HomeMy WebLinkAboutOrdinance No. 20285
ORDINANCE NO. 20285
AN ORDINANCE CONCERNING AMENDMENTS TO
ENTERTAINMENT AND RECREATION USES, PARKING
AREA LANDSCAPING STANDARDS, AND OTHER
PROVISIONS OF CHAPTER 9 OF THE EUGENE CODE,
1971; ADOPTING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. The "Education, Cultural, Religions, Social and Fraternal" category and
"Entertai~ent and Recreation" category of Table 9.2010 in Section 9.2010 of the Eugene Code,
197 l, and the first paragraph of that Section, are amended to provide:
9.2810
~ricultnral Zone Land Use and Permit Requireraents. The following Table
9.2010 Agricultural Zone Uses and Permit Requirements, identifies those uses in the
AG Agricultural Zone that are:
(P) Permitted, subject to zone verification.
(C) Subject to a conditional use permit, or an approved final planned unit
development.
(S) Permitted subject to zone verification and the Special Development Standards
for Certain Uses beginning at EC 9.5000.
(#) The nmnbers in ( ) in the table are uses that have special use limitations that are
described in EC 9~2011 Special Use Limitations for Table 9.2010.
Examples shown in Table 9.2010 are for informational purposes, and are not
exclusive. Table 9.2010 does not indicate uses subject to Standards Review.
Applicability of Standards Review procedures is set out at EC 9.8465.
Golf course, with or without country club
Grange Hall
i P
Library
Equestrian ACademy and Stable
Equestrian Trail
Farm Related Educational Activkies and Events. Examples include harvest festivals or tours of
heritage farms. Excludes rodeos and other events that are not related to on-going farm operations.
Ordinance- 1
Park and N0n-Publicly Owned Open Space Use (See EC 9.2620):
Kiosk~ Gazebo~ Pergola, Arbor
Trail, paved and non paved
Arboretum, outdoors
Natural Area or Environmental Restoration
Wetland Mitigation Area
Section Z A new Section 9.2011 is added to the Eugene Code, 1971, to provide:
9.2(}11 ~eeial Use Limitations for Table 9.2010.
(1) Permitted in the AG zone, subject to the PRO zone standards in EC 9.2640.
Section 3~ The entry for "Park and Playgrounds" of the "Entertainment and Recreation"
category of Ta'ble 9.2160 in Section 9.2160 of the Eugene Code, 1971, is amended to provide:
park and Non-Publicly Owned Open Space Use (See EC
9.2620):
Uses not specifically listed in this Table 9.2160 that are
listed under the "Entertainment and Recreation" category in
Table 9.2630.
S(8)
9;2161
Section 4~ Subsection (8) is added to Section 9.2161 of the Eugene Code, 1971, to provide:
~ecial Use Limitations for Table 9.2160~
(8) Permitted in the Commercial zone, subject to the PRO zone use limitations and
standards in Table 9.2630, EC 9.2631 and EC 9.2640.
Section 5~ The"Park and Playground" entry of the "Entertainment and Recreation" category
of Table 9.2740 of Section 9.2740 of the Eugene Code, 1971, is amended to provide:
Ordinance ~ 2
Table 9.2740 Residential Zone Land Uses and Permit Requirements
Park and Non-Publicly Owned Open Space Use (See EC
9.2620):
Kiosk, Gazebo, Pergola, Arbor
Trail, paved and non paved
Arboretum, outdoors
Athletic Areas, outdoors, unlighted
Nalural Area or Environmental Restoration
Ornamental Fountakn, Art Work
Park Furnishings, Exampl~es include: play
equipment, picnic tables, benches, bicycle racks,
and h~terpretive signage
Restroom
Wetland Mkigation Area
Seetion
provide:
9~2741
A new Subsection (9) is added to Section 9.2741 of the Eugene Code, 1971, to
Special Use Limitations t'or Table 9.2740.
(9) permitted, sub~iect to the PRO zone use limitations and standards in Table
9.2630, EC 9.2631 and EC 9.2640.
Section 7~ The Maximum Building Height provisions in Table 9.2750 set forth in Section
9.2750 of the Eugene Code, 1971, are amended to provide:
9~2750 gesidenfial Zone Developme_nt Standards. In addition to applicable provisions
contained elsewhere in this code, the development standards listed in this section and
in EC 9.2751 to EC 9.2777 shall apply to all development in residential zones. In
cases of conflicts, standards specifically applicable in the residential zone shall apply.
The folloMng Table 9.2750 sets forth the residential zone development standards,
subject to the special development standards in EC 9.2751.
