Hearings Official Public Hearings

AGENDA Phone: 541-682-5481 Meeting Location: www.eugene-or.gov/406/hearings-official Virtual Meeting (Via Zoom) The Eugene Hearings Official welcomes your interest in these agenda items. In response to COVID-19, the Permit and Information Center remains closed to the public at this time. Information about online or other options for access and participation is available on the next page of this agenda. For the hearing impaired, assistive-listening devices or an interpreter can be provided with 72- hour notice prior to the meeting. Spanish-language interpretation may also be provided with 72- hour notice. These services may not be available during the meeting, but may occur as a follow up service. To arrange for these services, contact the Planning Division at 541-682-5675. WEDNESDAY, January 19, 2022 – Public Hearing 5:00 pm Hearing Official: Virginia Gustafson Lucker I. PUBLIC HEARING: UO INDOOR FOOTBALL PRACTICE FACILITY (WG 21-3) Description: Willamette Greenway request to construct a new Indoor Football Practice Facility within the Autzen Stadium Complex. File Name (#): UO Indoor Football Practice Facility (WG 21-3) Location: 2727 Leo Harris Parkway Assessor’s Map / Tax Lot: 17-03-29-40 / 00301 Applicant’s Representative: Colin McArthur, Cameron McCarthy ET AL Lead City Staff: Nicholas Gioello, Associate Planner 541-682-5453, NGioello@eugene-or.gov II. PUBLIC HEARING: BILL MCINTYRE (Z 21-8) Description: Zone Change request to remove the /PD Planned Unit Development Overlay. The base zone of /GO General Office is proposed to be retained. File Name (#): BILL MCINTYRE (Z 21-8) Location: 2995 Hilyard Street Assessor’s Map / Tax Lot: 18-03-08-21 / 04600 & 04601 Applicant’s Representative: Anthony Favreau, The Favreau Group Lead City Staff: Althea Sullivan, Senior Planner Page 1 of 26 541-682-5485, ASullivan@eugene-or.gov PUBLIC HEARING FORMAT 1. Staff introduction/presentation 2. Public testimony from applicant. 3. Testimony from the public. Due to the virtual meeting platform, the order of speakers will be based on order that persons request to speak (raise virtual hand), as opposed to the order specified under EC 9.7625. For this reason, each person providing comment will be asked to state whether they are in support, neutral, or in opposition to the application. 4. Staff response to testimony. 5. Questions from Hearings Official. 6. Rebuttal testimony from applicant. 7. Closing of public hearing. The Hearings Official will not make a decision at this hearing. The Eugene Code requires that a written decision must be made within 15 days of close of the public comment period. To be notified of the Hearings Official’s decision, state your name and address during the public testimony portion of the public hearing or contact the lead City staff noted above. The decision will also be posted at https://www.eugene-or.gov/406/Hearings-Official. HOW TO ACCESS THE MEETING To be able to participate in Public Comment join using one of the two following options: 1. Join on your computer, tablet or smartphone Visit: https://zoom.us/j/89276163833 Sign up to speak by clicking once on the “raise hand” icon 2. Join on your phone Dial one of the below numbers and enter the Webinar ID: 892 7616 3833 +1 833-548-0276 (Toll Free); or +1 833-548-0282 (Toll Free); or +1 877-853-5257 (Toll Free); or +1 888-475-4499 (Toll Free); For higher quality, dial a number based on your current location. International numbers available: https://zoom.us/u/adOYOpL5aB Sign up to speak by dialing *9 (Star-9) Page 2 of 26  The Atrium Building 99 West 10th Avenue, Eugene, Oregon 97401 Phone: 541.682.5377 | Fax: 541.682.5572 www.eugene-or.gov/planning PUBLIC HEARING STAFF REPORT Willamette Greenway Permit File Name (Numbers): UO Indoor Football Practice Facility (WG 21-3) Owner/ Applicant: University of Oregon Applicant’s Representative: Colin McArthur, AICP Cameron McCarthy Architecture and Planning Lead City Staff: Nicholas Gioello, Associate Planner, Phone: 541-682-5453 | Email: NGioello@eugene-or.gov Relevant Dates: Application Submitted: October 15, 2021 Deemed Complete: November 12, 2021 Public Hearing: January 19, 2022 Subject Property Location: 2727 Leo Harris Parkway, south side of Martin Luther King Jr. Boulevard, Autzen Stadium Complex Map No. / Tax Lot: Portion of 17-03-29-40 / 00301 Zoning: PL Public Land and /WR Water Resource Conservation Overlay Application Summary The applicant intends to construct a new 130,000 square foot indoor football practice facility to replace the existing outdoor football practice facility. The proposal is in accordance with the permitted uses of the PL Public Lands zone and within the Willamette Greenway. Based on the findings enclosed within this staff report, staff recommends the Willamette Greenway Permit be conditionally approved. Purpose of the Staff Report Staff reports provide community members an opportunity to learn more about the land use request and to review staff analysis of the application. Per Eugene Code (EC) 9.7320, staff reports are available seven days prior to the public hearing. The staff report provides only preliminary recommendations and information. The Hearings Official will also consider additional public testimony and other materials presented at the public hearing before making a decision on the application. The Hearings Official’s written decision on the application is Staff Report UO Indoor Football Practice Facility | WG 21-3 Page 3 of 26 generally made within 15 days following close of the public record, following the public hearing (see EC 9.7330). For reference, the applicable quasi-judicial hearing procedures are described at EC 9.7065 through EC 9.7095. Eugene Hearings Official’s Role The Eugene Hearings Official serves our community in a “quasi-judicial” (judge-like) role to make decisions on individual land use applications in the context of Eugene’s Land Use Code. The first step is a public hearing, during which the Hearings Official will have an opportunity to hear from any interested parties who wish to provide testimony, including new evidence. Following the hearing, the Hearings Official will consider the testimony and evidence before making a decision. The Hearings Official’s written decision on the application is generally made within 15 days following close of the public record, following the public hearing (see EC 9.7330). For reference, the quasi-judicial hearing procedures applicable to this request are described at EC 9.7065 through EC 9.7095. Staff’s Role City