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HomeMy WebLinkAboutOrdinance No. 20280 ORDINANCE NO. 20280 AN ORDINANCE CONCERNING CHAPTER 9 PARKING ~QUIREMENTS; AMENDING SECTIONS 9~2173~ 9.6410~ AND 9,6430 OF THE EUGENE CODE~ 1971; ADOPTING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Subsection (4)(a) of Section 9.2173 of the Eugene Code, 1971, is amended to provide: 9.2173 Commercial Zone De~'elopment Standards - Large Commercial Facilities. (4) Off-Street Parldng. (a) No off-street parking shall be located between the front facade of any new building(s) and the primary adjacent street. Section 2. Subsections (2)(a) and (3)(a) of Section 9.6410 of the Eugene Code, 1971 are amended, and the entries for ~'School, Public or Private (Elementary through Middle School)" and '~School, Public or Private (High School)," within the Education, Cultural, Religious, Social and Fraternal category of Table 9.6410, are amended to provide: 9.6410 Motor Vehicle Parking Standards. (2) Maximum Number of Off-Street Parking Spaces. (a) Except for required parking spaces for persons with disabilities, spaces provided in park and ride lots operated by a public transk agency, and spaces within structured parking with 2 or more levels, the maximum number of parking spaces for non-residential uses may not exceed 125 percent of the minimum spaces required by EC 9.6410(3) Minimum Number of Required Off-Street Parking Spaces, unless an adjustment is granted according to EC 9.8030(10) Motor Vehicle Parking and Loading Standards Adjustment. This standard does not apply to existing parking areas that are not expanded. Ordinance- 1 (3) Minimum Number of Required Off-Street Parking Spaces, Except as provided in this section, or in an adjustment pursuant to EC 9.8030(10) Motor Vehicle Parking and Loading Standards Adjustment, the minimum number of required off-street parking spaces shall be calculated as provided in Table 9.6410 Required Off-Street Motor Vehicle Parking. (a) A parking reduction of up to 50% of the minimum requirement in the/ND overlay zone arid up to 25 percent of the minimum requirement in all other zones is allowed as a fight of development. In addition to these reductions, a parking reduction of 25% of the minimum required off-street parking is allowed for shared off-street parking. (See EC 9.6430) (b) For any use located in the C-1 zone: 1. No parking spaces are necessary if 8 or fewer parking spaces are otherwise required. if 9 or more parking spaces are otherwise required, the required parking can be reduced by 4 spaces if the business contributes towards providing urban amenities such as benches, low' level lights, a bus shelter, or other open space improvements in the area. (c) Motor vehicle parking at Autzen Stadium Complex shall comply with: 1. So long as a city-approved intergovernmental agreement incorporating a transportation demand management plan for Autzen Stadium complex is in effect a minimum of 4,749 vehicle parking spaces are required to be provided on the Autzen Stadium Complex site or within 1000' of that site. All required parking shall be owned by the state of Oregon, except through a city-approved agreement that binds the parking area to the Autzen Stadium Complex. 2. If the above referenced intergoverrmaental agreement is not in effect, the Autzen Stadium Complex shall be required to provide 1 vehicle parking space for each 4.4 seats. Table 9.6410 Required Off-Street Motor Vehicle Parking Uses Minimum Number of Required Off- Street Park/ng Spaces School, Public or Private (Elementary School) 1 space per 8 students of design capacity as determined by the schook School, Public or Private (Middle School) 1 space per 9 students of design capacity as determined by the school. School, Public or Private (High School) 1 space per 3.5 students of design capacity as determined by the school. University' or College I 1 per every 3.5 full time equivalent students. Ordinance - 2 SeCtion 31 Section 9.6430 of the Eugene Code, 1971, is amended to provide: %6430 Shared Off-Street Parking, ~en 2 or more uses share common parking facilities, the total number of Parking spaces required shall be the sum of spaces required for those uses individually unless a reduction is allowed under EC 9.6410(3)(a), or ar~ ad~iustment is authorized pursuant to the criteria of EC 9.8030(10)(c) of this land use code. SectiOn 4. The Legislative Findings set forth in the attached Exhibit A serve as support for this Ordinance, but are not 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, 197 l, to the provisions added, arnended or repealed herein. Seetion 6~ If any section, subsection, sentence, clause, phrase or portion of this Ordinance is ~br 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 affkct the validity of the remaining portions hereo£ 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 197.625~ whichever is later. passed by the Ci~ Council this 24!