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HomeMy WebLinkAbout06/08/1992 Meeting (2) e e e M I NUT E S Eugene City Council McNutt Room--City Hall June 8, 1992 5:30 p.m. COUNCILORS PRESENT: Mayor Jeff Miller, Shawn Boles, Bobby Green, Ruth Bascom, Randy MacDonald, Paul Nicholson, Kaye Robinette, Roger Rutan, Debra Ehrman (after 5:45 p.m.). I. WORK SESSION: WILLAKENZIE AREA REFINEMENT PLAN Mayor Miller introduced Allen Lowe of the Planning and Development Department. Mr. Lowe said that Mr. Nicholson, Ms. Ehrman, and Ms. Bascom toured the Willakenzie area and viewed the sites that will be discussed during this work session. Mr. Lowe said the issues to be addressed were as follows: minimum residential development density standards; North Delta Highway; Ayres Road; a new collector street south of Gilham Road; the classification of Satre-Van Duyn as a collector street; Gillespie Butte height restrictions; and a high density Metro Plan amendment request. A. Minimum Residential Development Density Standards Mr. Lowe pointed out that in the packet was a comparison of the Planning Team recommendations and those of the Planning Commission. He said that the Plan- ning Team's recommendations based on the Metro Plan assumptions for low-, medium-, and high-density residential designations indicated that there would be 1,700 total units in the area designated for Metro Plan amendments for residential development. Mr. Lowe stated that there are four sites on which residential development is unlikely: Willagillespie School, Sacred Heart Hospital, Meadowlark Elementary School, and Marist High School. This reduces the number of units that are likely to be built by 1,440 units. Therefore, the Planning Team recommendations, based on Metro Plan assumptions, would result in a 260-unit increase in residential units. The recommendations of the Planning Commission would result in an increase of 590 residential units (based on Metro Plan assumptions). However, the Planning Commission is also recommending minimum density stan- dards for medium- and high-density development. Assuming those standards, rather than Metro Plan assumptions, results in a deficit of 60 dwelling units. Mr. Lowe explained that a deficit would result because the Planning Commission recommends that high-density development be assumed at 15 units per acre rather than the assumption of 25 units per acre (as in the Metro Plan current- ly) . MINUTES--Eugene City Council 5:30 p.m. June 8, 1992 Page 1 e e e Ms. Ehrman arrived. In response to a question from Mr. MacDonald, Mr. Lowe said that the Planning Commission's assumption of 15 units per acre for high-density development would apply only to the Willakenzie planning area. He added, however, that there is a proposed action in the refinement plan that would amend the Eugene Code to establish minimum density standards citywide so that the Willakenzie area would not be unjustly singled out. He said that adopting the plan would not automatically amend the code, but that a code amendment would require a separate process. Mr. Robinette pOinted out that the assumption of 15 units per acre is still an assumption of the minimum density that may occur. Mr. Boles noted that it is highly improbable that development will be achieved at assumed levels of 15 units per acre if minimum standards are not imposed. Mr. Robinette wondered why a recent development request was denied on the basis that it may create density that is too high. Mr. Lowe was unfamiliar with the specific request, but said that it may be related to the City's 4,500 square-foot minimum lot size, or perhaps the proposed development exceeded the maximum density allowed in that zoning district. In response to a question from Mr. Boles, Mr. Lowe said that the Metro Plan targets six dwelling units per gross acre. Mr. Boles wondered which alterna- tive would most likely achieve that goal. Mr. Lowe said that all alternatives attempt to move toward that goal. He noted that it is very difficult to predict which assumption will best accomplish Metro Plan goals because there is no minimum density standard for low-density development. He added that, of the options presented, a requirement for a minimum density (Option C) would best assure achieving Metro Plan densities. Mr. Lowe said the Metro Plan assumes an average of 6 units per acre, but in reality, development has only achieved a density of 3 to 5 units per acre. Mr. Lowe said that several residents expressed concern about the effect of minimum density standards on the character of the area. The concern of staff revolved around the fact that low-density developments are occurring on land designated for medium- and high-density residential