HomeMy WebLinkAboutItem 5: Land Use Code Amendments
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Action: An Ordinance Concerning Land Use Regulations in the Downtown Plan Area
and Notice for Land Use Applications; Amending Sections 9.2171, 9.2173, 9.2175,
9.3405, 9.3410, 9.4085, 9.4290, 9.4530, 9.5500, 9.7210, 9.7220, 9.7315, 9.7335, 9.7415,
9.7440, 9.7445, 9.7520, 9.7545, 9.7560, 9.7615, 9.7635, 9.7665, 9.7685 and 9.8030 of
the Eugene Code, 1971; and Adding Section 9.8007 to that Code
(City Files CA 09-1 and CA 09-2)
Meeting Date: June 8, 2009 Agenda Item Number: 5
Department: Planning and Development Staff Contact: Nan Laurence/Gabe Flock
www.eugene-or.gov Contact Telephone Number: 541/682-5340 or 682-5697
ISSUE STATEMENT
The council will take action on an ordinance that will amend sections of the Eugene Land Use Code
(Chapter 9) to implement code amendments to 1) facilitate desired downtown development, and 2)
provide flexibility in specifying the party responsible for implementing land use application noticing
requirements.
BACKGROUND
The Planning Commission held a public hearing on the proposed code amendments on March 31, 2009.
Testimony was provided by two individuals; the Planning Commission addressed the testimony with
revisions to the proposed ordinance to clarify the intent of the downtown code amendments. On April 13,
2009, the Planning Commission continued deliberations and unanimously recommended approval of the
changes to the land use code.
The City Council held a public hearing on the proposed code amendments on May 18, 2009. No
testimony was received at the public hearing; however, three pieces of written testimony were received
prior to the public hearing. Written testimony from Kevin Matthews, representing Friends of Eugene,
and from Majeska Seese-Green indicated concerns with the amount of public process. They also
questioned the validity of proceeding on an incremental basis rather than through comprehensive code
amendments addressing downtown regulations. The third letter, from Jim Welsh representing the
Eugene Association of Realtors, was in support of the proposed downtown code amendments.
The following summary is provided as background information regarding the proposed code
amendments, including the public process to date and response to public testimony received for the
council public hearing. Additional background material including Planning Commission minutes and
written testimony submitted is available for review in the City Manager’s Office.
Downtown Code Amendments
The Downtown Code Amendment Project is an implementation of the Downtown Plan adopted in 2004.
Eleven public meetings (including public workshops, the Planning Commission, Eugene Redevelopment
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Advisory Committee and City Council meetings) have occurred since the inception of the project in 2004
and prior to the council’s action to initiate the code amendment process in July, 2006. Subsequently, ten
meetings occurred prior to the adoption of downtown code amendments in July 2008. Two Planning
Commission work sessions on the amendments have occurred since then, in addition to the Planning
Commission and City Council public hearings. Notice of the public hearings was sent to all individuals
who had participated in the previous round of code amendments approved by the council last July, as well
as to all neighborhood associations.
The package of downtown code amendments adopted in July 2008, addressed the /TD Transit Oriented
Development overlay zone standards, clarified how floor area ratio is calculated and provided an
allowance for the ground floor residential use in certain zones in the downtown area. At that time, it
was anticipated that the next phase of amendments would be more complex in nature, requiring
additional public workshops, review and analysis, and potentially lead to a new zone specific to
downtown. However, in an effort to keep the project moving forward in a resource efficient manner,
staff is currently implementing those changes that address the direction already received from
community comments and the Planning Commission and approved by the City Council.
The current set of downtown code amendments is intended to provide additional flexibility for
downtown development while still achieving an equivalent or higher quality urban environment. The
proposed amendments would be applicable only within the Downtown Plan area. The amendments
would expand the Adjustment Review process to include regulations that previously could not be
adjusted, provide a new set of comprehensive adjustment review criteria, and change or remove the
applicability of certain regulations that currently apply to downtown development.
Land Use Application Noticing Requirements
Currently, the code requires that the City bear sole responsibility for mailing and posting public
notices. The proposed amendments to land use application noticing requirements would enable the
City to consider shifting that responsibility to applicants, rather than being the City’s sole
responsibility.
The proposed changes are in alignment with Citywide goals to increase cost recovery and reduce
impact on the general fund. It is expected that that this shift in responsibilities would reduce general
fund subsidy of public notice and mailing costs related to land use applications, increase administrative
efficiency and reduce associated staff time currently devoted to these tasks. The proposed code
amendments would not result in any formal change of noticing responsibilities or public outreach.
Rather, the changes would simply enable the City to consider implementing this concept among many
other budgeting strategies to address anticipated budget challenges going into the next fiscal year.
If the City elects to implement procedural changes to noticing requirements at a future date, the
process would involve ample opportunity for public input as part of outreach efforts and the formal
public process for development of new administrative rules.
RELATED CITY POLICIES
Findings addressing consistency with related City policies, including provisions of the Metro Plan and
Downtown Plan, are included as an exhibit to the draft ordinance (Exhibit A of Attachment A).
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COUNCIL OPTIONS
The City Council may consider the following options:
1. Approve the draft ordinance.
2. Approve the draft ordinance with specific modifications as determined by the City Council.
3. Deny the draft ordinance.
CITY MANAGER’S RECOMMENDATION
The City Manager recommends the City Council adopt the draft ordinance (Attachment A).
