Appeal Materials (2) - Laserfiche WebLink

Eugene Planning Director March 3, 2017 Page 3 owner should be able to add 59 units to the property, whether the development is done under the General track or the Needed Housing track. This application proposes a total of only 37-43 units on the property. (b) The applicant is prohibited by the code from proceeding with its development proposal or any development proposal under the General track standards. Here we describe how the Needed Housing track standards in the code would regulate development on this site. This discussion shows that no development would be allowed if the standards in the Needed Housing track in the code, EC 9.8325, are applied. Please see the attached graphic which shows for the site: property boundaries; presumed legal lots; the protected 30-foot landscape buffer on the perimeter; areas that have slopes that are 20% or steeper; existing contours including the contour at the 900 foot elevation; and existing dwellings. 30-foot landscape buffer: The code requires a 30-foot landscape buffer adjacent to the perimeter of the site. EC 9.8325(3). A 2004 code interpretation stated that the buffer is not required adjacent to streets. LUBA has upheld the validity of this buffer. Walter v. City of Eugene, - Or LUBA _ (LUBA No. 2016-024, June 30, 2016), aff'd without opinion 281 Or App 461 (2016). The graphic shows in green where the 30-foot buffer would be required on this site. No grading on 20% slopes: The code prohibits any grading on slopes of 20% or steeper. The city has interpreted that slope is measured based on 5-foot contour elevations, which are required to be shown on the application documents. See Southeast Neighbors' Neighborhood Assoc. v. City of Eugene, 68 Or LUBA 51, aff'd without opinion 259 Or App 139, 314 P3d 1004 (2013 On the graphic we show in purple the areas of the site that are 20% or steeper, as measured between 2-foot contours. In these areas there can be no development because grading is prohibited. 900-foot elevation development limitation: The code limits development above the 900-foot elevation to just one dwelling unit on any legal lot that existed on August 1, 2001. EC 9.8325(12)(a). This means that the area above the 900-foot contour may not be subdivided for housing. The presumed legal lots above the 900 foot elevation are shown. There are thought to be just 5 legal lots. Of these, 3 already contain one or more dwellings. That leaves the potential for only 2 more dwellings above the 900-foot elevation. However, these two legal lots can't be access for development because the land adjacent to the road that would provide the only access is prohibited from development by the 20% grading limitation. (c) The Needed Housing Statute, ORS 197.307(6), prohibits the City from applying any standards that are not clear and objective. APP A- LTTR 3.3.2017