HomeMy WebLinkAboutItem 4: Ordinance on Chapter 9 and EC 7.420
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Public Hearing:
Safe and Efficient Streets through Access Management
An Ordinance Concerning Access Connection Location Requirements, Special
Setbacks and Street Width; Amending Sections 9.0500, 9.5500, 9.6505, 9.6735,
9.6745, 9.6750, 9.6840, 9.6870, 9.8030, 9.8090, 9.8415, 9.8670, 9.8675, 9.8680, and
7.420 of the Eugene Code, 1971; and Adding Sections 9.6703 and 9.6873 of that Code
Meeting Date: February 16, 2010 Agenda Item Number: 4
Department: Public Works Engineering Staff Contact: Peggy Keppler
www.eugene-or.gov Contact Telephone Number: 541-682-2869
ISSUE STATEMENT
The purpose of this public hearing is to solicit testimony on the proposed access management code
amendments to Chapter 9 and EC 7.420 (Access Connection Location Requirements, Special
Setbacks and Street Width Ordinance).
BACKGROUND
The Access Connection Location Requirements, Special Setbacks, and Street Width Ordinance
includes proposed land use related code amendments initiated to balance safe and efficient roadway
operation against the need to provide ingress/egress for developed lands adjacent to the roadway
system. Implementing access management code revisions will reduce and separate the conflict points
along the arterial and major collector streets by managing access connections and protecting
intersection influence areas.
Conflict Point.
The point of potential collision where vehicle paths cross, merge into or diverge with
one another, pedestrians or bicycles.
Intersection Influence Area
. That area beyond the physical intersection of two rights-of-way that
comprises the upstream decision and maneuver distance, plus any required vehicle storage length, and
the downstream recovery distance of the primary street, and the protected corner clearance distance of
the secondary street.
Four related land use code corrections and clarifications are being processed in conjunction with
access management ordinance development. The four elements include clarification of
arterial/collector street special setback standards, correction of traffic impact analysis application
requirements, temporary surfacing permit clarifications, and clarification of alley width standards in
existing developed areas.
Proposed Ordinance and Implementation
EC 9.0500 Definitions. Definitions for “access connection” and “driveway” have been added.
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EC 9.5500 Multiple-Family Standards. Removes regulations related to access connections within the
public right-of-way to distinguish differences and authority between driveways and access
connections.
EC 9.6505 Improvements-Specifications. Clarifies street and alley improvements include sidewalks,
street lights, and street trees as part of the street improvements and improvement requirements for
streets adjacent to development is the same as within the development. Removes redundant
references to private street regulations from this section.
EC 9.6703 Driveways and Internal Circulation. Clarifies and coordinates driveways regulations with
the new access connection provisions.
EC 9.6735 Public Access Required. Requires land use and building permit applications include
locating access connections in compliance with EC 7.420 in the approval process.
EC 9.6745 Setbacks-Intrusions Permitted and EC 9.6750 Special Setback Standards. Requires
special setbacks when the abutting street is not improved with curb, gutter, sidewalk, street trees and
street lights and proposing to change the “default” width of special setbacks from the maximum
street width established by Table 9.6870 to the minimum width required by Table 9.6870. For
discretionary land use decisions, the City will still have the ability to require more than the minimum
setback width, so long as the requirement is consistent with adopted standards.
EC 9.6840 Reserve Strips. Clarifies reserve strips may be used to prevent access to arterial and
major collector streets.
EC 9.6870 Street Widths and EC 9.6873 Slope Easements. Changes the “default” width of streets
from the maximum street width established by Table 9.6870 to the minimum width required by Table
9.6870. For discretionary land use decisions, the City will still have the ability to require more than
the minimum street width, so long as the requirement is consistent with adopted standards. Since
Table 9.6870 does not provide a range for alley widths, language has been added that would allow
the City to reduce the width with discretionary land use decisions. Redundant construction standards
in section (1) are being removed and slope easements in section (2) are being moved to their own
code section, 9.6873.
EC 9.8030 Adjustment Review-Approval Criteria. Provides adjustment approval criteria for street
and alley improvements; driveway and internal circulation, and access connection location
requirements. Adjustment criteria for streets and alley improvements would allow applicants to meet
paving requirements under a Temporary Surfacing Permit when full improvements are unwarranted.
The adjustment criteria for driveway and internal circulation would allow applicants to shorten
driveway stacking requirements when an alternative traffic safety study demonstrates safe ingress
and egress and doesn’t result in a hazard for vehicles, bicycles, and pedestrians and doesn’t
negatively impact the efficient use of the public right-of-way. The adjustment criteria for public
access would allow applicants to adjust the location of their access connection in the following
cases: when physical conditions preclude compliance with EC 7.420; when an alternate location will
still provide safe and efficient access; when the proposed development doesn’t impact an existing
access connection; or when access connections on a secondary street creates traffic patterns which
are inconsistent with the surrounding area.
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EC 9.8090 Conditional Use Permit Approval Criteria-General. Corrects existing code which
inadvertently missed requiring compliance with EC 9.6735.
EC 9.8415 Property Line Adjustment Approval Criteria. Clarifies property line adjustment approval
must not violate other codes, including chapter 7.
EC 9.8670 {Traffic Impact Analysis} Applicability; 9.8675 {Traffic Impact Analysis} General
Application Requirements; and EC 9.8680 {Traffic Impact Analysis} Approval Criteria. Moves EC
9.8680 (3) to EC 9.8675 General Application Requirements and changes EC 9.8670 (1) to read
“Institute of Transportation Engineer’s Trip Generation Report”. EC 9.8680 (3) is an application
requirement currently embedded in the Traffic Impact Analysis Approval Criteria.
EC 7.420 Access Connections – Location. Clarifies where access connections may be located along
public-way for the functional operation of the classified street. Of the proposed Chapter 7 code
revisions, the location of an access connection would be the only criteria applicable to approving
and/or denying a discretionary land use application. As such EC 7.420 provides the location
standards for access connections. Section (1) is primarily existing code found in Chapter 7 that is
applicable to all street classifications. Section (2) is proposed access connection standards for arterial
and major collector streets. This section contains new connection standards limit the number and
increase the spacing between access connections along with establishing intersection influence areas
on the higher street classifications. Section (3) pertains to local and neighborhood collector streets
and this is also existing Chapter 7 code language.
