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HomeMy WebLinkAboutAgenda Packet 08.02.2022AGENDA ITEM SUMMARY August 2, 2022 To: Eugene Planning Commission From: Gabe Flock, Principal Planner & Project Manager Jeff Gepper, Senior Planner Subject: Work Session on Willamette River Greenway Code Amendments (City File: CA 22-1) ACTION REQUESTED At this work session, Planning Commission will continue the process of considering proposed land use code amendments that would create a new set of clear and objective standards for the review of proposed housing within the Willamette River Greenway. Staff will present additional materials in response to topics raised at the last work session in June, including possible setback alternatives and potential options for tree preservation standards. In addition, staff will also review several remaining key topic areas to get direction for revising the draft code in preparation for the second public hearing this fall. BACKGROUND The primary purpose of the Willamette River Greenway Code Amendments project is to update Eugene's Willamette Greenway Permit approval process to provide a set of clear and objective approval criteria for the review of housing development within the Willamette River Greenway. Several key components of the new clear and objective approval criteria are proposed to ensure that housing development within the Greenway will continue to be reviewed for consistency with the requirements of Statewide Planning Goal 15, and will comply with the "clear and objective" requirements of ORS 197.307 for housing. These key components, which were included in the draft code and were discussed at the initial public hearing, are summarized below: • Proposed Greenway Setback generally 100 feet from top-of-bank along the river, subject to exceptions for existing adopted Greenway setbacks in certain areas. (See Project Update Section below) • Limit on Maximum Length of Building Facades of 80 feet, when the fagade is located within 40 feet of the Greenway setback line. • Native Landscaping Buffering to require a 10-foot wide native landscape buffer along the development side of the setback line, with a combination of low screen shrubs and canopy trees required every 30 feet. (See Project Update Section below) • Limitations on Walls and Fencing within and near the proposed setback to help protect views to and from the river. • Limitations on Parking and Vehicle Use Areas between new buildings and the Greenway setback line. (See Project Update Section below) • Pedestrian Access Standards including required on-site pedestrian paths and public access connections toward the river. In short, the goal of the proposed code amendments is to provide a relatively simple but effective means of addressing the requirements of Goal 15 for proposed housing within the Greenway. The intended scope of the changes is limited but definitive; to help reduce barriers to housing development, meet the City's obligations under State law, and maintain a balanced approach to protecting the river as one of Eugene's most valuable natural resources with effective development standards. To be successful within our current budgetary and staffing limitations, as well as the Planning Division's full work plan over the next several years, the scope of the proposed code amendments needs to remain focused and is intended to be relatively simple as compared to other recent City-wide code amendment projects. As noted previously, the proposed amendments will not change the existing Willamette Greenway Boundary. This means the proposed amendments will not add or remove any lands within the formal boundary where Greenway regulations apply, as adopted and in place since the mid-1970's. As proposed, the regulations will only apply to the review of proposed housing on lands within the existing Willamette River Greenway Boundary that are zoned and designated for those uses and types of development. Proposed housing developments within the Greenway will have the option of choosing between the clear and objective standards and the existing discretionary standards. PROJECT UPDATE Planning Commission held the initial public hearing for proposed Willamette River Greenway Code Amendments on March 8, 2022. The March 8th public hearing packet includes a detailed summary of the code amendments as initially proposed, project background, related maps and other materials which can be found here. Testimony received to date has been provided to the Planning Commission previously, and is also available on the project website. Following an open record period for more testimony, and additional staff research on key topic areas for discussion, Planning Commission held a work session on June 14, 2022. For additional detail and background, those meeting materials can also be found here. At the June work session, Planning Commission