HomeMy WebLinkAboutOrdinance No. 20492ORDINANCE NO. 20492
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
definition of "Balcony" 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 -1
R -1.5
R -2
R -3
R -4
Density 1
Minimum Net Density per Acre
No
--
10 units
20 units
20 units
Minimum
Maximum Net Density per Acre
14 units
--
28 units
56 units
112 units
Maximum B ui Id i ng Hei g ht (2), (3), 4
, 5
Main Building. Includes
30 feet
35 feet
35 feet
50 feet
120 feet
Secondary Dwellings Within
the Main Building.
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.)
Ordinance - Page 1 of 16
Table 9.2750 Residential Zone Development Standards
(See EC 9.2751 Special Development Standards for Table 9.2750.)
R -1
R -1.5
R -2
R -3
R -4
Minimum Building Setbacks (2), , (4)
(6), 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)
Interior Yard Setback (except
5 feet or
--
5 feet or
5 feet or
5 feet or
where use, structure, location
minimum
minimum
minimum
minimum
is more specifically addressed
of 10 feet
of 10 feet
of 10 feet
of 10 feet
below)(7)
between
between
between
between
buildings
buildings
buildings
buildings
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 13
Minimum Total Open Space
—
--
20% of
20% of
20% of
dev. site
dev. Site
dev. Site
Fences '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)
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 Street
Ordinance - Page 2 of 16
to the west, Agate Street to the east, East 19 Avenue to the north 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))
(14) 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
cannot extend past a line created by an extension of the front wall
of the dwelling. (See Figure 9.2751(14)(b)1.)
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 and
development authorized through a planned unit development approved prior
to [effective date of ordinance], 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.
(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 lots ( "shared driveway "), 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
Ordinance - Page 3 of 16
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 facade 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 or by projecting building features as allowed per EC
9.6745(3) 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.
Q) No parking shall occur in the landscaped portion of the required front
yard setback.
(k) Adjustments to the standards in subsection (i) may be made, based on
the criteria at EC 9.8030(30).
(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
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).)
C
HDR /MU
HDR
Fences - Maximum Height
Front Yard
(See EC
42 inches (See
42 inches
9.2171(9))
EC 9.2751
(See EC
(14))
9.2751 (14))
Interior Yard
(See EC
6' (See EC
6' (See EC
9.2171(9))
9.2751 (14))
9.2751 (14))
Ordinance - Page 4 of 16
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
9.5500(9)(a)1.a. and b. 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
9.5500(9)(a)2.e. for qualifying setback areas with minimum dimensions
of 15 feet by 15 feet. The EC 9.5500(9)(c) 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
cannot extend past a line created by an extension of the front wall
of the dwelling. (See Figure 9.2751(14)(b)1.)
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:
Ordinance - Page 5 of 16
9.5500 Multiple - Familv 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
provisions of this land use code. Required open space may be provided as
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.
Zone
R -1
R -2
R -3
R -4
C -1
C -2
C -3
GO
All Other
Zones
Percent of the
20%
20%
20%
20%
20%
20%
N/A
20%
20%
Development Site
Percent of Livable
25%
25%
15%
15%
25%
15%
N/A
15%
15%
Floor Area
Minimum Densit Exem
tion from
O en
Space
Requirements
b y Zone
Zone
R -1
R -2
R -3
R -4
C -1
C -2
C -3
GO
All Other
Zones
Dwelling Units Per
N/A
N/A
N/A
N/A
23
45
N/A
45
45
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. Common open space may include any of the following:
a. Outdoor areas incorporating:
(1) Lawn or hard surfaced areas to be used for active or
passive recreation in which user amenities such as
trees, shrubs, planters, pathways, tables, benches or
drinking fountains have been placed.
(2) Ornamental or food gardens.
(3) Developed and equipped adult recreation areas.
(4) Developed and equipped children's play areas.
(5) Sports courts (tennis, handball, volleyball, etc.).
(6) Swimming pools, spas and adjacent patios and decks.
