Planning Commission

AGENDA Phone: 541-682-5481 Meeting Location: www.eugene-or.gov/pc Virtual Meeting (Via Zoom) The Eugene Planning Commission welcomes your interest in these agenda items. Due to Governor Kate Brown’s Stay Home, Save Lives Executive Order to combat the spread of COVID-19, this meeting will be held remotely using virtual meeting technology. Information about online or other options for access and participation is available on the last page of this agenda. For the hearing impaired, assistive-listening devices or an interpreter can be provided with 72- hour notice prior to the meeting. Spanish-language interpretation may also be provided with 72-hour notice. These services may not be available during the Planning Commission meeting based on service availability but may occur as a follow up service. To arrange for these services, contact the Planning Division at 541-682-5675. MONDAY, JUNE 28, 2021 – Regular Meeting 11:30 am to 1:30 pm* Commissioners: John Barofsky; Ken Beeson (Vice Chair); Tiffany Edwards; Lisa Fragala; Dan Isaacson; Chris Ramey (Chair); Kristen Taylor 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: MIDDLE HOUSING CODE AMENDMENTS Staff: Terri Harding, 541-682-5635, THarding@eugene-or.gov C. ITEMS FROM COMMISSION AND STAFF 1. Other Items from Staff 2. Other Items from Commission 3. Learning: How are we doing? *This meeting may be extended until 2:30pm. Page 1 of 48 HOW TO ACCESS THE MEETING To watch a webcast of the meeting live: Visit: https://www.eugene-or.gov/2109/Planning-Commission-Webcasts To be able to participate in Public Comment join using one of the two following options: 1. Join on your computer, tablet or smartphone Visit: https://eugene-or-gov.zoom.us/j/98939251956 Sign up to speak by clicking once on the “raise hand” icon 2. Join on your phone Dial one of the below numbers and enter the Webinar ID: 989 3925 1956 +1 833-548-0276 (Toll Free); or +1 833-548-0282 (Toll Free); or +1 877-853-5257 (Toll Free); or +1 888-475-4499 (Toll Free); For higher quality, dial a number based on your current location. International numbers available: https://eugene-or-gov.zoom.us/u/acRDLxDSxE Sign up to speak by dialing *9 (Star-9) Page 2 of 48  AGENDA ITEM SUMMARY June 28, 2021 To: Eugene Planning Commission From: Terri Harding, City of Eugene Planning Division Subject: Middle Housing Code Amendments (Implementation of House Bill 2001) Draft Land Use Code Language ACTION REQUESTED At this meeting, the Planning Commission will continue its review of draft land use code language for the Middle Housing Code Amendments project. The meeting will focus on the Special Area Zones, Adjustment Review, and Commercial Zones sections of the draft code language. INTRODUCTION The Eugene Middle Housing Code Amendments project seeks to implement Oregon House Bill 2001 (2019), which requires large cities such as Eugene to allow middle housing including duplexes, triplexes, fourplexes, cottage clusters, and rowhouses, in more places across the City, in order to increase housing choice and supply. By June 30, 2022, the City must have regulations in place that comply with the administrative rules. Otherwise, the state’s model code will apply in Eugene. PROJECT APPROACH An important component of the project approach is the focus on equity and inclusion in the public outreach process. To support that focus, the Commission has heard from participants in the Equity RoundTable, Healthy Democracy panel, and developers focus group, as well as a University of Oregon Law School professor at meetings between December 2020 and May 2021. In addition, the Commission wrote and presented a letter to the City Council to express support for the project’s focus on equity and approach to encouraging and incentivizing middle housing across Eugene through the land use code. The letter is attached to the June 14 Planning Commission meeting packet. At the Commission’s June 21 meeting, Patrick Wingard provided comments from his perspective as Eugene’s representative of the Department of Land Conservation and Development (DLCD). Patrick gave feedback in support of the middle housing project approach, focus on equity and inclusion, and effort to hear from new and diverse voices in the planning process, in particular the Healthy Democracy panel, which was partially funded by DLCD, and the City’s Equity RoundTable, which has shined a light on the impacts of exclusionary zoning on communities of color, LGBTQ+ folks, people with disabilities, and low income renters. Page 3 of 48 At this meeting, the Commission will hear from Josh Berman, the City staff person leading the work on the Housing Implementation Pipeline (HIP). Josh will talk about the connections between the middle housing code amendments and the City’s ongoing housing program work. PUBLIC ENGAGEMENT SUMMARY The project’s Public Involvement Plan (PI Plan) outlines the outreach process from concept development through adoption of land use code and policy amendments. The PI Plan includes opportunities for the community to engage in the planning process and information on how individuals and organizations can effectively participate and is consistent with the City’s Public Participation Guidelines and Statewide Planning Goal 1. The Planning Commission approved the PI Plan in August 2020 and has been regularly meeting to advise staff on the project approach. In the fall of 2020, public outreach focused on providing information about the house bill and forming outreach groups to develop values and principles to guide the technical phase of work. In February 2021, the project team began to gather community-wide input on how to approach implementation of the house bill. The main opportunity for input centered on levels of implementation: we asked community members whether the City should Allow, Encourage, and/or Incentivize middle housing through the land use code requirements. Throughout the project, the goal of the public engagement has been to be meaningful, accountable, inclusive, transparent, realistic, and outcome oriented. A comprehensive report on the February outreach is available on our website. The Healthy Democracy process included a thorough information gathering phase, small and large group discussion, deliberation and voting on recommendations related to the middle housing code amendments. It also included reflections on the process and general public engagement recommendations for the City’s consideration into the future. The April and May outreach meetings included the final three Healthy Democracy Panel meetings, a fifth Equity RoundTable meeting, and a combined Boards and Commissions and Local Partners RoundTable meeting discussing how well the draft code meets the values and principles, as well as how well it encourages affordability. In addition, two Developer Focus Group meetings were held with market rate and affordable housing developers to gather feedback on the code recommendations and affordability strategies. Results from these conversations are informing the draft code language staff is bringing to the Commission for review. Overall, people we heard from through our community engagement efforts were overwhelmingly supportive of going beyond the minimum standards required by the state and implementing a combination of the Encourage and Incentivize middle housing options. MIDDLE HOUSING LAND USE CODE LANGUAGE Draft middle housing land use code language has been developed in response to the broad public input described above, as well as cycles of technical analysis and review with outreach groups and the Planning Commission. Page 4 of 48 Attachment A is a memo from Angelo Planning Group (APG, June 23, 2021) explaining the project team’s code recommendations related to Special Area Zones, Adjustment Review, and Commercial Zones. As a reminder, in general, the team recommends approaching the land use code amendments from an encourage-incentivize point of view, with an emphasis on equity in code standards across the community. Using the code recommendations as a guide, the project team drafted land use code language for Planning Commission review. Part Three of the project team’s recommended code language for Special Area Zones, Adjustment Review, and Commercial Zones is included in Attachment B and will be the subject of the June 28 meeting. During the meeting, the project team will guide the Commission through the sections of draft code language in front of them, ask for questions and feedback, and keep track of comments to inform a final set of revisions to include in the draft adoption package. The adoption process for land use code amendments includes a Planning Commission public hearing and recommendation, followed by a City Council public hearing and action. The adoption package is anticipated to be shared with the Commission and the public in early August, six weeks ahead of the Planning Commission public hearing, which is planned for late September. The project’s Engage Eugene and web page are frequently updated with opportunities to engage community members and provide information about middle housing in Eugene. Additionally, the overall project schedule for upcoming adoption phase is included below. Middle Housing Adoption Phase Timeline ATTACHMENTS A. Code Recommendations Summary Memo – Special Area Zones, Adjustment Review, and