SUGGESTED MOTION
Move to adopt an ordinance concerning land use regulations in the Downtown Plan Area and Notice
for Land Use Applications; amending sections 9.2171, 9.2173, 9.2175, 9.3405, 9.3410, 9.4085, 9.4290,
9.4530, 9.5500, 9.7210, 9.7220, 9.7315, 9.7335, 9.7415, 9.7440, 9.7445, 9.7520, 9.7545, 9.7560,
9.7615, 9.7635, 9.7665, 9.7685 and 9.8030 of the Eugene Code, 1971; and adding Section 9.8007 to
that Code (City Files CA 09-1 and CA 09-2).
ATTACHMENTS
A.Draft Ordinance and Findings
FOR MORE INFORMATION
Downtown Code Amendments:
Staff Contact: Nan Laurence
Telephone: 541/682-5340
Staff E-Mail: nan.laurence@ci.eugene.or.us
:
Land Use Application Noticing Requirements
Staff Contact: Gabe Flock
Telephone: 541/682-5697
Staff E-Mail: gabriel.flock@ci.eugene.or.us
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ATTACHMENT A
ORDINANCE NO. ________
AN ORDINANCE CONCERNING LAND USE REGULATIONS IN THE
DOWNTOWN PLAN AREA AND NOTICE FOR LAND USE APPLICATIONS;
AMENDING SECTIONS 9.2171, 9.2173, 9.2175, 9.3405, 9.3410, 9.4085,
9.4290, 9.4530, 9.5500, 9.7210, 9.7220, 9.7315, 9.7335, 9.7415, 9.7440, 9.7445,
9.7520, 9.7545, 9.7560, 9.7615, 9.7635, 9.7665, 9.7685 AND 9.8030 OF THE
EUGENE CODE, 1971; AND ADDING SECTION 9.8007 TO THAT CODE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
Subsections (6), (7), (8), (9), (11), (13), (15) and (16) of Section 9.2171 of
the Eugene Code, 1971, are amended to provide as follows:
9.2171 Special Commercial Zone Development Standards for Table 9.2170.
(1)
Exceptions to the general height restrictions for commercial structures stated
in Table 9.2170 Commercial Zone Development Standards are contained in:
(a) EC 9.6715 Height Limitation Areas.
(b) EC 9.6720 Height Exemptions for Roof Structures and Architectural
Features.
(2)
Subject to the limitations in subsection (1) of this section, in the C-2, C-3, or C-
4 zones, no portion of a building located within 50 feet of a residential zone
shall exceed the maximum building height permitted in the abutting residential
zone.
(3)
Subject to the limitations in subsection (1) of this section, the maximum
permitted building height for main or accessory buildings in the GO zone shall
not exceed 35 feet in height within 50 feet of an abutting AG, R-1, or R-2
zone. Otherwise, main and accessory building height maximums shall not
exceed 50 feet.
(4)
Exceptions to the general minimum front and interior yard setback
requirements stated in Table 9.2170 Commercial Zone Development
Standards are contained in:
(a) EC 9.6745 Setbacks - Intrusions Permitted.
(b) EC 9.6750 Special Setback Standards.
(5)
The maximum front yard setbacks stated in Table 9.2170 Commercial Zone
Development 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 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 are subject to the
(See Figure 9.2171(5) Maximum Front
requirements of this subsection.
Yard Setbacks, Building Orientation, and Entrances.)
(a) In C-1, at least 80% of all street facing facades of the building must be
within the specified maximum front yard setback.
Ordinance - Page 1 of 13
(b) 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).
(c) In GO, at least 60% of all street facing facades of the building must be
within the specified maximum front yard setback.
(d) Vehicular parking and circulation is not permitted in between the street
and the portion of the building that is used to comply with this
subsection.
(e) 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.
(f) The land between the portion of a building complying with EC
9.2171(5)(a) or (b) 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
(See Figure 9.2171(5)(e) Landscaped or Paved
from this subsection.
Pedestrian Area with Pedestrian Amenities.)
(g) 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 9.2171(5)(e) Landscaped or Paved Pedestrian Area
with Pedestrian Amenities.)
(6)
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).
(7)
Minimum interior yard setbacks for large commercial facilities on a lot adjacent
to or facing a residential zone shall be 30 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).
(8)
In addition to the minimum landscape area requirements of Table 9.2170
Commercial Zone Development Standards, 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-
3, a minimum of 10 percent of the development site shall be landscaped
with living plant materials. 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
Ordinance - Page 2 of 13
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 Front Yard Setbacks. If a front yard setback contains a
landscape planting bed, the planting bed shall be a minimum of 7 feet in
width and shall comply, at a minimum, with EC 9.6210(1) Basic
Lanscape Standard (L-1).
d
(d) 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).
(e) Street Trees. Street tree requirements are specified in EC 7.280 Street
Tree Program - Policies, Standards, Procedure.
(f) Within the Downtown Plan Area as shown on Map 9.2161(6)
Downtown Plan Map, adjustments to subsections (8)(a), (8)(b) and
(8)(c) may be made based on the criteria in EC 9.8030(16).
(9) Fences.
(a) Types. The type of fence, wall or screen used in any situation is limited
only by specific requirements stated in landscape standards beginning
at EC 9.6200 Purpose of Landscape Standards.
(b) Locations and Heights.
1. Fences up to 42 inches in height are permitted within the minimum
or maximum front yard setback whichever is greater.
2. Fences up to 8 feet high are allowed in interior yard setbacks.
3. The height of fences that are not in required setback areas is the
same as the regular height limits of the zone.
