Hearings Official Public Hearings

AGENDA Meeting Location: Phone: 541-682-5377 Sloat Room, Atrium Building www.eugene-or.gov/hearingsofficial 99 West 10th Avenue Eugene, Oregon 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, MAY 10, 2017 (5:00 p.m.) I. PUBLIC HEARING FOR WILLAMETTE GREENWAY PERMIT LEGACY PLANNERS PROPERTIES, LLC (WG 17-1) Request: Willamette Greenway Permit request for a 110-unit multi-family apartment building with five stories over one-story parking garage. Location: 30 Country Club Road (Assessor’s Map/Tax Lot: 17-03-29-32/01500) Applicant: Legacy Planners Properties, LLC Representative: Jed Truett, Metro Planning, Inc. Lead City Staff: Erik Berg-Johansen, Associate Planner Telephone: (541) 682-5437 E-mail: erik.berg@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 WILLAMETTE GREENWAY PERMIT STAFF REPORT Application File Name (Number): Legacy Planners Properties, LLC (WG 17-1) Applicant’s Request: Willamette Greenway Permit (WG) for a new six-story, 110-unit apartment building. Applicant/Owner: Legacy Planners Properties, LLC Applicant’s Representative(s): Jed Truett, Metro Planning, Inc.; (541) 302-9830 Lead City Staff: Erik Berg-Johansen, Associate Planner; (541) 682-5437 Subject Property/Location/Size: Tax Lot 1500 of Assessor’s Map 17-03-29-32; Located southeast of the intersection of Club Road and Country Club Road, north of Residence Inn; Approximately 0.69 acre in size Existing Zoning: C-2/SR Community Commercial with Site Review Overlay Relevant Dates: Application submitted January 26, 2017; supplemental materials submitted March 22, 2017; application deemed complete March 22, 2017; public hearing scheduled for May 10, 2017 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. _____________________________________________________________________________________ Legacy Planners Properties, LLC (WG 17-1) May 2017 Page 1 Background and Present Request The subject property is located within the boundaries of Eugene’s Cal Young Neighborhood Association. The property is situated east of Club Road, south of I-105 and Country Club Road, and west of Coburg Road. The property is bounded by Club Road to the west, a 3-story hotel to the south, a 3-story commercial office building to the east, and Country Club Road to the north. The zoning of the subject property and all surrounding properties is Community Commercial (C- 2) with a Site Review (/SR) overlay. The 0.69 acre site is currently developed with a single-story commercial structure, a surface parking lot, and landscaped areas. The present request is to construct a new six-story, 110-unit apartment building with parking on the ground floor and in a new subgrade parking structure. The building features a second floor common area with a pool and green space. The property is not adjacent to the Willamette River, but is still within the “Willamette Greenway” boundary. The Willamette River is also a Goal 5 Water Resource, and Chapter 9 of the Eugene Code establishes a /WR Water Resources conservation overlay zone that was designed to protect waterways and riparian habitat. Since the Willamette River is a Category “A” Stream, the code prescribes a 100-foot conservation setback from the top of high bank. The subject property, which is more than 350 feet away from the river, is well outside this conservation setback. It is also important to note that a fully improved street (Club Road), the McMenamins Restaurant, and a large office building exist between the subject property and the river. For additional details about the project, please review the applicant’s written narrative which is available in the application file for reference. Application Referrals and Public Hearing Notice The applicant met with staff January 10, 2017 to discuss the proposal, consistent with EC 9.7005 Pre-application Conference. The application was submitted on January 26, 2017, and after an initial review staff determined that the application was incomplete. On March 22, 2017 the applicant submitted supplemental information and requested that the application be deemed complete. The Planning Division mailed and posted written notice of the public hearing, in accordance with the applicable code requirements. Relevant referral comments received from other City departments are incorporated into the following evaluation, in the context of the applicable criteria and related standards. Written public testimony was received from Peter Sikora of G Group, LLC. G Group, LLC manages the Northbank office buildings and restaurant located west of the subject property. He states that “While we have no objection to this development, we are concerned that the flow of traffic, and particularly, ingress/egress onto/from Club Road may be significantly impacted.” He also explains that there are existing traffic issues in the area. _____________________________________________________________________________________ Legacy Planners Properties, LLC (WG 17-1) May 2017 Page 2 Through their initial review of the proposal, Public Works staff determined that a Traffic Impact Analysis (TIA) would not be required. According to the Institute of Transportation Engineer Trip Generation Manual, a proposal for 110 apartment units will not generate 100 or more peak hour trips (which is the threshold for a TIA requirement). Further, there is no evidence that traffic from the development will contribute to traffic problems in the area, and in this case the City does not have data documenting pedestrian and/or bicyclist safety concerns. Finally, this is not a location that would warrant action under the traffic calming program, nor is there evidence that the development will impact adopted level of service standards. Staff also notes that the presence of a median in Club Road restricts turns at the development site to right-in, right-out. Any written testimony received after the date of this report but prior to the public hearing will be forwarded to the Hearings Official for consideration in making a decision on the subject applications. Public testimony, written or otherwise, may also be presented at the public hearing on this matter. Willamette Greenway Permit Evaluation The Hearings Official is required to approve, approve with conditions, or deny a Type III land use application (See EC 9.7330). 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. The criteria required for approval are shown below in bold typeface (see EC 9.8815). Staff’s findings in response to each of the criteria are provided below, to assist the Hearings Official in making a decision on the zone change request. EC 9.8815(1): To the greatest degree possible, the intensification, change of use, or development will provide the maximum possible landscaped area, open space, or vegetation between the activity and the river. The subject property is currently developed with a commercial structure, parking lot, and limited landscaped areas along the border of the parking area. Given the property has been previously developed, the proposed project will not substantially decrease the amount of natural open space, vegetation and landscaping between the property and the Willamette River. This presents a unique situation because the subject property is more than 350 feet from the Willamette River, and existing development and vegetation serve as a prominent physical buffer between the subject property and the river. More specifically, the parking area serving McMenamins restaurant and the existing office building (just north/west of McMenamins) supports more than 30 large, mature deciduous trees. Numerous street trees also exist on both sides of Club Road, and large evergreen trees exist within the right-of-way on the southwest _____________________________________________________________________________________ Legacy Planners Properties, LLC (WG 17-1) May 2017 Page 3 and northwest corners of the intersection of Club Road and the eastbound I-105 off-ramp. Finally, it is noted that the river and the adjacent multi-use path are at a lower elevation than surrounding properties, including the McMenamins property and the subject property; this grade difference will further obscure views of the proposed structure from the river corridor. As shown on the landscape plan (Sheet LA-1), the applicant also proposes to replant the public right-of-way area between Country Club Road and the north property boundary. This voluntary effort is supported by City Urban Forestry staff, and will provide for additional long-term landscaping and vegetation between the subject property and the river. To ensure landscaping on-site and within the right-of-way is planted in a timely manner, the following condition is recommended:  Final landscaping consistent with the Landscape Plan shall be installed before final occupancy. Based on the above findings, this criterion is met. EC 9.8815(2): To the greatest possible degree, necessary and adequate public access will be provided to and along the river by appropriate legal means. As mentioned under criterion #1, this is a unique Willamette Greenway Permit because the subject property is not adjacent to the Willamette River. The property is more than 350 feet from the riverbank, and a fully improved street exists between the subject property which prevents direct public access. However, a signalized pedestrian crossing at the intersection of Club Road and the I-105 off ramp (adjacent to the proposed development) provides for safe and adequate access to the river. Based on the fact that direct access to the river is not possible, the proposal provides for adequate public access to the river to the greatest degree possible. This criterion is met. EC 9.8815(3): The intensification, change of use, or development will conform with applicable Willamette Greenway policies as set forth in the Metro