HomeMy WebLinkAboutOrdinance No. 20297
ORDINANCE NO. 2~297
AN ORDINANCE CONCEI;LNING REMANDED NEEDED
HOUSING PROVISIONS; AMENDING SECTIONS 9.6220~
%6505, %6510~ %6710, %6805, %6815~ %6820, %6835, 9.8030,
9.8100, 9.8220, %8325~ 9.8445, AND 9.8520 OF THE EUGENE
CODE, 1971; ADOPTING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
The City Council of the Ci~~ of Eugene finds that:
On February 26, 2001 Ordinance No. 20224 was passed by the City Council and
approved by the Mayor, adopting a new land use code for 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 and approved by the Mayor on October 8,2001 and Ordinance No. 20238
passed by the City Council and approved by the Mayor on December 10, 2001.
B. The adoption of Ordinance No. 20224 was appealed to the Land Use Board of
Appeals (LUBA) on March 19, 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 ks determinations that: 1) some sections contain standards or criteria for ~needed housing"
applications but are not "clear and objective," 2) some sections decrease or increase the level of
protection fbr areas on the City's acknowledged goal 5 inventory but the City has not yet shown that
those changes are consistent with Statewide Planning Goal F~ve; 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 with Statewide Planning Goals Nine or Ten. The effect of LUBA's
Ordinance ~ 1
remand is to render Ordinance 20224 ineffective.
In response to LUBA's remand, the City is adopting a series of ordinances which
address issues raised by the LUBA reman& Together, the ordinances wilt 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 ~om the old
(acknowledged) land use code to fill in regulatory gaps caused by such deletions~
D~ As an initial step in the process of responding to LUBA's remand, the City adopted
three ordinances on May 8, 2002 (Ordinance Nos. 20249, 20250 and 20251). This Ordinance is the
second step in that process.
Now, therefore~
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Section 9.6220 of the Eugene Code, 1971, is amended to provide:
9:6220
Installation and Maintenance. Installed plant materials shall meet the standards in
the most recent edition of the Americzm Standard t%r Nursery Stock (ANSI Z60.1),
published by the American Nursery and Landscape Association. All required
landscape areas soils shall extend to the native soil. Plant ma:terials shall be properly
supported to ensure survival. Support devices such as guy wires or stakes shall not
interfere with vehicular or pedestrian movement. Maintenance of landscaped areas is
the ongoing responsibility of the property owner. All landscaping shall be installed
and maimained to protect it from vehicular damage througTh the use of curbing and to
provide adequate vision clearance. Required shrubs and trees shall not be pruned or
sheared below their code-required spread or height.
Section 2. Subsection (3) of Section 9~6505 of the Eugene Code, 1971, is amended to
provide:
9.6505
Improvements - Specifications. All public improvements shall be designed and
constructed in accordance with adopted plans and policies, the procedures specified in
Chapter 7 of this code, and standards and specifications adopted pursuant to Chapter 7
of this code. Additionally, all developments shall make and be served by the
following ~n~astructure improvements:
Ordinance - 2
(3)
Streets and Alleys.
(a) The developer shall grade and pave all streets and alleys in the
development site. All paving shall be to the width specified in EC 9.6870
Street Width and provide for drainage of all such streets and alleys~ and
construct cttrbs and gutters within the development site according to the
Design Standards and Guidelines for Eugene Streets, Sidewalks~ Bikeways
and Accessways and standards and specifications adopted pursuant to
Chapter 7 oft?tis code and other adopted plans and policies. Private
streets and alleys are prohibited unless the developer can demonstrate to
the satisfaction of the planning director that a public street is not necessary
for compliance with this land use code and EC 9.6815 Cormecti-¼t¥ for
Streets. Private streets shall be designed and constructed according to the
Design Standards and Guidelines for Eugene Streets, Sidewalks, Bikeways
and Accessways and standards and specifications adopted pursuant to
Chapter 7 of this code.
(b) The developer shall pave streets and alleys adjacent to the development
site to the width specified in EC 9.6870 Street Wide, unless such streets
and alleys are already paved to that width, provided the City makes
findings to demonstrate consistency with constitutional requirements.
