HomeMy WebLinkAboutOrdinance No. 20569
COUNCIL ORDINANCENO. 20569
COUNCIL BILL 5159
AN ORDINANCE CONCERNING ANNUAL MAINTENANCE OF
THE LAND USE CODE AND AMENDING SECTIONS 9.0500,
9.2160,9.2451,9.2461,9.2600,9.2620,9.2750,9.2777,9.3165,
9.3210,9.3215,9.3970,9.4130,9.6210,9.6640,9.7000,9.7015,
9.7230,9.7405,9.7505,9.7810,9.8005,9.8085,9.8090,9.8215,
9.8220,9.8320,9.8325,9.8360,9.8423,9.8430,9.8440,9.8445,
9.8515,9.8520,9.8705,9.8710,9.8750,9.8755,9.8760,9.8810
AND 9.8855OF THE EUGENE CODE, 1971.
ADOPTED:November 14, 2016
SIGNED:November 16, 2016
PASSED:7:0
REJECTED:
OPPOSED:
ABSENT: Zelenka
EFFECTIVE: December 17, 2016, or upon the date of
acknowledgment, whichever is later.
ORDINANCE NO. 20569
AN ORDINANCE CONCERNING ANNUAL MAINTENANCE OF THE LAND USE
,,,,
CODE AND AMENDING SECTIONS 9.0500,9.21609.24519.24619.2600
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9.26209.27509.27779.31659.32109.32159.39709.41309.62109.6640
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9.70009.70159.72309.74059.75059.78109.80059.80859.80909.8215
,,,,,,,,,,
9.82209.83209.83259.83609.84239.84309.84409.84459.85159.8520
,,,,,
9.87059.87109.87509.87559.87609.8810 AND 9.8855OF THE EUGENE
CODE, 1971.
THE CITY OF EUGENE DOES ORDAIN ASFOLLOWS:
Section 1.
The definition of “Reconfiguration of Lots or Parcels” in Section 9.0500 of the
Eugene Code, 1971, is amended to provide as follows:
9.0500Definitions
. As used in this land use code, unless the context requires otherwise,
the following words and phrases mean:
Reconfiguration of Lots or Parcels
.Changes to legal lot lines that result in any of
the following:
(A)Creation of an additional lot or parcel;
(B)More than 2 changes to any of the boundaries of an individual lot or parcel
within 1 calendar year;
(C)A change in the size of a lot or parcel by more than 200 percent; or
(D)Creation of substandard public facilities or services, including, but not limited
to, streets (access and widths), access easements, and public utility
easements.
Section 2
.The entry for“Park and Non-Publicly Owned Open Space Use” in the
“Entertainment and Recreation” section of Table 9.2160of the Eugene Code, 1971, is amended
as set out below. The entries for “Homeless Shelter not in existence as of January 1, 1984” in
the “Lodging” section, and “Regional Distribution Center,” and “Wholesale Trade (excluding
regional distribution center)” in the “Trade (Retail and Wholesale)” sectionof that Table, are
repealed.
Ordinance -Page 1of 15
Table 9.2160 Commercial Zone Land Uses and Permit Requirements
C-1C-2C-3GO
Entertainment and Recreation
Park and Non-Publicly Owned Open Space S(9)S(9)S(9)
Use (See EC 9.2620):
Uses not specifically listed in this Table
9.2160 that are listed under the
“Entertainment and Recreation” category
in Table 9.2630.
Section 3
.Subsection (2) of Section 9.2451 of the Eugene Code, 1971, is amended to
provide as follows:
9.2451Special Use Limitations for Table 9.2450.
(2)Special Allowances for properties with frontage on major arterial streets
in the E-2 zone.
On lots with frontage on a major arterial street, the uses
allowed in Table 9.2450 subject to this standard shall not exceed 30,000
square feet of building areaper development site. This square footage
limitation shall apply only to new development, and it shall not preclude reuse
of existing buildings.Such uses are not allowed on lots without frontage on
major arterial streets.
Section 4
.The entry for “Adjacent to a street” in the “Outdoor Storage” section of Table
9.2461(8) of the Eugene Code, 1971, is amended to provide as follows:
Table 9.2461(8) Outdoor Storage and Display-Setbacks and Landscaping
E-1E-2I-2I-3
Outdoor Storage
Adjacent to a street.Permitted:YesYesYes Yes
Setback:20 feet15 feet10 feet10 feet
Landscape:Low Screen Low Screen High High
Landscape Landscape ScreenScreen
Standard –Standard –Landscape Landscape
(L-2)(L-2)Standard –Standard –
(L-3)(L-3)
Section 5
.Subsection (1) of Section 9.2600 of the Eugene Code, 1971, is amended to
provide as follows:
9.2600Purpose of PRO Park, Recreation, and Open Space Zone.
