Stormwater Development Standards, November 6, 2024, staff memo <br />City of Eugene • 180 W 8th Avenue, Suite 200 • Eugene, OR 97401 • 541-682-5291 • www.eugene-or.gov <br />Written testimony from Dane Butler (of Bulter Homes and Western Oregon Builders Association), Michael Reeder (representing Bulter Homes), Dan Revell (of Western Oregon Builders Association) and Teresa Bishow (of Bishow Consulting) all expressed concerns regarding the lack of a “vesting” provision in the proposed code. Testimony argues that the proposed amendments should not apply to construction on a lot that was created by a city-approved subdivision or planned unit development (PUD). A city or the state can certainly specify in its code or statute, using a “vesting” provision, that a certain type of development can occur based on earlier development standards. In fact, the State of Oregon has done so with respect to subdivisions. An Oregon law states that, if a lot is part of a subdivision that was approved within the previous 10 years, the developer of that lot may choose to build on the lot under the development standards that applied to it on the date the subdivision was approved, or it may choose to build to the development standards that are in place at the time of construction. If a lot in that subdivision has not been developed within 10 years, it is no longer “vested” by this State law. In other cases, it can be more complicated to determine whether a previous land use approval somehow entitles the later construction on the subject property to occur in a way that does not meet current code requirements. Generally, construction on land in the City of Eugene must be consistent with all development standards that are in effect at the time of the construction. However, there are some exceptions to this general rule. For example, Eugene’s code allows a land use applicant to explicitly address development standards as part of the more preliminary land use approval process. When that happens, as evidenced by a performance agreement between the City and the developer, the later development does not have to address that same development standard again, even if the City has changed the development standards in the meantime. Staff are not proposing to include in the code a “vesting” provision that guarantees that a future development be exempt from the revised stormwater development standards. The NPDES stormwater permit requires the city to improve the water quality of the stormwater runoff to the receiving waters. The stormwater development standards are written to provide for water quality improvement from new and replaced impervious surfaces in order to comply with the NPDES permit. The proposed amendments provide some broad exemptions and off-site alternatives to the construction of on-site filtration and infiltration stormwater facilities when there are hydrologic, geologic or land use constraints. Exempting all development located within an area subject to a previously approved subdivision or PUD would not be consistent with the NPDES permit. Teresa Bishow raises concern that the City will require land use applications for PUDs, subdivisions, or site review that are in process and tentatively approved at the time these amendments are adopted to comply with the new development standards. Staff has made it clear, however, that any approved plans, including conditions of tentative land use approval, are the basis for the City’s final approval process, meaning they would not have to comply with the new development standards. Bishow also raised concern that the proposed code amendments are not consistent with Statewide Planning Goals 9 and 10 and Envision Eugene. As demonstrated in the findings attached as an exhibit to the draft code provided to the Planning Commission, these code amendments are consistent with Goals 9 and 10 and Envision Eugene. <br />Agenda Page 27 of 27