Meeting Location: Sloat Room Atrium Building Phone: Eugene, Oregon 97401

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1 AGENDA Meeting Location: Sloat Room Atrium Building Phone: W. 10 th Avenue Eugene, Oregon 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 MONDAY, APRIL 17, 2017 REGULAR MEETING (11:30 a.m.) I. PUBLIC COMMENT 11:30 AM 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. II. ITEMS FROM COMMISSION AND STAFF 11:40 AM A. Other Items from Commission B. Other Items from Staff C. Learning: How are we doing? III. WORK SESSION: ENVISION EUGENE- URBAN GROWTH BOUNDARY PROPOSAL DELIBERATIONS (2 of 3) Including the Clear Lake Overlay Zone Lead Staff: Terri Harding, :00 PM Commissioners: Steven Baker; John Barofsky (Vice Chair); John Jaworski; Jeffrey Mills; Brianna Nicolello; William Randall; Kristen Taylor (Chair)

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3 AGENDA ITEM SUMMARY April 17, 2017 To: From: Subject: Eugene Planning Commission Terri Harding and Heather O Donnell, City of Eugene Planning Division Envision Eugene: Urban Growth Boundary Proposal Deliberations Clear Lake Overlay Zone 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, the Eugene Planning Commission began its deliberations on the proposal. On April 17, the meeting will be devoted mostly to the topic of the Clear Lake overlay zone proposed to be applied in the Clear Lake expansion area (Attachment A). Their deliberations are anticipated to conclude on April 24. BACKGROUND The UGB adoption package is made up of two main components: a jobs, parks and schools package, and a residential package. 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 Urban-Growth-Boundary. Public testimony received through the close of the Planning Commission s record can be found here Verbal testimony can be viewed by watching the March 7 Planning Commission webcast here: Public Testimony, Planning Commissioner Questions, and Staff Responses Attachment F to the April 10 Planning Commission packet describes the main themes raised in public testimony and in questions from the Planning Commissions during their work sessions and after the public hearing. The memo includes staff responses to the main themes and questions, including those related to the future regulation of development in the Clear Lake expansion area. Staff have prepared revisions to the proposed Clear Lake Overlay Zone (/CL) to address issues raised in public testimony (Attachment A). Staff will walk through the changes at the meeting. The previous version of the Clear Lake Overlay Zone is attached as Attachment B. Deliberations Process The meeting of April 17 will begin with the Clear Lake expansion area, in particular issues and changes to the draft Clear Lake Overlay Zone (/CL). Any remaining time will be used to pick up Page 1

4 where the April 10 meeting left off, with the parks expansion study. Eugene Planning Commission deliberations will conclude with a recommendation to the City Council on April 24. Lane County s Planning Commission is scheduled to deliberate and form their recommendations on May 2. NEXT STEPS Each Planning Commission will hold its own deliberation meetings and form separate recommendations to their respective elected bodies. 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. ATTACHMENTS A. Staff Proposed Revisions to Clear Lake Overlay Zone (April 2017) B. Previous Clear Lake Overlay Zone (February 2017) FOR MORE INFORMATION Contact Terri Harding at , terri.l.harding@ci.eugene.or.us Heather O Donnell, , heather.m.o donnell@ci.eugene.or.us Page 2

5 Attachment A Sections through are added to the Eugene Code, 1971, to provide as follows: 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 /CL Clear Lake Overlay Zone Applicability. EC through EC 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 /CL Clear Lake Overlay Zone Siting Requirements. When consistent with the approval criteria in EC Zone Change Approval Criteria, the /CL Clear Lake Overlay Zone shall be applied only to the area depicted on Figure Clear Lake Area Overlay Zone /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 or a land use application (except a Type I application described at EC ) shall include the following additional application material at the time of submittal: (a) Demonstration of compliance with EC Neighborhood/Applicant Meetings. Developments that require multiple applications may convene a single neighborhood/ applicant meeting to address all materials; and Page 1 of 6 APRIL 2017 DRAFT Page 3

