Minor Code Amendment Process (MiCAP)
*** FLASH! *** Land Use Board of Appeals (LUBA) delivers major victory for JWN and
other neighborhoods. Sweeps aside the major claims of Home Builders Association
(HBA) of Lane County.

As of July 6, 2009, new lot and development standards are in effect. (See list below.)

Read a concise explanation of the decision and its implications.

Read LUBA's full decision.

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On August 11, the City Council adopted the following land use code amendments:

Summary of amendments that will benefit JWN (and other neighborhood)  residents
(effective July 6, 2009)
:
•  Reduce (by one) the excessive number of dwellings allowed on hundreds of
R-2 zoned lots in the JWN by limiting the “rounding” calculation. (#3)
•  Measure maximum building height (35 feet in R-2 zone) to the top of the building, instead
of halfway up the roof. (#4)
•  Properly measure required distance to nearby parks for open space credit. (#6).
•  Close loopholes in the “flag lot” definition and standards. (#9)
•  Set sensible lot frontage and width requirements (35’ unless there’s an approved site
review plan). Close loophole in measuring lot width. (#10)
•  Close loopholes in prohibition against new alley-access-only lots. (#11)
•  Require early neighborhood involvement in development process. (#14)
•  Close loophole in refinement plan policies’ definition of “residential character” so
policies encompasses all relevant characteristics. (#17)

Other important amendments to protect neighborhoods
(effective July 6, 2009, except for first and second items):
•  Require reasonable building height transitions along E. 19th Ave in South University
area. (#5)  (
Remanded by LUBA, not in effect until Council addresses remand.)
•  Require adequate off-street parking for five- and six-bedroom apartment complexes near
university. (#7)  (
Remanded by LUBA.)
•  Strengthen protection for natural storm water drainages in River Road and Santa Clara
areas. (#8)
•  Properly calculate allowable dwellings by excluding streets and alleys from lot area. (#12)

Read the proposed amendments.

These twelve amendments will help protect the JWN and other neighborhoods against
degradation caused by incompatible infill. Ten of the amendments (all except #5 and #7,
which were added by City Council later in the process) were unanimously endorsed by two
citizens groups – the Neighborhood Leaders Council (NLC) and the Infill Compatibility
Standards Task Team. (
Read the ICS Task Team recommendation.) The JWN Executive
Board unanimously endorsed the NLC recommendations. The other two amendments
were added by City Council at the request of neighborhood advocates.

While these amendments will not come close to providing the full set of changes needed
to prevent the kind of destructive infill that’s occurring in the Jefferson and Westside
neighborhoods, the changes would at least help plug several serious loopholes in the
approval standards that control new development in the JWN.

Over the past eighteen months, hundreds of concerned residents of the JWN and other
neighborhoods have attended numerous public meetings and worked countless hours to
get these proposals in front of the City Council.

Click here for the
full description of all eighteen amendments.

You can find some additional discussion of most of these amendments in the
NLC
document that presents their recommendations.

Continue on page 2
Jefferson Westside Neighbors