Commercial Zones (APG, June 24, 2021) B. Draft Code Language for Special Area Zones, Adjustment Review, and Commercial Zones Page 5 of 48 FOR MORE INFORMATION Staff Contact: Terri Harding Telephone: (541) 682-5635 Staff E-Mail: THarding@eugene-or.gov Page 6 of 48  Attachment A LAND USE PLANNING TRANSPORTATION PLANNING PROJECT MANAGEMENT MEMORANDUM Draft Code Summary – SAZs, Adjustment Review & Commercial Zones Eugene Middle Housing Code Amendments D AT E June 24, 2021 TO Eugene Planning Commission FROM Kate Rogers and Matt Hastie, APG CC City of Eugene Middle Housing Project Team Ben Weber and Emma-Quin Smith, SERA Becky Hewitt and Tyler Bump, ECONorthwest Julie Fischer, Cogito This memorandum provides an overview of draft code amendments for the Eugene Middle Housing Code Amendments project. We will be reviewing initial draft code language at three Planning Commission (PC) work sessions on June 14, 21, and 28, 2021. Each meeting will focus on specific sections of the Eugene Code, as outlined below: • June 14 – Definitions (EC 9.0500) and Residential Zones (EC 9.2700-9.2777) • June 21 – Special Development Standards (EC 9.5550) and General Standards (EC 9.600s) • June 28 – Special Area Zones (EC 9.3000s), Adjustment Review (EC 9.8015 – 9.8030), and Commercial Zones (EC 9.2100) This memo summarizes the proposed code amendments for Special Area Zones, Adjustment Review, and Commercial Zones. The team is scheduled to deliver an “adoption-ready” draft set of code and policy recommendations by the end of June. However, the City will continue to seek input on and revise these draft amendments during the next several months. In the latter half of the year, City staff will manage revisions, prepare an adoption package, and bring the middle housing code amendments through the local adoption process. ANGELO PLANNING GROUP angeloplanning.com 921 SW Washington Street, Suite 468 p: 503.224.6974 Portland, OR 97205 Page 7 of 48 f: 503.227.3679 Draft Code Summary – SAZs, Adjustment Review & Commercial Zones 2 of 10 Special Area Zones (EC 9.3000s) The Planning Commission has generally directed the Project Team to seek an equitable approach to middle housing allowances throughout the city, including in Special Area Zones (SAZs). This is consistent with the community’s overwhelming support for an equitable approach to middle housing implementation. More specifically, the PC has supported the concept of exempting middle housing from the SAZ standards and instead applying the most applicable base zone standards (as well as the proposed new Special Development Standards for Middle Housing at EC 9.5550). This way, middle housing will be subject to the same set of siting and design standards throughout the city which will ensure consistent compliance with state standards and will generally provide added flexibility and eliminate barriers to middle housing. Under HB 2001, middle housing must be permitted in the following Special Area Zones: • S-C: Chambers • S-HB: Blair Boulevard Historic Commercial • S-CN: Chase Node • S-JW: Jefferson Westside • S-DW: Downtown Westside • S-RN: Royal Node • S-E: Elmira Road In addition, the Project Team also recommends updating the Whiteaker SAZ (S-W) to apply more flexible standards to middle housing. The Whiteaker SAZ does not implement a Residential Land Use designation; therefore, it is not required to comply with HB 2001 or OAR 660-046. However, as noted in its purpose statement (EC 9.3900), the S-W zone is intended to allow “a mix of residential dwellings,” in addition to commercial and other non-residential uses, and most middle housing types are already permitted. As such, the team proposes to update the S- W zone in a way that is consistent with the other SAZs. See additional comments in the table below. Proposed Code Amendments Commentary S-C: Chambers (EC 9.3050-9.3065) Purpose of S-C Add middle housing to the housing types According to the purpose statement, the S-C zone is intended to ensure Chambers Special mentioned in the purpose statement (in “compatible design for infill development,” to promote a mix of Area Zone addition to multi-unit and single detached residential uses, to encourage commercial infill, and to create transitions (9.3050) dwellings). between higher- and lower-intensity uses. APG Eugene Middle Housing Code Amendments Page 8 of 48 June 24, 2021 Draft Code Summary – SAZs, Adjustment Review & Commercial Zones 3 of 10 Proposed Code Amendments Commentary Land Use and Permit No substantive changes needed (only HB 2001 requires that middle housing be permitted in the S-C/R-1 and S- Requirements and updating terms, e.g., “single detached C/R-2 Subareas. These are the portions of the Chambers SAZ where Special Use dwelling”). single detached dwellings are permitted. Limitations For these subareas, the land use and permit requirements of the R-1 and (9.3060) R-2 base zones apply; therefore, no changes are needed here. Development Exempt middle housing from the special For the residential subareas, the Chambers SAZ points to the R-1 and R-2 Standards development standards in this section. base zones for most development standards; however, it also applies a (9.3065) special set of development and design standards in each subarea. Some of these standards directly conflict with the middle housing Administrative Rules (OAR)—e.g., special density standards. Others could present significant barriers to middle housing—e.g., interior sloped setbacks, special height standards, and alley open space requirements. S-CN: Chase Node (EC 9.3100-9.3126) Land Use and Permit Update the Use and Permit table to: The S-CN zone is intended for high-density nodal development. Middle Requirements • Add cottage cluster as a permitted use housing must be permitted in the High Density Residential/Mixed Use (9.3115) (HDR/MU) and HDR subareas. All middle housing types except cottage • Add references to the special cluster are already expressly permitted in these subareas. standards in EC 9.5550 • Update terms Special Use Limitation Remove restrictions for rowhouses (notes These are the same restrictions that currently apply to rowhouses in the for Table 9.3115 3 and 4), which establish a maximum base zones. The standards are in conflict with the OAR because they are (9.3116) building size of 8 units, apply a minimum more restrictive for rowhouses than for single detached dwellings. open space standard of 400 feet, and require rear alley access. Development Exempt middle housing from the special In the residential/mixed-use subareas, the development standards Standards development standards in this section and regulate things like exterior building materials and roof pitch. Many of APG Eugene Middle Housing Code Amendments Page 9 of 48 June 24, 2021 Draft Code Summary – SAZs, Adjustment Review & Commercial Zones 4 of 10 Proposed Code Amendments Commentary (9.3125) instead point to development standards in the special development standards for the SAZ only apply in the the R-4 zone. commercial (S-C/C) subarea. S-DW: Downtown Westside (9.3200-9.3221) Land Use and Permit Update the Use and Permit table to: The purpose of the S-DW zone is to maintain the area’s residential Requirements • Add cottage cluster as a permitted use character and to allow additional high-density residential development. (9.3210) All middle housing types except cottage cluster are already permitted in • Add references to the special the SAZ. standards in EC 9.5550 • Update terms Development Exempt middle housing from the special The S-DW zone already points to the R-4 base zone for any development Standards / Special development standards in these sections. standards not covered by the special SAZ standards. Therefore, the only Development amendment needed for this section is to exempt middle housing from Standards these special standards, which include a 20% minimum landscape (9.3215 / 9.3216) requirement and a prohibition on parking in the front setback. Lot Standards Exempt middle housing from the lot The minimum lot area for rowhouses conflicts with the OAR. (9.3220) standards in this section and instead, point to the lot standards in the R-4 zone. S-E Elmira Road (9.3300-9.3315) Land Use and Permit Update the Use and Permit table to: The purpose of the S-E zone is to “allow a mix of low-density residential Requirements • Add triplex, fourplex, and cottage uses and a limited range of commercial uses.” Duplexes and rowhouses (9.3310) cluster as permitted uses are already permitted outright. Triplexes and fourplexes are only permitted (as multi-family) through a Planned Unit Development (PUD). • Add references to the special standards in EC 9.5550 • Update terms APG Eugene Middle Housing Code Amendments Page 10 of 48 June 24, 2021 Draft Code Summary – SAZs, Adjustment Review & Commercial Zones 5 of 10 Proposed Code Amendments Commentary Development and Lot No changes needed. The S-E zone already points to the R-1 zone for residential development Standards and lot standards. Therefore, this section will comply with the OAR once (9.3315) R-1 is in compliance. S-HB Blair Boulevard Historic Commercial (9.3500-9.3515) Uses (9.3510) Update the permitted uses in the “Areas Blair Boulevard is a designated historic district, which implements Designated for Low and Medium Density historic resource protections under Statewide