HomeMy WebLinkAboutOrdinance No. 19470ORDINANCE N0. ~~~~
AN ORDINANCE ESTABLISHING A RIVERFRONT PARK SPECIAL
DEVELOPMENT DISTRICT.
The City Counci 1 of the City of Eugene finds that;
A. Under the provisions of Sections 9.484 to 9.487 of the Eu ene Code
1971, the Council has the authorit g ~ '
y to estab1~sh special development zoning
districts far areas that possess unique and distinctive buildin s or natural
features that have si nifica ~ g.
g nce or benefit for the entire cammun~ty.
B. The proposed Riverfront Park Special Development District meets the
criteria of Sections 9.484 to 9.487 of the Eugene Code, 1971 for such des? -
nation. g
C. Comments and recommendations by the Riverfront Park Commission
affected neighborhood organizations, and the public to the revisions to be
~ncor orated in the Riverfr p
p ont Park Special Development District ordinance
have been considered by the Planning Commission at several work sessions and
a public hearing was het d thereon, with additional testi many submitted there-
after.
D. The proposed Riverfront Park Special Development District is con-
si scent with the R7 verf rout Park Study, the Eugene~-Spri ngf i el d Metro of i tan
Area General Plan, and other ado ted C' ~ p
p qty plans and pol~c~es, and the Plan-
ning Commission has recommended its adoption by the Council.
NOW, THEREFORE,
THE CITY DF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Based upon the above findings, which are hereb ado ted
and the testimon and written sub ' y P '
. Y missions at the public hearings before the
P1ann~ng Camm~ssion and Council, a Riverfront Park S ecial Develo meat Dis-
trict is hereb estab ' p p
y 1 ~ shed as hereinafter set forth.
_ ~ Descri t p
Secti an 2. ~, „ion and,,,.,Pur,~ose . The Riverfront Park 5 eci al Devel --
opment D~~strict ~Riverfro~~nt SD District} is intended fora licat" -
erty i nc1 uded within t ~ Pp ~ on tv prop
he boundaries of the Riverfront Study, an area generally
located between the Willamette River and Franklin Boulevard. In accordance
with the Riverfront Park Study, this district i s intended fora 1 i cati on to
property owned b the Ore on 5t ~ pp
. y, g ate System of Higher Education within the
designated area; 7t may be applied to other properties within the area at th
e
property owner's request.
The f undamenta1 purpose of the Riverfront 5D District i s to rovi de for
activities and uses which cam leme ~ P
p nt the research and educational functions
of the Qregon State System of Higher Education in general and the Universit
of Oregon i n parti cut ar. It i s ex ressl y
p y intended that industrial, commer-
c~al, and general or professional office uses which have no correlation with
Ordinance - 1
those research or educational functions and which could be located within
other zoning districts in the city not constitute the rimar form of develo -
p Y p
meet within the Riverfrant SD District.
within the context of this fundamental purpose, the objectives of the
Ri verfront SD District may be more specifically described as follows:
2.~ To carry out the policies of the Riverfront Park Study and
other applicable plans.
2.~ To encourage a range of primary uses that complement the
research and educational activities of the Oregon State System of Higher
Education in general and the University of Oregon in particular.
. Z.3 To provide far supporting manufacturing and accessory uses
~nc7dental to the primary uses permitted. .
2.4 To recognize the natural amenities of the site, balancing
the opportunity for development to use thane amenities with the public's
interest ~n proper protection and, where appropriate, use of them.
~.5 To provide a regulatory context that allows development of a
successful research and development park of benefit to both the Univer-
sity of Oregon and the metropolitan area.
~.6 To provide a review process that encourages a design charac-
terized by diversity of building mass and other features which foster a
sense of interest in and excitement about the development and which com-
plement the Willamette River and the Millrace.
