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, June 11, 2024 – Public Hearing and Regular Meeting (5:30 pm) Commissioners: Ken Beeson; Diane Behling; Tiffany Edwards (Chair); Lisa Fragala; Dan Isaacson; Jason Lear (Vice Chair), 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/Possible Action: Downtown Riverfront Sign Code Amendment (City File: CA 24-1) Planning Commission will hold a public hearing and possibly make a recommendation on a proposal to amend Eugene’s Land Use Code (Chapter 9) to allow for an increased number of projecting signs for certain properties in the S-DR Downtown Riverfront Special Area Zone by amending the Central Commercial Sign Standards. Staff: Dylan Huber-Heidorn, 541-682-5475, dhuber-heidorn@eugene-or.gov Page 1 of 30  II. Action: Request For Home Burial Siting Staff: Shawn Burgett, 541-682-5485, SBurgett@eugene-or.gov III. Items From Commission and Staff 1. Other Items from Staff 2. Other Items from Commission Public Hearing Format: The order of procedure will be as follows, unless modified by the Planning Commission Chair as may be necessary or appropriate: 1. The Planning Commission Chair will summarize procedures and commence the hearing. 2. City staff will provide a brief introduction and summary of the application. 3. Testimony will first be allowed from the applicant and those in support of the application. 4. Testimony will then be allowed from parties who are neither proponents nor opponents. 5. Testimony will then be allowed from the opponents. 6. Staff may provide a response to testimony, as needed. 7. Planning Commissioners may then ask questions of staff (note that commissioners may also raise questions that might arise during any individual testimony). 8. Rebuttal will then be allowed from the proponent/applicant. 9. Finally, the Planning Commission Chair will announce whether the hearing and record is closed, held open, or if 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 30  AGENDA ITEM SUMMARY June 11, 2024 To: Eugene Planning Commission From: Dylan Huber-Heidorn, Community Development Division Subject: Public Hearing and Possible Action: Downtown Riverfront Sign Code Amendment (City File: CA 24-1) ACTION REQUESTED Hold a public hearing and possibly make a recommendation on the applicant’s proposed land use code amendment to increase the allowable number of projecting signs for certain properties in the S-DR Downtown Riverfront Special Area Zone by amending the Central Commercial Sign Standards. BRIEFING STATEMENT The goal of this proposed land use code amendment is to increase the number of projecting signs which may be placed on buildings in the S-DR Downtown Riverfront Special Area Zone under certain circumstances. The Community Development Division of the City of Eugene’s Planning and Development Department is the applicant for this amendment. Properties in the S-DR Downtown Riverfront Special Area Zone are subject to the Central Commercial Sign Standards, located in Eugene Code (EC) 9.6670, which also apply to much of the City’s downtown area and limit the maximum number of projecting signs allowed on buildings. This proposed land use code amendment would create a separate method to calculate the maximum allowed number of projecting signs for properties that are more than 0.5 acres and located in the S-DR zone. The number of projecting signs allowed on a building is currently limited by the number of business occupants in the building; each occupant is allowed a single projecting sign. The proposed amendment would allow each business occupant a projecting sign on each building façade that fronts 4th Avenue, High Street, Mill Street, Nak-nak Avenue, Wiley Griffon Way, or any other street identified as a Primary or Great Street in Figure 9.3160(4)(a). A draft of the proposed code language is provided in Attachment A. BACKGROUND The Central Commercial Sign Standards (EC 9.6670) apply to the Downtown Riverfront as well as most other areas zoned C-3 Major Commercial, including most of downtown. The Central Commercial Sign Standards limit the number of projecting signs on a building to one per business occupant. In much of downtown, individual businesses occupy relatively small building footprints, often with several businesses on each block. This contributes to the recognizable character of downtown, with a diversity of signage attracting passersby to diverse businesses and adding visual variety that reflects the density of the built environment. This character is Page 3 of 30 distinct from other business districts where larger business footprints are common, and it is suited to the pedestrian-oriented nature of this part of the city. The Downtown Riverfront is envisioned as a pedestrian-friendly district, with attention to detail paid to the pedestrian environment that will be enjoyed by residents and visitors. However, the scale of development occurring is notably different from areas of the traditional Eugene downtown core. Large buildings are being constructed to accommodate high residential unit density. The result is that multiple blocks in the district will be fronted by apartment buildings that stretch from intersection to intersection with only a single business occupant—the apartment business entity. Current code limitations on the number of projecting signs mean that these blocks might only have a single projecting sign on a building that spans an entire block with frontages on two or three different streets. While other types of signs do not have the same limitations, projecting signs contribute to placemaking that is indicative of dense downtown environments and is desirable to the