HomeMy WebLinkAboutItem B: Minor Code Amendments
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Work Session: Minor Code Amendments - An Ordinance Concerning Land Use
Regulations; Amending Sections 9.0020, 9.0500, 9.2160, 9.2450, 9.2630, 9.2683, 9.2740,
9.2741, 9.2751, 9.2760, 9.2761, 9.2775, 9.3310, 9.3810, 9.3910, 9.5500, 9.6410, 9.6790
9.6791, 9.7010, 9.7055, 9.7105, 9.7205, 9.7230, 9.8320, 9.8430, 9.8555, and 4.330 of the
Eugene Code, 1971; Adding a New Section 9.7007 to that Code; and Providing an
Effective Date
Meeting Date: June 4, 2008 Agenda Item Number: B
Department: Planning and Development Staff Contact: Alissa Hansen
www.eugene-or.gov Contact Telephone Number: 541/682-5508
ISSUE STATEMENT
On June 16, 2008, the City Council will hold a public hearing on an ordinance addressing potential
minor land use code amendments to Eugene Code Chapter 9. This work session is intended to provide
the council with the background on this matter prior to the public hearing.
BACKGROUND
The minor code amendment project is intended to primarily address code amendments raised by
community members. As a result of extensive public outreach over the past year, over 200 amendments
were suggested for inclusion. In August 2007, the Planning Commission met to determine which of
these suggested amendments would receive further consideration in the minor code amendment process
and selected 20 potential amendments to be further evaluated. Nearly all of the amendments selected by
the Planning Commission were rated as high priorities by various community members. These 20
potential amendments were previously brought to the City Council at a work session in October 2007.
Following the Planning Commission’s selection of 20 potential amendments, “white papers” were
created by the project team to frame specific options for each code amendment. The project team
coordinated closely with various community members and neighborhood representatives on the more
complex issues to craft or refine conceptual alternatives and code language for inclusion in the white
papers. The proposed amendments on these topics reflect these jointly crafted alternatives and code
language developed through this collaborative process.
Subsequent to the Planning Commission’s selection of 20 potential amendments for further evaluation,
the City Council added four additional topics to pursue. These include adding the Growth Management
Polices to the purpose section, which was added during a work session on the Planning Division Work
Program; and creating building height transitions between R-1 Low Density Residential and R-3/R-4
Limited High Density and High Density Residential zones; addressing parking requirements for multi-
family developments with more than three bedrooms; and adding a definition for “residential character”
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which were added during a work session on the topic of neighborhood infill and a proposal for a private
th
development at 19 and Alder Streets.
The Planning Commission held public meetings earlier this spring to review and discuss the white
papers, receive public comment, and determine which minor land use code amendments, and in what
form, to move forward to the formal amendment process. As a result of these two public meetings, 18
proposed amendments were selected to move forward to the formal code amendment process.
The Planning Commission is currently in the process of reviewing the proposed ordinance. A public
hearing was held on May 21, 2008 and the Planning Commission is scheduled to make their
recommendation to the council on June 2, 2008.
A summary of the 18 proposed amendments identifying the topic, the affected code sections, and the
purpose or intended effect of the amendment, is attached to familiarize the council with the proposals.
In addition, a draft ordinance is attached which provides the specific revised code language for each
amendment in legislative format. All material received through the close of the Planning Commission
record will be provided in the council’s agenda packet for the public hearing on June 16, 2008.
The amendments under consideration in the proposed ordinance are listed topically below:
Development Standards
1. Allowances for Dogs/Definition of Kennel
2. Fence Heights for Corner/Double Frontage Lots in Residential Zones
3. Residential Density Calculations
4. Building Height Measurement in Residential Zones
5. Building Height Transitions within South University Neighborhood Association
6. Multi-Family Development/Open Space Credit for Nearby Parks
7.Required Parking for Multi-Family Developments in West University and South University
Neighborhood Associations
8.Stormwater Destination: Encourage On-Site Infiltration as a Preferred Approach and Restrict
Fill and Disturbance of Drainage Ways
Lot Configuration
9. Flag Lots Definition and Development Standards
10. Lot Width/Lot Frontage Standards in Residential Zones
11. Add Definition of Alley Access Only Lot/Parcel and Clarify Existing Prohibition
12. Exclude Area within Private Streets from Residential Lot Areas
13. Duplex and Triplex Lots on Subdivision Plats
Land Use Application Process
14. Provide for Early Neighbor and Neighborhood Input into Development Process
15. Final Subdivision and Partition Plats to follow Type I Process
16.Eliminate Site Review Requirements for Projects that have an Approved Planned Unit
Development
Policy Direction
17. Add Definition of Residential Character
18. Add Growth Management Policies to Purpose Section of Chapter 9
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This work session is intended to answer City Council questions or provide clarification on the proposed
minor code amendments process and recommendations from the Planning Commission. It is anticipated
that substantive discussion of the merits of the proposed amendments would follow the council’s public
hearing on June 16, 2008.
RELATED CITY POLICIES
The City Council has included minor code amendments as a priority item on the Planning Division
Work Program. This proposal is the second of two phases in staff’s effort to complete this task.
COUNCIL OPTIONS
No formal action is required, however options will be provided as part of the formal code amendment
deliberations on the draft ordinance, following the public hearing by the City Council on June 16, 2008.
CITY MANAGER’S RECOMMENDATION
No action is required on this item. Therefore, no recommendations are offered by the City Manager at
this time. A recommendation will be provided as part of the formal code amendment deliberations on
the draft ordinance, following the public hearing by the City Council.
SUGGESTED MOTION
No action is required on this item. Therefore, no motions are offered by the City Manager at this time.
A suggested motion will be provided at the time of formal deliberations on the draft ordinance.
ATTACHMENTS
A. Summary of Proposed Minor Code Amendments
B. Draft Ordinance
FOR MORE INFORMATION
Staff Contact: Alissa Hansen
Telephone: 541/682-5508
Staff E-Mail: alissa.h.hansen@ci.eugene.or.us
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ATTACHMENT A
Summary of Proposed Minor Code Amendments
Code
Topic Description
Sections
1. Allowances for Dogs in The Eugene Code currently considers the keeping of three or 9.0500
Residential & Commercial more dogs to constitute a kennel. Kennels are not allowed in 9.2741(2)(a)
Zones/Definition of Kennel residential or commercial zones, essentially limiting pet owners 4.330
in these zones to no more than two adult dogs. This
amendment would change the definition of “kennel” and the
definition of “noncommercial dog kennel” to keeping four or
more dogs on the premises, thereby allowing up to three dogs
on residential and commercial properties. In addition, this
amendment would limit the maximum number of dogs to
three per the lot containing a main dwelling and the secondary
dwelling unit to limit impacts on adjacent neighbors.