of Eugene Planning staff will be present at the public hearing to assist the Hearings Official. Staff may provide advice and recommendations based on their professional expertise and familiarity with the application and record of materials to date; the Hearings Official may choose whether or not to follow staff’s recommendations at his or her discretion. Staff also serve as a contact for applicants, neighbors, and other interested parties. In this role, staff often hear from the people who may be directly impacted by a particular project or decision. When issues are raised, staff work to help people better understand how to frame an issue in terms of the approval criteria. Staff listen carefully to all issues, seek to fully understand the issues and impacts of land use applications, and attempt to provide the best service possible to everyone involved. While all issues are important, staff also make every effort to help our community understand that all land use decisions must be made based on the approval criteria located in the Eugene Code and our community’s adopted plans and policies. Subject Property & Vicinity The subject property is an approximately 3.5-acre (152,460 square feet) portion of Tax Lot 301. The property is zoned PL Public Land and /WR Water Resource Conservation overlay. The property is located within the boundaries of Willakenzie Area Plan, specifically in the South Region and the Alton Baker Subarea. The property is located on the south side of Martin Luther King Jr. Boulevard and east and north side of Leo Harris Parkway. The property is currently developed with the Autzen Stadium Complex, which includes Autzen Stadium, PK Park, Pape Field, Len Casanova Athletic Center, Moshofsky Athletic Center, Hatfield-Dowlin Complex and three outdoor playfields (Bob Kilkenny Field, Stephanie Kilkenny Field, and Bob Wilcox Family Field). The new indoor football facility is proposed west of the Hatfield-Dowlin Complex, replacing the three existing outdoor playfields. Properties to north of the subject property are zoned PL Public Land and R-4 High-Density Residential; to the east R-4 High-Density Residential; to the south PL Public Land; and to the Staff Report UO Indoor Football Practice Facility | WG 21-3 Page 4 of 26 west R-1 Low-Density Residential. For ease of reference, a map of the subject site is included as Attachment A. The Autzen Stadium Complex is the subject of six prior Willamette Greenway Permit approvals as follows • Moshofsky Center and outdoor athletic fields (WG 96-4) • Autzen Stadium expansion (WG 01-1) • Phase I of PK Park (WG 08-02) • Phase II of PK Park (WG 08-03) • Soccer/Lacrosse Complex (Pape Field) (WG 10-04) • Casanova Center Extension (Hatfield-Dowlin Complex) (WG 10-05) The subject property is developed with the above described Autzen Stadium Complex, which includes football and baseball stadiums, athletic fields, athletic buildings and associated parking areas. There are no undeveloped portions of the site. The site is within the Willamette Greenway boundary, but is approximately 2,000 feet from the Willamette River. The subject property is mostly developed, it does not contain or support high quality riparian habitat. The eastern portion of the site abuts the Patterson Slough, approximately 2,000 feet from the location of the proposed practice facility. The adopted Eugene Goal 5 Water Resources Conservation Plan identifies Patterson Slough as both a “Wetland Designated for Protection” and “Riparian Corridor Designated for Protection” (Goal 5 Water Resource Conservation Plan, Section IV, Map 13). Resource site E42-B is associated with the Patterson Slough riparian corridor. Resource sites WKZ-IA and WKZ-1B are associated with Patterson Slough wetlands. A Wetland Delineation report for wetlands in Patterson Slough was submitted with the prior Willamette Greenway application (WG 01-1). Current Request The applicant proposes to construct a new Indoor Football Practice Facility on University-owned property within the Autzen Stadium Complex site. Proposed improvements include: Indoor Football Practice Facility; landscape and pedestrian improvements; a weight room expansion to the east that connects to the existing weight room in the Hatfield-Dowlin Complex; and associated site infrastructure. The new proposed practice facility is 130,000 square feet in size and replaces existing outdoor practice fields. A proposed 40,000 square foot connector building will connect the practice facility with the existing football operations building (Hatfield-Dowlin Complex). The applicant’s conceptual site plan is included as Attachment B. The proposal is a Type III application process (see EC 9.8005 and EC 9.7300—9.7340). As addressed in the following evaluation, the Willamette Greenway Permit is subject to the approval criteria at EC 9.8815. Staff Report UO Indoor Football Practice Facility | WG 21-3 Page 5 of 26 Timing, Notice, Referral Comments, Schedule and Testimony Application Submitted October 15, 2021 Application Deemed Complete November 12, 2021 Timeline Public Notice (per EC 9.7315) December 16, 2021 Public Hearing January 19, 2022 Public Notice and Referrals Public notice was provided in accordance with the requirements of Eugene’s Land Use Code. The Planning Division also provided information concerning the application to appropriate City departments, public agencies, neighborhood organization, and service providers. All referral comments received by the Planning Division on this application are included in the application file for reference. The substance of any relevant referral comments is addressed in the context of applicable approval criteria and standards in the following evaluation. Public Hearing Schedule Per EC 9.7310, a public hearing must be held within 60 days of the application being deemed complete, unless the applicant agrees to a longer time period. In this case, to accommodate the December holidays, the applicant agreed to hold the public hearing on January 19, 2022, 68 days after the application was deemed complete. Testimony As of the publication of this report, no testimony has been received regarding this proposal. If any written testimony is received prior to the public hearing, it will be provided to the Hearings Official for consideration as part of the record. Willamette Greenway Evaluation The Hearings Official will review the application for a Willamette Greenway Permit and consider relevant evidence and testimony as to whether the proposal is consistent with the applicable criteria