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HomeMy WebLinkAboutApplication Materials 2409 Nixon Street, Eugene Oregon 97401 Middle Housing Land Division Tentative Plan Submitted: October 1, 2026 Applicant/Owner: 2409 Nixon, LLC 3222 Riverplace Drive Eugene, OR 97401 Prepared by: LUA Consulting PO Box 5831 Eugene, OR 97405 KGI - Nixon MHT Page 2 of 11 Written Statement October 1, 2026 2409 NIXON MIDDLE HOUSING LAND DIVISION – TENTATIVE PLAN PART I – SUMMARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART II – BACKGROUND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PART III – OREGON REVISED STATUTES DEVELOPMENT STANDARDS ORS 92.031 - Middle Housing Land Division Tentative Plan Application Requirements 5 Tentative Plan Approval Criteria 5 PART IV – CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ATTACHMENTS Attachment “A” Property Description Card Attachment “B” Preliminary Title Report DRAWINGS Sheet 1 – 2409 Nixon - Tentative Middle Housing Land Division Plan KGI - Nixon MHT Page 3 of 11 Written Statement October 1, 2026 PART I - SUMMARY Project Name: 2409 Nixon Street Middle Housing Land Division – Tentative Plan Project Proposal: This application seeks Planning Approval for a Middle Housing Land Division Tentative Plan to allow for the creation of two Middle Housing Child lots located at 2409 Nixon Street in Eugene, Oregon 97401 The owner proposes to divide the subject property into two legal Middle Housing Duplex lots. Each proposed Middle Housing Lot will include a Middle Housing Duplex Dwelling Unit post division. Application: Middle Housing Land Division – Tentative Plan Project Location: 2409 Nixon Street, Eugene, Oregon 97401, Assessor’s Map: 18-03-05-41 Tax Lot: 7200 Total Acres: Approximately 0.13 acres Current Zoning: R-1, Low Density Residential Existing Use: Single Unit Dwelling Residential Proposed Use: Middle Housing Duplex Residential Proposed Lots: Parcel 1 Existing Use: Residential Area: Approx. 3,458 SF (0.08 Acres) Parcel 2 Existing Use: Residential Area: Approx. 2,397 SF (0.05 Acres) KGI - Nixon MHT Page 4 of 11 Written Statement October 1, 2026 Project Team: Owner/Applicant 2409 Nixon, LLC Contact: Robert Grand 3222 Riverplace Drive Eugene, OR 97401 Owner’s Representative/ Land Use Professional LUA Consulting Contact: Jordan Cogburn, AICP PO Box 5831 Eugene, OR 97405 Surveyor Udell Engineering & Surveying, LLC Contact: Kyle Latimer, PLS 63 E Ash St. Lebanon, OR 97355 KGI - Nixon MHT Page 5 of 11 Written Statement October 1, 2026 PART II – BACKGROUND The subject site is located at 2409 Nixon Street, Eugene, Oregon 97403, along the southeast corner of East 24h Avenue and Nixon Street, east of Emerald Street, and west of Agate Street. The development site is located in the R-1 – Low Density Residential Zone. Frontage for Middle Housing Lot 1 will remain along the fully developed East 24th Avenue, a Minor Arterial, and fully developed Nixon Street, a Local Street. Frontage for Middle Housing Lots 2 will remain along the fully developed E 24th Avenue. Sewer, water, natural gas, overhead power, and stormwater facilities are located in the 24th Avenue right-of-way, and additional gas and water facilities are located in the Nixon Street right-of-way. Proposed Middle Housing Duplex Lot 1 will retain the existing single unit dwelling, which will be converted to a Middle Housing Duplex Unit post approval. The preexisting accessory structures on Proposed Middle Housing Lot 2 will be demolished prior to Final Middle Housing Land Division application submittal ensuring that the approved Middle Housing Duplex Child Lot contains only one Middle Housing Duplex Dwelling post approval. This application seeks to establish individual Middle Housing Duplex Lots, as permitted by Oregon Revised Statute (ORS) 92.031. PART III – EUGENE CODE DEVELOPMENT STANDARDS Part III addresses compliance with applicable development standards in Eugene Code (EC). Each applicable development standard is listed below in bold italics followed by findings demonstrating compliance. 