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HomeMy WebLinkAboutItem 5: Ordinance on River Ridge Metro Plan Diagram Amendment ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Action: Adoption of an Ordinance Amending the Eugene-Springfield Metropolitan Area General 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; Returning the “River Ridge” Site to the Low Density Residential Designation (River Ridge, Eugene File MA 09-3 and Lane County file PA09-5465) Meeting Date: November 9, 2009 Agenda Item Number: 5 Department: City Manager’s Office Staff Contact: Emily Jerome www.eugene-or.gov Contact Telephone Number: 541/682-5010 ISSUE STATEMENT The City Council is scheduled to take action on 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 (“the River Ridge 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 River Ridge 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. The entire River Ridge site is located within the urban growth boundary, with a portion located outside of the City limits. BACKGROUND On May 11, 2009, the Eugene City Council voted to initiate the proposed action. To approve the proposal, the City Council must adopt an ordinance amending the Metro Plan and Willakenzie Area Refinement Plan land use diagrams. In addition to the City’s approval, approval is required from the Lane County Board of Commissioners for that portion of the River Ridge site that is located outside of the city limits. After holding a joint public hearing and deliberations, the Eugene and Lane County Planning Commissions both recommended approval of the amendments to the Metro Plan and Willakenzie Area Refinement Plan land use diagrams. On October 27, 2009, the Eugene City Council and Lane County Board of Commissioners held a joint public hearing. At the October 27 public hearing, six individuals testified (one in favor and five in opposition). Written testimony was also submitted at the public hearing and is included as Attachment C. The public hearing and record were closed on that date. The board is scheduled to take action on November 10, 2009. The packet for the public hearing included a draft ordinance and findings approving the requested Metro Plan amendment with a condition that would require, prior to the approval of any land division or site review application for the property, the applicant must demonstrate that the proposed development is consistent with the State Transportation Planning Rule (TPR). This state transportation rule demonstration would be in addition to applicable requirements of the Traffic Impact Analysis Review in the Eugene City Code. The Oregon Department of Land Conservation and Development (DLCD), the Z:\CMO\2009 Council Agendas\M091109\S0911095.doc agency that authors and administers the state transportation rule, submitted a letter to the City and a further explanation that recommends the City Council approve the proposal, but without the proposed condition. DLCD concludes that the proposal complies with the state transportation rule without the need for any conditions. The correspondence from DLCD was included as an attachment to the October 27, 2009, AIS. Based on the recommendations from DLCD, staff has prepared a revised ordinance and findings that do not include the transportation-related conditions. These are included as Attachment A. The City Manager recommends that the City Council adopt this revised ordinance and findings, provided in Attachment A. Following the public hearing, City Councilors and Board of Commissioners asked questions of City and County staff regarding the history of the site and potential transportation impacts. Two questions required follow-up research from staff: 1. Councilor Clark asked if the City imposed a TPR condition in 2007 when a similarly-situated area east of the fairgrounds was returned to its former Metro Plan designation of Low Density Residential. The 2007 Metro Plan diagram amendment was also initiated by the City to address a situation arising from the same 2004 Metro Plan Housekeeping Amendments that created the current issue for the River Ridge site. With respect to the fairgrounds area, the 2004 Metro Plan Housekeeping Amendments had changed the Metro Plan designation from Low Density Residential to the more dense Medium Density Residential designation. In 2007, the City Council returned that area’s Metro Plan designation to Low Density Residential and also changed the refinement plan so that the area had consistent low density residential refinement plan and Metro Plan designations. The Goal 12 findings in support of the 2006 action indicate that the change was consistent with the TPR, without the need for a condition requiring a future demonstration because the 2007 action returned the area to a lower density and, therefore, the amendments could only result in a decrease in traffic, reducing potential impacts to transportation facilities in the area. [Note: this response is based on Ordinance No. 20380, of which the City Council may take official notice.] 2. Councilor Zelenka requested that staff provide background regarding the public involvement in the decision to designate the River Ridge site for Parks and Open Space when the Willakenzie Refinement Plan was adopted in 1992. As detailed in the adopting ordinance and the introduction of the plan itself, the Willakenzie Area Plan underwent a robust planning process, beginning with the formation of a planning team (which included residents, property owners and business representatives within the plan area). The process also included notification to all residents and property owners within the plan area at several points, and numerous opportunities for public participation and input. There is no indication, however, of the attention that was paid to the designation of the River Ridge site. The plan text states that its diagram was intended to represent the “general future land use patterns that are desired for the Willakenzie area” but, in listing the factors that formed the basis for the diagram, the first factor is “the type of development that already exists in the area.” At that time, the River Ridge site was developed with a golf course. It is also worth noting that, in the Plan Implementation chapter, it provides: “It is intended that this plan will be a dynamic document that will reflect the changing needs and desires of the people who live and work in the Z:\CMO\2009 Council Agendas\M091109\S0911095.doc Willakenzie area. This can occur in a limited fashion though individual plan amendments, but the entire plan will need to be periodically reviewed and updated.” [Note: this response is based on text from the Willakenzie Area Plan which is included in the record for this matter and, of which the City Council may take official notice.] A full copy of all materials in the record is available at the City of Eugene Permit and Information th Center at 99 West 10 Avenue. Pursuant to the Metro Plan, City Code and County Code, the City Council and County Board must limit their review of this matter to the evidence that was presented to the Planning Commissions, along with any argument (but no new evidence) presented at the council / board public hearing. This restriction on testimony was made clear in the public notice for the October 27 hearing. Consistent with rules of the Oregon Land Use Board of Appeals, the council and board must specifically reject any new evidence presented to it. New evidence was included in the testimony offered by one participant. A motion is provided, below, for the rejection of that testimony. RELATED CITY POLICIES The proposal must be consistent with the Metro Plan, applicable refinement plans and the Statewide Planning Goals. COUNCIL OPTIONS The City Council may consider the following options: 1.Adopt the ordinance included as Attachment A, as recommended by the City Manager. 2.Adopt the ordinance with specific modifications as determined by the City Council. 3.Take no action with respect to the ordinance. CITY MANAGER’S RECOMMENDATION Based on the recommendation from the Department of Land Conservation and Development, the City Manager recommends that the City Council adopt the alternative ordinance and findings in Attachment A, approving the proposed Metro Plan and refinement plan amendments without conditions of approval. SUGGESTED MOTIONS Move to reject a portion of the testimony submitted by Anne Simas (Attachment C.4.), specifically, reject the last paragraph on page 1 of that testimony and the table on page 3 of that testimony, labeled “Informal Traffic Survey of North Delta Highway at Ayres Road.” Move to adopt the ordinance and findings returning the “River Ridge” site to the low density residential designation contained in Attachment A to today’s Agenda Item Summary. ATTACHMENTS A.Draft Ordinance A and Findings (does not include TPR condition) B.Draft Ordinance B and Findings (includes TPR condition) Z:\CMO\2009 Council Agendas\M091109\S0911095.doc C.Written Testimony received at October 27, 2009, Public Hearing, submitted by: 1. Deborah Jeffries 2. Barbara Mitchell, for Cal Young Neighborhood Association Executive Committee 3. Tom Mitchell 4. Ann Simas 5. Donald Gudehus FOR MORE INFORMATION Staff Contact: Emily Jerome Telephone: 541/682-5010 Staff E-Mail: emily.n.jerome@ci.eugene.or.us Z:\CMO\2009 Council Agendas\M091109\S0911095.doc