Hearings Official Public Hearings

AGENDA Meeting Location: Phone: 541-682-5377 Sloat Room -- Atrium Building www.eugene-or.gov/hearingsofficial 99 West 10th Avenue The Eugene Hearings Official welcomes your interest in these agenda items. Feel free to come and go as you please at any of the meetings. This meeting location is wheelchair-accessible. For the hearing impaired, FM assistive-listening devices are available or an interpreter can be provided with 48 hours notice. To arrange for these services, contact the Planning Division at (541)682-5481. WEDNESDAY, NOVEMBER 12, 2014 (5:00 p.m.) I. PUBLIC HEARING Jane J. Daniels Lathen Trust (Z 14-4)/COUNTRY HAVEN SUBDIVISION (ST 14-6 AND ARA 14-15) Assessors Map: 17-03-08-00 Tax Lot: 7600, 7601, 7602 Assessors Map: 17-03-08-31 Tax Lot: 1500 Location: 3825 Gilham Road Request: Zone change, tentative subdivision, and adjustment review. Applicant: Jane J. Daniels Lathen Trust by David E. Daniels, Trustee Applicant’s Representative: Anthony Favreau, The Favreau Group Lead City Staff: Rebekah Dohrman, Associate Planner Telephone: (541) 682-5317 E-mail: rebekah.l.dohrman@ci.eugene.or.us Public Hearing Format: 1. Staff introduction/presentation. 2. Public testimony from applicant and others in support of application. 3. Comments or questions from neutral parties. 4. Testimony from opponents. 5. Staff response to testimony. 6. Questions from Hearings Official. 7. Rebuttal testimony from applicant. 8. Closing of public hearing. The Hearings Official will not make a decision at this hearing. The Eugene Code requires that a written decision must be made within 15 days of close of the public comment period. To be notified of the Hearings Official’s decision, fill out a request form at the public hearing or contact the lead City staff as noted above. The decision will also be posted at www.eugene- or.us/hearingsofficial.  Atrium Building, 99 West 10th Avenue Eugene, Oregon 97401 Phone: 541-682-5377 Fax: 541-682-5572 www.eugene-or.gov/planning ZONE CHANGE, TENTATIVE SUBDIVISION, AND ADJUSTMENT REVIEW STAFF REPORT Application File Names and Numbers: Jane J. Daniels Lathen Trust by David E. Daniels, Trustee (Z 14-4); Country Haven Subdivision (ST 14-6) and (ARA-14-15) Applicant’s Request: Zone Change from AG to R-1, Tentative Subdivision and Adjustment Review approval for a 38- lot subdivision Owner/Applicant: David E. Daniels as Trustee of the Jane J. Daniels Lathen Trust Applicant’s Representative: Anthony Favreau, The Favreau Group, (541) 683-7048 Lead City Staff: Rebekah Dohrman, Associate Planner, Eugene Planning Division, (541) 682-5317 Subject Property/Location: 3825 Gilham Road; Tax Lots 7600, 7601, and 7602 of Assessor’s Map 17-03-08-00 and Tax Lot 1500 of Assessor’s Map 17-03-08-31; approximately 10.15 acres; see attached vicinity map. Relevant Dates: Zone Change - Application submitted on May 27, 2014; application deemed complete on July 30, 2014; public hearing held on September 10, 2014; record held open Tentative Subdivision - Application submitted on August 28, 2014; deemed incomplete on September 17, 2014; supplemental materials submitted on September 19, 2014; application deemed complete on September 25, 2014 Adjustment Review – Application submitted on September 19, 2014; application deemed complete on September 25, 2014 New public hearing to consider all three applications scheduled for November 12, 2014. Lathen Trust/Country Haven Subdivision (Z 14-4, ST 14-6 & ARA 14-15) November 2014 1 Background and Present Request On September 10, 2014, a public hearing was held on applicant’s zone change request. Staff recommended approval of the zone change from AG Agricultural to R-1 Low-Density Residential. Based on policies found in the Willakenzie Area Plan (WAP), staff also recommended applying site review overlay to ensure an effective transition between the subject property and uses located outside of the UGB (WAP Unincorporated Subarea Policy 2). The applicant’s representative disagreed with staff’s recommendation. In light of the subsequently submitted tentative subdivision application, the Hearings Official agreed to hold the record open to allow staff and the applicant’s representative to use the tentative subdivision application as an opportunity to meet the area plan policies without applying site review overlay. Accordingly, this staff report addresses the zone change request (Z 14-4) as well as the tentative subdivision application (ST 14-6) and related adjustment review application (ARA 14-15). The applicant requests rezoning of the subject property, which consists of approximately 10.15 acres of land located at 3825 Gilham Road, from AG Agricultural to R-1 Low-Density Residential. The property is currently developed with one single-family home which is vacant. The property is located east of Gilham Road at the southeast corner of the intersection of Gilham Road and Nelson Lane. On July 28, 2014, City Council approved annexation of the subject property (City file: A 14-3). The property is located near areas zoned R-1/UL Low-Density Residential with Urbanizable Land overlay zone and developed with single-family homes. The subject property is also located next to an area zoned R-1 Low-Density Residential developed with single-family homes. At the northeast corner and along the east boundary line, the property abuts the Urban Growth Boundary (UGB). The area located adjacent to the property and outside of the UGB is owned by a sand and gravel operation. The area to the north of the subject property is zoned AG/UL Agricultural with Urbanizable Land overlay zone. In addition to the zone change request, the applicant also requests approval of a tentative subdivision application for a 38-lot low-density residential development. The applicant’s adjustment review application is related to intersection offset standards. The Eugene Code (EC) requires City staff to prepare a written report concerning the subject land use application. In accordance with the Type III land use application procedures at EC 9.7320, the staff report is made available seven days prior to the public hearing, to allow community members an opportunity to review the staff analysis of the application. The staff report provides only preliminary information and recommendations. The Hearings Official will consider additional public testimony and other materials presented at the public hearing before making a decision on the application. Pursuant to EC 9.7330, the Hearings Official’s written decision on the application is made within 15 days from the close of the public record, following the public hearing. The quasi-judicial hearing procedures applicable to this request are described at EC 9.7065 through EC 9.7095. Lathen Trust/Country Haven Subdivision (Z 14-4, ST 14-6 & ARA 14-15) November 2014 2 Referrals/Public Notice This zone change application was deemed complete on July 30, 2014. On August 11, 2014, staff provided information concerning the application to other appropriate City departments, the Oregon Department of Transportation (ODOT), public agencies, and the affected neighborhood group (Northeast Neighbors). On August 5, 2014, staff also mailed notice of the proposed zone change to the Oregon Department of Land Conservation and Development (DLCD). On August 4, 2014, staff mailed public notice of the proposed zone change and the hearing date to owners and occupants within 500 feet of the subject property. The tentative subdivision and adjustment review applications were deemed complete on September 25, 2014. On September 29, 2014, staff provided information concerning these applications to other appropriate City departments for referral comments. Public notice of the public hearing related to all three applications (the zone change, tentative subdivision, and adjustment review) was mailed on October 2, 2014. In response to an invitation to attend a neighborhood/applicant meeting related to the proposed subdivision, Randall Hledik of Wildish Companies, the sand and gravel operation located east of the subject property, sent an informational email to the applicant’s representative. In that email, Mr. Hledik explains that sand and gravel extraction and processing occurs to the east, northwest, and northeast of the subject property. Mr. Hledik does not anticipate that the sand and gravel operation will impact the subject property; however, as a precaution, he asks applicant’s representative to take that possibility into consideration when designing the future development. Mr. Hledik also asks the applicant’s representative to consider additional fencing or other features to discourage trespass onto the sand and gravel operation’s property. After the September 10, 2014 public hearing, applicant requested additional information from the two adjoining property owners located outside of the UGB. Specifically, applicant asked the adjoining property owners for comments regarding the need for an effective transition, current conditions, and the proposed subdivision. Mr. Hledik offered the following additional information. He stated that a fence along the subject property’s east boundary line would provide a good visual screen for future home owners and serve as an additional safety and security measure. In addition, Mr. Hledik pointed out that per Lane County Code (LC), the company’s gravel extraction pits are subject to a 50- foot setback from abutting properties. Mr. Hledik stated that Wildish Companies has completed gravel extraction from the pit located closest to the subject property. Now, Wildish Companies is in the process of reclaiming that pit with approved fill material. The property owner to the north, Ms. Barbara McKie, provided comments in support of the proposed subdivision. With regard to the transition between the two properties, Ms. McKie stated that although her property is designated for Sand and Gravel Operations per the Metro Plan, she has no intent to mine the land. Ms. McKie’s property includes a row of mature evergreen trees located just north of the subject property’s north boundary line. The trees Lathen Trust/Country Haven Subdivision (Z 14-4, ST 14-6 & ARA 14-15) November 2014 3 provide visual screening between the two properties. Ms. McKie states that there are no plans to remove those trees from her property. No other comments related to the three applications were received. Zone Change Evaluation EC 9.7330 and 9.8865 require the Hearings Official to review an application for a zone change and consider pertinent evidence and testimony as to whether the proposed change is consistent with the criteria required for approval, shown below in