Planning Commission

AGENDA Phone: 541-682-5481 Meeting Location: www.eugene-or.gov/pc Virtual Meeting (Via Zoom) The Eugene Planning Commission welcomes your interest in these agenda items. This meeting will be held remotely using virtual meeting technology. Information about online or other options for access and participation is available on the last 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 Planning Commission meeting based on service availability but may occur as a follow up service. To arrange for these services, contact the Planning Division at 541-682-5675. TUESDAY, July 11, 2023 – Public Hearing (5:30 pm) Eugene Planning Commissioners: Ken Beeson; Diane Behling; Tiffany Edwards; Lisa Fragala (Vice Chair); Dan Isaacson (Chair); Jason Lear, Chris Ramey The Commission will begin the meeting with the City’s Land Acknowledgement statement: Since time immemorial the Kalapuya people have been the Indigenous stewards to our region, building dynamic communities, maintaining balance with wildlife, and enacting sustainable land practices. This land acknowledgement is a way of resisting the erasure of Indigenous histories and to honor Native communities by inviting truth and reconciliation. Following treaties between 1851 and 1855, Kalapuya people were dispossessed of their Indigenous homeland by the United States government and forcibly removed to the Coast Reservation in Western Oregon. As we consider the impacts of colonization, we also acknowledge the strength and resiliency of displaced Indigenous people. The City of Eugene is built within the traditional homelands known as Kalapuya Ilihi. Kalapuya descendants are citizens of the Confederated Tribes of Grand Ronde Community of Oregon and the Confederated Tribes of the Siletz Indians of Oregon, they continue to make contributions in our communities here and across the lands. We express our respect for the inherent political sovereignty of all federally recognized Tribal Nations and Indigenous people who live in the State of Oregon and across the nation. Therefore, the Planning Commission recognizes that what we do today will affect the many generations who will come after us. I. Public Hearing: MIMS HOUSES (City File Z 23-1) Planning Commission will hold a Public Hearing on a Zone Change request to establish the S-HM Historic Mims Houses Special Area Zone and change the zoning from R-2/20 to S-HM for the Mims Houses site. City Staff: Josh Hoff, 541-682-5437, JHoff@eugene-or.gov Page 1 of 24 Public Hearing Format: Following the informational overview from staff, the Planning Commission will open the public hearing for public comment. Testimony will be limited to three minutes per person. The Planning Commission may seek a response to testimony from City staff. At the end of the hearing, the Planning Commission Chair will announce whether the record is closed, the record will be held open, or the public hearing will be continued. HOW TO ACCESS THE MEETING To watch a webcast of the meeting live: Visit: https://www.eugene-or.gov/2109/Planning-Commission-Webcasts To be able to participate in the Public Hearing join using one of the two following options: 1. Join on your computer, tablet or smartphone Visit: https://eugene-or-gov.zoom.us/j/88568352100 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: 885 6835 2100 +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/kbEgyMKe59 Sign up to speak by dialing *9 (Star-9) Page 2 of 24  AGENDA ITEM SUMMARY July 11, 2023 To: Eugene Planning Commission From: Joshua Hoff, Associate Planner Jeff Gepper, Senior Planner Gabe Flock, Principal Planner Subject: Mims Houses Zone Change Application to Establish S-HM Historic Mims Houses Special Area Zone (City File: Z 23-1) ACTION REQUESTED The Planning Commission will hold a public hearing on a proposed zone change to establish a new Historic Special Area zone for the Mims Houses site (located at 330, 334, and 336 High Street). The proposed zone is site-specific and would establish the S-HM Historic Mims Houses Special Area Zone. Following this public hearing, the Planning Commission will potentially deliberate and make a zone change recommendation to City Council. Additional background, links to related materials, and a brief overview of the proposed Mims Houses zone change are provided below. For ease of reference, a vicinity map and draft of the proposed S-HM Historic Mims Houses Special Area Zone are included as Attachments A and B. BACKGROUND The applicants, Willie and Sally Mims (Mims Houses LLC) are requesting the establishment of a (S-HM) Historic Special Area zone for the Mims Houses property, located at 330, 334, and 336 High Street. The purpose of a S-HM Historic Special Area Zone is to recognize areas possessing distinctive buildings or features that have significance for the community and require special consideration or implementation of conservation and development measures that cannot otherwise be achieved through application of the City’s standard base zones. If approved, the newly established Historic Special Area Zone will be named the S-HM Historic Mims Houses Special Area Zone and contain site-specific zoning and development criteria. The Mims Houses property is a City Historic Landmark and is on the National Register of Historic Places. The property contains two structures, the original Mims House, referred to as Mims House I, and a two-unit dwelling known as Mims House II. Establishment of the S-HM Historic Mims Houses Special Area Zone on the property will help ensure the long-term preservation of the Mims Houses property and continue the site’s productive and historic role in the community. Most notably, the proposed S- HM Historic Mims Houses Special Area Zone would permit a “Club and Lodge of State or National Organization” and “Community and Neighborhood Center” as additional permitted land uses on the property. The property is currently zoned R-2/20, Medium-Density Residential with a Residential Density Range Overlay Zone limiting the number of dwellings to 20 units