9.6860 Street Right-of-Way Map.
The November 1999 Street Right-of-Way Map is an official map adopted by the city council by Ordinance No. 20181 designating the widths of street right-of-way and street paving for specific street segments. Any street segment for which no widths are designated on this map shall have the maximum widths for its classification as set forth in Table 9.6870 Right-of-Way and Paving Widths. The Street Right-of-Way Map may be amended or modified as follows:
(1) Procedures to Amend Right-of-Way Map. Widths for proposed new streets or specific street segments as shown on the Street Right-of-Way Map may be determined, amended or modified using any one of the following procedures:
(a) By action of the city council.
(b) By order of the planning and public works directors based upon the criteria in EC 9.6860(2).
1. When the directors make a preliminary determination that a street width should be determined, amended or modified, they shall notify all property owners and occupants located within 100 feet of the affected street segment of their preliminary determination and invite comment and evidence from those affected be submitted to them by a date specified in the notice which is at least 10 days after the notice is mailed. After providing an opportunity for comment or evidence the directors shall issue an order designating the street segment’s widths.
2. Notice of the directors’ order designating the street widths shall be mailed to owners and occupants of property located within 100 feet of the affected street segment. Within 10 days of the date of the notice of the directors’ order is mailed, it may be appealed as provided in this subsection to the hearings official by any adversely affected person or a person entitled to notice under this subsection.
3. An appeal shall be on a city form and shall state specifically how the directors failed to properly evaluate the proposal or make a decision consistent with applicable criteria.
4. Unless the directors and the appellant agree to a longer period, the hearings official shall hold a public evidentiary hearing on an appeal within 45 days of submittal. At least 20 days before the hearing, the city shall mail notice thereof to the appellant and all persons who responded to the initial notice of the directors’ decision.
5. Within 15 days of the hearing, unless the appellant and the directors agree to a longer period, the hearings official shall make a decision applying the EC 9.6860(2), and within 5 days thereafter mail a notice of the decision to the appellant and persons who have requested notification. The hearings official’s decision is final.
6. The directors’ order allowing narrower widths may be included in a land use decision when consistent with the standards in Table 9.6870 and the adopted Design Standards and Guidelines for Eugene Streets, Sidewalks, Bikeways and Accessways, and it shall be combined with and governed by the notice, decision, and appellate procedures for the land use decision.
(2) Criteria. When entering an order concerning the Street Right-of-Way Map under subsection (1)(b) above the following criteria shall be considered:
(a) The comprehensive plan, refinement plans, transportation plan, special area studies and relevant adopted city policies and transportation goals.
(b) The general determination of widths by type of street as set forth in Table 9.6870.
(c) Existing and projected use of the public way and of property abutting the public way.
(d) Physical conditions in or adjacent to the right-of-way that affect public safety.
(e) Relevant rules adopted by the state and its agencies.
(f) Traffic engineering principles.
(g) Other relevant factors identified by the directors or hearings official affecting the public health, safety and welfare.