Section 3. Permitted Uses. The following uses shall be ermined with-
i n the Ri verf rout SD Di str' p
pct:
3.1 Primary Uses. The following activities and uses are consid-
ered to be the primary types tv be encouraged within this district;
a. Programs and activities carried out by institutions of
the Oregon State System of Higher Education.
b. Laboratories, offices, and other non-manufacturing facili-
ties for basic or applied research and development that complement
the research and educational activities of the Oregon State System
of Higher Education in general or the University of Oregon in
particular.
c, Conference facilities and meeting rooms.
3.Z Manufacturing Us„es. Prototype and product manufacturing or
production is permuted, provided:
a. The manufacturing i s directly related to a pri mary use
located within the district.
Ordinance ~ Z
b. The area devoted to manufacturing does not exceed 44
percent of the gross floor area devoted or applied to the primary
use to which the manufacturing is related. BAs used in the River-
front SD .District, the term "gross floor area" has the meaning
given in Section 9.OI5 of the Eugene Code, 191.}
3.3 Accessory and Su ortin Uses. Accessory and supporting uses
are permitted, provided that the gross floor area devoted to accessory
and supporting functions does not exceed 25 percent of the gross fluor
area within a development site. BAs used in this and subsequent sec-
tions of the Riverfront Park SD District, the term "development site"
means the total land area under common control, such as the total area
subject to a land lease.} Examples of accessory and supporting uses
include: retail sales of gaols and food service such as book stores,
office supplies, delicatessen, and similar activities; service func-
t~ ons such as finance, day care, and simi 1 ar activities; adm~i ni strati ve
and office support functions; accessary manufacturing activities such
as specialized machining; indoor storage and distribution when integral
to a primary use within the district; multiple-family dwellings; and
recreational facilities, Recreational facilities available to the
general public at no cost sha11 not be classified as accessory or
supporting uses when computing the floor area under the 25-percent
lim~tat~on stipulated above.
3.4 Interim Uses, It is anticipated that development within the
Riverfront SD District will occur incrementally. At any time there may
be space available far lease either as a result of construction of new
facilities or relocation of tenants within a development site. Interim
use of vacant space for general or professional office use is only per-
perm~tted, subject to the following 1~mitations:
a. The space to be devoted to interim use must have been
vacant for at least three ~3} months.
b. The gross floor area devoted to interim uses shall not
exceed 4D percent of the grass floor area in a development site
during the first ten X14} years following, issuance of the first
certificate of occupancy and shall not exceed 2O percent of the
gross floor area in the development at any time thereafter.
c. The maximum term of any lease or sublease for interim space
utilization permitted here shall not exceed five ~5} years.
Prior to allowing occupancy of any space within a development site for
interim use, the owner or developer shall obtain a certificate of occu-
pancy for that space and submit the fallowing data to the building
official:
d. Data verifying compliance with subsections 3.4.a and 3.4.b
above.
e. A copy of the lease or sublease agreement which sets forth
the term of that 1 ease or sublease.
Ordinance - 3
Any structure located within the district which is constructed and used
by the Oregon State System of Higher Education shall be excluded in the
computation of grass flour area when calculating the percentage of the
development which may be devoted to interim use.
ecti on 4. Req~~ r,~,,,, _ ,.. ~_
. ~ ed Reporting, In order to ensure that the primary pur-
pose of the R~verfront SD District is preserved, the owner or devela er of
P
property within the district shall submit an annual report to the City
Manager or designee which provides data demonstrating that:
4.1 Primary uses} within a development site complement the
research ar educational activities of the Oregon State System of Higher
Education.
4.2 Accessory and supporting uses do not occupy more than 25 per-
cent of the gross floor area within a development site at any time.
4.3 Product manufacturing carried out in conjunction with a pri-
mary use does not exceed the 40-percent limitation of 3.2.b above.
4.4 Interim uses do nut occupy mare than the specified percentage
of the grass floor area within a development site at any time.
In the event there is more than one owner or developer involved in
development within the Riverfront Park SD District, the provisions concernin
9
manufacturing, accessory and support uses, and interim uses apply to each
discrete development site. Each owner or developer shall submit the required
annual report verifying compliance with the provisions of this district.
