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, AUGUST 3, 2016 (5:00 p.m.) I. PUBLIC HEARING SUSTAINABLE HOUSING LLC (CU 16-3/ARA16-5) Request: Conditional use permit approval for a campus living organization use and adjustments to bicycle parking standards. Location: 648, 670, 672, and 674 East 16th Avenue 647, 685, and 695 East 16th Alley 1695 Patterson Street (Assessor’s Map/Tax Lot: 17-03-32-33/12300, 12400, and 13100) Applicant: WV Serenity Sustainable Housing, LLC Representative: Kristen Taylor, TBG Architects + Planners Lead City Staff: Althea Sullivan, Assistant Planner Telephone: (541) 682-5282 E-mail: althea.c.sullivan@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 CONDITIONAL USE PERMIT AND ADJUSTMENT REVIEW STAFF REPORT Application File Name (Number): Sustainable Housing LLC (CU 16-3/ ARA 16-5) Applicant’s Request: Conditional use permit approval for a campus living organization use and adjustments to bicycle parking standards. Applicant/Owner: Paul Rudinsky, WV Serenity Sustainable Housing, LLC Applicant’s Representative(s): Kristen Taylor, TBG Architects + Planners; 541-687-1010 Lead City Staff: Althea Sullivan, Assistant Planner, (541) 682-5282 Subject Property Location: Tax Lots 12300, 12400, and 13100 of Assessor’s Map 17-03-32-33; Located between Hilyard and Patterson Streets. Addresses: 648, 670, 672, and 674 East 16th Avenue 647, 685, and 695 East 16th Alley 1695 Patterson Street Existing Zoning: R-3 Limited High Density Residential Relevant Dates: Application submitted May 13, 2016; deemed incomplete June 1, 2016; supplemental materials submitted on June 6, 2016; application deemed complete at applicants request on June 6, 2016; public hearing scheduled for August 3, 2016. Sustainable Housing (CU 16-3) July 2016 1 HO Agenda - Page 1 Purpose of Staff Report Staff reports provide community members an opportunity to learn more about the land use request and to review staff analysis of the application. Staff reports are available seven days prior to the public hearing (see EC 9.7320). The staff report provides only preliminary information and recommendations. The Hearings Official will also consider additional public testimony and other materials presented at the public hearing before making a decision on the application. The Hearings Official’s written decision on the application is generally made within 15 days following close of the public record, following the public hearing (see EC 9.7330). For reference, the quasi- judicial hearing procedures applicable to this request are described at EC 9.7065 through EC 9.7095. Site Characteristics The subject site is .75 acres (32,670 square feet), and is comprised of three Tax Lots. All of the Tax Lots are located between Hilyard and Patterson Streets, Tax Lots 12300 and 13100 are located to the south of East 16th Avenue, and north of East 16th Alley, while Tax Lot 12400 is located south of East 16th Alley and north of East 17th Avenue. The property is zoned R-3 Limited High-Density Residential and is currently developed with 6 existing buildings. The existing buildings are referenced by the names currently associated with them, these names are subject to change by a future owner. Tax Lots 12300 and 13100  Annex: 2-story building – (5) 2-bedroom units and (1) 1-bedroom unit, totaling 12 occupants with beds;  Steinmuller: 2-story building – (10) 1-bedroom units, totaling 10 occupants with beds;  Kerns: 2-story building – shared community spaces such as study areas, laundry area, media room and meeting room;  Yosemite: 2-story building with a basement – shared community spaces such as study areas, laundry area, media room and meeting rooms; and  Rainbow: 2-story building – bicycle parking storage on the first floor and shared community spaces such as study areas, media room and meeting rooms. Tax Lot 12400  Sigmund: 1-story building – (8) 2-bedroom units, totaling 18 occupants with beds. It is noted that Tax Lot 12100, located at the corner of Patterson and East 16th Alley, is contiguous with the subject site and is under the same ownership. It was originally part of the Serenity Lane facility and has been converted, through the CUP process, to a Campus Living Organization (City file CU 15-2). Description of Requests The applicant requests conditional use permit (CUP) approval for a change of use from the former Serenity Lane Residential Treatment facility to a Campus Living Organization use, Sorority or Fraternity. The applicant has proposed the following changes to the site:  Replace windows with code-compliant egress windows as required in the Annex building;  Retrofit the Annex building for applicable ADA compliance as needed; Sustainable Housing (CU 16-3) July 2016 2 HO Agenda - Page 2   Add 20 long-term bicycle parking spaces as required for the Campus Living Organization use on the first floor of the Rainbow building (1 space per 2 occupants for which sleeping facilities are provided – there are 40 occupant beds); and  Add four short-term bicycle parking spaces (two hoops) in front of the Yosemite building next to the public sidewalk on East 16th Avenue per a neighbor’s suggestion during the last CUP process. The applicant has also requested adjustments to bicycle parking standards through an Adjustment Review (ARA). The applicant proposes to adjust spacing requirements for bicycle parking racks. The applicant met with staff on October 22, 2015 to discuss the proposal, in compliance with EC 9.7005 Pre-application Conference. The applicant held two neighborhood meetings the first on November 19, 2015 and the second on May 5, 2016. The first meeting only addressed Tax Lots 12300 and 13100, the second meeting was held because Tax Lot 12400 was added as part of the project site. The full project was presented at the second meeting on May 5, 2016 in compliance with EC 9.7007 Neighborhood/Applicant Meetings. Application Referrals and Public Hearing Notice Public notice of the subject applications was mailed on July 1, 2016, and posted on July 6, 2016, consistent with the requirements of EC 9.7315 Public Hearing Notice. The July 1, 2016 notice contained a vicinity map, which incorrectly included Tax Lot 12500, and excluded Tax Lot 13100. A second notice was sent on July 12, 2016 which included a corrected vicinity map. The Planning Division has received no public testimony at the time of publication of this staff report. Any testimony received following the completion of