Item 9: Ordinance on Minor Code Amendments

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which are inconsistent with the functional classification of a transportation facility; or (d) Would reduce the performance standards of the facility below the minimum acceptable level identified in the TSP Due to the minor nature of these amendments, the amendments do not affect the provision of safe, convenient and economic transportation systems and do not significantly affect any transportation facilities. In a May 27, 2008 letter to the City, the Department of Land Conservation and Development (DLCD) has asserted that the City must show how the imposition of building height transitions in the South University neighborhood (EC 9.2751(3)(c)) is “consistent with the region’s development strategy required by OAR 660-012-0035(5).” The City interprets DLCD’s assertion to mean that the City is required to show the amendment is consistent with the performance measures in TransPlan that were adopted in 2002 pursuant to OAR 660-012-0035(5). DLCD specifically refers to the performance measure that calls for 23.3% of new dwelling units in Eugene and Springfield to be to be in areas designated for nodal development by 2015. While a portion of the South University neighborhood is identified in TransPlan as being part of a “Potential Nodal Development Area,” no portion of the South University neighborhood has received the Nodal Development Area designation in the Metro Plan and no portion has been rezoned to include the /ND Nodal Development overlay zone. It is not clear that the area affected by the height amendment will be designated and zoned as nodal areas for purposes of the 2015 performance measure. The height transition requirement applies only to the R-3 Limited High Density Residential and R-4 High Density Residential zoned land just south of the University of Oregon, within the area bound by Hilyard Street to the west, Agate Street to the east, E. 18th Avenue to the north and E. 20th Avenue to the south. Further, the building heights in the R-3 and R-4 zones would be restricted to 35 feet only for that portion of a building located within 160 feet from the abutting boundary of, or directly across an alley from, land zoned R-1, and building heights in the R-4 zone would be restricted to 50 feet only for that portion of a building located within 175 feet of land zoned R-3, and to 75 feet for a portion of a building greater than 175 feet and up to 225 feet from land zoned R-3. DLCD has not identified a basis for concluding that the proposed height transitions will unlawfully interfere with the region’s ability to meet its 23.3% performance standard and the City finds no such basis. Goal 13 - Energy Conservation. To conserve energy. The amendments do not impact energy conservation. Therefore, Statewide Planning Goal 13 does not apply. Goal 14 - Urbanization. To provide for an orderly and efficient transition from rural to urban land use. The amendments do not affect the Citys provisions regarding the transition of land from rural to = urban uses. Therefore, Statewide Planning Goal 14 does not apply. Goal 15 - Willamette River Greenway. To protect, conserve, enhance and maintain the natural, Findings 4