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HomeMy WebLinkAboutOrdinance No. 20089ORDINANCE NO. Zoos AN ORDINANCE AMENDING THE EUGENE-SPRINGFIELD METROPOLITAN AREA GENERAL PLAN DIAGRAM AND THE WILLAKENZIE AREA PLAN DIAGRAM AND SUBAREA MAP TO REDESIGNATE A PORTION OF PROPERTY IDENTIFIED AS MAP 17-03-29-4, TAX LOT 400 ~SKIPWORTH PROPERTY} FRGM COMMERCIAL T4 GOVERNMENT AND EDUCATION. The City Council of the City of Eugene finds that: A. On April 28,1997, at the request of the Lane County Board of Commissioners, the Eugene City Council initiated proceedings for a Type II Metro Plan diagram amendment and concurrent automatic amendment to the V~illakenzie Area Plan refinement plan} land use diagram and Ferry Street Bridge subarea map to redesignate the western portion of the Skipworth property, south of the Q Street Channel, from Commercial to Government and Education. B. This proposal came to the City of Eugene for action pursuant to procedures for amendment and refinement of the Metro Plan described in the Metro Plan and Chapter 9 of the Eugene Code,1971 ~EC~, which establishes the Eugene City Council as the approval body for Type II Metro Plan diagram amendments located within the incorporated city limits of Eugene. C. On May 20,1997, the Metro Plan amendment application was referred to the City of Springfield, and referral notice of the application and public hearing information was mailed to the Harlow Neighbors. D. 0n June 2, 1997, notice of the hearing was mailed to the owner of the property subj ect to the amendment, and to owners and occupants of property within 3 00 feet of the subject property. E. On June 3,1997, the proposed amendment and notice of the Ci Council hearin on tY g the amendment was mailed to the Oregon Department of Land Conservation and Development as required by ORS 197.610. No comment was received in response to the notice. F. 0n June 10,1997, .notice of the hearing was published in the Eugene Register-Guard. G. On July 1, 1997, the Eugene Planning Commission held a public hearing on the request and voted in support of the request as submitted by Lane County. As per EC 9.130, the Planning Commission hearing was the sole evidentiary hearing on this application, and all evidence in support or opposition to the proposed amendment had to be introduced at the Planning Commission hearing. Testimony in support of the proposed amendment was provided by the applicant's representative; there was no testimony in opposition to the proposed amendment. Ordinance -1 H. Gn July 1 ~, 1997, notice of the Eugene City Council hearing was mailed to the applicant, neighborhood association and those who had requested to be placed on the interested Parties list for the Metro Plan amendment. I. Gn August 4,1997, the Eugene City Council held a public hearing on the request and is now ready to take action on the requested amendment. The City Council hearing was on the evidentiary record created before the Planning Commission. J.. Evidence exists within the record and the findings attached hereto that the proposal meets the requirements of Chapter 9 of the Eugene Code, 1971, and the requirements of applicable state and local law. NGV~, THEREFORE, THE CITY OF EUGENE DOES ORDAIN AS FULLGwS: Section 1. The above findings, and the findings set forth in Exhibit B attached hereto and incorporated herein by this reference are hereby adapted. Section 2. The Metro Plan Diagram land use designation for the western portion of the site identified as Map 17-03-29-4, Tax Lot 404, south of the Q Street Channel, is amended from Commercial to Government and Education, as depicted on Exhibit A attached hereto and incorporated herein by this reference. Section 3. The willakenzie Area Plan land use diagram and Ferry Street Bridge subarea map designation for the western portion of the site identified as Map 17-43 -29-4, Tax Lot 400, south of the Q Street Channel, are automatically amended from Commercial to Government and Education, as depicted on Exhibit A attached hereto and incorporated herein by this reference, in conformance with the provisions of EC 9.1364}. Section 4. 1f any section, subsection, sentence, clause, phrase, or portion of this Grdinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, that portion shall be deemed a separate, distinct, and independent provision and that holding shall not affect the validity of the remaining portions of this ordinance. Passed by the City Council this Approved by the Mayor this 4th day of August, 1997 ~ ~ !1 City Record r Grdinance - 2 EXHIBIT A: MA 97-1, SKIPWURTH METRU PLAN AMENDMENT MAP "I1-~3-29-04 T.L. 3fb0 I ~ ~~ ~ G~ 0~ 'f.L. 14P i O~~\ ' ~ -~ "i"~~ ,, h V ~~~J ~v dl ~ ~ ~1 K1 --E F- f- ~~ I CEMENNL4L BOULEVARD C""" LECsEND --~"'~" SUBJECT PROV'£R7Y BOUNQARY SUBJECT PROPERLY CORNER • ~Q~.b4CENT PROPEl4TY BOUNAARY APPQoXIM~hT~. ~-UC'.g-norJ dF Cor1 r1 ~ ec -~cL. bF5/G-~~v.4Tion~ _ (, V W BGALF T -X00' SITE MAP EXHIBIT B: FINDINGS IN SUPPORT OF THE ORDINANCE AMENDING THE EUGENE- SPRINGFIELD METOPOLITANAREA PLAN DIAGRAM AND CONCURRENT AUTOMATIC AMENDMENT OF THE wILLAKENZIE PLAN DIAGRAM AND FERRY STREET SUBAREA MAP, MA 97-1, SKIPWORTH Metro Plan Amendment Criteria #1: EC 9.128 3 a The amendment must be consistent with the relevant statewide lannin oals ado ted b the Land Conservation and Develo ment Commission. Goal 1, Citizen Involvement: To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. This Metro Plan amendment application is subject to the public notification and hearing processes adapted by the City of Eugene in EC 9.118 to 9.136, The amendment was be considered at a public hearing before the Eugene Planning Commission, Notice of the Planning Commission public hearing was published in the Register~Guard. written notice of the Planning Commission public hearing was mailed to the owners and occupants of properties within 30~ feet of the property, to persons who have requested notice, and to the neighborhood association, After receiving the recommendation from the Planning Commission, the City Council held a duly noticed public hearing on the record to consider approval, modification, or denial of the amendment. These processes afforded ample opportunity for citizen involvement consistent with Goal 1. The amendment, therefore, is consistent with statewide planning Goal 1. Goal 2, Land Use Planning: To establish a land use planning process and policy 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. This application to amend the Metro Plan and willakenzie Area Plan diagrams is consistent with Plan amendment provisions found in the Metro Plan, as codif ed in the Eugene Code. The Metro Plan is an acknowledged comprehensive plan, pursuant to provisions specified by the Land Conservation and Development Commission. 