Item 7: Ordinances on Goal 5 Natrual Resources Study

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c ATTACHMENT C Planning & Development Planning MEMORANDUM City of Eugene 99 West 10th Avenue Eugene, Oregon 97401 (541) 682-5377 (541) 682-5572 FAX www.eugene-or.gov Date: November 7, 2005 To: Mayor Piercy and City Council From: Neil Bjorklund Senior Planner, 682-5507 Subject: Staff Comments on Proposed Motions Related to Adoption of Goal 5 Ordinance No. [1] In response to a request from Councilor Solomon, this memo provides staff comments on the motions that will be introduced by Councilors Kelly and Bettman at the November 14,2005 council meeting. In order to provide a convenient reference, the proposed motions are attached to this memo, with the understanding that one or more of the motions may not be introduced. This memo also introduces a staff recommended alternative motion to the two motions that address EC 9.8030(21)(a) and provides some examples as to the conditions under which this provision might apply. Motion Related to Land Division Standards Motion A (Councilor Bettman) Description: This motion would add a new standard to all provisions in the land use code that allow lots to be divided such that a lot could not be created that would automatically qualify for an adjustment under EC 9.8030(21)(a). This adjustment is the adjustment that requires that 33% of the lot be either within the /WR setback area, or the area that extends landward beyond the setback. Staff Commentary: Staff supports this amendment. This amendment would give clearer direction to staff processing land divisions that lots cannot be created to take advantage of the adjustment under EC 9.8030(21)(a). This is consistent with the original intent ofthe EC 9.8030(21)(a) and how it would be applied. Motion Related to EC 9.4930 and EC 9.4940 Motion B (Councilor Bettman) Description: This motion would amend two sections that address whether paved roads or pathways would be allowed within the conservation area. The amendment to EC 9.4930(3)(i) would prohibit construction of maintenance access roads within the conservation area, and would limit construction of paved pedestrian pathways to no more than 6 feet in width and only on streams or wetlands that have a setback of 40 feet or more. The amendment to EC 9.4940 would make that section consistent with the language and intent ofEC 9.4930(3)(i).