HomeMy WebLinkAboutItem A: Green Infrastructure and Low-Impact Development
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Work Session: Green Infrastructure and Low-Impact Development
Meeting Date: January 17, 2006 Agenda Item Number: A
Department: Public Works - Engineering Staff Contact: Mark Schoening
www.eugene-or.gov Contact Telephone Number: 682-5243
ISSUE STATEMENT
This work session responds to City Council direction during the adoption of an ordinance implementing
post-construction standards for stormwater management for staff to research issues related to green
infrastructure and low-impact development and possible amendments to the stormwater standards in
response to the public comments received after the close of the public record.
BACKGROUND
On June 12, 2006, the City Council considered an ordinance amending certain sections of Chapter 9 of
the Eugene Code and implementing post-construction standards for stormwater management. Prior to
approving the main motion, the council passed the following motion made by Councilor Kelly:
Reject as part of the record all arguments, evidence, and other testimony received since the close
of the public record on May 22, 2006, and direct the City Manager to retain that information for
use in a future work session to be scheduled later this year on possible amendments to the
stormwater development standards ordinance and related work.
In an e-mail prior to the council meeting Councilor Kelly explained his goal for the future work session
as follows:
What I propose is to have a council work session and staff research on the broad areas of natural
drainage (citywide, not just RR/SC), as well as other “green infrastructure” issues raised by the
River Road Community Organization under the heading of “low-impact development.”
A related issue addressed in a memo to the Mayor and City Council dated May 22, 2006 (attached), is
the relationship between the stormwater development standards and the development of the River Road
– Santa Clara Basin.
The Low-Impact Development Center, a non-profit organization dedicated to the advancement of low-
impact development technology defines low-impact development as follows:
Low-impact development is a new comprehensive land planning and engineering design
approach with a goal of maintaining and enhancing the pre-development hydrologic regime of
urban and developing watersheds.
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The underlying principal of low-impact development is the integration of land use planning and
stormwater management. The following are examples from Eugene and Portland of prescriptive and
incentive based approaches to low-impact development –
The City of Eugene’s Local Street Plan was adopted in 1996 and later incorporated into the Arterial
and Collector Street Plan which was adopted in 1999. The Local Street Plan set design standards for
“skinny streets.” The “skinny street” design standards were established to meet the goals of
enhancing livability, safety, and quality of life. Stormwater management was not an identified goal
of “skinny streets.” Because “skinny streets” cost less to construct and require less right-of-way,
there is an incentive to build “skinny streets” in new development. As a result, most new local
streets are 21-feet wide which allows two-way travel and parking on one side of the street. The
overall effect has been a reduction in the amount of new impervious area and less impact to the
hydrologic regime within the urban watershed than prior to the adoption of “skinny street” standards.
The City of Portland adopted amendments to the regulations concerning Floor Area Ratios in the
Development Standards for the Central City Plan District to allow additional floor area if an eco-roof
is incorporated into the building design. Eco-roofs are stormwater facilities that reduce stormwater
runoff, counter the increased heat of urban areas, and provide habitat for birds. Eco-roofs are one of
the design methods allowed in the City of Eugene’s Stormwater Management Manual, however,
there are not any incentives in the development code that would encourage the use of eco-roofs.
The City of Portland adopted amendments to its development code related to parking lots to promote
the integration of stormwater management facilities into parking lot layout. The amendments
require interior landscaped areas sufficiently large to provide on-site stormwater management,
improved planting of interior landscaped areas, and improved shading of parking areas. Vehicle
parking capacity is maintained by reducing the minimum required sizes of parking spaces and aisles.
The City of Eugene’s development code has landscape standards for parking lots, but does not
specifically integrate stormwater management into parking lot standards.
The stormwater development standards and Stormwater Management Manual were modeled on the best
managements practices researched throughout the Northwest. They include the following prescriptive
and incentive based approaches to require and/or encourage the use of low-impact development
practices:
The stormwater development standards require stormwater flow control (headwaters) to protect
waterways in the headwater areas from the erosive effects of increases in stormwater runoff peak
flow rates and volumes resulting from development. This is a regulatory approach to maintaining
the pre-development hydrologic regime and meets the objective of Low Impact Development.
The Stormwater Management Manual identifies impervious area reduction techniques that reduce
the total amount of impervious area with a corresponding reduction in the amount of runoff to be
treated. The techniques include eco-roofs, pervious pavements, contained planters, and credits for
preserving or planting trees
The Stormwater Management Manual includes the provision of SDC and user fees credits and
incentives for private stormwater facilities that treat runoff from impervious areas not subject to the
stormwater development standards.
