HomeMy WebLinkAboutOrdinance No. 19989ORDINANCE N0. 19989
AN ORDINANCE CONCERNING METRO PLAN AMENDMENTS; AMENDING
SECTIONS 9.015, 9.120, 9.124, 9.126, 9,128, 9.130,
9.132, 9,134, AND 9.13fi OF THE EUGENE CODE, 1911; ADDING
NEW SECTIONS 9.118 AND 9.119 TO THAT CODE; AND REPEALING
SECTION 9,122 OF THAT CODE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. The definitions of "Amendment," "Home jurisdiction," "Plan
amendment," "Initiation date," "Substantive effect," and "Plan update amendment"
set forth in Section 9.015 of the Eugene Code, 1911, are amended; the definitions
of "Major plan amendment, " "Minor plan amendment, " and "Substantial diagram
amendment" set forth therein are repealed; and a definition far "Metro plan
amendment - type II" is added in alphabetical order therein, to provide:
9,015 Definitions. As used in this chapter, unless. the context requires
otherwise, the following wards 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 ~ a} the text of the Metro P1 an, a ref i nement plan, or functi anal
plan; or 4 b} the diagram of the Metro Plan, a refinement plan or
functional plan; or ~3} a change in zoning designation of a
particular ]ot or lots.
Metro 1 an amendment home c i t . The city of Spri ngf i e1 d shat 1
be the home city for all site specific type I and type I I Metro Plan
amendments east of Interstate 5, excluding Glenwood. The city of
Eugene shall be the home city for al 1 site specific type I and type
II Metro Plan amendments west of Interstate 5, including Glenwood.
The appl i cabi 1 i ty of home city shat 1 have no basis with respect to
non-site specific type I Metro Plan amendments.
Metre lan amendment initiation. Any of the three governing
bodies may initiate a Type I Metro Plan amendment at the i r
discretion or, at their discretion, initiate a Type I Metro P1 an
amendment on behal f of a ci t i zen who has ~ made such a request . Any
of the three governing bodies or a c i t i zen who owns property that i s
subject of the proposed amendment may initiate a Type II Metro Plan
. amendment at any time.
Metro ~lan amendment re Tonal im act. Site specific Metro
P1 an amendments , have regional impact i f the change i n plan
des~gnat~on or site location will:
.~a} Require an, amendment of a jointly adopted
f unct ~ onal p1 an ~ nc1 ud~ ng the Pubi i c Facilities Plan, a
Natural Resources Functional P1 an, or involves an amendment to
Ordinance - 1
TransPl an, determined by the Transportation P] anni ng Committee
~TPC} to be regional in nature, or order to provide the
subject properties with an adequate 1 evel of necessary urban
services or fac~1~t~es; or
fib} Have a demonstrable impact an the water, storm
dray Wage, sang tary sewer or transportation foci 1 i ti es of the
non-home city; or
~c} Affect the bui 1 dabl a land inventory i n such a way
as to impact the regional supply by:
1. Si gni f i~cantiy decreasing the net inventory
of needed bui 1 dabl e 1 and i n the fall owi ng plan
designation categories:
Medium Density Residential
Nigh Density Residential
Commercial; or
2. Significantly increasing the net inventory
of bui 1 dabl e 1 and ~ n the fol l owe ng plan des i gnat i an
categories:
Low Density Residential
Special Light Industrial
Light-Medium Industrial
Heavy Industrial
except in the following two cases: P
~a} A jurisdiction may amend the plan
designations to compensate for reductions in
bui 1 dabl e 1 and caused by protection of newly
discovered natural resources within its own
jurisdiction, or
fib} A jurisdiction may change a p1 an
des ~ gn at ~ an to accommodate the cant i guaus
expansion of an existing business with a site
specific requirement.
The non-home city may choose to participate in the site
specific plan amendment process, exc1 udi ng amendments
within city 1 i mi ts, i f the non-home city adopts a
resolution determining that the proposed amendment has
regional impact. Lane County shall participate in all
Metro P1 an amendments outside of city limits.
Metro lan amendment - t e I. Any change to the Metro P1 an
which ~ 1 } changes the urban growth boundary or the jurisdictional
boundary of the P1 an; ~2} requi res a goal exception not ref ated to
a UGB expansion to be, taken under statewide planning goal 2; or, ~3}
~ s a non - s ~ to spec ~ f ~ c amendment of the P1 an text .
