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HomeMy WebLinkAboutOrdinance No. 20511COUNCIL ORDINANCE NO. 20511 COUNCIL BILL NO. 5067 AN ORDINANCE AMENDING THE EUGENE - SPRINGFIELD METROPOLITAN AREA GENERAL PLAN (METRO PLAN) BY ADOPTING A NEW METRO PLAN BOUNDARY THAT IS COTERMINOUS WITH THE CITY OF SPRINGFIELD URBAN GROWTH BOUNDARY EAST OF INTERSTATE 5; ADOPTING SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE. ADOPTED: May 28, 2013 SIGNED: May 31, 2013 PASSED: 6:2 REJECTED: OPPOSED: Brown, Taylor ABSENT: EFFECTIVE; Pursuant to Section 6 of this Ordinance 17?�M ''FIRTIR1 1111301 1 J 1 ': !111 A. Chapter IV of the Eugene-Springfield Metropolitan Area General Plan (Metro Plan) sets forth procedures for amendment of the Metro Plan, which for the City of Eugene are implemented • Chapter • of the Eugene Code, 1971. C. On February 9, 201 the Board of County Commissioners of Lane County directed the Land Management Division to initiate an amendment to the Metro Plan to modify the plan boundary east of Interstate 5 so that it is coterminous with the City of Springfield Urban Growth Boundary. D. The proposal was reviewed at a joint public hearing with the Lane County "lanning Commission, the City • Springfield Planning Commission and the City • Eugem Planning Commission on July 19, 201 and August 16, 201 E. The proposal was also reviewed at a joint public hearing with elected officials of Lane County, the City of Springfield and the City of Eugene on March 13, 2012. F. On March 18, 2013, the City of Springfield adopted Ordinance No. 6288, which contains substantially identical provisions to those described in Sections 1 through 3 of thiz� Ordinance. G. Evidence exists in the record indicating that the proposal meets the requirements of the Eugene-Springfield Metropolitan Area General Plan, the Eugene Code, and applicable state law. the Metro Plan boundary; this Ordinance does not have any effect on plan designations that apply to properties within the current or new Metro Plan boundary and no previously adopted land use designations shall be affected • this Ordinance. Section 2. The Metro Plan — official Plan Boundary Map, depicted in Section 11-G pages 19 and 20 • the Metro Plan and contained in Exhibit C to this Ordinance is hereby repealed and replaced with the amended Plan Diagram Map contained in Exhibit D attached 2nd incorporated herein, to reflect a new Metro Plan boundary that is coterminous with the City itif Springfield Urban Growth Boundary east • Interstate 5. Section 3. The prior policies and plan designations repealed • changed by this Ordinance remain in full force and effect to authorize prosecution of persons in violation thereof prior to the effective date of this Ordinance. Section 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such section shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 5. Although not part of this Ordinance, the Eugene City Council adopts findings and conclusions in support • this action as set forth in Exhibit E attached and incorporated here by this reference. Section 6. Notwithstanding the effective date of ordinances as provided in the EugenA Charter • 2002, this Ordinance shall become effective 30 days from the date • passage by ft-� City Council and approval by the Mayor, or upon the date the Springfield City Council and the Lane County Board • Commissioners have adopted substantially identical ordinances containing provisions as described in Sections 1 through 3 of this Ordinance, whichever is later. day of AL 2013. ta :� Al 2,Lt City Recorder N 0 7,000 Feet The information on this map was derived from digital databases on Lane Council of Govemments'regional geographic information system. Care was taken in the creation of this map, but it is provided "as is LCOG cannot accept any responsibility for errors, omissions, or positional accuracy in the digital data or the underlying records. Current plan designation, zoning, etc., for specific parcels should be confirmed with the appropriate governmental entity - Eugene, Springfield, or Lane County -with responsibility for planning and development of the parcel. There are no warranties, express or implied, accompanying this product. However, notification of any errors will be appreciated. �a 4 1! a N 0 7,000 Feet The information on this map was derived from digital databases on Lane Council of Govemments'regional geographic information system. Care was taken in the creation of this map, but it is provided "as is LCOG cannot accept any responsibility for errors, omissions, or positional accuracy in the digital data or the underlying records. Current plan designation, zoning, etc., for specific parcels should be confirmed with the appropriate governmental entity - Eugene, Springfield, or Lane County -with responsibility for planning and development of the parcel. There are no warranties, express or implied, accompanying this product. However, notification of any errors will be appreciated. 