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. The Permit and Information Center (PIC) is open 12:00pm—4:00pm, Monday through Friday. 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 22, 2023 – Public Hearing 5:00 pm Hearing Official: Virginia Gustafson Lucker I. PUBLIC HEARING: LINCOLN SCHOOL PARK (Z 22-14) A Zone Change request to remove the /PD Planned Unit Development Overlay Zone from the subject property. There is no proposed change of use or base zone. File Name (#): LINCOLN SCHOOL PARK (Z 22-14) Location: 730 W. 12th Ave Assessor’s Map / Tax Lot: 17-03-31-32 / 08900 Lead City Staff: Jeff Gepper, Senior Planner 541-682-5282, JGepper@eugene-or.gov II. PUBLIC HEARING: JEFF PRITCHARD (WG 22-2) A Willamette Greenway permit request to establish the development area within which the applicant intends to construct a single-unit dwelling. File Name (#): JEFF PRITCHARD (WG 22-2) Location: No Address - adjacent to 360 Loretta Way Assessor’s Map / Tax Lot: 17-04-24-21 / 04701 Lead City Staff: Joshua Hoff, Associate Planner 541-682-5437, JHoff@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://eugene-or-gov.zoom.us/j/89675214646 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: 896 7521 4646 +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://eugene-or-gov.zoom.us/u/kBMeRzxTK 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 File Name (Number): Lincoln School Park (Z 22-14) Owner/Applicant: City of Eugene Applicant’s Representative: Emily Proudfoot, Eugene Parks & Open Space Lead City Staff: Jeff Gepper, Senior Planner Relevant Dates: Application Submitted: November 2, 2022 Deemed Complete: January 31, 2023 Public Hearing: March 22, 2023 Subject Site: 730 W 12th Avenue Size (Acres/Sq.Ft.) 0.77 acres / ~33,541 Square Feet Map No. / Tax Lot: 17-03-31-32 / 08900 Existing Zoning R-2 /PD Medium-Density Residential with Planned Unit Development Overlay Zone Proposed Zoning R-2 Medium-Density Residential Application Summary The applicant is requesting approval of a Zone Change to remove the /PD Planned Unit Development Overlay Zone from a .77-acre property. The site currently has a base zone of R-2 Medium Density Residential. The site is developed as a City park named Lincoln School Park and the application is sought to facilitate planned park renovations. 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 Eugene Code Section (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. Staff Report Lincoln School Park | Z 22-14 Page 3 of 27 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 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 is requesting approval of a Zone Change to remove the /PD Planned Unit Development Overlay Zone from a .77-acre property. The site currently has a base zone of R-2 Medium Density Residential. The site is developed as a City park named Lincoln School Park. As detailed in the applicant’s narrative, the Lincoln School Park was formerly part of the Lincoln School Site generally and incorporated into the Planned Unit Development (PUD) approval for the site under City File PD 90-2. Specifically, the park area was considered as part of the development site in order calculate and reach the desired density as the former Lincoln School was renovated into multi- unit condominiums. While the park was considered in the density calculation of the site as a whole, staff’s analysis of the PUD identified that the park improvement phase of the PUD expired under the specific expiration clauses provided in the original PUD. Given the expired state of the park phase of the PUD, the current desired park renovations would require a new PUD approval due to the site’s /PD Overlay Zone. The applicant, the City of Eugene Parks and Open Space Division, plans to renovate and update Lincoln School Park. As discussed above, with the current zoning on the site having the /PD Overlay Zone, a new PUD application and approval would be required in order to make the desired park renovations. To mitigate the need for a new PUD approval for just the renovations Staff Report Lincoln School Park | Z 22-14 Page 4 of 27 to the park, the City’s Parks and Open Space Division is seeking the removal of the /PD Overlay Zone, which will eliminate the need for a new PUD prior to the park’s renovation. The property is designated on the Metro Plan Diagram as Medium Density Residential, which is consistent with the current base zone, R-2 Medium-Density Residential. No change to the base zone is proposed. The subject property is within the plan area of the Westside Neighborhood Plan (1987) and within the “Central Residential Area” as