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HomeMy WebLinkAboutOrd. 20657 C20 A ADOPTED:Ju26 SIGNEDJu27202 P REJECTED: OPPOSED: ABSENT EFFECTIVE: provi ORDINANCE NO. 20657 AN ORDINANCE CONCERNING COMMERCIAL SETBACKS AND AMENDING SECTIONS 9.0500, 9.2170, 9.3125, 9.4290 AND 9.4530 OF THE EUGENE CODE, 1971, AND PROVIDING AN EFFECTIVE DATE. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Section 9.0500 of the Eugene Code, 1971, is amended by adding the definitions of “Ground Floor Ceiling Height” and “Vertical Separation” to provide as follows: 9.0500 Definitions. As used in this land use code, unless the context requires otherwise, the following words and phrases mean: *** Ground Floor Ceiling Height. For purposes of EC 9.2170, ground floor ceiling height means the clear vertical distance from the finished floor to the finished ceiling. *** Vertical Separation. For purposes of EC 9.2170, vertical separation means the vertical distance from the finished grade to the finished ground floor. Section 2. Figure 9.2170(4)(b) is relabeled as Figure 9.2170(4)(c) as shown on Exhibit A attached to this Ordinance. Figure 9.2170(4)(b)6. is relabeled as Figure 9.2170(4)(c)6. as shown on Exhibit B attached to this Ordinance. Section 3. Subsections (2), (4) and (5) of Section 9.2170 of the Eugene Code, 1971, are amended to provide as follows: 9.2170 Commercial Zone Development Standards – General. *** (2)Application of Standards. In addition to applicable provisions contained elsewhere in this land use code, the development standards listed in Table 9.2170 Commercial Zone Development Standards shall apply to all development in commercial zones. Ordinance - Page 1 of 8 Table 9.2170 Commercial Zone General Building Height and Setback Standards C-1C-2C-3GO Building Height (See EC 9.2170(3)) Maximum Building Height 35 feet120 feet 150 feet 50 feet Setbacks (See EC 9.2170(4)) Minimum Front Yard Setback 10 feet5 feet 3 feet 10 feet Maximum Front Yard Setback 15 feet15 feet 15 feet 15 feet Minimum Interior Yard Setback 0 feet to 0 feet to 0 feet 0 feet to 10 feet10 feet 10 feet *** (4) Setbacks. (a) Exceptions to the general minimum front and interior yard setback requirements stated in Table 9.2170 Commercial Zone General Building Height and Setback Standards are contained in: 1. EC 9.6745 Setbacks – Intrusions Permitted. 2. EC 9.6750 Special Setback Standards. (b) The minimum front yard setbacks stated in Table 9.2170 Commercial Zone General Building Height and Setback Standards, shall apply only to new buildings and any building addition that increases the length of the building facade facing a street, internal accessway, private drive, or shopping street as defined in EC 9.2175(3) by at least 100%. For purposes of this subsection, the front yard setback may be measured from a front lot line abutting a public street or from the edge of the sidewalk furthest from the curb of an internal accessway, private drive, or shopping street. In addition, only the portion of the development site specifically affected by the new building and any linear facade expansion of more than 100% are subject to the requirements of this subsection. 1. The minimum front yard setback in C-2 and C-3 zones shall be landscaped to the Basic Landscape Standard (L-1) in accordance with EC 9.6210(1), except for paved pedestrian walkways, building entrances and enhanced pedestrian space. Vehicular access connections and driveways to parking areas are also exempt from this landscaping standard, but vehicle use areas are not otherwise allowed between the building and the street within the minimum setback area. 2. In C-2, except for C-2 within the Downtown Plan Area as shown on Map 9.2161(6) Downtown Plan Map, buildings and other structures with less than the minimum 5-foot setback are allowed, and exempt from the minimum landscaping requirement in this subsection, only for the following: a. Ground floor commercial and other non-residential uses that provide a minimum 10-foot ground floor ceiling height, and at least 60 percent of the street facing ground-floor wall area consists of glazing, openings, display windows or doorways. To meet this standard, the area of openings, glazing, display windows Ordinance - Page 2 of 8 and doorways must allow two-way visibility with a Visible Light Transmittance (VLT) of at least 60 percent. Mullions and other solid components of glazed window systems may be counted as part of the glazing used to comply with this standard. b. Ground floor residential uses with a vertical separation of 3 feet above grade. Shared lobbies and building entrances are exempt from these vertical separation requirements. The minimum setback under this exception may only be reduced to 3 feet, and the remaining area of the reduced setback shall be provided as enhanced pedestrian space. c. Buildings with a street facing façade at the minimum 5-foot setback or less according to the standards above shall provide a main entrance facing the street. A building may have more than one main entrance, and buildings having frontage on more than one street shall provide at least one main entrance oriented to a street, or to the corner where two streets intersect. d. Vehicular use areas are not permitted between the street and any portion of the building at or within the required minimum setback according to this subsection, except for access to parking areas. 