Planning Commission

AGENDA Meeting Location: Sloat Room—Atrium Building Phone: 541‐682‐5481 99 W. 10th Avenue www.eugene‐or.gov/pc Eugene, OR 97401 The Eugene Planning Commission welcomes your interest in these agenda items. Feel free to come and go as you please at any of the meetings. This meeting location is wheelchair‐accessible. For the hearing impaired, FM assistive‐listening devices are available or an interpreter can be provided with 48 hour notice prior to the meeting. Spanish‐language interpretation will also be provided with 48 hour notice. To arrange for these services, contact the Planning Division at 541‐682‐5675. MONDAY MARCH 18, 2019 – REGULAR MEETING (11:30 a.m. to 1:30 p.m.) A. PUBLIC COMMENT The Planning Commission reserves 10 minutes at the beginning of this meeting for public comment. The public may comment on any matter, except for items scheduled for public hearing or public hearing items for which the record has already closed. Generally, the time limit for public comment is three minutes; however, the Planning Commission reserves the option to reduce the time allowed each speaker based on the number of people requesting to speak. B. WORK SESSION: Land Use Code Audit Staff: Jennifer Knapp, jennifer.l.knapp@ci.eugene.or.us , 541‐682‐5445 D. ITEMS FROM COMMISSION AND STAFF 1. Other Items from Staff 2. Other Items from Commission 3. Learning: How are we doing? Commissioners: Steven Baker; John Barofsky; Tiffany Edwards (Vice Chair); Lisa Fragala; Chris Ramey; William Randall; Kristen Taylor (Chair)  AGENDA ITEM SUMMARY March 18, 2019 To: Eugene Planning Commission From: Jennifer Knapp, City of Eugene Planning Division Subject: Land Use Code Audit: Barriers to Housing INTRODUCTION The Housing Tools and Strategies working group process identified an audit of Eugene’s Land Use Code, to identify regulatory and process barriers to the development of housing, as a priority item with high agreement within the group. The City applied for and was awarded a grant for technical assistance from the DLCD. Consultants, Angelo Planning Group, will present an overview of the project scope and methodology developed to analyze the City’s comprehensive plan, land use code, and other land development documents and regulations. BACKGROUND The Envision Eugene Recommendation (2012) includes a commitment to provide housing affordable to all income levels. Eugene has been identified by the State as a priority city because it has a population where at least 25 percent of the renter households are “severely rent-burdened,” spending more than 50 percent of their income on housing and utilities. State funding is allowing Angelo Planning Group to complete a land use code audit to help ensure the code allows, and does not include barriers to, development of housing for all income levels, as identified in the City’s 2017 Housing Needs Analysis. The project will include an audit of the City’s regulations to determine whether the land use code: • Includes criteria or procedures that may hinder housing development; • Contains provisions that could more effectively and efficiently implement statutory requirements related to housing development; and • Contains permitted use lists and development standards that ensure the mix and density of allowed housing can accommodate housing needs as identified in the City’s housing needs analysis. This project will provide analysis and recommendations in support of multiple housing efforts including: Housing Tools and Strategies and future code amendments related to housing. PROJECT SCOPE The audit will provide a detailed assessment of the barriers to development and design issues for accessory dwelling units and "missing middle housing," including small lot detached houses, 1 cottage cluster, plexes, townhouses, row house, courtyard apartments, and other small-scale multi-family up to 20 units. The audit will include both the single-family and multi-family zones, overlays and special area zones to determine whether the comprehensive plan and land use code contains: • Standards, conditions, or procedures that have the effect, either in themselves or cumulatively, of discouraging the development of housing through unreasonable