(c) The standard at (3)(b) may be adjusted if consistent with the criteria of EC
9.8030(19)~
Section 9.6510 of the Eugene Code, 197 l s is arr~ended to provide:
%6510
StOrmwater Drainag~ An applicant proposing a new development must submit
documentation to the City showing the stormwater drainage facilities into which the
proposed develoPment will drain. The documentation must establish that the new
development will drain into existing stormwater drainage facilities thaL 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
drainage that will be generated by the proposed new development, or, if the applicant
c~ot 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. The applicant must dedicate public
easements approved by the city over the stormwater drainage facilities provided the
c~ty makes findings to demonstrate consistency with constitutional requirements.
Sto~water drainage facilities shall be designed and constructed according to adopted
plans and policies~ and in accordance with standards in Chapters 6 and 7 of this code~
The conveyance of ownership or dedication of easements may be required in any of
the fbllowing circumstances:
(1) (a) Except for areas on the city's acknowledged Goat 5 inventory', where the
subject property in the proposed development is or will be periodically
subject to accumulations of surface water or is traversed by an5, open
Ordinance - 3
(2)
(3)
drainage way~ headwater, stream, creek, wetland, spring, or pond,
including those not maintained by the city which drain onto or from city-
owned property or into city maintained facilities.
(b) For areas on the city's acknowledged Goal 5 inventory, where the subject
property in the proposed development is or will be periodically subject to
accumulations of surface water or is traversed by any water course or
channel,
Where necessary to extend public drainage facilities and services to adjoining
undeveloped property.
To provide necessary drainage from the public right-of-way.
Se~tjo. n 4. Subsection (3)(g) of Section 9.6710 of the Eugene Code, 1971, is deleted, and
a new Subsection (6) is added thereto, to provide:
9~6710 G~O!ogical and Geotechnical Analysis.
(6)
Needed Housing. -Unless exempt under 9.6710(3)(a)-(f), in lieu of compliance
with subsections (2), (4), and (5) of this section, applications proposing needed
housing shall include a certification from an Oregon licensed Engineering
Geologist or an Oregon licensed Civil Engineer with geological experience
stating:
(a) That the proposed development activity will not be irnpacted by existing
or potential stability problems or any of the ~bltowing site conditions:
springs or seeps, depth of soil bedrock, variations in soil types, or a
combination of these conditions; or
(b) If proposed development activity will be impacted by any of the conditions
listed in (a), the methods for safely addressing the impact of the
condkions.
If a statement is submitted under (6)(b), the application shall include the
applicanfs statement that it will develop in accordance with the Engineer's
statement,
Section 5. Section 9.6805 of the Eugene Code, 1971, is amended to provide:
9.6805
.~y_s. As a condition of any development, the city may' require
dedication of-public ways for bicycle and/or pedestrian use as well as fbr streets and
alleys, provided the city makes findings to demonstrate consistency with
constitutional requirements. The public ways for streets and alleys to be dedicated to
the public by the applicant shall conform with EC Table 9~6870~ Public ways for
bicycle and pedestrian use to be dedicated to the public by the apphcant shall be at
1east 20 feet in width.
Ordinance - 4
9.6815
9.6820
~ec._ tion 6~ Section 9.6815(2) of the Eugene Code, 1971, is amended to provide:
Streets.
(2)
Street Connectivity Standards.
(a) All streets and alleys shall be public urfless the developer demonstrates
that a public street or alley is not necessary- for compliance -with this land
use code or the street connectivity standards of subparagraphs (b) to (e) of
this subsection.
(b) The proposed development shall include street connections in the direction
of all existing or planned streets within 1/4 mile of the developmer;t site.
The proposed development shall also include street connections to any
streets that abut, are adjacent to, or terminate at the development site.
Secondary access fbr fire and emergency medical vehicles is required.
(c) The proposed development shall include streets that extend to
undeveloped or partially developed land that is adjacent to the
development site or that is separated f}om the development site by a
drainage channel, transmission easement, survey gap, or similar properVy
condition. The streets shall be in locations that will enable adjoining
properties to connect m the proposed development's street system.
(d) Except for applications proposing needed housing, all applicants shall
show that the proposed street alignment shall rninimize excavation and
embankment and avoid impacts to natural resources, including water-
related features.
(e) In cases where a required street connection would result in the extension
of an existing street that is not improved to city standards and the street
has an inadequate driving surface, the developer shall construct a
temporary barrier at the entrance to the unimproved street section with
provision for bicycle, pedestrian, and emergency vehicle access. The
barrier shall be removed by the city at the time the existing street is
improved to city standards or to an acceptable standard adopted by the
public works director. In making a detemaination of an inadequate driving
surface, the public works director shall consider the street rating according
to Eugene's Paving Management System and the anticipated traffic
volume.