2. Fence Heights for The Eugene Code treats all private property abutting a street 9.2751(13)(b)
Corner/Double Frontage Lots in as a front yard setback. In residential zones, for corner lots
Residential Zones and other lots with more than one street frontage, fence
heights are limited 42-inch (3 ½ feet) within the 10 foot front
yard setback along both street facing frontages. This
amendment would add an exception to allow fences up to 6-
feet tall within one of the two front yard setbacks of a
residential corner lot or double-frontage lot. For corner lots,
the fence up to 6-feet tall on the one side is limited to an area
that encloses the rear yard.
3. Residential Density Calculations For calculating maximum net density in the residential zones, 9.2751(1)(c)
the Eugene Code provides an allowance to round up to the
next whole number. For instance, for a 5,000 square foot lot
in the R-2 Medium Density Residential zone, the maximum
net density calculates to 3.2 dwelling units (based on the
maximum net density of 28 dwelling units per acre allowed per
code). Under the current provisions, the maximum density is
rounded up to allow for 4 units (which equates to a density of
34.8 dwelling units per acre).
This amendment to the residential zone development
standards would retain the round up provision for lots or
development sites 13,500 square feet or greater in area.
However, for lots or development sites less than 13,500 square
feet in area, maximum density would be rounded up to the
next whole number for fractions of .75 or above and rounded
down for fractions below .75.
4. Building Height Measurement in The height of buildings in residential zones is currently 9.0500
Residential Zones measured at the mid-point of the eaves, so as to not to 9.2751(3)(b)
discourage or penalize those building designs with steeper
pitched roofs, which are often associated with traditional styles
(e.g., tudor). However, this form of measurement has caused
concern in that it does not represent the peak of the roof. The
intent of this amendment is not to lower building heights, but
rather to measure heights in a different manner.
This amendment to the definition of building height would
require that building height be measured from the highest
point of the roof for buildings in residential zones. Maximum
building height standards would remain the same (30 feet in R-
1, 35 feet for R-1.5 and R-2, 50 feet in R-3 and 120 feet in R-
4). Because of the differences in measurements between the
average height and the highest point, this amendment allows
for an increase in height for steeper pitched roofs, thereby not
significantly reducing actual building heights currently allowed
in the residential zones. This amendment would retain the
current method of measuring building height at the mid-point
in all other zones (such as commercial and industrial).
5. Building Height Transitions This amendment was proposed by City Council as a means to 9.2751(3)(c)
within South University address concerns of allowable building heights in R-3 Limited
Neighborhood Association High Density and R-4 High Density Residential zones that are
proximal to R-1 Low Density Residential zones, and to reflect
a height transition with the R-1 Low Density Residential
zoned areas. Current maximum allowable building heights are
30 feet in R-1, 50 feet in R-3 and 120 feet in R-4.
This amendment would only apply to the R-3 and R-4 zoned
land just south of the University of Oregon, within the area
bound by Hilyard Street to the west, Agate Street to the east,
E. 18th Avenue to the north and E. 20th Avenue to the south.
Building heights in the R-3 and R-4 zones would be restricted
to 35 feet for any portion of the building located within 50 feet
from the abutting boundary of, or directly across an alley
from, land zoned R-1, and building heights in the R-4 zone
would be restricted to 50 feet for any portion of a building
located within 175 feet of land zoned R-3, and to 75 feet for
any portion of a building greater than 175 feet and up to225
feet from land zoned R-3.
6. Multi-Family Development/Open The multi-family development standards prescribe minimum 9.5500(9)(c)
Space Credit for Nearby Parks open space requirements for developments and include a
credit for developments that are located within one-quarter
mile of a public park. Currently this distance is measured from
the development site directly to the park in a straight line.
This amendment would clarify that this distance is measured
along the route of the shortest established public way or
private street, which are terms defined in the code.
7. Required Parking for Multi-This amendment was proposed by City Council as a means to Table 9.6410
Family Developments in West address concerns of excessive demand for on-street parking by
University and South University multi-family development in R-3 and R-4 zones with a
Neighborhood Associations substantial number of dwelling units that have three or more
bedrooms. A similar amendment was suggested by
community members.
This amendment would increase the required parking ratio for
multi-family developments in the R-3 Limited High Density
Residential and R-4 High Density Residential zones that are
south and west of the University of Oregon, and within the
boundaries of the West University Neighbors and the South
University Neighborhood Association. The new standard
Summary of Proposed Minor Code Amendments 2
would require a minimum of one parking space for the first
bedroom and an additional .5 parking spaces per each
additional bedroom. Fractions would be rounded up to the
next whole number. Currently, one space is required for each
dwelling unit or apartment, regardless of the number of
bedrooms.
8. Stormwater Destination: The stormwater provisions of the Eugene Code do not require 9.6790
Encourage On-Site Infiltration as a or encourage selection of a particular stormwater destination, 9.6791
Preferred Approach and Restrict Fill instead allowing a developer to choose any existing destination
and Disturbance of Drainage Ways that has the capacity. This amendment would indicate that on-
site infiltration is the preferred stormwater destination for
development in the River Road-Santa Clara Basin. This
amendment would also add a provision to the land use code to
restrict fill of drainage ways under the same conditions as
listed in the Stormwater Management Manual.
9. Flag Lots Definition and This amendment would strengthen and clarify the existing the 9.0500
Development Standards definition of a “flag lot.” Additionally, the amendment would 9.2761(4)
clarify that the existing R-1 Low Density Residential flag lot 9.2775
standards also apply to new flag lots in the R-2, R-3 and R-4
zones. Currently the code is unclear on flag lot standards for
the R-2, R-3 and R-4 zones. The flag lot standards include
requirements for minimum driveway paving widths and
materials, building setbacks, use restrictions and land division
regulations.
10. Lot Width and Lot Frontage This amendment would revert the lot width and lot frontage 9.2760
Standards minimums for lots in the R-2 Medium Density Residential, R-9.2761(9)
3 Limited High Density Residential and R-4 High Density Table 9.2760
Residential zones (currently 20 feet) to those in effect prior to
the land use code update of 2001 (35 feet). Lesser widths
would be allowed, down to 20 feet, subject to an approved site
review plan, planned unit development, or cluster subdivision.
Also, unless otherwise approved through a planned unit
development or cluster subdivision, at no point, for the entire
extent of the lot, shall the side lot lines be less than 20 feet
apart.
11. Add Definition of Alley Access This amendment adds a definition or “alley access only 9.0500
Only Lot/Parcel and Clarify lot/parcel” to define a lot without street access, clarifies that 9.2761(10)
Existing Prohibition the creation of alley access only lots/parcels is prohibited in 9.5500(11)(c)
residential zones unless approved through a cluster
subdivision in the R-1 zone or a planned unit development in
any residential zone, and amends the multiple-family standards
to allow development sites to take direct access to a street, if
the abutting alley is less than the minimum width required (20
feet) to serve as primary access. The intent of this amendment
is to strengthen and clarify the City Council’s previous
direction to prohibit alley access lots/parcels.
12. Exclude Area within Private This amendment would clarify that the portion of a lot that 9.2751(1)(c)
Streets from Residential Lot Areas includes private or public streets is not included in the lot area 9.2761(1)
calculations in residential partitions or subdivisions, and clarify
that when calculating density, the area within public and
private streets is excluded.