Ordinance - 3
Table 9~2750 Residential Zone Devel°Pment Standards
(See EC 9.2751 Special Development Standards ~br Table 9.2750.)
R4 R4.5 R-2 R~3
____._?urn Net r Acre (1)
Maximum BUilding Height (2), (3),
(4), (5)
Main Building. Includes Secondary
Dwellings Within the Main
Building.
Accessory Building. Includes
Secondary Dwellings Detached
fi:om Main Building (See EC
912741 (2)(b) if located within 20
14 units
30 feet
20 feet
35 feet
20 feet
R4
28 units
35 feet 50 feet
25 feet 30 feet
56 units 112 units
120 feet
30 feet
Section 8. Subsection (5) of Section 9.2761 of the Eugene Code, 1971, is amended to
provide:
%2761 ~ecial standards for Table 9.2760.
(5)
met:
(a)
Exceptions to the maximum lot size shall be granted ~f any of the following is
Existing physical circumstances such as topographically constrained lands,
conservation easements, existing buildings, or utility easements prevent
the ability to further divide the lot~
(b) The lot exceeding the maximum lot size is intended to reserve a large lot
for future land division with feasibility demonstrated by a conceptual
buildout plan.
(c) The subdivision achieves a minimum density of 9 units per net acre.
Section 9. Subsections (1) and (3)(a)(b) of Section 9.2770 of the Eugene Code, 1971, are
amended to provide:
9;2770
SmalliLoJ Standards For R-2~ R-3 and R~4 Zones.
(1) Purpose and AppliCabili~. The small lot provisions are intended to increase
opportunk~es for affordable housing, home ownership, and infill development.
The small lot standards in subsection (3) shall apply when, as part of a
subdivision or partition, a lot is proposed which has less than 4,500 square feet
in lot area. Small lots proposed as part of a cluster subdivision or a PUD are not
subject to these small lot standards.
Ordinance - 4
(3)
Development Standards~
(a) Zero interior yard setback option: Permitted, provided there is common
wall construction with a building on the adjacent lot, or there is at least 10
feet of separation between the building and all buildings on the adjacent
lot.
(b) Height maximum: 30 feet in the R-2 Zone; 40 feet in the R-3 Zone; 30
feet in the R-3 and R-4 zones within 50 feet of abutting, or across an alley
from properties zoned R-
Section 10. The ~'Park and Playground" entry of the "Entertainment and Recreation"
category, and the ~Dwellings" entry of the "Residential" category of T£ble 9.3210 of Section 9.3210
of the Eugene Code, 1971, are arnended to provide:
Table 9.3210 S-DW Downtown Westside Special Area Zone
Uses and Permit Requirements
Park and Non-Publicly Owned Open Space Use (See EC 9.2620):
Kiosk, Gazebo, Pergola, Arbor
Trail, paved and non paved
Arboretum_ outdoors
Athletic Areas, outdoors, unlighted
Natural Area or Environmental Restoration
Ornamental Fountain. Art Work
Park Furnishings, Examples include: play equipment, picnic tables, benches,
bicycle racks, and interpretive signage
Restroom
Wetland Mitigation Area
St4)
ll~ngs (All dwelling types are permitted if approved through the Planned Unit
cess.)
Section 11. A ne'w Subsections (4) ~s added to Section 9.3211 of the Eugene Code, 1971,
provide:
9.3211 ~ecial Use Limitations for Table 9.3210.
(4)
Permitted in the S-DW Downto~wn Westside Special Area Zone, subject to the
PRO zone use limitations and standards in Table 9.2630, EC 9.2631 and EC
9.2640.
Ordinance - 5
Section 12. The Duplex Division Lot and Flag Lot entries of the Area Minimum section of
Table 9.3220 set fbrth in Section 9.3220 of the Eugene Code, 1971, are amended to provide:
9.3220
S~DW Downtown Westside Special Area Zone Lot Standards. The following
Table 9.3220 sets forth lot standards within the S-DW zone. The numbers in ( ) are
references to special limitations that are set forth in EC 9.3221.
Table 9.3220 S-DW Downtown Westside Special Area Zone Lot Standards S
Area Minimum
All Lots except Small Lots, Rowhouse Lots, Residential Flag Lots and Duplex Division
Lots (1)
2)
Rowhouse Lots (3) (Rowhouse lots shall be indicated on the final plat and shall be
developed with a rowhouse.)
Duplex Division Lots (4) (Existing lot shall be au least 8,000 square feet.)
