HomeMy WebLinkAboutOrdinance No. 20514COUNCIL ORDINANCE NO. 20514
COUNCIL BILL 5096
AN ORDINANCE CONCERNING DOWNTOWN AND
MIXED USE DEVELOPMENT AND AMENDING
SECTIONS 9.2160, 9.2161, 9.2170, 9.2171, 9.2173, 9.4280,
9.4290, 9.4530, 9.8030, 9.8670, AND 9.9650 OF THE EUGENE
CODE, 1971, TSI ROADWAY POLICY #2 OF THE
EUGENE - SPRINGFIELD TRANSPORTATION SYSTEM
PLAN (TRANSPLAN) AND POLICY F.15 OF THE
EUGENE - SPRINGFIELD METROPOLITAN AREA
GENERAL PLAN.
ADOPTED: July 22, 2013
SIGNED: July 24, 2013
PASSED: 6:2
REJECTED:
OPPOSED: Taylor, Brown
ABSENT:
EFFECTIVE; August 24,201
ORDINANCE NO. 20514
AN ORDINANCE CONCERNING DOWNTOWN AND MIXED USE
DEVELOPMENT AND AMENDING SECTIONS 9.2160, 9.2161, 9.2170, 9.2171,
9.2173, 9.4280, 9.4290, 9.4530, 9.8030, 9.8670, AND 9.9650 OF THE EUGENE
CODE, 1971, TSI ROADWAY POLICY #2 OF THE EUGENE - SPRINGFIELD
TRANSPORTATION SYSTEM PLAN (TRANSPLAN) AND POLICY F.15 OF
THE EUGENE - SPRINGFIELD METROPOLITAN AREA GENERAL PLAN.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1 . The text of Section 9.2160 of the Eugene Code, 1971, and the "Residential,"
"Dwellings" section of Table 9.2160 are amended to provide as follows:
9.2160 Commercial Zone Land Use and Permit Requirements The following Table
9.2160 Commercial Zone Land Uses and Permit Requirements identifies those uses
in Commercial Zones that are:
(P) Permitted.
(SR) Permitted, subject to an approved site review plan or an approved final
planned unit development.
(C) Subject to a conditional use permit or an approved final planned unit
development.
(S) Permitted, subject to the Special Development Standards for Certain
Uses beginning at EC 9.5000.
( #) The numbers in ( ) in the table are uses that have special use limitations
described in EC 9.2161.
Examples shown in Table 9.2160 are for informational purposes, and are not exclusive.
Table 9.2160 does not indicate uses subject to Standards Review. Applicability of
Standards Review procedures is set out at EC 9.8465.
Table 9.2160 Commercial Zone Land Uses and Permit Requirements
C -1 I C -2 C -3 C -4 GO
Residential
Dwellings
One - Family Dwelling
P(6)
P(6)
P(7)
Rowhouse (One - Family on Own Lot Attached to
Adjacent Residence on Separate Lot with Garage or
Carport Access to the Rear of the Lot)
S(6)
S
P
Duplex (Two - Family Attached on Same Lot)
P(6)
P(6)
P(7)
P
Tri -plex (Three - Family Attached on Same Lot) (See EC
9.5500)
S(6)
S
S
S
Four -plex (Four - Family Attached on Same Lot) (See EC
9.5500)
S(6)
S
S
S
Multiple Family (3 or More Dwellings on Same Lot) (See
EC 9.5500)
S(6)
S
S
S
Ordinance - Page 1 of 16
Section 2 . Subsections (5) and (6) of Section 9.2161 of the Eugene Code, 1971, and
Table 9.2161 are amended; a new subsection (7) is added to Section 9.2161; and subsections
(7) and (8) are renumbered to subsections (8) and (9) respectively to provide as follows:
9.2161 Special Use Limitations for Table 9.2160
(5) Parking Areas in C -3. The maximum number of surface parking spaces on a
development site shall be 20. Up to 20 additional surface parking spaces may
be created if all on -site parking is accessed via an alley and no vehicle access
from any street right -of -way (i.e. no access connection) is allowed. All parking
spaces in excess of these limits shall be in structured parking.
(6) Residential Use Limitation in C -1 and C -2.
(a) All residential dwellings in the C -1 zone and one and two - family
dwellings in the C -2 zone are allowed if the ground floor of the structure
is used for commercial or non - residential purposes according to Table
9.2161 Commercial Uses Requirements in Mixed -Use Residential
Developments.
(b) For lots zoned C -1 within the S -JW Jefferson Westside Special Area
Zone boundaries as shown on Figure 9.3605, the maximum number of
dwellings per lot is specified at EC 9.3625(8) and 9.3626(1).
Table 9.2161 Commercial Uses Requirements in Mixed -Use Residential Developments
C -1 C -2
Commercial Uses Requirements in Mixed -Use Residential Developments
Minimum Percent of Building Street Frontage in
80%
60%
Commercial Use. Building street frontage shall be measured
along the length of the building at the ground level within the
maximum front yard setback. As used herein, "commercial'
includes any non - residential use occupying a space at least 15
feet deep from the street facade of the building, excluding
parking areas and garages.
Minimum Percent of Ground Floor Area in Commercial Use.
80%
20%
(7) Residential Use Limitation in C -3. Within the Downtown Plan Area as
shown on Map 9.2161(6) Downtown Plan Map, a structure may include one -
and two - family dwellings if 80 percent of the ground floor of the structure is
used for commercial or non - residential purposes.
(8) Broadcasting Studios, Commercial and Public Education Allowance in
GO. Any number of receiving antennas, and up to 1 station -to- station
transmitter -link antenna not to exceed 10 watts are permitted in the GO zone.
(9) Permitted in the Commercial zone, subject to the PRO zone use limitations
and standards in Table 9.2630, EC 9.2631 and EC 9.2640.
Section 3 . Figure 9.2171(5) is relabeled as 9.2170(4)(b) as shown on Exhibit A attached
hereto; Figure 9.2171(5)(e) is relabeled as 9.2170(4)(b)6. as shown on Exhibit B attached
Ordinance - Page 2 of 16
hereto; Figure 9.2171(9) is relabeled as 9.2170(6) as shown on Exhibit C attached hereto; and
Sections 9.2170 and 9.2171 of the Eugene Code, 1971, are amended and Section 9.2171 is
incorporated into Section 9.2170 to provide as follows:
9.2170 Commercial Zone Development Standards - General.
(1) Intent. These commercial zone development standards are intended to
achieve the following:
(a) Improve the quality and appearance of commercial development in the
city.
(b) Ensure that such development is compatible with adjacent development
and is complementary to the community as a whole.
(c) Encourage crime prevention through environmental design, decrease
opportunity for crime, and increase user perception of safety.
(d) Increase opportunities for use of alternative modes of transportation.
(e) Regulate the intensity of use allowed on a site.
(f) Control the overall scale of commercial buildings.
(g) Promote streetscapes that are consistent with the desired character of
the various commercial zones.
(h) Promote safe, attractive, and functional pedestrian circulation systems in
commercial areas.
(2) Application of Standards. In addition to applicable provisions contained
elsewhere in this land use code, the development standards listed in Table
9.2170 Commercial Zone Development Standards shall apply to all
development in commercial zones.
Table 9.2170 Commercial Zone General Building Height
and Setback Standards
C -1
C -2
C -3
C -4
GO
Building Height (See EC 9.2170(3))
Maximum Building Height
35 feet
120 feet
150 feet
50 feet
50 feet
Setbacks (See EC 9.2170(4))
Minimum Front Yard Setback
10 feet
0 feet
0 feet
10 feet
10 feet
Maximum Front Yard Setback
15 feet
15 feet
15 feet
None
15 feet
Minimum Interior Yard Setback
0 feet to
10 feet
0 feet to
10 feet
0 feet
0 feet to
10 feet
0 feet to
10 feet
(3) Building Height.
(a) Exceptions to the general height restrictions for commercial structures
stated in Table 9.2170 Commercial Zone General Building Height and
Setback Standards are contained in:
1. EC 9.6715 Height Limitation Areas
2. EC 9.6720 Height Exemptions for Roof Structures and
Architectural Features
(b) Subject to the limitations in subsection (a) of this section, in the C -2, C-
3, or C -4 zones, no portion of a building located within 50 feet of a
residential zone shall exceed the maximum building height permitted in
the abutting residential zone.