per acre. Generally, the proposed S-HM Historic Mims Houses Special Area Zone mirrors the development and lot standards in Page 3 of 24 the R-2 Zone, except for standards regarding motor vehicle parking, lot area, setbacks, and landscaping. On May 9, 2022, the City Council unanimously passed a motion to use up to $7,500 of Council contingency funds to pay the City application fee for the establishment of a Special Historic Zone for the Mims Houses site. On May 22, 2023 the City Council moved and passed a consent item to initiate the Mims Houses zone change and begin review using Type V procedures. More information about the proposal is included in the application materials at: https://pdd.eugene- or.gov/LandUse/SearchApplicationDocuments?file=Z-23-0001. PROCEDURAL SUMMARY AND PUBLIC NOTICE This application follows the Type V procedures of the Eugene Code starting at EC 9.7500. Due to the site-specific scope for the establishment of a S-HM Historic zone, this is a quasi-judicial land use decision. The adoption process includes notice to interested parties in accordance with EC 9.7520. Approval of the zone change is subject to compliance with the criteria for establishment of a Special Area Zone at EC 9.3020 and the zone change approval criteria at EC 9.8865. Findings demonstrating compliance with these approval criteria are included as Attachment C. Following the initial public hearing conducted by the Planning Commission, the Commission will deliberate and provide a recommendation to City Council to approve, approve with modification, or deny the proposal. A second public hearing will then be held by the City Council prior to final action. Written testimony received in response to the public hearing notice, as of the date of this staff report, is included as Attachment D. Any written testimony received after the date of this staff report will be provided to the Planning Commission separately. STAFF RECOMMENDATION/NEXT STEPS Based on the available information and materials in the record, and the attached preliminary findings (see Attachment C), staff finds that the proposal complies with the applicable approval criteria. Staff recommends the Planning Commission deliberate and issue a recommendation of this proposal. ATTACHMENTS A. Vicinity Map B. Draft S-HM Historic Mims Houses Special Area Zone C. Draft Findings D. Written Public Testimony FOR MORE INFORMATION More information regarding the Mims Houses Zone Change can be found here: https://pdd.eugene- or.gov/LandUse/SearchApplicationDocuments?file=Z-23-0001, or by contacting staff directly: Staff Contact: Joshua Hoff, Associate Planner Telephone: 541-682-5437 Staff E-Mail: JHoff@eugene-or.gov To submit written public comment, please email: jhoff@eugene-or.gov; or via regular mail: c/o Joshua Hoff, Associate Planner, 99 W. 10th Avenue, Eugene, OR 97401. Page 4 of 24  Mims Houses Zone Change City File: Z 23-1 Attachment A E 3RD AVE The Mims House I HIGH ALY HIGH ST MILL ALY E 3RD ALY The Mims House II Proposed Special Historic Zone Caution: This map is based on imprecise source data, subject to Taxlots change, and for general reference only. Eugene UGB Created on 5/8/2023 by City of Eugene Planning Division ^ Page 5 of 24 0 15 30 60 Ft N  Attachment B S-HM HISTORIC MIMS HOUSES SPECIAL AREA ZONE Purpose of S-HM Historic Mims Houses Special Area Zone The purpose of the S-HM Historic Mims Houses Special Area Zone is to implement the comprehensive plan by providing greater flexibility in allowed uses and standards that are compatible with the historic character of the site. The S-HM zone will enhance the economic viability of the site and encourage renovations that reflect the site’s historic role in the community. S-HM Historic Mims Houses Special Area Zone Land Use and Permit Requirements The following Table 1 - S-HM Mims Houses Historic Zone Land Use and Permit Requirements identifies those uses that are: (P) Permitted (C) Subject to an approved conditional use permit or an approved final planned unit development. (S) Permitted, subject to the Special Development Standards for Certain Uses beginning at EC 9.5000. (#) Permitted, subject to S-H Mims Houses Historic Zone Special Use Limitations. Table 1 - S - H M Historic Mims Houses Special Area Land Uses and Permit Requirements S-HM Accessory Uses Accessory Uses. A use incidental to at least one primary use on the development P site. Examples include parking, storage shed, cultural and historic events, and services provided by a primary use on the development site. Agricultural, Resource Production and Extraction Community and Allotment Garden P Urban Animal Keeping (EC 9.5250 shall apply) S Education, Cultural, Religious, Social and Fraternal Church, Synagogue, and Temple C Club and Lodge of State or National Organization, such as the NAACP P Community and Neighborhood Center P Schools, Elementary through High School C University or College C Attachment C - Page 1 of 4 Page 6 of 24 Entertainment and Recreation Park and Non-Publicly Owned Open Space Use – examples include Gazebo, P Arbor, Benches, Interpretive Signage, Water Fountain, and other Water Features Government Government Services, not specifically listed in this or any other uses and P permit requirements table. Lodging Bed and Breakfast Facility S (EC 9.5100(3) shall apply) Manufacturing Recycling, small collection facility (EC 9.5650 shall apply) S Motor Vehicle Related Uses Transit, Neighborhood Improvement P Residential Dwellings Dwellings. All dwellings are subject to the S-H Mims Houses Historic Zone Residential Density standards. Single-Unit Dwelling P Accessory Dwelling (EC 9.2751(17) shall apply) P Duplex P Triplex (EC 9.5550 shall apply) S Fourplex (EC 9.5550 shall apply) S Townhouse (EC 9.5550 shall apply) S Cottage Cluster (EC 9.5550 shall apply) S Multiple-Unit Dwellings (EC 9.5500 shall apply) S Assisted Care & Day Care (Residences Providing Special Services, Treatment, or Supervision) Assisted Care (5 or fewer people living in facility and 3 or fewer outside P employees