(7) Roof terraces.
(8) Picnic areas.
(9) Patios.
(10) Porches with floors no more than 30 inches above
grade.
(11) Internal courtyards.
b. 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. 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
Ordinance - Page 6 of 16
standards:
(1) The minimum area of any single space shall be 225
square feet, with no dimension being less than 15 feet.
(2) Interior common open space shall be at least 10 feet
in floor to ceiling height; glazed window and /or 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) 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. The minimum area for any single outdoor common open
space shall be 225 square feet.
b. At least one area of outdoor common open space shall be a
minimum of 15 feet by 15 feet.
C. The minimum dimensions for any portion of outdoor
common open space in the front yard setback shall be at
least 15 feet by 15 feet. The minimum 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.
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
adjacent to a dwelling unit providing an outdoor area for private use by
the occupants of the dwelling unit. 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
Location
Minimum Area
Minimum Dimension
Ground Level
100 square feet
10 feet
Balcony
20 square feet
4 feet
Roof Terrace
100 square feet
8 feet
Balconies located within 20 feet of property zoned R -1 shall not be
counted as private open space.
Ordinance - Page 7 of 16
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 private open space shall be screened or buffered
from adjacent private open space and dwellings by landscape,
fencing or partitions. Such screening or buffering shall be a
minimum of 30 inches in height.
4. Ground level private open space shall be physically separated
from common outdoor open space by fencing or landscaping
meeting the EC 9.6210(2) Low Screen Landscape Standard (L -2).
(c) Open Space Credit. 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.
(d) Criteria for Adjustment Except for the amount of open space required
per Table 9.5500(9), Open Space Requirements, adjustments to the
standards in this subsection may be made. 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 Bicvcle Parkina 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
(e) Bicycle parking at Autzen Stadium Complex (see EC 9.6105(6) Autzen
Stadium Complex Bicycle Parking Standards).
(2) Bicycle Parking Space Standards.
(a) The minimum required number of bicycle parking spaces for each use
category is listed in EC 9.6105(5) Minimum Required Bicycle Parking
Spaces. A minimum of 4 bicycle parking spaces shall be provided at
each development site, unless no spaces are required by Table
9.6105(5).
(b) Bicycle parking spaces 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 hoop
Ordinance - Page 8 of 16
rack according to Figure 9.6105(2) Bicycle Parking Standards.
2. Bicycles may be tipped vertically for storage, but not hung above
the floor. Such vertical parking spaces shall be at least 2 feet
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) 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) 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) Long Term Bicycle Parking Location and Security.
(a) Long term bicycle parking required in association with a commercial,
industrial, or institutional use shall be provided in a well - lighted, secure
location, sheltered from precipitation and within a convenient distance of
a main entrance. A secure location is defined as one in which the
bicycle parking is:
1. A bicycle locker,
2. A lockable bicycle enclosure, or
3. Provided within a lockable room with racks complying with space
standards at EC 9.6105(2).
(b) Long term bicycle parking required in association with a multiple - family
residential use shall be provided in a well - lighted, secure location
sheltered from precipitation, and 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 garage;
2. A lockable room serving multiple dwelling units with racks
complying with space standards at EC 9.6105(2);
3. A lockable room serving only one dwelling unit;
4. A lockable bicycle enclosure; or
5. A bicycle locker.
(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:
Ordinance - Page 9 of 16
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. Within 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 -way, subject to the city's approval of a revocable 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 Requirement
Percentage of Sheltered Spaces
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
(5) Minimum Required Bicycle Parking Spaces. The minimum required
number of bicycle parking spaces shall be calculated according to Table
9.6105(5) Minimum Required Bicycle Parking Spaces.
(6) Autzen Stadium Complex Bicycle Parking Standards.
(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
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
Ordinance - Page 10 of 16
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 Parkina 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.
(b) Except as provided in EC 9.2751(15)(c) Driveways and Parking Areas in
R -3 and R -4 , parking 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 from streets, accessways, or adjacent properties.