Metro plan,,,„,amendment,„,,,_ t~Ype II. An amendment to the Metro
Plan which i s not otherwi se a type I pl an amendment and which : 1
~}
changes the plan diagram; or, ~~} is asite-specific plan text
amendment.
Section 2. Sections 9.124, 9.124, 9.12fi, 9.128, 9.130, 9.132, 9.134, and
9.13 of the Eugene Code, 1911, are amended, new Sections 9.118 and 9.119 are
Ordinance - 2
added thereto; and Section 9.122 is repealed therefrom, to provide:
AMENDMENT PROCEDURES
Metro 01 i tan Area General P1 an
an -Purpose. The Metropolitan Area General Plan Metro
.118 Metro P1~~..~~„ .~~.~~~~~~,~~~,~,~,,.._
Plan} allows citizen initiated type I I Metro Plan amendments to be
initiated at any time. Amendments that require a final decision from one or two
jurisdictions shall be concluded within 120 days of the initiating date.
Amendments that require a final decision from all three governing bodies shall
be concluded within 180 days of the initiation date. The city counci 1 may
i n i ti ate a Type I or Type I I Metro P1 an amendment at any time , City counci 1
initiated Metro P1 an amendments are not subject to the 12o calendar day review
period. Metro Plan amendments shall be made in accordance with the standards
contained in Chapter IV of the Metro Plan and the provisions of this code.
9.119 Metro P1 an Amendment -Review. A preMapp1 i cati on conference shall
be encouraged prior to a formal Metro P1 an amendment application.
9.120 Metro P1 an -Initiation of P1 an Amendments.
~1} who can initiate Metro P1 an amendments, An amendment to the
Metro P1 an can be initiated by the following persons or entities:
~ a} T e I non-site s eci f i c text amendments UGB Plan
boundar char es or other oat exce tions. By any of the three
governing bodies.
1. The counci 1 may sot i ci t a recommendati on from the
planning commission before initiating this category of
amendment.
2. A citizen may seek council initiation of a Metro
P1 an type I amendment by f i l i ng a wri tten request with the
city. A staff report on the request shall be submitted to the
council within 30 days of receipt of the request. At the
direction of two councilors, the request shall be placed on
the counci 1 agenda for discussion. The request shall be
considered denied if the council takes no action within fi0
days of the date the staff report i s submitted to the counci 1.
The council need not hold a public hearing on a private type
I amendment request and may deny the request for any reason.
A citizen seeking council initiation of a site specific Metro
Plan type I amendment must own the property subject to the
amendment .
fi b} T e I I l an d i a ram and s i to s ec i f i c text amendments .
1. Inside the cit limits. By the home city and
citizens.
2. Between the cit limits and the tan boundar . By
any of the three governing bodies and citizens.
3. The council may sol i ci t a recommendati on from the
planning commission before initiating this category of
Ordinance - 3
amendment . A ci t i zen initiating a Metro P1 an type I I
amendment must own the property subject to the amendment.
4. A citizen may seek council initiation of a Metro
Plan type II amendment subject to the above requirements
regarding Metro Plan type I amendments initiated by the
council at the request of a citizen.
~ 2 ~ When P1 an amendments can be initiated . Amendments to the Metro
Plan shall be initiated and considered at the fall awi ng times
~a~ The city council may i ni ti ate a type I or type I I Metro
Plan amendment at any time. Consideration of this type of amendment
shall begin immediately thereafter,
~b~ Citizen initiated type I I Metro P1 an amendments may be
appl red for at any time. The initial public hearing on an
application shat 1 take place within 6G days of acceptance of a
complete application .
~c} Consideration of a citizen initiated Metro P1 an
amendment shall be postponed i f the proposed amendment i s also part
of an existing planned refinement plan or special area study
adoption or amendment process, or one that is scheduled to commence
within three months of the date of app1 i cats on submittal . Such a
requested Metro P1 an amendment shat 1 be considered i n the
legislative proceedings of the refinement plan or special area
study. If the refinement plan or sped ai area study process has not
begun within the three month period, the Metro Plan amendment
application process shat 1 begin immediately fall owi ng the three
month period. ,The planning director may except particular plan
amendment appl ~ cats ons from postponement under this subsection and
require more immediate review if the planning director finds that
either there is a public need for earlier consideration or that
review of the proposed amendment as part of a general refinement
plan or specs a1, area study adoption or amendment process wi l l
~ nterfere w~ th t ~ me1 y comps et i on of that process .
