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HomeMy WebLinkAboutOrdinance No. 20362 ORDINANCE NO. 20362 AN ORDINANCE REPEALING RESOLUTION NO. 4127 AND THE EUGENE PARKS AND RECREATION PLAN ADOPTED THEREIN; AMENDING SECTION 9.8010 OF THE EUGENE CODE, 1971; REPEALING SECTION 9.9550 OF THAT CODE; AND ADOPTING A SEVERABiliTY CLAUSE. The City Council of the City of Eugene finds that: A. Portions of the current Eugene Parks and Recreation Plan ("1989 Plan") were adopted by Resolution No. 4127 on July 10, 1989 as a refinement to the Eugene- Springfield Metropolitan Area General Plan (Metro Plan). B. As part of the land use code update process, the City incorporated some of its adopted refinement plan polices into Chapter 9 to be used in evaluating applicable adopted plan policies pertaining to subdivisions, partitions and site review. The 1989 Plan policies that were added to Chapter 9 are set forth at EC 9.9550. C. Although they are now in the code, the 1989 Plan polices incorporated in EC 9.9550 have no practical effect on subdivision, partitions or site review applications either because the policies apply only to the City and have no impact on land use applicants or because the policies are already addressed by specific land use application requirements. Deleting the 1989 Plan policies from EC 9.9550 will have no practical effect except to eliminate the current redundancy and clarify the requirements for developers. D. By separate Resolution, the City Council is adopting the Parks, Recreation and Open Space Comprehensive Plan ("PROS Comprehensive Plan.) to provide long- range direction for future strategies and actions to improve parks, provide recreation opportunities, and protect natural resource values. The. PROS Comprehensive Plan will not be a refinement to the Metro Plan, but will be a stand-alone plan serving as an aspirational and guiding document for the City as it conducts long-range planning for parks, recreation and open space. E. Neither the Statewide Planning Goals nor the Metro Plan require that the City's local parks and recreation plan be adopted as a refinement to the Metro Plan. Thus, repealing the 1989 Plan and the corresponding code provisions set forth at EC 9.9550 of the Eugene Code, 1971 is consistent with applicable Statewide Planning Goals and applicable provisions of the Metro Plan. Further, the City Council's separate action of adopting the PROS Comprehensive Plan by resolution is supported by findings of consistency with the statewide planning goals and the applicable Metro Plan policies. Attachment A to this ordinance is a copy of the findings proposed for adoption in support of Resolution No. 4858 adopting the PROS Comprehensive Plan. Ordinance - 1 F. The City Council finds that Resolution No. 4127, and the Eugene Parks and Recreation Plan adopted therein should be repealed; the entry for Eugene Parks and Recreation Plan - 1989 in Section 9.8010 of the Eugene Code, 1971 should be deleted; and Section 9.9550 of the Eugene Code, 1971, the Eugene Parks and Recreation Policies, should be repealed as hereinafter set forth. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Based on the above findings, and the legislative findings in Attachment A hereto, which are hereby adopted in support of this Ordinance, Resolution No. 4127, and the Eugene Parks and Recreation Plan adopted therein, is hereby repealed, as of the effective date of this Ordinance. Section 2. Table 9.8010 of the Eugene Code, 1971 is hereby amended by deleting the "Eugene Parks and Recreation Plan - 1989" entry therefrom. Section 3. Section 9.9550 of the Eugene Code, 1971, is hereby repealed. Section 4. The City Recorder, at the request of, or with the concurrence of the City Attorney, is authorized to administratively correct any reference errors contained herein or in other provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein. Section 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. Passed by the City Council this 13th day of February, 2006 Approved by the Mayor this tt IS' day of February 2006 ~ ;, ! '"' , \ .~ C. Y Recorder Ordinance - 2 Exhibit A to Resolution No. 4858 (1) The resolution is consistent with the Statewide planning goals. 