(c) Subject to the limitations in subsection (a) of this section, the maximum
permitted building height for main or accessory buildings in the GO zone
shall not exceed 35 feet in height within 50 feet of an abutting AG, R -1,
Ordinance - Page 3 of 16
or R -2 zone. Otherwise, main and accessory building height maximums
shall not exceed 50 feet.
(4) Setbacks.
(a) Exceptions to the general minimum front and interior yard setback
requirements stated in Table 9.2170 Commercial Zone General Building
Height and Setback Standards are contained in:
1. EC 9.6745 Setbacks - Intrusions Permitted
2. EC 9.6750 Special Setback Standards
(b) The maximum front yard setbacks stated in Table 9.2170 Commercial
Zone General Building Height and Setback Standards, shall apply only
to new buildings and any building addition that increases the length of
the building facade facing a street, internal accessway, private drive, or
shopping street as defined in EC 9.2175(3) by at least 100 %. For
purposes of this subsection, front yard setback may be measured from a
public street or from the edge of the sidewalk furthest from the curb of
an internal accessway, private drive, or shopping street. In addition, all
new buildings and the portion of the development site specifically
affected by the new building are subject to the requirements of this
subsection. (See Figure 9.2170(4)(b) Maximum Front Yard Setbacks,
Building Orientation, and Entrances.)
1. In C -1, at least 80% of all street facing facades of the building
must be within the specified maximum front yard setback.
2. In C -2 and C -3, a minimum of 25% of all street facing facades
must be within the specified maximum front yard setback, or,
orientation to an internal accessway, private drive, or shopping
street as defined in EC 9.2175(3) is permitted in compliance with
EC 9.2173(4)(a).
3. In GO, at least 60% of all street facing facades of the building
must be within the specified maximum front yard setback.
4. Vehicular parking and circulation is not permitted in between the
street and the portion of the building that is used to comply with
this subsection.
5. Buildings fronting on a street must provide a main entrance facing
the street on any facade of the building within the front yard
setback. A main entrance is a principal entrance through which
people enter the building. A building may have more than one
main entrance. Buildings having frontage on more than one
street shall provide at least one main entrance oriented to a street.
6. The land between the portion of a building complying with EC
9.2170(4)(b)1. or 2. and a street must be landscaped or paved
with a hard surface for use by pedestrians. If a hard surface is
provided, the area must contain at least the equivalent of 1
pedestrian amenity for every 200 square feet of hard surface. The
use of porous materials for hard surfacing is encouraged.
Residential developments are exempt from this subsection. (See
Figure 9.2170(4)(b)6. Landscaped or Paved Pedestrian Area
with Pedestrian Amenities.)
7. The maximum front yard setback may be exceeded if the area
between the building and the front property line is landscaped or
paved for use by pedestrians. The area must contain at least the
equivalent of 1 enhanced pedestrian amenity for every 200 square
Ordinance - Page 4 of 16
feet of hard surface. (See Figure 9.2170(4)(b)6. Landscaped or
Paved Pedestrian Area with Pedestrian Amenities.)
(c) Where lot lines abut property within a residential zone category, the
minimum interior yard setback for any building shall be 10 feet. Within
the Downtown Plan Area as shown on Map 9.2161(6) Downtown Plan
Map, adjustments to this section may be made based on the criteria in
EC 9.8030(16).
(d) For lots zoned C -1 within the S -JW Jefferson Westside Special Area
Zone boundaries as shown on Figure 9.3605, setbacks from all portions
of interior lot lines (as that term is defined for purposes of the S -JW
Special Area Zone) shall be at least 10 feet from the interior lot line. In
addition, at a point that is 20 feet above grade, the setback shall slope
at the rate of 10 inches vertically for every 12 inches horizontally
(approximately 50 degrees from vertical) away from that lot line.
(e) Adjustments. Except for the Downtown Plan Area as shown on Map
9.2161(6) Downtown Plan Map, adjustments to the minimum and
maximum front yard setbacks in this subsection, except subsection
(4)(a), may be made, based on criteria at EC 9.8030(2) Setback
Standards Adjustment. Within the Downtown Plan Area, adjustments to
the minimum and maximum front yard setbacks in this subsection,
except subsection (4)(a), may be made, based on the criteria at EC
9.8030(16).
(5) Landscaping. The following landscape standards apply to new buildings, and
the portion of the development site specifically affected by the new building
and shall be subject to the requirements of this subsection.
(a) Minimum Landscape Area Required In all commercial zones, except C-
2 within the Downtown Plan Area as shown on Map 9.2161(6) and C -3,
a minimum of 10 percent of the development site shall be landscaped
with living plant materials. Within the C -2 zone within the Downtown
Plan Area, a minimum of 5 percent of the development site shall be
landscaped with living plant materials. No minimum landscaping is
required in the C -3 zone. All required landscaping shall comply with
landscape standards beginning at EC 9.6200 Purpose of Landscape
Standards Any required landscaping, such as for required front or
interior yard setbacks or off- street parking areas, shall apply toward the
development site minimum landscape requirement. The area of exterior
landscaping on the roof of a building or exposed terrace may be used to
meet the 10% minimum landscaping standard. Up to 50% of the
landscape area may be a hard surface for recreational or enhanced
pedestrian space.
(b) Minimum Landscape Standard Unless otherwise specified in this land
use code, required landscape areas must, at a minimum, comply with
EC 9.6210(1) Basic Landscape Standard (L -1).
(c) Landscaping In Interior Yard Setbacks Abutting Residential Zones
Landscape planting beds within the interior yard setbacks abutting a
residential zone shall be a minimum of 7 feet in width and shall comply
with EC 9.6210(3) High Screen Landscape Standard (L -3).
(d) Street Trees Street tree requirements are specified in EC 7.280 Street
Tree Program - Policies, Standards, Procedure
(e) Within the Downtown Plan Area as shown on Map 9.2161(6) Downtown
Plan Map, adjustments to subsections (a) and (b) may be made based
Ordinance - Page 5 of 16
on the criteria in EC 9.8030(16).
(6) Fences.
(a) Types The type of fence, wall or screen used in any situation is limited
only by specific requirements stated in landscape standards beginning
at EC 9.6200 Purpose of Landscape Standards
(b) Locations and Heights
1. Fences up to 42 inches in height are permitted within the minimum
or maximum front yard setback whichever is greater.
2. Fences up to 8 feet high are allowed in interior yard setbacks.
3. The height of fences that are not in required setback areas is the
same as the regular height limits of the zone.
4. Fences must meet standards in EC 9.6780 Vision Clearance
Area (See Figure 9.2170(6) Fencing Standards in Commercial
Zones and Figure 9.0500 Vision Clearance Area.)
(c) Adjustments Within the Downtown Plan Area as shown on Map
9.2161(6) Downtown Plan Map, adjustments to subsections (6)(a) and
(6)(b) may be made based on the criteria in EC 9.8030(16).
(7) Outdoor Storage Areas. Except for plant nurseries, outdoor storage is not
permitted in any commercial zone. All merchandise to be stored must be
enclosed entirely within buildings or structures.
(8) Outdoor Merchandise Display.
(a) Except for plants and garden supply products, outdoor merchandise
display is not allowed in C -1 and GO zones.
(b) In the C -2 and C -4 zones, outdoor display of the uses listed in
subsection 1. of this subsection, is permitted when in conformance with
the standards listed in subsection 2. of this subsection.
1. Plants and garden supply products; motor vehicle sales, service,
and repair; new and used boat sales; large equipment sales and
rentals; service station pump islands; vending machines;
manufactured home sales; children's outdoor play equipment; and
hot tubs.
2. Outdoor merchandise display is not permitted in required setback
areas. Except for plant and garden supply displays, outdoor
display areas shall be set back a minimum of 7 feet from the front
lot lines with required setbacks landscaped to at least the EC
9.6210(1) Basic Landscape Standard (L -1).
(c) In the C -3 zone, outdoor merchandise display is permitted if all
products are placed in an enclosure after business hours.
