Planning Commission
Regular MeetingEugene, OR · July 20, 2015
Agenda
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, JULY 20, 2015 – REGULAR MEETING (11:30 a.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. SOUTH WILLAMETTE SPECIAL AREA ZONE: FINAL RECOMMENDATION
Lead City Staff: Gabe Flock, 541-682-5697
gabriel.flock@ci.eugene.or.us
12:10 p.m. III. ENVISION EUGENE: CLEAR LAKE
Lead City Staff: Zach Galloway, 541-682-5485
zach.a.galloway@ci.eugene.or.us
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; John Jaworski (Vice-Chair); Jeffrey Mills; Kristen
Taylor; William Randall (Chair); Breanna Nicolello
AGENDA ITEM SUMMARY
July 20, 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 (Attachment A) 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) environmental
justice concerns around the siting of additional industrial and employment uses in an area of existing
concentration.
Planning staff has worked with a subcommittee comprised of representatives from the Planning,
Sustainability, and Human Rights Commissions, as well as the Active Bethel Citizens and City’s Toxics
Board. In the course of developing the land use code, Planning has also closely coordinated with the
Lane Regional Air Protection Agency (LRAPA), Lane County Public Health, and the City’s Toxics Right-
to-Know program coordinator.
On June 24th, Planning staff held a public meeting in the Bethel community at Prairie Mountain
School to share an overview of the UGB expansion process, as well as an explanation of the Clear
Lake Overlay Zone and economic development planning efforts that will follow. Much of the
feedback received was centered on future prospects for economic development and the complexity
of wetlands mitigation. The primary request from attendees was for the City to continue working on
these issues after the UGB expansion process is complete.
CLEAR LAKE OVERLAY ZONE UPDATE
During the June 8th work session, the Commission raised several issues for the subcommittee to
consider. The following summarizes those key questions and provides staff responses.
Organizational format changes & Minor clarifications (Attachment A, pages 1 and 7)
The Clear Lake Overlay Zone (/CL) has been re-formatted to be consistent with the organizational
structure of other overlay zones in the Land Use Code. Language was also revised to ensure
application requirements and development standards applied to the appropriate types of
development. For example, the proposed language requires only development plans that include
PC Agenda - Page 1
an end user and vertical construction to coordinate with LRAPA, while all land use and
development applications will host a neighborhood meeting.
Odors and Vibration (Attachment A, page 2)
In June, the Commission posed two key questions on this topic. The first was whether the
standards as presently crafted were sufficient. The other was directed at future enforcement and
the City Code Enforcement team’s capacity. Planning staff took the issue back to the subcommittee
and met with Code Enforcement staff to address each. The City has a good track record on
enforcement of nuisance odors. Through mediation processes, Code Enforcement has been able to
reach positive resolution in most cases. In 20+ years of experience in the field, Code Enforcement
staff could not recall any vibration complaints. (This does not include occasional or temporary
vibrations attributed to construction activities.) The subcommittee heard this information and
chose to retain the existing general language in both the Odor and the Vibration criteria. The point
was made that despite lacking measurable regulations, these criteria set expectations and alert
developers to the fact that future enforcement is possible. Enforcement will continue to be
complaint based, and City staff is confident they will be able to cover the additional territory.
Separation and Prohibited Use standards (Attachment A, pages 2-3)
The Commission recommended adding brief explanations to the paragraph introducing both the
Separation and Prohibited Uses sections. This was intended to clarify why the standards apply to
the particular uses, while assisting property owners, developers, and decision makers when
considering adjustment requests. Effectively, this embeds legislative history in the Code, which is
unusual for the Eugene land use code. The subcommittee was supportive of the concept and
proposed language.
Also related to these subsections, a few permitted uses were moved from the Prohibited Uses list
to the Separation list, and two other uses were revised to have the intended effect. First, the
Manufactured and mobile homes manufacturer and Recreational vehicles manufacturer were
originally proposed to be prohibited. The concern around these uses was related to the odorous
materials and chemicals typically used in production. However, the manufacturing is conducted
indoors and properly filtered ventilation can overcome most concerns, so there was general
agreement among subcommittee members to shift these uses to the Separation subsection.