Summary of Proposed Minor Code Amendments 3
13. Duplex and Triplex Lots on R-1 The Eugene Code allows a limited percentage of duplex and Table 9.2760
Subdivision Plats triplex lots to be incorporated in subdivisions in the R-1 Low 9.2741(4)
Density Residential zone. These lots must be designated as
duplex and triplex lots on final subdivision plats and are
required to be developed accordingly. This amendment
clarifies that duplex and triplex lots can only be created in
subdivision plats, not partitions, and clarifies that the
designation entitles an owner to develop as duplex or triplex
rather than mandates it. (i.e. a single family residence is
possible).
14. Provide for Early Neighbor and This amendment would provide affected neighborhood 9.7007
Neighborhood Input into associations and neighbors an opportunity for early input on 9.7010
Development Process significant development proposals, allowing neighbors to raise
concerns and issues early in the design process, as opposed to
after an application has been submitted.
This amendment would require applicants to host a meeting
for surrounding property owners and residents and
neighborhood association, prior to the submittal of a
significant development proposal (tentative subdivisions and
cluster subdivisions over 10 lots or those which include public
street improvements, conditional use permits, tentative
planned unit developments, refinement plan amendments and
metro plan amendments). The purpose of this meeting is to
provide a means for the applicant and neighbors to meet to
review a development proposal and to share information and
concerns regarding the project.
The applicant would be required to host the meeting prior to
submitting a land use application, and would be required to
submit documentation verifying that proper notice of the
meeting was mailed and posted, who attended the meeting and
the topics discussed.
This amendment is in alignment with the City Council’s
Neighborhood Empowerment Initiative. Specifically, Action
Item #11 of the Neighborhood Initiative Action Plan is to
“shift involvement of neighborhood associations to be earlier
in the land use process.”
15. Final Subdivision and Partition Currently, final subdivision and partition plats are processed Table 9.7055
Plats to follow Type I Process according to the Type II application procedures in response to Table 9.7105
previous case law. This amendment would require final Table 9.7205
subdivision and partition plats to follow the Type I Table 9.7230
Application Procedures, consistent with changes made to state 9.8555
law in 2004.
16. Eliminate Site Review Eugene Code requires site review approval for certain uses or 9.2160
Requirements for Projects with for projects on sites with the /SR Site Review overlay zone. 9.2450
Approved Planned Unit When a planned unit development is also required by the 9.2630
Development code, or proposed by an applicant, an applicant is required to 9.2683
submit both site review and planned unit development 9.2740
applications. Given that a planned unit development involves 9.3310
a more comprehensive review than a site review, this 9.3810
amendment would eliminate the redundant requirement for an 9.3910
approved site review for projects that have an approved 9.8320(16)
Summary of Proposed Minor Code Amendments 4
planned unit development. 9.8430
17. Add Definition of Residential This amendment to add a definition of “residential character” 9.0500
Character was proposed by City Council as a means to mitigate impacts
from incompatible infill. This new definition would only be
invoked during a land use application process where the
applicable approval criteria require consistency with adopted
plan policies and where these policies contain the term
“residential character.”
18. Add Growth Management The City Council directed that the Growth Management 9.0200
Policies to the Purpose Section of Policies be incorporated into the purpose section of Chapter 9
Chapter 9 to serve as policy direction. Based on City Council direction
as well as the adopting resolution (Resolution No. 4554), these
policies shall not be used in determining whether the City shall
approve or deny individual land use applications.
Summary of Proposed Minor Code Amendments 5
ATTACHMENT B
ORDINANCE NO. ___________
AN ORDINANCE CONCERNING LAND USE REGULATIONS;
AMENDING SECTIONS 9.0020, 9.0500, 9.2160, 9.2450, 9.2630, 9.2683,
9.2740, 9.2741, 9.2751, 9.2760, 9.2761, 9.2775, 9.3310, 9.3810, 9.3910,
9.5500, 9.6410, 9.6790 9.6791, 9.7010, 9.7055, 9.7105, 9.7205, 9.7230,
9.8320, 9.8430, 9.8555, AND 4.330 OF THE EUGENE CODE, 1971;
ADDING A NEW SECTION 9.7007 TO THAT CODE; AND PROVIDING
AN EFFECTIVE DATE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
Section 9.0020 of the Eugene Code, 1971, is amended to provide as
follows:
9.0020 Purpose.
The purpose of the land use code is to protect and promote the health,
safety, and general welfare of the public and to preserve and enhance the
economic, social, and environmental qualities of the community.
(1)The land use code is intended to effectively and efficiently implement
applicable state and federal laws, the Metro Plan, and the following
policies from the Growth Management Study:
(a) Support the existing Eugene Urban Growth Boundary by taking
actions to increase density and use existing vacant land and
under-used land within the boundary more efficiently. (Policy 1)
(b) Encourage in-fill, mixed-use, redevelopment, and higher density
development. (Policy 2)
(c) Encourage a mix of businesses and residential uses downtown
using incentives and zoning. (Policy 3)
(d) Improve the appearance of buildings and landscapes. (Policy 4)
(e) Work cooperatively with Metro area partners (Springfield and Lane
County) and other nearby cities to avoid urban sprawl and
preserve the rural character in areas outside the urban growth
boundaries. (Policy 5)
(f) Increase density of new housing development while maintaining
the character and livability of individual neighborhoods. (Policy 6)
(g) Provide for a greater variety of housing types. (Policy 7)
(h) Promote construction of affordable housing. (Policy 8)
(i) Mitigate the impacts of new and/or higher density housing, in-fill,
and redevelopment on neighborhoods through design standards,
open space and housing maintenance programs, and continuing
historic preservation and neighborhood planning programs.
(Policy 9)
(j) Encourage the creation of transportation-efficient land use
patterns and implementation of nodal development concepts.
(Policy 10)
(k) Increase the use of alternative modes of transportation by
improving the capacity, design, safety, and convenience of the
transit, bicycle, and pedestrian transportation systems. (Policy 11)
(l) Encourage alternatives to the use of single-occupant vehicles
through demand management techniques. (Policy 12)
(m) Focus future street improvements on relieving pressure on the
city’s most congested roadways and intersections to maintain an
acceptable level of mobility for all modes of transportation. (Policy
13)
(n) Development shall be required to pay the full cost of extending
infrastructure and services, except that the city will examine ways
to subsidize the costs of providing infrastructure or offer other
incentives that support higher-density, in-fill, mixed uses, and
nodal development. (Policy 14)
(o) Target publicly-financed infrastructure extensions to support
development for higher densities, in-fill, mixed uses, and nodal
development. (Policy 15)
(p) Focus efforts to diversify the local economy and provide family-
wage jobs principally by supporting local, and environmentally-
sensitive businesses. Direct available financial and regulatory
incentives to support these efforts. (Policy 16)
(q) Protect and improve air and water quality and protect natural areas
of good habitat value through a variety of means such as better
enforcement of existing regulations, new or revised regulations, or
other practices. (Policy 17)
(r) Increase the amount and variety of parks and open spaces. (Policy
18)
(s) Expand city efforts to achieve community-based policing. (Policy
19)
These policies shall serve as guidance as the city considers proposed
changes to this land use code.
