HomeMy WebLinkAboutOrdinance No. 20263
ORDINANCE NO. 20263
AN O~INANCE CONCERNING NODAL DEVELOPMENT;
AMENDING SECTIONS 9.4250, 9.428~}, AND 9.4290 OF THE
EUGENE CODE, 1971; ADOPTING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1_. Section 9.4250 of the Eugene Code, 1971, is amended to provide:
9.425(~
Purpose of/ND Nodal Development Overlay Zone. The/ND Nodal Development
overlay zone is intended to direct and encourage development that is supportive of
nodal development and to protect identified nodal development areas from
incompatible development prior to adoption of nodal development plans and
implementing land use regulations. An adopted developrnent plan for a specific node
may' recommend the/ND Nodal Development overlay zone as the sole implementing
tand uSe regulation for all or part of a nodal development area. It is intended that each
node identified by the/ND overlay zone achieve an average overall residential density
of at least 12 units per net residential acre.
Section 2. Subsection (2) of Section 9.4280 of the Eugene Code, 1971, is amended to
provide:
9.4280 PrOhibRed Uses and .~_ ecial Use Limitations.
(2)
Special Use Limitations.
(a) No use may include a drive-through facility~
(b) No new building designed to be occupied by retail uses may exceed
50,000 scNare feet of building area on the ground floor and only one such
new building may contain 50,000 square feet of building area on the
ground floor.
Section 3. Subsection (1)(a) of Section 9.4290 of the Eugene Code, 1971, is amended to
provide:
9;429(~
Densi¢-and Development Standards. In addition to the requirements of the base
zone, the following standards shall apply:
(1) Minimum Residential Density and Floor Area Ratio (FAR).
Ordinance ~ 1
(a) Where the base zone is R-1 or R-1.5, new subdivisions shall achieve a
minimum residenti al density of 8 units per net acre. Minimum residential
density in R-2 shall be 15 units per net acre; in R-3 it shall be 25 units per
net acre: and in R-4 it shall be 30 units per net acre.
Section4. The Legislative Findings set forth in the attached Exhibit A serve as support fbr
this Ordinance~ but are nor adopted.
Section 5. 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of the Eugene Code, 1971, to the provisions added, amended or repealed herein.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 .6_. If any section, subsection, sentence, clause, phrase or portion of this Ordinance
is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and such holding shall not affect the
validity of the remaining portions hereof.
Section 7. Notwithstanding the effective date of ordinances as provided in the Eugene
Charter of 1976, this Ordinance 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
O '
RS 197.625, whichever is later.
Passed by the City Council this
~¢~day of October~ 2002
Approved by the Mayor this
~ day of October, 2002
Mayor
Ordinance - 2
Exhibit A
Findings of Consistency of the Fall 2002 Land Use Code Amendments
with Criteria for Approval of Amendments to the Eugene Code
The Fall 2002 Land Use Code amendments address many code sections and a wide variety of
regulations. Findings of consistency for three ordinances are provided below~ The first ordinance,
concerning land use regulations, contains code amendments that primarily address errors, clafi~y
existing code provisions or streamline procedures. The second ord/nance, concerning nodal
development~ contains changes to the/ND Nodal Development overlay zone. The third ordinance,
concerning secondary dwellings and flag lots. addresses changes to standards for residential flag lots
and secondary dwellings.
The Eugene City Council will apply the following criteria from EC 9.8065 to the proposed code
amendment:
(1) Is consistent with applicable statewide planning goals adopted by the Land
Conservation and Development Commission
Goal ] - Citizen Involvement. To develop a cizizen involvementprogram that insures the opportuni(¥,
.for citizens to be involved in all phases of'the planning process.
The City has ackr~owledged 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 ordinance concerning land use regulations includes a revision to the requirement
that the City install a 12 square ~bot freestanding sign on development sites that have certain types
of land use decisions pending. The size requirement has been reduced to 6 square feet. This change
will still provide broad public not~ce of pending land use decisions, yet the smaller size will be more
efficient for installation on the property. This change maintains consistency with Goal 1
reqmrements.
