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HomeMy WebLinkAboutAdopted OrdinanceCOUNCIL ORDINANCE NO. 20619 COUNCIL BILL 5213 AN ORDINANCE AMENDING THE WHITEAKER PLAN; REPEALING THE EWEB DOWNTOWN RIVERF RONT SPECIFIC AREA PLAN; AMENDING CHAPTER 9 OF THE EUGENE CODE; AMENDING THE EUGENE ZONING MAP AND OVERLAY ZONE MAP; RESCINDING THE WILLAMETTE GREENWAY PERMIT APPROVED BY ORDINANCE NO.20513 AND APPROVING A NEW WILLAMETTE GREENWAY PERMIT; APPROVING A TENTATIVE SUBDIVISION; APPROVING A /WR WATER RESOURCES OVERLAY ZONE STANDARDS REVIEW; AND PROVIDING AN EFFECTIVE DATE. ADOPTED: July 22, 2019 SIGNED: July 26, 2019 PASSED: 7: 0 REJECTED: OPPOSED: ABSENT: Evans EFFECTIVE: August25, 2019 ►'-<ok. ORDINANCE NO. 20619 AN ORDINANCE AMENDING THE WHITEAKER PLAN; REPEALING THE EWEB DOWNTOWN RIVERFRONT SPECIFIC AREA PLAN; AMENDING CHAPTER 9 OF THE EUGENE CODE; AMENDING THE EUGENE ZONING MAP AND OVERLAY ZONE MAP; RESCINDING THE WILLAMETTE GREENWAY PERMIT APPROVED BY ORDINANCE NO. 20513 AND APPROVING A NEW WILLAMETTE GREENWAY PERMIT; APPROVING A TENTATIVE SUBDIVISION; APPROVING A /WR WATER RESOURCES OVERLAY ZONE STANDARDS REVIEW; AND PROVIDING AN EFFECTIVE DATE. [Approving Applications: CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, SDR 19-2] THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The Whiteaker Plan is revised as follows: A. Add text to the Land Use Element Policy 2 under the "City Policies 1 Implementation Strategies" heading as shown: Apply Site Review subdistrict zoning to properties that are zoned C-2 General Commercial, GO General Office, or 1-2 Light-Medium Industrial that are adjacent, across an alley, or across a street from land zoned low-density residential since the uses on these properties are potentially incompatible with the following exception: Do not apply Site Review to C-2 zoned land within the 6th/7th Avenue Commercial Area. Also apply Site Review to properties that are across adjacent, across an alley, or across a street from land within a historic district with the following exceptions: Do not apply Site Review to property zoned PL Public Land, S-DR Downtown Riverfront Special Area Zone or low- density residential. Also apply Site Review to all properties zoned MU-W Whiteaker Mixed Use and to all properties zoned R-2120 or any other residential zoning district that allows an equal or higher residential density, excluding property in a historic district or in the S-DR Downtown Riverfront Special Area Zone. For parcels zoned with the site review subdistrict as part of the Whiteaker Plan implementation rezonings, the triggering threshold for when to apply site review shall be as follows: Site review is required for new development, except for the expansion or alternation of single-family structures in residential use. New development is defined as the development of a new structure, excluding single-family structures, or an addition to an existing structure that expands the building footprint. B. Add text to the Add text to the Land Use Element Policy 2 under the "Skinner Butte Mixed Use Are - Subarea 11" heading as shown: Change the zoning in the Skinner Butte Mixed Use Area to apply the MU-W Whitaker Ordinance Page 1 of 3 Mixed Use District to properties designated for Mixed Use on the Whiteaker Plan Land Use Diagram except for parcels that are zoned SD Special Development District. Apply R-3 Multiple-Family Residential zoning to properties designated Limited High-Density Residential. Allow future rezoning of parcels zoned SD as initiated by the property owner. Apply SR Site Review subdistrict zoning to all property zoned MU-W Whitaker Mixed Use, except for property in the S-DR Downtown Riverfront Special Area Zone. Section 2. The EWEB Downtown Riverfront Specific Area Plan, adopted by Section 2 of Ordinance No. 20513, is repealed. Section 3. The text, maps and figures of Chapter 9 of the Eugene Code, 1971, are amended, repealed, and/or replaced as shown on Exhibit A ('Eugene Code Chapter 9 Text, Maps and Figures Amended, Repealed or Replaced"). Section 4. The Eugene Zoning Map and Overlay Zone Map are amended as shown on the table and maps at Exhibit B (`Eugene Zoning Map and Overlay Zone Map Amendments"). Section 5. The Willamette Greenway permit approved by Ordinance No. 20513 is hereby rescinded and, pursuant to EC 9.8800 - 9.8825, the City Council hereby approves the Downtown Riverfront Willamette Greenway Permit application (WG 19-3) for the portion of the Willamette River Greenway within the boundaries of the S-DR Riverfront Special Area Zone (allowing development consistent with the applicable S-DR Downtown Riverfront Special Area Zone code provisions as amended and/or adopted by this Ordinance). The Willamette Greenway Permit approved by this Ordinance shall remain in effect for any land within the Willamette Greenway boundaries in the S-DR zone for as long as that land continues to be in the S-DR zone. A new Willamette River Greenway setback boundary is hereby established in accordance with the applicable approval criteria at Section 9.8815(5)(a) of the Eugene Code, as shown on Exhibit C ('Regulatory Plan"). Section 6. Pursuant to EC 9.8500 - 9.8515, the City Council hereby approves Downtown Riverfront Tentative Subdivision application ST 19-3. Section 7. Pursuant to the policy adopted into the Eugene Code at Section 9.4920(5) by the City Council in Ordinance, 20352 (November 14, 2005), areas that were developed prior to November 14, 2005, were excluded from the /WR Water Resources Overlay Zone Conservation Area. By Ordinance No. 20513 (July 8, 2013), the City Council identified the portion of the Downtown Riverfront Special Area Zone that includes land subject to this exclusion from the /WR Conservation Area. For illustrative purposes, the location of that prior developed area is shown on Exhibit C (`Regulatory Plan"). Section 8. Pursuant to EC 9.8460 - 9.8472, the City Council hereby approves the Downtown Riverfront /WR Water Resources Overlay Zone Standards Review application SDR 19-2. Section 9. In support of the actions taken by the City through this Ordinance, the City Council accepts the findings provided in Exhibit D to this Ordinance. Section 10. The City Recorder, at the request of, or with the consent 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. Ordinance Page 2 of 3 Section 11. This Ordinance, including the land use approvals granted herein, shall become effective 30 days from the date of its adoption by the Council and approval by the Mayor. Passed by the City Council this 22"`' day of July, 2019 Deputy City Recorder Approved by the Mayor this day of July, 2019 Mayor Ordinance Page 3 of 3 Ordinance No 20619 Exhibit A Eugene Code Chapter 9 Text, Maps and Figures Amended, Repealed or Replaced • Section 9.3130 of the Eugene Code, 1971, is amended to provide as follows: 9.3130 Purpose of S-DR Downtown Riverfront Special Area Zone. (1) Purpose. The purpose of the Downtown Riverfront Special Area Zone (S-DR) is to support the creation of an active, vibrant, people place along Eugene's downtown riverfront that achieves an appropriate balance between redevelopment certainty and flexibility; furthers economic development; incorporates educational aspects; supports the appropriate enhancement of riverfront habitat; and promotes a mix of uses that complement and support existing downtown and riverfront uses. (2) Design Objectives. The design objectives of the S-DR Zone are to: (a) Create a "people place" that is active, vibrant, accessible, and multi-use. (b) Provide appropriate setbacks, deeper where environmental or habitat issues are critical, and shallower in other areas. (c) Incorporate appropriate building and site design techniques that address environmental concerns. (d) Include educational aspects that teach about the city, river, and history. (e) Support development of an integrated network of open space, habitat enhancement, and cultural landscape areas. Page 1 of 39 Ordinance No 20619 Exhibit A • Figure 9.3135 S-DR Zone Regulating Plan is repealed and replaced as follows: Figure 9.3135 S-DR Zone Regulating Plan. E 3RD AVE VJ } E, 7E ~ - E 4TH AVE r: r r + r r ~ r U ! ~ r ~ r Q C.7 ! ra r r Q r 7 r L E 5TH AVE rr r E 8TH AVE H . I/ E 7TH AVE 11 E BTH AVE LEGEND BOUNDARIES DOWNTOWN RIVERFRONT AREA WILLAMETTE GREENWAY SETBACK SUBDISTRICTS MU MIXED USE CL CULTURAL LANDSCAPE & OPEN SPACE OVERLAY SUBDISTRICTS 1 ACTIVE 2 PEOPLE ADAPTIVE REUSE OF EXISTING BUILDINGS STEAM PLANT Q EWEB HEADQUARTERS w ~ y y 4 `9~ S" cs 7ra O Page 2 of 39 Ordinance No 20619 Exhibit A • Section 9.3140 of the Eugene Code, 1971, is amended to provide as follows: 9.3140 S-DR Downtown Riverfront Special Area Zone Sitina Reauirements. In addition to the approval criteria at EC 9.8865 Zone Change Approval Criteria, the site must be included within the Downtown Riverfront area depicted on Figure 9.3135 S-DR Zone Regulating Plan. The subdistrict and overlay subdistrict designations applicable to the property are shown on Figure 9.3135 S-DR Zone Regulating Plan and may be more precisely located on individual lots upon land division approval. • Section 9.3145 of the Eugene Code, 1971, is amended to provide as follows: 9.3145 S-DR Downtown Riverfront Special Area Zone Permitted Uses. The uses listed at EC 9.3145(1) through (8) are permitted in the S-DR Zone as specified below, except as limited at EC 9.3146 S-DR Downtown Riverfront Special Area Zone Prohibited Uses and EC 9.3147 S-DR Downtown Riverfront Special Area Zone Willamette Greenway Setback. Accessory uses as defined at EC 9.0500 are permitted. (1) Retail Sales and Service Uses. Permitted as specified in (a) through (c) below. This category of uses refers to the sale, lease, or rent of products to the general public; personal services; entertainment; product repair; or services for consumer and business goods. (a) Retail Sales-Oriented. Permitted in S-DRIMU, S-DRIMUI1, and S- DRIMUI2. Examples include, but are not limited to: 1. Consumer home and business goods stores; 2. Consumer vehicle stores (including passenger vehicles, motorcycles, light and medium trucks, boat and watercraft, bicycles, and other recreational vehicles) provided the activity is within a building; 3. General merchandise stores (including supermarket and department stores). (b) Personal Service-Oriented. Permitted in S-DRIMU, S-DRIMUl1 (above ground floor only), and S-DRIMUI2. Examples include, but are not limited to: 1. Banks and credit unions; 2. Business, arts, and other trade schools; 3. Dance or music studios; 4. Mail, photo, copy, and package services; 5. Personal care services; 6. Urgent medical care; 7. Daycare, preschools, and nursery schools. (c) Entertainment-Oriented. Permitted in S-DRIMU, S-DRIMUI1, and S- DRIMUI2. Examples include, but are not limited to: 1. Artist galleries and studios; 2. Health clubs, gyms, membership clubs, and lodges; 3. Hotels, motels, and other temporary lodging; 4. Indoor or outdoor entertainment activities (including pool halls, bowling alleys, ice rinks, and game arcades); 5. Restaurants, cafes, delicatessens, brewpubs, taverns, and bars; 6. Theaters. Page 3 of 39 Ordinance No 20619 Exhibit A (2) Office Uses. Permitted in S-DRIMU, S-DRIMUII (above ground floor only), and S-DRIMUI2. This category of uses refers to activities conducted in an office setting generally focused on business, professional, medical, or financial services. Examples include, but are not limited to: (a) Financial businesses (including lenders, brokerage houses, bank headquarters, and real estate agents); (b) Medical, dental, and veterinarian clinics and laboratories; (c) Professional services (including lawyers, accountants, engineers, architects, and planners); (d) Sales offices; (e) TV and radio studios; (f) Live/work units (where there is an office on the ground floor with residential above in an interconnected unit). (3) Residential Uses. Permitted in S-DRIMU, S-DRIMUII (above ground floor only), and S-DRIMUI2. This category of uses refers to the residential occupancy of a dwelling unit by one family. Tenancy is arranged for a minimum of 30 days or longer. Uses where tenancy may be arranged for a shorter period are not considered residential. They are considered to be a form of temporary lodging and are listed under "Retail Sales and Service". Examples of residential uses include, but are not limited to: (a) Apartments and retirement center apartments (including those with accessory services such as food service, dining