bold. EC 9.8865(1): The proposed zone 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. The proposed zone change is from AG Agricultural to R-1 Low-Density Residential. The adopted Metro Plan diagram is at a metropolitan scale (1”= 7,000’) and is not parcel specific in this case. The configuration of the subject property and the physical references of the urban growth boundary (UGB) and Gilham Road make it clear that the subject property is designated Low- Density Residential. The location of the UGB was precisely determined as part of the recent annexation of the subject property (City file: A 14-3). The property is currently zoned AG Agricultural, which is inconsistent with the plan designation. The requested zone change to R-1 Low-Density Residential will bring the property into compliance with the plan designation. The applicant asserts that the proposed zone change is consistent with the Metro Plan and the Economic Element policies of the Metro Plan. Specifically, the applicant states that the zone change would facilitate the efficient use of the entire property, increase economic activity, and optimize the utilization of existing facilities. While it does not appear that the Economic Element policies are directly applicable to the proposed zone change, staff concurs with applicant that there is no apparent conflict between the policy direction provided and the requested zone change. In regards to Metro Plan policies, the following policy appears to be relevant: 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. Although the policy does not read as a mandatory approval criterion for the zone change, the applicant’s requested zoning fulfills this policy. Based on the above findings, the proposed zone change is consistent with applicable provisions of the Metro Plan. Lathen Trust/Country Haven Subdivision (Z 14-4, ST 14-6 & ARA 14-15) November 2014 4  EC 9.8865(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. The tentative subdivision evaluation below addresses this approval criterion and establishes conditions of approval that ensure that the tentative subdivision and zone change request meet this criterion. The findings at EC 9.8515(4) are incorporated here by reference. Based on those findings, applicant’s request also meets this criterion. EC 9.8865(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. Key urban facilities and services were evaluated as part of 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 could be provided in an orderly efficient and timely manner. Exhibit C of the City Council Resolution approving the annexation is included in the application file for detailed findings about urban facilities and services. Notably, wastewater service to the site requires an extension of the public system. At the time of annexation, the applicant acknowledged that they are responsible for the associated costs of providing the wastewater service. Also, public stormwater is not available to serve the subject property. At the time of annexation, the applicant confirmed that future development of the subject site would include onsite stormwater management facilities. This type of stormwater management is preferred by the City’s stormwater development standards and will be reviewed for compliance during the development permit process. Based on these findings, the uses and densities that will be allowed in the proposed R-1 zone can be served consistent with the above criterion. EC 9.8865(4): The proposed zone change is consistent with the applicable siting requirements set out for the specific zone in: (f) EC 9.2735 Residential Zone Siting Requirements. Staff concurs with the applicant’s findings. There are no discrete siting requirements for the requested R-1 zone at EC 9.2735 Residential Zone Siting Requirements. Based on these findings, the above criterion is met. Lathen Trust/Country Haven Subdivision (Z 14-4, ST 14-6 & ARA 14-15) November 2014 5  EC 9.8865(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. The proposed zone change does not include the NR zone; this criterion does not apply. Transportation Planning Rule: Staff finds that Goal 12 Transportation of the Statewide Planning Goals, adopted by the Land Conservation and Development Commission (LCDC), must be specifically addressed as part of the requested zone change and in the context of Oregon Administrative Rules (OAR), as follows. As adopted, OAR 660-012-0060(1) 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. Staff finds that the subject zone change is governed by subsection (9), 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. (a) The proposed zoning is consistent with the existing comprehensive plan map designation and the amendment does not change the 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 amendment was not exempted from this rule at the time of an urban growth boundary amendment as permitted in OAR 660- 024-220(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. Staff confirms that the proposed R-1 zoning for the property is consistent with the existing comprehensive plan designation as Low-Density Residential, and that this designation was in effect at the time the acknowledged TSP was adopted (TransPlan 2002). When TransPlan was adopted, the subject property was designated Low-Density Residential and 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 Lathen Trust/Country Haven Subdivision (Z 14-4, ST 14-6 & ARA 14-15) November 2014 6 findings, the proposed zone change does not significantly affect a transportation facility for purposes of the TPR, and therefore complies with the TPR. Tentative Subdivision Evaluation Compliance with the relevant application requirements at EC 9.8510 is addressed in the applicant’s written statement, which is incorporated in this evaluation where applicable and available for review in the application file. The applicant requests that staff evaluate the application under EC 9.8515 Subdivision, Tentative Plan Approval Criteria – General, rather than the Needed Housing approval criteria set forth in EC 9.8520. The following findings, with the conditions of approval as described, demonstrate that the proposed tentative subdivision plan will comply with all applicable approval criteria. The approval criteria are listed below in bold, with findings addressing each. Various conditions of final plat approval and informational items are included where appropriate. EC 9.8515(1): The proposed subdivision complies with the following, unless specifically exempt from compliance through a code provision applicable to a special are zone or overlay zone: (a) EC 9.2000 through 9.3915 regarding lot dimensions and density requirements for the subject zone. Within the /WR Water Resources Conservation Overlay Zone or /WQ Water Quality Overlay Zone, no new lot may be created if more than 33% of the lot, as created, would be occupied by either: 1. The combined area of the /WR conservation setback and any portion of the Goal 5 Water Resource Site that extends landward beyond the conservation setback; or 2. The /WQ Management Area. The lot dimension requirements are established at EC 9.2760 Residential Zone Lot Standards and require that R-1 lots (corner and interior) have a minimum of 50 feet of lot frontage and lot width. The minimum lot area is 4,500 and the maximum is 13,500 square feet. All of the proposed lots exceed the minimum lot dimensions and fall within the lot area minimum and maximum. The proposed subdivision includes two flag lots (proposed Lots 26 and 30). Flag lots in R-1 are required to have a minimum 15 feet of lot frontage and a minimum 50 feet of lot width. The minimum lot area for R-1 flag lots is 6,000 square feet. The two proposed flag lots meet the minimum lot frontage and exceed the minimum lot area. With regard to the proposed flag lots, applicant will be required to meet the development standards found in EC 9.2775(5). This includes special development standards for setbacks, driveways, and landscaping. With regard to density requirements, EC 9.2750 Residential Zone Development Standards establishes a maximum net density of 14 units per acre. There is no minimum net density in the R-1 zone. The proposed subdivision will create 38 lots intended for single family homes. Lathen Trust/Country Haven Subdivision (Z 14-4, ST 14-6 & ARA 14-15) November 2014 7 Subtracting the area proposed for streets (130,885 square feet or approx. 3 acres), the development site consists of approximately 7.15 acres. With this amount of acreage and the proposed number of single-family lots (38), the net density is approximately 5.3 units per acre, which is well below the maximum density requirement. No portion of the property is within the /WR or /WQ overlay zone. Based on these findings, the proposed subdivision complies with the above approval criterion. (b) EC 9.6800 through EC 9.6875 Standards for Streets, Alleys, and Other Public Ways; The subject property abuts existing residential development to the south, Gilham Road to the west, and the UGB to the north and east. The proposed subdivision will have access to Norwich Avenue and Walton Lane to the south. EC 9.6805 Dedication of Public Ways states that as a condition of any development, the City may require dedication of public ways for bicycle and/or pedestrian use as well as for streets and alleys, provided the City makes findings to demonstrate consistency with constitutional requirements. As discussed in EC 9.6870, incorporated herein by reference, the proposed right- of-way widths in Gilham Road, Country Haven Drive, Walton Lane, Audrina Lane, and Norwich Avenue meet or exceed the minimum street width requirements, and dedication of additional right-of-way is not required. With regards to EC 9.6810 Block Length, the block lengths proposed are each less than 600 feet and comply with this standard. With regards to EC 9.6815 Connectivity for Streets, the proposed development must, at a minimum, provide extension of the public way consistent with subsections (2)(b) through (d). The proposed development complies with subsection (2)(b) and (2)(c) by extending Walton Lane to the northerly boundary and by extending Audrina Lane to a point near the UGB to the east. Norwich Avenue is being extended into the development to intersect with Audrina Lane. Together with Walton Lane, proposed Country Haven Drive will be located along the northerly property boundary enabling future development of the under developed properties located to the north. The proposed development complies with subsection (2)(d) by providing multiple opportunities for secondary access. Given the available information