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HomeMy WebLinkAbout12/09/1992 Meeting (2) ~- e M I NUT E S Joint Public Hearing Eugene City Council Springfield City Council Lane County Board of Commissioners Council Chamber--Eugene City Hall December 9, 1992 7 p.m. EUGENE COUNCILORS PRESENT: Shawn Boles, Randy MacDonald, Ruth Bascom, Debra Ehrman, Paul Nicholson. ABSENT: Mayor Jeff Miller; Roger Rutan, Bobby Green, Kaye Robinette, councilors. SPRINGFIELD COUNCILORS PRESENT: Mayor Bill Morrisette; Bruce Berg, Ralf Walters, Larry Shanz, Gayle Decker. ABSENT: George Wojcik, Lee Beyer. LANE COUNTY COMMISSIONERS PRESENT: Ellie Dumdi, Chair; Jerry Rust, Steve e Cornacchia. ABSENT: Jack Roberts, Marie Frazier. I. PUBLIC HEARING: REQUEST FOR AMENDMENT TO THE METROPOLITAN AREA GENERAL PLAN AND THE RIVER ROAD/SANTA CLARA URBAN FACILITIES PLAN (JOHNSON. ET AL.. MA 92-2 AND RA 92-2) Eugene Council President Shawn Boles welcomed the audience and announced that the purpose of the joint public hearing was to consider a request for amend- ment to the Metropolitan Area General Plan and the River Road/Santa Clara Urban Facilities Plan. The amendment involves changing the land use designa- tion for approximately 78 acres from Light-Medium Industrial to Low-Density Residential. He asked those interested in testifying to fill out a request to speak form. A. Call to Order/Declaration of Conflicts of Interest or Ex Parte Contacts 1. Eugene City Council The joint public hearing of December 9, 1992, of the Eugene City Council was called to order by Council President Shawn Boles. e MINUTES--Joint Elected Officials December 9, 1992 Page 1 e There were no conflicts of interest or ex parte contacts declared. 2. Lane County Commissioners The joint public hearing of December 9, 1992, of the Lane County Board of County Commissioners was called to order by Chair Ellie Dumdi. There were no conflicts of interest or ex parte contacts declared. 3. Springfield City Council The joint public hearing of December 9, 1992, of the Springfield City Council was called to order by His Honor Mayor Bill Morrisette. There were no conflicts of interest or ex parte contacts declared. Ms. Dumdi read the Lane County ordinance title onto the record. Mayor Morrisette said that the reading of the ordinance will be conducted at the December 14 Springfield City Council meeting. B. Staff Presentation Jan Childs, Eugene Planning and Development Department {PDD}, summarized the procedures that will be used for the joint public hearing. All three juris- dictions must take action on the Metro Plan amendment application, and only e Eugene and Lane County will take action on the proposed amendment to the River Road/Santa Clara Urban Facilities Plan. Jean Hahn, PDD, summarized criteria necessary for both Metro Plan and refine- ment plan amendments and presented the staff report. This citizen-initiated request involves eight different tax lots totaling 78 acres owned by seven different property owners. The site is located on the south side of Irving Road, north of Beltline Road, and east of the Northwest Expressway. The site is predominantly vacant, with seven existing single- family residences on the property. Notice of this request was sent to the Santa Clara Neighborhood Organization and to all property owners and occupants within a 400-foot radius of the request. All written testimony received regarding this request has been in support of the proposed amendment with one exception. The Santa Clara Neighborhood Organization originally opposed the request in a letter dated September 9, 1992. On October 2, 1992, the neighborhood group sent a second letter reversing its original opposition and offering its support of the proposed amendment. On September 29, 1992, the planning commissions of Eugene, Springfield, and Lane County held a joint public hearing on this request. Both the planning commissions of Eugene and Lane County recommended approval of the request, and the Springfield Planning Commission approved a motion to not forward a e MINUTES--Joint Elected Officials December 9, 1992 Page 2 e recommendation on this request to the elected officials. Ms. Hahn said that Eugene Planning Commission President Jenny Sirnio was present to answer questions. Ms. Hahn said that the Eugene councilors were provided with a revised draft ordinance to amend the River Road/Santa Clara Urban Facilities Plan. She reviewed the changes contained in the revised draft, noting that they were made to make Eugene's ordinance more similar in content to Lane County's ordinance. Responding to a question from Ms. Ehrman, Ms. Hahn explained that the Santa Clara Neighborhood Organization reversed its original opposition in light of the wide spread support for the request expressed by the adjacent property owners, and after reviewing further information provided by staff, it conclud- ed that there was little possibility that the land would actually develop