development. Mr. Lowe noted that the major concern is loss of land designated medium- and high-density residential, not the number of dwelling units. Mr. Nicholson said that the staff notes represent only the potential development that could occur. Mr. Lowe agreed, and clarified that the figures represent the assump- tions used in the Metro Plan and those accompanying the recommended minimum density standards. He added that current development patterns are highly variable, and depend largely on market demands. Mr. Nicholson wondered why there were no minimum density standards recommended for low-density residen- tial development. Mr. Gleason noted that if that were the case, the infra- structure costs would push costs beyond what the market would accept. Mr. Lowe pointed out that both the Planning Commission and the Planning Team recognized the importance of allowing the market to largely determine how low- density development would occur. In addition, the low-density development MINUTES--Eugene City Council 5:30 p.m. June 8, 1992 Page 2 patterns were not considered a problem, as was the loss of the medium- and high-density land. Ken Tollenaar, of the Planning Commission, stated that the minimum density assumptions are not probable densities. He emphasized that the Planning Commission recommended minimum density standards for medium- and high-density development citywide. He said that when that issue is presented to the City Council, the issue of establishing a minimum density standard for low-density development could be discussed. He said that the Planning Commission did not discuss such a standard, although he supported the concept. In response to a question from Ms. Bascom, Mr. Lowe said that low-density development in the Willakenzie area currently occurs at three to five units per acre. In reference to the last paragraph discussing residential densities on page four of the staff notes, Mr. Boles wondered why minimum density re- quirements have not been imposed already, if they are suggested in the Metro Plan. Mr. Lowe stated that there are several proposed actions in the Metro Plan which have not been imposed. In response to a question from Mr. Robinette, Mr. Lowe said that the proposed development on Country Club Road would not significantly affect the figures in the staff notes. In response to a question from Ms. Bascom, Mr. Lowe said that the disagreement between the Planning Commission and the Planning Team was not about specific lots, but rather, about whether the Planning Team had met the Metro Plan requirements. The magnitude of the disagreement was 300 dwelling units. He added that the Planning Team and the Planning Commission ~ also disagreed conceptually on the issue of the character of the area. e e B. North Delta Highway Mr. Lowe indicated on the displayed map the location of the proposed side- walks. He said that testimony was heard from an owner of adjacent property outside the urban growth boundary (UGB) who stated that sidewalks are not needed in that area. The Planning Team maintained that sidewalks are not needed on the west side of Delta Highway, and proposed that sidewalks be added only on the east side. Mr. Lowe said that currently, TransPlan includes a project to improve the segment of North Delta Highway with bicycle paths and sidewalks on both sides of the street. That project is based on the belief that, in the future, traffic on the highway will increase, the surrounding undeveloped land will be residentially developed, and transit needs on the highway will increase. He said that providing sidewalks on both sides of the street will allow Lane Transit District (LTD) to provide north- and southbound service. The Planning Team also expressed concern about safety, because that segment of the highway is frequently used by gravel trucKs. Mr. MacDonald clarified that the Metro Plan does not anticipate growth beyond the UGB. In response to a question from Mr. MacDonald, Mr. Lowe said that the area inside the UGB, near North Delta Highway, is designated Light Medium MINUTfS--fugene City Council 5:30 p.m. June 8, 1992 Page 3 . e e Industrial. He said that there are four developments and about 350 employees in that area. Mr. MacDonald suggested that sidewalks be provided only near LTD transit stops and not along the entire length of the highway. Mr. Lowe said that that suggestion was not discussed by the Planning Team or the Plan- ning Commission, but it is an option. In response to a question from Ms. Ehrman, Mr. Lowe said that LTD could provide stops without sidewalks, but crosswalks would also be needed. In response to a question from Ms. Bascom, Mr. Lowe said that improvements on the portion of the street outside