HomeMy WebLinkAboutOrdinance No. 19904ORDINANCE NO. ~ ~°l
AN ORDINANCE AMENDING THE POLICY SECTION AF
CHAPTER IV AF THE EUGENE-SPRINGFIELD
METROPOLITAN AREA GENERAL PLAN TA
S AND C "THE PLAN AMENDMENT
PROCESS, AND ADAPTING A S II1ITY CLAUSE.
THE CITY AF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. The Policy Section of Chapter IV of the Eugene-Springfield
Metrapolitan Area General Plan is amended to read and provide:
Policies.
1. The geographic information data base shall be maintained on a
regular basis.
2. A special review, and if appropriate, Metropolitan Plan amendment,
shall be initiated if changes in the basic assumptions of the Plan occur.
An example would be a change in public demand for certain housing
types that in turn may affect the overall inventory of residential land.
3. To enact a Metropolitan Plan amendment, all participating governing
badies must adapt an identical version of the amendment.
4. The three metropolitan jurisdictions shall jointly develop and adapt
Metropolitan Plan amendment application procedures and a fee
schedule.
5. Even though an amendment may only affect one jurisdiction, it must
be referred to the other two jurisdictions for comment.
6. The governing bodies of the three metropolitan jurisdictions may
initiate an amendment to the Metrapolitan Plan at any time.
7. Citizen initiated Metropolitan Plan amendment proposals may be
submitted at any time, but they are limited to changes to the
Metropolitan Plan Diagram and site-specil~c references in the
Metropolitan Plan text. They may be considered twice a year at
predetermined times as agreed to by all three governing bodies.
S. The planning commissions of participating jurisdictions shall consider
Metropolitan Plan amendments and may make recommendations to
their respective governing bodies.
Ordinance -1
9. When the governing bodies are unable to reach consensus an a
Metropolitan Plan amendment proposal, that proposal shall be
referred to the Metropolitan Policy Committee for consideration and
possible recommendation back to the governing bodies.
14. Metropolitan Plan updates shall be initiated no less frequently than
during the state-required periodic review of the Metropolitan Plan,
although the governing bodies may initiate an update of the
Metropolitan Plan at any time,
11. In additive to the update of the Metropolitan Plan, refinement studies
may be undertaken for individual geographical areas and special
purpose or functional elements, as deternained appropriate by each
governing body,
12. All refinement and functional plans must be consistent with the
Metropolitan Plan, and should inconsistencies occur, the Metropolitan
Plan is the prevailing policy document.
13. Refinement plans developed by one jurisdiction shall be referred to
the other two jurisdictions for their review. Either of the twa referral
jurisdictions may determine that an amendment to the Metropolitan
Plan is required.
14. Local implementing ordinances shall provide a process for zoning
lands in conformance with the Metropolitan Plan,
Section 2. The above Metropolitan Plan amendments control over any other
inconsistent textual provisions of the Metropolitan Area General Plan.
Section 3. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is for any reason held invalid or unconstitutional by a court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision
and such holding shall not affect the validity of the remaining portions hereof.
Section 4. The hndings contained in the attached Exh~`bit A are adopted in support
of this Grdinance.
Passed by the City Council this
1st da of March, 1993
City Record
Approved by the Mayor this
1st day of March, 1993
1~!_~L~ c~ ~G~,Q~:,~syu1
Mayor
Qrdinance - 2
EXHIBIT A
Findings in Support of Ordinance Na. Amending
the Policy Section of Chapter lv of the Eugene-Springfield
Metropolitan Area General Plan.
Section 9.125(2} of the Eugene Cade,1971 provides that the following criteria shall
be applied by the City Council in approving or denying a plan amendment application ar
initiation:
1. The amendment must be consistent with the relevant statewide planning goals
adopted by the Land Conservation and Development Commission.
The following are the applicable Statewide Planning Goals;
Goal 1-Citizen Involvement.
