Consultant Team X Owner X Other Richard M. Satre, AICP, ASLA, CSI May 15, 2015 LAURELRIDGE Zone Change Application Map 18-03-10-00, Lots 701 and 703 WRITTEN STATEMENT In accordance with City of Eugene Zone Change Application submittal requirements, this written statement describes the proposed change in zoning and demonstrates that the proposal complies with the criteria contained in EC 9.8850-9.8865. I. LAND USE REQUEST A. Introduction The land use request is for approval of a change in zoning from the property’s current base zone of Agricultural (AG) with an overlay zone of Water Resources Conservation (/WR) to either a new base zone of Low Density Residential (R-1) with an overlay zone of Planned Unit Development (/PD) and Water Resources Conservation (/WR) or a new base zone of Park, Recreation and Open Space (PRO) with an overlay zone of Planned Unit Development (/PD) and Water Resources Conservation (/WR) depending on location. The specific arrangement of requested zoning is as follows. Assessor’s Map Tax Lot Acres Existing Zoning Proposed Zoning 18-03-10-00 00701 92.36 AG/WR R-1/PD/WR 6.01 AG/WR PRO/PD/WR 18-03-10-00 00703 8.85 AG/WR R-1/PD/WR 14.46 AG/WR PRO/PD/WR The specific location is shown on the enclosed plans. The subject property (Map 18-03-10-00, Lots 701 and 703) was annexed to the city of Eugene in 2007 (File C EU 07-37). At the time, the zoning designation was not changed. To position the property for possible future development a key initial step is to follow through with a zone change. B. Project Directory 1. Owner / Applicant Steve King Environ-Metal Properties LLC PO Box 779 Sweet Home, OR 97386 Office: 541-367-3522 Fax: 541-367-3552 Email:skplaytime@cs.com 2. Applicant’s Representative Richard M. Satre, AICP, ASLA, CSI, Principal Schirmer Satre Group th 375 West 4 Avenue, Suite 201 Eugene, OR 97401 Office: 541-686-4540 Fax: 541-686-4577 Email:rick@schirmersatre.com LaurelRidge Page 2 of 11 Zone Change Application – Written Statement May 15, 2015 II. THE SITE AND EXISTING CONDITIONS A. Development Site The development site is comprised of two tax lots – Map 18-03-10-00, Lots 701 (98.37 acres) and Lot 703 (23.31 acres). It is located in the southeast area of Eugene, in what is known as the Laurel Hill or Laurel Hill Valley neighborhood. Laurel Hill Valley is a modest-sized north-facing area in the east hills of Eugene. To the west of Laurel Hill Valley is Hendricks Hill. To the east is Moon Mountain. Near the center of Laurel Hill Valley is a small hill referred to as Laurel Hill. Laurel Hill Valley was an area of early settlement in the region. This gentle north-sloping valley overlooks and drains to the Willamette River, a short distance to the north. The LaurelRidge property itself is located along the southern edge of Laurel Hill Valley and includes a portion of the Laurel Hill Valley/Moon Mountain ridgeline. TL 701 TL 703 Subject Property With City Limits and UGB Urban Growth Boundary Bing Maps 2010 City Limits Subect Site j Property surrounding the site is a combination of vacant and developed area, in private and public ownership. To the north of the property is a combination of vacant, developed and planned-but-not-yet-developed residential property. To the east is property outside the Eugene- Springfield Urban Growth Boundary (UGB) and designated Forest Land. To the south, on the ridgeline proper, is area designated Parks and Open Space, with additional Forest Land further 1 south. West of the subject site is city-owned park land with city-owned right-of-way and low density residential development further to the west. The property ranges in elevation from a low of 560 feet in a drainage way near the northwest corner to a high of nearly 950 feet on a knoll near the southeast corner. The property is primarily vegetated with a mixture of coniferous and hardwood cover and open areas. 1 While the subject property (Lot 701 and Lot 703) is inside the city limits (and Urban Growth Boundary (UGB)), property to the east and south is outside the boundary. The UGB more or less, but not exactly, follows the ridgeline, being coincident with a portion of Lot 701 east property line and Lot 703 south property line. Area inside the UGB is governed by the City of Eugene. Area outside of the UGB is governed by Lane County. Schirmer Satre Group 375 West 4 th Avenue, Suite 201, Eugene, OR 97401 (541) 686-4540 LaurelRidge Page 3 of 11 Zone Change Application – Written Statement May 15, 2015 B. Planning Context The LaurelRidge property has a split Metro Plan land use designation of Low Density Residential 23 (LDR) and Parks and Open Space (POS), is currently zoned Agricultural (AG) and is undeveloped. The property is subject to the Eugene-Springfield Metropolitan Area General Plan (Metro Plan), the Laurel