this staff report, and prior to the public hearing, will be presented to the Hearings Official at the hearing. The Planning Division also provided information concerning the application to other appropriate City departments, public agencies, service providers, and the affected neighborhood group. All referral comments received by the Planning Division on this application are included in the application file for reference, and addressed in the context of applicable approval criteria and standards in the following evaluation. The following evaluation is broken into two sections, the first evaluates the applicant’s request for Conditional Use Permit (CUP) approval for a change of use. The second part evaluates the applicant’s request to adjust bicycle parking standards through an Adjustment Review (ARA). Concurrent review of these applications is allowed per EC 9.8005. Section 1: Evaluation of Conditional Use Permit In accordance with EC 9.7330, the Hearings Official is required to approve, approve with conditions, or deny a Type III land use application. The decision must be based on, and be accompanied by, findings that explain the criteria and standards considered relevant to the decision. It must also state the facts relied upon in rendering the decision, and explain the justification for the decision based upon the criteria, standards, and facts set forth. To assist the Hearings Official in rendering a decision on the application, staff presents the following conditional use permit approval criteria (shown below in bold typeface), with findings Sustainable Housing (CU 16-3) July 2016 3 HO Agenda - Page 3 related to each, based on the evidence available as of the date of this staff report. Staff has also provided a recommendation to the Hearings Official following the staff evaluation, below. EC 9.8090(1): The proposal is consistent with applicable provisions of the Metro Plan and applicable refinement plans. With regard to provisions of the Metro Plan, the current R-3 Limited High-Density Residential zoning is consistent with the Metro Plan designation of High Density Residential for the site. The proposed campus living organization use is allowed subject to a CUP under the heading “Campus Living Organization” of EC Table 9.2740 Residential Zone Land Uses and Permit Requirements. Campus living organizations are not permitted in R-1 and R-2 zones, and are permitted outright in R-4 zones. Chapter 9 of the Eugene Land Use Code defines Campus Living Organization as “A structure having sleeping facilities and a common kitchen, used for providing living facilities for a student organization, including a fraternity or sorority, that received official sanction from an institution of higher learning.” Staff confirms that the proposed use meets the definition for a campus living organization. While staff believes there are no Metro Plan policies that would serve as mandatory approval criteria for the subject request, the applicant has presented various policies that support the proposed use in their written narrative, which is incorporated herein by reference. Staff has selected 3 policies that were examined by the applicant and included them below:  Provide opportunities for a full range of choice in housing type, density, size, cost, and location (Residential Land Use and Housing Element, Policy A.17, Page III-A-8).  Encourage residential developments in or near downtown core areas in both cities. (Residential Land Use and Housing Element, Policy A.19, Page III-A-9). Consistent with the two policies above, the proposed project will provide additional student housing opportunities in the West University Neighborhood (near both the University and downtown). Further, the proposed campus living organization will provide a different housing type than the apartments and single family homes that dominate the area.  Efforts shall be made to save existing structures that merit saving because of structural soundness and/or historical significance (Land Use, Housing, and Commerce, Policy 7, Page 49). Consistent with this policy, the project will reuse buildings that are structurally sound and in overall good shape. Transitioning to the new use will be relatively easy considering the existing structures supported a quasi-residential use (housing for treatment center patients). The applicable refinement plan is the West University Refinement Plan. The plan designates the property as low-medium density residential and specifically discusses the “Hilyard to Patterson Area” and the Serenity Lane clinic: Sustainable Housing (CU 16-3) July 2016 4 HO Agenda - Page 4  “The area between Hilyard and Patterson from 18th to the alley south of 13th is currently zoned R-3 and is developed with mostly single-family dwellings and apartment buildings. This area should be a buffer between the campus high-density housing area and the woonerf residential area to the west. The area is residential in character and should remain so. No new clinics will be allowed in this area. Serenity Lane, like the other existing clinics and hospitals south of 13th Avenue, may remain and expand as a conditional use onto land under development control as of December 1, 1981” (page 62). The proposed project is consistent with the statement above, as it encourages residential uses in the area that encompasses the subject site. In effect, the proposed campus living use would bring the site into closer compliance with the Refinement Plan. The West University Refinement Plan also includes the following relevant policies:  The City shall encourage residential uses in all parts of the plan area (Policy 9, Page 50). The project is consistent with this policy as the site is within the “plan area” and a residential use is proposed.  