Flag Lot (5)
4,500 square
feet
Per Cluster
Subdivision or
PUD
1,600 square
feet
3,600 square
feet
6,000 square
feet
Section
amended to provide:
9.3221
Subsections (4) and (5) of Section 9.3221 of the Eugene Code, 197I, are
Special Standards for Table 9.3220.
(4) Shall comply with other duplex division provisions. (See EC 9.2777 Duplex
Division Lot Standards.
(5) No variance to residential flag lot standards are allo-wed. Minimum lot area
excludes the pole portion of the lot. Other residential flag lot standards also
apply. (See EC 9.2775 Residential Flag Lot Standards for R-1 .)
Section 14. The "Park and Playground" entry of the "Entertainment and Recreation"
category of Table 9.3910 of Section 9.3910 of the Eugene Code, 1971, is amended to provide:
Ordinance - 6
Table 9.3910 S-W Whiteaker Special Area Zone Uses and Permit Requirements
Space Use (See EC 9.2620):
Kiosk, Gazebo, Pergola, Arbor
Trail, paved and non paved
Arboretum, outdoors
Athletic Areas. outdoors~ unlighted
Park Furnishings, include: play equipment, picnic tables, benches, bicycle
racks, and interpretive signage
Natural Area or Environmental Restoration
Ornamental Fountain, Art Work
Restroom
S -W
s(4)
Section 15. A new Subsection (4) is added to Section 9.3911 of the Eugene Code, 1971, to
provide:
9,3911 Special Use Limitations for Table 9.3910.
(4) Permitted, subject to the PRO zone use limitations and standards in Table
9.2630, EC 9.2631 and EC 9.2640.
Section 16, Section 9,4260 of the Eugene Code, 1971, is amended to provide:
%426~
Procedure for Applying the_/ND Nodal Development Overlay Zone. Rezoning to
apply the/ND overlay zone concurrent with a Metro Plan diagram amendment to
apply the/ND Nodal Development designation shall be processed as a Type V
application as provided in EC 9.7500 through EC 9,7560 Type V Application
Procedures. Except as provided in EC 9,7810, rezoning to apply the/ND overlay
zone to property shown as ND Nodal Development on the Metro Plan diagram shall
be processed as a Type IH application as provided in EC 9,7300 through EC 9.7340
Ty~e III Application Procedures. Proceedings to apply the/ND overlay zone may' be
initiated only 'by the city council.
Section 17. Subsection (1) of Section 9.6210 of the Eugene Code, 1971, is amended to
provide:
%6210
DescriLption oJ Landsca[~e Standards.
(1) Basic Landscape Standard (L-l).
(a) Required Plant Materials. Basic Landscape Standard (L-I) requires the
installation and maintenance of all of the following:
1. 1 tree per 30 linear feet as measured along the front lot line,
2. 6 shrubs per 30 linear feet as measured along the front lot line,
Ordinance - 7
3_ Living plant materials covering a minimum of 70 percent of the
required landscape area within 5 years of planting.
The required plant materials may be installed in the required area in any
arrangement and do not need to be linear in design.
(b) ~>~eptions to Required Plant Materials. An exception to the requirement
in subsection (a)1. above shall be granted if any of the following
conditions exist:
Excluding any required parking area landscaping, the landscape area
required to comply with the L~I Basic Landscape Standard is located
entirely within 15 feet of a building.
2. The landscape area required to comply with the L~l Basic Landscape
Standard is located on the roof of a building or exposed terrace.
3. The landscape area required to comply with the L-1 Basic Landscape
Standard is on a development site that has achieved a Floor Area
Ratio (FAR) of at least 1
(c) Criteria ~br Adjustment. This standard may be adjusted if consistent with
the criteria of EC 9.8030(3)(b).
Section 18, Subsection (3)(a) of Section 9.6420 of the Eugene Code~ 1971, is amended to
provide:
%6420 Parking Area Standards.
(3)
Landscape Standards.
(a) A_A_12plicabilit_5~ of Parking Area Landscape Standards.
1. General Provisions. Subject to any exceptions therein, the standards
in subparagraphs (b) - (e) apply to all parking areas, including
carports, that provide for 3 or more spaces except for the following:
a. A parking area for a one-family dwelling, secondary dwelling,
duplex, or rowhouse.
b. A structured parking area. See subsection (3)(f).
c. A legal non-confbrming parking area. See subsection (3)(a)2.
