HomeMy WebLinkAboutCC Minutes - 10/11/00 Work Session MINUTES
Eugene City Council
Work Session
McNutt Room, City Hall--Eugene, Oregon
October 11, 2000
5:30 p.m.
COUNCILORS PRESENT: Betty Taylor, Nancy Nathanson, Scott Meisner, Pat Fart, David
Kelly, Gary Rayor, Gary Pap~, Bonny Bettman.
CITY COUNCIL WORK SESSION
A. Items from Mayor, Council, and City Manager
Ms. Bettman passed.
Ms. Taylor commended the report of the Parks Blocks Placemaking Committee and
recommended that the council hold a work session to discuss the report. The report had good
suggestions and she did not want to let it die from lack of action. Ms. Taylor wanted the council
to do something about the Farmers Market soon, which might possibly leave downtown.
Ms. Taylor expressed concern about downtown zoning because of reports about the possible
construction of a tall building on Willamette Street. She called for an examination of zoning in
downtown soon so that the council could decide what type of construction it wanted in particular
locations, rather than just allowing development to happen. Ms. Taylor thought the council
should adopt pads of the Land Use Code Update that seemed urgent and delay action on other
pads, saying there was nothing magic about the current deadline for adoption. She thought
action on downtown zoning issues was urgent as she did not believe that residents wanted
downtown to all be office space.
Mr. Kelly requested a progress report on the right-of-way enforcement pilot. He said that it would
be useful for the council to have a staff contact name for the pilot.
Regarding the report of the Parks Block Placemaking Committee, Mr. Kelly said that staff was
developing an action plan for each of the recommendations in the report and he would notify the
council when that work was completed.
Responding to Ms. Taylor's remarks about the construction of large buildings, Mr. Kelly said in
this case the proposed structure was to be a four- to five-story building, which he did not
consider large. Although he did not want to see the entire downtown developed as offices, he
preferred to have significant office space downtown rather than scattered throughout the
community.
Mr. Pap~ said that during the summer he and Ms. Taylor had attended sister city dinners for
delegations from Kakegawa, Japan, and Chinju, South Korea, and he had learned that
Kakegawa was building a new library that would be dedicated in June 2001 and had invited
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interested Eugene councilors to help inaugurate its opening in June 2001. He circulated a
brochure regarding Kakegawa's new library. Mr. Pap8 said that the dinners were a pleasant
experience.
Mr. Pap8 suggested a council work session on the Sister City Program be scheduled in the future
as he was not comfortable with the current direction of the program and had questions about the
budget, number of sister cities, and the City's relationship with the Sister City Foundation. He
indicated he would submit his request for a work session in writing.
Ms. Nathanson arrived at the meeting.
Mr. Pap8 said he had a constituent request that the council consider a cat ordinance similar to
the City's dog ordinances. He indicated he would submit a request for a work session on such
an ordinance in writing.
Responding to Ms. Taylor's comments regarding downtown development, Mr. Meisner did not
think zoning was the problem with downtown. He was more concerned about the description of
the proposed building on Willamette Street, a windowless four-stow structure, which emphasized
to him the importance of design standards.
Mr. Meisner said that he had visited with some constituents who had complained about homeless
camping and had heard much praise of Sue Collins of the City Manager's Office. Those
complaining stated they felt listened to.
Ms. Nathanson expressed appreciation she had been able to participate in a Habitat for Humanity
Project supported in part by Weyerhaeuser on Four Grange Road in her ward. She said that the
volunteer participation was wonderful to see.
Mr. Johnson reported that seven bids had been submitted for construction of the library. As soon
as more was known about the bids, staff would pass the information on to the council.
Mr. Johnson said that he had discussed different approaches to the issue of homeless camping
with Planning and Development Department Director Paul Farmer and Police Chief Jim Hill
earlier that day. He believed that the City's response to problems associated with homeless
camping would be improved with the formation of an interdepartmental staff and nonprofit team
that met once weekly.
Mr. Farr requested an update on the arts selection process for the new library, noting his interest
in ensuring the library contained art from local artists.
Mr. Farr endorsed Mr. Meisner's commendation of Sue Collins, saying that he had also heard
praise of Ms. Collins from a constituent.