Failure to submit the annual report required under this section or
failure to adhere to the specifications of Sections 2, 3 and 4 above shall
constitute a violation subject to the enforcement provisions of Section 9.974
et seq. of the Eugene Code, 1971. Such failure shall also constitute grounds
for withholding further building permits and/or certificates of occupancy
within a development site until the violation has been remedied.
Section 5. Develo meat Standards. In order to allow an overall develop-
ment that i s consistent with the purpose and i ntent of the Ri verfront SD Di s-
trict as well as its unique location adjacent to the Willamette River and
Millrace, the following development standards shall prevail. In the event
the development standards provided here conflict with the general standards
of Chapter 9 of the Eugene Code, 1971, the standards provided here supersede
any conflicting provisions.
5.1 Parkin Re uirements. The parking requirements for new con-
struction provided here attempt to balance encouragement of use of
alternative travel modes with the need far automobile storage; more
parking than the minimums specified here may need to be provided.. Park-
ing and off-street loading areas shall be designed, laid out, and con-
structed in accordance with the parking area design, improvements, buf-
fering, and dimensions as specified in Chapter 9 of the Eugene Code,
1971. Required parking shall be determined for each separate occupancy
within a building or on a development site, For example, in a combined
Ordinance - 4
industrial and office business, parking shall be required for the indus-
trial use at a ratio of one space per 500 square feet and the office
portion at one space per 400 square feet.
Required parking shall be located within 400 feet of structures to
be served unless a greater separation is specifically approved throw h
the master develo me g
p nt plan approval process. For that portion of the
special district located between the Willamette River and the railroad
tracks, up to 50 percent of the required parking may be provided north
of the Willamette River if approved through the master site plan ap roval
p
process as outlined in the Section l of this ordinance.
. Required parking may be provided through joint use of parking
fac~l~t~es, subject to the requirements of Section 9.590 of the Eu ene
Code, g
Required parking shall be provided at the following ratios, rounded
up to the nearest whole number:
a. Industrial uses - one for each 500 square feet of grass
floor area.
b. Retail uses - one for each 300 square feet of gross floor
area.
c. Office uses - one far each 400 square feet of gross floor
area.
d. University uses - one far each 400 square feet of gross
floor area.
e. Multiple-family dwel 1 i ngs - one for each dwel 1 i ng unit,
plus one guest parking space for each three units.
Bicycle parking: Bicycle spaces must be provided as follows:
f. Nan-residential uses - the minimum number of spaces must
equal 15 percent of the number of required automobile spaces.
g. Multiple-family dwellings - one space per unit.
h. Locking and cover must be proved for all required s aces.
p
i. Required spaces must be located no farther than two times
the distance between building entrances used by automobile occu-
pants and the automobile parking spaces closest to those entrances.
j. Each required space must be at least six feet long and
two feet wide, with a minimum overhead clearance of six feet.
5.~ Setback Re uirements. Development within the Riverfront SD
District shall comply with the following setbacks:
Ordinance - 5
a. All structures, parking areas, streets, and access drives
shall maintain a minimum setback of 35 feet from the top of the
south bank of the Willamette River. Exhibit "A" to this Ordinance
is a map indicating the location of the top of the south bank, an
enlarged copy of which rnap is on file with the Planning Department.
b. A11 structures, parking areas, streets,
shall maintain a minimum setback of 15 feet from
the bicycle path located for as to be relocated}
top of the river bank. If the setback specified
greater distance than the 35 feet specified unde~
the greater distance shall be maintained.
and access drives
the south side of
adjacent to the
here requires a
r Subsection 5.2.a,
c. Solar access shall be provided to at least 64 percent of
the following designated areas:
1. The south bank of the wi 11 amette River;
2. The bicycle path located for as to be relocated}
adjacent to the top of the river bank;
3. The Autzen Stadium footbridge protection area defined
in Subsection a below; and
4. Active recreation areas defined in the master site
plan.