These code provisions will be implemented by the Public Works Department in conjunction with
land use and building permit application reviews. Adopting these code provisions as land use code
allows staff to review and approval potential access connection locations with land use applications.
RELATED CITY POLICIES
Implementation of proposed access management code revisions described in this AIS are supportive
of 2002 TransPlan goals and objectives, the 2009 Council Transportation, Sustainability, and
Neighborhood Empowerment goals, and many neighborhood refinement plans which include
transportation and safety related policies. The Downtown Plan, for example, contains the following
policy: “Develop a transportation system that supports the vision of a vital downtown and provides
for the safe and efficient movement of automobiles, pedestrians, bicycles, and emergency vehicles.”
COUNCIL OPTIONS
Not applicable, this is a public hearing only. On March 8, 2010, the council will have options related
to the adoption of the ordinance to implement access management standards.
CITY MANAGER’S RECOMMENDATION
The City Manager recommends that the Mayor and City Council convene the public hearing and
schedule the ordinance for adoption on March 8, 2010.
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SUGGESTED MOTION
Not applicable; this is a public hearing only. City Council action is tentatively scheduled for March
8, 2010.
ATTACHMENTS
A. Ordinance, with Exhibit A (findings)
B. Access Management DAC Members
(As of February 8, 2010, no testimony has been received.)
ADDITIONAL INFORMATION: The following documents have been bound in a notebook
labeled Access Connection Location Requirements, Special Setbacks and Street Width and are
available for review at the City Manager’s Office and are hereby expressly incorporated into
the record:
1.Eugene Planning Commission Packets, Memos and Minutes dated January 25, 2010, October
12, 2009, September 14, 2009, August 21, August 25, 2009, July 13, 2009, June 22, 2009,
October 15, 2007, and May 22, 2007
2.Memo to Neighborhood Leaders Council, October 29, 2009
3.Memo to Interested Parties (with mailing list), October 28, 2009
4.Public Hearing Testimony for August 25, 2009, Public Hearing
5.Update to DLCD Notice, August 21, 2009
6.Notice of Public Hearings of the Planning Commission, July 31, 2009.
7.DLCD Notice, July 9, 2009
8.Agendas, Packets and Minutes for Eugene Public Works Access Management Department
Advisory Committee for meetings held on January 14, 2009, November 19, 2008, October
29, 2008, October 15, 2008, and October 1, 2008
FOR MORE INFORMATION
Staff Contact: Peggy Keppler
Telephone: 541-682-2869
Staff E-Mail: peggy.a.keppler@ci.eugene.or.us
Staff Contact: Gary McNeel
Telephone: 541-682-8451
Staff E-Mail: gary.a.mcneel@ci.eugene.or.us
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ATTACHMENT A
ORDINANCE NO. _________
AN ORDINANCE CONCERNING ACCESS CONNECTION LOCATION
REQUIREMENTS, SPECIAL SETBACKS AND STREET WIDTH; AMENDING
SECTIONS 9.0500, 9.5500, 9.6505, 9.6735, 9.6745, 9.6750, 9.6840, 9.6870,
9.8030, 9.8090, 9.8415, 9.8670, 9.8675, 9.8680, AND 7.420 OF THE EUGENE
CODE, 1971; AND ADDING SECTIONS 9.6703 AND 9.6873 TO THAT CODE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
Section 9.0500 of the Eugene Code, 1971, is amended by adding a definition
for “Access Connection” in alphabetical order to the list of definitions, and amending the
definition of “Driveway,” to provide as follows:
9.0500 Definitions
. As used in this land use code, unless the context requires otherwise,
the following words and phrases mean:
Access Connection. The area located within the public right-of-way that
provides for the movement of vehicles to or from a development site onto and
from the vehicular travel way of the public transportation system.
Driveway.
The area located outside of the public right-of-way that abuts the
access connection and allows for vehicles to move to or from a development
site. For purposes of the S-JW Jefferson Westside Special Area Zone provisions at
EC 9.3600 through 9.3640, a surface area that is intended, prepared, or used for
vehicle access to and about a lot.
Section 2
. Subsection (11) of Section 9.5500 of the Eugene Code, 1971, is amended to
provide as follows:
9.5500 Multiple-Family Standards.
(11) Site Access and Internal Circulation.
(a) Streets. Street standards and connectivity requirements for local
residential streets shall be applied to public and private streets within
multiple-family developments. (Refer to EC 9.6815 Connectivity for
(See Figure 9.5500(12) Multiple-Family Parking.)
Streets.).
(b) Driveways. Driveways and parking drives are private roadways for
projects or portions of projects not served by streets. Driveways and
parking drives shall be designed in accordance with the following
standards:
1. Driveways. Driveways provide vehicular access to parking and
dwelling units but do not provide primary pedestrian access to
units. Driveways are intended to be used primarily for vehicular
circulation and dwelling access and should be visually distinct
Ordinance - Page 1 of 14
(See Figure 9.5500(11)(b) Multiple-Family
from streets.
Driveways)
. The following standards apply:
a. Two-way driveways shall be a minimum width of 20 feet,
one-way driveways shall be a minimum width of 12 feet.
b. The maximum driveway width is 28 feet.
[b. All driveways shall be perpendicular to the street they
connect to and shall be constructed with a 10- to 15-foot
curb radius.
c. On lots without alley access, driveway connections to public
streets shall be limited as specified in Table
9.5500(11)(b)1.c. Multiple-Family Driveway Standards for
Lots Without Alley Access.]
2. Parking Drives. Parking drives are driveways lined with head-in
parking spaces, diagonal parking spaces, garages, or any
combination thereof along a significant portion of their length.
Parking drives for multiple-family developments with more than 20
units shall be designed so as to permit no through-motor vehicle
(See Figure 9.5500(12) Multiple-Family Parking.)
movements.
(c) Alley Access. Development sites with alley access, either at the rear
yard or along the side yard, shall use the alley to provide access to the
development site if either:
1. The alley right-of-way width is 20 feet for the length of the alley
between the development site and the street; or
2. The development site’s only street frontage is on an arterial or
collector street.
In the instances described in 1. or 2., no direct access to the street,
(See Figure 9.5500(11)(b)
other than by the alley, shall be permitted.
Multiple-Family Driveways.)
In other instances, alley access is
optional.
