HomeMy WebLinkAboutItem 1: Ordinance on Infill Compatibility Standards
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Public Hearing: An Ordinance Concerning Infill Compatibility Standards Related to
Multi-Family Developments, Multi-Family Zoning, Garbage and Recycling
Screening, and Bicycle Parking; and Amending Sections 9.0500, 9.2750, 9.2751,
9.3125, 9.3626, 9.5500, 9.6105, 9.6410, 9.6740, 9.6745, and 9.8030
of the Eugene Code, 1971 (City File CA 11-2)
Meeting Date: April 16, 2012 Agenda Item Number: 1
Department: Planning and Development Staff Contact: Alissa Hansen
www.eugene-or.gov Contact Telephone Number: 541/682-5508
ISSUE STATEMENT
The City Council will hold a public hearing to consider a package of land use code amendments
related to infill compatibility standards for multi-family housing.
BACKGROUND
Last year, as part of Envision Eugene, the City Council initiated code amendments related to infill
compatibility standards for multi-family housing. The purpose of these amendments is to make
changes and clarifications to the land use code (Eugene Code Chapter 9) that will improve
neighborhood livability, and implement strategies identified through Envision Eugene. These
amendments are intended to be limited in scope, and address areas where there is strong momentum
and opportunity for achievable solutions.
Based on recommendations from the infill compatibility standards project (ICS), code language
addressing the following six topic areas was crafted:
1. Open Space Standards
: These amendments would apply citywide to all multi-family
developments (projects with three or more units on the same lot). They include the
elimination of the current open space exemption for dense projects in residential zones, and
also provide more flexibility about how and where open space can be provided.
2. Allowed Intrusions in Required Setbacks
: The land use code currently allows specific
intrusions into required setbacks. These amendments would provide clarity, as well as
provide additional limitations to the amount of allowed intrusions for multi-family
developments and multi-family zones citywide.
3. Driveways and Parking Areas in the R-3 and R-4 Zones
: This amendment would apply to
development in R-3 and R-4 zones citywide, and generally limit the amount of paving and
parking in front and interior yards for developments not subject to the multi-family
S:\CMO\2012 Council Agendas\M120416\S1204161.doc
standards (typically duplexes or the addition of a dwelling on a developed lot). The multi-
family standards already include limitations regarding parking in required yards.
4. Garbage and Recycling Screening:
This amendment is proposed to apply citywide and
would allow garbage and recycling enclosures to be partially screened to address security
and safety issues by providing better visibility into the storage areas.
5. Compatible Transition between R-1 and R-3/R-4 zone boundaries in the South University
Area
: This amendment would apply in the south university area along the R-1 Low Density
Residential and R-3/R-4 zone boundary (located south of East 19th Avenue and north of
East 20th Avenue between Hilyard and Agate streets), and would require an additional
setback and a sloped setback for the R-3/R-4 properties.
6. Bicycle Parking:
These amendments would apply citywide and are intended to increase
flexibility and provide clarity regarding acceptable bike parking designs.
A more detailed description of the proposed amendments is provided in the attached summary (see
Attachment A).
Following initial public feedback, the formal public process on the proposed code amendments
began with a Planning Commission public hearing on December 13, 2011, where a total of six
people provided testimony. Subsequently, the Planning Commission conducted extensive
deliberations, and recommended unanimous approval of a package of land use code amendments.
The attached draft ordinance (Attachment B) represents the Planning Commission’s
recommendation for code amendments. Further details regarding the Planning Commission’s
discussion, along with a complete set of record materials, are available for review in a binder
located at the City Council Office and online at www.eugene-or.gov/codeamendments.
Findings in support of the Planning Commission’s recommendation for approval are included as
Exhibit F to the ordinance (Attachment B). The ordinance and findings, with any directed changes,
will be utilized in the event that the City Council votes to approve the proposal upon finding that it
complies with the applicable approval criteria.
RELATED CITY POLICIES
Findings addressing consistency with related City policies, including provisions of the Metro Plan
and applicable refinement plans, are included as an exhibit to the draft ordinance (Exhibit F of
Attachment B).
COUNCIL OPTIONS
No action is required at this time; however, options will be provided at the time of City Council
deliberations and action scheduled for May 14, 2012.
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CITY MANAGER’S RECOMMENDATION AND SUGGESTED MOTION
No recommendation or motion is suggested for the public hearing. A recommendation and
suggested motion will be provided for the City Council deliberations and action scheduled for
May14, 2012.
ATTACHMENTS
A.Summary of Amendments
B.Draft Ordinance and Findings
As noted above, a complete set of record materials are available for review in a binder located at the
City Council Office. This information is also available via www.eugene-or.gov/codeamendments.
FOR MORE INFORMATION
Staff Contact: Alissa Hansen
Telephone: 541/682-5508
Staff E-Mail: alissa.h.hansen@ci.eugene.or.us
S:\CMO\2012 Council Agendas\M120416\S1204161.doc
ORDINANCE NO. ________
AN ORDINANCE CONCERNING INFILL COMPATIBILITY STANDARDS
RELATED TO MULTI-FAMILY DEVELOPMENTS, MULTI-FAMILY ZONING,
GARBAGE AND RECYCLING SCREENING, AND BICYCLE PARKING; AND
AMENDING SECTIONS 9.0500, 9.2750, 9.2751, 9.3125, 9.3626, 9.5500,
9.6105, 9.6410, 9.6740, 9.6745, AND 9.8030 OF THE EUGENE CODE, 1971.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
Section 9.0500 of the Eugene Code, 1971, is amended by adding the
to provide as follows:
9.0500 Definitions
. As used in this land use code, unless the context requires otherwise,
the following words and phrases mean:
Balcony. A platform that typically projects from the wall of a building with or
without additional independent supports, surrounded by a railing, balustrade,
or parapet for protection, and accessed only from an upper-floor window or
door.
Section 2.
Section 9.2750 of the Eugene Code, 1971, is amended to provide as follows:
9.2750 Residential Zone Development Standards.
In addition to applicable provisions
contained elsewhere in this code, the development standards listed in this section
and in EC 9.2751 to EC 9.2777 shall apply to all development in residential zones.
In cases of conflicts, standards specifically applicable in the residential zone shall
apply.
The following Table 9.2750 sets forth the residential zone development standards,
subject to the special development standards in EC 9.2751.
Table 9.2750 Residential Zone Development Standards
(See EC 9.2751 Special Development Standards for Table 9.2750.)
R-1R-1.5R-2R-3R-4
Density (1)
Minimum Net Density per Acre
No--10 units20 units20 units
[(1)]Minimum
Maximum Net Density per Acre
14 units--28 units56 units112 units
[(1)]
Maximum Building Height (2), (3), (4), (5)
Main Building. Includes 30 feet35 feet35 feet50 feet120 feet
Secondary Dwellings Within
the Main Building.
Ordinance - Page 1 of 18
Table 9.2750 Residential Zone Development Standards
(See EC 9.2751 Special Development Standards for Table 9.2750.)
R-1R-1.5R-2R-3R-4
Accessory Building. Includes 20 feet 20 feet 25 feet 30 feet 30 feet
Secondary Dwellings
Detached from Main Building
(See EC 9.2741(2)(b) if
located within 20 feet of
property line.)
