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HomeMy WebLinkAboutItem C: Adoption of Ordinances Concerning Plan Designations for River Ridge ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Action: Adoption of Ordinances Concerning the Plan Designations for the “River Ridge” Site to the Low Density Residential Designation Meeting Date: November 23, 2009 Agenda Item Number: C Department: City Manager’s Office Staff Contact: Emily Jerome www.eugene-or.gov Contact Telephone Number: 541/682-5010 ISSUE STATEMENT The entire River Ridge site is located within the urban growth boundary, with a portion located inside the City limits and a portion located outside the City limits. The City has sole jurisdiction to approve the proposed changes in Plan designation for that portion of the site located within the City limits; both the City and Lane County must approve Plan designation changes for that portion of the site located outside the City limits. On November 9, the City Council approved a single ordinance, pertaining to the entire River Ridge site (those portions inside and outside the City limits). At its next meeting, on November 16, the City Council passed a motion to reconsider the combined ordinance approved on November 9, so that staff could instead divide the proposal into two separate ordinances: one ordinance pertaining to the land within the City limits (over which the City has sole jurisdiction); and the other pertaining to the portion of the site located outside of the City limits (over which the City and County have joint jurisdiction). BACKGROUND On November 9, the City Council approved an ordinance returning the Metro Plan and Willakenzie Area Plan designations for the River Ridge site to the Low Density Residential designation. The River Ridge site is partially located within the City limits, and partially outside the City limits. In accordance with Metro Plan procedures, the City’s approval is required for the entire site (the portions located inside and outside City limits). For the portions of the site located outside of the City limits, Lane County must also approve. The City’s November 9 action passed a single ordinance that pertained to the entire site. On November 10, the Lane County Board of Commissioners held its deliberations to consider the proposal for the portion of the site located outside the City limits. The County Board postponed further consideration until February 24, 2010, with direction that the City submit a traffic study of the area. To provide the requested traffic study and to address other procedural issues, the evidentiary record would need to be reopened for that portion of the site located outside the City limits. This would require a new public notice and opportunity for additional public participation. Because the City acted through a single ordinance, the County’s actions have the consequence of impacting the entire proposal – even the area inside the City limits over which the City has sole jurisdiction. In a memo dated November 12, 2009, it was advised that, in order to ensure the effectiveness of the City Council’s November 9 action for the portion of the site located within the City limits, the council should separate its previous approval into two parts: one ordinance pertaining to the land within the City limits Z:\CMO\2009 Council Agendas\M091123\S091123C.doc (over which the City has sole jurisdiction); and the other ordinance pertaining to the portion of the site located outside of the City limits. Only the latter ordinance would be subject to the County’s eventual approval. On November 16, the council passed motions directing staff to provide the two ordinances. Attached to this AIS are the two ordinances. Attachment A pertains to the portion of the River Ridge site that is within the City limits. Attachment B pertains to the portion of the site that is located outside the City limits. The passage of these two ordinances has the same substantive effect as the council’s November 9 action. In addition to motions that would approve the two ordinances as Attachments A and B, a third motion is provided that would address the possibility that the County Board further delay or not approve the changes in Plan designation that the City has approved. This third motion would provide that the portion of the site currently located outside the City limits would automatically be designated Low Density Residential if annexed to the City. All three motions recommended by the City Manager are supported by the property owner. 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 ordinances included as Attachments A and B. 2.Adopt the ordinance as Attachment A with the proposed amendment, and adopt the ordinance as Attachment B. 3.Readopt the original ordinance included as Attachment C. CITY MANAGER’S RECOMMENDATION The City Manager recommends Option 2: Adopt the ordinance as Attachment A with the proposed amendment and adopt the ordinance as Attachment B. SUGGESTED MOTIONS 1. I move to adopt Council Bill 5017 an ordinance returning those portions of the River Ridge site that are inside the City limits to the low density residential designation contained in Attachment A. To make recommended amendment, before voting on Motion 1: 2. I move to amend the ordinance by adding a new Section 5 that states: “By operation of this Section, upon the effective date of its future annexation to the City of Eugene, the portion of the property identified as Tax Lot 304 of Assessor’s Map 17-03-07-00 as shown on the attached Exhibit E shall be automatically redesignated on the Metro Plan diagram and in the Willakenzie Area Plan to the Low Density Residential (LDR) designation.” Z:\CMO\2009 Council Agendas\M091123\S091123C.doc 3. I move to adopt Council Bill 5018, an ordinance returning those portions of the River Ridge site that are inside the City limits to the low density residential designation contained in Attachment B. ATTACHMENTS A.Council Bill 5017, Draft Ordinance and Findings (inside the City limits) B.Council Bill 5018, Draft Ordinance and Findings (outside the City limits) C.Council Bill 5016, Original / Combined Ordinance D.Exhibit E, as referenced in Motion 2. 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\M091123\S091123C.doc