HomeMy WebLinkAboutOrdinance No. 20526COUNCIL ORDINANCE NO. 20526
COUNCIL BILL 5110
AN ORDINANCE CONCERNING UNIVERSITY AREA PROTECTION
MEASURES; AMENDING SECTIONS 9.0500, 9.2735, 9.2740, 9.2741, 9.2750,
9.2751, 9.2761, 9.6105, 9.6410, 9.6745, 9.8030 AND 9.8415 OF THE EUGENE
CODE, 1971; AND ADDING SECTIONS 9.1245 AND 9.2737 TO THAT
CODE.
ADOPTED: March 12, 2014
SIGNED: March 12, 2014
PASSED: 5:0
REJECTED:
OPPOSED:
ABSENT: Evans, Syrett, Taylor
EFFECTIVE: April 12, 2014
ORDINANCE NO. 20526
AN ORDINANCE CONCERNING UNIVERSITY AREA PROTECTION
MEASURES; AMENDING SECTIONS 9.0500, 9.2735, 9.2740, 9.2741, 9.2750,
9.2751, 9.2761, 9.6105, 9.6410, 9.6745, 9.8030 AND 9.8415 OF THE EUGENE
CODE, 1971; AND ADDING SECTIONS 9.1245 AND 9.2737 TO THAT CODE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
The following definitions in Section 9.0500 of the Eugene Code, 1971, are
amended to provide as follows:
9.0500 Definitions
. As used in this land use code, unless the context requires otherwise,
the following words and phrases mean:
Accessory Building
. Any authorized, detached building subordinate to the main
building on the same development site. For the purposes of EC 9.2700 through
9.2777, in the R-1 zone, an accessory building that shares a common wall with the
primary dwelling for less than 8 feet is considered a detached accessory building.
Alley Access Lot/Parcel.
A lot, parcel or lot of record abutting an alley and not
abutting a street and created from the rear portion of an existing lot or parcel. For
purposes of EC 9.3050 through 9.3065, an alley access lot or parcel is one that
abuts an alley but does not abut a street.
Bedroom.
A bedroom is any room that either:
(A) Is designated as a bedroom on a development plan submitted to the city;
(B) Is included in the number of bedrooms stated in an advertisement, rental or
sales contract, marketing material, loan application, or any other written
document in which the owner, or an authorized agent of the owner, makes a
representation regarding the number of bedrooms available in the dwelling; or
(C) Meets all of the following:
1. Is a room that is a “habitable space” as defined by the current Oregon
Structural Specialty Code (OSSC) or Oregon Residential Specialty Code
(ORSC);
2. Meets the OSSC or OSRC bedroom requirements for natural light,
ventilation, and emergency escape and rescue windows;
3. Is a room that is accessed by a door on an interior wall and that does
not provide access to another room except for a bathroom, toilet room,
closet, hall, or storage or utility space.
Dwelling, Secondary
. A dwelling unit that is located on the same lot as a primary
one-family dwelling that is clearly subordinate to the primary one-family dwelling,
whether a part of the same structure as the primary one-family dwelling or a
detached dwelling unit on the same lot. Either the secondary dwelling or the
primary dwelling must be occupied by the property owner.
Kennel
. An establishment or premises on which 4 or more dogs over 6 months of
Ordinance - Page 1 of 17
age are kept or maintained, whether by owners of the dogs or by persons providing
facilities and care, and whether or not for compensation, not including the temporary
keeping of one additional dog for up to 6 months in any 12-month period. For
purposes of this definition, if the “premises” consists of a lot that contains a main
(See EC
dwelling and a secondary dwelling unit, the “premises” means the lot.
9.2741(2)(a)5. and EC 9.2751(17)(j))
Section 2.
Section 9.1245 of the Eugene Code, 1971, is added to provide as follows:
9.1245 Legal Pre-Existing Structures.
The structures listed in Table 9.1245 Legal Pre-
Existing Structures shall be considered to be pre-existing as long as such structures
were legally established. These structures may continue, and are not subject to the
provisions of sections 9.1200 through 9.1230. Determinations as to whether a
particular structure qualifies as a pre-existing structure shall be made by the
Planning Director.
Table 9.1245 Legal Pre-Existing Structures
R-1 Low Density Residential Secondary Dwelling, Rowhouse, Limited to those in existence on
within the within the city-Duplex, Triplex, Fourplex, Flag _______ [effective date of
recognized boundaries of Lot, Alley Access Lot, Dwellings ordinance]
Amazon Neighbors, Fairmount with 4 or more bedrooms,
Neighbors and South University Accessory Building
Neighborhood Association
Section 3.
Section 9.2735 of the Eugene Code, 1971, is amended to provide as follows:
9.2735 Residential Zone Siting Requirements.
In addition to the approval criteria of EC
9.8865 Zone Change Approval Criteria, a property proposed for the R-1.5 zone shall
not exceed the area needed to accommodate up to 8 rowhouse lots and shall be
located at least 500 feet, as measured along existing street public right-of-way, from
any other property zoned R-1.5. Zone changes to R-1.5 are prohibited within the
city-recognized boundaries of Amazon Neighbors, Fairmount Neighbors and South
University Neighborhood Association.
Section 4.
Section 9.2737 of the Eugene Code, 1971, is added to provide as follows:
9.2737 Residential Occupancy Requirements.
Occupancy of a dwelling is limited by the
definition of family at EC 9.0500. The city manager may require a property owner to
provide copies of lease or rental agreements documenting compliance with
occupancy limits.
Section 5.
The text of Section 9.2740 of the Eugene Code, 1971, and the following entry
in Table 9.2740, are amended to provide as follows:
Ordinance - Page 2 of 17
9.2740 Residential Zone Land Use and Permit Requirements.
The following Table
9.2740 Residential Zone Land Use and Permit Requirements identifies those uses
in the residential zones that are:
(P) Permitted.
(SR) Permitted, subject to an approved site review plan or an approved final
planned unit development.
(C) Subject to an approved conditional use permit or an approved final
planned unit development.
(PUD) Permitted, subject to an approved final planned unit development.
(S) Permitted, subject to the Special Development Standards for Certain
Uses beginning at EC 9.5000.
(#) The numbers in ( ) in the table are uses that have special use limitations
that are described in EC 9.2741 Special Use Limitations for Table
9.2740.
The examples listed in Table 9.2740 are for informational purposes and are not
exclusive. Table 9.2740 does not indicate uses subject to Standards Review.
Applicability of Standards Review procedures is set out at EC 9.8465.
Table 9.2740 Residential Zone Land Uses and Permit Requirements
R-1R-1.5R-2R-3R-4
Residential
Rowhouse (One-Family on Own Lot Attached to P(3)P(3) P P P
Adjacent Residence on Separate Lot with Garage
or Carport Access to the Rear of the Lot)
Section 6.
Subsections (3), (4), (5), and (6) of Section 9.2741 of the Eugene Code,
1971, are amended to provide as follows:
9.2741 Special Use Limitations for Table 9.2740.
(3) Rowhouses.
(a) In R-1, new rowhouses are prohibited within the city-recognized
boundaries of Amazon Neighbors, Fairmount Neighbors and South
University Neighborhood Association.
(b) In R-1.5, rowhouses shall comply with all of the following:
1. Maximum Building Size: Eight rowhouses in a building, no more
than 180 feet in width.
2. Minimum Interior or Rear Open Space Required: 400 square feet
per rowhouse with a minimum smallest dimension of 14 feet.
3. Auto access and parking shall be provided from the alley to the
rear of the lot; there shall be no auto access from the front of the
lot.
4. Siting requirements of EC 9.2735.
(4) Duplex.
