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, March 16, 2022 – Public Hearing 5:00 pm Hearing Official: Virginia Gustafson Lucker I. PUBLIC HEARING: GILHAM ROAD (Z 21-10 / PT 21-21) Description: Zone Change request to change zone from AG (Agricultural) to R-1 (Low- Density Residential) and a Tentative Partition application to partition the subject property into two separate legal lots. File Name (#): GILHAM ROAD (Z 21-10 / PT 21-21) Location: 3840 Gilham Road Assessor’s Map / Tax Lot: 17-03-08-23 / 03900 Applicant’s Representatives: Carol Schirmer, Schirmer Consulting Lead City Staff: Nick Gioello, Associate Planner 541-682-5453, NGioello@eugene-or.gov Page 1 of 27 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/89276163833 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: 892 7616 3833 +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 27  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 Zone Change and Tentative Partition File Name (Number): Gilham Road (Z 21-10 and PT 21-21) Owner/ Applicant: Joseph Mueller, Jr. Applicant’s Representative: Carrol Schirmer, Schirmer Consulting, LLC Lead City Staff: Nicholas Gioello, Associate Planner Relevant Dates: Application Submitted: December 3, 2021 Deemed Complete: January 19, 2022 Public Hearing: March 16, 2022 Subject Site: 3840 Gilham Road Map No. / Tax Lot: 17-03-08-23 / 03900 Application Summary The applicant is requesting approval of a Zone Change to change the base zoning of the subject property to Low-Density Residential (R-1). The site currently has a base zone of Agricultural (AG) with Urbanizable Land (UL) overlay. The applicant is also requesting a Tentative Partition to divide the lot and create two parcels. 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. Staff reports are available seven days prior to the public hearing (see EC 9.7320). 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 issuing a decision on the application. The Hearings Official’s written decision on the application is typically made within 15 days following the close of the public record after the public hearing (see EC 9.7330). The applicable quasi-judicial hearing procedures are described at EC 9.7065 through EC 9.7095. How Does Zoning Work? The Eugene-Springfield Metropolitan Area General Plan (Metro Plan) is part of the City’s comprehensive plan. The Metro Plan helps to guide land use and zoning decisions. It includes long-range policy direction for land use planning and legislative decision-making, as well as Staff Report Gilham Road | Z 21-10 and PT 21-21 Page 3 of 27 guidance for parcel-specific land use decisions such as this zone change request. In some areas, refinement plans provide additional policies and land use designation maps to further guide land use decision-making in specific neighborhoods or geographic areas of the City. Another component of the City’s comprehensive plan is the Envision Eugene Comprehensive Plan. It provides goals and policies to help guide the City in updating the Eugene Code and other regulatory documents, programs and planning projects. Unlike the Metro Plan or refinement plans, the Envision Eugene policies are not intended to be used in determining approval or denial of land use applications, like a Zone Change, unless such direction is stated in the policy. In the context of a Zone Change application, consistency with the applicable provisions of the Metro Plan and any applicable adopted refinement plans for the area of the request, is fundamental to the decision-making process. More than one zone category may carry out a particular land use designation, and the relevant policy direction helps determine what the zoning should be. In other cases, the land use designation and policy direction may be so specific that only one zone or overlay zone can correctly establish particular restrictions, development standards or process. In a nutshell, zoning specifies allowed uses for a piece of land, and what standards will apply at the time of development (e.g. height, setbacks). Application Details & Procedure The applicant has requested the Zone Change application and the Tentative Partition application be run as concurrent applications. The applicant is requesting approval for a Zone Change to change the base zone of a 0.216-acre property from Agricultural (AG) to Low-Density Residential (R-1). Recent approval by City Council on November 8, 2021 (City file: A 21-10) granted the applicant’s request to annex the subject property, which removed the /UL Overlay zone per the requirements of EC 9.7820. The applicant is also requesting a Tentative Partition of the subject property to create two legal lots. The subject property is developed with a single residence on the eastern portion of the lot. The property surrounded by developed and undeveloped single-family residential properties. For ease of reference, maps of the subject site vicinity and zoning can be seen in Attachments A and B and the Partition Site Plan is seen in Attachment C. Timing, Notice, and Testimony Application Submitted December 3, 2021 Deemed Complete January 19, 2022 Application DLCD Notice February 4, 2022 Timeline Public Notice (per EC 9.7315) February 14, 2022 Public Hearing March 16, 2022 Testimony As of the publication of this report, testimony has been received from one member of the public regarding this proposal, expressing concerns with existing street congestion and anticipated increased congestion. Although they expressed general support for the creation of Staff Report Gilham Road | Z 21-10 and PT 21-21 Page 4 of 27 two separate parcels, concern was expressed that adequate off-street parking be available since the applicant parks and stages numerous trucks and trailers associated with his construction business on Sterling Park Place. Staff notes the property is currently developed with a single-family residence. The proposed zone change to R-1 Low-Density Residential and partition of the property into two parcels, will create the opportunity for one additional single- family residential unit on the site. At the time of development, on-site residential parking standards will be required. Any other written testimony received prior to the public hearing 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. Section 1 - Zone Change Evaluation 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. The Hearings Official will review the application and consider relevant evidence and testimony as to whether the proposed Zone Change and Tentative Partition is consistent with the applicable criteria required for approval, shown below in bold typeface. To assist the Hearings Official in making