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HomeMy WebLinkAboutOrdinance No. 20418 =~=- COUNCIL ORDINANCE NUMBER 20418 COUNCIL BILL NUMBER 4988 AN ORDINANCE CONCERNING LAND USE REGULATIONS; AMENDING SECTIONS 9.2751 AND 9.6410 OF THE EUGENE CODE, 1971; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND A SUNSET DATE. ADOPTED: August 11, 2008 PASSED: 6/2 REJECTED: OPPOSED: Clark, Solomon ABSENT: EFFECTIVE: August 13, 2008, and to sunset February 11, 2010. ORDINANCE NO. 20418 AN ORDINANCE CONCERNING LAND USE REGULATIONS; AMENDING SECTIONS 9.2751 AND 9.6410 OF THE EUGENE CODE, 1971; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND A SUNSET DATE. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Subsection (3) of Section 9.2751 of the Eugene Code, 1971, is amended to revise subsection (a) and to add a subsection (c) as follows: 9.2751 Special Development Standards for Table 9.2750. (3) Building Height. (a) Except as provided below, in the R-3 and R-4 zone, the maximum building height shall be limited to 30 feet for that portion of the building located within 50 feet from the abutting boundary of, or directly across an alley from, land zoned R-1. (c) For that area bound by Hilyard Street to the west, Agate Street to the east, East 18th Avenue to the north and East 20th Avenue to the south: 1. In the R-3 zone, the maximum building height shall be limited to 35 feet for that portion of the building located within 160 feet from the abutting boundary of, or directly across an alley from, land zoned R-1. 2. In the R-4 zone, the maximum building height shall be limited to 35 feet for that portion of the building located within 50 feet from the abutting boundary of, or directly across an alley from, land zoned R-1. It shall be limited to 50 feet for that portion of the building located within 175 feet from land zoned R-3, and shall be limited to 75 feet for that portion of the building located within 176 feet and 225 feet of land zoned R-3. Section 2. Table 9.6410 in Section 9.6410 of the Eugene Code, 1971, is amended by adding additional requirements for Multi-Family developments, to provide as follows: 9.6410 Motor Vehicle Parkino Standards. Table 9.6410 Required Off-Street Motor Vehicle Parkin Ordinance - 1 Uses Minimum Number of Required Off-Street Parkin S aces Dwellin Multiple Family developments in the R-3 and R-4 zones within the boundaries of the City recognized West University Neighbors and South University Neighborhood Associations. 1 space per studio or 1-bedroom unit 1.5 spaces/unit per 2-bedroom unit** 2 spaces/unit per 3-bedroom unit* *.5 spaces required for each additional bedroom beyond 3 bedrooms Section 3. The City Recorder, at the request of, or with the concurrence of the City Attorney, is authorized to administratively correct any reference errors contained herein or in other provisions of the Eugene Code, 1971 to the provisions added, amended, or repealed herein. Section 4. The legislative findings attached as Exhibit A hereto are adopted in support of this Ordinance. Section 5. An immediate effective date of this Ordinance is necessary in order to serve the important public purpose of ensuring that infill development in the affected area is compatible with the surroundings. Section 5. This Ordinance and the amendments authorized herein shall automatically sunset and be repealed on February 11, 2010. The City Recorder is requested to note the sunset date on appropriate City logs. Passed by the City Council this 11 th day of August, 2008 Jt1fl~'- City ecorder Approved by the Mayor this ~ dayof Aug~t, 2008 ~ If..~ f~7 Mayor Ordinance - 2 EXHIBIT A Findings Code Amendment Eugene Code Section 9.8065 requires that the following approval criteria (in bold and italics) be applied to a code amendment: (1) The amendment is consistent with applicable statewide planning goals adopted by the Land Conservation and Development Commission. Goal] - Citizen Involvement. To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. The City has acknowledged provisions for citizen involvement which insure the opportunity for citizens to be involved in all phases of the planning process and set out requirements for such involvement. The action taken did not amend the citizen involvement program. The process for adopting these amendments complied with Goal 1 because it is consistent with the citizen involvement provisions. Specifically, the Planning Commission held a series of public work sessions followed by separate public hearings held by the Planning Commission and City Council. Based on this information, the process followed is consistent with Statewide Planning Goal 1. Goal 2 - Land Use Planning. To establish a land use planning process and policy framework as a basis for all decisions and actions related to use of