When located in R-1, a duplex shall conform to 1 of the following
standards below, except that new duplexes are prohibited within the city-
recognized boundaries of Amazon Neighbors, Fairmount Neighbors and
South University Neighborhood Association:
(a) The duplex was legally established on August 1, 2001.
(b) The duplex is on a corner lot abutting public streets as provided in EC
Ordinance - Page 3 of 17
9.2760 Residential Zone Lot Standards, which is at least 8,000 square
feet in size.
(c) The duplex is on a lot that was identified as being developable for a
duplex on a subdivision plat.
(5) Triplex.
When located in R-1, a triplex shall be on a lot that was identified as
a triplex lot in a subdivision, except that new triplexes are prohibited within the
city-recognized boundaries of Amazon Neighbors, Fairmount Neighbors and
South University Neighborhood Association.
(6) Fourplex.
When located in R-1, a fourplex shall be on a lot that was identified
as a fourplex lot in a subdivision, except that new fourplexes are prohibited
within the city-recognized boundaries of Amazon Neighbors, Fairmount
Neighbors and South University Neighborhood Association.
Section 7.
Section 9.2750 of the Eugene Code, 1971, is amended to provide as follows:
9.2750 Residential Zone Development Standards.
In addition to applicable provisions
contained elsewhere in this code, the development standards listed in this section
and in EC 9.2751 to EC 9.2777 shall apply to all development in residential zones.
In cases of conflicts, standards specifically applicable in the residential zone shall
apply.
The following Table 9.2750 sets forth the residential zone development standards,
subject to the special development standards in EC 9.2751.
Table 9.2750 Residential Zone Development Standards
(See EC 9.2751 Special Development Standards for Table 9.2750.)
R-1R-1.5R-2R-3R-4
Density (1)
Minimum Net Density per AcreNo-- 10 units 20 units 20 units
Minimum
Maximum Net Density per Acre
14 units -- 28 units 56 units 112 units
Maximum Building Height (2), (3), (4), (5), (16), (17), (18)
Main Building. Includes 30 feet 35 feet 35 feet 50 feet 120 feet
Secondary Dwellings Within
the Main Building
Accessory Building. Includes 20 feet 20 feet 25 feet 30 feet 30 feet
Secondary Dwellings
Detached from Main Building
(See EC 9.2741(2)(b) if
located within 20 feet of
property line.)
Minimum Building Setbacks (2), (4), (6), (9), (10), (11), (16), (17), (18)
Front Yard Setback (excluding 10 feet 10 feet 10 feet 10 feet 10 feet
garages and carports)
Front Yard Setback for 18 feet -- 18 feet 18 feet 18 feet
Garage Doors and Carports
(12)
Ordinance - Page 4 of 17
Table 9.2750 Residential Zone Development Standards
(See EC 9.2751 Special Development Standards for Table 9.2750.)
R-1R-1.5R-2R-3R-4
Interior Yard Setback (except 5 feet or -- 5 feet or 5 feet or 5 feet or
where use, structure, location minimumminimumminimumminimum
is more specifically addressed of 10 feet of 10 feet of 10 feet of 10 feet
below)(7) between between between between
buildingsbuildingsbuildingsbuildings
Interior Yard Setback for 15 feet -- 15 feet 15 feet 15 feet
Education, Government and
Religious Uses.
Interior Yard Setback for
10 feet – – – --
Buildings Located on Flag
Lots in R-1 Created After
December 25, 2002 (See EC
9.2775(5)(b))
Area-Specific Interior Yard -- -- -- See (8) See (8)
Setback
Maximum Lot Coverage (18)
All Lots, Excluding Rowhouse 50% of Lot-- 50% of Lot-- --
Lots
Rowhouse Lots 75% of Lot75% of Lot75% of Lot75% of Lot 75% of Lot
Outdoor Living Area (13)
Minimum Total Open Space – -- 20% of 20% of 20% of
dev. site dev. site dev. site
Fences (14)
Maximum Height Within 6 feet 42 inches 6 feet 6 feet 6 feet
Interior Yard Setbacks
Maximum Height within Front 42 inches 42 inches 42 inches 42 inches 42 inches
Yard Setbacks
Driveways and Parking Areas (15)
General Standards -- -- -- See See
(15)(b) (15)(b)
Area-Specific See-- -- -- --
(15)(a)
Accessory Buildings (16)
Area-Specific See (16) -- -- -- --
Secondary Dwelling Units (17)
General Standards See EC -- -- -- --
9.2741(2)
Area-Specific See (17) -- -- -- --
Alley Access Lots (18)
Area-Specific See (18) -- -- -- --
Maximum Bedroom Count (19)
Area-Specific See (19) -- -- -- --
Ordinance - Page 5 of 17
Section 8.
Figure 9.2751(16)(c)1. is added as shown on Exhibit A attached hereto; and
Figure 9.2751(18)(k) is added as shown on Exhibit B attached hereto.
Section 9
. Subsections (3), (8), (11), and (15) of Section 9.2751 of the Eugene Code,
1971, are amended; and subsections (16), (17), (18), and (19) are added to provide as follows:
9.2751 Special Development Standards for Table 9.2750.
(3)Building Height.
(a) Except as provided in (b) and (c) below, in the R-3 and R-4 zone, the
maximum building height shall be limited to 30 feet for that portion of the
building located within 50 feet from the abutting boundary of, or directly
across an alley from, land zoned R-1.
(b) For that area bound by Patterson Street to the west, Agate Street to the
thth
east, East 18 Avenue to the north and East 20 Avenue to the south:
thth
1. In the R-3 zone between 19 and 20 Avenues, the maximum
building height is 35 feet.
2. In the R-4 zone west of Hilyard Street, the maximum building
height is 65 feet.
3. In the R-4 zone east of Hilyard Street, the maximum building
height is:
th
a. 35 feet within the area south of 19 Avenue;
th
b. 50 feet within the half block abutting the north side of 19
Avenue;
th
c. 65 feet within the half block abutting the south side of 18
Avenue.
(See Figure 9.2751(3)).
(c) For that area bound by Hilyard Street to the west, Kincaid Street to the
thth
east, East 13 Alley to the north and East 18 Avenue to the south the
maximum building height is 65 feet.
(See Figure 9.2751(3)).
(d) An additional 7 feet of building height is allowed for roof slopes of 6:12
or steeper in the R-1, R-2, R-3 and R-4 zones, except that this additional
building height allowance is not permitted for secondary dwellings,
accessory buildings in the R-1 zone, or development on alley access
lots within the city-recognized boundaries of Amazon Neighbors,
Fairmount Neighbors and South University Neighborhood Association.
(8)Area-Specific Interior Yard Setback.
For R-3 and R-4 zoned properties
located in the area bound by Hilyard Street to the west, Agate Street to the
thth
east, East 19 Avenue to the north and East 20 Avenue to the south and that
are abutting or across an alley from R-1 zoned property:
(a) The interior yard setback shall be a minimum of 10 feet from the
property line abutting or across an alley from R-1 zoned property; and
(b) At a point that is 25 feet above finished grade, the setback shall slope at
the rate of 7 inches vertically for every 12 inches horizontally away from
the property line abutting or across an alley from R-1 zoned property
until a point not to exceed allowable building height at EC 9.2751(3)(b).
The allowances for setback intrusions provided at EC 9.6745(3) do not apply
within the setback described in (a) and (b) above, except that eaves and
(See
chimneys are allowed to project into this setback no more than 2 feet.
Ordinance - Page 6 of 17
Figure 9.2751(8))
(11)Alley Access Lots/Parcels.
Alley access parcels shall be subject to the
provisions of this section for all yards, including the yard adjacent to the
property line separating the alley access parcel from the original parent parcel.
