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

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subsections of the transportation rule that requires local governments to have regulations to reduce reliance on the automobile. LUBA also remanded the parking provisions based on a concern that they are inconsistent with the West University Refinement Plan, Chapter V, Policy 3, which states that the City will update its Land Use Code and particularly take into account the need to review parking requirements for residential development with the purpose of reducing the required number of spaces per unit in the plan area. Action on Remand from LUBA To reinstate the height and parking provisions, the City must adopt findings demonstrating how the height and parking provisions are consistent with the sections of the state transportation rule sections identified by LUBA, and with West University Refinement Plan Policy 3. Attached for the City Council’s consideration are draft ordinances and findings that specifically address the remand issues raised by LUBA. Although the building height and parking provisions were previously contained in one ordinance (No. 20418), they have been separated into two ordinances for the council’s consideration on remand. Effective Date Consistent with the City Attorney’s recommendation and the City Council’s usual practice for land use regulations, each of the draft ordinances has been prepared so that the regulations will not go into effect until they are “acknowledged” by the State. If no appeal is filed, the ordinances would take effect in 30 days. If appealed, effectiveness would be delayed until the appeal body makes a final determination that the City’s new findings sufficiently demonstrate consistency with the identified provision of the State transportation rule and refinement plan policy. Instead of an effective date that is triggered by State acknowledgement, the council has the option of directing staff to revise either or both of the draft ordinances to use the 30-day effective date most often used for non-land use ordinances. Additionally, if six councilors agree, the council has the option of directing that either or both ordinances be revised to include an immediate effective date, as it did when the provisions were adopted the first time. The three options for an effective date have both political and legal implications that staff intend to address further, if there are questions. Sunset Date The City Council originally adopted the MiCAP height and parking ordinance with the intent that it would serve as an interim measure, to give the Infill Compatibility Standards (ICS) project time to examine the height and parking issues more comprehensively and to propose different standards or solutions, if needed. At that time the ICS project was expected to return to the council with proposed actions on height and parking by February 11, 2010. As such, the City Council directed that the height and parking ordinance (No. 20418) include a sunset provision, making the height and parking regulations automatically repeal (go out of effect) on February 11, 2010, if they had not already been replaced with an ICS proposal by that date. To be consistent with the City Council’s original intent, each of the draft ordinances (see Attachments A and B) has been prepared with a sunset date. The sunset date in these ordinances has been extended to June 30, 2010, to accommodate the potential of an appeal of the ICS height and parking provisions. City Attorney staff will respond to questions with respect to the sunset date and associated options. Z:\CMO\2009 Council Agendas\M090921\S0909212.doc