Referring to the council's joint meeting with the Human Rights Commission, Mr. Farr said that
members of the commission were tireless in the work they do and spent considerable time
outside the commission setting on human rights issues. He determined from Mr. Johnson that
the Human Rights Support System was not codified. Mr. Johnson added he did not think it
needed to be codified. Mr. Farr indicated a citizen seemed to think it was a problem it was not
and said he would follow-up with the manager.
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Mr. Rayor thanked City staff, particularly Public Works staff, for its assistance with an unhappy
constituent living on an unimproved road in his ward. He believed that such an immediate
response saved local government time and money in the long-term.
B.Work Session: April 2000 Draft Land Use Code
The council was joined by Planning Director Jan Childs, Senior Planner Teresa Bishow, and City
Attorney Emily Jerome for the item. Ms. Bishow briefly reviewed the packet contents, calling the
council's attention to consent item motions, policy motions, and a suggested alternative method
of addressing the solar access standards, developed in response to the council's discussion at a
previous work session.
Ms. Taylor moved, seconded by Ms. Nathanson, to accept the items on the
consent list, with the exception of item l(b).
a. Amend section 9.6410(1) to allow required off-street parking to be
provided on the development site or within 1,500 feet from the
development site.
c. Amend the/-I-D and ~ND overlay zones to provide additional ways to
encourage pedestrian enhanced spaces.
d. Amend section 9.6745 regarding driveways to minimize the permitted
area for driveways within required front yard setbacks.
e. Amend section 9.5500(12) of the multiple-family standards, to require
setback sidewalks along any public and private street adjacent to or
within the development site.
f. Amend section 9.6745(7) to clarify that off-street parking is prohibited
in afl zones within the required front yard setback with the few
exceptions listed, such as parking in driveways associated with one-
family and two-family dwellings.
g. Amend section 9.6745(7) to prohibit parking in any required interior
yard setback in C-2.
h. Delete section 9.9100(9)(a) Adjustment Review - Multiple-Family
Standards to eliminate the aflowance of curbside sidewalks in multiple
family developments even along portions of private streets that provide
parallel on-street parking.
The motion passed unanimously, 8:0.
Addressing item (b), removed from the Consent Calendar items, Mr. Kelly said that he pulled the
item because, as drafted, it called for a conditional use permit process for Bed and Breakfasts in
R-1 and R-2 zones. Since the draft code limited such uses to two guest rooms in R-1 and four
guest rooms in R-2, he thought that the impact was too small to justify the conditional use permit
process.
Mr. Kelly moved, seconded by Ms. Taylor, to amend Table 9.6410 to eliminate
the minimum off-street parking requirement for bed and breakfasts and home
occupations.
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Ms. Nathanson said that she understood the intent of the motion but she was concerned that bed
and breakfast operations would be able to be sited without input by adjacent residents.
Mr. Fart thought that eliminating the minimum parking requirement increased flexibility for bed
and breakfast operators. If such individuals found it in their best interest to provide additional off-
street parking, they could do so.
Ms. Bettman said that the original motion would not prevent a bed and breakfast operator from
providing more parking, but it would ensure, through the conditional use permit process, that the
front yard of a bed and breakfast operation was sited to avoid paving of the front yard to
accommodate parking.
Mr. Meisner determined from Ms. Bishow that the motion would apply to any bed and breakfast of
any size in the cited zones. He was not concerned about the motion as it concerned home
occupations, but pointed out large bed and breakfast operations needed considerably more
parking than small bed and breakfast operations. Bed and breakfast operations attracted visitors
to a neighborhood, Mr. Meisner said, and that created an impact on neighborhoods. He
preferred the conditional use permit approach for bed and breakfasts in R-1 and R-2 zones in the
original motion.
Responding to a question from Mr. Fart, Ms. Bettman said that her original motion was not
specific to the R-1 and R-2 zones; it had applied to all bed and breakfasts in all zones. Mr. Fart
suggested that the motion be amended to refer to the R-1 and R-2 zones.
Mr. Rayor said that he was not concerned about the motion as it related to bed and breakfasts in
the R-1 and R-2 zones for the reasons cited by Mr. Kelly. However, he did not support the motion
as it applied to large bed and breakfasts in R-3, R-4, and commercial zones because the motion
would essentially allow for the provision of no parking at all.
Mayor Torrey said that in the case of a tie he would vote against the motion, not because he
opposed the concept but because he did not like crafting the update "on the fly."