Hill Refinement Plan, the South Hills Study and the Eugene Code, in particular Chapter 9 which governs land use. C. Additional Existing Conditions Information Deemed Pertinent to the Zone Change 1. Property Annexation Decision, October 4, 2007 The subject property (Tax Lot 701 and Tax 4 Lot 703) was annexed to the City of Eugene in 2007 (File C EU 07-37, Final Order 1318, Approved October 4, 2007 and Effective November 19, 2007). The annexation request was to include property between the then-current city limits and the Urban Growth Boundary (UGB). The annexation was routine except for the need to define the specific location of the UGB. Eugene, Lane County and the property owner worked together and ultimately agreed on a UGB location. Two of the Findings within the Final Order that are pertinent at this time include: #5. The land use designation for the annexation area was low density residential in the Eugene-Springfield Exhibit B Annexation C EU 07-37 Metropolitan Area General Plan (Metro Illustrating Agreed Upon UGB Location Plan). #17. The City of Eugene indicated that the required services outlined in Metro Plan Policy 8, page II-C-4 and defined on page V-3 were either available or could be provided in a timely manner. Relevant to this Finding regarding service provision, Metro Plan Policy 8 on page II-C- 4 states that: “Land within the UGB may be converted from urbanizable to urban only through annexation to a city when it is found that: a. A minimum level of key urban facilities and services can be provided to the area in an orderly and efficient manner.” (Emphasis added.) Further, the Metro Plan on page V-3 defines key urban facilities and services as including: 2 The adopted Metro Plan Diagram is not tax lot specific, nor are the boundaries between different land use designations. 3 The property was annexed to the city of Eugene in 2007. The zoning was not changed at that time and thus remains Agricultural (AG). Zoning will need to be changed either before or concurrent with development approval. Given a Metro Plan designation of Low Density Residential (LDR) and Parks and Open Space (POS), changing the zoning to a base zone of Low Density Residential (R-1) and Parks, Recreation and Open Space (PRO) is appropriate. 4 At the time of the annexation Tax Lot 703 was part of a larger Tax Lot 702. Following the annexation, Tax Lot 703 was partitioned from 702 to its current configuration. Schirmer Satre Group 375 West 4 th Avenue, Suite 201, Eugene, OR 97401 (541) 686-4540 LaurelRidge Page 4 of 11 Zone Change Application – Written Statement May 15, 2015 “Minimum level: Wastewater service, stormwater service, transportation, solid waste management, water service, fire and emergency medical services, police protection, citywide parks and recreation programs, electric service, land use controls, communication facilities, and public schools on a district-wide basis (in other words, not necessarily within walking distance of all students served).” (Emphasis added.) Regarding transportation, the public record attached to the annexation decision includes the following: In a letter to the Boundary Commission, the Laurel Hill Homeowner’s Association (representing Hendrick’s Hill PUD) stated their understanding of available transportation connections. An excerpt from that letter is as follows: th “Transportation connections are identified through 30 Avenue at Spring Blvd, Bloomberg Road to the south, East Ridge development to the Northeast and an as yet undeveloped right-of-way Everglades Street to the north and west.” The homeowner’s only objection was the prospect of connecting to Everglade Street. They stated no other concerns. The Boundary Commission, in its staff notes (page IV-A-6) addressed transportation connectivity as follows: “The portion of the property within the urban growth boundary (e.g., the proposed th annexation) is adjacent to the 30 Avenue right-of-way in an area where previous embankment failures have resulted in slides that were repaired under contract by Lane County. During the slide repair project, Lane County used the subject property consistent with an agreement with the property owner (McDougal Brothers Investments). The agreement included provisions for receiving a facility th permit for a future public street intersecting with 30 Avenue and for meeting the City of Eugene’s street standards.” In summary, the annexation decision clarified the UGB location, acknowledged the LDR Metro Plan designation and reiterated the Lane County agreement to issue a facility th permit for a future public street connecting to 30 Avenue at Spring Blvd. 3. Utility Availability and Capacity Analysis a. Water The water system installed for this site will need to be looped. The preferred connection points are the