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HomeMy WebLinkAboutItem 4 - Ord./Johansen-MoodyEUGENE CITY COUNCIL AGENDA ITEM SUMMARY Public Hearing: An Ordinance Establishing the S-HJM Historic Johansen-Moody House Special Area Zone and Amending the Eugene Zoning Map Meeting Date: January 10, 2005 Agenda Item Number: 4 Department: Planning and Development Staff Contact: Kent Kullby www. cl. eugene, or. us Contact Telephone Number: 682-5453 ISSUE STATEMENT On January 10, 2005, the Eugene City Council will hold a public hearing on an ordinance for two land use actions affecting the Johansen-Moody House, a City of Eugene Historic Landmark. The ordinance contains two land use actions: 1. The establishment of an Historic Special Area Zone specific to the Johansen-Moody House, S-HJM. 2. A zone change applying this S-HJM Historic Johansen-Moody House Special Area Zone to the Johansen-Moody House City Landmark site, located at 370 River Road. BACKGROUND At the property owner's request, the City Council initiated the process to establish a site-specific S-HJM Historic Johansen-Moody House Special Area Zone at its September 13, 2004, meeting. At that time, a code amendment was also required to establish a reference in the Eugene Code criteria for zone changes to historic ordinances established by the City Council. However, the Eugene Code zone change criteria were recently amended to include a reference to historic zoning ordinances when the council approved the S-HK Historic Kaufman House Special Area Zone at their December 6, 2004, meeting. A code amendment is no longer necessary but is referred to in the Planning Commission public hearing minutes and packet materials. The property owners, Kathleen Hall and Peter Drongesen, obtained city landmark designation from the Historic Review Board on May 27, 2004, for their property located at 370 River Road. The property is currently zoned R-1 Low Density Residential. The property owners seek to change the zoning of their property with the creation of a Special Area Zone that would ensure the viability of the site by allowing a limited number of uses (like an antique store and tea house) and would require preservation of the historic character of the site through the historic alteration procedures of the Eugene Code. The property owners are represented by Terri Harding, AICP, Satre Associates. The Planning Commission held a public hearing and voted unanimously to recommend to the City Council approval of the ordinance to establish the site-specific historic special area zone to the Johansen-Moody House with one revision. The Planning Commission found that the uses and standards proposed in the S-HJM Historic Johansen-Moody Special Area Zone were well-suited to the site and to the neighborhood. The Planning Commission recommended a revision to the original ordinance so as to allow the existing parking lot and landscaping to be exempt from Eugene Code standards that would L:\CMO\2005 Council Agendas\M050110\S0501104.doc otherwise require paving and other improvements that would diminish the historic character of the site and would harm the existing 54" diameter fir tree located in the existing gravel parking area. This exemption is only allowed for specialty retail, and specialty food and beverage land uses. As noted in the ordinance, specialty food and beverage use of the property is limited to a maximum of only 850 square feet. The development of other land uses would require an adjustment review application if an exemption to the parking lot standards was requested by the property owner. The list of permitted land uses established in the S-HJM ordinance was derived from the C-1 Neighborhood Commercial zoning, but the S-HJM zoning would not allow the full range of C-1 zoning land uses on the property. Additional information, including the historic background of the property, is attached in exhibits to the ordinance and in the Planning Commission packet prepared for the November 16, 2004 public hearing. RELATED CITY POLICIES The proposed land use actions are supported by the following Council Goal: SUSTAINABLE COMMUNITY DEFELOPMENT A community that retains a high quafity of life anda healthy economy, effectively fink; landuse and transportation planning, and succes,fully manages growth and change in the urban environment. The proposed land use actions further the policy direction in the Historic Preservation Element of the Metro Plan with the goal of preserving significant reminders of the City's origins as links between past, present, and future generations. The land use actions would also be consistent with land use policies of the River Road - Santa Clara Urban Facilities Plan. Exhibit C of the attached ordinance includes related plan policies, Eugene Code criteria, and findings explaining how the proposed land use actions are consistent with City policies and criteria. COUNCIL OPTIONS No action is requested of the council as this is a public hearing only. Action by the council is scheduled for January 24, 2005. CITY MANAGER'S RECOMMENDATION Given the site-specific nature of the proposed zoning, the minimum requirements for quasi-judicial action must be followed for the public hearing. The City Council is scheduled to take final action on the ordinance and zone change at its January 24, 2005, meeting. The final action to approve, approve with modifications, or deny the proposed land use actions, will be based on applicable approval criteria. The applicable approval criteria and findings are contained in Exhibit C of the ordinance and are generally discussed in the Agenda Item Summary of the Planning Commission's November 16, 2004, public hearing packet. SUGGESTED MOTION No action is requested of the council. Action by the council is scheduled for January 24, 2005. L:\CMO\2005 Council Agendas\M050110\S0501104.doc ATTACHMENTS A. Draft Ordinance and Exhibits. B. Draft minutes from the public hearing held before the Planning Commission on November 16, 2004. C. Letter from Terri Harding, Satre Associates, received November 15, 2004. D. Staff Agenda Item Summary and attachments for the November 16, 2004, Planning Commission public hearing. **** PLEASE RETAINATTACHMENTS FOR JANUARY 24, 2005, ACTION. **** FOR MORE INFORMATION Staff Contact: Kent Kullby Telephone: (541) 682-5453 Staff E-Mail: kent.r.kullby~ci.eugene.or.us L:\CMO\2005 Council Agendas\M050110\S0501104.doc ATTACHMENT A ORDINANCE NO. AN ORDINANCE ESTABLISHING THE S-HJM HISTORIC JOHANSEN- MOODY HOUSE SPECIAL AREA ZONE, AND AMENDING THE EUGENE ZONING MAP. The City Council of the City of Eugene finds that: A. 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 Johansen-Moody House was designated as a City of Eugene Historic Landmark on May 27, 2004. B. A Historic Special Area Zone is desirable for the Johansen-Moody House to foster the continued preservation of the property by allowing appropriate uses beyond those permitted in the R-1 Low Density Residential and establishing appropriate development standards. C. 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-HJM Johansen-Moody House Special Area Zone is such a site-specific historic zone. NOW, THEREFORE, THE CITY OF El/GENE DOES ORDAIN AS FOLLOWS: Section 1. The S-HJM Historic Johansen-Moody House Special Area Zone is hereby established and shall be subject to the following: (a) Purpose of S-HJM Historic Johansen-Mood¥ House Special Area Zone. The S-HJM Special Area Zone is intended to afford the Johansen-Moody House Historic Landmark ("Johansen-Moody House") special treatment and protection so that the uses permitted and restrictions imposed will preserve and allow rehabilitation of the landmark's character-defining architectural features as an example of the Vernacular Gothic architectural style that is evident in the structure's vertical articulation and framing, double-hung window frame moldings, boxed eaves, decorative roof peak bracket, and front porch. Those character-defining features are described in detail in the attached Exhibit A, Final Order for Historic Landmark Designation by Eugene's Historic Review Board, May 27, 2004. (b) S-HJM Historic Johansen-Mood¥ House Special Area Zone Sitin~ Requirements. In addition to the approval criteria at EC 9.8865 Zone Change Approval Ordinance- 1 CSDocuments and Scttings\ceplkrk\Local Settings\Temporary Internet Files\OLKC\Johanscn-Moody Hist. Ordinance - Draft (00097049)21 .DOC Criteria, the S-HJM Historic Johansen-Moody House Special Area Zone applies only to the parcel of land located at 370 River Road, Eugene, Oregon, Assessor's Map 17-04-25-21, Tax Lot 7404, as shown on the attached Exhibit A. (c) S-HJM Historic Johansen-Moody House Special Area Zone Land Use and Permit Requirements. The following Table S-HJM Historic Johansen-Moody House Special Area Zone Uses and Permit Requirements, identifies uses in the S-HJM 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-HJM Historic Johansen-Moody House Special Area Zone Uses and Permit Requirements ~ S-HJM Accesso~ ~es ~ ~:: ~?~ Accessory Uses. Examples 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 site, such as an apartment, are allowed as an accessory use. Accessory Uses. Examples related to non-residential use include accessory services P that are related to specialty retail, food and beverage uses, such as storage, food preparation areas, and outdoor product display (screened from public view). EdQcati~n; C~it0r~ R~ A~ St Ga e~/Stud 0 P 0 ff i~ U~es ~i~!)~ ' Administrative, General, and Professional Office I P e 6 rs S e rvi c-es '~, Barber, Beauty, Nail, Tanning Shop P Day Care Facility ( not associated with a residence) P Shoe Repair P Tailor P ReSident! ,:~:: :::, Dwellings One-Family Dwelling (1 per lot) P Duplex (Two-Family Attached on Same Lot) P 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) P Day Care (3 to 12 people served) P Day Care (13 or more people served) ~ P C~et~i~lS~!c~~ :i :ii'~': !:;!:::?~ ,, ,, Specialty Food and Beverage, including Tea Rooms (850 sq. ft. maximum seating P capacity) Specialty Retail, includin9 Antiques P Bed and Breakfast Facility (EC 9.5100(2) shall apply) S Home Occupation (See EC 9.5350) S Ordinance - 2 C:~Documents and Settings\ceplkrk\Local Settings\Temporary Internet Files\OLKCLlohansen-Moody Hist. Ordinance - Draft (00097049)21 .DOC (d) S-HJM Historic Johansen-Mood¥ ]louse 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 secti, m shall apply to all development in the S- HJM zone. In cases of conflict, the standards specific ~lly set out in this ordinance shall apply. (1) Adjustment. An adjustment may be made to any of the standards referenced in subsections (3), (4), or (5) of his section in accordance with EC 9.8030 (15) (2) Historic Proper,ty Alteratio~ Approval. Any parking lot alterations, building alterations or additions, and all new construction shall comply with EC 9.8175 Historic Property Alteration Approval Criteria O) Residential Development Sl andards. All residential development allowed pursuant to subsection (d)(2) shall De governed by General Standards for all Development in EC 9.6000 through 9.6885 m d 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 and except that EC 9.6200 to 9.6255 and EC 9.6400 to 9.6440 do not apply. (4) Non-Residential Developme~tt Standards. Except as provided in subsection (d)(5), all non-residential develop~rtent allowed pursuant to subsection (d)(2) shall be governed by General Standards fo~' all Development in EC 9.6000 through 9.6110 and 9.6400 through 9.6885 and the development standards applied to the C-1 zone in EC 9.2170 and 9.2171. (5) Parking and Parking Lot L~[ndscaping. At all times, for any use, at least 7 parking spaces shall be required and a minimum of 20% of the parking area shall be maintained as landscape, consisting of ~ variety of trees, shrubs, and plants to complement the historic character of the landmark. Notwithstanding EC 9.6420(6), the existing gravel parking area with 7 parking s)aces may be used in its present condition for Specialty Retail and Specialty Food and B{iverage uses. Section 2. The Eugene Zoning Map is ameJtded to rezone the property located at 370 River Road, Eugene, Oregon, Assessor's Map 17-04-25-21, Tax Lot 7404 from its existing R-1 Low Density Residential zone to S-HJM Historic Joh nsen-Moody House Special Area Zone, as described on the attached Exhibit B. Ordinance - 3 C:~Documents and Settings\ceplkrk\Local Settings\Temporary h ernet Files\OLKCLlohansen-Moody Hist. Ordinance - Draft (00097049)21 .DOC Section 3. The findings attached as Exhibit C and incorporated herein by reference are adopted in support of this action. Passed by the City Council this Approved by the Mayor this ~ day of ,2005 ~ day of ,, 2005 City Recorder Mayor Ordinance - 4 CSDocuments and Settings\ceplkrk\Local Settings\Temporary Internet Files\OLKCXJohansen-Moody Hist. Ordinance - Draft (00097049)21 .DOC FINAL ORDER FOR HISTORIC LANDMARK DESIGNATION BY EUGENE'S HISTORIC REVIEW BOARD MAY 27, 2004 Public Hearing on Request for City Historic Landmark Designation Application Name: Johansen-Moody House Application Number: (HD 04-01) Submittal Date: April 1,2004 Public Hearing Date: May 27, 2004 Property: Tax Lot #7404 Assessor's Map # 17-04-25~21 Zoning: R- 1 Low Density Residential Location: The Johansen-Moody House faces east on River Road, the second tax lot south of Briarcliff Drive. Request: City of Eugene Historic Landmark Applicant: Kathleen Hall 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 April 1, 2004. 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 Terri Harding to discuss the application form and details of the application process. Subsequently, staff toured the property to evaluate the integrity of the resource and understand landscape issues. The Johansen-Moody House functions as a popular antique shop in the lower River Road area. This section of River Road has been · gradually moving towards office and commercial uses, mainly because of the high volume of traftSc on River Road. This is the third application for City of Eugene Historic Landmark status in this area. The applicant's representative has completed the requisite research, summarizing the applicable criteria in the submittal. The property is an excellent Eugene example of the Vernacular Gothic style of architecture, with many original details. NOTICE Owners and occupants within 500 feet of the subject property were mailed notice of the application and landmark designation heating on April 26, 2004. Referrals were for~varded to relevant City staff and the River Road/Santa Clara Neighborhood Group on April 6, 2004. Mark Whitmill with Building Permit Services provided building code comments on the proposed change of use .from residential to commercial. No comments were received as a result of the public notice. Public testimony at the hearing included Rob Handy, representing the River Road Johansen-Moody House (HD 04-01) May 27, 2004 Page 1 EXHIBIT_ A PAGE_ i ._OF Neighborhood Association, who testified in favor of the landmark designation. The owner, Kathleen Hall, and her representative Terri Harding, also testified in favor. 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) (a), (b) and (c). SCOPE OF EVALUATION This application for City of Eugene Historic Landmark designation was reviewed under the Eugene Code, Section 9. 8! 65 - Historic Landmark-Designation Approval Criteria. Th'~ evaluation includes criteria from Section 9.8165(1); (2) (a, b, c, d); (3) (a, b, c). 9.8165(1): Designation is consistent with applicable provisions of the Metro Plan and applicable refinement plans. The designation of the Johansen-Moody House is supported by the Metropolitan Area General Plan, which states: "Adopt and implement historic preservation policies, regulations, and incentive programs that encourage the inventory, preservation, and restoration of structures, landmarks, sites, and areas of cultural, historic, or archeological significance, consistent with overall policies. ' (Policy 1, page 111-1-2.) and, "Institute and support projects and programs that increase citizen and visitor awareness of the area's history and encourage citizen participation in and support of programs designed to recognize and memorialize the area's history." (Policy 2, page III4-2) The Johansen-Moody House is a remainder from River Road's agricultural past, when large family farms dominated the landscape. Niels Johansen arrived in the first wave of Danish migration by affiliation with Reverend P.L.C. Hansen, who acquired an option to buy 1,280 acres of farmland in the Danebo area. 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 lower River Road area. The owner plans to apply for H-Historic zoning to make the antique shop a legal conforming use into the future. Policy #4 in the River RoadTRailroad Boulevard Sub-area Recommendations of the River Johansen-Moody House (HD 04-01) May 27, 2004 Page 2 EXHIBIT ~ A PAGE c~. __OF_ ~, Road/Santa Clara Urban Facilities Plan, states: ~ 4. Maintain the existing land use patterns until completion of the Chambers Connector. The effects of the Chambers Connector and related road improventents on the immediate area should be examined upon completion of final design and right-of- way acquisition and arty appropriate changes adopted. The City of Eugene has been unable to address the above referenced recommendation, so the task is yet to be officially completed. We do know that a significant concentration of historic properties exist in the area, and the Johansen-Moody House is the third application for Historic Landmark that the board has considered. River Road is categorized as a "Major Arterial" in the City of Eugene Street Classification Map of November 1999. This classification means that the average daily traffic is over 20,000 vehicles per day. River Road continues to be subject to increased traffic usage making it problematic to reside on lower River Road because of the speed of the traffic, noise, and width of the road. Rezoning to H-Historic will allow the residential use to continue and will establish commercial and office uses that are deemed suitable to this unique historic structure. By designating the Johansen-Moody House as a City of Eugene Historic Landmark this historic property will be well documented through research and the photographic record. Designation along with continued maintenance will ensure the preservation of the Johansen-Moody House. The owner, Kathleen Hall, continues to amass a collection of information and oral history on the past related to River Road, which she is willing to make available to the City and public. (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 Johansen-Moody House 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, particularly 'because of more people moving to the Eugene area. The Johansen-Moody House is a representative example of the residential building boom of the Progressive Era, designed in the Vernacular Gothic style. 