HomeMy WebLinkAboutApplication Materials SB 1537 ADJUSTMENT REVIEW APPLICATION
Limited Land Use Decision
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Planning & Development Updated: September 2025
99 W. 10TH Avenue, Eugene, OR 97401
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SB 1537 requires local governments grant adjustments to specific development and design standards applied
to the development of housing if the application meets certain conditions. For more information, please see
the Oregon Department of Land Conservation and Development (DLCD) SB 1537 Guidance and FAQ.
Please complete the following application checklist and submit a written narrative with information showing
that all conditions are met. Note that additional information may be required upon further review to
adequately address the application for adjustments. If you have any questions about filling out this
application, please contact Land Use staff at the Permit and Information Center by phone: (541) 682-8336,
email: landuseinfo@eugene-or.gov, or at 99 West 10th Avenue from 12-4pm, Monday - Friday.
List all Assessor’s Map and Tax Lot numbers of the property included in the request.
Proposals are required to include all property under contiguous ownership of the
applicant.
Assessor’s Map Tax Lot Existing Zoning
Eugene Code (EC) Sections Proposed for SB 1537 Adjustment
List specific code sections for which adjustment is proposed (up to 10 distinct adjustments
allowed).
Proposed SB 1537
Adjustment
(e.g. SB Section
38(4))(a))
EC Code Section
(e.g. EC 9.2750)
Description
(e.g. Reduce required 5-foot interior setback
to 4.5 feet for Middle Housing)
Associated/Pending Land Use Application(s) or Building Permit Numbers (if applicable):
www.eugene-or.gov/planning
Planning & Development Updated: September 2025
99 W. 10TH Avenue, Eugene, OR 97401
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Filing Fee
A filing fee must accompany all applications. The fee varies depending upon the type of application and is
adjusted periodically by the City Manager. Check with Planning staff at the Permit and Information Center to
determine the required fee or check website at www.eugeneplanning.org
Submittal Requirements:
Provide 2 paper copies and one digital copy (CD, USB Drive, or Other) of all application materials (i.e. written
statement, site plans, etc.). Digital files must be in PDF file format. Please note that it is the applicant’s
responsibility to make sure that the digital and paper copies are identical. Following completeness review, an
updated digital and paper copies may be required. All paper site plans must be folded to a size equal or less
than 11” x 17”.
Written Statement
Submit a detailed written statement describing how this request is consistent with all required conditions in
SB 1537. Please note: it is the applicant’s responsibility to provide adequate information demonstrating how
the project satisfies the required conditions. Failure to provide such information may result in denial of your
application.
Conditions required to be eligible for an adjustment (Note: the Applicant must submit a written narrative
and additional site information demonstrating that all conditions are met):
The application is for a building permit or limited land use decision
The development is on lands zoned to allow for residential or mixed-use residential uses
The development meets minimum net densities of at least 10 dwelling units per acre
The development is within an urban growth boundary, not including unincorporated lands
The development is of net new housing units, including single-family, multifamily, mixed-use,
manufactured home parks, accessory dwellings, or middle housing
The application requests no more than 10 distinct adjustments (note: each standard listed below counts
as one distinct adjustment, even if the application requests multiple components within that category ), and
The application states how at least one of the following criteria applies (must provide written
narrative with evidence establishing at least one of the following):
The adjustment makes housing development feasible when it otherwise would not be
The adjustment reduces the sale/rental price per unit
The adjustment will increase the number of units in the application
All units are subject to an affordable housing covenant to be affordable to moderate income
(80-120% Median Family Income) households for at least 30 years
20% of units are subject to an affordable housing covenant to be affordable to low-income
households (≤80% Median Family Income) for at least 60 years
The adjustment enables the provision of accessibility or visitability features that would not
otherwise be feasible
The units are subject to a zero equity, limited equity, or shared equity ownership model making
them affordable to moderate income households for 90 years.
www.eugene-or.gov/planning
Planning & Development Updated: September 2025
99 W. 10TH Avenue, Eugene, OR 97401
Phone: 541.682.8336 or E-mail: landuseinfo@eugene-or.gov Page 3 of 5
Note: SB 1537 adjustments that do not relate to current code requirements are identified with an asterisk (*).
Development Standards (Section 38(4)) requested for adjustment:
(a) Side or rear setbacks, for an adjustment of not more than 10 percent.
(b) For an individual development project, the common area, open space or area that must be
landscaped on the same lot or parcel as the proposed housing, for a reduction of not more than 25 percent.
(c) Parking minimums.*
(d) Minimum lot sizes, not more than a 10 percent adjustment, and including not more than a 10
percent adjustment to lot widths or depths.
