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Home My WebLink AboutHearing Notice 9-21-16 PUBLIC HEARING NOTICE Eugene Hearings Official Wednesday, September 21, 2016 – 5:30 p.m. Harris Hall – Lane County Public Service Building 125 East 8 th Avenue, Eugene, Oregon 97401 You are receiving this notice so that you will have a chance to comment on land use changes being proposed in your area. This information is being sent to you because you are already listed as an interested party, own/occupy property near the subject property, or are otherwise entitled to notice. You may also want to share this information with others in your neighborhood. Application Details File Name/Number: Laurel Ridge (Z 15-5) Request: Zone change from AG Agricultural with /WR Water Resources Conservation overlay to R-1 Low Density Residential and PRO Parks Recreation and Open Space with /PD Planned Unit Development and /WR Water Resource Conservation overlays. Applicant/Owner: Steve King, Environ-Metal Properties, LLC Applicant’s Representative: Richard Satre, Schirmer Satre Group th Location: End of Riverview Street, north of 30 Avenue, west of Moon Mountain Assessor’s Map/Tax Lots: Map: 18-03-10-00 / Tax Lots: 701 and 703 Lead City Staff: Erik Berg-Johansen, Assistant Planner Telephone: (541) 682-5437 E-mail: erik.berg@ci.eugene.or.us Background The Laurel Ridge zone change application (Z 15-5) was originally submitted on May 27, 2015. An initital public hearing was held on August 26, 2015, and the zone change was conditionally approved by the Eugene Hearings Official on September 24, 2015. On October 6, 2015, Weltzin (Bill) Blix filed an appeal on behalf of the Laurel Hill Valley Citizens (LHVC) neighborhood group. The appeal was focused on the location of the boundary line between the proposed Low-Density Residental zoning and Park, Recreation and Open Space zoning. On October 20, 2015, the Eugene Planning Commission held a public hearing on the appeal, and concluded their deliberations on October 26, 2015. The Planning Comission agreed with the Hearings Official’s decision and affirmed the zone change approval on October 29, 2015. Both sides appealed the Planning Commission’s decision to the Oregon Land Use Board of Appeals (LUBA). In that appeal, LUBA decided to send the case back (or “remand”) to the City to allow the Hearings Official to consider certain maps that he allegedly declined to consider because he believed those maps were enlargements of a digital version of the Metro Plan (as opposed to enlargements of the 11x17 printed paper copy, which is the “official” version). LUBA also determined that where multiple map reference points (also knowns as referents) are available, the Hearings Official should consider them. Examples of reference points are street right-of-ways, intersections and surveyed property boundaries. The public hearing scheduled before the Hearings Official for September 21, 2016 is to provide the public an opportunity to submit evidence and argument following LUBA’s remand decision. Scope of the Remand Hearing Based on LUBA’s remand, the record will be re-opened to accept evidence related to the question of whether the applicant’s proposed zoning boundary between Low Density Residential and Parks and Open Space is consistent with the Metro Plan. In other words, the record will be limited, so only information or evidence related to the boundary location will be considered by the Hearings Official. th The record before LUBA included information regarding several referents (a portion of East 30 Avenue and the City limits line). The applicant relied on only one referent. To the extent the parties were under the mistaken belief, prior to LUBA’s decision, that they could not rely on multiple referents, it is appropriate to re-open the record to allow the parties and other interested individuals to present evidence based on other reliable referents that were not provided in the initial proceedings. Following the Hearings Official’s decision on remand, the application may be appealed to the Planning Commission. Further information about the specific proposal and the public hearing process is provided below. Approval Criteria The applicable zone change approval criteria are addressed at Section 9.8865 of the Eugene Code. The th Eugene Code is available to view at the Eugene Planning Division, 99 West 10 Avenue or online at http://www.eugene-or.gov/citycode Applicable adopted plans include the Eugene-Springfield Metropolitan Area General Plan (Metro Plan) and the Laurel Hill Plan. The Hearings Official’s decision whether or not to approve the applicant’s request will be based on compliance with the applicable approval criteria. How to Comment on the Proposal 1. Send a written statement to the Hearings Official, c/o Erik Berg-Johansen, Assistant Planner, Eugene Planning Division, 99 West 10th Avenue, Eugene OR 97401 or via email at erik.berg@ci.eugene.or.us. Otherwise, written testimony may also be submitted at the public hearing. 2. Attend the public hearing and state your concerns. At the hearing, the Hearings Official will ask for any testimony which supports the request, any neutral testimony, and any any testimony in opposition to the request. Additionally, you can contact your neighborhood association. This application falls within the boundaries of the Laurel Hill Valley Citizens neighborhood. To obtain contact information for the neighborhood association, call the City’s Neighborhood Services Office at 541-682-6243. However, please note that alerting your neighborhood association does not mean your comments will be automatically entered into the record. The Hearings Official will issue a written decision on the application, subsequent to the public hearing and closure of the public record, in accordance with procedural requirements of the Eugene Code. The Type III application procedures will be followed for this remand process. Keep in mind that failure to raise an issue at the public hearing, in person or by way of written testimony, or failure to provide statements or evidence with sufficient specificity to enable the Hearings Official to respond to the issue, precludes an appeal based on that issue. Only those issues raised by testimony, oral or written, as part of the initial hearing process may be raised in subsequent appeals (to the Eugene Planning Commission, then to the State Land Use Board of Appeals). Additional Information The full record of materials, including the application, approval criteria, and decision documents are available for inspection at the Planning Division at no charge; the documents are also available online at the link below, and hard copies can be obtained at a reasonable cost. The staff report will be available to view at no charge after 3 p.m. on September 14, 2016, at the Planning Division or online at: http://pdd.eugene-or.gov/LandUse/SearchApplicationDocuments?file=Z-15-0005. Copies of the staff report may also be obtained at a reasonable cost. If you have issues accessing the application documents dissucssed above, or have questions, comments or concerns about the proposal, call or write to Erik Berg-Johansen, Assistant Planner, City of Eugene Planning Division, (541-682-5437, erik.berg@ci.eugene.or.us) before the date of the public hearing. The Planning Division is located at 99 West 10th Avenue, Eugene, OR 97401. Laurel Ridge (Z 15-5) 18-03-10-00/00701 & 00703 ChangeinzoningfromAG/WRAgriculturalwithWaterResourceoverlay toR1/PD/WRandPRO/PD/WRLowDensityResidentialandParksRecreation andOpenSpacewithPlannedUnitDevelopment andWaterResourceoverlays. Feet 01,000500 Current Zoning AG Agricultural R-1 Low-Density Residential SubjectSite