Eugene Hearing Official <br />July 31, 2024 <br />Page 4 <br /> <br />zoned for residential use that allow for the development of detached single-family <br />dwellings.” <br /> <br />This mandate originated in HB 2001 sec. 2(3). There are listed exceptions that do not apply here. <br />Here the R-1 residential base zone allows single-family detached dwellings. To comply with the <br />statute, the City must recognize any lot approved in the PUD as having Middle Housing rights. <br /> <br />The MH Rule matches the statute. See OAR 660-046-0205(2): <br /> <br />“A Large City must allow for the development of Triplexes, Quadplexes, <br />Townhouses, and Cottage Clusters, including those created through additions to <br />or conversions of existing detached single-family dwellings, in areas zoned for <br />residential use that allow for the development of detached single-family <br />dwellings.” <br /> <br />The context of the mandate in the Statute and the Rule supports reading the scope of “areas <br />zoned for residential use” to include the subject property’s base zone, not the base zone as <br />qualified by the /PD overlay standards. The broad mandate in ORS 197.420(2) is explicitly <br />subject only to the five exceptions listed in subsection (4). Cities also have authority under <br />subsection (5) to regulate MH under goal protective measures if they elect to. <br /> <br />“Local governments may regulate middle housing to comply with protective <br />measures adopted pursuant to statewide land use planning goals.” <br /> <br />The MH Rule elaborates on these exceptions. OAR 660-04600010(2)-(3). Subsection (3) details <br />what goal protective measures may be applied to regulate MH. As applied to the subject <br />property, the authorized exceptions include the acknowledged Goal 5 regulations implementing <br />the /WR overlay zone, which is the 80-foot corridor protecting the significant Goal 5 stream <br />corridor. <br /> <br />The context above shows that the general applicability of MH rights in the R-1 is subject to <br />specific exceptions that are listed in the Statute and spelled out in greater detail in the Rule. The <br />detail of this framework shows that if the legislature had intended to let cities have carte blanche <br />authority to apply overlay zones to limit MH rights, it would have said that in the statute. <br />Instead, it states a general rule and lists explicit exceptions, none of which anticipates the 901’ <br />open space regulation the City suggests applying here. <br /> <br />The plain, broad reading of the operative phrase “shall allow * * * all middle housing types in <br />areas zoned for residential use that allow for the development of detached single-family