2. Provisions Applicable to Legal Non-Con~%rm~g. Parking Areas.
Parking areas with legal non-conforming landscaping are subject to
the following parking area landscape standards:
a. When a new building is constructed, the parking area landscape
standards in subparagraphs (b) - (e) shall apply to a portion of
the parking area sufficient to meet the requirements of EC
9.6410(3) Minimum Number of Required Off-Street Parking
Spaces and to any additional parking area proposed by the
applicant to serve the entire building.
b. When a building is expanded, the parking area landscape
standards in subparagraphs (b) - (e) shall apply to a portion of
the parking area that is sufficient to meet the requirements of
Ordinance - 8
EC EC 9.6410(3) Minimtm~ Ntm~ber of Required Off~Street
Parking Spaces for the expanded area of the building and to
any additional parking area proposed by the applicant to serve
the expanded area of the building.
\Vhen a legal non-conforming parking area is physically
expanded in size (not simply changed to increase, decrease, or
reconfigure the number of parking spaces) the parking area
landscape standards in subparagraphs (b) - (e) shall apply only
to the expanded portion of the parking area.
When a legal non-conforming gravel parking area is paved, the
parking area landscape standards in subparagraphs (b) - (e)
shall apply only to the paved portion of the parking area.
Section 19, Section 9.7305 of the Eugene Code, 1971, is amended to provide:
%7305
plication Requirements and Criteria Reference. The following
applications are reviewed under the Type I1[[ review process according to the
requirements and criteria set forth for each application as reflected in the beginning
reference column in Table 9.7305:
Table %7305 Type III Application Requirements and Criteria
Type III Applications
A4iustment Review (when part of a Type III Application)
Permits (CUP)
icl~&~qark Desig~i
Planned Unit Development. Tentative Plan
Willamette Greenway Permit
Zone C es'-'-'-'-"*
EC 9.8015
EC 9~8075
EC 9.8150
EC 9.8300
EC 9.8800
EC 9,8850
%7405
Zone changes processed concurrently with a Metro Plan amendment, the
adoption or amendment of a refinement plan, or a land use code amendment
shall follow the applicable procedure for each type of amendment. A zone
change to apply the/ND overlay zone shall be processed according to EC
9.4260.
~ection 2{~. Section 9.7405 of the Eugene Code, 1971, is amended to provide:
Applicat. _ion Requirements and Criteria Reference. The following
applications are reviewed 'under the Type IV review process according to the
requirements and criteria set lbrth for each application as reflected in the beginning
reference column in Table 9.7405.
Ordinance - 9
~:ii-Ca .................... Beginning Reference
- EC 9.8475
~blic Right-of-way, vacation of public right-of-way EC 9.8700
acquired with public funds, and vacation of undeveloped subdMsion and partition
plats, includ[n~ public right-of'way and ~mproved public easemems located
therein
-~ncurrent with a site specific Refinement Plan EC 9.8850
amendment*
zone change to apply the/ND overlay zone shall be processed according ro EC 9.4260.
Section 21. Section 9.7500 of the Eugene Code~ 1971, is amended to provide:
9.7500
General O pe V Application Procedures. Type V applications
provide fbr a legislative review by the planning commission and city council of
changes to thN land use code, amendments to refinement plans that include policies or
map changes that are broad in scope (not limited to a specific site), and adoption of an
entire update to a refinement plan. The Type V process includes public notice mad a
public hearing before the planning commission, which forwards a recommendation to
the city council The city council holds a public hearing before making a final
dec ision. The city council's decision is based on compliance with the applicable
criteria of this land use code. (Type V applications do not include citizendrlifiated
amendments to the Metro Plan; refer to EC 9.7700 Description of Metro Plan
Amendments.)
Section 22. Table 9.7505 in Section 9.7505 of the Eugene Code, 1971, ~s amended to
provide:
9.7505
T_~pe V Applkation Re.qg~r~.ments and Criteria Reference. The following
applications are reviewed under the Type V review process according to the
requirements and criteria set forth for each application as reflected in the beginning
reference column in Table 9.7505:
Table 9.7505 Type V Application Requirements and Criteria
Type V Applications
Plan A to policies and/or maps that are not limited to a
specific site
ion ~Update
Zone Change concurrent with a Code Amendment
Beginning Reference
EC 9.8060
EC 9.8421
EC 9.8421
EC 9.8850
EC 9.3000
Ordinance - 10
to app men-7-Areas
ith a I~letro Plan diagram amendment to apply the ND Nodal
tion
EC 9.4260
Section 23. Section 9.7810 of the Eugene Code, 1971, is amended to provide:
9.7810
Chang~es in Zone. Properties annexed to the city shall be automatically changed
from county zoning to the equivalent city zone, as shown in Table 9.7810 Equivalent
Zones and Overlay Zones, unless one or more of the following apply.
