HomeMy WebLinkAboutOrdinance No. 20457 COUNCIL ORDINANCE NUMBER 20457
COUNCIL BILL NUMBER 5025
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.
ADOPTED: March 8, 2010
SIGNED: March 10, 2010
PASSED: 8/0
REJECTED:
OPPOSED:
ABSENT:
EFFECTIVE: April 10, 2010
ORDINANCE NO. 20457
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.
. Street standards and connectivity requirements for local
(a) Streets
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
(See Figure 9.5500(11)(b) Multiple-Family
from streets.
Driveways)
. The following standards apply:
Ordinance - Page 1 of 12
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.
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).
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
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
and provide for drainage of all such streets and
9.6870 Street Width
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.
(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
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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 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).
Ordinance - Page 3 of 12
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.
(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.
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.
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
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
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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 shall have a special setback line equal to a distance of one-half
the width 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 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, 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.
(3) Special Setback for Streets – Intrusions.
Any intrusion into a special
setback is allowed, except for:
(a) Buildings; and
(b) Surface stormwater management facilities.
(4) Special Setback for Utility Easements.
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
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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
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 minimum width
shown for its type in Table 9.6870 Right-of-Way and Paving Widths. 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 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.
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,
conditionally approve, or deny an adjustment review application. Approval or
conditional approval shall be based on compliance with the following applicable
Ordinance - Page 6 of 12
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.
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:
Ordinance - Page 7 of 12
(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.
(d) 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
(e) EC 9.6800 through EC 9.6875 Standards for Streets, Alleys, and other
Public Ways;
(f) 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.
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
Ordinance - Page 8 of 12
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. 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
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)
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
Ordinance - Page 9 of 12
vehicle impacts to structures.
Section 17
. Section 7.420 of the Eugene Code, 1971, is amended to provide as follows:
.
7.420 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 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.
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(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 ClassificationSecondary 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.
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 ClassificationSecondary 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 ClassificationSpacing of Access
Connections
Major Arterial200
Minor Arterial150
Major Collector100
(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:
Ordinance - Page 11 of 12
Exhibit A
Legislative Findings
to Ordinance No. 20457
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
ã
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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
TransPlanor 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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