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HomeMy WebLinkAboutOrdinance No. 19905ORDINANCE N0. 19905 AN ORDINANCE CONCERNING METROPOLITAN AREA GENERAL PLAN AMENDMENT PROCESSES; AMENDING SECTIONS 9,415, 9.120, 9.124, 9.126, 9.128, 9.130, 9.132, 9.134, AND 9.136 OF THE EUGENE CODE, 1911; AND REPEALING SECTION 9.122 OF THAT CODE. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Section 9.015 of the Eugene Code, 197' 1, i s amended by amending the definitions of "Amendment, " "Home jurisdiction, " "Plan amendment, "Initiation date," "Substantive effect," and "Plan update amendment" set forth therein; by repealing the definitions of "Major plan amendment," "Minor plan amendment," and "Substantial diagram amendment" set forth therein; and by adding a definition for "Metro plan category I I amendment" i n alphabetical order therein, to provide: 9.015 Definitions . As used i n this chapter, unless the context requires otherwise, the fol 1 awi ng words and phrases mean : Amendment. Either ~ 1 ~ an amendment to or a change i n the text of chapter 9 of the Eugene Code, 1911, ~2~ an amendment to or change i n the text of the Metro P1 an or a ref i nement plan, or ~3 } a change in zoning designation of a particular lot or lots. Metro p an amend „ ment home jurisdiction. With respect to Metro Plan Cate or ~I amendments,~~~~~~~~th~e genera~~~~~~~~ g y purpose government whose governing body initiated the amendment . With respect to Category I I amendments, the home jurisdiction consists of ~ 1 ~ Eugene for amendments within the city limits, ~2} Eugene and lane County far amendments between the city l units and the urban growth boundary, and ~3} lane County for amendments between the urban growth boundary and the Metro Plan jurisdictional boundary, Metro plan amen„dment ,,,~,,,n,,,Wti ati on date. For privately initiated metro plan amendments, the next January 1 or July 1 fol l owi n the g date a compl ete and accurate application i s submitted to and received by the home jurisdiction . Metro__pl an categ„or„_y~I aa,.me,n,dment,. Any change to the Metro P1 an which ~1} changes the urban growth boundary or the jurisdictional boundary of the Plan; ~2} requires a goal exception to be taken under statewide planning goal 2; ~3~ amends the Plan text, except Ordinance - 1 for site-specific text amendments; or ~4} requi res a substanti al diversion of budgeted planning resources from the approved work programs of affected city or county departments , Metro 1 an amendment substantive effect. A Metro P1 an amendment has a substantive effect or substantively affects a general purpose governmental entity when property affected by the amendment i s i n the geographic area where the entity has governmental authority or has been delegated land use decision making authority or when the jurisdiction has adopted a resol uti on, and i Hance, or order finding that i t i s substantively affected by the proposed change. Metro lan cote or II amendment. An amendment to the Metro Plan which i s not otherwi se a category I pl an amendment. Secti n Z. Sections 9.1ZO, 9.124, 9.126, 9.128, 9.130, 9.132, 9.134, and 9.136 of the Eugene Code, 1911, are amended, and Section 9.122 of that Code is repealed, all to provide: 9.120 Metro Plan ~ Initiation of Plan Amendments. €1 ~ who can initiate Metro Plan amendments . An amendment to the Metro Plan can be initiated by the following persons or entities ~a} Cate or I amendments. 1. All category I Metro Plan amendments must be initiated by the city counci 1 unless the counci 1 agrees to initiation by the governing body of Springfield ar lane County. The council may sol i ci t a recommendati on from the planning commission before initiating a category I amendment. I f the counci 1 initiates a category I amendment, the Springfield and lane County governing bodies must agree to that initiation for it to proceed. Z . A person may seek counci 1 initiation of a category I amendment by f i 1 i ng a wri tten request with the city. A staff report on the request shall be submitted to the council within 3o days of the request's receipt. At the direction of two counci 1 ors, the request shall be placed an the counci 1 agenda for discussion. The request shall be considered denied i f the council takes no action on i t within 60 days of the date the staff report i s submitted to the council . The council need not hold a public hearing on a private category I request and may deny it for any reason, fib} Category. II amendments. 