HomeMy WebLinkAboutApplication Materials (1-2-20)RECEIVED
Submitted by e-mail on December 31, 2019
y AM Printed copy maild via U.S. Postal Service
Planning
JAN - 2 2020
VCIITY 0 UG°Ne
Please complete the following form and provide the required information. If you have questions about filling out this
application, please contact staff at the Permit and Information Center, 99 West 10" Avenue, Eugene, OR 97401, phone
(541) 682-5377.
Location of Property: 432 West 11th Avenue (tax map and lot: 17-03-31-3100100)
Zoning of Property: C-2 Community Commercial Zone Plan designation Medium Density Residential
Proposed Use of Property, if applicable: Drug Treatment Clinic - Non-residential
Filing Fee
The fee varies depending on staff time to process the request and will be charged once the request is complete. Please
note that the fee must be paid prior to receiving the verification letter. Per the City's Construction & Development fee
schedule, a zone verification is charged at $104.50 per hour plus a 9% Administrative Fee (minimum charge is A hour or
$52.25plus q% administrative fee).
Written Statement
Submit one paper copy and one CD copy (pdf or tiff format) of a written statement describing why the zone verification
is being requested. If applicable, include information describing the proposed use including operating characteristics,
building bulk and size, parking demand, and traffic generation per EC 9.1080. Please note that it is the applicant's
responsibility to make sure that the CD and paper copies are identical.
Note: to request a copy of a certificate of occupancy or building permit information, please contact Inspection Support
staff at 541-682-5283 or ceinspectionsupport @ci.eugene.or.us.
Contact Information
Name (print): Paul T. Conte
1461 W. 10th Ave.
Address:
City/State/Zip: Eugene, OR 97402 E-mail (if
Phone: /1541.34.2552 .100
paul.t.conte@gmail.com
Fax:
Signature:
December 31, 2019
,ti sv..°~r!?ne-or.qu;/plfNi',~r.,.
Planning & Development Updated: July 2019
Planning Division
99 W. 107"1 Avenue, Eugene, OR 97401
Phone: 541.682.5377 or E-mail: plarning0~,u.eugere.or.us page 1 of 1
Statement
Zone Verification is requested to confirm that the "Drug Treatment Clinic - Non-residential" use is not permitted on this
site because such use would conflict with the plan designation as Medium Density Residential (MDR).
As a comprehensive plan "Residential' designation, the MDR designation allows only "Neighborhood Commercial
Facilities," which the Eugene Land Use Code implements as the C-1 Neighborhood Commercial Zone, and which is
encompassed to a limited degree under explicit provisions in Table 9.2740 Residential Zone Land Uses and Permit
Requirements. In addition, the Eugene Land Use Code implements certain specific C-2 uses under explicit provisions of
that same table. There is no provision in the Metro Plan, the Westside Neighborhood Plan, or the Eugene Land Use Code
that would permit the "Drug Treatment Clinic - Non-residential" use on a site that has the MDR designation.
This application is provided in PDF form via e-mail to comply with the ZVR requirements for a PDF version.
A printed copy follows by U.S. Postal Service.
Submitted by e-mail on December 31, 2019
Printed copy maild via U.S. Postal Service
ZONE VERIFICATION
Please complete the following form and provide the required information. If you have questions about filling out this
application, please contact staff at the Permit and Information Center, 99 West 100' Avenue, Eugene, OR 97401, phone
(541) 682-5377.
Location of Property: 432 West 11th Avenue (tax map and lot: 17-03-31-3100100)
Zoning of Property: C-2 Community Commercial Zone Plan designation Medium Density Residential
Proposed Use of Property, if applicable: Drug Treatment Clinic - Non-residential
Filing Fee
The fee varies depending on staff time to process the request and will be charged once the request is complete. Please
note that the fee must be paid prior to receiving the verification letter. Per the City's Construction & Development fee
schedule, a zone verification is charged at $104.50 per hour plus a 9% Administrative Fee (minimum charge is X hour or
$52.25plus 9% administrative fee).
Written Statement
Submit one paper copy and one CD copy (pdf or tiff format) of a written statement describing why the zone verification
is being requested. If applicable, include information describing the proposed use including operating characteristics,
building bulk and size, parking demand, and traffic generation per EC 9.1080. Please note that it is the applicant's
responsibility to make sure that the CD and paper copies are identical.
Note: to request a copy of a certificate of occupancy or building permit information, please contact Inspection Support
staff at 541-682-5283 or ceinspectionsupport@ci.eugene.or.us.
