HomeMy WebLinkAboutOrdinance No. 20001ORDINANCE ND. 20401
AN ORDINANCE CONCERNING CONTROLLED INCOME AND RENT
HOUSING; AND AMENDING SECTIONS 9.015, 9.384, 9.386,
9.510, AND 9.124 OF THE EUGENE CODE, 1911.
THE CITY OF EUGENE DOES ORDAIN A5 FOLLOWS:
Section 1. The definition of "Controlled income and rent housing" set
forth in Section 9.015 of the Eugene Code, 1971, is amended, and a new definition
of "Block group" is added in alphabetical order therein, to provide:
9.015 Definitions. As used in this chapter, unless the context requires
otherwise, the following words and phrases mean:
Block group, A cluster of individual blocks which are
subdi vi si ans of the census tracts established by the. Census Bureau
i~b 1980 .
Contra a ~nco
__ , ,'„ , me„„,,,,end rent housi,ng. A housing project, or
that portion of a 1 ar~g~er project, cansi sti ng of any dwel 1 i ng type or
types exclusively far low-income individuals and/ar families,
sponsored by a publ is agency, anon-profit housing sponsor, a
level oper, a combi nati on of the foregoing, or other alternatives as
provided for in the Oregon Revised Statutes or Federal Statutes to
undertake, construct, or operate housing for households that are 1 ow
income. For the purposes of this definition, low-income means
having income at ar below 80 percent of the area median income.
Section 2, The matrix set forth i n Section 9.384 of the Eugene Code, 1911,
for "Dwellings -Controlled incame and rent" is amended to provide:
9.384 .Uses . The fol l~awi ng reflects the uses permitted outright,
conditionally, `~or subject to standards or other requirements of this
code within the RA, R-1, R-2, R-3, and R-4 zoning districts:
P .............. Permitted outright.
C .............. Canditiona1 use permit approval required.
P/C ........... , Permitted or conditional See ref ated standard.
Std ............ In addition to other applicable regulations, section
9.386 includes speci a1 standards for the use 1 i steel.
Dwe11 i ngs
RA R1 R~ R3 R4
Control 1 eel incame & rent haus i ng
with increased density ~5td 13 ~ ..... P/C P/C P/C
Ordinance - 1
Section 3. Subsection X13} of Section 9.356 of the Eugene Code, 1911, is
amended to provide:
9.356 S ecial Standards For Certain Uses In Residential Districts.
housing
Where an
section
required.
X13} Controlled Income and Rent Housin : Increased-density CIR
~s permitted:
. ~a} As a pl anned unit development under the standards and
procedures in section 9.510; or
fib} As a conditional use under the standards and procedures
~ n sect ~ on 9.724 .
application is processed under section 9.124, the provisions of that
are exclusive and approval under sections 9,1a2 and 9.510 is not
Section 4. Subsections ~6} and ~1} ~a}4. of Section 9.510 of the Eugene
Code, 1911, are amended to provide:
9.510 General Provisions.
~6} Densit . Dwelling unit densities for residential planned unit
developments shall be consistent with section 9.456 Residential Net Density,
except that for residents a1 planned unit developments i n the RA and R• 1
districts, density shall not exceed.ten dwell i ng units per acre. Notwithstanding
the prev~ ous sentence, dens ~ ty units far CIR projects authorized by sections
9.354 and 9.3.5613} shall not exceed lsmits in subsection ~1}~a}4. of this
section .
~ a} A roved Densit . The number of dwell i ng units allowed
shall be determs ned i n connection with tentative p1 ans and i n
accordance with the standards set forth i n this ordinance.
~ b} Easement Calculations . Density calculations may i ncl ude
areas ~ n easements ~ f the appl ~ cant clearly demonstrates that those
areas wi 1 i benefit residents of the proposed planned un i t
development.