developer. The proposed amendment would allow for additional projecting signs by modifying the “one per business occupant” limitation and replacing it in some scenarios with a limitation based on a building’s number of frontages on particular streets or street types. The amendment is only applicable in S-DR, resulting in no change in the other areas of downtown that are governed by the Central Commercial Sign Standards. The proposed code language in Attachment A references street frontages on Primary/Great Streets (a designation originating in Figure 9.3160(4) in the S-DR code which includes 5th Avenue, a portion of Ferry Street, and a portion of Annie Mims Lane), 4th Avenue, High Street, Mill Street, Wiley Griffon Way, and Nak-nak Avenue. This combination of streets allows for—in staff’s judgement—a reasonable number of projecting signs on buildings in the Riverfront. Larger buildings would be allowed either two or three projecting signs depending on their street frontages, regardless of the number of business occupants. Smaller buildings planned for the district (those on properties 0.5 acres and smaller) are distinct from the large buildings driving this proposal and are not affected by this proposed amendment. While many early development projects in the Downtown Riverfront will have only residential uses, it is predictable that the owners will examine the financial feasibility of converting ground floor units to commercial uses once the district has a higher number of residents and amenities to attract visitors. This becomes more likely after the 10-year Multi-Unit Property Tax Exemption (MUPTE) periods expire for these buildings. The proposed code accounts for this scenario. The proposed amendment does not change calculations for signage other than the number of allowed projecting signs, so the regulations regarding total signage area, permissible placement for projecting signs, and the number of allowed signs of other types will remain the same. The City’s Community Development Division of the Planning and Development Department applied for this code amendment on April 18, 2024. Page 4 of 30 PROCEDURES/APPLICABLE APPROVAL CRITERIA This proposed land use code amendment is subject to Type IV (quasi-judicial) application procedures (EC 9.7400 through EC 9.7455) for the upcoming public hearing, as well as the applicable approval criteria from EC 9.8065 for a land use code amendment. The Type IV process includes public notice and a hearing before the Planning Commission, which then forwards a recommendation to the City Council for a final public hearing and action. Following the public hearing, the Planning Commission will deliberate and make a recommendation to the City Council to either approve, approve with modifications, or deny the proposal, based on the applicable approval criteria. This may occur immediately following the public hearing (time permitting) or at a later Planning Commission meeting. As noted above, the Planning Commission must address the relevant approval criteria from EC 9.8065 in making a recommendation to the City Council on the proposed ordinance. Draft findings addressing these approval criteria are provided for the Planning Commission’s consideration as Attachment C. As drafted, the findings conclude that this request is consistent with Statewide Planning Goals, applicable provisions of the comprehensive plan, and applicable adopted refinement plans. PUBLIC HEARING NOTICE Notice of the Planning Commission public hearing was mailed to the property owner, owners and occupants within 300 feet of the site, all neighborhood organizations in Eugene, the Oregon Department of Land Conservation and Development, Lane County, City of Springfield, and community groups and individuals who have requested notice. In addition, signs announcing the hearing were posted on and around affected properties. All notices were provided consistent with the Type IV (quasi-judicial) procedures from the Eugene Code. No testimony has been received as of the time of this writing. Any written comments received after the preparation of this report and prior to the public hearing will be provided to the Planning Commission at the public hearing for inclusion into the record for this application and consideration during deliberations. APPLICATION MATERIALS/FILE RECORD A full copy of materials in the record for this application will be provided separately to the Planning Commission. As a courtesy, application materials may also be viewed on the City’s land use application website: https://pdd.eugene- or.gov/LandUse/SearchApplicationDocuments?file=CA-24-0001 Page 5 of 30 RECOMMENDATION/NEXT STEPS Staff recommends that the Planning Commission hold a public hearing and review the public testimony related to the proposed land use code amendment. Following the public hearing, the Planning Commission will deliberate on the proposed code amendment and provide a recommendation to the City Council. Following the Planning Commission recommendation, a public hearing before the City Council will be held, and Council will make the final decision on the application. ATTACHMENTS A. Draft Code Amendment B. Figure 9.3160 Map of S-DR with Properties Over 0.5 Acres Identified C. Draft Findings FOR MORE INFORMATION Contact Dylan Huber-Heidorn at 541-682-5475 or dhuber-heidorn@eugene-or.gov Page 6 of 30  Attachment A Proposed Code Language proposed for removal is indicated in red with strikethrough. Language proposed for addition is indicated in italicized bold. 9.6670 Central Commercial Sign Standards. The central commercial sign standards are hereby created and applied to all property within