Contact Information
Paul T. Conte
1461 W. 10`h Ave.
Address:
City/State/Zip: Eugene, OR 97402 E-mail (ifapplicable): paul.t.conte@gmail.com
Phone: AJYI./ JYY.LJJL A A Fax:
w
December 31, 2019
2019
99 W. 10^' Avenue, Eugene, OR 97401
Phone: 541.682.5377 or E-mail: planning@ci.eugene.or.us Page i of i
Statement
Zone Verification is requested to confirm that the "Drug Treatment Clinic - Non-residential" use is not permitted on this
site because such use would conflict with the plan designation as Medium Density Residential (MDR).
As a comprehensive plan "Residential' designation, the MDR designation allows only "Neighborhood Commercial
Facilities," which the Eugene Land Use Code implements as the C-1 Neighborhood Commercial Zone, and which is
encompassed to a limited degree under explicit provisions in Table 9.2740 Residential Zone Land Uses and Permit
Requirements. In addition, the Eugene Land Use Code implements certain specific C-2 uses under explicit provisions of
that same table. There is no provision in the Metro Plan, the Westside Neighborhood Plan, or the Eugene Land Use Code
that would permit the "Drug Treatment Clinic - Non-residential" use on a site that has the MDR designation.
This application is provided in PDF form via e-mail to comply with the ZVR requirements for a PDF version
A printed copy follows by U.S. Postal Service.
ZVR xx-x (Conte) Additional application material #1
This material establishes that the Zone Verification approval process is not limited to evaluating only
whether Table 9.2160 Commercial Zone Land Uses and Permit Requirements lists "P" (Permitted)
under the "C-2" column for the "Drug Treatment Clinic - Non-residential" use.
The City's approval process must "evaluate whether a proposed building or land use activity would be a
permitted use or be subject to land use application approval or special standards applicable to the
category of use and the zone of the subject Property". (Underlining added.)
Eugene Code ("EC") 9.1080 Zone Verification. Zone verification is used by the city to evaluate
whether a proposed building or land use activity would be a permitted use or be subject to land use
application approval or special standards applicable to the category of use and the zone of the
subject property. The city may use zone verification as part of the review for a land use application
or development permit, or where required by this land use code. As part of the zone verification,
the planning and development director shall determine whether uses not specifically identified on
the allowed use list for that zone are permitted, permitted subject to an approved conditional use
permit or other land use permit, or prohibited, or whether a land use review is required due to the
characteristics of the development site or the proposed site. This determination shall be based on
the requirements applicable to the zone, applicable standards, and on the operating characteristics
of the proposed use, building bulk and size, parking demand, and traffic generation. Requests for
zone verification shall be submitted on a form approved by the city manager and be accompanied
by a fee pursuant to EC Chapter 2.
Comprehensive plan policies, Statewide Planning Goals, Oregon Revised Statutes, and Federal
Regulations, all impose standards with which a use must conform, regardless of the local zoning
provisions.
Among these superseding regulations, Goal 2 Land Use Planning requires that:
"City, county, state and federal agency and special district plans and actions related to land use
shall be consistent with the comprehensive plans of cities and counties and regional plans
adopted under ORS Chapter 268." OAR 660-015-0000(2) (Emphasis added.)
The Oregon Supreme Court in Baker v. City of Milwaukie (21 OR 500 (1975)) clarified the relationship of
a zoning ordinance and the comprehensive plan, as well as the City's responsibility to ensure the zoning
ordinance is consistent with the comprehensive plan:
"Likewise, the City of Milwaukie, upon adopting a comprehensive plan, had a duty to implement
that plan through the enactment of zoning ordinances in accordance therewith.
"In summary, we conclude that a comprehensive plan is the controlling land use planning
instrument for a city. Upon passage of a comprehensive plan a city assumes a responsibility to
effectuate that plan and conform prior conflicting zoning ordinances to it. We further hold that the
zoning decisions of a city must be in accord with that plan and a zoning ordinance which allows a
more intensive use than that prescribed in the plan must fail." (Emphasis added.)
Thus, the City must evaluate, in the first instance, whether the C-2 Community Commercial Zone
conforms to the comprehensive plan, including to the Metro Plan policies and designation of the subject
property as "Medium Density Residential," as well as to the Westside Neighborhood Plan policies and
designation that "[t]his area shall continue to be recognized as appropriate for medium-density
residential development."
The City recently evaluated a Zone Verification application regarding a proposed use of a site for an
Accessory Dwelling Unit ("ADU"). (See City File #ZVR 18-49 (On Remand)) Throughout the City's final
decision (see accompanying letter dated October 16, 2019), the City relies on regulations that supersede
Eugene Land Use Code and zoning criteria. For example, the City states in its decision:
"the February 2019 decision determined that the proposed use would not be an 'accessory dwelling
unit' based on the definition at ORS 197.312(5)
"The general standards are provided below in bold, followed by the text of the standard from the
Eugene Code and findings addressing ORS 197.312(5)(a)
"Livability is an important Statewide Planning Goal 14 concept
"ORS 197.312(5)(b) specifically makes the allowance of accessory dwellings subject to local
regulations." (Italics in original.)