4. Fences must meet standards in EC 9.6780 Vision Clearance
(See Figure 9.2171(9) Fencing Standards in Commercial
Area.
Zones and Figure 9.0500 Vision Clearance Area.)
.
(c) AdjustmentsWithin the Downtown Plan Area as shown on Map
9.2161(6) Downtown Plan Map, adjustments to subsections (9)(a)
and (9)(b) may be made based on the criteria in EC 9.8030(16).
(10) Outdoor Storage Areas.
Except for plant nurseries, outdoor storage is not
permitted in any commercial zone. All merchandise to be stored must be
enclosed entirely within buildings or structures.
(11) Outdoor Merchandise Display.
(a) Except for plants and garden supply products, outdoor merchandise
display is not allowed in C-1 and GO zones.
(b) In the C-2 and C-4 zones, outdoor display of the uses listed in
subsection 1. of this subsection, is permitted when in conformance with
the standards listed in subsection 2. of this subsection.
1. Plants and garden supply products; motor vehicle sales, service,
and repair; new and used boat sales; large equipment sales and
rentals; service station pump islands; vending machines;
manufactured home sales; children’s outdoor play equipment; and
hot tubs.
2. Outdoor merchandise display is not permitted in required setback
areas. Except for plant and garden supply displays, outdoor
display areas shall be set back a minimum of 7 feet from the front
lot lines with required setbacks landscaped to at least the EC
9.6210(1) Basic Landscape Standard (L-1).
Ordinance - Page 3 of 13
(c) In the C-3 zone, outdoor merchandise display is permitted if all
products are placed in an enclosure after business hours.
(d) Except for the Downtown Plan Area as shown on Map 9.2161(6)
Downtown Plan Map, a[A]djustments to subsection (b)2. of this section
may be made based on criteria in EC 9.8030(2)(d). Within the
Downtown Plan Area, adjustments to subsection (11)(b)2. may be
made based on the criteria in EC 9.8030(16).
(12) Garbage Screening.
All outdoor garbage collection areas shall be screened
on all sides within a solid perimeter enclosure that meets the following
standards:
(a) Materials within enclosures shall not be visible from streets and adjacent
properties.
(b) Required screening shall comply with EC 9.6210(6) Full Screen Fence
Landscape Standard (L-6).
(c) Garbage collection areas shall not be located within required setbacks.
Trash or recycling receptacles for pedestrians are exempt from these
requirements.
(13) Underground Utilities.
All utilities on the development site shall be placed
underground [unless adjusted pursuant to EC 9.8030(5)]. Except for the
Downtown Plan Area as shown on Map 9.2161(6) Downtown Plan Map,
adjustments to this section may be made based on criteria in EC
9.8030(5). Within the Downtown Plan Area, adjustments to this section
may be made based on criteria in EC 9.8030(16). Refer also to EC 9.6775.
(14) Delivery and Loading Facilities.
(a) Delivery and loading facilities are not permitted in required setback
areas.
(b) On lots abutting parcels with a residential zone, delivery and loading
facilities shall be set back a minimum of 10 feet from property lines with
required interior yard setbacks landscaped to at least the standards in
EC 9.6210(4) High Wall Landscape Standard (L-4).
(15) Drive-Through Facilities.
(a) Application. The regulations in (b) through (e) of this subsection apply
to the establishment of new drive through facilities, the addition of travel
lanes for existing drive-through facilities in existing developments, and
the relocation of an existing drive-through facility.
(b) Drive-Through Facilities in C-1 Zone. Drive-through facilities are not
permitted in C-1 zones.
(c) Service Areas Setback and Landscaping. Service areas and stacking
lanes shall be set back a minimum of 10 feet from all lot lines. Setback
areas abutting a street shall be landscaped to at least the standards in
EC 9.6210(1) Basic Landscape Standard (L-1). Interior yard setback
areas must be landscaped to at least the standards in EC 9.6210(3)
High Screen Landscape Standard (L-3).
(d) Driveway Entrances. All driveway entrances, including stacking lane
entrances, must be at least 100 feet from an intersection, as measured
along the property line from the tangent point of a corner radius and the
closest edge of a driveway.
(e) Stacking Lanes. Design of stacking lanes shall conform with the
requirements of EC 9.6415 Loading and Drive-Through Design
Standards.
(f) Adjustments. Except for lots adjacent to land zoned residentially:
1. Outside of the Downtown Plan Area as shown on Map
Ordinance - Page 4 of 13
9.2161(6) Downtown Plan Map, adjustments to subsection (c)
Service Areas Setback and Landscaping may be made based on
criteria at EC 9.8030(2) Setback Standards Adjustment.
2. Within the Downtown Plan Area adjustments to subsection
(c) Service Areas Setback and Landscaping and subsection
(e) Stacking Lanes may be made based on the criteria at EC
9.8030(16).
(16) Adjustments.
Except for the Downtown Plan Area as shown on
Map 9.2161(6) Downtown Plan Map, a[A]djustments to the minimum
and maximum front yard setbacks in this section 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 section may be made, based on the
criteria at EC 9.8030(16).
Section 2.
Subsection (11) of Section 9.2173 of the Eugene Code, 1971, is amended to
provide as follows:
9.2173 Commercial Zone Development Standards - Large Commercial Facilities.
(11) Adjustments.
Except for the Downtown Plan Area, a[A]djustments to the
standards in this section may be made, based on criteria at EC 9.8030(6)
Large Commercial Facilities Standards Adjustment. Within the Downtown
Plan Area as shown on Map 9.2161(6) Downtown Plan Map, adjustments
to the standards in this section may be made based on the criteria at EC
9.8030(16).
