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The City Council is now asked to decide how to move forward with establishing the residential UGB. BACKGROUND On January 28, 2015, Council directed staff to proceed with a UGB expansion for jobs, parks and schools. At your last work section regarding the housing component of the Envision Eugene project (April 27, 2015), you discussed two options for using the new State population forecasts and directed staff to return for direction after the new forecasts were finalized. Those forecasts were finalized at the end of June. , presented at your April 27 work session, was to simply finish the UGB work already underway using the 2009 was to extend the timeline for UGB adoption to update the data based on the new (2015) population forecast. Since your April 27 work session, city staff has continued to talk with interested parties. There now appears to be broad stake-holder support for a third hybrid option. (¸¡±¨£ /¯³¨®­ This hybrid option presents the most effective use of the new population forecast to address the laws, these community interests are best met by a hybrid option that includes all of the following components: %²³ ¡«¨²§   " ²¤«¨­¤ 5'" Ώ -2032 planning period to separate Eugene from Springfield. This baseline UGB will be based on the data and analysis gathered and vetted through the Envision Eugene project (including the population forecast adopted by Lane County in 2009). Ώ Target for City and County consideration of the proposed baseline UGB: 2016. This will require immediate, intense staff work on the residential land UGB analysis to put it back on the same time line as for employment, parks and schools. 5¯£ ³¤ .¤¤£¤£ (®´²¨­¦ 2¤¦´« ³¨®­² Ώ Ώ Target for City consideration of proposed updates: within 1 year of State acknowledgement of the baseline UGB. %²³ ¡«¨²§ 5±¡ ­ 2¤²¤±µ¤² Ώ Establish urban reserves that identify the land surrounding Eugene that can be used for UGB -2062, based on the PSU population forecast finalized in 2015 (a forecasted 2062 population of 267,947). Ώ Target to initiate City work on urban reserve planning: immediately, beginning with identification of resources to make the establishment of urban reserves a highest priority. Ώ Target for City and County consideration of the proposed urban reserves: within 2 years of State acknowledgment of the baseline UGB. -®­¨³®± ȝ 2¤¯®±³ ®­ 2¤²¨£¤­³¨ « '±®¶³§ Ώ Provide the City Council with a monitoring report that updates the supply of buildable population forecast. Ώ Target for delivery of report to City Council: three years after State acknowledgment of base- program). !¢³¨®­ ³® !££±¤²² 2¤²´«³² ®¥ -®­¨³®±¨­¦ Ώ Expand the UGB to the extent indicated by the monitoring report, to add urban reserve land to -year planning period, based on the PSU population forecast in place at the time this UGB work is initiated. Ώ Target for initiation of work on a proposal to expand the UGB onto urban reserve land (to the extent indicated by the monitoring report): immediately upon State acknowledgment of Ώ Target for City and County consideration of the proposal to expand the UGB (to the extent indicated by the monitoring report): within 3 years of State acknowledgment of urban reserves. !««®¢ ³¤ &´­£² Ώ Allocate $750,000 to enable the City to hire consultants and/or staff to conduct the analysis required to create and implement a growth monitoring program and to establish urban reserves while ensuring that long-awaited neighborhood planning can still take place. #/5.#), /04)/.3 A. Direct the city manager to finish the UGB work already underway using the 2009 population forecast (Option A). B. Direct the city manager to use the new population numbers in new analysis in order to establish the UGB (Option B). C. Direct the city manager to mHybrid The City Manager recommends moving forward with the Hybrid 35''%34%$ -/4)/. Move to direct the city manager to prepare an urban growth boundary adoption package and to take the other actions that are part of Hybrid &/2 -/2% ).&/2-!4)/. Staff Contact: Robin Hostick Telephone: 541-682-5507 Staff E-Mail: Robin.A.Hostick@ci.eugene.or.us Envision Eugene Project Timelines DRAFT UGB 2018201920202021 Acknowledged Clear & ObjectiveHousing: Council Concepts &Draft CodeFormal Adoption Survey Consideration EvaluationChangesProcess Approval Criteria Update Issues Urban Reserves Council Project Technical AnalysisFormal Adoption Process Consideration Options Planning Initiation Council Growth Monitoring Consideration Act on Council Build Monitoring SystemCollect and Analyze DataEvaluate Results of First Direction Program Report Clear & Objective Housing Standards Project Timeline March JuneJune SeptemberSeptember JanuaryJanuary 2019... Council Action Initiate Formal Adoption Concepts Phase Phase Phase Phase Survey Formal & Draft Code 1234 Adoption Issues Evaluation Public Engagement Strategies Phase 1Phase 2Phase 3Phase 4 Stakeholder ListeningStakeholder WorkingStaff & Consultant DraftPlanning Commission Sessions & InterviewsGroup MeetingsLanguagePublic Hearing EE NewsletterEE NewsletterWorking GroupPlanning Commission ConsultationsRecommendation Launch Project Page onWebsite updates Planning WebsiteEE NewsletterCity Council Public Hearing Email update to Interested Planning CommissionPartiesWebsite UpdatesCity Council Action Check-in Planning CommissionPlanning CommissionEE Newsleter City Council Check-inCheck-inCheck-in Website Updates City Council Check-inCity Council Direction End of Phase Products Summary of Key IssuesPreferred ConceptsProposed Code ChangesAdopted Code Changes Clear & Objective Housing: Approval Criteria Prjoect Charter D2018 RAFT Project Charter: Clear & Objective Housing: Approval Criteria Update Project Title: Clear & Objective Housing: Approval Criteria Update Project Charter Author: Jenessa Dragovich, Senior Planner Creation Date: June 26, 2017 Last Revision Date: May 23, 2018 Project Origin: Council direction, Envision Eugene high-priority work plan item Project Sponsor: Robin Hostick, Planning Director Project Manager: Jenessa Dragovich Project Team Members: Jenessa Dragovich, Alissa Hansen, Lauren Sommers Project Charter Status: Draft/Pending Proposed Project Start and End Date: Target for Council consideration: within 1 year of UGB acknowledgement (January 2019) Contents Overview/Purpose ....................................................................................................................................... 3 Goals ............................................................................................................................................................. 5 Objectives ..................................................................................................................................................... 5 Scope ............................................................................................................................................................. 5 Deliverables................................................................................................................................................... 8 Project Milestones/Timeline ......................................................................................................................... 9 Public Involvement Plan/Key Stakeholders .................................................................................................. 9 Decision Making Process ............................................................................................................................. 10 Coordination Protocol ................................................................................................................................. 11 Project Budget/Staff Resources .................................................................................................................. 11 Assumptions/Policy Background ................................................................................................................ 12 Constraints .................................................................................................................................................. 12 Dependencies.............................................................................................................................................. 12 Risks ............................................................................................................................................................ 13 Approvals .................................................................................................................................................... 13 Page 2 | 16 Draft Project Charter Overview/Purpose tƩƚƆĻĭƷ 5ĻƭĭƩźƦƷźƚƓ Envision Eugene adoption process, the City expects to accommodate approximately 15,000 new homes in the next 20 years within our current Urban Growth Boundary (UGB). We anticipate that a mixture of diverse and changing needs over this period. Our housing needs must be also be balanced with the related to neighborhood livability, public health and safety, economic opportunities, and natural resource protections expressed through the Envision Eugene pillars. Senate Bill 1051 amended the definition of means all housing on land zoned for residential use or mixed residential and commercial use. Needed housing includes the following housing types: attached and detached single-family, multiple family, government assisted, mobile home or manufactured dwelling. Needed housing developments are entitled to a land use application process under clear and objective approval standards as required by State law. In 2001-e Eugene City Council adopted a two-track system for the following types of land use applications: partitions, subdivisions, site reviews, oval criteria required by state law for housing applications The approval criteria included in the Needed Housing tracks are intended to be clear and objective, and to offer a predictable path to approval for housing projects that meet the criteria. The City also offers land use applicants an alternative process that includes discretionary (i.e. subjective) approval criteria and is designed to allow more flexibility in discretionary track. Housing applicants are entitled to choose either track. An excerpt of the applicable State statutes is provided at the end of this charter for reference. Several of adopted clear and objective approval criteria are viewed by some as overly burdensome or as barriers to housing; not necessarily the best way to achieve the regulatory intent; and, in some instances increasing the cost or time required to obtain land use approvals and construct housing. time period, a number of legal challenges have occurred through land use appeals where the applicant has asserted that our criteria violate State law because they are subjective, increase cost and uncertainty, or are otherwise difficult to meet on certain sites. In their view, these criteria are a barrier to housing and should be amended or repealed. clear and objective approval criteria - by the Oregon Land Use Board of Appeals (LUBA) to violate the statutory requirement for being clear and objective, and can no longer be applied. This is a problem for our community because we do not have a clear and objective criterion in place that addresses concern about safe access to and from developments. Additionally, a recent decision by the Eugene Hearings Official determined that the Traffic Impact Analysis standards are not clear and objective. The purpose of the Traffic Impact Analysis review, when applicable, is to ensure that developments provide facilities to accommodate the traffic Page 3 | 16 Draft Project Charter generated by the proposed development. The loss of this regulatory tool for housing applications will These are examples of why City staff and a variety of key stakeholders agree that our existing clear and objective criteria should be reviewed and possibly updated, as discussed in greater detail below. The interest and expectation for an update to our land use code also gained the attention of the Planning Commission and City Council as part of the Envision Eugene adoption