a decision on the Zone Change request, staff’s findings in response to each of the criteria are provided below. EC 9.8865(1): The proposed change is consistent with applicable provisions of the Metro Plan. The written text of the Metro Plan shall take precedence over the Metro Plan diagram where apparent conflicts or inconsistencies exist. The applicant is requesting approval to change the base zone of the subject property from Agricultural (AG) to Low-Density Residential (R-1). The Metro Plan diagram designates the subject property for Low-Density Residential uses, which is implemented through the proposed R-1 zoning, making the applicant’s request consistent with the Metro Plan diagram. Staff Report Gilham Road | Z 21-10 and PT 21-21 Page 5 of 27 Staff does not see any specific policies from the Metro Plan that would serve as mandatory approval criteria for the applicant’s request. Based on the available information, the request complies with this criterion. EC 9.8865(2): The proposed zone change is consistent with applicable adopted refinement plans. In the event of inconsistencies between these plans and the Metro Plan, the Metro Plan controls. The subject property is located within the boundaries of the Willakenzie Area Plan refinement plan (WAP). The map on page 53 of the WAP designates the subject property as Low-Density Residential, consistent with the applicant's requested R-1 zoning. The map identifies the site as located within the Unincorporated Subarea and the Opportunity Area. With regard to the Unincorporated Subarea Policies and Proposed actions beginning on page 57 of the WAP, none appear to read as mandatory approval criteria for the subject request. Staff notes the following policy on page 59 as possibly relevant: 13. Areas designated "Opportunity Area" on the Land Use Plan Diagram are intended to provide opportunities for residential/mixed-use development. The plan diagram for these areas indicates general locations for low- and medium-density residential, neighborhood commercial, and parks/open space uses. The City shall allow for consideration of a rearrangement of all land uses within the identified "Opportunity Areas". This rearrangement shall be accomplished through the application of the zoning district created to implement the residential/mixed-use concept. The intent of this district is to apply the generalized objectives contained in the section of this plan entitled 11 Discussion of Residential/Mixed-Use Concept". The requested R-1 zone appears to be consistent with this policy because it provides an opportunity for residential development. The requested R-1 zone is also consistent with the low-density residential character and Metro Plan designation of the surrounding area. As the applicant discusses in their written narrative, Opportunity Areas are identified as locations in which the City should provide a greater degree of flexibility for the developer of the residential/mixed use community than would normally be allowed through traditional types of development. This flexibility is intended to provide incentives to future developers to achieve general excellence in environmental planning and design while at the same time not mandating development requirements or to restrict conventional development. Opportunity Areas are intended to accommodate development proposals that introduce new or unique ideas through the PUD process beyond the traditional types of development for residential areas as prescribed by the Eugene Code. As stated in the WAP (page 55): Future development within these areas shall be approved either through the planned unit development {PUD) process or other process requiring comprehensive site plan approval. The Eugene Code does not currently promote new development that mixes uses in the manner envisioned for residential/mixed-use communities. Staff Report Gilham Road | Z 21-10 and PT 21-21 Page 6 of 27 However, staff notes the WAP clearly states that Opportunity Areas are not intended to mandate extraordinary development or preclude conventional development as follows (page 56): This concept is not meant to mandate extraordinary development requirements or to preclude conventional development within identified Opportunity Areas, but rather to accommodate development proposals that introduce new or unique ideas in a manner consistent with the general goals and policies of the adopted Willakenzie Plan and the Metro Plan. This concept is also not meant to require development of a master plan for the entire area prior to approval of partitioning of the land. Over the years since the inception of the WAP in 1992, this Opportunity Area did not develop with mixed use as envisioned in the plan, but rather developed as conventional, smaller scale residential properties. In this case, the site is relatively small, 0.216 acres, which limits the development potential of the site for extraordinary uses. The proposed Zone Change to R-1 Low-Density Residential and the proposed Tentative Partition of the site into two residential parcels is consistent with the developed residential properties in the vicinity of the site and is not seen as inconsistent with the WAP and Opportunity Area. Staff finds there are no other policies within the WAP that appear to be relevant or constitute mandatory approval criteria. Based on these findings, the zone change is consistent with the applicable refinement plan. EC 9.8865(3): The uses and density that will be allowed by the proposed zoning in the location of the proposed change can be served through the orderly extension of key urban facilities and services. Key urban facilities and services are defined in the Metro Plan as: wastewater service, stormwater service, transportation, water service, fire and emergency medical services, police protection, City-wide parks and recreation programs, electric service, land use controls, communication facilities, and public schools on a district-wide basis (see Metro Plan page V-3). Wastewater Wastewater service is available via an 8-inch public main located adjacent to the site in Sterling Park Place. Additionally, a 6-inch lateral is stubbed to the subject property. Based on the existing service, wastewater service is available to the subject property. Stormwater Public stormwater is available and currently the residence is currently utilizing the facilities located within the Sterling Park Place right-of-way. At the time of future development, the applicant may be required to address all applicable stormwater management standards including flood control, water quality, oil control, easements, and operation and maintenance. Staff Report Gilham