rooms, and housekeeping); (b) Condominiums; (c) Rowhouses. (4) Institutional Uses. Permitted in S-DRIMU and S-DRIMUI2 (above ground floor only). This category of uses refers to: (a) Activities of a public, nonprofit, or charitable entity, which provide a local service to the community. Generally, they provide the service on the site or have employees at the site on a regular basis. Examples include, but are not limited to: 1. Community centers; 2. Daycare, preschools, and nursery schools; 3. Government services; 4. Libraries, museums, and interpretive centers; 5. Municipal services (including drive-through facilities); 6. Public and private schools, colleges, and universities; 7. Religious institutions; 8. Senior centers; 9. Transit stations; 10. Surface parking owned or operated by a public agency. (b) Special events sponsored or operated by a public agency (notwithstanding the standards for Temporary Activities at EC 9.5800). (5) Manufacturing and Production Uses. Permitted in S-DRIMU. This category of uses refers to the manufacturing, processing, fabrication, packaging, or assembly of goods. Examples include, but are not limited to: (a) Breweries, distilleries, and wineries; (b) Catering establishments; (c) Processing of food and related products; (d) Production of energy; (e) Weaving or production of textiles or apparel; Page 4 of 39 Ordinance No 20619 Exhibit A (f) Woodworking (including cabinet makers). (6) Industrial Service Uses. Permitted in S-DRIMU. This category of uses refers to the repair or servicing of industrial, business, or consumer machinery, equipment, products, or by-products. Examples include, but are not limited to: (a) Electric motor repair; (b) Printing, publishing, and lithography; (c) Research and development laboratories; (d) Repair of scientific or professional instruments; (e) Sales, repair, or storage for building, heating, plumbing, or electrical contractors; (7) Parks and Open Space Uses. Permitted in S-DRIMU, S-DRIMU/1, S- DRIMUI2, and S-DRICL. This category of uses refers to areas used for public recreational activities and areas having scenic, biological, or ecological significance identified for preservation or enhancement. Examples include, but are not limited to: (a) Parks, public squares, plazas, boardwalks, fountains, arboretums, trails, multi-use paths, gardens, and natural areas; (b) Park furnishings (including play equipment, picnic tables, benches, bicycle racks, and interpretive signage); (c) Park structures (including kiosks, gazebos, pavilions, picnic shelters, pergola, arbors, and restrooms); (d) Green infrastructure (including infiltration planters, rain gardens, flow- through planters, vegetated swales, vegetated filter strips, and water quality ponds, basins, and wetlands). (8) Utilities and Communications Uses. Permitted in S-DRICL and S-DRIMU. This category of uses refers to above ground infrastructure services that include, but are not limited to: (a) Water, gas, sanitary sewer, stormwater treatment and drainage, electric, telephone, and cable service infrastructure; (b) Pumping stations, underground transmission facilities, and substations; (c) District heating and cooling systems (including geothermal wells); (d) Related physical facilities that do not include buildings regularly occupied by employees, parking areas, or vehicle, equipment, or material storage areas. • Section 9.3146 of the Eugene Code, 1971, is amended to provide as follows: 9.3146 S-DR Downtown Riverfront Special Area Zone Prohibited Uses. The following uses are not permitted in the S-DR Zone. (1) The following "Retail Sales and Service Uses" are not permitted. (a) Agricultural Machinery Rental; (b) Casinos; (c) Drive-through facilities, except as permitted at EC 9.3145(4)(e); (d) Indoor firing ranges; (e) Heavy Equipment Sales; (f) Kennels; (g) Mortuaries; Page 5 of 39 Ordinance No 20619 Exhibit A (h) Outdoor sales or leasing of consumer vehicles, including passenger vehicles, motorcycles, light and medium trucks, boat and watercraft, and other recreational vehicles; (i) Recreational vehicle parks; Q) Recycling or transfer stations (with the exception of small recycling centers as defined at EC 9.0500); (k) Taxidermists; (1) Vehicle service such as motor vehicle repair, tires sales and service, gas station, or car wash. (m) A retail marijuana use that is located within 1,000 feet of another retail marijuana use. 1. "Premises" means the location of a retail marijuana use described in a license issued by the Oregon Liquor Control Commission pursuant to ORS 4786.105. 2. "Retail Marijuana Use" means a recreational marijuana retail facility licensed by the Oregon Liquor Control Commission pursuant to ORS 478B.105. 3. "Within 1,000 Feet" means a straight line measurement in a radius extending for 1,000 feet or less in every direction from the closest point anywhere on the premises of a retail marijuana use to the closest point anywhere on the premises of another retail marijuana use. (2) The following "Residential Uses" are not permitted. (a) Detached single-family dwellings; (b) Duplexes; (c) Manufactured housing. (3) The following "Institutional Uses" are not permitted. (a) Cemeteries; (b) Correctional facility. (4) The following "Manufacturing and Production Uses" are not permitted. (a) Concrete batching and asphalt mixing; (b) Feed lots; (c) Lumber mills, pulp and paper mills, and other wood products manufacturing; (d) Production of pre-fabricated structures (including manufactured homes); (e) Slaughterhouses and meatpacking. (5) The following "Industrial Service Uses" are not permitted. (a) Auto and truck salvage and wrecking; (b) Exterminators; (c) Fuel oil distributors; (d) Heavy truck servicing and repair; (e) Machine shops; (f) Salvage or wrecking of heavy machinery, metal, and building materials; (g) Solid fuel yards; (h) Tire re-treading or recapping; (i) Towing and vehicle storage; Q) Truck stops; (k) Welding shops. (6) The following "Parks and Open Space Uses" are not permitted. Page 6 of 39 Ordinance No 20619 Exhibit A (a) Camping; (b) Community and neighborhood centers within the S-DRICL subdistrict (permitted in the S-DRIMU subdistrict); (c) Golf course (including driving range); (d) Dwellings. (7) The following "Utilities and Communications Uses" are not permitted. Telecommunications facilities, except for telecommunications collocation and antenna, as defined at EC 9.0500 and in accordance with EC 9.5750, where applicable. • Section 9.3147 of the Eugene Code, 1971, is amended to provide as follows: 9.3147 S-DR Downtown Riverfront Special Area Zone Willamette Greenwav Setback. (1) In accordance with the requirements at EC 9.8815(5)(a), a setback line is established to keep structures separated from the Willamette River to protect, maintain, preserve, and enhance the natural, scenic, historic, and recreational qualities of the Willamette Greenway as shown in Figure 9.3135 S-DR Zone Regulating Plan and on Exhibit D to Ordinance No. 20619. (2) Uses permitted in the S-DRICL subdistrict listed at EC 9.3145(7) have been determined to be consistent with the establishment of the setback, are permitted within the setback, and are considered water-related or water- dependent activities. • Section 9.3148 of the Eugene Code, 1971, is amended to provide as follows: 9.3148 S-DR Downtown Riverfront Special Area Zone Special Use Standards for Adaptive Reuse of Existing Buildings. (1) For any alterations, expansions, or changes of use of the EWEB Headquarters and Steam Plant as identified on Figure 9.3135 S-DR Zone Regulating Plan, the General Standards for All Development at EC 9.6200 through EC 9.6255, EC 9.6400 through EC 9.6440, EC 9.6500 through EC 9.6505, EC 9.6700 through EC 9.6797, and EC 9.6800 through EC 9.6875 do not apply. (2) Alterations and expansion of the EWEB Headquarters or Steam Plant are limited to three additional stories, shall not exceed applicable maximum building height standards at EC 9.3155(3), shall not increase the existing building footprint more than 30 percent, and shall not encroach within the Willamette Greenway Setback for a use that is not water-related or water- dependent. (3) Minimum ground floor height standards at Figures 9.3155(3)(a) through (g) and outdoor storage standards at EC 9.3155(9) do not apply. • Section 9.3150 of the Eugene Code, 1971, is repealed. Page 7 of 39 Ordinance No 20619 Exhibit A • Section 9.3155 of the Eugene Code, 1971, is amended to provide as follows: 9.3155 S-DR Downtown Riverfront Special Area Zone General Development Standards (applicable to all property). (1) Application of Standards. The Special Development Standards for Certain Uses at EC 9.5000 through 9.5350 and the General Standards for All Development at EC 9.6000 through 9.6885 apply within the S-DR Zone, except as provided at EC 9.3148 through EC 9.3185. In the event of a conflict, the provisions of EC 9.3148 to EC 9.3185 shall control. (2) Setbacks (Building and Yard). Unless otherwise specified at EC 9.3180 through EC 9.3185, there are no minimum front or interior yard setbacks for a building or structure. (3) Building Height. Minimum and maximum building heights shall be determined using Figure 9.3155(3) S-DR Zone Height Regulating Plan and Figures 9.3155(3)(a) through (g). In the event of a conflict between the written text and the figures, the figures shall control. Notwithstanding the provisions in EC 9.6715 and EC 9.6720, trellises, structures providing weather protection, architectural features, and other devices may be erected no more than 12 feet above the height limits established in this land use code, whether such structure is attached to it or freestanding. (4) Building Stepbacks. Required building stepbacks in the S-DR Zone are shown on Figures 9.3155(3)(a) through (g). Stepbacks are measured from the front of the building facing a primary street, from the side of the building adjacent to an alley or, where applicable, from the side of the building when abutting the S-DRICL subdistrict. (5) Building Entrances. Buildings fronting on a street shown in Figure 9.3160(4) S-DR Zone Street Network must provide a main entrance on the facade of the building facing the street. A main entrance is the principal entry 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, or to the corner where two streets intersect. (6) Building Projections. Building projections such as bay windows and articulated balconies are permitted for no more than 50 percent of the length of the affected floor. No projection shall extend to more than 5 feet over the public right-of-way. All projections shall be a minimum of 8 feet above grade. (7) Weather Protection. Weather protection features such as canopies, awnings, or arcades shall be provided over at least the full width of all building entrances to a depth of at least 3 feet beyond the face of the building. (8) Multiple-Family Standards. The Multiple-Family Standards at EC 9.5500(1) through (14) are not applicable in the S-DR Zone, except for the following. The requirements at EC 9.5500(9)(a), (b), and (d) apply within the S-DR Zone. (9) Outdoor Storage. For non-residential development, no outdoor storage is permitted except for equipment used by an outdoor restaurant or cafe. (10) Outdoor Lighting. Outdoor lighting shall conform to standards specified at EC 9.6725 as indicated below: (a) Notwithstanding any other provisions of this code, outdoor lighting of a building facade is permitted for buildings within the S-DRIMUI2 subdistrict if provided in accordance with the standards for a building of exceptional symbolic or historic significance (refer to EC 9.6725(13)). Page 8 of 39 Ordinance No 20619 Exhibit A (b) Outdoor lighting in the S-DRIMU subdistrict shall conform to standards specified at EC 9.6725(8)(c) - Medium Ambient. (c) Outdoor lighting in the S-DRICL subdistrict shall conform to standards specified at EC 9.6725(8)(b) - Low Ambient, except that plazas and multi-use paths shall be illuminated to a minimum average maintained luminance of .9 foot-candle and not to exceed a maximum average maintained luminance of 3.5 foot-candle. (11) Delivery and Loading Areas. All delivery and loading areas in the S-DRIMU subdistrict shall meet the following standards. (a) Maneuvering and circulation related to delivery and loading is not permitted between the street and the portion of a building used to comply with building setback requirements. (b) All loading spaces shall be off the street, shall be in