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. Population leveled out in the next decade with 10,593 people residing in the City by 1920. The Johansen-Moody House is particularly significant for association with Niels Johansen, who was one of the first ten Danish settlers to arrive with the Reverend P.L.C. Hansen to settle 1,280 acres of land that he purchased at $18 an acre. The group arrived from Iowa and Nebraska, Niels was from Iowa, primarily with the intent to establish farms suited for dairy production. Many of the farms were located in West Eugene, and the Danish community still bears a strong ethnic ~sociation with West Lawn Cemetery and the Bethesda Lutheran Church. The term "Danebo" translates as "Borough of Danes." Johansen-Moody }louse (HD 04-01) May 27, 2004 Page 3 EXHIBI]' A PAGE 3 OF ~ Niels Johansen was a charter member of the Bethesda Lutheran Church congregation. He became a trustee of the church upon establishment of the constitution and by-laws on December 30, 1900. The Eugene Register-Guard informs us that the farmers of Danebo organized the Eugene Farmers Creamery, and at about the same time set up a pasteurizing plant which later merged with the cremnery. Niels Johansen was also involved in establishing this creamery. Niels mud wife Kristine Anderson-Johansen built the house at 370 River Road in 1901 and resided there until 1922 when they sold the property to Laura Anderson-Moody, (Kristine's daughter) and her husband Arthur Moody. The Moody's owned the property until 1976. The original Johansen dairy and alfalfa farm consisted of 45 acres. When the Johansen family sold the property to the Moody family the land was diminished to seven acres in size. Niels and Kristine Johansen had purchased additional land at 330 River Road to build a house, where they lived out their days. They are buried at West Lawn Cemetery, as are Laura and Arthur Moody. The Johansen-Moody House meets this criterion for association with events significant ~o our past. (b) .Is associated with the lives of persons significant to our past. Niels Johansen is associated with the first wave of Danish immigrants to the Eugene area, as explained above. It appears that the Johansen family made a contribution as Danish settlers to the dairy operations of our area, including the establishment of the Eugene Farmers Creamery. Niels J0hansen is a significant person to Eugene's past so appears to meet this criterion for significance for association with the life of a person. (c) Embodies the distinctive characteristics o fa type, period, or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction. Map #81 of the 1925 Sanborn Insurance Company Maps illustrates the Johansen-Moody House prominently located on a large parcel of land on the west side of River Road. The house is illustrated in its current location and a small outbuilding is located to the west, with a large barn constructed west of the outbuilding. These buildings are obviously associated with the dairy farm of the Niels Johansen family. The outbuildings are no longer extant, and the parcel has been reduced to lot #7404, from its original 45 acres. The 1901 house is two full stories and is T-shape in plan, with one story porches filling the recesses on the west and east elevations. The roof consists of intersecting gables, with end gables forming full pediments because of the pent roofs that form the triangles. Only the east facing gable at the front of the house is ornamented with decorative stick work. A second gabled dormer is located on the east facing plane of the roof, pierced by a single casement window with diamond and triangle shaped panes. The original wood shingle roof has been replaced with composition shingles. Eaves are boxed and enclosed with a variety of moldings. Fascia and comer boards clearly define each elevation of the house. Windows are primarily one over one Johanscn-Moody House (HD 04-01) May 27, 2004 Page 4 double hung with wide board window m~d door surrounds. Siding is a double beveled shiplap, and the base of the building terminates in a wide water table with drip edge. The foundation is constructed of Eugene Formation Sandstone blocks, as verified by a local geologist. The siding is double beveled shiplap and appears to be an unusual siding type for the area. The east facing porch was modified early on to a wider width, and it emulates porch forms typical to the bungalow style of architecture with boxed rails and square porch columns. A diminutive gable pierces this porch roof, prominently announcing the main entrance. A second door exists to provide direct access into the parlor. An old clump of lilac exists on the west elevation of the house, along with an old rose species. One lone Douglas fir exists on the east boundary of the tax lot, and is a remnant from a much larger linear planting that grew prominently along River Road by 1925 or earlier. The west facing porch was reconfigured early on to accommodate the novel convenience of an indoor toilet, and running water for bathtub and sinks. A laundry room and storage room were also configured directly off. the kitchen, allowing for a secondary entrance/exit into the kitchen. A second bathroom was constructed upstairs by diminishing the size of one of the bedrooms. Considering the age of this house very few alterations have been made to accommodate modem trends. The Johansen-Moody House maintains a high level of integrity, and the relative scarcity of the Vernacular Gothic style of architecture in Eugene makes it all the more significant under this criterion. (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 evaluate more completely the applicability of this criterion. (3) In 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. The Johansen-Moody House is constructed in its original location, making this criterion not applicable. (b) A historic resource that is primarily commemorative in intent can be eligible if design, age, tradition, or symbolic value has invested it with its own historic significance. The designation of the Johansen-Moody [-louse as a City of Eugene Historic Landmark is not a Johansen-Moody I-louse (HD 04-01) May 27, 2004. EXHIBIT Pag~ PAGE ~ OF .__~__~ .... commemorative historic resource, making this criterion not applicable. (c) vt historic resource achieving significance within the last fifty years can be eligible if it is of excel~tional importance. The Johansen-Moody House was constructed in 1901, making it 103 years old in 2004, so this criterion is not applicable. Johansen-Moody ttouse (HD 04-01) May 27, 2004 Page 6 EXHIBIT B To Ordinance No. Legal Descriptio~a Land County Assessor's Map 17-0~-25-2, 1, Parcel 7404 Johansen/Moody H~nse Commencing at the Northwest comer of the East half o~ the Prior F. Blair Donation Land Claim No. 39 in Section 25, Township 17 South, Range 4 west of the Willamette Meridian in Lane County Oregon; thence South 0 degrees 31' West 216.40 feet to a 2-inch by 36-inch iron pipe which marks the initial point of the Plat of BRIARCLIFF PLACE, as platted and recorded in Book 51, Page 23, Lane County Oregon Plat Records; thence South 89 degrees 30' East along the South line of Briarcliff Drive 526.16 feet to a ½ inch iron rod; thence South 0 degrees 31' West 75.20 feet for the place of beginning; thence South 89 degrees 30' East 128.51 feet to the West line of County Road No. 200 (known as River Road); thence South 7 degrees 16' 25" East 66.61 feet; thence North 89 degrees 30' West 137.55 fedt to a point which bears South 0 degrees 31' West from the place of beginning; thence North 0 degrees 31' East 66.00 feet to the place of beginning, in Lane County, Oregon. Exhibit B Exhibit C Findings for Z-04-17 Johansen-Moody House Ordinance 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 o[ an S Special Area Zone. Before adopting an ordinance establishing a $ Special Area Zone, the city council shall find that the proposal is in compliance with following criteria: (1) The area to which the S Special Area Zone is being applied meets at least one of the following criteria: (a) Is identified in the Metro Plan or a refinement plan as appropriate for nodal development or for a special range of uses or development that can best be achieved with the use of a special area zone; or (b) Possesses distinctive buildings or natural features that require special consideration to ensure appropriate development, preservation, or rehabilitation. In order to be considered distinctive, it must be demonstrated that: 1. The area is characterized by buildings that merit preservation in order to protect their special features; or 2. The area contains natural features that have been identified by the city as worthy of special treatment or preservation. The Johansen-Moody 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 04-01 demonstrate the significance of the structure and the value of its preservation. The Johansen-Moody House was built in 1901 in the Vernacular Gothic style. It is associated with an early Danish settler, Niels Johansen, and his step daughter, Laura Moody. Preservation of the house contributes to the preservation of Eugene's history. (2) An analysis of the area demonstrates how the uses and development standards of the S Special Area zone ordinance will facilitate implementation of the planned use of the property or the preservation or rehabilitation of distinctive buildings or natural features of benefit to the community. The proposed uses and development standards for the Johansen-Moody House set forth in the ordinance. The purpose of the Special Area Zone is to preserve the structure and property while facilitating appropriate use of the site. The characteristics of the structure, location, and use history Exhibit C - 1 influenced the proposed list of permitted uses and development standards. While the use list proposes to broaden the array of allowable uses over what is currently allowed outright in residential zones, language contained in the River Road/Santa Clara Urban Facilities Plan supports the change. Development standards have been borrowed from the R-2 Medium Density Residential and C-1 Neighborhood Commercial 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 1/2 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 Low Density Residential 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 historic Johansen-Moody House is an example of an appropriate site for nonresidential use within a residential area. The proposed Special Area Zone includes a list of residential and limited non-residential uses, including office uses and certain small scale commercial uses, in compliance with the Metro Plan diagram and Metro Plan policies as detailed below. Applicable Metro Plan Policies Policy A22: Expand opportunities 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. Exhibit C - 2 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 should support planned densities 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 furore allowable uses on the Johansen-Moody House property. The Special Area Zone provides incentives for revitalization and rehabilitation; historic properties are eligible for low interest loans from 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, consistent 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 Johansen-Moody House is a unique property not well suited to residential zoning. In particular, the location of the house on lower River Road makes single family residential use undesirable due to the level of traffic and noise associated with the road. (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. River Road/Santa Clara Urban Facilities Plan Land Use Diagram. The River Road/Santa Clara Urban Facilities Plan further refines the Metro Plan diagram. It too designates the Johansen-Moody House for low density residential use. Text accompanying the diagram on page 2-22 states: "The diagram is used, along with accompanying policies and suggested actions, policies contained in the Urban Facilities Plan, descriptions and recommendations contained under each of the subareas, and applicable areawide goals and policies, to evaluate individual land use proposals. The land use diagram provides guidance for future development." Support for the proposed zone change is found in the recommendations specific to the River Road/Railroad Boulevard Subarea. Recommendation #4 on page 2-24 states: Exhibit C - 3 "Maintain existing land use patterns until completion of the Chambers Connector. The effects of the Chambers Connector and related road improvements on the immediate area should be examined upon completion of final design and right-of-way acquisition and any appropriate changes adopted." The Applicant asserts that the requested change is appropriate for the masons previously described in the application. These include the fact that the Johansen-Moody House is a city Historic Landmark and therefore merits special consideration for historic zoning; the fact that River Road is a designated major arterial road with traffic volumes of approximately 22,100 vehicles per day, limiting the property's practicality as a single family residence; and the fact that recent changes in the area include conversion of two other historic houses (the Elgaard House, 390 River Road, and the Potter House, 405 River Road) to small scale commercial uses. In addition, testimony from a River Road Community Organization representative at the Historic Review Board hearing indicated support for the requested zone change. Policies specific to the low density residential designation are included under applicable policies below. Applicable River Road/Santa Clara Urban Facilities Plan Policies Low density residential policies include the following: Policy 1.0: Recognize and maintain the predominantly low-density residential character of the area consistent with the Metropolitan Plan. The present application assures the preservation of the historic residential character of the property by requiring preservation of the historically significant features of the house. Special consideration is available for historic landmarks in residential areas through the creation of a Special Area Zone. For the reasons set forth throughout this application, the Applicant maintains that it is appropriate to rezone the subject property to Historic. The Historic zone is an appropriate implementing zone of the low-density residential refinement plan designation. Taken together with Metro Plan policy direction regarding non-residential uses in residential areas, this proposal is consistent with the above residential policy. The following recommendation, discussed under the River Road/Santa Clara Land Use Diagram heading above, is listed as an adopted policy in the land use code (EC 9.9610(4)(c)). "Maintain existing land use patterns until completion of the Chambers Connector. The effects of the Chambers Connector and related road improvements on the immediate area should be examined upon completion of final design and right-of-way acquisition and any appropriate changes adopted." To the extent that this recommendation is construed as policy, the proposed rezone is consistent with the direction contained therein, considering the site-specific information presented in this Exhibit C - 4 application. (3) The uses and density that will be allowed by the proposed zoning in the location of the proposed change can be served thr. ough the orderly extension of key urban facilities and services. The Johansen-Moody 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 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: (o) An uncodified ordinance establishing a site specific S-H Historic Special Area Zone, a copy of which is maintained at the city's planning and development department. The siting requirement for the S-HJM zone (to be adopted as part of this action) is as follows: "the $-HdM Historic dohansen-Moody House Special Area Zone applies only to the parcel of land located at 3 70 River Road, Eugene, Oregon, Assessor's Map 17-04-25-21, Tax Lot 7404, as shown on the attached Exhibit B." As shown by the legal description submitted by the applicant, the proposed rezone is consistent with this siting requirement. (5) In cases where the NR zone is applied based on EC 9. 2510(3), tl~e property owner shall enter into a contractual arrangement with the city to ensure the area is maintained as a natural resource area for a minimum of SO years. The NR zone does not apply and is not proposed to apply to the subject properties; therefore this criterion is not applicable. Exhibit C - 5 SUMMARY MINUTES Public Hearing Eugene Planning Commission Atrium Building-Sloat Room-99 West 10th Avenue November 16, 2004 6:00 p.m. PRESENT: John Lawless, President; Mitzi Colbath, Vice President; Rick Duncan, Randy Hledik, Anne Marie Levis, members; Tom Coyle, Executive Director, Planning and Develop- ment Department, Ex officio member; Gabe Flock, Kent Kullby, Susan Muir, Steve Nystrom, Planning and Development Department; Terri Harding, applicant. ABSENT: Jon Belcher, member. PUBLIC HEARING AND POSSIBLE ACTION ON CODE AMENDMENT/ZONE CHANGE Johansen-Mood¥ House (File Numbers CA 04-1, Z 04-17). The following proposed actions are being initiated by the City of Eugene/City Council. The proposed actions below are the subject of the public hearing before the Eugene Planning Commission. CA 04-1 Amend the Eugene Land Use Code to create a Special Area Zone, S-H Historic Zone for the Johansen-Moody House. Z 04-17 Amend the Eugene Zoning Map by rezoning the subject property from R-I, Low- Density Residential to S-H, Historic Johansen-Moody House Zone. The Subject Property The property affected by these proposed actions is one lot located at 370 River Road. Tax Lot 7404 - Assessor's Map 17-04-25-21. Ms. Colbath, moved, seconded by Ms. Levis, (1) to forward a recom- mendation to the City Council in support of the proposed land use ac- tions to establish a S-HJM Historic Johansen-Moody Special Area zone; to apply the zone to the Johansen-Moody House, 370 River Road; and to amend Eugene Code, Section 9.8865 to include a reference to the special area zone siting requirements for S-H Historic Special Area zones; (2) to direct staff to revise the draft ordinance adopting these land use actions with the following modification for City Council consideration: (a) To add an exemption to the Eugene Code Section 9.6420(6), Parking Sur- facing and Bumpers for only Specialty Retail, and Specialty Food and Beverage uses so as to allow the existing gravel parking area with seven parking spaces to be used in its present condition for such uses. The mo- tion carried unanimously, 5:0. SUMMARY MINUTES - Eugene Planning Commission November 16, 2004 Page 1 Public Hearing MINUTES Public Hearing Eugene Planning Commission Atrium Building-Sloat Room-99 West 10th Avenue November 16, 2004 6:00 p.m. PRESENT: John Lawless, President; Mitzi Colbath, Vice President; Rick Duncan, Randy Hledik, Anne Marie Levis, members; Tom Coyle, Executive Director, Planning and Develop- ment Department, Ex officio member; Gabe Flock, Kent Kullby, Susan Muir, Steve Nystrom, Planning and Development Department; Terri Harding, visitor. ABSENT: Jon Belcher, member. PUBLIC HEARING AND POSSIBLE ACTION ON CODE AMENDMENT/ZONE CHANGE Johansen-Moodv House (File Numbers CA 04-1, Z 04-17). The following proposed actions are being initiated by the City of Eugene/City Council. The proposed actions below arc the subject of the public hearing before the Eugene Planning Commission. CA 04-1 Amend the Eugene Land Use Code to create a Special Area Zone, S-H Historic Zone for the Johansen-Moody House. Z 04-17 Amend the Eugene Zoning Map by rezoning the subject property from R-l, Low- Density Residential to S-HJM, Historic Special Area Johansen-Moody House Zone. The Subiect Property Thc property affected by these proposed actions is one lot located at 370 River Road. Tax Lot 7404 -Assessor's Map 17-04-25-21. Mr. Lawless called the called the meeting to order and welcomed newly sworn in Planning Commis- sioner Randy Hledik. Mr. Lawless explained the purpose of the hearing which was a quasi-judicial hearing and asked commissioners to declare any conflicts of interest, ex parte contacts, and biases or challenges to impartiality. None were declared. Mr. Lawless asked if commissioners had visited the site. No commissioners had visited the site. Associate Planner Kent Kullby provided a brief' overview of the application that was the subject of the public hearing. Referring to the Agenda Item Summary, he said there were three actions under consideration at the public hearing: · The establishment of' an S-HJM Historic Special Area Zone ordinance specific to thc Johansen- Moody House. MINUTES - Eugene Planning Commission November 16, 2004 Page 1 Public Hearing · A zone change applying this S-HJM Historic Johansen-Moody House Special Area Zone to the 370 River Road site (City file Z 04-17). · A code amendment establishing a zone change criterion that references siting requirements in uncodified site-specific S-H Historic Special Area Zones (CA 04-1). Mr. Kullby noted that the City Council would consider the three decisions at a later date, based upon the Planning Commission's recommendation, criteria of approval and the quasi-judicial procedures. Mr. Kullby read into the record the applicable criteria for approval, refer to EC 9.8065 Code Amendment Approval Criteria, and EC 9.8865 Zone Change Approval Criteria, and EC 9.3020 Criteria for Estab- lishment of an S Special Area Zone. Ms. Levis arrived at 6:07 p.m. Mr. Kullby said that staff had received no additional written testimony in response to the public notice provided in accordance with Type IV application procedures subsequent to the November 15, 2004 Planning Commission meeting. Mr. Kullby stated that a letter from Terri Harding, Satre Associates, the applicant's representative, had been distributed at the November 15, 2004 Planning Commission meeting. He said Ms. Harding had requested that the draft ordinance be modified to add an exemption to the paving standards of the Eugene Code to apply only in the case of "Specialty Retail" and "Specialty Food and Beverage". Mr. Kullby said staff supported the request, given the 850 square foot maximum for "Specialty Food and Beverage" according to the existing ordinance. He added that any parking lot alterations would be subject to a historic alteration application. Mr. Kullby added that the gravel lot was more historically appropriate for the site than a paved parking area, as assessed by Ken Guzowski, the City's historic preservation planner. Mr. Kullby noted there was a site plan on page 44 of the application that illustrated the existence of a ~ff,~5 .f. oo~Douglas Fir that would suffer root damage if the parking lot was paved. He noted that this particular landscape feature had been called out in the city landmark designation. Addressing the public, Mr. Lawless said that testimony, arguments and evidence presented