Item B: Initiating Code Amendment for Downtown-Related Zoning Regulations

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Most of downtown is within a Parking Exempt area. Even so, many desired uses in the downtown area are not feasible without convenient parking. These include uses such as movie theaters or anchor retail as well as commercial office. The cost of structured parking is prohibitively expensive for all but the largest projects. The availability of surface parking may be the deciding factor in allowing a downtown development to go forward. Prohibiting more than 20 surface spaces may cause a desirable business to locate elsewhere, outside of downtown. 3. /TD (Transit Oriented Development) Overlay The /TD Overlay applies to most of the area within the Downtown Plan boundary, but not to the Courthouse area, a portion of EWEB’s riverfront property, or properties facing Broadway between Mill and Hilyard. The purpose of the /TD overlay is to support enhanced pedestrian activity, transit access, a mix of uses, and an attractive streetscape. Three issues were identified with the application of this overlay zone. First, the FAR or Floor Area Ratio requirements, essentially the ratio of floor area to site area, could be an impediment to desired development. For example, if a one-floor retail business such as the Pottery Barn or a movie theatre were interested in building downtown, it might not meet the required FAR. Both examples often have the desired mass and height but not the continuous coverage of a second floor. Second, the /TD boundaries were identified as an issue, such as where this overlay was not applied to areas within downtown, such as the Courthouse area, or applied to areas outside the Downtown Plan boundaries, th such as along Willamette Street south of 13 Avenue. In this location, the /TD regulations require a downtown scale of development for an area outside of downtown, where residential and small scale commercial uses predominate. Third, concerns were raised about the circumstances under which adjustment review could be used to modify the required standards. Currently, this requirement can be adjusted through an Adjustment Review process, but only under certain circumstances, including no alley, or physical or legal constraints. 4. Bike Parking The requirement for long-term bike parking supports the use of alternative modes for downtown, but usually requires the use of potentially leasable space. Under the code, a typical bicycle parking space requires 22 square feet (including the access aisle). A multi-family structure with 75 units would require 75 spaces, all of which need to be long-term, covered spaces, an area equal to approximately 1,300 square feet, assuming a double loaded aisle. These standards can be adjusted, but typically not reduced. For a multi-family building in C-2, bike parking would not count towards the required ground floor non-residential use. Providing bike parking may also conflict with the FAR required. If bike parking spaces are provided outside of a building front, these spaces would not contribute to the required FAR, although they are a desired urban amenity. In the numerous public discussions held so far, it appears that further review and possible changes to the Land Use Code could work toward the objective of achieving a vibrant, active and densely developed downtown. Revising the /TD overlay to serve as a Downtown Zoning District emerged as a possible strategy to address issues identified so far, and to align the regulations affecting downtown. However, no specific solutions or code language has been drafted to develop this strategy or to appraise it in a public forum. L:\CMO\2005 Council Agendas\M050912\S050912B.doc