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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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1 There is evidence in the record that parking is a problem near the university and that <br />2the old one-space per unit parking standard is likely contributing to that parking problem. <br />3However, it seems to us that it was entirely foreseeable in 1993 that “reducing the required <br />4number of parking spaces per unit in the plan area” could either create or exacerbate parking <br />5problems in the university area, if steps beyond simply reducing the required number of <br />6parking spaces were not taken. From the decision and the evidence in the record that the <br />7parties have called to our attention, we cannot tell why a decision to increase off-street <br />8parking is consistent with a policy that calls for reducing off-street parking. Although we <br />9agree with the city that West University Neighborhood Refinement Plan Policy 3 need not be <br />10interpreted to preclude the city from adjusting how the city chooses to implement that policy, <br />11the city needs to explain how a decision to increase off-street parking is consistent with a <br />12policy that calls for reducing off-street parking. Because there are no findings that provide <br />13that explanation, we agree with petitioner that remand is required. Citizens Against <br />14Irresponsible Growth v. Metro. <br />15 This subassignment of error is sustained. <br />B.Metro Plan Housing Policies <br />16 <br />17Metro Plan Policy A.2 provides in part that “[r]esidentially designated land within the <br />18UGB should be zoned consistent with the Metro Plan and applicable plans and policies[.]” <br />19As previously noted, Metro Plan Policy A.9 calls for residential dwelling densities of 20 <br />20dwelling units per gross acre and 28.56 dwelling units per net acre. Metro Plan Policy A.14 <br />21provides that the city is to “[r]eview local zoning and development regulations periodically <br />22to remove barriers to higher density housing and to make provision for a full range of <br />23housing options.” Petitioner argues Ordinance 20418 is inconsistent with these policies <br />24because it introduces new barriers to higher density and does not allow the density <br />25envisioned by the Metro Plan. <br />Page 21 <br /> <br />
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