Ms. Childs suggested that the council consider revising Table 9.6410 to ensure that one parking
space per guest room was required in bed and breakfasts with five or more bedrooms.
Mr. Kelly moved, seconded by Ms. Taylor, to amend the motion to revise
Table 9.6410 to provide a minimum of one parking space per guest room for
bed and breakfasts with five or more guest rooms and to eliminate the
minimum parking requirement for home occupations.
Ms. Nathanson asked what the motion was attempting to achieve: was it a space for every room,
or to decrease the impact on neighborhood streets? Ms. Bettman said that her intent was to
protect the less intense residential development of R-1 and R-2 zones from the creation of
parking lots, a more intense use.
Ms. Taylor believed that a conditional use permit was needed to protect neighborhood livability.
She said that in some places in Eugene there was no on-street parking, and even a two-bedroom
bed and breakfast would be a nuisance to the neighbors if it was full all the time.
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Mr. Meisner said that both the reasons suggested by Ms. Nathanson were relevant to the issue.
He said that even a four-guest bed and breakfast in an R-2 zone had some impact. He agreed
with Mr. Farr that a bed and breakfast operator intending to operate on a sustained basis would
make every effort to make parking available and convenient for guests. He thought that four
vehicles for a smaller bed and breakfast operation was probably not an unreasonable impact on
the neighborhood. Mr. Meisner said that streets were not for vehicle storage, and he did not
want large bed and breakfasts in the R-3 and R-4 zones to rely on the City streets for parking.
He concurred with Ms. Bettman's concern that front yards would be converted to parking.
Ms. Childs said that ten years ago the City had done a study of bed and breakfasts in the
community and made several changes in the code because of concerns about large-scale bed
and breakfasts in the R-1 and R-2 zones, resulting in the reduction of the number of allowed
guest rooms. She said that those changes generally addressed the issue of neighborhood
impact, and she believed the parking requirement was a holdover from older requirements and
was not necessary as a minimum requirement given the scale of the use.
The motion passed unanimously, 8:0.
Ms. Taylor moved, seconded by Mr. Meisner, to amend Table 9.2740
Residential Zone Land Use and Permit Requirements to require a conditional
use permit for bed and breakfast facilities in R-1 and R-2. The motion
passed, 5:3; Mr. Farr, Mr. PapS, and Mr. Kelly voting no.
Responding to a question from Mr. Pap8 regarding item (f) on the Consent Calendar, Ms. Bishow
said it clarified that off-street parking was prohibited in required front-yard setbacks. The City
would allow parking in the setback in a driveway leading to a garage. She said that houses with
already established parking in the front-yard setback were not complying with the current code.
Mr. Pap8 asked what would occur if the parking was legally created before, for example, a
property annexed. Ms. Bishow said that if the parking complied with land use laws in effect at
the time of construction, the use was a legal nonconforming use and would be grandfathered in.
Mr. Farr asked how the City would enforce the code regulations the council was now considering
given the current lack of money for enforcement. Ms. Bishow said that after the council
completed its revisions, staff would return with a cost impact analysis and assist the council in a
review of tradeoffs and choices as they related to staffing requirements.
Mr. Rayor did not perceive clear standards and objectives that could be reviewed at the Permit
and Information Center as adding significant costs, as opposed to regulations that the City was
required to confirm compliance with in the field. Ms. Bishow responded that to the degree the
City increased or broadened its range of regulations, there were additional staff resources
needed to ensure compliance, no matter how clearly the code was written or whether the review
required field work.
Ms. Bettman said that as the council looked at ways to change zoning and allowable uses within
the urban growth boundary, it needed to establish some things to maintain livability and
walkability. She cited Jefferson Street as an example of a street where additional parking for
secondary dwellings had been accommodated in the front yard or the setback. She was
concerned that as more secondary dwellings were allowed, without an outright prohibition, paving
of front and back yards would become more of an issue. Mr. Farr said that he understood those
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concerns, but pointed out many people operated outside the permit process and that would
probably be where enforcement issues arose.
Mayor Torrey expressed a concern that there were many items on the Consent Calendar that
residents were not sure about in terms of their impact. He asked if the residents had another
opportunity to speak to the many changes that had been suggested by the council. Ms. Bishow
said final action was tentatively scheduled for December 11 without an additional public hearing.