must be directed towards the approval criteria or other criteria in the plan that the speaker believed should apply to the decision. He added that failure to raise an issue with sufficient specificity to allow the Planning Commission and parties to respond would preclude appeal on that issue. Terri Harding, Satre Associates, 132 East Broadway, Suite 536, stated that she represented the owner of the subject property. Ms. Harding stated that 850 square feet of "Specialty Food and Beverage" was an appropriate use for the site. She added that the gravel parking lot had sufficient room for vehicles to turn around. Mr. Lawless closed the public hearing. Mr. Lawless asked for staff response to the testimony. There was none. Mr. Lawless asked for rebuttal testimony. There was none. MINUTES -Eugene Planning Commission November 16, 2004 Page 2 Public Hearing Mr. Lawless asked for questions from the Planning Commission. There were none. Mr. Lawless closed the record. Ms. Colbath, moved, seconded by Ms. Levis, (1) to forward a recom- mendation to the City Council in support of the proposed land use ac- tions to establish a S-HJM Historic Johansen-Moody Special Area zone; to apply the zone to the Johansen-Moody House, 370 River Road; and to amend Eugene Code, Section 9.8865 to include a reference to the special area zone siting requirements for S-H Historic Special Area zones; (2) to direct staff to revise the draft ordinance adopting these land use actions with the following modification for City Council consideration: (a) To add an exemption to the Eugene Code Section 9.6420(6), Parking Sur- facing and Bumpers for only Specialty Retail, and Specialty Food and Beverage uses so as to allow the existing gravel parking area with seven parking spaces to be used in its present condition for such uses. The mo- tion carried unanimously, 5:0. Mr. Lawless adjourned the meeting at 6:15 p.m. (Recorded by Linda Henry) m: ~2004 [planning and development departmentlplanning division Iplanning commission Ipc041116ph. doc MINUTES - Eugene Planning Commission November 16, 2004 Page 3 Public Hearing ATTACHMENT C RECEIVED November 15, 2004 Eugene Planning Commission [q0~/ 1 § 2004 c/o Kent Kullby City of Eugene Planning Division CITY OF EUGENE SATPd~ 99 West 10th Avenue PLANNING DEPARTMENT <; , Eugene, OR 97401 ASSOCIATES Re: Johansen-Moody House - Special Area Zone Comments Dear Planning Commissioners: This letter serves as testimony from the Applicant (Kathleen Hall) related to the staff report on the Johansen-Moody House Special Area Zone. The staff report recommends some changes to the ordinance proposed by the Applicant. Some of these changes are acceptable to the Applicant, but others we feel are unnecessary. Below, I have outlined the Applicant's suggested revisions and provided some explanation and background information. The Applicant owns and operates Amelia's Antiques on the subject property. The historic Character of the house is integral to the operation of the business. The Applicant would like to expend her business to hold high teas in two of the rooms in the house. To do this, and to bring the property into conformance with zoning regulations, she has hired Satre Associates to 1)designate the property as a City of Eugene Historic Landmark, and 2) create a Hi storic Special Area Zone (SAZ) that allows uses appropriate to the site context, and rezone the property .to that Special Area Zone. Following adoption of the Special Area Zone by the City Council, Ms. Hall will file for a change of occupancy building permit to complete the city permitting process. The Applicant discussed the proposal with city staff at a Limited Consultation meeting in March 2004. City staff was very helpful in determining the preferred regulatory route to permitting the proposed uses. The application before you Satre Associates, P.C. represents only the second to utilize the Special Area Zone procedures for a historic 132 East Broadway Suite 536 property under LUCU (Kaufman Senior Center being the first). Therefore, there are Eugene, Oregon 97401 still some kinks being worked out in terms of exactly what the ordinances should Phone 541.465.4721 contain. Fax 541.465.4722 1.800.662.7094 www. satrepc.com The Applicant has heard support, and received assistance, for her existing and proposed uses and physical characteristics from planning (permit review and historic review), land use, and building staff. She is not aware of any concems on the part of neighboring land owners. The neighborhood organization is supportive of the project. We believe it is appropriate to write the ordinance in such a way that the uses and physical characteristics that have garnered support are expressly allowed outright by the ordinance. Specifically, the staff report indicates support for allowing the parking area surfacing to remain gravel for the proposed uses. However, staff's recommended Planners, Landscape Architects and Environmental Specialists dohansen-Moody House Page 2 Special Area Zone Response to Staff Report ordinance would require an Adjustment to allow the gravel lot. The Applicant asks, since staff has indicated support for the gravel lot, that you pass the ordinance on to the City Council containing a provision for a gravel parking area for "Specialty Retail" and "Specialty Food and Beverage" uses. This would avoid the need for an additional planning process that seems unnecessary. One final thought - there is some uncertainty as to what would trigger Historic Alteration Review. We understand that only proposed modifications to the exterior of the building would trigger such review, and that a change of occupancy permit would not. The Applicant would appreciate clarification from staff during the public hearing. Thank you for your consideration. We look forward to implementing this Special Area Zone for the Johansen-Moody House. Sincerely, Terri Harding, AICP cc: Kathleen Hall ATTACHMENT D AGENDA ITEM SUMMARY November 16, 2004 TO: Eugene Planning Commission FROM: Kent Kullby, Planning Division SUBJECT: Public hearing regarding a City-initiated proposal to establish a site-specific S-HJM Historic Special Area Zone and to apply it to the Johansen-Moody house at 370 River Road. ACTION REQUESTED: Conduct a public hearing and forward a recommendation to the Eugene City Council. BRIEFING STATEMENT: On November 16, 2004, the Planning Commission will hold a public hearing for three land use actions affecting the Johansen-Moody House, a City of Eugene Historic Landmark. These land use actions include: The establishment of an S-HJM Historic Special Area Zone ordinance specific to the Johansen-Moody House. · A zone change applying this S-HJM Historic Johansen-Moody House Special Area Zone to the 375 River Road site (City file Z 04-17). A code amendment establishing a zone change criterion that references siting requirements in uncodified site-specific S-H Historic Special Area Zones (CA 04-1). BACKGROUND: On September 13, 2004 the City Council initiated the process to establish a Special Area Zone for the historic city landmark property, the Johansen-Moody house located at 370 River Road. The initiation was requested by the property owner's representative, Terri Harding, Satre Associates. City Council initiation of the code amendment process does not indicate support for the amendments. The property owners, Kathleen Hall and Peter Drongesen, obtained city landmark designation from the Historic Review Board on May 27, 2004 for their property located at 370 River Road. The property is currently zoned R-1 Low Density Residential. The property owners seek to change the zoning with the creation of a Special Area Zone for the property that would ensure the viability of the site by allowing a limited number of uses (like an antique store and tea house) and would ensure on-going preservation of the historic character of the site through the historic alteration procedures of the Eugene Code. The property owners have submitted a concurrent zone change application to implement the Special Area Zone once it is established by ordinance. The house was built in 1901 in a vernacular-gothic architectural style. Attached are details of the architectural integrity and significance of the house are specified in the Final Order For Historic Landmark Designation by the Historic Review Board and in the property owner's application for landmark designation. The house is associated with Neils Johansen who was one of the first wave of Danish farm settlers in the River Road and Danebo areas of Eugene. Along with other Danes, Neils Johansen was a founding member of the Bethesda Lutheran Church (1900) and the Eugene Farmers Creamery (1914). Originally, the house was sited on a farm (45 acres) that was 1 1 divided into smaller lots many years ago. In 1922, Mr. Johansen sold the house to his step- daughter and husband, Laura and Arthur Moody who lived out their days in the house until Ms. Moody's death in 1976. Kathleen Hall and Peter Drongesen have owned the house since 2000. The house fronts the west side of River Road, just south of Briarcliff Avenue and north of Holeman Avenue. Two other City Landmarks are located nearby. The Elgard House (390 River Road) is being used as an office, and the Potter House (405 River Road) is being used as a bed & breakfast facility. PROCEDURAL REQUIREMENTS & PLANNING COMMISSION REVIEW ROLE: The Eugene Code (EC) requires that the establishment of a Special Area Zone and the concurrent code amendment and zone change applications be processed according to the Type V provisions designed for legislative actions. Given the site-specific nature of the proposed zone, the minimum requirements for quasi-judicial action at ORS 197.763 must also be met. As such, the proposed actions will be processed in accordance with both the Type V Application Procedures designed for quasi-judicial actions beginning at EC 9.7500 and the Type IV procedures beginning at EC 9.7400. The Eugene City Council initiated the process for establishment of an S-HJM zone and code amendment at their September 13th meeting, in accordance with Type V application procedures. Planning staff provided public hearing notice and has otherwise processed the proposed land use actions consistent with Type IV and Type V application requirements. To date, Planning staff has responded to telephone inquires in response to the public notice, but has not received written comments. The Planning Commission is scheduled to conduct a public hearing according to the quasi-judicial procedures of State law and those set out in EC 9.7065 to 9.7095. Within 30 days of the close of the public record, the Planning Commission shall recommend to the City Council approval, approval with modifications, or denial of the applications based on applicable approval criteria. The Planning Commission is asked to deliberate and forward their recommendation immediately following the public hearing on November 16, 2004. The City Council public hearing is tentatively scheduled for January 24, 2005, with final action scheduled for February 14, 2005. SUMMARY OF PROPOSED LAND USE ACTIONS: S-HJM Historic Johansen-Mood¥ House Special Area Zone Establishment: The proposed Special Area Zone is tailored to the unique circumstances of the Johansen-Moody House and its setting. A draft ordinance establishing the zone is provided in Attachment A-1. As required, the proposed Johansen-Moody House Special Area Zone details the purpose of the zone, siting requirements, land use and permit requirements, development standards, lot standards, and adjustment review criteria. The ordinance utilizes existing code section references to specify development standards or adjustment criteria. Future use of the Johansen-Moody House will be subject to the provisions set out in the S-HJM Zone, the specified land use code sections referenced in the zone, and will be subject to all building code requirements. The practical effect of such requirements is that future use of the Johansen-Moody House site will be expanded beyond the existing R-1 zoning but limited in intensity subject to the required Historic Alteration application procedures, EC 9.8175. With an expanded set of permitted uses, the purpose of the establishment of this zone is to ensure a viable use of the structure while retaining its historic character as stated in EC 9.3000 Purpose of Creating Special Area Zones: 2 2 The S Special Area zone provides procedures and criteria for recognition of areas of the city that possess distinctive buildings or natural features that have significance for the community and require special consideration or implementation of conservation and development measures that can not be achieved through application of the standard base zones. In some cases, an S Special Area Zone is applied to implement a plan for an area identified for nodal development. Application of S Special zone to a lot containing a specific building, structure, object, site or archeological resource that qualifies as an historic landmark will ensure that permitted uses encourage preservation of historic qualities. The uses listed in the S-HJM Zone have been proposed by the property owners and their planning consultant with consideration to viable uses that would be compatible with the historic house and which could be accommodated on the site, with consideration to the neighborhood setting. For instance, the ordinance refers to C-1 Neighborhood Commercial development standards, but limits the list of permitted uses to a much smaller range of uses than is allowed in C-1. A specified range of C-1 Neighborhood Commercial uses would be allowed with the understanding that historic property alteration review requirements would significantly constrain the ability to alter the structure for additional development. The applicant proposes that the in lieu of compliance with standards relating to the parking lot landscaping, paving and number of parking spaces, exceptions to these standards be provided for in the ordinance for the existing and proposed use of the site as a combination of specialty retail, and specialty food and beverage uses. The draft ordinance would require at least 7 parking spaces for all uses, and as proposed by the applicant, would allow an exception to the parking lot landscaping standards to simply require that 20 percent of the parking area in front ofthehouse be landscaped. The ordinance does not include additional proposals by the applicant to establish an exception to the maximum number of parking spaces required nor the parking lot paving requirements. Instead, the ordinance defers to the adjustment review and historic alteration application procedures for granting such exceptions. Staff is supportive of the existing and proposed use of the property with a gravel parking lot for 7 vehicle spaces. The zoning ordinance should not allow for such an exception in every instance and should allow for such adjustments to be reviewed on a case by case basis. Staff notes that the house is oriented to River Road, and the area across the street is designated as a Nodal Development Area in the Metro-Plan and in the River Road - Santa Clara Urban Facilities Plan. Properties across the street and within city limits are zoned with the/ND Nodal Development overlay as shown on the attached zoning map. The Eugene Code provides that before adopting an ordinance establishing an S Special Area Zone, the City Council shall find that the proposal is in compliance with following criteria from EC 9.3020: (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 3 3 (b) Possesses distinctive buildings or natural features that require special consideration to ensure appropriate development, preservation, or rehabilitation. In order to be considered distinctive, it must be demonstrated that: 1. The area is characterized by buildings that merit preservation in order to protect their special features; or 2. The area contains natural features that have been identified by the city as worthy of special treatment or preservation. (2) An analysis of the area demonstrates how the uses and development standards of the S Special Area zone ordinance will facilitate implementation of the planned use of the property or the preservation or rehabilitation of distinctive buildings or natural features of benefit to the community. (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. (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. The applicant's submittal addresses compliance with each of the above criteria. Planning staff concurs with the applicant's findings and conclusions and will incorporate those findings along with any Planning Commission findings and recommendations in Exhibit B of the draft ordinance. Planning staff would note that the subject application proposes to codify the provisions of the proposed S-HJM zone and, accordingly, includes and evaluation of the zone for compliance with the code amendment criteria at EC 9.8065. Although Planning staff concurs with the applicant's analysis, the criteria are not applicable to establishment of the zone by ordinance. The City's practice pertaining to the adoption of site-specific regulations for historic properties has been to keep such regulations out of the City's code. The updated land use code provides that site-specific S-H Historic Special Area Zones may be established by ordinance and need not be codified as is proposed in the property owner's application materials. The draft ordinance is provided in Attachment A-1 and it would establish the proposed zone without codification which is consistent with past practice. The provisions of the proposed S-HJM Zone have been further refined and clarified in the draft ordinance based on questions and suggestions from Land Use Management staff, Historic Preservation staff, and the City Attorney's Office. Planning staff recommends that the Planning Commission forward a recommendation to the City Council in support of the draft ordinance in its current form, allowing for any further refinements that may be necessary to be considered by the City Council. Code Amendment: The Planning Commission recently reviewed this type of request when the S- HK Historic Kaufman House Special Area Zone was considered on October 24, 2004. Since the code amendment has not been established by the City Council at this time, this code amendment is repeated in this application. Even though the code amendment may already be in place by the time this application is considered by the City Council, there is the possibility that it may not be in place if the S-HK application is not approved by the Council. 4 4 The proposed code amendment will establish a zone change criterion that references the siting requirements in uncodified site-specific S-H Historic Special Area Zones. This code amendment will ensure that site-specific S-H Historic Special Area Zones are applied only to the designated site. This means that only the Johansen-Moody House would qualify for the site-specific S-HJM Historic Johansen-Moody House Special Area Zone. The zone change approval criteria at EC 9.8865 provide that a proposed zone change shall be consistent with applicable siting requirements, with reference to the code sections corresponding with the siting requirements in each zone set forth in the land use code. However, the zone change approval criteria make no reference to the siting requirements for uncodified site-specific S-H Historic Special Area Zones. The proposed code amendment will amend Eugene Code section 9.8865 to include this reference. Specifically, the following addition to EC 9.8865(4) is proposed in the draft ordinance within Attachment A-1: (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. The Eugene Code provides that if the City Council elects to act, it may, by ordinance, adopt an amendment to this land use code that complies with the following criteria from EC 9.8065: (1) Is consistent with applicable statewide planning goals as adopted by the Land Conservation and Development Commission. (2) Is consistent with applicable provisions of 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. Planning staff conclude that the proposed code amendment complies with the applicable approval criteria, finding that neither the Statewide Planning Goals nor applicable adopted plans include provisions that are directly applicable to the proposed code amendment. Moreover EC 9.8065(3) is not applicable. However, the applicant's written statement includes an evaluation of the proposed S-HJM Zone for consistency with the code amendment approval criteria. Because the provisions of the proposed S-HJM Zone will not be codified, these findings of compliance with the code amendment criteria are not required. Staff findings and conclusions for the proposed code amendment will be incorporated in Exhibit B of the draft ordinance. Zone Change: The proposed zone change would apply the proposed S-HJM Historic Johansen-Moody House Special Area zone to the City Landmark property at 370 River Road. Approval of a zone change application shall not be approved unless it meets all of the following criteria from EC 9.8865: (1) The proposed change is consistent with applicable provisions of the Metro Plan. The written text of the Metro Plan shall take precedence over the Metro Plan diagram where apparent conflicts or inconsistencies exist. 