Item 5: Ordinances on Minor Code Amendments

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The current (MiCAP) proposal further limits maximum building heights in the R-3 and R-4 zones within a 16 block area located south of the University of Oregon to provide a more graduated height transition between this R-3/R-4 area and the adjacent R-1 neighborhood. There is no evidence that suggests the height provisions discussed above were adopted or relied upon to demonstrate compliance with OAR 660-12-0045(5)(a). Written findings addressing compliance with Statewide Planning Goals and the Metro Plan were prepared for the 2001 land use code update (Ordinance No. 20224). Those findings discussed numerous code provisions that demonstrated consistency with Goal 12 - Transportation. The building height maximums were not included in those findings as a basis for consistency with Goal 12. Based on those findings, the 2001 code was acknowledged as complying with Goal 12 and the TPR, with no mention of the building height maximums. The City’s consistency with OAR 660-12-0045(5) was not dependent on the building height maximums. It was actually the City’s establishment of a /TD Transit Oriented Development overlay zone in 1993 under Ordinance No. 19946 that specifically addressed compliance with OAR 660-012- 0045(5)(a). The 16-block area where the current (MiCAP) proposal would apply is not within the /TD Transit Oriented Development overlay zone and leaves DLCD’s acknowledgement of that zone’s consistency with OAR 660-012-0045(5)(a) undisturbed. The current (MiCAP) proposal to require more graduated maximum heights in this 16-block area is consistent with, and does not have any effect on the City’s current acknowledgement for consistency with Goal 12 and specifically OAR 660-012-0045(5)(a).