and based on the foregoing findings, the proposed subdivision complies with the street connectivity standards. EC 9.6820 Cul-de-Sacs and Emergency Vehicle Turnarounds establishes the standards for cul- de-sacs and turnarounds. EC 9.6820(1) states that except for streets that are less than 150 feet Lathen Trust/Country Haven Subdivision (Z 14-4, ST 14-6 & ARA 14-15) November 2014 8 long and streets that will be extended in the future, all streets that terminate shall be designed as a cul-de-sac bulb or an emergency vehicle turnaround. Country Haven Drive is proposed to be approximately 445 feet long and Audrina Lane is proposed to be approximately 315 feet long. Both streets terminate and are designed with cul-de-sac bulbs in compliance with these standards. EC 9.6820(3) requires that streets terminating in a cul-de-sac be no longer than 400 feet. Per applicant’s proposal, Country Haven Drive will be 445 feet in length. EC 9.6820(5)(b) provides an exception to the maximum length where buildings or other existing development on the subject property or adjacent lands, including previously subdivided but vacant lots or parcels, physically preclude a connection now or in the future, considering the potential for redevelopment. Applicant requests an exception for the length of Country Haven Drive due to the fact that the surrounding property is located outside of the UGB. Based on the placement of Country Haven Drive along the north boundary line of the subject property, future development to the north will be able to connect to Country Haven Drive. Based on these reasons, Public Works staff confirms that an exception to the length of Country Haven Drive is appropriate. EC 9.6820(4) states that public accessways to provide safe circulation for pedestrians, bicyclists and emergency vehicles shall be required from a cul-de-sac or emergency vehicle turnaround longer than 150 feet in length when measured from the centerline of the intersecting street to the radius point of the cul-de-sac or to the center point of the emergency vehicle turnaround. Public Works staff confirms that a public accessway is not warranted from either of the proposed cul-de-sacs because the primary direction of travel for bicyclists and pedestrians to nearby attractions such as Gilham Elementary School and Cal Young Middle School would be via Walton Lane and Gilham Road, both of which are easily accessible from all lots in the development. Based on these findings the proposed subdivision will comply with the cul-de-sac standards. EC 9.6830 Intersections of Streets and Alleys establishes the standards for intersections. EC 9.6830(1) requires that streets intersect one another at an angle that is as near to a right angle as possible. Based on the tentative subdivision site plan, all street intersections are at or near 90 degrees. EC 9.6830(2) requires that the minimum intersection offset be 100 feet on local streets. All of the streets related to the proposed subdivision are classified as local streets. Along Walton Lane, the intersection offset distance between Marcella Lane (south of the proposed subdivision) and proposed Audrina Lane is approximately 285 feet. This distance complies with the minimum intersection offset distance. Along Norwich Avenue, the intersection offset distance between Norwich Avenue cul-de-sac (south of the proposed subdivision) and proposed Audrina Lane (Lathen Way) is approximately 250 feet. This distance complies with the minimum intersection offset distance. Along Gilham Road, the intersection offset distance Lathen Trust/Country Haven Subdivision (Z 14-4, ST 14-6 & ARA 14-15) November 2014 9 between Gilham Road cul-de-sac and proposed Country Haven Drive is approximately 56 feet. This distance does not meet the minimum intersection offset distance. EC 9.8030(12) Intersections of Streets and Alleys Standards Adjustment allows an adjustment to the intersection offset standard. Based on the Adjustment Review evaluation below, staff recommends approval of the adjustment to the minimum offset spacing requirement. Per the above findings, the proposed development complies with the intersection standards. EC 9.6835 Public Accessways these standards are not applicable because there are no existing or proposed accessways on adjacent sites that dictate the dedication or construction of a public accessway through the proposed development. With regard to EC 9.6840 Reserve Strips, the City may require the developer to prevent access to abutting land at the end of a street in order to assure the proper extension of the street pattern and the orderly development of land lying beyond the street. EC 9.6840(2) also enables the City to require the developer to prevent access to the side of a street where additional width is requires to meet the right-of-way standards provided in Table 9.6870 Right-of-Way and Paving Widths. In order to prevent access to the property located north of Country Haven Drive, the following condition is warranted: • Prior to final plat approval, the applicant shall create a 1-foot reserve strip along the northerly margin of Country Haven Drive. The reserve strip shall be noted on the final plat as a 1-foot Reserve Strip “A” and shall be conveyed to the City on a standard City form which shall be subject to review, approval and concurrent recording with the final plat. Based on the above findings and condition, the development will comply with this standard. With regard to EC 9.6845 Special Safety Requirements, there are no special safety requirements necessary to discourage use of the streets by non-local motor vehicle traffic. With regard to EC 9.6850 Street Classification Map, the proposal complies with this standard as discussed in EC 9.6870 Street Width, which is incorporated herein by reference. With regard to EC 9.6855 Street Names, Gilham Road is an existing street that is adjacent to the development site. Walton Lane and Norwich Avenue are existing streets that will be extended into the development. The street name “Country Haven Drive” which is proposed for the new street along the northerly boundary line of the subdivision has been approved for use by the regional road naming group. Lathen Trust/Country Haven Subdivision (Z 14-4, ST 14-6 & ARA 14-15) November 2014 10 Public Works staff notes that the street labeled “Audrina Lane” on the site plan is inconsistent with the street name “Lathen Way,” which was approved for the subdivision The Estates at Meadowview immediately to the west. In order to ensure compliance with this standard, the following condition is warranted: • Prior to final plat approval, the street identified on the site plan as “Audrina Lane” shall be labeled as “Lathen Way.” Based on these findings and conditions, the proposed development will comply with this standard. With regard to EC 9.6860 Street Right-of-Way Map, this code section states how the adopted Street Right-of-Way Map is to be applied. No amendments to the Street Right-of-Way map are proposed or required. With regard to EC 9.6870 Street Width, the right-of-way and paving widths of streets shall conform to those widths designated on the adopted Street Right-of-Way map. When a street segment right-of-way width is not designated on the adopted Street Right-of-Way map, the required street width shall be the minimum width shown for its type in Table 9.6870 Right-of- Way and Paving Widths. A greater width may be required based on adopted plans and policies, adopted ‘Design Standards and Guidelines for Eugene Streets, Sidewalks, Bikeways and Accessways’ or other factors which in the judgment of the planning and public works directors necessitate a greater street width. The applicant proposes to dedicate a 5-foot strip along the west boundary of the property for Gilham Road. This road is classified as an Urban Local Road under Lane County jurisdiction, but is maintained by the City of Eugene under an Intergovernmental Agreement (IGA). Per Lane County referral comments, “pursuant to LC 15.704(1), Lane County defers to the City of Eugene to apply City Design Standards to Gilham Road, including dedication of right-of-way to construct Gilham Road to City Standards.” Gilham Road is not identified on the adopted Street Classification Map or the adopted Right-of- Way Map (Fig. 60-61 of the Arterial and Collector Street Plan (ACSP)). With travel volumes in excess of 750 average daily trips, Gilham Road functions as a medium volume street. Per EC Table 9.6870 medium volume local streets are required to have between 20 and 34 feet of paving with 50 to 60 feet of right-of-way. The existing right-of-way, adjacent to the proposed development is 50 feet wide, with 20 feet on the east side of the centerline. The applicant’s proposal to dedicate 5 feet of right-of-way, which will result in 25 feet east of the centerline, complies with the minimum width requirements of EC Table 9.6870. It is noted that no improvements are proposed or required at this time in Gilham Road, which has an existing 20 – foot wide driving surface. Rather, as noted at EC 9.6505(3), the improvements will be deferred to a later date through an Irrevocable Petition. Lathen Trust/Country Haven Subdivision (Z 14-4, ST 14-6 & ARA 14-15) November 2014 11 The remaining streets of the development, i.e. Country Haven Drive, Walton Lane, Lathen Way, and Norwich Avenue will be under City jurisdiction. Similar to Gilham Road, these streets are not identified on the adopted Street Classification map or the adopted Right-of-Way Map (Fig. 60-61 of the Arterial and Collector Street Plan (ACSP)). Each of the streets will function as low- volume streets to have between 20 and 28 feet of paving with 45 to 55 feet of right-of-way. The applicant proposes to construct or complete the construction of each of these streets to City standards for a 28 foot wide street and to dedicate or complete the dedication of each street to a width of 55 feet. Additionally, the applicant’s proposal to construct cul-de-sacs at the end of Country Haven Drive and Lathen Way with 35 foot radius paving and 48.5 feet of right-of-way complies with EC Table 9.6870. Based on the above findings, the proposed streets of the subdivision comply with the street width and paving requirements of EC Table 9.6870. With regard to EC 9.6873 Slope Easements, since the site is relatively flat, there is no apparent need for slope easements as a condition of development. With regard to EC 9.6875 Private Street Design Standards, these standards do not apply because private streets are not proposed. (c) EC 9.6500 through EC 9.6510 Public Improvement Standards EC 9.6500 Easements authorizes the City to