land and to assure an adequate factual basis for such decisions and actions. The Eugene Land Use Code specifies the procedure and criteria that were used in considering these amendments to the code. The record shows that there is an adequate factual base for the amendments. The Goal 2 coordination requirement is met when the City engages in an exchange, or invites such an exchange, between the City and any affected governmental unit and when the City uses the information obtained in the exchange to balance the needs of the citizens. To comply with the Goal 2 coordination requirement, the City engaged in an exchange about the subject of these amendments with all of the affected governmental units. Specifically, the City provided notice of the proposed action and opportunity to comment to Lane County, Springfield and the Department of Land Conservation and Development. There are no Goal 2 Exceptions required for these amendments. Therefore, the amendments are consistent with Statewide Planning Goal 2. Goal 3 - Azricultural Lands. To preserve agricultural lands. The amendments are for property located within the urban growth boundary and do not affect any land designated for agricultural use. Therefore, Statewide Planning Goal 3 does not apply. Goal 4 - Forest Lands. To conserve forest lands. The amendments are for property located within the urban growth boundary and do not affect any land designated for forest use. Therefore, Statewide Planning Goal 4 does not apply. Goal 5 - Oven Spaces. Scenic and Historic Areas. and Natural Resources. To conserve open space and protect natural and scenic resources. OAR 660-023-0250(3) provides: Local governments are not required to apply Goal 5 in consideration of a PAPA unless the PAPA affects a Goal 5 resource. For purposes of this section, a PAPA would affect a Goal 5 resource only if: (a) The PAPA creates or amends a resource list or a portion of an acknowledged plan or land use regulation adopted in order to protect a significant Goal 5 resource or to address specific requirements of Goal 5; (b) The PAPA allows new uses that could be conflicting uses with a particular significant Goal 5 resource site on an acknowledged resource list; or (c) The PAPA amends an acknowledged UGB and factual information is submitted demonstrating that a resource site, or the impact areas of such a site, is included in the amended UGB area. These amendments do not create or amend the city's list of Goal 5 resources, do not amend a code provision adopted in order to protect a significant Goal 5 resource or to address specific requirements of Goal 5, do not allow new uses that could be conflicting uses with a significant Goal 5 resource site and do not amend the acknowledged UGB. Therefore, Statewide Planning Goal 5 does not apply. Goal 6 - Air. Water and land Resource Oualitv. To maintain and improve the quality of the air, water and land resources of the state. Goal 6 addresses waste and process discharges from development, and is aimed at protecting air, water and land from impacts from those discharges. The amendments to not affect the City's ability to provide for clean air, water or land resources. Therefore, Statewide Planning Goal 6 does not apply. Goal 7 - Areas Subiect to Natural Disasters and Hazards. To protect life and property from natural disasters and hazards. Goal 7 requires that local government planning programs include provisions to protect people and property from natural hazards such as floods, land slides, earthquakes and related hazards, tsunamis and wildfires. The Goal prohibits a development in natural hazard areas without appropriate safeguards. The amendments do not effect the City's restrictions on development in areas subject to natural disasters and hazards. Further, the amendments do not allow for new development that could result in a natural hazard. Therefore, Statewide Planning Goal 7 does not apply. Goal 8 - Recreational Needs. To satisfy the recreational needs of the citizens of the state and visitors, and where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. Findings 2 Goal 8 ensures the provision of recreational facilities to Oregon citizens and is primarily concerned with the provision of those facilities in non-urban areas of the state. The plan amendments do not effect the city's provisions for recreation areas, facilities or recreational opportunities. Therefore, Statewide Planning Goal 8 does not apply. Goal 9 - Economic Development. To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon ~ citizens. The Administrative Rule for Statewide Planning Goal 9 (OAR 660, Division 9) requires cities to evaluate the supply and demand of commercial land relative to community economic objectives. The Eugene Commercial Land Study (October 1992) was adopted by the City of Eugene