depicted on the Westside Plan’s Land Use Diagram. Lands to the north and west of the subject property are zoned as Jefferson Westside Special Area Zone, while properties to the east are zoned R-2/PD and R-3. The property immediately south of the park is zoned R-2/PD and the Lane County Fairground are across 13th Avenue and zoned PL Public Land. The subject property is surrounded by a mix of residential properties that range from the multi-unit condominiums in the former Lincoln School to the east, apartments to the south, and a mix of single-unit and duplex development to the north and west. For ease of reference, maps of the subject site vicinity and zoning can be seen in Attachments A and B. Timing, Notice, and Testimony Application Submitted November 2, 2022 Deemed Complete January 31, 2023 Application DLCD Notice February 16,2023 Timeline Public Notice (per EC 9.7315) February 17, 2023 Public Hearing March 22, 2023 Testimony As of the publication of this report, one piece of written testimony was received regarding this proposal. Said testimony was from Ted Coopman, who stated that the Executive Board of the Jefferson Westside Neighbors supports the land use [zone] change. This testimony is included in Attachment C. If 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. Staff Report Lincoln School Park | Z 22-14 Page 5 of 27 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 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 remove the /PD Overlay Zone with no change to the base zone of the subject property, which is R-2 Medium-Density Residential. The Metro Plan diagram designates the subject property for Medium Density Residential, which is implemented through the existing R-2 zone. As no change is proposed to the base zone, the applicant’s request is consistent with the Metro Plan diagram. 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 Westside Neighborhood Plan (WNP) refinement plan area. The WNP designates the subject property as being within the “Central Residential Area”. Unlike other Refinement plans, the WNP does not explicitly identify a land use designation within the WNP’s Land Use Diagram. Rather, the plan describes the Central Residential Area in detail and provides a Zoning History and set of area specific policies. As described in the WNP, the Central Residential Area is characterized by single-unit dwellings, as well as mixture of duplexes and small apartments. The description continues in detail about the Lincoln School, which includes the subject property, because of the school’s closure near to the time the plan was drafted. Given the heightened awareness of the school’s redevelopment potential, the plan laid out a specific policy (Central Residential Area Policy 4) that is focused on requests for the rezoning of the Lincoln School site, which applies to the subject property. Staff Report Lincoln School Park | Z 22-14 Page 6 of 27 Central Residential Area Policy 4 states: In 1990, the Lincoln School site, including the subject property, was rezoned from PL Public Land to R-2 Medium Density Residential with the /PD Overlay Zone. While Policy 4 above encourages the application of the /SR Site Review Overlay Zone, the applicant at the time opted to apply the /PD Overlay Zone, as they were actively applying for a PUD anyways. The result was that Policy 4 was implemented for the Lincoln School, which was approved under a PUD, which is arguably a more rigorous application type than a Site Review. Regarding sub-policy 4.a., the Central Residential Area policies 1 and 2 are generally focused on the residential nature of development in this area and the preservation of housing. The requested removal of the /PD overlay zone does not impact consistency with these policies. Regarding sub-policy 4.b., the policy encourages the City to consider the application of the /SR overlay zone to create a “positive link between the new development and surrounding area.” This policy is generally directed toward the development or redevelopment of the Lincoln School itself, but could also be interpreted as applying to the Lincoln School Park as well. To the end, at the time this policy was drafted, Site Review was a common tool in the land use code to ensure compatibility due to a lack of development standards that would otherwise ensure compatibility. Under modern code (EC Table 9.2740 and 9.2741(7)), park uses within residential zones are required to adhere to those development standards set out in the PRO Parks, Recreation, and Open Space zone. The PRO development standards beginning at 9.2640 include development standards