Planning Commission

AGENDA Phone: 541-682-5481 Meeting Location: www.eugene-or.gov/pc Virtual Meeting (Via Zoom) The Eugene Planning Commission welcomes your interest in these agenda items. This meeting will be held remotely using virtual meeting technology. Information about online or other options for access and participation is available on the last 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 Planning Commission meeting based on service availability but may occur as a follow up service. To arrange for these services, contact the Planning Division at 541-682-5675. TUESDAY, August 15, 2023 – Public Hearing and Possible Action (5:30 pm) Eugene Planning Commissioners: Ken Beeson; Diane Behling; Tiffany Edwards; Lisa Fragala (Vice Chair); Dan Isaacson (Chair); Jason Lear, Chris Ramey The Commission will begin the meeting with the City’s Land Acknowledgement statement: Since time immemorial the Kalapuya people have been the Indigenous stewards to our region, building dynamic communities, maintaining balance with wildlife, and enacting sustainable land practices. This land acknowledgement is a way of resisting the erasure of Indigenous histories and to honor Native communities by inviting truth and reconciliation. Following treaties between 1851 and 1855, Kalapuya people were dispossessed of their Indigenous homeland by the United States government and forcibly removed to the Coast Reservation in Western Oregon. As we consider the impacts of colonization, we also acknowledge the strength and resiliency of displaced Indigenous people. The City of Eugene is built within the traditional homelands known as Kalapuya Ilihi. Kalapuya descendants are citizens of the Confederated Tribes of Grand Ronde Community of Oregon and the Confederated Tribes of the Siletz Indians of Oregon, they continue to make contributions in our communities here and across the lands. We express our respect for the inherent political sovereignty of all federally recognized Tribal Nations and Indigenous people who live in the State of Oregon and across the nation. Therefore, the Planning Commission recognizes that what we do today will affect the many generations who will come after us. I. Public Hearing and Possible Action: Skinner Butte/Downtown Riverfront Height Code Amendment (City File CA 23-2) A public hearing on a proposal to amend Eugene’s Land Use Code (Chapter 9) to allow for an increase in allowable building height for a specific property located at the southeast corner of the intersection of 4th Avenue and High Street, zoned S-DR Downtown Riverfront Special Area Zone and subject to the Skinner Butte Height Limitation Area. The Planning Commission may make a recommendation immediately following the hearing, or at a future meeting. City Staff: Dylan Huber-Heidorn, 541-682-5475, DHuber-Heidorn@eugene-or.gov Public Hearing Format: The order of procedure will be as follows, unless modified by the Planning Commission Chair as may be necessary or appropriate: 1. The Planning Commission Chair will summarize procedures and commence the hearing. 2. City staff will provide a brief introduction and summary of the application/appeal. 3. Testimony will first be allowed from the applicant and those in support of the application 4. Testimony will then be allowed from parties who are neither proponents nor opponents. 5. Testimony will then be allowed from the opponents/appellants. 6. Staff may provide a response to testimony, as needed. 7. Planning Commissioners may then ask questions of staff (note that commissioners may also raise questions that might arise during any individual testimony). 8. Rebuttal will then be allowed from the proponent/applicant. 9. Finally, the Planning Commission Chair will announce whether the hearing and record is closed, held open, or if the public hearing will be continued. Note: Testimony will be limited to three minutes per person. Also, as a reminder, the City Council will hold a separate Public Hearing following the Planning Commission’s process, with another opportunity to provide public comment. HOW TO ACCESS THE MEETING To watch a webcast of the meeting live: Visit: https://www.eugene-or.gov/2109/Planning-Commission-Webcasts To be able to participate in the Public Hearing join using one of the two following options: 1. Join on your computer, tablet or smartphone Visit: https://eugene-or-gov.zoom.us/j/88568352100 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: 885 6835 2100 +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://eugene-or-gov.zoom.us/u/kbEgyMKe59 Sign up to speak by dialing *9 (Star-9)  AGENDA ITEM SUMMARY August 15, 2023 To: Eugene Planning Commission From: Dylan Huber-Heidorn, Community Development Division Subject: Public Hearing and Possible Action: Skinner Butte/Downtown Riverfront Height Code Amendment (City File: CA 23-2) ACTION REQUESTED Hold a public hearing and possibly make a recommendation on the applicant’s proposed land use code amendment to increase the allowable building height for a specific parcel located within the Skinner Butte Height Limitation Area and S-DR Downtown Riverfront Special Area Zone. BRIEFING STATEMENT The goal of this proposed land use code amendment is to increase allowed building height for one parcel located within the Skinner Butte Height Limitation Area and S-DR zone to allow for additional development opportunities in the Downtown Riverfront. The amendment proposes an