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HomeMy WebLinkAboutOrdinance No. 20330 COUNCIL ORDINANCE NUMBER 20330 COUNCIL BILL NUMBER 4884 AN ORDINANCE ESTABLISHING THE S-HK HISTORIC KAUFMAN HOUSE SPECIAL AREA ZONE; AMENDING SECTION 9.8865 OF THE EUGENE CODE, 1971; AND AMENDING THE EUGENE ZONING MAP. ADOPTED: November 24, 2004 PASSED: 7/0 REJECTED: OPPOSED: ABSENT: Solomon EFFECTIVE: 30 days from date of Mayor's signature ORDINANCE NO. 20330 AN ORDINANCE ESTABLISHING THE S-HK HISTORIC KAUFMAN HOUSE SPECIAL AREA ZONE; AMENDING SECTION 9.8865 OF THE EUGENE CODE, 1971; AND AMENDING THE EUGENE ZONING MAP. The City Council of the City of Eugene finds that: A. The Kaufman House was donated to the City of Eugene in 1972 and has been used as a senior center under a conditional use permit (CUP) for over 30 years, along with the adjacent Kaufman Annex (Beardsley House at 673 West l0th Avenue). B. Recognition of historic landmarks enhances the beautification of the city, promotes the city's economic health, and preserves the value of these properties. The regulation of designated historic landmarks provides a means to review changes to a landmark and ensure that historic and architectural values are preserved. The Gertrude and Ludwig Kaufman House was designated as a City of Eugene Historic Landmark on December 8, 2003. C. A Historic Special Area Zone is desirable for the Gertrude and Ludwig Kaufman House to foster the continued preservation of the property by allowing appropriate uses beyond the senior services authorized by the CUP and establishing appropriate development standards. Existing zones contain uses that are inappropriate while omitting uses that are appropriate to this specific historic building and site. D. Site-specific historic zones are generally established by ordinance without codification. Copies of such ordinances are to be maintained at the City's Planning & Development Department (Sections 9.3020 and 9.3450 of the Eugene Code, 1971 ("EC")). The S-HK Historic Kaufman House Special Area Zone is such a site-specific historic zone. NOW, THEREFORE, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The S-HK Historic Kaufman House Special Area Zone is hereby established and shall be subject to the following: (a) Puroose of S-HK Historic Kaufman House Soecial Area Zone. The S-HK Special Area Zone is intended to afford the Gertrude and Ludwig Kaufman House Historic Landmark ("Kaufman House") special treatment and protection so that the uses permitted and restrictions imposed will preserve and allow rehabilitation of the landmark's character-defining features (an example of a prominent local architect's, John Hunzicker's, work), and the distinctive landscape design features of Lloyd Bond. Those character-defining features are described in Exhibit A, Final Decision Eugene Historic Review Board, December 4, 2003. Ordinance- 1 (b) S-HK Historic Kaufman House Soecial Area Zone Sitine Requirements. In addition to the approval criteria at EC 9.8865 Zone Change Approval Criteria, the S-HK Historic Kaufman House Special Area Zone applies only to the parcel of land located at 996 Jefferson Street, Eugene, Oregon, Assessor's Map 17-03-31-24, Tax Lot 9200, as described on the attached Exhibit B. (c) S-HK Historic Kaufman House Soecial Area Zone Land Use and Permit Requirements. The following Table S-HK Historic Kaufman House Special Area Zone Uses and Permit Requirements, identifies uses in the S-HK zone that are: (P) Permitted, subject to zone verification. (C) Subject to an approved conditional use permit. (S) Permitted subject to zone verification and the Special Development Standards for Certain Uses beginning at EC 9.5000. S-HK Historic Kaufman Special Area Zone Uses and Permit Requirements S-HK Accessory Uses Accessory Uses. Examoles related to residential use include a garage, storage shed, P and services primarily for use by residents on the site, such as a recreation room and laundry facility. Parking areas and garages constructed and used for a principle use on the development s~te, such as an apartment, are allowed as an accessory use. Accessory Uses. Examoles related to non-residential use include accessory services P that are related to community service or professional office use, such as storage, classes, and recreational programs. Education, Cultazral, Religious, Social and Fraterrtal Artist Gallery/Studio p Club or Lodge of State or National Organizabon p Community and Neighborhood Center p Church, Synagogue, and Temple, including associated residential structures for C rehgious personnel, but excluding elementary through high school Museum C , School, Business or Specialized Educational Training, (excluding driving instruction) C Office Uses Administrative, G(~neral, and P~ofessional Office P Scientific and Educational Research Center, includes laboratory, provided there shall P be no radioactive materials, toxic, or noxious matter associated with the use or process. Residential Dwellings One-Family Dwelling (1 Per Lot) P Duplex (Two-Family Attached on Same Lot) P Mulbple Family (3 or More Dwellings on Same Lot) (See EC 9.5500) S Assisted Care & Day Care (Residences Providing Special Services, Treatment or Supervision) Assisted Care (5 or fewer people living in facility P Assisted Care (6 or more people living in facility) C Day Care (3 to 12 people served) (See EC 9.5200) S Day Care (13 or more people served) C Commercial Services Ordinance - 2 S-HK Historic Kaufman Special Area Zone Uses and Permit Requirements S-HK Bed and Breakfast Facility (See EC 9.5100) S Catering Service P Home Occupation (See EC 9.5350) S Temporary Activity (See EC 9.5800) S (d) S-HK