March 11, 2024 Meeting – Item 6 <br />One of the small changes for consistency with statutory requirements referenced above is an update to the definition of townhouse in the proposed Ordinance included in Attachment A. This issue was briefly discussed at the January 10, 2024, Council work session and the change has been included in response to a piece of testimony submitted by Dylan Lamar on January 10, 2024, that identified an inconsistency between Eugene’s 2022 Middle Housing Ordinance and the statutory requirements for middle housing land divisions. State law provides that all middle housing, including townhouses, qualifies for a middle housing land division. However, due to the way townhouses were defined in the 2022 Middle Housing Ordinance, they were excluded from the middle housing land division process and were required to go through a traditional subdivision process instead. In order to remain consistent with statutory requirements, the 2024 Remand Ordinance includes a surgical fix to the definition of townhouses which will allow middle housing land divisions for townhouses, consistent with state law. The other small change is required for consistency with state law requirements regarding expedited land divisions. Finally, the findings attached to the 2024 Remand Ordinance have been updated to respond to the remand and to public comment regarding compliance with Statewide Planning Goal 11, including public comment received following the Council’s January 10, 2024, work session. <br />Remand Process The Eugene Code does not prescribe a process for City consideration of an ordinance that has been remanded. In making its decision on remand, the City Council will address the relevant approval criteria from the Eugene Code (EC), located in EC 9.7735 and 9.8065, as well as the terms of the remand from LUBA and the Oregon Court of Appeals. The City Council’s process on remand will be a continuation of the 2022 Middle Housing Code Amendments project adoption processes. On January 31, 2024, City staff provided written notice of the February 20, 2024, City Council Public Hearing to interested parties who participated in the process that preceded the adoption of the 2022 Middle Housing Ordinance and to the Department of Land Conservation and Development (DLCD). On the same date, copies of the proposed 2024 Remand Ordinance were posted on the project website and on the City Recorder’s website. City staff have also made hard copies of the proposed 2024 Remand Ordinance available for interested parties to review. Community members are encouraged to send their comments to middlehousingtestimony@eugene-or.gov. Written testimony received on or before February 28, 2024, as well as other record materials, are provided in Attachment B to this Agenda Item Summary. All written comments will continue to be provided to the City Council in batches and included in the record. A paper copy of the record has been placed in the City Manager’s Office for review by City Council, while any interested party may also view record materials on the project website or at the Planning & Development Department at 99 W. 10th Avenue, Eugene, Oregon, 97401. <br /> <br /> <br />PREVIOUS COUNCIL DIRECTION May 24, 2022 Work Session Move to adopt an Ordinance Concerning Middle Housing, including Exhibits A and B attached thereto, as set forth in its entirety as Attachment C to the May 18, 2022, Agenda Item Summary. <br />Motion Passed 8:0 <br />CC Agenda Page 50