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

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1“Within three years of TransPlan adoption, apply the ND, Nodal Development 2designation to areas selected by each jurisdiction, adopt and apply measures to 3protect designated nodes from incompatible development and adopt a 4schedule for completion of nodal plans and implementing ordinances.” 5The Land Use Policy #5 three-year deadline to apply the ND designation and apply 14 6measures to protect nodes from incompatible development was requested by DLCD. 7According to petitioner, that three-year deadline expired four years ago and the city has yet 8to designate nodes. Petitioner contends that requiring additional off-street parking for 9multiple family development in areas of the city that have been identified as potential nodal 10development areas is inconsistent with the above TransPlan policies. In particular, petitioner 11argues that introducing such additional parking is inconsistent with the city’s obligation 12under Land Use Policy #5 to “protect designated nodes from incompatible development.” 13The city adopted the following findings to reject arguments that were presented to the 14city below that Ordinance 20418 is inconsistent with TransPlan’s nodal development 15policies: 16“* * * DLCD raises a concern that the increase in parking requirements for 17new multi-family developments in the West University and South University 18neighborhoods will encourage automobile use in the nodal area. Like the 19South University neighborhood, a portion of the West University 20neighborhood is identified in the TransPlan as being part of a ‘Potential Nodal 21Development Area,’ but no portion of the neighborhood has received the 22Nodal Development Area designation in the Metro Plan and no portion has 23been rezoned to include the /ND Nodal Development overlay zone. 24“It is not clear that any of the areas affected by the height and parking 25amendments will be designated and zoned as nodal areas for purposes of the 14 The text in TransPlan following Land Use Policy #5 explains: “This policy was added at the request of the Department of Land Conservation and Development Commission. The nodal development strategy anticipates a significant change in development patterns within proposed nodes. Development of these areas under existing plan designations and zoning provisions could result in development patterns inconsistent with nodal development. This policy documents a commitment by the elected officials to apply the new /ND nodal development Metro Plan designation and new zoning regulations to priority nodal development areas within three years of TransPlan adoption, subject to available funding.” Page 28