HomeMy WebLinkAboutOrdinance No. 20440COUNCIL ORDINANCE NUMBER 20440
COUNCIL BILL NUMBER 5011
AN ORDINANCE CONCERNING TIME
EXTENSIONS FOR APPROVED DEVELOPMENTS;
AND PROVIDING AN EFFECTIVE DATE
ADOPTED: November 9, 2009
SIGNED: November 10, 2009
PASSED: 6!1
REJECTED:
OPPOSED: Brown
ABSENT: Taylor
EFFECTIVE: December 11, 2009
ORDINANCE NO. 20440
AN ORDINANCE CONCERNING TIME EXTENSIONS FOR APPROVED
DEVELOPMENTS; AND PROVIDING AN EFFECTIVE DATE.
The City Council of the City of Eugene finds that:
A. To aid economic recovery in difficult economic conditions, the City Council
wishes to be proactive and programmatic in granting a three -year extension to those unexpired
development approvals that were granted by the city after a process that included a public
notice and comment period.
B. For land use approvals that include an extended phasing plan, it is intended that
the three -year extension be applied to the current phase of development and that the time
periods for all phases be adjusted to accommodate the one -time extension granted by this
Ordinance.
NOW, THEREFORE, based on the above findings,
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1 . The legislative findings attached as Exhibit A hereto are adopted in support
of this Ordinance.
Section 2 . The expiration dates for all Type II and III land use application approvals in
effect on the date this Ordinance takes effect are hereby extended by three years. Further
extensions for these land use approvals may be sought pursuant to Chapter 9 of the Eugene
Code, 1971.
Section 3 . For any Type II or III land use application approval with an executed
performance agreement in effect on the date this Ordinance takes effect, each reference to a
specific year within in the Time Schedule section of said performance agreement (referencing a
commencement or a completion year) is hereby extended by three additional years.
Ordinance - Page 1 of 2
Section 4 . This Ordinance shall take effect pursuant to Section 32 of the Eugene
Charter 2002, or on the date of its acknowledgement as provided in ORS 197.626, whichever is
later.
Passed by the City Council this
9th day of November, 2009
i City Recorder
Approved by the Mayor this
10th day of November, 2009
�r
P~
Mayor
Ordinance - Page 2 of 2
EXHIBIT A
Findings
Land Use Application Timeline Extensions (CA 09 -5)
Eugene Code Section 9.8065 requires that the proposed ordinance comply with the following
approval criteria (in bold and italics):
(1) The amendment is consistent with applicable statewide planning goals adopted by the land
Conservation and Development Commission.
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 which insure the opportunity for
citizens to be involved in all phases of the planning process and set out requirements for such
involvement. The proposed action only extends the effective date for land use applications that have
already been approved. These approved land use applications have already undergone a codified
process that involves citizens through public comment and /or hearings and appeal processes. This
action does not amend the citizen involvement provisions included in these application processes.
The process for adopting these amendments complies with Goal 1 because it is consistent with, and
will not change the City's existing and acknowledged citizen involvement provisions.
The Planning Commission public hearing on the proposed ordinance was duly noticed to the City of
Springfield, Lane County, and all neighborhood organizations, as well as community groups and
individuals who have requested notice. In addition, notice of the public hearing was also published in the
Register Guard. The City Council then held a duly noticed public hearing to consider approval,
modification, or denial of the proposed ordinance. These processes afford ample opportunity for citizen
involvement consistent with Goal 1. Therefore, the proposed ordinance is consistent with Statewide
Planning Goal 1.
Goal -Land Use Planning. 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 basis for such
decisions and actions.
The City's acknowledged land use code specifies the procedures and criteria to be used for decisions
and actions related to land use applications. The proposed ordinance does not change the planning
process, policy framework or information relied on in making decisions and actions related to land
use applications. The ordinance extends the time that these decisions are effective once the process
has been completed and the policy framework and facts of each application have been determined
and decided.
Exhibit A: Findings - 1
The record also shows that there is an adequate factual basis for the proposed ordinance. 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 unit and when the City uses the information
obtained in the exchange to balance the needs of the citizens. To comply with the Goal 2
coordination requirement, the City engaged in an exchange about the subject of these amendments
with all of the affected governmental units. Specifically, the City provided notice of the proposed
action and opportunity to comment to Lane County, Springfield and the Department of Land
Conservation and Development.
There are no Goal 2 Exceptions required for the proposed ordinance. Therefore, it is consistent with
Statewide Planning Goal 2.
Goal 3 - Agricultural Lands To preserve agricultural lands.
The proposed ordinance does not affect any land designated for agricultural use. Therefore,
Statewide Planning Goal 3 does not apply.
Goal - Forest Lands. To conserve forest lands.
The does not affect any land designated for forest use. Therefore, Statewide Planning Goal 4 does
not apply.
Goal 5 - Open Spaces, Scenic and Historic Areas, and Natural Resources. To conserve open space and
protect natural and scenic resources.
OAR 660 - 023 - 0250(3) provides: Local governments are not required to apply Goal in consideration
of a PAPA unless the PAPA affects a Goal resource. For purposes of this section, a PAPA would affect
a Goal resource only if.-
(a) The PAPA creates or amends a resource list or a portion of an acknowledged plan or land use
regulation adopted in order to protect a significant Goal resource or to address specific
requirements of Goa15;
(b) The PAPA allows new uses that could be conflicting uses with a particular significant Goal
resource site on an acknowledged resource list; or
(c) The PAPA amends an acknowledged UGB and factual information is submitted demonstrating
that a resource site, or the impact areas of such a site, is included in the amended UGB area.