1 Overlays: Major Retail Center Parks and Open Space Rural Industrial ._ ® Mixetl USe Areas ®Heavy Industrial Natural Resource 10 Airport Reserve . Nodal Development Area rg Willamette Greenway t EN avers "ersc�,+ro `� _ 04/12711 r�au+EUa �eee�_ e 1x17 SCALE © VALID A T 1 ONLY e h � a °a m r �� _ .��•✓r' / eriYHSaglae aL ijif 3attinvE ? _ € - � � �ti. ♦j y w 70s 0 7,000 ft The information on this map was derived from digital databases on Lane Council of Governments' regional — geographic information system. Care was taken in the creation of this map, but it is provided "as is ". LCOG cannot accept any responsibility for errors, omissions, or positional accuracy m the digital data „ or the underlying records. Current plan designation, omng, etc„ for specific parcels should be co�mted with the appropriate governmental entity - Eugene, Springfield, or Lane County - with responsibility for planning and development of the parcel. There are no _ warranties, express or implied, accompanying this product. However, notification of any errors will be appreciated. -nosed Changes T To: E EXHIB B Metropolitan 3 General Plan Diagram i o - C Che premtion and purpose P1m Iliagram, an d descriptions DGB E El Low Density Residential S Special Heavy Industrial E] Sand and Gravel - M Metro Plan Boundary M Medium Density Residential L Light Medium Industrial Agriculture Cotermmous UGB /Metro Plan Boundary High Density Residential ® ® Campus Industrial ® Forest Land ia�ror, oar U - ) o ee (East of 15) Nodal D eve l o p men t - University Research Rural Residential ® Commercial G Government& Education ® Rural Commercial s ® Rivers and Ponds 3attinvE ? _ € - � � �ti. ♦j y w 70s 0 7,000 ft The information on this map was derived from digital databases on Lane Council of Governments' regional — geographic information system. Care was taken in the creation of this map, but it is provided "as is ". LCOG cannot accept any responsibility for errors, omissions, or positional accuracy m the digital data „ or the underlying records. Current plan designation, omng, etc„ for specific parcels should be co�mted with the appropriate governmental entity - Eugene, Springfield, or Lane County - with responsibility for planning and development of the parcel. There are no _ warranties, express or implied, accompanying this product. However, notification of any errors will be appreciated. er�onw pq seaco°oAE ®.®PI b him iii. LIN 1 :05 IMI Od "_9;03 � w 0 7000 ft ' The information on this map was derived from digital databases on Lane Council of Governments' regional geographic information system. Care was taken in the creation of this map, but it is provided "'as is ". LCOG cannot accept any responsibility for errors, omissions, or positional accuracy in the digital data i e __oe__ „ o or the underlying records. Current plan designation, { zoning, etc., for specific parcels should be confirmed \\ with the appropriate agency. There are no warranties, express or implied, accompanying this product How- ever, notification of any errors will be appreciated. v �� MN\ 5 N All 0 7,000 ft The information on [his map was dem ed @om digital databases on Lane Council of Governments' regional ••,,, � geographic informaUOn system. Care was taken in the creation of this map, but it is provided as is ". LCOG cannot accept any responsibility for errors, omissions, or positional accuracy in the digital data s or the underlying records. Current plan designation, 7 '� !f zoning, etc., for specific paroals should be confirmed 9 r with the appropriate governmental entity - Eugene, .......... d Springfield, or Lane County - with responsibility for planning and development of the parcel. There me no warranties, express or implied, accompanying this product. However, notification of any errors will be appreciated. EXHIBIT The following criteria analysisis categorized by Plan Document and Sections identified in bold, followed by staffs findings. The elected officials of Eugene and Springfield may limit their review the criteria solely related to LC Ch. 12, the Metro Plan and the Statewide Planning Goals, Administrative Rules and Statues. APPLICABLE LANE CODE CH. 16.400 RURAL COMPREHENSIVE PLAN AMENDMENT CRITERIA (6) Plan Adoption or Amendment — General Procedures. The Rural Comprehensive Plan, or any component of such Plan, shall be adopted or