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Home My WebLink AboutItem 1: Ordinance on Brunner-Schmitz House Historic Zone Request ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Public Hearing: Ordinance Establishing the S-HBS Historic Brunner- Schmitz House Special Area Zone, and Amending the Eugene Zoning Map Meeting Date: May 16, 2011 Agenda Item Number: 1 Department: Planning and Development Staff Contact: Steve Ochs www.eugene-or.gov Contact Telephone Number: 541/682-5453 ISSUE STATEMENT This is a public hearing for a zone change establishing a Historic Special Area Zone (S-HBS) (City File Z 10-12) for the Brunner-Schmitz House and property on a .44 acre parcel at 1410 River Road. The Eugene Code requires that Historic Special Area Zones be established by ordinance, which requires action by the City Council. BACKGROUND On April 5, 2011, the Eugene Planning Commission held a public hearing on this zone change to establish a Historic Special Area Zone for the Brunner-Schmitz House at 1410 River Road. Following the public hearing the Planning Commission voted unanimously to recommend approval of the zone change to the City Council. The Brunner-Schmitz House was approved as a City of Eugene Historic Landmark in December 2010(City File HD 10-1). The Eugene Code provides procedures and criteria for establishing Special Area Zones in areas that possess distinctive buildings that have significance for the community and require special development measures that can’t be achieved through the application of standard zoning. As in this case, application of a Special Area Zone to a lot containing a specific building that qualifies as an historic landmark can ensure that permitted uses encourage preservation of historic qualities. The draft ordinance included as Attachment A, sets out development standards and permitted uses specific to this property. The proposed uses permitted on the property include limited commercial and residential uses. If adopted, the Historic Special Area Zone will be implemented as an un-codified ordinance specific to this property. The parcel subject to this request is currently zoned R-2 medium density residential and is designated for medium density in the Metro Plan and applicable refinement plan, the River Road - Santa Clara Urban Facilities Plan (RRSC). The existing R-2 zoning was applied to the subject parcel in 2007. The subject property is within the Eugene City limits and includes frontage on River Road. The portion of the property included in this request (.44 acres) was partitioned from a 7.78 acre parcel in 2008. This remaining parcel is also zoned R-2 medium density residential, is currently vacant and surrounds the subject parcel on three sides. The criteria to establish a Special Area Zone are set forth at EC 9.3020. Preliminary findings recommended for approval of the zone change by the Planning Commission are attached as Exhibit C to the draft ordinance (Attachment A). \\Cesrv500\cc support\CMO\2011 Council Agendas\M110516\S1105161.doc Additional background information regarding this request and relevant application materials are included for reference as Attachment B. A full copy of all materials in the record will be provided to the City Council in a binder in the council office and will also be available at the Permit and Information th Center located at 99 West 10 Avenue. RELATED CITY POLICIES The Metro Plan and River Road - Santa Clara Urban Facilities Plan (RRSC), the applicable refinement plan, contain policies related to this zone change request. The Metro Plan and refinement plan policies applicable to this request are addressed in the attached preliminary Findings (Exhibit C to Attachment A). COUNCIL OPTIONS This item is scheduled for a public hearing only, however, council action is required within 30 days of the close of the record following the public hearing to: 1. Approve the zone change by ordinance; 2. Modify and approve the zone change request by ordinance; or, 3. Deny the zone change request by ordinance. CITY MANAGER’S RECOMMENDATION The City Manager recommends that the City Council hold and close the public hearing on the zone change request, and take action within 30 days of close of record (tentatively scheduled for action on June 13, 2011) in order to comply with statutory and local code requirements. Following the City’s receipt of all testimony, the City Manager will make a recommendation on the merits the zone change request to be included in the council packet for action. SUGGESTED MOTION No motion is proposed, as this item is scheduled for a public hearing only. ATTACHMENTS A. Draft Ordinance with Exhibits A-C: Exhibit A: Final Order for the Historic Landmark Designation by Eugene’s Historic Review Board, December 9, 2010. Exhibit B: Map and Legal Description Exhibit C: Preliminary Findings B. Application Materials FOR MORE INFORMATION Staff Contact: Steve Ochs, Associate Planner Telephone: 541/682-5453 Staff E-Mail: steve.p.ochs@ci.eugene.or.us \\Cesrv500\cc support\CMO\2011 Council Agendas\M110516\S1105161.doc ORDINANCE NO. _____ AN ORDINANCE ESTABLISHING THE S-HBS HISTORIC BRUNNER- SCHMITZ HOUSE SPECIAL AREA ZONE, AND AMENDING THE EUGENE ZONING MAP . The City Council of the City of Eugene finds that: A. Recognition of historic landmarks enhances the beautification of the City, promotes the C regulation of designated historic landmarks provides a means to review changes to a landmark and ensure that historic and architectural values are preserved. The Brunner-Schmitz House was designated as a City of Eugene Historic Landmark on December 9, 2010. B. A Historic Special Area Zone is desirable for the Brunner-Schmitz House to foster the continued preservation of the property by allowing appropriate uses beyond those permitted in the R-2, Medium Density Residential zone and establishing appropriate development standards. C. Site specific historic zones are generally established by ordinance without The S-HBS Brunner-Schmitz House Special Area Zone is such a