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HomeMy WebLinkAboutOrdinance No. 20289 ORDINANCE NO. 20289 AN OP~INANCE CONCERNING THE LOWER RiVER ROAD NODAL DEVELOPMENT AREA; AMENDING THE EUGENE-SPRINGFIELD METROPOLITAN AREA GENEIL4L PLAN DIAGRAM, THE Ri-gq~R ROAD-SANTA CLARA URBAN FACILITIES PLAN LAND USE DIAGR~a~M~ THE WHITEAKER PLAN AND THE EUGENE OVERLAY ZONE MAP; ADOPTING A SEVER_ABILITY CLAUSE; AND PROVI[DING AN EFFECTIVE DATE. The City Council of the City of Eugene finds that: A. On September 10,2001, the City Council adopted Ordinance No. 20234 that effected amendments to the transportation element of the Eugene-Springfield Metropolitan Area General Plan (Metro Plan) and related changes to the Plan text, and adopted revisions to TransPlan, a refinement plan to the Metro Plan. Included in the Metro Plan text amend:ments was the addition of a new section entitled "Nodal Development Area (Node)," and inclusion of "ND - Nodal Development" to the text fbr the Legend Block on the Metro Plan Diagram. C, The Metro Plan, in describing the Nodal Development Area Designation states that "[a]reas identified as nodal development areas in TransPlan are considered to have potential for this type of land use pattern." Page II-E-4. TransPlan Map A1 identifies an area east of River Road, generally between one lot south of Stults Street to Thomason Street, including both incorporated and unincorporated property as an area for nodal development. See area identified as 5F. The Eugene Planning Commission recommended, and on February 20, 2002 the Eugene City Council approved revisions to the boundary of area 5F to include the property one lot south of Thomason Street and approved the Lower River Road nodal development area as one of eight priority nodal sites. E. Chapter IV of the Metro Plan sets forth procedures for amendment of the Metro Plan, which for the C~ty of Eugene are implemented by the provisions of Chapter 9 of the Eugene Code, 19771 (EC). F. These proceedings have been initiated by the City of Eugene pursuant to procedures for amendment and refinement of the Metro Plan, which requires approval of the Eugene City Council for Type II Metro Plan diagram amendments located inside the incorporated city limks of Eugene and approval of the Eugene City Council and Lane County Board of Commissioners for Type II Metro Plan diagram amendments located within the unincorporated area. Ordinance- 1 On December 18, 2002, notice of a public hearing to be held by the Eugene planning commission w/th maps depicting the proposed amendments was delivered to the Oregon Department of Land Conserwation and Development as required by ORS 197.610. No comment was received in response to the notice. Notice of the public hearing was also mailed on January 3, 2003 to property owners and occupants, to persons who requested notice and to Eugene neighborhood associations. On January 15, 2003, notice was mailed to property owners within 300 feet of the area and notice 'was published in The Register-Guard. H. On February 4, 2003, the Eugene planning commission held a public hearing on the proposed an~endments, and followqng the public hearing, completed their recommendations. The Eugene Planning Commission unanimously recommended (6:0) that the City Council approve the amendments to the Metro Plan diagram and concurrent automatic amendment to the River Road- Santa Clara Urban Facilities Plan and the Whiteaker Plan to depict the entire lower River Road area as a nodal development area with design details to ensure active participation of the community in the process~ The Eugene Planning Commission also recommended (6:0) that the City Council approve the amendments to the Eugene Overlay Zone map to the incorporated portion of the lower River Road area. On March 17, 2003, notice of the public hearing on the ordinance amending the Eugene Overlay Zone Map was mailed to the owner of each lot proposed for rezoning as required by ORS 227.286(4). On March 23~ 2003, notice of the Eugene City Council public hearing was published in The Register-Guard and, on March 28, 2003~ notice of the public hearing was mailed to property owners within the unincorporated area, those who testified before the planning commission or requested notice in writing and those who had requested to be placed on the interested parties list for the amendments. On April 9~ 2003~ the Eugene City Council conducted a public hearing on these amendments and the Eugene City Council is now ready to take action~ Evidence exists within the record and the findings attached hereto indicating that the proposal mee~s the requirements of Chapter 9 of the Eugene Code, 1971~ and the requirements of applicable state and local law. NOW, THEREFORE THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The Metro Plan diagram is amended to add the ND-Nodal Development designation to the properties identified and described on Exhibit A attached hereto. The underlying designations for these properties shall remain unchanged. Section 2. Consistent with the provisions of EC 9.7750(4), the River Road-Santa Clara Urban Facilities Plan land use diagram located following page 2-2 of the River Road-Santa Clara Ordinance ~ 2 Urban Facilities Plan is automatically amended to apply the ND-Nodal Development designation to the properties within the bom~dary of that plan identified and described on Exhibit A. Section 3, Consistent with the provisions of EC 9.7750(4), the Whiteaker Plan land use d~agram located following page 36 of the Whiteaker Plan is automatically amended to apply the ND- Nodal DevelOpment designation to the properties within the boundary of that plan identified and described on Exhibit A. Section 4, The Eugene Overlay Zone Map is arr~ended to add the/ND Nodal Development overlay zone to the properties identified and described on Exhibit B. SeetiogS. The above findings, and the Legislative Findings set forth in Exhibit C attached hereto are adopted in support of this Ordinance. Section 6~ If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or ~mconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validivy of the remaining portions thereof. Section 7~ Notw/thstanding the effective date of ordinances as provided in the Eugene Charter