Planning Commission

AGENDA EUGENE PLANNING COMMISSION McNutt Room, City Hall 777 Pearl St. www.eugene‐or.gov/pc Eugene, OR 97401 The Eugene Planning Commission welcomes your interest in these agenda items. Feel free to come and go as you please at any of the meetings. This meeting location is wheelchair‐accessible . For the hearing impaired, FM assistive‐listening devices are available or an interpreter can be provided with 48 hours notice prior to the meeting. Spanish‐language interpretation will also be provided with 48 hours notice. To arrange for these services, contact the receptionist at 541‐ 682‐5481. Telecommunications devices for deaf assistance are available at 541‐682‐5119. TUESDAY, NOVEMBER 15, 2011 – 6:00 P.M. I. PUBLIC HEARING & POSSIBLE RECOMMENDATION: CODE AMENDMENT: Proposed amendment to clarify that an outpatient clinic operated by the United States Department of Veterans Affair s is a permitted use under the Government Services category in the I‐1 Campus Industrial zone. Lead City Staff: Alissa Hansen, 541‐682‐5508 Public Hearing Format The Planning Commission will receive a brief City staff report followed by an opportunity for the public comment. Time limits on testimony may be imposed. The Planning Commission may seek a response to testimony from City staff. At the end of the hearing, the Planning Commission Chair will announce whether the record is closed, the record will be held open, or the public hearing will be continued. PC Public Hearing AIS November 15, 2011 - Page 1 PC Public Hearing AIS November 15, 2011 - Page 2  AGENDA ITEM SUMMARY November 15, 2011 To: Eugene Planning Commission From: Alissa Hansen, Planning Division Subject: Public Hearing for Land Use Code Amendment: Allowance for a Veterans Affairs Clinic in the I-1 Campus Industrial Zone (City File CA 11-1) ACTION REQUESTED To hold a public hearing and begin deliberation (with possible action) on a proposed code amendment to allow an outpatient clinic operated by the United States Department of Veterans Affairs as a permitted use under the Government Services category in the I-1 Campus Industrial zone. BRIEFING STATEMENT Earlier this year, City Council initiated a land use code amendment to remove a barrier within the I- 1 Campus Industrial zone that restricts the siting of a clinic operated by the United States Department of Veterans Affairs. The Eugene Code requires City Council initiation of any amendment to the land use code. City Council initiation of such an amendment does not infer City Council support for the amendment, but rather begins the public process through which the Council will consider the merits of the amendment Members of the City Council have expressed interest in supporting the siting of a new Veterans Affairs (VA) outpatient clinic in Eugene. Although much of the current siting process is controlled by the Department of Veterans Affairs, the City can have an influence through its land use code. Currently, clinics are permitted outright in all commercial zones (except C-4 Commercial/Industrial Zone) and several special area zones (Chase, Whiteaker and Walnut), and are allowed in the limited-high and high density residential zones subject to a conditional use permit. Clinics are currently not allowed in any industrial zones. While a government operated VA clinic is likely not compatible with the range of manufacturing uses permitted in the light-medium and heavy industrial zones, it may be appropriate to be sited along with the types of employment allowed in campus industrial areas. This code amendment would clarifies that a government operated VA clinic is permitted outright in the I-1 zone under the government use category, but would not allow other types of clinics or medical health treatment facilities to be located within the I-1 zone. Because the VA is currently seeking a site with a minimum of 13 acres, the allowance of this use in the I-1 Campus Industrial zoned areas provides more options and flexibility in the siting of the VA clinic in Eugene given the amount of I-1 zoned land that is vacant. Staff believes this narrowly defined amendment would help facilitate the City Council’s goal to support a new VA facility in Eugene while maintaining the PC Public Hearing AIS November 15, 2011 - Page 3 overall intent and purpose of the I-1 zone. A map of all I-1 zoned properties is included as Attachment A and draft code language is provided as Attachment B. PUBLIC NOTICE AND TESTIMONY Notice of the public hearing was sent to all neighborhood