She said that the council could choose to hold another public hearing and postpone adoption.
Ms. Childs suggested that residents with concerns contact Ms. Bishow.
Ms. Bishow noted that staff would prepare a document showing how the code was changed from
the April 2000 draft and explain the reasons for the change. There would be some time for
people to examine that information before the council adopted it.
Mr. Meisner noted that he continued to be contacted by constituents urging further changes to
the code. Ms. Bettman concurred. She said that the mayor's remarks about residents'
uncertainty about the impact of the code were true, and the same could be said of the City itself.
She suggested that was a part of the process, and there would be a period of time during which
the community adjusted to the new code.
Mr. Pap~ anticipated a process during which the council would review the results of the code's
initial implementation in the future.
Mr. Farr said that Mayor Torrey made a good point. He said that a majority of residents in the
community had no clue about what was going in with the update or the changes being made and
how they will affect them. He said that the council would hear from people when they begin to be
affected. He said that it was possible the council could anticipate a backlash.
Ms. Taylor wanted to see the cost analysis described by Ms. Bishow to be forwarded to all
neighborhood organizations and then be the subject of a public hearing.
Mr. Kelly said that whether the council adopts the update now or in the future, it would not fully
know its impact until people started to use the new code. He did not think one hearing or several
hearings would bring the council closer to completion of the update. He acknowledged that the
council would need to do more fine-tuning of the code.
Mr. Meisner did not think the council needed to hold another public hearing on the council's
revisions. He expressed the wish that there was an executive summary that showed the
residents illustrations of what was being adopted, similar to the Visual Preference Survey report
produced by the Lane Council of Governments.
Mayor Torrey asked staff to prepare the steps the council would need to take to address an
unintended consequence that was discovered a week after adoption, and the time line for those
steps.
Ms. Bishow referred the council to two motions addressing solar standards prepared by staff in
response to the council's previous discussion, one calling for addition of a work program item
related to establishment of a green points program and the other amending the code by
incorporating testimony submitted by Eugene Water & Electric Board (EWEB) in May 2000. She
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reminded the council that there were staff impacts associated with passage of the second motion
as the initial intent of the update was to streamline the regulations to the degree possible.
Planning and Development Department Director Paul Farmer said that staff supported the
concept of the City moving toward a green points program but that required a great deal of staff
work and community discussion. In terms of the existing solar provisions, those were crafted
some time ago in context of the current zoning code. He believed the council would be ill-
advised to carry over the elements of the solar provisions as they were currently reflected in the
code. Mr. Farmer said that the provisions did not typically have much of an impact on single-
level homes but did impact houses of two or more stories. As the community moved toward
smaller housing lots, did more in the way of tree protection, and attempted to reduce impervious
surfaces, the City did not want to find itself in a situation where more single-story houses were
built because of the solar provisions. Mr. Farmer said that staff would try to point out the
unintended consequences from the changes suggested by EWEB.
Mr. Fart thanked Mr. Farmer for his statements. He was concerned about both solar access and
about the City's conflicting standards and directives. He said that strict enforcement of the solar
access standards appeared to work against increased densification, a City goal. Another
example of conflict was rear garage access, which increased impervious paved areas. Mr. Farr
was confident that as long as the council allowed staff to offer its input, it would be moving in the
right direction.
Ms. Bettman said she was not striving to achieve as much density as possible and did not think
that was the City's objective. She thought the objective was sufficient densification to support
transit and preserve the urban growth boundary through efficient use of land. For that reason,
she thought preserving the solar standards was a good idea because it gave people living in the
city an opportunity to garden, enjoy sunlight, and have access to solar as an alternative energy
source.
Responding to a question from Ms. Bettman regarding the nature of a list distributed to the
council which identified changes to the existing solar provisions that EWEB found acceptable,
Mr. Farmer clarified that the list kept all existing provisions in place, with the exception of the
changes proposed through the update that EWEB was in agreement with. Ms. Bishow added
that EWEB was not advocating for change in general but were willing to support some of the
Planning Commission- recommended changes in recognition of the tradeoffs that Mr. Farmer
discussed.
Mr. Rayor said he felt good about the current solar standards but he recognized the tradeoffs.
He believed EWEB did a good job of submitting testimony but not much of what it wanted was
incorporated into the update. He questioned whether there was something that EWEB could
recommend related to the tradeoffs Mr. Farmer discussed, acknowledging that in some cases it
was unlikely both trees and solar access could be preserved.
