HomeMy WebLinkAboutItem 02 Initiation of Amendments to Chapter IV of the Metro Plan to Implement the ORS 197.304 AGENDA ITEM SUMMARY Meeting Date: 3/11/2013
Meeting Type: Work Session
Staff Contact/Dept.: Mark Metzger
Staff Phone No: 541-726-3775
Estimated Time: 30 minutes
S P R I N G F I E L D
C I T Y C O U N C I L
Council Goals: Mandate
ITEM TITLE: INITIATION OF AMENDMENTS TO CHAPTER IV OF THE METRO PLAN
TO IMPLEMENT THE ORS 197.304
ACTION
REQUESTED:
No action is required. Staff will introduce proposed amendments to Chapter IV of
the Metro Plan in preparation for formal initiation of review proceedings.
ISSUE
STATEMENT:
The planning staffs and legal counsel for Eugene, Springfield and Lane County
have prepared amendments to Chapter IV of the Metro Plan to implement ORS
197.304 (HB 3337). Type I non-site specific amendments to the Metro Plan
require a formal motion of initiation by one of the governing bodies.
ATTACHMENTS: 1. Redline Version of Metro Plan Chapter IV Amendments
2. Schedule of Adoption for Chapter IV Amendments
DISCUSSION/
FINANCIAL
IMPACT:
ORS 197.304 (HB 3337) established separate Urban Growth Boundaries (UGBs)
for Eugene and Springfield and was the impetus for the Springfield 2030
Refinement Plan and the Envision Eugene planning initiatives. As these planning
efforts are readied for adoption, amendments to Chapter IV are needed to clarify
which governing bodies will participate in decision making given the establishment
of separate UGBs. The amendments to Chapter IV are intended to support a
framework for needed planning collaboration among the jurisdictions while
respecting the autonomy of each.
The most significant changes to Chapter IV of the Metro Plan are summarized
below.
• Three types of Metro Plan amendments are established by the amendments:
Type I which requires the participation of all three jurisdictions; Type II
which requires the participation of the home city and Lane County; and
Type III amendments which may be enacted by the home city alone. The
current policy defines only two types of amendments: Types I and II.
• The proposed amendments more carefully define “regional impact.” Metro
Plan amendments having a “significant impact” on the water, storm
drainage, wastewater, or transportation facilities of the non-home city are
defined as having a regional impact. The current policy language uses the
term “demonstrable impact” which is a lower standard to meet. Actions
requiring amendment of a regional transportation system plan, or a regional
public facilities plan are assumed to have a regional impact. Amendments
with regional impact entitle the non-home city to intervene in a Type II
decision.
• When governing bodies do not reach consensus on a Metro Plan
amendment, the current policy sends the matter to the Metropolitan Policy
Committee (MPC). The proposed amendments would send unresolved
decisions to the Chair of the Board of County Commissioners and one or
both of the Mayors of Eugene and Springfield, depending on how many
governing bodies are participating in the decision.
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Chapter IV
Metro Plan Review, Amendments, and Refinements
The Metro Plan is the long-range public policy document which establishes the broad framework upon
which Eugene, Springfield, and Lane County make coordinated land use decisions. While the Metro Plan
is the basic guiding land use policy document, it may be amended from time to time require update or
amendment in response to changes in the law or circumstances of importance to the community.
Likewise, the Metro Plan may be augmented and implemented by more detailed refinement plans and
regulatory measures.
Goal
Ensure that the Metro Plan is responsive to the changing conditions, needs, and attitudes of the
community.
Findings, Objectives, and Policies
Findings
1. If the Metro Plan is to maintain its effectiveness as a policy guide, it must be adaptable to the
changing laws and the needs and circumstances of the community.
2. Between Metro Plan updates, changes to the Metro Plan may occur through Periodic Review and
amendments initiated by the governing bodies and citizens.
3. Refinements to the Metro Plan are may be necessary in certain geographical portions of the
community where there is a great deal of development pressure or for certain special purposes.
4. Refinement plans augment and assist in the implementation of the Metro Plan.
5. Enactment of ORS 197.304 required each city to separately establish its own Urban Growth
Boundary (UGB) and demonstrate that it has sufficient buildable lands to accommodate its
estimated housing needs for twenty years.
Objectives
1. Maintain a schedule for monitoring, reviewing, and amending the Metropolitan Area General
Plan so it will remain current and valid.
2. Maintain a current land use and parcel information base for monitoring and updating the
Metropolitan Area General Plan.
3. Prepare refinement and functional plans that supplement the Metropolitan Area General Plan.
Policies
1. A special review, and if appropriate, Metro Plan amendment, shall be initiated if changes in the
basic assumptions of the Metro Plan occur. An example would be a change in public demand for
certain housing types that in turn may affect the overall inventory of residential land.