Minimum Building Setbacks (2),(4),(6),[(8),](9),(10),(11)
Front Yard Setback (excluding 10 feet 10 feet 10 feet 10 feet 10 feet
garages and carports)
Front Yard Setback for 18 feet -- 18 feet 18 feet 18 feet
Garage Doors and Carports
(12)
[(11)]
Interior Yard Setback 5 feet or -- 5 feet or 5 feet or 5 feet or
([excluding education, minimum minimum minimum minimum
government and religious of 10 feet of 10 feet of 10 feet of 10 feet
,
uses and buildings located on between between between between
Flag Lots in R-1 created afer buildings buildings buildings buildings
except
December 25, 2002]
where use, structure,
location is more specifically
addressed below
)(7)
Interior Yard Setback for 15 feet -- 15 feet 15 feet 15 feet
Education, Government and
Religious Uses.
Interior Yard Setback for 10 feet --
Buildings Located on Flag
Lots in R-1 Created After
December 25, 2002 (See EC
9.2775(5)(b))
Area-specific Interior Yard -- -- -- See (8) See (8)
Setback
Maximum Lot Coverage
All Lots, Excluding Rowhouse 50% of Lot 50% of Lot
Lots
Rowhouse Lots 75% of Lot 75% of Lot 75% of Lot 75% of Lot 75% of Lot
Outdoor Living Area [(12)]
(13)
--
Minimum Total Open Space 20% of 20% of 20% of
dev. site dev. Site dev. Site
Fences [(13)]
(14)
(Maximum Height Within 6 feet 42 inches 6 feet 6 feet 6 feet
Interior Yard Setbacks)
(Maximum Height within Front 42 inches 42 inches 42 inches 42 inches 42 inches
Yard Setbacks)
Driveways and Parking Areas (15)
General Standards -- -- -- See (15) See (15)
Ordinance - Page 2 of 18
Section 3.
New subsections (8) and (15) are added to Section 9.2751 of the Eugene
Code, 1971, to provide as follows; subsections (8) through (13) are renumbered to (9) through
(14); and subsection (14) is amended as follows:
9.2751 Special Development Standards for Table 9.2750.
8) For R-3 and R-4 zoned properties located in the area bound by Hilyard
(
th
Street to the west, Agate Street to the east, East 19 Avenue to the north
th
and East 20 Avenue to the south and that are abutting or across an
alley from R-1 zoned property:
(a) The interior yard setback shall be a minimum of 10 feet from the
property line abutting or across an alley from R-1 zoned property;
and
(b) At a point that is 25 feet above finished grade, the setback shall
slope at the rate of 7 inches vertically for every 12 inches
horizontally away from the property line abutting or across an alley
from R-1 zoned property until a point not to exceed allowable
building height at EC 9.2751(3)(b).
The allowances for setback intrusions provided at EC 9.6745(3) do not
apply within the setback described in (a) and (b) above, except that
eaves and chimneys are allowed to project into this setback no more
than 2 feet. (See Figure 9.2751(8))
(13)Fences.
4
(a) Types. The type of fence (including walls or screens) used is subject to
specific requirements stated in the landscape standards beginning at
EC 9.6200 Purpose of Landscape Standards. The standards apply to
walls, fences, and screens of all types including open, solid, wood,
metal, wire, masonry or other material. Use of barbed wire and electric
fencing is regulated in EC 6.010(d) Fences.
(b) Location and Heights.
1. Fences up to 42 inches in height are permitted within the required
front yard setback. For corner lots or double frontage lots, a fence
between 42 inches and 6 feet in height is permitted within one of
the two front yard setbacks, so long as for corner lots, this fence
cannot extend past a line created by an extension of the front wall
(See Figure 9.2751[(13)](b)1.)
(14)
of the dwelling.
2. Fences up to 6 feet in height are permitted within the required
interior yard setback.
3. The height of fences that are not located within the required
setback areas is the same as the regular height limits of the zone.
4. Fences must meet the standards in EC 9.6780 Vision Clearance
Area.
(15) Driveways and Parking Areas in R-3 and R-4. Except for development
subject to the Multi-Family Development standards at EC 9.5500, the
following standards apply when a new dwelling or new parking area
serving residential uses is created in the R-3 or R-4 zones.
(a) Except for corner lots, a lot may have no more than one driveway
accessed from a street. For corner lots, one driveway on each
street frontage may be provided if allowed per EC 9.6735.
Ordinance - Page 3 of 18
(b) Abutting lots may share a driveway provided such a driveway is
allowed under Chapter 7 of this code. When shared driveways are
provided, no additional driveways are permitted on that street
frontage for either lot sharing the driveway.
(c) Except for a driveway and associated parking area shared by two
adjoining , no driveway or associated
parking area shall be located in the interior yard setback adjacent
to a property line, except in an interior yard setback that is
adjacent only to an alley.
(d) Consistent with the standards in this subsection, a driveway and
associated parking area may be located between any structure and
the street or alley.
(e) When a driveway and associated parking area is provided from an
alley, the driveway and associated parking area shall not extend
further than the street facing façade of the building closest to the
street.
(f) Except for shared driveways and as provided in (h) below, when a
driveway and associated parking area is accessed from a street,
the driveway and associated parking area shall not exceed 22 feet
in width. Shared driveways and associated parking areas shall not
exceed 24 feet in width.
(g) Except as provided in (h) below, a driveway and associated parking
area accessed from a street shall be a minimum of 18 feet in depth
and a maximum of 33 feet in depth, measured from the front lot
line. The driveway and associated parking area shall be
perpendicular to the adjacent street.
(h) When a parking area is provided behind the structure and
accessed from a street, the driveway shall be perpendicular to the
street until it serves the associated parking area and shall not
exceed 20 feet in width.
(i) All portions of required front yard setbacks not otherwise covered
by a legal driveway shall be landscaped and maintained with living
plant material, except that a pedestrian path, not to exceed 4 feet in
width, may be allowed from the street to the entrance of a dwelling.
The pedestrian path shall be separated from any vehicle use areas
by a minimum of 3 feet. The area between the vehicle use area and
the pedestrian path shall be landscaped and maintained with living
plant material.
(j) No parking shall occur in the landscaped portion of the required
front yard setback.
(See Figure 9.2751(15))
Section 4.
The following entries in Table 9.3125 of the Eugene Code, 1971, are
amended to provide as follows:
9.3125 S-CN Chase Node Special Area Zone Development Standards.
Ordinance - Page 4 of 18
Table 9.3125(3)(g) S-CN Chase Garden Node
Special Zone Development Standards
(See EC 9.3126 Special Development Standards for Table 9.3125(3)(g).)
CHDR/MUHDR
Fences - Maximum Height
Front Yard (See EC 42 inches (See 42 inches
9.2171(9)) EC (See EC
(14)
9.2751(13)) 9.2751(13)
(14)
Interior Yard (See EC 6' (See EC 6' (See EC
9.2171(9)) 9.2751(13)9.2751(13)
(14)(14)
)
Section 5.
Subsections (7) and (8) of Section 9.3626 of the Eugene Code, 1971, are
amended to provide as follows:
9.3626 Special Development Standards for Table 9.3625.
(7) Common and Private Open Space. (See Figure 9.3626(7))
.
(a) All developments of three or more dwellings (as calculated under EC
9.3626(1) shall include common or private open space, or a combination
thereof, that equals or exceeds the greater of the following two areas:
1. 20% of the development site area.
2. 25% of total living area.
(b) Any common open space intended to meet the requirements of this
subsection (7) may include only those the areas listed under EC
1.a. and b.
9.5500(9)(a)[(1) and (2)] No indoor area may be counted as
common open space.
1. The minimum area for any common open space shall be 250
square feet.
2. The boundaries of any area counted as common open space must
be sufficient to encompass a square with 15 foot sides.
(c) Any private open space intended to meet the requirements of this
subsection (7) shall be consistent with EC 9.5500(9)(b).
