The URL can be used to link to this page

Home My WebLink AboutApplication Materials Schirmer Consulting, LLC · PO Box 10424, Eugene, OR 97440 · (541) 234-5108 Landscape Architecture + Land Use Planning ADJUSTMENT REVIEW APPLICATION FLORAL HILL TERRACE SUBDIVISION Assessor’s Map Tax Lot 18 03 04 42 2300 September 11, 2026 Floral Hill Terrace Subdivision Adjustment Review Application– Written Statement 2 September 11, 2026 Schirmer Consulting, LLC · PO Box 10424, Eugene, OR 97440 · (541) 234-5108 Landscape Architecture + Land Use Planning Table of Contents Adjustment Review Application .................................................................................... 3 – 4 General Site Plan Requirements ......................................................................................... 5 Adjustment Review Written Statement ........................................................................ 6 - 12 Floral Hill Terrace Subdivision Adjustment Review Application– Written Statement 3 September 11, 2026 Schirmer Consulting, LLC · PO Box 10424, Eugene, OR 97440 · (541) 234-5108 Landscape Architecture + Land Use Planning September 11, 2026 ADJUSTMENT REVIEW APPLICATION Project Name Floral Hill Terrace Subdivision PROPERTY OWNER / APPLICANT DevNW 212 Main Street Springfield, OR 97477 Contact: Luke Lonstron Phone: APPLICANT’S REPRESENTATIVE Land Use Planner, Landscape Architect Schirmer Consulting, LLC PO Box 10424 Eugene, OR 97440 Contact: Carol Schirmer email: CIVIL ENGINEER KPFF Consulting Engineers 800 Willamette Street Suite 400 Eugene, OR 97401 Contact: Anna Backus SURVEYOR Roberts Surveying, Inc. 2811 Lydick Way Eugene, OR 97401 Contact: Kent Baker ARCHITECT Aligned Architecture 433 West 10th Avenue Suite 100 Eugene, OR 97401 Contact: Nir Pearlson email: Floral Hill Terrace Subdivision Adjustment Review Application– Written Statement 4 September 11, 2026 Schirmer Consulting, LLC · PO Box 10424, Eugene, OR 97440 · (541) 234-5108 Landscape Architecture + Land Use Planning ATTORNEY Tomasi Bragar DuBay 121 SW Morrison Street, Suite 1850 Portland, OR 97004 Contact: Jennifer Bragar Email: The following is specific proposal information from the Adjustment Review Application Checklist. This information addresses the project on the development site located on Floral Hill Drive.. MAP and TAX LOT and ZONING Assessor’s Map: 18 03 04 42 Tax Lot: 02300 Zoning: R-1 CODE SECTIONS PROPOSED FOR ADJUSTMENT REVIEW EC 9.6735(2) Public Access Required EC 9.6885(2)(e) Tree Preservation Requirements. TYPE Subdivision DOES THE ADJUSTMENT REQUEST AFFECT AT LEAST TWO OF THE FOLLOWING? a) Maximum front yard setbacks b) Building orientation c) Building entrances d) On-site pedestrian circulation e) Block requirements or street layout No. DOES THE ADJUSTMENT INCLUDE STORMWATER FACILITIES? No. DOES THE ADJUSTMENT INCLUDE AN ADJUSTMENT OF INTERNAL VEHICLE STACKING AT EUGENE CODE SECTION 9.6703(3)(a)? No. ASSOCIATED PENDING LAND USE APPLICATION OR BUILDING PERMIT NUMBERS? Tentative Subdivision Floral Hill Terrace Subdivision Adjustment Review Application– Written Statement 5 September 11, 2026 Schirmer Consulting, LLC · PO Box 10424, Eugene, OR 97440 · (541) 234-5108 Landscape Architecture + Land Use Planning General Site Plan Requirements Date, north arrow, scale See Site Plan. Assessor’s Map and Tax Lot number See Site Plan. Vicinity Map See Site Plan Site Plan Boundary Dimensions See Site Plan. Existing Structures See Site Plan. Show Features Related to Development See Site Plan. Show access to the development site. See Site Plan. Site Plan Prepared, Stamped, and Signed See Site Plan. Floral Hill Terrace Subdivision Adjustment Review Application– Written Statement 6 September 11, 2026 Schirmer Consulting, LLC · PO Box 10424, Eugene, OR 97440 · (541) 234-5108 Landscape Architecture + Land Use Planning PROPOSED DEVELOPMENT The client proposes to develop a 12 lot residential Subdivision for the construction of Middle Housing units. Applicant requests that these adjustments be reviewed concurrently with the City's File entitled Floral Hill Terrace (ST 26-02). When Applicant responds to the completeness review in that file, the same concurrent review will be requested. LOCATION and SITE CONTEXT The subject property is in the Laurel Hill Valley Citizens Neighborhood on the east side of Floral Hill Drive. The site is fairly steep and consists of open meadows, remnants of an old fruit orchard, and other unmaintained areas of dense vegetation (i.e. invasive blackberries, trees damaged by storms and disease, etc.) The property borders undeveloped and partially developed property to the north, south and east and is bordered on the west side by Floral Hill Drive. To the north is a single unit dwelling on 3 acres of unannexed property. To the south are primarily single unit dwellings and a vacant lot (Tax Lot 203). To the east are primarily single unit dwellings, a platted but unimproved Subdivision (Village Land Trust Subdivision), and a vacant lot (Tax Lot 1600). The subject property is zoned R-1 REASON FOR ADJUSTMENT #1 Lots 1, 2, 3, 7, 8, and 12 