required for approval, shown below in bold typeface. To assist the Hearings Official in making a decision on this request, staff’s findings in response to each of the criteria are provided below. EC 9.8815(1): To the greatest degree possible, the intensification, change of use, or development will provide the maximum possible landscaped area, open space, or vegetation between the activity and the river. The development site is located on the eastern portion of the Autzen stadium complex, over 1/3-mile (approximately 2,000 feet) from the banks of the Willamette River. The site is separated from the Willamette River by the 375-acre Alton Baker Park, a City-owned park, which provides open space and significant vegetation between the subject property and the Willamette River. The applicant’s site plan shows that the development is proposed in an area Staff Report UO Indoor Football Practice Facility | WG 21-3 Page 6 of 26 currently occupied by athletic fields used by the University of Oregon soccer, lacrosse, and football teams. The area south of the proposed development site and north of Alton Baker Park is currently developed with the Moshofsky Center, a surface parking lot, associated landscaping, and Leo Harris Parkway. It is also noted that there are significant amounts of natural vegetation along the Patterson Slough located east of the proposed development and the Canoe Canal located south of the site and south side of Leo Harris Parkway, both of which are Goal 5 Riparian areas. The Canoe Canal is approximately 75 feet from the property at its closest point and a 40-foot protective setback extends into Leo Harris Parkway at this point. The property and the proposed area of development are outside of this protective setback and will have no impact on the protected area. Both the Patterson Slough and Canoe Canal are not considered part of the Willamette River for the purposes of obtaining a Willamette Greenway Permit. The proposed project includes an enclosed Indoor Football Practice Facility with landscaping and pedestrian improvements. Also included is a weight room expansion to the east that connects to the existing weight room through the Hatfield-Dowlin Complex. The proposed landscaping will provide additional vegetation to the site. Because of the substantial distance (approximately 2,000 feet) between the Willamette River and the proposed project, there will be minimal, if any, impact on the river's scenic qualities due to the existing expanse of vegetation and open space within Alton Baker Park. The applicant’s site plans also show that none of the proposed development will affect existing vegetation surrounding Patterson Slough to the east and Canoe Canal to the south and west. Given this information, the proposal will continue to provide the maximum possible landscaped area, open space, and vegetation located between the site and the Willamette River. Based on the available evidence and the above findings, this criterion is met. EC 9.8815(2): To the greatest possible degree, necessary and adequate public access will be provided along the river by appropriate legal means. The proposed project will not have any impact on public access to and along the river. As noted by the applicant, the site has no physical frontage on the river and is separated from the river by Alton Baker Park. Necessary and adequate access from the Autzen Stadium Complex and the proposed practice facility to and along the Willamette River is provided by a series of multi- use paths in Alton Baker Park. None of these paths will be relocated or otherwise physically impacted by the proposed development. Based on the available evidence and the above findings, this criterion is met. EC 9.8815(3): The intensification, change of use, or development will conform with applicable Willamette Greenway policies as set forth in the Metro Plan. Pages III-D-4 and 5 of the Metro Plan contain the Willamette Greenway policies. Of these, several policies apply specifically to local government agency services, rather than individual Staff Report UO Indoor Football Practice Facility | WG 21-3 January 2022 Page 7 of 26 property owners and land use. Several other policies refer to situations or conditions which do not apply to the current request. Of the remaining policies, only one is potentially relevant to the subject request: Policy 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 applicant indicates that the proposed project will be compatible with the natural, scenic, and environmental qualities of the Willamette River based on the development area being over 2,000 feet from the Willamette River. The applicant also cites a previous Willamette Greenway Hearings Official decision (WG 01-01), which provided that the Autzen Stadium Complex is not considered part of the Willamette River corridor, due to its omission from the 1985 Willamette Greenway Management Proposal analysis. Staff concurs that the proposed use is compatible with the natural, scenic, and environmental qualities of the Willamette River, based on its distance from the river, and further notes that the development area is also separated from the river by Alton Baker Park. Inasmuch as Patterson Slough is considered a waterway in the context of the policy, the proposed practice football facility located at the far west of the site is separated from the slough by the Hatfield-Dowlin Complex, the Casanova Center, Autzen Stadium, PK Park and Pape Field. The practice football facility is located well away (over 2,000 feet) from the conservation setback adjacent to Patterson Slough. The applicant notes that six previous Willamette Greenway decisions involving the Autzen Stadium Complex have deemed similar uses as compatible. Lastly, the applicant contends that the football practice facility should not be considered “new development” as it is part of a proposed expansion of an existing use. To the extent that the project can be considered new development, the proposal is compatible with both water features due to its distance from the conservation setback boundary, existing development between the project and Patterson Slough, and other site development standards to be addressed upon building permit review. The proposal will not affect natural, scenic, and environmental qualities of the Willamette River corridor. Based on the available evidence and findings above, the proposal is consistent with the applicable Willamette Greenway policy set out in the Metro Plan. Therefore, this criterion is met. EC 