(d) Setback Sidewalks. Setback sidewalks shall be required along any
public or private street adjacent to or within the development site.
(e) Criteria for Adjustment. Adjustments to the standards in this subsection
may be made, based on the criteria of EC 9.8030(8)(e).
[Table 9.5500(11)(b)1.c.
Multiple-Family Driveway Standards for Lots Without Alley Access
Site Width Driveway Standard
0 to 119 feet 1 curb cut, 20 feet wide, 2-way
120 to 179 feet 2 curb cuts, 20 feet wide, 2-way
over 180 feet 1 additional curb cut, 20 feet wide, 2-way, for each
additional 120 feet of site width.]
Section 3
. Subsection (3) of Section 9.6505 of the Eugene Code, 1971, is amended to
provide as follows:
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
Ordinance - Page 2 of 14
Chapter 7 of this code. Additionally, all developments shall make and be served by
the following infrastructure improvements:
(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 curbs and gutters, sidewalks, street trees and
street lights 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 of this 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
Connectivity 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 Width,
unless such streets and alleys are already paved to that width, provided
the City makes findings to demonstrate consistency with constitutional
requirements. All paving shall provide for drainage of all such
streets and alleys, and construct curbs and gutters, sidewalks,
street trees and street lights adjacent to 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 of this code and
other adopted plans and policies.
(c) The standard at (3)(b) may be adjusted if consistent with the criteria of
EC 9.8030(19).
Section 4
. Section 9.6703 of the Eugene Code, 1971, is added to provide as follows:
9.6703 Driveways and Internal Circulation
(1) Unless otherwise permitted in this code, driveways abutting an arterial
or major collector street that serve a commercial, industrial or multi-
family development shall be a minimum of 20 feet wide.
(2) If eight or more single-family or duplex dwellings will share one access
connection, the driveway shall be designed and constructed as a private
street in accordance with EC 9.6875.
(3) Development sites that will generate 100 or more peak hour vehicular
trips in any peak hour per the Institute of Transportation Engineer’s Trip
Generation shall comply with all of the following:
(a) All driveways shall have a minimum 50-foot internal vehicle
stacking area. The internal vehicle stacking area is measured from
the back of the sidewalk to centerline of the first internal
circulation driveway or parking aisle, and is designed to queue
vehicles exiting the development site and to prevent vehicles
entering the development site from blocking the flow of traffic on
Ordinance - Page 3 of 14
the public street or causing unsafe conflicts with the on-site
circulation.
(b) The development site shall provide internal circulation to
accommodate emergency and delivery vehicles accessing the
development site.
(4) The standard at (3)(a) may be adjusted if consistent with the criteria of
EC 9.8030(26).
Section 5
. Section 9.6735 of the Eugene Code, 1971, is amended to provide as follows:
9.6735 Public Access Required.
(1) Except as otherwise provided in this land use code, no building or structure
shall be erected or altered except on a lot fronting or abutting on a public
street or having access to a public street over a private street or easement of
record approved in accordance with provisions contained in this land use
code.
(2) Access from a public street to a development site shall be located in
accordance with EC 7.420 Access Connections – Location. If a
development will increase the development site’s peak hour trip
generation by less than 50% and will generate less than 20 additional
peak hour trips, the development site’s existing access connections are
exempt from this standard.
(3) The standard at (2) may be adjusted if consistent with the criteria of EC
9.8030(27).
Section 6
. Subsections (1) and (7) of Section 9.6745 of the Eugene Code, 1971, are
amended to provide as follows:
9.6745 Setbacks-Intrusions Permitted.
(1) Applicability.
The intrusions permitted in this section are only applicable to
standard front and interior yard setback requirements and do not apply to
special setbacks required according to EC 9.6750 Special Setback Standards.
Intrusions permitted in special setbacks are addressed in EC 9.6750
Special Setback Standards. Except as restricted to provide solar access
according to EC 9.2795 Solar Setback Standards, and except where restricted
by easements or other restrictions on title, the intrusions in this section may
project into required front and interior yard setbacks to the extent and under
the conditions and limitations indicated.
(7) Parking Spaces in Required Setbacks.
[Parking spaces, parking areas,
structured parking, and parking garages shall not be permitted in required
front and interior yard setbacks, except as provided herein:]
(a) In areas with a broad zone category of residential, as depicted in Table
9.1030 Zones, parking in required front and interior yard setbacks is
permitted with the following restrictions:
1. Parking spaces in required front yard setbacks are permitted in
conjunction with a one family dwelling, secondary dwelling, or
duplex, provided the parking spaces are located on driveways.
Ordinance - Page 4 of 14
2. For lots and parcels with at least 50 feet of frontage, driveways
shall cover a maximum of one-half of the area in the required front
yard setback. All portions of required front yard setbacks not
otherwise covered by legal driveways shall be landscaped and
maintained. [In addition, the maximum width of a driveway
permitted in conjunction with a one family dwelling or secondary
dwelling shall be 27 feet. This includes a combined width if more
than one driveway is constructed on the lot using the required
front yard setback.]
3. Within the required front yard setback, recreational vehicles,
boats, boat trailers, and other vehicles not in daily use, may only
be parked on the paved driveway portion of the required front yard
setback. No parking shall occur in the landscaped portion of the
required front yard setback. These vehicles not in daily use, are
allowed to park in the front setback for not more than 48
consecutive hours.
4. Recreational vehicles, boat trailers, and other vehicles not in daily
use, are permitted to be located in the required interior yard
setbacks.
(b) In areas with the broad zone category of commercial or industrial, as
depicted in Table 9.1030 Zones, except for the C-1, C-2 and I-1 zones,
parking spaces and parking areas are permitted in any required interior
yard setback.
Section 7
. Section 9.6750 of the Eugene Code, 1971, is amended to provide as follows:
9.6750 Special Setback Standards.
(1) Purpose of Special Setbacks.
Improved streets are necessary for safe and
efficient circulation within the city. Due to historical development patterns,
many streets within the city have public right-of-way widths that are less than
[that required in EC 9.6870 Street Width] the amount needed to design and
construct the streets in accordance with specifications adopted
pursuant to Chapter 7 of this code. Proper public right-of-way width is
required to allow the improvement of streets to the standards required in EC
9.6505 Improvements - Specifications. It is intended that all streets within the
city will eventually be improved to the city standard. A special setback
ensures that buildings are constructed in such a manner that they will conform
with the front and interior setbacks required by specific zones when the
streets on which they front are widened and improved to the city standard.