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. The City has acknowledged provisions for citizen involvement that ensure the opportunity for citizens to be involved in all phases of the planning process and sets out requirements for such involvement. The action taken to adopt this resolution 1 did not amend the citizen involvement program. Throughout the PROS Comprehensive Plan drafting process, the City provided numerous opportunities for citizen involvement. The City initiated the planning process in the summer of 2002. The City engaged in significant outreach to community members to identify their key issues, priorities and perceived needs. A Community Needs Assessment was conducted to solicit feedback from a broad spectrum of City residents and staff regarding their needs and preferences for parks and recreation services. The Community Needs Assessment included, among other things, a survey of 437 households, questionnaires completed by 647 high school and middle school students, focus groups, a speakers bureau with 44 presentations to community groups and organizations, twelve stakeholder interviews with identified community leaders, and meetings with the Mayor's Advisory Committee and Steering Committee. The Community Needs Assessment incorporated the findings from a variety of public involvement activities, along with a community profile, a demographic profile, and a technical analysis of programs, parks and facilities, and finances. City staff, through the PROS Comprehensive Plan drafting process, provided the Eugene Planning Commission and the Eugene City Council with periodic updates on the draft Plan. For example, in December 8, 2004, City staff provided the City Council with a draft of the PROS Comprehensive Plan and gave an informational presentation the Council. Additionally, on January 24, 2005, City staff provided the Planning Commission with a draft of PROS Comprehensive Plan and gave an informational presentation to the Commission. The City of Eugene land use code implements Statewide Planning Goal 1 by requiring that notice of the proposed PROS Comprehensive Plan be given and public hearings be held prior to adoption. Consideration of this resolution began with a Eugene Planning Commission works session held on October 10, 2005. On October 11, 2005, a public hearing was held before the Eugene Planning Commission on the proposed PROS Comprehensive Plan. Department of Land Conservation and Development notice, notice to interested parties and newspaper publication was provided for that hearing. The Eugene Planning Commission left the public record open for additional written comments until October 17, 2005. On December 12, 2005, the City Council held a 1 The term "this resolution" refers to the resolution that adopts the PROS Comprehensive Plan. Exhibit A to Resolution No. 4858 1 of 10 public hearing on the PROS Comprehensive Plan. The process for adopting this resolution complies with Goal 1 since it complies with, and surpasses the requirements of the State's citizen involvement provisions. Goal 2 - Land Use Plannina: To establish a land use planning process and policy framework as a basis for all decisions and actions related to use of land and to assure an adequate factual base for such decisions and actions. The Eugene-Springfield Metropolitan Area General Plan (Metro Plan) is the policy tool that provides a basis for decision-making in this area. The Metro Plan was acknowledged by the State in 1982 to be in compliance with statewide planning goals. These findings and record show that there is an adequate factual base for decisions to be made concerning the proposed resolution. Goal 2 requires that plans be coordinated with the plans of affected governmental units and that opportunities be provided for review and comment by affected governmental units. The Goal 2 coordination requirement is met when the City engages in an exchange, or invites such an exchange, between the City and any affected governmental unity and when the City uses the information obtained in the exchange to balance the needs of the citizens. Because the PROS Comprehensive Plan does not regulate when or how park land will be acquired, but rather is an aspirational plan that sets forth the needs of the community and strategies for satisfying those needs, no other governmental units are affected by this resolution. Even though no other governmental units are affected by this resolution, in an effort to educate neighboring jurisdictions about the PROS Comprehensive Plan, the City took steps to provide neighboring jurisdictions an opportunity to comment on the proposed PROS Comprehensive Plan. Specifically, in accordance with the Metro Plan, notice and a copy of the proposed PROS Comprehensive Plan was mailed to the Planning Directors of Springfield and Lane County. Additionally, on September 27, 2005, City staff met with the Lane County Board of Commissioners to provide the Board information regarding the PROS Comprehensive Plan. In response to concerns raised by some of the Commissioners, the City made a number of revisions to the PROS Comprehensive Plan. On November 1, 2005, City staff met with the Lane County Planning Commission to provide the Commission with information regarding the PROS Comprehensive Plan. There are no Goal 2 exceptions required for this resolution. Goal 3 - Aaricultural Land: To preselVe and maintain agricultural lands. Goal 3 is not applicable to this resolution as the PROS Comprehensive Plan does not