Planning Commission

AGENDA Meeting Location: Sloat Room—Atrium Building Phone: 541-682-5481 99 W. 10th Avenue 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 hour notice prior to the meeting. Spanish-language interpretation will also be provided with 48 hour notice. To arrange for these services, contact the Planning Division at 541-682-5675. MONDAY, JUNE 8, 2015 – REGULAR MEETING (11:30 a.m. to 1:30 p.m.) 11:30 a.m. I. PUBLIC COMMENT The Planning Commission reserves 10 minutes at the beginning of this meeting for public comment. The public may comment on any matter, except for items scheduled for public hearing or public hearing items for which the record has already closed. Generally, the time limit for public comment is three minutes; however, the Planning Commission reserves the option to reduce the time allowed each speaker based on the number of people requesting to speak. 11:40 a.m. II. CLEAR LAKE OVERLAY ZONE Staff: Zach Galloway, 541-682-5485 1:15 p.m. IV. ITEMS FROM COMMISSION AND STAFF A. Other Items from Staff B. Other Items from Commission C. Learning: How are we doing? Commissioners: Steven Baker; John Barofsky; Rick Duncan; John Jaworski (Vice-Chair); Jeffrey Mills; Kristen Taylor; William Randall (Chair)  AGENDA ITEM SUMMARY June 8, 2015 To: Eugene Planning Commission From: Zach Galloway, City of Eugene Planning Division Subject: Envision Eugene – Update on the Clear Lake Overlay Zone ACTION REQUESTED The Planning Commission will hold a work session to receive an update on the proposed /CL Clear Lake Overlay Zone and its role in the urban growth boundary (UGB) expansion (See Attachment B for a map of the study area). No formal action is requested at this time. BRIEFING STATEMENT The /CL Clear Lake Overlay zone (Attachment A) is a component of the overall UGB adoption package. It is a regulatory tool intended to address two issues: (1) the preservation of large development sites for light-medium industrial and campus employment uses and (2) address environmental justice-oriented concerns around the siting of additional industrial and employment uses in an area of existing concentration. Large Lot Preservation The state of Oregon requires all local jurisdictions to undertake an Economic Opportunity Analysis (EOA) as part of a UGB expansion analysis. The EOA identifies competitive advantages and businesses that are likely to locate in a city, along with the typical site characteristics associated with those businesses. The site characteristics are an important legal aspect of the City’s reasons for proposing to add land to the UGB. In the local economic opportunity analysis, one key site characteristic is the size of the lot available for development. Eugene currently has a deficit of sites over 10 acres in size to meet the projected 20-year need. The recognized deficit will be remedied by the proposed expansion, and the various types of business forecast to locate here inform the general site sizes needed, which range from 10 acres to more than 75 acres. The /CL Overlay zone will protect these lots from subdivision into smaller lots; moreover, it preserves the necessary supply of lots in the four site size ranges, as summarized in Table 1., below. Table 1. Economic Opportunity Analysis’ Large Lot site size ranges and quantity Site size ranges (acre) Minimum No. of Sites 10-19 4 20-49 2 50-74 3 75 and larger 2 The overlay zone provides a level of certainty that the City will satisfy the large lot demand for 11 development sites, while providing flexibility that allows a property owner to respond to site- or PC Agenda - Page 1 development-specific needs. The overlay proposes two implementation options. The first is prescriptive and requires large lots be provided in the physical arrangement depicted on the map in Attachment A, while the second option offers flexibility to rearrange the needed development sites. In both cases, the minimum number of large lots within the Clear Lake area must be provided, and a minimum lot size of 10 acres is established. Environmental Justice During the Envision Eugene recommendation process in March 2012, the City Council directed Planning staff to consider environmental justice (EJ) issues associated with the proposed siting of residential land uses in the Clear Lake expansion area. Upon further study of potential residential expansion areas, the Clear Lake area was removed from consideration and proposed instead for campus employment uses similar to those found in the Chad Drive campus employment area. During the fall of 