Historic Kaufman House Special Area Zone Development Standards. In addition to applicable provisions in the Eugene Code, 1971, the development standards listed in subsections (3) to (5) of this section shall apply to all development in the S-HK zone. In cases of conflict, the standards specifically set out in this ordinance shall apply. (1) Adiustment. An adjustment may be made to any of the standards referenced in subsections (3), (4) or (5)(b) of this section in accordance with EC 9.8030 (15) (2) Historic Property Alteration Approval. Any landscape alterations, building alterations or additions, and all new construction shall comply with EC 9.8175 Historic Property Alteration Approval Criteria. (3) Residential Development Standards. All residential development allowed pursuant to subsection (d)(2) shall be governed by General Standards for all Development in EC 9.6000 through 9.6885 and the development standards applied to the R-2 zone in EC 9.2750 and 9.2751, except that there shall be no minimum density requirement. (4) Non-Residential Development Standards. All non-residential development allowed pursuant to subsection (d)(2) shall be governed by General Standards for all Development in EC 9.6000 through 9.6885 and the development standards applied to the C-1 zone in EC 9.2170 and 9.2171, with the exception that all new buildings shall conform with the height limitations of the R-2 zone. (5) Parking. (a) Community and Neighborhood Center uses, including the existing senior center use, may continue to operate at the site using the amount of existing on-site parking in the driveway off 10th Avenue (three spaces). (b) Any other use on the site must comply with the parking requirements of EC 9.6410. (e) S-HK Historic Kaufman House Special Area Zone Lot Standards. Partitions, subdivisions, and lot line adjustments are prohibited for the S-HK Historic Kaufman House Special Area Zone, except that the western property line as described on Exhibit B may be adjusted no more than a total of 10 feet. Ordinance - 3 Section 2. Subsection (4) of Section 9.8865 of the Eugene Code, 1971, is amended by adding a new subparagraph "(p)" thereto, to provide: 9.8865 Zone Chance Aooroval Criteria. Approval of a zone change application, including the designation of an overlay zone, shall not be approved unless it meets all of the following criteria: (4) The proposed zone change is consistent with the applicable siting requirements set out for the specific zone in: (p) 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. Section 3. The Eugene Zoning Map is amended to rezone the property located at 996 Jefferson Street, Eugene, Oregon, Assessor's Map 17-03-31-24, Tax Lot 9200 from its existing R-2/R-3 zone to S-HK Historic Kaufman House Special Area Zone, as described on the attached Exhibit B. Section 4. The findings attached as Exhibit C and incorporated herein by reference are adopted in support of this action. Section 5. The City Recorder, at the request of, or with the concurrence of the City Attorney, is authorized to administratively correct any reference errors contained herein or in other provisions of the Eugene Code, 1971 to the provisions added, amended or repealed herein. Passed by the City Council this Approved by the Mayor this 24th day of November, 2004 (~/~ ~y of ~ ~dgx,,~}~ ~ ,2004 city Recorder ~ Ordinance - 4 FINAL DECISION EUGENE HISTORIC REVIEW BOARD DECEMBER 4, 2003 Public Hearing Approval for City Historic Landmark Designation Application Name: Gertrude and Ludwig Kaufman House (Historic Name) Kaufrnan Senior Center (Common Name) Application Number: (HD 03-02) Submittal Date: October 29, 2003 Public Hearing Date: December 4, 2003 Property: Tax Lot//9200 Assessor's Map # 17-03-31-24 Zoning: R-3 Limited High Density Residential Location: The Kaufman Senior Center faces east on Jefferson Street at the northwest comer of West l0th Avenue, in the Westside Neighborhood. Request: City of Eugene Historic Landmark Applicant: Mr. Glen Svendsen, City of Eugene Representative: Terri Harding, AICP, Satre Associates Staff Contact: Ken Guzowski, Planning Division, 682-5562 BACKGROUND INFORMATION This application for City of Eugene Historic Landmark was submitted on October 29, 2003. Section 9.7305 of the Eugene Code, Type III applications, requires the Historic Review Board to conduct a public hearing within sixty days of submittal of a complete application. Staff held a predevelopment conference with Emmy Jensen, Facility staff, and Terri Harding, applicant's representative, in September of 2003 to discuss the application form and details of the application process. Staff toured the property m~d summarized a predevelopment meeting on January 6, 2003, recommending that the Kaufman Senior Center might be eligible for listing as a City of Eugene Historic Landmark. The Kaufman Senior Center remains in active use. The applicant's representative has completed the requisite research, summarizing the applicable criteria in the submittal. The Kaufman Senior Center was designed by the local architect John Hunzicker. NOTICE Owners and occupants within 500 feet of the subject property were mailed notice of the application and landmark designation hearing on November 4, 2003. Referrals were forwarded to relevant City staff and the Jefferson-Westside Neighborhood Group on November 5, 2003. Elaine Barrett with the Kaufman Senior Center called to get more information about attending the HRB meeting and voicing their positive thoughts on the proposed designation. Steve McQuire, Land Use Referral, submitted his response by stating that because there is no proposed construction his office has no issue