Attachment 1-1
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2. The regional land information database shall be maintained on a regular basis.
3. All amendments A proposed amendment to the Metro Plan shall be classified as a Type I, or
Type II or Type III amendment depending upon the specific changes sought by the initiator of the
proposal number of governing bodies required to approve the decision.
a. A Type I amendment shall include any change to the urban growth boundary (UGB) or
the Metro Plan Plan Boundary (Plan Boundary) of the Metro Plan; any change that
requires a goal exception to be taken under Statewide Planning Goal 2 that is not related
to the UGB expansion; and any amendment to the Metro Plan text that is non-site
specific.
b. A Type II amendment shall include any change to the Metro Plan Diagram or Metro Plan
text that is site specific and not otherwise a Type I category amendment.
c. Adoption or amendment of some refinement plans, functional plans, or special area plans
may, in some circumstances, be classified as Type I or Type II amendments.
Amendments to the Metro Plan that result from state mandated Periodic Review or Metro
Plan updates also shall be classified as Type I or Type II amendments depending upon
the specific changes that would result from these actions.
4. A Type I Amendment requires approval by all three governing bodies:
a.
Type I Diagram Amendments include:
i.
Amendments of the Common UGB along I-5; and
ii.
A UGB or Boundary change that crosses I-5.
b.
Type I Text Amendments include:
i.
Amendments that change a Fundamental Principle as set forth in Chapter II A. of
the Metro Plan;
ii.
Non site specific amendments that apply to all three jurisdictions;
iii.
Any change that requires a goal exception taken under Statewide Planning Goal 2
that is not related to a UGB expansion; and
iv.
Amendments to a regional transportation system plan, or a regional public
facilities plan, when the participation of all three governing bodies is required by
the amendment provisions of those plans.
5. A Type II Amendment requires approval by two governing bodies. The governing bodies in a
Type II are the home city and Lane County. Eugene is the home city for amendments west of I-5,
and Springfield is the home city for amendments east of I-5:
b. Type II Diagram Amendments include:
Attachment 1-2
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i. Amendments to the Metro Plan Diagram for the area between a city limit and the
Plan Boundary;
ii. A UGB amendment east or west of I-5 that is not described as a Type I
amendment.
c. Type II Text Amendments include:
i. Amendments that are non site specific and apply only to Lane County and one of
the cities;
ii. Amendments that have a site specific application between a city limit of the
home city and the Plan Boundary;
iii. Amendments to a jointly adopted regional transportation system plan, or a
regional public facilities plan, when only participation by Lane County and one
of the cities is required by the amendment provisions of those plans.
c. Regional Impact Amendments- The non home city may participate in a Type II
Amendment if it can show Regional Impact. An amendment will be considered to have
Regional Impact if:
i. In order to provide the subject property with an adequate level of urban services
and facilities, the amendment will require a regional transportation system plan,
or a regional public facilities plan to be amended; or
ii. The amendment has a significant impact on the water, storm drainage,
wastewater, or transportation facilities of the non-home city.
d. Notwithstanding paragraph c. above, a governing body may approve any Type III
amendment to the Metro Plan Diagram or text without causing Regional Impact.
e. The initiating governing body, or the governing body responsible for processing a citizen
initiated change, will send notice of the proposed amendment to the other governing
body, and based upon a determination that the proposal will have Regional Impact, the
other governing body may choose to participate in the decision. The other governing
body must make affirmative findings of Regional Impact in order to participate in the
decision.
6. A Type III amendment requires approval by the home city.
a. Type III Diagram Amendments include amendments to the Metro Plan Diagram for land
inside the city limits.
b. Type III Text Amendments include:
i. Amendments that are non site specific and apply only to land inside the city limits of
the home city;
ii. Site specific amendments that apply only to land inside the city limits of the home city;
and
Attachment 1-3
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iii. Amendments to a regional transportation system plan, or a regional public facilities
plan, when only participation by the home city is required by the amendment
provisions of those plans.
iv. The creation of new Metro Plan designations and the amendment of existing Metro
Plan designation descriptions that apply only within the city limits of the home city.
