Planning Commission

AGENDA Meeting Location: Virtual Meeting (Via Zoom) Phone: 541-682-5481 www.eugene-or.gov/pc 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. **Due to Governor Kate Brown’s Stay Home, Save Lives Executive Order to combat the spread of Covid-19, this meeting will be held remotely using virtual meeting technology. Information about online or other options for access and participation is available on the reserve side of this agenda.** TUESDAY, SEPTEMBER 15, 2020 – Public Hearing (5:30 p.m.) A. Public Hearing & Possible Action: Expiration Extensions for Approved Land Use Applications [Economic Recovery] (CA 20-3) Planning Commission to hear the proposal and make a recommendation to the City Council for a City-initiated code amendment to extend the expiration of Type II and Type Ill land use approvals for three years as an economic recovery tool in response to the impacts of the COVID-19 pandemic. Lead City Staff: Jeff Gepper, 541-682-5282, JGepper@eugene-or.gov Public Hearing Format for the first hearing: The order of procedure will be as follows, unless modified by the Planning Commission Chair as may be necessary or appropriate: 1. The Planning Commission Chair will summarize procedures and commence the hearing. 2. City staff will provide a brief introduction and summary of the application/appeal. 3. *Testimony will first be allowed from the applicant and those in support of the application 4. *Testimony will then be allowed from parties who are neither proponents nor opponents. 5. *Testimony will then be allowed from the opponents/appellant. 6. Staff may provide a response to testimony, as needed. 7. Planning Commissioners may then ask questions of staff (note that commissioners may also raise questions that might arise during any individual testimony). 8. Rebuttal will then be allowed from the proponent/applicant. 9. Finally, the Planning Commission Chair will announce whether the hearing and  record is closed, held open, or if the public hearing will be continued. *Due to the virtual meeting platform, the order of speakers providing testimony will be based on order that persons sign-up to speak, as opposed to the order noted above. For this reason, each person providing comment will be asked to state whether they are in support, neutral, or in opposition to the application. Commissioners: John Barofsky; Ken Beeson; Tiffany Edwards (Chair); Lisa Fragala (Vice Chair); Dan Isaacson; Chris Ramey; Kristen Taylor HOW TO ACCESS THE MEETING  To watch a webcast of the meeting live: Visit https://www.eugene- or.gov/2109/Planning-Commission-Webcasts to view the live webcast or tune in to Local Comcast Chanel 21  To join/watch the meeting from your computer, tablet or smartphone (allows participation in Public Comment): https://eugene-or-gov.zoom.us/j/93310053018  To join by phone (allows participation in Public Comment): Dial one of the below numbers and enter the Webinar ID: 933 1005 3018 +1 833-548-0276 (Toll Free); or +1 833-548-0282 (Toll Free); or +1 877-853-5257 (Toll Free); or +1 888-475-4499 (Toll Free); or For higher quality, dial a number based on your current location. International numbers available: https://eugene-or- gov.zoom.us/u/abxAVtLzZ3 To sign-up to speak for Public Comment: o For those viewing the meeting on a computer, laptop, or other device, click once on the blue “hand” icon o For those listening to the meeting on a phone, press *9 (Star-9)  AGENDA ITEM SUMMARY September 15, 2020 To: Eugene Planning Commission From: Jeff Gepper, Senior Planner, Planning Division Subject: Expiration Extension for Approved Land Use Applications (City File: CA 20-3) ACTION REQUESTED Hold a public hearing, deliberate and make a recommendation to the City Council on a City-initiated ordinance that would extend the expiration of Type II and Type III land use approvals for three years. BRIEFING STATEMENT On September 15, 2020, the Planning Commission will hold a public hearing on a proposed ordinance initiated by City Council. This City-initiated process proposes an uncodified land use ordinance to extend the expiration of Type II and Type III land use approvals for three years as an economic recovery tool in response to the impacts of the COVID-19 pandemic. BACKGROUND Earlier this year, the outbreak of the COVID-19 corona virus ushered in an unprecedented period of challenges and hardship for our community. On March 17, 2020, the City Manager declared an emergency in response to the COVID-19 pandemic. As part of its response to the pandemic, the City directed resources to recovery measures, while also recognizing the need for a long-term community recovery strategy, which includes economic recovery as one of three priorities. On July 27, 2020, the City Council initiated this process to extend the expiration of Type II and Type III land use approvals