to provide buffering of park uses from adjacent properties (i.e. PRO Zone Special Setbacks at 9.2640(4)) and limited building heights near property lines. These Staff Report Lincoln School Park | Z 22-14 Page 7 of 27 standards, in conjunction with other development standards beginning at 9.6000, are included to provide separation between park uses and adjacent residential properties. Given that the Lincoln School has already been redeveloped and new development standards now apply to park uses, in considering this policy, staff would not recommend the /SR Site Review Overlay Zone be applied to the property. Finally, as encouraged under sub-policy c., the Lincoln School Park was established during the original PUD approval (City File PD 90-2) and was used as a “density transfer” and remains in use a public neighborhood park. There are no other policies within the WNP 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 There is an existing 22-inch diameter public wastewater line available to the south of the subject property. Stormwater Public stormwater is available in the West 12th Avenue right-of-way b. A 24-inch stormwater line is also located within the subject property. At the time of future development, applicants will be required to address all applicable stormwater management standards including flood control, water quality, oil control, easements, and operation and maintenance. Streets The site has frontage along West 12th Avenue, a local street owned and maintained by the city of Eugene. Solid Waste Collection service is provided by private entities. Regional disposal sites and the Short Mountain Landfill are operated by Lane County. Water and Electric The site has existing water service connection provided by Eugene Water and Electric Board (EWEB). Electrical service is available to the site via an EWEB electrical pole located at the Staff Report Lincoln School Park | Z 22-14 Page 8 of 27 southwest corner of the subject property. Any future development will require coordination with EWEB staff to ensure that water and electric services comply with City standards and related EWEB requirements. Public Safety Police protection for the subject property is consistent with service provision through the City. Fire protection will be provided by the Eugene/Springfield Fire Department. Emergency medical services are currently provided on a regional basis by the cities of Eugene and Springfield. Transportation The subject property is accessible to pedestrians, bicycles, and vehicles via the surrounding street network. Lane Transit District lines provides bus service along W 11th Avenue to the north and West 13th Avenue to the south. Parks and Recreation The site is currently used as a City Park. Parks and recreation programs are provided on a City‐ wide basis. The inclusion of the subject property in the City is sufficient evidence to demonstrate the minimum level of this key urban service is met. Planning and Development Services Planning and building permit services are provided for all properties located within the urban growth boundary by the City of Eugene. The Eugene Code, Chapter 9, will provide the required land use controls for future development of the subject property. Communication A variety of telecommunication providers offer communications services throughout the Eugene/Springfield area; therefore, these services are accessible, and this key urban service requirement is met. Public Schools The subject property is within the 4J School District (Chavez Elementary, Arts & Technology Middle School, and Churchill High School). As access to schools is evaluated on a district wide basis, the property’s location within the school district is sufficient evidence to demonstrate the minimum level of this key urban service is met. The proposed zone change will not impact the availability of the urban services listed above, which already exist for the subject property. Based on these findings, this criterion is satisfied. 