Laurel Hill Water Reservoir (approximately 575 feet north of the site) and a 12-inch diameter water main that exists near the north boundary of the site near a fire hydrant near the end of Everglade Avenue. Those areas of the site above approximately 750 feet elevation receiving water from this direction will need a pump station. An easement will need to be obtained from one of the two properties between the site and the reservoir to make a connection possible; since both properties are owned by the City this is not likely to be a significant difficulty. In addition, EWEB has installed a water main along the north side of 30th Avenue from th its terminus at the north end of Spring Blvd at the Spring Blvd overpass at 30 Ave. This water main will be available at the southwestern boundaries of Lot 701 and to Lot 703. EWEB indicates that this new line will serve property to an elevation of 875 feet w/o pumping. b. Electric Schirmer Satre Group 375 West 4 th Avenue, Suite 201, Eugene, OR 97401 (541) 686-4540 LaurelRidge Page 5 of 11 Zone Change Application – Written Statement May 15, 2015 Electric service to the site will need to be looped. The existing regional transmission lines in the eastern portion of the property and running diagonally across the northwest portion of the property are not accessible for service to this site. A feeder vault exists approximately 420 feet south of the Laurel Hill Water Reservoir. This vault has 12kV and three phase power. A second feeder vault exists near the south line of the property approximately 600 feet from the eastern property line. This vault also has 12kV and three phase power. In addition there is an existing five-inch conduit in Riverview Street approximately 550 feet north of the north property line (in Hendrick's Hill subdivision). EWEB's preferred method of providing power to this site is to extend power from either of the vaults to two separate switches. These switches would then be used to create a looped feed through the development to the conduit in Riverview Street. Creating a looped system between one of the vaults and the conduit in Riverview Street will increase redundancy, and therefore reliability, by connecting the site to electricity from two unique sources instead of one as would happen if both vaults were used to create a loop. A connection can be made to Riverview Street without needing an easement. One other facility exists in the neighborhood. The electric distribution system in Hendrick's Hill Drive could be extended to provide limited (10-20 dwelling units) service to this site. This system has approximately 7.2kV and one single phase. c. Sanitary Sewer The site is located in the Laurel Hill wastewater basin. City GIS mapping shows two eight-inch diameter sanitary sewer lines in the Hendrick's Hill subdivision ending at or near the property line. These are the only sanitary sewer facilities directly accessible by the site. The city is not aware of any capacity concerns downstream of these eight-inch lines. These two separate sanitary sewer mains could be extended through the site using both of the eight-inch diameter pipes available. Approximately half of any future dwellings on the property would be connected to each of the mains. d. Storm Drainage The site is located in the Riverview-Augusta stormwater sub-basin of the Laurel Hill stormwater basin. It appears that a portion of the site may also be located in the Willamette River Basin. A number of surface drainageways exist on the site, exiting to the north. All of these have been designated as Headwaters Streams. In addition to the surface drainageways, a 12-inch storm pipe exists on the east side of Hendrick’s Hill subdivision which could be extended approximately 60-feet to the site. e. Natural Gas Northwest Natural Gas shows that two two-inch lines exist in Hendrick's Hill Drive. The two-inch mains in Hendrick's Hill Drive have adequate capacity for this site. It is not expected that any support stations will be needed to provide service. Provision of natural gas to the property will depend largely on how many residences and how many mechanical devices (heat system, water heater, etc) in each residence will be served. Schirmer Satre Group 375 West 4 th Avenue, Suite 201, Eugene, OR 97401 (541) 686-4540 LaurelRidge Page 6 of 11 Zone Change Application – Written Statement May 15, 2015 Area near Hendrick’s Hill PUD Area near east end of Tax Lot 701 Showing referenced utility connections Showing referenced utility connections Conclusion: The site can be served by the extension of key urban facilities and services. III. ZONE CHANGE – APPROVAL CRITERIA AND SUPPORTIVE FINDINGS The subject property consists of 121.68 acres at the south end of the Laurel Valley, near the city limits and the UGB. The