as industrial. Responding to a question from Mr. Berg, Ms. Hahn said that Tax Lot 1400 north of Irving Road was zoned RA/UL (suburban residential outside of city limits but inside the urban growth boundary), or Low-Density Residential. C. Public Testimony Mr. Boles opened the public hearing. Jim Saul, III West 7th Avenue, representing the applicants, the Johnsons, who e own 35 acres of the area under consideration, noted that they were unable to attend but that their son-in-law, Douglas Moorhead, was present to answer questions. Mr. Saul said that all of the affected property owners have expressed support for the application. He said that all of the necessary criteria for both Metro Plan and refinement plan amendments have been met and that the Johnsons, as well as the other property owners, do not believe that the property is suitable for industrial use. Mr. Saul pointed out that the property was designated as Low-Density Residen- tial prior to adoption of the Metro Plan, and said that, at that time, the property owners who currently reside on the property purchased their property based on that zoning. He said that when the Metro Plan was first published in 1980, the zoning designation for the property was changed to Special Light Industrial. He said that because of conflicting versions of the Metro Plan adopted at that time by Eugene, Springfield, and Lane County, a conflict resolution process was conducted. The process included the formation of a task force to address conflicting designations of industrial land, and it ultimately concluded that a Special Light Industrial designation was inappro- priate and recommended that the property be designated Light Medium Industri- al. The 1982 Metro Plan incorporated this recommendation; however, in 1985, when the River Road/Santa Clara Urban Facilities Plan was adopted, the facilities plan concluded that a Light-Medium Industrial designation was inappropriate and recommended that the property be redesignated as Special e MINUTES--Joint Elected Officials December 9, 1992 Page 3 ~~ e Light Industrial with a requirement that any development on the property must be done through a Planned Unit Development (PUD) process. He noted that the property does not meet the necessary criteria to be designated as Special Light Industrial in the Metro Plan. Finally, he pointed out that the most recent study of industrial lands, the Metropolitan Area Industrial Lands Study, suggests that the Light Medium Industrial designation is inappropriate. Mr. Saul said that John Lively, Metropolitan Partnership, has shown the property to a number of potential industrial users and that all of them have rejected it primarily for the following two reasons: 1) the property is considered too isolated from other industrial areas; and 2) there are concerns about a potential conflict with adjacent residences. Mr. Saul said that the Springfield Planning Commission voted not to forward a recommendation on the application because it felt it was a Eugene matter, but noted that Commissioner Stu Berge, who owns METCO Property Management, commented at the joint planning commission public hearing that METCO does not include the property on its listing of potential industrial sites, as it does not consider it an appropriate industrial site. In conclusion, Mr. Saul felt that the current designation of the property as Light-Medium Industrial is inappropriate. He said the property is surrounded by Low-Density Residential districts. He reiterated that public testimony related to the request has been overwhelmingly in support of a Low-Density Residential designation. He said it was also pointed out at the Joint Planning Commission public hearing that the existing Light-Medium Industrial e designation has had a negative impact on the ability of property owners to finance improvements on existing dwellings located on the property. D. Questions to Staff Responding to a question from Mayor Morrisette, Mr. Saul said he understood that each of the current property owners purchased their property prior to 1980. He added that at the time the application was submitted, there were eight property owners and that a recent acquisition has reduced that number to seven. Responding to a question from Ms. Bascom, Ms. Hahn said that if the property were designated as Low-Density Residential, another Metro Plan amendment would be required to develop the property as Medium-Density Residential. Responding to a question from Mr. MacDonald, Ms. Hahn affirmed that annexation of the property is required before further development on the site occurs. Responding to a question from Mayor Morrisette, Mr. Saul said the Eugene Planning Commission held considerable discussion about designating some of the property as Medium-Density Residential. He added that the property owners do not wish to have such a designation. Jenny Sirnio, Eugene Planning Commission President, said that after discussing