4. 7. Initiation of Metro Plan amendments shall be as follows:
a. A Type I amendment may be initiated at the discretion of any one of by the three
governing bodies. (Note: this correction reflects adopted ordinance and code.) at any
time.
b. A Type II amendment may be initiated at the discretion of any one of the three governing
bodies or by any citizen who owns property that is subject of the proposed amendment by
the home city or county at any time. A property owner whose property is the subject of a
proposed amendment may initiate a Type II amendment at any time subject to limitations
set out in the development codes of the home city and Lane County.
c. A Type III amendment may be initiated by Eugene, Springfield, or a property owner
whose property is the subject of the proposed amendment at any time subject to
limitations set out in the home city development code.
c. d. Only a governing body may initiate a refinement plan, a functional plan, a special area
study or Periodic Review or Metro Plan update.
e. Metro Plan updates shall be initiated no less frequently than during the state required
Periodic Review of the Metro Plan, although the governing bodies may initiate an update
of the Metro Plan at any time.
5. The approval process for Metro Plan amendments, including the number of governing bodies
who participate and the timeline for final action, will vary depending upon the classification of
amendment and whether a determination is made that the proposed amendment will have
Regional Impact.
a. All three governing bodies must approve non-site-specific text amendments; site specific
Metro Plan Diagram amendments that involve a UGB or Plan Boundary change that
crosses the Willamette or McKenzie Rivers or that crosses over a ridge into a new basin;
and, amendments that involve a goal exception not related to a UGB expansion.
b. A site specific Type I Metro Plan amendment that involves a UGB expansion or Plan
Boundary change and a Type II Metro Plan amendment between the city limits and Plan
Boundary, must be approved by the home city and Lane County (Springfield is the home
city for amendments east of I-5 and Eugene is the home city for amendments west of I-5).
The non-home city will be sent a referral of the proposed amendment and, based upon a
determination that the proposal will have Regional Impact, may choose to participate in
the decision. Unless the non-home city makes affirmative findings of Regional Impact,
the non-home city will not participate in the decision.
c. An amendment will be considered to have Regional Impact if:
Attachment 1-4
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(1) It will require an amendment to a jointly adopted functional plan [Eugene-
Springfield Metropolitan Area Transportation Plan (TransPlan), Eugene-
Springfield Public Facilities and Services Plan (Public Facilities and Services
Plan), etc.] in order to provide the subject property with an adequate level of
urban services and facilities; or
(2) It has a demonstrable impact on the water, storm drainage, wastewater, or
transportation facilities of the non-home city; or
(3) It affects the buildable land inventory by significantly adding to Low Density
Residential (LDR), Campus Industrial (CI), Light-Medium Industrial (LMI), or
Heavy Industrial (HI) designations or significantly reducing the Medium Density
Residential (MDR), High Density Residential (HDR), or Community
Commercial (CC) designations.
d. A jurisdiction may amend a Metro Plan designation without causing Regional Impact
when this action is taken to: compensate for reductions in buildable land caused by
protection of newly discovered natural resources within its own jurisdiction; or
accommodate the contiguous expansion of an existing business with a site-specific
requirement.
e. Decisions on all Type II amendments within city limits shall be the sole responsibility of
the home city.
6. Public hearings by the governing bodies for Metro Plan amendments requiring participation from
one or two jurisdictions shall be held within 120 days of the initiation date. Metro Plan
amendments that require a final decision from all three governing bodies shall be concluded
within 180 days of the initiation date. When more than one jurisdiction participates in the
decision, the Planning Commissions of the participating jurisdictions shall conduct a joint public
hearing and forward that record and their recommendations to their respective elected officials.
The elected officials also shall conduct a joint public hearing prior to making a final decision.
The time frames prescribed in connection with Type II Metro Plan amendment processes can be
waived if the applicant agrees to the waiver.
7. If all participating jurisdictions reach a consensus to approve a proposed amendment,
substantively identical ordinances affecting the changes shall be adopted. Where there is a
consensus to deny a proposed amendment, it may not be re-initiated, except by one of the three
governing bodies, for one year. Amendments for which there is no consensus shall be referred to
the Metropolitan Policy Committee (MPC) for additional study, conflict resolution, and
recommendation back to the governing bodies.
8. Adopted or denied Metro Plan amendments may be appealed to the Oregon Land Use Board of
Appeals (LUBA) or the Department of Land Conservation and Development (DLCD) according
to applicable state law.
9. The three metropolitan jurisdictions shall jointly develop and adopt Metro Plan amendment
application procedures and a fee schedule.
Attachment 1-5
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10. Metro Plan updates shall be initiated no less frequently than during the state required Periodic
Review of the Metro Plan, although the governing bodies may initiate an update of the Metro
Plan at any time.