amended in accordance with the following procedures: Findingl: This Plan Amendment proposal was initiated by Land Management Division staff at the direction of the Lane County Board of County Commissioners (BCC) as a high priority item in the adopted 2011 Long Range Planning Program. Therefore, Lane County is the applicant in this case. An amendment to the official Metro Plan diagram and boundary maps to modi the Metro Plan boundary east of Interstate 5 so that the resultant boundary is coterminous with the parcel specific Urban Growth Boundary that has been developed by the City of Springfield; I 2. An amendment to the official Lane County Rural Comprehensive Plan maps to delineate the City of Springfield's parcel specific UGB boundary location pursuant to OAR 660-024-0020(2); 3. The adoption of correctly corresponding Rural Comprehensive Plan (RCP designations to lands previously designated under the Metro Plan; 11W.# IN a * Wic 9� J0008858811 Page 1 of 32 Page ] — OrdbnuuooNo. 9A 1283 EXHIBIT E Throughout these findings the amendments listed above are simply referred to as "this amendment, "the(se) amendments" • "the(se) proposed amendments". These amendments include both RCP components, and an amendment to the Eugene- Springfield Metropolitan Area General Plan (Metro Plan). Item No. 1 is a Metro Plan Amendment and the other four items constitute an gimendments to the Lane County Rural RCP. As this Amendment deals with the Metro Plan, specific criteria direct a tri-jurisdictional referral and review with the Lane County Planning Commissioners (LCPC), and the Planning Commissioners of Springfield and Eugene, and the City Councils of Springfield and Eugene. A staff report will be mailed to each • the Commissioners prior to the public hearing to assist in their recommendations as required above. Therefore, this request is in conformance with the criteria above. [ 1;11 xw � 1! Planning Commission shall hold at least one public hearing before making a recommendation to the Board on a Rural Comprehensive Plan component, or an amendment to such Plan component, and the hearing shall be conducted pursuant to LC 14.300. The Joint Planning Commission public hearing for this Proposal is scheduled to occur {00088588;1 } Page 2 of 32 Page 2 — Ordinance No. PA 1283 WIPM I H W; July 19, 2011 and will be conducted pursuant to Lane Code (LC) 14.300, LC 12.230- 12.340, and the Metro Plan. More than one hearing may be necessary in order for the Planning Commissions to hear the matter and make their recommendations to the BCC and City Councils. Iii) Notice of the time and place of hearing shall be given, pursuant to LC 14.300. (iii) If an exception to State Planning Goals is to be considered during the hearing, such exception shall be specifically noted in the notices of such hearing. Findinq4: An exception to State Planning Goals is not being requested, therefore this criteria is not applicable. (iv) The proposed Rural Comprehensive Plan component, or an amendment to such Plan component, shall be on file with the Director and available for public examination for at least 10 days prior to the time set for hearing thereon. Finding5: The proposed Amendment file is located in the LMD office and is available for public examination during work hours. I I : I 1111JI11111111111pillill 1111111 J ill Findinq6: Again, this proposal is both a RCP Amendment and a Metro Plar Amendment. In making a recommendation to the Board, the Lane County Planning Commissioners shall seek to harmonize within the framework of the needs • the County, the Metro Plan, and with the Planning Commission bodies of Eugene and Springfield according to the criteria above. {00088588;l } Page 3 of 32 Page 3 — Ordinance No. PA 1283 EXHIBIT (iii) Whenever the Planning Commission is considering a Rural Comprehensive Plan component, or an amendment to such Plan component, it shall be referred to the planning agency of every city and county affected to inform them and solicit their comments. (iv) The provisions of this subsection are directory, not mandatory, and the failure to refer such Plan, or an amendment to such Plan, shall not in any manner affect its validity. OEM Recommendation of the Planning Commission on a Rural Comprehensive Plan component, or an amendment to a Plan component, shall be by resolution of the Commission and carried by the affirmative vote of not less than a majority of its total voting 'T RARE on FIRMIMMMIN (ii) The record made at the Planning Commission hearings on a Rural Comprehensive Plan component, or an amendment to such Plan component and all materials submitted to or gathered by the Planning 1000885881 } Page of 32 