process. In recent months, neighborhood leaders concerned about how code updates could impact livability, as well as Council. These interests intersect with the Clear & Objective Housing: Approval Criteria Update and further demonstrate the need to create a more efficient and effective path for land use applications proposing housing. Additionally, the Home Builders Association of Lane County (HBA) has continued to clear and objective criteria and how they may impact our ability to meet the projected 20-year housing demand on existing land within the urban growth boundary (UGB). implementing Envision Eugene, with Council direction to bring proposed land use code changes back for to occur by January 2019. DĻƚŭƩğƦŷǤ The scope of work will likely include amendments to the land use application approval criteria for partitions, subdivisions, site reviews, conditional use permits and planned unit developments and related procedures for housing that apply City-wide. CğźƌǒƩĻ Ʒƚ wĻğĭŷ wĻƭƚƌǒƷźƚƓ Failure to examine and revise our clear and objective approval criteria may Accommodate our housing need inside our existing UGB Provide housing affordable to all income levels Use existing land wisely and efficiently Provide certainty for housing developers and neighbors Address concerns regarding safety and quality of life In addition, the City will likely face continuing legal challenges and significant public expense in processing appeals on a project-by-project basis. Future appeals could result in unintended gaps or uncertainty in our clear and objective approval criteria, which may leave important community values unaddressed through the land use process, causing further erosion of trust and higher cost to the public. If the Clear & Objective Housing: Approval Criteria Update is successful, our regulatory framework will reduce potential appeals and housing cost associated with the land use process; increase certainty and predictability for property owners and developers in their ability to provide housing; and reflect a balanced outcome with respect to other important community values. Page 4 | 16 Draft Project Charter Goals The overarching goal of this important Council directive intended to help our community prepare for future growth as expressed in Envision Eugene. The Clear & Objective Housing: Approval Criteria Update will involve land use code changes that result in a balanced outcome with respect to the policy goals as embodied in the pillars of projected housing needs within the existing UGB over the next 20-year planning period, while also protecting public health and safety, neighborhood livability, and natural resources in keeping with our ŷĻ ƚǝĻƩğƩĭŷźƓŭ In summary, the project will strive to meet the following goals: ŭƚğƌ ƚŅ Ʒŷźƭ ĻŅŅƚƩƷ źƭ Raise awareness of the role of clear and objective land use code approval ĭƌĻğƩ ğƓķ ƚĬƆĻĭƷźǝĻ Engage the public in a discussion of objective alternatives that best meet and ƌğƓķ ǒƭĻ balance our values ğƦƦƌźĭğƷźƚƓ ĭƩźƷĻƩźğ Reduce or mitigate existing land use code barriers to housing development ğƓķ ƦƩƚĭĻķǒƩĻƭ ŅƚƩ Support reasonable and predictable development of buildable lands for ŷƚǒƭźƓŭ ǞźƷŷ ƚǒƩ housing Address public health and safety, natural resource protection, and ĭǒƩƩĻƓƷ ƓĻĻķƭ ğƓķ neighborhood livability with clear and objective approval criteria for housing ǝğƌǒĻƭ͵ Objectives The following objectives help to articulate how the City intends to achieve the goal of updating our clear and objective criteria for land use applications for housing: 1)Gather public input on a range of known concerns, suggested solutions, and alternatives regarding clear and objective standards. 2)Maintain compliance with State law by ensuring the approval criteria for housing applications are clear and objective, and do not have the effect of discouraging needed housing through unreasonable cost and delay. 3)Respond to any changes in State law or recent case law which may further refine, dictate, or legally require certain amendments. 4)Present recommended land use code changes to Council for consideration, request action to move forward with formal adoption processtarget January 2019 (within one yea Scope apply City-wide, so this update will ultimately involve a legislative process to amend the land use code. Consistent with the goals and objectives stated above, the Clear & Objective Housing: Approval Criteria Update will require any proposed changes put forward analysis and public review prior to beginning the formal adoption process. It will also require that all recommendations be responsive to changes in State law and other recent case law. Page 5 | 16 Draft Project Charter The project will take place in three main phases, with the future fourth and final phase encompassing the formal adoption process. The following list represents a sequence of tasks that reflect the intended scope and outline the parameters of the project: 1)Issue Identification. The initial phase will include project startup tasks like drafting the project charter and public involvement plan. It will also include outreach to stakeholders (listening sessions and stakeholder interviews), an external code audit, and an internal legal analysis that will help identify the issues to address within the scope of this land use code update. More specifically, Phase 1 will include: a.Public Involvement. Prepare and implement a public involvement plan (with implementation support from a qualified local consultant) appropriately customized for the scope of the proposed Clear & Objective Housing: Approval Criteria Update. This plan will help refine our public outreach efforts with key stakeholders to ensure a highly transparent, open, and balanced process. b.Stakeholder Listening Sessions and Interviews. Conduct early listening sessions with key stakeholders to identify barriers to housing in terms of existing criteria, expectations for best/worst outcomes, and general advice or concerns they wish to share. Hold further interviews, as needed, with the involvement of the consultant preparing the code audit. c.Land Use Code Audit. Determine the specific range of possible land use code amendments through a Code Audit that will identify the land use application criteria and related standards to be included in the clear and objective update. This Code Audit will be supported by an outside consultant to help provide a neutral and knowledgeable third-party perspective for the project. d.Legal Analysis. Identify what specific amendments are required in response to changes in State law, and recent case law. e.Summary of Key Issues. Using the information collected from items a.d. above, compile a report that summarizes the key issues that surface. 2)Concepts and Evaluation. Using the Summary of Key Issues generated in Phase 1, hold stakeholder working group meetings to review and vet issues, generate concepts, and evaluate potential clear and objective approaches. Preferred concepts will be recommended by staff based on criteria and input. Produce a Preferred Concepts report once the preferred concept for each issue has been identified. A policy analysis and land supply review will also be included to ensure the removal or mitigation of potential barriers to housing are balanced with other key policy objectives and to evaluate the potential effects on our buildable land supply that would result from proposed regulatory changes. 3)Draft Land Use Code. The third phase will involve writing proposed code changes and soliciting stakeholder feedback. a.Land Use Code Writing. Draft preliminary land use code amendment language based on the Preferred Concept report. This work will be performed by the project management team with assistance from the outside consultant. b.Working Group Consult. Consult with stakeholders once draft code language is created to get feedback on the proposed changes. c.Council Action. Upon development of a draft set of proposed land use code changes that have been reviewed by the public and Planning Commission, schedule work session with City Council to present a set of proposed code updates and seek direction on what code changes to take Page 6 | 16 Draft Project Charter through the formal adoption process. Council action to move forward to formal adoption concludes the majority of the Clear & Objective Housing: Approval Criteria Update as outlined in this charter. 4)Formal Adoption. From that point on, adoption of the proposed land use code changes will follow a legislative land use process. As such, a file record will be created and staff will commence with required notices and additional outreach as needed, draft required findings of compliance with applicable Statewide Planning Goals and other approval criteria, and prepare other supporting materials necessary for adoption of the proposed land use code amendments. {ĭƚƦĻ 9ǣĭƌǒƭźƚƓƭ The Clear & Objective Housing: Approval Criteria Update will encompass all housing types at various densities and price ranges throughout the entire City (where the zoning permits housing). The project is not intended to facilitate or incentivize any one particular housing type such as low-income or affordable housing, multi-family or single-family, secondary dwelling units or tiny homes. These discussions are outside the scope of this project except where they intersect with the stated goals and objectives. The project is only intended to broadly address the land use application criteria and related The scope will be limited to clear and objective approval criteria pertaining to partitions, subdivisions, planned unit developments, site reviews, and conditional use permits. This may result in updating some general development standards applicable to housing to the extent such standards are referenced in the clear and objective land use application approval criteria. While the scope includes refinement plan policies that are already included as clear and objective approval criteria, to the extent they are identified in Phase 1 (such as the South Hills Study policies), the scope does not include an exhaustive analysis of existing refinement plan policies or an attempt to establish clear and objective standards that would implement these various policies through a comprehensive set of design standards. Such an effort would greatly exceed the scope of available that address area-specific policies would best be accomplished as part of future area plan and refinement plan updates. Page 7 | 16 Draft Project Charter Deliverables DELIVERABLE PURPOSE STAFF LEAD/SUPPORT PREPARATORY DELIVERABLES Clear articulation of project description, scope Project Manager Project Charter of work, and decision making process. /Principal Planner Establish the best means to reach key Project Manager/City Public Involvement Plan stakeholders for early input and formal team members decision-making events. /Consultant PHASE 1 DELIVERABLES Identify the specific range of land use Project Manager/ City Land Use Code Audit application criteria and procedures to be team members included in the clear and objective update. /Consultant Identify changes required due to case law and Project Manager/City Legal Analysis statutory requirements. team members Compile report of all issues identified through Summary of Key Issues outreach, the code audit, and legal analysis to Project Manager guide Phase 2 work. PHASE 2 DELIVERABLES Identify preferred concepts for addressing Preferred Concepts each of the key issues. Includes topic-specific Project Manager/City Report evaluation such as policy analysis and land team members supply review. PHASE 3 DELIVERABLES Draft land use code changes will address the issues and preferred alternatives generated during Phase 1 and 2. Proposed changes will be drafted and analyzed for effectiveness and potential impacts, then brought back to the Project Manager/City Draft Land Use Code key stakeholders for final consultation to team Changes ensure consistency with the preferred members/Consultant concepts. Planning Commission feedback will be sought, and the end result will be vetted and ready for City Council action to proceed to formal adoption. PHASE 4 DELIVERABLES Draft ordinance will include