the central commercial zones as set forth below. Signs are restricted in recognition of the high density usage of these areas, where pedestrian traffic is heavy and vehicular traffic is commonly limited. (1) Corresponding Zones. The provisions of this section apply to all property not regulated by the highway commercial sign standards which is zoned C-3, to property within the S-DR Downtown Riverfront Special Area Zone, to property within the S-F 5th Street Special Zone, and to those portions of the S-RP Riverfront Park Special Zone which are not within 200 feet of the Franklin Boulevard center line. (2) Permitted Sign Types. Signs allowed under the central commercial sign standards shall be limited to the following types: (a) Awning signs; (b) Digital signs; (c) Electronic message centers; (d) Freestanding signs; (e) Marquee signs; (f) Projecting signs; (g) Readerboards; (h) Roof signs; (i) Under-marquee signs; and (j) Wall signs. (3) Maximum Number of Signs. The number of signs allowed by the central commercial sign standards are as follows; allow shall be limited to (a) noNo more than 1 electronic message center, freestanding, readerboard, or roof sign per development site street frontage and 1 projecting sign per business occupant. (b) The number of allowed awning, marquee, under-marquee and wall signs is not limited. (c) Except as provided in subparagraph (d) of this section, 1 projecting sign per business occupant. (d) Notwithstanding subparagraph (c) of this section, a business occupant is allowed one projecting sign per building facade if the following criteria are met: 1. The building is located on a lot zoned S-DR Downtown Riverfront Special Area Zone, and Page 7 of 30  2. The area of the lot is greater than 0.5 acres, and 3. The building façade fronts 4th Avenue, High Street, Mill Street, Nak-nak Avenue, Wiley Griffon Way, or a street identified as Primary/Great in Figure 9.3160(4)(a). (4) Maximum Sign Area. In addition to all other standards, the central commercial sign standards shall apply the following size limitations: (a) Freestanding, roof, and projecting signs shall be no more than 100 square feet for 1 face and 200 square feet for 2 or more faces. (b) Awning, marquee, under-marquee and wall signs shall be less than 200 square feet per face and less than 400 square feet for 2 or more faces. (c) The sum of the area of all signs, except under – marquee signs, shall be limited to 1.5 square feet times the number of floors in a building times the length of the building’s perimeter walls. The area of wall, marquee, awning and projecting signs shall be calculated on the basis of the wall upon which the signs are located. (d) In any event, each development site without a building shall be allowed a maximum sign area of 50 square feet. (5) Maximum Height. No freestanding or roof signs may be more than 20 feet in height. (6) Special Provisions. The following signs are subject to special provisions: (a) Theaters may use readerboard signs. On theaters, there shall be no limit on the size of the readerboard sign. (b) Awnings, marquees and projecting signs may project over public rights-of-way. The city shall have the right to require a revocable permit under Chapter 7 of this code, unless the projections are required by EC 9.4085(7). 1. Awnings and marquees may project a maximum of 7 feet into the public right-of- way. 2. Projecting signs may project a maximum of 4.5 feet into the public right-of-way. 3. No sign may project into a public right-of-way to a point within 2 feet of the vertical plane of any street (curb face), alley or driveway. 4. No sign may project into an alley clearance area. The "alley clearance area" is the area formed by a line drawn from the intersecting point of a sidewalk or other public way and a public alley at an angle of 30 degrees from the projection of the boundary of the alley into the intersecting public way. (See Figure 9.6670(6)(b) Projecting Sign Area.) 5. No sign may project from a building at the corner of 2 streets more than 1 foot for every 5 feet of distance from the point where the building wall on which the sign is attached would intersect the curb if that wall extended to the curb. (See Figure 9.6670(6)(b) Projecting Sign Area.) Page 8 of 30 Attachment B Page 9 of 30  Attachment C Downtown Riverfront Sign Code Amendment (City File CA 24-1) Overview Downtown Riverfront Sign Code Amendment: Properties in the S-DR Downtown Riverfront Special Area Zone are subject to the Central Commercial Sign Standards, located in EC 9.6670, which also apply to much of the City’s downtown area and limit the maximum number of projecting signs allowed on buildings. This ordinance will create a separate method to calculate the maximum allowed number of projecting signs for properties that are more than 0.5 acres and located in the S-DR zone. The number of projecting signs allowed by the Central Commercial Sign Standards is limited by the number of business occupants in the building. In much of downtown, individual businesses occupy relatively small building footprints, often with several businesses on each block. This contributes to the recognizable character of downtown, with a diversity of signage attracting passersby to diverse businesses and adding visual variety that reflects the density and pedestrian-oriented nature of the built environment. The scale of buildings being developed in the S-DR Downtown Riverfront Special Area Zone is notably different from other parts of downtown, and the Central Commercial Sign Standards have a different impact on the aesthetics and experience in that special area zone. Multiple blocks in the