HomeMy WebLinkAboutAdmin Order 57-24-01-F -- Adopting Farmers Market Pavilion and Plaza RulesADMINISTRATIVE ORDER NO. 57-24-01-F
of the
Library, Recreation and Cultural Serv ices Department
ESTABLISHING AND ADOPTING RULES APPLICABLE TO THE CI T Y'S
BUTTERFLY LOT AND FA RMERS MARKET PAVI LION AND PLAZA
AND REPEALING ADMINISTRATIVE ORDER NO. 21-23-07.
The Executive Director of the Library, Recreation and Cultural Services Department
of the City of Eugene finds that:
A.Section 2.019 of the Eugene Code, 1971, authorizes the City Manager to adopt
Rules for implementation of any provisions of the Code. Administrative Order No. 57-95-01 issued
by the City Manager authorizes the Executive Director of the Library, Recreation and Cultural
Services (LRCS) Department to adopt rules for the City Library, recreation facilities and programs,
and City Cultural facilities and programs.
B.On January 31, 2019, the City of Eugene Urban Renewal Agency ("Agency") and
the City each purchased from Lane County one part of a half-block of property located on the west
side of Oak Street between Seventh and Eighth Av enues in Downtown Eugene, commonly referred
to as the Butterfly Lot. The Agency purchased the southern half of the Butterfly Lot, identified as
the "Southern County Property" in the August 31, 2017, Purchase and Sale Agreement ("Agency's
Property") and the City purchased the northern half of the Butterfly Lot, identified as the "Northern
County Property" in the August 31, 2017, Purchase and Sale Agreement ("City's Property").
C.On January 31, 2019, the Agency delegated to the City "authority to regulate the
use and operation of Agency's Property, including the authority to adopt administrative rules that
apply to Agency's Property."
D.On March 29, 2023, the Agency transferred ownership of its part of the Butterfly
Lot to the City, which allows the City to permanently regulate, operate, and manage the property,
including adopting administrative rules and fees for public use of the property.
E.The City Park Blocks are located on the south side of Eighth Avenue, across the
street from the Butterfly Lot. The City Park Blocks are located within the geographic boundary of
the Downtown Activity Zone (DAZ). The City's DAZ code provisions and administrative rules,
including the DAZ permitting process, apply to the Park Blocks. In addition, the City's
administratively adopted Parks and Open Space Rules ("POS Rules") apply to the Park Blocks.
F.The Farmers Market Pavilion and Plaza have been constructed on a portion of the
Butterfly Lot and the Plaza is open to the public. A Downtown Activity Permit has been issued to
the Farmers Market for use of the Pavilion. A portion of the Butterfly Lot will remain undeveloped
for the foreseeable future, but it may be opened to the public prior to it being developed.
G.On June 22, 2022, the City Manager issued Administrative Order No. 21-22-03
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adopting Emergency Butterfly Lot Rules that applied to the Farmers Market Pavilion and Plaza
and the remaining undeveloped portion of the Butterfly Lot so the City could regulate the use and
operation of the Butterfly Lot consistent with the Park Blocks. The Emergency Rules were
subsequently extended several times during the planning process and development of rules to allow
for the public to use and rent the Farmers Market Pavilion and Plaza, most recently by
Administrative Order No. 21-23-07, which will expire on June 11, 2024.
H.On July 24, 2023, the City Manager issued Administrative Order No. 21-23-05
designating me as the Executive Director of the Library, Recreation and Cultural Services
Department.
I.On May 15, 2024, I issued Administrative Order No. 57-24-01 ordering that Notice
be given of the opportunity to submit written comments on a proposal to establish and adopt Rules
applicable to the City's Butterfly Lot and Farmers Market Pavilion and Plaza so that the City can
regulate the use and operation of the Butterfly Lot and to allow for the public to use and rent the
Pavilion and Plaza.
J.Notice of the proposed Rules was given by making copies of the Notice available
to any person who had requested such notice and by publication of the Notice in the Register Guard
newspaper on May 21, 22, 23, 24, and 26, 2024, providing interested persons an opportunity to
submit comments on the proposed amendments until the end of the day on June 5, 2024. No
comments concerning the proposed Rules were submitted within the time or in the manner set out
in the Notice.
On the basis of these findings, I order that:
1.The Butterfly Lot and Farmers Market Pavilion and Plaza Administrative Rules are
hereby established and adopted by this Administrative Order No. 57-24-01-F.
2.Administrative Order No. 21-23-07 is repealed as of the effective date of this Order.
3.As of the effective date of this Order, the following are the Butterfly Lot and
Farmers Market Pavilion and Plaza Administrative Rules:
1.000 GENERAL
BUT TERFLY LOT AND FARMERS MARKET PAVILION AND PLAZA
ADMINISTRATI VE RULES
(Effective June 7, 2024.)
(1)The Butterfly Lot, which includes the Farmers Market Pavilion and Plaza, is the half-block
of property located on the west side of Oak Street between Seventh and Eighth Av enues in
Downtown Eugene. Except as provided below, the City's Park and Open Space Rules adopted by
Administrative Order No. 58-17-07-F, and all amendments thereto, shall apply to the Butterfly Lot,
including the Farmers Market Pavilion and Plaza.
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(d)The facility or park was not returned to its original condition, including but not
limited to, failure to remove litter or other debris, failure to remove bagged garbage or recycling.
1.005 PROHIBITED ACTIVITIES
In addition to all other prohibitions in these Rules and in the Park and Open Space Rules, the
following activities are prohibited within the Butterfly Lot, including the Farmers Market Pavilion
and Plaza:
(1)Interference with another activity for which a Downtown Activity Pennit or other Use
Permit has been issued, such as, but not limited to, food trucks on the adjacent Park Blocks,
pennitted DAZ Events, and/or citizens enjoying downtown Eugene in the surrounding blocks.
(2)Unless the City has authorized the possession and consumption of alcoholic liquor and hard
liquor therein as part of a permit, no person may consume alcoholic liquor or possess a receptacle
containing alcoholic liquor that has been opened or had the seal broken or the contents partially
removed in the Farmers Market Pavilion or Plaza.
Dated this 7th day of June, 2024.
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Joshua '!Iates
Joshua Bates (Jun 7, 2024 08:59 PDT)
Joshua Bates
Executive Director
Library , Recreation and Cultural Services Department