4n April 28,1997, the Eugene City Council initiated this Type 11 Metro Plan diagram amendment at the request of the Lane County Board of Commissioners. Provisions in the Eugene Code specify the means by which the Nletro Plan maybe amended SEC 9.118 to 9.136}. This application, and the process for reviewing the requested amendment, follow the procedures outlined in the Eugene Code, thus conforming with the established land use planning process consistent with Goal 2. 1 Goal 3, Agricultural Land: To preserve and maintain agricultural lands. There are no agricultural lands, by zoning, designation or use, involved with or affected by this application. Therefore this Goal is not relevant and the amendment does not affect Metro Plan compliance with Goal 3. Goal 4, Forest Land: To conserve forest lands by maintaining the forest land base and to protect the state's forest economy by mak~'ng possible economically efficient forest practices that assure the continuous growing and harvesting of forest tree species as the leading use on forest land consistent with sound management of soil, air, water, and~sh and wildlife resources and to provide for recreational opportunities and agriculture. There are no forest lands related to this application, so this Goal is also not relevant and the amendment does not affect Metro Plan compliance with Gval 4. Goal 5, Gpen Spaces, Scenic and Historic Areas, and Natural Resources: To conserve open space and protect natural and scenic resources. The Q Street Channel is identif ed as a jurisdictional wetland National Wetlands Inventory, Eugene East map]. This application does not seek to change the Park and Cpen Space Metro Plan designation for the Q Street Channel, but merely corrects a difference between the property's underlying zoning classification and the existing Commercial Plan designation for the western portion of the property, south of the Q Street Channel, There are no other inventoried Goa15 resources on the property. The amendment, therefore, is consistent with and complies with Goal 5. Goal G, Air, Water and Land Resources Quality; Ta maintain and improve the quality of the air, water and land resources of the state. The application for Metro Plan diagram amendment does not concern waste and process discharges that would impact the quality of air, water, and land resources. Any and all future development on the property will comply with all local, state, and federal standards and guidelines. The Q Street Channel functions as an open stormwater conveyance and could receive stormwater runoff from future development on the site Eugene Comprehensive Stormwater Management Plan, November 1993, pg. 4-7]. These and other Goal 6 considerations would be addressed through the site planning process should future development occur on the property. As development is not proposed at this time, and the application fvr a Metro Plan diagram amendment is intended to rectify the difference between the site's Commercial Plan designation and underlying zoning, this Goal is not relevant and the amendment does not affect Metro Plan compliance with Goal 6. 2 Goal 7, Areas Subject to Natural Disasters and Hazards: I'o protect life and property from natural disasters and hazards. Flood insurance Rate Map 41 ~ 122 ~~06B indicates that the entire site is within the 1 ~0- ear Y flood zone. The portion of the site far which Metro Plan redesignation is being sought currentl y has no structures, buildings, ar major improvements. Any future construction on the grope ~Y would have to comply with Eugene Code regulations concerning construction within the floodplain. This would also. be the case if the Plan designation remained Commercial and if future commercial development were proposed. Therefore, the amendment is consistent with Goal 7 and continued compliance will occur through protections established by the City's floodplain development regulations. The amendment does not affect Metro Plan compliance with Goal 7. Goal S, Recreational Needs: To satisfy the recreational needs of the citizens of the state and visitors and, where appropriate, to provide far the siting of necessary recreational facilities including destination resorts. The portion of the subj ect site designated Commercial is not identified for recreational use in the Metro Plan or in the Eugene Parks and Recreation Plan July 1989}, The amendment does not affect Metro Plan compliance with Goal S. Goal 9, Economic Development: To provide adequate opportunities throughout the state ar f a variety of economic activities vital to the health, welfare, and prosperity of Oregon s citizens. The Administrative Rule far Statewide Planning Goal 9 [GAR 6G0, Division 9~ requires cities to evaluate the supply and demand of commercial land relative to community economic objectives, The Eugene Commercial Lands Study (~ctober 1992} was adopted by the City of Eugene as a refinement of the Metro Plan, and complies with the requirements of Goal 9 and its Administrative Rule. The Eugene Commercial Lands Study acknowledged that the inventory of commercial land is dynamic and that discrepancies between the Plan Diagram and zoning district do occur: "In general, land designated in the Metro Plan for commercial use is also zoned far commercial development. In some cases, however, a specific parcel maybe designated for commercial use and not have a commercial zoning or vice versa. chile the Metro Plan designation provides a map illustrating the broad land use patterns in the community, zoning districts define the speci tc types of uses permitted on an individual parcel. " ~Pg. II-3} The property's long-time and current use as a juvenile justice campus is consistent with permitted uses in the PL, Public Land zoning district. The Commercial designation on the western portion of the site is an anomaly that would be corrected by approval of the requested Metro Plan amendment and concurrent automatic amendment to the Willakenzie Area Plan. 3 The amendment will not