HomeMy WebLinkAboutOrdinance No. 19728ORDINANCE N0. 19728
~' AN ORDINANCE CONCERNING METROPOLITAN AREA GENERAL
PLAN AMENDMENT PROCESSES; AND AMENDING SECTIONS
9.015, 9.120, 9.122, 9.124, 9.126, 9.128, 9.130,
9.132, 9.134, AND 9.136 OF THE EUGENE CODE, 1911.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS;
Section 1. Section 9.015 of the Eugene Code, 1971, is amended by adding
the following in alphabetical order therein:
9.015 Definitions. As used in this chapter, unless the context requires
otherwise, the fallowing words and phrases mean:
Home,jur~sdiction. With respect to Metropolitan Plan amend-
ment processes,~~the general purpose government having primary land
use decision making authority in the area of the proposed plan
amendment for site specific plan changes} or the government with
whom the plan amendment application is filed or by wham the amend-
ment is initiated for non-site specific plan changes}.
Ma'or tan amendment. A change to the Metroplitan Plan which
~1} amends the text of the Plan; ~2} is a substantial diagram
amendment; ~3} requires an ESEE analysis under statewide planning
goal 5; ~4} requires another Plan amendment to maintain plan con-
sistency; or ~5} substantively affects the City of Eugene, the City
of Springfield and Lane County.
Metro of i tan Plan Metro Plan . The Eugene-Springfield Metro-
politan Area General P1 an, a land use comprehensive plan for the
cities of Eugene and Springfield and those parts of lane County
within its urban growth boundary.
Metropolitan P,o„~.,i„cy Comm_i ttee . The cammi ttee established by
Eugene Ordinance No. 19451.
Minor lan amendment. A diagram change to the Metropolitan
Pi an which i s not a ma j or plan amendment or a plan update amendment .
Plan amendment initiation date. For minor plan amendments,
the amendment initiation date is the date the amendment is finally
classified as a minor plan amendment or the date a governing body
initiates the plan amendment. For major plan amendments, the
amendment initiation date is the next January 1 or July 1 follow-
ing either the date the amendment is classified or determined to
be a major plan amendment or the date a governing body initiates
the plan amendment, whichever date i s later.
P an u ate am,,.._.
P ,,,,,,endment. Any change to the Metropolitan Pi 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 a fundamental princi-
ple, metropolitan goal or policy set out in Chapter II of the Plan;
or ~4} requires a substantial diversion of budgeted planning re-
Ordinance - 1
sources from the approved work programs of affected city depart-
ments.
Planning, director. The person designated by the city manager
to administer~t~he~land use ordinances of the city or his/her desig-
nee.
u stant~ a ~ a r ,,,m.,.,,.w,
__' g,a, amendment. A change to the Metrapolitan
Plan diagram which is a change to or from medium or high density
residential or commerical designations for more than 15 acres of
land or which is any other change affecting more than 30 acres of
land.
Substantive effect. A Metropolitan Plan amendment has a sub-
stantive effect or substantively affects a general purpose govern-
mental entity when property affected by the amendment is in the
geographic area where the entity has governmental authority ar has
been delegated land use decision making authority or when the jur-
isdiction has adopted written findings declaring that it is sub-
stantively affected by the proposed change.
Section 2. Sections 9.120, 9.122, 9.124, 9.126, 9.126, 9.130, 9.132,
9.134, and 9.136 of the Eugene Code, 1971, are amended to provide:
9.120 Metro Plan - Initiation of P1 an Amendments .
~1} Who can initiate Metro olitan P1 an amendments. An amendment
to the Metropolitan Plan can be initiated by the following persons or enti-
ties:
~a} The city council may initiate a major or minor plan amend-
ment at its own instance or at the request of a person, The council
may solicit a recommendation from the planning commission before
acting to initiate an amendment. Any person seeking council initi-
ati on of a pl an amendment shall f i 1 e a wri tten request with the
city. A staff report on the request sha11 be submitted to the
council within 3o days of the request's receipt. At the request of
two councilors, the matter shall be placed an the council agenda
for discussion. The request shall be considered denied if the
council takes na action on the request within 60 days of its filing.
The council may deny the request for any reason and need not hold
a public hearing on the request.
fib} A person may initiate a Metrapolitan P1 an diagram amend-
ment if the person owns property which is the subject of the diagram
change. A person may initiate a plan text amendment if the per-
son's economic or property interests are affected by the proposed
plan change.