The Park,
Recreation, and Open Space Zone (PRO) is intended to accomplish all of the
following:
Ordinance -Page 2of 15
(1)
Implement the Metro Planand other applicable plans by providing areas that
will conserve and preserve a variety of parks, recreation areas, and open
spaces to maintain livability of the
Section 6
.The introductory paragraph of Section 9.2620 of the Eugene Code, 1971, is
amended to provide as follows:
9.2620PRO Zone Terms.
The determination of park classification shall be based on
Eugene’s applicable parks plan, or in the absence of a plan,by the city manager.
As used with reference to this zone, unless the context requires otherwise, the
following words and phrases mean:
Section 7
.The entries for “Main Building” and “Main Building on Alley Access Lot” in the
“Maximum Building Height” section of Table 9.2750 of the Eugene Code, 1971, and the
“Maximum Lot Coverage” section title of that Table, are amended to provide as follows:
Table 9.2750 Residential Zone Development Standards
(See EC 9.2751 Special Development Standards for Table 9.2750.)
R-1R-1.5R-2R-3R-4
Maximum Building Height (2), (3), (4), (5), (16), (17), (18)
Main Building. Does not 30 feet35 feet35 feet50 feet120 feet
include main building on
Alley Access Lot in R-1
Main Building on Alley See (18)--------
Access Lot in R-1
Maximum Lot Coverage (17),(18)
Section 8
.Subsection (2) of Section 9.2777 of the Eugene Code, 1971, is amended to
provide as follows:
9.2777Duplex Division Lot Standards.
(2)Land Division Regulations.
All applicable regulations for the type of land
division process being used must be met except where the duplex division lot
standards create different requirements.
(a)The existing lot must contain at least 8,000 square feet.
(b)The resulting lots will be relatively equal in size with the maximum
difference equal to 10 percent or less of the total area of the original lot.
(c)The lot width is at least 40 feet.
(d)The minimum lot area is at least 3,600 feet.
Ordinance -Page 3of 15
Section 9
.Subsection (3) (excluding Table 9.3165(3)) of Section 9.3165 of the Eugene
Code, 1971, is amended to provide as follows:
9.3165S-DR Downtown Riverfront Special Area Zone Parking Requirements.
(3)Bicycle Parking
. The minimum and maximum parking standards in Table EC
9.3165(3) apply instead of the standards in Table 9.6105(5).
Section 10
.The “Lodging” section of Table 9.3210 of the Eugene Code, 1971, is
amended to provide as follows:
Table 9.3210 S-DW Downtown Westside Special Area Zone
Uses and Permit Requirements
S-DW
Lodging
Bed and Breakfast (Comply withEC 9.5100(3) for the R-4 zone)S
Section 11
.The “Minimum Landscape Area(8)” section of Table 9.3215 of the Eugene
Code, 1971, is amended to provide as follows:
Table 9.3215 S-DW Downtown Westside Special Area Zone
Development Standards
S-DW
Minimum Landscape Area
(8)20% of development
(Landscape areas may include rooftops or terraces site
accessible to building occupants.)
Section 12
.Subsection (4)(e) of Section 9.3970 of the Eugene Code, 1971, is amended
to provide as follows:
9.3970S-WS Walnut Station Special Area Zone Development Standards Applicable to
All Properties in the Walnut Station Special Area Zone.
(4)
Parking Requirements.
(e)Bicycle parking.The following minimum bicycle parking standards apply
instead of the standards in Table 9.6105(5). Uses shall provide a
minimum number of bicycle parking spaces as designated in Table
9.3970(4)(e) below. Where two options are provided (e.g.,4 spaces, or
1 per dwelling), the option resulting in more bicycle parking shall be
used. The remaining standards in EC 9.6105 (1-4) and EC 9.6110 are
applicable within the S-WS zone.
Ordinance -Page 4of 15
Section 13
.The “Runway 3-21 Approach Sectors” section in subsection (3) of Section
9.4130 of the Eugene Code, 1971, is repealed.
Section 14
.Subsection (2)(a) of Section 9.6210 of the Eugene Code, 1971, is amended
to provide as follows:
9.6210Description of Landscape Standards.
(2)Low Screen Landscape Standard (L-2).
(a)Required Plant Materials. Low Screen Landscape Standard (L-2)
requires the installation and maintenance of all of the following:
1.Low shrubs to form a continuous screen at least 30 inches high
within 3 years and maintained at a height not to exceed 42 inches.
2.1 canopy tree per 30 linear feet as measured along the lot line.
3.Living plant materials covering a minimum of 70 percent of the
required landscape area within 3 years of planting.
A masonry wall or a berm between 30 and 42 inches high shall be
permitted as a substitute for the required low shrubs, but the trees and
other plant materials are still required. When applied along street lot
lines, the masonry wall is to be placed farthest from the street with the
required landscaping in between the wall and street. When applied
along an abutting property the masonry wall may be placed along the
(See Figure 9.6210(2) Low Screen Landscape L-2.)
interior lot line.
