HomeMy WebLinkAboutApplication MaterialsLAW OFFICE OF BILL KLOOS PC
OREGON LAND USE LAW
375 W. 4TH AVENUE, SUITE 204
EUGENE, OR 97401
TEL: 541.954.1260
WEB: WWW.LANDUSEOREGON.COM
BILL KLOOS
July 14, 2026
Terri Harding, Planning Director
Eugene Planning and Development
Permit and Information Center
99 E. Broadway
Eugene, OR 97401
Attn: Reid Verner, Land Use Supervisor
Re: Request for Zone Verification Letter – Former Hyundai/Hynix Semiconductor Campus,
1830 Willow Creek Circle, E-1 Campus Employment Zone
Assessor Map: 18-04-04-20, TLs 400, 500, 1200, 1300, 1400
Dear Terri:
This is a request for a zone verification letter on behalf of my client, which has the former
Hyundai/Hynix semiconductor campus located at 1830 Willow Creek Circle under contract. The
Property is zoned E-1 Campus Employment. My client’s intent is to redevelop, reuse, and market
the Property for one or more uses permitted in the E-1 zone, including Data Center Use,
Manufacturing, Research and Development, Advanced Manufacturing, Warehousing,
Office Uses, and customary accessory and support uses associated with those uses.
EC 9.1080, Zone Verification, allows the Director to determine whether specific uses are
allowed in the E-1 zone. It provides:
Zone verification is used by the city to evaluate whether a proposed building or
land use activity would be a permitted use or be subject to land use application
approval or special standards applicable to the category of use and the zone of the
subject property. The city may use zone verification as part of the review for a
land use application or development permit, or where required by this land use
code. As part of the zone verification, the planning and development director shall
determine whether uses not specifically identified on the allowed use list for that
zone are permitted, permitted subject to an approved conditional use permit or
other land use permit, or prohibited, or whether a land use review is required due
to the characteristics of the development site or the proposed site. This
determination shall be based on the requirements applicable to the zone,
applicable standards, and on the operating characteristics of the proposed use,
building bulk and size, parking demand, and traffic generation. Requests for zone
verification shall be submitted on a form approved by the city manager and be
accompanied by a fee pursuant to EC Chapter 2.
A general discussion follows on the history and current status of the Property. That background
is provided for context. This request seeks both: (1) confirmation of the applicable zoning and
Terri Harding
July 14, 2026
Page 2
overlays for the Property; and (2) use-classification determinations under EC 9.1080 that the
Requested Uses described below are permitted uses in the E-1 zone, whether as expressly listed
permitted uses or as uses properly classified within the E-1 permitted use categories. The
requested determinations are subject to generally applicable development standards, overlay-
zone standards, and separate building, fire, utility, environmental, and operational permits that
may apply to particular improvements or equipment.
Property Background:
The former Hyundai/Hynix semiconductor manufacturing facility was originally constructed in
the mid-1990s. The facility began operating in approximately 1998 and historically
manufactured memory chips until approximately 2008. Since semiconductor manufacturing
operations ceased, the campus has remained improved with substantial existing industrial, office,
utility, fire/life-safety, and other infrastructure and has continued to be maintained under
applicable building, fire, utility, and environmental permits.
Existing Site Conditions:
The site is located at 1830 Willow Creek Circle on an approximately 200-acre campus, of which
120 gross acres is developable as presently vacant and serviced land.
The existing industrial facility consists of approximately 1.2 million sq ft., including an
approximately 850,000 sq ft fabrication facility and approximately 122,000 sq ft “clean room.”
The facility also incorporates an approximately 122,000 sq ft utility building and an
approximately 118,000 sq ft administrative office building.
The site is zoned E-1 Campus Employment. The “Purpose of E-1 Campus Employment Zone”
stated at EC 9.2400 is:
“The purpose of the E-1 Campus Employment zone is to implement the Campus
Industrial designation of the comprehensive plan by providing large areas for a variety of
light industrial and office-based scientific, medical, research and development, or other
professional firms to locate in a campus-like setting. In general, this zone is designed for
firms that will help achieve economic diversification objectives and that typically have a
large number of employees per acre. The activities of such firms do not generate
offensive external impacts and usually do not tolerate substantial noise, pollution, or
vibration from surrounding uses. The “campus” setting is characterized by enhanced
landscaping, pedestrian amenities, and unique architectural design. Provision is also
made for small-scale complementary commercial uses that primarily serve employees in
the area and are preferably part of a mixed-use development.”