of 2002, this Ordinance shall become effective 30 days from the date of its passage by the City Council and approval by the Mayor, or upon the date of its acknowledgment as provided by ORS 197.625, whichever date is later, provided that by that date the Lane County Board of Commissioners has adopted an ordinance containing identical provisions to those described in Sections 1 and 2 of this Ordinance. Passed by the CiW Council this Approved by the Mayor this 12t~ day of May, 2003 Dep'uty C~ty Recorder day of May, ~or Ordinance - 3 E~IBIT A Lower River Road Nodal Development Area Metro Plan Diagram Amendments Properties Subject to Addition of ND- Nodal Development Designation MAP & TAX LOT NUMBER 17-04'24'31 6900 17-04'24'31 8400 17-04~24-31 8500 5 7:0Z Z - 8700 17~04~24-31 8800 17204;2~3~ - 8900 17L04,24;31- 9000 17~04~24~23-~ 9100 17~04-24-31 9200 17-04'24-31 9300 17-04,24-31 9400 17204224:34- ......... ~ h7:04; 2800 17.04'24-40 2900 17~04~24-40 3000 0- 3100 17-04~24-40 3200 17-04~24-40 3300 17-04'24-40 3400 17-04-24-40 3500 2~- 3800 t7-04~24~40 3700 17~04~24-40 3800 17~04-2440 3900 17'04'24'42 1900 17"04-24-42 2000 17-04.24-42 2100 17-04'24-42 2200 17-04-24'42 2300 17-04-2442' 2400 t 7-04-24-42 2508~ 17-04'24-42 2600 17~04-24-42 2700 t 7-04-24-42 2800 MAP & TAX LOT NUMBER 17-04-24-42 2900 17-04'24-4~'--"-~-~- 30~)~ 17-04'2442 3100 17-04--24-42 3200 t7-04~24.42 3300 17-04,25-12 200 17-04~25-12 300 17-04-25-12 400 17-04-25-12 401 17-04-25-12 500 17-04.254 2 600 17-04-25-12 700 17-04-25-12 800 17-04'25-t2 ........ 90~ 17-04-25-12 1000 1--~04---25:i 21 1100 17.04-25-t2 1200 17-04225-i 2 12oq 17-04-25-12 t203 17-04-25-12 1204 17-04-25-12 1300 17-04-25-12 1400 17-04'25-12 1500 17-04-25-12 1600 17-04-25-12 17 17-04-25-12 1800 17-~22'-S-'212''~'~ 1960 17-04-25-12 200-~ 17-04-25-12 2100 17-04-25-12 2200 17-04-25-12 2300 17-04-25-12 2400 17-04-25-12 2500 17-04-25-12 2600 17-04-25-12 2601 Exhibit A-1 MAP & TAX LOT NUMBER 17-04-25-12 2700 17-04-25-12 2800 25-~ 290~ -~7-04-25-12 300E - 5-12 3001 17-04-25-12 3100 17-04-2~2- -- 3300 17-04-25-12 3301 17-04-25-12 3400 5-12 3500 - 1-'-7-04-25-12 3600 17-04-25-12 3700 - 17-04-25-12 3800 17-04-25-12 3900 17-04-25-12 4000 17-04-25-12 4100 17-04-25-12 4200 17-04-25-~" - 4300 17-04-25-'12 4400 -17-04-25-1~- 4500-- 2 4600 17-04-25-13 i 100 17-04-25-1~- - 200 17~04-25-13 300 17-04-25-13 400 17-04-25-131 401 ~--25-13 501 17-04-25-13 502 17-04-25-13 503 17-04-25-13 504 17-04-25-13 505 17-04-25~13 506 17-04-25-13 507 17-04-25~1 5 17-04-25-13 601 17-04-25-13 602 .17-04-25-13 603 17-04-25-13 604 17-04-25-13 605 , Exhibit A-2 MAP & TAX LOT NUMBER 06 17;0~2~ ..... ~ 17-04~25-13; 800 17-04~25-t3 900 17-04~25,13" 1000 ; 1100 17"04.25~ 17-04;25-~- 13~-0~ 17.04;25213' 1400 oo 17oo 5'131-- 17.04~25.13- 17-04~25-13 1901 17-04~25.t3 ~ 2000 17-04,25-131 2100 17-04~25-13 2200 17,04;25;i ~ 2400 17-04~25~13 i 2500 17-04:252i3 2600 17-04-25;'i ~' 2700 Lower River Road Noda~ Development Area Metro Plan Dmagram' and R vet Road Santa C~ara Urban Facmlities Plan Land Use Diagram and Whiteaker P~an Land Use Diagram Amendments {MA 0:2-8) Add ND Nodal Development Symbol i * Lower R vet Road Nodal Development Area · ,The ~Oda! deve!eprnellt area also iflcludes the incOrPorated pOrtion of the River ROad right-of-way, Unincorporated Area ,~ 5113/0~ EXhibii A~3 EXHIBIT B Lower River Road Nodal Development Area Zone Change Properties Subject to Addition of/ND Nodal Development Overlay Zone ~ & TAX LOT CURRE__~..__~__.______NT ZONING PROPOSED ZONING NUMBER Base Base Zone Overlay Zone Zone Overlay Zone 7'~-04-24~ 6900 17-04-24-31 ..... 84'~'~-~ R-2 --- R-2 /ND -~-~-~ - R-~ - 2-'~ ...... /ND 4-31 ~ R-2 :- R-2 ~a 17-04-24-31 870 17-04-24-31 8800 4~31 8900 R-2 R-2 17-04-24-31 ] 9000 R-2 R~2 -31 9200 9300 ~-04-24-34 '55b0 C-2 /SR ..... C-2 /SR/~4D 1%04-24-40 2700 PL PL 17-0 --'2900 PL ~ 1%04-24-40 3000 PL PL 17-04-24-40 ~ 3100 C-2 -- /SR C-'-'-~ /S~D 0 c-2 17-04-24-40 3300 C-2 ' /SR C-2~ /S~ 17-04-24-40 3500 C~2 /SR C-2 /S~D 17-04-24-40 i 3600 C-2 /SR C-2 /S~D 3700 C~2 /SR C-2 /SRDqD t7-04-24-40 3800 C-2 /SR C~2 /S~D ' i720~242~6 5~b~ ......... 1%04-24-42 1900 PL PL 1%04-24-42 2000 17-04-24-42 2100 R-2 R-2 ~D 17-04-24-42 22 17-04-24-42 230~--~ R-2 ~-2 ~'D 1%04-24-42 2400 17-04~24-42 25 17- -24-42 '2700 ~L'5 ....... R*2 ~D Exhibit MAP & TALK LOT NUlVlBER 2900 3000 17~04-25-12 17-04-25-12 Base 3300 500(p) 2O0 30O 1200 1201 2300 2600 2601 2700 17-04-25-12 17-04-25-12 17-04-25-12 17-04-2542 17-0 -25-12 t7'04-2542 1%04.2542 17~04"25-t2 3100 3300 3301 3302 3400 3500 R-2 R~2 R-2 R-2 R-2 PL PL C-2 PL R-2 R-2 R-2 Overlay Zone /SR PROPOSED ZONING R-2 R-2 R-2 R-2 PL PL C~2 PL R~2 R-2 R-2 PL R-2 R-i R-2 /SR & NA R-2 R-2 S -H S -H R-1 R-1 R-1 R-1 Overlay Z~ne /ND /ND /ND /ND /ND /SR/ND ~D /SP~,ND &/ND /ND /-ND /ND R-1 /ND R-1 R-1 /N'D R-1 /ND R-1 C~2 C~2 C-2 R4 R-1 PL PL R-1 PL PL C~2 C-2 C-2 RI1 /SP~fND /SI~JND /ND /ND PL /N~D PL /biD R-1 /ND PL PL PL PL PL R-1 /SR /SR /SR R-1 3600 R-1 3700 R-1 3800 3900 R-1 PL R-1 R-I /ND /ND /ND /ND /ND /ND /ND /ND /ND Exhibit B-2 MAP & TAX LOT NUMBER 1%04*25-12 17-04-25-13 17-04-25-13 t7-04-25-13 17-04-25-13 17-04-25-13 17-04-2543 17-04-25-13 4000 300 50I 5O3 504 508 601 602 603 604 605 606 6O7 ~NT ZONING__ B~se Zone Over-lay Zone -----P72f - R-I R-1 R-1 R-1 R-1 R-1 C-2 /SR C-2 /SR C-2 /SR C-2 /SR R4 R4 R-1 R-i R4 /ND /ND £ND /ND /ND /ND /ND /ND R-t /ND R-1 /ND R-1 /ND /ND R~I /ND R-1 /-ND R-1 R-1 R-1 R-1 C-2 C-2 C-2 C-2 /ND /ND /ND /ND /ND /ND /ND /SR/ND /SR~,%ID /SR/ND /SR/ND Exhibit day Zor~e ~ap Amendments {Z 02.d ~) t~/ i /ND Nodal Development Overlay Zone Exhibit C Findings of Consistency of Lower River Road Nodal Development Amendments with Metro Plan Amendment and Zone Change Criteria Consistency-with Metro Plan Amendment Cr~jeria: The Eugene City Council and Lane County Board of Commissioners will apply the following criteria from Eugene Code Section 9.7730(3) and Lane Code Section 12.225(2) to the proposed Metro Plan amendment: (a) The amendment must be consistent with the relevant statewide planning goals adopted by file Land Conservation and Development Commission; and (b) Adoption of the an~endment must not make the Metro Plan internally inconsister~t. The amendment must be consistent with the relevant statew4de planning