3. For C-2 and C-3 within the Downtown Plan Area as shown on Map 9.2161(6) Downtown Plan Map, buildings and other structures with less than the minimum setback are allowed, and exempt from the minimum landscaping requirement in this subsection, only for the following: a. Ground floor commercial and other non-residential uses that provide a minimum 12-foot ground floor ceiling height, and at least 75 percent of the street facing ground-floor wall area consists of glazing, openings, display windows or doorways. To meet this standard the area of openings, glazing, display windows and doorways must allow two-way visibility with a Visible Light Transmittance (VLT) of at least 60 percent. Mullions and other solid components of glazed window systems may be counted as part of the glazing used to comply with this standard. b. Ground floor residential uses with a vertical separation of 3 feet above grade. Shared lobbies and building entrances are exempt from these vertical separation requirements. The minimum setback under this exception may only be reduced to 3 feet, and the remaining area of reduced setback shall be provided as enhanced pedestrian space. c. Buildings with a street facing façade at the minimum setback or less according to the standards above shall provide a main entrance facing the street. A building may have more than one main entrance, and buildings having frontage on more than one street shall provide at least one main entrance oriented to a street, or to the corner where two streets intersect. d. Vehicular use areas are not permitted between the street and any portion of the building at or within the required minimum setback according to this subsection, except for access to parking areas. Ordinance - Page 3 of 8 4. The minimum setbacks in C-1 and GO shall be landscaped to the Basic Landscape Standard (L-1) in accordance with EC 9.6210(1), except for paved pedestrian walkways, building entrances and enhanced pedestrian space. Vehicular access connections and driveways to parking areas are also exempt from this landscaping standard, but vehicle use areas are not otherwise permitted between the building and the street within minimum setback areas. (c) The maximum front yard setbacks stated in Table 9.2170 Commercial Zone General Building Height and Setback Standards, shall apply only to new buildings and any building addition that increases the length of the building facade facing a street, internal accessway, private drive, or shopping street as defined in EC 9.2175(3) by at least 100%. For purposes of this subsection, front yard setback may be measured from a front lot line abutting a public street or from the edge of the sidewalk furthest from the curb of an internal accessway, private drive, or shopping street. In addition, all new buildings and the portion of the development site specifically affected by the new building and any linear facade expansion of more than 100% are subject to the requirements of this subsection. (See Figure 9.2170(4)(c) Maximum Front Yard Setbacks, Building Orientation, and Entrances.) 1. In C-1, at least 80% of all street facing facades of the building must be within the specified maximum front yard setback. 2. In C-2 and C-3, a minimum of 25% of all street facing facades must be within the specified maximum front yard setback, or, orientation to an internal accessway, private drive, or shopping street as defined in EC 9.2175(3) is permitted in compliance with EC 9.2173(4)(a). 3. In GO, at least 60% of all street facing facades of the building must be within the specified maximum front yard setback. 4. Vehicular use areas are not permitted in between the street and the portion of the building that is used to comply with this subsection. 5. Buildings fronting on a street must provide a main entrance facing the street on any facade of the building within the front yard setback. A main entrance is a principal entrance through which people enter the building. A building may have more than one main entrance. Buildings having frontage on more than one street shall provide at least one main entrance oriented to a street, or to the corner where two streets intersect. 