HomeMy WebLinkAboutOrdinance No. 20417
~~~
COUNCIL ORDINANCE NUMBER 20417
COUNCIL BILL NUMBER 4979
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, 9.6790 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.
ADOPTED: August 11, 2008
PASSED: 5/3
REJECTED:
OPPOSED: Clark, Pryor, Solomon
ABSENT:
EFFECTIVE: September 13, 2008
or upon date of its acknowledgement
as provided by ORS 197.625,
whichever date is later.
follows:
9.0020
Ordinance - 1
ORDINANCE NO. 20417
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, 9.6790 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
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 Manaqement 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)
U) 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)
(I) 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)
(0) 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:
(a) Attain community goals and policies.
(b) Allow amendments to local plans and regulatory measures to address
changes in circumstances and public values.
(c) Ensure an appropriate mix of land uses that provide the economic and
social advantages which result from an orderly, planned use of land.
(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.
(e) Preserve and restore significant historic resources and increase public
awareness of the community's historic and cultural heritage.
(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
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:
Ordinance - 2
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 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.
(See Figure 9.2775(2) Residential Flag Lot Description.)
Kennel. An establishment or premises on which 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, not including the temporary
keeping of one additional dog for up to 6 months in any 12-month period. 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:
9.2160
Commercial Zone Land Use and Permit Reauirements. 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.
Ordinance - 3
(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 Reauirements. 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 Reauirements. 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
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
Ordinance - 4
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:
9.2683
Special 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
Applicabilitv, such use shall be subject to an approved site review application
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 Reauirements. 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 approved final
planned unit development.
Subject to an approved conditional use permit or an approved final
planned unit development.
Permitted, subject to an approved final planned unit development.
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.
(#)
(C)
(PUD)
(S)
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:
Ordinance - 5
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, not including
the temporary keeping of one additional dog for up to 6 months in
any 12-month period.
(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 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:
1. The acreage of land considered part of the residential use shall
exclude public and private streets and alleys, public parks, and
other public facilities.
2. 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.
3. In calculating the maximum net density allowed for a specific lot or
development site the planning director shall round up to the next
whole number only for:
a. A lot or development site that is 13,500 square feet or more
in area;
b. A lot or development site that is not abutting the boundary
of, or directly across an alley from land zoned R-1; and
Ordinance - 6
c. Fractions of .75 or above.
In all other circumstances the planning director shall round down
to the previous whole number.
4. At the request of the developer, the acreage described in 1.,
above, 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) 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 7 feet of building height is allowed for roof slopes of 6: 12
or steeper in the R-1, R-2 and R-3 zones.
(13) Fences.
(b) Location and Heiqhts.
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 front 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.
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.
Ordinance - 7
Table 9.2760 Residential Zone Lot Standards
(See EC 9.2761 Special Standards for Table 9.2760.)
R-1 R-1.5 R-2 R-3
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 shall be indicated on the square feet
final subdivision plat as
developable as a duplex.
Such lots may not be created
by a partition. Alternatively, a
duplex lot may be located on a
corner lot that contains at least
8,000 s uare feet.
Triplex Lots (in R-1, lots shall 12,000
be indicated on the final square feet
subdivision plat as
developable as a triplex. Such
lots may not be created by a
artition.
Interior Lot
Corner Lot
Curved Lot
Cul-de-sac Bulb Lot
Residential Fla Lot 4
1 Lot 1 5 feet 1 5 feet 1 5 feet 1 5 feet
2 to 4 Lots 25 feet 25 feet 25 feet 25 feet
Rowhouse Lot 1 5 feet 1 5 feet 1 5 feet 1 5 feet 1 5 feet
Interior Lot 7 50 feet
Corner Lot 50 feet
Curved Lot 35 feet
Cul-de-sac Bulb Lot 35 feet
Residential Flag Lot (4) 50 feet
Rowhouse Lot 1 5 feet 1 5 feet 1 5 feet 1 5 feet 1 5 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
Ordinance - 8
private street or alley 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 Flao Lot Standards for R-1. R-2. R-3 and
R-4.)