(f) The standards in this subsection (2) may be adjusted if consistent with the
criteria of EC 9.8030(12)(a) of this land use code.
Section 7~ Section 9.6820 of the Eugene Code, 1971, is amended to provide:
C.ul-de-Sacs.
(1) Except for streets that are less than 150 feet long and streets that will be
extended in the future, all streets that terminate shall be designed as a cul-de-sac
Ordinance ~ 5
bulb.
(2) Ifa street qualifies for an exception 'under section (1) because it will be
extended in the furore, a temporary easement shall be provided and a turnaround
constructed in art alternative location.
(3) If a street qualifies fbr an exception under section (1), a hammerhead tm-naround
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 plarming director shall require public accessways from a cul-de-sac longer
than t50', rneasured from the centerline oft he 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 adjustmem may be granted to the requirements of(l) and (4) of this section
if consistent with the criteria for adjustment of EC 9.8030(12)(b) of this land use
code.
Section 8. Section 9.6835 of the Eugene Code~ 1971, is amended to provide:
9.6835
Public Accessways.
(D The city shall require within the development site the dedication to the public
and improvement of accessways for pedestrian and bicyclist use to connect the
development site to adjacent cul-de-sacs or to an adjacent site that is
undeveloped, publicly owned, or developed with an accessway that connects to
the subject site, provided the city makes findings to demonstrate consistency
with constitutional requirements. Public accessways shall conform to design
standards for accessways contained in the "Design Standards for Eugene Streets,
Sidewalks, Bikeways and Accessways'.
(2) Existing unimproved public accessways on properties adjacent to the
development site shall be improved consistent with the "Design Standards fbr
Eugene Streets, Sidewalks, Bikeways and Accessways' if such accessways are
connected to the subject site, provided the city makes findings to demonstrate
consistency with constitutional requirements. Said improvements to
unimproved public accessways shall connect to the closest public street or
developed accessway.
(3) Adjustments to Standards. The standard at EC 9.6835(1) may be adjusted if
consistent with the criteria of EC 9.8030(20).
Section 9. SUbsections (12) (a) and (b) of Section 9.8030 of the Eugene Code, 1971, are
amended, and new Subsections (19) and (20) are added thereto, to provide:
9.8030
Adjust~.gt. Review - Approval CriteriaL The planning director shall approve,
conditionally approve, or deny an adjustment review application. Approval or
Ordinance - 6
conditional approval shall be based on compliance with the following applicable
criteria.
(12) Streets, Alleys, and Other Public Way Standards Adjustment, As set out
below, specific standards set forth in EC 9.6815 through 9.6830 pertaining to
streets may be adjusted if the corresponding criteria are met.
(a) Street Connectivity Standards. As an alternative to compliance with the
standards of EC 9.6815(2) Street Connectivity Standards (a)-(d), the
applicant may, at his or her expense, provide to the city a local street
connection study that demonstrates how the proposed street system meets
the intent of street connectivity- provisions of/his land use code as
expressed in EC 9.6815(1), and how undeveloped or partially developed
properties within a quarter mile can be adequately served by alternative
street layouts. Approval of the street connection study by the city shall
constitute an adjustment to the standards of EC 9.6815(2). The
requirements of subparagraphs (b) and (c) may' be adjusted if it is
demonstrated that a connection cannot be made because of the existence of
one or more of the ibllowing conditions:
1. Physical conditions preclude development of the connecting street.
Such conditions may include, but are not limited to, topography or
likely impact to natural resource areas such as wetlands, ponds,
streams, channels, rivers, lakes or upland wildlife habitat area, or a
resource on the National Wetland Inventory or under protection by
state or federal law'.
2. Buildings or other existing development on adjacent lands, including
previously subdivided but vacant lots or parcels, physically preclude
a connection now or in the future, considering the potential for
redevelopment.
(b) Cul-de-Sacs.
1. An adjustment to the requirement of EC 9.6820(1) may be granted if
k is shown that topographic constraints, existing development, or
natural fbatures prevent the construction of a bulb.
