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HomeMy WebLinkAboutOrdinance No. 20271 ORDINANCE NO. 20271 AN ORDINANCE ESTABLISHING A BROADWAY OVERLAY ZONE; AM[ENDING SECTIONS 9.1040, 9.6670, 9.8030 and 9.8865 OF THE EUGENE CODE, 1971; ADDING SECTIONS 9.4070 THROUGH 9.4090 TO THAT CODE; AMENDING THE EUGENE OVERLAY ZONE MAP; ADOPTING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Seeti__on 1. Section 9.1040 of the Eugene Code. 1971, is amended by adding a Broadway Overlay Zone in alphabetical order to the Table as follows: 9.1040 Establish~en~ and List of Overlay Zones. The overlay zones listed in Table 9.1040 Overlay Zones are established as follows: Table 9.1 tBW identia! Density Range Overlay' Zone (# indicates density range) Broadway Overlay Zone _See/ion 2. Sections 9.4070, 9.4075, 9.4080, 9.4085 and 9.4090 are added to the Eugene Code, 1971, to provide: 9.4070 Purpose of/BW Broadway Overlay Zone. The/BW overlay zone is intended to implement the Metro Plan and TransPlan by: (1) Establishing, strengthening, and maintaining a high quality urban environment with compatible commercial, residential and recreational uses. (2) Creating a pedestrian- friendly environment, (3) Encouraging active retail uses and eating establishments on the ground floor. (4) Prohibiting development and activities that are antithetical to pedestrian activity along the street, (5) Making Broadway a major destination in Downtown fbr both daytime and night time activities. (6) Creating development standards that: (a) Improve the quality and appearance of development in the city. (b) Ensure that such development is complementary to the community as a whole. Ordinance- 1 (7) (c) (d) (e) (f) Encourage crime prevention through environmental design, decrease opportunity ~br crime, and increase user perception of safety. increase opportunities for use of alternative modes of transportation. Promote streetscapes that axe consistent with the desired character of the underlying commercial zones. Promote safe, attractive~ and functional pedestrian circulation systems in cormr~ercial areas. Encourage residential uses, especially above 'the ground floor. %4075 /BW Broad ri. ay Zone Siting Requirements~ If consistent with the approval criteria in EC 9.8865 Zone Change Approval Criteria, the/BW Broadway Overlay Zone may be applied to properties abutting Broadway between Chamelton and Oak Streets but no~ to historic properties. (See EC 9.0500) %4080 A_.Epl~eab~l~B~. The/BW overlay zone applies to all property to which the/BW overlay zone has been applied through the City~ s rezonir~g process. 9~4085 /BW Broa flay Zog~ ~evelopment Standards~ (1) (a) A_ppl~cafion of Standards. The General Standards ~br All Development in EC 9~6000 through EC 9.6885, the special standards for specific uses in EC 9.5000 through EC 9.5850, as well as all development standards in the applicable base zone apply within this overlay zone. in the event of a conflict between the development standards, the specific provisions of EC 9.4085 through EC 9.4090 shall control. The/BW standards in this section only apply to: Uses established after November 25, 2002. 2.New development on vacant land. 3. New structm~es on redevelopment sites, such as conversion of a parking area to a building or demolition of a building and constructmn of a new building~ 4. A proposed expansion of 30% or more of the total existing structure square footage on the development site. 5. A proposed exterior modification affecting 30% or more of the ground floor wall surface facing Broadway. These modifications must comply only with the standards at EC 9.4085(3), (5)~ (7) and (8). (b) A~us~m~. The development standards in EC 9.4085(2) through (9) may be adjusted in accordance with EC 9.8030(17). (c) Nonconforming Uses. Notwithstanding EC 9~1220(3), a legally established use that does not conform to the allowed uses for the/BW Broadway Overlay Zone rnay expand its square footage by up to 30% of the area occupied by the use on November 25, 2002~ Ordinance - 2 (2) Building Setback. At least 70% of the Broadway-facing linear footage of first and second floors shall have a maximum two-foot building setback. (3) Entrances~ For buildings that are not on street corners, main building entrances shall face Broadway. Main entrances on comer buildings may face the comer~ (4) Building Height. A building shall provide either a floor4o~ce~ling first floor minimum height of 12 feet for new construction, or a two-story entry space with corresponding glazed area of no less than one-third of the building width along Broadway. (5) Build~ng Facade. At least 75 percent of Broadway-facing first floor wall area shall have openings, glazing, display windows or doorways with at least 75 percent of the total door faces being glazing, or a combination thereof~ The openings, glazing and display windows must allow two~way visibilky~ Mullions and other solid components normally associated with glazed window systems may be counted as part of the glazing for purposes of this section, Dwelling unks on the ground floor are exempt from this requirement. (6) Lighting. Notwithstanding any other provisions of this code, outdoor lighting of a building facade is permitted if provided in accordance with the standards for buildings of exceptional symbolic or historic significance (re~r to EC 9.6725(13)). (7) Rain Protectiom For every building abutting Broadway, awnings, canopies or recessed entries, or a combination of these, shall provide at least 30 inches of rain protection along at least 50 percent of that building's walls abutting Broadway~ (8) Building Projections~ Building projections such as bay-windows and functional balconies shall be permitted for no more than 30 percent of the length of the affected floor along Broadway. No pr0jec6on shall extend to more than three feet over the right-of-way. (9) Outdoor Storage~ No outdoor storage shall be permitted except for equipmem used b'y an outdoor caf~ permitted pursuant to EC 3.344(3) during the period fi:om March 1 through November 30. (10) Ground Floor Use. Ground floor non-residential uses located within 15 feet of the Broadway facade must accommodate walkdn customer service. %4~90 Prohibited Uses in the/BW Broadway Overlay Zone. The fbllowing uses are specifically prohibited in the/BW Broadway Overlay Zone: (1) Parking garages visible on the Broadway frontage at any levek (2) Outdoor storage, except for temporary events. (3) Warehousing, heavy industry, primary storage, or telecommunication facitkies (excl-udir~g call centers), tmless as a secondary use fbr a use permitted in the /BW Broadway Overlay Zone. (4) Uses which include a new vehicular access to Broadway~ (5) Awnings classified as '~temporary structures," except fbr special events. (6) Motor Vehicle Related Uses. Ordinance ~ 3 (a) Car washes~ (b) Parts stores. (c) Recreational vehicle and heavy truck, sales/rental/service~ (d) Motor vehicle and motorcycle sales/rental/service~ (e) Service stations, includes quick servicing and automobile repair. (f) Tkes~ sales/service. (g) Transit park and ride, major or minor, except under a shared parking arrangement with another permitted use~ (h) Lots or parcels used exclusively for parking~ (i) New drive-through facilifies~ (7) Trade (Retail and Wholesale), (a) Agricultural machinery rental/sales/service. (b) Boats and watercraft sales and service~ (c) Equipment, heavy, rental/sales/service. (d) Manufactured dwelling sales/service/repair. Seefiog ~ Subsection (6)(b) of Section 9.6670 of the Eugene Code, 1971~ is amended as follows: Central Commer~ Standards~ The central commercial sign standards are hereby created and applied to all property within the central commercial zones as set forth below. Signs are restricted in recognition of the high density usage of these areas, where pedestrian traffic is hea~y and vehicular traffic is commonly limked. Special Pro¥is~ons. The following signs are subject m special provisions: (b) Awnings~ marquees and projecting signs may project over public rights-of-way, and shall require a revocable permk under Chapter 7 of th~s code~ unless the projections are required by EC 9.4085(7). Awnings and marquees may project a maximum of 7 feet into the p~blic right-of-way. 2. Projecting signs may project a maximum of 4.5 feet into the public right-of-way. 3. No sign may project into a public right-of-way m a point within 2 feet of the vertical plane of any street (curb face), alley or driveway. 