Loading...
HomeMy WebLinkAboutOrd. 20600COUNCIL ORDINANCE NO. 20600 COUNCIL BILL 5193 AN ORDINANCE CONCERNING A ROOF SIGN FOR PROPERTY IDENTIFIED AS MAP/TAX LOT 17-03-31-11-02800. ADOPTED: July 23, 2018 SIGNED: July 24, 2018 PASSED: 8:0 REJECTED: OPPOSED: ABSENT: EFFECTIVE: August 24, 2018 Eugene ORDINANCE NO. 20600 AN ORDINANCE CONCERNING A ROOF SIGN FOR PROPERTY IDENTIFIED AS MAP/TAX LOT 17-03-31-11-02800. The City Council of the City of Eugene finds as follows: A. Because these exceptions from the City's sign regulations are specific to a single property, it is appropriate to adopt the exceptions by ordinance without codification. B. A copy of this ordinance shall be maintained at the City's Planning and Development Department. NOW, THEREFORE, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Notwithstanding any conflicting provisions in Sections 9.6600 through 9.6680 of the Eugene Code, 1971 ("EC"), a single roof sign may be erected on the property identified as map/tax lot 17-03-31-11-02800, located at the northeast corner of 61h Avenue and Oak Street, a map of which is attached as Exhibit A to this Ordinance ("the Property"). The roof sign shall conform to the following requirements: 1. The sign may not exceed 200 square feet in sign area for one face and 400 square feet in area for 2 or more faces. 2. Not more than 50 percent of the sign area shall be comprised of solid or opaque material. 3. The sign shall not exceed the height limitations in EC 9.6715(3) or 530 feet in elevation above mean sea level, whichever is higher. 4. The sign shall be mounted no more than 15 feet above the surface of the roof or parapet wall at the sign location. 6. The sign must be constructed in accordance with the requirements of the State of Oregon Structural Specialty Code. Section 2. Additional signs located on the Property shall be subject to the Highway Commercial Sign Standards (EC 9.6675). Section 3. The findings set forth in Exhibit B attached to this Ordinance are adopted as findings in support of this Ordinance. Passed by the City Council this 231 day of July, 2018. City Recorder Ordinance - Page 1 of 1 Approved by the Mayor this -9 i day of July, 2018. Mayor Exhibit A Property Subject to Sign Code Ordinance (CA 18-3) ti w w ti ti w 5 x Y O' E STH AVE E 5TH AVE MIT—HAII 6 K G W a E 7TH AVE R 0 60 120 240 E 4TH AVE babysubJec[[o� and Por general referen- onnl,.h. May 2018 Eugene Exhibit B Preliminary Findings Gordon Hotel Sign Ordinance (City File CA 18-3) Overview Gordon Hotel Sign Ordinance: This proposed land use ordinance will permit one unique, illuminated roof sign with a defined size maximum, height as measured from grade, and mounting style on a specific property located at the northeast corner of E. 6" Avenue and Oak Street. Findings Eugene Code Section 9.8065 requires that the following approval criteria (in bold italics) be applied to a land use ordinance: (1) The amendment is consistent with applicable statewide planning goals adopted by the Land Conservation and Development Commission. Goal 1 - 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 community 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 proposed land use ordinance does not amend the citizen involvement program. The process for adopting this ordinance complied with Goal 1 because it is consistent with the City's acknowledged citizen involvement provisions. A Notice of Proposed Amendment was filed with the Oregon Department of Land Conservation and Development on May 2, 2018. A public hearing was scheduled before the Planning Commission on June 5, 2018. A public hearing is scheduled before the City Council for July 16, 2018. Consistent with land use code requirements, the Planning Commission public hearing on the proposal was duly noticed to all affected property owners and occupants, owners and occupants of property within 300 feet of the site, all neighborhood organizations in Eugene, the Oregon Department of Land Conservation and Development, Lane County, City of Springfield, and community groups and individuals who have requested notice. Signs announcing the public hearing were posted May 4, 2018 on and around the affected properties, consistent with land use code requirements. Information concerning the ordinance, including the dates of the public hearings, was posted on the City of Eugene website. These processes afford ample opportunity for citizen involvement consistent with Goal 1. Therefore, the ordinance 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 Findings - 1 Exhibit B decisions and actions. Eugene's land use code specifies the procedure and criteria that were used in considering this ordinance. The record shows that there is an adequate factual basis for the ordinance. 