9.8815(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 project site is within the boundaries of the Willakenzie Area Plan (WAP), an adopted refinement plan which imposes use management requirements consistent with Statewide Goal 15 (see pages 154-156 of the WAP). The following use management standards (in italic) apply to Staff Report UO Indoor Football Practice Facility | WG 21-3 January 2022 Page 8 of 26 development within the Willamette Greenway in the WAP area, and are followed by preliminary findings: 1. Provisions that all new structures, expansion of existing structures, drives, parking area, or storage areas shall not be permitted within the first 35 feet from the top of the riverbank, unless the location of the floodway boundary requires a greater separation. There are three exceptions to this standard: a. Structures designed solely for recreation use (e.g., a deck or steps leading to the river) and driveways for boat landings and water-related or water- dependent uses are permitted within the 35-foot setback. b. Public improvements, including pedestrian and bicycle trails, public plazas, and similar amenities, but excluding roads and parking areas, are exempt from the setback requirements specified above. c. Structures existing as of the date of adoption of this plan shall be allowed to rebuild at the same distance from the river that they were before destruction by fire, flood or other disaster. This standard does not apply because the subject site is located over 1/3-mile (2,000 feet) away from the top of the riverbank, and the proposal does not include off-site improvements within the vicinity of the 35-foot setback. 2. Provision for public pedestrian and bicycle access along the river. The site is fully developed as the Autzen Stadium complex, located over 1/3-mile from the river and separated from the river by Alton Baker Park. The developed site and proposed facility provide multiple pedestrian and bicycle pathways that lead to a designated crosswalk across Leo Harris Parkway and a footbridge over the Canoe Canal and into Alton Baker Park. Existing multi-use paths and connecting sidewalks within Alton Baker Park provide the required public pedestrian and bicycle access along the river, therefore this standard is met. 3. Provision that the area within the 35-foot setback area may be included in any density calculation of a project. This standard does not apply; as previously noted, the subject site is not located within the vicinity of the 35-foot setback. 4. Continuous building facades and opaque fences or walls exceeding 75 feet in length shall be discouraged within the Greenway to allow for visual access to and from the river. The applicant notes in the written statement that the Hearings Official in the Autzen Stadium expansion decision (WG 01-1) provided an interpretation of this standard, as follows: The stated intent of this provision is to discourage large structures that could obscure views to and from the river. Staff Report UO Indoor Football Practice Facility | WG 21-3 Page 9 of 26 As shown on the applicant’s materials, the Indoor Football Practice Facility is located adjacent to two large structures within the Autzen Stadium Complex, Autzen Stadium itself and the Moshofsky Center. The Indoor Football Practice Facility is approximately 208 feet in height. Per the site plans, the proposed facility is roughly equivalent to the existing height of the Moshofsky Center, and slightly taller than the Hatfield-Dowlin Complex. These structures will obscure the visibility of the new development from offsite so that it is only readily visible from the north and west. The development will not be visible from the south where Alton Baker Park and the Willamette River corridor are located and will not be visible from the east. As proposed, the new facility will be indistinguishable amongst surrounding structures within the Autzen Stadium Complex and will not have a measurable impact on visual access to and from the river. Additionally, the project site will not be visible from any location along the banks of the river itself. Based on the above findings and available evidence, this standard is met. 5. Activities or uses such as open storage of materials shall be discouraged within the greenway. According to the application, consistent with this standard, no activities or uses for open storage of materials are proposed. Any outdoor storage areas, such as trash receptacles, will be subject to screening standards outlined in EC 9.6740 and the landscape standards beginning at EC 9.6200 at the time of building permit review. Also as noted in the applicant’s narrative, an intergovernmental agreement between the City and UO addresses the placement and maintenance of trash receptacles on the site. Based on the above findings and available evidence, this standard is met. 6. Except from small identity and directional signs, business signs shall be oriented away from the river. The applicant’s written statement indicates, and the elevation and perspective drawings confirm, that the proposal does not include any business signs oriented toward the river. Any signs that may be located on the site will be subject to this standard and to sign standards outlined in EC 9.6600 through EC 9.6680 at time of building permit review. Based on the above findings and available evidence, this standard is met. 7. Significant fish and wildlife habitats, as identified in the adopted Natural Resources Special Study, or Metropolitan Plan Natural Assets and Constraints Working Paper shall be protected. Sites subsequently determined to be significant by the Oregon Department of Fish and Wildlife shall also be protected. The Metro Plan Natural Assets and Constraints Working Paper identifies the Willamette River Greenway in Figure J1 and identifies the Willamette River as a fish spawning river. As previously noted, the site is over 2,000 feet from the river. The Metro Plan Natural Assets and Constraints Working Paper does not identify any habitat sites on or near the development site. There are two portions of the Patterson Slough within the Autzen Stadium Complex, bisected by an existing roadway connecting the main parking area to the intersection of Martin Luther King Jr. Boulevard and Kinsrow Avenue. The applicant previously submitted a detailed on-site Staff Report UO Indoor Football Practice Facility | WG 21-3 Page 10 of 26 delineation of wetlands associated with Patterson Slough as part of the prior Greenway application (WG 01-01). As the applicant indicates, the proposed project