of the proposed Floral Hill Terrace Subdivision will each be developed with a fourplex. Each fourplex includes a safety island measuring less than 22 feet in width between access connections. The units within each fourplex are currently under common ownership and will remain so until the individual units are sold. REASON FOR ADJUSTMENT #2 Due to the site’s steep topography, the proposed housing density requires significant grading and infrastructure improvements to accommodate required streets, utilities, stormwater management, development of housing and safe site access. As a result, retention of existing trees is substantially constrained, and tree removal is necessary to facilitate the required development improvements. In this case all the trees will be removed. TREE HEALTH Tree health is not a criterion in the context of this Adjustment Review but is not to be overlooked. Although tree removal is necessary to accommodate the proposed development, it should also be noted that many of the existing trees are in poor condition. A substantial number of the trees are diseased, structurally compromised, damaged by past ice storms, or have experienced long-term deferred maintenance. In addition, portions of the site contain remnants of an abandoned fruit orchard, including aging orchard trees that are no longer viable or appropriate for preservation within the context of urban residential development. As a result, many of the trees proposed for removal have limited long-term health, stability, or preservation value. Of the trees listed for removal only a single tree is listed in "good" condition and all other trees are in fair to poor condition. The site is long-overdue for a refresh of landscape and tree installation, which will be resolved by this development. Overall, the new landscape will enhance the tree status of the site over and beyond the existing quality. Adjustment Request #1 Code Section to Adjust EC 9.6735 Public Access Required. (2) Access from a public street to a development site shall be located in accordance with EC 7.420 Access Connections – Location. If a development will increase the Floral Hill Terrace Subdivision Adjustment Review Application– Written Statement 7 September 11, 2026 Schirmer Consulting, LLC · PO Box 10424, Eugene, OR 97440 · (541) 234-5108 Landscape Architecture + Land Use Planning development site’s peak hour trip generation by less than 50% and will generate less than 20 additional peak hour trips, the development site’s existing access connections are exempt from this standard. 7.420 Access Connection-Location (3) Access Connections to Local and Neighborhood Collector Streets. In addition to the location standards set forth in EC 7.420(1), access connections to local and neighborhood collector streets shall be located in accordance with the following standards: (b) A safety island of not less than 22 feet of full height curb shall in all cases be provided between access connections under one ownership. (3) The standard at (2) may be adjusted if consistent with the criteria of EC 9.8030(28). Adjustment Review Approval Criteria EC 9.9030 (28) Public Access Required. The public access requirement of 9.6735(2) may be adjusted if the site developer demonstrates any of the following: (a) Physical conditions preclude compliance with EC 7.420. Such conditions may include, but are not limited to, topography, trees, existing buildings or other existing development on the subject property or adjacent property. Not applicable. (b) The proposed adjustments to the standards will provide safe ingress and egress to the development site, will not negatively impact the efficiency of the public right-of-way, and will not result in a hazard to the bicycle, pedestrian or vehicular traffic using the right-of-way. The proposed adjustment will provide safe ingress and egress and will not negatively impact the efficiency or safety of the public right-of-way. The lots will each be developed with an attached fourplex, with individual driveways aligned directly with the corresponding garages. Because the units are attached, the physical separation needed to provide 22 feet between adjoining driveways is not available. The proposed design allows vehicles to enter and exit each garage along a straight and predictable path. The driveways serve individual dwelling units and will generate relatively few vehicle movements. The reduced separation between driveways will not impair ingress or egress, reduce the efficiency of the right-of-way, or create a hazard for bicycle, pedestrian, or vehicular traffic. In this circumstance, strict application of the 22-foot separation standard would not provide a meaningful safety benefit and would result in a less functional access design. (c) The proposed development will not impact one or more of the existing access connections to the development site. Impact to an existing access connection includes, but is not limited to, increasing the number of vehicles, either directly or indirectly, that will utilize an existing access connection for ingress or egress to the development