Alley access parcels have only interior yard setbacks. There are no front yard
setbacks since there is no frontage on a street. (See EC 9.2751(18) for Alley
Access Lot Standards within the city-recognized boundaries of the Amazon
Neighbors, Fairmount Neighbors and South University Neighborhood
Association.)
(15) Driveways and Parking Areas.
(a) R-1 Zone. Within the city-recognized boundaries of the Amazon
Neighbors, Fairmount Neighbors and South University Neighborhood
Association, the following standards apply when a new dwelling or a
new parking area serving residential uses is created in the R-1 zone,
except for alley access lots, flag lots, and lots on the east side of
Fairmount Boulevard:
1. A lot shall have no more than one driveway accessed from a
street.
2. The total number of parking spaces shall be limited to 2 per lot,
not including parking within a garage.
3. The driveway and associated parking shall be perpendicular to the
street.
4. A driveway and associated parking area shall not exceed 22 feet
in width by 18 feet in depth for side by side parking spaces, or 12
feet in width by 33 feet in depth for tandem parking spaces.
5. Driveways and associated parking spaces shall be hard-surfaced
with asphalt, concrete, pavers or grass-crete. No parking shall be
allowed outside of the hard-surfaced area.
(b) R-3 and R-4 Zones. Except for development subject to the Multi-Family
Development standards at EC 9.5500 and development authorized
through a planned unit development approved prior to June 15, 2012,
the following standards apply when a new dwelling or new parking area
serving residential uses is created in the R-3 or R-4 zones.
1. Except for corner lots, a lot may have no more than one driveway
accessed from a street. For corner lots, one driveway on each
street frontage may be provided if allowed per EC 9.6735.
2. Abutting lots may share a driveway provided such a driveway is
allowed under Chapter 7 of this code. When shared driveways
are provided, no additional driveways are permitted on that street
frontage for either lot sharing the driveway.
3. Except for a driveway and associated parking area shared by two
adjoining lots (“shared driveway”), no driveway or associated
parking area shall be located in the interior yard setback adjacent
to a property line, except in an interior yard setback that is
adjacent only to an alley.
4. Consistent with the standards in this subsection, a driveway and
associated parking area may be located between any structure
and the street or alley.
5. When a driveway and associated parking area is provided from an
alley, the driveway and associated parking area shall not extend
further than the street facing façade of the building closest to the
Ordinance - Page 7 of 17
street.
6. Except for shared driveways and as provided in 8. below, when a
driveway and associated parking area is accessed from a street,
the driveway and associated parking area shall not exceed 22 feet
in width. Shared driveways and associated parking areas shall
not exceed 24 feet in width.
7. Except as provided in 8. below, a driveway and associated
parking area accessed from a street shall be a minimum of 18 feet
in depth and a maximum of 33 feet in depth, measured from the
front lot line. The driveway and associated parking area shall be
perpendicular to the adjacent street.
8. When a parking area is provided behind the structure and
accessed from a street, the driveway shall be perpendicular to the
street until it serves the associated parking area and shall not
exceed 20 feet in width.
9. All portions of required front yard setbacks not otherwise covered
by a legal driveway or by projecting building features as allowed
per EC 9.6745(3) shall be landscaped and maintained with living
plant material, except that a pedestrian path, not to exceed 4 feet
in width, may be allowed from the street to the entrance of a
dwelling. The pedestrian path shall be separated from any vehicle
use areas by a minimum of 3 feet. The area between the vehicle
use area and the pedestrian path shall be landscaped and
maintained with living plant material.
10. No parking shall occur in the landscaped portion of the required
front yard setback.
11. Adjustments to the standards in subsection 9. may be made,
based on the criteria at EC 9.8030(30).
(See Figure 9.2751(15))
(16) Area-Specific Accessory Building Standards.
The following standards
apply to all new accessory buildings associated with a dwelling in the R-1
zone within the city-recognized boundaries of Amazon Neighbors, Fairmount
Neighbors and South University Neighborhood Association that are detached
or that share a common wall with the primary dwelling for less than 8 feet:
(a) In addition to any accessory buildings legally established prior to _____
[effective date of ordinance], one accessory building is allowed.
(b) The accessory building shall not exceed 400 square feet in area.
(c) Building Height/Interior Sloped Setback.
1. The interior yard setbacks shall be at least 5 feet from the interior
lot lines. In addition, at a point that is 8 feet above finished grade,
the setbacks shall slope at the rate of 10 inches vertically for every
12 inches horizontally (approximately 40 degrees from horizontal)
away from the lot lines until a point not to exceed a maximum
building height of 18 feet.
2. The allowances for setback intrusions provided at EC 9.6745(3)
do not apply within the setback described in 1. above, except that
eaves, chimneys and gables are allowed to project into this
setback no more than 2 feet.
(See Figure 9.2751(16)(c)1.)
(d) An accessory building greater than 200 square feet in area shall have a
minimum roof pitch of 6 inches vertically for every 12 inches horizontally.
Ordinance - Page 8 of 17
(e) No accessory building shall be rented, advertised, represented or
otherwise used as an independent dwelling.
(f) The accessory building shall not include more than one plumbing fixture.
(g) For an accessory building with one plumbing fixture, prior to the city's
issuance of a building permit for the accessory building, the owner shall
provide the city with a copy of a deed restriction on a form approved by
the city that has been recorded with the Lane County Clerk. The deed
restriction must include the following statements:
1. The accessory building shall not be rented, advertised,
represented or otherwise used as an independent dwelling.
2. If the property owner is unable or unwilling to fulfill the
requirements of the Eugene Code for use of the accessory
building, then the property owner shall discontinue the use and
remove the plumbing fixture from the building.
3. Lack of compliance with the above shall be cause for code
enforcement under the provisions of the applicable Eugene Code.
4. The deed restriction shall lapse upon removal of the accessory
building or removal of the plumbing fixture. The City must
approve removal of deed restriction.
5. The deed restriction shall run with the land and be binding upon
the property owner, heirs and assigns and is binding upon any
successor in ownership of the property.
(17) Area-Specific Secondary Dwelling Standards.
The following standards
apply to all new attached or detached secondary dwellings in the R-1 zone
within the city-recognized boundaries of Amazon Neighbors, Fairmount
Neighbors and South University Neighborhood:
(a) Lot Area. To allow for a secondary dwelling, the lot shall contain at least
7,500 square feet.
(b) Lot Dimension. The boundaries of the lot must be sufficient to fully
encompass an area with minimum dimensions of 45 feet by 45 feet.
(c) Lot Coverage. The lot shall meet the lot coverage requirements for R-1,
except that all roofed areas shall be included as part of the calculation of
lot coverage.
(d) Vehicle Use Area. The maximum area covered by paved and unpaved
vehicle use areas including but not limited to driveways, on-site parking
and turnarounds, shall be limited to 20 percent of the total lot area.
(e) Building Size. For lots at least 7,500 square feet and less than 9,000
square feet in area, the secondary dwelling shall not exceed 600 square
feet of total building square footage. For lots at least 9,000 square feet
in area, the secondary dwelling shall not exceed 800 square feet of total
building square footage. Total building square footage is defined as all
square footage inside of the dwelling, including, but not limited to
hallways, entries, closets, utility rooms, stairways and bathrooms.
(f) Minimum Attachment. The secondary dwelling and the primary
dwelling must share a common wall or ceiling for a minimum length of 8
feet to be considered attached.
(g) Maximum Bedrooms. For lots with a primary dwelling containing 3 or
fewer bedrooms, the secondary dwelling shall be limited to 2 bedrooms.
For lots with a primary dwelling containing 4 or more bedrooms, the
secondary dwelling shall be limited to 1 bedroom.
(h) Maximum Occupancy. For lots with a primary dwelling containing 3 or
Ordinance - Page 9 of 17
fewer bedrooms, the secondary dwelling shall be limited to 3 occupants.
