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HomeMy WebLinkAboutDecisionDECISION OF THE HEARINGS OFFICIAL FOR THE CITY OF EUGENE, OREGON ZONE CHANGE REQUEST Applicant/File Name (Number): Eugene School District 4J/Eugene 4J (Z 22-11) Application Summary: Request for zone change for property located at 148 W Hilliard Lane (Assessor's Map / Tax lot 17-04-24-23 / 02000) from R-1 Low-Density Residential to PL Public Land Applicant's Representatives: Kristen Taylor and Zach Galloway, TBG Architects & Planners Lead City Staff: Nicholas Gioello, Associate Planner The following findings and conclusions are based upon testimony presented at the public hearing held on November 16, 2022, and all documents in the Eugene City planning file for the Eugene School District 4J zone change request as of the close of the record on November 30, 2022. Conclusion: The applicant's request for a zone change for the subject property is approved. DISCUSSION AND FINDINGS: A. Background The applicant submitted a request for a zone change for the property to the City on July 6, 2022. The city deemed the application complete on September 27, 2022. Following public notice, a public hearing was held on November 16, 2022. The public hearing began with the hearing officer's explanation of the statutory and local procedural requirements for the hearing.' Associate Planner Nicholas Gioello then provided a summary and analysis of the application. Zach Galloway then presented testimony on behalf of the applicant and indicated the applicant's agreement with the staff report. Two individuals then provided public testimony opposing the proposed zone change; one of those individuals requested that the record be left open to allow for additional public testimony. Following staff comment and applicant rebuttal, which included testimony regarding the potential future use of the property, the record was left open until November 23, 2022 for additional new testimony; until November 30, 2022 for responsive testimony; and until December 7, 2022 for the applicant's rebuttal. No written testimony was ' The hearing official stated that she has had no ex parte contacts regarding the application and has no personal or financial interest in the subject property or the proposed zone change. Hearings Official Decision (Z 22-11) submitted during the first or second open record periods, and on November 29, 2022 the applicant waived its rebuttal period. Based on the applicant's waiver of its rebuttal period, the record closed on November 30, 2022. Discussion The subject property includes a .11-acre parcel, located at 148 W Hilliard Lane. The property is zoned R-1 Low Density Residential and is developed with a single-family residential dwelling. The property is surrounded by R-1 zoned and developed residential properties to the west and across Hilliard Lane to the north; and by the existing River Road/El Camino del Rio Elementary School, zoned PL and designated Government and Education, to the east and south. The applicant requests a zone change from R-1 Low Density Residential to PL Public Lands in order to use the subject property for accessory uses associated with the adjacent elementary school. As noted, two individuals testified in opposition to the requested zone change based primarily on existing parking and transportation issues, and the potential increased parking and traffic that could be generated from the future use of the property, as well as the need for existing housing. While the applicant provided testimony regarding the applicant's intended future use of the property, no development is proposed through this zone change request. To the extent the concerns relate to the future use of the site, the comments do not relate to the zone change approval criteria. As relevant to the use, the zone change criteria require only that the proposed use be consistent with Public Uses, as defined under EC 9.2682(1)(b). The applicant's proposed use of the site for accessory uses associated with the adjacent elementary school is consistent with uses allowed in the PL Public Use zone. For questions related to the use outside the zone change criteria, the commenters are encouraged to contact the applicant or city staff regarding potential future development. To the extent the testimony relates to the potential traffic generated under uses allowed in the PL Public Land zone, Eugene's Metro Plan's Transportation System Plan (2035 TSP) requires compliance the Transportation Planning Rule (TPR) under Statewide Planning Goal 12. As explained in the staff report, the City's 2035 TSP did not contemplate PL zoned property at this site; and densities allowed under the proposed PL zone may generate more traffic than uses assumed under the current Metro Plan Low Density Residential designation. Accordingly, the applicant was required to submit a Transportation Analysis to determine whether the projected trip generation from the most intensive use permitted in the PL zone satisfies the 2035 TSP. As fully evaluated in the staff report and in the Public Works Engineering staff review of the applicant's analysis, the applicant has demonstrated that the increased traffic that could be generated by the highest potential trip generator in the PL zone would comply with the performance standards identified in the 2035 TSP. Specifically, the staff report explains: "With the proposed PL zone and the need to provide on-site parking, potential uses are limited to those that can realistically function within a 1,500-square-foot building. The highest potential trip generators in the PL zoning designation include ballet, dance, martial arts, gymnastic schools/academies/studios, and day care Hearings Official Decision (Z 22-11) 2 facilities. Based on a review of the Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition Manual data, a daycare facility has the highest PM peak hour trip generation rate and is considered the worst-case scenario for this site. The analysis found the proposed PL zoning has the potential to generate an additional 49 daily trips and 15 PM peak hour trips when compared to the current zoning with a residential triplex on the site. Public Works Engineering staff reviewed the submitted analysis and concurs the applicant has accounted for the increase in traffic over the appropriate planning horizon and properly evaluated impacts to street classification and mobility performance standards as required by this rule. Public Works concurs with the consultant's methodology, transportation analysis and findings of no significant affect and confirms the increased number of vehicle trips in a worst-case scenario of possible development generated by the proposed zone change does not degrade the performance of an existing or planned transportation facility such that it would not meet the performance standards identified in the 2035 TSP." Based on its evaluation of the most intensive uses permitted in the PL zone at this site, the applicant has demonstrated that the zone change from R-1 Low Density Residential to PL Public Lands complies with the state TPR and the City's 2035 TSP. In all other respects, the staff report reviews the requested zone change for compliance with each of the applicable approval criteria and recommends findings of compliance with each of those criteria.2 The Hearing Official finds that the staff report correctly evaluates the requested zone change against each of the applicable approval criteria and adopts and incorporates the staff report analysis and findings as the basis for this decision. DECISION Based on the analysis and findings of the staff report as supplemented by these findings, the Hearings Official APPROVES the application for a zone change for the property located at 148 W Hilliard Lane from R-1 Low-Density Residential to PL Public Lands. 2 As the staff noted during the public hearing, the final paragraph of the staff report omitted the word "not" with regard to compliance with OAR 660-012-0060(1). As incorporated here, the staff report is revised to reflect the following correction: As the applicant has not requested an amendment of the Metro Plan designation, and the proposed PL (Public Land) zoning does not "significantly affect" the acknowledged 2035 TSP, the applicant has demonstrated that the proposed zone change does not significantly affect a planned transportation facility, and thusly satisfies OAR 660-012-0060(1) and further review of subsections (2) through (11) is not required. Based on these findings, the proposed PL zone change complies with the Transportation Planning Rule. (Correction emphasized.) Hearings Official Decision (Z 22-11) 3 Virginia Gustafson Lucker Hearings Official Dated this 1 st day of December, 2022. Mailed this day of December, 2022. SEE NOTICE OF HEARINGS OFFICIAL DECISION FOR STATEMENT OF APPEAL RIGHTS Hearings Official Decision (Z 22-11) 4