Eureka council backs planning commission review of new subdivision ordinance draft

Eureka — Council members and city staff agreed at a March work session to begin a formal review of a replacement subdivision ordinance adapted from Fountain Green, directing the planning commission to vet the draft and hold the required public hearing before any council adoption.

The topic drew the longest discussion of the evening as Shay, a planning consultant attending the meeting, said the Fountain Green draft is clearer and easier to follow than the town’s current ordinance. “My recommendation would be … the Fountain Green one,” Shay said, urging the planning commission to adapt the draft to Eureka’s local particulars and return a recommendation to the council.

Council members expressed concern that the earlier draft prepared by Mike Hansen contained confusing language in the minor-subdivision section; Shay and several council members said that section should be rewritten. “That to me is a little bit concerning,” Shay said of the Hansen wording. Council members also noted the town will need specific, well-drafted minor-subdivision rules because many future subdivisions may be small: Shay said most incoming subdivisions “you’ll get will be 10 lots or fewer.”

The council discussed two paths: (1) amend the current ordinance to clarify the minor-subdivision rules, or (2) adopt a new ordinance adapted from Fountain Green, then have the planning commission tailor it to Eureka and recommend it to council. Several council members said they preferred the Fountain Green-based draft because it is more concise and because Shay and town staff have already produced checklists and applications that would fit the new draft.

Shay said the draft has been reviewed by attorney Todd Godfrey for Fountain Green and that legal review of any final version should follow. The planning commission will need to hold a public hearing before making any formal recommendation to the council; Shay offered to attend the planning commission meeting to present the draft and answer questions.

Council members asked staff to circulate the draft to the planning commission and to the council for review before the commission’s next meeting. Shay recommended the council and planning commission coordinate to date and notice the public hearing; staff confirmed the land-use amendment/notice steps would be required.

The council did not adopt any ordinance during the work session. Instead, members directed staff and the planning commission to begin the drafting and vetting process and to return a recommended ordinance and public-hearing record for a future council meeting.

Looking ahead, Shay and council members said it will be important to align any subdivision standards with the city’s construction standards for utilities, storm drainage and road sections, and to put finalized code online in a searchable format so staff and the public can reference it.

Procedural note: the planning commission may discuss the draft at its next meeting, but a public hearing will be required before the commission can make a formal recommendation to the council.