HomeMy WebLinkAboutOrdinance No. 20250
O~INANCE NO. 20250
AN @RDINANCE CONCERNING LAND USE ~GULATIONS, AMENDING
SECTIONS 9.6738, 9~6§20 AND 9.8325 OF THE EUGENE C@DE, i971;
PROVID][NG A SEVERABILIT¥ CLAUSE; AND ?ROVIDING AN
EFFECTIVE DATE.
The City Council of the City of Eugene finds that:
A. On February 26, 2001 Ordinance No. 20224 was passed by the City Council and
approved by the Mayor, adopting a new land use code fbr the City (Chapter 9 of the Eugene Code,
1971). Section 7 of that Ordinance was subsequently amended on May 29, 2001 by Ordinance No.
20229 to provide an effective date of August 1~ 2001 for Ordinance No. 20224. Some corrections
and minor amendments to some provisions of Chapter 9 were effected by Ordinance No. 20235
passed by the City Council ~d approved by the Mayor on October 8,2001 and Ordinance No~ 20238
passed by the City Comacil and approved by the Mayor on December 10, 2001.
The adoption of Ordinance No. 20224 was appealed to the Land Use Board of
Appeals (LUBA) on March t9, 2001. On February 28, 2002, LUBA issued its decision remanding
the adoption of Ordinance 20224 back to the City. LUBA's remand of the new land use code was
based on its determinations that: 1) some sections contain standards or criteria fbr "needed housing"
applications but are not "clear and objective," 2) some sections decrease or increase the level of
protection for areas on the City's acknowledged goal 5 inventory but the Cky has not yet shown that
those changes are consistent with Storewide Planning Goal Five; and 3) some sections could decrease
the City's supply of commercial~ induStrial or residential land but the City has not yet shown that
those sections are consistent xvith Storewide Planning Goals Nine or Ten. The ef~'ect of LUBA's
Ordinance- 1
remand is to render Ordinance 20224 ineffective.
C. In response to LUBA' s remand, the City will be adopting a series of ordinances which
address issues raised by the LUBA remand. Together, the ordinances will result in the readoption
of the provisions of Ordinances No. 20224, 20235. and 20238 with deletions and changes necessary'
to comply with LUBA's ruling and the reinstatement of some provisions from the old
(acknowledged) land use code to fill in regulatory gaps caused by such deletions.
The City held a public hearing on April 8, 2002 to receive comments on the
ordinances (Ordinance 1. Ordinance 2 [this Ordinance], and Ordinance 3). Notice of this public
hearing was mailed to the parties of the LUBA appeal. Testimony was accepted from anyone, but
'was limited to those issues on remand from LUBA. These three ordinances are to be the first three
in the series of ordinances described in Recital C. This Ordinance adopts standards that are clear and
objec:rive to replace some that were remanded by LUBA.
Now, therel'ore,
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section L Section 9.6730 of the Eugene Code, 1971, is amended by adding a new
Subsection (3)(d) thereto, to provide:
9.6730 Pedestrian Circulation On-Site~
(3) Design of On-Site Pedestrian Facilities. All on-site pedestrian paths provided
for the purposes of compl'ying with this land use code shall conform with the
fbllowing standards:
(d) On-site pedestrian paths intersected by driving aisles shall be marked with
striping or constructed with a contrasting paving material to indicate a
pedestrian crossing area.
Ordinance - 2
Section 2. Section 9.6820 of the Eugene Code, 1971 is aanended by adding new Subsections
(2) and (5) thereto, and renumbering the current Subsections (2), (3), and (4) to (3), (4) and (6)
respectively, to provide:
%6820
Cul~de--Sacs.
(I) All streets that terminate shall be designed as a cul-de-sac bulb, except when
any of the following conditions exist:
(a) The street will be extended in the future.
(b) Topographic constraints, existing development, or natural f~atures prevent
the construction of a bulb. This subsection does not apply to needed
housing applications.
(c) The street is less than 150 feet long.
(2) If a street qualifies for exception under subsection (1)(a), a temporary easement
shall be provided and a turnaround constructed in an alternative location.
(3) Ifa street qualifies for an exception under subsection (1)(a) or (1)(b), a
h~erhead turnaround shall be substituted where possible.
(4) There shall be no cul-de-sacs more than 400 feet long from the centerline of the
intersecting street to the radius point of the cul-de-sac bulb.
(5) The planning dkector shall require public accessways from a cul-de-sac longer
than 150', measured from the centerline of the intersecting street to the radius
point of the cul-de-sac to provide safe, convenient, and direct circulation for
pedestrians, bicyclists, and emergency vehicles.
