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HomeMy WebLinkAboutOrdinance No. 20035ORDINANCE ND . 20035 AN ORDINANCE CONCERNING CONTROLLED INCOME AND RENT HOUSINGS AND AMENDING SECTIONS 9.015 AND 9.724 OF THE EUGENE CODE, 1971. THE CITY OF EUGENE DOES ORDAIN AS FOLLO~IS: Section 1. The definition of "Block group" set forth i n Section 9.015 of the Eugene Code , 1971, i s hereby deleted . Section 2. Subsection (2)(c) of Section 9.724 of the Eugene Code, 1971, i s amended to provide 9.724 Conditional Use Permits for Controlled Income and Rent Housing. X27 Criteria for heari n s offi ci a1 a royal . App1 i cati ons for conditional use permits for controlled income and rent housing shall be processed and scheduled for public hearings i n the same manner as other conditional use permit applications , except the following sha11 substitute for the required criteria listed i n section 9.742 (c) The increase in density shall not be permitted in areas that are unavailable for controlled income and rent (CIR) housing with increased density. Areas that are unavailable for increased density are shown on Figure 32 as shaded areas. Those areas not shaded on Figure 32 are available for CIR housing with increased density. Section 3. The findings attached as Exhibit A hereto and incorporated herein by reference are adopted i n support of this Ordinance. Based an these findings, and in accordance with the statewide housing goal and the requirement of ORS 197 , 307 ~ 6 ~ that "any approval standards , speci a1 conditions and the procedures for approval adopted by a local government shall not have the effect, Ordinance - 1 either i n themselves or cumulatively, of discouraging needed housing through unreasonable cost or delay," is it hereby determined that the standards and procedures adopted as part of this ordi Hance fu11y implement all applicable plans and policies. Section 4 , The City Recorder , at the request of , or with the concurrence of the City Attorney, i s authorized to administratively correct any reference errors contained herein or i n other provi si ans of the Eugene Code, 1971, to the provisions added , amended or repealed herein . Passed by the City Counci 1 thi s 24th day of January, 1996 1~.. /l ~' City Recor er Approved by the Mayor this 24th day of January, 1996 Mayor ordinance - ~ EXHIBIT A FINDINGS AND CONCLUSION OF THE EU ENE CITY COUNCIL RE: Controlled Income and Rent Housing Code Amendments (CA 95-1) Background 4n October 27, 1993, at the request of the City Council, the staff presented to the City Council options for amending the City's Controlled Income and Rent ~CIR.} regulations for housing projects with density bonus. This request was a result of a review by the Housing 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. 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 necessary to address the issues raised by LUBA. The council approved a motion to add to the Planning Commission's work program the CIR Code Amendment Project. This issue was indirect response to one of the 1994 City Council Goals, Housing, which states in part "Increase the supply of low-income housing throughout Eugene ... " Following review by the Planning Commission, the City Council held a public hearing and adopted Ordinance No. 20001 on March 6, 1995, implementing the commission's recommendation. The major components of that code amendment ACA 93-3} included: l}Address the issues raised in the LUBA appeal by requiring that public facilities are "available" rather tb~an. "adequate; 2} provision for the full density allowed by the Metro Plan; 3} allowance for the density banes in the R-2 and PL zones as well as the low-density zones BRA and R 1}; 4} elimination of approval criteria that are not clear and objective; and 5} adding a criterion which referenced the map of non-priority know proposed to be termed "unavailable"} areas from the 1990 Interim Housing Dispersal Policy Plan. The purpose of this criterion was to make it clear that CIR housing with increased density is not permitted innon-priority areas. Immediately fallowing the adoption of CIR code amendments, the City Council added to the Planning Commission's work program an update of the Housing Dispersal Policy Plan using the 1990 census data. The Interim Housing Dispersal Plan used 1980 data. Since the CIR provisions of the City Code reference the, map of non priority areas contained in the dispersal plan, which used outdated census data, a minor code amendment was initiated in conjunction with the Housing Dispersal Plan update to keep