cost or delay; • Provisions that could more effectively and efficiently implement statutory requirements related to housing development; • Criteria or procedures related to application requirements, review, or appeal that may hinder development of housing; and • Permitted use lists and development standards that ensure the mix and density of allowed housing can accommodate housing needs as identified in the housing needs analysis and enable the City to implement the comprehensive plan. The project will also identify changes to the code that are needed to address issues identified in the audit and develop a draft schedule for completing a code update. ACTION REQUESTED The City and the Department of Land Conservation and Development (DLCD) have agreed to have the Planning Commission act as the advisory committee to staff and consultants for this project. The commission’s knowledge of the technical aspects and community input related to the multiple housing initiatives currently underway will provide expertise on the application of the recommendations to ongoing code improvement work. Staff requests that the Planning Commission provide feedback on the methodology of the code analysis presented at today’s meeting. NEXT STEPS Angelo Planning Group will incorporate the feedback from the Planning Commission into a draft code audit that will be reviewed at the April 22, 2019 Planning Commission meeting. ATTACHMENTS A. Presentation Slides B. Housing Tools and Strategies – Framework for Policy Implementation FOR MORE INFORMATION Staff Contact: Jennifer Knapp, Associate Urban Design Planner Telephone: 541.682.5445 Staff E-Mail: JKnapp@ eugene-or.gov 2  Attachment A Land Use Code Audit Planning Commission Meeting March 18, 2019 LAND USE PLANNING TRANSPORTATION PLANNING PROJECT MANAGEMENT  Attachment A Agenda 1. Project scope, purpose and schedule 2. Project approach 3. Missing middle prototypes 4. Example of a barriers assessment 5. Some preliminary findings APG Land Use Code Audit City of Eugene 2  Attachment A DLCD Grant • This project is funded by a grant from the Oregon Department of Land Conservation The fine print… and Development (DLCD). The recommendations and findings are not a final • Grant project must be complete by June determination, legal opinion or 2019. evaluation of these code provisions by DLCD. • Focus is on issues identification… finding solutions will take longer! The recommendations do not have to be adopted by, and are not a final decision of, the City. APG Land Use Code Audit City of Eugene 3  Attachment A Project Purpose and Scope Purpose: Prepare an analysis of the City’s Scope: land use code. Determine whether the code: • Draft Code Audit 1. Includes criteria or procedures that may hinder housing development (barriers) • Final Code Audit with a preliminary code update 2. Could more effectively and efficiently schedule implement statutory requirements • Meetings with staff and 3. Ensures a mix and density of allowed Planning Commission housing to accommodate housing needs APG Land Use Code Audit City of Eugene 4  Attachment A Project Schedule December January February March April May June Draft Code Audit Meetings with staff Meetings with PC Final Code Audit WE ARE HERE APG Land Use Code Audit City of Eugene 5  Attachment A Project Approach 1. Identify a set of building prototypes that are reasonable, but not necessarily allowed or What’s a prototype? encouraged by the current code. In this case, it’s a set of 2. Test the current code using prototypes. numeric assumptions that describe a particular 3. Identify and assess “barriers” to building the building and development. prototypes. APG Land Use Code Audit City of Eugene 6  Attachment A PROTOTYPES Accessory Dwelling Units Small Lot Detached Houses Row Houses Duplexes Triplexes and Fourplexes Courtyard Apartments (and other small-scale multi-family) Cottage Cluster Housing  Attachment A Accessory Dwelling Units Dwelling, Accessory. An interior, attached or detached residential structure that is used in connection with or that is accessory to a single-family dwelling. APG Land Use Code Audit City of Eugene 8  Attachment A Prototype – Accessory Dwelling Units Needed Needed