~ day of Febrna~, 2003 Approved by the Mayor th~s 24th day of February, 2003 Mayor/ Ordinance - 3 Exhibit A Findings of Consistency of Land Use Code Amendments with Criteria for Approval of Amendments to the Eugene Code lYhe Fall 2002 Land Use Code amendments address many code sections and a wide variety of regulations. Findings of consistency for ordinances 4 and 5- are provided below. The ordinance concerning amendments to parking requirements primarily addresses parking standards for schools and shared off*street parking. The ordinance concerning amendments to entertainment and recreation uses, parking area landscaping and other provisions primarily addresses errors, clarifies existing code provisions, and streamlines procedures. The Eugene City Council x~411 apply the following criteria from EC 9.8065 to the proposed code amendment: Is consistent with applicable sta/ewide planning goals adopted by the Land- Conservation and Development Commission Goat i - ~Citizen [nvolve, menL To develop a citizen involvementprogram that insures the opportuniO; for citizens i'o be involved in att 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 since it complied with, and surpassed the requirements of, the citizen involvement provisions. Specifically, on August 30, 2002, the City' provided written mailed notice of the October 1,2002, joint Eugene and Lane County Planning Commission public heanng on the Fall 2002 Draft Land Use Code Amendments. The notice included infbrmation on the basis for the draft amendments and applicable approval criteria. The notice was provided to the Lane County and City of Springfield Directors and to all neighborhood groups officially recognized by the cky council In addition, the notice was provided to the fbllowing organizations invoNed in local land use regulations: 1)PRUDES (Professionals for Responsible UrbanDeveloprnent inEugene- eld; 2) Eugene Area Chamber of Commerce; 3) Home Builders Association of Lane Cotmty; 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 Counb~ code amendment requirements. On October 1~ 2002, Eugene and Lane Cotmty Planning Commissions held a joint public hearing on the draft amendments. The Eugene Planning Commissionheld work sessions on October Z October Exhibit A - 1 C:\Teresa\CA 02-1\Ord4~5 findings.wpd{01 / 17/03 8, OctOber 2 I, October 28, November 18, and December 16, 2002 and forwarded recommendations to the Eugene City CoUncil. By February 14, 2003~ written mailed notice was provided regarding the Euger~e City C~uncil public hearing of February 2432003. The notiCe was mailed to all in~;reste~ parties. The public hearing notice and a copy of the two ordinances was provided on the City website. There~bre~ the process followed is consistent with Goal 1. Goal 2 ~ Land Use Planntn_,g, To establish a land use planning process and policy fi*amework as for such decisions and actions.. The record shows that there is a adequate fhctual base to support this ordinance as Goal 2 requires. Further, the Goal 2 coordination requirement is met. Goal 2 requires that plans be coordinated with the plans of affected governmental units and that opportunities be provided for review and comment by affected governmental units. To comply -with the Goal 2 coordination requirement~ the City coordinated the adopti on of these amendments with Lane County, City of Springfield, Eugene Water and Electric Board, and the local school districts. There are no Goat 2 ExceptiOns required for this ordinance. There~bre~ the amendments are consistent with Goal 2. Goads3 -_4gricultura[ Land& To Preserve Agricultural Lands. The amendments do not affect any land designated for agricultural use. Therefore, Goal 3 does not apply. Gpal 4 :. ~orest Lands_. To conserve forest lands. The amendments do not affect any land designated for forest use. Theretbr< Goal 4 does not apply. Goal 5 - Qp_~n ~ ~nd Historic Areas, and Natural ReS_ources. To conserve open space and Protect 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 adopted in order to protect a significant Goal 5 resource or to address specific requirements ~f Goal 5~ do not altoTM new uses that could be Conflicting uses with a significant Goal 5 resource site and do not amend the acknowledged UGB. Therefore, Goal 5 does not apply. Goa_[._6~- Air, Water qn_dlan~ Re4o...