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HomeMy WebLinkAboutOrdinance No. 19922ORDINANCE NO.19922 AN ORDINANCE CONCERNING STREET RIGHT-OF- WAYS AND CLASSIFICATIONS; AMENDING SECTIONS 7.175, 9.045, 9.090, 9.572 AND 9,574 OF THE EUGENE CODE, 1971; ADOPTING THE STREET RIGHT-OF-VVAY MAP; AND DECLARING AN EMERGENCY. THE CITY OF EUGENE DOES ORDAIN AS FoLLOVVS: Section 1. Subsections (1} and (2} of Section 9.045 of the Eugene Code, 1971, are amended to provide: 9.045 Plattin Standards -Streets and Roads. ~1} Dedication. (a} Generall .The planning or public works director may require rights-of-way for bicycle or pedestrian use as well as for adequate and proper streets, including arterials, collector streets, local streets, and other streets, to be dedicated to the public by the applicant of such design and in such location as are necessary to facilitate provision for the transportation and access needs of the community and the subject area in accordance with the purpose of section 9.020 of this code. fib} S ecial safe re uirements, where necessary to insure safety, reduce traffic hazards and promote the welfare of the general public and residents of the subject area, the planning or public works directors may require that local streets be so designed as to discourage their use bynon-local traffic. ~c} Street classification ma . 1. Submission of classification ma .The commission shall recommend to the council a Street Classification Map and amendments thereto, far the city or such portions thereof as necessary, classifying existing or proposed streets within the city and its environs to provide far the transportation needs of the community. 2. Ado tion of classification ma . Upon receiving the recommendation of the commission the council may adopt, modify and adapt, or reject the Street Classification Map or any amendment thereto. Adoption of the Street Classification Map and any amendment thereto shall be by ordinance and thereafter shall be considered by the commission, planning and public works directors tv be a correct designation of the transportation, access and safety needs of the area or areas included with respect to the streets designated thereon, for the purpose of determining design and location of streets ordinance -1 to be required under subsections (a} and (b} above, unless convincing evidence to the contrary is presented to the commission. Until the adoption of such a map, the Council may classify streets as local, collector or arterial on a street by street or project basis, (2} Width. (a} Street ri ht-of-wa ma .Contemporaneous with the adoption of this subsection of the Code, the Council has adopted the Street Right-of- Way Map designating the widths of street right-of-way and street paving for specibc street segments. Any street segment for which no widths are designated on this map shall have the maximum widths for its classification as set forth in subparagraph (b}3.b. of this section. Hereafter the Street Right- of-Way Map may be amended or modified as provided in paragraph (2}(b} hereof, (b} Procedures to amend ri ht-of-wa ma . Widths for proposed new streets or specific street segments as shown on the Street Right-of-Way Map may be determined, amended or modified using any one of the following procedures: 1, By action of the city council, 2. By order of the planning and public works directors based upon the criteria in subparagraph (b}3 below. a, When the directors make a preliminary determination that a street width should be determined, amended or modified, they shall notify all property owners and occupants located within 100 feet of the affected street segment of their preliminary determination and invite comment and evidence from those affected be submitted to them by a date specified in the notice which is at least ten days after the notice is mailed. After providing an opportunity for comment yr evidence the directors shall issue an order designating the street segment's widths, b. Notice of the directors' order designating the street widths shall be mailed to owners and occupants of property located within 100 feet of the affected street segment. Within ten days of the date of the notice of the directors' order is mailed, it maybe appealed as provided in this part (b}2. to the hearings ofi"icial by any adversely affected person or a person entitled to notice under this part b. c. An appeal shall be on a city form and shall state specifically how the directors failed to properly evaluate the proposal or make a decision consistent with applicable criteria. d. Unless the directors and the appellant agree to a longer period, the hearings official shall hold a public evidentiary hearing on an appeal within 45 days of submittal. At least ZO days before the hearing, the city shall mail notice thereof to the appellant and all persons who responded to the ordinance - 2 initial notice of the directors' decision. e. Within 15 days of the hearing, unless the appellant and the directors agree to a longer period, the hearings official shall make a decision applying the criteria in part 3 below and within i"ive days thereafter mail a nvfice of the decision to the appellant and persons who have requested notification. The hearings official's decision is final. f. If the directors' order is made in connection with a proposed partition, subdivision or other development, notice of the width modification and any appeal therefrom may be combined with and governed by the notice and appellate procedures far the partition, subdivision or other development provided the determination of width on appeal shall be governed by the criteria in subparagraph ~b}3. below rather than the criteria of the other procedure. 