Item 1: River Ridge Metro Plan Diagram Amendment

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changed the subject site’s Metro Plan designation from Low Density Residential to Parks and Open Space. This resulted in the site’s Metro Plan designation being consistent with the refinement plan, but inconsistent with its Low Density Residential zoning. At the urging of the property owner, on May 11, 2009, the Eugene City Council voted to initiate consideration of this proposal to return the property to the Low Density Residential Metro Plan designation. For complete consistency, the proposal also includes an automatic change in the refinement plan designation. Additional information regarding land use and zoning history was provided to the council as part of the May 11, 2009 Agenda Item Summary and is provided as part of Attachment A.3. The Eugene and Lane County Planning Commissions held a joint public hearing on August 4, 2009. In addition to information from staff, the Planning Commissions received written and/or oral testimony from: Deborah and Eric Jeffries (the property owners); Oregon Department of Land Conservation and Development (DLCD); Barbara Mitchell (on behalf of the Cal Young Neighborhood Association Executive Committee); Tom Mitchell; and Kevin Matthews (Friends of Eugene). Draft minutes and copies of the testimony are included as Attachments A.4, B and D. Much of the Planning Commissions’ deliberation related to the testimony from DLCD. See Attachment A.4. DLCD’s letter recommended approval of the proposal without the transportation-related conditions that appeared in the draft ordinance. DLCD’s letter concludes that the proposal complies with the State’s Transportation Planning Rules without the need for any conditions. After deliberations, both Planning Commissions recommended approval of the draft ordinance with the conditions (Eugene unanimously, Lane County with one dissent). However, Lane County’s motion also directed staff to request a clarification from DLCD and to provide the council and board with a response to DLCD’s clarification. DLCD’s clarification and the City Attorney’s response are attached to this Agenda Item Summary as Attachment E. In short, the City Attorney’s office believes that DLCD’s position, strenuously preferred by the property owner, could be legally defended if appealed. PROCESS Pursuant to adopted procedures, the City Council and County Board must limit their review to the evidence that was presented to the Planning Commissions, along with any arguments that are presented at the public hearing. The City Council and County Board of Commissioners cannot accept new evidence unless they first vote to use a procedure that differs from the adopted process. Staff will assist in ensuring that no new evidence is entered into the record at the public hearing. RELATED CITY POLICIES The proposal must be consistent with the Metro Plan, applicable refinement plans and the Statewide Planning Goals. These are addressed in the draft findings at Attachment A.2. COUNCIL/BOARD OPTIONS Hold a public hearing and either close the record or set a future date for record closure.