4~ No sign ma-y project into an alley clearance area. The "alley clearance area'~ is the area fbrmed by a line drawxq from the [r~tersecting point of a sidewalk or other public way and a public alley at an angle of 30 degrees from the projection of the boundary of the alley into the intersecting public way. (See Figure 9.6670(~)(b) Projecting S~gn Area.) 5. No sign may project from a building at the comer of 2 streets more than 1 foot for every 5 feet of distance from the point where the building wall on which the sign is attached would intersect the curb Ordinance - 4 if that wall extended to the curb. (See Figure 9.6670(6)(b) Projecting Sign Area.) Section 4. A new subsection (17) is added to Section 9.8030 of the Eugene Code, 1971. to provide: 9.8030 Adjustment Revi al Criteria. The planning director shall approve, conditionally approve, or den}, an adjustment review application. Approval or conditional approval shall be based on compliance with the following applicable criteria. (17) /BW Broadway Overlay Zone. A standard applicable wkhin the/BW Broadway Overlay Zone may be adjusted upon a finding that the proposed adjustment is consistent wkh: (a) The purposes of the/BW Broadway Overlay Zone as set forth in EC 9.4070; and (b) The applicable adjustment criteria in another subjection of EC 9.8030, if a~q)q If there is no subsection within EC 9.8030 that pertains to the type of standard being considered, adjustment may be permitted based solely on compliance with EC 9~8030(17)(a). Section 5. Subsection (4) of Section 9.8865 of the Eugene Code. 1971, is amended by adding a new subsection (k) and relettering subsections (k) and (1) to (1) and (m) as fbllows: 9.8865 Zone Change Ap_proval Criteria. Approval of a zone change apptication~ including frae designation °fan overlay zone, shall not be approved unless ~t meets all of the following criteria: (4) The proposed zone change is consistent with the applicable siting requirements set out for the specific zone in: (k) EC 9.4075/BW B ..Overlay Zone..~ Requirements. (1) EC 9.4715/WP Waterside ProLection Overlay Zone Siting Reouirements. (m) EC 9.4815/WB Wetland Buffer Overlay Zone Siting Requirements. Section6. The Legislative Findings set forth in the attached Exhibit A serve as support ~br this ordinance, but are not adopted. Section 7. The Eugene Overlay Zone Map is amended to add the/BW overlay zone to the properties as reflected on Exhibit B. Ordinance - 5 ~ecfion 8. 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 Cod< 1971, to the provisions added, amended or repealed herein~ _Seelion % If any section, subsection~ sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstkutional by a court of competent j urisdiction_ such portion shall be deemed a separate, distinct and independent provision and such holding shall not a~5~ct the validity of the remaining portions hereof. Section 10~ 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 acla~owledgment as provided by ORS 197.625, whichever is later. Passed by the C~ty Co-uncil this 25~ day of November, 2002 Approved by the Mayor this 25th day of November, 2002 Ordinance - 6 Exhibit A Findings of Consistency of Broadway Overlay Zone Amendments with Criteria For Approval of Amendmeat~ to the Eugene Code and the Eugene Zoning Map The Eugene City Council ad11 apply the following criteria kom EC 9.8065 to the proposed code amendment: (1) Is consistent w~th applicable statewide planning goals adopted by the Land COnse~,afion and Development Commission Goal ] - Citizen ~nvolvemen& To d elop a citizen invol~e3~e,t program that ins~tres the ovportuni~3r citizens to be involved in all pha3es q'the planning process] ~tion of the Broadway Overlay Zone was accomplished through h,,o workshops that relied neigh orho°d. The Ci , ami ;nJ lt nt team interviewed k~l; owners of a~fected ~ertJbs and offered the ~pportuniO,Jbr individual meetings. [njbrmatio~ ~as also lable via th ~ ~i~'s inter'bt webs~ Not'Cation was provide~ of aR public hearings as ~ired by local s[atute. Therefore, the amendments are consistent with Gaol L Goal 2 - Land ~Zs'e Pla ~ ~ish a land use Planning process and poticy pamework as a basis for all decisions and actions related to use Cf land and to assure an adequate factual basis./hr such decisions and ac[ions. e ~Yugene-Sprin~e[d Metropolitan Area General Plan (~Uetro Plan) is the po[icy tool that ovi,~ les a bas}s for deciMon-maMng in this area. The ~Ietro Plan was ackno~4edged & the ate in ~982 m be in compliance w~th statewi& planning goals, To