Section 15
.Subsection (4)(a) of Section 9.6640 of the Eugene Code, 1971, is amended
to provide as follows:
9.6640General Provisions.
(4)Location Standards.
(a)Setbacks. All signs shall comply with the setback requirements
beginning at EC 9.2000 through EC 9.3980and EC 9.6745 Setbacks -
Intrusions Permitted. Signs may be installed up to 5 feet into the
required front yard setback except that freestanding signs up to 5 feet in
height in the E-1 zone may be installed at least 5 feet from the front
property line.
Section 16
.Section 9.7000 of the Eugene Code, 1971, is amended to provide as follows:
9.7000Introduction.
Review of an application to annex property, divide land, develop or
use property, or amend this land use code, the Metro Plan, or a refinement plan,
shall be processed as provided in sections 9.7000 through 9.7835.
Section 17
.Section 9.7015 of the Eugene Code, 1971, is amended to provide as follows:
Ordinance -Page 5of 15
9.7015Application Completeness Review.
The city shall review an application, other
than a partition or subdivision final plat, and, within 30 days of its receipt, notify the
applicant as to whether the application is complete. If the city determines that the
application contains sufficient information for review, the city shall advise the
applicant in writing that the application is deemed complete and begin the
application review process. If the city determines that the application is incomplete,
the city shall advise the applicant in writing of the necessary missing information.
The city shall begin review of the application either:
(1)
Upon receipt of all of the missing information requested by the city; or
(2)
Upon receipt of some of the missing information and a written statement from
the applicant indicating that none of the other missing information will be
provided; or
(3)
Upon receipt of a written statement from the applicant indicating that none of
the missing information will be provided.
st
On the 181day after being first submitted, the application will be void if the
applicant has been notified of the missing information and has not complied with (1),
(2), or (3) of this section.
Section 18
.Subsection (6) of Section 9.7230 of the Eugene Code, 1971, is amended to
provide as follows:
9.7230Expiration.
(6)
Approvals forsite review and standards review not considered as part of
another land use application and modifications of such approvals shall be
effective for 18 months after the effective date of approval. Within that time,
the applicant shall submit a final plan and an application for a development
permit. Prior to the expiration date, the applicant may submit a modification
requesting a change to the commencement or expiration time period. Site
review or standards review approvals that are considered as part of another
land use application shall be effective for the same time period as the primary
land use application.
Section 19
.Section 9.7405 of the Eugene Code, 1971, is amended to provide as follows:
9.7405Type IV Application Requirements and Criteria Reference.
The following
applications are reviewed under the Type IV review process according to the
requirements and criteria set forth for each application as reflected in the beginning
reference column in Table 9.7405.
Table 9.7405 Type IV Application Requirements and Criteria
Type IV ApplicationsBeginning Reference
Refinement Plan Amendment, Site Specific ChangeEC 9.8421
Land Use Code Amendment, Site Specific ChangeEC 9.8060
Street Name ChangeEC 9.8475
Zone Changes Processed Concurrent with a site specific EC 9.8850
Refinement Plan amendment*
Ordinance -Page 6of 15
*A zone change to apply the /ND overlay zone shall be processed according to EC
9.4260.
Section 20
.Section 9.7505 of the Eugene Code, 1971, is amended to provide as follows:
9.7505Type V Application Requirements and Criteria Reference.
The following
applications are reviewed under the Type V review process according to the
requirements and criteria set forth for each application as reflected in the beginning
reference column in Table 9.7505:
Table 9.7505 Type V Application Requirements and Criteria
Type V ApplicationsBeginning Reference
Land Use Code Amendments that are not limited to a specific siteEC 9.8060
Refinement Plan Amendments to policies and/or maps that are not EC 9.8421
limited to a specific site
Refinement Plan Adoption or UpdateEC 9.8421
Zone Change concurrent with a Code AmendmentEC 9.8850
Special Area Zone Establishment or AmendmentEC 9.3000
Section 21
.Subsection (8) of Section 9.7810 of the Eugene Code, 1971, is repealed and
the subsequent subsections are renumbered to provide as follows:
9.7810Annexation –Application Requirements.
An application for annexation under the
provisions of EC 9.7800 –9.7835 may be initiated by motion of the city council or by
the filing of an application for an annexation. In addition to the provisions in EC
9.7010 Application Filing, an application for annexation shall include the following:
(8)
A list of the public service districts presently providing services to the land
proposed for annexation (See EC 9.7835).
(9)
A written narrative addressing the proposal’s consistency with the approval
criteriaset out at EC 9.7825.
Section 22
.Subsection (1) of Section 9.8005 of the Eugene Code, 1971, is amended to
provide as follows:
9.8005Applicability and Effect of Application Requirements, Criteria, and Concurrent
Review.
(1)
Additional provisions addressing the applicability of sections 9.8000 through
9.8865 are found in EC 9.2000 through 9.3980, which identify various uses
that require approval of a particular land use application. Land use
applications referred to in EC 9.8000 through 9.8865 are subject to the
procedural requirements in EC 9.7000 through 9.7835, Application
Procedures, and any additional requirements of EC 9.8000 through 9.8865.