6 Attachment A (b) Except for land use applications, 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 or a land use application (except a Type I application described at EC ) shall demonstrate compliance with the following standards at the time of application submittal. (a) Single Business Operation. Development shall be limited to a single business operation per tax lot as shown on Figure or subsequently created as permitted by the lot standards in EC (b) Lighting. The proposed use shall comply with the Outdoor Lighting standards in EC (c) Indoor Activity. For development located south of Clear Lake Road only, manufacturing operations of the proposed use shall be conducted indoors. (d) Separation. The following uses shall be located at least 1,000 feet from the abutting property line of a parcel that is designated in the comprehensive plan as Government and Education, Parks and Open Space, or Residential (except property lines of parcels owned by the City of Eugene Airport): 1. Concrete mixing and batching. 2. Manufactured and mobile homes manufacturer. 3. Metal products fabrication, machine/welding shops (no blast furnaces). 4. Motor vehicles and transportation equipment manufacturer. 5. Paints and allied products manufacturer 6. Paper and allied products (not including mills converting raw material, i.e., pulp to paper). 7. Recreational vehicles manufacturer. 8. Recycling composting, facilities requiring DEQ permit. 9. Service station, includes quick servicing. 10. Trucking terminal. 11. Wholesale, warehousing, and distribution (unless provided in association with a business in one of Eugene s targeted industries as identified in the Envision Eugene Comprehensive Plan, such as food and beverage manufacturing). (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 Page 2 of 6 APRIL 2017 DRAFT Page 4

7 Attachment A exceeds 25 percent of the existing building square footage on the development site or a land use application (except a Type I application described at EC ) 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, 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 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: (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) (q) Wood biomass-fueled cogeneration facility. Wastewater (sewer) treatment facility (not including industrial pretreatment facilities). (5) Adjustment Review. (a) The standards at EC (2) through (3) may be adjusted in accordance with EC (36). (b) Even if adjustment would be allowed in the base zone, the stormwater standards in EC through are not eligible for adjustment in the /CL Clear Lake Overlay Zone. Page 3 of 6 APRIL 2017 DRAFT Page 5

8 Attachment A /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 (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 Clear Lake Area Large Lot Portfolio. Table (1) Clear Lake Area: Large Lot Portfolio Lot Size Ranges Large Lot Category (See Figure ) 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 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 as A, B, C, or D) are prohibited from land division 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, so long as the property line adjustment does not reduce either tax lot below its needed portfolio acreage (identified in Table ) 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 as *) may pursue property line adjustments 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 Page 6

9 . Attachment A Page 5 of 6 APRIL 2017 DRAFT Page 7

10 Attachment A 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 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 Page 8

11 Attachment B Sections through are added to the Eugene Code, 1971, to provide as follows: 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 /CL Clear Lake Overlay Zone Applicability. EC through EC 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 /CL Clear Lake Overlay Zone Siting Requirements. When consistent with the approval criteria in EC Zone Change Approval Criteria, the /CL Clear Lake Overlay Zone shall be applied only to the area depicted on Figure Clear Lake Area Overlay Zone /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, or a building expansion that exceeds 25 percent of the existing building square footage on the development site or a land use application (except a Type I application described at EC ) shall include the following additional application material at the time of submittal: (a) Demonstration of compliance with EC Neighborhood/Applicant Meetings. Developments that require multiple applications may convene a single neighborhood/ applicant meeting to address all materials; and (b) Except for land use applications, 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 Page 1 of 7 FEBRUARY 2017 DRAFT Page 9

12 Attachment B 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 proposing a new building, change of use, or a building expansion that exceeds 25 percent of the existing building square footage on the development site or a land use application (except a Type I application described at EC ) shall demonstrate compliance with the following standards at the time of application submittal. (a) Lighting. The proposed use shall comply with the Outdoor Lighting standards in EC (b) Indoor Activity. For development located south of Clear Lake Road only, manufacturing operations of the proposed use shall be conducted indoors. (c) Separation. The following uses shall be located at least 1,000 feet from the abutting property line of a parcel that is in residential or public use or a parcel that is designated in the comprehensive plan as Government and Education, Parks and Open Space, or Residential: 1. Concrete mixing and batching. 2. Manufactured and mobile homes manufacturer. 3. Metal products fabrication, machine/welding shops (no blast furnaces). 4. Motor vehicles and transportation equipment manufacturer. 5. Paints and allied products manufacturer 6. Paper and allied products (not including mills converting raw material, i.e., pulp to paper). 7. Recreational vehicles manufacturer. 8. Recycling composting, facilities requiring DEQ permit. 9. Service station, includes quick servicing. 10. Trucking terminal. 11. Wholesale, warehousing, and distribution. (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, or a building expansion that exceeds 25 percent of the existing building square footage on the development site or a land use application (except a Type I application described at EC ) shall provide a statement on the application plans committing the applicant to compliance with the following performance standards during operation: (a) (b) Odors and Emissions. Emission of smoke, dust, fumes, 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. Vibration. Uses are operated so that any generated ground vibrations continuous or recurrent are not perceptible, without Page 2 of 7 FEBRUARY 2017 DRAFT Page 10