Bldg. Bldg. Bldg. Bldg. Structured/ Needed Housing Surface Lot Lot # of Units Width Depth Footprint Stories Height Garage Lot Size Type Parking Width Depth (ft) (ft) (sq. ft) (ft) Parking (sq. ft.) (ft) (ft) ADU 1 ADU 14 28 392 1.5 20 0 1 40 100 4,000 (Detached) 1 primary ADU 1 ADU 14 28 392 1.5 20 0 1 40 100 4,000 (Attached) 1 primary ADU 1 ADU N/A N/A N/A N/A N/A 0 1 35 80 2,800 (Internal) 1 primary APG Land Use Code Audit City of Eugene 9  Attachment A Small Lot Detached Houses The defining characteristic of “small lot detached houses” is that they are built on smaller lots than conventional detached houses. Depending on the size of the structure, they may have smaller setbacks and greater lot coverage than a typical single-family house. APG Land Use Code Audit City of Eugene 10  Attachment A Prototype – Small Lot Detached Houses Bldg. Bldg. Bldg. Bldg. Needed Needed Needed Density # of Housing Type Width Depth Footprint Stories Height Parking Lot Width Lot Depth Lot Size (units/ Units (ft) (ft) (sq. ft) (ft) (ft) (ft) (sq. ft.) ac.) Small Lot Detached 1 1 15 65 975 3 35 25 80 2,000 22 (3-Story) (garage) Small Lot Detached 1 1 15 65 975 2 25 25 80 2,000 22 (2-Story) (garage) APG Land Use Code Audit City of Eugene 11  Attachment A Row Houses Dwelling, Row House. A dwelling that shares 1 or more walls with 1 or more dwellings and which is located on a row house lot. APG Land Use Code Audit City of Eugene 12  Attachment A Prototype – Row Houses Bldg. Bldg. Bldg. Bldg. Needed Needed Needed Density # of Housing Type Width Depth Footprint Stories Height Parking Lot Width Lot Depth Lot Size (units Units (ft) (ft) (sq. ft) (ft) (ft) (ft) (sq. ft.) /ac.) 140 Row House Row 5 (site) 5 100 80 8,000 3 35 120 16,800 13 (3-Story) (garage) 20 (ea. lot) 140 Row House Row 5 (site) 5 100 80 8,000 2.5 30 120 16,800 13 (2-Story) (garage) 20 (ea. lot) APG Land Use Code Audit City of Eugene 13  Attachment A Duplexes Dwelling, Duplex. A building designed and used as dwellings for 2 families living independently of each other and having separate housekeeping facilities for each family that are connected either by common walls or common ceiling/floor connection. A building is not a duplex if one of the dwellings is an accessory dwelling. Side-by-Side Duplex Stacked Duplex Stacked Duplex Side-by-Side Duplex APG Land Use Code Audit City of Eugene 14  Attachment A Prototype – Duplexes Bldg. Bldg. Bldg. Bldg. Needed Needed Needed Density # of Housing Type Width Depth Footprint Stories Height Parking Lot Width Lot Depth Lot Size (units/ Units (ft) (ft) (sq. ft) (ft) (ft) (ft) (sq. ft.) ac.) Duplex 2 25 60 1,500 2 25 2 (rear) 40 100 4,000 22 Stacked Duplex 2 2 35 50 1,750 2 25 50 80 4,000 22 Side-by-Side (garage) APG Land Use Code Audit City of Eugene 15  Attachment A Triplexes and Fourplexes Dwelling, Tri-Plex. A building designed and used as dwellings for 3 families living independently of each other and having separate housekeeping facilities for each family. Dwelling, Four-Plex. A building designed and used as dwellings for 4 families living independently of each other and having separate housekeeping facilities for each family Side-by-Side Triplex Stacked Triplex Stacked Fourplex APG Land Use Code Audit City of Eugene 16  Attachment A Prototype – Triplexes and Fourplexes Bldg. Bldg. Bldg. Bldg. Needed Needed Needed Density # of Housing Type Width Depth Footprint Stories Height Parking Lot Width Lot Depth Lot Size (units/ Units (ft) (ft) (sq. ft) (ft) (ft) (ft) (sq. ft.) ac.) Triplex 3 25 60 1,500 3 35 2 (rear) 40 100 4,000 32 Stacked Triplex 3 3 60 50 3,000 2 25 70 80 5,600 23 Side-by-Side (garage) Fourplex 4 35 60 2,100 3 35 2 (rear) 50 100 5,000 34 Stacked Fourplex 4 4 80 50 4,000 2 25 90 80 7,200 24 Side-by-Side (garage) APG Land Use Code Audit City of Eugene 17  Attachment A Courtyard Apartments (and other small-scale multi-family) Dwelling, Multiple-Family. One or more buildings on a single lot or parcel that are designed and used for 3 or more families, all living independently of each other, and having separate housekeeping facilities for each family. The dwellings may share common walls, common roofs, or common foundations. Multiple-family dwellings include condominium