Mr. Farmer said that staff was more comfortable with the Planning Commission-recommended
solar standards than the current standards or the motion before the council. He said that the
commission recommendations represented a balance between competing needs, and
appropriate solar access protection for the community.
Ms. Nathanson asked staff to discuss an example commission recommendation to which EWEB
objected. Ms. Bishow responded that the Planning Commission had recommended that
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subdivisions that achieved at least 70 percent of the maximum allowed density be exempted
from the solar lot provisions.
Mr. Kelly moved, seconded by Ms. Bettman, to direct the City Manager to
add a future work program item to bring back a solar access green points
program that balances intensification of use with continued solar access as a
natural amenity and sustainable energy source. The motion passed
unanimously, 7:0 (Mr. Meisner being out of the room at the time the vote was
taken).
Mr. Rayor moved, seconded Ms. Bettman, to direct the City Manager to
amend the code to maintain the present solar access provisions, with
changes acceptable to EWEB in testimony submitted in May 2000.
Responding to a question from Mr. Rayor, Ms. Bishow explained that under the current code, if a
development could not attain the density the developer proposed, it was exempt from the solar
lot standards. She said that staff did not want to be in the position of redesigning subdivisions to
demonstrate to developers they could achieve the desired density and comply with the solar lot
standards.
Mr. Rayor said he was trying to find a middle ground between EWEB's position and the
commission's position. He suggested that perhaps there could be a compromise establishing a
threshold number of solar lots for subdivisions.
Mr. Pap8 asked if it was possible that tree preservation requirements could hinder a developer's
attempt to achieve higher densities. Ms. Bishow said yes. The code already contained
provisions to exempt lots that were heavily forested because the shade prevented the use of
solar energy. She did not know if there would be conflicts between the tree preservation
standards being established for subdivisions and solar standards.
Mr. Pap8 thought EWEB had done a good job of advocating its point of view. He thought,
however, that the Planning Commission had done a good job of sorting through the issues and
had considered the entire range of issues involved, not just solar energy.
Mr. Kelly said that if the motion passed, many new subdivisions would retain the solar lot
standards and there would be no opportunity for what he termed the density bonus now in the
draft. Mr. Farmer concurred with Mr. Kelly's statement. Mr. Kelly said that he had wrestled with
the issue at great length. The code was a balancing act and he was concerned that the City
would lose opportunities to achieve densities that were supportive of transit if it overlaid the
current solar requirements on top of that. Given the amount of work done by the commission
and staff, he was prepared to accept the commission's recommendations. He did not think the
council had a sense of how the motion on the floor would impact a variety of related issues.
Ms. Nathanson noted the many conflicting values underlying the issue before the council. If she
had to pick between values, she thought that it was most appropriate the council be more
concerned with community development as a whole rather than with individual households. She
believed solar access largely impacted individual households. While she still thought that was
critical because of the cost of energy, she believed the council needed to be more directly
concerned with the larger range of issues. Ms. Nathanson would have preferred to defer to
EWEB, but did not think it possible in this case. She said the Planning Commission tried to
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balance solar access with other community values to reach its recommendations. Ms.
Nathanson opposed the motion.
Mr. Meisner agreed with Mr. Papa's remarks. He said he attended some of the commission's
discussions on the topic and thought it had done an extraordinary job in balancing values. He did
not believe the present code with the changes suggested by EWEB fit well with the remainder of
the draft code.
Mr. Meisner asked about the time line for the green points program. Ms. Childs said that staff
would provide that information to the council at a future work session. She envisioned a five-year
implementation process.
Mr. Meisner noted the long time the update had taken to reach this point and said the City had
lost four years of opportunity to improve the quality of development that occurred in the
community. He thought the solar standards recommended by the commission were an
improvement, and he believed the commission worked hard to represent many points of view.
He opposed the motion.
Ms. Bettman thought that much development would occur before the City established a green
points program and feared the City would have difficulty imposing new standards on a
development community that was not used to complying with such standards. She said that
solar was a natural resource. She thought the commission recommendations took a blanket
approach to the issue. Ms. Bettman said while solar access might have to be sacrificed to
accommodate other interests, that would only be true in some cases. She suggested that
alternatively, staff be directed to develop a trigger point for adherence to solar criteria for Iow-
density subdivisions. If a development met a certain set of community objectives related to
mixed use and density, the commission's recommendations could be implemented, otherwise the
stricter EWEB standards would apply.