(d) An open space credit shall be allowed consistent with EC
(a)2.e.with minimum
9.5500(9)[(c)2] for qualifying setback areas
dimensions of 15 feet by 15 feet
. The EC 9.5500(9)(c)[1] credit for
public parks is not allowed.
(8) Fences.
(a) Types. The type of fence (including walls or screens) used is subject to
specific requirements stated in the landscape standards beginning at
EC 9.6200 Purpose of Landscape Standards. The standards apply to
walls, fences, and screens of all types including open, solid, wood,
metal, wire, masonry or other material. Use of barbed wire and electric
fencing is regulated in EC 6.010(d) Fences.
(b) Location and Heights.
1. Fences up to 42 inches in height are permitted within the required
front yard setback. For corner lots or double frontage lots, a fence
between 42 inches and 6 feet in height is permitted within one of
the two front yard setbacks, so long as for corner lots, this fence
Ordinance - Page 5 of 18
cannot extend past a line created by an extension of the front wall
(See Figure 9.2751[(13)](b)1.)
(14)
of the dwelling.
2. Fences up to 6 feet in height are permitted within the required
interior yard setback.
3. The height of fences that are not located within the required
setback areas is the same as the regular height limits of the zone.
4. Fences must meet the standards in EC 9.6780 Vision Clearance
Area.
Section 6.
Subsection (9) of Section 9.5500 of the Eugene Code, 1971, is amended to
provide as follows:
9.5500 Multiple-Family Standards.
(9) Open Space.
Open space that complies with Table 9.5500(9) and the
standards in this subsection (9) shall be provided unless exempt under other
Required open space may be provided as
provisions of this land use code.
common open space, or as a combination of common and private open
spaces.
Table 9.5500(9) Open Space Requirements
Minimum Area Combined Common and Private Open Space
The greater area determined by the following percentages for the zone must be provided on the
development site.
[All development sites shall contain a minimum of 400 square feet of Common Open Space.]
Zone R-1 R-2 R-3 R-4 C-1 C-2 C-3 GO [Other Non-
Residential]
All Other
Zones
Percent of the 20% 20% 20% 20% 20% 20% [2020% 20%
Development Site %]
N/A
Percent of Liv[e]able 25% 25% 15% 15% 25% 15% [1515% 15%
Floor Area %]
N/A
Minimum Density for Exemption from Open Space Requirements by Zone
Zone R-1 R-2 R-3 R-4 C-1 C-2 C-3 GO [Other Non-
Residential]
All Other
Zones
N/A
Dwelling Units Per [12] [23] [45] [90] 23 45 [45] 45 45
N/AN/AN/AN/A
Net Acre
(a) Common Open Space. All development sites shall contain a
minimum of 400 square feet of common open space. A minimum
of 20-percent of the total provided common open space shall be
living plant material.
1.
[(a)] Common open space may include any of the following:
a.
[1.] Outdoor areas incorporating:
(1)to be used for active or
a. Lawn or hard surfaced areas
passive recreation
in which user amenities such as
Ordinance - Page 6 of 18
planters,
trees, shrubs, pathways, tables, benches or
drinking fountains have been placed.
(2)
b. Ornamental or food gardens.
(3)
c. Developed and equipped adult recreation areas.
(4)
d.
(5)
e. Sports courts (tennis, handball, volleyball, etc.).
(6)
f. Swimming pools, spas and adjacent patios and decks.
(7)
g. Roof terraces.
(8)
h. Picnic areas.
(9)Patios
i. [Covered, but unenclosed, patios].
(10) Porches with floors no more than 30 inches above
grade.
(11)
j. Internal courtyards.
b.
[2.] Common open space may also include up to 30% of the
required area in natural resource areas, such as steep
slopes greater than 25%, forested areas, conservation areas
and delineated wetlands.
c.
[3.] Up to 30% of common open space may be located in indoor
recreation areas fitted with game equipment, work-out
equipment, court sports facilities, swimming pools, plant
greenhouse, wood shop, or other designated project or
game equipment, if the facility conforms to the following
standards:
(1)
a. The minimum area of any single space shall be [250]
225
square feet, with no dimension being less than 15
feet.
(2)
b. Interior common open space shall be at least 10 feet
/or
in floor to ceiling height; glazed window and skylight
areas shall be provided in the proportion of 1 square
foot for each 4 square feet of the floor area of the
common space.
(3)
c. The space shall be accessible from a common lobby,
courtyard or exterior common open space.
2. Outdoor common open space shall comply with all of the
following:
a. single outdoor
[4.]The minimum area for any common open
225
space shall be [250] square feet.
b. At least one area of outdoor common open space shall
be a minimum of 15 feet by 15 feet.
c. sportion of outdoor
[5.]The minimum dimension for any
in the front yard setback
common [outdoor] open space
at least by 15 feetThe minimum
shall be 15 feet .
dimensions for any other portion of outdoor common
open space shall be at least 10 feet by 10 feet.
d. For development in the area identified in Map
9.5500(9)(a)2.d. University Area R-3 and R-4 Zoning,
common outdoor open space must abut a front lot line
for a minimum length of 20 percent of the total lot
frontage. For lots with frontage on more than one
street, this standard only applies along one street
frontage.
Ordinance - Page 7 of 18
e. Required setback areas and areas required to comply
with perimeter parking lot landscape standards may be
applied toward the minimum open space requirements
when the minimum dimensions of such space meets the
standards above in (a)-(c).
f. Outdoor common open spaces shall not be used as
parking areas.
(See Figure 9.5500(9)(a)2.)
3. Outdoor common open spaces shall not be used as parking
areas.
(b) Private Open Space. Private open space is outdoor space directly
a
adjacent to dwelling unit[s] providing an outdoor area for private use
of the dwelling unit
by the occupants . Private open space, where
provided, shall meet the minimum standards in the following Table
9.5500(9)(b).
Table 9.5500(9)(b): Minimum Private Open Space Sizes
LocationMinimum AreaMinimum Dimension
Ground Level 100 square feet 10 feet
20 square feet 4 feet
Balcony [none][None]
Roof Terrace 100 square feet 8 feet
1. Balconies located within 20 feet of property zoned R-1 shall
not be counted as private open space.
2. To be counted toward the minimum required, private open
space may be covered, but cannot be enclosed. Private open
space is considered enclosed when the space between a
floor, decking, or ground level and a roof structure has more
than three sides taller than 42 inches in height.
3.Ground level p
[1.] [Privacy Requirements.][P]rivate open space shall
private
be screened or buffered from adjacent open space and
Such screening or
dwellings by landscape, fencing or partitions.
buffering shall be a minimum of 30 inches in height.
4. p
Ground level [P]rivate open space shall be physically [and
outdoor
visually] separated from common open space by [fence]
fencing
or landscaping meeting the EC 9.6210(2) Low Screen
Landscape Standard (L-2).
(c) Open Space Credit.
[1.] An open space credit, not to exceed 25 percent of the total open
space requirement, may be applied toward compliance with that
requirement, for developments that are located within one-quarter
mile of a public park as measured along the route of the shortest
existing public way or private street.
[2. Required setback areas and areas required to comply with
perimeter parking lot landscape standards may be applied toward
the minimum open space requirements when the minimum
dimension of such space is 15 feet or greater.]
Except for the amount of open space
(d) Criteria for Adjustment.
required per Table 9.5500(9), Open Space Requirements,
a.
[A]djustments to the standards in this subsection may be made[,]
Ordinance - Page 8 of 18
Adjustments shall be
based on the criteria of EC 9.8030(8)(c).
Section 7.