9.8193 - Middle Housing Land Division, Tentative Plan Application Requirements. In addition to the provisions in EC 9.7010 Application Filing, the following specific requirements apply to middle housing land division tentative plan applications: (1) The tentative plan included in the middle housing land division application must be prepared by an Oregon licensed land surveyor. The tentative plan included in this Middle Housing Land Division Tentative Plan Application was prepared by Kyle Latimer, PLS with Udel Engineering and Land Surveying, LLC, an Oregon licensed surveyor whose license #80442 expires December 31, 2026. (2) The application must include a preliminary title report. The required Preliminary Title Report is attached for review. (3) The application must identify all contiguous property under the same ownership as the property to be divided. No contiguous lots are under the same ownership as the property to be divided. (4) The application must be signed by the owner of the property to be divided. The application has been signed by the owner. KGI - Nixon MHT Page 6 of 11 Written Statement October 1, 2026 (5) The property to be divided must be a legal lot. The property is a legal lot as determined by the Emerald Addition Plat (Lot 2, Block 1). Please see the attached Property Description Card. 9.8194 - Middle Housing Land Division, Tentative Plan Approval Criteria. The planning director shall approve, conditionally approve, or deny the middle housing land division tentative plan application based on compliance with the following criteria: (1) If the property to be divided is not yet developed with middle housing: The site contains a single unit dwelling to be converted to a Duplex Unit post construction of one additional unit on Proposed Parcel 2. As such, these criteria are applicable. (a) The application proposes development of middle housing on the lot or parcel to be divided; and As shown on the Tentative Partition Map, proposed Parcel 1 is currently developed with a single unit dwelling. This unit will be converted as part of the Middle Housing Land Division to one of two Middle Housing Duplex units upon recording of the Final Plat. As such, all proposed Middle Housing Child Lots will contain middle housing developments post approval. (b) The lot or parcel or be divided is developable with middle housing consistent with the following: 1. EC 9.2750; 2. EC 9.2751; 3. EC 9.2760; 4. EC 9.2761; 5. EC 9.2775; and 6. EC 9.5550. EC 9.2750 – Residential Development Standards Table 9.2750 As noted above, the site is Zoned R-1 – Low Density Residential. Density Minimum: No Minimum Density Maximum: 14 Units per acre The site is approximately 0.13 acres and is proposed as a Middle Housing Duplex, which would allow for a maximum of two units. However, at EC 9.2751(1)(b), the maximum residential density requirements do not apply to Duplexes. Maximum Building Height 30 feet Minimum Building Setback Front Yard 10 feet Garages/Carports 18 feet Interior Yard Setback 5 feet or 10 feet between buildings. Lot Coverage KGI - Nixon MHT Page 7 of 11 Written Statement October 1, 2026 Duplexes 60% The existing single unit dwelling (Parcel 1) met all relevant development standards at the time of permit issuance. Proposed Parcel 2 is currently developed with two accessory structures to be removed prior to Final Plat approval. At the time of future building permit submittal, each structure will conform to the minimum Eugene Code Development Standards at EC 9.5550(4) prior to approval. EC 9.2751 – Special Development Standards for Table 9.2750 (1) Density As noted above, the maximum residential density requirements do not apply to Middle Housing. (2) Driveways and Parking Areas These standards do not apply to developments subject to the standards at EC 9.5550. EC 9.2760 – Residential Zone Lot Standards Lot Area Minimum Duplex Lots 2,250 square feet The existing parent Lot of the proposed Middle Housing Land Division is approximately 5,855 square feet. EC 9.2761 – Special Standards for Table 9.2760 (6) Duplex and Triplex Lot Frontage and Width. The minimum lot frontage and minimum lot width is 35 feet for interior and corner triplex lots. The proposed Duplex Parent Lot has an existing frontage of 100 feet on 24th Avenue and approximately 58.48 feet on Nixon Street, as noted on the Tentative Middle Housing Land Division Map. (8) Middle Housing Lots. Middle Housing Lots shall comply with EC 9.2777 Middle Housing Lot Standards. (1) There are no frontage, width, or lot area standards for middle housing