For lots with a primary dwelling containing 4 or more bedrooms, the
secondary dwelling shall be limited to 2 occupants.
(i) Building Height/Interior Sloped Setback. For detached secondary
dwellings:
1. The interior yard setback shall be at least 5 feet from the interior
lot line. In addition, at a point that is 8 feet above grade, the
setback shall slope at the rate of 10 inches vertically for every 12
inches horizontally (approximately 40 degrees from horizontal)
away from the lot line until a point not to exceed a maximum
building height of 18 feet.
2. The allowances for setback intrusions provided at EC 9.6745(3)
do not apply within the setback described in 1. above, except that
eaves, chimneys and gables are allowed to project into this
setback no more than 2 feet.
(See Figure 9.2751(16)(c)1.)
(j) Dog Keeping. No more than 3 dogs shall be permitted on the lot, not
including the temporary keeping of one additional dog for up to 6
months in any 12-month period.
(k) Ownership/Occupancy Requirements. Either the primary dwelling or
the secondary dwelling shall be the principal residence of the property
owner. The principal residence must be occupied for a minimum of 6
months of each calendar year by a property owner who is the majority
owner of the property as shown in the most recent Lane County
Assessor’s roll. If there is more than one property owner of record, the
owner with the majority interest in the property shall be deemed the
property owner. Any property owner of record holding an equal share in
the property may be deemed the majority owner if no other owner owns
a greater interest. The principal residence cannot be leased or rented
when not occupied by the property owner. Prior to the city’s issuance of
the building permit for the secondary dwelling (or the primary dwelling if
it is constructed later) the property owner must provide the city with a
copy of the property deed to verify ownership and two forms of
documentation to verify occupancy of the primary residence.
Acceptable documentation for this purpose includes voter’s registration,
driver’s license, homeowner’s insurance, income tax filing, and/or utility
bill. When both the primary and secondary dwelling are constructed at
the same time, such documentation must be provided prior to final
occupancy.
(l) Temporary Leave. Notwithstanding subsection (k) above, a property
owner may temporarily vacate the principal residence for up to one year
due to a temporary leave of absence for an employment, educational,
volunteer opportunity, or medical need. The property owner must
provide the city proof of temporary leave status from the property
owner’s employer, educational facility, volunteer organization or medical
provider, and a notarized statement that the property owner intends to
resume occupancy of the principal residence after the one year limit.
During the temporary leave, the property owner may rent or lease both
units on the property. Leaves in which property owner is temporarily
absent shall not be consecutive and shall not occur more than once
every 5 years.
Ordinance - Page 10 of 17
(m) Deed Restriction. Prior to issuance of a building permit for the
secondary dwelling (or the primary dwelling if it is constructed later), the
owner shall provide the city with a copy of a deed restriction on a form
approved by the city that has been recorded with the Lane County
Clerk. The deed restriction must include a reference to the deed under
which the property was acquired by the present owner and include the
following provisions:
1. One of the dwellings must be the principal residence of a property
owner who is the majority owner of the property. Requirements
for occupancy shall be determined according to the applicable
provisions of the Eugene Code.
2. The deed restriction runs with the land and binds the property
owner(s), heirs, successors and assigns.
3. The deed restriction may be terminated, upon approval by the
City, when one of the dwellings is removed, or at such time as the
city code no longer requires principal occupancy of one of the
dwellings by the owner.
In addition, the applicable maximum occupancy limitation in
subsection (h) above must be included in the deed restriction.
(n) Verification. At least once every two years, the property owner shall
provide to the city documentation of compliance with the ownership and
occupancy requirements of subsection (k) above. The property owner
must provide a copy of the current property deed to verify ownership
and two forms of documentation to verify occupancy of the principal
residence. Acceptable documentation for this purpose includes voter’s
registration, driver’s license, homeowner’s insurance, income tax filing,
and/or utility bill.
(o) Parking. For the primary dwelling, there shall be a minimum of one and
a maximum of two parking spaces on the lot. There shall be one
additional parking space on the lot for the exclusive use for the
occupants and guests of the secondary dwelling.
(p) Alley Access Parking and Driveway. The standards at EC 9.2751(18)(k)
are applicable to attached and detached secondary dwellings where
primary vehicle access for the required parking is from an alley.
(q) Pedestrian Access. A pedestrian walkway shall be provided from the
street or alley to the primary entrance of the secondary dwelling. The
pedestrian walkway shall be a hard surface (concrete, asphalt or
pavers) and shall be a minimum of 3 feet in width. The standards in this
subsection (q) are applicable to attached and detached secondary
dwellings, except that if primary vehicle access for the required parking
is from an alley, the path must be provided from the alley.
(r) Primary Entrance. The primary entry to a secondary dwelling shall be
defined by a covered or roofed entrance with a minimum roof depth and
width of no less than 3 feet. The standards in this subsection (r) are
applicable to detached secondary dwellings only.
(s) Outdoor Storage/Trash. Outdoor storage and garbage areas shall be
screened from view from adjacent properties and those across the street
or alley with a minimum 42-inch tall 100-percent site obscuring fence or
enclosure on at least three sides. The standards in this subsection (s)
are applicable to detached secondary dwellings only.
(t) Maximum Wall Length. Along the vertical face of the dwelling, offsets
Ordinance - Page 11 of 17
shall occur at a minimum of every 25 feet by providing at least one of
following: recesses or extensions, including entrances, a minimum
depth of 2 feet and a minimum width of 5 feet for the full height of the
wall. Full height is intended to mean from floor to ceiling (allowing for
cantilever floor joists). The standards in this subsection (t) are
applicable for detached secondary dwellings only.
(u) Enforcement. Failure to adhere to the standards required under this
section shall constitute a violation subject to the enforcement provisions
of section 9.0000 through 9.0280 General Administration.
(18) Area-Specific Alley Access Lot Standards.
(a) Applicability. The following standards apply to alley access lots existing
as of ______ [effective date of ordinance] in the R-1 zone within the city-
recognized boundaries of Amazon Neighbors, Fairmount Neighbors and
South University Neighborhood.
(b) General. All base zone development standards must be met, unless
otherwise stated in this section. Secondary dwellings are not allowed.
(c) Building Size. An alley access lot dwelling shall not exceed 1,000
square feet of total building square footage, measured at the exterior
perimeter walls. For alley access lots, total building square footage is
defined as all square footage inside of the dwelling, including, but not
limited to hallways, entries, closets, utility rooms, stairways and
bathrooms. For one and one-half story structures, a maximum of 400
square feet of the total building square footage can be on the upper
floor.
(d) Lot Coverage. Alley access lots shall meet the lot coverage
requirements for R-1, except that all roofed areas shall be included as
part of the calculation of lot coverage.
(e) Building Height/Interior Setback.
1. The interior yard setbacks shall be at least 5 feet from all lot lines
(including the alley frontage). In addition, at a point that is 8 feet
above finished grade, the setbacks from all lot lines, except the
alley frontage, shall slope at the rate of 10 inches vertically for
every 12 inches horizontally (approximately 40 degrees from
horizontal) away from the lot line until a point not to exceed a
maximum building height of 18 feet.
2. The allowances for setback intrusions provided at EC 9.6745(3)
do not apply within the setback described in 1. above, except that
eaves, chimneys and gables are allowed to project into this
setback no more than 2 feet.
(See Figure 9.2751(16)(c)1.)
(f) Windows, Dormers and Balconies.
1. Any window on the upper story must be located a minimum of 10
feet from any property line.
2. Up to two dormers are allowed on the side of the dwelling facing
the alley. Dormers are limited to a maximum width of 10 feet.