~c} Initiation of a plan update amendment requires initiating
actions by the governing bodies of the City of Eugene, City of
Springfield and Lane County. A plan update amendment may not be
privately initiated.
~2} when Plan amendments can be initiated. Amendments to the
Metropolitan Plan shall be initiated and considered at the following times:
~a} The city council may initiate an amendment at any time.
A privately-initiated minor plan amendment may be initiated at any
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time. Consideration of these types of amendments shall occur
immediately thereafter.
fib} Privately-initiated major amendments may be applied for
at any time. Consideration of an application for a major plan
amendment shall not begin until the next January 1 or July 1 follow-
ing the filing of the application.
~c} Consideration of aprivately-initiated plan amendment
shall be postponed if the subject matter of the proposed amendment
is the subject matter of an ongoing or planned refinement plan ar
special area study adoption or amendment process. Such a requested
plan amendment shall be considered in the legislative proceedings
on the refinement plan or special area study. A refinement plan or
special area study adoption or amendment process is "planned" if
i t i s scheduled an an adopted work program of the planning commi s-
sion to begin within six months of the plan amendment initiation
date. If the refinement plan or special area study process has not
begun within six months of the plan amendment initiation date, the
plan amendment shall be adjudicated during the next major plan
amendment process under section 9.134 of this code. The planning
director may except particular plan amendment applications from
postponement under this subsection and require mare immediate re-
view if the planning director finds that either there is a public
need for earlier consideration or that review of the proposed amend-
ment as part of a general refinement plan or special area study
adoption or amendment process will interfere with timely completion
of that process.
~3 } Whe_re_P1 an _Ameendment application i s filed . Privately-initiated
Metropolitan Plan amendment applications shall be filed in the planning
office of the home jurisdiction. A proposed Metropolitan P1 an amendment that
particularly affects land within the Eugene urban growth boundary shall be
filed only with the planning director of the City of Eugene.
9,122 Metro Plan - Preliminary Review of Privately-initiated Amendment.
~ 1 } P_rel im_i nary __revi ew fee. An applicant for a Metropol i tan Plan
amendment shall pay a preliminary review fee at the time of filing the appli-
cation. The fee shall be an amount set by the city manager under section
2.020 of this code.
~2} Com 1 eteness review. The planning director shall determine i f
the plan amendment application i s complete. The director shal 1 advise the
applicant within ~5 days of the filing of the application of any needed infor-
mation to complete the application. The applicant shall have 30 days there-
after to complete the application. Any application that is not complete with-
in that time shall be denied by the planning director.
~3} Classification of Plan amendment. Within five days after the
filing of a complete application for a Metropolitan Plan amendment, the
planning director shall determine if the requested amendment is a major plan
amendment, a minor plan amendment or a plan update amendment and if the re-
quested amendment i s quasi -judicial ar legislative i n nature. The determi na-
tion of the planning director shall be in writing and shall be mailed to the
applicant.
4 A ea o c ass~ficat~o _
~ } _pp __ ______ ' n determination. An applicant may
appeal a classification decision of ~~~~the planning director by f i 1 i ng a com-
Ordinance - 3
plated appeal form with the city within ten days of the time the applicant
receives the written decision. The appeal shall be heard by the Metropolitan
Policy Committee within 20 days of the time the appeal is filed. The Metro-
politan Policy Committee shall allow the applicant and the planning director
the opportunity to present oral and written arguments on the appeal. The
committee shall render a decision on the appeal within 30 days of the time the
appeal is filed. The decision of the committee is final.
~5} Effect of classification determination. If the plan amendment
is determined to be a major plan amendment, it shall be considered under the
procedures set forth i n section 9.134 of this code. If the plan amendment i s
determined to be a mi nor p1 an amendment, i t shall be ref erred under section
9.124 of this code. The classification of a plan amendment as quasi-judicial
or legislative affects the type of process used to consider the amendment.
9.124 Metro Plan - Referral of Plan Amendment. A mi nor plan amendment
initiated by the city counci] or applied for by a person shall be
referred to the City of Springfield and Lane County governing bodies for con-
sideration. The referral shall occur within ten days of the plan amendment
initiation date. The referral jurisdictions shall have 30 days from the
date of referral to determine if the propased amendment substantively affects
their jurisdiction. If a referral jurisdiction issues a written finding that
the proposed amendment substantively affects land uses within its jurisdic-
tion, the approval of the governing body of that jurisdiction shall be re-
quired in order to adopt a plan amendment. Failure of a jurisdiction to take
action on the referral within 30 days shat 1 be deemed a f i ndi ng of no sub-
stantive effect. A jurisdiction need not make a finding of substantive
effect to be included in the decisional process if the property which is the
subject of the amendment request is within the territory aver which the jur-
isdiction exercises governmental authority. If bath referral jurisdictions
adapt written findings of substantive effect, the amendment shall be classi-
fied as a major plan amendment and the provisions of section 9.134 of this
code apply.
