Planning Commission

AGENDA ITEM SUMMARY April 25, 2017 To: Eugene Planning Commission From: Terri Harding and Heather O’Donnell, City of Eugene Planning Division Subject: Envision Eugene: Urban Growth Boundary Proposal Planning Commission Recommendation ISSUE STATEMENT Eugene is preparing to adopt a new Urban Growth Boundary (UGB) following several years of community work and technical analysis. The Eugene and Lane County Planning Commissions held a public hearing on the UGB adoption package on March 7. On April 10, 17, and 24, the Eugene Planning Commission deliberated on the proposal. At the April 25 meeting, the Eugene Planning Commission will make its recommendations on the UGB Adoption Package to be forwarded to the Eugene City Council. BACKGROUND The Urban Growth Boundary Adoption Package is made up of two main components: an ordinance and exhibits for employment, park and school land, and an ordinance and exhibits for residential land. Each Planning Commissioner was provided a binder containing the draft UGB Adoption Package materials from January 2017 and February 2017 updates, which are available online at http://www.eugene-or.gov/2987/Adopting-Our-Urban-Growth-Boundary. Public testimony received through the close of the Planning Commission’s record can be found here https://www.eugene-or.gov/DocumentCenter/View/31250. Verbal testimony can be viewed by watching the March 7 Planning Commission webcast here: http://eugene.ompnetwork.org/. Deliberations and Recommendation Process The Planning Commission deliberated on the UGB Adoption Package on April 10, 17, and 24. During these meetings, the Commission worked its way through the binder of the materials containing the UGB Adoption Package, including the draft ordinance for adopting a UGB with an expansion for Employment, Parks and Schools, and a draft ordinance for adopting a Residential Land Supply Study that does not necessitate a change in the UGB. After discussing each issue raised in public testimony or by a Planning Commissioner, the Commission took straw polls to indicate its tentative position on each item. The results of Planning Commission’s straw polls are reflected in Attachments A, B and C to this Agenda Item Summary. Attachment A provides the “Eugene Planning Commission Recommendations for Clear Lake Overlay Zone” (these recommendations take the form of updates to the code amendments listed at Exhibit E to the employment, park and school ordinance). Attachment B provides the “Planning Commission Recommended Updates to the City of Eugene Proposed UGB Adoption Package” and lists all of the Planning Commission’s recommended changes to the Adoption Package. Attachment C provides “Points for City Council Consideration" that the Planning Commission chose to call to the City Council’s attention. To finalize its recommendations, the Planning Commission will convene on April 25 at 5:00 pm in the Atrium Sloat Room. The Commission will vote on the following motions: Move to recommend that the City Council adopt both Ordinances included in the Urban Growth Boundary Adoption Package as revised in a manner that substantially conforms to Attachment A (“Eugene Planning Commission Recommendations for Clear Lake Overlay Zone”) and Attachment B (“Planning Commission Recommended Updates to the City of Eugene Proposed UGB Package”). Move to direct staff to prepare, for future Planning Commission approval, a draft memo addressed to the City Council from the Planning Commission recommending that the City Council specifically consider the points listed in Attachment C ("Urban Growth Boundary Adoption Package - Points for City Council Consideration") as part of the City Council’s consideration of the Urban Growth Boundary Adoption Package. NEXT STEPS Once the Eugene Planning Commission makes its recommendation (by passage of the first motion listed above, or another motion in its place), the recommendation will be provided to the Lane County Planning Commission to consider during its deliberations, which are scheduled for May 2. Following the Lane County Planning Commission recommendation, the UGB Adoption Package materials will be updated to reflect both Planning Commissions’ recommendations and published as “Version 2, Planning Commission Recommendation.” The precise format for preparing Version 2 to present the, potentially different, recommendations of each Planning Commission has not yet been determined. Our target date for publishing is May 9. Assuming the second motion, above, passes, a memo from the Eugene Planning Commission highlighting certain aspects of the adoption package will also be sent to Council. This memo is still under development and will be finalized for approval by the Commission before forwarding to City Council. A bulleted list of things to address in the memo is included as Attachment C ("Urban Growth Boundary Adoption Package - Points for City Council Consideration"). This will be brought back to a Eugene Planning Commission meeting in May for review and approval. The Eugene City Council and Lane County Board of Commissioners will hold work sessions, a public hearing, and deliberations to consider the Planning Commissions’ recommendations beginning in May. The City Council is scheduled to review the proposal beginning on May 24. ATTACHMENTS A. Eugene Planning Commission Recommendations for Clear Lake Overlay Zone  B. Planning Commission Recommended Updates to the City of Eugene Proposed UGB Adoption Package C. Urban Growth Boundary Adoption Package - Points for City Council Consideration FOR MORE INFORMATION Contact Terri Harding at 541-682-5635, terri.l.harding@ci.eugene.or.us Heather O’Donnell, 541-682-5488, heather.m.o’donnell@ci.eugene.or.us  Attachment A Eugene Planning Commission Recommendations for Clear Lake Overlay Zone Excerpts from Exhibit E [Exhibit F-3 to Lane County Ordinance] Eugene Code, 1971 Amendments (Employment, Park and School Land) ● Sections 9.4150 through 9.4170 are added to the Eugene Code, 1971, to provide as follows: 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. To this end, the /CL Overlay regulations identify certain uses that are restricted or prohibited. These prohibitions and restrictions are intended to avoid incompatibilities between odorous emissions or particulate discharges and nearby residences, schools, or parks. 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 only to the area depicted on Figure 9.4160 Clear Lake Area Overlay Zone. 9.4165 /CL Clear Lake Overlay Zone Special Application and Development Standards (1) Application Requirements. In addition to standard required application materials, a development permit proposing a new building, change of use, additional use, or building expansion that exceeds 25 percent of the existing building square footage on the development site shall include the following additional application material at the time of submittal: (a) Demonstration of compliance with EC 9.7007 Neighborhood/Applicant Meetings. Developments that require Page 1 of 6 APRIL 2017 DRAFT {Excerpt - Ordinance Ex. E (Code Amendments) - Proposed Deliberation Revisions April 25;1 }  Attachment A Eugene Planning Commission Recommendations for Clear Lake Overlay Zone Excerpts from Exhibit E [Exhibit F-3 to Lane County Ordinance] multiple applications may convene a single neighborhood/ applicant meeting to address all materials; and (b) 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, a development permit for any use other than agriculture, horticulture, or residential use proposing a new building, change of use, additional use, or building expansion that exceeds 25 percent of the existing building square footage on the development site shall demonstrate compliance with the following standards at the time of application submittal. (a) Single Business. Development shall be limited to a single business per tax lot as shown on Figure 9.4170 or subsequently created as permitted by the lot standards in EC 9.4170. (b) Lighting. The proposed use shall comply with the Outdoor Lighting standards in EC 9.6725. (c) Indoor Activity. For development located south of Clear Lake Road only, manufacturing operations of the proposed use shall be conducted indoors. (3) Performance Standards. In addition to the development standards of the applicable base and overlay zones, a development permit proposing a new building, change of use, additional use, or building expansion that exceeds 25 percent of the existing building square footage on the development site shall provide a statement on the application plans committing the applicant to compliance with the following performance standards during operation: (a) Odors and Emissions. Emission of smoke, dust, fumes, offensive odors, or gases associated with the proposed use are not 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. (b) Vibration. Uses are 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. (c) Noise. The proposed use shall 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 public lands (i.e., schools, public parks). (4) Prohibited Uses in the /CL Clear Lake Overlay Zone. The following uses are prohibited within the /CL Clear Lake Overlay zone: Page 2 of 6 APRIL 2017 DRAFT {Excerpt - Ordinance Ex. E (Code Amendments) - Proposed Deliberation Revisions April 25;1 }  Attachment A Eugene Planning Commission Recommendations for Clear Lake Overlay Zone Excerpts from Exhibit E [Exhibit F-3 to Lane County Ordinance] (a) Asphalt mixing and batching. (b) Chemical products manufacturer (includes synthetic fertilizers). (c) Chrome and nickel plating. (d) Cleaning and dyeing plant. (e) Correctional facility, excluding residential treatment center. (f) Concrete, gypsum, and plaster products manufacturer. (g) Dry cleaner. (h) Garbage