for three years as an economic recovery tool in response to the negative impacts of the pandemic. The City’s land use code provides that land use approvals expire after a period of time. The expiration period depends on the type of application (see Eugene Code 9.7230 and 9.7340). When land use approvals expire, applicants are required to repeat the application process and obtain a new approval in order to develop their property, which can be a costly and time-consuming barrier to development. By extending the expiration date for certain land use approvals (Type II and Type III applications), the City would support development projects that have already undergone an extensive public process and received City approval, but may be slowed down or stalled due to the ongoing economic challenges and uncertainty related to the pandemic. By offering additional time for projects to be completed, the City can support the community by giving developers more time to implement their land use approvals. For reference, Type II applications typically require Planning Director approval, while Type III typically requires approval by a Hearings Official through a public hearings process. See the table on the next page for a list of application types that would benefit from the proposed ordinance. On November 9, 2009, the City Council previously Type II Applications (EC 9.420) adopted a similar ordinance (Ordinance No. 20440) in Adjustment Review response to the economic challenges brought on by the Conditional Use Permit, Modification Great Recession. The City Council found that a three-year Design Review (or Modification) extension to unexpired Type II and Type III land use Historic Property, Alteration approvals would aid in the economic recovery in the wake Partition, Tentative of the economic downturn. See Attachment A for Planned Unit Development, Final (or reference. Staff believes that three years is also an Modification) appropriate amount of time to extend Type II and III land Site Review (or Modification) use approvals as part of the COVID-19 recovery effort. Standards Review (or Modification) Subdivision, Tentative If the proposed ordinance extending the expiration dates Traffic Impact Analysis Review for Type II and Type III land use approvals is adopted, it Variance will operate as a stand-alone, uncodified ordinance that Type III Applications (EC 9.7340) only impacts the expiration of land use applications Conditional Use Permit approved prior to the date the ordinance is adopted. Planned Unit Development, Tentative Future approvals will only be valid for the period of time Willamette Greenway Permit identified in the code. If adopted, the proposed ordinance will extend the expiration timeline of at least 42 Type II Table 1: Applications subject to expiration. and 12 Type III land use approvals based on initial Note: Applications listed are subject to those research conducted by staff. A copy of the proposed specific provisions at Eugene Code (EC) 9.7240 and 9.7340. ordinance is included as Attachment B. PUBLIC NOTICE & PROCEDURES This proposed ordinance is subject to Type V application procedures (EC 9.7500 through EC 9.7560) for the upcoming public hearing, as well as the applicable approval criteria from EC 9.8065. The legislative Type V process includes public notice and a hearing before the Planning Commission, which then forwards a recommendation to the City Council for a final public hearing and action. Attachment C provides preliminary findings addressing compliance with the applicable approval criteria for the proposed ordinance. Following the public hearing, the Planning Commission will deliberate and ultimately make a recommendation to the City Council to either approve, approve with modifications, or deny the proposal, based on the required approval criteria. This may occur following the public hearing (time permitting), or at a later Planning Commission meeting. Notice for this public hearing was conducted in accordance the notice requirements for Type V land use applications under EC 9.7520. This includes notice sent to Eugene neighborhood organizations, the Oregon Department of Land Conservation and Development, Lane County, the City of Springfield, and other community groups and individuals who have requested notice. Notice was also published in the Register Guard. No written testimony has been received to date. Any written comments received after the preparation of this staff report will be provided to the Planning Commission for inclusion into the public record.  