(d) Except for the Downtown Plan Area as shown on Map 9.2161(6)
Downtown Plan Map, adjustments to subsection (b)2. of this section
may be made based on criteria in EC 9.8030(2)(d). Within the
Downtown Plan Area, adjustments to subsection (8)(b)2. may be made
based on the criteria in EC 9.8030(16).
(9) Garbage Screening. All outdoor garbage collection areas shall be screened
on all sides within a solid perimeter enclosure that meets the following
standards:
(a) Materials within enclosures shall not be visible from streets and adjacent
properties.
(b) Required screening shall comply with EC 9.6210(6) Full Screen Fence
Landscape Standard (L -6).
(c) Garbage collection areas shall not be located within required setbacks.
Ordinance - Page 6 of 16
Trash or recycling receptacles for pedestrians are exempt from these
requirements.
(10) Underground Utilities. All utilities on the development site shall be placed
underground. Except for the Downtown Plan Area as shown on Map 9.2161(6)
Downtown Plan Map, adjustments to this section may be made based on
criteria in EC 9.8030(5). Within the Downtown Plan Area, adjustments to this
section may be made based on criteria in EC 9.8030(16). Refer also to EC
9.6775.
(11) Delivery and Loading Facilities.
(a) Delivery and loading facilities are not permitted in required setback
areas.
(b) On lots abutting parcels with a residential zone, delivery and loading
facilities shall be set back a minimum of 10 feet from property lines with
required interior yard setbacks landscaped to at least the standards in
EC 9.6210(4) High Wall Landscape Standard (L -4).
(12) Drive - Through Facilities.
(a) Application The regulations in (b) through (e) of this subsection apply
to the establishment of new drive through facilities, the addition of travel
lanes for existing drive - through facilities in existing developments, and
the relocation of an existing drive - through facility.
(b) Drive - Through Facilities in C -1 Zone Drive - through facilities are not
permitted in C -1 zones.
(c) Service Areas Setback and Landscaping Service areas and stacking
lanes shall be set back a minimum of 10 feet from all lot lines. Setback
areas abutting a street shall be landscaped to at least the standards in
EC 9.6210(1) Basic Landscape Standard (L -1). Interior yard setback
areas must be landscaped to at least the standards in EC 9.6210(3)
High Screen Landscape Standard (L -3).
(d) Driveway Entrances All driveway entrances, including stacking lane
entrances, must be at least 100 feet from an intersection, as measured
along the property line from the tangent point of a corner radius and the
closest edge of a driveway.
(e) Stacking Lanes Design of stacking lanes shall conform with the
requirements of EC 9.6415 Loading and Drive - Through Design
Standards
(f) Adjustments Except for lots adjacent to land zoned residentially:
1. Outside of the Downtown Plan Area as shown on Map 9.2161(6)
Downtown Plan Map, adjustments to subsection (c) Service Areas
Setback and Landscaping may be made based on criteria at EC
9.8030(2) Setback Standards Adjustment.
2. Within the Downtown Plan Area adjustments to subsection (c)
Service Areas Setback and Landscaping and subsection (e)
Stacking Lanes may be made based on the criteria at EC
9.8030(16).
Section 4 . Section 9.2171 of the Eugene Code, 1971, was incorporated into Section
9.2170 of that Code. All references to Section 9.2171, including but not limited to the
Ordinance - Page 7 of 16
references in Table 9.3125(3)(8), Section 9.3815, and Table 9.6205, are hereby updated to
reflect the amendment.
Section 5 . Subsections (2), (8) and (9) of Section 9.2173 of the Eugene Code, 1971, are
amended; a new subsection (11) is added to Section 9.2173; and subsection (11) is
renumbered to subsection (12) to provide as follows:
9.2173 Commercial Zone Development Standa - Large Commercial Facilities
(2) Application of Standards.
(a) In addition to the standards of EC 9.2170 Commercial Zone
Development Standards - General except as provided in subsection (b)
below, all of the standards in this section apply to any new building with
25,000 square feet or more of floor area in commercial or non-
residential use, and the portion of the development site specifically
affected by the new building.
(b) The standards in subsections (5), (6), (7), (9) and (11) do not apply with
the Downtown Plan Area as shown on Map 9.2161(6) Downtown Plan
Map.
(8) Service and Loading Areas.
(a) Loading docks, outdoor storage, utility meters, mechanical equipment,
trash collection, trash compaction, and other service functions shall
comply with the standards stated in EC 9.2170 Commercial Zone
Development Standards - General
(b) Outdoor areas for the display and sale of seasonal inventory shall be
permanently defined and landscaped as set forth in EC 9.2170(8)
Outdoor Merchandise Display.
(9) Delivery and Loading Facilities. Delivery and loading facilities shall be set
back a minimum of 30 feet from interior yards abutting residentially zoned lots
with required setbacks landscaped to at least the standards in EC 9.6210(4)
High Wall Landscape Standard (L -4).
(11) Interior Yard Setbacks from Residential Zoning. Interior yard setbacks
shall be a minimum of 30 feet from abutting residentially zoned lots.
(12) Adjustments. Except for the Downtown Plan Area, adjustments to the
standards in this section may be made, based on criteria at EC 9.8030(6)
Large Commercial Facilities Standards Adjustment. Within the Downtown Plan
Area as shown on Map 9.2161(6) Downtown Plan Map, adjustments to the
standards in this section may be made based on the criteria at EC 9.8030(16).
Section 6 . 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
(2) Special Use Limitations.
(a) Except for the Downtown Plan Area as shown on Map 9.2161(6)
Downtown Plan Map, no use may include a drive - through facility, unless
Ordinance - Page 8 of 16
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 on the development site may contain 50,000 square
feet of building area on the ground floor.
Section 7 . Section 9.4290 of the Eugene Code, 1971, is amended to provide as follows:
9.4290 Density and Development Standards In addition to the requirements of the base
zone, the following standards shall apply to all development, except that the
standards in subsection (2) and (3) do not apply to single - family dwellings or
duplexes:
(1) Minimum Residential Density and Floor Area Ratio (FAR).
(a) Where the base zone is R -1 or R -1.5, new subdivisions shall achieve a
minimum residential density of 8 units per net acre. Minimum residential
density in R -2 shall be 15 units per net acre; in R -3 it shall be 25 units
per net acre; and in R -4 it shall be 30 units per net acre.
(b) Where the base zone is C -1, C -2, C -3, or GO, the /TD standards in EC
9.4530 shall apply, except that the minimum floor area ratio (FAR) shall
be 1.0 FAR (1.0 square feet of floor area to 1 square foot of the
development site).
(c) Where the base zone is C -4, 1-1,1-2, or 1 -3, the /TD standards in EC
9.4530 shall apply, except that the minimum floor area ratio (FAR) shall
be .40 FAR (.40 square feet of floor area to 1 square foot of the
development site).
(2) Building Setbacks.
(a) Buildings shall be set back a maximum of 15 feet from the street. There
is no minimum setback.
(b) Where the site is adjacent to more than one street, a building is required
to meet the above maximum setback standard on only one of the
streets.
(3) Parking Between Buildings and the Street.
(a) Automobile parking, driving, and maneuvering areas shall not be located
between the main building(s) and a street.
(b) For a development site that abuts a street, parking may be located at
the rear of the building or on 1 or both sides of a building when at least
60 percent of the site frontage abutting the street (excluding required
interior yards) is occupied by a building and /or an enhanced pedestrian
space with no more than 20 percent of the 60 percent in enhanced
pedestrian spaces, as described in EC 9.4530(3)(c).
(c) For purposes of determining the percent of site frontage, the building or
enhanced pedestrian space shall be within 15 feet of the street.
Ordinance - Page 9 of 16
(d) For a development site with frontage on more than one street, these
standards only apply along one street frontage.
(4) Adjustments. An adjustment to any of the standards in this section may be
made based on the criteria in EC 9.8030(31).
Section 8 . Subsections (4) and (7) of Section 9.4530 of the Eugene Code, 1971, is
amended to provide as follows:
9.4530 /TD Transit O riented Development Overlay Zone Development Standards
(4) Parking Between Buildings and the Street.