goals adopted by the Land Conservation and Development Comm~ssiom Goal 1 ~ C~t~zen Involvement: To develop a citizen involvement program that insures the opportunityj;br citizens to be involved in all phases Rf the p[anning process. The City has acknowledged provisions fbr citizen involvement which insure the opportunky for citizens to be involved in all phases of the planning process and set out requirements for such involvement~ The action taken did not amend the citizen in~volvement progran~. The process for adopting these amendments complied-with Goal t since it complied with, and surpassed the requiremems of, the citizen involvement provisions. The Metro Plan amendment application is subject to the public notification and hearing processes adopted by the City of Eugene in EC 9.7720 and 9.7735 and by Lane County in Lane Code Section 12.235~ as modified by the Eugene City Council for this Council4nitiated amendment under EC 9.7750(1), and in EC 9.7520. On December 18, 2002, notice of a joint public hearing to be held by the Eugene and Lane C%nty p!~_ning co~issions with maps depicting the proposed amendments was mailed to the Oregon Department of Laid Conservation and Development as requked by ORS 197.610. No comment was received in response to the notice. Notice of the public hearing was mailed on Jarmary 3~ 2003 to property o~ers and occupants, to persons who requested notice and to Eugene r~ighborhood associations. On January 15, 2003, notice was mailed to property o-wners ~4thin 300 ibet of the area and notice was published in the Register-Guard. On February 4, 2003, Eugene and Lane County' planning commissions held a joint public hearing on the proposed amendments and cgmpleted thek recommendations following the public hearing. The Eugene Planning cormnission voted 6:0 to recommend that the Eugene City Council approve the amendments to the Metro Plan diagram and concurrent a:utomatic arnendment to the PAver Road-Santa Clara Urban Facilities Plan land use diagram and Whiteaker Plan land use diagram Exhibit C - 1 depict the Lower River Road area as a nodal development area. On March 17, 2003, notice of the public hearing on the ordinance amending the Eugene Overlay Zone Map was mailed to the owner of each lot proposed for rezoning as required by' ORS 227.286(4). On March 23, 2003, notice ofthe joint Eugene City Council and Lane County Board of Cormnissioners public hearing was published in The Register-Guard and, on March 28, 2003, notice of the joint public hearing was mailed to property owners within the unincorporated area, to those who testified before the planning commissions or requested notice in writing and those Who had requested to be placed on the interested parties list for the amendments. On April 9, 2003, the elected officials held a duly noticed public hearing to consider approval, modification, or derfial of the amendment. These processes afford ample opportunity for citizen involvement consistent with Goal 1. Therefore, the amendments are consistent ~,¼th Statewide Planning Goal 1. Goal 2 - Land Use Planning: To establish a land use planning process andpoticy framework as a basis for all decision and actions related to use of land and to aSSure an adequate factual base for such decisions and actions. The tee°rd shows that (here is a adequate fac~l base to support these plan amendmems as Goal 2req~res, Fttrther' the Goal 2 coordination requ&emem is ~et, Goal 2 reqvSres that Plans be coordinated wkh the plans of affected gove~ental units and that opportunities be provided for reTiew and comment by affbcted governmental units. To comply vdth the Goal 2 coor~nation re the City-coordinated the review of these amendments with all affected govermnental Unks. Specific~ly, nOtice was mailed to: Lane County, Springfield, City of Eugene} Lane Transit District; and the following state agencies: Department of Land C°nse~mion and Development, Oregon Department of FiSh and Wildlife, Oregon Department of Parks;and Recreation, and Oregon Department of Transportation. There are no Goal 2 Exceptions requ/red for tbJs ordinance. Therefore, the amendments are consistent vdth StateMde Planning Goal 2. Goal 3 - Agricultural Land: To preserve and maintain agricultural lands. This Goal is not apphcable to the proposed Plan amendment as the subject sites and actions do not affect any agricultural pl~ designation or use, There(om, ~s Goal is not relevant and the amendment does not affect Metro Plan compliance with Statew/de Plam6ng Goal 3. Goal 4 - Forest Land: To conserve forest lands kY' maintaining the fbrest land base and to protect the state ' s~/brest economy by making possible economically efficient forest practices that assure the continuous growing and harvesting of fbrest tree species as the leading use on forest land consistent with sound management qf soil, air, water, and fish and wildlife resources and to provide for recreational opportunities and agriculture. T?ds goal is not applkable to the proposed plan amendment as the subject sites and actions do not affect any forest plan desi~atiOn or use. There are no forest lands related t?fis application. , this Goal is also not relevant and the arnendrnent does not affect Metro Plan Exl~ibit C - 2 compliance with StateMde Planning Goal 4. Goal 5 ~ Open Spaces, Scenic and Historic Areas, and Natural Resources: conserve open ,space and protect natural and scenic resources~ The acknowledged Goal 5 inventory maps identif}' two areas with/n the nodal development area that contain Goal 5 resources. The maps show that the area of Rasor Park is generally identified as s Vegetation, mad Maurie Jacobs Park area is generally identified as park land. Although the nodal development area contains Goal 5 resources, adding the ND designation will not result in any impact to these potential resource sites. The application of the overlay designation will not af~'bct the current level of protection provided to these sites~ In additionto those resot~ces identified on the Goal 5 maps, the Potter Honse~ on tax lot 1200 of Assessor's Map 17-~04~25-12, is designated as a City historic landmark and is zoned S-H Histohc Special Area. The addition of the ND designation to this property will not result in any impact to this