(1) The property is in a Lane County zone other than those in Table 9.7810
Equivalent Zones and Overlay Zones.
(2) The applicant requests a zone other than the equivalent city zone in Table
9.7810 Equivalent Zones and Overlay Zones.
(3) The equivalent city zone in Table 9.7810 Equivalent Zones and Overlay Zones
is not consistent with the Me~tro Plan or applicable refinement plans.
Properties armexed to the cid~ according to the procedures in EC 9.7805(1) shall be
amomatically rezoned as of the effective date of the annexation from Lane County UL
urbanizable land zones and zoning overlays to equivalent Eugene zones and overlay'
zones as shov~m in Table 9.7810 Equivalent Zones and Overlay Zones. For purposes
of this section, property that is also within an area identified as a Nodal Development
Area on the Metro Plan Diagran~ shall be automatically included in the Eugene/ND
Nodal Development Overlay Zone. The official Eugene zoning map shall be
amended to reflect the change of zone.
Section 24_. Subsection (14) of Section 9.8030 of the Eugene Code, 1971, is amended to
provide:
9.8030
Adjustment Review -.~al Criteria. The planning director shall approve,
conditionally approve, or deny an adjustment review application. Approval or
conditional approval shall be based on compliance with the fbllowing applicable
criteria.
(14)
Overlay Zone Development Standards Adjustment~ Where this land use
code provides that the applicable overlay zone standards may be adjusted, the
standards may be adjusted upon finding that the adjustment of the standards will
resuk in a development that is consistent with the purpose of the overlay.
Section _25 Subsection (4) of Section 9.8055 of the Eugene Code, t97t, is amended,
Subsection (7) is deleted therefkom, and the current Subsection (8) is renumbered (7) to provide:
9.8055
Cluster Subd_ _ Msbn- Approval Criteria ~ Gene. ral, The planning director shall
approve, approve with conditions, or deny a proposed cluster subdivision~ Approval
Ordinance - 11
or approval -with conditions shall be based on the following:
(4)
The cluster subdivision will provide an appropriate transkion to surrounding
properties including, but not limited to, anticipated building locations, bulk, and
height.
(7)
For areas included on the city's acknowledged Goal 5 inventory, natural
resource protection shall be consistent with the acknowledged level of
protection provided for the resource.
Section 26~ Subsection (6) of Section 9.8215 of the Eugene Code, 1971, is amended to
provide:
9.8215
partition, Tent~ative Plan A~proval Criteria- General, The planning director shall
approve, approve with conditions, or deny a partition, with findings and conclusions.
Approval, or approval with conditions, shall be based on compliance with the
ibllowing criteria:
(6)
On R-I zoned property, if the partition results in a parcel greater than 13,500
square feet in size based on EC 9.2761(5)(b), the application shall indicate the
location of parcel lines and other details of layout that show future division of
the parcel may be made without violating the requirements of this land use code
and without interfering with the orderly extension of adjacent streets, bicycle
paths, and accessways. If the planrfing director deems it necessary for the
propose of future land division, any restriction of buildings within future street,
bicycle path, and accessway locations shall be made a matter of record in the
tentative plan approval.
Section 27. Subsections (2) and (6) of Section 9.8220 of the Eugene Code, 1971, are
amended to provide:
%8220
Plan Approval Criteria- Needed Housing. The planning
director shall approve, conditionally approve, or deny the partition application.
Unless the applicant elects to use the general criteria contained in EC 9.8215
Tentative P iteria_- General, where the applicant proposes
needed housing, as defined by the State statutes, the planning director shall approve or
approve wkh conditions a partition based on compliance with the following criteria:
(2)
The proposed land uses and densities are consistent with the land use
designation(s) shown on the Metro Plan Land Use Diagram, as refined in any'
applicable refinement plan.
Ordinance- 12
On R-1 zoned property, if the partition results in a parcel greater than 13,500
square feet in size based on EC 9.2761(5)(b), the application shall indicate the
location of parcel lines and other details of layout that show furore division of
the parcel may be made without violating the requirements of this land use code
and without interfering with the orderly extension of adjacent streets, bicycle
paths, and accessways.
Sec_tion 28. The paragraph between Subsections (6) and (7) of Section 9.8440 of the Eugene
Code, 1971, is deleted, to provide:
9.8440
Site Review Approval Crite. ria - General. The planning director shall approve,
conditionally approve, or deny the site review application. Approval or conditional
approval shall be based on compliance with the following criteria:
(6} The proposal complies with applicable adopted plan policies beginning at EC
9.9500.