To the extent there is a conflict, the provisions in EC 9.8000 through 9.8865
control.
Ordinance -Page 7of 15
Section 23
.Section 9.8085 of the Eugene Code, 1971, is amended to provide as follows:
9.8085Conditional Use Permit Application Requirements.
Conditional use applications
shall be processed in accordance with the application procedures contained in EC
9.7000 through 9.7835, Application Procedures. When a conditional use permit is
required for the proposed use, no development permit application shall be accepted
by the city until the hearings official or planning commission approves the
conditional use permit, and then only in accordance with the terms and conditions of
that conditional use permit. If the proposal includes needed housing, as defined by
state statutes, the written statement submitted with the conditional use permit
application shall clearly state whether the applicant is electing to use the general
approval criteria in EC 9.8090 Conditional Use Permit Approval Criteria -General
instead of the approval criteria found in EC 9.8100 Conditional Use Permit Approval
Criteria -Needed Housing.
Section 24
.Subsection (8)(a) of Section 9.8090 of the Eugene Code, 1971, is amended
to provide as follows:
9.8090Conditional Use Permit Approval Criteria -General.
A conditional use permit
shall be granted only if the proposal conforms to all of the following criteria:
(8)
The proposal complies with all applicable standards, including but not limited
to:
(a)EC 9.2000 through 9.3980regarding lot dimensions, solar standards,
and density requirements for the subject zone;
Section 25
.Subsection (1)(a) of Section 9.8215 is amended to provide as follows:
9.8215Partition, Tentative Plan Approval Criteria-General.
The planning director shall
approve, approve with conditions, or deny a partition, with findings and conclusions.
Approval, or approval with conditions, shall be based on compliance with the
following criteria:
(1)
The proposed partition complies with all of the following, unless specifically
exempt from compliance through a code provision applicable to a special area
zone or overlay zone:
(a)Lot standards of EC 9.2000 through 9.3980regarding applicable parcel
dimensions and density requirements. Within the /WR Water Resources
Conservation Overlay Zone or the /WQ Water Quality Overlay Zone, no
new lot may be created if more than 33% of the lot, as created, would
be occupied by either:
1.The combined area of the /WR conservation setback and any
portionof the Goal 5 Water Resource Site that extends landward
beyond the conservation setback; or
2.The /WQ Management Area.
Ordinance -Page 8of 15
Section 26
.Subsection (2)(a) of Section 9.8220 of the Eugene Code, 1971, is amended
to provide as follows:
9.8220Partition, Tentative Plan Approval Criteria-Needed Housing.
The planning
director shall approve, conditionally approve, or deny the partition application.
Unless the applicant elects to use the general criteria contained in EC 9.8215
Partition, Tentative Plan Approval Criteria-General, where the applicant proposes
needed housing, as defined by the State statutes, the planning director shall
approve or approve with conditions a partition based on compliance with the
following criteria:
(2)
Theproposed partition complies with all of the following:
(a)Lot standards of EC 9.2000 through 9.3980regarding applicable parcel
dimensions and density requirements. Within the /WR Water Resources
Conservation Overlay Zone or /WQ Water Quality Overlay Zone, no new
lot may be created if more than 33% of the lot, as created, would be
occupied by either:
1.The combined area of the /WR conservation setback and any
portion of the Goal 5 Water Resource Site that extends landward
beyond the conservation setback; or
2.The /WQ Management Area.
Section 27
.Subsection (10)(a)of Section 9.8320 of the Eugene Code, 1971, is amended
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:
(10)
The PUD complies with all of the following:
(a)EC 9.2000 through 9.3980regarding lot dimensions and density
requirements for the subject zone. Within the /WR Water Resources
Conservation Overlay Zone or /WQ Water Quality Overlay Zone, no new
lot may be created if more than 33% of the lot, as created, would be
occupied by either:
1.The combined area of the /WR conservation setback and any
portion of the Goal 5 Water Resource Site that extends landward
beyond the conservation setback; or
2.The /WQManagement Area.
Section 28
.Subsection (7)(a) of Section 9.8325 of the Eugene Code, 1971, is amended
to provide as follows:
9.8325Tentative Planned Unit Development Approval Criteria -Needed Housing.
The
hearings official shall approve, conditionally approve, or deny the PUD application
with findings and conclusions. Unless the applicant elects to use the general criteria
contained in EC 9.8320 Tentative Planned Unit Development Approval Criteria -
Ordinance -Page 9of 15
General, where the applicant proposes needed housing, as defined by the State
statutes, the hearings official shall approve or approve with conditions a PUD based
on compliance with the following criteria:
(7)
The PUD complies with all of the following:
(a)EC 9.2000 through 9.3980regarding lot dimensions and density
requirements for the subject zone. Within the /WR Water Resources
Conservation Overlay Zone or /WQ Water Quality Overlay Zone, no
new lot may be created if more than 33% of the lot, as created, would
be occupied by either:
1.The combined area of the /WR conservation setback and any
portion of the Goal 5 Water Resource Site that extends landward
beyond the conservation setback; or
2.The /WQ Management Area.