Section 3.
Subsection (2) of Section 9.2175 of the Eugene Code, 1971, is amended to
provide as follows:
9.2175 Commercial Zone Development Standards - Large Multi-Tenant Commercial
Facilities.
(2) Application of Standards.
(a) In addition to the standards in EC 9.2170 Commercial Zone
Development Standards - General, and the standards in EC 9.2173
Commercial Zone Development Standards - Large Commercial
Facilities the standards in this section apply to all development projects
proposing at least 50,000 square feet of floor area within 3 or more new
buildings on a development site, and the portion of the development site
specifically affected by the new buildings.
(b) Notwithstanding subsection (2)(a) above, the standards in this
section do not apply to development projects within the Downtown
Plan Area as shown on Map 9.2161(6) Downtown Plan Map.
Section 4.
Section 9.3405 of the Eugene Code, 1971, is amended to provide as follows:
9.3405 S-F Fifth Avenue Special Area Zone Land Uses.
(1)
[ Uses that are vehicle-oriented are prohibited as new development or
Ordinance - Page 5 of 13
redevelopment (for example, service stations, warehouses, repair garages,
and drive-in-facilities). Within this broad framework, individual proposals shall
be evaluated on the basis of consistency with the expressed purpose of this
zone.
(2)
A conditional use permit shall be required for all new development or
redevelopment in the S-F area, in accordance with the procedures beginning
at EC 9.8075 Purpose of Conditional Use Permits.]
The land use and permit requirements and special use limitations applicable
in the S-F zone shall be those set out at EC 9.2160 and EC 9.2161 for uses in
the C-2 zone.
Section 5.
Section 9.3410 of the Eugene Code, 1971, is amended to provide as follows:
9.3410 S-F Fifth Avenue Special Area Zone Development and Lot Standards.
In the S-
F zone the general standards set forth in this land use code governing development
in the C-2 zone shall apply. [except:
(1)
On-site parking is not required where existing buildings are used.
(2)
All new development shall provide parking to accommodate parking generated
by the development.]
Section 6.
Subsection (1)(b) of Section 9.4085 of the Eugene Code, 1971, is amended
to provide as follows:
9.4085 /BW Broadway Overlay Zone Development Standards.
(b) Adjustment. The development standards in EC 9.4085(2) through (9)
may be adjusted in accordance with the criteria for adjustment of
standards within the Downtown Plan Area at EC 9.8030(16).
Section 7.
Subsection (4) 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:
(4) Adjustments.
Except for the Downtown Plan Area as shown on Map
9.2161(6) Downtown Plan Map, a[A]n adjustment to any of the standards in
this section may be made for /ND parcels with no alley access or with physical
or legal constraints pursuant to the criteria beginning at EC 9.8015 of this land
use code. Adjustments to this section may be made for any parcel within
the Downtown Plan Area based on the criteria at EC 9.8030(16).
Section 8.
Subsection (7) of Section 9.4530 of the Eugene Code, 1971, is amended to
provide as follows:
9.4530 /TD Transit Oriented Development Overlay Zone Development Standards.
(7) Adjustments.
Except for the Downtown Plan Area as shown on Map
9.2161(6) Downtown Plan Map, a[A]n adjustment to any of the standards in
this section may be made pursuant to the criteria beginning at EC 9.8015 of
Ordinance - Page 6 of 13
this land use code. Within the Downtown Plan Area, adjustments to any
of the standards in this section may be made based on the criteria at EC
9.8030(16).
Section 9.
Subsection (2) of Section 9.5500 of the Eugene Code, 1971, is amended to
provide as follows:
9.5500 Multiple-Family Standards.
(2) Applicability of Multiple-Family Standards.
(a) Except for building alterations and building additions that increase the
square footage of liveable floor area by less than 50%, multiple-family
standards shall apply to all multiple family developments in all zones
except commercial. In cases where the standards apply, they shall be
considered applicable for the portion of the development site impacted
by the proposed development.
(b) Multiple family standards shall also apply to multiple family
developments in commercial zones unless the entire ground floor, with
the exception of areas for lobbies, stairs, elevators and bicycle storage
for residents, is in non-residential use. Additional ground floor use
standards in Table 9.2161 Commercial Uses Requirements in Mixed-
Use Residential Developments also apply.
(c) Notwithstanding subsections (a) and (b) above, multiple-family
standards do not apply to multiple family developments in
commercial zones within the Downtown Plan Area as shown on Map
9.2161(6) Downtown Plan Map.
Section 10.
Section 9.7210 of the Eugene Code, 1971, is amended by adding
subsection (5) to provide as follows:
9.7210 Notice of Application.
(5) Responsibility and procedures for mailing and posting the notices
described in this section may be established by administrative rule of
the city manager adopted pursuant to section 2.019 of this code.
Section 11.
Section 9.7220 of the Eugene Code, 1971, is amended by amending
subsection (1), renumbering subsection (3) to (4), and adding a new subsection (3) to provide
as follows:
9.7220 Notice of Decision.
(1)
Within 5 days after the planning director renders a decision, [the city shall
mail] notice of the decision shall be mailed to the following:
(a) Applicant.
(b) Owner and occupants of the subject property.
(c) Neighborhood group or community organization officially recognized by
the city that includes the area of the subject property.
(d) Any group or individual who submitted written comments during the
comment period.