(9) Lot width and lot frontage minimums in R-2, 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.
Section 12. The caption for Section 9.2775 of the Eugene Code, 1971, is
amended to provide as follows:
9.2775
Residential FlaQ 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 Reauirements. 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.
Subject to an approved conditional use permit or an approved final
planned unit development.
Permitted, subject to an approved final planned unit development.
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.
(C)
(PUD)
(S)
(#)
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.
Ordinance - 9
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 Roval Node Special Area Zone Land Use and Permit Reauirements. 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.
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 Reauirements. 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.
Subject to conditional use permit or an approved final planned unit
development.
Permitted, subject to an approved final planned unit development.
Permitted subject to zone verification and the Special Development
Standards for Certain Uses beginning at EC 9.5000.
(C)
(PUD)
(S)
(#) 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:
Ordinance - 10
9.5500
Multiple-Familv 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) Allev Access. Development sites with alley access, either at the rear
yard or along the side yard, shall use the alley to provide vehicle access
to the development site if either:
1. The alley right-of-way width is 20 feet for the length of the alley
between the development site and the street; or
2. The development site's only street frontage is on an arterial or
collector street.
In the instances described in 1. or 2., no direct access to the street,
other than by the alley, shall be permitted. (See Figure 9.5500(11 )(b)
Multiple-Family Driveways.) In other instances, alley access is
optional.
Section 17. A new Subsection (6) is added to Section 9.6790 of the Eugene
Code, 1971, to provide as follows:
9.6790
Stormwater ManaQement 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
Manaoer - Administrative and Rulemakino Authoritv 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:
(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;
Ordinance - 11
(b) The disturbance or development will not increase erosion downstream;
and
(c) The constructed pipe system is sized to convey all of the runoff from the
upstream watershed when the upstream watershed is completely
developed.
Section 18. 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 19. A new Section 9.7007 is added to the Eugene Code, 1971, to
provide as follows:
9.7007
Neiahborhood/Applicant Meetinas.
(1) This section applies to the following types of land use applications:
(a) Type II: 3-lot partitions, tentative subdivisions and tentative cluster
subdivisions;
(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
Ordinance - 12
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 anyone 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 provide the proposed site plan at the meeting for review.
(9) 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.
(10) The applicant is required to hold one meeting prior to submitting an application
for a specific site, but may hold additional meetings if desired.
(11) If an applicant fails to include in its application the materials described in EC
9.7010, the application shall be deemed incomplete.
(12) 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, or if the site plan submitted with the application does not substantially
conform to the site plan provided at the meeting, the applicant shall be
required to hold a new neighborhood/applicant meeting.
Ordinance - 13
follows:
9.7010
Section 20. Section 9.7010 of the Eugene Code, 1971, is amended to provide as
Application Filina. 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 oJ 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;
(3) A copy of the meeting notes and sign-in sheet described at EC 9.7007(9); and
(4) A copy of the site plan presented at the meeting.
Section 21. 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
Application Type Planning Hearings Historic Planning City
Director Official Review Commission Council
Board
Partition:
- Tentative Plan II 0 A
- Final Plat I 0
Subdivision:
- Tentative Plan II 0 A
- Final Plat I 0
Section 22. Table 9.7105 in Section 9.7105 of the Eugene Code, 1971, is
amended to provide as follows:
9.7105
Type I Application Reauirements and Criteria Reference. The following
applications are reviewed under the Type I process according to the requirements
Ordinance - 14
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 Applications Beginning 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
IWR Water Resources Conservation Overlay Zone - Map or Zone Error EC 9.4960(2)
Section 23. 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 T pe II Application Requirements and Criteria
Be innin Reference
Section 24. 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.