2013 and summer of 2014, Planning staff worked with UO graduate students who conducted planning and land use best practices research and completed an EJ briefing paper which was shared with interested community members in two focus group meetings, as well as the Planning Commission. The ‘environmental justice’ banner is broad, and below it there are numerous subjects to address; therefore, the scope of the /CL Overlay is limited to those factors best addressed through land use regulations. Other recommendations, such as collaborating with Lane County Health Department to complete Health Impact Assessments, will occur outside of the regulatory framework. The proposed code language incorporates inter-agency coordination efforts with the Lane Regional Air Protection Agency (LRAPA), increased neighborhood involvement opportunities, and attempts to avoid potential negative impacts created by future industrial or employment uses. To those ends, the /CL Overlay requires the following:  All proposed developments in the area must hold a neighborhood meeting.  Performance standards for noise, lighting, separation, and indoor activity are applied in addition to the base zone standards. Odor and vibration nuisances will also be addressed.  Certain uses must be separated by 1,000 feet from any property planned for school or residential use.  Certain uses are prohibited due to the high probability of potential hazardous or nuisance emissions. INVOLVED PARTIES Subcommittee The /CL Overlay has been drafted with the assistance of an 8 member subcommittee.  3 Planning Commissioners  2 Sustainability Commissioners (1 is also a resident of the Bethel neighborhood)  1 Human Rights Commissioner  1 Toxics Board member  1 Beyond Toxics member In addition to Planning staff, the City’s Toxics Right-to-Know program coordinator also participated. Agency Coordination Planning staff has coordinated with the Lane County Public Health Department, Lane Regional Air Protection Agency, and the City’s Toxics Right-to-Know Program throughout this project. These PC Agenda - Page 2 agencies have provided valuable data and sources for sound decision making during the code writing process. Additionally, the Environmental Justice Focus group participants will be provided an opportunity to review the draft and submit comments prior to its finalization and inclusion in the UGB adoption package for broad public review. NEXT STEPS The /CL overlay is still in development. Planning staff welcomes any ideas, comments, and questions from the Commission and will work with the Subcommittee to address them. The subcommittee has met 4 times and will finalize their role in the draft with a concluding meeting later in June. At that point, the EJ focus group will be asked to review and provide comments. In late June, Planning staff will hold a community open house in the Bethel neighborhood to discuss the UGB expansion area, the draft /CL Overlay zone, and next steps for planning in the area. Staff will return to the Planning Commission with a final draft as a component of the overall UGB adoption package later this summer. FOR MORE INFORMATION Zach Galloway: 541-682-5485, zach.a.galloway@ci.eugene.or.us ATTACHMENTS A. DRAFT Clear Lake Overlay Zone: Version 5 (June 1, 2015) B. Map of proposed UGB expansion area PC Agenda - Page 3  Attachment A /CL Clear Lake Overlay Zone GENERAL 9.4150 Purpose of /CL Clear Lake Overlay Zone. The /CL Clear Lake Overlay Zone is intended to provide and protect the City’s large-lot [>10 acres] industrial portfolio and ensure future development fulfills the community’s desired outcomes for economic prosperity and increased employment opportunities, while addressing environmental justice concerns. The /CL Overlay implements supporting comprehensive plan policies that call for fairness and equity in achieving a healthy environment, vibrant community, and improved quality of life for surrounding neighborhoods. In addition to the permitted uses in the base zone, future development in the Clear Lake Area should build upon Eugene’s competitive advantages and recognize the community’s values around climate change, sustainability, local food systems, and natural resources. 9.4155 Applicability. The /CL overlay zone applies to all property to which the /CL Clear Lake Overlay Zone has been applied through the city’s rezoning process. The provisions of the /CL overlay zone supplement those of the applicable base zone. Where the overlay zone and base zone provisions conflict, the requirements of this overlay apply. 