8. The approval process for Metro Plan amendments shall be as follows:
a. When more than one governing body participates in the decision, the Planning Commissions
of the bodies shall conduct a joint public hearing and forward that record and their
recommendations to their respective elected officials. The elected officials shall also conduct
a joint public hearing prior to making a final decision.
b. If all participating governing bodies reach a consensus to approve a proposed amendment,
substantively identical ordinances effecting the changes shall be adopted. Where there is a
consensus to deny a proposed amendment, it may not be re-initiated, except by one of the
three governing bodies, for one year.
c. A Type I amendment or a Type II amendment with Regional Impact for which there is no
consensus shall be referred to the Chair of the Lane County Board of Commissioners and the
Mayors of Eugene and Springfield for further examination of the issue(s) in dispute and
recommendation back to the governing bodies.
d. A Type II amendment without Regional Impact for which there is no consensus shall be
referred to the Chair of the Lane County Board of Commissioners and the Mayor of the home
city for further examination of the issue(s) in dispute and recommendation back to the
governing bodies.
e. Adopted or denied Metro Plan amendments may be appealed to the Oregon Land Use Board
of Appeals (LUBA) or the Department of Land Conservation and Development (DLCD)
according to applicable state law.
f. The three governing bodies shall jointly develop and adopt Metro Plan amendment
application procedures.
11. 9. In addition to the update of the Metro Plan, refinement studies may be undertaken for individual
geographical areas and special purpose or functional elements, as determined appropriate by each
governing body.
12. 10. All refinement and functional plans must be consistent with the Metro Plan and should
inconsistencies occur, the Metro Plan is the prevailing policy document.
13. 11. Refinement plans developed by one jurisdiction governing body shall be referred to the other two
jurisdictions for their review. Either of the two referral jurisdictions governing bodies may
determine that an amendment to the Metro Plan is required.
14. 12. Local implementing ordinances shall provide a process for zoning lands in conformance with the
Metro Plan.
Attachment 1-6
Schedule for Adoption of Chapter IV Amendments
This schedule assumes that the amendments are ready to move forward as is today. This does not include Development Code changes that will
need to be adopted for implementation. This is an optimistic schedule that allows minimal time for public review, and anticipates one hearing
for the JPC and JEO.
Task Start Date Duration
Staff Report: Staff is preparing a draft staff report. The report will be issued to the PCs within 30 days of
initiation. This draft report will not include public input but is required for the DLCD Notice.
March 4 13 days
Public Information: Prepare public information materials, post to web sites and applicable social media.
Release to media.
March 11 14 days
Meetings with Interested Parties: Identify parties by each jurisdiction. Home Builders, 1000 Friends,
Chambers of Commerce, Friends of Eugene, etc.
March 11 30 days
(April 9)
Public Inforum: Schedule and hold 2 public inforums prior to first PC meeting on the matter. March 11 30 days
(April 9)
Initiation: Springfield is home city. The Council may solicit a recommendation from the PC. We are not
seeking PC advice. Resolution required from Council?
March 18 1 day
Referral: Referral to Eugene and Lane County. Referral must be made within 10 days of initiation.
Response is required within 45 days. A 14-day response is assumed.
March 25 14 days
DLCD Notice of Proposed Amendment: The Notice with a staff report (findings) are required at least 35
days prior to first evidentiary hearing.
March 25 35 days
Published Notice of Hearings: Newspaper notice will be required 20 days (or two 10-day notices) in advance
of first public hearing.
April 12 20 days
Hold JPC Work Session: This schedule assumes that a Joint PC meeting can be scheduled for this date. It
also assumes that separate work sessions and public hearing will be held. One month is allowed between
April 23 1 day
Attachment 2-1
Task Start Date Duration
the JPC work session and hearing.
Hold JPC Hearing: This schedule assumes that a Joint PC meeting can be scheduled for this date. Often, the
record is held open for these hearings and a second meeting is required for decisions to be made. Two
weeks are allowed between JPC hearing and JEO Work Session.
May 14 I day
Hold JEO Work Session: This schedule assumes that a JEO meeting can be scheduled for this date. A period
of 14 days allowed between work session and hearing. One month is allowed between the JEO work session
and public hearing.
May 28 1 day
Hold JEO Hearing: This schedule assumes that a Joint PC meeting can be scheduled for this date. Often, the
record is held open for these hearings and a second meeting is required for decisions to be made. One
month is allowed for all jurisdictions to take action and DLCD is noticed.
June 18 1 day
DLCD Notification of Adoption: DLCD must be notified within 5 days of adoption by the final jurisdiction.
The Notice must include the final adopted ordinances from each jurisdiction. The Notice will start a 21-day
window for appeals.
July 16 21-days
Adoption Complete* If second meetings of the JPC or JEO are required. The August date shown is likely to
be delayed by at least 1 month. An appeal of the action will likely push out completion by another 6
months.
August 6 Close of Appeal
Period
Attachment 2-2