is located well away (over 2,000 feet) from the /WR Water Resources conservation setback boundary and will not impact wetlands or riparian vegetation associated with the slough. Other than the Patterson Slough, no area within the Autzen Stadium Complex site could be considered significant, and the Oregon Department of Fish and Wildlife (ODFW) has not made any subsequent identifications. Based on the above findings and available evidence, this standard is met. 8. The natural vegetative riparian fringe along the Willamette River, as identified on the Willakenzie Area Plan Natural Resource Area Map, shall be protected and enhanced to the maximum extent practicable. As shown on the Willakenzie Area Plan Natural Resource Areas Map (page 158 of the Willakenzie Area Plan), the subject property extends into the riparian fringe in the vicinity of Patterson Slough and Alton Baker Riparian Natural Resource Area. As noted above, however, the proposed development is located well away from the Patterson Slough and is separated from it by Autzen Stadium, PK Park and Pape Field, and therefore will not directly impact the slough. Any proposed outdoor lighting for the indoor practice football facility, however, could have impact on the habitats of the Alton Baker Riparian Natural Resource Area immediately west of the proposed development, if not controlled. As noted under EC 9.8815(7), the project will be required to meet EC 9.6725 Outdoor Lighting Standards at the time of building permit, as a means of complying with this standard. Otherwise, the project is located over a 1/3-mile (2,000 feet) from the Willamette River. Based on the above findings and available evidence, this standard is met. 9. Scenic qualities and viewpoints, as identified in the Metro Plan Natural Assets and Constraints Working Paper shall be preserved. The Metropolitan Plan Natural Assets and Constraints Working Paper does not identify scenic qualities or viewpoints for preservation on or near the site. As such, this standard is not applicable. Based on the above findings, the criterion at EC 9.8815(4) is satisfied. EC 9.8815(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.). Staff Report UO Indoor Football Practice Facility | WG 21-3 Page 11 of 26  (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. (c) Protection and enhancement of the natural vegetative fringe along the Willamette River to the maximum extent practicable. (d) Preservation of scenic qualities and viewpoints as identified in the Metropolitan Plan Natural Assets and Constraints Working Paper. (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. (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. (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 above, the subject site is within the Willakenzie Area Plan and is subject to the use management considerations of that plan outlined in subsection (4). Therefore, this criterion is not applicable. EC 9.8815(6): When site review approval is required, the proposed development will be consistent with the applicable site review criteria. As discussed above, pursuant to EC 9.2681(1), areas zoned PL Public Land that are included in the City’s acknowledged Goal 5 inventory were subject to sections 9.400 through 9.404 of the City’s Land Use Code in effect on July 31, 2001, including references therein. Pursuant to section 9.402(c) of the land use code in effect on July 31, 2001, the proposed use is allowed outright, and site review is not required. Therefore, this criterion is not applicable. EC 9.8815(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 applicant states that the proposal complies with all applicable standards “fully and clearly expressed” in EC 9.8815(1) through (7), and maintains that “compliance with [other] applicable standards will be addressed during the building permit process as necessary.” With findings referenced herein, the proposal complies with EC 9.8815(1) through (6). However, consistent Staff Report UO Indoor Football Practice Facility | WG 21-3 Page 12 of 26 with the language of this criterion, it is incumbent upon staff to review all applicable standards as they are explicitly addressed in this application. Motor Vehicle Parking and Bike Parking Standards EC 9.6410(3)(c)1 requires that 4,749 vehicle parking spaces be provided on the Autzen Stadium Complex site or within 1,000 feet of that site, and that all the parking shall be owned by the state of Oregon, except that created through a City-approved agreement binding the parking area to the Autzen Stadium Complex. As discussed in the applicant’s written statement, there are 3,322 parking spaces within the existing Autzen Stadium Complex and 1,822 spaces within 1,000 feet of the site that are currently under agreement, for a total of 5,144 parking spaces, which indicates a surplus of 395 spaces. As noted in the applicant’s written statement, the proposed Indoor Football Practice Facility project will be constructed on areas currently used as outdoor football practice fields and will not impact any parking spaces within the Autzen Stadium Complex site. The area's network of on-street bike lanes and off-street paths provides convenient bicycle access to the complex, where 427 existing bicycle parking spaces are provided (86 covered spaces and 341 uncovered spaces). Otherwise, staff confirms that the applicant has provided sufficient information to indicate that the use will conceptually conform to the applicable standards explicitly addressed in the application. Full compliance with all remaining applicable standards will be addressed as part of the building permit process and privately engineered public improvement (PEPI) process for the proposed development; including, but not limited to: • EC 9.6505 Public Improvements, • EC 9.6600 – EC 9.6680 Sign Standards, • EC 9.6725 Outdoor Lighting Standards, • EC 9.6730 Pedestrian Circulation On-Site, • EC 9.6740 Recycling and Garbage Screening, • EC 9.6775 Underground Utilities, • EC 9.6780 Vision Clearance, and • EC 9.6790 – EC 9.6797 Stormwater Standards. In regards to these other standards, staff recommends the following condition of approval: 1) The final site plans (Sheets L3.0 and L3.1), as well as the athletic field plan (Sheet L3.2), shall be revised to note: “A comprehensive review for compliance with applicable standards will be addressed as part of the building permit and privately engineered public improvement (PEPI) processes. Approval of the Willamette Greenway Permit does not indicate Staff Report UO Indoor Football Practice