property has a history of one failed application for a zone change and tentative PUD approval. The application was denied by the Hearing Official, and that decision was 5 affirmed by the Planning Commission, LUBA, and the Court of Appeals. A compilation of those decisions appears as Exhibit B. This application seeks Low Density Residential (R-1) zoning for that portion of the property that is designated Low Density Residential (LDR) in the Metro Plan and Parks, Recreation and Open Space (PRO) zoning for that portion of the property which is designated Parks and Open Space (POS). The denial of the first application was based on the fact that the rezoning request and the development proposal were premised on the assumption that all of the site is plan designated LDR. The ultimate conclusion of the City was that some portion of the site is plan designated Parks and Open Space (POS). EC 9.7330 and 9.8865 require the Hearing Official to review an application for a zone change and bold determine whether the criteria for approval, as shown in below, are met. To facilitate review, this narrative is formatted as closely as possible to the Staff Report supporting rezoning in the matter of the Lathen Trust rezoning decision (Z 14-4, ST 14-6, ARA 14-15)(Nov. 26, 2014). 9.8865 Zone Change Approval Criteria. Approval of a zone change application, including the designation of an overlay zone, shall not be approved unless it meets all of the following criteria: (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. Finding: The following Metro Plan Diagram and Text elements apply: METRO PLAN DIAGRAM The most recently adopted Metro Plan Diagram was adopted as part of Ordinance No. 201319 (April 21, 2004). That ordinance adopted wholesale amendments to the plan 5 See Hearing Official Decision, Z 12-2, PDT 12-2, TIA 12-6, SDR 12-15 (Sept. 17, 2013), Eugene Planning Commission (Oct. aff’d th 14, 2013), , __ Or LUBA __ (LUBA No. 2013-098, Jan. 29, 2014) aff’d Environ-Metal Properties, LLC v. City of Eugene,aff’d 263 Or App 714 (A156190, June 11, 2014). without opinion Schirmer Satre Group 375 West 4 th Avenue, Suite 201, Eugene, OR 97401 (541) 686-4540 LaurelRidge Page 7 of 11 Zone Change Application – Written Statement May 15, 2015 text and a revised Diagram. The applicant requested, as a public record, a copy of the originally filed ordinance. That public record request is attached hereto as Exhibit D. The Diagram associated with the ordinance is labeled Exhibit C in the ordinance and carries a date of April 8, 2004. It is attached hereto as Exhibit C. It is this Diagram that is the touchstone for consistency. The Metro Plan Diagram is at a Metropolitan scale (about 1”=7000’). LUBA explained that at this location the Metro Plan Diagram is not parcel-specific. “The 2004 Metro Plan Diagram, on the other hand, is derived from a digital database and, while still small scale and not parcel-specific in the area of the subject property, the 2004 map depicts more streets and linear features than its predecessors, and the edges between plan designations are somewhat crisper.” Slip op 6. LUBA also explained that the Diagram is sufficiently detailed to show that some part of the subject property is designated POS. “To the extent the refinement plan map can be understood to indicate that the subject property proposed for rezoning to R-1 is entirely designated LDR, the refinement plan map conflicts with the 2004 Metro Plan Diagram, which includes sufficient referents to allow the city to determine that some portion of the subject property is designated POS.” Slip op 11. The task, therefore, is to transpose the LDR/POS boundary line, as it appears on the Diagram, to the surveyed boundaries of the subject property. Staff, in consultations after the Round I litigation, has been very directive that the task must be accomplished using information on the plan Diagram. There are two referents to work with that can be located definitively on the Diagram that th can be transferred to the surveyed site plan. One is the location of 30 Avenue at the west edge of the subject property. The other is the north arrow indicator on the Diagram. The applicant has used these two referents to locate the POS/LDR boundary on the subject property. The exact methodology used is documented in detail by the supporting memorandum of the applicant’s representative, a certified planner (AICP Certificate No. 019606) and licensed landscape architect (Oregon License No. 84), which appears as Exhibit F. To summarize the methodology explained in detail in Exhibit F, the applicant followed the suggestion of staff, in the initial proceeding, and the suggestion of LUBA in the initial th appeal, and scaled up the 2004 Diagram and then registered it to the 30 Avenue and the north arrow