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Ordinance No. 20585
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2017 No. 20572 - 20587
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Ordinance No. 20585 w/Exhibits
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Ordinance No. 20585
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11/15/2017 9:05:08 AM
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11/15/2017 8:57:17 AM
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Council Ordinances
CMO_Document_Number
20585
Document_Title
Ordinance Establishing the Sufficiency of the Urban Growth Boundary for Residential Land
Adopted_Date
7/17/2017
Approved Date
7/24/2017
Signer
Piercy
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Eugene Ordinance Exhibit B <br />[Lane County Ordinance Exhibit B] <br />To any developer proposing to construct a type of needed housing on land with capacity to <br />accommodate such housing, as identified in the final BLI (at Part V of the Residential Land Supply Study), <br />the Eugene Land Use Code offers DLCD-ac know ledged, clear and objective standards, conditions and <br />procedures, as referenced in (4). Most housing construction is "outright permitted" (allowed after <br />obtaining only a ministerial building permit). Other housing developments may be required to obtain an <br />approval through a process that includes public notice and an opportunity for public comment. For <br />those developments, developers may design their projects to meet the clear and objective approval <br />criteria set out at the applicable section at: EC 9.8100 Conditional Use Permit Approval Criteria - Needed <br />Housing; EC 9.8220 Partition Tentative Approval Criteria — Needed Housing; EC 9.8325 Tentative Planned <br />Unit Development Approval Criteria - Needed Housing; EC 9.8445 Site Review Approval Criteria - Needed <br />Housing; or EC 9.8520 Subdivision, Tentative Plan Approval Criteria - Needed Housing. See findings <br />under (6), below for the alternative process for approval of needed housing developments. <br />The actions taken by this ordinance do not include changes to the City's acknowledged clear and <br />objective standards or procedures that specifically regulate the development of needed housing.' <br />(6) In addition to an approval process for needed housing based on clear and objective standards, <br />conditions and procedures as provided in subsection (4) of this section, a local government may <br />adopt and apply an alternative approval process for applications and permits for residential <br />development based on approval criteria regulating, in whole or in part, appearance or aesthetics <br />that are not clear and objective if: <br />(a) The applicant retains the option of proceeding under the approval process that meets the <br />requirements of subsection (4) of this section; <br />(b) The approval criteria for the alternative approval process comply with applicable statewide <br />land use planning goals and rules; and <br />(c) The approval criteria for the alternative approval process authorize a density at or above the <br />density level authorized in the zone under the approval process provided in subsection (4) of <br />this section. (This requirement is also set out at 660-008-0015(2).) <br />In addition to the subsection (4) process, the City code also offers the optional "alternative approval <br />process" described in (6). This alternative approval process is an option sometimes used by developers <br />of needed housing who do not wish to design their developments to conform to the clear and objective <br />standards referenced under (4), above. Such developers, wishing to design the development in a way <br />that would not meet the clear and objective standards available those developments, have the option of <br />seeking approval under the applicable section at: EC 9.8090 Conditional Use Permit Approval Criteria - <br />General; EC 9.8215 Partition Tentative Approval Criteria —General; EC 9.8320 Tentative Planned Unit <br />Development Approval Criteria - General; EC 9.8440 Site Review Approval Criteria - General; or EC <br />9.8515 Subdivision, Tentative Plan Approval Criteria - General. These code provisions have been <br />acknowledged by DLCD as being consistent with the statewide Planning Goals, and tested at LUBA and <br />the Court of Appeals for their consistency with statutes and rules. <br />' Amendments to the City's land use code made by the ordinance (as an efficiency measure to accommodate the <br />Medium Density Residential need) increase the minimum density required in the R-2 Medium Density Residential <br />Zone for lots of at least a half -acre in size. This revised development standard does not impose any discretionary <br />standards on needed housing applications. <br />15 Final <br />
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