addition to required motor vehicle parking spaces, and shall be served by service drives, alleys, private accessways, or maneuvering areas so that no backward movement or other vehicle maneuvering within a street will be required. (c) All off-street loading spaces shall be on interior service courts, alleys, or screened from view from all adjacent property lines according to EC 9.6210(4) High Wall Landscape Standards (L-4). (d) The above standards do not apply to development in the S-DRIMUI1 overlay subdistrict. (12) Signs. Signs shall conform to standards specified at EC 9.6670 Central Commercial except as identified at EC 9.3185(3)(f) for the S-DRICL subdistrict. (13) Pedestrian Circulation. The provisions of EC 9.6730(3)(c) do not apply within the S-DR Zone. (14) Public Structured Parking. One percent of the total cost of a public parking structure must be used to include public art as a component of the parking structure. Public art used to comply with this standard shall be located on the exterior of the parking structure. Compliance with this standard shall be demonstrated at the time of building permit. (15) View Corridor Requirements. View corridors shall be provided in those areas identified on Figure 9.3155(3), in addition to compliance with other applicable standards of the S-DR Zone. View corridors shall be a minimum 40 feet in width, shall be in alignment with public rights-of-way, and shall be unobstructed by buildings or structures except a permitted at EC 3155(6). (16) Prior Developed Areas. The standards and requirements at EC 9.4900 through EC 9.4980 do not apply to prior developed areas pursuant to EC 9.4920(5) as identified on Exhibit D to Ordinance No. 20619. (17) Stormwater Quality Control Standards. The Stormwater Quality Control standards at EC 9.6792(3) are not applicable in the S-DR Zone. The following standards apply, instead: (a) For land use applications proposing the construction of a public or private street, stormwater facilities shall be selected from the Stormwater Management Manual and may be sized to also treat some or all the stormwater runoff from future development on lots adjoining the street. (b) Applications for a development permit shall comply with subsection (c) below at the time of development permit application unless the applicant has entered into an agreement with the City of Eugene demonstrating that a stormwater facility approved pursuant to (a) will treat all of the Page 9 of 39 Ordinance No 20619 Exhibit A stormwater runoff from the development being proposed by the applicant. (c) An application for a development permit that is not exempt under subsection (b) above including an application pertaining to a development that is subject to an agreement with the City of Eugene demonstrating that a stormwater facility approved pursuant to subsection (a) above will treat some, but not all, of the stormwater runoff from the proposed development: 1. Shall include stormwater quality facilities selected from the Stormwater Management Manual based on the following priority order: infiltration, filtration, off-site stormwater quality management. 2. If selecting a filtration treatment facility, shall include a report that demonstrates at least one of the following development site conditions exist: a. Infiltration rates are less than 2 inches per hour; b. Bedrock is less than 5 feet below the ground surface; C. Groundwater elevations are less than 6 feet; or, d. Ground surface slopes are greater than 10°x. 3. If selecting off-site stormwater quality management by contributing to the public off-site stormwater quality facilities, through payment of a higher stormwater system development charge adopted as part of the city's system development charge methodology, shall include a report that demonstrates there is insufficient land area to construct an approved infiltration or filtration facility by setting forth the required size of the smallest infiltration or filtration facility needed for the development's impervious surface area and a site plan demonstrating that an approved infiltration or filtration facility cannot be located on the development site without reducing the size of the proposed development which is otherwise consistent with all other applicable lot and development standards. 4. Shall design the selected stormwater quality facilities to treat all stormwater runoff from all new or replaced impervious surface areas, or an equivalent on-site area, that will result from the water quality design storm, in combination with any agreement with the city for off-site treatment of some stormwater runoff from the proposed development site. The selected stormwater quality facility does not need to treat the stormwater runoff from new or replaced impervious surface that is 500 sq. feet or less and does not gravity-feed into the selected treatment facility. 5. Shall site, design, and construct all stormwater quality facilities according to the water quality provisions and the facility design requirements set forth in the Stormwater Management Manual. 6. The standards in EC 9.3155(17)(c) may be adjusted based on the criteria set out at EC 9.8030(24)(a) and (b). Page 10 of 39 Ordinance No 2 0619 Exhibit A Figure 9.3155(1 ) -DR Zone Encroachments is repealed. Figure 9.3155(2) -DR Zone Height Regulating Plan is repealed and replaced with Figure 9.3155(3) -DR Zone Height Regulating Plan as follows: Figure 9.3155(3) S-DR Zone Height Regulating Plan. E 3RD AVE + L- 1 J I IP k- E ¢TN AWE I L ~ I E 6TH AL'E. r E67FP AVE u L E 7TH ,AWE I L I Ls _ E 8TH AVE N d~ LEGEND i HEIGHTSTANDARD A HElGHTST,ANDARD B .r L 5 0 H El GHT STAH DAR D C 'Y f k ~ HElGHTST,ANDARD D a ~ HEIGHT STANDARD E HEIGHT STANDARD F H El GHT STMJDAR D G 5KINNER BUTTE H E I G C ` LIMITATI O14 AREA EC 9,671513) : VIEW CORRIDOR C0 w Page 11 of 39 Ordinance No 20619 Exhibit A • Figure 9.3155(3)(b) S-DR Zone Height Standard "B" is repealed and replaced with Figure 9.3155(3)(a) S-DR Zone Height Standard "A" as follows: Figure 9.3155(3)(a) S-DR Zone Height Standard "A". KEY B ild t li BTL u - o ne ( ) Property Line _T Maximum building envelope. Minimum building envelope. O Buildings shall be a maximum elevation of 500 feet above sea level. © Buildings shall be a minimum of two stories; with 50 percent of the building footprint allowed to be one story. • Figure 9.3155(3)(c) S-DR Zone Height Standard "C" is repealed and replaced with Figure 9.3155(3)(b) S-DR Zone Height Standard "B" as follows: Figure 9.3155(3)(b) S-DR Zone Height Standard "B". KEY Build-to line (BTL) Property Line _T Maximum building envelope. Minimum building envelope. O Buildings shall be a maximum height of 80 feet. © Buildings shall be a minimum of three stories; with 50 percent of the building footprint allowed to be one story. © A minimum 5-foot stepback measured from the front of the building is required above 60 feet. -r° 0 Page 12 of 39 Ordinance No 20619 Exhibit A • Figure 9.3155(3)(d) S-DR Zone Height Standard "D" is repealed and replaced with Figure 9.3155(3)(c) S-DR Zone Height Standard "C as follows: Figure 9.3155(3)(c) S-DR Zone Height Standard "C". KEY B ild-t li BTL u o ne ( ) - - Property Line F I 1 \ i I Maximum building envelope. Minimum building envelope. O Buildings shall be a maximum height of 120 feet © Buildings with no residential uses h Ilk ff s a e a minimum o our stories; buildings that include any residential use shall be a minimum ofthree stories. 50 percent of the building footprint is allowed to be one story. © A minimum 5-foot stepback measured from the front of the building is required above 60 feet for buildings less than 80 feet in height. A minimum 10-foot stepback is required above 60 feet for buildings more than 80 in height measured from the front of the building. I 0 • Figure 9.3155(3)(e) S-DR Zone Height Standard "E" is repealed and replaced with Figure 9.3155(3)(d) S-DR Zone Height Standard "D" as follows: Figure 9.3155(3)(d) S-DR Zone Height Standard "D". KEY B ild t li BTL u - o ne ( ) Property Line T Maximum building envelope. Minimum building envelope. O Maximum height of 45 feet. I © Buildings shall be a minimum height of 14 feet. / _T\ Page 13 of 39 Ordinance No 20619 Exhibit A Figure 9. 1 ()(f) S-DR Zone Height Standard "F" is renamed, Figure 9.3155(3)(e) S-DR Zone Height Standard "E" as follows: Figure 9.3155(3)(e) S-DR Zone Hei ght Standard "E" KEY - - - - P"p Lre Maxrrum Ind" &TvElDpe. !~a 6 II--Irg a-01 De a nuldn-rim hr gM ° V o"301W. I Figure 9. 1 ()(g) S-DR Zone Height Standard" " is repealed and replaced with Figure 9. 1 ()(f) S-DR Zone Height Standard "F" as follows: Figure 9.3165(3)(f S-DR Zone Height Standard "F" KEY Build-tc lina cBTD - - - - Property Line O 2 E2 Existing hulldlig enelope Building addiian an%vlapa. -dial height ircluding any uddiioni Shall bt a maxim uni halght C( 75 root. 0021tle the existing bullling fooiprirt. addHorrs stall be a rraxltn urn height nr 5 5 feel. A 5-1oot rn nlrnurn stepback. Is required above 55 feel. neasutetl ham all sl7es of the exlsllnE bLAIdIng. "IN ~a. Page 14 of 39 Ordinance No 20619 Exhibit A • A new Figure 9.3155(3)(g) S-DR Zone Height Standard "G" is adopted as follows: Figure 9.3155(3)(g) S-DR Zone Height Standard "G". KEY Build-to line (31 Property Line ~ F, T,,-) Maximum building envelope- 1 Minimum building envelope ® Buildings shall be a maximum elevation of 490 feet above sea level. © Buildings shall be a minimum of two stories; with 50 percent of the building footprint allowed to be one story © Any portion of the building above 15 feet in height above grade shall be set back 20 Net from E 3rd Ave Alley. Any portion of the building V above 15 feet in height above grade shall be set back 30 feet from E 3rd Ave Alley. • Section 9.3160 of the Eugene Code, 1971, is amended to provide as follows: 9.3160 S-DR Downtown Riverfront Special Area Zone Transportation Svstem Standards. (1) General Application of Standards. Transportation facilities shall be located and constructed to standards at EC 9.6505 and EC 9.6800 through 9.6875, unless otherwise specified herein. In the event of a conflict between standards, the specific standards at EC 9.3160 shall control. (2) Transportation Network. The Street Connectivity Standards at EC 9.6815 do not apply in the S-DR Zone. The location of streets, alleys, public accessways, and multi-use paths shall be consistent with Figure 9.3160(4) S- DR Zone Street Network. (3) Street Classifications. Except for alleys and public accessways, all streets in Figure 9.3160(4) S-DR Zone Street Network are classified as public local commercial-industrial streets. (4) Design Standards. The Street Width Standards at EC 9.6870 do not apply in the S-DR Zone. Street standards shall be determined using Figure 9.3160(4) S-DR Zone Street Network and the following: (a) Street right-of-way width shall be a minimum of 62 feet for Street Type 1, 57 feet for Street Type 2, 40 feet for Street Type 3, and 50 feet for Page 15 of 39 Ordinance No 20619 Exhibit A Street Type 4 and Street Type 5. For examples, see Figures 9.3160(4)(a) through (e). (b) Street travel lane width shall be a minimum of 10 feet for all Street Types and all Street Types shall contain a minimum of two travel lanes. See Figures 9.3160(4)(a) through (e). (c) Combined pedestrian area width, including planters and green infrastructure, in accordance with EC 9.3145(7)(d), shall be a minimum of 13 feet on both sides for Street Type 1; 9 feet on one side and 12 feet on the other side Street Type 2; 10 feet on both sides for Street Type 3; and 15 feet on both sides for Street Type 4 and Street Type 5. See Figures 9.3160(4)(a) through (e). (d) Alleys shall have a minimum pavement width of 20 feet and a maximum pavement width of 26 feet. (e) Public accessways shall have a minimum pavement width of 12 feet. (f) Multi-use paths shall have a minimum pavement width of 10 feet and a maximum pavement width of 20 feet. (5) Design Review. As an alternative to compliance with (2) or (4) above, an applicant may apply for approval of an alternative through the Design Review process in accordance with the provisions of EC 9.3190. Page 16 of 39 Ordinance No 20619 Exhibit A • Figure 9.3160(1) S-DR Zone Street Network is repealed and replaced with Figure 9.3160(4) S-DR Zone Street Network as follows: Figure 9.3160(4) S-DR Zone Street Network. LEGEND i ■ ■ I !r U j 1 ~ r r r! ~ 1 r r ! 