~rce QualiOb To maintain and improve the quality qf the air, water and land resources of the state~ he amendments do not afl'ect the C~ty s ability to provide for clean air, water or land resources. Therefbre Goal 6 does not apply. G~p~I 7 -Are., t to Nadural Disasters and Hazards. To Protect lifb andproperO~fi~om natural disasters and hazards. Exhibff A - 2 C:\Teresa\CA 02-1 \Ord4*5 findings .wpd(01 / 17/03) The amendments do not affect the City's restrictions on development in areas subject to natural disasters an_d hazards. Therefore, Goal 7 does not apply. Goal 8 - Recreational Needs. To satis~[~ the recreational needs of the citizens of' the state and wsztors, and where appropriate, to provide for the siting of necessary recreational f&cilities including destination resorts. The amendments provide a clearer list of all of th park uses that are allowed in the AG~ C-2~ C-3, GO, R-l, R~2, R,3, R-4~ S-DW and S-W zones. These amendments assist the City in providing fbr recreation areas, facilities or recreational opportunities. Therefore, the amendments are consistent with Goal 8. Goal 9_- Economic __Develod~ment.. To provide adequate opportunities throughout the state.for a varie~, of economic activities vital to the health, we[fare and prosperi~' of Oregon's citizens. The amendments do not diminish the supply of commercial or industrial lands. Therefore, the amendments are consistent with Goal 9. Goal ]0 - Housing. To provide fbr the housing needs of citizens of the state. The amendments have no impact on the supply of residential lands. Therefore the axnenmetns are consistent Mth Goal 10. Go. ~[.] ]- Pu_bl_j.¢ Facidities and. Service& To plan and develop a timely, orderly and ~[]~cient arrangement of public ~f~cilities and services to serve as a _~ame~vork for urban and rural development. The amendments do not concern the City's provision of public facilities and services. Therefore, Goal I 1 does not apply. G~aI ! 2- . To provide and encourage a safe, convenient and economic transportation O:stem. The amendments do not significantly affect a transportation facility. Therefore, Goal 12 does not apply. Goa nservation. To conserve energy. The arnendments do not concern energy conservation. Therefore, Goal 13 does not apply. Goal J 4 - Urban}zatio~. To provide for an orderly and efficient transition from rural to urban land use. Exhibit A ~ 3 C:\Teresa\CA 02q\Ord4-5fmdings.wpd(01/17/03) The amendments do not affect the City's rovisions re ardin . p . g g the transition of land ~?om rural to urban uses. Therefore, Goal i4 does not apply. vet Greenwab To protecL 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 amendmems to not contain any changes that affect the regulation of~eas within the Will~e~e ~ver Greenway. Therefore~ Goai ]S d;;s not apply. 16z]~. ~tuarine Resources. CoastaJ Shorelands, Beaches and Dune& and Ocean resources. These SmteMde Plying Goals do not apply to the actions t~en. (2) Is cons~stem with applicable provisions of the Metro Plan and applicable adopted retinement plans. Metro Plan Policies Transportation E[emenL Po Within three years ~fTransP[an adoption, a~)~ the ND, Nodal protec~ desi~ated ~odes~om incompatible dJvdop~ent and adopt a schedule~r completion of ho&l plans and implementing ordinances. The amendments that streml~ne the process for apply4ng the ~D overlay zone provide an incentive for t~s deVelopmem strategy aM help address t~e t~geted time frme Gr desiknafing ~eas wkh~n me EUgene ,~an growth ~o~d~. cilitie es ElemenL Policy G. 2J The cities shall initiate a process with school districtSSithin the urban growth boSndao~ofi COor~nating land use and schoolplanning activities. me cities and school &~ricts shall examine the]bllowin~ in their coordination e. The impact ¢'building and land use codes on the developmem and redevelopmem of s&ool facilities. The two ordin~ces contain ch~ges to p~hng standards for schools and related p~king area l~dscape requkemems. ~e ordinances demonstrate the coordination of local l~d use reg~ations M~ school plam~ng activities. In general, the ch~ges will reduce the amount oiled m~u~red for off*street p~rking a~eas ~d allow greater ~se of sc~°ol sites. The changes also provide ~dkional oPPo~n~tie s for the schools to provide off-street P~king, including incentives Gr sh~ed offZstreet parking. Exhibit A - 4 C :\Teresa\CA 02~ 1 \Ord4-5 fkadings.wpd(01/t 7/03 ) Refinement Plan Policies The a~nendments do not address a specific area of the city or a specific no refinemen~ plan ~s particularly al~Plicable. public facility. Therefore~ Ex.bit A ~ 5 C:\Teresa\CA 02~1 \Ord4~5 fmd~ngs.wpd(01/t 7/03)