"Statewide Planning Goal 14 requires all of these things."
"Compliance with the City's NPDES (Clean Water Act) permit is dependent in substantial part on the
City's ability to control the quality and limit the quantity of stormwater that leaves development
sites and that must be conveyed and treated before entering the State's waterways."
Thus, the City cannot escape the requirement to evaluate conformance with the comprehensive plan by
an impermissible, one-off application of the code provisions for this Zone Verification application.
Also noted for the record is the City's final statement:
"Furthermore, this verification is a final determination at the local level and therefore may be
appealed to the Land Use Board of Appeals, in accordance with statutory provisions beginning at
ORS 197.835."
The City's final determination would be appealable and remandable if it does not evaluate conformance
with the comprehensive plan.
Subm'tted n January 1, 2020 by
Paul T. Conte
1461 W. 101h Ave.
Eugene, OR 97402
October 16, 2019
Bill Kloos
Law Office of Bill Kloos PC
375 W. 41h Avenue, Suite 204
Eugene, OR 97401
Subject: Zone Verification - City File #ZVR 18-49 (On Remand)
1515 Orchard Street
Map & Tax Lot #17-03-33-33-03000
Dear Mr. Kloos
This letter is in response to the above-referenced zone verification request, dated December
10, 2018 and the subsequent remand from the Land Use Board of Appeals, regarding the
property in Eugene.
On December 10, 2018, you submitted a zone verification request for the above-referenced
property and stated that the proposed use of the property was to "add one 800 square foot
ADU [accessory dwelling unit]" to this alley access lot. The lot already has one dwelling. You
explained that both dwellings will be rental properties for an out-of-state owner. Your request
for a Zone Verification asks the City to "confirm the rules that the City will apply in reviewing
[your] client's building permit application." At this time, no building permit application has
been submitted.
Zone Verification, pursuant to EC 9.1080, is used "to evaluate whether a proposed building or
land use activity would be a permitted use or be subject to land use application approval or
special standards applicable to the category of use and the zone of the property." The subject
property is zoned R-1 Low Density Residential and meets the Eugene Code definition (EC
9.0500) of "alley access lot" because it abuts an alley and does not have street frontage. It is
located within the boundaries of the Fairmount Neighborhood Association.
The City issued an initial Zone Verification decision on February 7, 2019. That decision
included two determinations. First, it determined that the City Code does not permit the
proposed use at the proposed location because the R-1 Zone regulations allow two houses on
a lot only if one of them is occupied by the land owner. Second, the February 2019 decision
determined that the proposed use would not be an "accessory dwelling unit" based on the
definition at ORS 197.312(5) (so would not be subject to that statute) because the second
house would not be a dwelling that is "used in connection with or that is accessory to [the
existing] single family dwelling." You appealed to the Land Use Board of Appeals (LUBA) and
on June 6, 2019, LUBA issued a decision remanding the application back to the City for
additional work. On June 18, 2019, you filed a request with the City to begin processing the
remand.
City of Eugene • 99 W. 10th Ave. • Eugene, OR 97401 • 541-682-5481 • 541 -682-5572 Fax
www.eugene-or.gov/planning
LUBA's decision rejected the City's determination that the proposed use would not be an
"accessory dwelling unit" based on the definition at ORS 197.312(5). LUBA held that the
,,proposed use of the secondary dwelling as a residential rental unit on the same lot as the
existing single-family dwelling is sufficient to establish that the second dwelling will be used in
connection with the existing dwelling" and that "neither residence must be occupied the
owner." The City understands LUBA's ruling to mean that the City could not deny the
proposed building permit based on an owner-occupancy requirement. Further, it means that
the City could apply only "reasonable local regulations relating to siting and design" pursuant
to ORS 197.312(5)(a). LUBA remanded the Zone Verification back to the City.
This Zone Verification decision evaluates whether the proposed second dwelling would be a
permitted use or be subject to land use application approval or special standards applicable to
the category of use and the zone of the property, based on LUBA's Order. The proposed use is
not subject to a land use approval (e.g. site review, conditional use permit). The proposed use
would be permitted in the zone through a building permit process alone, if the proposal meets
applicable development standards, including special standards that apply in the R-1 Zone and
within the boundaries of the Fairmount Neighborhood Association.
This decision addresses the 1 1 issues you raise in your December 10, 2018 request. It is not a
complete listing of every development standard that would apply.' The general standards are
provided below in bold, followed by the text of the standard from the Eugene Code and
findings addressing ORS 197.312(5)(a) related to whether the identified code provisions are
"reasonable regulations relating to siting and design" and whether the standard would apply to
the proposed request for a building permit if it were submitted today.