Conversion of large single-family dwellings or non-residential structures to multiple smaller units should be encouraged as a way to increase density in a way that is preferable to redevelopment (Policy 13, Page 53). While the structure is not being converted into “smaller units” (i.e. studio apartments), the intent of this policy is met because the existing treatment center use would be replaced by a high density residential use. Based on these findings, EC 9.8090(1) is met. EC 9.8090(2): The location, size, design, and operating characteristics of the proposal are reasonably compatible with and have minimal impact on the livability or appropriate development of surrounding property, as they relate to the following factors: (a) The proposed building(s) mass and scale are physically suitable for the type and density of use being proposed. The applicant’s written statement and project plans confirm that the project will not change the mass or scale of the existing 6 buildings. It is also noted that modifications to the buildings primarily consist of minor code improvements. The applicant also states that the existing buildings are suitable for the use and large enough to accommodate the 40 proposed future occupants. (b) The proposed structures, parking lots, outdoor use areas or other site improvements which could cause substantial off-site impacts such as noise, glare and odors are oriented away from nearby residential uses and/or are adequately mitigated through other design techniques, such as screening and increased setbacks. The applicant proposes no new buildings or parking lots, and the site layout will remain in its current condition. The building located on Tax Lot 12400 will primarily be used as a sleeping Sustainable Housing (CU 16-3) July 2016 5 HO Agenda - Page 5 facility, outdoor areas are located on Tax Lots 12300, and 13100. The outdoor area on Tax Lots 12300 and 13100 is located between existing buildings on the subject site, which serve to buffer off-site impacts. The area around the subject site is fully developed with single-family and apartment dwellings. Staff finds that the existing design features minimize off-site impacts, and finds that no additional mitigation is needed. EC Table 9.6510 Required Off-Street Motor Vehicle Parking requires campus living organizations to have 1 vehicle parking space for each 3 occupants for which sleeping facilities are provided. The applicant proposes to provide sleeping facilities for 40 residents, which translates to a parking requirement of 14 spaces. As noted on project plans, the applicant has calculated the parking requirement for the subject property plus adjacent properties under common ownership (Tax Lot 12100) with the intention of creating a shared parking scenario. The campus living organization on Tax Lot 12100 requires 23 vehicle parking spaces, which brings the total required parking to 37 spaces for the development site. A 25 percent reduction to this minimum parking requirement is allowed as a right of development by EC 9.6410(3)(a), which reduces the parking requirement to 28 spaces. There are 40 existing vehicle parking spaces on the development site, which exceeds the minimum required number of spaces. While the current development site meets parking standards, the applicant should also note that future changes (i.e. change in ownership or new development) will require involved parties to address onsite parking to ensure compliance. Future intensification of uses on the site, for example, would likely require construction of new parking areas or procurement of an off-site parking agreement. For additional details regarding the parking calculations and configurations, please see Sheet A1 of the applicant’s site plans. (c) If the proposal involves a residential use, the project is designed, sited and/or adequately buffered to minimize off-site impacts which could adversely affect the future residents of the subject property. The intention of this subsection is to address situations where residential uses are proposed near existing incompatible uses normally associated with industrial and commercial zones. In this case, the subject site is surrounded by medium and high density residential uses that function similarly to the proposed use. Because it is not expected that nearby uses will negatively impact future residents of the campus living organization, no mitigation to address the above criterion is necessary. Based on these findings, EC 9.8090(2) is met. EC 9.8090(3): The location, design, and related features of the proposal provides a convenient and functional living, working, shopping or civic environment, and is as attractive as the nature of the use and its location and setting warrant. Sustainable Housing (CU 16-3) July 2016 6 HO Agenda - Page 6 The area surrounding the subject property has a mix of uses, but is mostly developed with medium to high density residential uses that accommodate University of Oregon students. The site is within convenient walking/biking distance from downtown Eugene, the University of Oregon, shopping centers, and various services. In particular, the site is in close proximity to a large supermarket, a dry cleaner, a gas station, and various restaurants both on 18 th Avenue and near the UO campus. A convenience store, Hilyard Street Market, also exists on the same block as the subject site at the corner of Hilyard Street and 17th Avenue. Based on these findings, EC 9.8090(3) is met. EC 9.8090(4): The proposal demonstrates adequate and safe circulation exists for the following: (a) Vehicular access to and from the proposed site, and on-site circulation and emergency response. Existing on-site parking spaces are adjacent to and accessed from East 16th alley. The proposal will not impact existing circulation patterns, and revisions to existing access connections are neither proposed nor required per the findings provided at EC 9.6735 Public Access Required. Existing pedestrian paths provide on-site circulation, and connections to public sidewalks. Referral comments from the Fire Marshal’s Office, which are incorporated herein by reference, confirm that existing fire hydrants provide coverage for the buildings. Based on these findings, this criterion is met. (b) Pedestrian, bicycle and transit circulation, including related facilities, as needed among buildings and related uses on the development site, as well as to adjacent and nearby residential areas, transit stops, neighborhood activity centers, office parks, and industrial parks, provided the City makes findings to demonstrate consistency with constitutional requirements. “Nearby” means uses within 1/4 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. There are LTD bus stops well within ¼ mile, with the nearest stop existing at the northwest corner of 17th and Patterson. Another nearby stop exists on Hilyard Street between 17 th and 18th Avenues. The site is also near Hilyard Street, which has a northward bike lane, and Alder Street to the east which has north/south bike lanes. The Alder Street bike facility, which exists only two blocks from the subject