Page 4-Ordinance No. PA 1283 FXHIRIT E along with the recommendation. Findingl 1: The Joint Planning Commission's recommendation will be forwardei by • the BCC and City Councils for • •' additional public hearings '• '• by D (i) After a recommendation has been submitted to the Board by the Planning Commission on the Rural Comprehensive P ; component, or an amendment to such Plan component, . persons notice shall have an opportunity to be heard thereon at a public hearing before the Board conducted pursuant to LC 14.300. (ii) Notice of the time and place of the hearing shall be given pursuan"i to LC 14.300. Iiii) If an exception to Statewide Planning Goals is to be considered during the hearing, such exception shall be specifically noted in the of such Hearings oconsider amendments of the ;t,, Diagram single p • p r , small group of properties or have other characteristics of a quasi-judicial proceeding shall be noticed pursuant to LC 14.300. offices Finding 12: Another public hearing process before the BCC and City Councils wil' be carried out after the Planning Commissions recommendation is received in LIVID Findinq13: This is not a concurrent consideration proposal. Therefore, this criteria is not applicable. {00088588;1 } Page 5 of 32 Page 5 — Ordinance No. PA 1283 EXHIBIT E adoption or amendment of a I Rural Comprehensive Plan component shall be by Ordinance. Findinq14: If approved by the BCC, this proposal will be adopted with a forma' Ordinance. Findin,05: If approved by the BCC, the Code amendment shall insert the number • the amending Ordinance. (iii) The Board may amend o the Rural Comprehensive Plan upon making the following findings: (aa) For Major and Minor Amendments as defined in L C 16.400(8)(a) below, the Plan component or amendment meets all applicable requirements of local and state law, including Statewide Planning Goals and Oregon Administrative Rules. I a I ITS, M10 Malm (bb) For Major and Mi nor Amendments as defined in LC 16.400(8)(a) below, the Plan amendment or component is: (W) necessary to correct an identified error in the application of the Plan; or (ii-li) necessary to fulfill an identified public or community need for the intended result of the component or amendment; or (iii-iii) necessary to comply with the mandate of local, state or federal policy or law; or (iv-iv) necessary to provide for the implementation of adopted Plan policy • elements; or 100088588;11 Page 6 of 32 Page 6 — Ordinance No. PA 1283 EXHIBIT E Finding'17: This Major Plan Amendment is consistent with criteria of LC . 4t1 . '•• abo (cc) FoFiDlinor Amendments as defined in LC 16.400(8)(a) below, the Plan amendment or component does not conflict with adopted Policies of the Rural Comprehensive Plan, and if possible, achieves pol ; ;•. `f o ; Finding'18: This proposal is not classified as a Minor Amendment. Therefore, this criteria is not applicable. (dd) For Mi nor Amendments as defined in LC 16.400(8)(a) below, the Plan amendment or component is compatible with the existing structure of the Rural Comprehensive Plan, and is consistent with the unamended portions or elements of the Plan. Findinq`19: This proposal is not classified as a Minor Amendment. Therefore, this criteria is not applicable. A change of zoning to implement a proposed Plan amendment may be considered concurren •' Board shall also make the final zone change decision, and the Hearings Officials consideration need not occur. Findinq20: Zone changes are being requested as part of the Amendment. Ir such cases, the BCC shall make the final zone change decision. �-ane Code Ch. 16.252 Procedures for Zoning, Rezoning and Amendments to Xe P (1) Purpose. As the Rural Comprehensive Plan for Lane County is im p l emen t ed , c i and o '•' '• thi c be required. Such Amendments shall be made in accordance with the procedures of this section. {00088588;1 } Page 7 of 32 Page 7 — Ordinance No, PA 1283 FXH|R[TF Staff has prepared a comparison analysis between uses and development authorized under LC 16.231 and LC 16.291, which is provided as Attachment 13 to the memo that 'these findings are included with. Findinq22: The rezoning of these properties will be enacted to achieve the general purpose of this chapter and not contrary to public interest. Findings of consistency with other applicable RCP provisions, and the Statewide Planning Goals are found elsewhere within this application. Should the rezoning be approved by the BCC they will be in effect by this approved Ordinance. MT M-I (a) By Planning Commission. The zoning of unzoned properties, the rezoning of properties and amendment of this chapter ma y be initiated by the Planning Commission upon its own motion or upon petition by the Planning Commission upon request of the Board as provided in LC 16.252(3)(b) below. (b) By Board. The zoning of unzoned properties, the rezoning of properties and the amendment of this chapter may be initiated by the Board in the form of a request to the Planning Commission that it consider the proposed zoning, rezoning or amendment. (00088588z} Page of 32 Page 8— Ordinance No. 9A|283 37m:��i1 (c) By Applicant. Application for the zoning or rezoning of properti- may be made by any person as provided in LC 14.050. 