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 this ordinance with all of the affected governmental units. Specifically, the City provided notice of the proposed action and opportunity to comment to the Oregon Department of Land Conservation and Development, as well as to Lane County and the City of Springfield. There are no exceptions to Statewide Planning Goal 2 required for this ordinance. Therefore, the ordinance is consistent with Statewide Planning Goal 2. Goal 3 - Agricultural Lands. To preserve agricultural lands. The ordinance is 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 -Forest Lands. To conserve forest lands. The ordinance is 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 -Open 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 Goals in consideration of a PAPA unless the PAPA affects a Goals resource. For purposes of this section, a PAPA would affect a Goals 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 Goals resource or to address specific requirements of Goal S; (b) The PAPA allows new uses that could be conflicting uses with a particular significant Goals 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. This ordinance does not create or amend the City's list of Goal 5 resources, does not amend a land use code provision adopted to protect a significant Goal 5 resource or to address specific requirements of Goal 5, and does not amend the acknowledged urban growth boundary. Therefore, the ordinance does not affect (a) or (c). In regards to (b), the property subject to the site-specific ordinance does not contain any Goal 5 resources. However, the 1978 Scenic Sites Working Paper and accompanying map, which is a part of Findings - 2 Exhibit B the City's adopted significant Goal 5 inventory (see Ordinance No. 20351), identifies Skinner Butte is as a "Scenic Site" (as both a "Vista" and as containing "Prominent and Plentiful Vegetation"). Per OAR 660-023-0230, "scenic views and sites" are lands valued for their aesthetic appearance. Skinner Butte has long been recognized and valued in the community for its aesthetic appearance, which is evidenced by the adoption of the Skinner Butte Height Limitation Area in 1968. Notably, this pre -dates the adoption of Statewide Planning Goal 5 in December 1974. Section 9.6715(1) of the Eugene Code (EC), describes the purpose of height limitation areas as follows: "Certain geographical landmarks have scenic attributes that are of value to the community as a whole. To protect views to and from these landmarks, special limitations on building height are established on and around them." For the reasons detailed below, the ordinance does not allow uses that could conflict with the scenic qualities of Skinner Butte. The ordinance has been written in a way to permit one unique sign restricted to one identified property to minimize visual barriers to Skinner Butte. The ordinance contains the following to minimize visual barriers: 1. The sign may not exceed 200 square feet in sign area for one face and 400 square feet in area for 2 or more faces. 2. Not more than 50 percent of the sign area shall be comprised of solid or opaque material. 3. The sign shall not exceed the height limitations in Eugene Code 9.6715(3) or 530 feet in elevation above mean sea level, whichever is higher. 4. The sign shall be mounted no more than 15 feet above the surface of the roof or parapet wall at the sign location. 5. The sign must be constructed in accordance with the requirements of the State of Oregon Structural Specialty Code. Given these design parameters and the distance between the subject property and Skinner Butte, the potential impact to the views to and from the butte is minimal. The Gordon Hotel Sign Ordinance does not conflict with the scenic value of the butte or the viewing of its prominent and plentiful vegetation, and therefore does not allow new uses that could be conflicting uses with a significant Goal 5 resource site. The ordinance is consistent with Statewide Planning Goal 5. Goal 6 - Air, Water and land Resource Quality. 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 ordinance does 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 Findings - 3 Exhibit B disasters and hazards. Goal 7 requires that local government planning programs include provisions to protect people and property from natural hazards such as floods, landslides, earthquakes and related hazards, tsunamis and wildfires. The Goal prohibits a development in natural hazard areas without appropriate safeguards. The ordinance does not affect the City's restrictions on development in areas subject to natural disasters and hazards. Further, the ordinance does 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. 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 ordinance does not affect the City's provisions for or access to 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's citizens. Goal 9 requires cities to evaluate the supply and demand of commercial land relative to community economic objectives. The ordinance does not impact the supply of industrial or commercial lands. Therefore, the ordinance is consistent with Statewide Planning Goal 9. Goa110 - Housing. To provide for the housing needs of citizens of the state. Goal 10 requires communities to provide an adequate supply of residential buildable land to accommodate estimated housing needs for a 20 -year planning period. The Residential Lands Supply Study (2017) was adopted by the City of Eugene as a refinement of the Envision Eugene Comprehensive Plan, and complies with the requirements of Goal 10 and the corresponding Administrative Rule. The ordinance does not impact the supply of residential buildable land. No land is being re- designated from residential use to a nonresidential use, and the ordinance does not otherwise diminish the amount of lands available for residential use. Accordingly, the ordinance does 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 Residential Lands Supply