provided clear support to move away from the initially proposed Type II "administrative review" review process for clear and objective track applications and continue using the City's existing Type III land use application process. This will maintain the City's existing requirement for a public hearing on all Willamette Greenway Permits, thereby simplifying the State's adoption process and eliminate the need for approval of a "Design Plan" as that term is used in the language of Goal 15. Planning Commission also unanimously passed a motion to re-open the record and direct staff to schedule a second public hearing on a revised draft code, to allow for more public input prior to deliberations and recommendation to City Council on the adoption package. At this work session, staff will provide additional details and seek direction on remaining key topics and revisions to the draft code, prior to the second public hearing. KEY PROPOSED CHANGES & TOPICS FOR CONSIDERATION A brief summary is provided below, with more information about remaining key proposed changes and topics for discussion at this work session: Greenway Setback Alternatives Based on interest expressed by some Commissioners at the last work session and in response to testimony from the River Road Community Organization and other interested parties, staff has prepared maps showing several site examples with Greenway setback alternatives at a greater distance from top-of-bank than the 100 feet proposed in the initial draft code. These site examples showing the alternative Greenway setback distance at 150 and 200 feet are provided in Attachment A. Per Commissioners request, a comparative analysis regarding Greenway setbacks and process requirements from other local jurisdictions is also provided in Attachment B. These increased setback areas and sample sites are generally located along the south and west banks of the river where the 100-foot setback has already been shown and proposed, as opposed to other areas with existing setbacks at 35 feet established through adopted refinement plans or special area zones. The examples shown in Attachment A raise some concerns about expanding the protected setback areas beyond that of established local policy under the existing provisions of Goal 5, and possible legal implications for the adoption process under needed housing statutes and Goal 15. These concerns and possible implications will be presented to the Commission for further discussion at the meeting. Goal 5 and Goal 15 Relationship As discussed extensively in prior meeting materials, the draft code also includes several provisions which staff has reviewed closely for compliance with the existing Statewide Goal 5 regulations and the Statewide Planning Goal 15 requirements that need to be met for this project. Considerable effort was made to look at the best possible options for integrating the existing Goal 5 regulations (from the /WR Water Resources Conservation Overlay Zone or "/WR Overlay") into the proposed new Greenway standards. Upon further review, legal concerns have arisen over some of the potential issues with creating connections between Greenway standards and those standards contained in the /WR Overlay requirements, particularly the exceptions listed for prior developed areas, the allowed use list, and development standards. In essence, staff proposes revising the code to make it abundantly clear that the protections and requirements of the /WR Overlay stand on their own, and that nothing in the existing /WR Overlay requirements can be used as a basis for approval or denial under the new clear and objective review track for Willamette Greenway Permits. The result would mean that only the newly adopted Greenway setback and related standards apply for purposes of review and approval of proposed housing during Willamette Greenway Permit review. The /WR Overlay requirements would remain in full force and maintain protections as they relate to Goal 5. Applicants would still be required to comply with these separately, but not as a basis for review and approval though the newly created standards for Willamette Greenway Permits. Tree Preservation Standards Staff will be bringing back additional information and concepts to get the Commissions direction on the possible addition of tree preservation standards that could be included as part of the approval criteria for Willamette Greenway Permits. The intent would be to use the recently adopted Clear & Objective code amendments ("C&O Amendments") as a framework. The C&O Amendments addressed the need for better tree preservation standards for a variety of clear and objective land use application types, such as Planned Unit Developments, Subdivisions and Site Reviews. As a reminder, the C&O Amendments are currently on appeal (not yet effective), and similar changes for Willamette Greenway