Dormers are not allowed on the remaining sides of the dwelling.
3. Balconies and other second floor outdoor areas are only allowed
on the side of the dwelling facing the alley, and shall be setback at
least 10 feet from the alley.
4. Notwithstanding 2. and 3. above, dormers and balconies are not
allowed on the second floor of a dwelling on any non-alley facing
Ordinance - Page 12 of 17
property line unless the affected adjacent property owner
consents in writing on a form approved by the city.
(g) Bedrooms. The dwelling shall contain no more than 3 bedrooms.
(h) Primary Entrance. The primary entry to the dwelling shall be defined by
a covered or roofed entrance with a minimum roof depth and width of no
less than 3 feet.
(i) Pedestrian Access. The dwelling shall be served by a minimum three
foot wide hard-surfaced/hardscaped (paved, concrete or pavers)
pedestrian walkway from the alley, or from the front street via an
easement. The pedestrian walkway must be recognizable and distinct
(different color, materials and/or texture) from the driveway and parking
area, but is not required to be separated from the driveway or parking
area.
(j) Parking Spaces. There shall be a minimum of 1 and a maximum of 2
parking spaces on the lot.
(k) Parking and Driveway.
1. Only one covered or enclosed parking space may be provided
(carport or garage). The covered or enclosed parking space shall
be counted towards the total number of parking spaces.
2. The maximum dimensions for a garage shall be 16 feet by 24 feet,
with a maximum garage door width of 9 feet.
3. The minimum setback for a garage shall be 5 feet from the alley.
If the garage is setback greater than 5 feet from the alley, it must
be setback a minimum of 15 feet and the area between the
garage and the alley shall be counted towards one parking space.
4. The maximum width for a driveway accessing a garage or carport
shall be 12 feet.
5. The maximum dimensions for one parking space located
perpendicular to the alley shall be 12 feet in width by 20 feet in
depth.
6. The maximum dimensions for two side by side parking spaces
perpendicular to the alley shall be 20 feet in width by 20 feet in
depth.
7. The maximum dimensions for tandem parking spaces shall be 12
feet in width by 33 feet in depth.
8. Only one parking space parallel to the alley shall be allowed, and
such space shall not exceed 10 feet in width and 20 feet in length
along the length of alley.
9. The total vehicle use area, including but not limited to driveways
and on-site parking, but not including parking space in garage,
shall not exceed 400 square feet.
10. No parking shall occur outside of the vehicle use area.
(See Figure 9.2751(18)(k))
(l) Distance from Street/Fire Safety. If any portion of the exterior walls of
the first story of the dwelling is greater than 150 feet from the centerline
of the alley where it intersects with the curb of the street, as measured
by a route approved by the fire code official, the dwelling shall be
equipped throughout with multi-purpose residential sprinklers as defined
in National Fire Protection Association Standard 13D.
(m) Trash and Recycling. Outdoor storage and garbage areas shall be
screened from view from adjacent properties and those across the alley
Ordinance - Page 13 of 17
with a minimum 42-inch tall 100-percent site obscuring fence or
enclosure on at least three sides.
(n) Accessory Buildings. Detached accessory buildings are allowed subject
to the standards at EC 9.2751(16), except that the total square footage
of all accessory buildings on an alley access lot is limited to 400 square
feet.
(19) Area-Specific Maximum Bedroom Count.
In the R-1 zone within the city-
recognized boundaries of Amazon Neighbors, Fairmount Neighbors and
South University Neighborhood Association, the maximum allowable number
of bedrooms in a dwelling shall be limited to 3 bedrooms total, except that
additional bedroom(s) may be added beyond 3 if, prior to the city’s issuance
of a building permit for a new dwelling or for an addition, expansion or
alteration that adds bedroom(s), the owner records a deed restriction with the
Lane County Clerk, on a form approved by the city, that includes the following
provisions:
1. The maximum number of unrelated individuals living in the
dwelling shall be limited to 3.
2. The deed restriction runs with the land and binds the property
owner(s), heirs, successors and assigns.
3. The deed restriction may be terminated, upon approval by the city,
when bedrooms are removed so that there are 3 bedrooms, or at
such time as the city code no longer requires a
bedroom/occupancy limit in accordance with this section.
Section 10.
Subsections (2), (3), (4) and (8) of Section 9.2761 of the Eugene Code,
1971, are amended to provide as follows:
9.2761 Special Standards for Table 9.2760.
(2) Small Lots.
Lots shall comply with other small lot provisions unless approved
as a cluster subdivision or a Planned Unit Development (PUD). (See EC
9.2770 Small Lot Standards for R-2, R-3 and R-4 Zones.)
(3) Rowhouse Lots.
(a) In R-1, rowhouse lots can be created only in a subdivision created after
August 1, 2001 that contains 10 or more lots and where the overall
residential density in the subdivision complies with Table 9.2750
Residential Zone Development Standards, except that the creation of
new rowhouse lots is prohibited within the city-recognized boundaries of
Amazon Neighbors, Fairmount Neighbors and South University
Neighborhood Association.
(b) In all zones, rowhouses shall have street frontage for the residence and
alley access for off-street parking.
(4)Flag Lots.
(a) No variances to residential flag lot standards are allowed.
(b) The creation of new flag lots is prohibited in the R-1 zone within the city-
recognized boundaries of Amazon Neighbors, Fairmount Neighbors and
South University Neighborhood Association.
(c) Other residential flag lot standards also apply. (See EC 9.2775
Residential Flag Lot Standards for R-1, R-2, R-3 and R-4.)
(8)Duplex Division Lots.
Duplex division lots shall comply with other duplex
Ordinance - Page 14 of 17
division provisions. (See EC 9.2777 Duplex Division Lot Standards.)
Section 11.
The following entry in Table 9.6105(5) of Section 9.6105 of the Eugene
Code, 1971, is amended to provide as follows:
Table 9.6105(5) Minimum Required
Bicycle Parking Spaces
UsesRequired Bicycle ParkingType and % of
Bicycle
(Minimum 4 bicycle spaces required
Parking
unless -0- is indicated.)
Lodging
Hotel, Motel, and similar business 1 per 10 guest rooms. 75% long term
providing overnight 25% short term
accommodations
Section 12.
Subsection (1) of Section 9.6410 of the Eugene Code, 1971, and the
following entry in Table 9.6410 of Section 9.6410 are amended to provide as follows:
9.6410 Motor Vehicle Parking Standards.
(1) Location of Required Off-Street Parking Spaces.
Required off-street
parking shall be on the development site or within 1/4 mile or 1320 feet of the
development site that the parking is required to serve.
(a) All required parking shall be under the same ownership as the
development site served, except through a city approved agreement
that binds the parking area to the development site. The off-street
parking space requirement for a multi-family dwelling may be satisfied
through an agreement that provides parking located on another multi-
family dwelling’s development site only if the party requesting approval
demonstrates that, after the agreement is executed, both development
sites will meet the current code’s minimum off-street parking space
requirement. Each parking space provided through a city approved
agreement must have a permanent sign of at least 1 square foot that
indicates the name or address of the multi-family dwelling for which the
parking is reserved.
(b) Except as provided in EC 9.2751(15)(b)3. Driveways and Parking Areas
in R-3 and R-4, parking areas may be located in required setbacks only
as permitted in EC 9.6745 Setbacks - Intrusions Permitted.
(c) Tandem parking spaces may be utilized to meet off-street parking
requirements for multi-family dwellings in the R-3 and R-4 zones within
the boundaries of the city recognized West University Neighbors and
South University Neighborhood Association. Those tandem spaces may
only be located in an underground parking area or at least 30 feet from
a public street within a parking area that can be accessed only from an
(For tandem parking on alleys, see Figure 9.6410(1)(c))
alley..