1 1 r 1 r 1 r r 1 . r ~ + i • i • i • f s • i • • PRIMARY/GREAT STREET c SECONDARY STREET ALLEY PUBLIC ACCESSWAY • • MULTI-USE PATH 0 STREET TYPE T © STREET TYPE 2 © STREET TYPE 3 0 STREET TYPE 4 © STREET TYPE 5 r' r • FFIFFT7~~•~ Page 17 of 39 Ordinance No 20619 Exhibit A • Figures 9.3160(2)(a) S-DR Zone Street Type 1 is repealed and replaced with Figures 9.3160(4)(a) S-DR Zone Street Type 1 as follows: Figures 9.3160(4)(a) S-DR Zone Street Type 1. SECTION PLAN TREE PLANTER OR GREEN INFRASTRUCTURE Street section and plan diagrams are conceptual and for reference purposes only. Page 18 of 39 8'45'8'-'-10'--A'-10'- -4-- 8' --AL 5' 8' 62' R.O.W. Ordinance No 20619 Exhibit A • Figures 9.3160(2)(b) S-DR Zone Street Type 2 is repealed and replaced with Figures 9.3160(4)(b) S-DR Zone Street Type 2 as follows: Figures 9.3160(4)(b) S-DR Zone Street Type 2. of 0 Qi W 0 J Q~ -ST- Row. SECTION PLAN TREE PLANTER OR GREENINFRASTRUCTURE BUILDING PROJECTIONS Street section and plan diagrams are conceptual and for reference purposes only. Page 19 of 39 Ordinance No 20619 Exhibit A • Figures 9.3160(2)(c) S-DR Zone Street Type 3 are repealed and replaced with Figures 9.3160(4)(c) S-DR Zone Street Type 3 as follows: Figures 9.3160(4)(c) S-DR Zone Street Type 3. SECTION J J f ~ a W • 7 4 K H I ( //0 TREE PLANTER OR GREEN INFRASTRUCTURE PLAN Street section and plan diagrams are conceptual and for reference purposes only. Page 20 of 39 5' 4- 5' -)--10- -4-10' 5' 4-5' 40' R 0 W PROJECTIONS Ordinance No 20619 Exhibit A • Figures 9.3160(2)(d) S-DR Zone Street Type 4 are repealed and replaced with Figures 9.3160(4)(d) S-DR Zone Street Type 4 as follows: Figures 9.3160(4)(d) S-DR Zone Street Type 4. SECTION PLAN P RO JE CT 10 N S PLANTER TREE OR GREEN INFRASTRUCTURE Street section and plan diagrams are conceptual and for reference purposes only. Page 21 of 39 15'- 20' I- 15' 50' ROW Ordinance No 20619 Exhibit A • Figures 9.3160(2)(e) S-DR Zone Street Type 5 are repealed and replaced with Figures 9.3160(4)(e) S-DR Zone Street Type 5 as follows: Figures 9.3160(4)(e) S-DR Zone Street Type 5. SECTION PLAN PROJECTIONS TPFF -R OR GREEN INFRASTRUCTURE Street section and plan diagrams are conceptual and for reference purposes only. Page 22 of 39 15'10'110'-L 15' 50' R0 W. Ordinance No 20619 Exhibit A • Section 9.3165 of the Eugene Code, 1971, is amended to provide as follows: 9.3165 S-DR Downtown Riverfront Special Area Zone Parking Requirements. (1) Required Off-Street Motor Vehicle Parking. Within the S-DR Zone, the minimum and maximum parking standards in Table EC 9.3165(1) apply instead of the standards in Table EC 9.6410. Table 9.3165(1) S-DR Motor Vehicle Parking Requirements Use Minimum Number of Off- Maximum Number of Off- Street Parking Spaces Street Parking Spaces Except as permitted through Adjustment Review pursuant to EC 9.8030(10)(a), the minimum Except for required parking number of required parking spaces for persons with Residential spaces shall be 0.75 parking disabilities a maximum of 2.25 spaces per dwelling unit or 0.50 , parking spaces are allowed parking spaces per dwelling unit per dwelling unit. for housing that is limited to occupancy by low income persons as defined at EC 2.910. Except for required parking for persons with disabilities, and spaces within structured Non- No minimum parking with two or more Residential levels, the maximum number of parking spaces is 1 parking space per every 250 square feet of gross floor area. (a) Location of Required Off-Street Parking. Required off-street parking shall be located on the development site, anywhere within the S-DR Zone boundary, or within % mile (or 1,320 feet) of the S-DR Zone boundary as measured along the route of the shortest existing public way or private street, in accordance with EC 9.6410(1)(a). (b) Location of On-Site Surface Parking. New on-site surface parking shall be accessory to a primary use on the same development site and may be located only on: 1. Parcels with frontage on the street adjacent to the existing railroad corridor; 2. Parcels that take access from an alley; 3. Parcels where the on-site parking is located behind the building or, if there is no alley access, to the side of the building. On-site surface parking does not include underground, structured, courtyard, tuck-under, and podium parking. On-street parking spaces within the public right-of-way and on-site parking spaces for persons with disabilities are exempt from this requirement. The provisions at EC 9.6420(1), (3), (5), and (6) do not apply to vertically stacked parking facilities in the S-DR Zone. Each vertically stacked parking space counts toward the minimum off-street parking requirement in EC 9.3165(1). Page 23 of 39 Ordinance No 20619 Exhibit A (c) Siting and Design. The provisions at EC 9.6415(2); EC 9.6420(1), (2), (3)(a), (3)(b), (3)(e), (4), (5), and (6), apply to the siting and design of parking and loading facilities in the S-DR Zone. (d) Parking Access. Parking access must be consistent with the below requirements. 1. Driveways and access connections shall be no more than 20 feet wide. 2. No more than two access connections per tax lot for lots less than 60,000 square feet in size and no more than three access connections per tax lot for lots more than 60,000 square feet in size shall be allowed, except as provided at EC 7.410. 3. Driveways and access connections are not permitted within 50 feet of any intersection of two or more streets, as measured from the nearest property corner abutting the intersection. (e) Parking Area Landscaping. Except as provided in (2) below, the parking area landscaping standards at EC 9.6205 and EC 9.6420(3) apply to off-street parking areas in the S-DR Zone, except the parking area standards at EC 9.6420(3)(c), which are not applicable in the S-DR Zone. All surface parking areas shall have a landscaped bed around the perimeter measuring 5 feet in width and landscaped to a minimum of the L-2 standard. (2) Temporary Parking. Temporary parking areas are exempt from the requirements at EC 9.6420(3) through (4) and EC 9.6791 through EC 9.6797. (a) Temporary parking areas associated with construction anywhere in the S-DR Zone may be used for no longer than 18 months. (b) Temporary parking areas may be established and operated by the City for a period no longer than 5 years provided the area is improved with a durable and dust-free surface. (3) Bicycle Parking. The minimum and maximum parking standards in Table EC 9.3165(3) apply instead of the standards in Table 9.6105(5). A maximum of two in-unit bicycle parking spaces per individual dwelling unit can be used to meet the minimum long-term requirement. Table 9.3165(3) S-DR B icycle Parking Requirements Minimum Number Maximum Number Type and % of Use of Bicycle Parking of Bicycle Parking Bicycle Parking Spaces Spaces Residential 1.5 per dwelling. No maximum. 90% long term 10% short term Non- 1 per 2,000 square No maximum. 25% long term Residential feet of floor area. 75% short term (4) Adjustment Review. As an alternative to the number of bicycle parking spaces that are required under (3) above or the number of off-street parking spaces that are required under (1) above, an applicant may apply for approval of an adjustment through the Adjustment Review process based on the criteria at EC 9.8030(9) or EC 9.8030(10)(a). Page 24 of 39 Ordinance No 20619 Exhibit A • Section 9.3170 of the Eugene Code, 1971, is amended to provide as follows: 9.3170 S-DR Downtown Riverfront Special Area Zone Landscape Reauirements. (1) Developments must conform to landscaping requirements at EC 9.6205 through 9.6255, except as provided at subsection (2) below. (2) Enhanced pedestrian amenities and urban plazas (as defined at EC 9.0500) may be provided in lieu of landscaping. • Section 9.3175 of the Eugene Code, 1971, is amended to provide as follows: 9.3175 S-DR Downtown Riverfront Special Area Zone Open Space Reauirements. (1) Either 10 percent of the development site or 10 percent of the livable floor area, whichever is greater, shall be provided as open space on the development site. (2) Up to 50 percent of the required open space under subsection (1) above may be provided on the development site through the provision of private open space, such as balconies, porches, patios, and eco-roofs. • Section 9.3180 of the Eugene Code, 1971, is amended to provide as follows: 9.3180 S-DR1MU Downtown Riverfront Special Area Zone Mixed Use Subdistrict Specific Development Standards. (1) Applicability. The standards in this section apply to areas shown on Figure 9.3135 S-DR Zone Regulating Plan as S-DRIMU, S-DRIMUI1, and S- DRIMUI2, except as provided in EC 9.3181 and EC 9.3182. (2) Specific Development Standards. (a) Build-to Lines and Setbacks. 1. Buildings shall face the street and the first two stories shall not be set back from the front property line, except for the following: a. For buildings that include only residential uses, the entire building shall be set back from the front property line a maximum of 8 feet, as shown in Figure 9.3180 Note 3. b. For all other uses, up to 50 percent of the building may be set back from the front property line a maximum of 15 feet, as shown in Figure 9.3180 Note 2. C. The setback area must be an enhanced pedestrian amenity or urban plaza as defined at EC 9.0500. d. Recessed entries are excluded from the build-to line and setback requirements. 2. Buildings shall be provided along a minimum of 60 percent of the length of the street facing property line, as shown in Figure 9.3180 Note 1. (b) Building Transparency. 1. Windows, openings, or doorways are required along all street facing ground floor walls at a minimum of 25 percent of the area of applicable ground floor walls. Page 25 of 39 Ordinance No 20619 Exhibit A 2. A blank length of wall more than 20 linear feet is prohibited along any street facing facade, unless required for elevator shafts or utility facilities. 3. Windows or openings required at subsection 1. above must allow two-way visibility and shall have a Visible Light Transmittance (VLT) of 60 percent. Twenty-five percent of the windows required at subsection 1. above shall have a VLT of 70 percent or greater. 4. Structured parking is exempt from the window requirement but shall provide openings at the percentages specified at subsection 1. above. 5. Dwelling units on the ground floor are exempt from the requirements at subsections 1. and 3. above. (c) Building Ground Floor Height. For all uses other than residential, the ground floor height shall be a minimum of 14 feet measured from floor to floor. (d) Landscape Specifications. 1. 10 percent of the total area of all development sites shall be landscaped. 2. Landscape installations shall include living plant materials covering a minimum of 70 percent of the required landscape area within 5 years of planting. (3) Design Review. As an alternative to compliance with (2)(a) through (d) above, an applicant may apply for approval of an alternative through the Design Review process in accordance with the provisions of EC 9.3190. Page 26 of 39 Ordinance No 20619 Exhibit A • Figure 9.3180 S-DR/MU Build to Lines and Setbacks is repealed and replaced as follows: Figure 9.3180 S-DRIMU Build-to Lines and Setbacks. KEY NOTES Build-To-Line [BTL] O Street Facing Property Line - - Property Line © Setbacks (Mixed-use or Single Use) Building Area © Setbacks (Residential) Optional Setback Area Page 27 of 39 Ordinance No 20619 Exhibit A • Section 9.3181 of the Eugene Code, 1971, is amended to provide as follows: 9.3181 S-DR/MU/1 Downtown Riverfront Special Area Zone Mixed Use Active Overla Subdistrict Specific Development Standards. (1) Applicability. The standards in this section apply to areas shown in Figure 9.3135 S-DR Zone Regulating Plan as S-DR/MU/1. In the event of a conflict between the specific development standards in EC 9.3180, the specific development standards in EC 9.3181 shall control. (2) Specific Development Standards. (a) Build-to Lines and Setbacks. 1. Buildings shall face a primary street and the first two stories shall not be set back from the front property line. 2. Buildings shall be provided along a minimum of 50 percent of the length of the street facing property line. (b) Building Transparency. 1. Windows, openings, or doorways are required along all street facing ground floor walls at a minimum of 60 percent of the length and 25 percent of the area of applicable ground floor walls. 