all formal land use code amendments to relevant provisions; findings will demonstrate compliance with applicable Statewide Planning Goals and related approval criteria for proposed land Project Manager/ City Proposed Ordinance use code amendments; and required public team members notices, outreach materials, agenda item summaries, and presentation tools will facilitate the recommendation and final decision-making at Planning Commission & City Council. Page 8 | 16 Draft Project Charter Project Milestones/Timeline This project will to bring back a set of proposed land use code changes by January 2019 (), including the following: development of preparatory deliverables including the public involvement plan (and related outreach efforts) Stakeholder listening sessions/interviews an external land use code audit an internal legal analysis a Summary of Key Issues report several stakeholder working group sessions a Preferred Concepts report draft proposed land use code changes and supporting materials a policy analysis and land supply review for proposed amendments draft proposal ready for City Council action to proceed to formal adoption Following Council action to proceed with formal adoption, the formal adoption process would commence in January/February 2019 and will include additional work sessions, public hearings, and deliberations at Planning Commission and City Council. This process is expected to take an additional 6 months. Public Involvement Plan/Key Stakeholders A public involvement plan has been prepared and appropriately customized for the scope and timelines of the Clear & Objective Housing: Approval Criteria Update. The project will be completed in phases, with each phase building upon the work done in the previous phases. Consultant support for implementation will depend upon funding and availability. The project manager will seek guidance from designated Planning Commission resources throughout the project phases. This plan will help to refine our public outreach strategy to ensure an inclusive, transparent, and balanced process. The following key stakeholders are initially identified as having an important role in the proposed need housing update: Home Builders Association of Lane County (HBA) Neighborhood associations and residents Housing developers (both single and multi-family) Housing Policy Board Chamber of Commerce 1000 Friends of Oregon Local land use consultants Design professionals (planners, architects, engineers, etc.) Sustainability Commission Subsidized housing providers (St. Vincent DePaul, NEDCO, Homes for Good, Cornerstone, etc.) Tree preservation & natural resource advocates Page 9 | 16 Draft Project Charter Transportation advocates Eugene Realtors Association WE CAN (Walkable Eugene Citizens Advisory Network) Better Housing Together Other technical resources will include: Eugene Water & Electric Board (EWEB) City of Eugene Public Works (Engineering, Transportation, Parks and Maintenance) City of Eugene Community Development Eugene/Springfield Fire/EMS 4J Safe Routes to School Key stakeholder groups and the general public will be offered multiple opportunities to engage the planning process through varied means, both formal and informal. Those details, as well as the level of participation (e.g. inform, consult, involve, collaborate) are addressed in the public involvement plan. Decision Making Process Following the initial phases of public involvement with key stakeholders to identify key issues (Phase 1), help generate options (Phase 2), and review draft land use code language (Phase 3), a preliminary round of Planning Commission review and Council consideration and input will take place (End of Phase 3) before proceeding with the formal adoption process (Phase 4). While the main decision point will come at the end of Phase 3, when the project manager requests City Council action to move forward with formal adoption, check-ins with both Planning Commission and City Council will occur at key points in each phase. The times/items where staff will seek guidance and feedback or provide a project update will be: Project initiation Draft Charter and Draft Public Involvement Plan reviews Phase 1Summary of Key Issues report Phase 2Preferred Concepts report Phase 3Draft land use code changes (Council action) Phase 4 Final land use code changes (Council adoption) Following Council action to proceed with formal adoption, as a land use code amendment, the proposed code changes stemming from the Clear & Objective Housing: Approval Criteria Update are required to requires public notice and hearings at both the Planning Commission and City Council levels. From start to comple provide the City Council with a final recommendation, and City Council will be the final local decision- maker on the package of proposed land use code amendments. Page 10 | 16 Draft Project Charter Coordination Protocol tƩƚƆĻĭƷ ağƓğŭĻƒĻƓƷ Ļğƒ The Project Management Team is the core staff team tasked with executing the project according to the project charter, including production of deliverables, communication, coordination, managing consulting contracts, and adjustments as needed. Name Title Role Jenessa Dragovich Senior Planner Project Manager/Lead Staff Alissa Hansen Principal Planner Oversight/Support Terri Harding Principal Planner Oversight/Support Lauren Sommers City Attorney Legal Advice Significant amendments to the scope will require review and approval by the Principal Planner and Planning Director, in consultation with PDD Management, the City Attorney and City Manager as needed. Project Budget/Staff Resources Public involvement and outreach beyond the typical public notice requirements for land use code as implementation of the public involvement plan and a land use code audit with support from an outside consultant also require funding. Funding of $100,000 for the project has been identified and incorporated into the proposed FY19 budget. If approved, these funds will be available on July 1, 2018 and will be used to cover consultant costs for implementing the public involvement plan, conducting the Land Use Code Audit, and performing as-needed technical analysis (e.g., for geotechnical, traffic, or tree issues). The project is dependent on existing staff resources with competing demands for time including on- going State-mandated land use application processing and other high-priority Envision Eugene implementation tasks. Estimated staff time will include a Senior Planner as Project Manager (0.5 FTE) for the duration of the project, with additional support from the Principal Planner (0.05 FTE) and the City TBD). Additional staff time will be used on an as-needed basis for particular events or tasks, depending on the methods of public involvement, outreach, and materials such as graphics, maps, or case study examples to be produced at key points in the process (administrative support, graphic design, GIS mapping/analysis, etc.). The following estimates the amount of staff time for in-house assistance from long-range planning staff: Outreach Materials/Graphics/GIS Mapping: 30-40 hours Public Involvement Assistance: 40 hours Page 11 | 16 Draft Project Charter In addition to staff resources, material costs yet to be determined will include noticing, advertisements, and meeting materials (posters, handouts, etc.). Assumptions/Policy Background Below are potential factors or parameters that affect the project, its validity, execution or acceptance including applicable policies, directives, prior decisions, and particularly relevant laws and regulations affecting the project: Council Direction: July 20, 2015 Council Agenda Item Summary: https://ompnetwork.s3-us-west- 2.amazonaws.com/sites/134/documents/agenda_packet_76.pdf Council Minutes July 20, 2015: https://ompnetwork.s3-us-west- 2.amazonaws.com/sites/134/documents/minutes_50.pdf Envision Eugene Pillars: Envision Eugene, A Community Vision for 2032: https://www.eugene- or.gov/DocumentCenter/Home/Index/745 Legal requirements and changes in needed housing statutes or related case law: Needed Housing Statutes (See ORS 197.303-307): https://www.oregonlaws.org/ors/chapter/197 Senate Bill 1051 (2017): https://olis.leg.state.or.us/liz/2017R1/Downloads/MeasureDocument/SB1051/Enrolled LUBA No. 2016-024 (Walter v. City of Eugene): http://www.oregon.gov/LUBA/docs/Opinions/2016/06-16/16024.pdf -3) (See Page 5): http://cepdddocuments/PDDLFDocViewer/DocView.aspx?dbid=0&id=1988553 Constraints Potential factors that may limit our ability to carry out the project or achieve goals or objectives could include: Adequate staffing, depending on volume of land use applications submitted, i.e. if land use application demand increase significantly, staffing may be temporarily diverted to cover those needs in order to meet State-mandated timelines for land use review Continued project prioritization in the face of competing demands such as additional Council directives Legal requirements and changes in needed housing statutes or related case law Dependencies The project will require Council input on the scope of the Clear & Objective Housing: Approval Criteria Update to ensure alignment with the project goals, objectives, and deliverables as stated herein. While an early check-in and guidance to confirm whether the project as proposed is aligned with Council expectations. Stakeholder availability, commitment to the issue, and ongoing participation will be key to a robust approach that can balance the varied interests. Page 12 | 16 Draft Project Charter Risks Risk remains high for future appeals and legal challenges to our clear and objective criteria, both existing and proposed. Future phases of Envision Eugene implementation, including the adoption of Phase 2 of our new comprehensive plan and a parcel specific land use map, are also at the forefront of Clear & Objective Housing: Approval Criteria Update remains either unfinished or unsatisfactory to their interests. Neighborhood livability, public health and safety, and natural resource protections are firmly embedded in existing adopted policies, land use regulations, and the community vision expressed through the Envision Eugene pillars. These values will be at the forefront of public discussion of proposed changes to the clear and objective approval criteria for housing, especially for neighborhoods in the south hills and near farmlands and natural areas. There is a risk that the balance of community interests could lean toward changes to the clear and objective approval criteria that may not match the expectations of all stakeholders. Securing broad support among varied stakeholders will be the core challenge of this project. To mitigate these risks, the project should be considered a high priority with adequate time, staff resources, and funding allocated as soon as possible among competing priorities. The project should also focus on the intersection of the need for housing and broader community interests. That will require time and attention to exploring a range of options and daylighting tradeoffs and impacts for diverse community values. It may also require research and analysis to help the community better understand how issues relate to one another, for example the interplay between regulations and housing availability and affordability. Approvals __________________________________________ ______________________ Robin Hostick, Project Sponsor Date Planning Director, City of Eugene Planning Division __________________________________________ ______________________ Jenessa Dragovich, Project Manager Date Senior Planner, City of Eugene Planning Division Page 13 | 16 Draft Project Charter Relevant Needed Housing Excerpts from Oregon Revised Statutes (197.303-197.307) Source: 04/30/2018 https://www.oregonlegislature.gov/bills_laws/ors/ors197.html all housing on land zoned for residential use or mixed residential and commercial use that is determined to meet the need shown for housing within an urban growth boundary at price ranges and rent levels that are affordable to households within the county with a variety of incomes, including but not limited to households with low incomes, very low incomes and extremely low