HomeMy WebLinkAboutItem 1: Ordinance on EWEB Downtown Riverfront Property
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Public Hearing: An Ordinance Concerning the EWEB Downtown Riverfront Property
(City Files MA 12-1, RA 12-1, CA 12-4, Z 12-6 and WG 12-4)
Meeting Date: June 17, 2013 Agenda Item Number: 1
Department: Planning & Development Staff Contact: Gabe Flock
www.eugene-or.gov Contact Telephone Number: 541-682-5697
ISSUE STATEMENT
The City Council will hold a public hearing to consider adoption of a concurrent set of land use
applications that are proposed to implement the EWEB Riverfront Master Plan.
BACKGROUND
The proposal for implementing the EWEB Riverfront Master Plan includes a set of concurrent land
use applications that are needed to establish the regulatory framework for future redevelopment
of EWEB’s downtown riverfront property. City Council held two informational work sessions on
this topic prior to the public hearing, and two additional work sessions are scheduled after the
public hearing to deliberate and take action on the land use application package. The full package
of applications is briefly summarized below:
Metro Plan Amendment (MA 12-1): amends the Metro Plan diagram to reflect the master
plan vision for mixed-use redevelopment; changes land use designation from primarily
heavy industrial to mixed use.
Refinement Plan Adoption & Related Amendments (RA 12-1): adopts the EWEB Downtown
Riverfront Specific Area Plan; also amends the Downtown Plan and Riverfront Park Study to
remove obsolete sections and ensure consistency.
Code Amendments (CA 12-4): amends the Eugene Code to establish a new (S-DR) Downtown
Riverfront Special Area Zone including form-based standards for future redevelopment; also
includes related code amendments to integrate the new zoning with existing code sections.
Zone Change (Z 12-6): rezones the site from public land and industrial zoning to the new (S-
DR) Downtown Riverfront Special Area Zone.
Willamette Greenway Permit (WG 12-4): approves a Willamette Greenway Permit for future
development that is consistent with the new plan and zone.
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The Eugene Code and Downtown Plan require council’s approval of a master plan for the EWEB
riverfront site, prior to any redevelopment. The EWEB Riverfront Master Plan was developed
with the assistance of a nine-member Community Advisory Team (CAT) jointly appointed by the
council and EWEB Board of Commissioners. Over the course of two years and after a series of
public meetings, stakeholder interviews, and focus groups intended to solicit a broad cross-section
of community input, the conceptual master plan was completed in April 2010 and unanimously
approved by the EWEB Board of Commissioners in June 2010.
Since that time, EWEB’s consultant team has prepared the land use applications that are the
subject of this public hearing, and if adopted by council, will ensure the City’s regulations allow the
riverfront site to be redeveloped in accordance with the conceptual master plan. This package of
land use applications received a unanimous (7:0) recommendation for approval by the Eugene
Planning Commission on March 11, 2013, following the initial public hearing and deliberations.
The Planning Commission recommendation includes a number of modest refinements to the
proposed code which have been incorporated into the draft ordinance for council’s consideration.
The full record of materials, including a draft ordinance with supporting findings and exhibits, is
available for review in a binder located at the City Council Office and on the City’s website at:
http://www.eugene-or.gov/index.aspx?NID=2358. A copy of the draft ordinance and findings are
also included as Attachments A and B to this agenda item summary. Due to the size of the
ordinance exhibits, a full color copy is provided in the Council Office; otherwise, these materials
are available online using the link above, or additional hardcopies can be provided upon request.
The full record, and the draft ordinance with exhibits, will also be made available at the public
hearing and subsequent work sessions.
As a reminder, this request is subject to quasi-judicial procedures, which requires that the
council’s decision be based upon the applicable approval criteria. Those approval criteria include
Sections 9.7730, 9.8065, 9.8815, 9.8424, and 9.8865 of the Eugene Code, which are addressed in
the written findings in Attachment B.
Quasi-judicial procedures also dictate the order of speakers at the public hearing, and set forth
other procedural requirements such as the need for councilors to disclose “ex parte contact”. In
this case, staff has requested that councilors prepare a written disclosure of all ex parte contacts
for the record, which are included as Attachment C. At the beginning of the hearing, we will ask
that each councilor reference their written statement and confirm that the contacts listed are the
only additional contacts they have had.
RELATED CITY POLICIES
The Eugene Code and Downtown Plan require the City’s approval of a master plan for
redevelopment of the EWEB riverfront property. The adopted policy reads as follows:
A master plan for the EWEB riverfront property must be approved by the City before any
redevelopment, land use application, rezoning, Metro Plan or refinement plan diagram
amendments are approved for uses not associated with EWEB functions. The master plan
shall be evaluated based on the master plan’s consistency with principles (1) through (4)
below:
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(1) Create a “people place” that is active, vibrant, accessible and multi-use.
(2) Provide appropriate setbacks, deeper where environmental or habitat issues are
more critical, shallower in other areas.
(3) Incorporate appropriate building and site design techniques that address
environmental concerns.
(4) Incorporate an educational aspect, so that the riverfront improvements teach us
about our river, our history and our city.
The proposed land use application package is intended to fulfill this policy and to implement the
regulations needed to ensure that redevelopment of the site remains consistent with EWEB’s
Riverfront Master Plan. As noted above, findings addressing these and other applicable approval
criteria, including Statewide Planning Goals, the Metro Plan and applicable refinement plan
provisions, are included as Attachment B.
COUNCIL OPTIONS
No action is required at this time.
CITY MANAGER’S RECOMMENDATION
No action is required at this time.
ATTACHMENTS
A. Draft Ordinance
B. Findings
C. Ex Parte Contact Disclosures
FOR MORE INFORMATION
Staff Contact: Gabe Flock
Telephone: 541-682-5697
Staff E-Mail: gabriel.flock@ci.eugene.or.us
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ATTACHMENT A
ORDINANCE NO. ____
AN ORDINANCE CONCERNING THE EWEB DOWNTOWN RIVERFRONT
PROPERTY
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
As a result of this citizen initiated plan amendment process, the Eugene-
Springfield Metropolitan Area General Plan (Metro Plan) Land Use Diagram is amended to
remove the current Metro Plan designations from the properties identified on Exhibit 1 “EWEB
Downtown Riverfront Metro Plan Amendment” attached to this Ordinance, and to replace those
designations as reflected on Exhibit 1.
Section 2
. The EWEB Downtown Riverfront Specific Area Plan, a copy of which is
attached to this Ordinance as Exhibit 2, is adopted as a refinement of the Eugene-Springfield
Metropolitan Area General Plan. However, only those portions of the EWEB Downtown
Riverfront Specific Area Plan that are specifically referenced in EC 9.3155(4), 9.3155(16),
9.3185(2)(b), 9.3185(2)(i), 9.3190(2)(d) and EC 9.8030(16)(a) are adopted as land use
regulations, to be applied only as indicated in those sections of the Eugene Code. All other
portions of the EWEB Downtown Riverfront Specific Area Plan are adopted only to serve as
findings in support of this Ordinance.
Section 3.
The “Policies” and “Projects” sections on page 29 in the “Downtown
Riverfront” section of Eugene Downtown Plan are amended as follows:
Policies
1. Incorporate the Willamette River as an integral element to downtown planning and
development.
[2. Collaborate with EWEB to encourage relocation of their utility facilities.]
[3. A master plan for the EWEB riverfront property must be approved by the City before an
redevelopment, land use application rezoning, Metro Plan or refinement plan diagram
amendments are approved for uses not associated with EWEB functions. The master
plan shall be evaluated based on the master plan’s consistency with principles A through
D below:
Ordinance - Page 1 of 12
A. Create a “people place” that is active, vibrant, accessible and multi-
use.
B. Provide appropriate setbacks, deeper where environmental or habitat
issues are more critical, shallower in other areas.
C. Incorporate appropriate building and site design techniques that
address environmental concerns.
D. Incorporate an educational aspect, so that the riverfront improvements
teach us about our river, our history, and our city.
The master plan shall be considered using the City’s Type II application
procedures, unless the applicant elects to have the master plan reviewed
concurrently with a Type III, Type IV or Type V application.]
[4.]2. Facilitate dense development in the courthouse area and other sites between the core of
downtown and the river.
Projects
Examples of possible projects that address the implementation strategies:
[● Partner with EWEB to develop a master plan for the EWEB site.]
● Assess and provide mitigation for stormwater issues related to the potential development
of riverfront properties.
● Introduce pedestrian-related improvements along all paths leading to the river.
● Develop an adaptive use concept for EWEB’s Steam Plant.
● Daylight the Millrace to connect downtown to the river and capitalize on this historic
waterway.
Section 4.
The Riverfront Park Study is amended by deleting subsection E in the
“Policies” section on pages 11 and 12 and re-lettering subsection F to subsection E.
[E. EWEB
The following policies are intended to provide direction for future action pertaining to the
EWEB main facility and steam plant.
1. Property under EWEB ownership within the Riverfront Park Study Area shall remain
designated for the utility’s main headquarters.
In 1983, EWEB embarked on a project to develop a Headquarters Master Plan that investigates
alternative for consolidating its 428 employees and major operations at the existing riverfront
site. This policy recognizes that the draft EWEB Master Plan, once adopted, will be the bases
for future decisions relating to the develop of EWEB’s land and operations facilities. It also
recognizes that EWEB is an important employer and service provider in the Riverfront Study
Area and is especially important because of its proximity to downtown Eugene. The recently
adopted Downtown Plan similarly recognized EWEB’s continued presence in the study area and
Ordinance - Page 2 of 12
anticipates continuing improvements in river access in concert with the implementation of the
EWEB Master Plan.]
[2. The City of Eugene shall work with EWEB and the University of Oregon to
investigate actions which could be taken to implement improvements in the efficiency of
the steam plants operated by both organizations in the Riverfront Study area.
This policy commits the City of Eugene to work with both the University of Oregon and EWEB to
attempt to identify ways to increase efficiencies in steam plant operations of both organizations.
Increasing steam facility efficiencies has potential impact on future users, e.g., those in the
Riverfront Park Area as well as existing steam customers, and consequently is an important
community-wide economic diversification issue.]
[3. Property owned by the University of Oregon, and currently leased by EWEB for
its pole yard, shall be included in the property available for redevelopment for new
facilities in the Riverfront Park.
This policy recognizes that the current pole storage is an interim use, and that the University
may implement redevelopment plans in its role as property owner.]
F.E. AGRIPAC
Section 5.
The Eugene Zoning Map is amended to remove the current zones from
properties identified on Exhibit 3 attached to this Ordinance and to replace those zones as
reflected on Exhibit 3.
Section 6
. The Eugene Overlay Zone Map is amended to remove the /TD Transit
Oriented Development Overlay Zone from properties identified on Exhibit 3 attached to this
Ordinance as reflected on Exhibit 3. All other currently applicable overlay zones shall remain in
place, as reflected on Exhibit 3.
Section 7.
Section 9.0500 of the Eugene Code, 1971, is amended by adding the
following definitions in alphabetical order to provide as follows:
9.0500 Definitions
. As used in this land use code, unless the context requires otherwise,
the following words and phrases mean:
Urban Plaza. The land between a building and property line or street paved
with a hard surface for use by pedestrians containing a minimum of two
pedestrian amenities such as seating areas, covered playground area, kiosk
area, water feature, interpretive display, public art, or other similar focal
feature or amenity.
Visible Light Transmittance (VLT). The amount of visible light that passes
through the glazing material of a window, expressed as a percentage.
Ordinance - Page 3 of 12
Section 8.
Section 9.1030 of the Eugene Code, 1971, is amended by adding the
following entry in alphabetical order to the Table 9.1030 Special Area Zone listing:
9.1030 Establishment and List of Zones.
The zones listed in Table 9.1030 Zones are
established as follows:
Table 9.1030 Zones
Broad Zone Category Zone
Special S-DR Downtown Riverfront Special Area Zone
Section 9
. The Caption, Sections 9.3130, 9.3135, 9.3140, 9.3145, 9.3146, 9.3147,
9.3148, 9.3150, 9.3155, 9.3160, 9.3165, 9.3170, 9.3175, 9.3180, 9.3181, 9.3182, 9.3185, and
9.3190, and the figures embedded within those Sections are added to the Eugene Code, 1971,
as set forth in Exhibit 4 “S-DR Downtown Riverfront Special Area Zone” attached to this
Ordinance.
Section 10.
EC “Map EC 9.4510 Transit Oriented Development Overlay Zone” is
amended to remove the subject site from the boundaries of the /TD overlay zone as shown on
Exhibit 5 attached to this Ordinance.
Section 11.
EC “Map 9.6410(4)(a) Downtown and West University Automobile Parking
Exempt Areas” is amended to remove the subject site from the boundaries of the Downtown
Automobile Parking Exempt Areas as shown on Exhibit 6 attached to this Ordinance.
Section 12.
Subsection (1) of Section 9.6670 of the Eugene Code, 1971, is amended to
provide:
9.6670 Central Commercial Sign Standards.
The central commercial sign standards are
hereby created and applied to all property within the central commercial zones as
set forth below. Signs are restricted in recognition of the high density usage of
these areas, where pedestrian traffic is heavy and vehicular traffic is commonly
limited.
(1) Corresponding Zones.
The provisions of this section apply to all property
not regulated by the highway commercial sign standards which is zoned C-3,
to property within the S-DR Downtown Riverfront Special Area Zone, to
property within the S-F 5th Street Special Zone, and to those portions of the
S-RP Riverfront Park Special Zone which are not within 200 feet of the
Franklin Boulevard center line.
Ordinance - Page 4 of 12
Section 13.
Subsection (1) of Section 9.7025 of the Eugene Code, 1971, is amended to
provide:
9.7025 Performance Agreements.
(1) Applicability.
The city shall require execution of a performance agreement
by the applicant for all of the following types of applications:
(a) Conditional use permit and any modifications.
(b) Design review.
(bc) Historic property alteration and any modifications.
(cd) Planned unit development, final plan and any modifications.
(de) Site review and any modifications.
(ef) Subdivisions final plat and any modifications.
(fg) Standards review and any modifications.
Section 14.
Section 9.7030 of the Eugene Code, 1971, is amended to provide:
9.7030 Recordation of Certain City Decisions.
After a decision becomes final at the local
level, the city shall record at Lane County Deeds and Records a notice of a decision
concerning property that is the subject of the following types of applications:
(1)
Conditional use permit and any modifications.
(2) Design Review.
(2)
3 Historic landmark, designation.
(3)
4 Historic property, alteration.
(4)
5 Planned unit development, final plan and any modifications.
(5)
6 Property line adjustment.
(6)
7 Site review and any modifications.
(7)
8 Variances.
(8)
9 Willamette Greenway permit and any modifications.
(9)
10 Zone change.
(10)
11 Vacations.
Section 15.
Subsection (4) of Section 9.7340 of the Eugene Code, 1971, is amended to
provide:
9.7340 Expiration.
(4)
Unless the [hearings official designates] decision specifies otherwise, a
Willamette Greenway permit approval shall expire 18 months after the
effective date of approval unless actual construction or alteration has begun
under a required permit, or in the case of a permit not involving construction or
alteration, actual commencement of the authorized activity has begun.
However, the applicant may submit a modification application at any time
before the 18-month period has expired, requesting an extension of the
approval period. The applicant may request more than one extension. Under
no circumstances, however, can the total combined extension periods exceed
36 months from the original expiration date. Within S-DR, upon approval of
a Willamette Greenway Permit concurrently with Type V code
amendments and other plan amendments, plan adoption, or zone
change; the Willamette Greenway permit shall remain in effect so long
as the S-DR zone remains in effect.
Ordinance - Page 5 of 12
Section 16.
Table 9.8010 List of Adopted Plans in Section 9.8010 of the Eugene Code,
1971, is amended to provide:
Table 9.8010 List of Adopted Plans
Bethel-Danebo Refinement Plan (Phase II) River Road-Santa Clara Urban Facilities Plan
Bethel-Danebo Refinement Plan Riverfront Park Study
Comprehensive Stormwater Management Plan South Hills Study
Downtown Riverfront Specific Area Plan South Willamette Subarea Study
Eugene Commercial Lands Study TransPlan (Metro Area Transportation Plan)
Eugene Downtown Plan Walnut Station Specific Area Plan
Eugene-Springfield Metropolitan Area General West University Refinement Plan
Plan (Metro Plan)
Fairmount/U of O Special Area Study Westside Neighborhood Plan
Jefferson/Far West Refinement Plan Whiteaker Plan
Laurel Hill Neighborhood Plan Willakenzie Area Plan
19 th and Agate Special Area Study Willow Creek Special Area Study
Resolution No. 3862 Adopting the West 11 th Resolution No. 3885 Establishing Areas for the
Commercial Land Use Policy and Refining the Application of C-4 Commercial-Industrial District
Eugene-Springfield Metropolitan Area General Zoning, and Amending Resolution No. 3862
Plan (Adopted June 13, 1984) (Adopted on November 13, 1984)
Section 17.
EC “Map 9.8010 Adopted Plans” and its legend are amended to include the
Downtown Riverfront Specific Area Plan as shown on Exhibit 7 attached to this Ordinance.
Section 18.
Subsection (16)(a) of Section 9.8030 of the Eugene Code, 1971, is amended
to provide:
9.8030 Adjustment Review - Approval Criteria.
The planning director shall approve,
conditionally approve, or deny an adjustment review application. Approval or
conditional approval shall be based on compliance with the following applicable
criteria.
(16) Downtown Plan Area.
Where this land use code provides that a
development standard applicable within the Downtown Plan Area as shown on
Map 9.2161(6) Downtown Plan Map may be adjusted, approval of the request
shall be given if the applicant demonstrates consistency with all of the
following:
(a) The requested adjustment will allow the project to achieve an equivalent
or higher quality design than would result from strict adherence to the
standards through:
1. A building orientation, massing, articulation and façade that
contribute positively to the surrounding urban environment; and
2. An overall site and building design that creates a safe and
attractive pedestrian environment. Design elements for this
purpose may include special architectural design features, high
quality materials, outdoor seating, pedestrian-scaled lighting,
prominent entries facing the street, multiple openings or windows,
and a significant use of clear, untinted glass.
3. Within the S-DR zone,alternatives proposed pursuant to EC
Ordinance - Page 6 of 12
9.3150(3), EC 9.3180(3), EC 9.3181(3), and EC 9.3182(3) shall
demonstrate compliance with “urban design” plan policies in
alternatives
the Downtown Riverfront Specific Area Plan;
proposed pursuant to EC 9.3160(7) and EC 9.3165(1)
shall demonstrate compliance with “infrastructure” plan
policies in the Downtown Riverfront Specific Area Plan;
and, uses proposed pursuant to EC 9.3147(7) and
alternatives proposed pursuant to EC 9.3185(4) shall
demonstrate compliance with “open space” plan
policies in the Downtown Riverfront Specific Area Plan.
Section 19.
Section 9.8111 of the Eugene Code, 1971, is amended to provide:
9.8111 Design Review - Applicability.
[EC 9.3980 allows an applicant within the S-WS
Walnut Station Special Area Zone to seek approval through the Design Review
process.] Applicants within the S-WS Walnut Station Special Area Zone or S-
DR Downtown Riverfront Special Area Zone may seek approval through the
Design Review process per EC 9.3980 or EC 9.3190. These applications for
review shall be considered under a Type II process, or concurrently with a related
Type III application process. No development permit shall be issued by the city prior
to completion of the design review.
Section 20.
Subsection (1) of Section 9.8215 of the Eugene Code, 1971, is amended to
provide:
9.8215 Partition, Tentative Plan Approval Criteria- General.
The planning director shall
approve, approve with conditions, or deny a partition, with findings and conclusions.
Approval, or approval with conditions, shall be based on compliance with the
following criteria:
(1)
The proposed partition complies with all of the following, unless specifically
exempt from compliance through a code provision applicable to a
special area zone or overlay zone:
(a) Lot standards of EC 9.2000 through 9.3915 regarding applicable parcel
dimensions and density requirements. Within the /WR Water Resources
Conservation Overlay Zone or the /WQ Water Quality Overlay Zone, no
new lot may be created if more than 33% of the lot, as created, would
be occupied by either:
1. The combined area of the /WR conservation setback and any
portion of the Goal 5 Water Resource Site that extends landward
beyond the conservation setback; or
2. The /WQ Management Area.
(b) EC 9.6800 through EC 9.6875 Standards for Streets, Alleys, and Other
Public Ways.
(c) EC 9.6500 through EC 9.6505 Public Improvement Standards.
(d) EC 9.6706 Development in Flood Plains through EC 9.6709 Special
Flood Hazard Areas - Standards.
(e) EC 9.6710 Geological and Geotechnical Analysis.
(f) EC 9.6735 Public Access Required.
(g) EC 9.6750 Special Setback Standards.
Ordinance - Page 7 of 12
(h) EC 9.6775 Underground Utilities.
(i) EC 9.6780 Vision Clearance Area.
(j) EC 9.6791 through 9.6797 regarding stormwater destination, pollution
reduction, flow control for headwaters area, oil control, source control,
easements, and operation and maintenance.
(k) All other applicable development standards for features explicitly
included in the application.
(l) The applicable adopted plan policies beginning at EC 9.9500.
An approved adjustment to a standard pursuant to the provisions beginning at
EC 9.8015 of this land use code constitutes compliance with the standard.
Section 21.
The introductory paragraph of Section 9.8240 of the Eugene Code, 1971, is
amended to provide:
9.8240 Partition, Final Plat Approval Criteria.
The planning director shall approve or
deny the partition’s final plat. Approval shall be based on compliance with the
following criteria, unless specifically exempt from compliance through a code
provision applicable to a special area zone or overlay zone:
Section 22.
Subsection (1) of Section 9.8515 of the Eugene Code, 1971, is amended to
provide:
9.8515 Subdivision, Tentative Plan Approval Criteria - General.
The planning director
shall approve, approve with conditions, or deny a proposed subdivision. Approval,
or approval with conditions shall be based on compliance with the following criteria:
(1)
The proposed subdivision complies with the following, unless specifically
exempt from compliance through a code provision applicable to a
special area zone or overlay zone:
(a) EC 9.2000 through 9.3915 regarding lot dimensions and density
requirements for the subject zone. Within the /WR Water Resources
Conservation Overlay Zone or /WQ Water Quality Overlay Zone, no new
lot may be created if more than 33% of the lot, as created, would be
occupied by either:
1. The combined area of the /WR conservation setback and any
portion of the Goal 5 Water Resource Site that extends landward
beyond the conservation setback; or
2. The /WQ Management Area;
(b) EC 9.6800 through EC 9.6875 Standards for Streets, Alleys, and Other
Public Ways; and
(c) EC 9.6500 through EC 9.6505 Public Improvement Standards.
