Item C: An Ordinance Amending Metro Plan and Jefferson/Far West Refinement Plan

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the parameters of the amendment process. Unless council takes further action with regard to the subject area, the subject area shall revert to allow Low- to Medium- Density Residential development on July 1, 2008.” 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, 2007, 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 noted that the reasoning for the recommendation differed 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 recommended approval of the amendments for the entirety of Area 15. The commission noted 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 wished to call to the council’s attention was the proposed sunset clause. The commission supported the notion of the ordinance expiring, recognizing 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 noted 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 recommended that the council review the progress of the infill compatibility standards process to determine whether it is appropriate to extend the ordinance. The Measure 37 impacts of this ordinance are unknown. It is possible that claims could be made by owners of property that is now designated Medium Density Residential, and thus eligible for R-2 zoning, if the City changes the designation to Low Density Residential, thereby restricting the eligibility for R-2. In general, all new regulations that restrict land use have the potential to be the basis for such claims. The council held a public hearing on this topic on February 20, 2007. At the hearing, three councilors asked to have the ordinance revised to include: 1) an effective date upon adoption; and 2) a sunset date L:\CMO\2007 Council Agendas\M070312\S070312C.doc