The URL can be used to link to this page

Home My WebLink AboutApplication Narrative14WCommunity Development CITY OF EUGENE DOWNTOWN RIVERFRONT CODE AMENDMENTS (CA 19-1), REFINEMENT PLAN AMENDMENTS (RA 19- 1), ZONE CHANGES (Z 19-5), WILLAMETTE GREENWAY PERMIT (WG 19-3), TENTATIVE SUBDIVSION (ST 19-3), AND STANDARDS REVIEW (SDR 19-2) 1.0 PROJECT INFORMATION 1.1 Applicant's Request Approval of a City-initiated package of related land use applications necessary to implement an updated concept plan for redevelopment of the Downtown Riverfront. Includes Code Amendments, Refinement Plan Amendments, Zone Changes, Willamette Greenway Permit, Tentative Subdivision, and Standards Review approvals. 1.2 Property Owner City of Eugene Urban Renewal Agency 99 West 10th Avenue Eugene, OR 97401 1.3 Applicant City of Eugene Community Development 99 West 10th Avenue Eugene, OR 97401 1.4 Applicant's Representative Colin McArthur, AICP Cameron McCarthy 160 E. Broadway Eugene OR 97401 541.485.7385 colin0cameronmccarthy.com 1.5 Designated Contact Allie Camp Community Development Division 99 West 10th Avenue Eugene, OR 97401 541.682.5480 ACamp eugene-or.gov City of Eugene FINAL SUBMITTAL DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 1.6 Subject Property Map 17033044 Tax Lots 07400, 07500, 08200, 08300, 08400, 08500 Map 17032933 Tax Lots 01400, 01500, 01600, 01800, 01900, 02000, 02600, 02700, 02900, 02901 Map 17033222 Tax Lots 00100, 00300, 00400, 00401, 00800, 00801, 00802, 00803, 01600, 01500 Map 17033111 Tax Lots 00100, 00300 19,2019 1.7 Location South bank of the Willamette River, including land on both sides of the Ferry Street Viaduct, and north of the Southern Pacific Railroad tracks (see Figure 2-1). 1.8 Property Size 26.87 acres 1.9 Plan Designations MU Mixed Use HDR High Density Residential POS Parks and Open Space 1.10 Plan Overlay Designations /ND Nodal Development Overlay 1.11 Zoning Designations S-DR Downtown Riverfront Special Area Zone S-W Whiteaker Special Area Zone PL Public Land I-2 Light-Medium Industrial 1.12 Overlay Zoning Designations /SR Site Review /TD Transit Oriented Development /WR Water Resources Conservation 1.13 Neighborhood-Applicant Meeting March 28, 2019 City of Eugene Atrium Building 99 West 10th Avenue Eugene, OR 97401 City of Eugene FINAL SUBMITTAL 2 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 Table 1-1. List of Parcels 19,2019 Map and Tax Lot No Acres Plan Designation Base Zone Designation Overlay Zone Designation . Existing Existing Proposed Existing Proposed 17032933 / 01400 0.12 POS / ND S-DR S-DR WR WR 17032933 / 01500 0.09 POS / ND PL S-DR WR WR 17032933 / 01600 0.11 POS / ND S-DR S-DR WR WR 17032933 / 01800 0.03 POS / ND S-DR S-DR WR WR 17032933 / 01900 0.18 POS / ND I-2 S-DR TD / WR WR 17032933 / 02000 0.11 POS / ND S-DR S-DR WR WR 17032933 / 02600 0.25 MU/ND S-W S-DR SR - 17032933 / 02700 0.42 HDR, MU / ND S-DR S-DR - - 17032933 / 02900 0.24 MU/ND S-DR S-DR WR WR 17032933 / 02901 0.40 MU/ND S-DR S-DR WR WR 17033044 / 07400 0.29 MU S-W S-DR SR - 17033044 / 07500 0.29 MU/ND S-W S-DR SR - 17033044 / 08200 0.21 MU/ND S-W S-DR SR - 17033044 / 08300 0.08 MU/ND S-W S-DR SR - 17033044 / 08400 0.29 MU /ND S-W S-DR SR - 17033044 / 08500 1.54 HDR, MU / ND S-DR S-DR - - 17033111 / 00100 0.26 HDR, MU / ND S-DR S-DR - - 17033111 /00300 0.48 HDR, MU / ND S-DR S-DR - - 17033222 / 00100 2.33 MU/ND S-DR S-DR WR WR 17033222 / 00300 1.90 HDR, MU / ND S-DR S-DR - - 17033222 / 00400 0.40 HDR, MU / ND S-DR S-DR - - 17033222 / 00401 0.64 HDR, MU / ND S-DR S-DR - - 17033222 / 00800 7.28 MU/ND S-DR S-DR WR WR 17033222 / 01500 1.18 POS / ND S-DR S-DR WR WR 17033222 / 01600 0.41 POS / ND S-DR S-DR WR WR 17033222 / 00801 3.02 MU/ND S-DR S-DR WR WR 17033222 /00802 2.90 POS / ND S-DR S-DR WR WR 17033222 /00803 1.42 MU/ND S-DR S-DR WR WR TOTAL 26.87 City of Eugene FINAL SUBMITTAL DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 April 19, 2019 2.0 DESCRIPTION OF PROPOSAL 2.1 Overview The City of Eugene Community Development Division, the "applicant", requests approval to implement the land use components of the Downtown Riverfront Concept Plan, which was presented to City Council on January 31, 2018. City Council initiated land use code amendments to implement the plan on July 9, 2018. The land use components, identified herein as implementation tools, consist of a concurrent request for approval of Code Amendments, Refinement Plan Amendments, Zone Changes, Willamette Greenway Permit, Tentative Subdivision, and Standards Review approvals. The Downtown Riverfront site (Figure 2-1) (subject property, subject site) is 26.87 acres in size and comprised of 28 parcels (Table 1-1). As shown in Figure 2-1, the subject site is bounded by the Willamette River to the north and east; University of Oregon (UO) Riverfront Research Park lands to the east and south; the Union Pacific Railroad corridor and High Street to the south and west; and, 4th Avenue to the north, with the exception of six parcels located north of 4th Avenue. 2.2 Background The Eugene Water & Electric Board (EWEB) Riverfront Master Plan was adopted by the EWEB Board in 2010, a key step in reconnecting downtown to the Willamette River. The Master Plan, which included a significant multi-year public engagement process, was adopted by City Council in 2013 along with land use policies to support its implementation, including establishment of the Downtown Riverfront Special Area Zone (S-DR). In November 2013, the EWEB Board of Directors declared as surplus approximately 17 acres. The City determined that redevelopment of the property had the potential to achieve the following objectives: • Create a new downtown neighborhood; • Provide an inviting place along the river for the entire community; • Enhance connectivity along the riverfront path system; • Strengthen the economic identity of the region with key connections to the downtown innovation district, the Knight Campus, and the regional River Districts concept; and • Become a signature destination and focal point in 2021 and beyond. In 2017, the City of Eugene Urban Renewal Agency (Agency) entered into a Purchase and Sale agreement with EWEB to purchase approximately 17 acres of surplus property, identified as the Downtown Riverfront. That agreement provided for a due diligence period and completion of several technical details necessary to finalize the Agency's purchase of the property. On April 17, 2018, the Agency finalized the purchase of approximately 17 acres from EWEB. Concurrent with the Agency's purchase of the surplus property, EWEB conveyed to the City approximately three additional acres, along the Willamette River, for development of a new Riverfront park. On June 16, 2017, the Agency entered into an Exclusive Negotiation Agreement with Williams/Dame Associates (WDA), the development entity selected through EWEB's Request for Qualifications process following the University of Oregon Foundation's withdrawal. On January 24, 2019, a Development and Disposition Agreement (DDA) was signed between the Agency and WDA for approximately 8 acres of the subject site. The Exclusive Negotiation Agreement with WDA does not include the historic EWEB Steam Plant included within the surplus property being purchased by the Agency. This allows the Agency to consider a broad range of future uses for the Steam Plant, particularly uses that have the potential to attract a wide range of community members to the Downtown Riverfront. City of Eugene FINAL SUBMITTAL 4 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 19,2019 On January 31, 2018, the Agency received a presentation from WDA on the Downtown Riverfront Concept Plan, (Figure 2-2) which includes a 125-room hotel, approximately 285 units of market rate housing (owner-occupied townhomes and apartments), an affordable housing project for low-income persons (75-100 units), over 14,000 square feet of commercial (including at least one restaurant), open space, and a public plaza. The one-acre public plaza is proposed as a seamless extension of the three-acre Downtown Riverfront Park, and the park and plaza will be managed as part of the City's park system. Additional open space under the Coburg Road viaduct is proposed to remain in private ownership and developed as a publicly accessible recreation area. On May 29, 2018, the Agency Board received an initial presentation on the proposed terms of an agreement with WDA that would set the stage for the future redevelopment of the site. On June 25, 2018, the Agency held a public hearing on the proposed project and 16 people provided testimony. In partnership with WDA, the City hosted several events and attended multiple speaking engagements to inform community members on the current proposal for redevelopment, including: • Approximately 100 contacts at June First Friday Art Walk booth • Two River Guides meetings • Sustainability Commission Riverfront Committee meeting on April 10 • Presentation to members of the Downtown Neighborhood Association steering committee • Presentation at Young Professionals Summit attended by over 500 people • Presentation to Chamber of Commerce stakeholders • Open House attended by over 200 people on June 20 • Public hearing on June 25 • Information via displays in the Atrium Building, Library and online at www.eugene- or.gov/Riverfront The Downtown Riverfront Park design process is currently underway and includes the Public Plaza for a total of a 4.1-acres of park space. Park planners heard from over 1,800 people in the kickoff meeting and associated survey. Additional public meetings were held on July 19, 2018 and September 27, 2018. During the course of the public engagement process for the Riverfront Park, the Parks and Open Space Division received more than 3,500 responses from the community about how they envision the Downtown Riverfront Park. Community Development Staff prepared a cost-benefit analysis to show the impacts of the public investments in the Downtown Riverfront site (Attachment R). The cost-benefit analysis calculates the fiscal impacts to the City and the Riverfront Urban Renewal District. It also uses the Triple Bottom Line framework to help City Council/Urban Renewal Agency consider market and non-market impacts associated with investment decisions. The City/Agency share of the costs associated with the overall site redevelopment is estimated at $12.2 million. The private investment will, in turn, generate new, taxable value. Over 30 years, the new development will generate about $42 million in property taxes to the Riverfront Urban Renewal District, the City, Lane County, School District 4J, LCC, and Lane ESD combined. Of this amount, the City of Eugene FINAL SUBMITTAL DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 19,2019 District will collect about $2.8 million by the time the District sunsets in 2024, and the City will collect about $19.8 million from 2025 to 2049.1 If no private development occurs, the property will continue to generate almost no tax revenue. The non-fiscal impacts of the WDA concept plan have limited negative consequences and many positive elements. The proposal will establish a new neighborhood with greater connectivity and opportunities for auto-free travel and lifestyle. The proposal will not displace any existing residents and will contribute jobs and housing for a variety of income levels, including affordable housing for low-income households. The proposal creates an inviting, accessible shared park space along the Willamette River, with improved riparian habitat. The River Guides reviewed and discussed the Downtown Riverfront Concept Plan, terms, and cost- benefit analysis over two meetings. On June 15, 2018, the River Guides unanimously approved a motion recommending approval of the proposed WDA concept and terms. City Council initiated a land use code amendment to implement the plan on July 9, 2018. Redevelopment of the Downtown Riverfront property supports many goals for Eugene and downtown, as listed below. Eugene Downtown Plan • Incorporate the Willamette River as an integral element to downtown planning and development. Envision Eugene Pillars • Promote compact urban development and efficient transportation options. • Integrate new development and redevelopment in the downtown, in key transit corridors and in core commercial areas. • Meet the 20-year multi-family housing need within the existing Urban Growth Boundary. • Make compact urban development easier in the downtown, on key transit corridors, and in core commercial areas. • Provide housing affordable to all income levels. • Provide ample economic opportunities for all community members. • Protect, repair, and enhance neighborhood livability. • Protect, restore, and enhance natural resources. Regional Prosperity Economic Development Plan Strategy 5: Identify as a Place to Thrive - Priority Next Step - Urban Vitality As we foster a creative economy, dynamic urban centers are an important asset. Eugene, Springfield and many of the smaller communities in the region recognize the importance of supporting and enhancing vitality in their city centers. Building downtowns as places to live, work, and play will support the retention and expansion of the existing business community and be a significant asset to attract new investment. The Cities of Eugene and Springfield will 1 Cost-Benefit Analysis: Redeveloping the Downtown Riverfront Site. City of Eugene. July 3, 2018. City of Eugene FINAL SUBMITTAL DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 19,2019 continue to enhance their efforts to promote downtown vitality through development and redevelopment. Eugene Climate & Energy Action Plan • Increase density around the urban core and along high-capacity transit corridors. • Continue to expand and improve Eugene's bicycle and pedestrian infrastructure and connectivity to increase the percentage of trips made by bike and on foot. City of Eugene FINAL SUBMITTAL DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 April 19, 2019 Figure 2-1. Downtown Riverfront Site -41 i~ 21 1 rg, 04. °a j 1 x w w- , ILI y ~ ~ it ! ' 1 9!'J I E41.F^ MA City of Eugene FINAL SUBMITTAL 8 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 April 19, 2019 Figure 2-2. Downtown Riverfront Concept Plan 2,3 z Downtown Riverfront Concept Plan, January 2018. Williams/Dame Associates and SERA Architects. s The regulatory approvals necessary for construction of the proposed bridge across the Willamette River, as shown in Figure 2-2, are not included in this proposal. City of Eugene FINAL SUBMITTAL 9 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 April 19, 2019 2.3 Specific Request The subject property is designated 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 S-DR Downtown Riverfront Special Area Zone, S-W Whiteaker Special Area Zone, Public Land (PL), and Light-Medium Industrial (I-2) 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 Code Amendments, Refinement Plan Amendments, Zone Changes, Willamette Greenway Permit, Tentative Subdivision and Standards Review approvals. Each of the individual land use components is described below. All applications are being processed in according to the highest application type (Type V), in accordance with Eugene Code (EC) 9.8005. Findings of compliance with applicable policies, approval criteria, and standards are provided in Section 3.0 Approval Criteria and Standards. • Code Amendments The proposal involves Code Amendments pursuant to EC 9.8060 to amend EC 9.3160 S-DR Downtown Riverfront Special Area Zone, EC 9.6792 Stormwater Quality, EC 9.8010 List of Adopted Plans, EC 9.8030 Adjustment Review, and Map 9.8670 Downtown Traffic Impact Analysis Exempt Area; as necessary to implement the updated vision and concept plan for redevelopment of the former EWEB riverfront site. Includes changes to the codified regulating plan, height standards, and other form-based zoning standards for mixed-use development and a new riverfront park; also includes related code amendments to integrate the updated zoning with other parts the of City's land use code. • Refinement Plan Amendments The proposal involves Refinement Plan amendments pursuant to EC 9.842 1, to amend the Whiteaker Plan, to allow for removal of existing Site Review overlays on parcels zoned S- W/SR and S-W/TD north of 4th Avenue, which are proposed to be rezoned to S-DR; and, to repeal the Downtown Riverfront Specific Area Plan to facilitate revisions to the S-DR Zone. • Zone Change The proposal involves a Zone Change pursuant to EC 9.8850 to change the zoning designation of eight (8) parcels from S-W Whiteaker Special Area Zone, I-2 Light-Medium Industrial, and PL Public Land to S-DR Downtown Riverfront Special Area Zone, which is being revised as part of concurrent amendments to the land use code; and, to remove the /Site Review Overlay Zone on six (6) parcels and the /TD Transit Oriented Development Overlay Zone on one (1) parcel. Twenty (20) parcels will retain the S-DR Downtown Special Area Zone designation and fifteen (15) parcels will retain the existing /WR Water Resources Conservation Overlay Zone designation. • Willamette Greenway Permit The proposal involves a Willamette Greenway Permit application pursuant to EC 9.8805 to permit development within the boundaries of the Willamette River Greenway. The application addresses Goal 15 requirements related to the protection of the Willamette City of Eugene FINAL SUBMITTAL 10 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 19,2019 River, as implemented by the City's local approval criteria for Willamette Greenway Permits. • Tentative Subdivision The proposal involves a Tentative Subdivision application pursuant to EC 9.8515 to create 17 new lots and rights-of way consistent with the revised S-DR zone. The plans also include conceptual designs for streets, accessways, and other infrastructure improvements necessary to serve the newly created lots. • Standards Review The proposal involves a Standards Review application pursuant to EC 9.4980 for the proposed design and construction of a new metropolitan riverfront park, including a new multi-use pathway, overlooks, riparian enhancement and a variety of other public riverfront amenities. This proposal addresses special standards for the proposed park improvements within areas having the Water Resources Conservation Overlay (/WR), intended to implement Goal 5 water resource protections along the edge of the site near the Willamette River. City of Eugene FINAL SUBMITTAL 11 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 April 19, 2019 3.0 APPROVAL CRITERIA AND STANDARDS 3.1 Code Amendments The proposal involves amendments to the City's land use code (Eugene Code, Chapter 9) to amend the S-DR Downtown Riverfront Special Area Zone and revise other development standards and criteria for consistency with the proposed amendments. Revisions to other development standards and criteria are included as part of Exhibit A: Code Amendments. Findings of compliance with applicable approval criteria for the proposed amendments 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. The following findings demonstrate the proposed amendments' consistency with applicable Statewide Planning goals. Goal 1 - Citizen Involvement: To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. The City has acknowledged provisions for citizen involvement that ensure the opportunity for citizens to be involved in all phases of the planning process and that set out requirements for such involvement in compliance with Goal 1 (see OAR 660-015). The proposal does not amend the City's citizen involvement program, and the process for reviewing the proposal complies with Goal 1 since it complies with, and surpasses the requirements of, the citizen involvement provisions. While not required for a demonstration of compliance under Goal 1, the planning processes for the Downtown Riverfront Concept Plan 4, the Riverfront Park development, and the Steam Plant revitalization have included many City Council (Council) meetings and Riverfront Urban Renewal Agency (Agency) Board meetings, as well as other public meetings and community events preceding the current, formal adoption process. The process to prepare the proposed amendments has employed significant public involvement opportunities, which are detailed in Exhibit 0: Downtown Riverfront Public Information Opportunities, summarized below. City Council This section includes City Council regular meetings and work sessions: December 14, 2017 - Council received the Downtown Riverfront redevelopment WDA project update. January 31, 2018 - Council work session on the second Downtown Riverfront redevelopment project update. Representatives from WDA presented the proposed concept. 