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HomeMy WebLinkAboutItem 5 - Ord.Johansen-Moody HseEUGENE CITY COUNCIL AGENDA ITEM SUMMARY Action: An Ordinance Establishing the S-HJM Historic Johansen-Moody House Special Area Zone and Amending the Eugene Zoning Map Meeting Date: January 24, 2005 Agenda Item Number: 5 Department: Planning and Development Staff Contact: Kent Kullby www. cl. eugene, or. us Contact Telephone Number: 682-5453 ISSUE STATEMENT The City Council will consider action on an ordinance affecting the Johansen-Moody House, a City of Eugene Historic Landmark located at 370 River Road. The ordinance contains two land use actions: 1. The establishment of a 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, at 370 River Road. BACKGROUND On January 10, 2005, the City Council held a public hearing on the proposed ordinance and land use actions. At the hearing, the applicant spoke in support of the ordinance. No objections or citizen testimony was heard. No additional information was requested by councilors. On November 16, 2004, the Planning Commission held a public hearing on the proposed ordinance and land use actions. At the hearing, no objections or citizen testimony was heard. The Planning Commission unanimously recommended adoption of the ordinance with a revision that has been incorporated into the attached ordinance. (Please refer to the January 10, 2005, council hearing packet for background information on the Planning Commission's public hearing and recommendation.) On September 13, 2004, the City Council initiated the process to establish a site-specific S-HJM Historic Johansen-Moody House Special Area Zone at the property owner' s request. At that time, a code amendment was also required to establish a reference in the Eugene Code criteria for zone changes to refer to the historic zoning 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. On May 27, 2004, the property owners, Kathleen Hall and Peter Drongesen, obtained city landmark designation from the Historic Review Board for their property located at 370 River Road (see Exhibit A of the attached ordinance). 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 neighborhood commercial uses (like an antique store and tea house) and that would require preservation of the historic character of the site through the historic alteration procedures of the Eugene Code. L:\CMO\2005 Council Agendas\M050124\S0501245.doc RELATED CITY POLICIES The proposed land use actions are supported by the following Council Goal: SUSTAINABLE COMMUNITY DEVELOPMENT 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 The council has the option to: 1. Adoptthe ordinance; 2. Adopt the ordinance with modifications; or 3. Decline to adopt the ordinance. CITY MANAGER'S RECOMMENDATION Exhibit C of the attached ordinance provides an analysis of the criteria of approval from Eugene Code Sections 9.3020 and 9.8865 for Special Area Zoning and Zone Changes. The analysis presented in Exhibit C and the evidence presented in the record provides adequate findings to demonstrate compliance with the criteria of approval. The City Manager recommends approval of the ordinance and amending the Eugene Zoning Map accordingly. SUGGESTED MOTION Move to adopt an ordinance establishing the S-HJM Historic Johansen-Moody House Special Area Zone and amend the Eugene Zoning Map to apply the zoning to property located at 370 River Road. ATTACHMENTS A. Vicinity Map, Zoning Map, Site Plan, and Photograph B. Proposed Ordinance and Exhibits PLEASE ALSO REFER TO ATTACHMENTS PROVIDED IN THE JANUARY 1 O, 2005, PUBLIC HEARING PA CKE T. 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\M050124\S0501245.doc ATTACHMENT A Not to Scale Vicinity Map  ~c,~m 370 River Road Source: USGS & Satre Associates, P.C. CROCKER LN i i :: :: ::: :::: :: :: :: :: :: /ND! i i i :: i i i iiiii}ii::ii::i::i::i '~%\'~'~'~'~'~'~ ........... I::::::: :':::::::::: ~ BRIARCLIFF DR i!!iiii~i~liiii!!!ii:::::.~':fl:~:~:~ ~~ ~ :::::::::::::::::::::::::::::::: ......................... ~~::~ ....... ........... , ~ ~ ........ ~'~ ~:~~:~,~~] 370River~ .... ::: ~ ::::::: :::::: :::::::::::::::::::::::::::: ......... .... :::::::::::::::::::::::::::::::: ..... ~ ......... ~:::~.::::::: ........ ::::::::::: ~ :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::  Johansen-Moody House (Z 04-1 ? & CA 04-1) ~s ssor'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 prope~ies shown on ~ R-2 Medium Density Residential this map outside of the city limits have ~ S-H Special Area Historic /UL overlay zoning. N ~ Subject Site (City Landmark) -- City Limits ~ Other City Landmarks 11/8/04 E×IS~IN~ ~ F T U~OO~> FENCE ATTACHMENT F PLANT t~ED tUITN E51~1¢_~ ~O~E~ 5T~ET L]~T EMPLOTEE '~ ~COE~SIBLE ~I~LE ~A~EN / ~ 5~CE5 ~ALE: I" = I~' NORT~ EXISTINO O FOOT ~OD FENCE P~INO ~EA L~NDSC~ING CO~E~F TOTAL 5' l¢' ~,,,~" ,~,~,~, Amelia's Antiques and Kmthleen Hall Future 51[~ P~an (~) ~-3~o - F~ (~) 6~-39~ AS~C~S 44 Johansen-Moody House, 370 River Road, a City of Eugene Historic Landmark ATTACHMENT B 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 thc city's economic health, and preserves thc 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 Johanscn-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-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 thc 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 Siting Requirements. In addition to the approval criteria at EC 9.8865 Zone Change Approval Ordinance- 1 C:\Documents and SettingsXceplkrk\Local Settings\Temporary Internet Files\OLKC\Johansen-Moody Hist. Ordinance - Draft (00097049)2.