The ordinance concerning land use regulations also includes revisions that clmSfy the public hearings
that allow for the acceptance of new evidence. These changes maintain consistency with Goal 1 and
comply with State taw.
The ordinance concerning land use regulations streamlines the land use process by removing the
requirement of site review if the city has approved the proposed development through a planned unit
development (PUD) or conditional use permit (CUP) process. The PLrD and CUP process provide
greater public notice and a public hearing on a pending development proposal. This change will
remove an unnecessary administrative review (site review) of the same proposed development, but
will not decrease the overall level of citizen involvement.
The process for adopting these amendments complied with Goal 1 since it complied with, and
surpassed the requirements of, the citizen involvement provisions. Specifically, on August 30, 2002,
Exhibit A - 1
the City provided written mailed notice of the October 1, 2002, joint Eugene and Lane County
Planning Commission public heating on the Fall 2002 Draft Land Use Code Amendments. The
notice included information on the basis for the draft amendments and applicable approval criteria.
The notice was provided to the Lane County and City of Springfield Planning Directors and to all
neighborhood groups officially recognized by the city council. In additiom the notice was provided
to the following organizations involved in local land use regulations: 1) PRUDES (Professionals for
Responsible Urban Development in Eugene-S pringfield; 2) Eugene Area Chamber of Commerce;
3) Home Builders Association of Lane County; 4) Friends of Eugene; and 5) 1000 Friends of
Oregon. Any party that had request notice of the draft code amendments or that provided public
testimony was also added to an "interested party" list and provided written mailed notice of the
public hearing. Legal notice in the local newspaper was also provided in accordance with Lane
County code amendment requirements.
On October 1~ 2002, Eugene and Lane County Planning Commissions held a joint public hearing
on the draft amendments. The Eugene Planning Commission held work sessions on October 7 and
October 8 and forwarded recommendations to the Eugene City Council. On October 17, 2002,
written mailed notice was provided regarding the Eugene City Council public hearing of October
28~ 2002. The notice was mailed to all interested parties. The public hearing notice and a copy of
all three ordinances were provided on the City website.
Goal 2 ~Land,~ye Planning. To establish a land use planning process and policy ~kamework as
a basis for ail decisions and actions related to use of land and to assure an adequate factual basis
~{br such decisions and actions.
The record shows that there ~s an adequate factual base for the amendments. To comply ,Mth the
Goal 2 coordination requirement, the City coordinated the adoption of the amendments with all
affected governmental tm~ts. Specifically~ the City provided written ma~led not~ce of the proposed
amendments to the City of Springfield and Lane County. The City of Springfield provided no
comments on the pending amendments. Lane County Planning Commission held a joint public
hearing w~th the Eugene Planning Commission and will forward recommendations to the Lane
Cotmtv Board ofCommis sioners fbr application in the urban transition area. In addition, EWEB and
School District 4J were provided written notice due to the nature of some of the proposed
amendments. There are no Goal 2 Exceptions required for these amendments.
Agricultural Lands. To Preserve Agricultural Lands.
The amendments do not affect any land designated for agricultural use. Therefore, Goal 3 is not
applicable or relevant to the amendments.
G_oal 4 - Forest Lands. To conserve forest lands.
The amendments do not affect any land designated for forest use. Therefore, Goal 4 is not applicable
or relevant to the amendments.
Exhibit A - 2
G~al 5 - O_pen Spaces, Scenic and Historic Areas, and Natural Resources. To conserve open space
and pro~ect natural and scenic resources.
These amendments do not create or amend the city's list of Goal 5 resources, do not amend a code
provision adoptedin order to protect a significant Goal 5 resource or to ad&ess specific requirements
of Goal 5, do not allow new uses that could be conflicting uses with a significant Goal 5 resource
site and do nor amend the acknowledged UGB. Therefore, Goal 5 does not apply.