(2) Special Setback for Streets.
(a) A lot or parcel of land in any zone adjoining an arterial or collector
street that is not improved with curb, gutter, sidewalk, street lights
and street trees [for which the planned public right-of-way width and
alignment has been determined,] shall have a [building] special setback
line equal to a distance of one-half the width [established in EC 9.6870
Street Width, plus the setback required in the zone]designated on the
adopted Street Right-of-Way Map. If the street is not designated on
the adopted Street Right-of-Way Map, the special setback width
shall be equal to the distance of one-half of the minimum width
established by EC 9.6870 and Table 9.6870. The special setback
Ordinance - Page 5 of 14
width is separate from, and in addition to, any interior or front yard
setback required by the zone.
(b) A lot or parcel of land in any zone adjoining a local street or
accessway that is not improved with curb, gutter, sidewalk, street
lights and street trees shall have a special setback width equal to a
distance of one-half of the minimum width established by EC
9.6870 and Table 9.6870. The special setback width is separate
from, and in addition to, any interior or front yard setback required
by the zone.
(c) For purposes of subsection (a) and (b) of this section, [T]the
centerline of right-of-way 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 opposite sides of the public right-
of-way shall be the centerline for the purposes of this land use code. [If
no planned public right-of-way width and alignment has been
determined, the minimum right-of-way width shall be the maximum right-
of-way width allowed according to Table 9.6870.]
(3) Special Setback for Streets – Intrusions. Any intrusion into a special
setback is allowed, except for:
(a) Buildings; and
(b) Surface stormwater management facilities.
(3) Special Setback for Utility Easements.
[]4 A lot or parcel of land in any zone
for which there is a planned utility easement, or where extension of public
infrastructure has been identified through long-range infrastructure plans or
the design of existing infrastructure, shall have a special building setback line
to allow for the future easement.
Section 8
. Section 9.6840 of the Eugene Code, 1971, is amended to provide as follows:
9.6840 Reserve Strips.
The city manager may require the developer to dedicate a reserve
strip controlling the access to a street or alley when a reserve strip is necessary to
address one or more of the following:
(1)
To prevent access to abutting land at the end of a street in order to assure the
proper extension of the street pattern and the orderly development of land
lying beyond the street.
(2)
To prevent access to the side of a street on the side where additional width is
required to meet the right-of-way standards provided in Table 9.6870 Right-of-
Way and Paving Widths.
(3)
To prevent access to land abutting a street of the development, but not within
the development itself.
(4)
To prevent access to land unsuitable for development.
(5)
To prevent access prior to payment of street improvement assessments or
connection charges.
(6) To prevent access to an arterial or collector street when such access
would be inconsistent with EC 7.420.
Section 9
. The text (not the table) of Section 9.6870 of the Eugene Code, 1971, is
Ordinance - Page 6 of 14
amended, including moving subsection (1) to new Eugene Code Section 9.6873 as follows:
9.6870 Street Width.
Unless an alternative width is approved through use of other
procedures in this code, the right-of-way width and paving width of streets and
alleys dedicated shall conform to those designated on the adopted Street Right-of-
Way map. When a street segment right-of-way width is not designated on the
Street Right-of-Way map, the required street width shall be the [maximum]
minimum width shown for its type in Table 9.6870 Right-of-Way and Paving
Widths. [unless a lesser width is approved by the planning director and public works
director b] Based on adopted plans and policies, adopted “Design Standards and
Guidelines for Eugene Streets, Sidewalks, Bikeways, and Accessways,” or other
factors which, in the judgment of the planning and public works director [allow for a
lesser] necessitate a greater street width, a right-of-way width greater than the
minimum width shown for its type in Table 9.6870 can be required for
applications submitted in accordance with EC 9.8090, 9.8055, 9.8215, 9.8320,
9.8440 or 9.8515. The required alley width shall be the width shown for its
type in Table 9.6870 Right-of-Way and Paving Width, unless, for applications
submitted in accordance with EC 9.8090, 9.8055, 9.8215, 9.8320, 9.8440 or
9.8515, a lesser width is approved by the planning director and public works
director based on adopted plans and policies, adopted “Design Standards and
Guidelines for Eugene Streets, Sidewalks, Bikeways, and Accessways” or
other factors which, in the judgment of the planning and public works director
allow for a lesser alley width.
. . . .
(1) Slope Easements.
[ Because of terrain, slope easements may be required to
facilitate the construction of streets and alleys and protect the structural
integrity of the constructed roadway. Slope easements shall be granted in
addition to the required street or alley width listed in Table 9.6870 Right-of-
Way and Paving Widths.
(2) Construction Standards.
All streets and alleys shall be designed and
constructed according to adopted council policy and standards and
specifications adopted pursuant to Chapter 7 of this code.]
Section 10
. Section 9.6873 of the Eugene Code, 1971, is added to provide as follows:
9.6873 Slope Easements. Because of terrain, slope easements may be required to
facilitate the construction of streets and alleys and protect the structural
integrity of the constructed roadway. Slope easements shall be granted in
addition to the required street or alley width listed in Table 9.6870 Right-of-
Way and Paving Widths.
Section 11
. Subsection (19) of Section 9.8030 of the Eugene Code, 1971, is amended
and two new subsections (27) and (28) are added to Section 9.8030 of the Eugene Code, 1971,
to provide as follows:
9.8030 Adjustment Review - Approval Criteria.
The planning director shall approve,
Ordinance - Page 7 of 14
conditionally approve, or deny an adjustment review application. Approval or
conditional approval shall be based on compliance with the following applicable
criteria.
(19) Improvements, Streets and Alleys.
(a) The requirement in EC 9.6505(3)(b) that all paving improvements to
streets and alleys adjacent to the development include drainage,
curbs and gutters, sidewalks, street trees and street lights may be
adjusted to allow the site developer to improve the streets and
alleys adjacent to the development site with a temporary surface,
designed and constructed in accordance with the City’s adopted
temporary surface permit procedures. A temporary surface may be
allowed when the site developer can demonstrate that a temporary
surface is adequate to serve the development site and that a
temporary surface will not impede the public’s use of the right-of-
way.
