HomeMy WebLinkAboutItem 3: Ordinance on Prohibited and Special Use Limitations in ND Zone Downtown
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Action: An Ordinance Concerning Prohibited Uses and Special Use Limitations in the
/ND Nodal Development Overlay Zone in Downtown; and Amending
Section 9.4280 of the Eugene Code, 1971 (City File CA 12-3)
Meeting Date: February 11, 2013 Agenda Item Number: 3
Department: Planning and Development Staff Contact: Nan Laurence
www.eugene-or.gov Contact Telephone Number: 541-682-5340
ISSUE STATEMENT
The City Council will take action on a land use code amendment to allow drive-through facilities in
the /ND Nodal Development Overlay Zone within the boundaries of the Downtown Plan.
BACKGROUND
Last year, as part of Envision Eugene, the City Council initiated code amendments to facilitate
desired mixed-use development for downtown and along transit corridors. Consistent with
several strategies in the Envision Eugene proposal, the purpose of these amendments is to make
compact urban development easier in the downtown, on key transit corridors, and in core
commercial areas by removing regulatory barriers. These amendments are also necessary as part
of the City’s strategy to accommodate the City's 20-year need for commercial and multi-family
housing inside the current urban growth boundary (UGB).
A number of amendments addressing these Envision Eugene strategies are being developed;
however, the /ND code amendment has been pulled forward to be considered on its own with a
shorter timeframe for resolution. The proposed code amendment would allow a drive-through
facility as an ancillary use in association with a multi-story structure, and to allow the adjustment
review process to be used to consider a drive-through facility as an ancillary use in association
with a single-story structure that provides financial, pharmaceutical or government services.
Currently, drive-through facilities are allowed on all commercially zoned properties in downtown,
with the exception of five properties with the /ND overlay.
Earlier this fall, a development opportunity surfaced for one of the five sites downtown within the
/ND overlay. In late October 2012, the City Council agreed to sell property in the Downtown Plan
area for the development of Northwest Community Credit Union’s regional headquarters. The
development proposes a use that addresses the goals and policies for downtown development,
including strengthening downtown as a regional center and increasing commercial activity
between the core of downtown and the river. The development requires a drive-through facility,
which currently is not allowed in the /ND overlay. Given the council’s action and terms of the sale
agreement, it is necessary to consider a code amendment to the /ND overlay in an expedited
fashion.
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On January 22, 2013, the City Council held a public hearing on the proposed code amendment. At
the public hearing, six community members spoke in favor of the amendments. Additionally, prior
to the public hearing, three community members provided written testimony in favor of the code
amendment. Prior to the City Council’s public hearing, the Planning Commission recommended
approval of the code amendment to the /ND overlay. The Planning Commission limited its
recommendation to the proposed Northwest Community Credit Union site based on limited
analysis regarding the impacts of the code amendment on the other four downtown properties
located within the /ND overlay zone. The attached draft ordinance (see Attachment A) includes
the proposed code language without the site specific limitation recommended by the Planning
Commission. Staff supports the application of the code amendment to all properties downtown
located within the /ND overlay since the goal of this amendment is to facilitate desired
development downtown in alignment with Envision Eugene. Additional background information
regarding the Planning Commission’s recommendation and all materials from the record 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 proposal are included with the draft ordinance in Attachment A. The
ordinance and findings, with any directed changes, will be utilized in the event that the City
Council votes to approve the amendment 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 Downtown Plan, are included as an exhibit to the draft ordinance (Attachment A).
COUNCIL OPTIONS
1.Approve the ordinance
2.Approve the ordinance with specific modifications as determined by the City Council
3.Deny the ordinance
CITY MANAGER’S RECOMMENDATION
The City Manager recommends that the City Council approve the draft ordinance contained in
Attachment A.
SUGGESTED MOTION
Move to adopt An Ordinance Concerning Prohibited Uses and Special Use Limitations in the /ND
Nodal Development Overlay Zone in Downtown, as shown in Attachment A.
ATTACHMENT
A.Draft Ordinance and Findings
As noted above, a complete set of record materials is available for review in a binder located at the
City Council Office. This information is also available via www.eugene-or.gov/codeamendments.