2, The limitation of a 400 foot maximum length for a cul-de-sac in EC
9.6820(4) may be adjusted if all of the following conditions exist:
a. The physical shape of the property prevents alternative
development patterns and there are no practical alternative
street layouts available that would meet street connectivity.
b. The physical conditions of the property preclude the ability to
achieve the density permitted according to the zoning of the
property with a cul-de-sac of only 400 feet~ Such conditions
may include, but are not limited to, topography' or the existence
of natural resource areas such as wetlands, ponds, streams,
channels, rivers, lakes or upland wildlife habitat area, or a
Ordinance - 7
resource on the National Wetland Inventory or under protection
by state or f~deral law.
(19) Improvements, Streets and Alleys. The paving requirement at EC
9~ 6505(3)(b) may be adjusted if the ske developer has shown that a street or
alley adjacent to the development will not be impacted by the development.
(20) Publie Aeeessways~ The public accessway standards of 9.6835(1) may be
a4iusted if the developer has shown that pedestrian and bicyclists traveling to
and from nearby residential areas~ transit stops, neighborhood activity centers,
and other commercial and industrial areas are already being provided safe,
convenient and direct access. "Nearby~' means within 1/4 mile that can
reasonably be expected to be used by pedestrians, and withk~ 2 miles that can
reasonably be expected to be used by bicyclists.
Section 10. Subsection (4) of Section 9.8100 of the Eugene Code, 1971~ is amended to
provide:
9.810{) Conditional Use Permit Approval Criteria- Needed ~aus/tng. The hearings
official shall approve, conditionally approve, or deny the conddtional use permit
application. Unless the applicant elects to use the general crkefia contained in EC
9.8090 Conditional Use Permit Ar>vroval Criteria - General, Where the applicant
proposes needed housing~ as define-d by the State statutes, the hearings of Scial shall
approve or approve with conditions a conditional use based on compliance with the
following crkeria:
(4) l'he proposal complies with all applicable standards, including, but not limited
(a)
EC 9.6706 Development in Flood Plains through EC 9.6709 _S4r~ecial Flood
Hazard Areas ~ Standards.
(b) EC 9.6710(6) Geological and Geot_echnical Anal~.
(c) EC 9.6730 Pedest~an Circulation On-Site.
(d) EC 9.6735 ess Required.
(e) EC 9.6750 S_pecial Setback Standards.
(f) EC 9.6775 U~nder~onnd Utilities.
(g) EC 9.6780 Vi__sion Clearance Area.
(h) An approved adjustment to a standard pursuant to the provisions
beginning at EC 9.8015 oft his land use code constitutes compliance w/th
the standard.
~Seetion 11. Subsections (2), (5) and (6) of Section 9.8220 of the Eugene Code, 1971, are
amended, to provide:
Ordinance - 8
9.822{} P~arti e ~Plan Approval C_r~ria-_~ede_4_~ousin_g. The planrfing
director shall approve, conditionally approve, or deny the pavtiti°n application
Unless the applicant elects to use the general criteria comained in EC 9.8215
Plan A~roval Criteria- General, where the applicant proposes
needed housing, as ~<ned ~the State statt~i~;} the planning director shall approve or
approve with conditions a partition based on compliance with the following criteria:
(2)
The proposed partition complies with all of the following:
(a) Lot standards of EC 9.2000 through 9.3915 regarding applicable parcel
dimensions and density requirements.
(b) EC 9.6800 through EC %6870 Standards for Streets, Alleys, and Other
Public Ways.
(c) EC 9.6500 through EC 9.6510 Public Improvement Standards.
(d) EC 9.6706 Development iq_Flood Plains through EC 9.6709 _S~ecial Flood
Hazard ALeas - Standards_'.
(e) EC 9~6710(6) Geologiga!.gndGeotechnical Anal¥.~S.
EC 9.6735 Public Access Req~re~.
(g) EC 9.6750 S_l/ecial
(h) EC 9.6775 Underground Utilities.
(i) EC 9.6780 Vision Cle~_ance~_~Area.
0) EC 9.6880 through EC 9.6885 Tree Preservation and Removal Standards.
(k) All other applicable development standards for features explicitly included
in the application.
An approved adjustment to a standard pursuant to the provisions beginning
EC 9.8015 of this land use code constitutes compliance with the standard.