Section 29
.Subsection (3) of Section 9.8360 of the Eugene Code, 1971, is repealed and
the subsequent subsections are renumbered to provide as follows:
9.8360Planned Unit Development, Final Plan Application Requirements.
In addition to
the provisions in EC 9.7010 Application Filing, the following specific requirements
apply to PUD final plan applications:
(3)
When a PUD or any phase thereof is submitted for final approval, each design
team member shall provide written certification that the portion of the project in
which he or she was involved continues to comply with the approved tentative
plan conditions of approval.
(4)
Public improvements as required by this land use code or as a condition of
tentative plan approval have been completed, or:
(a)A performance bond or suitable substitute as agreed upon by the city
has been filed with the city finance officer in an amount sufficient to
assure the completion of all required public improvements; or
(b)A petition for public improvements and for the assessment of the real
property for the improvements has been signed by the property owner
seeking the subdivision, and the petition has been accepted by the city
engineer.
Section 30
.Section 9.8423 of the Eugene Code, 1971, is amended to provide as follows:
9.8423General Requirements.
Applications for refinement plan amendments shall be
submitted on a form approved by the city manager and reviewed under a Type IV
process for site specific amendments or otherwise, a Type V process according to
EC 9.7000 through 9.7835Application Procedures.
Section 31
.Subsection (3) of Section 9.8430 of the Eugene Code, 1971, is repealed.
Section 32
.Subsection (5)(a) of Section 9.8440 of the Eugene Code, 1971, is amended
to provide as follows:
Ordinance -Page 10of 15
9.8440Site Review Approval Criteria-General
. The planning director shall approve,
conditionally approve, or deny the site review application. Approval or conditional
approval shall be based on compliance with the following criteria:
(5)
The proposal complies with all of the following standards:
(a)EC 9.2000 through 9.3980regarding lot dimensions and density
requirements for the subject zone.
Section 33
.Subsection (4)(a) of Section 9.8445 of the Eugene Code, 1971, is amended
to provide as follows:
9.8445Site Review Approval Criteria-Needed Housing.
The planning director shall
approve, conditionally approve, or deny the site review application. Unless the
applicant elects to use the general criteria contained in EC 9.8440 Site Review
Approval Criteria -General, wherethe applicant proposes needed housing, as
defined by the State statutes, the planning director shall approve or approve with
conditions a site review based on compliance with the following criteria:
(4)
The proposal complies with allof the following standards:
(a)EC 9.2000 through 9.3980regarding lot dimensions and density
requirements for the subject zone.
Section 34
.Subsection (1)(a) of Section 9.8515 of the Eugene Code, 1971, is amended
to provide as follows:
9.8515Subdivision, Tentative Plan Approval Criteria -General.
The planning director
shall approve, approve with conditions, or deny a proposed subdivision. Approval,
or approval with conditions shall be based on compliance with the following criteria:
(1)
The proposed subdivision complies with the following, unless specifically
exempt from compliance through a code provision applicable to a special area
zone or overlay zone:
(a)EC 9.2000 through 9.3980regarding lot dimensions and density
requirements for the subject zone. Within the /WR Water Resources
Conservation Overlay Zone or /WQ Water Quality Overlay Zone, no new
lot may be created if more than 33% of the lot, as created, would be
occupied by either:
1.The combined area of the /WR conservation setback and any
portion of the Goal 5 Water Resource Site that extends landward
beyond the conservation setback; or
2.The /WQ Management Area;
Section 35
.Subsection (3) of Section 9.8520 of the Eugene Code, 1971, is amended to
provide as follows:
9.8520Subdivision, Tentative Plan Approval Criteria -Needed Housing.
The planning
director shall approve, conditionally approve, or deny the subdivision application.
Unless the applicant elects to use the general criteria contained in EC 9.8515
Ordinance -Page 11of 15
Subdivision, Tentative Plan Approval Criteria-General, where the applicant
proposes needed housing, as defined by the State statutes, the planning director
shall approve or approve with conditions a subdivision based on compliance with
the following criteria:
(3)
The proposed subdivision complies with all of the following, unless specifically
exempt from compliance through a code provision applicable to a special area
zone or overlay zone:
(a)EC 9.2000 through 9.3980regarding lot dimensionsand density
requirements for the subject zone. Within the /WR Water Resources
Conservation Overlay Zone or /WQ Water Quality Overlay Zone, no
new lot may be created if more than 33% of the lot, as created, would
be occupied by either:
1.The combined area of the /WR conservation setback and any
portion of the Goal 5 Water Resource Site that extends landward
beyond the conservation setback; or
2.The /WQ Management Area.