Next, the Race Track use in the Prohibited Uses section was revised to clarify that it applies to
outdoor activities only, thereby addressing the noise concerns. Lastly, the subcommittee has spent
considerable time focused on air quality concerns. In that vein, the subcommittee scrutinized the
prohibited use Cogeneration Plant/ Bio-mass. The subcommittee recognized that cogeneration
plants have varied fuel sources, only one of which is wood-based biomass. Depending on that
source, cogeneration can be an efficient energy production technique that fits our sustainability
values and aligns with our list of targeted industries. Ultimately, the subcommittee recommended
revising the permitted use to be more specific, thus allowing cogeneration facilities but prohibiting
those that burn wood products, which can increase particulate emissions and reduce overall air
quality.
Large Lot Portfolio (Attachment A, pages 3-4)
There have been no changes to this section since the June 8th Planning Commission meeting, and
PC Agenda - Page 2
review by the City Attorney’s Office found no legal faults with the concepts.
Adjustments (Attachment A, pages 4 and 8)
The Commission discussed whether the adjustment process should be available to the Prohibited
Uses list. Two of the questioned uses have been shifted to the Separation section. This was
intended to provide flexibility given the unforeseen advances in technology that could transform
present-day industrial operations into uses with very little external impacts in the future. The
subcommittee considered this position, but chose to preserve the prohibited use list and not make
the relatively short list of prohibited uses eligible for adjustment.
The adjustment criteria were retained, with some minor edits made to the fourth criterion. The
intent was unchanged.
NEXT STEPS
While work with the subcommittee has concluded, the /CL overlay is still a working draft. Planning
staff welcomes any ideas, comments, and questions from the Commission. Additionally, the
Environmental Justice Focus group participants will be provided an opportunity to review the draft
and submit comments. The Planning Commission will be provided with the final staff
recommendation as a component of the overall UGB adoption package for formal adoption this Fall.
FOR MORE INFORMATION
Zach Galloway: 541-682-5485, zach.a.galloway@ci.eugene.or.us
ATTACHMENTS
A. DRAFT Clear Lake Overlay Zone: Version 7 (NOTE: The bold, red text on pages 6-9 reflects
legislative format for those amended code sections. It does not signify greater importance.)
B. Map of proposed UGB expansion area
PC Agenda - Page 3
Clear Lake Area: Recommended UGB Expansion
Attachment B
Hollis Ln Brown Ln Prairie Rd
Awbrey Ln
Eugene
UGB
Link Rd
Green Hill Rd
I-2
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 I-2 Prairi
I-3
e Rd
W Enid Rd
I-2
Airport Rd !!! Hallett St
Old Airport Rd !
!
!
! !! ! Kelso St
!!! Zumwalt St
e
o Av
Airport Rd Cl e
Leda Way
Carol Ave
R-1
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
I-2
Theona Ext. (Conceptual)
Theona Dr
Green Hill Rd
Government
& Education
Parks &
e
Open Space n
R-1
tl i
el
Current Eugene Urban Growth Boundary (UGB)
B
Proposed Clear Lake Rd UGB Expansion Area Wilbur Ave
pe
R-1
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
R-1
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 4
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
industrial portfolio in the Clear Lake expansion area. A minimum of eleven large lots of various
sizes (10-20, 20-50, 50-75, and greater than 75 acres) will be provided as a means to 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 is encouraged to build upon Eugene’s competitive advantages and recognize
the community’s values around climate change, sustainability, local food systems, and natural
resources.
9.4155 /CL Clear Lake Overlay Zone Applicability.
EC 9.4150 through EC 9.4175 apply 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 Clear Lake
Overlay Zone supplement those of the applicable base zone. Where the overlay zone and base
zone provisions conflict, the requirements of this overlay shall apply.
9.4160 /CL Clear Lake Overlay Zone Siting Requirements.
When consistent with the approval criteria in EC 9.8865 Zone Change Approval Criteria, the /CL
Clear Lake Overlay Zone shall be applied to the area depicted as Light-Medium Industrial and
Campus Industrial in Figure 9.4170 Clear Lake Area – Large Lot Portfolio.
9.4165 /CL Clear Lake Overlay Zone Special Application and Development Standards
(1) Application Requirements. In addition to standard required application materials,
applicants in the Clear Lake Overlay Zone shall include the following at the time of submittal:
(a) All development and land use applications. Demonstration of compliance with EC 9.7007
Neighborhood/Applicant Meetings.