lots. This is understood. (2) A middle housing lot may not contain more than one middle housing unit. A middle housing lot that includes a common area, but does not include a dwelling, is permitted. Both of the proposed middle housing lots will contain exactly one middle housing unit post division. (3) A middle housing lot may not be divided. This is understood. EC 9.2775 - Residential Flag Lot Standards for R-1, R-2, R-3 and R-4. No Flag Lots are included in this application. Therefore, these criteria are not applicable. KGI - Nixon MHT Page 8 of 11 Written Statement October 1, 2026 EC 9.5550 – Middle Housing Development Standards Per EC 9.5550(2)(a)(1), the Middle Housing Development Standards are not applicable to Middle Housing Duplexes. (2) If the property to be divided is developed with middle housing: As noted above, the site is not currently developed with Middle Housing. Therefore, these criteria are not applicable. (3) The proposed middle housing land division complies with all of the following: (a) EC 9.2777, Middle Housing Lot standards; 9.2777 - Middle Housing Lot standards (1) There are no frontage, width, or lot area standards for middle housing lots. This is understood. (2) A middle housing lot may not contain more than one middle housing unit. A middle housing lot that includes a common area, but does not include a dwelling, is permitted. The proposed middle housing lots will contain exactly one middle housing unit post division. (3) A middle housing lot may not be divided. This is understood. (b) EC 9.6505, Improvements, Specifications for any street frontage improvements required for middle housing lots that abut a street; (1) Water Supply. All developments shall be served by the water system of the Eugene Water & Electric Board. Water is currently supplied by EWEB and future connections will also be served by EWEB. (2) Sewage. All developments shall be served by the wastewater sewage system of the city, complying with provisions in Chapter 6 of this code. Proposed Parcel 1 and Proposed Parcel 2 are currently served or will be served at the time of building permit submittal by the wastewater sewage system of the city, complying with provisions in Chapter 6 of this code. (3) Streets and Alleys. (a) The developer shall grade and pave all streets and alleys in the development site. There are no proposed streets or alleys as part of this Middle Housing Land Division Tentative Plan application. (b) The developer shall pave streets and alleys adjacent to the development site to the width specified in EC 9.6870 Street Width, unless such streets and alleys are already paved to that width, provided the City makes findings KGI - Nixon MHT Page 9 of 11 Written Statement October 1, 2026 to demonstrate consistency with constitutional requirements. This is understood. No new development is proposed as part of this Middle Housing Land Division application. Therefore, this standard is not applicable. (c) The standard at (3)(b) may be adjusted if consistent with the criteria of EC 9.8030(19). This is understood. (4) Sidewalks. Sidewalks shall be located, designed and constructed according to the provisions of this land use code, the Design Standards and Guidelines for Eugene Streets, Sidewalks, Bikeways and Accessways, construction and design standards adopted pursuant to Chapter 7 of this code, and other adopted plans and policies. This is understood. No new development is proposed as part of this Middle Housing Land Division application. Therefore, this standard is not applicable. (5) Bicycle Paths and Accessways. Bicycle Paths and Accessways shall be designed and constructed according to provisions of this land use code, the Design Standards and Guidelines for Eugene Streets, Sidewalks, Bikeways and Accessways, construction and design standards adopted pursuant to Chapter 7 of this code, and other adopted plans and policies. No new bicycle paths or accessways are proposed or required as part of this land division application. Therefore, this standard is not applicable. (c) EC 9.6805, Dedication of Public Ways; and This is understood. As show on the Tentative Partition Map, no public ways are proposed as part of this land division application. (d) All other applicable development standards for features explicitly included in