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Home My WebLink About2022 07 19 PC WS Minutes_Approved W_PPMinutes of the Planning Commission Meeting – July 19th, 2022 Approved 9/20/22 Attested by S. Weaver 1 July 19th, 2022 6:00 p.m. Work Session City Council Chambers and via Zoom Planning Commissioners Present: Vice Chair Salazar, Grace Bergen, Michael Koivula, Kuri Gill Absent: Andrew Buck Staff: Mark Rust, Current Planning Manager; Melissa Carino, Senior Planner; Kristina Kraaz, Assistant City Attorney; Shannon Morris, Administrative Specialist; Sarah Weaver, Community Development Administrative Specialist Pledge of Allegiance was led by Vice Chair Salazar. Commissioner Gill moved to approve the minutes from the February 23rd and June 7th meetings, including the corrections referenced by Commissioner Bergen: Commissioner Salazar was absent from the meeting on February 23rd but was listed as abstaining on votes. The minutes should reflect his absence. Also, Commissioner Landen led the pledge of Allegiance and not Commissioner Gill. Lastly, it was decided not to include the link to the video presentation of the meetings in the minutes based on staff recommendation. Commissioner Koivula seconded the motion. Roll call vote: Buck - Absent Bergen - Aye Gill - Aye Koivula - No Salazar – Aye 3:1:1 – Absent / Motion carries. Business from the Audience: Dennis Wyrick, Chair of BPAC. He wanted to offer support for the election of the new member of BPAC. Regular Session 1. Willamette Greenway Development Permit Case: 811-22-000106-TYP3 Staff: Melissa Carino, Senior Planner Kristina Kraaz, City Attorney read a brief statement regarding public hearing process and conflicts of interest. Potential Conflicts of Interest: 2 • Bergen – Potential conflict of interest. She is an active real-estate broker and has an active listing on East 19th Street. • Gill – No conflict of interest or independent knowledge of the site. She does drive past the site on a regular basis. • Koivula – No conflict of interest or ex parte contact. He has surveyed that area as well as other areas nearby many years ago. He confirmed that this would not affect his opinion of the proposed development permit. • Salazar – No conflict of interest or ex parte contact. His independent knowledge of the site is limited to driving past it. Melissa Carino gave a presentation on the Willamette Greenway Development Permit (see attached PowerPoint Presentation). Public Testimony In Favor – None Neutral – None In opposition – None Staff / Melissa Carino: Responded to Commissioner Koivula’s question: The condition of improvement – best practices was included in the packet. Staff / Kristina Kraaz – confirmed that the permit citation can be found in the packet under Attachment 2 of the Applicant’s submittal on page 200. Regarding Commissioner Bergen’s question: The Applicant obtained a fill permit previously for everything up to the Greenway overlay area under the FEMA CLOMR (Conditional Letter of Map Revision) Floodplain permit. This application is the last part of the project under the CLOMR permit. Kelly Wood with Wildish, 3600 Wildish Lane, Eugene, OR 97408. She submitted comments including the renewal letter. The CLOMR Floodplan permit is valid until 2025. Responding to Commissioner Koivula’s questions: The depth of fill varies. It ranges from one foot to five or six feet. Wildish intends to slope the fill 3 to 1. Wildish monitors the fill material to assure that there are no contaminated elements. They especially monitor for vegetation or noxious weeds. Storm drain swales have been cut between the top of the bank and the 75 feet setback. There are no additional, temporary storm drains planned for this site. Commissioner Gill moved to continue the public hearing at the Planning Commission’s Regular meeting to be held at City Hall and via Zoom on August 16th, 2022, at 7:00 pm. Commissioner Bergen seconded the motion. Roll call vote. Bergen – Aye Gill – Aye Koivula – Aye Salazar – Aye 4:0:1 Absent / Motion carries. • Election of Planning Commission Chair. 3 Commissioner Bergen nominated Commissioner Salazar for Planning Commission Chair. Roll call vote: Bergen – Aye Gill – Aye Koivula – Yes Salazar – Abstain 3:0:1 Absent – 1 Abstention / Motion carries. • Election of Planning Commission Vice Chair. Commissioner Gill nominated Commissioner Bergen as Vice Chair. Roll call vote. Bergen – Abstain Gill – Aye Koivula – Yes Salazar – Aye 3:0:1 Absent – 1 Abstention / Motion carries. • Appointment for BPAC Committee Commissioner Bergen moved that Commissioner Koivula fill the vacant BPAC position until his term as Commissioner ends. Roll call vote: Bergen – Aye Gill – Aye Koivula – Yes Salazar – Aye 4:0:1 Absent / Motion carries. REPORT OF COUNCIL ACTION Commissioner Koivula: informed the Commission about the City Council meeting held on the 20th of June. City Council reported that the Art Update Project has added new murals. They also reported that the cities of Eugene/ Springfield were continuing the process of merging their two Fire Departments. The Council confirmed that they do not want to pursue an independent fire district which would necessitate a separate taxing authority. The third item discussed was the Main Street Facilities Plan. The Council intends on continuing listening sessions with the community, community stakeholders and business partners that provided comment about the Plan. The 20-year Facilities Plan with 9 round-a-bouts and raised medians was rejected by the City Council. There was also a discussion about community grants for the Egan Warming center to be housed at Ebbert Methodist Church, Habitat for Humanity as well as other entities. BUSINESS FROM THE PLANNING COMMISSION Staff/ Kristina Kraaz: responded to Commissioner Koivula’s question about the Climate and Equity Rules. Temporary rules