Some of the standards addressed below are special standards for secondary dwellings that
apply only in specific University-area neighborhoods. It is reasonable that accessory dwellings
within these areas are subject to specialized area-specific standards. The standards (contained
in EC 9.27510 7)(c)) were adopted as interim protection measures for the existing single-family
neighborhoods surrounding the University of Oregon (Amazon, Fairmount and South
University), which have in recent years experienced a substantial increase in unforeseen
housing development associated with the skyrocketing demand for private student housing in
the proximity of the University. Residents of those neighborhoods supported these
regulations as a way to help make this new development less impactful on the livability of their
neighborhoods. Livability is an important Statewide Planning Goal 14 concept, along with
accommodating the need for compact development.
' Further, this Zone Verification applies current land use code, which may no longer apply when you seek a
building permit. The City Council is currently considering an ordinance to substantially change the land use
code provisions that would apply to your proposal, including the elimination of some standards.
Unfortunately, the statutory deadline for the City's issuance of this Zone Verification decision has arrived
before the Council has taken action on the ordinance, so portions of this decision may be moot by the time
your client applies for a building permit.
1. Prohibition of Secondary Dwellings' on Alley Access Lots
The relevant standards from the Eugene Code provide:
9.2741 Special Use Limitations for Table 9.2740.
(2) Secondary Dwellings. Secondary dwellings are only permitted in R-1 and
are subject to the standards beginning at EC 9.2750, except that new
secondary dwellings are prohibited on alley access lots.
9.2751 Special Development Standards for Table 9.2750.
(18) Alley Access Lots in R-1.
(a) General Standards.
2. Use Regulations. Alley access lots have the same land use
regulations as the base zone except that there is no allowance for
a secondary dwelling.
The prohibition on siting an accessory dwelling on an R-1 lot if the lot does not have street
frontage and can be accessed only from an alley is a regulation relating to siting. It relates
to the location of buildings, specifically those that are proposed for location on an alley; it
relates to the ground that may be occupied by an accessory dwelling.
ORS 197.312(5)(b) specifically makes the allowance of accessory dwellings subject to local
regulations. Although this regulation does make an accessory dwelling a prohibited use on
some lots, it is reasonable because it is necessary to addresses the impacts of a potential
doubling of the number of vehicular trips on city alleys that are not typically improved to a
level to support such traffic. It also helps ensure that the increased densities on these
inherently small lots do not create "livability" issues that arise when residential
neighborhoods become overcrowded with unregulated infill. Livability issues must be
balanced with growth for the welfare of a community's members. Goal 14 is "[t]o provide
for an orderly and efficient transition from rural to urban land, to accommodate urban
populations and urban employment inside urban growth boundaries, to ensure efficient
use of land, and to provide for livable communities." Development on alley access lots can
be more impactful to surrounding properties because they are generally small lots
surrounded by homes on three sides. The existing alleys are within the older
neighborhoods where there is a traditional grid pattern of blocks and streets along with
older homes that limits the location and overall size of alley access lots. The regulation is
an effective way to limit traffic on the city's alleys, many of which are unimproved, and to
address livability concerns associated with overcrowding.
Based on the above findings, this standard would apply to the proposed request.
2. Minimum Lot Size
The relevant standard from the Eugene Code provides:
z Eugene's code does not currently refer to "accessory" dwelling units. Under Eugene's code, an ORS
197.312(5)(b) "accessory dwelling unit" may be allowed in the R-1 zone as a "secondary dwelling." The land
use code defines "secondary dwelling" as "a dwelling unit that is located on the same lot as a primary one-
family dwelling that is clearly subordinate to the primary one-family dwelling, whether a part of the same
structure as the primary one-family dwelling or a detached dwelling unit on the same lot. Either the
secondary dwelling or the primary dwelling must be occupied by the property owner." Based on LUBA's
Order, the City considers the proposed use to be a "secondary dwelling" under the current code, and the City
would not apply the last sentence of the definition.
9.2751 Special Development Standards for Table 9.2750.
(17) Secondary Dwellings in R-1.
(c) Area-Specific Secondary Dwelling Standards. The following standards
apply to all new attached or detached secondary dwellings in the R-1
zone within the city-recognized boundaries of Amazon Neighbors,
Fairmount Neighbors and South University Neighborhood Association:
5. Lot Area. To allow for a secondary dwelling, the lot shall contain
at least 7,500 square feet.
Lot area minimum standards are regulations relating to siting because they set out the
necessary specifications for sites on which a secondary dwelling can (and cannot) be
placed (identifying "the local position of a building to be constructed" or "the space of
ground to be occupied by a building").