Study. Therefore, the ordinance is 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 ordinance does not affect the City's provision of public facilities and services. Therefore, Findings - 4 Exhibit B Statewide Planning Goal 11 does not apply. Goal 12- Transportation. To provide and encourage a safe, convenient and economic transportation system. The Transportation Planning Rule (OAR 660-012-0060) contains the following requirement: (1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation (including a zoning map) would significantly affect an existing or planned transportation facility, then the local government must put in place measures as provided in section (2) of this rule, unless the amendment is allowed under section (3), (9) or (10) of this rule. A plan or land use regulation amendment significantly affects a transportation facility if it would: (a) Change the functional classification of an existing or planned transportation facility (exclusive of correction of map errors in an adopted plan); (b) Change standards implementing a functional classification system; or (c) Result in any of the effects listed in paragraphs (A) through (C) of this subsection based on projected conditions measured at the end of the planning period identified in the adopted TSP. As part of evaluating projected conditions, the amount of traffic projected to be generated within the area of the amendment may be reduced if the amendment includes an enforceable, ongoing requirement that would demonstrably limit traffic generation, including, but not limited to, transportation demand management. This reduction may diminish or completely eliminate the significant effect of the amendment. (A) Types or levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility; (8) Degrade the performance of an existing or planned transportation facility such that it would not meet the performance standards identified in the TSP or comprehensive plan; or (C) Degrade the performance of an existing or planned transportation facility that is otherwise projected to not meet the performance standards identified in the TSP or comprehensive plan. The ordinance does not change the functional classification of a transportation facility, change the standards implementing a functional classification system or degrade the performance of a facility otherwise projected to not meet performance standards. Therefore, the ordinance does not significantly affect any existing or future transportation facilities. Based on the above findings, the ordinance is consistent with Statewide Planning Goal 12. Goal 13 - Energy Conservation. To conserve energy. The ordinance does not impact energy conservation. Therefore, Statewide Planning Goal 13 does not apply. Goal 14 - Urbanization. To provide for an orderly and efficient transition from rural to urban land use. Findings - 5 Exhibit B The ordinance does 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 15 - Willamette River Greenway. 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 ordinance does not contain any changes that affect the Willamette River Greenway regulations, therefore, Statewide Planning Goal 15 does not apply. Goal 16 through 19 - 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 this ordinance. Therefore, these goals are not relevant and the ordinance will not affect compliance with Statewide Planning Goals 16 through 19. (2) The amendment is consistent with applicable provisions of the comprehensive plan and applicable adopted refinement plans. Applicable Metro Plan Policies The following policies from the Metro Plan (identified below in italics) are applicable to this ordinance. To the extent that the following policies constitute mandatory approval criteria, based on the findings provided below, the ordinance is consistent with and supported by the applicable provisions of the Metro Plan. Environmental Design Element E.5 Carefully develop sites that provide visual diversity to the urban area and optimize their visual and personal accessibility to residents. The intent of this ordinance is to permit one unique, illuminated roof sign with a defined size maximum, height as measured from grade, and mounting style on a specific property. The addition of this sign will add visual diversity to the urban area while serving as a directional tool for residents and visitors to the downtown core area. Envision Eugene Comprehensive Plan The Envision Eugene Comprehensive Plan does not contain any policies relevant to this ordinance. Applicable Refinement Plans Given the narrow applicability of this ordinance, only the Eugene Downtown Plan (2004) was found to have policies relevant to this ordinance: Chapter 2, Policy 2. Use downtown development tools and incentives to encourage development that provides character and density downtown. Findings - 6 Exhibit B Although this policy is aspirational, the ordinance is consistent with it, supporting building character which adds to the downtown, urban environment. Based on the above findings, the proposal is consistent with and supported by the applicable provisions of these adopted plans. (3) The amendment is consistent with EC 9.3020 Criteria for Establishment of an S Special Area Zone, in the case of establishment of a special area zone. The ordinance does not establish a special area zone. Therefore, this criterion does not apply. Findings - 7