Table 9.6105(4) is renumbered to Table 9.6105(5), with no other changes to
the Table. The remainder of Section 9.6105 of the Eugene Code, 1971, is amended, to provide
as follows:
9.6105 Bicycle Parking Standards.
(1) Exemptions from Bicycle Parking Standards.
The following are exempt
from the bicycle parking standards of this section:
(a) Site improvements that do not include bicycle parking improvements.
(b) Building alterations.
(c) Drive-through only establishments.
(d) Temporary activities as defined in EC 9.5800 Temporary Activity Special
Development Standards.
(6)
(e) Bicycle parking at Autzen Stadium Complex (see EC 9.6105[(5)]
Autzen Stadium Complex Bicycle Parking Standards).
(2) Bicycle Parking Space Standards.
The minimum required number of bicycle parking spaces for each
(a)
use category is listed in EC 9.6105(5) Minimum Required Bicycle
Parking Spaces.
A minimum of 4 bicycle parking spaces shall be
, unless no spaces are required by
provided at each development site
Table 9.6105(5)
.
Bs
(b) [A] [b]icycle parking space required by this land use code shall
comply with the following:
1. Perpendicular or diagonal spaces shall
be at least 6 feet long
and 2 feet wide with an overhead clearance of at least 7 feet, and
with a 5 foot access aisle. This minimum required width for a
bicycle parking space may be reduced to 18" if designed using a
Figure 9.6105(2) Bicycle Parking
hoop rack according to
Standards
.
2.
Bicycles may be tipped vertically for storage, but not hung above
the floor. [Bicycle parking shall be provided at ground level unless
an elevator is easily accessible to an approved bicycle storage
Such vertical parking spaces shall be at least 2 feet
area.]
wide, 4 feet deep, and no higher than 6 feet, and have a 5 foot
access aisle.
3. Except pie-shaped lockers, bicycle lockers shall be at least 6
feet long, 2 feet wide and 4 feet high, and have a 5 foot
access aisle.
4. Pie-shaped bicycle lockers shall be at least 6 feet long, 3 feet
wide at the widest end, and 4 feet high, and have a 5 foot
access aisle.
[(c) All required long term bicycle parking spaces shall be sheltered from
precipitation. Shelters for short term bicycle parking shall be provided in
the amounts shown in Table 9.6105(2)(c) Required Sheltered Bicycle
Parking Spaces.
Table 9.6105(2)(c) Required Sheltered Bicycle Parking Spaces
Ordinance - Page 9 of 18
Short Term Bicycle Parking Percentage of Sheltered Spaces
Requirement
5 or fewerNo shelter required
6 to 10100% of spaces sheltered
11 to 2950% of spaces sheltered
30 or more25% of spaces sheltered]
(c) With the exception of individual bicycle lockers, enclosures or
rooms, long term and short term bicycle parking shall consist of a
securely fixed structure that supports the bicycle frame in a stable
position without damage to wheels, frame, or components and that
allows the frame and both wheels to be locked to the rack by the
bicyclist's own locking device.
(d) Areas devoted to required bicycle parking spaces shall be hard
surfaced with concrete, compacted asphaltic concrete mix, pavers
or an equivalent. All racks and lockers shall be securely anchored
to such surface.
e
(d) Direct access from the bicycle parking area to the public right-of-way
shall be provided with access ramps, if necessary, and pedestrian
access from the bicycle parking area to the building entrance.
(3) Bicycle Parking Location and Security.
Long Term
(a) Long term bicycle parking required in association with a commercial,
industrial, or institutional use shall be provided in a well-lighted, secure
, sheltered from precipitation and
locationwithin a convenient distance
of a main entrance. A secure location is defined as one in which the
bicycle parking is:
1. A bicycle locker,
or
2. A lockable bicycle enclosure,
with racks complying with
3. Provided within a lockable room
space standards at EC 9.6105(2).
[, or
4. Clearly visible from, and within 30 feet of
station.]
(b)
[Bicycle parking provided in outdoor locations shall not be farther than
the closest automobile parking space (except disabled parking).] Long
term bicycle parking required in association with a multiple-family
residential use shall be provided in a well-lighted, secure [ground level]
sheltered from precipitation, and
location within a convenient distance
of an entrance to the residential unit. A secure location is defined as
one in which the bicycle parking is provided outside the residential unit
:
within
1. A lockable ;
[a]garage[,]
2. A serving multiple dwelling units with racks
[a]lockable room
complying with space standards at EC 9.6105(2);
[,]
3. A lockable room serving only one dwelling unit;
4. A ;
[a]lockable bicycle enclosure[,]or
5. A
[a]bicycle locker.
[(b) Short term bicycle parking shall consist of a securely fixed structure that
supports the bicycle frame in a stable position without damage to
wheels, frame, or components and that allows the frame and both
wheels to be locked to the rack by the bicyclist's own locking device.
The required spaces for each use category are listed in EC 9.6105(4)
Ordinance - Page 10 of 18
Minimum Required Bicycle Parking Spaces.]
(c) Long term bicycle parking shall be provided at ground level unless
a ramp no less than 2 feet in width or an elevator with a minimum
depth or width of 6 feet is easily accessible to an approved bicycle
parking area. If bicycle parking is provided on upper floors, the
number of required spaces provided on each floor cannot exceed
the number of spaces required for the use on that floor as per
Table 9.6105(5).
(4) Short Term Bicycle Parking Location and Security.
(a) :
Short term bicycle parking shall be provided
1. Outside a building;
2. At the same grade as the sidewalk or at a location that can be
reached by a bike-accessible route; and
3. W
[w]ithin a convenient distance of, and clearly visible from the
main entrance to the building as determined by the city, but it shall
not be farther than the closest automobile parking space (except
disabled parking).
(b) Short term bicycle parking may project into or be located within a
public right-of-
permit under Chapter 7 of this code.
(c) Shelters for short term bicycle parking shall be provided in the
amounts shown in Table 9.6105(4)(c) Required Sheltered Bicycle
Parking Spaces.
Table 9.6105(4)(c) Required Sheltered Bicycle Parking Spaces
Short Term Bicycle Parking Percentage of Sheltered Spaces
Requirement
5 or fewer No shelter required
6 to 10 100% of spaces sheltered
11 to 29 50% of spaces sheltered
30 or more 25% of spaces sheltered
(4) Minimum Required Bicycle Parking Spaces.
5
The minimum required
number of bicycle parking spaces shall be calculated according to Table
(5)
9.6105[(4)] Minimum Required Bicycle Parking Spaces.
(5) Autzen Stadium Complex Bicycle Parking Standards.
6
(a) So long as a city-approved intergovernmental agreement incorporating
a transportation demand management plan for Autzen Stadium complex
is in effect:
1. A minimum of 150 permanent bicycle parking spaces are required
to be provided to accommodate employees of the Autzen Stadium
complex, athletes using the complex, and visitors to the complex.
Twenty-five percent (25%) of those spaces shall be sheltered from
precipitation. The permanent bicycle parking spaces shall be
provided in a well-lighted, secure location within a convenient
distance of a primary employee entrance to either Autzen
Stadium, the Casanova Center, or the Moshofsky Center. A
secure location is defined as one in which the bicycle parking is
clearly visible from employee work areas, or in which the bicycle
parking is provided within a lockable room, a lockable bicycle
Ordinance - Page 11 of 18
enclosure, or a bicycle locker. Bicycle parking provided in outdoor
locations shall not be farther than the closest employee auto
parking space (except disabled parking).
2. Secured temporary bicycle parking that will accommodate a
minimum of 550 temporary bicycle parking spaces is required for
each major event occurring within Autzen Stadium to
accommodate major stadium event patrons. Temporary bicycle
parking shall be provided in temporary attended areas as
described in the approved Autzen Stadium transportation demand
management plan.