incomes, as those terms are defined by the United States Department of Housing and Urban the following housing types: (a) Attached and detached single-family housing and multiple family housing for both owner and renter occupancy; (b) Government assisted housing; (c) Mobile home or manufactured dwelling parks as provided in ORS 197.475 to 197.490; (d) Manufactured homes on individual lots planned and zoned for single-family residential use that are in addition to lots within designated manufactured dwelling subdivisions; and (e) Housing for farmworkers. (2) Subsection (1)(a) and (d) of this section does not apply to: (a) A city with a population of less than 2,500. (b) A county with a population of less than 15,000. (3) A local government may take an exception under ORS 197.732 to the definition of taken under the goals. \[1981 c.884 §6; 1983 c.795 §2; 1989 c.380 §1; 2011 c.354 §2; 2017 c.745 §4\] 197.304 Lane County accommodation of needed housing. (1) Notwithstanding an intergovernmental agreement pursuant to ORS 190.003 to 190.130 or acknowledged comprehensive plan provisions to the contrary, a city within Lane County that has a population of 50,000 or more within its boundaries shall meet its obligation under ORS 197.295 to 197.314 separately from any other city within Lane County. The city shall, separately from any other city: (a) Establish an urban growth boundary, consistent with the jurisdictional area of responsibility specified in the acknowledged comprehensive plan; and (b) Demonstrate, as required by ORS 197.296, that its comprehensive plan provides sufficient buildable lands within an urban growth boundary established pursuant to statewide planning goals to accommodate estimated housing needs for 20 years. (2) Except as provided in subsection (1) of this section, this section does not alter or affect an intergovernmental agreement pursuant to ORS 190.003 to 190.130 or acknowledged comprehensive plan provisions adopted by Lane County or local governments in Lane County. \[2007 c.650 §2\] 197.305 \[1973 c.80 §52; 1977 c.664 §23; repealed by 1979 c.772 §26\] Page 14 | 16 Draft Project Charter 197.307 Effect of need for certain housing in urban growth areas; approval standards for residential development; placement standards for approval of manufactured dwellings. (1) The availability of affordable, decent, safe and sanitary housing opportunities for persons of lower, middle and fixed income, including housing for farmworkers, is a matter of statewide concern. (2) Many persons of lower, middle and fixed income depend on government assisted housing as a source of affordable, decent, safe and sanitary housing. (3) When a need has been shown for housing within an urban growth boundary at particular price ranges and rent levels, needed housing shall be permitted in one or more zoning districts or in zones described by some comprehensive plans as overlay zones with sufficient buildable land to satisfy that need. (4) Except as provided in subsection (6) of this section, a local government may adopt and apply only clear and objective standards, conditions and procedures regulating the development of housing, including needed housing. The standards, conditions and procedures: (a) May include, but are not limited to, one or more provisions regulating the density or height of a development. (b) May not have the effect, either in themselves or cumulatively, of discouraging needed housing through unreasonable cost or delay. (5) The provisions of subsection (4) of this section do not apply to: (a) An application or permit for residential development in an area identified in a formally adopted central city plan, or a regional center as defined by Metro, in a city with a population of 500,000 or more. (b) An application or permit for residential development in historic areas designated for protection under a land use planning goal protecting historic areas. (6) In addition to an approval process for needed housing based on clear and objective standards, conditions and procedures as provided in subsection (4) of this section, a local government may adopt and apply an alternative approval process for applications and permits for residential development based on approval criteria regulating, in whole or in part, appearance or aesthetics that are not clear and objective if: (a) The applicant retains the option of proceeding under the approval process that meets the requirements of subsection (4) of this section; (b) The approval criteria for the alternative approval process comply with applicable statewide land use planning goals and rules; and (c) The approval criteria for the alternative approval process authorize a density at or above the density level authorized in the zone under the approval process provided in subsection (4) of this section. (7) Subject to subsection (4) of this section, this section does not infringe on a local (a) Set approval standards under which a particular housing type is permitted outright; (b) Impose special conditions upon approval of a specific development proposal; or (c) Establish approval procedures. (8) In accordance with subsection (4) of this section and ORS 197.314, a jurisdiction may adopt any or all of the following placement standards, or any less restrictive standard, for the approval of manufactured homes located outside mobile home parks: (a) The manufactured home shall be multisectional and enclose a space of not less than 1,000 square feet. Page 15 | 16 Draft Project Charter (b) The manufactured home shall be placed on an excavated and back-filled foundation and enclosed at the perimeter such that the manufactured home is located not more than 12 inches above grade. (c) The manufactured home shall have a pitched roof, except that no standard shall require a slope of greater than a nominal three feet in height for each 12 feet in width. (d) The manufactured home shall have exterior siding and roofing which in color, material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings as determined by the local permit approval authority. (e) The manufactured home shall be certified by the manufacturer to have an exterior thermal envelope meeting performance standards which reduce levels equivalent to the performance standards required of single-family dwellings constructed under the state building code as defined in ORS 455.010. (f) The manufactured home shall have a garage or carport constructed of like materials. A jurisdiction may require an attached or detached garage in lieu of a carport where such is consistent with the predominant construction of immediately surrounding dwellings. (g) In addition to the provisions in paragraphs (a) to (f) of this subsection, a city or county may subject a manufactured home and the lot upon which it is sited to any development standard, architectural requirement and minimum size requirement to which a conventional single-family residential dwelling on the same lot would be subject. \[1981 c.884 §5; 1983 c.795 §3; 1989 c.380 §2; 1989 c.964 §6; 1993 c.184 §3; 1997 c.733 §2; 1999 c.357 §1; 2001 c.613 §2; 2011 c.354 §3; 2017 c.745 §5\] Page 16 | 16 Draft Project Charter Clear & Objective Housing: Approval Criteria Update Public Involvement Plan D2018 RAFT Public Involvement Plan Overview Through the Envision Eugene adoption process, the need to accommodate approximately 15,000 new homes within our urban growth boundary (UGB) over the next 20 years was identified. A diverse mixture of s regarding livability, public health and safety, and natural resource protectionas expressed through the Envision Eugene pillarswith the need to mitigate existing barriers to housing development. requires that local governments adopt and apply only clear and objective standards, conditions, and procedures regulating the development of housing. The standards, conditions, and procedures may not discourage needed housing through unreasonable cost or delay. A number of legal challenges have occurred, through appeals of land use decisions, where applicants asserted that our approval criteria violated the State requirements to be clear and objective, increased cost and uncertainty, or were otherwise difficult to meet on specific sites. Several existing clear and objective housing approval criteria are perceived by some as barriers to providing the housing our community needs. Two approval criteria we previously relied on can no longer be applied after being determined that they were not clear and objective. Given our need to accommodate growth, the state requirement to provide a clear and objective path to land use approval, and the values; it is a worthwhile exercise to reevaluate and possibly update criteria to meet these goals. The Eugene City Council directed an update to approval criteria for housing applications, with a target for bringing proposed updates before them within 1 which occurred January 2018. Goals of the Public Involvement Plan The purpose of this plan is to guide stakeholder and public involvement in updating the clear and objective approval criteria for housing. The project will include reaching out to identify development barriers, potential legal vulnerabilities, and gaps in our criteria that might hinder achieving our community vision. The Project Management Team is committed to a public engagement process that is: Meaningful: We will use the input received to help draft clear and objective land use approval criteria for housing. Accountable: We will respond to ideas, critique, comments, and praise. Inclusive: We will strive to communicate with all stakeholders, including under-represented groups, in ways that people understand and can relate to. Transparent: We will make decisions public and share information in a variety of ways. Realistic: Outcome-oriented: We will create community-supported clear and objective policies and procedures. Page 1 | 9 Draft Public Involvement Plan The City of Eugene Values and Principles for Public Participation will guide the project from start to finish. The core values for public engagement include: Careful Planning and Preparation Inclusion and Demographic Diversity Collaboration and Shared Purpose Transparency and Trust Impact and Action Sustained Engagement and Participatory Culture Public involvement goals specific to this project include, but are not limited to, the following: Identify needed changes or improvements to existing clear and objective criteria Provide early and ongoing opportunities for stakeholders to raise issues and concerns Ensure that stakeholder contributions are considered in drafting new standards and the subsequent decision making process Balance the needs of the development community with the values of the overall community as identified through Envision Eugene Simultaneously streamline the review process while improving the quality of development outcomes (as measured by consistency with community values) Page 2 | 9 Draft Public Involvement Plan Public Involvement Process The Clear & Objective Housing: Approval Criteria Update will culminate with a decision from the Eugene City Council, and there will be many opportunities along the way for stakeholders and the public to be involved. 