on site at any one time.) Day Care (4 to 16 people served) (EC 9.5200 shall apply) S Rooms for Rent Situations Boarding and Rooming House P Attachment C - Page 2 of 4 Page 7 of 24  Other Commercial Services C-1 Neighborhood Commercial Zone Permitted Uses – Uses listed as P P(1) (Permitted) or SR (subject to site review) in C-1 and which are not listed elsewhere in this Table 1. Examples include General Office, Specialty Store, and Artist Gallery. Home Occupation (EC 9.5350 shall apply) S Temporary Activity (EC 9.5800 shall apply) S Special Use Limitations for Table 1 (1) C-1 Neighborhood Commercial uses are permitted, subject to a maximum of 3,500 square feet on the development site. S-HM Historic Mims Houses Special Area Zone Development Standards The S-HM Historic Mims Houses Special Area zone development standards include the General Standards for All Development beginning at EC 9.6000 and the development and lot standards for the R-2 Medium Density Residential zone unless specifically modified as set forth below. In cases of conflicts between the general standards, the R-2 zone standards, and this historic zone, the historic zone standards shall apply. Residential Density Historically, there were two dwelling units on the site. Consistent with the purpose of the S-HM M Historic Mims Houses Special Area zone, the site does not have a minimum residential density requirement. A total of 5 dwellings are permitted within this S-HM zone. For calculating residential density, each guest room in a Bed and Breakfast Facility and a Rooming and Boarding House is equivalent to one dwelling. Minimum Building Setbacks The minimum front yard setback is 10 feet except for the existing building footprint of Mims House II. The minimum interior yard setback along the north property line is 5 feet except for the existing building footprint of Mims House I. The minimum setback along the south and west property lines adjacent to the alleys is 5 feet. If the existing lot is divided, the minimum setback is 5 feet along any new interior property lines. Motor Vehicle Parking Standards Uses on the site are not subject to the requirements of EC 9.6410(3) Minimum Number of Required Off-Street Parking Spaces or EC 9.6420 Parking Area Standards. Parking areas in existence as of the date of this ordinance are lawful conforming parking areas. Attachment C - Page 3 of 4 Page 8 of 24 Landscape Standards Landscape standards in EC 9.6207 – 9.6255 establish minimum landscape requirements that apply to any development in the S-HM Historic Mims Houses Special Area zone, except: 1) Building alterations, 2) Site improvements not listed in Table 9.6205, 3) Change of use, and 4) new off-street parking areas with 4 or less parking spaces using alley access. New landscaping is not required for the continuation of existing parking spaces on the development site. Lot Standards The minimum lot area is 2,250 square feet or, if applicable, as specified in EC 9.2761(3). Lot width and frontage standards in EC 9.2760 and EC 9.2761 applicable to the R-2 zone shall apply. Siting Requirements The S-HM Historic Mims Houses Special Area zone shall be applied to the specific site as described below: Lot 4, Block 8 of the original plat of Eugene City, as platted and recorded in Volume A, Page 2 of Lane County, Oregon. Attachment C- Page 4 of 4 Page 9 of 24  Attachment C Findings File Name (Number): Mims Houses (Z 23-1) Subject Site: 330, 336, and 334 High Street, Eugene, OR 97401 Map No. / Tax Lot: 17-03-30-44 / 07000 Size: Approximately .29 acres or 12,800 square feet Existing Zoning: Medium-Density Residential Zone (R-2) & Residential Density Range Overlay Zone (/20) Requested Zoning: S-HM Historic Mims Houses Special Area Zone Application Summary The applicant requests the establishment of a S-HM Historic Mims Houses Special Area Zone for the Mims Houses property (located at 330, 334, and 336 High Street). Application Details and Procedure The applicant is requesting approval for a Zone Change to zone the entirety of the approximately 0.29-acre site to S-HM Historic Mims Houses Special Area Zone. The subject property contains two buildings (identified as Mims House I and Mims House II) on the National Register of Historic Places and designated as a City of Eugene Historic Landmark. The subject parcel is surrounded by a mixture of R-1 and R-2 zoned properties. Timing, Notice, and Testimony Application Submitted February 14, 2023 Deemed Complete June 8, 2023 Application DLCD Notice June 6, 2023 Timeline Public Notice (per EC 9.7315) June 9, 2023 Planning Commission Public Hearing July 11, 2023 Testimony One piece of testimony was received in reference to this proposal. In summary, the written testimony is supportive of the proposal. Testimony is available in the application file for reference. 1 Attachment B - Findings Mims Houses | Z 23-1 Page 10 of 24 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. Zone Change Evaluation In accordance with EC 9.7535 and EC 9.7550, the Eugene Planning Commission and City Council are required to provide a recommendation or decision of approval, approval with conditions, or denial of a Type V application. The recommendation and decision must be based on findings that explain the criteria and standards considered relevant to the proposal. It must also state the facts relied upon in rendering the decision and explain the justification for the recommendation or decision based upon the criteria, standards, and facts set forth. The Planning Commission and City Council will review the application and consider relevant evidence and testimony as to whether the proposed Zone Change is consistent with EC 9.3020 and EC 9.8865 required for approval, shown below in bold typeface. To assist the Planning Commission or City Council in making a recommendation or decision on the Zone Change request, staff’s findings in response to each of the criteria are provided below. EC 9.3020 Criteria for Establishment of an S Special Area Zone. Before adopting an ordinance establishing