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HomeMy WebLinkAboutAdmin Order 58-06-01-F ADMINISTRATIVE ORDER NO. 58-06-01-F of the City Manager ADOPTING AN AMENDMENT TO THE CRITERIA FOR EXCEPTIONS IN THE ARTERIAL AND COLLECTOR STREET DESIGN STANDARDS AND GUIDELINES SECTION OF TIlE DESIGN STANDARDS AND GUIDELINES FOR EUGENE STREETS, SIDEWALKS, BIKEWAYS AND ACCESS WAYS AS ADOPTED BY RESOLUTION NO. 4608. The City Manager of the City of Eugene finds as follows: A. Design Standards and Guidelines for Eugene Streets, Sidewalks, Bikeways and Access Ways ("Design Standards and Guidelines") were adopted by Resolution No. 4608 of the City Council on November 22, 1999. The Design Standards and Guidelines included a section that allowed for exceptions to the Design Standards and Guidelines and provided a list of six Criteria for Exceptions. This Criteria for Exceptions section was also set forth in the Eugene Arterial and Collector Street Plan also adopted on November 22, 1999, as findings in support of Ordinance No. 20181. B. Section 2 of Resolution 4608 specifically authorizes that the adopted Design Standards and Guidelines may be amended in accordance with Section 2.019 of the Eugene Code, 1971, (authorizing the City Manager to adopt rules and regulations necessary for the administration or enforcement of provisions of the Eugene Code, 1971), and Section 7.085 of the Eugene Code, 1971 , (authorizing the City Engineer to prepare standards and standard specifications for construction, reconstruction, or repair of public improvements). c. Pursuant to that authority, on February 28, 2006 I issued Administrative Order No. 58-06-01, and notified the Mayor and City Councilors that I intended to amend the Criteria for Exceptions subsection of the Arterial and Collector Street Design Standards and the Guidelines section of the Design Standards and Guidelines by adding an additional (seventh) exception in order to meet design contingencies not addressed by the current exceptions as recommended by the City Engineer. D. The Notice was also published in the Register Guard, a newspaper of general circulation within the City on March 11, 12, 13, 14, 15, 2006. The Notice provided that written comments would be received thereon for a period of 15 days from the first date of publication. No comments were received within the time and manner set forth in the Notice. Now, therefore, based on the above findings, and the findings in Administrative Order No. 58-06-01, I hereby order as follows: Administrative Order - 1 1. The Criteria for Exceptions subsection of the Design Standards and Guidelines for Eugene Streets, Sidewalks, Bikeways and Access Ways, adopted by Resolution No. 4608 is hereby amended by adding an exception 7) so that the subsection provides in its entirety as follows: Arterial and Collector Street Design Standards and Guidelines Criteria for Exceptions Design standards in this chapter must be met except when an exception can be justified through consideration of the following: 1) Topography or slope constraints; 2) Significant trees or other vegetation; 3) Other natural resource constraints, including wetlands, wildlife habitat, etc.; 4) Historic resources; 5) Insufficient right-of-way, and inability to obtain additional right-of-way at reasonable cost and within a reasonable time frame for the project; 6) Adopted Council policies, including those found in neighborhood plans; 7) For a city-initiated project, the Council decides not to approve a proposed project design that meets the standards of this chapter, but, after a design process that includes input from affected property owners and interested persons, the Council approves a design that the City Engineer determines is safe and functional. 2. The City Recorder is requested to append a copy of this Administrative Order to Resolution No. 4608 and to Ordinance No. 20181 (which adopted the Eugene Arterial and Collector Street Plan as findings) and to note their amendment on the City's indexes of Resolutions and Ordinances. Dated and effective this \0 d Administrative Order - 2