dump, sanitary land fill. (i) Mineral resource mining, recovery, stockpiling, processing (including smelter or ore reduction). (j) Paper mill (conversion of raw material, i.e., pulp to paper). (k) Petroleum/fuel refining and re-refining. (l) Race track, including drag strip and go-cart tracks (not including indoor uses). (m) Reconstituted wood products manufacturer. (n) Rubber and plastic products manufacturer (includes tire manufacturing and re-tread operations). (o) Wood preservation. (p) Wood biomass-fueled cogeneration facility. (q) Wastewater (sewer) treatment facility (not including industrial pre- treatment facilities). (r) On land designated Campus Industrial by the comprehensive plan, the following uses are also prohibited: 1. Manufactured and mobile homes manufacturer. 2. Recreational vehicles manufacturer. 3. Wholesale, warehousing, and distribution (unless provided as an accessory use) (5) Adjustment Review. (a) The standards at EC 9.4165(2) through (3) may be adjusted in accordance with EC 9.8030(36). (b) Even if adjustment would be allowed in the base zone, the stormwater standards in EC 9.6790 through 9.6797 are not eligible for adjustment in the /CL Clear Lake Overlay Zone. 9.4170 /CL Clear Lake Overlay Zone Lot Standards. (1) Industrial Site Portfolio Attainment. The area subject to the /CL Clear Lake Overlay Zone is included in the urban growth boundary for the purpose of meeting Eugene’s long-term need for a specific number of large industrial sites in specific size ranges. This need, referred to as the “Large Lot Portfolio” in the Envision Eugene Comprehensive Plan, is identified in Table 9.4170(1) Clear Lake Area: Large Lot Portfolio – Lot Size Ranges, below. The lot standards in this section are intended to preserve the ability of this area to meet the portfolio of needed sites identified in Figure 9.4170 Clear Lake Area – Large Lot Portfolio. Page 3 of 6 APRIL 2017 DRAFT {Excerpt - Ordinance Ex. E (Code Amendments) - Proposed Deliberation Revisions April 25;1 }  Attachment A Eugene Planning Commission Recommendations for Clear Lake Overlay Zone Excerpts from Exhibit E [Exhibit F-3 to Lane County Ordinance] Table 9.4170(1) Clear Lake Area: Large Lot Portfolio – Lot Size Ranges Large Lot Category (See Figure 9.4170) Lot Size Range (Acres) A 10 to 19 B 20 to 49 C 50 to 74 D 75 or greater (2) Tax lots in existence as of January 1, 2017 that are less than 10 acres in size and do not meet an identified portfolio need (identified in Figure 9.4170 as “S-#”) are not subject to additional lot size requirements that apply to other tax lots as identified below. (3) Tax lots in existence as of January 1, 2017 that meet an identified portfolio need (identified in Figure 9.4170 as A, B, C, or D) are prohibited from land division (partitions or subdivisions) with the exception of the tax lot shown as C-2/A-1, which is divided by a utility tax lot (S-4), and may partition only along those existing tax lot lines. Portfolio tax lots may pursue a property line adjustment (EC 9.8400), so long as the property line adjustment does not reduce either tax lot below its needed portfolio acreage (identified in Table 9.4170) of contiguous unconstrained land or result in an adjusted lot reduced to less than 10 acres in size. Unconstrained land is defined as land that is free from: slopes in excess of 5%, the Special Flood Hazard Area (i.e. FEMA mapped 100-year floodplain), Goal 5 protected areas, wetlands without a fill permit, or overlay zones that prohibit development such as the /WQ Water Quality Overlay Zone. (4) Tax lots in existence as of January 1, 2017 that are not expected to contribute to the large lot portfolio need due to existing natural constraints and future transportation corridors (identified in Figure 9.4170 as *) may pursue property line adjustments (EC 9.8400) so long as the adjusted lots are no less than 10 acres in size. (5) Tax lots in existence as of January 1, 2017 bisected by future street extensions will be eligible to pursue a partition along the right of way when right of way is established, provided that the partition does not result in any new lot of less than 10 acres in size. Page 4 of 6 APRIL 2017 DRAFT {Excerpt - Ordinance Ex. E (Code Amendments) - Proposed Deliberation Revisions April 25;1 }  Attachment A Eugene Planning Commission Recommendations for Clear Lake Overlay Zone Excerpts from Exhibit E [Exhibit F-3 to Lane County Ordinance] Page 5 of 6 APRIL 2017 DRAFT {Excerpt - Ordinance Ex. E (Code Amendments) - Proposed Deliberation Revisions April 25;1 }  Attachment A Eugene Planning Commission Recommendations for Clear Lake Overlay Zone Excerpts from Exhibit E [Exhibit F-3 to Lane County Ordinance] 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 S Less than 10 * Non-portfolio site ● Figure 9.4160 Clear Lake Overlay Area is added to the Eugene Code, 1971, as shown