2. Windows shall cover a minimum of 25 percent of the wall area for all floors above the ground floor along all street facing facades. (c) Eco-roofs. Buildings must provide eco-roofs or occupiable space on all roof surfaces, with the exception of the following. 1. Roof structures, architectural features, and other devices pursuant to EC 9.6720(1) through (3) and access structures are allowed on roof surfaces. The combined area of such roof structures, architecture features, other devices, and access structures shall not exceed 25 percent of the total roof area. 2. Eco-roofs shall comply with design requirements in the Eugene Stormwater Management Manual. 3. Occupiable space is roof surface used primarily for outdoor seating, dining, gathering, performance, or viewing that consists of surfaces and amenities that support those specific activities. (d) Landscape Specifications. There is no minimum landscape requirement, except as specified at EC 9.3170. (3) Design Review. As an alternative to compliance with (2)(a) through (d) above, an applicant may apply for approval of an alternative through the Design Review process in accordance with the provisions of EC 9.3190. • Figure 9.3181 S-DR/MU/1 Setbacks is repealed. • Section 9.3182 of the Eugene Code, 1971, is amended to provide as follows: 9.3182 S-DR/MU/2 Downtown Riverfront Special Area Zone Mixed Use People Overla Subdistrict Specific Development Standards. (1) Applicability. The standards in this section apply to areas shown in Figure 9.3135 S-DR Zone Regulating Plan as S-DR/MU/2. In the event of a conflict between the specific development standards in EC 9.3180, the specific development standards in EC 9.3182 shall control. Page 28 of 39 Ordinance No 20619 Exhibit A (2) Specific Development Standards. (a) Build-to Lines and Setbacks. 1. Buildings shall face a public or private street and the first two stories shall not be set back from the front property line, except for the following. a. For buildings that include only residential uses, the entire building may be set back from the front property line a maximum of 8 feet, as shown in Figure 9.3180 Note 3. b. For all other uses, up to 50 percent of the building may be set back from the front property line a maximum of 15 feet, as shown in Figure 9.3180 Note 2. C. The setback area must be an enhanced pedestrian amenity or urban plaza as defined at EC 9.0500. d. Recessed entries are excluded from the build-to line and setback requirements. 2. Buildings shall be provided along 80 percent of the length of the street facing property line, except where an alley or accessway is provided. (b) Building Transparency. 1. Windows, openings, or doorways are required along all street facing ground floor walls at a minimum of 60 percent of the length and 25 percent of the area of applicable ground floor walls. 2. Windows shall cover a minimum of 25 percent of the wall area for all floors above the ground floor along all street facing facades. 3. Dwelling units on the ground floor are exempt from the requirements at subsections 1. and 2. above. (c) Residential Density. A minimum of one story of residential use is required. Buildings greater than three stories must provide residential uses consistent with uses listed at EC 9.3145(3) on all stories above the second story. (d) Landscape Specifications. There is no minimum landscape requirement, except as specified at EC 9.3170. (3) Design Review. As an alternative to compliance with (2)(a) through (d) above, an applicant may apply for approval of an alternative through the Design Review process in accordance with the provisions of EC 9.3190. • Figure 9.3182 S-DR/MU/2 High Street Setbacks is repealed. • Section 9.3185 of the Eugene Code, 1971, is amended to provide as follows: 9.3185 S-DR/CL Downtown Riverfront Special Area Zone Cultural Landscape and Open Space Subdistrict Specific Development Standards. (1) Applicability. The standards in this section apply to areas shown in Figure 9.3135 S-DR Zone Regulating Plan as S-DR/CL and, where specified, to Parks and Open Space uses permitted in the S-DR/MU, S-DR/MU/1 and S- DR/MU/2 subdistricts. In the event of a conflict between the specific development standards in this section and other applicable standards, the specific development standards in EC 9.3185 shall control. Page 29 of 39 Ordinance No 20619 Exhibit A (a) The general development standards in EC 9.3155(1), (2), (4) through (10), and (12) through (15) do not apply in the S-DRICL subdistrict or to Parks and Open Space uses permitted in the S-DRIMU, S-DRIMU/1 and S-DRIMUl2 subdistricts. (b) The IWR development standards in EC 9.4900 through EC 9.4980 apply to IWR conservation areas within the S-DRICL subdistrict as identified on Exhibit D to Ordinance No. 20619. (2) Subdistrict Development. The S-DRICL subdistrict shall be developed to include the features identified on Figure 9.3185, in the configuration shown on the Figure. (3) Specific Development Standards. (a) Planting and Replanting. Planting or replanting within the S-DRICL subdistrict shall comply with the following standards. 1. Riverfront Park Planting Standards. In areas designated as riverfront park on Figure 9.3185, at least 50 percent of the trees, 40 percent of the total number of shrub plants, 30 percent of the total number of grass plants, and 30 percent of the total number of groundcover plants shall consist of plant species selected from the list of native plants in the Goal 5 Native and Non-native Plant List (Exhibit F to Ordinance No. 20351). 2. Riparian Enhancement Planting Standards. In areas designated as riparian enhancement on Figure 9.3185, all plantings shall be plant species selected from the list of native plants in the Goal 5 Native and Non-native Plant List (Exhibit F to Ordinance No. 20351). a. Planting or replanting within 25 feet of the Willamette River ordinary high water line shall include native tree or large shrub species. b. Where non-native or damaged trees are removed within 25 feet of the Willamette River ordinary high water line, they shall be replaced with native tree or large shrub species. Trees removed within an identified view corridor shown on Figure 9.3155(3) shall be replaced outside of the view corridor. 3. Replanting of areas cleared of existing vegetation must be completed within 90 days following the removal or clearing, unless otherwise approved by the planning director. 4. Planting and replanting with seed shall be timed so that germination occurs prior to November 15, unless germination requirements of the seed require otherwise, in which case germination shall be accomplished at the earliest date practicable. 5. Plantings shall not adversely affect adjacent protected water resources or existing native vegetation through shading or invasion by plant species. 6. Non-native invasive species are prohibited. 7. Planting or replanting within an identified view corridor shown on Figure 9.3155(3) shall not include any trees or large shrub species. (b) Trails. 1. The Riverbank Trail, which is considered a multi-use path for the purposes of the S-DR Zone, may be constructed of impervious Page 30 of 39 Ordinance No 20619 Exhibit A material. 2. All trails outside of MIR conservation areas in the S-DRICL subdistrict shall be universally accessible, meeting ADA accessibility standards. (c) Public Access. Public access shall be provided through public accessways in locations shown on Figure 9.3160(4). (d) Setbacks. Restrooms, playground apparatuses, and park furnishings including picnic tables, benches, bicycle racks, and interpretive signage shall be set back from abutting property and rights-of-way a minimum of 15 feet. (e) Plaza Surfacing. The 5t" Avenue plaza area as shown on Figure 9.3185 shall be surfaced with a durable, hard surface other than asphalt. Asphalt surfacing is prohibited within the plaza. (f) Signage. Signs shall be no more than 5 feet tall, and 16 square feet per face in surface area, except for signs intended to be read from moving automobiles, such as site entrance signs, which shall be no more than 8 feet tall and 32 square feet per face in surface area. (4) Design Review. As an alternative to compliance with subsection (3) above, an applicant may apply for approval of an alternative through the Design Review process in accordance with the provisions of EC 9.3190. Page 31 of 39 Ordinance No 20619 Exhibit A • Figure 9.3185 S-DR Zone Cultural Landscape and Open Space Subdistrict Diagram is repealed and replaced as follows: Figure 9.3185 S-DR Zone Cultural Landscape and Open Space Subdistrict Diagram. E 3RD AVE ,P~F '....r_....._„ 1 r r r r f r ! r r r + rr U l r o r ! Q r r S r EVVEB HQ LEGEND RIVERFRONT PARK - UPLAND PARK PLAZA & OPEN SPACE RIPARIAN /BANK ENHANCEMENT MEADOW ® 5TH AVENUE PLAZA MULTI-USE PATH SECONDARY PATH RETAINING WALL INTERPRETIVE SITE OVERLOOK ..L4TH AVE cn C7 ; E 5TH a♦ E 6TH AVE F-1 F-1 P E 7TH AVE E 8TH AVE I • \ . g O~ 41,~ O Page 32 of 39 Ordinance No 20619 Exhibit A • Section 9.3190 of the Eugene Code, 1971, is amended to provide as follows: 9.3190 S-DR Downtown Riverfront Special Area Zone Desian Review. (1) Where explicitly stated that the Design Review process can be used to approve an alternative to applicable standards, an applicant may apply for approval of a proposed development through the Design Review process beginning with EC 9.8110 Design Review-Purpose. (2) The planning director shall approve, conditionally approve, or deny a Design Review application based on compliance with the following criteria: (a) Consistency with the design objectives at EC 9.3130(2). (b) Alternatives proposed pursuant to EC 9.3160(5), EC 9.3180(3), EC 9.3181(3), and EC 9.3182(3) shall demonstrate that the alternative proposal 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 facade that contributes 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. (c) Alternatives proposed pursuant to EC 9.3185(4) shall demonstrate that the alternative proposal will allow the project to achieve an equivalent or higher quality design than would result from strict adherence to the standards through: 1. An overall site design that includes public green space, interpretive sites, public art, vistas, and/or historic structures that teach about the history of Eugene's Downtown Riverfront; and 2. An overall site design that includes habitat enhancement areas that promote educational opportunities and demonstrate ecological enhancement in urban environments. (d) New buildings and structures shall not obstruct view corridors identified on Figure 9.3155(3) or reduce the minimum dimensions specified in EC 9.3155(15). • Section 9.6792 of the Eugene Code, 1971, is amended to provide as follows: 9.6792 Stormwater Quality. (1) Purpose. The purpose of EC 9.6792 is to reduce runoff pollution and mitigate the volume, duration, time of concentration and rate of stormwater runoff from development by implementing stormwater management techniques that Page 33 of 39 Ordinance No 20619 Exhibit A promote the use of natural and built systems for infiltration, evapotranspiration and reuse of rainwater and that use or mimic natural hydrologic processes while capturing and treating approximately 80% of the average annual rainfall. (2) Applicability and Exemptions. (a) The standard in EC 9.6792(3)(a) applies to all land use applications submitted after March 1, 2014, that do not propose construction of a public street, private street or a shared driveway. (b) The standards in EC 9.6792(3)(b), (e)-(g) apply to all land use applications submitted after March 1, 2014, that propose construction of a public street. (c) The standards in EC 9.6792(3)(c), (e)-(g) apply to all land use applications submitted after March 1, 2014, that propose construction of a private street or shared driveway. (d) Except as exempt under EC 9.6792(2)(e), the standards in EC 9.6792(3)(d)-(g) apply to applications for all development permits submitted after March 1, 2014. (e) The standards in EC 9.6792(3)(d)-(g) do not apply to development permit applications: 1. For the construction of less than 1,000 square feet of new or replaced impervious surface within a 12 month period; 2. For interior alterations of an existing structure; 3. For the construction of more than 1,000 square feet of impervious surface that replaces existing impervious surface for purposes of maintenance or repair for the continuance of the current function, providing that as part of such maintenance and repair the applicant is replacing less than 50% of the length of the stormwater drainage system (including pipes, drainageway