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HomeMy WebLinkAboutOrdinance No. 20266 ORDINANCE NO. 28266 AN ORDINANCE CONCERNING NODAL DEVELOPMENT; AMENDING SECTIONS 9.3000, 9.3020, 9.6000, 9.6725 AND 9.8320 OF THE EUGENE CODE, 1971; AND PROVIDING AN EFFECTIVE DATE. 9.3000 9.3020 THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Section 9.3000 of the Eugene Code, 1971, is amended to provide as fbtlows: _Purpose for Creatin~ecial Area Zones. The S Special Area zone provides procedures and criteria for recognition of areas of the city that possess distinctive buildings or natural f~atures that have significance for the community and require special consideration or irnplementation of conservation and development measures that can not be achieved through application of the standard base zones. In some cases, ara S Special Area Zone is applied to implement a plan for an area identified for nodal development. Application of S Special zone to a lot containing a specific building, structure, object, site or archeological resource that qualifies as an historic landmark will ensure that permitted uses encourage preservation of historic qualities. Section 2. Section 9.3020(1)(a) of the Eugene Code, 1971, is amended to provide as follows: Criteria for Estabhshment of an S Special Area Zone, Before adopting an ordinance establishing a S Special Area Zone, the city council shall find that the proposal is in compliance with following criteria: (1) The area to which the S Special Area Zone is being applied meets at least one of the following criteria: (a) Is identified in the Metro Plan or a refinement plan as appropriate for nodal development or for a special range of uses or development that can best be achieved wkh the use of a special area zone; or (b) Possesses distinctive buildings or natural features that require special consideration to ensure appropriate development, preservation, or rehabilitation. In order to be considered distinctive, it must be demonstrated that: 1. The area is characterized by buildings that merit preservation in order to protect their special features; or The area contains natural features that have been identified by the city as worthy of special treatment or preservation. Section 3~ Section 9.6000 of the Eugene Code, 1971, is amended to provide: Ordinance- 1 : an~licabili~. Unless otherwise provided in sections 9.6000 through 9.6870. of this land use code, those sections describe the general standards that apply to the entire development site at the time of any development. When an area is zoned S Special Area, as indicated on the Eugene Zoning Map, the general development standards set forth in this land use code shall govern, except when they conflict w/th the special standards applicable specifically in the special area zone. In cases of conflict, the standards specifically applicable in the special area zone shall control. Section 4. Subsections (8)(a) and (8)(b) of Section 9.6725 of the Eugene Code, 1971, are amended to provide: 9.6725 Omdoor Lig-hfing Standards~ (8) Creation of Outdoor Lighting Classifications. To ensure appropriate lighting while minimizing its undesirable side effects, the zones established elsewhere in this land use code are consolidated into lighting zones, as follows: (a) Intrinsically Dark Areas (O-1) shall consist of land zoned NR Natural Resource or contained within a conservation area/natural resource protection area. These areas are discouraged from providing lighting except where it is desirable to illuminate walkways, bike paths or other areas to be used after dark. Where lighting is to be provided the following standards shall apply: 1. Except for pedestrian/bike tunnels, the walkway or pathway shall be illuminated to a minimum average maintained luminance of .3 foot- candle and not to exceed a maximum a-verage maintained luminance of .9 foot-candle. 2. The pedestrian/bike mrmel shall be illuminated to a minimum average maintained luminance of 4.0. 3. Any other lighting fixtures not illuminating walkways, bike paths, or tmmels shall be designed to direct light dovmward, and light sources shall have an initial output of no more than 1,500 lumens. (b) Low Ambient Light Areas (0-2) shall consist of land zoned R-1 Low Density Residential, R-1.5 Rowhouse, R-2 Medium-Density Residential, C~ 1 Neighborhood Commercial, PL Public Land, or PRO Park, Recreation and Open Space, unless determined to have a high level of nighttime activky as set forth in EC 9.6725(8)(d), and any other zone not specifically listed under EC 9.6725(8)(a), (c), or (d). These areas are discouraged from providing lighting except where it is desirable to illuminate walkways, bike paths, parking lots or other areas to be used after dark. Where lighting is to be provided for all areas except parking lots, the following standards shall apply: 1. Walkways or pathways shall be illuminated to a minimum average Ordinance - 2 maintained luminance of .3 foot-candle and not to exceed a maximum average maintained luminance of .9 foot~candle~ 2~ Pedestrian/bike tunnels shall be illuminated to a minimum average maintained luminance of 4°0. 3. Any other lighting fixtures not illuminating walkways, bike paths, t~Lrmels~ or parking lots shall be designed to direct light downward, and light sources shall have an initial output of no more than 1,500 lumens. Parking lot lighting shall comply with standards found at EC 9.6725(9). Section 5~ A new Subsection (t5) is added to Section 9.8320 of the Eugene Code, 1971, to provide: TentatiYe Planned Unit Development Approval Criteria- General. The hearings official shall approve~ approve with conditions, or deny a tentative PUD application wkh findings and conclusions. Decisions approving an application, or approving with conditions shall be based on compliance with the following criteria: (15) If the proposed PUD is located within a special area zone, the applicant shall demonstrate that the proposal is consistent with the purpose(s) of the special area zone. Section 6. The City Recorder, at the request of, or -with the concurrence of the City Attorney, is authorized to administratively correct an3' reference errors contained herein or in other provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein. 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 ORS t 97.625, whichever is later. Passed by the C~ty Council this Approved by the Mayor this 12th day of November, 2002 12® day of November, 2002 City Recorder Ordinance - 3 Mayor /