The solar access required here shall be provided at noon from
February 21st through October 21st of any year. If building set-
backs necessary to ensure this solar access are greater than would
otherwise be required, the greater setback shall be required.
d. The Millrace shall be maintained as an apes channel through
the district with the f of 1 owi ng setbacks;
1. No structure, street, access drive, or parking area
shall be located adjacent to the east Millrace outfall within
the area defined by the bicycle path as it existed on May 11,
1987. This area is indicated on Exhibit A hereto.
2. No structure, street, access drive, or parking area
shall be located within 15 feet of the top of the banks of the
Millrace in all areas within the district except far the area
described under Subsection 5.2.d.1 above where a greater set-
back is required. Except for the east Millrace outfall area
described under Subsection 5.2.d.1 above, street or access
drive crossings which are needed for circulation may be
approved as part of the master development plan.
e. A1] structures and parking areas shall maintain a setback
of 54 feet on bath sides of a straight line between the existing
- pedestrian underpass under the railroad tracks and the Autzen
Stadium footbridge to provide visual linkage between the two struc-
Ordinance - 5
tures. This area is indicated on Exhibit A hereto,
f. Multiple-family dwellings shall have interior yards of not
less than ~Q feet between buildings, without regard as to the loca-
tion of the property line, or no interior yards required if the
buildings abut or have a common wa]1, except where a utility ease-
ment is recorded adjacent to an interior lot line, in which event
there shal1.be an interior yard of no less than the width of the
easement.
g. Except as provided above, all structures other than
multiple--family dwellings shall have no setback requirements.
Public improvements, including pedestrian and bicycle trails, public
plazas, and similar amenities, but excluding roads and parking areas, are
exempt f rvm the setback requirements specified above.
5.3 Re wired Buildin Se oration and Profile offsets. A11 build-
i ngs 1 acated within 75 feet of the top of the south bank of the wi 11 am-~
- ette River shall observe the following profile and separation require-
ments:
a. The maximum building profile as seen from end to end of
the sides} facing the river shall not exceed 2QQ lineal feet in
total horizontal length.
b. Any building elevation parallel to the river shall not
continue along an uninterrupted, continuous plane for mare than
10D feet. For the purpose of this requirement, an uninterrupted,
continuous plane ~s a wall having no variation in exterior .surface
along its length of more than five ~5} feet as measured at a per-
pendicular line from the plane of the wall.
c. Each building shall be separated by at least 50 feet from
an adjoining building, measured parallel to the river.
No building shall have a total horizontal length of more than 300
feet as measured on its longest axis.
5.4. Coverage Requirements. Coverage requirements within the
Ri verf rant SD ~i str ct sha~l~~l ~be as fall ows:
a. For that portion of a development site allocated for
multiple-family residential use, the maximum permitted coverage by
buildings and structures shall be 50 percent.
b. For that portion of a development site allocated for all _
uses other than multiple-family residential, at least 4d percent
of that portion of the site to be developed shall be landscaped
with living plant materials. Natural areas ~e.g., along the Mi11-
race or from the tap of the bank along the Willamette River south}
may be included in the 4Q-percent computation. The amount of open
space required may be reduced to 3D percent if 40 percent of the
ordinance - 7
required parking for the development or phase thereof is provided
either below grade, at grade but under a structure or in a parking
structure.
Public amenities such as p1a~as, pedestrian and bicycle trails, and
similar improvements shall be considered open space when computing cov-
erage,
when computing coverage within the Ri verf ront SD District, struc-
tures owned by the Oregon State System of Higher Education and in exist-
ence as of the effective date of this ordinance shall not be included.
5.5 Hei.ht Limitation. No portion of a structure located within
75 feet of the top of the south bank of the Willamette River shall exceed
45 feet in height above grade gnat to exceed three stories}. There is
no height limitation fora structure or portion thereof outside the area
described above.
5.6. 5. i gns. Signs within the Ri verfront SD District shat l conform
to the provisions of the Pedestrran-Auto Sign District, except for any
area located within 200 feet of the centerline of Franklin Boulevard in
which area the provisions of the Highway-Oriented Sign District shall
apply. No signs facing the river shall be permitted within ?5 feet of
the top of the south bank of the Willamette River, except identity signs
not exceeding 12 square feet in surface area which are not more than
five ~5~ feet above grade if ground-mounted or 10 feet above grade if
wa]1-mounted.