require dedication of easements for public utilities and access under certain circumstances. This section also notes prohibited obstructions within public easements. The applicant proposes to dedicate 7-foot wide public utility easements adjacent to each of the streets of the proposed development for utilities adjacent to the public streets. To facilitate extension of the public wastewater, several existing easements are identified on the tentative plat. This includes a 10-foot wide public utility easement that will be dedicated as part of the Privately Engineered Public Improvement (PEPI) work for The Estates at Meadowview (City File: ST 13-8). The Estates at Meadowview is a tentatively approved subdivision located to the west of the subject property. Otherwise, Public Works staff is unaware of the need for any additional on-site public easements to address present or future public wastewater or public stormwater needs for development of the area. Based on these findings, the proposal complies with EC 9.6500. Lathen Trust/Country Haven Subdivision (Z 14-4, ST 14-6 & ARA 14-15) November 2014 12 EC 9.6505 Improvement Specifications requires that all public improvements be designed and constructed in accordance with adopted plans and policies, and the procedures specified in EC Chapter 7. The PEPI process is used by the City to review public improvements. The applicant’s proposal is based on an assumption that certain Walton Lane public improvements, particularly the 8-inch wastewater mainline that was approved for The Estates at Meadowview, will be available and that there are adequate easements or right-of-way to enable both the construction of the public wastewater and the portion of the Walton Lane that is applicant’s responsibility. Therefore, in order to ensure that the needed improvements can be constructed in accordance with tentative approval and to ensure compliance with EC 9.6505, the following condition is necessary: • Prior to final plat approval, a PEPI permit shall be issued for the construction of the public wastewater mainline in Walton Lane, together with any easements or right-of- way necessary to facilitate the construction of the wastewater and that portion of the Walton Lane street improvements proposed on the tentative plat. In lieu of a PEPI permit, a bond or other financial instrument guaranteeing the construction of public improvements shall be submitted by the applicant and accepted by the City Engineer. The applicant also proposes the following improvements as part of the proposed subdivision: construction of Country Haven Drive and Lathen Way; extension and partial construction of Walton Lane; extension of Norwich Avenue; and wastewater connections to each of the proposed lots. In order to ensure compliance with EC 9.6505, the following conditions are warranted: • Prior to final plat approval, a PEPI permit shall be issued for the construction of public improvements. In lieu of a PEPI permit, a bond or other financial instrument guaranteeing the construction of public improvements shall be submitted by the applicant and accepted by the City Engineer. • Prior to final plat approval, the applicant shall submit a street tree agreement application with a street tree plan to the City Urban Forester for review. The applicant will be required to submit a financial guarantee insuring street trees will be planted and maintained in accordance with applicable EC 7.280 requirements. The applicant shall obtain an approved street tree agreement prior to final plat approval. In regards to EC 9.6505(1) Water Supply, water service for the proposed development must be provided in accordance with Eugene Water and Electric Board (EWEB) policies and procedures. In order to ensure compliance with this standard the following condition of approval is required: • Prior to final plat approval, the applicant shall provide documentation that EWEB has received a financial guarantee, ensuring water will be provided to each lot in the plat. It Lathen Trust/Country Haven Subdivision (Z 14-4, ST 14-6 & ARA 14-15) November 2014 13  is noted that EWEB currently accepts cash payment, bond or an irrevocable letter of credit as financial guarantees. In regards to EC 9.6505(2) Sewage, this standard requires all developments to be served by wastewater sewage systems of the City, in compliance with the provisions of EC Chapter 6. Upon completion of the PEPI improvements for The Estates at Meadowview (PEPI Project No. 4945), public wastewater will be available in Walton Lane. The applicant proposes to provide service to each of the proposed lots and to adjoining properties by extending the mainline to the north in Walton Lane, to the west and east in Country Haven Drive, and to the west and east in Lathen Way. Staff confirms that the proposal demonstrates conceptual compliance with applicable sewage specifications, subject to a more detailed review of the mainline construction and service laterals during the subsequent PEPI review process. With regards to EC 9.6505(3) Streets and Alleys and EC 9.6505(4) Sidewalks, all streets in and adjacent to the development site shall be paved to the width specified in EC 9.6870, and improved according to adopted standards and specifications pursuant to EC Chapter 7. The improvements are to include drainage of all such streets and alleys, as well as curbs and gutters, sidewalks, street trees, and street lights designed in accordance with the Design Standards and Guidelines for Eugene Streets, Sidewalks, Bikeways, and Accessways and standards and specifications adopted pursuant to EC Chapter 7 and other adopted plans and policies. Although Gilham Road is not improved to City standards, the existing 20-foot wide surface is adequate for two-way traffic; therefore, public street improvements will not be required at this time. In lieu of an immediate requirement to construct street improvements, the following condition will ensure compliance with this standard: • Prior to final plat approval, the applicant shall submit an Irrevocable Petition for public improvements in Gilham Road to include paving, curb & gutters, storm drainage, sidewalks, street trees and street lights. The applicant’s proposal to construct Country Haven Drive, Walton Lane, Lathen Way and Norwich Avenue as low volume local streets with 28-foot paving, curbs & gutters, setback sidewalks, street trees and street lights demonstrates conceptual compliance with these standards, subject to a more detailed review during the PEPI permit process. Sidewalks on the north side of Country Haven will be the responsibility of the adjacent property owner to the north and will be constructed upon development of that property. In order to avoid damaging sidewalks at the time of development of individual lots, with the exception of intersection ramps, construction of the sidewalks in the proposed streets will be required through the building permit process. Lathen Trust/Country Haven Subdivision (Z 14-4, ST 14-6 & ARA 14-15) November 2014 14 Based on the above findings, future building permit review, and condition, the proposed development will comply with these standards. With regard to EC 9.6505(5) Bicycle Paths and Accessways, this standard is not applicable as there are no existing or potential accessways on adjacent sites that dictate the dedication or construction of a public accessway through the proposed development. EC 9.8515(2): Approval does not impede the future best use of the remainder of the property under the same ownership or adversely affect the development of the remainder for any adjoining land or access thereto, based on the provisions of this land use code. For subdivisions involving phasing, it shall be demonstrated that each sequential phase will maintain consistency with the provisions of EC 9.8515 Tentative Subdivision Approval Criteria – General. The proposed subdivision will be completed under the applicant’s ownership, and adjoining undeveloped land is not hindered by the proposed development. The subdivision does not involve phasing. Based on these findings, there is no “remainder of the property under the same ownership” to warrant further consideration of the future best use of the property, pursuant to the above approval criterion. With regard to “any adjoining land or access thereto,” adjoining property to the south is currently developed with single family dwellings and has existing frontage and access to public streets. Adjoining properties to the north and east are located outside of the urban growth boundary. The property to the north that is within the urban growth boundary has frontage along Gilham Road and future development may connect to proposed Country Haven Drive. Based on these findings, this criterion is met. EC 9.8515(3): Any existing improvements on the proposed lots are consistent with the provisions of this land use code. The applicant proposes to remove the existing house and accessory structures. Since the house and accessory structures do not fall within the bounds of the proposed lots, they will need to be removed prior to final plat approval or the proposed lots will need to be restricted to common ownership until the structures are removed. To address this issue, the following condition is required: • Prior to final plat approval, the existing house and accessory structures shall be removed. Alternatively, the applicant may provide a deed restriction for concurrent recording with the final plat that prohibits any of the proposed lots from being under separate ownership until the existing structures are removed. Based on these findings and condition, the above criterion is met. Lathen Trust/Country Haven Subdivision (Z 14-4, ST 14-6 & ARA 14-15) November 2014 15  EC 9.8515(4): The proposed subdivision will be consistent with the property’s designation in the Metro Plan and applicable adopted plan policies as reflected in the sections beginning at EC 9.9500. Based on the findings at EC 9.8865(1), incorporated herein by reference, the proposed subdivision is consistent with applicable provisions of the Metro Plan. The Willakenzie Area Plan (WAP) is the adopted refinement plan applicable to the subject property. The property is identified on the WAP Land Use Diagram and the Unincorporated Subarea Diagram. On both diagrams, the subject site is designated for low-density residential use which is consistent with applicant’s zone change request and the proposed subdivision. The applicable adopted plan policies are found in EC 9.9700(9) Land Use Element – North Region, Unincorporated Subarea. WAP Unincorporated Subarea Policy 2, adopted in code as EC 9.9700(9)(a), states