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. As the base zone is not changing, nor are any overlay zones proposed to be sited on the subject property, this criterion is not applicable. Staff Report Lincoln School Park | Z 22-14 Page 9 of 27  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 follows. As adopted, OAR 660-012-0060(1) states: (1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation (including a zoning map) would significantly affect an existing or planned transportation facility, then the local government must put in place measures as provided in section (2) of this rule, unless the amendment is allowed under section (3), (9) or (10) of this rule. The proposal qualifies for an exception under subsection (9), because the applicant is requesting zoning that does not change the subject property base zone, which 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: Staff Report Lincoln School Park | Z 22-14 Page 10 of 27  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. With no change to base zone, the proposed zoning of the subject property is consistent with the Metro Plan and the Medium 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 remain 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 Lincoln School Park | Z 22-14 Page 11 of 27  STAFF RECOMMENDATION Consistent with the preceding findings of compliance with the Zone Change approval criteria at EC 9.8865, and based on all available information as of the date of this report, staff recommends the Hearings Official approve the request to remove the /PD Planned Unit Development Overlay Zone from the subject property. 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: Public Testimony 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=Z-22-0014 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, Eugene Planning Division, at: (541) 682-5282; or by e-mail, at: JGepper@eugene-or.gov Staff Report Lincoln School Park | Z 22-14 Page 12 of 27  Lincoln Park School Zone Change (City File: Z 22-14) Vicinity Map Attachment A W 10TH ALY W 11TH AVE JEFFERSON ST W 11TH ALY ADAMS ST MONROE ST W 12TH AVE W 12TH ALY Proposed Removal of W 13TH AVE /PD Planned Unit Development Overlay Zone WASHINGTON ALY FAIRGROUNDS MADISON ST ENTRANCE LA RD FA N IR CO E GR OU ND S Subject Property Caution: This map is based on imprecise source data, subject to Taxlots change, and for general reference only. Eugene UGB Created on 3/14/2023 by City of Eugene Planning Division ^ Page 13 of 27 0 45 90 Ft 180 N  Lincoln Park School Zone Change (City File: Z 22-14) Zoning Map Attachment B C-1 MADISON ST Proposed Removal of /PD Planned Unit Development Overlay Zone R-3 S-JW MONROE ST JEFFERSON ST W 12TH AVE W 12TH ALY R-2 W 13TH AVE R-1 LANE FAIRGRO UN D S CO ENTRANC PL E FAIRGROUNDS RD Subject Property Caution: This map is based on Taxlots imprecise source data, subject to /PD Overlay Zone change, and for general reference only. C-1 Neighborhood Commercial PL Public Land Created on 3/14/2023 by City of Eugene Planning Division R-1 Low-Density Residential R-2 Medium-Density Residential ^ R-3 Limited High-Density Residential Jefferson Westside SAZ Page 14 of 27 0 30 60 Ft 120 N  Attachment C GEPPER Jeffrey A From: Jefferson Westside Neighbors <jwneugene@gmail.com> Sent: Thursday, March 2, 2023 8:58 AM To: GEPPER Jeffrey A Subject: Lincoln School Park (Z 22-14) Tesimony [EXTERNAL ] Hi Jeff, Testimony Concerning: Lincoln School Park (Z 22‐14) Location: 730 W. 12th Ave Lot: 17‐03‐31‐32/08900 The Executive Board of Jefferson Westside Neighbors (JWN) supports the land use change, as proposed by the City of Eugene, Emily Proudfoot, Parks and Open Space, to remove the /PD Planned Unit Development Overlay Zone at Lincoln School Park (Z 22‐14). Emily Proudfoot of Eugene Parks and Open Space has consulted the JWN on the improvements to Lincoln School Park and engaged in a robust public process with neighbors. For this much needed and twice delayed project to move forward, the /PD Planned Unit Development Overlay Zone must be removed. Of the options discussed, this is the most innocuous to allow the remodeling project to move forward. Sincerely, Ted M. Coopman, Chair. ‐‐ Jefferson Westside Neighbors Executive Board Eugene, OR www.jwneugene.org 1 Page 15 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 Willamette Greenway Permit File Name (Number): Jeff Pritchard (WG 22-2) Owner/ Applicant: Jeffrey Prichard Applicant’s Representative: Jeff Truett, Metro Planning, Inc. Lead City Staff: Joshua Hoff, Associate Planner Relevant Dates: Application Submitted: November 3, 2022 Deemed Complete: February 7, 2023 Public Hearing: March 22, 2023 Subject Property Location: No Address – adjacent (South) to 360 Loretta Way Map No. / Tax Lot: 17-04-24-21 / 04701 Application Summary The applicant intends to develop a vacant lot with a single-unit 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. Page 16 of 27 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 requests approval of a Willamette Greenway Permit to establish a development area within a vacant lot to construct a single-unit dwelling. Note, duplexes are an allowed use within the R-1 zone, and as this property is zoned R-1, is a permitted use