comp(F with ~e G~a[ 2 coor~fnation requiremen~ the Ci~ coordinated ;he adopJi;n of the ordin~ace with the State Dtpa,tment of Zand C°nservatio~ and Development. ~here a;e no Goal 2 Exc~vtions requi,ed for"' [he adoption of thcse amendmentS, merefore, the amendments are consistent with ~ 7oal 2. Goal 3 - A~ricultural Lands. To Preser~Te Agricultural Lands. The amendments are for properff located within the urban growth boundary and do not affect any land designated for agricultural use. Therefore, Goal 3 is not applicable or relevant to the amendments. Exhibit A-1 C 5WENDOW S\TEMP\ap plic able criteria,wpd Goal 4 - Forest Lands. The amendments areJbr property located within the urban growth boundary and do not affect any land designated~or dgri-cult~ral use. Therefore, Goal 3 is not applicabJe or relewmt ]~ the amendments. Goal 5 - aces, Scenic and Historic Areas, and Natural Resources'. To conserve open space and protect natural and scenic resources. The area eJfected by these actions is located in the City's urban core and contain no resources from the ~ty's Goal 5 inventory of significant resour~ces. TherefOre, Goal 5 is not applicable Or relevant to the amendments. bFater and la ual/rE, To maintain and improve the quality of the a/i; water and land resources of the state. The regulations for the Broadway Overlay zone encourage alternatives to automobile travel eSPeciallY walking and transit and reduced demand for ~tomobile-related transportation facilities. Increasing the ,se of alternative modes &transportation will bec to ~mprove regional and local a~r quality. Therefore, the amendment} are consistent wm Goal 6. Goal 7 - Ar rural Disasters and Hazards. To Protect l~e and properO'~Om nat.rat disasters and hazards. The areas aJfected by these plan amendments do not include any known areas of natural disasters or bazar&. Therefore, the amendments are consisten~ with Goal ~O~[ 8 ~ Recreation.a[ ~e~ds. 7b satis~ the recreational needs of the citizens of the state and visitors, and where a~propriate, t° Provide for the siting Qfnecessary recreational facilities including destination resorts'. The plan amendments do not effect any inventoried or designated recreation areas, facdities or recreational °PPortunities. Therefore, the amendments are consistent with Goal & Goal 9 - EconOmic ~ To Provide adequate opportunities throughout tl~e state for a varieO? r(economic activitiex vital The proposed amendmengs will encourage a healthy retail and commercial environment in the core of ~Ugene's downtOWn. The amendments wil~ strengthen commerce, pedestrian activiO~, o]fice and residential suPPorting services, and transit ort~nted development. The prOposed Exhibit A-2 C:\WINDOWS\TEMP~applicable crkefia,wpd amendments affect 19 properties abutting a three block section of West Broadway, thereby leaving adequate urban area to locate th-e few autOmobile-serving commercial uses prohibited &v the ~rop~sed ord~)~ance. Adequate pr°visions are included in the amendments t~ avoid Undue hardsh¢ to existing nonco~O[ming bUSinesses and structures. Therefore, the amendments are consistent with Goal 9. To provide 3r the housing needs qf citizens of the state. The proposed antendments will not restr&t housinb Therefore, the amendments are consistent with G~l JO. Goal ]]- Public Facilities and Services. To Plan~nd develop a time¢ o er¢ and ~[ficient arrangement ¢~ublic faciIities and services to serve as a pameworkfor urban and rural development Basic urban and transit services are provided to the area by the Ci~ of Eugene and are adequate to serve fua build°ut in the affected area. mere~ore, the3e ~me~)ments are consistent with G~a[ 1L Goal 12- Transportations. To provide and encourage a safe, convenient and economic transportation The amendments (~fect building design and encourage uses within the buildings that promote pedestrian travel within the downtown area. Tram~ortation Planning Rule (OAR 660-0]2-0060) contains the following requirement: (]) Amendments to fUnctional ~lan& acknowledged comprehensive plan& and land use regulations which significantly affect a Wan~portation facility sJ~all assure that allowed land uses are consistent with the ident~ed function, capacit)5 and performance C.g. level of service, volume to capaciW ratio, etc.) of the faciliO-- A plan or land use regulation amendment