Hearings Official Public Hearings

AGENDA Phone: 541-682-5481 Meeting Location: www.eugene-or.gov/406/hearings-official Virtual Meeting (Via Zoom) The Eugene Hearings Official welcomes your interest in these agenda items. In response to COVID-19, the Permit and Information Center remains closed to the public at this time. Information about online or other options for access and participation is available on the next page of this agenda. For the hearing impaired, assistive-listening devices or an interpreter can be provided with 72- hour notice prior to the meeting. Spanish-language interpretation may also be provided with 72- hour notice. These services may not be available during the meeting, but may occur as a follow up service. To arrange for these services, contact the Planning Division at 541-682-5675. WEDNESDAY, NOVEMBER 3, 2021 – Public Hearing 5:00 pm Hearing Official: Virginia Gustafson Lucker I. PUBLIC HEARING ON DAVID & JANICE HENDERSON WILLAMETTTE GREENWAY APPLICATION Description: Willamette Greenway permit request for a proposed one-family detached dwelling unit and future development consistent with the Low Density Residential (R-1) zone and development standards. File Name (#): DAVID & JANICE HENDERSON (WG 21-2) Location: Oakleigh Lane Assessor’s Map / Tax Lot: 17-04-24-24 / 10100 Applicant’s Representative: Zach Galloway, TBG Architects + Planners Lead City Staff: Jeff Gepper, Senior Planner 541-682-5282, JGepper@eugene-or.gov [See next page for public hearing format and participation instructions] Page 1 of 13 PUBLIC HEARING FORMAT 1. Staff introduction/presentation 2. Public testimony from applicant. 3. Testimony from the public. Due to the virtual meeting platform, the order of speakers will be based on order that persons request to speak (raise virtual hand), as opposed to the order specified under EC 9.7625. For this reason, each person providing comment will be asked to state whether they are in support, neutral, or in opposition to the application. 4. Staff response to testimony. 5. Questions from Hearings Official. 6. Rebuttal testimony from applicant. 7. 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, state your name and address during the public testimony portion of the public hearing or contact the lead City staff noted above. The decision will also be posted at https://www.eugene-or.gov/406/Hearings-Official. HOW TO ACCESS THE MEETING To be able to participate in Public Comment join using one of the two following options: 1. Join on your computer, tablet or smartphone Visit: https://zoom.us/j/95235347161 Sign up to speak by clicking once on the “raise hand” icon 2. Join on your phone Dial one of the below numbers and enter the Webinar ID: 952 3534 7161 +1 833-548-0276 (Toll Free); or +1 833-548-0282 (Toll Free); or +1 877-853-5257 (Toll Free); or +1 888-475-4499 (Toll Free); For higher quality, dial a number based on your current location. International numbers available: https://zoom.us/u/adOYOpL5aB Sign up to speak by dialing *9 (Star-9) Page 2 of 13  The Atrium Building 99 West 10th Avenue, Eugene, Oregon 97401 Phone: 541.682.5377 | Fax: 541.682.5572 www.eugene-or.gov/planning PUBLIC HEARING STAFF REPORT Willamette Greenway Permit File Name (Number): Henderson, David & Janice (WG 21-2) Owner/ Applicant: Henderson, David & Janice Applicant’s Representative: Zach Galloway, TBD Architects + Planners Lead City Staff: Jeff Gepper, Senior Planner Relevant Dates: Application Submitted: Sept. 2, 2021 Deemed Complete: Sept. 8, 2021 Public Hearing: October 20, 2021 Subject Property Location: No Address – South side of Oakleigh Lane, east of River Road Map No. / Tax Lot: 17-04-24-24 / 10100 Application Summary The applicant intends to develop a vacant lot with a single-family dwelling and is therefore requesting approval of a Willamette Greenway Permit application to develop a vacant lot in accordance with the permitted uses and development standards of the R-1 Low-Density Residential Zone. Based on the findings enclosed within this staff report, staff recommends the Willamette Greenway Permit application be approved. Purpose of the 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. Per Eugene Code (EC) 9.7320, staff reports are available seven days prior to the public hearing. The staff report provides only preliminary recommendations and information. 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 applicable quasi-judicial hearing procedures are described at EC 9.7065 through EC 9.7095. Staff Report Henderson, David & Janice | WG 21-2 Page 3 of 13 Eugene Hearings Official’s Role The Eugene Hearings Official serves our community in a “quasi-judicial” (judge-like) role to make decisions on individual land use applications in the context of Eugene’s Land Use Code. The first step is a public hearing, during which the Hearings Official will have an opportunity to hear from any interested parties who wish to provide testimony, including new evidence. Following the hearing, the Hearings Official will consider the testimony and evidence before making a decision. 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. Staff’s Role City of Eugene Planning staff will be present at the public hearing to assist the Hearings Official. Staff may provide advice and recommendations based on their professional expertise and familiarity with the application and record of materials to date; the Hearings Official may choose whether or not to follow staff’s recommendations at his or her discretion. Staff also serve as a contact for applicants, neighbors, and other interested parties. In this role, staff often hear from the people who may be directly impacted by a particular project or decision. When issues are raised, staff work to help people better understand how to frame an issue in terms of the approval criteria. Staff listen carefully to all issues, seek to fully understand the issues and impacts of land use applications, and attempt to provide the best service possible to everyone involved. While all issues are important, staff also make