HomeMy WebLinkAboutItem 2D: Initiation of Code Amendment for Summer Oaks Crescent Center
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Initiation of Land Use Code Amendment CA 07-1: Upon Amendment of Willakenzie
Area Plan, Incorporate Amended Policy Language into Eugene Code
Meeting Date: May 29, 2007 Agenda Item Number: 2D
Department: Planning and Development Staff Contact: Patricia Thomas
www.eugene-or.gov Contact Telephone Number: 682-5561
ISSUE STATEMENT
The City Council is asked by the property owner and developer to initiate a code amendment requesting
amendment of Willakenzie Area Plan policy language in Eugene Code (EC) Section 9.9700(10). The
code amendment is one of three related land use decisions, including a zone change and a refinement
plan amendment, being requested for a portion of the Summer Oaks-Crescent Center development site.
BACKGROUND
The property owner is seeking the code amendment to facilitate application, review and implementation
of the related Willakenzie Area Refinement Plan amendment and zone change. The refinement plan
amendment request includes a change of policy language which, if approved, must also be incorporated
into the Land Use Code through a code amendment process. Although zone change and plan
amendments can be initiated by an applicant, code amendments can only be initiated by the City
Council.
The applicant wishes to expand the allowed uses on the property through changing the refinement plan
designation and the zoning of the property to community commercial and add policy language to limit
that range of uses by placing a limit on the number of vehicular trips to the site per day.
EC 9.7505 Type V Application Requirements and Criteria Reference indicates that land use code
amendments are to be reviewed under the Type V application review process. EC 9.7510 City-Initiation
of Applications provides that the City Council may, in response to a person’s written request filed with
the Planning Director, initiate a land use code amendment. The applicant’s written request is attached as
Attachment A. A description of the Type V process is attached as Attachment B.
RELATED CITY POLICIES
There are no City policies associated with this item at this point in time. If the council initiates the
amendment proceedings, policy issues will be determined and considered during public review and
action on the proposed amendments. Initiation of this amendment does not infer any support for the
request. It simply authorizes the applicant to proceed with the land use process.
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COUNCIL OPTIONS
The council may initiate or not initiate the code amendment. Initiation of the code amendment allows
the property owner to proceed with application and review of the related refinement plan amendment
and zone change for the property. There are no financial costs related to the initiation of the code
amendment.
CITY MANAGER’S RECOMMENDATION
The City Manager recommends initiation of the code amendment to amend Eugene Code Section
9.9700(10).
SUGGESTED MOTION
Move to initiate the code amendment, CA 07-1.
ATTACHMENTS
A. Applicant’s letter and site map
B. Type V process description
FOR MORE INFORMATION
Staff Contact: Patricia Thomas, Associate Planner
Telephone: 682-5561
Staff E-Mail: patricia.thomas@ci.eugene.or.us
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ATTACHMENT B
TYPE V APPLICATION PROCEDURES
PLANNING &
DEVELOPMENT
Planning
Application Filing (See EC 9.7010)
Applications shall be submitted on a form approved by the city manager, be accompanied by a fee established
pursuant to Eugene Code (EC) Chapter 2, and be signed by the property owner, unless the applicant is a public
agency, in which case the signature of the property owner is not required. Application materials shall address
each of the criteria and standards applicable to the proposed use including any requested adjustments to
standards as provided in provisions beginning at EC 9.8015.
General Overview of Type V Application Procedures (See EC 9.7500)
Type V applications provide for a legislative review by the Planning Commission and City Council of changes
to the land use code, amendments to refinement plans that include policies or map changes that are broad in
scope (not limited to a specific site), and adoption of or an entire update to a refinement plan. The Type V
process includes public notice and a public hearing before the Planning Commission, which forwards a
recommendation to the City Council. The City Council holds a public hearing before making a final decision.
applications do not include citizen-initiated amendments to the Metro Plan; refer to EC 9.7700 Description of
Metro Plan Amendments.)
Type V Application Requirements and Criteria Reference (See 9.7505)
The following applications are reviewed under the Type V review process according to the requirements and
criteria set forth for each application as reflected in the Beginning Reference column.
Table 9.7505 Type V Application Requirements and Criteria
Type V ApplicationsBeginning Reference
Land Use Code AmendmentsEC 9.8060
EC 9.8421
Refinement Plan Amendments to policies and/or maps that are not limited
to a specific site
Refinement Plan Adoption or UpdateEC 9.8421
Zone Change concurrent with a Code AmendmentEC 9.8850
Special Area Zone Establishment or AmendmentEC 9.3000
Zone Change to apply the /ND Overlay Zone to Nodal Development Areas EC 9.4260
concurrent with a Metro Plan diagram amendment to apply the ND Nodal
Development designation
For suggestions on testifying, see the pamphlet entitled, "Speak Up!" available at the Permit and Information
Center, 99 West 10th Avenue.
This handout is for informational purposes only; its accuracy is not guaranteed. For more information, see the
Eugene Land Use Code at www.eugeneplanning.org or contact Planning staff, weekdays between 1 p.m. and 5 p.m. at
the Eugene Permit and Information Center, located at 99 West 10th Avenue, or call (541) 682-5377.
TYPE V APPLICATION TIME LINE
The City Council may initiate a Type V application on its own behalf, or in
Application
Submitted
City Council initiate a land use code or refinement plan amendment (See EC
9.7510).
45 days prior
At least to the Planning Commission public hearing, the city shall
Planning
mail a written notice to the Oregon Department of Land Conservation and
Commission
Development.
Hearing Notice
30 days prior
At least to the public hearing, the city shall mail a written notice
to the Lane County and Springfield Planning Directors, all officially recognized
neighborhood groups, and community organizations that have submitted written
requests for notification.
20 days prior
At least to the public hearing, the city shall publish notice of the
public hearing in the local newspaper (See EC 9.7520).
Staff
7 days prior
At least to the public hearing, a staff report will be forwarded to the
Report
Planning Commission and made available to the public (See EC 9.7525).
Available
Following the Planning Commission public hearing and close of the record, the
Planning
Planning Commission shall recommend to the City Council approval, approval
Commission
with modifications, or denial of the application based on the applicable approval
Recommendation
criteria in the Land Use Code (See 9.7535).
10 days prior
At least to the City Council hearing, the city shall mail written
City Council
notice of the hearing to any person who provided oral or written testimony in a
Public Hearing
timely manner during the Planning Commission hearing procedures and any
Notice
person who requested notice of the Planning Commission's decision (See EC
9.7545).
The City Council shall conduct a public hearing to consider the Planning
City Council Public
Commission's recommendation (See EC 9.7540).
Hearing
Upon conclusion of the public hearing, if the City Council chooses to act, it may
City Council
approve, modify and approve, or deny the Type V application with written
Decision
findings and conclusions based on applicable criteria in the Eugene Land Use
Code (See EC 9.7550).
5 days
Within after the City Council renders a decision, the city shall mail notice
Notice of Decision
to any person who provided oral or written testimony in a timely manner during
Mailed
the City Council hearing procedures, any person who requested notice of the
City Council's decision and the Oregon Department of Land Conservation and
Development (See EC 9.7560).
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