Item 3: Ordinance on Prohibited and Special Use Limitations in ND Zone Downtown

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Action: An Ordinance Concerning Prohibited Uses and Special Use Limitations in the /ND Nodal Development Overlay Zone in Downtown; and Amending Section 9.4280 of the Eugene Code, 1971 (City File CA 12-3) Meeting Date: February 11, 2013 Agenda Item Number: 3 Department: Planning and Development Staff Contact: Nan Laurence www.eugene-or.gov Contact Telephone Number: 541-682-5340 ISSUE STATEMENT The City Council will take action on a land use code amendment to allow drive-through facilities in the /ND Nodal Development Overlay Zone within the boundaries of the Downtown Plan. BACKGROUND Last year, as part of Envision Eugene, the City Council initiated code amendments to facilitate desired mixed-use development for downtown and along transit corridors. Consistent with several strategies in the Envision Eugene proposal, the purpose of these amendments is to make compact urban development easier in the downtown, on key transit corridors, and in core commercial areas by removing regulatory barriers. These amendments are also necessary as part of the City’s strategy to accommodate the City's 20-year need for commercial and multi-family housing inside the current urban growth boundary (UGB). A number of amendments addressing these Envision Eugene strategies are being developed; however, the /ND code amendment has been pulled forward to be considered on its own with a shorter timeframe for resolution. The proposed code amendment would allow a drive-through facility as an ancillary use in association with a multi-story structure, and to allow the adjustment review process to be used to consider a drive-through facility as an ancillary use in association with a single-story structure that provides financial, pharmaceutical or government services. Currently, drive-through facilities are allowed on all commercially zoned properties in downtown, with the exception of five properties with the /ND overlay. Earlier this fall, a development opportunity surfaced for one of the five sites downtown within the /ND overlay. In late October 2012, the City Council agreed to sell property in the Downtown Plan area for the development of Northwest Community Credit Union’s regional headquarters. The development proposes a use that addresses the goals and policies for downtown development, including strengthening downtown as a regional center and increasing commercial activity between the core of downtown and the river. The development requires a drive-through facility, which currently is not allowed in the /ND overlay. Given the council’s action and terms of the sale agreement, it is necessary to consider a code amendment to the /ND overlay in an expedited fashion. S:\CMO\2013 Council Agendas\M130211\S1302113.doc