(b) If the above referenced intergovernmental agreement is not in effect, the
Autzen Stadium Complex shall be required to provide 1 bicycle space
per each 16 seats, with 20% of the spaces provided being long term
parking spaces and 80% being short term parking spaces.
Section 8.
Subsection (1)(b) of Section 9.6410 of the Eugene Code, 1971, is amended to
provide as follows:
9.6410 Motor Vehicle Parking Standards.
(1) Location of Required Off-Street Parking Spaces.
Required off-street
parking shall be on the development site or within 1/4 mile or 1320 feet of the
development site that the parking is required to serve.
Except as provided in EC 9.2751(15)(c) Driveways and Parking
(b)
Areas in R-3 and R-4,p
[P]arking areas may be located in required
setbacks only as permitted in EC 9.6745 Setbacks - Intrusions
Permitted.
Section 9.
Section 9.6740 of the Eugene Code, 1971, is amended to provide as follows:
9.6740 Recycling and Garbage Screening.
Except for one- and two-family dwellings,
outdoor storage areas and refuse collection areas within or adjacent to vehicular
use areas shall be screened on all sides so that materials stored within these areas
are obscured
[shall not be visible] from streets, accessways, or adjacent properties.
[Such uses shall not be permitted within required landscaping areas. Required
screening shall comply with EC 9.6210(6) Full Screen Fence Landscape Standard
(L-6).]
(1) Outdoor storage areas and refuse collection areas are prohibited within
required minimum or maximum front yard setbacks or required
landscaping areas.
(2) Required screening shall include the installation and maintenance of
fences at least 6 feet high with a maximum height of 8 feet.
(3) Fences may be made of wood, metal, masonry, or other permanent
materials, and shall be 100 percent site-obscuring except as provided in
(4) and (5) below.
(4) On the pedestrian entrance, the fence shall be at least 50 percent site-
obscuring, such as cyclone fencing with slats.
(5) On all sides of the screening structure, up to 12 inches measured from
grade may be visually unobscured provided that the unobscured area is
Ordinance - Page 12 of 18
covered with a material that contains the debris within the structure,
such as cyclone fencing.
Section 10.
Subsections (3), (6), (7), and (8) of Section 9.6745 of the Eugene Code,
1971, are amended to provide as follows:
9.6745 Setbacks-Intrusions Permitted.
(3) Projecting Building Features.
Except as provided in subsection (c) of this
(a) One Story Structures.
section, t
[T]he following building features may project into the required
front yard setback no more than 5 feet and into the required interior yard
setback no more than 2 feet; provided, that such projections are at least
8 feet from any building on an adjacent lot:
1. Eaves, cornices, belt courses, sills, awnings, buttresses or other
similar features.
bays,
2. Chimneys, fireplaces, and bay windows, provided they do
The maximum frequency of bays or
not exceed 8 feet in width.
bay windows is one per 15 feet of building façade.
3. Porches, platforms or landings with roofs which do not extend
above the level of the first floor of the building.
Except as provided in
(b) Multiple Story Structures (2 or more floors).
subsection (c) of this section, f
[F]or multiple-story buildings, portions
of buildings that may project into required front yard setbacks no more
than 5 feet and into the required interior yard setback no more than 2
feet, provided such projections are at least 8 feet from any building on
an adjacent lot, include:
1. Eaves, cornices, belt courses, sills, awnings, buttresses or other
similar features.
2. Chimneys and fireplaces, provided they do not exceed 8 feet in
width.
Pgreater deep
3. [Open p]orches no [deeper] than 10 feet and no
measured from grade
higher than 15 feet may project into
front yard setbacks
required [yards that abut streets].
and bay windows
4. Bays no greater than 3 feet deep and 10 feet
in width measured from the
[long] and no higher than 25 feet
exterior base of the bay or bay window to the peak of the bay
or bay window
may project into required [yards that abut
front yard setbacks
streets]. The maximum frequency of such
or bay windows street facing
bays is one [bay] per 15 feet of
facade
building [street frontage].
5. Bays and bay windows no greater than 8 feet in width and no
higher than 25 feet measured from the exterior base of the
bay or bay window to the peak of the bay or bay window may
project into required interior yard setbacks along a public
alley. The maximum frequency of such bays or bay windows
is one per 15 feet of alley facing building façade.
6.no greater than
[5.] Balconies [with a maximum depth of] 10 feet
deep front
are permitted to project into required yard[s that abut
setbacks
streets].
Ordinance - Page 13 of 18
[6. Bay windows cantilevered from the first floor, provided they do not
exceed 8 feet in width.]
(c) For all multi-family developments and for all residential
developments in R-3 and R-4 zones, portions of buildings that may
project into required front yard setbacks no more than 5 feet and
into the required interior yard setback no more than 2 feet,
provided such projections are at least 8 feet from any building on
an adjacent lot, include:
1. Eaves, cornices, belt courses, sills, awnings, buttresses or
other similar features.
2. Chimneys and fireplaces, provided they do not exceed 8 feet
in width.
3. Porches no less than 7 feet deep, as measured from the
leading edge of the structure, and no higher than 15 feet
measured from grade may project into required front yard
setbacks.
4. Bays and bay windows no greater than 3 feet deep and 10
feet in width and no higher than 25 feet measured from the
exterior base of the bay or bay window to the peak of the bay
or bay window may project into required front yard setbacks.
The maximum frequency of such bays or bay windows is one
per 15 feet of street facing building facade. Bays shall not
include doors.
5. Bays and bay windows no greater than 8 feet in width and no
higher than 25 feet measured from the exterior base of the
bay or bay window to the peak of the bay or bay window may
project into required interior yard setbacks along a public
alley. The maximum frequency of such bays or bay windows
is one per 15 feet of alley facing building façade. Bays shall
not include doors.
6. Balconies no greater than 10 feet deep are permitted to
project into required front yard setbacks.
7. The maximum length of all porches, bays, bay windows, and
balconies intruding in the required front yard front setback is
limited to no more than 50 percent of the length of the street
facing building façade on each floor.
d
(c) Signs conforming to all other applicable provisions of this code.
Freestanding signs 5 feet high or less are allowed in the front yard
setback when located at least 5 feet from the front property line.
(6) Driveways.
Except as provided in EC 9.2751(15)(c) Driveways and
Parking Areas in R-3 and R-4, i
[I]n any zone, driveways or accessways
providing ingress and egress to or from parking spaces, parking areas,
parking garages, or structured parking shall be permitted, together with any
appropriate traffic control devices, in any required setback.
(7) Parking Spaces in Required Setbacks.
Except as provided in EC 9.2751(15) Driveways and Parking Areas
(a)
in R-3 and R-4,i
[I]n areas with a broad zone category of residential, as
depicted in Table 9.1030 Zones, parking in required front and interior
yard setbacks is permitted with the following restrictions:
Ordinance - Page 14 of 18
1. Parking spaces in required front yard setbacks are permitted in
conjunction with a one family dwelling, secondary dwelling, or
duplex, provided the parking spaces are located on driveways.
2. For lots and parcels with at least 50 feet of frontage, driveways
shall cover a maximum of one-half of the area in the required front
yard setback. All portions of required front yard setbacks not
otherwise covered by legal driveways shall be landscaped and
maintained.
3. Within the required front yard setback, recreational vehicles,
boats, boat trailers, and other vehicles not in daily use, may only
be parked on the paved driveway portion of the required front yard
setback. No parking shall occur in the landscaped portion of the
required front yard setback. These vehicles not in daily use, are
allowed to park in the front setback for not more than 48
consecutive hours.