Road | Z 21-10 and PT 21-21 Page 7 of 27 Streets The subject property has frontage on both Sterling Park Place is identified as a local street and owned and maintained by the City of Eugene. Gilham Road which is owned by Lane County Public Works and is not identified on the adopted Street Classification Map or the Street Right- of-Way Map but functions as a medium-volume local street. As discussed in Section 2 of this staff report at EC 9.6505(3) Streets and Alleys & (4) Sidewalks, Sterling Park Place has been constructed to City standards, but is currently lacking street trees and sidewalks. The applicant has proposed to dedicate a sidewalk easement and install a setback sidewalk along Sterling Park Place. An Irrevocable Petition for street trees is required as a condition of approval for the Tentative Partition request. Gilham Road has not been constructed to City standards and lacks, curbs and gutters, sidewalks, and street trees. An Irrevocable Petition for sidewalks and street trees is required as a condition of approval for the Tentative Partition request. The referral comments from Public Works staff confirm the availability of the above discussed public infrastructure to serve the subject property at the time of development. Further analysis of the availability of key urban facilities and services in the findings associated with the Annexation of this property (A-21-10), confirm that other urban facilities and services such as solid waste, police and fire protection, parks and recreation, communications, and public schools are available for this site. Based on these findings, this criterion is met. EC 9.8865(4): The proposed zone change is consistent with the applicable siting requirements set out for the specific zone in: (f) EC 9.2735 Residential Zone Siting Requirements. The siting requirements at EC 9.2735 are only applicable to requests relating to the R-1.5 zone. Because the applicant is requesting R-1 zoning, there are no specific siting requirements and this criterion is not applicable. EC 9.8865(5): In cases where the NR zone is applied based on EC 9.2510(1)(b), the property owner shall enter into a contractual arrangement with the city to ensure the area is maintained as a natural resource area for a minimum of 50 years. The applicant is not requesting the NR zone and the subject site is not located in an area that would otherwise require the application of the NR zone. Based on the available information and evidence, this criterion is not applicable. Transportation Planning Rule (TPR) Goal 12 Transportation of the Statewide Planning Goals, adopted by the Land Conservation and Development Commission (LCDC), must be specifically addressed as part of the requested zone change and in the context of Oregon Administrative Rules. As adopted, OAR 660-012-0060(1) states: Staff Report Gilham Road | Z 21-10 and PT 21-21 Page 8 of 27  (1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation (including a zoning map) would significantly affect an existing or planned transportation facility, then the local government must put in place measures as provided in section (2) of this rule, unless the amendment is allowed under section (3), (9) or (10) of this rule. The proposal qualifies for an exception under subsection (9), because the applicant is requesting zoning that is consistent with the Metro Plan designation. (9) Notwithstanding section (1) of this rule, a local government may find that an amendment to a zoning map does not significantly affect an existing or planned transportation facility if all of the following requirements are met. (a) The proposed zoning is consistent with the existing comprehensive plan map designation and the amendment does not change the plan map: (b) The local government has an acknowledged TSP and the proposed zoning is consistent with the TSP; and (c) The area subject to the amendment was not exempted from this rule at the time of an urban growth boundary amendment as permitted in OAR 660- 024-220(1)(d), or the area was exempted from this rule but the local government has a subsequently acknowledged TSP amendment that accounted for urbanization of the area. The City of Eugene’s adopted Eugene 2035 Transportation System Plan (2035 TSP) serves as the City’s acknowledged local transportation system plan. “Chapter 3: Needs Assessment and Evaluation”, of the 2035 TSP provides: The needs assessment and resulting projects… that establish a transportation system adequate to meet the identified local transportation needs are based upon the land use designations established by the Metro Plan. Because the 2035 TSP is based on the Metro Plan land use designations, any zone allowed within the land use designation is consistent with both the Metro Plan and this 2035 TSP. The proposed zoning of the subject property is consistent with the Metro Plan and the low- density residential designation was in effect at the time an acknowledged transportation system plan was adopted, therefore the zoning of the subject property is consistent with 2035 TSP. As the applicant has not requested an amendment to the Metro Plan designation, and the proposed zoning will be consistent with the Metro Plan designation, the zone change is allowed under OAR 660-012-0060(9) and the proposal is consistent with the applicable provisions of the Transportation Planning Rule. Staff Report Gilham Road | Z 21-10 and PT 21-21 Page 9 of 27 Section 2 – Tentative Partition Evaluation In accordance with EC 9.8215 Partition, Tentative Plan Approval Criteria-General, the Planning Director shall approve, conditionally approve, or deny a Partition application, based on compliance with the listed criteria. Those criteria are provided below (in bold), including findings addressing compliance with each. However, the applicant has requested this Tentative Partition application, which is a Type II application, be reviewed concurrent with the Zone Change application. To accommodate such requests for concurrent review, and in accordance with EC 9.7205 and EC 9.8860, the city may instead review multiple applications according to the highest applicable application type. In this case, the highest application is the Zone Change application, a Type III decision, and the Hearings Official shall approve, approve with conditions, or deny a Type III land use application based on compliance with the listed criteria. EC 9.8215(1) The proposed partition complies with all of the following, unless specifically exempt from compliance through a code provision applicable to a special area zone or overlay zone: (a) Lot standards of EC 9.2000 through EC 9.4170 regarding applicable parcel dimensions