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Planners back code changes to allow day care and residential care uses in more zones
Summary
Staff recommended and commissioners supported code amendments to allow child and adult day care centers/homes and residential treatment/training facilities in additional zones per state requirements; staff will fix definition inconsistencies with ORS 443.400.
Planning staff presented July 14 recommended code changes to allow child and adult day care centers and day care homes, and to expand where residential treatment and residential training facilities may be sited in Eugene.
Elena Domingo, associate planner, explained state law requires child care homes and centers be allowed in more zones; staff recommended treating adult day care similarly though the state does not require it. Day care centers would be permitted in multi‑unit residential, commercial and employment zones (excluding heavy industrial) and day care homes would be allowed where single‑unit development is allowed, with size limits and certification requirements noted for centers.
On residential treatment facilities and homes, staff said the draft used broad umbrella terms and identified two issues: typographical errors in the packet and a definition for residential care home that did not exactly match ORS 443.400. Staff recommended a minor revision to the local definition so that homes serving fewer than six people that meet the ORS definition are captured consistently. Reid Verner (land use supervisor) joined staff to explain the intent: to treat similar care uses consistently so siting and review do not hinge on fine distinctions among legislative labels.
Commissioners raised concerns about siting care uses in industrial areas. Staff explained statutory constraints: residential treatment uses are not allowed in industrial zones generally, except in limited circumstances — where the property is publicly owned or owned by a public‑benefit corporation, within 250 feet of land zoned for residential use, and not designated heavy industrial. Commissioners noted they could not change those state limits locally.
A straw poll indicated the commission’s support to move forward with the childcare and residential care code amendments and staff edits; staff will return with corrected language and updated packet materials for the next deliberation.