9.126 Metro Plan - P1 an Amendment A l ication Fee. After referral res-
ponses have been received by the home jurisdiction and after any
classification decision by the planning director or the Metropolitan Policy
Committee, an applicant for a pri vately-initiated plan amendment shat l pay an
application fee in an amount set by the city manager under section 2.020 of
this code. The application fee shall differ depending upon whether the re-
quested amendment is minor or major. An applicant shall be entitled to a
credit against the application fee of any amount previously paid as a permit
processing fee for the application under section 9.1221} of this code. No
application shall be processed further until the application fee is paid.
9.128 Metro Pl an-_Approva~___of Plan Amendment.
~1} Who must approve pl„an .,amendment. In order to become effective,
a minor plan amendment must~be approved~~~by the governing body of the home jur-
i sdi cti on and by the governing body of any other jurisdiction which i s sub-
stantively affected by the proposed amendment. A major plan amendment and a
plan update amendment must be approved by the governing bodies of the City of
Ordinance - 4
Eugene, City of Springfield, and Lane County.
2 C_r_t_eri a or a royal of,., ,,.,..,.,.,..,...,_..
~ } _ __pp ,, , p1 an amendment. The following cri -
teria shall be applied by the city council in approving or denying a plan
amendment application or initiation ;
~a} The amendment must be consistent with the relevant state-
wide planning goals adopted by the Land Conservation and Development
Commission;
fib} Adoption of the amendment must not make the Metropolitan
Plan internally inconsistent; and,
~c} The amendment is not a plan update amendment, unless the
amendment has been initiated by the goverening bodies of the city
of Eugene, city of Springfield, and Lane County under section 9.120
~1}~c} of this code. In determining whether a plan amendment is a
p1 an update amendment, the city council is not bound by the deter-
mination of the planning director or Metropolitan Policy Committee
made under section 9.122 of this code.
9,130 Metro Plan - Plan Amendment A royal Process Sin le Jurisdiction .
~1} When sin le 'urisdiction rocess is used. The following pro-
cess shall be used to approve minor plan amendments when the City of Eugene
is the home jurisdiction and no other jurisdiction is substantively affected
by the proposed amendment.
~2} Plannin commission consideration. Within S5 days of the plan
amendment initiation, the planning commission shall hold a public hearing to
consider the proposed amendment. At least twenty days before the hearing,
notice of the hearing shall be published in a local newspaper of general cir-
cul ati on and mai 1 ed to the applicant, the owners and occupants of properties
that are the subject of the proposed amendment, persons who have requested
notice, and property owners of record of property 1 acated within 304 feet of
the subject property. The content of the notice, timing of the staff report,
and conduct of the hearing on the amendment shall be as required by this code
and state law. The planning commission sha11 review the proposed amendment
and receive evidence and testimony on whether the proposed change can be jus-
tified under the approval criteria. Within 30 days following the public hear-
ing and close of the evidentiary record, the planning commission shall adapt
a written recommendation on the proposed amendment. The recommendation shall
contain findings and conclusions on whether the proposal ar a math f i ed pro-
posal meets the approval criteria.
~3} City council deci„soon. Within 30 days after planning commis-
si on action on the proposed plan amendment, the city counci 1 shat 1 hold a
public hearing to consider arguments on the proposal . The plan amendment
decision shall be based solely on the evidentiary record created before the
planning commission. No new evidence shall be allowed at the hearing before
the city council. Within 30 days of the public hearing, the city council
shall approve, modify and approve, or deny the proposed amendment. The
council shall take this action by ordinance with adapted findings and conclu-
sions on whether the proposal or a modified proposal meets the approval cri-
teria. The action of the city council is final.
9.132 Metro Plan - Plan Amendment A royal Process Two Jurisdictions .
~1} When two 'urisdictians rocess is used. The fallowing pro-
Ordinance - 5
cess shall be used to approve minor p1 an amendments when the City of Eugene
is the home jurisdiction and one other jurisdiction is substantively affected
by the proposed amendment. This process shall also be used when another jur-
isdiction is the home jurisdiction and the City of Eugene is substantively
affected by the proposed amendment.
