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HomeMy WebLinkAboutOrd. 20712COUNCIL ORDINANCE NO. 20712 AN ORDINANCE CONCERNING CENTRAL COMMERCIAL SIGN STANDARDS, AMENDING SECTION 9.6670 OF THE EUGENE CODE, 1971, AND PROVIDING AN EFFECTIVE DATE. ADOPTED: September 9, 2024 SIGNED: September 11, 2024 PASSED: 6:1 REJECTED: OPPOSED: Keating ABSENT: Evans EFFECTIVE: October 12, 2024 • ORDINANCE NO. 20712 AN ORDINANCE CONCERNING CENTRAL COMMERCIAL SIGN STANDARDS, AMENDING SECTION 9.6670 OF THE EUGENE CODE, 1971, AND PROVIDING AN EFFECTIVE DATE. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Subsection (3) of Section 9.6670 of the Eugene Code, 1971, is amended to provide as follows: 9.6670 Central Commercial Sign Standards. The central commercial sign standards are hereby created and applied to all property within the central commercial zones as set forth below. Signs are restricted in recognition of the high density usage of these areas, where pedestrian traffic is heavy and vehicular traffic is commonly limited. (1) Corresponding Zones. The provisions of this section apply to all property not regulated by the highway commercial sign standards which is zoned C-3, to property within the S-DR Downtown Riverfront Special Area Zone, to property within the S-F 5th Street Special Zone, and to those portions of the S-RP Riverfront Park Special Zone which are not within 200 feet of the Franklin Boulevard center line. *** (3) Maximum Number of Signs. The number of signs allowed by the central commercial sign standards are as follows: (a) No more than 1 electronic message center, freestanding, readerboard, or roof sign per development site street frontage. (b) The number of allowed awning, marquee, under-marquee and wall signs is not limited. (c) Except as provided in subparagraph (d) of this subsection (3), 1 projecting sign per business occupant. (d) Notwithstanding subparagraph (c) of this subsection (3), a business occupant is allowed one projecting sign per building facade if all of the following criteria are met: 1. The building is located on a lot zoned S-DR Downtown Riverfront Special Area Zone; and 2. The area of the lot is greater than 0.5 acres; and Ordinance -Page 1 of 2 3 . The building fa9ade fronts 4th Avenue, High Street , Mill Street , Nak-nak Avenue , Wiley Griffon Way , or a street identified as Primary/Great in Figure 9.3160(4). Section 2. The findings set forth in Exhibit A attached to this Ordinance are adopted as findings in support of this Ordinance. Section 3. The City Recorder, at the request of, or with the concurrence of the City Attorney , is authorized to administratively co rrect any reference errors contained herein or in other provisions of the Eugene Code, 1971 , to the provisions added, amended or repealed herein. Section 4. This Ordinance shall take effect pursuant to Section 32 of the Eugene Charter 2002 , or on the date of its acknowledgement as provided in ORS 197 .625 , whichever is later. Passed by the City Council this 9th day of September, 2024 Ordinance -Page 2 of 2 Approved by the Mayor this _Jl_ day of September, 2024 Mayor Overview Downtown Riverfront Sign Code Amendment (City File CA 24-1) Downtown Riverfront Sign Code Amendment: Exhibit A Properties in the S-DR Downtown Riverfront Special Area Zone are subject to the Central Commercial Sign Standards, located in EC 9.6670, which also apply to much of the City's downtown area and limit the maximum number of projecting signs allowed on buildings. This ordinance will create a separate method to calculate the maximum allowed number of projecting signs for properties that are more than 0.5 acres and located in the S-DR zone. The number of projecting signs allowed by the Central Commercial Sign Standards is limited by the number of business occupants in the building. In much of downtown, individual businesses occupy relatively small building footprints, often with several businesses on each block. This contributes to the recognizable character of downtown, with a diversity of signage attracting passersby to diverse businesses and adding visual variety that reflects the density and pedestrian-oriented nature of the built environment. The scale of buildings being developed in the S-DR Downtown Riverfront Special Area Zone is notably different from other parts of downtown, and the Central Commercial Sign Standards have a different impact on the aesthetics and experience in that special area zone. Multiple blocks in the Riverfront special area zone will be fronted by apartment buildings that stretch from intersection to intersection with only a single business occupant-the apartment business entity. Current code limitations on the number of projecting signs mean that these blocks might only have a single projecting sign on a building that spans an entire block with frontages on two or three different streets. While other types of signs do not have the same limitations, projecting signs contribute to placemaking that is indicative of dense downtown environments and is desirable to developers. This ordinance allows each business occupant a projecting sign on each building fa~ade that fronts 4th Avenue, High Street, Mill Street, Nak-nak Avenue, Wiley Griffon Way, or any other street identified as a Primary or Great Street in Figure 9.3160(4). Proposed Findings Eugene Code Section 9.8065 requires that the following approval criteria (in bold 