the code up-to-date ACA 95-1}. This issue is indirect response to one of the 1995 and 1996 City Council Goals, Housing, which states in part "sustained development of affordable and low-income housing through .. . a review of municipal regulations relating to the creation and maintenance of affordable housing." The Planning Commission held a joint public hearing on both the Housing Dispersal Policy Plan update and CIR code amendments on August H, 1995. Following the public hearing, the Page 1- FIlVDINGS AND CaNCLUSI~NS QF THE EUGENE CITY COUNCIL EXHIBIT A Re; Controlled Income and Rent Housing Code Amendments ACA 95-1} commission held a work session. qn gctober 14, 1995, the commission held a second ublic . p hearing. The P1anYUng Com~m~ss~on held a work session on gctober 31, 1995, for further discussion and action on the CIR code amendments. The initial draft CIR code amendment only involved replacing the map Figure 32 of the code} which is currently based on 1980 census data, with a revised map based on 1994 census data. This map is part of the City's Housing Dispersal Policy Plan which graphically shows areas where subsidized low~income housing is saturated, i.e., census block groups in which subsidized housing units equal 24 percent or more of the total number of housing units within that block group, or a block group in which more than 54 percent of all families residing within that block group have incomes at 54 percent of median income or below. These areas are known as "non- priority" areas under the current dispersal plan, and are proposed to be referred to as "unavailable areas" under the draft plan. The CIR code language existing prior to the adoption of this ordinance} that references this map SEC Section 9.724-~2}-~c}} is one of the approval criteria for CIR housing with increased density and states: The increase in density at the proposed location will not result in a block group in which family-occupied units in subsidized housing house 24 percent or more of the total number of families within that block group; or a block group in which more than 54 percent of all families residing within that block group have incomes at 54 percent of median income or below, as shown on Figure 32. The intent of this criterion, which was adopted as part of the March 6, 1995 CIR code amendments ACA 93-3}, was to prohibit locating CIR, housing projects in a block group which is already concentrated with low-income housing. Those areas are shown as non-priority areas on Figure 32. See City Council Agenda Item Summary CA 93-3 dated March 6, 1995.} The mathematical calculations explained in the criterion were meant to show how the shaded areas on Figure 32 were arrived at. If a proposed CTR project with increased density was located in a shaded area, then the criteria would not be satisfied; if the area was not shaded then the criterion would be satisfied. The reference to the map was intended to provide a clear and objective standard. The use of the words from the above approval criterion-"will not result"--has created a problem and was discussed by the commission as needing clarification. qne possible interpretation of this criterion could be that CIR projects not be located in a black group if the increased density of a pro ject causes a block group to become a saturated block group, This was not the intent. The intent was to prohibit increased density projects in areas that were already saturated; i.e., in areas that are shaded on Figure 32. The commission, with the advice of the City Attorney's gfftce, recommended replacement of the ex lanato mathematical calculation P rY wording with a provision that simply prohibits a CIR project from being located in the shaded areas shown on the revised map Figure 32 of the grdinance}, and allows a CIR project in the other areas of the map which are not shaded. The changes to the CTR provisions of the City Code as recommended by the Planning Commission were as follows: Page 2 - FIlV~DINGS AND CGNCLUSIQNS GF THE EUGENE C~'Y CGUNCIL EXHIBIT A Re: Controlled Income and Rent Housing Code Amendments ACA 95-1} ~ . Definitions -Section 9.0 ~ 5 Elimination of the definition of Block Group since this term is removed from the language in Section 9.724(2)(c) described below and is used nowhere else in the code. 2. A royal Criteria -Section 9.724 2 Change the criterion to require that CIR projects not be permitted in areas that are unavailable for CIR housing with increased density as shown on Figure 32. The revised text makes it clear that areas that are unavailable