Plan. Pages III-D-4 and 5 of the Metro Plan contain the Willamette Greenway policies. Of these, several policies apply specifically to local government agency services. Staff finds that none of these policies are directly applicable as approval criteria in this case because the subject property is not directly adjacent to the Willamette River where scenic and natural resources would be directly affected or negatively impacted. Based on these findings, the proposal is consistent with the Metro Plan. This criterion is met. EC 9.8815(4): In areas subject to the Willakenzie Area Plan, the intensification, change of use, or development will conform with that plan’s use management considerations. _____________________________________________________________________________________ Legacy Planners Properties, LLC (WG 17-1) May 2017 Page 4 The subject property is within the bounds of the adopted Willakenzie Area Plan (WAP). Pages 155 and 156 of the WAP establish nine “use management standards,” which are evaluated below. 1. Provision that all new structures, expansion of existing structures, drives, parking areas, or storage areas shall not be permitted within the first 35 feet back from the top of the riverbank… The property is more than 350 feet from the river and well outside the 35-foot setback. This use management standard is met. 2. Provision for public pedestrian and bicycle access along the river. As discussed, the subject property is not adjacent to the river, however indirect access is available via a pedestrian crossing across Club Road. To the extent the standard applies to properties that are not adjacent to the river, the standard is met. 3. Provision that the area within the 35-foot setback may be included in any density calculation of a project. This use management standard does not apply as no portion of the property is within 35 feet of the river. 4. Continuous building facades and opaque fences or walls exceeding 75 feet in length shall be discouraged within the greenway to allow for visual access to and from the river. The applicant finds that “The proposed building has two continuous building facades facing the river, one on each side of an interior landscaped courtyard. In effect the facades are two ends of a horseshoe shape. Each of these facades is less than 75 feet in length. The south western façade is 65 feet and the south eastern façade is 60 feet in length. Landscape areas break-up the façade that include a raised plant bed with evergreen shrubs in the southwest corner, and a raised stormwater planter on the south side of the ground level. Landscape areas on the second floor that break-up the façade include planters with tall evergreen plants on the southern edge of the pool deck and the raised planter with mixed planting in the center of the courtyard. In addition to the landscaping, this 110-unit multi-family apartment building provides generous number of windows and a ground floor garage to minimize opaque expanses. Furthermore, the building is configured on the subject property to orient the longest dimension away from and perpendicular to the river.” Staff concurs with the applicant’s reasoning and finds that this use management standard is met. _____________________________________________________________________________________ Legacy Planners Properties, LLC (WG 17-1) May 2017 Page 5  5. Activities or uses such as open storage of materials shall be discouraged within the greenway. The property will be fully developed, and the applicant states that the use does not include open storage of materials. This use management standard is met. 6. Except for small identity and directional signs, business signs shall be oriented away from the river. Since the applicant proposes residential apartments it is unlikely that business signs will exist on the property. Regardless, the property is sited away from the river and buildings/trees currently exist between the subject property and the river bank. Based on current conditions, it is unlikely that signs on the property would be visible from the river. Further, the City sign code standards will be applied at the time of building permit which will restrict the size and location of signs. 