on Attachment 1 to this Exhibit. Page 6 of 6 APRIL 2017 DRAFT {Excerpt - Ordinance Ex. E (Code Amendments) - Proposed Deliberation Revisions April 25;1 }  Attachment B Envision Eugene April 25, 2017 Eugene Planning Commission Recommend Updates to the City of Eugene Proposed UGB Adoption Package This list of updates reflects the Eugene Planning Commission’s recommended revisions to the February 2017 UGB Adoption Package (provided by staff and the Planning Commission) to be incorporated into the Planning Commission Recommendation version for City Council (rather than printing new pages at this time). All recommended updates are noted in parenthesis after the ordinance or exhibit. Items that are highlighted have been raised since deliberations began on April 10. Employment, Park, and School Land City of Eugene Ordinance (No Update) Lane County Ordinance (No Update/ Not Considered) Exhibits A-1 Metro Plan Text Amendments (No Update) Commented [ASG1]: A commissioner noted that in A-2 Eugene UGB Map Section D, it currently says “conceptual development planning, performance standards or site review shall be (No Update) applied.” The question was raised - is it really “or” or should A-3 Metro Plan Designation Changes and Zone Changes Table it be “and/or” or “and?” – Because this was preexisting language in the Metro Plan, and is consistent with other text (Remove /CL from tax lots 1704090001200 and 1704090002600) in the Metro Plan, staff recommends no change. A-4 Metro Plan Designation Change Maps (No Update) Commented [ASG2]: The April 10 PC AIS included a B-1 Envision Eugene Comprehensive Plan recommendation for both of these exhibits to remove split zoning from the tax lot near the southwest corner of the  (Enhance graphic presentation overall Clear Lake Road/Highway 99 intersection. Based on  First full paragraph on page I-3 - add “As is true for the Metro Plan,” to the subsequent changes to the /CL overlay, this is no longer a staff recommendation. beginning of the last sentence Commented [HTL3]: Text in gray highlight has been  Policy 3.17 - remove the language “prior to securing the large lots” added since the April 10 meeting. Comment bubbles explain  Policy 3.21 - replace “Facilitate assembly of smaller vacant…” with staff recommendations contained in the body of this index. “Facilitate reconfiguration of smaller vacant...” Commented [ASG4]: A commissioner noted that Policy  Glossary - Add definition of “short term supply”) 10.3 does not start with a verb, and suggested changing it for consistency. Policy review identified 8 policies that do B-2 Eugene UGB Map (representation of digital file) not begin with a verb in the current draft. Based on this (Produce a more legible map) number of policies that do not begin with a verb, staff B-3 Employment Land Supply Study recommends no change. Commented [JEN5R4]:  Attachment B  (Part I Figure 5– add text stating location of the UGB is imprecise, for precise location see Part VI Figure 2  Part II EOA – add “Part II” to footer  Part II EOA page 95 –correct the OAR referenced to in paragraph 3 to: 660- 024-0040(9)(a)(A)  Part II EOA page 134 – add conclusion summary table  Part V page 1 – change “Figure 4” to “Figure 3” in paragraph 2  Part VI – Update Figure 3 to reflect changes to the /CL Clear Lake Overlay zone) C-1 Public Facilities and Services Plan Text Amendments (No Update) C-2 Public Facilities and Services Plan Map Amendments (No Update) D. Transportation System Plan Amendments (No Update) E. Eugene Code Amendments  (See revisions to EC9.4150 – 9.4170 (the /CL Clear Lake Overlay zone) in Attachment A  EC 9.8030 (36): delete adjustment criterion (d)  EC 9.8073: clarify where in the Metro Plan the Metro Plan Amendment process is located  EC 9.8074(1-3): revise the approval criteria to use “is” and “will” rather than “would be”.  EC 9.8090, 9.8215, 9.8320, 9.8440, and 9.8515: revise reference to include /CL Clear Lake Overlay zone) F. Zone Change Maps (No Update) G. Overlay Zone Change Maps (Remove /CL from tax lot 1704090002600) H. Water Resources Conservation Plan Amendments (No Update) I. Water Quality Waterways Map Amendment (No Update) J. Findings / Appendices  (Updated formatting for entire document,  Page 4 - updated title references of “Employment Buildable Lands Inventory,” “Employment Land Supply Study,” and “Addendum to UGB Analysis for Employment Land” in paragraph 1  Page 24 – updated title references of “UGB Analysis for Employment Land” and “Employment Buildable Lands Inventory” in paragraphs 1 and 2  Attachment B  Page 26 – fix typo of “area” to “are” in paragraph 2  Page 27 - delete reference to State Highway Freight System map and update title reference of “Employment Buildable Lands Inventory” in non- bullet paragraph 1  Page 28 - update title reference of “Employment Buildable Lands Inventory” in paragraph 1  Page 33 - update title