~c} Dedications. Density calculations may include areas
dedicated to ,the public for recreation or open space upon an
of f ~ rmat ~ ve f ~ nd~ ng that the space meets the requirements e1 sewhere
i n this sects an pertaining to usable outdoor 1 i vi ng area,
d Cumu1 ate ve
~ } _.,. , _ ' ,,,,,,,, Dens i tv. When approved i n phases, cumulative
i.rmr..w~
density shall not exceed the overall density per acre established at
the time of tentative plan approval.
~ 1 } Bui l d s n„gs and U„ses_ Permitted. Bui 1 di ngs and Uses i n planned
unit developments are permlltted as foll~lows;
~a}~ AG, RA, R-1, R-Z, R-3, and R-4 zones;
4. Dwel 1 i ngs, s i ng1 a and multiple family, For
control 1 ed i ncorne and rent housing, the hearings official may
increase the density al 1 owed i n the RA and R-1 zan i ng
districts up to 15 percent of the maximum al 1 owabl a density
for an R-2 planned unit development and may increase the
Ordinance - 2
density allowed i n the R-2 zoning district up to 15 percent of
the maxi mum al l~owabl a density for an R-3 planned un i t
level apment, subject only to section 9.1242} ~c} .
Section 5. Section 9.124 of the Eugene Code, I91I, is amended to provide:
9.124 Conditional Use Permits for Controlled Income and Rent Housin .
~ } _ ., ,increased density. Subject to the standards
1 A11 owance of ~~~~ „~~,~,~...~,~ ,.~,~~,~„~..,~..
contained i n th i s section, the hearings off i ci a1 may increase density as fol 1 ows:
~ a} In RA and R-1 zoning districts, up to 15 percent of the
al 1 owabl a density for an R-2 development;
fib} In R-2 zoning districts, up to 15 percent. of the maximum
al l awabl a density for an R-3 development;
~c} In PL zoning districts, up to 150 percent of the density
otherwise permitted for that property zoned PL, but not to exceed 30
units per acre.
~ 2 } Criteria for heari n s of f i ci al a royal . Applications for
condi ti ona1 use permits for controlled income and rent housing shal 1 be processed
and scheduled for public hearings i n the same manner as other conditional use
permit .applications, except the following shall substitute far the required
criteria listed in section 9.702:
~a} Public foci 1 i ti es and services are avai 1 abl a to the
site. If the public services and facilities are not currently
available, an affirmative finding may be made if the evidence
indicates that they wi 11 be avai 1 abl a prior to need by reason of
1. Prior commitment of public funds ar planning by
the appropriate agencies, yr
2. A commi tment by the app1 i cant to provide private
services and foci 1 i ti es acceptable to the appropriate publ i c
agencies, ar
3. Commitment by the applicant to provide for
offsetting all added public costs or early commitment of
public funds made necessary by the development.
fib} The prapOSed project is designed to;
I. Avoid unnecessary removal of attractive natural
vegetation;
2. Provide setbacks ar screening as necessary when
possible and practical to ensure privacy to adjacent outdoor
1 i vi ng areas; and
3. Provide safe and usable parking, circulation, and
outdoor ] i vi ng areas as well as ingress and egress.
~c} The increase i n density at the proposed 1 ocati on wi 11
not result i n a bl ock group i n which family-occupied units i n
subsidized housing house 20 percent or more of the total number of
f ami 1 i es within that block group; or a bl ock group i n which mare
than 50 percent of all families residing within that block group
have incomes at 50 percent of median income or below, as shown on
Figure 32.
~3 } Parkin and , outdoor 1 i vi n re u i rements . Outdoor living and
parking requ ~ rements may be adU usted by the heari ngs official to f i t demonstrated
demand i n s i mi 1 ar projects with apprapri ate safeguards for pass i b1 a changes i n
occupancy.
Ordinance - 3
~4} Contract. The conditions and design requirements established
by the hearings off i ci a1 for each control 1 ed income and rent housing development
shall be ~ ncorporated ~ n a contract between the city and the sponsor.