organizations, the City of Springfield, Lane County, and community groups and individuals who have requested notice. Notice was also published in the Register Guard as required for legislative actions. In addition to the required notification, staff provided further notice to owners of I-1 properties. As of the writing of this staff report, staff has received public testimony in general support of the proposed amendment (see Attachment D). Additional testimony received in advance of the public hearing will also be included in the record and forwarded to the Planning Commission for consideration. APPLICABLE CRITERIA The Eugene Planning Commission shall address the relevant approval criteria from section 9.8065 of the Eugene Code (EC) in making recommendations to the Eugene City Council on the proposed ordinance, as listed below in bold italic. Preliminary findings addressing the required approval criteria have been prepared by staff and are provided as Attachment C. EC 9.8065 Code Amendment Approval Criteria. If the city council elects to act, it may, by ordinance, adopt an amendment to this land use code that: (1) Is consistent with applicable statewide planning goals as adopted by the Land Conservation and Development Commission. (2) Is consistent with applicable provisions of the Metro Plan and applicable adopted refinement plans. (3) In the case of establishment of a special area zone, is consistent with EC 9.3020 Criteria for Establishment of an S Special Area Zone. RECOMMENDATION Staff recommends that following the public hearing and deliberation, the Planning Commission recommend adoption of the proposed code amendment. In the event an additional meeting is needed for action on this item, time is set aside at the Planning Commission meeting on December 12, 2011. Following Planning Commission’s deliberation and recommendation, the City Council is scheduled to hold a public hearing on January 17, 2012, and is scheduled to take action on the proposed amendment on February 13, 2012. ATTACHMENTS A. Map of I-1 Campus Industrial Zoned Properties B. Proposed Code Language C. Preliminary Findings D. Public Testimony FOR MORE INFORMATION For additional information, please contact Alissa Hansen by telephone at 541-682-5508 or via email at alissa.h.hansen@ci.eugene.or.us. PC Public Hearing AIS November 15, 2011 - Page 4  Attachment A I-1 Zoned Properties GREEN HILL RD HWY 99N PRAIRIE RD E PEARL ST BEACON DR AWBREY LN SCENIC DR LYNNBROOK DR I5 NB E ENID RD IRVINGTON DR WILKES DR AIRPORT RD AIRPORT RD MC KE PRAIRIE NZ IE V IE W CLEAR LAKE RD DR RD IRVING RD HUNSAKER LN COUNTY FARM RD AYRES R D WB BELTLINE RD PARK V IEW D RIVER AVE R GREEN ACRES RD I5 SB R I VE R NC Y COBURG RD EB BELTLI CH SB D HOWARD AVE N AD T E RD ERNATIONAL WAY EY S R INT BARGER DR D RD ELTA LEGACY ST GILHAM RD L AR ECHO HOLLOW RD N TERRY ST HW TANEY ST HORN LN NO BE RT I5 TH HW EL NB D E BAILEY LN GREEN HILL RD OAKWAY RD ROYAL AVE DR ST EX GATEWAY ST ELTA PR ES HARLOW RD ELM IRA RD SW HW Y ROOSEVELT BLVD AY LE EB I105 WB I105 I105 EB I105 BELTLINE RD W 1ST AVE O WB S DANEBO AVE HA W 2ND AVE RR M ENLO LP IS MILL ST W 5TH AVE W 6TH AVE E 4TH AVE RAINBOW DR E BLVD PK ASPEN ST ED CON W 7TH PL W BAILEY HILL RD W 7TH AVE Y POLK ST S BERTELSEN RD W 11TH AVE HIGH ST W D ST BRITT W 13TH AVE CROW S A ST CITY VIEW ST ANY S 5 SB I W 18TH AVE RD AUGUSTA ST E 19TH AVE T LINCOLN ST EK RD ON S 2N CHAMBERS ST W CRE WILLO W 24TH AVE RP HAWKINS E 24TH AVE T DS LN WILLAMETTE ST W 28TH AVE HILYARD ST AGATE ST SPR ON D R I NG CREST D MAZ DR BLV D E 30TH AV I5 SB WA E BRAE BURN E 40TH AVE E 46 R TH A ST VE RD GIMPL HILL DONALD MCBETH RD S WILLAMETTE ST LORANE HWY D IL LA R DR D I-1 Zoned Property Eugene PC PublicUGB Hearing AIS November 15, 2011 - Page 5 0 2500 5000 Ft 10000 9/19/11 ´ PC Public Hearing AIS November 15, 2011 - Page 6  Attachment B Draft Code Language Proposed new code language in bold italic. Section 9.2450 of the Eugene Code, 1971, is proposed to be amended by revising the “Government” section of Table 9.2450 to provide: 9.2450 Industrial Zone Land Use and Permit Requirements. The following Table 9.2450 Industrial Zone Land Use and Permit Requirements identifies those uses in the Industrial Zones that are: (P) Permitted, subject to zone verification. (SR) Permitted, subject to an approved site review plan or an approved final planned unit development. (C) Subject to a conditional use permit or an approved final planned unit development. (S) Permitted subject to zone verification and the Special Development