Staff Memorandum - Laserfiche WebLink

Date: October 15, 2024 To: Eugene Planning Commission From: Doug Singer, PE, Development Service Manager Subject: Stormwater Development Standards The purpose of this memo is to provide the Planning Commission with City staff’s responses to testimony and with more information to explain the hierarchy set out in the City code that determines which type of stormwater quality facility must be included with a development or construction project. Response to Testimony The Planning Commission received both written and oral testimony about the proposed amendments to the stormwater development standards that were included with the September 10, 2024, staff memo to the Planning Commission. Testimony was from Dane Butler (of Butler Homes and the Western Oregon Builders Association) and Eric Favreau (of Favreau Engineering). On October 03, 2024, City staff met with Dan Revell (Executive Officer of the Western Oregon Builders Association), Dane Butler, and Eric Favreau. At that meeting, staff learned more about the concerns outlined in the testimony. Staff then met several times to discuss the concerns that were raised and are now proposing some changes to the code amendments initially presented for the Planning Commission’s consideration. To assist the Planning Commission in understanding the concerns raised in the testimony and staff’s proposed changes to address those concerns, attached to this memo is a revised draft ordinance (with the watermark “DRAFT 2”). This “Draft 2” includes a summary of each concern, located at the code section to which that concern relates, and shows staff’s proposed revisions to the September 24, 2024 version in red typeface. The revisions are intended either to address concerns raised in the public testimony or to correct typos or formatting errors. Stormwater Quality – Hierarchy of Methods for Treating Stormwater The City’s NPDES permit is a water quality permit issued by the Oregon Department of Environmental Quality (DEQ) under the federal Clean Water Act. It regulates the City’s stormwater discharges into Amazon Creek and the Willamette River. The NPDES permit outlines a hierarchy of methods of stormwater quality treatment that the City must apply to development and construction applications. Generally, an applicant that qualifies for an exemption from the highest priority method must include the next-highest priority method in its plans. The City’s NPDES permit requires that, for stormwater quality treatment of new and replaced impervious surfaces, the City prioritize onsite infiltration and filtration methods over off-site mitigation. This prioritization was initially incorporated into Eugene Code in 2014 and is being updated as a result of the City’s fourth-term NPDES permit issued in 2021. The proposed amendments update and clarify applicability of water quality treatment methods, exemption criteria, and adjustment review provisions consistent with the NPDES permit hierarchy. City of Eugene • 180 W 8th Avenue, Suite 200 • Eugene, OR 97401 • 541-682-5291 • www.eugene-or.gov