~5} A eats. The ,applicant, or any interested party, may appeal
the dec ~ s ~ on of the hears ngs off ~ c~ al ~ n the same manner as appeals from actions
of the hearings official for other conditional use permits.
Section G. The findings attached as Exhibit A hereto and incorporated
herein by reference are adopted i n support of this Ordi Hance.
Section 1. The City Recorder, at the request of, or with the concurrence
of the City Attorney, is authorized to administratively correct any reference
errors contained herein or i n other pravi sions of the Eugene Code, 1971, to the
provisions added, amended ar repealed herein .
Passed by the City Council this
fith day of March, 1995
~-- 'Ov ~ '
City Record
Approved by the Mayor this
Gth day of March, 1995
r
Mayor
Ordinance - 4
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LEGEND
-~---~ Census Yract Boundary
Block Group Boundary
city t_~m;t tine
«~-~... t:D Boundary
:: ti•::::c•:~:.
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_.:Y.::..... Non-priority areas far new
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0 200 4.0(}fl
EUGENE CENSUS TF~ACTS and BLOCK GROUPS fg84 Census ~ S~a~e ~ le~~ ~ b/90
EXHIBIT A
FEWDINGS AND CGNCLUSIONS GF THE EUGENE CITY CGUNCIL
.,
RE: Controlled Income and Rent Housing Code Amendments tCA 93-3}
Back ound
On October 27, 1993, at the request of the City Council, the staff presented to the Ci
. tY
Council options for amending the City's Controlled Income and Rent CIR} regulations for
housing projects with density banns. This request was a result of a review by the Housin
g
Policy Board of a Land Use Board of Appeals ~LUBA} remand of the City's decision to
grant conditional approval of a CIR project in the Willakenzie area, the Orchards. The
LUBA remand resulted in the project not going forward because of code language flaws in
the current CIR code provisions, The Housing Policy Board, as well as the developer of the
Orchards project, Housing Authority and Community Services Agency ~HACSA} of Lane
County, felt that a review of the zoning provisions dealing with CIR housing was recess
~y
to address the issues rased by LUBA. The council approved a motion to make review of the
CTR code provisions astand-alone project and to add to the Planning Commission's work
program the CIR Code Amendment Project. This issue is in direct response to one of the
City Council Goals, Housing, which states in part "Increase the supply of low-income
housing throughout Eugene ... "
On February 22, 1984, the Planning Commission held a public hearing on a draft code
amendment to deal with the remand issues in order that future CIR housing projects can
proceed in an orderly., and ~ timely fashion. Notice of the hearing was provided in accordance
with Chapter 9 Amendment Procedures, Eugene Code Section 9.1134. Following the
hearing, the Planning Commission President tabled the item and asked staff to work with the
City Attorney's Office, HACSA and other housing professionals in order to refine the code
amendments previously drafted in response to public testimony and Planning Commission
discussion and input.
The Planning Commission met on January to and February ~, 1995, to review and discuss
revised draft code amendments. Based on further discussion and additional input from the
City Attorney's Office, the Planning Commission made further refinements to the draft and
voted unaminously to recommend the ordinance for council's consideration. The changes to
the CIR provisions of the City Code as recommended by the Planning Commission are
generally as follows: 1} addresses the issues raised in the Orchards LUBA appeal by
requiring that public services are "available" rather than "adequate, " which is consistent
with how other housing developments are evaluated; 2} Provides for the full density allowed
by the Metro Plan by eliminating the PUD density point ~bedroam count} system; 3} Allows
for density bonus in the R-2 and PL zones as well as the low-density zones; and 4}
Eliminates approval criteria that are not clear and objective.