(7) An}, additional specific factors applied at the time the/SR designation was
applied.
Section 29. Subsection (8) of Section 9.8515 of the Eugene Code, 197t, is amended, and
a new Subsection (12) is added thereto, to provide:
9.8515 Subdivision, Tentative Plan Ap_proval Criteria - General. The planning director
shall approve, approve with conditions, or deny a proposed subdivision. Approval, or
approval with conditions shall be based on compliance with the following criteria:
On R-1 zoned property, if the subdivision results in a lot greater than 13,500
square fbet in size based on EC 9.2761(5)(b), the application shall indicate the
location of lot lines and other details of layout that show future division of the
lot may be made without violating the requirements of this land use code and
without interfering with the orderly extension of adjacent streets, bicycle paths,
and accessways. If the planning director deems it necessary for the purpose of
furore land division, any restriction of buildings within future street, bicycle
path, and accessway locations shall be made a matter of record in the tentative
plan approval.
(12)
For applications intended to implement an approved tentative or final planned
unit development for the site:
(a) The proposed subdivision is consistent with the approved planned unit
development plan;
(b) If t5211 compliance with a tentative subdivision criterion in this section
would cause an inconsistency between the tentative subdivision plan and
Ordinance - 13
an approved tentative or final planned unit development for the site, the
city shall require compliance with that subdivision criterion only to the
extent that it can do so without creating the inconsistency.
Section 30. SUbsection (8) of Section 9.8520 of the Eugene Code, 1971. is amended, to
provide:
9.8520
SUbdivisiom Tentative Plan AEproval Criteria- Need~ Housing. The planning
director shall approve, conditionally approve, or deny the subdivision application.
Unless the applicant elects to use the general criteria contained in EC 9.8515
Subdiv ve Plan Approval Criteria- General, where the applicant proposes
needed housing, as defined by the State statutes, the planning director shall approve or
approve with conditions a subdivision based on compliance with the following
criteria:
(8)
On R~ 1 zoned property, if the subdivision results in a lot greater than 13,500
square feet in size based on EC 9.2761(5)(b), the application shall indicate the
location of lot lines and other details of layout that show- future division of the
lot may be made without violating the requirements of this land use code and
without interfering with the orderly extension of adjacem streets, bicycle paths.
and accessways.
Section 31. Section 9.9650 of the Eugene Code, t971, is amended to provide:
9.9650
TransPlan Policies.
(1) Land Use.
(a) Apply the nodal development strategy in areas selected by each
jurisdiction that have identified potential for this type of transportation-
efficient land use pattern.
(b) Provide for transit-supportive land use patterns and development,
including higher intensity, transit-oriented development along major
transit corridors and near transit stations; medium- and high-density
residential development within 1/4 mile of transit stations, major transit
corridors, employment centers, and downtowm areas; and development and
redevelopment in designated areas that are or could be well served by
existing or planned transit.
(c) Require improvements that encourage transit, bicycles, and pedestrians in
new commercial, public, mixed-use, and multi-unit residential
development.
(2) Transportation Demand Management.
(a) Increase the use of motor vehicle parking management strategies in
selected areas throughout the Eugene-Springfield metropolitan area.
(b) Implement TDM strategies to manage demand at congested locations.
Ordinance- 14
(3) Transportation System Improvements: Roadways. Motor vehicle level of
service policy:
(a) Use motor vehicle level of service standards to maintain acceptable and
reliable performance on the roadway system. These standards shall be
used for:
1~ Identifying capacky deficiencies on the roadway system.
2. Evaluating the impacts on roadways of amendments to transportation
plans~ acknowledged comprehensive plans and land-use regulations,
pursuant to the TPR (OAR 660-1
3. Evaluating development applications for consistency with the land-
use regulations of the applicable local goverrm~ent jurisdiction.
(b) Acceptable and reliable performance is defined by the following levels of
service under peak hour traffic conditions: Level of Service E within
Eugene's Central Area Transportation Study (CATS) area, and Level of
Service D elsewhere.
(c) Performance standards from the OHP shall be applied on state facilkies in
the Eugene~Springfield metropolkan area.
In some cases, the level of service on a facility may be sUbstandar& The local
government jurisdiction may find that transportation system improvements to
bring performance up to standard within the planning horizon may not be
feasible~ and safety will not be compromised, and broader community goals
would be better served by allowing a substandard level of service. The
limitation on the feasibility of a transportation system improvement may arise
fkom severe constraints including but not limit to environmental conditions, lack
of public agency financial resources, or land use constraint factors. It is not the
intent of Policy F-15: Motor Vehicle Level of Service m require deferral of
development in such cases. The inten~ is to defer motor vehicle capacity
increasing transportation system improvements until existing constraints can be
overcome or develop an alternative mix of strategies (such as: land use
measures, TDM, short-term safety improvements) to address the problem.