Ordinance - Page 7 of 13
(e) Those groups or individuals who requested notice of the decision.
(f) Property owners and occupants of property located within 300 feet of
the perimeter of the subject property.
(3) Responsibility and procedures for mailing the notice described in this
section may be established by administrative rule of the city manager
pursuant to section 2.019 of this code.
(3)
4 Unless appealed according to the procedures in EC 9.7605 Filing of Appeal of
Planning Director’s Decision, the planning director’s decision is effective on
the 13th day after notice of the decision is mailed.
Section 12.
Subsection (2) of Section 9.7351 of the Eugene Code, 1971, is amended,
and a new subsection (5) is added, to provide as follows:
9.7315 Public Hearing Notice.
(2)
At least 30 days prior to the hearing, [the city shall mail a] written notice of the
public hearing and the nature of the request shall be mailed to all of the
following:
(a) Applicant.
(b) Owners and occupants of the subject property.
(c) Owners and occupants of property located within 500 feet of the
perimeter of the subject property.
(d) Neighborhood group and community organization officially recognized
by the city council that includes the area of the subject property.
(e) Community organizations that have submitted written requests for
notification.
(f) For Willamette Greenway permits, public hearing notice shall also be
provided to the Oregon Department of Transportation.
(5) Responsibility and procedures for mailing and posting the notices
described in this section may be established by administrative rule of
the city manager adopted pursuant to section 2.019 of this code.
Section 13.
Section 9.7335 of the Eugene Code, 1971, is amended by amending
subsection (1), renumbering subsection (3) to (4), and adding a new subsection (3) to provide
as follows:
9.7335Notice of Decision.
(1)
Within 5 days after the hearings official or historic review board renders a
decision, [the city shall mail] notice of the decision shall be mailed to the
following:
(a) Applicant.
(b) Owner of the subject property.
(c) Neighborhood group or community organization officially recognized by
the city that includes the area of the subject property.
(d) Any group or individual who provided written or oral testimony prior to
the close of the public comment period.
(e) For Willamette Greenway permits, to the Oregon Department of
Transportation.
Ordinance - Page 8 of 13
(3) Responsibility and procedures for mailing the notice described in this
section may be established by administrative rule of the city manager
pursuant to section 2.019 of this code.
(3)
4 Unless appealed pursuant to EC 9.7655 Filing of Appeal of Hearings Official
th
or Historic Review Board Initial Decision, the decision is final on the 13 day
after notice of the decision is mailed.
Section 14.
Subsection (2) of Section 9.7415 of the Eugene Code, 1971, is amended,
and a new subsection (6) is added to provide as follows:
9.7415 Public Hearing Notice.
(2)
At least 30 days before the planning commission public hearing, [the city shall
mail] written notice of the hearing and the nature of the request shall be
mailed to all of the following:
(a) Applicant.
(b) Owners and occupants of property that is the subject of a proposed
application.
(c) Owners and occupants of property located within 300 feet of the
perimeter of the subject property.
(d) The neighborhood group and community organizations officially
recognized by the city council that includes the area of the subject
property.
(e) Community organizations that have submitted written requests for
notification.
(6) Responsibility and procedures for mailing and posting the notices
described in this section may be established by administrative rule of
the city manager adopted pursuant to section 2.019 of this code.
Section 15.
Subsections (1) and (3) of Section 9.7440 of the Eugene Code, 1971, are
amended, and a new subsection (4) is added to provide as follows:
9.7440 Public Hearing Notice.
(1)
At least 10 days before the city council hearing, [the city shall mail] written
notice of the hearing shall be mailed to all of the following:
(a) Applicant.
(b) Owner of the subject property.
(c) Any person who has submitted written or oral testimony in a timely
manner during the planning commission hearing procedures.
(d) Any person who requested notice of the planning commission’s
decision.
(3)
For street name change applications, [the city shall publish a] notice shall be
published in a local newspaper with general circulation within the city at least
one time during the week immediately preceding the week of the city council
hearing. The notice shall state the time and place of the hearing, describe the
nature of the application, and inform the public of the opportunity to provide
testimony.
(4) Responsibility and procedures for mailing and publishing the notices
described in this section may be established by administrative rule of
the city manager pursuant to section 2.019 of this code.
Ordinance - Page 9 of 13
Section 16.
Subsection (1) of Section 9.7455 of the Eugene Code, 1971, is amended,
and a new subsection (3) is added, to provide as follows:
9.7455 Notice of Decision.
(1)
Within 5 days of the decision, [the city shall mail] written notice of the decision
shall be mailed to all of the following:
(a) Applicant.
(b) Any person who has submitted written or oral testimony in a timely
manner during the city council hearing procedures.
(c) Any person who requested notice of the city council’s decision.
(d) In the case of a refinement plan amendment, the Oregon Department of
Land Conservation and Development.
(3) Responsibility and procedures for mailing the notice described in this
section may be established by administrative rule of the city manager
pursuant to section 2.019 of this code.
Section 17.
Subsections (2) and (3) of Section 9.7520 of the Eugene Code, 1971, are
amended, and a new subsection (4) is added, to provide as follows:
9.7520 Public Hearing Notice.
(2)
At least 30 days before the planning commission public hearing, [the city shall
mail] written notice of the hearing and the nature of the request shall be
mailed to all of the following:
(a) Lane County and City of Springfield planning directors.
(b) All neighborhood groups officially recognized by the city council.
(c) Community organizations that have submitted written requests for
notification.
