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HomeMy WebLinkAboutOrdinance No. 19499ORDINANCE N0, 19499 AN ORDINANCE CONCERNING REFINEMENT PLAN AMENDMENT PRO- CEDURES; AND ADDING SECTIONS 9.138, 9.139, 9.140, 9.141, 9.142, 9.143, 9.144, 9.145, 9.146, 9.147, AND 9.148 TO THE EUGENE CODE, 1971, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. A caption, and Sections 9.138, 9.39, 9.140, 9.141, 9.142, 9.143, 9.144, 9.145, 9.146, 9.147, and 9.148 are added to the Eugene Code, 1971, to provide: REFINEMENT PLAN Amendment Procedures 9.138 Refinement Plan - Amendments. ~1} Amendments to a refinement plan may be needed because of changes in adopted municipal policies or community circumstances, or in order to implement a general plan provision. Amendments to refinement plans made outside of mayor update processes shall be adopted in accordance with the procedures of sections 9.139 to 9.148. ~2} As used in sections 9.138 to 9.148: ~a} "Refinement plan" means a comprehensive land use plan for a discrete part of the geographic area regulated by the Metro- pol itan Area General P1 an. "Refinement plan" includes sped al area studies and those refinement plans and special area studies listed i n the Metropal i tan Area General P1 an . fib} "Major refinement plan amendment" is one which signifi- cantly ,changes or amends key pri nci p1 es or policies i n the plan, necess~ totes substantial plan amendments to maintain internal plan consistency, requires significant factual or policy analysis so as to substantially alter approved work programs of affected city departments, ar is premature because of other related plan studies, amendments, or updates in progress. All other amendments are "minor refinement plan amendments". 9.139 Refinement Plan - Initiation of Amendments. Amendments to an adopted refinement plan may be initiated by: ~a} Action of the planning commission or city council on its own motion, or at the request of any person in the manner set forth in section 9.142; or fib} Application of any qualified person if the refinement plan amendment is minor and after investigation and review in the manner set forth in section 9.141. Ordinance - 1 9.140 Refinement Plan - Pre-a lication Review. ~ 1 } Prior to the f i 1 i ng of an application for a ref i nement plan amendment, the planning commission shall determine if the proposed amendment is a major or minor refinement plan amendment. If the proposed amendment is a major amendment, it can only be initiated by the planning commission or city council. Minor amendments may be initiated under section 9.141. ~2} A person seeking such a determination shall file a written re- quest with the planning department. Within five days of filing the planning department shall mail notice of the request to affected neighborhood rou s . . g P~ } The notice shall sol~c~t written comments resulting from a neighborhood rou meetin . The re uest wi ~ ~ ~ g • p g q •11 be reviewed and classified by the planning comm~s- s~on within 45 days of its f~l~ng. ~3} In determining whether the amendment is a major refinement plan amendment as defined by section 9.1382}fib}, the commission may consider the number of acres affected by the amendment, and the effect of the amendment on the provision of public services and facilities. ~4} Written notice of the commission's action shall be mailed to the applicant and the ne~ghbvrhvod groups} the day after the commission takes action on the request. The decision of the commissian is final. Any ap li- cation far a refinement 1 p pan amendment must be submitted within 90 days of the planning commission's decision. 9.141 Refinement Plan - A lication Process for Privatel Initiated Amendments. An application for a minor refinement plan amendment shall only be considered when; ~a} The commission has classified i t as a mi nar refinement plan amendment no more than 90 days prior to the date the a lica- tion is filed pp ,fib} It is submitted with the required fee set in the manner provided by law; and ~c} It is accompanied by the consent of a minimum of 15 er- p cent of the owners of property affected by the amendment if a specific geographic diagram change is sought. 9.142 Refinement Plan - Cit Initiated Amendments. ~1} Major or minor refinement plan amendments may be initiated by an adopted motion of the planning commission or city council at an time. • y ~2} Such an ~nit~at~on may be at the request of any member of the commissian or council, the staff, or by any other person. ~3} A person may officially request acity-initiated plan amend- ment by consul t~ ng w~ th and filing a wri tten request with the 1 anni n de- artment. The p g p p1 ann~ ng department shall ~ nvest~ gate matters relevant to the request, prepare a report, and submit the report to the planning commission. A copy of the report shall be mai 1 ed or delivered to the person re uesti n the amendment an q g d the affected neighborhood groups} at the same time ~t is delivered to the commission. The planning commission need not hold a ublic heari n on the re uest ~ • • p 9 q The comm~ss~on shall decide whether to ~n~t~ate the request based on the guidelines set out in subsection ~4} below. A decision by the commission not to initiate a requested amendment is final. • ~4} The planning commission and council shall consider the followY Ong guidelines ~n determining whether the city should initiate an amendment Ordinance - 2 to a refinement plan: ~a} There is an urgent need to consider the amendment in advance of the time it would normally be considered; and fib} The p1 an amendment wi 11 address one of the following: ~. New or amended policies set forth in a state statute, regulation, planning goal or state agency land use plan; or 2. New or amended city policies or recommendations that have a direct relationship to the refinement plan; or 3. A community-wide need based on direct and ascer- tainable community benefits occasioned by the plan change; and, ~c} Such other considerations as the council or commission may deem appropriate. The council or commission may refuse to in~t~ate a plan amendment for any reason. 