as a refinement of the Metro Plan, and complies with the requirements of Goal 9 and its Administrative Rule. The amendments do not impact the supply of industrial or commercial lands. Therefore, the amendments are consistent with Statewide Planning Goal 9. Goal 1 0 - Housing. To provide for the housing needs of citizens of the state. Goal 1 0 requires that communities plan for and maintain an inventory of buildable residential land for needed housing units. Although some of the amendments address residential development standards, the land use code amendments do not impact the supply or availability of residential lands included in the documented supply of "buildable land" that is available for residential development as inventoried in the acknowledged 1999 Residential Lands Study. Therefore, the amendments are consistent with Statewide Planning Goal 10. Goal 11- Public Facilities and Services. To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. The amendments do not effect the City's provision of public facilities and services. Therefore, Statewide Planning Goal 11 does not apply. Goal 12- TransTJortation. To provide and encourage a safe, convenient and economic transportation system. The Transportation Planning Rule (OAR 660 012 0060) contains the following requirement: (1) Amendments to functional plans, acknowledged comprehensive plans, and land use regulations which significantly affect a transportation facility shall assure that allowed land uses are consistent with the identified function, capacity, and performance standards (e.g. level of service, volume to capacity ratio, etc.) of the facility.... (2) A plan or land use regulation amendment significantly affects a transportation facility if it: (a) Changes the functional classification of an existing or planned transportation facility; (b) Changes standards implementing afunctional classification system; (c) Allows types or levels of land uses which would result in levels of travel or access Findings 3 which are inconsistent with the functional classification of a transportation facility; or (d) Would reduce the performance standards ofthefacility below the minimum acceptable level identified in the TSP Due to the minor nature of these amendments, the amendments do not affect the provision of safe, convenient and economic transportation systems and do not significantly affect any transportation facilities. In a May 27,2008 letter to the City, the Department of Land Conservation and Development (DLCD) has asserted that the City must show how the imposition of building height transitions in the South University neighborhood (EC 9.2751(3)(c)) is "consistent with the region's development strategy required by OAR 660-012-0035(5)." The City interprets DLCD's assertion to mean that the City is required to show the amendment is consistent with the performance measures in TransPlan that were adopted in 2002 pursuant to OAR 660-012-0035(5). DLCD specifically refers to the performance measure that calls for 23.3% of new dwelling units in Eugene and Springfield to be to be in areas designated for nodal development by 2015. While a portion of the South University neighborhood is identified in TransPlan as being part of a "Potential Nodal Development Area," no portion of the South University neighborhood has received the Nodal Development Area designation in the Metro Plan and no portion has been rezoned to include the /ND Nodal Development overlay zone. Similarly, DLCD raises a concern that the increase in parking requirements for new multi-family developments in the West University and South University neighborhoods will encourage automobile use in a nodal area. Like the South University neighborhood, a portion of the West University neighborhood is identified in TransPlan as being part of a "Potential Nodal Development Area," but no portion of the neighborhood has received the Nodal Development Area designation in the Metro Plan and no portion has been rezoned to include the /ND Nodal Development overlay zone. It is not clear that any of the areas affected by the height and parking amendments will be designated and zoned as nodal areas for purposes of the 2015 performance measure. The transition requirement applies only to the R-3 Limited High Density Residential and R-4 High Density Residential zoned land just south of the University, within the area bound by Hilyard Street to the west, Agate Street to the east, E. 18th Avenue to the north and E. 20th Avenue to the south. Further, the building heights in the R-3 and R-4 zones would be restricted to 35 feet only for that portion of a building located within 160 feet from the abutting boundary of, or directly across an alley from, land zoned R-1, and building heights in the R-4 zone would be restricted to 50 feet only for