site, because the ske specific historic zoning regulations imposed on this site ,~,51t not be affected. No other inventoried Goal 5 resotkrces have been identified for the subject sites. These s do not create or amend the area's list of Goal 5 resources, do not amend a code n adopted ira order m protect a significant Goal 5 resource or to address specific requirements of Goal 5, do no~ allow new uses that could be conflicting uses wqth a significant Goal 5 resot~ce site and do not amend the acknowledged UGB, Therefbre, the amendments are consistent with Statewide Planning Goal 5. Goal 6 ~ AAr~ Water and Land Resources Quality: To maintain and improve the quality, of the air, water and land resources of the state. The regulations for the Nodal Development overlay zone implement the nodal development concept; an approach to integration of land use and transportation plapming that seeks to increase the use of alternative modes of transportation and reduce demand for automobile-related transportation facilities. Increasing the use of alternative modes of transportation will help to improve regional and local air quality-. Therefore, the amendments are consistent w4th Storewide Planrang Goal 6. Goal 7 - Areas Subject to Natural D~sasters and Hazards: To protect ~'~fe and ~roperty from natural disasters and hazards. Although the majority of the nodal area is within a-special flood hazard area, and portions are ,Mttfin the floodway, as identified by the Federal Emergency Management Agency, future develoPment will be subject to zoning regulations which control development within the floodplain to minimize the potential danger to lif~ and property° The site is not su~ect to haZ~ds no,ally associated with steep slopes, wildfires, or tsunamis. Other hazards, such as earthquakes and severe winter stores can be mitigated at the time of development based on accepted building codes and building techniques. Based on these Pacts, the proposed designation wilI not result in development in areas normally associated with natural disaster or the damage Exhibit C - 3 and loss °£1ifb normally associated therewkh. Therefore, the amen~ents are consistent ~Sth Statewide Plying GOal 7. Goal 8- Reereationa! Needs: To satisfy the recreational needs qf the citizens of the state and visitors and, where appropriate, to provide for the siting of necessary recreational facilities inCluding destination resorts. GOal 8 ensues provision of recreation fhCilities to the citizens of the state. The proposed designation MiI not ~mpact Pror]sion of recreatiOn facilities, AcceSS t° recreati;n Oppo~unkies~ including access to Maufie Jacobs Park and Rasor park, will not be affected as a result of the proposed amen~em. ~erefore, the amendments are consistent with StateMde planning Goal 8. Goal 9 ~ Economic Development: To provide adequate opportunities thro~ghout the state fora variet2' of economic activities vital to the health, welJ~re, and prosperity of' Oregon's citizens. Application of the ND Nodal Development desi~atior~ depicts an mca as a nodal development area~ but does not ;change the underlying Metro Plan d~agr~ designation fbr the property or affect the uses allo'wed within the underlying designation. Application of the nodal development · designation w~ll no~ affect the ability of the City to provide adequate Opportunities fYr a variety of economic activities. The area inclMes prope~ designated for commercial use which is currently development with comrnercial uses. The application of ~e Nodal Development designation-will there£bre have no direct knpact on any existing commercial designated land. Therefore, the amendments are consistent w/th Statewide Planning Goal 9. Goal 10 - Itousing: To pro¥ide for the housing needs of citizens of the state. Application of the ND Nodal Development designation depicts an area as a nodal development area~ bm does not change the underlying Metro Plan diagram designation for the property or affect the uses allowed-wStbin the underlying designation. This area includes vacant property designated for medium density and low density residential uses that are included within the buildable lands Supply and are suitable and available for residential development. Application of the ND designation will facilitate development of housing on the ske while maintaining the m~derlying low and medium density residential designation. The proposed amendment enhances the provision of the housing needs of the community by enabl~g additional housing opporturfifies based on nodal development principles. Therefore, the amendments are consistent with StateMde Planning Goal 10. Goal 11 - Public Facilities and Se~ices: To plan and develop a timely, orderly and efficient arrangement qf public facilities and services to serve as a framework for urban and rural development. Over three-fourths of the subject site is located in the city limits and served by pnhlic thcilities in which the existing level of se~ice is adequate to serve the needs of existing and fiamre development. Properties located outside the city' limks are provSded with some public facilities Exhibk C - 4 (e.g., water and electric service), and w~ll be provided with other services in an orderly fhshion as mnnexation occurs in the ~k~ture. The application of the ND designation will in no wa5,' preclude the ability of the ciD' to plan and develop timely, orderly, and efficient public facilities and services. In fact, application of the ND designation may provide for a higher than normal level of efficiency with regard to public facilities (e. g. the location of the development node proximate to existing pri~nary transportation arterials such as River Road's. Based on these factors, the amendments are consistent with Statewide Planning Goal t 1. Goal 12 - Transportation: To provide and encourage a sqfe, convenient and economic transportation system. Goal 12 is implemented through the Transportation Plarming Rule (TPR, OAR 660-12). TransPlan Goal 12 is implemented through the Transportation Planning Rule (TPR, OAR 660- 12)~ TransPlan provides the regional policy' framework through which the TPR is enacted at the local level. The addition of the "ND Nodal Development" Metro P}an Diagram designatton implements policy