3. When entering an order concerning the Street Right-of- Way Map under subparagraph ~b}2 above the following criteria shall be considered: a. The adopted Metropolitan Area Creneral Plan, refinement plans, transportation plan, special area studies and relevant adopted city policies and transportation goals. b, The f ollowing general determination of widths by type of street: Right-of-way Paving T e of Street Width Wihth* Major Arterials ........... 80' -120' 46' - 90' Minor Arterials ................. 70' -100' 46' - 70' Collectors: Commercial, industrial andlor multi-family residential ............... 60' - 80' 36' - 46' Single family residential ... 60' 28' - 36' Local Streets: **High volume ............... 60' 36' **Low volume ................ 50' 28' Cul-de-Sacs ......................... 50' 2S' Circular Ends of Cul-de-Sacs....... 92' * * * 7Q' * Measured from face to face of curbs. ** High volume -existing or projected average daily traffic count of 750 or greater; Low volume -all other local streets. * * * Measured by diameter of circle constituting circular end. c. Existing and projected use of the public way and of property abutting the public way. ardlnance - 3 d. Physical conditions in or adjacent to the right-of- way that affect public safety, e. Relevant rules adopted by the state and its agencies. f, Trafflic engineering principles, g. tither relevant factors identified by the directors or hearings official affecting the public health, safety and welfare. ~c} Sly easements. Because of terrain, slope easements maybe required and shall be dedicated in addition to the widths adapted under this paragraph ~2}. ~d} Construction standards. All streets shall be constructed in accordance with adopted council policy and in accordance with specifications adopted under section 9.0$5. Sectlan 2. Subsection 9.0901} of the Eugene Code,1971, is amended to provide: 9.090 Variance Provisions. ~1} Relationshi to other rovisions. When the provisions in section 9.090 conflict with or are more stringent than those in sections 9.030 or 9,035, section 9.090 provisions apply. when determining right-of-way width if the provisions in section 9.090 conflict with or are more stringent than those in paragraph 9.0452}(b}3., paragraph 9.0452}(b}3. provisions apply. Section 3. Section 9.572 of the Eugene Code, 1971, is amended to provide: 9.572 General Plan of Streets and Hi hwa s. The city's streets are classified as provided in section 9.0451}. Section 4. Section 9.574 of the Eugene Code, 1971, is amended to provide: 9.574 S ecial Setback Re uirements. ~1} Street ri ht-of-wa widths, The width of a street ri ht-of-wa is hereb g Y Y determined to be the widths established according to section 9.0452}. ~2} A lot or parcel of land in any district adjoining a street for which the plannedright-of-way width and alignment has been determined, shall have a building setback line equal to a distance of one-half the width established in section 9.0452} plus the yard required in the district. ~3} The centerline of streets shall be either the officially surveyed centerline or a centerline as on a precise plan. In the event of conflict between the two, the latter described line shall prevail. In all other cases a line midway between properties abutting the right-of-way shall be the centerline for the purposes of this ordinance. Section 5. Based upon the findings set forth in Attachment A hereto, which are Grdinance - 4 incorporated herein by this reference and adopted, until such time as they maybe amended or modified, as provided in subsection 9.0452}, as amended by section 3 of this ordinance, the width of right-of-way and paving for the street segments described in the Street Right-of- Way Map dated June 21, 1993, which is attached hereto as Attachment B, and hereby incorporated herein by this reference, are adopted. Section 6. Subpart (2)(b)1.a.(1)(a) of Section 7.175 of the Eugene Code, 1971 is amended to provide: 1. Street construction assessments. a, As provided in subsection 7,1751}fib}, the city shall pay the costs of street construction in excess of the maximum assessable width for a street. That width varies on the basis of street classification at the place of construction, and the zoning and use of land abutting the street at the place of construction in accordance with the following: ~l} Parcels in residential zoning districts may be assessed for a maximum of 36 feet of width of an improvement and for paving of a thickness determined by the city engineer, on the basis of standards of the Oregon State Highway Division or the Asphalt Institute, to be adequate for residential traffic; except that properties used for existing single-family dwellings and existing duplexes maybe assessed for a maximum width as follows: (a) Parcels abutting arterial or collector streets may be assessed for a maximum of 20 feet of width. (b) All other parcels so used may be assessed for a maximum of 28 feet of width. Section 7. Any ordinance adopting or amending the 1968 Eugene Planned Street