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. Based on the findings under each of the statewide planning goals 1 through 19 below, this ordinance is consistent with the goals and this criterion is satisfied. Findings -Page 1 Exhibit A Goal 1 -Citizen Involvement. To develop a citizen involvement program that ensures the opportunity for citizens to be involved in all phases of the planning process. The City has acknowledged provisions for community involvement which ensure the opportunity for community members to be involved in all phases of the planning process and set out requirements for such involvement. This code amendment does not amend the citizen involvement program. The process for adopting this amendment complied with Goal 1 because it is consistent with the City's acknowledged citizen involvement provisions. A Notice of Proposed Amendment was filed with the Oregon Department of Land Conservation and Development on May 7, 2024, and a notice of the Planning Commission's public hearing on the application was mailed on May 7, 2024. Notice was posted on the subject property along the frontage of the abutting improved streets and in three locations within 300 feet of the subject property on May 20, 2024. A public hearing was held before the Planning Commission on June 11, 2024, followed by deliberations. Following deliberations, the Planning Commission made a recommendation that the Eugene City Council approve the proposed code amendments. The City Council held a public hearing on July 15, 2024. A notice of the public hearing was provided on July 5, 2024, in accordance with Chapter 9 of the Eugene Code. These processes afford opportunity for citizen involvement consistent with Goal 1. Therefore, the ordinance is 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. Eugene's land use code specifies the procedures and criteria that were used in considering this land use code amendment. The record shows that there is an adequate factual basis for the amendment. The Goal 2 coordination requirement is met when the City engages in an exchange, or invites 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 community. To comply with the Goal 2 coordination requirement, the City engaged in an exchange about the subject of this amendment with affected governmental units. Specifically, the City provided notice of the proposed action and opportunity to comment to the Oregon Department of Land Conservation and Development as well as to Lane County and the City of Springfield. There are no exceptions to Statewide Planning Goal 2 required for this amendment. Therefore, the amendment is consistent with Statewide Planning Goal 2. Goal 3 -Agricultural Lands. To preserve agricultural lands. The amendment will only affect property located within the City of Eugene and does not affect any land zoned or designated for agricultural use. Therefore, the amendment is consistent with Statewide Planning Goal 3. Findings -Page 2 Exhibit A Goal 4 -Forest Lands. To conserve forest lands. The amendment will only affect property located within the City of Eugene and does not affect any land zoned or designated for forest use. Therefore, the amendment is consistent with Statewide Planning Goal 4. 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. This amendment does not create or amend the City's list of Goal 5 resources, does not amend a land use code provision adopted to protect a significant Goal 5 resource or to address specific requirements of Goal 5, and does not amend the City's acknowledged urban growth boundary. Therefore, the amendment is consistent with Statewide Planning Goal 5. Goal 6 -Air, Water and land Resource Quality. To maintain and improve the quality of the air, water and land resources of the state. Goal 6 addresses waste and process discharges from development and is aimed at protecting air, water, and land from impacts from those discharges. The amendment does not affect the City's ability to provide for clean air, water, or land resources. Therefore, the amendment is consistent with Statewide Planning Goal 6. 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, landslides, earthquakes and related hazards, tsunamis, and wildfires. The amendment does not amend or repeal any policies or regulations that protect people and property from natural hazards. Therefore, the amendment is consistent with Statewide Planning Goal 7. Findings -Page 3 Exhibit A 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 that recreational facilities are provided to Oregon residents and tourists and is primarily concerned with the provision of those facilities in non-urban areas of the state. The amendment does not affect the City's provisions for, or access to, recreation areas, facilities, or recreational opportunities. Therefore, the amendment is consistent with Statewide Planning Goal 8. 