<br /> <br /> <br />CA 24-3 Code Amendments Page 2 of 3 <br />Bishow Testimony October 25, 2024 <br />decisions and conditions of approval. If the applicability of new stormwater standards does not vest prior <br />land use decisions it will cause a financial burden and unnecessary delay in getting projects a pproved. <br />If new stormwater standards require changes to the development site that deviate from the approved <br />tentative plan the applicant may be forced to start over with a new tentative plan instead of moving <br />efficiently to the Final Plat or Final PUD. <br /> <br />2. Acknowledge Approved Land Use Decisions <br /> <br />EC 9.6791 Stormwater – Flood Control, subsection (3)(b) states: <br /> “Stormwater runoff from the development site for applicable flood control design storm shall be: <br />1. Discharged into existing flood control facilities that, considering all developments <br />that have received tentative or final plan approval as of the date the applicant <br />submits a complete application, have the capacity to handle the stormwater runoff; <br />2. Retained or detained onsite; or <br />3. Discharged into a new stormwater flood control facility constructed by the <br />applicant.” <br /> <br />The above standard acknowledges tentative or final plan approvals and requires the applicant’s engineer <br />to consider these projects when conducting the stormwater runoff calculations. If this is the case, why are <br />approved land use decisions not explicitly exempt from the updated stormwater standards? <br /> <br />Draft EC 9.6793(2) Stormwater – Flow Control (Headwaters) standards will apply to all land use <br />applications and development permits. This will create undue hardship for developers that have prior <br />approved land use decisions that require a separate final land use application. For example, Final Plat or <br />Final PUD applications must be consistent with the tentative approved plan and any conditions of <br />approval. If the Final Plat or Final PUD must meet new stormwater standards this could require changes <br />to the approved tentative plan resulting in significant delays and substantial costs. <br /> <br />3. Phase-In Updated Stormwater Standards in a Fair and Equitable Manner <br /> <br />If the Planning Commission does not change the applicability provisions to vest approved land use <br />decisions, I urge the Commission to recommend the ordinance not be effective for at least 120-days <br />following adoption. This may provide time for projects with approved land use decisions to submit <br />development permits subject to the existing standards. <br /> <br />Approval Criteria <br /> <br />Code amendments must be consistent with statewide planning goals, the comprehensive plan, and <br />adopted refinement plans. See EC 9.8065. <br /> <br />The Code Amendments are NOT Consistent with Statewide Goal 9 <br /> <br />Goal 9: Economic Development- To provide adequate opportunities throughout the state for a <br />variety of economic activities vital to the health, welfare, and prosperity of Oregon’s citizens. <br />