catch basins and drywells) on the development site; 4. For the construction of new or replaced impervious surface where all of the stormwater runoff from the impervious surface will discharge into an on-site, privately maintained underground injection control system that is registered and approved by the Oregon Department of Environmental Quality; 5. For the construction of a one or two family dwelling on a lot or parcel that was created by a land division application submitted and approved by the City prior to March 1, 2014, that is consistent with the approved land use application and the City's stormwater quality (pollution reduction) standards in place at the time of the land division application; or 6. For the construction of a one or two family dwelling on a lot or parcel that was created by a land division application that included the construction of a public or private street or shared driveway submitted and approved by the City after March 1, 2014, if the lot or parcel adjoins the public or private street or shared driveway and the facility within the public or private street or shared driveway is an infiltration or filtration facility designed and sized to accommodate stormwater runoff from the adjoining lots or parcels at full buildout of the lots or parcels. (f) The standards in EC 9.6792(3) do not apply to land use applications or development permit applications within the S-DR Downtown Riverfront Special Area Zone. Instead, the standards at EC 9.3155(17) apply. Page 34 of 39 Ordinance No 20619 Exhibit A • Section 9.8010 of the Eugene Code, 1971, is amended to provide as follows: 9.8010 List of Adopted Plans. The documents listed in the following Table 9.8010, including any adopted amendments, are the currently effective adopted plans that may be applicable to a particular land use application. The plans and adopted policies are more particularly set forth beginning at EC 9.9500, and the boundaries for each are depicted on Map 9.8010 Adopted Plans. Table 9.8010 List of Adopted Plans Bethel-Danebo Refinement Plan Phase II River Road-Santa Clara Urban Facilities Plan Bethel-Danebo Refinement Plan Riverfront Park Stud Comprehensive Stormwater Management Plan South Hills Study Envision Eugene Comprehensive Plan South Willamette Subarea Stud Eugene Downtown Plan TransPlan Metro Area Transportation Plan Eugene-Springfield Metropolitan Area General Plan Metro Plan Walnut Station Specific Area Plan Eugene 2035 Transportation System Plan West University Refinement Plan Fairmount/U of O Special Area Stud Westside Neighborhood Plan Jefferson/Far West Refinement Plan Whiteaker Plan Laurel Hill Neighborhood Plan Willakenzie Area Plan 19th and Agate Special Area Stud Willow Creek Special Area Stud • Subsections (10)(a), (16), (24)(a) and (24)(b) of Section 9.8030 of the Eugene Code, 1971, are amended to provide as follows: 9.8030 Adjustment Review - Approval Criteria. The planning director shall approve, conditionally approve, or deny an adjustment review application. Approval or conditional approval shall be based on compliance with the following applicable criteria. (10) Motor Vehicle Parking and Loading Standards Adjustment. Where this land use code provides that the motor vehicle parking standards may be adjusted, the standards may be adjusted upon finding the applicable corresponding criteria are met. (a) Number of Required Off-Street Parking Spaces. Adjustments may be made to the required number of off-street parking space provisions of EC 9.6410 based on the following criteria: 1. Except as provided in subsection (a)2., below, the minimum required off-street parking spaces may be reduced by up to 50 percent when the applicant for a development can demonstrate, in a parking-traffic study prepared by a traffic engineer, that both of the following conditions exist: a. The use of alternative modes of transportation, including transit, bicycles, and walking, and/or special characteristics of the customer, client, employee or resident population will reduce expected vehicle use and parking space demand for Page 35 of 39 Ordinance No 20619 Exhibit A this development, as compared to standard Institute of Transportation Engineers vehicle trip generation rates and minimum city parking requirements. b. A proposed Transportation Demand Management (TDM) Program has been approved by the city that contains strategies for reducing vehicle use and parking demand generated by the development and establishes benchmarks by which the program's effectiveness will be measured annually. The city may waive the preparation of a TDM plan if the requirement set forth in EC 9.8030(l 0)(a) 1.a. can otherwise be satisfied. 2. Within the S-DR zone, the minimum required off-street parking spaces may be reduced by up to 35 percent when the applicant for a development can demonstrate that, in a parking-traffic study prepared by a transportation engineer, that the following conditions exist: a. Market conditions, use of alternative modes of transportation, including transit, bicycles, and walking, and/or special characteristics of the customer, client, employee or resident population will reduce expected vehicle use and parking space demand for this development, as compared to standard Institute of Transportation Engineers vehicle trip generation rates and minimum city parking requirements. b. A proposed Transportation Demand Management (TDM) Program has been approved by the city that contains strategies for reducing vehicle use and parking demand generated by the development and establishes benchmarks by which the program's effectiveness will be measured annually. The city may waive the preparation of a TDM plan if the requirement set forth in EC 9.8030(l 0)(a)2.a. can otherwise be satisfied. 3. In the case of an existing use proposing to provide a transit stop and related amenities such as a public plaza, pedestrian sitting areas, transit-supportive development, and additional landscaping, the number of required off-street parking spaces may be reduced by up to 10 percent. 4. Except within a /TD overlay zone, an adjustment that approves installation up to 150 percent of the minimum spaces required by EC 9.6410(3) Minimum Number of Required Off-Street Parking Spaces may be allowed, if all of the following are met: a. Additional parking is necessary to meet the parking demand for a specific use. b. Shared use of parking is not available or adequate to meet the demand. C. At least 60 percent of the parking lot is allocated and striped for compact cars. d. An employee-based Transportation Demand Management Program has been approved by the city, and annual reports thereon are subsequently provided to the city. Page 36 of 39 Ordinance No 20619 Exhibit A (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 facade 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. (24) Stormwater Quality, Flow Control, Oil Control and Source Control Standards Adjustment. (Adjustments under this subsection are not permitted within the /CL Clear Lake Overlay Zone.) (a) The requirement in EC 9.6792(3)(e) and EC 9.3155(17)(c)4 that selected stormwater quality facilities shall treat all the stormwater runoff that will result from the water quality design storm may be adjusted upon a finding that the stormwater quality facility will treat as much of the runoff as possible and (b) The requirement in EC 9.6792(3)(0 and EC 9.3155(17)(c)5 that all stormwater quality facilities be selected from and sited, designed, and constructed according to the stormwater quality provisions and the facility design requirements set forth in the Stormwater Management Manual and that stormwater quality facilities must be designed using one of the methodologies outlined in the Stormwater Management Manual may be adjusted upon finding that all of the following requirements are met: 1. The proposed alternative design will achieve equal, or superior, results for function (reducing pollution), maintainability and safety, and the proposed siting does not adversely affect structures or other properties. 2. The applicant's written description of the proposed alternative design has been reviewed and approved by the City Engineer. The description of the proposed design submitted for review must include all of the following information for each component of the proposed alternative design: a. Size, technical description, capacity, capital cost, design life, construction process and costs, consequences of improper construction, operation and maintenance requirements and costs; Page 37 of 39 Ordinance No 20619 Exhibit A 3 4 b. Data on the effectiveness of proposed alternative technologies, if available, including data from laboratory testing and pilot/full-scale operations, and information regarding the operations of any full-scale installations; C. Any other available information about the proposed design, including peer review articles, scientific or engineering journals, and approvals from other jurisdictions. The applicant has submitted a method and schedule for monitoring the effectiveness of the proposed design once constructed, and a schedule for its maintenance. The applicant has submitted a signed statement that the applicant will replace the alternative stormwater quality facility if the facility does not function as proposed. Page 38 of 39 Ordinance No 20619 Exhibit A • Map 9.8670 Downtown Traffic Impact Analysis Exempt Area is repealed and replaced as follows: Map 9.8670 S Exem pt Area Downtown Trattic Im pact Anal L~rr~♦ This map is I=~F W 7th Ave E17-1 w stn aye C - IT~ ■ E 12th Ave ■ ' LL - = ■ ! E-39th Ive ~ _j~ E 34th Ave J r E 15fh Ava_ 0 SOCK id for general reference only City of Eugene, PDD, 2/5/2019 Skinners Butte lp ~ q E 2nd,Ave Pq 7 ~1 L 4 . 4b r, E 3rd Ave ~ ■ Ir I ■ • r r r r~~ ~ 1 'Ib ■ E 4th Ave L' 1 ■ ♦ r ll Eua 0 ♦ ith Ave , E &h Ave _ II F Broadway ~ 1 :1 ❑m~-IFH ~1 VT- Page 39 of 39 based on imprease~source data, subjectto change, ai Ordinance Exhibit B Eugene Zoning Map and Overlay Zone Map Amendments Map and Tax Lot No. Base Zone Overlay Zone Existing Proposed Existing Proposed 17032933101500 PL S-DR WR WR 17032933 / 01900 1-2 S-DR TD 1 WR WR 17032933 / 02600 S-W S-DR SR 17033044 / 07400 S-W S-DR SR 17033044 / 07500 S-W S-DR SR 17033044108200 S-W S-DR SR 17033044108300 S-W S-DR SR 17033044108400 S-W S-DR SR {00288771;3 } Ordinance Exhibit B EWEB Downtown Riverfront Existing Zoning Designations LEGEND j Downtown Riverfront Boundary OVERLAY ZONE IWR Water Resource Conservation /SR Site Review /TD Transit Oriented Development BASE ZONE S-DR Downtown Riverfront S-W Whiteaker 1-2 Light-Medium Industrial - PL Public Land Ordinance Exhibit B E 3RD AVE ~ w J E 6TH AVE E 7TH AVE i E 8TH AVE v FT77TTm ~ EWEB Downtown Riverfront Proposed Zoning Designations LEGEND e Downtown Riverfront Boundary BASE ZONE S-DR Downtown Riverfront OVERLAY ZONE IWR Water Resource Conservation Ordinance Exhibit C I OVL6 bO `aua2q anuany y30I 3s9M 66 y z o r 9111 rld431111-IN311V3d SOM ' ADN3D`o' lb'M3N321 Nb'821n 3NTI 3O k1IJ %~J 0 $ o Z N02J 3 WVJ 1N021 b~n b NMOlNMOa ~ti~~~ a Q of w w Q Q oa oa oa WW x zF p o Z. j U5 e - ~5 - - - - O du „ du a~ V z c a o ~ > z O z9 0 0 °z 3 a Q o 0 o m9 z z m< a a J F F ~ 30 o w w 'a ~ a ~ o ~ ~ O - D - O - r a r z a a 3 z rr z z w j z - - z - z a w o m g 3 w o o O o F~ z i o 0 W u- - _ u - v - i z z Q u o' a a gz a > dL a o 0 o r r° °z w 3c w w ° v a o V u X - u av m m 3 1z Z _ - Z Z =''m O m k Z °w Z Z O O a ~3 ~3 E ~3 ~3 O H- - m p m- - mw w o o° o$ `z m m g o oa o o - - w z E z~ _ z _ w g I r > m Q Q E E E p u ® I I + z Q y a, a` u A Q e QO a W 9 ( p Q t t' lJ p t U e I 1 V n c O 9 a 0 H 0 H H OFo 5 A >"q~°° j "qua g = zx 'u v v a as US E' c S 6 W r v J J u A m A m 1 +1 SJ , /o A S g~ n , 40 O 1 _ ~ \N ILE n( ~i a r Q" ,,.i r i 4 1 141, 99 r _ _ - II , I. _ I - rll ~s , f. ; 1 ~ I I i Ir^~~ JI-_- 4u~ 1 - I It ~ 1 w J T f -i - Ordinance Exhibit D DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 April 19, 2019 3.0 APPROVAL CRITERIA AND STANDARDS 3.1 Code Amendments The proposal involves amendments to the City's land use code (Eugene Code, Chapter 9) to amend the S-DR Downtown Riverfront Special Area Zone and revise other development standards and criteria for consistency with the proposed amendments. Revisions to other development standards and criteria are included as part of Exhibit A: Code Amendments. Findings of compliance with applicable approval criteria for the proposed amendments are provided under EC 9.8065. EC 9.8065 Code Amendment Approval Criteria. If the city council elects to act, it may, by ordinance, adopt an amendment to this land use code that: (1) Is consistent with applicable statewide planning goals as adopted by the Land Conservation and Development Commission. The following findings demonstrate the proposed amendments' consistency with applicable Statewide Planning goals. 