1 Findinq23: This Amendment proposal was initiated by Land Management Division staff at the direction of the Lane County Board of County Commissioners (BCC) as a high priority item in the adopted 2011 Long Range Planning Program. Therefore, Land.- County is the applicant in this case. The Lane County Planning Commission will c onsider this proposal at the scheduled Public Hearing on • 20 Plannin Commission shall hold not less than one pu blic hearing on each proposed legislative zoning or rezoning and amen dmen t lr th e requ of thi c h ap ter. a dvance (b) Notice of the time and place of hearing shall be given at least 10 days in publication in a newspaper of ge neral in C ounty the or in the territory • -d Findinq24: The Lane County Planning Commission will hold a public hearing o July • 2011 for - • - proposal • of - • will exceed this provisio • will be advertised in the Register • a general circulation newspap days prior to public he aring. 16) Review Procedures. Applications for zoning or rezoning of specific properties shall be heard by the Hearings Official pursuant to LC 14.300. Fin din , q25: proposal is being reviewed pursuant to LC Ch 14 public hearing proce (a) Unless the Board and Planning Commission • '• a co ncurrent hearin upon rece • an a Pl ann i ng Comm recommendation for legislative matters provided in LC 16.252(6) foa088588;1 } Page 9 of 32 Page 9 — Ordinance No. PA 1283 above, the Board shall schedule a public hearing as provided in LC 16.252(7)(b) below. The Board may schedule such a public hearing in the absence of an affirmative Planning Commission Findin.q26: This proposal is not scheduled as a concurrent hearing, therefore this criteria is no app Z; ? '•, i •, = •� ; : 1 ' al ;h ' , V , ;•, sr ; • s s• � •; "" ' , '• 'R' O,R , •1 ' , it , '•3 , Finding 28: The approval authority may choose to impose reasonable conditions if this application is approved within one year. (a) The location and boundaries of the various zones established b y this chapter shall be shown and delineated on maps covering portions of the County. These maps, upon their final adoption, shall be known as the Official Zoning Map. (b) The Zoning Map shall be established by ordinance. Subsequent amendments to the Official Zoning Maps, either for establishing zoning for previously unzoned property or for rezoning may be made by Ordinance or Order of the Hearing Authority in accordanct with the prov o f LC 1 6 and thi sec of 32 Page 10 — Ordinance No. PA W4 0 01"'. In Lane Code Ch. 12.060 Eugene-Springfield Metropolitan Area General Plan Notwithstanding any other provisions of this Chapter, compliance with the provisions of Chapter IV of the Eugene-Springfield Metropolitan Area Genera", Plan is required for an y review, amendment or refinement of the Eugene- Springfield Metropolitan Area General Plan. Findinq30: Findings • consistency with the provision • Chapter IV of the [T- -pa • • under Finding54-59, below. Lane Code Ch. 12.200 Purpose. Eugene-Springfield Metropolitan Area General Plan Element (1) Who Can Initiate Metro Plan Amendments. An amendment to thcIllietro Plarf can be initiated by the following persons or entities: {00088S88;11 Page 11 of 32 Page 11 — Ordinance No. PA �� 11 T1111 111 t Findinq32: This proposal is a Type I Metro Plan amendment initiated by the Lane County Board of Commissioners, and therefore consistent with this criteria per (1)(a) (b) Type 11 Plan Diagram and Site Specific Text amendments. (I) Inside the City limits: The Home City and citizens (ii) Between the City limits and the Plan Boundary: Any of the three governing bodies and citizens. (A) The Board may solicit a recommendation from the planning commission before initiating this category of amendment. A citizen initiating a Metro Plan Type 11 amendment must own the property subject to the amendment. (B) A citizen may seek Board initiation of a Metro Plan Type 11 amendment subject to the above requirements regarding Metro Plan Type I amendments initiated by the Board at the request of a citizen. Findinq33: This proposal is not a Type 11 amendment, therefore