Item A: Ordinance Adopting New PROS Comprehensive Plan

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b)The assertion that the PROS Plan does not impact the residential land inventory is a fiction and, in fact, the City is on a “parkland buying spree.” c)The City does not have the authority to extend its planning into rural Lane County. Staff Response: a)This testimony directs the Council to the ORS 195.120-.125 and to OAR Chapter 660, Division 24, in support of the assertion that the PROS Comprehensive Plan must identify planned facilities. We have looked at ORS 195.120-.125 and OAR Chapter 660, Division 24, and can find nothing that supports this contention. This testimony also directs the Council to the statutory definition of “comprehensive plan” in support of the assertion that the PROS Comp Plan must include specific projects. The statutory definition of “comprehensive plan” in not applicable to the adoption of the PROS Comprehensive Plan. The Eugene-Springfield Metropolitan Area General Plan (Metro Plan) is the policy tool that provides a basis for decision-making in this area and is this area’s “Comprehensive Plan” as that term is defined by state statute. The Metro Plan includes a Parks and Recreation Facilities Element and the PROS Comprehensive Plan is consistent with the policies set forth therein. b)The PROS Comprehensive Plan does not change the zoning, designation or allowed uses on any properties. While the PROS Comprehensive Plan does include strategies to provide a certain amount of park acreage per 1,000 residents and identifies the need to acquire property for park use, it does not rezone any property for park use. Thus, the PROS Comprehensive Plan has no effect on the buildable land inventories. c)Adoption of the PROS Comprehensive Plan does not amount to the City exercising any governmental authority outside of the UGB or outside of the City’s limits. As noted in the PROS Comprehensive Plan, the document has no regulatory effect on land not under the City’s jurisdictional authority. The PROS Comprehensive Plan is not intended to have any legal or regulatory effect for land located outside City limits. It is strategy/planning document that is intended as a guide for the City as it moves forward to meet the recreational and park needs of the City’s residents. The City of Eugene is a home rule city. The City adopted its charter pursuant to Article XI, Section 2 of the Oregon Constitution governing home rule powers of cities. Within the City charter, the citizens granted to the City “all powers that the Constitution or laws of the United States or Attachment B January 18, 2006 Page 9