with the referral. Marilyn Odell, with the Jefferson-Westside Neighborhood Group, requested copy of the application so that she could review and forward the Kaufman Semor Center December 4, 2003 Page 1 EXHIBIT ~ PAGE. I OF '"J neighborhood groups evaluation. Staff spoke with Cary Thompson about the proposed designation and future change of zoning, with him representing the Jefferson-Westside Neighborhood Association and sitting on the board of the Kaufman Senior Center. STAFF RECOMMENDATION The submitted application is complete and the Historic Review Board may proceed with evaluating this application for eligibility as a City of Eugene Historic Landmark. Staff recommends approval of this application because it appears to meet criteria 9.8165(1) and 9.8165(2)(b): Association with the lives of persons significant to our past. The landscape design existing at the Kaufman Senior Center was implemented by Lloyd Bond in 1963. Although the landscape does not meet the traditional 50 year age criteria it appears to be a significant example of Lloyd Bond's residential work. SCOPE OF EVALUATION This application for City of Eugene Historic Landmark designation was reviewed under thc Eugene Code, Section 9.8165 - Historic Landmark-Designation Approval Criteria. The evaluation includes criteria from Section 9.8165(1 )(2)(a,b,c,d): 9.8165(1): Designation is consistent with applicable provisions of the Metro Plan attd applicable refinement plans. The designation of the Kaufinan Senior Center is supported by the Metropolitan Area General Plan, which states: "Adopt and implentent 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. ~ (Policy 1, page 111-1-2.) If designated, the Kaufman Senior Center will add to our knowledge of the residential work of John Htmzicker in Eugene, Oregon. Recognition as a historic landmark will encourage, and probably assure, the continued preservation of this prominent historic structure. If approved as a City of Eugene Historic Landmark the recognition might encourage other property owners to pursue historic designation, or additional research on the history of the Westside Neighborhood. Historic Landmark Designation of the Kaufman Senior Center is consistent with Policy #1 found in the Neighborhood Character and Design Element Section of the Westside Neighborhood Plan - January 1987. Identify and encourage preservation of the significant cultural resources and unique features of the neighborhood including buildings, sites, structures, objects, street trees, and landscape features. (Page 6-1) Kaufman Senior Center December 4, 2003 Page 2 EXHIBIT A PACE ~ OF. ~' By designating the Kaufman Senior Center as a City of Eugene Historic Landmark the historic property will be well documented through research and the photographic record. Designation will help to ensure the preservation of the Kaufman Senior Center. (2): Designation is based on a determination of historic significance according to one or more of the following: (a) Is associated with events' that have made a significant contribution to the broad patterns of history. The Kaufman Senior Center is associated with the Progressive Era (1884-1913) in Eugene, as described in the Eugene Area Historic Context Statement. This period saw a phenomenal boom in residential construction between 1909 and 1912. Around this time houses were being moved away from Willamette Street to make way for businesses as they expanded along Olive, Oak, Pearl and Chamelton. Craftsman and Bungalow style residential construction was very popular in Eugene at this time (from about 1900 to 1930). The Kaufinan Senior Cemer is a representative example of the residential building boom of the Progressive Era. In 1900 Eugene's population was 3,236 and by 1910 the population rose to 9,009, which is indicative of the need for housing in Eugene during this period. Population leveled out iu the next decade with 10,593 people residing in the City by 1920. (b) Is associated with the lives of persons significant to our past. The Kaufman Senior Center was built in 1908 for E.K. Wheeler who was a businessman associated with the U.S. National Bank and a secretary of the Odd Fellows Lodge. Mr. Wheeler owned the property nntil his death in 1937. The lot is part of the Amended Plat of James Huddleston's Addition to the City of Eugene. Gertrude (Trude) and Ludwig Kaufman purchased the Wheeler House in 1941. The Kaufmans had fled from Nazi Germany in 1936, and arrived in Eugene in 1937. Trude had her own dress shop in Cologne, and Ludwig operated "Gebruder Kaufinan" (Kaufmann Brothers) in Mainz, Germany for 33 years. The Kaufmans opened their first clothing store in Eugene in 1937 on Willamette Street. They eventually owned four stores, emplo34ng 125 people by 1968. Ludwig oversaw the financial end of the businesses, while Trade served as manager and buyer. In 1962 Ludwig died so Trude assumed responsibility for all aspects of the businesses. Trude Kaufman was an advocate for women's rights, having campaigned in Germany to allow women the right to vote. Mrs. Kaufinan maintained an extensive involvement with local charities, which she did quietly. She worked with the Pearl Buck Center and helped to fund and establish the REAL Program (Retarded Earn and Learn). In addition she was involved in the good work of the Salvation Army, YMCA, YWCA, and the Jewish Haddassah organization. HADASSAH, the Women's Zionist Organization of America, is a volunteer women's organization, whose members are motivated and inspired to strengthen their partnership with Kaufman Senior Center December 4, 2003 Page 3 EXHIBIT ~_ PACE __ Israel, ensure Jewish continuity, and realize their