ICS-TT Subdivisions and Edge Development Committee/Natural Resources Code for PUDs
From Eugene Neighbors
An in-progress working paper of the ICS-TT Subdivisions and Edge Development Committee
Contents |
[edit] Overview
This is a proposal for some minimum edits to the City of Eugene land use code for planned unit developments (PUDs), to try to prevent unintended impacts due to misinterpretations of the existing code relative to its intent in preserving significant natural resources inside the Eugene urban growth boundary.
[edit] Problem Statement
One of the most significant impacts on edge neighborhoods is the relentless loss of their natural resource base as infill occurs. Sometimes this is on a small scale as trees are cut down or riparian areas filled in to make room for a single family dwelling. But the most significant impacts occur when large tracts are clear-cut and recontoured to make room for a new subdivision.
The Eugene land use code currently makes an attempt to limit this impact by requiring some protection of natural features and some tree preservation in the approval criteria for planned unit developments and subdivisions. Unfortunately all those code sections include ambiguous words or phrases such as "to the greatest degree attainable or feasible". Subdivision developers routinely submit plans that maximize the units per acre and minimize the infrastructure costs for their parcels, irregardless of the impact to natural resources. Most neighborhood challenges to these plans are dismissed because the applicant and his engineering consultant are typically regarded as the arbiter of what is attainable or feasible.
[edit] Solution Proposal
The sections of the Eugene Code that contain the approval criteria for large scale development projects (PUD, Subdivision, Cluster Subdivision) should be amended to add some objective criteria that both neighborhoods and developers can use to determine whether an acceptable level of natural resources protection has been proposed.
Appendix A shows an example of amended code for Tentative Planned Unit Development Approval Criteria – General. The example has one added section - 4(c) - that spells out the required minimum level of natural resources protection. It is the intent of the committee that the approval criteria for planned unit developments, subdivisions and cluster subdivisions will be amended with similar language.
[edit] Eugene Land Use Code Section
Proposed additions shown in italics.
9.8320 Tentative Planned Unit Development Approval Criteria - General. The hearings official shall approve, approve with conditions, or deny a tentative PUD application with findings and conclusions. Decisions approving an application, or approving with conditions shall be based on compliance with the following criteria:
The PUD is designed and sited to minimize impacts to the natural environment by addressing the following:
(a) Protection of Natural Features.
1. For areas not included on the City's acknowledged Goal 5 inventory, the preservation of significant natural features to the greatest degree attainable or feasible, including:
a. Significant on-site vegetation, including rare plants (those that are proposed for listing or are listed under State or Federal law), and native plant communities.
b. All documented habitat for all rare animal species (those that are proposed for listing or are listed under State or Federal law).
c. Prominent topographic features, such as ridgelines and rock outcrops.
d. Wetlands, intermittent and perennial stream corridors, and riparian areas.
e. Natural resource areas designated in the Metro Plan diagram as "Natural Resource" and areas identified in any city-adopted natural resource inventory.
2. For areas included on the City's acknowledged Goal 5 inventory:
a. The proposed development's general design and character, including but not limited to anticipated building locations, bulk and height, location and distribution of recreation space, parking, roads, access and other uses, will:
(1). Avoid unnecessary disruption or removal of attractive natural features and vegetation, and
(2). Avoid conversion of natural resource areas designated in the Metropolitan Area General Plan to urban uses when alternative locations on the property are suitable for development as otherwise permitted.
. b. Proposed buildings, road, and other uses are designed and sited to assure preservation of significant on-site vegetation, topographic features, and other unique and worthwhile natural features, and to prevent soil erosion or flood hazard.
(b). Tree Preservation. The proposed project shall be designed and sited to preserve significant trees to the greatest degree attainable or feasible, with trees having the following characteristics given the highest priority for preservation:
1. Healthy trees that have a reasonable chance of survival considering the base zone or special area zone designation and other applicable approval criteria;
2. Trees located within vegetated corridors and stands rather than individual isolated trees subject to windthrow;
3. Trees that fulfill a screening function, provide relief from glare, or shade expansive areas of pavement;
4. Trees that provide a buffer between potentially incompatible land uses;
5. Trees located along the perimeter of the lot(s) and within building setback areas;
6 Trees and stands of trees located along ridgelines and within view corridors;
7. Trees with significant habitat value;
8. Trees adjacent to public parks, open space and streets;
9. Trees located along a water feature;
10. Heritage trees.
(c) Project Design. For sections (a) and (b) above, "the greatest degree attainable or feasible" shall be demonstrated by the applicant in the one of the following ways:
1. Documenting that all the significant natural features and trees as specified in (a) and (b) above will be preserved by the submitted project design; or
2. Including commonly owned conservation areas in the project design, each area being at least 10% of the development site, and that collectively include:
a. At least 80% of the natural features as specified in (a) above, and
b. At least 60% of the trees as specified in section (b) above.
[edit] Appendix A
Tentative Planned Unit Development Approval Criteria - amended - Word document
[edit] Task Team Discussion 2008.1013
- Option to add back trees? Mitigation strategies?
- Protection for trees left, during construction?