6. The land between the portion of a building complying with EC 9.2170(4)(c)(1) or (2) and a street must be landscaped or paved with a hard surface for use by pedestrians. If a hard surface is provided, the area must contain at least the equivalent of 1 pedestrian amenity for every 200 square feet of hard surface. The use of porous materials for hard surfacing is encouraged. Residential developments are exempt from this subsection, except as required by any more restrictive provisions of EC 9.2170(4)(b) above. (See Figure 9.2170(4)(c)6. Landscaped or Paved Pedestrian Area with Pedestrian Amenities.) 7. The maximum front yard setback may be exceeded if the area between the building and the front property line is landscaped or paved for use by pedestrians. The area must contain at least the equivalent of 1 enhanced pedestrian amenity for every 200 square feet of hard surface. (See Figure 9.2170(4)(c)6. Landscaped or Paved Pedestrian Area with Pedestrian Amenities.) Ordinance - Page 4 of 8 (d) Where lot lines abut property within a residential zone category, the minimum interior yard setback for any building shall be 10 feet. Within the Downtown Plan Area as shown on Map 9.2161(6) Downtown Plan Map, adjustments to this section may be made based on the criteria in EC 9.8030(16). (e) For lots zoned C-1 within the S-JW Jefferson Westside Special Area Zone boundaries as shown on Figure 9.3605, setbacks from all portions of interior lot lines (as that term is defined for purposes of the S-JW Special Area Zone) shall be at least 10 feet from the interior lot line. In addition, at a point that is 20 feet above grade, the setback shall slope at the rate of 10 inches vertically for every 12 inches horizontally (approximately 50 degrees from vertical) away from that lot line. (f) Adjustments. Except for the Downtown Plan Area as shown on Map 9.2161(6) Downtown Plan Map, adjustments to the minimum and maximum front yard setbacks and landscaping standards in this subsection, except subsection (4)(a), may be made, based on criteria at EC 9.8030(2) Setback Standards Adjustment. Within the Downtown Plan Area, adjustments to the minimum and maximum front yard setbacks in this subsection, except subsection (4)(a), may be made, based on the criteria at EC 9.8030(16). (5) Landscaping. The following landscape standards apply to new buildings, and the portion of the development site specifically affected by the new building and shall be subject to the requirements of this subsection. (a) Minimum Landscape Area Required. In all commercial zones, except C-2 within the Downtown Plan Area as shown on Map 9.2161(6) and C-3, a minimum of 10 percent of the development site shall be landscaped with living plant materials. Within the C-2 zone within the Downtown Plan Area, a minimum of 5 percent of the development site shall be landscaped with living plant materials. No minimum landscaping is required in the C-3 zone, except as required by EC 9.2170(4)(b)1. All required landscaping shall comply with landscape standards beginning at EC 9.6200 Purpose of Landscape Standards. Any required landscaping, such as for required front or interior yard setbacks or off-street parking areas, shall apply toward the development site minimum landscape requirement. The area of exterior landscaping on the roof of a building or exposed terrace may be used to meet the 10% minimum landscaping standard. Up to 50% of the landscape area may be a hard surface for recreational or enhanced pedestrian space. (b) Minimum Landscape Standard. Unless otherwise specified in this land use code, required landscape areas must, at a minimum, comply with EC 9.6210(1) Basic Landscape Standard (L-1). (c) Landscaping In Interior Yard Setbacks Abutting Residential Zones. Landscape planting beds within the interior yard setbacks abutting a residential zone shall be a minimum of 7 feet in width and shall comply with EC 9.6210(3) High Screen Landscape Standard (L-3). (d) Street Trees. Street tree requirements are specified in EC 7.280 Street Tree Program – Policies, Standards, Procedure. (e) Within the Downtown Plan Area as shown on Map 9.2161(6) Downtown Plan Map, adjustments to subsections (a) and (b) may be made based on the criteria in EC 9.8030(16). Ordinance - Page 5 of 8 Section 4. The “Interior Yard Setback – Detached Buildings” entry in the “Minimum Front Yard Setbacks” section of Table 9.3125(3)(g) in subsection (3) of Section 9.3125 of the Eugene Code, 1971, is amended to provide as follows: 9.3125 S-CN Chase Node Special Area Zone Development Standards. ... (3) Development Standards Applicable in Specific Subareas of the S-CN Zone. … (g) The following Table 9.3125(3)(g) sets forth standards for specific subareas of