Item 9: Ordinance on Minor Code Amendments

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ATTACHMENT D 2.Can language be provided for making building height limits on flag lots compatible with neighborhoods? The topic of compatibility, including building height on all lots, is currently under consideration through the Infill Compatibility Standards project and will be addressed comprehensively through that process. There are two minor amendments related to building height under consideration as part of this minor code amendment project as well. The first clarifies how to measure building heights in residential zones and the second was proposed by City Council as a means to address concerns of allowable building heights in R-3 Limited High Density and R-4 High Density Residential zones that are proximal to R-1 Low Density Residential zones, and to reflect a height transition with the R-1 Low Density Residential zoned areas. An amendment related to flag lot height limitations was not prioritized by the community or the Planning Commission for inclusion in this project, and is considered beyond the scope of the project due to the need for a more comprehensive review of individual neighborhoods and building heights. 3.Which Growth Management Study policies are incorporated into the Eugene Code, where and how? Currently, the individual policies from the Growth Management Study (GMS) are not incorporated into the Eugene Code; however, the GMS is referenced in the general purpose section. The general purpose section of the Eugene Code states, in part, that “The land use code is intended to effectively and efficiently implement the Metro Plan, Growth Management Study and applicable state and federal laws.” The GMS polices were adopted prior to the land use code update process, and were used to guide the amendments considered by and ultimately adopted by City Council in 2001. The land use code is one of several tools through which these policies are implemented. Proposed amendment #18 would incorporate the individual GMS policies into the purpose section of Chapter 9 of the Eugene Code (EC) to serve as policy direction, as directed by City Council at a November 2007 work session. In addition, as part of the Planning Division’s forthcoming work program update, staff will be providing further detail on a broader discussion of the GMS polices and what steps are being taken to include the GMS policies more formally in the code. As noted in the adopting resolution, the policies shall not be used in determining whether the City shall approve or deny individual land use applications. Instead, the resolution states that the policies will be implemented through the council's actions in amending the Eugene Code, and in actions other than code changes such as adopting the City budget and capital improvement program. A copy of the resolution adopting the GMS policies is attached for reference. 4.How would staff interpret definition of residential character? How would you use it, what does it mean? The proposed definition of residential character was created through a collaborative effort involving the Planning Commission, a neighborhood leader and staff. This new definition would only be invoked during a Type II land use application process where the applicable approval criteria require consistency with codified adopted plan policies (site review, subdivision or partition), and where these policies contain the term “residential character.” The definition would only be applicable within a particular sub-area of five refinement plans. From a staff perspective, the definition gives broad meaning to the term and would provide guidance when applying a specific policy to a site specific land use application. The definition can not override 2