(b) The paving requirement at EC 9.6505(3)(b) may be adjusted if the site
developer has shown that a street or alley adjacent to the development
will not be impacted by the development.
(27) Driveways and Internal Circulation. The driveway requirement of EC
9.6703(3)(a) may be adjusted if the site developer demonstrates with an
Alternative Traffic Safety Study that a shorter driveway stacking area will
provide safe ingress and egress to the development site, will not
negatively impact the efficiency of the public right-of-way, and will not
result in a hazard to the bicycle, pedestrian or vehicular traffic using the
right-of-way.
(28) Public Access Required. The public access requirement of 9.6735(2)
may be adjusted if the site developer demonstrates any of the following:
(a) Physical conditions preclude compliance with EC 7.420. Such
conditions may include, but are not limited to, topography, trees,
existing buildings or other existing development on the subject
property or adjacent property.
(b) The proposed adjustments to the standards will provide safe
ingress and egress to the development site, will not negatively
impact the efficiency of the public right-of-way, and will not result
in a hazard to the bicycle, pedestrian or vehicular traffic using the
right-of-way.
(c) The proposed development will not impact one or more of the
existing access connections to the development site. Impact to an
existing access connection includes, but is not limited to,
increasing the number of vehicles, either directly or indirectly, that
will utilize an existing access connection for ingress or egress to
the development site.
(d) Compliance with EC 7.420(1)(c) will result in traffic patterns
inconsistent with the character of the property located within a
quarter mile radius of the development site or will increase the
number of vehicular trips using the street with the lower
classification above the typical daily trip range for that street’s
classification.
Ordinance - Page 8 of 14
Section 12
. Subsection (8) of Section 9.8090 of the Eugene Code, 1971, is amended to
provide as follows:
9.8090 Conditional Use Permit Approval Criteria – General
. A conditional use permit
shall be granted only if the proposal conforms to all of the following criteria:
(8)
The proposal complies with all applicable standards, including but not limited
to:
(a) EC 9.2000 through 9.3915 regarding lot dimensions, solar standards,
and density requirements for the subject zone;
(b) EC 9.6500 through EC 9.6505 Public Improvement Standards;
(c) EC 9.6735 Public Access Required.
(cd) EC 9.6791 through 9.6797 regarding stormwater destination, pollution
reduction, flow control for headwaters area, oil control, source control,
easements, and operation and maintenance; and
(de) EC 9.6800 through EC 9.6875 Standards for Streets, Alleys, and other
Public Ways;
(ef) Where the proposal is to establish non-residential uses subject to
residential density requirements on development sites in the residential
zone category, it shall achieve the minimum and maximum density
requirements in accordance with Table 9.2750 Residential Zone
Development Standards, unless specifically exempted elsewhere in this
code or granted a modification through an approved conditional use
permit. For purposes of calculating “net density,” the acreage of land
considered shall include the entire development site and exclude public
property, such as public streets, parks, and other public facilities. In
considering whether to grant a modification to the density requirements,
the hearings official shall evaluate the following factors:
1. The availability of the development site for residential use on
August 1, 2001. The term “availability” in this section shall include
consideration of whether the site was already developed with non-
residential uses or had other site constraints impacting its
suitability for residential use.
2. The necessity of the development site to be developed with
residential uses to be able to achieve the minimum residential
density for the area designated on the Metro Plan Land Use
Diagram for either medium- or high-density residential use.
3. Adopted plan policies indicate the suitability and appropriateness
of the site for non-residential use.
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.
Additional criteria may also be required based on the applicability of other
sections of this land use code.
Ordinance - Page 9 of 14
Section 13
. Section 9.8415(2) of the Eugene Code, 1971, is amended to provide as
follows:
9.8415Property Line Adjustment Approval Criteria.
The planning director shall
approve, approve with conditions, or deny the property line adjustment application.
Approval or approval with conditions shall be based on compliance with the
following criteria:
(1)
Any buildings to be retained on the properties comply with the minimum front
and interior yard setbacks as defined in this land use code.
(2)
The final configuration of property lines shall not reduce an existing lot below
the minimum lot standards established in this land use code or otherwise
violate standards of this land use code, building codes, fire codes, and
Chapter 7.
Section 14
. Subsection (1) of Section 9.8670 of the Eugene Code, 1971, is amended to
provide as follows:
9.8670 Applicability.
Traffic Impact Analysis Review is required when one of the following
conditions exist:
(1)
The development will generate 100 or more vehicle trips during any peak hour
as determined by using the most recent edition of the Institute of
Transportation Engineer’s Trip Generation [Manual]. In developments
involving a land division, the peak hour trips shall be calculated based on the
likely development that will occur on all lots resulting from the land division.
Section 15
. Section 9.8675 of the Eugene Code, 1971, is amended to provide as follows:
9.8675 General Application Requirements.
An application for Traffic Impact Analysis
Review shall contain each of the items required by the “Standards for Traffic Impact
Analyses” available from the city. An exception to any or all of the report
content requirements listed in the “Standards for Traffic Impact Analyses” for
development that generate less than 100 trips in any peak hour may be
granted if the applicant demonstrates that the study is not necessary in order
to demonstrate compliance with EC 9.8680.
Section 16
. Section 9.8680 of the Eugene Code, 1971, is amended to provide as follows:
9.8680 Approval Criteria.
The planning director shall approve, conditionally approve, or
deny an application for Traffic Impact Analysis Review following a Type II process,
or as part of a Type III process when in conjunction with a CUP or PUD. Approval
or conditional approval shall be based on compliance with the following criteria:
(1)
Traffic control devices and public or private improvements as necessary to
achieve the purposes listed in this section will be implemented. These
improvements may include, but are not limited to, street and intersection
Ordinance - Page 10 of 14
improvements, sidewalks, bike lanes, traffic control signs and signals, parking
regulation, driveway location, and street lighting.
(2)
Public improvements shall be designed and constructed to the standards
specified in EC 9.6505 Improvements - Specifications. The requirement of
improvements based on a traffic impact analysis does not negate the ability of
the city traffic engineer to require improvements by other means specified in
this code or rules or regulations adopted thereunder.
(3)
[ An exception to any or all of the requirements listed in the “Standards for
Traffic Impact Analyses” for development that generate less than 100 trips in
any peak hour may be granted if the applicant demonstrates that the study is
not necessary in order to demonstrate compliance with this subsection.]