Goal_6 ~ Air, g. Tater and land Resource Quati~_ To maintain and improve the quality of the air,
wa~er and land resources qf the state.
The amendments do not affect the City's compliance with Goal 6.
Goal 7_~ Areas Su_ubb" ect to Natural Disasters and Hazards. To Protect life and property from natural
disasters and hazards.
The amendments do not affect the City's restrictions on development in areas subject to natural
disasters and hazards. Therefore, Goal 7 does not apply.
Goal_ 8 - Recreational Needs. To satis.[~ the recreational needs of the citizens qf the state and
visitors', and where appropriate, to provide fbr the siting of necessary recreational facilities
including destination resorts.
The plan amendments do nor affect the City's provisions for recreation areas, facilities or
recreational opportunities. Therefore. Goal 8 does not apply.
Geql 9 - Economi.c_~¢velopment. To provide adequate opportunities throughout the state for a
variet~ of economic activities vital to the health, welfare, and prosperity of Oregon's citizens.
The ordinance concerning land use regulations amendments include revisions that increase the
allowable uses in the C-4 zone by permitted uses in the "trade" category. This provides greater
flexibility for proposed projects in that zone. The revisions also add an additional use to the I-2
zone. While the ordinance concerning nodal development contains a size limitation of 50,000 square
feet for new retail uses in the nodal development overlay zone, that limitation will not render any
commercial or industrial sites unbuildable. The/ND overlay zone has not been applied to any
properties. The amendments do not diminish the supply of commemial or industrial lands.
Therefore~ they are consistent with Goal 9.
Goal 10 - . To provide for the housing ~eeds of citizens of the state.
The ordinance concerning land use regulations includes a change that makes it possible to establish
a one-family dwelling in C-1 or C-2 if it is above a nonresidential use on the ground floor.
Ordinance No. 1 also amends the code to clarify that greater residential lot density ~s allowed when
the cluster subdivision process is used.
Exhibit A - 3
The ordinance concerning nodal development includes a change to clarify the City's inmnt that
residential development in the nodal development areas achieve an average density of 12 units per
net residential acre. It also sets the minimum density requirement for nodal development areas
within the R- 1 and R-1.5 zones at. 8 units per net residential acre. The amendments in this ordinance
related to n-finimum residential densities for different base zones exceed those set forth in the Land
Use Code~ consistent with the intent to achieve an average of 12 units per net residential acre.
The ordinance concerning secondary dwellings and flag lots amends the code to permit secondary
dwellings on flag lots and to provide specific lot dimensions necessary for locating secondary
dwellings. It revises provisions for the R-1 zone to allow home occupations and secondary
dwellings on flag lots of 13, 500 square feet or more. It reduces the setback for residential flag and
alley lots to make them easier to develop. None of these provisions would render residential lands
unbuildable. In fact~ they increase the potential for resident/al development in the City. The
amendments have no impact on the supply of residential lands and are therefore consistent with Goal
10.
G~a! ]J-public Facilities_and Services. To plan and develop a timely, orderly and efficient
arrangement of public facilities and se~;ices to serve as a framework for urban and rural
development.
The amendments do not concern the City's provision of public facilities and services. Therefore,
Goal 11 does not apply.
Goal_j2- Transportation. To provide and encourage a safe, convenient and economic transportation
system.
The amendments do not significantly affect a transportation facility. Therefore, Goal 12 does not
apply.
Goal 13 ~ £nerg~ Conservation. To conserve energy.
The amendments do not concern energy conservation. Therefore, 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. Goal 14 does not apply.
Goal ]5 - Willamette River . To protect, conserve, enhance and maintain the natural,
scenic, historical, agricultural, economic and recreational qualities ef 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. The ordinance concerning land use regulations adds a cross reference that was
Exhibit A - 4
mistakenly left out of the code~ reiterating i n an additional section that the City processes requests
for modification of a Willamette Greenway Permit using a Type II process.