(2)The land use code is designed to help:
(1)
a Attain community goals and policies.
(2)
bAllow amendments to local plans and regulatory measures to address
changes in circumstances and public values.
(3)
c Ensure an appropriate mix of land uses that provide the economic and
social advantages which result from an orderly, planned use of land.
(4)
d Provide adequate public facilities and services; allow for adequate light,
air, and open space; and protect from fire, flood, and other risks and
dangers.
(5)
e Preserve and restore significant historic resources and increase public
awareness of the community’s historic and cultural heritage.
(6)
f Preserve and enhance environmental resources, the natural scenic
beauty of the area, and aesthetic qualities of the community.
Section 2.
Section 9.0500 of the Eugene Code, 1971, is amended by adding new
definitions of “Alley Access Only Lot/Parcel” and ”Residential Character” in alphabetical
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order therein, and amending the definitions of “Building Height,” “Flag Lots,” and
“Kennel,” to provide as follows:
9.0500 Definitions
. As used in this land use code, unless the context requires otherwise,
the following words and phrases mean:
Alley Access Only Lot/Parcel. A lot or parcel whose only legal and
practicable vehicle access to the portion of the lot on which the dwelling(s) or
other main building(s) will be located is from the alley.
Building Height
. The vertical distance above a reference datum measured to the
highest point of the coping of a flat roof, to the deck line of a mansard roof, or to the
average height of the gables of a pitched or hipped roof. For the purposes of
residential zones, building height shall be the vertical distance above a
reference datum measured to the highest point of the roof. The maximum
height of a stepped or terraced building is the maximum height of all segments of
that building. The reference datum shall be whichever of the following two
measurements results in the greater building height:
(A) The reference datum is the lowest grade when the highest ground surface
within a five-foot horizontal distance of the exterior wall of the building is not
more than 10 feet above the lowest grade.
(B) The reference datum is 10 feet higher than the lowest grade when the highest
ground surface described in item (A) above is 10 feet or more above the
lowest grade.
(See Figure 9.0500 Building Height Calculation.)
Flag Lot
. A lot [with less frontage on a public street than is generally required by
this land use code and where that frontage serves primarily as a vehicular access
corridor] located behind another lot except for a narrow portion extending to
the public street which is suitable for vehicular, bicycle and pedestrian
access. The “flag pole” of a flag lot is the access corridor to the buildable “flag
portion” of the lot. [The “flag portion” of the flag lot is located behind a lot that has
(See Figure 9.2775(2) Residential Flag Lot
the generally required street frontage.]
Description.)
Kennel
. An establishment or premises on which [3] 4 or more dogs over 6 months
of age are kept or maintained, whether by owners of the dogs or by persons
providing facilities and care, and whether or not for compensation. For purposes
of this definition, if the “premises” consists of a lot that contains a main
dwelling and a secondary dwelling unit, the “premises” means the lot. (See
EC 9.2741(2)(a)5.)
Residential Character. A combination of qualities and features that gives
identity to a particular area where the predominant use is housing and that
distinguishes the area from other areas.
Section 3.
The paragraph preceding Table 9.2160 in Section 9.2160 of the
Eugene Code, 1971, is amended to provide as follows:
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3
9.2160 Commercial Zone Land Use and Permit Requirements.
The following Table
9.2160 Commercial Zone Land Uses and Permit Requirements identifies those uses
in Commercial Zones that are:
(P) Permitted, subject to zone verification.
(SR) Permitted, subject to an approved site review plan or an approved final
planned unit development.
(C) Subject to a conditional use permit or an approved final planned unit
development.
(S) Permitted, subject to zone verification and the Special Development
Standards for Certain Uses beginning at EC 9.5000.
(#) The numbers in ( ) in the table are uses that have special use limitations
described in EC 9.2161.
Examples shown in Table 9.2160 are for informational purposes, and are not
exclusive. Table 9.2160 does not indicate uses subject to Standards Review.
Applicability of Standards Review procedures is set out at EC 9.8465.
Section 4.
The paragraph preceding Table 9.2450 in Section 9.2450 of the
Eugene Code, 1971, is amended to provide as follows:
9.2450 Industrial Zone Land Use and Permit Requirements
. The following Table 9.2450
Industrial Zone Land Use and Permit Requirements identifies those uses in the
Industrial Zones that are:
(P) Permitted, subject to zone verification.
(SR) Permitted, subject to an approved site review plan or an approved final
planned unit development.
(C) Subject to a conditional use permit or an approved final planned unit
development.
(S) Permitted subject to zone verification and the Special Development Standards
for Certain Uses beginning at EC 9.5000.
(#) The numbers in ( ) in the table are uses that have special use limitations that
are described in EC 9.2451.
The examples listed in Table 9.2450 are for informational purposes and are not
exclusive. Table 9.2450 does not indicate uses subject to Standards Review.
Applicability of Standards Review procedures is set out at EC 9.8465.
Section 5.
The paragraph preceding Table 9.2630 in Section 9.2630 of the
Eugene Code, 1971, is amended to provide as follows:
9.2630 PRO Zone Land Use and Permit Requirements.
The following Table 9.2630
Park, Recreation, and Open Space Zone Uses and Permit Requirements identifies
those uses in the PRO zone that are:
(P) Permitted if use complies with special setbacks shown in Table 9.2640. If the
use does not meet the special setbacks in Table 9.2640, the use may be
approved through the conditional use permit process. Shall require zone
Ordinance -
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verification.
(SR) Permitted, subject to an approved site review plan or an approved final
planned unit development.
(C) Subject to a conditional use permit or an approved final planned unit
development.
(S) Permitted, subject to the Special Development Standards for Certain Uses
beginning at EC 9.5000 and zone verification.
(#) The numbers in ( ) in the table are uses that have special use limitations that
are described in EC 9.2631.
Entertainment and recreational uses allowed in other zones are subject to the
standards set out for those zones. Any examples reflected in Table 9.2630 are for
informational purposes only and are not exclusive. Table 9.2630 does not indicate
uses subject to Standards Review. Applicability of Standards Review procedures is
set out at EC 9.8465.
Section 6.
Subsection (2) of Section 9.2683 of the Eugene Code, 1971, is
amended to provide as follows:
9.2683Special Use Limitations.
(2) Permitted Uses Subject to Site Review.
When a proposed public use, other
than those listed in subsection (3) of this section, is to be located within 300
feet of land in the broad zone category of residential, and such use will
generate the need for a Traffic Impact Analysis according to EC 9.8670
Applicability, such use shall be subject to an approved site review application
[according to the Type II procedures] or an approved final planned unit
development application.
Section 7.
The paragraph preceding Table 9.2740 in Section 9.2740 of the
Eugene Code, 1971, is amended to provide as follows:
9.2740 Residential Zone Land Use and Permit Requirements.
The following Table
9.2740 Residential Zone Land Use and Permit Requirements identifies those uses
in the residential zones that are:
(P) Permitted, subject to zone verification.
