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

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1Opinion by Holstun. NATURE OF THE DECISION 2 3 Petitioner appeals two city ordinances (Ordinances 20418 and 20417) that adopt a 4number of amendments to the Eugene Code (EC). The amendments that are challenged in 5this appeal (1) lower the maximum main building height that is permitted in the city’s R-3 6(Limited High-Density Residential) and R-4 (High Density Residential) zones in a specific 7area next to the University of Oregon, (2) increase off-street parking requirements for 8multiple family development in R-3 and R-4 zones in two neighborhoods near the University 9of Oregon, and (3) amend EC provisions concerning stormwater management. REPLY BRIEF 10 11 Petitioner moves for permission to file a reply brief to respond to new issues raised in 12respondent’s and intervenors-respondents’ briefs. The motion is granted. AMICUS BRIEF 13 14 The Oregon Homebuilders Association and the National Association of 15Homebuilders move for permission to file an amicus brief. The motion is granted. FACTS 16 A. Maximum Building Heights in the R-1, R-3 and R-4 Zones South of the 17 University of Oregon (EC 9.2751(3)) 18 19As a general rule, the maximum building heights in the R-1, R-3 and R-4 zones are 2030 feet, 50 feet and 120 feet, respectively. EC Table 9.2750. Those general maximum 21building heights, as set out in EC Table 9.2750, are not altered by the challenged ordinances. 22While EC Table 9.2750 sets out the development standards that apply generally 23within residential zones, including the aforementioned maximum building heights, EC 249.2751, which follows that table, adopts a number of “Special Development Standards” that 25apply in addition to or in place of the standards in EC Table 9.2750. One of those Special 26Development Standards is EC 9.2751(3). Under EC 9.2751(3), building heights in R-3 and 27R-4 zones are further restricted where the R-3 or R-4 zone adjoins an R-1 zone. Both before Page 3