(6) An adjustment may be granted to the maximum cul-de-sac length if consistent
with the criteria for adjustment of EC 9.8030(12)(b) of this land use code.
SectiOn 3. Section 9.8325 of the Eugene Code, 1971, is amended by adding new Subsections
(8) and (9) thereto, al~d renumbering the current Subsections (8), (9), and (10) to (10), (11 ), and (12)
respectively, to provide:
9;8325
Tentative Planned Unit Deve[olpm~g~ 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 Plarmed Unit Development
~pr~vgi Criteria~ 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:
(8) The applicant has demonstrated that wastewater service, transportation service~
stormwater service, water service, and electrical service will be provided to the
Ordinance - 3
(9)
(11)
02)
site prior to the need for those facilities and services. Where the facility or
service is not already' serving the site, this demonstration requires evidence of at
least one of the following:
(a) Prior written commitment of public funds by the appropriate pu~blic
agencies.
(b) Prior acceptance by the appropriate public agency of a written
commitment by the applicant or other party to provide private services and
facilities.
(c) A written commitment by the applicant or other party to provide for
offsetting all added public costs or early commitment of public funds
made necessary by development~ submitted on a form acceptable to the
city manager.
Alt proposed dwellings within the PUD are within 1/4 mite radius (measured
from any- point along the perimeter of the development site) of an accessible
recreation area or open space that is at least 1 acre in size and will be available
to residents.
Lots proposed for development with one-family detached dwellings shall
comply with EC 9.2790 Solar Lot Standards (these standards may be modified
as set fbrth in subsection (11) below).
The PUD complies with all applicable development standards explicitly
addressed in the application except where the applicant has shown that a
modification is consistent with the purposes as set out in EC 9.8300 Purpose of
Planned Unit Development.
For any PUD located within or partially within the boundaries of the South Hills
Smd5,, the following additional approval criteria apply:
(a) No development shall occur on land above an elevation of 900 feet except
that one dwelling may be built on any tot in existence as of August 1,
2001.
(b) Development shall be setback at least 300 feet from the ridgeline unless
there is a determination by the city manager that the area is not needed as a
comnection to the city's ridgetine trail system. For purposes of this
section, the ridgeline trail shall be considered as the line indicated as being
the urban growth boundary within the South Hills Study plan area.
(c) Development shall cluster buildings in an arrangement that results in at
least 40% of the development site being retained in 3 or fewer contiguous
common open space areas. For purposes of this section, the term
contiguous open space means open space that is uninterrupted by
buildings, structures, streets, or other improvements.
(d) Residential density is limited as follows:
1~ In the area west of Friendly Street, the maximum level of new
development per gross acre shall be 8 units per acre.
In the area east of Friendly Street, the maximum level of new
development per gross acre shall be limited to 5 units per acre.
Ordinance - 4
3. Housing developed as Controlled Income and Renu Housing shall be
exempt from the density hmitations in subsections 1 and 2 above,
but are subject to the other applicable development standards and
review procedures.
Section 4. That the matters contained herein concern the pubhc health, welfare and safety,
and therefore, an emergency is hereby declared to exist, and upon its passage by an affirmative vote
of two-thirds of all members of the City Council and approval by the Mayor, this Ordinance shall
beCome effective on the date of its acknowledgment as provided by ORS 197.625, or the effective
date of Ordinance No. 20249, whichever is later.
If any section, subsection, sentence, clause, phrase or portion of this Ordinance
is for anyreason held invalid or unconstitutional by a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and such holding shall not affect the
validity of the remaining portions hereof.
Section ~, The City Recorder, at the request of, or with the concurrence of the CiD' Attorney,
is authorized to administratively correct any reference errors contained herein or in other provisions
of the Eugene Code~ 197 t, to the provisions added, amended or repealed herein.
Passed by the City Cour~cil this
8th day of May, 2002
City Recorder
Approved by the Mayor this
8th day of May, 2002
Ordinance - 5
83/18/05 FRI 09;08 FAX 1 541 686 6545 HARRANG LONG ~003
CITY OF EUGENE
TY ATTO~Ey. CI~L DEPARTMENT
Kate F~etand, Depa~ City Recorder
Date: A ~" ~"
prn z~, 2003
mrr request that you effec; the following scr/vener error correction_ to
In St~bsection (6)(a) of EC 9.8325~ correc~ the re£erence to subsec6on (9) ro
~n May
Lfy~u have any questions, please do not hesitate to contacl me.
cHiA LONG GARY RUDNICK~
TY ATTO~EyS
Emily me