~ 3 ~ Where Plan Amendment a l i c at i on i s filed . Citizen initiated
Metro Plan amendment app1 i cat i on s sha11 be filed i n the planning office of the
home city if within the UGB, or with Lane County if outside the UGB and the
amendment is not a request to expand the UGB.
9,124 Metro P1 an - Referr,,,,,,,,,~ of P1 an Amendment. Al 1 Metro P1 an
amendments outside the city l imits of Eugene shall be referred to the
city of Spri ngf i e1 d for cans i derati on of reg i ona1 impact. lane County shal l
participate in the hearing and decision of all Metro P1 an amendments outside the
city 1 i mi is . Al 1 Metro P1 an amendments inside the city 1 i mi is shall be referred
to the cirty of Spri ngf i e1 d and lane County so they may participate as parties to
the hearing. All referrals shall occur within ten days of the plan amendment
initiation date. Any referral that is provided for the purpose of determining
regional impact shall be answered by the referral jurisdiction within 45 days of
receipt of the referral . Failure of a juri sdi cti on to take action on the
referral within 45 days from the date of referral shall be deemed a finding of
no regional impact. If a referral jurisdiction adopts a resolution, ordinance,
or order f i ndi ng that the proposed amendment has a rags anal impact, that referral
jurisdiction may participate in the~decision if it so chooses. A11 jurisdictions
Ordinance - 4
participating in the plan amendment decision process must approve the amendment
i n order to enact the amendment .
9.126 Metro Plan -Plan Amendment ~A 1 ication Fee. The applicant for a
citizen initiated Metro Plan amendment shat 1 pay an application fee
in an amount set by the city manager under section 2.020 of this code. No
appl i cat i an shall be processed unti 1 i t i s camel ete and accurate and the
application fee is paid.
9.128 Metro P1 an - A royal of a P1 an Amendment.
~1} ~~ •
~a} Non-site s ecific. To become effective, anon-site
sped f ~ c Metro P1 an text type I amendment must be approved by al 1
three governing bodies.
S ~ to sp„
_~„ „ecific. To become effective, a site specific
Metro Plan type I amendment that involves a UGB or plan boundary
change that crosses the Wi 11 amette or McKenzie River, ar that
crosses aver a ri dge i nto a new basin, or that i nvol yes a goal
exception not related to a UGB expansion, must be approved by all
three governing bodies. See Fig. 32.}
~c} .Site s ecific. To became effective, a site specific
Metro Plan type I amendment that involves a UGB or plan boundary
change must be approved by the home city and Lane County.
Exception: If the non-home city, after referral of the proposal,
determines that the amendment has regional impact and, as a resent
of that determination, chooses to participate i n the hearing, al 1
three governing bodies must approve the amendment.
~2} T e II.
~a} Inside cit limits. To became effective, a Metro Plan
type II amendment inside the city limits must be approved by the
home city.
fib} Between the ci t 1 i mi is and 1 an boundar . To become
effective, a Metro Plan type II amendment between the city 1 units
and the plan boundary must be approved by the home city and lane
County. Exception: If the non-home city, after referral of the
proposal , determines that the amendment has regional impact and, as
a resin t of that determination, chooses to participate i n the
hearing, all three governing bodies must approve the amendment.
~3} Criteria fora rova1 of tan amendment. The fallowing
criteria shall be appl ~ ed by the city counci 1 i n approving or denyi ng a Metro
Plan amendment appl ~cat~on:
~ a} The ,amendment must be consistent with the relevant
statewide planning goals adopted by the Land Conservation and
Development Commission; and
fib} Adoption of the amendment must not make the Metro Plan
internally inconsistent.
9.130 Metro Plan - P1 an Amendment A rova1 Process: Sin 1 e Jurisdiction,
~ 1 } When the sin 1 e `uri sd i ct i on rocess i s used . The fol 1 owl n
g
Ordinance - 5
process shall be used to consider Metro Plan type I1 amendments inside the city
1 imi is of Eugene..