(b) New buildings, change of use, and expansions that exceed 1/4 of the existing square
footage. A pre-clearance letter issued by the Lane Regional Air Protection Agency
(LRAPA) confirming that the proposed use and associated operations have the ability to
meet air quality standards with appropriate control technologies and 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 base
and overlay zones, an applicant for development of a new building, change of use, or an
expansion that exceeds 1/4 of the existing square footage on the development site shall
demonstrate compliance with the following at the time of permit submittal:
(a) Performance Standards
1. Noise. The proposed use will comply with 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 along property lines of adjacent, affected
PC Agenda - Page 5
public lands (i.e., schools, public parks).
2. Lighting. The proposed use will comply with the Outdoor Lighting standards in EC
9.6725.
3. Stormwater. The proposed use will comply with the Stormwater standards in EC
9.6790 through 9.6797. This standard is not eligible for adjustment.
4. Indoor Activity. For development located south of Clear Lake Road only,
manufacturing operations of the proposed use shall be conducted indoors.
5. Odors and Emissions. Emission of smoke, dust, fumes, vapors, odors, or gases
associated with the proposed use shall not be noticeable at the property line by a
human observer relying on human senses without the aid of a device. 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 within which the proposed use is located.
(b) Separation. The permitted uses in Table 9.4165(2)(b) shall be located at least 1,000 feet
from the abutting property line of properties planned or used for public (i.e., schools,
public parks) or residential use. The uses listed below are those typically associated with
particulate discharge and unpleasant odors, both of which are considered nuisances and
inappropriate for siting adjacent to residences, schools, or parks. Control technologies
and mitigation techniques are encouraged and may be required by others.
Table 9.4165(2)(b) Permitted Uses Subject to Separation
Concrete Mixing and Batching
Manufactured and mobile homes manufacturer
Metal Products Fabrication, machine/welding shops (no blast furnaces)
Motor Vehicles and Transportation Equipment manufacturer
Paints and Allied Products manufacturer
Paper and Allied Products manufacturer (excludes mills converting raw material, i.e., pulp to
paper)
Recreational vehicles manufacturer
Recycling – composting, facilities requiring DEQ permit
Service Station, includes quick servicing
Trucking Terminal
Wholesale, Warehousing, and Distribution
(3) Prohibited Uses in the /CL Clear Lake Overlay Zone. The uses in Table 9.4165(3) are not
permitted within the /CL Clear Lake Overlay zone. The uses listed below are those that (a)
have particulate discharge or (b) have been historically associated with emissions that are
odorous and/ or harmful to humans and ecological systems. Prohibiting these uses reserves
the Clear Lake Overlay Zone for economic development activities that are consistent with
community values around public health, social equity, and natural resource protection.
Table 9.4165(3). Prohibited Uses in the /CL Clear Lake Overlay Zone
Asphalt Mixing and Batching
Chemical products manufacturer (includes synthetic fertilizers)
PC Agenda - Page 6
Chrome and Nickel plating
Cleaning and Dyeing Plant
Correctional Facility, excluding Residential Treatment Center
Concrete, Gypsum, and Plaster Products manufacturer
Dry Cleaner
Garbage Dump, Sanitary Land Fill
Mineral Resource Mining, Recovery, Stockpiling, Processing (including smelter or ore
reduction)
Paper mill (conversion of raw material, i.e., pulp to paper)
Petroleum/ Fuel refining and re-refining
Race Track, including drag strip and go-cart tracks [applies to outdoor use only]
Reconstituted Wood Products manufacturer
Rubber and Plastic Products manufacturer (includes tire manufacturing and re-tread
operations)
Wood Preservation
Wood Biomass-fueled Cogeneration Facility
Wastewater (sewer) treatment facility
9.4170 /CL Clear Lake Overlay Zone Land Division Requirements and Lot Standards
(1) Land Division
(a) Land division approval (partition or subdivision) may be required to create lots that are
consistent with the city’s large lot portfolio, as defined in the Economic Opportunity
Analysis (2015). Partition approval is subject to the applicable provisions of EC 9.8200
through EC 9.8245, and subdivision approval is subject to the applicable provisions of
EC 9.8500 through EC 9.8580.
(b) In lieu of compliance with the lot standards applicable to the base zone, a land division in
the /CL Clear Lake Overlay Zone shall demonstrate compliance with the land division
requirements and lot standards in sections (2) through (4), below.
(c) Nothing contained herein shall preclude lot consolidation within the Clear Lake Overlay
Zone in order to create the large lots designated in Figure 9.4170
(2) Large Lot Portfolio – Prescriptive Option.