(SR) Permitted, subject to an approved site review plan or an approval final
planned unit development.
(C) Subject to an approved conditional use permit or an approved final
planned unit development.
(PUD) Permitted, subject to an approved final planned unit development.
(S) Permitted, subject to zone verification and the Special Development
Standards for Certain Uses beginning at EC 9.5000.
(#) The numbers in ( ) in the table are uses that have special use limitations
that are described in EC 9.2741 Special Use Limitations for Table
9.2740.
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The examples listed in Table 9.2740 are for informational purposes and are not
exclusive. Table 9.2740 does not indicate uses subject to Standards Review.
Applicability of Standards Review procedures is set out at EC 9.8465.
Section 8.
Subsections (2)(a) and (4) of Section 9.2741 of the Eugene Code,
1971, are amended to provide as follows:
9.2741 Special Use Limitations for Table 9.2740.
(2) Secondary Dwellings.
Secondary dwellings are only permitted in R-1 and
are subject to the standards below.
(a) Secondary dwellings that are within the same building as the primary
dwelling shall comply with all of the following:
1. The dwelling shall not exceed 800 square feet unless occupying
the full story of a multi-story structure with ground floor residential
use.
2. Either the primary dwelling or the secondary dwelling shall be
occupied by the property owner.
3. There shall be at least 1 off-street parking space on the property.
4. Except for flag lots, the lot shall be at least 4,500 square feet.
Flag lots shall contain at least 13,500 square feet to permit a
secondary dwelling.
5. No more than 3 dogs shall be permitted on the lot.
(4) Duplex.
When located in R-1, a duplex shall conform to 1 of the following
standards:
(a) The duplex was legally established on August 1, 2001.
(b) The duplex is on a corner lot abutting public streets as provided in EC
9.2760 Residential Zone Lot Standards, which is at least 8,000 square
feet in size.
(c) The duplex is on a lot that was identified as being developable for a
duplex [lot in] on a subdivision plat.
Section 9.
Subsections (1)(c), (3) and (13)(b) of Section 9.2751 of the Eugene
Code, 1971, are amended to provide as follows:
9.2751 Special Development Standards for Table 9.2750.
(1)Density.
(c) For purposes of calculating net density, the acreage of land considered
part of the residential use shall exclude public [property, including] and
private streets, public parks, and other public facilities. In calculating
the minimum net density required for a specific lot or development site,
the planning director shall round down to the previous whole number. In
calculating the maximum net density allowed for a specific lot or
development site less than 13,500 square feet in area, the planning
Ordinance -
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director shall round up to the next whole number for fractions of
.75 or above and round down for fractions below .75. In calculating
the maximum net density allowed for a specific lot or development site
13,500 square feet or greater in area, the planning director shall round
up to the next whole number. At the request of the developer, the
acreage also may exclude natural or historic resources. For purposes of
this section, natural resources include those designated for protection in
an adopted plan and the area within natural resources protection or
conservation setbacks that have been applied to the development site.
For purposes of this section, historic resources include historic property
and resources identified in an official local inventory as “primary” or
“secondary.” It may also include additional natural or historic resources
upon approval of the planning director.
(3)
Building Height.
(a) Except as provided below, [I]in the R-3 and R-4 zone, the maximum
building height shall be limited to 30 feet for that portion of the building
located within 50 feet from the abutting boundary of, or directly across
an alley from, land zoned R-1.
(b) An additional 5 feet of building height is allowed for roof slopes of
6:12 or steeper in the R-1, R-2 and R-3 zones.
(c) For that area bound by Hilyard Street to the west, Agate Street to
thth
the east, East 18 Avenue to the north and East 20 Avenue to the
south:
1. In the R-3 zone, the maximum building height shall be limited
to 35 feet for that portion of the building located within 50 feet
from the abutting boundary of, or directly across an alley
from, land zoned R-1.
2. In the R-4 zone, the maximum building height shall be limited
to 35 feet for that portion of the building located within 50 feet
from the abutting boundary of, or directly across an alley
from, land zoned R-1. It shall be limited to 50 feet for that
portion of the building located within 175 feet from land
zoned R-3, and shall be limited to 75 feet for that portion of
the building located within 176 feet and 225 feet of land zoned
R-3.
(13)Fences.
(b) Location and Heights.
1. Fences up to 42 inches in height are permitted within the required
front yard setback. For corner lots or double frontage lots, a
fence between 42 inches and 6 feet in height is permitted
within one of the two front yard setbacks, so long as for
corner lots, this fence cannot extend past a line created by an
extension of the back wall of the dwelling. (See Figure
9.2751(13)(b)1.)
2. Fences up to 6 feet in height are permitted within the required
interior yard setback.
3. The height of fences that are not located within the required
setback areas is the same as the regular height limits of the zone.
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4. Fences must meet the standards in EC 9.6780 Vision Clearance
Area.
Section 10.
The Small Lot entry, Duplex Lot entry, and Triplex Lot entry of the
Lot Area Minimum section, and the Lot Frontage and Lot Width standards in Table
9.2760 set forth in Section 9.2760 of the Eugene Code, 1971, are amended to provide
as follows:
9.2760 Residential Zone Lot Standards.
The following Table 9.2760 sets forth residential
zone lot standards, subject to the special standards in EC 9.2761.
Table 9.2760 Residential Zone Lot Standards
(See EC 9.2761 Special Standards for Table 9.2760.)
R-1R-1.5R-2R-3R-4
Lot Area Minimum (1)
Small Lots (2) Per Cluster 2,250 2,250 2,250
Subdivision square feet square feet square feet
or PUD or per or per or per
Cluster Cluster Cluster
Subdivision Subdivision Subdivision
or PUD or PUD or PUD
Duplex Lots (in R-1, a duplex
8,000 -- -- -- --
lot[s] shall be indicated on the square feet
final subdivision plat [and
shall be developed] as
developable as a duplex.
Such lots may not be
created by a partition.
Alternatively, a duplex lot
[or] may be located on a
corner lot[s] that contains at
least 8,000 square feet.)
Triplex Lots (in R-1, lots shall 12,000 -- -- -- --
be indicated on the final square feet
subdivision plat as
developable [and shall be
developed] as a triplex. Such
lots may not be created by a
partition.)
Lot Frontage Minimum (1)
[20] 35 feet [20] 35 feet [20] 35 feet
Interior Lot 50 feet 20 feet
(9) (9) (9)
[20] 35 feet [20] 35 feet [20] 35 feet
Corner Lot 50 feet 20 feet
(9) (9) (9)
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Table 9.2760 Residential Zone Lot Standards
(See EC 9.2761 Special Standards for Table 9.2760.)
