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Home My WebLink AboutOrdinance No. 19329~RDINANcE No. 19329 AN ORDINANCE CONCERNING MU-R WHITEAKER RESI- DENTIAL MIMED USE DISTRICT FOR PROPERTIES LOCATED IN T8E WHITEAKER COI~UNITY; REPEALING ORDINANCE N0. 1 ~ 0 3 d ; AND DECLARING AN EI~BRGENCY. T8E CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Descr i tion and Pur ose. The purpose of the MU--R W lteaker Residential Mixed-Use District is to encourage a mix of residential and complementary neighborhood scale commercial and institutional uses, and to allow continuation of existin g commercial and industrial uses. Residential use is emphasized in this district. A need is recognized for a concentration of population, whether it be from within or outside the district, to support variety and choice in neighborhood commercial and institutional uses, It is intended that the character of the district should develop sa that a diversity of uses are enhanced and tied together with various forms of usable public and private open space where there is pedestrian-oriented activity. Sensitive intermingling of structures, street amenities, and major landscape features will be necessary . in order to integrate older development with newer development. An assumption is that development of the district will occur incrementally over time and will benefit from a coordinated effort by the public and private sectors. The MU-R Whiteaker Residential Mixed-Use District is also designed to achieve the following specific purposes:~ a. To encourage continuation of the diversity of residential and non--residential uses that have resulted from historic development patterns by allowing a variety of neighborhood-oriented commercial and institutional uses to locate convenient to potential employees and to residential users of such services , and by allowing the continuatian of existing industrial development when approved through the conditional use process. b. To encourage the conservation, rehabilitation, or restoration of older residential structures for residential and/or commercial use. c. To improve the desirability of the area far high-density residential use above 40 dwellings per acre subject to other development standards in this MU-R ordinance, and to encourage an increase in residential development as the primary land use so as to take advantage of and promote the area's 1 - Ordinance good access to public open spaces, recreational resources, major transportation facilities, commercial services, and employment center . This district is not intended far uses that are : ~a~ vehicle- ariented, such as service stations, warehouses, repair garages, drive-in and drive-through facilities; ~b~ heavy and medium industrial in nature; and ~c~ city-wide or regional in nature, such as hospitals. This does not apply to use of an existing structure, with or without expansion. Noise emissions, especially from adjacent transportation systems and from permitted and conditional use, and other environ- mental qualities should be considered to preserve the livability of the district. Section 2. Permitted Buildin s and Uses. In this MU-R District, the following categories of buildings and uses are permitted as a matter of r fight, subject to the provisions of this MU~-R Ordinance and the Eugene Code, 1971. Permitted use s shall be limited to those categories in this section, and shall be subject to the Development Standards in Section 4 of this MU-R Ordinance. ~a~ Amusement and Recreation Services: 1. Dance and Health Studios and Schools 2. Billiard and Pool Establishments 3. Coin--Operated Amusement Devices ~b~ Business and Miscellaneous Services: 1. Landscape and Horticultural Services ~. U. S, Postal Service 3. Insurance Agents and Brokers 4. Legal Services ~. Real Estate Agents and Brokers G. Interior Designing and Decorating Services 7. Engineering, Architectural, and Survey Services 8. Non-Commercial and Educational Scientific and Research Organizations 9. Accounting, Auditing, and Bookkeeping Services 10. Stock, Security, and Commodity Brokers and Dealers ~c} Dwellin Units: ~. 