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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. 1 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 2 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 3 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 4 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 5 (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 6 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