and density requirements. Within the /WR Water Resources Conservation Overlay Zone, no new lot may be created if more than 33% of the lot, as created, would be occupied by either: 1. The combined area of the /WR conservation setback and any portion of the Goal 5 Water Resource Site that extends landward beyond the conservation setback; or 2. The /WQ Management Area. EC Table 9.2750 Residential Zone Development Standards establishes a maximum net density of 14 dwelling units per acre for the R-1 zone. There is no minimum density other than the maximum lot size of 13,500 square feet. The proposed partition will create two parcels with an existing dwelling proposed to remain on Parcel 1. With the potential for two dwellings on 0.216 acres of land the residential density would be 3.02 units per acre, which is less than the maximum density for R-1 development as set forth in EC Table 9.2750. Neither parcel exceeds the maximum parcel size. The applicable lot standards are established at EC Table 9.2760 Residential Zone Lot Standards. The proposal includes standard lots subject to the applicable lot dimension requirements of EC 9.2760. Residential R-1 Standard Parcel 1 Parcel 2 Compliance Lot With existing Standards house Minimum 10 ft front min. Will apply to House – 11.7 ft Yes Front future Staff Report Gilham Road | Z 21-10 and PT 21-21 Page 10 of 27  Building 18 ft front for development Setbacks Garage/Carport Existing non- Will apply to conforming north Interior 5 feet min. future property line Yes Setback development 1.1-foot setback Lot Area 4,500 sf min. 4,500 sf 4,914 sf Yes Standard Lot 13,500 sf max. Standard Lot 50 feet min. 75 feet 82 feet Yes Frontage Lot Width 50 feet min. 75 feet 60 feet Yes As indicated in the above table, the existing dwelling on Parcel 1 is 1.1 feet from a side property line and is therefore an existing non-conforming structure within the north 5-foot interior setback. The proposed partition does not contain the /WR Water Resources or /WQ Water Quality Conservation Overlay Zone and is therefore not subject to the /WR or /WQ requirements within this standard. Based on the above information, this standard is met. (b) EC 9.6800 through EC 9.6875 Standards for Streets, Alleys, and Other Public Ways. The sections listed by the above criterion establish the design, location, and dedication requirements for public ways. Referral comments from Public Works staff provide findings and evaluation for each of the standards listed by the criterion above, noting that many standards are not applicable to this application. Relevant excerpts and findings are provided below, however, the full referral is available in the application file for reference. The subject property abuts Gilham Road to the east and Sterling Park Place to the south. The partition will create two parcels, parcel 1 is proposed to be vacant and parcel 2 will be occupied by an existing residential house, which is proposed to remain. A review of applicable standards is provided below. EC 9.6805 Dedication of Public Ways: Pursuant to EC 9.6805 the City may require dedication of public ways, provided the City makes findings to demonstrate consistency with constitutional requirements. The public ways for streets to be dedicated to the public by the applicant must conform to the adopted right-of-way map and EC Table 9.6870. As discussed in EC 9.6870 Street Width and EC 9.6750 Special Setback, which is incorporated herein by reference, there is no requirement for additional right-of-way dedication or special setback in Sterling Park Place due to the proposed 25-foot special setback from the centerline of the right-of-way. No additional Staff Report Gilham Road | Z 21-10 and PT 21-21 Page 11 of 27 right-of-way or special setback is required for Gilham Road as Gilham Road right-of-way exceeds the minimum right-of-way width. EC 9.6810 Block Length: Block length requirements do not apply in this instance because no new local streets are proposed or required. EC 9.6815(2) Street Connectivity Standards: The applicant does not propose the construction of any public or private streets and or alleys. The Public Works referral comments, which are included in the file record, demonstrate that all Street Connectivity Standards are either satisfied or not applicable. EC 9.6835 Public Accessways: The Public Works referral comments confirm that this standard does not apply because 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 the proposed partition does not create the need to prevent access to adjoining properties or streets or to control access to the subject property. 9.6845 Special Safety Requirements: This standard does not apply because street improvements are not proposed or required. EC 9.6850 Street Classification Map: The proposal complies with this standard as discussed in EC 9.6870 Street Width and is incorporated herein by reference. 9.6860 Street Right-of-Way Map: This code section states how the adopted Street Right-of- Way Map is to be applied. No amendments to the Street Right-of-Way map are proposed or required. EC 9.6865 Transit Facilities: This standard allows for provisions for transit facilities to be required when they are needed within or adjacent to the proposed development. The closest existing bus routes are available at the intersection of Gilham Road and Crescent Avenue, approximately one mile south of the subject property. The Lane Transit District 66 and 67 VRC/Coburg Road lines provide service in both directions on Crescent Avenue and provides a loop connection between Coburg Road commercial area, Downtown Eugene and Valley River Center. A second bus line, 96 Coburg, is also accessed at Gilham Road and Crescent Avenue, providing service between the Town of Coburg and Downtown Eugene. No additional transit lines are planned in the vicinity of the site; therefore, no transit facilities are necessary for the site. Based on the above findings, this standard is met. EC 9.6870 Street Width: The requirements for street width are set by EC 9.6870 which requires that when a street segment right-of-way width (ROW) is not designated on the adopted Street Staff Report Gilham Road | Z 21-10 and PT 21-21 Page 12 of 27 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. Additional ROW may be required in the future 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. Sterling Park Place, which is not identified on the adopted Street Classification Map (Fig. 60 of the Transportation System Plan) or the Street Right-of-Way Map (Fig. 61 of the Arterial Street Collector Plan), but functions as a low-volume local street. Per EC Table 9.6870, low-volume local streets are required