(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 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.
(a) One Story Structures Except as provided in subsection (c) of this
section, the 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:
Ordinance - Page 11 of 16
1. Eaves, cornices, belt courses, sills, awnings, buttresses or other
similar features.
2. Chimneys, fireplaces, bays, and bay windows, provided they do
not exceed 8 feet in width. The maximum frequency of bays or
bay windows is one per 15 feet of building facade.
3. Porches, platforms or landings with roofs which do not extend
above the level of the first floor of the building.
(b) Multiple Story Structures (2 or more floors) Except as provided in
subsection (c) of this section, for 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.
3. Porches no greater than 10 feet deep 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.
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 facade.
6. Balconies no greater than 10 feet deep are permitted to project
into required front yard setbacks.
(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
Ordinance - Page 12 of 16
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 facade. 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 facade on each floor.
(d) 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 , in 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.
(a) Except as provided in EC 9.2751(15) Driveways and Parking Areas in
R -3 and R-4 in 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:
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
Ordinance - Page 13 of 16
setbacks, provided these structures are screened as per EC 9.6210(6) Full
Screen Fence 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,
and a new subsection (30) is added, 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
elements of the building.
2. Defines entryways in appropriate scales.
(c) Open Space The requirements set forth in EC 9.5500(9), except for the
amount of open space required per Table 9.5500(9) Open Space
Requirements may be adjusted if the applicant 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:
Ordinance - Page 14 of 16
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
residential buildings, combinations of partial and interrupted parking
drives; on- street parking; and small, dispersed parking courts are an
acceptable alternative.
(30) Driveways and Parking Areas in R -3 and R -4. The standards at EC
9.2751(15)(1) may be adjusted if the applicant demonstrates that any
hardscaped or non - landscaped areas are separated from the driveway and
associated parking area, and that vehicle access and parking is physically
precluded.
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.
Ordinance - Page 15 of 16
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EXHIBIT A
Figure
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9.2751 (3) and setbacks at 10'- 0"
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R -1 Zoned Property
R -3 or R -4 Zoned Property
EXHIBIT B
Figure
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EXHIBIT C
Figure
9.2751 (15)
Alley
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Map 9.5500(9)(a)2.d.
University Area R3 and R4 Zoning
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Area subject to EC 9.5500(9)(a)2.d.
EXHIBIT E
Figure
9.5500 (9)(a)2.
Example
In Open
Space
Example B
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 was consistent with the City's requirements and provided
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 Task Team, Home Builder's Association,
Envision Eugene Community Resource Group, Opportunity Siting Task Team, and bicycle advocates.
The proposals were also available via the Planning Division's website. 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
that a resource site, or the impact areas of such a site, is included in the amended UGB area.
Findings of Consistency (CA 11 -2) 2 of 11
These amendments do not create or amend the city's 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 City's ability
to provide for clean air, water or land resources. Therefore, the amendments are consistent with
Statewide Planning Goal 6.
Goal 7 - Areas Subiect 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 City's 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 city's 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 Oregon's 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
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.
Findings of Consistency (CA 11 -2) 3 of 11
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
"buildable land" that is available for residential development as inventoried in the acknowledged 1999
Residential Lands Study (RLS).
The following table provides the net density assumptions used in the RLS for multi - family (RLS, page
22) and the associated maximum allowable densities per Eugene Code Table 9.2750:
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. There is nothing in the
record that raises concerns as to the City's ability to remain consistent with the 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, 10 -foot wide
interior yards can be used to accommodate required open space, whereas previously that was not
possible. To qualify for the open space exemption (which allows a multi - family development to not
dedicate a portion of the site as required open space), a project must meet approximately 80 percent
of the maximum allowable density in the zone. For example, in the R -4 High Density Residential zone
(which implements the HDR plan designation), a multi - family development that provides 90 units per
net acre is exempt from providing open space. Given that the open space exemption is only relevant
to those projects at the upper end of the allowable density ranges of the R -3 and R -4 zones, this
amendment will have no material impact on the assumed densities, which are well below this level.