Requiring a minimum lot size of 7,500 square feet to site a secondary dwelling in the
university area neighborhoods is reasonable because it provides for little more than
adequate room for both a primary dwelling and a secondary dwelling with a bit of
yard/open space (and possibly parking) in a way that could successfully blend with these
established neighborhoods. The City has a responsibility to balance the need for
housing, the efficient use of land, and the need for its neighborhoods to be livable.
Statewide Planning Goal 14 requires all of these things.
Based on the above findings, this standard would apply to the proposed request
3. Lot Dimensions
The relevant standard from the Eugene Code provides:
9.2751 Special Development Standards for Table 9.2750.
(17) Secondary Dwellings in R-1.
(c) Area-Specific Secondary Dwelling Standards. The following standards
apply to all new attached or detached secondary dwellings in the R-1
zone within the city-recognized boundaries of Amazon Neighbors,
Fairmount Neighbors and South University Neighborhood Association:
2. Lot Dimension. The boundaries of the lot must be sufficient to
fully encompass an area with minimum dimensions of 45 feet by
45 feet.
Contrary to the statements in your December 10, 2018 request, this is not an "open space"
requirement. It is just a lot dimension standard. Lot dimension standards are related to
siting because they set out the necessary specifications for sites on which a secondary
dwelling can be placed (identifying "the local position of a building to be constructed" or
"the space of ground to be occupied by a building").
It is reasonable to limit the siting of secondary dwellings to lots with dimensions that
include a space sufficient to encompass a 45-foot by 45-foot area because it ensures that
an extremely narrow lot, already with a single-family home, will not also have a secondary
dwelling. Such a narrow or odd-shaped lot will already be an anomaly in the neighborhood,
with its existing home inherently locate close to its neighbors. The City has a responsibility
to balance the need for affordable housing and the efficient use of land with the need for
these densely populated university area R-1 neighborhoods to remain livable for all
residents, not just the transitory student population. Livability is an important Statewide
Planning Goal 14 concept, along with accommodating the need for compact development.
Based on the above findings, this standard would apply to the proposed request.
4. Owner-occupancy
Per LUBA's order (LUBA No. 2019-028), a proposal to build a second rental dwelling on the
same lot as an existing rental dwelling meets the definition of an "accessory dwelling unit"
provided in ORS 197.312(5) because location on the same lot is sufficient to show the
second dwelling will be "used in connection with" the first. LUBA made it clear that "neither
residence must be occupied by the owner in order for the residential use of the two
structures to be in connection with each other." As a result, the owner/occupancy
requirements in the City's current code would not apply to the proposed request.
5. Building Size
9.2751 Special Development Standards for Table 9.2750.
(17) Secondary Dwellings in R-1.
(c) Area-Specific Secondary Dwelling Standards. The following standards
apply to all new attached or detached secondary dwellings in the R-1
zone within the city-recognized boundaries of Amazon Neighbors,
Fairmount Neighbors and South University Neighborhood Association:
5. Building Size. For lots at least 7,500 square feet and less than
9, 000 square feet in area, the secondary dwelling shall not exceed
600 square feet of total building square footage. For lots at least
9, 000 square feet in area, the secondary dwelling shall not exceed
800 square feet of total building square footage. Total building
square footage is defined as all square footage inside of the
dwelling, including, but not limited to hallways, entries, closets,
utility rooms, stairways and bathrooms.
Building size is related to design as it affects the layout and plan (the "scheme" for the
construction") of the building. Limiting building square footage to 600 square or 800
square feet (depending on the lot size) for secondary dwellings in the university area
neighborhoods is reasonable because secondary dwellings, by definition (ORS
197.312(5)(a)) must be "used in connection with" or "secondary to" the main dwelling.
The size differential contributes to the secondary nature of the relationship between the
two dwellings. This building size limitation in the university area neighborhoods is similar
to the standard that applies to the remainder of the City. In all areas of the city, 800 square
feet in the maximum building size for secondary dwellings.
Based on the above findings, this standard would apply to the proposed request.
6. Outdoor Storage/Trash
9.2751 Special Development Standards for Table 9.2750.
(17) Secondary Dwellings in R-1.
(b) General Standards for Detached Secondary Dwellings. In addition to
the standards in subsection (a) of this section, detached secondary
dwellings shall comply with the following, except as provided in
subsection (c) below:
4. Outdoor Storage/Trash. Outdoor storage and garbage areas shall
be screened from view from adjacent properties and those across
the street or alley with a minimum 42-inch tall 100-percent site
obscuring fence or enclosure on at least three sides.
(c) Area-Specific Secondary Dwelling Standards. The following standards
apply to all new attached or detached secondary dwellings in the R-1
zone within the city-recognized boundaries of Amazon Neighbors,
Fairmount Neighbors and South University Neighborhood Association:
19. Outdoor Storage/Trash. The standards at EC 9.2751(17)(b)4. are
applicable to detached secondary dwellings only.