to have between 45 and 55 feet of right-of-way with a paving width between 20 and 28 feet. Sterling Park Place, which has an existing 50-foot right-of-way and a paving width of 28 feet. It has been constructed to City standards but is lacking sidewalks and street trees. Since the existing 50-foot right-of-way exceeds the minimum required width of 45- feet and since a 5-foot special setback is proposed, no additional right-of-way is required for Sterling Park Place. As noted at EC9.6505(3-4) below, the applicant has proposed to dedicate a 5-foot public sidewalk easement and to construct a public sidewalk within this easement. Gilham Road, which is owned by Lane County Public Works, is not identified on the adopted Street Classification Map (Fig. 60 of the Transportation System Plan) or the Street Right-of-Way Map (Fig. 61 of the Arterial Street Collector Plan) but functions as a medium-volume local street. Per EC Table 9.6870, medium-volume local streets are required to have between 50 and 60 feet of right-of-way and a paving width between 20 and 34 feet. Gilham Road, which has an existing 60-foot right-of-way with a 21-foot paving width meets the right-of-way and paving width standards. However, Gilham Road has not been constructed to City Standards and is lacking curbs and gutters, sidewalks, street trees and streetlights. Since the existing 60-foot of right-of-way exceeds the minimum required width of 50 feet and since there is adequate room in the existing right-of-way for the missing improvements, no additional right-of-way or special setback is required for Gilham Road. As noted at EC9.6505(3), these improvements will be deferred to a later date through an Irrevocable Petition. Based on the above findings, this standard is met. (c) EC 9.6500 through EC 9.6510 Public Improvement Standards The sections listed by the above criterion establish the standards for public improvements. Referral comments from Public Works staff provide findings and evaluation for each of the standards listed by the criterion above, noting that many are not applicable to this application. Relevant excerpts and findings are provided below. The full referral comments are available in the application file for reference. EC 9.6500 Easements: This section authorizes the City to require dedication of easements for public utilities and access under certain circumstances. Staff has not identified the need for any additional public easements for stormwater or wastewater purposes on the subject property. Staff Report Gilham Road | Z 21-10 and PT 21-21 Page 13 of 27 As shown on the site plan, the applicant has proposed to dedicate a 5-foot public sidewalk easement. Public Works staff has not identified the need for any additional public easements for stormwater or wastewater purposes on the subject property. As an informational item, if any easements are shown on the final plat, the following restriction will be required to be shown on the final plat in accordance with EC 9.6500(3): “No building, structure, tree or other obstruction shall be placed or located on or in a Public Utility Easement”. Staff also notes that a current title report must be submitted with the final plat. The final plat must show all easements and restrictions listed in the title report, and interest-holders must sign the Declaration or submit concurrences. Additionally, all existing City liens or assessments must be paid prior to final plat approval. Based on these findings the proposed dedication of public sidewalk easement, this standard is met. EC 9.6505 Improvements – Specifications EC 9.6505(1) Water Supply: Referral comments from Eugene Water & Electric Board (EWEB) confirm the site can be served by the EWEB water system. An existing 6-inch water main on the south side of Sterling Park Place currently provides service to the site. Parcel 1 will need a separate service at the time of future development. It will be the applicant’s responsibility to ensure adequate water supply in accordance with EWEB requirements at the time of future development. Other informational items related to future water service are provided at the end of this report in Attachment D for the applicant’s benefit. EC 9.6505(2) Sewage: This section requires all developments to be served by the wastewater sewage system of the City, and in compliance with the provisions of EC Chapter 6. Based on the Uniform Plumbing Code, each lot is required to have a separate and independent wastewater connection to the public system. Public wastewater to the proposed development is available via an 8-inch public mainline to the south in Sterling Park Place right-of-way. The existing residential home in Parcel 2 (3840 Gilham Road) is currently connected to the public wastewater system. Service to Parcel 1 will be via the existing public system in Sterling Park Place and will be addressed during building permit approval process. Based on the above findings and future permit requirements, the proposed partition complies with applicable wastewater standards. Staff Report Gilham Road | Z 21-10 and PT 21-21 Page 14 of 27 EC 9.6505(3) Streets and Alleys & (4) Sidewalks: This standard requires all streets in and adjacent to the development site be paved to the width specified in EC 9.6870, and improved according to adopted standards and specifications pursuant to Chapter 7 of this code. The improvements are to include drainage of all such streets and alleys, as well as curbs, gutters, sidewalks, street trees, and streetlights. They shall be designed in accordance with the Design Standards and Guidelines for Eugene Streets, Sidewalks, Bikeways and Accessways, any other standards, and specifications adopted pursuant to Chapter 7 of this code and other adopted plans and policies. As discussed in EC 9.6870, Sterling Park Place has been constructed to City standards but is currently lacking street trees and sidewalks. As discussed above, the applicant has proposed to dedicate a 5-foot Public sidewalk easement along the frontage of Sterling Park Place and then to construct a setback sidewalk within the easement. With regard to street trees along Sterling Park Place, the following condition is warranted: • Prior to final plat approval, the applicant shall submit an Irrevocable Petition for public improvements in Sterling Park Place to include street trees. As discussed in EC 9.6870, Gilham Road has not been constructed to City standards and lacks, curbs and gutters, sidewalks, and street trees. For compliance with this standard, the following condition is warranted: • Prior to final plat approval, the applicant shall submit an Irrevocable Petition for public improvements