(4)
[]3 In addition to the above criteria, if the Traffic Impact Analysis Review was
required based on EC 9.8670(4), the improvements shall also address the
structural capacity of the street in the County’s jurisdiction and address
identified structural deficiencies, or reduction in the useful life of existing street
structures related to the proposed development. Improvements may be
needed to eliminate the identified structural deficiencies and to accommodate
vehicle impacts to structures.
Section 17
. Section 7.420 of the Eugene Code, 1971, is amended to provide as follows:
7.420 Driveways - General Construction Requirements
[.
(1)
All driveway approaches between the curb line and the back edge of the
sidewalk shall be constructed of Portland cement concrete. The concrete of
the driveway approach including the sidewalk section, shall be constructed in
accordance with the specifications given by the city engineer.
(2)
The sidewalk section of the driveway approach shall be finished and scored
as specified by the city engineer for typical sidewalk construction.
(3)
Driveway approaches shall be constructed in accordance with the standard
plans for driveway approaches as filed with the city engineer, a copy of which
shall be furnished the applicant at the time the construction permit is issued.]
Access Connections – Location.
(1) Access Connections to all Street Classifications. Access connections to
all street classifications shall be located in accordance with the
following standards:
(a) No access connection shall be located to encompass a municipal
utility. An access connection may encompass a municipal utility if
the applicant either:
1. Executes a public utility easement for the encompassed
municipal utility; or
2. Agrees to accept financial responsibility for relocating and/ or
adjusting the encompassed municipal utility.
(b) Except when an existing lot or parcel frontage is located entirely
within an area where the adjacent street grade is over fifteen
percent (15%), no access connection shall be located in areas
where the street grade is over fifteen percent (15%). If an existing
lot or parcel frontage is located entirely within an area where the
existing street grade is over fifteen percent (15%), one access
connection may be permitted at the point of lowest grade
Ordinance - Page 11 of 14
percentage.
(c) If a parcel has frontage on two or more streets of different street
classifications, the access connection shall access the street with
the lowest classification. The access connection can access the
street with the higher classification if the applicant can
demonstrate (1), (2) or (3):
1. Both of the following conditions are met:
a. The proposed access connection is abutted by two or
more directional travel lanes or an auxiliary
deceleration lane; and
b. The applicant proposes a restricted movement access
connection, including but not limited to median
barriers or directional in/out barriers.
2. Physical conditions preclude locating the access connection
on the street with the lower classification. Such conditions
may include, but are not limited to, topography, trees,
existing buildings or other existing development on the
subject property or adjacent property.
3. The access connection for a parcel with frontage on an
arterial or major collector can be located consistent with the
requirements of EC 7.420(2)(a)-(e).
(d) Access connections located within five feet of an existing alley
connection may be merged with the alley pavement. The combined
connection width shall not exceed 35 feet. A public access
easement shall be recorded and submitted to the city upon
issuance of a permit to construct the access connection.
(2) Access Connections to Arterial and Major Collector Streets. In addition
to the standards set forth in this EC 7.420(1), access connections to
arterial and major collector streets shall be located in accordance with
the following standards.
(a) Except when an existing lot or parcel is located entirely within the
intersection influence area, no access connection to an arterial or
major collector street shall be located within the intersection
influence area. If an existing lot or parcel is located entirely within
the intersection influence area, an access connection, of minimum
width, onto an arterial or major collector street will be permitted
provided the access connection is located along the property line
furthest from the intersection.
1. Influence areas of controlled intersections shall be based on
the street classification as set out in the chart below. The
influence area for the primary street shall be measured from
the centerline of the secondary street; the influence area for
the secondary street shall be measured from the centerline of
the primary street. If the intersecting streets have the same
street classification, both streets are considered primary
streets.
Primary Street Classification Secondary Street Classification
Major Arterial – 250 ft. Minor Arterial – 200 ft.
Minor Arterial – 200 ft. Major Collector – 150 ft.
Major Collector – 150 ft. Neighborhood Collector – 100 ft.
Ordinance - Page 12 of 14
2. Influence areas of partially controlled intersections shall be
based on the street classification as set out in the chart
below. The influence area for the primary street shall be
measured from the centerline of the secondary street, the
influence area for the secondary street shall be measured
from the centerline of the primary street. If the intersecting
streets have the same street classification, both streets are
considered primary streets.
Primary Street Classification Secondary Street Classification
Major Arterial – 150 ft. Minor Arterial – 75 ft.
Minor Arterial – 100 ft. Major Collector – 75 ft.
Major Collector – 75 ft. Neighborhood Collector – 50 ft.
(b) Access connections shall be spaced based on the street
classification as set out in the chart below. The spacing area shall
be measured from the edge of one access connection to the
leading edge of another access connection.
Street Classification Spacing of Access
Connections
Major Arterial 200
Minor Arterial 150
Major Collector 100
(c) Access connection spacing requirements will be reduced up to a
maximum of 50% of the required spacing, upon applicant request,
if either 1. or 2.:
1. Both of the following conditions are met:
a. The proposed access connection is abutted by two or
more directional travel lanes or an auxiliary deceleration
lane; and
b. The applicant proposes a restricted movement access
connection, including but not limited to median barriers
or directional in/ out barriers.
2. Physical conditions preclude locating the access connection
on the street with the lower classification. Such conditions
may include, but are not limited to, topography, trees,
existing buildings or other existing development on the
subject property or adjacent property.
(d) Applicant with an existing lot or parcel as of {date of this
ordinance} that cannot meet the spacing requirement, does not
qualify for a reduction in the spacing requirements, and has no
other access to the lot or parcel, will be allowed one minimum-
width restricted movement access connection.
(e) Unrestricted access connections shall be aligned with connections
across the street or have a minimum 50-foot offset so that
opposing turns from the access connection and from a center turn
lane can be executed in front of one another.
Ordinance - Page 13 of 14
(3) Access Connections to Local and Neighborhood Collector Streets. In
addition to the location standards set forth in EC 7.420(1), access
connections to local and neighborhood collector streets shall be located
in accordance with the following standards:
(a) Lots and parcels at intersections shall have the access connection
begin no less than 20 feet from the end of the radius of the curb, or
20 feet from the property corner if there is no curb.