site, is a safe and convenient connection between the subject site, downtown, and the University. As mentioned before, the subject site is also within easy walking/biking distance of the University of Oregon. While the University’s primary function revolves around education, it also serves as the primary activity and recreational center for the West University Neighborhood. To serve residents, the applicant is proposing 40 long-term bicycle parking spaces (1 space per 2 occupants w/ beds is required). The applicant’s proposal to place these parking spaces in the Rainbow building is a satisfactory way to meet long term parking requirements. Adjustments to Sustainable Housing (CU 16-3) July 2016 7 HO Agenda - Page 7 spacing of bicycle parking is addressed in Section 2: Evaluation of Adjustment Review Application. The applicant also proposes to add four short-term bicycle parking spaces which staff finds will further enhance circulation. Based on these findings and conditions, EC 9.8090(4) is met. EC 9.8090(5): The proposal is designed and sited to 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 and perennial stream corridors, and riparian areas. e. Natural resource areas 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. The subject site is not included as part of the City’s acknowledged Goal 5 inventory, moreover, the site is fully developed and would not meet any of the above standards that would require protection of natural features. Therefore, this criterion does not apply. (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 located along a water feature; Sustainable Housing (CU 16-3) July 2016 8 HO Agenda - Page 8  10. Heritage trees. The applicant has stated that 6 significant trees exist on the subject site, all of which will be retained. The applicant has also made it clear that the proposed addition of a 42 square foot concrete pad, for bicycle parking, will not impact the trees. Staff concurs with the applicant, and finds that this criterion is met. (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 significant natural features described in criteria (a) and (b) above shall be consistent with the acknowledged level of protection for the features. This criterion does not apply as the site is already developed and no additional natural features will be lost. (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. This subsection is not applicable since the proposal does not involve the removal of trees located within existing public rights-of-way. Based on these findings, EC 9.8090(5) is met. EC 9.8090(6): The proposal provides adequate public facilities and services including, but not limited to utilities, streets, and other infrastructure. Public Works staff confirms that although no public improvements are proposed, the existing street system and public utilities can adequately serve the proposed development per the findings provided below at EC 9.8090(8)(b), (8)(d) and (8)(e). Based on these findings, EC 9.8090(6) is met. EC 9.8090(7): The proposal does not create any significant risk to public health and safety, including but not limited to soil erosion and flood hazard, or an impediment to emergency response. Sustainable Housing (CU 16-3) July 2016 9 HO Agenda - Page 9 The subject property is not located within a regulatory Special Flood Hazard Area, as mapped by the Federal Emergency Management Agency (FEMA) on Flood Insurance Rate Map (FIRM) 41039C- 1137-F, dated June 2, 1999. Further, referral comments confirm that the project does not create an impediment to emergency response. Based on these findings, EC 9.8090(7) is met. EC 9.8090(8): The proposal complies with all applicable standards, including but not limited to: (a) EC 9.2000 through 9.3915 regarding lot dimensions, solar standards, and density requirements for the subject zone; The applicant has provided a thorough analysis of lot dimensions, solar standards, and density requirements, which are incorporated herein by reference. Staff concurs with the applicant’s analysis that lot dimensions, and solar standards do not apply to the site as no land division or new structures are proposed. Staff also concurs with the applicant’s statement that Campus Living Organizations are exempt from density as no method for calculating density is provided, and in other unique uses, a method has been provided. Based on these findings, EC 9.8090(8)(a) is met. (b) EC 9.6500 through EC 9.6505 Public Improvement Standards EC 9.6500 Easements authorizes the City to require dedication of easements for public utilities and access under certain circumstances. The applicant does not propose nor has Public Works staff identified the need for additional public easements to address stormwater or wastewater needs for present or future development of the area. EC 9.6505 Public Improvement Standards requires that all public improvements be designed and constructed in accordance with adopted plans, policies, procedures and standards specified in EC Chapter 7. No public improvements are proposed or required of this development; however, all developments are required to make and be served by the infrastructure improvements described below. With regard to EC 9.6505(1) Water Supply, EWEB referral comments, which are incorporated herein by reference, confirm that water service to each of the parcels currently exists. With regard to EC 9.6505(2) Sewage, referral comments from Public Works staff confirm that the proposed development complies with this requirement as existing development on the site is served with connections to the 8” public wastewater line in East 16th Avenue, and to the 10” public line in East 17th Avenue, adjacent to the site. With regard to EC 9.6505(3) and (4) Streets, Alleys, and Sidewalk, EC 9.6505(3)(a) does not apply because there are no streets within the development. Unless adjacent streets and alleys are already improved to City standards, EC 9.6505(3)(b) requires the developer to pave streets and Sustainable Housing (CU 16-3) July 2016 10 HO Agenda - Page 10 alleys adjacent to the development site to the width specified in EC 9.6870 Street Width and to construct related street improvements: drainage, curb and gutter, sidewalks, street trees, and street lights. The standard at (3)(b) may be adjusted if consistent with the criteria of EC 9.8030(19). As noted in the Public Works referral commends under EC 9.6870, which is incorporated herein by reference, Patterson