Permits were outside the scope of that adoption package at the time. As discussed at the June work session, a variety of policy choices were made as part of that process as to the level of tree preservation versus mitigation, balancing the overall interest in removing barriers to new housing, and where the regulations should apply. For these reasons, the C&O Amendments (see Ord. 20647 beginning at EC 9.6885(2)) appear to be a good starting point for considering whether or not to further revise the draft code to add similar tree preservation standards to the approval criteria for clear and objective track Willamette Greenway Permits. For purposes of discussion at this meeting, staff will present concepts for how tree preservation standards may be incorporated into the Willamette River Greenway Code Amendments. Staff will present possible preservation and mitigation ratios that could be based on a similar approach used for the South Hills area, in which increasing levels of protection or flexibility were applied based on elevation. Put simply, the C&O Amendments dictated that the higher one goes in elevation, the more preservation is required. In the context of the Greenway regulations, the proposal would be river-centric, with ratios based on proximity to the river. Effectively, this would establish higher levels of tree preservation as one gets closer to the river, consistent with the intent of Goal 15. Staff will also assist the Commission in exploring other potential customization, exceptions, and nuances that may be needed to integrate adopted standards with those related to the Willamette Greenway. Native Landscape Buffering Another topic for additional input and possible direction relates to the proposed native buffering requirements along the new Greenway setback line. The proposed standards in the draft code EC 9.8814(3)(a) requires a 10-foot buffer of native plantings that will mature over time to provide a visual buffer between development and the river, which effectively increases the greenway setback by 10 additional feet. Staff would like confirmation regarding the proposed width and location of the buffer, at 10 feet wide along the Greenway setback. While it could be revised to provide something wider, or narrower, staff believes the proposed 10- foot width helps to meet the overall intent and provides a well-reasoned approach given the comparison with other codified landscaping standards. While the location of the native landscape buffer could also potentially be more flexible, the proposed location along the setback line is clear and simple, and has a direct relationship to the intended protection of scenic values along the river consistent with the intent of Goal 15. At the last meeting, staff presented information about the justification for the proposed 10-foot buffer width as compared to other similar buffering standards in the code, and the differences between the existing "L-2" and "L-3" landscape standards which provide for different planting requirements that could affect visibility between proposed development and the river. Staff reiterated that the proposed reliance on the "L-2" standard would still allow for filtered views to and from the river by having a lower shrub height between 30-42 inches versus the "L-3" standard, with a shrub height at least 6 feet high. Both standards also include the same requirements for vegetative ground cover and one canopy tree every 30 feet. While it may be a subject for interpretation as to the intent of Goal 15, staff does not believe that that the intent is to entirely block views between proposed development and the river. Staff also provided information about the City's adopted native plants list which identifies appropriate species for planting in areas along the Willamette River (as well as prohibited non- native, invasive species) and would be relied upon for required buffering along the Greenway setback. As with other aspects of the proposed code amendments, reliance on existing code provisions and the existing adopted plant list provides the advantage of consistency and simplicity in administration, as a familiar aspect of existing code requirements near protected natural resources. Based on testimony from the River Road Community Organization and possible interest in more flexibility, staff would also like more input on whether to allow some percentage of non-native species, also from an existing adopted plant list for required landscaping areas. Parking & Vehicle Use Areas The draft code includes a standard at EC 9.8814(3)(d) that prohibits parking and other vehicle use areas between any building and the Greenway setback. Similar existing standards also prohibit parking to be located between any building and a street. In response to questions and concerns about how to apply this standard, staff reviewed the draft code against