Goa11 is intended to ensure that citizens are involved in all stages of the planning
process. Citizens have been involved in all stages of the development of this
amendment. The following summarizes the major citizen involvement opportunities
in the development of the proposed revisions to Chapter N of the Eugene-
Springbeld Metropolitan Area General Plan and demonstrates how the revisions
enhance citizen-initiated amendments to the Plan:
1. In Goober of 1988, the Metropolitan Policy Committee (MPC} directed the
metropolitan staff to draft changes to Chapter N of the Metropolitan Plan
to streamline the plan amendment process.
Z. Changes to Chapter N of the Metropolitan Plan were developed by
metropolitan staff and reviewed and approved by the Joint Planning
Commission Committee (JPCC} and the three metropolitan planning
commissions and approved by the three governing bodies in 199U.
3. In March of 1992, the MPC directed that metropolitan staff draft
amendments to the Metropolitan Plan text that would further simplify and
streamline the amendment process to the Plan.
4. The proposed revisions to Chapter N enhance citizen involvement by
clarifying that citizen initiated amendment proposals are limited to changes
to the Metropolitan Plan diagram and site-specilYC references to the
Metropolitan Plan text and by placing the policies in Chapter Iv into a mare
Exhibit A -1
logical sequence.
5. The Joint Planning Commission Committee reviewed the proposed revisions
to Chapter IV of the Metropolitan Plan on May 18,1992.
6. The proposed revisions to Chapter IV were reviewed by the three
metropolitan planning commissions at a joint hearing on September 29,1992.
7. The Lane County and the Eugene Punning Commissions have recommended
adoption, with modil7cations regarding timelines, of the proposed revisions
to Chapter IV
Goal 2 -Land Use Planning,
Goal 2 states that "opportunities shall be provided for review and comment by
citizens and affected governmental units during preparation, review and revision on
plans and implementation ordinances." Goal 2 further provides that all land use
plans and implementation ordinances shall be reviewed on a periodic cycle in
accord with a schedule set forth in the plan.
1. The proposed revisions to Chapter IV claribes the framework whereby
citizens may initiate amendments to the Metropolitan Plan.
Z. Adoption of the amendment must not make the Metropolitan Plan internally
inconsistent.
The proposed revisions to Chapter IV reorganize the l~rst 8 policies of that Chapter
and change existing policy b to recognize that site~specil7c changes to the
Metropolitan Plan text are also subject to citizen-initiated amendments to the
Metropolitan Plan.
3. The amendment is not a plan update amendment, unless the amendment has been
initiated by the governing bodies of the City of Eugene, City of Springfield, and
Lane County. In determining whether a plan amendment is a plan update
amendment, the City Council is not bound by the determination of the planning
director or Metropolitan Policy Committee,
Section 9.015 of the Eugene Code, 1971 defines a Plan Update Amendment as
"Any change to the Metropolitan Plan which (1) changes the urban growth
boundary or the jurisdictional boundary of the Plan; (2) requires a goal exception
Exhibit A - 2
to be taken under statewide planning goal 2; ~3) amends a fundamental principle,
metropolitan goal or policy set out in Chapter II of the Plan; or ~4} requires a
substantial diversion of budgeted planning resources from the approved work
programs of affected city departments.
The proposed amendment does not change the urban growth boundary or the
jurisdictional boundary of the Metropolitan Plan. The changes are restricted to
Plan policies in Chapter IV and do not require an exception to statewide planning
goal 2 nor do they amend a fundamental principle, metropolitan goal or policy set
out in Chapter II of the Plan. The proposed changes are being processed within
the existing budgets of the planning departments of the three metropolitan
jurisdictions and within the scope of intergovernmental agreement related to the on-
going maintenance, monitoring, review and amendment to the Metropolitan Area
General Plan entered into by the three metropolitan jurisdictions and the Lane
Council of Governments.
Exhibit A - 3