Item 9: Ordinance Concerning Stormwater Development Standards

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The proposed ordinance does amend EC 9.8515 and 9.8520 (Subdivision, Tentative Plan Approval Criteria - General and Subdivision, Tentative Plan Approval Criteria - Needed Housing) to require that subdivision applications comply with the new Stormwater Development Standards. Ordinance See Sections 15 and 16. Therefore, unless compliance with the Stormwater Development Standards will cause the subdivision plan to be inconsistent with the approved PUD, once the stormwater standards are in effect, a subdivision that implements a PUD will have to comply with the new standards, regardless of when the PUD was approved. If compliance with the stormwater standards does cause an inconsistency, the subdivision developer will be relieved of the standards only to the extent necessary to eliminate the inconsistency. 4.Clarify the relationship between the Stormwater Development Standards and the Stormwater Basin Plans. Postpone adoption of the proposed standards until after completion of the River Road – Santa Clara Basin Plan. Staff Response: Council requested clarification of the relationship between the Stormwater Basin Plans, and the River Road – Santa Clara Basin Plan in particular. A number of citizens that testified at the public hearing urged the Council to delay adoption of the Stormwater Development Standards until after the River Road – Santa Clara Basin Plan is completed. Updated Stormwater Basin Plans were completed in August 2002 for six of Eugene’s seven stormwater basins: Amazon, Willow Creek, Bethel-Danebo, Willakenzie, Willamette River, and Laurel Hill (see Attachment C for basin locations and approximate boundaries). Also in August 2002, an initial study towards the development of a basin plan had been drafted, but not completed, for the River Road – Santa Clara basin, pending collaboration with Lane County on addressing inter-jurisdictional issues and the need for additional stormwater system information in that area. Enabled by a 2004 City-Lane County Stormwater IGA, work is underway to complete the River Road – Santa Clara Basin Plan by December 2006. The Stormwater Basin Plans 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. The proposed Stormwater Development Standards ordinance and the River Road - Santa Clara Stormwater Basin Plan are complimentary but independent of