S:\CMO\2013 Council Agendas\M130211\S1302113.doc
FOR MORE INFORMATION
Staff Contact: Nan Laurence
Telephone: 541-682-5340
Staff E-Mail: nan.laurence@ci.eugene.or.us
S:\CMO\2013 Council Agendas\M130211\S1302113.doc
ATTACHMENT A
ORDINANCE NO. ________
AN ORDINANCE CONCERNING SPECIAL USE LIMITATIONS AND
AMENDING SECTION 9.4280 OF THE EUGENE CODE, 1971.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
Subsection (2) of Section 9.4280 of the Eugene Code, 1971, is amended to
provide as follows:
9.4280 Prohibited Uses and Special Use Limitations.
(1)Prohibited Uses.
(a) Motor Vehicle Related Uses.
1. Car washes.
2. Parts stores.
3. Recreational vehicle and heavy truck, sales/rental/service.
4. Motor vehicle and motorcycle sales/rental/service.
5. Service stations, includes quick servicing.
6. Tires, sales/service.
7. Transit park and ride, major or minor, except under a shared
parking arrangement with another permitted use.
8. Parking areas, where the entire lot is exclusively used for parking
and does not provide shared parking for more than one
development site.
(b) Trade (Retail and Wholesale).
1. Agricultural machinery rental/sales/service.
2. Boats and watercraft sales and service.
3. Equipment, heavy, rental/sales/service.
4. Manufactured dwelling sales/service/repair.
(2) Special Use Limitations.
(a) Except for the Downtown Plan Area as shown on Map 9.2161(6)
Downtown Plan Map, [N]no use may include a drive-through facility,
unless explicitly permitted in a refinement plan. Within the Downtown
Plan Area:
1. Drive-through only establishments are not permitted.
2. For a structure that has two or more functional floors, a drive-
through facility is permitted.
3. For a structure that has only one functional floor, a drive-
through facility to provide financial services, pharmaceutical
prescription dispensing, or government services may be
permitted subject to an adjustment based on the criteria at
EC 9.8030(16).
(b) No new building designed to be occupied by retail uses may exceed
50,000 square feet of building area on the ground floor and only one
such new building may contain 50,000 square feet of building area on
the ground floor.
Ordinance - Page 1 of 2
Section 2.
The findings set forth in Exhibit A attached to this Ordinance are adopted as
findings in support of this Ordinance.
Section 3.
The City Recorder, at the request of, or with the concurrence of the City
Attorney, is authorized to administratively correct any reference errors contained herein or in
other provisions of the Eugene Code, 1971, to the provisions added, amended or repealed
herein.
Passed by the City Council this Approved by the Mayor this
___ day of _______________, 2013 ____ day of _______________, 2013
____________________________ _____________________________
City Recorder Mayor
Ordinance - Page 2 of 2
EXHIBIT A
Findings of Consistency
Drive-Through Facilities in the /ND Nodal Development Overlay Zone
within the Downtown Plan
(City File CA 12-3)
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 this amendment was consistent with the City’s
requirements and provided numerous additional opportunities for interested parties to participate
in development of the amendments.
The Planning Commission public hearing on the proposal was duly noticed to 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 will hold 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
this amendment to the code. The record for this amendment 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 this amendment 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
amendment is consistent with Statewide Planning Goal 2.
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Goal 3 - Agricultural Lands. To preserve agricultural lands.
The amendment is for property located within the urban growth boundary and does not affect any
land designated for agricultural use. Therefore, Statewide Planning Goal 3 does not apply.
Goal 4 - Forest Lands. To conserve forest lands.
The amendment is for property located within the urban growth boundary and does 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.
The amendment does not create or amend the city’s list of Goal 5 resources, does not amend a
code provision adopted in order to protect a significant Goal 5 resource or to address specific
requirements of Goal 5, does not allow new uses that could be conflicting uses with a significant
Goal 5 resource site and does 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. The amendment does not affect the City’s
ability to provide for clean air, water or land resources. Therefore, the amendment is consistent
with Statewide Planning Goal 6.
Goal 7 - Areas Subject to Natural Disasters and Hazards. To protect life and property from natural
disasters and hazards.
Goal 7 requires that local government planning programs include provisions to protect people and
property from natural hazards such as floods, land slides, earthquakes and related hazards,
tsunamis and wildfires. Goal 7 prohibits a development in natural hazard areas without
appropriate safeguards. The amendment does not affect the City’s restrictions on development in
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areas subject to natural disasters and hazards. Further, the amendment does not allow for new
development that could result in a natural hazard. Therefore, the amendment is 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 amendment does
not affect the city’s provisions for recreation areas, facilities or recreational opportunities.
Therefore, the amendment is consistent with Statewide Planning Goal 8.
