Ord. 20625 - Laserfiche WebLink

Home Browse Search

Exhibit B Upon adoption, the ordinances were subsequently appealed to the Land Use Board of Appeals (LUBA) by several parties. Following the LUBA decision on November 29, 2018 remanding the ordinances, the City Council held a work session on February 20, 2019 to begin addressing the remand. At the meeting, Council reviewed the regulations raised in the LUBA appeal to provide an initial determination if they are "reasonable regulations relating to siting and design" consistent with ORS 197.312(5). Council provided direction for staff to return with a proposed ordinance to eliminate some regulations along with findings to justify how the remaining regulations raised in the LUBA appeal are consistent with ORS 197.312(5). For the remand, a Revised Notice of Proposed Amendment was filed with the Oregon Department of Land Conservation and Development on May 3, 2019. A public hearing before the City Council was held May 20, 2019. The City Council public hearing on the proposal was noticed to all neighborhood organizations in Eugene, as well as community groups and individuals who requested notice, including interested parties from the initial adoption. Notice of the public hearing was published in the Register Guard. Information concerning the proposed amendments, including the dates of the public hearings, were posted on the City of Eugene website. In addition, an interested parties email list was maintained, and email updates were provided at each step. These processes afford ample opportunity for citizen involvement consistent with Goal 1. Therefore, the ordinance is consistent with Statewide Planning Goal 1. Goal 2 -Land Use Planning. To establish a land use planning process and policy framework as a basis for all decisions and actions related to use of land and to assure an adequate factual basis for such decisions and actions. Eugene's land use code specifies the procedure and criteria that were used in considering these amendments. The record shows that there is an adequate factual basis for the amendments. The Goal 2 coordination requirement is met when the City engages in an exchange, or invites such an exchange, between the City and any affected governmental unit and when the City uses the information obtained in the exchange to balance the needs of the citizens. To comply with the Goal 2 coordination requirement, the City engaged in an exchange about the subject of these amendments with all of the affected governmental units. Specifically, the City provided notice of the proposed action and opportunity to comment to the Oregon Department of Land Conservation and Development, as well as to Lane County and the City of Springfield. There are no exceptions to Statewide Planning Goal 2 required for these amendments. Therefore, the amendments are consistent with Statewide Planning Goal 2. Goal 3 - Agricultural Lands. To preserve agricultural lands. The amendments are for property located within the urban growth boundary and do not affect any land designated for agricultural use. Therefore, Statewide Planning Goal 3 does not apply. Goal -Forest Lands. To conserve forest lands.