other similar base zone and special area zone standards and found a variety of conflicting requirements that prohibit parking and vehicle use areas between the building and the street. In keeping with best practices and urban design principles, standards that prohibit parking between the building and the street are generally designed to foster walkable, pedestrian- friendly conditions. A variety of existing City-wide standards such as for commercial areas and multi-family housing, and in more localized special area and overlay zones, support these urban design principles. These current standards, as well as new Statewide requirements emerging from the Climate Friendly and Equitable Communities rulemaking, all appear to conflict with the prohibition on parking and vehicle use areas between buildings and the river as was initially proposed. Requirements for Fire Department and other emergency vehicle access around buildings could also present a very real public health and safety issue that would also require some accommodation, even if the prohibition is kept for other non-emergency vehicle traffic and parking between buildings and the river. As discussed at the last meeting, the draft code contains additional approval criteria that address on-site pedestrian access and public access with respect to the river, as well as standards for native landscape buffering along the Greenway setback, so staff recommends deleting this parking orientation standard from the draft code to eliminate this potential conflict. This change is relatively simple and will also have the general effect of pulling buildings farther away from the river if parking areas are allowed between buildings and the Greenway setback, also in keeping with the general intent of Goal 15. NEXT STEPS As noted in prior materials for this project, the proposed land use code amendments are subject to Type V application (legislative) procedures (EC 9.7500 through EC 9.7560), as well as the approval criteria in EC 9.8065. The next steps following this work session will be for staff to incorporate the additional direction and input from the Planning Commission on key code concepts into a revised draft code for consideration at a second public hearing, likely to be held in October. In advance of that second hearing, staff will need time to prepare the revisions and supporting findings and other documentation, as well as send a public hearing notice and provide a supplemental information to the Oregon Department of Land Conservation and Development (DLCD). After the second public hearing and consideration of additional testimony, the Planning Commission will resume deliberations at subsequent meetings and forward a recommendation to the City Council. The City Council will then hold its own public hearing and deliberations before taking final action on the proposed amendments. ATTACHMENTS A. Site Examples Showing Alternative Setback Distances B. Willamette Greenway Regulations Across Oregon FOR MORE INFORMATION More information regarding the Willamette River Greenway Code Amendment project, including the draft code as initially proposed, can be found here: https://www.eugene- or.gov/764/Land-Use-Code-Amendments, or by contacting staff directly: Gabe Flock, Principal Planner & Project Manager Telephone: (541) 682-5697 Staff E-Mail: GFlock@eugene-or.gov Jeff Gepper, Senior Planner Telephone: (541) 682-5282 Staff E-Mail: JGepper@eugene-or.gov To submit testimony regarding the Willamette Greenway Code Amendments, please send an email to GreenwayTestimony@Eugene-or.gov or mail to the Eugene Planning Division, 99 W. 10th Avenue, Eugene, OR 97401 k' r°;I r ~ a ~ _ ,7 µ3i q Willamette River Greenway Code Amendments (CA 22-1) Example Site with Proposed Setback - Tax Lot 17-04-13-31-00107 200' h, a r ~'r VI, rs'F'a R? ly f~ -will w ~a Q WRG Boundary Q 100' Setback 0 50 100 WRG Top of Bank 0150' Setback Feet 40 0 200' Setback W W -1 v'°`" - _ AL4 ='7` W f0c - - 1 tiq' i xy¢ ice.,. ° .1 r 1 ~'1 t_e - r rye row -.0 him, INA q ai*'~f.a~ a r `Jry • ♦ i i1 k ~ > , i 1~ i. ~ xza , ~j # S 4 'St~_r 200' W -L e~rr ' r 1 ~ 150' r. X r• 3 r.~i-r irr Willamette River Greenway Code Amendments (CA 22-1) Example Site with Proposed Setback - Tax Lot 17-04-13-34-00402 Q WRG Boundary Q 100' Setback 0 50 100 WRG Top of Bank 0150' Setback Feet 40 0 200' Setback r W A 6 4 F ~ I ML_ a ti`+ i' rl:.c. 1 et Yr . 200' n w-w' Ml~ r¢ ~,t r aV 1 150' N ° _ 100' .yd` 5 _wM •I ~ F x,~Jl~fr~~s.er,~YY~Yf a .a`aY~ r s. Willamette River Greenway Code Amendments (CA 22-1) QWRG Boundary p 100' Setback 0 75 150 Feet Example Site with Proposed Setback - Tax Lot 17-04-24-13-00200 WRG Top of Bank 0150' Setback 40 p 200' Setback -f°. F M=bMM IL r I ° t `FV Aft I 3F lubfi-- OA . _ 6' f 1 ° r rria Willamette River Greenway Code Amendments (CA 22-10) Example Site with Proposed Setback - Tax Lot 17-04-24-42-01800 Mal 1'r R ~ I J f ` YW■r 200' 150' 100' f ' V" ' ON !