5 5 (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. (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. (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. (/) EC 9. 2735 Residential Zone Siting Requirements. (g) EC 9. 3105 S-CN Chase Node Special Area Zone Siting Requirements: (h) EC 9. 3205 S-DW Downtown 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 Siting Requirements. (lc) EC 9.3805 S-RN RoYal Node Special Area Zone Siting Requirements. (l) EC 9.4205/EC East Campus Overlay Zone Siting Requirements. (m) EC 9. 3905 S-W Whiteaker Special Area Zone Siting Requirements. (n) EC 9. 4715/WP Waterside Protection Overlay Zone Siting Requirements. (o) EC 9. 4815/WB Wetland Buffer Overlay Zone Siting Requirements. (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. (5~ In cases where the NR zone is applied based on EC 9. 2510(3), the property owner shall enter into a contractual arrangement with the city to ensure the area is maintained as a natural resource area for a minimum of SO years. The applicant's submittal addresses compliance with each of the above criteria. Planning staff concurs with the applicant's findings and conclusions and will incorporate those findings in Exhibit B of the draft ordinance. STAFF RECOMMENDATION: Planning staff recommends that the Planning Commission forward a recommendation to the City Council in support of the proposed land use actions. ITEMS UNDER SEPARATE COVER: A. Ci_ty Planning Staff Materials A-1. Draft ordinance implementing the proposed land use actions entitled, "AN ORDINANCE ESTABLISHING THE S-HJM HISTORIC JOHANSEN- MOODY HOUSE SPECIAL AREA ZONE; AND AMENDING THE EUGENE ZONING MAP." (Exhibits not included) A-2. Historic Alteration Review Criteria A-3. Zoning Map 6 6 B Property Owner's Application Materials B-1. Special Area Zone Application: Johansen-Moody House, 370 River Road, prepared by Satre Associates. B-2 Final Order Johansen-Moody House Historic Landmark Designation and Historic Landmark Designation Application. FOR MORE INFORMATION OR TO SUBMIT TESTIMONY Kent Kullby AICP, Associate Planner Eugene Planning Division RE: S-HJM Historic Johansen-Moody House Special Area Zone (CA 04-1 and Z 04-17) 99 West 10th Avenue Eugene, OR 97401 Phone: (541) 682-5453 FAX: (541) 682-5572 E-Mail: kent.r.kullby@ci.eugene.or.us ATTACHMENT A CITY PLANNING STAFF MATERIALS: DRAFT ORDINANCE HISTORIC ALTERATION REVIEW CRITERIA ZONING MAP ORDINANCE NO. AN ORDINANCE ESTABLISHING THE S-HJM HISTORIC JOHANSEN- MOODY HOUSE SPECIAL AREA ZONE, AND AMENDING THE EUGENE ZONING MAP. The City Council of the City of Eugene finds that: A. 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 Johansen-Moody House was designated as a City of Eugene Historic Landmark on May 27, 2004. B.~ A Historic Special Area Zone is desirable for the Johansen-Moody House to foster the continued preservation of the property by allowing appropriate uses beyond those permitted in the R-1 Low Density Residential and establishing appropriate development standards. C. 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-HJM Johansen-Moody 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-HJM Historic Johansen-Moody House Special Area Zone is hereby established and shall be subject to the following: (a) Purpose of S-HJM Historic Johansen-Moody House Special Area Zone. The S-HJM Special Area Zone is intended to afford the Johansen-Moody House HistOric Landmark ("Johansen-Moody House") special treatment and protection so that the uses permitted and restrictions imposed will preserve and allow rehabilitation of the landmark's character-defining architectural features as an example of the Vernacular Gothic architectural style that is evident in the structure's vertical articulation and framing, double-hung window frame moldings, boxed eaves, decorative roof peak bracket, and front porch. (b) S-HJM Historic Johansen-Mood¥ House Special Area Zone Siting Requirements. In addition to the approval criteria at EC 9.8865 Zone Change Approval Criteria, thc S-HJM Historic Johansen-Moody House Special Area Zone applies only to the parcel of land located at 370 River Road, Eugene, Oregon, Assessor's Map 17-04-25-21, Tax Lot 7404, as shown on the attached Exhibit A. Ordinance- 1 C:~Documents and Settings\ceplkrk\Local Settings\Temporary Internet Files\OLKC~Johansen-Moody Hist. Ordinance - Draft (00097049).DOC 9 (c) S-HJM Historic Johansen-Moody House Special Area Zone Land Use and Permit Requirements. The following Table S-HJM Historic Johansen-Moody House Special Area Zone Uses and Permit Requirements, identifies uses in the S-HJM 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-HJM Historic Johansen-Moody House Special Area Zone Uses and Permit Requirements S-HJM Accessory Uses. Examples 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 site, such as an apartment, are allowed as an accessory use. Accessory Uses. Examples related to non-residential use include accessory services P that are related to specialty retail, food and beverage uses, such as storage, food pre aration areas, and outdoor roduct display screened from ublic view. Artist Galle /Studio p Administrative, General, and Professional Office P Barber, Beauty, Nail, Tanning Shop P Day Care Facility ( not associated with a residence) P Shoe Repair p Tailor p Dwellings One-Family Dwelling (1 per lot) P Duplex (Two-Family Attached on Same Lot) P 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) P Day Care (3 to 12 people served) P P Specialty Food and Beverage, including Tea Rooms (850 sq. ft. maximum seating P capacity) Specialty Retail, including Antiques P Bed and Breakfast Facility (EC 9.5100(2) shall apply) S Home Occupation (See EC 9.5350) S (d) S-HJM Historic Johansen-Moody 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- HJM zone. In cases of conflict, the standards specifically set out in this ordinance shall apply. Ordinance - 2 C:X~Documents and Settings\ceplkrk~Local Settings\Temporary Intemet Files\OLKCXJohansen-Moody Hist. Ordinance - Draft (00097049).DOC 10 (1) Adjustment. An adjustment may be made to any of the standards referenced in subsections (3), (4), or (5) of this section in accordance with EC 9.8030 (15) (2) Historic Property Alteration Approval. Any parking lot 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 alt 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, except that EC 9.6200 to 9.6255 and EC 9.6400 to 9.6440 do not apply. (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. (5) Parking and Parking Lot Landscaping. At all times, for any use, at least 7 parking spaces shall be required. A minimum of 20% of the parking area shall be maintained as landscape, consisting of a variety of trees, shrubs, and plants to complement the historic character of the landmark. Any other use on the site must comply with the parking requirements of EC 9.6410. Section 2. The Eugene Zoning Map is amended to rezone the property located at 370 River Road, Eugene, Oregon, Assessor's Map 17-04-25-21, Tax Lot 7404 from its existing R-1 Low Density Residential zone to S-HJM Historic Johansen-Moody House Special Area Zone, as shown on the attached Exhibit A. Section 3. The findings attached as Exhibit B and incorporated herein by reference are adopted in support of this action. Passed by the City Council this Approved by the Mayor this ~ daY of ., 2004 ~ day of ,2004 City Recorder' Mayor Ordinance - 3 CSDocuments and Settings\ceplkrk\Local Settings\Temporary Internet Files\OLKCXJohansen-Moody Hist. Ordinance - Draf~ (00097049).DOC 11 ~ Planning & Development Planning City of Eugene 99 West 10th Avenue Eugene, Oregon 97401 HISTORIC ALTERATION APPROVAL (541) 682-5377 CRITERIA (541) 682-5572 FAX www.ci.eugene.or.us 9.8175 Historic Property Alteration Approval Criteria. The planning director shall approve, approve with conditions or deny an application for historic property alteration. Approval or conditional approval shall be granted if all of the following criteria for historic rehabilitation or historic restoration work are met: (1) The historic significance of the property is retained and preserved by minimizing the removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize the historic property. (2) The historic property remains recognizable as a physical record of its time, place, and use. The alteration will not create a false sense of historical development by adding conjectural features or elements from other historic properties or time periods. (3) Changes to the property that have acquired historic significance in their own right are retained and preserved to the extent possible. (4) Distinctive materials, features, finishes, construction techniques, or examples of skilled craftsmanship that characterize the property are retained to the extent possible. (5) Deteriorated historic features are repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature matches the old in design, color, texture, and where possible, materials. Whenever possible replacement of missing features, including identified historic landscape features, is substantiated by historic, pictorial, or physical evidence rather than on conjectural designs. (6) New additions, exterior alterations, or related new construction do not unnecessarily destroy historic materials, features, and spatial relationships that characterize the property. The new work is differentiated from the old and is compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment. If a historic property alteration is removed in the future, the essential form and integrity of the historic property and its environment will be unimpaired to the extent possible. (7) If applicable, the proposed alteration is consistent with development standards or design guidelines adopted by the historic review board. (8) Every reasonable effort is made to protect known archeological resources affected by and adjacent to any alteration project. If such resources must be disturbed, mitigation measures shall be undertaken. (9) The proposed alteration complies with all applicable standards or adjustments thereto made pursuant to provisions beginning at EC 9.8015 of this land use code. (Section 9.8175, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02.) 12 Page 1 of 1 CROCKER LN ................ . ......... I.n., idei Ciity iLi ~ iiiii/NDiii :::::::/ND:::: BRIARCLIFF DR .......... ::::::::O~tside:~ /:Limits:: imits!!iiiiiii ............................... i;ii~NDiiiii ::::::::::::::::::: i!iiiiiiiiiiiiiii!iiiiiiiiilnc!!deiOi~ :Limits ............... i iiiiiiiiiiiiiOUtSide .. FIR LN HOLEMAN AVE (~ Johansen-Moody House (Z 04-17 & CA 04-1) Assessor's Map: 17-04-25-21; Tax Lot: 7404 Zoning Overlay Zoning ~ C-1 Neighborhood Commercial /ND Nodal Development | C-2 Community Commercial /SR Site Review ~ R-1 Low Density Residential Please note that all properties shown on ~ R-2 Medium Density Residential this map outside of the city limits have ~ S-H Special Area Historic /UL overlay zoning. ~ -~ Subject Site (City Landmark) --- City Limits /~ ~ Other City Landmarks 11/8/04 13 ATTACHMENT B PROPERTY OWNER'S APPLICATION MATERIALS: SPECIAL AREA ZONE APPLICATION JOHANSEN-MOODY HOUSE, 370 RIVER ROAD, SATRE ASSOCIATES FINAL ORDER FOR HISTORIC LANDMARK DESIGNATION HISTORIC LANDMARK DESIGNATION APPLICATION 14 SPECIAL AREA ZONE APPLICATION Johansen-Moody House, 370 River Road Assessor's Map 17-04-25-21, TL 7404 Kathleen Hall PO Box 1733 Eugene, OR 97440 APPLICATION RECEIVED DEEMED COMPLETE  I September 17, 2004 SEP 17 2004 SEP ]7 2004 CITY OF EUGE?.JF. CITY OF EUGENE 15 PLANNING Df\/iS!,")N PLANNING DEPARTMENT September 17, 2004 lCity of Eugene Planning Division 99 West 10th Avenue SAT~ Eugene, OR 97401 Re: Johansen-Moody House - Special Area Zone Application Dear Planning Staff: On behalf of Kathleen Hall and Peter Drongesen, I am pleased to submit this complete application,-to create a Historic Special Area Zone for the Johansen-Moody House. The enclOsed materials include: - Item: # of Pages Zone Change Application Form 2 Written Explanation 16 I. Background II. Land Use Request Ili. Existing Conditions IV. Property Information V. Supportive Facts and Findings VI. Conclusion Attachments A. Vicinity Map 1 B. Tax Lot Map 1 C. Property Deed 2 D. Legal Description 1 E. Proposed Special Area Zone Language 4 F. Future Site Plan 1 G. HD 04-01 Findings - Johansen-Moody House 6 Satre Associates, P.C. We look forward to hearing from you. Kathleen Hall (688-3900) and I are both 132 East Broaaway available to answer any questions you may have. Suite 536 Eugene, Oregon 97401 Sincerely, Phone 541.465.4721 Fax 541.465.4722 ~ ar~ 1.800.662.7094 www. satrepc.com Terri L. H cc: Kathleen Hall 16 Planners, Landxcape Architect,v and Environmental Specialixtx ~ Planning & Development Planning City of Eugene 99 West 10th Avenue Eugene, Oregon 97401 (54,1) 682-5377 ZONE CHANGE APPLICATION (541) 682-5572 FAX Please complete the following application checklist. Note that additional information may be required upon further review in order to adequately address the applicable criteria for approval. If you have any questions about filling out this application, please contact Planning staff at the Permit and Information Center, phone (541) 682-537?, 99 West l0th Avenue,~.Eugene. List all Assessor's Map and Tax Lot numbers of the property included in the request. Plea;e indicate if only a portion of a lot is included in the request and include any additional map and taX:Iht numbers for subject property. Also, include existing and proposed overlay zoning. Assessor's Map Tax Lot Existing Zonin~ Proposed Zoaing t7-04-25-2 t 7404 R-1 HHistoric Street Address (if available): 370 River Road Existing Use(s) of the Property: Antique Store Proposed Use(s) of the Property: Antique Store and Tea Room Acres: .20 Is this zone chan~e being reviewed concurrently with another land use application? ~l Yes, a~Plication file number: CA 04- [--]No Filing Fee [] A filing fee must accompany all applications. The fee varies depending upon the type of application and is adjusted periodically by the City Manager. Check with Planning staff at the Permit and Information Center to determine the required fee or check website www.ci.eugene or. us/PDD/Planning/PERMITS.htm Written Statement Provide 3 copies upon initial ,s'ubmittal. Following completeness review, submit 7 copies. A written statement demonstrating how the requested change satisfies the criteria in the Eugene Code, Section 9.8865. A list of the criteria is available at the Eugene Permit and Information Center, 99 West 10th Avenue. ?[ease note: it is the applicant's responsibility to provide adequate in/brmation demonstrating how the proposal satisfies the applicable criteria. Faihtre to provide such intbrmation may result m at denial of your application. [Zone Change/\pplication Form Last P, evised: December 31,2003 Page I of'2 17 .Map Information Provide 3 copies ~tpon initial submittal. Following completeness review, submit 7 copies. A map indicating the property involved in the request and showing adjacent streets, alleys, etc. A vicinity map showing the general area of the request and indicating the specific property involved in the request. Legal Description A legal description for each existing lot involved in the requested change. This description must be typed and suitable for recording. By signing, the undersigned certifies that he/she has read and understands the submittal requirements outlined herein, and that he/she und.orstands that omission of any listed item may cause delay.in processing this application. I (We) the undersigned acknowledge that the information supplied in this application is complete and accurate to the best of my (our) knowledge. PROPERTY OWNER Name (print): Kathleen Hall Phone: 688-3900 Address: PO Box 1733 City/State/Zip: Eugene, OR 97440 S ~gnature~_'z_-K_~ APPLICANT'S REPRESENTATIVE Name (print): Terri Harding, AICP Company/Organization: Satre Associates, P.C. Address: 132 East Broadway, Suite 536 City/State/Zip: Eugene, OR 97401 Phone: 465-4721 Fax: 465-4722 E-mail (if applicable): tharding~satrepc.com Signature: NOTE: This is not a complete list of requirements. Affdi-ffonal intbrmation may be required after further review, in order to adequately address the required criteria of approval. 18 IZone Change Application Form Last Revised: Deccmber 3t, 2003 Page 2 ot'2 _ SATRE ASSOCIATES, P.C. Planners, Landscape Architects & Environmental Specialists 132 East Broadway, Suite 536, Eugene, Oregon 97401 (541)465-4721 · Fax (541)465-4722 · 1-800-662-7094 AS$OCIAT~ September 17, 2004 CITY OF EUGENE JOHANSEN-MOODY HOUSE CODE AMENDMENT - CREATION OF SPECIAL AREA ZONE ZONE CHANGE TO H - HISTOmC Owner/Applicant: Kathleen Hall and Peter Drongesen PO Box 1733 Eugene, OR 97440 (541) 688-3900 · Fax (541) 688-3900 Applicant's Representative: Satre Associates, P.C. 132 East Broadway, Suite 536 Eugene, Oregon 97401 Contact: Terri Harding, AICP, Planning Manager (541) 465-4721 · Fax (541) 465-4722 · E-mail: tharding~satrepc.com I. Background Kathleen Hall and Peter Drongesen are the owners of the house located at 370 River Road, home of Amelia's Antiques. The house dates to 1901 and is built in the Vernacular Gothic style, with original doors, windows, floors, and fixtures. Substantial research done by Ms. Hall, including oral histories with descendants of the home's original owners, reveals a rich history associated with the River Road/Danebo area's Danish immigrants. In early 2004, Ms. Hall sought to preserve and recognize the home's historic value by nominating it to the City of Eugene's Historic Landmark Inventory. Approval of the historic designation was granted by Eugene's Historic Review Board on May 27, 2004 (HD 04-01). 