4 The Downtown Riverfront Concept Plan was presented to City Council on January 31, 2018 (Agenda, Minutes, Webcast). City Council initiated land use code amendment to implement the plan on July 9, 2018 (Agenda, Minutes, Webcast). City of Eugene FINAL SUBMITTAL 12 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 19,2019 ■ April 23, 2018 - Council work session and action on the proposed process and criteria to proceed with the RFQ for the Steam Plant. ■ July 9, 2018 - Council work session to initiate the land use code amendments and LID infrastructure processes. ■ October 22, 2018 - City Council work session to initiate the second step of the LID process. Urban Renewal Agency Board This section includes Urban Renewal Agency meeting and work sessions: ■ July 27, 2016 - Agency Board work session and action authorizing the Agency to enter into an agreement with EWEB to purchase the downtown riverfront property. ■ October 23, 2017 - Agency Board approved the Mayor's nominations for seven individuals to serve on the River Guides. ■ February 12, 2018 - Agency Board work session and action to approve the boundary expansion to include three properties north of 4th Avenue in the Riverfront Urban Renewal District in order to make it possible to use urban renewal funds to purchase this property from EWEB. ■ March 14, 2018 - Agency Board work session and direction to staff to develop a Request for Qualifications (RFQ) process and criteria to solicit community investors, developers, and visionaries to redevelop the Steam Plant. ■ May 29, 2018 - Agency Board work session on the proposed terms to develop the Downtown Riverfront site with Williams/Dame & Associates (WDA) as the agent. ■ June 25, 2018 - Agency Board public hearing on the proposed terms with WDA. Sixteen people spoke on behalf of the project. ■ July 9, 2018 - Agency Board work session to approve the proposed terms with WDA. ■ July 23, 2018 - Agency Board work session to approve the proposed terms regarding parcel 10A. ■ October 22, 2018 - Agency Board work session to receive a project update and discuss the affordable housing unit quantities on parcel 10A. ■ February 19, 2019 - Agency Board work session to provide an update on the Downtown Riverfront project. Public Meetings This section includes neighborhood meetings, commission and committee meetings, and open houses hosted by the City. All public meetings were open to the public to attend and publicized on the City's calendar. ■ November 28, 2017 - The River Guides held their first meeting, an orientation. ■ December 12, 2017 - The River Guides reviewed a proposed boundary expansion to include 3 parcels north of 4th Avenue in the Riverfront Urban Renewal District. The River Guides recommended to expand the boundary to include the properties north of 4th Avenue in the Riverfront Urban Renewal District. ■ April 10, 2018 - City Staff met with the Sustainability Commission Riverfront Committee. ■ April 17, 2018 - The River Guides reviewed and provided input on the proposed RFQ/RFP process and criteria for the Steam Plant. The River Guides recommendations were incorporated in materials presented to Council. City of Eugene FINAL SUBMITTAL 13 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 19,2019 ■ May 24, 2018 - The City's Parks and Open Space staff hosted a values and vision meeting to introduce the park's Design Team, share information about the site's constraints and potentials, and give residents a chance to affirm and revise the values and goals for the park. ■ June 5, 2018 - The River Guides reviewed the draft proposed terms to develop the Downtown Riverfront site with WDA as the agent. The River Guides received an overview of the proposed concept, the terms, and a brief outline of the cost-benefit analysis being developed to examine the City's investment in public infrastructure. ■ June 15, 2018 - The River Guides reviewed the complete cost-benefit analysis and asked questions to staff and WDA on the concept, terms, and analysis. The River Guides recommended to approve the proposed concept and terms. ■ June 20, 2018 - The City and Williams/Dame & Associates hosted an open house and site tour at the Downtown Riverfront Redevelopment site. It was attended by over 200 people. ■ June 27, 2018 - The River Guides reviewed the RFQ submissions for the Steam Plant and discussed the next steps in the selection process. The River Guides recommended to bring in two of the four teams for additional questions and then decide on what the RFP phase will entail in terms of submissions, community outreach, and River Guides involvement. ■ June 15, 2018 - Staff provided a presentation to members of the Downtown Neighborhood Association steering committee on the Downtown Riverfront Redevelopment. ■ September 27, 2019 - Parks and Open Space staff hosted a celebration of the Downtown Riverfront Park design, unveiling the concept design and asking the public for refinement comments. After a presentation and sharing fun "river rock cupcakes" the Design Team set up Open House style displays for individuals to share thoughts directly with designers. ■ January 23, 2019 - Staff attended the Downtown Neighborhood Association meeting to discuss the Steam Plant. ■ February 7, 2019 - An open house was held to promote the Steam Plant project and gather community feedback. It was attended by over 140 people. Community Events Community events include presentations, tabling at events, and University of Oregon student engagement opportunities. Community events were open to the public and provided opportunities for citizens to engage at a deeper level and ask questions in a less formal setting. ■ January 2018 - The City presented to Construction Specifications Initiative (CSI) on the Downtown Riverfront Redevelopment. ■ January 2018 - The City provided tours of the Steam Plant for Leadership Eugene Springfield 2017-18. ■ February 2018 - The City presented to Kiwanis on the Downtown Riverfront Redevelopment. ■ March 2018 - The City presented to residents at the Eugene Hotel on the Downtown Riverfront Redevelopment. ■ May 2018 - The City presented to the Eugene Chamber of Commerce's Local Government Affairs Council (LGAC) on the Downtown Riverfront Redevelopment. ■ May 2018 - The City presented to the American Institute of Architects Southwestern Oregon (AIASWO) on the Downtown Riverfront Redevelopment. ■ May 2018 - The Design Team for the Downtown Riverfront Park organized five focus groups inviting 50 local experts and constituent leaders. These consultations provided guidance, identification of issues to discuss with the broader public, and a base of expert and network leaders with project knowledge. ■ June 1, 2018 - The City and Williams/Dame & Associates hosted a booth at the First Friday Art Walk and engaged over 100 community members with discussion. City of Eugene FINAL SUBMITTAL 14 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 19,2019 ■ June 12, 2018 - The City presented at the Young Professionals Summit on the Downtown Riverfront Project and Steam Plant. The event was attended by over 500 people. ■ June 2018 - Williams/Dame & Associates presented to the Eugene Chamber on the Downtown Riverfront Redevelopment. ■ December 2018 - The City presented to the International Facilities Management Association (IFMA) on the Steam Plant and the Downtown Riverfront Redevelopment. ■ January 2019 - The City provided tours of the Steam Plant for Leadership Eugene Springfield 2017-18. ■ February 2019 - The Design Team for the Downtown Riverfront Park reconvened the focus groups to share project updates and designs that had evolved based on their feedback and the larger public. ■ February 1, 2019 - The City and the Steam Plant's development team hosted a booth at the First Friday Art Walk to collect feedback on the Steam Plant project. ■ February 8, 2019 - The City and the Steam Plant's development team participated in a talk about the Steam Plant project at the University of Oregon Ignite event. There were 150 people in attendance. ■ February 11, 2019 - The City and the Steam Plant's development team held a discussion with UO students about the Steam Plant project. There were 50 students in attendance. ■ February 15, 2019 - The City and the Steam Plant's development team presented to LGAC about the Steam Plant project. ■ February 16 & 17, 2019 - The City and the Steam Plant's development team hosted a booth at the Asian Celebration to collect feedback on the Steam Plant project. At the event over 290 people were engaged in discussion. ■ February 19, 2019 - The City attended a Chamber of Commerce Young Professionals Network event to promote the Steam Plant redevelopment project. Exhibit 0: Downtown Riverfront Public Information Opportunities details additional media, social media, and online involvement and engagement opportunities. Exhibit F: Neighborhood/Applicant Meeting Materials includes additional documentation of process requirements pursuant to EC 9.7007. The required neighborhood/applicant meeting was held on March 28, 2019. In addition to the extensive public involvement leading up to this adoption process, the formal public hearing on the proposal will be duly noticed to all neighborhood organizations, community groups and individuals who have requested notice, as well as to the City of Springfield and Lane County. Notice of the public hearing will also be published in the Register Guard newspaper. Following action by the Eugene Planning Commission (to make a recommendation on the proposed adoption package), the Eugene City Council will hold a duly noticed public hearing to consider approval, modification, or denial of the proposed code amendments, plan amendments, zone changes, and other related land use applications under concurrent review. These processes afford ample opportunity for citizen involvement consistent with Goal 1. Goal2 - 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. Goal 2 requires each local government in Oregon to have and follow a comprehensive land use plan and implementing regulations. Cities and counties must build their comprehensive plans on a factual basis and follow their plan when making decisions on appropriate zoning. City and county plans must also be consistent with one another. City of Eugene FINAL SUBMITTAL 15 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 April 19, 2019 The City's land use code (Eugene Code, Chapter 9) specifies the procedure and criteria to be used in considering this proposal, consistent with the City's acknowledged comprehensive plan. This land use application follows specified amendment and permit procedures and fulfills all applicable approval criteria to demonstrate such compliance. In fact, these City-initiated amendments and related land use applications are being reviewed concurrently according to the highest application type (Type V), which involves the most comprehensive, formal review process afforded by the City's land use code. As relevant here, the process for adoption of these amendments also complies with the state's administrative rules under Goal 2, for Post Acknowledgement Plan Amendments (see OAR 660-018). There are no exceptions to Statewide Planning Goal 2 required, and the record shows that there is an adequate factual basis for these amendments, including an extensive record of public participation to date. The Goal 2 coordination requirement is met when the City engages in an exchange, or invites such an exchange, between the City and any affected governmental unit and when the City uses the information obtained in the exchange to balance the needs of residents. To comply with the Goal 2 coordination requirement, the City will engage in an exchange about the subject of these plan amendments with all the affected governmental units. Specifically, the City will provide notice of the proposed action and opportunity to comment to Lane County, Springfield, and the Oregon Department of Land Conservation and Development. The proposed amendments are therefore consistent with Statewide Planning Goal 2. Goal3 -Agricultural Lands: To preserve and maintain agricultural lands. 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. This Goal is not applicable to the proposal as the subject area and actions do not affect any agricultural plan designation or use. Therefore, this Goal is not relevant, and the proposed amendments do not affect compliance with Statewide Planning Goal 3. Goal 4 - Forest Land: To preserve forest lands. Pursuant to OAR 660-006-0020, Statewide Planning Goal 4 is not applicable within UGBs. The entirety of the subject site is located within Eugene's UGB. This Goal is not applicable to the proposal as the subject area and actions do not affect any forest plan designations or use. There are no forest lands related to the proposed amendments and zone change. Therefore, this Goal is not relevant, and the proposed amendments do not affect compliance with Statewide Planning 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 inconsideration 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. City of Eugene FINAL SUBMITTAL 16 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 19,2019 (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 do not create or amend a list of Goal 5 resources, do not amend a plan or code provision adopted in order to protect a significant Goal 5 resource or to address specific requirements of Goal 5, and do not amend the acknowledged UGB. 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 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 Exhibit 13.1: Willamette Greenway Permit Plan Set, Exhibit G: Riverfront Ecological Analysis and Design Report, and Exhibit N: Wetland Delineation Report 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 Papers.5 The Willamette River is adjacent to the subject site and is identified as a Goal 5 Water Resource by the Goal 5 Water Resource Conservation Plan.6 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 S1.0 and S1.1 Existing Conditions Plans (Exhibit 13.1) and labeled as "top of bank". Exhibit N: Wetland Delineation Report identifies jurisdiction wetland and waters boundaries along the Willamette River. The proposed amendments do not change protections 6 Eugene Goal 5 Inventory and Metro Natural Assets & Constraints Working Papers. Willamette River Greenway Working Paper. Figure J1, Willamette River Greenway. April 12, 1978. 6 Eugene Goal 5 Water Resources Conservation Plan. Section III, Site #35 WA/WB Willamette River. October 24, 2005. City of Eugene FINAL SUBMITTAL 17 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 19,2019 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 R1.0 Regulatory Plan (Exhibit B.1), 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 R1.0 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 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 remain applicable. Protection of this Goal 5 resource will therefore remain the same; regardless of the proposed amendments. 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. None of the buildings located on the subject site are listed as City of Eugene Historic Landmarks nor are they listed in the National Register of Historic Places. Based on these findings, there are no inventoried Goal 5 historic resources or listed 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, including those resources listed and eligible to be listed on the National Register of Historic Places. The statute does not provide specific standards or criteria, so, as a practical matter, any project that involves a property that meets the 50-year guideline at the time of construction must be reviewed through SHPO consultation. Projects which trigger review include significant alterations, additions, demolition while maintenance activities are generally exempt. The statute also applies if an agency is selling or transferring property out of public ownership. In 2011, EWEB commenced a process of decommissioning surplus facilities on its riverfront headquarters site. In accordance with ORS 358.653, EWEB submitted clearance forms for three buildings on the site: ■ The Vehicle Repair Shop (1949): Determined likely Not Eligible for Listing in the National Register ■ The Warehouse/Operations Building (1952): Determined Eligible for Listing in the National Register ■ The Steam Plant Pump House (1931): Determined Eligible for Listing in the National Register (Adverse Effect) ■ Standby Steam Plant (Steam Plant) (1931): Determined to be historically significant and Eligible for Listing on the National Register of Historic Places On December 12, 2011, SHPO signed a Memorandum of Agreement (MOA) with EWEB to mitigate for adverse effects associated with the decommissioning including demolition of the Steam Plant Pump House. City of Eugene FINAL SUBMITTAL 18 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 19,2019 In 2013, in an effort to attract potential buyers of the property, EWEB pursued a hazardous substance abatement project. EWEB and SHPO executed a memorandum of agreement related to EWEB's Standby Steam Plant. The MOA was generated to provide mitigation measures related to removal of asbestos-containing materials. In 2018, in response to Riverfront Master Plan changes, City of Eugene Facilities staff submitted SHPO clearance forms for the Equipment Repair Building and Midgley Mill Building. SHPO staff concurred with City staff: The Equipment Repair Shop (1988): Determined Not Eligible for Listing in the National Register The Midgley Building (1922): Determined Not Eligible for Listing in the National Register In 2019, also in response to changes to the Riverfront Master Plan calling for the demolition of the EWEB Headquarters Warehouse and Operations Building, the City of Eugene submitted the required SHPO Clearance Form. SHPO staff once again concurred with City staff: The Warehouse and Operations Building (1988): Determined Eligible for Listing in the National Register SHPO also concurred that the proposed undertaking (demolition) would result in adverse effect to historic properties. In order to mitigate the adverse effect, the City of Eugene executed a MOA between the City and SHPO. Through the consultation process with SHPO, the City ultimately agreed to stipulations required to undertake the proposed demolition. The stipulations include documenting the building, architectural history research, on-site interpretation installation, and digital archiving of documentation. Throughout the consultation process, SHPO staff has indicated that the Riverfront Project Area lies within an area generally perceived to have the potential for possessing archaeological resources. Under state law (ORS 358.905 and ORS 97.74) archaeological site, objects, and human remains are protected on both public and private lands in Oregon. SHPO recommends consulting with all appropriate Indian tribes. An Inadvertent Discovery Plan is also recommended to be put in place to provide guidance should construction result in the discovery of archaeological objects or sites. Concerning pre-historic and historical resources, Riverfront Master Plan planning activities continue to follow processes outlined by City Code and State law. Staff will continue ongoing SHPO consultation as necessary. 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. The proposal includes a new Riverfront Park on the subject site, as identified in the 2018 Eugene Parks and Recreation System Plan, a 30-year strategic plan. A proposed Riverfront Park on the subject site is identified as Project #C1 "Downtown Riverfront Park development at former EWEB site to serve [the City Central Neighborhood Planning area]" in Appendix A Planning District Summaries and City of Eugene FINAL SUBMITTAL 19 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 19,2019 Recommendations. The Plan allocates $9,000,000 in capital cost to the project and identifies it as a Priority 1/2 project.7 The Riverfront Park concept was originally included as a key element in the prior approved "EWEB Riverfront Master Plan". The S-DR Zone established a Cultural Landscape and Open Space (S-DR/CL) subdistrict and designed approximately 3-acres for parks and recreation uses. In 2013, the City and EWEB entered into an MOU that stated that EWEB would donate 3-acres of riverfront property to City of Eugene Parks in exchange for a dedication of funds for park development in the future. In 2018, the City officially took ownership of the Riverfront Park site from EWEB and finalized the concept design for the Riverfront Park. In addition to the original three acres, one additional acre of upland Park Plaza was added to the site as part of the redevelopment acreage to the west. There are no additional resources that require analysis under the OARS noted above. The proposed amendments will maintain established protection measures for inventoried Goal 5 resources within and adjacent to the subject property. Therefore, the proposed amendments are consistent with Statewide Planning Goal 5. Goal 6 - Air. Water and Land Resource Quality: To maintain and improve the duality of air, water and land resources of the state. Goal 6 instructs local governments to consider protection of air, water and land resources from pollution and pollutants when developing comprehensive plans. The pollutants addressed in Goal 6 include solid waste, water waste, noise and thermal pollution, air pollution, and industry-related contaminants. The goal asks cities and counties to designate areas suitable for use in controlling pollution. It calls on them to use a variety of market, zoning and management tools in creating these outcomes. At a federal level, the elements within Goal 6 correspond broadly to the Clean Air Act and Clean Water Act. At a state level, Goal 6 covers many areas regulated by the Oregon Department of Environmental Quality (DEQ) through its permitting actions. DEQ ensures its permitting decisions comply with the plan and zoning regulations of the affected local government and coordinates with DLCD and other agencies to be sure that city and county plans comply with state and federal laws. The proposed amendments do not change the level of protection afforded in local regulations for air and water quality, or land resources. 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. Specifically, environmental work conducted to date, in addition to detailing the planned design and construction work, has been focused on improving the environmental health of the site. Prior to the City ownership of the subject site, EWEB undertook environmental remediation efforts by removing soil with contaminants that posed an unacceptable risk to human health and the environment. Based on these activities, DEQ issued a conditional no further action determination for the subject site in December 2017. Due to the difficulty of removing 100% of contaminated soil, there remains some on-site soil that has residual concentrations of hazardous substances and will be addressed during the redevelopment as is discussed below. 