every effort to help our community understand that all land use decisions must be made based on the approval criteria located in the Eugene Code and our community’s adopted plans and policies. Application Details & Procedure The applicant intends to develop a vacant lot with a single-family dwelling and is therefore requesting approval of a Willamette Greenway Permit application to develop a vacant lot in accordance with the permitted uses and development standards of the R-1 Low-Density Residential Zone. The subject property does not have an address because it is currently a single undeveloped lot (Tax Lot 10100 of Assessor’s Map 17-04-24-24). The subject property is approximately 0.51 acres in size, located on the south side of Oakleigh Lane between River Road and the West Bank Path. The property was annexed into the City on July 26, 2021 in accordance with Council Resolution No. 5329. The subject property is zoned R-1 low density residential and is surrounded residential development consistent with the R-1 zone. The subject property is more than 450 feet to the west of the Willamette River, separated from the river by the West Bank Path, which is a part of the Ruth Bascom Trail network, and an approved residential Planned Unit Development for 28 dwellings in a cooperative housing development (City File: PDF 15-2) . For ease of reference, a map of the subject site and zoning can be seen in Attachment A. Staff Report Henderson, David & Janice | WG 21-2 Page 4 of 13 The applicant proposes to develop the lot in accordance with the R-1 zone’s standards. While the applicant has submitted site plans and elevations for a proposed design, this is purely conceptual and only illustrates one likely concept of future development. The conceptual design illustrates how the lot could be developed with a single-family residence. The applicant’s conceptual site plan can be seen in Attachment B. Timing, Notice, and Testimony Application Submitted Sept. 2, 2021 Application Deemed Complete Sept. 8, 2021 Timeline Public Notice (per EC 9.7315) Oct. 4, 2021 Public Hearing Nov. 3, 2021 Testimony As of the publication of this report, no written testimony has been received regarding this proposal. If any further written testimony is received prior to the public hearing, it will be provided to the Hearings Official for consideration as part of the record. Public Notice and Referrals Public notice was provided in accordance with the requirements of Eugene’s Land Use Code. The Planning Division also provided information concerning the application to appropriate City departments, public agencies, neighborhood organization, and service providers. All referral comments received by the Planning Division on this application are included in the application file for reference. The substance of any relevant referral comments is addressed in the context of applicable approval criteria and standards in the following evaluation. Willamette Greenway Evaluation The Hearings Official will review the application for a Willamette Greenway Permit and consider relevant evidence and testimony as to whether the proposal is consistent with the applicable criteria required for approval, shown below in bold typeface. To assist the Hearings Official in making a decision on this request, staff’s findings in response to each of the criteria are provided below. 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. At its closest point, the subject property is more than 450 feet from the Willamette River. Between the Willamette River and subject property is a property that is currently being developed in accordance with an approved Planned Unit Development. Additionally, an area owned by the City of Eugene that contains the West Bank Path and vegetation is located along the river. Based on the amount of separation between the river and the proposed development, the proposed development at the scale allowed by the R-1 zone provides area for Staff Report Henderson, David & Janice | WG 21-2 Page 5 of 13 landscaping, open space through lot coverage limitations, and existing vegetation between the proposed use and the river to the greatest degree possible. Based on these findings, the proposal satisfies this criterion. EC 9.8815(2): To the greatest possible degree, necessary and adequate public access will be provided along the river by appropriate legal means. The subject property does not abut the Willamette River. The subject property is located on Oakleigh Lane, which has a public accessway providing a connection to West Bank Path and the Ruth Bascom Riverbank Path System. The public accessway is part of the Planned Unit Development that is currently being developed. Based on these findings, the proposal satisfies this criterion. 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. The following Metro Plan policy is relevant to this application: Policy D.5: New development that locates along river corridors and waterways shall be limited to uses that are compatible with the natural, scenic, and environmental qualities of those water features. As noted previously, the proposed development is partially within the Willamette River Greenway. As relevant here, staff believes this policy is met to the extent that the proposed development of single-family residential uses are allowed in the R-1 zone. Based on these findings, the proposal satisfies this criterion. 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. This criterion is not applicable, because the subject property is not within an area subject to the Willakenzie Area Plan. 