Agenda Packet 2024-07-10 - Laserfiche WebLink

_____________________________________________________________________________________ Staff Report | Braewood Hills 3rd Addition (PDT 24-1 & ST 24-3) discussed in more detail below, a condition of approval prohibiting future development on Lot 39 is necessary and appropriate to ensure compliance with EC 9.8325(8)(a). The applicant’s stated purpose for creating Lot 39 is to develop four (4) future middle housing lots that would be further divided out of Lot 39, as shown on the applicant’s site plan (see Site Plan, L2.0) and described by the applicant as follows: “The conceptual plan for Lot 39 shows four Middle Housing lots, which will require a Middle Housing Land Division under ORS 92.131 in the future. A Middle Housing Land Division is feasible for Lot 39 because the Middle Housing Model Code applies directly. (Ordinance No. 20667 (eff. June 25, 2022) added the reference to “middle housing” and changed “900 feet” to “901 feet.” That ordinance was remanded, as discussed above. Effective with the remand, the former standard applies: ‘No development shall occur on land above an elevation of 901 feet except that one dwelling may be built on any lot in existence as of August 1, 2001.’” The applicant’s statement incorrectly asserts that the standards and criteria in the Large Cities Middle Housing Model Code adopted by the Land Conservation and Development Commission 2 apply to this application instead of applicable Eugene Code provisions. The applicant is wrong for several reasons. First, neither the Tentative PUD nor the Tentative Subdivision application actually propose construction of middle housing or any Middle Housing Land Divisions. All references to middle housing and Middle Housing Land Divisions in the application are conceptual in nature. Therefore, neither the approval criteria applicable to construction of middle housing, nor the criteria applicable to Middle Housing Land Divisions apply directly to these applications. However, if middle housing approval criteria were to apply to these applications, the applicable criteria would be those adopted by Ordinance No. 20705 and included in the Eugene Code; because the Eugene Code included approval criteria for both development of middle housing and for Middle Housing Land Divisions at the time the subject applications were submitted, neither the Large Cities Middle Housing Model Code nor ORS 92.131 apply directly to these applications.3 The City’s Middle Housing and Middle Housing Land Division standards were adopted by the Eugene City Council through Ordinance No. 20705 and took effect on March 12, 2024. As discussed previously, these applications (PDT 24-1 and ST 24-3) were filed on March 29, 2024, after the City’s Middle Housing Ordinance took effect. 2 Exhibit B, OAR 660-046-0010. 3 If a city has not adopted its own code provisions that comply with ORS 197A.420 and OAR Chapter 660, division 46, the Model Middle Housing Code adopted by the Land Conservation and Development Commission applies directly. OAR 660-046-0040(1), (4), (6) and (8). At the time these applications were filed, the City had adopted code provisions consistent with ORS 197A.420, ORS 92.131 and OAR Chapter 660, division 46; therefore, neither the Large Cities Middle Housing Model Code nor ORS 92.131 apply directly to these applications. The applicable approval criteria for these applications are located in the Eugene Code. Page 26 of 87