The Eugene City Council meets tomorrow
(Monday, July 19) at 5:30 PM to conduct a hearing on the topic of a proposed
amendment to Commercial Setback requirements in the Eugene Code. The Planning
Commission previously recommended approval of the amended code language. Before
voting on the issue, Council members want to hear from citizens with concerns about
the revised setback requirements.
For the purposes of the
amendment, the setbacks at issue are those associated with the minimum distance
a building or other structure must be set back from the property line bordering
the public right-of-way. Presently, Section 9.2170 of the Eugene Code (Commercial
Zone Development Standards) prescribes no minimum front yard setback in
the C-2 (Community Commercial) and C-3 (Major Commercial) zones, whereas as
amended they would be 5 feet and 3 feet, respectively. The maximum front
yard setback would remain unchanged at 15 feet. Additionally, the amendment
would mandate landscaping or “enhanced pedestrian spaces” within the setbacks. The
code would include exemptions from these requirements if certain conditions are
met.
The work the Planning Division
performed in developing the code amendment included convening a focus group
last November to discuss the preliminary concepts and reasoning behind them. Teri
Harding, Principal Planner with the Eugene Planning Division, asked me to
participate and I was happy and honored to do so. The diverse group(1) included
representation by developers, architects, landscape architects, planners, realtors,
property appraisers, and downtown Eugene stakeholders.
The focus group arrived at some
general conclusions:
- The setback amendments should not be the
same citywide. Downtown, transit corridors, and other
neighborhood centers have different conditions and goals and should not be
treated the same. Likewise, the C-2 and C-3 zones should not be treated identically,
except in the Downtown Transit Overlay District (as they are now).
- Street and sidewalk design are equally
important as the building interface. The design of the buildings
cannot be expected to correct fundamental problems inherent in the design of the
streets. The City should focus efforts to ensure the streetscape and sidewalks support
vibrant pedestrian environments in the downtown, along key corridors, and within
other neighborhood commercial centers.
- Encourage ground floor residential units.
Well-designed ground floor residential can help fulfill Eugene’s need for
affordable and diverse housing options.
- Strengthen design requirements for
financial incentive programs (i.e. MUPTE). Such incentive
programs provide the City with leverage to secure better design outcomes.
The participants also agreed when
it came to what no one wants to see more of. A bugaboo common to all is the abominable
13th & Olive student housing development and how it meets the
surrounding streets; while the sidewalks surrounding the developments are
overly narrow, it is doubtful any tweaking of the setback requirements alone would
have spared us from this blight upon downtown. The nature of the setbacks
fronting the streets is only one factor in determining a successful pedestrian domain.
13th & Olive
Land use codes are necessary
to protect and promote the health, safety, and general welfare of the public. Municipalities
constantly revise them as thinking about urban form and the separation of usages
(Euclidean zoning) has evolved over the years. Smart growth strategies emphasizing
mixed uses, an increase in the range of housing opportunities, and favoring
compact growth have led to greater reliance upon form-based codes. A form-based
code (which the City’s proposed setback ordinance essentially is) does increase
the probability of achieving desirable physical outcomes. Implemented
correctly, form-based codes provide a set of clear and reliable design
standards. Conversely, there is a risk of creating an overly rigid regulatory condition, one that discourages
investment in the local real estate market.
It
is prudent to be wary of imperfect planning tools shaped by imperfect, albeit
well-intentioned, human beings. The fact architects either
chafe at the overly prescriptive nature of form-based codes, or lazily default to
reflexive conformance with their requirements doesn’t help. The dynamics of
development and the factors that contribute to achieving a livable community
will always be far too complex to flawlessly codify and regulate. Regardless, actively
specifying the shape of development—as opposed to doing nothing at all—is
necessary if we want the right outcome for our built environment.

While not formally codified, the
patterns enumerated by the City of Eugene’s Community Design Handbook provide an eminently accessible set of design
principles and guidelines. The guidelines include strategies for using built forms
and natural edges to define spaces, create networks of complete streets, enrich
the streetscape, design for human scale, and engage the public realm. The City
derived these principles and guidelines from proven best practices and examples
found here and elsewhere, with the assistance of a diverse group of community champions.(2) Taken together,
they do provide a template for urban design excellence.
At the time of the Community
Design Handbook’s development, I questioned its reliance upon shallow “motherhood and apple pie” statements
that lacked enough specificity to be truly meaningful. My fear was the
absence of clear and objective standards would render the document toothless. Would
well-meaning developers, architects, and designers interpret its underlying
principles in contradictory and conflicting ways if the City of Eugene elected
to not formalize the patterns as code amendments? Ultimately, I think boils down
to whether any given project’s participants fully embrace the goals of the Handbook.
The proposed amendments to the
Eugene Code concerning commercial setbacks may be the most expedient device immediately
available to the City’s planners, so their adoption seems presaged. I do understand
the necessity of a prescriptive land use ordinance but increasingly, I think a
looser, more flexible, and pattern-based approach will prove the more effective
means to consistently achieving universally appealing streetscapes. A one-size-fits-all formula
ensconced within a prescriptive ordinance is not the answer. Rather than designing
prescriptively, we should tackle every design problem holistically, in a
balanced fashion tailored to the specifics of each project and site.
I can imagine a copiously hyper-linked electronic version of the
Community Design Handbook one day being available. Such a tool would make
it easy to go down whatever rabbit hole you need to find concrete strategies
for how to “shape public spaces for human comfort, proportions, and intended
uses.” The success of every project would thus rely heavily upon the ability of
talented architects and designers to synthesize the numerous considerations demanded
by the Handbook, as opposed to an uncritical obedience to generic regulations.
* * * * * *
If you would like to view and possibly speak at tomorrow’s
virtual hearing about the proposed code amendment, look for information on how
to participate at the following website just prior to its scheduled time: https://www.eugene-or.gov/3360/Webcasts-and-Meeting-Materials.
(1) Besides
me, the other focus group participants were:
- Claire Barnum, Downtown Eugene, Inc.
- Mike DeLuise, Past Chair Downtown
Neighborhood Association, Amazon Corner resident
- Rick Duncan, Duncan & Brown, Inc.
- Stan Honn, Honn Design &
Construction
- Colin McArthur, Cameron McCarthy
Landscape Architecture & Planning
- Mark Miksis, deChase Miksis
- Steve Ochs, Homes for Good
- Hugh Prichard, Prichard Partners
- John Rowell, Rowell Brokaw Architects
- Rick Satre, The Satre Group
- Stephanie Seubert, Evans Elder Brown
& Seubert
(2) Those
who contributed toward the development of the Community Design Handbook
included Eugene residents, business owners, members of the American Society of
Landscape Architects, the Home Builders Association of Lane County, the University
of Oregon, the Cascadia Green Building Council, and the AIA-Eugene Committee on
Local Affairs (CoLA). As a member of CoLA, I assisted with a critical review of
the first draft of the handbook in 2016.