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HomeMy WebLinkAboutOrdinance No. 19459ORDINANCE N0. 1~~~ AN ORDINANCE CONCERNING AMENDMENTS TD THE METROPOLITAN AREA GENERAL PLAN; ADDING SECTIONS 9.120, 9.122, 9,124 9 126 9.12$, 9.130, 9.132, 9.134, AND 9.136 TO THE EUGENE CODE 197 • , 1, AND DECLARING AN EMERGENCY. THE CITY OF EUGENE DOES ORDAIN AS .FOLLOWS:. Section 1. A caption, and Sections 9.120, 9.122 9.124 9.126 9 .128, 9.130, 9.132, 9.134, and 9.136 are added to the Eu ene Code 197 9 1, to read and provide: Metropolitan Area General P1 an Amendment Procedures 9.120 Metro P1 an - Pur ose. The Metro olitan Area Gener p a1 Plan ~ Pl an } requires that c~t~zen ~n7t~ated Plan amendments sha11 be considered on a semi -annual basis i n years between P1 an Updates. P1 an amendm be made in accordance ents shall with the standards contained in Chapter IV of the Plan and the provisions of this Ordinance. 9.122 Metro Plan -Initiation. ,~1} A proposed amendment to the Metro olitan Area Gener may be ~ n ~ t i ated ~ p al PI an by the Planning Camm~ss~an or the City Council at an tim If a proposed Plan amendment would be c ~ y e' 1 as s ~ f ~ ed . as a Plat Update ~ n accord - ance with the cr~ter~a ~n the section titled Plan Amendment Cat ' the concurrence of all ~ egor~es, then three governing bodes shall be required for the ro- posed Plan amendment to be considered, p ~2} An individual requesting an amendment to the Plan ' which affects the E Diagram ugene corporate limits or Urban Growth Boundary shall file, such an amendment with the Planning De artment of the ci textual ch ~ p ty; A proposed ange not affecting the allowed uses far a spec~f~c ro ert or r of properties may be initiated thro p p y g °Up ugh a request to either the Eugene Plannin Department or the planning departments of Lane Co g field, unty ar the City of Spring- 9.124 Metro Plan - Plan Amendment Cate cries. Proposed Plan amendments f ~ 1 ed w~ th the Pl ann~ ng Department shall be l aced i three cote ories b ~ P nto one of g y the Eugene P1ann~ng D~rectar, Minor P1 an Amendment' Ma o Plan Amendment; or Plan U date. The c1 as ' ' ~ r t P .sif~cat~on of a proposed Plan amend- mer ~ .shall be determ~ ned by the appl ~ cats on of the fol l awi • ng standards. ~a}, Minor~Plan Amendment. A proposed Plan amendment sh be classif ~ ~ ~ all ied as minor if ~t. Ordinance - 1 1. Does not change the Urban Growth Boundary ar the Plan Boundary; and 2. Does not require changes to the P1 an Diagram which involve more than 15 acres; and 3. Does not create a substantial inconsistency between the P1 an and an existing refinement plan; and . •4. Does not appear to raise substantial goal issues, requ~ re a goal excepts on or involve the application of State- w~de Planning Goal #5 conflict resolution process, fib} Ma 'or P1 an Amendment. A proposed Plan amendment shal l be classified as major if it: 1. Changes the Urban Growth Boundary or the Plan Boun-~ dory; or 2. Requires a redesignation of land in excess of 15 acres; or 3. Creates a substantia] inconsistency between the Plan and an existing refinement plan ; ar 4. Necessitates another P1 an amendment to maintain internal plan consistency, or a State-wide Planning Goal #2 Exception to maintain goal compliance; and the work involved ~n addressing the proposed amendment is not complex; and would not require a substanti al diversion of budgeted pl ann i n re- sources from the g approved work programs of affected City departments. ~c} Plan U date. The processing of a proposed P1 an amendment shall be postponed unti 1 the next regularly scheduled P1 an U date if the ro osed amendme P p p nt: 1. Changes the fundamental principles or policies con- - tamed in Chapter ~~ of the Plan; or 2. Necessitates substantial plan amendments to maintain internal Plan consistency, ar State-wise P1 ann i ng Goal #2 . Exception to maintain goal compliance; or 3. The work involved in addressing the pro osed amend4 ment is com ' ~ p • plex or would require a substantial diversion of budgeted planning resources from the approved work ro rams . of affected p g City departments; or 4. Is premature for consideration because of other re- 1 ated Plan studies i n progress or because of a schedul ed Plan update. 