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The Stormwater Management Manual provides the ‘tools” or best management practices to facilitate
low-impact development practices. It includes many stormwater facilities that allow onsite management
of stormwater including eco-roofs, pervious pavement, contained infiltration and flow-through planters,
soakage trenches, infiltration sumps, drywells, and rainwater harvesting.
The most comprehensive approach to determine local regulatory barriers to low-impact development
may be that of the Puget Sound Action Team. The Puget Sound Action Team is a partnership of state
agencies and tribal and local governments charged with developing and coordinating conservation
programs to protect and restore Puget Sound. In 2005, the Puget Sound Action Team retained a
consultant and worked with 11 Puget Sound local governments to develop new and/or revise existing
local government regulatory language related to stormwater management and land development to
increase the use of low-impact development practices. Depending on the goals of each individual local
government, both incentive-based and prescriptive approaches were developed to increase the use of
low-impact development practices. However, the majority of local governments preferred an incentive-
based approach.
Each of the 11 local governments assigned project managers and assembled interdisciplinary teams
comprised of Public Works and Planning and Development staff to work with the Puget Sound Action
Team and its consultant. The most successful interdisciplinary teams included staff with expertise in
stormwater management and land use planning. The program was continued in 2006 with eight local
governments and will be continued in 2007.
One of the commonalities of the work with the 11 Puget Sound local governments was that barriers to
low-impact development practices were not limited to stormwater development standards, but found in
many sections of the development code, other sections of the municipal code, and in administrative
policies and procedures.
For the City to implement a similar comprehensive review of the Eugene Code and administrative
policies and procedures would require the City Council to prioritize the comprehensive review in the
current or a future Planning Division work program and for Public Works to prioritize the
comprehensive review in the Stormwater Management Team work program.
RELATED CITY POLICIES
The City’s Comprehensive Stormwater Management Plan (CSWMP) was adopted in November 1993 as
a refinement to the Eugene-Springfield Metropolitan Area General Plan. Goal 1 of the CSWMP states:
Through an interconnected system of constructed and natural facilities, provide multiple
stormwater benefits to the community including: flood control and drainage services,
protection and enhancement of water quality and natural resources that perform stormwater
functions, recreational facilities and educational opportunities.
In February 1998, the City Council adopted 19 Growth Management Policies. Policy 17 states:
Protect and improve air and water quality and protect natural areas of good habitat value
through a variety of means such as better enforcement of existing regulations, new or revised
regulations, or other practices.
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COUNCIL OPTIONS
The options available to the council are:
1.Reprioritize the FY07 Planning Division work program and direct the City Manager to reprioritize
the Stormwater Management Team work program to include a comprehensive review of the Eugene
Code and administrative policies and procedures to identify barriers and regulatory or incentive-
based approaches to increase the use of low-impact development practices.
2.Direct the City Manager to include in the FY08 Planning Division work program and the
Stormwater Management Team work program a comprehensive review of the Eugene Code and
administrative policies and procedures to identify barriers and regulatory or incentive-based
approaches to increase the use of low-impact development practices.
3.Take no action.
CITY MANAGER’S RECOMMENDATION
The City Manager recommends that the City Council direct the City Manager to include in the FY08
Planning Division work program and the Stormwater Management Team work program a
comprehensive review of the Eugene Code and administrative policies and procedures to identify
barriers and regulatory or incentive-based approaches to increase the use of low-impact development
practices.
SUGGESTED MOTION
Move to direct the City Manager to include in the FY08 Planning Division work program and the
Stormwater Management Team work program a comprehensive review of the Eugene Code and
administrative policies and procedures to identify barriers and regulatory or incentive-based approaches
to increase the use of low-impact development practices.
ATTACHMENTS
A. Proposed Stormwater Development Standards and the River Road – Santa Clara Basin Plan
FOR MORE INFORMATION
Staff Contact: Mark Schoening
Telephone: 682-5243
Staff E-Mail: mark.a.schoening@ci.eugene.or.us
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ATTACHMENT A
Public Works
Wastewater
City of Eugene
410 River Ave.
M
Eugene, Oregon 97401
EMORANDUM
(541) 682-8600
(541) 682-8601 FAX
www.ci.eugene.or.us
Date:
May 22, 2006
To:
Mayor Piercy and City Council
From:
Therese Walch, Water Resources Manager (682-8647)
Subject:
Proposed Stormwater Development Standards and the River Road – Santa Clara
Basin Plan
The purpose of this memo is to clarify the connection between the proposed stormwater
development standards ordinance and the stormwater basin plans, including the River Road -
Santa Clara Basin Plan. Information is also provided in response to concerns raised at the May
8, 2006 public hearing on the proposed stormwater development standards ordinance related to
the preservation of natural drainage systems in the River Road - Santa Clara area.