the UGB would be funded by lane County. Mr. Lowe was not sure how wide the acquired right-of-way is in that area. Ms. Bascom requested more examination of that issue, noting that the appearance of the corridor needs to be improved. Mr. Lowe stated that the plan contains such a policy. Dave Reinhard, Transportation Engineer, said that specific requests should be heard at the project development stage. He said that the main concern of the Public Works Department is that the plan not preclude sidewalk development. In response to a question from Mr. Green, Mr. Reinhard said that the Eugene Code does not require sidewalks for industrially zoned areas, and therefore, they are not funded by systems development charges. In response to a question from Mr. Boles, Mr. Lowe said that Opportunity Area A is outside the city limits, but inside the UGB. In response to another question from Mr. Boles, Mr. Lowe said that it is approximately one quarter of a mile from the northwest corner of Opportunity Area A to the neighborhood commercial node--well within walking distance. In response to a question from Ms. Ehrman, Mr. Lowe said that there is consid- erable development pressure in the area. He said that the improvement of the streets is intended to be planned in conjunction with development. C. Satre-Van Duyn Mr. Lowe indicated on the displayed map the two sections of Satre-Van Duyn under consideration for collector classification. He said that TransPlan contains projects that would result in that classification, and both streets currently function as collectors. The Planning Team preferred the street classified as local and closed to through traffic. The Planning Commission did not support that recommendation because the street currently functions as a collector and there are no other nearby streets that could function as a collector. D. Gillespie Butte Height Limitations Mr. Lowe said that the plan currently contains standards for development on Gillespie Butte that include a height limitation of 585 feet. Mr. Lowe stated that the butte is a proposed park site and the value of the park site will rise due to the viewshed. Recent development has occurred near Spyglass Road on the east side of the butte that blocks the view. The height development restriction has been recommended to avoid similar development on the west side. MINUTES--Eugene City Council 5:30 p.m. June 8, 1992 Page 4 ~ Mr. Lowe said that testimony from Mr. Jones, a property owner, cited his request for relief from the proposed height limitation. Another property owner is requesting the limitation be extended to 595 feet, for development on Tax Lot 200. The elevation of the site in question is 556 feet. Currently, the code allows development of 20 to 25 feet. Theoretically, a structure of 30 to 32 feet could be built. With that elevation and height limitation, the height of the structure could be 588 feet--three feet above the height limits proposed in the plan. Mr. Lowe said that Tax Lot 200 is adjacent to the park. Its elevation is about 570 feet. e In response to a question from Ms. Ehrman, Mr. Lowe said that no detailed design exists for the park. He added that the policy contains a clause allow- ing park facilities. Mr. Bascom commented that allowing a structure that exceeds the suggested height limitation by only ten feet would not spoil the viewshed or compromise the value of the park. She preferred remaining flexible and working with the developer. Mr. Nicholson suggested allowing a structure of 588 feet, thereby only exceed- ing the recommended standards by three feet. Mr. Tollenaar explained that all property on the butte can be developed at a height limitation of 585 feet, without undue excavation hardship, with the exception of lot 200. He said that the Planning Commission recommended allow- ing the structure on Tax Lot 200 to exceed the height limitation because it did not want to prohibit the developer from building a two-story house. Mr. Tollenaar was unsure how a 588-foot structure would effect the viewshed from the Butte. Mr. Nicholson pointed out that the house on the east side appears to exceed the height limitation. Mr. Lowe was uncertain of the height of the structure and indicated that its development history was not accessible. Mr. Boles expressed frustration about staff's lack of information about whether existing structures comply with existing standards. E. High Density Metro Plan Amendment on Country Club Road Mr. Lowe said that a high-density residential designation was requested for a 12-acre parcel on Country Club Road, east of the Eugene County Club. Mr. Lowe indicated that staff supports the proposal. Mr. Robinette wondered if Mr. Farthing's client would be