allowance for taller building height on a parcel located on the southeast corner of the intersection of 4th Avenue and High Street. The subject property’s allowable building height is governed by the Skinner Butte Height Limitation Area (Eugene Code 9.6715(3)) and the S-DR Downtown Riverfront Special Area Zone Height Regulating Plan (Eugene Code 9.3155(3), Figure 9.3155 and Figure 9.3155(3)(a)). As proposed, this amendment would increase the allowable building height from 500 feet above sea level (approximately 70 feet above grade) to 530 feet above sea level (approximately 100 feet above grade) by adding the property to the Opportunity Area defined in the Skinner Butte Height Limitation Area code and Figure 9.6715(3). A draft of the proposed code language and figure is provided as Attachment A. BACKGROUND The Skinner Butte Height Limitation Area (found at Eugene Code (EC) 9.6715) is a height limitation area in the land use code that applies to properties located between the Willamette River and 6th Avenue, and between Washington Street and Coburg Road. It was established to maximize the views to and from Skinner Butte as a reaction to the construction of Ya-Po-Ah Terrace, Eugene’s tallest building. The Skinner Butte Height Limitation Area restricts buildings, accessory roof structures, and architectural features to a specified height. In 2018, the City Council approved an increase in the allowable building height for properties within the Skinner Butte Height Limitation Area located on the southern half-block of the area, between 5th and 6th Avenues. Earlier this year, the City Council approved an amendment for similar increases in allowable building height on several additional lots along 5th Avenue. The City’s Riverfront Urban Renewal Agency purchased approximately 17 acres of vacant riverfront land from Eugene Water and Electric Board in 2018, including the property that is the subject of this application. The subject property is proposed to be developed as one of the early projects of the Eugene River District, a project by Atkins Dame in coordination with the City to build up the former industrial riverfront area as a neighborhood of housing and commercial uses. The proposed development would be the project within the Downtown/Riverfront located closest to the already highly developed 5th Avenue corridor and market district. The developer is proposing to construct a seven-story structure on the currently vacant property and has applied for a Multi-Unit Property Tax Exemption from the City for this project. The current restrictions of the Skinner Butte Height Limitation Area do not allow for the intended building heights and by extension limit the possible residential unit density. The subject property has a ground grade of approximately 430 feet above sea level, creating an effective height limit of approximately 70 feet. The S-DR code allows an additional 12 feet of height for rooftop equipment and architectural features, and the proposed code language retains that allowance. The Eugene Downtown Plan includes numerous policies to promote density in the Plan area, including a major chapter on developing the riverfront to connect Eugene’s downtown to the Willamette River. The Plan also identifies a list of development opportunity areas which features “Midgely’s block”, a chunk of land which would become the western extent of the Downtown Riverfront. An update to the Skinner Butte Height Limitation Area and the S-DR zone pertaining to additional building height for the subject property has the potential to achieve the following Downtown Plan objectives and policies: • Redevelop one of the identified Development Opportunity Areas, which is currently vacant. • Utilize development tools and incentives to encourage denser development. • Stimulate more housing in downtown. • Facilitate dense development between the core of downtown and the Willamette River. • Emphasize 5th Avenue as a Great Street, especially now that it connects to the river. The City’s Community Development Division of the Planning and Development Department applied for this code amendment on June 28, 2023. PROCEDURES/APPLICABLE APPROVAL CRITERIA This proposed site-specific land use code amendment is subject to Type IV (quasi-judicial) application procedures (EC 9.7400 through EC 9.7455) for the upcoming public hearing, as well as the applicable approval criteria from EC 9.8065 for a land use code amendment. The Type IV process includes public notice and a hearing before the Planning Commission, which then forwards a recommendation to the City Council for a final public hearing and action. Following the public hearing, the Planning Commission will deliberate and make a recommendation to the City Council to either approve, approve with modifications, or deny the proposal, based on the required approval criteria. This may occur immediately following the public hearing (time permitting) or at a later Planning Commission meeting. As noted above, the Planning Commission must address the relevant approval criteria from EC 9.8065 in making a recommendation to the City Council on the proposed ordinance. Draft findings addressing these approval criteria are provided for the Planning Commission’s consideration as Attachment B. These draft findings conclude that this request is consistent with Statewide Planning Goals, applicable provisions of the comprehensive plan, and applicable