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HomeMy WebLinkAboutOrdinance No. 18679ORDINANCE NQ. ~ 867 AN oRDINANCE CONCERNING CLUSTER SUBDIVISIONS AND SITE REVIEw~; AMENDING SECTIQNS 9.550, 9.686, 9.688, 9.690, AND 9.692 OF THE EUGENE CODE, 1971; AND DE- CLARING AN EMERGENCY. THE CITY GF EC~GEN~E DGES ORDAIN A5 FOLLOWS: Section 1. Section 9.554 of the Eugene Code, 1971, is hereby amended to read and provide: 9.550 Cluster Subdivisions in R,A and R-l Districts, In RA and R-1 districts, the lot area, lot coverage, and yard requirements may be relayed in connection with individual lots or building sites created by duly approved, filed, and recorded subdivisions of the ~'cl~steri' type that contain four acres or less in total gross area, provided that: ~a~ Approval of the proposed development plan is granted by the planning director under the procedures set forth in sections 9.692 to 9.694, using the guide- lines contained in section 9.6 88 ~.b~ 1. , 2. , 3. , 4. , 5. , 6. , and 7. , and ~:b~. The difference in square footage between the ~~ minimum lot area per dwelling unit required by district or subdistrict and the square footage of actual dwel l- ing unit lots created is designated as a separately re- corded 1ot~s~. and is secured and maintained by a coven- ant or association, approved by the office of the city attorney, as seami-private open space for use of all occupants of the subdivision or until dissolution is~ approved by the planning and public works directors, and ~c7. Ma~i~um density, defined for this section as total dwelling units divided into the total area in- cluded in the application, does not exceed sa,x dwelling units per acre and does not exceed that permitted by the district ar sub-district in which the subdivision is to be located, taking into account the provisions of sections 9.308 to 9.314 and 9.322 to 9.324 for duplex, triplex, and ~ fvurple~x development, and ~d~ The standards fo:r density contained herein apply only to developments for which approval is granted after ~'uly ~ 4 , 19 80 , or to previously approved develop- ments that :may be subject to reapplication or for which no above gro~,nd construction has occurred prior to ~Tuly ~4 ~ 19so. Within 15 days of its receipt o~ an application, the plan- ning department shall mail notice thereof to officially recog- nized neighborhood organizations within whose boundaries the Ordinance = 1 186'14 proposal is located; to the owners of record of abutting prop- erty as shown by the sane County Assessor's records; and to known tenants of abutting property, either individually or by notice directed to the manager [s ~~ of the property with a re- quest that it be posted in a manner that will provide notice to all tenants. Abutting property, as used herein, includes property which would be abutting if there were not intervening streets. ~'he notice shall provide that within 3a days from the date of its mailing written comments concerning the proposal may be submitted to the planning department. Tf requested, and for good cause shown, the planning director may grant an exten- sion of time for the subrnissian of written comments. Failure to comment or request an extension within the 30 day period shall be deemed approval of the proposal as submitted. A copy of the planning director's decision shall be forwarded to any party requesting notification in their written response to a referral. Section 2. Sections. 9.656, 9.685, 9.690 and 9.692 of the Eugene Code, 1971, are hereby amended to read and provide: 9.656 Site Review -- Purpose and Authorit A site review sub- district maybe created in order to maintain ar improve the character, integrity, and harmonious development of the en- eral ar a ~ g e and to prv~ide a safe, stable, efficient, and attrac- tive on-site environment according to applicable plans, policies, goals, and ordinances adopted by the council, with due regard to the public and private interests invol~-red. The site review sub-district is governed by all regulations of the parent use district, and in addition, a building permit shall be issued only after the expiration of the ten-day appeal period following site plan approval. Further, a building permit shall be issued only for development approved according to the site review procedures specified in this code, 9.658 Tnitiation, there necessary to accomplish the purpose for site review as stated, in section 9.686, the ado p tian of a site review sub-district may be initiated in either of the fvllowin~ ways: ~a~ Tncidental to an application for a Chan e in ~ ~ R ~ ~ M ' zoning district or sub-~distra.ct, the commission may recommend that the council create a site review sub- district of a proposed use district; or ~b~ On its own initiation, the commission may re~- co~mend to the council the creation of a site--review sub-district of an existing use district. A commission recommendation shall be accompanied by a statement setting forth. the reason~s~. why the site review sub- district. is necessary. ~ This statement shall. also include s e-- p Ordinance - 2 186'19 cif is findings f roan among the following factors 1. Compatibility with the surroundings, particu- larly when residential in character. 2.. Efficient, workable and safe interrelation- . ships among building, parking, circulations open space, and landscaped areas as well as related activities and uses. 3. Due consideration to the preservation of attracti~re and distinctive histarical~or natural fea- tures. 