potential as a dynamic force in American society. Founded in 1912, Hadassah retains the passion and timeless values of its founder, Henrietta Szold, Jewish scholar and activist, who was dedicated to Judaism, Zionism, and the American ideal. Committed to the centrality of Israel based on the renaissance of the Jewish people in its historic homeland, Hadassah promotes the unity of the Jewish people. In Israel, Hadassah initiates and supports pace-setting health care, education and youth institutions, and lm~d development to meet the country's changing needs. In the United States, Hadassah enhances the quality of American and Jewish life through its education and Zionist youth programs, promotes health awareness, and provides personal enrichment and growth for its members. Trade Kaufman was nan~ed "Woman of Achievement" by Quota club, and international service association of professional women. Trude sold the four Eugene stores in 1971 so that she could retire. Concurrently, Mrs. Kaufman negotiated the donation of her home and the adjacent property (Kaufman Senior Center & Annex), to the City of Eugene. The motivation of her gift follows: "I had been in the process of selling the property, but I decided then it would be much better if people could enjoy that lovely piece of land, rather than having it torn up for apartments. It's the only piece of greenery in that area." (Eugene Register Guard, 11 October, 1972, p. 1E). Edwin Smith, Eugene Parks Director, stated that the main house was ideally suited for senior activities, which group it has served for the past thirty two years. Mrs. Kaufman died in 1977 and the Register Guard outlined her many accomplishments and contributions to the City she loved. Mayor Gus Keller commented: "One of Eugene's very great first ladies has passed away. There's a void in the city today." Jane Phillips, fashion coordinator for Kaufman's, said Trude was "...a living legend in her own time. She had an incredible insight for business and an incredible sense of timing...when she leamed of the plans for Valley River Center she immediately knew this was the direction to pursue, even though there was just nothing out there then." Mrs. Kaufman's accomplishments as a pro~ninent business woman in Eugene are well documented from the founding of the first clothing store in 1937. Her philanthropy and volunteer work were little known until her retirement and demise. Gertrude Kaufman remains a significant woman for the City of Eugene. The record needs to reflect that the historic name of the Kaufinan Senior Center should be the Gertrude and Ludwig Kaufman House. (c) Embodies the distinctive characteristics of a type, period, or method of construction, or represents the work ora master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction. Work of a Master According to research completed by Kimberly Lakin for her Master's thesis titled 'The Life and Work of John Hunzicker, Architect (1867-1945)", the Kaufman Senior Center was designed by Kaufman Senior Center Decembe~ 4, 2003 Page 4 EXHI~311 __ A Jolm Hunzicker. Hunzicker had a very successful 30-year architectural practice in Eugene (Oregon Architect License No. 0049). He was born in Wisconsin in 1867, the son of Jacob Hunzicker, a carpenter and farmer. John and his brother Emil worked as carpenter/contractors in Wisconsin for ~nany years. Hm~icker moved to Eugene in 1903 and began his practice as a self-taught architect; when licenses were required in 1919 he became the first registered architect in Eugene. ~ His first architectural commission was a building for the Woodmen of the World in Springfield, constructed in 1904. An inventory of his work lists nearly 150 buildings. The inventory includes 64 single-family houses, and of note, the Eugene Hotel, the Miner Building, a hospital, six armories, six lodge buildings, nine fraternity and sorority houses, thirteen schools, five churches, numerous commercial buildings, and the Douglas County Court House. During his lifetime, Hunzicker partnered with Theodore Gerow, architect, Lawrence Hunter and Archie Tirrell, builders, and Graham Smith, architect. Truman Phillips joined Smith and Hunzicker in 1929. Lakin explains that Hunzicker "eventually became not only the busiest architect in Eugene, but he outlasted many of the architects who began working in Eugene around the same time.''2 She attributes much of his success to his willingness to cater to his clients' wishes.3 Hunzicker also attracted attention outside of Eugene; he was written up in the journal Pacific Coast Architect in 1912. Mr. Hunzicker died in 1945 at the age of 78. The Kaufman Senior Center merits distinction because of the association with John Hunzicker, architect. Distinctive characteristics of a type, period, or method of construction Btmgalows were popularized at the beginning of the twentieth century through publications such as The Craftsman, a magazine published by Gustav Stickley from 1901 to 1916.4 According to Kimberly Keir Lakin's 1982 thesis titled 'The Life and Work of John Hunzicker, Architect (1867- 1945), "Bungalows were a particularity popular style for residences in Eugene and were built fi.om around 1905 until World War I. Lakin goes on to describe the Hunter House, saying both it and another example by Hunzicker "hug the ground and have the massive quality typical of the Bungalow style.'6 Other defining characteristics include: the prominent porch supported by squared columns; a low-pitched gable (and intersecting hipped) roof; and the wide overhanging eaves with decorative eave brackets. The influence of the Arts and Crafts Movement and the ~Lakin, 24. 2Lakin, 3. 3Lakin, 3. 