a S Special Area Zone, the city council shall find that the proposal is in compliance with following criteria: (1) The area to which the S Special Area Zone is being applied meets at least one of the following criteria: (a) Is identified in the Metro Plan or a refinement plan as appropriate for nodal development or for a special range of uses or development that can best be achieved with the use of a special area zone; or (b) Possesses distinctive buildings or natural features that require special consideration to ensure appropriate development, preservation, or rehabilitation. In order to be considered distinctive, it must be demonstrated that: 1. The area is characterized by buildings that merit preservation in order to protect their special features; or 2. The area contains natural features that have been identified by the city as worthy of special treatment or preservation. The Mims Houses is listed on the National Register of Historic Places and designated by the City of Eugene as a City Landmark. The findings of the National Historic Register, City Landmark designation, and the applicant's written statement, which are included herein by reference, 2 Attachment B - Findings Mims Houses | Z 23-1 Page 11 of 24 demonstrate this site’s significant historic value and merits preservation due to its distinctive architecture and association with Eugene's past. (2) An analysis of the area demonstrates how the uses and development standards of the S Special Area zone ordinance will facilitate implementation of the planned use of the property or the preservation or rehabilitation of distinctive buildings or natural features of benefit to the community. The proposed uses and development standards for the S-HM Historic Mims Houses Special Historic Area Zone are set forth in proposed draft ordinance provisions, to which these supporting findings are attached. The purpose of the Historic Special Area zone is to encourage preservation of the site’s historic qualities and support the site’s use as the regional headquarters of the NAACP (Mims House I), duplex residence (Mims House II), and the site of historic and cultural events. The proposed uses of the S-HM Historic Mims Houses Special Area Zone are a combination of residential and non-residential uses stemming from a tabulation of uses listed within the R-2 Medium-Density Residential zone and C-1 Neighborhood Commercial zone. In summary, the proposed S-HM zone differs from the R-2 zone use table at EC 9.2740 as the S-HM Zone does not allow Manufactured Home Parks, Controlled Income and Rent Housing, Assisted Care (6 or more living in the facility), and Day Care (17 or more people). The use listed as Boarding and Rooming House is added to the list of allowed S-HM uses. Proposed site changes due to existing or future uses will continue to be subject to the City’s Historic Property Applications, including: Historic Property – Alteration Approval Criteria review starting at EC 9.8175; Historic Landmark – Removal of Designation Approval Criteria starting at EC 9.8170; Historic Property – Demolition Approval Criteria starting at EC 9.8180; and Historic Property – Moving Approval Criteria starting at EC 9.8185. Subject to historic review, the residential uses in the proposed zone, as stated by the applicant, facilitate the preservation of the existing buildings and accommodate for the intended uses of the site. New, non-residential land uses are permitted within the S-HM Zone. Additionally, non- residential uses with amended review procedures are permitted in the S-HM Zone. New and amended non-residential uses include: Club and Lodge of State or National Organization; Park; Community and Neighborhood Center; Bed and Breakfast Facility; and Neighborhood Commercial Uses (only those already Permitted or subject to Site Review in C-1). Eliminated non-residential uses include Athletic Facility and Sports Club, Athletic Field outdoor, Correctional Facility, Residential Treatment Center, Amateur Radio Antenna Structure, Electrical Substation, Fiber Optic Station, Telecommunications Tower, Water Reservoir, and Minor Transit Station. The applicant states the zone change amendments of residential and non-residential uses within the S-HM Historic Mims Houses Special Area zone will “allow long-term flexibility in the use of the property to support preservation and renovation of the historic buildings.” Further, the applicant states “Due to the size of the site and the scale of the existing historic buildings requiring a CUP for the above uses would cause an excessive financial burden on the property 3 Attachment B - Findings Mims Houses | Z 23-1 Page 12 of 24 owner and decrease flexibility. In addition, the proposed S-H zone limits C-1 uses to a total of 3,500 square feet on the site to ensure the scale fosters historic preservation goals.” The introduced, amended, or deleted residential and non-residential uses as proposed in the S-HM Zone facilitate the existing and intended (both immediate and future) uses of the site. The applicant's written statement with additional findings (pages 9-11) regarding this criterion are incorporated herein by reference. The S-HM Historic Mims Houses Special Area Zone contains amended development and lot standards that facilitate preservation of elements within the subject property. Historic property review approval criteria starting at EC 9.8150 remain applicable for review of proposed changes. The proposed S-HM Zone includes the following development standards to facilitate preservation: residential density, minimum building setbacks, motor vehicle parking (both the number of off-street motor vehicle parking spaces and motor vehicle parking space dimensions), and landscape standards in addition to lot standards. The subject property is currently zoned R-2/20 Medium-Density Residential zone with a Residential Density Range Overlay zone that limits the property to no more than 20 units per net acre. Given the size of the property and the residential density limitation, it could