City Council Initiation July 27, 2020 Application DLCD Notice July 30, 2020 Timeline Public Notice August 13, 2020 Legal Notice in Register Guard August 26, 2020 Table 2: Relevant Application Dates APPLICABLE APPROVAL CRITERIA As noted above, the Planning Commission must address the relevant approval criteria from EC 9.8065 in making a recommendation to the City Council on the proposed ordinance. Staff’s preliminary findings addressing these approval criteria are attached for the Planning Commission’s consideration (see Attachment C). STAFF RECOMMENDATION / PROPOSED MOTION Move to recommend that the City Council approve the ordinance as proposed in Attachment B. ATTACHMENTS A: Previous Timeline Extension: Ordinance No. 20440 B: Proposed Ordinance C: Preliminary Findings More information regarding this proposal can be found at: https://www.eugene-or.gov/764/Land-Use- Code-Amendments. As a courtesy, application materials for this proposed ordinance are also publicly available on the City’s website at: https://pdd.eugene-or.gov/LandUse/SearchApplicationDocuments?file=CA-20-0003. FOR MORE INFORMATION: Please contact Jeff Gepper, Senior Planner, by phone: (541) 682-5282, or e-mail: JGepper@eugene- or.gov.  Attachment A ORDINANCE NO. 20440 AN ORDINANCE CONCERNING TIME EXTENSIONS FOR APPROVED DEVELOPMENTS; AND PROVIDING AN EFFECTIVE DATE. The City Council of the City of Eugene finds that: A. To aid economic recovery in difficult economic conditions, the City Council wishes to be proactive and programmatic in granting a three-year extension to those unexpired development approvals that were granted by the city after a process that included a public notice and comment period. B. For land use approvals that include an extended phasing plan, it is intended that the three-year extension be applied to the current phase of development and that the time periods for all phases be adjusted to accommodate the one-time extension granted by this Ordinance. NOW, THEREFORE, based on the above findings, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The legislative findings attached as Exhibit A hereto are adopted in support of this Ordinance. Section 2. The expiration dates for all Type II and III land use application approvals in effect on the date this Ordinance takes effect are hereby extended by three years. Further extensions for these land use approvals may be sought pursuant to Chapter 9 of the Eugene Code, 1971. Section 3. For any Type II or III land use application approval with an executed performance agreement in effect on the date this Ordinance takes effect, each reference to a specific year within in the Time Schedule section of said performance agreement (referencing a commencement or a completion year) is hereby extended by three additional years. Ordinance - Page 1 of 2 Attachment A  Attachment B ORDINANCE NO. _____ AN ORDINANCE CONCERNING TIME EXTENSIONS FOR APPROVED LAND USE APPLICATIONS; AND PROVIDING AN EFFECTIVE DATE. The City Council of the City of Eugene finds that: A. To aid economic recovery in difficult economic conditions which exist due to the COVID-19 corona virus pandemic, the City Council wishes to be proactive and programmatic in granting a three-year extension to those unexpired development approvals that were granted by the city after a process that included a public notice and comment period. B. For land use approvals that include an extended phasing plan, it is intended that the three-year extension be applied to the current phase of development and that the time periods for all phases be adjusted to accommodate the one-time extension granted by this Ordinance. NOW, THEREFORE, based on the above findings, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The legislative findings attached as Exhibit A hereto are adopted in support of this Ordinance. Section 2. The expiration dates for all Type II and III land use application approvals in effect on the date this Ordinance takes effect are hereby extended by three years. Further extensions for these land use approvals may be sought pursuant to Chapter 9 of the Eugene Code, 1971. Section 3. For any Type II or III land use application approval with an executed performance agreement in effect on the date this Ordinance takes effect, each reference to a specific year within in the Time Schedule section of said performance agreement (referencing a commencement or a completion year) is hereby extended by three additional years. Ordinance - Page 1 of 2  Attachment B Section 4. This Ordinance shall take effect pursuant to Section 32 of the Eugene Charter 2002, or on the date of its acknowledgement as provided in ORS 197.625, whichever is later. Passed by the City Council this Approved by the Mayor this ____ day of _______________, 2020 ____ day of _________________, 2020 _____________________________ _____________________________ AIC City Recorder Mayor Ordinance - Page 2 of 2  Attachment C PRELIMINARY FINDINGS Expiration Extension for Approved Land Use Applications (City File: CA 20-3) Eugene Code (EC) Section 9.8065 requires that the proposed ordinance comply with the following approval criteria (in