1, shows varying levels of engagement based on the level of public impact. Based on the moderate level of anticipated impact, the general applicability (vs. area or site-specific), the technical nature of the work, and the timeline given by the City Council, the public and stakeholders will primarily be engaged at the levels. The Eugene Planning Commission, as at-large citizen volunteers appointed Eugene City Council to consider. As the Eugene City Council is an elected body, the public will collectively be Throughout the process, we will keep the public informed about the status of the project and the outcomes. Figure 1. IAP2 Public Participation Spectrum (source: www.iap2.org) Page 3 | 9 Draft Public Involvement Plan Decision Making Project Participation Levels: The decision-making process is described in the Project Charter. In all public communications, it is important to be Empower: Eugene City Council clear who is making decisions for the project and how (elected to decide) public input will be considered and incorporated. Prior to each major decision point, the project team will Collaborate: Eugene Planning communicate with stakeholders about: Commission (recommendation) Who will make the decisions How stakeholders can influence decisions Involve: Stakeholder Working When there are opportunities to participate Groups (selected to How input will be considered advise) Consult: Stakeholders and Public (welcomed and encouraged to give opinion) Communications Throughout the project the Project Management Team will employ a variety of communication strategies to inform the public, key stakeholders, the planning commission and city council. Possible communication methods include: Interested Parties List: The project manager will create and maintain an interested parties list for the project, including names, addresses, email addresses, phone numbers, and participation information. Email Updates: The project will communicate periodically with key stakeholders (working groups) about upcoming events and project outcomes. Newsletters: The project will use existing City E-Newsletters to provide regular project updates and add to the interested parties list, including: Envision Eugene, City Council Newsletter, Neighborly News and others. Social Media: The project may use existing City accounts on Nextdoor.com, Facebook, Twitter and YouTube to get messages out and advertise engagement opportunities. We will evaluate the effectiveness of different methods and adapt as we proceed. Page 4 | 9 Draft Public Involvement Plan Stakeholders and Key Concerns Key stakeholder groups and the general public will be offered multiple opportunities to engage the planning process through varied means, both formal and informal. While the list will evolve over time, the following key stakeholders are identified as having an important role in the proposed update: Community Stakeholders: Home Builders Association of Lane County Neighborhood Neighborhood associations and residents Residents Housing developers (both single and multi- family) Housing Policy Board Chamber of Commerce Housing 1000 Friends of Oregon Builders Advocates Local land use consultants Design professionals (planners, architects, engineers, etc.) Sustainability Commission Subsidized housing providers (St. Vincent The key issues and concerns from the stakeholders range from time, cost, and predictability from those DePaul, NEDCO, Homes for Good, navigating the development process; to neighborhood livability, public health and safety, and protection of Cornerstone, etc.) natural resources from those affected by the impacts of development. Given the broad range of issues and Treepreservation& natural resource advocates potential for conflicting interests, effective, equitable, and collaborative public involvement will be key to Transportation advocates developing proposed updates to approval criteria that achieve balance among the varied concerns. Eugene Realtors Association WE CAN (Walkable Eugene Citizens Advisory Network) Better Housing Together Technical Resources Eugene Water & Electric Board (EWEB) City of Eugene Public Works (Engineering, Transportation, Parks, and Maintenance) City of Eugene Community Development Eugene/Springfield Fire/EMS 4J Safe Routes to School Page 5 | 9 Draft Public Involvement Plan Project Phases The project will be completed in four phases, with each phase using a variety of public engagement strategies and resulting in a deliverable product. Phase 1: Survey Issues (March June) Phase 1 will involve information gathering. The project manager will conduct listening sessions with stakeholders to introduce the project, gain input on what the existing barriers to housing are in terms of criteria and process, what community values could be addressed better, and find out what diverse interests see as the best and worst outcomes from the project. In addition to the listening sessions, the project will also be announced by an EE Newsletter article and a new webpage on the Planning Division website. The project manager will schedule work session check-ins to review the Draft Charter and Draft Public Involvement Plan with Planning Commission and City Council. As part of identifying key issues, a land use code audit, performed by an external consultant, will evaluate our existing land use code approval criteria and procedures related to housing. The code audit will help determine the specific range of potential land use code changes. The consultant may also conduct independent stakeholder interviews to get in-depth feedback on problematic code requirements. what amendments are required in response to changes in State law and recent case law. Along with the code audit and stakeholder feedback, the legal survey will inform the Summary of Key Issues report that will guide Phase 2 work. At the end of this phase, the project manager will provide a memo update, along with a copy of the Summary of Key Issues report, to both Planning Commission and City Council, as well as interested parties. Feedback will be requested on corrections or additions to the key issues identified. Phase 2: Concepts and Evaluation (June September) The Summary of Key Issues report produced during Phase 1 will direct our engagement with key stakeholders in working group meetings during Phase 2. The working groups will involve stakeholders in generating a range of practical ideas for addressing each of the identified key issues. Staff will request representatives from key stakeholder groups to make up the working groups. Subject to availability, the composition of the groups may vary over the course of multiple working group meetings. For each key issue identified in the report, multiple concepts for how to address the issue will be generated, including a review of approaches used in other communities. Each concept will then be evaluated through several lenses, or criteria, such as whether the concept is clear and objective, creates added cost or delay, protects livability, and is consistent with the Triple Bottom Line framework. Stakeholder groups and the general public will be invited to comment on draft concepts, suggest additional concepts, and to weigh in on which concepts best address various interests. Through this engagement process, staff will identify the solutions to be included in the Preferred Concepts Report produced at the end of Phase 2. General updates will be provided using the EE Newsletter, website, and email(s) to Interested Parties. The Planning Commission will be asked to review and refine the draft Preferred Concepts Report. A City Council work session will be scheduled to present the report and request approval to proceed with drafting proposed code amendments will occur at the end of Phase 2. Phase 3: Draft Code (September January) Phase 3 will culminate with proposed land use code language for consideration by Council to proceed with formal adoption. In this phase, the project management team will work with an outside consultant to draft code language consistent with the preferred concepts identified in the Preferred Concepts Report produced Page 6 | 9 Draft Public Involvement Plan in Phase 2. Working groups will again be consulted upon completion of the first draft of code amendments. Project status updates will be communicated in the EE newsletter, on the website, and through direct email to Interested Parties. The project manager will bring the proposed land use code changes before the Planning Commission for review, resulting in a preliminary recommendation to the City Council. Depending on the level of input, this may be an iterative process that may recommendation, staff will proceed to a City Council work session where Council will have an opportunity to act on the Planning Commission recommendation, providing direction on the amendments that will proceed through the formal adoption process. Phase 4: Formal Adoption: (January - Summer 2019) The final phase of the project will be to bring the proposed land use code changes through the formal adoption process. The a Type V (legislative) land use process, which provides for multiple opportunities for public involvement. This process requires notice to the Oregon Department of Land Conservation and Development, mailed notice of the public hearings to interested parties, and placement of a legal ad. We also plan for additional outreach, including webpage updates, EE Newsletter updates and emails to interested parties. As part of the formal adoption process, a public hearing before the Planning Commission will take place, giving an opportunity for interested parties to provide written or spoken testimony. Following the hearing, Planning Commission will provide a final recommendation to the City Council on the proposed code amendments. Next, a public hearing will be held before the City Council, providing for additional opportunities for written or spoken testimony. Following the public hearing, City Council will act on the proposed code amendments. The diagram on the following page provides an estimated timeline and an overview of the project phases, and the public engagement strategies for each phase. Page 7 | 9 Draft Public Involvement Plan Clear & Objective Housing Standards Project Timeline March JuneJune SeptemberSeptember JanuaryJanuary 2019... Council Action Initiate Formal Adoption Concepts Phase Phase Phase Phase Survey Formal & Draft Code 1234 Adoption Issues Evaluation Public Engagement Strategies Phase 1Phase 2Phase 3Phase 4 Stakeholder ListeningStakeholder WorkingStaff & Consultant DraftPlanning Commission Sessions & InterviewsGroup MeetingsLanguagePublic Hearing EE NewsletterEE NewsletterWorking GroupPlanning Commission ConsultationsRecommendation Launch Project Page onWebsite updates Planning WebsiteEE NewsletterCity Council Public Hearing Email update to Interested Planning CommissionPartiesWebsite UpdatesCity Council Action Check-in Planning CommissionPlanning CommissionEE Newsleter City Council Check-inCheck-inCheck-in Website Updates City Council Check-inCity Council Direction End of Phase Products Page 8 | 9 Draft Public Involvement Plan Summary of Key IssuesPreferred ConceptsProposed Code ChangesAdopted Code Changes Coordination with other Projects The Project Team will coordinate with other projects underway for discussion of meeting coordination, workload overlap, and contact lists. Existing projects identified to date include: River Road Santa Clara Neighborhood Plan Climate and Energy Action Plan Update Comprehensive Plan Phase 2 Urban Reserves Planning Growth Monitoring Program Development Cost Analysis of Serving Different Development Patterns/Economic Cartography Moving Ahead Page 9 | 9 Draft Public Involvement Plan Project Charter: Clear & Objective Housing: Approval Criteria Update Project Title: Clear & Objective Housing: Approval Criteria Update Project Charter Author: Jenessa Dragovich, Senior Planner Creation Date: June 26, 2017 Last Revision Date: May 23, 2018 Project Origin: Council direction, Envision Eugene high-priority work plan item Project Sponsor: Robin Hostick, Planning Director Project Manager: Jenessa Dragovich Project Team Members: Jenessa Dragovich, Alissa Hansen, Lauren Sommers Project Charter Status: Draft/Pending Proposed Project Start and End Date: Target for Council consideration: within 1 year of UGB acknowledgement (January 2019) Contents Overview/Purpose ....................................................................................................................................... 3 Goals ............................................................................................................................................................. 5 Objectives ..................................................................................................................................................... 5 Scope ............................................................................................................................................................. 5 Deliverables................................................................................................................................................... 