19 City of Eugene - dohansen-Moody House Page 2 Code Amendment/Zone Change: Creation of Historic Special Area Zone .Satre Associates, P.C September 17, 2004 The house is named the Johansen-Moody House after the original owner, Neils Johansen, and his step daughter, Laura Anderson Moody, who lived in it from its construction in 1901 until her death in 1976. This Special Area Zone application contains a description of'site characteristics (Section II), a description of the requested land use action (Section III), property and application information (Section IV), and proposed findings of compliance with applicable approval criteria (Section V). The goal of the application is to create a special zoning district for the site that will enable ongoing preservation of the building and property, along with use as an antique store and tea room. II. Site Conditions A. Tax Lot The tax lot involved is Lane County Assessor's Map 17-04-25-21, Tax Lot 7404. A tax lot map is enclosed as Attachment B. A deed and legal description of the property are included as Attachments C and D, respectively. B. Site Context The house sits on the west side of River Road, roughly two blocks north of the Chambers Connector, south of Briarcliff Avenue. The property is part of the River Road neighborhood, which is characterized by a mix of commercial uses along arterial roads and residential uses along local and collector roads. River Road is a major arterial that has been widened several times over the years. The original homesteads date to the early 1900' s. Historically, the area was farmed, primarily for alfalfa. The Johansen-Moody house was built in 1901 and sits on a .20 acre lot. It is setback from the current roadway approximately 75 feet. The context has changed such that the immediate surroundings are now characterized by a mix of historic homes, newer homes, and urban commercial uses. This property is part of a cluster of three homes that have been recognized in the immediate vicinity for their significance in the development of the lower River Road area along with the Elgaard House at 390 River Road and the Potter house at 405 River Road. The Bmner House and Country Manor on Fir Lane are also located nearby. III. Land Use Request The Land Use Code allows creation of Special Area Zones (SAZ's) to protect historic structures, stating "Application of the S Special zone to a lot containing a specific building, structure, object, site, or archeological resource that qualifies as an historic landmark will ensure that permitted uses encourage preservation of historic qualities" (9.3000, page 9-121). The Special Area Zone proposed recognizes the particular circumstances of the Johansen-Moody House. Draft code language is attached to this application as Attachment E. 20 City of Eugene - dohansen-Moody House Page Code Amendment/Zone Change: Creation of Historic Specia! Area Zone Satre Associates, P.C. September ] 7, 2004 Historic Johansen-Moody House Special Area Zone (S-HJM) The proposed Johansen-Moody House Special Area Zone contains the following sections: purpose, siting requirements, land use and permit requirements, development standards, and adjustment review criteria. It describes the historic status of the property and the process required for alteration review. Allowed uses include residential, office, certain low impact commercial uses such as professional offices and specialty retail, and accessory uses (see Attachment E). Uses listed are intended to reflect those that would be considered compatible with the surrounding neighborhood, and that would comply with policy direction found in the Metro Plan and River Road/Santa Clara Urban Facilities Plan. In particular, the River Road plan contains the following language related to the area within which the subject property is located: River Road/Railroad Boulevard Sub-area Recommendations (Page 2-24) 4. Maintain the existing land use patterns until completion of the Chambers Connector. The effects of the Chambers connector and related road improvements on the immediate area should be examined upon completion of final design and right of way acquisition and any appropriate changes adopted. The increase mount of traffic on River Road has changed the rural residential character of the area. A more appropriate use for the site is small scale commercial, such as the uses proposed in this application. Support for these types of uses was expressed by a neighborhood organization representative during the Historic Review Board hearing. IV. Property, Information City Limits: Inside Eugene City Limits Urban Growth Boundary: Inside UGB Local Government: City of Eugene Utilities: Storm Sewer: City of Eugene Sanitary Sewer: Metro Wastewater Management Commission Water: Eugene Water and Electric Board Electricity: Eugene Water and Electric Board Natural Gas: Northwest Natural Schools: Eugene School District 4J Parks and Recreation: Eugene Parks and Recreation Department Metro Plan Designation: Low Density Residential Refinement Plan Designation: Low Density Residential Zoning: R- 1 Zoning of Properties within 100 feet of the site: Direction Use Zone North Single-family residential R- 1 21 City of Eugene - dohansen-Moody House Page Code Amendment/Zone Change: Creation of Historic Special Area Zone Satre Associates, P.C. September 17, 2004 East Single-family residential, office R-1, H South Group Home R- 1 West Single-family residential R-1 Map and Tax Lot Number: 17-04-25-21, Tax Lot 7404. Vicinity Map: Found on the Site Plan. Existing Use: Amelia's Antiques Site Plan: Attachment F. V. Approval Criteria/Supporting Facts and Findings Applicable approval criteria are outlined in italics below, followed by proposed findings of fact in normal text. Type V Application Procedures 9. 7510 City Initiation of Applications. The city council may initiate a Type V application on its own behalf, or in response to a person's written request filed with the planning director that the city council initiate a land use code or refinement plan amendment. In a letter to the Planning Division, the Applicant requested that the Eugene City Council initiate the present code amendment, in compliance with this code standard. On September 13, 2004, the City Council initiated the application. No special considerations were noted during the initiation. Special Area Zone Criteria 9.3020 Criteria for Establishment olean S Special Area Zone. Before adopting an ordinance establishing an S Special Area Zone, the city council shall find that the proposal is in compliance with following criteria: (1) The area to which the S Special Area Zone is being applied meets at least one of the following criteria: (a) Is identified in the Metro Plan or a refinement plan as appropriate for nodal development or for a special range of uses or development that can best be achieved with the use of a special area zone; or (b) Possesses distinctive buildings or natural features that require special consideration to ensure appropriate development, preservation, or rehabilitation. In order to be considered distinctive, it must be demonstrated that: 1. The area is characterized by buildings that merit preservation in order to protect their special features; or 22 City of Eugene - dohansen-Mooa)/ douse Page 5 Code Amendment/Zone Change: Creation of Historic Special Area Zone Satre Associates, P.C. September 17, 2004 2. The area contains natural features that have been identified by the city as worthy of special treatment or preservation.' The Johansen-Moody 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 04-01 demonstrate the significance of the structure and the value of its preservation. The Johansen-Moody House was built in 1901 in the Vernacular Gothic style. It is associated with an early Danish settler, Niels Johansen, and his step daughter, Laura Moody. Preservation of the house contributes to the preservation of Eugene's history. The findings of the Historic Review Board are attached to this application as Attachment G. (2) An analysis of the area demonstrates how the uses and development standards of the S Special Area zone ordinance will facilitate implementation of the planned use of the property or the preservation or rehabilitation of distinctive buildings or natural features of benefit to the community. The proposed uses and development standards for the Johansen-Moody House are set forth in Attachment E. The purpose of the Special Area Zone is to preserve the structure and property while facilitating appropriate use of the site. The characteristics of the structure, location, and use history influenced the proposed list of permitted uses and development standards. In addition, language was created with ordinances adopted for other historic properties in mind. While the use list proposes to broaden the array of allowable uses over what is currently allowed outright in residential zones, language contained in the River Road/Santa Clara Urban Facilities Plan supports the change. Development standards have been borrowed from the R-2 and C-1 zones for residential and nonresidential development, respectively. It is the Applicant's intent to preserve the property because of the benefits such preservation affords to the community, while allowing the structure to be put to an appropriate commercial use. (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. 23 City of Eugene - dohansen-Moody House Code Amendment/Zone Change: Creation of Historic Special Area Zone Page 6 Satre Associates, P. C September 17, 2004 9.3030 Required Provisions of a Special Area Zone Ordinance. Each S Special Area zone is established by an ordinance that contains the folloWing sections: (1) Purpose describing the intent of the S Special Area zone. (2) Land Use and Permit Requirements setting forth the uses to be permitted outright, permitted based on approval of a land use application, or permitted subject to special standards. (3) Development Standards containing development standards governing factors that are necessary to achieve the purpose of the S Special Area zone such as required off-street parking, landscaping, setbacks, and building height limitations. (4) Lot Standards containing lot area and dimension standards applicable in the particular S Special Area zone. (5) Siting Requirements in addition to those at EC 9. 8865 Zone Change Approval Criteria. Each of the required ordinance sections is included in the attached proposed Special Area Zone language (Attachment E). Zone Change Criteria 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 Low Density Residential 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 historic Johansen-Moody House is an example of an appropriate site for nonresidential use within a residential area. The proposed Special Area Zone includes a list of residential and limited non-residential uses, including office uses and certain small scale commercial uses, in compliance with the Metro Plan diagram and Metro Plan policies as detailed below. Applicable Metro Plan Policies Policy A22: Expand opportunities 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. 2/, CiO; of Eugene - dohansen-MooCly House Page 7 Code Amendment/Zone Change: Creation of Historic Special Area Zone Satre Associates, P.C. September 17, 2004 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 densities 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 Johansen-Moody House property. The Special Area Zone provides incentives for revitalization and rehabilitation; historic properties are eligible for low interest loans from 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, consistent 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 Johansen-Moody House is a unique property not well suited to residential zoning. In particular, the location of the house on lower River Road makes single family residential use undesirable due to the level of traffic and noise associated with the road. (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. River Road/Santa Clara Urban Facilities Plan Land Use Diagram The River Road/Santa Clara Urban Facilities Plan further refines the Metro Plan diagram. It too designates the Johansen-Moody House for low density residential use. Text accompanying the diagram on page 2-22 states: "The diagram is used, along with accompanying policies and suggested actions, policies contained in the Urban Facilities Plan, descriptions and recommendations contained under each of the subareas, and applicable 25 City of Eugene - dohansen-Moody House Page 8 Code Amendment/Zone Change: Creation of Historic Special Area Zone Satre Associates, P.C September 17, 2004 areawide goals and policies, to evaluate individual land use proposals. The land use diagram provides guidance for future development." Support for the proposed zone change is found in the recommendations specific to the River Road/Railroad Boulevard Subarea. Recommendation #4 on page 2-24 states: "Maintain existing land use patterns until completion of the Chambers Connector. The effects of the Chambers Connector and related road improvements on the immediate area should be examined upon completion of final design and right-of-way acquisition and any appropriate changes adopted." The Applicant asserts that the requested change is appropriate for the reasons previously described in this application. These include the fact that the Johansen-Moody House is a city Historic Landmark and therefore merits special consideration for historic zoning; the fact that River Road is a designated major arterial road with traffic volumes of approximately 22,100 vehicles per day, limiting the property's practicality as a single family residence; and the fact that recent changes in the area include conversion of two other historic houses (the Elgaard and Potter houses) to small scale commercial uses. In addition, testimony from a River Road Community Organization representative at the Historic Review Board hearing indicated support for the requested zone change. Policies specific to the iow density residential designation are included under applicable policies below. Applicable River Road/Santa Clara Urban Facilities Plan Policies Low density residential policies include the following. Policy l. O: Recognize and maintain the predominantly low-density residential character of the area consistent with the Metropolitan Plan. The present applidation assures the preservation of the historic residential character of the property by requiring preservation of the historically significant features of the house. Special consideration is available for historic landmarks in residential areas through the creation of a Special Area Zone. For the reasons set forth throughout this application, the Applicant maintains that it is appropriate to rezone the subject property to Historic. The Historic zone is an appropriate implementing zone of the low-density residential refinement plan designation. Taken together with Metro Plan policy direction regarding non-residential uses in residential areas, this proposal is consistent with the above residential policy. The following recommendation, discussed under the River Road/Santa Clara Land Use Diagram heading above, is listed as an adopted policy in the land use code (EC 9.9610(4)(c)). 26 City of Eugene - Johansen-Moody House Page 9 Code Amendment/Zone Change: Creation of Historic Special Area Zone Satre Associates, P.C. September 17, 2004 "Maintain existing land use patterns until completion of the Chambers Connector. The effects of the Chambers Connector and related road improvements on the immediate area should be examined upon completion of final design and right-of-way acquisition and any appropriate changes adopted." To the extent that this recommendation is construed as policy, the proposed rezone is consistent with the direction contained therein, considering the site- specific information presented in this application. (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 Johansen-Moody 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 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: The Applicant notes that this application complies with the siting standards proposed to be adopted for the Special Area Zone (see Attachment E). (5) In cases where the NR zone is applied based on EC 9. 2510(3), the property owner shall enter into a contractual arrangement with the city to ensure the area is maintained as a natural resource area for a minimum of 50 years. The NR zone does not apply and is not proposed to apply to the subject properties; therefore, this criterion is not applicable. Code Amendment Criteria 9.8065 Code Amendtnent 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. 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, 27 City of Eugene - Johansen-Mooay House Code Amendment/Zone Change: Creation of Historic Special Area Zone Page 10 Satre Associates, P.C. September 17, 2004 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 received feedback on the proposal input from a representative of the River Road Community Organization, Rob Handy, during the Historic Review Board hearing. Mr. Handy expressed support for the historic application and for future small scale commercial uses on the site that would contribute to the character of lower River Road. Given the feedback received 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 consigtent 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 proposed creation of a Historic Special Area Zone follows the procedures specified in the Eugene Code. Therefore, the process complies 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. Nevertheless, the proposed amendment complies with Statewide Planning Goal 3 by providing for efficient use of land inside the Eugene Urban Growth Boundary thereby reducing the need..to expand the UGB and potentially impact agricultural lands. Goal 4: Forest Lands - To conserve forest lands by maintaining the forest land base and to protect the state's forest economy by making possible economically efficient forest practices that assure the continuous growing and harvesting of forest tree species as the leading use on forest land consistent with sound management of soil, air, water, and fish and wildlife resources and to provide for recreational opportunities and agriculture. The subject amendment does not directly impact any lands zoned for Forest use. Nevertheless, the proposed amendment complies with Statewide Planning Goal 4 by providing for the efficient use of land inside the,Eugene Urban Growth Boundary thereby reducing the need to expand the UGB and potentially impact forest lands. 28 City of Eugene - dohansen-Moocty House Page 11 Code Amendment/Zone Change: Creation of Historic Special Area Zone Satre Associates, P.C. September 17, 2004 Goal 5: Open Spaces, Natural Resources and Scenic Areas - To protect natural resource and conserve scenic and historic areas and OPen spaces. There are no known natural resources, open spaces, or scenic areas requiring protection within the area proposed for inclusion in the SAZ. With regard to historic resources, the property is on the City of Eugene Historic Landmark Inventory and this application takes advantage of the eligibility to be governed by a special zoning district in recognition of the site's historic status. The present application facilitates the preservation and reuse of historic resources in compliance with Goal 5. With regard to carrying capacity of land, air, and water resources, the proposed amendment will provide for efficient use of land inside the Eugene Urban Growth Boundary, and will utilize existing facilities and services. The amendment thereby reduces pressure for development on the urban fringe and reduces the potential need to expand the UGB and impact surrounding land, air, and water resources. The proposed amendment will not impact the ability of the city to meet the carrying capacity of the land, air, and water resources within its jurisdiction. Based on these findings, the proposed amendment is consistent with the guidelines contained in 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 proposed amendment relates to the provision of special zoning regulations for a historic resource and will not alter existing policy related to air, water, or land resource quality. Nevertheless, the proposed amendment complies with Statewide Planning Goal 6 by providing for efficient use of resources inside the Eugene city limits. These findings demonstrate that the proposed amendment will comply with Statewide Planning Goal 6. Goal 7: Natural Hazards - To protect life and property from natural disasters and hazards. As above, the proposed code amendment does not alter plan policies currently in effect regarding Natural Hazards. Mechanisms currently in place to protect life and property will not be impacted by the proposed amendment. Therefore, Statewide Planning Goal 7 does not apply. 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 primarily relates to the provision of recreational facilities in non-urban areas of the state. At present, there are no policies related to the provision of recreational facilities within the boundaries of the proposed SAZ. Furthermore, nothing inherent in the proposed amendment will impact the provision of recreation facilities within the City or 29 City of Eugene - Johansen-Moody House Page 12 Code Amendment/Zone Change: Creation of Historic Special Area Zone Satre Associates, P.C. September 17, 2004 State. The property is not identified as necessary in any adopted recreation plan. Therefore, the proposed amendments comply with 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 proposed amendment will not directly impact the need for or supply of commercial or industrial lands within the City of Eugene. That said, allowing for the reuse of the structure will encourage continued investment in the lower River Road neighborhood. Based on these findings, the proposed amendment complies with Goal 9. Goal 10 -Housing: To Provide for the housing needs of the state. Goal 10 requires that communities plan for and maintain an inventory of buildable residential land for needed housing units. The Metropolitan Area General Plan - Residential Land and Housing Element implements Goal 10 by providing background data and analysis, findings, and policies related to the provision of residential lands inside the Eugene/Springfield urban growth boundaries. In 1999, the Residential Land Use and Housing Element of the Eugene Springfield Metropolitan Area General Plan was updated in accordance with the periodic review requirements contained in ORS 197.296. The 1999 update concluded that there is an adequate supply of buildable residential land within the existing urban growth boundary to meet the future housing needs of the projected population.~ The present amendment does not propose redesignation of lands currently designated residential on the Metro Plan diagram. Because the land included within the proposed SAZ is currently developed with a residential structure and is only .20 acres in size, it is not considered "buildable land" currently available for residential development2. The applicant notes that the parcel was not identified as buildable in the 1999 Residential Lands Site Inventory. Conversion of this small residential parcel to Historic Special Area Zone, with potential for residential and small scale commercial uses, will not have a significant impact on the city's buildable residential land supply. Therefore, the proposed amendment meets the requirements of Goal 10. Goal I1- 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. Goal 11 is implemented through the Eugene-Springfield Public Facilities Plan, a functional component of the Metro Plan. The Johansen-Moody house is currently served ~ Metro Plan RLUHE Finding 4, Page III-A-2. 