(4) Transportation System Improvements: Transit. Improve transk service and
facilities to increase the system's accessibility, attractiveness, and convenience
for all users, including the transportation disadvantaged population.
(5) Transportation System Improvements: Bicycle.
(a) Construct and improve the region's bikeway system and provide bicycle
system support facilities for both new development and redevelopment/
expansion.
(b) Require bikeways along new and reconstructed arterial and major collector
streets.
(c) Require bikeways to connect new development with nearby neighborhood
activity centers and major destinations.
(6) Transportation System Improvements: Pedestrian.
(a) Provide fbr a pedestrian environment that is well integrated with ad:iacent
land uses and is designed to enhance the safety, comfort, and convenience
of walking.
Ordinance - 15
(b) Provide for a continuous pedestrian network with reasonably direct travel
routes between destination points~
(c) Construct sidewalks along urban area arterial and collector roadways,
except freeways.
Seetior~ 32~ The Legislative Findings set forth in the attached Exhibit A serve as support for
tbfs Ordinance. but are not adopted.
Section 33~ The City Recorder, ar the request of, or with the concurrence of the Civj
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 34. If any section, subsection~ sentence, clause, phrase or portion of this Ordinance
is fbr 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 35. Notwithstanding the effective date of ordinances as provided in the Eugene
Charter of 2002~ 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 19T625, whichever is later~
Passed by the City Council this
10~ day of March, 2003
corder--
Approved by the Mayor this
10th day of March~ 2003
Ordinance - 16
Exhibit A
Findings o£Consistency of 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 w/de variety of
regulations. Findings of consistency for ordinances 4 and 5 are provided below. The ordinance
concemingamendmems to parking requirements primarily addresses parking standards for schools
and shared off-street parldng. The ordinance concerning amendments to entertainment and
recreation uses, parking area landscaping and other pro-visions primarily addresses errors, clarifies
existing code provisions, and streamlines procedures.
The Eugene City Council wilt 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 1 - Citizen ]nvolvement. To develop a citizen involvementprogram that insures the opportuniO,
for citizens to be involved i-----n all phases of the planning process.
The City has actcnowledged 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 fbr
adopting these amendments complied w~th Goal 1 since it complied with, and s~mpassed the
requ/rements of, the citizen involvement provisions.
Specifically, on August 30~ 2002, the City provided wfiuen mailed notice of the October t, 2002,
j oint Eugene and Lane County Planning Commission public hearing on the Fall 2002 Draft Land Use
Code Amendments. The notice included information on the basis 1~br the draft amendments and
applicable approval criteria. The notice was provided to the Lane County and City of Springfield
Pt~nning DireCtOrs and to all neighborhood ~roups officially recognized by the city cc~unciL In
addition, the notice was provided to the ~bllowing organizations revolved in local land use
regulations: 1) (Professionals for Responsible UrbanDevelopment in Eugene*Springfield;
2) Eugene Area Charnber 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
amenc~ments 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 w4th Lane County code amendment requirements.
On October 1,2002~ Eugene and Lane County Planning Commissions held a joint public hearing on
thedraft amendments. The Eugene Planning Commissionheld work sessions on October 7, October
October 21~ October 28, November 18, and December 16, 2002 and tbrwarded recommendations
Exhfbit A - I
to the Eugene City Council. By February 4, 2003, written mailed notice was provided regarding the
Eugene City Council public hearing of February 10, 2003, The notice was mailed to all imerested
parties. The public hearing notice and a copy of the two ordinances was provided on the City
website. Therefore, the process followed is consistent with Goal 1.
To establish a land use.planning process and policv ~amework as
a basis~fbr all decisions and actions related to use of land and to assure an adequatef~ctual basis
for such decisions and actions.
The record show's that there is a adequate factual 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 ~ffected governmental units. To comply with the Goal 2 coordination requirement, the City
c~ordinated ~he adopti°n of these amendments with Lane County, City of Spring~eld, Eugene Water
and Electric BOard, and the local school districts. There are no Goat 2 Exceptions required for this
ordinance. Therefore~ the amendments are consistent with Goal 2.
Goal 3 - Agricultural Lands. 7b Preserve Agricultural Lands.
The amendments do not affect any land designated for agricultural use. Therefore, Goal 3 does not
apply.