Section 23.
Subsection (3) of Section 9.8520 of the Eugene Code, 1971, is amended to
provide:
9.8520 Subdivision, Tentative Plan Approval Criteria- Needed Housing.
The planning
director shall approve, conditionally approve, or deny the subdivision application.
Unless the applicant elects to use the general criteria contained in EC 9.8515
Subdivision, Tentative Plan Approval Criteria- General, where the applicant
Ordinance - Page 8 of 12
proposes needed housing, as defined by the State statutes, the planning director
shall approve or approve with conditions a subdivision based on compliance with
the following criteria:
(3)
The proposed subdivision complies with all of the following, unless
specifically exempt from compliance through a code provision
applicable to a special area zone or overlay zone:
(a) EC 9.2000 through 9.3915 regarding lot dimensions and density
requirements for the subject zone. Within the /WR Water Resources
Conservation Overlay Zone or /WQ Water Quality Overlay Zone, no
new lot may be created if more than 33% of the lot, as created, would
be occupied by either:
1. The combined area of the /WR conservation setback and any
portion of the Goal 5 Water Resource Site that extends landward
beyond the conservation setback; or
2. The /WQ Management Area.
(b) EC 9.6800 through EC 9.6875 Standards for Streets, Alleys, and Other
Public Ways.
(c) EC 9.6500 through EC 9.6505 Public Improvement Standards.
(d) EC 9.6706 Development in Flood Plains through EC 9.6709 Special
Flood Hazard Areas - Standards.
(e) EC 9.6710(6) Geological and Geotechnical Analysis.
(f) EC 9.6730 Pedestrian Circulation On-Site.
(g) EC 9.6735 Public Access Required.
(h) EC 9.6750 Special Setback Standards.
(i) EC 9.6775 Underground Utilities.
(j) EC 9.6780 Vision Clearance Area.
(k) EC 9.6791 through 9.6797 regarding stormwater destination, pollution
reduction, flow control for headwaters area, oil control, source control,
easements, and operation and maintenance.
An approved adjustment to a standard pursuant to the provisions beginning at
EC 9.8015 of this land use code constitutes compliance with the standard.
Section 24.
The introductory paragraph of Section 9.8565 of the Eugene Code, 1971, is
amended to provide:
9.8565 Subdivision, Final Plat Approval Criteria.
The planning director shall approve or
deny the subdivision final plat. Approval shall be based on compliance with the
following criteria, unless specifically exempt from compliance through a code
provision applicable to a special area zone or overlay zone:
Section 25.
The introductory paragraph of Section 9.8670 of the Eugene Code, 1971, is
amended to provide:
9.8670 Applicability.
Traffic Impact Analysis Review is required when one of the
following conditions exist unless the development is within an area subject
to a prior approved Traffic Impact Analysis and is consistent with the
impacts analyzed:
Ordinance - Page 9 of 12
Section 26.
Section 9.8810 of the Eugene Code, 1971, is amended to provide:
9.8810 General Requirements.
(1)
Willamette Greenway permit applications shall be considered in accordance
with the Type III application procedures contained in EC 9.7000 through EC
9.7885 Application Procedures unless considered concurrently with a
Type IV or Type V application.
(2)
[ Willamette Greenway permit applications may be reviewed concurrently with
conditional use permit applications, planned unit development applications, or
site review applications.]
(3)
2 No development permit shall be [accepted] issued by the city when a
Willamette Greenway permit is required for the proposed development until
[the hearings official or planning commission approves] the Willamette
Greenway permit has been approved. Development permits shall be
consistent with the terms and conditions of that Willamette Greenway permit.
Section 27.
Subsection (4) of Section 9.8865 of the Eugene Code, 1971, is amended by
adding a new subparagraph (i) and re-lettering the subsequent subparagraphs to provide:
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:
(4)
The proposed zone change is consistent with the applicable siting
requirements set out for the specific zone in:
(i) EC 9.3140 S-DR Downtown Riverfront Special Area Zone Siting
Requirements.
(ij) EC 9.3205 S-DW Downtown Westside Special Area Zone Siting
Requirements.
(jk) EC 9.3305 S-E Elmira Road Special Area Zone Siting Requirements.
(kl) EC 9.3605 S-JW Jefferson Westside Special Area Zone Siting
Requirements.
(lm) EC 9.3705 S-RP Riverfront Park Special Area Zone Siting
Requirements.
(mn) EC 9.3805 S-RN Royal Node Special Area Zone Siting Requirements.
(no) EC 9.3905 S-W Whiteaker Special Area Zone Siting Requirements.
(op) EC 9.3955 S-WS Walnut Station Special Area Zone Siting
Requirements.
(pq) EC 9.4205 /EC East Campus Overlay Zone Siting Requirements.
(qr) EC 9.4715 /WP Waterside Protection Overlay Zone Siting
Requirements.
(rs) EC 9.4776 /WQ Water Quality Overlay Zone Siting Requirements (only
for the purposes of adding the overlay zone. See EC 9.4786.).
(st) EC 9.4915 /WR Water Resources Conservation Overlay Zone Siting
Requirements (only for the purposes of adding the overlay zone. See
EC 9.4960.).
(tu) EC 9.4815 /WB Wetland Buffer Overlay Zone Siting Requirements.
(uv) 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.
Ordinance - Page 10 of 12
Section 28.
Section 9.9540 of the Eugene Code, 1971, is deleted:
9.9540 Eugene Downtown Plan Policies.
[ A master plan for the EWEB riverfront property
must be approved by the city before any redevelopment, land use application,
rezoning, Metro Plan or refinement plan diagram amendments are approved for
uses not associated with EWEB functions. The master plan shall be evaluated
based on the master plan’s consistency with principles (1) through (4) below:
(1)
Create a “people place” that is active, vibrant, accessible and multi-use.
(2)
Provide appropriate setbacks, deeper where environmental or habitat issues
are more critical, shallower in other areas.
(3)
Incorporate appropriate building and site design techniques that address
environmental concerns.
(4)
Incorporate an educational aspect, so that the riverfront improvements teach
us about our river, our history and our city.
The master plan shall be considered using the City’s Type II application procedures,
unless the applicant elects to have the master plan reviewed concurrently with a
Type III, Type IV or Type V application. (Policy 3)]
Section 29.
The City Council hereby approves a Willamette Greenway Permit
pursuant to EC 9.8800 – 9.8825, as those sections are amended by this Ordinance, for the
portion of the Willamette River Greenway that is included within the boundaries of the S-DR
Riverfront Special Area Zone to permit development consistent with the applicable S-DR
Downtown Riverfront Special Area Zone code provisions adopted by this Ordinance. The
Willamette Greenway Permit approved by this Ordinance shall remain in effect for any lot within
the Willamette Greenway boundaries in the S-DR zone for as long as that lot continues to be in
the S-DR zone. In support of this approval, the City Council accepts as its own findings those
findings provided by the Applicant in Section 5.6 of Exhibit 8 attached hereto. A Willamette
River Greenway setback boundary is hereby established in accordance with the applicable
approval criteria at Section 9.8815(5)(a) of the Eugene Code, as shown on Exhibit 9 attached to
this Ordinance.
Section 30.
The “Prior Developed Areas” as shown on Exhibit 9 attached to this
Ordinance are hereby acknowledged as being excluded from the /WR Water Resources
conservation area, in accordance with Section 9.4920(5) of the Eugene Code.
Section 31
. The EWEB Downtown Riverfront Specific Area Plan, a copy of which is
attached to this Ordinance as Exhibit 2, and the Applicant’s December 5, 2012 Final Submittal
Ordinance - Page 11 of 12
documents, portions of which are attached to this Ordinance as Exhibit 8, are approved as
support and findings for this Ordinance.
Section 32.
If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portions hereof.
Section 33.
The City Recorder, at the request of, or with the consent of the City Attorney,
is authorized to administratively correct any reference errors contained herein, or in other
provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein.
Passed by the City Council this Approved by the Mayor this
____ day of ______________, 2013 ____ day of ______________, 2013
____________________________ _____________________________
City Recorder Mayor
Ordinance - Page 12 of 12
Exhibit 8
CITY OF EUGENE
METRO PLAN AMENDMENT, REFINEMENT PLAN AMENDMENTS,
CODE AMENDMENTS, ZONE CHANGE, & WILLAMETTE GREENWAY
PERMIT APPLICATION
EUGENE WATER & ELECTRIC BOARD (EWEB)
DOWNTOWN RIVERFRONT
LAND USE COMPONENTS
December 5, 2012
Cameron McCarthy
Landscape Architecture & Planning
160 East Broadway, Eugene, OR 97401
Phone 541.485.7385 | Fax 541.485.7389
www.cameronmccarthy.com
EWEB DOWNTOWN RIVERFRONT
LAND USE COMPONENTS
INDEX
LAND USE PERMIT APPLICATION FORMS ............................................................................................................ -
Metro Plan Amendment
Refinement Plan Amendment
Zone Change
Willamette Greenway Permit
WRITTEN STATEMENT ....................................................................................................................................... -
1.0 Project Information ......................................................................................................................... 1
2.0 Description of Proposal ................................................................................................................... 3
3.0 Existing Conditions ......................................................................................................................... 7
4.0 Specific Request ............................................................................................................................ 11
5.0 Approval Criteria and Standards .................................................................................................... 13
EXHIBITS -
A Downtown Riverfront Specific Area Plan .................................................................................................... A
B S-DR Downtown Riverfront Special Area Zone ............................................................................................ B
C Code Amendments ................................................................................................................................... C
D TPR and TIA Analysis Report .................................................................................................................... D
E Riverfront Ecological Analysis and Design Report ........................................................................................E
F Evaluation of Existing Utility Infrastructure Memorandum ........................................................................... F
G Plan Set ................................................................................................................................................. G
H Metro Plan Diagram ............................................................................................................................... H
I City of Eugene Zoning Diagram .................................................................................................................. I
J Tax Lot Details ........................................................................................................................................ J
K Legal Descriptions ................................................................................................................................... K
L Predevelopment Images ............................................................................................................................ L
M Neighborhood/Applicant Meeting........................................................................................................... M
N FEMA Floodplain Map ............................................................................................................................. N
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EUGENE WATER AND ELECTRIC BOARD (EWEB)
DOWNTOWN RIVERFRONT
METRO PLAN AMENDMENT, REFINEMENT PLAN AMENDMENTS, CODE AMENDMENTS, ZONE
CHANGE, & WILLAMETTE GREENWAY PERMIT APPLICATION
Written Statement
1.0 PROJECT INFORMATION
Applicant’s Request:The applicant, Eugene Water & Electric Board (EWEB),
requests approval of a concurrent Metro Plan Amendment,
Refinement Plan Amendments, Refinement Plan Adoption,
Zone Change, and Willamette Greenway Permit application to
enable redevelopment of the Downtown Riverfront site.
Property Owner:Eugene Water & Electric Board
PO Box 10148
Eugene, OR 97440
Applicant:Eugene Water & Electric Board
PO Box 10148
Eugene, OR 97440
Applicant’s Representative:Colin McArthur, AICP
Principal Planner
Cameron McCarthy
160 E. Broadway, Eugene OR 97401
541.485.7385
colin@cameronmccarthy.com
Designated Contacts:Kevin Biersdorff
Principal Project Manager
Eugene Water & Electric Board
PO Box 10148, Eugene OR 97440-2148
541.685.7739
Kevin.BIERSDORFF@eweb.org
Jeannine Parisi
Community and Local Government Liason
Eugene Water & Electric Board
PO Box 10148, Eugene OR 97440-2148
541.685.7451
Jeannine.PARISI@eweb.org
Project Name: EWEB Downtown Riverfront
Land Use Components
Subject Property:Assessor’s Map 17-03-29-33:
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Tax Lots 1400, 1600, 1800, 2000, 2600, 2700, & 2900
Assessor’s Map 17-03-30-44:
Tax Lots 7400, 8200, 8300, 8400, & 8500
Assessor’s Map 17-03-31-11:
Tax Lots 100 & 300
Assessor’s Map 17-03-32-22:
Tax Lots 100, 300, 400, 401, 800, 1500, & 1600
Location:EWEB Downtown Riverfront
500 East 4th Avenue
Eugene, OR 97401
Property Size:27.06 acres
Plan Designation:HDR High Density Residential, HI Heavy Industrial, POS
Parks and Open Space, MU Mixed Use
Plan Overlay Designation:/ND Nodal Development Overlay
Zoning Designation:PL Public Land, I-2 Light-Medium Industrial, I-3 Heavy
Industrial, S-W Whiteaker Special Area Zone
Overlay Zoning Designation:/SR Site Review, /TD Transit Oriented Development, /WR
Water Resources Conservation
Neighborhood-Applicant
Meeting:June 29, 2011, 6:30-8:00 PM
EWEB North Building
th
500 E. 4 Avenue
Eugene, OR 97401
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2.0 DESCRIPTION OF PROPOSAL
2.1 Overview
Eugene Water and Electric Board (EWEB), the “applicant”, requests approval to implement the land
use components of the EWEB Riverfront Master Plan (Master Plan). The EWEB Board of
Commissioners unanimously approved the Master Plan on June 1, 2010. The land use
components, identified herein as implementation tools, comprise item number six (6) of the January
1
2007 Memorandum of Understanding between the City of Eugene and EWEB. The land use
components consist of a concurrent request for approval of a Metro Plan Amendments, Refinement
Plan Adoption, Refinement Plan Amendments, Code Amendments, Zone Change, and Willamette
Greenway Permit application; and, a separate request for approval of a Traffic Impact Analysis
application.
The EWEB Downtown Riverfront site (Figure 2-1) (subject property, subject site) is 27.06 acres in
size and comprised of 21 parcels. EWEB owns all parcels within the subject site. As shown in
Figure 2-1, the subject site is bounded by the Willamette River to the east; University of Oregon
(UO) Riverfront Research Park lands to the south; the Union Pacific Railroad corridor and High
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Street to the west; and, 4 Avenue to the north, with the exception of five parcels located north of
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4 Avenue.
2.2 Background
The Eugene Code (EC) and the Eugene Downtown Plan, an adopted refinement plan, call for a
master plan for the EWEB riverfront site prior to any redevelopment. In 2007, in preparation for
EWEB vacating the majority of its operations from the Downtown Riverfront site, EWEB and the
City of Eugene entered into a Memorandum of Understanding (MOU) that directed the development
of a Master Plan for the subject property. A Community Advisory Team (CAT) was jointly appointed
by the EWEB Board of Commissioners and Eugene City Council to help guide the creation of the
EWEB Riverfront Master Plan. Rowell Brokaw Architects (RBA) led the design team, coordinated
with community members in individual and group interviews, held a series of large public events to
discuss design elements, and conducted extensive public outreach and involvement as part of the
project. In April 2010, RBA completed the Master Plan for the EWEB Downtown Riverfront site.
The Master Plan was unanimously approved by the EWEB Board of Commissioners on June 1,
2010.
The approved Master Plan represents the community’s vision for the redevelopment of the
Downtown Riverfront. The Master Plan is a framework that builds certainty about the vision for the
subject property, while being flexible enough to allow this vision to be realized in different ways. It
outlines the context, principles, objectives, recommendations, and requirements for the
redevelopment of the EWEB riverfront property, as well as the public process conducted to arrive at
this vision. The Master Plan gives form and specificity to goals and principles outlined in the
Eugene Downtown Plan. The Master Plan also includes design guidelines, the basis for clear and
objective development standards, and descriptions of design intent, the basis for adjustment or
design review criteria.
1
Memorandum of Understanding (MOU). City of Eugene and the Eugene Water & Electric Board. January 17, 2007.
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Figure 2-1
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The Master Plan envisions a green redevelopment of the subject property, with approximately eight
(8) acres of dedicated public open space, new construction and adaptive re-use of buildings,
pedestrian-oriented streets connecting Downtown Eugene to the Willamette River, and a Cultural
Landscape that displays the ecological, social, industrial, and civic history of the place. It
establishes a framework of streets, open space, and redevelopment parcels as well as a set of
allowable uses and use requirements. The Master Plan is the foundation for the land use
components described herein.
Extensive public involvement was a key component to the creation of a redevelopment strategy that
resonates with Eugene residents and satisfies community needs. Throughout the Master Plan
development process, public input was integrated during design iterations and incorporated into
decision-making equations that resulted in the EWEB Riverfront Master Plan. From its inception,
the redevelopment project has had a clear and primary objective of fostering consistent and active
community support.
In 2010, EWEB relocated its maintenance, operations, and engineering staff from the Downtown
Riverfront site to the new Roosevelt Operations Center (ROC) in west Eugene. EWEB
Administrative staff remain in the existing headquarters building on the Downtown Riverfront site.
As a result of the major relocation, a significant portion of the Downtown Riverfront site is available
for redevelopment.
2.3 Context
The Master Plan envisions its future adoption as a refinement plan or specific area plan and that a
new Special Area Zone will be established in the Eugene Code based on the Master Plan’s
recommendations and requirements. The Master Plan notes that this is not the only course of
approval or adoption process; however it was the course presumed when the master planning
process was completed.
The Master Plan recommends re-zoning of the property to meet the vision of the master planning
and public engagement processes. The Master Plan utilized the existing Community Commercial
(C-2) zone as the basis for discussions regarding allowable uses and uses not allowed on the
riverfront site. While this might imply that C-2 is suitable as a potential base zone for the Riverfront
site, many of the C-2 zoning requirements are in conflict with aspects of the Master Plan vision and,
in general, are not designed to facilitate mixed-use development, the endorsed build-out alternative.
With the adoption of the Growth Management Study, in 1998, and the regional transportation plan
(TransPlan), in 2001, the concept of mixed-use development (formerly known as “nodal
development”) is the official growth management policy of the City of Eugene. Mixed-use
development is based on a vision of Eugene’s future that maintains the existing urban growth
boundary by encouraging infill; redevelopment; and higher density, mixed-use development in
select locations throughout the metropolitan area. Mixed-use development is a major step towards
realizing citizens’ vision of Eugene’s future. The Master Plan envisions mixed-use development
through infill development, redevelopment, and adaptive reuse of the Downtown Riverfront site and
is therefore aligned with the vision for Eugene’s future.
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3.0 EXISTING CONDITIONS
3.1 Site Context
The EWEB Downtown Riverfront site is comprised of 21 parcels totaling 27.06 acres in size. As
shown on Sheet C1 Cover Sheet (Exhibit G Plan Set), the subject site contains 22.76 acres of
developed land and 4.30 acres of open space. The subject site is located adjacent to the
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Willamette River, the Eugene Downtown Core area, and the 5 Street Market commercial corridor.
Across the Willamette River from the subject site is Alton Baker Park, the city’s largest metropolitan
park. Further upstream is the University of Oregon’s Riverfront Research Park. To the south of the
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subject site, across E. 6 Avenue, is the U.S. Federal Courthouse. Skinners Butte is located
approximately ¼ mile to the northwest.
The Union Pacific railroad corridor forms the southwestern boundary of the subject site. The rail
corridor is the primary passenger and freight rail line serving the Eugene-Springfield Metropolitan
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area. Eugene station is located approximately ¼-mile west of the intersection of 4 Avenue and
High Street, the northwest corner of the subject site. The Ruth Bascom Riverfront Trail stretches
along the west bank of the Willamette River within the project boundaries. Ferry Street Bridge,
located north of the subject site, is a significant transportation arterial and primary vehicular route
across the Willamette River. The Peter Defazio Bridge, located north of the subject site, is a
primary pedestrian and bicycle route across the Willamette River from Downtown Eugene to Alton
Baker Park, Autzen Stadium, and beyond.
The EWEB Riverfront site is located within the heart of Downtown Eugene and in proximity to many
defining natural, cultural, and economic amenities. The subject property is isolated from the rest of
the city by the railroad corridor and elevated Ferry Street Viaduct. Establishing new and clearly
identifiable street and pedestrian connections to the riverfront are of great importance in order to
realize the community benefits of this civic and natural-resource amenity.
3.2 Site History
The EWEB Downtown Riverfront site housed community water facilities prior to 1900. However,
EWEB’s history and its history on the subject property can be traced to an event in 1906. Privately
owned companies originally provided water and electric service to the citizens of Eugene.
Following increasing prices and a typhoid outbreak in 1906, actions were initiated to revise the City
Charter and state legislation to allow for public ownership of water, electric, and sewer service. On
November 18, 1908 the City Council purchased the private domestic water system and on March
11, 1911 the Eugene Water Board was formed. The utility’s name was later changed to Eugene
Water & Electric Board (EWEB) to reflect the provision of electrical service.
The facilities purchased in 1908 were housed on the east side of the subject site where the
Willamette Substation is today. As Eugene grew, more land was purchased downstream which
facilitated construction of the Steam Plant in 1931 and the McClain Filter Plant in 1934. As growth
continued, EWEB purchased additional surrounding properties and added new facilities, including
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the first onsite headquarters building in 1949. In 1988 four parcels north of 4 Avenue and west of
Mill Street were purchased, which were the last parcels EWEB purchased for the Downtown
Riverfront site. Construction of EWEB’s current administrative headquarters was completed in
1988.
3.3 Existing Structures
The subject property contains several existing structures including the 100,000 square foot (sf)
EWEB Headquarters Building, the 49,000sf Operations Warehouse, the 28,000sf Steam Plant, the
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21,000sf Communications and Equipment Repair Building, the 18,600sf Midgley’s Building, and the
17,800sf Vehicle Repair Shop. Under the Master Plan, the EWEB Headquarters Building, the
Operations Warehouse, the Steam Plant, and the Midgley’s Building are proposed for adaptive
reuse. The Communications and Equipment Repair Building and the Vehicle Repair Shop are
proposed for demolition. The Willamette Substation and a former manufactured gas plant site are
located within the southeastern end of the subject property and are proposed to remain in EWEB
ownership. In 2009, a DEQ assessment of the former manufactured gas plant site’s environmental
impacts was completed. The site was determined to be polluted prior to EWEB ownership and is
now capped with impervious materials. The primary section of the subject site best suited for
immediate redevelopment is the approximate 12-acre former Operations Yard, which spans both
the east and west sides of the Ferry Street Viaduct and is mostly paved. Prior to the relocation of
EWEB operations, this area was used to store equipment and utility service vehicles.