Facility | WG 21-3 Page 13 of 26  that all features shown on the plan meet all applicable Eugene Code standards.” The applicant has not requested any adjustments pursuant to the provisions beginning at EC 9.8015. Based on these findings and as shown on the applicant’s site plan, this criterion is met. Staff Recommendation Based on the available information and materials, and the reasons stated in the findings above, staff recommends approval with a condition of the Willamette Greenway Permit. Hearings Official Decision Consistent with EC 9.7330, unless the applicant agrees to a longer time period, within 15 days following close of the public record, the Eugene Hearings Official shall approve, approve with conditions, or deny this Type III application. The decision shall be based upon and be accompanied by findings that explain the criteria and standards considered relevant to the decision, stating the facts relied upon in rendering a decision and explaining the justification for the decision based upon the criteria, standards, and facts set forth. Notice of the written decision will be mailed in accordance with EC 9.7335. Within 12 days of the date the decision is mailed, it may be appealed to the Eugene Planning Commission as set forth in EC 9.7650 through EC 9.7685. If no appeal is received, the decision will become effective on the 13th day after the date the decision was mailed. Attachments The application materials, and the entire application file, are available for review at the Eugene Planning Division offices. The Hearings Official will receive a full set of application materials for review prior to the public hearing. The following attachments are provided for ease of reference: Attachment A: Vicinity Map Attachment B: Conceptual Site Plan More Information about the land use application process, approval criteria, and general information can be found here: https://www.eugene-or.gov/3208/Land-Use-Information The application materials, and file are available to review for any interested parties. As a courtesy, materials may also be available on the City’s website at: https://pdd.eugene-or.gov/LandUse/ApplicationDetails?file=WG-21-0003 Staff Report UO Indoor Football Practice Facility | WG 21-3 Page 14 of 26 To protect the health of staff and community members, staff can provide digital materials or make appointments to view a physical set of materials. The Hearings Official will receive a full set of application materials for review prior to the public hearing. For more information, please contact Nicholas Gioello, Associate Planner, Planning Division, at: (541) 682-5453 or by e-mail, at: NGioello@eugene-or.gov Staff Report UO Indoor Football Practice Facility | WG 21-3 Page 15 of 26  Vicinity Map WG 21-3 UO Indoor Football Practice Facility Attachment A WES TWA EASTWOOD LN SORREL WAY AN RD RO RUSTIC PL SUNSHINE HO OAKWAY OXBOW DR ACRES AVE RD COU DR NTR WAY Y LN N O DL WB I1 05 O WO FR P U TH WB I105 I105 SO EB I105 ON RP E B I105 SE JJC SCOU T ACCESS RD OPPOR PARK TUNITY RV L LP JU STICE GROVE E NN IA WAY RD ICE RG CEN T APTS DU CO CENTER RD BU CK LP STADIU M COMMONS DR G JR BLVD PARK MARTIN LUTHER KIN LAG V IL APTS E APTS RD B CLU KINSROW AVE MARCHE CHASE CHA SE APT VILL AGE S E LE O APT ASVI HAR CH E RIS LL AG PKW Y APT S BO ARD WA LK AVE T AVE REGEN EV BU CH C KI CH Y N AS AV GH E E AM ST ELL RD BA AV E DA YI SLA ND RD FR ALDER ALY ALDER AN KL ST IN BL VD MILLRACE D R Subject Property Caution: This map is based on imprecise source data, subject to Taxlots change, and for general reference only. Eugene UGB Created on 1/11/2022 by City of Eugene Planning Division ^ 0 200 400 Ft 26 Page 16 of 800 N Attachment B Page 17 of 26  The Atrium Building 99 West 10th Avenue, Eugene, Oregon 97401 Phone: 541.682.5377 | Fax: 541.682.5572 www.eugene-or.gov/planning PUBLIC HEARING STAFF REPORT Zone Change File Name (Number): BILL MCINTYRE (Z 21-8) Owner/ Applicant: Bill McIntyre Applicant’s Representative: The Favreau Group Lead City Staff: Althea Sullivan, Senior Planner Zoli Gaudin-Dalton, Planning Analyst Relevant Dates: Application Submitted: October 20, 2021 Deemed Complete: December 10, 2021 Public Hearing: January 19, 2021 Subject Site: 2995 Hilyard Street, located at the northeast corner of Hilyard Street and 30th Avenue. Map No. / Tax Lots: 18-03-08-21/ 04600 and 04601 Application Summary The applicant is requesting approval of a Zone Change to remove the /PD Planned Unit Development Overlay. The site is currently zoned GO General Office, with a /PD Planned Unit Development Overlay. The applicant has not proposed any change to the base zone of GO. Purpose of the Staff Report Staff reports provide community members an opportunity to learn more about the land use request and to review staff analysis of the application. Staff reports are available seven days prior to the public hearing (see EC 9.7320). The staff report provides only preliminary recommendations, and information. The Hearings Official will also consider additional public testimony and other materials presented at the public hearing before making a decision on the application. The Hearings Official’s written decision on the application is typically made within 15 days following the close of the public record after the public hearing (see EC 9.7330). The applicable quasi-judicial hearing procedures are described at EC 9.7065 through EC 9.7095. Staff Report BILL MCINTYRE | Z 21-8 January 2022 Page 18 of 26 How Does Zoning Work? The Eugene-Springfield Metropolitan Area General Plan (Metro Plan) is part of the City’s comprehensive plan. The Metro Plan helps to guide land use and zoning decisions. It includes long-range policy direction for land use planning and legislative decision-making, as well as guidance for parcel-specific land use decisions such as this zone change request. In some areas, refinement plans provide additional policies and land use designation maps to further guide land use decision-making in specific neighborhoods or geographic areas of the City. Another component of the City’s comprehensive plan is the Envision Eugene Comprehensive Plan. It provides goals and policies to help guide the City in updating the Eugene Code and other regulatory documents, programs and planning projects. Unlike the Metro Plan or refinement plans, the Envision Eugene policies are not intended to be used in determining approval or denial of land use applications, like a Zone Change, unless such direction is stated in the policy. In the context of a Zone Change application, consistency with