7 Eugene Parks and Recreation System Plan. Appendix A Planning District Summaries and Recommendations. July 2018. City of Eugene FINAL SUBMITTAL 20 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 19,2019 Planned construction projects involve (1) mass grading for the streets and utilities and riparian enhancement for the park area, and (2) park construction and further infrastructure development. The mass grading project will include riparian enhancement of the riverbank to lay back the bank to a gentler slope and grading to achieve design subgrade for the park area, streets, and utilities. The design includes provisions for managing environmental contamination that may be encountered below the soil surface. Contaminated media will be removed to below the proposed subgrade surface and the area will be capped to prevent direct exposure. Excavated contaminated soil will be managed in accordance with DEQ requirements. Anticipated management options include the beneficial reuse of soil as site fill below development surfacing (roads, sidewalks, concrete slabs) or disposed offsite at a landfill. The park construction and infrastructure development projects will involve excavation, relocation and removal/abandonment of existing utilities, roadway subgrade preparation, road and sidewalk construction, and park construction including a retaining wall and new pedestrian and bike paths. Final surfaces include concrete or asphalt paving, concrete walls, and imported topsoil over existing soil subgrade. Site development features will prevent contact with any remaining low-level contamination that may remain at the site, improving the health of the site. Construction of bike and pedestrian paths will improve a critical bike commuting corridor, which offsets vehicle traffic in downtown Eugene. In addition to the physical improvements discussed above, the planned construction projects change the land use from a public utility operations yard to mixed-use development and park, thus activating the area and creating a cleaner and safer human environment. Additionally, future development of the site will be required to adhere to existing policies and Best Management Practices (BMP) in the CitL Eugene Stormwater Management Plan. Compliance with BMP's will be ensured through the building permit process. The proposal includes amendments to EC 9.6792 Stormwater Quality regulations, as included in Exhibit A: Code Amendments. The proposed amendments will not have an impact on the City's existing water quality protection level, which complies with State and Federal regulations. The proposed amendments ensure that treatment for stormwater quality will be ensured consistent with current EC standards and the administratively adopted Cit, of Eugene Stormwater Management Manual. The proposed amendments modify current regulations to allow for the combined stormwater treatment facilities from both public and private development, to the extent that added capacity can be achieved in the shared system to be constructed on the subject site. The proposed amendments do not negatively affect the environmental factors specified in Goal 6. Therefore, the proposed amendments are consistent with Statewide Planning Goal 6. Goal 7 - Areas Subiect to Natural Hazards: To protect people and 12rol2erty 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 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. Therefore, the proposed amendments are consistent with Statewide Planning Goal 7. Goal 8 - Recreation Needs: To satisfy recreational needs of the citizens of the state City of Eugene FINAL SUBMITTAL 21 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 19,2019 and visitors and, where aplropriate, to provide for the siting of necessary recreation facilities including destination resorts. Goal 8 requires local governmental agencies to plan for recreation areas, facilities, and opportunities. This goal ensures the provision of recreational facilities to Oregon residents and is primarily concerned with the provision of those facilities in non-urban areas of the state. The 2018 Eugene Parks and Recreation System Plan is a 30-year strategic plan with implementation recommendations for the first 10 years. The plan includes new parks and trails, improved access to the Willamette River, revitalized pools and community centers, and more recreation opportunities in underserved areas. The Plan was shaped by more than 12,000 residents during an extensive and inclusive outreach process that garnered two resident engagement awards for the City. Within the Parks and Recreation System Plan, a proposed Riverfront Park on the subject site is identified as Project #C1 "Downtown Riverfront Park development at former EWEB site to serve [the City Central Neighborhood Planning area]" in Appendix A Planning District Summaries and Recommendations. The Plan allocates $9,000,000 in capital cost to the project and identifies it as a Priority 1/2 project.8 The Riverfront Park concept was originally included as a key element in the prior approved EWEB Riverfront Master Plan. The S-DR Zone established a Cultural Landscape and Open Space (S-DR/CL) subdistrict and designed approximately 3-acres for parks and recreation uses. In 2013, the City and EWEB entered into an MOU that stated that EWEB would donate 3-acres of riverfront property to City of Eugene Parks in exchange for a dedication of funds for park development in the future. In 2018, the City officially took ownership of the Riverfront Park site from EWEB and finalized the concept design for the Riverfront Park. In addition to the original three acres, one additional acre of upland Park Plaza was added to the site as part of the redevelopment acreage to the west. Key design features include: ■ Extensive riparian habitat enhancement; ■ Construction of a new bike path as a multi-modal pathway separating wheeled and pedestrian path users; ■ Viewpoints reaching out over the river bank providing views up and down the river as it bends north; ■ Integrated interpretive elements addressing themes of energy, ecology, industry, and culture on the site; ■ Vibrant landscape design and native planting landscapes; ■ Public art; ■ Site lighting, benches, and other park furniture; ■ Programmable open space for markets, food carts, performance and other public events; and ■ Play areas for families and children. Through the proposed amendments and related, concurrent land use applications required for development of the proposed new riverfront park, the proposal will effectively increase the amount of recreational capacity within downtown and riverfront areas. The proposal does not involve the siting 8 Eugene Parks and Recreation System Plan. Appendix A Planning District Summaries and Recommendations. July 2018. City of Eugene FINAL SUBMITTAL 22 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 April 19, 2019 of destination resorts. Based on these findings, the proposed amendments are consistent with Statewide Planning 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. Goal 9 (OAR 660, Division 9) require cities to evaluate the supply and demand of commercial land relative to community economic objectives. It requires cities to provide an adequate land supply for economic development and employment growth. In the City's recently adopted buildable lands inventory (Envision Eugene Employment Land Supply Study) the subject property is identified as being "committed" due to public ownership. However, additional analysis in the study (Part IV. Measures to Increase Employment Development) does account for the previously adopted special area zoning (S-DR), as applied in 2013, and estimates the potential for over 330 retail jobs upon redevelopment. As noted elsewhere, the proposed amendments do not change the underlying mixed-use and nodal development plan designations for the subject property, so there is no impact on that status nor any amendment to the adopted buildable land inventory that requires further analysis under Goal 9. Although not required by Goal 9, the City conducted a Cost-Benefit Analysis for redevelopment of the Downtown Riverfront site, included as Exhibit Q: Cost-Benefit Analysis. The analysis shows that almost all impacts are positive, with very few negative impacts. This positive assessment largely results from the fact that the analysis compares the redevelopment to the site's current condition. Redeveloping the site will improve environmental conditions from the current state and create a new compact neighborhood within walking distance to services and the downtown and the University of Oregon, two major employment centers. The proposed amendments are specifically intended to facilitate downtown development and redevelopment in accordance with the Downtown Plan and Downtown Riverfront Concept Plan. The amendments and zone change do not affect the amount of land designated or zoned for commercial use and will have no direct impact on the existing supply of or any existing commercially designated land. Therefore, the proposed amendments are consistent with Statewide Planning Goal 9. Goal 10 - Housing: To provide for the housing needs of the citizens of the state. Goal 10 (OAR 660, Division 8) is intended to ensure opportunity for the provision of adequate numbers of needed housing units, the efficient use of buildable land within urban growth boundaries, and to provide greater certainty in the development process so as to reduce housing costs. It requires that sufficient buildable land be designated on the City's comprehensive plan map to satisfy housing needs by type and density range, as determined in the housing needs projection. Similar to Goal 9 above, the subject property is shown as being "committed" due to public ownership in the City's recently adopted buildable lands inventory (Envision Eugene Residential Land Supply Study). However, additional analysis in that study (Part IV. Measures to Increase Residential Development) does account for the previously adopted special area zoning (S-DR), as applied in 2013, and estimates the potential for about 250-450 new residential dwellings upon redevelopment. As noted elsewhere, the proposed amendments do not change the underlying mixed-use and nodal development plan designations for the subject property, so there is no direct impact on that status nor any amendment to the adopted land inventory that requires further analysis under Goal 10. City of Eugene FINAL SUBMITTAL 23 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 April 19, 2019 The proposed amendments are specifically intended to facilitate downtown development and redevelopment in accordance with the Downtown Plan and Downtown Riverfront Concept Plan. The amendments and zone change do not affect the amount of land designated or zoned for residential use and will have no direct impact on the existing supply of or any existing residentially designated land. Therefore, the code amendments are consistent with Statewide Planning Goal 10. Goal 11 - Public Facilities and Services: To plan and develop a timely, orderly and efficient arrangement ofbublic facilities and services to serve as a framework for urban and rural development. Goal 11 (OAR 660, Division 11) requires cities and counties to develop and adopt a public facility plan for areas within an urban growth boundary containing a population greater than 2,500 persons. The purpose of the plan is to help assure that urban development in such urban growth boundaries is guided and supported by types and levels of urban facilities and services appropriate for the needs and requirements of the urban areas to be serviced, and that those facilities and services are provided in a timely, orderly, and efficient arrangement, as required by Goal 11. The 2001 Eugene-Springfield Public Facilities and Services Plan (PFSP) is the locally adopted plan that demonstrates compliance with the Goal 11 requirements, and there are no proposed amendments that would affect compliance with Goal 11 or its administrative rules. Therefore, the proposed amendments 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 through the Transportation Planning Rule (TPR, OAR 660-12). TransPlan and the Eugene 2035 Transportation System Plan (2035 TSP) provide the regional policy framework through which the TPR is enacted at the local level. Transportation Planning Rule (TPR) Evaluation Goal 12 Transportation must be specifically addressed as part of the proposed amendments and zone change and in the context of Oregon Administrative Rules, as follows. As adopted, OAR 660-012- 0060(1) states: (1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation (including a zoning map) would significantly affect an existing or planned transportation facility, then the local government must put in place measures as provided in section (2) of this rule, unless the amendment is allowed under section (3), (9), or (10) of this rule. The proposed zone change is subject to subsection (9), which reads as follows: (9) Notwithstanding section (1) of this rule, a local government may find that an amendment to a zoning map does not significantly affect an existing or planned transportation facility if all of the following requirements are met. (a) The proposed zoning is consistent with the existing comprehensive plan map designation and the amendment does not change the plan map: City of Eugene FINAL SUBMITTAL 24 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 19,2019 (b) The local government has an acknowledged TSP and the proposed zoning is consistent with the TSP; and (c) The area subject to the amendment was not exempted from this rule at the time of an urban growth boundary amendment as permitted in OAR 660- 024-220(1)(d), or the area was exempted from this rule but the local government has a subsequently acknowledged TSP amendment that accounted for urbanization of the area. The 2035 TSP is the City's acknowledged local transportation system plan. Chapter 3: Needs Assessment and Evaluation of the 2035 TSP provides: The needs assessment and resulting projects... that establish a transportation system adequate to meet the identified local transportation needs are based upon the land use designations established by the Metro Plan. Because the 2035 TSP is based on the Metro Plan land use designations, any zone allowed within the land use designation is consistent with both the Metro Plan and this 2035 TSP. As previously discussed, and detailed in the related Zone Change findings, incorporated by reference herein, the recommended zoning of (8) parcels within the subject property from S-W, I-2, and PL to S- DR is consistent with the land use designations in the Metro Plan. Therefore, the proposed zone change is consistent with the 2035 TSP. Because the proposal does not involve amendments to the Metro Plan (or any Refinement Plan) designations, and the proposed S-DR zoning remains consistent with the existing Mixed Use and Parks and Open Space designations, the zone change complies with OAR 660-012-0060(9) and satisfies OAR 660-012-0060(1). The /ND Nodal Development Metro Plan overlay designation has also been applied to the entire Downtown Plan area. This designation identifies the Downtown Plan area as a nodal development, transit-oriented/pedestrian district, in further compliance with Statewide Planning Goal 12. Well- designed mixed-use developments at higher densities which encourage transit use are particularly desired in this area. The proposed amendments and zone change do not affect the /ND designation, as implemented through the S-DR zoning. Based on these findings, the proposed amendments and zone change comply with the Transportation Planning Rule. Therefore, the proposed amendments and zone change are consistent with Statewide Planning Goal 12. Goal 13 - EneWv Conservation: To conserve enemy. 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 amendments and zone change, the existing and proposed designations are consistent with statewide planning Goal 13. The proposed amendments and zone change do not specifically impact local energy conservation policies or implementing provisions, except to encourage compact urban development within the City of Eugene FINAL SUBMITTAL 25 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 19,2019 downtown area. Therefore, the proposed amendments are consistent with Statewide Planning 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 are site specific to land already subject to urban uses and do not affect the transition from rural to urban land use, as the entirety of subject property is within the City limits. Therefore, the proposed amendments and zone change are consistent with Statewide Planning Goal 14. Goal 15 - Willamette River Greenwav: 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 R1.0 Regulatory Plan (Exhibit B.1), 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 Downtown Riverfront Concept Plan. As illustrated on Sheets L1.0 and L1.1 Site Plan (Exhibit B.1), the proposal involves 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. 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 Downtown Riverfront Concept Plan vision. In total the proposed Willamette Greenway Setback will protect 3.67 acres of the subject site. Adoption of the setback ensures that only park- related development will be allowed 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 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 9.8065(2) below. Based on these findings, and incorporated by reference herein, the proposed amendments are compliant with Statewide Planning 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 resources on the subject property or otherwise affected by the proposed amendments and zone change. Therefore, Statewide Planning Goals 16 through 19 do not apply. The preceding findings demonstrate that the proposed amendments (and zone change) are consistent with all relevant Statewide Planning Goals. Based on these findings, EC 9.8065(1) is satisfied. City of Eugene FINAL SUBMITTAL 26 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 April 19, 2019 (2) Is consistent with applicable provisions of the Metro Plan and applicable adopted refinement plans. Metro Plan Within the subject site, existing land use designations shown in the Metro Plan diagram include: High Density Residential, 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." ■ 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." All Metro Plan policies were evaluated in relation to their applicability to the proposed amendments (and zone change) and the following policies were found to be relevant to the proposal. The findings demonstrate how the proposal is consistent with, and supported by, the policy direction contained in the Metro Plan. Residential Land Use and Housing Element 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. City of Eugene FINAL SUBMITTAL 27 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 April 19, 2019 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 located adjacent the downtown area and Sth Street commercial corridor. The Downtown Riverfront Concept Plan proposes high density, pedestrian oriented, mixed-use development with high-quality public amenities and open space along the riverfront. The existing development standards and requirements in the S-DR Zone, as amended, will foster the mixed-use development scenario described above and implement nodal development and growth management policies, consistent with the above policies. Therefore, the proposed amendments and zone change are consistent with Metro Plan Policies A.10 through A.14. 