9.4160 Siting Requirements. If consistent with the approval criteria in EC 9.8865 Zone Change Approval Criteria, the /CL overlay zone may be applied to the area depicted as Light-Medium Industrial and Campus Industrial in Figure 9.4165. Clear Lake Area. LAND USE, DEVELOPMENT STANDARDS, AND PERMIT REQUIREMENTS 9.4165 Large-Lot Portfolio – Development and Site Needs (1) Minimum lot size. Lands covered by the Clear Lake Overlay shall not be subdivided to create lots that are less than 10 acres. The following sections (2) and (3) shall be implemented through the EC 9.8210 Partitions or EC 9.8510 Subdivision application processes. In addition to the General Approval criteria of each section, the follow large lot portfolio standards are applicable. (2) Prescriptive option [CONCEPT: DO WHAT THE MAP SHOWS]. Development proposals shall subdivide and develop lots consistent with the development site size ranges depicted in Figure 9.4165. Clear Lake Area – Sub-Areas and Large Lot Portfolio. The designated sites follow tax lot lines, public rights-of-way, and natural drainage features to the the greatest degree practicable. (a) Development has flexibility to provide lots within the designated size range, as listed in Table 9.4165(2). The required site size range may preclude further lot division. (b) Sites designated for a particular range – A through D in Table 9.4165(2) – must provide at least 1 lot within the size range. Additional lots may be created in accordance with the minimum lot size standard in section (1), above. 2015-05-15 -1- DRAFT_CLOverlay_V4 PC Agenda - Page 4  Attachment A /CL Clear Lake Overlay Zone Table 9.4165(2). Large Lot Portfolio – Development site needs Site size ranges (acre) Minimum No. of Sites A. 10-19 4 B. 20-49 2 C. 50-74 3 D. 75 and larger 2 (3) Flexible option [CONCEPT: MOVE THE PUZZLE PIECES AROUND]. As an alternative to subsection (2), development proposals within one of the sub-areas depicted in Figure 9.4165. Clear Lake Area – Sub-Areas and Large Lot Portfolio may alter the prescriptive physical arrangement of lots in that sub-area, pursuant to the following criteria: (a) The minimum lot size of subsection (1) remains applicable. (b) All proposed lots must fall within the site size ranges listed in Table 9.4165(3). (c) The proposal demonstrates that it advances the City’s goal to provide the minimum number of large lots within a subarea and does not preclude the ability of adjacent parcels to subdivide, as provided in Table 9.4165(3). Table 9.4165(3). Large Lot Portfolio – Minimum development site needs by sub-area Minimum No. of Sites per Site size range Sub-area A. 10-19 B. 20-49 C. 50-74 D. 75 and larger North --- 1 --- 1 Central 2 --- 2 1 South 2 1 1 --- (4) Reducing minimum lot size. Once the minimum number of lots required within the particular sub-area (Figure 9.4165) has been provided, an applicant may use this option to subdivide below the 10 acre minimum, thereby reverting to the base zone standard. Applicants shall demonstrate that the minimum number of sites within the Large Lot Portfolio have been provided in order to justify the subdivision. 9.4170 Special Application and Development Standards (1) Application Requirements. In addition to standard required application material, an applicant shall address the following criteria: (a) Demonstrate that the Lane Regional Air Protection Agency (LRAPA) has reviewed the proposal and issued a pre-clearance letter that confirms the proposed use and associated operations are in compliance or have the ability to meet air quality standards with appropriate mitigation measures. The LRAPA pre-clearance letter does not constitute formal approval of the use by either LRAPA or the City of Eugene. (2) Development Standards. In addition to the development standards of the applicable Employment and Industrial base zones, developments within the Clear Lake overlay shall adhere to the provisions marked therein and described in subsection (a) through (d), below. (a) Neighborhood Meeting. All applicants covered by the /CL Clear Lake Overlay shall convene a neighborhood meeting in accordance with the process described in EC 2015-05-15 -2- DRAFT_CLOverlay_V4 PC Agenda - Page 5  Attachment A /CL Clear Lake Overlay Zone 9.7007. In addition to the procedural requirements of EC 9.7007, applicants shall provide notice of the meeting to the Lane Regional Air Protection Agency, Lane County Public Health Department, and the City’s Toxics Right-to-Know program. (b) Performance Standards. The following performance standards are applicable to all development within the Clear Lake Overlay. Applicants shall demonstrate at the time of submittal how a proposed use complies with each City standard. 