Item 2: Ordinances on Minor Code Amendments (MiCAP Remand)

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Public Hearing: Minor Code Amendment Project (Remand) An Ordinance Concerning Land Use Regulations; Readopting Provisions from Ordinance No. 20418 in Response to Remand; Amending Section 9.6410 of the Eugene Code, 1971; and Providing an Effective Date and a Sunset Date An Ordinance Concerning Land Use Regulations; Readopting Provisions from Ordinance No. 20418 in Response to Remand; Amending Section 9.2751 of the Eugene Code, 1971; and Providing an Effective Date and a Sunset Date Meeting Date: September 21, 2009 Agenda Item Number: 2 Department: Planning and Development Staff Contact: Alissa Hansen www.eugene-or.gov Contact Telephone Number: 541/682-5508 ISSUE STATEMENT The City Council will hold a public hearing to consider readopting amendments to the Eugene Land Use Code (Chapter 9) related to building heights in the South University neighborhood and parking requirements for multi-family developments in the South and West University neighborhoods. BACKGROUND Minor Code Amendment Project and Land Use Board of Appeals On August 11, 2008, as part of the Minor Code Amendment Project (MiCAP), the City Council passed two ordinances containing land use code amendments covering 18 topics. Ordinance No. 20417 amended numerous lot and development standards. Ordinance No. 20418 did two things: (1) it lowered maximum building heights in a 16-block area in the South University neighborhood, and (2) it increased parking requirements for multi-family developments in the South and West University neighborhoods. The City Council directed that Ordinance No. 20418 (“the height and parking ordinance”) be given an immediate effective date. Subsequently, both ordinances were appealed to the Land Use Board of Appeals (LUBA) by the Home Builders Association of Lane County. On June 12, 2009, LUBA issued a decision affirming the City’s approval of Ordinance No. 20417, but remanding the height and parking ordinance back to the City. LUBA’s decision rendered the height and parking ordinance ineffective. To readopt the height or parking provisions consistent with LUBA’s decision, the City Council must make certain findings discussed below. LUBA remanded the height and parking ordinance because it was not clear that its requirements are consistent with the state’s Transportation Planning Rule (TPR) or, in the case of the parking requirements, with an adopted refinement plan policy in the West University Refinement Plan. Specifically, LUBA remanded the height and parking provisions based on a concern that the City’s current height and parking provisions may be needed for the City’s continued compliance with various Z:\CMO\2009 Council Agendas\M090921\S0909212.doc