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Item 5: Ordinances on Minor Code Amendments
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Item 5: Ordinances on Minor Code Amendments
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10/12/2009
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<br />adopters) demonstrated -- and DLCD acknowledged -- a plan that would result in a 10 percent <br />reduction in parking spaces per OAR 660-012-0045(5)(c)(A) without regard to residential <br />parking. The table showed that the level of parking spaces per capita would be reduced by more <br />than the 10 percent reduction required by the TPR. As such, the currently proposed (MiCAP) <br />increase in required parking for multi-family residential developments in a limited geographic <br />area does not impact the ability of the metropolitan area to meet the TPR requirement of <br />reducing parking spaces per capita by 10 percent, and will not cause the Eugene Code to be <br />inconsistent with OAR 660-012-0045(5). <br /> <br /> <br />(2) The amendment is consistent with applicable provisions of the Metro Plan and <br />applicable adopted refinement plans. <br /> <br /> <br />The Land Use Board of Appeals, in their Final Opinion and Order for the appeal of Ordinance <br />No. 20418, found that the City had not adequately addressed a seemingly relevant portion of <br />West University Refinement Plan, Chapter V, Policy 3 when it adopted Ordinance 20418, <br />increasing the required number of parking spaces for multiple family dwellings in the West <br />University Neighborhood. <br /> <br />Chapter V, Policy 3 from the West University Refinement Plan is provided below (emphasis <br />added): <br /> <br />The City of Eugene will update its Land Use Code and that effort shall <br />particularly take into account the need to: <br />--reduce non-residential uses permitted in the R-3 and R-4 zones. <br />--redefine usable open space. <br />--enable infilling on newly created small lots. <br />--enable alley access as the primary access to newly created lots. <br />--reduce the minimum lot size. <br />--increase the flexibility of development standards (for example to enable <br />more efficient use of open space, shared open space, shared parking, and <br />more extensive use of public rights-of-way). <br />--review parking requirements for residential development with the purpose of <br />reducing the required number of spaces per unit in the plan area. <br />--amend the commercial zoning in the City Code to provide a greater range of <br />commercial zones. WURP, 49. <br /> <br />With respect to this policy, LUBA stated: <br /> <br />“From the decision and the evidence in the record that the parties have called to <br />our attention, we cannot tell why a decision to increase off-street parking is <br />consistent with a policy that calls for reducing off-street parking. Although we <br />agree with the city that West University Neighborhood Refinement Plan Policy 3 <br />need not be interpreted to preclude the city from adjusting how the city chooses to <br />implement that policy, the city needs to explain how a decision to increase off- <br />street parking is consistent with a policy that calls for reducing off-street parking. <br />Because there are no findings that provide that explanation, we agree with <br />petitioner that remand is required.” <br /> <br />3 <br /> <br /> <br />
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