(3)
At least 20 days prior to the planning commission public hearing, [the city shall
publish] notice of the public hearing shall be published in a local newspaper
of general circulation within the city.
(4) Responsibility and procedures for mailing and publishing the notices
described in this section may be established by administrative rule of
the city manager pursuant to section 2.019 of this code.
Section 18.
Section 9.7545 of the Eugene Code, 1971, is amended to provide as
follows:
9.7545 Public Hearing Notice.
At least 10 days before the city council hearing, [the city
shall mail] written notice of the hearing shall be mailed to the following:
(1)
Any person who provided oral or written testimony in a timely manner during
the planning commission hearing procedures.
(2)
Any person who requested notice of the planning commission’s decision.
(3) Responsibility and procedures for mailing the notice described in this
section may be established by administrative rule of the city manager
pursuant to section 2.019 of this code.
Section 19.
Subsection (1) of Section 9.7560 of the Eugene Code, 1971, is amended,
and a new subsection (4) is added, to provide as follows:
Ordinance - Page 10 of 13
9.7560 Notice of Decision.
(1)
Within 5 days of the decision, [the city shall mail] written notice of the decision
shall be mailed to all of the following:
(a) Any person who provided oral or written testimony in a timely manner
during the city council hearing procedures.
(b) Any person who requested notice of the city council’s decision.
(c) The Oregon Department of Land Conservation and Development.
(4) Responsibility and procedures for mailing the notice described in this
section may be established by administrative rule of the city manager
pursuant to section 2.019 of this code.
Section 20.
Subsection (1) of Section 9.7615 of the Eugene Code, 1971, is amended,
and a new subsection (3) is added, to provide as follows:
9.7615 Public Hearing Notice.
(1)
At least 20 days prior to the hearing, [the city shall mail] written notice shall be
mailed to all of the following:
(a) Applicant.
(b) Owner of the subject property.
(c) Appellant.
(d) Neighborhood group or community organization officially recognized by
the city that includes the area of the subject property.
(e) Any person who provided written comments prior to the close of the
public comment period.
(f) Owners of property within 100 feet of the perimeter of the subject
property.
(3) Responsibility and procedures for mailing the notice described in this
section may be established by administrative rule of the city manager
pursuant to section 2.019 of this code.
Section 21.
Section 9.7635 of the Eugene Code, 1971, is amended by adding
subsection (3) to provide as follows:
9.7635 Notice of Decision.
(4) Responsibility and procedures for mailing the notice described in this
section may be established by administrative rule of the city manager
pursuant to section 2.019 of this code.
Section 22.
Subsection (1) of Section 9.7665 of the Eugene Code, 1971, is amended,
and a new subsection (3) is added, to provide as follows:
9.7665 Public Hearing Notice.
(1)
At least 10 days prior to the hearing, [the city shall mail] written notice of the
hearing shall be mailed to the following:
(a) Applicant.
(b) Owner of the subject property.
(c) Appellant.
(d) Neighborhood group or community organization officially recognized by
the city that includes the area of the subject property.
Ordinance - Page 11 of 13
(e) Any person who submitted written comments in regards to the original
application.
(f) Any person who requested notice of the previous decision or of the
appellate hearing.
(3) Responsibility and procedures for mailing the notice described in this
section may be established by administrative rule of the city manager
pursuant to section 2.019 of this code.
Section 23.
Section 9.7685 of the Eugene Code, 1971, is amended by adding a new
subsection (3) to provide as follows:
9.7685 Notice of Decision.
(3) Responsibility and procedures for mailing the notice described in this
section may be established by administrative rule of the city manager
pursuant to section 2.019 of this code.
Section 24.
Section 9.8007 of the Eugene Code, 1971, is added to provide as follows:
9.8007 Notice. Where EC 9.7100-9.7685, or administrative rules referenced in those
code sections, require an applicant to mail, post or publish notice, the city
shall not approve the subject application(s) if the applicant has not submitted
a signed affidavit of notice affirming that the applicant has provided notice as
required.
Section 25.
Subsection (16) of Section 9.8030 of the Eugene Code, 1971, is amended
to provide as follows:
9.8030 Adjustment Review - Approval Criteria.
The planning director shall approve,
conditionally approve, or deny an adjustment review application. Approval or
conditional approval shall be based on compliance with the following applicable
criteria.
(16) /BW Broadway Overlay Zone.
[ A standard applicable within the /BW
Broadway Overlay Zone may be adjusted upon a finding that the proposed
adjustment is consistent with:
(a) The purposes of the /BW Broadway Overlay Zone as set forth in EC
9.4070; and
(b) The applicable adjustment criteria in another subsection of EC 9.8030, if
any.
If there is no subsection within EC 9.8030 that pertains to the type of standard
being considered, adjustment may be permitted based solely on compliance
with EC 9.8030(16)(a).]
Downtown Plan Area. Where this land use code provides that a
development standard applicable within the Downtown Plan Area as
shown on Map 9.2161(6) Downtown Plan Map may be adjusted, approval
of the request shall be given if the applicant demonstrates consistency
with all of the following:
(a) The requested adjustment will allow the project to achieve an
equivalent or higher quality design than would result from strict
adherence to the standards through:
1. A building orientation, massing, articulation and façade that
Ordinance - Page 12 of 13
contribute positively to the surrounding urban environment;
and
2. An overall site and building design that creates a safe and
attractive pedestrian environment. Design elements for this
purpose may include special architectural design features,
high quality materials, outdoor seating, pedestrian-scaled
lighting, prominent entries facing the street, multiple
openings or windows, and a significant use of clear, untinted
glass.