~2} Planning commission consideration. Within 85 days of the plan
amendment initiation date the planning commission of the home jurisdiction
shat i hold a publ i c hearing an the proposed amendment. If feasible, a joi nt
public hearing of the planning commissions of the home jurisdiction and of the
referral jurisdiction shall be held within that time. if a joint hearing is
not held, the planning commission of the referral jurisdiction need not hold
a public hearing on the amendment. ~f the referral jurisdiction planning
commission does take action on the amendment, it may rely on the record of
the home jurisdiction planning commission to support that action. If a joint
hearing is conducted, both planning commissions shall take action on the
amendment. The provisions of section 9.1302} of this code apply to the home
jurisdiction or joint planning commission hearing and decision on a proposed
plan amendment. ~f the planning commissions are not able to reach an iden-
tical recommendation on a plan amendment proposal or if any planning commis-
sion fails to make a recommendation within the time deadline, the proposal
shall be referred to a committee of planning commissioners from all three
jurisdictions. The referral shall occur within five days after the last
planning commission takes action on the proposal, or no later than X05 days
after the plan amendment initiation date where a planning commission fails
tv act. Within 20 days after this referral, the committee shall issue a
report to the governing bodies vn the proposal which may contain a recom-
mended action.
~3} Governing^body action. Within 60 days of the date the home
jurisdiction planning commission acts on the plan amendment, the governing
bodies of the home jurisdiction and the referral jurisdiction may hold a joint
public hearing on the proposed amendment to consider arguments on the pro-
posal . Consideration of the proposed plan amendment shal l be based on the
p1 ann i ng commission evidentiary record. No new evidence shal 1 be al 1 owed at
the governing body hearing ar hearings. If a joint hearing cannot be held
within 60 days, a hearing shall be held within that time before the home jur-
isdiction governing body. If a joint hearing is not held, the governing body
of the referral jurisdiction does not need to hold a public hearing on the
amendment, Within 30 days of the joint public hearing or the home jurisdic-
tion governing body hearing, the governing bodies shall approve, modify and
approve, or deny the proposed amendment. Each of the governing bodies shall
take action by ordinance, with adapted findings and conclusions an whether
the proposal or modified proposal meets the approval criteria. The actions
of the governing bodies are final i f i dent i cal actions are taken . The date
the last governing body acts shall be the time the decision becomes final.
~4} Conflict resolution process. if the governing bodies do not
enact identical decisions on-the plan amendment, or if either or both bodies
fail to act within the prescribed time period, the plan amendment shall be
referred to the Metropolitan Policy Committee. The referral shall occur five
days after the last governing body action, or, if either or both governing
bodies fail to act, 35 days after the date of the joint hearing or the home
jurisdiction governing body hearing. The Metropolitan Pot i cy Committee shal 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 per-
Ordinance - 6
sons. The committee may develop a recommendation to the governing bodies on
the proposed amendment. The plan amendment shall be denied if the committee
fails tv act within 40 days of the referral date or if both governing bodies
fail to adopt identical plan amendment actions within 20 days of receiving a
recommendation from the committee.
~a} If the p1 an amendment is denied because of lack of con-
sensus or committee inaction, the planning director of the home
jurisdiction shall issue a Beni al decision on the amendment con-
taining findings and conclusions on why the proposed amendment
does not meet the approval criteria. Those findings and conclu-
s i ons may incorporate findings and cancl us i ans previously adopted
by one of the governing bodies.
fib} The denial decision of the planning director shall issue
no later than 60 days from the time the proposed amendment is re-
ferred to the committee, The decision of the planning director is
final.
9.134 Metro Plan - Ma'ar Plan Amendment Process Three Jurisdictions .
f W en _major _p an amendme,,,,.,,,._.
~ } __ nt,process is used. The fallowing pro-
cess shall be used to consider major plan amendments. Any major plan amend-
ment initiated by a governing body or classified as a major p1 an amendment
between July 1 and December 31 shat] be considered in the major plan amend-
ment process began during the following January. Any major plan amendment
initiated or classified between January 1 and June 3o shall be considered in
the major plan amendment process began during the following July.
