<br />Hearings Official Decision (PDT 24-1; ST 24-3) 7 <br />on the number of dwelling units per acre and minimum lot size requirements), as <br />long as those requirements comply with Oregon state law. If an adopted refinement <br />plan policy is inconsistent with this policy, this policy will prevail. <br /> <br />Policy A.9 is further implemented in the Eugene Code at EC 9.2751. EC 9.2751 is part of the <br />City’s Middle Housing Ordinance, which is currently on remand from LUBA. Accordingly, it is <br />currently not in effect.11 However, the language of EC 9.2751, which is not specifically subject <br />to the LUBA remand requirement for additional findings, fully implements the state’s Large <br />Cities Middle Housing Model Code, which applies directly. As directly reflecting and <br />implementing the applicable code, EC 9.2751(1)(b) requires: <br /> <br />EC 9.2751(1)(b): The maximum residential density requirements in Table 9.2750 do <br />not apply to accessory dwellings, duplexes, triplexes, fourplexes, townhouses, or <br />cottage clusters. <br />1. Cottage clusters in the R-1 zone shall have a minimum net density of 4 units per <br />acre. <br />2. Townhouses in the R-1 zone shall have a maximum net density of 25 units per <br />acre. Townhouses in the R-2 zone shall have a maximum net density of 39 units <br />per net acre. <br /> <br />Each of the originally proposed 38 lots has the potential to develop individually with middle <br />housing units. EC 9.2741(4) provides the specific allowances for middle housing within the <br />Special Use Limitations as follows: <br /> <br />EC 9.2741(4)(a): Middle Housing is permitted on the following lots: <br />1. A duplex shall be permitted on: <br />a. Any lot or parcel where a single-unit dwelling is permitted; and <br />b. Any lot or parcel with a lot area that is at least 2,250 square feet. <br />2. A triplex shall be permitted on any lot or parcel with a lot area that is at least <br />3,500 square feet. <br />3. A fourplex shall be permitted on any lot or parcel with a lot area that is at least <br />4,500 square feet. <br />4. A cottage cluster shall be permitted on any lot or parcel with a lot area that is at <br />least 4,500 square feet. <br />5. Individual units of middle housing are permitted on middle housing lots created <br />pursuant to a middle housing land division. <br /> <br />11The City’s original Middle Housing Ordinance (City Ordinance No. 20667) went into effect on June 30, 2022. As <br />required by the state’s Middle Housing Statute, that Ordinance allows for the development of middle housing (i.e., <br />duplex, triplex, fourplex, townhouses and cottage clusters) in areas zoned for re sidential use that allow the <br />development of detached single-unit dwellings. The City’s Middle Housing Ordinance was appealed to the Land <br />Use Board of Appeals. Ultimately, LUBA remanded the ordinance for additional findings regarding compliance <br />with Statewide Planning Goal 11 (Public Facilities and Services). On March 11, 2024, the City Council adopted a <br />revised Middle Housing Ordinance, which included additional findings related to compliance with Goal 11. That <br />Ordinance was in effect when the applicant submitted the subject application. However, LUBA again remanded the <br />City’s Ordinance on July 10, 2024, again determining the City’s findings of compliance with Goal 11 to be <br />deficient. Consequently, pending the City’s final adoption of a Middle Housing Ordinance, the state’s Large Cities <br />Middle Housing Model Code applies directly to all impacted City applications.