Ordinance - 15
Ap lication
Table 9.7230 Expiration of T pe II Application Approvals
12 months 18 months 36 months
Partition:
- Tentative Plan
Su bd ivis ion:
- Tentative Plan
x
x
Section 25. A new Subsection (16) is added to Section 9.8320 of the Eugene
Code, 1971, to provide as follows:
9.8320
follows:
9.8430
Tentative 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 26. Section 9.8430 of the Eugene Code, 1971, is amended to provide as
Applicabilitv. Site review provisions shall be applied when any of the following
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 Housinq 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
Ordinance - 16
shall be issued by the city prior to approval of the site review application, or the final
planned unit development application.
Section 27. Section 9.8555 of the Eugene Code, 1971, is amended to provide as
follows:
9.8555
Applicabilitv of Subdivision. Final Plat Applications. A subdivision final plat
application follows a Type 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 28. 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 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, not including the temporary keeping of one
additional dog for up to 6 months in any 12-month period. 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.
Section 29. 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 30. The City Recorder, at the request of, or with the concurrence of the
City Attorney, is authorized to administratively correct any reference errors contained
Ordinance - 17
herein or in other provisions of the Eugene Code, 1971 to the provisions added,
amended, or repealed herein.
Section 31. The legislative findings attached as Exhibit A hereto are adopted in
support of this Ordinance.
Section 32. 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
11th day of August, 2008
Approved by the Mayor this
~ day of August, 2008
\M~~~t
Ordinance - 18
Fig u re
9.2751 (13)(b)1.
Fences
STREET
I-
ill
g:
C/)
For corner lots,
fences up to 6' in
height allowed
within one front
yard setback, so
long as the fence
does not extend
past a line
created by an
extension of the
front wall of the
dwelling
42-inch fence
permitted
within front
yard setback
Figure
9.0500
Building Height Calculation
Case 1
~~I~E~T!A!: Z,?,!E~ -_Hi2.h~t ~o~t ~ ~of
ALL OTHER ZONES
---- - -... - - - - - - - -Mid~P~~tof th'"e- -
Highest Slope
5 Feet
D
tl)
c::
~
'S
CIl
....
o
~
'm
1:
Grade
5 Feet
tl)
.c::
~
'S
CIl
....
o
~
tl)
~
Grade Reference Datum Line
---------------------------------------------------
Case 2
~E~I~E~T!A!: Z,?,!E~ -!"ii2.he~t ~o~t ~ ~of
Grade Reference
Datum Line J
"""f-"""" """"""""
5 Feet
Grade
ALL OTHER ZONES
......................... .
Mid-Point of the
Highest Slope
5 Feet
D
tl)
c::
~
'S
CIl
....
o
~
tl)
~
c
cu......
.!: Q.)
...... Q.)
Q.)LL
.....0
~~
Q)
Q.)
LL
o
~
tl)
c::
~
S
CIl
....
o
~
.~
1:
Figure
9.5500(11 )(b)
Multiple-Family Driveways
Development sites with alley access. either at the rear yard
or along the side yard. shall use the alley to provide vehicle
access to the development site if either:
1. The alley right-of-way width is 20 feet for the length of
the alley between the development site and the street;
or
2. The development site's only street frontage is on an
arterial or collector street.
In the instances described in 1. or 2., no direct access to the
street. other than by the alley, shall be permitted. In other
instances, al~ey access is optional. H;
1
Head-In
Parking
Parking
Drive
!
Street
Two-way driveways shall be a
minimum width of 20 feet, one-way
driveways shall be a minimum width of
12 feet. The maximum driveway width
is 28 feet.
All driveways shall be perpendicular
to the street they connect to.
30
(
I'
I
I
I.
j'
I
)
c
EXHIBIT A
Findings
Code Amendment Eugene Code Section 9.8065 requires that the following approval criteria (in
bold and 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] - 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 action taken did 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. Specifically, the Planning Commission held a series of public work sessions followed by
separate public hearings held by the Planning Commission and City Council. Based on this
information, the process followed 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.