the application. No development plans are included in this Middle Housing Land Division. However, standards regarding access connections, motor vehicle parking, and stormwater, including those at EC 7.410, 7.420, 9.6410, and 9.6791 through 9.6797, will be addressed at the time of future building permit submittal. (4) The following easements are shown on the tentative plan: (a) Easements necessary for locating, accessing, replacing, and servicing all utilities; No new easements are proposed as each Child Lot has direct access to the public right-of-way and the necessary utilities. (b) Easements for pedestrian access from each dwelling unit to a street; Each proposed parcel has direct access to a public right-of-way. As such, no pedestrian access easements are shown. KGI - Nixon MHT Page 10 of 11 Written Statement October 1, 2026 (c) Easements necessary for any common areas or shared building elements; No common areas or shared building element are proposed. Therefore, this criterion is not applicable. (d) Easements necessary for any shared driveways or parking. No shared driveways or parking areas are proposed. Therefore, this criterion is not applicable. (5) Separate utilities are provided for each dwelling unit. Separate utilities will be provided for each dwelling unit. (6) The middle housing land division results in one dwelling unit on each middle housing lot, except lots, parcels or tracts that include a common area. Lots, parcels or tracts that include a common area, but do not include a dwelling unit, are permitted. Each Middle Housing Lot will have one dwelling unit. (7) The application demonstrates that buildings or structures on the middle housing lots created by the middle housing land division will comply with applicable building code provisions related to new property lines; and, notwithstanding the creation of new lots or parcels, that structures or buildings located on the middle housing lots will comply with the Oregon Residential Specialty Code. The existing structure on Proposed Parcels 1 meets the minimum building code setback requirements to all existing property lines. The proposed division will create one new interior lot lines approximately 5 feet from the existing single unit dwelling in compliance with the minimum fire separation requirement. Future development of Proposed Parcel 2 will be designed to comply with the applicable ORSC. (8) The following notes are included on the tentative plan: (a) The middle housing lots shown on the tentative plan were created pursuant to a middle housing land division and may not be further divided. See the Tentative Middle Housing Land Division Map for this note. (b) The middle housing developed on the middle housing lots shown on the tentative plan shall remain middle housing and shall not be considered to be any other housing type as a result of the middle housing land division. See the Tentative Middle Housing Land Division Map for this note. (9) The proposed middle housing land division will not cause any existing improvements on the middle housing lots to be inconsistent with applicable standards in this land use code. The proposed middle housing land division will not cause any existing improvements on the middle housing lots to be inconsistent with applicable standards within Eugene Code. KGI - Nixon MHT Page 11 of 11 Written Statement October 1, 2026 PART IV – CONCLUSION In conclusion, the proposed Middle Housing Land Division Tentative Plan application complies with applicable Eugene Code approval criteria or can be made so with appropriate and reasonable Conditions of Approval. The Written Statement, Attachments, and Tentative Partition Plan provide substantial evidence to support approval of the application. If there are questions or comments, please contact Jordan Cogburn at 541-780-5524, or Jordan@lua-consulting.com Sincerely, Jordan Cogburn, AICP LUA Consulting END OF WRITTEN STATEMENT Real Property Tax Lot Record Lane County Assessment and Taxation Print Date: Jun 24, 2025 In preparation of these records, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors in information may occur. In particular but without limiting anything here, Lane County disclaims any responsibility for typographical errors and accuracy of this information. The information and data