site-specific historic zone. NOW, THEREFORE, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The S-HBS Historic Brunner-Schmitz House Special Area Zone is hereby established and shall be subject to the following: (a) Purpose of the S-HBS Historic Brunner-Schmitz House Special Area Zone . The S-HBS Special Area Zone is intended to afford the Brunner-Schmitz House Historic - permitted and restrictions imposed w character-defining architectural features as an example of the American Foursquare architectural style that is evident in the square floor plan, wide overhanging eaves, two story height with one story porch, large square porch posts and hipped roof dormers, a bay window which contains five casement windows with decorative leaded glass in the upper casements, a one-story sunroom with multiple six over one casement windows, horizontal siding, half-width front porch and porte cochere along the east and north elevations. Those character-defining features are described in detail in the attached Exhibit A, Final Order for the Historic Landmark Ordinance - Page 1 of 4 (b) S-HBS Historic Brunner-Schmitz House Special Area Zone Siting Requirements . In addition to the approval criteria at EC 9.8865 Zone Change Approval Criteria, the S-HBS Historic Brunner-Schmitz House Special Area Zone applies only to the parcel of land -04-13-33, Tax Lot 4602, as shown on the attached Exhibit B. (c) S-HBS Historic Brunner-Schmitz House Special Area Zone Land Use and Permit Requirements . The following Table S-HBS Historic Brunner-Schmitz House Special Area Zone Uses and Permit Requirements, identifies uses in the S-HBS zone that are: (P) Permitted (S) Permitted subject to the Special Development Standards for Certain Uses beginning at EC 9.5000. S-HBS Historic Brunner-Schmitz House Special Area Zone Uses and Permit Requirements S-HBS Accessory Uses Accessory Uses. Examples related to residential use include a garage, storage shed, and services primarily for use by residents on the site, such as recreation room and laundry facility. Parking areas and garages constructed P and used for a principle use on the development site, such as an apartment, are allowed as an accessory use. Accessory Uses. Examples related to non-residential use include accessory services that are related to specialty retail, food and beverage uses, such as P storage, food preparation areas, and outdoor product display (screened from public view). Education, Cultural, Religious, Social and Fraternal Artist Gallery/ Studio P Office Uses Administrative, General and Professional Office P Personal Services Barber, Beauty, Nail, Tanning Shop P Day Care Facility (not associated with a residence) P Shoe Repair P Tailor P Residential One-family Dwelling (1 Per Lot in R-1) P Secondary Dwelling (Either Attached or Detached from Primary One-family P Dwelling on same lot subject to EC 9.2741(2)) Duplex (Two-Family Attached on Same Lot) P Assisted Care & Day Care (Residences Providing Special Services, Treatment or Supervision) Assisted Care (5 or fewer people living in facility) P Assisted Care (6 or more people living in facility) P Day Care (3 to 12 people served) P Day Care (13 or more people served) P Ordinance - Page 2 of 4 Commercial Services Restaurant P Specialty Food and Beverage P Specialty Retail, including Antiques P Bed and Breakfast Facility (EC 9.5100(2) shall apply) S Home occupation (See EC 9.5350) S (d) S-HBS Historic Brunner-Schmitz House Special Area Zone Development Standards . In addition to applicable provisions in the Eugene Code, 1971, the development standards listed in subsections (3) to (5) of this section shall apply to all development in the S- HBS zone. In cases of conflict, the standards specifically set out in this ordinance shall apply. (1) Adjustment . An adjustment may be made to any of the standards referenced in subsections (3), (4), or (5) of this section in accordance with EC 9.8030(15). (2) Historic Property Alteration Approval. Any building alterations or additions, and all new construction shall comply with EC 9.8175 Historic Property Alteration Approval Criteria. (3) Residential Development Standards . All residential development allowed pursuant to subsection (d)(2) shall be governed by General Standards for all Development in EC 9.6000 through 9.6885 and the development standards applied to the R-2 zone in EC 9.2750 and 9.2751, except that there shall be no minimum density requirement and except that EC 9.6200 to 9.6255 and EC 9.6400 to 9.6440 do not apply. (4) Non-Residential Development Standards . Except as provided in subsection (d)(5), all non-residential development allowed pursuant to subsection (c) shall be governed by General Standards for all Development in EC 9.6000 through 9.6110 and 9.6400 through 9.6885 and the development standards applied to the C-1 zone in EC 9.2170 and 9.2171. (5) Parking and Parking Lot Landscaping. Change of use to any non- residential use requiring 10 or fewer parking spaces in accordance with EC 9.6410 shall not require the parking lot to be upgraded to meet requirements at EC 9.6420 Parking Area Standards. Change of use to any non-residential use requiring 11 or more spaces will require the entire parking area to meet requirements at EC 9.6420 Parking Area Standards. All parking spaces provided shall be behind the house to the west or north of the house and west of the portico. Section 2. The Eugene Zoning Map is amended to rezone the property located at 1410 -04-13-33, Tax Lot 4602 from its existing R-2 Ordinance - Page 3 of 4 Medium Density Residential zone to S-HBS Historic Brunner-Schmitz House Special Area Zone, as described on the attached Exhibit B. Section 3. The findings attached as Exhibit C and incorporated herein by reference are adopted in support of this action. Passed by the City Council this Approved by the Mayor this _____ day of _______________, 2011 _____ day of _________________, 2011. ________________________________ _________________________________ City Recorder Mayor Ordinance - Page 4 of 4