Riverfront special area zone will be fronted by apartment buildings that stretch from intersection to intersection with only a single business occupant—the apartment business entity. Current code limitations on the number of projecting signs mean that these blocks might only have a single projecting sign on a building that spans an entire block with frontages on two or three different streets. While other types of signs do not have the same limitations, projecting signs contribute to placemaking that is indicative of dense downtown environments and is desirable to the developer. The ordinance will allow each business occupant a projecting sign on each building façade that fronts 4 th Avenue, High Street, Mill Street, Nak-nak Avenue, Wiley Griffon Way, or any other street identified as a Primary or Great Street in Figure 9.3160(4)(a). Proposed Findings Eugene Code Section 9.8065 requires that the following approval criteria (in bold italics) be applied to a code amendment: (1) The amendment is consistent with applicable statewide planning goals adopted by the Land Conservation and Development Commission. Based on the findings under each of the statewide planning goals 1 through 19 below, the amendment to the land use code is consistent with the goals and this criterion is satisfied. Goal 1 - Citizen Involvement. To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. The City has acknowledged provisions for community involvement which ensure the opportunity for Page 10 of 30 community members to be involved in all phases of the planning process and set out requirements for such involvement. This code amendment does not amend the citizen involvement program. The process for adopting this amendment complied with Goal 1 because it is consistent with the City’s acknowledged citizen involvement provisions. A Notice of Proposed Amendment was filed with the Oregon Department of Land Conservation and Development on May 7, 2024, and a notice of the Planning Commission’s public hearing on the application was mailed on May 7, 2024. Notice was posted on the subject property along the frontage of the abutting improved streets and in three locations within 300 feet of the subject property on May 20, 2024. A public hearing was held before the Planning Commission on June 11, 2024, followed by deliberations. Following deliberations, the Planning Commission made a recommendation that the Eugene City Council ______ the proposed code amendments. These processes afford opportunity for citizen involvement consistent with Goal 1. Therefore, the code amendment is consistent with Statewide Planning Goal 1. Goal 2 - Land Use Planning. To establish a land use planning process and policy framework as a basis for all decisions and actions related to use of land and to assure an adequate factual basis for such decisions and actions. Eugene’s land use code specifies the procedure and criteria that were used in considering this amendment. The record shows that there is an adequate factual basis for the amendment. The Goal 2 coordination requirement is met when the City engages in an exchange, or invites such an exchange, between the City and any affected governmental unit and when the City uses the information obtained in the exchange to balance the needs of the community. To comply with the Goal 2 coordination requirement, the City engaged in an exchange about the subject of this amendment with affected governmental units. Specifically, the City provided notice of the proposed action and opportunity to comment to the Oregon Department of Land Conservation and Development as well as to Lane County and the City of Springfield. There are no exceptions to Statewide Planning Goal 2 required for this amendment. Therefore, the amendment is consistent with Statewide Planning Goal 2. Goal 3 - Agricultural Lands. To preserve agricultural lands. The amendment will only affect property located within the City of Eugene and does not affect any land zoned or designated for agricultural use. Therefore, the amendment is consistent with Statewide Planning Goal 3. Goal 4 - Forest Lands. To conserve forest lands. The amendment will only affect property located within the City of Eugene and does not affect any land zoned or designated for forest use. Therefore, the amendment is consistent with Statewide Planning Goal 4. Page 11 of 30 Goal 5 - Open Spaces, Scenic and Historic Areas, and Natural Resources. To conserve open space and protect natural and scenic resources. OAR 660-023-0250(3) provides: Local governments are not required to apply Goal 5 in consideration of a PAPA unless the PAPA affects a Goal 5 resource. For purposes of this section, a PAPA would affect a Goal 5 resource only if: (a) The PAPA creates or amends a resource list or a portion of an acknowledged plan or land use regulation adopted in order to protect a significant Goal 5 resource or to address specific requirements of Goal 5; (b) The PAPA allows new uses that could be conflicting uses with a particular significant Goal 5 resource site on an acknowledged resource list; or (c) The PAPA amends an acknowledged UGB and factual information is submitted demonstrating that a resource site, or the impact areas of such a site, is included in the amended UGB area. This amendment does not create or amend the City’s list of Goal 5 resources, does not amend a land use code provision adopted to protect a significant Goal 5 resource or to address specific requirements of Goal 5, and does not amend the acknowledged urban growth boundary. Therefore, the amendment is consistent with Statewide Planning Goal 5. Goal 6 - Air, Water and land Resource Quality. To