1. Noise. The proposed use shall adhere to the Environmental Noise Disturbance standards in EC 6.750. In addition to the standards therein, measurements of the 60 dBA limitation shall also be applicable to property lines of adjacent, affected public lands (e.g., schools, public parks). 2. Lighting. The proposed use shall adhere to the Outdoor Lighting standards in EC 9.6725. 3. Stormwater. The proposed use shall adhere to the Stormwater standards in EC 9.6790 through 9.6797. This standard is not eligible for adjustment. 4. Indoor Activity. Manufacturing operations of the proposed use shall be conducted indoors on lots located south of Clear Lake Road. 5. Odors. Emission of smoke, dust, fumes, vapors, odors, or gases shall not be noticeable at the property line by a human observer relying on human senses without the aid of a device. Water vapor (i.e., steam) is exempt. (Additionally, the permit requirements of the State and/ or LRAPA remain applicable.) 6. Vibration. Uses shall be operated so that any generated ground vibrations – continuous or recurrent – are not perceptible, without instruments, at any point along the property boundary in which the use is located. (c) Separation. The permitted uses in Table 9.4170(2) shall not be located within 1,000 feet of properties planned for schools or residential use. Table 9.4170(2). Permitted Uses affected by Separation requirement Manufacturing (Includes processing, assembling, packaging, and repairing) Concrete Mixing and Batching Metal Products Fabrication, machine/welding shops (no blast furnaces) Motor Vehicles and Transportation Equipment Paints and Allied Products Paper and Allied Products (excludes mills converting raw material, i.e. pulp, to paper) Recycling – composting, facilities requiring DEQ permit Motor Vehicle Related Uses Service Station, includes quick servicing Trucking Terminal Trade (Retail and Wholesale) Wholesale, Warehousing, and Distribution (3) Prohibited Uses. The uses in Table 9.4170(3) are not permitted within the area covered by the Clear Lake Overlay zone. The prohibited uses are not eligible for adjustment in EC 9.4175. Table 9.4170(3). Uses Prohibited in the Clear Lake Overlay Zone 2015-05-15 -3- DRAFT_CLOverlay_V4 PC Agenda - Page 6  Attachment A /CL Clear Lake Overlay Zone Agricultural, Resource Production and Extraction Mineral Resource Mining, Recovery, Stockpiling, Processing (excluding smelter or ore reduction) Entertainment and Recreation Race Track, including drag strip and go-cart tracks Manufacturing (Includes processing, assembling, packaging, and repairing) Asphalt Mixing and Batching Chemical products (includes synthetic fertilizers) Cleaning and Dyeing Plant Concrete, Gypsum, and Plaster Products Chrome and Nickel plating Manufactured and mobile homes Petroleum/ Fuel refining and re-refining Paper mill (conversion of raw material, i.e. pulp, to paper) Reconstituted Wood Products Recreational vehicles Wood Preservation Co-generation Plant/ Bio-mass Rubber and Plastic Products (includes tire manufacturing and re-tread operations) Medical, Health, and Correctional Services Correctional Facility, excluding Residential Treatment Center Personal Services Dry Cleaner Utilities and Communication Wastewater (sewer) treatment facility Other Commercial Services Garbage Dump, Sanitary Land Fill 9.4175 Adjustments Adjustments to the standards of EC 9.4170(2)(b) and (c) in this section may be made based on criteria at EC 9.8030(36) /CL Clear Lake Overlay Zone. [***SUBCOMMITTEE: See page 7 for the draft criteria***] 2015-05-15 -4- DRAFT_CLOverlay_V4 PC Agenda - Page 7  Attachment A /CL Clear Lake Overlay Zone Figure 9.4165. Clear Lake Area – Sub-Areas and Large Lot Portfolio FIGURE KEY Site size ranges (acre) A: 10-19 B: 20-49 C: 50-74 D: 75 and larger 2015-05-15 -5- DRAFT_CLOverlay_V4 PC Agenda - Page 8  Attachment A /CL Clear Lake Overlay Zone OTHER CODE AMENDMENTS IN THIS AMENDMENT PACKAGE  Review and likely strike 5 acre maximum area for I-2 zone siting requirements. Review ‘floating zone’ concepts in prior Code and any Metro Plan enabling language, then determine if they remain applicable. +++++++++++++ Insert change to EC 9.1040 +++++++++++++ 9.2450 Employment and Industrial Zone Land Use and Permit Requirements. The following Table 9.2450 Employment and Industrial Zone Land Use and Permit Requirements identifies those