(a) Automobile parking, driving, and maneuvering areas shall not be located
between the main building(s) and a street.
(b) For a development site that abuts a street, parking may be located at
the rear of the building or on 1 or both sides of a building when at least
60 percent of the site frontage abutting the street (excluding required
interior yards) is occupied by a building and /or an enhanced pedestrian
space with no more than 20 percent of the 60 percent in enhanced
pedestrian spaces, as described in EC 9.4530(3)(c).
(c) For purposes of determining the percent of site frontage, the building or
enhanced pedestrian space shall be within 15 feet of the street. (See
Figure 9.4530(6) Parking Between Buildings and the Street in /TD
Area.)
(d) For a development site with frontage on more than one street, these
standards only apply along one street frontage.
(7) Adjustments. An adjustment to any of the standards in this section may be
made based on the criteria in EC 9.8030(32).
Section 9 . Subsections (2) and (16) of Section 9.8030 of the Eugene Code, 1971, are
amended, and Sections (31) and (32) of Section 9.8030, are 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.
(2) Setback Standards Adjustment. Where this land use code provides that the
setback standards applicable to specific zones may be adjusted, the
standards may be adjusted upon finding that the proposed setback is
consistent with the following applicable criteria:
(a) Minimum and Maximum Front Yard Setback Adjustment The minimum
or maximum required front yard setback may be adjusted if the proposal
achieves all of the following:
1. Contributes to the continuity of building facades along the street.
2. Creates an attractive pedestrian environment along all adjacent
streets
3. Is compatible with adjacent development.
Maximum front yard setbacks may be adjusted without any requirement
for pedestrian amenities if the location of the front yard is unsafe or
Ordinance - Page 10 of 16
intrinsically unsuitable for pedestrians or to protect disruption to
significant natural resources.
(b) Minimum Setbacks for Park Improvements in PRO Zone The minimum
required special setbacks for park improvements may be adjusted upon
a finding that the proposal achieves all of the following:
1. Consistent with EC 9.2600 Purpose of PRO Park, Recreation and
Open Space Zone.
2. Is compatible with adjacent development.
(c) Minimum Setbacks for Drive - Through Facility Service Areas and
Stackinq Lanes Standards establishing a minimum setback for service
areas and stacking lanes may be adjusted upon a finding that the
proposal achieves all of the following:
1. Is compatible with adjacent development.
2. Creates an attractive pedestrian environment along all adjacent
streets.
3. Where necessary, provides visual separation between adjacent
development.
(d) Outdoor Merchandise Display in C -2 and C -4 The limitation on outdoor
merchandise display in EC 9.2170(8)(b)2. may be adjusted upon a
finding that the proposed adjustment is consistent with the intent set out
in EC 9.2170(1).
(16) Downtown Plan Area. Where this land use code provides that a
development standard applicable within the Downtown Plan Area as shown on
Map 9.2161(6) Downtown Plan Map may be adjusted, approval of the request
shall be given if the applicant demonstrates consistency with all of the
following:
(a) The requested adjustment will allow the project to achieve an equivalent
or higher quality design than would result from strict adherence to the
standards through:
1. A building orientation, massing, articulation and fagade that
contribute positively to the surrounding urban environment; and
2. An overall site and building design that creates a safe and
attractive pedestrian environment. Design elements for this
purpose may include special architectural design features, high
quality materials, outdoor seating, pedestrian - scaled lighting,
prominent entries facing the street, multiple openings or windows,
and a significant use of clear, untinted glass.
(b) Impacts to any adjacent residentially -zoned property are minimized.
Design elements for this purpose may include treatment of building
massing, setbacks, screening and landscaping.
(c) For adjustments pursuant to EC 9.2170(10) only, placing utilities
underground would be unreasonably onerous to the applicant.
(31) /ND Nodal Development Overlay Zone. Where this land use code provides
that a development standard applicable within the /ND Nodal Development
overlay zone may be adjusted, approval of the request shall be given if the
applicant demonstrates consistency with all of the following:
(a) The requested adjustment will allow the project to achieve an equivalent
or higher quality design than would result from strict adherence to the
standards through:
1. A building orientation, massing, articulation and fagade that
contribute positively to the surrounding urban environment; and
Ordinance - Page 11 of 16
2. An overall site and building design that creates a safe and
attractive pedestrian environment. Design elements for this
purpose may include special architectural design features, high
quality materials, outdoor seating, pedestrian - scaled lighting,
prominent entries facing the street, multiple openings or windows,
and a significant use of clear, untinted glass.
(b) Impacts to any adjacent residentially -zoned property are minimized.
Design elements for this purpose may include treatment of building
massing, setbacks, screening and landscaping.
(32) /TD Transit Oriented Development Overlay Zone. Where this land use code
provides that a development standard applicable within the /TD Transit
Oriented Development overlay zone may be adjusted, approval of the request
shall be given if the applicant demonstrates consistency with all of the
following:
(a) The requested adjustment will allow the project to achieve an equivalent
or higher quality design than would result from strict adherence to the
standards through:
1. A building orientation, massing, articulation and fagade that
contribute positively to the surrounding urban environment; and
2. An overall site and building design that creates a safe and
attractive pedestrian environment. Design elements for this
purpose may include special architectural design features, high
quality materials, outdoor seating, pedestrian - scaled lighting,
prominent entries facing the street, multiple openings or windows,
and a significant use of clear, untinted glass.
(b) Impacts to any adjacent residentially -zoned property are minimized.
Design elements for this purpose may include treatment of building
massing, setbacks, screening and landscaping.
Section 10 . EC "Map 9.8670 Downtown Traffic Impact Analysis Exempt Area" is added
as shown on Exhibit D attached hereto, and Section 9.8670 of the Eugene Code, 1971, is
amended to provide as follows:
9.8670 Applicability Traffic Impact Analysis Review is required when one of the
conditions in subsections (1) — (4) of this section exist unless the development is
within an area (a) shown on Map 9.8670 Downtown Traffic Impact Analysis Exempt
Area, or (b) subject to a prior approved Traffic Impact Analysis and is consistent with
the impacts analyzed.
(1) The development will generate 100 or more vehicle trips during any peak hour
as determined by using the most recent edition of the Institute of
Transportation Engineer's Trip Generation. In developments involving a land
division, the peak hour trips shall be calculated based on the likely
development that will occur on all lots resulting from the land division.
(2) The increased traffic resulting from the development will contribute to traffic
problems in the area based on current accident rates, traffic volumes or
speeds that warrant action under the city's traffic calming program, and
identified locations where pedestrian and /or bicyclist safety is a concern by the
city that is documented.
(3) The city has performed or reviewed traffic engineering analyses that indicate
Ordinance - Page 12 of 16
approval of the development will result in levels of service of the roadway
system in the vicinity of the development that do not meet adopted level of
service standards.
(4) For development sites that abut a street in the jurisdiction of Lane County, a
Traffic Impact Analysis Review is required if the proposed development will
generate or receive traffic by vehicles of heavy weight in their daily operations.
For purposes of EC 9.8650 through EC 9.8680, "daily operations" does not include
routine services provided to the site by others, such as mail delivery, garbage
pickup, or bus service. "Daily operations" does include, but is not limited to, delivery
(to or from the site) of materials or products processed or sold by the business
occupying the site. For purposes of EC 9.8650 through EC 9.8680, "heavy vehicles"
are defined as a single vehicle or vehicle combination greater than 26,000 pounds
gross vehicle weight or combined gross vehicle weight respectively.
Section 11 . Subsection (3) of Section 9.9650 of the Eugene Code, 1971, is amended to
provide as follows:
9.9650 TransPlan Policies
(3) Transportation System Improvements: Roadways. Motor vehicle level of
service policy:
(a) Use motor vehicle level of service standards to maintain acceptable and
reliable performance on the roadway system. These standards shall be
used for:
1. Identifying capacity deficiencies on the roadway system.
2. Evaluating the impacts on roadways of amendments to
transportation plans, acknowledged comprehensive plans and
land -use regulations, pursuant to the TPR (OAR 660 -12- 0060).
3. Evaluating development applications for consistency with the land -
use regulations of the applicable local government jurisdiction.