in Gilham Road to include curbs and gutters, sidewalks, and street trees. Irrevocable petitions enable the City to initiate a local improvement process and obligate the property owners to pay their proportional share of the street construction costs in the future. The City could construct the street when the majority of benefitting property owners agrees to pay for the improvements. Based on the above findings and conditions, the proposed development will comply with these standards. EC 9.6505(5) Bicycle Paths and Accessways: Per the findings in EC 9.6820 and EC 9.6835 which are incorporated herein by reference, no bicycle paths or public accessways are required. (d) EC 9.6706 Development in Flood Plains through EC 9.6709 Special Flood Hazard Areas – Standards. These standards do not apply because the subject property is not located within a special flood hazard area as mapped by the Federal Emergency Management Agency. Staff Report Gilham Road | Z 21-10 and PT 21-21 Page 15 of 27 (e) EC 9.6710 Geological and Geotechnical Analysis. The standards for geotechnical analysis do not apply since the proposed development is not a tentative PUD, subdivision, or site review application with slopes equal to or greater than 5%, and does not include dedication or proposed construction of a new public street or alley, drainage, or wastewater facilities. (f) EC 9.6735 Public Access Required. The proposed partition complies with this standard as Parcel 1 will have frontage on Sterling Park Place, while Parcel 2 will have frontage on Sterling Park Place and Gilham Road, both of which are public streets. Public Works referral comments, which are available in the file for review, confirm that the standards at EC 7.420 Access Connection are either met, not applicable, or will be further enforced at the time of building permits and future development. (g) EC 9.6750 Special Setback Standards. As shown on the site plan, the applicant proposes to create a 25-foot special setback north of the centerline of Sterling Park Place. There is no requirement for a special setback since the existing right-of-way in Gilham Road exceeds the minimum street width requirements of EC 9.6870 and since there are no known planned utility easements or long-range infrastructure plans within this development site. Based on the above findings, this standard will be met. (h) EC 9.6775 Underground Utilities. The applicant’s site plan includes a note that indicates all proposed new utilities will be installed underground. Since the specific location of new structures is unknown as this time, the note is sufficient to demonstrate compliance with this standard and ensures that at the time of building permit new utilities will be placed underground. Based on the above findings and future permit requirements, this standard will be met. (i) EC 9.6780 Vision Clearance Area. A Vision Clearance Area is shown on the tentative plan at the corner of Gilham Road and Sterling Park Place. There are no existing or proposed visual obstruction within the vision clearance area. Staff notes that any future planting or vegetation maintenance shall comply with this standard. (j) EC 9.6791 through EC 9.6797 regarding stormwater flood control, quality, flow control for headwaters area, oil control, source control, easements, and operation and maintenance. Staff Report Gilham Road | Z 21-10 and PT 21-21 Page 16 of 27 EC 9.6791 Stormwater Flood Control: The partition, which will result in the creation of an additional residential lot, is located in a developed area served by an existing system of grid streets. The existing streets are served by a stormwater system designed and constructed to accommodate one- and two-family residential development. The existing stormwater system was designed by applying a generalized runoff factor over a large contributing area rather than accounting for runoff on a structure by structure basis. The addition of a single lot is consistent with the design assumptions made for the existing conveyance system to accommodate stormwater runoff at full build out. The additional lot will not have a significant effect on the measurable runoff and will not have a measurable negative effect on the capacity of the City’s stormwater conveyance system. There is no historical evidence of flooding in the area and the stormwater basin master plans do not identify any downstream decencies. For these reasons, the partition complies with 9.6791. A specific stormwater plan will be required during any future development permit process. Based on the above findings and future permit requirements, this standard will be met. EC 9.6792 Stormwater Quality: The Stormwater Quality standards at EC 9.6792(3) apply to all land use applications submitted after March 1, 2014. Because the proposed partition does not include the construction of public streets, private streets or new shared driveways, it is specifically subject to the Stormwater Quality Standard at EC 9.6792(3)(a), which requires the applicant submit a site plan that delineates the areas on the site that have infiltration rates less than 2 inches per hour, bedrock less than 5 feet below ground surface, groundwater elevations less than 6 feet or ground surface slopes greater than 10%. Note 3 of the tentative plan notes that the development site is mapped to have an infiltration rate of less than 2 incher per hour. However, there are no notes on the site plan that address bedrock depth, ground water elevations and ground surface slopes. Based on the above findings, the following condition is warranted: • Prior to final plat approval, the applicant shall submit an updated site plan with a note that addresses if any of the conditions listed at EC9.6792(3)(a) exist on site. Based on the above findings and condition, this standard will be met. EC 9.6793 – 9.6797: This standard applies to sites in headwaters area that drain directly to headwater streams or drain into pipes that discharge into headwater streams. The subject site is over 500 feet in elevation, but it does not directly drain into a headwater stream or drain into a pipe that discharges into a headwater stream. Therefore, this standard is not applicable. (k) All other applicable development standards for features explicitly included in the application. The applicant’s site plans show an existing house on proposed Parcel 1. As the feature is included in the application, a review of the location of the new property lines in relation to the structure is needed. Staff Report Gilham Road | Z 21-10 and PT 21-21 Page 17 of 27  EC 9.2740 Residential Zone Land Use and Permit Requirements The following applicable development