The Eugene Land Use Code specifies the procedure and criteria that were used in considering these
amendments to the code. 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 Lane County, Springfield and the Department of Land Conservation and
Development.
There are no Goal 2 Exceptions required for these amendments. Therefore, the amendments are
consistent with Statewide Planning Goal 2.
Goal 3 - A!lricultural 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 - Oven 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 UGB. Therefore, Statewide Planning
Goal 5 does not apply.
Goal 6 - Air. Water and land Resource Qualitv. 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, land slides, earthquakes and related hazards,
tsunamis and wildfires. The Goal prohibits a development in natural hazard areas without
appropriate safeguards. The amendments do not effect 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.
Findings
2
GoalS ensures the provision of recreational facilities to Oregon citizens and is primarily
concerned with the provision of those facilities in non-urban areas of the state. The plan
amendments do not effect the city's provisions for recreation areas, facilities or recreational
opportunities. Therefore, Statewide Planning Goal S does not apply.
Goal 9 - Economic Develovment. To provide adequate opportunities throughout the state for a
variety of economic activities vital to the health, welfare, and prosperity of Oregon :so citizens.
The Administrative Rule for Statewide Planning Goal 9 (OAR 660, Division 9) requires cities to
evaluate the supply and demand of commercial land relative to community economic objectives.
The Eugene Commercial Land Study (October 1992) was adopted by the City of Eugene as a
refinement of the Metro Plan, and complies with the requirements of Goal 9 and its
Administrative Rule. The amendments do not impact the supply of industrial or commercial
lands. Therefore, the amendments are consistent with Statewide Planning Goal 9.
Goal 1 0 - Housinf!. To provide for the housing needs of citizens of the state.
Goal 10 requires that communities plan for and maintain an inventory of buildable residential
land for needed housing units. Although some of the amendments address residential
development standards, the land use code amendments do not impact the supply or availability of
residential lands included in the documented supply of "buildable land" that is available for
residential development as inventoried in the acknowledged 1999 Residential Lands Study.
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 effect the City's provision of public facilities and services. Therefore,
Statewide Planning Goal 11 does not apply.
Goal 12- Transvortation. To provide and encourage a safe, convenient and economic
transportation system.
The Transportation Planning Rule (OAR 660-012-0060) contains the following requirement:
(J) Amendments to functional plans, acknowledged comprehensive plans, and land use
regulations which significantly affect a transportation facility shall assure that allowed
land uses are consistent with the identified function, capacity, and performance standards
(e.g. level of service, volume to capacity ratio, etc.) of the facility....
(2) A plan or land use regulation amendment significantly affects a transportation facility if it:
(a) Changes the functional classification of an existing or planned transportation
facility;
(b) Changes standards implementing a functional classification system;
(c) Allows types or levels of land uses which would result in levels of travel or access
Findings
3
which are inconsistent with the functional classification of a transportation facility;
or
(d) Would reduce the performance standards of the facility below the minimum
acceptable level identified in the TSP
Due to the minor nature of these amendments, the amendments do not affect the provision of
safe, convenient and economic transportation systems and do not significantly affect any
transportation facilities.
Goal]3 - Enerf!V Conservation. To conserve energy.
The amendments do not impact energy conservation. Therefore, Statewide Planning Goal 13
does not apply.
Goal]4 - 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]5 - Willamette River Greenwav. 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 to not contain any changes that affect the regulation of areas within the
Willamette River Greenway. Therefore, Statewide Planning Goal 15 does not apply.
Goal]6 throuf!h ]9 - 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 code amendments include minor changes to the Land Use Code that address issues raised by
the community that are primarily related to residential development and lot configuration
standards, without raising significant policy issues. Given the minor nature of these
amendments, there are no relevant Metro Plan policies affected by this action. Furthermore, the
amendments do not address any adopted refinement plans. Therefore, no refinement plan is
affected by this action.
Findings
4
(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 to
these amendments.
Findings
5