maintain and improve the quality of the air, water and land resources of the state. Goal 6 addresses waste and process discharges from development and is aimed at protecting air, water, and land from impacts from those discharges. The amendment does not affect the City’s ability to provide for clean air, water, or land resources. Therefore, the amendment is consistent with Statewide Planning Goal 6. Goal 7 - Areas Subject to Natural Disasters and Hazards. To protect life and property from natural disasters and hazards. Goal 7 requires that local government planning programs include provisions to protect people and property from natural hazards such as floods, landslides, earthquakes and related hazards, tsunamis, and wildfires. The amendment does not amend or repeal any policies or regulations that protect people and property from natural hazards. Therefore, the amendment is consistent with Statewide Planning Goal 7. Goal 8 - Recreational Needs. To satisfy the recreational needs of the citizens of the state and visitors, and where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. Goal 8 ensures that recreational facilities are provided to Oregon residents and tourists and is primarily concerned with the provision of those facilities in non-urban areas of the state. The amendment does not affect the City’s provisions for, or access to, recreation areas, facilities, or recreational opportunities. Therefore, the amendment is consistent with Statewide Planning Goal 8. Goal 9 - Economic Development. To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon’s citizens. Page 12 of 30 Goal 9 requires cities to evaluate the supply and demand of commercial land relative to community economic objectives. The amendment does not impact the supply of industrial or commercial lands. Therefore, the amendment is consistent with Statewide Planning Goal 9. Goal 10 - Housing. To provide for the housing needs of citizens of the state. Goal 10 requires the City to provide an adequate supply of residential buildable land to accommodate the City’s estimated housing needs for a 20-year planning period. The Envision Eugene Residential Land Supply Study (2012-2032) was adopted by the City of Eugene in 2017 as a refinement of the Envision Eugene Comprehensive Plan and complies with the requirements of Goal 10 and Chapter 660, division 008 of the Oregon Administrative Rules. The amendment does not alter or amend the City’s adopted Envision Eugene Residential Land Supply Study. Affected properties are designated variously as High Density Residential, Mixed Use, Parks and Open Space, and Nodal Development. The amendment does not impact the supply of residential buildable land, because the development potential of affected properties is not impacted by allowances for signage. The amendments will not re-zone or re-designate land from residential use to nonresidential use. Accordingly, the amendments do not impact the supply or availability of residential lands included in the documented supply of “buildable land” that is available for residential development as inventoried in the acknowledged Residential Lands Supply Study. The amendment is consistent with Statewide Planning Goal 10. Goal 11- Public Facilities and Services. To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. The amendment does not affect the City’s provision of public facilities and services. Therefore, the amendment is consistent with Statewide Planning Goal 11. Goal 12- Transportation. To provide and encourage a safe, convenient and economic transportation system. The Transportation Planning Rule (OAR 660-012-0060) contains the following requirement: (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 significantly affects a transportation facility if it would: (a) Change the functional classification of an existing or planned transportation facility (exclusive of correction of map errors in an adopted plan); (b) Change standards implementing a functional classification system; or (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 Page 13 of 30  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 (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 amendment does not change the functional classification of a transportation facility, change the standards implementing a functional classification system, or degrade the performance of a facility otherwise projected to not meet performance standards. Based on the above findings, the amendment is consistent with Statewide Planning Goal 12. Goal 13 - Energy Conservation. To conserve energy. Goal 13 provides guidance on the management of land and land uses to maximize the conservation of energy. This amendment does not concern energy conservation. Therefore, the amendment is consistent with Statewide Planning Goal 13. Goal 14 - Urbanization. To provide for an orderly and efficient transition from rural to urban land use. The amendment does not affect the City’s provisions regarding the transition of land from rural to urban uses. Therefore, the amendment is consistent with Statewide Planning Goal 14. Goal 15 - Willamette River Greenway. To protect, conserve, enhance and maintain the natural, scenic, historical, agricultural, economic and recreational qualities of lands along the Willamette River as the Willamette River Greenway. The amendment does not contain any changes that affect the Willamette River Greenway regulations. The Downtown Riverfront was granted numerous concurrent approvals to allow for the Downtown Riverfront development, including code amendments, refinement plan amendments, zone changes, tentative subdivision, standards review, and a Willamette