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. The proposed amendments and zone change provide for increased housing opportunities in the downtown area. The proposal involves amending local zoning regulations to facilitate a mix of structure types and densities. Specific development standards of the S-DR Zone, as amended, include seven different height standards with varied minimum/maximum height, ground floor height, setback, step-back, and build-to lines. The proposal facilitates residential development within the downtown core. Therefore, the proposed amendments and zone change are consistent with Metro Plan 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 orguidelines 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. The proposed amendments and zone change will facilitate mixed-use development on the subject site where such development does not currently exist. The S-DR Zone, as amended, adheres to form-based code principles and is designed to be compatible with neighboring development through the establishment of use restrictions, height limitations, view corridors, build-to lines, and other provisions. Development standards are designed to be site specific, clear, and objective, and to provide a superior zoning tool that will obviate the need for any existing /SR Site Review overlays which are proposed to be removed as part of the related zone change request. Provisions of the City of Eugene FINAL SUBMITTAL 28 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 19,2019 proposed S-DR Zone, as amended, also include a discretionary Design Review process that provides flexibility to approve alternatives while still ensuring consistency with the Downtown Riverfront Concept Plan. Therefore, the proposed amendments and zone change are consistent with Metro Plan Policies A.22 through A.24. Economic Element 8.23 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 S-DR Zone regulations, as amended, are designed to facilitate a mixed-use development scenario including commercial and residential uses. Limited mixing of office and commercial uses is encouraged by specifying minimum ground floor height standards, which promote commercial uses, requiring a minimum one story or residential use in the S-DR/MU/2 Zone overlay subdistrict, and permitted live-work units as an allowed use. Other provisions such as use restrictions, view corridors, height limitations, and build-to lines contribute to ensure compatibility with adjacent development. Although not required by Policy B.23, the City conducted a Cost-Benefit Analysis for redevelopment of the Downtown Riverfront site, included as Exhibit Q: Cost-Benefit Analysis. The analysis shows that almost all impacts are positive, with very few negative impacts. This positive assessment largely results from the fact that the analysis compares the redevelopment to the site's current condition. Redeveloping the site will improve environmental conditions from the current state and create a new compact neighborhood within walking distance to services and the downtown and the University of Oregon, two major employment centers. Therefore, the proposed amendments and zone change are consistent with Metro Plan 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 affect existing established /WR protection provisions in EC 9.4900-9.4980, will increase the amount of landscape area and open City of Eugene FINAL SUBMITTAL 29 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 19,2019 space along the Willamette River, and will facilitate restoration of the riparian corridor adjacent to the river as detailed in the Willamette Greenway Permit findings under EC 9.8815 and the Water Resources Standards Review findings under EC 9.4980, which are incorporated by reference herein. There are no documented occurrences of endangered or threatened plant or wildlife species on the subject site. Therefore, the proposed amendments and zone change are consistent with Metro Plan Policies CA C.10, and CAL 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 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 51.0 and 51.1 Existing Conditions Plans (Exhibit B.1). Narrow bands of riparian vegetation exist, within the revetments, between the Riverbank Trail and the water's 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 51.0 and 51.1 Existing Conditions and described in Exhibit G: Riverfront Ecological Analysis and Design Report and Exhibit N: Wetland Delineation 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 G1.0 Cover Sheet (Exhibit B.1), 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 4.51 acres of open space. The proposed amendments and zone change, the S-DR Zone, as amended, and its associated cultural landscape and open space sub-district, will result in an increase in the amount of open space to approximately 7.07 acres. The 2018 Eugene Parks and Recreation System Plan is a 30-year strategic plan with implementation recommendations for the first 10 years. Within the Parks and Recreation System Plan, a proposed City of Eugene FINAL SUBMITTAL 30 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 19,2019 Riverfront Park on the subject site is identified as Project #C1 "Downtown Riverfront Park development at former EWEB site to serve [the City Central Neighborhood Planning area]" in Appendix A Planning District Summaries and Recommendations. The Plan allocates $9,000,000 in capital cost to the project and identifies it as a Priority 1/2 project. The Riverfront Park concept was originally included as a key element in the prior approved EWEB Riverfront Master Plan. The S-DR Zone established a Cultural Landscape and Open Space (S-DR/CL) subdistrict and designed approximately 3-acres for parks and recreation uses. In 2013, the City and EWEB entered into an MOU that stated that EWEB would donate 3-acres of riverfront property to City of Eugene Parks in exchange for a dedication of a funds for park development in the future. In 2018, the City officially took ownership of the Riverfront Park site from EWEB and finalized the concept design for the Riverfront Park. In addition to the original three acres, one additional acre of upland Park Plaza was added to the site as part of the redevelopment acreage to the west. Based on the preceding findings, the proposed amendments and zone change are consistent with Metro Plan 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 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. The majority of the subject site is prior developed, as illustrated on Sheet R1.0 Regulatory Plan (Exhibit B.1). The proposal facilitates the infill of prior developed land. As discussed in findings for Statewide Planning Goal 7 under EC 9.8065(1), the proposal does not advance development in ways that are inconsistent with current standards nor does it modify or exempt existing regulatory protection measures. Therefore, the proposed amendments and zone change are consistent with Metro Plan 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. As noted in the findings for Goal 8 under EC 9.8065(1), in 2018, the City officially took ownership of the Riverfront Park site from EWEB and finalized the concept design for the Riverfront Park. In addition to the original three acres, one additional acre of upland Park Plaza was added to the site as part of the redevelopment acreage to the west. City of Eugene FINAL SUBMITTAL 31 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 April 19, 2019 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 Zone subdistrict, as amended (Exhibit A), will ensure enhancement of 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 S-DR Zone is designed to facilitate a mixed-use development scenario. The stated purposes of the S-DR Zone (Exhibit A) are to implement Nodal Development and Transit-Oriented Development policies, which focus on reduced reliance on automobile transportation within designated areas. Design standards within the S-DR zone, as amended, are intended to foster an active, vibrant, people- oriented district and reduce reliance on automobile use. As noted above in findings for Metro Plan 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. Therefore, the proposed amendments and zone change are consistent with Metro Plan Policy D.2. 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 9.8065(1), within the Parks and Recreation System Plan, a proposed Riverfront Park on the subject site is identified as Project #C1 "Downtown Riverfront Park development at former EWEB site to serve [the City Central Neighborhood Planning area]" in Appendix A Planning District Summaries and Recommendations. The Plan allocates $9,000,000 in capital cost to the project and identifies it as a Priority 1/2 project. In 2013, the City and EWEB entered into an MOU that stated that EWEB would donate 3-acres of riverfront property to City of Eugene Parks in exchange for a dedication of a funds for park development in the future. In 2018, the City officially took ownership of the Riverfront Park site from EWEB and finalized the concept design for the Riverfront Park. In addition to the original three acres, one additional acre of upland Park Plaza was added to the site as part of the redevelopment acreage to the west. As such the proposed amendments and zone change advance the City's role pursuant to the above policy. Therefore, the proposed amendments and zone change are consistent with Metro Plan 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. The findings for Goal 8 under EC 9.8065(l) are incorporated by reference herein. Provisions of the S- DR/CL Zone subdistrict, as amended, 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, and river overlooks. Therefore, the proposed amendments and zone change are consistent with Metro Plan Policy D.S. City of Eugene FINAL SUBMITTAL 32 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 April 19, 2019 D.9 Local and state governments shall continue to provide adequate public access to the Willamette River Greenway. 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 Riverbank Trail from surrounding areas is provided at three points: the western terminus of the DeFazio Bridge at the north end of the site, the EWEB plaza at the eastern terminus of 4th Avenue, and a multi-use path connection extending from 8th Avenue to the Riverbank Trail at the south end of the site. The S-DR Zone, as amended, included requirements for additional public accessways extending from public rights-of-way to the proposed multi-use path and Riverfront park, as illustrated on Figure 9.3160 (Exhibit A). As noted previously, in 2018, the City officially took ownership of the Riverfront Park site from EWEB and finalized the concept design for the Riverfront Park. In addition to the original three acres, one additional acre of upland Park Plaza was added to the site as part of the redevelopment acreage to the west. As illustrated on Sheets WR 104.1 and 104.2 (Exhibit B.3), 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 S-DR Zone transportation plan, as amended, designates public accessways, consistent with EC 9.6835, and identifies the relocated Riverbank Trail as multi-use path, thus ensuring the continued provision of public access along the Willamette River. In addition, provisions of the S-DR/CL Zone subdistrict ensure high-quality public amenities along the riverfront including riverfront park, riparian/bank enhancement, 5th Avenue plaza, paths, trails, and interpretive sites and overlooks which combine to expand public access opportunities along the Willamette River. The proposal ensures the continued provision of adequate public access along the river. Therefore, the proposed amendments and zone change are consistent with Metro Plan 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. 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 City of Eugene FINAL SUBMITTAL 33 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 19,2019 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. The proposal does not change or affect existing /WR overlay zone protections established in EC 9.4900-9.4980and other applicable protection measures and development standards. Development standards in the S-DR Zone (Exhibit A), as amended, are site specific and designed to be compatible with surrounding areas. The 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 design elements of the S-DR Zone adhere to form- based code principles and are intended to facilitate the redevelopment vision of the Downtown Riverfront Concept Plan. The S-DR Zone includes a Design Review process, which provides flexibility to employ creative solutions to design problems. Therefore, the proposed amendments and zone change are consistent with Metro Plan Policies EA through E.9. Transportation Element Land Use El Apply the nodal development strategy in areas selected by each jurisdiction that have identified potential for this type of transportation-efficient land use pattern. E2 Support application of the nodal development strategy in designated areas through information, technical assistance, or incentives. E3 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 % 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. E4 Require improvements that encourage transit, bicycles, and pedestrians in new commercial, public, mixed use, and multi-unit residential development. City of Eugene FINAL SUBMITTAL 34 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 19,2019 E5 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. Twenty-seven (27) of the twenty-eight (28) parcels that comprise the subject property are designated ND Nodal Development. One (1) parcel located north of 4th Avenue are is not designated ND. The S-DR Zone (Exhibit A), as amended, is designed to implement Nodal Development growth management policies and to foster mixed-use development. The entirety of the subject site is located within the downtown core and in proximity to the 5th Street commercial corridor and major transit corridors. The proposal involves reconstruction and relocation of the Riverbank Trail, implementation of pedestrian-friendly street designs, and a Riverfront Park. Development standards in the S-DR Zone, as amended, encourage transit, bicycle, and pedestrian use within the mixed-use development. Therefore, proposed amendments and zone change are consistent with Metro Plan Policies F.1 through F.S. Transportation Demand Management F.7 Increase the use of motor vehicle parking management strategies in selected areas throughout the Eugene-Springfield metropolitan area. E8 Implement TDM strategies to manage demand at congested locations. Pursuant to EC 9.3165 (Exhibit A), S-DR Zone parking requirements for residential uses are between 0.5 and 2.25 spaces per unit. There are no minimum or maximum parking requirements for commercial uses. The S-DR Zone, as amended, allows for and promotes the use of interim parking areas, unimproved 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 S-DR Zone also provides an allowance for vertically stacked parking facilities and expands the proximity by which shared parking facilities and can be used to meet minimum parking requirements. Therefore, the proposed amendments and zone change are consistent with Metro Plan Policies F.7 through F.B. Transportation System Improvements: System-Wide F.11 Develop or promote intermodal linkages for connectivity and ease of transfer among all transportation modes. E13 Support transportation strategies that enhance neighborhood livability. Transportation System Standards in the proposed S-DR Zone (Exhibit A), as amended, promote connectivity to existing streets and shape the block pattern and neighborhood livability within the entirety of the subject site. 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 enhanced neighborhood livability. Therefore, the proposed amendments and zone change are consistent with Metro Plan Policies F.11 and F.13. Transportation System Improvements: Roadways City of Eugene FINAL SUBMITTAL 35 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 19,2019 E14 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. E15 Motor vehicle level ofservice policy: a. Use motor vehicle level ofservice 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. 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 ofservice. 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. As detailed in Exhibit P: TIA Exempt Area Expansion Memorandum, in 2013, the City Council established the boundaries of the EC 9.8670 Traffic Impact Analysis (TIA) Exempt Area to include the Downtown Plan area, except for the property owned by EWEB. At that time, the EWEB site was not serviced by a gridded street pattern and the potential redevelopment was unknown. City of Eugene FINAL SUBMITTAL 36 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 19,2019 Since that time, approximately 16.5 acres of former EWEB property have been acquired by the City's Urban Renewal Agency (URA). The Downtown Riverfront Concept Plan is a redevelopment plan for that property which identifies parcels, a street network and uses for the parcels. The plan has been reviewed by the City Council, which then initiated a local improvement district (LID) to create those streets and related infrastructure to enable the development plan to become a reality. In 2017, the City adopted a new Transportation System Plan (TSP). As part of that adoption, the Council lowered the level of service (LOS) citywide to level E (Downtown is LOS F). As part of the work preceding the Council's previous approval of the existing S-DR Zone, a traffic analysis was undertaken. That study concluded the uses allowed by the plan would result in a transportation system that operated above LOS performance requirements. Based on the above, the proposal amends Map 9.8670 Downtown Traffic Impact Analysis Exempt Area to expand the TIA Exempt Area to include the subject property. The findings for Goal 12 under EC 9.8065(1) are incorporated by reference herein as demonstration that the proposed amendments and zone change are exempt from the requirement for TPR analysis. The S-DR Zone, as amended (Exhibit A), contains additional detail on required transportation system standards and the concurrent Tentative Subdivision (Exhibit B.2) provides design information for the proposed public street system. Therefore, the proposed amendments and zone change are consistent with Metro Plan Policies F.14 and F.15. Transportation System Improvements: Pedestrian E26 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. E27 Provide for a continuous pedestrian network with reasonably direct travel routes between destination points. E28 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 A), as amended, ensure high-quality public amenities along the riverfront including a public plaza, interpretive sites and overlooks, and an improved Riverbank Trail, as illustrated on Sheets WR 104.1 and 104.2 (Exhibit B.3). Proposed street designs in the S-DR Zone incorporate pedestrian sidewalks on both sides of streets that will establish an interconnected system within the development site and provide direct routes between destination points. The proposal does not involve arterial or collector roadways. Therefore, the proposed amendments and zone change are consistent with Metro Plan Policies F.26 through F.28. 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 City of Eugene FINAL SUBMITTAL 37 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 April 19, 2019 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. The Downtown Riverfront Concept Plan 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 A), as amended, implement Nodal Development and Transit-oriented Development principles. The subject site is located within walking distance to the downtown core and the Sth 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. Therefore, the proposed amendments and zone change are consistent with Metro Plan Policies J.7 and J.B. The preceding findings demonstrate that the proposed amendments and zone change are consistent with all applicable Metro Plan policies. As such, approval of the proposal does not make the Metro Plan internally inconsistent. The findings under EC 9.8424 demonstrate that the proposed code amendments are also consistent with applicable refinement plans and are incorporated by reference herein. 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 proposal does not involve the establishment of a new special area zone. Therefore, this criterion is not applicable. Based on the above findings, and supporting documentation in Exhibit A: Code Amendments, the code amendments are consistent with applicable approval criteria. City of Eugene FINAL SUBMITTAL 38 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 3.2 Refinement Plan Amendments 19,2019 The subject site is within the boundaries of the Downtown Plan, Downtown Riverfront Specific Area Plan, Riverfront Park Study, and Whiteaker Plan. The proposal involves Refinement Plan amendments to amend the text of the Whiteaker Plan and to repeal the Downtown Riverfront Specific Area Plan. Whiteaker Plan text amendments include amendments to Zoning Conflicts, Policy 2, to change the zoning designation of six properties from Whiteaker Special Area Zone (S-W) to Downtown Riverfront Special Area Zone (S-DR) and to remove the Site Review (/SR) overlay zone designation from those properties. The Downtown Riverfront Concept Plan is a refinement of the redevelopment vision expressed in the Downtown Riverfront Specific Area Plan and advances the purpose of the Plan to support the creation of an active, vibrant, people place along Eugene's downtown. Policies in the Downtown Riverfront Specific Area Plan are currently used as Design Review criteria to review alternatives to compliance with applicable standards in the S-DR Zone. The concurrent Code Amendments (Exhibit A) amend EC 9.3190 Design Review to retain the overall intent of the Downtown Riverfront Specific Area Plan policies as Design Review criteria for approval. Accordingly, and with other concurrent amendments to the S-DR Zone to implement the refined and updated concept plan for redevelopment of the site, the Downtown Riverfront Specific Area Plan is no longer necessary as a regulatory component of the S-DR Zone, and EC 9.8010 is being amended to reflect its removal. The proposal does not otherwise amend the Downtown Plan or the Riverfront Park Study. The refinement plan text amendments are presented below. Findings of compliance with applicable approval criteria and standards are provided at EC 9.8424, below. The Whiteaker Plan is revised as follows: A. Add text to the Land Use Element Policy 2 under the "City Policies/ Implementation Strategies" heading as shown: Apply Site Review subdistrict zoning to properties that are zoned C-2 General Commercial, GO General Office, or I-2 Light-Medium Industrial that are adjacent, across an alley, or across a street from land zoned low-density residential since the uses on these properties are potentially incompatible with the following exception: Do not apply Site Review to C-2 zoned land within the 6th/7th Avenue Commercial Area. Also apply Site Review to properties that are across adjacent, across an alley, or across a street from land within a historic district with the following exceptions: Do not apply Site Review to property zoned PL Public Land. S-DR Downtown RiverfrontUecial Area Zone or low-density residential. Also apply Site Review to all properties zoned MU-W Whiteaker Mixed Use and to all properties zoned R-2120 or any other residential zoning district that allows an equal or higher residential density, excluding property in a historic district or in the S-DR Downtown RiveC&ont Special Area Zone. For parcels zoned with the site review subdistrict as part of the Whiteaker Plan implementation rezoning, the triggering threshold for when to apply site review shall be as follows: Site review is required for new development, except for the expansion or alternation of single-family structures in residential use. New development is defined as the development of a new structure, excluding single-family structures, or an addition to an existing structure that expands the building footprint. City of Eugene FINAL SUBMITTAL 39 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 19,2019 B. Add text to the Land Use Element Policy 2 under the "Skinner Butte Mixed Use Area -Subarea 11" heading as shown: Change the zoning in the Skinner Butte Mixed Use Area to apply the MU-W Whitaker Mixed Use District to properties designated for Mixed Use on the Whiteaker Plan Land Use Diagram except for parcels that are zoned SD Special Development District. Apply R-3 Multiple-Family Residential zoning to properties designated Limited High-Density Residential. Allow future rezoning of parcels zoned SD as initiated by the property owner. Apply SR Site Review subdistrict zoning to all property zoned MU-W Whitaker Mixed Use. except for property in the S-DR Downtown Riverfront Special Area Zone. As noted previously, the proposal changes the zoning designation of six properties from S-W to S-DR and removes the SR overlay zone designation from those properties. All of the properties are adjacent, across an alley, or across a street from land within a historic district, which appears to be the basis for Site Review being applied according to the existing language in Policy 2. Two historic districts overlap in the East Skinner Butte Neighborhood, one National Register (NR) and the other City Landmark (CL), which cover approximately the same geography. The NR and CL historic district boundaries are shown on Exhibit D: East Skinner Butte Historic District Map. The proposed text amendments provide an exception from the requirement to apply Site Review to properties that are across adjacent, across an alley, or across a street from land within a historic district if they are zoned S-DR. 