Ordinance No. 20439 - Laserfiche WebLink

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EXHIBIT A Findings Building Height Transition Code Amendment Eugene Code Section 9.8065 requires that the following approval criteria (in bold and italics) be applied to a code amendment: (1) The amendment is consistent with applicable statewide planning goals adopted by the Land Conservation and Development Commission. Goal 12- Transportation To provide and encourage a safe, convenient and economic transportation system. The Land Use Board of Appeals, in their Final Opinion and Order for the appeal of Ordinance No. 20418, found that "[w]hile it seems unlikely to us that the prior maximum building height limits in the R -3 and R -4 zone played much a role when the city's comprehensive plan and land use code were acknowledged as complying with Goal 12 and the TPR, we cannot be sure that it played no role in facilitating "transit oriented developments (TODs) on lands along transit routes," as OAR 660 - 012- 0045(5)(a) requires." LUBA remanded for findings that address OAR 660 - 012- 0045(5)(a). The complete text of OAR 660 - 012- 0045(5)(a) is provided below (in italic bold text): OAR 660 - 012 -0045 Implementation of the Transportation System Plan (5) In MPO areas, local governments shall adopt land use and subdivision regulations to reduce reliance on the automobile which: (a) Allow transit - oriented developments (TODs) on lands along transit routes; As explained below, the regulations that set maximum building heights in the City's R -3 and R -4 zones have played no part in the City's representations or DLCD's actions regarding acknowledgement for consistency with this OAR. Prior to 2001, the Eugene Code set the maximum building height in R -3 at 40 feet, but did not set a zone -wide maximum building height in the R -4 zone. For both the R -3 and R -4 zones, however, the maximum height was limited to 25 feet for that portion of the building within 50 feet from the abutting boundary of, or directly across an alley from, any of land zoned AG, RA or R -1 (the maximum height in the AG, RA and R -1 zones was 25 feet). A comprehensive update to the City of Eugene's land use code was adopted in 2001. The 2001 update set new building height maximums in the R -3 and R -4 zones of 50 feet and 120 feet, respectively. For both the R -3 and R -4 zones, however, the maximum height was limited to 30 feet for that portion of the building located within 50 feet from the abutting boundary of, or directly across the alley from, land zoned R -1 Low Density Residential (the maximum height in R -1 was 30 feet).