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May 7, 2019 Clear & Objective Update – Draft Land Use Code Language Page 22 of 32 <br />(21)The proposed partition complies with all of the following: <br />(a)[Lot standards of]EC 9.2000 through [9.3980] 9.4170 regarding applicable <br />parcel dimensions and density requirements for the subject zone and <br />overlay zone. Within the /WR Water Resources Conservation Overlay Zone or <br />/WQ Water Quality Overlay Zone, no new lot may be created if more than 33% <br />of the lot, as created, would be occupied by either: <br />* * * <br />(k)[EC 9.6880 through EC 9.6885 Tree Preservation and Removal Standards.] <br />*Renumber remaining subsection* <br />*Renumber remaining subsections* <br />The change to subsection (a) is related to COM-04 (Overlay Zone Standards) as it would extend the range of the <br />referenced code sections to include all overlay zones. <br />The change to subsection (k) is related to COS-10 (Partition Tree Preservation) and proposes removal of the <br />criterion. <br />[(4) Partitions abutting collector and arterial streets comply with access management <br />guidelines of the agency having jurisdiction over the street.]*Renumber remaining <br />subsections* <br />This removal of subsection (4) is related to COM-07 (Access Management Requirement) and would eliminate <br />the criterion (this criterion is redundant and unnessessary as other jurisdictional agencies already have authority <br />to require compliance with their guidelines). <br />(53)If the provisions of EC 9.8220(2) require a public street, or if the applicant proposes <br />the creation of a public street, the following criteria also apply: <br />* * * <br />[(c) The street layout of the proposed partition shall disperse motor vehicle traffic <br />onto more than one public local street when the sum of proposed partition <br />parcels and the existing lots utilizing a local street as the single means of <br />ingress and egress exceeds 19.] <br />(4) The applicant has submitted a letter from the Eugene/Springfield Fire <br />Marshal's office stating that the proposed partition complies with the <br />applicable Eugene Fire Code (2014) requirements regarding fire apparatus <br />access roads and fire protection water supply, or will comply subject to <br />conditions of approval that are specified in the letter. <br />The changes above are related to COS-14 (19 Lot Rule—Motor Vehicle Dispersal) and COS-08 (Emergency <br />Response. The proposed replacement of subsection (c), with the new criterion at subsection (4) that would <br />require a letter from the Fire Marshal’s office, is necessary as the Land Use Board of Appeals determined that <br />subsection (c) is not clear and objective. <br />9.8310 Tentative Planned Unit Development General Application Requirements. <br />(5)[Needed] Housing. If the proposal includes [needed housing, as defined by State <br />statutes] housing, the written statement submitted with the PUD application shall <br />clearly state whether the applicant is proceeding under: (a)[electing to use] the <br />[general] approval criteria in EC 9.8320 Tentative Planned Unit Development <br />Approval Criteria- General/Discretionary; or (b) [instead of] the approval criteriaMay 20, 2019, Work Session – Item 2