R-1R-1.5R-2R-3R-4
[20] 35 feet [20] 35 feet [20] 35 feet
Curved Lot 35 feet 20 feet
(9) (9) (9)
Cul-de-sac Bulb Lot 35 feet 20 feet 20 feet 20 feet 20 feet
Residential Flag Lot (4)
1 Lot 15 feet 15 feet 15 feet 15 feet
2 to 4 Lots 25 feet 25 feet 25 feet 25 feet
Rowhouse Lot 15 feet 15 feet 15 feet 15 feet 15 feet
Lot Width Minimum (1)
[20] 35 feet [20] 35 feet [20] 35 feet
Interior Lot (7) 50 feet 20 feet
(9) (9) (9)
[20] 35 feet [20] 35 feet [20] 35 feet
Corner Lot 50 feet 20 feet
(9) (9) (9)
[20] 35 feet [20] 35 feet [20] 35 feet
Curved Lot 35 feet 20 feet
(9) (9) (9)
Cul-de-sac Bulb Lot 35 feet 20 feet 20 feet 20 feet 20 feet
Residential Flag Lot (4) 50 feet -- --
Rowhouse Lot 15 feet 15 feet 15 feet 15 feet 15 feet
Section 11.
Subsections (1) and (4) are amended, and new Subsections (9) and
(10) are added to Section 9.2761 of the Eugene Code, 1971, to provide as follows:
9.2761 Special Standards for Table 9.2760.
(1)
Lot Standards.
(a) In determining lot area in a residential zone, the area within a
public or private street shall be excluded.
(b) Solar standards may impose a more restrictive lot standard. (See EC
9.2790 Solar Lot Standards.)
(c) Lot area, frontage, and width minimums may be modified with an
approved cluster subdivision in R-1 or Planned Unit Development (PUD)
in any zone.
(4)
No variances to residential flag lot standards are allowed. Minimum lot area
excludes the pole portion of the lot. Other residential flag lot standards also
apply. (See EC 9.2775 Residential Flag Lot Standards for R-1, R-2, R-3 and
R-4.)
(9) Lot width and lot frontage minimums in R-3 and R-4 can be reduced to
20 feet as part of an approved site review plan, planned unit
development, or cluster subdivision. Unless otherwise approved
through a planned unit development or cluster subdivision, at no point,
for the entire extent of the lot, shall the side lot lines be less than 20 feet
apart.
(10) Alley Access Only Lots/Parcels can be created only through an
approved cluster subdivision in the R-1 zone or an approved planned
unit development in any zone.
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Section 12.
The caption for Section 9.2775 of the Eugene Code, 1971, is
amended to provide as follows:
9.2775 Residential Flag Lot Standards for R-1.
, R-2, R-3 and R-4
Section 13.
The paragraph preceding Table 9.3310 in Section 9.3310 of the
Eugene Code, 1971, is amended to provide as follows:
9.3310 S-E Elmira Road Special Area Zone Land Use and Permit Requirements.
The
following Table 9.3310 S-E Elmira Road Special Area Zone Uses and Permit
Requirements identifies those uses in the S-E zone that are:
(P) Permitted, subject to zone verification.
(SR) Permitted, subject to an approved site review plan or an approved final
planned unit development.
(C) Subject to an approved conditional use permit or an approved final
planned unit development.
(PUD) Permitted, subject to an approved final planned unit development.
(S) Permitted subject to zone verification and the Special Development
Standards for Certain Uses beginning at EC 9.5000.
(#) The numbers in ( ) in the table are uses that have special use limitations
that are described in EC 9.3311.
The examples listed in Table 9.3310 are for informational purposes and are not
exclusive. Table 9.3310 does not indicate uses subject to Standards Review.
Applicability of Standards Review procedures is set out at EC 9.8465.
Section 14.
The paragraph preceding Table 9.3810 in Section 9.3810 of the
Eugene Code, 1971, is amended to provide as follows:
9.3810 S-RN Royal Node Special Area Zone Land Use and Permit Requirements.
The
following Table 9.3810 S-RN Royal Node Special Area Zone Uses and Permit
Requirements identifies those uses in the S-RN zone that are:
(P) Permitted, subject to zone verification.
(C) Subject to an approved conditional use permit.
(S) Permitted subject to zone verification and the Special Development Standards
for Certain Uses beginning at EC 9.5000.
(SR) Permitted, subject to an approved site review plan or approved final planned
unit development.
(#) The numbers in ( ) in the table are uses that have special use limitations
described in EC 9.3811 Special Use Limitations for Table 9.3810.
Examples listed in Table 9.3810 are for informational purposes and are not
exclusive. Table 9.3810 does not indicate uses subject to Standards Review.
Applicability of Standards Review procedures is set out at EC 9.8465.
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Section 15.
The paragraph preceding Table 9.3910 in Section 9.3910 of the
Eugene Code, 1971, is amended to provide as follows:
9.3910 S-W Whiteaker Special Area Zone Land Use and Permit Requirements.
The
following Table 9.3910 S-W Whiteaker Special Area Zone Uses and Permit
Requirements identifies those uses in the S-W zone that are:
(P) Permitted, subject to zone verification.
(SR) Permitted, subject to an approved site review plan or an approved final
planned unit development.
(C) Subject to conditional use permit or an approved final planned unit
development.
(PUD) Permitted, subject to an approved final planned unit development.
(S) Permitted subject to zone verification and the Special Development
Standards for Certain Uses beginning at EC 9.5000.
(#) The numbers in ( ) in the table are uses that have special use limitations
that are described in EC 9.3911.
Examples of uses in Table 9.3910 are for informational purposes and not exclusive.
Table 9.3910 does not include uses subject to Standards Review. Applicability of
Standards Review procedures is set out at EC 9.8465.
Section 16.
Subsections (9)(c) and (11)(c) of Section 9.5500 of the Eugene
Code, 1971, are amended to provide as follows:
9.5500 Multiple-Family Standards.
(9) Open Space.
Open space that complies with Table 9.5500(9) and the
standards in this subsection (9) shall be provided unless exempt under other
provisions of this land use code.
(c) Open Space Credit.
1. An open space credit, not to exceed 25 percent of the total open
space requirement, may be applied toward compliance with that
requirement, for developments that are located within one-quarter
mile of a public park as measured along the route of the
shortest existing public way or private street.
2. Required setback areas and areas required to comply with
perimeter parking lot landscape standards may be applied toward
the minimum open space requirements when the minimum
dimension of such space is 15 feet or greater.
(11) Site Access and Internal Circulation.
(c) Alley Access. Development sites with alley access, either at the rear
Ordinance -
11
yard or along the side yard, shall use the alley to provide vehicle
access to the development site if the alley right-of-way width is 20
feet for the length of the alley between the development site and
the street. In these instances, no direct access to the street, other than
(See Figure 9.5500(11)(b) Multiple-
by the alley, shall be permitted.
Family Driveways.)
Where the alley right-of-way is of a lesser
width, alley access is optional.
Section 17.
Table 9.6410 in Section 9.6410 of the Eugene Code, 1971, is
amended by adding additional requirements for Multi-Family developments, to provide
as follows:
9.6410 Motor Vehicle Parking Standards.
Table 9.6410 Required Off-Street
Motor Vehicle Parking
UsesMinimum Number of Required Off-Street
Parking Spaces
Residential
Dwelling
[Multiple Family (3 or more dwellings on same lot) 1 per dwelling.
