CC Minutes - 09/21/05 WS - Laserfiche WebLink

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Mr. Pape determined from Mr. Bjorklund that the council's action to change the City's approach in the uplands inventory in the south hills did not affect the study before the council. Work on the uplands study had not begun. Mr. Pape asked if additional protections could arise from that work. Mr. Bjorklund said yes. Mr. Pape determined from Mr. Bjorklund that somewhere between 5,000 and 7,000 lots would be affected by the uplands inventory in the south hills. Mr. Pape asked if the City would notify the property owners of the council's action. Mr. Bjorklund said yes, when the staff embarked on that work. At the request of Mr. Pape, Mr. Bjorklund reviewed the different levels of protection being proposed at this time. He said that adjustments were available in each category, but they were keyed to the category and the type of resource in the category. The commission wanted to avoid a situation where the setback was reduced so far that the resource was not adequately protected. Mr. Pape asked about the impact of Ballot Measure 37 on the regulations, suggesting that additional setbacks could impair a developer's ability to divide a site into as many lots as previous. Mr. Bjorklund concurred, but pointed out that in the case of subdivisions that had been developed in the past five years, developers were generally designing them to maintain such corridors as an amenity to the development. Mr. Pape said if the City was taking land out of the 20-year land supply by protecting more acreage, it may have an issue with the existing buildable land supply. Ms. Jerome responded that the City could not adopt a land use regulation without doing an analysis of that issue. She reiterated that staff did a worst-care scenario analysis that indicated a surplus still existed in all three categories of buildable land. Ms. Bettman commended staff for its work on the issue. She recalled the council's motion to establish a conservation fund to pay for natural resource sites, and asked when the council would see the results of that work. City Manager Taylor indicated the City Attorney's Office was doing the required work. Ms. Bettman referred to the "reduce and restore" option and asked how the City monitored the restoration and setback when the property changed hands. Mr. Bjorklund said the City would take the same approach as it did to code enforcement violations, which was frequently complaint-driven. He suggested that education was the key to compliance with the ordinance. He said staff would continue to work with property owners to educate them about the regulations, and with Parks and Open Space staff, for example, on such things as community education regarding native plants. Ms. Bettman asked if the property deed would reflect the \WR overlay, or if there would be any documenta- tion of the overlay that was carried with the ownership of the property. Mr. Bjorklund said the City had limited opportunities to affect deeds, but it would track that information. Ms. Bettman suggested the 20-year buildable lands inventory was less predicated on lots than on housing units, and that was a density issue. She questioned why, in Section 9.2751, Special Development Standards for Table 9.1040, staff proposed that the Planning Director round down the acreage of land to the previous whole number to calculate the minimum net density, which could diminish the potential density on large lots. Mayor Piercy solicited a second round of council questions and comments. Mr. Kelly echoed Ms. Bettman's request for follow-up regarding the proposed compensation fund. Mr. Kelly returned to his concerns about the flexibility provided by adjustment review. Mr. Bjorklund referred him to Section 9.8030(21)(a)(l), and explained that the 33 percent calculation was not 33 percent MINUTES-Eugene City Council Work Session September 21,2005 Page 5