sign~cantly affects a transportation~gcili~' ~f it: (a) Chw~ges the functional class~cation Qf an existing or planned transportation facili~: ~) Changex mandards implementing a functional class}~cation s3~xtem: (c) Allows types or leve& of land uses which wouM result in levels Rf trave[ or access which are inconsistent with the fimctional classification Rf a transportation facility; or Exhibit C:\WiNDOWS\T EMP\.applicable crkefia.wpd (d) Would reduce the per~/brmance standards ofthe facili~, below the minimum acceptable level identified in the TSP, The street and transit system will not be affected by these amendments. No street classifications will be amended, theref°re, the amendments comply with Goal 12 and the transportation Planning Rule. Goal 13 does not apply to the actions taken. To provide for an orderly and efficient transition fbom rural to urban land use. The affected area wholtv within the City limits. Therefore, Goal 14 is not applicable or relevant to th~ ~amendments. Goals ]5- 19. These Statewide Planning Goals do not apply to the actions taken. (2) Is consistent w~th applicable provisions of the Metro Plan and applicable adopted refinement plans. Metro plan Polities 0 (Residential Land Use and Housing Element Page IlI~A-8; "Promote higher gro-wth boundary that utilizes existing infrastmcture~ services and facilities, and conserves rural resource lands o growth boundaw.' AND Policy A. 13 (Residential Land Uxe and Housing Element Page IH-A-8) "Increase overall reSidential density in the metropolimn area by creating more opportunities fbr effectively designed in-fill, redevelopment, and mixed uSe, while considering, impacts of increased reSidential density on historic, existing and future neighborhoods.' The proposed amendments will not diminish the ability to provide high density Exhibit A-4 C'\WINDOWS\TEMP applicable criteria.wpd restTdentia[ dwellings or mixed use development within the affected area. Policy A. 12 (Residential Land Use and Housing Element Page JIJ-A-8) "Coordinate higher density residential development with the ,p, rovision of adequate infrastructure and services, open space, and other urban amenities. The proposed amendments would contribute to a more convenient, safer environment for r'esikents in the downtown area, as well as encourage more retail -and food establishments, which Will better serve downtown resit[ents. Policy A.23 (Residential Land Use and Housing Element Page Ji[l-A-i O) "Reduce irnpaCts of higher density residential and mixed use development on surrounding uses by considering site, landscape, and archi, tecmral design standards Or guidelines in local zoning and development regulations.' The design standards Jbr new development and redevelopment in the affected area are intended to promote t~e constructio~ °f high quality, hi, h-densitY resi~-entia[, co mmercia~ and mixed-use development i~ the pla~ area. The amendments provide architeCtural and site planning standards that p-r°mote traditional compatibie design within the traditional market area of Eugene's downtown. 5. Pohcy A.z4 (Restdent~al Land Use and Housing Element Page IIi-A-] O) Consider ad°p~ing or modifying local zoning and development regulations to provide a discretionary design review process or dear and objective design standards~ in order to address issues of compatibility, aesthetics, open space, and other community concerns." The prOPosed amendments provide clear and objective design standards, while also utilizing the existing adjustment review process, to allow al[ernative designs that may be more compatible w]thi~ the conteXt of the proposed structure. Policy 7 (Environmental Design Element Page [I[-E-3) "The development of urban desig~ elements as p~ of local and refinement plans shall be encouraged." Although not part of a refinement Plan, the proposed amendments provide design standa)ds based on a set °f guiding design principles. These principles encourage retail activity, pedestrian comfo~rt~ area i-denti~ca~tion ("districting"). oe~ign standar~ for built environment are also incorporated into the land USe code, Municipal Code Chapter 9. Policy 8 (Environmental Design Element Page III-E-3) "Site pta~ng standards developed by local jurisdictions shall allow lb; flexibility in design that will achieve site Exhibit A-5 C:\WIN DOWS\TEMP\applicable