Section 36
.Subsection (3) of Section 9.8705 of the Eugene Code, 1971, is amended to
provide as follows:
9.8705Applicability of Vacation Procedures.
(3)
Vacation of public ways and public easements may be applied for by private
citizens, public agencies, or the city council in accordance with EC 9.7000
through 9.7835Application Procedures.
Section 37
.Subsections (1) and (2) of Section 9.8710 of the Eugene Code, 1971, are
amended to provide as follows:
9.8710Vacations, Application Requirements.
(1)
Vacation of unimproved public easements shall be considered in accordance
with the Type I Application Procedures contained in EC 9.7000 through
9.7835and the approval criteria contained in EC 9.8715. In the case of public
utility easements, statements ofconcurrence with the vacation from affected
utility providers must be submitted with the application.
(2)
Vacation of improved public easements, unimproved public right-of-way, and
vacation and rededication of unimproved public rights-of-way, except
improved public easements and public right-of-way located within
undeveloped subdivision or partition plats, shall be considered in accordance
with the Type II Application Procedures contained in EC 9.7000 through
9.7835and the approval criteria contained in EC 9.8720. In the case of public
utility easements, letters of concurrence to the vacation from affected utility
providers must be submitted with the application.
Section 38
.Section 9.8750 of the Eugene Code, 1971, is amended to provide as follows:
9.8750Purpose of Variances
. The provisions of EC 9.5750(9), 9.6708, and 9.8750
Ordinance -Page 12of 15
through 9.8760 allow for partial or full exemption from specific land use code
standards only when, because of special circumstances applicable to the property,
including location, shape, size, surroundings, or topography, the strict application of
those regulations would deny the property owner uses enjoyed by other property
owners in the vicinity and under identical zones. Any variance granted shall be
subject to conditions that ensure the variance does not constitute a granting of
special uses inconsistent with the limitations upon other properties in the vicinity and
zone in which the property is situated. The city shall not grant variances which allow
uses not on the applicable list of allowed uses specified in EC 9.2000 through
9.3980of this land use code.
Section 39
.Subsection (1) of Section 9.8755 of the Eugene Code, 1971, is amended to
provide as follows:
9.8755Applicability.
Unless specified otherwise in another land use code section, the
planning director may grant variances only to the standards prescribed in:
(1)
EC 9.2000 to 9.3980for the following:
(a)Building Height.
(b)Fences and Walls.
(c)Front Yard Setbacks.
(d)Interior Yard Setbacks.
Section 40
.Subsection (4) of Section 9.8760 of the Eugene Code, 1971, is amended to
provide as follows:
9.8760Approval Criteria for Variances.
The planning director shall approve, conditionally
approve, or deny a variance, with findings and conclusions thereon following a Type
II process. Approval, or conditional approval shall be based on compliance with all
the following criteria:
(4)
In addition to the above criteria, the following 3 criteria apply to variances
from codesections that apply to EC 9.6410 Motor Vehicle Parking Standards,
and from EC 9.2000 to 9.3980base zone regulations as applied to fences
and walls.
(a)Neither present nor anticipated future traffic volumes generated by the
use of the site or uses of thesites in the vicinity reasonably require strict
or literal interpretation and enforcement of the specified regulation.
(b)The granting of the variance will not result in the parking or loading of
vehicles on public streets in such a manner as to interfere with the free
flow of traffic on the streets.
(c)The granting of the variance will not create a safety hazard or any other
condition inconsistent with the objectives of this land use code.
Section 41
.Subsection (1) of Section 9.8810 of theEugene Code, 1971, is amended to
provide as follows:
Ordinance -Page 13of 15
9.8810General Requirements.
(1)
Willamette Greenway permit applications shall be considered in accordance
with the Type III application procedures contained in EC 9.7000 through EC
9.7835Application Procedures unless considered concurrently with a Type IV
or Type V application.
Section 42
.Subsection (5) of Section 9.8855 of the Eugene Code, 1971, is amended to
provide as follows:
9.8855Applicability.
Changes in zoning, including the application of or change of an
overlay zone or special area zone shall be processed as a Type III application as
provided in EC 9.7300 through EC 9.7340 Type III Application Procedures, with the
following exceptions:
(5)
The proposed zone change is processed concurrently with an amendment to
this land use code; in which case, the zone change shall be processed as a
Type IV orType V application as provided in EC 9.7400 through EC 9.7455
Type IV Application Proceduresand EC 9.7500 through EC 9.7560 Type V
Application Procedures.
Section 43.
The findings set forth in ExhibitAattached to this Ordinance are adopted as
findings in support of this Ordinance.
Section 44.
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 45.
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.
Ordinance -Page 14of 15
Findings
AnnualMaintenance of the Land Use Code
(City File CA 16-3)
Findings
Eugene Code Section 9.8065 requires that the following approval criteria (in bold italics) be applied to a code
amendment:
(1) The amendment is consistent with applicable statewide planning goals adopted by the Land
Conservation and Development Commission.