and apartment units without regard to ownership status. APG Land Use Code Audit City of Eugene 18  Attachment A Prototype – Courtyard Apartments (and other small-scale multi-family) Bldg. Bldg. Bldg. Bldg. Needed Needed Needed Density # of Housing Type Width Depth Footprint Stories Height Parking Lot Width Lot Depth Lot Size (units/ Units (ft) (ft) (sq. ft) (ft) (ft) (ft) (sq. ft.) ac.) Courtyard 6 (rear or 8 Varies (U-Shape) 6,200 1 15 120 120 14,400 15 Apartments side) APG Land Use Code Audit City of Eugene 19  Attachment A Cottage Cluster Housing Cottage Cluster Housing could be classified as One-Family Dwellings or as Multiple-Family Dwellings depending on whether the land is divided so that each house is on its own lot APG Land Use Code Audit City of Eugene 20  Attachment A Prototypes – Cottage Cluster Housing Bldg. Bldg. Bldg. Bldg. Needed Needed Needed Density # of Housing Type Width Depth Footprint Stories Height Parking Lot Width Lot Depth Lot Size (units/ Units (ft) (ft) (sq. ft) (ft) (ft) (ft) (sq. ft.) ac.) Cottage Cluster 4 Varies 4,200 1.5 20 4 120 120 14,400 12 (Small) Cottage Cluster 8 Varies 8,400 1.5 20 8 120 120 21,600 16 (Large) APG Land Use Code Audit City of Eugene 21  Attachment A USING THE PROTOTYPES TO TEST THE CODE  Attachment A ADUs – Preliminary Barriers Assessment Standard Barrier? Assessment Use Regulations Allowed in all zones, but some development standards are barriers Min. Density a Max. Density Significant barrier in R-1 – limits eligible lots Max. Height Potential barrier for sloped lots, conversion of existing structures Min. Setbacks a Max. Lot Coverage Potential barrier on smaller lots Min. Lot Area Significant barrier in R-1 – limits eligible lots Building Size Cap at 600 sq. ft. may limit appeal of ADUs Owner Occupancy Required May discourage investment in ADUs, complicate financing options Parking Standards Significant barrier on some lots APG Land Use Code Audit City of Eugene 23  Attachment A Duplexes – Preliminary Barriers Assessment Standard Barrier? Assessment Use Regulations Allowed in all zones, but special use limitations are barriers Min. Density Potential barrier in R-3 and R-4 zones Max. Density Significant barrier in R-1, requires larger lot than prototype Max. Height a Min. Setbacks a Max. Lot Coverage Potential barrier on smaller lot Significant barrier in R-1, requires larger lot than prototype and Min. Lot Area would preclude meeting maximum density. Min. Lot Width Potential barrier in R-1, requires wider lot than prototype Parking Standards Potential barrier on smaller lots APG Land Use Code Audit City of Eugene 24  Attachment A Cottage Cluster – Preliminary Barriers Assessment Standard Barrier? Assessment Use Regulations Allowed in all zones, but some development standards are a barrier Min. Density Potential barrier in R-3 and R-4 Max. Density Potential barrier in R-1 Max. Height a Min. Setbacks Potential barrier if applied to individual lots in the cluster Max. Lot Coverage a Min. Lot Area Significant barrier if applied to individual lots in cluster Min. Lot Width Significant barrier if applied to individual lots in cluster Multiple-Family Standards Maximum setback and entrance standards are a potential barrier Parking Standards a APG Land Use Code Audit City of Eugene 25  Attachment A Preliminary Barriers Assessment – Summary by Zone Prototype R-1 R-1.5 R-2 R-3 R-4 Key Barriers ADU Max density, min lot area, parking, owner occupancy Small Lot Detached a Max density/min lot area in R-1, min density in R-3 & R-4 • Max density/min lot area in R-1, min density in R-3 & R-4 Cottage Cluster • Cluster subdivision and PUD requirements • Multiple-family standards Rowhouses a a Max density/min lot area in R-1, min density in R-3 & R-4 Duplex a Max density/min lot area in R-1, min density in R-3 & R-4 • Max density/min lot area in R-1, min density in R-3 & R-4 Triplex/Fourplex • Multiple-family standards Courtyard Apartments a Max density/min lot area in R-1, min density in R-3 & R-4 APG Land Use Code Audit City of Eugene 26  Attachment A (VERY) PRELIMINARY FINDINGS 1. ADUs: Owner occupancy requirement, off-street parking and minimum lot area requirements may be significant barriers. 