Tandem parking spaces may not be utilized to meet off-street parking
requirements for other types of development in any area.
Ordinance - Page 15 of 17
Table 9.6410 Required Off-Street
Motor Vehicle Parking
UsesMinimum Number of Required Off-Street
Parking Spaces
Lodging
Hotel, Motel, and similar business providing 1 per guest room.
overnight accommodations
Section 13.
Subsection (6) of Section 9.6745 of the Eugene Code, 1971, is amended to
provide as follows:
9.6745 Setbacks-Intrusions Permitted.
(6) Driveways.
Except as provided in EC 9.2751(15)(b)3. Driveways and Parking
Areas in R-3 and R-4, in any zone, driveways or accessways providing
ingress and egress to or from parking spaces, parking areas, parking garages,
or structured parking shall be permitted, together with any appropriate traffic
control devices, in any required setback.
Section 14.
Subsection (30) of Section 9.8030 of the Eugene Code, 1971, is 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.
(30) Driveways and Parking Areas in R-3 and R-4.
The standards at EC
9.2751(15)(b)9. may be adjusted if the applicant demonstrates that any
hardscaped or non-landscaped areas are separated from the driveway and
associated parking area, and that vehicle access and parking is physically
precluded.
Section 15.
Subsection (6) of Section 9.8415 of the Eugene Code, 1971, is added to
provide as follows:
9.8415Property Line Adjustment Approval Criteria.
The planning director shall
approve, approve with conditions, or deny the property line adjustment application.
Approval or approval with conditions shall be based on compliance with the
following criteria:
(6)
Within the R-1 zone in the city-recognized boundaries of Amazon Neighbors,
Fairmount Neighbors and South University Neighborhood Association,
property lines may only be adjusted up to 5 feet, measured perpendicularly
from the current location of the property line. A Property Line Adjustment
allowed under this section may be up to 10 feet if the adjustment is necessary
to accommodate an encroachment that existed as of _____ [effective date of
ordinance].
Ordinance - Page 16 of 17
Exhibit A
Figure
9.2751(16)(c)1.
Interior Yard Setbacks
for Accessory Buildings,
Secondary Dwellings and
Alley Access Lots
12
10
Finished Grade
5 feet
Interior Yard Setback
Exhibit B
Figure
Parking and Driveway
9.27(
for Alley Access Lots
v
v
OPTION A:OPTION B:
Single Perpendicular Parking Side by Side Parking
400 SF MAX400 SF MAX
Dwelling
Dwelling
v1%<
v1%<
ALLEY
ALLEY
v
v
OPTION C:OPTION D:
Attached Parking and Parallel Parking
Single Parking Combination400 SF MAX
400 SF MAX
Dwelling
Dwelling
Garage
16’x24’
MAX
ALLEY
ALLEY
v1%<
v1%<
v
OPTION E:
Tandem Parking
400 SF MAX
Property Line
Dwelling
Setbacks
ALLEY
v1%<
Exhibit C
Findings
SingleFamilyLandUseCodeAmendments
UniversityAreaProtectionMeasures
(CityFileCA133)
Overview
ThispackageoflandusecodeamendmentsoftheR1LowDensityResidentialzoneprovidesinterim
protectionmeasuresintheAmazon,FairmountandSouthUniversityneighborhoodstoprohibit
certaindwellingtypesandlanddivisions,andlimitcertainusesuntilmorecomprehensiveplanningof
theseareascanbecompleted.
AspartofEnvisionEugene,thecityiscommittedtocompletingareaplanningfortheuniversity
neighborhoods,includingconsiderationofspecificdesignstandardsforhousingtoaddressimpacts
frombeingproximatetotheUniversityofOregon.However,thisworkisnotslatedtobeginuntil
followingthelocaladoptionofEnvisionEugene,meaningthatanadoptedUniversityAreaPlanis
likelytwotothreeyearsaway.Protectionmeasuresintheformofcodeamendmentsareintended
tolimitfurthernegativeimpactsuntiltheareaplanningprocessiscompleted.Thesemeasuresfocus
ontheR1zonedareasintheSouthUniversity,FairmountandAmazonneighborhoods,whichhave
experiencedasubstantialincreaseinunintendedhousingassociatedwiththedemandforstudent
housingclosetocampus.Theseinterimmeasuresareintendedtobereplacedbyamore
comprehensivesetofdevelopmentanddesignstandardsestablishedaspartoftheareaplanning
effort.
LandUseCodeAmendments(CA131)
EugeneCodeSection9.8065requiresthatthefollowingapprovalcriteria(inbolditalics)beappliedto
acodeamendment:
(1)TheamendmentisconsistentwithapplicablestatewideplanninggoalsadoptedbytheLand
ConservationandDevelopmentCommission.
opportunity
Goal1CitizenInvolvement.Todevelopacitizeninvolvementprogramthatinsuresthe
forcitizenstobeinvolvedinallphasesoftheplanningprocess.
TheCityhasacknowledgedprovisionsforcitizeninvolvementwhichinsuretheopportunityfor
citizenstobeinvolvedinallphasesoftheplanningprocessandsetoutrequirementsforsuch
involvement.Theamendmentsdonotamendthecitizeninvolvementprogram.Theprocessfor
adoptingtheseamendmentscompliedwithGoal1becauseitisconsistentwiththecitizen
involvementprovisions.
Theconceptsfortheseprotectionmeasuresarearesultofnumerousconversationsandprocesses
heldoverthepastseveralyears,includingEnvisionEugene,theNeighborhoodLivabilityWorking
Group,InfillCompatibilityStandardsprojectandothercodeamendmentprocesses,relatingtothe
intensedevelopmentpressurescurrentlyexperiencedinthesinglefamilyneighborhoodssurrounding
theuniversity.
Findings1
Exhibit C
Priortothestartoftheformaladoptionprocess,thecodeconceptsweresentoutforbroadpublic
feedbacktoover120individualsthatareinterestedinthetopicorinvolvedinagrouporprofession
associatedwithneighborhoodlivabilityandinfill,includingneighborhoodleadersandadvocates,
owners,architects,designersanddevelopers,InfillCompatibilityStandardsTaskTeam,and
property
theHomeƵŝůĚĞƌ͛ƐAssociation.Otherengagementandinformationopportunitiesincludedanopen
houseinJune2013,anopeninvitationtoneighborhoodleadersandotherinterestedpartiestomeet
abouttheamendments,andtheestablishmentofaprojectwebpagefortheSingleFamilyCode
Amendments.
ThePlanningŽŵŵŝƐƐŝŽŶ͛ƐSeptember2013publichearingwasdulynoticedtoallneighborhood
organizations,communitygroupsandindividualswhohaverequestednotice,aswellastotheCityof
SpringfieldandLaneCounty.Inaddition,noticeofthepublichearingwasalsopublishedinthe
RegisterGuard.TheCityCouncilheldadulynoticedpublichearinginNovember2013toconsider
approval,modification,ordenialofthecodeamendments.Theseprocessesaffordample
opportunityforcitizeninvolvementconsistentwithGoal1.Therefore,theproposedordinanceis
consistentwithStatewidePlanningGoal1.
Goal2LandUsePlanning.Toestablishalanduseplanningprocessandpolicyframeworkasabasis
foralldecisionsandactionsrelatedtouseoflandandtoassureanadequatefactualbasisforsuch
decisionsandactions.
