Item B: Incompatible Infill (19th and Alder)

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The fees collected by the City to develop the proposed building include building permit fees and systems development charges (SDCs). The City publishes a fee-estimating guide, which was provided to the developer at the November 6, 2007 pre-development meeting. There are no exemptions to building permit fees. The only available SDC waiver applies to affordable housing. 2.Can/should we impose a temporary moratorium on this building until after the Infill Compatibility Standards (ICS) Task Team completes its work? The council can impose a moratorium, but only after following the state statutory process and only if the council finds that the statutory criteria are met. ORS 197.520(1) requires a city to provide the State with notice of a proposed moratorium at least 45 days before the final public hearing. ORS 197.520(3) specifies the circumstances under which a city can impose a moratorium, including the types of findings that must be made to justify the moratorium. Unless the moratorium is adopted prior to the submittal of an application, the moratorium will not affect or apply to the application. ORS 227.178(3) provides that a city must base its decision on an application on the standards and criteria in effect at the time that an application is submitted, even if the standards and criteria change after the application is submitted. Because of the 45-day required notice, which provides a large window for an application to be submitted, a moratorium does not appear to be an effective way of dealing with this issue. However, the ICS process is an appropriate place for these types of issues to be explored and addressed. The ICS Task Team is in the process of establishing committees to work on specific issues; compatibility between high density and low density development, parking concerns and mass and scale have been put on the table numerous times and will be addressed by one of the committees, with the goal of producing recommended solutions by the end of the year. 3.Can the Minor Code Amendments Process be accelerated to help deal with this circumstance? The Minor Code Amendments Process (MiCAP) is moving forward. Twenty proposals for amendments are going through the Planning Commission recommendation process, slated for public meetings in late March or early April. A Planning Commission hearing on the recommended code amendments will follow later this spring, followed by a City Council hearing. The MiCAP list of potential amendments currently includes a building height measurement item, and a parking requirements item that could potentially affect the proposed th 19 and Alder development, depending on what the Planning Commission recommends and the council eventually adopts. However, it is unlikely the outcome of the building height item, as it is currently being discussed, will significantly affect what can be built on this development site. Allowable height is currently 120 feet, and the proposed building is roughly 90 feet in height. The parking requirement item, as it is currently being discussed, could result in a requirement for increased parking on this site. Currently, one off-street parking space is required per unit (with an allowance of a 25% reduction by right). If the minimum number of parking spaces required is revised for lots affected by a Residential Parking Permit Program, or based on the number of bedrooms instead of units, the required number of parking spaces for the site could increase. The applicable requirements will be those in effect at the time a building permit application is submitted. It is unlikely the MiCAP process can be completed prior to the submittal of building permit plans, due to the public notice and hearing requirements involved with amending the land use code. F:\CMO\2008 Council Agendas\M080310\S080310B.doc