willing to construct a restaurant along with the proposed residential development. Mr. Boles objected to opening a dialogue with the public, since this was not a public hearing. F. Ayres Road Mr. Lowe presented an overhead of Ayres Road, and noted nearby commercial and residential developments. He said that the plan proposes to improve Ayres e MINUTES--Eugene City Council 5:30 p.m. June 8, 1992 Page 5 . e e Road to minor arterial status. Those who testified expressed concern about existing old trees and transmission lines along the road. Testimony requested that the proposal be relocated, and indicated that Opportunity Area A was undeveloped and that a street could easily be developed in that area if devel- opment was planned. The preferred option was to construct an east/west col- lector across Opportunity Area A. The plan recommends a north/south collector street. Mr. Lowe indicated that an east/west collector would disturb a tenta- tively approved subdivision. He added that it would be difficult to integrate a new collector street with the street system in that subdivision. Also, such a proposal shifts the issue from property owners on Ayres Road to those in other locations, who have not been actively involved in the process. He added that a new street alignment would need to bridge a major drainage channel that exists in that area. Mr. Lowe said that the street has not been designed, and staff is confident that the design will take into account significant trees and power lines, and could be limited to two lanes along most of the corridor, widening to three lanes at intersections. G. New Collector Street South of Gilham School Mr. Lowe presented overheads of proposed street configurations. He said that the Planning Team recommended a barrier restricting through traffic. Staff recommends that the street be a through street. Mr. Lowe presented several proposed street designs. One design was for a straight line between Gilham Road and County Farm Road. Other designs con- tained "jogs," for the purpose of minimizing through traffic and reducing traffic speed. Mr. Lowe emphasized that the street has not been designed, and he added that staff is confident that the concerns of the residents can be met during the design phase of street construction. He said that the street could become narrow at various intersections to provide safe, easy street crossing. He said that the street should be accessible to LTD, and that LTD approves of a street configuration that contains IjogS." In response to a question from Mr. Robinette, Dave Reinhard, Public Works Department, said that during the design construction phase of the street, there is opportunity for citizen input. Mr. Lowe added that the policy in the plan calls for working with the neighborhood. Mr. Robinette said that the school district should also be involved. H. Revisit of Previous Issues The council briefly discussed the proposed Gillespie Butte height limitations. Ms. Bascom thought that a limitation of 588 feet would provide the needed flexibility, but Mr. Boles pointed out that that would not address lot 200. Mr. Nicholson pointed out that although the Planning Commission did not want to prohibit development, height restrictions are necessary. In response to a question from Mr. Nicholson regarding the expectation of property owners, Mr. Lowe said that currently, there is no height limitation on Gillespie Butte, MINUTES--Eugene City Council 5:30 p.m. June 8, 1992 Page 6 e e e other than building height restrictions in the code that apply to all build- ings. Mr. Robinette moved, seconded by Ms. Bascom, to modify revision #53 (Gillespie Butte Site Development Standard 6) as follows: With the exception of Tax Lot 200--Assessor's Map 17-03-19-4 3, which shall have a maximum height limitation of no more than 595 feet above mean sea level, Tax Lots 203 and 204--Assessor's Map 17-03-19-4 3, which shall have a maximum height limitation of no more than 588 feet above mean sea level, and park-related develop- ment on public land, the maximum height of any building within the area affected by these guidelines shall be 585 feet above mean sea level. The motion carried, 5:3 (Mr. Boles, Ms. Ehrman, Mr. Nicholson opposed). Revisiting the issue of whether sidewalks should be provided on one or both sides of North Delta Highway, Mr. Rutan expressed concern that the council be responsive to the needs of development in the area. He thought sidewalks should be constructed only on the east side of the highway. Mr. Nicholson maintained that pedestrian facilities are needed on both sides of the street and noted the shopping facilities and high number of employees in the area. In response to a question from