adopted refinement plans. PUBLIC HEARING NOTICE Notice of the Planning Commission public hearing was mailed to the property owner, owners and occupants within 300 feet of the site, all neighborhood organizations in Eugene, the Oregon Department of Land Conservation and Development, Lane County, City of Springfield, and community groups and individuals who have requested notice. In addition, signs announcing the hearing were posted on and around the property. All notices were provided consistent with the Type IV (quasi-judicial) procedures from the Eugene Code. No testimony has been received as of the time of this writing. Any written comments received after the preparation of this report will be provided to the Planning Commission at the public hearing for inclusion into the record for this application and consideration during deliberations. APPLICATION MATERIALS/FILE RECORD A full copy of materials in the record for this application will be provided separately to the Planning Commission. As a courtesy, application materials may also be viewed on the City’s land use application website: https://pdd.eugene- or.gov/LandUse/SearchApplicationDocuments?file=CA-23-0002 RECOMMENDATION/NEXT STEPS Staff recommends that the Planning Commission hold a public hearing and review the public testimony related to the proposed land use code amendment. Following the public hearing, the Planning Commission will deliberate on the proposed code amendment and provide a recommendation to the City Council. Following the Planning Commission recommendation, a public hearing before the City Council will be held, and Council will make the final decision on the application. ATTACHMENTS A. Draft Code Amendment B. Draft Findings FOR MORE INFORMATION Contact Dylan Huber-Heidorn at 541-682-5475 or dhuber-heidorn@eugene-or.gov  Attachment A ORDINANCE NO. _______ AN ORDINANCE CONCERNING SKINNER BUTTE HEIGHT LIMITATION AREA AND DOWNTOWN RIVERFRONT SPECIAL AREA ZONE, AMENDING FIGURES 9.3155(3)(A) AND 9.6715(3) OF THE EUGENE CODE, 1971. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Figure 9.3155(3)(a) is amended as shown in Exhibit A to this Ordinance. Section 2. Figure 9.6715(3) is amended as shown in Exhibit A to this Ordinance. Section 3. The findings set forth in Exhibit B attached to this Ordinance are adopted as findings in support of this Ordinance. Section 4. The City Recorder, at the request of, or with the concurrence of the City Attorney, is authorized to administratively correct any reference errors contained herein or in other provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein. Section 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. Further, if this Ordinance is remanded back to the City Council for further action by the Oregon Land Use Board of Appeals, those sections, subsections, sentences, clauses, phrases or portions that do not require action on remand shall be deemed separate, distinct, and independent provisions and such remand shall not affect their validity or effect. Section 6. This Ordinance shall take effect pursuant to Section 32 of the Eugene Charter 2002. Ordinance - Page 1 of 2 Passed by the City Council this Approved by the Mayor this _____ day of MONTH, 2023 ____ day of MONTH, 2023 ____________________________ _____________________________ City Recorder Mayor Ordinance - Page 2 of 2 Proposed Figure 9.3155(3)(a) KEY Build-to line (BTL) Property Line Maximum building envelope. Minimum building envelope. 1 Buildings shall be a maximum 1 elevation of 500 feet above sea level, except that buildings or 3 portions of buildings constructed within the Opportunity Area 2 defined in Figure 9.6715(3) shall have a maximum height of 530 2 feet above mean sea level. 2 Buildings shall be a minimum of two stories; with 50 percent of the building footprint allowed to be one story. grade shall be set back 20 feet from 3rd Alley.  Attachment B Skinner Butte/Downtown Riverfront Height Code Amendment (City File CA 23-2) Overview Skinner Butte/Downtown Riverfront Height Code Amendment: The goal of this site-specific land use code amendment is to increase allowed building heights on a single piece of property to facilitate additional development opportunities in the Downtown Riverfront. The City Council approved a similar amendment in 2023 which impacted six properties in the 5th Street Market area. Additionally, the City undertook a similar process in 2018 which resulted in an allowance for increased building heights along the entire southern half block between 5th and 6th Avenues and between Coburg Road and Washington Street. This code amendment allows for greater building heights on a property on the east side of High Street, between 4th and 5th Avenues (“the subject property”). The Community Development Division of the Planning and Development Department is the applicant for this amendment. The subject property’s allowable building height is governed by the Skinner Butte Height Limitation Area (Eugene Code 9.6715(3)) and the S-DR Downtown Riverfront Special Area Zone Height Regulating Plan (Eugene Code 9.3155(3), Figure 9.3155 and Figure 9.3155(3)(a)). This amendment will increase allowable building heights on the subject property from 500 feet above sea level to 530 feet above mean sea level. This will result in an allowance for buildings up to approximately 100 feet in height on the subject property; development on this property was previously limited to approximately 70 feet in height. Proposed Findings Eugene Code Section 9.8065 requires that the following approval criteria (in bold italics) be applied to a code amendment: (1) The amendment is consistent with applicable statewide planning goals adopted by the Land Conservation and Development Commission. 