9.126 Metro Plan ~ Application. ~1} Submission Procedure. An application far a plan amendment filed with the Planning Department shall be submitted on a form res ' b the ~ p cr~bed y , P1ann~ng Director and accompanied by anon-refundable de asit set b the Cat Council to hel coo P y y p er the cost of categorizing the amendment. ~2} Preliminar Submission Date. A11 applications for lan amend- ments, exce t those submitted P P , by one of the three metropolitan governments, steal l be subm~ tted on or before the first Monday i n December or June of each year. ~3} Com l eteness Check and Amendment Cl assi f' ' nation. Appl~cat~ons for plan amendments shall be reviewed for com leteness b the Planni meet withi ~ P . y ng Depart- n two weeks of subm~ss~on. During this period, the ra osed tan P P p Ordinance - ~ amendment will also be classified by the Planning Director as a minor amend- ment, major amendment, or placed in a P1 an Update category. ~4} Pa meet of Fee. The applicant shall pay a fee a ro ri ate to~ the c1 assn f 7 cats on of the ~ pp p proposed plan amendment as established by the City Council. No application shall be accepted or processed further riot to the a meat of this fee. p py ~5~ Return of incom lete A lications. Applications found to be incomplete shall not be accepted and shall be returned b the Plannin De r - ment within t ~ ~ ~ y , g . pa t wo weeks of their submTSS~on date with a detailed list of ~n- structions regarding the nature of the deficiency~s} and how it ma be car- t' rected . 45~ ~ Final Acceptance Date. Al 1 applications must be verified as complete, including payment of fee, ~by the final acce tance date of the first Manila i ~ p ~ . y n January or July, whichever date ~s appropriate. A l~cat~ons not found to be com lete b t pp . p y, he aforementioned dates shall not be processed further during that processing period. ~1} Resubmission Barred for One Year. Applications considered and denied by the Eugene City Council, Springfield Cit Council or the Board of Com ' Y Lane County m~ssioners, shall not be resubmitted within one year from their dates of original submission. 9. X28 Metro P1 an - A eat of P1 an Amendment C1 assi f i cati on . ~1~ Decisions concerning the classification of a ro osed Plan amendment b the lannin d' p, p y .p g ~rectar may be appealed by an applicant to the Metropol Stan Policy Committee, Appeals shall be submitted on a for scr~ bed by the 1 anni n director ~ m pre- p g and accompanied by a fee set by the city council . ~ 2 ~ Appeals of P1 an amendment classifications must be made to Plannin De artmen the 9 p t w~th~n seven days of the final acceptance date. ~3~ The Metropolitan Policy Committee shall hear a eals of amendment cl s pp plan a s~f~cat~ons w~th~n z1 days of the final acce tance date. The Metro olitan Po1ic Commit p p , .y , tee shall decide al 1 appeals of plan amendment classif~cat~ons w~th~n 3o days of the final acce tance date. T ' of th ~ p he dec~s~on e Metropolitan Policy Committee shall be based on whether in its - ment the amendme Judg nt ~s m~nar, mayor, or a plan update item, 9.~3a Metro P1 an - Investi ation and Re ort. The Plannin g Department shall investigate the facts pertaining to an acce ted a licatio prepare a re ort and subm' ~ ~ p pP, ,nf P ~. ~t ~t to the Planning Commission for cons~derat~on pr~ar to the public hearing an the application. A co of the re ort sh be mailed or ' ~ ,pt', P all delivered to the applicant at the time ~t ~s delivered to the Planning Commission. 9.13 Metro P1 an - Public Hearin Procedure. ~1~ MAPAC Review. Plan amendments shall politan Area Planning Advisory Committee within 10 once date. MAPAC may make, a recommendation to the Wing commissions. ~2~ P~anninc~,,C,omm,ission Review. Within acceptance date, the Planning Commission shat] hold be referred to the Metro- days of the final accept- three metropolitan plan- 45 days of the final a public hearing to con- Ordinance - 3 sider the proposed amendment. When possible, the Planning Commission shat 1 3o~n the Spr~ngf~eld Planning Commission and the Lane County Planning Com- mission in a joint public hearing on the proposed Plan amendments. The Planning Commission shall review the application and receive pertinent evi- dence and testimony as to why or how the proposed change is consistent with the cr~ter~a required for approval. Within thirty days following the public hearing, the Planning Commmission shall recommend to the elected officials approval, approval with modifications, or denial of the application with written findings and conclusions based on the required decision criteria. ~3} Staff Re art on Non-consensus Plan Amendments. Those P1 an amendments for which there is no consensus by the three metropolitan