bold): EC 9.8065(1): [The ordinance] Is consistent with applicable statewide planning goals adopted by the Land Conservation and Development Commission. Findings addressing consistency with applicable statewide planning goals (shown in italics) are provided below. Goal 1 - Citizen Involvement. To develop a citizen involvement program that ensures the opportunity for citizens to be involved in all phases of the planning process. The City has codified provisions for citizen involvement which ensure the opportunity for citizens to be involved in all phases of the planning process and set out requirements for such involvement. Adoption of the proposed ordinance will follow the process for Type V land use applications as laid out in the City’s land use code, including requirements for public notice and comment. Additionally, adoption of the proposed ordinance only extends the effective date for land use applications that have already been approved. These approved land use applications have already undergone a codified process that involves citizens through public comment and/or hearings and appeal processes. Adoption of the proposed ordinance does not amend the City’s citizen involvement processes. The process for adopting this proposed ordinance 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 proposed ordinance 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. City Council Initiation July 27, 2020 Application DLCD Notice July 30, 2020 Notice Timeline Public Notice August 13, 2020 Legal Notice in Register Guard August 26, 2020 Table 1: Relevant Application Dates Following the Planning Commission public hearing, a duly noticed, subsequent public hearing will be held by the City Council to consider final local approval, modification, or denial of the proposed ordinance. These processes afford ample opportunity for citizen involvement consistent with Goal 1. Therefore, the proposed ordinance is consistent with Statewide Planning Goal 1. September 2020 Preliminary Findings Page 1 of 5 Expiration Extension for Approved Land Use Applications (CA 20-3)  Attachment C 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 City’s land use code specifies the procedures and criteria to be used for decisions and actions related to land use applications. The proposed ordinance does not change the planning process, policy framework or information relied on in making decisions and actions related to land use applications. The ordinance extends the time that Type II and III land use approvals are effective once the process has been completed and the policy framework and facts of each application have been determined and decided. The Goal 2 coordination requirement is met when the City engages in an exchange, or invites such an exchange, between the City and any affected governmental unit and when the City uses the information obtained in the exchange to balance the needs of the citizens. To comply with the Goal 2 coordination requirement, the City engaged in an exchange about the subject of these amendments with 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. There are no Goal 2 Exceptions required for the proposed ordinance. Therefore, the proposed ordinance is consistent with Statewide Planning Goal 2. Goal 3 - Agricultural Lands. To preserve agricultural lands. The proposed ordinance does not affect any land designated for agricultural use. Therefore, Statewide Planning Goal 3 does not apply. Goal 4 - Forest Lands. To conserve forest lands. The proposed ordinance does 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. The proposed ordinance does not create or amend the City’s adopted inventory of Goal 5 resources and does not amend any code provision adopted in order to protect a significant Goal 5 resource, or to address specific requirements of Goal 5. The proposed ordinance does not allow new uses that could be conflicting uses with a significant Goal 5 resource site and does not amend the City’s acknowledged urban growth boundary. Therefore, Statewide Planning Goal 5 does not apply. September 2020 Preliminary Findings Page 2 of 5 Expiration Extension for Approved Land Use Applications (CA 20-3)  Attachment C Goal 6 - Air, Water and land Resource Quality. To maintain and improve the quality of the air, water and land resources of the state. Goal 6 addresses waste and process discharges from development, and is aimed at protecting air, water and land from impacts from those discharges. The amendments to 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 and property from natural hazards such as floods, landslides, earthquakes and related hazards, tsunamis and wildfires. The Goal prohibits a development in natural hazard areas without appropriate safeguards. The ordinance does not affect the City’s existing restrictions and approval criteria regarding development in areas subject to natural disasters and hazards. The proposed action only extends the effective date for land use applications that have already been approved. 