Planning Goal 5. As such, Residential” to permit rowhouses and this area has special allowances under state statute as well as under the cottage clusters. middle housing OAR. This includes the ability to apply discretionary review standards and procedures to middle housing as long as the same standards apply to single detached dwellings. Duplexes, triplexes, and fourplexes are already permitted in S-HB. Development No changes recommended. Because S-HB is a historic district with standards intended to ensure new Standards (9.3515) development is compatible with existing historic structures, the Project Team does not recommend exempting middle housing from these standards. The development standards regulate things like facade articulation and windows, exterior materials, height (max. 2 stories), roof design, and landscape design. S-JW: Jefferson Westside (9.3600-9.3640) Land Use and Permit No changes needed, except to update According to the purpose statement (EC 9.3600), “The overarching Requirements terms. purpose of the S-JW zone is to prevent residential infill that would (9.3310) significantly diminish, and to encourage residential infill that would enhance the stability, quality, positive character, livability and natural resources of the encompassed residential areas.” The S-JW zone points to the land use and permit requirements of the R-2 zone. APG Eugene Middle Housing Code Amendments Page 11 of 48 June 24, 2021 Draft Code Summary – SAZs, Adjustment Review & Commercial Zones 6 of 10 Proposed Code Amendments Commentary Development Exempt middle housing from the special Many of the development standards in the S-JW zone do not comply Standards development standards in this section and with OAR standards and/or create significant barriers to middle (9.3625) instead point to development standards in housing—these are listed in more detail in the Code Summary memo the R-2 zone. included in the April 26 PC packet. The proposed approach would instead point to the standards in the R-2 zone, which is consistent with the land use and permit standards, and also with the Comprehensive Plan land use designation for the area. Lot Standards Exempt middle housing from the lot The S-JW lot standards do not accommodate rowhouses, and therefore (9.3630) standards in this section and instead, do not comply with the OAR. Development standards in EC 9.3625 point to the lot standards in the R-2 zone. regulating Maximum Dwellings per Lot also effectively establish larger minimum lot sizes than what the OAR allows. S-RN: Royal Node (9.3800-9.3823) Land Use and Permit Update the Use and Permit table to: The S-RN zone provides for a range of uses and densities, using seven Requirements • Add cottage cluster as a permitted use different subareas to guide development within the SAZ. HB 2001 (9.3810) requires that middle housing be permitted in the Low Density Residential • Add references to the special (S-RN/LDR), Medium Density Residential (S-RN/MDR), and Residential standards in EC 9.5550 Mixed Use (S-RN/RMU) subareas. All middle housing types except • Update terms cottage cluster are already permitted in these subareas. Special Use Limitation Remove restrictions for rowhouses (note These are the same restrictions that currently apply to rowhouses in the for Table 9.3810 2), which establish a maximum building base zones. The standards are in conflict with the OAR because they are (9.3811) size of 8 units, apply a minimum open more restrictive for rowhouses than for single detached dwellings. space standard of 400 feet, and require rear alley access. Development Exempt middle housing from the special This section includes detailed design standards for things like building Standards development standards in this section and orientation, windows, façade materials, front porches, and roof pitch. (9.3815) instead point to development standards in Some of these topics will be addressed by the proposed Special the residential base zones as follows: Standards for Middle Housing at EC 9.5550. APG Eugene Middle Housing Code Amendments Page 12 of 48 June 24, 2021 Draft Code Summary – SAZs, Adjustment Review & Commercial Zones 7 of 10 Proposed Code Amendments Commentary 1. S-RN/LDR: R-1 zone 2. S-RN/MDR: R-2 zone 3. S-RN/RMU: R-2 zone Lot Standards Exempt middle housing from the lot The current minimum lot area standards conflict with the OAR. (9.3822) standards in this section and instead, point to the same base zones listed above. S-W: Whiteaker Land Use and Permit Update the Use and Permit table to: As noted above, the S-W zone allows for a wide range of uses, including Requirements • Add cottage cluster as a permitted use a variety of housing types. All middle housing types except cottage (9.3910) cluster are already permitted in the SAZ. • Add references to the special standards in EC 9.5550 • Update terms Development and Lot Exempt middle housing from the lot area For residential development, the S-W zone points to the development Standards standards in subsection (8). and lot standards in the C-2 zone. For lot area, the Project Team (9.3910) recommends pointing to the R-4 zone lot standards, instead of applying the current minimum of 4,500 sf for all development types. Adjustment Review (EC 9.8015-9.8030) Adjustment Review is an optional discretionary process that allows applicants to request additional flexibility for specific development standards. According to the purpose statement in EC 9.8015, Adjustments “encourage design proposals that respond to the intent of the code and creatively meet or exceed the specific development standards.” As noted in the June 21 PC packet, most of the proposed Special Standards for Middle Housing (EC 9.5550) are available for Adjustment. The draft code provisions proposed for Section 9.5550 include references to the applicable Adjustment criteria in EC 9.8030 that an applicant would need to meet in order to qualify for an adjustment for each standard. The initial proposed criteria are summarized below. NOTE: The Project Team will continue working to refine these criteria in the next few months, APG Eugene Middle Housing Code Amendments Page 13 of 48 June 24, 2021 Draft Code Summary – SAZs, Adjustment Review & Commercial Zones 8 of 10 with the intent of including more specific numeric thresholds or “sideboards” to make the criteria less open-ended. This would make it easier for staff to evaluate whether or not a proposal meets the criteria. 9.8030 Adjustment Review – Approval Criteria Proposed Code Amendments Commentary (37) Middle Housing Standards Adjustments (a) Entry Orientation Allows the entry orientation standards for triplexes, fourplexes, and rowhouses to be adjusted if the entry orientation promotes public safety and community interaction, ensures the main entrance is easily identifiable and can be located from the street. (b) Windows Allows the window standards for triplexes, fourplexes, and rowhouses (and street facing cottage cluster units) to be adjusted if the design enhances public safety by allowing residents to survey the neighborhood from inside their homes and avoids long expanses of blank facades. (c) Garages, Off- Allows the garage/parking area width and driveway standards to be adjusted if the Street Parking Areas, proposal supports a pedestrian-friendly environment by minimizing the visual and safety and Driveways for impacts of parking and vehicle circulation areas. Triplexes and Fourplexes (d) Rowhouse Unit Allows unit definition standards to be adjusted if the proposal uses architectural features These criteria are similar Definition to distinguish elements of the building and to define entryways. to criteria for equivalent multi-family standards. (e) Rowhouse Allows the driveway access and parking standards to be adjusted if the proposal Driveway Access and supports a pedestrian-friendly environment by minimizing the visual and safety impacts Parking of parking and vehicle circulation areas. (f) General Allows the standards for number of dwellings, setbacks, maximum floor area, and Standards for accessory buildings to be adjusted if the proposal promotes quality development, Cottage Clusters enhances livability, and promotes compatibility with adjacent properties. APG Eugene Middle Housing Code Amendments Page 14 of 48 June 24, 2021 Draft Code Summary – SAZs, Adjustment Review & Commercial Zones 9 of 10 Proposed Code Amendments Commentary (g) Cottage Cluster Allows the orientation standards to be adjusted if the proposal provides a sense of Orientation community within a cottage cluster and ensures that each dwelling has access to a Standards common courtyard. (h) Common Allows the common courtyard standards to be adjusted if the proposal achieves an These criteria are adapted Courtyard Design equivalent or higher quality design and promotes safety and security. from the multi-family Standards open space adjustment criteria. (i) Community Allows the community building standards to be adjusted if the community building is Building Standards compatible in scale with dwellings in a cottage cluster (j) Cottage Cluster Allows the parking design standards to be adjusted if the proposal supports a pedestrian- Parking Design friendly environment and supports livability for cottage cluster residents by minimizing Standards the impacts of parking areas and garages. Commercial