River Greenway permit. Some properties impacted by the amendment are within the adopted Greenway boundary, but these minor sign code changes do not represent intensification of uses within the Greenway within the context of their existing approvals, including City file WG 19-3. Therefore, the amendment is consistent with Statewide Planning Goal 15. Goal 16 through 19 - Estuarine Resources, Coastal Shorelands, Beaches and Dunes, and Ocean Resources. There are no coastal, ocean, estuarine, or beach and dune resources related to the property affected by this amendment. Therefore, these goals are not relevant, and the amendment will not affect compliance with Statewide Planning Goals 16 through 19. Page 14 of 30 (2) The amendment is consistent with applicable provisions of the comprehensive plan and applicable adopted refinement plans. Applicable Metro Plan Policies The Metro Plan does not contain any policies relevant to this amendment. Envision Eugene Comprehensive Plan The Envision Eugene Comprehensive Plan does not contain any policies relevant to this amendment. Applicable Refinement Plans The applicable refinement Plan, the Eugene Downtown Plan (2004), does not contain policies relevant to this amendment. (3) The amendment is consistent with EC 9.3020 Criteria for Establishment of an S Special Area Zone, in the case of establishment of a special area zone. The amendment does not establish a special area zone. Therefore, this criterion does not apply. Page 15 of 30  AGENDA ITEM SUMMARY June 11, 2024 To: Eugene Planning Commission From: Shawn Burgett, Associate Planner, Planning Division Subject: Action on a Request for a Home Burial for property at Tax Lot 03902 of Assessor’s Map 17-04-23-41 ACTION REQUESTED Take action on a final order in response to an applicant’s request to use their property for private family burial on the property identified as Tax Lot 03902 of Assessor’s Map 17-04-23-41, located on the north side of Park Avenue, west of River Road. A draft Final Order is included in Attachment A. BRIEFING STATEMENT On May 19, 2024, Cathryn Cardellino and Michael Strasburger submitted a request to use Tax Lot 03902 at Assessor’s Map 17-04-23-41, adjacent to flag lot addressed 925 Park Avenue, as a private family burial ground for the requestors and the requestors’ family members. A map of the subject property is included in Attachment B. Oregon Revised Statute (ORS) 97.460(1) states that, “A person may not lay out, open up or use any property for cemetery or burial park purposes, unless the person: (a) Is the owner of the property; (b) Has the written consent of the planning commission of the county or city having jurisdiction under ORS 92.042 or, if there is no such commission in such county or city, the governing body of such county or city; (c) Agrees to maintain records of the disposition of human remains on the property as required by the planning commission or governing body of the county or city having jurisdiction under ORS 92.042; and (d) Agrees to disclose the disposition of human remains upon sale of the property. Failure to disclose the disposition of human remains does not invalidate the sale of the property.” For this reason, the applicant is requesting the Eugene Planning Commission consent to the location of a private family burial ground on their property. For ease of reference, a copy of the applicant’s written request is included as Attachment C. PROCEDURAL SUMMARY The requested final order is not a land use action, nor a land use decision. There are no Eugene Land Use Code provisions which would govern or apply to this request for a home burial. Planning Commission action is requested in accordance with ORS 97.460 that requires Planning Commission consent to the use of the Subject Property for a private family burial ground. ORS 97.460(1)(b) authorizes the Eugene Planning Commission, through a majority vote to take final action. Page 16 of 30 STAFF RECOMMENDATION Based on the available information and materials in the record, staff recommends that the Planning Commission approve a final order to allow a family burial ground pursuant to ORS 97.460. ATTACHMENTS A. Draft Final Order Exhibit A: Legal Description of Subject Property B. Vicinity Map C. Applicant’s Written Request Staff Contact: Shawn Burgett, Associate Planner Telephone: 541-682-5485 Staff E-Mail: SBurgett@eugene-or.gov Page 17 of 30  Attachment A [DRAFT] FINAL ORDER OF THE EUGENE PLANNING COMMISSION CONSENTING TO USE OF PROPERTY FOR PRIVATE FAMILY BURIAL GROUND ______________________________________________________________________________ I. INTRODUCTION On May 19, 2024, Cathryn Cardellino and Michael Strasburger submitted a request to use the property located at Tax Lot 03902 of Assessor’s Map 17-04-23-41, more particularly described in Exhibit A (Subject Property), as a Private Family Burial Ground for the internment of the requestors and the requestors’ family members, as permitted under Oregon Revised Statute (ORS) 97.460(1). II. FINDINGS As required by ORS 97.460(1)(a), Cathryn Cardellino and Michael Strasburger are the owners of the Subject Property per the Cathryn Cardellino Revocable Trust. The Eugene Planning Commission is the planning commission with jurisdiction over the Subject Property as provided by ORS 97.460(1)(b). Consistent with the requirements of ORS 97.460(1)(c) regarding maintenance of records of the disposition of human remains on the Subject Property, Cathryn Cardellino and Michael Strasburger have agreed to record an instrument with Lane County Deeds and Records that identifies the location of the burial site(s) on the Subject Property. Upon the