reference of “UGB Analysis for Employment Land” in paragraph 1  Page 34 – fix typo of “and” to “land” in paragraph 1  Page 43 - update title reference of “UGB Analysis for Employment Land” in paragraph 4  Page 46/47 – fix typo of “second” to “fourth” in subsection (d)  Page 47 – update title reference of “UGB Analysis for Employment Land” in paragraph 5  Page 54 – fix typo of “See Sections These” to “These” and “area” to “are” in paragraph 3  Page 57 – add “City of Eugene Criteria” under Local Government Criteria  Page 64 – add reference to Lane County Code) A. UGB Expansion Analysis for School Land (No Update) B. UGB Expansion Analysis for Employment Land  (Page 1 – change “the Eugene Urban Growth Boundary” to “Eugene’s urban growth boundary” in paragraph 2  Page 3 – change “Study” to “study” in paragraph 2  Page 5 – fix typo of “explains states” to “states” in paragraph 1  Page 8 – fix typo of “Environmental” to “environmental” under 3, and “goal 14” to “Goal 14” under (c)  Page 10 – update title reference of “UGB Expansion Analysis for School Land” and “UGB Expansion Analysis for Employment Land” in paragraph 1 and add quotation marks to “Study Map” in final sentence  Page 11 – change “Study” to “study” and update title reference of “UGB Expansion Analysis for School Land” in paragraph 2 and add quotation marks to “Priority Categories of Candidate Land” in paragraph 3  Page 14 – add quotation marks to “Land Constrained by Slopes in Excess of 5%,” “Land Constrained by the Special Flood Hazard Area,” “Land Constrained by Goal 5 Wetland or Mineral Aggregate  Attachment B Protections” (inserting “wetland or mineral aggregate” to title), and “Land Constrained by Uses or Development”  Page 16, 18, 54 - Update page to address concerns raised in public testimony  Page 62 – add space between first paragraph and second title  Page 63 - Update 4 pages to address concerns raised in public testimony  Page 93-101 – insert “Should several of the potential sites in a contiguous area be selected for industrial expansion, the collective impact would have both positive consequences of an employment hub and potential negative consequences resulting in additional regulation.” as second sentence of “social” subsections  Page 110 and 111 – insert “Should several of the potential sites in a contiguous area be selected for industrial expansion, the collective impact would have both positive consequences of an employment hub and potential negative consequences resulting in additional regulation.” as second sentence of “social” subsection of P4.8g and P4.8h  Pages 119-121 - Update 3 pages to address concerns raised in public testimony) C. UGB Expansion Analysis for Park Land (No Update) D. Addendum to UGB Expansion Analysis for Employment Land (No Update) E. UGB Location Methodology (No Update) F. Wetland and Riparian Area Study Documents (No Update) Residential Land City of Eugene Ordinance (No Update) Lane County Ordinance (No Update) Exhibits A-1. Envision Eugene Comprehensive Plan Amendments (No Update) A-2. Residential Land Supply Study  (Part I Figure 5 – add text stating location of the UGB is imprecise, for precise location see Part V Figure 2  Attachment B  Part II HNA – add “Part II” to footer  Part II HNA page 27 – fix error in Table 6 document link  Part II HNA page 72 – fix Table 18 so it is not off the page  Part II HNA page 141 - change title of Table 57 to refer to LDR land rather than HDR land  Part III page 7 – reformat to move table to top of page  Part IV page 14 – reformat Table 5 lines to be solid) B. Findings  (Update formatting of entire document  Page 2 – add reference to County adoption process for Residential Ordinance,  Page 28 - add “City of Eugene Criteria” under Local Government Criteria  Page 33 – add reference to Lane County Code)  Attachment C Memorandum Date: April 24, 2017 To: Eugene City Council From: Eugene Planning Commission Subject: Urban Growth Boundary Adoption Package – Points for City Council Consideration I. Introduction  PC Role in Envision Eugene and the UGB Adoption Process II. Responding to Public Testimony and Creating our Recommendation  Clear Lake Overlay Zone Summarize public testimony and changes to address issues raised  Alternative Expansion Area- Sand and Gravel Summarize staff memo on this issue  Comprehensive Plan Administration and Implementation Chapter, Policies 10.8 through 10.12 Call attention to Monitoring Policies, including TAC appointment procedure III. Issues for Consideration After UGB Adoption  Comprehensive Plan Economic Development Chapter, Policy 3.27 Development in the Clear Lake area will require proactive work with state and federal agencies  Proactively Address housing issues including: Housing Affordability Missing middle housing Clear and objective standards (needed housing) Growth Monitoring Program Urban reserve planning Parcel specific plan diagram