3.4 Land Use
Metro Plan land use designations for the subject property include, seven (7) parcels designated
High Density Residential, two (2) parcels designated Heavy Industrial, five (5) parcels designed
Mixed Use, and seven (7) parcels designated Parks and Open Space. All of the parcels located
th
south of 4 Avenue and west of the Ferry Street Viaduct have the Nodal Development Overlay
designation.
City of Eugene zoning designations for the subject property include, three (3) parcels designated I-2
Light-Medium Industrial, five (5) parcels designated I-3 Heavy Industrial, eight (8) parcels
designated PL Public Land, and five (5) parcels designated S-W Whiteaker Special Area Zone.
Nine (9) parcels adjacent to the Willamette River have /WR Water Resources Conservation overlay
zoning designation. Twelve (12) parcels adjacent to the Ferry Street Viaduct have /TD Transit
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Development overlay zoning designation. Five (5) parcels north of 4 Avenue, within the S-W
Special Area Zone, have /SR Site Review overlay zoning designation.
A list of subject parcels (tax lots), acreage, Metro Plan designations, and City of Eugene land use
zoning designations is provided as Exhibit J Tax Lot Details. Figure 3-1 identifies respective
parcels within the subject site and their associated plan and zone designations as well as overlay
designations.
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Figure 3-1 Existing Plan and Zoning Designation
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4.0 SPECIFIC REQUEST
The subject property is designated Heavy Industrial, High Density Residential, Mixed Use, and
Parks and Open Space by the Eugene-Springfield Metropolitan Area Plan (Metro Plan) Diagram.
The subject property is zoned Public Land (PL), Light-Medium Industrial (I-2), Heavy Industrial (I-3),
and Special District (S-W, Whiteaker Special Area Zone) by the City of Eugene Zoning Map with
portions of the property having Site Review (/SR), Transit District (/TD), and Water Resources
(/WR) overlay zoning.
As noted in Section 2.1, the proposal is a concurrent request for approval of a Metro Plan
Amendments, Refinement Plan Adoption, Refinement Plan Amendments, Code Amendments, Zone
Change, and Willamette Greenway Permit application.
Each of the individual land use components is described below. Findings of compliance with
applicable policies, approval criteria, and standards are provided in Section 5.0 Approval Criteria
and Standards.
▪
Metro Plan Amendments
The proposal involves a Type II Metro Plan Amendments application pursuant to EC
9.7700(2)(a) to change the plan diagram designation of three (3) parcels within the subject
site from Heavy Industrial and Parks and Open Space to Mixed Use and apply the Nodal
Development Area Overlay designation to five (5) parcels in order to implement the Master
Plan vision.
▪
Refinement Plan Adoption
The proposal involves a Type V Refinement Plan Adoption application pursuant to EC
9.8421 to adopt the Downtown Riverfront Specific Area Plan as a refinement plan.
▪
Refinement Plan Amendments
The proposal involves a Type V Refinement Plan Amendments application pursuant to EC
9.8421 to remove Downtown Riverfront Policies 2 and 3 in the Eugene Downtown Plan as
the policies have been enacted through the relocation of EWEB’s utility functions and
completion of the Master Plan and are now obsolete.
The proposal involves a Type V Refinement Plan Amendments application pursuant to EC
9.8421 to remove EWEB Policies II.E.1, II.E.2, and II.E.3 in the Riverfront Park Study as the
policies are obsolete.
▪
Code Amendments
The proposal involves a Type V Code Amendments application pursuant to EC 9.8060 to
establish the S-DR Downtown Riverfront Special Area Zone and revise other policies,
criteria, and development standards, for consistency with the S-DR Downtown Riverfront
Special Area Zone and the Downtown Riverfront Specific Area Plan.
▪
Zone Change
The proposal involves a Type IV Zone Change application pursuant to EC 9.8850 to change
the zoning designation of sixteen (16) parcels within the subject site from I-2 Light Medium
Industrial, I-3 Heavy Industrial, and PL Public Land to S-DR Downtown Riverfront Special
Area Zone; and, to remove the /TD Transit Oriented Development Overlay on twelve (12)
parcels within the subject site.
▪
Willamette Greenway Permit
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The proposal involves a Type III Willamette Greenway Permit application pursuant to EC
9.8805 to permit development within the boundaries of the Willamette River Greenway.
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5.0 APPROVAL CRITERIA AND STANDARDS
The purpose of the proposal is to enable redevelopment of the Downtown Riverfront site consistent
with the Master Plan vision, to create development standards and urban design guidelines that
shape redevelopment, and to facilitate the transformation of the area into a “people place” that is
active, vibrant, accessible and multi-use. The following actions are necessary to implement the
land use components for the Downtown Riverfront.
▪
Amendments to the Metro Plan land use diagram to re-designate three (3) properties to Mixed
Use Area designation and apply the Nodal Development Area Overlay designation to five (5)
properties.
▪
Adoption of the Downtown Riverfront Specific Area Plan as a refinement plan, including a land
use diagram and policies to establish the redevelopment vision.
▪
Amendments to the Eugene Downtown Plan text to remove Downtown Riverfront Policies 2 and
3 as the policies have been enacted and are now obsolete.
▪
Amendments to the Riverfront Park Study to EWEB Policies II.E.1, II.E.2, and II.E.3 as the
policies are obsolete.
▪
Amendments to the land use code to establish the S-DR Downtown Riverfront Special Area
Zone, add the Downtown Riverfront Specific Area Plan as an adopted plan, and revise other
development standards and criteria for consistency with the S-DR Downtown Riverfront Special
Area Zone.
▪
Re-zoning of sixteen (16) properties within the Downtown Riverfront site to S-DR Downtown
Riverfront Special Area Zone. Five (5) properties within the Downtown Riverfront site will
remain zoned S-W Whiteaker Special Area Zone. The /TD Transit Oriented Development
Overlay Zone will be removed from twelve (12) properties. All properties that have the existing
/SR Site Review Overlay Zone and /WR Water Resources Conservation Overlay Zone will
retain those overlays.
▪
Approval of a Willamette Greenway permit to allow redevelopment of properties within the
boundaries of the Willamette River Greenway.
Findings of compliance that establish the consistency of these actions with the applicable approval
criteria and standards are provided in Sections 5.1 through 5.7.
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5.1 Metro Plan Amendments
The proposal amends the Metro Plan land use diagram to re-designate two (2) parcels from Heavy
Industrial to Mixed Use Area and one (1) parcel from Parks and Open Space to Mixed Use Area
(totaling approximately 18.61 acres) and to apply the Nodal Development Area Overlay designation
to five (5) parcels (totaling approximately 1.12 acres), resulting in all properties within the subject
site having Nodal Development Area Overlay designation. The other thirteen (13) parcels within the
subject site will retain existing High Density Residential, Parks and Open Space, and Mixed Use
Area designations.
Table 5-1 presents existing and proposed Metro Plan base and overlay designations for parcels
within the subject site. Exhibit H Metro Plan Diagram illustrates existing and proposed Metro Plan
diagram changes. Assessor’s map and tax lot numbers are shown on Sheet C1 Cover Sheet
(Exhibit G Plan Set).
Findings of compliance with application Metro Plan Amendment approval criteria are provided in EC
9.7730.
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Table 5-1 Existing and Proposed Metro Plan Designations
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EC 9.7730 Metro Plan – Approval of a Plan Amendment
(3) Criteria for Approval of Plan Amendment. The following criteria shall be applied by the city
council in approving or denying a Metro Plan amendment application:
(a) The amendment must be consistent with the relevant Statewide Planning Goals adopted
by the Land Conservation and Development Commission; and
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.
From inception the project has been grounded and shaped by citizen involvement. The EWEB
Riverfront Master Plan was developed with extensive citizen guidance and involvement, as detailed
below.
In 2007, the EWEB Board of Commissioners and Eugene City Council jointly appointed a
Community Advisory Team (CAT) to help guide the redevelopment process. EWEB and city staff
developed the selection criteria for CAT members. The CAT was designed to represent various
community interests and incorporate diverse public opinion. The CAT worked closely with the
design team during the development of the Master Plan and operated as a guiding force behind the
resulting vision. Both the CAT and the design team, lead by Rowell Brokaw Architects, advocated
for extensive public outreach and a 10-month long public engagement plan was implemented
around the Master Plan development. Basic elements of the 10-month long public engagement
plan included:
▪
Sixty (60) individual and paired interviews, involving 163 people in total.
▪
Three (3) group interviews addressing transportation, development and arts/cultural interests.
▪
Two (2) focus groups addressing site ecology and sustainable urbanism, utilizing local experts
and other interested parties.
▪
Four (4) community events (Open Houses) to present and gather input from the public on the
Master Plan:
Meeting 1: Visioning Charrette.
Meeting 2: Multiple Design Options.
Meeting 3: Input on Chosen Design Option.
Meeting 4: Open House Celebration on Final Scheme.
▪
Universal Design outreach for events:
Collaboration with City of Eugene Human Rights Commission Accessibility Committee and
the Lane Independent Living Alliance to create outreach and participation methods for
people with disabilities in accordance with the Americans with Disability Act meeting
requirements.
Young adults were targeted to get involved in the project by contacting high school teachers
to recruit interested students, community service organizations with active high school
students, college students in relevant fields, and young adult organizations.
Communities of color were specifically addressed to be involved in the project by referrals
and personal invitations, outreach at supermarkets, longhouses, churches, and social
service agencies. University of Oregon and Lane Community College student organizations
and multicultural centers were also contacted to improve turnout of under–represented
demographics.
▪
Outreach beyond public meetings (ongoing):
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CAT members attended civic organization meetings of high attendance with informational
project displays and answered questions.
Public Project Website: www.eugeneriverfront.com
▪
Communications plan (ongoing):
Informal press briefings; articles in EWEB, City of Eugene, and Eugene Chamber of
Commerce publications.
During the public involvement process, over 1,000 community members directly contributed to the
master planning process. The CAT met bi-weekly for nearly two years to coordinate the above-
mentioned efforts. As part of the land use phase, additional citizen involvement occurred pursuant
to standard application requirements and other needs, as described below:
▪
A stakeholders meeting was held on January2, 2011 to inform attendees about the land use
process and discuss issues surrounding the project.
▪
A Neighborhood-Applicant meeting was held pursuant EC 9.7007 on June 29, 2011. Invitations
were sent to 665 residents, property owners, and neighborhood associations within 500 feet of
the site boundaries as well as the planning director, city engineer, and senior planner. Exhibit M
Neighborhood-Applicant Meeting Materials includes required documentation from the meeting.
The above findings demonstrate that the applicant has provided extensive opportunities for citizens
to be involved in all phases of the planning process. The proposed amendments and zone change
are consistent with Goal 1.
Goal 2 – Land Use Planning: To establish land use planning process and policy
framework as a basis for all decisions and actions related to use of land and to
assure an adequate factual base for such decision and actions.
Guiding land use processes and policy framework for the City of Eugene exist within the Metro
Plan, adopted Refinement Plans, and Chapter 9 of the Eugene Code. The proposed amendments
to both the Metro Plan and Chapter 9 of the Eugene Code will not infringe upon their capacity as
adequate factual based tools for land use decisions and actions. This land use application follows
specified amendment and permit procedures and fulfills stated criteria to demonstrate such
compliance. Additionally, one of the primary objectives of the proposed special area zone (SAZ) is
to implement Nodal Development policies of the Metro Plan. Since the adoption of Trans Plan in
2001, the City’s growth management policies have been geared towards utilizing a nodal
development strategy. The proposed amendments help fulfill these growth management policies.
Based on these findings, the proposed amendments and zone change are consistent with Goal 2.
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Goal 3 – Agricultural Lands: To preserve and maintain agricultural lands.
Parcels within the subject site are designated by the Metro Plan Diagram as High Density
Residential, Heavy Industrial, Parks and Open Space, and Mixed Use Areas. Under City of Eugene
Zoning, said parcels are zoned PL Public Land, I-2 Light-Medium Industrial, I-3 Heavy Industrial,
and S-W Whiteaker Special Area Zone. Current land uses include EWEB administration facilities
and commercial uses. Pursuant to OAR 660-015-0000(3) agricultural lands do not include lands
located within acknowledged urban growth boundaries (UGB). The entirety of the subject site is
located within Eugene’s UGB. Based on these findings, the proposed amendments and zone
change are consistent with Goal 3.
Goal 4 – Forest Land: To preserve forest lands.
Goal 4 does not apply to land within the subject site. All parcels within the subject site are located
within the City of Eugene UGB and do not contain forest lands. According to OAR 660-006-0020,
Statewide Planning Goal 4 is not applicable within urban growth boundaries. The subject site does
not affect forest lands because it does not contain forested lands and is located within the UGB.
Therefore, the proposed amendments and zone change are consistent with Goal 4.
Goal 5 – Natural Resources, Scenic and Historic Areas, and Open Spaces: To
protect natural resources and conserve scenic and historic areas and open
spaces.
The following Oregon Administrative Rule (OAR 660-023-0250) is applicable to this post-
acknowledgement plan amendment (PAPA) request:
OAR 660-023-0250
(3) Local governments are not required to apply Goal 5 in consideration of a
PAPA unless the PAPA affects a Goal 5 resource. For purposes of this
section, a PAPA would affect a Goal 5 resource only if:
(a) The PAPA creates or amends a resource list or a portion of an
acknowledged plan or land use regulation adopted in order to
protect a significant Goal 5 resource or to address specific
requirements of Goal 5;
(b) The PAPA allows new uses that could be conflicting uses with a
particular significant Goal 5 resource site on an acknowledged
resource list; or
(c) The PAPA amends an acknowledged UGB and factual information is
submitted demonstrating that a resource site, or the impact areas of
such a site, is included in the amended UGB area.
The proposed amendments and zone change do not create or amend a list of Goal 5 resources, a
plan or a land use regulation adopted in order to protect a significant Goal 5 resource or to address
specific requirements of Goal 5, and do not amend the acknowledged urban growth boundary.
Therefore, it is clear that the proposed amendments do not trigger the need to consider Goal 5
pursuant to OAR 660-023-0250(3)(a) or 3(c). Some analysis is required to determine whether OAR
660-023-0250(3)(b) triggers the need to further consider Goal 5 requirements. Subsection (3)(b)
asks whether ‘[t]he PAPA allows new uses that could be conflicting uses with a particular significant
Goal 5 resource site on an acknowledged resource list.” Significant Goal 5 resource sites and
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acknowledged lists are documented in the 2005 Eugene Goal 5 Water Resource Conservation Plan
and the 1978 Goal 5 Inventory and Metro Natural Assets & Constraints Working Papers.
Natural Resources
The Riverfront Ecological Analysis and Design Report (Exhibit E) and the Plan Set (Exhibit G)
document natural features on the subject site and provide relevant information in addressing these
Goal 5 requirements. The eastern portion of the subject site is within the Willamette River
Greenway, a natural asset, as identified in the Metro Natural Assets & Constraints Working
2
Papers. The Willamette River is adjacent to the development site and is identified as a Goal 5
3
Water Resource by the Goal 5 Water Resource Conservation Plan. As identified on the Adopted
Protection Designations for the Eugene Goal 5 Wetland, Riparian, and Upland Wildlife Habitat
Inventories Map dated November 14, 2005, the Willamette River is categorized as a Category A
Stream. All parcels within the subject site that abut the Willamette River have /WR Water Resource
Conservation overlay zoning. Pursuant to EC 9.4920(1)(c)(1.), Category A streams with a
distinguishable high bank have a 100 foot setback applied to top of bank (TOB) as part of the /WR
overlay zoning. The Willamette River adjacent the development site features a distinguishable high
bank. The existing high bank was surveyed by OBEC Consulting Engineers on June 13, 2011 and
is shown on Sheets S1 and S2 Existing Conditions Plans (Exhibit G Plan Set) and labeled as “top of
bank”. The proposed amendments do not change protections established by the 100-foot /WR
conservation setback in EC 9.4920(1)(c)(1.) or affect inventoried Goal 5 Water Resources.
Pursuant to EC 9.4920(5)(a) and (d), areas which the applicant has shown to be developed prior to
November 14, 2005, are excluded from /WR conservation areas. As demonstrated on Sheets R1
Regulatory Plan (Exhibit G Plan Set) and Exhibit L Pre-Development Images, the subject site
contains buildings on a concrete foundation, pursuant EC 9.4920(5)(a), as well as paved and gravel
parking areas that serve administrative and operations uses in adjacent buildings, pursuant to EC
9.4920(5)(d), that were developed prior to November 14, 2005; the date specified in EC 9.4920(5).
Sheet R1 Regulatory Plan illustrates “/WR Prior Developed Areas” consistent with EC 9.4920(5);
and, “/WR Conservation Areas” and “/WR Conservation Setback Areas.”
The proposed amendments and zone change do not affect established protections. These areas
will remain subject to the provisions of the /WR overlay zone. Through the applicant’s concurrent
zone change request to implement the proposed zoning designations, the existing /WR overlay
zoning will apply. Protection of this Goal 5 resource will therefore remain the same; regardless of
the proposed plan designations change that would be allowed outside the regulated overlay.
Scenic and Historic Areas
The Eugene Goal 5 Water Resource Conservation Plan and the Goal 5 Inventory and Metro Natural
Assets & Constraints Working Papers, specifically the Scenic Site Working Paper and the
Archeological Sites Working Paper, do not identify any scenic or historic resources on the subject
site. Oregon Revised Statute (ORS) 358.653 obligates state agencies and political subdivisions of
the state to consult with the State Historic Preservation Office (SHPO) to avoid inadvertent impacts
to historic properties for which they are responsible. In accordance with this statute, the applicant
has submitted clearance forms for identified historic buildings to SHPO. The identified historic
buildings on the subject site include:
2
Eugene Goal 5 Inventory and Metro Natural Assets & Constraints Working Papers
. Willamette River Greenway
Working Paper. Figure J1, Willamette River Greenway. April 12, 1978.
3
Eugene Goal 5 Water Resources Conservation Plan
, Section III
. Site #35 WA/WB Willamette River. October 24, 2005.
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▪
The Vehicle Repair Shop (1952): Considered Not Eligible for Listing in the National Register
because of major alterations.
▪
The Warehouse/Operations Building (1952): Considered Eligible for Listing in the National
Register.
▪
The Steam Plant Pump House (1931): Considered Eligible for Listing in the National Register.
(Adverse Effect)
On August 3, 2011, SHPO generally concurred with the applicant’s recommendations. On
December 12, 2011, SHPO signed a Memorandum of Agreement (MOA) with the applicant to
mitigate for any adverse effects. Based on these findings, there are no inventoried Goal 5 historic
resources or listed historic resources on the subject site.
Open Spaces
The Eugene Goal 5 Water Resource Conservation Plan and the Goal 5 Inventory and Metro Natural
Assets & Constraints Working Papers do not identify any open spaces on the subject site.
There are no additional resources that require analysis under the OAR’s noted above. The
proposed amendments and zone change will maintain established protection measures for
inventoried Goal 5 resources within and adjacent to the subject property. Based on these findings,
the proposed amendments and zone change are consistent with Goal 5.
Goal 6 – Air, Water and Land Resource Quality: To maintain and improve the
quality of air, water and land resources of the state.
Goal 6 addresses waste and process discharge from development, and is aimed at protecting air,
water, and land from impacts from those discharges. The proposal does not amend the
metropolitan area’s air, water quality, or land resource policies. Future development of the site will
be required to comply with applicable environmental laws and to the extent that future development
may create additional impacts to air, water, or land resources, state and local permitting processes
will ensure that discharges do not exceed allowable standards.
Future development of the site will be required to adhere to existing policies and Best Management
Practices (BMP) in the City of Eugene Stormwater Management Plan. Compliance with BMP’s will
be ensured through the building permit process. Incorporated within the Master Plan, Downtown
Riverfront Specific Area Plan (SAP), and Special Area Zone (SAZ) are measures that promote
sustainable development practices, including but not limited to eco-roofs, green streets, and
vegetated stormwater treatment. Furthermore, the envisioned mixed-use development scenario will
fulfill nodal development and transit oriented development goals aimed at reductions in the amount
of vehicle miles traveled within the metropolitan area. Based on these findings, the proposed
amendments and zone change are consistent with Goal 6.
Goal 7 – Areas Subject to Natural Hazards: To protect people and property from
natural hazards.
Goal 7 requires local governments to adopt comprehensive plans to reduce risk to people and
property from natural hazards such as floods, landslides, earthquakes, tsunamis, and wildfires. The
City of Eugene protects people and property from natural hazards through various land use and
building code requirements. The proposal does not alter these protective provisions nor does it
propose development in areas identified to be unsuitable for development.
The subject site is located along the Willamette River within Eugene’s Downtown. Portions of the
subject site adjacent to the Willamette River are identified on FEMA Firm Map 1137 (Exhibit N
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FEMA Floodplain Map) as Special Flood Hazard Areas (Zone AE), Other Flood Areas (Zone X),
and Other Areas (Zone X). Special Flood Hazard Areas (Zone AE) identifies areas inundated by a
100-year flood. Other Flood Areas (Zone X) identifies other flood areas consisting of areas
inundated by a 500-year flood, areas of 100-year flood with average depths of less than 1 foot or
with drainage areas less that 1 square mile, and areas protected by levees from 100-year floods.
Other Flood Areas (Zone X) identifies areas determined to be outside the 500-year floodplain. The
majority of the subject site is located outside the 500-year floodplain.
The site is prior developed and contains structures and impervious surfaces adjacent the Willamette
River. The proposal will not result in development of the site in a manner that is substantially
different than existing conditions, which would be more susceptible to natural hazards. Since
proposed and existing development has similar tolerance to natural hazards, the future
redevelopment of the site is compliant with Goal 7. In addition, the proposed amendments and
zone change do not affect or amend the City’s means to protect people and property from natural
hazards. Based on these findings, the proposed amendments and zone change are consistent with
Goal 7.