uses in the Employment and Industrial Zones that are: (P) Permitted. … Table 9.2450 Employment and Industrial Zone Land Use and Permit Requirements E-1 E-2 I-2 I-3 Accessory Uses Accessory Uses. Examples include administration P P P P offices, and storage and distribution incidental to the primary use of the site. Agricultural, Resource Production and Extraction Horticultural Uses. Examples include field crops, P P P P orchards, berries, and nursery or flower stock. +++++++++++++ 9.7007 Neighborhood/Applicant Meetings. (1) This section applies to the following types of land use applications: (a) Type II: 3-lot partitions, tentative subdivisions, tentative cluster subdivisions and design reviews; (b) Type III: Only conditional use permits and tentative planned unit developments; (c) Type IV applications that are not city-initiated; (d) Metro Plan amendments that are not city-initiated. (e) All development proposal within the /CL Clear Lake Overlay zone. +++++++++++++ Insert change to Table 9.7820 Equivalent Zones and Overlay Zones +++++++++++++ 9.8030 Adjustment Review - Approval Criteria. The planning director shall approve, conditionally approve, or deny an adjustment review application. Approval or 2015-05-15 -6- DRAFT_CLOverlay_V4 PC Agenda - Page 9  Attachment A /CL Clear Lake Overlay Zone conditional approval shall be based on compliance with the following applicable criteria. … (36) /CL Clear Lake Overlay Zone. Where this land use code provides that the performance standards of the /CL overlay zone may be adjusted, the adjustment request shall be granted upon demonstration by the applicant that the alternative approach is consistent with the applicable corresponding criteria, as follows: (a) Development will improve public access to open space and restore ecological functions of natural resources on-site. (b) The proposed use advances the City’s goals for increased employment opportunities by exceeding an average of 10 employees per acre. (c) Development is consistent with local and regional economic development goals (i.e., it is one of the targeted industries from the EOA (2014) or Regional Prosperity Plan (2010)). (d) Demonstrate the resulting development impacts will have negligible effects on the surrounding residents, school, and park users and explain how alternative mitigation measures will offset the non-compliance. +++++++++++++ Insert cross-references + changes to EC 9.8215/ 8220 Partitions, EC 9.8415 Property Line Adjustment, EC 9.8515/ 8520 Subdivision, and EC 9.8855/ 8865 Zone Change. +++++++++++++ 2015-05-15 -7- DRAFT_CLOverlay_V4 PC Agenda - Page 10 Clear Lake Area: Recommended UGB Expansion Attachment B Hollis Ln Brown Ln Prairie Rd Awbrey Ln Eugene UGB Link Rd Green Hill Rd Northrop Dr Light-Medium Industrial Ln No rth rop Airport Lockheed Dr Monya Ln ction Ct Au Northop Dr ay nW ctio Au Woodruff St E Enid Rd Douglas Dr Prairi e Rd W Enid Rd Airport Rd !!! Hallett St Old Airport Rd ! ! ! ! !! ! Kelso St !!! Zumwalt St e o Av Airport Rd Cl e Carol Ave Leda Way Cecil Ave ! (99N Terry St. Ext. (Conceptual) Kokkeler Rd Light-Medium Industrial Gent Rd O v e r l a y !!! uality Water Q !!! ! ! ! ! !! ! Clear Lake Rd Irving Rd ! !! ! ! ! ! !!! !!! Campus Industrial Theona Ext. (Conceptual) Theona Dr Green Hill Rd Government & Education Parks & e Current Eugene Urban Growth Boundary (UGB) Open Space el tl i n B Proposed Clear Lake Rd UGB Expansion Area Wilbur Ave pe McDougal Ln Pa Ashley Ln Light-Medium Industrial (LMI) designation Water Quality Overlay Randy Elizabeth St Arnold Ave Jessen Dr Jessen Dr Campus Industrial designation N Te r r y S t Green Hill Rd Jessen Dr Rosebay St on North Way Wisconsin St Dakota St ev Commercial designation Melrose Lp Minnesota St Sugarpine Cir Tr Ohio St W Irwin Way l a re y St Devos St St C ubi t N C E Irwin Way Noah St tivy Ave Mangan St C oe Government & Education designation St Cody Ave Parks & Open Space designation Proposed UGB Expansion Acreage 1 inch = 425 feet Light Medium Ind 520 Water Quality Overlay Stormwater Conveyance channels Campus Ind 127 Commercial 001 Golden Gardens 222 I Notes: This map is based on imprecise source data, subject to Bethel Schools 054 change, and for general reference only. This illustration is created to inform discussion within the scope of N'hood Commercial !! Water Bodies TOTAL 924 the Envision Eugene project. ! !! ! !! ! !! Data Sources: City of Eugene, Lane County, RLID, Air photo 2013 Name: 14-12-05_Clear_Lake_RECOMMENDATION_No_City_Limit Date Saved: 12/5/2014 PC Agenda - Page 11