~ Z } _I,nvest i g.a,t i on and ,report . Within 34 days after the Metro Plan
amendment initiation~date, the p1annl~l~ng staff shall investi ate the facts bearin
9 g
on the amendment appl ~ cats on, prepare a report, and submit ~ t to the planning
commission. The report shal 1 be mai 1 ed ar delivered to affected and interested
parties at the time i t i s delivered to the cammi ss i on .
Planning. commi_ss
_,_.. ,,,'on consideration. Within 34 days after
~ } ,.
receipt of the staff report~~, the p1aI~II-n~ng~~~~~.~.~~~~~,,._,.,,~.,~~.
n' .~~~~,~,, cammi~ss i vn shall hat d a ub1 i s heari n
P 9
to cans~der the proposed Metro Plan amendment. At least ZD days before the
hearing, .notice of ,the hearing shal 1 be published i n a 1 oval newspaper of general
c~ rcul ate on and mai 1 ed to the applicant and to persons who have requested notice.
At 1 east 20 days before the hearing, notice of the hearing shall a1 so be mai 1 ed
to the owners and occupants of properties that are the subject of the proposed
amendment and to property owners of record within 30o feet of the subject
property. The content of the notice and conduct of the hearing on the amendment
shal 1 be as required by this code and state 1 aw. The planning cammi ss i on shat 1
review the proposed amendment and receive evidence and testimony on whether the
proposed change can be justified under the approval criteria. Within 34 days
after the public hearing and close of the evidentiary record, the p1 anni ng
commission shall adopt a wri tten recommendation on the proposed amendment, The
recommendat~ on shall conta~ n f ~ ndi ngs and conclusions on whether the proposal or
a mod i f i ed proposal meets the approval criteria.
~4} Ct~ caunc„~„1 ac,tian. Within 45 days after planning commission
y
acts on on the proposed Metro P1 an amendment, the city counci 1 shat 1 hvl d a publ i c
hearing on the proposed amendment, The counci 1's decision shall be based solely
on the evidentiary record created before the planning commission. No new
evidence shall be allowed at the council hearing. Within 34 days after the
public hearing, the counci 1 shall approve, modify and approve, or deny the
proposed amendment. The council shall take this action by ordinance with adopted
findings and cancl usi ons on whether the proposal or a moth f i ed proposal meets the
approval criteria. The action of the city council is final.
9.132 Metro P1 an -Plan Amendment A royal Process: Two Jurisdictions.
~ 1 } When the two 'uri sdi cti ons rocess i s used. The fall owl ng
process shall be used to approve Metro P1 an type I I amendments when Eugene i s the
home city and lane County must participate i n the decision and the city of
Spry ngf ~ e1 d has chosen not to participate after consideration of a referral .
~Z} lnvest,gati„on and report. Within 30 days after a response is
received from the city of Spr~i ngf~li~el d, or within 54 da s after the Metro P1 an
. y
amendment ~ ni ti ate on date ~ f no response ~ s rece~ ved, the pl ann~ ng staff of the
home jurisdiction where the proposed Metro P1 an amendment was submitted shat l
investigate the, facts bearing on the application, prepare a report, and submi t
~t to the planning comm~ss~ons of both affected jurisdictions. The report shall
be mai 1 ed or del ~ vered to affected and interested parties at the time i t i s
delivered to the two commissions.
~3} Plannin commission consideration, Within 30 days after
receipt of the staff report, the planning commissions of both affected
3ur~sdict~ons shall hold a joint public hearing to consider the proposed Metro
P1 an amendment . The provisions of section 9.130 ~ Z } of this code apply to the
joint planning commission hearing and decision on a proposed Metro Phan
ordinance - fi
amendment. Within 30 days after the joint public hearing and close of the
evidentiary record,, both planning cammissions shall make a recommendation to
their governing bodes on the proposed Metro Plan amendment.