reduce Eugene's inventory of commercial buildable lands, because the portion of the property designated Commercial was not included in the Eugene Commercial Lands Study inventory. The Commercial Lands Study methodology for computing the commercial buildable Iand inventory included "any tax lot or portion of a tax lot that was vacant and zoned or designated for commercial use..." [Eugene Commercial Land Study, page II~1]. Subsequent field checking evaluated parcels larger than .5 acre in size for their availability for development. At the time the inventory was assembled, staff determined that the site was not considered to be "vacant" commercial land because it was part of the Lane County juvenile justice campus; therefore, it was not included in the site inventory [Analysis of the Quality of Commercial Lands, January 1990, willakenzie subarea map, southern portion, Attachment 3]. Even without the western portion of the Skipworth property included, the supply of vacant commercial land within the Eugene Urban Growth Boundary totaled 505 acres, as of January 1989. VL~ith the addition of redevelopment of existing developed sites in the downtown area and of surface parking lots owned by the Eugene Renewal Agency, of neighborhood commercial development in areas designated Residential, and of limited commercial development allowed on sites designated Industrial, the study concluded that the supply of commercial land exceeded the 2010 projected demand for commercial land by over 100 acres [Commercial Land Study, Table 4, Supply of and Demand for Commercial Land, page II-15, Attachment 4], Since the Skipworth property was not included in the commercial land supply, amending the Metro Plan diagram hand concurrent automatic amendment to the willakenzie Area Plan diagram} will not affect Metro Plan compliance with Goal 9. No Metro Plan diagram amendments or rezonings were adopted concurrent with the adoption of the Commercial Lands Study; rather, it was anticipated that property owners would determine the timing of amendments. Lane County's request to amend the Metro Plan diagram hand automatically the Willakenzie Area Plan diagrams} for the Skipworth property is consistent with this approach. The amendment will not affect the supply of commercial lands, as documented in the Eugene Commercial Lands Study, and will not otherwise affect Metro Plan compliance with Goal 9. Goal la, Housing: ~'o provide for the housing needs of citizens of the state. As j uvenile detention facilities are not considered a residential use and no residentially zoned or designated land is involved in this application, this Goal is not relevant and the amendment will not affect Metro Plan compliance with Goal 10. Goal 11, Public Facilities and Services: ~'o plan and develop a timely, orderly and efficient arrangement of publ is facil staes and services to serve as a framework for urban and rural development The property currently has the full complement of urban services and facilities, Because no transition from rural to urban development is required, and no extension or addition of public facilities and services is needed as a result of the amendment, this Goal is not relevant and the 4 amendment will not affect Metra Plan compliance with Goal 11. Goal 12, Transportation: To provide and encourage a safe, convenient and economic transportation system, The property is accessed by safe, convenient and economical transportation alternatives. The property borders and takes access off Centennial Boulevard, a fully improved minor arterial street. The nearest Lane Transit District bus stop is located approximately 20 yards west of the subject site. Auto access to the Skipworth facility is provided by a drivewa off Centennial . y Boulevard. Bicycle and pedestrian access to the site ~s provided via a 10'-wide aved sidewalk . P paralleling Centennial Boulevard. Bikeways Maps published by the City of Eu ene Bikewa s g Y Program classif es the existing sidewalk along Centennial as a "Widened Sidewalk" Whlch is "specifically designed for bicycles and pedestrians." These facilities adequatel rovide safe Yp convenient and economical transportation alternatives to and from the property. The amendment will not affect compliance with policies or pro j ects contained in the Metropolitan Area Transportation Plan ~TransPlan}, a functional refinement to the Metro Plan acknowledged as complying with the requirements of Goal 1 ~ and will not affect Metro Plan compliance with Goal 1Z, Goal 13, Energy Conservation: To conserve energy. This Goal is not relevant because the amendment does not involve any additional develo ment . ~ p that would consider energy conservation systems, or the recycling and reuse of vacant land er . P the gu~del~nes associated with Goal 13. The amendment will not affect Metro Plan coin Hance P with Goal 13. Goal 14, Urbanization: To provide far an orderly and e~cient transition from rural to urban land use. The property is within the Eugene city limits and Urban Growth Boundary and has all necessary urban services, The property is not being converted from rural to urban use. Therefore, this Goal is not relevant and the amendment will not affect Metro Plan coin Hance p with Goal l4. Goal 15, Willamette River Greenway: To protect, conserve, enhance and maintain the natural, scenic, historical, agricultural, economic and recreational qualities of lands slang the Willamette .diver as the Willamette River Green~ay. The northernmost boundary of the Willamette River Greenway in the vicinity is on the south side of Centennial Boulevard, across from the property [4regon Department of Transportation, State Highway Division, Willamette River Greenway Map #97]. Therefore, this Goal is not relevant and the amendment will not affect Metro Plan compliance with Goal 15. 