standards are set forth in EC Table 9.2750: Building Height The site has an existing single-family dwelling. The proposed partition would establish the existing single-family dwelling on Parcel 2. The dwelling is approximately 12 feet in height and well under the maximum height of 30 feet allowed in the R-1 zone. Compliance with height standards for future development on Parcel 2 will be confirmed through the building permit process. Setbacks The minimum setbacks for this site are 10-foot front yard setback and 5-foot interior yard setback. The existing single-family dwelling on proposed Parcel 2 will have a north interior yard setback of 1.9 feet, a west interior yard setback of 42 feet, a south front yard setback of 11.7 feet, and an east front yard setback of 11.4 feet. Based on this information the existing single-family dwelling on Parcel 2 exceeds the minimum setback requirements except for the north interior yard. Based on property information research it appears the house was built in 1948 in this location and can be considered a nonconforming situation. Since this nonconforming situation is not created by the proposed new parcel line, the dwelling will remain on Parcel 2 as a nonconforming structure. Compliance with the setback standards of EC Table 9.2750 for future structures to be constructed on Parcel 1 will be confirmed through the building permit process. Lot Coverage The existing single-family dwelling on proposed Parcel 2 has a building footprint of approximately 920 square feet and a small shed approximately 50 square feet, for total lot coverage of 970 square feet. As proposed, Parcel 2 is 4,914 square feet, which translates to 19.7% lot coverage and is below the 50% maximum lot coverage standard for R-1 zoned property listed in EC Table 9.2750. Compliance with the lot coverage standards for Parcel 1 will be confirmed through the building permit process when a new single-family dwelling is constructed. Based on the available evidence, findings, condition and future permitting requirements, the partition will comply with the standards applicable under EC 9.8215(1)(k). (i) The applicable adopted plan policies beginning at EC 9.9500. The Metro Plan and Willakenzie Area Plan (WAP) are the adopted plans for the area of the subject property. The policies from these plans are listed at EC 9.9560 and EC 9.9700. The proposal is consistent with the site’s low-density residential designation on the Metro Plan land use diagram. There are no specific codified policies in the Metro Plan which serve as mandatory approval criteria or would generate any additional requirements for the proposed partition. Staff Report Gilham Road | Z 21-10 and PT 21-21 Page 18 of 27 The WAP (listed at EC 9.9700) includes policies specific to the North Region Unincorporated Subarea and Opportunity Area, where this site is located. The applicant is proposing to reconfigure the property into two parcels that meet minimum size requirements for Low- Density Residentially zoned property. As discussed previously in Section 1 at EC 9.8865(2) of this staff report and incorporated herein by reference, the development of this site as Low- Density Residential is consistent with general WAP land use policies and the policies listed in the Opportunity Area as it provides an opportunity for residential development. Staff finds there are no other policies within the WAP that appear to constitute mandatory approval criteria. Based on the available information and findings above, this criterion is met. EC 9.8215(2) The proposed partition will not create a new nonconforming situation. The proposed partition will create two parcels with Parcel 1 being undeveloped and an existing single-family dwelling on Parcel 2. As discussed at EC 9.8215(1)(k) and incorporated herein by reference, the existing single-family dwelling on proposed Parcel 2 will have a north interior yard setback of 1.9 feet, which is below the 5-foot minimum setback requirement for yards. The house was built in 1948 in this location and is considered a nonconforming situation. Since the existing nonconforming dwelling is not created by the proposed new parcel line, the proposed partition does not create a new nonconforming situation. Based on the above findings, this criterion is met. EC 9.8215(3) Partitions abutting collector and arterial streets comply with access management guidelines of the agency having jurisdiction over the street. This standard does not apply as the proposed partition does not abut a collector or arterial street. EC 9.8215(4) If the provisions of EC 9.8215(1) require a public street, or if the applicant proposes the creation of a public street, EC 9.8215(4)(a), (b) and (c) apply. This standard does not apply since the provisions of EC 9.8215(1)(b) do not require a new public street and no new public street is proposed by the applicant. EC 9.8215(5) As far as is practicable, lot side lines run at right angles to the street upon which the lots face, except that on curved streets they are radial to the curve. The new proposed lot line runs at a right angle to Sterling Park Place, which fronts the property, therefore this criterion is met. EC 9.8215(6) On R-1 zoned property, if the partition results in a parcel greater than 13,500 Staff Report Gilham Road | Z 21-10 and PT 21-21 Page 19 of 27 square feet in size based on EC 9.2761(5)(b), the application shall indicate the location of parcel lines and other details of the layout that show future division of the parcel may be made without violating the requirements of this land use code and without interfering with the orderly extension of adjacent streets, bicycle paths, and accessways. If the Planning Director deems it necessary for the purpose of future land division, any restriction of buildings within future street, bicycle path, and accessway locations shall be made a matter of record in the tentative plan approval. This standard does not apply since all proposed parcels are less than 13,500 square feet in size. STAFF RECOMMENDATION Consistent with the preceding findings of compliance with the Zone Change approval criteria at EC 9.8865, the Tentative Partition approval criteria at EC 9.8215, and based on all available information as of the date of this report, staff recommends the Hearings Official approve the zone change and tentative partition with the following conditions: 1. Prior to final plat approval, the applicant shall submit an Irrevocable Petition for public improvements in Sterling Park Place to include street trees. 2. Prior to final plat approval, the applicant shall submit an Irrevocable Petition for public improvements in Gilham Road to include curbs and gutters, sidewalks, and street trees. 