a variety of designations, including Medium-Density Residential, the commis- e MINUTES--Joint Elected Officials December 9, 1992 Page 4 ~ e sion recommended Low-Density Residential, in part due to the Medium-Density Residential development on the Walnut Grove property located to the south. Ms. Hahn added that the commission was supportive of the applicant's indica- tion that the property miaht be developed with affordable housing, which could be done with a Low-Density Residential designation. Mr. Nicholson expressed discomfort with Eugene's policy that grants annexation to property owners who want to develop their land without consideration of the impact of the planned development. Responding to a question from Mayor Morrisette, Ms. Hahn explained that the applicant indicated that the type of affordable housing development would be manufactured dwellings, which are permitted only on property designated as Low-Density Residential. Responding to a related question from Mr. Berg, Ms. Childs explained that modular dwellings differ from manufactured dwellings; modular dwellings are allowed in both Low-Density and Medium-Density Residen- tial districts. E. Closure of Public Hearina Mr. Boles closed the Eugene City Council's public hearing. Chair Dumdi closed the Board of County Commissioners' public hearing. Mayor Morrisette closed the Springfield City Council's public hearing. e F. Eugene City Council Discussion/Action Ms. Ehrman expressed support for the application. Referring to concern expressed earlier by Councilor Nicholson about the City's annexation policy, she said she supported voluntary annexation and felt that there should not be opposition to property owner-initiated annexation requests. Mr. Nicholson ex- pressed concern about automatically granting annexation requests merely based on a property owner's wish to develop his/her property. He felt that the policy encourages non-compact development, pointing out that such development is opposed in all other land use policies. Mr. Nicholson expressed support for the application, saying he did not think it should be denied on the grounds of what he felt was an unwise policy. Mr. Boles noted that the Eugene Planning Commission was reviewing the City's annexation policies and suggested postponing discussion on that topic until the council considers the commission's recommendations. Mr. MacDonald felt that Councilor Nicholson raised an important point, especially in light of Ballot Measure 5, and concurred with him that the application should not be denied based on the City's annexation policies. Ms. Bascom expressed support for the application. Responding to a question from Ms. Bascom, Ms. Hahn said the Eugene Code does allow development on the property to occur through the PUD process. She affirmed Mr. Nicholson's statement that the property owner could earn a density bonus if the property were developed with low-income housing. e MINUTES--Joint Elected Officials December 9, 1992 Page 5 e CB 4428--An ordinance amending the Eugene-Springfield Metropolitan Area General Plan Diagram and adopting a savings and severability clause (MA 92-2, Johnson, et al.). Ms. Ehrman moved, seconded by Ms. Bascom, that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Mayor Morrisette asked that Eugene councilors hear feedback from Springfield councilors and County commissioners before acting on the request. Responding to questions from Mr. Walters, Ms. Childs said the Eugene Code does comply with new State statutes regarding manufactured housing and allows manufactured housing as an outright permitted use in low-Density Residential districts. Although he agreed with the Springfield Planning Commission that the request was a Eugene matter, Mr. Walters offered his support for the request. Ms. Dumdi echoed Mayor Morrisette's request and asked for comments from commissioners. Mr. Rust said he supported an increase in density in the designation. He did not think that the request was merely a Eugene matter and felt that Metro Plan amendments should concern all three jurisdictions. e Responding to a question from Mr. Berg, Ms. Childs said she would provide information on Eugene's inventory of undeveloped Medium-Density Residential districts at the Springfield City Council's December 14 meeting. Mr. Berg pointed out that the property under consideration is surrounded by low-Density Residential districts. He said that Eugene's housing goal is to increase the number of rental units. He asked the Eugene City Council to consider its housing goal in its action on the request. Ms. Decker, who served on the Industrial lands Task Force to which Mr. Saul referred, recalled several dilemmas posed by the property under consideration that were addressed by the task force. She compared the request to a similar request in Springfield involving the redesignation of property adjacent to a railroad and industrial district to allow an elderly low-income