lan- e Wing commissions shall be referred for further analysis to a committee cam-~ posed of planning staff from each of the three metropolitan jurisdictions. Coordinated by L-CCG, the committee shall forward the recommendations of the three commissions and shall make a recommendation concerning each of these Plan amendments to the governing bodies of the three metropolitan jurisdic- tions either prior to or at the public hearing. ~4} Governin Bad Review. Within 3o days after the last plannin g commission recommendation, the Eugene C~ ty Counc~ 1 shall conduct a ubl i c p hearing an the application, including the Planning Commission's recommenda- tion. When possible, the City Council shall join the Springfield Cit Council and the Lane Count ~ ~ y y Board of Camm~ss~oners ~n a 3a~nt public hearing on the proposed Plan amendments . The Eugene City Counci 1 shall make a deci si an wi th- ~ n th ~ rty days of the hearing to approve, modify and approve, or den the y amendment. ~5} Re-consideration of Non-consensus Plan Amendments. Plan amend- ments far which there is no consensus at the elected officials level shall be referred to the Metropolitan Policy Committee within 10 days after the last --- elected body takes action. The MPC shall review the testimon staff re arts and actions of the e y' p ' lected officials. Within 20 days of referral, MPC shall forward a recommendation back to the elected officials to a rove modif and pP ~ y approve, or deny the plan amendments. Any amendments not acted on b MPC within 20 da s of the re y y • f erral shall be cans i dered denied . Any amendment the elected officials are unable to reach consensus and act on within 3o da s after MPC has reviewed sh ~ y all also be cons ~ dered den ~ ed . 9.134 Metro Plan - Public Hearin Notice. ~1} Notice of a proposed amendment to the Metropolitan P1 an shall be published, at least 10 days in advance of the tannin commission ublic hearin p g P g, ~n a newspaper of general circulation. Said notice shall contain: • ~a} A.brief description of the proposed P1 an amendment and a map ~nd~cat~ng the general location of any proposed diagram chan es. b The ti g ~ } me, date and place of the public hearing. ~c} Disclosure of any deadlines far the submittal of written materials prior to the hearing. td} Identification of which body wi l l conduct the hearin . . 9 fie} Where to receive more ~nformat~on. ~Z} Notice of a proposed amendment to the Metro olitan P1 an shall be mailed at 1e p ast 1a days.~n advance of the planning commission public hear- ing to: ~a} The applicant. ~ b} The owner ~ s } and occupants of any property that i s the - -~ ordinance - 4 subject of a proposed diagram amendment, ~c} Others who have requested notice. . ~3} .Notice of a proposed amendment to the Metropolitan Plan shall be mailed at least 10 days ~n advance of the City Council public hearing tv; ~a} The applicant. fib} Others who requested notice. . 9.I35 Metro Plan -Decision Criteria, In order to enact a Plan amendment adoption by all three governing bodies of an identical version of the proposed Plan amendment will be necessary. A decision on a pro osed lan amendment shall incl d p p u e written f~nd~ngs of fact and conclusions of law and be based on the following criteria; .~ ~a} The Plan amendment is consistent with applicable State- w~de P1 ann~ng Goals; and fib} The Plan amendment is consistent with the fundamental pry nc~ pl es and applicable poi i ci es of the Metro P1 an; and ~c} The Plan amendment i s found to address one or mare of the following; ~. An error in the publication of the Plan; or _ 2. Circumstances have changed in a substantial manner that was not anticipated in the Plan; or 3. ~ncorporti on into the P1 an, following acknowl edg- ment, of newly inventoried material which relates to a State- wide Goal. Section Z. That the matters contained herein concern the ublic wel- p fare and safety and therefore, an emergency is hereby declared to exist and this Ordinance shall become effective immediately u on its assa e b the p p g y City Council and approval by the Mayor. Passed by th.e City Counci l thi s ~3th d y of A ril ~ X987 ~ ~ ~ /. City R~co~'der Approved by the Mayor this day April ~ lgg~ ay Ordinance - 5 Attachment 1 (Metro Plan Amendments), Attachment 2 (`Q' Street Refinement Plan Metro Plan Amendments),. and Attachment 3 (Area of Proposed Plan Amendment) are not attached; they are on file and available by written request to the Eugene City Recorder's Office.