4 Goyer _
~ } ____ n ~ ng_,.,body,,,,,,_act„~ on . Within 30 days after the date the last
p1 anni ng commission actls~~ on the Metro P1 an amendment the overni n bodies of
. .. ,~ 9 9
both affected ~ urn sdi ct~ ons shall hol d a ~ o ~ nt publ ~ c hearing on the pro osed
amendment. ~ ~ ~ ~ p
The governing bodies dec~s~ons shall be based solely on the
evidentiary record created before the planning cammissions. No new evidence
shal 1 be allowed at the governing body joint hearing. Within 30 days after the
joint public hearing, both govern i ng bodies sha11 approve, modify and a rove,
ar den th pp
y e proposed Metro P1 an amendment. Both governing bodies shall take
act ~ on by ord ~ Hance, w~ th adopted f ~ ndi ngs and conclusions on whether the
proposal ar modified proposal meets the appraval criteria. The actions of the
governing bad i es are final i f they are i dent i cal. The date the 1 ast governing
body acts shall be the date the decision becomes effective.
~5} Con_fl_c,t,,,,,,,,,resolut„~-on„„.process. The fallowing process shall be
used when the governing bodes do not enact identical decisions on the proposed
Metro P1 an amendment:
~a} The Metro Plan amendment sh~al 1 be referred to the
Metropolitan Policy Committee within five days after the 1 as~t
governing body action . The Metropvi i tan Policy Cammi ttee shall meet
within 30 days of the referral to hear comments on the proposed
amendment Pram the applicant, staff of the affected jurisdictions,
and interested persons . The committee may level ap a recommendati an
to the govern ~ ng bodies on the proposed amendment . The Metro P1 an
amendment shat 1 be denied i f the committee f ai 1 s to act within 3a
days of the referral date or i f the governing bodies fai 1 to adapt
i dent i ca1 plan amendment actions within 45 days of rece i v i n a
recom g
mendat~on from the committee.
fib} If the plan amendment i s denied because of lack of
consensus or committee inaction, within five days the planning
director of the home juri sdi cti on where the application originated
shall issue a denial decision on the amendment containing findings
and conclusions on why the proposed amendment does not ,meet the
appraval criteria. Those f i ndi ngs and conclusions may incorporate
f ~ ndi ngs and concl use ons previously adopted by one ar both of the
governing bodies . The decision of the planning director i s final .
9.134 Metro Plan -Plan Amendment A roval Process: Three Jurisdictions.
~ 1 } When the three `uri sd i cti on rocess i s used. The following
process shall be used to approve Metro P1 an type I amendments and type II
amendments where all three jurisdictions participate in the decision.
. .
~2} Invest~~at~,,,,,,,,~,_,.,,,,nd re ort. Within 30 days after responses are
,~,., on a ...~p
-_
received from both referral juri sdi ctl ons or within 5v days after the Metro Pi an
amendment initiation date i f no response i s received, the planning staf f of the
home jurisdiction where the proposed amendment was submitted shall investi ate
g
the facts bears ng on the appl ~ cats an, prepare a report, and submit i t to the
planning camm~ ss~ ons of al 1 three juri sdi cti ons. The report shat 1 be mai 1 ed or
delivered to affected and interested parties at the same time i t i s delivered to
the three planning commissions .
~3} Plannin commission consideration. Within 30 da s after
y
Ordinance - 7
receipt of the staff report, the p1 ann i ng commissions of Eugene, Springfield, and
Lane ,County shall hol d a jai nt public hearing on the praposed plan amendment. The
prov~s~ons of section 9.1303} a.f this code apply to the joint planning
commission hearing. Within 30 days after the proposed plan amendment hearing and
close of the evidentiary record, each planning commission shall make a
recommendation to its governing body on the proposed Metra P1 an amendment.
~4} . Governin bodies' action. Within 30 days after the last
pl ann ~ ng comma ss ~ on acts on the Metro Plan amendment proposal , the governing
bodies of Eugene, Springfield and lane County shall hol d a joi nt pub1 i c hearing
on the,plan,amendment. The governing bodies' decision shall be based solely on
the ev~dent~ary record created before the planning commissions. No new evidence
shall be allowed at the governing body joint hearing. Within 3o days after the
joint public hearing, each governing body shall approve, modify and approve, or
deny the praposed Metro P1 an amendment , Each governing body shat 1 take action
by ordinance with adopted findings and conclusions an whether the proposal or
modified proposal ~ meets the approval criteria. The actions of the governing
bod ~ es are f ~ na1 i f all three governing bodies adapt identical decisions . The
date the last governing body acts shall be the date the action becomes effective.
