Item 3: Action - Minor Land Use Code Amendments

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@ to provide: 9.8520 @ 9.8580 @ 09/27/05 (b) EC 9.6800 through EC [9.687Q19.6875 Standards for Streets, Alleys, and Other Public Ways; and Section 68. Subsection (3)(b) of Section 9.8520 of the Eugene Code, 1971, is amended Subdivision..Tentative Plan Approval CriteriaM Needed Housina. The planning director shall approve, conditionally approve, Of deny the subdivision application. Unless the applicant elects to use the general criteria contained in EC 9.8515 Subdivision. Tentative Plan Approval Criteria- General, where the applicant proposes needed housing, as defined by the State statutes, the planning director shall approve or approve with conditions a subdivision based on compliance with the following criteria: (3) The proposed subdivision complies with aU of the following: (b) EC 9.6800 through EC [9.6870} 9.6875 Standards for Streets, Alleys, and Other Public Ways. Section 69. A new Section 9.8580 is added to the Eugene Code, 1971, to provide: Modifications to Aeproved Subdivision Performance Aqreement. The applicant may apply for a modification of the approved subdivision performance agreement following the Type II process. The planning director shall approve the request only if it complies with the following criteria: (1) The proposed modification is consistent with the conditions of the original approval. (2) The proposed modification will result in insignificant changes in the physical appearance of the development, the use of the site, and impact on the surrounding properties. If the planning director determines that the proposed modification is not consistent with the above criteria, the proposed modification may not occur. Nothing in this section shall preclUde the applicant from initially submitting the requested modification as a new subdivision tentative plan application. Section 70. Section 9.8700 of the Eugene Code, 1971, is amended to provide: 9.8700 Purpose of Vacations. In order to ensure the orderly devefopment of land. public ways in the form of streets, roads, alleys, rights-of-way, pedestrian and/or bicycle easements and accessways, or utility easements are established, obtained, or reserved by the city. As land develops, and as land uses change over time, public ways may no longer be necessary for ensuring the orderly development of land. This land use code and state law provide procedures, requirements, and criteria for vacating public ways. The vacation process includes a review 9f the need for public ways and the manner in which to dispense with public ways. In addition, sections 9.8700 through 9.8725 ofthis land use code provide a process for the vacation of Ordinance - 39 C:\Documents and Settings\ceplsan\Local Settings\Temporary Internet Files\OLK4F\05 Ch 9 Misc. Minor Revisions (001 08082) 1D.DOC