affect any agricultural land designation. The PROS Comprehensive Plan identifies the park and recreational needs of City residents and sets forth strategies for meeting the identified needs. The PROS Comprehensive Plan does not acquire, rezone or regulate any land inside or outside the acknowledged urban growth boundary. Therefore, Goal 3 is not relevant and the resolution does not affect the area's compliance with Statewide Exhibit A to Resolution No. 4858 2 of 10 - - - - - - - - ---~ =-------- - - - - - - - - _-------=---- - - I Planning Goal 3. Goal 4 - Forest Land: To conserve forest lands by maintaining the forest land base and to protect the state's forest economy. Goal 4 is not applicable to this resolution as the PROS Comprehensive Plan does not affect any forest plan designation. The PROS Comprehensive Plan identifies the park and recreational needs of City residents and sets forth strategies for meeting the identified needs. The PROS Comprehensive Plan does not acquire, rezone or regulate any land inside or outside the acknowledged urban growth boundary. Therefore, Goal 4 is not relevant and the resolution does not affect the area's compliance with Statewide Planning Goal 4. Goal 5 - Open Soaces. Scenic and Historic Areas. and Natural Resources: To protect natural resources and conselVe scenic and historical areas and open spaces. The adoption of this resolution does not create or amend the City's list of Goal 5 resources, does not amend a code provision adopted in order to protect a significant Goal 5 resource or to address specific requirements of Goal 5, does not allow new uses that could be conflicting with a Goal 5 resource and does not amend the acknowledged UGB. Therefore, Goal 5 does not apply. Goal 6 - Air. Water and Land Resources Quality: To maintain and improve the quality of the air, water, and land resources of the state. Goal 6 addresses waste and process discharges from development, and is aimed at protecting air, water and land from impacts from those discharges. Adoption of this resolution does not affect the City's compliance with Goal 6. Goal 7 - Areas Subiect to Natural Disasters and Hazards: To protect people and property from natural hazards. Goal 7 requires that local government planning programs include provisions to protect people and property from natural hazards such as land slides. This resolution does not affect the City's restrictions on development in areas subject to natural disasters and hazards. Further, this resolution does not allow for new development that could result in a natural hazards. Therefore, Goal 7 does not apply. Goal 8 - Recreational Needs: To satisfy the recreational needs of the citizens of the state and visitors and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. Goal 8 ensures provision of recreation facilities to Oregon citizens and is primarily concerned with the provision of those facilities in non-urban areas of the state. Implementation of the strategies set forth in the PROS Comprehensive Plan will satisfy the recreational needs of the residents of Eugene area in adequate proportions and in Exhibit A to Resolution No. 4858 3 of 10 such quantity, quality and location as is consistent with the availability of the resources to meet those needs. Adoption of this resolution is consistent with Goal 8. Goal 9 - Economic Development: To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. The PROS Comprehensive Plan does not have a direct impact on economic activities. It does not change the zoning, designation or allowed uses on any properties. While the PROS Comprehensive Plan does include strategies to provide of a certain amount of park acreage per 1 ,000 residents and identifies the need to acquire property for park use, it does not rezone any property for park use. Thus, the PROS Comprehensive Plan has no effect on the inventories of industrial or commercial lands. Therefore, the resolution is consistent with Goal 9. Goal 10 - Housina: To provide for the housing needs of the citizens of the state. Goal 10 requires that communities plan for and maintain an inventory of buildable residential land for needed housing units. This resolution does not have a direct impact on residential development opportunities. The PROS Comprehensive Plan does not change the zoning, designation or allowed uses on any properties. While the PROS Comprehensive Plan does include strategies to provide a certain amount of park acreage per 1 ,000 residents and identifies the need to acquire property for park use, it does not rezone any property for park use. Thus, the PROS Comprehensive Plan has no effect on the inventories of residential lands. Therefore, the resolution is consistent with Goal 1 O. In ensuring an adequate supply of residential land in the 1999 Residential Lands Study (this area's acknowledged Goal 10 inventory), the