The conflict resolution provisions of section 9.1325} of this code apply if the
governing bodies do not adopt identical ordinances.
9.136 Metro Plan -Plan Amendment Processes: General Provisions.
~ ~ } Process for overnment initiated 1 an amendments . A di fferent
process, timeline, or bath, than the processes and timelines specified i n
sections 9,130, 9.132, ar 9.134 of this code may be established by the governing
bodies of Eugene, Spri ngf i e1 d and Lane County for any government initiated Metro
Pl an amendment .
~2} Time frame waiver. The time frames prescribed in connection
with the Metro Plan amendment processes can be waived if affected property owners
agree to the waiver.
~3} Bar on resubmi tta1. No privately initiated Metro P1 an
amendment, application to Eugene shall be considered i f a substanti ally simi 1 ar
or ~ dent ~ cal plan amendment has been denied within the year prior to the
application date unless the facts forming the basis for the denial have changed
so as to allow approval . The p1 ann i ng director shall determine whether the
proposed amendment is substantially similar or identical after providing the
applicant with an opportunity to comment on the matter in writing.
~4} Re1 ati onshi to refinement 1 an or functional 1 an amendments.
When a Metro P1 an ,amendment i s enacted that requires an amendment to a ref i nement
plan or functional plan diagram or map for consistency, the Metro P1 an dia ram
g
amendment automat~ca1ly amends the refinement plan or functional plan diagram or
map i f no amendment to the refinement p1 an or functional p1 an text i s i Wool ved .
When a Metro P1 an diagram amendment requi res a ref i nement p~ an or functional plan
diagram or map and text amendment for cans i stency, the Metro Plan, refinement
plan and functional plan amendments shall be processed concurrently.
~5} Re1 ati onshi of amendment rocess to Metro P1 an u date and
eri odi c review. An update of any element of the Metro P1 an requi res initiation
and approval by all three jurisdictions. Amendments to the Metro Plan that
result from state-mandated periodic review require approval by all three
jurisdictions.
~6} Severabilit of lan amendment ado tion actions. When
Ordinance - 8
identical action is required of two yr three governing bodies on a Metro Plan
amendment, and the amendment results in a number of different plan changes, the
fol 1 owi ng applies . Unless otherwise specified i n the adoption ordinance of any
of the governing bodies, action by ali 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 farwardi ng of only those changes for which there i s
not consensus to the Metropal i tan Pal i cy Cvmmi ttee under sections 9.132 and 9.134
of this code.
Section 3. The amendments to the Eugene Code, 1911 provided for herein are
necessary in order to maintain consistency between the Code and recent amendments
to the Plan Amendments and Refinements Section of Chapter IV of the Eugene-
Spri ngf i el d Metropolitan Area General Plan Metro Pl an ~ . The findings adopted
i n support of that Ordinance amending the Metro Plan are attached as Exhibit A
hereto and also adopted i n support of this Ordinance.
Section 4. The City Recorder, at the request of, or with the concurrence
of the City Attorney, i s authorized to administratively correct any reference
errors contained herein or in other provisions of the Eugene Code, 1911 to the
provisions added, amended or repealed herein .
Section 5. Notwithstanding the provisions of the Eugene Charter and the
Eugene Cade, 1971, this Ordinance sha11 not become effective until identical
provisions are adopted by the city of Spri ngf i e1 d and lane County.
Passed by the City Council this
9th day of November, 1994
City Re order
Approved by the Mayor this
9th day of November, 1994
,~~c:c~~~ \-c~ /GLOB~I`~ ;~;~
Mayor
Ordinance - 9
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EXHIBIT A
Findings in Support of Ordinance No, 19958 Amending the
Pion Amendments and Refinements Section of Chapter IV of
the Eugene-Springfield Metropolitan Area General Plan,
Section 9.1282) 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 Gaols:
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 following summarizes the major citizen involvement opportunities
in the development of the proposed revisions to Chapter IV of the Eugene-
Springfield Metropolitan Area General Plan and demonstrates how the revisions
enhance citizen-initiated amendments to the Plan:
1. In actober of 19$8, 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 Joint Planning Commission Committee reviewed the proposed revisions
to Chapter IV of the Metropolitan Plan on May 18,1992.