Standards for Certain Uses beginning at EC 9.5000. (#) The numbers in ( ) in the table are uses that have special use limitations that are described in EC 9.2451. The examples listed in Table 9.2450 are for informational purposes and are not exclusive. Table 9.2450 does not indicate uses subject to Standards Review. Applicability of Standards Review procedures is set out at EC 9.8465. EC 9.2450: Table 9.2450 Industrial Zone Land Use and Permit Requirements I-1 I-2 I-3 Government Government Services, not specifically listed in this or any P P P other uses and permit requirements table. An example could include: a fire station Outpatient clinic operated by the United States P Department of Veterans Affairs. PC Public Hearing AIS November 15, 2011 - Page 7 PC Public Hearing AIS November 15, 2011 - Page 8  Attachment C Findings of Consistency Land Use Code Amendment to allow a Veterans Affair Clinic as a Government Use in the I-1 Campus Industrial Zone (City File CA 11-1) Code Amendment Eugene Code Section 9.8065 requires that the following approval criteria (in bold and 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 citizen involvement which insure the opportunity for citizens to be involved in all phases of the planning process and set out requirements for such involvement. This action does not amend the citizen involvement provisions included in these application processes. The process for adopting this amendment complies with Goal 1 because it is consistent with, and will not change the City’s existing and acknowledged citizen involvement provisions. The Planning Commission public hearing on the proposal was duly noticed to the City of Springfield, Lane County, and all neighborhood organizations, as well as community groups and individuals who have requested notice. In addition, notice of the public hearing was also published in the Register Guard. The City Council then held a duly noticed public hearing to consider approval, modification, or denial of the proposal. These processes afford ample opportunity for citizen involvement consistent with Goal 1. Therefore, the proposed ordinance is consistent with Statewide Planning Goal 1. Based on this information, the process followed 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. The Eugene Land Use Code specifies the procedure and criteria that are to be used in considering this amendment to the code. The record for this amendment includes substantial factual information supporting the proposed ordinance. 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. To comply with the Goal 2 coordination requirement, the City engaged in an exchange about the subject of this amendment with all of the affected governmental units. Specifically, the City provided notice of the proposed action and opportunity to comment to Lane County, Springfield and the Department of Land Conservation and Development. PC Public Hearing AIS November 15, 2011 - Page 9 There are no Goal 2 Exceptions required for this amendment. Therefore, the amendment is consistent with Statewide Planning Goal 2. Goal 3 - Agricultural Lands. To preserve agricultural lands. The amendment is for property located within the urban growth boundary and do not affect any land designated for agricultural use. Therefore, Statewide Planning Goal 3 does not apply. Goal 4 - Forest Lands. To conserve forest lands. This amendment is for property located within the urban growth boundary and do not affect any land 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. This amendment does not create or amend the city’s list of Goal 5 resources, do not amend a code provision adopted in order to protect a significant Goal 5 resource or to address specific requirements of Goal 5, do not allow new uses that could be conflicting uses with a significant Goal 5 resource site and do not amend the acknowledged UGB. Therefore, Statewide Planning Goal 5 does not apply. 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. This amendment does not affect the City’s ability to provide for clean air, water or land resources. Therefore, Statewide Planning Goal 6 does not apply. 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 PC Public Hearing AIS November 15, 2011 - Page 10 Findings of Consistency (File CA 11-1) Page 2 of 6 and property from natural hazards such as floods, land slides, earthquakes and related hazards, tsunamis and wildfires. The Goal prohibits a development in natural hazard areas without appropriate safeguards. This amendment does not affect the City’s restrictions on development in areas subject to natural disasters and hazards. Further, the amendment does not allow for new development that could result in a natural hazard. Therefore, Statewide Planning Goal 7 does not apply. 