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 community involvement which ensure the opportunity for community members to be involved in all phases of the planning process and set out requirements for such involvement. The code amendment does not amend the citizen involvement program. The process for adopting this amendment complied with Goal 1 because it is consistent with the City’s acknowledged citizen involvement provisions. A Notice of Proposed Amendment was filed with the Oregon Department of Land Conservation and Development on July 11, 2023, and a notice of the Planning Commission’s public hearing on the application was mailed on July 14, 2023. Notice was posted on the subject property along the frontage of the abutting improved streets and in three locations within 300 feet of the subject property on July 25, 2023. A public hearing was held before the Planning Commission on August 15, 2023, followed by {00438857;1} Findings - 1  deliberations. Following deliberations, Planning Commission made a recommendation that the Eugene City Council ______ the proposed code amendments. These processes afford ample opportunity for citizen involvement consistent with Goal 1. Therefore, the code amendment is consistent with Statewide Planning Goal 1. Goal 2 - Land Use Planning. To establish a 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 basis for such decisions and actions. Eugene’s land use code specifies the procedure and criteria that were used in considering this amendment. The record shows that there is an adequate factual basis for the amendment. 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 the community. To comply with the Goal 2 coordination requirement, the City engaged in an exchange about the subject of this amendment with affected governmental units. Specifically, the City provided notice of the proposed action and opportunity to comment to the Oregon Department of Land Conservation and Development as well as to Lane County and the City of Springfield. There are no exceptions to Statewide Planning Goal 2 required for this amendment. Therefore, the amendment is consistent with Statewide Planning Goal 2. Goal 3 - Agricultural Lands. To preserve agricultural lands. The amendment will only affect property located within the City of Eugene and does not affect any land zoned or designated for agricultural use. Therefore, Statewide Planning Goal 3 does not apply. Goal 4 - Forest Lands. To conserve forest lands. The amendment will only affect property located within the City of Eugene and does not affect any land zoned or designated for forest use. Therefore, Statewide Planning Goal 4 does not apply. Goal 5 - Open Spaces, Scenic and Historic Areas, and Natural Resources. To conserve open space and protect natural and scenic resources. OAR 660-023-0250(3) provides: Local governments are not required to apply Goal 5 in consideration of a PAPA unless the PAPA affects a Goal 5 resource. For purposes of this section, a PAPA would affect a Goal 5 resource only if: (a) The PAPA creates or amends a resource list or a portion of an acknowledged plan or land use regulation adopted in order to protect a significant Goal 5 resource or to address specific requirements of Goal 5; (b) The PAPA allows new uses that could be conflicting uses with a particular significant Goal 5 resource site on an acknowledged resource list; or (c) The PAPA amends an acknowledged UGB and factual information is submitted demonstrating that a resource site, or the impact areas of such a site, is included in the amended UGB area. {00438857;1} Findings - 2  This amendment does not create or amend the City’s list of Goal 5 resources, does not amend a land use code provision adopted to protect a significant Goal 5 resource or to address specific requirements of Goal 5, and does not amend the acknowledged urban growth boundary. Therefore, the amendment does not affect (a) or (c). In regard to (b), the property subject to the amendment does not contain any Goal 5 resources. However, the 1978 Scenic Sites Working Paper and accompanying map, which are a part of the City’s adopted significant Goal 5 inventory (see Ordinance No. 20351), identifies Skinner Butte as a “Scenic Site” (as both a “Vista” and as containing “Prominent and Plentiful Vegetation”). Per OAR 660-023-0230, “scenic views and sites” are lands valued for their aesthetic appearance. Skinner Butte has long been recognized and valued in the community for its aesthetic appearance, which is evidenced by the adoption of the Skinner Butte Height Limitation Area in 1968. Notably, this predates the adoption of Statewide Planning Goal 5 in December 1974. Section 9.6715(1) of the Eugene Code (EC) describes the purpose of height limitation areas as follows: “Certain geographical landmarks have scenic attributes that are of value to the community as a whole. To protect views to and from these landmarks, special limitations on building height are established on and around them.” While the properties immediately surrounding the subject property vary in the maximum building heights allowed