#t i ViAl 1 " T Q WRG Boundary Q 100' Setback 0 50 100 WRG Top of Bank 0150' Setback Feet 40 0 200' Setback Apti ~ ~ MI6 ry. ~Y F 1 Aft 100' .4111 Willamette River Greenway Code Amendments (CA 22-1) pWRG Boundary p 100' Setback u i5u juu Example Site with Proposed Setback - Tax Lot 17-03-30-23-01406 WRG Top of Bank 0150' Setback Feet 40 Q 200' Setback Attachment B CAMERON MCCARTHY LANDSCAPE ARCHITECTURE & PLANNING MEMORANDUM To: Gabe Flock Principal Planner From: Colin McArthur, AICP Date: July 25, 2022 Subject: WG Code Amendments (CA 22-1) Greenway Setback Comparison OVERVIEW At the June 14, 2022, Planning Commission (PC) deliberations meeting, Commissioner Fragala inquired about setback distances and processes used by other jurisdictions to review development within the Willamette River Greenway Boundary, and specifically the Greenway Setback, as well as uses approved through those processes. This memorandum provides a high-level comparative analysis of Willamette River Greenway regulations, boundaries, setbacks, and approval processes in selected Willamette Valley Cities including Springfield, Corvallis, Salem, Milwaukie, and Lake Oswego. COMPARATIVE ANALYSIS Springfield The City of Springfield administers Willamette Greenway provisions through an overlay district. The overlay district applies to all lands which are within 150 feet of the ordinary low water line or are adjacent to the river and are publicly owned for park and recreation purposes. Proposals for development within the Greenway boundary are reviewed under the Discretionary Use (Type III) procedure and Site Plan Review (Type II) process, where applicable. Springfield requires that any request for development approval be accompanied by an application for establishment of a Greenway Setback Line. The location of the Greenway Setback line is determined consistent with the standards in Section C.3. of Goal 15. Uses allowed in the overlay district are the same as those in the underlying zoning district. However, uses within the Greenway Setback Area are limited to water-dependent or water-related uses. Springfield does not prescribe a specific setback distance but sets out standards for the establishment of the setback. Corvallis The City of Corvallis administers Willamette River Greenway provisions through an overlay district. The overlay district coincides with the City's adopted Greenway boundary and applies to all CAMERON MCCARTHY Attachment B WG Code Amendments (CA 22-1) Greenway Setback Comparison July 25, 2022 development permitted by the underlying zones. Development within the overlay district requires Conditional Development approval (Type III) regardless of the use classification in the underlying zone. Proposed development within the overlay district must comply with development standards including a Greenway Setback. The setback applies to minimum building distances from the ordinary high-water line of the Willamette River. The minimum setbacks apply to four district areas of the City and vary in distance based on the conditions, as noted below: • 20 ft. westerly from Top-of-bank • 50 ft. westerly from Top-of-bank • A landscape strip sufficient to separate the bike path, and consistency with [a Riverfront Park Master Plan] • 100 ft. westerly from Top-of-bank The setbacks do not apply to water-dependent uses that require a riverbank location, or water- related uses the require direct access to the river. Salem The City of Salem administers Willamette Greenway provisions through an overlay zone. The overlay zone contains a Willamette Greenway Overlay Zone Boundary and a Compatibility Review Boundary. The overlay zone boundary is the original boundary as mapped by the Oregon Department of Transportation. The compatibility review boundary applies to the area located along each bank and lying within 150 feet from the ordinary low water line of the Willamette River. The overlay zone contains two classes or development permit approvals: A Class 1 Greenway development permit is required for any intensification, development, or change of use occurring within the Greenway Boundary, but outside the compatibility review boundary. A Class 2 Greenway development permit is required for any intensification, development, or change of use occurring inside the compatibility review boundary. Class 1 Greenway development permits are processed as a Type II procedure and Class 2 Greenway development permits are processes as a Type III procedure. Uses or activates that are permitted in the underlying zone are permitted in the overlay zone subject to applicable development permit approval. Development standards require the establishment of a riparian buffer. The riparian buffer must be established by the applicant using one of two methods and based on site conditions. The methods typically result in the establishment of a buffer between 50 ft. and 75. from the ordinary high-water line however, depending on the bank slope, the buffer may measure more than 100 ft. or 125 ft. In those cases, the property received a credit for meeting the wider riparian buffer as part of their mitigation plan, which is a water quality development standard. 