(b) Acceptable and reliable performance is defined by the following levels of
service under peak hour traffic conditions:
1. Level of Service F within Eugene's Downtown Traffic Impact
Analysis Exempt Area;
2. Level of Service E within the portion of Eugene's Central Area
Transportation Study (CATS) area that is not within Eugene's
Downtown Traffic Impact Analysis Exempt Area; and
3. Level of Service D elsewhere.
(c) Performance standards from the OHP shall be applied on state facilities
in the Eugene - Springfield metropolitan area.
In some cases, the level of service on a facility may be substandard. The
local government jurisdiction may find that transportation system
improvements to bring performance up to standard within the planning horizon
may not be feasible, and safety will not be compromised, and broader
community goals would be better served by allowing a substandard level of
service. The limitation on the feasibility of a transportation system
improvement may arise from severe constraints including but not limit to
environmental conditions, lack of public agency financial resources, or land
use constraint factors. It is not the intent of Policy F -15: Motor Vehicle Level
of Service to require deferral of development in such cases. The intent is to
Ordinance - Page 13 of 16
defer motor vehicle capacity increasing transportation system improvements
until existing constraints can be overcome or develop an alternative mix of
strategies (such as: land use measures, TDM, short -term safety
improvements) to address the problem.
Section 12 . TSI Roadway Policy #2 of the Eugene - Springfield Transportation System
Plan (TransPlan), is amended to provide as follows:
TSI Roadway Policy #2: Motor Vehicle Level of Service
1. Use motor vehicle level of service standards to maintain acceptable and reliable
performance on the roadway system. These standards shall be used for:
a. Identifying capacity deficiencies on the roadway system.
b. Evaluating the impacts on roadways of amendments to transportation
plans, acknowledged comprehensive plans and land -use regulations,
pursuant to the TPR (OAR 660 -12- 0060).
C. Evaluating development applications for consistency with the land -use
regulations of the applicable local government jurisdiction.
2. Acceptable and reliable performance is defined by the following levels of service
under peak hour traffic conditions:
a. Level of Service F within Eugene's Downtown Traffic Impact Analysis
Exempt Area;
b. Level of Service E within the portion of Eugene's Central Area
Transportation Study (CATS) area that is not within Eugene's Downtown
Traffic Impact Analysis Exempt Area; and
C. Level of Service D elsewhere.
3. Performance standards from the OHP shall be applied on state facilities in the
Eugene - Springfield metropolitan area.
In some cases, the level of service on a facility may be substandard. The local
government jurisdiction may find that transportation system improvements to bring
performance up to standard within the planning horizon may not be feasible, and safety
will not be compromised, and broader community goals would be better served by
allowing a substandard level of service. The limitation on the feasibility of a
transportation system improvement may arise from severe constraints including but not
limit to environmental conditions, lack of public agency financial resources, or land use
constraint factors. It is not the intent of TSI Roadway Policy #2: Motor Vehicle Level of
Service to require deferral of development in such cases. The intent is to defer motor
vehicle capacity increasing transportation system improvements until existing constraints
can be overcome or develop an alternative mix of strategies (such as: land use
measures, TDM, short -term safety improvements) to address the problem.
Policy F.15 of the Eugene - Springfield Area Metropolitan Plan, is amended as follows:
F.15 Motor vehicle level of service policy:
a. Use motor vehicle level of service standards to maintain acceptable and reliable
Ordinance - Page 14 of 16
performance on the roadway system. These standards shall be used for:
(1) Identifying capacity deficiencies on the roadway system.
(2) Evaluating the impacts on roadways of amendments to transportation
plans, acknowledged comprehensive plans and land -use regulations,
pursuant to the TPR (OAR 660 -12- 0060).
(3) Evaluating development applications for consistency with the land -use
regulations of the applicable local government jurisdiction.
b. Acceptable and reliable performance is defined by the following levels of service
under peak hour traffic conditions:
(1) Level of Service F within Eugene's Downtown Traffic Impact Analysis
Exempt Area;
(2) Level of Service E within the portion of Eugene's Central Area
Transportation Study (CATS) area that is not within Eugene's Downtown
Traffic Impact Analysis Exempt Area; and
(3) Level of Service D elsewhere.
C. Performance standards from the OHP shall be applied on state facilities in the
Eugene - Springfield metropolitan area.
In some cases, the level of service on a facility may be substandard. The local
government jurisdiction may find that transportation system improvements to bring performance
up to standard within the planning horizon may not be feasible, and safety will not be
compromised, and broader community goals would be better served by allowing a substandard
level of service. The limitation on the feasibility of a transportation system improvement may
arise from severe constraints including but not limit to environmental conditions, lack of public
agency financial resources, or land use constraint factors. It is not the intent of TSI Roadway
Policy #2: Motor Vehicle Level of Service to require deferral of development in such cases. The
intent is to defer motor vehicle capacity increasing transportation system improvements until
existing constraints can be overcome or develop an alternative mix of strategies (such as: land
use measures, TDM, short -term safety improvements) to address the problem.
Section 13 . Notwithstanding Section 9 of this Ordinance adopting amendments to EC
9.8030(16), the previous amendment to EC 9.8030(16)(a) adopted by Ordinance No. 20513 on
July 8, 2013, which will become effective on August 9, 2013, shall continue and is neither
repealed nor superseded by this Ordinance.
Section 14 . The findings set forth in Exhibit E attached to this Ordinance are adopted as
findings in support of this Ordinance.
Section 15 . 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
Ordinance - Page 15 of 16
other provisions of the Eugene Code, 1971, to the provisions added, amended or repealed
herein.
Section 16 . If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portions hereof.
Passed by the City Council this
22 day of July, 2013
City Recorder
Approved by the Mayor this
2 day of July, 2013
ayor
Ordinance - Page 16 of 16
Exhibit A
Figure
9.2170(4)(b)
,�•�
15' maximum fron
yard setback for
C -1, C -2 and C -3.
See Figure 9.2173(3) for
buildings over 25,000
square feet floor area.
setback. -- Buildin Portion within Setbacks: In C -2 or
Building Portion within Setbacks:
In C -1, atleast80% of all street
facing building facades must be
within the specified maximum
E C-1 \
.c
E - --
nimum
9
C -3, at least 25% of all street facing
building facades must be within the
specified maximum setback (0 to 15 feet).
C -2 or C -3 p
5%
S idewa
P lantin
Property Line
Landscape:
The space between the b
and street complying with the
maximum setback above must be
landscaped or an enhanced
pedestrian space in accordance
with EC 9.6210(1) Basic
Landscape Standard or Figure
9.2171(5)(e).
Building portion within setbacks:
In GO, at least 60% of all street
facing building facades must be
within the specified maximum
setback ( 0 -15 feet).
and Pedestrian Amenities:
The maximum front yard setback may
be exceeded if the area between the
building and the street is landscaped or
paved for use by pedestrians. The area
must contain at least the equivalent of 1
enhanced pedestrian amenity for every
200 square feetof hard surface. See
Figure 9.2171(5)(e) and Figure
9.4530(8).
*= Main E ntrance
Exhibit B
Figure
'9.2170(4)(b)6
Street
EXAMPLE:
• 1,000 square feet of hard surface
with minimum of 1 amenity per 200
square feet.
• 5 Amenities Required:
Select among design elements
i.e. seating area, drinking
fountain, public art, planter, kiosk.
• Selected: 2 seating areas
2 planters
1 kiosk
Exhibit C
Figure
'9.2170(6)
Fences up to 8'
feet in height are
permitted in the
interior yard
setbacks.
Fences up to 42
inches in height are
permitted within the
maximum front yard
setback.
�.—. Fence up to 8 feet
Fence up to 42 inches
- - - — Property Line
C � 42 inch maximum
height in front yard
setback.
8 foot maximum
height in interior
yard setback.
Main Entrance
NOTE:
The type of fence, wall or
screen used in any
situation is limited only by
specific requirements
stated in the landscape
standards beginning at
EC 9.6200 Purpose of
Landscape Standards.