currently be developed with 5 dwelling units. The applicant proposes the same maximum net density (i.e. 5 dwellings on the subject property) within this proposed S-HM Zone as the maximum unit net density threshold in the existing R-2/20 zone. EC 9.2751(1)(f) states the number of dwelling units are not to be reduced below the number present at the time of historic landmark designation. The site earned City of Eugene City Landmark status on April 11, 1979, by Ordinance Number 18371. At that time, the site contained two dwellings. The R-2 Medium-Density Residential zone minimum density is 13 units per net acre. The applicant states the S-HM site “does not require the retention of residential use on the site to help ensure long-term preservation of the historic buildings.” Further, the draft S-HM Zone provisions state that “the site does not have a minimum residential density requirement.” At the time the subject site was designated as a City Landmark, two dwellings existed on the property (i.e., below the minimum net density threshold for the R-2 zone). However, in accordance with EC 9.2751(1)(a)2., the minimum density requirements of Table EC 9.2750 do not apply to this property because it zoned R-2 and is less than one-half acre in size. Therefore, consistent with the lack of minimum density requirements for the subject property, the proposed code eliminates any minimum density requirements. Finally, the proposed S-HM Zone, as implemented by this zone change review, supersedes the R-2 development standards. Given the above findings, the proposal complies with this criterion. (3) Except for areas zoned S-H Historic Special Area zone, the area to be classified S Special Area includes at least ½ acre in area. This request proposes the establishment of an S-H Historic Special Area zone. This criterion is not applicable. 4 Attachment B - Findings Mims Houses | Z 23-1 Page 13 of 24  (4) The application of the zone to the properties proposed for inclusion in the S Special Area zone and the required provisions of a special area zone ordinance are consistent with the criteria required for approval of a zone change, according to EC 9.8865 Zone Change Approval Criteria. Except for ordinances establishing individual site-specific historic zones, copies of which are maintained at the City's planning and development department, all existing Special Area Zones are set forth in the City’s land use code. EC 9.8865 requires that the zone change request meets the following approval criteria (listed in bold). Findings are provided below with respect to each of the applicable criteria. EC 9.8865 Zone Change (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 subject property’s zoning from R-2 /20 to S- HM. The Metro Plan diagram designates the subject property as Medium Density Residential. However, the Metro Plan recognizes that approximately 32 percent of residentially designated areas typically accommodate non-residential uses such as parks, schools, churches and neighborhood commercial uses (page III-A-4). The proposed Special Area Zone includes a list of limited residential and non-residential uses consistent with the Metro Plan’s consideration of other auxiliary uses within residential designations. Staff does not see any specific policies from the Metro Plan that would serve as mandatory approval criteria for the applicant’s request. However, relevant policies are discussed below. Residential Land Use and Housing Element Policy A.22: Expand opportunities for a mix of uses in newly developing areas and existing neighborhoods through local zoning and development regulations (Page III-A-9) The proposed Special Area Zone expands opportunities on this property by allowing for residential or commercial uses, consistent with this policy. Policy A.25: Conserve the metropolitan area's supply of existing affordable housing and increase the stability and quality of older residential neighborhoods through measures such as revitalization; code enforcement; appropriate zoning; rehabilitation programs; relocation of existing structures; traffic calming; parking requirements; or public safety considerations. These actions should support the planned densities in the area. (Page III-A-11) The proposed zoning helps preserve existing onsite dwellings by assuring uses and development standards that are appropriate for this historic site. 5 Attachment B - Findings Mims Houses | Z 23-1 Page 14 of 24 Policy A.9: Establish density ranges in local zoning and development regulations that are consistent with the broad density calculations of this plan. Low density: Through 10 dwelling units per gross acre… Medium density: Over 10 through 20 dwelling units per gross acre… High density: Over 20 dwelling units per gross acre… This policy sets forth the “gross density”, which is the number of dwelling units per acre including areas such as streets, parks, sidewalks and public facilities. However, Eugene’s land use code also utilizes “net density”, which is the same calculation except that it only calculates land in residential use and excludes areas such as dedicated streets, parks, and other public facilities. For this reason, the gross density included in the policy above was recalculated and adopted into the land use code as net density, which was set at a higher rate to account for the lack of additional area (i.e. streets, parks, and public facilities) in the calculation. The S-HM Zone establishes a maximum net density standard consistent with the objective to facilitate preservation of onsite elements. The S-HM Zone net density threshold meets the proposed maximum density of the “Medium Density” range established by the Metro Plan but does not meet the minimum net density threshold. Instead, the minimum net density standard is zero to allow for flexibility to meet the historic zone’s preservation objectives as described in detail at EC 9.3020(2) of these findings and incorporated herein. Additionally, as discussed above, the minimum net density requirements of the Eugene Code do