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

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1and after the challenged ordinances, as a general rule in the R-3 and R-4 zones, buildings 2located within any portion of an R-3 or R-4 zone that is closer than 50 feet to an R-1 zone 3can be no taller than 30 feet tall. EC 2.9751(3) has the effect of extending the R-1 zone 30 4foot maximum building height restriction for a distance of 50 feet into adjoining R-3 and R-4 5zones, so that there is a 50-foot deep, 30-foot high step-up to the higher maximum building 6heights in the R-3 and R-4 zones, where they adjoin an R-1 zone. This generally applicable 7step-up is carried forward in the challenged ordinances. 8Ordinance 20418 adopts a different step-up regulatory regime for a 16-block area th 9located south of the University of Oregon. That area is bounded by 18 Street on the north, th 1020 Street on the south, Agate Avenue on the east and Hilyard Avenue on the west. Those 11blocks are zoned a mixture of R-1, R-3 and R-4. The sixteen blocks are separated from the th 12University of Oregon by 18 Street. The zoning for those blocks generally transitions as you th 13proceed south away from the university from R-4 zoning (across 18 Street from the 14University of Oregon) to R-3 and then to R-1 zoning as you approach and cross into the large 15residential neighborhood to the south of the 16-block area. In its brief the city sets out the 16challenged amendment to EC 2.9751(3) in legislative format (bold/italic text added, 17bracketed, line-through text deleted), and we set out the amendment in that format below: 18(3) Building Height 19(a)Except as provided below, [I]in the R-3 and R-4 zone, the 20maximum building height shall be limited to 30 feet for that 21portion of the building located within 50 feet from the abutting 22boundary of, or directly across an alley from, land zoned R-1. 23(b) For that area bound by Hilyard Street to the west, Agate thth 24Street to the east, East 18 Avenue to the north and East 20 25Avenue to the south: 261. In the R-3 zone, the maximum building height shall 27be limited to 35 feet for that portion of the building 28located within 160 feet from the abutting boundary of, 29or directly across an alley from, land zoned . R-1 Page 4