2 Buildable Residential Land: Land in urban and urbanizable areas that is mitable, available, and necessary for residential uses. Buildable land includes both vacant land and developed land likely to be redeveloped. (Metro Plan Chapter III-A, Part II) 30 City of Eugene - Johansen-MoodY House Page 13 Code Amendment/Zone Change: Creation of Historic Special Area Zone Satre Associates, P.C. September 17, 2004 by public services, facilities and utilities. The proposed amendment will not impact the delivery of services to the land within the amendment boundary or lands surrounding the same. Based on these findings, the proposed amendment complies with Goal 11. Goal 12- Transportation: To provide and encourage a safe, convenient and economic transportation system. The project site is served by River Road, a Major Arterial. Access to the house is provided by a driveway leading to on site parking as shown on the site plan. The site is adequately served by transportation infrastructure. Future development that generates 100 trips or more per peak hour will require a Traffic Impact Analysis in compliance with EC 9.8650. Transportation Planning Rule (TPR) OAR 660-012-0060 states that land use changes that significantly affect a transportation facility shall require mitigation measures to address the anticipated impact. Specifically, the OAR states: (1) Amendments to functional plans, acknowledged comprehensive plans, and land use regulations which significantly affect a transportation facility shall assure that allowed land uses are consistent with the identified function, capacity, and performance standards (e.g. level of service, volume to capacity ratio, etc.) of th'e facility. This shall be accomplished by either: (a) Limiting allowed land uses to be consistent with the plannedfunction, capacity, and performance standards of the transportation facility; (b) Amending the TSP to provide transportation facilities adequate to support the proposed land uses consistent with the requirements of this division; (c) Altering land use designations, densities, or design requirements to reduce demand for automobile travel and meet travel needs through other modes; or (d) Amending the TSP to modify the planned function, capacity and performance standards, as needed, to accept greater motor vehicle congestion to promote mixed use, pedestrian friendly development where multimodal travel choices are provided (2) A plan or land use regulation amendment significantly affects a transportation facility if it: (a) Changes the functional classification of an existing or planned transportation facility; (b) Changes standards implementing a functional classifification system; (c) Allows types or levels of land uses which would result in levels of travel or access which are inconsistent with the functional classification of a transportation facility; or (d) Would reduce the performance standards of the facility below the minimum acceptable level identified in the TSP. The proposed code amendment does not change the functional classification of any transportation facility or standards implementing a functional classification system; thus subsections 2(a) and (b) do not apply. With regard to subsection 2(c), the proposed amendment will not allow types of travel or access to area streets that are inconsistent with their functional classification. River Road is classified as a major arterial. Although direct access onto a major arterial is not the preferred means of access, it is allowable 31 City of Eugene- Johansen-Moody House Page 14 Code Amendment/Zone Change: Creation of Historic Special Area Zone Satre Associates, P.C. September 17, 2004 if no alternatives exist. In this case, the only access to the property is via River Road. The site plan accommodates on-site turning movements so that cars do not use the right-of-way to back up. River Road has a center turn lane in the vicinity of the subject site. With regard to subsection 2(d) of the TPR, the proposal will have the effect of changing the zoning for .20 acres of land. The impacts of the proposed change on applicable performance standards are expected to be minimal based on assumed trips generated by the existing zoning, and estimated future trips generated by uses allowed under the proposed zoning. Table 1 below shows a comparison of trips generated by currently allowed and proposed uses on the property. The trip generation rates are based on the Institute of Traffic Engineers Trip Generation Manual, 6th Edition. Table 1: Trips Generated by Existing, Allowed, and Proposed Uses ITE Trip Generation Manual Use Average Trips per Johansen-Moody Trips generated Day/I,000 square House square feet feet Single Family Residence 10.00/unit 1 unit 10.00 (allowed) Multi-Family Residence 6.63/unit Approx. 2 units 13.26 (proposed) General Office (proposed) 11.01 Approx. 2,000 22.02 Specialty Retail (proposed) 40.67 Assume 2,000 81.34 Day Care (existing and proposed 31.19/employee Assume 6 187.14 conditional) Sources: Institute of Transportation Engineers Trip Generation Manual, 6t~ Edition, floor plans for Johansen-Moody House, and proposed code language. The information shown in Table 1 demonstrates that the highest potential trip generating use on the site is day care. If the building were dedicated fully to day care, the number of total trips generated on the, site (187.14) would add a negligible mount,, of traffic to River Road, which currently carries approximately 22,100 daily trips in the vicinity of the subject site3. Major arterials are generally anticipated to carry over 20,000 trips per day4. In addition, current zoning allows day care through a Conditional Use Permit. The most likely development scenario on the site is continuance of the specialty retail (antique store) use, which will result in fewer than 100 daily trips. Due to the small anticipated change and the absence of Level of Service problems on River Road in the vicinity, the proposed amendment would not reduce the performance standards of the facility below the minimum acceptable level identified in the TSP. The application therefore does not significantly affect a transportation facility under subsection 2(d). Therefore, subsection (1) of the TPR above, outlining potential mitigation measures, need not be addressed. 3 City of Eugene Traffic County Map: http://www.ci.etlgene.or.us/PW/traffic/TRAFFIC-COUNTS.pdf. 4 City of Eugene Arterial and Collector Street Plan, page 30. 32 City of Eugene -dohansen-MoodY House Page 15 Code Amendment/Zone Change.. Creation of Historic Special Area Zone Satre Associates, P.C. September 17, 2004 Goal 13: Energy Conservation -To conserve energy. The proposed code amendment furthers the principles of energy efficiency by allowing for efficient use of land currently served by a full range of public facilities. Based on these findings, the proposed amendment complies with Goal 13. Goal 14: Urbanization - To provide for an orderly and efficient transition from rural to urban land uses. Goal 14 requires planned growth and coordination with affected agencies and service providers. In and of itself, the proposed amendment does not impact the orderly and efficient transition from rural to urban land uses. Goal ]5: 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 site does not fall within the boundaries of the Willamette River Greenway. Therefore, this Goal does not apply. Goal 16: Estuarine Resources, Goal 17: Coastal Shorelands, Goal 18: Beaches and Dunes, and Goal ]9: Ocean Resources. Goals 16 through 19 apply to Coastal Resources. The City of Eugene is not impacted by nor does it impact coastal resources. Therefore, these goals do not apply. The above findings demonstrate consistency with statewide planning goals in compliance with the above criterion. (2) Is consistent with applicable provisions of the Metro Plan and applicable adopted refinement plans. Compliance with the Metro Plan and River Road/Santa Clara Urban Facilities Plan are discussed under criterion 9.8865(1) and (2) above. (3) In the case of establishment ora special area zone, is consistent with EC 9.3020 Criteria .for establishment of an S Special Area Zone. The proposed code amendment creates a Special Area Zone for a historic property. Compliance with the criteria in EC 9.3020 is outlined above. 33 City of Eugene - Johansen-Moody House Page Code Amendment/Zone Change: Creation of Historic Special Area Zone Satre Associates, P.C. September 17, 2004 VI. Conclusion Based on the above analysis and findings of compliance with adopted plans and policies, the requested land use code amendment meets the requirements of state and local land use law and is consistent with applicable approval criteria. We look forward to presenting this application to the Planning Commission and City Council to complete the land use process for the Johansen-Moody House. If you have any questions, please do not hesitate to contact Terri Harding at Satre Associates (465-4721), or Kathleen Hall at Amelia's Antiques (688-3900). 34 City of Eugene Attachment A Zone Change - Amelia's Antiques September' 17, 2004 Not to Scale Vicinity Map  370 River Road NO~Cf~I Source: USGS & Satre Associates, P.C. 35 Satre Associates, P.C. · 132 E. Broadway, Suite 536, Eugene, OR 97401 · (541) 465-4721 · www.satrepc.com ,AND TAXATION NEll4 NWl/4 SEC.sc~r ,.25= ~oo,T'17S'; R.4W. W.M. ~J~=~ It~/ ~'7 04 25 2~ 004=00 t Attachment C After Recording Weete~n Title & Eaarow 497 0akw. v ltd Sult. ; WESTE TITLE & ESCROW COMP~ W~~Y DEED -- STAT~ORY FO~ as Tenants by the EntSrety the followin~ described real property, free of enc~rances excepb as s~eciflcally set forth herein, to wlt~ See EXHIBIT "A" attached hereto and made a part hereof Tax A=count No(s)= 1299450 Map/Tax Lot No(s)= 17 04 25 21 07404 This property is free from encumbrances, EXCEPT= Ail those items of record, if any, as of the date of this deed, includin9 any real property taxes due, but not yet payable. The true consideration for this conveyance is $141,950.00 . THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE hAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTROMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES ~ TO DETERMINE ANY. LIMITS ON LAWSUITS AOAINST FAI~MINO OR FOREST d this - ~ day of September, 2001. BONNIE L. HUOL~N~ FKA BONNIe L. ~EAN STATE OF OREGON, COUNTY OF LAN~ ) SS. (No egpn) . . After recordln~ retu~ to~ ~STE~ TITLE & ESCROW CO~ 497 O~WAY RO~, SUITE 340 EUOE~, OR 97401 Until a chan~e ts re~ested all tax statements shall be sent to the followtn~ address~ ~T~REN A. ~L ~ PETER J. DRONOES~ ~o~ ~o. 0~212581200188596730~20027 RPR-DEED Cnt=l $£n=5 CRSHIER 85 $19.99 $11.99 $19.08 37 EXHIBIT A Commencing at the Northwest corner of the East half of the Prior F. Blair Donation Land Claim No. 39 in S ction 25, Township 17 South, Range 4 West of the Willamette Meridian in Lane County, Oregon; ~hence South 0 degrees 31' West 216.40 feet to a 2-inch by 36-inch iron pipe which marks the initial point of the Plat of BRIARCLIFF PLACE, as platted and recorded in Book 51, Page 23, Lane County Oregon Plat Records; thence South 89 degrees 30' East along the South line of Briarcliff Drive 526.16 feet to a 1/2 inch iron rod; thence South 0 degrees 31' West 75.20 feet for the place of 'beginning; thence South 89 degrees 30' East 128.51 feet to the West line of County Road No. 200 (known as River Road); thence South 7 degrees 16' 25" East 66.61 feet; thence North 89 degrees 30' West 137.55 feet to a point which bears South 0 degrees 31' West from the place of beginning; thence North 0 degrees 31' East 66.00 feet to the place of beginning, in Lane County, Oregon. END OF REPORT 38 Attachment D Tax Lot Description Map No. 17 04 25 2 1, Parcel 7404 Commencing at the NW comer of the East ½ of the Prior F Blair DLC #39 in Sec 25, T 17 S, R 4 W of the WM in Lane County, Oregon; thence South 0°31' W, 216.40 ft. to a 2" by 36" iron pipe which marks the Initial Point of the Plat of Briarcliff Place, as platted and recorded in Book 51, page 23, Lane County, Oregon Plat Records; thence S 89030' E along the South line of Briarcliff Drive 526.16 ft. to a ½" iron rod; thence S 0°3 I'W 75.20 ft. for the Place of Beginning; thence S 89°30' E 128.51 ft to the West line of County Road #200 (known as River Road); thence S 7°16'25" E 66.61 ft; thence N 89°30' W 137.55 ft to a point which bears S 0°31' W from the place of beginning; thence N 0°31' E 66.0 ft to the place of beginning. 39 Attachment E S-HJM Historic Johansen-Moody House Special Area Zone 9.3650 Purpose of S-HJM Historic Johansen-Mood¥ House Special Area Zone. The Johansen-Moody House, located at 370 River Road, is classified as a City of Eugene Historic Landmark according to the approval issued by the Historic Review Board on May 27, 2004. This Special Area Zone (SAZ) is intended to provide for thc following purposes: (1) To afford the historic resource special treatment and protection so that the uses permitted and restrictions imposed upon it will preserve and allow rehabilitation of the building's character defining architectural features as an excellent example of the Vernacular Gothic architectural style, and association with people important to Eugene's past (Niels Johansen, one of Eugene's first Danish immigrants). 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. (2) The purpose of Historic Special Area Zones is to permit, after appropriate review, the use of historically significant buildings and sites for a range of uses not otherwise allowed together in one of the standing zoning districts, which often contain uses that are inappropriate while omitting uses that are appropriate to specific historic buildings and sites. The purpose of the Historic SAZ is to preserve these historic resources where their maintenance and productive use would not otherwise be economically practical, and where a standard zoning classification would not be appropriate. (3) The Johansen-Moody House was constructed in 1901 as part of an early Danish settlement along River Road (The Old Territorial Highway). The Historic Special Area Zone will foster the continued preservation of the house by allowing its use as an antique store and tea room, and by establishing appropriate development standards. 9.3655 S-HJM Historic Johansen-Moody House Special Area Zone Siting Requirements. In addition to approval criteria at EC 9.8865 Zone Change Approval Criteria, the following criteria apply: (1) The S-HJM Special Area Zone is intended to apply only to the Historic Johansen- Moody House located at 370 River Road, Assessor's Map 17-04-25-21, Tax Lot 7404. 9.3660 S-HJM Historic Johansen-Moody House Special Area Zone Land Use and Permit Requirements. The following Table, 9.3660 S-HJM Historic Johansen-Moody House Special Area Zone Uses and Permit Requirements, identifies uses in the S-HJM zone that are: (P) Permitted, subject to zone verification. (SR) Permitted, subject to an approved site review plan. (C) Subject to an approved conditional use permit. 40 S-HJM Historic Johansen-Moody House Special Area Zone Page 2 Revised 11/5/2004 (S) Permitted subject to zone verification and the Special Development Standards for Certain Uses beginning at EC 9.5000. Potential uses are listed in Table 9.3660. Uses similar to those listed below may be considered at the discretion of the Planning Director in accordance with the Land Use Code and Decision Interpretation procedures contained in EC 9.0040. Table 9.3660 S-HJM Historic Johansen-Moody House Special Area Zone Uses and Permit Requirements S-ItJM Accessory Uses Accessory Uses. Examples related to residential use include a garage, storage shed, 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 P principle use on the development site, such as an apartment, are allowed as an accessory use. Accessory Uses. Examples related to non-residential use include accessory services that are related to antique store and tea room uses, such as storage, food P(1) preparation areas, and outdoor product display (screened from public view). Education, Cultural, Religious, Social and Fraternal Artist Gallery/Studio P Office Uses Administrative, General, and Professional OfficeIIe Personal Services Barber, Beauty, Nail, Tanning Shop II P Day Care Facility (not associated with a residence) II e Shoe Repair II e · IIP Residential Dwellings One-Family Dwelling (1 Per Lot) II P Duplex (Two-Family Attached on Same Lot) I P 41 S-HJM Historic Johansen-M°ody House Special Area Zone Page 3 Revised 11/5/2004 II Assisted Care & Day Care (Residences Providing Special Services, Treatment or Il Supervision) II Assisted Care (5 or fewer people living in facility) P Assisted Care (6 or more people living in facility) II c Day Care (3 t° 12 people served) (See EC 9.5200) S Day Care (13 or more people served) C Commercial Services Specialty Food and Beverage, including Tea RoOms P Specialty Retail, including Antiques II e Bed and Breakfast Facility (See 9.5100) P Home Occupation (See EC 9.5350) II s 9.3665 S-HJM Historic Johansen-Moody House Special Area Zone Development Standards. In addition to applicable provisions contained elsewhere in this land use code, the development standards listed in subsections (1) to (5) of this section shall apply to all development in the S-HJM zone. In cases of conflict, the standards specifically applicable in the S-HJM zone shall apply. (1) Adjustment. An adjustment may be made to any of the standards referenced in this section in accordance with EC 9.3455 and EC 9.8030(15). (2) Residential Development Standards. All new residential uses shall be governed by the general standards applied to the R-2 zone, except that there shall be no minimum density requirement. Any building alterations or additions and all new construction will require compliance with the Historic Property Applications procedures beginning at EC 9.8150. In addition, parking and parking lot landscaping requirements are as specified in subsection (5) below. (3) Non-residential Development Standards. All non-residential development shall be governed by the general standards applied to the C-1 zone. Any building alterations or additions and all new construction will require compliance with the Historic Property Applications procedures beginning at EC 9.8150. In addition, parking and parking lot landscaping requirements are as specified in subsection (5) below. (4) Signage. Signs for historic properties are exempt from the regulations beginning at EC 9.6600 per EC 9.6610(1) and shall instead be governed by the Historic Property Applications procedures beginning at EC 9.8150. Signs may be approved through a pre- application conference with city staff, unless the proposed signage represents a 42 S-HJM Historic Johansen-Mooay House Special Area Zone Page 4 Revised 11/5/2004 significant change to the physical appearance of the property, and is determined to require a historic alteratiOn application. (5) Parking and parking lot landscaping. Off street parking for proposed uses shall be calculated per EC 9.6410, with the following exception: specialty retail, and specialty food and beverage uses up to 600 square feet of seating area, may operate at the site using the existing gravel parking lot (seven spaces). In lieu of compliance with EC 9.6415- 9.6440 and 9.6200-9.6255, a minimum of 20% of the parking area (in front of the building) shall be maintained as landscape area, consisting of a variety of trees, shrubs, and plants to complement the historic character of the house. Per section (1) above, parking requirements may also be adjusted per the Adjustment Review criteria at EC 9.8030(22). 43 ,T U. IOOD FENCE A3-rACHMENT F PLANT E~ED U. JlTN t~F~ICt<, E~OI~-.I~EF~ STREET L]~T .~ . 'i ~ ~ PLANT BED __ __,, -.~_ / BRIc~ PLANT BED DO~E~ L~N~GC~PJ~ I,~1 Amelia's Antiques and Kathleen Hall J Collectible8 ~a ~ ~a T~ LM ~ ~ Box ~33 En~o~en~ 8~ . 44 Attachment G FINAL ORDER FOR HISTORIC LANDMARK DESIGNATION BY EUGENE'S HISTORIC REVIEW BOARD MAY 27, 2'004 Public Hearing on Request for City Historic Landmark Designation Application Name: Johansen-Moody House Application Number: (HD 04-01) Submittal Date: April 1, 2004 Public Hearing Date: May 27, 2004 Property: Tax Lot #7404 Assessor's Map # 17-04-25-21 Zoning: .R- 1 Low Density Residential Location: The Johansen-Moody House faces east on River Road, the second tax lot south of Briarcliff Drive. Request: City of Eugene Historic Landmark ' '~ Applicant: Kathleen Hall 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 April 1, 2004. 