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HomeMy WebLinkAboutOrdinance No. 19244ORDINANCE N0. I924 4 AN ORDINANCE CONCERNING THE MIxED USE AND SPECIAL DEVELOPMENT ZONING DISTRICTS; AMENDING SECTIONS 9.476, 9.478, 9.480, 9.482, 9.454, 9.485, 9.456, AND 9.487 OF THE EUGENE CODE, 197I; AND DECLARING AN EMERGENCY. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Sections 9.476, 9.478, 9.450, 9.452, 9.454, 9.485, 9.486 and 9.4$7 of the Eugene Code, T971, are hereby amended to read and rovide: P r ~ MU MIxED-USE DISTRICT 9.476 DESCRIPTION AND PURPOSE, Due to historical development patterns certain areas of the city are characterized by a mixture of use s such as residential and commercial uses or residential and industrial uses which are normally segregated under standard zoning districts. In some instances, provision fora continuation of a mixture of uses will serve both the public interest and allow a more equitable balancing of private inter- ests than would the utilization of a standard zoning district. Because of the variety of circumstances which would exist in different areas of the city and the different treatment accorded those areas in the Metropolitan Area General P1 an, i t i s not possi b1 e to establish a zoning district with a uniform listing of uses and standards that are applicable to all those areas. Therefore, the MU Mixed Use District provides procedures and criteria for recognition of those areas and for the development of standards governing each application of the district to a particular area. It is intended that the MU Mixed~-Use District be very selectively used, 9.475 CRITERIA FOR ESTABLISHMENT OF THE MU MIXED-USE DISTRICT. Before an area is rezoned to an MU Mixed-Use District, the approving authority shat 1 make affirmative findings that; ~a} The area to be classified as an MU Mixed-Use District includes the equivalent of at least one standard city block (e.g., 320' x 32a'}. fib} A special study of the area has been completed showing how the proposed MU Mixed-Use District uses will be compatible with one another, will provide a functional and healthful envir- onment, and will be integrated with the surrounding area. ~c} At least 50 percent of the lots or parcels to be classified as an MU Mixed-Use District are already developed with structures. ~d} The existing development has occurred over a period of years and is characterized by a mixture of uses. fie} The uses and development standards of conventional residential, commercial, or industrial zoning districts are ~9zyy not capable of or suitable for promoting the internal compati- bility and integration with the surrounding area prescribed by area special study . ~f} The uses to be permitted and the development standards to be applied in the district will be consistent with the criteria required far approval of a conventional zone change. 9.48D MU MIXED-USE DISTRICT ELEMENTS. Because the MU Mixed~Use District is designed to be applied to diverse situations, the specific mixture of uses permitted and the development standards required will have to be specified for each application of the district to a particular area. Therefore, the ordinance applying the MU Mixed-Use District to a specific area shall contain the following elements: ~a} A Description and Purpose Section setting forth the specific purposes the district is intended to accomplish in the particular situation. fib} A Use Section setting forth the activities or catego v- ies of activities to be permitted, or the performance standards to be used i n evaluating speci f i c activities. This section shall govern the uses permitted within a particular mixed-use district. ~c} A Standards Section setting forth special develo p- ment standards governing parking, coverage, setbacks, height limitations and other factors which are either different than or supplemental to the normal standards of the code. 9.482 EXEMPTIaN. When an area has been classified as a MU Mixed-~Use District, the general development standards set forth in this code shall govern, but to the extent the special development standards in sectian 9.480 conflict with those general standards, the special standards in section 9.480 shall apply. SD SPECIAL DEi~ELDPMENT DISTRICT 9.484 DESCRIPTIDN AND PURPOSE. Certain areas possess unique and dis- tinctive buildings or natural features that have significance or benefit for the entire community. It is further recognized that these areas require special consideration so that the uses permitted and the development standards imposed are designed to protect and enhance those unique features which make these areas distinctive. The SD Special Develop-~ ment District provides procedures and criteria for the recognition of these areas and for the development of standards governing each application of the district to a particular area, It i s further intended that the SD Special District will be very selectively used and only after extensive demonstration that the area merits special consideration in accordance with the standards provided. 9.485 CRITERIA F4R ESTABLISHMENT DF THE SD SPECIAL DEVELOPMENT /9zyy DISTRICT. Before an area is rezoned to an SD Special Develo p ment District the approving authority shall make affirmative findings that: ~a~ The area possesses unique buildings or natural features that require special consideration to preserve, encourage, or ensure appropriate development or redevelopment. In order to be considered unique, it must be demonstrated that; 1. The area is characterized by substantial buildings i n a state of historical transition and i n which i t wool d be desirable to encourage preservation of unique existing features; or 2. The area is characterized by natural features which have been designated by the city as worthy of special treat~- treatment or preservation. (b~ A special study of the area has been completed showing haw the.Special Development District's uses and development stan~ lards will ensure preservation of unique and distinctive features of benefit to the entire community as well as how uses will be integrated with the surrounding area. ~c~ The uses and development standards of conventional resi-~ denti al , commercial , or industrial zoning districts are not capabl e of or suitable for promoting the appropriate types of development and preservation prescribed by the area special study. ~d~ The area to be classified SD Special Development District includes the equivalent of at least one standard city block ~e.g., 320` x 320'} or the equivalent of at least one block length ~e.g., 32a'}. An exception may be made to allow a pilot project or lesser area provided: I. The approving authority finds that the surrounding area would also be sui tabl e for the kind of special district being proposed, and 2. The size of that surrounding area which would al sa be suitable for the special district is the equivalent in area to at 1 east a city bl vck. ~e~ The uses to be permitted and the development standards to be applied in the proposed district will be consistent with the criteria required for approval of a conventional zone change. 9.48b SPECIAL DISTRICT ELEMENTS. Due to the unique characteristics which are to be identified under section 9.485, it will be necessary to identify permissible uses and appropriate development standards designed to protect or enhance appropriate development or redevelopment in each particular application of this district. Therefore, the ordinance establishing an SD Special Development District shall contain the following additional elements: ~a~ A Description and Purpose Section setting forth the specific purposes the district is intended to accomplish in the particular situation; fib} A Use Section setting forth the activities, categories of activities, or the performance standards to be used in eval- uating specific activities which shall govern the uses permitted within a specific special district; ~c~ A Standards Section setting forth special development ~9zyy standards governing parking, coverage, setbacks, height limita~ tions and other factors as appropriate within a specific special district; ~d} A Public Facilities Section setting forth special stan- dards for. public improvements to ensure conformance of these improvements with the purpose of the district and the general development standards; and fie} A Peview Sectian setting forth the type of review process that will be followed in evaluating development within each special district ~e.g., Planned Unit Development, Conditional Use Permit, Site Review, etc.}. 9,487 EXEMPTION. then an area has been classified as an SD Special Development District, the general development standards set forth in this code shall govern, but to the extent the special development stan- dards in section 9.486 conflict with those general standards, the special standards in section 9.486 shall apply. Section 2. That the matters contained herein concern the public wel-- fare and safety ,and therefore, an emergency is hereby declared to exist, and this Ordinance shall become effective immediately upon its passage by the City Council and approval by the Mayor. Passed by the City Council this 3rd day of April, X9$4 ~.5~ City ecorder Approved by the Mayor this 2Srd da of April, X984 Mayor ~~