The requirement that outdoor storage and garbage areas associated with detached
secondary dwellings be screened from view from adjacent properties and those across the
street or alley is related to both siting and design. It relates to siting because it impacts the
position of the outdoor storage/trash area in relation to the secondary dwelling to ensure
that outdoor storage and trash can be adequately screened. It relates to design because
the requirement impacts the scheme for the construction and finish of the building to
ensure that outdoor storage and trash is adequately screened.
Because secondary dwellings can be impactful to surrounding properties, due to an
increase in residents, this standard is a reasonable way to ensure that anything stored
outside, or the additional trash produced from the resident(s) of the secondary dwelling
does not negatively impact surrounding properties.
Based on the above findings, this standard would apply to the proposed request.
7. Pedestrian Access
The relevant standard from the Eugene Code provides:
9.2751 Special Development Standards for Table 9.2750
(17) Secondary Dwellings in R-1.
(b) General Standards for Detached Secondary Dwellings. In addition to
the standards in subsection (a) of this section, detached secondary
,
dwellings shall comply with the following, except as provided in
subsection (c) below:
2. Pedestrian Access. A pedestrian walkway shall be provided from
the street or alley to the primary entrance of the secondary
dwelling. The pedestrian walkway shall be a hard surface
(concrete, asphalt or pavers) and shall be a minimum of 3 feet in
width.
(c) Area-Specific Secondary Dwelling Standards. The following standards
apply to all new attached or detached secondary dwellings in the R-1
zone within the city-recognized boundaries of Amazon Neighbors,
Fairmount Neighbors and South University Neighborhood Association:
17. Pedestrian Access. The standards at EC 9.2751(17)(b)2. are
applicable to attached and detached secondary dwellings, except
that if primary vehicle access for the required parking is from an
alley, the path must be provided from the alley.
The requirement for a minimum 3-foot wide pedestrian walkway for all secondary dwellings
in the university area neighborhoods and for all detached secondary dwellings in the
remainder of the city is related to design. It relates to design because it is part the scheme
for construction and finish of the secondary dwelling.
It is reasonable to require a specific hardscaped path from the street or alley to the
entrance of the secondary dwelling to provide an accessible route for residents and guests
to the secondary dwelling, and to clearly identify the entrance. The university area specific
standard that requires the path be provided from the alley if the parking is accessed off an
alley is reasonable, so the resident(s) of the secondary dwelling can have an accessible path
from the parking area to the front door of the secondary dwelling.
Based on the above findings, this standard would apply to the proposed request
8. Vehicle Use Area
The relevant standard from the Eugene Code provides:
9.2751 Special Development Standards for Table 9.2750
(17) Secondary Dwellings in R-1.
(c) Area-Specific Secondary Dwelling Standards. The following standards
apply to all new attached or detached secondary dwellings in the R-1
zone within the city-recognized boundaries of Amazon Neighbors,
Fairmount Neighbors and South University Neighborhood Association:
4. Vehicle Use Area. The maximum area covered by paved and
unpaved vehicle use areas including but not limited to driveways,
on-site parking and turnarounds, shall be limited to 20 percent of
the total lot area.
A standard limiting the percentage of a lot that can be dedicated to driveways, parking,
turnarounds and other vehicle-use areas to 20 percent of the total lot area is related to
design of the site and to siting. It is a reasonable standard because it ensures an adequate
amount of area for yard/open space (and possibly parking). It also operates as a limit on
impermeable surfaces and/or surfaces that contribute to stormwater flow and quality
issues. Compliance with the City's NPDES (Clean Water Act) permit is dependent in
substantial part on the City's ability to control the quality and limit the quantity of
stormwater that leaves development sites and that must be conveyed and treated before
entering the State's waterways.
Based on the above findings, this standard would apply to the proposed request.
9. Maximum Occupancy
The relevant standard from the Eugene Code provides:
9.2751 Special Development Standards for Table 9.2750.
(17) Secondary Dwellings in R-1.
(c) Area-Specific Secondary Dwelling Standards. The following standards
apply to all new attached or detached secondary dwellings in the R-1
zone within the city-recognized boundaries of Amazon Neighbors,
Fairmount Neighbors and South University Neighborhood Association:
8. Maximum Occupancy. For lots with a primary dwelling containing 3
or fewer bedrooms, the secondary dwelling shall be limited to 3
occupants. For lots with a primary dwelling containing 4 or more
bedrooms, the secondary dwelling shall be limited to 2 occupants.