Goal 8 – Recreation Needs: To satisfy recreational needs of the citizens of the
state and visitors and, where appropriate, to provide for the siting of necessary
recreation facilities including destination resorts.
Goal 8 requires local governmental agencies to plan for recreation area, facilities, and opportunities.
Goal 8 ensures the provision of recreational facilities to Oregon citizens and is primarily concerned
with the provision of those facilities in non-urban areas of the state.
The 2006 Parks, Recreation & Open Space (PROS) Comprehensive Plan was adopted as an
aspiration and guiding document for the City and contains an inventory of existing parks, recreation,
4
and open space resources. PROS Appendix B identifies an existing multi-use path, a segment the
5
Ruth Bascom Riverbank Trail, on the subject site. Other than the multi-use path segment, the
subject site is not included on any formally adopted list, inventory or map identifying the City’s
existing parks and open space supply.
The PROS Project and Priority Plan was adopted by resolution and is an action plan that contains
6
specific project information, including a timeframe for project implementation and cost estimates. A
portion of the subject site is identified in the plan as a proposed Metropolitan Park site for
7
acquisition. The plan assigns the acquisition project a Priority 1 level and allocates $1,500,000 in
capital costs to “acquire land to provide significant riverfront open space within [the]
8
courthouse/cannery neighborhood.”
The applicant proposes the sale or transfer of 7.74 acres of land to the City for future cultural
landscape, open space, and recreation purposes and to add to the supply of significant riverfront
4
Eugene Parks, Recreation & Open Space (PROS) Comprehensive Plan
. Appendix B Existing Resources. August 25,
2005.
5
PROS Comprehensive Plan
. Appendix B Existing Resources. Existing Parks, Recreation and Open Space Resources
Map. August 25, 2005.
6
PROS Project and Priority Plan
. February 22, 2006.
7
PROS Project and Priority Plan
. Map 3, City Central, Existing and Proposed Parks, Recreation and Open Space
Resources Map. February 22, 2006.
8
PROS Project and Priority Plan
. Table 1: Proposed Projects & Priorities for Parks, Open Space and Recreational
Facilities (City Center); and, Table 4: Capital Costs by Planning Area (City Center). May 2006.
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open space in public ownership. The proposed amendments and zone change designate said land
for “parks and open space” use and the list of permitted uses is based on uses listed in the existing
PRO Park, Recreation and Open Space Zone (EC 9.2630) (see Exhibit B S-DR Downtown
Riverfront Special Area Zone, EC 9.3145(7)), which is the common zoning designation of parkland.
Development standards for parks and open space uses are provided in EC 9.3185 (Exhibit B S-DR
Downtown Riverfront Special Area Zone). Proposed improvements are conceptually shown on
Sheets L1 and L2 Site Plan (Exhibit G Plan Set).
If the City purchases or accepts a portion of the property for parkland, an increase in the availability
of public recreational facilities in the area would occur following development of said parkland. As
such, changing the designation of the subject property will have no impact on the City’s existing
park and open space supply. In no case, as a result of the proposed plan amendments, would a
reduction in recreational facilities occur. Regardless of City acquisition, through the proposed
amendments and zone change, the proposal will increase the amount of recreation capacity within
downtown and riverfront areas.
The proposal does not involve the siting of destination resorts. Based on these findings, the
proposed amendments and zone change are consistent with Goal 8.
Goal 9 – Economic Development: To provide adequate opportunities throughout
the state for a variety of economic activities vital to health, welfare, and prosperity
of Oregon’s citizens.
The proposed amendment will re-designate 17.75 acres of land currently designated industrial on
the Metro Plan Diagram. Two (2) parcels designated Heavy Industrial will be re-designated Mixed
Use Areas in order to implement the mixed-use redevelopment vision for the site documented in the
Master Plan. Because this proposal changes more than two (2) acres of land with the industrial
designation, the provisions of OAR 660-009-0010(4), cited below, apply to the request.
OAR 660-009-0010
(4) For a post-acknowledgement plan amendment under OAR chapter 660,
division 18, that changes the plan designation of land in excess of two
acres within an existing urban growth boundary from an industrial use
designation to a non-industrial use designation, or an other employment
use designation to any other use designation, a city or county must
address all applicable planning requirements, and:
(a) Demonstrate that the proposed amendment is consistent with its
most recent economic opportunities analysis and the parts of its
acknowledged comprehensive plan which address the requirements
of this division; or
(b) Amend its comprehensive plan to incorporate the proposed
amendment, consistent with the requirements of this division; or
(c) Adopt a combination of the above, consistent with the requirements
of this division.
OAR 660-009-015(4) requires cities and counties to conduct an Economic Opportunities Analysis
which to review and, as necessary, amend their comprehensive plans to provide economic
opportunities analyses. The Economic and Opportunities analysis compares the demand of land
for industrial and other employment uses to the existing supply of such land (OAR 660-009-0015).
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The Metropolitan Industrial Lands Inventory Report is the adopted economic opportunities analysis
for the city of Eugene. The Industrial Lands Demand Analysis of said report states “based solely on
projected employment estimates, estimates projecting the needs for industrial land show no
9
demand for heavy industrial.”
In June 2010 ECONorthwest prepared a Comprehensive Lands Assessment on behalf of the City of
Eugene. Included within is an economic opportunities analysis for employment land demand and
employment land supply for both industrial and commercial lands. The applicant notes that this
plan is not yet adopted as the City of Eugene’s official economic opportunities analysis. Table 3 of
said report identifies a surplus of 434 acres of industrial lands and a deficit of 230 acres of
10
commercial lands. This proposed amendments and zone change will re-designate 17.75 acres of
industrial land to mixed use, which will increase the amount of commercial and residential acreage
available for redevelopment accordingly.
Pursuant to 660-009-0010(4), the proposed amendments and zone change involves a post-
acknowledged plan amendment that is consistent with the most recent economic opportunities
analysis. Therefore, the proposed amendments and zone change are consistent with Goal 9.
Goal 10 – Housing: To provide for the housing needs of the citizens of the state.
Goal 10 requires that communities plan for and maintain an inventory of buildable residential land
for needed housing units. Within the June 2010 Comprehensive Lands Assessment a residential
lands analysis was conducted to forecast residential housing supply and future demand within the
11
City of Eugene. The analysis forecasted an increase in 14,951 total dwelling units by 2031. Of
this increased demand in housing units, 4,784 (32%) will be a combination of two to four unit
12
buildings (1,495 units) and five or more unit buildings (3,289 units). An increase in 748 units
13
annually is needed in order to meet this growing demand in residential housing.
Density figures are used to calculate how much land is needed to accommodate said increases in
housing units. Two to four unit buildings are 8.6 units/acre and five or more unit buildings are 24.1
units/acre. This proposal will re-zone 25.94 acres of property currently zoned PL, I2, and I3 to a
new special area zone (S-DR) intended to facilitate mixed-use development, specifically residential.
The subject property does not currently provide or accommodate residential uses. Provisions
included in the proposed S-DR Zone (EC 9.3182(2)(d), Exhibit B S-DR Downtown Riverfront
Special Area Zone) require a minimum of one story of residential use within all buildings
constructed within the S-DR/MU/2 overlay sub-district.
The applicant notes that the Comprehensive Lands Assessment referenced above is not yet
adopted. Therefore, the 1999 Eugene-Springfield Metropolitan Area Residential Lands and
Housing Study is the official inventory and analysis of residential lands for the area. As Eugene and
Springfield designate growth management strategies apart from one another, a shift from existing
dated and coordinated lands assessment is imminent. The analysis of the 1999 Eugene-Springfield
Metropolitan Area Residential Lands and Housing Study was compiled based upon data for the
entire metropolitan region. The Supply and Demand Comparison within the 1999 Residential Lands
9
Metropolitan Industrial Lands Inventory Report
Lane Council of Governments. . 1993.
10
Eugene Comprehensive Lands Assessment
ECONorthwest. . 2010.
11
Eugene Comprehensive Lands Assessment
ECONorthwest. . 2010.
12
Eugene Comprehensive Lands Assessment
ECONorthwest. . 2010.
13
Eugene Comprehensive Lands Assessment
ECONorthwest. . 2010.
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and Housing Study shows that an anticipated 60 acres of land is needed for high-density residential
development.
During the Master Plan process four (4) redevelopment scenarios for the site were explored to
analyze design resiliency and the site’s redevelopment potential. The analysis was speculative and
results are subject to fluctuating market conditions. Of the four (4) scenarios, the Mixed-Use
Neighborhood Scenario anticipated the largest share of residential development. Under this
redevelopment scenario, the site accommodated 404 additional dwelling units.
The above findings demonstrate that the proposed amendments and zone change will increase the
amount of residential land available for housing units within the City of Eugene through the
implementation of a new SAZ that permits residential uses outright. The proposal provides for
approximately 12 acres of land with residential development capacity. As noted above,
redevelopment has the potential to produce 404 additional dwelling units as part of residential or
mixed-use development projects. Based on these findings, the proposed amendments and zone
change are compliant with Statewide Planning Goal 10.
Goal 11 – Public Facilities and Services: 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.
The subject site is located inside the City limits and within the Downtown Area, as defined by the
Eugene Downtown Plan. The subject site is currently developed, contains structures and facilities,
and is served by existing utility extensions and facilities. The 2001 Eugene-Springfield Public
Facilities and Services Plan (PFSP), an adopted refinement plan, identifies the subject site as
14
served by existing water, stormwater, and wastewater service. The PFSP does not identify any
planned water, wastewater, stormwater, or planned electrical facilities on the subject site. The
PFSP does identify an existing electrical facility, the steam plan, which is proposed for
15
decommissioning, on the subject site.
Exhibit F Evaluation of Existing Utility Infrastructure Memorandum provides a broad-level discussion
of existing water, wastewater, and stormwater utilities within and surrounding the subject site.
Existing public water supply is readily available through the majority of the subject site, as described
in Exhibit F and illustrated on Sheets S1 and S2 Existing Conditions Plans (Exhibit G). Extension
and reconstruction of specific public water mains adjacent to and within the subject site may be
necessary to serve future development. Existing public wastewater systems are expected to be
sufficiently deep to provide drainage for the proposed development by gravity. Based on a cursory
th
analysis of public system capacity, a 15-inch wastewater pipe between 6 Avenue and the mid-
thth
block of 7/8 Avenue is anticipated to provide adequate capacity at full build-out to accommodate
all future development. As illustrated on Sheets S1 and S2 Existing Conditions Plans, the
wastewater line extends to the south, crosses under the railroad tracks, and connects to a public
th
15-inch wastewater line located at the intersection of 6 Avenue and High Street. An upgrade of
th
the public system from the crossing under the railroad tracks to 6 Avenue/High Street may be
necessitated by future development. Alternatively, there are two other wastewater systems in close
proximity to the site, including a 15-inch wastewater system within Ferry Street, east of the
courthouse, and an 8-inch wastewater system within Hilyard Street near the existing railroad
crossing. Both systems provide capacity to accommodate future development as needed. The
14
Eugene-Springfield Public Facilities and Services Plan (PFSP)
. Map 5, Existing Water Service Areas; Map 6, Existing
Wastewater Service Areas, and Map 7, Existing Stormwater Service Areas. December 2001
15
PFSP
. Map 4, Planned Electrical Facilities. December 2001.
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subject site is served by two major public storm drainage systems, a 60-inch pipe and a 36-inch
pipe, and a minor public storm drainage system, a 12-inch pipe, as illustrated on Sheets S1 and S2
Existing Conditions Plans, which are anticipated to supply sufficient capacity to accommodate
future development. Compliance with City stormwater destination standards in EC 9.6791 are not
expected to be problematic as the 2002 City of Eugene Stormwater Basin Master Plan does not
identify any specific capacity-related concerns with the public systems and the subject site is
16
generally designated as not having any major flooding problems.
The proposed amendments and zone change do not affect the City’s arrangement of public facilities
and services. The findings demonstrate that the existing level of public facilities and services is
adequate to serve the needs of existing and future development. However, specific design details
related to public improvements such as water, stormwater, and wastewater connections will be
resolved in the context of any future development proposal. Based on these findings, the proposed
amendments and zone change are consistent with Statewide Planning Goal 11.
Goal 12 – Transportation: To provide and encourage a safe, convenient and
economic transportation system.
Goal 12 is implemented by the Transportation Planning Rule (TPR) as defined by Oregon
Administrative Rule OAR 660-012-0060. This proposal amends the Metro Plan, an acknowledged
regional comprehensive plan; the Eugene Downtown Plan and the Riverfront Research Park Study,
adopted refinement plans; and Eugene Land Use Code Chapter 9, which is the city’s guiding
framework for land use regulation.
OAR 660-012-0060
(1) Where an amendment to a functional plan, an acknowledged
comprehensive plan, or a land use regulation would significantly affect an
existing or planned transportation facility, the local government shall put
in place measures as provided in section (2) of this rule to 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 the facility. A plan or land use regulation amendment
significantly affects a transportation facility if it would:
(a) Change the functional classification of an existing or planned
transportation facility (exclusive of correction of map errors in an
adopted plan);
(b) Change standards implementing a functional classification system;
or
(c) As measured at the end of the planning period identified in the
adopted transportation system plan:
A. Allow land uses or levels of development that would result in
types or levels of travel or access that are inconsistent with
the functional classification of an existing or planned
transportation facility;
16
City of Eugene Stormwater Basin Master Plan
. Volume VI Willamette River. August 2002.
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B. Reduce the performance of an existing or planned
transportation facility below the minimum acceptable
performance standard identified in the TSP or comprehensive
plan; or
C. Worsen the performance of an existing or planned
transportation facility that is otherwise projected to perform
below the minimum acceptable performance standard
identified in the TSP or comprehensive plan.
The proposed plan amendments and zone change do not change the functional classification of a
transportation facility or change the standards implementing a functional classification system.
Therefore, it does not have a significant effect under (a) or (b). A comprehensive Transportation
Planning Rule (TPR) analysis and Programmatic Traffic Impact Analysis (TIA) is included as Exhibit
D. The findings and conclusions of said analysis are incorporated by reference herein. The
findings demonstrate that the proposal is in compliance with the TPR and will not significantly affect
any existing or future transportation facilities under (c) as addressed in detail below.
The subject site lies within the boundaries of the Central Lane Regional Transportation Plan (Trans
Plan) whose horizon year is 2027 and marks the ‘end of planning period’ as identified by OAR 660-
012-0060(1)(c). For analysis purposes, potential site trip generation was estimated for an assumed
reasonable “worst case” under the current plan and zoning designations, and four (4) potential
development scenarios for the site under the proposed plan and zoning designations. All of the
scenarios assume that new development will be in addition to the existing EWEB Administrative
Building and the Midgley’s Building.
Based on existing designations, the redevelopment is estimated to generate 6,560 daily net trips;
970 net new trips (840 inbound, 130 outbound) are projected to occur during the weekday AM peak
hour and 955 net new trips (185 inbound, 770 outbound) are projected to occur during the weekday
PM peak hour. Based on proposed designations, the redevelopment is estimated to generate
6,090 daily net new trips; 780 net new trips (655 inbound, 125 outbound) are projected to occur
during the weekday a.m. peak hour and 790 net new trips (190 inbound, 600 outbound) are
projected to occur during the weekday p.m. peak hour. No future year intersection operational
analysis is required for TPR purposes given the reduced peak hour trip generation associated with
the proposal.
Findings in Exhibit D, incorporated by reference herein, indicate that the proposed site
redevelopment envisioned by the Master Plan can be constructed while maintaining acceptable
levels of service and safety on the surrounding transportation system. The transportation impacts
of the proposed amendments and zone change will have a reduced peak hour impact to the site
access and local transportation system compared to development under the existing zoning.
Therefore, the proposal will not facilitate land use or levels of redevelopment that would result in
types or levels of travel or access that are inconsistent with the functional classification of an
existing or planned transportation facility (OAR 660-012-0060(1)(c)(A)).
Findings in Exhibit D demonstrate that currently, all transportation facilities operate at acceptable
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levels during peak hours except the 4 Avenue/Coburg Road intersection, which operates at level
of service ‘F’ and is over capacity. Because the proposed amendments will reduce potential peak
hour trips, they will not reduce the performance of an existing or planned transportation facility
below the minimum acceptable performance standards (OAR 660-012-0060(1)(c)(B)). Additionally,
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function of 4 Avenue/Coburg Road intersection will not be worsened beyond its current
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performance because the proposed amendments and zone change will reduce potential peak hour
trips (OAR 660-012-0060(1)(c)(C)).
As such, the proposed amendments and zone change do not have a significant impact for TPR
purposes. The functional classifications of roadways in the study area are also unaffected by the
proposed plan amendments and zone change. The project team is coordinating the assessment of
the transportation impacts with the City. The proposed plan amendments and zone change will not
have a significant effect on the transportation system and it is concluded that the proposed plan
amendments and zone change comply with the TPR. Based on these findings, the proposed
amendments and zone change are consistent with Goal 12.
Goal 13 – Energy Conservation: To conserve energy.
Goal 13 requires that land and uses developed on the land shall be managed and controlled so as
to maximize the conservation of all forms of energy, based upon sound economic principles. Goal
13 is directed at the development of local energy policies and implementing provisions and does not
establish any requirements with respect to other types of land use decisions. To the extent that
Goal 13 could be applied to the proposed plan amendments and zone change, the designations are
consistent with Goal 13.
The proposed site is located so that future mixed-use development can make efficient use of
energy with direct and efficient access within the urban area. The proposal will not hinder
management or conservation practices related to energy consumption. Consistency with Metro
Plan Policy J.7, which “encourage(s) medium- and high-density residential uses when balanced
with other planning policies in order to maximize the efficient utilization of all forms of energy” and
notes that “the highest relative densities of residential development shall be concentrated to the
greatest extent possible in areas that are or can be well served by mass transit, paratransit, and
foot and bicycle paths” is demonstrated in the findings under EC 9.7730(3)(b). The proposal
facilitates residential uses and pursuant with the proposed amendments and zone change, energy
conservation measures are not necessarily limited nor identified as part of the land use change.
Based on these findings, the proposed amendments and zone change are consistent with Goal 13.
Goal 14 – Urbanization: To provide and orderly and efficient transition from rural
to urban land use, to accommodate urban population and urban employment
inside urban growth boundaries, and to provide for livable communities.
The proposed amendments and zone change are site specific to land already subject to urban uses
and do not affect the transition from rural to urban land use, as the subject property is within the
City limits. Therefore, Goal 14 does not apply.
Goal 15 – Willamette River Greenway: to protect, conserve, enhance and
maintain the natural, scenic, historical, agricultural, economic, and recreational
qualities of lands along the Willamette River as the Willamette River Greenway.
Goal 15 aims to protect, conserve, enhance, and maintain the natural scenic, historical, agricultural,
economic, and recreational qualities of lands along the Willamette River. As illustrated on Sheet R1
Regulatory Plan (Exhibit G), 19.75 acres of the subject site are located within the Willamette River
Greenway. The proposal involves a concurrent request for approval of a Willamette Greenway
permit to allow development envisioned by the Master Plan.
The subject property does not have an established Willamette Greenway Setback Line. As
illustrated on Sheets L1 and L2 Site Plan (Exhibit G Plan Set), the applicant proposes the
establishment of a Willamette Greenway setback line to keep structures separated from the river
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and to protect, maintain, preserve, and enhance the natural, scenic, historic, and recreational
qualities of the Willamette Greenway. The proposed setback line is site specific, context sensitive,
and responds to existing conditions and the redevelopment vision. The proposed Greenway
setback varies in width from 25 feet to 125 feet adjacent the Willamette River, as delineated from
the top-of-bank. The setback’s variable width responds to existing site conditions and anticipated
redevelopment consistent with the Master Plan vision. In total the proposed Willamette Greenway
Setback will protect 3.19 acres of the subject site. Adoption of the setback ensures that no new
buildings will be constructed between the setback and the river, that adequate public access is
provided along the river frontage, that limited existing habitat is protected, and that the remaining
natural vegetative fringe is protected.
The findings in Section 5.6 under EC 9.8815 demonstrate compliance with applicable approval
criteria and standards for proposed development within Willamette Greenway. Compliance with
applicable Metro Plan Willamette Greenway Policies is demonstrated in the findings for EC
9.7730(3)(b) below. Based on these findings, incorporated by reference herein, the proposed
amendments and zone change are compliant with Goal 15.
Goal 16-19 – Estuarine Resources, Coastal Shoreland, Beaches and Dune, and
Ocean Resources:
There are no estuarine, coastal, ocean, or beach and dune resource on the subject property or
otherwise affected by the proposed plan amendment. Therefore, Goals 16 through 19 do not apply.
(b) Adoption of the amendment must not make the Metro Plan internally inconsistent.
The Metro Plan land use diagram amendments to re-designate approximately 18.61 acres of land
from Heavy Industrial and Parks and Open Space to Mixed Use Area and to apply the Nodal
Development Area Overlay designation to approximately 1.12 acres of land will not create an
internal conflict with the remainder of the Metro Plan, as described below.
Within the subject site, existing land use designations shown in the Metro Plan diagram include:
High Density Residential, Heavy Industrial, Parks and Open Space, Mixed Use Areas, and Nodal
Development; as defined below:
▪
Residential, High Density land generally accommodates “auxiliary uses such as streets,
elementary and junior high schools, neighborhood parks, other public facilities, neighborhood
commercial services” if compatible with refinement plans, zoning ordinances, and other local
controls. High Density Residential land allows for “over 20 units per gross acre.”
▪
Heavy Industrial land generally accommodates “industries that process large volumes of raw
materials into refined products and/or that have significant external impacts.”
▪
Public and Semi-Public, Parks and Open Space land generally accommodates “existing publicly
owned metropolitan and regional scale parks.”
▪
Mixed Use land represents “areas where more than one use might be appropriate, usually as
determined by refinement plans on a local level.”
▪
Nodal Development is “a mixed-use pedestrian-friendly land use pattern that seeks to increase
concentrations of population and employment in well-defined areas with good transit service, a
mix of diverse and compatible land uses, and public and private improvements designed to be
pedestrian and transit oriented.”