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 Oregon's citizens. Goal 9 requires cities to evaluate the supply and demand of commercial land relative to community economic objectives. The amendment does not impact the supply of industrial or commercial lands. Therefore, the amendment is consistent with Statewide Planning Goal 9. Goal 10 -Housing. To provide for the housing needs of citizens of the state. Goal 10 requires the City to provide an adequate supply of residential buildable land to accommodate the City's estimated housing needs for a 20-year planning period. The Envision Eugene Residential Land Supply Study (2012-2032) was adopted by the City of Eugene in 2017 as a refinement of the Envision Eugene Comprehensive Plan and complies with the requirements of Goal 10 and Chapter 660, division 008 of the Oregon Administrative Rules. This amendment does not impact the supply of residential buildable land, because the development potential of affected properties is not impacted by allowances for signage. The amendment does not alter or amend the City's adopted Envision Eugene Residential Land Supply Study. Properties affected by this amendment are designated variously as High Density Residential, Mixed Use, Parks and Open Space, and Nodal Development. The amendments will not re-zone or re-designate land and will not take any land out of residential use. The amendment does not impact the supply of residential buildable land, because the development potential of affected properties is not impacted by allowances for signage. Accordingly, the amendment does 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 Residential Lands Supply Study. The amendment is 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 amendment does not affect the City's provision of public facilities and services. Therefore, the amendment is consistent with Statewide Planning Goal 11. Findings -Page 4 Exhibit A Goal 12-Transportation. To provide and encourage a safe, convenient and economic transportation system. The Transportation Planning Rule (OAR 660-012-0060) contains the following requirement: {1} If an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation (including a zoning map) would significantly affect an existing or planned transportation facility, then the local government must put in place measures as provided in section (2) of this rule, unless the amendment is allowed under section {3}, {9} or {10} of this rule. A plan or land use regulation amendment significantly affects a transportation facility if it would: (a) Change the functional classification of an existing or planned transportation facility (exclusive of correction of map errors in an adopted plan); (b) Change standards implementing a functional classification system; or (c) Result in any of the effects listed in paragraphs (A) through {CJ of this subsection based on projected conditions measured at the end of the planning period identified in the adopted TSP. As part of evaluating projected conditions, the amount of traffic projected to be generated within the area of the amendment may be reduced if the amendment includes an enforceable, ongoing requirement that would demonstrably limit traffic generation, including, but not limited to, transportation demand management. This reduction may diminish or completely eliminate the significant effect of the amendment. {A} Types or levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility; (BJ Degrade the performance of an existing or planned transportation facility such that it would not meet the performance standards identified in the TSP or comprehensive plan; or {CJ Degrade the performance of an existing or planned transportation facility that is otherwise projected to not meet the performance standards identified in the TSP or comprehensive plan. The amendment does not change the functional classification of a transportation facility, change the standards implementing a functional classification system, or degrade the performance of a facility otherwise projected to not meet performance standards. Based on the above findings, the amendment is consistent with Statewide Planning Goal 12. Goal 13 -Energy Conservation. To conserve energy. Goal 13 provides guidance on the management of land and land uses to maximize the conservation of energy. This amendment does not concern energy conservation. Therefore, the amendment is consistent with Statewide Planning Goal 13. Goal 14 -Urbanization. To provide for an orderly and efficient transition from rural to urban land use. The amendment does not affect the City's provisions regarding the transition of land from rural to urban uses. Therefore, the amendment is consistent with Statewide Planning Goal 14. Findings -Page 5 Exhibit A 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 amendment does not make any changes to the City's adopted and acknowledged Willamette River Greenway regulations. Therefore, the amendment is consistent with Statewide Planning Goal 15. Goals 16 through 19 -Estuarine Resources, Coastal Shore/ands, Beaches and Dunes, and Ocean Resources. There are no coastal, ocean, estuarine, or beach and dune resources related to the property affected by this amendment. Therefore, these goals are not relevant, and the amendment will not affect compliance with Statewide Planning Goals 16 through 19. (2) The amendment is consistent with applicable provisions of the comprehensive plan and applicable adopted refinement plans. Applicable Metro Plan Policies The Metro Plan does not contain any policies relevant to this amendment. Envision Eugene Comprehensive Plan The Envision Eugene Comprehensive Plan does not contain any policies relevant to this amendment. Applicable Refinement Plans The applicable refinement Plan, the Eugene Downtown Plan (2004), does not contain policies relevant to this amendment. {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 amendment does not establish a special area zone. Therefore, this criterion does not apply. Findings -Page 6