within the proposed development area. The applicant is therefore requesting approval of a Willamette Greenway Permit application to develop the vacant property 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 undeveloped (Tax Lot 04701 of Assessor’s Map 17-04-24-21). The subject property is approximately 0.48 acres in size, located on the east side of Denis Drive and west of the West Bank Path. The property was annexed into the City on July 25, 2022 in accordance with Council Resolution No. 5365. The subject property is zoned R-1 low density residential and is surrounded by residential development consistent with the R-1 zone and park land to the east. The subject property is approximately 376 feet from the ordinary low water line of the westside of the Willamette River. The subject property is separated from the river by the West Bank Path which is a part of the Ruth Bascom Trail network. 2 Page 17 of 27 For ease of reference, a map of the subject site and the vicinity can be seen in Attachment A. The applicant proposes to develop the lot in accordance with the R-1 zone standards. While the applicant has submitted building elevations for a proposed design, this is purely conceptual and only illustrates one likely concept of future development. The applicant’s development area site plan is attached in Attachment B. Timing, Notice, and Testimony Application Submitted Nov. 3, 2022 Application Deemed Complete Feb. 7, 2023 Timeline Public Notice (per EC 9.7315) Feb. 16, 2023 Public Hearing Mar. 22, 2023 Testimony As of the publication of this report, one piece of written testimony has been received in support of the 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 approximately 87 feet from the Willamette River ordinary high water line (illustrated on exhibit A6b, submitted February 7, 2023). A property owned by the City of Eugene separates the subject property and the Willamette River, containing the West Bank Path and vegetation. This proposal does not propose to alter the property owned by the City of Eugene. 3 Page 18 of 27 The proposed development area configuration reserves the eastern portion of the property for landscaping and other non-development features as illustrated on Attachment B. The applicant’s application materials state “the applicant proposes no landscaping at this time…Once the house is constructed, any area not developed, if any exists, will be placed into landscaping or open space. However, until the house is constructed, an accurate proposal cannot be provided.” A house, subject to further development code compliance, is intended to be placed within the proposed development area and the space within the subject parcel (excluding the development area within the subject property) is intended to “be placed into landscaping or open space”. The subject property, to the greatest degree possible, proposes a development area that maintains areas for landscaping, vegetation, and open space (due to lot coverage limitations of the subject parcel). 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 directly abut the Willamette River. A property owned by the City of Eugene separates the subject property from the Willamette River. The City-owned property contains the West Bank Path and vegetation. The subject property is located on Denis Drive, connecting to Arbor Drive and River Road and thereby intersects both East Hillcrest Drive and Merry Lane. East Hillcrest and Merry Lane connect to the West Bank Path and the Ruth Bascom Riverbank Path System, a public access path system located along the river. Note, closer to the site, is the street end of Arbor Drive that contains an informal path to the West Bank Path. This path is identified in Eugene’s 2035 Transportation System Plan as a proposed bike accessway. 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 within the Willamette Greenway. As relevant here, staff believes this policy is met to the extent that the proposed development of single-unit dwelling 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. 4 Page 19 of 27 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.). The subject property is located approximately 87 feet from the Willamette River ordinary high water line. A property owned by the City of Eugene is located between the subject property and the Willamette River. The applicant proposes a development area on the western portion of the subject property. The proposed development area configuration reserves the eastern portion of the property for landscaping and other non-development features therein creating a de facto setback at the development area’s easternmost boundary. This de facto setback (i.e. the eastern boundary of the development area) is illustrated on Attachment B. 