The Master Plan envisions a green redevelopment of the subject property, with approximately eight
acres of dedicated public open space, new construction and adaptive re-use of buildings,
pedestrian-oriented streets connecting Downtown Eugene to the Willamette River, and a cultural
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landscape that displays the ecological, social, industrial, and civic history of the place. It
establishes a framework of streets, open space, and redevelopment parcels as well as a set of
allowable uses and use requirements.
The Master Plan uses a modified version of the C-2 Commercial Base Zone permitted uses as a
guide for determining future allowable uses on the subject. The Master Plan promotes a mix of
diverse, compatible, and pedestrian-friendly uses as the prevalent land use pattern. It seeks to
increase concentrations of populations and employment by promoting residential, office, and retail
uses and the street layout accommodates future transit service, although transit service is currently
available in the vicinity of the subject site. Design guidelines within promote pedestrian and transit
oriented development. Therefore, the Mixed Use Areas and Nodal Development designations are
consistent with the redevelopment vision. Five (5) parcels within the subject site are currently
designated Mixed Use Areas, which the proposed amendments will retain.
Based on the definitions above, industries that produce significant external impacts are not
compatible with the redevelopment vision, therefore the proposed amendments re-designate Heavy
Industrial parcels to Mixed Use Areas. The EWEB North Building currently sits on land designated
Parks and Open Space. To facilitate future adaptive reuse of the building, the proposed
amendments re-designate the land to Mixed Use Areas. Land located west of the Ferry Street
Bridge Viaduct is designated High Density Residential, which based on the definition above, is
consistent with the redevelopment vision for the area, therefore the proposed amendments retain
the High Density Residential designation.
The proposal involves the establishment of a Specific Area Plan (SAP) (Exhibit A Downtown
Riverfront Specific Area Plan) and a Special Area Zone (SAZ) (Exhibit B S-DR Downtown Riverfront
Special Area Zone) to implement policies described herein. Once adopted, the documents will
become part of City’s guiding framework for land use regulation. Both documents are designed to
provide regulatory incentives that facilitate redevelopment and direct growth and density to the
subject site. Through the proposed land use changes and amendments the proposal removes
barriers to redevelopment and directs growth and density to the Downtown Riverfront consistent
with policies in the Eugene Downtown Plan. Although the proposed amendments do not mandate a
specified residential density per gross acre for the subject site; they are designed to facilitate mixed-
use development, specifically residential; and, they provide for residential construction in areas
where it is currently prohibited.
All Metro Plan policies were evaluated in relation to their applicability to the amendments and the
following policies were found to be applicable to the proposal. The findings demonstrate how the
plan amendments are consistent with, and in fact supported by the policy directions contained in the
Metro Plan.
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Residential Land Use and Housing Element
Residential Land Supply and Demand
A.4 Use annexation, provision of adequate public facilities and services,
rezoning, redevelopment, and infill to meet the 20-year projected housing
demand.
The proposed amendments and zone change involve re-designation of the subject site to facilitate
future redevelopment, which will lead to infill development within the downtown core. As described
in findings for Goal 10 under EC 9.7730(3)(a), the proposed amendments and zone change are
consistent with the Residential Lands and Housing Study, will significantly increase the supply of
land available for supporting residential development, and through subsequent residential or mixed-
use development will help meet projected housing demands. Based on these findings, the
proposed amendments and zone change are consistent with Policy A.4.
Residential Density
A.10 Promote higher residential density inside the UGB that utilizes existing
infrastructure, improves the efficiency of public services and facilities, and
conserves rural resource lands outside the UGB.
A.11 Generally locate higher density residential development near employment
or commercial services, in proximity to major transportation systems or
within transportation-efficient nodes.
A.12 Coordinate higher density residential development with the provision of
adequate infrastructure and services, open space, and other urban
amenities.
A.13 Increase overall residential density in the metropolitan area by creating
more opportunities for effectively designed in-fill, redevelopment, and
mixed use while considering impacts of increased residential density on
historic, existing and future neighborhoods.
A. 14 Review local zoning and development regulations periodically to remove
barriers to higher density housing and to make provision for a full range of
housing options.
A.15 Develop a wider range of zoning options such as new zoning districts, to
fully utilize existing Metro Plan density ranges.
A.16 Allow for the development of zoning districts which allow overlap of the
established Metro Plan density ranges to promote housing choice and
result in either maintaining or increasing housing density in those districts.
Under no circumstances, shall housing densities be allowed below
existing Metro Plan density ranges.
Redevelopment of the subject site pursuant to the proposed amendments and zone change will
facilitate infill of prior developed land already served by existing public utilities. The subject site is
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located adjacent the downtown area and 5 Street commercial corridor. The redevelopment vision
consists of high density, pedestrian oriented, mixed-use development with high-quality public
amenities and open space along the riverfront. The proposal involves the establishment of a
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Specific Area Plan (SAP) (Exhibit A Downtown Riverfront Specific Area Plan) and a Special Area
Zone (SAZ) (Exhibit B S-DR Downtown Riverfront Special Area Zone) which are specifically
designed to facilitate higher density residential development within the subject property. As an
example, provisions included in the proposed S-DR Zone (EC 9.3182(2)(d), Exhibit B S-DR Zone)
require a minimum of one story of residential use within all buildings constructed within the S-
DR/MU/2 overlay sub-district. The development standards, requirements, and guidelines in the
proposed SAP and SAZ will foster the mixed-use development scenario described above and
implement nodal development and growth management policies, consistent with the above policies.
Based on these findings, the proposed amendments and zone change are consistent with Policies
A.10 through A.16.
Housing Type and Tenure
A.17 Provide opportunities for a full range of choice in housing type, density,
size, cost, and location.
A.18 Encourage a mix of structure types and densities within residential
designations by reviewing and, if necessary, amending local zoning and
development regulations.
A.19 Encourage residential developments in or near downtown core areas in
both cities.
Through re-designation and re-zoning portions of the subject property, and establishment of the
SAP and SAZ, the proposal provides for increased housing opportunities in areas where it is
currently restricted. The proposal involves amending local zoning regulations to facilitate a mix of
structure types and densities. Specific development standards of the S-DR Zone include seven
different height standards with varied setback, stepback, and build-to lines. The proposal enables
residential development within the downtown core. Therefore, the proposed amendments and zone
change are consistent with Policies A.17 through A.19.
Design and Mixed Use
A.22 Expand opportunities for a mix of uses in newly developing areas and
existing neighborhoods through local zoning and development
regulations.
A.23 Reduce impacts of higher density residential and mixed-use development
on surrounding uses by considering site, landscape, and architectural
design standards or guidelines in local zoning and development
regulations.
A.24 Consider adopting or modifying local zoning and development regulations
to provide a discretionary design review process or clear and objective
design standards, in order to address issues of compatibility, aesthetics,
open space, and other community concerns.
Through the plan amendments and zone change the proposal will facilitate a mixed-use
development on the subject site where such development does not currently exist. The proposed
S-DR Zone (Exhibit B S-DR Downtown Riverfront Special Area Zone) adheres to form based code
principles and is designed to be compatible with neighboring development through the
establishment of height limitations, view corridors, build-to lines, and other provisions.
Development standards are designed to be site specific and clear and objective. Provisions of the
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proposed S-DR Zone include a discretionary design review process for flexibility while still ensuring
consistency with the intent of the SAZ and SAP through clear and objective criteria. Based on
these findings, the proposed amendments and zone change are consistent with Policies A.22
through A.24.
Economic Element
B.23 Provide for limited mixing of office, commercial, and industrial uses under
procedures which clearly define the conditions under which such uses
shall be permitted and which: (a) preserve the suitability of the affected
areas for their primary uses; (b) assure compatibility; and (c) consider the
potential for increased traffic congestion.
The proposed S-DR Zone (Exhibit B S-DR Downtown Riverfront Special Area Zone) regulations are
designed to facilitate a mixed-use development scenario including commercial and residential uses.
Limited mixing of office and commercial uses is encouraged through not requiring ground floor
commercial but rather specifying minimum ceiling height standards, which promote commercial
uses. Provisions such as view corridors, height limitations, and build-to lines contribute to ensure
compatibility with adjacent development. Based on these findings, the proposed amendments and
zone change are consistent with Policy B.23.
Environmental Resources
Riparian Corridors, Wetlands, and Wildlife Habitat (Goal 5)
C.8 Local governments shall develop plans and programs which carefully
manage development on hillsides and in water bodies, and restrict
development in wetlands in order to prevent erosion and protect the
scenic quality, surface water and groundwater quality, forest values,
vegetation, and wildlife values of those areas.
C.10 Local governments shall encourage further study (by specialists) of
endangered and threatened plant and wildlife species in the metropolitan
area.
C.11 Local governments shall protect endangered and threatened plant and
wildlife species, as recognized on a legally adopted statewide list, after
notice and opportunity for public input.
The proposal will not amend, supersede, or violate any adopted regulations, plans, or programs that
manage development impacts on natural resources. The proposal will not compromise existing
established /WR protection provisions in EC 9.4900-9.4980, will increase the amount of landscape
area and open space along the Willamette River, and will facilitate restoration of the riparian
corridor adjacent to the river as detailed in Exhibit E Riverfront Ecological Analysis and Design
Report. There are no documented occurrences of endangered or threatened plant or wildlife
species on the subject site. Based on these findings, the proposed amendments and zone change
are consistent with Policies C.8, C.10, and C.11.
Open Space (Goal 5)
C.21 When planning for and regulating development, local governments shall
consider the need for protection of open spaces, including those
characterized by significant vegetation and wildlife. Means of protecting
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open space include but are not limited to outright acquisition,
conservation easements, planned unit development ordinances,
streamside protection ordinances, open space tax deferrals, donations to
the public, and performance zoning.
The subject property includes 1,460 lineal feet of frontage along the Willamette River. The subject
property is located on an outer, scouring bank. The entire river frontage is reinforced with
revetments to provide bank stability and protect civil infrastructure. The easternmost edge of the
existing, paved Riverbank Trail generally demarcates the top of bank, as shown on Sheets S1 and
S2 Existing Conditions Plans (Exhibit G Plan Set). Narrow bands of riparian vegetation exist, within
the revetments, between the Riverfront Trail and the waters edge. Other on-site vegetation
consists of trees, shrubs, and groundcovers within parking lot landscape islands and landscape
strips adjacent to sidewalks, parking areas, and buildings; and, a narrow strip of shrubs and
grasses between the westernmost edge of the Riverbank Trail and developed areas.
Significant on-site vegetation is limited to the riparian corridor and is shown on Sheets S1 and S2
Existing Conditions and described in Exhibit E Riverfront Ecological Analysis and Design Report.
The Willamette River adjacent to the development site is identified as a Goal 5 Water Resource.
According to ODFW, two salmonid populations listed under the ESA are documented as occurring
within the reach of the Willamette River that flows through the project area:
▪
Upper Willamette River spring Chinook (Oncorhynchus tshawytscha) and Critical Habitat –
federally threatened (FT)
▪
Columbia River bull trout (Salvelinus confluntus) Distinct Population Segment (DPS) and Critical
Habitat - FT
There are no other documented occurrences of significant wildlife species within the subject site.
As shown on Sheet C1 Cover Sheet (Exhibit G Plan Set), the proposal will maintain existing open
space areas and will result in a significant increase in the amount of landscape and open space
areas within the subject site following redevelopment. The subject property currently provides
approximately 4.3 acres of open space. Through re-zoning of the property and establishment of the
S-DR Zone (Exhibit B S-DR Downtown Riverfront Special Area Zone) and it’s associated cultural
landscape and open space sub-district, existing open space areas will be protected and total open
space areas will increase to approximately 7.74 acres.
The PROS Project and Priority Plan identifies a portion of the subject site as a proposed
Metropolitan Park site for acquisition. The plan assigns the acquisition project a Priority 1 level and
allocates $1,500,000 in capital costs to “acquire land to provide significant riverfront open space
within [the] courthouse/cannery neighborhood.” The applicant proposes the sale or transfer of 7.74
acres of land to the City for future cultural landscape, open space, and recreation purposes and to
add to the supply of significant riverfront open space in public ownership. Regardless of City
acquisition, through the proposed amendments and zone change, the proposal protects open space
through development standards in the proposed S-DR Zone (EC 9.3185, S-DR Downtown
Riverfront Special Area Zone). In addition, protection of significant riparian vegetation is ensured
through existing established /WR protection provisions in EC 9.4900-9.4980 which are not affected
by the proposal. Sheet R1 Regulatory Plan identifies areas subject to /WR protections. Based on
these findings, the proposed amendments and zone change are consistent with Policy C.21.
Natural Hazards (Goal 7)
C.31 When development is allowed to occur in the floodway or floodway fringe,
local regulations shall control such development in order to minimize the
potential danger to life and property. Within the UGB, development should
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result in in-filling of partially developed land. Outside the UGB, areas
affected by the floodway and floodway fringe shall be protected for their
agricultural and sand and gravel resource values, their open space and
recreational potential, and their value to water resources.
The subject property is located within the UGB. Portions of the subject property adjacent to the
Willamette River are located within the FEMA regulated floodplain, as shown in Exhibit N FEMA
Floodplain Map. The majority of the subject site is prior developed, as illustrated on Sheet R1
Regulatory Plan (Exhibit G Plan Set). The proposal facilitates the infill of prior developed land. As
discussed in findings for Goal 7 under EC 9.7730(3)(a), the proposal does not advance
development in ways that are inconsistent with current standards nor does it modify or exempt
existing regulatory protection measures. Based on these findings, the proposed amendments and
zone change are consistent with Policy C.31.
Willamette River Greenway and Waterways Element (Goal 15)
D.2 Land use regulations and acquisition programs along river corridors and
waterways shall take into account all the concerns and needs of the
community, including recreation, resource, and wildlife protection;
enhancement of river corridor and waterway environments; potential for
supporting non-automobile transportation; opportunities for residential
development; and other compatible uses.
Accounting for needs and concerns of the community are the foundation for the Master Plan and
land use process. As noted in the findings for Goal 8 under EC 9.7730(3)(a), the applicant
proposes the sale or transfer of 7.74 acres of land to the City for future cultural landscape, open
space, and recreation purposes and to add to the supply of significant riverfront open space in
public ownership. If the City purchases or accepts a portion of the property for parkland, an
increase in the availability of public recreational facilities in the area would occur following
development of said parkland. Regardless of City acquisition, through the proposed amendments
and zone change, the proposal will increase the amount of recreation capacity within downtown and
riverfront areas. The Willamette River adjacent to the site is identified a Goal 5 Water Resource.
The Willamette River, as a water resource, is protected by established protection provisions in the
/WR Conservation overlay zone. Development standards and requirements in the proposed S-
DR/CL sub-district (EC 9.3185, Exhibit B S-DR Downtown Riverfront Special Area Zone) will ensure
enhancement to the corridor and waterway environments. As such, the proposed amendments and
zone change account for recreation, resource, and wildlife protection; and, promote enhancement
of river corridor and waterway environments.
The proposed S-DR Zone is designed to facilitate a mixed-use development scenario. Stated
purposes of the S-DR Zone (EC 9.3130, Exhibit B S-DR Downtown Riverfront Special Area Zone)
implement Nodal Development and Transit-Oriented Development policies, which focus on reduced
reliance on automobile transportation within designated areas. Design standards within the
proposed S-DR zone are intended to foster an active, vibrant, people-oriented district and reduce
reliance on automobile use. As noted above in findings for Policies A.22 through A.24, the proposal
facilitates residential development and other compatible uses. As such, the proposed amendments
and zone change support non-automobile transportation alternatives; and, facilitate opportunities for
residential development and other compatible uses. Based on these findings, the proposed
amendments and zone change are consistent with Policy D.2.
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D.3 Eugene, Springfield, and Lane County shall continue to cooperate in
expanding water related parks and other facilities, where appropriate, that
allow access to and enjoyment of river and waterway corridors.
This policy is aimed at intergovernmental cooperation between Eugene, Springfield, and Lane
County to expand parks and other facilities and public access opportunities. As it relates
specifically to Eugene, the following findings are relevant to the proposal. As noted in the findings
for Goal 8 under EC 9.7730(3)(a), a portion of the subject site is identified in the PROS Project and
Priority Plan as a proposed Metropolitan Park site for acquisition. The applicant proposes the sale
or transfer of 7.74 acres of land to the City for future cultural landscape, open space, and recreation
purposes and to add to the supply of significant riverfront open space in public ownership. If the
City purchases or accepts a portion of the property for parkland, an expansion of water related
parks and other facilities that allow access of the river would occur following development of said
land. As such the proposed amendments and zone change advances the City’s role pursuant to
the above policy. Therefore, the proposed amendments and zone change are consistent with
Policy D.3.
D.5 New development that locates along river corridors and waterways shall
be limited to uses that are compatible with the natural, scenic, and
environmental qualities of those water features.
As noted previously, the subject property includes 1,460 lineal feet of frontage along the Willamette
River. The subject property is located on an outer, scouring bank. The entire river frontage is
reinforced with revetments to provide bank stability and protect civil infrastructure. The vast
majority of the subject site is prior developed and has been used for industrial/utility uses since the
acquisition of the riverfront property in 1908. Since that time, large volumes of fill material have
been imported and placed on the subject site. The proposal involves redevelopment of prior
development areas.
As noted previously, a portion of the subject site is identified in the PROS Project and Priority Plan
as a proposed Metropolitan Park site for acquisition. The plan assigns the acquisition project a
Priority 1 level and allocates $1,500,000 in capital costs to “acquire land to provide significant
riverfront open space within [the] courthouse/cannery neighborhood.” The applicant proposes the
sale or transfer of 7.74 acres of land to the City for future cultural landscape, open space, and
recreation purposes and to add to the supply of significant riverfront open space in public
ownership. The identification of a portion of the subject size for park acquisition demonstrates the
proposed uses consistency with natural, scenic, and environmental qualities of the Willamette
River.
The Master Plan development process included extensive public involvement, as noted in the
findings for Goal 1 under EC 9.7730(3)(a), and an iterative design process that resulted in a
redevelopment concept centered on compatibility with natural, scenic, and environmental qualities,
as described in the Downtown Riverfront SAP (Exhibit A Downtown Riverfront Specific Area Plan).
The Master Plan envisions a green redevelopment of the subject property, with approximately eight
acres of dedicated public open space, new construction and adaptive re-use of buildings,
pedestrian-oriented streets connecting Downtown Eugene to the Willamette River, and a cultural
landscape that displays the ecological, social, industrial, and civic history of the place.
The Master Plan uses a modified version of the C-2 Commercial Base Zone permitted uses as a
guide for determining future allowable uses on the subject site, which are the basis for permitted
uses in the S-DR Zone (Exhibit B S-DR Downtown Riverfront Special Area Zone). The S-DR Zone
includes height standards that restrict the maximum height of buildings as development approaches
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the Willamette River, thus creating a step-down effect that limits the scale of buildings near the
resource. The maximum height of buildings in the proposed S-DR/CL sub-district, the designation
for areas adjacent to the river, is 30 feet consistent with maximum height standards in the NR and
PRO Zones.
Provisions of the CL sub-district will ensure compatibility with the natural, scenic, and environmental
qualities of the Willamette River through the future development of high-quality public open space,
recreation areas, interpretive sites, and river overlooks. Based on these findings, the proposed
amendments and zone change are consistent with Policy D.5.
D.9 Local and state governments shall continue to provide adequate public
access to the Willamette River Greenway.
The subject site is entirely within the City limits. The applicant owns all parcels within the subject
site. Existing public access along the Willamette River is provided by the Riverbank Trail, a paved
multi-use path that spans the entire length of the subject site. Within the subject site, public access
to the Riverfront Trail from surrounding areas in provided at three points: the western terminus of
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the DeFazio Bridge at the north end of the site, the EWEB plaza at the eastern terminus of 4
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Avenue, and a multi-use path connection extending from 6 Avenue to the Riverbank Trail at the
south end of the site.
As noted previously, the applicant proposes the sale or transfer of approximately 7.74 acres of land
to the City for future cultural landscape, open space, and public access purposes and to add to the
supply of significant riverfront open space in public ownership. As illustrated on Sheets L1 and L2
Site Plans (Exhibit G Plan Set), the proposal involves the relocation of the Riverbank Trail to
provide for additional landscape and open space area between the multi-use path and the river.
The proposed amendments and zone change designate said land for “parks and open space” uses.
The proposed S-DR Zone regulating plan designates public accessways, consistent with EC
9.6835, and identifies the relocated Riverbank Trail as an accessways, thus ensuring the continued
provision of public access along the Willamette River. In addition, provisions of the S-DR/CL sub-
district ensure high-quality public amenities along the riverfront including, overlooks, interpretive
sites, riverfront plaza, and riverfront park, which combine to expand public access opportunities
along the Willamette River.
Based on the above findings, the proposal ensures the continued provision of adequate public
access along the river. Based on these findings, the proposed amendments and zone change are
consistent with Policy D.9.
Environmental Design Element
E.1 In order to promote the greatest possible degree of diversity, a broad
variety of commercial, residential, and recreational land uses shall be
encouraged when consistent with other planning policies.
E.2 Natural vegetation, natural water features, and drainage-ways shall be
protected and retained to the maximum extent practical. Landscaping
shall be utilized to enhance those natural features. This policy does not
preclude increasing their conveyance capacity in an environmentally
responsible manner.
E.4 Public and private facilities shall be designed and located in a manner
that preserves and enhances desirable features of local and
neighborhood areas and promotes their sense of identity.
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E.5 Carefully develop sites that provide visual diversity to the urban area and
optimize their visual and personal accessibility to residents.
E.6 Local jurisdictions shall carefully evaluate their development regulations
to ensure that they address environmental design considerations, such
as, but not limited to, safety, crime prevention, aesthetics, and
compatibility with existing and anticipated adjacent uses (particularly
considering high and medium density development locating adjacent to
low density residential).
E.7 The development of urban design elements as part of local and
refinement plans shall be encouraged.
E.8 Site planning standards developed by local jurisdictions shall allow for
flexibility in design that will achieve site planning objectives while allowing
for creative solutions to design problems.
E.9 Refinement plans shall be developed to address compatibility of land
uses, safety, crime prevention, and visual impact along arterial and
collector streets, within mixed-use areas. During the interim period before
the adoption of a refinement plan, these considerations shall be
addressed by cities in approving land use applications in mixed use areas
by requiring conditions of approval where necessary.