(b) Impacts to any adjacent residentially-zoned property are
minimized. Design elements for this purpose may include
treatment of building massing, setbacks, screening and
landscaping.
(c) For adjustments pursuant to EC 9.2171(13) only, placing utilities
underground would be unreasonably onerous to the applicant.
Section 26.
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.
Passed by the City Council this Approved by the Mayor this
____ day of ______________, 2009 ____ day of ______________, 2009
_____________________________ _____________________________
City Recorder Mayor
00220088.DOC;5
Ordinance - Page 13 of 13
EXHIBIT A
Findings
Downtown Code Amendments (City File CA 09-1)
Land Use Application Noticing Requirements (City File CA 09-2)
Code Amendment Eugene Code Section 9.8065 requires that the following approval criteria (in bold
and italics) be applied to a code amendment:
(1) The amendment is consistent with applicable statewide planning goals adopted by the Land
Conservation and Development Commission.
Goal 1 - Citizen Involvement. To develop a citizen involvement program that insures the opportunity
for citizens to be involved in all phases of the planning process.
The City has acknowledged provisions for citizen involvement which insure the opportunity for
citizens to be involved in all phases of the planning process and set out requirements for such
involvement. The action taken did not amend the citizen involvement program. The process for
adopting these amendments complied with Goal 1 because it is consistent with the citizen
involvement provisions. Furthermore, the proposed amendments to public notice provisions do not
formally change current noticing responsibilities, the required content, or who is required to receive
such notices.
The process to draft the code amendments related to downtown employed significant public
involvement opportunities. The need for a comprehensive review of existing downtown zones
emerged as part of the initial Downtown Visioning effort in 1999 and was included as an
implementation strategy in the Downtown Plan, adopted in April, 2004. In May, 2004 staff
introduced the topic of a review of Downtown Area Zoning at the Eugene Planning Commission. Since
that time, Planning and Development staff met with the Eugene Planning Commission, the Eugene
Redevelopment Advisory Committee, and City Council on multiple occasions, in addition to hosting
public workshops.
The Planning Commission public hearing on both sets of code amendments was duly noticed to the City
of Springfield, Lane County, all 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. The City Council then held a duly noticed public hearing to consider approval, modification, or
denial of the code amendments. These processes afford ample opportunity for citizen involvement
consistent with Goal 1. Therefore, the amendments are 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.
Findings - 1
The Eugene Land Use Code specifies the procedure and criteria that were used in considering these
amendments to the code. The record shows that there is an adequate factual base 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 all of the affected governmental units. Specifically, the City provided notice of the
proposed action and opportunity to comment to Lane County, Springfield and the Department of
Land Conservation and Development.
There are no Goal 2 Exceptions required for these amendments. Therefore, the amendments are
consistent with Statewide Planning Goal 2.
Goal 3 - Agricultural Lands. To preserve agricultural lands.
The amendments are for property located within the urban growth boundary and do not affect any
land designated for agricultural use. Therefore, Statewide Planning Goal 3 does not apply.
Goal 4 - Forest Lands. To conserve forest lands.
The amendments are for property located within the urban growth boundary and do not affect any
land designated for forest use. Therefore, Statewide Planning Goal 4 does not apply.
Goal 5 - Open Spaces, Scenic and Historic Areas, and Natural Resources. To conserve open space and
protect natural and scenic resources.
OAR 660-023-0250(3) provides: Local governments are not required to apply Goal 5 in consideration
of a PAPA unless the PAPA affects a Goal 5 resource. For purposes of this section, a PAPA would affect
a Goal 5 resource only if:
(a)The PAPA creates or amends a resource list or a portion of an acknowledged plan or land use
regulation adopted in order to protect a significant Goal 5 resource or to address specific
requirements of Goal 5;
(b)The PAPA allows new uses that could be conflicting uses with a particular significant Goal 5
resource site on an acknowledged resource list; or
(c)The PAPA amends an acknowledged UGB and factual information is submitted demonstrating
that a resource site, or the impact areas of such a site, is included in the amended UGB area.
These amendments do not create or amend the citys list of Goal 5 resources, do not amend a code
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provision adopted in order to protect a significant Goal 5 resource or to address specific
requirements of Goal 5, do not allow new uses that could be conflicting uses with a significant Goal 5
resource site and do not amend the acknowledged UGB. Therefore, Statewide Planning Goal 5 does
not apply.
Goal 6 - Air, Water and land Resource Quality. To maintain and improve the quality of the air, water
and land resources of the state.
Findings - 2
Goal 6 addresses waste and process discharges from development, and is aimed at protecting air,
water and land from impacts from those discharges. The amendments to not affect the Citys ability
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to provide for clean air, water or land resources. Therefore, Statewide Planning Goal 6 does not
apply.
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, land slides, earthquakes and related hazards, tsunamis
and wildfires. The Goal prohibits a development in natural hazard areas without appropriate
safeguards. The amendments do not effect the Citys restrictions on development in areas subject
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to natural disasters and hazards. Further, the amendments do not allow for new development that
could result in a natural hazard. Therefore, Statewide Planning Goal 7 does not apply.
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 plan amendments do not
effect the citys provisions for recreation areas, facilities or recreational opportunities. The
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Downtown Plan area is served by a variety of parks including Alton Baker and Skinner Butte Parks.
Access to the recreation opportunities provided by these parks will not be affected as a result of the
code amendments related to downtown. Therefore, Statewide Planning Goal 8 does not apply.