that the City shall require future developments on parcels abutting the UGB to provide an effective transition between urban and rural land uses. This transition is intended to minimize potential conflicts with adjacent agricultural and sand and gravel operations. The subject property abuts the UGB along the north and east boundary lines. The abutting property located outside of the UGB is designated for sand and gravel operation. To the east, Wildish, a sand and gravel operation, owns a large parcel of land that is in active operation. As provided above, a representative from Wildish Companies indicates that the gravel pit located closest to the subject property is at the end of its operational life and is being reclaimed with approved fill. Accordingly, the impacts of the sand and gravel operation on the proposed subdivision are projected to be nominal moving into the future. The representative from Wildish Companies also explained that per Lane County Code, sand and gravel operations are required to be setback from surrounding uses. In fact, Lane County Code (LC) provides the following: LC 16.217 Sand, Gravel & Rock Products Zone (SG-RCP) LC 16.217(4)(b)(v) Setbacks for Excavation. Excavation shall not be conducted closer than 150 feet to any property boundary, except as herein provided. (aa) The Director may grant an administrative variance to decrease the setback upon showing that the eventual utilization of the site is compatible with a smaller setback up to the following minimums: (i-i) Fifty feet from the boundary of any nonresidential zone, or the right- of-way of an existing street or road. (ii-ii) One hundred feet from the boundary of a residential zone. These setback standards ensure that any current or future excavation will have an adequate setback from the proposed subdivision. In addition to providing information regarding the status of the sand and gravel operation and the required setback, applicant also proposes a 15- Lathen Trust/Country Haven Subdivision (Z 14-4, ST 14-6 & ARA 14-15) November 2014 16 foot building setback along the east boundary line of the subject property. Applicant also proposes to install a 6-foot tall wooden fence along the east boundary at the time of building permit. The fence and building setback would affect proposed Lots 26, 27, 28, 29, and 30. The current status of the sand and gravel operation, the setback required by Lane County, the proposed 15-foot building setback, and the 6-foot wooden fence all work together to create an effective transition between the subject property and the potentially incompatible uses located outside of the UGB. To ensure compliance with the refinement plan policy, the following condition is warranted: • Prior to final plat approval, applicant shall submit a revised final site plan that shows the location of the 6-foot wooden fence and the 15-foot building setback along the east boundary line of proposed lots 26, 27, 28, 29, and 30. To protect the critical root zones of the trees to be preserved along this boundary line, applicant shall consult with a certified arborist to determine the best location for the fence and how best to protect the trees from development activities. Applicant shall provide a copy of the certified arborist’s recommendation and report to the City for review. Regarding the north boundary line of the subject property, the abutting property is designated for sand and gravel operation, but it is not and has not been used in the past for this purpose. The property consists of a large grassy field, a single-family home, and a long row of mature evergreen trees along the south boundary line. As provided in this report, the property owner states that there are no future plans to use the property for sand and gravel extraction and that there are no plans to remove the row of evergreen trees. In addition to relying on the current and future intended use of the property to the north, applicant also proposes to install a 6-foot wooden fence along the north boundary line to create an effective transition between the properties. Staff notes that R-1 development standards will require a minimum 5-foot building setback along the north boundary line and that only 3 of the proposed 38 lots will abut the UGB along the northern property line (proposed Lots 15, 25, and 26). Applicant also states in the written statement that care will be taken during development to avoid impacting the critical root zones of the existing evergreen trees which are located 10 feet north of the subject property’s northern boundary line. The current use of the property to the north, the row of mature evergreen trees, the 6-foot wooden fence, the standard building setback, and the relatively small number of lots located along the northern boundary line all work together to create an effective transition between the subject property and the potentially incompatible uses located outside of the UGB. To ensure compliance with the refinement plan policy, the following condition of approval is warranted: • Prior to final plat approval, applicant shall submit revised final site plans that show the location of the 6-foot wooden fence along the north property lines of proposed lots 15, 25, and 26. To establish the best location for the fence and to protect the critical root zones of the evergreen trees located approximately 10 feet north of the subject Lathen Trust/Country Haven Subdivision (Z 14-4, ST 14-6 & ARA 14-15) November 2014 17  property, applicant shall consult with a certified arborist. Applicant shall provide a copy of the certified arborist’s recommendation and report to the City for review. Based on these findings and conditions of approval, the proposed subdivision complies with the Metro Plan and adopted area plan policies. EC 9.8515(5): The proposed subdivision will: (a) Not result in unreasonable risk of fire, flood, geological hazards, or other public health and safety concerns; The Fire Marshal confirms that the subdivision will not result in unreasonable risk of fire. With regard to risk of flood, the Federal Emergency Management Agency (FEMA) issued a Letter of Map Amendment (LOMA) indicating that the subject property is not located within a Special Flood Hazard Area (SFHA). The subdivision itself will not result in unreasonable risk of flood per the stormwater drainage evaluation at EC 9.6791 Flood Control. Per the findings at EC 9.8515(10)(b) and a Level 1 Geotech Report that was submitted with the application, the site is well-suited for the proposed development provided that the recommendations are implemented as required during the PEPI process. Other public health and safety issues such as those related to necessary infrastructure improvements have been previously addressed with respect to EC 9.8515(1)(b) and (c). Given the available information, it is concluded that the proposed subdivision will comply with the applicable criterion. (b) Provide adequate transportation systems, water supply, sewage disposal, drainage, and other public utilities; As discussed in EC 9.8515(1)(b) and (1)(c), the proposed subdivision will provide adequate transportation systems, water supply, sewage disposal, drainage, and other public utilities. By reference, the findings made in EC 9.8515(1)(b) and (1)(c) are incorporated here. Based on these findings, the proposed subdivision is found to comply with this criterion. (c) Not hamper the adequate provision of publicly owned open space for recreation needs. The subject property is not specifically needed as publicly owned open space for recreation, and there is no evidence that the proposed subdivision will directly hamper adequate provision for open space needs in the area. The proposed subdivision will comply with this criterion. EC 9.8515(6): The proposed provides safe, convenient, and direct bicycle and pedestrian access to nearby and adjacent residential areas, transit stops, neighborhood activity centers, commercial areas, and industrial areas, and provides safe, convenient and direct transit circulation, provided the city makes findings to demonstrate consistency with constitutionals requirements. “Nearby” means uses within a ¼ mile that can reasonably be expected to be used by pedestrians, and uses within 2 miles that can reasonably be expected to be used by bicyclists. Lathen Trust/Country Haven Subdivision (Z 14-4, ST 14-6 & ARA 14-15) November 2014 18 The subject property is located nearby and adjacent to residential areas, parks, schools, and public transportation. The proposed public sidewalks and streets of the development demonstrate compliance with the requirement to provide pedestrian, bicycle and transit circulation to adjacent and nearby attractive features. EC 9.8515(7): The proposed subdivision is designed and sited such that roads, infrastructure, utilities, and future development of proposed lots will minimize impacts to the natural environment by addressing the following: (a) Protection of Natural Features. 1. For areas not included on the city’s acknowledged Goal 5 inventory, the preservation of significant natural features to the greatest degree attainable or feasible, including: a. Significant on-site vegetation, including rare plants (those that are proposed for listing or are listed under state or federal law), and native plant communities. b. All documented habitat for all rare animal species (those that are proposed for listing or are listed under State or Federal law). c. Prominent topographic features, such as ridgelines and rock outcrops. d. Wetlands, intermittent designated in the Metro Plan diagram as “Natural Resource” and areas identified in any city-adopted natural resource inventory. 2. For areas included on the city’s acknowledged Goal 5 inventory, the preservation of natural features shall be consistent with the acknowledged level of preservation provided for the area. (b) Tree Preservation. The proposed project shall be designed and sited to preserve significant trees to the greatest degree attainable or feasible, with trees having the following characteristics given the highest priority for preservation: 1. Healthy trees that have a reasonable chance of survival considering the base zone or special area zone designation and other applicable approval criteria; 2. Trees located within vegetated corridors and stands rather than individual isolated trees subject to windthrow; 3. Trees that fulfill a screening function, provide relief from glare, or shade expansive areas of pavement; 4. Trees that provide a buffer between potentially incompatible land uses; 5. Trees located along the perimeter of the lot(s) and within building setback areas; 6. Trees and stands of trees located along ridgelines and within view corridors; 7. Trees with significant habitat value; 8. Trees adjacent to public parks, open space and streets. 