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

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adopters) demonstrated -- and DLCD acknowledged -- a plan that would result in a10 percent reduction in parking spaces per OAR 660-012-0045(5)(c)(A) without regard to residential parking. The table showed that the level of parking spaces per capita would be reduced by more than the 10 percent reduction required by the TPR. As such, the currently proposed (MiCAP) increase in required parking for multi-family residential developments in a limited geographic area does not impact the ability of the metropolitan area to meet the TPR requirement of reducing parking spaces per capita by 10 percent, and will not cause the Eugene Code to be inconsistent with OAR 660-012-0045(5). (2) The amendment is consistent with applicable provisions of the Metro Plan and applicable adopted refinement plans. The Land Use Board of Appeals, in their Final Opinion and Order for the appeal of Ordinance No. 20418, found that the City had not adequately addressed a seemingly relevant portion of West University Refinement Plan Policy 3 when it adopted Ordinance 20418, increasing the required number of parking spaces for multiple family dwellings in the West University Neighborhood. Chapter V, Policy 3 from the West University Refinement Plan is provided below (emphasis added): The City of Eugene will update its Land Use Code and that effort shall particularly take into account the need to: --reduce non-residential uses permitted in the R-3 and R-4 zones. --redefine usable open space. --enable infilling on newly created small lots. --enable alley access as the primary access to newly created lots. --reduce the minimum lot size. --increase the flexibility of development standards (for example to enable more efficient use of open space, shared open space, shared parking, and more extensive use of public rights-of-way). --review parking requirements for residential development with the purpose of reducing the required number of spaces per unit in the plan area. --amend the commercial zoning in the City Code to provide a greater range of commercial zones. WURP, 49. With respect to this policy, LUBA stated: “From the decision and the evidence in the record that the parties have called to our attention, we cannot tell why a decision to increase off-street parking is consistent with a policy that calls for reducing off-street parking. Although we agree with the city that West University Neighborhood Refinement Plan Policy 3 need not be interpreted to preclude the city from adjusting how the city chooses to implement that policy, the city needs to explain how a decision to increase off- street parking is consistent with a policy that calls for reducing off-street parking. Because there are no findings that provide that explanation, we agree with petitioner that remand is required.” 3