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 that ensure the opportunity for citizens to be involved in all phases of the planning process and that set out requirements for such involvement in compliance with Goal 1 (see OAR 660-015). The proposal does not amend the City's citizen involvement program, and the process for reviewing the proposal complies with Goal 1 since it complies with, and surpasses the requirements of, the citizen involvement provisions. While not required for a demonstration of compliance under Goal 1, the planning processes for the Downtown Riverfront Concept Plan 4, the Riverfront Park development, and the Steam Plant revitalization have included many City Council (Council) meetings and Riverfront Urban Renewal Agency (Agency) Board meetings, as well as other public meetings and community events preceding the current, formal adoption process. The process to prepare the proposed amendments has employed significant public involvement opportunities, which are detailed in Exhibit 0: Downtown Riverfront Public Information Opportunities, summarized below. City Council This section includes City Council regular meetings and work sessions: ■ December 14, 2017 -Council received the Downtown Riverfront redevelopment WDA project update. ■ January 31, 2018 -Council work session on the second Downtown Riverfront redevelopment project update. Representatives from WDA presented the proposed concept. 4 The Downtown Riverfront Concept Plan was presented to City Council on January 31, 2018 (Agenda, Minutes, Webcast). City Council initiated land use code amendment to implement the plan on July 9, 2018 (Agenda, Minutes, Webcast). City of Eugene FINAL SUBMITTAL 12 Ordinance Exhibit D DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 April 19, 2019 ■ April 23, 2018 - Council work session and action on the proposed process and criteria to proceed with the RFQ for the Steam Plant. ■ July 9, 2018 - Council work session to initiate the land use code amendments and LID infrastructure processes. ■ October 22, 2018 - City Council work session to initiate the second step of the LID process. Urban Renewal Agency Board This section includes Urban Renewal Agency meeting and work sessions: ■ July 27, 2016 - Agency Board work session and action authorizing the Agency to enter into an agreement with EWEB to purchase the downtown riverfront property. ■ October 23, 2017 - Agency Board approved the Mayor's nominations for seven individuals to serve on the River Guides. ■ February 12, 2018 - Agency Board work session and action to approve the boundary expansion to include three properties north of 4th Avenue in the Riverfront Urban Renewal District in order to make it possible to use urban renewal funds to purchase this property from EWEB. ■ March 14, 2018 - Agency Board work session and direction to staff to develop a Request for Qualifications (RFQ) process and criteria to solicit community investors, developers, and visionaries to redevelop the Steam Plant. ■ May 29, 2018 - Agency Board work session on the proposed terms to develop the Downtown Riverfront site with Williams/Dame & Associates (WDA) as the agent. ■ June 25, 2018 - Agency Board public hearing on the proposed terms with WDA. Sixteen people spoke on behalf of the project. ■ July 9, 2018 - Agency Board work session to approve the proposed terms with WDA. ■ July 23, 2018 - Agency Board work session to approve the proposed terms regarding parcel 10A. ■ October 22, 2018 - Agency Board work session to receive a project update and discuss the affordable housing unit quantities on parcel 10A. ■ February 19, 2019 - Agency Board work session to provide an update on the Downtown Riverfront project. Public Meetings This section includes neighborhood meetings, commission and committee meetings, and open houses hosted by the City. All public meetings were open to the public to attend and publicized on the City's calendar. ■ November 28, 2017 - The River Guides held their first meeting, an orientation. ■ December 12, 2017 - The River Guides reviewed a proposed boundary expansion to include 3 parcels north of 4th Avenue in the Riverfront Urban Renewal District. The River Guides recommended to expand the boundary to include the properties north of 4th Avenue in the Riverfront Urban Renewal District. ■ April 10, 2018 - City Staff met with the Sustainability Commission Riverfront Committee. ■ April 17, 2018 - The River Guides reviewed and provided input on the proposed RFQ/RFP process and criteria for the Steam Plant. The River Guides recommendations were incorporated in materials presented to Council. City of Eugene FINAL SUBMITTAL 13 Ordinance Exhibit D DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 April 19, 2019 ■ May 24, 2018 - The City's Parks and Open Space staff hosted a values and vision meeting to introduce the park's Design Team, share information about the site's constraints and potentials, and give residents a chance to affirm and revise the values and goals for the park. ■ June 5, 2018 - The River Guides reviewed the draft proposed terms to develop the Downtown Riverfront site with WDA as the agent. The River Guides received an overview of the proposed concept, the terms, and a brief outline of the cost-benefit analysis being developed to examine the City's investment in public infrastructure. ■ June 15, 2018 - The River Guides reviewed the complete cost-benefit analysis and asked questions to staff and WDA on the concept, terms, and analysis. The River Guides recommended to approve the proposed concept and terms. ■ June 20, 2018 - The City and Williams/Dame & Associates hosted an open house and site tour at the Downtown Riverfront Redevelopment site. It was attended by over 200 people. ■ June 27, 2018 - The River Guides reviewed the RFQ submissions for the Steam Plant and discussed the next steps in the selection process. The River Guides recommended to bring in two of the four teams for additional questions and then decide on what the RFP phase will entail in terms of submissions, community outreach, and River Guides involvement. ■ June 15, 2018 - Staff provided a presentation to members of the Downtown Neighborhood Association steering committee on the Downtown Riverfront Redevelopment. ■ September 27, 2019 - Parks and Open Space staff hosted a celebration of the Downtown Riverfront Park design, unveiling the concept design and asking the public for refinement comments. After a presentation and sharing fun "river rock cupcakes" the Design Team set up Open House style displays for individuals to share thoughts directly with designers. ■ January 23, 2019 - Staff attended the Downtown Neighborhood Association meeting to discuss the Steam Plant. ■ February 7, 2019 - An open house was held to promote the Steam Plant project and gather community feedback. It was attended by over 140 people. Community Events Community events include presentations, tabling at events, and University of Oregon student engagement opportunities. Community events were open to the public and provided opportunities for citizens to engage at a deeper level and ask questions in a less formal setting. ■ January 2018 - The City presented to Construction Specifications Initiative (CSI) on the Downtown Riverfront Redevelopment. ■ January 2018 - The City provided tours of the Steam Plant for Leadership Eugene Springfield 2017-18. ■ February 2018 - The City presented to Kiwanis on the Downtown Riverfront Redevelopment. ■ March 2018 - The City presented to residents at the Eugene Hotel on the Downtown Riverfront Redevelopment. ■ May 2018 - The City presented to the Eugene Chamber of Commerce's Local Government Affairs Council (LGAC) on the Downtown Riverfront Redevelopment. ■ May 2018 - The City presented to the American Institute of Architects Southwestern Oregon (AIASWO) on the Downtown Riverfront Redevelopment. ■ May 2018 - The Design Team for the Downtown Riverfront Park organized five focus groups inviting 50 local experts and constituent leaders. These consultations provided guidance, identification of issues to discuss with the broader public, and a base of expert and network leaders with project knowledge. ■ June 1, 2018 - The City and Williams/Dame & Associates hosted a booth at the First Friday Art Walk and engaged over 100 community members with discussion. City of Eugene FINAL SUBMITTAL 14 Ordinance Exhibit D DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 April 19, 2019 ■ June 12, 2018 - The City presented at the Young Professionals Summit on the Downtown Riverfront Project and Steam Plant. The event was attended by over 500 people. ■ June 2018 - Williams/Dame & Associates presented to the Eugene Chamber on the Downtown Riverfront Redevelopment. ■ December 2018 - The City presented to the International Facilities Management Association (IFMA) on the Steam Plant and the Downtown Riverfront Redevelopment. ■ January 2019 - The City provided tours of the Steam Plant for Leadership Eugene Springfield 2017-18. ■ February 2019 - The Design Team for the Downtown Riverfront Park reconvened the focus groups to share project updates and designs that had evolved based on their feedback and the larger public. ■ February 1, 2019 - The City and the Steam Plant's development team hosted a booth at the First Friday Art Walk to collect feedback on the Steam Plant project. ■ February 8, 2019 - The City and the Steam Plant's development team participated in a talk about the Steam Plant project at the University of Oregon Ignite event. There were 150 people in attendance. ■ February 11, 2019 - The City and the Steam Plant's development team held a discussion with UO students about the Steam Plant project. There were 50 students in attendance. ■ February 15, 2019 - The City and the Steam Plant's development team presented to LGAC about the Steam Plant project. ■ February 16 & 17, 2019 - The City and the Steam Plant's development team hosted a booth at the Asian Celebration to collect feedback on the Steam Plant project. At the event over 290 people were engaged in discussion. ■ February 19, 2019 - The City attended a Chamber of Commerce Young Professionals Network event to promote the Steam Plant redevelopment project. Exhibit 0: Downtown Riverfront Public Information Opportunities details additional media, social media, and online involvement and engagement opportunities. Exhibit F: Neighborhood/Applicant Meeting Materials includes additional documentation of process requirements pursuant to EC 9.7007. The required neighborhood/applicant meeting was held on March 28, 2019. In addition to the extensive public involvement leading up to this adoption process, the formal public hearing on the proposal will be 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. Notice of the public hearing will also be published in the Register Guard newspaper. Following action by the Eugene Planning Commission (to make a recommendation on the proposed adoption package), the Eugene City Council will hold a duly noticed public hearing to consider approval, modification, or denial of the proposed code amendments, plan amendments, zone changes, and other related land use applications under concurrent review. These processes afford ample opportunity for citizen involvement consistent with Goal 1. Goal2 - Land Use Planning: To establish 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 base for such decision and actions. Goal 2 requires each local government in Oregon to have and follow a comprehensive land use plan and implementing regulations. Cities and counties must build their comprehensive plans on a factual basis and follow their plan when making decisions on appropriate zoning. City and county plans must also be consistent with one another. City of Eugene FINAL SUBMITTAL 15 Ordinance Exhibit D DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 April 19, 2019 The City's land use code (Eugene Code, Chapter 9) specifies the procedure and criteria to be used in considering this proposal, consistent with the City's acknowledged comprehensive plan. This land use application follows specified amendment and permit procedures and fulfills all applicable approval criteria to demonstrate such compliance. In fact, these City-initiated amendments and related land use applications are being reviewed concurrently according to the highest application type (Type V), which involves the most comprehensive, formal review process afforded by the City's land use code. As relevant here, the process for adoption of these amendments also complies with the state's administrative rules under Goal 2, for Post Acknowledgement Plan Amendments (see OAR 660-018). There are no exceptions to Statewide Planning Goal 2 required, and the record shows that there is an adequate factual basis for these amendments, including an extensive record of public participation to date. 