site. Each fourplex lot is considered a separate development site. No existing access connections currently serve these development sites; all of the driveway connections associated with the fourplexes are proposed as part of this development and access connections have been assessed by Sandow Engineering as part of the subdivision review ensuring that the street design is to adequately address vehicle capacity anticipated with full development. Because the adjustment neither modifies an existing access connection nor increases the number of vehicles using one, the proposed development will not impact an existing access connection. Floral Hill Terrace Subdivision Adjustment Review Application– Written Statement 8 September 11, 2026 Schirmer Consulting, LLC · PO Box 10424, Eugene, OR 97440 · (541) 234-5108 Landscape Architecture + Land Use Planning (d) Compliance with EC 7.420(1)(c) will result in traffic patterns inconsistent with the character of the property located within a quarter mile radius of the development site or will increase the number of vehicular trips using the street with the lower classification above the typical daily trip range for that street’s classification. Not applicable. Adjustment #1 Conclusion: As the site design accommodates safe ingress and egress between the contemplated units and the access connections planned for this development and the above criteria are met, Applicant requests approval of Adjustment #1. Adjustment Request #2 Code Section to Adjust EC 9.6885(2)(e) Tree Preservation Requirements Unless adjusted per EC 9.8030(13), significant trees must be preserved in accordance with the requirements of Table 9.6885(2)(e). EC 9.6885 Tree Preservation and Removal Standards (2) Tree Preservation and Removal Standards. (e) Tree Preservation Requirements. Unless adjusted per EC 9.8030(13) . . . This is an application for an Adjustment Review per EC 9.8030(13). 1. A Tree Preservation and Removal Plan is required except as provided in EC 9.6885(2)(d) or EC 9.6885(2)(e)3. The plan must be prepared by a certified arborist, licensed landscape architect, licensed engineer, or licensed surveyor and shall provide the following: This Tree Preservation and Removal Plan is being prepared by a licensed landscape architect. a. A table, organized by the location categories listed in Table 9.6885(2)(e), listing all significant trees on the development site and including the following information for each listed tree: (1) Diameter Breast Height (d.b.h.) (2) Preservation, removal, or mitigation status (3) Common name, genus and species The table containing all this information is shown on the plan. b. A site plan that includes the following information: (1) The locations of all significant trees on the development site, the Diameter Breast Height (d.b.h.) for each significant tree, whether each significant tree is to be preserved, removed, or mitigated according to EC 9.6885(2)(e)2., and the location of the critical root zone (CRZ) for each significant tree to be preserved. This information is shown on the plan. Critical Root Zones have been shown only for those trees that are Technical Fells. Critical Root Zones of all other trees are impacted 100% by the proposed grading, proposed utilities and other proposed improvements. There is no utility in showing the Critical Root Zones for these trees and doing so would unnecessarily increase the costs of this project. Floral Hill Terrace Subdivision Adjustment Review Application– Written Statement 9 September 11, 2026 Schirmer Consulting, LLC · PO Box 10424, Eugene, OR 97440 · (541) 234-5108 Landscape Architecture + Land Use Planning (2) The location of all existing and/or proposed public and private utility easements, driveways, and areas of grading or excavation on the development site. Shown on Tree Preservation and Removal Plan. A second sheet has been added to the package to show only proposed grades to provide abundant evidence that the entire site will be impacted by grading. (3) The location of all existing development on the site as well as the location of development proposed in the land use application that triggers the requirement for a Tree Preservation and Removal Plan. Shown on Tree Preservation and Removal Plan. (4) Proposed lot or parcel boundaries. Shown on Tree Preservation and Removal Plan. (5) For development sites with any portion located within the South Hills Area, identification of areas at or above 500 feet elevation and areas at or above 900 feet elevation. The elevations are shown on the Tree Preservation and Removal plan showing that the entire site is between the elevations of approximately 530 and 610 feet. c. A written statement from a certified arborist or licensed landscape architect that the Tree Preservation and Removal Plan meets EC 9.6885(2)(e) Tree Preservation Requirements. If the Tree Preservation and Removal Plan is prepared by a certified arborist or licensed landscape architect, then the written statement otherwise required by this subparagraph is not required. The Tree Preservation and Removal Plan is prepared