1. The city council may initiate a category II Metro P1 an amendment. The counci 1 may sol i ci t a recommendati on from the planning commission before i n i t i at i ng a category I I amendment. A person may initiate a category II amendment if the person owns property that i s subject to the category I I amendment change. Ordinance - Z ~. A person also may seek council initiation of a category II amendment subject to the above requirements regarding category I amendments initiated by the counci 1 at the request of a person. ~ 2 } When Plan amendments can be initiated . Amendments tv the Metro Plan sh al 1 be initiated and considered at the f of 1 owi ng times ~ a} The city caunci 1 may i ni ti ate a Metro P1 an amendment at any time. Consideration of this type of amendment shal 1 beg i n immediately thereafter. fib} Privately initiated Metro P1 an amendments may be applied for at any time. The initial public hearing on an application shall take place after the next January 1 or July 1 fo1 l owi ng the f i 1 i ng of the application. ~c} Consideration of a privately initiated Metro Plan amendment shall be postponed if the proposed amendment is also part of an existing planned refinement p1 an or special area study adapt i on or amendment process or one that i s scheduled on the planning commission's work program to begi n wi th i n s i x months of the next January 1 or July 1 fal l owi ng the date the Metro Plan amendment application i s submitted. Such a requested Metro P1 an amendment shall be considered in the legislative proceedings on the refinement plan or special area study. If the refinement plan or special area study process has not begun within the six month period, the Metro Plan amendment application process shat 1 begin the next January 1 or July 1 f of 1 owi ng the six month period . The planning director may except particular plan amendment applications from postponement under this subsection and require more immediate review i f the planning director finds that either there i s a publ i c need for earlier consideration or that review of the proposed amendment as part of a general refinement plan or special area study adoption yr amendment process wi 1 l interfere with timely completion of that process. ~3} Where Plan Amendment a l i cation i s filed. Privately initiated Metro Plan amendment applications shall be filed i n the planning office of the home jurisdiction. A proposed Metro Plan amendment that particularly affects land within the Eugene urban growth boundary shat 1 be f i 1 ed only with the Eugene planning director. 9,124 Metro Plan -Referral of P1 an Amendment, All Metro Plan amendments shall be referred to the Springfield and lane County governing body es for consideration . The referral shal 1 occur within ten days of the plan amendment initiation date. The referral jurisdictions shall have 45 days from the date of referral to determine i f the proposed amendment substantively affects their jurisdictions. If a referral jurisdiction adopts a resolution, ardi Hance, ar order finding that the proposed amendment substantively affects 1 and uses within its jurisdiction, the approval of the governing body of that jurisdiction shall be required to adopt the amendment. Fai 1 ure of a jurisdiction to take action on the referral within 45 days from the date of referral shall be deemed a finding of no substantive effect. Home jurisdiction:: need not make a f i ndi ng of substantive effect. They are autamati cal ly i nc1 uded~ i n the decisional process. grdinance - 3 9.12fi Metro P1 an - P1 an Amendment A 1 ication Fee. After referral responses have been received by the home jurisdiction, an applicant for a pri vately initiated Metro Plan amendment shal 1 pay an application fee i n an amount set by the city manager under section x.020 of this code. The application fee shall differ depending upon whether the requested amendment requires approval by one, two, or three jurisdictions to become effective. No application .shat 1 be processed until i t i s complete and accurate and the application fee is paid. 9.128 Metro Plan - A royal of a Plan Amendment. ~1} Who must a rove a lan amendment. To become effective, a Metro P1 an category I amendment must be approved by the governing bad i es of Eugene, Springfield, and lane County. To become effective, Metro Plan category lI amendments must be approved by the governing bodies of the home jurisdiction and any substantively affected jurisdiction, ~2} Criteria fora rava1 of lan amendment. The following criteria shall be applied by the city council i n approving or denyi ng a pl an amendment application: ~a} The amendment must be consistent with the relevant statewide planning goals adopted by the hand Conservation and Development Commission; and fib} Adoption of the amendment must not make the Metro Plan internally inconsistent . 