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

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Version B: Attachment D Presented for Public Hearing on 6/21/10 -- appeal of design review to be considered by Planning Commission. whether the application is in compliance with the Design Review criteria set out in the code section that authorizes Design Review. 9.8114Design 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. Section 20. Subsection (5) of Section 9.8680 of the Eugene Code, 1971, is added to provide: 9.8680Approval Criteria. The planning director shall approve, conditionally approve, or deny an application for Traffic Impact Analysis Review following a Type II process, or as part of a Type III process when in conjunction with a CUP or PUD. Approval or conditional approval shall be based on compliance with the following criteria: (5) In addition to the above criteria, if the development is located within the S-WS Walnut Station Special Area Zone, any increased traffic the development would generate on streets within the Fairmount neighborhood to the south of the Walnut Station Special Area Zone shall be mitigated through the use of traffic calming strategies or other mechanisms designed to discourage such traffic. Section 21. Subsection (4) of Section 9.8865 of the Eugene Code, 1971, is amended by adding a new subparagraph (o) and relettering the subsequent subparagraphs to provide: 9.8865Zone Change Approval Criteria. Approval of a zone change application, including the designation of an overlay zone, shall not be approved unless it meets all of the following criteria: (4) The proposed zone change is consistent with the applicable siting requirements set out for the specific zone in: (o) EC 9.3955 S-WS Walnut Station Special Area Zone Siting Requirements. (o) EC 9.4205 /EC East Campus Overlay Zone Siting Requirements. p (p) EC 9.4715 /WP Waterside Protection Overlay Zone Siting q Requirements. (q) EC 9.4776 /WQ Water Quality Overlay Zone Siting Requirements (only r for the purposes of adding the overlay zone. See EC 9.4786.). Ordinance - Page 14 of 18