- --
p
Street 15 feet maximum
Sidewalk front yard setback
for C -1, C -2 and
C -3.
m m m m m m
Exhibit D
Map 9.8670
Downtown Traffic Impact Analysis Exempt Area
Eugene
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Exhibit E
Preliminary Findings
Downtown /Mixed Use Land Use Code and Metro Plan /TransPlan Amendments
(City Files CA 13 -1 and MA 13 -1)
Overview
This package of code and plan amendments is intended to facilitate desired mixed use development
for downtown, along transit corridors and in commercial areas. Consistent with several strategies in
the Envision Eugene proposal, the purpose of these amendments is to facilitate compact urban
development by changing land use regulations to better align with Envision Eugene.
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).
Specifically, these amendments are part of a package of land use efficiency strategies the city is
relying on to accommodate approximately 400 commercial jobs and 1,600 multi - family homes inside
the UGB by increasing the likelihood of redevelopment in the downtown, along transit corridors and
in core commercial areas. The code amendments address the following topic areas:
• Housing in Commercial Zones
• Surface Parking Limitation in the C -3 Major Commercial Zone
• Large Commercial Facilities Standards in Downtown
• Commercial Landscaping Standards
• Nodal Development ( /ND) Overlay Zone
• Transit Oriented Development ( /TD) Overlay Zone
• Traffic Impact Analysis /Level of Service in Downtown
• General Commercial Standards (housekeeping)
Related to the code amendment to eliminate the traffic impact analysis within the downtown area, a
concurrent Metro Plan Amendment would revise a policy in the Metro Plan and TransPlan to reduce
the acceptable performance standard (level of service) for the corresponding area.
Land Use Code Amendments (CA 13 -1)
Eugene Code Section 9.8065 requires that the following approval criteria (in bold 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 insure the opportunity for
citizens to be involved in all phases of the planning process and set out requirements for such
involvement. The amendments do not amend the citizen involvement program. The process for
adopting these amendments complied with Goal 1 because it is consistent with the citizen
Exhibit E
involvement provisions.
Prior to the formal adoption process, community stakeholders with experience and expertise in
downtown and mixed use development gave feedback on the concepts and code language. These
stakeholders included property owners, neighborhood advocates, developers, commercial brokers,
architects, and the Chamber of Commerce. 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 were used in considering these
amendments. The record shows that there is an adequate factual base for the amendments. 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 and when the City uses the
information obtained in the exchange to balance the needs of the citizens. 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 exceptions to Statewide Planning Goal 2required 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.
The 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.•
Findings - 2
Exhibit E
(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.
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 urban growth boundary. 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 amendments to not affect the City's ability
to provide for clean air, water or land resources. Therefore, Statewide Planning Goal 6 does not
apply.
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. The Goal prohibits a development in natural hazard areas without appropriate
safeguards. The 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, Statewide Planning Goal 7 does not apply.
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 amendments do not affect
the City's provisions for or access to recreation areas, facilities or recreational opportunities.
Therefore, Statewide Planning Goal 8 does not apply.
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.
Findings - 3
Exhibit E
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 Lands Study (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 Eugene Commercial Lands Study acknowledged that the inventory of commercial land is dynamic
and that different commercial services need to be accommodated through a variety of means. An
emphasis of the study is to encourage higher intensity in -fill and redevelopment of commercial lands
by constraining the supply of new commercial land. Findings addressing the relevant policies of the
Eugene Commercial Lands Study are provided below under EC 9.8065 (2), and are incorporated
herein by reference.
The amendments are specifically intended to facilitate downtown and mixed use development and
redevelopment. The amendments do not affect the amount of land designated or zoned for
commercial use and will have no direct impact on the existing supply of commercially designated
land. Therefore, the code amendments are consistent with Statewide Planning Goal 9.
Goal 10 - Housing To provide for the housing needs of citizens of the state.
Goal 10 requires that communities plan for and maintain an inventory of buildable residential land for
needed housing units. Several of the amendments increase the possibility for development or
redevelopment of properties downtown or within the C -2 Community Commercial zone for
residential uses. However, the amendments 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. 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.
The Transportation Planning Rule (OAR 660 - 012 -0060) contains the following requirement:
(1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a land use
regulation (including a zoning map) would significantly affect an existing or planned
transportation facility, then the local government must put in place measures as provided in
section (2) of this rule, unless the amendment is allowed under section (3), (9) or (10) of this rule.
A plan or land use regulation amendment significantly affects a transportation facility if it
would:
Findings - 4
Exhibit E
(a) Change the functional classification of an existing or planned transportation facility
(exclusive of correction of map errors in an adopted plan);
(b) Change standards implementing a functional classification system; or
(c) Result in any of the effects listed in paragraphs (A) through (C) of this subsection based on
projected conditions measured at the end of the planning period identified in the adopted
TSP. As part of evaluating projected conditions, the amount of traffic projected to be
generated within the area of the amendment may be reduced if the amendment includes
an enforceable, ongoing requirement that would demonstrably limit traffic generation,
including, but not limited to, transportation demand management. This reduction may
diminish or completely eliminate the significant effect of the amendment.
(A) Types or levels of travel or access that are inconsistent with the functional classification
of an existing or planned transportation facility,
(8) Degrade the performance of an existing or planned transportation facility such that it
would not meet the performance standards identified in the TSP or comprehensive
plan; or
(C) Degrade the performance of an existing or planned transportation facility that is
otherwise projected to not meet the performance standards identified in the TSP or
comprehensive plan.
The proposed amendments do not change the functional classification of a transportation facility or
change the standards implementing a functional classification system. Therefore, the amendments
do not have a significant effect under (a) or (b). In regards to (c), the level of residential and
commercial development currently permitted through existing code and zoning regulations will
remain the same as a result of these amendments. Therefore, the amendments do not significantly
affect any existing or future transportation facilities.
Regarding the code amendment to eliminate the traffic impact analysis requirement within the
downtown plan area, with the exception of the properties in the EWEB Master Plan, and the
concurrent plan amendment to reduce the allowable level of service to F for the corresponding area,
removal of this local mechanism to evaluate mobility within a limited geographic area, and the policy
decision to accept potentially increased levels of congestion within this area do not allow for an
increase in traffic generation or the degradation of any transportation facilities. Rather, these
amendments recognize that due to the unique characteristics of this area, the traffic impact analysis
tool has limited to no benefit. These unique characteristics include an established gridded street
pattern; multiple lower and higher order streets that enter and exit the area; numerous options for
distribution and assignments of projected trips; lower speeds; ample facilities for alternative modes;
unlikelihood that new intersections, new street alignments or widths would be proposed;
development is primarily redevelopment of existing properties with minimal to zero setbacks; and
existing access management standards to control new driveway locations. Additionally, the
Transportation Planning Rule provides for this tool (change in performance standard) as a policy
choice for cities to consider in transportation /land use planning. As such, the reduction itself does
not create an impact on the transportation system under this criterion.
Further details regarding the changes to the policy language of the Metro Plan and TransPlan to
Findings - 5
Exhibit E
amend the relevant level of service are provided under the findings related to consistency with the
Metro Plan and applicable adopted plans at EC 9.8065(2) and under the findings related to the Metro
Plan and TransPlan amendment at EC 9.7730(3)
Based on the above findings, the amendment is consistent with Statewide Planning Goal 12.
Goal 13 - Energy Conservation To conserve energy.
The amendments do not impact energy conservation. 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 Willamette River Greenway regulations,
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 property effected
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
The following policies from the Metro Plan (identified below in italics) are applicable to these
amendments. To the extent that the following policies constitute mandatory approval criteria, based
on the findings provided below, the amendments are consistent with and supported by the
applicable provisions of the Metro Plan.
Residential Land Use and Housing Element
Residential Density Policies:
A.13 Increase overall residential density in the metropolitan area by creating more
Findings - 6
Exhibit E
opportunities for effectively designed in fill, redevelopment, and mixed use while
considering impacts of increased residential density on historic, existing and future
neighborhoods.
A. 14 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.
To the extent this policy applies to commercial lands, this package of amendments creates
opportunities for, and removes barriers to, higher density housing and mixed use opportunities by
allowing housing on the ground floor in the C -2 Community Commercial zone, and one and two
residential units in commercial buildings within the C -3 Major Commercial zone, consistent with these
policies. The city's multi - family development standards will continue to apply to buildings that are
entirely residential, thus ensuring that building and site design are considerations.