TheEugenelandusecodespecifiestheprocedureandcriteriathatwereusedinconsideringthese
amendments.Therecordshowsthatthereisanadequatefactualbasefortheamendments.The
Goal2coordinationrequirementismetwhentheCityengagesinanexchange,orinvitessuchan
exchange,betweentheCityandanyaffectedgovernmentalunitandwhentheCityusesthe
Goal2
informationobtainedintheexchangetobalancetheneedsofthecitizens.Tocomplywiththe
coordinationrequirement,theCityengagedinanexchangeaboutthesubjectoftheseamendments
withalloftheaffectedgovernmentalunits.Specifically,theCityprovidednoticeoftheproposed
actionandopportunitytocommenttoLaneCounty,SpringfieldandtheDepartmentofLand
exceptionstoStatewidePlanningGoal2requiredfor
ConservationandDevelopment.Thereareno
theseamendments.Therefore,theamendmentsareconsistentwithStatewidePlanningGoal2.
Goal3AgriculturalLands.Topreserveagriculturallands.
Theamendmentsareforpropertylocatedwithintheurbangrowthboundaryanddonotaffectany
landdesignatedforagriculturaluse.Therefore,StatewidePlanningGoal3doesnotapply.
Goal4ForestLands.Toconserveforestlands.
Theamendmentsareforpropertylocatedwithintheurbangrowthboundaryanddonotaffectany
landdesignatedforforestuse.Therefore,StatewidePlanningGoal4doesnotapply.
Goal5OpenSpaces,ScenicandHistoricAreas,andNaturalResources.Toconserveopenspaceand
protectnaturalandscenicresources.
OAR6600230250(3)provides:LocalgovernmentsarenotrequiredtoapplyGoal5inconsideration
Findings2
Exhibit C
ofaPAPAunlessthePAPAaffectsaGoal5resource.Forpurposesofthissection,aPAPAwouldaffect
aGoal5resourceonlyif:
(a)ThePAPAcreatesoramendsaresourcelistoraportionofanacknowledgedplanorlanduse
ordertoprotectasignificantGoal5resourceortoaddressspecific
regulationadoptedin
requirementsofGoal5;
(b)ThePAPAallowsnewusesthatcouldbeconflictinguseswithaparticularsignificantGoal5
resourcesiteonanacknowledgedresourcelist;or
(c)ThePAPAamendsanacknowledgedUGBandfactualinformationissubmitteddemonstrating
thataresourcesite,ortheimpactareasofsuchasite,isincludedintheamendedUGBarea.
TheseamendmentsdonotcreateoramendtheŝƚLJ͛ƐlistofGoal5resources,donotamendacode
provisionadoptedinordertoprotectasignificantGoal5resourceortoaddressspecific
requirementsofGoal5,donotallownewusesthatcouldbeconflictinguseswithasignificantGoal5
resourcesiteanddonotamendtheacknowledgedurbangrowthboundary.Therefore,Statewide
PlanningGoal5doesnotapply.
Goal6Air,WaterandlandResourceQuality.Tomaintainandimprovethequalityoftheair,water
andlandresourcesofthestate.
Goal6addresseswasteandprocessdischargesfromdevelopment,andisaimedatprotectingair,
waterandlandfromimpactsfromthosedischarges.TheamendmentstonotaffecttheŝƚLJ͛Ɛability
toprovideforcleanair,waterorlandresources.Therefore,StatewidePlanningGoal6doesnot
apply.
Goal7AreasSubjecttoNaturalDisastersandHazards.Toprotectlifeandpropertyfromnatural
disastersandhazards.
Goal7requiresthatlocalgovernmentplanningprogramsincludeprovisionstoprotectpeopleand
propertyfromnaturalhazardssuchasfloods,landslides,earthquakesandrelatedhazards,tsunamis
andwildfires.TheGoalprohibitsadevelopmentinnaturalhazardareaswithoutappropriate
ŝƚLJ͛Ɛrestrictionsondevelopmentinareassubjectto
safeguards.Theamendmentsdonotaffectthe
naturaldisastersandhazards.Further,theamendmentsdonotallowfornewdevelopmentthat
couldresultinanaturalhazard.Therefore,StatewidePlanningGoal7doesnotapply.
Goal8RecreationalNeeds.Tosatisfytherecreationalneedsofthecitizensofthestateandvisitors,
andwhereappropriate,toprovideforthesitingofnecessaryrecreationalfacilitiesincluding
destinationresorts.
Goal8ensurestheprovisionofrecreationalfacilitiestoOregoncitizensandisprimarilyconcerned
withtheprovisionofthosefacilitiesinnonurbanareasofthestate.Theamendmentsdonotaffect
theŝƚLJ͛Ɛprovisionsfororaccesstorecreationareas,facilitiesorrecreationalopportunities.
Therefore,StatewidePlanningGoal8doesnotapply.
Goal9EconomicDevelopment.Toprovideadequateopportunitiesthroughoutthestateforavariety
ofeconomicactivitiesvitaltothehealth,welfare,andprosperityofKƌĞŐŽŶ͛Ɛcitizens.
Findings3
Exhibit C
Goal9requirescitiestoevaluatethesupplyanddemandofcommerciallandrelativetocommunity
economicobjectives.TheEugeneCommercialLandsStudy(1992)wasadoptedbytheCityofEugene
asarefinementoftheMetroPlan,andcomplieswiththerequirementsofGoal9andthe
correspondingAdministrativeRule.Astheamendmentsarespecifictoresidentialdevelopment
standardsintheR1LowDensityResidentialzone,whichimplementsthelowdensityresidential
MetroPlandesignation,theamendmentsdonotimpactthesupplyofindustrialorcommerciallands.
Therefore,theamendmentsareconsistentwithStatewidePlanningGoal9.
Goal10Housing.Toprovideforthehousingneedsofcitizensofthestate.
Goal10requirescommunitiestoprovideanadequatesupplyofresidentialbuildablelandto
accommodateestimatedhousingneedsfora20yearplanningperiod.TheResidentialLandsStudy
(1999)wasadoptedbytheCityofEugeneasarefinementoftheMetroPlan,andcomplieswiththe
requirementsofGoal10andthecorrespondingAdministrativeRule.AccordingtotheResidential
LandsStudy,thereissufficientbuildableresidentiallandtomeettheidentifiedlandneed.
Theproposedamendmentsdonotimpactthesupplyofresidentialbuildableland.Nolandisbeing
redesignatedfromresidentialusetoanonresidentialuse,andtheamendmentsdonototherwise
diminishthelandsavailableforresidentialuse.Theproposedchangescouldpotentiallydecreasethe
numberofresidentialunitsthatcanbeaccommodatedoncertainparcelsofresidentiallydesignated
land.However,itisprojectedthatthechangescouldresultinonly22fewerhomesbeingbuilt.The
existingsurplusofresidentialland,basedonvariousactionsEugeneandSpringfieldhavetakento
decreasetheamountofacreage(approximately1250to178acres,consideringaloworhighdemand
assumption),issufficienttoaccommodatethepossible22displaceddwellings.
thesupplyoravailabilityofresidentiallands
Basedontheabove,theamendmentsdonotimpact
includedinthedocumentedsupplyof͞ďƵŝůĚĂďůĞůĂŶĚ͟thatisavailableforresidentialdevelopment
asinventoriedintheacknowledgedResidentialLandsStudy.Therefore,theamendmentsare
consistentwithStatewidePlanningGoal10.
timely,orderlyandefficientarrangement
Goal11PublicFacilitiesandServices.Toplananddevelopa
ofpublicfacilitiesandservicestoserveasaframeworkforurbanandruraldevelopment.
TheamendmentsdonotaffecttheŝƚLJ͛Ɛprovisionofpublicfacilitiesandservices.Therefore,
StatewidePlanningGoal11doesnotapply.
Goal12Transportation.Toprovideandencourageasafe,convenientandeconomictransportation
system.