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 9.8065(1) 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 9.8065(2) 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 Whiteaker Plan, and to repeal the Downtown Riverfront Specific Area Plan, are consistent with the purpose of updating the City's adopted refinement plans to reflect a substantial change in circumstances not anticipated at the time they were originally adopted, as further addressed under subsection (2) (e) below. Implementation of the proposal will generally further the goals and policies of the Whiteaker Plan, by retaining the existing mixed-use designation City of Eugene FINAL SUBMITTAL 40 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 19,2019 for the subject properties being rezoned to S-DR. The provisions, standards, and development criteria in the existing S-DR Zone, as amended, satisfy remaining policies and fulfill the implementation strategies for sites within the Whiteaker Plan. The proposed amendments are otherwise consistent with the 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. As noted above, the amendments are proposed to implement a substantial change of circumstances not anticipated at the time of plan adoption according to subsection (e). Therefore, criteria EC 9.8424(2)(a), (b), (c) and (d), above are not applicable to the proposed amendments. On July 9, 2018 the City Council initiated land use code amendments and Local Improvement District (LID) infrastructure processes to facilitate implementation of the Downtown Riverfront Concept Plan. Council has subsequently reviewed the progress of that LID and has approved motions moving the infrastructure into the design and initial construction phases. Funding has also been identified to complete the infrastructure reflected in the plan. The Downtown Riverfront Concept Plan9 proposes high density, pedestrian oriented, mixed-use development with high-quality public amenities and open space along the riverfront. The form-based zoning standards for the S-DR Zone will provide a more refined, clear and objective zoning tool as compared to the existing Site Review overlay zoning. The development standards and requirements in the S-DR Zone, as amended, will also promote redevelopment consistent with this vision and implement nodal development and growth management policies in other community plans, specifically the Metro Plan, the Whiteaker Plan, and the Downtown Plan. The original Downtown Riverfront Specific Area Plan as adopted, includes a variety of graphics and other text that are now inconsistent with the updated vision, related to the configuration of streets, open space including the riverfront park, and the arrangement of proposed uses and development overall. Recognizing that the majority of the original plan is adopted only as supporting findings for the original S-DR Zone, and that the vestigial regulatory components of the plan have been incorporated into the revised and updated S-DR Zone, the original plan itself retains no utility as it 9 The Downtown Riverfront Concept Plan was presented to City Council on January 31, 2018 (Agenda, Minutes, Webcast). City Council initiated land use code amendment to implement the plan on July 9, 2018 (Agenda, Minutes, Webcast). City of Eugene FINAL SUBMITTAL 41 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 19,2019 relates to regulation of the land uses on the subject property. In fact, it could create unnecessary confusion if it were to be retained, along with other changes to the S-DR Zone being proposed concurrently. Due to these changes, and with incorporation of the remaining, relevant policy intent within the S-DR Zone, repeal of the Downtown Riverfront Specific Area Plan is warranted under subsection (e). The amendment to Policy 2 of the Whiteaker Plan is also proposed to facilitate implementation the updated concept plan for subject properties that are being rezoned from S-W/SR to S-DR. Based on the preceding findings, the proposed amendments are consistent with refinement plan amendment approval criteria. City of Eugene FINAL SUBMITTAL 42 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 April 19, 2019 3.3 Zone Change The proposal involves the re-zoning of eight (8) parcels (totaling approximately 1.68 acres) within the subject site from S-W Whiteaker Special Area Zone, I-2 Light-Medium Industrial, and PL Public Land to S-DR Downtown Riverfront Special Area Zone, which is being revised as part of concurrent amendments to the land use code; and, to remove the /Site Review Overlay Zone on six (6) parcels and the /TD Transit Oriented Development Overlay Zone on one (1) parcel. Twenty (20) parcels will retain the S-DR Downtown Special Area Zone designation and fifteen (15) parcels will retain the existing /WR Water Resources Conservation Overlay Zone designation. Table 3-1 presents existing and proposed base and overlay zone designations for parcels within the subject site. Exhibit C: City of Eugene Zoning Diagram illustrates existing and proposed zoning diagram changes. Assessor's map and tax lot numbers are shown on Sheet G1.0 Cover Sheet (Exhibit 13.1). The only properties subject to the proposed zone change are highlighted in the table below, for ease of reference. Findings of compliance with applicable Zone Change approval criteria are provided for EC 9.8865, following the table below. City of Eugene FINAL SUBMITTAL 43 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 Table 3-1. Existing and Proposed City of Eugene Zoning Designations 19,2019 Map and Tax Lot No Acres Plan Designation Base Zone Designation Overlay Zone Designation . Existing Existing Proposed Existing Proposed 17032933 / 01400 0.12 POS / ND S-DR S-DR WR WR 17032933 / 01500 0.09 POS / ND PL S-DR WR WR 17032933 / 01600 0.11 POS / ND S-DR S-DR WR WR 17032933 / 01800 0.03 POS / ND S-DR S-DR WR WR 17032933 / 01900 0.18 POS / ND I-2 S-DR TD / WR WR 17032933 / 02000 0.11 POS / ND S-DR S-DR WR WR 17032933 / 02600 0.25 MU/ND S-W S-DR SR - 17032933 / 02700 0.42 HDR, MU / ND S-DR S-DR - - 17032933 / 02900 0.24 MU/ND S-DR S-DR WR WR 17032933 / 02901 0.40 MU/ND S-DR S-DR WR WR 17033044 / 07400 0.29 MU S-W S-DR SR - 17033044 / 07500 0.29 MU/ND S-W S-DR SR - 17033044 / 08200 0.21 MU/ND S-W S-DR SR - 17033044 / 08300 0.08 MU/ND S-W S-DR SR - 17033044 / 08400 0.29 MU /ND S-W S-DR SR - 17033044 / 08500 1.54 HDR, MU / ND S-DR S-DR - - 17033111 / 00100 0.26 HDR, MU / ND S-DR S-DR - - 17033111 /00300 0.48 HDR, MU / ND S-DR S-DR - - 17033222 / 00100 2.33 MU/ND S-DR S-DR WR WR 17033222 / 00300 1.90 HDR, MU / ND S-DR S-DR - - 17033222 / 00400 0.40 HDR, MU / ND S-DR S-DR - - 17033222 / 00401 0.64 HDR, MU / ND S-DR S-DR - - 17033222 / 00800 7.28 MU/ND S-DR S-DR WR WR 17033222 / 01500 1.18 POS / ND S-DR S-DR WR WR 17033222 / 01600 0.41 POS / ND S-DR S-DR WR WR 17033222 / 00801 3.02 MU/ND S-DR S-DR WR WR 17033222 / 00802 2.90 POS / ND S-DR S-DR WR WR 17033222 / 00803 1.42 MU/ND S-DR S-DR WR WR City of Eugene FINAL SUBMITTAL 44 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 19,2019 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. The proposal involves the re-zoning of eight (8) parcels (totaling approximately 1.68 acres) within the subject site from S-W Whiteaker Special Area Zone, I-2 Light-Medium Industrial, and PL Public Land to S-DR Downtown Riverfront Special Area Zone, which is being revised as part of concurrent amendments to the land use code; and, to remove the /Site Review Overlay Zone on six (6) parcels and the /TD Transit Oriented Development Overlay Zone on one (1) parcel. Twenty (20) parcels will retain the S-DR Downtown Special Area Zone designation and fifteen (15) parcels will retain the existing /WR Water Resources Conservation Overlay Zone designation. The proposal does not amend the Metro Plan, as the proposal relies upon existing designations as shown in Table 3-1 above. The proposed zone changes are designed to implement Metro Plan nodal development and mixed-use development policies through S-DR Zone standards, as amended, that are specifically intended to facilitate redevelopment, mixed-use development, and public access consistent with the updated Downtown Riverfront Concept Plan'O as previously described. The findings at EC 9.8065(2) demonstrate the consistency of the proposed zone change with applicable provisions of the Metro Plan. Therefore, 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 boundaries of the Downtown Plan, Riverfront Park Study, and Whiteaker Plan. As part of the implementation of the redevelopment vision, the proposal involves amendments to the Whiteaker Plan and the S-DR Downtown Riverfront Special Area Zone. Approval of the zone change is dependent upon approval of these concurrent refinement plan and code amendments but relies entirely on existing plan designations. More specifically, the proposed rezoning of properties from S-W/SR to S-DR is consistent with those properties' existing mixed-use plan designation in the Whiteaker Plan (and the corresponding mixed- use designation in the Metro Plan). The concurrent amendment to Policy 2 of the Whiteaker Plan is, however, necessary to facilitate removal of the existing/SR Site Review overlays on these properties. As such, the related refinement plan amendment findings at EC 9.8424 are incorporated herein by reference. With approval of the related amendment to Policy 2, the proposed rezoning from S-W/SR to S-DR is consistent with all applicable provisions of the Whiteaker Plan. The two individual properties being rezoned from PL/WR and I-2/TD/WR, to S-DR/WR, are located just outside the Whiteaker Plan boundary and have no refinement plan land use designation otherwise established in the Riverfront Park Study or Downtown Plan. As such, the proposed rezoning of those io The Downtown Riverfront Concept Plan was presented to City Council on January 31, 2018 (Agenda, Minutes, Webcast). City Council initiated land use code amendment to implement the plan on July 9, 2018 (Agenda, Minutes, Webcast). City of Eugene FINAL SUBMITTAL 45 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 April 19, 2019 properties relies upon on their existing Metro Plan designations for parks and open space and nodal development. These individual parcels were not included in the original re-zoning of properties to the S-DR Zone as part of the "EWEB Riverfront Master Plan" (see Ord. 20513 and its Exhibits) but have since been recognized as additional parcels that should be rezoned as part of the new riverfront park at its northern end near the DeFazio Pedestrian Bridge. It is also noted that these parcels will have a subdistrict designation within the S-DR zone for /CL, Cultural Landscape, which is consistent with their intended use and availability as part of the new riverfront park. They will also retain the /WR Water Resource Overlay Zoning which will ensure compliance with the City's adopted protections for Goal 5 resources (i.e. the Willamette River). None of these changes would conflict with any known, adopted refinement plan provisions in the context of this criterion. Regarding the removal of the /TD Transit Oriented Development Overlay Zone from one (1) parcel, the development standards in the S-DR Zone (Exhibit A), as amended, 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. Furthermore, this individual parcel is located well outside the Transit Oriented Development Overlay Zone area as indicated on EC Map 9.4510, as are all the other parcels included as part of this concurrent adoption package which were previously rezoned to S-DR and to remove the /TD Overlay Zone in 2013 (again, see Ord. 20513 and its Exhibits). In addition, there is no adopted refinement plan that specifically requires retention of the /TD overlay in the context of this criterion. This action is consistent with the overall intent of the S-DR Zone to still facilitate transit-oriented development as part of the overall project, but with more specific provisions in the /CL subdistrict of the S-DR Zone that will facilitate the riverfront park and natural resource protections along the Willamette River. Based on the preceding findings, this criterion is satisfied. (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 basis." All of these key urban services and 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 J: Stormwater Study provides an evaluation of existing stormwater facilities within the subject property. Exhibit K: Wastewater Study provides an evaluation of existing wastewater facilities within the subject property. Existing transportation facilities are sufficient to handle the proposed re-zoning and subsequent 11 Lane Council of Governments (LCOG). Metro Plan. Glossary page V-3. 2004 Update. City of Eugene FINAL SUBMITTAL 46 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 April 19, 2019 development as demonstrated by the findings of compliance with Statewide Planning Goals 11 and 12, under EC 9.8065(1). 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 and /SR overlays will not affect the provision of key urban services. The proposal includes a concurrent request for Subdivision Tentative approval and the findings under EC 9.8515 are incorporated by reference herein as further demonstration of compliance with this criterion. Based on the preceding findings, this criterion is satisfied. (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. EC 9.3140 S-DR Downtown Riverfront Special Area Zone Siting Requirements. In addition to the approval criteria at EC 9.8865 Zone Change Approval Criteria, the site must be included within the Downtown Riverfront area depicted on Figure 9.3135 S-DR Zone Regulating Plan. The subdistrict and overlay subdistrict designations applicable to the property are shown on Figure 9.313 5 S-DR Zone Regulating Plan and shall be more precisely located on individual lots upon land division approval. Exhibit A: Code Amendments includes an amended Figure 9.3185 S-DR Zone Regulating Plan which depicts all the of the parcels within the subject site, and subject to the re-zoning request as within the Downtown Riverfront area. Figure 9.3185 includes subdistrict and overlay subdistrict boundaries. Exhibit B.2: Tentative Subdivision Plan Set is a land division request for approximately 16-acres within the Downtown Riverfront area depicted on Figure 9.3185. The boundaries of subdistricts and overlay subdistricts are shown on Exhibit B.2: Tentative Subdivision Plan Set, in accordance with the above requirement. Based on the preceding findings, this criterion is satisfied. (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. Based on the preceding findings, the zone change is consistent with applicable approval criteria. City of Eugene FINAL SUBMITTAL 47 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 April 19, 2019 3.4 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 Greenwav 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 Green way. " `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 13.1), 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. In a 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." City of Eugene FINAL SUBMITTAL 48 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 April 19, 2019 As shown on Sheet R1.0 Regulatory Plan (Exhibit B.1), the subject property contains approximately 1.71 acres of open space within the Greenway Boundary. As illustrated on Sheets 51.0 and 51.1 Existing Conditions Plan, the natural vegetative fringe along the Willamette River, containing landscape areas and vegetation, is limited to the area between the water's edge and 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 G). Of the area of the subject site within the Willamette Greenway boundary, 92 percent of the site is covered by buildings or structures (approximately 5.92 acres), impermeable surfaces (approximately 9.03 acres), or other (gravel) surfaces (3.09 acres), as illustrated on Sheet R1.0 Regulatory Plan. The proposed amendments and zone change rezone eight (8) parcels (totaling approximately 1.68 acres) within the subject site from S-W Whiteaker Special Area Zone, I-2 Light-Medium Industrial, and PL Public Land to S-DR Downtown Riverfront Special Area Zone, which is also being revised under the concurrent amendments to the land use code. The proposed zone change also removes the /SR Site Review Overlay Zone on six (6) parcels and the /TD Transit Oriented Development Overlay Zone on one (1) parcel. Twenty (20) parcels will retain the S-DR Downtown Special Area Zone designation and fifteen (15) parcels will retain the existing /WR Water Resources Conservation Overlay Zone designation. The S-DR Zone includes two land use sub-districts; a mixed-use sub-district (S-DR/MU) and a cultural landscape and open space sub-district (S-DR/CL). The S-DR/CL sub-district comprises approximately 7.07 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 Parks, Recreation and Open Space (PRO) Zone. Development standards are largely based on exiting established development standards in the PRO, NR, and PL Zones, and are amended to achieve equal or higher performance in landscape and open space site protection, restoration, and enhancement for this specific site. The proposal does not affect or amend existing established /WR Overlay Zone protections, which establish 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 ensure the continued provision of landscape and open space area between redevelopment and the river. As illustrated on Sheet R1.0 Regulatory Plan, 3.24 acres within the /WR conservation setback are prior developed in accordance with EC 9.4920(5) and are excluded from /WR conversation areas. The standards and requirements at EC 9.4900 through EC 9.4980 do not apply to prior developed areas, as specified in EC 9.3155(16), as amended. The proposal establishes a Willamette Greenway Setback line, as discussed in the findings for EC 9.8815(5)(a), which concurrent with development of the Riverfront Park, will keep structures separated from the river and increase the amount of landscape, open space, and vegetation along the river as compared to existing conditions. The proposal includes a new Riverfront Park on the subject site. An inviting and accessible public park along the Willamette River has long been a critical component to creating a new riverfront neighborhood district in Downtown Eugene. The proposal requests approval to develop the riverfront City of Eugene FINAL SUBMITTAL 49 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 19,2019 to serve as an anchor amenity for new development and create access points to the riverfront for the community. The 2018 Eugene Parks and Recreation System Plan is a 30-year strategic plan with implementation recommendations for the first 10 years. The plan includes new parks and trails, improved access to the Willamette River, revitalized pools and community centers, and more recreation opportunities in underserved areas. The Plan was shaped by more than 12,000 residents during an extensive and inclusive outreach process that garnered two citizen engagement awards for the City. Within the Parks and Recreation System Plan, a proposed Riverfront Park on the subject site is identified as Project #C1 "Downtown Riverfront Park development at former EWEB site to serve [the City Central Neighborhood Planning area]" in Appendix A Planning District Summaries and Recommendations. The Plan allocates $9,000,000 in capital cost to the project and identifies it as a Priority 1/2 project. 