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 B. (c) S-HJM Historic Johansen-Mood¥ 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 I S-HJM IAccesso~ Uses , 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). Ed u c a t i 0 nI Cd It~ a ii R eli~i6 U s ~ S 0 ~!~ i F r a t ey h a I Artist Gallery/Studio I P Office Uses Administrative, General, and Professional Office I P Personal ServiCes Barber, Beauty, Nail, Tanning Shop P Day Care Facility ( not associated with a residence) P Shoe Repair P Tailor P ReSidential 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 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 Ordinance - 2 C:\Documents and Settings\ceplkrk\Local Settings\Temporary Internet Files\OLKC\Johansen-Moody Hist. Ordinance - Draft (00097049)2.DOC (d) S-HJM Historic J°hansen-Mood¥ 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. (1) Adiustment. 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 Proper.ty 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 all Development in EC 9.6000 through 9.6885 and the development standards applied to the R-2 zone in EC 9.2750 and 9.2751, except that there shall be no minimum density requirement and except that EC 9.6200 to 9.6255 and EC 9.6400 to 9.6440 do not apply. (4) Non-Residential Development Standards. Except as provided in subsection (d)(5), all non-residential development allowed pursuant to subsection (d)(2) shall be governed by General Standards for all Development in EC 9.6000 through 9.6110 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 Landscaoin~. 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 a 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 spaces may be used in its present condition for Specialty Retail and Specialty Food and Beverage uses. 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 described on the attached Exhibit B. Ordinance - 3 C:\Documents and Settings\ceplkrk\Local Settings\Temporary Internet Files\OLKC\Johansen-Moody Hist. Ordinance - Draf~ (00097049)2.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 C:\Documents and Settings\ceplkrk\Local Settings\Temporary Intemet Files\OLKC\Johansen-Moody Hist. Ordinance - Draft (00097049)2.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 ofBriarcliffDrive. 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 I, 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 traffic on River Road.. Thi~ 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 hearing on April 26, 2004. Referrals were forwarded 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 uotice. Public testimony at the hearing included Rob Handy, representing the River Road Johansen-Moody House (HD 04-01) May 27, 2004 Page I EXHIBIT_ A PAGE .... ! _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 III-!-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 iReverend 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 asa 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 EXHIBIT_ A ._0F_¢ , 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 auy 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 sig~fificant 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 EXHIBII A PACE 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 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 daughteD 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 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 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 of a tyt~e, 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 Johansen-Moody House (HD 04-01) May 27, 2004 Page 4 EXHIBIT P^C~ q _OF 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 044) 1) May 27, 2004 Page 5 EXHIBIT ....A PAGE ~ OF ~ .... commemorative historic resource, making this criterion not applicable. (c) A historic resource achieving significance 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: ~' ?"~~~ior Planner Date: //~ 0~7/ ~t~tS>~ Johansen-Moody House (HD 04-01) May 27, 2004 Page 6 EXHIBIT B To Ordinance No. Legal Description Land County Assessor's Map 17-04-25-2 1, Parcel 7404 Johansen/Moody House Commencing at the Northwest comer of the East half of 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 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. Exhibit B Exhibit C Findings for CA 04-01 and 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 ora new Special Area Zone. 9.3020 Criteria for Establishment of 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 and C-1 zones for residential and nonresidential development, respectively. (3) Except for areas zoned S-H Historic Special Area zone, the area to be classified S Special Area includes at least ~A 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 o fa 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 o fuses 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 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 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 reasons 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 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 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 application. Exhibit C - 4 (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: (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 S-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), 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. Exhibit C - 5