The proposal is designed to facilitate mixed-use, pedestrian friendly redevelopment, including
residential lands and the findings herein demonstrate consistency with other applicable planning
policies. As illustrated on Sheets L1 and L2 Site Plan (Exhibit G Plan Set), the proposal will result
in the designation cultural landscape, open space, and riparian areas adjacent to the Willamette
River, which following redevelopment will be enhanced. The proposal does not change or affect
existing /WR overlay zone protections established in EC 9.49(1)(c)(1.) and other applicable
protection measures and development standards.
Development standards in the proposed S-DR Zone (Exhibit B S-DR Downtown Riverfront Special
Area Zone) are site specific and designed to be compatible with surrounding areas. The proposed
S-DR Zone includes development standards that regulate building height and form as well as
circulation patterns and view corridors, which are designed to ensure compatibility with adjacent
properties. The proposal involves the establishment of a SAP (Exhibit A Downtown Riverfront
Special Area Plan) as a refinement plan. The SAP incorporates urban design elements, which
have been translated into clear and objective development standards in the proposed S-DR Zone.
The design elements of the S-DR Zone adhere to form base code principles and are intended to
facilitate the redevelopment vision of the Master Plan and refinement plan. The proposed S-DR
Zone includes a design review process, which provides flexibility to employ creative solutions to
design problems. Based on these findings, the proposed amendments and zone change is
consistent with Policies E.1 through E.9.
Transportation Element
Land Use
F.1 Apply the nodal development strategy in areas selected by each
jurisdiction that have identified potential for this type of transportation-
efficient land use pattern.
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F.2 Support application of the nodal development strategy in designated
areas through information, technical assistance, or incentives.
F.3 Provide for transit-supportive land use patterns and development,
including higher intensity, transit-oriented development along major transit
corridors and near transit stations; medium- and high-density residential
development within ¼ mile of transit stations, major transit corridors,
employment centers, and downtown areas; and development and
redevelopment in designated areas that are or could be well served by
existing or planned transit.
F.4 Require improvements that encourage transit, bicycles, and pedestrians
in new commercial, public, mixed use, and multi-unit residential
development.
F.5 Within three years of TransPlan adoption, apply the ND, Nodal
Development, designation to areas selected by each jurisdiction, adopt
and apply measures to protect designated nodes from incompatible
development and adopt a schedule for completion of nodal plans and
implementing ordinances.
Sixteen (16) of the twenty-one (21) parcels that comprise the subject property are designated ND
th
Nodal Development. Five (5) parcels located north of 4 Avenue are not designated ND. The
proposed amendments apply the ND designation to those specific parcels, resulting in all properties
within the Downtown Riverfront having the ND designation. The proposed S-DR Zone (Exhibit B S-
DR Downtown Riverfront Special Area Zone) is designed to implement Nodal Development growth
management policies and to foster mixed-use development. The subject site is located within the
th
downtown core and in proximity to the 5 Street commercial corridor and major transit corridors.
The proposal involves reconstruction and relocation of the Riverbank Trail, implementation of
pedestrian-friendly street designs, and development standards proposed through the S-DR Zone
encourage transit, bicycle, and pedestrian use within the mixed-use development. The land use
components are the basis for the implementing ordinance for the designated ND area. Therefore,
proposed amendments and zone change are consistent with Policies F.1 through F.5.
Transportation Demand Management
F.7 Increase the use of motor vehicle parking management strategies in
selected areas throughout the Eugene-Springfield metropolitan area.
F.8 Implement TDM strategies to manage demand at congested locations.
As outlined in findings for Goal 10 under EC 9.7730(3)(a), redevelopment scenarios for the subject
site were tested and analyzed as part of the Master Plan process. A mixed-use development
scenario, which is what the S-DR Zone (Exhibit B S-DR Downtown Riverfront Special Area Zone)
has been designed to produce, was calculated to provide for an additional 404 dwelling units.
Pursuant to EC 9.3165, parking requirements of the proposed S-DR Zone for residential use are
between 0.5 and 2.25 spaces per unit. There are no minimum or maximum parking requirements
for commercial uses. Accordingly, the mixed-use development scenario referenced above would
provide between 202-909 parking spaces for 19.3 acres of development resulting in 10-47 spaces
per acre. The parking spaces per acre density requirements of the /ND designation are 12 spaces
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17
per acre. The proposed S-DR Zone allows for and promotes the use of interim parking areas,
paved areas currently used for parking or former utility operations, as a means to comply with
minimum parking requirements and reduce the amount of new surface parking areas, which is itself
a parking management strategy. The findings in Exhibit D TPR/TIA Report address intersection
function and congestions and are incorporated by reference herein. Based on these findings, the
proposed amendments and zone change are compliant with Policies F.7 through F.8.
Transportation System Improvements: System-Wide
F.11 Develop or promote intermodal linkages for connectivity and ease of
transfer among all transportation modes.
F.13 Support transportation strategies that enhance neighborhood livability.
Transportation System Standards in the proposed S-DR Zone (Exhibit B S-DR Downtown
Riverfront Special Area Zone) promote connectivity to existing streets and shape the block pattern
and neighborhood livability within the subject property. The proposal supports intermodal linkages
through pedestrian and bicycle friendly street design concepts, improvements to the Riverbank Trail
system, and accessway requirements, all of which will contribute to enhance neighborhood
livability. Therefore, the proposed amendments and zone change are compliant with Policies F.11
and F.13.
Transportation System Improvements: Roadways
F.14 Address the mobility and safety needs of motorists, transit users,
bicyclists, pedestrians, and the needs of emergency vehicles when
planning and constructing roadway system improvements.
F.15 Motor vehicle level of service policy:
a. Use motor vehicle level of service standards to maintain
acceptable and reliable performance on the roadway system.
These standards shall be used for:
(1) Identifying capacity deficiencies on the roadway system.
(2) Evaluating the impacts on roadways of amendments to
transportation plans, acknowledged comprehensive plans
and land-use regulations, pursuant to the TPR (OAR 660-
012-0060).
(3) Evaluating development applications for consistency with
the land-use regulations of the applicable local government
jurisdiction.
b. Acceptable and reliable performance is defined by the following
levels of service under peak hour traffic conditions: LOS E within
Eugene’s Central Area Transportation Study (CATS) area, and
LOS D elsewhere.
17
Metro Plan.
Lane Council of Governments (LCOG). 2004 Update.
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c. Performance standards from the OHP shall be applied on state
facilities in the Eugene-Springfield metropolitan area.
In some cases, the level of service on a facility may be substandard. The
local government jurisdiction may find that transportation system
improvements to bring performance up to standard within the planning
horizon may not be feasible, and safety will not be compromised, and
broader community goals would be better served by allowing a
substandard level of service. The limitation on the feasibility of a
transportation system improvement may arise from severe constraints,
including but not limited to environmental conditions, lack of public
agency financial resources, or land use constraint factors. It is not the
intent of TSI Roadway Policy #2: Motor Vehicle Level of Service to
require deferral of development in such cases. The intent is to defer
motor vehicle capacity increasing transportation system improvements
until existing constraints can be overcome or develop an alternative mix
of strategies (such as: land use measures, TDM, short-term safety
improvements) to address the problem.
This proposal adheres to existing development standards of roadways which implement effective
design that address safety concerns and service access needs. Therefore, the proposed
amendments and zone change are compliant with Policies F.14 and F.15.
Transportation System Improvements: Pedestrian
F.26 Provide for a pedestrian environment that is well integrated with adjacent
land uses and is designed to enhance the safety, comfort, and
convenience of walking.
F.27 Provide for a continuous pedestrian network with reasonably direct travel
routes between destination points.
F.28 Construct sidewalks along urban area arterial and collector roadways,
except freeways.
This proposal is designed to foster a vibrant and active pedestrian environment that is integrated
with on-site and adjacent uses. Provisions of the S-DR Zone (Exhibit B S-DR Downtown Riverfront
Special Area Zone) ensure high-quality public amenities along the riverfront including boardwalks,
public plaza, cultural landscape areas, interpretive and educational sites, and an improved
Riverbank Trail, as illustrated on Sheets L1 and L2 Site Plans (Exhibit G Plan Set). Proposed street
designs in the S-DR Zone incorporate pedestrian sidewalks on both sides that will establish and
interconnected system within the development site and provide direct routes between destination
points. The proposal does not involve arterial or collector roadways. Based on these findings, the
proposed amendments and zone change are consistent with Policies F.26 through F.28.
Transportation System Improvements: Roadways
F.17 Manage the roadway system to preserve safety and operational efficiency
by adopting regulations to manage access to roadways and applying
these regulations to decisions related to approving new or modified
access to the roadway system.
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A Programmatic Traffic Impact Analysis (TIA) has been prepared as part of this proposal (Exhibit D
TPR/TIA Report). The TIA measured peak hour impact under the proposed zoning for selected
redevelopment scenarios. The findings, as outlined in findings for Goal 9 in EC 9.7730(3)(a),
demonstrate no significant effect to existing transportation facilities. The proposed amendment is
compliant with existing regulations, including the TIA requirements, which demonstrate that it meets
roadway standards. Therefore, the proposed amendments and zone change are consistent with
Policy F.17.
Public Facilities and Services Element
Services to Development Within the Urban Growth Boundary: Planning and
Coordination
G.5 The cities shall continue joint planning coordination with major institutions,
such as universities and hospitals, due to their relatively large impact on
local facilities and services.
Implementation of the land use components of the proposal will consummate the results of joint
planning coordination between EWEB, the City of Eugene, and the University of Oregon, which
owns property adjacent to the subject site, through participation and involvement in the Master Plan
visioning process and development of the implementation tools herein. Based on these findings,
the proposed amendments and zone change are compliant with Policy G.5.
Energy Element
J.7 Encourage medium- and high-density residential uses when balanced
with other planning policies in order to maximize the efficient utilization of
all forms of energy. The greatest energy savings can be made in the
areas of space heating and cooling and transportation. For example, the
highest relative densities of residential development shall be concentrated
to the greatest extent possible in areas that are or can be well served by
mass transit, paratransit, and foot and bicycle paths.
J.8 Commercial, residential, and recreational land uses shall be integrated to
the greatest extent possible, balanced with all planning policies to reduce
travel distances, optimize reuse of waste heat, and optimize potential on-
site energy generation.
This proposal establishes the framework for a vibrant, active, pedestrian-oriented mixed-use
redevelopment. Form based development standards and transportation system standards in the
proposed S-DR Zone (Exhibit B S-DR Downtown Riverfront Special Area Zone) implement Nodal
Development and Transit-oriented Development principles. The subject site is located within
th
walking distance to the downtown core and the 5 Street commercial corridor, as well as LTD
transit routes and the Amtrak rail station. On-site circulation patterns and public amenities along
the riverfront are designed to promote pedestrian and bicycle activities. Based on these findings,
the proposed amendments and zone change are consistent with Policies J.7 and J.8.
The findings in EC 9.7730(3)(b) above demonstrate that the proposed amendments and zone
change are consistent with all applicable Metro Plan policies. As such, approval of this proposal
does not make the Metro Plan internally inconsistent. This criterion is satisfied.
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Metro Plan Amendments Conclusion
Based on the above findings, the proposed amendments are consistent with applicable approval
criteria.
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5.2 Refinement Plan Amendments and Refinement Plan Adoption
The subject site is within the boundaries of the Downtown Plan, Riverfront Park Study, and
Whiteaker Plan. The proposal involves Refinement Plan text amendments to repeal Downtown
Riverfront Policies 2 and 3 in the Downtown Plan and EWEB Policy II.E.1, II.E.2, and II.E.3 in the
Riverfront Park Study, as the policies are now obsolete. The proposal does not amend the
Whiteaker Plan. Descriptions of the refinement plan text changes are presented below. Findings of
compliance with applicable approval criteria and standards are provided under EC 9.8424.
The proposal involves the adoption of the Downtown Riverfront Specific Area Plan as a refinement
plan to guide future redevelopment. Findings of compliance for applicable approval criteria and
standards in EC 9.3020 are provided in Section 5.3 under EC 9.8065.
Downtown Plan
The proposal amends the Downtown Riverfront section, pg. 29, are as follows:
Downtown Riverfront, Pg. 29
Policies
1.Incorporate the Willamette River as an integral element to downtown planning
and development.
2.Collaborate with EWEB to encourage relocation of their utility facilities.
In 2010, the applicant (EWEB) relocated their utility operations and maintenance functions from the
subject site to the new Roosevelt Operations Center (ROC) in west Eugene. Therefore, this policy
is obsolete.
3.A master plan for the EWEB riverfront property must be approved by the City
before an redevelopment, land use application rezoning, Metro Plan or
refinement plan diagram amendments are approved for uses not associated
with EWEB functions. The master plan shall be evaluated based on the master
plan’s consistency with principles A through D below:
A.Create a “people place” that is active, vibrant, accessible and multi-
use.
B.Provide appropriate setbacks, deeper where environmental or habitat
issues are more critical, shallower in other areas.
C.Incorporate appropriate building and site design techniques that address
environmental concerns.
D.Incorporate an educational aspect, so that the riverfront improvements
teach us about our river, our history, and our city.
The master plan shall be considered using the City’s Type II application
procedures, unless the applicant elects to have the master plan reviewed
concurrently with a Type III, Type IV or Type V application.
The proposal establishes the Downtown Riverfront SAP (Exhibit A Downtown Riverfront Specific
Area Plan), which implements the redevelopment vision of the Master Plan, as a refinement plan.
The Master Plan process was completed using the above principles A-D as guiding principles and
the resulting vision has been translated into a policy document, the Downtown Riverfront SAP. The
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land use components herein are submitted pursuant to Type V application procedures as specified
above. Based on these findings, this policy is obsolete.
4. 2. Facilitate dense development in the courthouse area and other sites
between the core of downtown and the river.
The proposal renumbers Policy 4 to Policy 2 to reflect the repeal of Policies 2 and 3.
Implementation Strategies
The proposal does not amend the Implementation Strategies section.
The proposal removes the first project in the Projects section, as follows:
Projects
Examples of possible projects that address the implementation strategies:
Partner with EWEB to develop a master plan for the EWEB site.
As noted in Section 2.1, a Master Plan for the EWEB site was completed in 2010. Therefore, this
policy is obsolete.
Riverfront Park Study
The proposal repeals all policies in section E, pg.11-12, as follows:
E. EWEB
The following policies are intended to provide direction for future action pertaining to the
EWEB main facility and steam plant.
1.Property under EWEB ownership within the Riverfront Park Study Area shall remain
designated for the utility’s main headquarters.
In 1983, EWEB embarked on a project to develop a Headquarters Master Plan that
investigates alternative for consolidating its 428 employees and major operations at the
existing riverfront site. This policy recognizes that the draft EWEB Master Plan, once
adopted, will be the bases for future decisions relating to the develop of EWEB’s land and
operations facilities. It also recognizes that EWEB is an important employer and service
provider in the Riverfront Study Area and is especially important because of its proximity
to downtown Eugene. The recently adopted Downtown Plan similarly recognized EWEB’s
continued presence in the study area and anticipates continuing improvements in river
access in concert with the implementation of the EWEB Master Plan.
The applicant (EWEB) has prepared a new Master Plan for future redevelopment of the subject site.
This proposed SAP (Exhibit A Downtown Riverfront Specific Area Plan) and S-DR (Exhibit B S-DR
Downtown Riverfront Special Area Zone), the implementing regulatory framework, include
provisions for improvements to river access in concert with redevelopment. Based on these
findings, this policy is obsolete.
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2. The City of Eugene shall work with EWEB and the University of Oregon to
investigate actions which could be taken to implement improvements in the efficiency
of the steam plants operated by both organizations in the Riverfront Study area.
This policy commits the City of Eugene to work with both the University of Oregon and
EWEB to attempt to identify ways to increase efficiencies in steam plant operations of both
organizations. Increasing steam facility efficiencies has potential impact on future users,
e.g., those in the Riverfront Park Area as well as existing steam customers, and
consequently is an important community-wide economic diversification issue.
The Steam Plant is being decommissioned and is no longer operational. Therefore, this policy is
obsolete.
3. Property owned by the University of Oregon, and currently leased by EWEB for its
pole yard, shall be included in the property available for redevelopment for new
facilities in the Riverfront Park.
This policy recognizes that the current pole storage is an interim use, and that the University
may implement redevelopment plans in its role as property owner.
The applicant owns all parcels within the subject site. The proposal does not include any
University-owned properties. The applicant (EWEB) no longer leases the pole yard from the
University of Oregon. Based on these findings, this policy is obsolete.
Findings of compliance with applicable approval criteria and standards are provided in EC 9.8424
below.
EC 9.8424 Refinement Plan Amendment Approval Criteria. The planning commission shall evaluate proposed
refinement plan amendments based on the criteria set forth below, and forward a recommendation to
the city council. The city council shall decide whether to act on the application. If the city council
decides to act, it shall approve, approve with modifications or deny a proposed refinement plan
amendment. Approval, or approval with modifications shall be based on compliance with the
following criteria:
(1) The refinement plan amendment is consistent with all of the following:
(a) Statewide planning goals.
Findings for EC 9.7730(3)(a) demonstrate the proposal’s consistency with applicable Statewide
Planning goals and are incorporated by reference herein. Based on these findings, this criterion is
satisfied.
(b) Applicable provisions of the Metro Plan.
Findings for EC 9.7730(3)(b) demonstrate the proposal’s consistency with applicable policies of the
Metro Plan and are incorporated by reference herein. Based on these findings, this criterion is
satisfied.
(c) Remaining portions of the refinement plan.
The proposed amendments to the Downtown Plan reflect the establishment of the Downtown
Riverfront SAP (Exhibit A Downtown Riverfront Specific Area Plan) and the Downtown Riverfront
SAZ (Exhibit B S-DR Downtown Riverfront Special Area Zone). The proposed changes are
consistent with the purpose of updating the plan to reflect a new community policy. The policies
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proposed for removal are obsolete. The proposal will further the goals and policies of the
Downtown Plan. The provisions, standards, and development criteria in the proposed S-DR Zone
satisfy remaining policies, fulfill the implementation strategies, and execute projects for the subject
site within the Downtown Plan. The proposed amendments are consistent with the remaining
portions of the plan.
The proposed amendments to the Riverfront Park Study are consistent with the purpose of updating
the plan to reflect a new community policy. These policies proposed for removal are obsolete as
they pertain to elements of the site that are no longer pertinent or remain. The proposed
amendments will not affect the plan’s ability to regulate and guide development within its
boundaries and are consistent with remaining portions of the plan. This criterion is satisfied.
(2) The refinement plan amendment addresses one or more of the following:
(a) An error in the publication of the refinement plan.
(b) New inventory material which relates to a statewide planning goal.
(c) New or amended community policies.
(d) New or amended provisions in a federal law or regulation, state statute, state
regulation, statewide planning goal, or state agency land use plan.
(e) A change of circumstances in a substantial manner that was not anticipated at the time
the refinement plan was adopted.
The proposed amendments do not address an error in the publication of the applicable refinement
plan, new inventory materials related to statewide planning goals, new or amended state or federal
laws, regulations or policies or a change of circumstances not anticipated at the time of plan
adoption. Therefore, criteria EC 9.8424(2)(a), (b), (d), and (e) above are not applicable to the
proposed amendments. Pursuant to subsection (c), the proposed amendments address new or
amended community policies, as described below.
In 2001, the City Council adopted amendments to TransPlan, the Metro Plan, and the land use
code to implement a nodal development strategy. The majority of the subject site is identified to
implement a nodal development strategy and is designated as such by the Metro Plan land use
diagram. The proposed amendments apply the nodal development (ND) designation to five (5)
parcels within the subject site that do not currently have the ND designation, resulting in all
properties within the subject site having the ND designation. The proposal implements the nodal
development strategy, as described in findings addressing consistency with the Metro Plan policies
for EC 9.7730(3)(b), consistent with this criterion. The Master Plan was completed using existing
Downtown Plan policies 3.A. through D. as guiding principles. The Downtown Plan and the
Riverfront Park Study have not been updated to reflect the new and amended community policies
as established in the SAP and SAZ and represented in the Master Plan. Based on these findings,
this criterion is satisfied.
Refinement Plan Amendments and Refinement Plan Adoption Conclusion
Based on the findings above, the proposed amendments and adoption are consistent with
refinement plan amendment criteria.
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5.3 Code Amendments
The proposal involves amendments to the land use code to adopt the Downtown Riverfront Specific
Area Plan, establish the S-DR Downtown Riverfront Special Area Zone, and revise other
development standards and criteria for consistency with the S-DR Downtown Riverfront Special
Area Zone. Revisions to other development standards and criteria in EC Chapter 9 are included as
Exhibit C Code Amendments. Findings of compliance with applicable approval criteria are provided
under EC 9.8065.
EC 9.8065 Code Amendment Approval Criteria. If the city council elects to act, it may, by ordinance, adopt an
amendment to this land use code that:
(1) Is consistent with applicable statewide planning goals as adopted by the Land Conservation
and Development Commission.
Findings for EC 9.7730(3)(a) demonstrate the proposed amendments consistency with applicable
Statewide Planning goals and are incorporated by reference herein. Based on these findings, this
criterion is satisfied.
(2) Is consistent with applicable provisions of the Metro Plan and applicable adopted refinement
plans.
Findings for EC 9.7730(3)(b) demonstrate the proposed amendments consistency with applicable
policies of the Metro Plan and are incorporated by reference herein. Based on these findings, this
criterion is satisfied.
(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.
The proposed amendments involve the establishment of the S-DR Downtown Riverfront Special
Area Zone (Exhibit B S-DR Downtown Riverfront Special Area Zone). Findings of compliance with
the criteria of EC 9.3020 are provided below.
EC 9.3020 Criteria for Establishment of an S Special Area Zone. Before adopting an ordinance establishing a S
Special Area Zone, the city council shall find that the proposal is in compliance with following criteria:
(1) The area to which the S Special Area Zone is being applied meets at least one of the following
criteria:
(a) Is identified in the Metro Plan or a refinement plan as appropriate for nodal
development or for a special range of uses or development that can best be achieved
with the use of a special area zone; or
(b) Possesses distinctive buildings or natural features that require special consideration to
ensure appropriate development, preservation, or rehabilitation. In order to be
considered distinctive, it must be demonstrated that:
1. The area 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.
Resulting from the 2001 Metro Plan amendments referenced in findings for EC 9.8424(2), the
majority of the subject site is designated as a Nodal Development area by the Metro Plan Diagram,
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in accordance with EC 9.3020(1)(a). The subject site contains distinctive buildings including the
EWEB Headquarters, Willamette Substation, and Steam Plant in accordance with EC
9.3020(1)(b)(1.). In addition, the subject site is located along the Willamette River, an inventoried
Goal 5 Resource, in accordance with EC 9.3020(1)(b)(2.). Based on these findings, this criterion is
satisfied.