Stormwater Basin Planning Process
The earlier stormwater basin planning process was precipitated by the adoption in 1993 of the
Comprehensive Stormwater Management Plan (CSWMP) and the City of Eugene’s 1994
NPDES permit. These actions marked a significant shift in the City’s approach to stormwater
management. In addition to drainage and flood control services, the City’s stormwater program
was expanded to include the protection and enhancement of stormwater quality and related
natural resources. Since the City’s previous Storm Drainage Master Plan (OTAK, 1990) was
developed solely for the purpose of addressing drainage and flood control issues, an update of
the 1990 Storm Drainage Master Plan was necessary to bring it into compliance with current
City policy and new regulations. The City initiated a project to develop multiple objective
Stormwater Basin Master Plans (Basin Plans). The objective for the new Basin Plans was to
develop stormwater management strategies, primarily capital projects and development
standards, that, along with the other activities in the stormwater program:
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Minimize flooding associated with existing and future development conditions;
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Prevent and/or reduce stormwater runoff pollution associated with new development and
existing development;
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Protect and enhance stormwater-related natural resources for their beneficial stormwater
functions.
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Maximize cost-effectiveness through coordination with other City programs.
The basin planning process included a comparison, in terms of feasibility and cost-effectiveness
of two options for addressing predicted flooding and water quality problems from future
development: public capital facilities (capital projects) vs. private on-site controls (development
standards). To address predicted flooding problems from future development, the conclusion for
all six stormwater basins was that public capital facilities at specific locations would be the most
appropriate and cost-effective option. To address predicted water quality problems related to
development, the conclusion for all six stormwater basins was that private on-site controls would
be the most appropriate option. Public capital facilities would not fully address the
development-related water quality problem given the limited nature and location of vacant land
to site public water quality facilities. The public cost to maintain large capital facilities was also
a consideration. The basin planning analysis confirmed the appropriateness of on-site controls
for development and provided justification for pursuing the recommended course of action:
adoption of city-wide stormwater quality development standards. The basic elements of a future
stormwater development standards ordinance were established during the basin planning process
including what the standards would be, where and how they would apply, and what the public
and private maintenance responsibilities would be. Specific elements of a future stormwater
development standards ordinance were assigned to a separate process.
The basin planning stormwater management strategies were reviewed by the Public Works
Stormwater Department Advisory Committee from February 1999 through June 2000, and
subsequently presented to neighborhood and interest groups. By August 2002, updated Basin
Plans had been completed for six of Eugene’s seven stormwater basins: Amazon, Willow Creek,
Bethel-Danebo, Willakenzie, Willamette River, and Laurel Hill (see attached figure for basin
locations and approximate boundaries). An initial study towards the development of a River
Road - Santa Clara Basin Plan was also drafted by August 2002 but was not completed pending
collaboration with Lane County on addressing inter-jurisdictional issues and the need for
additional stormwater system information in that area.
The new Basin Plans, adopted administratively in 2003, guide the management of stormwater
throughout the study area. They are used by City staff for background/contextual information,
for development of the City’s biennial Capital Improvement Program, for contextual support for
proposed development standards and waterway protections, and for evaluating technical
information about the stormwater system. The Basin Plans are not used to regulate conduct or
activities of the public.
Stormwater Development Standards
Subsequent to the completion of the six new Basin Plans, separate implementation processes
were initiated including the development of a proposed stormwater development standards
ordinanceand associated design manual. A subcommittee of the Stormwater Department
Advisory Committee volunteered to review the implementing ordinance for consistency with the
basin planning context, and for appropriateness in implementation at the higher level of detail
reflected in the ordinance. The stormwater development standards ordinance now under
consideration by City Council primarily addresses the destination (i.e. conveyance) of
stormwater for flood control and the quality of stormwater from developing sites.
The destination provisions in the ordinance (Section 9.6791) are not new code requirements, but
already exist in City code (Section 9.6510). The ordinance moves the destination provisions so
that stormwater standards related to development are in one location of City code for clarity.
The destination requirements ensure that there is adequate capacity in the system to convey
stormwater from the developing site and those stormwater conveyance systems for developing
sites meet a certain level of flood protection. The destination provisions of the ordinance provide
the basic design standards but do not require that stormwater be conveyed by any particular
means (pipe, open drainage system, drywell), nor do they preclude conveyance by any particular
means.
The water quality provisions of the ordinance include pollution reduction, flow controls for
headwater sites, oil controls, and source controls (Sections 9.6792 through 9.6795). These are
new requirements for development in Eugene and are being implemented in direct response to
the new Basin Plans and the City’s National Pollution Discharge Elimination System (NPDES)
permit that requires the establishment of “controls to reduce the discharge of pollutants to the
municipal stormwater system from areas of new development and significant redevelopment.”