4Rosalind Clark, Oregon Style' Architecture 1840 to 1950s (Portland, Oregon: Professional Book Center, Inc., 1983), 145. 5Klmberly Keir Lakm, "The Life and Work of John Hunzmker, Architect (1867-1945" (M A. thesis, University of Oregon, 1982), 18. 6Lakin, 19. Kaufman Semor Center & Annex December 4, 2003 Page 5 related Craftsman style can be seen at the interior of the house; the Bungalow style was an outgrowth of this movement. The Kaufman Senior Center was constructed in 1908 and illustrates the mass, proportions and detailing characteristic of the Craftsman style houses designed by John Hunzicker. The house contains a basement, first and second floor, along with a usable attic. The side gable roof is penetrated by two pronfinent gabled donners, connected by a shed dormer, on the east elevation. Vertical siding exists on the first floor, a product of the remodel accomplished in 1963. The second story displays the wood slfingles of the original building with original fenestration including paired and single one over one double hung windows. The attic story display six over one double hung windows. An elongated brick chimney is obvious on the south elevation as it extends the full height of the exterior. A single car garage is west of the main house and a small garden structure is located in the northwest corner of the garden, south of the alley. The house has sustained a number of alterations which diminish the architectural significance of the property. It appears that Mrs. Kaufman made changes to the house in 1963 to outfit it for modern residential living, one year after the demise of her husband. Alterations include the enclosure of the front porch for living space, while moving and diminishing the once prominent entrance door. Sliding doors and an enclosed porch were added on the north elevation of the house, undoubtedly intended to be utilized in conjunction with the landscape improvements completed by Lloyd Bond. An exterior spiral staircase and wheel chair lift are located on the north elevation of the building, greatly hidden from public view. A double garage was added to the west side of the house, along with restrooms, bedrooms and meeting rooms for the public. Kaufman Senior Center Landscape The Kaufman Senior Center has a large garden to the north m~compassing the proportions of one full tax lot. The area is well landscaped as part ora 1963 lm~dscape sche~ne designed by Lloyd Bond. Lloyd Bond is registered as Oregon Licensed Landscape Architect//2. He opened his practice as Lloyd Bond and Associates in 1954, many years prior to the professional licensure requirement being enacted for the profession of landscape architecture. Mr. Bond designed mtmy civic and residential landscapes throughout the 1950s, 1960s, and 1970s. Notable projects include the redesign of the Eugene Park Blocks, Lane County Courthouse, Eugene City Hall, and Edgewood Towmhouses. Lloyd Bond was elected as a Fellow of the American Society of Landscape Architects in 1974. The mfique and modem landscape installed at the Trude Kaufman Senior Center falls into the late modern period identified in the historic context statement titled: Eugene Modernism - 1935- 1965. Plant materials include horse chestnut, Douglas fir, big leaf maple, apple and plum trees, rhododendrons, English laurel, ferns, grapes, and wisteria. Hedges, shrubs and brick walks are used to separate spaces in the garden. A great expanse of lawn contrasts with the more formal plantings. Foundation plantings provide an amenable transition between house and garden. This is the first City of Eugene Historic Landmark Designation application that includes the work of Lloyd Bond, and is considered of exceptional importance for that reason. Kaufman Senior Center & Ammx Decembm 4, 2003 Page 6 EXHIBI'I' ~ Px ??,gE __ G OF q' Kaufman Senior Center Outbuildings A single car garage, dating to the 1920s, exists on the property and exhibits the traditional form and massing of a garage of this vintage. It contains the common addition to the north end that extended the space of the garage to accommodate the larger automobiles that were introduced in the 1930s and 1940s. It is covered in T-l-11 siding which was part of the 1963 modernization accomplished by Mrs. Kaufman. In the northwest comer of the property exists a small garden shed, not one full story in height. It has multi gabled roofs with exposed rafter tails. The shed is clad in horizontal board siding and period windows with a six panel solid door. The date of the structure is unknown, but it blends appropriately into the landscape. (d) Yields, or may be likely to yield, information important to prehistory or history. Staff has not identified physical evidence that allows the board to evalnate more completely the applicability of this criterion. (3) Itt addition to EC 9.9165(1) and (2) above, criteria for designation of a historic resource that was moved, is primarily commemorative in intent, or less than fifty years of age shall include the following considerations: (a) A historic resource moved from its original location or a place that has historic significance can be eligible if it has historic architectural significance or is the surviving property most importantly associated with a historic person or event. (b) A historic resource that is primarily commentorative itt intent can be eh'gible if design, age, tradition, or symbolic value has invested it with its own historic significance. (c) A historic resource achieving significance within the last fifty years can be eligible if it is of exceptional intportance. These criteria are not applicable to this application. //Gunnar Sehlieder, Vice