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

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1achievement of maximum residential development densities in the 16-block area and the two 4 2university neighborhoods. 3With that introduction to the parties’ dispute regarding the likely impact of the EC 4amendments, we now turn to petitioner’s assignments of error. FIRST ASSIGNMENT OF ERROR 5 6 The city has different kinds of zones, including base zones, overlay zones and special 7area zones. We understand petitioner to contend that because the challenged amendments 8regulate building height differently in a 16-block R-3 and R-4 zoned area than elsewhere in 9the city’s R-3 and R-4 zones and regulate off-street parking requirements differently in two 10university neighborhoods than elsewhere in the R-3 and R-4 zones they are de facto special 11area zones. In its first assignment of error, petitioner argues the city has adopted a stealth 12special area zone without applying and demonstrating compliance with the criteria that 13govern creation of special area zones. 5 14 EC 9.3000 explains the purpose for creating Special Area Zones. There are a 15number of criteria that govern application of Special Area Zones. Among those criteria is 16EC 9.3020(1)(b), which requires the city to find that the area that is to be included in the 17Special Area Zone: 4 As we explain below, the likely impact of the increased off-street parking requirements on traffic in the neighborhood is somewhat less clear. 5 EC 9.3000 provides: Purpose for Creating Special Area Zones “. The S Special Area zone provides procedures and criteria for recognition of areas of the city that possess distinctive buildings or natural features that have significance for the community and require special consideration or implementation of conservation and development measures that can not be achieved through application of the standard base zones. In some cases, an S Special Area Zone is applied to implement a plan for an area identified for nodal development. Application of S Special zone to a lot containing a specific building, structure, object, site or archeological resource that qualifies as an historic landmark will ensure that permitted uses encourage preservation of historic qualities.” Page 12