9.134 Metro Plan -Plan Amendment A royal Process: Sin le Jurisdiction. ~ 1 } When the sin 1 e ' uri sdi ct i an racess i s used. The following process shall be used to approve Metro P1 an amendments when Eugene is the home jurisdiction and no other jurisdiction is substantively affected by the proposed amendment , ~~} Investigation and re~p~o„r„t. Within 34 days after a response is received from both referral jurisdictions ar within 85 days after the Metro Plan amendment initiation date i f no response i s received, the planning staff of the home jurisdiction where the proposed Metro P1 an amendment was submitted shat 1 investigate the facts bearing on the Metro Plan amendment application, prepare a report, and submit i t to the planning commission. The report shall be mailed or delivered to the affected and interested parties at the time it is delivered to the commi ssi an. ~3} Plannin commission consideration. Within 64 days after receipt of the staf f report, the planning commission shat 1 hol d a publ i c hearing to consider the proposed Metro P1 an amendment. At 1 east 24 days before the hearing, notice of the hearing shat 1 be published i n a 1 ocal newspaper of general circulation and mai 1 ed to the applicant and to persons wha have requested notice. If the proposed amendment is quasi-judicial, at least 20 days before the hearing, nati ce of the hearing shall also be mailed to the owners and occupants of properties that are the subject of the proposed amendment and to property owners of record within 304 feet of the subject property. The content of the notice and conduct of the hearing on the amendment shall be as required by this code and state 1 aw. The planning commi ssi on shal 1 review the proposed amendment and receive evidence and testimony on whether the proposed change can Ordinance - 4 be justified under the approval criteria. Within 30 days after the public hearing and close of the evidentiary record, the planning commission shall adopt a written recommendation an the proposed amendment. The recommendation shall contain findings and concl us i ans on .whether the proposal or a mod i f i ed proposal meets the approval criteria. ~4} CtY council a_ coon. Within 60 days after planning commission action on the proposed Metro Plan amendment, the city council shall hold a public hearing on the proposed amendment. The council's plan amendment decision shall be based solely on the evidentiary record created before the planning cammi ss i on. Na new evidence shall be allowed at the counci 1 hearing, Wi th i n 30 days after the public hearing, the council shall approve, modify and approve, or deny the proposed amendment. The council shall take this action by ordinance with adopted findings and concl us i ans on whether the proposal ar a modi f i ed proposal meets the approval criteria. The action of the city counci 1 i s final . 9.132 Metro Plan -Plan -4mendment A royal Process: Twa Jurisdictions. ~ 1 } When the two ' uri sd i ct i ons rocess i s used. The following process shall be used to approve Metro P1 an amendments when Eugene i s the home jurisdiction where the application was submitted and one other jurisdiction is substantively affected by the proposed amendment. This process shall also be used when another jurisdiction i s the home jurisdiction and Eugene i s substantively affected by the proposed amendment. ~2} Investigation and report. Within 30 days after a response is received from both referral juri sdi cti ans or within 85 days after the Metro P1 an amendment initiation date if no response is received, the planning staff of the home juri sdi cti on where the proposed Metro Plan amendment was submitted shat 1 investigate the facts bearing on the application, prepare a report, and submi t i t to the planning commissions of both affected juri sdi cti ons. The report shat l be mailed or delivered to affected and interested parties at the time it is delivered to the two commissions. ~3} Planning commission consideration. Within fio days after receipt of the staff report, the planning commissions of both affected juri sdi cti ons shal 1 hol d a joi nt public hearing to consider the proposed Metro P1 an amendment. The prvvi si ons of secti an 9.130 ~3} of this code apply to the joint planning commission hearing and decision on a proposed Metro P1 an amendment. Within 30 days after the joint public hearing and cl ase of the evidentiary record, bath planning cammissians shall make a recommendati on to their respective governing bodies on the proposed Metro Plan amendment. ~4} Governing body action. Within fio days after the date the last planning commission acts on the Metro Plan amendment, the governing bodies of both affected juri sdi cti ons shall hol d a joi nt public hearing on the proposed amendment. The governing bodies' decisions shall be based solely on the evidentiary record created before the planning cammissians. Na new evidence shall be allowed at the governing body joint hearing. Within 30 days after the joint public hearing, both governing bodies shal 1 approve, modify and approve, ar deny the proposed Metro