this criteria is not (2) When Plan Amendments can be initiated. Amendments to the Metro Plan shall be initiated and considered at the following times: 10008858811 Page 12 of 32 Page 12 — Ordinance No. PA WAGIII-112| (a) The Board may initiate a Type I or Type 11 �Iletro Plan amendment at anytime. Consideration of this type of amendment shall begin immediately thereafter. (b) Citizen initiated Type 11 Metro Plan amendments may be applied for Q any time. The initial public hearing on an application shall take plal within 60 days of acceptance of a complete application. Finding 35: This proposal is not a Type 11 Metro Plan amendment, therefore this criteria is not applicable. Findinq36: This proposal is not a citizen initiated Metro Plan amendment, therefore this criteria is not applicable. fOo0885881} Page 13 of 32 Page 13 — Ordinance No. PA INUIRM Lane Code Ch. 12.225 Metro Plan-Approval of A Plan amendment. (1) tj,r ho ibust Approve Plan Amendment. I 10 Non-Site Specific. To become effective, a non-site specific 1 Plan text Type I amendment must be approved by all three governing bodies. Finding38: The Metro Plan Amendment is classified as a Type I amendment ar6i will be reviewed • all three governing bodies per (1)(a) above. uamk� V41107MY I f00088588;11 Page 14 of 32 Page 14 — Ordinance No. PA Findin.09: This proposal is classified as a Type I Metro Plan amendment, therefore this criteria is not applicable. 12) Criteria for Al212roval of Plan Amendment. The following criteria shall be applied by the Board of Commissioners in approving or denying a plan amenX:;' ent application: (a) The amendment must be consistent with the relevant statewide I planning goals adopted by the Land Conservation and Developmeli Commission; and Findin.q40: Findings of consistency of this proposed Metro Plan amendment witr the Statewide Planning Goals are explained elsewhere in this application. (b) Adoption of the amendment must not make the Metro Plan internalLm/ inconsistent. I Findin,q4l: As this amendment only reduces the total land area within the Metro Plan and does not change or affect any existing Metro Plan goals or policies, the amendment does not make the Metro Plan internally inconsistent. 379T:TM days after the public hearing and close of the evidentiary record, the Home City's Planning Commission shall adopt a written recommendation on the proposed amendment. The recommendation shall contain findings and conclusions on proposal or a modified proposal approval Lane Code Ch. 12.235 Metro Plan-Plan Amendment Approval Process-Two Jurisdictions. (1) When the Two Jurisdictions Process is Used. The following process shall be used to approve Metro Plan amendments when an amendment concerns land located outside of the corporate limits of one of the cities and the other city has chosen not to participate in the approval process. {000sssss;s } Page 16 of 32 Page 16 — Ordinance No. PA FXHIRIT F (5) Conflict Resolution Process. The following process shall be used when t governing bodies do not enact identical decisions on the proposed Metro Plan amendment. 0 1 Findinq43: All three governing jurisdictions have chosen to participate in this Metro Plan Amendment, therefore the process of LC 12.24 0 below along with LC Ch. 16.400(6) shall be followed. 0 � 111m, (1) When The Three Jurisdiction Process is U The following process shall {00088588;1 } Page 17 of 32 Page 17 — Ordinance No. PA FSPURM Findinq44: This Type I Metro Plan amendment is being processed as a three jurisdictional process. Findin.q45: LIVID staff will prepare and mail a written report to the Planning Commissions of all three jurisdictions and mail the report to all affected and interested parties prior to the Public Hearing. The report will also be available in LIVID offices during normal business hours. Pr ocess f or G overnmen t •a P lan A me ndm ents. ,i di pro cess, or both, processes r: ines specified in LC 12.230 12.235 or 12.240 above, may be established by the governing bodies of Eugene, Springfield and Lane County for any government initiated Metro Plan amendment. Fin dinq48: different process or - specified in LC 12.230, 12.235, or 1 may be established b - governing bodies - deem worthy. Metro (2) Time Frame Waiver. The time frames prescribed in connection with Type IT amendment ••. cesses can be d if the applicant agrees o the waivers. Finding 49: This is not a Type 11 amendment, therefore this criteria is not applicable- • • 1 time this amendment been proposed, - - s e this criteria is not applicable. {00088588;1 } Page 19 of 32 Page 19 - Ordinance No. PA EXHIBIT Finding5l: No changes to a Metro plan Refinement Plan are being