4. Recreational vehicles, boat trailers, and other vehicles not in daily
use, are permitted to be located in the required interior yard
setbacks.
(b) In areas with the broad zone category of commercial or industrial, as
depicted in Table 9.1030 Zones, except for the C-1, C-2 and I-1 zones,
parking spaces and parking areas are permitted in any required interior
yard setback.
(8) Utilities.
Structures necessary for the operation and maintenance of public
and private utilities may be located in required front setbacks and interior
s
setbacks, provided these structure are screened as [required by EC 9.6740
per EC 9.6210(6) Full Screen Fence
Recycling and Garbage Screening,]
Landscape Standard (L-6)
and provided vision clearance is maintained in
accordance with the requirements of EC 9.6780 Vision Clearance Area.
Exceptions shall be made for such features as transformers, back flow
prevention devices and closures, which already have a low visual impact.
Section 11.
Subsection (8) 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.
(8)Multiple-Family Standards Adjustment.
Where this land use code provides
that the multiple-family standards may be adjusted, the standards may be
adjusted upon finding that the design achieves all of the following:
(a) Maximum Building Dimension. The requirements set forth in EC
9.5500(6)(a) may be adjusted if the proposal creates building massing
and/or facades that:
1. Create a vibrant street facade with visual detail.
2. Provide multiple entrances to building or yards.
(b) Building Articulation. The requirements set forth in EC 9.5500(7) may
be adjusted if the proposed building design:
1. Utilizes architectural masses, features or details to distinguish
Ordinance - Page 15 of 18
elements of the building.
2. Defines entryways in appropriate scales.
, except for
(c) Open Space. The requirements set forth in EC 9.5500(9)
the amount of open space required per Table 9.5500(9) Open Space
Requirements,
may be adjusted if the [proposal will achieve better
overall compliance with the purpose of the open space standards than
applicant
what would result from strict adherence to the standards.]
demonstrates consistency with all of the following:
1. The requested adjustment will allow the project to achieve an
equivalent or higher quality design of open space than would
result from strict adherence to the standards through:
a. Enhanced public and private spaces that contribute
positively to the site, streetscape, and adjoining
properties. Design elements for this purpose may
include high quality materials, outdoor seating,
enhanced pedestrian space, pedestrian-scaled lighting,
canopy trees and other landscape materials and other
user amenities; and
b. An overall site design that promotes safety, security
and privacy, and reduces visual, noise, and lighting
impacts of development on adjacent properties.
2. When abutting property is zoned R-1 Low-Density
Residential, the design provides an appropriate combination
of setbacks, landscaping and screening to buffer between the
multiple family development and the adjacent Low-Density
Residential zone.
(d) Block Requirement. The requirements set forth in EC 9.5500(10) may
be adjusted if the proposal achieves at least one of the following:
1. Provides an equivalent or greater degree of vehicular and
pedestrian circulation.
2. Traditional block patterns that reduce the apparent scale of large
developments by breaking the site up into smaller land units.
(See also EC 9.6810 Block Length.)
(e) Site Access and Internal Circulation. The requirements set forth in EC
9.5500(11) may be adjusted in accordance with the criteria in this
subsection. In the case of an adjustment, all of the following standards
apply:
1. Sidewalks may be designed as curbside walks only along those
portions of the private streets providing parallel on-street parking.
2. Street trees may be placed in tree wells or adjacent to the
sidewalk.
(f) Vehicle Parking. The requirements set forth in EC 9.5500(12) may be
adjusted if the proposal achieves to the same degree as would strict
compliance with the standards all of the following:
1. Limitations on the use of continuous parking drives in large-scale
multiple-family developments.
2. Limitations on the size of individual parking lots in multiple-family
development.
3. Minimal negative aspects of parking uses in multiple-family
developments.
Where cost considerations preclude parking beneath or within
Ordinance - Page 16 of 18
residential buildings, combinations of partial and interrupted parking
drives; on-street parking; and small, dispersed parking courts are an
acceptable alternative.
Section 12.
Figure 9.2751(8) is adopted as reflected on Exhibit A attached to this
Ordinance.
Section 13.
Figure 9.2751(13)(b)1. is relabeled as Figure 9.2751(14)(b)1. as reflected on
Exhibit B attached to this Ordinance.
Section 14
. Figure 9.2751(15) is adopted as reflected on Exhibit C attached to this
Ordinance.
Section 15
. Map 9.5500(9)(a)2.d. is adopted as reflected on Exhibit D attached to this
Ordinance.
Section 16.
Figure 9.5500(9)(a)2. is adopted as reflected on Exhibit E attached to this
Ordinance.
Section 17.
The findings set forth in Exhibit F attached to this Ordinance are adopted as
findings in support of this Ordinance.
Section 18.
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.
Section 19.
If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portions hereof.
Passed by the City Council this Approved by the Mayor this
___ day of _______________, 2012 ____ day of _______________, 2012
Ordinance - Page 17 of 18
____________________________ _____________________________
City Recorder Mayor
Ordinance - Page 18 of 18
Figure
Interior Yard Setbacks
9.2751 (8)
in R-3 and R-4
in South University
* Remainder of site is subject
to building height at EC
10’- 0”
9.2751 (3) and setbacks at
Interior Yard Setback
Table 9.2750
Finished Grade
R-1 Zoned Property
R-3 or R-4 Zoned Property
*IRGIW
*IIX
*SVGSVRIVPSXW
JIRGIWYTXSvMR
LIMKLXEPPS[IH
[MXLMRSRIJVSRX
]EVHWIXFEGOWS
PSRKEWXLIJIRGI
HSIWRSXI\XIRH
TEWXEPMRI
GVIEXIHF]ER
I\XIRWMSRSJXLI
FEGO[EPPSJXLI
([IPPMRK
H[IPPMRK
MRGLJIRGI
TIVQMXXIH
[MXLMRJVSRX
]EVHWIXFEGO
*VSRX=EVH7IXFEGO
Figure
Driveways and Parking Areas in
9.2751 (15)
R-3 and R-4
Alley
5’- 0”
No
Setback
Parking Allowed
Parking
5’- 0”
5’- 0”
Interior
Interior
No
Setback
Setback
Parking
5’- 0”5’- 0”
InteriorInterior
SetbackSetback
No
Parking
Structure
No
Parking
Living
Plant
Material
4’ 0”3’ 0”22’- 0” MAX
Pedestrianmin.Driveway
PathWidth
Street
Map9.5500(9)(a)2.d.
UniversityAreaR3andR4Zoning
Area subject to EC 9.5500(9)(a)2.d.
Multi-Family
Figure
9.5500 (9)(a)2.
Common Open Space
Example A
Alley
5’- 0”5’- 0”
InteriorInterior
SetbackSetback
10’- 0”
Minimum
Open
Structure and
Space
Parking
Dimension
10’- 0”
Minimum
Dimension
15’ x 15’
Square
Street
15’ 0”
Minimum 20% of
Street Frontage
6IUYMVIHJSV9RMZIVWMX]%VIE
TIV)'
E
H
Example B
5’- 0”
5’- 0”
InteriorInterior
SetbackSetback
15’ x 15’
Square
Structure and Structure and
ParkingParking
10’- 0”
Minimum
Dimension
Street
EXHIBIT F
Findings of Consistency
Infill Compatibility Standards for Multi-Family Developments
(City File CA 11-2)
Summary
The findings below address the required approval criteria from the Eugene Code for land use code
amendments and cover the following topics:
Multi-Family Open Space Standards
Allowed Intrusions in Required Setbacks
Driveways and Parking Areas in the R-3 and R-4 Zones
Garbage and Recycling Screening
Compatible Transition between R-1 and R-3/R-4 zone boundaries in the South University Area
Bicycle Parking Standards
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 ensure the opportunity for citizens
to be involved in all phases of the planning process and set out requirements for such involvement.