Zones (EC 9.2100) Eugene is not required to comply with HB 2001 and OAR 660-046 in commercial zones, because these zones are not considered “zoned for residential use.” Amendments to the commercial zones are recommended simply to ensure consistent use of terms and consistent application of the proposed Special Development Standards for Middle Housing (EC 9.5550). Proposed Code Amendments Commentary Land Use and Permit • Delete housing type descriptions from the table— Duplexes, triplexes, fourplexes, and rowhouses are Requirements terms are defined in EC 9.0500. already permitted in C zones. For types other than (9.2160) • Add reference to special standards for middle duplexes, the “S” indicates that these housing types are housing in EC 9.5550. subject to special standards in EC 9.5550. The Project Team recommends not permitting cottage clusters, since this housing type is less compatible with APG Eugene Middle Housing Code Amendments Page 15 of 48 June 24, 2021 Draft Code Summary – SAZs, Adjustment Review & Commercial Zones 10 of 10 Proposed Code Amendments Commentary commercial development than most of the other middle housing types. Special Use For lots zoned C-1 in the S-JW Jefferson Westside SAZ, As noted above, the limitations in the S-JW zone Limitations (9.2161) exempt middle housing from the limitations on the effectively establish larger minimum lot sizes for middle maximum number of dwellings per lot. housing than the OAR allows. The approach here is consistent with the proposed exemptions for the S-JW zone more broadly. APG Eugene Middle Housing Code Amendments Page 16 of 48 June 24, 2021  Attachment B Commercial Zones | Eugene Code Page 1 of 3 Commercial Zones Changes proposed to implement House Bill 2001 *** 9.2160 Commercial Zone – Land Use and Permit Requirements. The following Table 9.2160 Commercial Zone Land Uses and Permit Requirements identifies those uses in Commercial Zones that are: (P) Permitted. (SR) Permitted, subject to an approved site review plan or an approved final planned unit development. (C) Subject to a conditional use permit or 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 described in EC 9.2161. Examples shown in Table 9.2160 are for informational purposes, and are not exclusive. Table 9.2160 does not indicate uses subject to Standards Review. Applicability of Standards Review procedures is set out at EC 9.8465. Table 9.2160 Commercial Zone Land Uses and Permit Requirements C-1 C-2 C-3 GO *** Residential Dwellings One-FamilySingle Dwelling P(6) P(6) P(7) Page 17 of 48 MIDDLE HOUSING CODE UPDATE DRAFT AMENDMENTS 6.24.21 Commercial Zones | Eugene Code Page 2 of 3 Table 9.2160 Commercial Zone Land Uses and Permit Requirements Rowhouse (One-Family on Own Lot Attached to Adjacent S(6) S SP Residence on Separate Lot with Garage or Carport Access to the Rear of the Lot) (See EC 9.5550) Duplex (Two-Family Attached on Same Lot) P(6) P(6) P(7) P Tri-plex (Three-Family Attached on Same Lot) (See EC S(6) S S S 9.55009.5550) Four-plex (Four-Family Attached on Same Lot) (See EC S(6) S S S 9.55009.5550) Multiple FamilyUnit (3 or More Dwellings on Same Lot) S(6) S S S (See EC 9.5500) *** *** 9.2161 Special Use Limitations for Table 9.2160. *** (6) Residential Use Limitation in C-1 and C-2. (a) All residential dwellings in the C-1 zone and one and up to two-family dwellings in the C-2 zone are allowed in a structure if the ground floor of the structure is used for commercial or non-residential purposes according to Table 9.2161 Commercial Uses Requirements in Mixed-Use Residential Developments. (b) For lots zoned C-1 within the S-JW Jefferson Westside Special Area Zone boundaries as shown on Figure 9.3605, the maximum number of dwellings per lot is specified at EC 9.3625(8) and 9.3626(1), except that middle housing is exempt from these limitations. Table 9.2161 Commercial Uses Requirements in Mixed-Use Residential Developments C-1 C-2 Commercial Uses Requirements in Mixed-Use Residential Developments Page 18 of 48 MIDDLE HOUSING CODE UPDATE DRAFT AMENDMENTS 6.24.21 Commercial Zones | Eugene Code Page 3 of 3 Table 9.2161 Commercial Uses Requirements in Mixed-Use Residential Developments C-1 C-2 Minimum Percent of Building Street Frontage 80% 60% in Commercial Use. Building street frontage shall be measured along the length of the building at the ground level within the maximum front yard setback. As used herein, “commercial” includes any non-residential use occupying a space at least 15 feet deep from the street facade of the building, excluding parking areas and garages. Minimum Percent of Ground Floor Area in 80% 20% Commercial Use. (7) Residential Use Limitation in C-3. Within the Downtown Plan Area as shown on Map 9.2161(6) Downtown Plan Map, a structure may include one – andup to two-family dwellings if 80 percent of the ground floor of the structure is used for commercial or non-residential purposes. *** Page 19 of 48 MIDDLE HOUSING CODE UPDATE DRAFT AMENDMENTS 6.24.21 S-C Chambers Special Area Zone | Eugene Code Page 1 of 2 S-C Chambers Special Area Zone Changes proposed to implement House Bill 2001 9.3050 Purpose of S-C Chambers Special Area Zone. The S-C Chambers Special Area zone is intended to: (1) Protect and maintain healthy existing residential neighborhoods by ensuring compatible design for infill development in terms of mass, scale, orientation and setback to complement patterns in the existing neighborhood; (2) Promote a general increase in density with a mix of multi-familyunit , middle housing, and single family detached residential development that contributes positively to the neighborhood pattern of single family detached dwellings; *** 9.3060 S-C Chambers Special Area Zone – Land Use and Permit Requirements and Special Use Limitations. Except where the standards in EC 9.3065 S-C Chambers Special Area Zone Development Standards specifically provide otherwise: (1) The land use and permit requirements and special use limitations applicable in the S-C/R-1 subarea shall be those set out at EC 9.2740 and EC 9.2741 for uses in the R-1 zone. (2) The land use and permit requirements and special use limitations applicable in the S-C/R-2 subarea shall be those set out at EC 9.2740 and EC 9.2741 for uses in the R-2 zone, except that any additional (interior, attached or detached) residential structure that is used in connection with or that is accessory to a single family detached dwelling may be permitted on a lot only as an additional “One-FamilySingle Dwelling” and not as an “Accessory Dwelling.” MIDDLE HOUSING CODE UPDATE Page 20 of 48 DRAFT AMENDMENTS 6.24.21 S-C Chambers Special Area Zone | Eugene Code Page 2 of 2 *** 9.3065 S-C Chambers Special Area Zone – Development Standards. (1) Application of Standards. The standards in this section 9.3065 apply to uses and development established within the S-C Chambers Special Area Zone after December 12, 2005. As used in this section, “residential building” means a building containing one or more dwellings. In the event of a conflict between other provisions of this code and the provisions of this section, the specific provisions of this section 9.3065 shall control. (2) Development Standards Applicable in the S-C/R-1 Subarea. Except as provided in this subsection, the development standards applicable in the S-C/R-1 Subarea shall be those set forth in EC 9.2750 to EC 9.2777 for the R-1 zone, Special Development Standards for Certain Uses in EC 9.5000 through EC 9.5850, and the General Standards for all Development in EC 9.6000 through 9.6885. All middle housing development in the S-C/R-1 Subarea shall be exempt from the development standards in EC 9.3065 (2)(a) – (c). *** (3) Development Standards Applicable in S-C/R-2 Subarea. Except as provided in this subsection, the development standards applicable in the S-C/R-2 subarea shall be those set out in EC 9.2750 to 9.2777 for the R-2 zone, Special Development Standards for Certain Uses in EC 9.5000 through EC 9.5850, and the General Standards for all Development in EC 9.6000 through 9.6885. All middle housing development in the S-C/R-2 Subarea shall be exempt from the development standards in EC 9.3065 (3)(a) – (j). *** MIDDLE HOUSING CODE UPDATE Page 21 of 48 DRAFT AMENDMENTS 6.24.21 S-CN Chase Node Special Area Zone | Eugene Code Page 1 of 4 S-CN Chase Node Special Area Zone Changes proposed to implement House Bill 2001 9.3100 Purpose of S-CN Chase Node Special Area Zone. The special area zone applied to the Chase Node area is intended to implement the comprehensive plan and TransPlan by ensuring that: *** (3) Multi-familyunit developments retain visual and physical links to adjacent public parks and natural areas and preserve unique natural features found on the site. (4) New multi-familyunit developments shall front onto public and private streets with building entrances visible from the street. (5) Setbacks and building designs for multi-familyunit developments shall promote privacy and compatibility with abutting lower intensity residential uses and historic properties. *** 9.3115 S-CN Chase Node Special Area Zone Land Use and Permit Requirements. The following Table 9.3115 S-CN Chase Node Special Area Zone Land Uses and Permit Requirements identifies those uses in the S-CN zone that are: (P) Permitted, subject to zone verification. (C) Subject to an