9.143 Refinement Plan -Notice of Hearin on Initiated Amendments. ~1} •At least•30 days before the planning commission public hear- ~ng on an initiated refinement plan amendment, the planning department shall mail nonce of the request and the date of the public hearing to; ~a} The applicant. ~ b} Affected neighborhood group ~ s } and any affected city boards and commissions. ~c} Owners and occupants of properties that are the subject of a proposed amendment to a Land Use Diagram, and to property owners and occupants within 400 feet of the perimeter of the sub- ject property. ~d} The Lane County and City of Springfield planning directors, • ~2} At least ten days prior to the planning commission public hearing, the planning department shall post at least three notices of the nature of any proposed amendments to a Land Use Diagram within 400 feet of the subject property. . ~3} At least ten days prior to the planning commission ublic P hearing, nonce prominently descr~b~ng and dep~ct~ng the ro osed amendment and st t' ~ p p a Ong the time and place of the public hearing shall be published in a newspaper of general circulation within the city. 9.144 Refinement P1 an - Investi ation and Re ort. The plannin de art- ment sh i1 • g p a investigate the facts pertaining to the refinement plan amendment,.prepare a report, and submit it to the planning commission for consideration prior to the public hearing. At the same time, copies of the report shall be mailed or delivered to persons entitled to written notice of the hearing. COpi es wi 11 also be oval 1 abl a for other interested arti es at the lann~n d p p g epartment and at the public hearing. 9.145 Refinement Plan ,..,,- Publ,i,c He„ari ng. ~ 1 ~ Un~l~ess ~~the app~~i cant agrees to a l onger time frame within 45 days of receipt of a complete and accurate a lication the lann~n commis- pp ~ p 9 sion shall hold a public hearing to consider the proposed amendment. A city- Ordinance - 3 initiated amendment shall be considered by the commission within 6o days of the date of initiation, unless the commission provides for a longer time. ~~} ,The planning commission shall review the proposed amendment and receive evidence, and decide whether the proposed change is consistent with the following approval criteria: ~a} The p1 an amendment is consistent with the Metropolitan Area General P1 an; fib} The plan amendment is consistent with remaining portions of the refinement plan; and ~c} The plan amendment is found to address one ar more of the following: 1. An error in the publication of the plan; 2. A change of circumstances~in a substantial manner not anticipated in the plan; 3 . Incorporation into the plan of new inventory mater- ial which relates to a statewide goal; or 4. A change in public policy. 9.146 Refinement P1 an - Plannin Commission Recommendation, ~1} .Unless a postponement is agreed to by the applicant, within 3o days following the public hearing the planning commission shall recommend to the city council approval, or approval with modification, or shall den the lan amendment with w ' ~ y p. ~ rotten findings and conclusions based vn the appro- al criteria ~n subsection 9.1452}. ~2} On the day after the planning commission decision, the plan- n~ng department shall ma~1 a copy of the decision to the applicant, affected neighborhood groups}, and parties who have requested a copy. ~3} Unless appealed, the planning commission's decision to deny an amendment is final on the eleventh day after it is rendered. 9.147 Refinement P1 an - A eat; Council Action on Denied Amendments. ,~1} The applicant, an adversely affected party, or a party entit- l ed to wry tten nonce may appeal the commission's .denial of an amendment to the.city council. An appeal must be commenced by filing a complete and suf- f ~ c ~ ent not ~ ce of appeal with the planning department within ten 10 da s of , ~ } y the comm~ss~an s dec~s~on. The nonce of appeal shall be on a tannin de- P g partment form and must state specifically how the planning commission failed ~~. ~, to make a decision consistent with the a royal criteria. The ' pp planning de- partment shall provide the council with the notice of appeal and the record before the commission. ~2} Unless the appellant agrees to a longer time frame, the council shall hold a public hearing on the appeal within 45 days of filin of a notice of a eat. ~ ~ .g pp At least ten days prior to the hearing the planning department shall mail nonce of the hearing to the applicant, ap e1lant and P persons who requested notice of the commission decision. ~3} Unless the appel 1 ant agrees to a 1 anger time frame, the counci 1 shall make a decision within 3a days of the hearing. The council may affirm reverse, or modify the planning commission's decision. ' Ordinance - 4 9.148 Refinement Plan - Council Review and Decision on A roved Amendments ~1} Within 45 days of the planning commission's recommendation to approve an amendment, unless a longer time frame is agreed to by the person or entity initiating the amendment, the city council shall conduct a public hearing on the planning commission's recommendation. At least ten days prior to the council hearing, the planning department shall mail written notice of the hearing to the app]icant, affected neighborhood groups}, and parties who requested notice of the planning commission's decisian. ~z} The council shall make a decision within 34 days of the hear- ~ng, unless a longer time frame is agreed to by the person or entity initiat- ~ng the amendment. The council may approve, modify. and approve, or deny the amendment. ~3} Applications considered and denied by the commission or council sha11 not be resubmitted within one year from the date of denial. Passed by the City Council this 28th day of September, 1987 ty Recorder Approved by the Mayar this 28th day/,~~8'eptember, X1987 Mayo Drdinance - 5