sale of the Subject Property, Cathryn Cardellino and Michael Strasburger agree to disclose any family members that have been interred on the property, as well as the location of the burial site in accordance with ORS 97.460(1)(d). III. CONSENT The Eugene Planning Commission hereby consents to the use of the Subject Property as a Family Burial Ground in accordance with Oregon Revised Statutes 97.460 and this Final Order, subject to the following condition: The owner of the Subject Property shall record an instrument with Lane County Deeds and Records that identifies the location of the burial site on the Subject Property. Final Order: Consenting to Use of Property as Private Family Burial Ground Page 18 of 30  Attachment A IV. CONCLUSION The foregoing is adopted as the Final Order of the Eugene Planning Commission, dated June ____, 2024, and consenting to the use of the Subject Property for a private family burial ground on the terms and conditions included in this Order. This decision is made pursuant to ORS 97.460 and is not a land use decision. ______________________________ Tiffany Edwards, Chair Eugene Planning Commission Exhibit A: Legal Description of the Subject Property Final Order: Consenting to Use of Property as Private Family Burial Ground Page 19 of 30  Attachment A Exhibit A Legal Description Tax Lot 03902 of Assessor’s Map 17-04-23-41 Beginning at the centerline intersection of Park Avenue and Walnut Avenue, said point of being South 0° 44’ West, 20.00 feet and South 88° 16’ West, 1375.68 feet from the initial point of PLAT OF PARK AVENUE ADDITION, as platted and recorded in Book 9, Page 31, Lane County Oregon Plat Records, said point also bearing North 1022.39 feet and East 412.00 feet from the Brass Cap set in the concrete monument established in the restoration of the Southeast corner of the Joseph Ogle Donation Land Claim No. 43, Township 17 South, Range 4 West of the Willamette Meridian, according to the records of the Lane County Surveyor’s Office; thence South 88° 16’ West, 43.93 feet along the center of Park Avenue; thence North 0° 27’ 15” West, 140.00 feet; thence North 88° 16’ East, 75.00 feet; thence South 0° 27’ 15” East, 140.00 feet to the center of Park Avenue; thence South 88° 16’ West, 31.07 feet along the center of Park Avenue to the point of beginning, all in Lane County, Oregon. Final Order: Consenting to Use of Property as Private Family Burial Ground Page 20 of 30  Home Burial Request Eugene Planning Commission - June 11, 2024 Attachment B PARK TE R PARK AVE WALNUT AVE Subject Property Caution: This map is based on imprecise source data, subject to Taxlots change, and for general reference only. Eugene UGB Created on 6/3/2024 ^ by City of Eugene Planning Division N Page 21 of 30 Ft 0 25 50 100  Attachment C Cathryn Cardellino and Michael Strasburger 775 Walnut Ave Eugene, OR mikestrasburger@me.com 458-205-1449 May 19, 2024 Eugene Planning Commission 99 W 10th Ave Eugene, OR 97401 Subject: Request for Approval to Establish a Private Property Burial Siting Dear Eugene Planning Commission, We are writing to formally request your approval to establish private family burial grounds on our property, identified by map and tax lot number 1704234103902, located on Park Ave in Eugene, Oregon. The property is owned by the Cathryn Cardellino Revocable Living Trust, of which we are the sole trustees. This undeveloped lot is .20 acres, and home to 12 old-growth Douglas-fir trees in excellent condition. We have lived for 20+ years less than 100 yards from this property, and were fortunate to purchase it in 2020 (the owners wanted to sell to folks who would not cut down the trees). Our intent is to never sell this property; we plan to preserve it in perpetuity through the creation of an irrevocable trust or similar legal instrument. This request is a plan-ahead move; finding the right vehicle to hold the property may take quite a while. If unable to complete this plan, we would disclose the disposition and location of human remains upon sale of the property. Our request is to grant the approval to the entire property, allowing us to determine the specific location of each burial at the time of need, with the requirement that the exact location be recorded promptly with Lane County Deeds and Records to maintain transparency and compliance with statutory requirements. We will ensure the burials will not be close to any property lines. In conclusion, our proposal to establish a private burial park on our property is a deeply personal and thoughtfully planned endeavor. We believe that our plan aligns with the spirit and letter of the Oregon Revised Statutes 97.460, and we are committed to ensuring compliance with all applicable laws and regulations. Thank you for considering our request. We are available at your convenience to discuss this proposal in further detail or to provide any additional information required. Sincerely, ��{Ji Page 22 of 30  5cci\e, � Yi b ,·vich :::. \ f cot Attachment C ' @;::. fir Trz<'.., '-J z 75' 3902 I I .. Page 23 of 30  Attachment C CERTIFICATION OF TRUST We, Cathryn Cardellino and Michael Strasburger, Trustees of the Cathryn Cardellino Revocable Living Trust, hereby certify as follows: 1. The Cathryn Cardellino Revocable Living Trust (''the Trust") was executed on March 17, 2014 and is presently in existence. 2. The Trustor of the Trust is Cathryn Cardellino and the current acting Trustees of the Trust are Cathryn Cardellino and Michael Strasburger. 3. The trustee powers include all those powers conferred upon a trustee under Oregon law. 4. The mailing address of the Trustee is: 775 Walnut Ave., Eugene OR 97404 5. The Trust is revocable by the Trustor. 