Street, East 16th Avenue, and East 17th Avenue are fully improved with paving, sidewalks, street lights and street trees. As such, this criterion is met and the standards of EC 9.6505(4) do not apply. With regard to EC 9.6505(5) Bicycle Paths and Accessways, no bicycle paths or public access ways are required per the findings at EC 9.6835, which are incorporated by reference. (c) EC 9.6735 Public Access Required The lots included in this application have access to East 16th Avenue, East 17th Avenue, and East 16th Alley, all of which are public rights-of-way. Referral comments from Public Works staff, which are incorporated herein by reference, confirm that this standard is met. (d) EC 9.6791 through EC 9.6797 Stormwater Management EC 9.6791 Stormwater Flood Control: The proposed development is located in two drainage basins – sub-basin WRMR-040 of the City’s Willamette River Basin and sub-basin AMMD-145 of the City’s Amazon Basin. Public Works staff confirms that no downstream capacity deficiencies are identified in Volume VI, Willamette River Basin or Volume II, Amazon Basin of the City’s Stormwater Basin Master Plan. Public Works staff notes that new impervious areas may trigger the flood control (drainage destination) standards of EC 9.6791, which will be further evaluated through the building permit review process. EC 9.6792 Stormwater Pollution Reduction: The standard in EC 9.6792(3)(a) applies to all land use applications not proposing construction of a public street, private street or shared driveway. The applicant has stated that the subject site has type C/D soil; bedrock less than 5 feet below the ground surface; groundwater elevations are less than 6 feet; and ground surface slopes are less than 10%. Public Works staff confirms that the subject site is shown on the map of infiltration- limited areas in the City’s Stormwater Management Manual. Public Works staff notes that at the time of building permit, the development will be evaluated for the applicability standards of EC 9.6792(2)(d) to determine whether the standards of EC 9.6792(3) apply. EC 9.6793 through EC 9.6796: Because the proposed development is at an elevation less than 500 feet and does not drain to a headwaters facility, does not generate high concentrations of oil and grease, will not result in new uses or characteristics listed in EC 9.6795 (2)(a)-(h), and does not employ public maintenance of a pollution reduction facility; these standards are not applicable. Sustainable Housing (CU 16-3) July 2016 11 HO Agenda - Page 11 EC 9.6797 Stormwater Operations and Maintenance: Any Stormwater facilities constructed within the proposed development shall be operated and maintained in accordance with EC Chapters 6 and 7, and the Stormwater Management Manual. The applicability of this standard will be evaluated at the time of building permit. (e) EC 9.6800 through EC 9.6875 Standards for Streets, Alleys, and Other Public Ways Referral comments from Public Works staff confirm that the proposal meets all applicable standards for streets, alleys and other public ways; an evaluation of each applicable street standard is provided in the referral comments, which are available in the application file for reference. (f) Where the proposal is to establish non-residential uses subject to residential density requirements on development sites in the residential zone category… This standard does not apply as the project would establish a residential use. EC 9.8090(9): The proposal complies with the Traffic Impact Analysis Review provisions of EC 9.8650 through 9.8680 where applicable. Public Works staff concur with the applicant’s assertion that the proposal does not meet any of the thresholds established in EC 9.8650 through 9.8680. Accordingly, there is no requirement for a Traffic Impact Analysis. Section 2: Evaluation of Adjustment Review Application The applicant has requested to adjust EC 9.6105(2)(b) - Bicycle Parking Space Standards, which sets requirements for the design and spacing of bicycle parking. This standard is adjustable if consistent with the criteria at EC 9.8030(9) which is evaluated below. EC 9.8030(9) – Bicycle Parking Standards Adjustment: Where this land use code provides that the bicycle parking standards may be adjusted, the standards may be adjusted upon finding that the design achieves all of the following: (a) Consistency with EC 9.6100 Purpose of Bicycle Parking Standards; and The applicant has provided a detailed explanation of how the proposed bicycle parking is consistent with EC 9.6100 Purpose of Bicycle Parking Standards, which is incorporated herein by reference. Staff generally concurs with the applicant’s statement, this standard is met. (b) Shared bicycle parking remains convenient and clearly visible for users. The applicant states that the long-term bicycle parking is provided to accommodate members of the campus living organization and known visitors who intend to stay for longer than 2 hours. The location of this parking will be in the first floor of the Rainbow building, which is easily accessible from paths that connect to the sidewalks, and parking areas. With the intent of this parking being secure, it is logical that it be located inside a building. The applicant has also proposed an Sustainable Housing (CU 16-3) July 2016 12 HO Agenda - Page 12 additional 4 outdoor parking spaces located near the common area on Tax Lots 12300 and 13100. Staff finds that this parking will be visible and easily accessible, for visitors of the site. Based on the above findings, EC 9.8030(9) is met. Staff Recommendation Based on the available evidence, and consistent with the preceding findings, staff recommends the Hearings Official approve the conditional use permit and adjustment review. 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 Type III 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. 