4. Structures designed, sized, and shaped in scale and harmony with intended uses and resulting in a pleasant envia~onment for luring, workings or shopping, as the case may be. 5. Signs and ill~ur~ination in scale and harmony with the site and area. 6. Adequate provision for flood control and storm drainage. 7. Safe and efficient ingress, egress, and on--site traffis circulation. 9.694 ;Applications for Site Plan Approval. Prior to submission of a request for site plan approval, the applicant shall confer with the planning department to ascertain application re- quire~nents. Applications for site plan approval shall be on a form re- scribed b he. la ~ p y t p nning department and submitted zn that office along with a fee as prescribed in section 9.850 of this code, and five copies of drawings at a scale of not less than one inch to 20 feet showing parcel boundaries and dimensions. 1n addi- tion, the planning department may require site and building plans showing locations, elevations, open space, landscaping, circulation facilities, and other information as may be neces- sary to enable the site re~riew~ committee to fulfill its respon- sibilities in accordance with the purpose for site review and specified concerns Qf the planning commission as provided in section 9.688. 9.692 Site Re~riew Comt~tittee and Procedures. ~:.1 }. ~ Me~nb~e~~s~h~i and duties , ~ he s ~, to review committee shall consist of one member each front the pl~.nning, public works, and parks and recreation departments to be appointed by the respecti~re city department heads. Following the guidelines contained a.n section 9.688, the committee shall prepare a recom- mendation to approves conditionally approve, or deny applica- tions and proposed site plans. The written. recommendation of the committee shall be presented to the planning director for a decision. Ordinance - 3 1869 Prior to making a recommendation or decision, the site re- view committee, planning director, or planning commission, as the case may be, may require applicants to employ a licensed architect,. landscape architect, engineer or other specialist if such professional services are required for compliance with the purpose of site review as stated in section 9.686 because of complexities of the proposal or bite, Q2~ front ard, fence and wall waivers. When approving an application and site plan, the planning director may permit waiver ~ s ~ in front yard requirements and the wall and fence pro- visions of the camprehensiwe Zoning Ordinance, provided the waiver~_s~ will not be materially injurious to properties or im- provements in the vicinity and all the following are provided in the proposed plan: .a; Aesthetic res~u,lts equal to or greater than those intended by standard requirements. ~.b~.. Adequatevision clearance for traffic, both passing on the street and leaving the development site. [c} Adequate landscaping according to the purpose for site review. ~~d~ adequate provision for protection of the public health, safety, and welfare. ~3}. Referral to the plannin commission. Site plans and applications sh~.ll be automatically referred to the planning commission for a decision unless the planning director renders~a decision within 60 days of submission of all plans and drawings required to evaluate the proposal in terms of the purpose of the site review subdistrict and the commission's stated concerns. ~4~ Documentation of a proved fans. Upon approval of site plans and applications, the site review committee shall request from the applicant three copies of the approved plans which shall be marked "Approved" with the date of such action. The site re~riew committee shall attach the conditions of appro- val to the plans, ~5~ Effe~ti~re date. Unless appealed, approvals of site plans and applications become effective after an elapsed period of ten days from the date of action by the planning director or planning commission. ~6 ~_ ~ Li~its of a~~roval . Tf a building permit far a development for which s~~ite plan and application approval has been granted is not obtained within 18 months of the approval, unless an extension has been requested and granted within that time period, the approval is deemed automatically revoked and a new site plan and applics,tion~m~st be submitted and approved prior to issuance of ~ building permit. ~7~.. Ap eal. ~~.anning director decisions may be appealed to the planning coamn~i5sion within ten days of the decision. appeals must be in writing, submitted in the office of the plan- ning department, and may be made by the applicant or other interested parties. Appeals must state specifically how the planning director failed to observe the provisions of the sub-- Ordinance - 4 18699 district. A site plan appro~ra,l shall nit become effective until the termination of any pending appeal The planning commission shall render a decisian~within 60 days of the fil- ing of an appeal. The decision o~ the planning commission is final. ~8~. Modification. Except for interior structural modi- fications, changes in use that are in character with those asso-~ ciated with original approval, and changes deemed minor by the site review committee, all modifications subsequent to site plan and application approval must be reviewed and approved according to the requirements for original submittals. Section 3. That the provisions conta~,ned herein concern the public welfare and therefore, an emergency is hereby declared to exist, and this Ordinance shall became effective immediately upon its passage by the City Council and approval by the Mayer. Passed by the City Council this 14thday of July 1980 C City Re rder Approved by the Mayor this 6th day of Au ust 19 80 1+~ayor Ordinance - 5.