Plan amendment. Both governing bodies shat 1 take acti an by ordinance, with adapted findings and conclusions on whether the proposal or mad i f i ed proposal meets the approval criteria. The actions of the governing bodies are final i f they are identical . The date the last governing body acts shat 1 be the date the decision becomes final . ~5} Conflict resolution, process. The following process shall be Ordinance - 5 used when the governing bodies do not enact identical decisions on the proposed Metro Plan amendment: ~a} The Metro Plan amendment shall be referred to the Metropolitan Policy Committee within five days after the last governing body action. The Metrapol i tan Policy Cammi ttee shat 1 meet within 30 days of the referral to hear comments on the proposed amendment from the applicant, staff of the affected jurisdictions, and interested persons . The committee may devel op a recommendat i on to the governing bodies on the proposed amendment. The Metro Plan amendment shall be denied i f the committee f ai 1 s to act within 40 days of the referral date or i f the governing bodies fai 1 to adopt identical plan amendment actions within 45 days of receiving a recommendation from the committee. fib} If the plan amendment is denied because of lack of consensus or cammi ttee inaction, within five days the planning d i rector of the home jurisdiction where the application originated shall i ssue a deni al decision on the amendment containing findings and conclusions an why the proposed amendment does not meet the approval criteria. Those findings and conclusions may incorporate findings and concl usi ans previously adopted by one or both of the governing bathes . The decision of the planning director i s final . 9.I34 Metro P1 an -Plan Amendment A royal Process: Three Jurisdictions. ~} When the three 'urisdiction rocess is used. The following process shall be used to consider Metro P1 an category I amendments and category I I amendments that substantively affect Eugene, Springfield and Lane County. ~2} Investigation and report. Within 34 days after responses are received from bath referral jurisdictions or within 85 days after the Metro P1 an amendment i ni ti ati an date i f no response i s received, the planning staff of the home jurisdiction where the proposed amendment was submitted shall investigate the facts bearing on the application, prepare a report, and subrni t i t to the planning commissions of all three jurisdictions. The report shall be mai 1 ed or delivered to affected and interested parties at the same time it i s delivered to the three planning commissions. ~3} P1 annin commission consideration. Within 60 days after receipt of the staff report, the p1 anni ng commissions of Eugene, Springfield, and lane County shall hol d a joint public hearing on the proposed plan amendment. The provisions of section 9.1343} apply to the joint planning commission hearing. Within 34 days after the proposed plan amendment hearing and close of the evidentiary record, each planning commission shall make a recommendation to its governing body an the proposed Metro Plan amendment. ~4} Governing bodies action. Within 60 days after the last planning commission acts on the Metro P1 an amendment proposal , the governing bodies of Eugene, Springfield and lane County shat 1 hol d a joi nt public hearing an the plan amendment. The governing bodies' decisions shall be based solely on the evidentiary record created before the planning commissions. No new evidence shat 1 be allowed at the governing body joint hearing. Within 34 days after the joint public hearing, each governing body shall approve, modify and approve, or deny the proposed Metro P1 an amendment. Each governing body shat l take action by ordinance with adopted findings and conclusions on whether the proposal or modified proposal meets the approval criteria. The actions of the Qrdinance - 6 governing bodies are final i f they are identical . The date the 1 ast governing body acts shall be the date the action becomes final . The provisions of section 9.132 [ ~ 5 } apply i f the governing bad i es do not enact an i dent i cal plan amendment. 