were adopted in May 2022. The City is still in disagreement with the rules, which were modified and have become less palatable than before. If the rules are adopted as they stand now, it is 4 very likely that the City will file an appeal with the Oregon Court of Appeals. City of Springfield has heard from other Oregon cities that they intend to join in appealing the rules. BUSINESS FROM THE DEVELOPMENT AND PUBLIC WORKS DEPARTMENT Staff / Mark Rust: reported that Tom Boyatt, the DPW Community Development Director, is retiring at the end of July and the Development and Public Works department has hired a new staff member for code writing who will begin on August 1st. There are other planning positions open, which have been posted on the City website. They will be tasked with carrying out the State’s mandated work. ADJOURNMENT 8:11 PM sweaver 8/24/22 Request for a Willamette Greenway Development Permit Case 811-22-000106-TYP3 Planner: Melissa Cariño SUBJECT SITEFive Properties make up the Site: 1.5001 Franklin Boulevard (Tax Assessor’s Map 18-03-02- 20, Tax Lot 3200) 2.4857 Franklin Boulevard (Tax Assessor’s Map 18-03-02- 20, Tax Lot 3100) 3.4851 Franklin Boulevard (Tax Assessor’s Map 18-03-02- 20, Tax Lot 3000) 4.4747 Franklin Boulevard (Tax Assessor’s Map 18-03-02- 20, Tax Lot 2800) 5.Not yet municipally addressed (Tax Assessor’s Map 18-03-02- 20, Tax Lot 3300) Willamette River Figure 1 –Willamette Greenway Overlay District Figure 2 –Established Greenway Setback Figure 3 –Riparian Resource Area Figure 2 –Special Flood Hazard Area SITE MAP OF FILL PROJECT included as 2nd site map in submitted application packet Criteria for WG Overlay District in Glenwood SDC 3.4-280.L 1.Any development, change of use or intensification of use permitted in the base zone shall be oriented toward the river between the Willamette Greenway Setback Line and the Willamette Greenway outer boundary. EXCEPTION: Proposed water-dependent and water-related uses listed in Subsection 3.4-280D.2. shall be permitted within the Greenway Setback Line. 2.Between the Greenway Setback Line and the Willamette Greenway outer boundary, any development, change of use or intensification of use shall provide the maximum possible landscaped area/open space between the activity and the river. 3.Significant air, water, and land resources, including but not limited to, natural and scenic areas, views, vistas, and fish and wildlife habitats in and adjacent to the Greenway, shall be protected, preserved, restored, or enhanced to the maximum extent practicable. 4.The maintenance of public safety and protection of public and private property, especially from vandalism and trespass, shall be provided to the maximum extent practicable. 5.The natural vegetative fringe along the river shall be enhanced, protected and maintained in order to assure scenic quality and viewpoints, protection of wildlife, protection from erosion and screening of uses from the river. 6.Areas of annual flooding, floodplains and wetlands shall be preserved or restored in their natural state to the maximum extent practicable to protect water retetion, overflow and other natural functions specified in Section 3.3-400. 7.Recreational needs shall be satisfied as specified in the Glenwood Refinement Plan and/or this Plan District. 8.Adequate public access shall be provided to and along the river by appropriate legal means for all development as specified in the applicable base zone, overlay district, or this Plan District. 9.Areas of ecological, scientific, historical or archeological significance shall be protected, preserved, restored or enhanced to the maximum extent practicable. 10.Significant fish and wildlife habitats shall be protected to the maximum extent practicable. 11.Significant natural and scenic areas, viewpoints and vistas shall be protected to the maximum extent practicable. 12.Any necessary tree felling shall comply with Section 5.19-100 and shall occur in a manner that ensures the wildlife habitat and natural scenic qualities found in the Glenwood Riverfront portion of the WG Overlay District will be maintained and shall be restored by mitigation on-site. Only diseased trees or trees in danger of falling located between the ordinary low water line and the Greenway Setback Line may be removed with a certified arborist’s statement. However, snag retention shall be allowed. In the area between the Greenway Setback Line and the outer boundary of the Glenwood Riverfront portion of the WG Overlay District, tree felling may be permitted to the extent necessary to accommodate those permitted uses as specified in the applicable base zone, overlay district or this Plan District ADDITIONAL FINDINGS FOR SDC 3.4-280.L.4 These findings will be included in the 8/16 PC Meeting Staff Report. The maintenance of public safety and protection of public and private property, especially from vandalism and trespass, shall be provided to the maximum extent practicable. In last five years, there were 16 total calls for police services. ▪5 calls were in response to an alarm ▪2 calls for trespass ▪1 call for illegal dumping ▪Out of remaining 11 calls, 2 resulted in a filed cases: (1) Theft (2) Towing of a nuisance vehicle ▪No calls related to vandalism ▪No structures on the subject site CONDITIONS OF APPROVAL 1.The Willamette Greenway Development permit will be granted only if the applicant’s Site Plan Review application is also approved by the City using the approval criteria specified in SDC 5.17-125.The Site Plan application is Case #811-22-000124-TYP2. 2.The applicant must implement the Best Management Practices (BMPs)required in the DEQ Erosion and Sediment Control Plan (Schedule A of Permit 1200-C) for all fill activities that are subject to this WG Overlay Permit. SITE MAP OF FILL PROJECT included as 2nd site map in submitted application packet