2 CAMERON MCCARTHY Attachment B WG Code Amendments (CA 22-1) Greenway Setback Comparison Milwaukie July 25, 2022 The City of Milwaukie administers Willamette Greenway provisions through an overlay zone. The boundaries of the zone are identified on the Zoning Map. With the exception of uses that are water-dependent or water-related, all land use actions and any changes or intensifications of use, or development permitted in the underlying zone, are considered conditional uses and subject to Greenway Conditional Use approval (Type III). The approval criteria are drawn from Section C.3. of Goal 15 and include an additional requirement for a vegetation buffer plan. The vegetation buffer requirements include the identification of a strip of native vegetation and land located between the ordinary high-water line and 25 ft. upland. This area is required to be preserved, enhanced, or reestablished unless otherwise allowed (e.g., water-dependent and water-related uses). The buffer plan must demonstrate compliance with the following requirements: • Riverbank stabilization • Scenic view protection • Retain existing native vegetation and large trees • Restore native vegetation • Enhance vegetation buffer area • Security that the plan will be carried out Lake Oswego The City of Lake Oswego administers Willamette Greenway provisions through a Greenway Management Overlay District. The overlay district boundary extends 150 ft. shoreward from the ordinary low water line of the Willamette River and this line is used as the compatibility review boundary. All development within the overlay district is reviewed in accordance with a Type III process with a Design Review Committee acting as the decision-making authority. The approval criteria are drawn from Section C.3 of Goal 15 and include additional criteria that address non- water related or dependent structures the require them to be located no closer than 25 ft. of specific setback lines that apply to the following features in specific geographical areas of the City: 50-year floodplain line Western edge of [a] paved pedestrian path [in George Rogers Park] Western right-of-way line for Old River Road SUMMARY Following are key findings from the comparative analysis addressing approval criteria, the review boundary, setbacks, and review procedures. Approval Criteria All of the cities have similar, subjective approval criteria drawn from Section C.3. of Goal 15. Some cities, such as Corvallis, apply development standards in addition to compatibility review approval criteria. None of the cities have approval criteria and standards that are 3 CAMERON MCCARTHY Attachment B WG Code Amendments (CA 22-1) Greenway Setback Comparison July 25, 2022 entirely clear and objective and for the purpose of reviewing housing development within the Greenway Boundary. Review Boundary Salem, Corvallis. and Milwaukie have a Greenway boundary that is defined on their zoning map, similar to Eugene (except Eugene's is shown on the Metro Plan diagram). Springfield, Salem, and Lake Oswego have a Greenway compatibility review boundary that extend 150 ft. from the ordinary low water line. Setbacks • Springfield requires a setback line be established in conjunction with development, and sets out criteria for its establishment, but does not prescribe a distance. • Corvallis applies a setback from top-of-bank based on districts that can be 20 ft., 50 ft., 100 ft., or a landscape strip consistent with their Riverfront Park Master Plan. • Salem requires the establishment of a riparian buffer that is typically 50 ft. to 75 ft. in width from the ordinary high-water line. However, the buffer can measure from 100 ft. to 125 ft. depending on bank slope. In those cases, the development receives a credit toward meeting water quality standards. • Milwaukie requires a vegetative buffer 25 ft. upland from the ordinary high-water line. • Lake Oswego requires that all structures be no closer than 25 ft. to specific geographic features along the river in three different areas. Review Procedures All cities review development within the Greenway Boundary or compatibility review boundary using a Type III process, with the exception of Salem, which reviews development outside of the compatibility review boundary (150 ft.) using a Type II process. Water- dependent or water-related uses are either allowed within the Greenway boundary, compatibility review boundary, and applicable setback (or buffer) or reviewed using a lesser process (Type I or Type II). 4 CAMERON MCCARTHY