5 Goals 16 through 19 Estuarine Resources, Coastal Shorelands, Beaches and Dunes, and (]cean Resources}: There are no coastal, ocean, estuarine, or beach and dune resources related to the property or involved in the amendment, Therefore, these Goals are not relevant and the amendment will not affect Metro Plan compliance with Goals 16 through 19, Metro Plan Amendment Criteria #Z; EC 9.128 3 b Ado tion of the amendment must not make the Metro Plan internall inconsistent. The Metro Plan diagram amendment will not create any internal inconsistencies inthe Metro Plan. Rather, the amendment will correct the difference between the property's zoning and the Metro Plan diagram. The amendment will also have the Q Street Channel serve as the more logical break between the Commercial and the Government and Education Metro Plan diagram designations. South of the Q Street Channel, the property currently has two Metro Plan designations, despite the fact that the property is a single tax lot with a single owner, Lane County. The entire property is zoned PL, Public Land. There are no text references in the Metro Plan to the land use designation for this property. For nearly 4o years the Skipworth juvenile detention facility has been located on the property. The juvenile justice uses in conjunction with Skipworth are consistent with the underlying Public Land zoning district. "Community resource centers owned by public agencies" [EC Section 9.402~b}] and "Public buildings and uses" SEC Section 9,402~c}] are permitted uses in the PL Public Land District, and the property will continue in government ownership and use. The property's overall PL zoning district and its split Plan designations creates a difference between the zoning map and the Metro Plan diagram. This can be resolved through approval of the amendment to redesignate the western portion of the property, south of the Q Street Channel, from Commercial to Government and Education on the Metro Plan diagram. As cited under EC 9.1253}~a} above, the amendment requested is consistent with adopted functional refinements to the Metro Plan, including TransPlan X1986}, the Eugene Commercial Lands Study X1992}, and the Eugene Parks and Recreation Plan X1989}. Since the amendment is consistent with adopted functional ref nements to the Metro Plan and there are no text references to the Skipworth property in the Metro Plan, the amendment will not make the Metro Plan internally inconsistent. 6 Criteria for Concurrent Automatic Amendment of Refinement Plan Diagram: EC 9.136 4 When a Metro Plan amendment is enacted that re wires an amendment to a refinement lan or functional lan dia ram or ma for consistenc the Metro Plan amendment automaticall amends the refinement lan or functional lan dia ram or ma if no amendment to the refinement plan, or functional p~an,text is involved. There are no text references to the Commercial designated portion of the property in the Willakenzie Area Plan applicable ref nement plan} or any applicable functional plan ~TransPlan, Eugene Commercial Lands Study, Eugene Parks and Recreation Plan}, so the amendment does not require any text changes to the refinement plan or any functional plans. The proposed amendment applies only to the Metro Plan diagram, and to the Willakenzie Area Plan land use diagram and Ferry Street Bridge subarea map. The proposed Metro Plan amendment meets the criteria specif ed in EC 9.1364}and will automatically amend the Willakenzie Area Plan land use diagram and Ferry Street Bridge subarea map to maintain consistency between the Metro Plan and the refinement plan. 7 Planning & Development Planning Division 99 West 1 nth Avenue Eugene, Oregon 9741 X541 } fi82-5481 Phone X541 } 682-5572 FAK Metro Plan Amendment Staff Report File Name: Skipworth Metro Plan Amendment File Number: MA 97w l Initiation Date: Metro Plan Amendment Proceedings Initiated by Eugene City Council, April 28,1997 Submittal Date: May 15,1997 Public Hearing: July 1,1997 Assessor Map: 17-03-29-4 Tax Lot: 400 Location: 2411 Centennial Boulevard Request: Type lI amendment to the Metro Plan diagram and concurrent automatic amendment to the ~Villakenzie Area Plan refinement plan} land use diagram and subarea map to redesignate the western portion of the property, south of the Q Street Channel, from Commercial to government and Education. Applicant: Lane County Applicant's Satre Associates, PC Representative: Attn: Philip Farrington, AICP 132 East Broadway, Suite 536 Eugene, ~R 97401 X541 ~ 465-4721 Staff Approval of the requested amendment to the Metro Plan diagram Recommendation: and concurrent automatic amendment to the Willakenzie Area Plan refinement plan} land use diagram and subarea map. Lead Staff: Jan Childs, Planning Director X541} 6$2-5205 Planning Division Staff Report - MA 97-1 July 1,1997 Page 1 Pur ose of Staff Re ort The Eugene Code requires City staff to investigate the facts bearing on a proposed Metro Plan amendment and prepare a staff report to the Planning Commission. The staff report must be printed and available within 3 0 days prior to the public hearing on the Metro Plan amendment to allow the Planning Commission, affected and interested parties, and citizens an opportunity to learn more about the request and to review the staff analysis of the proposed amendment. The staff report gives preliminary information, based on evidence submitted prior to completion of the report, which maybe supplemented by testimony and other materials resented at the ublic p p ear~ng, Metro Phan Amendment Re nest On April 25,1997, at the request of the Lane County Board of Commissioners, the Eugene City Council initiated proceedings for a Type II Metro Plan diagram amendment and concurrent automatic amendment to the Willakenzie Area Plan refinement plan} land use diagram and subarea map to redesignate the western portion of the Skipworth property, south of the Q Street Channel, from Commercial to Government and Education. The action to initiate was made "without prej udice," which means that the action to initiate did not indicate approval or disapproval of the proposed amendment. The requested amendment is for property located within the Eugene City limits. No amendment to the text of the Metro Plan or Willakenzie Area Plan is proposed. The request affects only the western portion, south of the Q Street Channel, of the Skipworth property located at 2411 Centennial Boulevard Assessors Map 17-03-29w4, Tax Lot 400j. The property has three Metro Plan and Willakenzie Area Plan land use designations. The Q Street Channel is designated Parks and Open Space; the western portion of the parcel, south of the Q Street Channel, is designated Commercial; and the eastern portion of the parcel is designated Government and Education, No change is proposed to the portions of the property currently designated Parks and Open Space or Government and Education. The entire tax lot is currently zoned PL, Public Land; no change