Testimony was submitted asserting that as a result of the code amendments, particularly the removal
of the open space exemption, achievable density for multi - family developments would be reduced by
15 to 20 percent. Additional testimony provided a list of multi - family projects and duplexes developed
over the past several years by a local building design and construction company, including the number
of units constructed and the estimated loss of units due to the code amendments. The majority of
these projects were constructed in the R -3 Limited High Density Residential and R -4 High Density
Residential zones, in a HDR designation. Although it is not possible to verify the accuracy of the
estimated reduction in units, nevertheless, it does appear that the majority of projects would still far
Findings of Consistency (CA 11 -2) 4 of 11
exceed average density assumptions as a result of the code amendments, given that many met the
open space exemption.
Based on the above findings, the buildable lands inventory is not being affected. Therefore, the
amendments are consistent with Statewide Planning Goal 10.
Goal 11- Public Facilities and Services To plan and develop a timely, orderly and efficient arrangement
of public facilities and services to serve as a framework for urban and rural development.
The amendments do not affect the City's 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:
(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.
Findings of Consistency (CA 11 -2) 5 of 11
Statewide Planning Goal 13 calls for land uses to be managed and controlled "so as to maximize the
conservation of all forms of energy, based upon sound economic principles." Goal 13 is directed at the
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 affect any of the City's
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 City's 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
adopted refinement plans.
Applicable Metro Plan Policies
As noted in the Metro Plan (page 1 -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
Findings of Consistency (CA 11 -2) 6 of 11
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. The city's zoning provisions in the
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. As noted
under the finding related to Goal 10, as a result of the proposed amendments, the city will continue to
meet assumed average densities in the RLS, and thus 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's ability to predict the ultimate impact of land use regulations on
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
Findings of Consistency (CA 11 -2) 7 of 11
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.
Construct and improve the region's bikeway system 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
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
Findings of Consistency (CA 11 -2) 8 of 11
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
• 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
• 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
Findings of Consistency (CA 11 -2) 9 of 11
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
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
Findings of Consistency (CA 11 -2) 10 of 11
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.
Findings of Consistency (CA 11 -2) 11 of 11
City Attorney's Office
City of Eugene
777 Pearl Street, Room 105
MEMORANDUM Eugene, Oregon 97401 -2793
(541)682 -8447
(541) 682 -5414 FAX
www.eugene - or.gov
Date: May 31, 2012
To: Beth Forrest, City Recorder
From: Emily N. Jerome, Deputy City Attorney
Subject: Scrivener Error Corrections to EC 9.5500 and Figure 9.2751(14)(b)1. Adopted
by Ordinance No. 20492
It has come to our attention that the following reference errors exist in Ordinance No.
20492 that was adopted on May 15, 2012:
1. Subsection (9)(a)3. of EC 9.5500 was an inadvertent duplication of subsection
(9)(a)21 of EC 9.5500 and should be removed.
2. Due to Code section renumbering, Section 13 of Ordinance No. 20492 adopted
the relabeling of Figure 9.2751(13)(b)l. to Figure 9.2751(14)(b)l. There were no
changes to the content of the Figure which had been adopted by Ordinance No.
20417. However, an incorrect version of Figure 9.2751(13)(b)1. (see Attachment
1) was erroneously attached to Ordinance No. 20492 as Figure 9.2751(14)(b)1.
The Figure should be replaced so that the Figure adopted by Ordinance No. 20417
and relabeled as Figure 9.2751(14)(b)l. without any changes is attached to
Ordinance 20492.
Please effect a scrivener error correction to remove EC 9.5500 (9)(a)3., and to replace
Figure 9.2751(14)(b)l. with the Figure attached to this memo as Attachment 2.
This correction is authorized by Ordinance No. 20492. A copy of this memo should be
attached to that Ordinance.
Attachment 1 EXHIBIT B
Attachment 2
EXHIBIT B