Mr. Rayor agreed with Ms. Bettman. He said that he had brought the issue forward because he
thought that EWEB needed to have the discussion. He supported a threshold trigger for the
solar standards.
Ms. Taylor said that she had heard a great deal from constituents about the issue. She
considered solar access to be a quality of life issue. Ms. Taylor supported the motion.
Ms. Nathanson wondered where in the community the commission's recommendations would be
of most benefit as opposed to EWEB's recommendations. How much was the City doing by
adopting one approach versus the other? Was it losing density versus losing relatively little solar
access? Mr. Farmer responded that the commission had discussed density as a way to save
energy. Solar access, if houses were designed to take advantage of it, was another way to save
energy. The commission was attempting to provide an appropriate level of solar access while
achieving transit-supportive density. Ms. Nathanson said that the City could help people save
energy costs for transportation or help save energy costs for heating buildings, and sometimes
both. Mr. Farmer concurred. He noted that multi-story buildings were typically more energy
efficient than single story buildings.
Mr. Farmer reported that staff was in the process of beginning the initial staff work on a green
points program. He said that staff intended to cooperate with EWEB on the program.
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Ms. Bettman moved to amend the motion by directing the City Manager to
include a provision in the code which triggered EWEB's provisions below a
certain density level.
Ms. Bettman explained that anything below the trigger must comply with the EWEB provision;
anything above the trigger was subject to the commission's recommendations.
Ms. Childs indicated that if the amendment was adopted, the result would be two sets of solar
standards in the code. Mr. Farmer believed that staff could write code to implement the motion,
however.
The motion to amend died for lack of a second.
The motion failed, 5:3; Ms. Bettman, Mr. Rayor, and Ms. Taylor voting yes.
Ms. Bettman moved, seconded by Mr. Rayor, to direct the City Manager to
have staff work with EWEB to identify a density trigger point below which
staff would return with standards from the existing code that did not find their
way into the commission recommendations.
Mr. Fart believed that many of EWEB's recommendations could be addressed by a green points
program. He questioned how a single set of solar standards could be applied over Eugene's
varying terrain.
Mr. Farmer said that solar access regulations worked better in some places of the community
than in others.
Mr. Fart believed it would be too confusing to establish two sets of standards and hoped that
some of Ms. Bettman's concerns were addressed by the green points program.
Mr. Kelly said that the draft did contain some triggers, like the fact solar standards only apply in
the R-1 and R-2 zones. There were shadings within those zones as well. If the effect of the
motion was to direct staff to consult with EWEB to determine under what circumstances
particular provisions should be waived, he could support it. However, if the intent of the motion
was to ensure that elements of the existing code were carried forward, that would result in two
sets of standards and he could not support that.
Mr. Rayor said he hoped that the result of the motion was an easy-to-understand table.
The motion failed, 5:3; Ms. Bettman, Mr. Rayor, and Ms. Taylor voting yes.
Ms. Nathanson clarified that the council was trading one set of solar standards for another, and
was not eliminating solar standards.
Ms. Bettman moved, seconded by Mr. Meisner, to direct the City Manager to
amend Section 9.6410(3) to include C-2, with some adjustments for scale.
After clarifying with the maker the intent of the motion, Mr. Kelly indicated support. He said that if
a use was so small as to require just a few parking spaces, its presence in the C-2 zone as
opposed to the C-1 zone did not seem to make much difference.
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Responding to a question from Mr. Farr, Ms. Bishow did not think the provision would be used
frequently because businesses preferred to have more off-street parking than there was demand
for. She said that there could be some neighborhood on-street parking impacts depending on the
scale of development, or an impact on nearby business parking.
Ms. Childs clarified that the motion would not preclude the construction of off-street parking. She
agreed with a statement from Mr. Farr that the City would be providing business with more
options.
Mr. Meisner asked what would happen if the use in question changed to a more intense C-2 use
without a change in the building. In the absence of a business licensing program, was there a
way to trigger a requirement for additional parking? Mike McKerrow of the Planning and
Development Department said there was no process that triggered a requirement for additional
parking if no permits were being sought.