by a licensed landscape architect. Adjustment Review Approval Criteria EC 9.8030(13) Tree Preservation and Removal Standards Adjustment. The minimum tree preservation requirement and maximum mitigation allowance of EC 9.6885(2) may be adjusted if one of the conditions listed in subparagraph (a) below applies and the proposed design complies with the criteria in subparagraph (b): Under ORS 197A.400(1)(B) all tree code related to housing development must be clear and objective. Therefore, the code language for adjustments to the tree code must also be also be clear and objective. Many aspects of the tree adjustment code are not clear and objective. Thus, the adjustment code cannot be applied without violating state law. Adjustment to the tree code is available with findings related to existing conditions under EC 9.8030(13)(a)(1)-(3), "1. Strict compliance with tree preservation and removal standards is not feasible due to other requirements of this code or existing site constraints such as topography or other natural features; or 2. An adjustment to the minimum tree preservation and/or mitigation requirement is necessary in order to achieve a net density greater than 75 percent of the maximum net density for the applicable zone; or Floral Hill Terrace Subdivision Adjustment Review Application– Written Statement 10 September 11, 2026 Schirmer Consulting, LLC · PO Box 10424, Eugene, OR 97440 · (541) 234-5108 Landscape Architecture + Land Use Planning 3. The existing trees required to meet the minimum preservation requirement are unlikely to survive the level and type of anticipated development due to susceptibility to windthrow or other natural causes of failure." (underlined emphasis added). The terms "feasible" and "necessary" are undefined. Specifically, the term "feasible" refers to existing site constraints or other requirements of the code. However, site constraints could plausibly to be interpreted to mean increased costs of infrastructure or other market-type constraints. The term "unlikely to survive" also could be ambiguous and left for interpretation based on differing opinions of arborists or landscape architects. Further, the anticipated development could mean just this particular subdivision development or future development. Additionally, the adjustment criterion EC 9.080(13)(b)(1) states, " The proposed reduction in the minimum tree preservation requirement or increase in mitigation allowance is necessary to accommodate a reasonable level of development." (underlined emphasis added). The criterion is subjective because the code uses the phrases "necessary" and "reasonable level of development." Use of terms like necessary and reasonable are not clear and objective and leave the City with discretion to determine the same. What is necessary and what is reasonable, are not defined in the zoning definitions. Since the tree adjustment code is not clear and objective, it cannot be applied to the applicant. Nonetheless, as shown below, the Applicant can satisfy the criteria for an adjustment. (a) Conditions. To qualify for an adjustment, one of the following conditions must apply: 1. Strict compliance with tree preservation and removal standards is not feasible due to other requirements of this code or existing site constraints such as topography or other natural features; or Due to the steep topography of the site, construction of the required roads, buildings, and utilities will require grading across the entire site, not just within the footprints of the proposed improvements. Trees must be removed both where roads, buildings, and utilities will be constructed and in the surrounding areas necessary to establish the proposed grades. As shown by the proposed contours on the attached plans, no portion of the site will retain its existing grade; the entire site will be disturbed. An additional plan depicting the proposed contours only together with the roads and buildings has been provided to make the extent of this disturbance more graphically clear. 2. An adjustment to the minimum tree preservation and/or mitigation requirement is necessary in order to achieve a net density greater than 75 percent of the maximum net density for the applicable zone; or The project site is 2.9 acres net. The maximum density allowed east of Friendly Street in the South Hills is 5 units per acres. 