referents on the diagram. The resulting LDR/POS boundary line is shown on the enclosed graphic printed at the original scale of the site plan and appears as Exhibit G. The applicant is requesting R-1 zoning for all parts of the subject property that appear as LDR and all parts that appear as POS on the Metro Plan Diagram. These areas, and their acreages are shown on Exhibit G. The location of the boundary line is a question of law, because the line is a part of the plan, and the meaning of the plan is a question of law. Knutson Family LLC v. City of Eugene, 200 Or App 292, 114 P3d 1150 (2005) (June 22, 2005)(“[T]he critical issues in Schirmer Satre Group 375 West 4 th Avenue, Suite 201, Eugene, OR 97401 (541) 686-4540 LaurelRidge Page 8 of 11 Zone Change Application – Written Statement May 15, 2015 this case are the relationship between the Metro Plan and the WAP and the methodology for determining the plan designation of the subject property. Contrary to petitioners' assertions, those are not questions of fact but are legal issues that are governed by the plans themselves.”) If the City ultimately concludes that the correct location of the boundary line is in a different location, the city will need to document how it reached that conclusion and articulate their methodology. The applicant requests R-1 zoning for all land that the City determines is LDR and PRO zoning for the remainder. METRO PLAN TEXT Residential Land Use and Housing Element Looking to the Metro Plan policies, the following policy appears relevant, as reflected in the recent Lathen Trust rezoning decision (Z 14-4, ST 14-6, ARA 14-15)(Nov. 26, 2014). Metro Plan A.2. Residentially designated land within the UGB should be zoned consistent with the Metro Plan and applicable plans and policies; however, existing agricultural zoning may be continued within the area between the city limits and the UGB until rezoned for urban uses. Finding: Although this policy is not a mandatory approval criterion for the zone change, because it is qualified by “should,” the requested zone change fulfills this policy. Based on the findings above, the proposed zone change is consistent with applicable provisions of the Metro Plan. Criterion (EC 9.8865(1)) is met. (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. Finding: The proposal’s applicable adopted refinement plan includes The Laurel Hill Plan (1974 amended 1982). The property is also subject to the South Hills Study (1972), which covers a larger area with plan text but no plan diagram. These are addressed below. LAUREL HILL PLAN DIAGRAM The Laurel Hill Plan Diagram is not a standard for determining consistency for this rezoning because the city found that the refinement plan Diagram conflicts with the Metro Plan Diagram. See Planning Commission decision at Page 3. LUBA affirmed this finding. See LUBA opinion at Page 10. LAUREL HILL PLAN TEXT The text of the refinement plan does not contain any policies that establish substantive standards for zone changes. SOUTH HILLS STUDY TEXT The South Hills Study is a policy plan intended to protect the South Hills as a visual resource. Although the plan was prepared in the early 1970’s, it was subsumed into the initial Metro Plan as a Goal 5 plan intending to designate the South Hills area as a visual resource area, where development would be limited in order to limit conflicting uses. The primary substantive limitation in the plan to limit conflicts with the visual Schirmer Satre Group 375 West 4 th Avenue, Suite 201, Eugene, OR 97401 (541) 686-4540 LaurelRidge Page 9 of 11 Zone Change Application – Written Statement May 15, 2015 resource is a five unit per acre density cap for all land east of Friendly Street. The primary development review process to implement the development limitations is the Planned Unit Development process. The PUD process is required for development proposals on larger lots, steeper slopes, and higher elevation land. This site will require PUD review for development. For a summary of the status of the South Hills Study as a Goal 5 plan see: Home Builders Assn. of Lane County v. City of Eugene, 41 Or LUBA 370, 431(2002); Southeast Neighbors Neighborhood Assn. v. City of Eugene, __ Or LUBA __ (LUBA No. 2013-004, July 12, 2013, aff’d without opinion, 259 Or App 139 (A154841, Oct. 24, 2013) (“The entire property is included on the city’s inventory of significant resources under Statewide Planning Goal 5 (Natural Resources, Scenic and Historic Areas, and Open 19 Spaces) * * * *” The key point to emphasize here is that because this area, like the balance of the south hills, is inventoried as a Goal 5 scenic resource, a density cap of 5 units per acre will apply. These findings demonstrate that this criterion (EC 9.8865(2)) is