jurisdictions took into account that numerous nonresidential uses, including parks, would locate on residential land. Parks are specifically discussed in the 1999 Residential Lands Study as a use that would need to be accommodated on residentially designated lands. In determining the amount of land that would be needed to satisfy a 20-year demand, the Study assumed that 32 percent of residential land would be used for parks and other nonresidential uses. This is discussed on page 47 of the Eugene-Springfield Metropolitan Area Residential Lands and Housing Study Draft Supply and Demand Technical Analysis (adopted as findings by the City in support of its 1999 action). The table on page 48 of that document, summarizing the supply and demand analysis through the year 2015, show that the jurisdictions did not count a total of 6,031 acres from the overall total of buildable residential lands to ensure that, without counting those 6,031 acres set aside for parks and other nonresidential uses, the area still could meet the demand for residential lands. Exhibit A to Resolution No. 4858 4 of 10 Goal 11 - Public Facilities and Services: To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. The provisions of this resolution do not affect the planning or development of future public facilities or services. Therefore, this resolution is consistent with Goal 11. Goal 12 - TransDortation: To provide and encourage a safe, convenient and economic transporlation system. Goal 12 is implemented through the Transportation Planning Rule (TPR). The Eugene- Springfield Metropolitan Area Transportation Plan (TransPlan) provides the regional policy framework through which the TPR is enacted at the local level. The Transportation Planning Rule (OAR 660-012-0060) states that land use changes that significantly affect a transportation facility shall require mitigation measures to address the anticipated impacts. The rule states that: (1) Amendments to functional plans, acknowledged comprehensive plans, and land use regulations which significantly affect a transportation facility shall assure that allowed land uses are consistent with the identified function, capacity, and performance standards (e.g. level of service, volume to capacity ration etc.) of the facility. This shall be accomplished by either: (a) Limiting allowed land uses to be consistent with the planned function, capacity, and performance standards of the transportation facility; (b) Amending the TSP to provide transportation facilities to support the proposed land uses consistent with the requirements of this division; (c) Altering land use designations, densities, or design requirements to reduce demand for automobile travel and meet travel needs through other modes; or (d) Amending the TSP to modify the planned function, capacity and performance standards, as needed, to accept greater motor vehicle congestion to promote mixed use, pedestrian-friendly development where multi modal travel choices are provided. (2) A plan or land use regulation amendment significantly affects a transportation facility if it: (a) Changes the functional classification of an existing or planned transportation facility; (b) Changes standards implementing a functional classification system; (c) Allows types or levels of land uses which would result in levels of travel or access which are inconsistent with the functional classification of a transportation facility; or Exhibit A to Resolution No. 4858 5 of 10 - - ---- - - - - - - - - - - - - - - - - - - - -- - - -- -- - - - __ - - - - - - - __ - - - - - - __ - - - - - - - - - _0- _ _ _ ___ _ __ _ _ _ __ -- - - -- -- - -~ ~- ~- - - -- - . (d) Would reduce the performance standards of the facility below the minimum acceptable level identified in the TSP~ Adoption of the resolution will not change the functional classification of an existing or planned transportation facility. Nor will it change standards implementing a functional classification system. Further, it will not allow types or levels of land uses which would result in levels of travel or access which are inconsistent with the functional classification of a transportation facility or reduce the performance standards of any facility. Therefore, Goal 12 is not implicated by this resolution. Goal 13 - Enerov Conservation: To conserve energy. This resolution does not concern energy conservation. Therefore, Goal 13 does not apply. Goal 14 - Urbanization: To provide for an orderly and efficient transition from rural to urban land use~ Goal 14 does not apply to the City's adoption of this resolution Goal 15 - Willamette River Greenwav: To protect, conselVe, enhance and maintain the natural, scenic, historical, agricultural, economic and recreational qualities of lands along the Willamette River as the Willamette River Greenway. The Willamette Greenway area within the Eugene