not apply to the subject property due to the size of the property. As described at EC 9.8865(1) above, the Metro Plan permits non-residential uses within residentially designated areas under certain circumstances. As the S-HM Zone proposed a unique combination of both residential and non-residential uses and cannot be described as entirely residential or commercial, the S-HM Zone supports Policy A.9 by establishing a maximum net density range that is below the 20 dwelling units per gross acre “Medium density” residential maximum, while accommodating for a future scenario in which non- residential uses are supported by allowing a minimum net density standard of zero units per net acre. As the proposed S-HM Zone contains density thresholds that are broadly within the “Medium density” category of density range, the proposal is consistent with this policy. Historic Preservation Element Policy 1.1: Adopt and implement historic preservation policies, regulations; and incentive programs that encourage the inventory, preservation, and restoration of structures: landmarks; sites; and areas of cultural, historic or archeological significance, consistent with overall policies. (Page 111-1-2) The Mims Houses site is historically significant as the site holds Mims House I and Mims House II, both registered on the National Register of Historic Places. The adoption of this Historic Special Area Zone implements regulations that protect the historic value of the Mims Houses site by providing site specific development standards and uses that encourage preservation and restoration. 6 Attachment B - Findings Mims Houses | Z 23-1 Page 15 of 24 Policy 1.2: Institute and support projects and programs that increase citizen and visitor awareness of the area's history and encourage citizen participation in and support of programs designed to recognize and memorialize the area's history. The S-HM Zone will help increase citizen and visitor awareness by expanding the site’s set of uses to facilitate opportunities for visitor engagement with the property. This S-HM Zone will allow visitors to be made aware of the building's role in the history of the area and memorialize the Mims Houses' tie to the area’s past. Based on the available information, the request complies with this criterion. (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 Whiteaker Plan is the applicable adopted plan for the area of the requested zone change. Consistent with the Metro Plan, the Whiteaker Plan designates the subject site as Medium- Density Residential. The applicant notes that the land use diagram, and policies from the Whiteaker Plan are generally supportive of their application. However, there do not appear to be any polices from Whiteaker Plan that serve as mandatory approval criteria for the requested zone change. Based on the available evidence, and findings above, the applicant’s request is consistent with the applicable refinement plans and this criterion is met. (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, solid waste management, water and electric service, fire and emergency medical services, police protection, City-wide parks and recreation programs, land use controls, communication facilities, and public schools on a district-wide basis (see Metro Plan page V-3). Wastewater: The existing structures are currently connected to the public main line available in High Alley. Stormwater: Stormwater catch basins are in the High Alley right-of way, southwest of the subject property. A public storm sewer line exists in the right-of-way of East 4th Avenue to the south of the property and another line is within High Street with curb and gutter for conveyance to the public system. In the event of future development, applicants may be required to address all applicable 7 Attachment B - Findings Mims Houses | Z 23-1 Page 16 of 24 stormwater management standards including flood control, water quality, oil control, easements, and operation and maintenance. Transportation/Streets: Both High Street and East 4th Avenue are fully developed with adequate paving and right-of way, as well as bike paths, setback sidewalk, street trees and ADA ramp on the corner. This proposal can be served by the existing street configuration and access points. 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 properties have existing services or access to services for water and electrical services, operated by Eugene Water and Electric Board (EWEB). Any future development will require coordination with EWEB to ensure that water and electric services comply with City standards and EWEB requirements. Public Safety: Police protection is provided by Eugene Police Department within the City limits. Fire protection is provided by Eugene/Springfield Fire Department. Emergency services are currently provided on a regional basis by the cities of Eugene and Springfield. Parks and Recreation: Specific to the subject property, the following parks and recreation amenities are in the general vicinity of the subject property: Skinner Butte Park, Campbell Community Center, Ruth-Bascom Riverbank path. Further, Eugene Parks and Recreation programs are provided on a City-wide basis. 