by their base zoning and applicable overlays, the majority of surrounding properties are within the Skinner Butte Height Limitation Area and thus have a base height allowance that is the same as the subject property (500 feet above sea level). As a result of amendments to the Skinner Butte Height Limitation Area in 2018 and 2023, portions of the Skinner Butte Height Limitation Area allow building heights up to 530 feet above mean sea level on properties that previously allowed up to 500 feet. The current proposal would extend this higher limit to one additional property. A variety of natural and artificial features in the general riverfront area currently block views of Skinner Butte or will block them in the future regardless of the Skinner Butte Height Limitation Area. The Ferry Street viaduct obscures the butte from many potential viewing locations in the general riverfront area. From locations west of the viaduct, views of the butte would be obstructed by a building on the subject property even if it were constructed within the currently allowed height limit, with the additional proposed height making no difference to the condition. From locations east of the viaduct, many views of the butte which currently exist will be blocked by either recently planted trees or buildings planned for construction in the Downtown Riverfront which are not included in the Skinner Butte Height Limitation Area. Overall, a building taking full advantage of the proposed increased height limit would only negligibly impact views of Skinner Butte compared to a building constructed under the current limit. Additionally, the subject property is located roughly 700 feet from the base of Skinner Butte and 1,400 feet from the viewing area at the top of the butte. Given the distance between the subject property and Skinner Butte, the potential impact on views to and from the butte is minimal. Considering these factors, the proposed increase in allowable building height can be achieved in a way that is sensitive to Skinner Butte. The remainder of the height limitation area will remain in place, and as these findings demonstrate, development that will be allowed by this amendment to the Skinner Butte Height Limitation Area does not interfere with the scenic value of the butte or the viewing of its prominent and plentiful vegetation to {00438857;1} Findings - 3  a greater extent than the development that would be allowed in the absence of this amendment. For all these reasons the amendment does not allow new uses that could be conflicting uses with a significant Goal 5 resource site. The amendment does not amend an acknowledged urban growth boundary. Therefore, the amendment is consistent with Statewide Planning Goal 5. Goal 6 - Air, Water and land Resource Quality. To maintain and improve the quality of the air, water and land resources of the state. Goal 6 addresses waste and process discharges from development and is aimed at protecting air, water, and land from impacts from those discharges. The amendment does not affect the City’s ability to provide for clean air, water, or land resources. Therefore, the amendment is consistent with Statewide Planning Goal 6. Goal 7 - Areas Subject to Natural Disasters and Hazards. To protect life and property from natural disasters and hazards. Goal 7 requires that local government planning programs include provisions to protect people and property from natural hazards such as floods, landslides, earthquakes and related hazards, tsunamis, and wildfires. The amendment does not amend or repeal any policies or regulations that protect people and property from natural hazards. Therefore, the amendment is consistent with Statewide Planning Goal 7. Goal 8 - Recreational Needs. To satisfy the recreational needs of the citizens of the state and visitors, and where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. Goal 8 ensures that recreational facilities are provided to Oregon residents and tourists and is primarily concerned with the provision of those facilities in non-urban areas of the state. The amendment does not affect the City’s provisions for or access to recreation areas, facilities, or recreational opportunities. Therefore, the amendment is 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 the health, welfare, and prosperity of Oregon’s citizens. Goal 9 requires cities to evaluate the supply and demand of commercial land relative to community economic objectives. The amendment does not impact the supply of industrial or commercial lands. Instead, the amendment increases the capacity of existing land zoned to allow mixed use development by allowing additional building height. Therefore, the amendment is consistent with Statewide Planning Goal 9. Goal 10 - Housing. To provide for the housing needs of citizens of the state. Goal 10 requires the City to provide an adequate supply of residential buildable land to accommodate the City’s estimated housing needs for a 20-year planning period. The Envision Eugene Residential Land Supply Study (2012-2032) was adopted by the City of Eugene in 2017 as a refinement of the Envision Eugene Comprehensive Plan and complies with the requirements of Goal 10 and Chapter 660, division 008 of the Oregon Administrative Rules. {00438857;1} Findings - 4  The amendment does not alter or amend the City’s adopted Envision Eugene Residential Land Supply Study. The subject property is designated