and Highway Right-of-~Vay Plan is hereby repealed as it relates to that Plan. Section S. The City Recorder, at the request of, or with the concurrence of the City Attorney, is authorized to administratively correct any reference errors contained herein or ordinance - 5 in other provisions of the Eugene Code,1971, tothe provisions added, amended or repealed herein. Section 9. That the matters contained herein concern the public welfare and safety and therefore, an emergency is hereby declared to exist, and this ordinance shall become effective immediately upon its passage by the City Council and approval by the Mayor, retention by the Mayor for mare than ten days, or readoption over a Mayoral veto by two- thirds of all members of the City Council. Passed by the City Council this 21st day of June, 1993 ~~~ C! City Reco er Approved by the Mayor this ~da of 1993 ~• ~ ~ ~ Mayor ordinance ~ 6 ATTACHMENT A Findings in Support of Ordinance Adopting the Street Classit"icationhap and the Street Right-of- Way. The 1956 TransPlan adopted by the City Council is the current long-range transportation plan for the Eugene-Springfield area and is the basis for the transportation elements in the adopted and acknowledged Metra Plan. The City has the legal obligation to bring its land use regulations into conformity with its comprehensive plan. An essential element in the existing transportation system is the conce t of a ma'or street . ,. p J network which classifies streets accvrd~ng to transportation needs of the communi . The last general classification of streets within the city and surrounding area was in 1965 when the Council adopted the map entitled "Eugene Planned Street and Highwa Plan." Y The 1965 general street classification map is seriously out of date and inconsistent with the adopted TransPlan. In recent years, the enforcement of the 196$ classification has resulted in: 1. requiring the dedication of right-of-way or special setbacks on streets where future additional right-of-way may no longer be needed; 2. creating the need to process unnecessary temporary permits to avoid a harsh application of the special setback for some new development; 3. requiring the Council do special classifications of streets when creatin local . g nnprovement d~str~cts for street improvements so the abutting property owners could take advantage of reduced assessments because of the street classification; and 4, creating confusion when communicating with the public concernin the eneral . g g character of streets serving the neighborhoods of the city and its environs. The Eugene Planning Commission (Commission} conducted a public hearin on the .. g proposed Street Class~ficat~on Map and the Street Right-of-Way Map and the accom an ' .. p Ymg revisions to the Eugene Code, 1971, an January 5, 1993 and at its meeting of Janua 25, . rY 1993, unanimously recommended their adoption by the Council with the followin . g clar~catlon: ATTACHMENT A -Page 1 ORDINANCE No. 19922 The Planning Commission wishes to clarify its understanding that the reclassification of Van Buren Street between 1st and 6th Avenues from arterial to callector is based on changes in trafl~c patterns that have occurred since the opening of the Chambers Connector. This reclassification is in no way intended to lessen the need for the existing railroad crossing at Van Buren Street and should not be used by the Southern Pacific Railroad as justification for closure of the crossing. Further, the January 25, 1993 motion of the commission recommended: The. .. , TransPlan Update include a study of how collector status for a street ought to function; pending the results of that update, the Planning Commission recommends that staff work with the involved neighborhoods to review the traffic operational concerns raised regarding four residential collector streets Agate Street from East 3~th Avenue to Finland Street, Friendly Street from Nest 18th Avenue to West 28th Avenue, Harris Street from East 18th Avenue to East 30th Avenue, and Lincoln Street from West 13th Avenue to West 18th Avenue} at the January 5, 1993, Planning Commission hearing to examine if the staff and neighborhoods can arrive at an approach that serves the needs of both the neighborhoods and the community's transportation goals. The Council has not completed its discussion of the Street Classification Map recammended by the Planning Commission and until that is accomplished it is better that the old classification map be repealed and that the Council, Planning Commission and City administrative staff make individual determinations of a street's classification when required to so act by other provisions in the Eugene Code, 1971. The Street Right-of-Way Map adopted by this ordinance is consistent with the TransPlan and Metro Plan and implements the goals and policies contained therein. The classification of streets into Major Arterials, Minor Arterials, Collectors, Local Streets (high and low volume} represents a reasonable basis for classification, and the criteria to be used in determining the specific widths for right-of-way and paving provide reasonable guidance to the public, Council and City administrative staff. ATTACHMENT A w Page 2 ORDINANCE N~.19922 ATTACHMENT B, Street Right of'L~ay Map, dated June 21,1993 not attached; it is available by written request to the City Recorder's Office.