3. Prior to final plat approval, the applicant shall submit an updated site plan with a note that addresses if any of the conditions listed at EC9.6792(3)(a) exist on site. According to 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 notice of decision is mailed, it may be appealed to the Eugene Planning Commission as set forth in EC 9.7650 through EC 9.7685. Attachments Attachment A: Vicinity Map Attachment B: Zoning Map Attachment C: Partition Plan Attachment D: EWEB Referral Comments Staff Report Gilham Road | Z 21-10 and PT 21-21 Page 20 of 27 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 the following links: https://pdd.eugene-or.gov/LandUse/SearchApplicationDocuments?file=Z-21-0010 https://pdd.eugene-or.gov/LandUse/ApplicationDetails?file=PT-21-0021 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 Nicholas Gioello, Associate Planner, Eugene Planning Division, at: (541) 682-5453; or by e-mail, at: NGioello@eugene-or.gov Staff Report Gilham Road | Z 21-10 and PT 21-21 Page 21 of 27  Gilham Road (City File: Z 21-10 and PT 21-21) Vicinity Map Attachment A STERLING CREEKSIDE WAY WOODS DR Subject Property Proposed Zoning: R-1 Low-Density Residential BUNGALOW CROSSING LN GILHAM RD TURNING OAK PL NELSON LN STERLING PARK PL COUNTRY HAVEN DR Subject Property Caution: This map is based on imprecise source data, subject to Taxlots change, and for general reference only. Eugene UGB ^ Created on 3/8/2022 by City of Eugene Planning Division Page 22 of 27 0 25 50 Ft 100 N  Gilham Road (City File: Z 21-10 and PT 21-21) Zoning Map Attachment B STERLING CREEKSIDE WAY WOODS DR AG R-1 BUNGALOW CROSSING LN GILHAM RD TURNING OAK PL NELSON LN STERLING PARK PL Subject Property COUNTRY HAVEN DR Current Zoning: AG Agricultural Proposed Zoning: R-1 Low-Density Residential Subject Property Caution: This map is based on imprecise source data, subject to Taxlots change, and for general reference only. Eugene UGB ^ Created on 3/8/2022 AG Agricultural by City of Eugene Planning Division R-1 Low-Density Residential Page 23 of 27 0 25 50 Ft 100 N Attachment C Page 24 of 27  Eugene Water & Electric Board Attachment D 4200 Roosevelt Blvd. Eugene, OR 97402 February 3, 2022 City of Eugene Planning Division Attn: Nick Gioello 99 W 10th Ave. Eugene, OR 97401 Re: PT-21-21 3840 Gilham Rd. Dear Nick, EWEB staff has reviewed the Land Use Referral: PT-21-21 3840 Gilham Rd. Map: 17-03-08-23, TL 03900, 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 underground facilities to the S.W. of Parcel 1. An electric service extension is required to serve Parcel 1. Extension of electric facilities will be designed to meet the City of Eugene Utility Permitting ordinances, land use ordinances, EWEB standards, and other applicable codes. The cost of facility relocation and extension to these parcels will be borne by the requesting customer and executed under EWEB policies and procedures at the time request for electric service is made. After EWEB provides the customer with an electric design, typically the electric service conduit and conductors are installed by customer to current codes and EWEB specifications, and inspected by EWEB. The applicant or their representative should initiate a design with EWEB electric by contacting Distribution Engineering at 541-685-7521 or DistributionEngineering@eweb.org. Electric comments or questions can be directed to: Roxy Satterfield Distribution Engineering Technician IV Eugene Water & Electric Board Office/fax 541-685-7166; roxy.satterfield@eweb.org Land Use: PT-21-21 3840 Gilham Rd. Page 1 of 3 Page 25 of 27  Eugene Water & Electric Board 4200 Roosevelt Blvd. Eugene, OR 97402 Water Comments: There is an existing 6" water main on the south side of Sterling Park Place. Parcel 2 currently has a water service, parcel 1 will need a seperate service. Contact EWEB's Building & Renovation services at (541) 685-7086 to arrange for the new water service. EWEB Water recommends the developer contact the Fire Marshall concerning fire protection requirements for building permits. EWEB water does not allow installation of any water facilities under proposed "rain gardens" or any open drainage structure within the right-of-way. Provisions within the design must be made to accommodate the installation of water facilities (services & hydrants) at common lot corners. A minimum 5' wide "utility corridor" at service crossing and hydrant locations is required. State Drinking Water regulations (OAR 333-061-0050(10)) require a minimum separation between water and sewer lines of 10' where they run parallel to each other, unless the sewer line is located with 1.5' of clearance lower than the water line then the required separation is 5'. EWEB owned water facilities will be located in the right-of-way, or in a minimum 7' public utility easement (PUE) adjacent to the public right-of-way, or in a minimum 14' PUE when not adjacent to public right-of-way. 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: Easements must be either Public Utility Easements or EWEB Easements if they are to accommodate EWEB’s electrical system. If a Public Utility Easement is designated on the plat, the plat should include the customary Note for PUEs: “No building, structure, trees, shrubbery or other obstruction shall be placed or located on or in a public utility easement.” If an EWEB Easement is designated on the plat, a separate EWEB Easement document will need to be created by EWEB Property Management. This document will be recorded with the Plat. In addition, if an EWEB Easement is designated on the plat, EWEB requests that a Note be added to the plat stating: “EWEB easements shall include EWEB and its joint users with whom it may contract. At no time shall any building, structure, sign or other obstruction be erected or placed or located within an EWEB utility easement area without prior written consent of EWEB.” Right-of-Way comments or questions can be directed to: Rafael Sebba Right-of-Way Agent Eugene Water & Electric Board Office/Fax 541-685-7710; rafael.sebba@eweb.org Land Use: PT-21-21 3840 Gilham Rd. Page 2 of 3 Page 26 of 27  Eugene Water & Electric Board 4200 Roosevelt Blvd. Eugene, OR 97402 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, Digitally signed by Chris Chris Irvin Irvin Date: 2022.02.03 16:24:08 -08'00' Crystal Williams Chris Irvin Distribution Engineering Supervisor Water Engineering Supervisor - AIC Eugene Water & Electric Board Eugene Water & Electric Board (541) 685-7427 (541) 685-7619 crystal.williams@eweb.org christopher.irvin@eweb.org Land Use: PT-21-21 3840 Gilham Rd. Page 3 of 3 Page 27 of 27