Goal 1 - Citizen Involvement. To develop a citizen involvement program that insures the opportunity for citizens
to be involved in all phases of the planning process.
The City has acknowledged provisions for citizen involvement which insure the opportunity for citizens to be
involved in all phases of the planning process and set out requirements for such involvement. The
amendments do not amend the citizen involvement program. The process for adopting these amendments
complied with Goal 1 because it is consistent with the citizen involvement provisions.
A Notice of Proposed Amendment was filed with the Oregon Department of Land Conservation and
Development on June 6, 2016. A public hearing was scheduled before the Planning Commission on July 12,
2016. A public hearing before the City Council was held October 24, 2016. Consistent with code requirements,
the Planning Commission public hearing on the proposal was duly noticed to all neighborhood organizations in
Eugene, community groups and individuals who have requested notice. In addition, notice of the public
hearing was also published in the Register Guard. Information concerning the proposed amendments the
dates of the public hearings were posted on the City of Eugene websites.
These processes afford ample opportunity for citizen involvement consistent with Goal 1. Therefore, the
ordinance is consistent with Statewide Planning Goal 1.
Goal 2 - Land Use Planning. To establish a land use planning process and policy framework as a basis for all
decisions and actions related to use of land and to assure an adequate factual basis for such decisions and
actions.
Eugene’s land use code specifies the procedure and criteria that were used in considering these amendments.
The record shows that there is an adequate factual base for the amendments. The Goal 2 coordination
requirement is met when the City engages in an exchange, or invites such an exchange, between the City and
any affected governmental unit and when the City uses the information obtained in the exchange to balance
the needs of the citizens.
To comply with the Goal 2 coordination requirement, the City engaged in an exchange about the subject of
these amendments with all of the affected governmental units. Specifically, the City provided notice of the
proposed action and opportunity to comment to the Oregon Department of Land Conservation and
Development. There are no exceptions to Statewide Planning Goal 2 required for these amendments.
Therefore, the amendments are consistent with Statewide Planning Goal 2.
Exhibit A: Findings - 1
Goal 3 - Agricultural Lands. To preserve agricultural lands.
The amendments are for property located within the urban growth boundary and do not affect any land
designated for agricultural use. Therefore, Statewide Planning Goal 3 does not apply.
Goal 4 - Forest Lands. To conserve forest lands.
The amendments are for property located within the urban growth boundary and do not affect any land
designated for forest use. Therefore, Statewide Planning Goal 4 does not apply.
Goal 5 - Open Spaces, Scenic and Historic Areas, and Natural Resources. To conserve open space and protect
natural and scenic resources.
OAR 660-023-0250(3) provides: Local governments are not required to apply Goal 5 in consideration of a PAPA
unless the PAPA affects a Goal 5 resource. For purposes of this section, a PAPA would affect a Goal 5 resource
only if:
(a)The PAPA creates or amends a resource list or a portion of an acknowledged plan or land use
regulation adopted in order to protect a significant Goal 5 resource or to address specific requirements
of Goal 5;
(b)The PAPA allows new uses that could be conflicting uses with a particular significant Goal 5 resource
site on an acknowledged resource list; or
(c)The PAPA amends an acknowledged UGB and factual information is submitted demonstrating that a
resource site, or the impact areas of such a site, is included in the amended UGB area.
These amendments do not create or amend the City’s list of Goal 5 resources, do not amend a code provision
adopted in order to protect a significant Goal 5 resource or to address specific requirements of Goal 5, do not
allow new uses that could be conflicting uses with a significant Goal 5 resource site and do not amend the
acknowledged urban growth boundary. Therefore, Statewide Planning Goal 5 does not apply.
Goal 6 - Air, Water and land Resource Quality. To maintain and improve the quality of the air, water and land
resources of the state.
Goal 6 addresses waste and process discharges from development, and is aimed at protecting air, water and
land from impacts from those discharges. The amendments to not affect the City’s ability to provide for clean
air, water or land resources. Therefore, Statewide Planning Goal 6 does not apply.
Goal 7 - Areas Subject to Natural Disasters and Hazards. To protect life and property from natural disasters
and hazards.
Goal 7 requires that local government planning programs include provisions to protect people and property
from natural hazards such as floods, landslides, earthquakes and related hazards, tsunamis and wildfires. The
Goal prohibits a development in natural hazard areas without appropriate safeguards. The amendments do
not affect the City’s restrictions on development in areas subject to natural disasters and hazards. Further, the
amendments do not allow for new development that could result in a natural hazard. Therefore, Statewide
Planning Goal 7 does not apply.
Goal 8 - Recreational Needs. To satisfy the recreational needs of the citizens of the state and visitors, and where
appropriate, to provide for the siting of necessary recreational facilities including destination resorts.
