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

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2 1foot maximum height limit is required to achieve the allowed 112 units per net acre. 2Intervenors-respondents contend that is clearly not the case, and point to a table in the record 3that shows existing developments with 3.5 and 4 stories that have achieved densities of 112 4and 110 units per net acre, respectively. Record 385. A developer will simply need to 5achieve the maximum permitted 112 units per net acre in the R-4 zone in a shorter building. 6That may require a different design to achieve the maximum permitted residential density in 7the three, five or seven story buildings that are now possible in the step-up transition area 8within the R-4 zoned portion of the 16-block area, but intervenors-respondents contend there 9is no reason to believe the permissible maximum development density cannot be achieved in 3 10such shorter buildings. 11Intervenors-respondents also contend that petitioner’s reasoning regarding the likely 12effect of the new off-street parking requirements is flawed as well. In particular, intervenors- 13respondents contend that petitioner overlooks EC 9.6410(3)(a), which reduces the amount of 14off-street parking that is required under EC Table 9.6410, both before and after the disputed 15amendment to EC Table 9.6410. EC 9.6410(3)(a) provides as follows: 16“A parking reduction of up to 50% of the minimum requirement in the /ND 17overlay zone and up to 25 percent of the minimum requirement in all other 18zones is allowed as a right of development. In addition to these reductions, a 19parking reduction of 25% of the minimum required off-street parking is 20allowed for shared off-street parking.” 21Thus, if an applicant wanted to take advantage of EC Table 9.6410, the amount of 22required off-street parking for multiple family housing in the two university neighborhoods 23under EC Table 9.6410 before the disputed amendments was .75 parking spaces per unit. 24That EC 9.6410(3)(a) 25 percent reduction would also apply to the new off-street parking 2 At oral argument the parties appeared to generally agree that each story of a building requires approximately 10 feet of building height so that a 30-foot building would likely include three stories. 3 Intervenors-respondents also point out that the maximum building height in the 16-block area within 50 feet of R-1 zoned property (for R-4 zoned property) is actually increased slightly by Ordinance 20418 (from 30 feet to 35 feet). Page 10