CC Minutes - 11/14/05 Mtg - Laserfiche WebLink

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Councilor Papé asked if the amendment could prevent the subdivision of a small parcel. Natural Resources Planner Neil Björklund said that there may be certain circumstances where subdivision would be precluded, but he thought that would be unusual. One would have to have a combination of a large setback and a lot big enough to be partitioned. Without further analysis of examples, he was unable to provide a definitive answer; however, it was his sense that would be an unusual situation. Speaking to Councilor Papé’s question, Councilor Bettman said that one would still have the underlying provision allowing for adjustment if one could not avoid creating a lot with more than 33 percent in a conservation area. The amendment would apply only when one was platting a subdivision or planned unit development. The platter could not create lots intentionally to secure the adjustment. Councilor Papé asked if the adjustment was automatically granted or was a discretionary decision. Mr. Björklund indicated that one would have to apply for the adjustment through a Type II application. The motion passed, 4:3; councilors Papé, Solomon, and Pryor voting in opposition. Councilor Bettman, seconded by Councilor Taylor, moved to adopt Motion B, a motion that 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 construc- tion 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 wet- lands 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 of EC 9.4930(3)(i). Councilor Bettman said the proposed amendment would allow for up to a six-foot walkway in a setback area. She noted that staff supported the amendment as being consistent with the intent of the conservation area. Councilor Papé asked if the amendment allowed for bicycle paths. Mr. Björklund said that it was pointed out to staff that there were three planned bicycle paths running along waterways that had not been built yet. The standard width for such bicycle paths was 12 feet, so the amendment did represent a conflict with those bicycle paths. If the council wished to allow those paths to go forward, he recommended that staff develop some alternative language. Councilor Papé suggested that the amendment be changed to 12 feet. Councilor Bettman suggested that alternatively, the three bicycle paths be listed as exceptions that could be built to 12 feet. Councilor Bettman withdrew the motion for the time being with the concurrence of her second, Councilor Taylor. Councilor Kelly, seconded by Councilor Bettman, moved to adopt Motion C, a motion that would revise BC 9.8030(21)(b), (c) and (d) and add a new subsection (e). EC 9.8030(21)(b), (c) and (d) provide for adjustments to the conservation area if certain stan- dards are met. The new section (21)(e) would provide standards for demonstrating that en- hancement measures increase the functions and values of the conservation area. Section (21 )(b) provides for a setback reduction of up to 20 percent on setbacks of 40 feet or more, if certain standards are met. This amendment would require an applicant for this adjustment to demonstrate that the new enhancement standards under (21)(e) are met in order to reduce MINUTES—Eugene City Council November 14, 2005 Page 11 Regular Meeting