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. (1) As part of an application to develop the lands formerly owned by the Department of Transportation (south of Franklin Boulevard, east of Walnut Street and north of 15th Avenue), the developer shall demonstrate that consideration was given to realigning the 15th Avenue bicycle path in the vicinity of those lands and making it more attractive. (Note: If the bicycle path is realigned, the City shall require an easement for the path to ensure its permanence in the future.) (2) As part of an application to develop a property south of Franklin Boulevard or a property in the block on the north side of Franklin Boulevard between Moss Street, Villard Street, and Garden Avenue within the Walnut Station Specific Area Plan, applicants are encouraged to include access for pedestrians, bicycles and limited vehicular access consistent with the Transportation Features map shown as Figure 9.3978(3)(b) in the Walnut Station Special Area Zone. Section 24 . The legal description set forth at Exhibit H is hereby adopted as the description of the special setback lines that shall be applied to the segment of Franklin Boulevard shown on Map 9.3970(3)(d) S-WS Walnut Special Area Zone Franklin Boulevard Special Setback Boundaries. Section 25. The Legislative Findings set forth in Exhibit I attached to this Ordinance serve as support for this ordinance. Section 26. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. Section 27. The City Recorder, at the request of, or with the consent of the City Attorney, is authorized to administratively correct any reference errors contained herein, or in other provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein. Passed by the City Council this Approved by the Mayor this ___ day of _______________, 2010 ____ day of _______________, 2010 Ordinance - Page 17 of 18