The process for adopting these amendments rovided
numerous additional opportunities for interested parties to participate in development of the
amendments. The majority of these topics came directly from recommendations of the Infill
Compatibility Standards Project, which represented a diverse range of interests, including
neighborhood associations, the development community, and affordable housing advocates. A
subcommittee devoted to multi-family development completed substantial work developing proposals
and recommending draft code that largely informed these amendments.
Prior to the start of the formal adoption process, the proposals were sent out for broad public
feedback to over 175 individuals that are involved in a group or profession associated with
neighborhood livability and infill, including neighborhood leaders, architects, designers and developers
of multi-family developments, Infill Compatibility Standards ,
Envision Eugene Community Resource Group, Opportunity Siting Task Team, and bicycle advocates.
. Additionally, public comment
was received at the Planning Commission work sessions prior to the hearing.
The Planning Commission public hearing on the proposal was duly noticed all neighborhood organizations,
community groups and individuals who have requested notice, as well as to the City of Springfield and
Lane County. In addition, notice of the public hearing was also published in the Register Guard. The City
Council 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 proposed 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.
The Eugene Land Use Code specifies the procedure and criteria that are to be used in considering these
amendments to the code. The record for these amendments includes substantial factual information
supporting the proposed ordinance. 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. 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.
These 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
Findings of Consistency (CA 11-2) 2 of 10
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
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.
Goal 6 addresses waste and process discharges from development, and is aimed at protecting air,
water and land from impacts from those discharges. These amendments to not affect the Citys ability
to provide for clean air, water or land resources. Therefore, the amendments are 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, land slides, earthquakes and related hazards, tsunamis
and wildfires. Goal 7 prohibits a development in natural hazard areas without appropriate safeguards.
These amendments do not affect the Citys restrictions on development in areas subject to natural
disasters and hazards. Further, the amendments do not allow for new development that could result
in a natural hazard. Therefore, the amendments are consistent with Statewide Planning Goal 7.
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 code amendments do not affect
the citys provisions for recreation areas, facilities or recreational opportunities. The proposal to
remove the open space exemption for multi-family developments exceeding a certain density in the
medium to high density residential zones and allow for more flexibility in how and where open space
can be provided helps to satisfy the private recreational needs of residents of these denser
developments. To the extent Goal 8 applies, the amendments are 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 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
Findings of Consistency (CA 11-2) 3 of 10
Metro Plan, and complies with the requirements of Goal 9 and its Administrative Rule. The
amendments do not impact the supply of industrial or commercial lands. Therefore, the amendments
are consistent with Statewide Planning Goal 9.
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 the amendments address residential development standards, they do
not impact the supply or availability of residential lands included in the documented supply of
Residential Lands Study. The amendments pertaining to allowed intrusions, driveways and parking
areas, garbage and recycling, and bicycling parking do not have an impact on the level of development
or densities currently permitted through existing code and zoning regulations. The amendment
pertaining to building height in the south university areas only apply to a limited number of properties,
and there is no evidence that such revisions will have any measurable impact on assumed densities for
the area in question. While the amendment pertaining to the multi-family development open space
standards removes an exemption to open space for higher density projects, this amendment also
provides more design flexibility and clarity about where and how open space can be provided. For
example, the new required setback can be used to accommodate required open space, whereas
previously that was not possible. As a result, the assumed densities for the area in question are not
anticipated to be affected. Therefore, the amendments are consistent with Statewide Planning Goal 9.
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 affect the Citys provision of public facilities and services. Therefore,
Statewide Planning Goal 11 does not apply.
Goal 12- Transportation. To provide and encourage a safe, convenient and economic transportation
system.
Statewide Planning Goal 12 is implemented through the Transportation Planning Rule (TPR), as defined
in Oregon Administrative Rule OAR 660-012-0000, et seq. The Eugene-Springfield Metropolitan Area
Transportation Plan (TransPlan) provides the regional policy framework through which the TPR is
implemented at the local level.
The Transportation Planning Rule (OAR 660-012-0060) contains the following requirement:
(1) Amendments to functional plans, acknowledged comprehensive plans, and land use regulations
which significantly affect a transportation facility shall assure that allowed land uses are
consistent with the identified function, capacity, and performance standards (e.g. level of service,
volume to capacity ratio, etc.) of the facility....
(2) A plan or land use regulation amendment significantly affects a transportation facility if it:
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(a) Changes the functional classification of an existing or planned transportation facility;
(b) Changes standards implementing a functional classification system;
(c) Allows types or levels of land uses which would result in levels of travel or access which are
inconsistent with the functional classification of a transportation facility; or
(d) Would reduce the performance standards of the facility below the minimum acceptable level
identified in the TSP
The proposed amendments do not change the functional classification of an existing or planned
transportation facility, do not change the standards implementing a functional classification, do not
allow types or levels of land uses which would result in levels of travel or access with are inconsistent
with the functional classification of a transportation facility and will not reduce the performance
standards of a facility below the minimal acceptable level identified in the TSP. The level of
development currently permitted through existing code and zoning regulations will remain the same as
a result of this amendment. Therefore, the amendments are consistent with Statewide Planning Goal
12.
Goal 13 - Energy Conservation. To conserve energy.
conservation of all form
development of local energy policies and implementing provisions and does not state requirements
with respect to other types of land use decisions. The amendment does not affe
energy conservation measures or programs. 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.
There are no coastal, ocean, estuarine, or beach and dune resources related to the properties affected
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
Findings of Consistency (CA 11-2) 5 of 10
adopted refinement plans.
Applicable Metro Plan Policies
As noted in the Metro Plan (page I-5), use of the Metro Plan requires a balancing of its various
components on a case-by-case basis, as well as a selection of those goals, objectives and policies most
pertinent to the issues at hand. The following policies from the Metro Plan (identified below in italics)
are applicable to these code amendments. Based on the findings provided below, the proposal is
consistent with and supported by the applicable provisions of the Metro Plan.
A. Residential Land Use and Housing Element
Establish density ranges in local zoning and development regulations that are consistent with
the broad density categories of this plan.
Low density: Through 10 dwelling units per gross acre (could translate up to 14.28 units per net
acre depending on each jurisdictions implementation measures and land use and development
codes)
Medium density: Over 10 through 20 dwelling units per gross acre (could translate to over
14.28 units per net acre through 28.56 units per net acre depending on each jurisdictions
implementation measures and land use and development codes.)
High density: Over 20 dwelling units per gross acre (could translate to over 28.56 units per net
acre depending on each jurisdictions implementation measures and land use and development
codes) (Policy A.9)
The amendments are consistent with Metro Plan density policies.
Eugene Code allow significantly higher densities in the R-3 and R-4 zones than are required by Metro
Plan Policy A.9 and the proposed amendments do not change the zoning of any property. There is no
evidence to demonstrate that, in passing the proposed amendments, the city will be unable to comply
with the 28.56 dwelling units per net acre that is set by Metro Plan Policy A.9.
Increase overall residential density in the metropolitan area by creating more opportunities for
effectively designed in-fill, redevelopment, and mixed use while considering impacts of increased
residential density on historic, existing and future neighborhoods. (Policy A.13)
The amendments will continue to provide opportunities for additional high-density development but
will better ensure that site design will preserve the character of the existing neighborhoods, directly
implementing this policy.