housing project. She added that she would follow Eugene's action on the request. Responding to the concern expressed by Councilor Berg, Ms. Ehrman pointed out that the Eugene City Council has designated Medium-Density Residential districts in various instances in spite of significant public opposition, citing the Willakenzie Refinement Plan and a low-income affordable housing project currently being developed called Orchards. Mr. Boles said his support for the request was partly based on the fact which Mr. Saul noted in his testimony that the original designation of the property was Low-Density Residential. e MINUTES--Joint Elected Officials December 9, 1992 Page 6 e Ms. Bascom pointed out that there is a 40-acre Medium-Density Residential district located to the south of the property under consideration which will be developed with permanent affordable housing. Ms. Dumdi said that after discussing issues related to the request at a recent board meeting, commissioners agreed that a Low-Density Residential designation was appropriate. Mr. Nicholson agreed with Councilor Berg's suggestion that Eugene's housing goal should be considered in acting on the request. He said he did not think the fact that the property is surrounded by Low-Density Residential districts deemed it inappropriate to be designated Light-Medium Industrial. Mr. Cornacchia reported concerns expressed by his constituents about a low- income housing project that is currently being developed adjacent to an upscale neighborhood. He said he hoped that Springfield would consider an amendment to the Gateway Refinement Plan to redesignate some of the Medium- Density Residential and Special Light Industrial properties south of Gateway as Low-Density Residential. Mr. Berg said he hoped that Eugene councilors would not take his comments as a criticism but more as a plea. He felt that the property under consideration was ideally located for designation as a Medium-Density Residential district, Mr. MacDonald acknowledged Mr. Berg's plea and noted the difficulty in acting on land use requests for properties located outside of Eugene's jurisdiction. e He said that such requests are creating an urban load and planning demand to which Eugene is expected to respond. Responding to a question from Mr. MacDonald about the Metro Plan amendment application, Ms. Childs explained that if the draft Metropolitan Natural Resources Plan is not adopted by all three jurisdictions, it cannot be used as a basis for protection as cited in the Metro Plan amendment application. She said that if an annexation/zone change application were to be submitted under such a case, the City of Eugene would likely attach site review criteria to the zoning to address some of the concerns included in the Natural Resources Plan. Mr. Nicholson and Mr. Boles concurred with Commissioner Rust's earlier comment that Metro Plan amendments are the concern of all three jurisdiction. Responding to a request from Mr. Boles, Ms. Childs said the joint elected officials hearings procedure script would be revised to reflect the process used in this public hearing. Mr. Cornacchia reported concerns expressed about proposed revisions to the Metro Plan amendment process. Roll call vote; the motion passed unanimously, 5:0. Council Bill 4428 was read the second time by number only. e MINUTES--Joint Elected Officials December 9, 1992 Page 7 . Ms. Ehrman moved, seconded by Ms. Bascom, that the bill be ap- proved and given final passage. Roll call vote; all councilors present voting aye, the bill was declared passed and became Ordinance No. 19893. CB 4429--An ordinance amending the River Road/Santa Clara Urban Facilities Plan regarding a change in land use designa- tion for certain parcels from Light Medium Industrial to Low-Density Residential (RA 92-2, Johnson, et. al.). Ms. Ehrman moved, seconded by Ms. Bascom, that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Roll call vote; the motion passed unanimously, 5:0. Council Bill 4429 was read the second time by number only. Ms. Ehrman moved, seconded by Ms. Bascom, that the bill be ap- proved and given final passage. Roll call vote; all councilors present voting aye, the bill was declared passed and became Ordinance No. 19894. G. Board of County Commissioner Action Mr. Rust moved, seconded by Mr. Cornacchia, to adopt Ordinance No. PA 1027. Poll; all commissioners present voting aye, the Ordi- e nance was declared passed. H. SorinQfield City Council Action Mayor Morrisette announced that the Springfield City Council is scheduled to act on the Metro Plan amendment at its December 14 meeting. Mr. Boles adjourned the meeting of the Eugene City Council. Ms. Dumdi adjourned the meeting of the Board of County Commissioners. Mayor Morrisette adjourned the meeting of the Springfield City Council. The meeting adjourned at 8:10. (Recorded by David Straub) jeo09.122 e MINUTES--Joint Elected Officials December 9, 1992 Page 8