Multiple Family developments in the R-3 and R-1 space per studio or 1-bedroom unit
4 zones within the boundaries of the City 1.5 spaces/unit per 2-bedroom unit**
recognized West University Neighbors and 2 spaces/unit per 3-bedroom unit*
South University Neighborhood Associations.
*.5 spaces required for each additional
bedroom beyond 3 bedrooms
** Fractions of .50 are rounded up to the
next whole number.
Multiple Family – all other areas 1 per dwelling
Section 18.
A new Subsection (6) is added to Section 9.6790 of the Eugene
Code, 1971, to provide as follows:
9.6790 Stormwater Management Manual.
In order to implement Section 9.6791 through
9.6797 of this code, the City Manager shall adopt in accordance with EC 2.019, City
Manager – Administrative and Rulemaking Authority and Procedures, a Stormwater
Management Manual. The Stormwater Management Manual may contain forms,
maps and facility agreements and shall include requirements that are consistent with
the following goals:
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12
(6) Except as otherwise allowed by this land use code, allow disturbances
or development within drainage ways only when all of the following
conditions exist:
(a) The disturbance or development will not impede or reduce flows
within the drainage way;
(b) The disturbance or development will not increase erosion
downstream;
(c) The disturbance or development will not cause detrimental impacts
to stream side habitat values; the migration, rearing, feeding, or
spawning of fish; or to habit at needs of other aquatic species in
either the immediate stream reach or in downstream water bodies;
and
(d) The constructed pipe system is sized to convey all of the runoff
from upstream watershed when the upstream watershed is
completely developed.
Section 19.
Subsection (3) of Section 9.6791 of the Eugene Code, 1971, is
amended to provide as follows:
9.6791 Stormwater Destination.
(3)Standards.
Stormwater drainage facilities shall be designed and constructed
according to adopted plans and policies, and in accordance with standards in
EC Chapters 6 and 7, and the stormwater destination provisions and the
facility design requirements set forth in the Stormwater Management Manual.
On-site infiltration is the preferred stormwater destination for
development in the River Road-Santa Clara Basin. An applicant proposing
a new development must submit documentation to the city showing the
stormwater destination into which the proposed development will be disposed.
The documentation must establish that the new development will be disposed
of into existing stormwater drainage facilities that, considering all
developments that have received tentative or final plan approval as of the date
the developer submits a complete application, have the capacity to handle the
stormwater runoff that will be generated by the proposed new development for
the flood control design storm, or, if the applicant cannot establish that existing
stormwater drainage facilities have such capacity, the applicant must
construct storm drainage facilities to accommodate the stormwater draining
from the proposed development.
Section 20.
A new Section 9.7007 is added to the Eugene Code, 1971, to
provide as follows:
9.7007 Neighborhood/Applicant Meetings.
(1) This section applies to the following types of land use applications:
(a) Type II: Only tentative subdivisions and cluster subdivisions over
10 lots or those which include public street improvements;
Ordinance -
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(b) Type III: Only conditional use permits and tentative planned unit
developments;
(c) Type IV applications that are not city-initiated;
(d) Metro Plan amendments that are not city-initiated.
(2) Prior to the submittal of an application listed in subsection (1) above, the
applicant shall host a meeting for the surrounding property owners. The
purpose of this meeting is to provide a means for the applicant and
surrounding property owners and residents to meet to review the
proposal, share information and identify issues regarding the proposal.
The applicant may consider whether to incorporate solutions to these
issues prior to application submittal.
(3) The neighborhood/applicant meeting shall be held on a weekday
evening, starting no earlier than 5:00 p.m. and starting no later than 7:00
p.m., or on a weekend no earlier than 10:00 a.m. and no later than 6:00
p.m., at a location within the city that is in, or is as close as practicable
to, the boundaries of the city-recognized neighborhood association in
which the proposal is located, if any.
(4) If the subject property is located within the boundaries of a city-
recognized neighborhood association, the applicant must contact the
applicable neighborhood association by registered or certified mail,
proposing three possible dates and times for the meeting. The
neighborhood association should reply to the applicant within 14 days
and specify on which of the proposed three suggested dates the
meeting should be held. If the neighborhood association does not reply
to the applicant’s letter within 14 days, the applicant may schedule the
neighborhood meeting on any one of the three proposed dates without
further delay.
(5) The applicant shall mail notice of the meeting:
(a) At least 14 days and no more than 28 days prior to the meeting;
(b) To:
1. Owners and occupants of properties within 300 feet of the
subject property for Type II and IV applications and to owners
and occupants within 500 feet of the property for a Type III
application or a Metro Plan amendment;
2 Any city-recognized neighborhood associations whose
boundaries are within 300 feet of the subject property;
3. The city planning director; and
4. The city engineer; and
(c) That states the date, time and location of the meeting and briefly
discusses the nature and location of the proposal.
(6) Failure of a property owner or occupant to receive notice shall not
invalidate the neighborhood/applicant meeting procedure.
(7) The applicant shall post notice of the meeting by posting a waterproof
sign on the subject property at least 14 days before the meeting. The
notice, containing the information described in (5)(c) above, shall be
supplied by the applicant.
(8) The applicant shall prepare and keep meeting notes identifying the
major points that were discussed and expressed, and a sign-in sheet
identifying the persons attending.
(9) The applicant is required to hold one meeting prior to submitting an
application for a specific site, but may hold additional meetings if
Ordinance -
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desired.
(10) If an applicant fails to include in its application the materials described
in EC 9.7010, the application shall be deemed incomplete.
(11) Applications shall be submitted to the city within 180 days of the
neighborhood/applicant meeting. If an application is not submitted in
this time frame, the applicant shall be required to hold a new
neighborhood/applicant meeting.
Section 21.
Section 9.7010 of the Eugene Code, 1971, is amended to provide as
follows:
9.7010 Application Filing.
Applicants shall be submitted on a form approved by the city
manager, be accompanied by a fee established pursuant to EC Chapter 2, and be
signed by the property owner, unless the applicant is a public agency, in which case
the signature of the property owner is not required. Application materials shall
address each of the criteria and standards applicable to the proposed use including
any requested adjustments to standards as provided in provisions beginning at EC
9.9015. For applications described at EC 9.7007(1), the application shall
include the following materials related to the neighborhood/applicant meeting:
(1) The list of persons to whom notice was mailed pursuant to EC 9.7007(5)
and a signed statement that notice was posted and mailed to those on
the list;
(2) A copy of the notice; and
(3) A copy of the meeting notes and sign-in sheet described at EC 9.7007(8).
Section 22.
The “Partition” and “Subdivision” entries in Table 9.7055 of Section
9.7055 of the Eugene Code, 1971 are amended to provide as follows:
9.7055 Applications and Review Authorities.
Table 9.7055 Applications and Review
Authorities, lists applications and the review authorities for the decision and the
appeal of the decision.