The water quality provisions of the ordinance do not dictate the type of water quality facilities
that must be used, but provides the basic design standard that must be met and references the
Stormwater Management Manual for detailed design requirements.
River Road - Santa Clara Basin Plan
Status
In April 2004, the City of Eugene and Lane County entered into an agreement for stormwater
services, including collaborating to complete the draft River Road - Santa Clara Basin Plan.
Work to finalize the plan is underway, involving City of Eugene and Lane County staff and
consultants, and the plan is scheduled for completion by December 2006. The final plan will
include a stormwater management strategy for the River Road – Santa Clara basin, including
capital projects and development standards.
Relationship of River Road - Santa Clara Basin Plan to Stormwater Development Standards
The proposed stormwater development standards ordinance and the River Road - Santa Clara
Stormwater Basin Plan are complimentary but independent of each other. Given the in-depth
analysis and comparison of options for addressing runoff from new development that was done
in the earlier basin planning process, the consistent outcome for all of the other six basins, and
the benefits of applying consistent stormwater quality development standards city-wide,
additional analysis on that point is not a part of the current work plan. The draft River Road -
Santa Clara Basin Plan reflects that implementing on-site stormwater development standards
city-wide is the most appropriate strategy for addressing the water quality impacts associated
with future development and it is not expected that the River Road - Santa Clara Basin Plan will
result in any changes to the stormwater development standards ordinance.
Delaying adoption of the stormwater development standards ordinance pending completion of
the River Road - Santa Clara Basin Plan is not warranted given the independence of the two
efforts. Delaying ordinance adoption would also be counterproductive in that opportunities to
address the water quality of runoff from sites proposed for development over the next six months
would be lost, including those in the River Road - Santa Clara area.
The River Road - Santa Clara Basin and the Preservation of Natural Drainage Systems
Concern was expressed at the public hearing on May 8, 2006 that the more natural stormwater
systems that exist in River Road and Santa Clara including roadside swales are being replaced
with engineered (piped) systems for conveying stormwater upon development. Residents
expressed that, given their multiple benefits, roadside ditches and open waterways should be
preserved and utilized rather than replaced by piped systems. This issue will not be addressed by
the stormwater development standards ordinance. As indicated above, the type of system used
to convey stormwater is not dictated by the proposed ordinance, existing City Code, or
administratively adopted design standards, but rather is decided based upon feasibility, cost, and
preference.
There is also nothing in the proposed ordinance, existing City Code or administratively adopted
design standards that prohibits the use of natural drainage systems for stormwater, however the
use of more natural systems such as roadside ditches or swales is often not chosen due to the:
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lack of a continuous roadside ditch or swale system to reliably convey stormwater runoff;
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lack of grade and/or capacity in an existing roadside ditch or swale; and
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advantages of curbs/gutters including physical stability for the street, a barrier from vehicles
for pedestrian protection, efficient stormwater conveyance, and an edge to assist with street
sweeping.
Given the unique nature of the River Road - Santa Clara basin and the prevalence of existing
roadside ditches/swales, this issue could be addressed in the context of the River Road - Santa
Clara basin planning and follow-up implementation. The River Road - Santa Clara Basin Plan
would be an appropriate venue for analyzing this as an element of an integrated stormwater
management strategy for flood control and water quality.
The earlier basin planning efforts identified the preservation of waterways as another element of
the stormwater management strategies for implementing CSWMP and responding to Clean
Water Act regulations. In October 2006, Council will consider whether to adopt protection
measures (i.e. setbacks and prohibitions on piping/filling) for Eugene’s waterways that are not
meeting state water quality standards, and their tributaries. Waterways that meet criteria for
potential protection in the River Road - Santa Clara area include Flat Creek, Spring Creek, the
East Santa Clara Waterway, and the A1 Channel and their direct tributaries.
Preservation of waterways city-wide is being accomplished in other ways as well. In November
2005, the City Council adopted Goal 5 natural resource protection measures along certain
waterways including Flat Creek, Spring Creek, the East Santa Clara Waterway, and the A1
Channel in the River Road - Santa Clara area. In January 2006, Council approved a rate increase
to fund an enhanced stream corridor acquisition program. The acquisition program has
purchased over 40 acres of stream corridors to date including a portion of the East Santa Clara
Waterway corridor through what is now called Wendover Park.
For More Information
Please contact Therese Walch at 682-8647 or therese.walch@ci.eugene.or.us for any additional
information.
Attachment
Stormwater Basin Map
City of Eugene
Major Stormwater Basins
May 22, 2006