12 The Riverfront Park concept was originally included as a key element in the prior approved "EWEB Riverfront Master Plan". The S-DR Zone established a Cultural Landscape and Open Space (S-DR/CL) subdistrict and designed approximately 3-acres for parks and recreation uses. In 2013, the City and EWEB entered into an MOU that stated that EWEB would donate 3-acres of riverfront property to City of Eugene Parks in exchange for a dedication of a funds for park development in the future. In 2018, the City officially took ownership of the Riverfront Park site from EWEB and finalized the concept design for the Riverfront Park. In addition to the original three acres, one additional acre of upland Park Plaza was added to the site as part of the redevelopment acreage to the west. Key design features include: ■ Extensive riparian habitat enhancement; ■ Construction of a new bike path as a multi-modal pathway separating wheeled and pedestrian path users; ■ Viewpoints reaching out over the river bank providing views up and down the river as it bends north; ■ Integrated interpretive elements addressing themes of energy, ecology, industry and culture on the site; ■ Vibrant landscape design and native planting landscapes; ■ Public art; ■ Site lighting, benches, and other park furniture; ■ Programmable open space for markets, food carts, performance and other public events; and ■ Play areas for families and children. As such, specific design goals for the park are to: ■ Enhance riparian habitat conditions and develop visible stormwater treatment landscape connections within the new park. ■ Significantly improve the section of the Ruth Bascom Riverfront Path and provide inclusive and easy access from downtown to the Riverfront and across the river at the Peter DeFazio Bridge. 1z Eugene Parks and Recreation System Plan. Appendix A Planning District Summaries and Recommendations. July 2018. City of Eugene FINAL SUBMITTAL 50 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 19,2019 ■ Create viewpoints that reach from the adjacent new development site out to river overlooks within the park. ■ Integrate history and culture into the landscape via art-based interpretive elements. ■ Provide opportunities for activities, play, and programming within the park to encourage visitors from the community and around the world to experience and engage in the landscape of the river. ■ Create a safe and inclusive park experience at any time of day or night for park visitors. The proposed development of a Riverfront Park within the subject site seeks to provide the maximum possible amount of landscaped area, open space, and vegetation as a core tenet of its use. As shown on Sheets WR 101.1 and 101.2 (Exhibit B.3), the Riverfront Park site is approximately three acres of linear park land along approximately 1,500 linear feet of the Willamette River. All proposed enhancement work is scheduled to occur above the ordinary high-water line. The proposed landscape design varies from native riparian enhancement approaches, to urban landscape forms using set percentages of native plants and an architectural design approach. The landscapes are restorative and educational in some areas, and more structural as support to hardscape and building design in others. Lawn area will provide open spaces for viewing and play, while stormwater treatment area plantings are designed for water quality treatment within an urban landscape setting. The Riverfront Park includes three types and locations of riparian enhancement in order to provide the maximum possible landscaped area, open space, and vegetation between the development and the river: 1) Riparian Enhancement - Grading and Planting The park site is narrow at the north and south ends to accommodate existing buildings on the river, namely the EWEB Headquarters buildings to the north and the decommissioned EWEB Steam Plant to the south. The site widens between these areas, allowing for a grading back of the bank to create a gentler slope; installation of a fabric encapsulated stabilization system; seeding; and replanting with native riparian species. This work will result in a rich and diverse river's edge habitat and will maintain the roughness needed to allow for slower water through this area. 2) Riparian Enhancement - Non-Native Species Removal, Pruning, and Planting In the narrower areas of the site, riparian enhancement activities will be limited to removal of non-native invasive species; pruning of trees to remain for tree health and improved views; and planting in the voids of the existing bank armament structures to promote new growth on the river bank. 3) Conservation Area Enhancement - Grading, Access, and Replanting At the very north end of the site between the EWEB North headquarters building and the Peter DeFazio Bridge, the project will construct an accessible path and renovate an area above the bike path with new native plantings. The area is currently overgrown with many non-native invasive species and has several concrete paths for viewing the river. This area is located within the Goal 5 Resource Conservation Setback for the Willamette River and as such will be revegetated with native riparian species. An accessible path will bring park visitors to the top of the bridge and provide additional seating and viewpoints along the way. In addition, the Riverfront Park plaza space is intended to support and be supported by a variety of development types surrounding the space. Permitted uses, such as restaurants, a hotel, and other City of Eugene FINAL SUBMITTAL 51 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 April 19, 2019 residential buildings are planned to surround the new plaza space, providing open space to draw families and residents of all ages. The plaza is envisioned to provide open space where food, drink, and community events can be enjoyed within the context of the Willamette River. As such, the plaza will incorporate paved open space with facilities to support performance space, food vendors or trucks, and other urban events. Some areas will also be devoted to stormwater treatment landscapes and provision of contemplative and quiet spaces. As shown on Sheet G1.0 Cover Sheet, the proposal will result in approximately 7.07 acres of land dedicated as cultural landscape and open spaces areas, including the Riverfront Park. Pursuant to redevelopment, the proposal will create approximately 2.56 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. 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 Riverbank Trail from surrounding areas is provided at three points: the western terminus of the DeFazio Pedestrian Bridge at the north end of the site, the former EWEB plaza at the eastern terminus of 4th Avenue, and a multi-use path connection extending from 8th Avenue to the Riverbank Trail at the south end of the site. As illustrated on Sheets L1.0 and L1.1 Site Plan (Exhibit B.1), 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 S-DR Zone regulating plan, as amended, designates public accessways, consistent with EC 9.6835, and identifies the relocated Riverbank Trail as a multi-use path, 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, which combine to expand public access opportunities along the Willamette River. More specifically, the proposal prioritizes the inclusion of paths and viewpoints to encourage public access and enjoyment of the riverfront. As previously noted, the Riverbank Trail will be relocated and reconstructed as a key transportation connection through the west edge of the proposed Riverfront Park. The trail will be rebuilt to separate bicycles and other faster modes of travel from pedestrians with construction of two paths separated by landscaped areas. Several view corridors extend over the river bank and capture key views up and down the Willamette as it bends northward, as illustrated on Figure EC 9.3155(3). The view corridors are aligned with key street corridors that extend into the redevelopment site and are intended to reinforce a connection to the river. In addition, secondary pedestrian paths will meander closer to the river and provide additional viewing points, as illustrated on Figure EC 9.3185. A proposed interpretive site/overlook at the end of 5th Avenue will provide areas for seating and viewing as well as space for performance and visual art under and around a proposed Art Pavilion. Public art is an integral component of the Riverfront Park design, infusing the site with interpretive opportunities as well as creating a foundation for future temporary installations. The most significant art piece on the site will take shape at the end of 5th City of Eugene FINAL SUBMITTAL 52 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 19,2019 Avenue in the form of a shelter constructed to provide shade, reflect the river in the roof construction, and create a platform for temporary art. Temporary art opportunities may include sculpture, performance art, digital visual art and more with the structure scheduled to include lighting, a projection screen, and other technology to facilitate public, creative endeavors. The Riverfront Park design also includes benches, seating areas, and requisite trash receptacles and bicycle racks provide basic park amenities critical to public access and enjoyment of the park. Proposed seat walls, stairs, and shaded seating structures will provide a variety of seating opportunities for park visitors. In addition, park lighting will provide safe night-time bicycle and pedestrian movements through the site and accommodate evening programming and community activities. Lighting proximate to the river along the pedestrian paths and at the overlooks will strike a balance between operating at lower light levels to be responsive to sensitive habitat areas, but bright enough to maintain a level of security critical to the overall success of the park and visitor comfort in accordance with the standards at EC 9.3155(10)(c). The proposed circulation system and amenities within the subject site are intended to facilitate public access through the subject site and along the Willamette River while simultaneously providing visual access. 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 under EC 9.8065(2) 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.). As illustrated on Sheets L1.0 and L1.1 Site Plan (Exhibit B.1), the proposal includes 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. City of Eugene FINAL SUBMITTAL 53 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 19,2019 Section C.3 of Goal 15 provides 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. As noted above and illustrated on Sheets 51.1 and 51.1 Existing Conditions Plan, the existing natural vegetative fringe along the Willamette River is limited to the area between the water's 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. Existing bank and riverfront conditions along the Willamette River in this section of the riverfront reflect the history of over 100 years of use of the site as the City's Water and Electric Utility. The vast majority of the subject site is prior developed and has been used for industrial and utility uses since 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 with some vegetation growing through basalt rock and concrete slab revetments. Much of the vegetation within the armoring is non-native with some scattered native tree and shrub species. 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 G). Of the area of the subject site within the Willamette Greenway boundary, 92 percent of the site is covered by buildings or structures (approximately 5.92 acres), impermeable surfaces (approximately 9.03 acres), or other (gravel) surfaces (3.09 acres), as illustrated on Sheet R1.0 Regulatory Plan. Existing structures proposed to remain include the EWEB Headquarters, Steam Plant, and Willamette Substation. As illustrated on Sheet R1.0 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 Downtown Riverfront Concept 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 extent of the subject site, the setback is approximately 160 feet in width and encompasses all property currently in use as open space and proposed to be Riverfront Park. The setback aligns with the eastern perimeter of the EWEB Headquarters North Building and EWEB Headquarters South Building and increases to approximately 110 feet in width to encompass the EWEB waterfront plaza and public access points 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 120 feet in width, and includes all areas designated for Riverfront 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 extent of the subject site, the setback is approximately 50 feet and encompasses additional areas designated for park or cultural landscape and open space uses and riparian/bank enhancement. In total the proposed Willamette Greenway Setback will protect 3.67 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. City of Eugene FINAL SUBMITTAL 54 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 19,2019 `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 or facilities, residences, parking lots, spoil and dump sites, roads and highways, restaurants, businesses, factories, and trailer parks are notgenerally 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 L1.0 and L1.1 Site Plan, the proposal involves the development of a Riverfront Park 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. 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 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 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. As illustrated on Sheet R1.0 Regulatory Plan, 3.24 acres within the /WR conservation setback are prior developed in accordance with EC 9.4920(5) and are excluded from /WR conversation areas. The standards and requirements at EC 9.4900 through EC 9.4980 do not apply to prior developed areas, as specified in EC 9.3155(16), as amended. The proposal establishes a Willamette Greenway Setback line, as discussed in the findings for EC 9.8815(5)(a), which concurrent with development of the Riverfront Park, will keep structures separated from the river and increase the amount of landscape, open space, and vegetation along the river as compared to existing conditions. City of Eugene FINAL SUBMITTAL 55 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 19,2019 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. 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 1,500 linear 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 and utility uses since 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 G: 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 51.0 and 51.1 Existing Conditions Plan (Exhibit B.1), the natural vegetative fringe along the Willamette River is limited to the area between the water's 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 7.07 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 L1.0 and L1.1 Site Plans. As noted previously, the Riverfront Park includes three types and locations of riparian enhancement in order to protect and enhance the natural vegetative fringe along the Willamette River to the maximum extent practicable: 1) Riparian Enhancement - Grading and Planting The park site is narrow at the north and south ends to accommodate existing buildings on the river, namely the EWEB Headquarters buildings to the north and the decommissioned EWEB Steam Plant to the south. The site widens between these areas, allowing for a grading back of the bank to create a gentler slope; installation of a fabric encapsulated stabilization system; seeding; and replanting with native riparian species. This work will result in a rich and diverse river's edge habitat and will maintain the roughness needed to allow for slower water through this area. City of Eugene FINAL SUBMITTAL 56 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 19,2019 2) Riparian Enhancement - Non-native Species Removal, Pruning, and Planting In the narrower areas of the site, riparian enhancement activities will be limited to removal of non-native invasive species; pruning of trees to remain for tree health and improved views; and planting in the voids of the existing bank armament structures to promote new growth on the river bank. 3) Conservation Area Enhancement - Grading, Access, and Replanting At the very north end of the site between the EWEB North headquarters building and the Peter DeFazio Bridge, the project will construct an accessible path and renovate an area above the bike path with new native plantings. The area is currently overgrown with many non-native invasive species and has several concrete paths for viewing the river. This area is located within the Goal 5 Resource Conservation Setback for the Willamette River and as such will be revegetated with native riparian species. An accessible path will bring park visitors to the top of the bridge and provide additional seating and viewpoints along the way. 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 proposal does not encourage trespass on private property. Public safety will be maintained through the provision of several key public improvements, and all public improvements will be constructed in accordance with standards specified in EC 9.6505. Namely, the Ruth Bascom River Loop path runs along the existing top of bank through the Downtown Riverfront Park site and will be relocated and reconstructed as a key transportation connection through the west edge of the Riverfont Park. The path will be rebuilt to separate bicycles and other faster modes of transport from pedestrians with construction of two paths separated by landscaped areas. Several view corridors extend over the river bank and capture key views up and down the Willamette as it bends northward, as illustrated on Figure EC 9.3155(3). The view corridors are aligned with key street corridors that extend into the redevelopment site and are intended to reinforce a connection to the river. In addition, secondary pedestrian paths will meander closer to the river and provide additional viewing points, as illustrated on Figure EC 9.3185. The proposed circulation system within the Riverfront Park site provides physical and visual access to and throughout the site, enhancing public safety and welcoming general occupation of the space, which will ideally reduce risk of vandalism. City of Eugene FINAL SUBMITTAL 57 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 19,2019 In terms of additional safety, 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. Benches, seating areas, and the requisite trash receptacles and bicycle racks will also provide the site with basic critical amenities. Seat walls, stairs, and shaded seating structures will provide a variety of seating opportunities, and park lighting will provide safe night-time bicycle and pedestrian movements through the site and accommodate evening programming and community activities. Lighting closer to the river along the pedestrian paths and at the overlooks will strike a balance of operating at a lower light level to accommodate habitat concerns, but bright enough to see the path and maintain a level of security critical to the overall success of the park and visitor comfort. Overall, proposed S-DR Zone (Exhibit A) development standards, as amended, 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. As noted previously, the 2018 Eugene Parks and Recreation System Plan is a 30-year strategic plan with implementation recommendations for the first 10 years. Within the Parks and Recreation System Plan, a proposed Riverfront Park on the subject site is identified as Project #C1 "Downtown Riverfront Park development at former EWEB site to serve [the City Central Neighborhood Planning area]" in Appendix A Planning District Summaries and Recommendations. The Plan allocates $9,000,000 in capital cost to the project and identifies it as a Priority 1/2 project. The Riverfront Park concept was originally included as a key element in the prior approved EWEB Riverfront Master Plan. The S-DR Zone established a Cultural Landscape and Open Space (S-DR/CL) subdistrict and designed approximately 3-acres for parks and recreation uses. In 2013, the City and EWEB entered into an MOU that stated that EWEB would donate 3-acres of riverfront property to City of Eugene Parks in exchange for a dedication of a funds for park development in the future. In 2018, the City officially took ownership of the Riverfront Park site from EWEB and finalized the concept design for the Riverfront Park. In addition to the original three acres, one additional acre of upland Park Plaza was added to the site as part of the redevelopment acreage to the west. The proposed amendments and zone change designate land for "parks and open space" use within the S-DR Zone and the list of permitted uses is based on uses listed in the existing PRO Park, Recreation and Open Space Zone (EC 9.2630), which is the common zoning designation of parkland. Development standards for parks and open space uses are provided in EC 9.3185 (Exhibit A). Sheets WR101.1 City of Eugene FINAL SUBMITTAL 58 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 19,2019 through WR105.1 (Exhibit B.3 Water Resources Standards Review Plan Set) detail the proposed Riverfront Park improvements. The proposal amends the S-DR Zone (Exhibit A). The S-DR Zone was designed with the specific intent of compatibility with nearby uses including recreational lands. 