approved conditional use permit. Page 22 of 48 MIDDLE HOUSING CODE UPDATE DRAFT AMENDMENTS 6.24.21 S-CN Chase Node Special Area Zone | Eugene Code Page 2 of 4 (S) Permitted subject to zone verification and 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 described in EC 9.3116. Examples of uses in Table 9.3115 are for informational purposes and not exclusive. Table 9.3115 does not include uses subject to Standards Review. Applicability of Standards Review procedures is set out at EC 9.8465. Table 9.3115 S-CN Chase Node Special Area Zone Land Uses and Permit Requirements Land Use Type C HDR/MU HDR *** Residential Dwellings (All dwellings shall meet minimum and maximum density requirements for development within the Chase Gardens Plan area.) One FamilySingle Detached Dwelling per lot (Includes P P zero lot line dwellings) Accessory Dwelling (1 Per Detached One-FamilySingle P P Detached Dwelling on Same Lot) Controlled Income and Rent Housing where density is S S above that normally required in the zoning district but does not exceed 150% of the maximum permitted density. (Shall comply with multiple-familyunit standards in EC 9.5500.) Rowhouse (One-family on own lot attached to adjacent SP(3)(4) SP(3)(4) SP(3)(4) residence on separate lot) (See 9.5550) Duplex (Two-family attached on the same lot) P P Tri-plex (Three family attached on the same lot) (See EC PS PS 9.55009.5550) Four-plex (Four-family attached on the same lot) (See EC S S 9.55009.5550) Page 23 of 48 MIDDLE HOUSING CODE UPDATE DRAFT AMENDMENTS 6.24.21 S-CN Chase Node Special Area Zone | Eugene Code Page 3 of 4 Table 9.3115 S-CN Chase Node Special Area Zone Land Uses and Permit Requirements Land Use Type C HDR/MU HDR Cottage Cluster (On Single Lot or on Individual Lots via S S Land Division) (See EC 9.5550) Multiple FamilyUnit (35 or more dwellings on the same S S S lot) (See 9.5500) Manufactured Home Park (See 9.5400) P(53) *** 9.3116 Special Use Limitation for Table 9.3115. *** (3) Rowhouses. Rowhouses are not required to comply with the density requirements for other types of residential development. Rowhouses shall comply with the following: (a) Maximum Building Size. Eight rowhouses in a building, no more than 180 feet in total width. (b) Minimum Interior or Rear Open Space Required. 400 square feet per rowhouse with a minimum smallest dimension of 14 feet. (c) Access. Vehicular access and garages must be provided from an alley located to the rear of the rowhouses, not from the primary street. (4) Alley. Required for vehicular access and parking, no motor vehicle access in front of lot. *** 9.3125 S-CN Chase Node Special Area Zone Development Standards. (1) Page 24 of 48 MIDDLE HOUSING CODE UPDATE DRAFT AMENDMENTS 6.24.21 S-CN Chase Node Special Area Zone | Eugene Code Page 4 of 4 (a) Application of Standards. Except as provided in subsection (b) below, inIn addition to the special use limitations in EC 9.3116 and the development standards in EC 9.3125 to 9.3126, the Special Development Standards for Certain Uses in EC 9.5000 through EC 9.5850 and General Standards for All Development in section 9.6000 through 9.6885 apply within this zone. In the event of a conflict between those general development standards and the development standards in EC 9.3125 to 9.3126, the specific provisions of EC 9.3125 to 9.23126 shall control. (b) Middle Housing Standards. All middle housing development in the S-CN special area zone shall be exempt from the development standards in EC 9.3125 to 9.3126, and shall instead be subject to the development standards established for the R-4 zone in EC 9.2750 to 9.2751. (cb) Adjustment. The development standards in subsections (2) and (3) of this section may be adjusted in accordance with EC 9.8030(18). *** Page 25 of 48 MIDDLE HOUSING CODE UPDATE DRAFT AMENDMENTS 6.24.21 S-DW Downtown Westside Special Area Zone | Eugene Code Page 1 of 3 S-DW Downtown Westside Special Area Zone Changes proposed to implement House Bill 2001 9.3200 Purpose of S-DW Downtown Westside Special Area Zone. The special area zone applied to the Downtown Westside area is intended to achieve the following objectives: (1) Maintenance of the primary residential use and character of the area through rehabilitation of existing residential structures and additional high-density residential development as the primary land use in the area. (2) Provision for existing office and small commercial uses as well as some limited additional office and small commercial development in the area, provided such uses are secondary to the primary residential land use in the area. (3) Retention of major landscape features that enhance the character of the area. *** 9.3210 S-DW Downtown Westside Special Area Zone – Land Use and Permit Requirements. The following Table 9.3210 S-DW Downtown Westside Special Area Zone Uses and Permit Requirements identifies those uses in the S-DW zone that are: (P) Permitted, subject to zone verification. (C) Subject to an approved conditional use permit or an approved final planned unit development. (S) Permitted subject to zone verification and the Special Development Standards for Certain Uses beginning at EC 9.5000. Page 26 of 48 MIDDLE HOUSING CODE UPDATE DRAFT AMENDMENTS 6.24.21 S-DW Downtown Westside Special Area Zone | Eugene Code Page 2 of 3 (#) The numbers in ( ) in the table are uses that have special use limitations described in EC 9.3211. Examples listed in Table 9.3210 are for informational purposes and are not exclusive. Table 9.3210 does not indicate uses subject to Standards Review. Applicability of Standards Review procedures is set out at EC 9.8465. Table 9.3210 S-DW Downtown Westside Special Area Zone Uses and Permit Requirements S-DW *** Residential Dwellings (All dwellings types are permitted if approved through the Planned Unit Development process.) One-FamilySingle Detached Dwelling (1 Per Lot) P Accessory Dwelling (1 Per Single Detached One-Family Dwelling On Same Lot) P Rowhouse (One-Family on Own Lot Attached to Adjacent Residence on Separate Lot PS with Garage or Carport Access to the Rear of the Lot) (See EC 9.5550) Duplex P Tri-plex (Three-Family Attached on Same Lot) PS Four-plex (Four Family Attached on Same Lot) PS Cottage Cluster (On Single Lot or on Individual Lots via Land Division) (See EC 9.5550) S Multiple-FamilyUnit (35 or More Dwellings on Same Lot) (See EC 9.5500) PS *** *** 9.3215 S-DW Downtown Westside Special Area Zone Development Standards. (1) Application of Standards. Except as provided in subsection (1)(a) below, inIn addition to applicable provisions contained elsewhere in this land use code, the development standards Page 27 of 48 MIDDLE HOUSING CODE UPDATE DRAFT AMENDMENTS 6.24.21 S-DW Downtown Westside Special Area Zone | Eugene Code Page 3 of 3 listed in Table 9.3215 S-DW Downtown Westside Special Area Zone Development Standards in this section, and in EC 9.3216 Special Development Standards for Table 9.3215 shall apply to all development within this zone. In cases of conflict, the development standards specifically applicable in the S-DW special area zone shall apply. (a) Middle Housing Standards. All middle housing development in the S-DW special area zone shall be exempt from the development standards in EC 9.3215 to 9.3216. (2) Residential Standards. Except as provided in this section or EC 9.3216 Special Development Standards for Table 9.3215, all residential development shall be subject to the standards established for the R-4 zone. Accessory dwellings shall be subject to the R-4 standards, except EC 9.2751(17). *** 9.3220 S-DW Downtown Westside Special Area Zone Lot Standards. The following Table 9.3220 sets forth lot standards within the S-DW zone. The numbers in ( ) are references to special limitations that are set forth in EC 9.3221. All middle housing development in the S-DW special area zone shall be exempt from the lot standards in EC 9.3220 to 9.3221, and shall instead be subject to the lot standards established for the R-4 zone in EC 9.2760 to 9.2777. *** Page 28 of 48 MIDDLE HOUSING CODE UPDATE DRAFT AMENDMENTS 6.24.21 S-E Elmira Road Special Area Zone | Eugene Code Page 1 of 3 S-E Elmira Road Special Area Zone Changes proposed to implement House Bill 2001 9.3300 Purpose of S-E Elmira Road Special Area Zone. The purpose of the S-E Elmira Road Special Area Zone is to allow a mix of low- and medium- density residential uses and a limited range of commercial uses. The S-E zone is also intended to achieve the following, more specific purposes: (1) Allow use of existing non-residential structures on property and the development of complementary structures for video, audio, and film production related purposes. (2) Ensure that non-residential uses of property are compatible with adjacent residential areas, both on and off the development site to which the S-E zone is applied. (3) Ensure that portions of the area zoned S-E Elmira Road are kept available for residential development. (4) Ensure that development within the S-E zone is developed in a manner compatible with the surrounding neighborhood. *** 9.3310 S-E Elmira Road Special Area Zone – Land Use and Permit Requirements. The following Table 9.3310 S-E Elmira Road Special Area Zone Uses and Permit Requirements identifies those uses in the S-E zone that are: (P) Permitted, subject to zone verification. (SR) Permitted, subject