proposed. Findinq52: The Metro Plan amendment component is considered one plar change, therefore this criteria is not applicable. (6) Relationship Of Amendment Process To Metro Plan Update And Periodic Review. An update of any element of the Metro Plan requires initiation and approval by all three jurisdictions. Amendments to the Metro Plan that result from state-mandated Periodic Review require approval by all three Findinq53: The Metro Plan amendment entails initiation and approval from all three jurisdictions. In addition to criteria identified elsewhere within this document, amendments to the Metro Plan also require consistency with Goal IV, Policies 3-7 and 10 of the Metro Plan, listed below: 3. All amendments to the Metro Plan shall be classified as a Type I or Type 11 amendment depending upon the specific changes sought by the initiator of the proposal. a. Type I amendment shall include any change to the urban growth {00088588z} Page 20 of 32 Page 20 — Ordinance No. PA 0 IY in �.. . r' �, :, r '• , �, expansi ana any 3707-7 11 11 s Ty 11 amen Pl an Diagram or Metro Plan text that is site specific and not otherwise a Ty pe I category amend Fin dinq54: • 1 amendment entails a modification to the4fletro Plan Boundary and is therefore consistent with this requirement. a. .. T I amendment r at the discretion of one o the three governing bodies. (Note: this correction reflects adopted ordinance and code.) A Type 11 amendment may be initiated at the discretion of any o e o the three governing bodies or by any citizen who owns property that is subject of the proposed amendment. I c Only a governing body may initiate a refinement plan, a functional plan, a special area study or Periodic Review or Metro Plan update- d. The governing bodies of the three metropolitan jurisdictions may initiate an amendment 1 th M e t ro Plan at any time. Citizen initiated Type 11 amendments may be initiated at any time. Findinq55: This Type 1 amendment has been initiated by Lane County and is therefore consistent with this requirement. 5. The approval process for Metro Plan amendments, including the nu mber o governing bodies :o participate for final action, will vary depending upon the classification of amendment and whether a determination is made that the proposed amendment i have Re I {000sssss;i 1 Page 21 of 32 Page 21 — Ordinance No, PA EXHIBIT E demonstrable impact on •, drainage wastewater, or po, o facilities of o: or e. Decisions on all Type 11 amendments {000ss588j } Page 22 of 32 Page 22 — Ordinance No. PA t rsitam Findin,q56: This amendment entails a more of the criteria identified in Policy 5. A, decision makers. Findin.q58: If consensus is reached • approve a proposed amendment, substantively identical ordinances affecting the changes shall be adopted by the three jurisdictions. Findinq 59: ' This amendment is not part of a Periodic Review work program, but it was initiated • Lane County BCC and is therefore consistent with this requirement. {00088588;1 Page 23 of 32 Page 23 — Ordinance No. PA EXHIBIT As directed by Lane Code Ch. 16.400(6) (h)(ii)(aa) for the RCP amendment items, LC 12.225(2)(a) for the Metro Plan amendment item, and ORS 197.175(2)(a), the proposal must be consistent with the relevant Statewide Planning Goals. Goal 1: Citizen Involvement To provide for widespread citizen involvement. LIVID has done a number of outreach actions for this item. On April 21, 2011 LIVID staff held an Open House Event in Harris Hall advertized on two different dates via a display advertisement in the Eugene Register Guard. Additionally, LMD has created an informational webpage for this item at: Goal 2: Planning To establish a land use planning process and policy framework as a basis for all decisions and actions to use of land and to assure an adequate factual base for spicY r;ecisions and actions. Throughout this document staff has developed findings of consistency with a wide range of applicable criteria listed above. The proposal must meet any and all of the criteria in order to be implemented and adopted. Consistency with Goal 2 is derived through the public process along with the complete set of findings of consistency with all the criteria. 