HomeMy WebLinkAboutItem 3: Ordinance on Brunner-Schmitz S-HBS Historic Zone Request
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Action: An Ordinance Establishing the S-HBS Historic Brunner-Schmitz
House Special Area Zone, and Amending the Eugene Zoning Map
Meeting Date: June 13, 2011 Agenda Item Number: 3
Department: Planning and Development Staff Contact: Steve Ochs
www.eugene-or.gov Contact Telephone Number: 541/682-5453
ISSUE STATEMENT
The City Council is scheduled to take action on an ordinance establishing a Historic Special Area Zone
(S-HBS) (City File Z 10-12) for the Brunner-Schmitz House and property on a 0.44 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. On May 16, 2011, the City Council held a public hearing and closed the
record. No public testimony was provided at the hearing. In response to questions from councilors, staff
noted that the zone change was not a requirement but rather an option for the property owner. If adopted,
the ordinance would permit limited commercial and residential uses that would not be permitted in the
existing zoning.
The Brunner-Schmitz House was approved as a City of Eugene Historic Landmark in December 2010,
(City File HD 10-1). The subject parcel 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 intent for establishing Special Area Zones for historic
properties is to allow a range of use and activity that encourage preservation of historic qualities. The
draft ordinance included as Attachment A sets out development standards and permitted uses specific to
this property. If adopted, the Historic Special Area Zone will be implemented as an un-codified
ordinance specific to this property.
The criteria to establish a Special Area Zone are set forth at EC 9.3020. Preliminary findings related to
the approval criteria are attached as Exhibit C to the draft ordinance (Attachment A). 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 Center
th
located at 99 West 10 Avenue.
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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 policies applicable to this request are
addressed in the attached preliminary Findings (Exhibit C to Attachment A).
COUNCIL OPTIONS
The council may adopt the ordinance as attached, adopt the ordinance with specific amendments or deny
the ordinance:
1. Adopt the zone change by ordinance as attached;
2. Modify and approve the zone change request by ordinance; or,
3. Deny the ordinance.
CITY MANAGER’S RECOMMENDATION
The City Manager recommends that the City Council approve the zone change and adopt the ordinance
as attached.
SUGGESTED MOTION
I move to adopt Council Bill No. 5048 an ordinance establishing the S-HBS Historic Brunner-
Schmitz House Special Area Zone and amending the Eugene zoning map.
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
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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