(5)
I£the provisions of EC %8220(2) reqttire a public street~ or if the applicant
proposes the creation of a public street, the following criteria also apply:
(ia) The proposed land uses and densities within the partition are consistent
with the land use designation(s) shown on the Metro Plan Land Use
Diagram_, as refined in any applicable refinement plan.
(b) Provision of pedestrian, bicycle and transit circulation among buildings
located within the development site, as well as to a4iacent and nearby
residential areas, transit stops, neighborhood activity centers~ oftlce parks,
and industrial parks, provided the city makes findings to demonstrate
consistency with constitutional requirements. "Ne~r>y' means uses within
1/4 mile thru can reasonably be expected to be used by pedestrians, and
uses within 2 miles that can reasonably be expected to be used by
bicyclists~
(c) The street la~vout of the proposed partition shall disperse motor vehicle
rra~Ec onto more than one public local street when the sum of proposed
partition parcels and the existing lots utilizing a local street as the single
means of ingress and egress exceeds 19.
Ordinance - 9
(6) On R~i zoned property, if the partition results in a parcel greater than 132500
square feet in size based on EC 9.2761(5)(b), the application shall indicate the
location of parcel lines and other details of layout that show furore division may
be made without violating the requkements of this land use code and without
interfering with the orderly extension of adjacent streets~ bicycle paths~ and
accessways. Any restriction of buildings within futm*e street, bicycle path~ and
accessway locations shall be made a matter of record in the tentative plan
approval.
!2. Subsections (6) and (7) of Section %8325 of the Eugene Coded 1971~ are
amended, and a new SUbsection (13) is added thereto~ to provide:
9.8325
Tentative P_[anned Unit De~el_[~ment A~roval Criteria - ~ded Hou~igg~
The hearings official shall approve, condit;(~y approve, or deny the PUrl
apPlicatio~ with findings an~i conclusions. Unless the applicant elects to use the
general criteria contained in EC 9.8320 Tentative Planned Unit De
A_&~_.roval 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:
(6) The PUD provides safe and adequate transportation systems through compliance
with all of the following:
(al EC 9.6800 through EC 9.6870 Standards for Streets, Alleys, and Other
Public Ways (not subject to modifications set fbrth in subsection (11)
below).
(b) Provision ofpedestrian~ bicycle and transit circulation among buildings
located within the development ske, as well as to adjacent and nearby
residential areas~ transit stops, neighborhood activity centers, office parks,
and industrial parks, provided the city makes findings to dernonstrate
consistency with constitutional requirements. "Nearby" means uses within
1/4 mile that can reasonably be expected to be used by pedestrians, and
uses within 2 miles that can reasonably be expected to be used by
bicyclists.
(c) The street layout of the proposed PUD shall disperse motor vehicle traffic
onto more than one public local street when the PUD exceeds 19 lots or
when the sum of proposed PUD lots and the existing lots utilizing a local
street as the single means of ingress and egress exceeds 19.
{17) The PUD complies with all of the followdng:
EC 9.2000 through 9.3915 regarding lot dimensions and density
requirements for the subject zone.
(b)EC 9.6500 through 9.6510 Public Improvement Standards.
(c)EC 9.6706 Development in Flood Plains through EC 9.6709 Special Flood
Ordinance ~ 10
Hazard Areas ~ Standards.
(d) EC 9.6710(6)' ~ ~d Geo~_echnical Analysis.
(e) EC 9.6730 pedestrian Circulation On-Site.
(f) EC 9.6735 Public Access Reqgired.
(g) EC 9.6750 S_g~c...~a...!Setback stand_~d~.
(h) EC 9.6775 Underground Utili__.;i~8.
(i) EC 9.6780 Vis._~gn_._._C!~arance Area.
An approved adjustment to a standard pursuant to the provisions beginning at
EC 9.8015 of this land use code constitutes compliance wkh the standard.
(13) Stormwater runoff from the PUD will not damage natural drainage courses
either on-site or downstream by eroding or scouring the natural drainage
courses or by causing turbidity, or the transport of sediment due to increased
peak flows or velocity.
Section 13~ Subsection(4) of Section 9~8445 of the Eugene Code, 1971, is amended
to provide:
%8445 royal 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
eral, Where t~e applicant proposes needed housing, as defined
by the state statutes, the planning director shall a~pr°ve or approve with conditions a
site re¼ew based on comPliance with the following criteria:
(4) The proposal complies wkh all of the follo,Mng standards:
(a) EC 9.2000 through 9.3915 regarding lot dimensions and densky
requirements for the subject zone.