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 application materials for review prior to the public hearing. These materials will also be made available for review at the public hearing. Attachment A: Vicinity Map Attachment B: Applicant’s Site Plan (reduced) Attachment C: Referral comments from Public Works, Eugene Water & Electric Board, and the Fire Marshal’s Office. For More Information Please contact Althea Sullivan, Assistant Planner, City of Eugene Planning Division, at: (541) 682-5282; or by e-mail, at: althea.c.sullivan@ci.eugene.or.us Sustainable Housing (CU 16-3) July 2016 13 HO Agenda - Page 13  Vicinity Map Attachment A E 15TH ALY E 16TH AVE HILYARD ST E 16TH ALY PATTERSON ALY E 17TH AVE PATTERSON ST HILYARD ALY 7TH ALY Legend Caution: ´ This map is based on imprecise source data, subject to change, Subject Site and for general reference only. Ft 0 40 80 160 7/27/2016 HO Agenda - Page 14 HO Agenda - Page 15 3N3Is 6OVZ6 NO° JOi10'mi - 133NUS NOSNOilVd 9696 ONV A3TlV H19 6 3 969 9 999 `Lb9' 3nNDAV 4196 3 ZL9 9 OL9'8b9 e J a O-n ONisnOH 3- 10VNivis 1S AlIN3213S AM p NOUVAON~RI Z AiIND~ JDS AM o 0 0 co E o- o= J p_ - W a a- F- a c J Q 0 w~ d Y w - - z zm zN F> ow J L n ~ a I° z s w zp z w F z ~ .~. o ap [ a q If q 7 w„ ry 3~~ leau ns3,~,~ ~ a s~> w Cl) ao~ w U 0 J mo z o w O w w J o a m_ W~= 0 0 O J w I I I I z m= I I r ~ n¢ r I r I I O nn LL 2 O c O e c e~ 00 I Z q I I I Il I C; z J I I H - I I CO IW I dA I I ICI ~ x IF W H K 2 y IU O 08 O v V w I I O o I3AdiS d NOS' d311S' Attachment B  Attachment C PUBLIC WORKS REFERRAL RESPONSE CONDITIONAL USE PERMIT - GENERAL CRITERIA Date: June 22, 2016 To: Althea Sullivan, Planning Division From: Donna Stark, Public Works Engineering Subject: CU16-03 Sustainable Housing LLC Disclaimer: The following referral comments from Public Works staff reflect a preliminary evaluation of compliance with applicable approval standards and criteria. These referral comments include draft findings and recommended conditions of approval, as well as related informational items, relevant to surveying, engineering, transportation, and maintenance issues identified by Public Works staff in the context of the applicable standards and criteria. These referral comments are intended for review by Planning staff, for incorporation into the City’s written decision on the subject application, however, they do not represent a final determination of compliance with the applicable approval standards and criteria. It is acknowledged these referral comments are subject to revision upon further coordination with other affected City departments and utility providers. Summary: Public Works staff recommends conditional approval of the conditional use application based on the following evaluation of the criteria specific to our area of expertise. 9.8090 Conditional Use Permit Approval Criteria - General (4) The proposal demonstrates adequate and safe circulation exists for the following: (a) Vehicular access to and from the proposed site, and on-site circulation and emergency response. Existing on-site parking spaces are adjacent to and accessed from East 16th alley. The proposal will not impact existing circulation patterns, and revisions to existing access connections are neither proposed nor required per the findings provided at EC 9.6735 Public Access Required. Evaluation of access and on-site circulation for emergency response will be further evaluated by the Fire Marshal’s Office. Based on these findings, this criterion is met. (b) Pedestrian, bicycle and transit circulation, including related facilities, as needed among buildings and related uses on the development site, as well as to adjacent and nearby residential areas, transit stops, neighborhood activity centers, office parks, and industrial parks, provided the City makes findings to demonstrate consistency with constitutional requirements. “Nearby” means uses within 1/4 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. CU 16-03 Sustainable Housing LLC Page 1 of 7 HO Agenda - Page 16  Attachment C Per planning review. (5) The proposal is designed and sited to minimize impacts to the natural environment by addressing the following: (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. Since the proposal does not involve the removal of trees located within existing public rights-of- way, this criterion is not applicable. (6) The proposal provides adequate public facilities and services including, but not limited to utilities, streets, and other infrastructure. Public Works staff confirms that although no public improvements are proposed, the existing street system and public utilities can adequately serve the proposed development per the findings provided at EC 9.8090(8)(b), (8)(d) and (8)(e). (7) The proposal does not create any significant risk to public health and safety, including but not limited to soil erosion and flood hazard, or an impediment to emergency response. The subject property is not located within a regulatory Special Flood Hazard Area, as mapped by the Federal Emergency Management Agency (FEMA) on Flood Insurance Rate Map (FIRM) 41039C-1137-F, dated June 2, 1999. PW staff defer to the Fire Marshal’s office for potential impediments to emergency response. (8) The proposal complies with all applicable standards, including but not limited to: (b) EC 9.6500 through EC 9.6505 Public Improvement Standards 9.6500 Easements This section authorizes the City to require dedication of easements for public utilities and access under certain circumstances. The applicant does not propose nor has Public Works staff identified the need for additional public easements to address stormwater or wastewater needs for present or future development of the area. In the event, a PUE is required by a referral agency other than Public Works, the following informational note is pertinent. Pursuant to EC 9.6500(3), the final site plan shall note the following restriction: No building, structure, tree, or other obstruction shall be placed or located on or in a public utility easement. Based on these findings, the proposal complies with EC 9.6500. 9.6505 Improvements – Specifications This section requires that all public improvements be designed and constructed in accordance with adopted plans, policies, procedures and standards specified in EC Chapter 7. No public CU 16-03 Sustainable Housing LLC Page 2 of 7 HO Agenda - Page 17  Attachment C improvements are proposed or required of this development; however, all developments are required to make and be served by the infrastructure improvements described below. 