100088588; 11 Page 24 of 32 Page 24 — Ordinance No. PA Goal 3: Agricultural Lands To preserve and maintain agricultural lands. Goal 4: Forest Lands This goal defines forest lands and requires counties to inventory them and adopt policies and ordinances that will "conserve forest lands for forest uses." Findinq63: This goal promotes the importance of conserving forest lands for forest uses. Forest Lands shall include lands which are suitable for commercial forest uses including adjacent • nearby lands which are necessary to permit forest operations • practices and other forested lands that maintain soil, air, water and fish and wildlife resources. !III Iil�miilii : �:�::��l��l��l�l�l� 11 11 111 A f00088588;1 I Page 25 of 32 Page 25 — Ordinance No. PA WIG111,119 To protect natural resources and conserve scenic and historic areas and open spaces. Findin.q64: This goal directs jurisdictions to inventory, protect, and conserve natural resources for present and future generations. Within the Metro Plan area, La County, Springfield, and Eugene jointly completed the Goal 5 requirements in the acknowledged Metro Plan document Ch. III Environmental Resources Element, Goal sectiots. Goal 6: Air, Water and Land Resource Quality ir• maintain and improve the quality of the air, water and land resources of the state. Goal 7: Areas Subject to Natural Hazards To protect people and property from natural hazard-1 Goal 8: Recreationak1eeds To satisfy the recreational need s of the citizens of t he state and visitors and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. f00088588;1 I Page 26 of 32 Page 26 — Ordinance No. PA Goal 9: Economic Development To provide adequate opportunities throughout The state for a variety of -conomic activities vital to the health, welfare, and prosperity of Oregon's Goal 0: Housing To provide f• r the housing needs for the citizens of the State. EXHIBIT E of 32 Page 27 — Ordinance No. PA EXHIBIT E Goal 12: Transportation I 100088588;1 } Page 28 of 32 Page 28 — Ordinance No. PA MIMM Goal 14: Urbanization To provide for an orderly and efficient transition from rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to ensure efficient use of land, and to provide for livable communities. Goal: 15 Willamette River Greenway To protect, conserve, enhance and maintain the natural, scenic, historical, agricultural, economic and recreational qualities of lands along the Willamett.- River as the Willamette River Greenway. Lands previously governed under the Metro Plan will be governed under the RCP should this amendment obtain approval. Lane County completed Goal 15 requirements in its acknowledged RCP. Given the above finding, the application is consistent with Goal 15. Findinq75: These four goals are geographically separated from the Metro Plan area. Therefore, they are not applicable to this application. {00088588;1 } Page 29 of 32 Page 29 — Ordinance No. PA EXHIBIT fOo0885881} Page 30 of 32 Page 30 — Ordinance No. PA EXHIBIT E WHEREAS, through Ordinance No. PA 1281, the partners of the Eugene-Springfield Metropolitan Area General Plan (Metro Plan) have jointly modified the boundaries of the Met Plan; and I WHEREAS, it is now necessary to amend the Lane County Rural Comprehensive Plan (RCP) to apply RCP plan designations to lands removed from the Metro Plan pursuant to ordinance no. PA 1281 and WHEREAS, it is also necessary to adopt the City of Springfield's parcel spe Boundary location on official Lane County RCP plan and zone maps to comply with OAR 660- 024-0020(2); and Ejection 1. The Official Lane County Rural Comprehensive Plan (RCP) - plan maps # 1701, 1702, 1703, 1802 and 1803, which are included as Exhibits A-E to this ordinance are hereby repealed and replaced with the amended RCP plan maps # 1701, 1702, 1703, 1802 and 1803 included as Exhibits F-J attached and incorporated herein by this reference. _Section 2. The Official RCP - zone maps # 1702, 1703, 1802 and 1803, which are included as Exhibits K-N to this ordinance are hereby repealed and replaced with the amended RCP zone maps # 1702, 1703, 1802 and 1803 included as Exhibits 0- R attached and incorporated herein by this reference. (00088588;1 Page 31 of 32 Page 31 — Ordinance No. PA EXHIBIT E Section 1. The prior policies, plan and zone diagram designations repealed or changed by this Ordinance remain in full force and effect to authorize prosecution • persons in violation thereof prior to the effective date of this Ordinance. Section 4. If any section, subsection, sentence, clause phrase of portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such section shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. FURTHER, although not part of this Ordinance, the Board of County Commissioners adopts dings and conclusions in support of this action as set forth in Exhibit "E" to Ordinance No. PA 1281, incorporated here by this reference. ENACTED this day • 2012. Sid Leiken, Chair Lane County Board • Commissioners Recording Secretary for this Board Meeting APPROVED AS TO FORM Date Lane County Office of legal Counsel 100088588;11 Page 32 of 32 Page 32 — Ordinance No. PA