9. Trees along water features. Lathen Trust/Country Haven Subdivision (Z 14-4, ST 14-6 & ARA 14-15) November 2014 19  10. Heritage trees. (c) Restoration or Replacement. 1. For areas not included on the city’s acknowledged Goal 5 inventory, the proposal mitigates, to the greatest degree attainable or feasible, the loss of significant natural features described in criteria (a) and (b) above, through the restoration or replacement of natural features such as: a. Planting of replacement trees within common areas; or b. Re-vegetation of slopes, ridgelines, and stream corridors; or c. Restoration of fish and wildlife habitat, native plant habitat, wetland areas, and riparian vegetation. To the extent applicable, restoration or replacement shall be in compliance with the planting and replacement standards of EC 6.320. 2. For areas included on the city’s acknowledged Goal 5 inventory, any loss of natural features shall be consistent with the acknowledged level of protection provided for the resource. (d) Street Trees. If the proposal includes removal of any street tree(s), removal of those street tree(s) has been approved, or approved with conditions according to the process at EC 6.305 of this code. With regard EC 9.8515(7)(a) the subject property is not located in an area designated on the City’s acknowledged Goal 5 inventory. Therefore, EC 9.8515(7)(a)1. applies. The subject property consists of an open grassy field, trees, and one single family home with accessory structures. The property does not contain significant on-site vegetation, documented habitat for rare animal species, prominent topographic features, or wetlands. The area is not designated on the Metro Plan diagram as “Natural Resource.” Based on these findings, the approval criterion is met. With regard to EC 9.8515(7)(b), this criterion requires that the proposed development be designed and sited to preserve significant trees to the greatest degree attainable or feasible. This criterion also provides a list of the type of trees that will be given the highest priority for preservation. As shown on the site plan, there are 25 trees located on the property with a diameter of 8 inches or greater. Of the 25 trees, applicant indicates that 15 will be removed due to their condition (leaning, hazardous, multiple trunks) or location (within proposed right- of-way, within lot building area, or on top of a berm that will be graded/removed). Staff agrees with applicant’s assessment of the 15 trees that will be removed. None of these trees possess the characteristics listed in EC 9.8515(7)(b) 1 through 10. With regard to the other 10 trees shown on the site plans, applicant indicates that these are elective preservation trees. Applicant notes that the elective preservation trees are in fair condition and, per the site plans, are located along the south and east boundary lines of the subject property. The applicant proposes to place protective fencing around the trees to be preserved to prevent disruption of their critical root zones during development. Applicant further notes that if any of the 10 trees are disrupted or damaged by development, applicant proposes to replace those trees with one 2” caliper tree to be planted on the same lot. Staff Lathen Trust/Country Haven Subdivision (Z 14-4, ST 14-6 & ARA 14-15) November 2014 20 finds that these 10 trees possess characteristics described in EC 9.8515(7)(b) 1, 3, 4, and 5. Accordingly, the trees should be preserved to the greatest degree attainable or feasible. To meet the tree preservation criterion in EC 9.8515(7)(b), the following condition is warranted: • Prior to final plat approval, the applicant shall submit revised final site plans with the following note: “Protective fencing for trees identified to be preserved shall be installed under the direction of a certified arborist and inspected and approved by the City prior to beginning any construction related activities.” “All protective tree fencing shall remain in place until completion of all construction activities; any relocation or removal of the protective fencing shall also occur under the direction of a certified arborist, with approval by the City.” The following condition will also ensure restoration or replacement in compliance with EC 9.8515(7)(c): • Prior to final plat approval, the applicant shall submit revised final site plans with the following note: “If a tree identified for preservation needs to be removed, justification of the removal must be documented by a certified arborist and provided to the City prior to removal.” “Trees that are removed will be replaced at a ratio of one (1) tree for each one (1) tree removed.” “Replacement trees shall be native species with a minimum caliper of 2” for deciduous canopy trees and a minimum height of 5’ for coniferous or evergreen trees.” “Replanting shall occur within one year of the removal. Planting, watering and general maintenance of replacement trees shall be conducted by the property owner in a manner that ensures their establishment and long-term survival.” EC 9.8515(7)(d) is not applicable because none of the 25 trees shown on applicant’s site plan are located in the right-of-way. Based on these findings and conditions of approval, the proposed subdivision will comply with this criterion. EC 9.8515(8): On R-1 zoned property, if the subdivision results in a lot greater than 13,500 square feet in size based on EC 9.2761(5)(b), the application shall indicate the Lathen Trust/Country Haven Subdivision (Z 14-4, ST 14-6 & ARA 14-15) November 2014 21  location of lot lines and other details of layout that show future division of the lot may be made without violating the requirements of this land use code and without interfering with the orderly extension of adjacent streets, bicycle paths, and accessways. If the planning director deems it necessary for the purpose of future land division, any restriction of buildings within future street, bicycle path, and accessway locations shall be made a matter of record in the tentative plan approval. This criterion is not applicable to applicant’s proposal because the subdivision will not result in lots greater than 13,500 square feet. EC 9.8515(9): As far as is practicable, lot side lines shall run at right angles to the street upon which the lots face, except that on curved streets they shall be radial to the curve. The proposed lot lines generally run at right angles to the proposed streets as required, except where necessary to accommodate the curved streets and cul-de-sacs. This criterion is met. EC 9.8515(10): The proposed subdivision complies with all of the following (an approved adjustment to a standard pursuant to the provisions beginning at EC 9.8015 of this land use code constitutes compliance with the standard): (a) EC 9.6706 Development in Flood Plains through EC 9.6709 Special Flood Hazard Areas – Standards. Per FEMA’s Flood Insurance Rate Map (FIRM) 41039C-1127-F, dated June 2, 1999, the property is partially located within Zone A and Zone X of the SFHA. Zone A includes property where no base flood elevations have been determined but that are located in an area inundated by the flood having a 1 percent chance of being equaled or exceeded in any given year. Zone X is an area determined to be outside of the 500 year floodplain. On June 5, 2014, FEMA issued a LOMA to applicant (Case No. 14-10-1381A). The LOMA indicates that the property is not located within the SFHA and amends the effective National Flood Insurance Program (NFIP) map to remove the subject property from the SFHA. The LOMA includes an Attachment 1 (Additional Considerations) which states that a study is underway to revise the NFIP maps in this community. FEMA cautions that the property may be impacted by the NFIP map revisions and that those revisions would supersede the LOMA determination. Based on the LOMA determination dated June 5, 2014, the standards in EC 9.6706 through EC 9.6709 do not apply because the subject property is not located within a SFHA. Lathen Trust/Country Haven Subdivision (Z 14-4, ST 14-6 & ARA 14-15) November 2014 22  (b) EC 9.6710 Geological and Geotechnical Analysis. The standards for geotechnical analysis are applicable in this instance, because the applicant’s proposed development includes dedication and construction of public streets, storm drainage, and wastewater systems. Public Works staff confirms that the applicant’s analysis, prepared by Michael Remboldt, P.E., G.E. of K&A Engineering, Inc., which is dated August 29, 2014, meets the Level One Analysis requirements of EC 9.6710(4)(a), which consists of a compilation of record geological data; on- site verification of the data and site conditions; and a report discussing site and soil characteristics in relation to the proposed development and other applicable standards. The report concludes that the site is well-suited for the proposed development provided recommendations for mitigation of expansive soils are implemented. The report also includes recommendations for the design foundations, drainage, trenching, and cut and fill embankments. Public Works staff concurs with the initial geotechnical assessment. Adherence to the report recommendations will be required during the subsequent PEPI permit, and building and site development processes. Based on these findings and future permit requirements, the development complies with this criterion. (c) EC 9.6730 Pedestrian Circulation On-Site. These standards are specific to institutional, office, commercial, industrial, and multi-family developments as described in EC 9.6730(2). These standards do not apply to the proposed residential subdivision. (d) EC 9.6735 Public Access Required. EC 9.6735(1) states that except as otherwise provided in this land use code, no building or structure shall be erected or altered except on a lot fronting or abutting on a public street or having access to a public street over a private street or easement of record approved in accordance with provisions contained in this land use code. Applicant proposes to create 38 lots in the tentative subdivision application. In addition, applicant proposes to create two new streets, Country Haven Drive and Lathen Way. These two streets will run east to west. Country Haven Drive will intersect with existing Gilham Road and an extension of existing Walton Lane. Lathen Way will intersect with an extension of Walton Lane and Norwich Avenue. All of the proposed lots