Table 9.7055 Applications and Review Authorities
R = Recommendation, D = Decision Maker, A = Appeal Review Authority
ApplicationTypePlanning Hearings Historic Planning City
DirectorOfficialReview CommissionCouncil
Board
Partition:
- Tentative Plan II D A
[II] I
- Final Plat D [A]
Subdivision:
- Tentative Plan II D A
[II] I
- Final Plat D [A]
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Table 9.7055 Applications and Review Authorities
R = Recommendation, D = Decision Maker, A = Appeal Review Authority
ApplicationTypePlanning Hearings Historic Planning City
DirectorOfficialReview CommissionCouncil
Board
Section 23.
Table 9.7105 in Section 9.7105 of the Eugene Code, 1971, is
amended to provide as follows:
9.7105 Type I Application Requirements and Criteria Reference.
The following
applications are reviewed under the Type I process according to the requirements
and criteria set forth for each application as reflected in the beginning reference
column in Table 9.7105.
Table 9.7105 Type I Application Requirements and Criteria
Type I ApplicationsBeginning Reference
Historic Landmark, Removal of Designation EC 9.8150
Partition – Final Plat EC 9.8225
Property Line Adjustment EC 9.8400
Subdivision – Final Plat EC 9.8550
Temporary Manufactured Dwelling Hardship Permit EC 9.8600
Temporary Manufactured Dwelling Hardship Permit - Renewal EC 9.7120(2)
Vacation of an Unimproved Public Easement EC 9.8700
/WR Water Resources Conservation Overlay Zone – Map or Zone Error EC 9.4960(2)
Section 24.
The entries for “Partition” and “Subdivision” in Table 9.7205 of
Section 9.7205 of the Eugene Code, 1971, are amended to provide as follows:
9.7205 Type II Application Requirements and Criteria Reference.
The following
applications are reviewed under the Type II review process according to the
requirements and criteria set forth for each application as reflected in the beginning
reference column in Table 9.7205:
Table 9.7205 Type II Application Requirements and Criteria
Type II ApplicationsBeginning Reference
Partition:
- Tentative Plan EC 9.8200
[- Final Plat] [EC 9.8225]
Subdivision:
- Tentative Plan EC 9.8500
[- Final Plat] [EC 9.8550]
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Table 9.7205 Type II Application Requirements and Criteria
Type II ApplicationsBeginning Reference
Section 25.
The entries for “Partition” and “Subdivision” in Table 9.7230 of
Section 9.7230 of the Eugene Code, 1971, are amended to provide as follows:
9.7230 Expiration.
(1)
The planning director’s approval of an application shall expire in 12 months,
18 months, or 36 months from the effective date of approval, depending upon
the type of land use application as specified in Table 9.7230 Expiration of
Type II Application Approvals, or as provided in subsections (2) through (9) of
this section. If an application approval has expired according to any of the
conditions stated in subsections (2) through (9), the original application
approval is revoked and a new application must be filed.
Table 9.7230 Expiration of Type II Application Approvals
Application12 months18 months36 months
Partition:
- Tentative Plan X
[- Final Plat (same as Tentative Plan expiration)]
Subdivision:
- Tentative Plan X
[- Final Plat (same as Tentative Plan expiration)]
Section 26.
A new Subsection (16) is added to Section 9.8320 of the Eugene
Code, 1971, to provide as follows:
9.8320Tentative Planned Unit Development Approval Criteria- General
. The hearings
official shall approve, approve with conditions, or deny a tentative PUD application
with findings and conclusions. Decisions approving an application, or approving
with conditions shall be based on compliance with the following criteria:
(16) For property with the /SR Site Review Overlay Zone, the PUD complies
with any additional site-specific criteria that were specified at the time
the /SR designation was applied to the property.
Section 27.
Section 9.8430 of the Eugene Code, 1971, is amended to provide as
follows:
9.8430Applicability
. Site review provisions shall be applied when any of the following
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conditions exist:
(1)
Property is zoned with the /SR overlay zone and the proposal would result in
either of the following:
(a) New development of vacant sites (excluding partitions and any
development that consists only of new or expanded parking areas).
(b) An expansion of 20 percent or more of the total existing building square
footage on the development site.
(2)
The proposed use on the property is identified as a use which requires site
review under other provisions of this land use code and the proposal would
result in either of the following:
(a) New development of vacant sites (excluding development that consists
only of new or expanded parking areas).
(b) An expansion of 20 percent or more of the total existing building square
footage on the development site.
(3)
The application proposes needed housing, as defined by State statutes.
Applications proposing needed housing shall be reviewed through the Type II
site review procedures utilizing the criteria at EC 9.8445 Site Review Approval
Criteria - Needed Housing unless the applicant specifically request in the
application that the city apply the criteria at EC 9.8440 Site Review Approval
Criteria - General.
In lieu of site review, an application that falls within (1), (2), or (3) above, may
obtain approval through the Planned Unit Development process. No
development permit shall be issued by the city prior to approval of the site review
application, or the final planned unit development application.
Section 28.
Section 9.8555 of the Eugene Code, 1971, is amended to provide as
follows:
9.8555 Applicability of Subdivision, Final Plat Applications.
A subdivision final plat
application follows a Type [II] I process. Applications for final plat approval cannot
be submitted unless the subject property received tentative plan approval and any
approval conditions required prior to submittal of the final plat have been met.
Section 29.
The definition of “Noncommercial dog kennel” set forth in Section
4.330 of the Eugene Code, 1971, is amended to provide as follows:
4.330 Animal Control - Definitions
. For purposes of sections 4.330 to 4.500 of this
chapter, the following words and phrases mean:
Noncommercial dog kennel
. An establishment or premises where [three] four or
more dogs, over six months of age, are kept or maintained, whether by owners of
the dogs or by persons providing facilities and care, and whether or not for
compensation. No more than two of the dogs shall be used for breeding. The term
does not include any animal hospital. For purposes of this definition, if the
“premises” consists of a lot that contains a main dwelling and a secondary
dwelling unit, the “premises” means the lot.
Ordinance -
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Section 30.
A new Figure 9.2751(13)(b)1. Fences, as attached hereto is hereby
adopted; Figure 9.0500 Building Height Calculation is hereby amended and replaced
with the attached Figure 9.0500 Building Height Calculation; and Figure 9.5500(11)(b)
Multiple-Family Driveways, is hereby amended and replaced with the attached Figure
9.5500(11)(b) Multiple-Family Driveways; and they shall be incorporated with other
similar maps and figures in the Eugene Code, 1971.
Section 31.
The City Recorder, at the request of, or with the concurrence 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.
Section 32.
The legislative findings attached as Exhibit A hereto are adopted in
support of this Ordinance.
Section 33.
Notwithstanding the effective date of ordinances as provided in the
Eugene Charter of 2002, this Ordinance shall become effective 30 days from the date of
its passage by the City Council and approval by the Mayor, or upon the date of its
acknowledgment as provided by ORS 197.625, whichever date is later.
Passed by the City Council this Approved by the Mayor this
____ day of ______________, 2008 ____ day of ______________, 2008
_____________________________ _____________________________
City Recorder Mayor
Ordinance -
19
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