Chair Kaufman Senior Center & Annex December 4, 2003 Page 7 A: __ PAGE 7 OF EXHIBIT B To Ordinance No. 20330 Legal Description Land County Assessor's Map 17-03-31-24, Tax Lot 9200 Kaufman Senior Center Beginning at a point on the North line of 10th Avenue West in Eugene, Lane County, Oregon, which is 66 feet North of the NE comer of Block 3 in the Amended Plat of James Huddleston Addition to Eugene, Oregon, run thence: West along the North line of said 10th Avenue West 198.9 feet, thence North 161.2 feet to the South line of alley if extended, thence East along the South line of alley, if extended to the West line of Jefferson Street, thence South along the West line of Jefferson Street 161.2 feet to the point of beginning in Eugene, Lane County, Oregon. Exhibit B Exhibit C Findings for CA 04-02 and Z-04-12 Establishment of the Special Area Zone Eugene Code Section 9.3020 requires that the following criteria (in bold and italic) be applied to the adoption of a new Special Area Zone. 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 ts 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 Kaufman House meets criterion (1)(b)(1) above: the area is characterized by buildings that merit preservation in order to protect their special features. The findings of the Historic Review Board in HD 03-02 demonstrate the significance of the structure and the value of its preservation. The Kaufman House was designed by John Hunzicker, a prominent local architect; the garden remodel was designed by Lloyd Bond, a prominent local landscape architect, and the owner and grantor of the property to the city, Trude Kaufman, was a prominent local business woman. (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 rehabditation of distinctive buildings or natural features of benefit to the community. The proposed uses and development standards for the Kaufman House set forth in the ordinance Exhibit C - 1 preserve the structure and gardens while facilitating appropriate use of the property. The characteristics of the structure, location, and use history influenced the proposed list of permitted uses and development standards. While the use list proposes to broaden the an'ay of allowable uses over what is currently allowed outfight in residential zones, the minimum density requirement has been eliminated to avoid infill that would not be compatible with the surrounding neighborhood. Development standards have been borrowed from the R-2 and C-1 zones for residential and nonresidential development, respectively. (3) Except for areas zoned S-H Historic Special Area zone, the area to be classified S Special Area includes at least ~ acre in area. The subject property is proposed to be zoned S-H Historic Special Area Zones, and is thus exempt from the ½ acre requirement described by this criterion. (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. Compliance with the zone change criteria is outlined below. Application of the Special Area Zone to the Site 9. 8865 Zone Change Approval Criteria. Approval of a zone change application, including the designation of an overlay zone, shall not be approved unless it meets all of the following criteria: (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. Metro Plan Diagram The Metro Plan diagram designates the property for Medium Density Residential/Mixed Uses. However, the Metro Plan recognizes that up to 32% of residentially designated areas typically accommodate nonresidential uses such as parks, schools, roads, churches, and neighborhood commercial services. The Kaufman Senior Center is an example of a nonresidential use appropriate within a residential area. The proposed Special Area Zone proposes residential and limited non-residential uses, including office, educational and cultural uses, and certain small scale commercial uses, in compliance with the Metro Plan diagram and Metro Plan policies as detailed below. Exhibit C - 2 Applicable Metro Plan Policies Policy A22: Expand opportumties for a mix of uses in newly developing areas and existing neighborhoods through local zoning and development regulations. The proposed SAZ language expands opportunities to utilize historic properties in ways not possible through conventional zoning. Policy A25: 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 shouM support planned densittes in these areas. The proposal stabilizes the neighborhood by assuring the preservation of an existing historic structure. The proposed SAZ language provides certainty to the neighborhood in terms of the future allowable uses on the Kaufman Senior Center property. The Special Area Zone provides incentives for revitalization and rehabilitation; historic properties are eligible for low interest loans fi.om the city and tax credits from the state and federal governments, and these programs are more likely to be utilized if nonresidential uses are allowed. The proposed language incorporates sensitivity to the surrounding neighborhood into the development standards and approval criteria for adjustment review. Policy I1: 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, conststent with overall policies. This SAZ application is a result of Eugene's Historic Preservation program. Properties listed on the city's Historic Landmark Inventory are eligible for Special Area Zones that protect their historic values while providing flexibility not available through a conventional zoning district. The Kaufman House is a unique property not well suited to residential zoning. If R-2 or R-3 zoning were retained on the property, future owners would be required to meet minimum densities if any change of use were to be proposed. This