Item 3: Ordinance on Walnut Station Mixed-Use Center (2)

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Version A: Attachment C -- appeal of design review to be considered by Hearing Official. Section 18. The following heading and Sections 9.8110, 9.8111, 9.8112, 9.8113, 9.8114 of the Eugene Code, 1971, are added to provide: DESIGN REVIEW 9.8110 Design Review- Purpose. The design review process is intended to provide an alternative path for design proposals that respond to the intent of the code and creatively meet or exceed the specific development standards. 9.8111 Design Review - Applicability. EC 9.3980 allows an applicant within the S-WS Walnut Station Special Area Zone to seek approval through the Design Review process. These applications for review shall be considered under a Type II process, or concurrently with a related Type III application process. No development permit shall be issued by the city prior to completion of the design review. 9.8112 Design Review Application Requirements. In addition to the provisions in EC 9.7010 Application Filing, applications for Design Review shall be subject to the following requirements: (1) Unless waived by the planning director, the application shall be prepared by one or more of the following professionals: (a) Oregon licensed architect. (b) Oregon licensed civil engineer. (c) Oregon licensed landscape architect. (2) The application shall include a site plan that shows sufficient detail and supporting narrative information to demonstrate compliance with applicable criteria. Unless waived by the planning director, the site plan shall be prepared by an Oregon licensed architect, landscape architect, civil engineer or Oregon licensed surveyor. 9.8113 Design Review - Approval Criteria. The decision-maker shall determine whether the application is in compliance with the Design Review criteria set out in the code section that authorizes Design Review. 9.8114 Design Review Modification. Modification of an approved Design Review may be requested following the Type II process. The planning director shall approve the request 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 and the impact on surrounding properties. If the planning director determines that the modification is not consistent with the above criteria, the proposed modification may not occur until a new Design Review application is submitted and reviewed based on the Type II application procedures. Nothing in this section shall preclude the applicant from initially submitting the requested modification as a new Design Review application. Ordinance - Page 13 of 17