The above purpose statement supports classification of the Requested Uses as campus-scale
technology, manufacturing, research, office, data-processing, and support uses of the type
contemplated by the E-1 zone.
Terri Harding
July 14, 2026
Page 3
The E-1 zone is a broad and flexible zone for potential reuse of the existing campus and future
development. For purposes of this request, the most directly relevant E-1 permitted use
categories include the following:
Accessory Uses
• Accessory Uses incidental to the primary use on the site.
Information Technology Services
• Computer Networking, including services and technical support center.
• E-commerce, including call centers, online sales and shipping, and business-
to-business services.
• Internet and Web Site, including services and technical support center.
• Software Development, including services and technical support center.
Manufacturing
Manufacturing, including processing, assembling, packaging, and repairing, including
without limitation:
• Chemical, Drug, Cosmetics, and Related Products.
• Electronic and Communication Components, Systems, Equipment, and
Supplies, including computers and semi-conductors.
• Measuring, analyzing, and controlling instruments and time pieces.
• Photographic and Copying Equipment.
• Precision Testing, Medical, Optical, Surgical, and Dental Goods.
Office Uses
• Administrative, General, and Professional Offices.
• Scientific and Educational Research Center.
Trade
• Wholesale, Warehousing, and Distribution.
Utilities and Communication
• Electrical Substation, subject to applicable standards.
Motor Vehicle Related Uses
• Parking Area not directly related to a primary use on the same development
site.
• Structured Parking, two levels not directly related to a primary use on the
same development site.
• Structured Parking, three or more levels not directly related to a primary use
on the same development site.
Proposed Uses and Classification
Terri Harding
July 14, 2026
Page 4
My client requests confirmation that the following uses are permitted in the E-1 zone, whether as
expressly listed permitted uses or as uses properly classified within the E-1 permitted use
categories:
• Data Center. For purposes of this request, “Data Center” means a facility used primarily
for the operation of computer servers, network equipment, data storage systems,
telecommunications/fiber infrastructure, cloud-computing infrastructure, artificial-
intelligence or high-performance computing infrastructure, and related information-
technology systems used to store, process, manage, transmit, exchange, and secure digital
information.
EC 9.1080 provides that zone verification is used to determine whether a proposed
building or land use activity “would be a permitted use or be subject to land use
application approval or special standards applicable to the category of use and the zone of
the subject property.” For uses not specifically identified on the allowed-use list, EC
9.1080 directs the Planning and Development Director to determine whether the use is
permitted, conditionally permitted, prohibited, or subject to land use review based on “the
requirements applicable to the zone, applicable standards, and on the operating
characteristics of the proposed use, building bulk and size, parking demand, and traffic
generation.”
Under that standard, Data Centers are best understood as Information Technology
Services uses, not as sui generis industrial or utility uses. Table EC 9.2450 permits
Information Technology Services uses in the E-1 zone, including Computer Networking,
Internet and Web Site, Software Development, and E-commerce, including business-to-
business services and related technical-support functions. A modern data center is the
physical infrastructure through which those information-technology services are
delivered. Its core function is to operate servers, network systems, storage systems,
telecommunications/fiber infrastructure, cloud-computing systems, and related platforms
that process, store, manage, transmit, exchange, and secure digital information for
enterprise, cloud, colocation, managed-services, cybersecurity, artificial-intelligence,
high-performance computing, and other business-to-business technology users. Those
activities are squarely within the computer networking, internet/web, software, e-
commerce, and technical-support activities listed as permitted E-1 Information
Technology Services uses.
This classification is also consistent with the structure and purpose of the E-1 zone. EC
9.2400 describes the E-1 Campus Employment Zone as providing large areas for “light
industrial and office-based scientific, medical, research and development, or other
professional firms to locate in a campus-like setting.” The E-1 zone is therefore intended
to accommodate campus-scale, technology-oriented uses that combine office, technical,
research, light industrial, and support functions in a planned setting. Data Centers fit that
purpose. They are technology-based campus uses with limited general-public access,
substantial investment in specialized information-technology infrastructure, and operating
characteristics more closely aligned with computer networking, internet/web services,
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July 14, 2026
Page 5
cloud computing, business-to-business technology services, and technical operations than
with retail, heavy industrial, or general utility uses.