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 proposed ordinance 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 Employment Lands Supply Study 2012-2032 (ELSS) is included as appendix B in the City’s comprehensive plan and complies with the requirements of Goal 9 and the corresponding Administrative Rule. The proposed ordinance does not affect the amount of land designated or zoned for commercial use and will have no direct impact on the existing supply of or any existing commercially designated land. Goal 9 also requires cities consider methods and devices for overcoming certain regional conditions and deficiencies for implementing this goal, to include land use controls and ordinances. The proposed ordinance related to timeline extensions is specifically intended help applicants overcome economic hardships by extending the expiration period for already September 2020 Preliminary Findings Page 3 of 5 Expiration Extension for Approved Land Use Applications (CA 20-3)  Attachment C approved land use applications. Therefore, to the extent applicable, 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 ordinance 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. Therefore, to the extent applicable, the proposed ordinance is consistent with Statewide Planning Goal 10. Goal 11- Public Facilities and Services. To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. The proposed ordinance 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. Goal 12 is implemented through the Transportation Planning Rule (TPR, OAR 660-12). The proposed ordinance will not significantly affect any transportation facility, nor does it change procedures related to analyzing and mitigating impacts to the transportation system. This ordinance is limited to extending the expiration period for previously approved Type II and III land use applications, which were reviewed according to existing code and zoning regulations. As such, the developments have been or will be reviewed for compliance with applicable code provisions and regulations for maintaining a safe, convenient, and economic transportation system. Further, no change in the functional classification of streets will result from the proposed ordinance and no changes are proposed to the standards that implement the functional classification system. Therefore, the amendments are consistent with Statewide Planning Goal 12. Goal 13 - Energy Conservation. To conserve energy. The proposed ordinance 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 proposed ordinance 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. September 2020 Preliminary Findings Page 4 of 5 Expiration Extension for Approved Land Use Applications (CA 20-3)  Attachment C 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 proposed ordinance does not include any changes that affect the regulation of areas within the adopted Willamette River Greenway boundaries. Therefore, Statewide Planning Goal 15 does not apply. Goal 16 through 19 - Estuarine Resources, Coastal Shorelands, Beaches and Dunes, and Ocean Resources. The proposed ordinance does not include any changes related to coastal, ocean, estuarine, or beach and dune resources. Therefore, these goals are not relevant, and the proposed ordinance will not affect compliance with Statewide Planning Goals 16 through 19. EC 9.8065(2): [The ordinance] Is consistent with applicable provisions of the comprehensive plan and applicable adopted refinement plans. The proposed ordinance granting timeline extensions for approved land use applications does not include any change in adopted land use designations or policy, nor does it change any requirements in the City’s land use code concerning compliance with the Metro Plan, Envision Eugene Comprehensive Plan, and applicable refinement plans. There are no policies or other applicable provisions in the Metro Plan or adopted refinement plans that specifically serve as mandatory approval criteria in this instance or that otherwise limit the expiration period for approved land use applications. Therefore, the proposed ordinance complies with the above criterion. EC 9.8065(3): In the case of establishment of a special area zone, [the ordinance] is consistent with EC 9.3020 Criteria for Establishment of an S Special Area Zone. The proposed ordinance does not establish a special area zone. Therefore, this criterion does not apply. CONCLUSION Based on the available information and evidence, and the preceding findings of compliance, the proposed ordinance complies with the applicable approval criteria. September 2020 Preliminary Findings Page 5 of 5 Expiration Extension for Approved Land Use Applications (CA 20-3)