1. Attached and Detached Single-Family Dwellings and Alley Access Units ~. Duplexes 3. Multiple-Family Dwellings 4. Rooming and Boarding Hawses ~d~ Satin and Drinkin Places: 1. Eating Places, excluding drive-ins 2. Taverns 2 - Ordinance ~e~ Educational Services: 1, Elementary and Secondary Schoals 2, Extensions of Colleges, Universities, Profes sional and Vocational Schools, and Community Colleges 3, Libraries and Information Centers 4, Music Schools 5, Art Schools, except Commercial 6. Ceramics Schools 7. Dramatic Schools ~f~ Food Stores: 1, Grocery Stores ~. Meat and Fish Markets 3. Fruit and vegetable Markets 4. Candy, Nut, and Confectionery Stores 5. Dairy Products Stores 6, Retail Bakeries 7. Delicatessen Stores 8. Specialized Foods Stores ~g~ Health Services: 1. Physicians 2, Dentists 3, Other Health Practitioners ~h~ Lendin Institutions: 1. Banks 2. Savings and Loan Associations 3. Credit Unions ~i~ Membershi Gr anizations: 1. Civic, Social, and Fraternal Organizations Z. Religious Organizations ~Chapels~ ~j~ Miscellaneous Retail: 1. Paint, Glass, and Wallpaper Stores ~. Hardware Stores 3, Nurseries, Lawns, and Garden Supply Stores 4. Apparel and Accessary Stores 5, Drug and Proprietary Stores 6, Used Merchandise Stores 7, Bookstores 8, Stationery Stores 9, Jewelry Stores 1Q, Hobby, Toy, and Game Stores 11. Camera and Photographic Supply Stores 12. Luggage and Leather Goods Stores 13. Florists 14, Cigar Stores and Stands 15. News Dealers and Newsstands 16. Sewing, Needlework, and Piece Goods Stores 1T, Art Dealers 18. Architects' and Artists' Supply and Material Stores 3 -Ordinance 19. Sporting Goods Stores 20. Bicycle Shops 21. Gift Shops 22. Floor Covering Stores 23. Drapery, Curtain, and Upholstery Stores 24. Music Stores 25. Chirstmas Tree Sales toutdoor sales} from the day after Thanksgiving to January 1 26. Fireworks Sales outdoor salesy from June 24 to July 6 ~k} Museums Art Galleries, Botanical and Zoolo ical Gardens ~1} Personal Services: 1. Coin-operated Laundries and Dry Cleaning 2. Beauty Shops 3. Barber Shops 4. Shoe Repair Stores, Shoeshine Parlors, and Hat Cleaning Shops gym} Printin and Publishin : 1. Newspapers 2. Periodicals 3. Books 4. Miscellaneous fin} Social Services: 1. Child and Day Care Services 2. Residential Group} Care 3. Nursery Schools ~o} Home occ u ations subject to applicable standards in Chapter 9 of the Eugene Cade, 1971. gyp} Accessor Buildin s and Uses normal and incidental to the uses permitted in this MU-R ordinance. ~q} Lawful Buildin s and Uses existing as of october 11, 1982, except for existing non-conforming uses, are exempt from Non-Conforming Use provisions of Chapter 9 of the Eugene Code , 19 71, Section 3. Buildin s and Uses Permitted Conditionall . In this MU~R District, the Hearings official may grant a conditional use permit for the following buildings and uses in accordance with the procedures set forth in Chapter 9 of the Eugene Code, 1971. Conditional uses shall be limited to those categories in this section, and, except for those uses specified in subsection ~d} of this section, shall be subject to the minimum requirements in Section 4~1~ of this Ordinance. ~a} New industrial or commercial use in lawful industrial structures existing as of october 11, 1982, 4 -- ordinance except far existing non-conforming use. Permitted uses shall be those permitted in the I-1 and I-2 districts. fib} New commercial uses in lawful commercial structures existing as of October 11, 1982. Permitted uses shall be those f ound in Section 2 of this MU-R Ordinance. ~c} Uses determined to be similar to those permitted outright, which shall not have any different or more detrimental effect on neighboring properties. td} New development and redevelopment for commercial use, when the development parcel is adjacent to an unusual site situation such as a railroad or major transportation corridor. Section 4. Develo went Standards. In this MU-R District, the general provisions set forth in Chapter 9 of the Eugene Code, 1971 General Provisions: Height, Yard, Area and Coverage Regulations, Conditions and Exceptions} shall apply except tha t the special provisions provided below shall apply. For the purposes of this MU--R Ordinance, the term mixed-use shall appl y to any combination of commercial and/or institutional uses in conjunction with residential use. ~1} Minimum Re uirements. The Minimum Requirements as stated in the matrix