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 residents. To comply with the Goal 2 coordination requirement, the City will engage in an exchange about the subject of these plan amendments with all the affected governmental units. Specifically, the City will provide notice of the proposed action and opportunity to comment to Lane County, Springfield, and the Oregon Department of Land Conservation and Development. The proposed amendments are therefore consistent with Statewide Planning Goal 2. Goal3 -Agricultural Lands: To preserve and maintain agricultural lands. Pursuant to OAR 660-015-0000(3) agricultural lands do not include lands located within acknowledged urban growth boundaries (UGB). The entirety of the subject site is located within Eugene's UGB. This Goal is not applicable to the proposal as the subject area and actions do not affect any agricultural plan designation or use. Therefore, this Goal is not relevant, and the proposed amendments do not affect compliance with Statewide Planning Goal 3. Goal 4 - Forest Land: To preserve forest lands. Pursuant to OAR 660-006-0020, Statewide Planning Goal 4 is not applicable within UGBs. The entirety of the subject site is located within Eugene's UGB. This Goal is not applicable to the proposal as the subject area and actions do not affect any forest plan designations or use. There are no forest lands related to the proposed amendments and zone change. Therefore, this Goal is not relevant, and the proposed amendments do not affect compliance with Statewide Planning Goal 4. Goal 5 - Natural Resources. Scenic and Historic Areas, and Open Spaces: To protect natural resources and conserve scenic and historic areas and open spaces. The following Oregon Administrative Rule (OAR 660-023-0250) is applicable to this Post- Acknowledgement Plan Amendment (PAPA) request: OAR 660-023-0250 (3) Local governments are not required to apply Goal 5 inconsideration 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. City of Eugene FINAL SUBMITTAL 16 Ordinance Exhibit D DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 April 19, 2019 (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 proposed amendments do not create or amend a list of Goal 5 resources, do not amend a plan or code provision adopted in order to protect a significant Goal 5 resource or to address specific requirements of Goal 5, and do not amend the acknowledged UGB. Therefore, it is clear that the proposed amendments do not trigger the need to consider Goal 5 pursuant to OAR 660-023- 0250(3)(a) or 3(c). Some analysis is required to determine whether OAR 660-023-0250(3)(b) triggers the need to further consider Goal 5 requirements. Subsection (3)(b) asks whether'[t]he PAPA allows new uses that could be conflicting uses with a particular significant Goal 5 resource site on an acknowledged resource list." Significant Goal 5 resource sites and acknowledged lists are documented in the 2005 Eugene Goal 5 Water Resource Conservation Plan and the 1978 Goal 5 Inventory and Metro Natural Assets & Constraints Working Papers. Natural Resources Exhibit 13.1: Willamette Greenway Permit Plan Set, Exhibit G: Riverfront Ecological Analysis and Design Report, and Exhibit N: Wetland Delineation Report document natural features on the subject site and provide relevant information in addressing these Goal 5 requirements. The eastern portion of the subject site is within the Willamette River Greenway, a natural asset, as identified in the Metro Natural Assets & Constraints Working Papers.5 The Willamette River is adjacent to the subject site and is identified as a Goal 5 Water Resource by the Goal 5 Water Resource Conservation Plan.6 As identified on the Adopted Protection Designations for the Eugene Goal 5 Wetland, Riparian, and Upland Wildlife Habitat Inventories Map dated November 14, 2005, the Willamette River is categorized as a Category A Stream. All parcels within the subject site that abut the Willamette River have /WR Water Resource Conservation overlay zoning. Pursuant to EC 9.4920(1)(c)(1.), Category A streams with a distinguishable high bank have a 100 foot setback applied to top of bank (TOB) as part of the /WR overlay zoning. The Willamette River adjacent the development site features a distinguishable high bank. The existing high bank was surveyed by OBEC Consulting Engineers on June 13, 2011 and is shown on Sheets S1.0 and S1.1 Existing Conditions Plans (Exhibit 13.1) and labeled as "top of bank". Exhibit N: Wetland Delineation Report identifies jurisdiction wetland and waters boundaries along the Willamette River. The proposed amendments do not change protections 6 Eugene Goal 5 Inventory and Metro Natural Assets & Constraints Working Papers. Willamette River Greenway Working Paper. Figure J1, Willamette River Greenway. April 12, 1978. 6 Eugene Goal 5 Water Resources Conservation Plan. Section III, Site #35 WA/WB Willamette River. October 24, 2005. City of Eugene FINAL SUBMITTAL 17 Ordinance Exhibit D DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 April 19, 2019 established by the 100-foot /WR conservation setback in EC 9.4920(1)(c)(1.) or affect inventoried Goal 5 Water Resources. Pursuant to EC 9.4920(5) (a) and (d), areas which the applicant has shown to be developed prior to November 14, 2005, are excluded from /WR conservation areas. As demonstrated on Sheets R1.0 Regulatory Plan (Exhibit B.1), the subject site contains buildings on a concrete foundation, pursuant EC 9.4920(5) (a), as well as paved and gravel parking areas that serve administrative and operations uses in adjacent buildings, pursuant to EC 9.4920(5)(d), that were developed prior to November 14, 2005; the date specified in EC 9.4920(5). Sheet R1.0 Regulatory Plan illustrates "/WR Prior Developed Areas" consistent with EC 9.4920(5); and, "/WR Conservation Areas" and "/WR Conservation Setback Areas." The proposed amendments do not affect established protections. These areas will remain subject to the provisions of the /WR overlay zone. Through the applicant's concurrent zone change request to implement the proposed zoning designations, the existing /WR overlay zoning will remain applicable. Protection of this Goal 5 resource will therefore remain the same; regardless of the proposed amendments. Scenic and Historic Areas The Eugene Goal 5 Water Resource Conservation Plan and the Goal 5 Inventory and Metro Natural Assets & Constraints Working Papers, specifically the Scenic Site Working Paper and the Archeological Sites Working Paper, do not identify any scenic or historic resources on the subject site. None of the buildings located on the subject site are listed as City of Eugene Historic Landmarks nor are they listed in the National Register of Historic Places. Based on these findings, there are no inventoried Goal 5 historic resources or listed historic resources on the subject site. Oregon Revised Statute (ORS) 358.653 obligates state agencies and political subdivisions of the state to consult with the State Historic Preservation Office (SHPO) to avoid inadvertent impacts to historic properties for which they are responsible, including those resources listed and eligible to be listed on the National Register of Historic Places. The statute does not provide specific standards or criteria, so, as a practical matter, any project that involves a property that meets the 50-year guideline at the time of construction must be reviewed through SHPO consultation. Projects which trigger review include significant alterations, additions, demolition while maintenance activities are generally exempt. The statute also applies if an agency is selling or transferring property out of public ownership. In 2011, EWEB commenced a process of decommissioning surplus facilities on its riverfront headquarters site. In accordance with ORS 358.653, EWEB submitted clearance forms for three buildings on the site: ■ The Vehicle Repair Shop (1949): Determined likely Not Eligible for Listing in the National Register ■ The Warehouse/Operations Building (1952): Determined Eligible for Listing in the National Register ■ The Steam Plant Pump House (1931): Determined Eligible for Listing in the National Register (Adverse Effect) ■ Standby Steam Plant (Steam Plant) (1931): Determined to be historically significant and Eligible for Listing on the National Register of Historic Places On December 12, 2011, SHPO signed a Memorandum of Agreement (MOA) with EWEB to mitigate for adverse effects associated with the decommissioning including demolition of the Steam Plant Pump House. City of Eugene FINAL SUBMITTAL 18 Ordinance Exhibit D DOWNTOWN RIVERFRONT LAND USE COMPONENTS CA 19-1, RA 19-1, Z 19-5, WG 19-3, ST 19-3, and SDR 19-2 April 19, 2019 In 2013, in an effort to attract potential buyers of the property, EWEB pursued a hazardous substance abatement project. EWEB and SHPO executed a memorandum of agreement related to EWEB's Standby Steam Plant. The MOA was generated to provide mitigation measures related to removal of asbestos-containing materials. In 2018, in response to Riverfront Master Plan changes, City of Eugene Facilities staff submitted SHPO clearance forms for the Equipment Repair Building and Midgley Mill Building. SHPO staff concurred with City staff: The Equipment Repair Shop (1988): Determined Not Eligible for Listing in the National Register The Midgley Building (1922): Determined Not Eligible for Listing in the National Register In 2019, also in response to changes to the Riverfront Master Plan calling for the demolition of the EWEB Headquarters Warehouse and Operations Building, the City of Eugene submitted the required SHPO Clearance Form. SHPO staff once again concurred with City staff: The Warehouse and Operations Building (1988): Determined Eligible for Listing in the National Register SHPO also concurred that the proposed undertaking (demolition) would result in adverse effect to historic properties. In order to mitigate the adverse effect, the City of Eugene executed a MOA between the City and SHPO. Through the consultation process with SHPO, the City ultimately agreed to stipulations required to undertake the proposed demolition. The stipulations include documenting the building, architectural history research, on-site interpretation installation, and digital archiving of documentation. Throughout the consultation process, SHPO staff has indicated that the Riverfront Project Area lies within an area generally perceived to have the potential for possessing archaeological resources. Under state law (ORS 358.905 and ORS 97.74) archaeological site, objects, and human remains are protected on both public and private lands in Oregon. SHPO recommends consulting with all appropriate Indian tribes. An Inadvertent Discovery Plan is also recommended to be put in place to provide guidance should construction result in the discovery of archaeological objects or sites. Concerning pre-historic and historical resources, Riverfront Master Plan planning activities continue to follow processes outlined by City Code and State law. Staff will continue ongoing SHPO consultation as necessary. Open Spaces The Eugene Goal 5 Water Resource Conservation Plan and the Goal 5 Inventory and Metro Natural Assets & Constraints Working Papers do not identify any open spaces on the subject site. The proposal includes a new Riverfront Park on the subject site, as identified in the 2018 Eugene Parks and Recreation System Plan, a 30-year strategic plan. A proposed Riverfront Park on the subject site is identified as Project #C1 "Downtown Riverfront Park development at former EWEB site to serve [the City Central Neighborhood Planning area]" in Appendix A Planning District Summaries and City of Eugene FINAL SUBMITTAL 19