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FINDINGS AND DECISION OF THE PLANNING DIRECTOR:
ADJUSTMENT REVIEW APPROVAL FOR THE MARK AT EUGENE SB1537 (ARA 25-22)
Application Summary:
Requested adjustment to Eugene Code (EC) Multiple Unit Development Standards at EC
9.5500(7)(a) & (b) — Building Articulation; Minimum Required Bicycle Parking Space Standards
at EC 9.6105(5); and Bicycle Parking Location Standards at EC 9.6105(2)(b)(2) and 9.6105(3)(b),
in accordance with Oregon Senate Bill (SB) 1537, Section 38 Mandatory Adjustment to Housing
Development Standards
Owner:
PeaceHealth
Applicant:
W. Christopher Hart, The Mark at Eugene, LLC
Applicant's Representatives:
Kristen Taylor/Zach Galloway, TBG Community Planning Group
Lead City Staff:
Kelly Whitmill, Land Use Analyst, Eugene Building Permit Services Division, 541-682-6017
Subject Property/Location/Zoning:
Address: 791 East 13th Avenue
Assessor's Map/Tax Lot: 17-03-32-31-04700
Location: The subject property is located on the north side of East 131h
Avenue, east side of Hilyard Street, and west side of Alder Street
Size: Approximately 5.88-acres
Zoning: C-2 Community Commercial with a /TD Transit Oriented
Development Overlay
Relevant Dates:
Application submitted on October 6, 2025; deemed complete on November 5, 2025; decision
granting approval issued on December 2, 2025.
Background/Present Request
The subject property is located on the north side of East 13th Avenue, east side of Hilyard
December 2, 2025 Findings & Decision: ARA 25-22 Page 1 of 4
Street, and west side of Alder Street. The approximately 5.88-acre site is zoned C-2 Community
Commercial with a /TD Transit Oriented Development Overlay. The site is bordered by public
right-of-way on all sides. The applicant is proposing to develop the subject property with a
multiple -unit residential housing development. In accordance with the mandatory adjustment
to housing development standards in Oregon Senate Bill (SB) 1537, Section 38, the applicant
has requested an adjustment to the following standards:
• Relief from compliance with the building articulation standards at EC 9.5500(7) in
accordance with SB 1537, Section 38(5)(b)
• A 50% reduction to the required minimum long term bicycle parking spaces at EC
9.6105(5) in accordance with SB 1537, Section 38(4)(g)(A)(i)
• Relief from compliance with the bicycle parking location standards at EC 9
9.6105(2)(b)(2) and EC 9.6105(3)(b) in accordance with SB 1537, Section 38(4)(g)(A)(ii)
This Senate Bill 1537 — Adjustment Review is processed as a Type I land use application, and the
relevant application procedures are primarily addressed at EC 9.7100 through EC 9.7115. The
following evaluation includes a review of the applicant's proposed compliance with the
applicable conditions and approval criteria.
For additional background information and details of the applicant's proposal, please refer to
the applicant's written statement and site plan within the application file.
Adiustment Review Evaluation
In accordance with SB 1537, Section 38(2), a local government shall grant a request for an
adjustment to develop housing if specific conditions are met. The conditions below (in bold),
include findings addressing compliance.
(a) The application is for a building permit or a quasi-judicial, limited or ministerial land use
decision;
This adjustment review application is processed as a ministerial land use decision. Therefore,
this condition is met.
(b) The development is on lands zoned to allow for residential uses, including mixed -use
residential;
The development site is zoned C-2 Community Commercial. Multiple -unit residential
development is a permitted use in the C-2 zone per EC 9.2160. Therefore, this condition is met.
(c) The residential development is for densities not less than those required under section
55(3)(a)(C) of this 2024 Act;
Section 55(3)(a)(C)(ii): The development will be built at net residential densities not less
December 2, 2025 Findings & Decision: ARA 25-22 Page 2 of 4
than ten units per net residential acre if sited in a city with a population of 30,000 or
greater;
The development site is approximately 5.88 acres in size. The proposed development includes a
total of approximately 272 dwelling units, which exceeds 10 units per acre. Therefore, this
condition is met.
(d) The development is within an urban growth boundary, not including lands that have not
been annexed by a city;
The subject property is annexed property located within the city limits; therefore, this condition
is met.
(e) The development is of net new housing units in new construction projects, including
(A) Single-family or multifamily;
(B) Mixed -use residential where at least 75 percent of the developed floor area will be
used for residential uses;
(C) Manufactured dwelling parks;
(D) Accessory dwelling units; or
(E) Middle housing as defined in ORS 197A.420;
The development is a new multiple -unit (previously called "multifamily") construction project
with new housing units. Therefore, this condition is met.
(f) The application requests not more than 10 distinct adjustments to development
standards as provided in this section.
The application requests three distinct adjustments as follows:
i. SB 1537, Section 38(5)(b): A local government shall grant an adjustment to design
standards that regulate facade articulation
ii. SB 1537, Section 38(4)(g)(A)(i): A local government shall grant an adjustment to
development standards that regulate the minimum number of bicycle parking spaces,
for a reduction not greater than an adjustment that will allow for one-half space per
residential unit.
iii. SB 1537, Section 38(4)(g)(A)(ii): A local government shall grant an adjustment to
development standards that regulate the location of bicycle parking spaces, provided
that lockable, covered bicycle parking spaces are within or adjacent to the residential
development.
Based on the above findings, the conditions required by SB 1537, Section 38(2) subsection (a)
through (f) have all been met by this proposal.
December 2, 2025 Findings & Decision: ARA 25-22 Page 3 of 4
Additionally, in accordance with SB 1537, Section 38(2)(g), the application must state how at
least one of the following criteria apply:
(A) The adjustments will enable development of housing that is not otherwise feasible
due to cost or delay resulting from the unadjusted land use regulations;
(B) The adjustments will enable development of housing that reduces the sale or rental
prices per residential unit;
(C) The adjustments will increase the number of housing units within the application;
(D) All of the units in the application are subject to an affordable housing covenant as
described in ORS 456.270 to 456.295, making them affordable to moderate income
households as defined in ORS 456.270 for a minimum of 30 years;
(E) At least 20 percent of the units in the application are subject to an affordable housing
covenant as described in ORS 456.270 to 456.295, making them affordable to low
income households as defined in ORS 456.270 for a minimum of 60 years;
(F) The adjustments will enable the provision of accessibility or visitability features in
housing units that are not otherwise feasible due to cost or delay resulting from the
unadjusted land use regulations; or
(G) All of the units in the application are subject to a zero equity, limited equity, or shared
equity ownership model including resident -owned cooperatives and community land
trusts making them affordable to moderate income households as describe in ORS
456.270 to 456.295 for a period of 90 years.
The application states that relief provided from the adjusted standards will increase the area
that can be dedicated to housing units and will enable development of housing that reduces the
sale or rental prices per residential unit. Therefore, this criterion has been met.
Decision
Based on the information provided in the application and the preceding findings of compliance
with applicable conditions and criteria in Section 38 of SB 1537, this Adjustment Review is
approved.
Approved By:
) zr z l LOSS
Reid Verner, Senior Planner, for Eugene Planning Director Date
Informational Item:
• This approval does not relieve the applicant of complying with other applicable provisions
of the Eugene Code or Oregon Revised Statutes, which may otherwise govern the
development of the subject property.
December 2, 2025 Findings & Decision: ARA 25-22 Page 4 of 4