to an approved site review plan or an approved final planned unit development. Page 29 of 48 MIDDLE HOUSING CODE UPDATE DRAFT AMENDMENTS 6.24.21 S-E Elmira Road Special Area Zone | Eugene Code Page 2 of 3 (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 zone verification and 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 9.3311. The examples listed in Table 9.3310 are for informational purposes and are not exclusive. Table 9.3310 does not indicate uses subject to Standards Review. Applicability of Standards Re view procedures is set out at EC 9.8465. Table 9.3310 S-E Elmira Road Special Area Zone Uses and Permit Requirements S-E *** Residential Dwellings One-FamilySingle Detached Dwelling (1 Per Lot) P Accessory Dwelling (1 Per Single Detached One-Family Dwelling on Same P Lot) Rowhouse (One-Family on Own Lot Attached to Adjacent Residence on PS Separate Lot with Garage or Carport Access to the Rear of the Lot) See EC 9.5550 Duplex (Two-Family Attached on Same Lot) P Triplex (See EC 9.5550) S Fourplex (See EC 9.5550) S Cottage Cluster (On Same Lot or on Individual Lots via Land Division) (See S EC 9.5550) Multiple Family Unit (35 or More Dwellings on Same Lot) (See EC 9.5500) PUD *** Page 30 of 48 MIDDLE HOUSING CODE UPDATE DRAFT AMENDMENTS 6.24.21 S-E Elmira Road Special Area Zone | Eugene Code Page 3 of 3 *** 9.3315 S-E Elmira Road Special Area Zone Development and Lot Standards. In addition to applicable provisions contained elsewhere in this land use code, the development standards listed in subsections (1) to (3) of this section shall apply to all development in the S-E zone. In cases of conflict, the standards specifically applicable in the S-E zone shall apply: (1) All residential development shall be governed by the general standards applied to the R-1 zone. (2) All non-residential development shall be governed by the general standards applied to the GO zone, with the exception that all buildings shall conform with the height limitations of the R- 1 zone. Any new non-residential structure shall be set back a minimum of 25 feet from the exterior boundaries of the development site. (3) Signing for the residential portions of the development site shall be governed by EC 9.6650 Residential Sign Standards; signing for non-residential portions of the development site shall be governed by EC 9.6655 General Office Sign Standards. Page 31 of 48 MIDDLE HOUSING CODE UPDATE DRAFT AMENDMENTS 6.24.21 S-HB Blair Boulevard Historic Commercial Special Area Zone | Eugene Code Page 1 of 2 S-HB Blair Boulevard Historic Commercial Special Area Zone Changes proposed to implement House Bill 2001 9.3500 Purpose of S-HB Blair Boulevard Historic Commercial Special Area Zone. The purpose of the S-HB zone is to permit, after appropriate review, the use of historically significant buildings and sites for a range of permitted uses not otherwise found in a base zone, and to preserve these buildings where their maintenance and productive use would not otherwise be economically practical, and a standard zone classification would be inappropriate. Historic landmark designation helps to preserve the city’s heritage. Recognition of landmarks enhances the beautification of the city, promotes the city’s economic health, and preserves the values of these properties. Regulation of designated landmarks provides a means to review changes and ensure that historic and architectural values are preserved. 9.3505 Description of S-HB Blair Boulevard Historic Commercial Special Area Zone. The S-HB was designated on March 10, 1993, and in order to encourage compatibility and continuity with the area’s historic ambience and character, the design standards in EC 9.3515 are applicable to all properties within the zone. 9.3510 S-HB Blair Boulevard Historic Commercial Special Area Zone Uses. The S-HB zone designation is based on the area’s association with the city’s working class and the mix of residential, commercial and light industrial uses within the zone. The S-HB zone is the commercial core of the residential districts located to the east and west of the zone. The Whiteaker Plan Land Use Diagram reflects four underlying land use designations for this zone Page 32 of 48 MIDDLE HOUSING CODE UPDATE DRAFT AMENDMENTS 6.24.21 S-HB Blair Boulevard Historic Commercial Special Area Zone | Eugene Code Page 2 of 2 of residential, commercial, mixed use, and parks. Uses permitted within the S-HB zone are as follows: (1) Areas Designated for Low and Medium Density Residential. Allowable uses are: (a) One-familySingle Detached dwellings. (b) Accessory Dwelling (1 Per Detached One-FamilySingle Detached Dwelling on Same Lot). (c) Rowhouses. (cd) Duplexes. (de) Triplexes. (ef) Four-plexes. (g) Cottage Clusters. (fh) Multiple-familyunit dwellings. (gi) Home occupations. (hk) Bed and breakfast facilities. *** Page 33 of 48 MIDDLE HOUSING CODE UPDATE DRAFT AMENDMENTS 6.24.21 S-JW Jefferson Westside Special Area Zone | Eugene Code Page 1 of 2 S-JW Jefferson Westside Special Area Zone Changes proposed to implement House Bill 2001 9.3600 Purpose of S-JW Jefferson Westside Special Area Zone. The overarching purpose of the S-JW zone is to prevent residential infill that would significantly diminish, and to encourage residential infill that would enhance the stability, quality, positive character, livability and natural resources of the encompassed residential areas. More specifically, the purposes of this zone include: *** 9.3615 S-JW Jefferson Westside Special Area Zone Land Use and Permit Requirements and Special Use Limitations. The land use and permit requirements and special use limitations applicable in the S-JW Jefferson Westside Special Area Zone shall be those set out at EC 9.2740 and EC 9.2741 for uses in the R-2 zone, except: (1) The following uses listed on Table EC 9.2740 are prohibited in the S-JW Jefferson Westside Special Area Zone: (a) Correctional Facilities. (b) C-1 Neighborhood Commercial Zone permitted uses, unless such a use is specifically listed in another row on Table 9.2740 as an allowable use under the “R-2” column. (2) Any additional (interior, attached or detached) residential structure that is used in connection with or that is accessory to a single family detached dwelling may be permitted on a lot only as an additional “One-FamilySingle Dwelling” and not as an “Accessory Dwelling.” (Section 9.3615 added by Ordinance No. 20449, enacted December 14, 2009, effective January 16, 2010; amended by Ordinance No. 20625, enacted January 21, 2020, effective February 22, 2020.) Page 34 of 48 MIDDLE HOUSING CODE UPDATE DRAFT AMENDMENTS 6.24.21 S-JW Jefferson Westside Special Area Zone | Eugene Code Page 2 of 2 9.3625 S-JW Jefferson Westside Special Area Zone Development Standards. (1) Application of Standards and Adjustment. (a) Application of Standards. Except as provided in subsection (b) below, inIn addition to the special use limitations in EC 9.3615 and the development standards in EC 9.3625 to 9.3640 and EC 9.5000 to 9.5850, the General Standards for All Development in EC 9.6000 through 9.6885 apply within this zone. In the event of a conflict between those general development standards and the development standards in EC 9.3625 to 9.3640, the provisions of EC 9.3625 to 9.3640 shall control. (b) Middle Housing Standards. All middle housing development in the S-JW special area zone shall be exempt from the development standards in EC 9.3625, 9.3626, and 9.3640, and shall instead be subject to the development standards established for the R-2 zone in EC 9.2750 to 9.2751. (cb) Adjustment. The development standards in subsections EC 9.3625(6) regarding driveway width and EC 9.3625(3)(a)(2)(b) regarding primary vehicle access may be adjusted in accordance with EC 9.8030(26). For sites zoned S-JW Special Area Zone, these are the only standards that may be adjusted. *** 9.3630 S-JW Jefferson Westside Special Area Zone Lot Standards. The following Table 9.3630 sets forth S-JW Jefferson Westside Special Area Zone lot standards, subject to the special standards in EC 9.3631. All middle housing development in the S-JW special area zone shall be exempt from the lot standards in EC 9.3630 to 9.3631, and shall instead be subject to the lot standards established for the R-2 zone in EC 9.2760 to 9.2777. *** Page 35 of 48 MIDDLE HOUSING CODE UPDATE DRAFT AMENDMENTS 6.24.21 S-RN Royal Node Special Area Zone | Eugene Code Page 1 of 7 S-RN Royal Node Special Area Zone Changes proposed to implement House Bill 2001 9.3800 Purpose of S-RN Royal Node Special Area Zone. The special area zone applied to the Royal Node area is intended to ensure that: *** (14) Residential garages shall be provided access from alleys whenever possible to improve the visual character of the street, improve pedestrian qualities along the street, and to promote construction of small-lot single familydetached housing with reduced lot widths; (15) Multi-familyunit developments shall retain visual and physical links to adjacent public parks and natural areas and preserve unique natural features found on the site; (16) Multi-familyunit developments shall front onto public and private streets with building entrances visible from the street; (17) Setbacks and building designs for multi-familyunit developments shall insure privacy for and promote compatibility with