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 approximately 87 feet from the Willamette River ordinary high water line. A property owned by the City of Eugene is 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. 5 Page 20 of 27 This standard is applicable as the subject property is identified in the Metropolitan Plan Natural Assets and Constraints Working Paper as containing “Prominent and Plentiful Vegetation”. The proposed development area is in the western portion of the subject site, away from the easterly Willamette River. The proposed development area configuration reserves the eastern portion of the property for non-development elements including, but not limited to, existing vegetation, landscaping, and reservation of open space as detailed in Attachment B. Within the subject property and to the greatest degree possible, the proposed development area maintains room for existing vegetation. This standard is met. (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. 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. 6 Page 21 of 27  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 area for the vacant lot in accordance with the requirements and standards of the R-1 zone. This Willamette Greenway Permit is 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 development requirements and standards in place at the time of Willamette Greenway Permit approval. Therefore, any future development will be required to meet the current development 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 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 13th day after the date the decision was mailed. Post Approval If approved and unless the decision specifies otherwise, a Willamette Greenway permit approval shall expire 18 months after the effective date of approval unless actual construction or alteration has begun under a required permit, or in the case of a permit not involving construction or alteration, actual commencement of the authorized activity has begun. However, the applicant may submit a modification application at any time before the 18-month period has expired, requesting an extension of the approval period. The applicant may request more than one extension. Under no circumstances, however, can the total combined extension periods exceed 36 months from the original expiration date. Within S-DR, upon approval of a 7 Page 22 of 27 Willamette Greenway Permit concurrently with Type V code amendments and other plan amendments, plan adoption, or zone change; the Willamette Greenway permit shall remain in effect so long as the S-DR zone remains in effect. Informational Items Referrals and written comments are included in full in the record and available for review upon request. Lane County Public Works Information Items • If stormwater runoff is to be discharged from roofs, hardscaping and driveways to County ROW the applicant shall comply with the following: o Lane Manual 15.045.515 – Drainage ▪ Roadside ditches and other drainage facilities must be designed solely to promote drainage of the roadway without interfering with natural waterways. Whenever a road crosses a natural channel or waterway, culverts must be installed to maintain the natural water flow. Such natural waterways may be identified by survey or the topography or aerial photography of the surrounding terrain. ▪ Water may not be diverted from a natural channel or otherwise from private property down a roadside ditch unless it appears beneficial to a new road construction project, in which case the Department must first enter into an agreement with affected property owners regarding the proposed diversion. • In lieu of preventing the applicant from discharging to the County ROW, the increased runoff above the natural runoff (runoff from the hard surface areas) will need to be captured and detained on-site and metered out into the roadside ditch or ROW. The applicant will need to provide a drainage study detailing the onsite drainage system, including existing flow, increased runoff from the development, quantities, detail drawings, etc. The 25-year storm event shall be used for this analysis. • The applicant shall also comply with the following Local Access Road requirements: o Ensure the development meets the LC 15.045 Minimum Requirements for Local Access Roads (9) Any proposed placement of facilities or development within the road and right-of-way of a Public Road or Local Access Road is subject to the