5 units per acres x 2.9 net acres = 14.5 units. The development is proposing 12 lots or 83% of maximum net density. The project only achieves this net density with the addition of the lots on Verdance Court which necessitates the removal of the trees in that area. 3. The existing trees required to meet the minimum preservation requirement are unlikely to survive the level and type of anticipated development due to susceptibility to windthrow or other natural causes of failure. See attached Tree Preservation and Removal Plan showing proposed grading. The existing Floral Hill Terrace Subdivision Adjustment Review Application– Written Statement 11 September 11, 2026 Schirmer Consulting, LLC · PO Box 10424, Eugene, OR 97440 · (541) 234-5108 Landscape Architecture + Land Use Planning trees required to meet the minimum preservation requirements will not survive the level and type of anticipated development as a result of disturbance to the majority of their root zone. In many cases, 100%. The proposed adjustment meets all of these requirements because the proposed design necessitates removal of the trees. This criterion is met. (b) Criteria. To qualify for an adjustment, the proposed design must meet the following criteria: 1. The proposed reduction in the minimum tree preservation requirement or increase in mitigation allowance is necessary to accommodate a reasonable level of development. It cannot be overstated that there is a critical need for housing, especially affordable housing. The proposed reduction in the minimum tree preservation requirement is necessary to accommodate a reasonable level of housing development on the site. The proposal is being reviewed under the Clear and Objective Standards for housing. Given the site constraints and the grading, utility, and street improvements required to serve the development, additional tree preservation would substantially limit the ability to construct the proposed residential project. 2. In no case shall the minimum tree preservation requirement be reduced below 30% for areas at or above 900 feet elevation and areas within the Willamette River Greenway Tree Preservation Zone 1, as depicted in Exhibit B-1 to Ordinance No. 20693. The development site is not above 900 feet or in the Willamette Greenway. 3. Except for areas at or above 900 feet elevation and areas within Willamette River Greenway Tree Preservation Zone 1 as depicted in Exhibit B-1 to Ordinance No. 20693, proposals may mitigate up to 100% of the minimum tree preservation requirement if the following requirements are met: a. For proposed subdivisions, new trees must be planted so that lots up to 7,000 square feet in area will contain a minimum of two trees and lots 7,000 square feet or more will contain a minimum of three trees. Lots 1 – 11 are 7,000 square feet or more, and Lot 12 is less than 7,000 square feet. They will be planted with a minimum of 3 trees. A note has been added to the Site Plan “For lots 7,000 sf or more, a plan demonstrating the planting of three new trees will be provided at time of building permit. For lots under 7,000 sf, a plan demonstrating the planting of two new trees will be provided at time of building permit”. Therefore, the total tree planting under this adjustment will be 54 trees. In addition, and separate from this adjustment, street trees are being planted and the site will ultimately be developed with 72 trees. 4. For areas at or above 900 feet elevation, and areas within Willamette River Greenway Tree Preservation Zone 1 . . . The development site is not above 900 feet or in the Willamette Greenway. 5. For areas within Willamette River Greenway Tree Preservation Zone 2 . . . . The development site is not in the Willamette Greenway. 6. New trees planted to meet mitigation requirements are subject to the requirements at EC 9.6885(2)(e)2.d. Installation and Maintenance. Floral Hill Terrace Subdivision Adjustment Review Application– Written Statement 12 September 11, 2026 Schirmer Consulting, LLC · PO Box 10424, Eugene, OR 97440 · (541) 234-5108 Landscape Architecture + Land Use Planning Unless otherwise specified, each significant tree designated for mitigation must be replaced with one tree selected from the approved species listed in Table 9.6885(2)(e)2 within one year from the date of removal or prior to final occupancy, whichever is later. Applicant will meet the requirements for installation and maintenance of the trees and select replacement trees from the approved species list consistent with this provision. 7. Trees planted to meet applicable landscape standards may be counted toward mitigation requirements. See response to subsection (b)(3) above and incorporated here by reference. This criterion is satisfied. 8. Except as provided in EC 9.8030(13)(b)(9), existing trees that are located on the development site may be designated for preservation and counted toward mitigation requirements in lieu of planting new trees if: No existing trees are being preserved. 9. The provisions of EC 9.8030(13)(b)(8) do not apply to portions of a development site located within the Willamette River Greenway. The project is not located in the Willamette Greenway. Conclusion Adjustment #2 The proposed adjustment allows the site to accommodate affordable housing at the proposed density while balancing the site’s physical constraints and applicable development standards. Greater tree retention would substantially constrain grading, infrastructure, and building placement, resulting in fewer housing units on the site. All of the above criteria have been met. We look forward to your review and approval of the Floral Hill Terrace Adjustment Review and the addition of more housing opportunities, and healthy and context appropriate trees, for the city of Eugene. Sincerely, Schirmer Consulting, LLC Carol Schirmer Principal