criteria.wpd solutions to design problems." : secondary discretionary reviews, mew design review procedures. provisions for an "adjustment review" ?f Design The guidelines are intended to promote ~ to the nodal Po cy F.3 (Transportanon Element) Prowde fbr transit suppomve land use patterns and develbpmen~, inclt~ding higher intensity transit-oriented development along m~jor transit corrid(Jrs and nero' transit stations; medium and high density residential degceloi~ment within 1/4 mile of transit stations, major transit co~:rid°rs emplosqnent centers~ and downtown areas; and development arid rede-v,elopment in desigfiated areas that axe or cottld be well sen, ed by existing or planned transit. AND Poi cy F,13 (Transportatmn Element) Support transportation strategies that enhance neigl~borhood livability ' The Broadway Overlay Zone wi[! affect an area in the traditional core market area of EUgene's do~vntoWm This area is s'erved by local and regional transit, and is located on~ bloCl~'pom the Lane Transit District ~tation andfiv~ blocks from the Amtrak station. The standards promote more intensive uses within this transit-oriented area, as well as decreased reliance on automotive travel. Eugene Dowr~town Plan Policies t. Promote intensity of development and use. The amendments restrict less intensive and automobile-se~ing uses j?om this core commercial area. Other 1Ztensive USes and mix of uses are not restricted. Rec, attrs The but via~ gnize the need for the mall to remain a people-oriented place while providing an ',rive enViroment for business. pedestrian mall has been opened for vehicular traffic (through separate actions), !;hese propOSed amendments will encourage highest quali~ and more economical(~, le re[ail, more pedestrian amenities, and attractive business environment. The Ilati°ns were crafted to have minimal impact on current businesses and to avoid Exhibit A-6 C:\WTNDOWS\TEMP\applicabIe crilem~wpcl disincentives to private investment and business opportunities. Encourage developments with visually stimulating activiVy on the ground floor. AND such centers. pedestrian routes used one of a Great Street, that is a route . interest, andperceived safety. Promote the concentration of retail activities for identiVy and marketability. Broadway was chosen as a primary retail destination because of its history as a ge market street in the downtown area. The amendments will promote this concept through retaiI'friendly first floor design an Prohibition offses that are not co~npatible with ~etail or ~eaestrian activity. ZONE CHANGES City Council will apply the following criteria from EC 9.8856 to proposals to rezone : The proposed change ~s consistent with applicable provisions of the Metro Plan. The wrk~n text o£the ff~etr© Plan shall take p~ecedence over the Metro Plan diagram Where apparent conflicts or inconsistencies exist~ The prOpOsed Broadway Overlay zone would implement the Metro Plan's policies for more intensive, transit-sUPPortive development, as discussed above. (2) The proposed zone change is consistent With applicable adopted refinement plans. In the event of inconsistencies ~etween these plans and the Metro 3tan~ the Metr° Plan controls. The propOSed Broadway Overlay Zone implements the retail-supportive policies in the Eugene DowntOWn Plan, as discussed above. Exhibit A-7 C'\WIND OWS\TE~,tP\app/icable criteria,wpd (3) The uses and density that will be allowed by the proposed zoning in the location of the prop°sed change ca}~ be served through the orderly ~xtension ofi~ey urban facilities and ~lready in place and are sufficient for future intensification of uses. Exhibit C:\WINDOW§\TEMp\applicable criteda.wpd C-3/TD C-3/TD/BW C-3/TD C-3/TD/BW C-3/TD C-3/TD/BW C-3/TD C-3/TD C-3/TD/BW C-3/TD/BW C-3/TD/BW C-3/TD C-3/TD/BW C-3/TD/BW C-3/TD C~3/TD/BW C -3/TD/BW C-3/TD/BW C-3/TD/B W C-3/TD C~3/TD/BW C-3/TD C-3/TD/BW C-3/TD/BW C-3/TD/BW SANJAC RON LLC PRADO PARTNERS EVERGREEN ASSOCIATES LOUIE JACK H & ILLINE M L MAKYADATH LAZAR V & ROSA L DAVIS HARRIET C TE TE WELLS FARGO BANK DAVIS BRANDON MCDONNELL GERALD J SPRING PROPERTIES INC SNOWDEN BETTY EUGENE CITY OF BAR_P. KENNETH H & JEANNE S SIEGRIST FiREDRICK TE/SIEGRIST BETTY JO TE BROADWAY & OAK ASSOCIATES EVERGREEN ASSOCIATES SPRING PROPERTIES INC :.Ex B,wpd Prope~ies Broadway Design Standards lOth Avenue