Item 4: PH - Ordinance on Stormwater Development Standards

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such as public streets, parks, and other public facilities. In considering whether to grant a modification to the density requirements, the hearings official shall evaluate the following factors: 1. The availability of the development site for residential use on August 1, 2001. The term “availability” in this section shall include consideration of whether the site was already developed with non-residential uses or had other site constraints impacting its suitability for residential use. 2. The necessity of the development site to be developed with residential uses to be able to achieve the minimum residential density for the area designated on the Metro Plan Land Use Diagram for either medium- or high-density residential use. 3. Adopted plan policies indicate the suitability and appropriateness of the site for non-residential use. An approved adjustment to a standard pursuant to the provisions beginning at EC 9.8015 of this land use code constitutes compliance with the standard. Additional criteria may also be required based on the applicability of other sections of this land use code. Section 8 . Subsection (4) of Section 9.8100 of the Eugene Code, 1971 is amended as follows: 9.8100 Conditional Use Permit Approval Criteria- Needed Housing. The hearings official shall approve, conditionally approve, or deny the conditional use permit application. Unless the applicant elects to use the general criteria contained in EC 9.8090 Conditional Use Permit Approval Criteria - General, where the applicant proposes needed housing, as defined by the State statutes, the hearings official shall approve or approve with conditions a conditional use based on compliance with the following criteria: (4) The proposal complies with all applicable standards, including, but not limited to: (a) EC 9.6706 Development in Flood Plains through EC 9.6709 Special Flood Hazard Areas - Standards. (b) EC 9.6710(6) Geological and Geotechnical Analysis. (c) EC 9.6730 Pedestrian Circulation On-Site. (d) EC 9.6735 Public Access Required. (e) EC 9.6750 Special Setback Standards. (f) EC 9.6775 Underground Utilities. (g) EC 9.6780 Vision Clearance Area. (h) EC 9.6791 through 9.6796 regarding stormwater destination, Ordinance - 19 L:\CMO\2006 Council Agendas\M060410\S0604104-attA.doc 4/3/06 - Ordinance includes changes made pursuant to the 1/9/06, 1/10/06 and 2/13/06 PC meetings and the 3/13/06 City Council Work Session.