(b) A safety island of not less than 22 feet of full height curb shall in all
cases be provided between access connections under one
ownership.
Section 18.
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 in
other provisions of the Eugene Code, 1971 to the provisions added, amended, or repealed
herein.
Section 19.
The legislative findings attached as Exhibit A hereto are adopted in support
of this Ordinance.
Passed by the City Council this Approved by the Mayor this
_____ day of________________, 2009 ____ day of ________________, 2009
_____________________________ _______________________________
City Recorder Mayor
Ordinance - Page 14 of 14
Exhibit A
Legislative Findings
to Ordinance No. __________
Code Amendments.
Eugene Code Section 9.8065 requires that the following criteria (in bold
and italic) be applied to a code amendment.
(1) Is consistent with applicable statewide planning goals as adopted by the Land
Conservation and Development Commission.
Goal 1 Citizen Involvement: To develop a citizen involvement program that insures the
opportunity for citizens to be involved in all phases of the planning process.
The City of Eugene’s land use code implements Statewide Planning Goal 1 by requiring that
notice of the proposed land use code amendments be given and public hearings be held prior to
adoption. Consideration of the amendments began with a Eugene Planning Commission work
session on July 13, 2009. On August 25, 2009, a public hearing was held before the Eugene
Planning Commission on the amendments. Department of Land Conservation and Development
notice, notice to affected property owners, Planning Commissioners, neighborhood group leaders
and interested parties, as well as a legal notice in the local newspaper was provided for that
hearing. Additionally, a properly noticed public hearing before the Eugene City Council will be
held on February 16, 2010.
The process for adopting these amendments complies with Goal 1 since it complies with, and
surpasses the requirements of the State’s citizen involvement provisions.
Goal 2 - Land Use Planning: To establish a land use planning process and policy framework as
a basis for all decisions and actions related to use of land and to assure an adequate factual
base for such decisions and actions.
The Eugene Land Use Code specifies the procedure and criteria that were used in considering
these amendments to the code. The record shows that there is an adequate factual base for the
amendments. The Goal 2 coordination requirement is met when the City engages in an
exchange, or invites such an exchange, between the city and any affected governmental unit and
when the City uses the information obtained in the exchange to balance the needs of the citizens.
To comply with the Goal 2 coordination requirement, the City provided information and sought
input on these proposed land use code amendments from all affected governmental units.
Specifically, Lane County, Oregon Department of Transportation, Lane Transit District, the
University of Oregon and other affected governmental agencies.
There are no Goal 2 exceptions required for this ordinance. Therefore, the amendments are
consistent with Goal 2.
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Goal 3 - Agricultural Land: To preserve and maintain agricultural lands.
Goal 3 is not applicable to the amendments as the subject sites and actions do not affect any
agricultural plan designation or use. Goal 3 excludes lands inside an acknowledged urban
growth boundary from the definition of agricultural lands. Since the amendments only apply to
land entirely within the acknowledged urban growth boundary, Goal 3 is not relevant and the
amendments do not affect the area’s compliance with Statewide Planning Goal 3.
Goal 4 - Forest Land: To conserve forest lands.
Goal 4 is not applicable to the amendments as the subject sites and actions do not affect any
forest plan designation or use. Goal 4 does not apply within urban growth boundaries and,
therefore, does not apply to the adoption of the amendments. Goal 4 is not relevant and the
amendments do not affect the area’s compliance with Statewide Planning Goal 4.
Goal 5 - Open Spaces, Scenic and Historic Areas, and Natural Resources: To conserve open
space and protect natural and scenic resources.
The following administrative rule (OAR 660-023-0250) is applicable to this post-
acknowledgement plan amendment (PAPA) request:
(3) Local governments are not required to apply Goal 5 in consideration of a PAPA unless
the PAPA affects a Goal 5 resource. For purposes of this section, a PAPA would affect a
Goal 5 resource only if:
(a) The PAPA creates or amends a resource list or a portion of an acknowledged
plan or land use regulation adopted in order to protect a significant Goal 5
resource or to address specific requirements of Goal 5;
(b) The PAPA allows new uses that could be conflicting uses with a particular
significant Goal 5 resource site on an acknowledged resource list; or
(c) The PAPA amends an acknowledged UGB and factual information is submitted
demonstrating that a resource site, or the impact areas of such a site, is included
in the amended UGB area.
The amendments do not affect a Goal 5 resource. Specifically, the amendments do not create or
amend a list of Goal 5 resources, do not amend a plan or code provision adopted in order to
protect a significant Goal 5 resource or to address specific requirements of Goal 5, do not allow
new uses that could be conflicting uses with a particular Goal 5 resource site, and do not amend
the acknowledged Urban Growth Boundary.
Therefore, Statewide Planning Goal 5 does not apply to these code amendments.
Goal 6 - Air, Water and Land Resources Quality: To maintain and improve the quality of the air,
water, and land resources of the state.
Goal 6 addresses waste and process discharges from development, and is aimed at protecting air,
water and land from impacts from those discharges. The amendments do not affect the Citys
=
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ability to provide for clean air, water or land resources. Rather, the amendments relate to public
ways. Specifically, the amendments relate to a proposed development’s connection to, provision
for, improvement of and impact on public ways. As such, the code amendments will not result in
any action affecting compliance with this goal. Therefore, the amendments are consistent with
Goal 6.
Goal 7 - Areas Subject to Natural Disasters and Hazards: To protect life and property from
natural disasters and hazards.
Goal 7 requires that local government planning programs include provisions to protect people
and property from natural hazards such as land slides. The amendments do not effect the City’s
restrictions on development in areas subject to natural disasters and hazards. Further, the
amendments do not allow for new development that could result in a natural hazard. The
amendments relate to public ways. Specifically, the amendments relate to a proposed
development’s connection to, provision for, improvement of and impact on public ways. As
such, the amendments will not result in any action affecting compliance with this goal.
Therefore, the amendments are consistent with Goal 7.
Goal 8 - Recreational Needs: To satisfy the recreational needs of the citizens of the state and
visitors and, where appropriate, to provide for the siting of necessary recreational facilities
including destination resorts.
Goal 8 ensures provision of recreation facilities to Oregon citizens and is primarily concerned
with the provision of those facilities in non-urban areas of the state. The amendments will not
impact provision of recreational facilities, nor will it affect access to existing or future
recreational facilities. Therefore, the amendments are consistent with Goal 8.