attached to this Ordinance as Exhibit A shall apply to all permitted and conditional uses. If other sections of this MU -R Ordinance are more restrictive, then they shall apply. ~2} Residential Standards. All residential development shall be governed by the general provisions as applied to the R-4 High-Rise Mul t iple-Family Residential District, Eugene Code, 1971, except as otherwise provided in this section ~4} of this MU-R Ordinance. ~ 3 } Industrial Standards. All industrial development shall be governed by the general provisions as adopted for the M-2 Industrial District, Eugene Code, 1971, except as otherwise provided in this section ~4} of this ICU-R Ordinance . ~4} Non-Residential and Mixed-Use Standards. All non-residential and mixed-use development shall be governed by the general provisions as applied to the C-1 Neighborhood Commercial District, Eugene Code, 1971, except as otherwise indicated in this section ~4~ of this MU-R Ordinance. ~5} Densit Standard. There shall be no limit on the number of dwelling units per acre . 5 -Ordinance ~6y Hei ht. Height limitations for main buildings in residential , commercial and industrial use shall be a maximum of 64 feet for main buildings and 15 feet for accessory buildings. Height limitations established in Chapter 9 of the Eugene Code, 1971, General Provisions, Building Height Exceptions} to protect the view to and from Skinner Butte, shall apply to those areas indicated therein. ~ 7 ~ Street Trees, Any street tree removed in the public right-of-way pursuant to Section 4.790 of the Eugene Code, 1971 ~ Cutting or Removing Plants on Public Property} , that is abutting this MU--R District, shall be replaced by an approved shade tree having a minimum caliper size of 2-1/2" to 3". ~8} Parkin Off-street parking shall be provided in accordance with off-street parking requirements in the Eugene Code, 1971, except that the minimum parking required for dwelling units, other than quads and quints, shall be one space per dwelling unit. ~9~ Yards, No lots or development sites in the MU-R District shall have interior or front yard requirements except; ~a~ To maintain vision clearance where streets and alleys intersect with other streets ar alleys. Eby When interior property lines of this NiU--R District are common with property zoned or developed industrially, then interior yards of not less than ten feet shall be required. Where the interior side yard adjacent to a building is less than five feet, and where a setback is less than five feet to the shared property line, then applicable provisions pertaining to residential interior yards in Chapter 9 of the Eugene Code, 1971, shall apply. X10} a en S ace. For new residential and mixed-use development, total usable open space shall equal: ~a3 10 percent of the gross floor area for exclusively residential use; and fib} The sum of t X10 percent of the residential use ~5 area} for mixed uses. cations in Chapter shall apply. he requirements for residential gross floor area} and non- percent of the gross floor Outdoor Living Area specif i- 9 of the E ugene Code, 1971, 6 - Ordinance When open space requirements cannot be met when the above uses or combination of uses are proposed to be established within existing structures, the Building Official may accept a suitable proposal allowing a reduction in the open space required if it can be demonstrated, in terms of Outdoor Living Area specifi- cations in Chapter 9 of the Eugene Code, 1971, that redevelopment provides an equal degree of amenity for the occupants. filly Lot Area. Each lot or development site shall have a minimum area of 4,5aa square feet, except a duplex division lot or cottage unit lot created in accordance with the Platting and Mapping Standards in Chapter 9 of the Eugene Code, 1971. Section 5. That Ordinance No, 19430, passed by the Council and approved by the Mayor an Qctober 11, 1982 is hereby repealed. Section 6. That the matters contained herein concern the public welfare and in order to insure the orderly implementation of the provisions hereof an emergency is hereby declared to exist, and this Ordinance shall become effective imemdiately upon its passage by the City Council and approval by the Mayor. 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