The maximum occupancy standard relates to both siting and design. The number of
bedrooms in the primary dwelling determines the number of persons that can occupy the
secondary dwelling. In this way, the size of the existing dwelling has an impact on the
design and the location of the secondary dwelling on the site. This regulation is
reasonable because secondary dwellings are intended to be "a thing of secondary or
subordinate importance" (See Webster's definition of "accessory," above). This regulation
makes it likely that the secondary dwelling will have fewer occupants than the primary
dwelling, which contributes to the secondary relationship that must be present between the
primary dwelling and the secondary dwelling.
Based on the above findings, this standard would apply to the proposed request.
10. On-site Parking
9.2751 Special Development Standards for Table 9.2750.
(17) Secondary Dwellings in R-1.
(c) Area-Specific Secondary Dwelling Standards. The following standards
apply to all new attached or detached secondary dwellings in the R-1
zone within the city-recognized boundaries of Amazon Neighbors,
Fairmount Neighbors and South University Neighborhood Association:
15. Parking. For the primary dwelling, there shall be a minimum of
one and a maximum of two parking spaces on the lot. There shall
be one additional parking space on the lot for the exclusive use for
the occupants and guests of the secondary dwelling.
The on-site (off-street) parking requirement is a regulation related to both siting and
design because it impacts the way in which a secondary dwelling is constructed (to
accommodate on-site parking) and/or the location of the secondary dwelling on the lot; it
assists in determining the ground that may (or may not) be occupied by the building. This
university area neighborhood parking standard is a reasonable way to ensure an adequate
amount of area for yard/open space, and to limit overcrowding, traffic and impermeable
surfaces.
Based on the above findings, this standard would apply to the proposed request. However,
as of January 1, 2020, any city regulation that requires on-site parking for accessory
(secondary) dwellings will be explicitly prohibited pursuant to HB 2001, adopted in 2019.
11. Alley Access Parking and Driveway
9.2751 Special Development Standards for Table 9.2750
(17) Secondary Dwellings in R-1.
(c) Area-Specific SecondarV Dwellinq Standards. The following standards
apply to all new attached or detached secondary dwellings in the R-1
zone within the city-recognized boundaries of Amazon Neighbors,
Fairmount Neighbors and South University Neighborhood Association:
16. Alley Access Parking and Driveway. The standards at EC
9.2751(18)(a) 11. are applicable to attached and detached
seco
ndary dwellings where primary vehicle access for the
requ
ired parking is from an alley.
(18) Alley Access L
ots in R-1.
11. Parkinq and Driveway.
a.
Only one covered or enclosed parking space may be
provided (carport or garage). The covered or enclosed
parking space shall be counted towards the total number of
parking spaces.
b.
The maximum dimensions for a garage shall be 16 feet by
24 feet, with a maximum garage door width of 9 feet.
C.
The minimum setback for a garage shall be 5 feet from the
alley. If the garage is setback greater than 5 feet from the
alley, it must be setback a minimum of 15 feet and the area
between the garage and the alley shall be counted towards
one parking space.
d.
The maximum width for a driveway accessing a garage or
carport shall be 12 feet.
e.
The maximum dimensions for one parking space located
perpendicular to the alley shall be 12 feet in width by 20 feet
in depth.
f.
The maximum dimensions for two side by side parking
spaces perpendicular to the alley shall be 20 feet in width by
20 feet in depth.
g.
The maximum dimensions for tandem parking spaces shall
be 12 feet in width by 33 feet in depth.
h.
Only one parking space parallel to the alley shall be allowed,
and such space shall not exceed 10 feet in width and 20 feet
in length along the length of alley.
i.
The total vehicle use area, including but not limited to
driveways and on-site parking, but not including parking
space in garage, shall not exceed 400 square feet.
j.
No parking shall occur outside of the vehicle use area.
Standards pertaining specifically to secondary dwelling parking and driveways where the
primary vehicle access for the required parking space is from an alley are related to both
siting and design because they impact the way in which a secondary dwelling is
constructed (to accommodate parking area) and/or the location of the secondary dwelling
on the lot; they assist in determining the ground that may or may not be occupied by the
secondary dwelling.
These standards are reasonable because they limit the traffic on alleys while still ensuring
an adequate amount of area for parking for the secondary dwelling. It is necessary to
addresses the impacts of a potential doubling of the number of vehicular trips on city
alleys that are not typically improved to a level to support such traffic.
Based on the above findings, this standard would apply to the proposed request.
Please note this zone verification will be made available to the public and provided to
interested parties, as well as being documented within the City's permit tracking system, in
accordance with statutory requirements at ORS 227.175(1 1). Furthermore, this verification is a
final determination at the local level and therefore may be appealed to the Land Use Board of
Appeals, in accordance with statutory provisions beginning at ORS 197.835.
Sincerely,
Iria Hansen, Principal Planner
for the Eugene Planning & Development Director
10
ZVR xx-x (Conte) Additional application material #2
This material establishes that the City's intent and implementation of the "Mixed Use Areas" overlay on
the Metro Plan's Plan Diagram does not in any way provide a legal basis to permit the "Drug Treatment
Center- Non-residential" use on the subject site.