(b) EC 9.6500 through 9.6510 Public Improvement Standards.
(c) EC 9.6706 DevelO;>ment in Flood Plains through EC 9.6709 ~ecial Flood
as - St~dards.
(d) EC 9.6710 (6) Q.~o_!o~.9al and Geotechnical
(e) EC 9.6730 Pedestrian Circulation On-Site.
(f) EC 9.6735 Public Access red.
(g) EC 9.6750 S_S_pecial Setback Standards.
(h) EC 9.6775 U~de d Utilities.
(i) EC 9.6780 Vision Clearance Area.
(j) All other applicable development standards fbr features explickly included
in the application.
An approved adjustment to a standard pursuant to the provisions beginning at
EC 9.8015 of this land use code constitutes compliance with the standard.
Ordinance - 11
14. Subsections (3), (6), and (8) of Section 9.8520 of the Eugene Coder 1971, are
amended, to provide:
9,8520 Subdivision, Tentative Plan iteria- Needed Housing. The plaiming
director shall approve, c°nditi°r~ally approve, or deny' the sUbdivisiOn application.
Unless the applicant elects to use the general criteria contained in EC 9.8515
....T~ntative Plan Ar~r~roval Criteria- General, where the applicant proposes
needed housing, as defined by~e State statutes, the planning directr;r shall a~pr~ve or
approve with conditions a subdivision based on compliance with the following
criteria:
The proposed subdivision complies with all of the following:
(a) EC 9.2000 through 9.3915 regarding lot dimensions and density
requirements for the subject zone.
(b) EC 9.6800 through EC 9.6870 Standards for Streets, Alleys, and Other
Public Ways.
(c) EC 9.6500 through EC 9.6510 Public Improvement Standards.
(d) EC 9.6706 Development in Flood Plains through EC 9.6709 ...Special Flood
Hazard Areas ~ Standards.
(e) EC 9.6710 ical and hnical Ana!¥s~.s.
(f) EC 9.6730 p~d.__¢s._.._tria~ Circulation on-Site_.
(g) EC 9.6735 public Access Re~.
(h) EC 9.6750 Special Se~b_gck _Standards.
(i) EC 9.6775 les.
O) EC 9.6780 earance Area.
An approved adjustment to a standard pursuant to the provisions beginning at
EC 9.8015 of this land use code constitutes compliance with the standard.
(6) The proposed subdivision provides safe and adequate transportation systems
through compliance with the following:
(a) Provision of pedestrian, bicycle and transit circulation among buildings
located within the development site, as well as to adjacent and nearby'
residential areas, transit stops, neighborhood activity centers, office parks,
and industrial parks, provided the city makes findings to demonstrate
consistency with constitutional requirements. "Nearby" means uses within
1/4 mile that can reaSonably be expected to be used by pedestrians, and
uses within 2 miles that can reasonably be expected to be used by
bicyclists.
(b) The street layout of the proposed subdivision shall disperse motor vehicle
traffic onto more than one public local street when the subdivision exceeds
19 lots or when the sum of proposed subdivision lots and the existing lots
utilizing a local street as the single means of ingress and egress exceeds
Ordinance- 12
19.
(8) On R4 zoned proper~s if the subdivision results in a lot greater than 13,500
square feet in size based on EC 9.2761 (5)(b), the application shall indicate the
location of lot lines and other details of layout that show future division may be
made without violating the requirements of this land use code and without
interfering with the orderly extension of adjacent streets, bicycle paths, and
accessways. Any restriction of buildings within future street, bicycle path, and
accessway locations shall be made a matter of record in the tentative plan
approval.
Section 15. The City Recorder, at the request of, or with the concurrence of the City
Auorneys 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~
Seetion!6~ If any sections 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.
Se~o._n 17.~ NoVa4thstanding the effective date of ordinances as provided ~ the Eugene
Char~er of 2000, this Ordinance shall become effective 30 days ~?om the date of its passage by the
City council and approval by the Mayors or upon the date of its acknowledgment as provided by
ORS 19T625, whichever is later.
Passed by ~he C[W CoUncil ~h~s
11~ day of August, 2003
Approved by the Mayor this
11th day of Augt~st, 2003
Ordinance- 13
NOTICE OF DECISION
Fax
297 concerning needed
approval criteria addressing