1) Water Supply Per EWEB referral 2) Sewage All developments are to be served by wastewater sewage systems of the city, in compliance with the provisions of Chapter 6 of this code. The proposed development complies with this requirement as existing development on the site is served with connections to the 8” public wastewater line in East 16th Avenue, and to the 10” public line in East 17th Avenue, adjacent to the site. 3) Streets and Alleys and 4) Sidewalks EC 9.6505(3)(a) does not apply because there are no streets within the development. Unless adjacent streets and alleys are already improved to City standards, EC 9.6505(3)(b) requires the developer to pave streets and alleys adjacent to the development site to the width specified in EC 9.6870 Street Width and to construct related street improvements: drainage, curb and gutter, sidewalks, street trees, and street lights. The standard at (3)(b) may be adjusted if consistent with the criteria of EC 9.8030(19). As noted in EC 9.6870, which is incorporated herein by reference, Patterson Street, East 16th Avenue, and East 17th Avenue are fully improved with paving, sidewalks, street lights and street trees. As such, this criterion is met and the standards of EC 9.6505(4) do not apply. 5) Bicycle Paths and Accessways No bicycle paths or public access ways are required per the findings at EC 9.6835, which are incorporated by reference. (c) EC 9.6735 Public Access Required (1) 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. The lots included in this application have access to East 16th Avenue and East 17th Avenue, both local streets, and East 16th Alley, all of which are either a public street or alley located within public rights-of-way. (2) Access from a public street to a development site shall be located in accordance with EC 7.420 Access Connections – Location. If a development will increase the development site’s peak hour trip generation by less than 50% and will generate less than 20 additional peak hour trips, the development site’s existing access connections are CU 16-03 Sustainable Housing LLC Page 3 of 7 HO Agenda - Page 18  Attachment C exempt from this standard. The applicant has provided an analysis of the trips generated by the existing and proposed uses, showing that the site’s peak hour trip generation will increase by less than 50% and will generate less than 20 additional peak hour trips. Public Works staff concur with the analysis provided and the conclusion that the site qualifies for the exemption provided in EC 9.6735(2). (3) The standard at (2) may be adjusted if consistent with the criteria of EC 9.8030(28). Based on the foregoing findings, the development complies with these standards and no adjustment is necessary. (d) EC 9.6791 through EC 9.6797 Stormwater Management EC 9.6791 Stormwater Flood Control The proposed development is located in two drainage basins – sub-basin WRMR-040 of the City’s Willamette River Basin and sub-basin AMMD-145 of the City’s Amazon Basin. Public Works staff confirms that no downstream capacity deficiencies are identified in Volume VI, Willamette River Basin or Volume II, Amazon Basin of the City’s Stormwater Basin Master Plan. New impervious areas may trigger the flood control (drainage destination) standards of EC 9.6791, which will be further through the building permit review process. EC 9.6792 Stormwater Pollution Reduction The standard in EC 9.6792(3)(a) applies to all land use applications not proposing construction of a public street, private street or shared driveway, and requires the site plan show the following conditions: 1. Infiltration rates less than 2 inches per hour; 2. Bedrock less than 5 feet below the ground surface; 3. Groundwater elevations less than 6 feet; or, 4. Ground surface slopes greater than 10%. Staff confirms that the site is shown on the map of infiltration-limited areas in the City’s Stormwater Management Manual. At the time of building permit, the development will be evaluated for the applicability standards of EC 9.6792(2)(d) to determine whether the standards of EC 9.6792(3) apply. EC 9.6793 through EC 9.6796 Because the proposed development is at an elevation less than 500 feet and does not drain to a headwaters facility, does not generate high concentrations of oil and grease, will not result in new uses or characteristics listed in EC 9.6795 (2)(a)-(h), and does not employ public maintenance of a pollution reduction facility; these standards are not applicable. CU 16-03 Sustainable Housing LLC Page 4 of 7 HO Agenda - Page 19  Attachment C EC 9.6797 Stormwater Operations and Maintenance Any Stormwater facilities constructed within the proposed development shall be operated and maintained in accordance with EC Chapters 6 and 7, and the Stormwater Management Manual. The applicability of this standard will be evaluated at the time of building permit. (e)EC 9.6800 through EC 9.6870 Standards for Streets, Alleys, and Other Public Ways As no streets are proposed or required, there is no requirement for the dedication of right of way. EC 9.6810 Block Length The block length requirements are not applicable in this instance because no new streets are proposed or required. EC 9.6815 Connectivity for Streets These standards require developments to include street extensions to complete the existing street network and to serve undeveloped or partially developed adjacent lands. A new street through the subject property is not needed to complete the street network or serve adjacent lands and is precluded by the developed nature of the surrounding properties. Based on these findings, an exception from these standards is warranted pursuant to EC 9.6815(2)(g)(2). EC 9.6820Cul-de-Sacs and Turnarounds These standards do not apply because no new cul-de-sacs or streets are proposed or required. EC 9.6830 Intersections of Streets and Alleys This standard does not apply because no new intersections are proposed. 