(e) Maximum lot sizes, not more than a 10 percent adjustment, including not more than a 10 percent
adjustment to lot width or depths and only if the adjustment results in:
(A) More dwelling units than would be allowed without the adjustment; and
(B) No reduction in density below the minimum applicable density.
(f) Building lot coverage requirements for up to a 10 percent adjustment.
(g) For manufactured dwelling parks, middle housing as defined in ORS 197A.420, multifamily housing
and mixed-use residential housing:
(A) Requirements for bicycle parking that establish:
(i) The minimum number of spaces for use by the residents of the project, provided the
application includes at least one-half space per residential unit; or
(A) Requirements for bicycle parking that establish:
(ii) The location of the spaces, provided that lockable, covered bicycle parking spaces are
within or adjacent to the residential development;
(B) For uses other than cottage clusters, as defined in ORS 197A.420 (1)(c)(D), building height
maximums that:
(i) Are in addition to existing applicable height bonuses, if any; and
(ii) Are not more than an increase of 20 percent increase to base zone height with
rounding consistent with methodology outlined in city code, if any;
(C) Unit density maximums, not more than an amount necessary to account for other
adjustments under this section; and
(D) Prohibitions, for the ground floor of a mixed-use building, against:
(i) Residential uses except for one face of the building that faces the street and is within
20 feet of the street; and
(ii) Nonresidential active uses that support the residential uses of the building, including
lobbies, day care, passenger loading, community rooms, exercise facilities, offices,
activity spaces or live-work spaces, except for active uses in specifically and clearly
defined mixed use areas or commercial corridors designated by local governments.
www.eugene-or.gov/planning
Planning & Development Updated: September 2025
99 W. 10TH Avenue, Eugene, OR 97401
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Design Standards (Section 38(5)) requested for adjustment:
(a)Facade materials, color or pattern.*
(b) Facade articulation.
(c) Roof forms and materials.
(d) Entry and garage door materials.
(e) Garage door orientation, unless the building is adjacent to or across from a school or public park.
(f) Window materials, except for bird-safe glazing requirements.*
(g) Total window area, for up to a 30 percent adjustment, provided the application includes at least 12
percent of the total facade as window area.
(h) For manufactured dwelling parks, middle housing, multifamily housing and mixed-use residential:
(A) Building orientation requirements, not including transit street orientation requirements.
(B) Building height transition requirements, not more than a 50 % adjustment.
(C) Requirements for balconies and porches.*
(D) Requirements for recesses and offsets (i.e. articulation).
Site Plan Requirements
Show date, north arrow, and standard engineer’s or architect’s scale.
Show the Assessor’s Map and Tax Lot numbers.
Show a vicinity map on the plan. (Vicinity map does not need to be drawn to scale.)
Show the dimensions of the site plan boundary.
Show the location of all existing structures and indicate whether they will remain or be removed.
Show any site features necessary to illustrate the basis for the proposed adjustment.
Show access to the development site.
Site Plan must be prepared, stamped and signed by one of the following: Oregon Licensed architect, Oregon
licensed civil engineer, Oregon licensed landscape architect, a member of the American Institute of Certified
Planners, or an Oregon licensed land surveyor.
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Planning & Development Updated: September 2025
99 W. 10TH Avenue, Eugene, OR 97401
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By signing, the undersigned certifies that he/she has read and understood the submittal requirements
outlined, and that he/she understands that omission of any listed item may cause delay in processing the
application. I (We), the undersigned, acknowledge that the information supplied in this application is
complete and accurate to the best of my (our) knowledge.
OWNER (Also the Applicant? Yes / No):
Name (print): ____________________________________________ Phone: ___________________________________________
Address: ___________________________________________________________________________________________________
City/State/ _____________________________________________________________________________________________
Signature: _________________________________________________________________________________________________
APPLICANT / APPLICANT’S REPRESENTATIVE (Check one):
Name (print): ______________________________________________________________________________________________
Company/Organization: ____________________________________________________________________________________
Address: __________________________________________________________________________________________________
City/State/Zip: ________________________________________ E-mail (if applicable): _______________________________
Phone: _________________________________________________ Fax: ______________________________________________
Signature: _________________________________________________________________________________________________
APPLICANT’S REPRESENTATIVE / DESIGNATED CONTACT PERSON (Check all that apply):
Name (print): ______________________________________________________________________________________________
Company/Organization: ____________________________________________________________________________________
Address: __________________________________________________________________________________________________
City/State/Zip: ________________________________________ E-mail (if applicable): _______________________________
Phone: _________________________________________________ Fax: ______________________________________________
Signature: _________________________________________________________________________________________________
Note: This is not a complete list of requirements. Additional information may be required after further
review in order to adequately address the applicable conditions.