direction in the Eugene-Springfield Metropolitan Area Transportation Plan (TransPlar0~ acknowledged fbr compliance with Goal 12 in 2001. TransPlan Land Use Policies 1 and 5~ which were also adopted as Metro Plan Transportation Policies F-1 and F-5, specifically relate to nodal development and are listed below with findings following each: Land Uxe PoliCy J: Apply the nodal development strategy in areas selected by each jurisdiction that have identifiedpotential for this type of transportation e~f~Jcient land use pattern. TransPlan identifies the area within which the subject parcels are located as having potential for nodal development ~ode 5F). ~ February 2002, the Eugene City Council selected node 5F, wSth revised boundaries as recommended by the Eugene Planning Commission and renamed "Lower River Road," as one of eight new nodes, in addition to the Royal and Chase Gardens nodal development areas~ it wanted to designate and zone for nodal development in FY03. In March 2002~ ~e Eugene City Council initiated proceedings to apply the ND Metro Plan diagrarn designation and/ND Nodal Development Overlay Zone to the Lower ~ver Road nodal development area. The Metro Plan amendment facilkates the application of the nodal development strate~ outlined in the policy above and the City is further encouraging nodal development in tNs area by applying the/ND nodal development overlay zone to incorporated property wifbJn the node. Land Use Policy 5: Within three years of TransPlan adoption, apply the ND, Nodal Developmem designation to areas selected by each jurisdiction, adopt and apply measures to protect designated nodes~om incompatible development and adopt a schedule for completion of nodal development plans and implementing ordinances. The amendments specifically addresses this Policy by applying the 'ND, Nodal Development Metro Plan d~agram designation to the entire Lower ~ver Road area and the/ND Nodal Development overlay zone to incorporated parcels with an area selected by the City of Eugene as Exhibit C - 5 a priorky nodal development area. Under the Metro Plan, annexation is required prior to new development. The/NI5 Nodal Development overlay zone will be applied t~ the curremly uninco~orated portion of the Lower River Road nodal development area as that property is armexec~ to the The City- of Eugene has adopted the/ND Nodal Development overlay zone m protect designated nodes from incompatible development. In compliance with Land Use Policy 5 and. the Transportation Plarmk~g Rule, the/ND overlay zone contains a list of prohibited auto-oriented uses, does not allow a use to include a drive-through facility and limits the square footage of building area on the grotmd floor for new buildings designed to be occupied by retail uses. ~I~ese re apply to all new development on vacant land, all new structures on already developed s~tes and expansions of 30% or more of the total existing building square footage on the development site, vdth the fhrther limitation that expansion of a structure for a prohibited use or expansion/addition of a drive-through facility as part of the expansion of an existing structure are prohibited. The/ND overlay zone also contains m~nimum residential density requirements ~br land zoned for residential use~ minimun~t floor area ratios fbr land zoned commercial and industrial, and development standards which apply in addition to the requirements of the base zone. The/ND overlay zone requires a minimum residential density of 8 urfits per net acre in nev¢ subdivisions in R-i and R-1.5 zones, 15 units per net acre in R~2~ 25 units per net acre in R- 3 and 30 uv2ts per acre in R-4. These are higher than the minimum residential densities [n the base zone and slightly higher than the min~mmn residential densities assumed in the TransPlan modeling (LDR, 7 un2s/acre; MDR, 16 units/acre; HDR, 25 units/acre), thereby encouraging concentrations of population, employment and retail activity that is essential for the de~elopment of the node. The floor area ratios ~br commercial and industrial development are intended to achieve the emplos~nent density assumed in the TransPlan modeling (39 employees/acre). Transportation Planning Rule (OAR 660-012-0060) contains the following requirement: Amendments to functional plans, acknowledged comprehensive plans, and land use regulations which sig~ificantly qffect a transportation facilio, shall assure that allowed land uses are consistent with the ident~fied~£unction, capaciO; and per~formance standards (e.g. level of service, volume to capacity ratio, etc.) ef the fiacility. This shall be accomplished by either: (a) Limiting' allowed land uses to be consistent with the planned function, capacity, and performance standards of the transportation fi~cility; (b) Amending the TS? to provide transportation facilities adequate to support the proposed land uses consistent with the requirements of this division; (c) Altering land use designations, densities, or design requirements to reduce demand for automobile travel and meet travel needs through other modes; or (d) Amending the TS? Jo modify the planned function, capacity and performance standards, as needed to accept greater motor vehicle congestion to promote mixed use~ pedestrian friendly development where multimodal travel choices are provided. (2) A plan or land use regulation amendment significantly affects a transportation faciliO, if Exhibit C - 6 Changes the fknctional ClaSSification of an existing or ptanned transportation faciti~; Changes standards implementing a functional classification system; AllOws types or levels qf land Uses which would result in levels of'travel or access which are inconsistent with the fi~nctional Class~catiOn of a transportation facili~; or Would re&ce the performance stan&rds of the f~cili~, bebw the minimum acceptable level i&nt~ed in the TSP. The Proposed amendmems will not significantly affbct any transpOnati°n faciiky. The apPliCati°n °f the ND N°dal Devel°pment Me~° plan d~agrm des~ati°n w~ll not result irt any change to the underlying Metro ptan dia~am designation. The appliCatiOn of the fl-ID Nodal DeveloPment overlaY zone witl not change ~e base zone. Although minkrmm residential density reqtfiremems for ~eas zoned/ND