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HomeMy WebLinkAboutItem 1: River Ridge Metro Plan Diagram Amendment ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Public Hearing: An Ordinance Amending the Eugene-Springfield Metro Plan Land Use Diagram; Amending the Willakenzie Area Plan Pursuant to Section 9.7750(4) of the Eugene Code, 1971; Adopting a Severability Clause; and Providing an Effective Date (River Ridge, Eugene File MA 09-3 and Lane County File PA09-5465) Meeting Date: October 27, 2009 Agenda Item Number: 1 Department: City Manager’s Office Staff Contact: Emily Jerome www.eugene-or.gov Contact Telephone Number: 541/682-5010 ISSUE STATEMENT The Eugene City Council and the Lane County Board of Commissioners will hold a joint public hearing to consider a change to the Metro Plan diagram and a conforming change to a map in the applicable refinement plan, the Willakenzie Area Plan. The subject site now has a Parks and Open Space designation in the Metro Plan and the refinement plan. The proposal, initiated by the Eugene City Council, would return the approximately 63-acre site to its original Metro Plan designation of Low Density Residential. Approval of the proposal would result in plan designations that are consistent with the site’s current R-1 Low Density Residential base zone. BACKGROUND The proposal pertains to an approximately 63-acre site located at the northwest corner of North Delta Highway and Ayres Road. Approximately 61 acres are owned by River Ridge LTD and are developed with a portion of the River Ridge Golf Course. The remaining approximately two acres are owned by Deborah and Eric Jeffries and are developed with a private residence. The subject site is located entirely within the urban growth boundary, partially within the city limits and partially within the “urban growth area” (the area between the city limits and the urban growth boundary). The proposed change would require Lane County’s approval for the portion of the site located in the urban growth area and would require Eugene’s approval for the entire site. As shown on Attachment A.1, the site is made up of: the eastern portion of tax lot 304; all of tax lot 305; and the northern portion of tax lot 306 (Tax Assessor’s map 17-03-07-00). When the Metro Plan was adopted in 1982, the subject site was designated on the land use diagram as Low Density Residential. In 1988, the site was zoned Low Density Residential. However, when the refinement plan (the Willakenzie Area Plan) was adopted in 1992, its map identified the site as Parks/Open space because most of the site was a golf course. In 2004, as part of a comprehensive package of amendments to the Metro Plan to fix inconsistencies between planning documents, the cities of Eugene and Springfield and Lane County adopted an updated Metro Plan diagram. The 2004 action changed the subject site’s Metro Plan designation from Low Density Residential to Parks and Open Space. This resulted in the site’s Metro Plan designation being consistent with the refinement plan, but inconsistent with its Low Density Residential zoning. At the urging of the property owner, on May 11, 2009, the Eugene City Council voted to initiate consideration of this proposal to return the property to the Low Density Residential Metro Plan designation. For complete consistency, the proposal also includes an automatic change in the refinement plan designation. Additional information regarding land use and zoning history was provided to the council as part of the May 11, 2009 Agenda Item Summary and is provided as part of Attachment A.3. The Eugene and Lane County Planning Commissions held a joint public hearing on August 4, 2009. In addition to information from staff, the Planning Commissions received written and/or oral testimony from: Deborah and Eric Jeffries (the property owners); Oregon Department of Land Conservation and Development (DLCD); Barbara Mitchell (on behalf of the Cal Young Neighborhood Association Executive Committee); Tom Mitchell; and Kevin Matthews (Friends of Eugene). Draft minutes and copies of the testimony are included as Attachments A.4, B and D. Much of the Planning Commissions’ deliberation related to the testimony from DLCD. See Attachment A.4. DLCD’s letter recommended approval of the proposal without the transportation-related conditions that appeared in the draft ordinance. DLCD’s letter concludes that the proposal complies with the State’s Transportation Planning Rules without the need for any conditions. After deliberations, both Planning Commissions recommended approval of the draft ordinance with the conditions (Eugene unanimously, Lane County with one dissent). However, Lane County’s motion also directed staff to request a clarification from DLCD and to provide the council and board with a response to DLCD’s clarification. DLCD’s clarification and the City Attorney’s response are attached to this Agenda Item Summary as Attachment E. In short, the City Attorney’s office believes that DLCD’s position, strenuously preferred by the property owner, could be legally defended if appealed. PROCESS Pursuant to adopted procedures, the City Council and County Board must limit their review to the evidence that was presented to the Planning Commissions, along with any arguments that are presented at the public hearing. The City Council and County Board of Commissioners cannot accept new evidence unless they first vote to use a procedure that differs from the adopted process. Staff will assist in ensuring that no new evidence is entered into the record at the public hearing. RELATED CITY POLICIES The proposal must be consistent with the Metro Plan, applicable refinement plans and the Statewide Planning Goals. These are addressed in the draft findings at Attachment A.2. COUNCIL/BOARD OPTIONS Hold a public hearing and either close the record or set a future date for record closure. CITY MANAGER’S RECOMMENDATION AND SUGGESTED MOTION No recommendation or motion is suggested for the public hearing. A recommendation and motion will be provided for Eugene City Council deliberations and action, scheduled for November 9, 2009, and Lane County Board of Commissioners deliberations and action. ATTACHMENTS A. Eugene Planning Commission Agenda and Agenda Item Summary for August 4, 2009, Public Hearing and Deliberations, with attachments: 1. Vicinity Map 2. Draft Ordinance and Findings 3. May 11, 2009 Eugene City Council Agenda Item Summary: Initiation of Metro Plan Amendment with map and land use history. 4. Letters of Public Testimony received through July 21, 2009: - From the Department of Land Conservation and Development (7/14/09) - From Deborah and Eric Jeffries (7/21/09) - From Barbara Mitchell, for Cal Young Neighborhood Association’s Executive Committee (7/18/09) B. Written Testimony received between July 21 and August 4, 2009: - From Tom Mitchell (8/4/09) - From Kevin Matthews, Friends of Eugene (8/4/09) C. Written Comments from Lane County Transportation Planning staff (Fields and Bajracharya) D. Draft Minutes of Joint Planning Commission Hearing / Deliberations on August 4, 2009 E. Clarification from Department of Land Conservation and Development (9/8/09) F. City Attorney Response (9/14/09) G. County Memorandum with draft County Ordinance and draft City Ordinance with conforming text (9/24/09) H. Written Testimony received between the August 4, 2009, Joint Planning Commissions’ Hearing and October 20, 2009 FOR MORE INFORMATION Staff Contact: Emily Jerome Telephone: 541/682-5010 Staff E-Mail: emily.n.jerome@ci.eugene.or.us