Housing Type and Tenure Policies
A.19 Encourage residential developments in or near downtown core areas in both cities.
Consistent with this policy, the amendments provide for more opportunities for residential
development in and near the downtown core area of Eugene, by allowing housing on the ground
floor in the C -2 Community Commercial zone, and by allowing one and two residential units in
commercial buildings within the C -3 Major Commercial zone.
Design and Mixed Use Policies
A.22 Expand opportunities for a mix of uses in newly developing areas and existing
neighborhoods through local zoning and development regulations.
The purpose of these amendments is to facilitate desired mixed use development for downtown,
along transit corridors and in commercial areas, including allowing more opportunities for housing in
commercial areas, consistent with this policy.
A.23 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.
To the extent this policy applies, the amendments are consistent as the existing applicable site,
landscape and design standards will remain. Furthermore, these amendments do not allow for
increased density or intensity of development, and are intended to apply within more urban settings,
thereby minimizing impacts on surrounding neighborhoods.
Economic Element
8.14 Continue efforts to keep the Eugene and Springfield central business districts as vital
centers of the metropolitan area.
Findings - 7
Exhibit E
Several of the amendments apply specifically to the Downtown Plan area. The amendments will
encourage economic activities by increasing the flexibility of the /ND Nodal Development and /TD
Transit Oriented Development Overlay Zones, as well as better align the commercial development
standards with desired downtown development.
Transportation Element
Land Use Policies
F.2 Support application of the nodal development strategy in designated areas through
information, technical assistance, or incentives.
Consistent with this policy, the amendments to provide flexibility and clarity to the /ND Nodal
Development Overlay Zone and the amendments that apply within the downtown (which is
designated nodal development) help to encourage and incentivize nodal development, thereby
supporting the concept.
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 % 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.
The purpose of these amendments is to facilitate desired mixed use development for downtown,
along transit corridors and in commercial areas, consistent with this policy. By increasing flexibility
and clarity in the /ND Nodal Development Overlay Zone and the /TD Transit Oriented Development
Overlay Zone, the amendment will allow for increased development opportunities and economic
activity within downtown and designated nodal areas. Increased commercial development in
downtown and along key transit corridors supports a transit - supportive land use pattern because of
the location of the existing and planned transit routes within these areas.
F.4 Require improvements that encourage transit, bicycles, and pedestrians in new
commercial, public, mixed use, and multi -unit residential development.
To the extent this policy applies, the amendments are consistent with this policy in that the existing
land use code standards related to improvements for transit, bicycles and pedestrians are not being
changed as a result of the amendments. Given that the purpose of these amendments is to facilitate
downtown and mixed used use development, which emphasizes alternative modes of travel, the
amendments support this policy.
Transportation System Improvements: Roadways
F.15 Motor vehicle level of service policy:
a. Use motor vehicle level of service standards to maintain acceptable and reliable
performance on the roadway system. These standards shall be used for:
Findings - 8
Exhibit E
(1) Identifying capacity deficiencies on the roadway system.
(2) Evaluating the impacts on roadways of amendments to transportation plans,
acknowledged comprehensive plans and land -use regulations, pursuant to the
TPR (OAR 660 - 012 - 0060).
(3) Evaluating development applications for consistency with the land -use
regulations of the applicable local government jurisdiction.
b. Acceptable and reliable performance is defined by the following levels of service
under peak hour traffic conditions: LOS E within Eugene's Central Area
Transportation Study (CATS) area, and LOS D elsewhere.
c. Performance standards from the OHP shall be applied on state facilities in the
Eugene - Springfield metropolitan area.
In some cases, the level of service on a facility may be substandard. The local
government jurisdiction may find that transportation system improvements to
bring performance up to standard within the planning horizon may not be feasible,
and safety will not be compromised, and broader community goals would be better
served by allowing a substandard level of service. The limitation on the feasibility
of a transportation system improvement may arise from severe constraints,
including but not limited to environmental conditions, lack of public agency
financial resources, or land use constraint factors. It is not the intent of TSI
Roadway Policy #2: Motor Vehicle Level of Service to require deferral of
development in such cases. The intent is to defer motor vehicle capacity increasing
transportation system improvements until existing constraints can be overcome or
develop an alternative mix of strategies (such as: land use measures, TDM, short -
term safety improvements) to address the problem.
Concurrent with the land use code amendment to eliminate the requirement for a traffic impact
analysis within the downtown is an amendment to this Metro Plan and identical TransPlan policy to
reduce the acceptable performance standard (from Level of Service E to F) for the corresponding
area. As amended, the amendments are consistent with this policy.
F.17 Manage the roadway system to preserve safety and operational efficiency by adopting
regulations to manage access to roadways and applying these regulations to decisions
related to approving new or modified access to the roadway system.
Consistent with this policy, the City of Eugene adopted access management standards in 2010 that
regulate the location of new and modified accesses to streets. These amendments do not modify or
change the applicability of these standards.
Finance
F.36 Require that new development pay for its capacity impact on the transportation
system.
Consistent with this policy, developments will continue to be subject to transportation system
Findings - 9
Exhibit E
development charges (SDCs). These amendments do not modify or change the applicability of SDCs.
Applicable Refinement Plans
Given the broad applicability of these amendments (some apply downtown, some apply within the C-
2 Community Commercial zone, which is found city wide, and some apply within the /ND Nodal
Development and the /TD Transit Oriented Development overlay zones), all adopted refinement
plans were reviewed for consistency.
No relevant policies were found in the following adopted refinement plans:
o Bethel - Danebo Refinement Plan (1982)
o Bethel - Danebo Refinement Plan Phase II (1977)
o Comprehensive Stormwater Management Plan (1993)
o Laurel Hill Neighborhood Plan (1982)
o Fairmount /U of O Special Area Study (1982)
o 19th and Agate Special Area Study (1988)
o Riverfront Park Study (1985)
o River Road -Santa Clara Urban Facilities Plan (1987)
o South Hills Study (1974)
o South Willamette Subarea Study (1987)
o Walnut Station Specific Area Plan (2010)
o Westside Neighborhood Plan (1987)
o Whiteaker Plan (1994)
o Willow Creek Special Area Study (1982)
o Resolution No. 3862 Adopting the West 11th Commercial Land Use Policy and Refining the
Eugene - Springfield Metropolitan Area General Plan (1984)
o Resolution No. 3885 Establishing Areas for the Application of C -4 Commercial - Industrial
District Zoning, and Amending Resolution No. 3862 (1984)
Findings addressing relevant provisions of applicable refinement plans are provided below.
Central Area Transportation Study (2004)
1. Promote the development of a transportation system within the downtown area that
supports the goals of the Downtown Plan, enhances the livability of downtown, preserves
the livability and economic vitality of areas within and directly adjacent to the CATS
boundary, and provides for the safe and efficient movement of motor vehicles, pedestrians,
bicycles and transit vehicles.
To the extent that this policy constitutes mandatory approval criteria, the City of Eugene has
undertaken a number of actions to promote a transportation system within downtown that is
consistent with this policy. These actions include transportation system plan updates, new access
management standards, improved parking lot standards, parking exempt areas, transportation
demand programs, support for transit and alternative modes, revised parking minimums and
maximums, and continued emphasis on compact urban development through a variety of planning
Findings - 10
Exhibit E
efforts. The implementation strategies associated with this policy are geared at actions that the city,
not individual project developers, could take to implement these policies, including converting one
way streets to two ways, making changes in the courthouse district, studying a north -south arterial,
and studying the feasibility of a fixed rail trolley.
8. Support intensive development in the downtown area by balancing new parking supply with
specific area demands and ensure an adequate supply of parking is available downtown to
meet the needs of residents, workers and customers of downtown facilities.
To the extent that this policy constitutes mandatory approval criteria, the City of Eugene has
undertaken several actions to balance parking supply with demand, including establishing and
maintaining parking exempt areas, floor area ratio requirements and city parking programs.
Additionally, the city has provided incentives to developers to redevelop sites throughout downtown,
including several former surface parking lots.