8 Project Milestones/Timeline ......................................................................................................................... 9 Public Involvement Plan/Key Stakeholders .................................................................................................. 9 Decision Making Process ............................................................................................................................. 10 Coordination Protocol ................................................................................................................................. 11 Project Budget/Staff Resources .................................................................................................................. 11 Assumptions/Policy Background ................................................................................................................ 12 Constraints .................................................................................................................................................. 12 Dependencies.............................................................................................................................................. 12 Risks ............................................................................................................................................................ 13 Approvals .................................................................................................................................................... 13 Page 2 | 16 Draft Project Charter Overview/Purpose tƩƚƆĻĭƷ 5ĻƭĭƩźƦƷźƚƓ Envision Eugene adoption process, the City expects to accommodate approximately 15,000 new homes in the next 20 years within our current Urban Growth Boundary (UGB). We anticipate that a mixture of diverse and changing needs over this period. Our housing needs must be also be balanced with the related to neighborhood livability, public health and safety, economic opportunities, and natural resource protections expressed through the Envision Eugene pillars. Senate Bill 1051 amended the definition of means all housing on land zoned for residential use or mixed residential and commercial use. Needed housing includes the following housing types: attached and detached single-family, multiple family, government assisted, mobile home or manufactured dwelling. Needed housing developments are entitled to a land use application process under clear and objective approval standards as required by State law. In 2001-e Eugene City Council adopted a two-track system for the following types of land use applications: partitions, subdivisions, site reviews, oval criteria required by state law for housing applications The approval criteria included in the Needed Housing tracks are intended to be clear and objective, and to offer a predictable path to approval for housing projects that meet the criteria. The City also offers land use applicants an alternative process that includes discretionary (i.e. subjective) approval criteria and is designed to allow more flexibility in discretionary track. Housing applicants are entitled to choose either track. An excerpt of the applicable State statutes is provided at the end of this charter for reference. Several of adopted clear and objective approval criteria are viewed by some as overly burdensome or as barriers to housing; not necessarily the best way to achieve the regulatory intent; and, in some instances increasing the cost or time required to obtain land use approvals and construct housing. time period, a number of legal challenges have occurred through land use appeals where the applicant has asserted that our criteria violate State law because they are subjective, increase cost and uncertainty, or are otherwise difficult to meet on certain sites. In their view, these criteria are a barrier to housing and should be amended or repealed. clear and objective approval criteria - by the Oregon Land Use Board of Appeals (LUBA) to violate the statutory requirement for being clear and objective, and can no longer be applied. This is a problem for our community because we do not have a clear and objective criterion in place that addresses concern about safe access to and from developments. Additionally, a recent decision by the Eugene Hearings Official determined that the Traffic Impact Analysis standards are not clear and objective. The purpose of the Traffic Impact Analysis review, when applicable, is to ensure that developments provide facilities to accommodate the traffic Page 3 | 16 Draft Project Charter generated by the proposed development. The loss of this regulatory tool for housing applications will These are examples of why City staff and a variety of key stakeholders agree that our existing clear and objective criteria should be reviewed and possibly updated, as discussed in greater detail below. The interest and expectation for an update to our land use code also gained the attention of the Planning Commission and City Council as part of the Envision Eugene adoption process. In recent months, neighborhood leaders concerned about how code updates could impact livability, as well as Council. These interests intersect with the Clear & Objective Housing: Approval Criteria Update and further demonstrate the need to create a more efficient and effective path for land use applications proposing housing. Additionally, the Home Builders Association of Lane County (HBA) has continued to clear and objective criteria and how they may impact our ability to meet the projected 20-year housing demand on existing land within the urban growth boundary (UGB). implementing Envision Eugene, with Council direction to bring proposed land use code changes back for to occur by January 2019. DĻƚŭƩğƦŷǤ The scope of work will likely include amendments to the land use application approval criteria for partitions, subdivisions, site reviews, conditional use permits and planned unit developments and related procedures for housing that apply City-wide. CğźƌǒƩĻ Ʒƚ wĻğĭŷ wĻƭƚƌǒƷźƚƓ Failure to examine and revise our clear and objective approval criteria may Accommodate our housing need inside our existing UGB Provide housing affordable to all income levels Use existing land wisely and efficiently Provide certainty for housing developers and neighbors Address concerns regarding safety and quality of life In addition, the City will likely face continuing legal challenges and significant public expense in processing appeals on a project-by-project basis. Future appeals could result in unintended gaps or uncertainty in our clear and objective approval criteria, which may leave important community values unaddressed through the land use process, causing further erosion of trust and higher cost to the public. If the Clear & Objective Housing: Approval Criteria Update is successful, our regulatory framework will reduce potential appeals and housing cost associated with the land use process; increase certainty and predictability for property owners and developers in their ability to provide housing; and reflect a balanced outcome with respect to other important community values. Page 4 | 16 Draft Project Charter Goals The overarching goal of this important Council directive intended to help our community prepare for future growth as expressed in Envision Eugene. The Clear & Objective Housing: Approval Criteria Update will involve land use code changes that result in a balanced outcome with respect to the policy goals as embodied in the pillars of projected housing needs within the existing UGB over the next 20-year planning period, while also protecting public health and safety, neighborhood livability, and natural resources in keeping with our ŷĻ ƚǝĻƩğƩĭŷźƓŭ In summary, the project will strive to meet the following goals: ŭƚğƌ ƚŅ Ʒŷźƭ ĻŅŅƚƩƷ źƭ Raise awareness of the role of clear and objective land use code approval ĭƌĻğƩ ğƓķ ƚĬƆĻĭƷźǝĻ Engage the public in a discussion of objective alternatives that best meet and ƌğƓķ ǒƭĻ balance our values ğƦƦƌźĭğƷźƚƓ ĭƩźƷĻƩźğ Reduce or mitigate existing land use code barriers to housing development ğƓķ ƦƩƚĭĻķǒƩĻƭ ŅƚƩ Support reasonable and predictable development of buildable lands for ŷƚǒƭźƓŭ ǞźƷŷ ƚǒƩ housing Address public health and safety, natural resource protection, and ĭǒƩƩĻƓƷ ƓĻĻķƭ ğƓķ neighborhood livability with clear and objective approval criteria for housing ǝğƌǒĻƭ͵ Objectives The following objectives help to articulate how the City intends to achieve the goal of updating our clear and objective criteria for land use applications for housing: 1)Gather public input on a range of known concerns, suggested solutions, and alternatives regarding clear and objective standards. 2)Maintain compliance with State law by ensuring the approval criteria for housing applications are clear and objective, and do not have the effect of discouraging needed housing through unreasonable cost and delay. 3)Respond to any changes in State law or recent case law which may further refine, dictate, or legally require certain amendments. 4)Present recommended land use code changes to Council for consideration, request action to move forward with formal adoption processtarget January 2019 (within one yea Scope apply City-wide, so this update will ultimately involve a legislative process to amend the land use code. Consistent with the goals and objectives stated above, the Clear & Objective Housing: Approval Criteria Update will require any proposed changes put forward analysis and public review prior to beginning the formal adoption process. It will also require that all recommendations be responsive to changes in State law and other recent case law. Page 5 | 16 Draft Project Charter The project will take place in three main phases, with the future fourth and final phase encompassing the formal adoption process. The following list represents a sequence of tasks that reflect the intended scope and outline the parameters of the project: 1)Issue Identification. The initial phase will include project startup tasks like drafting the project charter and public involvement plan. It will also include outreach to stakeholders (listening sessions and stakeholder interviews), an external code audit, and an internal legal analysis that will help identify the issues to address within the scope of this land use code update. More specifically, Phase 1 will include: a.Public Involvement. Prepare and implement a public involvement plan (with implementation support from a qualified local consultant) appropriately customized for the scope of the proposed Clear & Objective Housing: Approval Criteria Update. This plan will help refine our public outreach efforts with key stakeholders to ensure a highly transparent, open, and balanced process. b.Stakeholder Listening Sessions and Interviews. Conduct early listening sessions with key stakeholders to identify barriers to housing in terms of existing criteria, expectations for best/worst outcomes, and general advice or concerns they wish to share. Hold further interviews, as needed, with the involvement of the consultant preparing the code audit. c.Land Use Code Audit. Determine the specific range of possible land use code amendments through a Code Audit that will identify the land use application criteria and related standards to be included in the clear and objective update. This Code Audit will be supported by an outside consultant to help provide a neutral and knowledgeable third-party perspective for the project. d.Legal Analysis. Identify what specific amendments are required in response to changes in State law, and recent case law. e.Summary of Key Issues. Using the information collected from items a.d. above, compile a report that summarizes the key issues that surface. 2)Concepts and Evaluation. Using the Summary of Key Issues generated in Phase 1, hold stakeholder working group meetings to review and vet issues, generate concepts, and evaluate potential clear and objective approaches. Preferred concepts will be recommended by staff based on criteria and input. Produce a Preferred Concepts report once the preferred concept for each issue has been identified. A policy analysis and land supply review will also be included to ensure the removal or mitigation of potential barriers to housing are balanced with other key policy objectives and to evaluate the potential effects on our buildable land supply that would result from proposed regulatory changes. 