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Item 2: Ordinances on Minor Code Amendments (MiCAP Remand)
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Item 2: Ordinances on Minor Code Amendments (MiCAP Remand)
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6/9/2010 12:21:00 PM
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9/17/2009 2:22:55 PM
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Agenda Item Summary
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9/21/2009
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1than 20 units per acre may not be approved. The EC also imposes a maximum density in <br />2these zones. Within the R-3 zone, the “Maximum Net Density per Acre” is 56 units. EC <br />3Table 9.2750. With the R-4 zone, the “Maximum Net Density per Acre” is 112 units. Id. <br />4These minimum and maximum density requirements are not changed by the disputed <br />5amendments. This means that under EC Table 9.2750, both before and after the challenged <br />6amendments, the permissible residential development density within the R-3 zone ranges <br />7from a low of 20 units to a high of 56 units per net acre, and the permissible residential <br />8development density within the R-4 zone ranges from a low of 20 units to a high of 112 units <br />9per net acre. <br />B.Indirect Regulation That May Affect Residential Development Density <br />10 <br />11Although required minimum residential density and permissible maximum residential <br />12density in the R-3 and R-4 zones under EC Table 9.2750 are unchanged, petitioner contends <br />13the new (lower) maximum building heights in parts of the 16-block area south of the <br />14university and the new off-street parking regulations in the two university neighborhoods <br />15will have the indirect effect of preventing development from achieving the R-3 and R-4 <br />16maximum 56 and 112 units per acre densities in those areas. <br />1. Petitioner’s View of the Indirect Effect <br />17 <br />18One developer testified below that the reduced building height in the 16-block area <br />19will reduce potential building envelopes by <br />20“approximately 25% in the R4 zone immediately south of the U of O. Over <br />21an area of about 22 acres, this results in a loss of about 600 potential dwelling <br />22units—not a minor result.” Record 912. <br />23That same developer went on to contend that the increased off-street parking requirements <br />24for multiple family dwellings in the two university neighborhoods would similarly preclude <br />25achieving the maximum densities allowed under the EC in the R-3 and R-4 zone for multiple <br />26family dwellings in the two university neighborhoods: <br />Page 8 <br /> <br />
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