that portion of a building located within 175 feet of land zoned R-3, and to 75 feet for a portion of a building greater than 175 feet and up to 225 feet from land zoned R-3. DLCD has not identified a basis for concluding that the proposed height transitions will unlawfully interfere with the region's ability to meet its 23.3% performance standard and the City finds no such basis. Further, the City finds that the modest parking requirements are necessary to address excessive demand for on-street parking resulting from the increase in multi-family developments in the area and finds that the requirements do not conflict with any nodal policy, standard or criterion. Findings 4 Goal]] - Enerzv Conservation. To conserve energy. The amendments do not impact energy conservation. Therefore, Statewide Planning Goal 13 does not apply. Goal]4 - Urbanization. To provide for an orderly and efficient transition from rural to urban land use. The amendments do not affect the City's provisions regarding the transition of land from rural to urban uses. Therefore, Statewide Planning Goal 14 does not apply. Goal]5 - Willamette River Greenwav. To protect, conserve, enhance and maintain the natural, scenic, historical, agricultural, economic and recreational qualities of lands along the Willamette River as the Willamette River Greenway. The amendments to not contain any changes that affect the regulation of areas within the Willamette River Greenway. Therefore, Statewide Planning Goal 15 does not apply. Goal]6 through ]9 - Estuarine Resources, Coastal Shorelands, Beaches and Dunes, and Ocean Resources. There are no coastal, ocean, estuarine, or beach and dune resources related to the property effected by these amendments. Therefore, these goals are not relevant and the amendments will not affect compliance with Statewide Planning Goals 16 through 19. (2) The amendment is consistent with applicable provisions of the Metro Plan and applicable adopted refinement plans. The code amendments include minor changes to the Land Use Code that address issues raised by the community that are primarily related to residential development and lot configuration standards, without raising significant policy issues. Given the minor nature of these amendments, there are no relevant Metro Plan policies affected by this action. Furthermore, the amendments do not address any adopted refinement plans. Therefore, no refinement plan is affected by this action. (3) The amendment is consistent with Ee 9.3020 Criteria for Establishment of an S Special Area Zone, in the case of establishment of a special area zone. The amendments do not establish a special area zone. Therefore, this criterion does not apply to these amendments. Findings 5 CITY OF EUGENE INTER-DEPARTMENTAL MEMORANDUM CITY ATTORNEY - CIVIL DEPARTMENT To: Mary Feldman - City Recorder Date: September 4, 2008 Subject: Scrivener Error Correction to EC 9.2751/Code Update for Ordinance No. 20418 You have asked how to update Section 9.2751(3) of the Eugene Code, considering the effective dates of Ordinance Nos. 20417 and 20418, passed by the City Council on August 11, 2008. This memo provides direction for your immediate update of the code to incorporate the changes made by Ordinance No. 20418. Future code updates to incorporate the changes made by Ordinance 20417 will likely be necessary when the legal appeal process is complete. Background Until recently, EC 9.2751(3) has provided: (3) In the R-3 and R-4 zone, the maximum building height shall be limited to 30 feet for that portion of the building located within 50 feet from the abutting boundary of, or directly across an alley from, land zoned R-l. On August 11, 2008, the City Council adopted two ordinances that amend EC 9.2751(3). Although Ordinance 2041 7 was adopted first, it has a later effective date than does Ordinance 20418. Ordinance 20417 provides that EC 9.2751(3) is "amended to provide as follows:" (3) Building Height. (a) In the R-3 and R-4 zone, the maximum building height shall be limited to 30 feet for that portion of the building located within 50 feet from the abutting boundary of, or directly across an alley from, land zoned R-l. (b) An additional 7 feet of building height is allowed for roof slopes of 6: 12 or steeper in the R-l, R-2 and R-3 zones. The changes made by Ordinance 20417 are to take effect upon the date that ordinance is acknowledged by the State.l Because that ordinance has now been appealed, its code changes will not take effect for at least a few months. I Section 32 of Ordinance No. 20417 provides that it "shall become effective 30 days from the date of its passage by the City Council and approval by the Mayor, or upon the date of its acknowledgment as provided by ORS 197.625, whichever is later." Mary Feldman - City Recorder September 