3)Draft Land Use Code. The third phase will involve writing proposed code changes and soliciting stakeholder feedback. a.Land Use Code Writing. Draft preliminary land use code amendment language based on the Preferred Concept report. This work will be performed by the project management team with assistance from the outside consultant. b.Working Group Consult. Consult with stakeholders once draft code language is created to get feedback on the proposed changes. c.Council Action. Upon development of a draft set of proposed land use code changes that have been reviewed by the public and Planning Commission, schedule work session with City Council to present a set of proposed code updates and seek direction on what code changes to take Page 6 | 16 Draft Project Charter through the formal adoption process. Council action to move forward to formal adoption concludes the majority of the Clear & Objective Housing: Approval Criteria Update as outlined in this charter. 4)Formal Adoption. From that point on, adoption of the proposed land use code changes will follow a legislative land use process. As such, a file record will be created and staff will commence with required notices and additional outreach as needed, draft required findings of compliance with applicable Statewide Planning Goals and other approval criteria, and prepare other supporting materials necessary for adoption of the proposed land use code amendments. {ĭƚƦĻ 9ǣĭƌǒƭźƚƓƭ The Clear & Objective Housing: Approval Criteria Update will encompass all housing types at various densities and price ranges throughout the entire City (where the zoning permits housing). The project is not intended to facilitate or incentivize any one particular housing type such as low-income or affordable housing, multi-family or single-family, secondary dwelling units or tiny homes. These discussions are outside the scope of this project except where they intersect with the stated goals and objectives. The project is only intended to broadly address the land use application criteria and related The scope will be limited to clear and objective approval criteria pertaining to partitions, subdivisions, planned unit developments, site reviews, and conditional use permits. This may result in updating some general development standards applicable to housing to the extent such standards are referenced in the clear and objective land use application approval criteria. While the scope includes refinement plan policies that are already included as clear and objective approval criteria, to the extent they are identified in Phase 1 (such as the South Hills Study policies), the scope does not include an exhaustive analysis of existing refinement plan policies or an attempt to establish clear and objective standards that would implement these various policies through a comprehensive set of design standards. Such an effort would greatly exceed the scope of available that address area-specific policies would best be accomplished as part of future area plan and refinement plan updates. Page 7 | 16 Draft Project Charter Deliverables DELIVERABLE PURPOSE STAFF LEAD/SUPPORT PREPARATORY DELIVERABLES Clear articulation of project description, scope Project Manager Project Charter of work, and decision making process. /Principal Planner Establish the best means to reach key Project Manager/City Public Involvement Plan stakeholders for early input and formal team members decision-making events. /Consultant PHASE 1 DELIVERABLES Identify the specific range of land use Project Manager/ City Land Use Code Audit application criteria and procedures to be team members included in the clear and objective update. /Consultant Identify changes required due to case law and Project Manager/City Legal Analysis statutory requirements. team members Compile report of all issues identified through Summary of Key Issues outreach, the code audit, and legal analysis to Project Manager guide Phase 2 work. PHASE 2 DELIVERABLES Identify preferred concepts for addressing Preferred Concepts each of the key issues. Includes topic-specific Project Manager/City Report evaluation such as policy analysis and land team members supply review. PHASE 3 DELIVERABLES Draft land use code changes will address the issues and preferred alternatives generated during Phase 1 and 2. Proposed changes will be drafted and analyzed for effectiveness and potential impacts, then brought back to the Project Manager/City Draft Land Use Code key stakeholders for final consultation to team Changes ensure consistency with the preferred members/Consultant concepts. Planning Commission feedback will be sought, and the end result will be vetted and ready for City Council action to proceed to formal adoption. PHASE 4 DELIVERABLES Draft ordinance will include all formal land use code amendments to relevant provisions; findings will demonstrate compliance with applicable Statewide Planning Goals and related approval criteria for proposed land Project Manager/ City Proposed Ordinance use code amendments; and required public team members notices, outreach materials, agenda item summaries, and presentation tools will facilitate the recommendation and final decision-making at Planning Commission & City Council. Page 8 | 16 Draft Project Charter Project Milestones/Timeline This project will to bring back a set of proposed land use code changes by January 2019 (), including the following: development of preparatory deliverables including the public involvement plan (and related outreach efforts) Stakeholder listening sessions/interviews an external land use code audit an internal legal analysis a Summary of Key Issues report several stakeholder working group sessions a Preferred Concepts report draft proposed land use code changes and supporting materials a policy analysis and land supply review for proposed amendments draft proposal ready for City Council action to proceed to formal adoption Following Council action to proceed with formal adoption, the formal adoption process would commence in January/February 2019 and will include additional work sessions, public hearings, and deliberations at Planning Commission and City Council. This process is expected to take an additional 6 months. Public Involvement Plan/Key Stakeholders A public involvement plan has been prepared and appropriately customized for the scope and timelines of the Clear & Objective Housing: Approval Criteria Update. The project will be completed in phases, with each phase building upon the work done in the previous phases. Consultant support for implementation will depend upon funding and availability. The project manager will seek guidance from designated Planning Commission resources throughout the project phases. This plan will help to refine our public outreach strategy to ensure an inclusive, transparent, and balanced process. The following key stakeholders are initially identified as having an important role in the proposed need housing update: Home Builders Association of Lane County (HBA) Neighborhood associations and residents Housing developers (both single and multi-family) Housing Policy Board Chamber of Commerce 1000 Friends of Oregon Local land use consultants Design professionals (planners, architects, engineers, etc.) Sustainability Commission Subsidized housing providers (St. Vincent DePaul, NEDCO, Homes for Good, Cornerstone, etc.) Tree preservation & natural resource advocates Page 9 | 16 Draft Project Charter Transportation advocates Eugene Realtors Association WE CAN (Walkable Eugene Citizens Advisory Network) Better Housing Together Other technical resources will include: Eugene Water & Electric Board (EWEB) City of Eugene Public Works (Engineering, Transportation, Parks and Maintenance) City of Eugene Community Development Eugene/Springfield Fire/EMS 4J Safe Routes to School Key stakeholder groups and the general public will be offered multiple opportunities to engage the planning process through varied means, both formal and informal. Those details, as well as the level of participation (e.g. inform, consult, involve, collaborate) are addressed in the public involvement plan. Decision Making Process Following the initial phases of public involvement with key stakeholders to identify key issues (Phase 1), help generate options (Phase 2), and review draft land use code language (Phase 3), a preliminary round of Planning Commission review and Council consideration and input will take place (End of Phase 3) before proceeding with the formal adoption process (Phase 4). While the main decision point will come at the end of Phase 3, when the project manager requests City Council action to move forward with formal adoption, check-ins with both Planning Commission and City Council will occur at key points in each phase. The times/items where staff will seek guidance and feedback or provide a project update will be: Project initiation Draft Charter and Draft Public Involvement Plan reviews Phase 1Summary of Key Issues report Phase 2Preferred Concepts report Phase 3Draft land use code changes (Council action) Phase 4 Final land use code changes (Council adoption) Following Council action to proceed with formal adoption, as a land use code amendment, the proposed code changes stemming from the Clear & Objective Housing: Approval Criteria Update are required to requires public notice and hearings at both the Planning Commission and City Council levels. From start to comple provide the City Council with a final recommendation, and City Council will be the final local decision- maker on the package of proposed land use code amendments. Page 10 | 16 Draft Project Charter Coordination Protocol tƩƚƆĻĭƷ ağƓğŭĻƒĻƓƷ Ļğƒ The Project Management Team is the core staff team tasked with executing the project according to the project charter, including production of deliverables, communication, coordination, managing consulting contracts, and adjustments as needed. Name Title Role Jenessa Dragovich Senior Planner Project Manager/Lead Staff Alissa Hansen Principal Planner Oversight/Support Terri Harding Principal Planner Oversight/Support Lauren Sommers City Attorney Legal Advice Significant amendments to the scope will require review and approval by the Principal Planner and Planning Director, in consultation with PDD Management, the City Attorney and City Manager as needed. Project Budget/Staff Resources Public involvement and outreach beyond the typical public notice requirements for land use code as implementation of the public involvement plan and a land use code audit with support from an outside consultant also require funding. Funding of $100,000 for the project has been identified and incorporated into the proposed FY19 budget. If approved, these funds will be available on July 1, 2018 and will be used to cover consultant costs for implementing the public involvement plan, conducting the Land Use Code Audit, and performing as-needed technical analysis (e.g., for geotechnical, traffic, or tree issues). The project is dependent on existing staff resources with competing demands for time including on- going State-mandated land use application processing and other high-priority Envision Eugene implementation tasks. Estimated staff time will include a Senior Planner as Project Manager (0.5 FTE) for the duration of the project, with additional support from the Principal Planner (0.05 FTE) and the City TBD). Additional staff time will be used on an as-needed basis for particular events or tasks, depending on the methods of public involvement, outreach, and materials such as graphics, maps, or case study examples to be produced at key points in the process (administrative support, graphic design, GIS mapping/analysis, etc.). The following estimates the amount of staff time for in-house assistance from long-range planning staff: Outreach Materials/Graphics/GIS Mapping: 30-40 hours Public Involvement Assistance: 40 hours Page 