Mr. Rayor asked for information about the provision in the update (Table 9.6410) that indicated a
parking reduction of up to 25 percent of the minimum requirement was allowed as a right of
development. Ms. Bishow termed it an innovative tool the City was using to encourage property
owners to construct less parking than the required minimum.
Mr. Rayor said he would oppose the motion because C-2 development sites were typically three
to five acres in size, as opposed to C-1, which was smaller in size and served a more local area.
He thought parking turnover was higher for C-1 uses than for C-2 uses and potentially had less
neighborhood impact. Mr. Rayor had a difficult time contemplating how the motion would be
implemented in shopping centers, such as Oakway Mall, with many stores in a C-2 zone.
Ms. Bettman said that the Oakway Mall was a good example. A new use in that mall's parking lot
could share parking with the existing uses, as long as those uses were willing.
Ms. Nathanson distinguished between a business located in a consolidated development and a
business in a street-front situation. In the case of the consolidated development, parking was
shared parking through a business arrangement. She suggested that what was flexibility in the
eyes of one owner could be unauthorized use of a parking lot in the eyes of another business
owner. Ms. Nathanson was concerned that the motion could lead to business-to-business
disputes.
Responding to Ms. Bishow's suggestion that the provision would likely be used infrequently, Ms.
Nathanson envisioned a situation where a start-up business on a tight budget would attempt to
find a way to locate customer parking without incurring the expense of constructing parking.
The motion failed, 5:3; Ms. Bettman, Mr. Kelly, and Mr. Farr voting yes.
Ms. Bettman moved, seconded by Mr. Kelly, to direct the City Manager to
amend Section 4.290(3) of the \ND Nodal Development overlay zone and
Section 9.4530(6) of the \TD Transit Oriented overlay zone, to increase from
40 percent to 60 percent the amount of the site frontage abutting the street
that must be occupied by a building in order for parking to be located at the
rear or sides of the building.
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Ms. Bettman explained that her intent was to increase the percentage of building frontage along
the street and eliminate text allowing a portion of that frontage to be occupied by enhanced
pedestrian space.
Responding to a request for comment from Mr. Meisner, Ms. Bishow diagramed an example
situation illustrating the impact of the motion on a development. She said that there would be
more building along the site frontage and more parking in the rear.
Mr. Fart believed the impact of the motion would be to make people less likely to install
pedestrian enhancements along the abutting street. He asked for an example of where a
building now occupied 40 percent of the site. Ms. Bishow said that typically, commercial
buildings tended to occupy less than half the available site frontage because the parking area
was usually in the front of the building. The motion was an effort to further transition the
appearance of the street so that buildings were closer to the front. She said the council needed
to decide whether to start incrementally as recommended by the commission, or move
immediately to a full 60 percent frontage requirement.
Mr. Kelly supported the philosophical intent behind the motion but had questions. For example,
what did the phrase "abutting the street" mean? He pointed out that some developments had
creative, angled frontages and asked if those frontages would be considered to be abutting the
streets. Ms. Childs said that those frontages would be considered to abut the streets if one could
not park a car in front of the building.
Mr. Kelly questioned the impact of dropping the opportunity for realizing enhanced pedestrian
space. Those amenities went beyond park benches and included plazas, arcades, sheltered or
recessed entries, outdoor cafes, and courtyards. He asked how the elimination of those
amenities enhanced the pedestrian feel of the block and pointed out that their provision would
also push parking to the rear of a structure. Ms. Bettman responded that the provision would
only apply in transit and nodal areas. The City had certain objectives it wished to achieve in
those areas. There would still be 40 percent of the streetscape to use for driveways, which she
hoped to narrow, and for pedestrian amenities. Ms. Bettman said that it was conventional
wisdom that locating buildings on the site frontage enhanced the safety and attractiveness of the
pedestrian and encouraged walking and transit use.
Mr. Pap~ asked about the practical impact of the motion because he believed it could call the
affordability of a development into question, leading to the location of that development
elsewhere. He said the City should develop incentives encouraging development to front on the
street. He said that it appeared that if the development did not achieve 60 percent site frontage,
parking would not be allowed behind, so where would it be? Ms. Bettman said that because
development could not install parking in front, it would be required to meet the coverage
requirement. Mr. Pap~ suggested the possibility the City could lose the development. Ms.