the applicable provisions of the Metro Plan and any applicable adopted refinement plans for the area of the request, is fundamental to the decision-making process. More than one zone category may carry out a particular land use designation, and the relevant policy direction helps determine what the zoning should be. In other cases, the land use designation and policy direction may be so specific that only one zone or overlay zone can correctly establish particular restrictions, development standards or process. In a nutshell, zoning specifies allowed uses for a piece of land, and what standards will apply at the time of development (e.g. height, setbacks). Application Details & Procedure The subject property is located at the northeast corner of the intersection of Hilyard Street and East 30th Avenue. The subject site consists of two tax lots amounting to approximately 0.54 acres of land addressed as 2995 Hilyard Street. The site is developed and was formerly the location of a bank with an associated parking area. The applicant has requested approval of a Zone Change to remove the /PD Planned Unit Development Overlay from the site. The applicant does not propose a change to the base zone of GO General Office. The subject property is surrounded by a mixture of uses and zones. To both the north and east, properties are generally zoned and identified in the Metro Plan for low density residential uses and are developed with single family homes. To the south of the property, across East 30th Avenue, properties are commercially zoned and developed with a grocery store and residential/commercial mixed-use building. Amazon Park and a multi-use path are located to the west, across Hilyard Street. For ease of reference, maps of the subject site and zoning can be seen in Attachments A and B respectively. The current zoning of GO/PD was applied to the property through two actions beginning with a zone change in 1970 from R-1 Single Family Residential to RP Residential Professional with the /PD Planned Unit Development Overlay (see file Z 70-35 and Ordinance No. 16892). The RP zoning was later changed to GO through a reclassification taken on by the City as documented in the Eugene Code that was in effect as of August 31, 1994 (see page 9-91). Staff Report BILL MCINTYRE | Z 21-8 January 2022 Page 19 of 26 The applicant provides a detailed written statement which walks through land use history of the subject property, and portions of the Eugene Code. The applicant's main point appears to be that the zoning overlay which exists on the subject property was implemented in order to accommodate additional traffic flows on Hilyard Street and East 30th Avenue, both of which have since been improved and today are fully built public streets. Timing, Notice, and Testimony Application Submitted October 25, 2021 Deemed Complete December 10, 2021 Application DLCD Notice December 15, 2021 Timeline Public Notice (per EC 9.7315) December 16, 2021 Public Hearing January 19, 2021 Testimony As of the publication of this report, the City has received questions about future development from neighbors of the subject site. However, no testimony has been received regarding this proposal. If written testimony is received prior to the public hearing, it will be provided to the Hearings Official for consideration as part of the record. Public Notice and Referrals Public notice was provided in accordance with the requirements of Eugene’s Land Use Code. The Planning Division also provided information concerning the application to appropriate City departments, public agencies, neighborhood organization, and service providers. All referral comments received by the Planning Division on this application are included in the application file for reference. The substance of any relevant referral comments is addressed in the context of applicable approval criteria and standards in the following evaluation. Zone Change Evaluation In accordance with EC 9.7330, the Hearings Official is required to approve, approve with conditions, or deny a Type III land use application. The decision must be based on, and be accompanied by, findings that explain the criteria and standards considered relevant to the decision. It must also state the facts relied upon in rendering the decision and explain the justification for the decision based upon the criteria, standards, and facts set forth. The Hearings Official will review the application and consider relevant evidence and testimony as to whether the proposed Zone Change is consistent with the applicable criteria required for approval, shown below in bold typeface. To assist the Hearings Official in making a decision on the Zone Change request, staff’s findings in response to each of the criteria are provided below. Staff Report BILL MCINTYRE | Z 21-8 January 2022 Page 20 of 26  EC 9.8865(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. Per the Metro Plan land use diagram, the subject property is designated as Low Density Residential. The applicant is requesting removal of the /PD Planned Unit Development Overlay zone and is not proposing to change the existing base zone of GO General Office. The GO General Office zone is listed as a commercial zone designed to implement the Metro Plan by providing an area with a mix of office and residential uses (see EC 9.2140). In response to this criterion, the applicant references the following paragraph from page II-G-2 of the Metro Plan: “Certain land uses are not individually of metropolitan-wide significance in terms of size or location because of their special nature or limited extent. Therefore, it is not advisable to account for most of them in the Metro Plan Diagram. The Diagram's depiction of land use designations is not intended to invalidate local zoning or land uses which are not sufficiently intensive or large enough to be included on the Metro Plan Diagram.” The applicant explains that the 2004 Metro Plan diagram was adopted after the current zoning was established in 1970 and asserts that the subject site was not large enough to be included on the Metro Plan diagram. The applicant goes on to note that the Metro Plan text does not contain policies in favor of or against a requirement for a /PD overlay and the Metro Plan diagram does not show zoning overlays. In the context of the above criterion, the most salient point raised by the applicant is the lack of a requirement from the Metro Plan for the /PD overlay. Without clear policy direction or a designation on the diagram, whether a property does or does