The proposed ordinance does not create or amend the City's adopted inventory of Goal 5 resources,
and does not amend any code provision adopted in order to protect a significant Goal 5 resource or
to address specific requirements of Goal 5. The proposed ordinance does not allow new uses that
could be conflicting uses with a significant Goal 5 resource site and does not amend the
acknowledged UGB. Therefore, Statewide Planning Goal 5 does not apply.
Goal -Air, Water and land Resource Quality. To maintain and improve the quality of the air, water
and land resources of the state.
Exhibit A: Findings - 2
Goal 6 addresses waste and process discharges from development, and is aimed at protecting air,
water and land from impacts from those discharges. The amendments to not affect the City's ability
to provide for clean air, water or land resources. Therefore, Statewide Planning Goal 6 does not
apply.
Goal -Areas Subject to Natural Disasters and Hazards. To protect life and property from natural
disasters and hazards.
Goal 7 requires that local government planning programs include provisions to protect people and
property from natural hazards such as floods, landslides, earthquakes and related hazards, tsunamis
and wildfires. The Goal prohibits a development in natural hazard areas without appropriate
safeguards. The ordinance does not affect the City's existing restrictions and approval criteria
regarding development in areas subject to natural disasters and hazards. The proposed action only
extends the effective date for land use applications that have already been approved. Therefore,
Statewide Planning Goal 7 does not apply.
Goal - 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 the provision of recreational facilities to Oregon citizens and is primarily concerned
with the provision of those facilities in non -urban areas of the state. The proposed ordinance does
not affect the City's provisions for recreation areas, facilities or recreational opportunities. Therefore,
Statewide Planning Goal 8 does not apply.
Goal - 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 Administrative Rule for Statewide Planning Goal 9 (OAR 660, Division 9) requires cities to
evaluate the supply and demand of commercial land relative to community economic objectives. The
Eugene Commercial Land Study (October 1992) was adopted by the City of Eugene as a refinement of
the Metro Plan, and complies with the requirements of Goal 9 and its Administrative Rule. The
amendment does not affect the amount of land designated or zoned for commercial use and will
have no direct impact on the existing supply of or any existing commercially designated land.
Goal 9 further requires cities take into account methods and devices for overcoming certain regional
conditions and deficiencies for implementing this goal, to include land use controls and ordinances.
The proposed ordinance related to timeline extensions is specifically intended help applicants
overcome economic hardships by extending the expiration period for already approved land use
applications. Therefore, to the extent applicable, the amendment is consistent with Goal 9.
Goal 10 - Housing. To provide for the housing needs of citizens of the state.
Goal 10 requires that communities plan for and maintain an inventory of buildable residential land for
needed housing units. The proposed ordinance does not impact the supply or availability of
residential lands included in the City's documented supply of "buildable land" that is available for
Exhibit A: Findings -3
residential development as inventoried in the acknowledged 1999 Residential Lands Study.
Therefore, to the extent applicable, the amendments are consistent with Statewide Planning Goal 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 fromeworkfor urban and rural development.
The proposed ordinance does not affect the City's provision of public facilities and services.
Therefore, Statewide Planning Goal 11 does not apply.
Goal 12- Transportation. To provide and encourage a safe, convenient and economic transportation
system.
Goal 12 is implemented through the Transportation Planning Rule (TPR, OAR 660 -12). TransPlan
provides the regional policy framework through which the TPR is enacted at the local level.
The proposed ordinance will not significantly affect any transportation facility. The level of
development currently permitted through existing code and zoning regulations will remain the same.
No change in the functional classification of streets will result from the proposed ordinance. In
addition, no changes are proposed to the standards that implement the functional classification
system. Therefore, the amendments are consistent with Statewide Planning Goal 12.
Goal 13 - Energy Conservation. To conserve energy.
The proposed ordinance does not affect any of the City's energy conservation measures or programs.
Therefore, Statewide Planning Goal 13 does not apply.
Goal 14 - Urbanization. To provide for an orderly and efficient transition from rural to urban land use.
The proposed ordinance does not affect the City's provisions regarding the transition of land from
rural to urban uses. Therefore, Statewide Planning Goal 14 does not apply.
Goal 15 - Willamette River Greenway. To protect, conserve, enhance and maintain the natural, scenic,
historical, agricultural, economic and recreational qualities of lands along the Willamette River as the
Willamette River Greenway.
The proposed ordinance does not include any changes that affect the regulation of areas within the
adopted Willamette River Greenway boundaries. Therefore, Statewide Planning Goal 15 does not
apply.
Goal 16 through 19 - Estuarine Resources, Coastal Shorelands, Beaches and Dunes, and Ocean
RPgnijrrpq
The proposed ordinance does not include any changes related to coastal, ocean, estuarine, or beach
and dune resources. Therefore, these goals are not relevant and the proposed ordinance will not
affect compliance with Statewide Planning Goals 16 through 19.
Exhibit A: Findings - 4
(2) The amendment is consistent with applicable provisions of the Metro Plan and applicable
adopted refinement plans.
The proposed ordinance granting timeline extensions for approved land use applications does not
include any change in adopted land use designations or policy, nor does it change any requirements
in the City's land use code concerning compliance with the Metro Plan and applicable refinement
plans. There are no policies or other applicable provisions in the Metro Plan or adopted refinement
plans that specifically serve as mandatory approval criteria in this instance or otherwise limit the
expiration period for approved land use applications. Therefore, the proposed ordinance complies
with the above criterion.
(3) The amendment is consistent with EC 9.3020 Criteria for Establishment of an S Special Area
Zone, in the case of establishment of a special area zone.
The proposed ordinance does not establish a special area zone. Therefore, this criterion does not
apply.
Exhibit A: Findings - 5