abutting lower intensity uses; (18) Vehicle parking lots or areas shall not be located between buildings and the public street; (19) Large parking areas shall be separated into smaller lots to minimize their visual impact; (20) Vehicle access points for multi-familyunit, commercial, and mixed-use developments shall connect to local or collector streets, via alleys whenever possible, rather than arterial streets; *** Page 36 of 48 MIDDLE HOUSING CODE UPDATE DRAFT AMENDMENTS 6.24.21 S-RN Royal Node Special Area Zone | Eugene Code Page 2 of 7 9.3810 S-RN Royal Node Special Area Zone Land Use and Permit Requirements. The following Table 9.3810 S-RN Royal Node Special Area Zone Uses and Permit Requirements identifies those uses in the S-RN zone that are: (P) Permitted, subject to zone verification. (C) Subject to an approved conditional use permit. (S) Permitted subject to zone verification and the Special Development Standards for Certain Uses beginning at EC 9.5000. (SR) Permitted, subject to an approved site review plan or approved final planned unit development. (#) The numbers in ( ) in the table are uses that have special use limitations described in EC 9.3811 Special Use Limitations for Table 9.3810. Examples listed in Table 9.3810 are for informational purposes and are not exclusive. Table 9.3810 does not indicate uses subject to Standards Review. Applicability of Standards Review procedures is set out at EC 9.8465. Table 9.3810 S-RN Royal Node Special Area Zone Land Uses and Permit Requirements LDR MDR RMU CMU MSC *** Residential Dwellings. (All dwellings shall meet minimum and maximum density requirements for development within the Royal Specific Plan area. All dwelling types are permitted.) Page 37 of 48 MIDDLE HOUSING CODE UPDATE DRAFT AMENDMENTS 6.24.21 S-RN Royal Node Special Area Zone | Eugene Code Page 3 of 7 Table 9.3810 S-RN Royal Node Special Area Zone Land Uses and Permit Requirements LDR MDR RMU CMU MSC One-FamilySingle Detached P P P Dwelling (1 Per Lot, includes zero lot line dwellings) Accessory Dwelling (1 Per P(1) P(1) P(1) Single Detached One- Family Dwelling on Same Lot) Rowhouse (One-Family on SP(2) (3) SP(2) (3) SP(2) (3) SP(2) (3) SP(2) (3) Own Lot Attached to Adjacent Residence on Separate Lot with Garage or Carport Access to the Rear of the Lot) See EC 9.5550 Duplex (Two-Family P P P Attached on Same Lot) Tri-plex (Three family PS PS PS PS attached on the same lot) See EC 9.55009.5550 Four-plex (Four-Family PS PS PS Attached on Same Lot) See EC 9.55009.5550 Cottage Cluster (On Same S S S Lot or on Individual Lots via Land Division) See EC 9.55550 Multiple-FamilyUnit (35 or S(3) (9) S(3) (9) S(3) (9) S(3) (9) S(3) (9) More Dwellings on Same Lot) See EC 9.5500 Manufactured Home Park. S – SR (4) S – SR (4) Shall comply with EC 9.5400 or site review. Page 38 of 48 MIDDLE HOUSING CODE UPDATE DRAFT AMENDMENTS 6.24.21 S-RN Royal Node Special Area Zone | Eugene Code Page 4 of 7 Table 9.3810 S-RN Royal Node Special Area Zone Land Uses and Permit Requirements LDR MDR RMU CMU MSC Controlled Income and S (9) S (9) Rent Housing where density is above that normally permitted in the zoning district but does not exceed 150% of the maximum permitted density. (Shall comply with multiple-familyunit standards in EC 9.5500.) *** 9.3811 Special Use Limitations for Table 9.3810. *** (2) Rowhouses. Rowhouses shall comply with the following: (a) Maximum Building Size. Eight rowhouses in a building, no more than 180 feet in width. (b) Minimum Interior or Rear Open Space Required. 400 square feet per rowhouse with a minimum smallest dimension of 14 feet. (c) Auto Access and Parking. Auto access and parking shall be provided from an alley to the rear of the lot; there shall be no auto access from the front of the lot. (211) Separation between Retail Marijuana Uses. No portion of the premises of a retail marijuana use may be located within 1,000 feet from the premises of another retail marijuana use. (a) “Premises” means the location of a retail marijuana use described in a license issued by the Oregon Liquor Control Commission pursuant to ORS 475B.105. Page 39 of 48 MIDDLE HOUSING CODE UPDATE DRAFT AMENDMENTS 6.24.21 S-RN Royal Node Special Area Zone | Eugene Code Page 5 of 7 (b) “Retail Marijuana Use” means a recreational marijuana retail facility licensed by the Oregon Liquor Control Commission pursuant to ORS 475B.105. (c) “Within 1,000 Feet” means a straight line measurement in a radius extending for 1,000 feet or less in every direction from the closest point anywhere on the premises of a retail marijuana use to the closest point anywhere on the premises of another retail marijuana use. (3) Alley Access. This use is permitted only if there is an alley that can provide auto access and parking. There shall be no auto access in front of the lot. *** (9) Multiple-FamilyUnit Structures. On development sites that will result in 100 feet or more of public or private street frontage, at least 60% of the site frontage abutting the street (including required yards) shall be occupied by a building(s) or enhanced pedestrian space with not more than 20 percent of the 60 percent in enhanced pedestrian space, placed within 10 feet of the minimum front yard setback line. On development sites with less than 100 feet of public or private street frontage, at least 40% of the site width shall be occupied by a building(s) placed within 10 feet of the minimum front yard setback line. Building projections and offsets with an offset interval of 10 feet or less meet this standard (excluding required yards). “Site width” as used in this standard, shall not include areas of street frontage that have significant natural resources as mapped by the city, delineated wetlands, slopes greater than 15%, recorded easements, required fire lanes or other similar non-buildable areas, as determined by the planning director. (10) An adjustment may be made to the special use limitations in this section if consistent with the criteria in EC 9.8030(17). (11) Separation between Retail Marijuana Uses. No portion of the premises of a retail marijuana use may be located within 1,000 feet from the premises of another retail marijuana use. (a) “Premises” means the location of a retail marijuana use described in a license issued by the Oregon Liquor Control Commission pursuant to ORS 475B.105. Page 40 of 48 MIDDLE HOUSING CODE UPDATE DRAFT AMENDMENTS 6.24.21 S-RN Royal Node Special Area Zone | Eugene Code Page 6 of 7 (b) “Retail Marijuana Use” means a recreational marijuana retail facility licensed by the Oregon Liquor Control Commission pursuant to ORS 475B.105. (c) “Within 1,000 Feet” means a straight line measurement in a radius extending for 1,000 feet or less in every direction from the closest point anywhere on the premises of a retail marijuana use to the closest point anywhere on the premises of another retail marijuana use. 9.3815 S-RN Royal Node Special Area Zone Development Standards – General. (1) (a) Application of Standards. Except as provided in subsection (b) below, inIn addition to the special use limitations in EC 9.3811 and the development standards in EC 9.3815 to EC 9.3823, the Special Development Standards for Certain Uses in EC 9.5000 through EC 9.5850 and General Standards for All Development in EC 9.6000 through 9.6885 apply within this zone. In the event of a conflict between those general development standards and the development standards in EC 9.3815 to EC 9.3823, the specific provisions of EC 9.3815 to EC 9.3823 shall control. (b) Middle Housing Standards. All middle housing development in the S-RN/LDR, S- RN/MDR, and S-RN/RMU subareas shall be exempt from the development standards in EC 9.3815 to 9.3816. Middle housing shall instead be subject to the development standards established for residential zones in EC 9.2750 to 9.2751 as follows: 1. S-RN/LDR: R-1 zone 2. S-RN/MDR: R-2 zone 3. S-RN/RMU: R-2 zone (cb) Adjustment. The development standards in subsections (2) and (3) of this section may be adjusted in accordance with EC 9.8030(17). *** Page 41 of 48 MIDDLE HOUSING CODE UPDATE DRAFT AMENDMENTS 6.24.21 S-RN Royal Node Special Area Zone | Eugene Code Page 7 of 7 (e) Multi-FamilyUnit Development. With the following exceptions, Multi-FamilyUnit Development Standards in EC 9.5500 shall be applied to new multi-familyunit development within the S-RN Special Area Zone: *** (c) Front Porches. Within the LDR subarea, front porches shall be provided on the ground floor of all dwelling units, other than multi-familyunit dwelling units. Front porches shall be a minimum of 6 feet deep by 10 feet wide (a minimum of 60 square feet). A minimum of 60% of each porch shall be covered to provide weather protection. *** (h) Landscaping Standards. In addition to the landscape standards beginning with EC 9.6200 Purpose of Landscape Standards, and for multi-familyunit development in EC 9.5500(8), the following standards apply to Commercial Mixed-Use area developments in the RMU, CMU and MSC subareas: *** 9.3822 S-RN Royal Node Special Area Zone Lot Standards. The following Table 9.3822 sets forth lot standards within the S-RN zone. The numbers in () are references to special limitations that are set forth in EC 9.3823. All middle housing development in the S-RN/LDR, S-RN/MDR, and S-RN/RMU subareas shall be exempt from the lot standards