~2} investigation and,,.,.„e,port. No later than 3o days after the plan
~. r .
amendment initiation-date, a report on each major p1 an amendment shall be pre-
pared by the planning staff of the amendment's home jurisdiction. The report
shall be submitted to the planning commissions and mailed to affected and
interested parties at least 10 days prior to the joint public hearing on the
p1 an amendment.
~3} P1_ann~ng commission consideration. No later than 60 days after
the plan amendment initiation date, the planning commissions of the City of
Eugene, the City of Springfield and Lane County shall hold at 1 east one joint
public meeting on the major p1 an amendments to be considered. The commis-
s i ons shal 1 hold a heari ng on each quasi -judicial plan amendment during the
joint meetings} on the major plan amendments to be decided. The provisions
of section 9.1302} apply to the hearings at the joint planning commission
meeting. No later than g0 days after the plan amendment initiation date,
each planning commission shall make a recommendation to the governing bodies
on each major plan amendment proposal. If the planning commissions are not
able to reach an identical recommendation of a plan amendment proposal or if
any planning commission fails to make a recommendation within the time dead-
line, the provisions of section 9.1322} of this code on committee review
apply.
~4} Governin bodies decision. No later than 120 days after the
plan amendment initiation date, the governing bodies of the City of Eugene,
City of Springfield and Lane County shall hold at 1 east one joint public meet-
ing on the plan amendments to be considered. The governing bodies shall hold
a hearing on each quasi-judicial plan amendment during the joint meetings}
on the plan amendments tv be decided in order to allow oral argument. The
evidenci ary record for each plan amendment shal 1 be the record before the
Ordinance - l
planning commissions. No new evidence shall be considered by the governing
bodies. Within 3a days of the last public meeting, each governing body shall
approve, modify and approve, or deny each proposed plan amendment by ordi-
nance with adopted findings and conclusions an whether the proposal ar m~di-
fied proposal meets the approval criteria. The provisions of section 9.132
~4} apply if the governing bodies da not adopt identical plan amendments.
9.13fi Metro Plan - P1 an Amendment Processes; General Provisions.
~1} Process for overnment-initiated lan amendments. A different
process or timeline than the procedures and timelines specified in sections
9.13a, 9.132, or 9.134 may be established by the governing bodies for the City
of Eugene, City of~Springfield and Lane County for any government-initiated
plan amendment. The procedures for adoption of a plan update amendment shall
be established by these governing bodies on a case-by-case basis.
~2} Bar on resubmittal. No plan amendment application to the City
of Eugene shall be considered if a substantially similar or identical plan
amendment has been denied within the year prior to the application date unless
the facts forming the basis far the denial have changed so as to allow approv-
al. The planning director shall determine whether the proposed amendment is
substantially similar ar identical after providing the applicant with an
opportunity to comment vn the matter in writing.
~3} Relationshi to refinement lan amendments. An initiation by
a governing body of a Metropolitan P1 an amendment which is not consistent
with an adopted refinement plan shal ] be deemed to be an initiation of cor-
responding refinement plan amendment under section 9.139 of this code. No
final action on the refinement plan amendment shall be taken until final
action on the Metropolitan Plan amendment. Final adoption of a Metropolitan
P1 an amendment ono matter how initiated} which is not consistent with an
adopted refinement plan shall also be deemed to be an initiation of a cor-
responding refinement plan amendment under section 9.139 of this code.
~4} Se_v_er_ability ofplan_ amendment adoption actions. When identi-
cal action i s required of two or three governing bodies on a Metropol i tan Plan
amendment, and the amendment is a number of different plan changes, the
following app]ies. Unless otherwise specified in the adoption ordinance of
any of the governing bodies, action by all of the governing bodies to adopt
some but not al 1 of the plan changes shal 1 result i n the adopti an of the
changes for which there is consensus and the forwarding of only those changes
for which there is not consensus to the Metropolitan Policy Committee under
sections 9.1324} and 9.1344} of this code,
Section 3, Adoption of these revisions to the Eugene Cade, 1911 is
consistent with the provisions of the Metropolitan Area General Plan.
Section 4. The City Recorder, at the request of, or with the concur-
rence of the City Attorney, is authorized to administratively correct any ref-
erence errors contained herein, or in other provisions of the Eugene Code,
Ordinance - 8
1971, to the provisions added, amended ar repea1ed herein,
Section 5. The procedures and standards of this Ordinance shall apply
only to p1 an amendments initiated after the effective date of this ordinance.
Passed by the City Council this
29th day of October, 1990
City Recor r
Approved by the Mayor this
29th day of October, 199
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