in zoning is proposed. Site Descri tion The northern and western portions of the 12,78-acre Skipworth property include the Q Street Channel, a conveyance for flood flows and stormwater runoff in Springfield and Eugene, and open space buffering the channel. Located south of the Q Street Channel are; the Lane County Department of Youth Services ~DYS}offices; the Skipworth Juvenile Detention Center; juvenile courts; a fenced outdoor recreation area and ballf elds; and offices, residential bed space, and program space for the Looking Glass Pathways Program. Planning Division Staff Report - MA 97-1 July 1,1997 Page 2 Properties across the Channel to the west and north of the site are designated and zoned Commercial. North of the Channel isright-of-way for Interstate Highway 105. East of the site are the State-owned National Guard Armory, a Lane County-owned parcel occupied by the existing University of Gregon football practice field, and a parcel owned by the Boy Scouts of America for their local offices, all of which are designated Government and Education and zoned Public Land. Centennial Boulevard borders the site on the south. Land across Centennial Boulevard is owned by the Gregon State System of Higher Education, is in use by the University of Gregon for indoor and outdoor sports f elds, and is part of a larger parcel containing Autzen Stadium and the Len Casanova Center, designated Parks and Gpen Space and zoned Public Land. Prior Related Land Use Decisions The current Commercial designation of the western portion of the Skipworth property was shown an the land use diagram adopted as part of the Eugene-Springf eld Metropolitan Area General Plan Metro Plank in 1982. It appears to be a continuation of the Commercial designation shown on an area east of the Ferry Street Bridge in the Eugene-Springfield Metropolitan Area 1990 General Plan ~ 1990 Plan, adapted in 1972, which preceded the Metro Plan. The 1990 Plan diagram does not show the Q Street Channel, so exact correspondence of the 1990 Plan and Metro Plan diagram designations is difficult to determine. There were no text references to the Skipworth property in either the 1990 Plan or the 1982 Metro Plan. No change to the Metro Plan designation for this property was adopted as part of the 19$7 Periodic Review of the Metro Plan, or subsequent Metro Plan diagram amendments; and no text references to the property have been added to the Metro Plan. when the willakenzie Area Plan was adapted in 1992, the existing Metro Plan diagram designations for the Skipworth property were reproduced on the willakenzie Land Use Diagram [willakenzie Area Plan, fold-out map] and the Ferry Street Bridge subarea map [willakenzie Area Plan, page 70~. There are no text references in the willakenzie Area Plan to the Commercial designation of the western portion of the Skipworth site and no rationale for the split CommerciallGovernment and Education designations on the willakenzie Area Plan land use diagram and subarea map. The Commercial designated portion of the site was not included in the supply of commercial land for the Eugene Commercial Lands Study ~Gctober 1992}. Tvne_II Metro Plan Amendment Process 1n 1995, the Eugene and Springfield City Councils and the Lane County Board of Commissioners revised the Metro Plan amendment process to simplify and streamline the process for Metro Plan diagram amendments located within the incorporated city limits of Eugene and Springfield which meet the def nition of Type II Metro Plan amendments. Metro Plan amendment procedures are contained in Eugene Code SEC} Sections 9.118 to 9.136; Planning Division Staff Report - MA 97-1 July 1,1997 Page 3 definitions are contained in EC 9.015. For Type II Metro Plan diagram amendments within the incorporated City limits, the Eugene City Council is the decision-maker. The praposed amendment is referred to springf eld and Lane County, which can opt to participate as parties to the proceedings, but not as decisianw maker. To further simplify the process, EC 9.13d~4}provides that when a Metro Plan diagram amendment is enacted that requires an amendment to a refinement plan diagram or map for consistency, adoption of the Metro Plan diagram amendment automatically amends the refinement plan diagram or map, when amendments to the refinement plan text are not also needed. Review of a Type II Metro Plan diagram amendment includes two public hearings: an evidentiary hearing before the Eugene Planning Commission; and an "on-the-record" hearing by the Eugene City Council. The Planning Commission receives evidence and testimony on whether the proposed change can be justified under the approval criteria and forwards a written recommendation on the praposed amendment to the City Council. The City Council also holds a public hearing on the proposed amendment, but the Council's hearing is "on-the-record." The City Council's decision must be based solely on the evidentiary record created before the Planning Commission; no new evidence is allowed at the City Council hearing, All decisions of the City Council are final. A party may appeal the decision to the Oregon Land Use Board of Appeals within 21 days of the decision of the City Council. Appeals to the Dregon Land Use Board of Appeals are governed by DRS 197.830 to 197.845. _ _ , ,Public Hearing Noticg _e _erra s, to enort and, , ,,,,,,,,,_._, 0n May 20,1997, the Metro Plan amendment application was referred to the City of Springf eld and Lane County as required by EC 9.124; and referral notice of the application and public hearing information was mailed to the Harlow Neighbors. 