exceed the mi~mum density established for the base zonesi they are belOW the maxknum density allowed in the base zones~ The/ND overlay zone prohibition of several new auto.oriented uses will limk the range of uses in commemial and ~ndus~al base zones~ but Mll still provide a -wide range of allowed cOn~nercial and industrial uses. On the TransPtan map of"Federally Designated Roadway Functional Classification, Eugene~ Spnngfie d Metro ~ea, R3ver Road is classified as a Principal ~efial and in the Eugene A~er~al and COllector Street Ptan~ River ROad is classified ~ a Maj°r ~eriaL The remaipAng sAeet are ~demified as local streets. No change in the ~ction~ claSSification of these streets w~ll result from this ~en~em. In addition, no changes are proposed to the standards which imPlement the funCtional classification system. In deve!oping TransPlan~ the Lane Council of Governments (LCOC£) conducted modeling using 29 priority nodes, with node boundaries as sho~ on the map of Potential Nodal Development Areas in A of TransPlan. Since the Eugene City Council approved boundary adjus~ ~ents m several nodes, and added one high-priority node that was not shown on the TransP1an map, the Oregon Dep~ment of Transpo~ation funded an 'update of model data to reflecI the revised nodal area boundaries as part of Eugene~ s 200 t-2003 Transportation and Gro~4~ (TGM) grant for nodal development implementation. The updated model data is based on 30 priority nodes, adding the one high-priority node in Eugene that was not shown on the TransPtan map. Model data was provided by LCOG comparing the 2015 PM peak trips for base case land use wSth nodal development land use~ using the TranSPlan projects network. Inco~orating the 10% vehicle trip reduction allowed by the Transportation Plarming Rule for nodal development areas, the data shows just under 45 additional northbound PM pe~ trips between Northwest Expressway and Park Avenue and just under 30 additional southbound PM peak trips with the nodal development land use than with base case land use. This ~s not a large enough increase to reduce the level of service on this segment of RAver Road. Based on the findings above and these model results, the proposed amendments to apply the ND Nodal Development Metro Plan diagram designation to the entire Lower River Road nodal development area and to apply the/ND Noda1 Development overlay zone to the portion of the node within the City limits 'will not significantly afl~ect a transportation facility. Based on these factors, the amendment is in compliance with OAR 660-012~0060. Therefore.. the amendments are consistent with Statewide Planning Goal Goal 13 - Energy Conservation: To conserve energ),. Goal 13 states~ in part~ that land use planning hould, to the maximum extent possible, combine increasing density gradients along high capacity transportation corridors to achieve greater energy efficiency" {see Goal 13, guideline 4). The overall intent of nodal development is to provide compact urban level development along high capacity transk corridors. The location of the subject site directly adjacent to River Road~ a major arterial, accomplishes this intent. Theretbre, the amendments are consistem with Statewide Planning Goal 13. Goal 14 - Urbanization: To provide for an orderly and efficient transition from rural to urban land use. For the properties within the Eugene city limks, all necessary urban services are in place. No property is being converted from rural to -urban land use. The rest of the properties are located within the Eugene urban growth boundary and will be provided urban services in an orderly fashion through the annexation process. Therefore, the amendmems are consistent with Staewide Planning Goat 14. Goal 15 - Willamette River Greenway: To protect, conserve, enhance and maintain the natural, scenic, historical, agricultural, economic and recreational qualities of lands along the I4~illamette River as the ~illamette River Greenway. The nodal development area. is entirely within the boundaries of the Willamette River Greenway. The application of the overlay designation will not result in intensification of uses~ changes in use or developments or affect the current level of protection provided to these resources. Future development trader the ND standards will be required m meet the current Metro Plan and Greenway permit requirements. Therefore, the amendments are consistent with Statewide Planning Goal 15. Goals 16 through 19 (Estuarine Resources~ Coastal Shorelands, Beaches and D~es, and Ocean Resources): There are no coastal, ocean~ estuarine, or beach and dune resources related to 'the properts, or involved in the amendment. Therefore, Statewide Plarming Goals 16 tkrough 19 do not apply. The above findings ad&ess EC 9.7730(3)(a) and LC Section 12.225(2) w~ich requires consistency 'with all mtevant statewide planning goals. The findings demonstrate that the propOSed amendment m designate the subject parcels with the ND Nodal Development designation cOmPlies with all relevant stateMde planning goals. The application of the ND~ E~ibit C - 8 Nodal Development designation is part of a larger planning process that has akeady been showxa to comply with the stateWide planning goals. TransPlan id~tifies potential nodal ~tevelopment areas, includes policy directing the implementation of nodal developments and aCtion iter~s to achieve said implementation. The proposed Metro Plan amendment is clearly within the nodal development strategy developed in TransPlan and as acknowledged by the state. Based on the analysis presented above, the proposed Metro Plan amendment is consistent with all relevant statewide planning goals. (b) Adoption of the amendment must not make the Metro Plan internally inconsistent. The Plan Diagram currently designates the subject parcels for a varieLv of land uses. The proposed ND designation on the Metro Plan Land Use Diagram does not afYect these base designations. The ND designation will essentially be an overla:y to the base land use designation. As such, the diagram amendment will serve to augment the current designation by enabling the use of additional implementation tools to guide development consistent with adopted nodal development policies