in EC 9.3822 to 9.3823. Middle housing shall instead be subject to the lot standards established for residential zones in EC 9.2760 to 9.2777 as follows: 1. S-RN/LDR: R-1 zone 2. S-RN/MDR: R-2 zone 3. S-RN/RMU: R-2 zone *** Page 42 of 48 MIDDLE HOUSING CODE UPDATE DRAFT AMENDMENTS 6.24.21 S-W Whiteaker Special Area Zone | Eugene Code Page 1 of 3 S-W Whiteaker Special Area Zone Changes proposed to implement House Bill 2001 9.3900 Purpose of S-W Whiteaker Special Area Zone. The purpose of the S-W Whiteaker Special Area Zone is to encourage the economic vitality of the area for employment and industrial, institutional, and commercial uses while also allowing a mix of residential dwellings. This zone has a broad range of permitted uses. No single use is mandated or required within the area and the zone encourages both a mixture of uses within a building as well as within a block. The mix of land uses and increase in residential density and employment opportunities is designed to provide a place for people to live and work in the same area. It is intended that the character of the zone develop so that the diversity of uses are enhanced and tied together with various forms of usable public and private open space where there is pedestrian-oriented activity. Appropriate intermingling of structures, street amenities, and major landscape features will be necessary in order to integrate older development with newer development. Development within the zone will occur incrementally over time and this zoning will help ensure a coordinated effort is undertaken to improve the area by the public and private sectors. The S-W zone is also designed to: *** 9.3910 S-W Whiteaker Special Area Zone – Land Use and Permit Requirements. The following Table 9.3910 S-W Whiteaker Special Area Zone Uses and Permit Requirements identifies those uses in the S-W zone that are: (P) Permitted, subject to zone verification. (SR) Permitted, subject to an approved site review plan or an approved final planned unit development. Page 43 of 48 MIDDLE HOUSING CODE UPDATE DRAFT AMENDMENTS 6.24.21 S-W Whiteaker Special Area Zone | Eugene Code Page 2 of 3 (C) Subject to conditional use permit or an approved final planned unit development. (PUD) Permitted, subject to an approved final planned unit development. (S) Permitted subject to zone verification and 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 9.3911. Examples of uses in Table 9.3910 are for informational purposes and not exclusive. Table 9.3910 does not include uses subject to Standards Review. Applicability of Standards Review procedures is set out at EC 9.8465. Table 9.3910 S-W Whiteaker Special Area Zone Uses and Permit Requirements S-W *** Residential Dwellings One-FamilySingle Detached Dwelling P(2) Accessory Dwelling (1 Per Single Detached One-Family Dwelling on Same Lot) P(2) Rowhouse (One-Family on Own Lot Attached to Adjacent Residence on Separate Lot SP(2) with Garage or Carport Access to the Rear of the Lot) (See EC 9.5550) Duplex (Two-Family Attached on Same Lot) (See EC 9.5550) SP(2) Tri-plex (Three-Family Attached on Same Lot) (See EC 9.5550) SP(2) Fourplex (See EC 9.5550) S(2) Cottage Cluster (On Same Lot or on Individual Lots via Land Division) (See EC 9.5550) S(2) Multiple FamilyUnit Dwelling (35 or More Dwellings on Same Lot) (See EC 9.5500) SP(2) *** *** Page 44 of 48 MIDDLE HOUSING CODE UPDATE DRAFT AMENDMENTS 6.24.21 S-W Whiteaker Special Area Zone | Eugene Code Page 3 of 3 9.3915 S-W Whiteaker Special Area Zone Development and Lot Standards. Except as provided in subsections (5) to (13) of this section, sections 9.6000 to 9.6885 General Standards for All Development in this land use code shall apply within this S-W zone. In the event of a conflict between the general development standards of this land use code and the standards set forth in this section, the specific provisions of this section shall control. (1) Residential Standards. Except as provided in subsections (5) to (13) of this section, all residential development shall be subject to the standards established for the C-2 zone. *** (8) Lot Area. Except for middle housing, Eeach lot or development site shall have a minimum area of 4,500 square feet. However, lot area, frontage, and width minimums may be adjusted by the planning director if consistent with the purpose and intent of this land use code and necessary and suitable within the zone. Middle Housing shall comply with the lot standards set forth in EC 9.2760 Residential Zone Lot Standards for the R-4 zone. *** Page 45 of 48 MIDDLE HOUSING CODE UPDATE DRAFT AMENDMENTS 6.24.21 Adjustment Review | Eugene Code Page 1 of 3 Adjustment Review Changes proposed to implement House Bill 2001 9.8015 Adjustment Review – Purpose. The adjustment review process is intended to: (1) Encourage design proposals that respond to the intent of the code and creatively meet or exceed the specific development standards. (2) Allow adjustment to the development standards in an efficient and effective manner. *** 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: *** (37) Middle Housing Standards Adjustment. Where EC 9.5550 provides that standards applicable to triplexes, fourplexes, rowhouses, or cottage clusters may be adjusted, approval of the request shall be given if the applicant demonstrates consistency with all of the following, as applicable: (a) Entry Orientation. The requirements set forth in EC 9.5550(4)(a) may be adjusted if the proposal creates building orientations and entrances that achieve all of the following: 1. Enhance public safety for residents and visitors and provide opportunities for community interaction; MIDDLE HOUSING CODE UPDATE Page 46 of 48 DRAFT AMENDMENTS 6.24.21 Adjustment Review | Eugene Code Page 2 of 3 2. Ensure that the main entrance is visible or clearly identifiable from the street or from common open spaces by its orientation or articulation; and 3. Ensure that pedestrians can easily find the main entrance, and so establish how to enter the residence. (b) Windows. The requirements set forth in EC 9.5550(4)(b) may be adjusted if the proposal achieves all of the following: 1. Enhances public safety by allowing people to survey their neighborhood from inside their residences; and 2. Provides a more pleasant pedestrian environment by preventing large expanses of blank facades along streets. (c) Garages, Off-Street Parking Areas, and Driveways for Triplexes and Fourplexes. The requirements set forth in EC 9.5550(5)(a) and (b) may be adjusted if the proposal achieves the following: 1. Supports a pedestrian-friendly street environment by minimizing the visual and safety impacts of garages, parking areas, and vehicle circulation areas. (d) Rowhouse Unit Definition. The requirements set forth in EC 9.5550(6)(a) may be adjusted if the proposed building design: 1. Utilizes architectural masses, features or details to distinguish elements of the building. 2. Defines entryways in appropriate scales. (e) Rowhouse Driveway Access and Parking. The requirements set forth in EC 9.5550(6)(b) may be adjusted if the proposal achieves the following: 1. Supports a pedestrian-friendly street environment by minimizing the visual and safety impacts of garages, parking areas, and vehicle circulation areas. (f) General Standards for Cottage Clusters. The requirements set forth in EC 9.5550(7)(a) may be adjusted if the proposal achieves all of the following: 1. Promotes quality development; MIDDLE HOUSING CODE UPDATE Page 47 of 48 DRAFT AMENDMENTS 6.24.21 Adjustment Review | Eugene Code Page 3 of 3 2. Provides a sense of openness and community of residents; 3. Enhances the livability, walkability, and safety of the community; and 4. Promotes compatibility with adjacent properties, in terms of the scale of buildings and of the overall development. (g) Cottage Cluster Orientation Standards. The requirements set forth in EC 9.5550(7)(b) may be adjusted if the proposal achieves all of the following: 1. Provides a sense of community within a cottage cluster; and 2. Ensures that each dwelling has access to a common courtyard. (h) Common Courtyard Design Standards. The requirements set forth in EC 9.5550(7)(c) may be adjusted if the requested adjustment will allow the project to achieve an equivalent or higher quality design of open space than would result from strict adherence to the standards through: a. Enhanced spaces that contribute positively to the site, streetscape, and adjoining properties. Design elements for this purpose may include high quality materials, outdoor seating, enhanced pedestrian space, pedestrian-scaled lighting, canopy trees and other landscape materials and other user amenities; and b. An overall design that promotes safety and security. (i) Community Building Standards. The requirements set forth in EC 9.5550(7)(d) may be adjusted if the proposal achieves the following: 1. The community building is compatible in scale with dwellings in a cottage cluster. (j) Cottage Cluster Parking Design Standards. The requirements set forth in EC 9.5550(7)(f) may be adjusted if the proposal achieves all of the following: 1. Supports a pedestrian-friendly street environment; and 2. Supports livability for cottage cluster residents by minimizing the impacts of parking areas and garages. MIDDLE HOUSING CODE UPDATE Page 48 of 48 DRAFT AMENDMENTS 6.24.21