4n June 2,1997, the staff report was mailed to the Planning Commission and to affected and interested parties as of that date. The Planning Commission public hearing will be held on July 1,1997, within 30 days after Planning Commission receipt of the staff report. Twenty days prior to the public hearing, the Planning Division will provide written mailed notice of the Metro Plan amendment public hearing to the applicant and persons who requested notice; to the ownerloccupant of the subject property; and to all owners and occupants of property within 300 feet of the subject property. Notice of the Metro Plan amendment public hearing will be published in the Register-Guard twenty days prior to the public hearing. PXanning Division staff Report - MA 97-1 July 1,1997 Page 4 Criteria for Evaluatin the Pro osed Metro Plan Amendment The following criteria from EC 9,128(3} shall be applied by the Planning Commission and City Council in approving or denying a Metro Plan Amendment application: ~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. EC 9.1364}provides that when a Metro Plan amendment is enacted that requires an amendment to a refinement plan or functional plan diagram or map for consistency, the Metro Plan diagram amendment automatically amends the refinement plan or functional plan diagram or map if no amendment to the refinement plan or functional plan text is involved. Staff Evaluation Based on evidence available as of the completion of this staff report, the following findings are presented. EC 9.128 ~3}~a} The amendment must be consistent with the relevant statewide planning goals adopted by the Land Conservation and Development Commission. Goal 1 Citizen Involvement: To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. This Metro Plan amendment application is subject to the public notification and hearing processes adopted by the City of Eugene in EC 9.118 to 9.136. The amendment will be considered at a public hearing before the Eugene Planning Commission. Notice of the Planning Commission public hearing will be published in the Register-Guard. Written notice of the Planning Commission public hearing will be mailed to the owners and occupants of properties within 30o feet of the property, to persons who have requested notice, and to the neighborhood association. Following a recommendation from the Planning Commission, the City Council will hold a duly noticed public hearing on the record to consider approval, modification, or denial of the amendment, These processes afford ample opporh~nity for citizen involvement consistent with Goal 1. The amendment, therefore, is consistent with statewide planning Goal 1. Goal 2 Land Use Planning: 2'o establish a land use planning process and poi icy 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. Planning Division staff Report - MA 97- ~ July 1,1997 Page 5 This application to amend the Metro Plan and VLlillakenzie Area Plan diagrams is consistent with Plan amendment provisions found in the Metro Plan, as codified in the Eugene Code. The Metro Plan is an acknowledged comprehensive plan, pursuant to provisions specified by the Land Conservation and Development Commission. 4n April 28,1997, the Eugene City Council initiated this Type II Metro Plan diagram amendment at the request of the Lane County Board of Commissioners. Provisions in the Eugene Code specify the means by which the Metro Plan may be amended SEC 9.118 to 9.13 6}, This application, and the process for reviewing the requested amendmment, follow the procedures outlined in the Eugene Code, thus conforming with the established land use planning process consistent with Goal 2. Goa13 Agricultural Land: To preserve and maintain agricultural lands. There are no agricultural lands by zoning, designation oruse-involved with or affected by this application. Therefore this Goal is not relevant and the amendment does nat affect Metro Plan compliance with Goal 3. Goal 4-Forest Land: To conserve forest lands by maintaining the forest rand base and to protect the state's forest economy by making passible economically e~cient forest practices that assure the continuous growing and harvesting of forest tree species as the leading use on forest land consistent with sound management of sail, air, water, and fish and wildlife resources and to provide far recreational opportunities and agriculture. There are no farest lands related to this application, so this Goal is also not relevant and the amendment does not affect Metro Plan compliance with Goal 4. Goa15--open Spaces, Scenic and Historic Areas, and Natural Resources: Ta conserve open space and pratect natural and scenic resources. The Q Street Channel is identif ed as a jurisdictional wetland National Wetlands Inventory, Eugene East mapj. This application does not seek to change the Park and Cpen Space Metro Plan designation for the Q Street Channel, but merely corrects a difference between the property's underlying zoning classification and the existing Commercial Plan designation for the western portion of the property, south of the Q Street Channel. There are no other inventoried Goal 5 resources on the property. The amendment, therefore, is consistent with and complies with Goal 5. Goal 6--A,Yr, water and Land Resources Quality: To maintain and improve the quality of the air, water and land resources of the state. ................................. . Planning Division Staff Report ~ MA 97-1 ruly 1, t 997 Page 6 The application for Metro Plan diagram amendment does not concern waste and process discharges that would impact the quality of air, water, and land resources. Any and all future development on the property will comply with all local, state, and federal standards and guidelines. The Q Street Channel functions as an open stormwater conveyance and could receive stormwater runoff from future development on the site [Eugene Comprehensive Stormwater Management Plan, November 1993, pg. 4-7j. These and other Goal 6 considerations would be addressed through the site planning process should future development occur on the property. As development is not proposed at this time, and the application for a Metro Plan diagram amendment is intended to rectify the difference between the site's Commercial Plan designation and underlying zoning, this Goal is not relevant and the amendment does not affect Metro Plan compliance with Goa16. Goal 7 Areas Subject to Natural Disasters and Hazards: 2'o protect life and property from natural disasters and hazards. Flood Insurance Rate Map 410122 ~~06B indicates that the entire site is within the 1 ~~-year flood zone. The portion of the site for which Metro Plan redesignation is being sought currently has no structures, buildings, or major improvements. Any future construction on the property would have to comply with Eugene Code regulations concerning construction within the floodplain. This would also be the case if the Plan designation remained Commercial and if future commercial development were proposed. Therefore, the amendment is consistent with Goal 7 and continued compliance will occur through protections established by the City's floodplain development