(a) Land divisions shall result in lots consistent with the lot size ranges in the identified
Large Lot Category as depicted in Table 9.4170(2) Clear Lake Area–Large Lot
Portfolio. The boundaries depicted on Figure 9.4165 follow tax lot lines, public rights-of-
way, and natural drainage features to the greatest degree practicable.
(b) Property or properties identified for a particular lot size range as shown in Table
9.4170(2) must provide at least one lot within the applicable lot size range.
(c) The lot area of a new lot may fall anywhere within the applicable lot size range. The
applicable lot size range may preclude further division.
(d) Any additional resulting lot or lots shall be no less than 10 acres in size.
PC Agenda - Page 7
Table 9.4170(2) Clear Lake Area: Large Lot Portfolio – Lot Size Ranges
Large Lot Category Lot Size Range (Acres)
A 10 to 19
B 20 to 49
C 50 to 74
D 75 or greater
(3) Large Lot Portfolio – Flexible Option. As an alternative to subsection (2) above, land
divisions within one of the sub-areas depicted in Figure 9.4170 Clear Lake Area – Large
Lot Portfolio may alter the prescriptive physical arrangement of lots in that sub-area, upon
demonstration of compliance with the following:
(a) All new lots must fall within the lot size ranges listed for the sub-area in Table 9.4170(3).
(b) The minimum lot size shall be 10 acres.
(c) The tentative partition or subdivision plan shall include a conceptual site plan that
demonstrates that the remainder of the subarea can achieve the minimum number of
large lots and that the proposal does not preclude the division of adjacent parcels, as
provided in Table 9.4170(3).
Table 9.4170(3). Large Lot Portfolio – Flexible Option - Minimum Lots by sub-area
Minimum No. of Sites per Lot size range
Sub-area A. 10-19 acres 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. When the minimum number of lots required within the
particular sub-area (Figure 9.4170) has been provided, an applicant may use this option to
create lots below the 10 acre minimum. As part of the land division request, an applicant
shall demonstrate that the new lots are consistent with the lot standards of the applicable
base zone and that the minimum number of lots in the Large Lot Portfolio have been
provided for within the applicable sub-area.
9.4175 Adjustments
Adjustments to the standards of EC 9.4165(2)(a) and (b) in this section may be made based on
criteria at EC 9.8030(36) /CL Clear Lake Overlay Zone.
PC Agenda - Page 8
Figure 9.4170. Clear Lake Area – Large Lot Portfolio
Figure Key
Large Lot Category Lot Size Range (Acres)
A 10 to 19
B 20 to 49
C 50 to 74
D 75 or greater
PC Agenda - Page 9
OTHER CODE AMENDMENTS IN THIS AMENDMENT PACKAGE
9.1040 Establishment and List of Overlay Zones. The overlay zones listed in Table
9.1040 Overlay Zones are established as follows:
Table 9.1040 Overlay Zones
Overlay Description
/# Residential Density Range Overlay Zone (# indicates density range)
/BW Broadway Overlay Zone
/CAS Commercial Airport Safety Overlay Zone
/CL Clear Lake Overlay Zone
/HD Hillside Development Overlay Zone
/ND Nodal Development Overlay Zone
/PD Planned Unit Development Overlay Zone
/SR Site Review Overlay Zone
/TD Transit Oriented Development Overlay Zone
/UL Urbanizable Land Overlay Zone
/WP Waterside Protection Overlay Zone
/WQ Water Quality Overlay Zone
/WR Water Resources Conservation Overlay Zone
/WB Wetland Buffer Overlay Zone
/WG Willamette River Greenway Overlay Zone
+++++++++++++
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;
PC Agenda - Page 10
(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 proposals and land use application within the /CL
Clear Lake Overlay zone.
…
(5) The applicant shall mail notice of the meeting:
(a) At least 14 days and no more than 28 days prior to the meeting;
(b) To:
1. Owners and occupants of properties within 300 feet of the subject
property for Type II and IV applications and to owners and
occupants within 500 feet of the property for a Type III application
or a Metro Plan amendment;
2 Any city-recognized neighborhood associations whose boundaries
are within 300 feet of the subject property;
3. The city planning director; and
4. The city engineer; and
5. The Lane Regional Air Protection Agency, Lane County
Public Health Department, and the City’s Toxics Right-to-
Know program. (This is applicable only to proposals within
the Clear Lake Overlay Zone, as noted in (1)(e), above.)
(c) That states the date, time and location of the meeting and briefly
discusses the nature and location of the proposal.
