_____________________________________________________________________________________ <br /> <br />Staff Report | Braewood Hills 3rd Addition (PDT 24-1 & ST 24-3) <br /> <br />The applicable refinement plan is the South Hills Study (SHS), which does not include a land use <br />diagram or land use designations. However, the text of the SHS does set a maximum density of <br />8 units per gross acre for areas west of Friendly Street, where the subject property is located. <br />Although this application proposes 39 lots, one lot (Lot 39) is located entirely above 901 feet <br />and thus is precluded from development by EC 9.8325(8)(a). As such, only the 38 lots located <br />below 901 feet will be considered in calculating residential density throughout this evaluation. <br />The applicant’s proposal for single-unit development on 15.47 acres with 38 lots has a density <br />of 2.45 units per gross acre, which is well within the applicable SHS density limitation. For <br />additional analysis related to the prohibition on development above 901 feet, see the findings <br />below at EC 9.8325(8)(a). The potential for middle housing development on the proposed lots is <br />also addressed below, as relevant under this approval criterion. <br /> <br />On June 30, 2022, Eugene’s Middle Housing Ordinance (City Ordinance No. 20667) went into <br />effect. The ordinance allowed for the development of middle housing (i.e. duplex, triplex, <br />fourplex, townhouse, and cottage cluster types) in areas zoned for residential use that allow for <br />the development of detached single-unit dwellings. Specifically, the ordinance allowed the <br />development of a duplex (two dwellings on a lot or parcel) on any residential lot or parcel that <br />permits the development of a single-unit dwelling. It also allowed the development of the <br />remaining middle housing types (triplex, fourplex, townhouse, and cottage clusters) on <br />residentially zoned properties based on lot size and other specified development standards. <br /> <br />Following its adoption and initial implementation, on October 12, 2023, the Oregon Land Use <br />Board of Appeals (LUBA) remanded Eugene’s Middle Housing Ordinance for additional findings <br />regarding the ordinance’s compliance with Statewide Planning Goal 11 (Public Facilities and <br />Services). On March 11, 2024, the City Council adopted Ordinance No. 20705, an ordinance that <br />is substantively identical to Ordinance No. 20667 and includes additional findings related to <br />compliance with Goal 11. Ordinance No. 20705 became effective on March 12, 2024. Although <br />an appeal of Ordinance No. 20705 has been filed with LUBA, the Board has not yet issued their <br />decision on the appeal and Ordinance No. 20705 remains in effect at this time. These <br />applications were submitted on March 29, 2024, after the effective date of Ordinance No. <br />20705; therefore, the provisions of that ordinance apply to these applications. <br /> <br />Policy A.9 of the Residential Land Use and Housing Element of the Metro Plan provides as <br />follows: <br /> <br />A.9 Establish density ranges in local zoning and development regulations that are <br />consistent with the broad density categories of this plan. <br /> <br />Low density: Through 10 dwelling units per gross acre (could translate up to 14.28 <br />units per net acre depending on each jurisdictions implementation measures and <br />land use and development codes) <br /> <br />Page 8 of 87