TheTransportationPlanningRule(OAR6600120060)containsthefollowingrequirement:
(1)Ifanamendmenttoafunctionalplan,anacknowledgedcomprehensiveplan,oralanduse
regulation(includingazoningmap)wouldsignificantlyaffectanexistingorplanned
transportationfacility,thenthelocalgovernmentmustputinplacemeasuresasprovidedin
section(2)ofthisrule,unlesstheamendmentisallowedundersection(3),(9)or(10)ofthisrule.
Aplanorlanduseregulationamendmentsignificantlyaffectsatransportationfacilityifit
Findings4
Exhibit C
would:
(a)Changethefunctionalclassificationofanexistingorplannedtransportationfacility
(exclusiveofcorrectionofmaperrorsinanadoptedplan);
(b)Changestandardsimplementingafunctionalclassificationsystem;or
(c)Resultinanyoftheeffectslistedinparagraphs(A)through(C)ofthissubsectionbasedon
projectedconditionsmeasuredattheendoftheplanningperiodidentifiedintheadopted
TSP.Aspartofevaluatingprojectedconditions,theamountoftrafficprojectedtobe
generatedwithintheareaoftheamendmentmaybereducediftheamendmentincludes
anenforceable,ongoingrequirementthatwoulddemonstrablylimittrafficgeneration,
including,butnotlimitedto,transportationdemandmanagement.Thisreductionmay
diminishorcompletelyeliminatethesignificanteffectoftheamendment.
(A)Typesorlevelsoftraveloraccessthatareinconsistentwiththefunctionalclassification
ofanexistingorplannedtransportationfacility;
(B)Degradetheperformanceofanexistingorplannedtransportationfacilitysuchthatit
wouldnotmeettheperformancestandardsidentifiedintheTSPorcomprehensive
plan;or
(C)Degradetheperformanceofanexistingorplannedtransportationfacilitythatis
otherwiseprojectedtonotmeettheperformancestandardsidentifiedintheTSPor
comprehensiveplan.
Theproposedamendmentsdonotchangethefunctionalclassificationofatransportationfacilityor
changethestandardsimplementingafunctionalclassificationsystem.Therefore,theamendments
donothaveasignificanteffectunder(a)or(b).Inregardsto(c),thelevelofresidentialand
developmentcurrentlypermittedthroughexistingcodeandzoningregulationswillbereducedbyup
to22dwellingsasaresultoftheseamendments,andthuswillnotresultinthedegradationofany
transportationfacility.Therefore,theamendmentsdonotsignificantlyaffectanyexistingorfuture
consistentwithStatewide
transportationfacilities.Basedontheabovefindings,theamendmentis
PlanningGoal12.
Goal13EnergyConservation.Toconserveenergy.
Theamendmentsdonotimpactenergyconservation.Therefore,StatewidePlanningGoal13does
notapply.
Goal14Urbanization.Toprovideforanorderlyandefficienttransitionfromruraltourbanlanduse.
TheamendmentsdonotaffecttheŝƚLJ͛Ɛprovisionsregardingthetransitionoflandfromruralto
urbanuses.Therefore,StatewidePlanningGoal14doesnotapply.
Goal15WillametteRiverGreenway.Toprotect,conserve,enhanceandmaintainthenatural,scenic,
historical,agricultural,economicandrecreationalqualitiesoflandsalongtheWillametteRiverasthe
WillametteRiverGreenway.
TheamendmentsdonotcontainanychangesthataffecttheWillametteRiverGreenwayregulations,
therefore,StatewidePlanningGoal15doesnotapply.
Findings5
Exhibit C
Goal16through19EstuarineResources,CoastalShorelands,BeachesandDunes,andOcean
Resources.
Therearenocoastal,ocean,estuarine,orbeachandduneresourcesrelatedtothepropertyeffected
bytheseamendments.Therefore,thesegoalsarenotrelevantandtheamendmentswillnotaffect
compliancewithStatewidePlanningGoals16through19.
(2)TheamendmentisconsistentwithapplicableprovisionsoftheMetroPlanandapplicable
adoptedrefinementplans.
ApplicableMetroPlanPolicies
ThefollowingpoliciesfromtheMetroPlan(identifiedbelowinitalics)areapplicabletothese
amendments.Totheextentthatthefollowingpoliciesconstitutemandatoryapprovalcriteria,based
onthefindingsprovidedbelow,theamendmentsareconsistentwithandsupportedbythe
applicableprovisionsoftheMetroPlan.
ExistingHousingSupplyandNeighborhoodsPolicies
A.25ConservethemetropolitanĂƌĞĂ͛Ɛsupplyofexistingaffordablehousingandincrease
thestabilityandqualityofolderresidentialneighborhoods,throughmeasuressuchas
revitalization;codeenforcement;appropriatezoning;rehabilitationprograms;
relocationofexistingstructures;trafficcalming;parkingrequirements;orpublicsafety
considerations.Theseactionsshouldsupportplanneddensitiesintheseareas.
A.26Pursuestrategiesthatencouragerehabilitationofexistinghousingandneighborhoods.
Consistentwiththesepolicies,theintentoftheUniversityareainterimprotectionmeasuresisto
conservethesupplyofexistingaffordablehousingintheAmazon,FairmountandSouthUniversity
increasethestabilityinthesethreeneighborhoods,whichhave
neighborhoods,aswellas
experiencedanincreaseinunintendedhousingdevelopmentassociatedwiththedemandforstudent
housingandtheproximityoftheUniversityofOregon.Thetypeofdevelopmentexperienced
family
recentlyintheseareas,includingremodelstoincreasethenumberofbedroomsinsingle
homes,aswellastheconstructionofsinglefamilyhomeswithfiveormorebedrooms,isgeared
towardsstudents.Assuch,thesehomesarenolongerviableoptionsintermsofaffordabilityor
functionalityforotherpopulations.Theproliferationofhighoccupancystudenthousingandlossofa
varietyofhousingtypesiscausinginstability.Theinterimprotectionmeasuresareintendedtolimit
thistypeofdevelopmentandstabilizetheneighborhoodsuntilmorecomprehensiveplanningcanbe
completed.
ApplicableRefinementPlans
TheUniversityareaprotectionmeasuresfallwithintheareascoveredbytheFairmount/UofO
SpecialAreaStudy(1982),the19thandAgateSpecialAreaStudy(1988)andtheSouthHillsStudy
(1974).Norelevantpolicieswerefoundinthe19thandAgateSpecialAreaStudyortheSouthHills
Study.Findingsaddressingrelevantprovisionsofapplicablerefinementplansareprovidedbelow.
Findings6
Exhibit C
Fairmount/UofOSpecialAreaStudy(1982)
Althoughtherearenopoliciesinthisrefinementplanthatdirectlyaddresstheamendmentsor
constitutemandatoryapprovalcriteria,thebelowtextfromtheLandUseDiagramTextoftheplanis
relevanttotheUniversityareainterimprotectionmeasures,astheyrelatetotheFairmount
neighborhood.AstheseamendmentsapplywithintheLowDensityResidentialarea,andare
intendedtopreserveandmaintaintheexistingsinglefamilycharacter,theyareconsistentwith,and
supportedbythistext.
LowDensityResidential
Thisareagenerallyencompassesthesouthandeastportionsofthespecialstudyarea.Thisarea
istoremaininlowdensityresidentialusewithemphasisonpreservingandmaintainingthesingle
familycharacterwhichcurrentlyexists.
Basedontheabovefindings,theproposalisconsistentwithandsupportedbytheapplicable
provisionsoftheseadoptedplans.
(3)TheamendmentisconsistentwithEC9.3020CriteriaforEstablishmentofanSSpecialArea
Zone,inthecaseofestablishmentofaspecialareazone.
Theamendmentsdonotestablishaspecialareazone.Therefore,thiscriteriondoesnotapplyto
theseamendments.
Findings7