the S-CN Zone, subject to the special development standards in EC 9.3126 Special Development Standards for Table 9.3125(3)(g). Table 9.3125(3)(g) S-CN Chase Garden Node Special Zone Development Standards (See EC 9.3126 Special Development Standards for Table 9.3125(3)(g).) C HDR/MU HDR Minimum Front Yard Setbacks … Interior Yard Setback –Detached 0 to 10' (See EC 5' or minimum 5' or minimum Buildings 9.2170(4)(d) 10' between 10' between buildings buildings … Section 5. Subsection (2) of Section 9.4290 of the Eugene Code, 1971, is amended to provide as follows: 9.4290 Density and Development Standards. In addition to the requirements of the base zone, the following standards shall apply to all development, except that the standards in subsection (2) and (3) do not apply to single-family dwellings or duplexes. *** (2) Building Setbacks. (a) Buildings shall be set back a maximum of 15 feet from the street. There is no minimum setback, except as required by EC 9.2170(4)(b). Ordinance - Page 6 of 8 (b) Where the site is adjacent to more than one street, a building is required to meet the above maximum setback standard on only one of the streets. Section 6. Subsections (1) and (6) of Section 9.4530 of the Eugene Code, 1971, are amended to provide as follows: 9.4530 /TD Transit Oriented Development Overlay Zone Development Standards. (1) Building Setbacks. (a) Buildings shall be set back a maximum of 15 feet from the street. There is no minimum setback, except as required by EC 9.2170(4)(b). (b) Where the site is adjacent to more than one street, a building is required to meet the above maximum setback standard on only one of the streets. *** (6) Improvements Between Buildings and Streets. The land between a building or exterior improvement and a street must be landscaped and/or paved with a hard surface for use by pedestrians. If hard-surfacing is provided, the area must contain pedestrian amenities such as seating areas, drinking fountains, and/or other design elements (such as public art, planters, and kiosks). The use of porous paving materials for hard surfacing is encouraged. Residential developments are exempt from this requirement, except on properties zoned C-2 or C-3. (See Figure 9.4530(8) Improvements Between Buildings and Streets in /TD Areas.) Section 7. The findings set forth in Exhibit C attached to this Ordinance are adopted as findings in support of this Ordinance. Section 8. The City Recorder, at the request of, or with the concurrence of the City Attorney, is authorized to administratively correct any reference errors contained herein or in other provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein. Section 9. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for 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. Ordinance - Page 7 of 8 9.2170(4)(c) Gjhvsf Mboetdbqfe!ps!Qbwfe!Qfeftusjbo! :/3282)6*)f*9.2170(4)(c)6. Bsfb!xjui!Qfeftusjbo!Bnfojujft Cvjmejoh Qbwfe!ps! mboetdbqfe qfeftusjbo!bsfb Ljptl!)2* Tfbujoh Bsfb!)3* Qspqfsuz!Mjof Tjefxbml Qmboufst!)3* Tusffu FYBNQMF; ¤2-111!trvbsf!gffu!pg!ibse!tvsgbdf xjui!njojnvn!pg!2!bnfojuz!qfs!311 trvbsf!gffu/ ¤6!Bnfojujft!Sfrvjsfe; Tfmfdu!bnpoh!eftjho!fmfnfout j/f/!tfbujoh!bsfb-!esjoljoh gpvoubjo-!qvcmjd!bsu-!qmboufs-!ljptl/ ¤Tfmfdufe;!!3!tfbujoh!bsfbt 3!qmboufst 2!ljptl Exhibit C FINDINGS Commercial Setbacks (City File: CA 20-5) Eugene Code (EC) Section 9.8065 requires that the code amendmentscomply with the following approval criteria (in bold): EC 9.8065(1): Is consistent with applicable statewide planning goals adopted by the Land Conservation and Development Commission. Findings addressing consistency with applicable statewide planning goals (shown in italics) are provided below. Goal 1 -Citizen Involvement. To develop a citizen involvement program that ensures the opportunity for citizens to be involved in all phases of the planning process. The City has codified provisions for citizen involvement which ensure the opportunity for citizens to be involved in all phases of the planning process and set out requirements for such involvement. Adoption of the proposed code amendment will follow the process for Type V land use applications as laid out in the City’s land use code, including requirements for public notice and comment. Additionally, staff held focus groups on initial concepts which allowed for input that was taken into consideration in drafting the commercial setbacks code amendments. The process for adopting the code amendment complies with Goal 1 because it is consistent with, and will not change, the City’s existing and acknowledged citizen involvement provisions and included additional outreach. The Planning Commission public hearing on the code amendment was duly noticed to the Department of Land Conservation