Exhibit A -1
5. The proposed revisions to Chapter IV were reviewed by the three
metropolitan planning commissions at a joint hearing on September 29,1992.
6. In February 1993, the elected officials of Eugene, Springfield and Lane County
held another joint public hearing on revisions to the Metro Plan amendment
process.
Gn March 1, 1993, following the joint public hearing by the elected officials
of Eugene, Springfield and Lane County, the Eugene City Council adopted
revisions to the Metro Plan amendment process. The Lane County Board of
Commissioners also adopted the amendments. The Springfield City Council
rejected the proposed revisions and submitted an alternative amendment
process for consideration. As a result, the item was forwarded to the
Metropolitan Policy Committee MPC} far conflict resolution.
7. In January 1994, MPC forwarded three options far completing the conflict
resolution process to the elected officials. The City Council was polled and
a majority favored incorporating the issue into Periodic Review. As refined
by MPC, this option included the establishment of a special committee of
representatives from each jurisdiction to prepare a consensus recommendation
to the elected officials.
S. The City Council approved this approach in April 1994 and Councilors Boles
and Nathanson represented Eugene on the committee. The Resolution
Committee was chaired by Councilor Bales, with staff support from the Lane
Council of Governments and the planning directors. The Committee met
during June 1994 and completed a recommendation at their June 2$, 1994
meeting.
9. As recommended by the Resolution Group, the amendment process
distinguishes between Type I amendments, which are non-site specific text
amendments, UGBIPIan Boundary changes or other goal exceptions; and Type
II amendments, which include plan diagram and site specific text amendments.
10. Under Type I amendments, adoption by all three jurisdictions is required for
any non-site specific text amendment and for any UGB or Plan Boundary
change crossing the VL~illamette or McKenzie River or crossing over a ridge
into a new basin, or involving a goal exception not related to a UGB
expansion. For other Type I amendments, the amendment will be reviewed
against a set of criteria to determine if , it has regional impact. If the City
Council of the non-home city resolves that the amendment has regional
impact, adoption by all three jurisdictions is required; if not, only the home
city and county must adopt the amendment.
Exhibit A - 2
11. Under Type II amendments, proposed amendments between the city limits
and the plan boundary will also be reviewed to determine if it has regional
impact. If the City Council of the non-home city resolves that the amendment
has regional impact, adoption by all three jurisdictions is required; if not, only
the home city and county must adopt the amendment. Inside the corporate
limits of a city, the decision is made by the city. The city provides official
notice of the amendment to the other city and the county and the opportunity
to participate as a party to the hearing.
12. Gn July 21, 1994, the Metropolitan Policy Committee unanimously
recommended that the recommendations of the Resolution Group be
approved by the respective governing bodies. Following review of final Metro
Plan text and code language by members of the Resolution Group, the item
was scheduled for action by the governing bodies,
Goal 2 -Land Use Plannin .
Goal 2 states that "Gpportunities shall be provided for review and comment by
citizens and affected governmental units during preparation, review and revision on
plans and implementation ordinances." Goal Z 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 distinguish between Type I
amendments, which are non-site specific text amendments, UGBIPIan
boundary changes or other goal exceptions; and Type II amendments, which
include Plan Diagram and site specific text amendments, The revisions clarify
the framework whereby citizens may initiate amendments to the Metropolitan
Plan.
2, Adoption of the amendment must not make the Metropolitan Plan internally
inconsistent.
The proposed revisions to Chapter IV distinguish between Type I and Type II
amendments and clarify in what instances citizens may initiate amendments to the
Metro Plan and in what instances the separate jurisdictions may or must participate
in a Metro Plan amendment,
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,
Exhibit A - 3
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 currently defines a Plan Update Amendment
as "Any change to the Metropalitan Plan 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 a fundamental principle,
metropolitan goal ar 'policy set out in Chapter II of the Plan, ar ~4} requires a
substantial diversion of budgeted planning resources from the approved work
programs of affected city departments. That definition will be amended to reflect the
Type I and Type II amendments referenced in Section 2 above.
The proposed amendment does not change the urban growth boundary ar the
jurisdictional boundary of the Metropolitan Plan. The changes are .restricted to the
Plan amendments and refinements section of 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 - 4