transmittal
To: City of Eugene
Planning & Development
99 W 10th Avenue
Eugene, OR 97401
Date: 09/10/2026
Project: 13th & Alder
Project No.: 25.008768.000
From: Scott Hampton,
LJC Design & Engineering
Subject: SB 1537 Adjustment Review Application, Building Height (C-3 Zone)
Via: ☒ Overnight ☐ Courier ☐ US Mail ☒ Email
Qty. Document Action
2 SB 1537 Adjustment Review Application (Signed) For Review
2 Written Statement For Review
2 C1.01 - Existing Conditions For Information Only
2 C2.00 - Demolition Plan For Information Only
2 A1.101 - Overall Architectural Site Plan For Review
2 A3.201 - Overall Building Elevation - South / West For Review
2 A3.202 - Overall Building Elevation - North / East For Review
Written Statement
Date: 2026-09-03
To: City of Eugene Planning & Development
Subject: SB 1537 Adjustment Review Application
Requested Adjustment to Building Height at 811 E 13th Ave
I. Project Summary and Nature of the Request
This written statement is submitted in support of an application under Oregon Senate Bill 1537 (2024) for an
adjustment to the City of Eugene’s building-height standard as applied to the 13th & Alder student housing
development located at 811 E 13th Avenue, Eugene, Oregon 97401, further identified as Assessor’s Map
17-03-32-31, Tax Lots 01200, 01300, and 01500 (three contiguous lots totaling 13,547 square feet). The
Project is located in the C-3 (Major Commercial) zone.
The Project is a student housing development comprising 133 multifamily dwelling units (491 beds) and
approximately 132,749 square feet of rentable area, already designed and under construction at the
maximum density the site and structural system can support.
The applicant requests a single adjustment to one development standard: an increase in the maximum
building height in the C-3 zone from 150'-0" to 169'-0". The adjustment serves two design components
(additional ceiling height at Level 15 and a non-exempt rooftop shade structure on Level 16), both
accommodated within the single building-height standard and therefore constituting one distinct adjustment.
II. Requested Adjustment
Proposed SB 1537
Adjustment EC Code Section Description
SB 1537 Section
38(4)(g)(B)
EC 9.2170
Table 9.2170
Increase the maximum building height in the C-3 zone from
150'-0" to 169'-0" (a 19-foot / 12.7% increase, within the
20% cap allowed by SB 1537 Section 38(4)(g)(B)(ii)). The
adjustment accommodates (1) up to 1'-0" of additional
height at the Level 16 roof to provide adequate ceiling
heights at Level 15, the highest occupied floor, and (2) a
non-exempt rooftop shade structure and associated
amenity features on Level 16, held within the 18-foot
envelope the code already permits for exempt roof
structures under EC 9.6720.
The 150-foot base building height for the C-3 zone is established by EC 9.2170(2) and Table 9.2170. SB
1537 Section 38(4)(g)(B)(ii) authorizes an increase to base zone building height of not more than 20 percent;
20 percent of the 150-foot base is 30 feet, permitting a maximum of 180 feet. The requested height of 169'-
0" is a 19-foot (12.7%) increase and is therefore within the statutory cap.
Written Statement Page 2 of 4 2026/09/03
SB 1537 - Requested Adjustment to Building Height
III. Eligibility Conditions
The Project satisfies each condition required for eligibility under SB 1537, as demonstrated below.
A. The application is for a building permit or limited land use decision.
This application is submitted as a limited land use decision on the City of Eugene’s SB 1537 Adjustment
Review Application form. This condition is met.
B. The development is on lands zoned to allow for residential or mixed-use residential
uses.
The site is zoned C-3 (Major Commercial). The C-3 zone permits multifamily residential and mixed-use
residential development; the Project’s multifamily residential (student housing) use is an allowed use in the
zone. This condition is met.
C. The development meets minimum net densities of at least 10 dwelling units per acre.
The Project provides 133 dwelling units on a site of approximately 0.3 acres (13,547 square feet), yielding
a net density of approximately 428 dwelling units per acre, far in excess of the 10 -unit-per-acre minimum.
This condition is met.
D. The development is within an urban growth boundary, not including unincorporated
lands.
The site is located within the incorporated city limits of Eugene and within the adopted Eugene -Springfield
Metropolitan Area Urban Growth Boundary. It is not unincorporated land. This condition is met.
E. The development is of net new housing units.
The Project consists of 133 net new multifamily dwelling units, containing 491 beds. Multifamily housing is
expressly among the housing types listed in this condition. This condition is met.