Urban Growth Boundary is governed by existing local provisions which have been acknowledged as complying with Goal 15. Those provisions are unchanged by this resolution. Goal 16 throuah 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 effected by this resolution. Therefore, these goals are not relevant and the resolution will not affect compliance with Goals 16 through 19. (2) The resolution is consistent with the applicable provisions of the Metro Plan. Parks and Recreation Facilities Element 1 ~ Develop a system of regional-metropolitan recreational activity areas based on a facilities plan for the metropolitan area that includes acquisition, development, and management programs. The Plan should include reseIVoir and hill parks, the Willamette River Greenway, and other river corridors. In June, 2003, the cities of Eugene and Springfield and Lane County adopted Rivers to Ridges, a metropolitan regional parks and open space study. Rivers to Exhibit A to Resolution No. 4858 6 of 10 Ridges was developed based on extensive public input with an intended purpose of setting forth what open space areas are vital to maintaining the regional quality of life and devising methods to ensure these areas remain intact for future generation. The PROS Comprehensive Plan does not amend Rivers to Ridges. The PROS Comprehensive Plan contains the following strategies that ensure consistency with Rivers to Ridges while also addressing this Metro Plan policy: H-22 Continue participating in regional open space efforts with Rivers to Ridges partner agencies. 1-11 Coordinate planning efforts with other City departments and regional agencies, especially in support of the Rivers to Ridges region vision. 1-13 Maintain a regional planning approach by coordinating with Oregon State Parks, River Road Park and Recreation District, Willamalane Park and Recreation District, Lane County Parks and other neighboring jurisdictions. 1-22 Work with Lane County and property owners of local gravel mining operations located north of Eugene's urban growth boundary along the Willamette and McKenzie Rivers, to explore the recreation potential of those sites once mining operations are concluded. 2" Local parks and recreation plans and analyses shall be prepared by each jurisdiction and coordinated on a metropolitan level. In 1989 the City adopted the Eugene Parks and Recreation Plan as the City's local park and recreation plan. The PROS Comprehensive Plan, being adopted by the proposed resolution, take the place of the 1989 Plan as the City's local park and recreation plan. 3. Accelerate the acquisition of park land in projected growth areas by establishing guidelines determining where and when developers will be requires to dedicate land for park and recreation facilities, or money in lieu thereof, to serve their developments. The PROS Comprehensive Plan contains the following strategies that address this Metro Plan policy: 8-40 Acquire property or obtain access easements from private property owners to fill missing Jinks and improve connectivity. H-2 Develop programs to maximize donations, grants and partnerships to increase the resources available for parks and recreation. Develop gift catalogs for key parks, recreation, and open space facilities and programs. Exhibit A to Resolution No. 4858 7 of 10 - - - - - - - - - - ~ ~ -- - - -- - - --- =-- - ---= -----= - - ------- _ __ _ _ _ _ _ _ __ _ _ _ _ _ _= -= _ =-- _ __ __----=--=-----=___=__ ------= r =-__---=- .__ - - - -~~ - - - --. - ---- . H-17 Pursue and maintain effective partnerships with public, private, and non- profit organizations to acquire, develop, and maintain parks, open space, and recreation facilities. 1-20 Coordinate with developers to ensure that new residents will have access to and be adequately served by parks and open space. 1-23 Acquire parkland and natural open space in advance of need to reduce land acquisition costs and to protect critical resources. 1-24 Identify and pursue opportunities with willing sellers as the preferred approach when evaluating parkland and natural open space acquisition options. Consider willingness of seller as a key criterion when prioritizing acquisition opportunities. 1-26 Ensure that the City's acquisition program provides a balance of natural areas and developed parks for active recreation consistent with community values. 