Item B: Ordinance Concerning Goal 5 Natural Resources Study

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Work Session: Ordinance Concerning Goal 5 Natural Resources Study Meeting Date: October 24, 2005 Agenda Item Number: B Department: Planning and Development Staff Contact: Neil Björklund www.eugene-or.gov Contact Telephone Number: 682-5507 ISSUE STATEMENT The council will discuss the Eugene Planning Commission recommendations for the Eugene Goal 5 Natural Resources Study and testimony received on this item. BACKGROUND The council held a work session on this item on September 21, 2005, and a public hearing on September 26, 2005. The council held the written record open for written comments until 5 p.m. on Monday, October 3, 2005. A total of 55 individuals submitted testimony, including 28 individuals who submitted oral comments and 39 who submitted written comments. Twelve of those who testified submitted both oral and written comments. Staff reviewed all of the testimony received and, in several cases, met with property owners to better understand their testimony and the issues raised. The attached memo from staff summarizes the testimony, and responds to the issues raised in testimony, and, in some cases, includes recommendations to amend the Planning Commission recommendations where new information was submitted into the record that supports such changes. Changes being proposed to the draft Goal 5 ordinance are shown in legislative format in Attachment A. A revised set of legislative findings is included in Attachment B. Other exhibits (e.g., maps, ESEE analysis) that will need to be revised to be consistent with the recommendations included herein will be provided prior to City Council action, pending direction from the council. In addition to those issues raised in testimony, the recommended changes include revisions to the draft ordinance that address issues related to Measure 37 recommended by the City Attorney. At the October 10 City Council meeting, Susan Muir and Glenn Klein reviewed with the council a possible "measure 37/variance-type" process that might be included in the Goal 5 ordinance (as well as in other new land use regulations). On October 14, the Marion County circuit court issued a decision in which the court concluded that Measure 37 is void. In light of that decision, the City Attorney and staff are no longer recommending that a variance-type process be incorporated into the ordinance to authorize waivers as a way of avoiding any reductions in fair market value. If the appellate courts uphold the circuit court's decision on Measure 37, a waiver granted under Measure 37 likely would be void, but a "variance/waiver" granted under Chapter 9 of the Eugene Code likely would remain valid. Therefore, according to the City Attorney, the better way to protect the city's legal and policy interests related to the Goal 5 ordinance is to remove the language from the ordinance related to the Measure 37-type variance L:\CMO\2005 Council Agendas\M051024\S051024B.doc