(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 Master Plan envisions a green redevelopment of the subject property, with approximately eight
acres of dedicated public open space, new construction and adaptive re-use of buildings,
pedestrian-oriented streets connecting Downtown Eugene to the Willamette River, and a cultural
landscape that displays the ecological, social, industrial, and civic history of the place. It
establishes a framework of streets, open space, and redevelopment parcels as well as a set of
allowable uses and use requirements. The Master Plan promotes a mix of diverse, compatible, and
pedestrian-friendly uses as the prevalent land use pattern. It seeks to increase concentrations of
populations and employment by promoting residential, office, and retail uses.
The Master Plan uses a modified version of the C-2 Commercial Base Zone permitted uses as a
basis for determining planned uses and their development intensities on the subject site. The land
use code allows for a mixture of commercial and residential uses within the C-2 Zone. However,
standards and requirements that apply specifically to mixed-use projects are real and perceived
barriers to mixed-use development. In addition, the C-2 Zone allows limited park uses but applies
standards, requirements, and limitations of the PRO Parks, Recreation, and Open Space Zone to
proposed uses, which depending on the use, can trigger discretionary review process. The
combination of use limitations and restrictive standards create barriers to the development of
cultural landscape and open space areas, as envisioned by the Master Plan.
Regulatory barriers described above led to the evaluation of other approaches to implementing land
use regulations, and the special area zone (S) designation was identified as the best available tool
to facilitate mixed-use development, while also addressing compatibility with surrounding
commercial and residential neighborhoods and natural resource areas. The S designation, and
supporting land use code sections, is used to regulate areas identified for nodal development and
mixed-use development, including S-CN Chase Node, S-RN Royal Node, S-W Whiteaker, and S-
WS Walnut Station. The proposed S-DR Zone (Exhibit B Downtown Riverfront Special Area Zone)
blends prescriptive standards, which are the basis for traditional codes, with form-based standards,
which relate to development form and de-emphasize use restrictions. Uses are still regulated,
using permitted uses in the C-2 and PRO Zones as the basis for allowable uses, but are
categorized within broad categories. The proposed S-DR Zone contains a list of permitted uses
allowed in the Downtown Riverfront site (EC 9.3145, Exhibit B S-DR Downtown Riverfront Special
Area Zone) and a list of prohibited uses (EC 9.3146, Exhibit B S-DR Downtown Riverfront Special
Area Zone). Use limitations ensure that, in specific areas along the riverfront, uses are consistent
with the objectives of establishing active and vibrant, pedestrian-oriented mixed-use development.
The above measures facilitate implementation of the planned uses.
Development standards in the proposed S-DR Zone facilitate the adaptive reuse of existing
distinctive buildings (EC 9.3148, Exhibit B Downtown Riverfront Special Area Zone), including: the
EWEB Headquarters, Midgley’s Building, Operations and Warehouse Building, and Steam Plant, by
preempting certain site development standards that present barriers to preservation or
rehabilitation. Development standards and guidelines in the proposed S-DR zone are based on
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existing standards in the PRO, PL, and NR Zones and promote the enhancement of cultural
landscape and open space areas (EC 9.3185, Exhibit B Downtown Riverfront Special Area Zone).
Additional established protections in the /WR conservation overlay zone designed to protect natural
resources remain applicable to proposed uses on the subject site.
The SAP (Exhibit A Downtown Riverfront Specific Area Plan) and SAZ (Exhibit B S-DR Downtown
Riverfront Special Area Zone) have been designed with the intent of establishing the framework to
fulfill the redevelopment vision. Provisions and development standards in the S-DR Zone are
designed to guide and shape future development pursuant the Master Plan vision. Further specific
analysis of the subject site is included in the SAP, which is incorporated by reference herein. Once
adopted, the documents will become part of City’s guiding framework for land use regulation. Both
documents are designed to provide regulatory incentives that facilitate redevelopment and direct
growth and density to the subject site. The proposed SAZ and SAP allow for mixed-use
development, preservation and rehabilitation of distinctive building and natural features, and enable
implementation of the planned use of the properties within the subject site. Based on these
findings, this criterion is satisfied.
(3) Except for areas zoned S-H Historic Special Area zone, the area to be classified S Special Area
includes at least ½ acre in area.
There are no areas within the subject property zoned S-H Historic Special Area Zone. The subject
property comprises 27.06 acres. Therefore, this criterion does not apply.
(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.
Findings for EC 9.8865 demonstrate the proposals compliance with applicable Zone Change
Approval Criteria and are incorporated by reference herein. Based on these findings, this criterion
is satisfied.
Findings for EC 9.3030 demonstrate that the proposal, involving the adoption and establishment of
a new special area zone, fulfills the requirements necessary to do so.
EC 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.
Within the proposed S-DR Zone (Exhibit B S-DR Downtown Riverfront Special Area Zone) a
‘Purpose’ section is included as EC 9.3130. Therefore, this criterion is satisfied.
(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.
The proposed S-DR Zone (Exhibit B S-DR Downtown Riverfront Special Area Zone) contains a
‘Permitted Uses’ section codified as EC 9.3145, which outlines uses permitted outright and uses
permitted subject to special standards. Therefore, this criterion is satisfied.
(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.
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The proposed S-DR Zone (Exhibit B S-DR Downtown Riverfront Special Area Zone) contains a
‘General Development Standards’ section codified as EC 9.3155. Therefore, this criterion is
satisfied.
(4) Lot Standards containing lot area and dimension standards applicable in the particular S
Special Area zone.
The proposed S-DR Zone (Exhibit B S-DR Downtown Riverfront Special Area Zone) contains a ‘Lot
Standards’ section codified as EC 9.3150. Therefore, this criterion is satisfied.
(5) Siting Requirements in addition to those at EC 9.8865 Zone Change Approval Criteria.
The proposed S-DR Zone (Exhibit B S-DR Downtown Riverfront Special Area Zone) contains a
‘Siting Requirements’ section codified as EC 9.3140. Therefore, this criterion is satisfied.
Code Amendments Conclusion
Based on the above findings, and supporting documentation in Exhibit C Code Amendments, the
codes amendments are consistent with applicable approval criteria.
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5.4 Zone Change
The proposal involves the re-zoning of sixteen (16) parcels (totaling approximately 25.94 acres)
within the subject site from I-2 Light Medium Industrial, I-3 Heavy Industrial, and PL Public Land to
S-DR Downtown Riverfront Special Area Zone, which is established under the concurrent
amendments to the land use code; and, to remove the /TD Transit Oriented Development Overlay
Zone on twelve (12) parcels (totaling approximately 18.10 acres) within the subject site. Five (5)
parcels will retain the S-W Whiteaker Special Area Zone designation and nine (9) parcels will retain
the existing /WR Water Resources Conservation Overlay Zone designation.
Table 5-4 presents existing and proposed base and overlay zone designations for parcels within the
subject site. Exhibit I City of Eugene Zoning Diagram illustrates existing and proposed zoning
diagram changes. Assessor’s map and tax lot numbers are shown on Sheet C1 Cover Sheet
(Exhibit G Plan Set).
Findings of compliance with applicable Zone Change approval criteria are provided in EC 9.8865.
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Table 5-4 Existing and Proposed City of Eugene Zoning
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EC 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.
As noted previously, the proposal amends the Metro Plan diagram to re-designate two (2) parcels
with the Heavy Industrial designation and one (1) parcel with the Parks and Open Space
designation to the Mixed Use Area designation and apply the Nodal Development overlay
designation to five (5) parcels within the subject site. As noted previously, the proposal involves a
zone change, which is dependent upon approval of the Metro Plan diagram amendment, to re-zone
sixteen (16) parcels from I-2 Light Medium Industrial, I-3 Heavy Industrial, and PL Public Land to S-
DR Downtown Riverfront Special Area Zone, which is established under the concurrent
amendments to the land use code; and, to remove the /TD Transit Oriented Development Overlay
Zone on twelve (12) parcels (totaling approximately 18.10 acres). Five (5) parcels will retain the S-
W Whiteaker Special Area Zone designation and nine (9) parcels will retain the existing /WR Water
Resources Conservation Overlay Zone designation.
The proposal does not amend the written text of the Metro Plan nor are any of the proposed
amendments in conflict with the text and diagram, as the proposal relies upon existing designations.
The proposed zone changes are designed to implement Metro Plan nodal development and mixed-
use development policies through the establishment of a SAZ (Exhibit B S-DR Downtown Riverfront
Special Area Zone) specifically designed to facilitate redevelopment, mixed-use development, and
public access. The findings of EC 9.7730(3)(b) demonstrate the consistency of the proposed zone
change with the Metro Plan written text and are incorporated by reference herein. Based on the
above findings, this criterion is satisfied.
(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.
The subject property is included within the Downtown Plan boundaries and the Riverfront Research
Park Plan boundaries. As part of the implementation of the redevelopment vision, the proposal
involves the adoption of the Downtown Riverfront Specific Area Plan (Exhibit A Downtown
Riverfront Specific Area Plan) as a refinement plan. Approval of the zone change is dependent
upon approval of these refinement plan diagram and text amendments.
The Downtown Riverfront Specific Area Plan includes a land use diagram that designates all
parcels within the subject site for S-DR Downtown Special Area Zone, with the exception of (5)
parcels designated S-W Whiteaker Special Area Zone which retain that designation, consistent with
this zone change request. The proposal amends the Downtown Plan and Riverfront Research Park
Study to reflect the establishment of the SAP, to remove obsolete sections, and to address
inconsistencies between plans, as demonstrated in findings for EC 9.8424(1)(c). Regarding the
removal of the /TD Transit Oriented Development Overlay Zone from the subject property, the
development standards in the proposed S-DR Zone (Exhibit B S-DR Downtown Riverfront Special
Area Zone) duplicate the development standards in the /TD Overlay Zone, with minor modifications
to align with the redevelopment vision, and are designed to achieve superior performance in
development form. The provisions of the /TD Overlay Zone are designed to supplant those of the
applicable base zone or overlay zone. As the provisions of the S-DR Zone duplicate and exceed
the provisions of the /TD Overlay Zone, retention of the /TD Overlay Zone would create
inconsistencies and is therefore is no longer warranted. Based on the above findings, this criterion
is satisfied.
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(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 minimum level of key urban facilities and services are defined in the Metro Plan as including
wastewater service, stormwater service, transportation, solid waste management, water service, fire
and emergency medical services, police protection, City-wide parks and recreation programs,
electric service, land use controls, communication facilities, and public schools on a district-wide
18
basis. Wastewater, stormwater, and transportation facilities are currently available or can be
extended in an orderly and efficient manner within a reasonable timeframe as needed, consistent
with this criterion.
The subject property is located within the UGB and within the downtown core area of Eugene. The
subject parcels are currently developed and served by existing urban facilities and services. Future
redevelopment will necessitate extension of such services as is typical. Exhibit F Infrastructure
Memorandum provides an evaluation of existing Stormwater, Sanitary Sewer, and Water utilities
within the subject property, the findings of which are incorporated by reference herein. Existing
transportation facilities are sufficient to handle the proposed re-zoning and subsequent
development as demonstrated by the findings and conclusions in the TPR/TIA Report (Exhibit D
TPR/TIA Report).
Findings of compliance with Statewide Planning Goals 11 and 12, under EC 9.7730 above, further
demonstrate compliance with this criterion. Other public services are available to properties within
Eugene’s UGB, including the subject parcels, and are available to serve them. Re-zoning subject
parcels to S-DR and removing the /TD overlay will not affect the provision of key urban services.
Based on the above findings, this criterion is satisfied.
(4) The proposed zone change is consistent with the applicable siting requirements set out for the
specific zone in:
(a) EC 9.2150 Commercial Zone Siting Requirements.
(b) EC 9.2430 Industrial Zone Siting Requirements.
(c) EC 9.2510 Natural Resource Zone Siting Requirements.
(d) EC 9.2610 Park, Recreation, and Open Space Siting Requirements.
(e) EC 9.2681 Public Land Zone Siting Requirements.
(f) EC 9.2735 Residential Zone Siting Requirements.
(g) EC 9.3055 S-C Chambers Special Area Zone Siting Requirements.
(h) EC 9.3105 S-CN Chase Node Special Area Zone Siting Requirements.
(i) EC 9.3205 S-DW Downtown Westside Special Area Zone Siting Requirements.
(j) EC 9.3305 S-E Elmira Road Special Area Zone Siting Requirements.
(k) EC 9.3605 S-JW Jefferson Westside Special Area Zone Siting Requirements.
(l) EC 9.3705 S-RP Riverfront Park Special Area Zone Siting Requirements.
(m) EC 9.3805 S-RN Royal Node Special Area Zone Siting Requirements.
(n) EC 9.3905 S-W Whiteaker Special Area Zone Siting Requirements.
(o) EC 9.3955 S-WS Walnut Station Special Area Zone Siting Requirements.
(p) EC 9.4205 /EC East Campus Overlay Zone Siting Requirements.
(q) EC 9.4715 /WP Waterside Protection Overlay Zone Siting Requirements.
(r) EC 9.4776 /WQ Water Quality Overlay Zone Siting Requirements (only for the purposes
of adding the overlay zone. See EC 9.4786.).
(s) EC 9.4915 /WR Water Resources Conservation Overlay Zone Siting Requirements (only
for the purposes of adding the overlay zone. See EC 9.4960.).
18
Metro Plan.
Lane Council of Governments (LCOG). Glossary page V-3.2004 Update.
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(t) EC 9.4815 /WB Wetland Buffer Overlay Zone Siting Requirements.
(u) 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 S-DR Downtown Riverfront Special Area Zone is being established in the land use code as part
of the implementation of the redevelopment vision. Approval of the zone change is dependent upon
the approval of these code amendments. The proposed code amendments add S-DR siting
requirements and renumber EC 9.8865(4)(j) through (v) accordingly, as included in Exhibit C Code
Amendments.
The proposed S-DR Zone (Exhibit B S-DR Downtown Riverfront Special Area Zone) includes siting
requirements, which require, in addition to the approval criteria of EC 9.8865, that the site to be
rezoned must be included within the Downtown Riverfront area depicted on Figure 9.3135(1) of the
proposed S-DR Zone. The siting requirements of the S-DR Zone under EC 9.3140 also state when
a property is rezoned as part of the rezoning process, the City shall identify the plan sub-district
designation applicable to the property, in accordance with EC 9.3135 plan sub-districts. The
proposed S-DR Zone regulatory plan, as depicted on Figure 9.3135(1), includes two sub-districts;
mixed-use and cultural landscape and open space.
Regarding the removal of the /TD Overlay Zone from twelve (12) parcels and the retention of the
/WR overlay zone on nine (9) parcels, there are no siting requirements related to the /TD Overlay
Zone and the /WR Overlay Zone siting requirements only apply for the purposes of adding the
overlay zone. Based on the above findings, the proposed zone change is consistent with the
criterion.
(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 proposal does not involve the application of the /NR Zone. This criterion does not apply.
Zone Change Conclusion
Based on the above findings, the zone change is consistent with applicable criteria.
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5.6 Willamette Greenway Permit
Statewide Planning Goal 15, Willamette River Greenway, provides that:
“The qualities of the Willamette River shall be protected, conserved, enhanced and
maintained consistent with lawful uses present on December 6, 1974. Intensifications of
uses, changes of use or developments may be permitted after this date only when they are
consistent with the Willamette Greenway Statute, this Goal and [other standards].”
Regarding “other standards,” EC 9.8800-9.8825 provides that:
“EC 9.8800 Purpose of Willamette Greenway Permits. Intensifications of uses, changes in
use, or development require special consideration before being permitted within the
boundaries of the Willamette River Greenway. * * * Urban uses may be allowed but
conditions of approval may be imposed as are deemed necessary to carry out the purpose
and intent of the Willamette River Greenway, and to ensure that any intensifications of uses,
changes in use, or developments within the Willamette Greenway boundaries are
compatible with nearby uses within the Willamette Greenway.”
“EC 9.8805 Applicability. Willamette Greenway permit applications are required for
intensification of uses, changes in use, or developments within the boundaries of the
Willamette River Greenway * * * .
As illustrated on Sheet R1 Regulatory Plan (Exhibit G Plan Set), approximately 19.75 acres of the
subject site are within the boundaries of the Willamette River Greenway. As noted previously, the
proposal involves changes in use. Subsequent redevelopment will involve intensifications of uses
and new development. Therefore, the proposal requires special consideration and approval of a
Willamette Greenway permit to allow development to proceed in accordance with the
redevelopment vision and to ensure compatibility with nearby uses.
Findings of compliance with applicable approval criteria and standards are provided in EC 9.8815.
As used in this section, the words "the greatest possible degree" are drawn from Oregon Statewide
Planning Goal 15 (F.3.b.) and are intended to require a balancing of factors so that each of the
identified Willamette Greenway criteria is met to the greatest extent possible without precluding the
requested use.
EC 9.8815 Willamette Greenway Permit Approval Criteria and Standards. Willamette Greenway permit approval
may be granted only if the proposal conforms to all the criteria in subsections (1) through (4), and the
applicable standards of subsection (5) as follows:
(1) To the greatest possible degree, the intensification, change of use, or development will provide
the maximum possible landscaped area, open space, or vegetation between the activity and
the river.
This proposal involves intensification, change of use, and new development within the Willamette
Greenway, therefore the remaining provisions of EC 9.8815(1) apply to the request.
In the prior approved Willamette Greenway permit for the Autzen Stadium expansion (WG 01-1) the
Hearings Official interpreted this criterion, as follows:
“The intent of this criterion is, in large part, to ensure the continued integrity of the
landscaping area and scenic qualities adjacent to the river, for the benefit of those enjoying
the river’s scenic and aesthetic attributes.”
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As shown on Sheet R1 Regulatory Plan (Exhibit G Plan Set), of the portion of the subject property
within the Greenway Boundary, open spaces areas consist of approximately 1.71 acres. As
illustrated on Sheets S1 and S2 Existing Conditions Plan, the natural vegetative fringe along the
Willamette River, containing landscape areas and vegetation, is limited to the area between the
waters edge the easternmost edge of the Riverbank Trail, with the exception of small patches of
landscaping (islands, planter strips, and foundation plantings) associated with parking areas and
access drives within the site. The vast majority of the subject site is prior developed and has been
used for industrial/utility uses since the acquisition of the riverfront property in 1908. Since that
time, large volumes of fill material have been imported and placed on the subject site and the entire
length of riverbank is armored with riprap. The average slope of the riverbank, between the
Riverbank Trail and water’s edge, ranges between 34 and 44 percent. These factors have reduced
riverbank complexity, which, has contributed to a loss of riparian habitat on the subject site (Exhibit
E Riverfront Ecological Analysis and Design Report). Of the area of the subject site within the
Willamette Greenway boundary, 92 percent of the site is covered by building or structures
(approximately 5.92 acres), impermeable surfaces (approximately 9.03 acres), or other (gravel)
surfaces (3.09 acres), as illustrated on Sheet R1 Regulatory Plan.
The proposed amendments and zone change re-zone sixteen (16) parcels within the subject site to
the proposed S-DR Zone (Exhibit B S-DR Downtown Riverfront Special Area Zone). The special
area zone establishes two land use sub-districts; a mixed-use sub-district (S-DR/CL) and a cultural
landscape and open space sub-district (S-DR/CL). The proposed S-DR/CL sub-district comprises
approximately 7.74 acres of land adjacent the Willamette River and includes existing landscape
areas, open space, and vegetation adjacent to the Willamette River, as described above. Permitted
and prohibited uses are consistent with those allowed in the PRO Zone. Proposed development
standards are based on exiting established development standards in the PRO, NR, and PL Zones,
and are designed to achieve equal or higher performance in landscape and open space site
protection, restoration, and enhancement. The S-DR/CL sub-district implements the cultural
landscape and open space program framework and design guidelines of the SAP (Exhibit A
Downtown Riverfront Specific Area Plan). Implementation of the cultural landscape and open
space framework ensures high-quality landscape areas and open space between redevelopment
areas and the river. In addition, the proposal does not affect existing established /WR Overlay
Zone protections, which establishes a 100-foot conservation setback along the Willamette River
within the subject site. The /WR provisions limit the types of activities permitted within the setback
and will ensure the continued provision of landscape and open space area between redevelopment
and the river.
As shown on Sheet C1 Cover Sheet, the proposal will result in approximately 7.74 acres of land
dedicated as cultural landscape and open spaces areas. Pursuant to redevelopment, the proposal
will create approximately 3.43 acres of new landscape and open space area and will increase the
overall site coverage of said areas by 12 percent. The above findings demonstrate that the
proposal will provide the maximum possible landscape area, open space, and vegetation between
redevelopment and the river. Based on the above findings, this criterion is satisfied.
(2) To the greatest possible degree, necessary and adequate public access will be provided along
the Willamette River by appropriate legal means.
As founded in 1911 and chartered by the City, the applicant (EWEB) is a municipal publicly owned
utility. The applicant owns all parcels within the subject site. Existing public access along the
Willamette River is provided by the Riverbank Trail, a paved multi-use path that spans the entire
length of the subject site. Within the subject site, public access to the Riverfront Trail from
surrounding areas is provided at three points: the western terminus of the DeFazio Bridge at the
th
north end of the site, the EWEB plaza at the eastern terminus of 4 Avenue, and a multi-use path
th
connection extending from 6 Avenue to the Riverbank Trail at the south end of the site.
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A portion of the subject site is identified in the PROS Project and Priority Plan as a proposed
Metropolitan Park site for acquisition. The plan assigns the acquisition project a Priority 1 level and
allocates $1,500,000 in capital costs to “acquire land to provide significant riverfront open space
within [the] courthouse/cannery neighborhood.” The applicant proposes the sale or transfer of
approximately 7.74 acres of land to the City for future cultural landscape, open space, and public
access purposes and to add to the supply of significant riverfront open space in public ownership.
