Item 3: Ordinance Concerning Jefferson/Far West Plan Amendments

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The Planning Commission held a public hearing on the amendments on December 5, 2006. The record was held open until December 12. On January 8, the Planning Commission deliberated and unanimously recommended approval for the reasons outlined in the attached findings (Attachment A, Exhibit C). With regard to the boundaries of the area recommended for re-designation, the Planning Commission notes that the reasoning for the recommendation differs between the portion of Area 15 north of the Amazon Channel and the portion south of the Amazon Channel. Since at least 1982, the Metro Plan diagram has shown the area north of the channel as designated for Medium Density Residential development. The area south of the channel was designated Low Density Residential. When the Jefferson/Far West Refinement Plan was adopted in 1983, it created Area 15, which includes land on both sides of the channel, and designated it Low-Medium Density Residential. See Exhibit A for the location of the Amazon channel in the neighborhood. In 2006, the Metro Plan Housekeeping Amendments became effective, changing the designation of the area south of the channel to Medium Density Residential in an effort to align with the refinement plan’s Low-Medium Density Residential designation and policy direction to allow greater than 10 units per acre in Area 15 under certain circumstances. The Planning Commission recommends approval of the amendments for the entirety of Area 15. The commission notes that changing the Metro Plan designation north of the Amazon channel goes beyond reversing the action taken by the Housekeeping amendments. This change is justified by the treatment of the entire area as one in the refinement plan, and the similar physical characteristics of development north and south of the channel in Area 15. A second issue to which the Planning Commission wishes to call to the council’s attention is the proposed sunset clause. The commission supports the notion of the ordinance expiring, in recognition that the City’s infill compatibility standards project aims to develop code standards that would make a Low-Medium Density designation acceptable in this area. The commission notes that the sunset clause should be written to describe specifically what happens to the area when the ordinance expires. In other words, it should be called out that both areas north and south of the Amazon would revert to Medium Density Residential on the Metro Plan and Low-Medium Density Residential on the refinement plan diagram. Should the institution of infill compatibility standards take longer than expected (past the July 1, 2008, expiration date of the sunset clause), the Planning Commission recommends that the council review the progress of the infill compatibility standards process to determine whether it is appropriate to extend the ordinance. Section 10 of the attached ordinance states that the entire area would revert back to existing plan designations on the sunset date, unless the council takes further action. A third issue that received substantial public testimony and discussion by the Planning Commission is the applicability of the Growth Management Policies (GMP). Consistent with past practice, the GMP a were not considered applicable to the land use decisions at hand. However, the issues and policy ideas expressed in the GMP are very relevant to these applications, especially concerning infill, neighborhood character, residential density, and compact development patterns. The Planning Commission wishes to further its discussion with the council about how the GMPs should relate to land use decision-making. a Section 3. The Growth Management Policies adopting language reads, “Resolution 4554 The policies adopted by Section 1 shall not be used in determining whether the City shall approve or deny individual land use applications. Instead, the policies will be implemented through the Council’s actions in amending the Eugene Code, 1971, and in actions other than code changes such as adopting the City budget and capital improvement program.” L:\CMO\2007 Council Agendas\M070220\S0702203.doc