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, provides the land use controls for future development of the subject property. Communication: A variety of telecommunications providers offer communications services throughout the Eugene/Springfield area. These services are accessible for future development. Public Schools: The subject property is within Eugene School District 4J and is within the district boundary of Edison Elementary School, Roosevelt Middle School, and South Eugene High School. Based on these findings, this criterion is met. 8 Attachment B - Findings Mims Houses | Z 23-1 Page 17 of 24  (4): The proposed zone change is consistent with the applicable siting requirements set out for the specific zone in: (v) An uncodified ordinance establishing a site specific S-H Historic Special Area Zone, a copy of which is maintained at the city’s planning and development department. The proposed zone change establishes a site specific S-H Historic Special Area Zone. Criteria to establish this zone begin at EC 9.3020 and are addressed above. The uncodified ordinance, if adopted, will be maintained at the City’s Planning and Development Department consistent with this criterion. This criterion is met. (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) Staff finds that 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. A plan or land use regulation amendment affects a transportation facility if it would: The applicant requests a zone change from R-2/20 to S-HM for 330, 334, and 336 High Street, also identified as Tax Lot 7300 of Assessor’s Map 17-03-30-44. The properties included in this proposal are bounded by High Street, High Alley, and East 3rd Alley. The subject property is approximately .29 acres. The applicant’s consultant prepared a scoped transportation analysis that references projected trip generation from a reasonable worst-case development scenario. The consultant compared assumed uses, densities, and buildout outcomes consistent with the existing zone and the proposed uses of the S-HM Zone. The applicant has provided an analysis consistent within the parameters of the agreed scope of work and using industry best practices. 9 Attachment B - Findings Mims Houses | Z 23-1 Page 18 of 24 Public Works staff concurs with the consultant’s methodology, traffic study, and findings to determine that this proposal has no significant effect on existing or planned transportation facilities. A detailed discussion of the study and conformance with the TPR is addressed below. (a) Change the functional classification of an existing or planned transportation facility (exclusive of correction of map errors in an adopted plan); The applicant has provided a transportation technical memo consistent with the requirements for TPR Analysis as coordinated between the City of Eugene and the applicant. The analysis is written to uphold industry best standards. The applicant’s traffic study identified an increase in the average daily traffic. The increase in average daily trips is not expected to require a change in the functional classification of any street within the study area. The applicant has not proposed any changes to the functional classification of any roadway within the study area. (b) Change standards implementing a functional classification system; or The zone change does not propose to change the standards implementing the current functional classification system adopted in the City of Eugene 2035 TSP. The current TSP (City of Eugene 2035 Transportation System Plan) and street classification map were developed and adopted assuming City wide transportation impacts based upon the policy, designations, planning horizons and growth assumptions identified in the Metro Plan at the time of its adoption. The proposed zone change does not change the standards implementing the current functional classification system adopted in the City of Eugene 2035 TSP. (c) Result in any of the effects listed in paragraphs (A) through (C) of this subsection based on projected conditions measured at the end of the planning period identified in the adopted TSP. As part of evaluating projected conditions, the amount of traffic projected to be generated within the area of the amendment may be reduced if the amendment includes an enforceable, ongoing requirement that would demonstrably limit traffic generation, including, but not limited to, transportation demand management. This reduction may diminish or completely eliminate the significant effect of the amendment. (A) Types or levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility; (B) Degrade the performance of an existing or planned transportation facility such that it would not meet the performance standards identified in the TSP or comprehensive plan; or 10 Attachment B - Findings Mims Houses | Z 23-1 Page 19 of 24  (C) Degrade the performance of an existing or planned transportation facility that is otherwise projected to not meet the performance standards identified in the TSP or comprehensive plan. The applicant’s engineer has provided an analysis based upon the projected impacts of the proposed zone change. The study provides trip generation estimates for reasonable worst-case scenarios of the proposed zone as compared to trip generation estimate of the existing zone. A “significant effect” on existing or planned transportation facilities is defined by the criteria identified in subsections (A) through (C). The proposed zone change results in none of the effects identified in subsections (A) through (C). The proposal does not include, and the proposal does not require, an enforceable, ongoing requirement that would demonstrably limit traffic generation. Therefore, staff agrees with the applicant’s findings that this proposal has no significant effect on existing or planned transportation facilities as defined within OAR 660-012-0060(1). Therefore, the proposed zone change satisfies the Transportation Planning Rule. 11 Attachment B - Findings Mims Houses | Z 23-1 Page 20 of 24  Attachment D From: Al Johnson To: Eugene Planning Commission Re: Z 23-001 Mims Houses Zone Change Date : June 23, 2023 Via e-mail to Josh Hoff, staff planner, at jhoff@eugene-or.gov cc: Teresa Bishow, Willie and Sally Mims, Trustees, Alec Dakers, Miles Pendleton, Trace Thaxton, and others. Please accept this testimony in support of the proposed establishment of a special historic area zone for the Mims Houses on High Street. Situated near the corner of Third and High Streets, the Mims Houses are the visual facades of the East Skinner Butte Historic Area for many, if not most, people coming into the District from downtown, the Fifth Street area (itself a special historic area district), and the fast-developing Riverfront master plan area. As you know, of course, they are more than facades. They are not just the oldest houses in the history of