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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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1under the Ordinance 20418 amendments will inevitably result in more impervious surface is <br />2simply too tenuous. As intervenors-respondents point out, apparently few developers of <br />3multiple family dwellings in the area are currently taking advantage of the higher maximum <br />4building heights before Ordinance 20418, and even if they were it does not necessarily <br />5follow that the smaller footprint of such buildings would result in fewer impervious surfaces. <br />6In addition, if parking is provided underneath multiple family development, there would be <br />7no increase in exposed impervious surface. <br />8This subassignment of error is denied. <br />9The fifth assignment of error is sustained in part and denied in part. <br />SIXTH ASSIGNMENT OF ERROR <br />10 <br />11 Under its sixth assignment of error, petitioner argues the city failed to demonstrate <br />12that the amendments adopted by Ordinance 20418 are consistent with the Transportation <br />13Planning Rule (TPR-OAR chapter 660, division 12) and Metro Plan and TransPlan Policies. <br />A. Significant Affect on Transportation Facilities <br />14 <br />15 As potentially relevant in this appeal, under the TPR an amendment to a land use <br />16regulation would significantly affect a transportation facility if “[a]s measured at the end of <br />17the planning period identified in the adopted transportation system plan,” the land use <br />18regulation amendment would: <br />19“(A) Allow land uses or levels of development that would result in types or <br />20levels of travel or access that are inconsistent with the functional <br />21classification of an existing or planned transportation facility; <br />22“(B) Reduce the performance of an existing or planned transportation <br />23facility below the minimum acceptable performance standard <br />24identified in the TSP or comprehensive plan; or <br />25“(C) Worsen the performance of an existing or planned transportation <br />26facility that is otherwise projected to perform below the minimum <br />27acceptable performance standard identified in the TSP or <br />28comprehensive plan.” OAR 660-012-0060(1)(c). <br />Page 24 <br /> <br />
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