Item 9: Ordinance Concerning Stormwater Development Standards

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of the program in Eugene given that there are few permit applications for multi- family residential, commercial or industrial developments that fall within the less-than-3,000 square foot category, and slightly fewer that would fall within the less-than-2,500 square foot category. With the proposed threshold of 3,000 square feet, staff is comfortable that it can assure there will be adequate resources for permitting, maintenance, inspections, and enforcement, while still maintaining broad coverage of the new standards. 2.Too much development is exempted from the proposed standards Staff Response: Councilor Bettman and public testimony indicated that exempting infill development ( “minor partitions”), of the type that is e.g. occurring in the River Road area for example, is allowing too much new impervious surface area to go unaddressed by the proposed standards. Staff agrees that the program could be more effective if minor partitions were required to address the proposed standards, and recommends that the ordinance be amended to include minor partitions in the types of development required to meet the proposed standards. Option 2 in the Council AIS addresses this proposed change. 3.Can the Stormwater Development Standards Ordinance be amended to apply to a subdivision that implements an approved PUD? Staff Response: Councilor Kelly asked staff whether the ordinance could be amended so that the adopted Stormwater Development Standards would apply to a subdivision application submitted after the effective date of the ordinance that implements a PUD that was approved prior to the effective date of the ordinance. For the reasons discussed below, the ordinance does not need to be changed in order for the Stormwater Development Standards to apply to a subdivision application that implements an approved PUD, even if the PUD was approved prior to adoption of the ordinance. Under the Eugene Code, developing a site as a PUD requires the developer to first get City approval of a PUD plan and then get City approval of, at least, one subdivision plan to implement the approved PUD plan. Under existing code provisions, a subdivision application that implements an approved PUD must satisfy all of the Citys subdivision criteria, except to the extent that compliance = with a particular criterion would cause the subdivision plan to be inconsistent with the approved PUD. EC 9.8515(12). In the case of such an inconsistency, See the City “shall require compliance with that subdivision criterion only to the extent that it can do so without creating an inconsistency.” The proposed ordinance does not change those existing code provisions.