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 the provision of recreational facilities to Oregon citizens and is primarily concerned with the provision of those facilities in non-urban areas of the state. The code amendment does not affect the city’s provisions for recreation areas, facilities or recreational opportunities. Therefore, Statewide Planning Goal 8 does not apply. 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. The Administrative Rule for Statewide Planning Goal 9 (OAR 660, Division 9) requires cities to evaluate the supply and demand of commercial land relative to community economic objectives. The City’s Industrial Lands Inventory is acknowledged for compliance with the requirements of Goal 9 and its Administrative Rule. The amendment does not impact the supply of industrial or commercial lands. 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 that communities plan for and maintain an inventory of buildable residential land for needed housing units. The proposed amendment does not impact the supply or availability of residential lands included in the City’s documented supply of “buildable land” that is available for residential development as inventoried in the acknowledged 1999 Residential Lands Study. Therefore, Statewide Planning Goal 10 does not apply. 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: PC Public Hearing AIS November 15, 2011 - Page 11 Findings of Consistency (File CA 11-1) Page 3 of 6 (1) Amendments to functional plans, acknowledged comprehensive plans, and land use regulations which significantly affect a transportation facility shall assure that allowed land uses are consistent with the identified function, capacity, and performance standards (e.g. level of service, volume to capacity ratio, etc.) of the facility.... (2) A plan or land use regulation amendment significantly affects a transportation facility if it: (a) Changes the functional classification of an existing or planned transportation facility; (b) Changes standards implementing a functional classification system; (c) Allows types or levels of land uses which would result in levels of travel or access which are inconsistent with the functional classification of a transportation facility; or (d) Would reduce the performance standards of the facility below the minimum acceptable level identified in the TSP The amendment does not affect the provision of safe, convenient and economic transportation systems and does not significantly affect any transportation facilities. The amendment is not site specific, but rather clarifies the uses allowed in I-1 as including a government operated VA clinic. Goal 13 - Energy Conservation. To conserve energy. The amendment does not affect any of the City’s energy conservation measures or programs. Therefore, Statewide Planning Goal 13 does not apply. 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 regulation of areas within the Willamette River Greenway. 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 properties 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 Metro Plan and applicable adopted refinement plans. PC Public Hearing AIS November 15, 2011 - Page 12 Findings of Consistency (File CA 11-1) Page 4 of 6 The amendment simply clarifies that the government uses already allowed in I-1 include a government operated VA clinic. This does not raise consistency concerns with respect to the Metro Plan or refinement 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 to this amendment. Findings of Consistency (File CA 11-1) Page 5 of 5 PC Public Hearing AIS November 15, 2011 - Page 13 PC Public Hearing AIS November 15, 2011 - Page 14  Attachment D HANSEN Alissa H From: Bernie Corrigan <bgc@teleport.com> Sent: Thursday, October 20, 2011 2:38 PM To: HANSEN Alissa H Subject: Amendment to LUC to allow Vets Clinic To: Eugene Planning Commission The Friendly Area Neighbors Board of Directors supports an amendment to the Land Use Code to allow a government operated Veterans Affairs clinic as an allowed use in the I‐1 Campus Industrial Zone. We believe this would bring increased employment opportunities as well as customer increases to businesses in the Eugene area. Bernard Corrigan & Carlos Barrera Cochairs, FAN 1 PC Public Hearing AIS November 15, 2011 - Page 15