following: a) Any person performing work does so at the person’s own sole risk and must indemnify, save harmless and defend Lane County, its divisions, commissioners, officers, agents and employees, from all claims, suits, actions and damages arising out of or resulting from the work. Such 8 Page 23 of 27  indemnity is not limited by reason of the enumeration of any insurance coverage that may exist. b) Due diligence must be completed prior to starting work to insure compliance for items including, but not limited to, all of the following: I. Land Use requirements under Lane County Land Management Division (LMD), II. The Federal Endangered Species Act (ESA), III. The State Historic Preservation Office (SHPO), IV. General construction standards or the Oregon Department of Transportation (ODOT) Standard Specifications for construction, V. Public Utility Commission (PUC) requirements, VI. The Oregon Utility Notification Center (OUNC) provisions and the Oregon Revised Statutes (ORS), and VII. Traffic control requirements in accordance with the Manual on Uniform Traffic Control Devices (MUTCD), ODOT, and Lane County standards. c) Safety Requirements. Operations must ensure safety to the public and protection of the road system. Safety precautions must include such stipulations reasonably related to safety requirements. Should it be necessary to interrupt or redirect traffic, procedures designated by the Manual on Uniform Traffic Control Devices publication cited in LM 15.450 will apply. Roads must be kept free of debris. Flaggers, barricades and other safety devices must be employed as necessary to warn traffic of possible hazards. Lighted warning lights must be maintained where necessary between the hours of sunset and sunrise. d) Construction. Facilities must be constructed or maintained in conformance with accepted engineering practices and standards. - LC 15.053 Recording Requirements for Properties Served by LARs is invoked For more information on Lane County requirements, please contact Mike Soliwoda, Senior Engineering Associate/Facility Permits Supervisor, mike.soliwoda@lanecountyor.gov 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: Subject Site and Vicinity Map Attachment B: Applicant’s Conceptual Site Plan 9 Page 24 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: https://pdd.eugene-or.gov/LandUse/SearchApplicationDocuments?file=WG-22-0002 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 Josh Hoff, Associate Planner, Planning Division, at: (541) 682-5437 or by e-mail, at: JHoff@eugene-or.gov. 10 Page 25 of 27  Jeff Pritchard WG 22-2 Vicinity Map Attachment A WI ARBOR DR L ME LA- RIV TTE ER DENIS DR LORETTA WAY Willamette Greenway Boundary (Approx.) Subject Parcel Caution: This map is based on Taxlots imprecise source data, subject to change, and for general reference only. Eugene UGB ^ ^ Created on 3/6/2023 by City of Eugene Planning Division Page 26 of 27 0 20 40 80 Ft N  Attachment B SITE PLAN FOR PRITCHARD-LORETTA WAY NE 1/4 NWl/4,SECTION 24,TOWNSHIP 17 SOUTH,RANGE 4 WEST,W.M. LANE COUNTY,OREGON 17-04-24-21-04900 DATE PREPARED: FEBRUARY 03, 2023 Owner: Sprecher Matthew K SITE ADDRESS: ZONING: LORETTA WAY LO (LOW-DENSITY RESIDENTIAL) OWNER/APPLICANT: 17-04-24-21-04600 JEFFREY PRITCHARD REFINEMENT PLAN: Owner: McProud O Bryce & Deanna RIVER ROAD/SANTA CLARA ) 6806 SE 45TH AVE #B PORTLAND, OR 97206 REFINEMENT PLAN 17-04-24-21-04700 OWNER/APPLICANT OVERLAY: A I Owner: McProud O Bryce & Deanna 5' PROPOSED REPRESENTATIVE: DFIRM ZONEX 17-04-24-21-05900 S88 ° 26'46"E 217' 1 SETBACK METRO PLANNING, INC Owner: Pimmel Stephanie 846 A STREET SUBJECT PROPERTY AREA: & Patrick Robert A 91 18' PROPOSED 120' t _ _/ __ -C -- -- _/� SPRINGFIELD, OREGON 97477 PH: 541-302-9830 +/-20,903 square feet ,� i-- 80' _____, SETBACK 17-04-24-10-00500 SERVICES: \01 � Owner: City Of Eugene CITY SERVICES 3:: � PROPOSED DEVELOPMENT AREA LEGEND ±9600 SQFT Ex. P. w- 6"-DI BOUNDARY LINE ADJACENT LOT LINE �--------=-:: 120'__ ____J__ l ww- E. WASTEWATER -- LORETTA WAY =E LATERAL, LINE & MANHOLE N88 ° 26'45"W 248' A I -- - ST - -----@) EXISTING STORM MANHOLE 5' PROPOSED� - GAS-- GAs--Jsl EXISTING GAS METER,LINE SETBACK 0 - - w- � EXISTING WATER VALVE,LINE E. l' CONTOUR LINE l7-04-24-21-04800 I Owner: Pritchard Joint Trust Map compiled from record data, Lane County GIS I Shapefiles, Aerial photos, and Dogami Lidar data. Survey field data was not gathered, and this map is not a survey. SCALE 1 " = 40' I METRO PLANNING, INC 846 A STREET SPRINGFIELD,OR. 97477 I 541-302-9830 PLANNING NUMBER: ASSESSORS MAP: 17-04-24-21 TAX LOT: 04701 Revised By: TS Page 27 of 27