and Development (DLCD), the City of Springfield, Lane County, and all City of Eugene recognized neighborhood organizations, as well as community groups and individuals who have requested notice. In addition, notice of the public hearing was also published in the Register Guard newspaper, a newspaper of general circulation in the City. Following the Planning Commission public hearing and recommendation, notice of the City Council public hearing was provided as required by the Eugene Code. City Council Initiation September 28, 2020 Focus Groups (Two Sessions) November 6, 2020 Application DLCD Notice April 6, 2021 Notice and Public Notice of Planning Commission Hearing April 9, 2021 Involvement Notice in Register Guard of Planning Commission April 21, 2021 Timeline Hearing Public Notice of City Council Hearing July 1, 2021 Notice in Register Guard of City Council Hearing July 1, 2021 Exhibit C These processes afford ample opportunity for citizen involvement consistent with Goal 1. Therefore, the code amendment is consistent with Statewide Planning Goal 1. Goal 2 - Land Use Planning. To establish a land use planning process and policy framework as a basis for all decisions and actions related to use of land and to assure an adequate factual basis for such decisions and actions. The City’s land use code specifies the formal adoption procedure and approval criteria that were used in considering these amendments. The record shows that there is an adequate factual basis for the amendments. The Goal 2 coordination requirement is met when the City engages in an exchange, or invites such an exchange, between the City and any affected governmental unit and when the City uses the information obtained in the exchange to balance the needs of the citizens. To comply with the Goal 2 coordination requirement, the City engaged in an exchange about the subject of these amendments with the affected governmental units. Specifically, the City provided notice of the proposed action and opportunity to comment to Lane County, the City of Springfield and the Department of Land Conservation and Development. There are no Goal 2 Exceptions required for the proposed ordinance. Therefore, the code amendment is consistent with Statewide Planning Goal 2. Goal 3 - Agricultural Lands. To preserve agricultural lands. The code amendment does not affect any land designated for agricultural use. Therefore, the code amendment is consistent with Statewide Planning Goal 3. Goal 4 - Forest Lands. To conserve forest lands. The code amendment does not affect any land designated for forest use. Therefore, the code amendment is consistent with Statewide Planning Goal 4. Goal 5 - Open Spaces, Scenic and Historic Areas, and Natural Resources. To conserve open space and protect natural and scenic resources. The code amendment does not create or amend the City’s adopted inventory of Goal 5 resources and does not amend any code provision adopted in order to protect a significant Goal 5 resource, or to address specific requirements of Goal 5. The code amendment does not allow new uses that could be conflicting uses with a significant Goal 5 resource site and does not amend the City’s acknowledged urban growth boundary. Therefore, the code amendment is consistent with Statewide Planning Goal 5. Exhibit C Goal 6 - Air, Water and land Resource Quality. To maintain and improve the quality of the air, water and land resources of the state. Goal 6 addresses waste and process discharges from development, and is aimed at protecting air, water and land from the impacts of those discharges. The amendments do not affect the City’s ability to provide for clean air, water or land resources. Therefore, the code amendment is consistent with Statewide Planning Goal 6. Goal 7 - Areas Subject to Natural Disasters and Hazards. To protect life and property from natural disasters and hazards. Goal 7 requires that local government planning programs include provisions to protect people and property from natural hazards such as floods, landslides, earthquakes and related hazards, tsunamis and wildfires. The Goal prohibits development in natural hazard areas without appropriate safeguards. The code amendment doesnot affect the City’s existing restrictions and approval criteria regarding development in areas subject to natural disasters and hazards. Therefore, the code amendment is consistent with Statewide Planning Goal 7. Goal 8 - Recreational Needs. To satisfy the recreational needs of the citizens of the state and visitors, and where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. Goal 8 ensures the provision of recreational facilities to Oregon citizens and is primarily concerned with the provision of those facilities in non-urban areas of the state. The