2. R-1 zone standards present barriers for all missing middle housing types. 3. Density standards are key barriers for most housing types, yet density is a imprecise measure of compatibility. 4. Off-street parking standards present barriers and tradeoffs with good urban design. 5. Multiple-family standards present barriers for triplexes, fourplexes, and courtyard apartments. 6. Cluster Subdivision and Planned Unit Development options are valuable for larger projects, but present significant barriers for small cottage clusters.  Attachment A ADU Requirements • Owner occupancy may discourage investment, complicate financing options • Off-street parking requirement can be ADU PARKING difficult to meet because many lots were not originally designed to accommodate two spaces. • Minimum lot area standards restrict eligible lots: • Citywide standard - 6,100 sf: 15% of all lots are smaller • University Area – 7,500 sf: 50% of lots are smaller APG Land Use Code Audit City of Eugene 28  Attachment A R-1 Zone Standards • Maximum density of 14 units per acre is a potential barrier to all missing middle housing types. • Minimum lot area, width, other lot requirements for duplexes, triplexes, and fourplexes limit the number of eligible lots. • Maximum lot coverage of 50% can be a barrier to small lot detached, rowhouses, duplexes, and triplexes/fourplexes. • University Area prohibition on duplexes, triplexes, fourplexes, and rowhouses limits the number of eligible lots. APG Land Use Code Audit City of Eugene 29  Attachment A Key Issues: Density Duplex Single-Family House Density: 17 units per acre Density: 8 units per acre Floor-Area-Ratio: 0.55 Floor-Area-Ratio: 0.53 Lot Coverage: 42% Lot Coverage: 41% APG Land Use Code Audit City of Eugene 30  Attachment A Off-Street Parking • Minimum standard of one space/per unit is not a significant barrier for most missing middle types, except for triplex/fourplex on a small lot. • Requiring parking may potentially result in less attractive street frontages than if parking were not required. • Internal conversions from a house to duplex, triplex, etc. may find parking to be a greater barrier than new development. • Prohibition on tandem parking eliminates potential option for meeting standards. APG Land Use Code Audit City of Eugene 31  Attachment A Multiple-Family Standards • Maximum setback for 40-60% of lot frontage may be a potential barrier for triplexes/fourplexes, courtyard apartments. • Minimum open space requirements may be difficult to meet for triplexes/fourplexes on a smaller lot. • Entrance orientation requirement that ground floor units face the street is a significant barrier for several missing middle types APG Land Use Code Audit City of Eugene 32  Attachment A Cluster Subdivision/PUD Standards Cluster Subdivision Standards: • Minimum of 6 units may be a barrier for smaller cottage cluster projects. • Requirement to meet maximum density may be a barrier in R-1 zone to cottage clusters. PUD Standards • Minimum open space requirements may be difficult to meet for smaller cottage clusters. • Minimum 30 foot landscape buffer may be a barrier for smaller cottage clusters. • Type III review is a potential barrier due to uncertainty, cost, and complexity of process. APG Land Use Code Audit City of Eugene 33  Attachment A DISCUSSION: Other known barriers? This project is funded by a grant from the Department of Land Conservation and Development  Attachment B Housing Tools and Strategies - Framework for Policy Implementation Vision Policy Projects - Current Projects - Future Envision Eugene Pillar: Consolidated Plan Construction Excise Tax Expand Affordable Housing Programs Provide housing affordable to all income levels River Road Corridor Study Comprehensive Plan - Designation Updates Urban Growth Boundary Clear & Objective Housing Zoning Map Updates Approval Criteria Update Comprehensive Plan - Code Updates - Implement Code Audit Findings Housing Chapter Housing Code Audit KEY Code Updates - Accessory Dwelling Units Phase 2 Completed Work Accessory Dwelling Unit Remand Comprehensive Plan - Projects in Progress Ongoing Code Improvements Parcel-Specific Diagram Monitor House Bill 2001 - Missing Middle Housing February 2019