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HomeMy WebLinkAboutOrdinance No. 19401~r ~• Y 4 1 ~: ORDINANCE NO. I CI ~ D AN ORDINANCE CONCERNING SGLAR ACCESS IN THE MU-R To~HITEARER RESIDENTIAL MIXED USE DISTRICT FoR PROPERTIES LGCATED IN THE WHITEAKER CoM-~ MUNITY; AMENDING ORDINANCE No. 19329; AND PROVIDING AN EFFECTIVE DATE. The City Council of the City flf Eugene finds that: A. Having identified energy conservation as one of its primary goals, in 1981 the Council adopted rev ision s to the Eugene Code, 19?l providing for the provision of solar access in new planned unit developments and subdivisions. At that time the Council directed staff to develop regulations and recommendations for provision of solar access throughout the City in existing as well as new developments. B. In March of 1985 the Planning Commission began its study and issued a report in July, 1985 concerning proposed solar access Code provisions. Cver 14Q copies of that report were distributed to potentially affected parties such as the local homebuilders' association, Neighborhood Grganizations, the Local Chapter of the American Institute of Architects, the Chamber of Commerce. EwEB, etc., for their review and comment. _ C. The proposed amendments were the subject of several work ~~~~-~~~~~~ sessions by the Planning Commission, and it held a ublic hearin p g thereon on December 3, 1985. This was followed by work sessions and transmittal of its recommendation to the City Council. D. The Council held a public hearing on the Planning Commis sion's recommendation on April 14, 198, and also considered the proposal at subsequent work sessions. E. The adoption of these proposed solar access provisions would be consistent with the City's goal of improving the economic climate for its citizens. As indicated in the summary provided to the Planning Commission by staff entitled Solar Access Protection Summary of Economic Rationale": ~1 ~ A BPA funded study found that the potential energy savings from installation of solar energy systems in existing metro area housing would be nearly 2~ percent of the area's residential needs. Based on 1985 electricity prices, this could be over $9 million annually; ~2~ A 1983 survey by Lane County found that 75 percent of those surveyed were interested in solar energy systems, and over 18 percent of those planned to buy a system within the following two years. Given the degree of interest, it is -~ ~~ important to insure those investments in solar ever s stems ~~;,~-~.i~ ~ g Y Y ordinance M 1 ~~ ~~ are protected; t3} Research has also indicated that a vast majority of .w.~r. homes in the metro area benefit from solar access by default. ~.~yJ That is to say, a typical home saves from 5 percent to 24 percent of its space heating needs because of solar radiation that f ails upon the roof, walls and windows. The economic value of this incidental solar benefit to Eugene is estimated to be over $soo,ooo annually. Conversely, a Solar Study funded by BPA found that only 44 percent of the residences in the metro area have clear solar access to their south-facing walls and 65 percent clear access to the roofs. The value of this lost solar development potential to single family hous-~ ing was estimated to be over $7 million annually; and ~4~ Analyses developed by the Northwest Power Planning Council and EWER have determined that passive solar buildings offer the most cost-effective means for meeting energy effi- ciency standards. F. The proposed amendments are also consistent with adopted energy conservation goals, including Goal 1 of the Energy Element of the Eugene_Springfield Metropolitan Area General Plan set forth on page III-J-3, to "Maximize the conservation and efficient utilization of all types of energy.", and with Statewide Planning Goal 13, which provides that "Land and uses developed on the land shall be managed and controlled so as to maximize the conservation of all forms of energy, based upon sound economic principles , " G. Based upon the above f findings, and the hearings before il-~:~,,~~~' the Planning Commission and Council the Council ado ted the ~`~~``~~~~ ~ p proposed solar access amendments to the Eugene Code, 1971, to be effective on January 1 198?, and the MU-~R Whiteaker Residential Mixed Use District Ordinance No. 19329 should be amended to reflect certain of those changes. NGW, THEREFDREr THE CITY QF EUGENE DGES GRDAIN AS FGLLGWS: Section 1. Based upon the above findings, which are adopted herein, Subsection ~ ? ~ of Section 4 of Ordinance No. 19329 is amended and a new Subsection X127 is added thereto, to read and provide: Section 4. ~7j Street Trees. Any street tree removed in the public right-of-way pursuant to Section 4,?9D of the Eugene Cade, 1971 Cutting or Removing Plants on Public Property, that is abutting this~MU-R District, shall be replaced by an approved shade tree having a minimum caliper size of 2-1/2" to 3". If the right-of-way is oriented to within 45 degrees of the true east-west r,. "f.,f ordinance - 2 ` fir' r ~' .~~ ~; ~., ~_~:: axis, then only trees on the list of solar friendly trees maintained by the Parks and Recreation Department may be planted. ~12~ Solar Setback. R--4 district solar setback requirements and exemptions in section 9.535 of the Zoning Ordinance apply except that maximum density as otherwise permitted shall not be precluded. ;.; Section 2. This Ordinance shall become effective on January 1, 19 Except as herein amended, all other provisions of Ordi- nance Na. 19329 remain in full force and effect, to which the City Recorder is requested to append this Ordinance. Passed by the City Council this ~~ ~ da of ~ u S ~ 1986 ~~ ~~~ ty Recorder Approved by the Mayor this 13~"~` days ~ , ~"" 1986 yor ~A f "n F~ Ordinance ~- 3