4. Encourage the development of private recreation facilities. The PROS Comprehensive Plan contains the following strategies that address this Metro Plan policy: A-16 Increase outreach to community groups and other organizations that support seniors, such as assisted-living facilities and faith groups. A-23 Explore partnerships to expand outdoor recreation activities and programs that promote environmental awareness, volunteerism, and stewardship, including options that are affordable. A-37 Partner/collaborate with resident companies and other cultural venues to provide cultural opportunities. C-2 Develop and maintain partnerships to increase access to recreation facilities owned or managed by others. C-27 Develop partnerships with gardening and horticultural clubs, such as the Master Gardeners, the Hardy Plan Society, the Native Plant Society, and the Rhododendron and Rose Societies, to enhance existing gardens and to provide additional botanical gardens. H-12 Pursue local business sponsors to subsidize fees for high-cost programs, such as through an "Adopt-a-Program" effort. Exhibit A to Resolution No. 4858 8 of 10 H-16 Partner with businesses to provide services and amenities, such as vendors in parks. H-17 Pursue and maintain effective partnerships with public, private, and non- profit organizations to acquire, develop, and maintain parks, open space, and recreation facilities. Develop mechanisms and processes by which residents of an area to be served by a neighborhood park or play lot can participate in the design, development, and maintenance of the facility. The PROS Comprehensive Plan contains the following strategies that address this Metro Plan policy: B-7 Prepare master plans for parkland and facilities prior to development, major improvement, or renovation to promote cohesive, quality design and to ensure plans are consistent with community needs. D-10 Develop and maintain an interested parties list for natural resource issues related to parks, recreation, and open space, and schedule periodic workshops for feedback on issues, programs, and improvements. F-1 Develop or update park designs or master plans before making significant improvements to the site. G-17 Continue facilitating and encouraging the formation of adopt-a-park groups for each park and facility. G-21 Provide public information to educate the community about parks maintenance issues and benefits, such as invasive species, vandalism, play area safety, native plants, etc. Partner with neighborhood associations. 1-34 Balance long-term, community-wide interest with the interests of neighborhoods and individuals when planning and designing the City's park, recreation and open space system. 1-70 Continue involving citizens in park design and development, as well as in program development from the earliest possible stage. 1-71 Increase innovative strategies to improve citizen involvement in parks and open space planning efforts, such s teleconferences, electronic on-line chat rooms, child care at meetings, and partnerships with schools. Exhibit A to Resolution No. 4858 9 of 1 0 6, All metropolitan area parks and recreation programs and districts shall cooperate to the greatest possible extent in the acquisition of public and private funds to supporl their operations. Chapter V of the PROS Comprehensive Plan describes potential funding sources for the Plan improvements. The Plan identifies both public and private funding sources. The identified public funding sources include: general fund, road fund, stormwater & wastewater fees, and wetlands mitigation bank funds. The identified private funding sources include: local option levy, private grants and foundations, public/private partnerships, and fees and charges. Additionally, the following funding sources were identified for capital expenses: system development charges, donations, local improvement district, general obligation bond, public/government grant programs, Intermodal Surface Transportation Efficiency Act, local government grants, urban forestry grants, Oregon Watershed Enhancement Board, land trusts, Nation Tree Trust, lifetime estates and property exchanges. Additionally, the PROS Comprehensive Plan contains the following strategies that address this Metro Plan policy: 8-24 Coordinate long range planning of neighborhood parks with Eugene School District 4J and Bethel School District 52, particularly with regard to school consolidations, land disposal, or new school developments as school facilities often function as focal points for neighborhood recreation. 8-33 Work with the River Road Park and Recreation District in long-range planning to continue to meet community park needs in this area. E-16 Coordinate with other agencies and providers to encourage the development of a regional trail system linking Eugene/Springfield with Fern Ridge Reservoir, the coast, the Cascades, and the Willamette and McKenzie Rivers. Provide bicycle and pedestrian access through agricultural areas in the Willow Creek, Bethel/Danebo, and Santa Clara planning areas of Eugene. H-14 I mprove partnerships with River Road Parks and Recreation District, School Districts 4J and 52, Lane Transit District, EWES, Willamalane Parks and Recreation District, Lane County Parks and other public agencies to improve service and maximize efficiency. Exhibit A to Resolution No. 4858 10 of 1 0