met. (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. Finding: The South Hills Study limits density to five units per acre in this part of the city. Key urban facilities and services have been evaluated in connection with the recent annexation of the subject property, which confirmed that wastewater, stormwater, streets, solid waste, water and electric, public safety, parks and recreation, planning and development services, communications, and public schools can be provided in an orderly, efficient, and timely manner. See Exhibit E, Boundary Commission Final Order 1318, C EU 07-37 (Oct. 4, 2007), and Boundary Commission Staff Report, C EU 07-37 (Oct. 4, 2007). These findings demonstrate that this criterion (EC 9.8865(3)) is met. (4) The proposed zone change is consistent with the applicable siting requirements set out for the specific zone in: 9.2735 Residential Zone Siting Requirements. In addition to the approval criteria of EC 9.8865 Zone Change Approval Criteria, a property proposed for the R-1.5 zone shall not exceed the area needed to accommodate up to 8 rowhouse lots and shall be located at least 500 feet, as measured along existing street public right-of-way, fromany other property zoned R-1.5. Zone changes to R-1.5 are prohibited within the city-recognized boundaries of Amazon Neighbors, Fairmount Neighbors and South University Neighborhood Association. Finding: There are no discrete siting requirements applicable to the R-1 zone at EC 9.2735 Residential Zone Siting Requirements. However, R-1 zoning is appropriate zone for the LDR plan designation. Therefore this standard (EC 9.2735) is met. 9.2610 Park, Recreation and Open Space Zone Siting Requirements. In addition to the approval criteria in EC 9.8865 Zone Change Approval Criteria, the following siting requirements apply: (1) Rezoning the subject site implements park, recreation, open space, or natural resource preservation objectives and policies; or Schirmer Satre Group 375 West 4 th Avenue, Suite 201, Eugene, OR 97401 (541) 686-4540 LaurelRidge Page 10 of 11 Zone Change Application – Written Statement May 15, 2015 (2) The subject site is privately owned, at least 2 acres in size and meets the purpose of this zone and the definition for non-publicly owned open space in EC 9.2620 PRO Zone Terms. (3) The PRO zone shall not be applied to an area on the city’s acknowledged Goal 5 inventory unless it is determined that any change in the level of protection afforded the resource by the PRO zone is consistent with the acknowledged level of protection for the resource. Finding: The subject site is privately owned, the portion proposed for PRO zoning is over 2 acres in size and meets the definition for non-publically owned open space at EC 9.2620 PRO Zone Terms. Therefore, this standard (EC 9.2610) is met. 9.4915 /WR Water Resources Conservation Overlay Zone Siting Requirements. The /WR overlay zone shall be applied to property that: (1) Is not already designated for protection or restoration by the West Eugene Wetlands Plan; (2) Meets the other approval criteria of EC 9.8865; and (3) Includes a Goal 5 Water Resource Site identified for conservation in the Goal 5 Water Resources Conservation Plan or includes land within the /WR Water Resources Conservation Area as described in EC 9.4920. Finding: The subject property contains a Goal 5 site identified for conservation in the Goal 5 Water Resources Conservation Plan (Sites E38C and E38D as noted). Given this, it is appropriate that the /WR overlay zone has been applied to the property and it is appropriate that it remain. (5) In cases where the NR zone is applied based on EC 9.2510(3), the property owner shall enter into a contractual arrangement with the city to ensure the area is maintained as a natural resource area for a minimum of 50 years. Finding: The subject property does not have the /NR zone. Thus, this standard does not apply. These findings demonstrate that this criterion (EC 9.8865(5)) is met. Transportation Planning Rule: Goal 12 Transportation, of the Statewide Planning Goals, adopted by the Land Conservation Development Commission (LCDC), must specifically be addressed as part of the requested zone change, including the amplification of that goal in the Oregon Administrative Rules (OAR), specifically OAR 660- 012-0060(1), which states: (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. This proposed zone change is governed by subsection (9) of section 0060 of the Rule, which reads as follows: (9) Notwithstanding section (1) of this rule, a local government may find that an amendment to a zoning map does not significantly affect an existing or planned transportation facility if all of the following requirements are met. Schirmer Satre Group 375 West 4 th Avenue, Suite 201, Eugene, OR 97401 (541) 686-4540 