Eugene Commercial Lands Study (1992)
6.0 Promote redevelopment of existing commercial areas and compact, dense growth by
encouraging business to revitalize and reuse existing commercial sites.
To the extent that this policy constitute mandatory approval criteria, the amendments are consistent
in that the amendments assist private developers to invest in the downtown and other commercial
areas by removing impediments in the land use code
12.0 Concentrate development in existing commercial areas to minimize traffic impacts on the
rest of the city.
15.0 Improve the quality of planning for commercial traffic impacts.
These policies apply to the siting of new commercial areas (see Page III -9 of the Eugene Commercial
Lands Study). As no lands are being re- designated to commercial as part of these amendments, these
policies are not applicable.
26.0 Encourage parking lot design that is attractive, does not exceed a reasonable ratio or
parking spaces per building areas, and support compact growth.
To the extent that this policy constitutes mandatory approval criteria, the amendments are
consistent in that the amendments do not revise or otherwise modify the parking lot landscape or
design standards. The City of Eugene has addressed and completed a number of the implementation
strategies suggested to implement this policy, including increased parking lot landscape
requirements, height limits on light fixtures, establishing parking exempt areas and requiring site
improvements to support alternative transportation.
Findings - 11
Exhibit E
Eugene Downtown Plan (2004)
The Downtown Plan contains numerous policies supporting mixed use and density in downtown. The
Downtown Plan states that, "[w]ith the exception of Policy IV 3, relating to EWEB's riverfront
property, the policies in the Downtown Plan are aspirational, and cannot be the basis for denial of
public or private proposals regarding change in the downtown." Even though the policies are not
mandatory, it is worth noting that the proposal is consistent with the following policies:
1.2. Downtown development shall support the urban qualities of density, vitality, livability and
diversity to create a downtown, urban environment.
11.2. Use downtown development tools and incentives to encourage development that provides
character and density downtown.
V.1. Stimulate multi -unit housing in the downtown core and on the edges of downtown for a
variety of income levels and ownership opportunities.
The intent of the code amendments is to facilitate desired dense, mixed -use downtown development
by better aligning the land use code with desired outcomes. The code amendments address these
policies by providing additional flexibility for housing and downtown projects while still achieving an
equivalent or higher quality urban environment.
Jefferson Far West Refinement Plan (1983)
Although there are no policies in this refinement plan that directly address the amendments or
constitute mandatory approval criteria, the following policy in the Neighborhood Economic
Development Element of the plan lends general support for the amendments:
3.0 Take actions to continue to attract investment by the private sector in the central city.
Additionally, the following policies in the Commercial /Industrial Element lend general support for the
amendments:
1.0 Promote a mix of mutually supportive land uses which will help stimulate neighborhood-
based economics.
2.0 Encourage both public and private actions which will improve the overall appearance of
commercial areas and the condition of non - residential structures.
TransPlan (2002)
The applicable policies from TransPlan are addressed above, under the Metro Plan, as these plans
contain identical transportation policies. Those findings are incorporated herein by reference.
West University Refinement Plan (1982)
Findings - 12
Exhibit E
Transportation and Parking Policy:
1. The adverse effects of motor vehicle movement and parking shall be mitigated as much as
possible.
A portion of the Downtown Plan falls within the boundaries of the West University Refinement Plan.
This area has unique characteristics that lessen the need to mitigate motor vehicle movement
through a traffic impact analysis. These unique characteristics include lower adopted mobility
standards than all other areas in the city; an established grid pattern of interconnected streets;
multiple lower and higher order streets that enter and exit the downtown core; numerous options for
distribution and assignments of projected trips; generally lower speeds; ample transit facilities;
infrastructure to support alternate modes of travel; access management standards to control new
driveway locations; and the unlikeliness that new intersections, new street alignments or widths or
additional lanes would be proposed or exacted given the existing development patterns. The traffic
impact analysis will remain applicable to all other areas within the West University Refinement Plan.
Land Use, Housing and Commerce Policy:
9. The City will encourage residential uses in all parts of the plan area. The intent of this policy
is to provide housing opportunities in all zoning districts in the plan area, but not to the
exclusion of other uses in non - residential areas.
To the extent that this policy constitutes mandatory approval criteria, the code amendments are
consistent in that the amendments allow for, but do not mandate, additional housing opportunities in
the C -2 Community Commercial zone.
Willakenzie Area Plan (1992)
Although there are no policies in this refinement plan that directly address the amendments or
constitute mandatory approval criteria, the following land use policy lends general support for the
amendments:
7. Mixed use developments that combine living, working and shopping opportunities shall be
encouraged in the study area.
Based on the above findings, the proposal is consistent with and supported by the applicable
provisions of these adopted plans.
(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 - 13
Exhibit E
Metro Plan and TransPlan Amendment (City File MA 13 -1)
Concurrent with the land use code amendment to eliminate the requirement for a traffic impact
analysis within the Downtown Plan area, with the exception of the EWEB Master Plan properties, is
an amendment to the Metro Plan and TransPlan policies (Transportation System Improvements:
Roadway Policy F.15 of Metro Plan and Transportation System Improvements: Roadway Policy 2 in
TransPlan) to reduce the acceptable performance standard (from Level of Service E to F) for the
corresponding area
The policy (which is identical in both plans) with the amendment showing in bold underline italics is
provided below:
Motor vehicle level of service policy:
(a) Use motor vehicle level of service standards to maintain acceptable and reliable
performance on the roadway system. These standards shall be used for:
1. Identifying capacity deficiencies on the roadway system.
2. Evaluating the impacts on roadways of amendments to transportation plans,
acknowledged comprehensive plans and land -use regulations, pursuant to the TPR
(OAR 660 -12- 0060).
3. Evaluating development applications for consistency with the land -use regulations
of the applicable local government jurisdiction.
(b) Acceptable and reliable performance is defined by the following levels of service under
peak hour traffic conditions:
1. Level of Service F within Eugene's Downtown Traffic Impact Analysis Exempt Area;
2. Level of Service E within the portion of Eugene's Central Area Transportation Study
(CATS) area that is not within Eugene's Downtown Traffic Impact Analysis Exempt
Area; and
3. Level of Service D elsewhere.
(c) Performance standards from the OHP shall be applied on state facilities in the Eugene -
Springfield metropolitan area.
In some cases, the level of service on a facility may be substandard. The local government
jurisdiction may find that transportation system improvements to bring performance up to
standard within the planning horizon may not be feasible, and safety will not be compromised,
and broader community goals would be better served by allowing a substandard level of service.
The limitation on the feasibility of a transportation system improvement may arise from severe
constraints including but not limit to environmental conditions, lack of public agency financial
resources, or land use constraint factors. It is not the intent of Policy F -15: Motor Vehicle Level
of Service to require deferral of development in such cases. The intent is to defer motor vehicle
capacity increasing transportation system improvements until existing constraints can be
overcome or develop an alternative mix of strategies (such as: land use measures, TDM, short -
term safety improvements) to address the problem.
Eugene Code Section 9.7730(3) requires that the following approval criteria (in bold italics) be
Findings - 14
Exhibit E
applied to a Metro Plan /TransPlan amendment:
(3) Criteria for Approval of Plan Amendment. The following criteria shall be applied by the city
council in approving or denying a Metro Plan amendment application:
(a) The amendment must be consistent with the relevant Statewide Planning Goals adopted
by the Land Conservation and Development Commission; and
Findings addressing the relevant Statewide Planning Goals are addressed above under EC 9.8065(1),
and are incorporated herein by reference as demonstration of consistency with this criterion.
(b) Adoption of the amendment must not make the Metro Plan internally inconsistent.
The Metro Plan and TransPlan text amendment to reduce to level of service within the Downtown
Plan Area (with the exception of the EWEB properties) from level of service E to F will not create an
internal conflict with the remainder of the Metro Plan. No other text changes and no diagram
changes are necessary to ensure internal consistency with the proposed text amendments; adoption
of this amendment will not make the Metro Plan internally consistent. The findings addressing the
relevant policies of the Metro Plan and TransPlan are addressed above under EC 9.8065(2) and are
incorporated herein by reference as demonstration of consistency with this criterion.
Findings - 15