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. Staffheld a predevelopment conference with Terri Harding to discuss the application form and details of the application process. Subsequently, staff toured the property to evaluate the integrity of the resource and understand landscape issues. The Johansen-Moody House functions as a popular antique shop in the lower River Road area. This section of River Road has been gradually moving towards office and commercial uses, mainly because of the high volume of traffic on River Road. This is .the third application for City of Eugene Historic Landmark status in this area. The applicant's representative has completed the requisite research, summarizing the applicable criteria in the submittal. The property is an excellent Eugene example of the Vernacular Gothic style of architecture, with many original details. NOTICE Owners and occupants within 500 feet of the subject property were mailed notice of the application and landmark designation heating on April 26, 2004. Referrals were forwarded to relevant City staff and the River Road/Santa Clara Neighborhood Group on April 6, 2004. Mark Whitmitl with Building Permit Services provided building code comments on the proposed change of use from residential to commercial. No comments were received as a result of the public notice. Public testimony at the hearing included Rob Handy, representing the River Road Johansen-Moody House (HD 04-01) May 27, 2004 Page 1 45 Neighborhood Association, who testified in favor of the landmark designation. The owner, Kathleen Hall, and her representative Terri Harding, also testified in favor. 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) (a), (b) and (c). SCOPE OF EVALUATION This application for City of Eugene Historic Landmark designation was reviewed under the Eugene Code, Section 9. 8165 - Historic Landmark-Designation Approval Criteria. Th~ evaluation includes criteria from Section 9.8165(1); (2) (a, b, c, d); (3) (a, b, c). :~::-~ 9.8165(1): Designation is consistent with applicable provisions of the Metro Plan and applicable refinement plans. The designation of the Johansen-Moody House is supported by the Metropolitan Area General Plan, which states: "Adopt and implement historic preservation policies, regulations, and incentive programs that encourage the inventory, preservation, and restoration of structures, landmarks, sites, and areas of cultural, historic, or archeological significance, consistent with overall policies. ' (Policy 1, page 111-1-2.) and, "Institute and support projects and programs that increase citizen and visitor awareness of the area's history and encourage citizen participation in and support of programs designed to recognize and memorialize the area's history." (Policy 2, page 11M-2) The Johansen-Moody House is a remainder from River Road's agricultural past, when large family farms dominated the landscape. Niels Johansen arrived in the first wave of Danish migration by affiliation with Reverend P.L.C. Hansen, who acquired an option to buy 1,280 acres of farmland in the Danebo area. 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 lower River Road area. The owner plans to apply for H-Historic zoning to make the antique shop a legal conforming use into the future. Policy #4 in the River Road/Railroad Boulevard Sub-area Recommendations of the River Johansen-Moody House (HD 04-01) May 27, 2004 Page 2 46 Road/Santa Clara Urban Facilities Plan, states: '4. Maintain the existing land use patterns until completion of the Chambers Connector. The effects of the Chambers Connector and related road improvements on the immediate area should be examined upon completion of final design and right-of- way acquisition and any appropriate changes adopted. The City of Eugene has been unable to address the above referenced recommendation, so the task is yet to be officially completed. We do know that a significant concentration of historic properties exist in the area, and the Johansen-Moody House is the third application for Historic Landmark that the board has considered. River Road is categorized as a "Major Arterial" in the City of Eugene Street Classification Map of November 1999. This classification means that the average daily traffic is over 20,000 vehicles per day. River Road conth~ues to be subject to increased traffic usage making it problematic to reside on lower River Road because 0fthe speed of the traffic, noise, and width of the road. Rezoning to H-Historic will allow the residential use to continue and will establish commercial and office uses that are deemed suitable to this unique historic structure. By designating the Johansen-Moody House as a City of Eugene Historic Landmark this historic property will be well documented through research and the photographic record. Designation along with continued maintenance will ensure the preservation of the Johansen-Moody House. The owner, Kathleen Hall, continues to amass a collection of information and oral history on the past related to River Road, which she is willing to make available to the City and public. (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 Johansen-Moody House 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, .particularly because of more people moving to the Eugene area. The Johansen-Moody House is a representative example of the residential building boom of the Progressive Era, designed in the Vernacular Gothic style. 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. Population leveled out in the next decade with 10,593 people residing in the City by 1920. The Johansen-Moody House is particularly significant for association with Niels Johansen, who was one of the first ten Danish settlers to arrive with the Reverend P.L.C. Hansen to settle 1,280 acres of land that he purchased at $18 an acre. The group arrived from Iowa and Nebraska, Niels was from Iowa, primarily with the intent to establish farms suited for dairy production. Many of the farms were located in West Eugene, and the Danish community still bears a strong ethnic association with West Lawn Cemetery and the Bethesda Lutheran Church. The term "Danebo" translates as "Borough of Danes." Johansen-Moody House (HD 04-01) May 27, 2004 Page 3 47 Niels Johansen was a charter member of the Bethesda Lutheran Church congregation. He became a trustee of the church upon establishment of the constitution and by-laws on December 30, 1900. The Eugene Register-Guard informs us that the farmers of Danebo organized the Eugene Farmers Creamery, and at about the same time set up a pasteurizing plant which later merged with the creamery. Niels Johansen was also involved in establishing this creamery. Niels and wife Kristine Anderson-Johansen built the house at 370 River Road in 1901 and resided there until 1922 when they sold the property to Laura Anderson-Moody, (Kristine's daughter) and her husband Arthur Moody. The Moody's owned the property until 1976. The original Johansen dairy and alfalfa farm consisted' of 45 acres. When the Johansen family sold the property to the Moody family the land was diminished to seven acres in size. Niels and Kristine Johansen had purchased additional land at 330 River Road to build a house, where they lived out their days. They are buffed:at West Lawn Cemetery, as are Laura and Arthur Moody. The Johansen-Moody House meets this criterion for association with events significant.to our past. (b) Is associated with the lives of persons significant to our past. Niels Johansen is associated with the first wave of Danish immigrants to the Eugene area, as explained above. It appears that the Johansen family made a contribution as Danish settlers to the dairy operations of our area, including the establishment of the Eugene Farmers Creamery. Niels Johansen is a significant person to Eugene's past so appears to meet this criterion for significance for association with the life of a person. (c) Embodies the distinctive characteristics of a type, period, or method of construction, or represents the work o fa master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction. Map #81 of the 1925 Sanborn Insurance Company Maps illustrates the Johansen-Moody House prominently located on a large parcel of land on the west side of River Road. The house is illustrated in its current location and a small outbuilding is located to the west, with a large barn constructed west of the outbuilding. These buildings are obviously associated with the dairy farm of the Niels Johansen family. The outbuildings are no longer extant, and the parcel has been reduced to lot #7404, from its original 45 acres. The 1901 house is two full stories and is T-shape in plan, with one story porches filling the recesses on the west and east elevations. The roof consists of intersecting gables, with end gables forming full pediments becaUse of the pent roofs that form the triangles. Only the east facing gable at the front of the house is ornamented with decorative stick work. A second gabled dormer is located on the east facing plane of the roof, pierced by a single casement window with diamond and triangle shaped panes. The original wood shingle roof has been replaced with composition shingles. Eaves are boxed and enclosed with a variety of moldings. Fascia and comer boards clearly define each elevation of the house. Windows are primarily one over one Johansen-Moody House (HD 04-01) May 27, 2004 Page 4 48 double hung with wide board window and door surrounds. Siding is a double beveled shiplap, and the base of the building terminates in a wide water table with drip edge. The foundation is constructed of Eugene Formation Sandstone blocks, as verified by a local geologist. The siding is double beveled shiplap and appears to be an unusual siding type for the area. The east facing porch was modified early on to a wider width, and it emulates porch forms typical to the bungalow style of architecture with boxed rails and square porch columns. A diminutive gable pierces this porch roof, prominently announcing the main entrance. A second door exists to provide direct access into the parlor. An old clump of lilac exists on the west elevation of the house, along with an old rose species. One lone Douglas fir exists on the east boundary of the tax lot, and is a remnant from a much larger linear planting that grew prominently along River Road by 1925 or earlier. The west facing porch was reconfigured early on to accommodate the novel convenience of an indoor toilet, and running water for bathtub and sinks. A laundry room and storage rOom were also configured directlY off the kitchen, allowing for a secondary entrance/exit into the kitchen. A second bathroom was constructed upstairs by diminishing the size of one of the bedrooms. Considering the age of this house very few alterations have been made to accommodate modem trends. The Johansen~Moody House maintains a high level of integrity, and the relative scarcity of the vernacular Gothic style of architecture in Eugene makes it all the more significant under this criterion. (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 evaluate more completely the applicability of this criterion. (3) In 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. The Johansen-Moody House is constructed in its original location, making this criterion not applicable. (b) A historic resource that is primarily commemorative in intent can be eligible if design, age, tradition, or symbolic value has invested it with its own historic significance. The designation of the Johansen-Moody House as a City of Eugene Historic Landmark is not a Johansen-Moody House (HD 04-01) May 27, 2004 Page 5 49 commemorative historic resource, making this criterion not applicable. (c) A historic resource achieving significanee within the last fifty years can be eligible if it is of exceptional importance. The Johansen-Moody House was constructed in 1901, making it 103 years old in 2004, so this criterion is not applicable. BY: (.~l~e~Guzows~~, enio p~~e: Date: //]/]~ c>~..7/ Zd2:>-~ ~. Johansen-Moody House (HD 04-01) May 27, 2004 Page 6 50 " ' SATRE ASSOCIATES, P.C. Planners, Landscape Architects and Environmental Specialists 132 East Broadway, Suite 536, Eugene, Oregon 97401 (541)465-4721 · Fax (541)465-4722 · 1-800-662-7094 www.satrepc.corn ASSOCIATES March 24, 2004 JOHANSEN-MOODY HOUSE Historic Landmark Designation Application Written Statement Owner/Applicant: Kathleen Hall and Peter Drongesen PO Box 1733 Eugene, OR 97440 (541) 688-3900 · Fax (541) 688-3900 Representative: Satre Associates, P.C. Planners, Landscape Architects & Environmental Specialists 132 East Broadway, Suite 536 Eugene, Oregon 97401 Attn: Terri Harding, AICP, Planning Manager (541) 465-4721 · Fax (541) 465-4722 · tharding~satrepc.com I. Land Use Request Kathleen Hall and Peter Drongesen are the owners of the house located at 370 River Road, home of Amelia's Antiques. The house dates to 1901 and is built in the Vernacular Gothic style, with original doors, windows, floors, and fixtureS. Substantial research done by Ms. Hall, including oral histories with descendants of the home's original owners, reveals a rich history associated with the River Road/Danebo area's Danish immigrants. Ms. Hall seeks to preserve and recognize the home's historic value by nominating it to the City of Eugene's Historic Landmark Inventory. The Applicant has named the property the Johansen-Moody House after the original owner, Neils Johansen, and his step daughter, Laura Anderson Moody, who lived in it from its construction in 1901 until her death in 1976. This application is based on the historic architectural value of the 51 City of Eugene - dohansen-Moo% .~ouse ;' Page 2 Historic Landmark Designation Application - Written Statement March 24, 2004 ~ structure and property, as well as itsvassociation~with the early Danish farm settlers of the region, as detailed under Section II.D, Resource Description, and Section IV, Supporti'3e Facts and Findings, below. II. Site Conditions A. Tax Lot The tax lot involved is Lane County Assessor's Map 17-04-25-21, Tax Lot 7404. A tax lot map is enclosed as Attachment A. A deed and legal description of the property are included as Attachments B and C, respectively. B. Site Context The house sits on the west side of River Road, roughly two blocks north of the Chambers Connector, south of Briarcliff. The property is part of the River Road neighborhood, which is characterized by a mix of commercial uses along arterial roads and residential uses along local and collector roads. River Road is a major arterial that has been widened several times over the years. The original homesteads date to the early 1900's. Historically, the area was farmed, primarily for alfalfa. The Johansen-Moody house was built in 1901 and sits on a .20 acre lot. It is setback from the current roadway approximately 75 feet. The context has changed such that the immediate surroundings are now characterized by a mix of historic homes, newer homes, and urban commercial uses. However, two other properties have been recognized in the immediate vicinity for their significance in the development of the lower River Road area: the Elgaard House at 390 River Road and the Potter house at 405 River Road. The Bruner House and Country Manor on Fir Lane are also located nearby. C. Site History and Planning Context The home was originally built in 1901 by Neils Johansen and a hired hand. Mr. Johansen held the title until 1922, when he sold it to his daughter in law and her husband for $100. Laura Anderson Moody owned the home with her husband Arthur Moody until her death in 1976, when it was sold outside the family. It w~s in residential use from the time of its c~onstruction until 2001, when the current owner opened Amelia's Antiques. The history of River Road has been documented in the Eugene Area Historic Context and the Blair Boulevard Historic Commercial Area nomination packet.3 The route along 8th Avenue, Blair Boulevard and River Road was the main stage road to Corvallis and Portland. Originally, the route was titled the Eugene City to Booneville Territorial Road in 1856. In 1917, it was designated as the Pacific Highway. While Blair Boulevard developed as an 'agricultural commerce center, lower River Road was settled by farmers, who built houses on larger tracts of cropland or dairy farms. The Blair Boulevard Historic Area nomination ' indicates that Neils Johansen acquired the house currently at 1125 West 5th Avenue within the historic district between 1892 and 1902 (likely 1901, as other information indicates this is when he arrived n Eugene), subsequently selling it to settle on River Road. 52 City of Eugene -,lohansen-Moo~. Youse Page 3 Historic Landmark Designation Application - Written Statement March 24, 2004 The history of Danish immigration in Eugene has been documented in the Blair Boulevard Historic District and in the nomination of the Elgaard house to the City of Eugene Landmark Inventory. The ~ettlement of the area by Danes began in the late 19th century. Ten Danish families from Iowa and Nebraska came to Oregon in response to Reverend P.L.C. Hansen's invitation to colonize the Beifi~i2Danebo area of Lane County, They farmed the land for dairy production, raising cows and chickens and creating the Eugene Farmers Creamery in 1914. Neils Johansen was a member of this first wave of Danish Immigrants and a charter member of the Bethesda Danish Evangelical Lutheran Congregation. This congregation established Danebo School and Bethesda Memorial Park, ' eventually to become part of West Lawn Cemetery. In the Bethel area, Danish was the chief language spoken until 1924. The River Road area was divided into suburban residential lots from about the 1930's through the 1970's. The current land use pattern includes residences interspersed with commercial businesses. Zoning of the subject property is currently R-1 (Low Density Residential). The River Road/Santa Clara Urban Facilities Plan designates the property for residential use. If this historic landmark nomination is successful, the Applicant intends to submit an application to create a Special Area Zone. She would then apply to rezone the. property to Historic to allow the antique shop and supporting business pursuits. This process would allow public input on appropriate uses and development standards for the property. Past land use decisions on the property include annexation and a subsequent rezone from RA/UL to R-1 in 1990 (city file numbers A 90-005 and Z 90-018). D. Resource Description Information sources consulted for the resource descriptions contained herein are listed at the end of this written statement. Ownership The home was originally built in 1901 by Neils Johansen and a hired hand. Mr. Johansen and his wife Kristine Anderson held the title until 1922, when they sold it to .Kristine's · daughter and her husband for $100. Laura Anderson Moody owned the home With her husband Arthur Moody until her death in 1976, when it was sold outside the family. The current owner, Kathleen Hall, acquired the property in 2000 and completed substantial research into the history of the property and its original owners. Neils Johansen was a Danish immigrant who moved to the Eugene area from Iowa. He was a farmer and investor, part of a Danish dairy colony settled by Reverend P.L.C. Hansen, a pastor of Bethany Church in Portland.. In December 1900, Pastor Hansen held a meeting to establish a new congregation, to become Bethesda Lutheran Church. Neils Johansen was a charter member (Eugene Area Historic Context, p. 55). In 1914 Neils helped form Eugene Farmers Creamery with members of his church. He died in 1927 and was buried in the Danish West Lawn Cemetery, as were Laura and Arthur Moody. 53 City of Eugene - dohansen-Moo% .~touse ~ Historic Landmark Designation Application - Written Statement Page 4 March 24, 2004 Neils purchased an additional seven acres, adjoining the house to the south, from Uriah Holeman in 1909 (see property deeds~ Attachment C). There Neils built a second home (330 River Road), where he and his wife lived after selling the main house to Laura and Arthur Moody. The Moodys did not have any children; however, nieces and nephews spent summers there. The size of the original dairy and alfalfa farm and homestead was 45 acres; however, when it was sold in 1922 to Laura and Arthur deed records indicate that the property was seven acres in size. In 1926, three acres were sold to Jens and Ane Elgaard, who built the Elgaard House still located at 390 River Road, and established as a Eugene Historic Landmark per HD 01-2. .Physical Description The Johansen-Moody House was erected in 1901, as reported by the owner in 1910, when taxes were first levied on the property. Descendents of the original ownerS report it to be a kit house, but no documentation exists to verify this. Research by the current owner shows that the Aladdin Company from Chicago was the only kit house manufacturer selling houses as large as the subject house in 1901. Sale records were subsequently destroyed by fire at Aladdin's manufacturing plant. The house is in its original setting and remains generally unchanged since its construction. It is an excellent example of the Vernacular Gothic (American Farmhouse) style. The house is typical of the Vernacular Gothic style in its emphasis on the vertical and its undecorated exterior. It is 2.5 stories in height and set on a cast stone foundation, which is in excellent condition. Small ornamental brackets accent the roof peaks. The house has a covered front porch that was widened soon after its construction. There are two front doors; one provides access to the hall/dining area with built in pass-through hutch, and the other opens onto the front living room. With two exceptions, the doors are all five panel originals, as are the two screen doors, all woodwork, and all fixtures (note decorative twisted hinges on front screen door). The windows are primarily double hung wood sash (a few windows have had the glass replaced). The small stained glass windows in the attic are original. All rooms feature Douglas fir casings and door molding, picture hanging molding, and Douglas fir floors. The walls are lathe and plaster and were skim cOated during the 1970's. The house originally had two chimneys; the north chimney still services the dining/kitchen area. When indoor plumbing was brought to the house during the 1950's, the kitchen was remodeled, a bathroom was created by enclosing the west porch, and the hand pump on the north porch, the original source of water, was removed. A hot water heater was added to the kitchen pantry during the same period. In the 1960's or 70's, a bathroom was added upstairs by borrowing space from the center upstairs bedroom. An error in the blueprints led to a construction quirk in the upstairs hallway; a bearing wall was located 1.5 feet east of its intended position, and as a result the floor slopes noticeably down to the east. House inspectors over the years have verified that this characteristic does not pose a risk to the structural integrity of the house. 