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

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On January 22, 2013, the City Council held a public hearing on the proposed code amendment. At the public hearing, six community members spoke in favor of the amendments. Additionally, prior to the public hearing, three community members provided written testimony in favor of the code amendment. Prior to the City Council’s public hearing, the Planning Commission recommended approval of the code amendment to the /ND overlay. The Planning Commission limited its recommendation to the proposed Northwest Community Credit Union site based on limited analysis regarding the impacts of the code amendment on the other four downtown properties located within the /ND overlay zone. The attached draft ordinance (see Attachment A) includes the proposed code language without the site specific limitation recommended by the Planning Commission. Staff supports the application of the code amendment to all properties downtown located within the /ND overlay since the goal of this amendment is to facilitate desired development downtown in alignment with Envision Eugene. Additional background information regarding the Planning Commission’s recommendation and all materials from the record are available for review in a binder located at the City Council Office and online at www.eugene- or.gov/codeamendments Findings in support of the proposal are included with the draft ordinance in Attachment A. The ordinance and findings, with any directed changes, will be utilized in the event that the City Council votes to approve the amendment upon finding that it complies with the applicable approval criteria. RELATED CITY POLICIES Findings addressing consistency with related City policies, including provisions of the Metro Plan and Downtown Plan, are included as an exhibit to the draft ordinance (Attachment A). COUNCIL OPTIONS 1.Approve the ordinance 2.Approve the ordinance with specific modifications as determined by the City Council 3.Deny the ordinance CITY MANAGER’S RECOMMENDATION The City Manager recommends that the City Council approve the draft ordinance contained in Attachment A. SUGGESTED MOTION Move to adopt An Ordinance Concerning Prohibited Uses and Special Use Limitations in the /ND Nodal Development Overlay Zone in Downtown, as shown in Attachment A. ATTACHMENT A.Draft Ordinance and Findings As noted above, a complete set of record materials is available for review in a binder located at the City Council Office. This information is also available via www.eugene-or.gov/codeamendments. S:\CMO\2013 Council Agendas\M130211\S1302113.doc