regulations. The amendment does not affect Metro Plan compliance with Goal 7. Goal S--Recreational Needs: To satisfy the recreatianal needs of the citizens of the state and visitors and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. The portion of the subject site designated Commercial is not identified for recreation use in the Metro Plan or in the Eugene Parks and Recreation Plan July 1959}. The amendment does not affect Metro Plan compliance with Goal $, Goal 9-Economic Development: ~'o provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. The Administrative Rule for Statewide Planning Goal 9 DAR ~~0, Division 9j requires cities to evaluate the supply and demand of commercial land relative to community economic objectives. The Eugene Commercial Lands Study ~Gctober 1992} was adopted by the City of Eugene as a refinement of the Metro Plan, and complies with the requirements of Goal 9 and its Administrative Rule. Planning Division Staff Report - MA 97-1 Duly 1,1997 Page 7 The Eugene Commercial Lands Study acknowledged that the Inventory of commercial land is dynamic and that discrepancies between the Plan Diagram and zoning district do occur: "In general, land designated in the 1Vletra Plan for commercial use is also zoned for commercial development, In some cases, however, a speck parcel may be designated for commercial use and not have a commercial zoning or vice versa. YYhile the metro Plan designation provides a map illustrating the broad land use patterns in the community, zoning districts define the sped xc types of uses permitted on an individual parcel. " ~Pg. II-3} The property's long-time and current use as a juvenile justice campus is consistent with permitted uses in the PL, Public Land zoning district. The Commercial designation on the western portion of the site is an anomaly that would be corrected by approval of the requested Metro Plan amendment and concurrent automatic amendment to the Willakenzie Area Plan. The amendment will not reduce Eugene's inventory of commercial buildable lands, because the portion of the property designated Commercial was not included in the Eugene Commercial Lands Study inventory. The Commercial Lands Study methodology for computing the commercial buildable Iand inventory included "any tax lot or portion of a tax lot that was vacant and zoned or designated for commercial use..." [Eugene Commercial Land Study, page II-1 j. Subsequent field checking evaluated parcels larger than .5 acre in size for their availability for development. At the time the inventory was assembled, staff determined that the site was not considered to be "vacant" commercial land because it was part of the Lane County juvenile justice campus; therefore, it was not included in the site inventory [Analysis of the Quality of Commercial Lands, January 1990, Willakenzie subarea map, southern portion, Attachment 3~. Even without the western portion of the Skipworth property included, the supply of vacant commercial land within the Eugene Urban Growth Boundary totaled 505 acres, as of January 1989. With the addition of redevelopment of existing developed sites in the downtown area and of surface parking lots owned by the Eugene Renewal Agency, of neighborhood commercial development in areas designated Residential, and of limited commercial development allowed on sites designated Industrial, the study concluded that the supply of commercial land exceeded the 2010 prof ected demand for commercial land by over l OD acres Commercial Land Study, Table 4, Supply of and Demand for Commercial Land, page II-15, .Attachment 4], Since the Skipworth property was not included in the commercial land supply, amending the Metro Plan diagram hand concurrent automatic amendment to the Willakenzie Area Plan diagram} will not affect Metro Plan compliance with Goal 9. No Nletro Plan diagram amendments or rezonings were adopted concurrent with the adoption of the Commercial Lands Study; rather, it was anticipated that property owners would determine the -- ----- Planning Division Staff Report - MA 97-1 July 1,1997 Page 8 timing of amendments. Lane County's request to amend the Metro Plan diagram hand automatically the Willakenzie Area Plan diagrams} for the Skipworth property is consistent with this approach, The amendment will not affect the supply of commercial lands, as documented in the Eugene Commercial Lands Study, and will not otherwise affect Metro Plan compliance with Goal 9. Goal 10 Housing: Ta provide far the housing needs of citizens of the state. As juvenile detention facilities are not considered a residential use and no residentially zoned or designated land is involved in this application, this Goal is not relevant and the amendment will .not affect Metro Plan compliance with Goa110. Goal ll----Public Facilities and Services: To plan and develop a timely, orderly and e~cient arrangement of public facilities and services to serve as a framework for urban and rural development, The property currently has the full complement of urban services and facilities. Because no transition from rural to urban development is required, and no extension or addition of public facilities and services is needed as a result of the amendment, this Goal is not relevant and the amendment will not affect Metro Plan compliance with Goal 11, Goal 12--Transportation: To provide and encourage a safe, convenient and economic transportation system. The property is accessed by safe, convenient and economical transportation alternatives. The property borders and takes access off Centennial Boulevard, a fully improved minor arterial street. The nearest Lane Transit District bus stop is located approximately 20 yards west of the subj ect site. Auto access to the Skipworth facility is provided by a driveway off Centennial Boulevard. Bicycle and pedestrian access to the site is provided via a 10'-wide paved sidewalk paralleling Centennial Boulevard. Bikeways Maps published by the City of Eugene Bikeways Program classifies the existing sidewalk along Centennial as a "VLlidened Sidewalk" which is "specifically designed for bicycles and pedestrians." These facilities adequately provide safe, convenient and economical transportation alternatives to and from the property. The amendment will not affect compliance with policies or projects contained in the Metropolitan Area Transportation Plan ~TransPlan}, a