Goals ] ~ r l 9~ Estuarir~e Resource& Coastal Shoreland& Beaches and Dunes, and Ocean resources.
These Storewide Planning Goals do not apply to the actions taken.
(2) Is consistent with applicable pro¥isions of the Metro Plan and applicable adopted
refinement plans.
Metro Plan Policies
~sidential Land Use and Hous~ Element, Polic~_A 13. Increase overall residential density in the
metrOPolitan area by creating more opportunities for effectively designed #~-fiII, redevelopment~ and
mixed use while considering impacts of increased residential density on historic, existing andJhture
neighborhoods.
The ordinance concerning land use regulations includes a change to make it possible to establish a
one-family dwelling in C~1 or C~2 if it is above a nonresidential use on the ground floor. This is
consistent with the intent of Policy A. 13 since it promotes the mixing of commercial and residential
uses.
The ordinance concerning nodal development includes in the purpose of the /ND Nodal
Development overlay zone a statement that each node is intended to achieve an average overall
residential density of 12 units per net residential acre. The amendments in this ordinance related to
minimum residential densities for different base zones exceed those set forth in the Land Use Code,
consistent with the intent to achieve an average of 12 units per net residential acre. This is
consistent with Policy A. 13 to increase overall residential densities.
The ordinance concerning secondary dwellings and flag tots will create additional opportunities for
residential in-fill development by decreasing required setbacks for flag tots and increasing the
allowance of detached secondary dwellings. To promote compatibility with existingneighborhoods,
new builchngs on flag lots will still have greater setbacks than a standard lot and special design
standards remain in place for detached secondary dwellings,
Econ~v? Elem~ ?olicy 23, Provide for limited mixing of o~fice, commercial~ and industrial uses
under proced2~res which clearly define the conditions under which such uses shall be permitted and
which: (a) preserve the suitability of the affected areas ~br their primary uses; (b) assure
compatibility; and ( c) consider the potential for increased traffic congestion.
Ordinance No. 1 amendments include a change to make it possible to establish a one-family dwelling
or two-family dwelling m C-1 or C-2 if it is above a nonresidential use on the ground floor. These
residences are also sub~iect to the limitations in EC 9.2161(6). These limitations on residential uses
preserve the suitability of the C-1 and C-2 zones for commercial uses and take into account
compatibility and traffic issues.
Exhibit A - 5
Ordinance No. 1 amendments include revisions that ~ncrease the allowable uses in the C~4 zone by
adding permitted uses in the "trade" category. Two of the uses added, book store and drug stores
lend themselves to "neighborhood commercial" developments.
Transportation Element, Policy F. L Apply the nodal development strategy in areas selected by each
jurisdiction that have identified potential for this type of transportation-~fficient land use pattern.
The ordinance concerning nodal development includes a change to clarify the City's intent that
residential development in the nodal development areas achieve an average density of 12 units per
net residential acre. It sets the minimum density requirement for nodal development areas within
the R-1 and R~l.5 zones at 8 units per net residential acre. The amendments in this ordinance related
to n~n~murn residential densities for different base zones exceed those set forth in the Land Use
Code, consistent wi~h the intent to achieve an average of 12 units per net residential acre. This
requirement for higher intensity of development will promote transit use and is consistent with the
reqmrement of Policy F.3.
.Citizen Involvement Eletn_~nh Policy .~. Improve and maintain local mechanisms that provide the
o~portunity Jbr residents and property owners in existing residential areas to pamicipate in the
implementation r~f policies in the Plan that may affect the character of those areas.
The ordAnance concerning land use regulations includes a revision to the requirement that the City
install a 12 square foot freestanding sign on development sites that have certain types of land use
decisions pending. The size requirement has been reduced to 6 square feet. This change will still
provide broad public notice of pending land use decisions, yet the smaller s~ze will be more efficient
for installation on the property and is consistent with Policy 3.
Refinement Plan Polities
The amendments do not address a specific area of the city or a specific public facility. Therefore~
no refinement plan is particularly applicable.
Exhibit A - 6