within the Metro Plan. The proposed amendments are also consistent with the adopted policies of TransPlan. Findings related to compliance with applicable TransPlan policies listed under Goal 12 are hereby incorporated as further evidence that the proposed amendment will be internally consistent with the Metro Plan. Given these findings and the fact that no modification to the Metro Plan text is necessary or proposed~ the proposed amendments will not make the Metro Plan internally inconsistenL Concurrent Automatic Amendment to River Road-Santa Clara urban Facilities Plan Land Eugene Code Section 9.7750(41) and Lane Code Section 12.245(4) provides that the Metro Plan diagram amendment automatically amends the refinement plan diagram when required for consistency if no amendment to the refinement plan text is involved. No amendment to the text of the River Road, Santa Clara Urban Facilities Plan and Whiteaker Plan is proposed in these amendments. Adoption of these Metro Plan diagram araendments, therefore, automatically amends the River Road-Santa Clara Urban Facilities Plan land use diagram and Whiteaker Plan land use diagram to make it consistent with the Metro Plan diagram based on findings of consistency with the Statewide Planning Goals and the Metro Plan as set tbah above. E~ad~ngs of Consisten~ with Zone Change Criteria The Eugene City Council will apply the following criteria from Eugene Code Section 9.8865 to the proposed zone change to apply the/ND Nodal Development overlay zone: The proposed change is consistent with applicable provisions of the Metro P!an. The v~Tit~ten text of~e Metro Plan shall take precedence over the t¥l_e_~ Plarl diagram where apparent conflicts or inconsistencies exist. The proposed Zone change is consistent with applicable adopted refinement plans. In the event of inconsistencies between these plans and the Metro Pl~., the Metro Exhibk C - 9 (4) Elan_ controls. The uses and density that will be allowed by the proposed zoning in the locatkm o£the proposed change can be served through the orderly extension of key urban fhcilities and services. The proposed zone change is consistent with the applicable siting requirements set out fbr the specific zone in...: In cases Where the -NR zone is applied based on EC 9.2510(3), the property owner shall enter into a contractual agreement with the city to ensure the area is maintained as a natural resource area for a minhnum of 50 years. The proposed change is consistent with applicable provisions of the Mg~ro~ Plan. The written text of the Metro Plan shall take precedence over the Metro Plan diagram where apparent confficts or inconsistencies exist. The proposed zone change is consistent with both the Metro Plan Land Use Diagram and text as described below: Me~o~.Plan Land Use Diagram and Related Text The Metro Plan Diagram designates the sYbject parcels fbr low and medium densky residential, al, and parks and open space. The establishment of the ND Nodal Development Designation on the Metro Plan Land Use Diagram will l~ot change those designations. EC 9,4290(1)(a)~/ND Overlay Zone~ requires a minimum density of 15 units per net acre for the R~2 zone, 25 units per net acre for R=3~ and 30 units per net acre for R~4. These mkfirntkm density requirements are consistent -with the Medium Density Residential designation in the Metro Plan which specifies a density range of 10-20 units per ~ acre, and the High Density Residential designation which specifies a densky range of over 20 units per gross acre. Metro Plan Policies The following Metro Plan policies are applicable to the proposed zone change: Metro Plan Element A~ Policy A, 11 specifically states: Generally locate higher densiO; residential development near employment or commercial services, in proximity to major transportation 3~stems or within transportation-efficient nodes (Ch. ~J~-A, as amended ~ 999). The proposed zone change fhcilka, tes the above policy by altow4ng an increased level of residential densky and use on property that is directly adjacent to existing commercial services. re~ the relatively close proximity' of the subject properties to ~ver Road also facilitates the above policy by locating higher density development proximate to a major tr~spOrtation System. As such, the subject proposal complies with Metro Plan Element A, Policy' A. 11. Exhibit C - 10 Metro Plan Element Ap Policy A.17 states: Provide opportunities for a full range of choice in housing type, density, size, cost and location. The establishment of the/ND overlay zone will provide additional implementation tools which promote development patterns offering a variety of housing types and development patterns. Metro Plan Element A~ Policy A~35 states: Coordinate local residential land use and housing planning with other elements of this plan, inctuding public faci[ities and services, and other local plans; to ensure consistency among policies. The application of the/ND overlay zone is kself~ an acknowledgment that the subject sites shouldbe developed in a manner which more efficiently utilizes the existing infrastructure and services in the area. The sv, bject properties were identified as sites which possess these tics. The proposed zone change will therefore help to achieve this policy. Metro Plan Element F~ Policy F. 1 states: Apply the nodal development strategy in areas selected by each jurisdiction that hcrve ident~?ed potentiaI for this type of transportation efficient land use pattern~ TransPlan identifies the area within which the subject parcels are located as ha,ring potential for nodal development (Node 5F). In February 2002, the Eugene City Council selected node 5F~ renamed "Lower River Road~' as one of eight new nodes, in addition to the Royal and Chase Gardens nodal development areas, it wanted to designate and zone ~br nodal development in FY03. In 1March 2002, the Eugene City Council initiated proceedings to apply the ND Metro Plan diagram designation and/ND Nodal Development Overlay Zone to the Lower River Road nodal development area. l'he Metro Plan amendment facilitates the application of the nodal development strategy outlined in the policy above and the City is gtrther encouragk~g nodal development in this area by applying the/ND