functional refinement to the Metro Plan, acknowledged as complying with the requirements of Goal 12 and will not affect Metro Plan compliance with Goal 1 Z, Goal 13 Energy Conservation: To conserve energy. Planning Division Staff Report - MA 97- ~ July x,1997 Page 9 This Goal is not relevant because the amendment does not involve any additional development that would consider energy conservation systems, or the recycling and reuse of vacant land per the guidelines associated with Goal 13. The amendment will not affect Metro Plan compliance with Goal 13. Goal 14-Urbanization: 7'o provide for an orderly and efficient transition from rural to urban land use. The property is within the Eugene city limits and Urban Growth Boundary and has all necessary urban services. The property is not being converted from rural to urban use. Therefore, this Goal is not relevant and the amendment will nat affect Metro Plan compliance with Goal 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 YYillamette River as the i~illamette River Greenway. The northernmost boundary of the Willamette River Greenway in the vicinity is on the south side of Centennial Boulevard, across from the property [Oregon Department of Transportation, State Highway Division, Willamette River Greenway Map #97]. Therefore, this Goal is not relevant and the amendment will not affect Metro Plan compliance with Gaal 15. Goals 16 through 19 Estuarine Resources, Coastal Shorelands, Beaches and Dunes, and Ocean Resources}: There are no coastal, ocean, estuarine, or beach and dune resources related to the property or involved in the amendment. Therefore, these Goals are not relevant and the amendment will not affect Metro Plan compliance with Goals 16 through 19. EC 9.1ZS~3}(b} Adoption of the amendment must not make the Metro Plan internally inconsistent. The Metro Plan diagram amendment will not create any internal inconsistencies in the Metro Plan, Rather, the amendment will correct the difference between the property's zoning and the Metro Plan diagram. The amendment will also have the Q Street Channel serve as the more logical break between the Commercial and the Government and Education Metro Plan diagram designations. South of the Q Street Channel, the property currently has two Metro Plan designations, despite the fact that the property is a single tax lot with a single owner, Lane County. The entire property is zoned PL, Public Land. There are no text references in the Metro Plan to the land use designation for this property. Planning Division Staff Report - MA 97- I July 1,1997 Page 10 For nearly 40 years the Skipworth juvenile detention facility has been located on the property. The juvenile justice uses in conjunction with Skipworth are consistent with the underlying Public Land zoning district, "Community resource centers owned by public agencies" [EC Section 9.402~b}] and "Public buildings and uses" [EC Section 9.4oZ~c}] are permitted uses in the PL Public Land District, and the property will continue in government ownership and use. The property's overall PL zoning district and its split Plan designations creates a difference between the zoning map and the Metro Plan diagram. This can be resolved through approval of the amendment to redesignate the western portion of the property, south of the Q Street Channel, from Commercial to Government and Education on the Metro Plan diagram. As cited under EC 9.1253}~a} above, the amendment requested is consistent with adopted functional refinements to the Metro Plan, including TransPlan ~195~}, the Eugene Commercial Lands Study (1992}, and the Eugene Parks and Recreation Plan X1959}. Since the amendment is consistent with adopted functional refinements to the Metro Plan and there are no text references to the Skipworth property in the Metro Plan, the amendment will not make the Metro Plan internally inconsistent. EC 9.13G ~4} When a Metro Plan amendment is enacted that requires an amendment to a refinement plan or functional plan diagram or map for consistency, the Metro Plan amendment automatically amends the refinement plan or functional plan diagram or map if no amendment to the refinement plan or functional plan text is involved. There are no text references to the Commercial designated portion of the property in the Willakenzie Area Plan applicable refinement plan} or any applicable functional plan ~TransPlan, Eugene Commercial Lands Study, Eugene Parks and Recreation Plan}, so the amendment does not require any text changes to the refinement plan or any functional plans. The proposed amendment applies only to the Metro Plan diagram, and to the Willakenzie Area Plan land use diagram and Ferry Street Bridge subarea map, The proposed Metro Plan amendment meets the criteria specified in EC 9.1364} and will automatically amend the Willakenzie Area Plan land use diagram and Ferry Street Bridge subarea map to maintain consistency between the Metro Plan and the refinement plan. Conclusion and Recommendation Based on the findings contained in this staff report, staff concludes that the proposed Metro Plan diagram amendment and concurrent automatic amendment to the Willakenzie Area Plan are consistent with the approval criteria and recommends: Planning Division Staff Report - MA 97-1 ~uiy 1,1997 Page 11 1. Approval of a Metro Plan diagram amendment from Commercial to Government and Education for the western portion of the Skipworth property, south of the Q Street Channel; and 2. Approval of conforming amendments to the willakenzie Area Plan land use diagram ~Willakenzie Plan, fold-out maps and Ferry Street Bridge subarea map [~Villakenzie Plan, page 70~ from Commercial to Government and Education for the western portion of the S~ipworth property, south of the Q Street Channel. For More Information: Jan Childs, Planning Director Eugene Planning Division ATTN: File # MA 97-1 99 Nest 10th Avenue Eugene, 4R 97401 Attachments: 1. Vicinity map 2. Site map Phone: (541) 682-5208 FAX: (541) 682-5572 3. willakenzie Area Site Inventory Map, Analysis of the Quality of Commercial Lands (January, 1994} 4. Table 4, Supply of and Demand for Commercial Lands Study, Eugene Commercial Lands Study, ~Dctober 1992} 5. Applicant's statement Planning Division Staff Report - MA 97-1 July 1,1997 Page 12 Attachments are not included. They are available by written request to the Eugene City Recorder's Office.