9.6835 Public Accessways This standard does not apply as there are no existing or potential accessways on adjacent sites that dictate the dedication or construction of a public access way. EC 9.6840 Reserve Strips This standard does not apply because no new streets are proposed or required. EC 9.6845 Special Safety Requirements This standard does not apply because street improvements are not proposed or required. EC 9.6850 Street Classification Map This standard does not apply because no new streets are proposed or required. EC 9.6855 Street Names This standard does not apply because no new streets are proposed or required. CU 16-03 Sustainable Housing LLC Page 5 of 7 HO Agenda - Page 20  Attachment C EC 9.6860 Street Right-of-Way Map The proposal does not amend the right-of-way map. This criterion is not applicable. EC 9.6870 Street Width Pursuant to EC 9.6870, 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”, although a greater width can 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 director necessitate a greater street width. Patterson Street is adjacent to the west and 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), functions as a minor arterial street. Per Table 9.6870, minor arterial streets are required to have between 46 and 70 feet of paving within 65 to 100 feet of right-of-way. Patterson Street is within a 66 foot right-of-way and is fully improved with paving, curbs and gutters, setback sidewalks, street lights and street trees. Since the existing 66 foot right-of-way is within the required range for minor arterial streets, no additional right-of-way is required. East 16th Avenue and East 17th Avenues, local streets adjacent to the north and south, are also fully improved with paving, curbs and gutters, sidewalks, street lights, and street trees. With a right-of-way width of 66 feet and a paving width of 34 feet, no additional right-of-way is required. EC 9.6875 Private Street Design Standards These standards do not apply because no private streets are proposed. (9) The proposal complies with the Traffic Impact Analysis Review provisions of EC 9.8650 through 9.8680 where applicable. Public Works staff concur with the applicant’s assertion that the proposal does not meet any of the thresholds established in EC 9.8650 through 9.8680. Accordingly, there is no requirement for a Traffic Impact Analysis. CONCLUSION Public Works staff recommends the following conditions of approval:  In the event a Public Utility Easement is required by a referral agency other than Public Works, the following informational note is pertinent. Pursuant to EC 9.6500(3), the CU 16-03 Sustainable Housing LLC Page 6 of 7 HO Agenda - Page 21  Attachment C final site plan shall note the following restriction: No permanent building, structure, tree or other obstruction shall be placed or located on or in a public utility easement. INFORMATIONAL ITEMS:  The Stormwater Flood Control, Stormwater Quality, and Stormwater Operations and Maintenance standards of EC 9.6791, EC 9.6792, and EC 9.6797 will be further evaluated through the building permit process. CU 16-03 Sustainable Housing LLC Page 7 of 7 HO Agenda - Page 22  Attachment C Eugene Water & Electric Board 4200 Roosevelt Blvd. P.O. Box 10148 Eugene, OR 97440-2148 June 28, 2016 City of Eugene Planning Division Attn: Althea Sullivan 99 W 10th Ave. Eugene, OR 97401 Re: CU-16-3 E 16th Ave., E 16th Alley, 1695 Patterson St. Dear Althea, EWEB staff has reviewed the Land Use Referral: CU-16-3 E 16th Ave., E 16th Alley, 1695 Patterson St. Map: 17-03-32-33, TL 12300, 12400, and have no objections to the proposed land-use action assuming the following comments and conditions are required to be addressed by the applicant prior to obtaining electric, water, and/or Fiber services from EWEB. General Comments: Utility services for development are provided in accordance with EWEB policies and procedures which are available at our main office or online at http://www.eweb.org/policies. Electric Comments: EWEB electric has no objections to the proposed change of use for the existing buildings located on tax lots 12300, 12400 & 13100 at the intersection of Patterson Street and E. 16th Ave. Per EWEB Policy and Procedures, Section E-1-15 the applicant shall notify EWEB of any additional new load to allow EWEB to determine if the existing distribution facilities are capable of carrying new load additions. Electric comments or questions can be directed to: Jon Thomas Planner III Eugene Water & Electric Board Office/Fax 541-685-7472; jon.thomas@eweb.org Water Comments: EWEB water has no objections to the proposed change of use for the existing buildings located on tax lots 12300, 12400 & 13100 at the intersection of Patterson Street and E. 16th Ave. There are existing water services to each of the parcels. Land Use: CU-16-3 E 16th Ave., E 16th Alley, 1695 Patterson St. Page 1 of 3 HO Agenda - Page 23  Attachment C Eugene Water & Electric Board 4200 Roosevelt Blvd. P.O. Box 10148 Eugene, OR 97440-2148 Water comments or questions can be directed to: Bill Johnson Water Engineering Technician IV Eugene Water & Electric Board Office/Fax 541-685-7377; bill.johnson@eweb.org Right-of-Way Comments: For information purposes only, map and tax lot #17-03-32-33-13100 has an existing EWEB easement, per instrument number 7401380, Reel 673, Recorded on January 14, 1974, Lane County OFFICIAL Records. No additional comments. Right-of-Way comments or questions can be directed to: Gina Hobie Administrative Assistant III Eugene Water & Electric Board Office/Fax 541-685-7433; gina.hobie@eweb.org As always, EWEB recommends property owners and contractors call for locates before digging for installation of any underground supports to verify that no utility facilities will be affected by this construction. Sincerely, Michele Klemp Mel Damewood Engineering Administrative Assistant Engineering Manager Eugene Water & Electric Board Eugene Water & Electric Board 541-685-7325; michele.klemp@eweb.org 541-685-7145; mel.damewood@eweb.org Land Use: CU-16-3 E 16th Ave., E 16th Alley, 1695 Patterson St. Page 2 of 3 HO Agenda - Page 24  Attachment C Eugene Water & Electric Board 4200 Roosevelt Blvd. P.O. Box 10148 Eugene, OR 97440-2148 Land Use: CU-16-3 E 16th Ave., E 16th Alley, 1695 Patterson St. Page 3 of 3 HO Agenda - Page 25  Attachment C Eugene Office Springfield Office 1320 Willamette Street 225 Fifth Street Eugene, OR 97401 Springfield, OR 97477 (541) 682-5411 (541) 726-3737 (541) 682-6882 FAX (541) 741-2214 FAX Fire Marshal’s Office Fire Department Comments for Eugene or Springfield Planning departments Date: July 15, 2016 Project: Sustainable Housing, LLC File Number: CU-16-03 Addresses: 648, 670, 672 East 16th Avenue; 647, 685, 695 East 16th Alley; 1695 Patterson Street Existing Use: Former Serenity Lane alcohol and drug treatment center with multiple residential dwellings Proposal: Change of use/change of occupancy from treatment center to college student residential living spaces; no actual changes to the existing buildings Planner: Althea Sullivan, Associate Planner Fire Department Comments/Conditions Access: OK; Pre-existing with East 16th Avenue and Patterson Street Water Supply: OK; fire hydrants are pre-existing and were approved at the time of the original development. A shared service of the cities of Eugene and Springfield, Oregon HO Agenda - Page 26