High Density Residential with Mixed Use and Nodal Development. The amendment does not impact the supply of residential buildable land, because the subject property is classified as “Committed or Protected Lands.” These categories are distinct from “Vacant” or “Partially Vacant Residential Lands” because they were not considered as having future development or redevelopment potential when the Residential Land Supply Study was done (see Residential Land Supply Study Part I – Page 5. Land in government ownership was classified as “Committed” as part of the study.) The amendments will not re-zone or re-designate land from residential use to a nonresidential use. Accordingly, the amendments do not impact the supply or availability of residential lands included in the documented supply of “buildable land” that is available for residential development as inventoried in the acknowledged Residential Lands Supply Study. Finally, the amendments will increase maximum building height on the affected property, which will allow for the development of a greater number of residential units than the number of units that could have been built without the amendment. The amendment is consistent with Statewide Planning Goal 10. Goal 11- Public Facilities and Services. To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. The amendment does not affect the City’s provision of public facilities and services. Therefore, Statewide Planning Goal 11 does not apply. Goal 12- Transportation. To provide and encourage a safe, convenient and economic transportation system. The Transportation Planning Rule (OAR 660-012-0060) contains the following requirement: (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. A plan or land use regulation amendment significantly affects a transportation facility if it would: (a) Change the functional classification of an existing or planned transportation facility (exclusive of correction of map errors in an adopted plan); (b) Change standards implementing a functional classification system; or (c) Result in any of the effects listed in paragraphs (A) through (C) of this subsection based on projected conditions measured at the end of the planning period identified in the adopted TSP. As part of evaluating projected conditions, the amount of traffic projected to be generated within the area of the amendment may be reduced if the amendment includes an enforceable, ongoing requirement that would demonstrably limit traffic generation, including, but not limited to, transportation demand management. This reduction may diminish or completely eliminate the significant effect of the amendment. (A) Types or levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility; (B) Degrade the performance of an existing or planned transportation facility such that it would not meet the performance standards identified in the TSP or comprehensive plan; or (C) Degrade the performance of an existing or planned transportation facility that is {00438857;1} Findings - 5  otherwise projected to not meet the performance standards identified in the TSP or comprehensive plan. The amendment does not change the functional classification of a transportation facility, change the standards implementing a functional classification system, or degrade the performance of a facility otherwise projected to not meet performance standards. Therefore, the amendment does not have a significant effect under (a) or (b). In regard to (c), the level of increased development that may result from the additional building height would have a negligible impact on any transportation facility. Therefore, the amendment does not significantly affect any existing or future transportation facilities. Based on the above findings, the amendment is consistent with Statewide Planning Goal 12. Goal 13 - Energy Conservation. To conserve energy. The amendment does not negatively impact energy conservation. Instead, increased capacity for development on the subject property allows for additional construction of buildings that are likely to consume less energy per unit area than the same uses would consume in a smaller building. Goal 13 is also concerned with the provision of efficient transportation options; the amendment would provide for denser development which is more suited to public transit and other forms of energy efficient transportation. Based on these findings, the amendment is consistent with Statewide Planning Goal 13. Goal 14 - Urbanization. To provide for an orderly and efficient transition from rural to urban land use. The amendment does not affect the City’s provisions regarding the transition of land from rural to urban uses. Therefore, Statewide Planning Goal 14 does not apply. Goal 15 - Willamette River Greenway. To protect, conserve, enhance and maintain the natural, scenic, historical, agricultural, economic and recreational qualities of lands along the Willamette River as the Willamette River Greenway. The amendment does not contain any changes that affect the Willamette River Greenway regulations, nor is the subject property within the adopted Greenway boundary; therefore, Statewide Planning Goal 15 does not apply. Goal 16 through 19 - Estuarine Resources, Coastal Shorelands, Beaches and Dunes, and Ocean Resources. There are no coastal, ocean, estuarine, or beach and dune resources related to the property affected by this amendment. Therefore, these goals are not relevant, and