Section 6. Public Faci 1 i ti es . Wi thi n the Ri verfront SD District, the
following standards shall govern installation of improvements which are of
benefit to the public and ensure public access:
6.1 A continuous, two-way Class I} bicycle path shall be provided
through the development along the river and at other locations desig-
nated in the Eugene Bikeways Master Plan.
6.2 Pedestrian scale lighting shall be provided along the bicycle
paths required above.
6.3 Street lights shall be provided along all public streets
within the district. .
6.4 Street trees sha11 be provided along all public streets within
the district.
6.5 Setback sidewalks shall be provided alang all public streets
within the district, unless an alternative pedestrian circulation system
of substantial equivalency is specifically approved as part of the master
site plan approval process.
6.6 Provi si vn shall be made for security, such as 1 i ghti ng, between
any parking areas located outside the boundaries of the district and the
development the parking is intended to serve.
Ordinance - S
6.7 All utilities shall be installed underground unless specifi-
cally exempted through the master development plan approval process.
5ection_?, Review Procedures. The master site plan far developments
proposed w~~thin the Riverfront 5D District shall be reviewed throu h the con--
g
ditiona1 use permit process provided in Chapter 9 of the Eugene Code, 1971.
For the purpose of this review, the following criteria shall be ap lied in
p
lieu of the criteria provided in Sections 9.14 and 9.~6a of the Eu ene Code
1971: g '
7,1 Criteria far Al 1 Devel o ment.
a, The proposed development shall be consistent with the
Metropolitan Area General Plan, Riverfront Park Study, and other
applicable policy documents or functional plans.
b. Based on technical analysis (particularly with respect to
transportation facilities, planned public facilities shall be
shown to accommodate the requirements of the proposed development.
. c. The proposed development shall protect visual access from
may n entry points from Frankl i n Boulevard to the river/riparian
vegetation.
7. ~ Criteria for Devel o meet Within Greenway Baundari es.
a, Criteria 7.1.a, 7.1.b and 7.1.c above.
. b. The height and bulk of the proposed development shall be
designed to consider the impacts on public open space, especially
the buffer strips along the Willamette River and Millrace, and to
adhere to the height limitations specified along the Willamette
River. Building setbacks shall be varied to avoid the effect of
a continuous wall along the minimum setback line and to adhere to
the requirements for protection of designated features (i.e., Mill-
race and pedestrian linkage to the Autzen Stadium footbridge.
c. To the greatest possible degree, the intensification,
change of use, or development will provide the maximum possible
landscaped area, open space, or vegetation between the activity and
the river.
d. To the maximum extent practicable, the proposed develop-
ment shall provide for protection and enhancement of the natural
vegetative fringe along the Willamette River. This means protec-
tion and enhancement of trees and understory characteristic of
native vegetation within the riparian strip along the Willamette
River. It also means removal, and active management to prevent
reintroduction of, disturbance vegetation such as Himalayan bloc k
berries and English ivy. As used here, the riparian strip means
the area between the top of the river bank and the water's edge.
Ordinance - 9
.e. To the greatest possible degree, necessary and adequate
public access wit] be provided to and along the river by appra-
priate legal means.
~s used in this section, the words "greatest possible degree" are
drawn from Statewide Planning Goal 15 ~F.3.b,} and are intended to re-
quire a balancing of factors sa that each of the identified Greenway
criteria is protected to the greatest extent possible without preclud-
ing the requested use. Goal 15 ~C,3.j.} provides that "lands committed
to urban uses within the Greenway shall be permitted to continue as
urban uses."
7.3 Inter retatian. In the event any of the terms used in the
Ri verf rout SD District or the provisions of that district require i nter-
pretation, the building official and planning director shall be jointly
respon si b1 e for such interpretation . --
Passed by the City Council this
11th , Y of May 1987
Ci y Recorder
Approved by the Mayor this
1~ day of 1987
Ma or
Ordinance - 1D