Review local zoning and development regulations periodically to remove barriers to higher
density housing and to make provision for a full range of housing options. (Policy A.14)
This policy recognizes that the city ability to predict the ultimate impact of land use regulations on
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housing density and options at the time of land use regulations are adopted or amended is imperfect.
It simply requires that the city assess and correct, on a periodic basis, any land use regulations that
prove to be a barrier to housing density or providing a full range of housing options. While this policy
discourages adoption of a land use regulation that on its face would be a barrier to achieving desired
housing density or housing options, the evidence in the record does not support such a conclusion
about these amendments. Furthermore, the amendments specifically include the provision of more
flexibility in how open space and bicycle parking are provided in multi-family developments, thus
removing potential barriers to higher density housing.
Reduce impacts of higher-density residential and mixed-use development on surrounding uses
by considering site, landscape, and architectural design standards or guidelines in local zoning
and development regulations. (Policy A.23)
The amendments support this policy by establishing development standards that reduce the impacts of
higher-density residential on surrounding uses by addressing building mass and scale, landscaping and
paving. These standards will lessen the impacts of high density infill on surrounding uses, as compared
to development currently allowed.
E. Environmental Design Element
Local jurisdictions shall carefully evaluate their development regulations to ensure that they
address environmental design considerations, such as, but not limited to, safety, crime
prevention, aesthetics, and compatibility with existing and anticipated adjacent uses
(particularly considering high and medium density development locating adjacent to low density
residential). (Policy E.6)
The amendments strongly support this policy by addressing safety considerations, crime prevention,
aesthetics and compatibility with adjacent uses. The amendments related to open space, allowed
intrusions, driveways and parking areas, and compatible transitions all address aesthetics and
compatibility, by ensuring adequate open space and setbacks. The amendment related to garbage and
recycling screening directly addresses safety and crime prevention by allowing the enclosures to be
less screened to increase visibility for residents accessing the enclosures.
F. Transportation Element
Require improvements that encourage transit, bicycles, and pedestrians in new commercial,
public, mixed use, and multi-unit residential development. (Policy F.4)
By providing more flexibility and clarity about how and where required bicycle parking can be located
(such as in the right-of-way), these amendments support this policy.
em and provide bicycle system support facilities
for both new development and redevelopment/expansion. (Policy F.22)
To the extent that this policy applies, the bicycle parking amendments are consistent with this policy as
Findings of Consistency (CA 11-2) 7 of 10
they enhance bicycle system support facilities. These amendments provide more flexibility and clarity
about how and where bicycle parking can be provided for new developments and redevelopments.
G. Public Facilities and Services Element
Include measures in local land development regulations that minimize the amount of impervious
surface in new development in a manner that reduces stormwater pollution, reduces the
negative effects from increases in runoff, and is compatible with Metro Plan policies. (Policy
G.18)
Consistent with this policy, the code amendment related to driveways and parking areas in multi-family
zones will minimize the amount of imperious surface for new duplexes and single-family dwellings.
H. Parks and Recreation Facilities Element
Encourage the development of private recreational facilities. (Policy H.4)
Consistent with this policy, the amendment related to open space in multi-family developments will
increase the amount of open space that is available around high density housing by eliminating the
exemption for denser developments and providing more flexibility on where and how open space can
be located.
Applicable Adopted Refinement Plans
The following applicable adopted refinement plans contain policies that are applicable to these code
amendments:
Fairmount/UO Special Area Study
th
19 and Agate Special Area Study
West University Neighborhood
Whiteaker Plan
Willakenzie Area Plan
The applicable policies from these refinement plans (in italics) are addressed below. Based on the
findings, the proposal is consistent with and supported by the applicable provisions of these adopted
refinement plans.
A review of the following plans found no policies that apply to the amendments:
Bethel-Danebo Refinement Plan
Bethel Danebo Neighborhood Refinement Plan Phase 2
Eugene Downtown Plan
Jefferson/Far West Refinement Plan
Laurel Hill Plan
River Road / Santa Clara Urban Facilities Plan
South Hills Study
South Willamette Subarea Study
Findings of Consistency (CA 11-2) 8 of 10
Walnut Station
Westside Neighborhood Plan
Willow Creek Special Area Study
Fairmount/UO Special Area Study
Existing and future businesses shall be encouraged to provide safe and covered bicycle parking for
employees and patrons. (Bicycle and Pedestrian Policy 3)
Consistent with this policy, the amendments provide more flexibility and clarity about how and where
bicycle parking can be located citywide, thereby encouraging the provision of safe and covered bicycle
parking.
19th and Agate Special Area Study
Consider amendments to the city code that increase provision of bicycle parking throughout the
city. (Policy 4)
As described in this plan, at the time of plan adoption (1988) required bicycle parking was based on the
amount of automobile parking for the proposed use, and the number of spaces were required to be
equal to 10-percent of the required automobile parking spaces. Consistent with this policy, the code
was previously revised to make the amount of required bicycle parking based on expected demand
rather than automobile parking. The current proposal is also consistent with this policy in that the
amendments and provide more flexibility and clarity about how and where bicycle parking can be
located citywide.
West University Refinement Plan
The use of bicycles, mass transit, walking, carpooling, and other appropriate alternative modes of
transportation, especially by employees in the plan area, shall be actively encouraged and
provided for in order to reduce automobile dependence and alleviate traffic and parking
problems. (Transportation and Parking Policy 1)
Consistent with this policy, the amendments provide more flexibility and clarity about how and where
bicycle parking can be located citywide, thereby encouraging and providing for the use of bicycles.
The City of Eugene will update its Land Use Code and that effort shall particularly take into
account the need to:
--reduce non-residential uses permitted in the R-3 and R-4 zones.
--redefine usable open space.
--enable infilling on newly created small lots.
--enable alley access as the primary access to newly created lots.
--reduce the minimum lot size.
--increase the flexibility of development standards (for example to enable more efficient
use of open space, shared open space, shared parking, and more extensive use of public
Findings of Consistency (CA 11-2) 9 of 10
rights-of-way).
-- review parking requirements for residential development in the plan area to respond to
changing circumstances, such as development trends, parking and transportation supply
and demand trends.
--amend the commercial zoning in the City Code to provide a greater range of commercial
zones. (Land Use Policy 3
)
Consistent with this policy, the amendments address redefining useable open space, increasing
flexibility and reviewing parking requirements. The proposal regarding open space in multi-family
developments provides more clarity and flexibility about how and where open space can be provided
and also eliminates the exemption from open space for denser projects, thereby creating more useable
open space and providing flexibility. The proposal to provide limitations on driveways and parking
areas in the university area is in direct response to current development trends to maximize the use of
the front yard for parking areas. The proposals related to garbage and recycling screening and bicycle
parking also both provide more flexibility. The former allows one side of the enclosure to be partially
screened to increase visibility, and the latter includes more flexibility about how and where required
bicycle parking can be provided.
Whiteaker Plan
Review existing City Code regulations on height, setback, area, and lot coverage to strengthen
compatibility between existing residential development and new commercial, industrial, medium
and high-density residential developments, and the positive impact of new development on the
public streetscape. (Neighborhood History and Character Element Policy 7)
Consistent with this policy, the amendments related to multi-family open space help to strengthen
compatibility between existing residential development and medium and high-density residential
developments by increasing the amount of open space that is available around multi-family
developments while providing more flexibility on where it can be located.
Willakenzie Area Plan
Promote compatibility between low-density residential uses and medium to high-density
residential land uses. (Residential Policy 8)
Consistent with this policy, the amendment regarding open space for multi-family developments
promotes compatibility by increasing the amount of open space that is available around multi-family
developments by removing the exemption for denser project while providing more flexibility on where
it can be located.
(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.
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