Public Comments submitted 4-30-18 to 6-11-18

At the very least, this provision adds to the lack of clarity in the code. At worst, it could end up disallowing additional dwellings that were previously permitted in the S-JW, reducing the housing allowed in the neighborhood and exposing homeowners wishing to build a small additional dwelling on their lot to litigation and appeals. Density Requirements and Violation of the Metro Plan During the course of the Council Work Session, it became clear that one goal of excluding SDUs from S-JW was to preserve a density maximum of approximately 14 units per acre even in the face of potential additional code changes.' However, such a goal is in violation of the Metro Plan, and additional ordinances or code changes to further this goal exacerbates the S-JW's existing non-conformance with the Metro Plan. There is no minimum or maximum density requirements specific to the S-JW; S-JW handles the number of dwellings permitted on particular lots differently than elsewhere in the Eugene Code. The density permitted on an individual lot in the zone varies widely dependent on the lot size.9 The underlying Metro Plan designation of the area is Medium Density, which, according to Metro Plan policy A.910 should have density ranges between 10 and 20 units per gross acre, which can translate to 14.28 to 28.56 units per net acre. The S-JW permits densities well below those guidelines-by including only the maximum dwellings per lot, S-JW permits development at densities lower than the guidelines in the Metro Plan (i.e. a 12,499 square foot lot would be permitted to build a single unit, at a density of 3.49 units per net acre. A 4,499 square foot lot would be prohibited from developing at the minimum density of 14.28 units per net acre.) Furthermore, calculations made at the time of the passage of the S-JW indicate that the maximum possible density in the zone, including all pre-existing development with more dwelling per lots than permitted by the S- JW and presuming that all lots are developed to contain the maximum dwellings allowed, is 14.6 units per net acre.11 However, this does not translate into properties being able to develop to the minimum required by the Metro Plan. Given the square footage of the various lots, the average permitted density is 13 units per acre, and the mean is 12.5 units per acre. Approximately 64% of the lots in the zone are not permitted to develop at densities above 14.28 units per acre, which is the minimum density permitted for Metro-Plan designated medium density areas. neighborhoods. Even if the code permits two dwellings on lots over 6,100 square feet, the specific prohibitions on duplexes prevent that "subset" of dwelling type on most R-1 properties, while continuing to allow two dwellings in a different configuration (for example, a single-family home and SDU) on the lot. ' "With the general density perimeter of 14 units per acre, I think that has the chance to increase density beyond that." Councilor Semple, May 23rd City Council Work Session 9 A 4,499 square foot lot would be permitted to develop to a maximum density of 9.68 units per net acre, while a 6,000 square foot lot would be able to develop at a density of 14.52 units per net acre. to Eugene-Springfield Metropolitan Area General Plan, 2004 Update Policy A.9, page III-A-7 "Establish density ranges in local zoning and development regulations that are consistent with the broad density categories of this plan.... Medium density: Over 10 through 20 dwelling units per gross acre (could translate to over 14.28 units per net acre through 28.56 units per net acre depending on each jurisdictions implementation measures and land use and development codes)" 11 5-JWJefferson Westside Special Area Zone Density and Goal 10 Land Supply Findings, submitted by Paul Conte, October 12, 2009. 15.3 units per net acre including all potential lot divisions