type of residential infill would compromise the gardens which have been associated with the house as a community asset for over 30 years. (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. Westside Neighborhood Plan Diagram The Westside Neighborhood Plan further refines the Metro Plan diagram by designating the Exhibit C - 3 Kaufman House for residential and mixed use. The description of the Eastern Residential/Mixed Use area includes the following text: "The portion of this area west of Washington Street is characterized by a mix of older single-family and duplex structures and newer large apartment buildings. There are also two social institutions and the Kaufman Senior Center" (page 3-7). The text goes on to describe the zoning history in the area. In general, the Planning Department, Hearings Official, and Planning Commission have approved rezone requests to mixed use only east of Washington Street. However, the text supports a rezone to Historic Special Area Zone for the Kaufman House, given its recognition in the Westside Neighborhood Plan as an existing non-residential use, its location within the Eastern Residential/Mixed Use Area, and the presence of the mixed uses symbol on the Metro Plan diagram. Applicable Westside Neighborhood Plan Policies Eastern Residential/Mixed Use Area Policy 1: This area shall continue to be recognized as appropriate for medium density residential development. Although there is currently a mixture of land uses in the area, any further rezonings that would promote the conversion of residential uses to nonresidential uses shall be discouraged. The Kaufman House is not currently and has not been for the past 30 years, in residential use. Therefore, adoption of the SAZ will not cause the conversion of a residential use to a nonresidential use. On the contrary, the SAZ will enable adaptive reuse of the Kaufman House structure, should senior services be discontinued, without meeting minimum density requirements contained in the R-2 and R-3 zones. The intent of the proposed SAZ is not to expand nonresidential uses where they currently do not exist, but rather to allow a limited range of nonresidential uses consistent with the intensity of use currently occurring at the Kaufman House. Neighborhood Character and Design Policy 1: Identify and encourage preservation of the significant cultural resources and unique features of the neighborhood including buildings, sites, structures, objects, street trees, and landscape features. The Kaufman House is a significant cultural resource and unique feature of the neighborhood. The proposed code language protects the building, site, and landscape features in direct support of this neighborhood character and design policy. (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. The Kaufman House exists and is currently served by all required urban facilities and services, including streets, water, sewer, stormwater facilities, electric and phone service, waste disposal Exhibit C - 4 service, land use controls, schools and parks. Future reuse of the property would be served by these existing services, in compliance with the above criterion. (4) The proposed zone change is consistent with the applicable siting requirements set out for the specific zone in: (a) EC 9.2150 Commercial Zone Siting Requirements. (b) EC 9.2430 Industrial Zone Siting Requirements. (c) EC 9.2510 Natural Resource Zone Siting Requirements. (d) EC 9.2610 Park, Recreation, and Open Space Siting Requirements. (e) EC 9.2681 Public Land Zone Siting Requirements. (f) EC 9.2 735 Residential Zone Siting Requirements. (g) EC 9.3105 S-CN Chase Node Special Area Zone Siting Requirements; (h) EC 9.3205 S-DWDowntown Westside Special Area Zone Siting Requirements. (i) EC 9.3305 S-E Elmira Road Special Area Zone Siting Requirements. O) EC 9. 3 705 S-RP Riverfront Park Special Area Zone Sittng Requirements. (k) EC 9. 3805 S-RN Royal Node Special Area Zone Siting Requirements; (l) EC 9. 3905 S- W Whiteaker Special Area Zone Siting Requirements. (m) EC 9.4715/WP Waterside Protection Overlay Zone Siting Requirements. (n) EC 9.4815/WB Wetland Buffer Overlay Zone Siting Requirements. EC 9.8865(4) does not include reference to siting requirements for the S-HK Special Area Zone because that zone is being created as part of this action. See below for discussion of amendment to EC 9.8865(4) to add a reference to the siting requirements for site specific historic special area zones. As the Applicant notes, the application of the S-HK Special Area Zone to the proposed site is consistent with the siting standards proposed to be adopted for the Special Area Zone. Code Amendment The only code amendment proposed is to add a subsection to EC 9.8865(4). That subsection will require that any future proposal to apply an uncodified S-H Historic Special Area Zone to a property will be evaluated to ensure that the proposed zone change is consistent with the siting requirements set out in the ordinance that adopted that special area zone. The application anticipated that the S-HK Historic Kaufman House Special Area Zone would be codified and therefore included substantial findings under EC 9.8065 that pertained to the adoption of the zone. Though unnecessary, those findings are accurate and are specifically incorporated herein by reference. 9. 