Goal 9 - Economic Development. To provide adequate opportunities throughout the state for a
variety of economic activities vital to the health, welfare, and prosperity of Oregon’s citizens.
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 amendment does not impact the supply of industrial or commercial lands.
The amendment modifies the list of allowable uses for the /ND overlay zone, which increases the
possibility for development or redevelopment of properties within this overlay zone for
commercial uses. Therefore, the amendment is consistent with Statewide Planning Goal 9.
Goal 10 - Housing. To provide for the housing needs of citizens of the state.
Goal 10 requires that communities plan for and maintain an inventory of buildable residential land
for needed housing units. The amendment does not impact the supply of residential lands.
Therefore, the amendment is consistent with Statewide Planning Goal 10.
Goal 11- Public Facilities and Services. To plan and develop a timely, orderly and efficient
arrangement of public facilities and services to serve as a framework for urban and rural
development.
The amendment does not affect the City’s provision of public facilities and services. Therefore,
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.
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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 amendment does not change the functional classification of an existing or planned
transportation facility, does 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 amendment is consistent with Statewide
Planning Goal 12.
Goal 13 - Energy Conservation. To conserve energy.
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 amendment does 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 amendment does not contain any changes that affect the regulation of areas within the
Willamette River Greenway. Therefore, Statewide Planning Goal 15 does not apply.
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Goal 16 through 19 - Estuarine Resources, Coastal Shorelands, Beaches and Dunes, and Ocean
Resources.
There is no coastal, ocean, estuarine, or beach and dune resources related to the properties
affected by the amendment. Therefore, these goals are not relevant and the amendment will not
affect compliance with Statewide Planning Goals 16 through 19.
(2) The amendment is consistent with applicable provisions of the Metro Plan and applicable
adopted refinement plans.
Applicable Metro Plan Policies
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.
B. Economic Element
B.11 Encourage economic activities, which strengthen the metropolitan area’s position as a
regional distribution trade, health, and service center.
The amendment will increase the permitted commercial uses with the /ND Nodal Development
Overlay Zone within the Downtown Plan area. The amendment will allow for increased
development and economic activity and is therefore consistent with this policy.
B.14 Continue efforts to keep the Eugene and Springfield central business districts as vital centers
of the metropolitan area.
The amendment applies specifically to the Downtown Plan area. The amendment will encourage
economic activities by increasing the flexibility of the /ND Nodal Development Overlay Zone to
increase permitted commercial uses within downtown, Eugene’s central business district and is
therefore consistent with this policy.
F. Transportation Element
F.3 Provide for transit-supportive land use patterns and development, including higher intensity,
transit-oriented development along major transit corridors and near transit stations;
medium-and high-density residential development within ¼ mile of transit stations, major
transit corridors, employment centers, and downtown areas; and development and
redevelopment in designated areas that are or could be well served by existing or planned
transit.
By increasing the permitted commercial uses in the /ND Nodal Development Overlay Zone the
amendment will allow for increased development and economic activity within downtown.
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Increased commercial development in downtown supports a transit-supportive land use pattern
because of the location and the existing and planned transit routes within downtown.
Applicable Adopted Refinement Plans
The Eugene Downtown Plan is the applicable adopted refinement plan and contains policies that
are applicable to this code amendment.
The applicable policies from the Eugene Downtown Plan (in italics) are addressed below. Based on
the findings, the proposal is consistent with and supported by the applicable provisions of this
plan.
Eugene Downtown Plan
Strong Regional Center Policy 1: Build upon downtown’s role as the center for government,
commerce, education and culture in the city and the region.
Consistent with this policy, the amendment will allow additional commercial development in
downtown to support downtown’s role as the center for commercial activity in the region.
Strong Regional Center Policy 2: Downtown development shall support the urban qualities of
density, vitality, livability and diversity to create a downtown, urban environment.
Consistent with this policy, the amendment will allow additional commercial development in
downtown to increase the density of development within the core area of Eugene.
Downtown Riverfront Policy 4: Facilitate dense development in the Courthouse area and
other sites between the core of downtown and the river.
Properties where the /ND overlay zone currently apply are in close proximity to the river. The
proposed code amendment will support commercial development adding to the density of
development between downtown and the river.
(3) The amendment is consistent with EC 9.3020 Criteria for Establishment of an S Special Area
Zone, in the case of establishment of a special area zone.
The amendment does not establish a special area zone. Therefore, this criterion does not apply.
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