will front or abut existing or proposed streets. At this time, the applicant does not propose construction of a building or structure. Based on the orientation of the proposed lots, the tentative subdivision meets this criterion. Lathen Trust/Country Haven Subdivision (Z 14-4, ST 14-6 & ARA 14-15) November 2014 23 EC 9.6735(2) states that access from a public street to a development site shall be located in accordance with EC 7.420 Access Connections – Location. Applicant’s proposed development includes access connections to local streets. Accordingly, the standards in EC 7.420(3) apply to the proposed development. Public Works staff confirms that applicant’s proposed development conceptually meets these standards. At the time of building permit, applicant will be required to demonstrate compliance with these standards. For more details, please refer to Public Works referral comments. Based on these findings and future building permit review, the proposed subdivision complies with these standards. (e) EC 9.6750 Special Setback Standards. The purpose of special setbacks is to ensure that buildings are constructed in such a manner that they will conform with the front and interior setbacks required by specific zones when the streets on which they front are widened and improved to the city standard. As discussed previously at EC 9.6805 and EC 9.6870, which is incorporated herein by reference, Gilham Road, Walton Lane, Lathen Way and Norwich Avenue will comply with applicable right- of-way width requirements. No special setbacks are required for future right-of-way or public utility easements. (f) EC 9.6775 Underground Utilities. At the time of development, all on-site utilities will be place underground consistent with this standard. (g) EC 9.6780 Vision Clearance Area. Vision Clearance Areas (VCAs) are shown on the tentative site plan in proposed Lots 1, 8, 9, 16, 38, 33 and 32. The applicant indicates that any future development will meet the triangular vision clearance area as required. Based on these findings and future permit requirements, the proposed subdivision complies with this standard. (h) EC 9.6791 through EC 9.6797 regarding stormwater flood control, quality, flow control for headwaters area, oil control, source control, easements, and operation and maintenance. The purpose of EC 9.6791 Stormwater Flood Control is to maintain the capacity of the City’s stormwater system to prevent flooding and drainage hazards. Proposed and required stormwater flood control facilities shall be designed and constructed in compliance with code requirements. The applicant proposes to retain water from street and driveway runoff with public infiltration planters located within the planter strips and to retain runoff from each of the lots through the use of private drywells. Lathen Trust/Country Haven Subdivision (Z 14-4, ST 14-6 & ARA 14-15) November 2014 24 The soils on the site are mapped as Malabon (80% of the site), which is characterized as a Type “C” soil and Chahalis (20% of the site) which is characterized as a Type “B” soil. Per the geotechnical report, “the relatively shallow surface silts and clays will offer poor infiltration rates probably less than 1-inch per/hour; however, coarser soils located approximately 3 to 4 feet below the ground surface most likely exhibit infiltration rates in the range of 2 to 6 inches per hour.” As recommended, additional infiltration testing will be required at the time of lot development for purposes of on-site disposal of surface runoff, in order to verify appropriate design values for infiltration rate. Staff additionally notes that the minimum infiltration rate for drywells is identified in the Stormwater Management Manual as 0.5 inches per hour. The public infiltration planters have been conceptually sized using the City’s presumptive calculator and conceptual locations are shown on the tentative plan. At the time of development, the applicant’s proposal to utilize drywells for the individual lots will need to comply with the Stormwater Management Manual and DEQ requirements. Based on these findings and future PEPI and building permit requirements, the proposed development will comply with the standards at EC 9.6791. With respect to EC 9.6792 Stormwater Quality, the application proposes construction of public streets. To reduce runoff pollution and mitigate the volume, duration, time of concentration and rate of stormwater runoff from the development, the applicant must select, size, and locate infiltration or filtration type stormwater quality facilities from the Stormwater Management Manual to treat the stormwater runoff from the shared driveway. As noted above, the applicant proposes to construct infiltration planters located within the planter strips in the public right-of-way. The public infiltration planters have been conceptually sized using the City’s presumptive calculator and conceptual locations are shown on the tentative plan. Because the proposed infiltration planters are not sized to treat the stormwater runoff from individual lots, pursuant to EC 9.6792(3)(b)(2) all lots in the proposed subdivision will be required to comply with EC 9.6792(3)(d) through (g) at the time of the development permit applications. Because the proposed subdivision is at an elevation less than 500 feet; does not drain to a headwaters facility; does not generate high concentrations of oil and grease; does not include any specific pollutants of concern identified in EC 9.6795(2); and, does not propose or require public stormwater facilities, EC 9.6793 through EC 9.6796 do not apply. In regards to EC 9.6797, all stormwater facilities constructed within the subdivision will be privately owned, operated and maintained in accordance with EC Chapters 6 and 7, and the Stormwater Management Manual. Based on the above findings and standards to be implemented during future permit review, the proposed subdivision complies with this criterion. Lathen Trust/Country Haven Subdivision (Z 14-4, ST 14-6 & ARA 14-15) November 2014 25  (i) The proposed subdivision complies with other applicable development standards for features explicitly included in the application. There are no features explicitly included in the application that are subject to additional review, beyond those addressed elsewhere in this evaluation. EC 9.8515(11): The proposal complies with the Traffic Impact Analysis Review provisions of EC 9.8650 through 9.8680 where applicable. The traffic generated by future development of the proposed lots would not reach the threshold of 100 or more peak hour trips, there are no documented concerns to warrant further review under these standards, nor will the proposed residential development generate or receive vehicles of heavy weight in routine daily operations. Based on these findings, this criterion is not applicable. EC 9.8515(12): For applications intended to implement an approved tentative or final planned unit development for the site: (a) The proposed subdivision is consistent with the approved planned unit development plan; (b) If full compliance with a tentative subdivision criterion in this section would cause an inconsistency between the tentative subdivision plan and an approved tentative or final planned unit development for the site, the city shall require compliance with that subdivision criterion only to the extent that it can do so without creating the inconsistency. The application does not implement a tentative or final PUD. This criterion does not apply. Adjustment Review Evaluation The applicant requests an adjustment to EC 9.6830(2) Offsets. This standard requires that the minimum intersection offsets shall be 100 feet on a local street, 200 feet on a collector street, and 400 feet on an arterial street unless adjusted through the process for adjustments to standards of EC 9.8030(12). Offsets shall be measured from the center lines of the two intersecting streets. To assist the Hearings Official in rendering a decision on the application, staff presents the following Adjustment Review approval criteria at EC 9.8030(12), shown below in bold typeface with findings related to each, based on the evidence available as of the date of this staff report. EC 9.8030 Adjustment Review – Approval Criteria (12) Intersections of Streets and Alleys Standards Adjustment. The minimum offset intersection requirements set forth in EC 9.6830 may be adjusted if the proposed adjustment is necessary and is designed so that no offset dangerous to the traveling public is created as a result of staggering of intersections. An Lathen Trust/Country Haven Subdivision (Z 14-4, ST 14-6 & ARA 14-15) November 2014 26  offset necessary to assure safety and efficiency based on traffic engineering principles shall be required. Upon submittal by a traffic engineer and approval by the city of a study that demonstrates the safety and efficiency of an intersection offset of a lesser distance, the minimum intersection offsets of 100 feet on a local street, 200 feet on a collector street, and 400 feet on an arterial street may be adjusted. Offsets shall be measured from the center line of the two intersecting streets. Applicant’s tentative subdivision application includes the addition of a new road, Country Haven Drive, which will create a new intersection along Gilham Road. At the point of the proposed intersection, Gilham Road is under Lane County’s jurisdiction and is classified as an urban local road. Within urban growth boundaries, Lane County Code 15.137(6)(a) allows application of the City’s policies and development codes. Accordingly, Gilham Road is considered a local street for purposes of determining the minimum intersection offset required. The proposed Country Haven Drive intersection would be 56 feet north of the Gilham Road Cul- de-Sac and does not meet the required minimum intersection offset. Therefore, the applicant has applied for adjustment review under the standards found in EC 9.8030(12). The requested adjustment is necessary because the proposed location of Country Haven Drive along the northerly boundary of the development site will facilitate the development of the adjacent partially developed lots to the north and because aligning Country Haven Drive with the existing Gilham Road cul-de-sac would adversely impact the development potential of some of the parcels (i.e. the westerly most tax lot of the proposed development). In support of the requested adjustment, Anthony Favreau, P.E. of The Favreau Group, prepared a letter dated September 19, 2014. Mr. Favreau indicates that based on the City’s 2007 traffic flow map, the average daily trips (ADT) measured in Gilham Road, just north of Ayres Road was 900 vehicles. However, Lane County referral comments indicated that a 2009 Lane County count determined that the ADT at the same location was considerably larger – 2,050 ADT. Despite the apparent discrepancies, Mr. Favreau infers that because of the proximity of the proposed intersection to the end of Gilham Road - 1,300 feet - the ADT at the proposed intersection will be considerably smaller than the above numbers. Public Works staff concurs with Mr. Favreau, noting that the proposed intersection is more than 2,000 feet from the sampling point and that the proposed intersection is located north of the majority of residential development that feeds into Gilham Road. Mr. Favreau further notes that, even with 38 proposed lots, the increased ADT due to the proposed development will be limited to approximately 120 vehicles because other street connections will be available through development of the proposed subdivision. In addition to the discussion of traffic volumes at the proposed intersection, Mr. Favreau also asserts that the intersection will be safe and efficient for the following reasons: 1. Traffic from Country Haven will be stop controlled. 