FINDINGS - - 1
Qn March ~, I995, The City Council held a public hearing on the Planning Commission's
recommendation concerning CIR housing code amendments. Notice of the hearing was
provided ~ in accordance with Chapter ~, Amendment Procedures, Eugene Code Section
9.1I36. Gn that date, the City Council considered the public testimony, the Planting
Commission's record, and materials and information provided to the City Council. The City
Council approved a motion to adapt the ordinance as recommended by the Planning
Commission.
~ndin s
The Eugene City Council hereby makes the following findings that the ordinance concerning
Controlled Income and Rent Housing is consistent with adopted plans, policies, and
standards .
The regulation of controlled income and rent with density increase is provided in order to
encourage the construction of more pausing far families and individuals who cannot get
decent, safe, and sanitary shelter in the open market for 30 percent of gross family income,
and whose incomes are limited to at ar below SO percent of the area median income. The
need to make special provision for low and moderate income housing has been recognized by
the city in the following policy documents:
a _ _ u ene s ommuru Goals and Pol~c,._
~ } g __ _ _ ' - ,,,, „~t~.",.,,,,,,,,,,,.,,.. . , ies states that the city should be
receptive to specialized housing needs and adopt zoning in recognition of those
needs.
fib} The Ci 's 1990 Interim Housin Dis ersal Polic Plan reaffirms the city's
concern for tie provision and dispersal of low and moderate income housing by
citing the following goal statements:
To maximize housing choice, particularly for families of low-income, who
have traditionally been limited in the location of housing they could afford.
To discourage the creation of large areas characterized by households with
low-incomes.
To encourage the creation of additional housing resources for low~income
families
~c} The_Metropol~~an Area General,,,, Plan includes a specific finding relative to the
problem of maintaining an adequate supply of housing for low and moderate-income
households, an objective calling for encouragement and support of housing for
Iow-moderate income households, and policies calling for regulations that encourage
a variety of housing densities and types. The specific citations, found in the
Residential Land Use and Housing Element of the Metro Plan are as follows:
FINDINGS - - 2
Findin lo. Between 1979 and 1954, real housing costs rose relatively more rapidly
than household incomes. For example, in 1979, b2 percent of
metropolitan households paid 25 percent or more for housing. By
1954, b7 percent of those households paid 25 percent or more for
housing. There continues to be an inadequate number of lower cost
units in the metropolitan area for low-income households.
Objective 9. Encourage and support development of housing units for low- and
moderate-income households.
Polic 5. Establish specific density ranges within zoning ordinances that are
consistent with the broad density categories of this plan. Translation to
an equivalent of persons per acre corresponding to the density
categories in this plan may be substituted for dwelling units per acre by
local governments. Eugene and Springfield shall establish standards for
allowing a waiver of the specific density ranges in this plan to increase
the supply of low- and moderately-priced housing.
a. Low density--Through ten dwelling units per gross acre.
b. Medium density--Over ten dwelling units per grass acre.
c. High density--Over 20 dwelling units per gross acre.
Palic S. Continue to encourage the dispersal of housing for all income groups.
Polic 22. Develop economic incentives, such as density bonuses, far builders and
.developers who provide amenities or specialized housing that benefit
the metropolitan area, such as housing fvr low- and moderate- income
households.
Conclusion
In order to achieve the housing goals of the city concerning the provision and dispersal of
low-income housing, it is necessary to establish zoning procedures that will implement those
policies by allowing an increase in density for such housing which is necessitated by local
land costs and the fact that the high cost of land precludes the use of most Land already zoned
to higher density. The code amendments refine the existing standards and procedures for
CIR housing with density increase to address deficiencies in the existing standards that
prevent the timely and orderly development of such needed housing. Based on the above
findings, and in accordance with the statewide housing goal and the requirement of ORS
197.3o7~b} that "any approval standards, special conditions and the procedures for approval
adopted by a local government shall not have the effect, either in themselves or cumulatively,
of discouraging needed housing through unreasonable cost or delay," it is hereby determined
that the standards and procedures adopted as part of this ordinance fully implement all
applicable plans and adopted policies.
FINDINGS - - 3