Mr. MacDonald, Mr. Reinhard said that the sidewalks will not be funded by development permit costs. In response to a question from Mr. Green, Mr. Reinhard said that the council will revisit the project during the design construction phase. Ms. Bascom expressed concern about the aesthetics of the corridor. The council agreed, by unanimous con- sensus, that it is appropriate to plan for sidewalks on both sides of North Delta Highway, as recommended by the Planning Commission. Mr. Robinette moved, seconded by Mr. Rutan, to approve the request for a Metro Plan amendment of a 12-acre parcel east of the Eugene Country Club from medium- to high-density residential. In response to a question from Mr. Nicholson, Mr. Lowe said that further public testimony will be heard on this issue during the public hearing for the zone change. The motion passed unanimously, 8:0. With the exception of the above decisions, the council approved, by consensus, the recommendations of the Planning Commission concerning the Willakenzie Area Refinement Plan. II. DISCUSSION: HAZARDOUS SUBSTANCE DISCHARGE AND REMOVAL ORDINANCE Dave Nuss, Eugene Fire Marshal, gave a brief presentation of the ordinance concerning hazardous substance discharge and removal. He said that the revi- sion now before the council is more narrowly defined, authorizing the City to act as a last resort to abate only public health and safety threats. With the MINUTES--Eugene City Council 5:30 p.m. June 8, 1992 Page 7 e revlslon, if environmental contamination resulting from a discharge presented no immediate risk to public health and safety, the City would defer to agen- cies with expertise in these matters, such as the Oregon Department of Envi- ronmental Quality (DEQ). Mr. MacDonald brought up the issue of the Amazon Canal, and the underground oil storage tanks that leaked into the soil and water. He said that this is not an immediate risk to the public health and safety, and therefore, under the revision, would not be addressed by the City. Mr. Nuss said the in that case, the City would rely on another agency to address the problem. In re- sponse to a question from Mr. MacDonald, Mr. Nuss said that the amount of money this revision would save is difficult to determine, because staff re- sources are still needed to determine whether the discharge is a threat to the public health and safety. Mr. Green expressed a concern about the response time of the City, if a discharged substance is determined to be an immediate threat to the public health and safety. Mr. Nuss said that the ordinance allows the City to either clean up the waste or force the responsible party to clean it up. Mr. Gleason clarified that the ordinance would allow the City to take the responsibility to act. Mr. Nicholson wondered what would result if the responsible party could not be found or no longer existed. Glenn Klein, City Attorney's Office, said that the ordinance does not require the City to clean up the discharged substance. He added that the City would not be liable in such a case. In response to a question from Mr. Boles regarding option 3, Mr. Gleason said that the DEQ only enforces remediation and does not actually clean up hazard- 4It ous discharged substances. In response to a question from Mr. Green regarding enforcement, Mr. Nuss said that the existing fire code language extends authority to the fire and safety crew to act in a situation where the public health or safety is threatened. Ms. Bascom commented that option 4 seems most reasonable, in light of present financial considerations. Mr. Rutan moved, seconded by Ms. Bascom, to direct staff to present an ordinance based on option 4, the "limited authority" option. Mr. Robinette shared Mr. MacDonald's concerns, although he pointed out that there are significant cost impacts if the City has the authority to remediate hazardous substance discharge. In response to a question from Mr. Boles, Mr. Nuss said that option 4 differs from the current situation in that it clari- fies the role of the City in locating the responsible parties and it clarifies the appropriate fines for noncompliance. He said that the fire code is vague, and this ordinance revision attempts to alleviate its unclarity regarding this issue. The motion passed, 5:3 (Mr. MacDonald, Mr. Boles, and Mr. Nicholson voting in opposition). e MINUTES--Eugene City Council 5:30 p.m. June 8, 1992 Page 8 e e . III. ORGANIZATIONAL STRUCTURE, CITY MANAGER REPORT Because of time constraints, the council agreed to defer this item. The meeting adjourned at 7:35 p.m. Respectfully submitted, -~/ " -:-'/ .._y~ :c(.::~ -- City Manager (Recorded by Kathy Varner) cc08.062 MINUTES--Eugene City Council 5:30 p.m. June 8, 1992 Page 9