LaurelRidge Page 11 of 11 Zone Change Application – Written Statement May 15, 2015 (a) The proposed zoning is consistent with the existing comprehensive plan map designation and the amendment does not change the comprehensive plan map; (b) The local government has an acknowledged TSP and the proposed zoning is consistent with the TSP; and (c) The area subject to the zoning map amendment was not exempted from this rule at the time of an urban growth boundary amendment as permitted in OAR 660-024-0020(1)(d), or the area was exempted from this rule but the local government has a subsequently acknowledged TSP amendment that accounted for urbanization of the area. The proposed R-1 zoning is consistent with the existing comprehensive plan designation of Low-Density Residential, and this designation was in effect at the time the acknowledged TSP was adopted (TransPlan 2002). When the TransPlan was adopted, the subject property was designated Low-Density Residential, and that designation has remained unchanged. The subject property was not exempted from the TPR at the time of an urban growth boundary amendment. Thus, OAR 660-012-0060(9) is satisfied. Based on these findings, the proposed zone change does not significantly affect a transportation facility for purposes of the TPR, and, therefore, it complies with the TPR. IV. CONCLUSION AND RECOMMENDATION The above information represents a brief outline of known applicable zoning change requirements for the contemplated project. It presents known physical conditions and contexts. Based on the information and findings contained in this written statement and associated exhibits this proposed LaurelRidge Zone Change application meets the criteria of approval contained in the Eugene Code. Therefore, the applicant requests that the Hearings Official approve the proposal. Both the applicant and the applicant’s representative are available for questions. We look forward to working with staff to ensure this project meets the goals and objectives of the applicant, the city, the neighborhood and the community at large. If you have any questions about the above application, please do not hesitate to contact Rick Satre, AICP, ASLA, CSI, at Schirmer Satre Group, 541-686-4540. Schirmer Satre Group 375 West 4 th Avenue, Suite 201, Eugene, OR 97401 (541) 686-4540 )\LMFMX% ZONE CHANGE Please complete the following application checklist. Note that additional information may be required upon further review in order to adequately address the applicable criteria for approval. If you have any questions about filling out th this application, please contact Planning staff at the Permit and Information Center, phone (541) 682-5377, 99 West 10 Avenue, Eugene. List all Assessor’s Map and Tax Lot numbers of the property included in the request. Please indicate if only a portion of a lot is included in the request and include any additional map and tax lot numbers for subject property. Also, include existing and proposed overlay zoning. Assessor’s Map Tax Lot Acres Existing Zoning Proposed Zoning %+;664(;6 %+;64634(;6 %+;664(;6 %+;64634(;6 2SX%HHVIWWIH Street Address (if available): Existing Use(s) of the Property: :EGERX 9RHIZIPSTTIH 6IWMHIRXMEP4PERRIH9RMX(IZIPSTQIRX Proposed Use(s) of the Property: Is this zone change being reviewed concurrently with another land use application? Yes, application file number: No  Filing Fee A filing fee must accompany all applications. The fee varies depending upon the type of application and is  adjusted periodically by the City Manager. Check with Planning staff at the Permit and Information Center to www.eugeneplanning.org determine the required fee or check website Submittal Requirements Provide 3 paper copies and one CD copy of all application materials (i.e. written statement, site plans, etc.) in pdf format at the time of initial submittal. Please note that it is the applicant’s responsibility to make sure that the CD and paper copies are identical. Following completeness review, an updated CD and additional paper copies may be required. All site plans must be folded to a size equal or less than 11” x 17”. Written Statement A written statement demonstrating how the requested change satisfies the criteria in the Eugene Code, Section  th 9.8865. A list of the criteria is available at the Eugene Permit and Information Center, 99 West 10 Avenue. Please note: it is the applicant’s responsibility to provide adequate information demonstrating how the proposal satisfies the applicable criteria. Failure to provide such information may result in a denial of your application. www.eugene-or.gov/planning Planning & Development Updated: March 2014 Planning Division TH 99 W. 10 Avenue, Eugene, OR 97401 Phone: 541.682.5377 or E-mail: eugeneplanning@ci.eugene.or.us Page 1 of 2