included on Lane County servers have been compiled by Lane County staff from a variety of sources, and are subject to change without notice to the User. Lane County makes no warranties or representations whatsoever regarding the quality, content, completeness, suitability, adequacy, sequence, accuracy, or timeliness of such information and data. The legal descriptions contained herein are for tax lot purposes only. Included in this report: A listing of documents affecting ownership and/or property boundary changes.1. The scanned tax lot record image and any legal description changes made since .2. Map & Tax Lot 1803054107200 Status Active Current Parcel/Account Current TCA 0606408 00400 Document #Type Date Effective Year Tax Lot Acres 2023-029719 Warranty Deed 10/12/2023 2024 0.00 Comments: Description Card 0.00 Comments: MAIN OFFICE 675 OAK STREET, SUITE 100 EUGENE, OREGON 97401 PH: (541) 687-2233 * FAX: (541)485-0307 FLORENCE OFFICE 715 HWY 101 * FLORENCE, OREGON 97439 MAILING: PO BOX 508 * FLORENCE, OREGON 97439 PH: (541) 997-8417 * FAX: (541)997-8246 VILLAGE PLAZA OFFICE 4750 VILLAGE PLAZA LOOP, SUITE 100 EUGENE, OREGON 97401 PH: (541) 653-8622 * FAX: (541) 844-1626 STATUS OF RECORD TITLE REPORT GRAND REAL ESTATE / GRAND CAPITAL Date: SEPTEMBER 18, 2026 ATTN: ROBERT GRAND Our No: CT-0354376 Your No: -- Charge: $300.00 As requested, Cascade Title Co. has searched our tract indices as to the following described real property: ( A T T A C H E D ) and as of: SEPTEMBER 09, 2026 at 8:00 A.M., we find the following: Vestee: 2409 NIXON LLC, an Oregon Limited Liability Company Said property is subject to the following on record matters: 1. Property taxes in an undetermined amount, which are a lien but not yet payable, including any assessments collected with taxes to be levied for the fiscal year 2026-2027. 2. Easements, notes, conditions, restrictions and dedications as shown, set forth, and/or delineated on the recorded Plat of Emerald Addition to Eugene, recorded in Reception No. F011 S006, Lane County Oregon Plat Records. 3. Covenants, conditions, restrictions and easements, including the terms and provisions thereof, (but omitting covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, gender identity, familial status, marital status, disability, handicap, national origin, ancestry, source of income, or other legally protected classes as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law) in Declaration recorded May 14, 1940, Reception No. B204 P273, Lane County Oregon Deed Records. 4. Easements for utilities over and across the premises formerly included within the boundaries of East 24th Avenue, now vacated, as reserved by Vacating Ordinance No. 10107, recorded November 3, 1952, Reception No. 1952-089057, Lane County Official Records. *0354376* Order No. 0354376 Page 2 5. Deed of Trust, Assignment of Leases and Rents, Fixture Filing, and Security Agreement, including the terms and provisions thereof, executed by 2409 Nixon LLC, an Oregon limited liability company, Grantor, to Cascade Title, Trustee, for the benefit of BPL Mortgage, LLC, a Delaware limited liability company, Beneficiary, dated December 29, 2025, recorded December 30, 2025, Reception No. 2025-041174, Lane County Deeds and Records, to secure payment of a note for $451,500.00. NOTE: The property address as shown on the Assessor's Roll is: 2409 Nixon Street Eugene, OR 97403 NOTE: Taxes, Account No. 0606408, Assessor's Map No. 18 03 05 4 1, #7200, Code 4-00, 2025-2026, in the amount of $4,017.50, PAID IN FULL. This report is to be utilized for information only. This report is not to be used as a basis for transferring, encumbering or foreclosing the real property described. The liability of Cascade Title Co. is limited to the addressee and shall not exceed the premium paid hereunder. CASCADE TITLE CO., by: nb/rh: Title Officer: KURT BEATY Order No. 0354376 Page 3 PROPERTY DESCRIPTION Lot 2 in Block 1 of EMERALD ADDITION TO EUGENE, as platted and recorded in Book 11, Page 6, Lane County Oregon Plat Records, in Lane County, Oregon. TOGETHER WITH that portion of vacated East 24th Avenue inuring to said lot on the North, by operation of law, under Ordinance No. 10107, recorded November 3, 1952, Reception No. 89057, Lane County Official Records, in Lane County, Oregon.