The subject site, Tax Map / Lot 17-03-31-3100100, is designated as "Medium Density Residential"
("MDR") with a "Mixed Use Areas" overlay on the Metro Plan's Plan Diagram.
The Metro Plan describes "Mixed Used" as follows:
"Mixed Uses
This category represents areas where more than one use might be appropriate, usually as
determined by refinement plans on a local level. (For example, the Whiteaker Refinement Plan
includes several areas where a mix of compatible uses, based in part on existing development, are
designated.) In the absence of a refinement plan, the underlying plan designation shall determine
the predominant land use.
The Westside Neighborhood Plan labels the area as "2. Eastern Residential/Mixed Use Area."
On November 28, 1977, the City implemented the Metro Plan designation by adopting and applying the
"Downtown Westside Mixed Use District" to the area "BTN [Between] 7TH AVE AND 13TH AVE, AND
BTN [Between] LINCOLN ST AND WASHINGTON ST." (See City File Z-76-0038.)
Eugene Code Table 9.1045 Reclassification of Zones states that "Effective August 1, 2011," the
"Downtown Westside Mixed Use District" was "reclassified" as "S-DW Downtown Westside Special Area
Zone."
The S-DW Downtown Westside Special Area Zone is defined at EC 9.3200 et seq. The purpose is explicit:
9.3200 Purpose of S-DW Downtown Westside Special Area Zone. The special area zone applied to
the Downtown Westside area is intended to achieve the following objectives:
(1) Maintenance of the primary residential use and character of the area through rehabilitation of
existing residential structures and additional high-density residential development as the
primary land use in the area.
(2) Provision for existing office and small commercial uses as well as some limited additional
office and small commercial development in the area, provided such uses are secondary to
the primary residential land use in the area.
(3) Retention of major landscape features that enhance the character of the area.
Thus, the implementation of the "Mixed Use Area" established "residential" as the "primary" use,
consistent with the MDR designation. In addition, The implementation provided an explicit description
of the commercial uses that were intended to "mix" with residential use in two categories:
• Existins office and small commercial uses
• Limited additional office and small commercial development in the area, provided such uses are
secondary to the primary residential land use in the area.
Although the intent is clear in the "Purpose" section, fortunately the code also enumerates the
permitted "commercial" uses, including the following category in Table 9.3215 S-DW Downtown
Westside Special Area Zone Development Standards:
Medical, Health, and Correctional Services
Hospital, Clinic, or other Medical Health
C Subject to an approved conditional use
Treatment Facility (including Mental Health)
permit or an approved final planned unit
10,000 square feet or less of floor area
development.
Nursing Home
P Permitted, subject to zone verification
Residential Treatment Center
C Subject to an approved conditional
use permit or an approved final planned
unit development.
The permitted uses in the "Mixed Use Area" never included, nor were intended to include, a "Drug
Treatment Clinic - Non-residential" use.
The City also explicitly implemented the Metro Plan statement for "Mixed Use" that "This category
represents areas where more than one use might be appropriate, usually as determined by refinement
plans on a local level." (Underlining added.)
9.3205 S-DW Downtown Westside Special Area Zone Siting Requirements. In addition to the
approval criteria at EC 9.8865 Zone Change Approval Criteria, the site must be planned for a special
mix of uses in the Westside Neighborhood Plan. (Emphasis added.)
The Westside Neighborhood Plan makes the intent of the "Mixed Use" area even clearer:
2. EASTERN RESIDENTIAL/MIXED USE AREA
Policies
2. The City shall continue to recognize that the MU Mixed Use District was initially applied to
properties zone C-2 Community Commercial in order to foster concentration of commercial uses
within the downtown area and to encourage medium-density residential uses in the Westside.
(Emphasis added.)
This comprehensive policy is proscriptive - "The City shall recognize and it directs the City to
encourage residential uses in the "Mixed Use District" - not drug treatment clinics!
Thus, the "Mixed Use" overlay on the area within the Westside Neighborhood Plan, which includes the
subject site, does not in any way support permitting the "Drug Treatment Center - Non-residential" use.
In contrast, the City's implementation of the "Mixed Use" area explicitly excluded "Drug Treatment
Center - Non-residential" from permitted uses, and even required a Conditional Use Permit for other
types of "Clinic" uses and limited such uses to 10,000 square feet.
Any reliance by the City on the "Mixed Use Areas" overlay to justify the "Drug Treatment Center - Non-
residential" use will almost certainly be rejected by the impartial LUBA board members.
Subm.tted n January 1, 2020 by:
Paul T. Conte
1461 W. 101h Ave.
Eugene, OR 97402