not have a /PD overlay does not impact whether the base zoning is consistent with the Metro Plan. This lack of a requirement makes the applicant’s request to remove the /PD overlay consistent with the Metro Plan designation. To the applicant’s assertion that the base zone of GO is consistent with the Metro Plan, additional analysis of the merits of their augments is unnecessary as their request is limited to the removal of the /PD overlay, thereby making the existing base zoning of GO outside of the scope of the present request. Based on the available information and findings above, the request complies with this criterion. EC 9.8865(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 not within the bounds of an adopted refinement plan; therefore, this criterion is not applicable. Staff Report BILL MCINTYRE | Z 21-8 January 2022 Page 21 of 26  EC 9.8865(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. Key urban facilities and services are defined in the Metro Plan as: wastewater service, stormwater service, transportation, 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 (see Metro Plan page V-3). The applicant provides a detailed list beginning on page 4 of their written narrative that details how each of the key urban facilities, as defined by the Metro Plan, are available. Referral comments from Public Works staff further confirm the availability of key urban facilities and public infrastructure to serve the subject property at the time of development. Based on these findings, and future permitting requirements, this criterion is met. EC 9.8865(4): The proposed zone change is consistent with the applicable siting requirements set out for the specific zone in: a) EC 9.2150 Commercial Zone Siting Requirements No siting requirement is provided for the GO zone. Additionally, the applicant has not requested a change to the base zone of GO, therefore this criterion is not applicable with respect to the existing GO zoning. The /PD overlay zone does not have any specific, codified siting requirements; therefore, this criterion is not applicable to the request to remove the /PD overlay. EC 9.8865(5): In cases where the NR zone is applied based on EC 9.2510(1)(b), 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 applicant is not requesting the NR zone and the subject site is not located in an area that would otherwise require the application of the NR zone. Based on the available information and evidence, this criterion is not applicable. Transportation Planning Rule (TPR) Goal 12 Transportation of the Statewide Planning Goals, adopted by the Land Conservation and Development Commission (LCDC), must be specifically addressed as part of the requested zone change and in the context of Oregon Administrative Rules, as follows. As adopted, OAR 660-012-0060(1) states: Staff Report BILL MCINTYRE | Z 21-8 January 2022 Page 22 of 26  (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 proposal qualifies for an exception under subsection (9), because the applicant is requesting removal of an overlay zone that is consistent with the Metro Plan designation. (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: The applicant’s request is to remove the /PD overlay. As discussed at EC 9.8865(1) removal of the /PD overlay is consistent with the Metro Plan diagram as there are no specific policies within the Metro Plan requiring the /PD overlay. Thus, OAR 660-012-0060(9)(a) is satisfied. (b) The local government has an acknowledged TSP and the proposed zoning is consistent with the TSP; and The City of Eugene’s adopted Eugene 2035 Transportation System Plan (2035 TSP) serves as 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 discussed at EC 9.8865(1) the applicant’s request to remove the /PD overlay is consistent with the Metro Plan, therefore, OAR 660-012-0060(9)(b) is satisfied. (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 subject property was not exempted from the TPR at the time of an urban growth boundary agreement. Thus, OAR 660-012-0060(9)(c) is satisfied. Staff Report BILL MCINTYRE | Z 21-8 January 2022 Page 23 of 26 As the proposed zoning will be consistent with the Metro Plan designation and the applicant has not requested an amendment to the Metro Plan designation, the zone change is allowed under OAR 660-012-0060(9) and the proposal is consistent with the applicable provisions of the Transportation Planning Rule. STAFF RECOMMENDATION Consistent with the preceding findings of compliance with the Zone Change approval criteria at EC 9.8865, and based on all available information as of the date of this report, staff recommends the Hearings Official approve the request to remove the /PD overlay. According to EC 9.7330, unless the applicant agrees to a longer time period, within 15 days following close of the public record, the Eugene Hearings Official shall approve, approve with conditions, or deny this Type III application. The decision shall be based upon and be accompanied by findings that explain the criteria and standards considered relevant to the decision, stating the facts relied upon in rendering a decision and explaining the justification for the decision based upon the criteria, standards, and facts set forth. Notice of the written decision will be mailed in accordance with EC 9.7335. Within 12 days of the date the notice of decision is mailed, it may be appealed to the Eugene Planning Commission as set forth in EC 9.7650 through EC 9.7685. Attachments Attachment A: Subject Property Map Attachment B: Zoning Map More Information about the land use application process, approval criteria, and general information can be found here: https://www.eugene-or.gov/3208/Land-Use-Information The application materials, and file are available to review for any interested parties. As a courtesy, materials may also be available on the City’s website at: https://pdd.eugene- or.gov/LandUse/SearchApplicationDocuments?file=Z-21-0008 To protect the health of staff and community members, staff can provide digital materials or make appointments to view a physical set of materials. The Hearings Official will receive a full set of application materials for review prior to the public hearing. For more information, please contact Althea Sullivan, Senior Planner, Eugene Planning Division, at: (541) 682-5485; or by e-mail, at: ASullivan@eugene-or.gov Staff Report BILL MCINTYRE | Z 21-8 January 2022 Page 24 of 26 Staff Report BILL MCINTYRE | Z 21-8 January 2022 8 Page 25 of 26 Staff Report BILL MCINTYRE | Z 21-8 January 2022 9 Page 26 of 26