2. The intersections at Gilham cul-de-sac and Country Haven are configured in such a manner that there will be no left turn conflicts between the two intersections. Lathen Trust/Country Haven Subdivision (Z 14-4, ST 14-6 & ARA 14-15) November 2014 27  3. Gilham Road is flat and there is good visibility onto Gilham Road in both directions from the proposed Country Haven Drive and Gilham cul-de-sac. Regarding sight distance, Lane County referral comments note the presence of an existing mailbox structure located approximately 50 feet south of the proposed intersection along the east shoulder of Gilham Road which could result in a visual obstruction to traffic entering Gilham Road from the proposed intersection. Further evaluation of the sight obstruction and implementation of mitigation measures will be determined during the PEPI and Lane County Facility Permit review. Based on the above findings and standards to be implemented during future permit review, the proposed intersection is necessary and will result in safe and efficient intersection spacing. Staff recommends approval of the proposed adjustment. Staff Recommendation Based on the available evidence, and consistent with the preceding findings and recommended conditions of approval contained in this report, staff concludes that the applicant’s request for Zone Change, Tentative Subdivision approval, and Adjustment Review comply with the applicable approval criteria at EC 9.8865, EC 9.8515, and EC 9.8030, respectively. Staff recommends that the Hearings Official approve the zone change and the adjustment review and conditionally approve the proposed subdivision, subject to the following: 1. Prior to final plat approval, the applicant shall create a 1-foot reserve strip along the northerly margin of Country Haven Drive. The reserve strip shall be noted on the final plat as a 1-foot Reserve Strip “A” and shall be conveyed to the City on a standard City form which shall be subject to review, approval and concurrent recording with the final plat. 2. Prior to final plat approval, the street identified on the site plan as “Audrina Lane” shall be labeled as “Lathen Way.” 3. Prior to final plat approval, a PEPI permit shall be issued for the construction of the public wastewater mainline in Walton Lane, together with any easements or right-of- way necessary to facilitate the construction of the wastewater and that portion of the Walton Lane street improvements proposed on the tentative plat. In lieu of a PEPI permit, a bond or other financial instrument guaranteeing the construction of public improvements shall be submitted by the applicant and accepted by the City Engineer. 4. Prior to final plat approval, a PEPI permit shall be issued for the construction of public improvements. In lieu of a PEPI permit, a bond or other financial instrument guaranteeing the construction of public improvements shall be submitted by the applicant and accepted by the City Engineer. Lathen Trust/Country Haven Subdivision (Z 14-4, ST 14-6 & ARA 14-15) November 2014 28  5. Prior to final plat approval, the applicant shall submit a street tree agreement application with a street tree plan to the City Urban Forester for review. The applicant will be required to submit a financial guarantee insuring street trees will be planted and maintained in accordance with applicable EC 7.280 requirements. The applicant shall obtain an approved street tree agreement prior to final plat approval. 6. Prior to final plat approval, the applicant shall provide documentation that EWEB has received a financial guarantee, ensuring water will be provided to each lot in the plat. It is noted that EWEB currently accepts cash payment, bond or an irrevocable letter of credit as financial guarantees. 7. Prior to final plat approval, the applicant shall submit an Irrevocable Petition for public improvements in Gilham Road to include paving, curb & gutters, storm drainage, sidewalks, street trees and street lights. 8. Prior to final plat approval, the existing house and accessory structures shall be removed. Alternatively, the applicant may provide a deed restriction for concurrent recording with the final plat that prohibits any of the proposed lots from being under separate ownership until the existing structures are removed. 9. Prior to final plat approval, applicant shall submit a revised final site plan that shows the location of the 6-foot wooden fence and the 15-foot building setback along the east boundary line of proposed lots 26, 27, 28, 29, and 30. To protect the critical root zones of the trees to be preserved along this boundary line, applicant shall consult with a certified arborist to determine the best location for the fence and how best to protect the trees from development activities. Applicant shall provide a copy of the certified arborist’s recommendation and report to the City for review. 10. Prior to final plat approval, applicant shall submit revised final site plans that show the location of the 6-foot wooden fence along the north property lines of proposed lots 15, 25, and 26. To establish the best location for the fence and to protect the critical root zones of the evergreen trees located approximately 10 feet north of the subject property, applicant shall consult with a certified arborist. Applicant shall provide a copy of the certified arborist’s recommendation and report to the City for review. 11. Prior to final plat approval, the applicant shall submit revised final site plans with the following note: “Protective fencing for trees identified to be preserved shall be installed under the direction of a certified arborist and inspected and approved by the City prior to beginning any construction related activities.” “All protective tree fencing shall remain in place until completion of all construction activities; any relocation or removal of the protective fencing shall also occur under Lathen Trust/Country Haven Subdivision (Z 14-4, ST 14-6 & ARA 14-15) November 2014 29  the direction of a certified arborist, with approval by the City.” 12. Prior to final plat approval, the applicant shall submit revised final site plans with the following note: “If a tree identified for preservation needs to be removed, justification of the removal must be documented by a certified arborist and provided to the City prior to removal.” “Trees that are removed will be replaced at a ratio of one (1) tree for each one (1) tree removed.” “Replacement trees shall be native species with a minimum caliper of 2” for deciduous canopy trees and a minimum height of 5’ for coniferous or evergreen trees.” “Replanting shall occur within one year of the removal. Planting, watering and general maintenance of replacement trees shall be conducted by the property owner in a manner that ensures their establishment and long-term survival.” Consistent with EC 9.7330, unless the applicant agrees to a longer time period, within 15 days following close of the public record, the Eugene Hearings Official shall approve, approve with conditions, or deny this application. The decision shall be based upon and be accompanied by findings that explain the criteria and standards considered relevant to the decision, stating the facts relied upon in rendering a decision and explaining the justification for the decision based upon the criteria, standards, and facts set forth. Notice of the written decision will be mailed in accordance with EC 9.7335. Within 12 days of the date the decision is mailed, it may be appealed to the Eugene Planning Commission as set forth in EC 9.7650 through EC 9.7685. Post Decision Staff’s recommendation to the Hearings Official includes conditions of approval that require a final site plan. EC 9.7225 states that, when the approval requires a final site plan, the applicant shall provide the City with four copies of the plans that meet the conditions of approval of the planning director’s decision. In this case, if the Hearings Official adopts the recommended conditions of approval, then a final site plan and performance agreement will be required to comply with the conditions of approval. Attachments The applicant’s full-size site plans, and the entire application file, are available for review at the Eugene Planning Division offices. The Hearings Official will receive a full set of record materials for review prior to the public hearing. All record materials will also be made available for review at the public hearing. For convenience, a vicinity map and a reduced version of the applicant’s site plans are attached for reference. Lathen Trust/Country Haven Subdivision (Z 14-4, ST 14-6 & ARA 14-15) November 2014 30 For More Information Please contact Rebekah Dohrman, Associate Planner, City of Eugene Planning Division, at: (541) 682-5317; or by e-mail, at: Rebekah.L.Dohrman@ci.eugene.or.us Lathen Trust/Country Haven Subdivision (Z 14-4, ST 14-6 & ARA 14-15) November 2014 31  Lathen Trust (Z 14-4) Zone Change Request: AG Agricultural to R-1 Low-Density Residential MIR ROR POND WAY CREEKSIDE WAY R-1/PD/WR NELSON LN AG/UL R-1/UL Area of Request CRIMSON AVE R-1 STERLING WOODS DR MARC ELL AD R-1/UL R R-1 DON JUAN AVE AVENGALE DR ASHBURY DR AG/UL COMSTOCK AVE GILHAM RD WALTON LN ST EYW OOD WESTER ST DO WN ´ ING HON TWIN ELMS DR ST Legend Eugene UGB September 3, 2014 Ft EUG 0 235 470 940 Caution: This map is based on imprecise source data, subject to change, Taxlots and for general reference only.