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 proposal is 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 is requested or needed. Therefore, this criterion is satisfied. Based on the preceding findings, the request is consistent with applicable Willamette Greenway permit criteria of approval. City of Eugene FINAL SUBMITTAL 59 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 3.5 Tentative Subdivision 19,2019 This section documents the applicable application procedures and approval criteria in accordance with EC 9.8500. EC 9.7007 Neighborhood/Applicant Meetings. (1) This section applies to the following types of applications: (a) Type II: 3-lot partitions, tentative subdivisions, tentative cluster subdivisions and design reviews; The required neighborhood/applicant meeting took place on March 28, 2019, from 5:30 pm to 7:00 pm in the Eugene Downtown Public Library. Notices were mailed in accordance with the requirements of EC 9.7007, and three signs were posted along the perimeter of the site. The full documentation of the notice, signage, and materials provided at the meeting is provided in Exhibit F. EC 9.8505 Applicability of Subdivision. Tentative Plan Applications. Requests to create 4 or more lots shall be subject to the subdivision provisions of this land use code under a Type II application process. A subdivision application that also involves a PUD request may not be submitted until a decision on the tentative PUD approval is final. (Refer to EC 9.8305 Applicability.) No development permit shall be issued by the city prior to approval of the subdivision tentative plan application. The proposal will result in the creation of 17 lots and new public right-of-way. A Tentative Subdivision is required. As part of a comprehensive package of land use applications, the application will be processed concurrently with other applications. Rather than the Type II land use application process, the subdivision will be reviewed concurrently under the higher classification type. EC 9.8510 Subdivision. Tentative Plan Application Requirements. In addition to the provisions in EC 9.7010 Application Filing, the following specific requirements shall apply to tentative subdivision plan applications: (1) All tentative subdivision applications shall be prepared by an Oregon licensed land surveyor and shall include a preliminary title report. The tentative subdivision application includes a tentative plat prepared by EGR and Associates licensed surveyors in the state of Oregon. The tentative plat (see Exhibit 13.2) includes the corresponding licensure credentials and stamp. The tentative subdivision plan sheets provided for context and reference are included with the comprehensive application package. These documents were prepared by KPFF, an engineering firm that includes both licensed Professional Engineers and licensed land surveyor in the state of Oregon. A preliminary title report is provided in the exhibits to the overall package of land use applications. See Exhibit M. This application requirement has been fulfilled. (2) The application shall include all contiguous undeveloped or partially developed property under the same ownership as the subject property, be signed by the owner of the property, and include such related information as prescribed by the planning director. City of Eugene FINAL SUBMITTAL 60 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 April 19, 2019 The downtown riverfront tentative subdivision application includes all contiguous property under the ownership of the Urban Renewal Agency of the City of Eugene. The area covered by the proposed subdivision includes the following current tax lots: ■ 17-03-30-44-08500 ■ 17-03-31-11-00100 ■ 17-03-31-11-00300 ■ 17-03-32-22-00300 (partially under viaduct) ■ 17-03-32-22-00400 ■ 17-03-32-22-00401 ■ 17-03-32-22-00800 ■ 17-03-32-22-00801 (Steam Plant) The Eugene City Council acts as the Agency Board of the Urban Renewal Agency (URA). Applications filed by private entities require the signature of the property owner. However, as per EC 9.7010, applications filed by public agencies are not required to provide signature of the property owner. (3) The tentative subdivision plan application shall include a phasing plan that indicates any proposed phases for development, including the boundaries and sequencing of each phase. Phasing shall progress in a sequence that promotes street connectivity between the various phases of the development and accommodates other required public improvements. There is no specific phasing plan proposed; however, final platting may involve multiple final plat applications to implement the tentative approval. The tentative subdivision creates 17 lots, and certain lots created by the current proposal may involve additional final plat applications to create smaller townhome lots. Those townhome lots are depicted as a "ghost plat," thereby indicating where the larger parent lots created as part of the tentative subdivision will be further subdivided by subsequent final plats. (4) The lot proposed to be divided in the subdivision application is a legal lot. The proposed Tentative Subdivision will take place on the site of the former EWEB headquarters and utility yard, which is comprised of 11 legal lots of record. The preliminary title report (see Exhibit M) for all lots subject to the proposed subdivision is included as an exhibit to the comprehensive application package. This application requirement has been fulfilled. (5) If the proposal includes needed housing, as defined by State statutes, the written statement submitted with the subdivision application shall clearly state whether the applicant is electing to use the general approval criteria in EC 9.8515 Subdivision. Tentative Plan Approval Criteria- General instead of the approval criteria found in EC 9.8520 Subdivision. Tentative Plan Approval Criteria- Needed Housing. City of Eugene FINAL SUBMITTAL 61 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 April 19, 2019 As indicated below, the proposed Tentative Subdivision will demonstrate compliance with the General approval criteria of section EC 9.8515. This application requirement has been met. Approval Criteria - Supporting Facts and Finding EC 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 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 9.4170 regarding lot dimensions and density requirements for the subject zone and overlay zone. Within the /WR Water Resources Conservation Overlay Zone, no new lot may be created if more than 33% of the lot, as created, would occupy 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. The tentative subdivision area totals 15.9 acres and is entirely within the Downtown Riverfront Special Area Zone (S-DR), with several existing lots also zoned /WR Water Resources Conservation Overlay Zone. The tentative subdivision complies with the applicable standards of the S-DR zone. The S-DR zone requires neither specific lot areas and dimensions nor minimum or maximum densities. Instead, the zone relies upon tailored design standards codified in subdistricts and overlay subdistricts, as well as a height regulating plan (Figure EC 9.3155(2)), to produce the desired urban form, streetscapes, and human-scaled development. The tentative subdivision creates 17 lots, listed in Table 5-1 below. Each lot within the tentative subdivision boundary falls within either the MU Mixed Use or CL Cultural Landscape & Open Space subdistrict in accordance with the S-DR Zone Regulating Plan on Figure EC 9.3135. Additional design standards are applied to the future development that will occur on certain lots based on inclusion in either the EC 9.3181 Mixed Use Active Overlay (see lots listed as /2 in Table 5-1., below) or EC 9.3182 Mixed Use People Overlay sub-districts (see lots listed as /1 in Table 5-1., below). City of Eugene FINAL SUBMITTAL 62 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 Table 5-1. Tentative Subdivision Lot Areas and Zone Details 19,2019 Lot Area Zone/ Sub-District/ Overlay Height Standard Existing Lot (North of E. 4th Avenue) 12,806 SF S-DR/ MU A 1 51,697 SF S-DR/ MU/ 2 A 2 16,426 SF S-DR/ MU A 3 18,547 SF S-DR/ MU A 4 16,432 SF S-DR/ MU/ 2 A 5 3,127 SF S-DR/ MU A 6 12,166 SF S-DR/ MU/ 2 B* 7 9,590 SF S-DR/ MU/ 2 B 8 3,634 SF S-DR/ MU/ 2 B 9 14,670 SF S-DR/ MU/ 2 A 10 74,181 SF S-DR/ MU/ 2 C* 11 17,479 SF S-DR/ MU/ 1 D 12 (PARK/ PLAZA) 50,530 SF S-DR/ CL E 13 46,831 SF S-DR/ MU/ 2 C 14 25,232 SF S-DR/ MU & /CL D 15 39,704 SF S-DR/ MU C 16 28,490 SF S-DR/ MU & /CL D 17 (STEAM PLANT) 43,890 SF S-DR/ MU & /CL F *The portion of Lots 6 and 10 located west of the viaduct is subject to height standard A. The Water Resources (/WR) Conservation Area is applied to the riparian area along the riverfront, and the associated setback extends into the area of the tentative subdivision. As per EC 9.4920, "prior developed areas" are exempt from inclusion in the conservation area. The tentative subdivision area is currently developed with buildings or paved and gravel parking, as shown on Sheets C1.0 and C1.1 Existing Conditions Plan. In 2013, the Eugene City Council enacted land use code amendments affecting the downtown riverfront redevelopment site through the adoption of Ordinance 20513. Exhibit 9 thereto established and formalized the "prior developed areas" which are effectively excluded from regulation under the /WR overlay standards. This line of prior developed areas is City of Eugene FINAL SUBMITTAL 63 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 April 19, 2019 shown in Exhibit B.1 (see Sheet R1.0 Regulatory Plan). Exclusion of the "prior developed areas" means that none of the lots created by the tentative subdivision will have more than 33% covered by the /WR conservation area in accordance with criterion (1) (a), described above. The Water Resources Conservation Overlay Zone and associated setback affects the abutting riverfront park property that runs parallel to the Willamette River. Development of the public park addresses the /WR Overlay standards through the complementary and current Standards Review land use application (See Approval Criteria and Standards, Section 2.6) that is part of the comprehensive application package. There is not a /WQ Management Area on the site. Based on the findings, this criterion is met. (b) EC 9.6800 through EC 9.6875 Standards for Streets, Alleys, and Other Public Ways; and The site is bounded by High Street to the west, the railroad to the west and south, the City's future riverfront park to the east, and generally East 4th Avenue to the north. As a prior single-use industrial site, there were few access points and no internal streets. The subdivision establishes a street grid by extending existing City rights-of-way for East 5th Avenue, Mill Street, and Ferry Street into and through the site. The site is governed by standards in the S-DR zone. The S-DR zone includes unique standards for streets, alleys, and other public ways that are tailored to the overall site design. These design concepts and standards include right-of-way widths, widths of drive aisles, sidewalks, and accessways or paths, street tree planting, on-street parking bays, and overall block structure and street layout. The S-DR zone explicitly exempts the site from EC 9.6815 Street Connectivity Standards and EC 9.6870 Street Width Standards. As demonstrated in Exhibit B.2 (see Sheets C6.0-C6.2), the proposed subdivision complies with the EC 9.3160 standards. High Street and West 4th Avenue are existing major collector streets that are built to rights-of-way and paving widths that exceed the minimum standards in Table 9.6870. The physical characteristics of these two streets are not controlled by the S-DR zone street design standards described above. The S-DR zone includes both a street network map (Figure 9.3160(1)) and corresponding sections and plans for each street type, alley, or accessway. The public streets and private alley are assigned street types, as follows. The street plan and sections include the site-specific details. Table 5-2. S-DR Zone Street Network per EC 9.3160 and Figure 9.3160(1) Street Segment Street Type Ferry Street NA 1 Mill Street NA 1 Mill Alley NA Alley 5th Avenue West of Mill Alley 4 5th Avenue Between Mill Alley & Ferry Street 5 City of Eugene FINAL SUBMITTAL 64 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 April 19, 2019 5th Avenue East of Ferry Street 4 Local Road 1 NA 3 Local Road 2 NA 3 Local Road 3 NA 2 While the general design of each street is consistent with the S-DR zone street typologies, specific details of each will be reviewed and approved at the time of public improvement permitting. Based on the findings above, this criterion is met. (c) EC 9.6500 through EC 9.6505 Public Improvement Standards. All new public improvements will be provided consistent with the requirements of the S-DR zone or the City's public improvement design standards manual, as applicable. EC 9.6500 Easements The tentative subdivision plat, utilities plans (water, sewer, stormwater drainage and treatment), and street plan depict the easements needed to ensure adequate provision of public services. These include public utility easements (PUEs) that run with the various infrastructure facilities and access easements to provide alley connections (e.g., access between Lots 13 and 14), as well as bicycle and pedestrian connections to the riverfront pathway system. Additional easements may also be established separately, and the necessary vacation of any existing or conflicting public easements will occur prior to final plat approval. EC 9.6505 Improvement - Specifications. The proposed subdivision complies with the requirements of this section. ■ Water. Water service will be provided in accordance with Eugene Water and Electric Board (EWEB) policies and procedures. The Water Plan depicts five connections to the existing water system around the site perimeter. Prior to final plat approval the statutorily required water availability letter from EWEB will be obtained. Sewer. Public wastewater is currently available to the subject property and available in the adjacent public rights-of-way. The proposed sewer plan (see Sheets 3.0 and 3.1) depicts a gravity-flow system for the entire site with connections to the existing city facilities at East 4th Avenue and the existing 12-inch main that bisects the northwestern block via the Mill Alley extension. ■ Streets and Alleys. EC 9.6505(3) cross references the standards in EC 9.6870. Those standards are superseded by the S-DR zone street design standards. As noted previously, the proposed street system complies with the applicable S-DR street standards in accordance with EC 9.3160. The subdivision also includes a single public alley - an extension of Mill Alley - that complies with the standards of EC 9.3160. City of Eugene FINAL SUBMITTAL 65 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 19,2019 ■ Sidewalks. Similar to the streets and alleys section above, the sidewalk width, placement, and amenities are included in S-DR cross sections. The subdivision complies with the standards included in the S-DR zone (see Sheets C6.2). Trees are shown on the street sections for illustrative purposes. Exact species and spacing will be refined through coordination and permitting with the City's Urban Forestry staff. ■ Bicycle Paths and Accessways. The subdivision places access easements over several public accessways that connect to the riverfront pathway system and future riverfront park. The pathways proposed at the eastern ends of Local Roads 1 and 2 meet the 12-feet minimum width standard at EC 9.3160(6). Construction-level details for all public improvements will be reviewed and approved by the City at the time of public improvement permitting. Based on the findings above, this criterion is met. (2) Approval does not impede the future best use of the remainder of the property under the same ownership or adversely affect the development of the remainder or any adjoining land or access thereto, based on the provisions of this land use code. For subdivisions involving phasing, it shall be demonstrated that each sequential phase will maintain consistency with the provisions of EC 9.8515 Tentative Subdivision Approval Criteria - General. The tentative subdivision does not impede the future use of the adjacent properties, as access is maintained to adjacent public rights-of-way. The existing southern EWEB office building maintains existing access to East 4th Avenue and is connected to the site by the Ferry Street extension. On the southern end of the site, the adjacent substation retains access to the current Hilyard Street railroad crossing and a new access point is provided by Local Road 3. The subdivision covers the entirety of properties under the same ownership. As described under EC 9.7010(3), the proposed subdivision is not phased; however, as indicated by the smaller townhome lots, there will be multiple final plats recorded to implement the approved tentative subdivision. Thus, the tentative subdivision will facilitate the future best use of the remainder of the property. The proposal complies with this criterion. (3) Any existing improvements on the proposed lots are consistent with the provisions of this land use code. The site is partially developed with four buildings and paved parking areas. Of the four structures, only the steam plant is being retained. The removal of existing buildings will otherwise occur prior to final plat approval, to ensure no encroachments within proposed lots or rights-of-way. The steam plant is located on Lot 17. When creating lots around existing structures, proposals must comply with setback standards to avoid non-conformities. In the S-DR zone, there is no minimum front or interior yard setback (EC 9.3155(2)); thus, Lot 17 and the existing steam plant siting are consistent with the provisions of this land use code. Future development on Lot 17 is subject to the S-DR development standards at EC 9.3148 regarding adaptive reuse. The proposal complies with this criterion. (4) The proposed subdivision will be consistent with the property's designation in the comprehensive plan and applicable adopted plan policies as reflected in the sections beginning at EC 9.9500. The site has two designations in the Metro Plan diagram. With City Council's adoption of Ordinance no. 20513, the portion of the site west of the Ferry Street Bridge viaduct is designated High Density City of Eugene FINAL SUBMITTAL 66 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 19,2019 Residential/ Mixed Use Area, and the area beneath and east of the viaduct is designated Mixed Use Area. The entire site area is designated with a Nodal Development Area overlay. The area east of the viaduct is also within the Willamette Greenway. The Metro Plan defines the High Density Residential (HDR) designation as areas of predominantly residential use that are developed at a density of more than 20 dwellings units per gross acre. The Mixed Uses designation identifies "areas where more than one use might be appropriate, usually as determined by refinement plans on a local level." The EWEB Downtown Riverfront Specific Area Plan, which is being repealed as part of the comprehensive application package, provided such direction and it was subsequently adopted as the S-DR code standards. The Metro Plan notes that "[i]n the absence of a refinement plan, the underlying plan designation shall determine the predominant land use." The Specific Area Plan recognized that the area is appropriate for a mixture of uses, thereby broadening the potential development options in the area designated for HDR. The Nodal Development Area Overlay is intended to create "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 subdivision creates lots that enable development that is consistent with the plan designation and overlays, as described above. There are five adopted Metro Plan policies at EC 9.9560, however only Policy (5) is potentially relevant to the subject proposal: (5) Environmental Design Element. Natural vegetation, natural water features, and drainage ways shall be protected and retained to the maximum extent practicable, considering the economic, social, environmental, and energy consequences in the design and construction of urban developments. Landscaping shall be utilized to enhance distinctive natural features. (Policy Z page III-E-3) The Metro Plan policies are largely directed at the City for purposes of legislative actions and are not intended to be approval criteria for development proposals. The City of Eugene has implemented this policy guidance through the inventory and analysis of Goal 5 Resources, as well as the adoption of the /WR Water Resources Conservation Overlay zone. The site is subject to both and each is addressed herein. It is worth noting that the site (specifically, the land area within the tentative subdivision plat) does not include any significant natural vegetation, water features, or drainage ways. As described in the findings associated with (1) (a), above, the site is developed with buildings and paved or gravel parking areas. The larger area subject to the S-DR zone includes such features, including the Willamette River riparian corridor, in the publicly owned riverfront park. The details of the proposed park development and riparian enhancements (e.g., removal of select rock rip-rap, restored native plantings, re-contoured river bank) are included in the separate Standards Review land use application. EC 9.9500 Adopted Plan Policies. The adopted plan policies set forth in the sections beginning at EC 9.9500 shall be used when applicable for purposes of evaluating applicable adopted plan policies pertaining to subdivisions, partitions, and site review. City of Eugene FINAL SUBMITTAL 67 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 April 19, 2019 The tentative subdivision is set in downtown Eugene along the Willamette River. The full S-DR zone is included in the areas of two city-adopted neighborhood refinement plans, Downtown and Whiteaker. East 4th Avenue is the boundary between the two plan areas, with the Whiteaker Plan to the north and the Downtown Plan south of the street. The tentative subdivision does not include the S-DR zoned lots north of 4th Avenue, thereby removing the Whiteaker Plan policies from consideration here. Downtown Riverfront Specific Area Plan City Council adopted the specific area plan as a refinement to the Metro Plan (Ordinance No. 20513). The text within the adopting ordinance states that certain sections "are adopted as land use regulations." The balance of the plan is "adopted only to serve as findings in support of