8065 Code Amendment Approval Criteria. If the city council elects to act, it may, by ordinance, adopt an amendment to this land use code that: (1) Is consistent with applicable statewide planning goals as adopted by the Land Conservation and Development Commission. Exhibit C - 5 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 of Eugene land use code implements Statewide Planning Goal 1 by requiring that notice of the proposed amendments be given and public hearings be held prior to adoption. By complying with the submittal requirements contained in the Eugene Code, and given that public hearings will be held, the proposed amendment will comply with Goal 1. In addition to the basic requirements contained in the code, the applicant solicited input from the Jefferson-Westside Neighbors and the current user at the Kaufman House (EECA). Feedback received has been incorporated into the proposal. Given the voluntary citizen involvement conducted by the applicant and the formal requirements for submittal of materials, notification, and public hearings, the proposed amendment process clearly meets the intent and the letter of Statewide Planning Goal 1. Therefore, the amendments are consistent with Goal 1. Goal 2- Land Use Planning: To establish a land use planning process and policy framework as a basis for all decision and actions related to the use of land and to assure an adequate factual base for such decisions and actions. The City of Eugene implements Goal 2 by providing a land use policy framework in the Metro Plan and associated refinement plans; the policies contained therein are implemented through the Eugene Land Use Code which contains specific planning standards and criteria to govern the land use planning process. This code amendment follows the procedures specified in the Eugene Code. Therefore, the process complies with Goal 2. Further the requirement that a site- specific historic zone be applied only to an area that is consistent with that zone's siting requirements is consistent with Goal 2. Goal 3: Agricultural Lands - To preserve and maintain agricultural lands. The subject amendment does not directly impact any lands zoned for Agricultural use. Goal 4: Forest Lands - To conserve forest lands... The subject amendment does not directly impact any lands zoned for Forest use. Exhibit C - 6 Goal 5: Open Spaces, Natural Resources and Scenic Areas - To protect natural resource and conserve scenic and historic areas and open spaces. The requirement that a site-specific historic zone be applied only to an area that is consistent with that zone's siting requirements is consistent with Goal 5. The amendment facilitates the preservation and reuse of historic resources in compliance with 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. The requirement that a site-specific historic zone be applied only to an area that is consistent with that zone's siting requirements does not implicate Goal 6. Goal 7: Natural Hazards - To protect life and property from natural disasters and hazards. The requirement that a site-specific historic zone be applied only to an area that is consistent with that zone's siting requirements does not implicate 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. The requirement that a site-specific historic zone be applied only to an area that is consistent with that zone's siting requirements does not implicate Goal 8. Goal 9: Economy - To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. The requirement that a site-specific historic zone be applied only to an area that is consistent with that zone's siting requirements does not implicate Goal 9. Goal 10 - Housing: To Provide for the housing needs of the state. The requirement that a site-specific historic zone be applied only to an area that is consistent with that zone's siting requirements does not implicate Goal 10. Goal 11- Public Facilities: 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. Exhibit C - 7 The requirement that a site-specific historic zone be applied only to an area that is consistent with that zone's siting requirements does not implicate Goal 11. Goal 12- Transportation: To provide and encourage a safe, convenient and economic transportation system. The requirement that a site-specific historic zone be applied only to an area that is consistent with that zone's siting requirements does not implicate Goal 12. Goal 13: Energy Conservation -To conserve energy. The requirement that a site-specific historic zone be applied only to an area that is consistent with that zone's siting requirements does not implicate Goal 13. Goal 14: Urbanization - To provide for an orderly and efficient transition from rural to urban land uses. The requirement that a site-specific historic zone be applied only to an area that is consistent with that zone's siting requirements does not implicate 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 requirement that a site-specific historic zone be applied only to an area that is consistent with that zone's siting requirements does not implicate Goal 15. Goal 16: Estuarine Resources, Goal 17: Coastal Shorelands, Goal 18: Beaches and Dunes, and Goal 19: Ocean Resources. Goals 16 through 19 apply to Coastal Resources. The requirement that a site- specific historic zone be applied only to an area that is consistent with that zone's siting requirements does not implicate Goals 16-19. (2) Is consistent with applicable provisions of the Metro Plan and applicable adopted refinement plans. The requirement that a site-specific historic zone be applied only to an area that is consistent with that zone's siting requirements is consistent with the Metro Plan and applicable adopted refinement plans. (3) In the case of establishment of a special area zone, is consistent with EC 9.3020 Criteria for Establishment of an S Special Area Zone. Exhibit C - 8 The proposed code amendment does not establish a special area zone. The criteria at EC 9.3020 are addressed above. Exhibit C - 9