nodal development overlay zone to incorporated property withk~ the node. Metro Plan Element F, Policy F.5 states: F~qthin three years of TransPlan adoption, apply the ND, Nodal Development designation to areas selected by each jurisdiction, adopt and apply measures 'to protect designated nodes~om incompatible development and adopt a schedule for completion of nodal &velopment plans and implementing ordinances. The ms specdfically addresses this policy by applying the ND, Nodal Development Metro Plan diagrm designation to the entire Lower River Road area and the/ND Nod~ Developmem overlay zone m incorporated parcels Mth an area selected by the City of Eugene as aPfiority nodal development area. Under the Metro plan~ annexation is required prior to new ExNbit C - i 1 development.. The/ND Nodal Development overlay zone will be applied to the currently incorporated portion of the Lower River Road nodal development area as that property is annexed to the City. The City of Eugene has adopted the/ND Nodal Development overlay zone to protect designated nodes from incompatible development. In compliance-with Land U~e Policy 5 and the Transportation Planning Rule~ the/ND overlay zone contains a list of prohibited auto-oriented uses~ does not allow a use to include a drive-through facility and limits the square footage of building area on the ground floor for new buildings designed to be occupied by retail uses. These requirements apply to all new development on vacant land, all new structures on already developed sites and expansions of 30% or more of the total existing building square ~botage on the development site~ with the further limitation that expansion of a structure for a prohibited use or expansion/addition of a drive-through facility as part of the expansion of an existing structure are prohibited. The/ND overlay zone also contains minimum residential density requirements for land zoned for residential use~ minirrmm floor area ratios for land zoned commercial and industrial, and development standards which apply in addition to the requirements of the base zone. The/ND overlay zone requires a rninimurn residential density of 8 units per net acre in new' subdivisions in R~l and R*I ~5 zones~ 15 units per net acre in R-2~ 25 units per net acre in R- 3 and 30 units per acre in R-4~ These are higher than the minimum residential densities in the base zone and slightly higher than the minimum residential densities assumed in the TransPlan modeling (LDtL 7 units/acre; MDR, 16 units/acre; HDR~ 25 urfits/acre)~ thereby encouraging concentrations of population, employment and retail activity that is essential for the developmem of the node~ The floor area ratios ~br commercial and industrial developmem are intended to achieve the_emplo~Tnent density assumed in the TransPlan modeling (39 employees/acre). Based on the findings above, the proposed zone~change is consistent with applicable provisions of the Metro Plan. (2) The proposed zone change is consistent with applicable adopted refinemen~ plans~ ifa the event of inconsistencies between these plans and the Metro Plan_, the Metro_ Pla._ n controls~ The River Road-Santa Clara Ur'ban Facilities Plan and the Whiteaker Plan are the applicable refinement plans for this area. Application of the/ND overlay zone on these properties supports the plan's land use designations. There are no policies in either plan that directly relate m the nodal development concept. The proposed/ND overlay zone will not affect the underlying base zoning designations which will ensure that the land use designations represented in the River Road-Santa Clara Urban Facilities Plan and the Whiteaker Plan are unaffected by this action. Therefore, the addition of the/ND overlay zone is consistent with the River Road-Santa Clara Urban Facilities Plan and the Whiteaker Plan. The Uses and densily that will be allowed by ihe proposed zoning in the location of ~he proposed change can be served through the Orderly extension of key urban faci~ties and services. E~ibit C - 12 All utility services (-water, sewer and electricity) are currently available to the nodal development area. Public wastewater service is available to properties within the node from 8dnch lines within eachofthe follo,~¼ng rights-of-way: Stephens Drive, River Road, Lombard Lanes E. Bfiarcliff Lane, Fir Lane and Thomason Lane. Additionally, there is a 54- to 72dnch trur~k line generally located along the eastern boundary of the node (along the river); although direct connections to th/s system are restricted. Public stormwater service is available from River Road (storm drains w4thin that right-of-way range from 12 to 24 inches wit?fin the node). Also~ within the node are four outfalls to the Willamette River: a 12dnch at Stephens Drive; a 30dnch, in alig~ent w4th Hawthorne; a 30dnch in aligmnent ~Ath ~oop; and an 8dnch storm drain outfall from Briarcliff. Water and electrical service, telephone and other ufilkies are also provided. Rasor Park and a portion of Maurie Jacobs Park, both of which are City parks, fall w4thin the boundaries of the Lower Fiver Road node, providing recreational services to the area. Lane Transit District (LTD) provides transit service along River Road. Educational services are cm~ently provided by Eugene School District 4J. Fire, EMS and police services are all provided by the City of Eugene. All needed I%cilities are therefore available to the site. In addition~ decisions related to the specific on-site design of the extension of said facilities can be accommodated through the development process. Based on these factors, the proposed zone change is consistent wkh this criterion. (4) The proposed zone change is conskstent with the applicable siting requirements set out for the specific zone in...: There are no specific siting requirements to the/ND Nodal Development overlay zone. (5) In cases where the NR zone is applied based on EC 9.2510(3), the property owner shall enter into a contractual agreement with the city to ensure the area is maintained as a natural resource area for a minimum of 50 years. This application is not proposing apphcation of the NR, Natural Resource zone to the subject property. As such, this criterion does not apply'. Exhibit C- 13