Goal 8 ensures the provision of recreational facilities to Oregon citizens and is primarily concerned with the
Exhibit A: Findings - 2
provision of those facilities in non-urban areas of the state. The amendments do not affect the City’s
provisions for or access to recreation areas, facilities or recreational opportunities. Therefore, Statewide
Planning Goal 8 does not apply.
Goal 9 - Economic Development. To provide adequate opportunities throughout the state for a variety of
economic activities vital to the health, welfare, and prosperity of Oregon’s citizens.
Goal 9 requires cities to evaluate the supply and demand of commercial land relative to community economic
objectives. The amendments do not impact the supply of industrial or commercial lands. Therefore, the
amendments are consistent with Statewide Planning Goal 9.
Goal 10 - Housing. To provide for the housing needs of citizens of the state.
Goal 10 requires communities to provide an adequate supply of residential buildable land to accommodate
estimated housing needs for a 20-year planning period. The amendments do not impact the supply of
residential buildable land. No land is being re-designated from residential use to a nonresidential use, and the
amendments do not otherwise diminish the lands available for residential use. Therefore, the amendments
are consistent with Statewide Planning Goal 10.
Goal 11- Public Facilities and Services. To plan and develop a timely, orderly and efficient arrangement of public
facilities and services to serve as a framework for urban and rural development.
The amendments do not affect the City’s provision of public facilities and services. Therefore, Statewide
Planning Goal 11 does not apply.
Goal 12- Transportation. To provide and encourage a safe, convenient and economic transportation system.
The Transportation Planning Rule (OAR 660-012-0060) contains the following requirement:
(1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation
(including a zoning map) would significantly affect an existing or planned transportation facility, then the
local government must put in place measures as provided in section (2) of this rule, unless the
amendment is allowed under section (3), (9) or (10) of this rule. A plan or land use regulation amendment
significantly affects a transportation facility if it would:
(a) Change the functional classification of an existing or planned transportation facility (exclusive of
correction of map errors in an adopted plan);
(b) Change standards implementing a functional classification system; or
(c) Result in any of the effects listed in paragraphs (A) through (C) of this subsection based on
projected conditions measured at the end of the planning period identified in the adopted TSP. As
part of evaluating projected conditions, the amount of traffic projected to be generated within the
area of the amendment may be reduced if the amendment includes an enforceable, ongoing
requirement that would demonstrably limit traffic generation, including, but not limited to,
transportation demand management. This reduction may diminish or completely eliminate the
significant effect of the amendment.
(A)Types or levels of travel or access that are inconsistent with the functional classification of an
existing or planned transportation facility;
(B)Degrade the performance of an existing or planned transportation facility such that it would
not meet the performance standards identified in the TSP or comprehensive plan; or
(C)Degrade the performance of an existing or planned transportation facility that is otherwise
projected to not meet the performance standards identified in the TSP or comprehensive plan.
Exhibit A: Findings - 3
The amendments do not change the functional classification of a transportation facility, change the standards
implementing a functional classification system or degrade the preformation of a facility otherwise projected
to not meet performance standards. Therefore, the amendments do not have a significant effect under (a), (b)
or (c). Therefore, the amendments do not significantly affect any existing or future transportation facilities.
Based on the above findings, the amendment is consistent with Statewide Planning Goal 12.
Goal 13 - Energy Conservation. To conserve energy.
The amendments do not impact energy conservation. Therefore, Statewide Planning Goal 13 does not apply.
Goal 14 - Urbanization. To provide for an orderly and efficient transition from rural to urban land use.
The amendments do not affect the City’s provisions regarding the transition of land from rural to urban uses.
Therefore, Statewide Planning Goal 14 does not apply.
Goal 15 - Willamette River Greenway. To protect, conserve, enhance and maintain the natural, scenic,
historical, agricultural, economic and recreational qualities of lands along the Willamette River as the
Willamette River Greenway.
The amendments do not contain any changes that affect the Willamette River Greenway regulations,
therefore, Statewide Planning Goal 15 does not apply.
Goal 16 through 19 - Estuarine Resources, Coastal Shorelands, Beaches and Dunes, and Ocean Resources.
There are no coastal, ocean, estuarine, or beach and dune resources related to the property effected by these
amendments. Therefore, these goals are not relevant and the amendments will not affect compliance with
Statewide Planning Goals 16 through 19.
(2) The amendment is consistent with applicable provisions of the Metro Plan and applicable adopted
refinement plans.
The amendments do not include any change in adopted land use designations or policy, nor does it change any
requirements in the City’s land use code concerning compliance with the Metro Plan and applicable
refinement plans. There are no policies or other applicable provisions in the Metro Plan or adopted
refinement plans that specifically serve as mandatory approval criteria in this instance or otherwise limit the
expiration period for approved land use applications. Therefore, the amendments comply with the above
criterion.
(3) The amendment is consistent with EC 9.3020 Criteria for Establishment of an S Special Area Zone, in
the case of establishment of a special area zone.
The amendments do not establish a special area zone. Therefore, this criterion does not apply.
Exhibit A: Findings - 4