Item 9: Ordinance Concerning Stormwater Development Standards

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Basin Plan and the proposed stormwater development standards ordinance is provided as Attachment C. Copies of all written testimony submitted prior to the close of the record are provided in Attachment D. Proposed Ordinance Revision Based Upon Comments Received Staff proposes one change to the ordinance based upon City Council and public comment that exempting infill development (e.g. “minor partitions”) would allow too much new impervious surface area to go unaddressed by the proposed standards. Staff agrees that the program would be more effective if minor partitions are required to address the proposed standards, and recommends that the ordinance be amended to include all partitions in the types of development required to meet the proposed standards. This change is represented as “Option 2” in this AIS and affects the applicability section for pollution reduction (EC 9.6792(2)(a)3) and the applicability section for headwater flow controls (EC 9.6793(2)(a)3). Instead of stating that the ordinance would apply to “A partition – tentative plan that includes the creation or construction of a street,” the amended ordinance would state “A partition – a tentative plan,” which, in effect, incorporates all partitions. RELATED CITY POLICIES The proposed code amendments are intended to implement stormwater development standards as a component of the City’s Stormwater Program initiated with the adoption of the Comprehensive Stormwater Management Plan (CSWMP) and as required through the Department of Environmental Quality (DEQ)’s issuance of the City’s National Pollution Discharge Elimination System (NPDES) Permit. COUNCIL OPTIONS The council may: 1.Adopt the Stormwater Ordinance as written. 2.Amend the Stormwater Ordinance to include all partitions (i.e. eliminate applicability to partitions only with streets). 3.Direct staff on additional amendments of the Stormwater Ordinance. CITY MANAGER’S RECOMMENDATION The City Manager recommends Option #2: Amend the proposed ordinance to include all partitions and adopt the proposed ordinance as amended. SUGGESTED MOTION(s) Move to amend the proposed ordinance 9.6792 (2) (a) 3 to read “A partition – tentative plan (EC 9.8215 or 9.8220)” and 9.6793 (2) (a) 3 to read “A partition – tentative plan (EC 9.8215 or 9.8220).” Move to adopt an ordinance concerning stormwater provisions; amending sections 9.0500, 9.6420, 9.8030, 9.8055, 9.8090, 9.8100, 9.8215, 9.8220, 9.8320, 9.8325, 9.8440, 9.8445, 9.8515, and 9.8520 of the Eugene Code, 1971; repealing Section 9.6520 of that code; adding sections 9.6790, 9.6791, 9.6792, 9.6793, 9.6794, 9.6795, 9.6796, and 9.6797 to that code; and providing an effective date. L:\CMO\2006 Council Agendas\M060612\S0606129.doc