4, 2008 Page 2 Ordinance 20418, the second ordinance adopted by the Council on August 11, made changes to EC 9.2751(3) that built on those in Ordinance 20417. It provides that EC 9.2751(3) is "amended to revise subsection (a) and to add a subsection (c) as follows:" (3) Building Height. (a) Except as provided below, in the R-3 and R-4 zone, the maximum building height shall be limited to 30 feet for that portion of the building located within 50 feet from the abutting boundary of, or directly across an alley from, land zoned R -1. (c) For that area bound by Hilyard Street to the west, Agate Street to the east, East 18th Avenue to the north and East 20th Avenue to the south: 1. In the R-3 zone, the maximum building height shall be limited to 35 feet for that portion of the building located within 160 feet from the abutting boundary of, or directly across an alley from, land zoned R-1. 2. In the R-4 zone, the maximum building height shall be limited to 35 feet for that portion of the building located within 50 feet from the abutting boundary of, or directly across an alley from, land zoned R-1. It shall be limited to 50 feet for that portion of the building located within 175 feet from land zoned R-3, and shall be limited to 75 feet for that portion of the building located within 176 feet and 225 feet of land zoned R-3. As it was recommended by City staff, Ordinance 20418 would have had the same effective date as was provided for Ordinance 20417. However, just prior to its passage, the City Council passed a motion to give Ordinance 20418 an immediate effective date. When the effective date was changed, subsection (3)(c), above, should have been changed to (3)(b). However, that change was not made prior to the Council's action. The Ordinance, with the erroneous subsection reference, was signed by the Mayor on August 13, 2008 and its code changes became effective on that date. Generally, the City Recorder updates the City Code to incorporate new code changes as such code changes take effect. Therefore, a code change that is made by an ordinance with an immediate effective date is incorporated into the City Code immediately after the ordinance's passage while code changes that are made by an ordinance with a delayed effective date are not incorporated into the City Code until the effective date has arrived. Recommendation Consistent with the City Recorder's practice, we recommend that the code be immediately updated to incorporate the already-effective changes to EC 9.2751(3) that were made by Ordinance 20418, with a correction to the subsection reference that appeared in that ordinance. To do so, we recommend that the City Recorder update EC 9.2751(3) as follows: Mary Feldman - City Recorder September 4, 2008 Page 3 9.2751 Special Development Standards for Table 9.2750. (3) Building Height. (a) Except as provided below, in the R-3 and R-4 zone, the maximum building height shall be limited to 30 feet for that portion of the building located within 50 feet from the abutting boundary of, or directly across an alley from, land zoned R -1. (b) For that area bound by Hilyard Street to the west, Agate Street to the east, East 18th Avenue to the north and East 20th Avenue to the south: 1. In the R-3 zone, the maximum building height shall be limited to 35 feet for that portion of the building located within 160 feet from the abutting boundary of, or directly across an alley from, land zoned R-l. 2. In the R-4 zone, the maximum building height shall be limited to 35 feet for that portion of the building located within 50 feet from the abutting boundary of, or directly across an alley from, land zoned R-1. It shall be limited to 50 feet for that portion of the building located within 175 feet from land zoned R-3, and shall be limited to 75 feet for that portion of the building located within 176 feet and 225 feet of land zoned R-3. We believe that correcting the subsection lettering as recommended above is consistent with Section 3 of Ordinance No. 20418, which gives the City Recorder the authority to "administratively correct any reference errors contained herein or in other provisions of the Eugene Code, 1971 to the provisions added, amended, or repealed herein." Also at this time, we recommend that the City Recorder update the legislative history for EC 9.2751 to add the following phrase at the end of the existing legislative history: "subsection (3) amended by Ordinance 20418 enacted August 11, 2008, effective August 13, 2008, with those amendments to sunset and be repealed on February 11,2010." A copy of this memo should be attached to Ordinance No. 20418. If you have any questions, please let us know. HARRANG LONG GARY RUDNICK P.C. - CITY ATTORNEYS ENJ:abm d~ ~ IV ibL D771JLJ Emily ./ rome () i . ',--/ cc: Alissa Hansen 00204569.DOC;3