Middle Housing Code Changes | HB 2001 

Middle Housing Wordmark

RESCHEDULED PUBLIC HEARING: 


TUESDAY, FEBRUARY 20, 2024 - 5:30 pm. 


IMPORTANT UPDATE & RESCHEDULED PUBLIC HEARING

Due to the severe weather event, the scheduled public hearing on January 16, 2024 was postponed.  The Eugene City Council is now scheduled to hold a public hearing at 5:30pm on February 20, 2024 for the Ordinance addressing the remand issue, which is summarized in the section below. The draft Ordinance includes updated findings demonstrating compliance with Goal 11 included in Exhibit B to the proposed 2024 Remand Ordinance.  The text of the 2024 Remand Ordinance is identical to the 2022 Middle Housing Ordinance except that the 2024 Remand Ordinance corrects scrivener errors in the 2022 Middle Housing Ordinance, incorporates updates to the land use code that have occurred since the 2022 Middle Housing Ordinance was adopted and updates the expedited land division criteria to ensure consistency with statutory requirements.  

City staff  presented information to the City Council on this topic at a work session on January 10th, 2024. At this work session, staff will provide information to the City Council regarding the remand of the 2022 Middle Housing Ordinance and discuss the updates provided in the draft Ordinance that address the remand issue. 

Resources: 

If you wish to provide testimony, please send an email or correspondence to either of the following:

If you wish to be added as an interested party and receive future notices regarding this project,  please send your name and mailing address to the email or address listed above. 

Information for options to attend, watch, and participate in the City Council work session or public hearing will be available: www.eugene-or.gov/3360/Webcasts-and-Meeting-Materials

For any questions, help attending, or any other updates on the Middle Housing remand, please contact Jeff Gepper, Senior Planner, at JGepper@eugene-or.gov


Land Use Board of Appeals Remand

The Ordinance went into effect on July 1, 2022. After it was adopted, the ordinance was appealed to the Land Use Board of Appeals (LUBA). LUBA upheld the City’s ordinance in their decision, seen here. Subsequently, LUBA’s decision was appealed to the Oregon Court of Appeals, and that court issued its decision on July 12, 2023. 

The Court affirmed LUBA’s decision on the appeal issues related to the Willamette River Greenway, and affirmed LUBA’s determination that the Middle Housing approval criteria challenged by the appellants are clear and objective. However, the Court disagreed with LUBA’s decision on the appeal issue related to compliance with Statewide Planning Goal 11 (Public Facilities and Services). The Court remanded the appeal back to LUBA for further proceedings, as seen in their decision here

On October 12, 2023, based on the Court of Appeals consideration, LUBA remanded the City's decision. The remand can be seen here. the result is that Ordinance 20667 in its entirety is no longer in effect as of October 12, 2023. Given this fact, any Middle Housing development within Eugene that was not approved prior to October 12, 2023, is subject to the State's Large Cities Middle Housing Model Code (Model Code), which was included as Exhibit B to to OAR 660-046-0010 .  Additionally, Ordinance 20667 included provisions for Middle Housing Land Divisions, another state requirement. Middle Housing Land Divisions are still possible, but they are subject to the approval criteria at Oregon Revised Statues (ORS) 92.031 and the procedures at ORS 197.365-197.380. 

If you have questions about the applicable codes, a specific development project, Middle Housing Land Divisions, or just general inquiries, please reach out to Planning@eugene-or.gov.


City Council Adoption of the Middle Housing Code Amendments 

On May 24, 2022, the City Council unanimously adopted Ordinance 20667 to implement the Middle Housing Code Amendments.

The City Council held a public hearing for the Middle Housing Code Amendments on April 18, 2022, followed by two work sessions on May 11, 2022 and May 18, 2022.  

The Middle Housing Code Amendments implement House Bill 2001, legislation that requires large cities in Oregon, including Eugene, to allow middle housing (duplexes, triplexes, fourplexes, rowhouses, and cottage clusters) to be built in all neighborhoods. This legislation is intended to increase our housing supply and allow for more housing types of all shapes and sizes in more places.


What Middle Housing code is in effect? 

The Middle Housing Code Amendments are NOT in effect! Ordinance 20667 contains the approved code amendments. Ordinance 200667 is provided and available in the  Online Code.  However, as discussed at the top of this page, the remand from the Land Use Board of Appeals means that Ordinance 20667 is not in effect and the State's Model Code is currently applicable, as well as, the Oregon Revised Statutes (ORS) 92.031 and 197.365-197.380 for Middle Housing Land Division. 


Middle Housing Fact Sheets!

Learn all about the different type of Middle Housing and new processes. 

Note: These fact sheets represent compliance and options provided in Eugene's specific Middle Housing implementation through Ordinance 20667. As such, while Ordinance 20667 is not in effect, please refer to the State's Model Code or ORS for applicable rules and regulations. 

Project Resources From Before Adoption

Recordings & Meeting Materials

Links to recording and materials from past meetings are available on the Middle Housing Public Engagement webpage.

Project Documents & Links

Remand Documents

Land Use Board of Appeals Record

From the state:

Project Background

Project Outreach and Engagement

Analysis


FAQs and More Information

Draft Code Amendments

Planning Commission Letters to City Council


  1. Terri Harding

    Principal Planner