+++++++++++++
9.7820 Annexation – Procedures.
…
(3) Land annexed to the city according to the procedures in EC 9.7800 – 9.7835
shall be automatically rezoned as of the effective date of the annexation from
Lane County land zones and zoning overlays to equivalent Eugene zones and
overlay zones as shown in Table 9.7820 Equivalent Zones and Overlay Zones.
Table 9.7820 Equivalent Zones and Overlay Zones
Urbanizable Land Zones Eugene Zones
AG/UL Agricultural AG Agricultural
PL/UL Public Land PL Public Land
R-1/UL Low-Density Residential R-1 Low Density Residential
R-2/UL Medium-Density Residential R-2 Medium Density Residential
GO/UL General Office GO General Office
C-1/UL Neighborhood Commercial C-1 Neighborhood Commercial
C-2/UL Community Commercial C-2 Community Commercial
I-2/UL Light-Medium Industrial I-2 Light-Medium Industrial
I-3/UL Heavy Industrial I-3 Heavy Industrial
PC Agenda - Page 11
Table 9.7820 Equivalent Zones and Overlay Zones
Urbanizable Land Zones Eugene Zones
Urbanizable Land Zoning Overlay Eugene Overlay Zones
/SR Site Review /SR Site Review
/CAS Commercial Airport Safety /CAS Commercial Airport Safety
Water Resources Conservation Water Resources Conservation
/WR Overlay Zone /WR Overlay Zone
/CL Clear Lake /CL Clear Lake
+++++++++++++
9.8030 Adjustment Review - Approval Criteria. The planning director shall approve,
conditionally approve, or deny an adjustment review application. Approval or
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
development 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 net acre.
(c) Development is consistent with local and regional economic
development goals (e.g., it is one of the targeted industries from the
EOA (2014) or Regional Prosperity Plan (2010)).
(d) Development impacts will have negligible effects on school and park
users, surrounding residents, and the environment, and alternative
mitigation measures will be employed to offset the proposed
adjustment.
+++++++++++++
9.8865 Zone Change Approval Criteria. Approval of a zone change application, including
the designation of an overlay zone, shall not be approved unless it meets all of the
following criteria:
…
(4) The proposed zone change is consistent with the applicable siting
requirements set out for the specific zone in:
PC Agenda - Page 12
(a) EC 9.2150 Commercial Zone Siting Requirements.
(b) EC 9.2430 Employment and Industrial Zone Siting Requirements.
(c) EC 9.2510 Natural Resource Zone Siting Requirements.
(d) EC 9.2610 Park, Recreation, and Open Space Siting Requirements.
(e) EC 9.2681 Public Land Zone Siting Requirements.
(f) EC 9.2735 Residential Zone Siting Requirements.
(g) EC 9.3055 S-C Chambers Special Area Zone Siting Requirements.
(h) EC 9.3105 S-CN Chase Node Special Area Zone Siting Requirements.
(i) EC 9.3140 S-DR Downtown Riverfront Special Area Zone Siting
Requirements.
(j) EC 9.3205 S-DW Downtown Westside Special Area Zone Siting
Requirements.
(k) EC 9.3305 S-E Elmira Road Special Area Zone Siting Requirements.
(l) EC 9.3605 S-JW Jefferson Westside Special Area Zone Siting
Requirements.
(m) EC 9.3705 S-RP Riverfront Park Special Area Zone Siting
Requirements.
(n) EC 9.3805 S-RN Royal Node Special Area Zone Siting Requirements.
(o) EC 9.3905 S-W Whiteaker Special Area Zone Siting Requirements.
(p) EC 9.3955 S-WS Walnut Station Special Area Zone Siting
Requirements.
(q) EC 9.4160 /CL Clear Lake Overlay Zone Siting Requirements.
(r) EC 9.4205 /EC East Campus Overlay Zone Siting Requirements.
(s) EC 9.4715 /WP Waterside Protection Overlay Zone Siting
Requirements.
(t) EC 9.4776 /WQ Water Quality Overlay Zone Siting Requirements (only
for the purposes of adding the overlay zone. See EC 9.4786.).
(u) EC 9.4915 /WR Water Resources Conservation Overlay Zone Siting
Requirements (only for the purposes of adding the overlay zone. See
EC 9.4960.).
(v) EC 9.4815 /WB Wetland Buffer Overlay Zone Siting Requirements.
(w) An uncodified ordinance establishing a site specific S-H Historic Special
Area Zone, a copy of which is maintained at the city’s planning and
development department.
+++++++++++++
PC Agenda - Page 13
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