code amendment does not affect the City’s provisions for recreation areas, facilities, or recreational opportunities. Therefore, the code amendment is consistent with Statewide Planning Goal 8. Goal 9 - Economic Development. To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon’s citizens. The Administrative Rule for Statewide Planning Goal 9 (OAR 660, Division 9) requires cities to evaluate the supply and demand of commercial land relative to community economic objectives. The Employment Lands Supply Study 2012-2032 (ELSS) is included as appendix B in the City’s comprehensive plan and complies with the requirements of Goal 9 and the corresponding Administrative Rule. The code amendment does not affect the amount of land designated or zoned for commercial use. Goal 9 also requires cities consider methods and devices for overcoming certain regional conditions and deficiencies for implementing this goal, including land use controls and ordinances. The code amendment sets new standards for setbacks for commercially zoned property, but allows clear exceptions, and maintains adjustment review as an option to maintain flexibility for development. Therefore, to the extent Goal 9 is applicableto the amendment, the amendment is consistent with Statewide Planning Goal 9. Exhibit C Goal 10 - Housing. To provide for the housing needs of citizens of the state. Goal 10 requires that communities plan for and maintain an inventory of buildable residential land for needed housing units. The code amendment does not impact the supply or availability of residential lands included in the City’s documented supply of “buildable land” that is available for residential development. Therefore, to the extent Goal 10 is applicable to the code amendment, the code amendment is consistent with Statewide Planning Goal 10. Goal 11- Public Facilities and Services. To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. The code amendment does not affect the City’s provision of public facilities and services. Therefore, the code amendment is consistent with Statewide Planning Goal 11. Goal 12- Transportation. To provide and encourage a safe, convenient and economic transportation system. Goal 12 is implemented through the Transportation Planning Rule (TPR, OAR 660-12). The code amendment will not significantly affect any transportation facility, nor does it change procedures related to analyzing and mitigating impacts to the transportation system. Therefore, the amendments are consistent with Statewide Planning Goal 12. Goal 13 - Energy Conservation. To conserve energy. The code amendment does not affect any of the City’s energy conservation measures or programs. Therefore, the code amendment is consistent with Statewide Planning Goal 13 does not apply. Goal 14 - Urbanization. To provide for an orderly and efficient transition from rural to urban land use. The amendments do not affect the City’s provisions regarding the transition of land from rural to urban uses. Therefore, the amendments are consistent with Statewide Planning Goal 14. Goal 15 - Willamette River Greenway. To protect, 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 amendments do not contain any changes to the City’s Willamette River Greenway regulations; therefore, the amendments are consistent with Statewide Planning Goal 15. Exhibit C Goal 16 through 19 - Estuarine Resources, Coastal Shorelands, Beaches and Dunes, and Ocean Resources. The code amendment does not include any changes related to coastal, ocean, estuarine, or beach and dune resources. Therefore, the code amendment will not affect compliance with Statewide Planning Goals 16 through 19. EC 9.8065(2): Is consistent with applicable provisions of the comprehensive plan and applicable adopted refinement plans. The code amendment does not include any change in adopted land use designations or policy. It also does not change any requirements concerning compliance with the Metro Plan, Envision Eugene Comprehensive Plan, and applicable refinement plans. The changes are limited to requirements for setbacks for commercially zoned property, and there are no policies or other applicable provisions in the Metro Plan or adopted refinement plans that specifically serve as mandatory approval criteria for such design changes. Therefore, the code amendments comply with the above criterion. EC 9.8065(3): In the case of establishment of a special area zone, is consistent with EC 9.3020 Criteria for Establishment of an S Special Area Zone. The code amendment does not establish a special area zone. Therefore, this criterion does not apply. CONCLUSION Based on the available information and evidence, and the preceding findings of compliance, the code amendment complies with the applicable approval criteria.