F. The application requests no more than 10 distinct adjustments.
The application requests one distinct adjustment, an increase to the maximum building height standard (EC
9.2170 / Table 9.2170). This condition is met.
G. The application states how at least one qualifying criterion applies.
The applicant relies on the criterion that “the adjustment makes housing development feasible when it
otherwise would not be”. The written narrative and supporting evidence establishing this criterion are set
forth in Section IV below. This condition is met.
Written Statement Page 3 of 4 2026/09/03
SB 1537 - Requested Adjustment to Building Height
IV. Qualifying Criterion
The Adjustment Makes Housing Development Feasible When It Otherwise
Would Not Be
The Project is already designed and under construction at the maximum density the site and structural
system can support. No additional dwelling units are proposed or possible. The question presented by this
adjustment is therefore not whether additional housing can be added, but whether the housing already
proposed can be made feasible, that is, whether it can be built, financed, leased, and operated as viable
housing. For the reasons below, without this adjustment the Project cannot be delivered as feasible housing,
and with it, it can.
Component 1: Ceiling height at Level 15.
Structural and MEP coordination on the upper floors has compressed the available floor -to-floor dimension
at Level 15, the building’s highest occupied floor. Level 15 contains both dwelling units and the shared fitness
and lounge amenities available to all residents of the building. As currently coordinated, the clear ceiling
heights on this floor fall below what is necessary for the units to be market -competitive and for the shared
amenity spaces to function as designed. Raising the Level 16 roof datum by up to 1'-0" recovers the clear
height these spaces require. Because Level 15 serves both the top-floor units and the building-wide fitness
and lounge amenities, the height constraint on this single floor affects both the leasability of those units and
the quality of amenities relied upon by every resident, each of which directly drives the lease -up rates and
rents on which the Project’s financing depends. Delivering this floor at substandard ceiling height undermines
the economic feasibility of the housing as a whole.
Component 2: Rooftop amenity structures at Level 16.
The applicant proposes a non-enclosed shade structure (pergola/trellis), together with associated rooftop
amenity features including spa lighting, to make the building’s principal outdoor amenity usable for residents.
The City has advised that the shade structure is not exempt under EC 9.6720 and therefore must be counted
within the building’s maximum height. Critically, the requested increase does not expand the maximum
allowable height beyond what has already been approved: EC 9.6720 already permits exempt structures
(elevator and stair enclosures and mechanical equipment screening) to extend up to 18 feet above the roof
without counting as building height. All proposed rooftop amenity elements remain within that same 18 -foot
envelope. The requested increase is therefore definitional rather than dimensional: it allows non-exempt
amenity elements to occupy the identical envelope the code already grants exempt structures, with no
additional external impact. Usable, comfortable outdoor amenity space is a baseline expectation in the
purpose-built student-housing market this Project competes in and is part of the amenity package
underwriting the Project’s lease-up; without these improvements that space is not comfortably usable, and
the amenity value on which the Project’s feasibility relies is not realized.
Why the housing would not otherwise be feasible.
Because density is maximized and the structure is fixed, the applicant has no remaining means of improving
the Project’s economic viability through additional units or reconfiguration. The only available levers are the
targeted livability and amenity improvements described above, each directly tied to the building’s ability to
achieve the occupancy and rents its financing assumes. The net effect of the adjustment is an increase of
only 1'-0" in the actual height of occupied construction (the Level 16 roof), with the balance of the requested
Written Statement Page 4 of 4 2026/09/03
SB 1537 - Requested Adjustment to Building Height
envelope reflecting rooftop amenity elements that remain within the height the code already permits for
exempt structures. In exchange for this minimal and largely non-visible increase, the adjustment secures the
feasibility of the housing already proposed for the site. This result is fully consistent with SB 1537’s purpose
of removing barriers to the production of needed housing and allows the units already committed to be
delivered as viable, leasable housing.
V. Conclusion
The Project satisfies every eligibility condition under SB 1537 and establishes the qualifying criterion that
the requested adjustment makes the housing development feasible when it otherwise would not be. The
applicant respectfully requests that the City grant the adjustment to increase the maximum building height
in the C-3 zone from 150'-0" to 169'-0" as described herein.
VI. Contents of Submittal
This application package consists of the following materials:
SB 1537 Adjustment Review Application (signed)
Written Statement (this document)
Drawing Sheets:
C1.01 – Existing Conditions (For Information Only)
C2.00 – Demolition Plan (For Information Only)
A1.101 – Overall Architectural Site Plan
A3.201 – Overall Building Elevation – South / West
A3.202 – Overall Building Elevation – North / East