Bettman said that the City was establishing different criteria for development in the nodal and
transit areas because it had different objectives to achieve. Mr. Pap~ said he did not think the
City could force economics.
Mr. Rayor said the intent of the motion was good but he pointed out that the current code gave
developers the option to cover 40 percent or more of the site frontage. He suggested that the
frontage covered by 40 percent could be two-story and the frontage extending to 60 percent
could be single story. He said that there could be issues related to narrow lots. In addition, he
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suggested the result could be one-story development with a cut-out because 60 percent
coverage was a lot.
Ms. Childs expressed some confusion about the statement in the motion indicating that 60
percent of the site frontage must be occupied by a building for parking to be allowed at the rear
or sides of the building because it was her understanding that was where the council wanted
parking located. Regarding the increase from 40 percent to 60 percent, she said she was less
concerned about that given the council's revisions to the floor area ratios (FAR) in the \TD areas.
Mr. Kelly pointed out that the text to which Ms. Childs referred was in the current code.
Ms. Bishow said that the motion was a strong mandate to do side and rear parking in the \ND
and \TD zones.
Ms. Nathanson was not comfortable proceeding with the motion because she did not have
enough information about the calculations involved. She diagramed an example and questioned
how it would work for driveway clearances, access, sight lines, and turnaround space. Ms.
Bettman suggested that an exemption could be included in the code to address situations where
driveways would affect the percentage of site frontage coverage. She suggested that the
adjustment review process was another opportunity to adjust the percentage of site frontage
coverage if a development met the intent, but not the specific criteria, of the code. Ms. Bettman
added that 40 percent site frontage coverage in the \ND and \TD zones did not seem adequate to
her.
Mr. Meisner wanted to support the motion but wanted to ensure that it achieved the desired
results. He suggested that the motion be amended to indicate that 60 percent of the site
frontage would be occupied by a building and enhanced pedestrian space provided no more than
a certain percentage, such as 20 percent, be the enhanced pedestrian space. Ms. Bettman and
Mr. Kelly accepted Mr. Meisner's suggestion as a friendly amendment. Ms. Childs said that staff
would follow-up by developing the appropriate text. The motion then read ':.. 60 percent of the
site frontage abutting the street (excluding required interior yards) with up to 20 percent of that 60
percent allowed in enhanced pedestrian spaces."
Mr. Fart found the amended motion more acceptable than the original motion, but also shared
Ms. Nathanson's concerns regarding driveway clearances and sight lines.
Mr. Kelly asked staff if Ms. Bettman's statement that adjustment review process could provide a
mechanism to address concerns about sight lines and driveway width was true. Ms. Childs said
that the mechanism existed but she did not recall if there was an adjustment for those issues in
the process at the current time. Mr. Kelly suggested that the safety issue could be addressed at
a broader level by full-site frontage and alley access to parking lots at the rear of the structure.
Mr. Pap~ suggested that the goal of the motion could be achieved over time by requiring any off-
street parking to be a certain distance from the street and a certain degree of pedestrian
amenities. He though that the motion could be economically problematic for some developers.
Ms. Nathanson said she liked the idea of increasing building frontage along the street and putting
parking in back, but continued to be concerned that the math worked out and the result was not
additional expense for a property owner who happened to be located on, for example, an 85-foot
frontage as opposed to a 100-foot frontage. She asked staff to return with something workable
after it received the council's general direction. Ms. Bishow agreed.
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The motion passed, 6:2; Mr. Fart and Mr. Pap~ voting no.
Ms. Bettman moved, seconded by Ms. Taylor, to direct the City Manager to
amend Section 9.5500(12)(b) to enhance pedestrian safety and convenience
by reducing the required driveway width.
Mr. Kelly supported the motion and suggested staff look to the alley access guidelines for
direction.
Ms. Nathanson supported the intent of the motion. She asked if the existing driveway standard
was based on engineering standards. Ms. Bishow was unsure. Mr. Farmer said that
consultation with engineering staff indicated that the driveways could be narrowed, and staff
would return to the council with suggested widths.
Mr. Fart clarified that the motion did not apply to R-1 zoned property and single-family homes.
Ms. Childs concurred.
The motion passed unanimously, 8:0.
The meeting adjourned at 7:50 p.m.
Respectfully submitted,
Jim Johnson
City Manager
(Recorded by KimberlyYoung)
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