9.136 Metro P1 an ~ Pl an Amendment Processes: General Provisions. ~1} Process for avernment initiated lan amendments. A different process, time1 i ne, or both, than the processes and timelines specified i n sections 9.130, 9.132, or 9.134 may be established by the governing bodies for Eugene, 5pri ngf i el d and lane County for any government initiated Metro Plan amendment . ~2} Time frame waiver. The time frames prescribed in connection with category I I Metro P1 an amendment processes can be waived i f the applicant agrees to the waivers. ~3 } Bar on resubmi ttal . No privately initiated Metro Plan amendment application to Eugene shal 1 be considered i f a substanti al ly similar or identical plan amendment has been denied within the year prior to the application date unless the facts forming the basis fvr the denial have changed so as to al ] ow approval . The planning director shal 1 determine whether the proposed amendment is substantially similar or identical after providing the applicant with an opportunity to comment on the matter i n writing . ~4} Rel ati vnshi p to refinement plan amendments. When a Metro P1 an amendment i s enacted that requires an amendment to a refinement plan diagram or map for consistency, the Metro Plan diagram amendment automatically amends the refinement plan diagram or map i f no amendment to the refinement plan text i s involved . When a Metro P1 an diagram amendment requ i res a ref i nement plan diagram or map and text amendment for consistency, the Metro Plan and refinement plan amendments shall be processed concurrently. ~5} Severabil it of l an amendment ado tion actions. When identical action i s required of two or three governing bodies on a Metro Plan amendment, and the amendment i s a number of different plan changes, the fal 1 owi ng applies. Unless otherwise specified i n the adoption ordinance of any of the governing bodies, action by all of the governing bodies to adopt some but not all of the plan changes shall result in the adoption of the changes for which there i s consensus and the forwarding of only those changes for which there i s not consensus to the Metrapol i tan Policy Committee under sections 9.132 and 9.134 of this code. Section 3. The amendments to the Eugene Code, 1911 provided far herein are necessary i n order to maintain consistency between the Code and recent amendments to the Pot i cy section of Chapter IV of the Eugene-Spri ngf i el d Metropolitan Area General P1 an Metro P1 an } . The findings adopted i n support of that Ordinance amending the Metro Plan are attached as Exhibit A hereto and also adopted in support of this Ordinance. Section 4. The City Recorder, at the request of, or with the concurrence Ordinance - 1 of the City attorney, i s authorized to administratively correct any reference errors contained herein, or in other provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein. Section 5. The procedures and standards of this Ordinance shal 1 apply only to Metro Plan amendments initiated after the effective date of thi s Ordinance. Passed by the City Counci 1 thi s 1st day of March, 1993 ~ ~~ City Recorder Approved by the Mayor this 1st day of March, 1993 Mayor Ord i n ance - S EXHIBIT A Findings in Support of Ordinance No.19905 Amending Eugene Code 1971 Code Provisions Concerning the Eugene- Spring~eld Metropolitan Area General Plan Amendment Processes. Section 9.128~~} of the Eugene Code, 1971 provides that the following criteria shall be applied by the City Council in approving or denying a plan amendment application or 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. Goal 1 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 fallowing summarizes the major citizen involvement opportunities in the development of the proposed revisions to Chapter N of the Eugene- Springheld Metropolitan Area General Plan and demonstrates how the revisions enhance citizen-initiated amendments to the Plan: 1. In October of 1985, the Metropolitan Policy Committee ~MPC} directed the metropolitan staff to draft changes to Chapter IV of the Metropolitan Plan to streamline the plan amendment process. 2. Changes to Chapter IV 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 1990. 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-specific references to the Metropolitan Plan text and by placing the policies in Chapter IV into a more Exhibit A -1 logical sequence. 5. The Joint Planning Commission Com.na~ittee reviewed the proposed revisions to Chapter N of the Metropolitan Plan on May 18, 1992. 6. The proposed revisions to Chapter N were reviewed by the three metropolitan planning commissions at a joint hearing on September 29,1992. T. The Lane County and the Eugene Planning Commissions have recommended adoption, with modifications regarding timelines, of the proposed revisions to Chapter N Goal Z -Land Use Plannin . 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 1V clarifies the framework whereby citizens may initiate amendments to the Metropolitan Plan. Z. Adoption of the amendment must not make the Metropolitan Pian internally inconsistent. The proposed revisions to Chapter IV reorganize the fiirst 8 policies of that Chapter and change existing policy 6 to recognize that site-specific 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 9.15 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 goa12; (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 N and da 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