for increased density are shown in Figure 32 as shaded areas and areas not shaded are available for CIR housing with increased density. The term "unavailable is used in an effort to make the criterion as clear as possible. The amendment eliminates the mathematical calculation from the Housing Dispersal Plan of how an unavailable area is determined, as well as elinunation of the "results in" language. Replace Figure 32 with a new map prepared as part of the updated Housing Dispersal Policy Plan showing the areas that are unavailable for CIR housing with increased density. Fin in The Eugene City Council hereby makes the following findings that the ordinance Page 3 - FIl~IDINGS AND C4NCLUSIaNS OF THE EUGENE CITY CGUNCIL EXHIBIT A Re: Controlled Income and Rent Housing Code Amendments ACA 95-1) 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 housing for families and individuals who cannot afford decent, safe, and sanitary shelter in the open market for 34 percent of gross family income, and whose incomes are limited to at or below 8o percent of the area median income. The need to make special provision far low and moderate income housing has been recognized by the city in the following policy documents: ~a} Eu ene's Communi Gal and P licie states that the city should be receptive to specialized housing needs and adopt zoning in recognition of those needs. fib} The Metropolitan 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 low-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: Findin 14. Between 1979 and 1954, real housing costs rose relatively more rapidly than household Incomes. For example, in 1979, G2 percent of metropolitan households paid 25 percent or more for housing. By 1984, 67 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. b'ective 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 specif c density ranges in this plan to increase the supply of low- and moderately-priced housing. a. Law density-Through ten dwelling units per grass acre. b. Medium density-ever ten dwelling units per gross acre. c. High density-ever 24 dwelling units per gross acre. Po1ic Continue to encourage the dispersal of housing for all income groups. Pol..~~ 22. Develop economic incentives, such as density bonuses, for builders and developers who provide amenities or specialized housing that benefit the metropolitan area, such as housing for low- and moderate- income Page 4 -FINDINGS AND CaNCLUSIUNS OF THE EUGENE CITY COUNCIL EXHIBIT A Re: Controlled Income and Rent Housing Code Amendments ACA 95-1} households. Statewide Planning Goal 10, Housing, and CARS X97.307 require that all permitting standards for needed housing meet the requirements of clarity, objectivity, and efficiency. This ordinance amends the current CIR code provisions to provide that the map, noted as Figure 3~ in the ordinance, is the sole determinant of whether an increase in density allowed by a C1R conditional use permit will be permitted in a particular area. This amendment results in a clear and objective standard, over which there can be no doubt or question as to its meaning. 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 City Council has determined, clearly and unequivocally, that in order to encourage and facilitate the citing of law-income housing in the City, CIR housing will not be subject to procedures and standards required for other types of developments. Where any language of adopted City plans ar policies suggests otherwise, the CIR ordinance takes precedence. 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 4RS 197.307~d} that "any approval standards, special conditions and the procedures far 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. Accordingly, the criteria in EC 9.724 are exclusive, and the conditional use permit procedures set forth therein are controlling. gblgkcitylcir.~n Page 5 - FINDIlWGS AND C4NCLUSYQNS DF THE EUGENE CITY CaUNCIL EXHIBIT A Re: Controlled Income and Rent Housing Code Amendments ACA 95-I} FIGURE 32 AREAS UNAVAILABLE FOR CONTROLLED INCOME & RENT (CIR) HOUSING WITH INCREASED DENSITY (Shown as Shaded Areas) ~~ Boundaries of areas based on Eugene Census Tracts & Block Groups 1990 Census ~ Major Arterials ~ Census Tracts ~` ~ ~ City Limits ~ ~~` ~' ~ Block Groups ~= Census Tract Number ;.Y:ti;::::: Shaded areas are unavailable far CIR housing with increased ;:;.:;: L::ti• density. Areas not shaded are available for CIR housing with increased density. 14.42 t 3 ~ Scale;1inch = 5,DDD feet ~ Prepared by Lane Council of Gavemments & City of Eugene, ~l9fi ~ N w ~ 5