Eugene, going back to just after the Civil War. They are also the oldest houses owned by Blacks in the history of Eugene, going back to just after the Korean War. That is without question the most important part of their history, and that is a part of their history in which they were never just residential uses. That was a time when they were a community resource and refuge for excluded and underserved members of and visitors to the City of Eugene. I hope you agree that historic preservation is never just about the past or just about facades. It is also about the future and what is worth sustaining into that future. My comments are directed primarily at Criterion EC 9.030(2), which requires showing “how the uses and development standards of the S Special Area zone ordinance will facilitate implementation of the planned use of the property or the preservation or rehabilitation of distinctive buildings or natural features of benefit to the community,” and at Criteria EC 9.8865(1) and (2), concerning plan consistency. Sustainable historic preservation: As explained in the application narrative, the proposed zone supports long-term preservation of the Mims Houses and site. It does by expressly allowing long-term flexibility in the use of the property to support preservation and renovation of the historic buildings. And, importantly, it does so by means of zoning rather than permitting. Before my retirement, I represented the then-owners of the Campbell House, just a few blocks up Skinner Butte from the Mims Houses, in establishing a special area historic district. The purpose and effect of that zone change was to free the Campbell House from the uncertainties associated with its conditional use permit. Those uncertainties include the unpopularity of CUPs with banks, appraisers, and others who rightly worry about the vulnerability of such permits to revocation or loss through interruption of use, unequal enforcement, and the like. Planned use of the property: As explained in the application, the property’s existing historic designations exclude it from the city’s buildable lands inventory, so historic preservation, not residential use, is its principle “planned use.” The Metro Plan recognizes that its text, including its Historic Preservation Element, overrides the very general designations on the Metro Plan Diagram, and that element calls for the “preservation and restoration of structures; landmarks; sites; and areas of cultural, historic, or archeological significance, consistent with overall policies.” That’s what the proposed special area zone will do. The Whiteaker Neighborhood Refinement Plan commits the city to “Protect and enhance positive features of the neighborhood that help create a strong sense of neighborhood identity.” That’s what the proposed special area zone will do, by establishing a stable regulatory foundation for the long-term viability of the Mims Houses and site as a visual and cultural focal point for the neighborhood and the community. Thank you for your consideration of this worthy proposal. It has been an honor to be a part of the team of professionals who have volunteered their time and expertise to develop and submit this application. Page 21 of 24 From: Al Johnson To: HOFF Joshua B Cc: Teresa Bishow (teresa@bishowconsulting.com); Miles Pendleton; Trace Thaxton; Willie & Sally Mims (wcmims35@msn.com); Alec Dakers; sidney@upperwillamette.org; Chris Orsinger Subject: Mims Houses Zone Change Z 23-001 PC Hearing Testimony Date: Friday, June 23, 2023 12:49:20 PM Attachments: Al Johnson Mims Houses Letter 6-23-2023.pdf You don't often get email from alj250@gmail.com. Learn why this is important [EXTERNAL ] Greetings, Mr. Hoff: My testimony in support of the above application is attached. Please place it in the record for the upcoming Planning Commission public hearing, currently scheduled for July 11.   Also, please place me on the mailing list for notices of all hearings, recommendations, staff reports, and decisions on this matter. My e-mail address is alj250@gmail.com. My mailing address is 2162 Lathen Way, Eugene, Or 97408. Thank you. Al Johnson Page 22 of 24 From: John VanLandingham To: HOFF Joshua B Cc: WILLIE MIMS; Teresa Bishow (teresa@bishowconsulting.com); Al Johnson (alj250@gmail.com) Subject: Z 23-001 Mims Houses Zone Change Date: Thursday, June 29, 2023 5:58:51 PM You don't often get email from johnvl@oregonlawcenter.org. Learn why this is important [EXTERNAL ] Eugene Planning Commission: I write in support of the proposed zone change request for the Mims Houses on High Street. I have lived and been involved in the Whiteaker neighborhood since 1980. As a lawyer with Lane County Legal Aid, during the late 1970s and early 1980s I represented the Whiteaker Community Council on several matters, including questions regarding the neighborhood refinement plan and incorporating the WCC as a nonprofit. I have been in the main Mims House a number of times, and – especially as a long-time board member of the Fair Housing Council of Oregon, Fair Housing Council Of Oregon - Home - Fair Housing Council of Oregon (fhco.org) – I appreciate the significant role the house has played in the history of Black Eugeneans and visitors. Also as a legal aid lawyer I represented Willie Mims in the 1980s in preserving the house from foreclosure by a federal agency which had made a rehab loan for the house. I believe that this zone change will help preserve the Mims Houses as important historic and cultural resources for Eugene and visitors. As a member of the Eugene Planning Commission myself from 1987 to 1999 and then as a member of the Land Conservation and Development Commission from 2000 to 2011, I understand and Page 23 of 24 appreciate the great service you all provide for our community. Thanks for doing it. John VL John VanLandingham Attorney at Law Lane County Legal Aid/Oregon Law Center 101 East Broadway, #200 Eugene, OR 97401 541-485-1017 (x338) (w); 458-234-4273 (direct); 541-285-8445 (cell) johnvl@oregonlawcenter.org Page 24 of 24