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 Oregons 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
Eugene Commercial Land Study (October 1992) was adopted by the City of Eugene as a refinement of
the Metro Plan, and complies with the requirements of Goal 9 and its Administrative Rule.
The Eugene Commercial Lands Study acknowledged that the inventory of commercial land is dynamic
and that different commercial needs need to be accommodated through a variety of means. An
emphasis of the Study is to encourage higher intensity in-fill and redevelopment of commercial lands
by constraining the supply of new commercial land.
The code amendments related to downtown are specifically intended to facilitate downtown
development and redevelopment in accordance with the Downtown Plan. The amendments do not
affect the amount of land designated or zoned for commercial use and will have no direct impact on
the existing supply of or any existing commercially designated land. Therefore, the code amendments
are consistent with Statewide Planning Goal 9.
Findings - 3
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. Although some of the amendments related to downtown address residential
development standards, the land use code amendments do not impact the supply or availability of
residential lands included in the documented supply of “buildable land” that is available for
residential development as inventoried in the acknowledged 1999 Residential Lands Study.
Therefore, the amendments are 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 amendments do not effect the Citys provision of public facilities and services. Therefore,
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Statewide Planning Goal 11 does not apply.
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). TransPlan
provides the regional policy framework through which the TPR is enacted at the local level.
The code amendments will not significantly affect any transportation facility. The level of
development currently permitted through existing code and zoning regulations will remain the same.
No change in the functional classification of streets will result from these amendments. In addition,
no changes are proposed to the standards that implement the functional classification system.
Therefore, the amendments are consistent with Statewide Planning Goal 12.
Goal 13 - Energy Conservation. To conserve energy.
The amendments do not impact energy conservation. Therefore, 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 Citys provisions regarding the transition of land from rural to
=
urban uses. Therefore, Statewide Planning Goal 14 does not apply.
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 that affect the regulation of areas within the
Willamette River Greenway, therefore, Statewide Planning Goal 15 does not apply.
Goal 16 through 19 - Estuarine Resources, Coastal Shorelands, Beaches and Dunes, and Ocean
Resources.
Findings - 4
There are no coastal, ocean, estuarine, or beach and dune resources related to the property effected
by these amendments. Therefore, these goals are not relevant and the amendments will not affect
compliance with Statewide Planning Goals 16 through 19.
(2) The amendment is consistent with applicable provisions of the Metro Plan and applicable
adopted refinement plans.
The code amendments related to land use application noticing requirement include minor changes to
the Land Use Code that do not raise any significant policy issues. Given the minor nature of these
amendments, there are no relevant Metro Plan policies affected by this action. Furthermore, these
amendments do not address any adopted refinement plans.
Regarding the code amendments related to the Downtown Plan area, there are no relevant Metro
Plan policies affected by this action. These code amendments apply to areas within the Downtown
Plan, the West University Refinement Plan, the Whiteaker Plan and the Jefferson Far West
Refinement Plan, all of which are applicable adopted refinement plans. In addition, the Commercial
Lands Study, the Eugene-Springfield Transportation System Plan (TransPlan) and the Central Area
Transportation Study (CATS) are also considered applicable adopted refinement plans. Findings
addressing relevant provisions of applicable refinement plans are provided below.
Downtown Plan
The Downtown Plan contains numerous policies supporting mixed use and density in downtown. The
Downtown Plan states that, “[w]ith the exception of Policy IV 3, relating to EWEB’s riverfront
property, the policies in the Downtown Plan are aspirational, and cannot be the basis for denial of
public or private proposals regarding change in the downtown.” Even though the policies are not
mandatory, it is worth noting that the proposal is consistent with the following policies:
I.2. Downtown development shall support the urban qualities of density, vitality, livability and
diversity to create a downtown, urban environment.
II.2. Use downtown development tools and incentives to encourage development that provides
character and density downtown.
V.1. Stimulate multi-unit housing in the downtown core and on the edges of downtown for a
variety of income levels and ownership opportunities.
The intent of the code amendments is to implement the Downtown Plan by insuring that appropriate
zoning and code regulations are in place to set the stage for desired dense, mixed-use downtown
development. The code amendments address these policies by providing additional flexibility for
downtown projects while still achieving an equivalent or higher quality urban environment.
Jefferson Far West Refinement Plan
Although there are no policies in this refinement plan that directly address the code amendments or
constitute mandatory approval criteria, the following policy in the Neighborhood Economic
Development Element of the plan lends general support for the amendments:
Findings - 5
3.0 Take actions to continue to attract investment by the private sector in the central city.
Commercial Lands Study
The Commercial Lands Study is considered a refinement to the Metro Plan. To the extent that the
following policies constitute mandatory approval criteria, the code amendments are consistent with
these policies in that the amendments assist private developers to invest in the downtown area by
removing impediments in the land use code.
6.0 Promote redevelopment of existing commercial areas and compact, dense growth by
encouraging business to revitalize and reuse existing commercial sites.
7.0 Recognize private sector costs of redevelopment, especially in the downtown area, and offer
public incentives to assist redevelopment efforts.
There are no policies from West University Refinement Plan, the Whiteaker Plan, TransPlan or the
Central Area Transportation Study (CATS) that are applicable to the proposed amendments related to
downtown.
(3) The amendment is consistent with EC 9.3020 Criteria for Establishment of an S Special Area
Zone, in the case of establishment of a special area zone.
The amendments do not establish a special area zone. Therefore, this criterion does not apply to
these amendments.
Findings - 6