13 Attachment B 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 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: (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 pretreatment facilities). (5) Adjustment Review. (a) The standards at EC (2) through (3) may be adjusted in accordance with EC (36). (b) Even if adjustment would be allowed in the base zone, the stormwater standards in EC through are not eligible for adjustment in the /CL Clear Lake Overlay Zone /CL Clear Lake Overlay Zone Land Division Requirements and Lot Standards. (1) Land Division. (a) Land division or property line adjustment approval may be required to create lots that are consistent with the city s large lot portfolio, as defined in the city s Economic Opportunity Analysis. Partition approval is subject to the applicable provisions of EC through EC , property line adjustment approval is subject to the applicable provisions of EC through EC , and subdivision approval is subject to the applicable provisions of EC through EC To create the larger lots in the portfolio, applications are exempt from the property line adjustment application requirement of EC (1)(c). Page 3 of 7 FEBRUARY 2017 DRAFT Page 11

14 Attachment B (b) (c) (d) In lieu of compliance with the lot standards applicable to the base zone at EC through , applications for partitions, property line adjustments, and subdivisions in the /CL Clear Lake Overlay Zone shall demonstrate compliance with the land division requirements and lot standards in subsections (2) through (4), below. Nothing contained herein shall preclude lot consolidation within the /CL Clear Lake Overlay Zone to create the large lots designated in Figure A development site, as defined in EC , may be considered a single site in order to fulfill the requirements of the large lot portfolio in subsections (2) and (3) of this section. (2) Large Lot Portfolio Mapped Option. (a) (b) (c) Through compliance with the following standards, land divisions or property line adjustments shall result in lots consistent with the lot size ranges in the identified Large Lot Category as depicted in Table Clear Lake Area Large Lot Portfolio. When locating the boundaries depicted on Figure , follow tax lot lines, public rights-of-way, and natural drainage features to the greatest degree practicable. Property identified for a particular lot size range, or ranges, as shown on Figure and Table (2) must provide at least one lot within each of the applicable lot size ranges for each Category indicated on the property. The applicable lot size range may preclude division. Any additional resulting lot or lots shall be no less than 10 acres in size, except as provided in subsection (4) of this section. The minimum lot size shall be 10 acres. However, upon provision of the required large lot, where residual areas are less than 10 acres in size, new lots may be created according to the base zone lot standards. Table (2) Clear Lake Area: Large Lot Portfolio Lot Size Ranges Large Lot Category (See Figure ) Lot Size Range (Acres) A 10 to 19 B 20 to 49 C 50 to 74 D 75 or greater (3) Large Lot Portfolio Collaborative Option. As an alternative to subsection (2) above, land divisions within one of the sub-areas depicted in Figure 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 subarea in Table (3). Page 4 of 7 FEBRUARY 2017 DRAFT Page 12

15 Attachment B (b) (c) Any additional resulting lot or lots shall be no less than 10 acres in size, except as provided in (4). The minimum lot size shall be 10 acres. The tentative partition or subdivision plan or property line adjustment shall include a conceptual site plan that demonstrates the following: 1. That the remainder of the sub-area can achieve the minimum number of large lots without consolidation of more than 2 tax lots; and 2. That the proposal does not preclude the division of adjacent parcels, as provided in Table (3). Table (3). Large Lot Portfolio Flexible Option Minimum Lots by sub-area Minimum No. of Sites per Lot size range Sub-area A acres B C D. 75 and larger North Central South TOTALS (4) Reducing the minimum lot size. When the minimum number of lots required within the particular sub-area (Figure ) have 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 created within the applicable sub-area. Page 5 of 7 FEBRUARY 2017 DRAFT Page 13

16 Attachment B Figure Clear Lake Area Large Lot Portfolio * Undesignated areas of the Clear Lake Overlay zone. These areas are subject to all development and performance standards, including minimum lot size standards, but are not part of the large lot portfolio due to local geographic uncertainties (i.e., water courses, future transportation corridors). 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 Page 6 of 7 FEBRUARY 2017 DRAFT Page 14

17 Attachment B Figure Clear Lake Overlay Area is added to the Eugene Code, 1971, as shown on Attachment 1 to this Exhibit. Page 7 of 7 FEBRUARY 2017 DRAFT Page 15