the amendment will not affect compliance with Statewide Planning Goals 16 through 19. (2) The amendment is consistent with applicable provisions of the comprehensive plan and applicable adopted refinement plans. Applicable Metro Plan Policies The following policies from the Metro Plan (identified below in italics) are applicable to this amendment. To the extent that the following policies constitute mandatory approval criteria, based on the findings {00438857;1} Findings - 6  provided below, the amendment is consistent with and supported by the applicable provisions of the Metro Plan. Environmental Design Element E.5 Carefully develop sites that provide visual diversity to the urban area and optimize their visual and personal accessibility to residents. The intent of this amendment is to permit taller buildings on a certain specific property while still preserving the views to and from Skinner Butte. The height standards in the amendment are still more restrictive than those in adjacent zones or other areas of the Downtown Riverfront Special Area Zone, so they will preserve views to and from Skinner Butte. E.6 Local jurisdictions shall carefully evaluate their development regulations to ensure that they address environmental design considerations, such as, but not limited to, safety, crime prevention, aesthetics, and compatibility with existing and anticipated adjacent uses (particularly considering high and medium density development locating adjacent to low density residential). Consistent with this policy, the amendment provides a creative solution to preserving the views to and from Skinner Butte while promoting commercial and residential development downtown. Envision Eugene Comprehensive Plan The Envision Eugene Comprehensive Plan does not contain any policies relevant to this amendment. Applicable Refinement Plans The Eugene Downtown Plan (2004) contains policies relevant to this amendment: Chapter 1: Strong Regional Center, Policy 1. Downtown development shall support the urban qualities of density, vitality, livability and diversity to create a downtown, urban environment. The amendment supports the development of a denser, more peopled downtown. Additionally, it represents regulatory flexibility that makes residential development more appealing to property owners as an alternative to leaving downtown land as vacant lots, surface parking, or similar uses with significant negative externalities. The amendment and its promotion of additional residential units, vitality, and downtown livability are consistent with this policy. Chapter 2: Building a Downtown, Policy 2. Use downtown development tools and incentives to encourage development that provides character and density downtown. Reasonable use of tools such as height limitation areas in combination with incentives such as increased height allowances can achieve the multiple goals of downtown density, appreciation of natural landscapes, and the other priorities embodied in the Skinner Butte Height Limitation Area. The amendment is consistent with this policy. Chapter 3: Great Streets, Policy 1. Emphasize Broadway, Willamette Street, 5th and 8th Avenues as Great Streets through public improvements and development guidelines. {00438857;1} Findings - 7  Include portions of these streets as follows: • Willamette between 5th and 13th Avenues • Broadway between Lincoln and Hilyard • 5th Avenue between Lincoln and High Street (with potential extension to the Willamette River) • 8th Avenue between Willamette Street and the Willamette River. 5th Avenue is a key linkage between the Downtown Riverfront–including the affected property–and the rest of downtown, and its continued importance to downtown has led to the development growing around it: the 5th Street Market. Flexibility in development standards around this great street will incentivize filling gaps in the streetscape. Additionally, with the completion of the 5th Avenue extension to the Riverfront, this area has become an important connection between downtown and the Willamette River. The amendment is consistent with this policy. Chapter 5: Living Downtown, Policy 1. Stimulate multi-unit housing in the downtown core and on the edges of downtown for a variety of income levels and ownership opportunities. The amendment would open new options for development on the subject property, including higher counts of residential units than would be possible under the current code. The amendment is consistent with this policy. Chapter 6: Downtown Riverfront, Policy 4. Facilitate dense development in the courthouse area and other sites between the core of downtown and the river. 5th Avenue has been extended into the Downtown Riverfront and now represents a major corridor for connection between downtown and the river. Existing and future developments are poised to make this area one of the busiest subdistricts in the city’s core. The amendment would facilitate denser development in key locations, and it is therefore consistent with this policy. Based on the above findings, the proposal is consistent with and supported by the applicable provisions of these adopted plans. (3) The amendment is consistent with EC 9.3020 Criteria for Establishment of an S Special Area Zone, in the case of establishment of a special area zone. The amendment does not establish a special area zone. Therefore, this criterion does not apply. {00438857;1} Findings - 8