Goal 4 - Forest' Lands. To conserve forest lands.
The amendments do not affect any land designated fbr forest use. Therefbre. Goal 4 does not apply.
Go~t 5 - Qpen Spaces, Scenic asd Historic Areas and Natural Resources. 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 adoptedin order to protect a significant Goal 5 resource or m address specific requirements
of Goal 5, do not allow 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.
Goal 6 - Air Water and land Resource__OualitZ. To maintain and improve the quality of the air,
water and land resources of the state,
The amendments do not affect the City's ability to provide for clean air, water or land resources.
Therefore Goal 6 does not apply.
~Goal 7 - Areas ~'ect to N%ituraI Disasters and Hazards. To Protect life andpropertyfrom natural
disasters and hazards.
Exhibit A - 2
The amendments do nor 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 satisJ) the recreational ~eeds of the citizens of' the state and
visitors, and where apprOPriate, to provide for the siting of necessary recreational facilities
including destination resorts.
The amendments provide a clearer list of all of the park uses that are allowed in the AG,
~ 4
GO, R-l, R-2, R-J, R- , S-DW and S-W zones. These amendments assist the City in providing for
recreation areas, facilities or recreational opportunities. Therefore, the arnendments are consistent
with Goal 8.
Goal 9 - Economic DeveIopmem'. To provide adequate opportunities throughout the state for
variety of economic activities vital to the health, welfare, and prosperity of Oregon '$ citizens.
The amendments do not diminish the supply of co~ercial or ~ndustrial hands. Therefore, the
amendments are consistent With Goal 9.
Goa[ ]O -. Housing. To provide for the housing needs of citizens of the state.
The amendments have no impact on the supply of residential lands. Therefore the amenmems are
consiStent with Goal I 0.
Goat l l- ?t~bli¢ Facilitie~ and _Services. To plan and develop a timely, orderly, and efficient
arrangement of public facilities and services to serve as a fbamework for urban and rural
development.
The amendments do nor concern the C~ty s prows~o of public facilities and services. Therefore,
Goal 11 does not apply.
_Goal ]2-~r_ansportation. To provide and encourage a safe, convenient and economic transportation
system.
The amendmems do not significantly affect a transportation facility. Therefore, Goal 12 does not
apply.
] ~ - Ener~' Conserya wn. To conserve energy.
The amendments do not concern energy conservation. Therefore, Goal 13 does not apply.
Goa_l 14 - Urb_anizatio~, To provide for an orderly' and eJficient transition from rural to urban land
Exhibit A - 3
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 15 - Wi.[l?net.?e River GreenWa_E. To protect, conserve, enhance and maintain the natural,
scenic, historical, agricultural, economic and recreational qualities of lands along the ~Yamette
River as the Willam-ette River Greenwav.
The amendments to not contain any changes that afl~ect the regulation of areas within the Willamette
River Greenway. Therefore, Goal 15 does not apply.
~oals 16- ] 9~ Estuarine Resources, Coastal Shorelands, Beaches and Dunes, and Ocean resources.
'Fhese Statewide planning Goals do not apply to the actions taken.
(2)
Is consistent with applicable provisions of the Metro Plan and applicable adopted
refinement plans.
Metro Plan Policies
Trans?e. rtation Ejement, Policy F~5, Within three years of TransPlan adoption, apply the ND, Nodal
DevelOPment, designation to areas selected by each jurisdiction, adopt and apply measures to
protect designated nodes fi~om incompatible development and adopt a schedule for completion of
nodal plans and implementing ordinances.
The amendments ~hat streamline the process for applying the/ND overlay zone provide an incentive
for this development strategy and help address the targeted time frame for designating areas within
the Eugene urban growth boundary.
Public Facilities and Services Element, Policy G, 21_ The cities shay initiate a process with school
distri s within the urban growth boundaryfo/ coordinating land use and schoolplanning activities.
The cities and school districts shall examine the following in their coordination efforts:...
e. The tmpac~ of building and land use codes on the development and redevelopment
qf school facilities.
The two ordinances contain changes to parking standards fbr schools and related parking area
landscape reqmrements. The ordinances demonstrate the coordination oflocat land use regulations
with school planning activities. In generaL, the changes will reduce the amount of land required fbr
off-street parking areas and allow greater use of school sites. The changes also provide additional
opportunities for the schools to provide off-street parking, including incentives for shared off-street
parking.
Refinement Plan Policies
Exhibit A - 4
The amendments do not address a specific area of the city or a specific public facility. Therefore~
no refinement plan is particularly applicable.
Exhibk A - 5