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: Based on the findings at (a) through (g) below, this criterion is satisfied. (a) Establishment of adequate setback lines to keep structures separated from the Willamette River to protect, maintain, preserve, and enhance the natural, scenic, historic, and recreational qualities of the Willamette Greenway. Setback lines need not apply to water related or water dependent activities as defined in the Oregon Statewide Planning Goals and Guidelines (OAR 660-15-000 et seq.). Staff Report Henderson, David & Janice | WG 21-2 Page 6 of 13 The subject property is located more than 450 feet from the Willamette River. Approved residential development and the West Bank Path are located between the subject property and the Willamette River. Therefore, no additional setback lines are required to separate development from the Willamette River and associated Greenway resources. Based on these findings, the proposal satisfies this standard. (b) Protection of significant fish and wildlife habitats as identified in the Metropolitan Plan Natural Assets and Constraints Working Paper. Sites subsequently determined to be significant by the Oregon Department of Fish and Wildlife shall also be protected. This standard is not applicable because the subject property is not identified as a fish and wildlife habitat in the Metro Plan Natural Assets and Constraints Working Paper. (C) Protection and enhancement of the natural vegetative fringe along the Willamette River to the maximum extent practicable. The subject property is located more than 450 feet from the Willamette River. Approved residential development and the West Bank Path are located between the subject property and the Willamette River. Given these facts, the proposed development will not impact the vegetative fringe along the Willamette River. Based on these findings, the proposal satisfies this standard. (d) Preservation of scenic qualities and viewpoints as identified in the Metropolitan Plan Natural Assets and Constraints Working Paper. This standard is not applicable, because the subject property is not identified as an area of scenic quality or viewpoint in the Metro Plan Natural Assets and Constraints Working Paper. (e) Maintenance of public safety and protection of public and private property, especially from vandalism and trespass in both rural and urban areas to the maximum extent practicable. Maintenance of public safety and protection of public and private property for the subject property is consistent with service provision throughout the City. The proposed development of residential uses will not have an impact on public safety or protection of public and private property. Based on this finding, the proposal satisfies this standard. (f) Compatibility of aggregate extraction with the purposes of the Willamette River Greenway and when economically feasible, applicable sections of state law pertaining to Reclamation of Mining Lands (ORS Chapter 517) and Removal of Material; Filling (ORS Chapter 541) designed to minimize adverse effects to water quality, fish and wildlife, vegetation, bank stabilization, stream flow, visual quality, noise, safety, and to guarantee necessary reclamation. Staff Report Henderson, David & Janice | WG 21-2 Page 7 of 13 This standard does not apply because this application does not propose any activity listed in subsection EC 9.8815(5)(f). (g) Compatibility with recreational lands currently devoted to metropolitan recreational needs, used for parks or open space and owned and controlled by a general purpose government and regulation of such lands so that their use will not interfere with adjacent uses. The proposed use does not interfere with the use of nearby recreational and park lands, such as the West Bank Path and the rest of the Ruth Bascom Riverbank Path System. Based on this finding, the proposal satisfies this standard. EC 9.8815(6): When site review approval is required, the proposed development will be consistent with the applicable site review criteria. This criterion is not applicable, because no site review approval is required. 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 a conceptual future development plan for the vacant lot in accordance with the requirements and standards of the R-1 zone. As this Willamette Greenway Permit is being reviewed under the assumption of compliance with the minimum requirements and standards of the R-1 zone, it is assumed that the proposal will, at the time of building permit, meet the applicable standards. It is important to note that an approval of this Willamette Greenway Permit would not vest any future development with the requirements and standards in place at the time of approval. Therefore, any future development will be required to meet the current standards of the R-1 zone at the time of building permit submittal. Based on these findings, the proposal satisfies this criterion. Staff Recommendation Based on the available information and materials, and the reasons stated in the findings above, staff recommends approval of the Willamette Greenway permit. Hearings Official Decision: 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 Staff Report Henderson, David & Janice | WG 21-2 Page 8 of 13 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. If no appeal is received, the decision will become effective on the 13 th day after the date the decision was mailed. Attachments The applicant’s application materials, 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. The following attachments are provided for ease of reference: Attachment A: Vicinity Map Attachment B: Applicant’s Conceptual Site Plan More Information about the land use application process, approval criteria, and general information can be found here: https://www.eugene-or.gov/3208/Land-Use-Information The application materials, and file are available to review for any interested parties. As a courtesy, materials may also be available on the City’s website at: https://pdd.eugene-or.gov/LandUse/SearchApplicationDocuments?file=WG-21-0002 To protect the health of staff and community members, staff can provide digital materials or make appointments to view a physical set of materials. The Hearings Official will receive a full set of application materials for review prior to the public hearing. For more information, please contact Jeff Gepper, Senior Planner, Planning Division, at: (541) 682-5282 or by e-mail, at: JGepper@eugene-or.gov. 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