this Ordinance," referring to the adopting ordinance. Therefore, the Specific Area Plan is not intended to act as approval criteria for individual projects. Instead, the plan content has been incorporated into the Eugene Land Use Code through the applicable S-DR zoning, and the specific area plan is repealed. EC 9.9540 Eugene Downtown Plan Policies. Previously applicable Downtown Plan policies have been repealed from the Eugene land use code (as part of the previous adoption of Ordinance No. 20513) and are no longer considered applicable to land use application reviews. (5) The proposed subdivision will: (a) Not result in unreasonable risk of fire, flood, geological hazards, or other public health and safety concerns; As described here or within the complementary applications, the subdivision will not result in unreasonable risks. The standards review application complies with standards in the /WR water resources conservation overlay. Criterion (10)(b), which follows, addresses geologic concerns. Items related to fire will be addressed at the time of building permit review. Other items that affect public health and safety are addressed throughout this application. This criterion is met. (b) Provide adequate transportation systems, water supply, sewage disposal, drainage, and other public utilities; The proposed subdivision will result in the provision of adequate transportation system and all public utilities. The site layout provides an interconnected street network, extending the existing street grid into and throughout the site. As described previously and shown on the Utility Plans (see Sheet C3.0- C5.1), all utilities are available at the site. This criterion is met. (c) Not hamper the adequate provision of publicly owned open space for recreation needs. The subdivision is setback from and adjacent to the existing greenway, thereby providing area for adequate publicly owned open space along the riverfront. The layout provides three connections to the greenway via public rights-of-way and another through the proposed park/plaza, which is shown on the plat as Lot 12. The publicly owned open space - future riverfront park - is an integral component of the overall vision for an urban riverfront neighborhood, but it is not explicitly included within the proposed subdivision. Citywide residents and future neighbors alike will nonetheless benefit from access through the proposed subdivision to numerous recreational amenities along the river and within the public-owned park. This criterion is met. City of Eugene FINAL SUBMITTAL 68 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 19,2019 (6) The proposed subdivision provides safe, convenient, and direct bicycle and pedestrian access to nearby and adjacent residential areas, transit stops, neighborhood activity centers, commercial areas, and employment and industrial areas, and provides safe, convenient, and direct transit circulation, provided the city makes findings to demonstrate consistency with constitutional requirements. "Nearby" means uses within 1/4 mile that can reasonably be expected to be used by pedestrians, and uses within 2 miles that can reasonably be expected to be used by bicyclists. Downtown Eugene is a mixed-use neighborhood comprised of commercial services, employment areas, and entertainment and activity options. The riverfront development is an extension of downtown Eugene. The subdivision extends the interconnected street grid, which facilitates safe, convenient, and direct bicycle and pedestrian access. The pedestrian-friendly streets include sidewalks on both sides and pedestrians are buffered from automotive traffic by street trees and/or on-street parking. The adjacent, off-site higher classification streets - East 4th and East Sth Avenues - have bicycle facilities, and the greenway paths provide access along the entire riverfront to the points throughout the city. Lane Transit District (LTD) provides transit service in Eugene. There are currently six routes that are "nearby and adjacent" to the site. The routes run along Coburg Road (Ferry Street Bridge/ viaduct), East 3rd Avenue, Pearl Street, and East 11th Avenue. The first three streets are within the 1/4-mile pedestrian shed noted in the criterion. The latter is slightly more than 1/4-mile away, and easy access to the 11th Avenue EmX service is largely contingent upon the subdivision street system connection to the railroad crossing. These routes and many others are within the 2-mile radius for cyclists. Future transit service within and through the site is welcome, but the applicant is aware that transit service cannot be speculative, as it only thrives where there are riders and destinations. LTD service planning will likely respond to the development once it occurs and demand materializes. In anticipation of potential service, proposed bus stops are identified along Local Road 3 and Mill Street (see Exhibit B.2, Sheets C6.0 and C6.1). Based on the above findings, this criterion is met. (7) The proposed subdivision is designed and sited such that roads, infrastructure, utilities, and future development of proposed lots will minimize impacts to the natural environment by addressing the following: (a) Protection of Natural Features. 1. For areas not included on the city's acknowledged Goal 5 inventory, the preservation of significant natural features to the greatest degree attainable or feasible, including: a. Significant on-site vegetation, including rare plants (those that are proposed for listing or are listed under state or federal law), and native plant communities. b. All documented habitat for all rare animal species (those that are proposed for listing or are listed under State or Federal law). C. Prominent topographic features, such as ridgelines and rock outcrops. City of Eugene FINAL SUBMITTAL 69 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 April 19, 2019 d. Wetlands, intermittent and perennial stream corridors, and riparian areas. e. Natural resource areas designated in the comprehensive plan diagram as "Natural Resource" and areas identified in any city-adopted natural resource inventory. 2. For areas included on the city's acknowledged Goal 5 inventory, the preservation of natural features shall be consistent with the acknowledged level of preservation provided for the area. The site has functioned as an industrial use for decades. The resultant on-site development is four industrial or office buildings, gravel and paved parking areas, and minimal landscaping in parking lot islands. According to the Riverfront Ecological Analysis and Design Report (see Exhibit G), there are no documented rare plants, wetlands, stream corridors, riparian habitat areas, or prominent topographic features such as ridgelines or rock outcrops. The 2010 analysis remains applicable as the on-site conditions are unchanged since that time. Further, there is no documented habitat for rare animal species. This industrial landscape does not support rare plant or animal species. The site is nearly flat, being devoid of topographic features. There are no identified wetlands. Lastly, the site does not include a Metro Plan Natural Resources designation. The City's Goal 5 analysis identified the adjacent Willamette River as a "significant riparian corridor". This designation resulted in the application of the /WR overlay zone. As reviewed in (1)(a), above, the /WR Conservation area does not affect the tentative subdivision because of the "prior developed area" exemption. That zone and the resultant setback affect the City-owned riverfront park site, which is not part of the tentative subdivision. It is addressed in the Standards Review (see Approval Criteria and Standards, Section 2.6). Based on the above findings, this criterion is met. (b) Tree Preservation. The proposed project shall be designed and sited to preserve significant trees to the greatest degree attainable or feasible, with trees having the following characteristics given the highest priority for preservation: 1. Healthy trees that have a reasonable chance of survival considering the base zone or special area zone designation and other applicable approval criteria; 2. Trees located within vegetated corridors and stands rather than individual isolated trees subject to windthrow; 3. Trees that fulfill a screening function, provide relief from glare, or shade expansive areas of pavement; 4. Trees that provide a buffer between potentially incompatible land uses; 5. Trees located along the perimeter of the lot(s) and within building setback areas; 6. Trees and stands of trees located along ridgelines and within view corridors; City of Eugene FINAL SUBMITTAL 70 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 April 19, 2019 7. Trees with significant habitat value; 8. Trees adjacent to public parks, open space and streets. 9. Trees along water features. 10. Heritage trees. The site was formerly developed with buildings, paved and gravel parking lots, and industrial maintenance yards. Currently, there are no trees on the site. Also, the tentative subdivision will not affect the street trees on East 4th Avenue or High Street. This criterion is not applicable. (c) Restoration or Replacement. 1. For areas not included on the city's acknowledged Goal 5 inventory, the proposal mitigates, to the greatest degree attainable or feasible, the loss of significant natural features described in criteria (a) and (b) above, through the restoration or replacement of natural features such as: a. Planting of replacement trees within common areas; or b. Re-vegetation of slopes, ridgelines, and stream corridors; or c. Restoration of fish and wildlife habitat, native plant habitat, wetland areas, and riparian vegetation. To the extent applicable, restoration or replacement shall be in compliance with the planting and replacement standards of EC 6.320. 2. For areas included on the city's acknowledged Goal 5 inventory, any loss of natural features shall be consistent with the acknowledged level of protection provided for the resource. The site is not included on the City's acknowledged Goal 5 inventory. As stated in (a) and (b) above, the natural features listed above did not exist on the site. Therefore, restoration or replacement is not required. The subdivision will facilitate future site development. Trees are included in the construction of streets, parks, plazas, and stormwater facilities. The end result will be a significant increase in landscape materials on the site today. Based on the above findings, this criterion is met. (d) Street Trees. If the proposal includes removal of any street tree(s), removal of those street tree(s) has been approved, or approved with conditions according to the process at EC 6.305 of this code. There are street trees on East 4th Avenue and High Street planted adjacent to the subject site. The tentative subdivision does not propose removal of the street trees. This criterion is not applicable. (8) On R-1 zoned property, if the subdivision results in a lot greater than 13,500 square feet in size based on EC 9.2761(5)(b), the application shall indicate the location of lot lines and other details of layout that show future division of the lot may be made without violating the requirements of this land use code City of Eugene FINAL SUBMITTAL 71 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 19,2019 and without interfering with the orderly extension of adjacent streets, bicycle paths, and accessways. If the planning director deems it necessary for the purpose of future land division, any restriction of buildings within future street, bicycle path, and accessway locations shall be made a matter of record in the tentative plan approval. The proposed Tentative Subdivision is taking place on property zoned Special Area Zone, Downtown Riverfront (S-DR). This criterion is not applicable. (9) As far as is practicable, lot side lines shall run at right angles to the street upon which the lots face, except that on curved streets they shall be radial to the curve. The majority of proposed lots run at right angles to the streets upon which they face, and others are nearly right angles, as far as is practicable. The downtown riverfront site has unusual geography caused by the adjacent arc of the Willamette River on the east and the railroad to the west. These two features disrupt the rectilinear street grid that runs throughout downtown Eugene. Extensions of existing streets - East 5th Avenue, Mill and Ferry Streets - reestablish the grid and enable lots with right angles. Lots 13, 14, 15, and 16 are generally arranged at right-angles, but the eastern lots will face onto the park while the western lots orient to Local Road 3 or the cross streets of Ferry Street, Local Road 1, and Local Road 2. In all cases, the resultant lots are arranged to run at right angles to public streets or accesses or allow future development on those lots to orient at right angles to the public street or accesses. Based on the findings above, the criterion is met. (10) The proposed subdivision complies with all of the following: (a) EC 9.6706 Development in Flood Plains through EC 9.6709 Special Flood Hazard Areas - Standards. These standards do not apply because the subject property is not located within a special flood hazard area as mapped by the Federal Emergency Management Agency (FEMA). According to the Flood Insurance Rate Maps (FIRM) No. 41039C-1137-F, dated June 2, 1999, portions of the site nearest the Willamette River are in Zone X (see Exhibit L). This classification in this location means the area is within the 500-year floodplain, but it is beyond the Special Flood Hazard area. The classification recognizes the area is protected by levees from the 100-year flood event, and it results in a reduced risk from the 100-year flood event of less than 1-foot in depth. (b) EC 9.6710 Geological and Geotechnical Analysis. The site analysis has been conducted in compliance with the requirements of EC 9.6710. As per subsection EC 9.6710(2)(b), such an analysis is required of all developments that will construct and dedicate public streets and alleys, drainage systems, and wastewater sewers. The downtown riverfront development will construct and dedicate each of these public infrastructure systems, thereby initiating the requirement to conduct an analysis. The tentative subdivision is relatively flat, lacking any slopes that are greater than 10%. As per subsection EC 9.6710(5), a Level 1 analysis is required of all development sites with slopes less than 10% that include construction of public improvements, as is the case within the tentative subdivision project boundary. The analysis is included as Exhibit I to the overall document. (c) EC 9.6730 Pedestrian Circulation On-Site. City of Eugene FINAL SUBMITTAL 72 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 April 19, 2019 The pedestrian circulation standards are intended to create safe and efficient routes within a site. The subdivision will result in 17 lots and new public streets. The downtown riverfront is envisioned as a walkable, urban neighborhood with buildings oriented to public streets or parkland, thereby creating a public realm that is safe and efficient for pedestrians. The S-DR zone includes street sections and design standards that indicate how streets, sidewalks, and accessways will be designed. The S-DR zone provides an exemption to EC 9.6730(3)(c). Future development will be subject to all other pedestrian circulation standards for the S-DR zone at the time of building permit review. This criterion is met. (d) EC 9.6735 Public Access Required. All lots in the subdivision have access to existing or proposed public rights-of-way. This is accomplished through the creation of a public street network within the site. Access is provided to Lots 14 and 16 via an access easement that connects to public rights-of-way (i.e., Local Road 1 and 2) on both ends. Access is provided in a similar manner for the future townhome lots between Mill Street and Mill Alley on Lots 2, 3, and 4. The public street network and access easements are shown in Exhibit B.2 on Sheets C6.0 and C6.1, Street Plan. Therefore, all future buildings or structures on the created lots will have legal access as describe in EC 9.6735. Based on these findings, this criterion is met. (e) EC 9.6750 Special Setback Standards. There are no special setback standards within the project site boundary. This criterion is not applicable. (f) EC 9.6775 Underground Utilities. The subdivision places all new on-site utilities underground concurrent with the planned development to occur within 12 months, unless otherwise exempt pursuant to this provision. The proposal complies with this criterion. (g) EC 9.6780 Vision Clearance Area. The Street Plan (see Sheet C6.0 and C6.1) include notes that describe the required Vision Clearance Areas (VCA) and its application at each proposed street intersection. The subdivision does not include any visual obstructions within the vision clearance area. Tree street placement will be undertaken through collaboration with the City's Urban Forestry staff at the time of public improvement permitting. Tree placement will not infringe upon the clear zones required by the VCA. This criterion is met and will be further enforced at the time of development. (h) EC 9.6791 through 9.6797 regarding stormwater flood control, quality, flow control for headwaters area, oil control, source control, easements, and operation and maintenance. EC 9.6791 through 9.6797 comprises the stormwater standards required for development of all sites within the City. The standards are necessary to fulfill the general purpose of the land use code and to satisfy the requirements set forth in the City of Eugene's federal National Pollutant Discharge Elevation System (NPDES) Municipal Separate Storm Sewer System (MS4) permit. The following findings address conformance with all applicable standards. The findings are based upon the tentative subdivision plans (see Exhibit B.2) and stormwater memo from KPFF, dated March 2019 in Exhibit J. City of Eugene FINAL SUBMITTAL 73 DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 April 19, 2019 The standards in EC 9.6791(3) apply to all development permit applications and land use applications. The development is a proposed 17 lot subdivision of approximately 16 acres within the City of Eugene. Proposed subdivisions require tentative subdivision plan approval. Tentative subdivision plans are defined as a Type II land use application per EC section 9.7205 and Table 9.7205. Therefore, the standards in EC 9.6791(3) are applicable to this land use application. The standards for stormwater flood control do not apply to development permit applications where the development will be served by a flood control facility that is a manmade drainage system designed to accommodate the runoff generated by the basin area. The development site is served by a manmade drainage system that was designed to accommodate the stormwater runoff generated by the stormwater basing area. However, the proposal here is a land use application and not a development permit. (3) Standards. (a) Stormwater flood control facilities shall be designed and constructed according to adopted plans and policies, and in accordance with standards in EC Chapters 6 and 7, and the stormwater flood control provisions and the facility design requirements set forth in the Stormwater Management Manual. This standard requires that all flood control facilities are designed and constructed according to adopted plans, policies, provisions, and standards. The development is proposing to design and construct a system of publicly owned and operated stormwater pipes and water quality facilities to serve all streets and lots in the subdivisions. Sheets C5.0 and C5.1 of the subdivision plans (see Exhibit B.2) show the proposed stormwater piping systems in the proposed public rights of way and proposed public easement areas. The conceptual piping systems and water quality facilities are designed and sized in conformance with the Public Improvement Design Standard Manual (latest edition) and the Stormwater Management Manual (latest edition). The proposed stormwater pipes connect to existing public stormwater pipes with the capacity to serve the development site in accordance with City design standards. A discussion and verification of stormwater service capacity can be found in section EC 9.6791(3)(b) below. The site bisects 2 existing planned stormwater sub basins. The southern portion of the site is served by the existing mill race drainage pipes (existing 60" concrete pipe leading to City of Eugene stormwater outfall node 65028) and the northern portion of the site is served by the existing 36 inch stormwater pipe that outfalls to the east of the existing EWEB headquarters building (City of Eugene stormwater outfall node 65027). The points of connection are consistent with adopted Stormwater Basin Master Plans (Willamette River Basin, Volume 6 of 7). The adopted stormwater master plans did not identify any existing or future capacity deficiencies. The percentage of proposed impervious areas allowed under the S-DR zone is consistent with the existing high level of impervious areas from the prior industrial uses. All public streets are curbed to collect and control stormwater to appropriate drainage facilities and structures. The stormwater system is extended to all lots in the subdivision for service. All conveyance piping and water quality facilities will be designed and constructed in conformance with applicable, codes, polices and standards. Therefore, the development is consistent with this standard. (b) Based on the Rational Method flow calculation, stormwater runoff from the development site for the flood control design storm shall be: City of Eugene FINAL SUBMITTAL 74