The fact that “data center” is not separately named in Table EC 9.2450 does not change
that conclusion. EC 9.1080 expressly contemplates classification of uses that are not
specifically identified on the allowed-use list based on the applicable zone requirements
and the proposed use’s operating characteristics, building bulk and size, parking demand,
and traffic generation. The defining operating characteristic of Data Centers is the
provision of information-technology services through computer, network, storage,
internet, cloud, and telecommunications systems. Accordingly, Data Centers are properly
classified as permitted E-1 Information Technology Services uses under EC 9.1080 and
Table EC 9.2450.
Accordingly, although “data center” is not separately listed in Table EC 9.2450, the Data
Center Use described above is properly classified as a permitted E-1 Information
Technology Services use under EC 9.1080 and Table EC 9.2450.
• Manufacturing. Manufacturing uses, including processing, assembling, packaging,
repairing, fabrication, production, and related support activities, are permitted in the E-1
zone under the listed Manufacturing use category. This includes, without limitation,
manufacturing of electronic and communication components, systems, equipment, and
supplies, including computers and semi-conductors; measuring, analyzing, and
controlling instruments; precision testing and similar goods; and other manufacturing
uses listed as permitted in the E-1 zone.
• Research and Development. Research and development uses, including scientific,
engineering, technical, product-development, prototype, testing, laboratory, and related
office and support functions, are permitted in the E-1 zone under the Office Uses
category, including Scientific and Educational Research Center, and are also consistent
with the E-1 purpose statement’s reference to office-based scientific, medical, research
and development, and other professional firms.
• Advanced Manufacturing. For purposes of this request, “Advanced Manufacturing”
means manufacturing, fabrication, assembly, testing, packaging, processing, prototyping,
pilot production, product development, research and development, engineering,
laboratory, clean-room, quality-control, and related office and technical-support activities
involving technology-intensive products or processes, including electronics,
semiconductors, computers, communications equipment, precision instruments, medical,
optical, surgical, dental, testing, analytical, or similar products. Advanced Manufacturing
is properly classified within the E-1 zone’s permitted Manufacturing, Office Uses,
Scientific and Educational Research Center, and accessory/support use categories.
• Warehousing. Warehousing uses, including storage, staging, inventory management,
shipping, receiving, distribution, logistics, and related loading and service functions, are
Terri Harding
July 14, 2026
Page 6
permitted in the E-1 zone under the Trade category for Wholesale, Warehousing, and
Distribution.
• Office. Office uses, including administrative, general, professional, corporate,
engineering, technical, operations, management, sales, research, and support office
functions, are permitted in the E-1 zone under the Office Uses category for
Administrative, General, and Professional Offices and Scientific and Educational
Research Center
The Requested Uses may occur independently or in combination on the Property, including as
part of a single-user or multi-tenant campus. For example, a future user may combine data
center, research and development, advanced manufacturing, office, clean-room, testing, data
processing, warehousing, distribution, and related support functions within the same building or
campus. That combined-use scenario should be treated as permitted so long as each component
is a permitted use or is accessory or supportive to a permitted use.
The Requested Uses include customary incidental and accessory support functions and
infrastructure ordinarily associated with such uses.
Based on the foregoing, my client requests that the City confirm the following:
1. The Property is zoned E-1 Campus Employment.
2. Data Center Use, as defined in this letter, is a permitted use in the E-1 zone under the
Information Technology Services category, including Computer Networking, Internet and
Web Site, Software Development, and/or E-commerce/business-to-business services
3. Manufacturing, Advanced Manufacturing, Research and Development, Warehousing,
and Office Uses, as described in this letter, are permitted uses in the E-1 zone under the
Manufacturing, Office Uses, Scientific and Educational Research Center, and/or
Wholesale, Warehousing, and Distribution use categories.
4. The uses described in this letter may occur independently or in combination on the
Property, including as part of a single-user or multi-tenant campus, with customary
accessory and support functions such as technical support areas, laboratories or clean-
room areas, network operations, equipment rooms, mechanical/electrical/cooling
systems, backup power, telecommunications/fiber equipment, storage, maintenance,
loading, parking, and related utility and life-safety infrastructure, subject to applicable
development, overlay, building, fire, utility, environmental, and operational permit
requirements.
5. None of the uses described in this letter requires a conditional use permit or other
discretionary land use approval to allow for the proposed use(s).
Terri Harding
July 14, 2026
Page 7
Thank you for your assistance with this request.
Sincerely,
Bill Kloos
Bill Kloos
CC: Alissa Hunter, Exec. Director, Eugene Planning and Development
Reid Verner
Jeff Gepper
Client