54 City, of Eugene - dohansen-Moo% . S' °use : Page 5 Historic Landmark Designation Application - Written Statement March 24, 2004 III. Application Information Written Statement Response to criteria: Section IV below. Physical Appearance: Section II D above. Original Owner/Architect: Owner: Neils Johansen Architect: Possible Aladdin kit house. Bibliographic references: Listed at end of statement. Site Plan and Architectural Information Date, north point, and scale: Found on the Site Plan, Attachment G. Map and Tax Lot Number: 17-04-25-21, Tax Lot 7404. Vicinity Map: Found on the Site Plan. Floor Plans: Attachment H. Supporting Analysis and Documents Legal Description: Attachment B. Photographs and Slides: Attachment F contains color photographs of both the exterior and the interior of the house. Submitted separately are color slides and black and white photographs of each elevation and the grounds of the house. IV. Supportive Facts and Findings Historic Landmark Designation Approval Criteria are found in Section 9.8165 of the Eugene Code. Following each criterion are proposed findings of fact. 9.8165 Historic Landmark- Designation Approval Criteria. The historic review board shall designate a historic resource as a historic landmark if it finds that the following criteria are met: (1) Designation is consistent with applicable provisions of the Metro Plan and applicable refinement plans. 55 City of Eugene - dohansen-Mooa2 ,~ouse ? Page 6 Historic Landmark Designation Application - Written Statement March 24, 2004 Metro Plan The Johansen-Moody House is designated Low Density Residential on the Metro Plan diagram. Establishment of the structures as a historic landmark will ensure the preservation of its historic residential character. Only uses that are compatible with this character will be allowed under the future proposed historic zoning. Preservation of the property will further the goals, objectives, and policies of the Historic Preservation Element of the Metro Plan. In particular, the proposal is consistent with the following policies found on page Ili-I-2: i. Adopt and implement historic preservation policies, regulations, and incentive programs that encourage the inventory, preservation, and restoration of structures; landmarks; sites; and areas of cultural, historic, or archeological significance, consistent with overall policies. 2. Institute and support projects and programs that increase citizen and visitor awareness of the area's history and encourage citizen participation in and support of programs designed to recognize and memorialize the area's history. Designating the Johansen-Moody House as a Historic Landmark will support the above policies by preserving one of the earliest and best preserved examples of farm-supported homesteads by Danish immigrants in lower River Road. Although there has been no inventory of cultural resources in the River Road area, research compiled by the current owner for this application demonstrates its historical significance. Future generations will benefit from the preservation of the architectural and historical contribUtions of the structure and its connection to early settlement of the River Road and Bethel/Danebo areas by the first wave of Danish immigrants, including the original owner, Neils Johansen. River Road/Santa Clara Urban Facilities Plan The River Road/Santa Clara Urban Facilities Plan designates the property for low density residential use. However, it is located in an area characterized by a mix of historic, residential, office, and retail uses. The following plan text points to the need to consider appropriate land use changes in this area: River Road/Railroad Boulevard Sub-area Recommendations (Page 2-24) 4. Maintain the existing land use patterns until completion of the Chambers Connector. The effects of the Chambers connector and related road improvements on the immediate area should be examined upon completion of final design and right of way acquisition and any appropriate changes adopted. 56 City of Eugene - dohansen-Mooa~ .)ouse / Historic Landmark Designation Application - Written Statement Page 7 March 24, 2004 Neither the construction of the Chambers Connector nor the widening of River Road significantly affected the subject property. A large fir tree remains just west of the sidewalk. Preservation and thoughtful reuse of the property is timely and critical given · the above recommendation and land use changes which may soon occur in the Lower River Road Nodal Development area, directly east' of the property on the other side of River Road. (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. (b) Is associated with the lives of persons significant to our past. (c) Embodies the distinctive characteristics of a type, period, or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction. (d) Yields, or may be likely to yield, information important to prehistory or history. The proposed designation meets criteria (a) and (c) above. The property is associated with the settlement of the River Road and Bethel/Danebo areas by Danish immigrants around the turn of the 19th century (1901). References to the home's builder and owner, Neils Johansen, can be found in historical documents ranging from the history of Bethesda Lutheran Church to the Blair Boulevard Historic Commercial Area nomination application to the Eugene Area Historic Context. The home's integrity of location on River Road, a historic stage route to Corvallis and Portland, and its prominence among early homesteads in the area contribute to the pattern of history associated with Danish settlement of this part of Eugene. With regard to criterion (c), the Johansen-Moody House clearly embodies the distinctive characteristics of the Vernacular Gothic (American Farmhouse) style. The structure is virtually intact and is a patent contributor to the historic cluster of homes located on lower River Road, along with the Elgaard and Potter houses. The house is typical of the Vernacular Gothic style in its emphasis on the vertical and its undecorated exterior. It is .Z2.5 stories in height and set on a cast stone foundation, which is in excellent condition. Small ornamental brackets accent the roof peaks. The house has a covered front porch that was widened soon after its construction. There are two front doors; one provides access to the hall/dining area with built in pass-through hutch, and the other opens onto the front living room. With two exceptions, the doors are all five panel originals, as are the two screen doors, all woodwork, and all fixtures (note decorative twisted hinges on front screen door). The windows are primarily double hung wood sash (a few windows have had the glass replaced). The small stained glass windows in the attic are original. All rooms feature Douglas fir casings and door molding, picture hanging molding, and Douglas fir floors. 57 City of Eugene - dohansen-MooaY r~ouse Historic Landmark Designation Application - Vgritten Statement Page 8 March 24, 2004 Although unconfirmed, family members have told the current owner that the house was shipped to Eugene as a kit. Research indicates that the only company making kit houses as big as this at the time was Aladdin of Chicago. Aladdin's records were destroyed by fire, so the origins of the house remain subject to speculation. The above described factors support the designation of the Johansen-Moody House as a unique and significant Historic Landmark. (3) In addition to EC 9.8165 (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. The Johansen-Moody House has not been moved; nor is a place nominated for historic landmark status. Therefore, this criterion does not apply. (b) A historic resource that is primarily commemorative in intent can be eligible if design, age, tradition, or symbolic value has invested it with its own historic significance. The proposed Landmark designation is not primarily commemorative in nature. The structure has historic value based on its architectural significance and association with Eugene's broad patterns of history, as explained above. Therefore, this criterion does not apply. (c) A historic resource achieving significance within the last fifty years can be eligible if it is of exceptional importance. The proposed Landmark is over 50 years old. Therefore, this criterion does not ' apply. V. Conclusion As outlined in this application, the proposed designation of the Johansen-Moody House meets applicable Historic Landmark designation criteria. The project furthers the goals of Eugene's Historic Preservation program. We look forward to presenting it to the Eugene Historic Review Board for review. 58 City of Eugene -d~ohansen_Mooay douse i, Historic Landmark Designation Application - Written Statement Page 9 March 24, 2004 Information Sources Blair Boulevard Historic Commercial Area Nomination, 1995. Elgaard House Historic Review Board Staff Report (HD 01-2), 2001. Eugene Area Historic Context, 1995. "History of Bethesda Lutheran Church," 2000. Lane County Deeds and Records, various (attached). Oral Interview with Cliff Winther, son of Andrea Anderson-Winther, step-daughter of Neils Johansen, by Kathleen Hall, 2002. Oral Interview with Evelyn and Ilene Anderson, nieces of Laura and Arthur Moody, by Kathleen Hall, 2002. Potter House Historic Review Board Staff Report (HD 97--3), 1997. Site Visits and Photographs by Terri Harding and Josh Bruce, Satre Associates, P.C., Eugene, Oregon, February, 2004. 59 Attachment D ItlSTORY OF BETI:I-ESDA LUTI:I-E, RAN and the Alvadore area. There wasl of course, no CItIIRCH Fern Ridge Lake at that t/me. The Elmira Highway from Eugene to Elmira, passed through the Danebo area. Many of the farm homes or out buildings still remain: Berntzen, Bertelsen, Petersen, Juhl, Larsen, Jensen, Lassen, Jessen, Andersen, March, Nielsen, Ohlsen. The area has always been named "Danebo." The Raikoad crossing marker on Danebo Street was where the name originated, meaning "Borough of Danes.? The_ - Bethel area was on the east side of the raikoad_tracks near the original:. . :' _ ::.- ,. Bethel School. The Danebo:School · was built next door to Bethesda's church where the Beltline Road_is now. The church and school shared Bethesda Church - 1922 the park and playground, and often the Dedication of new basement buildings. On December 15, 1900, the Rev. P.L.C. Hansen Part 1:1900-1940 read the following fi-om Ephesians 2:19-22: So then you are no longer strangers and aliens, but In the late 1890% and early 1900%, a determined you are citizens with the saints and also group of Danish men and women and their members of the household of God, built upon the families immigrated to the rural area just west of foundation of the apostles and prophets, with Eugene. Ten families from Iowa and Nebraska Christ Jesus hiraself as the cornerstone. In him came first to establish farms at the invitation of th~ whole structure isjoin.~ together a~ grows Rev. P.L.C. Hamen, who acquired an ......... option to int~ a holy temple in the Lo-rd; in whom.).~gu also buy 1280 acres of farmland at $18 an acre. (Tlhs ara built together spiritually, into a dwe.!t_ing sect/on of land was known originally as the pla"..c".efor God. Pastor Hansen said a l~aYer, led George Belshaw much and was later owned by the:: ~2 men in singing No. 290 in the Danish E.A. Smith, from whom the land was purchased.) hymnbook, and together they confessed the -~ When the colon/sts began to arrive, they were ApOstles' Creed. In this way the Bethesd~i'_ sorely disappointed' and critic/zed the pastor Danish Evangelical Lutheran Congregati'_o_-n_was · severely-for "luring them to such a dreary, wet established. .- place.'' But they stuck on the land, most 0fwhich had never been plowed. Most of the good The charter members of Bethesda congregation farmland was akeady purchased, so they drained were: Morten Nelson, N.H. Holm, Jens the land in the Amazon drainage and by hard, Bertelsen, Marcus Jessen, Knud Henriksen,, back-breaking work, they established themselves Peter Julius Hansen, J. C. Christensen, Anton and turned the swampy place into a dairy section. Anidsen, Soren Madsen, Niels Johansen, Jens P. They converted it for raising dairy cows and Olsen and Henry Petersen. Our old record books poultry. The original farms were between the do not list any women, confn-rned teenagers~ or West Lawn Cemetery and the present church, children until later.in the next year. There4sno and over to Barger drive. Later the farms spread commentor explanations as. to why this was so. between the present-day Highway 99, West 11~, On December 30, 1900, the constitution and by- 1 60 laws were adopted and the following became while traveling over the steep and winding members of the congregation: Mr. Chris Nelson, mountain roads. Mr. William Nelson, Mr. Ole Ingavardsen, Mr. ' Bernhard Henricksen, Miss Marie Madsen, Miss The Rev. P.O.. Thcreby served Bethesda from Emma Henricksen, Miss Christine Nelson and Jahuary 1908 until March 1916. Pastor Thoreby Mr. D.P. Ohlsen. The tm'st officers of the came from Falmouth, Maine and many of his congregation were Soren Madsen, President; parishioners there came to Eugene with him. ' N.H. Holm, Treasurer; J.P. Olsen, Secretary and Pastor Thoreby encouraged the growing Trustee; Peter Juhus Hansen and~iels Johansen, congregation to move to a more favorable Trustees; and D.P Ohlsen and J.P. Otsen, location, in keeping with their growing Deacons. community. In 1908 the church was moved using rollers and a winch to it's present location, The congregation united with the Danish then Elmira Highway, now Royal Avenue. - Evangelical Lutheran Church in America in (l~oyal Avenue was named for another area i901. On July 1, 1901, the Rev. P.L.C. Hansen prgperty owner, Royal Gick, who lived on was called as the first pastor of Bethesda El~a Road.) A parsonage was also built next Congregation and served until 1903, receiving to the church for the pastor and his family. --'.i $300 a year. Hans Nielsen, the historian who PaStor Thoreby's emphasis on growth led him[tfq'i I · wrote the early history, of Bethesda in 1950, said: orgamze two additional Danish Lutheran "As is often the case, the founder of a settlement congregations in Eugene (one in MeadoTM View usually becomes the target of severe criticism. Pastor Hansen was in no way exempt from ;~'.:;"':" · , :.i. i' 'i '~.:,. ·; ..~,-. .: . :..:.r:,::;, :..-: criticism. Dissatisfaction on the part of some of the early settlers caused him considerable grief." In 1901 Pastor I-Iansen donated three acres of land on DanebO Road. J.P. Olsen was awarded a contract to build the first church for $1450.00. Generous contributions from both church members and Eugene businessmen brought the work to completion. This property is currently West Lawn Cemetery. Bethesda congregation still retains a section of the cemetery. The Kev. P.' Rasmussen served Bethes~ from ...:... April 1903 until October 1907.'His starting i salary was $350 per year. The income from a 10 paStor Thoreby in I912 with group from church acre tract of land and rent-free parsonage was added along with small increases in salary. The which quickly closed) and Emmaus Lutheran Rasmussens had eight children and lived on less Ctlurch in 1914. This decision was. the cause of than 90 cents a day! Under Pastor Rasmussen's much controversy and divisiveness. Pastor leadership, Bethesda increased its membership Thoreby departed in 1916 leaving the and became stable and better equipped for future congregation in turmoil. work. Pastor Rasmussen often traveled by stage to Cushman and Mapleton in order to bring the It iR interesting to note from the Eugene Gospel to people there. Hie described being roped Register-Guard articles we have in the archives; .:::::-:: into the seat of the stage to keep from falling off that in 1914, the farmers of Danebo organized the Eugene Farmers Creamery, and at about the same time set up a pasteurizing plant which 2 61 later was merged with the same creamery. Only a t 970's. In the late 1980's, the constitution was few years later, when it became difficult to get changed so that no lots'can be gold. They can be labor just before World War I, the farmers began given to people only at need. The cemetery is to change to poultry. This was almost the governed by the BOard of Property of Bethesda exclusive farm business by the 1940% with Lutheran Church. Bethesda keeps a set of flocks ranging from 500 to 3000 birds. It was at records for the cemetery, but West Lawn this time that the population growth made it Cemetery manages and sets policy for the necessary to expand the industrial and resident/al church property. development west o£ the city of Eugene into the Danebo community. By 1964 the Bethel-Danebo iThe Rev. Samuel J. Hansen was installed on community was annexed to the City of Eugene. November 5, 1926 in both Bethesda and Emmaus. After a concerted effort, Pastor The Rev. A.S. Nielsen' was called to Bethesda in i-Iansen resigned both calls in January 1929, but July 1916 with a salary of $550 a year. There was Was quickly called back into service as a full, much concern as to whether Danish or English .time pastor by Bethesda congregation. Pastor · was to be spoken during Worship. Because Pastor Hansen remained pastor until July 1940, almost Nielsen spoke both EngliSh and Danish, a ,fourteen years. During that time, a weekly gradual change from Danish to English was 6ffering envelope system was introduced, an introduced in 1920. Under his leadersh/p a addition was made to the building for a newly basement was added to the church building in formed orchestra, and preliminary plans for a 1922. JuSt prior to Pastor Nielsen's departure, new church were begun. The orchestra was Emmaus Lutheran and Bethesda decided to call a begun in 1928 w/th 22 members, even though pastor to serve both congregations, many of them knew nothing about playing instruments. Mrs. S.J. Hansen gave violin lessons and the church even hired an "outsider" · :.'?.: -~,,~.,., .... to teach music. The d/rector ": told Fred Ohlsen and Nick '~;~: Bertelsen they should go to the woodshed to practice their ¢Iarinets! He also directed the four choirs: mixed, men, ladies, ahd jun/or, Pastor, Hansen led the congregation in making a total change from the Danish to the English languagei His tenure was marked by increased r,>,,.,~,.,. ,+~ ~,~.~,~ c.~ ....,~!;. ,"? Ji~ activity, spiritual growth, and Dorcas Needle Club - 1919 stabilization of the congregation. Pastor Hansen and his wife.re,ed to the Cqnfstian Renewal In 1926 Bethesda congregation decided to donate Center in Silverton, Oregon,. where their son, the cemetery property on Danebo Avenue to the The Rev. Allan D. Hansen is the director. Intemational Order of the Oddfellows (I.O.O.F.). In return for the gift of three acres, the I.O.O.F. guaranteed perpetual care for the 100 plots (8 lots in each plot) in the Danish/Bethesda section of the cemetery. That agreement is still in place. Lots in the cemetery were sold up until the 3 62 Attachment 63 Attachment F Johansen-Moody House: circa 1901, 370 River Road (photo 2004) View of second story, re~"~0 elevation View of kitchen; doom to entry, pantry, and north porch Front Room, view north to entry 65 Stairway (above) and upstairs hallway (below) . Upstairs Hall Window (above) and Room (below) 66