Goal 9 - Economic Development: To provide adequate opportunities throughout the state for a
variety of economic activities vital to the health, welfare, and prosperity of Oregon’s citizens.
The amendments will not impact the supply of industrial or commercial lands. Therefore, the
amendments are consistent with Goal 9. The amendments do not render any property unusable
for commercial or industrial uses. In fact, some of the amendments increase the amount of
property usable for commercial or industrial use. Specifically, the following amendments will
increase the amount of property usable for commercial or industrial uses:
1. Amending EC 9.6750 to: (a) allow for any intrusion into a special setback except for
buildings and surface stormwater management facilities; (b) limit the application of the special
setback requirements to situations in which the abutting street is not improved to the width
identified in the adopted street right-of-way map or, if not on the adopted map, the abutting street
is not improvement with curb, gutter, sidewalk, street lights and street trees; and, (c) change the
default special setback width from the maximum width required for the abutting street’s
classification to the minimum width required for the abutting street’s classification.
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2. Amending EC 9.6870 to change the required street width for a street that is not designated on
the Street Right-of-Way map from the maximum width for the street’s type to the minimum
width for that street’s type.
Considering these amendments, the application of the amendments does not result in an unlawful
diminution in the area’s supply of commercial or industrial land. Therefore, the amendments are
consistent with Goal 9.
Goal 10 - Housing: To provide for the housing needs of the citizens of the state.
The amendments will not impact the supply of residential lands. Therefore, the amendments are
consistent with Goal 10. The amendments do not render any property unusable for residential
uses. In fact, some of the amendments increase the amount of property usable for residential use.
Specifically, the following amendments will increase the amount of property usable for
residential uses:
1. Amending EC 9.6750 to: (a) allow for any intrusion into a special setback except for
buildings and surface stormwater management facilities; (b) limit the application of the special
setback requirements to situations in which the abutting street is not improved to the width
identified in the adopted street right-of-way map or, if not on the adopted map, the abutting street
is not improvement with curb, gutter, sidewalk, street lights and street trees; and, (c) change the
default special setback width from the maximum width required for the abutting street’s
classification to the minimum width required for the abutting street’s classification.
2. Amending EC 9.6870 to change the required street width for a street that is not designated on
the Street Right-of-Way map from the maximum width for the street’s type to the minimum
width for that street’s type.
Considering these amendments, the application of the amendments does not result in an unlawful
diminution in the area’s supply of residential land. Therefore, the amendments are consistent
with Goal 10.
Goal 11 - Public Facilities and Services: To plan and develop a timely, orderly and efficient
arrangement of public facilities and services to serve as a framework for urban and rural
development.
The Eugene-Springfield metropolitan area has an acknowledged Public Facilities and Services
Plan (PFSP). The amendments will not result in any change or conflict with the PFSP. Further,
the amendments will not affect the City’s provision of any public facilities and services,
including the transportation facilities. Therefore, the amendments are consistent with Goal 11.
Goal 12 - Transportation: To provide and encourage a safe, convenient and economic
transportation system.
Goal 12 is implemented through the Transportation Planning Rule (TPR), as defined in Oregon
Administrative Rule OAR 660-012-0000, et seq. The Eugene-Springfield Metropolitan Area
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Transportation Plan (TransPlan) provides the regional policy framework through which the TPR
is implemented at the local level. The TPR (OAR 660-012-0060) states that when land use
changes, including amendments to acknowledged comprehensive plans, significantly affect an
existing or planned transportation facility the local government shall put in place measures to
assure that the allowed land uses are consistent with the identified function, capacity and
performance standards (level of service, volume to capacity ratio, etc.) of the facility.
Adoption of the amendments will not significantly affect an existing or planned transportation
facility, as that term is defined by the TPR. Specifically, the amendments do not change the
functional classification of an existing or planned transportation facility, change the standards
implementing a functional classification system, or, as measured at the end of the planning
period identified in TransPlan, allow land uses or levels of development that would result in
types or levels of travel or access that are inconsistent with the functional classification of an
existing or planned transportation facility, reduce the performance of an existing or planned
transportation facility below the minimum acceptable performance standard identified in
TransPlan or worsen the performance of an existing or planned transportation facility that is
otherwise projected to performance below the minimum acceptable performance standard
identified in TransPlan. Further, none of the code provisions being amended were adopted to
implement the TPR. Even if one or more of the amended code provisions had been adopted to
implement the TPR, the amendments are consistent with the TPR and will not render any of the
adopted code provisions inconsistent with the TPR. Therefore, the amendments are consistent
with Goal 12.
Goal 13 - Energy Conservation: To conserve energy.
The amendments do not concern energy conservation. Therefore, Goal 13 does not apply.
Goal 14 - Urbanization: To provide for an orderly and efficient transition from rural to urban
land use.
The amendments do not effect the transition from rural to urban land use. It applies only to
property already within the City limits. Therefore, Goal 14 does not apply to the amendments.
Goal 15 - Willamette River Greenway: To protect, conserve, enhance and maintain the natural,
scenic, historical, agricultural, economic and recreational qualities of lands along the
Willamette River as the Willamette River Greenway.
The Willamette Greenway area within the Eugene Urban Growth Boundary and city limits is
governed by existing local provisions which have been acknowledged as complying with Goal
15. Those provisions are unchanged by the amendments. The amendments do not affect any area
within the Willamette Greenway Boundary.
Goal 16 through 19 (Estuarine Resources, Coastal Shorelands, Beaches and Dunes, and Ocean
Resources):
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There are no coastal, ocean, estuarine, or beach and dune resources related to the property
affected by the amendments. Therefore, these goals are not relevant and the amendments will not
affect compliance with Goals 16 through 19.
(2) Is consistent with applicable provisions of the Metro Plan and applicable adopted
refinement plans.
The code amendments relate to public ways. Specifically, the code amendments relate to a
proposed development’s connection to, provision for, improvement of and impact on public
ways. The code amendments are consistent with applicable adopted policies of the Metro Plan
and applicable adopted refinement plan policies.
(3) In the case of establishment of a special area zone, is consistent with EC 9.3020
Criteria for Establishment of an S Special Area Zone.
The amendments do not establish a special area zone.
00231209.DOC;1
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