6. The rights of revocation, withdrawal, and amendment reserved by the Trustor must be exercised solely by Trustor and may not be exercised by any other person, including any agent, guardian, or conservator except by a conservator with court approval or by an agent acting under a durable power of attorney that specifically authorizes such action. 7. The Trustees designated in item 2 may alone and have authority to exercise trustee powers alone. Signature and consent of only one Trustee is necessary to bind or commit trust assets on behalf of the trust. 8. The taxpayer identification number of the Trust __ 9. In the event of the resignation, incapacity or death of the Trustee, the remaining trustee shall serve as successor Trustee. IO.Trust property is to be titled as follows: Cathryn Cardellino and Michael Strasburger Trustees, Cathryn Cardellino Revocable Living Trust, Dated March 17, 2014 Page 24 of 30  Attachment C Produced using RLID (www.rlid.org) on 05/29/2024 at 9:33 AM Page 25 of 30  Attachment C Produced using RLID (www.rlid.org) on 05/29/2024 at 9:33 AM Page 26 of 30  Attachment C Produced using RLID (www.rlid.org) on 05/29/2024 at 9:33 AM Page 27 of 30  Attachment C Real Property Tax Lot Record Lane County Assessment and Taxation Print Date: May 29, 2024 In preparation of these records, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors in information may occur. In particular but without limiting anything here, Lane County disclaims any responsibility for typographical errors and accuracy of this information. The information and data included on Lane County servers have been compiled by Lane County staff from a variety of sources, and are subject to change without notice to the User. Lane County makes no warranties or representations whatsoever regarding the quality, content, completeness, suitability, adequacy, sequence, accuracy, or timeliness of such information and data. The legal descriptions contained herein are for tax lot purposes only. Included in this report: 1. A listing of documents affecting ownership and/or property boundary changes. 2. The scanned tax lot record image and any legal description changes made since . Map & Tax Lot 1704234103902 Current Parcel/Account Current TCA Status Active 0426237 00412 Document # Type Date Effective Year Tax Lot Acres 2020-015161 Warranty Deed 03/24/2020 2020 0.00 Comments: Description Card 0.00 Comments: Page 28 of 30  OFFIC.IAL RECORD OF DESCRIPTIONS OF REAL,rPflOPERTIES Attachment C CODE ·• · OFFICE OF COUNTY ASSESSOR LANE COUNTY, OREGON NO. 426 237 23 17 4 West AERIAL PHOTO NUMBER SECTION TOWNSHIP __ S. RANGE __ W.M. LOT BLOCK NO. NO. ADDITION CITY DEED RECORD ACRES INDENT EACH NEW LEGAL DESCRIPTION REMAINING COURSE TO THIS POINT DATE OF ENTRY DEED NUMBER �eginning at the centerline intersection° of 1962' R.168 Park Avenu and Walnut Avenue, said point being s.0 44 rw. 24582 20.,00 feetj and S.88 ° 16 'West 1374.68 feet�om the Initia 1978 873/72581 Point of P4rk Avenue Addition, accordi1',-,,t o the plat the of recorded in volume 9 of plats, pa�Jl, records of La County, Or�gon, said point also be�i'lMort� 1022.39 fe and East 412.00 feet from the Br�� Citft set ill the concr te monument e�tablished in the res)q?a.t�on of the Southeast corner of the Joseph Ogle D.1�#43, Twp.17 South, Range 4 West, W ·*•, Surveyors Gffice; according to tl1"s;""'records of the Lane Count thence � 1s.88 ° 16 1 West J.Q•93, feet along the center of Park Avenue; thence 1N.0 ° 27 1 1,51 1 West 140.00 feet; thence IN.88° 16 East 1,50.00 feet; thenc� ° 1 S.0 27 'l.511 East 140.00 feet to�e center of Park Avenue; thence 1s.88 16 1 West 31.07 feet alonYi\Jle center of ° Park Aven to the point of beginniJJe�lli in Lane Coun , Oregon. ] . �\ Except: The south 20.0�et of the above trac lying in Park Avenue. I . .;::,. �1itaining more or less Except- Tax Lot �Q! containing more or less 0,42 0.21 acre by R.168, . 2h581.�62) l Containing more or less 0.21 1962 R.186 jBeginning at the centerline intersection ° of 55744 Park Avenur and Walnut Avenue, said point being S.0 44 1 1984 1265/8335 33 West 20.00 I feet and S. 88 16 'West 1375.68 feet from the ° R1288/84-0 991 Initial Point of Park Avenue Addition, according to the plat thereof recorded in volurre 9 of plats, page 31, rec rds 1 987 R1423/863' 603 of Lane Co1f.1tY, Oregon, said point also bearing North 1022.39 feet and East 412.00 feet from the Brass Cap set JO� in the con6rete monument established in the restoration of the Southeast corner of the Joseph Ogle D.L.C. #43, Twp.17 Souyh, Range 4 West, W.M.,, according to the recor s of the Lan� County Surveyors Office; thence 1s.88 16 1West 43.93 feet along the center of ° Park Avenu'; thence N.0 ° 27 '151 1 West 140.00 feet; thence IN.88° ° 16 'East ·15.00 feet; thence s.0 27 '15 11 East 140.00 feet to the center of Park Avenul; thence I Page 29 of 30 s.88 ° 16 'West 31.07 feet along the center of continue - 1  OFFICIAL RECORD OF DESCRIPT.IONS OF REAL PROPERTiES ''' 'OFFl(:E OF COUNTY ASSESSOR LANE COUNTY, OREGON Attachment CNO. CODE I . OLD NUMBER I 17-04-23-:·4-l I MAP lTAX 3902 AERIAL PHOTO LOT NO. NO. -------,--=---'-=�:c-:': l�� I ACCOUNT NUMBER '='::::------1 SECTION ____ TOWNSHIP s. I RANGE W.M. 1 LOT B�OCK NO. NO. ADDITION I CITY I DEED RECORD ACRES INDENT EACH NEW COURSE TO THIS POINT •continued-­ I LEGAL DESCRIPTION DATE OF ENTRY DEED NUMBER REMAINING I · i Park.Avenue to the point of beginning, all in Lane tCounty� Oregon. �xcept: The s:outh 2.0.00 feet of the above trac v ly�ng in P k Avenue •. j I Containing more or less 0.21 I I I I I I I' I I I I I . I . I I I Page 30 of 30