7. Significant fish and wildlife habitats, as identified in the adopted Natural Resources Special Study, or Metro Plan Natural Assets and Constraints Working Paper shall be protected. Sites subsequently determined to be significant by the Oregon Department of Fish and Wildlife shall also be protected. The Metropolitan Plan Natural Assets and Constraints Working Paper identifies the Willamette River Corridor as an Anadromous Fish River. The Willamette River is also designated as an essential Salmon Habitat by the Oregon Department of Fish and Wildlife (ODFW). However, the subject property is not adjacent to the river and will therefore not directly impact the river’s aquatic habitat. This use management standard is met. 8. The natural vegetative riparian fringe along the Willamette River, as identified on the Willakenzie Area Plan Natural Resource Area Map, shall be protected and enhanced to the maximum extent practicable. The 1992 Willakenzie Area Plan Natural Resource Area Map indicates “riparian vegetation” near the subject property. However, the map is not definitive, and it is obvious that no pristine riparian habitat currently exists on the property. Based on the current condition of the property, and the fact the applicant proposes to enhance the landscaping in the right-of-way, this use management standard is met. 9. Scenic qualities and viewpoints, as identified in the Metro Plan Natural Assets and Constraints Working Paper shall be preserved. The Metropolitan Plan Natural Assets and Constraints Working Paper does not identify any viewpoints on the subject property, but does identify the Willamette River Corridor as having scenic qualities. Regardless, the property is far enough from the river that it will not _____________________________________________________________________________________ Legacy Planners Properties, LLC (WG 17-1) May 2017 Page 6 significantly impact those accessing the river or the Ruth Bascom Riverbank Trail (the multi-use path along the Willamette River). This use management standard is met. Based on the above findings, the proposal complies with the above approval criterion and the applicable Willakenzie Area Plan “use management standards”. EC 9.8815(5): In areas not covered by subsection (4) of this section, the intensification, change of use, or development shall conform with the following applicable standards: The subject property is covered by subsection (4); therefore, this criterion does not apply. EC 9.8815(6): When site review approval is required, the proposed development will be consistent with the applicable site review criteria. The proposed project requires a Site Review approval; the Site Review application is under review and the proposed development cannot be constructed until the Site Review application is approved. Therefore, the following condition of approval is recommended:  A Site Review approval shall be obtained prior to issuance of any building permits for the proposed development. EC 9.8815(7): The proposal complies with all applicable standards explicitly addressed in the application. An approved adjustment to a standard pursuant to provisions beginning at EC 9.8015 of this land use code constitutes compliance with the standard. The proposal includes features such as on-site vehicle parking, bicycle parking, landscaping, and stormwater management facilities; these features will be reviewed through the Site Review process. Staff also confirms that the proposal complies with the applicable commercial zone development standards, such as building height and setbacks. The C-2 zone has a height limit of 120 feet, and the proposed building is 83 feet tall. The proposed building is also built to the property lines which is allowed in the C-2 zone. This criterion will be met with approval of a Site Review application. Staff Recommendation Based on the available evidence, and consistent with the preceding findings, staff recommends the Hearings Official approve the Willamette Greenway permit with the following conditions of approval: 1. Final landscaping consistent with the Landscape Plan shall be installed before final occupancy. _____________________________________________________________________________________ Legacy Planners Properties, LLC (WG 17-1) May 2017 Page 7  2. A Site Review approval shall be obtained prior to issuance of any building permits for the proposed development. 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. In this instance, a final site plan and performance agreement will also be required. Attachments Vicinity and Zoning maps are attached. 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. For More Information Please contact Erik Berg-Johansen, Associate Planner, City of Eugene Planning Division, at: (541) 682-5437; or by e-mail, at: erik.berg@ci.eugene.or.us _____________________________________________________________________________________ Legacy Planners Properties, LLC (WG 17-1) May 2017 Page 8  Attachment A - Vicinity Map Eugene Country Club e Lan ood w outh S e D riv ood r w da I-105 Ce Co un t ry Cl ^ ub Rd . Club Road W illa Residence Inn m et te oad Ri ve gR r Co bu r ´ Legend Ft Caution: This map is based on imprecise Subject Property 0 125 250 500 source data, subject to change, and for general reference only. Taxlots May 2017 Page 9  Attachment B - Zoning Map R-1 GO R-2 I-105 C-2 Co un t ry Cl ^ ub Rd . Club Road oad gR Co bu r 0 125 Ft 250 ´ Subject Property C-2 Community Commercial R-1 Caution: This map is based on imprecise source data, subject to change, Taxlots GO General Office R-2 and for general reference only. May 2017 Page 10