11 | 16 Draft Project Charter In addition to staff resources, material costs yet to be determined will include noticing, advertisements, and meeting materials (posters, handouts, etc.). Assumptions/Policy Background Below are potential factors or parameters that affect the project, its validity, execution or acceptance including applicable policies, directives, prior decisions, and particularly relevant laws and regulations affecting the project: Council Direction: July 20, 2015 Council Agenda Item Summary: https://ompnetwork.s3-us-west- 2.amazonaws.com/sites/134/documents/agenda_packet_76.pdf Council Minutes July 20, 2015: https://ompnetwork.s3-us-west- 2.amazonaws.com/sites/134/documents/minutes_50.pdf Envision Eugene Pillars: Envision Eugene, A Community Vision for 2032: https://www.eugene- or.gov/DocumentCenter/Home/Index/745 Legal requirements and changes in needed housing statutes or related case law: Needed Housing Statutes (See ORS 197.303-307): https://www.oregonlaws.org/ors/chapter/197 Senate Bill 1051 (2017): https://olis.leg.state.or.us/liz/2017R1/Downloads/MeasureDocument/SB1051/Enrolled LUBA No. 2016-024 (Walter v. City of Eugene): http://www.oregon.gov/LUBA/docs/Opinions/2016/06-16/16024.pdf -3) (See Page 5): http://cepdddocuments/PDDLFDocViewer/DocView.aspx?dbid=0&id=1988553 Constraints Potential factors that may limit our ability to carry out the project or achieve goals or objectives could include: Adequate staffing, depending on volume of land use applications submitted, i.e. if land use application demand increase significantly, staffing may be temporarily diverted to cover those needs in order to meet State-mandated timelines for land use review Continued project prioritization in the face of competing demands such as additional Council directives Legal requirements and changes in needed housing statutes or related case law Dependencies The project will require Council input on the scope of the Clear & Objective Housing: Approval Criteria Update to ensure alignment with the project goals, objectives, and deliverables as stated herein. While an early check-in and guidance to confirm whether the project as proposed is aligned with Council expectations. Stakeholder availability, commitment to the issue, and ongoing participation will be key to a robust approach that can balance the varied interests. Page 12 | 16 Draft Project Charter Risks Risk remains high for future appeals and legal challenges to our clear and objective criteria, both existing and proposed. Future phases of Envision Eugene implementation, including the adoption of Phase 2 of our new comprehensive plan and a parcel specific land use map, are also at the forefront of Clear & Objective Housing: Approval Criteria Update remains either unfinished or unsatisfactory to their interests. Neighborhood livability, public health and safety, and natural resource protections are firmly embedded in existing adopted policies, land use regulations, and the community vision expressed through the Envision Eugene pillars. These values will be at the forefront of public discussion of proposed changes to the clear and objective approval criteria for housing, especially for neighborhoods in the south hills and near farmlands and natural areas. There is a risk that the balance of community interests could lean toward changes to the clear and objective approval criteria that may not match the expectations of all stakeholders. Securing broad support among varied stakeholders will be the core challenge of this project. To mitigate these risks, the project should be considered a high priority with adequate time, staff resources, and funding allocated as soon as possible among competing priorities. The project should also focus on the intersection of the need for housing and broader community interests. That will require time and attention to exploring a range of options and daylighting tradeoffs and impacts for diverse community values. It may also require research and analysis to help the community better understand how issues relate to one another, for example the interplay between regulations and housing availability and affordability. Approvals __________________________________________ ______________________ Robin Hostick, Project Sponsor Date Planning Director, City of Eugene Planning Division __________________________________________ ______________________ Jenessa Dragovich, Project Manager Date Senior Planner, City of Eugene Planning Division Page 13 | 16 Draft Project Charter Relevant Needed Housing Excerpts from Oregon Revised Statutes (197.303-197.307) Source: 04/30/2018 https://www.oregonlegislature.gov/bills_laws/ors/ors197.html all housing on land zoned for residential use or mixed residential and commercial use that is determined to meet the need shown for housing within an urban growth boundary at price ranges and rent levels that are affordable to households within the county with a variety of incomes, including but not limited to households with low incomes, very low incomes and extremely low incomes, as those terms are defined by the United States Department of Housing and Urban the following housing types: (a) Attached and detached single-family housing and multiple family housing for both owner and renter occupancy; (b) Government assisted housing; (c) Mobile home or manufactured dwelling parks as provided in ORS 197.475 to 197.490; (d) Manufactured homes on individual lots planned and zoned for single-family residential use that are in addition to lots within designated manufactured dwelling subdivisions; and (e) Housing for farmworkers. (2) Subsection (1)(a) and (d) of this section does not apply to: (a) A city with a population of less than 2,500. (b) A county with a population of less than 15,000. (3) A local government may take an exception under ORS 197.732 to the definition of taken under the goals. \[1981 c.884 §6; 1983 c.795 §2; 1989 c.380 §1; 2011 c.354 §2; 2017 c.745 §4\] 197.304 Lane County accommodation of needed housing. (1) Notwithstanding an intergovernmental agreement pursuant to ORS 190.003 to 190.130 or acknowledged comprehensive plan provisions to the contrary, a city within Lane County that has a population of 50,000 or more within its boundaries shall meet its obligation under ORS 197.295 to 197.314 separately from any other city within Lane County. The city shall, separately from any other city: (a) Establish an urban growth boundary, consistent with the jurisdictional area of responsibility specified in the acknowledged comprehensive plan; and (b) Demonstrate, as required by ORS 197.296, that its comprehensive plan provides sufficient buildable lands within an urban growth boundary established pursuant to statewide planning goals to accommodate estimated housing needs for 20 years. (2) Except as provided in subsection (1) of this section, this section does not alter or affect an intergovernmental agreement pursuant to ORS 190.003 to 190.130 or acknowledged comprehensive plan provisions adopted by Lane County or local governments in Lane County. \[2007 c.650 §2\] 197.305 \[1973 c.80 §52; 1977 c.664 §23; repealed by 1979 c.772 §26\] Page 14 | 16 Draft Project Charter 197.307 Effect of need for certain housing in urban growth areas; approval standards for residential development; placement standards for approval of manufactured dwellings. (1) The availability of affordable, decent, safe and sanitary housing opportunities for persons of lower, middle and fixed income, including housing for farmworkers, is a matter of statewide concern. (2) Many persons of lower, middle and fixed income depend on government assisted housing as a source of affordable, decent, safe and sanitary housing. (3) When a need has been shown for housing within an urban growth boundary at particular price ranges and rent levels, needed housing shall be permitted in one or more zoning districts or in zones described by some comprehensive plans as overlay zones with sufficient buildable land to satisfy that need. (4) Except as provided in subsection (6) of this section, a local government may adopt and apply only clear and objective standards, conditions and procedures regulating the development of housing, including needed housing. The standards, conditions and procedures: (a) May include, but are not limited to, one or more provisions regulating the density or height of a development. (b) May not have the effect, either in themselves or cumulatively, of discouraging needed housing through unreasonable cost or delay. (5) The provisions of subsection (4) of this section do not apply to: (a) An application or permit for residential development in an area identified in a formally adopted central city plan, or a regional center as defined by Metro, in a city with a population of 500,000 or more. (b) An application or permit for residential development in historic areas designated for protection under a land use planning goal protecting historic areas. (6) In addition to an approval process for needed housing based on clear and objective standards, conditions and procedures as provided in subsection (4) of this section, a local government may adopt and apply an alternative approval process for applications and permits for residential development based on approval criteria regulating, in whole or in part, appearance or aesthetics that are not clear and objective if: (a) The applicant retains the option of proceeding under the approval process that meets the requirements of subsection (4) of this section; (b) The approval criteria for the alternative approval process comply with applicable statewide land use planning goals and rules; and (c) The approval criteria for the alternative approval process authorize a density at or above the density level authorized in the zone under the approval process provided in subsection (4) of this section. (7) Subject to subsection (4) of this section, this section does not infringe on a local (a) Set approval standards under which a particular housing type is permitted outright; (b) Impose special conditions upon approval of a specific development proposal; or (c) Establish approval procedures. (8) In accordance with subsection (4) of this section and ORS 197.314, a jurisdiction may adopt any or all of the following placement standards, or any less restrictive standard, for the approval of manufactured homes located outside mobile home parks: (a) The manufactured home shall be multisectional and enclose a space of not less than 1,000 square feet. Page 15 | 16 Draft Project Charter (b) The manufactured home shall be placed on an excavated and back-filled foundation and enclosed at the perimeter such that the manufactured home is located not more than 12 inches above grade. (c) The manufactured home shall have a pitched roof, except that no standard shall require a slope of greater than a nominal three feet in height for each 12 feet in width. (d) The manufactured home shall have exterior siding and roofing which in color, material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings as determined by the local permit approval authority. (e) The manufactured home shall be certified by the manufacturer to have an exterior thermal envelope meeting performance standards which reduce levels equivalent to the performance standards required of single-family dwellings constructed under the state building code as defined in ORS 455.010. (f) The manufactured home shall have a garage or carport constructed of like materials. A jurisdiction may require an attached or detached garage in lieu of a carport where such is consistent with the predominant construction of immediately surrounding dwellings. (g) In addition to the provisions in paragraphs (a) to (f) of this subsection, a city or county may subject a manufactured home and the lot upon which it is sited to any development standard, architectural requirement and minimum size requirement to which a conventional single-family residential dwelling on the same lot would be subject. \[1981 c.884 §5; 1983 c.795 §3; 1989 c.380 §2; 1989 c.964 §6; 1993 c.184 §3; 1997 c.733 §2; 1999 c.357 §1; 2001 c.613 §2; 2011 c.354 §3; 2017 c.745 §5\] Page 16 | 16 Draft Project Charter