As illustrated on Sheets L1 and L2 Site Plans (Exhibit G Plan Set), the proposal involves the
relocation of the Riverbank Trail to provide for additional landscape and open space area between
the multi-use path and the river. The proposed amendments and zone change designate said land
for “parks and open space” uses. The proposed S-DR Zone regulating plan designates public
accessways, consistent with EC 9.6835, and identifies the relocated Riverbank Trail as an
accessways, thus ensuring the continued provision of public access along the Willamette River. In
addition, provisions of the S-DR/CL sub-district ensure high-quality public amenities along the
riverfront including, overlooks, interpretive sites, riverfront plaza, and riverfront park, which combine
to expand public access opportunities along the Willamette River.
Based on the above findings, the proposal ensures the continued provision of necessary and
adequate public access along the river. Therefore, this criterion is satisfied.
(3) The intensification, change of use, or development will conform with applicable Willamette
Greenway policies as set forth in the Metro Plan.
Findings of compliance with applicable Metro Plan Willamette Greenway policies are included in EC
9.7730(3)(b) and are incorporated by reference herein. Based on these findings, this criterion is
satisfied.
(4) In areas subject to the Willakenzie Area Plan, the intensification, change of use, or
development will conform with that plan’s use management considerations.
The subject site is not located within the boundaries of the Willakenzie Area Plan. This criterion
does not apply.
(5) In areas not covered by subsection (4) of this section, the intensification, change of use, or
development shall conform with the following applicable standards:
(a) Establishment of adequate setback lines to keep structures separated from the
Willamette River to protect, maintain, preserve, and enhance the natural, scenic,
historic, and recreational qualities of the Willamette Greenway. Setback lines need not
apply to water related or water dependent activities as defined in the Oregon Statewide
Planning Goals and Guidelines (OAR 660-15-000 et seq.).
The subject property does not have an established Willamette Greenway setback line. As
illustrated on Sheets L1 and L2 Site Plan (Exhibit G Plan Set), the applicant proposes the
establishment of a Willamette Greenway setback line to keep structures separated from the river
and to protect, maintain, preserve, and enhance the natural, scenic, historic, and recreational
qualities of the Willamette Greenway. The proposed setback line is site specific, context sensitive,
and responds to existing conditions and the redevelopment vision, as described below.
Section C.3 of Goal 15 sets out use management considerations and requirements for local plans
and implementing measures. Subsection (k) provides for the Greenway setback. Other relevant
considerations include providing adequate public access to the river, protection of significant fish
and wildlife habitat, and enhancing and protecting the natural vegetative fringe along the River.
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As noted above and illustrated on Sheets S1 and S2 Existing Conditions Plan, the existing natural
vegetative fringe along the Willamette River is limited to the area between the waters edge and the
easternmost edge of the existing Riverbank Trail, with the exception of small patches of
landscaping (islands, planter strips, and foundation plantings) associated with parking areas and
access drives within the site. The vast majority of the area within the Greenway boundary is
developed and has been used for industrial/utility uses since the acquisition of the riverfront
property in 1908. In addition, large volumes of fill material have been imported and placed on the
subject site, and the entire length of riverbank is armored with riprap. The average slope of the
riverbank, between the Riverbank Trail and water’s edge, ranges between 34 and 44 percent.
These factors have reduced riverbank complexity, which, has contributed to a loss of riparian
habitat (Exhibit E Riverfront Ecological Analysis and Design Report). Within the Greenway
boundary 92 percent of the site is covered by buildings/structures (approximately 5.92 acres),
impermeable surfaces (approximately 9.03 acres), or other (gravel) surfaces (3.09 acres). Existing
structures proposed to remain include the EWEB Headquarters, Steam Plant, and Willamette
Substation.
As illustrated on Sheet R1 Regulatory Plan, the proposed Greenway setback varies in width from
25 feet to 125 feet adjacent the Willamette River, as delineated from the top-of-bank. The setback’s
variable width responds to existing site conditions and anticipated redevelopment consistent with
the Master Plan vision. Existing structures, including the EWEB Headquarters, Steam Plant, and
Willamette Substation are excluded from the setback area. The EWEB Headquarters and Steam
Plant are envisioned for adaptive reuse and are therefore excluded to enable future redevelopment.
At the northern boundary of the subject site, the setback encompasses all property currently in use
as open space. The setback aligns with the eastern perimeter of the EWEB Headquarters North
Building and EWEB Headquarters South Building and increases to approximately 110 feet to
encompass the waterfront plaza and public access point between buildings. In the middle portion of
the subject site, the setback aligns with the eastern edge of the proposed relocated Riverfront Trail,
is approximately 90 feet in width, and includes all areas designated for park use between the trail
and the river. Further south, the setback aligns with the eastern perimeters of the Steam Plant and
Willamette Substation and includes all areas between those properties and the river. In the
southern portion of the subject site, the setback increases to approximately 120 feet to encompass
additional areas designated for park or cultural landscape and open space uses.
In total the proposed Willamette Greenway Setback will protect 3.19 acres of the subject site.
Adoption of the setback ensures that no new buildings will be constructed between the setback and
the river, that adequate public access is provided along the river frontage, that limited existing
habitat is preserved, and that the remaining natural vegetative fringe is protected. Section C.3.K of
Goal 15 provides guidance on uses allowed within the Willamette Greenway Setback in accordance
with the above objectives.
“A setback line will be established to keep structures separated from the river in order to
protect, maintain, preserve and enhance the natural, scenic, historic, and recreational
qualities of the Willamette River Greenway, as identified in Greenway Inventories. The
setback line shall not apply to water-related or water-dependent uses.”
Water-related uses are defined as:
“Uses which are not directly dependent upon access to a water body, but which provide
goods or services that are directly associated with water-dependent land or waterway use,
and which, if not located adjacent to water, would result in a public loss of quality in the
goods or services offered. Except as necessary for water-dependent or water-related uses
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or facilities, residences, parking lots, spoil and dump sites, roads and highways, restaurants,
businesses, factories, and trailer parks are not generally considered dependent on or related
to water location needs.”
Water-dependent uses are defined as:
“A use or activity which can be carried out only on, in, or adjacent to water areas because
the use requires access to the water body for water-borne transportation, recreation, energy
production, or source of water.”
As illustrated on Sheets L1 and L2 Site Plan, the proposal involves the development of interpretive
sites, overlooks, trails, boardwalks, multi-use paths, and green infrastructure within the proposed
Willamette Greenway Setback, in addition to riparian restoration and enhancement. All of the
proposed uses within the setback are considered water-related in their capacity to provide or
enhance recreational access to the Willamette River.
In order to establish the greenway setback line and associated protections, facilitate redevelopment
in accordance with the Master Plan vision, and promote the adaptive reuse of existing structures
within the subject site, the applicant proposes the following condition of approval:
Proposed Condition of Approval
1. A Willamette Greenway Setback line is established on the subject site through the
provisions of Section 9.3147 of the Downtown Riverfront Special Area Zone (Exhibit B) to
keep structures separated from the river in order to protect, maintain, preserve and
enhance the natural, scenic, historic, and recreational qualities of the Willamette River
Greenway, as identified in Greenway Inventories. The setback line shall not apply to
water-related or water-dependent uses.
The proposed greenway setback line is generally consistent with the 100-foot conservation setback
established by the /WR Overlay Zone. Based on the above findings, and as conditioned, this
criterion is satisfied.
(b) Protection of significant fish and wildlife habitats as identified in the Metropolitan Plan
Natural Assets and Constraints Working Paper. Sites subsequently determined to be
significant by the Oregon Department of Fish and Wildlife shall also be protected.
As noted previously, the eastern portion of the subject site is within the Willamette River Greenway,
a natural asset, as identified in the Metro Natural Assets & Constraints Working Papers. The
Willamette River is adjacent to the development site and is identified as a Goal 5 Water Resource
by the Goal 5 Water Resource Conservation Plan. As identified on the Adopted Protection
Designations for the Eugene Goal 5 Wetland, Riparian, and Upland Wildlife Habitat Inventories Map
dated November 14, 2005, the Willamette River is categorized a Category A Stream. All parcels
within the subject site that abut the Willamette River have /WR Water Resource Conservation
overlay zoning. Pursuant to EC 9.4920(1)(c)(1.), Category A streams with a distinguishable high
bank have a 100 foot setback applied to top of bank (TOB) as part of the /WR overlay zoning. The
proposed amendments do not change protections established by the 100-foot /WR conservation
setback in EC 9.4920(1)(c)(1.) or affect inventoried Goal 5 Water Resources.
According to ODFW, two salmonid populations listed under the ESA are documented as occurring
within the reach of the Willamette River that flows through the project area:
▪
Upper Willamette River spring Chinook (Oncorhynchus tshawytscha) and Critical Habitat –
federally threatened (FT)
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LAND USE COMPONENTS
▪
Columbia River bull trout (Salvelinus confluntus) Distinct Population Segment (DPS) and Critical
Habitat - FT
There are no other documented occurrences of significant wildlife species within the subject site.
ODFW has not made any subsequent determinations of significant sites on the subject property.
Based on these findings, this criterion is satisfied.
(c) Protection and enhancement of the natural vegetative fringe along the Willamette River
to the maximum extent practicable.
As noted previously, the subject property includes 1,460 lineal feet of frontage along the Willamette
River. The subject property is located on an outer, scouring bank. The entire river frontage is
reinforced with revetments to provide bank stability and protect civil infrastructure. The average
slope of the riverbank, between the Riverbank Trail and water’s edge, ranges between 34 and 44
percent. The vast majority of the subject site is prior developed and has been used for
industrial/utility uses since the acquisition of the riverfront property in 1908. Since that time, large
volumes of fill material have been imported and placed on the subject site. These factors have
reduced riverbank complexity, which, has contributed to a loss of riparian habitat on the subject site
(Exhibit E Riverfront Ecological Analysis and Design Report). Other on-site vegetation consists of
trees, shrubs, and groundcovers within parking lot landscape islands and landscape strips adjacent
to sidewalks, parking areas, and buildings; and, a narrow strip of shrubs and grasses between the
westernmost edge of the Riverbank Trail and developed areas. As illustrated on Sheets S1 and S2
Existing Conditions Plan (Exhibit G Plan Set), the natural vegetative fringe along the Willamette
River is limited to the area between the waters edge the easternmost edge of the Riverbank Trail,
with the exception of a small strip of landscaping along the west edge of the Riverbank Trail.
Existing riparian vegetation protection measures established by the /WR Overlay Zone in EC
9.4900-9.4980 will not be affected by the proposal. The proposal designates approximately 7.74
acres of land adjacent the Willamette River for cultural landscape and open space uses. S-DR/CL
sub-district development standards are designed to facilitate the restoration and enhancement of
the natural vegetative fringe along the Willamette River, as illustrated on Sheets L1 and L2 Site
Plans and described in the Downtown Riverfront SAP (Exhibit A Downtown Riverfront Specific Area
Plan). Based on these findings, the proposal protects and enhances the natural vegetative fringe to
the maximum extent practicable without precluding the requested use. This criterion is satisfied.
(d) Preservation of scenic qualities and viewpoints as identified in the Metropolitan Plan
Natural Assets and Constraints Working Paper.
The Metropolitan Natural Assets and Constraints Working Paper does not identify any scenic
qualities or viewpoints on the subject site. This criterion does not apply.
(e) Maintenance of public safety and protection of public and private property, especially
from vandalism and trespass in both rural and urban areas to the maximum extent
practicable.
As provided by Goal 15, Willamette River Greenway, Section J (OAR 660-015-0005):
“Nothing in this Goal is intended to authorize public use of private property. Public use of
private property is a trespass unless appropriate easements and access have been
acquired in allowance with law to authorize such use.”
The applicant (EWEB) is a publicly owned utility and owns all parcels within the subject site. The
proposal does not encourage trespass on private property. All public improvements will be
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LAND USE COMPONENTS
constructed in accordance with standards specified in EC 9.6505. The improved and relocated
Riverbank Trail, a multi-use path, will be lit in accordance with accessway lighting standards and
designed to accommodate emergency vehicles. Proposed S-DR Zone (Exhibit B S-DR Downtown
Riverfront Special Area Zone) development standards are consistent with those in the land use
code and will contribute to foster public safety and protect of public and private property. Based on
these findings, this criterion is satisfied.
(f) Compatibility of aggregate extraction with the purposes of the Willamette River
Greenway and when economically feasible, applicable sections of state law pertaining to
Reclamation of Mining Lands (ORS Chapter 517) and Removal of Material; Filling (ORS
Chapter 541) designed to minimize adverse effects to water quality, fish and wildlife,
vegetation, bank stabilization, stream flow, visual quality, noise, safety, and to
guarantee necessary reclamation.
The proposal does not involve aggregate extraction nor will it have any impact on existing
aggregate resources. This criterion does not apply.
(g) Compatibility with recreational lands currently devoted to metropolitan recreational
needs, used for parks or open space and owned and controlled by a general purpose
government and regulation of such lands so that their use will not interfere with
adjacent uses.
The 2006 Parks, Recreation & Open Space (PROS) Comprehensive Plan is adopted as an
aspiration and guiding document for the City and contains an inventory of existing parks, recreation,
and open space resources. PROS Appendix B identifies an existing multi-use path, a segment the
Ruth Bascom Riverbank Trail, on the subject site. Alton Baker Park is located across the
Willamette River, on the east bank of the river. The northern portion of the site abuts open space
owned by the City and associated with the Defazio Bridge.
As noted previously, a portion of the subject site is identified in the PROS Project and Priority Plan
as a proposed Metropolitan Park site for acquisition. The plan assigns the acquisition project a
Priority 1 level and allocates $1,500,000 in capital costs to “acquire land to provide significant
riverfront open space within [the] courthouse/cannery neighborhood.” The applicant proposes the
sale or transfer of 7.74 acres of land to the City for future cultural landscape, open space, and
recreation purposes and to add to the supply of significant riverfront open space in public
ownership. The identification of a portion of the subject size for park acquisition demonstrates the
proposed uses consistency with the PROS Plan and City lands currently developed to recreational
needs.
The Master Plan development process included extensive public involvement, as noted in the
findings for Goal 1 under EC 9.7730(3)(a), and an iterative design process that resulted in a
redevelopment concept centered on compatibility with nearby uses, including recreational lands, as
described in the Downtown Riverfront SAP (Exhibit A Downtown Riverfront Specific Area Plan).
The Master Plan envisions a green redevelopment of the subject property, with approximately eight
acres of dedicated public open space, new construction and adaptive re-use of buildings,
pedestrian-oriented streets connecting Downtown Eugene to the Willamette River, and a cultural
landscape that displays the ecological, social, industrial, and civic history of the place. It
establishes a framework of streets, open space, and redevelopment parcels as well as a set of
allowable uses and use requirements.
The proposal establishes the S-DR Zone (Exhibit B S-DR Downtown Riverfront Special Area Zone)
as a special area zone. The S-DR Zone was designed with specific intent of compatibility with
nearby uses including recreational lands. The Master Plan uses a modified version of the C-2
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LAND USE COMPONENTS
Commercial Base Zone permitted uses as a guide for determining future allowable uses on the
subject site. The Master Plan promotes a mix of diverse, compatible, and pedestrian-friendly uses
as the prevalent land use pattern. The S-DR Zone includes height standards that restrict the
maximum height of buildings as development approaches cultural landscape and open space areas
adjacent to the Willamette River, thus creating a step-down effect that limits the scale of buildings
near recreational areas. The maximum height of buildings in the proposed S-DR/CL sub-district,
the designation for cultural landscape and open space areas, is 30 feet consistent with maximum
height standards in the NR and PRO Zones.
The proposed S-DR Zone regulations are designed to ensure compatibility with adjacent uses. The
above findings demonstrate the proposals compatibility with recreation lands, parks, and open
space owned by the City. Based on these findings, this criterion is satisfied.
(6) When site review approval is required, the proposed development will be consistent with the
applicable site review criteria.
The proposal does not involve or require Site Review. This criterion does not apply.
(7) The proposal complies with all applicable standards explicitly addressed in the application.
An approved adjustment to a standard pursuant to provisions beginning at EC 9.8015 of this
land use code constitutes compliance with the standard.
The above findings demonstrate compliance with applicable standards explicitly addressed in this
application. No adjustment to standards are requested or needed. Based on these findings, this
criterion is satisfied.
Willamette Greenway Permit Conclusion
Based on the above findings, the request is consistent with applicable criteria.
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5.8 Conclusion
The approved Master Plan represents the community’s vision for the redevelopment of the
Downtown Riverfront. The Master Plan is a framework that builds certainty about the vision for the
subject property, while being flexible enough to allow this vision to be realized in different ways.
The Master Plan envisions a green redevelopment of the subject property, with approximately eight
acres of dedicated public open space, new construction and adaptive re-use of buildings,
pedestrian-oriented streets connecting Downtown Eugene to the Willamette River, and a cultural
landscape that displays the ecological, social, industrial, and civic history of the place.
Extensive public involvement was a key component to the creation of a redevelopment strategy that
resonates with Eugene residents and satisfies community needs. Throughout the Master Plan
development process, public input was integrated during design iterations and incorporated into
decision-making equations that resulted in the EWEB Riverfront Master Plan.
The purpose of the proposal is to facilitate redevelopment of the Downtown Riverfront site
consistent with the Master Plan vision, to create development standards and urban design
guidelines that shape redevelopment, and to enable the transformation of the area into a “people
place” that is active, vibrant, accessible and multi-use. The land use components described herein
implement the regulatory framework necessary to guide and shape future redevelopment of the
subject site.
Based on available information and supporting materials, and the findings in Sections 5.1 through
5.7, the proposal is consistent with all applicable approval criteria.
Cameron McCarthy FINAL SUBMITTAL | December 5, 2012
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ATTACHMENTC
ExParteDisclosureStatementforMayorKittyPiercy
DatedJune12,2013
Tomyknowledge,IhavenothadanyspecificdiscussionsregardingtheparticularEWEBMaster
PlanproposalsbeforetheCityCouncil.Ihavehaddiscussionswithmembersofthepublicwhohave
expressedinterestindevelopingtheEWEBpropertyinparticularways.However,thosediscussions
weregeneralinnatureanddidnotexpresssupportoroppositiontotheparticularplanamendments,
codechangesandzonechangesbeingproposed.
{00092123;1}
ExParteDisclosureStatementforCityCouncilMemberGeorgeBrown
DatedJune12,2013
Tothebestofmyrecollection,Ihavenothadanydiscussions,norhaveIsentorreceivede
mails,regardingtheEWEBmasterplanissue.
{00092118;1}
ExParteDisclosureStatementforCityCouncilMemberBettyTaylor
DatedJune12,2013
Ihavehaddiscussionswithmembersofthepublicwhohaveexpressedparticularviewsabout
howtheEWEBpropertymightorshouldbedevelopedorpreserved.DifferentpeopleIhavespoken
withhaveexpressedmanydifferingviewsonthesubject.However,ingeneralIdonotrecallthatIhave
hadanyspecificconversationsrelatedtothespecificEWEBmasterplanproposalsthatarecurrently
beforethecitycouncil.
{00092116;1}
ExParteDisclosureStatementforCityCouncilMemberAlanZelenka
DatedJune12,2013
AsfarasIcanremember,IhavenotdiscussedtheEWEBmasterplanissuewithanyone,either
inpersonorviaemail,outsideofpublicmeetings.Ihavereadarticlesrelatedtothematterinthe
RegisterGuardandhavewatchedandlistenedtotelevisionandradionewsreportsontheissue.
{00092071;1}
ExParteDisclosureStatementforCityCouncilMemberGeorgePoling
DatedJune12,2013
IhavehaddiscussionswithcitizensregardingtheEWEBMasterPlanapplicationsinpublic
meetings,openhousesandatorganizedpresentationstoneighborhoodassociationgroups.Those
discussionsweregeneralinnature,andIdonotspecificallyrecalltheexacttopicsdiscussed.Inthepast
year,Ihaveavoidedconversationswithindividualsregardingthisissuebecauseofmyinvolvementasa
citycouncilor.Ihavereceivedgeneralemailsfromcitystaffandthemayor,addressedtotheentire
councilregardingtheissue,butasfarasIcanremember,Ihavenotexchangedemailswithmembersof
thegeneralpublicregardingthisissue.
{00092061;1}
ExParteDisclosureStatementforCityCouncilMemberMikeClark
DatedJune12,2013
IhavespokenwithandtomorepeopleandgroupsthanIcanrecalloverthelastseveralyearsaboutmy
visionforacityhallontheEWEBadminpropertysectionandhowthatcouldaffectotherpartsofthe
EWEBpropertyandmythoughtsabouttheirdevelopmentovertime.
Ihavealsowrittenseveralarticlesforthenewspaperandgivenspeechestogroupslikethecityclubon
thesubject.
AlthoughIhavethoughtsandpreferences,Icancertainlymakeanunbiaseddecisionbasedonthe
recordandthelaw.
{00092114;1}
ExParteDisclosureStatementforCityCouncilMemberGregEvans
DatedJune12,2013
Tothebestofmyrecollection,Ihavenothadanydiscussions,norhaveIsentorreceivede
mails,regardingtheEWEBmasterplanissue.
{00092120;1}
ExParteDisclosureStatementforCityCouncilMemberClairSyrett
DatedJune12,2013
IhaveonlybeenonthecitycouncilsinceOctober,2012,andsohavenothadthelonghistory
withthisissuethatothercouncilorsmighthavehad.AsfarasIcanremember,Ihavenotdiscussedthis
issuewithanyone,eitherinpersonorviaemail,otherthanmyhusband,outsideofpublicmeetings.I
merelymentionedthefactofthemasterplantomyhusbandandthatnewdevelopmentwasbeing
proposedfortheEWEBsite.
{00092066;1}
ExParteDisclosureStatementforCityCouncilMemberChrisPryor
DatedJune12,2013
Ihavenothadanydiscussionswithinterestedpartiesormembersofthegeneralpublic
regardingtheEWEBMasterPlanapplication.Iwasawarethatatleastaportionofthisissuewas
regardedasquasijudicialinnatureandsoIavoidedhavingdiscussionsabouttheissuesinvolved.
{00092073;1}