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

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1residential density, if such deferral is justified and subject to clear and objective rezoning 8 2standards. 3 The Eugene/Springfield Metro Area General Plan (Metro Plan) designates the 4affected university neighborhoods “High Density.” According to the Metro Plan, the High 5Density designation calls for “[o]ver 20 dwelling units per gross acre (could translate to over 628.56 units per net acre depending on each jurisdiction’s implementation measures and land 7use and development codes).” Metro Plan Policy A.9. As already noted, the city’s R-3 zone 8permits up to 56 units per net acre and the R-4 zone permits up to 112 units per net acre. By 9reducing the 50-foot and 120-foot maximum building height maximum in the 16-block area, 10petitioner argues the city has effectively downzoned this area in a way that is inconsistent 11with the Metro Plan and OAR 660-008-00025.We understand petitioner to argue the new 12off-street parking requirements have the same effect for the larger South and West University 13Neighborhoods. 14 Petitioner’s argument is without merit. The Metro Plan calls for 20 units per gross 15acre or 28.56 units per net acre. The R-3 zone permits up to 56 units per net acre and the R-4 16zone permits up to 112 units per net acre.The permissible maximum density under the R-3 17zone is twice what the Metro Plan calls for and the permissible maximum density in the R-4 18zone is well over three times what the Metro Plan calls for. Therefore, the City of Eugene 8 OAR 660-008-0025 provides: “A local government may defer rezoning of land within an urban growth boundary to maximum planned residential density provided that the process for future rezoning is reasonably justified. If such is the case, then: “(1) The plan shall contain a justification for the rezoning process and policies which explain how this process will be used to provide for needed housing. “(2) Standards and procedures governing the process for future rezoning shall be based on the rezoning justification and policy statement, and must be clear and objective.” Page 15